Vol. 86 Wednesday, No. 45 March 10, 2021

Pages 13623–13796

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 86, No. 45

Wednesday, March 10, 2021

Agriculture Department Defense Department NOTICES RULES Agency Information Collection Activities; Proposals, Federal Acquisition Regulation: Submissions, and Approvals: Circular 2021–05; Introduction, 13794 Generic Clearance for the Collection of Qualitative Circular 2021–05; Small Entity Compliance Guide, Feedback on Agency Service Delivery, 13686 13794–13795 Technical Amendment, 13794 Antitrust Division NOTICES Economic Analysis Bureau Changes under the National Cooperative Research and NOTICES Production Act: Annual Survey: Cooperative Research Group on Particle Sensor Foreign Direct Investment in the United States, 13691– Performance and Durability, 13734 13692 DVD Copy Control Association, 13751–13752 Foreign Ocean Carriers’ Expenses in the United States, Dynamic Spectrum Alliance, Inc., 13734 13690–13691 Electrified Vehicle and Energy Storage Evaluation, 13750 U.S. Direct Investment Abroad, 13692 IMS Global Learning Consortium, Inc., 13752–13753 Quarterly Survey: Open Source Imaging Consortium, Inc., 13751 Financial Services Transactions between U.S. Financial OpenJS Foundation, 13752 Services Providers and Foreign Persons, 13693– Telemanagement Forum, 13753 13694 The Open Group, LLC, 13751 Foreign Airline Operators’ Revenues and Expenses in the Undersea Technology Innovation Consortium, 13752 United States, 13688–13689 Z-Wave Alliance, Inc., 13733–13734 Insurance Transactions by U.S. Insurance Companies Proposed Final Judgment and Competitive Impact with Foreign Persons, 13687–13688 Statement: Ocean Freight Revenues and Foreign Expenses of U.S. United States v. Evangelical Community Hospital, et ano., Carriers, 13688 13735–13750 Transactions in Selected Services and Intellectual Property with Foreign Persons, 13692–13693 Centers for Medicare & Medicaid Services U.S. Airline Operators’ Foreign Revenues and Expenses, NOTICES 13689–13690 Agency Information Collection Activities; Proposals, U.S. Direct Investment Abroad—Transactions of U.S. Submissions, and Approvals, 13719–13720 Reporter with Foreign Affiliate, 13690

Civil Rights Commission Education Department NOTICES Meetings: NOTICES Agency Information Collection Activities; Proposals, South Carolina Advisory Committee, 13686–13687 Submissions, and Approvals: Assurance of Compliance—Civil Rights Certificate, Coast Guard 13701–13702 RULES Teacher Cancellation Low Income Directory, 13702 Safety Zone: Arkansas River, Mile Marker 126.6, Little Rock, AR, 13653–13655 Employment and Training Administration Red River, Mile Marker 59, Moncla, LA, 13651–13653 NOTICES Security Zone: Labor Certification Process for the Temporary Employment San Diego Bay, San Diego, CA, 13649–13650 of H–2A and H–2B Foreign Workers in the United States: Commerce Department Annual Update to Allowable Monetary Charges for See Economic Analysis Bureau Agricultural Workers’ Meals and for Travel See Foreign-Trade Zones Board Subsistence Reimbursement, Including Lodging, See International Trade Administration 13756–13757 See National Oceanic and Atmospheric Administration Request for Information: Report on Labor Market Information on the Native American Work Force, 13754–13756 Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Energy Department Submissions, and Approvals: See Federal Energy Regulatory Commission State Annual Long-Term Care Ombudsman Report– NOTICES National Ombudsman Reporting System, 13720– Meetings: 13721 International Energy Agency, 13702–13703

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Environmental Protection Agency Complaint: RULES Complaint of Michael Mabee Related to Reliability Air Quality State Implementation Plans; Approvals and Standards, 13704 Promulgations: Initial Market-Based Rate Filings Including Requests for Kentucky; Jefferson County Existing and New Volatile Blanket Section 204 Authorizations: Organic Compounds Storage Vessels Rule Changes, Coso Battery Storage, LLC, 13703–13704 13655–13658 Records Governing Off-the-Record Communications, 13704– Washington: Inspection and Maintenance Program; 13705 Correction, 13658 Water Quality Certification Application: PROPOSED RULES United Water Conservation District; Waiver Period, 13704 Air Quality State Implementation Plans; Approvals and Promulgations: Federal Maritime Commission Ohio; Infrastructure SIP Requirements for the 2015 Ozone NOTICES NAAQS, 13671–13679 Agreements Filed, 13717–13718 Texas; Reasonably Available Control Technology in the Houston=Galveston-Brazoria Ozone Nonattainment Area, 13679–13683 Federal Motor Carrier Safety Administration NOTICES NOTICES Certain New Chemicals or Significant New Uses: Qualification of Drivers; Exemption Applications: Statements of Findings for January through December Hearing, 13786–13787 2020, 13706–13714 Clean Air Act Operating Permit Program: Federal Reserve System Petition for Objection to State Operating Permit for NOTICES Hazlehurst Wood Pellets, LLC (Jeff Davis County, Change in Bank Control: GA), 13716–13717 Acquisitions of Shares of a Bank or Bank Holding Request to Voluntarily Cancel Certain Pesticide Company, 13718 Registrations: Cryolite and Propazine, 13714–13716 Federal Trade Commission NOTICES Federal Aviation Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 13718–13719 Airspace Designations and Reporting Points: Calais, ME, 13644–13645 Foreign Assets Control Office Vicinity of Henderson, WV, 13642–13644 Airworthiness Directives: NOTICES Blocking or Unblocking of Persons and Properties, 13787– Airbus Helicopters, 13633–13640 Airbus SAS Airplanes, 13640–13642 13788 Sikorsky Aircraft Corporation Helicopters, 13631–13633 Operation of Small Unmanned Aircraft Systems over Foreign-Trade Zones Board People; Delay; Correction, 13630–13631 NOTICES Remote Identification of Unmanned Aircraft; Delay, 13629– Subzone Application: 13630 Piramal Critical Care, Inc.; Foreign-Trade Zone 44; Mt. PROPOSED RULES Olive, NJ, 13694 Airspace Designations and Reporting Points: Doylestown, PA, 13670–13671 General Services Administration Northcentral United States, 13668–13670 RULES Airworthiness Directives: Federal Acquisition Regulation: Airbus Helicopters Deutschland GmbH Helicopters, Circular 2021–05; Introduction, 13794 13665–13667 Circular 2021–05; Small Entity Compliance Guide, 13794–13795 Federal Communications Commission Technical Amendment, 13794 RULES Expanding Flexible Use of the 3.7 to 4.2 GHz Band, 13659– Health and Human Services Department 13660 See Centers for Medicare & Medicaid Services FM Translator Interference, 13660–13664 See Community Living Administration PROPOSED RULES See National Institutes of Health Television Broadcasting Services: Tulsa, OK, 13684 See Substance Abuse and Mental Health Services NOTICES Administration Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 13717 Health Insurance Portability and Accountability Act of 1996 Privacy Rule, 13683–13684 Federal Emergency Management Agency NOTICES NOTICES Meetings: Flood Hazard Determinations; Changes, 13725–13730 National Committee on Vital and Health Statistics, 13721 Federal Energy Regulatory Commission Homeland Security Department NOTICES See Coast Guard Combined Filings, 13705–13706 See Federal Emergency Management Agency

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Housing and Urban Development Department National Endowment for the Arts RULES NOTICES Manufactured Home Construction and Safety Standards; Development of the National Endowment for the Arts’ Delay of Effective Date, 13645–13647 2022–2026 Strategic Plan, 13760–13761 Meetings: Interior Department National Council on the Arts, 13761 See National Park Service National Foundation on the Arts and the Humanities Internal Revenue Service See National Endowment for the Arts RULES Guidance: National Highway Traffic Safety Administration Passive Foreign Investment Companies; Correction, PROPOSED RULES 13647–13649 Federal Motor Vehicle Safety Standards: Test Procedures; Reopening of Comment Period, 13684– International Trade Administration 13685 NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: National Institutes of Health Certain Large Vertical Shaft Engines Between 225cc and NOTICES 999cc, and Parts Thereof, from the People’s Republic Meetings: of China, 13694–13695 Center for Scientific Review, 13721–13723 National Center for Advancing Translational Sciences, International Trade Commission 13723–13724 NOTICES National Heart, Lung, and Blood Institute, 13723–13724 Investigations; Determinations, Modifications, and Rulings, etc.: National Oceanic and Atmospheric Administration Certain Semiconductor Devices, Wireless Infrastructure NOTICES Equipment Containing the Same, and Components General Provisions for Domestic Fisheries: Thereof, 13733 Application for Exempted Fishing Permits, 13700 Certain Woven Textile Fabrics and Products Containing Permits: Same, 13731–13733 Marine Mammals and Endangered Species, 13700–13701 Takes of Marine Mammals Incidental to Specified Justice Department Activities: See Antitrust Division Marine Site Characterization Surveys off of Coastal NOTICES Virginia, 13695–13700 Proposed Consent Decree: Clean Water Act, 13754 National Park Service NOTICES Labor Department Intent to Repatriate Cultural Items: See Employment and Training Administration Kentucky Museum, Western Kentucky University, See Occupational Safety and Health Administration Bowling Green, KY, 13731 NOTICES Agency Information Collection Activities; Proposals, National Science Foundation Submissions, and Approvals: NOTICES Federal Contractor Veterans’ Employment Report, 13757– Meetings: 13758 Advisory Committee for Engineering, 13761–13762 Marine Mammal Commission NOTICES Nuclear Regulatory Commission Meetings; Sunshine Act, 13759 NOTICES Exemption; Issuance: Millennium Challenge Corporation ADP CR3, LLC Crystal River Unit 3 Nuclear Plant, NOTICES 13767–13768 Meetings: Guidance: Economic Advisory Council, 13760 Fresh and Spent Fuel Pool Criticality Analyses, 13762 License Amendment Request: National Aeronautics and Space Administration New York State Energy Research and Development RULES Authority, Irradiated Nuclear Fuel Processing Plant, Federal Acquisition Regulation: Western New York State Nuclear Service Center, Circular 2021–05; Introduction, 13794 13762–13766 Circular 2021–05; Small Entity Compliance Guide, Meetings: 13794–13795 Advisory Committee on Reactor Safeguards, 13766–13767 Technical Amendment, 13794 Occupational Safety and Health Administration National Capital Planning Commission NOTICES NOTICES Requests for Nominations: Comprehensive Plan for the National Capital; Amendment National Advisory Committee on Occupational Safety of Federal Elements, 13760 and Health, 13758–13759

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Postal Service See Federal Motor Carrier Safety Administration NOTICES See National Highway Traffic Safety Administration Meetings; Sunshine Act, 13768–13769 Treasury Department Presidential Documents See Foreign Assets Control Office EXECUTIVE ORDERS See Internal Revenue Service Voting Access; Promotion Efforts (EO 14019), 13623–13627 NOTICES Multiemployer Pension Plan Application To Reduce Securities and Exchange Commission Benefits, 13788–13789 RULES Amendments to the Rules of Practice; Correction, 13645 Veterans Affairs Department NOTICES NOTICES Application: Agency Information Collection Activities; Proposals, Brighthouse Life Insurance Company, et al., 13772–13776 Submissions, and Approvals: Self-Regulatory Organizations; Proposed Rule Changes: Annual Certification of Veteran Status and Veteran- Cboe Exchange, Inc., 13769–13772, 13776–13778 Relatives, 13790–13791 Financial Industry Regulatory Authority, Inc., 13780– Application for Exclusion of Children’s Income, 13791 13785 Interest Rate Reduction Refinancing Loan Worksheet, MEMX LLC, 13778–13780 13789 Nasdaq PHLX LLC, 13772 Request for Employment Information in Connection with Claim for Disability Benefits, 13791–13792 State Department Supplement to Forms (for Philippine Claims), 13789– NOTICES 13790 Convening of an Accountability Review Board to Survey of Individuals Using Their Entitlement to Investigate the Murder of an Animal and Plant Health Educational Assistance under the Educational Inspection Service Locally Employed Staff member in Assistance Programs, 13792 Tijuana, Mexico, 13785 Meetings: International Maritime Organization’s Sub-Committee on Separate Parts In This Issue Navigation, Communication, and Search and Rescue, 13785 Part II Defense Department, 13794–13795 Substance Abuse and Mental Health Services General Services Administration, 13794–13795 Administration National Aeronautics and Space Administration, 13794– NOTICES 13795 Meetings: Advisory Committee for Women’s Services, 13724–13725

Trade Representative, Office of United States Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Product Exclusion Extensions: phone numbers, online resources, finding aids, and notice China’s Acts, Policies, and Practices Related to of recently enacted public laws. Technology Transfer, Intellectual Property, and To subscribe to the Federal Register Table of Contents Innovation, 13785–13786 electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Transportation Department address, then follow the instructions to join, leave, or See Federal Aviation Administration manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 14019...... 13623 14 CFR 1...... 13629 11 (2 documents) ...... 13629, 13630 21...... 13630 39 (4 documents) ...... 13631, 13633, 13637, 13640 43...... 13630 47...... 13629 48...... 13629 71 (2 documents) ...... 13642, 13644 89...... 13629 91...... 13629 107 (2 documents) ...... 13629, 13630 Proposed Rules: 39...... 13665 71 (2 documents) ...... 13668, 13670 17 CFR 201...... 13645 24 CFR 3280...... 13645 3282...... 13645 3285...... 13645 26 CFR 1 (2 documents) ...... 13647, 13648 33 CFR 165 (3 documents) ...... 13649, 13651, 13653 40 CFR 52 (2 documents) ...... 13655, 13658 Proposed Rules: 52 (2 documents) ...... 13671, 13679 45 CFR Proposed Rules: 160...... 13683 164...... 13683 47 CFR 27...... 13659 74...... 13660 Proposed Rules: 73...... 13684 48 CFR Ch. 1 (2 documents) ...... 13794 4...... 13794 52...... 13794 49 CFR Proposed Rules: 571...... 13684

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Federal Register Presidential Documents Vol. 86, No. 45

Wednesday, March 10, 2021

Title 3— Executive Order 14019 of March 7, 2021

The President Promoting Access to Voting

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. The right to vote is the foundation of American democracy. Free and fair elections that reflect the will of the American people must be protected and defended. But many Americans, especially people of color, confront significant obstacles to exercising that fundamental right. These obstacles include difficulties with voter registration, lack of election information, and barriers to access at polling places. For generations, Black voters and other voters of color have faced discriminatory policies and other obstacles that disproportionally affect their communities. These voters remain more likely to face long lines at the polls and are disproportionately burdened by voter identification laws and limited opportunities to vote by mail. Limited access to language assistance remains a barrier for many voters. People with disabilities continue to face barriers to voting and are denied legally required accommodations in exercising their fundamental rights and the ability to vote privately and independently. Members of our military serving overseas, as well as other American citizens living abroad, also face challenges to exercising their fundamental right to vote. The Constitution and laws of the United States prohibit racial discrimination and protect the right to vote. The Voting Rights Act of 1965 and other Federal statutes implement those protections and assign the Federal Govern- ment a key role in remedying disenfranchisement and unequal access to the polls. In passing the National Voter Registration Act of 1993, the Congress found that it is the duty of Federal, State, and local governments to promote the exercise of the fundamental right to vote. Executive departments and agencies (agencies) should partner with State, local, Tribal, and territorial election officials to protect and promote the exercise of the right to vote, eliminate discrimination and other barriers to voting, and expand access to voter registration and accurate election information. It is our duty to ensure that registering to vote and the act of voting be made simple and easy for all those eligible to do so. Sec. 2. Policy. It is the policy of my Administration to promote and defend the right to vote for all Americans who are legally entitled to participate in elections. It is the responsibility of the Federal Government to expand access to, and education about, voter registration and election information, and to combat misinformation, in order to enable all eligible Americans to participate in our democracy. Sec. 3. Expanding Access to Voter Registration and Election Information. Agencies shall consider ways to expand citizens’ opportunities to register to vote and to obtain information about, and participate in, the electoral process. (a) The head of each agency shall evaluate ways in which the agency can, as appropriate and consistent with applicable law, promote voter registration and voter participation. This effort shall include consideration of: (i) ways to provide relevant information in the course of activities or services that directly engage with the public—including through agency materials, websites, online forms, social media platforms, and other points of public access—about how to register to vote, how to request a vote- by-mail ballot, and how to cast a ballot in upcoming elections;

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(ii) ways to facilitate seamless transition from agencies’ websites directly to State online voter registration systems or appropriate Federal websites, such as Vote.gov; (iii) ways to provide access to voter registration services and vote-by- mail ballot applications in the course of activities or services that directly engage with the public, including: (A) distributing voter registration and vote-by-mail ballot application forms, and providing access to applicable State online systems for individuals who can take advantage of those systems; (B) assisting applicants in completing voter registration and vote-by- mail ballot application forms in a manner consistent with all relevant State laws; and (C) soliciting and facilitating approved, nonpartisan third-party organizations and State officials to provide voter registration services on agency premises; (iv) ways to promote and expand access to multilingual voter registration and election information, and to promote equal participation in the electoral process for all eligible citizens of all backgrounds; and (v) whether, consistent with applicable law, any identity documents issued by the agency to members of the public can be issued in a form that satisfies State voter identification laws. (b) Within 200 days of the date of this order, the head of each agency shall submit to the Assistant to the President for Domestic Policy a strategic plan outlining the ways identified under this review that the agency can promote voter registration and voter participation. (c) The Administrator of the Office of Electronic Government, Office of Management and Budget, shall, consistent with applicable law, coordinate efforts across agencies to improve or modernize Federal websites and digital services that provide election and voting information to the American people, including ensuring that Federal websites are accessible to individuals with disabilities and people with limited English proficiency. As appropriate, the Administrator of the United States Digital Service may support agencies in implementing the strategic plans directed in subsection (b) of this section. Sec. 4. Acceptance of Designation Under the National Voter Registration Act. (a) This order shall supersede section 3 of Executive Order 12926 of September 12, 1994 (Implementation of the National Voter Registration Act of 1993). (b) Each agency, if requested by a State to be designated as a voter registration agency pursuant to section 7(a)(3)(B)(ii) of the National Voter Registration Act, shall, to the greatest extent practicable and consistent with applicable law, agree to such designation. If an agency declines to consent to such designation, the head of the agency shall submit to the President a written explanation for the decision. (c) The head of each agency shall evaluate where and how the agency provides services that directly engage with the public and, to the greatest extent practicable, formally notify the States in which the agency provides such services that it would agree to designation as a voter registration agency pursuant to section 7(a)(3)(B)(ii) of the National Voter Registration Act. Sec. 5. Modernizing Vote.gov. The General Services Administration (GSA) shall take steps to modernize and improve the user experience of Vote.gov. In determining how to do so, GSA shall coordinate with the Election Assist- ance Commission and other agencies as appropriate, and seek the input of affected stakeholders, including election administrators, civil rights and disability rights advocates, Tribal Nations, and nonprofit groups that study best practices for using technology to promote civic engagement. (a) GSA’s efforts to modernize and improve Vote.gov shall include:

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(i) ensuring that Vote.gov complies, at minimum, with sections 504 and 508 of the Rehabilitation Act of 1973; (ii) ensuring that Vote.gov is translated into languages spoken by any of the language groups covered under section 203 of the Voting Rights Act anywhere in the United States; and (iii) implementing relevant provisions of the 21st Century Integrated Digital Experience Act (Public Law 115–336). (b) Within 200 days of the date of this order, GSA shall submit to the Assistant to the President for Domestic Policy a strategic plan outlining the steps to modernize and improve the user experience of Vote.gov. Sec. 6. Increasing Opportunities for Employees to Vote. It is a priority of my Administration to ensure that the Federal Government, as the Nation’s largest employer, serves as a model employer by encouraging and facilitating Federal employees’ civic participation. Accordingly, the Director of the Office of Personnel Management shall take the following actions within 200 days of the date of this order: (a) coordinate with the heads of executive agencies, as defined in 5 U.S.C. 105, to provide recommendations to the President, through the Assistant to the President for Domestic Policy, on strategies to expand the Federal Government’s policy of granting employees time off to vote in Federal, State, local, Tribal, and territorial elections. Such recommendations should include efforts to ensure Federal employees have opportunities to participate in early voting. (b) Coordinate with the heads of executive agencies, as defined in 5 U.S.C. 105, to provide recommendations to the President, through the Assist- ant to the President for Domestic Policy, on strategies to better support Federal employees who wish to volunteer to serve as non-partisan poll workers or non-partisan observers, particularly during early or extended voting periods. Sec. 7. Ensuring Equal Access for Voters with Disabilities. Within 270 days of the date of this order, the National Institute of Standards and Technology (NIST) within the Department of Commerce shall evaluate the steps needed to ensure that the online Federal Voter Registration Form is accessible to people with disabilities. During that period, NIST, in consultation with the Department of Justice, the Election Assistance Commission, and other agencies, as appropriate, shall also analyze barriers to private and independent voting for people with disabilities, including access to voter registration, voting technology, voting by mail, polling locations, and poll worker training. By the end of the 270-day period, NIST shall publish recommendations regarding both the Federal Voter Registration Form and the other barriers it has identified. Sec. 8. Ensuring Access to Voting for Active Duty Military and Overseas Citizens. (a) Within 200 days of the date of this order, the Secretary of Defense shall establish procedures, consistent with applicable law, to affirma- tively offer, on an annual basis, each member of the Armed Forces on active duty the opportunity to register to vote in Federal elections, update voter registration information, or request an absentee ballot. (b) Within 200 days of the date of this order, the Secretary of Defense shall evaluate the feasibility of implementing an online system to facilitate the services described in subsection (a) of this section. (c) The Secretary of Defense, in coordination with the Department of State, the Military Postal Service Agency, and the United States Postal Service, shall take all practical steps to establish procedures to enable a comprehensive end-to-end ballot tracking system for all absentee ballots cast by military and other eligible overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301 et seq. Within 200 days of the date of this order, the Secretary of Defense shall submit a report to the Assistant to the President for Domestic Policy with a strategic plan for establishing the aforementioned tracking system.

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(d) The head of each agency with overseas employees shall designate an employee to be responsible for coordinating with the Federal Voting Assistance Program, including to promote voter registration and voting services available to the agency’s overseas employees. The Director of the Office of Management and Budget may issue guidance to assist agencies in making such designations. Sec. 9. Ensuring Access to Voter Registration for Eligible Individuals in Federal Custody. (a) The Attorney General shall establish procedures, consistent with applicable law, to provide educational materials related to voter registration and voting and, to the extent practicable, to facilitate voter registration, for all eligible individuals in the custody of the Federal Bureau of Prisons. Such educational materials shall be incorporated into the reentry planning procedures required under section 4042(a)(7) of title 18, United States Code. The educational materials should also notify individuals leaving Federal custody of the restrictions, if any, on their ability to vote under the laws of the State where the individual resides and, if any such restrictions exist, the point at which the individual’s rights will be restored under applicable State law. (b) The Attorney General shall establish procedures, consistent with applicable law, to ensure the United States Marshals Service includes language in intergovernmental agreements and jail contracts to require the jails to provide educational materials related to voter registration and voting, and to facilitate voting by mail, to the extent practicable and appropriate. (c) The Attorney General shall establish procedures, consistent with applicable law, for coordinating with the Probation and Pretrial Services Office of the Administrative Office of the United States Courts to provide educational materials related to voter registration and voting to all eligible individuals under the supervision of the Probation and Pretrial Services Office, and to facilitate voter registration and voting by such individuals. (d) The Attorney General shall take appropriate steps, consistent with applicable law, to support formerly incarcerated individuals in obtaining a means of identification that satisfies State voter identification laws, including as required by 18 U.S.C. 4042(a)(6)(B). Sec. 10. Establishing a Native American Voting Rights Steering Group. (a) There is hereby established an Interagency Steering Group on Native Amer- ican Voting Rights (Steering Group) coordinated by the Domestic Policy Council. (b) The Steering Group shall be chaired by the Assistant to the President for Domestic Policy and shall include the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs or their designees. The Chair may invite the participation of the heads or senior representatives of other agencies, as the Chair determines to be helpful to complete the work of the Steering Group. The Steering Group shall consult with agencies not represented on the Steering Group to facilitate the sharing of information and best practices, as appropriate and consistent with applicable law. (c) The Steering Group shall engage in meaningful and robust consultation with Tribal Nations and Native leaders to inform the Steering Group regarding concerns and potential areas of focus for the report described in subsection (d) of this section, and to assist the Steering Group in developing that report. (d) The Steering Group shall study best practices for protecting voting rights of Native Americans and shall produce a report within 1 year of the date of this order outlining recommendations for providing such protection, consistent with applicable law, including recommendations for: (i) increasing voter outreach, education, registration, and turnout in Native American communities; increasing voting access for Native American communities (including increasing accessibility for voters with disabilities);

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and mitigating internet accessibility issues that may hinder voter registration and ballot access in Native American communities; (ii) increasing language access and assistance for Native American voters, including evaluating existing best practices; (iii) mitigating barriers to voting for Native Americans by analyzing and providing guidance on how to facilitate the use of Tribal government identification cards as valid voter identification in Federal, State, local, Tribal, and territorial elections; (iv) facilitating collaboration among local election officials, Native Amer- ican communities, and Tribal election offices; and (v) addressing other areas identified during the consultation process. (e) The Department of the Interior shall provide administrative support for the Steering Group to the extent permitted by law. Sec. 11. Definition. Except as otherwise defined in section 6 of this order, ‘‘agency’’ means any authority of the United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). Sec. 12. General Provisions. (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, March 7, 2021.

[FR Doc. 2021–05087 Filed 3–9–21; 8:45 am] Billing code 3295–F1–P

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Rules and Regulations Federal Register Vol. 86, No. 45

Wednesday, March 10, 2021

This section of the FEDERAL REGISTER Electronic Access and Filing March 16, 2021 effective date will afford contains regulatory documents having general A copy of the Notice of Proposed the President’s appointees or designees applicability and legal effect, most of which an opportunity to review the rule and are keyed to and codified in the Code of Rulemaking (NPRM) (84 FR 72438, December 31, 2019), all comments will allow for consideration of any Federal Regulations, which is published under questions of fact, law, or policy that the 50 titles pursuant to 44 U.S.C. 1510. received, the Final Rule, and all background material may be viewed rule may raise before it becomes The Code of Federal Regulations is sold by online at http://www.regulations.gov effective. On the same day that FAA the Superintendent of Documents. using the docket number listed above. A published the ‘‘Remote Identification of copy of this notice will be placed in the Unmanned Aircraft final rule’’, FAA also published the ‘‘Operation of Small DEPARTMENT OF TRANSPORTATION docket. Electronic retrieval help and guidelines are available on the website. Unmanned Aircraft Systems Over People’’ final rule (86 FR 4314, January Federal Aviation Administration It is available 24 hours each day, 365 days each year. An electronic copy of 15, 2021). The adoption of these two this document may also be downloaded rules is inextricably connected. By 14 CFR Parts 1, 11, 47, 48, 89, 91, and separate action published elsewhere in 107 from the Office of the Federal Register’s website at http:// this issue of the Federal Register, FAA [Docket No.: FAA–2019–1100] www.federalregister.gov and the is also delaying the effective date of the Government Publishing Office’s website Operations of Small Unmanned Aircraft RIN 2120–AL31 at http://www.govinfo.gov. Systems over People final rule. Additionally, as a result of the delay Remote Identification of Unmanned Background in the effective date, the March 16, 2021 Aircraft; Delay On January 15, 2021, the final rule, compliance date in § 89.520 for production requirements for remote AGENCY: Federal Aviation ‘‘Remote Identification of Unmanned Administration (FAA), U.S. Department Aircraft’’ (RIN 2120–AL31) published in identification broadcast modules is of Transportation (DOT). the Federal Register at 86 FR 4390. The delayed until April 21, 2021. final rule requires the remote ACTION: Final rule; delay of effective and Waiver of Rulemaking and Delayed identification of unmanned aircraft. The compliance date; correction. Effective Date remote identification of unmanned SUMMARY: In accordance with the aircraft in the airspace of the United Under the Administrative Procedure memorandum of January 20, 2021, from States will address safety, national Act (APA) (5 U.S.C. 553), the Federal the Assistant to the President and Chief security, and law enforcement concerns Aviation Administration generally offers of Staff, titled ‘‘Regulatory Freeze regarding the further integration of these interested parties the opportunity to Pending Review,’’ the Agency delays the aircraft into the airspace of the United comment on proposed regulations and March 16, 2021, effective date of the States, laying a foundation for enabling publish rules not less than 30 days final rule, ‘‘Remote Identification of operational capabilities. before their effective dates. However, Unmanned Aircraft’’, until April 21, On January 20, 2021, the Assistant to the APA provides that an agency is not 2021. As a result of the delay in the the President and Chief of Staff issued required to conduct notice-and- effective date, the Agency is also a memorandum titled, ‘‘Regulatory comment rulemaking or delay effective delaying the compliance date for the Freeze Pending Review.’’ The dates when the agency, for good cause, production requirements for remote memorandum requested that the heads finds that the requirement is identification broadcast modules by of executive departments and agencies impracticable, unnecessary, or contrary correcting the regulatory text. take steps to ensure the President’s to the public interest. 5 U.S.C. 553(b)(B) appointees or designees have the and (d)(3). There is good cause to waive DATES: As of March 10, 2021, the March opportunity to review any new or both of these requirements here, as they 16, 2021, the effective date of the final pending rules. With respect to rules are impracticable and unnecessary. A rule published on January 15, 2021, at published in the Federal Register, but delay in the effective date of the final 86 FR 4390, is delayed to April 21, not yet effective, the memorandum rule, Remote Identification of 2021. asked that agencies consider postponing Unmanned Aircraft, is essential for the The incorporation by reference the rules’ effective dates for 60 days President’s appointees and designees to approval published in the January 15, from the date of the memorandum for have adequate time to review the rule 2021, rule at 86 FR 4390, is delayed to the purpose of reviewing any questions before it takes effect, and neither the April 21, 2021. of fact, law, and policy the rules may notice and comment process nor the The correction to § 89.520 is effective raise. delayed effective date could be April 21, 2021. In accordance with this direction, the implemented in time to allow for this FOR FURTHER INFORMATION CONTACT: Ben Agency has decided to delay the March review, thereby making notice and Walsh, Flight Technologies and 16, 2021, effective date of the final rule, comment impracticable. In addition, Procedures Division, Federal Aviation Remote Identification of Unmanned notice and comment on this delay is Administration, 470 L’Enfant Plaza SW, Aircraft (RIN 2120–AL31), until April unnecessary because the delay is short, Suite 4102, Washington, DC 20024; 21, 2021. Given the highly complex the effective dates remain aligned with telephone 1–844–FLY–MY–UA (1–844– nature and length of Remote the Operation of Small Unmanned 359–6981); email: [email protected]. Identification of Unmanned Aircraft Aircraft Systems over People final rule, SUPPLEMENTARY INFORMATION: final rule, this delay in the final rule’s and there is no change to the policy

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effectuated by the Remote Identification 15, 2021), which was delayed at 86 FR not yet effective, the memorandum of Unmanned Aircraft final rule. This 11623 (February 26, 2021), is further asked that agencies consider postponing delay is insignificant in its nature and delayed to April 6, 2021. the rules’ effective dates for 60 days impact, and inconsequential to the As of March 10, 2021, the March 16, from the date of the memorandum for regulated community and to the public. 2021 effective date of the final rule the purpose of reviewing any questions published at 86 FR 4314 (January 15, of fact, law, and policy the rules may Correction 2021) is delayed to April 21, 2021. raise. In FR Doc. 2020–28948 (86 FR 4390) The corrections published at 86 FR In accordance with this direction, the published on January 15, 2021, the 11623 (February 26, 2021) are Agency previously decided to delay the following correction is made: withdrawn as of March 10, 2021. effective dates of the amendments to The correction to § 107.65 is effective §§ 107.61, 107.63, 107.65, 107.73 and § 89.520 [Corrected] April 6, 2021. 107.74 of the final rule, ‘‘Operation of ■ 1. On page 4509, in the third column, The corrections to §§ 107.29 and Small Unmanned Aircraft Systems Over in § 89.520, in the introductory text, the 107.140 are effective April 21, 2021. People’’ (RIN 2120–AK85), until March date ‘‘March 16, 2021’’ is corrected to FOR FURTHER INFORMATION CONTACT: 16, 2021 (FR Doc. 2021–04093, 86 FR read ‘‘April 21, 2021’’. Michael Machnik, General Aviation and 11623, published on February 26, 2021). Given that the ‘‘Operation of Small Issued in Washington, DC, under the Commercial Division, Flight Standards authority provided by 49 U.S.C. 106(f), Service, Federal Aviation Unmanned Aircraft Systems Over 40101, 40103, 44701(a)(5), 44805, 44809, and Administration, 55 M Street SE, 8th People’’ final rule is a complex and section 2202 of Public Law 114–190, dated Floor, Washington, DC 20003; telephone lengthy rulemaking, the Agency decided on March 4, 2021. 1–844–FLY–MYUA; email: UASHelp@ to further delay the effective dates of the Steve Dickson, faa.gov. amendments to §§ 107.61, 107.63, Administrator, Federal Aviation 107.65, 107.73 and 107.74 until April, 6, SUPPLEMENTARY INFORMATION: Administration. 2021, and to delay until April 21, 2021, [FR Doc. 2021–04882 Filed 3–8–21; 8:45 am] Electronic Access and Filing the effective date for the remainder of this final rule. The delay in the rule’s BILLING CODE 4910–13–P A copy of the notice of proposed effective dates will afford the rulemaking (NPRM) (84 FR 3856, Feb. President’s appointees or designees an 13, 2019), all comments received, the DEPARTMENT OF TRANSPORTATION opportunity to review the rule and will Final Rule, and all background material allow for consideration of any questions Federal Aviation Administration may be viewed online at http:// of fact, law, or policy that the rule may www.regulations.gov using the docket raise before it becomes effective. 14 CFR Parts 11, 21, 43, and 107 number listed above. A copy of this On the same day that FAA published final rule will also be placed in the the ‘‘Operation of Small Unmanned [Docket No. FAA–2018–1087] docket. Electronic retrieval help and Aircraft Systems Over People’’ final RIN 2120–AK85 guidelines are available on the website. rule, FAA also published a final rule It is available 24 hours each day, 365 concerning remote identification of Operation of Small Unmanned Aircraft days each year. An electronic copy of small unmanned aircraft. The adoption Systems Over People; Delay; this document may also be downloaded of these two rules is inextricably Withdrawal; Correction from the Office of the Federal Register’s connected. By separate action published website at www.federalregister.gov and elsewhere in this issue of the Federal AGENCY: Federal Aviation the Government Publishing Office’s Register, FAA is also delaying the Administration (FAA) and Office of the website at www.govinfo.gov. effective date of the remote Secretary of Transportation (OST), U.S. Background identification final rule. Department of Transportation (DOT). Additionally, as a result of the delay ACTION: Final rule; delay of effective and On January 15, 2021, the ‘‘Operation in the effective dates, several corrections compliance dates; withdrawal; of Small Unmanned Aircraft Systems are necessary. Some of the compliance correction. Over People’’ final rule (RIN 2120– dates for § 107.29(a)(1) and (d) regarding AK85) published in the Federal Register the operation of a small unmanned SUMMARY: In accordance with the at 86 FR 4314. The final rule permits aircraft system at night must be memorandum of January 20, 2021, from routine operations of small unmanned corrected so that they do not precede the Assistant to the President and Chief aircraft over people, moving vehicles, the new effective date. Similarly, a of Staff, titled ‘‘Regulatory Freeze and at night under certain conditions. correction to § 107.65(d) regarding the Pending Review,’’ the Agency delays the The final rule also makes changes to the timing of passing the recurrent effective date of the final rule, recurrent testing framework and aeronautical knowledge test or ‘‘Operation of Small Unmanned Aircraft expands the list of persons who may satisfying training requirements must Systems Over People’’, until April 21, request the presentation of a remote also be made to conform to the delayed 2021, except for certain provisions pilot certificate. effective date. pertaining to remote pilot certification On January 20, 2021, the Assistant to Lastly, this document corrects a and qualification, which are delayed the President and Chief of Staff issued drafting error in § 107.140(d). Section until April 6, 2021. As a result of the a memorandum titled, ‘‘Regulatory 107.140(d) should refer to paragraph delay in the effective dates, several Freeze Pending Review.’’ The (b)(3) of § 107.140, rather than compliance dates are also delayed by memorandum requested that the heads paragraph (b)(4). Paragraph (b)(4) does correcting the regulatory text. of executive departments and agencies not exist. DATES: As of March 10, 2021, the March (agencies) take steps to ensure that the 1, 2021 effective date for the President’s appointees or designees Waiver of Rulemaking and Delayed amendments to §§ 107.61, 107.63, have the opportunity to review any new Effective Date 107.65, 107.73, and 107.74 in the final or pending rules. With respect to rules Under the Administrative Procedure rule published at 86 FR 4314 (January published in the Federal Register, but Act (APA) (5 U.S.C. 553), the Agency

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generally offers interested parties the note and 44807, dated on or about March 4, availability of this material at the FAA, opportunity to comment on proposed 2021. call 817–222–5110. It is also available at regulations and publish rules not less Peter Paul Montgomery Buttigieg, https://www.regulations.gov by than 30 days before their effective dates. Secretary, Department of Transportation. searching for and locating Docket No. However, the APA provides that an Steve Dickson, FAA–2020–0791. agency is not required to conduct Administrator, Federal Aviation Examining the AD Docket notice-and-comment rulemaking or Administration. delay effective dates when the agency, [FR Doc. 2021–04881 Filed 3–8–21; 8:45 am] You may examine the AD docket at for good cause, finds that the BILLING CODE 4910–13–P https://www.regulations.gov by requirement is impracticable, searching for and locating Docket No. unnecessary, or contrary to the public FAA–2020–0791; or in person at Docket interest (5 U.S.C. 553(b)(B) and (d)(3)). DEPARTMENT OF TRANSPORTATION Operations between 9 a.m. and 5 p.m., There is good cause to waive both of Monday through Friday, except Federal these requirements here as they are Federal Aviation Administration holidays. The AD docket contains this impracticable and unnecessary. A delay final rule, any comments received, and in the effective dates of the final rule, 14 CFR Part 39 other information. The address for ‘‘Operation of Small Unmanned Aircraft [Docket No. FAA–2020–0791; Project Docket Operations is U.S. Department of Systems Over People’’, is essential for Identifier AD–2020–00676–R; Amendment Transportation, Docket Operations, M– the President’s appointees and 39–21438; AD 2021–04–16] 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, designees to have adequate time to RIN 2120–AA64 review the rule before it takes effect, and Washington, DC 20590. neither the notice and comment process Airworthiness Directives; Sikorsky FOR FURTHER INFORMATION CONTACT: nor the delayed effective date could be Aircraft Corporation Helicopters Dorie Resnik, Aerospace Engineer, implemented in time to allow for this Boston ACO Branch, FAA, 1200 District review, thereby making notice and AGENCY: Federal Aviation Avenue, Burlington, MA 01803; phone: comment impracticable. In addition, Administration (FAA), DOT. 781–238–7693; fax: 781–238–7199; notice and comment on this delay is ACTION: Final rule. email: [email protected]. unnecessary because the delay is short, SUMMARY: SUPPLEMENTARY INFORMATION: the effective dates remain aligned with The FAA is adopting a new the ‘‘Remote Identification of airworthiness directive (AD) for certain Background Sikorsky Aircraft Corporation (Sikorsky) Unmanned Aircraft’’ final rule, and The FAA issued a notice of proposed there is no change to the policy Model S–92A helicopters. This AD was prompted by the manufacturer rulemaking (NPRM) to amend 14 CFR effectuated by the ‘‘Operation of Small discovering nonconforming threads, part 39 by adding an AD that would Unmanned Aircraft Systems over resulting in a life limit reduction on apply to certain Sikorsky Model S–92A People’’ final rule. This delay is multiple landing gear components helicopters, with serial numbers (S/Ns) insignificant in its nature and impact, including threaded hinge pins and main 920006 through 920334, inclusive. The and inconsequential to the regulated landing gear (MLG) and nose landing NPRM published in the Federal community and to the public. gear (NLG) actuator pins. This AD Register on September 8, 2020 (85 FR Corrections requires a one-time inspection of the 55388). The NPRM was prompted by the landing gear for components with non- manufacturer discovering non- In FR Doc. 2020–28947 (86 FR 4314) conforming threads and removal of any conforming threads, resulting in a life published on January 15, 2021, the nonconforming threaded hinge pin and limit reduction on multiple landing gear following corrections are made: MLG and NLG actuator pin. The FAA is components including threaded hinge issuing this AD to address the unsafe pins and MLG and NLG actuator pins. § 107.29 [Corrected] condition on these products. In the NPRM, the FAA proposed to ■ 1. As of April 21, 2021, on page 4382, DATES: This AD is effective April 14, require a one-time inspection of the in the second column, in § 107.29, in 2021. landing gear and the removal from paragraph (a)(1), the date ‘‘March 1, The Director of the Federal Register service of certain serial-numbered 2021’’ is corrected to read ‘‘April 6, approved the incorporation by reference threaded hinge pins part number (P/N) 2021’’, and in paragraph (d), the date of a certain publication listed in this AD 92250–12281–101 and certain serial- ‘‘March 16, 2021’’ is corrected to read as of April 14, 2021. numbered MLG and NLG actuator pins P/N 92250–12287–101 and 92250– ‘‘April 21, 2021’’ everywhere it appears. ADDRESSES: For service information 12287–103. The FAA is issuing this AD identified in this final rule, contact § 107.65 [Corrected] to address the unsafe condition on these Sikorsky Aircraft Corporation, products. ■ 2. As of April 6, 2021, on page 4383, Commercial Systems and Services, 124 in the first column, in § 107.65, in Quarry Road, Trumbull, CT 06611, Discussion of Final AD paragraph (d), the date ‘‘March 1, 2021’’ United States; phone: 203–416–4000; _ Comments is corrected to read ‘‘April 6, 2021’’. email: product [email protected]. Operators may also log on to the The FAA received comments from § 107.140 [Corrected] Sikorsky 360 website at website: https:// three commenters. The following www.sikorsky360.com/portal/public/ presents the comments received on the ■ 3. As of April 21, 2021, on page 4385, index.html#!/welcome. You may view NPRM and the FAA’s response to each in the second column, in § 107.140, in this service information at the FAA, comment. paragraph (d), remove ‘‘(b)(4)’’ and add Office of the Regional Counsel, Support for the NPRM in its place ‘‘(b)(3)’’. Southwest Region, 10101 Hillwood Issued in Washington, DC, under the Pkwy., Room 6N–321, Fort Worth, TX An individual commenter supported authority provided by 49 U.S.C. 106(f), 40101 76177. For information on the the NPRM.

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Comment Not Relevant to the NPRM final rule with the changes described actuator pins. The ASB requires An individual commenter submitted previously. These changes are replacement of additional parts, such as information that was not relevant to the consistent with the intent of the the MLG and NLG crossbolt and the NPRM. proposals in the NPRM. The FAA also MLG and NLG upper nut. The FAA has determined that these changes will not determined that the MLG and NLG Request for the FAA To Change the Cost increase the scope of this AD. crossbolt and the MLG and NLG upper of Compliance of the AD Related Service Information Under 1 nut fail in a safe and contained manner Request: Sikorsky requested the FAA CFR Part 51 and therefore are not subject to this AD. revise the On-Condition Costs table. In addition, this AD requires the one- Sikorsky stated the parts cost for P/N The FAA reviewed Sikorsky Aircraft 92250–12281–101 should be revised to Corporation Alert Service Bulletin 92– time inspection within 300 hours time $4,535. 32–008, Basic Issue, dated January 21, in service after the effective date of this FAA Response: The FAA agrees. The 2020 (the ASB). The ASB describes AD and any affected hinge pins and FAA obtained the cost information procedures for a one-time inspection MLG and NLG actuator pins be removed provided in the NPRM from Sikorsky’s and replacement of non-conforming from service before further flight. The website at www.sikorsky360.com. components on the MLG and NLG. This ASB requires that the inspection and However, as Sikorsky has indicated that service information is reasonably replacement of the affected hinge pins the price of the part has increased, the available because the interested parties and MLG and NLG actuator pins occur cost information in this final rule is have access to it through their normal no later than January 21, 2021. updated accordingly. course of business or by the means identified in the ADDRESSES section. Costs of Compliance Conclusion The FAA estimates that this AD The FAA reviewed the relevant data, Differences Between This AD and the considered any comments received, and Service Information affects 85 helicopters of U.S. registry. determined that air safety and the This AD requires replacement of only The FAA estimates the following costs public interest require adopting this affected hinge pins and MLG and NLG to comply with this AD:

ESTIMATED COSTS

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

Visually inspect landing gear (right 1 work-hour × $85 per hour = $85 $0 $255 (three landing gear installed $21,675 MLG assembly, left MLG assem- (per landing gear). on each helicopter). bly, and NLG kit).

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

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replace threaded hinge pin, P/N 92250–12281–101 .. 1 work-hour × $85 per hour = $85 ...... $4,535 $4,620 Replace MLG/NLG actuator pin, P/N 92250–12287– 1 work-hour × $85 = $85 ...... 557 642 101. Replace MLG/NLG actuator pin, P/N 92250–12287– 1 work-hour × $85 = $85 ...... 609 694 103.

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

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(3) Will not have a significant MLG assembly, and NLG kit for threaded (2) You must use this service information economic impact, positive or negative, hinge pins, part number (P/N) 92250–12281– as applicable to do the actions required by on a substantial number of small entities 101, and actuator pins, P/N 92240–12287– this AD, unless the AD specifies otherwise. under the criteria of the Regulatory 101 and 92240–12287–103, with serial (i) Sikorsky Aircraft Corporation Alert Service Bulletin 92–32–008, Basic Issue, Flexibility Act. numbers (S/Ns) identified in Table 1 or 2 (threaded hinge pins) or in Table 1 (actuator dated January 21, 2020. List of Subjects in 14 CFR Part 39 pins), in Section 3, the Accomplishment (ii) [Reserved] Instructions, in the Sikorsky Aircraft (3) For Sikorsky service information Air transportation, Aircraft, Aviation Corporation Alert Service Bulletin (ASB) 92– identified in this AD, contact Sikorsky safety, Incorporation by reference, 32–008, Basic Issue, dated January 21, 2020 Aircraft Corporation, Commercial Systems Safety. (the ASB). and Services, 124 Quarry Road, Trumbull, CT 06611; phone: 203–416–4000; email: The Amendment Note 1 to the introductory text of _ paragraph (g): See Figures 1 and 2 in Section product [email protected]. Operators Accordingly, under the authority 3, the Accomplishment Instructions, in the may also log on to the Sikorsky 360 website delegated to me by the Administrator, ASB for guidance on performing the visual at: https://customerportal.sikorsky.com. the FAA amends 14 CFR part 39 as inspection. (4) You may view this service information follows: at the FAA, Office of the Regional Counsel, (1) If there is any threaded hinge pin, P/ Southwest Region, 10101 Hillwood Pkwy., N 92250–12281–101, with an S/N listed in Room 6N–321, Fort Worth, TX 76177. For PART 39—AIRWORTHINESS Table 1 or 2 in the ASB, before further flight, DIRECTIVES information on the availability of this remove the threaded hinge pin from service. material at the FAA, call 817–222–5110. (2) If there is any MLG or NLG actuator ■ (5) You may view this service information 1. The authority citation for part 39 pin, P/N 92250–12287–101 or P/N 92250– continues to read as follows: that is incorporated by reference at the 12287–103, with an S/N listed in Table 1 in National Archives and Records Authority: 49 U.S.C. 106(g), 40113, 44701. the ASB, before further flight, remove the Administration (NARA). For information on actuator pin from service. the availability of this material at NARA, § 39.13 [Amended] (h) Installation Prohibition email: [email protected], or go to: ■ 2. The FAA amends § 39.13 by adding https://www.archives.gov/federal-register/cfr/ As of the effective date of this AD, do not ibr-locations.html. the following new airworthiness install any threaded hinge pin, P/N 92250– directive: 12281–101, or actuator pin, P/N 92240– Issued on February 9, 2021. 2021–04–16 Amendment 39–21438; Docket 12287–101 or 92240–12287–103, with an S/ Gaetano A. Sciortino, No. FAA–2020–0791; Project Identifier N listed in Table 1 or 2 in Section 3, the Deputy Director for Strategic Initiatives, AD–2020–00676–R. Accomplishment Instructions, in the ASB, on Compliance & Airworthiness Division, any helicopter. Aircraft Certification Service. (a) Effective Date [FR Doc. 2021–04940 Filed 3–9–21; 8:45 am] This airworthiness directive (AD) is (i) Alternative Methods of Compliance effective April 14, 2021. (AMOCs) BILLING CODE 4910–13–P (1) The Manager, Boston ACO Branch, (b) Affected ADs FAA, has the authority to approve AMOCs None. for this AD, if requested using the procedures DEPARTMENT OF TRANSPORTATION (c) Applicability found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your Federal Aviation Administration This AD applies to Sikorsky Aircraft principal inspector or local Flight Standards Corporation (Sikorsky) Model S–92A District Office, as appropriate. If sending 14 CFR Part 39 helicopters, certificated in any category, with information directly to the manager of the serial numbers (S/Ns) 920006 through certification office, send it to the attention of [Docket No. FAA–2020–0847; Product 920334 inclusive. the person identified in paragraph (j)(1) of Identifier 2018–SW–087–AD; Amendment 39–21434; AD 2021–04–13] (d) Subject this AD. (2) Before using any approved AMOC, Joint Aircraft System Component (JASC) RIN 2120–AA64 notify your appropriate principal inspector, Code 3220, Nose/Tail Landing Gear; 3210, Main Landing Gear. or lacking a principal inspector, the manager Airworthiness Directives; Airbus of the local flight standards district office/ Helicopters (e) Unsafe Condition certificate holding district office. AGENCY: Federal Aviation This AD was prompted by the (j) Related Information manufacturer determining that because of Administration (FAA), DOT. For more information about this AD, non-conforming threads, due to a quality ACTION: Final rule. escape, the life limit of the threaded hinge contact Dorie Resnik, Aerospace Engineer, pin and main landing gear (MLG) and nose Boston ACO Branch, Compliance & SUMMARY: The FAA is adopting a new Airworthiness Division, FAA, 1200 District landing gear (NLG) actuator pins is reduced. airworthiness directive (AD) for all The FAA is issuing this AD to prevent failure Avenue, Burlington, MA 01803; phone: 781– 238–7693; fax: 781–238–7199; email: Airbus Helicopters Model AS350B, of components on the MLG and NLG. The AS350BA, AS350B1, AS350B2, unsafe condition, if not addressed, could [email protected]. You may view the result in damage to the helicopter and related service information at the FAA, Office AS350B3, and AS350D helicopters; reduced ability to control the helicopter of the Regional Counsel, Southwest Region, Model AS355E, AS355F, AS355F1, during landing. 10101 Hillwood Pkwy., Room 6N–321, Fort AS355F2, AS355N, and AS355NP Worth, TX 76177. For information on the helicopters; and Model EC130 B4 and (f) Compliance availability of this material at the FAA, call EC130 T2 helicopters. This AD requires Comply with this AD within the 817–222–5110. a one-time inspection to verify the compliance times specified, unless already (k) Material Incorporated by Reference presence and correct installation of the done. (1) The Director of the Federal Register main rotor mast (MRM) upper bearing (g) Required Actions approved the incorporation by reference retaining rings, a repetitive inspection of Within 300 hours time in service after the (IBR) of the service information listed in this the sealant bead on the MRM for effective date of this AD, visually inspect the paragraph under 5 U.S.C. 552(a) and 1 CFR damage, and corrective actions if components of the right MLG assembly, left part 51. necessary. This AD was prompted by a

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report of a missing retaining ring of the NPRM published in the Federal (sealant bead) should be accomplished inner race of the MRM upper bearing. Register on September 21, 2020 (85 FR to ensure the MRM remains serviceable. The actions of this AD are intended to 59217). The NPRM proposed to require EASA considers its AD an interim address an unsafe condition on these a one-time inspection to verify the measure pending further investigation products. presence and correct installation of the results, and notes that further AD action DATES: This AD is effective April 14, MRM upper bearing retaining rings, a may follow. repetitive inspection of the sealant bead 2021. Comments The Director of the Federal Register on the MRM for damage, and corrective actions if necessary. The proposed approved the incorporation by reference The FAA gave the public the requirements were intended to detect, of certain documents listed in this AD opportunity to participate in developing and correct if applicable, a missing as of April 14, 2021. this final rule. The FAA received 4 retaining ring of the inner race of the ADDRESSES: For service information MRM upper bearing. The FAA is issuing comments in support of the NPRM. identified in this final rule, contact this AD to address this condition, Airbus Helicopters, 2701 N Forum FAA’s Determination which, if not detected and corrected, Drive, Grand Prairie, TX 75052; can lead to damage to the MRM and These helicopters have been approved telephone 972–641–0000 or 800–232– surrounding elements, possibly by EASA and are approved for operation 0323; fax 972–641–3775; or at https:// resulting in loss of control of the in the United States. Pursuant to the www.airbus.com/helicopters/services/ helicopter. FAA’s bilateral agreement with the technical-support.html. You may view The NPRM was prompted by EASA European Union, EASA has notified the the referenced service information at the AD 2018–0206, dated September 20, FAA about the unsafe condition FAA, Office of the Regional Counsel, 2018 (EASA AD 2018–0206), issued by described in its AD. The FAA is issuing Southwest Region, 10101 Hillwood EASA, which is the Technical Agent for this AD after evaluating all of the Pkwy., Room 6N–321, Fort Worth, TX the Member States of the European information provided by EASA and 76177. It is also available on the internet Union, to correct an unsafe condition at https://www.regulations.gov by determining the unsafe condition exists for certain Airbus Helicopters Model and is likely to exist or develop on other searching for and locating Docket No. AS350B, AS350BA, AS350BB, FAA–2020–0847. helicopters of the same type design and AS350B1, AS350B2, AS350B3, and that air safety and the public interest Examining the AD Docket AS350D helicopters; Model AS355E, require adopting the AD requirements as AS355F, AS355F1, AS355F2, AS355N, You may examine the AD docket on proposed. and AS355NP helicopters; and Model the internet at https:// EC130 B4 and EC130 T2 helicopters. Differences Between This AD and the www.regulations.gov by searching for Model AS355BB helicopters are not EASA AD and locating Docket No. FAA–2020– certificated by the FAA and are not 0847; or in person at Docket Operations included on the U.S. type certificate Although EASA AD 2018–0206 between 9 a.m. and 5 p.m., Monday data sheet; this AD therefore does not specifies accomplishing the inspection through Friday, except Federal holidays. include those helicopters in the of the installation of the MRM upper The AD docket contains this AD, the applicability. EASA advises that during bearing inner race retaining rings within European Aviation Safety Agency (now a scheduled inspection on an Airbus 660 hours time in service (TIS) or 24 European Union Aviation Safety Helicopters Model AS350B3 helicopter, months, whichever occurs first, the FAA Agency) (EASA) AD, any service one of the two retaining rings of the has determined that interval does not information that is incorporated by inner race of the MRM upper bearing address the identified unsafe condition reference, any comments received, and was found missing. These two retaining soon enough to ensure an adequate level other information. The street address for rings ensure that the inner race is of safety for the affected fleet. In Docket Operations is U.S. Department of correctly positioned with respect to the developing an appropriate compliance Transportation, Docket Operations, M– rollers, and, if one or both of these time for this AD, the FAA considered 30, West Building Ground Floor, Room retaining rings are missing, it can lead the degree of urgency associated with W12–140, 1200 New Jersey Avenue SE, to an unlimited shift of the inner race the subject unsafe condition and the Washington, DC 20590. and compromise the function of the manufacturer’s recommendation. In FOR FURTHER INFORMATION CONTACT: MRM upper bearing. This condition, if light of all of these factors, the FAA Scott Franke, Aviation Safety Engineer, not detected and corrected, can lead to finds that a compliance time of within General Aviation & Rotorcraft Section, damage to the MRM and surrounding 660 hours TIS or 6 months, whichever International Validation Branch, FAA, elements, possibly resulting in loss of occurs first, represents an appropriate 10101 Hillwood Pkwy., Fort Worth, TX control of the helicopter. interval of time for affected helicopters 76177; telephone 817–222–5110; email Airbus Helicopters developed an to continue to operate without [email protected]. inspection to check that the upper and compromising safety. SUPPLEMENTARY INFORMATION: lower retaining rings of the inner race of the MRM upper bearing are present and Although paragraph (5) of EASA AD Discussion correctly installed. EASA determined 2018–0206 specifies that operators may The FAA issued a notice of proposed that the same condition may exist or contact the manufacturer for rulemaking (NPRM) to amend 14 CFR develop on Airbus Helicopters Model instructions if there are signs of part 39 by adding an AD that would AS350 helicopters, Model AS355 degradation on the MRM inner race, apply to all Airbus Helicopters Model helicopters, and Model EC130 paragraph (i)(3) of this AD requires AS350B, AS350BA, AS350B1, helicopters because they share a similar operators to repair or replace the MRM AS350B2, AS350B3, and AS350D design and supply chain. Until the if there is any degradation as indicated helicopters; Model AS355E, AS355F, check of the upper and lower bearing by damage to the retaining rings AS355F1, AS355F2, AS355N, and retaining rings is accomplished, EASA (including but not limited to cracks, AS355NP helicopters; and Model EC130 specifies that repetitive inspections of scratches, and gouges), deterioration, or B4 and EC130 T2 helicopters. The the MRM upper bearing sealant bead wear.

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Related Service Information Under 1 This service information describes This service information is reasonably CFR Part 51 procedures for a one-time inspection to available because the interested parties Airbus Helicopters has issued the verify presence and correct installation have access to it through their normal following service information. of the MRM upper bearing retaining course of business or by the means • Airbus Helicopters Alert Service rings, a repetitive inspection of the identified in the ADDRESSES section. Bulletin AS350–62.00.42, Revision 0, sealant bead on the MRM for damage, Costs of Compliance dated September 17, 2018. and corrective actions. Damage of the • sealant bead includes flaws, cracks, Airbus Helicopters Alert Service The FAA estimates that this AD folds, separation, or absence of the Bulletin AS355–62.00.37, Revision 0, affects 1,212 helicopters of U.S. registry. sealant bead. Corrective actions include dated September 17, 2018. The FAA estimates the following costs • Airbus Helicopters Alert Service repair and replacement. These Bulletin EC130–62A017, Revision 0, documents are distinct since they apply to comply with this AD: dated September 17, 2018. to different helicopter models.

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Up to 30 work-hours × $85 per hour = Up to $2,550 ...... $0 Up to $2,550 ...... Up to $3,090,600.

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

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per product

Up to 80 work-hours × $85 per hour = Up to $6,800 ...... Up to $33,124 ...... Up to $39,924.

Authority for This Rulemaking For the reasons discussed above, I FAA–2020–0847; Product Identifier certify that this AD: 2018–SW–087–AD. Title 49 of the United States Code (1) Is not a ‘‘significant regulatory (a) Effective Date specifies the FAA’s authority to issue action’’ under Executive Order 12866, rules on aviation safety. Subtitle I, This Airworthiness Directive (AD) becomes (2) Will not affect intrastate aviation effective April 14, 2021. section 106, describes the authority of in Alaska, and the FAA Administrator. Subtitle VII: (3) Will not have a significant (b) Affected ADs Aviation Programs, describes in more economic impact, positive or negative, None. detail the scope of the Agency’s on a substantial number of small entities (c) Applicability authority. under the criteria of the Regulatory The FAA is issuing this rulemaking This AD applies to all Airbus Helicopters, Flexibility Act. certificated in any category, as identified in under the authority described in List of Subjects in 14 CFR Part 39 paragraphs (c)(1) through (3) of this AD. Subtitle VII, Part A, Subpart III, Section (1) Model AS350B, AS350BA, AS350B1, 44701: General requirements. Under Air transportation, Aircraft, Aviation AS350B2, AS350B3, and AS350D that section, Congress charges the FAA safety, Incorporation by reference, helicopters. with promoting safe flight of civil Safety. (2) Model AS355E, AS355F, AS355F1, aircraft in air commerce by prescribing AS355F2, AS355N, and AS355NP regulations for practices, methods, and Adoption of the Amendment helicopters. procedures the Administrator finds Accordingly, under the authority (3) Model EC130 B4 and EC130 T2 helicopters. necessary for safety in air commerce. delegated to me by the Administrator, This regulation is within the scope of the FAA amends 14 CFR part 39 as (d) Subject that authority because it addresses an follows: Joint Aircraft Service Component (JASC) unsafe condition that is likely to exist or Code 6230, Main Rotor Mast Inner Race develop on helicopters identified in this PART 39—AIRWORTHINESS Rings. DIRECTIVES rulemaking action. (e) Reason Regulatory Findings ■ 1. The authority citation for part 39 This AD was prompted by a report of a continues to read as follows: missing retaining ring of the inner race of the This AD will not have federalism main rotor mast (MRM) upper bearing. The implications under Executive Order Authority: 49 U.S.C. 106(g), 40113, 44701. FAA is issuing this AD to address this condition, which, if not detected and 13132. This AD will not have a § 39.13 [Amended] substantial direct effect on the States, on corrected, can lead to damage to the MRM the relationship between the national ■ 2. The FAA amends § 39.13 by adding and surrounding elements, possibly resulting in loss of control of the helicopter. government and the States, or on the the following new airworthiness distribution of power and directive. (f) Compliance responsibilities among the various 2021–04–13 Airbus Helicopters: You are responsible for performing each levels of government. Amendment 39–21434; Docket No. action required by this AD within the

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specified compliance time unless it has unless the upper bearing inner race retaining service (TIS): Inspect the MRM upper bearing already been accomplished prior to that time. rings are verified to be installed correctly as sealant bead for damage in accordance with specified in the inspection required in section 3.B.2.a of the Accomplishment (g) Definitions paragraph (i)(1) of this AD. Instructions of Airbus Helicopters Alert (1) For the purposes of this AD, an affected (2) For the purposes of this AD, a Group Service Bulletin AS350–62.00.42, Revision 0, part is any MRM having part number (P/N) 1 helicopter is one on which an affected part dated September 17, 2018; Airbus 350A37–1290–XX (where XX can be any is installed. Helicopters Alert Service Bulletin AS355– numerical combination) and a serial number (3) For the purposes of this AD, a Group 62.00.37, Revision 0, dated September 17, as listed in Airbus Helicopters Alert Service 2 helicopter is one on which an affected part 2018; or Airbus Helicopters Alert Service Bulletin AS350–62.00.42, Revision 0, dated is not installed. Bulletin EC130–62A017, Revision 0, dated September 17, 2018; Airbus Helicopters Alert September 17, 2018, as applicable to your Service Bulletin AS355–62.00.37, Revision 0, (h) MRM Upper Sealant Bead Inspection model helicopter, except you are not required dated September 17, 2018; or Airbus (1) For Group 1 helicopters, within the to discard the plastic clamps (Item vv). For Helicopters Alert Service Bulletin EC130– compliance time specified in Figure 1 to the purposes of this inspection, damage may 62A017, Revision 0, dated September 17, paragraph (h) of this AD, and, thereafter, at be indicated by flaws, cracks, folds, 2018, as applicable to your model helicopter, intervals not to exceed 165 hours time-in- separation, or absence of the sealant bead.

Note 1 to paragraph (h)(1): Unless 3.B.2.c of Airbus Helicopters Alert Service Validation Branch, General Aviation & specified otherwise, the hours TIS specified Bulletin AS350 62.00.42, Revision 0, dated Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., in figure 1 to paragraph (h) of this AD are September 17, 2018; Airbus Helicopters Alert Fort Worth, TX 76177; telephone 817–222– those accumulated on the effective date of Service Bulletin AS355–62.00.37, Revision 0, 5110; email [email protected]. this AD by the helicopter since first flight. dated September 17, 2018; or Airbus (2) For operations conducted under a 14 (2) If, during any inspection of the MRM Helicopters Alert Service Bulletin EC130– CFR part 119 operating certificate or under upper bearing sealant bead as required by 62A017, Revision 0, dated September 17, 14 CFR part 91, subpart K, notify your paragraph (h)(1) of this AD, there is damage, 2018, as applicable to you model helicopter, principal inspector or lacking a principal before further flight, inspect the installation except you are not required to return parts to inspector, the manager of the local flight of the MRM upper bearing inner race Airbus Helicopters. For the purposes of this standards district office or certificate holding retaining rings for discrepancies in inspection, degradation is indicated by district office, before operating any aircraft accordance with paragraph (i)(1) of this AD. damage to the retaining rings (including but complying with this AD through an AMOC. not limited to cracks, scratches, and gouges), (i) MRM Inner Race Retaining Rings deterioration, or wear. (m) Related Information Inspection (3) If, during the inspection of the MRM The subject of this AD is addressed in (1) For Group 1 Helicopters: Within 660 inner race, as required by paragraph (i)(2) of European Aviation Safety Agency (now hours TIS or 6 months, whichever occurs this AD, there is any degradation, before next European Union Aviation Safety Agency) first after the effective date of this AD: flight, repair or replace the MRM. (EASA) AD 2018–0206, dated September 20, Inspect the installation of the MRM upper 2018. This EASA AD may be found in the AD bearing inner race retaining rings for (j) Terminating Action discrepancies in accordance with the Verification on a helicopter of correct docket on the internet at https:// Accomplishment Instructions of section installation of the MRM upper bearing inner www.regulations.gov by searching for and 3.B.2.b of Airbus Helicopters Alert Service race retaining rings, as required by paragraph locating Docket No. FAA–2020–0847. Bulletin AS350 62.00.42, Revision 0, dated (i)(1) of this AD, or corrective action on a (n) Material Incorporated by Reference September 17, 2018; Airbus Helicopters Alert helicopter, as specified in paragraphs (h)(2), Service Bulletin AS355–62.00.37, Revision 0, (i)(2), or (i)(3) of this AD, as applicable, (1) The Director of the Federal Register dated September 17, 2018; or Airbus constitute terminating action for the approved the incorporation by reference of Helicopters Alert Service Bulletin EC130– repetitive inspections required by paragraph the service information listed in this 62A017, Revision 0, dated September 17, (h)(1) of this AD for that helicopter. paragraph under 5 U.S.C. 552(a) and 1 CFR 2018, as applicable to your model helicopter, part 51. except you are not required to discard the (k) Parts Installation Prohibition (2) You must use this service information plastic clamps (Item vv). For the purposes of As of the effective date of this AD, no as applicable to do the actions required by this inspection, discrepancies may be person may install, on any helicopter, an this AD, unless the AD specifies otherwise. indicated by incorrect positioning or missing affected part as identified in paragraph (g)(1) (i) Airbus Helicopters Alert Service rings. of this AD. Bulletin AS350–62.00.42, Revision 0, dated (2) If, during the inspection required by September 17, 2018. paragraph (i)(1) of this AD there are any (l) Alternative Methods of Compliance (ii) Airbus Helicopters Alert Service discrepancies, before further flight, remove (AMOCs) Bulletin AS355–62.00.37, Revision 0, dated the affected part, inspect the MRM inner race (1) The Manager, International Validation September 17, 2018. for degradation, and replace the retaining Branch, FAA, may approve AMOCs for this (iii) Airbus Helicopters Alert Service rings in accordance with the AD. Send your proposal to: Scott Franke, Bulletin EC130–62A017, Revision 0, dated Accomplishment Instructions of section Aviation Safety Engineer, International September 17, 2018.

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(3) For service information identified in to address the unsafe condition on these 216th St., Des Moines, WA 98198; this AD, contact Airbus Helicopters, 2701 N products. phone and fax: 206–231–3218; email: Forum Drive, Grand Prairie, TX 75052; DATES: This AD becomes effective [email protected]. telephone 800–232–0323 or Fax: 972–641– SUPPLEMENTARY INFORMATION: 3775; or at https://www.airbus.com/ March 25, 2021. helicopters/services/technical-support.html. The Director of the Federal Register Discussion (4) You may view this service information approved the incorporation by reference at the FAA, Office of the Regional Counsel, of a certain publication listed in this AD The FAA issued AD 2020–23–02, Southwest Region, 10101 Hillwood Pkwy., as of March 25, 2021. Amendment 39–21318 (85 FR 73607, Room 6N–321, Fort Worth, TX 76177. For The FAA must receive comments on November 19, 2020) (AD 2020–23–02), information on the availability of this this AD by April 26, 2021. which applied to all Airbus Helicopters material at the FAA, call 817–222–5110. ADDRESSES: Model EC225LP helicopters. AD 2020– (5) You may view this service information You may send comments, using the procedures found in 14 CFR 23–02 required repetitive inspections of that is incorporated by reference at the the bearing in the swashplate assembly National Archives and Records 11.43 and 11.45, by any of the following methods: of the main rotor mast assembly for Administration (NARA). For information on discrepancies (ceramic balls that have a the availability of this material at NARA, • Federal eRulemaking Portal: Go to hard point or sensitive axial play or email [email protected], or go to: https:// https://www.regulations.gov. Follow the www.archives.gov/federal-register/cfr/ibr- instructions for submitting comments. both) and, depending on the findings, locations.html. • Fax: 202–493–2251. replacement of an affected main rotor mast assembly with a serviceable main Issued on February 8, 2021. • Mail: U.S. Department of Transportation, Docket Operations, M– rotor mast assembly. The FAA issued Lance T. Gant, AD 2020–23–02 to address defective Director, Compliance & Airworthiness 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, ceramic balls in the bearing installed in Division, Aircraft Certification Service. the swashplate assembly of the main [FR Doc. 2021–04806 Filed 3–9–21; 8:45 am] Washington, DC 20590. • Hand Delivery: U.S. Department of rotor mast assembly, which could lead BILLING CODE 4910–13–P Transportation, Docket Operations, M– to premature spalling of the ball itself 30, West Building Ground Floor, Room and of the bearing, loss of function of the bearing, and overload of the main DEPARTMENT OF TRANSPORTATION W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. rotor mast scissor, resulting in reduced Federal Aviation Administration and 5 p.m., Monday through Friday, control of the helicopter. except Federal holidays. Actions Since AD 2020–23–02 Was 14 CFR Part 39 For material incorporated by reference Issued (IBR) in this AD, contact the EASA, [Docket No. FAA–2021–0096; Project Since the FAA issued AD 2020–23– Identifier MCAI–2021–00040–R; Amendment Konrad-Adenauer-Ufer 3, 50668 02, the FAA has determined that 39–21440; AD 2021–04–18] Cologne, Germany; phone: +49 221 8999 additional main rotor mast assemblies 000; email: [email protected]; RIN 2120–AA64 are affected by the unsafe condition. internet: www.easa.europa.eu. You may The EASA, which is the Technical find this material on the EASA website Airworthiness Directives; Airbus Agent for the Member States of the at https://ad.easa.europa.eu. You may Helicopters European Union, has issued EASA AD view this material at the FAA, Office of 2020–0264, dated December 2, 2020 AGENCY: Federal Aviation the Regional Counsel, Southwest (EASA AD 2020–0264) (also referred to Administration (FAA), DOT. Region, 10101 Hillwood Pkwy., Room as the Mandatory Continuing ACTION: Final rule; request for 6N–321, Fort Worth, TX 76177. For Airworthiness Information, or the comments. information on the availability of this MCAI), to correct an unsafe condition material at the FAA, call 817–222–5110. for all Airbus Helicopters Model SUMMARY: The FAA is superseding It is also available in the AD docket on EC225LP helicopters. EASA AD 2020– Airworthiness Directive (AD) 2020–23– the internet at https:// 0264 supersedes EASA AD 2020–0079, 02, which applied to all Airbus www.regulations.gov by searching for dated April 1, 2020 (which corresponds Helicopters Model EC225LP helicopters. and locating Docket No. FAA–2021– to FAA AD 2020–23–02). AD 2020–23–02 required repetitive 0096. This AD was prompted by a report of inspections of the bearing in the Examining the AD Docket a manufacturing and control issue swashplate assembly of the main rotor regarding the ceramic balls in the mast assembly for discrepancies You may examine the AD docket on bearing installed in the swashplate (ceramic balls that have a hard point or the internet at https:// assembly of the main rotor mast sensitive axial play or both) and, www.regulations.gov by searching for assembly. The FAA is issuing this AD depending on the findings, replacement and locating Docket No. FAA–2021– to address defective ceramic balls in the of an affected main rotor mast assembly 0096; or in person at Docket Operations bearing installed in the swashplate with a serviceable main rotor mast between 9 a.m. and 5 p.m., Monday assembly of the main rotor mast assembly. Since the FAA issued AD through Friday, except Federal holidays. assembly, which could lead to 2020–23–02, the FAA has determined The AD docket contains this AD, any premature spalling of the ball itself and additional main rotor mast assemblies comments received, and other of the bearing, loss of function of the are affected by the unsafe condition. information. The street address for bearing, and overload of the main rotor This AD continues to require the actions Docket Operations is listed above. mast scissor, resulting in reduced specified in AD 2020–23–02, and also Comments will be available in the AD control of the helicopter. See the MCAI includes additional affected main rotor docket shortly after receipt. for additional background information. mast assemblies; as specified in a FOR FURTHER INFORMATION CONTACT: European Union Aviation Safety Agency Kathleen Arrigotti, Aerospace Engineer, Explanation of Retained Requirements (EASA) AD, which is incorporated by Large Aircraft Section, International Although this AD does not explicitly reference. The FAA is issuing this AD Validation Branch, FAA, 2200 South restate the requirements of AD 2020–

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23–02, this AD retains all of the need comply only with that section. For for making this amendment effective in requirements of AD 2020–23–02. Those example, where the AD requirement less than 30 days. requirements are referenced in EASA refers to ‘‘all required actions and Comments Invited AD 2020–0264, which, in turn, is compliance times,’’ compliance with referenced in paragraph (g) of this AD. this AD requirement is not limited to The FAA invites you to send any the section titled ‘‘Required Action(s) written relevant data, views, or Related Service Information Under 1 and Compliance Time(s)’’ in the EASA arguments about this AD. Send your CFR Part 51 AD. Service information specified in comments to an address listed under EASA AD 2020–0264 describes EASA AD 2020–0264 that is required for ADDRESSES. Include ‘‘Docket No. FAA– procedures for repetitive inspections of compliance with EASA AD 2020–0264 2021–0096; Project Identifier MCAI– the main rotor mast swashplate is available on the internet at https:// 2021–00040–R’’ at the beginning of your assembly for discrepancies (ceramic www.regulations.gov by searching for comments. The most helpful comments balls that have a hard point or sensitive and locating Docket No. FAA–2021– reference a specific portion of the final axial play or both), and replacement of 0096. rule, explain the reason for any an affected main rotor mast assembly recommended change, and include Interim Action with a serviceable main rotor mast supporting data. The FAA will consider assembly. This material is reasonably The FAA considers this AD interim all comments received by the closing available because the interested parties action and further AD action may date and may amend this final rule have access to it through their normal follow. because of those comments. Except for Confidential Business course of business or by the means FAA’s Justification and Determination Information (CBI) as described in the identified in the ADDRESSES section. of the Effective Date following paragraph, and other FAA’s Determination Section 553(b)(3)(B) of the information as described in 14 CFR This product has been approved by Administrative Procedure Act (5 U.S.C.) 11.35, the FAA will post all comments the aviation authority of another authorizes agencies to dispense with received, without change, to https:// country, and is approved for operation notice and comment procedures for www.regulations.gov, including any in the United States. Pursuant to the rules when the agency, for ‘‘good cause’’ personal information you provide. The FAA’s bilateral agreement with the State finds that those procedures are agency will also post a report of Design Authority, the FAA has been ‘‘impracticable, unnecessary, or contrary summarizing each substantive verbal notified of the unsafe condition to the public interest.’’ Under this contact received about this final rule. described in the MCAI referenced section, an agency, upon finding good Confidential Business Information above. The FAA is issuing this AD cause, may issue a final rule without because the FAA has evaluated all seeking comment prior to the CBI is commercial or financial pertinent information and determined rulemaking information that is both customarily and the unsafe condition exists and is likely An unsafe condition exists that actually treated as private by its owner. to exist or develop on other products of requires the immediate adoption of this Under the Freedom of Information Act products of the same type design. AD without providing an opportunity (FOIA) (5 U.S.C. 552), CBI is exempt for public comments prior to adoption. from public disclosure. If your Requirements of This AD The FAA has found that the risk to the comments responsive to this AD contain This AD requires accomplishing the flying public justifies waiving notice commercial or financial information actions specified in EASA AD 2020– and comment prior to adoption of this that is customarily treated as private, 0264 described previously, as rule because defective ceramic balls in that you actually treat as private, and incorporated by reference, except for the bearing installed in the swashplate that is relevant or responsive to this AD, any differences identified as exceptions assembly of the main rotor mast it is important that you clearly designate in the regulatory text of this AD. assembly could lead to premature the submitted comments as CBI. Please spalling of the ball itself and of the mark each page of your submission Explanation of Required Compliance bearing, loss of function of the bearing, containing CBI as ‘‘PROPIN.’’ The FAA Information and overload of the main rotor mast will treat such marked submissions as In the FAA’s ongoing efforts to scissor, resulting in reduced control of confidential under the FOIA, and they improve the efficiency of the AD the helicopter. This AD adds other will not be placed in the public docket process, the FAA initially worked with affected main rotor mast assemblies to of this AD. Submissions containing CBI Airbus and EASA to develop a process those identified in AD 2020–23–02. In should be sent to Kathleen Arrigotti, to use certain EASA ADs as the primary addition, the compliance time for the Aerospace Engineer, Large Aircraft source of information for compliance initial instance of the repetitive Section, International Validation with requirements for corresponding inspections is 50 hours time-in-service, Branch, FAA, 2200 South 216th St., Des FAA ADs. The FAA has since a time period of less than 2 months Moines, WA 98198; phone and fax: 206– coordinated with other manufacturers based on the average flight-hour 231–3218; email: kathleen.arrigotti@ and civil aviation authorities (CAAs) to utilization rate of these helicopters. faa.gov. Any commentary that the FAA use this process. As a result, in EASA Accordingly, the compliance time for receives which is not specifically AD 2020–0264 is incorporated by the required action is shorter than the designated as CBI will be placed in the reference in this AD. This AD, therefore, time necessary for the public to public docket for this rulemaking. requires compliance with EASA AD comment and for publication of the final 2020–0264 in its entirety, through that rule. Therefore, notice and opportunity Regulatory Flexibility Act (RFA) incorporation, except for any differences for prior public comment are The requirements of the RFA do not identified as exceptions in the impracticable and contrary to public apply when an agency finds good cause regulatory text of this AD. Using interest pursuant to 5 U.S.C. pursuant to 5 U.S.C. 553 to adopt a rule common terms that are the same as the 553(b)(3)(B). In addition, for the reasons without prior notice and comment. heading of a particular section in the stated above, the FAA finds that good Because the FAA has determined that it EASA AD does not mean that operators cause exists pursuant to 5 U.S.C. 553(d) has good cause to adopt this rule

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without notice and comment, RFA Costs of Compliance The FAA estimates the following costs analysis is not required. The FAA estimates that this AD to comply with this AD: affects 30 helicopters of U.S. registry.

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Retained actions from AD 2020-23-02 ...... 4 work-hours × $85 per hour = $340 ...... $0 $340 $10,200 New actions ...... 4 work-hours × $85 per hour = $340 ...... 0 340 10,200

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

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Cost per Labor cost Parts cost product

100 work-hours × $85 per hour = $8,500 ...... (*) * $8,500 * Airbus Helicopters informed the FAA that the parts cost will vary for each aircraft, and be determined by several factors, including the condition of the returned assembly. Airbus Helicopters provided information indicating the cost may be as low as $270,000 per aircraft. For the purposes of this AD, the FAA estimates the average cost will be between $270,000 and $500,000 per aircraft.

Authority for This Rulemaking (2) Will not affect intrastate aviation any category, all manufacturer serial in Alaska. numbers. Title 49 of the United States Code specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39 (d) Subject rules on aviation safety. Subtitle I, Air transportation, Aircraft, Aviation Joint Aircraft System Component (JASC) section 106, describes the authority of safety, Incorporation by reference, Code 6230, Main Rotor Mast/Swashplate. the FAA Administrator. Subtitle VII: Safety. (e) Reason Aviation Programs, describes in more Adoption of the Amendment This AD was prompted by a report of a detail the scope of the Agency’s manufacturing and control issue regarding authority. Accordingly, under the authority the ceramic balls in the bearing installed in The FAA is issuing this rulemaking delegated to me by the Administrator, the swashplate assembly of the main rotor under the authority described in the FAA amends 14 CFR part 39 as mast assembly. The FAA is issuing this AD Subtitle VII, Part A, Subpart III, Section follows: to address defective ceramic balls in the 44701: General requirements. Under bearing installed in the swashplate assembly PART 39—AIRWORTHINESS that section, Congress charges the FAA of the main rotor mast assembly, which could DIRECTIVES lead to premature spalling of the ball itself with promoting safe flight of civil and of the bearing, loss of function of the aircraft in air commerce by prescribing ■ 1. The authority citation for part 39 bearing, and overload of the main rotor mast regulations for practices, methods, and continues to read as follows: scissor, resulting in reduced control of the procedures the Administrator finds helicopter. Authority: 49 U.S.C. 106(g), 40113, 44701. necessary for safety in air commerce. (f) Compliance This regulation is within the scope of § 39.13 [Amended] Comply with this AD within the that authority because it addresses an ■ 2. The FAA amends § 39.13 by unsafe condition that is likely to exist or compliance times specified, unless already removing airworthiness directive (AD) done. develop on products identified in this 2020–23–02, Amendment 39–21318 (85 rulemaking action. FR 73607, November 19, 2020), and (g) Requirements Regulatory Findings adding the following new AD: Except as specified in paragraph (h) of this AD: Comply with all required actions and The FAA determined that this AD 2021–04–18 Airbus Helicopters: compliance times specified in, and in Amendment 39–21440; Docket No. will not have federalism implications accordance with, European Union Aviation FAA–2021–0096; Project Identifier Safety Agency (EASA) AD 2020–0264, dated under Executive Order 13132. This AD MCAI–2021–00040–R. will not have a substantial direct effect December 2, 2020 (EASA AD 2020–0264). (a) Effective Date on the States, on the relationship (h) Exceptions to EASA AD 2020–0264 This airworthiness directive (AD) becomes between the national government and (1) Where EASA AD 2020–0264 refers to effective March 25, 2021. the States, or on the distribution of April 15, 2020 (the effective date of EASA power and responsibilities among the (b) Affected ADs AD 2020–0079), this AD requires using various levels of government. This AD replaces AD 2020–23–02, December 4, 2020 (the effective date of AD For the reasons discussed above, I Amendment 39–21318 (85 FR 73607, 2020–23–02). certify that this AD: November 19, 2020) (AD 2020–23–02). (2) Where Table 1 of EASA AD 2020–0264 specifies a column heading of ‘‘FH (1) Is not a ‘‘significant regulatory (c) Applicability Accumulated,’’ for this AD use hours time- action’’ under Executive Order 12866, This AD applies to Airbus Helicopters in-service accumulated as of December 4, and Model EC225LP helicopters, certificated in 2020 (the effective date of AD 2020–23–02).

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(3) Where Table 2 of EASA AD 2020–0264 (2) You must use this service information European Union Aviation Safety Agency specifies a column heading of ‘‘FH as applicable to do the actions required by (EASA) AD number are incorrect Accumulated,’’ for this AD use hours time- this AD, unless this AD specifies otherwise. throughout the AD. This document in-service accumulated as of the effective (i) European Union Aviation Safety Agency corrects those errors. In all other (EASA) AD 2020–0264, dated December 2, date of this AD. respects, the original document remains (4) Where EASA AD 2020–0264 refers to its 2020. effective date, this AD requires using the (ii) [Reserved] the same. effective date of this AD. (3) For EASA AD 2020–0264, contact the DATES: This correction is effective (5) The ‘‘Remarks’’ section of EASA AD EASA, Konrad-Adenauer-Ufer 3, 50668 March 30, 2021. The effective date of 2020–0264 does not apply to this AD. Cologne, Germany; phone: +49 221 8999 000; AD 2021–02–12 remains March 30, (6) Although the service information email: [email protected]; internet: 2021. referenced in EASA AD 2020–0264 specifies www.easa.europa.eu. You may find this The Director of the Federal Register to return certain parts, this AD requires EASA AD on the EASA website at https:// approved the incorporation by reference removing those parts from service instead. ad.easa.europa.eu. of a certain publication listed in this AD (4) You may view this service information (7) Where the service information as of March 30, 2021 (86 FR 10787, referenced in EASA AD 2020–0264 specifies at the FAA, Office of the Regional Counsel, ‘‘compliance with the works steps concerned Southwest Region, 10101 Hillwood Pkwy., February 23, 2021). with the check is described in a video’’ this Room 6N–321, Fort Worth, TX 76177. For ADDRESSES: For material incorporated AD requires a complete rotation of the information on the availability of this by reference (IBR) in this AD, contact swashplate in both directions using a rate of material at the FAA, call 817–222–5110. This EASA, Konrad-Adenauer-Ufer 3, 50668 one revolution per minute. material may be found in the AD docket on Cologne, Germany; telephone +49 221 (8) Where EASA AD 2020–0264 refers to the internet at https://www.regulations.gov 8999 000; email [email protected]; flight hours (FH), this AD requires using by searching for and locating Docket No. internet www.easa.europa.eu. You may hours time-in-service. The guidance provided FAA–2021–0096. (5) You may view this material that is find this IBR material on the EASA by Note 1 to Table 1 and Table 2 in EASA website at https://ad.easa.europa.eu. AD 2020–0264 is still applicable. incorporated by reference at the National Archives and Records Administration You may view this IBR material at the (i) No Reporting Requirement (NARA). For information on the availability FAA, Airworthiness Products Section, Although the service information of this material at NARA, email fedreg.legal@ Operational Safety Branch, 2200 South referenced in EASA AD 2020–0264 specifies nara.gov, or go to https://www.archives.gov/ 216th St., Des Moines, WA. For to submit certain information to the federal-register/cfr/ibr-locations.html. information on the availability of this manufacturer, this AD does not include that Issued on February 10, 2021. material at the FAA, call 206–231–3195. requirement. Lance T. Gant, It is also available in the AD docket on (j) Special Flight Permit Director, Compliance & Airworthiness the internet at https:// Special flight permits, as described in 14 Division, Aircraft Certification Service. www.regulations.gov by searching for CFR 21.197 and 21.199, are not allowed. [FR Doc. 2021–04869 Filed 3–9–21; 8:45 am] and locating Docket No. FAA–2020– 0673. (k) Alternative Methods of Compliance BILLING CODE 4910–13–P (AMOCs) Examining the AD Docket (1) The Manager, Strategic Policy DEPARTMENT OF TRANSPORTATION You may examine the AD docket on Rotorcraft Section, FAA, has the authority to the internet at https:// approve AMOCs for this AD, if requested Federal Aviation Administration www.regulations.gov by searching for using the procedures found in 14 CFR 39.19. and locating Docket No. FAA–2020– In accordance with 14 CFR 39.19, send your 0673; or in person at Docket Operations request to your principal inspector or local 14 CFR Part 39 Flight Standards District Office, as between 9 a.m. and 5 p.m., Monday [Docket No. FAA–2020–0673; Product through Friday, except Federal holidays. appropriate. If sending information directly Identifier 2020–NM–076–AD; Amendment to the manager of the Strategic Policy 39–21395; AD 2021–02–12] The AD docket contains this final rule, Rotorcraft Section, send it to: Manager, any comments received, and other Strategic Policy Rotorcraft Section, FAA, RIN 2120–AA64 information. The address for Docket 10101 Hillwood Pkwy., Fort Worth, TX Operations is U.S. Department of 76177; phone: 817–222–5110. Information Airworthiness Directives; Airbus SAS Transportation, Docket Operations, M– may be emailed to: 9-ASW-FTW-AMOC- Airplanes 30, West Building Ground Floor, Room [email protected]. W12–140, 1200 New Jersey Avenue SE, (2) Before using any approved AMOC, AGENCY: Federal Aviation notify your appropriate principal inspector, Administration (FAA), DOT. Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: or lacking a principal inspector, the manager ACTION: Final rule; correction. Dan of the local flight standards district office/ Rodina, Aerospace Engineer, Large certificate holding district office. SUMMARY: The FAA is correcting an Aircraft Section, International (l) Related Information airworthiness directive (AD) that Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; (1) For more information about this AD, published in the Federal Register. That contact Kathleen Arrigotti, Aerospace AD applies to all Airbus SAS Model phone and fax: 206–231–3225; email: Engineer, Large Aircraft Section, A330–200 series airplanes, Model [email protected]. International Validation Branch, FAA, 2200 A330–200 Freighter series airplanes, SUPPLEMENTARY INFORMATION: AD 2021– South 216th St., Des Moines, WA 98198; Model A330–300 series airplanes, 02–12, Amendment 39–21395 (86 FR phone and fax: 206–231–3218; email: Model A330–900 series airplanes, 10787, February 23, 2021) (AD 2021– [email protected]. Model A340–200 series airplanes, 02–12), currently requires repair of each (m) Material Incorporated by Reference Model A340–300 series airplanes, affected part, or replacement with a (1) The Director of the Federal Register Model A340–500 series airplanes, serviceable part, as specified in an approved the incorporation by reference Model A340–600 series airplanes, EASA AD. AD 2021–02–12 applies to all (IBR) of the service information listed in this Model A380–800 series airplanes; and Airbus SAS Model A330–200 series paragraph under 5 U.S.C. 552(a) and 1 CFR Model A350–941 and –1041 airplanes. airplanes, Model A330–200 Freighter part 51. As published, multiple references to a series airplanes, Model A330–300 series

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airplanes, Model A330–900 series 39.13 [Corrected] 02001–690A–C specified in Airbus Service airplanes, Model A340–200 series ■ 2. The FAA amends § 39.13 by Bulletin A330–25–3743, dated September 23, 2019, states the measured dimension shall be airplanes, Model A340–300 series revising the following new equal to or more than ‘‘30 mm (1.81 in),’’ this airplanes, Model A340–500 series airworthiness directive to read: airplanes, Model A340–600 series AD requires using the measured dimension 2021–02–12 Airbus SAS: Amendment 39– airplanes, Model A380–800 series of ‘‘30 mm (1.18 in).’’ 21395; Docket No. FAA–2020–0673; (4) Where AMM task A330–A–25–XX– airplanes; and Model A350–941 and Product Identifier 2020–NM–076–AD. 3743–01001–520A–A of Airbus Service –1041 airplanes. (a) Effective Date Bulletin A330–25–3743, dated September 23, Need for the Correction 2019, states, ‘‘For the FWD cargo- This airworthiness directive (AD) is compartment, refer to Ref. AMM Task 25–54– effective March 30, 2021. As published, the EASA AD number 00–000–801,’’ this AD requires using, ‘‘For in the preamble and regulatory text is (b) Affected ADs the FWD cargo-compartment, refer to Ref. incorrectly identified as ‘‘EASA AD None. AMM Task 25–52–00–000–801.’’ 2020–100R1,’’ where the correct (5) The ‘‘Remarks’’ section of EASA AD (c) Applicability identification is ‘‘EASA AD 2020– 2020–0100R1 does not apply to this AD. 0100R1.’’ This AD applies to all Airbus SAS (i) Other FAA AD Provisions airplanes identified in paragraphs (c)(1) Related Service Information Under 1 through (10) of this AD, certificated in any The following provisions also apply to this CFR Part 51 category. AD: (1) Model A330–201, –202, –203, –223, and (1) Alternative Methods of Compliance EASA AD 2020–0100R1, dated –243 airplanes. (AMOCs): The Manager, Large Aircraft November 4, 2020, describes procedures (2) Model A330–223F and –243F airplanes. Section, International Validation Branch, for repair of each affected part, or (3) Model A330–301, –302, –303, –321, FAA, has the authority to approve AMOCs –322, –323, –341, –342, and –343 airplanes. replacement with a serviceable part. for this AD, if requested using the procedures (4) Model A330–941 airplanes. found in 14 CFR 39.19. In accordance with This material is reasonably available (5) Model A340–211, –212, and –213 14 CFR 39.19, send your request to your because the interested parties have airplanes. principal inspector or responsible Flight access to it through their normal course (6) Model A340–311, –312, and –313 Standards Office, as appropriate. If sending of business or by the means identified airplanes. information directly to the Large Aircraft in the ADDRESSES section (7) Model A340–541 airplanes. Section, International Validation Branch, (8) Model A340–642 airplanes. Correction of Publication send it to the attention of the person (9) Model A350–941 and –1041 airplanes. identified in paragraph (j) of this AD. (10) Model A380–841, –842, and –861 Information may be emailed to: 9-AVS-AIR- This document corrects multiple airplanes. errors and correctly adds the AD as an [email protected]. Before using any amendment to 14 CFR 39.13. Although (d) Subject approved AMOC, notify your appropriate principal inspector, or lacking a principal no other part of the preamble or Air Transport Association (ATA) of America Code 25, Equipment/furnishings. inspector, the manager of the responsible regulatory information has been Flight Standards Office. corrected, the FAA is publishing the (e) Reason (2) Contacting the Manufacturer: For any entire rule in the Federal Register. This AD was prompted by a report of a requirement in this AD to obtain instructions The effective date of this AD remains quality issue with a certain repair method of from a manufacturer, the instructions must March 30, 2021. damage-through honeycomb core cargo be accomplished using a method approved linings by speed patches applied to both by the Manager, Large Aircraft Section, Since this action only corrects sides. The FAA is issuing this AD to address International Validation Branch, FAA; or references to an EASA AD number, it reduced ability of repaired linings to contain EASA; or Airbus SAS’s EASA Design has no adverse economic impact and smoke or fire, resulting in an increased risk Organization Approval (DOA). If approved by imposes no additional burden on any of an uncontained fire in the cargo the DOA, the approval must include the person. Therefore, the FAA has compartment and consequent structural DOA-authorized signature. determined that notice and public damage to the airplane. (3) Required for Compliance (RC): Except procedures are unnecessary. (f) Compliance as required by paragraph (i)(2) of this AD, if any service information contains procedures Comply with this AD within the List of Subjects in 14 CFR Part 39 or tests that are identified as RC, those compliance times specified, unless already procedures and tests must be done to comply done. Air transportation, Aircraft, Aviation with this AD; any procedures or tests that are safety, Incorporation by reference, (g) Requirements not identified as RC are recommended. Those Safety. Except as specified in paragraph (h) of this procedures and tests that are not identified as RC may be deviated from using accepted Adoption of the Correction AD: Comply with all required actions and compliance times specified in, and in methods in accordance with the operator’s maintenance or inspection program without Accordingly, pursuant to the accordance with, European Union Aviation Safety Agency (EASA) AD 2020–0100R1, obtaining approval of an AMOC, provided authority delegated to me by the the procedures and tests identified as RC can Administrator, the Federal Aviation dated November 4, 2020 (EASA AD 2020– 0100R1). be done and the airplane can be put back in Administration amends part 39 of the an airworthy condition. Any substitutions or Federal Aviation Regulations (14 CFR (h) Exceptions to EASA AD 2020–0100R1 changes to procedures or tests identified as part 39) as follows: (1) Where EASA AD 2020–0100R1 refers to RC require approval of an AMOC. its effective date, this AD requires using the (j) Related Information PART 39—AIRWORTHINESS effective date of this AD. DIRECTIVES (2) Where EASA AD 2020–0100R1 refers to For more information about this AD, ‘‘19 May 2020 [the effective date of EASA AD contact Dan Rodina, Aerospace Engineer, ■ 1. The authority citation for part 39 2020–0100 at original issue],’’ this AD Large Aircraft Section, International requires using the effective date of this AD. Validation Branch, FAA, 2200 South 216th continues to read as follows: (3) Where task Aircraft Maintenance St., Des Moines, WA 98198; phone and fax: Authority: 49 U.S.C. 106(g), 40113, 44701. Manual (AMM) A330–A–25–XX–3743– 206–231–3225; email: [email protected].

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(k) Material Incorporated by Reference airway V–174 in the vicinity of History Henderson, WV. The Air Traffic Service (1) The Director of the Federal Register The FAA published a notice of approved the incorporation by reference (ATS) route modifications are necessary (IBR) of the service information listed in this due to the planned decommissioning of proposed rulemaking (NPRM) for paragraph under 5 U.S.C. 552(a) and 1 CFR the VOR portion of the Henderson, WV, Docket No. FAA–2020–0923 in the part 51. VOR/Tactical Air Navigation (VORTAC) Federal Register (85 FR 70093; (2) You must use this service information navigation aid (NAVAID). The November 4, 2020), to amend Jet Route as applicable to do the actions required by Henderson VORTAC provides J–134, RNAV route Q–67, and VOR this AD, unless this AD specifies otherwise. Federal airways V–45 and V–119; (3) The following service information was navigation guidance for portions of the affected air traffic service (ATS) routes establish RNAV route Q–176; and approved for IBR on March 30, 2021 (86 FR remove Jet Route J–91 and VOR Federal 10787, February 23, 2021). and the VOR portion is being (i) European Union Aviation Safety Agency decommissioned as part of the FAA’s airway V–174 in the vicinity of (EASA) AD 2020–0100R1, dated November 4, VOR Minimum Operational Network Henderson, WV. The proposed 2020. (MON) program. amendment, establishment, and (ii) [Reserved] revocation actions were due to the DATES: Effective date 0901 UTC, June (4) For EASA AD 2020–0100R1, contact the planned decommissioning of the VOR 17, 2021. The Director of the Federal EASA, Konrad-Adenauer-Ufer 3, 50668 portion of the Henderson, WV, VORTAC Register approves this incorporation by Cologne, Germany; telephone +49 221 8999 NAVAID. Interested parties were invited reference action under 1 CFR part 51, 000; email [email protected]; internet to participate in this rulemaking effort www.easa.europa.eu. You may find this subject to the annual revision of FAA by submitting written comments on the EASA AD on the EASA website at https:// Order 7400.11 and publication of proposal. No comments were received. ad.easa.europa.eu. conforming amendments. (5) You may view this material at the FAA, Subsequent to the NPRM, the Office ADDRESSES: FAA Order 7400.11E, Airworthiness Products Section, Operational Airspace Designations and Reporting of the Federal Register published a Safety Branch, 2200 South 216th St., Des NPRM correction for Docket No. FAA– Moines, WA. For information on the Points, and subsequent amendments can be viewed online at https:// 2020–0923 in the Federal Register (85 availability of this material at the FAA, call FR 71293; November 9, 2020), 206–231–3195. This material may be found www.faa.gov/air_traffic/publications/. in the AD docket on the internet at https:// For further information, you can contact correcting the RNAV route formatting www.regulations.gov by searching for and the Rules and Regulations Group, for the Q–67 and Q–176 descriptions in locating Docket No. FAA–2020–0673. Federal Aviation Administration, 800 the regulatory text and also adding the (6) You may view this material that is Independence Avenue SW, Washington, missing ‘‘Paragraph 6010(a) Domestic incorporated by reference at the National DC 20591; telephone: (202) 267–8783. VOR Federal Airways’’ heading between Archives and Records Administration The Order is also available for the RNAV route Q–176 and VOR (NARA). For information on the availability Federal airway V–45 descriptions in the of this material at NARA, email fedreg.legal@ inspection at the National Archives and Records Administration (NARA). For regulatory text. The correct RNAV route nara.gov, or go to: https://www.archives.gov/ formatting and Domestic VOR Federal federal-register/cfr/ibr-locations.html. information on the availability of FAA Airways heading are included in the Issued on March 3, 2021. Order 7400.11E at NARA, email: [email protected] or go to https:// regulatory text in this rule. Gaetano A. Sciortino, www.archives.gov/federal-register/cfr/ Additionally, subsequent to the Deputy Director for Strategic Initiatives, ibr-locations.html. NPRM, the FAA published a rule for Compliance & Airworthiness Division, FOR FURTHER INFORMATION CONTACT: Docket No. FAA–2020–0709 in the Aircraft Certification Service. Federal Register (85 FR 79117; [FR Doc. 2021–04784 Filed 3–9–21; 8:45 am] Colby Abbott, Rules and Regulations Group, Office of Policy, Federal December 9, 2020), amending VOR BILLING CODE 4910–13–P Aviation Administration, 800 Federal airway V–119 by removing the Independence Avenue SW, Washington, airway segment overlying the Clarion, DC 20591; telephone: (202) 267–8783. PA, VOR/Distance Measuring DEPARTMENT OF TRANSPORTATION Equipment (VOR/DME) between the SUPPLEMENTARY INFORMATION: Federal Aviation Administration Indian Head, PA, VORTAC and the Authority for This Rulemaking Clarion, PA, VOR/DME. That airway 14 CFR Part 71 The FAA’s authority to issue rules amendment, effective February 25, regarding aviation safety is found in 2021, is included in this rule. [Docket No. FAA–2020–0923; Airspace Title 49 of the United States Code. Lastly, the state reference for the Docket No. 20–AEA–18] Subtitle I, Section 106 describes the Henderson, WV, VORTAC was RIN 2120–AA66 authority of the FAA Administrator. incorrectly listed as Kentucky (KY) in Subtitle VII, Aviation Programs, the Proposal section of the NPRM for Jet Amendment, Establishment, and describes in more detail the scope of the Routes J–91 and J–134. The correct state Revocation of Multiple Air Traffic agency’s authority. This rulemaking is is WV and this action corrects those Service (ATS) Routes in the Vicinity of promulgated under the authority errors. Henderson, WV described in Subtitle VII, Part A, Jet Routes are published in paragraph AGENCY: Federal Aviation Subpart I, Section 40103. Under that 2004, United States RNAV Q-routes are Administration (FAA), DOT. section, the FAA is charged with published in paragraph 2006, and VOR ACTION: Final rule. prescribing regulations to assign the use Federal airways are published in of the airspace necessary to ensure the paragraph 6010(a) of FAA Order SUMMARY: This action amends Jet Route safety of aircraft and the efficient use of 7400.11E, dated July 21, 2020, and J–134, Area Navigation (RNAV) route airspace. This regulation is within the effective September 15, 2020, which is Q–67, and VHF Omnidirectional Range scope of that authority as it modifies the incorporated by reference in 14 CFR (VOR) Federal airways V–45 and V–119; route structure as necessary to preserve 71.1. The ATS routes listed in this establishes RNAV route Q–176; and the safe and efficient flow of air traffic document will be published removes Jet Route J–91 and VOR Federal within the National Airspace System. subsequently in the Order.

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Availability and Summary of The VOR Federal airway changes are the National Environmental Policy Act Documents for Incorporation by outlined below. (42 U.S.C. 4321et seq) and its Reference V–45: V–45 extends between the New implementing regulations at 40 CFR part Bern, NC, VOR/DME and the Appleton, This document amends FAA Order 1500, and in accordance with FAA OH, VORTAC; and between the 7400.11E, Airspace Designations and Order 1050.1F, Environmental Impacts: Saginaw, MI, VOR/DME and the Sault Reporting Points, dated July 21, 2020, Policies and Procedures, paragraph 5– Ste. Marie, MI, VOR/DME. The airway 6.5a, which categorically excludes from and effective September 15, 2020. FAA segment overlying the Henderson, WV, further environmental impact review Order 7400.11E is publicly available as VORTAC between the Charleston, WV, rulemaking actions that designate or listed in the ADDRESSES section of this VOR/DME and the Appleton, OH, modify classes of airspace areas, document. FAA Order 7400.11E lists VORTAC is removed. The unaffected airways, routes, and reporting points Class A, B, C, D, and E airspace areas, portions of the existing airway remain (see 14 CFR part 71, Designation of air traffic service routes, and reporting as charted. Class A, B, C, D, and E Airspace Areas; points. V–119: V–119 extends between the Air Traffic Service Routes; and The Rule Henderson, WV, VORTAC and the Reporting Points). As such, this action The FAA is amending 14 CFR part 71 Indian Head, PA, VORTAC. The airway is not expected to result in any by modifying Jet Route J–134, RNAV segment overlying the Henderson, WV, potentially significant environmental route Q–67, and VOR Federal airways VORTAC between the Henderson, WV, impacts. In accordance with FAA Order 1050.1F, paragraph 5–2 regarding V–45 and V–119; establishing RNAV VORTAC and the Parkersburg, WV, Extraordinary Circumstances, the FAA route Q–176; and removing Jet Route J– VOR/DME is removed. The unaffected has reviewed this action for factors and 91 and VOR Federal airway V–174. The portions of the existing airway remain circumstances in which a normally planned decommissioning of the VOR as charted. V–174: V–174 extends between the categorically excluded action may have portion of the Henderson, WV, VORTAC York, KY, VORTAC and the Elkins, WV, a significant environmental impact has made this action necessary. VORTAC. The airway is removed in its requiring further analysis. The FAA has The Jet Route changes are outlined entirety. determined that no extraordinary below. All NAVAID radials in the VOR circumstances exist that warrant J–91: J–91 extends between the Federal airway descriptions below are preparation of an environmental Volunteer, TN, VORTAC and the unchanged and stated in True degrees. assessment or environmental impact Henderson, WV, VORTAC. The route is FAA Order 7400.11, Airspace study. removed in its entirety. Designations and Reporting Points, is J–134: J–134 extends between the Los published yearly and effective on List of Subjects in 14 CFR Part 71 Angeles, CA, VORTAC and the Linden, September 15. Airspace, Incorporation by reference, VA, VORTAC. The airway segment Navigation (air). overlying the Henderson, WV, VORTAC Regulatory Notices and Analyses between the Falmouth, KY, VOR/DME The FAA has determined that this The Amendment and the Linden, VA, VORTAC is regulation only involves an established In consideration of the foregoing, the removed. The unaffected portions of the body of technical regulations for which Federal Aviation Administration existing route remain as charted. frequent and routine amendments are amends 14 CFR part 71 as follows: The RNAV route changes are outlined necessary to keep them operationally below. current. It, therefore: (1) Is not a PART 71—DESIGNATION OF CLASS A, Q–67: Q–67 extends between the ‘‘significant regulatory action’’ under B, C, D, AND E AIRSPACE AREAS; AIR SMTTH, TN, waypoint (WP) and the Executive Order 12866; (2) is not a TRAFFIC SERVICE ROUTES; AND DARYN, WV, WP. The route end point ‘‘significant rule’’ under Department of REPORTING POINTS is changed from the DARYN, WV, WP Transportation (DOT) Regulatory ■ to the Henderson, WV, DME (located 1. The authority citation for part 71 Policies and Procedures (44 FR 11034; continues to read as follows: approximately 1 nautical mile February 26, 1979); and (3) does not southwest of the DARYN WP), and the warrant preparation of a regulatory Authority: 49 U.S.C. 106(f), 106(g); 40103, number of route points listed in the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, evaluation as the anticipated impact is 1959–1963 Comp., p. 389. description are reduced while retaining so minimal. Since this is a routine the route as charted. Additionally, the matter that will only affect air traffic § 71.1 [Amended] TONIO, KY, fix, which is being retained procedures and air navigation, it is ■ 2. The incorporation by reference in in the route description, is changed to certified that this rule, when 14 CFR 71.1 of FAA Order 7400.11E, reflect the fix as a WP. The route will promulgated, will not have a significant Airspace Designations and Reporting continue to provide RNAV routing economic impact on a substantial Points, dated July 21, 2020, and capability from the Knoxville, TN, area number of small entities under the effective September 15, 2020, is northeastward to the Henderson, WV, criteria of the Regulatory Flexibility Act. amended as follows: area. Q–176: Q–176 is a new route that Environmental Review Paragraph 2004 Jet Routes. extends between the Cimarron, NM, The FAA has determined that this * * * * * VORTAC and the OTTTO, VA, WP. This action of modifying Jet Route J–134, J–91 [Removed] RNAV route mitigates the loss of the J– RNAV route Q–67, and VOR Federal 134 route segment between the airways V–45 and V–119; establishing * * * * * Falmouth, KY, VOR/DME and the RNAV route Q–176; and removing Jet J–134 [Amended] Linden, VA, VORTAC and is a direct Route J–91 and VOR Federal airway V– From Los Angeles, CA; Seal Beach, CA; overlay of the existing J–134. 174, due to the planned Thermal, CA; Parker, CA; Drake, AZ; Gallup, Additionally, it provides RNAV routing decommissioning of the VOR portion of NM; Cimarron, NM; Liberal, KS; Wichita, KS; capability from the Cimarron, NM, area the Henderson, WV, VORTAC NAVAID, Butler, MO; St Louis, MO; to Falmouth, KY. eastward to the Front Royal, VA, area. qualifies for categorical exclusion under * * * * *

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Paragraph 2006 United States Area Navigation Routes. * * * * *

Q–67 SMTTH, TN to Henderson, WV (HNN) [Amended] SMTTH, TN WP (Lat. 35°54′41.57″ N, long. 084°00′19.74″ W) TONIO, KY WP (Lat. 37°15′15.20″ N, long. 083°01′47.53″ W) Henderson, WV (HNN) DME (Lat. 38°45′14.85″ N, long. 082°01′34.20″ W)

******* Q–176 Cimarron, NM (CIM) to OTTTO, VA [New] Cimarron, NM (CIM) VORTAC (Lat. 36°29′29.03″ N, long. 104°52′19.20″ W) KENTO, NM WP (Lat. 36°44′19.10″ N, long. 103°05′57.13″ W) Liberal, KS (LBL) VORTAC (Lat. 37°02′39.82″ N, long. 100°58′16.31″ W) Wichita, KS (ICT) VORTAC (Lat. 37°44′42.92″ N, long. 097°35′01.79″ W) Butler, MO (BUM) VORTAC (Lat. 38°16′19.49″ N, long. 094°29′17.74″ W) St Louis, MO (STL) VORTAC (Lat. 38°51′38.48″ N, long. 090°28′56.52″ W) GBEES, IN FIX (Lat. 38°41′54.72″ N, long. 085°10′13.03″ W) BICKS, KY WP (Lat. 38°38′29.92″ N, long. 084°25′20.82″ W) Henderson, WV (HNN) DME (Lat. 38°45′14.85″ N, long. 082°01′34.20″ W) OTTTO, VA WP (Lat. 38°51′15.81″ N, long. 078°12′20.01″ W)

* * * * * feet above the surface for Calais Subtitle VII, Aviation Programs, Paragraph 6010(a) Domestic VOR Federal Regional Heliport, Calais, ME, to describes in more detail the scope of the Airways. accommodate new area navigation agency’s authority. This rulemaking is (RNAV) global positioning system (GPS) promulgated under the authority * * * * * standard instrument approach described in Subtitle VII, Part A, V–45 [Amended] procedures (SIAPs) serving this heliport. Subpart I, Section 40103. Under that From New Bern, NC; Kinston, NC; Raleigh- Controlled airspace is necessary for the section, the FAA is charged with Durham, NC; INT Raleigh-Durham 275° and safety and management of instrument prescribing regulations to assign the use Greensboro, NC, 105° radials; Greensboro; flight rules (IFR) operations in the area. of airspace necessary to ensure the INT Greensboro 334° and Pulaski, VA, 147° DATES: Effective 0901 UTC, April 22, safety of aircraft and the efficient use of radials; Pulaski; Bluefield, WV; to airspace. This regulation is within the Charleston, WV. From Saginaw, MI; Alpena, 2021. The Director of the Federal MI; to Sault Ste Marie, MI. Register approves this incorporation by scope of that authority as it establishes Class E airspace at Calais Regional * * * * * reference action under 1 CFR part 51, subject to the annual revision of FAA Heliport, Calais, ME, to support IFR V–119 [Amended] Order 7400.11 and publication of operations in the area. From Parkersburg, WV; INT Parkersburg conforming amendments. ° ° History 067 and Indian Head, PA, 254 radials; to ADDRESSES: FAA Order 7400.11E, The FAA published a notice of prosed Indian Head. Airspace Designations and Reporting rulemaking in the Federal Register (85 * * * * * Points, and subsequent amendments can FR 70092, November 4, 2020) for Docket be viewed online at http://www.faa.gov/ V–174 [Removed] No. FAA–2020–0935 to establish Class E air_traffic/publications/. For further * * * * * airspace extending upward from 700 information, you can contact the feet above the surface at Calais Regional Issued in Washington, DC, on March 4, Airspace Policy Group, Federal Aviation 2021. Heliport, Calais, ME. Interested parties Administration, 800 Independence were invited to participate in this George Gonzalez, Avenue SW, Washington, DC 20591; rulemaking effort by submitting written Acting Manager, Rules and Regulations Telephone: (202) 267–8783. The Order comments on the proposal to the FAA. Group. is also available for inspection at the No comments were received. [FR Doc. 2021–04851 Filed 3–9–21; 8:45 am] National Archives and Records BILLING CODE 4910–13–P Class E airspace designations are Administration (NARA). For published in Paragraph 6005, of FAA information on the availability of FAA Order 7400.11E, dated July 21, 2020, Order 7400.11E at NARA, email DEPARTMENT OF TRANSPORTATION and effective September 15, 2020, which [email protected] or go to https:// is incorporated by reference in 14 CFR Federal Aviation Administration www.archives.gov/federal-register/cfr/ 71.1. The Class E airspace designations ibr-locations.html. listed in this document will be 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: John published subsequently in the Order. Fornito, Operations Support Group, [Docket No. FAA–2020–0935; Airspace Eastern Service Center, Federal Aviation Availability and Summary of Docket No. 20–ANE–4] Administration, 1701 Columbia Ave, Documents for Incorporation by RIN 2120–AA66 College Park, GA 30337; Telephone Reference (404) 305–6364. This document amends FAA Order Establishment of Class E Airspace; SUPPLEMENTARY INFORMATION: 7400.11E, Airspace Designations and Calais, ME Reporting Points, dated July 21, 2020, Authority for This Rulemaking AGENCY: Federal Aviation and effective September 15, 2020. FAA Administration (FAA), DOT. The FAA’s authority to issue rules Order 7400.11E is publicly available as ACTION: Final rule. regarding aviation safety is found in listed in the ADDRESSES section of this Title 49 of the United States Code. document. FAA Order 7400.11E lists SUMMARY: This action establishes Class Subtitle I, Section 106 describes the Class A, B, C, D, and E airspace areas, E airspace extending upward from 700 authority of the FAA Administrator. air traffic routes, and reporting points.

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The Rule PART 71—DESIGNATION OF CLASS A, Exchange Commission, 100 F Street NE, B, C, D, AND E AIRSPACE AREAS; AIR Washington, DC 20549. This amendment to 14 CFR part 71 TRAFFIC SERVICE ROUTES; AND SUPPLEMENTARY INFORMATION: In FR Doc. establishes Class E airspace extending REPORTING POINTS 2020–25747, starting on page 86464 in upward from 700 feet above the surface the Federal Register of December 30, within a 6-mile radius at Calais Regional ■ 1. The authority citation for part 71 2020, the following corrections are Heliport, Calais, ME, providing the continues to read as follows: made: controlled airspace required to support Authority: 49 U.S.C. 106(f), 106(g); 40103, 1. On page 86464, in column 3, the the new RNAV (GPS) standard 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, file number is corrected to read ‘‘S7–19– instrument approach procedures for IFR 1959–1963 Comp., p. 389. 15’’. operations at heliport. Subsequent to 2. On page 86464, in column 3, the § 71.1 [Amended] publication of the NPRM, the FAA RIN number is corrected to read ‘‘3235– found the geographic coordinates in the ■ 2. The incorporation by reference in AL98’’. airport’s description were incorrect. 14 CFR 71.1 of FAA Order 7400.11E, Dated: March 5, 2021. Airspace Designations and Reporting This action makes the correction. J. Matthew DeLesDernier, Points, dated July 20, 2020, effective FAA Order 7400.11, Airspace September 15, 2020, is amended as Assistant Secretary. Designations and Reporting Points, is follows: [FR Doc. 2021–04960 Filed 3–9–21; 8:45 am] published yearly and effective on BILLING CODE P September 15. Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Regulatory Notices and Analyses Above the Surface of the Earth. * * * * * DEPARTMENT OF HOUSING AND The FAA has determined that this URBAN DEVELOPMENT regulation only involves an established ANE ME E5 Calais, ME [New] body of technical regulations for which Calais Regional Heliport, ME 24 CFR Parts 3280, 3282 and 3285 (Lat. 45°10′38″N, long. 67°16′05″W) frequent and routine amendments are [Docket No. FR–6149–F–04] necessary to keep them operationally That airspace extending upward from 700 current. It therefore: (1) Is not a feet above the surface of the earth within a RIN 2502–AJ49 6-mile radius of Calais Regional Heliport. ‘‘significant regulatory action’’ under Manufactured Home Construction and Executive Order 12866; (2) is not a Issued in College Park, Georgia, on March 2, 2021. Safety Standards; Delay of Effective ‘‘significant rule’’ under DOT Date Regulatory Policies and Procedures (44 Andreese C. Davis, FR 11034; February 26, 1979); and (3) Manager, Airspace & Procedures Team South, AGENCY: Office of the Assistant does not warrant preparation of a Eastern Service Center, Air Traffic Secretary for Housing—Federal Housing regulatory evaluation as the anticipated Organization. Commissioner, HUD. impact is so minimal. Since this is a [FR Doc. 2021–04823 Filed 3–9–21; 8:45 am] ACTION: Final rule; delay of effective routine matter that only affects air traffic BILLING CODE 4910–13–P date. procedures an air navigation, it is SUMMARY: The Department of Housing certified that this rule, when and Urban Development is delaying the promulgated, does not have a significant SECURITIES AND EXCHANGE COMMISSION effective date of its final rule published economic impact on a substantial on January 12, 2021, that amends the number of small entities under the 17 CFR Part 201 Federal Manufactured Home criteria of the Regulatory Flexibility Act. Construction and Safety Standards (the [Release No. 34–90442; File No. S7–19–15] Environmental Review Construction and Safety Standards) that RIN 3235–AL98 were based upon the third group of The FAA has determined that this recommendations made to HUD by the action qualifies for categorical exclusion Amendments to the Commission’s Manufactured Housing Consensus under the National Environmental Rules of Practice; Correction Committee (MHCC), as modified by Policy Act in accordance with FAA HUD. The March 15, 2021, effective date Order 1050.1F, ‘‘Environmental AGENCY: Securities and Exchange does not provide adequate time for Impacts: Policies and Procedures,’’ Commission. affected manufacturers and stakeholders paragraph 5–6.5a. This airspace action ACTION: Final rule; correction. to implement the new requirements. By is not expected to cause any potentially extending the effective date from March SUMMARY: The Securities and Exchange significant environmental impacts, and 15, 2021, to July 12, 2021, Commission (‘‘Commission’’) is manufacturers and other stakeholders no extraordinary circumstances exist correcting a final rule that appeared in that warrant preparation of an will have sufficient time to implement the Federal Register on December 30, the new or amended requirements. environmental assessment. 2020. The final rule adopted DATES: As of March 10, 2021 the Lists of Subjects in 14 CFR Part 71 amendments to its Rules of Practice to effective date of the final rule amending require persons involved in Commission 24 CFR parts 3280, 3282, and 3285, Airspace, Incorporation by reference, administrative proceedings to file and published January 12, 2021 at 86 FR Navigation (air). serve documents electronically. 2496, is delayed until July 12, 2021. As DATES: Adoption of the Amendment The corrections are effective of March 10, 2021 the March 15, 2021 March 10, 2021. incorporation by reference approval In consideration of the foregoing, the FOR FURTHER INFORMATION CONTACT: published in the January 12, 2021 rule Federal Aviation Administration Naomi P. Lewis, Office of the Secretary at 86 FR 2496 is delayed to July 12, amends 14 CFR part 71 as follows: (202) 551–5400, Securities and 2021.

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FOR FURTHER INFORMATION CONTACT: consumer options; and allow the use of rule extends the effective date for the Teresa B. Payne, Administrator, Office the latest building technologies and Manufactured Home Construction and of Manufactured Housing Programs, materials while creating more Safety Standards final rule for 120 days, Department of Housing and Urban consistency with State-adopted from March 15, 2021, to July 12, 2021. Development, 451 7th Street SW, Room residential building codes. It does not signal any revision of the 9166, Washington, DC 20410–8000; II. This Final Rule requirements included in the January telephone number 202–402–2698 (this 12, 2021, final rule. All revisions to the is not a toll-free number). For hearing HUD’s January 12, 2021, final rule has Manufactured Home Construction and and speech-impaired persons, this a March 15, 2021, effective date. This Safety Standards codified by the January number may be accessed via TTY by final rule delays the March 15, 2021, 12, 2021, final rule will still be calling the toll-free Federal Relay effective date by 120 days to July 12, implemented without change. Service at 1–800–877–8339 (this is a 2021, to provide sufficient time for Without this extension, manufacturers toll-free number). affected stakeholders and manufacturers would be hard pressed to implement to implement the new and amended SUPPLEMENTARY INFORMATION: and meet new requirements that were requirements. scheduled to take effect on March 15, I. Background HUD recognizes that, as the result of 2021. The inability to meet the March the COVID–19 pandemic, many 15, 2021, effective date is largely a result The National Manufactured Housing manufacturers are experiencing Construction and Safety Standards Act of the COVID–19 pandemic and its backlogs and supply chain challenges disruption of economic activity in the of 1974 (42 U.S.C. 5401–5426) (the Act), that make it difficult for manufacturers authorizes HUD to establish and amend United States, including backlogs and to obtain products that the new supply chain disruptions within the the Federal Manufactured Home 1 regulations require in a timely manner. manufactured housing industry, making Construction and Safety Standards (the Industry stakeholders stated that these Construction and Safety Standards) compliance by March 15, 2021 unlikely shortages have made it difficult for if not impossible. Manufacturers and codified at 24 CFR part 3280. The manufactures to obtain carbon Manufactured Housing Improvement stakeholders expressed this concern to monoxide alarms, combination carbon HUD and asked for additional time to Act of 2000 (Pub. L. 106–569, approved monoxide and smoke alarms, doors, December 27, 2000), established the implement and modify processes to railings, and other products required to ensure compliance with new Manufactured Housing Consensus meet the January 12, 2021 regulation. Committee (MHCC) to provide HUD regulations. Delaying the effective date Industry stakeholders have also of the final rule will allow recommendations to adopt, revise, and expressed to HUD a desire for additional manufacturers and program interpret the Construction and Safety time to implement and modify stakeholders the additional time needed Standards. HUD’s Construction and processes to ensure compliance with the to obtain the products and implement Safety Standards apply to the design, new regulation. For example, the procedures required to comply with construction, and installation of new stakeholders have pointed out that the new or amended requirements. For manufactured homes. changes will require consultation with these reasons, HUD finds that there is Following MHCC’s third set of Design Approval Primary Inspection good cause to issue this final rule recommendations made to HUD, and Agencies (DAPIAs) and drafting teams without additional public comment. HUD’s review of, editorial revisions to, which take additional time. and addition of proposals to the In response to these concerns, HUD is IV. Findings and Certifications MHCC’s recommendations, HUD publishing this final rule to delay the Regulatory Review—Executive Orders published a proposed rule on January March 15, 2021 effective date to July 12, 12866 and 13563 31, 2020 (85 FR 5589). Most 2021, to provide additional time for commenters on the proposed rule affected stakeholders and manufacturers Under Executive Order 12866 expressed general support for the to implement the new and amended (Regulatory Planning and Review), a proposed revisions as part of HUD’s requirements. determination must be made whether a effort to update the Construction and regulatory action is significant and, Safety Standards, and several III. Justification for Final Rulemaking therefore, subject to review by the Office commenters provided technical and for the Delay of Effective Date of Management and Budget (OMB) in substantive recommendations. Section 553(b)(B) of the accordance with the requirements of the Following HUD’s consideration of Administrative Procedure Act (APA) (5 order. Executive Order 13563 public comments on the proposed rule, U.S.C. 553(b)(B)) permits agencies to (Improving Regulations and Regulatory and consideration of HUD’s experience omit prior notice and comment Review) directs executive agencies to with the program, HUD published a procedure when an agency for ‘‘good analyze regulations that are ‘‘outmoded, final rule on January 12, 2021 (86 FR cause’’ finds such procedure to be ineffective, insufficient, or excessively 2496). The final rule revises certain ‘‘impracticable, unnecessary, or contrary burdensome, and to modify, streamline, sections of the Construction and Safety to the public interest.’’ HUD’s regulation expand, or repeal them in accordance Standards, incorporates six reference on rulemaking at 24 CFR 10.1 with what has been learned.’’ Executive standards, and makes minor technical implements the APA’s requirements for Order 13563 also directs that, where edits to the Construction and Safety HUD, including the ‘‘good cause’’ relevant, feasible, and consistent with Standards. The amendments to the exception. regulatory objectives, and to the extent codified regulations reinforce the Act’s HUD finds that prior public notice permitted by law, agencies are to purposes, namely to provide benefits to and comment for this final rule is identify and consider regulatory consumers, homeowners, and the contrary to the public interest. This final approaches that reduce burdens and broader community; promote and maintain flexibility and freedom of improve consumer and home safety, 1 Manufactured Housing Landscape 2020, Fannie choice for the public. This rule has been Mae (May 21, 2020) https:// such as by improving smoke and carbon multifamily.fanniemae.com/news-insights/ determined not to be a ‘‘significant monoxide alarm requirements; reduce multifamily-market-commentary/manufactured- regulatory action’’ as defined in section regulatory barriers and expand housing-landscape-2020. 3(f) of the Executive order and therefore

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was not reviewed by OMB. The Office not have a significant economic impact, DEPARTMENT OF THE TREASURY of Information and Regulatory Affairs on a substantial number of small (OIRA) has designated this rule not as entities. Of the 222 firms primarily Internal Revenue Service a major rule under the Congressional engaged in manufacturing manufactured Review Act (5 U.S.C. 801 et seq.). homes, under the NAICS definition 26 CFR Part 1 Paperwork Reduction Act (NAICS 32991), approximately 35 [TD 9936] produce manufactured homes subject to In accordance with the requirements RIN 1545–BO59 HUD’s Manufactured Home of the Paperwork Reduction Act (PRA), Construction and Safety Standards. Of an agency may not conduct or sponsor, Guidance on Passive Foreign and a respondent is not required to these firms, 31 are considered to be Investment Companies; Correction respond to, an information collection small businesses based on the U.S. Small Business Administration’s AGENCY: Internal Revenue Service (IRS), unless it displays a currently valid Treasury. Office of Management and Budget threshold of 1,250 employees or less. ACTION: Correcting amendments. (OMB) control number. The information The final rule applies to all the collection requirements contained in manufacturers and thus would affect a SUMMARY: This document contains this final rule have been approved by substantial number of small entities. corrections to the final regulations the OMB under the Paperwork However, this final rule provides all Treasury Decision 9936, that were Reduction Act of 1995 (44 U.S.C. 3501– manufacturers, including small published in the Federal Register on 3520) and assigned OMB control manufacturers, more time to implement Friday, January 15, 2021. The final number 2502–0253. revisions to the Construction and Safety regulations regarding the determination Standards contained in HUD’s January Unfunded Mandates Reform Act of whether a foreign corporation is 12, 2021 final rule, but does not itself treated as a passive foreign investment Title II of the Unfunded Mandates update or amend the Standards. As a company (‘‘PFIC’’) for purposes of the Reform Act of 1995 (2 U.S.C. 1531– result, this rule does not place any Internal Revenue Code (‘‘Code’’), and 1538) establishes requirements for additional costs on any manufactured the application and scope of certain Federal agencies to assess the effects of home manufacturers subject to the rules that determine whether a United their regulatory actions on state, local, January 12, 2021, final rule. States person that indirectly holds stock and tribal governments, and the private Accordingly, the undersigned certifies in a PFIC is treated as a shareholder of sector. This rule will not impose any that this rule would not have a the PFIC. Federal mandates on any state, local, or DATES: These corrections are effective tribal government or the private sector significant economic impact on a substantial number of small entities. on March 10, 2021 and applicable on or within the meaning of the Unfunded after January 15, 2021. Mandates Reform Act of 1995. Executive Order 13132, Federalism FOR FURTHER INFORMATION CONTACT: Environmental Review Executive Order 13132 (entitled Concerning the regulations §§ 1.1291–0 A Finding of No Significant Impact ‘‘Federalism’’) prohibits, to the extent and 1.1291–1, 1.1297–0 through 1.1297– with respect to the environment was practicable and permitted by law, an 2, 1.1298–0, 1.1298–2, and 1.1298–4, Christina G. Daniels at (202) 317–6934; made prior to publication of the agency from promulgating a regulation concerning the regulations §§ 1.1297–4 proposed rule, in accordance with HUD that has federalism implications and and 1.1297–6, Josephine Firehock at regulations at 24 CFR part 50, which either imposes substantial direct (202) 317–4932 (not toll-free numbers). implement section 102(2)(C) of the compliance costs on state and local SUPPLEMENTARY INFORMATION: National Environmental Policy Act of governments and is not required by 1969 (42 U.S.C. 4332(2)(C)). The statute, or preempts state law, unless the Background Finding of No Significant Impact relevant requirements of section 6 of the remains applicable, and is available for The final regulations (TD 9936) that Executive order are met. This rule does public inspection between the hours of are the subject of this correction are 8 a.m. and 5 p.m. weekdays in the not have federalism implications and issued under sections 1297 and 1298 of Regulations Division, Office of General does not impose substantial direct the Internal Revenue Code. compliance costs on state and local Counsel, Room 10276, Department of Need for Correction Housing and Urban Development, 451 governments or preempt state law Seventh Street SW, Washington, DC within the meaning of the Executive As published on January 15, 2021 (86 20410–0500. The Finding of No order. FR 4516), the final regulations (TD Significant Impact will also be available 9936) contain errors that need to be Authority: 15 U.S.C. 2697, 28 U.S.C. 2461 corrected. for review in the docket for this rule on note, 42 U.S.C. 3535(d), 5403, 5404, 5424. Regulations.gov. List of Subjects in 26 CFR Part 1 Susan A. Betts, Income taxes, Reporting and Regulatory Flexibility Act Deputy Assistant Secretary for Finance and The Regulatory Flexibility Act (RFA) Budget, Office of Housing—Federal Housing recordkeeping requirements. (5 U.S.C. 601 et seq.) generally requires Administration. Correction of Publication an agency to conduct a regulatory [FR Doc. 2021–05010 Filed 3–9–21; 8:45 am] Accordingly, 26 CFR part 1 is flexibility analysis of any rule subject to BILLING CODE 4210–67–P corrected by making the following notice and comment rulemaking correcting amendments: requirements, unless the agency certifies that the rule will not have a significant PART 1—INCOME TAXES economic impact on a substantial number of small entities. HUD has ■ Paragraph 1. The authority citation determined that this final rule imposes for part 1 continues to read in part as no additional requirements, and does follows:

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Authority: 26 U.S.C. 7805 * * * look-through partnership because TFC more active trades or businesses is $4x ■ Par. 2. Section 1.1297–0 is amended satisfies the active partner tests of both (from investment of disposition by revising the entry for § 1.1297– paragraphs (g)(4)(ii)(A) and (B) of this proceeds). * * * 2(g)(12) to read as follows: section. * * * * * * * * * * * * * § 1.1297–0 Table of contents. § 1.1298–4 [Amended] ■ Par. 5. Section 1.1297–4 is amended * * * * * by: ■ Par. 7. Section 1.1298–4(f) is amended ■ § 1.1297–2 Special rules regarding look- a. Revising paragraph (d)(6). by removing ‘‘Janyuary’’ and adding in through subsidiaries and look-through ■ b. Removing ‘‘written by a’’ in its place ‘‘January’’. paragraph (f)(5) and adding in its place partnerships. Crystal Pemberton, * * * * * ‘‘written by, a’’. The revision reads as follows: Senior Federal Register Liaison, Legal (g) * * * Processing Division, Associate Chief Counsel (12) TFC obligation. § 1.1297–4 Qualifying insurance (Procedure and Administration). * * * * * corporation. [FR Doc. 2021–04789 Filed 3–9–21; 8:45 am] ■ Par. 3. Section 1.1297–1 is amended * * * * * BILLING CODE 4830–01–P by: (d) * * * ■ a. Removing ‘‘§ 1.1297–2(b)(2)(i))’’ in (6) Stock ownership. For purposes of the first sentence of paragraph this section, ownership of stock in a DEPARTMENT OF THE TREASURY (d)(1)(v)(C)(1) and adding in its place foreign corporation means either direct Internal Revenue Service ‘‘§ 1.1297–2(b)(2)(i)’’. ownership of such stock or indirect ■ b. Revising paragraph (f)(8). ownership determined using the rules 26 CFR Part 1 The revision reads as follows: specified in § 1.1291–1(b)(8) (but § 1.1297–1 Definition of passive foreign without regard to the 50 percent investment company. ownership requirement of § 1.1291– [TD 9936] * * * * * 1(b)(8)(ii)(A)). (f) * * * * * * * * RIN 1545–BO59 (8) Related person. For purposes of ■ Par. 6. Section 1.1298–2 is amended applying the rules of this section and Guidance on Passive Foreign by revising the second sentence of Investment Companies; Correction § 1.1297–2 with respect to section paragraph (c)(3), the second sentence of 1297(b)(2)(C), the term means a related paragraph (f)(1)(i)(B), and the first AGENCY: Internal Revenue Service (IRS), person within the meaning of section sentence of paragraph (f)(2)(ii) to read as Treasury. 954(d)(3). follows: ACTION: Final regulations; correction. * * * * * § 1.1298–2 Rules for certain corporations ■ Par. 4. Section 1.1297–2 is amended changing businesses. SUMMARY: This document contains by: corrections to the final regulations * * * * * ■ a. Removing ‘‘of this section))’’ in the (Treasury Decision 9936), that were (c) * * * first sentence of paragraph (b)(3)(i) and published in the Federal Register on (3) * * * However, if activities adding in its place ‘‘of this section)’’. Friday, January 15, 2021. The final performed by the officers and ■ b. Revising the first sentence of regulations regarding the determination employees of a look-through subsidiary paragraph (c)(4)(iii)(B). of whether a foreign corporation is of a corporation or of a look-through ■ c. Removing ‘‘PFIC .’’ at the end of treated as a passive foreign investment partnership (including a look-through paragraph (e)(3)(i)(B)(1) and adding in company (‘‘PFIC’’) for purposes of the subsidiary or a look-through partnership its place ‘‘PFIC.’’ Internal Revenue Code (‘‘Code’’), and with respect to which paragraph (d) of ■ d. Revising the first sentence of the application and scope of certain this section applies) would be taken into paragraph (g)(4)(iv)(A)(2)(iii). rules that determine whether a United account by the corporation pursuant to The revisions read as follows: States person that indirectly holds stock § 1.1297–2(e) if it applied, such in a PFIC is treated as a shareholder of § 1.1297–2 Special rules regarding look- activities are taken into account for the PFIC. through subsidiaries and look-through purposes of the determination of the partnerships. existence of an active trade or business DATES: These corrections are effective * * * * * and the determination of whether assets on March 10, 2021 and applicable on or (c) * * * are used in an active trade or business. after January 15, 2021. (4) * * * FOR FURTHER INFORMATION CONTACT: (iii) * * * * * * * * Concerning the regulations §§ 1.1291–0 (B) * * * The results are the same as (f) * * * and 1.1291–1, 1.1297–0 through 1.1297– in paragraph (c)(4)(ii)(B) of this section (1) * * * 2, 1.1298–0, 1.1298–2, and 1.1298–4, (the results in Example 2), except that (i) * * * Christina G. Daniels at (202) 317–6934; TFC’s assets also do not include the (B) * * * The residual gain computed concerning the regulations §§ 1.1297–4 stock of LTS2. under § 1.1297–2(f)(2) on the sale of the *** FS stock is $10x. * * * and 1.1297–6, Josephine Firehock at (202) 317–4932 (not toll-free numbers). * * * * * * * * * * (g) * * * (2) * * * SUPPLEMENTARY INFORMATION: (ii) * * * The results are the same as (4) * * * Background (iv) * * * in paragraph (f)(1)(ii) of this section (the (A) * * * results in Example 1), except that under The final regulations (TD 9936) that (2) *** paragraph (c)(1) of this section, the are the subject of this correction are (iii) * * * For purposes of paragraph passive income considered attributable issued under sections 1297 and 1298 of (b)(3) of this section, FPS qualifies as a to proceeds from a disposition of one or the Internal Revenue Code.

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Need for Correction available in the docket, go to https:// III. Legal Authority and Need for Rule As published the final regulations (TD www.regulations.gov, type USCG–2021– 0133 in the ‘‘SEARCH’’ box and click The Coast Guard is issuing this rule 9936) that contain errors that need to be under authority in 46 U.S.C. 70034. The corrected. ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this Captain of the Port Sector San Diego Correction of Publication rule. (COTP) has determined that the presence of the military vessel at this Accordingly, the final regulations (TD FOR FURTHER INFORMATION CONTACT: If 9936) that are the subject of FR Doc. location presents a potential target for you have questions on this rule, call or terrorist attack, sabotage, or other 2020–27009, which published on email Lieutenant John Santorum, January 15, 2021 (86 FR 4516), are subversive acts, accidents, or other Waterways Management, U.S. Coast causes of similar nature. This rule is corrected as follows: Guard Sector San Diego, CA; telephone 1. On page 4532, the third column, needed to protect the military vessel, 619–278–7656, email MarineEventsSD@ the ninth line from the bottom of the personnel in and around the military uscg.mil. last partial paragraph, the language vessel, navigable waterways, and ‘‘claims’’ is corrected to read ‘‘claims,’’. SUPPLEMENTARY INFORMATION: waterfront facilities while the vessel is 2. On page 4534, the third column, docked at the 10th Avenue Marine the tenth line from the bottom of the I. Table of Abbreviations Terminal. first partial paragraph, the language CFR Code of Federal Regulations IV. Discussion of the Rule ‘‘1000’’ is corrected to read ‘‘1,000’’. DHS Department of Homeland Security 3. On page 4541, the third column, FR Federal Register This rule establishes a security zone the last line of the third paragraph by NPRM Notice of proposed rulemaking from 8:30 a.m. until 10:30 a.m. on removing the language ‘‘Id.’’. § Section March 10, 2021. The security zone will 4. On page 4553, the second column, U.S.C. United States Code cover all navigable waters within a 200- the last line of the first full paragraph, yard radius around the USCGC the language ‘‘[X]’’ is corrected to read II. Background Information and BERTHOLF while berthed at 10th ‘‘1545–1002’’. Regulatory History Avenue Marine Terminal in San Diego, Crystal Pemberton, The Coast Guard is issuing this CA. The duration of the zone is Senior Federal Register Liaison, Legal temporary rule without prior notice and intended to protect the military vessel, Processing Division, Associate Chief Counsel opportunity to comment pursuant to personnel in and around the military (Procedure and Administration). authority under section 4(a) of the vessel, navigable waterways, and [FR Doc. 2021–04790 Filed 3–9–21; 8:45 am] Administrative Procedure Act (APA) (5 waterfront facilities while the vessel is BILLING CODE 4830–01–P U.S.C. 553(b)). This provision docked at the 10th Avenue Marine authorizes an agency to issue a rule Terminal. No vessel or person will be without prior notice and opportunity to permitted to enter the security zone DEPARTMENT OF HOMELAND comment when the agency for good without obtaining permission from the SECURITY cause finds that those procedures are COTP or a designated representative. ‘‘impracticable, unnecessary, or contrary Coast Guard to the public interest.’’ Under 5 U.S.C. V. Regulatory Analyses 553(b)(B), the Coast Guard finds that 33 CFR Part 165 good cause exists for not publishing a We developed this rule after notice of proposed rulemaking (NPRM) considering numerous statutes and [Docket Number USCG–2021–0133] with respect to this rule because it Executive orders related to rulemaking. RIN 1625–AA87 would be impracticable based on the Below we summarize our analyses unpredictable nature of vessel based on a number of these statutes and Security Zone; San Diego Bay, San operations and the fact that details of Executive orders, and we discuss First Diego, CA the port call were not finalized until Amendment rights of protestors. AGENCY: Coast Guard, DHS. March 3, 2021. This security zone is A. Regulatory Planning and Review ACTION: Temporary final rule. required to protect the military vessel, personnel in and around the military Executive Orders 12866 and 13563 SUMMARY: The Coast Guard is vessel, navigable waterways, and direct agencies to assess the costs and establishing a temporary security zone waterfront facilities while the vessel is benefits of available regulatory for all navigable waters within a 200- docked at the 10th Avenue Marine alternatives and, if regulation is yard radius of the U.S. Coast Guard Terminal. It is impracticable to publish necessary, to select regulatory Cutter (USCGC) BERTHOLF while an NPRM because we must establish approaches that maximize net benefits. berthed at 10th Avenue Marine this security zone by March 10, 2021. This rule has not been designated a Terminal in San Diego, CA. The security Under 5 U.S.C. 553(d)(3), the Coast ‘‘significant regulatory action,’’ under zone is needed to protect the military Guard finds that good cause exists for Executive Order 12866. Accordingly, vessel, personnel in and around the making this rule effective less than 30 this rule has not been reviewed by the military vessel, navigable waterways, days after publication in the Federal Office of Management and Budget and waterfront facilities. Entry of Register. Delaying the effective date of (OMB). vessels or persons into this zone is this rule would be impracticable This regulatory action determination prohibited unless specifically because the security zone is needed on is based on the size, location, and authorized by the Captain of the Port March 10, 2021 to provide for the limited duration of the security zone. San Diego. security of the military vessel, personnel This zone impacts a small designated DATES: This rule is effective from 8:30 in and around the military vessel, area of the San Diego Bay for a very a.m. until 10:30 a.m. on March 10, 2021. navigable waterways, and waterfront limited period. Furthermore, vessel ADDRESSES: To view documents facilities while the vessel is docked at traffic can safely transit around the mentioned in this preamble as being the 10th Avenue Marine Terminal. security zone.

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B. Impact on Small Entities power and responsibilities among the message can be received without The Regulatory Flexibility Act of various levels of government. We have jeopardizing the safety or security of 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and people, places, or vessels. have determined that it is consistent requires Federal agencies to consider List of Subjects in 33 CFR Part 165 the potential impact of regulations on with the fundamental federalism principles and preemption requirements small entities during rulemaking. The Harbors, Marine safety, Navigation described in Executive Order 13132. term ‘‘small entities’’ comprises small (water), Reporting and recordkeeping Also, this rule does not have tribal requirements, Security measures, businesses, not-for-profit organizations implications under Executive Order that are independently owned and Waterways. 13175, Consultation and Coordination For the reasons discussed in the operated and are not dominant in their with Indian Tribal Governments, preamble, the Coast Guard amends 33 fields, and governmental jurisdictions because it does not have a substantial CFR part 165 as follows: with populations of less than 50,000. direct effect on one or more Indian The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the 605(b) that this rule will not have a PART 165—REGULATED NAVIGATION Federal Government and Indian tribes, AREAS AND LIMITED ACCESS AREAS significant economic impact on a or on the distribution of power and substantial number of small entities. responsibilities between the Federal ■ 1. The authority citation for part 165 While some owners or operators of Government and Indian tribes. vessels intending to transit the security continues to read as follows: zone may be small entities, for the E. Unfunded Mandates Reform Act Authority: 46 U.S.C. 70034, 70051; 33 CFR reasons stated in section V.A. above, The Unfunded Mandates Reform Act 1.05–1, 6.04–1, 6.04–6, and 160.5; this rule will not have a significant of 1995 (2 U.S.C. 1531–1538) requires Department of Homeland Security Delegation No. 0170.1. economic impact on any vessel owner Federal agencies to assess the effects of or operator. their discretionary regulatory actions. In ■ 2. Add § 165.T11–050 to read as Under section 213(a) of the Small particular, the Act addresses actions follows: Business Regulatory Enforcement that may result in the expenditure by a Fairness Act of 1996 (Pub. L. 104–121), State, local, or tribal government, in the § 165.T11–050 Security Zone; San Diego we want to assist small entities in aggregate, or by the private sector of Bay; San Diego, CA. understanding this rule. If the rule $100,000,000 (adjusted for inflation) or (a) Location. The following area is a would affect your small business, more in any one year. Though this rule security zone: All waters of San Diego organization, or governmental will not result in such an expenditure, Bay, from surface to bottom, within a jurisdiction and you have questions we do discuss the effects of this rule 200-yard radius of the U.S. Coast Guard concerning its provisions or options for elsewhere in this preamble. Cutter BERTHOLF while berthed at 10th compliance, please call or email the Avenue Marine Terminal in San Diego, F. Environment person listed in the FOR FURTHER CA. INFORMATION CONTACT section. We have analyzed this rule under (b) Definitions. As used in this Small businesses may send comments Department of Homeland Security section, designated representative on the actions of Federal employees Directive 023–01, Rev. 1, associated means a Coast Guard Patrol who enforce, or otherwise determine implementing instructions, and Commander, including a Coast Guard compliance with, Federal regulations to Environmental Planning COMDTINST coxswain, petty officer, or other officer the Small Business and Agriculture 5090.1 (series), which guide the Coast operating a Coast Guard vessel and a Regulatory Enforcement Ombudsman Guard in complying with the National Federal, State, and local officer and the Regional Small Business Environmental Policy Act of 1969 (42 designated by or assisting the Captain of Regulatory Fairness Boards. The U.S.C. 4321–4370f), and have the Port Sector San Diego (COTP) in the Ombudsman evaluates these actions determined that this action is one of a enforcement of the security zone. annually and rates each agency’s category of actions that do not (c) Regulations. (1) Under the general responsiveness to small business. If you individually or cumulatively have a security zone regulations in subpart D of wish to comment on actions by significant effect on the human this part, you may not enter the security employees of the Coast Guard, call 1– environment. This rule involves zone described in paragraph (a) of this 888–REG–FAIR (1–888–734–3247). The establishment of a security zone lasting section unless authorized by the COTP Coast Guard will not retaliate against only 2 hours on the navigable waters of or the COTP’s designated representative. small entities that question or complain San Diego Bay. It is categorically about this rule or any policy or action excluded from further review under (2) To seek permission to enter, of the Coast Guard. paragraph L60(a) of Appendix A, Table contact the COTP or the COTP’s 1 of DHS Instruction Manual 023–01– representative by VHF Channel 16. C. Collection of Information 001–01, Rev. 1. A Record of Those in the security zone must comply This rule will not call for a new Environmental Consideration with all lawful orders or directions collection of information under the supporting this determination is given to them by the COTP or the Paperwork Reduction Act of 1995 (44 available in the docket. For instructions COTP’s designated representative. U.S.C. 3501–3520). on locating the docket, see the (d) Enforcement period. This section will be enforced from 8:30 a.m. until D. Federalism and Indian Tribal ADDRESSES section of this preamble. 10:30 a.m. on March 10, 2021. Governments G. Protest Activities Dated: March 5, 2021. A rule has implications for federalism The Coast Guard respects the First T.J. Barelli, under Executive Order 13132, Amendment rights of protesters. Federalism, if it has a substantial direct Protesters are asked to call or email the Captain, U.S. Coast Guard, Captain of the Port Sector San Diego. effect on the States, on the relationship person listed in the FOR FURTHER between the National Government and INFORMATION CONTACT section to [FR Doc. 2021–05079 Filed 3–9–21; 8:45 am] the States, or on the distribution of coordinate protest activities so that your BILLING CODE 9110–04–P

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DEPARTMENT OF HOMELAND ‘‘impracticable, unnecessary, or contrary through MM 60 in the vicinity of SECURITY to the public interest.’’ Under 5 U.S.C. Moncla, LA. The duration of this safety 553(b)(B), the Coast Guard finds that zone is intended to ensure the safety of Coast Guard good cause exists for not publishing a waterway users on these navigable notice of proposed rulemaking (NPRM) waters during line pulling operations. 33 CFR Part 165 with respect to this rule because it is Entry of persons or vessels into this impracticable. Immediate action is [Docket Number USCG–2021–0021] safety zone is prohibited unless needed to protect persons and property authorized by the COTP or a designated RIN 1625–AA00 from the potential safety hazards representative. A designated associated with line pulling operations. Safety Zone; Red River, Mile Marker 59, Initially, these operations were set to representative is a commissioned, Moncla, LA begin from March 4, 2021 through warrant, or petty officer of the U.S. Coast Guard assigned to units under the AGENCY: Coast Guard, DHS. March 10, 2021. However, the contractor handling the line pulling operational control of USCG Sector ACTION: Temporary final rule. operations informed us that they cannot Lower Mississippi River. Persons or vessels seeking to enter the safety zones SUMMARY: The Coast Guard is start the work until March 11, 2021. A must request permission from the COTP establishing a temporary safety zone for temporary final rule for these operations or a designated representative on VHF– all navigable waters of the Red River was published in the Federal Register FM channel 16 or by telephone at 901– (RR), Mile Marker 58 through 60. The on March 4, 2021 (86 FR 12543). The safety zone is needed to protect persons, NPRM process would delay the 521–4822. If permission is granted, all property, and the marine environment establishment of the safety zone until persons and vessels shall comply with from the potential safety hazards after the date of the event and the instructions of the COTP or associated with line pulling operations compromise public safety. We must designated representative. The COTP or in the vicinity of Moncla, LA. Entry of establish this temporary safety zone a designated representative will inform persons or vessels into this zone is immediately and lack sufficient time to the public of the enforcement times and prohibited unless authorized by the provide a reasonable comment period date for this safety zone through Captain of the Port Sector Lower and then consider those comments Broadcast Notices to Mariners (BNMs), Mississippi River or a designated before issuing the rule. Local Notices to Mariners (LNMs), and/ representative. Under 5 U.S.C. 553(d)(3), the Coast or Marine Safety Information Bulletins Guard finds that good cause exists for (MSIBs), as appropriate. DATES: This rule is effective March 11, making this rule effective less than 30 2021 through March 25, 2021. days after publication in the Federal V. Regulatory Analyses ADDRESSES: Register. Delaying the effective date of To view documents We developed this rule after mentioned in this preamble as being this rule would be contrary to the public considering numerous statutes and available in the docket, go to https:// interest because immediate action is Executive orders related to rulemaking. www.regulations.gov, type USCG–2021– needed to respond to the potential Below we summarize our analyses 0021 in the ‘‘SEARCH’’ box and click safety hazards associated with the line based on a number of these statutes and ‘‘SEARCH.’’ Click on Open Docket pulling operations in the vicinity of Executive orders, and we discuss First Folder on the line associated with this Moncla, LA. Amendment rights of protestors. rule. III. Legal Authority and Need for Rule FOR FURTHER INFORMATION CONTACT: If A. Regulatory Planning and Review The Coast Guard is issuing this rule you have questions on this rule, call or under authority in 46 U.S.C. 70034 email MSTC Lindsey Swindle, U.S. Executive Orders 12866 and 13563 (previously 33 U.S.C. 1231). The Coast Guard; telephone 901–521–4813, direct agencies to assess the costs and Captain of the Port Sector Lower email [email protected]. benefits of available regulatory Mississippi River (COTP) has alternatives and, if regulation is SUPPLEMENTARY INFORMATION: determined that potential hazards necessary, to select regulatory I. Table of Abbreviations associated with the line pulling approaches that maximize net benefits. operations, would be a safety concern This rule has not been designated a CFR Code of Federal Regulations for all persons and vessels on the Red COTP Captain of the Port Sector Lower ‘‘significant regulatory action,’’ under Mississippi River River between MM 58 and MM 60 in the Executive Order 12866. Accordingly, DHS Department of Homeland Security vicinity of Moncla, LA. This rule is this rule has not been reviewed by the FR Federal Register needed to protect persons, property, Office of Management and Budget NPRM Notice of proposed rulemaking infrastructure, and the marine (OMB). § Section environment in all waters of the RR U.S.C. United States Code within the safety zone while line This regulatory action determination pulling operations are being conducted. is based on the size, location, and II. Background Information and duration of the safety zone. This Regulatory History IV. Discussion of the Rule emergency safety zone will temporarily The Coast Guard is issuing this This rule establishes a temporary restrict navigation on the RR at MM 58 temporary rule without prior notice and safety zone from March 11, 2021 through 60 in the vicinity of Moncla, opportunity to comment pursuant to through March 25, 2021. Initially, these LA., from March 11, 2021 through authority under section 4(a) of the operations were set to begin on March March 25, 2021. Moreover, The Coast Administrative Procedure Act (APA) (5 4, 2021 through March 10, 2021. Guard will issue Broadcast Notices to U.S.C. 553(b)). This provision However, the contractor handling the Mariners (BNMs), Local Notices to authorizes an agency to issue a rule line pulling operations informed us that Mariners (LNMs), and/or Marine Safety without prior notice and opportunity to they cannot start work until March 11, Information Bulletins (MSIBs), as comment when the agency for good 2021. The safety zone will cover all appropriate. The rule allows vessels to cause finds that those procedures are navigable waters of the RR from MM 58 seek permission to enter the zone.

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B. Impact on Small Entities power and responsibilities among the Protesters are asked to call or email the The Regulatory Flexibility Act of various levels of government. We have person listed in the FOR FURTHER 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and INFORMATION CONTACT section to requires Federal agencies to consider have determined that it is consistent coordinate protest activities so that your the potential impact of regulations on with the fundamental federalism message can be received without principles and preemption requirements small entities during rulemaking. The jeopardizing the safety or security of described in Executive Order 13132. term ‘‘small entities’’ comprises small people, places or vessels. Also, this rule does not have tribal businesses, not-for-profit organizations implications under Executive Order List of Subjects in 33 CFR Part 165 that are independently owned and 13175, Consultation and Coordination Harbors, Marine safety, Navigation operated and are not dominant in their with Indian Tribal Governments, fields, and governmental jurisdictions (water), Reporting and recordkeeping because it does not have a substantial requirements, Security measures, with populations of less than 50,000. direct effect on one or more Indian The Coast Guard certifies under 5 U.S.C. Waterways. tribes, on the relationship between the For the reasons discussed in the 605(b) that this rule will not have a Federal Government and Indian tribes, significant economic impact on a preamble, the Coast Guard amends 33 or on the distribution of power and CFR part 165 as follows: substantial number of small entities. responsibilities between the Federal While some owners or operators of Government and Indian tribes. vessels intending to transit the PART 165—REGULATED NAVIGATION temporary safety zone may be small E. Unfunded Mandates Reform Act AREAS AND LIMITED ACCESS AREAS entities, for the reasons stated in section The Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 V.A above, this rule will not have a of 1995 (2 U.S.C. 1531–1538) requires continues to read as follows: significant economic impact on any Federal agencies to assess the effects of vessel owner or operator. their discretionary regulatory actions. In Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Under section 213(a) of the Small particular, the Act addresses actions Business Regulatory Enforcement Department of Homeland Security Delegation that may result in the expenditure by a No. 0170.1. Fairness Act of 1996 (Pub. L. 104–121), State, local, or tribal government, in the we want to assist small entities in aggregate, or by the private sector of ■ 2. Add § 165.T08–0021 to read as understanding this rule. If the rule $100,000,000 (adjusted for inflation) or follows: would affect your small business, more in any one year. Though this rule § 165.T08–0021 Safety Zone; Red River, organization, or governmental will not result in such an expenditure, Mile Marker 59, Moncla, LA jurisdiction and you have questions we do discuss the effects of this rule (a) Location. The following area is a concerning its provisions or options for elsewhere in this preamble. compliance, please call or email the safety zone: All navigable waters of the person listed in the FOR FURTHER F. Environment Red River at Mile Marker (MM) 58 INFORMATION CONTACT section. We have analyzed this rule under through 60 in the vicinity of Moncla, Small businesses may send comments Department of Homeland Security LA. on the actions of Federal employees Directive 023–01, Rev. 1, associated (b) Regulations. (1) Under the general who enforce, or otherwise determine implementing instructions, and safety zone regulations in subpart C of compliance with, Federal regulations to Environmental Planning COMDTINST this part, you may not enter the safety the Small Business and Agriculture 5090.1 (series), which guide the Coast zone described in paragraph (a) of this Regulatory Enforcement Ombudsman Guard in complying with the National section unless authorized by the Captain and the Regional Small Business Environmental Policy Act of 1969 (42 of the Port Sector Lower Mississippi Regulatory Fairness Boards. The U.S.C. 4321–4370f), and have River (COTP) or the COTP’s designated Ombudsman evaluates these actions determined that this action is one of a representative. A designated annually and rates each agency’s category of actions that do not representative is a commissioned, responsiveness to small business. If you individually or cumulatively have a warrant, or petty officer of the U.S. wish to comment on actions by significant effect on the human Coast Guard assigned to units under the employees of the Coast Guard, call 1– environment. This rule involves a operational control of USCG Sector 888–REG–FAIR (1–888–734–3247). The temporary safety zone on the RR at MM Lower Mississippi River. Coast Guard will not retaliate against 58 through 60 in the vicinity of Moncla, (2) To seek permission to enter, small entities that question or complain LA, that will prohibit entry into this contact the COTP or the COTP’s about this rule or any policy or action zone. The safety zone will only be representative via VHF–FM channel 16 of the Coast Guard. enforced while operations preclude the or by telephone at 901–521–4822. Those safe navigation of the established in the safety zone must comply with all C. Collection of Information channel. It is categorically excluded lawful orders or directions given to This rule will not call for a new from further review under paragraph them by the COTP or the COTP’s collection of information under the L60(a) of Appendix A, Table 1 of DHS designated representative. Paperwork Reduction Act of 1995 (44 Instruction Manual 023–01–001–01, (c) Enforcement period. This section U.S.C. 3501–3520). Rev. 1. A Record of Environmental will be enforced from March 11, 2021 Consideration supporting this until March 25, 2021. D. Federalism and Indian Tribal (d) Information broadcasts. The COTP Governments determination is available in the docket. For instructions on locating the docket, or a designated representative will A rule has implications for federalism see the ADDRESSES section of this inform the public of the enforcement under Executive Order 13132, preamble. times and date for this safety zone Federalism, if it has a substantial direct through Broadcast Notices to Mariners, effect on the States, on the relationship G. Protest Activities Local Notices to Mariners, and/or Safety between the National Government and The Coast Guard respects the First Marine Information Broadcasts, as the States, or on the distribution of Amendment rights of protesters. appropriate.

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Dated: March 4, 2021. V. Discussion of the Temporary Interim Rule notice to announce the date, time, and R.S. Rhodes, VI. Regulatory Analyses location of such a meeting. A. Regulatory Planning and Review Captain, U.S. Coast Guard, Captain of the II. Table of Abbreviations Port Sector Lower Mississippi River. B. Impact on Small Entities C. Assistance for Small Entities [FR Doc. 2021–04948 Filed 3–9–21; 8:45 am] CFR Code of Federal Regulations D. Federalism and Indian Tribal COTP Captain of the Port Sector Lower BILLING CODE 9110–04–P Governments Mississippi River E. Unfunded Mandates Reform Act DHS Department of Homeland Security F. Environment FR Federal Register DEPARTMENT OF HOMELAND G. Protest Activities NPRM Notice of proposed rulemaking SECURITY I. Public Participation and Request for § Section U.S.C. United States Code Coast Guard Comments III. Background Information and The Coast Guard views public Regulatory History 33 CFR Part 165 participation as essential to effective [Docket Number USCG–2021–0123] rulemaking, and will consider all The Coast Guard is issuing this comments and material received during temporary interim rule without prior RIN 1625–AA00 the comment period. Your comment can notice and opportunity to comment pursuant to authority under section 4(a) Safety Zone; Arkansas River, Mile help shape the outcome of this of the Administrative Procedure Act Marker 126.6, Little Rock, AR rulemaking. If you submit a comment, please include the docket number for (APA) (5 U.S.C. 553(b)). This provision AGENCY: Coast Guard, DHS. this rulemaking, indicate the specific authorizes an agency to issue a rule ACTION: Temporary interim rule with section of this document to which each without prior notice and opportunity to request for comments. comment applies, and provide a reason comment when the agency for good for each suggestion or recommendation. cause finds that those procedures are SUMMARY: The Coast Guard is Your comment can help us amend this ‘‘impracticable, unnecessary, or contrary establishing a temporary safety zone for regulation so that it provides a better to the public interest.’’ Under 5 U.S.C. all navigable waters of the Arkansas solution to the problem we seek to 553(b)(B), the Coast Guard finds that River (AR), between Mile Marker (MM) address. We may issue a temporary final good cause exists for not publishing a 126 and MM 127. The safety zone is rule or other appropriate document in notice of proposed rulemaking (NPRM) needed to protect persons, property, and response to your comments. with respect to this temporary interim the marine environment from the We encourage you to submit rule because it is impracticable. potential safety hazards associated with comments through the Federal Delaying the effective date by first bridge construction in the vicinity of eRulemaking Portal at https:// publishing an NPRM would be contrary Little Rock, AR. Entry of persons or www.regulations.gov. If you cannot to the safety zone’s intended objections vessels into this zone is prohibited since immediate action is needed to submit your material by using https:// unless authorized by the Captain of the protect persons and property from the www.regulations.gov, call or email the Port Sector Lower Mississippi River or potential safety hazards associated with person in the FOR FURTHER INFORMATION a designated representative. the bridge construction. Such hazards CONTACT section of this temporary may include failing debris from the DATES: interim rule for alternate instructions. Effective date: This temporary interim construction project. Documents mentioned in this temporary rule is effective from March 10, 2021 Under 5 U.S.C. 553(d)(3), the Coast interim rule as being available in the until July 12, 2021. Guard finds that good cause exists for Comments due date: Comments and docket, and all public comments, will making this temporary interim rule related material must reach the Coast be available in our online docket at effective less than 30 days after Guard on or before April 9, 2021. https://www.regulations.gov, and can be publication in the Federal Register. Due viewed by following that website’s ADDRESSES: to the need for immediate action, the To view documents instructions. We review all comments mentioned in this preamble as being restriction of vessel traffic is necessary received, but we will only post to protect life, property and the available in the docket, go to https:// comments that address the topic of the www.regulations.gov, type USCG–2021– environment. Therefore, a 30-day notice temporary interim rule. We may choose is impracticable. Delaying the effective 0123 in the ‘‘SEARCH’’ box and click not to post off-topic, inappropriate, or ‘‘SEARCH.’’ Click on Open Docket date of this temporary interim rule duplicate comments that we receive. If would be contrary to the public interest Folder on the line associated with this you visit the online docket and sign up temporar interim rule. because immediate action is needed to for email alerts, you will be notified protect persons and vessels from the FOR FURTHER INFORMATION CONTACT: If when comments are posted. you have questions on this temporary potential safety hazards associated with We accept anonymous comments. the bridge construction in the vicinity of interim rule, call or email MSTC Comments we post to https:// Lindsey Swindle, U.S. Coast Guard; Little Rock, AR. www.regulations.gov will include any We are soliciting comments on this telephone 901–521–4813, email personal information you have [email protected]. rulemaking. If the Coast Guard provided. For more about privacy and determines that changes to the SUPPLEMENTARY INFORMATION: submissions to the docket in response to temporary interim rule are necessary, Table of Contents for Preamble this document, see DHS’s eRulemaking we will publish a temporary final rule System of Records notice (85 FR 14226, or other appropriate document. I. Public Participation and Request for March 11, 2020). Comments We do not plan to hold a public IV. Legal Authority and Need for the II. Abbreviations Temporary Interim Rule III. Background Information and Regulatory meeting but we will consider doing so History if we determine from public comments The Coast Guard is issuing this IV. Legal Authority and Need for the that a meeting would be helpful. We temporary interim rule under authority Temporary Interim Rule would issue a separate Federal Register in 46 U.S.C. 70034 (previously 33 U.S.C.

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1231). The Captain of the Port Sector This temporary interim rule has not annually and rates each agency’s Lower Mississippi River (COTP) has been designated a ‘‘significant responsiveness to small business. If you determined that potential hazards regulatory action,’’ under Executive wish to comment on actions by associated with the bridge construction, Order 12866. Accordingly, this employees of the Coast Guard, call 1– would be a safety concern for all temporary interim rule has not been 888–REG–FAIR (1–888–734–3247). The persons and vessels on the Arkansas reviewed by the Office of Management Coast Guard will not retaliate against River between MM 126 and MM 127 in and Budget (OMB). small entities that question or complain the vicinity of Little Rock, AR. This This regulatory action determination about this temporary interim rule or any temporary interim rule is needed to is based on the size, location, and policy or action of the Coast Guard. protect persons, property, infrastructure, duration of the safety zone. This and the marine environment in all temporary safety zone will temporarily C. Collection of Information waters of the AR within the safety zone restrict navigation on the AR between This temporary interim rule will not while bridge construction is being MM 126 and MM 127 in the vicinity of call for a new collection of information conducted. Little Rock, AR, from March 10, 2021 under the Paperwork Reduction Act of through July 12, 2021. Moreover, The 1995 (44 U.S.C. 3501–3520). V. Discussion of the Temporary Interim Coast Guard will issue Broadcast Rule Notices to Mariners (BNMs), Local D. Federalism and Indian Tribal This temporary interim rule Notices to Mariners (LNMs), and/or Governments establishes a temporary safety zone from Marine Safety Information Bulletins A temporary interim rule has March 10, 2021 through July 12, 2021. (MSIBs), as appropriate. The temporary implications for federalism under The safety zone will cover all navigable interim rule allows vessels to seek Executive Order 13132, Federalism, if it waters of the AR between MM 126 and permission to enter the zone. has a substantial direct effect on the MM 127 in the vicinity of Little Rock, States, on the relationship between the B. Impact on Small Entities AR. The duration of this safety zone is National Government and the States, or intended to ensure the safety of The Regulatory Flexibility Act of on the distribution of power and waterway users on these navigable 1980, 5 U.S.C. 601–612, as amended, responsibilities among the various waters during the bridge construction. requires Federal agencies to consider levels of government. We have analyzed Entry of persons or vessels into this the potential impact of regulations on this temporary interim rule under that safety zone is prohibited unless small entities during rulemaking. The order and have determined that it is authorized by the COTP or a designated term ‘‘small entities’’ comprises small consistent with the fundamental representative. A designated businesses, not-for-profit organizations federalism principles and preemption representative is a commissioned, that are independently owned and requirements described in Executive warrant, or petty officer of the U.S. operated and are not dominant in their Order 13132. Coast Guard assigned to units under the fields, and governmental jurisdictions Also, this temporary interim rule does operational control of USCG Sector with populations of less than 50,000. not have tribal implications under Lower Mississippi River. Persons or The Coast Guard certifies under 5 U.S.C. Executive Order 13175, Consultation vessels seeking to enter the safety zones 605(b) that this temporary interim rule and Coordination with Indian Tribal must request permission from the COTP will not have a significant economic Governments, because it does not have or a designated representative on VHF– impact on a substantial number of small a substantial direct effect on one or FM channel 16 or by telephone at 901– entities. more Indian tribes, on the relationship 521–4822. If permission is granted, all While some owners or operators of between the Federal Government and persons and vessels shall comply with vessels intending to transit the Indian tribes, or on the distribution of the instructions of the COTP or temporary safety zone may be small power and responsibilities between the designated representative. The COTP or entities, for the reasons stated in section Federal Government and Indian tribes. a designated representative will inform V.A above, this temporary interim rule E. Unfunded Mandates Reform Act the public of the enforcement times and will not have a significant economic date for this safety zone through impact on any vessel owner or operator. The Unfunded Mandates Reform Act Broadcast Notices to Mariners (BNMs), Under section 213(a) of the Small of 1995 (2 U.S.C. 1531–1538) requires Local Notices to Mariners (LNMs), and/ Business Regulatory Enforcement Federal agencies to assess the effects of or Marine Safety Information Bulletins Fairness Act of 1996 (Pub. L. 104–121), their discretionary regulatory actions. In (MSIBs), as appropriate. we want to assist small entities in particular, the Act addresses actions understanding this temporary interim that may result in the expenditure by a VI. Regulatory Analyses rule. If the temporary interim rule State, local, or tribal government, in the We developed this temporary interim would affect your small business, aggregate, or by the private sector of rule after considering numerous statutes organization, or governmental $100,000,000 (adjusted for inflation) or and Executive orders related to jurisdiction and you have questions more in any one year. Though this rulemaking. Below we summarize our concerning its provisions or options for temporary interim rule will not result in analyses based on a number of these compliance, please call or email the such an expenditure, we do discuss the statutes and Executive orders, and we person listed in the FOR FURTHER effects of this temporary interim rule discuss First Amendment rights of INFORMATION CONTACT section. elsewhere in this preamble. protestors. Small businesses may send comments on the actions of Federal employees F. Environment A. Regulatory Planning and Review who enforce, or otherwise determine We have analyzed this temporary Executive Orders 12866 and 13563 compliance with, Federal regulations to interim rule under Department of direct agencies to assess the costs and the Small Business and Agriculture Homeland Security Directive 023–01, benefits of available regulatory Regulatory Enforcement Ombudsman Rev. 1, associated implementing alternatives and, if regulation is and the Regional Small Business instructions, and Environmental necessary, to select regulatory Regulatory Fairness Boards. The Planning COMDTINST 5090.1 (series), approaches that maximize net benefits. Ombudsman evaluates these actions which guide the Coast Guard in

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complying with the National section unless authorized by the Captain are consistent with the Clean Air Act Environmental Policy Act of 1969 (42 of the Port Sector Lower Mississippi (CAA or Act). U.S.C. 4321–4370f), and have River (COTP) or the COTP’s designated DATES: This rule is effective April 9, determined that this action is one of a representative. A designated 2021. category of actions that do not representative is a commissioned, ADDRESSES: EPA has established a individually or cumulatively have a warrant, or petty officer of the U.S. docket for this action under Docket significant effect on the human Coast Guard assigned to units under the Identification No. EPA–R04–OAR– environment. This temporary interim operational control of USCG Sector 2020–0092. All documents in the docket rule involves a temporary safety zone on Lower Mississippi River. are listed on the www.regulations.gov the AR between MM 126 and MM 127 (2) To seek permission to enter, website. Although listed in the index, in the vicinity of Little Rock, AR that contact the COTP or the COTP’s some information may not be publicly will prohibit entry into this zone. The representative via VHF–FM channel 16 available, i.e., Confidential Business temporary safety zone will only be or by telephone at 901–521–4822. Those Information or other information whose enforced while operations preclude the in the safety zone must comply with all disclosure is restricted by statute. safe navigation of the established lawful orders or directions given to Certain other material, such as channel. It is categorically excluded them by the COTP or the COTP’s copyrighted material, is not placed on from further review under paragraph designated representative. the internet and will be publicly L60(a) of Appendix A, Table 1 of DHS (c) Effective period. This section is available only in hard copy form. Instruction Manual 023–01–001–01, effective from March 10, 2021 until July Publicly available docket materials can Rev. 1. A Record of Environmental 12, 2021. either be retrieved electronically via Consideration supporting this (d) Information broadcasts. The COTP www.regulations.gov or in hard copy at determination is available in the docket. or a designated representative will the Air Regulatory Management Section, For instructions on locating the docket, inform the public of the enforcement Air Planning and Implementation see the ADDRESSES section of this times and date for this safety zone Branch, Air and Radiation Division, preamble. through Broadcast Notices to Mariners, U.S. Environmental Protection Agency, Local Notices to Mariners, and/or Safety G. Protest Activities Region 4, 61 Forsyth Street SW, Atlanta, Marine Information Broadcasts, as Georgia 30303–8960. EPA requests that The Coast Guard respects the First appropriate. if at all possible, you contact the person Amendment rights of protesters. Dated: March 4, 2021. listed in the FOR FURTHER INFORMATION Protesters are asked to call or email the R.S. Rhodes, CONTACT section to schedule your person listed in the FOR FURTHER inspection. The Regional Office’s INFORMATION CONTACT section to Captain, U.S. Coast Guard, Captain of the official hours of business are Monday coordinate protest activities so that your Port Sector Lower Mississippi River. through Friday 8:30 a.m. to 4:30 p.m., message can be received without [FR Doc. 2021–04949 Filed 3–9–21; 8:45 am] excluding Federal holidays. jeopardizing the safety or security of BILLING CODE 9110–04–P people, places or vessels. FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory List of Subjects in 33 CFR Part 165 ENVIRONMENTAL PROTECTION Management Section, Air Planning and Harbors, Marine safety, Navigation AGENCY Implementation Branch, Air and (water), Reporting and recordkeeping Radiation Division, Region 4, U.S. requirements, Security measures, 40 CFR Part 52 Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia Waterways. [EPA–R04–OAR–2020–0092; FRL–10021– For the reasons discussed in the 19–Region 4] 30303–8960. The telephone number is preamble, the Coast Guard amends 33 (404) 562–8994. Ms. LaRocca can also CFR part 165 as follows: Air Plan Approval; KY; Jefferson be reached via electronic mail at County; Existing and New VOC [email protected]. PART 165—REGULATED NAVIGATION Storage Vessels Rule Changes SUPPLEMENTARY INFORMATION: AREAS AND LIMITED ACCESS AREAS AGENCY: Environmental Protection I. Background ■ 1. The authority citation for part 165 Agency (EPA). EPA is approving changes to continues to read as follows: ACTION: Final rule. Regulation 6.13, Standards of Authority: 46 U.S.C. 70034, 70051; 33 CFR Performance for Existing Storage 1.05–1, 6.04–1, 6.04–6, and 160.5; SUMMARY: The Environmental Protection Vessels for Volatile Organic Department of Homeland Security Delegation Agency (EPA) is approving revisions to Compounds, and Regulation 7.12, No. 0170.1. the Jefferson County portion of the Standards of Performance for New ■ 2. Add § 165.T08–0123 to read as Kentucky State Implementation Plan Storage Vessels for Volatile Organic follows: (SIP), submitted by the Commonwealth Compounds, of the Louisville Metro Air of Kentucky, through the Energy and Pollution Control District portion of the § 165.T08–0123 Safety Zone; Arkansas Environment Cabinet (Cabinet), on Kentucky SIP, submitted by the River, Mile Marker 126.6, Little Rock, AR September 5, 2019. The revisions were Commonwealth on September 5, 2019. (a) Location. The following area is a submitted by the Cabinet on behalf of These modifications update the current safety zone: All navigable waters of the the Louisville Metro Air Pollution SIP-approved version of Regulation 6.13 Arkansas River between Mile Marker Control District (District or APCD) and (Version 7) and Regulation 7.12 (Version (MM) 126 and MM 127 in the vicinity make changes to the regulations for 7) to Version 8 of each. of Little Rock, AR. existing and new storage vessels for (b) Regulations. (1) Under the general volatile organic compounds (VOCs). II. EPA’s Analysis of the Revisions safety zone regulations in subpart C of EPA is approving the revisions that In its September 5, 2019, submittals, this part, you may not enter the safety regulate existing and new storage the District includes a modification that zone described in paragraph (a) of this vessels for VOCs because the changes changes the true vapor pressure criteria

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in subsection 5.1 of Regulations 6.13 changing the word ‘‘section’’ to existing general applicability provision and 7.12 from 1.0 pounds per square ‘‘subsection’’ in Regulation 6.13, Section (Section 1) and the VOC emission inch absolute (psia) to 1.5 psia to better 3; and replacing the term ‘‘VOCs’’ with limitations (Section 3). The emission align with the general applicability the phrase ‘‘volatile organic control standards for VOC compounds provision in Section 1 of those compounds’’ in Regulation 7.12, are contained in Section 3 of rules 6.13 regulations. Subsection 5.1 is a Sections 2 and 3. EPA has determined and 7.12, and none of them apply to monitoring requirement which applies that these changes will not interfere tanks storing VOCs with a true vapor only to storage vessels that: (1) Have an with attainment or maintenance of any pressure of less than 1.5 psia. In external floating roof, (2) have a NAAQS, reasonable further progress, or addition, as noted above, subsection 5.1 capacity of greater than 40,000 gallons, any other applicable requirement of the does not apply to any existing facilities and (3) are not equipped with a CAA because they are minor in nature and also would not apply to any future secondary seal or approved alternative and do not change the number of tanks storage vessels having a design capacity control technology. EPA notes that this that are subject to emission controls equal to or greater 40,000 gallons and change to the monitoring requirement under these regulations. storing liquids with a true vapor does not alter the number of tanks In a notice of proposed rulemaking pressure equal to or greater than 0.75 subject to emission controls. EPA also (NPRM) published on September 21, psia because NSPS subpart Kb requires notes that subsection 5.1 does not apply 2020 (85 FR 59256), EPA proposed to that a secondary seal be installed on all to any storage vessels that are newly approve the changes described above to such vessels that are newly constructed constructed or modified after July 23, the Jefferson County portion of the or modified. 1984, because such vessels would be Kentucky SIP provided on September 5, Comment 2: The Commenter states subject to EPA’s New Source 2019. The September 21, 2020, NPRM that ‘‘EPA should disapprove this SIP Performance Standards (NSPS) subpart provides additional detail regarding the because VOCs from existing stationary Kb, which requires that a secondary seal background and rationale for EPA’s tanks are emitting harmful pollutants be installed on all vessels with a design action. Comments on the September 21, into the air we breathe.’’ The capacity greater than or equal to 40,000 2020, NPRM were due on or before Commenter further states that EPA gallons and that store volatile organic October 21, 2020. Comments were ‘‘could also . . . not approve this SIP liquids with a maximum true vapor received on the September 21, 2020, because there are currently no viable pressure equal to or greater than 0.75 NPRM and are addressed below. ways to remove this pollution from psia. See 40 CFR 60.112b(a)(2). III. Response to Comments existing stationary tank wells’’ and that Furthermore, the District states that the ‘‘these pollutants are believed to monitoring requirement in subsection EPA received three comments on its continue entering and migrating 5.1 does not currently apply to any September 21, 2020, NPRM, one in favor underground from the existing wells facilities under their jurisdiction.1 For and two in opposition. These comments and into water bodies.’’ these reasons, EPA has determined, in are provided in the docket for this final Response 2: EPA disagrees with the accordance with CAA section 110(l), action. EPA has summarized and Commenter. A SIP is a federally these changes will not interfere with responded to the adverse comments enforceable plan for each state that attainment or maintenance of any below. identifies how that state will attain and national ambient air quality standards Comment 1: The Commenter contends maintain the NAAQS. In formulating its (NAAQS), reasonable further progress that EPA must quantify the potential SIP, each state is given wide discretion toward attainment of a NAAQS, or any emissions increase of raising the cutoff so long as it is consistent with all other applicable requirement of the threshold from 1.0 psia (7.0 kPa) to 1.5 applicable requirements of the CAA, CAA. psia (10.4 kPa) because ‘‘simply including section 110(l), and EPA must The September 5, 2019, SIP revisions reasoning that ‘a very small portion of approve SIP revisions that meet these also contain the following changes: hundreds of facilities [are applicable]’ is requirements. See CAA sections 110(a), Necessary renumbering of Regulation not a valid reason for determining (k). EPA initially incorporated 6.13, Section 2; revising units of compliance with CAA section 110(l).’’ Regulations 6.13 and 7.12 into the SIP pressure measurement from millimeters Response 1: EPA disagrees with the in 1980 and 1982, respectively, as part of mercury (mm Hg) to the International Commenter and notes that the comment of the District’s measures to attain and System of Units standard kilopascal improperly implies that the section maintain the NAAQS. See 45 FR 6092 (kPa) in Regulations 6.13 and 7.12, 110(l) analysis was based solely on the and 47 FR 25010. The SIP revisions at Sections 1 and 3; correcting 11.1 psia to District’s statement regarding the issue modify those regulations in the 11.0 psia as this is equivalent to the facilities that subsection 5.1 could manner described above and in the pressure of 570 mm Hg in Regulations theoretically apply to. As discussed NPRM, and EPA has determined that 6.13 and 7.12, Section 3; changing 10.3 above and in the NRPM, the removal of these revisions meet all applicable kPa to 10.4 kPa for consistency within the monitoring requirement in requirements of the CAA. Therefore, Section 3 of Regulation 7.12, Section subsection 5.1 for vessels storing VOCs EPA must approve the revisions. 3.4.3; clarifying that subsection 3.3 of less than 1.5 psia will have no impact Regarding the comment about existing applies only to vessels with a storage on emissions. Subsection 5.1 is a stationary tank wells, it is unclear what capacity of less than 40,000 gallons in monitoring requirement which applies the Commenter is referring to. 2 Regulations 6.13 and 7.12, Section 3; to certain types of storage vessels. The Regulations 6.13 and 7.12 contain District changed the true vapor pressure measures to control air pollution from 1 Kentucky SIP submittal, September 5, 2019, criteria of this monitoring requirement Louisville Metro Air Pollution Control District storage vessels of VOCs and do not Regulatory Impact Assessment, p. 2. from 1.0 psia to 1.5 psia to better align mention ‘‘wells.’’ To the extent that the 2 Although storage vessels with a capacity greater with the 1.5 psia threshold in the Commenter is concerned with potential than 40,000 gallons and vapor pressure equal to or non-air related environmental impacts, greater than 1.5 psia but not greater than 11.0 psia recovery system, or their equivalent, in accordance those impacts are beyond the scope of would no longer be required to install a permanent with subsection 3.1. The technology requirements submerged fill pipe, these sources would still be in subsection 3.1 are more effective control this action on Kentucky’s September 5, required to install a floating roof and a vapor technologies than a permanent submerged fill pipe. 2019, SIP revisions.

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IV. Incorporation by Reference the CAA. This action merely approves submit a rule report, which includes a In this document, EPA is finalizing state law as meeting Federal copy of the rule, to each House of the regulatory text that includes requirements and does not impose Congress and to the Comptroller General incorporation by reference. In additional requirements beyond those of the United States. EPA will submit a accordance with requirements of 1 CFR imposed by state law. For that reason, report containing this action and other this action: required information to the U.S. Senate, 51.5, EPA is finalizing the incorporation • by reference APCD Regulation 6.13, Is not a significant regulatory action the U.S. House of Representatives, and Standards of Performance for Existing subject to review by the Office of the Comptroller General of the United Storage Vessels for Volatile Organic Management and Budget under States prior to publication of the rule in Compounds, Version 8, and Regulation Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule 7.12, Standards of Performance for New October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it January 21, 2011); is published in the Federal Register. Storage Vessels for Volatile Organic • Compounds, Version 8, effective June Does not impose an information This action is not a ‘‘major rule’’ as 19, 2019, which make minor collection burden under the provisions defined by 5 U.S.C. 804(2). amendments to units of measurement of the Paperwork Reduction Act (44 Under section 307(b)(1) of the CAA, U.S.C. 3501 et seq.); and the applicability of standards for • petitions for judicial review of this both existing and new storage vessels Is certified as not having a action must be filed in the United States for VOCs, and which make minor significant economic impact on a Court of Appeals for the appropriate editorial changes for internal substantial number of small entities circuit by May 10, 2021. Filing a consistency. EPA has made, and will under the Regulatory Flexibility Act (5 petition for reconsideration by the U.S.C. 601 et seq.); continue to make, these materials • Administrator of this final rule does not generally available through Does not contain any unfunded affect the finality of this action for the www.regulations.gov and at the EPA mandate or significantly or uniquely purposes of judicial review nor does it Region 4 office (please contact the affect small governments, as described extend the time within which a petition person identified in the FOR FURTHER in the Unfunded Mandates Reform Act for judicial review may be filed, and INFORMATION CONTACT section of this of 1995 (Pub. L. 104–4); shall not postpone the effectiveness of • Does not have federalism preamble for more information). such rule or action. This action may not implications as specified in Executive Therefore, these materials have been be challenged later in proceedings to Order 13132 (64 FR 43255, August 10, approved by EPA for inclusion in the enforce its requirements. See section 1999); SIP, have been incorporated by • 307(b)(2). reference by EPA into the plan, are fully Is not an economically significant federally enforceable under sections 110 regulatory action based on health or List of Subjects in 40 CFR Part 52 and 113 of the CAA as of the effective safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Environmental protection, Air date of the final rulemaking of EPA’s • pollution control, Incorporation by approval, and will be incorporated by Is not a significant regulatory action subject to Executive Order 13211 (66 FR reference, Ozone, Volatile organic reference in the next update to the SIP compounds. compilation.3 28355, May 22, 2001); • Is not subject to requirements of Dated: March 4, 2021. V. Final Action Section 12(d) of the National John Blevins, EPA is approving the changes to Technology Transfer and Advancement Acting Regional Administrator, Region 4. Regulation 6.13, Standards of Act of 1995 (15 U.S.C. 272 note) because Performance for Existing Storage application of those requirements would For the reasons stated in the Vessels for Volatile Organic be inconsistent with the CAA; and preamble, the EPA amends 40 CFR part Compounds, and Regulation 7.12, • Does not provide EPA with the 52 as follows: Standards of Performance for New discretionary authority to address, as PART 52—APPROVAL AND Storage Vessels for Volatile Organic appropriate, disproportionate human PROMULGATION OF Compounds, of the Jefferson County health or environmental effects, using IMPLEMENTATION PLANS portion of the Kentucky SIP, submitted practicable and legally permissible by the Commonwealth on September 5, methods, under Executive Order 12898 ■ 2019. The September 5, 2019, SIP (59 FR 7629, February 16, 1994). 1. The authority citation for part 52 revisions update the current SIP- The SIP is not approved to apply on continues to read as follows: approved version of Regulation 6.13 any Indian reservation land or in any Authority: 42 U.S.C. 7401 et seq. (Version 7) and Regulation 7.12 (Version other area where EPA or an Indian tribe 7) to Version 8 for each. EPA is has demonstrated that a tribe has Subpart S—Kentucky approving these changes for the reasons jurisdiction. In those areas of Indian discussed above. country, the rule does not have tribal ■ 2. In § 52.920(c), Table 2 is amended implications as specified by Executive under ‘‘Reg 6—Standards of VI. Statutory and Executive Order Order 13175 (65 FR 67249, November 9, Performance for Existing Affected Reviews 2000), nor will it impose substantial Facilities’’ by revising the entry for Under the CAA, the Administrator is direct costs on tribal governments or ‘‘6.13’’ and under ‘‘Reg 7—Standards of required to approve a SIP submission preempt tribal law. Performance for New Affected that complies with the provisions of the The Congressional Review Act, 5 Facilities’’ by revising the entry for Act and applicable Federal regulations. U.S.C. 801 et seq., as added by the Small ‘‘7.12’’ to read as follows: See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Business Regulatory Enforcement Thus, in reviewing SIP submissions, Fairness Act of 1996, generally provides § 52.920 Identification of plan. EPA’s role is to approve state choices, that before a rule may take effect, the * * * * * provided that they meet the criteria of agency promulgating the rule must (c) * * *

3 See 62 FR 27968 (May 22, 1997).

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TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY

District Reg Title/subject EPA Federal Register notice effective Explanation approval date date

*******

Reg 6—Standards of Performance for Existing Affected Facilities

******* 6.13 ...... Standard of Performance for Existing Storage March 10, 2021 .... [Insert citation of publi- 6/19/2019 Vessels for Volatile Organic Compounds. cation].

*******

Reg 7—Standards of Performance for New Affected Facilities

******* 7.12 ...... Standard of Performance for New Storage Ves- March 10, 2021 .... [Insert citation of publi- 6/19/2019 sels of Volatile Organic Compounds. cation].

*******

* * * * * SUPPLEMENTARY INFORMATION: The EPA corrections to the regulatory text match [FR Doc. 2021–04967 Filed 3–9–21; 8:45 am] is making the following corrections to the revisions described in the preamble BILLING CODE 6560–50–P the final rule, ‘‘Air Plan Approval; to the final rule. Thus, notice and Washington: Inspection and opportunity for public comment are Maintenance Program’’ as published in unnecessary. The EPA finds that this ENVIRONMENTAL PROTECTION the Federal Register on February 18, constitutes good cause under 5 U.S.C. AGENCY 2021 (86 FR 10026). That publication 553(b)(B). contained amendatory instruction 40 CFR Part 52 removing the entries ‘‘173–422–010’’, Federal Register Correction ‘‘173–422–020’’, ‘‘173–422–030’’, ‘‘173– In FR doc 2021–03033 at 86 FR 10026 [EPA–R10–OAR–2020–0174, FRL–10020– 422–031’’, ‘‘173–422–035’’, ‘‘173–422– in the issue of February 18, 2021, the 98–Region 10] 040’’, ‘‘173–422–050’’, ‘‘173–422–060’’, following corrections are made: ‘‘173–422–065’’, ‘‘173–422–070’’, ‘‘173– Air Plan Approval; Washington: 422–075’’, ‘‘173–422–090’’, ‘‘173–422– § 52.2470 [Corrected] Inspection and Maintenance Program; 095’’, ‘‘173–422–100’’, ‘‘173–422–120’’, Correction ‘‘173–422–145’’, ‘‘173–422–160’’, ‘‘173– ■ 1. On page 10027, in the third column, in amendment 2.a.ii., the instruction AGENCY: Environmental Protection 422–170’’, ‘‘173–422–175’’, ‘‘173–422– ‘‘Removing the entries ‘‘173–422–010’’, Agency (EPA). 090’’, and ‘‘173–422–095.’’ The correct citations for the last two entries for ‘‘173–422–020’’, ‘‘173–422–030’’, ‘‘173– ACTION: Final rule; correction. removal should have been ‘‘173–422– 422–031’’, ‘‘173–422–035’’, ‘‘173–422– 190’’ and ‘‘173–422–195.’’ This action 040’’, ‘‘173–422–050’’, ‘‘173–422–060’’, SUMMARY: The Environmental Protection ‘‘173–422–065’’, ‘‘173–422–070’’, ‘‘173– Agency (EPA) is correcting a final rule corrects the citations as intended in the 422–075’’, ‘‘173–422–090’’, ‘‘173–422– that appeared in the Federal Register on February 18, 2021 final rule. Section 553 of the Administrative 095’’, ‘‘173–422–100’’, ‘‘173–422–120’’, February 18, 2021, and that will become Procedure Act, 5 U.S.C. 553(b)(B), ‘‘173–422–145’’, ‘‘173–422–160’’, ‘‘173– effective on March 22, 2021. The EPA provides that, when an agency for good 422–170’’, ‘‘173–422–175’’, ‘‘173–422– finalized removal of the Inspection and cause finds that notice and public 090’’, and ‘‘173–422–095’’’’ is corrected Maintenance program from the active procedure are impracticable, to read ‘‘Removing the entries ‘‘173– control measure portion of unnecessary, or contrary to the public 422–010’’, ‘‘173–422–020’’, ‘‘173–422– Washington’s State Implementation interest, the agency may issue a rule 030’’, ‘‘173–422–031’’, ‘‘173–422–035’’, Plan. This action corrects inadvertent without providing notice and an ‘‘173–422–040’’, ‘‘173–422–050’’, ‘‘173– typographical errors in the Federal opportunity for public comment. The 422–060’’, ‘‘173–422–065’’, ‘‘173–422– Register. The corrections described in EPA has determined that there is good 070’’, ‘‘173–422–075’’, ‘‘173–422–090’’, this action do not affect the substantive cause for making this rule final without ‘‘173–422–095’’, ‘‘173–422–100’’, ‘‘173– requirements of the final rule prior proposal and opportunity for 422–120’’, ‘‘173–422–145’’, ‘‘173–422– implementing section 110 of the Clean comment because, as explained here, 160’’, ‘‘173–422–170’’, ‘‘173–422–175’’, Air Act. the changes to the rule are minor ‘‘173–422–190’’, and ‘‘173–422–195’’ ’’. DATES: This correction is effective on technical corrections, are Dated: March 3, 2021. March 22, 2021. noncontroversial in nature, and do not Michelle L. Pirzadeh, FOR FURTHER INFORMATION CONTACT: Jeff substantively change the requirements Hunt, EPA Region 10, 1200 Sixth of the final rule. Rather, the changes Acting Regional Administrator, Region 10. Avenue—Suite 155, Seattle, WA 98101, correct inadvertent typographical errors [FR Doc. 2021–04838 Filed 3–9–21; 8:45 am] at (206) 553–0256, or [email protected]. and redundant text. Additionally, the BILLING CODE 6560–50–P

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FEDERAL COMMUNICATIONS caused thereby, please contact Cathy authority for this collection of COMMISSION Williams, Federal Communications information is contained in sections 1, Commission, 45 L Street NE, 2, 4(i), 4(j), 5(c), 201, 302, 303, 304, 47 CFR Part 27 Washington, DC 20554, regarding OMB 307(e), 309, and 316 of the [GN Docket No. 18–122; FCC 20–22; FRS Control Number 3060–1281. Please Communications Act of 1934, as 17546] include the OMB Control Number in amended, 47 U.S.C. 151, 152, 154(i), your correspondence. The Commission 154(j), 155(c), 201, 302, 303, 304, 307(e), Expanding Flexible Use of the 3.7 to will also accept your comments via 309, and 316. 4.2 GHz Band email at [email protected]. Total Annual Burden: 120 hours. To request materials in accessible Total Annual Cost: No cost. AGENCY: Federal Communications formats for people with disabilities Privacy Act Impact Assessment: No Commission. (Braille, large print, electronic files, impact(s). ACTION: Final rule; announcement of audio format), send an email to fcc504@ Nature and Extent of Confidentiality: compliance date. fcc.gov or call the Consumer and The information collected under this Governmental Affairs Bureau at (202) collection will be made publicly SUMMARY: In this document, the 418–0530 (voice), (202) 418–0432 available. However, to the extent Commission announces that the Office (TTY). information submitted pursuant to this of Management and Budget has information collection is determined to approved the information collection Synopsis be confidential, it will be protected by requirements associated with the rules As required by the Paperwork the Commission. If a respondent seeks adopted in the Federal Communications Reduction Act of 1995 (44 U.S.C. 3507), to have information collected pursuant Commission’s 3.7 GHz Report and the Commission is notifying the public to this information collection withheld Order, FCC 20–22, 3.7 GHz requiring that it received final OMB approval on from public inspection, the respondent service licensees to comply with certain March 1, 2021, for the information may request confidential treatment technical rules and coordination collection requirements contained in 47 pursuant to § 0.459 of the Commission’s practices designed to reduce the risk of CFR 27.1424 and paragraph 384 of the rules for such information. interference to incumbent operations. 3.7 GHz Report and Order. Under 5 CFR Needs and Uses: On February 28, This document is consistent with the part 1320, an agency may not conduct 2020, in furtherance of the goal of 3.7 GHz Report and Order, FCC 20–22, or sponsor a collection of information releasing more mid-band spectrum into which states that the Commission will unless it displays a current, valid OMB the market to support and enabling publish a document in the Federal Control Number. next-generation wireless networks, the Register announcing a compliance date No person shall be subject to any Commission adopted a Report and for the new rule sections. penalty for failing to comply with a Order, FCC 20–22, (3.7 GHz Report and DATES: Compliance with 47 CFR collection of information subject to the Order), in which it reformed the use of 27.1424 and paragraph 384 of the 3.7 Paperwork Reduction Act that does not the 3.7–4.2 GHz band, also known as the GHz Report and Order published at 85 display a current, valid OMB Control C-band. Currently, the 3.7–4.2 GHz band FR 22804 on April 23, 2020, is required Number. The OMB Control Number for is allocated in the United States on March 10, 2021. the information collection requirements exclusively for non-Federal use on a in 47 CFR 27.1424 and paragraph 384 of primary basis for Fixed Satellite Service FOR FURTHER INFORMATION CONTACT: the 3.7 GHz Report and Order is 3060– (FSS) and Fixed Service. The 3.7 GHz Anna Gentry, Mobility Division, 1281. Report and Order calls for the relocation Wireless Telecommunications Bureau, The foregoing notice is required by of existing FSS operations in the band at (202) 418–7769 or Anna.Gentry@ the Paperwork Reduction Act of 1995, into the upper 200 megahertz of the fcc.gov. Public Law 104–13, October 1, 1995, band (4.0–4.2 GHz) and making the SUPPLEMENTARY INFORMATION: This and 44 U.S.C. 3507. lower 280 megahertz (3.7–3.98 GHz) document announces that the Office of The total annual reporting burdens available for flexible use throughout the Management and Budget (OMB) and costs for the respondents are as contiguous United States through a approved the information collection follows: Commission-administered public requirements in 47 CFR 27.1424 and OMB Control Number: 3060–1281. auction of overlay licenses. paragraph 384 of the 3.7 GHz Report OMB Approval Date: March 1, 2021. The Commission concluded in the 3.7 and Order. This rule was adopted in the OMB Expiration Date: March 31, GHz Report and Order that, once this 3.7 GHz Report and Order, FCC 20–22, 2024. transition is complete, coordination Title: 3.7 GHz Service Licensee and published at 85 FR 22804 on April 23, measures are needed to protect Earth Station Operator Agreements; 3.7 2020. The Commission publishes this incumbent C-band operations in the GHz Licensee Engineering Analysis. upper portion of the 3.7–4.2 GHz band. document as an announcement of the Form Number: N/A. compliance date for this new rule. OMB Respondents: Business or other for- 3.7 GHz Service licensees are required approval for all other new or amended profit entities; Not for profit institutions; to comply with certain technical rules rules for which OMB approval is State, Local or Tribal Government. and coordination practices designed to required will be requested, and Number of Respondents and reduce the risk of interference to compliance is not yet required for those Responses: 30 respondents; 30 incumbent operations. Specifically, 3.7 rules. Compliance with all new or responses. GHz Service licensees are required to amended rules adopted in the 3.7 GHz Estimated Time per Response: 2 hours comply with specific power flux density Report and Order that do not require to 5 hours. (PFD) limits to protect incumbent earth OMB approval is required as of June 22, Frequency of Response: stations from out-of-band emissions and 2020, see 85 FR 22804 (Apr. 23, 2020). Recordkeeping requirement; on blocking and to coordinate frequency If you have any comments on the occasion reporting requirements; third usage with incumbent Telemetry, burden estimates listed below, or how party disclosure requirement. Tracking, and Command (TT&C) earth the Commission can improve the Obligation To Respond: Required to stations. The 3.7 GHz Report and Order collections and reduce any burdens obtain or retain benefits. The statutory allows 3.7 GHz Service licensees and C-

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Band earth station operators to modify FEDERAL COMMUNICATIONS calling the Commission’s Consumer and these PFD limits, but it requires a 3.7 COMMISSION Governmental Affairs Bureau at (202) GHz Service licensee that is a party to 418–0530 (voice), (202) 418–0432 such an agreement to maintain a copy 47 CFR Part 74 (TTY). of the agreement in its station files and [MB Docket No. 18–119; FCC 20–141; FRS Synopsis disclose it, upon request, to prospective 17304] 1. Introduction. In this license assignees, transferees, or Reconsideration Order, adopted and spectrum lessees, and to the FM Translator Interference released on October 6, 2020, the Commission. The Commission also AGENCY: Federal Communications Commission addresses petitions for required any 3.7 GHz Service licensee Commission. reconsideration (Petitions) of the Report with base stations located within the ACTION: Final rule; dismissal and denial and Order, published at 84 FR 27734 appropriate coordination distance to of petitions. (June 14, 2019) (Report and Order) in provide upon request an engineering the FM translator interference analysis to the TT&C operator to SUMMARY: In this document, the Federal proceeding. The Commission dismisses demonstrate their ability to comply with Communications Commission or denies the arguments raised in the the applicable ¥6 dB I/N criteria. (Commission) addresses four petitions Petitions. It also corrects a cross The information that will be collected for reconsideration of a final rule reference contained in the rules (Petitions) filed by: Charles M. under this new information collection is established by the Report and Order. Anderson; the LPFM Coalition; KGIG– designed to ensure that 3.7 GHz Service 2. Background. In the Report and LP, Salida, California/Fellowship of the Order, the Commission adopted new licensees operate in a manner that Earth; and Skywaves Communications rules to improve the FM translator ensures incumbent C-band operations in LLC. The Petitions seek reconsideration interference complaint and resolution the upper portion of the 3.7–4.2 GHz of the Commission’s report and order in process. Specifically, it: (1) Gave FM band and TT&C operations in the 3700– the FM translator interference translators the flexibility, upon a 3980 MHz band are protected. By proceeding (Report and Order). The showing of interference to or from any requiring 3.7 GHz Service licensees to Commission dismisses or denies the other broadcast station, to change provide a copy of any private agreement arguments set forth in the Petitions and channels to any available same-band with 3.7 GHz earth station operators to amends a rule to correct a cross- channel using a minor modification prospective license assignees, reference. application; (2) standardized the transferees, or spectrum lessees, and to DATES: The filing of the Petitions was information that must be compiled and the Commission, the Commission published at 84 FR 37228 on July 31, submitted by any station claiming ensures that such agreements continue 2019. The Commission adopted the interference, including the minimum to protect incumbent C-band operations Order on Reconsideration dismissing number of listener complaints in the event a 3.7 GHz service license and denying the Petitions and amending proportionate to the signal coverage of is subsequently transferred to a new part 74 on October 6, 2020. The the complaining station and undesired- to-desired (U/D) data demonstrating the licensee. This collection promotes the dismissals and/or denials of the relative signal strength at each listener safety of operations in the band and Petitions will be effective April 9, 2021. location (zone of potential interference); reduces the risk of harmful interference The rule amendment adopted in the and (3) established an outer contour to incumbents. It also ensures that Order on Reconsideration will be limit of 45 dBu signal strength of the relevant stakeholders have access to effective March 9, 2021. complaining station within which coordination agreements between 3.7 FOR FURTHER INFORMATION CONTACT: interference complaints will be GHz Service licensees and entities Albert Shuldiner, Chief, Media Bureau, considered actionable. operating earth stations or TT&C Audio Division, (202) 418–2721; Lisa 4. Discussion. The Commission operations. Scanlan, Deputy Division Chief, Media dismisses or denies the arguments The information provided by the 3.7 Bureau, Audio Division, (202) 418– raised in the Petitions, as summarized GHz Service licensee to the TT&C 2704; Christine Goepp, Attorney below. It also corrects a cross reference operator ensures the protection of TT&C Advisor, Media Bureau, Audio Division, contained in the rules established by the operations. The information collection (202) 418–7834. Report and Order. will facilitate an efficient and safe SUPPLEMENTARY INFORMATION: This is a 5. Channel Changes. The Commission transition by requiring 3.7 GHz Service summary of the Commission’s Order on rejects the argument that it erred in the licensees to demonstrate their ability to Reconsideration (Reconsideration Report and Order by not requiring that comply with the ¥6 dB I/N criteria, Order), MB Docket No. 18–119; FCC 20– low power FM (LPFM) preclusion thereby minimizing the risk of 141, released October 6, 2020. The full studies be submitted with each minor text of the Reconsideration Order is change application filed by an FM interference. available electronically via the FCC’s translator operator to operate on a non- Federal Communications Commission. Electronic Document Management adjacent channel. It affirms its earlier Marlene Dortch, System (EDOCS) website at http:// conclusion that neither the plain Secretary. fjallfoss.fcc.gov/edocs_public/ or via the language of section 5(1) of the Local FCC’s Electronic Comment Filing Community Radio Act of 2010 (LCRA) [FR Doc. 2021–04999 Filed 3–9–21; 8:45 am] System (ECFS) website at http:// nor subsequent case law mandates BILLING CODE 6712–01–P www.fcc.gov/ecfs. (Documents will be preclusion studies for translator minor available electronically in ASCII, change applications, explaining that Microsoft Word, and/or Adobe Acrobat.) LCRA section 5 pertains only to the Alternative formats are available for licensing of new rather than existing people with disabilities (braille, large stations. Moreover, the Commission print, electronic files, audio format), by finds that its previous efforts to preserve sending an email to [email protected] or LPFM availability in the context of

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waivers for FM translator long-distance agency must then consider the relevant station’s protected contour, even if the ‘‘hops’’ are not relevant to the channel matter presented. In this case, although listener location does not satisfy this U/ change applications at issue here. the NPRM proposed to allow multiple D requirement. The U/D requirement Therefore, the Commission both complaints from a single building, in serves as a threshold test to eliminate dismisses this argument as previously the Report and Order the Commission obvious instances where the translator raised and considered and denies it on agreed with commenters that the new could not be the source of the alleged the merits. rules should ensure that listener interference. Including listener 6. The Commission also dismisses complaints come from multiple, unique, complaints from areas within the and, on alternative and independent locations to demonstrate a real and complaining station’s protected contour grounds, denies the argument that the consistent interference problem. By that do not satisfy the U/D test would non-adjacent channel change rule carefully reviewing the record and undermine this purpose. Moreover, the violates the Ashbacker doctrine. This modifying its earlier proposal in Commission explains, the strength of argument could have been raised earlier response to it, the Commission the complaining station’s signal within in the proceeding. Moreover, the complied with APA requirements. its protected contour makes the Ashbacker right to comparative 9. The Commission also denies the likelihood of translator interference consideration for mutually exclusive argument that the Report and Order within the protected contour applications does not apply to denied radio listeners their right under exceedingly small. In the rare event that prospective applicants, as here. Rather, the Petition Clause to petition the a valid U/D showing could be made for the Commission may promulgate rules government for a redress of grievances. a location within a complaining that limit the ability of parties to file Petitioners do not cite to any court or station’s protected contour, the mutually exclusive applications. The agency precedent to support the Commission states that it would accept Commission finds that it is in the public assertion that the Petition Clause a listener complaint at that location if it interest to do so here by allowing FM requires the Commission to accept and otherwise met the complaint translator stations to remediate consider all listener complaints of requirements set out in the Report and interference by changing channels and translator interference. To the contrary, Order. Finally, the Commission treating changes as minor, thereby the Supreme Court has held that anticipates that if a real and consistent foreclosing competing applications. nothing in the First Amendment interference problem caused by a Doing so provides a low-cost way to suggests that the rights to speak, translator should occur, the affected resolve interference with little or no associate, and petition require station will be able to readily obtain the reduction in service area and help keep government policymakers to listen or required minimum number of listener translators on the air. The Commission respond to communications of members complaints from within the zone of finds that to treat these changes as of the public on public issues. potential interference as defined in the major, and therefore subject to Moreover, the Commission explains, Report and Order. competing applications, would from a practical standpoint, it is not 12. In response to Skywaves undermine the Commission’s efforts to necessary to obtain multiple listener Communications LLC, who points out provide FM translator stations with an complaints from a single location to that the Report and Order does not efficient means to remediate determine whether that location is specify F(50,50) or F(50,10) propagation interference. experiencing interference. It also curves with respect to the 45 dBu 7. Required Contents of Translator clarifies that although multiple listener contour limit and the U/D zone of Interference Claims. The Commission complaints will not count toward the potential interference test, the affirms three as the appropriate minimum number of listener Commission makes a technical change minimum number of listener complaints complaints, the translator operator must to §§ 74.1203(a)(3) and 74.1204(f) to that must be submitted by an LPFM still remediate all valid complaints from cross-reference § 74.1204(b) rather than station with fewer than 5,000 people the same building if all threshold § 73.313. Section 74.1204(b) includes within its protected contours, requirements are otherwise met. guidance on using F(50, 50) curves for dismissing the argument that this limit 10. Because the Reconsideration protected contours and F(50, 10) curves should be set at six. This argument was Order corrects a cross-reference within for interfering contours and is therefore considered and rejected earlier in the new §§ 74.1203(a)(3) and 74.1204(f) to appropriate for the purpose of making a proceeding. The Commission also refer to § 74.1204(b) rather than U/D zone of potential interference denies this argument on the alternative previously cross-referenced § 73.313, showing under the new rules. and independent ground that the three- the Commission dismisses as moot any 13. Contour Limit on Translator listener complaint minimum is a objection to the new rules based on Interference Complaints. The targeted and proportionate requirement, § 73.313. Commission dismisses as previously which in any case is applicable only to 11. The Commission upholds the raised and considered the argument that a small subset of LPFM stations. requirement set out in the Report and existing translator stations will be 8. The Commission rejects the Order that each station submitting a harmed by the establishment of an outer arguments that it violated the translator interference claim package contour limit of 45 dBu signal strength Administrative Procedure Act (APA) must include U/D data demonstrating of the complaining station within which and the petition clause of the U.S. that at each listener location the ratio of interference complaints will be Constitution (Petition Clause) by undesired to desired signal strength considered actionable. On alternative holding that multiple listener exceeds ¥20 dB for co-channel and independent grounds, the complaints from the same building will situations, ¥6 dB for first-adjacent Commission denies this argument on not be applied toward the listener channel situations or 40 dB for second- the merits, noting that under the complaint minimum. The APA does not or third-adjacent channel situations, previous rules, any interference prevent the Commission from adopting calculated using the Commission’s complaint, at any distance from the a final rule that differs from a proposal standard contour prediction complaining station, could have forced in an NPRM. To the contrary, the APA methodology. The Commission declines a translator station to cease operations. requires that, after providing the public to allow listener complaints from Because the new contour limit protects with an opportunity to comment, an anywhere within the complaining translator stations from specious

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interference complaints, it reduces the Commission’s longstanding stewardship supplement their complaints to meet the risk to translator stations rather than of this valuable and unique service as new requirements. If a pending increasing it. In this respect, the well as the fact that many of the complaint is dismissed for failure to Commission clarifies that the 45 dBu measures taken in the Report and Order comply with the new rules, nothing contour limit does not affect any have equivalent rules already applicable precludes that same complainant from station’s existing protected contour to the LPFM service, such as the ability pursuing a new interference complaint under the rules, including LPFM to change channels to resolve in the future that complies with the new stations. It affirms that the 45 dBu interference and the contour limitation rules. Therefore, the Commission contour limit represents a carefully on listener complaints. Thus, the new concludes, applying the new rules to considered balance between protecting rules do not prioritize translator service pending complaints does not impair translator stations from specious over LPFM service but bring the two rights a party possessed when it acted interference claims on one hand while services into closer harmony with each because both before and after the preserving existing protections for other other. Finally, the Commission explains effective date of the new rules, FM broadcast stations on the other. that improving the translator translators are prohibited from causing 14. The Commission dismisses as interference process benefits all parties interference to listeners of FM and already raised and rejected the argument concerned, including LPFM stations, by LPFM stations and the Commission that the Commission relied on providing a clearly defined, expeditious, provides a complaint process for misleading data when it determined that and fair process for resolving translator resolving such interference complaints. there is significant listenership beyond interference complaints. It therefore denies the contention that many stations’ 54 dBu signal strength 17. Pending Proceedings. The applying the new rules to interference contours. In doing so, the Commssion Commission affirms the holding in the complaints pending against translator considered all arguments on this point Report and Order that the rules adopted stations had an impermissible and concluded that the data presented therein apply to any pending retroactive effect. in the record formed an adequate basis applications or complaints that have not for approximating nationwide Procedural Matters been acted upon as of the date the new listenership at various signal strength 18. Paperwork Reduction Act rules became effective. It rejects the contours. On alternative and Analysis. This document does not argument that doing so imposes independent grounds, the Commission contain new or modified information ‘‘impermissible retroactive burdens’’ on denies this argument on the merits, collection requirements subject to the noting that the Nielsen data in the those with pending translator Paperwork Reduction Act of 1995, record was supplemented and interference complaints. None of the Public Law 104–13. Therefore, it does corroborated by independent three ways in which a rule can be not contain any new or modified listenership data submitted by other retroactive are demonstrated here. First, information collection burdens for small broadcasters from various markets applying the new rules to pending business concerns with fewer than 25 nationwide. Therefore, while translator interference complaints does employees, pursuant to the Small acknowledging that CUME, zip code- not increase complainants’ liability for Business Paperwork Relief Act of 2002, based, and home address-based past conduct. Second, applying the new Public Law 107–198. information may be over- or under- rules to pending translator interference 19. Congressional Review Act. The inclusive in individual cases (for complaints does not impose new duties Commission has determined, and the example, when a zip code centroid is with respect to transactions already Administrator of the Office of within a certain signal strength contour completed. Third, applying the new Information and Regulatory Affairs, but the listening occurs outside it), the rules to pending translator interference Office of Management and Budget, Commission finds that this data is complaints does not impair rights a concurs that these rules are ‘‘non-major’’ sufficiently reliable with respect to party possess when it acted. In this under the Congressional Review Act, 5 broad listenership patterns to support respect, the Commission finds that U.S.C. 804(2). The Commission will the conclusion that a significant amount Petitioners do not demonstrate or send a copy of this Order on of FM listening occurs beyond the provide support for the position that the Reconsideration to Congress and the average 54 dBu contour and that setting mere filing of an interference complaint Government Accountability Office a limit on actionable complaints at this endows the complainant with vested pursuant to 5 U.S.C. 801(a)(1)(A). signal strength would be economically rights, or that such rights, if established, 20. Final Regulatory Flexibility damaging to many broadcasters. would be impaired by application of the Certification. The Regulatory Flexibility 15. The Commission dismisses as new rules. The Commission explains Act of 1980, as amended (RFA), requires previously raised and rejected the that the purpose of the interference that a regulatory flexibility analysis be argument that the new rules contravene complaint regime addressed in the prepared for notice-and-comment rule LCRA section 5(3). The applicability of Report and Order is to resolve making proceedings, unless the agency the LCRA ‘‘equal in status’’ provision complaints that FM translators are certifies that ‘‘the rule will not, if was raised by other commenters earlier causing interference to listeners of FM promulgated, have a significant in the proceeding and addressed in the and LPFM stations. Nothing in the economic impact on a substantial Report and Order. The Commission Report and Order eliminated the ability number of small entities.’’ The RFA affirms its conclusion that LCRA does of complainants, including those with generally defines the term ‘‘small not prohibit the establishment of an pending complaints, to avail themselves entity’’ as having the same meaning as outer contour limit on translator of the Commission’s processes to the terms ‘‘small business,’’ ‘‘small interference claims. resolve such interference concerns. organization,’’ and ‘‘small governmental 16. The Commission denies the Rather, the rules adopted in the Report jurisdiction.’’ In addition, the term argument that it acted with bias against and Order changed only the way in ‘‘small business’’ has the same meaning the LPFM services by rejecting which these claims are adjudicated by as the term ‘‘small business concern’’ objections filed by LPFM advocates to requiring more specific evidence. under the Small Business Act. A small pending translator applications in other Moreover, pending complainants were business concern is one which: (1) Is proceedings. This complaint ignores the provided with the opportunity to independently owned and operated; (2)

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is not dominant in its field of operation; days after publication in the Federal Federal Communications Commission. and (3) satisfies any additional criteria Register. Marlene Dortch, established by the SBA. 15. It is further ordered that part 74 Secretary. 21. This Order on Reconsideration of the Commission rules is amended as disposes of petitions for reconsideration set forth in Appendix A and that such Final Rules in MB Docket No. 18–119. In the Report rule amendment shall be effective 30 For the reasons discussed in the and Order in this proceeding, the days after publication in the Federal preamble, the Federal Communications Commission issued a Final Regulatory Register. Commission amends 47 CFR part 74 as Flexibility Analysis (FRFA) that 16. It is further ordered that the follows: conforms to the RFA, as amended. The Petition for Reconsideration filed by ■ 1. The authority citation for part 74 Commission received no petitions for Louis P. Vito on July 16, 2019, is continues to read as follows: reconsideration of that FRFA. This dismissed in its entirety. Order on Reconsideration does not alter Authority: 47 U.S.C. 154, 302a, 303, 307, 17. It is further ordered that the 309, 310, 336, and 554. the Commission’s previous analysis Petition for Reconsideration filed by ■ 2. Amend § 74.1203 by revising under the RFA. Charles M. Anderson on July 11, 2019, paragraph (a)(3) to read as follows: 22. In this Order on Reconsideration, is dismissed to the extent set out in the Commission corrects a cross- paragraphs 9, 17, 20, and 21, supra, and § 74.1203 Interference. reference in the rules to direct broadcast is denied to the extent set out in applicants and licensees to a more (a) * * * paragraphs 9 and 19, supra. (3) The direct reception by the public comprehensive set of guidelines for 18. It is further ordered that the of the off-the-air signals of any full- calculating undesired-to-desired (U/D) Petition for Reconsideration filed by the service station or previously authorized signal strength ratios in the context of a LPFM Coalition on July 15, 2019, is translator interference claim. secondary station. Interference will be dismissed to the extent set out in considered to occur whenever reception Specifically, although both the original paragraphs 4, and 21, supra, and is cross-reference (47 CFR 73.313) and the of a regularly used signal is impaired by denied to the extent set out in new cross-reference (47 CFR 74.1204(b)) the signals radiated by the FM translator paragraphs 7, 10–13, 21, and 23–25 accurately describes the Commission’s or booster station, regardless of the supra. standard contour prediction channel on which the protected signal 19. It is further ordered that the methodology, the amended cross- is transmitted; except that no listener Petition for Reconsideration filed by reference includes specific instructions complaint will be considered actionable KGIG–LP, Salida, California/Fellowship for calculating interfering as well as if the alleged interference occurs outside of the Earth on July 15, 2019, is protected contours, both of which are the desired station’s 45 dBu contour. used when calculating U/D ratios. Thus, dismissed to the extent set out in Interference is demonstrated by: the amended cross-reference is paragraphs 4 and 8, supra, and is denied (i) The required minimum number of substantially similar to the original to the extent set out in paragraphs 5–6, valid listener complaints as determined cross-reference but provides additional 8 and 22, supra. using Table 1 of this section and defined useful information and is more 20. It is further ordered that the in § 74.1201(k) of this part; technically accurate for the type of Petition for Reconsideration filed by (ii) A map plotting the specific calculation involved. This change is Skywaves Communications LLC on July location of the alleged interference in minor and is not anticipated to have any 15, 2019, is dismissed to the extent set relation to the complaining station’s 45 economic effect on broadcast licensees, out in paragraph 17 and 19, supra, and dBu contour; (iii) A statement that the complaining including small entities. Therefore, we is denied to the extent set out in station is operating within its licensed certify that the requirements of the paragraphs 15 and 18, supra. parameters; Order on Reconsideration will not have 21. It is further ordered that the Stay (iv) A statement that the complaining a significant economic impact on a Request filed by the LPFM Coalition on station licensee has used commercially substantial number of small entities. July 15, 2019, is dismissed as moot. reasonable efforts to inform the relevant The Commission will send a copy of the 22. It is further ordered that, should translator licensee of the claimed Order on Reconsideration, including a no further petitions for reconsideration interference and attempted private copy of this Final Regulatory Flexibility or petitions for judicial review be timely filed, MB Docket No. 18–119 shall be resolution; and Certification, in a report to Congress (v) U/D data demonstrating that at pursuant to the Congressional Review terminated, and its docket closed. 23. It is further ordered that the each listener location the undesired to Act. In addition, the Order on desired signal strength exceeds ¥20 dB Reconsideration and this final Commission shall send a copy of this ¥ Order on Reconsideration, including the for co-channel situations, 6 dB for certification will be sent to the Chief first-adjacent channel situations or 40 Counsel for Advocacy of the SBA and Final Regulatory Flexibility Certification, in a report to be sent to dB for second- or third-adjacent channel will be published in the Federal situations, calculated using the Register. Congress and the Government Accountability Office pursuant to the methodology set out in § 74.1204(b). Ordering Clauses Congressional Review Act, see 5 U.S.C. 14. It is ordered that, pursuant to 801(a)(1)(A). TABLE 1 TO § 74.1203(a)(3) sections 1, 2, 4(i), 4(j), 301, 303, 307, 24. It is further ordered that the Minimum 308, 309, 319, and 405 of the Commission’s Consumer and listener Communications Act of 1934, as Governmental Affairs Bureau, Reference Population within protected complaints amended, 47 U.S.C. 151, 152, 154(i), Information Center, shall send a copy of contour required 154(j), 301, 303, 307, 308, 309, 319, and this Order on Reconsideration, for interference 405, and § 1.429 of the Commission’s including the Final Regulatory claim rules, 47 CFR 1.429, this Order on Flexibility Certification, to the Chief Reconsideration in MB Docket No. 18– Counsel for Advocacy of the Small 1–199,999 ...... 6 119 is adopted and shall be effective 30 Business Administration. 200,000–299,999 ...... 7

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TABLE 1 TO § 74.1203(a)(3)— (f) An application for an FM translator (3) A statement that the complaining Continued station will not be accepted for filing station is operating within its licensed even though the proposed operation parameters; Minimum would not involve overlap of field (4) A statement that the complaining listener strength contours with any other station, station licensee has used commercially complaints Population within protected required as set forth in paragraph (a) of this reasonable efforts to inform the relevant contour for section, if grant of the authorization will translator licensee of the claimed interference result in interference to the reception of interference and attempted private claim a regularly used, off-the-air signal of any resolution; and authorized co-channel, first, second or (5) U/D data demonstrating that at 300,000–399,999 ...... 8 third adjacent channel broadcast station, 400,000–499,999 ...... 9 each listener location the undesired to 500,000–999,999 ...... 10 including previously authorized desired signal strength exceeds ¥20 dB 1,000,000–1,499,999 ...... 15 secondary service stations within the 45 for co-channel situations, ¥6 dB for 1,500,000–1,999,999 ...... 20 dBu field strength contour of the desired first-adjacent channel situations or 40 2,000,000 or more ...... 25 station. Interference is demonstrated by: dB for second- or third-adjacent channel LPFM stations with fewer (1) The required minimum number of situations, calculated using the than 5,000 ...... 3 valid listener complaints as determined methodology set out in paragraph (b) of using Table 1 to § 74.1203(a)(3) of this this section. * * * * * ■ part and defined in § 74.1201(k) of this * * * * * 3. Amend § 74.1204 by revising part; paragraph (f) to read as follows: Editorial Note: The Office of the Federal (2) A map plotting the specific Register received this document on December § 74.1204 Protection of FM broadcast, FM location of the alleged interference in 16, 2020. Translator and LP100 stations. relation to the complaining station’s 45 [FR Doc. 2020–28063 Filed 3–9–21; 8:45 am] * * * * * dBu contour; BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 86, No. 45

Wednesday, March 10, 2021

This section of the FEDERAL REGISTER New Jersey Avenue SE, Washington, DC date and may amend this proposal contains notices to the public of the proposed 20590–0001. because of those comments. issuance of rules and regulations. The • Hand Delivery: Deliver to the Except for Confidential Business purpose of these notices is to give interested ‘‘Mail’’ address between 9 a.m. and 5 Information (CBI) as described in the persons an opportunity to participate in the p.m., Monday through Friday, except following paragraph, and other rule making prior to the adoption of the final information as described in 14 CFR rules. Federal holidays. 11.35, the FAA will post all comments Examining the AD Docket received, without change, to https:// DEPARTMENT OF TRANSPORTATION You may examine the AD docket on www.regulations.gov, including any the internet at https:// personal information you provide. The Federal Aviation Administration www.regulations.gov by searching for agency will also post a report and locating Docket No. FAA–2021– summarizing each substantive verbal 14 CFR Part 39 0135; or in person at Docket Operations contact received about this proposal. [Docket No. FAA–2021–0135; Project between 9 a.m. and 5 p.m., Monday Confidential Business Information through Friday, except Federal holidays. Identifier MCAI–2020–01044–R] CBI is commercial or financial The AD docket contains this proposed information that is both customarily and RIN 2120–AA64 AD, the European Aviation Safety actually treated as private by its owner. Agency (now European Union Aviation Airworthiness Directives; Airbus Under the Freedom of Information Act Safety Aviation) (EASA) AD, any Helicopters Deutschland GmbH (FOIA) (5 U.S.C. 552), CBI is exempt comments received and other Helicopters from public disclosure. If your information. The street address for comments responsive to this NPRM AGENCY: Federal Aviation Docket Operations is listed above. contain commercial or financial Administration (FAA), DOT. Comments will be available in the AD information that is customarily treated ACTION: Notice of proposed rulemaking docket shortly after receipt. as private, that you actually treat as (NPRM). For service information identified in private, and that is relevant or this proposed rule, contact Airbus SUMMARY: The FAA proposes to responsive to this NPRM, it is important Helicopters, 2701 N. Forum Drive, that you clearly designate the submitted supersede Airworthiness Directive (AD) Grand Prairie, TX 75052; telephone 2019–07–07 for various Airbus comments as CBI. Please mark each 972–641–0000 or 800–232–0323; fax page of your submission containing CBI Helicopters Deutschland GmbH (Airbus 972–641–3775; or at https:// Helicopters) Model MBB–BK117 and as ‘‘PROPIN.’’ The FAA will treat such www.airbus.com/helicopters/services/ marked submissions as confidential Model BO–105 helicopters. AD 2019– technical-support.html. You may view under the FOIA, and they will not be 07–07 requires removing certain part this referenced service information at placed in the public docket of this numbered swashplate bellows (bellows) the FAA, Office of the Regional Counsel, NPRM. Submissions containing CBI from service, cleaning and inspecting Southwest Region, 10101 Hillwood should be sent to Matt Fuller, AD certain parts, and depending on the Pkwy., Room 6N–321, Fort Worth, TX Program Manager, Operational Safety inspection results removing certain 76177. Branch, Airworthiness Products parts from service, applying torque, and Section, General Aviation & Rotorcraft repetitively inspecting the swashplate FOR FURTHER INFORMATION CONTACT: Matt Unit, FAA, 10101 Hillwood Pkwy., Fort assembly (swashplate). AD 2019–07–07 Fuller, AD Program Manager, Worth, TX 76177; telephone 817–222– also prohibits the installation of certain Operational Safety Branch, 5110; email [email protected]. part-numbered bellows. This proposed Airworthiness Products Section, General Aviation & Rotorcraft Unit, Any commentary that the FAA receives AD would retain certain requirements of which is not specifically designated as AD 2019–07–07, expand the installation FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222– CBI will be placed in the public docket prohibition, add additional inspections, for this rulemaking. and update the applicable service 5110; email [email protected]. information. The actions of this SUPPLEMENTARY INFORMATION: Discussion proposed AD are intended to address an Comments Invited The FAA issued AD 2019–07–07, unsafe condition on these products. Amendment 39–19618 (84 FR 16394, DATES: The FAA must receive comments The FAA invites you to send any April 19, 2019) (AD 2019–07–07) for on this proposed AD by April 26, 2021. written relevant data, views, or Airbus Helicopters Model BO–105A, ADDRESSES: You may send comments by arguments about this proposal. Send BO–105C, BO–105S, BO–105LS A–3, any of the following methods: your comments to an address listed MBB–BK 117A–1, MBB–BK 117A–3, • Federal eRulemaking Docket: Go to under ADDRESSES. Include ‘‘Docket No. MBB–BK 117A–4, MBB–BK 117B–1, https://www.regulations.gov. Follow the FAA–2021–0135; Project Identifier MBB–BK 117B–2, MBB–BK 117C–1, online instructions for sending your MCAI–2020–01044–R’’ at the beginning MBB–BK 117C–2, and MBB–BK comments electronically. of your comments. The most helpful 117D–2 helicopters. AD 2019–07–07 • Fax: 202–493–2251. comments reference a specific portion of requires a one-time inspection of the • Mail: Send comments to the U.S. the proposal, explain the reason for any swashplate with the bellows removed Department of Transportation, Docket recommended change, and include and thereafter, a repetitive inspection of Operations, M–30, West Building supporting data. The FAA will consider the swashplate. AD 2019–07–07 also Ground Floor, Room W12–140, 1200 all comments received by the closing prohibits the installation of certain part-

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numbered bellows and gearboxes with This proposed AD would apply to 4638305043, or P/N B623M20X2240, or certain part-numbered bellows. Model MBB–BK 117D–2 helicopters a gearbox with a bellows P/N 105– AD 2019–07–07 was prompted by while the EASA AD does not. The 10113.05, P/N 4619305044, or P/N EASA AD No. 2016–0142, dated July 19, EASA AD applies to Model BO–105D 4638305043 on any helicopter. 2016, which was revised to EASA AD helicopters, while this proposed AD Costs of Compliance No. 2016–0142R1, dated April 12, 2018, would not. The EASA AD requires issued by EASA, which is the Technical reporting corrosion to Airbus The FAA estimates that this proposed Agent for the Member States of the Helicopters while this proposed AD AD would affect 211 helicopters of U.S. European Union. EASA advises of would not. Registry. The FAA estimates that several reports of a lower clamp found operators may incur the following costs Related Service Information Under 1 missing from the bellows and damaging in order to comply with this proposed CFR Part 51 the swashplate bearing ring before AD. Labor costs are estimated at $85 per becoming detached. EASA states an The FAA reviewed Airbus Helicopters work-hour. investigation showed that over- Alert Service Bulletin (ASB) BO105– Inspecting the swashplate assembly torqueing can damage the clamp, which 40A–107 for Model BO105C-series, D- would take about 3 work-hours for an may have caused the clamp to become series and S-series helicopters; ASB estimated cost of $255 per helicopter loose and detach. According to EASA, BO105 LS–40A–12 for Model BO–105LS and $53,805 for the U.S. fleet per this condition, if not detected and A–3 helicopters; ASB MBB–BK117– inspection cycle. corrected, could lead to loss of a 40A–115 for Model MBB–BK 117 A–1, Repairing a scratched support tube swashplate clamp, and a detached MBB–BK 117 A–3, MBB–BK 117 A–4, would take about 3 work-hours for an clamp could damage the swashplate and MBB–BK 117 B–1, MBB–BK 117 B–2, estimated cost of $255 per helicopter. pitch link or strike the tail rotor, and MBB–BK 117 C–1 helicopters; and Replacing a corroded or damaged resulting in loss of control of the ASB MBB–BK117 C–2–62A–007 for clamp would take about 2 work-hours helicopter. Model MBB–BK 117 C–2 helicopters, and parts would cost about $8 for a cost each Revision 5 and dated July 25, 2017. Actions Since AD 2019–07–07 Was of $178 per helicopter. The FAA also reviewed Airbus Issued Replacing corroded ball bearings Helicopters ASB MBB–BK117 D–2– Since the FAA issued AD 2019–07– would take about 4 work-hours and 62A–003, Revision 3, dated July 25, parts would cost about $3,000 for a cost 07, it was identified that bellows (part 2017, for Model MBB–BK 117 D–2 number) P/N B623M20X220 was of $3,340 per helicopter. helicopters. This service information Removing foreign objects from the inadvertently omitted from the specifies removing the bellows and prohibition in the Required Actions outer deflection ring would take about repetitively inspecting the swashplate. 2 work-hours for an estimated cost of paragraph. It was also identified that This service information is reasonably $170 per helicopter. Airbus Helicopters updated its service available because the interested parties information by issuing several alert have access to it through their normal Authority for This Rulemaking service bulletins which specified course of business or by the means Title 49 of the United States Code removing the bellows and repetitively identified in the ADDRESSES section. inspecting the swashplate. Accordingly, specifies the FAA’s authority to issue this proposed AD would update the Proposed AD Requirements rules on aviation safety. Subtitle I, service information and any This proposed AD would require the section 106, describes the authority of incorporated by reference information, following within 50 hours hours time- the FAA Administrator. Subtitle VII: add to the inspection requirements of in-service (TIS): Aviation Programs, describes in more AD 2019–07–07, and prohibit • Removing the affected bellows from detail the scope of the Agency’s installation of bellows P/N the swashplate, cleaning and inspecting authority. B623M20X220. the support tube for scratches, and The FAA is issuing this rulemaking depending on the inspection results under the authority described in FAA’s Determination reworking the cylindrical area; Subtitle VII, Part A, Subpart III, Section These helicopters have been approved • Inspecting the clamp for corrosion, 44701: General requirements. Under by EASA and are approved for operation damage and incorrect installation, and, that section, Congress charges the FAA in the United States. Pursuant to the depending on the inspection results, with promoting safe flight of civil FAA’s bilateral agreement with the removing the clamp from service, aircraft in air commerce by prescribing European Union, EASA has notified the reinstalling the clamp correctly and regulations for practices, methods, and FAA about the unsafe condition applying a torque; procedures the Administrator finds described in its AD. The FAA is • Inspecting each ball bearing for necessary for safety in air commerce. proposing this AD after evaluating all corrosion, and depending on the This regulation is within the scope of known relevant information and inspection results, removing each ball that authority because it addresses an determining that an unsafe condition is bearing from service; and unsafe condition that is likely to exist or likely to exist or develop on other • Inspecting the deflection ring for develop on products identified in this helicopters of the same type designs. foreign objects by removing the rulemaking action. lockwire, screws, and the outer Regulatory Findings Differences Between This Proposed AD deflection ring and removing any and the EASA AD foreign objects; The FAA determined that this The EASA AD requires compliance The proposed AD would also require, proposed AD would not have federalism within different time intervals for some within 400 hours TIS, inspecting the implications under Executive Order actions than what this proposed AD swashplate for foreign objects and 13132. This proposed AD would not would require. The EASA AD allows a excessive bearing rolling friction. have a substantial direct effect on the non-cumulative tolerance of 10 percent Finally, this proposed AD would States, on the relationship between the that may be applied to the compliance prohibit installing a bellows P/N 105– national Government and the States, or times, and this proposed AD would not. 10113.05, P/N 4619305044, P/N on the distribution of power and

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responsibilities among the various (e) Compliance objects, remove the foreign objects with a levels of government. You are responsible for performing each lint-free cloth. For the reasons discussed, I certify action required by this AD within the (2) Within 400 hours TIS after the effective this proposed regulation: specified compliance time unless it has date of this AD, after complying with the 1. Is not a ‘‘significant regulatory already been accomplished prior to that time. actions in paragraph (f)(1) of this AD, and action’’ under Executive Order 12866, (f) Required Actions thereafter at intervals not to exceed 400 hours 2. Will not affect intrastate aviation in TIS, inspect the swashplate by following the (1) Within 50 hours time-in-service (TIS) Alaska, and Accomplishment Instructions, paragraph 3. Will not have a significant after the effective date of this AD: (i) Remove from service bellows part 3.B.4 of ASB BO105–40A–107; or paragraph economic impact, positive or negative, number (P/N) 105–10113.05, P/N 3.B.3 of ASB BO105 LS 40A–12, ASB MBB– on a substantial number of small entities 4638305043, P/N 4619305044, or P/N BK117–40A–115, ASB MBB–BK117 C–2– under the criteria of the Regulatory B623M20X2240 from the swashplate 62A–007, or ASB MBB–BK117 D–2–62A– Flexibility Act. assembly (swashplate). 003; as applicable to your model helicopter. (ii) Clean and inspect the support tube for (3) After May 24, 2019 (the effective date List of Subjects in 14 CFR Part 39 scratches as depicted in Detail 11, Figure 6 of AD 2019–07–07), do not install a bellows Air transportation, Aircraft, Aviation of Airbus Helicopters Alert Service Bulletin P/N 105–10113.05, P/N 4619305044, or P/N safety, Incorporation by reference, (ASB) BO105–40A–107 (ASB BO105–40A– 4638305043, or a gearbox with a bellows P/ 107); or Detail 11, Figure 5 of ASB BO105 LS Safety. N 105–10113.05, P/N 4619305044, or P/N 40A–12 (ASB BO105 LS 40A–12); or Detail The Proposed Amendment 11, Figure 5 of ASB MBB–BK117–40A–115, 4638305043 on any helicopter. (ASB MBB–BK117–40A–115); or Detail 11, (4) As of the effective date of this AD, do Accordingly, under the authority Figure 5 of ASB MBB–BK117 C–2–62A–007 not install a bellows P/N B623M20X2240 on delegated to me by the Administrator, (ASB MBB–BK117 C–2–62A–007), each any helicopter. the FAA proposes to amend 14 CFR part Revision 5 and dated July 25, 2017; or Detail 39 as follows: 11, Figure 5 of ASB MBB–BK117 D–2–62A– (g) Alternative Methods of Compliance 003, Revision 3, dated July 25, 2017 (ASB (AMOCs) PART 39—AIRWORTHINESS MBB–BK117 D–2–62A–003); as applicable to (1) The Manager, Strategic Policy DIRECTIVES your model helicopter. If there are scratches Rotorcraft Section, FAA, has the authority to on the support tube, before further flight, approve AMOCs for this AD, if requested ■ 1. The authority citation for part 39 rework the cylindrical area to a max depth using the procedures found in 14 CFR 39.19. of 0.1 mm with a polishing cloth #400 or continues to read as follows: In accordance with 14 CFR 39.19, send your equivalent polishing cloth. The reworked Authority: 49 U.S.C. 106(g), 40113, 44701. area must not exceed 10 mm in width or 3 request to your principal inspector or local cm2 in area, the minimum separation Flight Standards District Office, as § 39.13 [Amended] appropriate. If sending information directly ■ between any adjacent reworked areas must be 2. The FAA amends § 39.13 by, 30 mm, and total reworked areas must not to the manager of the International Validation ■ a. Removing Airworthiness Directive exceed 10 percent of the cylindrical area. Branch, send it to the attention of: Matt (AD) 2019–07–07, Amendment 39– (iii) Inspect the clamp for corrosion and Fuller, AD Program Manager, Operational 19618 (84 FR 16394, April 19, 2019) correct installation. Safety Branch, Airworthiness Products and, Note 1 to paragraph (f)(1)(iii): A figure of Section, General Aviation & Rotorcraft Unit, ■ b. Adding the following new AD: the clamp is depicted in Detail 9, Figure 6 FAA, 10101 Hillwood Pkwy., Fort Worth, TX Airbus Helicopters Deutschland GmbH: of ASB BO105–40A–107; or Detail 9, Figure 76177; telephone 817–222–5110; email 9- Docket No. FAA–2021–0135; Project 5 of ASB BO105 LS 40A–12, ASB MBB– [email protected]. Identifier MCAI–2020–01044–R. BK117–40A–115, or ASB MBB–BK117 C–2– (2) Before using any approved AMOC, 62A–007; or Detail 9, Figure 5 of ASB MBB– notify your appropriate principal inspector, (a) Applicability BK117 D–2–62A–003; as applicable to your or lacking a principal inspector, the manager This airworthiness directive (AD) applies model helicopter. to Airbus Helicopters Deutschland GmbH (A) If there is corrosion on the clamp, of the local flight standards district office/ Model BO–105A, BO–105C, BO–105S, before further flight remove the clamp from certificate holding district office. service. BO105LS A–3, MBB–BK 117A–1, MBB–BK (h) Additional Information 117A–3, MBB–BK 117A–4, MBB–BK 117B–1, (B) If the clamp is incorrectly installed, MBB–BK 117B–2, MBB–BK 117C–1, MBB– before further flight install the clamp The subject of this AD is addressed in BK 117C–2, and MBB–BK 117D–2 correctly on the shield as depicted in Detail European Aviation Safety Agency (now helicopters, certificated in any category. 10, Figure 6 of ASB BO105–40A–107; or European Union Aviation Safety Agency) Note 1 to paragraph (a) of this AD: Detail 10, Figure 5 of ASB BO105 LS 40A– (EASA) AD No. 2016–0142R1, dated April Helicopters with an MBB–BK 117C–2e 12, ASB MBB–BK117–40A–115, or ASB 12, 2018. You may view the EASA AD on the designation are Model MBB–BK 117C–2 MBB–BK117 C–2–62A–007; or Detail 10, internet at https://www.regulations.gov in the Figure 5 of ASB MBB–BK117 D–2–62A–003; helicopters. AD Docket. as applicable to your model helicopter. (b) Unsafe Condition (C) Apply a torque between 0.5 Nm and 0.7 (i) Subject This AD defines the unsafe condition as a Nm to the screw and install lockwire as depicted in Detail 8, Figure 6 of ASB BO105– Joint Aircraft Service Component (JASC) loose swashplate bellows (bellows) clamp. Code: 6200, Main Rotor System. This condition can cause loss of the bellows, 40A–107; or Detail 8, Figure 5 of ASB BO105 contact of the bellows with the main rotor LS 40A–12, ASB MBB–BK117–40A–115, or Issued on March 2, 2021. blades, main rotor mast, and tail rotor, and ASB MBB–BK117 C–2–62A–007; or Detail 8, Lance T. Gant, subsequent loss of helicopter control. Figure 5 of ASB MBB–BK117 D–2–62A–003; as applicable to your model helicopter. Director, Compliance & Airworthiness (c) Affected ADs (iv) Inspect each ball bearing for corrosion. Division, Aircraft Certification Service. This AD replaces AD 2019–07–07, If there is corrosion on any ball bearing, [FR Doc. 2021–04804 Filed 3–9–21; 8:45 am] before further flight, remove the ball bearing Amendment 39–19618 (84 FR 16394, April BILLING CODE 4910–13–P 19, 2019) (2019–07–07). from service. (v) Inspect the area under the deflection (d) Comments Due Date ring for foreign objects by removing the lock The FAA must receive comments by April wire, removing the screws, and removing the 26, 2021. outer deflection ring. If there are any foreign

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DEPARTMENT OF TRANSPORTATION [email protected] or go to https:// All communications received on or www.archives.gov/federal-register/cfr/ before the specified comment closing Federal Aviation Administration ibr-locations.html. date will be considered before taking FOR FURTHER INFORMATION CONTACT: action on the proposed rule. The 14 CFR Part 71 Jesse Acevedo, Rules and Regulations proposal contained in this action may [Docket No. FAA–2021–0152; Airspace Group, Office of Policy, Federal be changed in light of comments Docket No. 21–AGL–2] Aviation Administration, 800 received. All comments submitted will Independence Avenue SW, Washington, be available for examination in the RIN 2120–AA66 DC 20591; telephone: (202) 267–8783. public docket both before and after the comment closing date. A report Proposed Amendment of Jet Routes SUPPLEMENTARY INFORMATION: summarizing each substantive public J–107 and J–515, and VOR Federal Authority for This Rulemaking contact with FAA personnel concerned Airway V–181; Establishment of Area The FAA’s authority to issue rules with this rulemaking will be filed in the Navigation (RNAV) Route T–407; and docket. Revocation of the Humboldt, MN, regarding aviation safety is found in Domestic Low Altitude Reporting Title 49 of the United States Code. Availability of NPRMs Point; Northcentral United States Subtitle I, Section 106 describes the An electronic copy of this document authority of the FAA Administrator. may be downloaded through the AGENCY: Federal Aviation Subtitle VII, Aviation Programs, Administration (FAA), DOT. internet at https://www.regulations.gov. describes in more detail the scope of the Recently published rulemaking ACTION: Notice of proposed rulemaking agency’s authority. This rulemaking is documents can also be accessed through (NPRM). promulgated under the authority the FAA’s web page at https:// described in Subtitle VII, Part A, _ SUMMARY: The FAA proposes to amend www.faa.gov/air traffic/publications/ Subpart I, Section 40103. Under that airspace_amendments/. two Jet Routes and one VHF section, the FAA is charged with Omnidirectional Range (VOR) Federal You may review the public docket prescribing regulations to assign the use containing the proposal, any comments Airway; establish one low altitude of the airspace necessary to ensure the RNAV route; and revoke one Domestic received and any final disposition in safety of aircraft and the efficient use of person in the Dockets Office (see Low Altitude Reporting Point, in the airspace. This regulation is within the northcentral United States. This action ADDRESSES section for address and scope of that authority as it would phone number) between 9:00 a.m. and is necessary due to the planned expand the availability of RNAV in the decommissioning of the VOR portion of 5:00 p.m., Monday through Friday, central United States and improve the except Federal holidays. An informal the Humboldt, MN, VOR/Tactical Air efficient flow of air traffic within the Navigation (VORTAC) which provides docket may also be examined during NAS by lessening the dependency on normal business hours at the office of navigation guidance to portions of the ground-based navigation. affected Air Traffic Service (ATS) the Operations Support Group, Central routes. The Humboldt VOR is being Comments Invited Service Center, Federal Aviation decommissioned as part of the FAA’s Administration, 10101 Hillwood Interested parties are invited to Parkway, Fort Worth, TX 76177. VOR Minimum Operational Network participate in this proposed rulemaking (VOR MON) program. by submitting such written data, views, Availability and Summary of DATES: Comments must be received on or arguments as they may desire. Documents for Incorporation by or before April 26, 2021. Comments that provide the factual basis Reference ADDRESSES: Send comments on this supporting the views and suggestions This document proposes to amend proposal to the U.S. Department of presented are particularly helpful in FAA Order 7400.11E, Airspace Transportation, Docket Operations, 1200 developing reasoned regulatory Designations and Reporting Points, New Jersey Avenue SE, West Building decisions on the proposal. Comments dated July 21, 2020 and effective Ground Floor, Room W12–140, are specifically invited on the overall September 15, 2020. FAA Order Washington, DC 20590; telephone: (800) regulatory, aeronautical, economic, 7400.11E is publicly available as listed 647–5527, or (202) 366–9826. You must environmental, and energy-related in the ADDRESSES section of this identify FAA Docket No. FAA–2021– aspects of the proposal. document. FAA Order 7400.11E lists 0152; Airspace Docket No. 21–AGL–2 at Communications should identify both Class A, B, C, D, and E airspace areas, the beginning of your comments. You docket numbers (FAA Docket No. FAA– air traffic service routes, and reporting may also submit comments through the 2021–0152; Airspace Docket No. 21– points. internet at https://www.regulations.gov. AGL–2) and be submitted in triplicate to FAA Order 7400.11E, Airspace the Docket Management Facility (see Background Designations and Reporting Points, and ADDRESSES section for address and The FAA is planning subsequent amendments can be viewed phone number). You may also submit decommissioning activities for the VOR online at https://www.faa.gov/air_ comments through the internet at portion of Humboldt VORTAC with a traffic/publications/. For further https://www.regulations.gov. proposed effected date of December 2, information, you can contact the Rules Commenters wishing the FAA to 2021. The Humboldt VOR was one of and Regulations Group, Federal acknowledge receipt of their comments the candidate VORs identified for Aviation Administration, 800 on this action must submit with those discontinuance by the FAA’s VOR MON Independence Avenue SW, Washington, comments a self-addressed, stamped program and listed in the Final policy DC 20591; telephone: (202) 267–8783. postcard on which the following statement notice, ‘‘Provision of The Order is also available for statement is made: ‘‘Comments to FAA Navigation Services for the NextGen inspection at the National Archives and Docket No. FAA–2021–0152; Airspace Transition to Performance-Based Records Administration (NARA). For Docket No. 21–AGL–2.’’ The postcard Navigation (PBN) (Plan for Establishing information on the availability of FAA will be date/time stamped and returned a VOR MON),’’ published in the Federal Order 7400.11E at NARA, email: to the commenter. Register of July 26, 2016 (81 FR 48694),

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Docket No. FAA–2011–1082. Although revoke one reporting point. The updated in the next edition of this the VOR portion of the Humboldt proposed ATS route and reporting point Order. VORTAC is planned for amendments are described below. FAA Order 7400.11, Airspace decommissioning, the co-located J–107: J–107 extends between Los Designations and Reporting Points, is Distance Measuring Equipment (DME) Angeles, CA, VORTAC and Sioux published yearly and effective on and Tactical Air Navigation (TACAN) Narrows, ON, Canada, VOR/DME. The September 15. portions of the navigational aid are portion within Canada is excluded. The being retained in support of current and proposed change would remove the Regulatory Notices and Analyses future RNAV procedures and route segments between Dupree, SD, The FAA has determined that this Department of Defense mission VOR/DME, and Sioux Narrows, ON, proposed regulation only involves an requirements. Canada, VOR/DME, and remove the established body of technical The ATS routes affected by the exclusionary language. The resulting Jet regulations for which frequent and Humboldt VOR are J–107, J–515, and V– Route would extend between Los routine amendments are necessary to 181. With the planned decommissioning Angeles, CA, VORTAC and Dupree, SD, keep them operationally current. It, of the Humboldt VOR, the remaining VOR/DME. therefore: (1) Is not a ‘‘significant J–515: J–515 extends between Fargo, ground-based navigational aid coverage regulatory action’’ under Executive ND, VOR/DME and the intersection of in the area is insufficient to enable the Order 12866; (2) is not a ‘‘significant the Humboldt, MN, VORTAC 356° continuity of these affected routes. As a rule’’ under Department of result, proposed modifications to J–107, radial and US/Canada border; and Transportation (DOT) Regulatory J–515, and V–181 would result in between Whitehorse, YT, Canada and Policies and Procedures (44 FR 11034; airway segments being removed. To the Barrow, AK, VOR/DME. The February 26, 1979); and (3) does not overcome the loss of route segments in airspace within Canada is excluded. The warrant preparation of a regulatory the ATS routes, instrument flight rules proposed change would remove the evaluation as the anticipated impact is (IFR) traffic may use adjacent Jet Routes, route segment between the Fargo, ND, so minimal. Since this is a routine J–36, J–140, J–562, and J–89. Pilots VOR/DME and the intersection of the matter that will only affect air traffic equipped with RNAV capabilities may Humboldt, MN, VORTAC 356° radial procedures and air navigation, it is also file point to point through the and US/Canada border. As a result, the certified that this proposed rule, when affected area using fixes that will remain Jet Route would extend between in place, or receive air traffic control Whitehorse, YT, Canada, VOR/DME and promulgated, will not have a significant radar vectors; the pilots could also use Barrow, AK, VOR/DME. economic impact on a substantial RNAV Route, Q–140, to navigate V–181: V–181 extends between number of small entities under the through or around the affected area. Kirksville, MO, VORTAC, and the criteria of the Regulatory Flexibility Act. Visual flight rules (VFR) pilots who intersection of the Humboldt, MN, Environmental Review elect to navigate through the affected VORTAC, 356° radial and United States/ area may utilize the ATC services Canada border. The proposed change This proposal will be subject to an previously listed. would remove the route segment environmental analysis in accordance Additionally, the proposed new T- between the Grand Forks, ND, VOR/ with FAA Order 1050.1F, route would provide an enroute DME and the intersection of the ‘‘Environmental Impacts: Policies and structure that would overlap the VOR Humboldt, MN, VORTAC, 356° radial Procedures’’ prior to any FAA final Federal airway V–181 for RNAV capable and United States/Canada border. As a regulatory action. aircraft. This new T-route proposal result, the airway would extend List of Subjects in 14 CFR 71 would also provide route options in between the Kirksville, MO, VORTAC, areas of limited or no radar coverage to and the Grand Forks, ND, VOR/DME. Airspace, Incorporation by reference, pilots whose aircraft are RNAV capable. T–407: T–407 would be a new RNAV Navigation (air). The new airway will provide positive route that extends between the Sioux The Proposed Amendment course guidance to aircraft navigating Falls, SD, VORTAC and the ZOMTA fix, around areas of heavy aviation activity located at the US/Canadian border, 8 In consideration of the foregoing, the (i.e., Grand Forks) and Military Special miles north of Humboldt, MN, Federal Aviation Administration Use Airspace (i.e., Tiger South MOA, VORTAC. This T-route would provide proposes to amend 14 CFR part 71 as Devils Lake East MOA, and Restricted enroute routing over the current VOR follows: Areas R–5403A/B/C/D/E/F). Federal airway V–181 from Sioux Falls, Furthermore, this proposed new airway SD, VORTAC north to the United States/ PART 71—DESIGNATION OF CLASS A, would also support the FAA’s plan to Canadian border. B, C, D, AND E AIRSPACE AREAS; AIR transition the National Airspace System Humboldt: The Humboldt MN TRAFFIC SERVICE ROUTES; AND from a ground-based surveillance and Domestic Low Altitude Reporting Point REPORTING POINTS navigation system, to a satellite-based would be removed. ■ system. All of the navigational aid radials in 1. The authority citation for part 71 Finally, FAA is proposing to remove the Jet Route descriptions below are continues to read as follows: the Humboldt, MN Domestic Low stated in True degrees. Authority: 49 U.S.C. 106(f), 106(g); 40103, Altitude Reporting point. The reporting United States Jet Routes, VOR Federal 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, point is no longer required by air traffic airways, RNAV T-routes, and Domestic 1959–1963 Comp., p. 389. Low Altitude Reporting points are control after the proposed route § 71.1 [Amended] amendments would be implemented. published in paragraphs 2004, 2010(a), 6011, and 7001, respectively, of FAA ■ 2. The incorporation by reference in The Proposal Order 7400.11E, dated July 21, 2020, 14 CFR 71.1 of FAA Order 7400.11E, The FAA is proposing an amendment and effective September 15, 2020, which Airspace Designations and Reporting to 14 CFR part 71 to amend two Jet are incorporated by reference in 14 CFR Points, dated July 21, 2020, and Routes; amend one VOR Federal 71.1. The airways listed in this effective September 15, 2020, is Airway; establish one RNAV route; and document would be subsequently amended as follows:

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Paragraph 2004 Jet Routes. J–515 [Amended] V–181 [Amended] * * * * * From Whitehorse, YT, Canada; Northway, From Kirksville, MO; Lamoni, IA; Omaha, AK; Fairbanks, AK; Bettles, AK; to Barrow, IA; Norfolk, NE; Yankton, SD; Sioux Falls, J–107 [Amended] AK. The airspace within Canada is excluded. SD; Watertown, SD; 34 miles, 24 miles, 34 From Los Angeles, CA; INT Los Angeles MSL, Fargo, ND; to Grand Forks, ND. * * * * * 083° and Hector, CA, 226° radials; Hector; * * * * * Boulder City, NV; Milford, UT; Rock Springs, Paragraph 6010(a) VOR Federal Airways. Paragraph 6011 United States Area WY; Muddy Mountain, WY; to Dupree, SD. * * * * * Navigation Routes. * * * * * * * * * *

T–407 Sioux Falls, SD (FSD) to ZOMTA, ND [New] Sioux Falls, SD (FSD) VORTAC (Lat. 43°38′58.14″ N, long. 096°46′52.02″ W) FFORT, SD WP (Lat. 44°58′47.45″ N, long. 097°08′30.36″ W) Fargo, ND (FAR) VOR/DME (Lat. 46°45′12.01″ N, long. 096°51′04.75″ W) Grand Forks, ND (GFK) VOR/DME (Lat. 47°57′17.40″ N, long. 097°11′07.33″ W) WUBED, MN FIX (Lat. 48°43′30.50″ N, long. 097°07′40.81″ W) ZOMTA, ND FIX (Lat. 49°00′00.00″ N, long. 097°07′54.80″ W)

Paragraph 7001 Domestic Low Altitude Washington, DC 20590–0001; airspace. This regulation is within the Reporting Points. Telephone: (800) 647–5527, or (202) scope of that authority, as it would * * * * * 366–9826. You must identify the Docket establish Class E airspace for Doylestown Airport, Doylestown, PA, to Humboldt, MN [Removed] No. FAA–2021–0113; Airspace Docket No. 21–AEA–2 at the beginning of your support IFR operations in the area. * * * * * comments. You may also submit Comments Invited Issued in Washington, DC, on March 2, comments through the internet at 2021. https://www.regulations.gov. Interested persons are invited to George Gonzalez, FAA Order 7400.11E Airspace comment on this proposed rulemaking Acting Manager, Rules and Regulations Designations and Reporting Points, and by submitting such written data, views, Group. subsequent amendments can be viewed or arguments, as they may desire. [FR Doc. 2021–04873 Filed 3–9–21; 8:45 am] online at https://www.faa.gov/air_ Comments that provide the factual basis BILLING CODE 4910–13–P traffic/publications/. For further supporting the views and suggestions information, you can contact the presented are particularly helpful in Airspace Policy Group, Federal Aviation developing reasoned regulatory DEPARTMENT OF TRANSPORTATION Administration, 800 Independence decisions on the proposal. Comments Avenue SW, Washington, DC 20591; are specifically invited on the overall Federal Aviation Administration Telephone: (202) 267–8783. The Order regulatory, aeronautical, economic, is also available for inspection at the environmental, and energy-related 14 CFR Part 71 National Archives and Records aspects of the proposal. Administration (NARA). For Communications should identify both [Docket No. FAA–2021–0113; Airspace docket numbers (Docket No. FAA– Docket No. 21–AEA–2] information on the availability of FAA Order 7400.11E at NARA, email 2021–0113 and Airspace Docket No. 21– RIN 2120–AA66 AEA–2) and be submitted in triplicate to [email protected] or go to https:// DOT Docket Operations (see www.archives.gov/federal-register/cfr/ Proposed Establishment of Class E ‘‘ADDRESSES’’ section for the address ibr-locations.html. Airspace; Doylestown, PA and phone number). You may also FOR FURTHER INFORMATION CONTACT: John submit comments through the internet AGENCY: Federal Aviation Fornito, Operations Support Group, Administration (FAA), DOT. at https://www.regulations.gov. Eastern Service Center, Federal Aviation Persons wishing the FAA to ACTION: Notice of proposed rulemaking Administration, 1701 Columbia Avenue, acknowledge receipt of their comments (NPRM). College Park, GA 30337; Telephone on this action must submit with those (404) 305–6364. comments a self-addressed stamped SUMMARY: This action proposes to SUPPLEMENTARY INFORMATION: postcard on which the following establish Class E airspace extending statement is made: ‘‘Comments to FAA upward from 700 feet above the surface Authority for This Rulemaking Docket No. FAA–2021–0113; Airspace for Doylestown Airport, Doylestown, The FAA’s authority to issue rules Docket No. 21–AEA–2.’’ The postcard PA, to accommodate area navigation regarding aviation safety is found in will be date/time stamped and returned (RNAV) global positioning system (GPS) Title 49 of the United States Code. to the commenter. standard instrument approach Subtitle I, Section 106 describes the All communications received before procedures (SIAPs) serving this airport. authority of the FAA Administrator. the specified closing date for comments Controlled airspace is necessary for the Subtitle VII, Aviation Programs, will be considered before taking action safety and management of instrument describes in more detail the scope of the on the proposed rule. The proposal flight rules (IFR) operations in the area. agency’s authority. This rulemaking is contained in this document may be DATES: Comments must be received on promulgated under the authority changed in light of the comments or before April 26, 2021. described in Subtitle VII, Part A, received. All comments submitted will ADDRESSES: Send comments on this Subpart I, Section 40103. Under that be available for examination in the proposal to: the U.S. Department of section, the FAA is charged with public docket both before and after the Transportation, Docket Operations, 1200 prescribing regulations to assign the use comment closing date. A report New Jersey Avenue SE, West Building of airspace necessary to ensure the summarizing each substantive public Ground Floor, Room W12–140, safety of aircraft and the efficient use of contact with FAA personnel concerned

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with this rulemaking will be filed in the Regulatory Notices and Analyses That airspace extending upward from 700 docket. feet above the surface within a 7.6-mile The FAA has determined that this radius of Doylestown Airport, and within 3.9 Availability of NPRMs proposed regulation only involves an miles each side of the 050° bearing from the established body of technical airport, extending from the 7.6-mile radius to An electronic copy of this document regulations for which frequent and 13.8 miles northeast of the airport. may be downloaded through the routine amendments are necessary to Issued in College Park, Georgia, on March internet at https://www.regulations.gov. keep them operationally current. It, 3, 2021. Recently published rulemaking therefore: (1) Is not a ‘‘significant Andreese C. Davis, documents can also be accessed through regulatory action’’ under Executive Manager, Airspace & Procedures Team South, the FAA’s web page at https:// Order 12866; (2) is not a ‘‘significant Eastern Service Center, Air Traffic www.faa.gov/air_traffic/publications/ rule’’ under DOT Regulatory Policies Organization. _ airspace amendments/. and Procedures (44 FR 11034; February [FR Doc. 2021–04820 Filed 3–9–21; 8:45 am] You may review the public docket 26, 1979); and (3) does not warrant BILLING CODE 4910–13–P containing the proposal, any comments preparation of a Regulatory Evaluation received and any final disposition in as the anticipated impact is so minimal. person in the Dockets Office (see the Since this is a routine matter that will ENVIRONMENTAL PROTECTION ADDRESSES section for address and only affect air traffic procedures and air AGENCY phone number) between 9:00 a.m. and navigation, it is certified that this 5:00 p.m., Monday through Friday, proposed rule, when promulgated, will 40 CFR Part 52 except federal holidays. An informal not have a significant economic impact on a substantial number of small entities [EPA–R05–OAR–2018–0694; FRL–10017– docket may also be examined between 06–Region 5] 8:00 a.m. and 4:30 p.m., Monday under the criteria of the Regulatory Flexibility Act. through Friday, except federal holidays Air Plan Approval; Ohio; Infrastructure at the office of the Eastern Service Environmental Review SIP Requirements for the 2015 Ozone NAAQS Center, Federal Aviation This proposal will be subject to an Administration, Room 350, 1701 environmental analysis in accordance AGENCY: Environmental Protection Columbia Avenue, College Park, GA with FAA Order 1050.1F, Agency (EPA). 30337. ‘‘Environmental Impacts: Policies and ACTION: Proposed rule. Availability and Summary of Procedures’’, prior to any FAA final SUMMARY: The Environmental Protection Documents for Incorporation by regulatory action. Agency (EPA) is proposing to approve Reference Lists of Subjects in 14 CFR Part 71 elements of a state implementation plan This document proposes to amend Airspace, Incorporation by reference, (SIP) submission from Ohio regarding FAA Order 7400.11E, Airspace Navigation (air). the infrastructure requirements of section 110 of the Clean Air Act (CAA) Designations and Reporting Points, The Proposed Amendment dated July 21, 2020, and effective for the 2015 ozone National Ambient September 15, 2020. FAA Order In consideration of the foregoing, the Air Quality Standards (NAAQS). The 7400.11E is publicly available as listed Federal Aviation Administration infrastructure requirements are designed in the ADDRESSES section of this proposes to amend 14 CFR part 71 as to ensure that the structural components document. FAA Order 7400.11E lists follows: of each state’s air quality management Class A, B, C, D, and E airspace areas, program are adequate to meet the state’s PART 71—DESIGNATION OF CLASS A, responsibilities under the CAA. air traffic service routes, and reporting B, C, D, AND E AIRSPACE AREAS; AIR points. DATES: Comments must be received on TRAFFIC SERVICE ROUTES; AND or before April 9, 2021. REPORTING POINTS The Proposal ADDRESSES: Submit your comments, The FAA proposes an amendment to ■ 1. The authority citation for part 71 identified by Docket ID No. EPA–R05– 14 CFR part 71 to establish Class E continues to read as follows: OAR–2018–0694 at http:// airspace extending upward from 700 www.regulations.gov, or via email to Authority: 49 U.S.C. 106(f), 106(g); 40103, [email protected]. For feet above the surface at Doylestown 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Airport, Doylestown, PA, providing the 1959–1963 Comp., p. 389. comments submitted at Regulations.gov, controlled airspace required to support follow the online instructions for RNAV (GPS) standard instrument § 71.1 [Amended] submitting comments. Once submitted, approach procedures for IFR operations ■ 2. The incorporation by reference in comments cannot be edited or removed at this airport. 14 CFR 71.1 of Federal Aviation from Regulations.gov. For either manner Administration Order 7400.11E, of submission, EPA may publish any Class E airspace designations are Airspace Designations and Reporting comment received to its public docket. published in Paragraph 6005, of FAA Points, dated July 21, 2020, and Do not submit electronically any Order 7400.11E, dated July 21, 2020, effective September 15, 2020, is information you consider to be and effective September 15, 2020, which amended as follows: Confidential Business Information (CBI) is incorporated by reference in 14 CFR or other information whose disclosure is Paragraph 6005 Class E Airspace Areas 71.1. The Class E airspace designations restricted by statute. Multimedia listed in this document will be Extending Upward From 700 Feet or More Above the Surface of the Earth. submissions (audio, video, etc.) must be published subsequently in the Order. accompanied by a written comment. * * * * * FAA Order 7400.11, Airspace The written comment is considered the Designations and Reporting Points, is AEA PA E5 Doylestown, PA [New] official comment and should include published yearly and effective on Doylestown Airport, PA discussion of all points you wish to September 15. (Lat. 40°19′59″ N, long. 75°07′20″ W) make. EPA will generally not consider

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comments or comment contents located otherwise noted below, we are following Authority for OEPA to create new outside of the primary submission (i.e., that existing approach in acting on this rules and regulations is found in ORC on the web, cloud, or other file sharing submission. In addition, in the context 3704.3. ORC 3704.03(A) and (X) system). For additional submission of acting on such infrastructure expressly confer rulemaking authority to methods, please contact the person submissions, EPA evaluates the the Director of environmental identified in the FOR FURTHER submitting state’s SIP for facial protection. ORC 3704.03(A) and (E) INFORMATION CONTACT section. For the compliance with statutory and require that OEPA develop programs full EPA public comment policy, regulatory requirements, not for the and promulgate rules for the prevention information about CBI or multimedia state’s implementation of its SIP.2 EPA control, and abatement of air pollution. submissions, and general guidance on has other authority to address any issues ORC 3704.03(D) requires that OEPA making effective comments, please visit concerning a state’s implementation of promulgate ambient air quality http://www2.epa.gov/dockets/ the rules, regulations, consent orders, standards similar to the NAAQS. commenting-epa-dockets. etc. that comprise its SIP. EPA’s 2013 Guidance states that to FOR FURTHER INFORMATION CONTACT: satisfy section 110(a)(2)(A) II. What is EPA’s analysis of this SIP Rachel Rineheart, Environmental requirements, ‘‘an air agency’s submission? Engineer, Attainment Planning and submission should identify existing Maintenance Section, Air Programs On September 28, 2018, Ohio EPA-approved SIP provisions or new Branch (AR–18J), Environmental provided a detailed synopsis of how SIP provisions that the air agency has Protection Agency, Region 5, 77 West various components of its SIP meet each adopted and submitted for EPA Jackson Boulevard, Chicago, Illinois of the applicable requirements in approval that limit emissions of 60604, (312) 886–7017, section 110(a)(2) for the 2015 ozone pollutants relevant to the subject [email protected]. The EPA NAAQS, as applicable. The following NAAQS, including precursors of the Region 5 office is open from 8:30 a.m. review evaluates the state’s submission. relevant NAAQS pollutant where to 4:30 p.m., Monday through Friday, applicable.’’ OEPA identified existing A. Section 110(a)(2)(A)—Emission controls and emission limits in the Ohio excluding Federal holidays and facility Limits and Other Control Measures closures due to COVID–19. Administrative Code that can be applied SUPPLEMENTARY INFORMATION: This section requires SIPs to include to the 2015 ozone NAAQS. These Throughout this document whenever enforceable emission limits and other regulations include controls and ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean control measures, means or techniques, emission limits for volatile organic EPA. This supplementary information schedules for compliance, and other compounds (VOC) and nitrogen oxides section is arranged as follows: related matters. EPA has long (NOX), which are precursors to ozone. interpreted emission limits and control VOC as an ozone precursor is controlled I. What is the background of this SIP measures for attaining the standards as by Ohio Administrative Code (OAC) submission? 3745–14, and NO as an ozone II. What is EPA’s analysis of this SIP being due when nonattainment X 3 submission? planning requirements are due. In the precursor is controlled by OAC 3745– III. What action is EPA taking? context of an infrastructure SIP, EPA is 21. IV. Statutory and Executive Order Reviews not evaluating the existing SIP In this rulemaking, EPA is not provisions for this purpose. Instead, proposing to approve any new I. What is the background of this SIP EPA is only evaluating whether the provisions in OAC 3745 that have not submission? state’s SIP has basic structural been previously approved by EPA. EPA Whenever EPA promulgates a new or provisions for the implementation of the is also not proposing to approve or revised NAAQS, CAA section 110(a)(1) NAAQS. disapprove any existing state provisions requires states to make SIP submissions Under Ohio Revised Code (ORC) or rules regulated to start-up, shutdown to provide for the implementation, 3704.03, the Ohio Environmental or malfunction or director’s discretion maintenance, and enforcement of the Protection Agency (OEPA) holds the in the context of section 110(a)(2)(A). NAAQS. This type of SIP submission is authority to create new rules and EPA has determined that Ohio’s SIP commonly referred to as an implement existing emission limits and provides the required basic structural ‘‘infrastructure SIP.’’ These submissions controls. Authority to monitor, update, provisions for the implementation of the must meet the various requirements of and implement revisions to Ohio’s SIP, NAAQS and proposes to find that Ohio CAA section 110(a)(2), as applicable. including revisions to emission limits has met the infrastructure SIP Due to ambiguity in some of the and control measures as necessary to requirements of section 110(a)(2)(A) language of CAA section 110(a)(2), EPA meet NAAQS is contained in ORC with respect to the 2015 ozone NAAQS. believes that it is appropriate to 3704.03. Authority related to specific B. Section 110(a)(2)(B)—Ambient Air interpret these provisions in the specific pollutants, including the establishment Quality Monitoring/Data System context of acting on infrastructure SIP of ambient air quality standards and submissions. EPA has previously increments, identification of This section requires SIPs to include provided comprehensive guidance on nonattainment areas, air resource provisions to establish and operate the application of these provisions allocations, and performance and ambient air quality monitors, collect through our September 13, 2013, emissions standards, is contained in and analyze ambient air quality data, Infrastructure SIP Guidance (EPA’s 2013 ORC 3704.03. and make these data available to EPA Guidance) and through regional actions upon request. The review of the annual on infrastructure submissions.1 Unless agency actions, including EPA’s prior action on monitoring plan includes EPA’s Ohio’s infrastructure SIP to address the 2012 fine determination that the state: (i) Monitors 1 EPA explains and elaborates on these particulate matter (PM2.5) NAAQS (81 FR 64072, air quality at appropriate locations ambiguities and its approach to address them in our September 19, 2016). throughout the state using EPA- September 13, 2013, Infrastructure SIP Guidance 2 See U.S. Court of Appeals for the Ninth Circuit approved Federal Reference Methods or (available at https://www3.epa.gov/airquality/ decision in Montana Environmental Information urbanair/sipstatus/docs/Guidance_on_ Center v. EPA, No. 16–71933 (Aug. 30, 2018). Federal Equivalent Method monitors; Infrastructure_SIP_Elements_Multipollutant_ 3 e.g., EPA’s final rule on ‘‘National Ambient Air (ii) submits data to EPA’s Air Quality FINAL_Sept_2013.pdf, as well as in numerous Quality Standards for Lead.’’ 73 FR 66964 at 67034. System (AQS) in a timely manner; and,

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(iii) provides EPA Regional Offices with 2. Minor NSR a. PSD Provisions that explicitly prior notification of any planned identify NOX as a precursor to ozone in changes to monitoring sites or the An infrastructure SIP submission the PSD program. network plan. should identify the existing EPA- EPA’s ‘‘Final Rule to Implement the 8- In accordance with 40 CFR part 53 approved SIP provisions that govern the Hour Ozone National Ambient Air and 40 CFR part 58, OEPA continues to minor source pre-construction program Quality Standard—Phase 2; Final Rule operate an air monitoring network, that regulates emissions of the relevant to Implement Certain Aspects of the which is used to determine compliance NAAQS pollutant. EPA approved Ohio’s 1990 Amendments Relating to New with the NAAQS. OEPA enters air minor NSR program on February 21, Source Review and Prevention of monitoring data into AQS, and the state 2002 (see 67 FR 7954); since that date, Significant Deterioration as They Apply provides EPA with prior notification OEPA and EPA have relied on the in Carbon Monoxide, Particulate Matter, when changes to its monitoring network existing minor NSR program to ensure and Ozone NAAQS; Final Rule for or plan are being considered. Further, that new and modified sources not Reformulated Gasoline’’ (Phase 2 Rule) OEPA submits annual monitoring captured by the major NSR permitting was published on November 29, 2005 network plans to EPA. EPA approved programs do not interfere with (see 70 FR 71612). Among other the state’s 2020–2021 Annual Air attainment and maintenance of the requirements, the Phase 2 Rule Monitoring Network Plan on September NAAQS. As stated in EPA’s 2013 obligated states to revise their PSD 23, 2020, including the plan for the Guidance, the CAA allows EPA to programs to explicitly identify NOX as State’s ozone monitoring network. EPA approve infrastructure SIP submissions a precursor to ozone (70 FR 71612 at proposes that Ohio has met the that do not implement the 2002 NSR 71679, 71699–71700). This requirement infrastructure SIP requirements of Reform Rules. Therefore, EPA is not was codified in 40 CFR 51.166.7 section 110(a)(2)(B) with respect to the proposing action on existing NSR The Phase 2 Rule required that states 2015 ozone NAAQS. Reform regulations for Ohio. EPA submit SIP revisions incorporating the requirements of the rule, including C. Section 110(a)(2)(C)—Program for proposes that Ohio has met the minor NSR requirements of section these specific NOX as a precursor to Enforcement of Control Measures; Minor ozone provisions, by June 15, 2007 (70 NSR; PSD 110(a)(2)(C) with respect to the 2015 ozone NAAQS. FR 71612 at 71683, November 29, 2005). States are required to include a EPA approved revisions to Ohio’s program providing for enforcement of 3. PSD PSD SIP reflecting these requirements all SIP measures and the regulation of on October 28, 2014 (79 FR 64119), and construction of new or modified The evaluation of each state’s therefore proposes to find that Ohio has stationary sources to meet new source submission addressing the PSD met this set of infrastructure SIP review (NSR) requirements under requirements of section 110(a)(2)(C) requirements of section 110(a)(2)(C) prevention of significant deterioration covers: A. PSD provisions that explicitly with respect to the 2015 ozone NAAQS. (PSD) and nonattainment NSR (NNSR) identify NOX as a precursor to ozone in b. Identification of precursors to PM2.5 programs. Part C of the CAA (sections the PSD program; b. identification of and the identification of PM2.5 and PM10 4 160–169B) addresses PSD, while part D precursors to PM2.5 and the condensables in the PSD program. 5 of the CAA (sections 171–193) addresses identification PM2.5 and PM10 On May 16, 2008 (see 73 FR 28321), NNSR requirements. EPA’s 2013 condensables in the PSD program; c. EPA issued the Final Rule on the Guidance states that the NNSR PM2.5 increments in the PSD program; ‘‘Implementation of the New Source requirements of section 110(a)(2)(C) are and d. greenhouse gas (GHG) permitting Review (NSR) Program for Particulate generally outside the scope of and the ‘‘Tailoring Rule’’ in the PSD Matter Less than 2.5 Micrometers infrastructure SIPs; however, a state program.6 Some PSD requirements (PM2.5)’’ (2008 NSR Rule). The 2008 must provide for regulation of minor under section 110(a)(2)(C) overlap with NSR Rule finalized several new sources and minor modifications (minor elements of section 110(a)(2)(D)(i), requirements for SIPs to address sources NSR). section 110(a)(2)(E), and section that emit direct PM2.5 and other 110(a)(2)(J). These links will be pollutants that contribute to secondary 1. Program for Enforcement of Control discussed in the appropriate areas PM2.5 formation. One of these Measures below. requirements is for NSR permits to A state’s infrastructure SIP address pollutants responsible for the 4 submission should identify the statutes, PM2.5 refers to particles with an aerodynamic secondary formation of PM2.5, otherwise regulations, or other provisions in the diameter of less than or equal to 2.5 micrometers, known as precursors. In the 2008 rule, oftentimes referred to as ‘‘fine’’ particles. SIP that provide for enforcement of EPA identified precursors to PM2.5 for 5 emission limits and control measures. PM10 refers to particles with an aerodynamic the PSD program to be sulfur dioxide diameter of less than or equal to 10 micrometers. OEPA maintains an enforcement 6 In EPA’s April 28, 2011, proposed rulemaking (SO2) and NOX (unless the state program to ensure compliance with SIP for infrastructure SIPs for the 1997 ozone and PM2.5 demonstrates to the Administrator’s requirements. OEPA compiles all air NAAQS, we stated that each state’s PSD program satisfaction or EPA demonstrates that must meet applicable requirements for evaluation of pollution control enforcement NOX emissions in an area are not a all regulated NSR pollutants in PSD permits (see 76 settlements in the state and makes them FR 23757 at 23760). This view was reiterated in significant contributor to that area’s available for public review on its EPA’s August 2, 2012, proposed rulemaking for ambient PM2.5 concentrations). The website. ORC 3704.03(R) provides the infrastructure SIPs for the 2006 PM2.5 NAAQS (see 2008 NSR Rule also specifies that VOCs Director of OEPA with the authority to 77 FR 45992 at 45998). In other words, if a state are not considered to be precursors to lacks provisions needed to adequately address NOX implement the enforcement program as PM2.5 in the PSD program unless the as a precursor to ozone, PM2.5 precursors, PM2.5 and well as the authority to implement the PM10 condensables, PM2.5 increments, or the state demonstrates to the NSR provisions within OAC 3745–31. Federal GHG permitting thresholds, the provisions Administrator’s satisfaction or EPA EPA proposes that Ohio has met the of section 110(a)(2)(C) requiring a suitable PSD demonstrates that emissions of VOCs in permitting program must be considered not to be enforcement of SIP measures met irrespective of the NAAQS that triggered the an area are significant contributors to requirements of section 110(a)(2)(C) requirement to submit an infrastructure SIP, with respect to the 2015 ozone NAAQS. including the 2015 ozone NAAQS. 7 Similar changes were codified in 40 CFR 52.21.

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that area’s ambient PM2.5 PM10 in PSD permits beginning on or SIP requirements of section 110(a)(2)(C) concentrations. after January 1, 2011. This requirement with respect to the 2015 ozone NAAQS. The explicit references to SO2, NOX, is codified in 40 CFR 51.166(b)(49)(i)(a) d. GHG permitting and the ‘‘Tailoring and VOCs as they pertain to secondary and 40 CFR 52.21(b)(50)(i)(a). Revisions Rule’’ in the PSD program. PM2.5 formation are codified at 40 CFR to states’ PSD programs incorporating With respect to the requirements of 51.166(b)(49)(i)(b) and 40 CFR the inclusion of condensables were section 110(a)(2)(C) as well as section 52.21(b)(50)(i)(b). As part of identifying required be submitted to EPA by May 110(a)(2)(J), EPA interprets the CAA to pollutants that are precursors to PM2.5, 16, 2011 (73 FR 28321 at 28341, May 16, require each state to make an the 2008 NSR Rule also required states 2008). infrastructure SIP submission for a new to revise the definition of ‘‘significant’’ EPA approved revisions to Ohio’s or revised NAAQS that demonstrates as it relates to a net emissions increase PSD SIP reflecting these requirements that the state has a complete PSD or the potential of a source to emit on October 28, 2014 (79 FR 64119), and permitting program meeting the current requirements for all regulated NSR pollutants. Specifically, 40 CFR therefore EPA proposes to find that pollutants. The requirements of element 51.166(b)(23)(i) and 40 CFR Ohio has met this set of infrastructure D(i)(II) may also be satisfied by 52.21(b)(23)(i) define ‘‘significant’’ for SIP requirements of section 110(a)(2)(C) demonstrating the air agency has a PM2.5 to mean the following emissions with respect to the 2015 ozone NAAQS. rates: 10 tons per year (tpy) of direct complete PSD permitting program c. PM2.5 increments in the PSD PM2.5; 40 tpy of SO2; and 40 tpy of NOX correctly addressing all regulated NSR (unless the state demonstrates to the program. pollutants. Ohio currently has a SIP- Administrator’s satisfaction or EPA On October 20, 2010, EPA issued the approved PSD program in place that demonstrates that NOX emissions in an final rule on the ‘‘Prevention of covers all regulated NSR pollutants. area are not a significant contributor to Significant Deterioration (PSD) for Ohio has shown that it currently has a that area’s ambient PM2.5 Particulate Matter Less Than 2.5 PSD program in place that covers all concentrations). The deadline for states Micrometers (PM2.5)—Increments, regulated NSR pollutants, including to submit SIP revisions to their PSD Significant Impact Levels (SILs) and GHGs. programs incorporating these changes Significant Monitoring Concentration On June 23, 2014, the United States was May 16, 2011 (73 FR 28321 at (SMC)’’ (2010 NSR Rule). This rule Supreme Court issued a decision 28341, May 16, 2008).8 established several components for addressing the application of PSD The 2008 NSR Rule did not require making PSD permitting determinations permitting requirements to GHG states to immediately account for gases for PM2.5, including a system of emissions. Utility Air Regulatory Group that could condense to form particulate ‘‘increments’’ which is the mechanism v. Environmental Protection Agency, matter, known as condensables, in PM2.5 used to estimate significant 134 S.Ct. 2427. The Supreme Court said and PM10 emission limits in NSR deterioration of ambient air quality for that EPA may not treat GHGs as an air permits. Instead, EPA determined that a pollutant. These increments are pollutant for purposes of determining states had to account for PM2.5 and PM10 codified in 40 CFR 51.166(c) and 40 whether a source is a major source condensables for applicability CFR 52.21(c), and are included in the required to obtain a PSD permit. The determinations and in establishing table below. Court also said that EPA could continue emissions limitations for PM2.5 and to require that PSD permits, otherwise TABLE 1—PM2.5 INCREMENTS ESTAB- required based on emissions of 8 EPA notes that on January 4, 2013, the U.S. LISHED BY THE 2010 NSR RULE IN pollutants other than GHGs, contain Court of Appeals for the D.C. Circuit, in Natural MICROGRAMS PER CUBIC METER limitations on GHG emissions based on Resources Defense Council v. EPA, 706 F.3d 428 the application of Best Available (D.C. Cir.), held that EPA should have issued the 2008 NSR Rule in accordance with the CAA’s Annual Control Technology (BACT). requirements for PM nonattainment areas (Title I, 24-hour In accordance with the Supreme 10 arithmetic max part D, subpart 4), and not the general requirements mean Court decision, on April 10, 2015, the for nonattainment areas under subpart 1 (Natural U.S. Court of Appeals for the District of Resources Defense Council v. EPA, No. 08–1250). Class I ...... 1 2 Columbia Circuit (the D.C. Circuit) As the subpart 4 provisions apply only to Class II ...... 4 9 nonattainment areas, EPA does not consider the issued an amended judgment vacating Class III ...... 8 18 portions of the 2008 rule that address requirements the regulations that implemented Step 2 for PM2.5 attainment and unclassifiable areas to be of EPA’s PSD and Title V Greenhouse affected by the court’s opinion. Moreover, EPA does The 2010 NSR Rule also established a not anticipate the need to revise any PSD Gas Tailoring Rule, but not the requirements promulgated by the 2008 NSR rule in new ‘‘major source baseline date’’ for regulations that implement Step 1 of order to comply with the court’s decision. PM2.5 as October 20, 2010, and a new that rule. Step 1 of the Tailoring Rule Accordingly, EPA’s approval of Ohio’s trigger date for PM2.5 as October 20, covers sources that are required to infrastructure SIP as to elements (C), (D)(i)(II), or (J) 2011. These revisions are codified in 40 with respect to the PSD requirements promulgated obtain a PSD permit based on emissions by the 2008 implementation rule does not conflict CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), of pollutants other than GHGs. Step 2 with the court’s opinion. and 40 CFR 52.21(b)(14)(i)(c) and applied to sources that emitted only The Court’s decision with respect to the (b)(14)(ii)(c). Lastly, the 2010 NSR Rule GHGs above the thresholds triggering nonattainment NSR requirements promulgated by revised the definition of ‘‘baseline area’’ the requirement to obtain a PSD permit. the 2008 implementation rule also does not affect to include a level of significance of 0.3 EPA’s action on the present infrastructure action. The amended judgment preserves, EPA interprets the CAA to exclude nonattainment micrograms per cubic meter, annual without the need for additional area requirements, including requirements average, for PM2.5. This change is rulemaking by EPA, the application of associated with a nonattainment NSR program, codified in 40 CFR 51.166(b)(15)(i) and the BACT requirement to GHG from infrastructure SIP submissions due three years 40 CFR 52.21(b)(15)(i). after adoption or revision of a NAAQS. Instead, emissions from Step 1 or ‘‘anyway’’ these elements are typically referred to as EPA approved revisions to Ohio’s sources. With respect to Step 2 sources, nonattainment SIP or attainment plan elements, PSD SIP reflecting these requirements the D.C. Circuit’s amended judgment which would be due by the dates statutorily on October 28, 2014 (79 FR 64119), and prescribed under subpart 2 through 5 under part D, vacated the regulations at issue in the extending as far as 10 years following designations therefore EPA proposes to find that litigation, including 40 CFR for some elements. Ohio has met this set of infrastructure 51.166(b)(48)(v), ‘‘to the extent they

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require a stationary source to obtain a 1. Significant Contribution to 110(a)(2)(D)(i)(II) requirements relating PSD permit if greenhouse gases are the Nonattainment to interference with PSD for the 2015 only pollutant (i) that the source emits In this rulemaking, EPA is not ozone NAAQS. or has the potential to emit above the evaluating section 110(a)(2)(D)(i)(I) 4. Interference With Visibility applicable major source thresholds, or requirements relating to significant Protection (ii) for which there is a significant contribution to nonattainment for the With regard to the applicable emission increase from a modification.’’ 2015 ozone NAAQS. Instead, EPA will EPA is planning to take additional requirements for visibility protection of evaluate these requirements in a section 110(a)(2)(D)(i)(II), states are steps to revise Federal PSD rules in light separate rulemaking. of the Supreme Court opinion and subject to visibility and regional haze subsequent D.C. Circuit judgment. Some 2. Interference With Maintenance program requirements under part C of the CAA (which includes sections 169A states have begun to revise their existing In this rulemaking, EPA is not and 169B). EPA’s 2013 Guidance states SIP-approved PSD programs in light of evaluating section 110(a)(2)(D)(i)(I) that these requirements can be satisfied these court decisions, and some states requirements relating to interference by an approved SIP addressing may prefer not to initiate this process with maintenance for the 2015 ozone reasonably attributable visibility until they have more information about NAAQS. Instead, EPA will evaluate impairment, if required, or an approved the planned revisions to EPA’s PSD these requirements in a separate SIP addressing regional haze. regulations. EPA is not expecting states rulemaking. to have revised their PSD programs in On May 10, 2018, EPA published its anticipation of EPA’s planned actions to 3. Interference With PSD final approval of Ohio’s regional haze plan (see 83 FR 21719). Therefore, EPA revise its PSD program rules in response EPA notes that Ohio’s satisfaction of proposes to find that Ohio has met all to the court decisions. For purposes of the applicable infrastructure SIP PSD applicable section 110(a)(2)(D)(i)(II) infrastructure SIP submissions, EPA is requirements for the 2015 ozone requirements relating to interference only evaluating such submissions to NAAQS has been detailed in the section with visibility protection for the 2015 assure that the state’s program addresses addressing section 110(a)(2)(C). EPA ozone NAAQS. GHGs consistent with both court further notes that the proposed actions decisions. in that section related to PSD are 5. Interstate and International Pollution On February 14, 2020, EPA updated consistent with the proposed actions Abatement the Ohio SIP to include revised PSD related to PSD for section Section 110(a)(2)(D)(ii) requires each rules reflecting the Supreme Court 110(a)(2)(D)(i)(II), and they are reiterated SIP to contain adequate provisions decision and D.C. Circuit judgement, below. requiring compliance with the and preserving PSD permitting EPA has previously approved applicable requirements of section 126 requirements for GHGs for ‘‘anyway’’ revisions to Ohio’s SIP that meet certain and section 115 (relating to interstate sources (see 85 FR 8406). EPA proposes requirements obligated by the Phase 2 and international pollution abatement, to find that the Ohio SIP is sufficient to Rule and the 2008 NSR Rule. These respectively). Section 126(a) requires satisfy Elements (C), (D)(i)(II), and (J) revisions included provisions that: new or modified sources to notify with respect to GHGs. This is because Explicitly identify NOX as a precursor to neighboring states of potential impacts the PSD permitting program previously ozone, explicitly identify SO2 and NOX from the source. The statute does not approved by EPA into the SIP continues as precursors to PM2.5, and regulate specify the method by which the source to require that PSD permits issued to condensable PM2.5 and PM10 in should provide the notification. States ‘‘anyway sources’’ contain limitations applicability determinations and with SIP-approved PSD programs must on GHG emissions based on the establishing emissions limits. EPA has have a provision requiring such application of BACT. also previously approved revisions to notification by new or modified sources. Ohio’s SIP that incorporate the PM D. Section 110(a)(2)(D)—Interstate 2.5 A lack of such a requirement in state increments and the associated Transport rules would be grounds for disapproval implementation regulations including of this element. Section 110(a)(2)(D)(i)(I) requires SIPs the major source baseline date, trigger Ohio has provisions in its EPA- to include provisions prohibiting any date, and level of significance for PM2.5 approved PSD program in OAC 3745– source or other type of emissions per the 2010 NSR Rule. EPA is 31–06(H)(2) requiring new or modified activity in one state from contributing proposing to find that Ohio’s SIP sources to notify neighboring states of significantly to nonattainment, or contains provisions that adequately potential negative air quality impacts. interfering with maintenance, of the address the 2015 ozone NAAQS. Ohio’s submission references these NAAQS in another state. Section States also have an obligation to provisions as being adequate to meet the 110(a)(2)(D)(i)(II) requires SIPs to ensure that sources located in requirements of section 126(a). Ohio include provisions prohibiting any nonattainment areas do not interfere does not have any obligations under any source or other type of emissions with a neighboring state’s PSD program. other subsection of section 126, nor activity in one state from interfering One way that this requirement can be does it have any pending obligations with measures required of any other satisfied is through an NNSR program under section 115. Therefore, EPA is state to prevent significant deterioration consistent with the CAA that addresses proposing to find that Ohio has met all of air quality, or from interfering with any pollutants for which there is a applicable section 110(a)(2)(D)(ii) measures required of any other state to designated nonattainment area within requirements for the 2015 ozone protect visibility. Section 110(a)(2)(D)(ii) the state. NAAQS. requires each SIP to contain adequate Ohio’s EPA-approved NNSR provisions requiring compliance with regulations are contained in OAC E. Section 110(a)(2)(E)—Adequate the applicable requirements of section Chapter 3745–31 and are consistent Resources; State Board Requirements 126 and section 115 (relating to with 40 CFR 51.165. Therefore, EPA This section requires each state to interstate and international pollution proposes to find that Ohio has met all provide for adequate personnel, abatement, respectively). of the applicable section funding, and legal authority under state

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law to carry out its SIP, and related with the ethics committee including OEPA District Offices and local air issues. Section 110(a)(2)(E)(ii) also potential conflicts of interest; agencies are currently required to requires each state to comply with the furthermore, this annual filing is subject witness 50% of all source emissions requirements respecting state boards to public inspection. Therefore, EPA testing and review 100% of all under section 128. proposes to find that Ohio has met the emissions tests (fulfilling the correlation applicable infrastructure SIP requirement of sub-element 3 discussed 1. Adequate Resources requirements of this portion of below). Presently, 290 Ohio sources To satisfy the adequate resources 110(a)(2)(E) with respect to the 2015 employ 738 continuous monitoring requirements of section 110(a)(2)(E), the ozone NAAQS. systems for various air pollutants. OEPA state should explain in the oversees the operation and certification infrastructure SIP submission how F. Section 110(a)(2)(F)—Stationary Source Monitoring System of these systems and routinely provides resources and personnel and legal quarterly summary reports to EPA. authority are adequate and provide any Section 110(a)(2)(F) contains several These reports are also available for additional assurances needed to meet requirements, each of which are public inspection (partially fulfilling the changes in resource requirements by the described below. public inspection component of sub- new or revised NAAQS. 1. Installation, maintenance, element 3 discussed below). Ohio’s biennial budget and its replacement of equipment, and other Based on the above, EPA proposes to environmental performance partnership necessary steps by owners or operators find that Ohio has met the infrastructure agreement with EPA document funding of stationary sources to monitor SIP requirements of section and personnel levels for OEPA every emissions from such sources. 110(a)(2)(F)(i) with respect to the 2015 two years. OEPA has demonstrated that EPA’s rules regarding how SIPs need ozone standard. it retains adequate personnel to to address requirements for source 2. Periodic reports on the nature and administer its air quality management monitoring are contained in 40 CFR amounts of emissions and emissions- program. As discussed in an earlier 51.212 (‘‘Testing, inspection, related data from stationary sources. section, ORC 3704.03 provides the legal enforcement, and compliance’’). This To address periodic reporting authority under state law to carry out EPA regulation requires SIPs to provide requirements, the infrastructure SIP the SIP. EPA proposes that Ohio has met for a program of periodic testing and submission should include air agency the infrastructure SIP requirements of inspection of stationary sources, to requirements providing for periodic this portion of section 110(a)(2)(E) with provide for the identification of reporting of emissions and emissions- respect to the 2015 ozone NAAQS. allowable test methods, and to exclude related data by sources to the air agency, any provision that would prevent the 2. State Board Requirements as required by the following emissions use of any credible evidence of reporting requirements: 40 CFR 51.211 Section 110(a)(2)(E) also requires each noncompliance. (‘‘Emissions reports and SIP to contain provisions that comply The requirements for Ohio source recordkeeping’’); 40 CFR 51.321 through with the state board requirements of testing of air contaminants are found in 51.323 (‘‘Source Emissions and State section 128 of the CAA. That provision SIP-approved OAC 3745–15 along with Action Reporting’’); and EPA’s Air contains two explicit requirements: (i) general provisions that include Emissions Reporting Rule, 40 CFR part That any board or body which approves submitting of emissions reports and 51, subpart A (‘‘Air Emissions Reporting measurement of emissions. SIP- permits or enforcement orders under Requirements’’).9 The section 51.321 approved OAC rule 3745–21–03 this chapter shall have at least a requirement that emissions reports from addresses methods of ambient air majority of members who represent the states be made through the appropriate measurements for ozone. SIP-approved public interest and do not derive any EPA Regional Office has been OAC Chapters 3745–77 and 3745–31 significant portion of their income from superseded in practice, as these data are provide requirements for recordkeeping persons subject to permits and now to be reported electronically by sources. Ohio has the authority enforcement orders under this chapter, through a centralized data portal under SIP-approved ORC 3704.03(I) to and (ii) that any potential conflicts of pursuant to 40 CFR 51.45(b), which require owners or operators of air interest by members of such board or refers to the website http:// contaminant sources to install, employ, body or the head of an executive agency www.epa.gov/ttn/chief which was maintain and operate such emissions, with similar powers be adequately moved to https://www.epa.gov/chief for ambient air quality, meteorological, or disclosed. the latest information on data reporting Ohio does not have a board that has other monitoring devices or methods as procedures. All states have existing the authority to approve enforcement the Director of OEPA shall prescribe; to periodic source reporting of emissions orders or permitting actions as outlined sample those emissions at such and emission inventory reporting in section 128(a)(1) of the CAA; instead, locations, at such intervals, and in such practices. Thus, for any new or revised this authority rests with the Director of manner as the Director of OEPA NAAQS, the infrastructure SIP may be OEPA. Therefore, section 128(a)(1) of prescribes; to maintain records and file able to certify existing authority and the CAA is not applicable in Ohio. periodic reports with the Director of commitments and provide any Under section 128(a)(2), the head of OEPA containing information as to additional assurance needed to meet the executive agency with the power to location, size, and height of emission changes in reporting and inventory approve enforcement orders or permits outlets, rate, duration, and composition requirements associated with the new or must adequately disclose any potential of emissions, and any other pertinent revised NAAQS. conflicts of interest. OEPA notes that information the Director of OEPA OEPA has reporting requirements EPA has previously approved prescribes; and to provide such written consistent with 40 CFR 51.211, 40 CFR provisions into Ohio’s SIP addressing notice to other states as the Director of 51.321 to 323, and 40 CFR part 51, these requirements (46 FR 57490). OEPA shall prescribe. Ohio does not subpart A. Under Title V of the CAA, Notably, ORC 102: Public Officers— have any provisions preventing the use Ethics contains provisions that require of any credible evidence. 9 40 CFR 51.321 through 51.323 nominally the Director of OEPA (and his/her Hundreds of emission tests are address emission reporting but merely cross- delegate) to file an annual statement performed throughout Ohio each year. reference to subpart A.

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facilities that have the potential to emit standards. Thus, source reports of substantial endangerment to public certain amounts of air pollution are annual, ozone season, or summer day health or welfare, or the environment required to apply for and obtain a state- emissions used by the air agency to with respect to the 2015 ozone NAAQS. federal operating permit and pay create the annual and triennial emission H. Section 110(a)(2)(H)—Future SIP emission fees. In Ohio, facilities are inventory submission to EPA under 40 Revisions required to file on April 15th of each CFR part 51 subpart A in general would year. The Fee Emissions Report (FER) not need to be correlated with specific This section requires states to have requirements are outlined in ORC emission limitations or standards, as the authority to revise their SIPs in 3745.11 and OAC rule 3745–78–02. many sources do not have applicable response to changes in the NAAQS, Facilities are required to apply for and emission limitations defined for those availability of improved methods for obtain an air pollution control operating averaging periods. However, if the attaining the NAAQS, or to an EPA permit and submit an annual emissions sources have applicable emissions finding that the SIP is substantially report for estimated actual facility wide limitations that are defined for these inadequate. As previously mentioned, emissions of particulate matter (PM), averaging periods, then they would ORC 3704.03 provides the Director of SO2, NOX, organic compounds (OC), need to be correlated. OEPA with the authority to develop lead, carbon monoxide (CO), and As stated previously, OEPA District rules and regulations necessary to meet ammonia (NH3) no later than April 15th Offices and local air agencies are ambient air quality standards in all for the previous year. Also, OEPA has currently required to review 100% of all areas in the state as expeditiously as the authority under OAC 3745–15–03 to source emissions tests fulfilling the practicable, but not later than any request and receive the information correlation requirement of this sub- deadlines applicable under the CAA. from regulated entities. Ohio provides element. Also as stated previously, ORC 3704.03 also provides the Director an Emission Inventory Summary (EIS) OEPA has reporting requirements of OEPA with the authority to develop to EPA to develop an annual criteria and consistent with 40 CFR 51.211, 40 CFR programs for the prevention, and toxic pollutant inventory pursuant to 40 51–321 to 323, and 40 CFR part 51, abatement of air pollution. Based on the CFR 51.321. Beginning with the subpart A. Ohio’s source emission above, EPA proposes to find that Ohio calendar year 2006 inventory, all Ohio reports are available upon request by has met the infrastructure SIP Title V and synthetic minor facilities are EPA or other interested parties. requirements of section 110(a)(2)(H) required to file a complete inventory. Additionally, EIS Data and Reports can with respect to the 2015 ozone NAAQS. Pollutants required to be reported in the be downloaded from the OEPA website EIS are: NO , VOC, SO , Lead, OC, CO, at https://www.epa.ohio.gov/dapc/ I. Section 110(a)(2)(I)—Nonattainment X 2 Area Plan or Plan Revisions Under Part NH3, PM-condensable, PM-filterable, aqmp/eiu/eis#126013925-download-eis- D PM10-filterable, and PM2.5-filterable. data-and-reports. Based on the above, Based on the above, EPA proposes to EPA proposes to find that Ohio has met The CAA requires that each plan or find that Ohio has met the infrastructure the infrastructure SIP requirements of plan revision for an area designated as SIP requirements of section section 110(a)(2)(F)(iii) with respect to a nonattainment area meet the 110(a)(2)(F)(ii) with respect to the 2015 the 2015 ozone standard. applicable requirements of part D of the ozone standard. G. Section 110(a)(2)(G)—Emergency CAA. Part D relates to nonattainment 3. Correlation of emissions reports by Powers areas. EPA has determined that section the State agency with any applicable 110(a)(2)(I) is not applicable to the emission limitations or standards, This section requires that a plan infrastructure SIP process. Instead, EPA reports shall be available at reasonable provide for authority that is analogous takes action on part D attainment plans times for public inspection. to what is provided in section 303 of the through separate processes. For this sub-element, the CAA, and adequate contingency plans infrastructure SIP submission should to implement such authority. EPA’s J. Section 110(a)(2)(J)—Consultation reference and describe existing air 2013 Guidance states that infrastructure With Government Officials; Public agency requirements that have been SIP submissions should specify Notifications; PSD; Visibility Protection approved into the SIP by EPA, or authority, rested in an appropriate The evaluation of the submissions include air agency requirements being official, to restrain any source from from Ohio with respect to the newly submitted, that provide for the causing or contributing to emissions requirements of section 110(a)(2)(J) are following: (1) Correlation 10 by the air which present an imminent and described below. agency of emissions reports by sources substantial endangerment to public with applicable emission limitations or health or welfare, or the environment. 1. Consultation With Government standards; and (2) the public availability The regulations at OAC 3745–25 Officials of emission reports by sources. Under contain provisions which allow the States must provide a process for 40 CFR part 51 subpart G, 40 CFR Director of OEPA to determine the consultation with local governments 51.116 (‘‘Data availability’’), contains conditions that comprise air pollution and Federal Land Managers (FLMs) the requirements for correlating data. alerts, warnings, and emergencies. carrying out NAAQS implementation Correlation with applicable emissions Moreover, the rules contained in OAC requirements. limitations or standards is relevant only 3745–25 provide the requirement to OEPA actively participates in the for those reports of source emissions implement emergency action plans in regional planning efforts that include that reflect the test method(s) and the event of an air quality alert or state rule developers, representatives averaging period(s) specified in higher. Based on the above, EPA from the FLMs, and other affected applicable emission limitations or proposes to find that Ohio has met the stakeholders. Additionally, Ohio is an applicable infrastructure SIP active member of the Lake Michigan Air 10 As defined in 40 CFR 51.116(c), the term requirements of section 110(a)(2)(G) Directors Consortium, which consists of ‘‘correlated’’ means ‘‘presented in such a manner as related to authority to implement collaboration with the States of Illinois, to show the relationship between measured or estimated amounts of emissions and the amounts of measures to restrain sources from Indiana, Wisconsin, Michigan, and such emissions allowable under the applicable causing or contributing to emissions Minnesota. OAC 3745–31–06 is a SIP- emission limitations or other measures.’’ which present an imminent and approved rule which requires

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notification and the availability of with section 110(a)(2)(J) for the 2015 L. Section 110(a)(2)(L)—Permitting Fees public participation related to NSR ozone NAAQS. This section requires SIPs to mandate actions; notification is provided to the 4. Visibility Protection each major stationary source to pay general public, executives of the city or permitting fees to cover the cost of county where the source is located, States are subject to visibility and reviewing, approving, implementing, other state or local air pollution control regional haze program requirements and enforcing a permit. OEPA agencies, regional land use planning under part C of the CAA (which implements and operates the title V agencies, and FLMs. OAC 3704.03(K) is includes sections 169A and 169B). In permit program, which EPA approved a SIP-approved rule that requires OEPA the event of the establishment of a new on August 15, 1995 (60 FR 42045); give reasonable public notice and NAAQS, however, the visibility and revisions to the program were approved conduct public hearings on any plans regional haze program requirements on November 20, 2003 (68 FR 65401). for the prevention, control, and Additional rules that contain the abatement of air pollution that the under part C do not change. Thus, we find that there is no new visibility provisions, requirements, and structures Director of OEPA is required to submit associated with the costs for reviewing, to EPA. Based on the above, EPA obligation ‘‘triggered’’ under section 110(a)(2)(J) when a new NAAQS approving, implementing, and enforcing proposes to find that Ohio has met the various types of permits can be found in infrastructure SIP requirements of this becomes effective. In other words, EPA has determined that the visibility ORC 3745.11 and OAC rule 3745–78– portion of section 110(a)(2)(J) with 02. Based on the above, EPA proposes protection requirements of section respect to the 2015 ozone NAAQS. to find that Ohio has met the 110(a)(2)(J) are not germane to 2. Public Notification infrastructure SIP requirements of infrastructure SIPs for the 2015 ozone section 110(a)(2)(L) with respect to the Section 110(a)(2)(J) requires states to NAAQS. 2015 ozone NAAQS. notify the public if NAAQS are exceeded in an area and to enhance K. Section 110(a)(2)(K)—Air Quality M. Section 110(a)(2)(M)—Consultation/ public awareness of measures that can Modeling/Data Participation by Affected Local Entities be taken to prevent exceedances. SIPs must provide for air quality States must consult with and allow OEPA maintains portions of its modeling for predicting effects on air participation from local political website specifically for issues related to quality of emissions from any NAAQS subdivisions affected by the SIP. OEPA 11 the 2015 ozone NAAQS. OEPA’s pollutant and submission of such data follows approved procedures for remote air data system (RADS) provides to EPA upon request. OEPA reviews the allowing public participation, consistent online reports of real time air quality potential impact of all major and some with SIP-approved OAC 3745–47. data on the internet and feeds raw minor new and modified sources using Consultation with local governments is information to EPA’s AIRNOW program. computer model simulations consistent authorized through ORC 3704.03(B). OEPA also prepares annual data reports with 40 CFR part 51, appendix W, OEPA provides a public participation from its complete monitoring network. Guidelines on Air Quality Models. The process for all stakeholders that Based on the above, EPA proposes to regulatory requirements related to PSD includes a minimum of a 30-day find that Ohio has met the infrastructure modeling can be found in SIP-approved comment period and opportunity to SIP requirements of this portion of request a public hearing for all SIP- section 110(a)(2)(J) with respect to the rule OAC 3745–31–18, and Ohio’s authority to require modeling conducted related actions. Based on the above, EPA 2015 ozone NAAQS. proposes to find that Ohio has met the by other entities, e.g., applicants, and infrastructure SIP requirements of 3. PSD the state’s authority to perform section 110(a)(2)(M) with respect to the modeling for attainment demonstrations States must meet applicable 2015 ozone NAAQS. requirements of section 110(a)(2)(C) can be found in SIP-approved ORC related to PSD. OEPA’s PSD program in 3704.03(F). Ohio also develops area- III. What action is EPA taking? the context of infrastructure SIPs has wide air quality modeling related to EPA is proposing to approve most already been discussed above in the attainment demonstrations. Ohio’s elements of a submission from Ohio paragraphs addressing section authority to conduct this type of certifying that its current SIP is 110(a)(2)(C) and 110(a)(2)(D)(i)(II), and modeling lies within SIP-approved ORC sufficient to meet the infrastructure EPA has determined that that the 3704.03(A), (C), (E), (N) and (X). These requirements in sections 110(a)(1) and proposed actions for those sections are modeling data are available to EPA or (2) with respect to the 2015 ozone consistent with the proposed actions for other interested parties upon request. NAAQS. EPA’s proposed actions for the this portion of section 110(a)(2)(J). Based on the above, EPA proposes to state’s satisfaction of infrastructure SIP Therefore, EPA proposes to find that find that Ohio has met the infrastructure requirements, by element of section Ohio has met all of the infrastructure SIP requirements of section 110(a)(2)(K) 110(a)(2) are contained in the table SIP requirements for PSD associated with respect to the 2015 ozone NAAQS. below.

2015 ozone Element NAAQS

(A)—Emission limits and other control measures ...... A (B)—Ambient air quality monitoring/data system ...... A (C)1—Program for enforcement of control measures ...... A (C)2—PSD ...... A (D)1—I Prong 1: Interstate transport—significant contribution ...... NA (D)2—I Prong 2: Interstate transport—interfere with maintenance ...... NA (D)3—II Prong 3: Interstate transport—prevention of significant deterioration ...... A

11 http://www.epa.ohio.gov/dapc/sip/sip.aspx.

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2015 ozone Element NAAQS

(D)4—II Prong 4: Interstate transport—protect visibility ...... A (D)5—Interstate and international pollution abatement ...... A (E)1—Adequate resources ...... A (E)2—State board requirements ...... A (F)1—Monitoring/Testing Source Emissions ...... A (F)2—Periodic Source Emissions Reports ...... A (F)3—Correlation and Public Availability of Source Emissions Reports and Data ...... A (G)—Emergency power ...... A (H)—Future SIP revisions ...... A (I)—Nonattainment planning requirements of part D ...... * (J)1—Consultation with government officials ...... A (J)2—Public notification ...... A (J)3—PSD ...... A (J)4—Visibility protection ...... * (K)—Air quality modeling/data ...... A (L)—Permitting fees ...... A (M)—Consultation and participation by affected local entities ...... A

In the above table, the key is as in the Unfunded Mandates Reform Act Dated: February 4, 2021. follows: of 1995 (Pub. L. 104–4); Cheryl Newton, • Does not have federalism Acting Regional Administrator, Region 5. A ...... Approve. implications as specified in Executive [FR Doc. 2021–02743 Filed 3–9–21; 8:45 am] NA ...... No Action/Separate Rulemaking. BILLING CODE 6560–50–P * ...... Not germane to infrastructure Order 13132 (64 FR 43255, August 10, SIPs. 1999); • Is not an economically significant ENVIRONMENTAL PROTECTION IV. Statutory and Executive Order regulatory action based on health or AGENCY Reviews safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Under the CAA, the Administrator is 40 CFR Part 52 required to approve a SIP submission • Is not a significant regulatory action that complies with the provisions of the subject to Executive Order 13211 (66 FR [EPA–R06–OAR–2020–0165; FRL–10018– CAA and applicable Federal regulations. 28355, May 22, 2001); 30–Region 6] 42 U.S.C. 7410(k); 40 CFR 52.02(a). • Is not subject to requirements of Thus, in reviewing SIP submissions, Air Approval Plans; Texas; Reasonably Section 12(d) of the National Available Control Technology in the EPA’s role is to approve state choices, Technology Transfer and Advancement provided that they meet the criteria of Houston-Galveston-Brazoria Ozone Act of 1995 (15 U.S.C. 272 note) because Nonattainment Area the CAA. Accordingly, this action application of those requirements would merely approves state law as meeting be inconsistent with the CAA; and AGENCY: Environmental Protection Federal requirements and does not • Agency (EPA). impose additional requirements beyond Does not provide EPA with the those imposed by state law. For that discretionary authority to address, as ACTION: Proposed rule. reason, this action: appropriate, disproportionate human SUMMARY: Pursuant to the Federal Clean • Is not a significant regulatory action health or environmental effects, using practicable and legally permissible Air Act (CAA or the Act), the subject to review by the Office of Environmental Protection Agency (EPA) Management and Budget under methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). is proposing to approve the May 13, Executive Orders 12866 (58 FR 51735, 2020 revisions to the Texas State In addition, the SIP is not approved October 4, 1993) and 13563 (76 FR 3821, Implementation Plan (SIP) concerning January 21, 2011); to apply on any Indian reservation land • Reasonably Available Control Is not an Executive Order 13771 (82 or in any other area where EPA or an Technology (RACT) requirement for the FR 9339, February 2, 2017) regulatory Indian tribe has demonstrated that a Houston-Galveston-Brazoria (HGB), action because it is not a significant tribe has jurisdiction. In those areas of 2008 8-hour ozone National Air Quality regulatory action under Executive Order Indian country, the rule does not have Ambient Air Quality Standards 12866; tribal implications and will not impose (NAAQS) nonattainment area (NA). The • Does not impose an information substantial direct costs on tribal HGB area, designated as serious for 2008 collection burden under the provisions governments or preempt tribal law as 8-hour ozone NAAQS, consists of of the Paperwork Reduction Act (44 specified by Executive Order 13175 (65 Brazoria, Chambers, Fort Bend, U.S.C. 3501 et seq.); FR 67249, November 9, 2000). Galveston, Harris, Liberty, Montgomery • Is certified as not having a List of Subjects in 40 CFR Part 52 and Waller counties. The RACT significant economic impact on a requirements apply to sources of substantial number of small entities Environmental protection, Air Volatile Organic Compounds (VOC) and under the Regulatory Flexibility Act (5 pollution control, Incorporation by Oxides of Nitrogen (NOX) in this area. U.S.C. 601 et seq.); reference, Intergovernmental relations, We are also proposing to approve • Does not contain any unfunded Nitrogen dioxide, Ozone, Reporting and negative declarations for certain VOC mandate or significantly or uniquely recordkeeping requirements, Volatile source categories subject to RACT in the affect small governments, as described organic compounds. HGB area.

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DATES: Written comments must be Sections 182(b)(2) and (f) require that the NAA boundaries for areas that did received on or before April 9, 2021. SIPs for ozone nonattainment areas not meet the 75 ppb standard. ADDRESSES: Submit your comments, classified as moderate or above include Furthermore, the finalized identified by Docket No. EPA–R06– implementation of RACT for any source nonattainment areas were classified OAR–2020–0165, at https:// covered by a Control Techniques according to the severity of their O3 air www.regulations.gov or via email to Guidelines (CTG) document and also for quality problems as determined by each 3 [email protected]. Follow the any major source of VOC or NOX not area’s design value. The O3 online instructions for submitting covered by a CTG. It is worth noting that classification categories were defined as comments. Once submitted, comments for some CTG categories, RACT is Marginal, Moderate, Serious, Severe, or cannot be edited or removed from applicable to minor or area sources. The Extreme. Regulations.gov. The EPA may publish EPA has defined RACT as the lowest Originally the HGB area was classified any comment received to its public emissions limitation that a particular as ‘‘marginal’’ (77 FR 30088 and 77 FR 4 docket. Do not submit electronically any source is capable of meeting by the 30160, May 21, 2012). However, the information you consider to be application of control technology that is HGB area did not meet the revised Confidential Business Information (CBI) reasonably available, considering attainment deadline of July 20, 2016 and or other information whose disclosure is technological and economic feasibility. was reclassified to moderate. Based on restricted by statute. Multimedia See September 17, 1979 (44 FR 53761). the moderate classification of the HGB submissions (audio, video, etc.) must be For a Moderate, Serious, or Severe area for the 2008 ozone standard, under accompanied by a written comment. area a major stationary source is one section 182(b) of the CAA, a major The written comment is considered the that emits, or has the potential to emit, stationary source in the area is one that official comment and should include 100, 50, or 25 tons per year (tpy) or emits, or has the potential to emit, 100 tpy or more of VOCs or NO . However, discussion of all points you wish to more of VOCs or NOX, respectively. See X make. The EPA will generally not CAA sections 182(b), 182(c), and 182(d). on August 23, 2019 (84 FR 44238), we consider comments or comment The EPA provides states with guidance found the HGB area did not meet the contents located outside of the primary concerning what types of controls could attainment date for the moderate submission (i.e., on the web, cloud, or constitute RACT for a given source classification under the 2008 O3 other file sharing system). For category through the issuance of CTG NAAQS and designated the area to be a additional submission methods, please and Alternative Control Techniques ‘‘serious’’ nonattainment area with an contact Robert M. Todd, (214) 665– (ACT) documents. See https:// attainment date of July 20, 2021. Under 2156, [email protected]. For the full www.epa.gov/ground-level-ozone- the ‘‘serious’’ designation the major EPA public comment policy, pollution/control-techniques-guidelines- source threshold is 50 tpy or more of information about CBI or multimedia and-alternative-control-techniques (URL VOC or NOX. In our action reclassifying submissions, and general guidance on dating November 12, 2020) for a listing HGB to serious, we set a deadline of making effective comments, please visit of EPA-issued CTGs and ACTs. August 3, 2021 for TCEQ to provide a https://www2.epa.gov/dockets/ On March 27, 2008, the EPA revised demonstration that RACT was in place commenting-epa-dockets. the primary and secondary Ozone (O3) as necessary to meet the serious area Docket: The index to the docket for standard to a level of 75 parts per billion requirements. this action is available electronically at (ppb). On October 26, 2015, (80 FR On May 13, 2020 Texas submitted its www.regulations.gov. While all 65292) EPA adopted another revision to SIP demonstration that serious level

documents in the docket are listed in the Ozone standard, but the 2008 RACT for sources of VOC and NOX the index, some information may not be standard remains in place. This notice emissions in the HGB area is met for the concerns the VOC RACT requirements 2008 NAAQS. Texas, in its SIP publicly available due to docket file size 5 restrictions or content (e.g., CBI). under the 2008 standard. analyses to identify major stationary Promulgation of a NAAQS triggers a sources of NOX and VOC reviewed the FOR FURTHER INFORMATION CONTACT: requirement for the EPA to designate TCEQ 2017 point source emissions Robert M. Todd, 214–665–2156, areas as nonattainment, attainment, or inventory, New Source Review and [email protected]. Out of an unclassifiable, and to classify the NAs at Clean Air Act Title V databases to locate abundance of caution for members of the time of designation. On May 21, potential sources. All sources in the the public and our staff, the EPA Region 2012, the EPA established initial area Title V database that were listed as a 6 office may be closed to the public to designations for most areas of the major source for NOX or VOC emissions reduce the risk of transmitting COVID– country with respect to the 2008 are included in the RACT analysis. 19. We encourage the public to submit primary and secondary eight-hour O TCEQ noted that they reviewed sources comments via https:// 3 NAAQS. The EPA published two rules that reported actual emissions as low as www.regulations.gov, as there may be a addressing final implementation 1 and 25 tpy of NOX or VOC to account for the delay in processing mail and courier or air quality designations.2 The difference between actual and potential hand deliveries may not be accepted. implementation rule established emissions. TCEQ also noted that sites Please call or email the contact listed classifications, associated attainment above if you need alternative access to deadlines, and revoked the 1997 O 3 The air quality design value for the 8-hour material indexed but not provided in 3 standards for transportation conformity ozone NAAQS is the three-year average of the the docket. annual fourth highest daily maximum 8-hour purposes. The designation rule finalized SUPPLEMENTARY INFORMATION: average ozone concentration. See 40 CFR part 50, appendix I. Throughout this document wherever 1 See 77 FR 30160 ‘‘Implementation of the 2008 4 Subsequently the attainment deadlines were ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean National Ambient Air Quality Standards for Ozone: revised under the marginal classification. 80 FR the EPA. Nonattainment Area Classifications Approach, 12264, March 6, 2015; 81 FR 26697, May 4, 2016). Attainment Deadlines and Revocation of the 1997 5 See Appendix F, Reasonably Available control I. Background Ozone Standards for Transportation Conformity Technology Analysis, of the state’s SIP submittal, Purposes.’’ available at https://www.tceq.texas.gov/assets/ VOC and NOX help produce ground- 2 See 77 FR 30088, ‘‘Air Quality Designations for public/implementation/air/sip/hgb/hgb_serious_ level ozone, or smog, which harms the 2008 Ozone National Ambient Air Quality AD_2019/HGB_AD_SIP_19077SIP_AppendixF_ human health and the environment. Standards.’’ adoption.pdf. Last accessed November 16, 2020.

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from the emissions inventory database We are proposing to find that the VOC RACT Analysis for Additional with emissions equal to or greater than rules we approved as meeting RACT for Controls or Newly Identified Sources a threshold of 25 tpy or more of NOX or the 1-hour and 1997 8-hour ozone The vast majority of major sources of VOC definition that were not identified NAAQS also meet RACT for the 2008 8- VOC are in categories covered by CTGs in the Title V database and could not be hour ozone NAAQS. We have but as explained previously, states must verified as minor sources by other determined this is appropriate because ensure that all major sources have means are also included in the RACT the fundamental control techniques implemented RACT even those not analysis. described in the CTG and ACT covered by CTG’s. During the last RACT II. Evaluation documents and implemented in the review for the 2008 ozone NAAQS Texas Rules are still applicable. This is conducted in response to the area’s Reliance on Prior RACT Determination supported by the implementing rule for moderate area classification and based for HGB Area the 2008 ozone NAAQS.7 The Chapter on the moderate area 100 tpy major In TCEQ’s May 13, 2020 submittal, 115 rules provide appropriate VOC source threshold, the TCEQ identified a Table F–1 titled ‘‘State Rules emissions reductions that are equivalent Vegetable Oil Manufacturing Operations Addressing VOC RACT Requirements in to control options cited in the CTG and source emitting VOCs in a quantity CTG Reference Documents’’ lists VOC ACT documents and any non-CTG greater than the major source definition CTG source categories, their reference major sources are appropriately and not covered by CTG category or documents, and corresponding state controlled. previously approved RACT rule. TCEQ’s rules addressing VOC RACT analysis showed that the source met a The state did not include any requirements. Table F–2 titled ‘‘State level of control consistent with RACT, revisions to implement the new CTG for Rules Addressing VOC RACT i.e., the lowest achievable emission rate Requirements in ACT Reference the Oil and Natural Gas Industry (EPA– considering technical and economic Documents,’’ in TCEQ’s May 13, 2020 453/B–16–001, October 2016) in the feasibility. TCEQ did not identify any 8 SIP, lists state rules addressing VOC HGB area. As explained in EPA’s other major sources of VOC not covered 9 RACT for ACT source categories. The implementing memo for this CTG, by a rule previously approved as implementation rule of March 6, 2015 Texas was required to adopt and submit implementing RACT or achieving a (80 FR 12264), explains that States revisions to the SIP by no later than two level of control consistent with RACT should refer to existing CTG and ACT years after the availability of the said considering technical and economic documents as well as all relevant CTG. In this case, the date of the notice feasibility. Please see the Technical technical information including recent of availability was October 27, 2016 (See Support Document (TSD) prepared in technical information received during 81 FR 74798). EPA issued a notice of conjunction with this action for the public comment period to determine failure to submit on November 16, 2020 additional information. 10 if RACT is being applied. States may (85 FR 72963) establishing a 24- VOC RACT Negative Declarations conclude, in some cases, that sources month deadline for EPA to either already addressed by RACT approve SIPs or finalize Federal States are not required to adopt RACT determinations to meet the 1-hour and/ Implementation Plans (FIPs) that limits for CTG source categories for or the 1997 8-hour ozone NAAQS do address the Oil and Natural Gas which no sources exist in a nonattainment area and can submit a not need to implement additional Industry CTG in the HGB area. See negative declaration to that effect. The controls to meet the 2008 ozone NAAQS section 110(c) of the Act. The EPA is RACT requirement (80 FR 12279, March negative declaration would need to committed to working with Texas to assert that there are no CTG sources in 6, 2015). The EPA has approved the 30 expedite the development and TAC Chapter 115 VOC rules as RACT the area, and the accompanying analysis submission of the required SIP revisions would need to support that conclusion. for the HGB area under the 1-hour and addressing the Oil and Natural Gas 1997 8-hour ozone NAAQS (71 FR, Texas has reviewed its emission Industry CTG for the affected areas, and 52670, September 6, 2006; 78 FR 19599, inventory and determined that its to review and act on their submissions April 2, 2013; 79 FR 21144, April 15, previous negative declarations for in accordance with the requirements of 2014; 79 FR 45105, August 4, 2014; and fiberglass boat manufacturing materials, 80 FR 16291, March 27, 2015) and later the CAA. surface coating for flat wood paneling, the 2008 Moderate NAAQS area letterpress printing, automobile and designation (84 FR 18145, April 30, available through the Regulations.gov website at: light-duty truck assembly coating, and 2019). The EPA determined that VOC https://www.regulations.gov/. rubber tire manufacturing categories 7 See March 6, 2015 (80 FR 12279), final action submitted as part of its HGB Area VOC RACT is in place for all CTG and non- and rationale and 80 FR 12280, first column, CTG major sources in the HGB area for comments and responses. RACT SIP for the 1997 8-hour ozone the 1-hour, 1997 8-hour ozone NAAQS 8 At the time of the submittal to EPA Region 6, NAAQS are still applicable (79 FR and 2008 moderate area NAAQS (71 FR TCEQ noted the existence of the O&G CTG, stating 21144, April 15, 2014). We also are 52676, September 6, 2006; 79 FR 21144, EPA had proposed to withdraw it on March 9, 2018 unaware of any sources in these CTG April 15, 2014; and 84 FR 18145, April (83 FR 10478). source categories in the area and 9 30, 2019), respectively. Texas’s May 13, See ‘‘Implementing Reasonably Available therefore we propose to approve these Control Technology Requirements for Sources negative declarations. 2020 submittal relies on those EPA- Covered by the 2016 Control Techniques Guidelines approved Chapter 115 rules for the 1- for the Oil and Natural Gas Industry’’ Memorandum See Table F–2 titled ‘‘State Rules hour, 1997 8-hour and 2008 8-hour from Anna Marie Wood, October 20, 2016. https:// Addressing VOC RACT Requirements in www.epa.gov/sites/production/files/2016-10/ ACT Reference Documents’’ for a listing ozone NAAQS to fulfill RACT _ _ _ requirement for CTG and non-CTG VOC documents/implementing reasonably available of source types for which a VOC control_technology_requirements_for_sources_ Alternate Control Technology document major sources for the 2008 8-hour covered_by_the_2016_control_techniques_ serious ozone NAAQS.6 guidelines_for_the_oil_and_natural_gas_ has been issued, the state’s industry.pdf. determination of how the technologies 6 See EPA–R06–OAR–2005–TX–0018, EPA–R06– 10 See Docket ID No. EPA–HQ–OAR–2020–0485 in the ACT have been addressed and OAR–2012–0100 and EPA–R06–OAR–2017–0055, available at www.regulations.gov. whether or not such a source is

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currently located in the HGB NA area. NOX reduction regulations provide records demonstrate that Texas adopted We also are not aware of any major appropriate NOX emissions reductions an attainment demonstration plan that sources in the ACT source categories that meet RACT emission reduction includes this RACT analyses after which TCEQ indicates that no sources requirements and adequately reasonable notice, a public hearing, and are located in the HGB area. incorporate ACT document controls an opportunity for public comment. where appropriate. We are proposing to Thus, the CAA Section 110(l) HGB Area NOX RACT TCEQ Analysis find that the existing Chapter 117 rules requirements are met. We propose that Under CAA section 182(f) RACT is meet the RACT requirement in the HGB RACT is in place for affected sources of required for major sources of NOX. The area for the 2008 8-hour ozone NAAQS. NOX and VOC emissions and that the EPA has issued ACT documents 11 that As stated above, Texas noted their existing controls requirements continue describe available control technologies review of NOX sources in the HGB area to represent RACT for the HGB area for NOX emissions, but do not define identified only one major source that with the exception of those sources presumptive RACT levels. In TCEQ’s was not covered by a rule previously subject to the Oil and Gas CTG. May 13, 2020 submittal, Table F–3: approved as RACT which was a facility III. Proposed Action State Rules Addressing NOX RACT falling under the Glass Manufacturing Requirements in ACT Reference ACT category.12 The source has existing We are proposing to approve the May Documents provides the emission controls consistent with RACT. Texas 13, 2020 revisions to the Texas SIP source categories, the ACT reference did not locate any major sources subject concerning the HGB 2008 8-hour ozone documents, and the state Chapter 117 to the NOX Emission from Cement NAAQS nonattainment area as meeting rules addressing the RACT requirements Manufacturing ACT. For all the other the VOC and NOX RACT requirements for an area designated as serious with for sources in the NOX ACT documents. NOX ACT sources, the state has TCEQ also identified a glass established Chapter 117 regulations we the exception of the requirement to manufacturing furnace with major NOX have previously approved as RACT for implement RACT for sources covered by emissions for which the state has not the 1997 8-hour ozone NAAQS, the Oil and Gas CTG. The proposed written a Chapter 117 rule controlling reaffirmed as RACT in a review approval is, in part, based on previous NOX emissions. conducted for the 2008 ozone moderate VOC and NOX RACT determinations In 2013, EPA determined that NOX NA designation, and, as discussed made for this area under the 1-hour and control measures in 30 TAC Chapter 117 above, we are proposing to find them as the 1997 8-hour ozone NAAQS. We are met 1997 8-hour RACT requirements for meeting RACT for the 2008 ozone also proposing to approve negative major sources of NOX in the HGB area serious NA designation. declarations made for fiberglass boat under the 1-hour and 1997 8-hour ozone manufacturing materials, manufacturing NAAQS (78 FR 19599, April 2, 2013). CAA 110(l) Analysis of pneumatic rubber tires, flat wood Our approval, under these previous CAA section 110(l) requires that a SIP paneling coatings, letterpress printing; standards, found that RACT was being revision submitted to EPA be adopted and automobile and light-duty truck implemented at all major sources under after reasonable notice and public assembly coatings sectors in the HGB the severe area major source threshold hearing. Section 110(l) also requires that area under the 2008 8-hour ozone of 25 tpy of NOX. We reaffirmed that we not approve a SIP revision if the NAAQS designated as serious. determination at 84 FR 18145, April 30, revision would interfere with any IV. Statutory and Executive Order 2019 in response to the area’s moderate applicable requirement concerning Reviews classification under the 2008 standard. attainment and reasonable further Texas’s submittal relies on those EPA- progress, or any other applicable Under the CAA, the Administrator is approved Chapter 117 rules to fulfill requirement of the CAA. required to approve a SIP submission that complies with the provisions of the RACT requirements for all but one NOX As a part of its submittal the TCEQ source category that exist in the HGB provided copies of the Public Notice of Act and applicable Federal regulations. area. As noted, there was a major source proposed serious attainment 42 U.S.C. 7410(k); 40 CFR 52.02(a). glass manufacturer identified as part of demonstration plans in the Texas Thus, in reviewing SIP submissions, the the analysis approved in April 2019. At Register and local newspapers. The EPA’s role is to approve state choices, that time, we approved the controls in TCEQ also held a public hearing on the provided that they meet the criteria of place at the facility as RACT with revisions to the SIP on October 14, 2019 the CAA. Accordingly, this action controls consistent with the ACT for in Houston, Texas. merely proposes to approve state law as this source type. (See section 3.2.2 of There are no rule changes in control meeting Federal requirements and does Appendix F of the TCEQ May 13, 2020 requirements in this RACT submittal. not impose additional requirements submittal for details.) The evaluation of the submittal reveals beyond those imposed by state law. For In our implementation rule for the that previously EPA-approved RACT that reason, this action: • 2008 ozone NAAQS, we made clear we levels of control for the HGB area Is not a ‘‘significant regulatory believed that, in some cases, new RACT continue to be in effect, and there is no action’’ subject to review by the Office determinations would ‘‘result in the relaxation of those control measures for of Management and Budget under same or similar control technology as the affected sources in the proposed Executive Orders 12866 (58 FR 51735, the RACT determinations made for the RACT in the HGB area. Therefore, we do October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 1-hour or 1997 standards.’’ This is not expect the existing NOX and VOC • because the fundamental control RACT controls measures to interfere Does not impose an information techniques, as described in the CTG and with attainment and reasonable further collection burden under the provisions ACT documents, are still applicable. progress of ozone pollution control of the Paperwork Reduction Act (44 Following this line of reasoning, Texas requirements, or any other applicable U.S.C. 3501 et seq.); • Is certified as not having a determined the existing Chapter 117 requirement of the Act. Furthermore, significant economic impact on a 11 See https://www.epa.gov/ground-level-ozone- 12 See EPA Docket ID NOs EPA–R06–OAR–2012– substantial number of small entities pollution/control-techniques-guidelines-and- 0100 and EPA–R06–OAR–2017–0055, available at: under the Regulatory Flexibility Act (5 alternative-control-techniques. https://www.regulations.gov/. U.S.C. 601 et seq.);

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• Does not contain any unfunded DEPARTMENT OF HEALTH AND will be posted without change to mandate or significantly or uniquely HUMAN SERVICES content to http://www.regulations.gov, affect small governments, as described including any personal information in the Unfunded Mandates Reform Act Office of the Secretary provided about the commenter, and of 1995 (Pub. L. 104–4); such posting may occur before or after 45 CFR Parts 160 and 164 the closing of the comment period. • Does not have Federalism RIN 0945–AA00 The Department will consider all implications as specified in Executive comments received by the date and time Order 13132 (64 FR 43255, August 10, Modifications to the HIPAA Privacy specified in the DATES section above, 1999); Rule to Support, and Remove Barriers but, because of the large number of • Is not an economically significant to, Coordinated Care and Individual public comments normally received on regulatory action based on health or Engagement Federal Register documents, the safety risks subject to Executive Order Department is not able to provide AGENCY: Office for Civil Rights (OCR), 13045 (62 FR 19885, April 23, 1997); individual acknowledgments of receipt. Office of the Secretary, HHS. Please allow sufficient time for mailed • Is not a significant regulatory action ACTION: Proposed rule; extension of comments to be timely received in the subject to Executive Order 13211 (66 FR comment period. event of delivery or security delays. 28355, May 22, 2001); Electronic comments with attachments SUMMARY: The Department of Health and • Is not subject to requirements of Human Services (the Department) is should be in Microsoft Word or Portable section 12(d) of the National extending the comment period for the Document Format (PDF). Please note that comments submitted Technology Transfer and Advancement proposed rule entitled ‘‘Proposed by fax or email and those submitted Act of 1995 (15 U.S.C. 272 note) because Rulemaking (NPRM) to modify the after the comment period will not be application of those requirements would Standards for the Privacy of accepted. be inconsistent with the CAA; and Individually Identifiable Health Docket: For complete access to • Does not provide EPA with the Information (Privacy Rule) under the background documents or posted Health Insurance Portability and discretionary authority to address, as comments, go to http:// Accountability Act of 1996 (HIPAA) and appropriate, disproportionate human www.regulations.gov and search for the Health Information Technology for health or environmental effects, using Docket ID number HHS–OCR–0945– Economic and Clinical Health Act of practicable and legally permissible AA00. methods, under Executive Order 12898 2009 (HITECH Act),’’ published in the FOR FURTHER INFORMATION CONTACT: (59 FR 7629, February 16, 1994). Federal Register on January 21, 2021. The comment period for the proposed Marissa Gordon-Nguyen at (800) 368– In addition, the SIP is not approved rule, which would end March 22, 2021, 1019 or (800) 537–7697 (TDD). to apply on any Indian reservation land is extended to May 6, 2021. SUPPLEMENTARY INFORMATION: The or in any other area where EPA or an DATES: The comment period for this Department proposed a ‘‘Rulemaking Indian tribe has demonstrated that a proposed rule published January 21, (NPRM) to modify the Standards for the tribe has jurisdiction. In those areas of 2021, at 86 FR 6446, is extended to 5 Privacy of Individually Identifiable Indian country, the proposed rule does p.m., eastern daylight time, on May 6, Health Information (Privacy Rule) under not have tribal implications and will not 2021. the Health Insurance Portability and impose substantial direct costs on tribal ADDRESSES: You may submit comments Accountability Act of 1996 (HIPAA) and governments or preempt tribal law as as outlined in the proposed rule at 86 the Health Information Technology for specified by Executive Order 13175 (65 FR 6446 and repeated below. Please Economic and Clinical Health Act of FR 67249, November 9, 2000). choose only one method listed. 2009 (HITECH Act),’’ to solicit public comments on proposed modifications to List of Subjects in 40 CFR Part 52 You may submit comments to this proposed rule, identified by RIN 0945– the HIPAA Privacy Rule to support Environmental protection, Air AA00 by any of the following methods: individuals’ engagement in their health • pollution control, Incorporation by Federal eRulemaking Portal. You care, remove barriers to coordinated reference, Nitrogen dioxide, Ozone, may submit electronic comments at care, and decrease regulatory burdens Reporting and recordkeeping http://www.regulations.gov by searching on the health care industry while continuing to protect individuals’ health requirements, Volatile organic for the Docket ID number HHS–OCR– information privacy interests. The compounds. 0945–AA00. Follow the instructions http://www.regulations.gov online for Office of the Federal Register (OFR) Authority: 42 U.S.C. 7401 et seq. submitting comments through this posted the HIPAA NPRM on the Federal Dated: February 5, 2021. method. Register website for public inspection • on January 19, 2021. OFR published the David Gray, Regular, Express, or Overnight Mail: You may mail comments to U.S. HIPAA NPRM in the Federal Register Acting Regional Administrator, Region 6. Department of Health and Human for public comment on January 21, [FR Doc. 2021–02762 Filed 3–9–21; 8:45 am] Services, Office for Civil Rights, 2021. BILLING CODE 6560–50–P Attention: Proposed Modifications to On January 20, 2021, the White House the HIPAA Privacy Rule to Support, and published a memorandum ‘‘Regulatory Remove Barriers to, Coordinated Care Freeze Pending Review’’ at https:// and Individual Engagement NPRM, RIN www.whitehouse.gov/briefing-room/ 0945–AA00, Hubert H. Humphrey presidential-actions/2021/01/20/ Building, Room 509F, 200 regulatory-freeze-pending-review/ (the Independence Avenue SW, Washington, Regulatory Freeze Memorandum). The DC 20201. Regulatory Freeze Memorandum directs All comments received by the the heads of Executive Departments and methods and due date specified above Agencies to refrain from issuing new

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proposed or final rules, to withdraw applications expected under flexible however, exceptions to this prohibition, rules pending publication with OFR, use, relative to UHF channels. KTUL which can be found in Section 1.1204(a) and to consider postponing for 60 days has received numerous complaints from of the Commission’s rules, 47 CFR from the date of the memorandum, the viewers unable to receive the Station’s 1.1204(a). effective date of rules already published over-the-air signal, despite being able to See Sections 1.415 and 1.420 of the in the Federal Register. The purpose of receive signals from other stations. Commission’s rules for information the memorandum is to implement the Licensee further states that with respect regarding the proper filing procedures President’s plan to manage the Federal to operations on channel 14 and nearby for comments, 47 CFR 1.415 and 1.420. regulatory process at the outset of the land mobile services, it has determined List of Subjects in 47 CFR Part 73 Administration by providing the that it can install the appropriate mask opportunity for the President’s new filter and antenna needed to avoid Television. designees or appointees to review all interference to land mobile operations. Federal Communications Commission. new and pending rules. In addition, operation on channel 14 Thomas Horan, Because OFR published the HIPAA will not result in any predicted loss of Chief of Staff, Media Bureau. NPRM prior to the effective withdrawal service and would result in a substantial of rules provided for in the increase in signal receivability for KTUL Proposed Rule memorandum, the HIPAA NPRM viewers. For the reasons discussed in the remains publicly available in the DATES: Comments must be filed on or preamble, the Federal Communications Federal Register and open for public before April 9, 2021 and reply Commission proposes to amend 47 CFR comment. However, due to the comments on or before April 26, 2021. part 73 as follows: proximity in time between the ADDRESSES: Federal Communications publication of the HIPAA NPRM and Commission, Office of the Secretary, 45 PART 73—Radio Broadcast Service the Regulatory Freeze Memorandum, L Street NE, Washington, DC 20554. In the public may need clarification that addition to filing comments with the ■ 1. The authority citation for part 73 the HIPAA NPRM is available for public FCC, interested parties should serve continues to read as follows: comment and additional time to review counsel for petitioner as follows: Paul Authority: 47 U.S.C. 154, 303, 334, 336, the proposals and submit comments. A. Cicelski, Esq., Lerman Senter PLLC, and 339. Therefore, to maximize the 2001 L Street NW, Suite 400, opportunity for the public to provide Washington, DC 20036. § 73.622 [Amended] ■ meaningful input to inform policy FOR FURTHER INFORMATION CONTACT: 2. Amend § 73.622(i), the Post- development, the Department is Joyce Bernstein, Media Bureau, at (202) Transition Table of DTV Allotments extending the comment period to May 6, 418–1647; or Joyce Bernstein, Media under Oklahoma, by removing channel 2021. Bureau, at [email protected]. 10 and adding channel 14 at Tulsa. [FR Doc. 2021–01491 Filed 3–9–21; 8:45 am] Norris Cochran, SUPPLEMENTARY INFORMATION: This is a BILLING CODE 6712–01–P Acting Secretary, Department of Health and synopsis of the Commission’s Notice of Human Services. Proposed Rulemaking, MB Docket No. [FR Doc. 2021–05021 Filed 3–9–21; 8:45 am] 21–9; RM–11872; DA 21–40, adopted January 12, 2021, and released January DEPARTMENT OF TRANSPORTATION BILLING CODE 4153–01–P 12, 2021. The full text of this document National Highway Traffic Safety is available for download at https:// Administration www.fcc.gov/edocs. To request materials FEDERAL COMMUNICATIONS in accessible formats (Braille, large COMMISSION 49 CFR Part 571 print, computer diskettes, or audio 47 CFR Part 73 recordings), please send an email to [Docket No. NHTSA–2020–0109] [email protected] or call the Consumer & RIN 2127–AM04 [MB Docket No. 21–9; RM–11872; DA 21– Government Affairs Bureau at (202) 40; FRS 17397] 418–0530 (VOICE), (202) 418–0432 Federal Motor Vehicle Safety (TTY). Television Broadcasting Services Standards; Test Procedures; This document does not contain Reopening of Comment Period Tulsa, Oklahoma information collection requirements AGENCY: Federal Communications subject to the Paperwork Reduction Act AGENCY: National Highway Traffic Commission. of 1995, Public Law 104–13. In addition, Safety Administration (NHTSA), ACTION: Proposed rule. therefore, it does not contain any Department of Transportation (DOT). proposed information collection burden ACTION: Reopening of comment period. SUMMARY: The Commission has before it ‘‘for small business concerns with fewer a petition for rulemaking filed by KTUL than 25 employees,’’ pursuant to the SUMMARY: In response to a request from Licensee, LLC, (Licensee), licensee of Small Business Paperwork Relief Act of the Alliance for Automotive Innovation KTUL, channel 10, Tulsa, Oklahoma, 2002, Public Law 107–198, see 44 U.S.C. (Auto Innovators), NHTSA is requesting the substitution of channel 3506(c)(4). Provisions of the Regulatory announcing a reopening of the comment 14 for channel 10 at Tulsa in the DTV Flexibility Act of 1980, 5 U.S.C. 601– period on an advance notice of Table of Allotments. The Licensee states 612, do not apply to this proceeding. proposed rulemaking (ANPRM) that the Commission has recognized that Members of the public should note published December 10, 2020. The VHF channels have certain propagation that all ex parte contacts are prohibited ANPRM requests public comment on characteristics which may cause from the time a Notice of Proposed whether any test procedure for any reception issues for some viewers, and Rulemaking is issued to the time the Federal Motor Vehicle Safety Standard also that reception of VHF signals matter is no longer subject to (FMVSS) may be a candidate for require larger antennas that are Commission consideration or court replacement, repeal, or modification, for generally not well suited to the mobile review, see 47 CFR 1.1208. There are, reasons other than for considerations

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relevant only to automated driving continue to file relevant information in make changes to these test procedures systems (ADS). The comment period for the Docket as it becomes available. or to any other test procedure. The the ANPRM was originally scheduled to Privacy Act: In accordance with 5 ANPRM also asked commenters to end on February 8, 2021. It will now be U.S.C. 553(c), DOT solicits comments provide research, evidence, and data to reopened and will end on April 9, 2021. from the public to inform its decision- support why such change may be DATES: The comment period for the making process. DOT posts these necessary. The ANPRM stated that the ANPRM published on December 10, comments, without edit, including any closing date for comments was February 2020 at 85 FR 79456 is reopened and personal information the commenter 8, 2021. extended to April 9, 2021. provides, to http://www.regulations.gov, NHTSA received on January 14, 2021 a petition from Auto Innovators for a 30- ADDRESSES: Comments must be as described in the system of records submitted by one of the following notice (DOT/ALL–14 FDMS), which can day extension of the comment period. methods: be reviewed at https:// The request states that additional time is necessary to permit Auto Innovators • Federal eRulemaking Portal: go to www.transportation.gov/privacy. to conduct a comprehensive review of http://www.regulations.gov. Follow the Anyone is able to search the electronic the extensive number of regulations and online instructions for submitting form of all comments received into any FMVSS that contain detailed test comments. of our dockets by the name of the procedures, including standards that • Mail: Docket Management Facility, individual submitting the comment (or reference industry standards. Auto M–30, U.S. Department of signing the comment, if submitted on Innovators also notes that its efforts to Transportation, West Building, Ground behalf of an association, business, labor organize group meeting have been Floor, Rm. W12–140, 1200 New Jersey union, etc.). You may review DOT’s hampered by working inefficiencies Avenue SE, Washington, DC 20590. complete Privacy Act Statement in the Federal Register published on April 11, induced by COVID meeting restrictions. • Hand Delivery or Courier: West 2000 (65 FR 19477–78). The request can be found in the docket Building Ground Floor, Room W12–140, for the ANPRM identified in the 1200 New Jersey Avenue SE, between 9 FOR FURTHER INFORMATION CONTACT: For heading of this document. a.m. and 5 p.m. Eastern Time, Monday technical issues, you may contact Ms. In accordance with NHTSA’s through Friday, except Federal holidays. Mary Versailles, Office of Rulemaking, rulemaking procedures in 49 CFR part To be sure someone is there to help you, 1200 New Jersey Avenue SE, 553, subpart B, the agency is granting please call (202) 366–9322 before Washington, DC 20590; this request to reopen and extend the coming. [email protected]. For legal comment period. We have determined • Fax: (202) 493–2251. issues, you may contact Ms. Callie Roach, Attorney-Advisor, Vehicle that the requestors have shown good Regardless of how you submit your cause for an extension, and that the comments, you must include the docket Rulemaking and Harmonization, Office of Chief Counsel, (202) 597–1312, 1200 extension is consistent with the public number identified in the heading of this interest (49 CFR 553.19). A 30-day document. New Jersey Avenue SE, Washington, DC 20590; [email protected]. reopening and extension appropriately Note that all comments received, balances NHTSA’s interest in providing including any personal information SUPPLEMENTARY INFORMATION: On the public with sufficient time to provided, will be posted without change December 10, 2020, NHTSA published comment on the notice with its interest to http://www.regulations.gov. Please an ANPRM to obtain public comments in proceeding with this rulemaking in a see the ‘‘Privacy Act’’ heading below. on whether any test procedure for any timely manner. Accordingly, NHTSA is You may call the Docket Management FMVSS may be a candidate for reopening and extending the comment Facility at (202) 366–9322. For access to replacement, repeal, or modification, for period to the date shown in the DATES the docket to read background reasons other than for considerations section of this document. documents or comments received, go to relevant only to automated driving http://www.regulations.gov or the street systems (ADS) (85 FR 79456). The Issued in Washington, DC pursuant to address listed above. We will continue ANPRM provided examples of test authority delegated in 49 CFR 1.95 and 501.8. to file relevant information in the docket procedures found in FMVSS Nos. 103, Raymond R. Posten, as it becomes available. To be sure 104, 105/135, 121, and 126 to facilitate Associate Administrator for Rulemaking. someone is there to help you, please call responses and asked commenters to [FR Doc. 2021–04933 Filed 3–9–21; 8:45 am] (202) 366–9322 before coming. We will consider whether the agency should BILLING CODE 4910–59–P

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Notices Federal Register Vol. 86, No. 45

Wednesday, March 10, 2021

This section of the FEDERAL REGISTER and stakeholder feedback in an efficient, The Food Safety and Inspection contains documents other than rules or timely manner, in accordance with the Service—0583–0151 proposed rules that are applicable to the Administration’s commitment to Current Actions: Revision and public. Notices of hearings and investigations, improving service delivery. By committee meetings, agency decisions and Extension of Currently Approved rulings, delegations of authority, filing of qualitative feedback we mean Collection. petitions and applications and agency information that provides useful Type of Review: Revision and statements of organization and functions are insights on perceptions and opinions, Extension. examples of documents appearing in this but are not statistical surveys that yield Affected Public: Not-for-profit section. quantitative results that can be institutions. generalized to the population of study. Average Expected Annual Number of This feedback will provide insights into Activities: 5. DEPARTMENT OF AGRICULTURE customer or stakeholder perceptions, Respondents: 4,000. Annual Responses: 4,000. Agency Information Collection experiences and expectations, provide Frequency of Response: Once per Activities: Revision and Extension of an early warning of issues with service, request. Approved Collection; Comment or focus attention on areas where Average Minutes per Response: 30. Request; Generic Clearance for the communication, training or changes in operations might improve delivery of Burden Hours: 2,000. Collection of Qualitative Feedback on An agency may not conduct or products or services. These collections Agency Service Delivery sponsor, and a person is not required to will allow for ongoing, collaborative and respond to, a collection of information AGENCY: Food Safety and Inspection actionable communications between the unless it displays a currently valid Service, Department of Agriculture. Agency and its customers and ACTION: 30-Day notice of submission of Office of Management and Budget stakeholders. It will also allow feedback control number. information collection approval from to contribute directly to the the Office of Management and Budget improvement of program management. Ruth Brown, and request for comments. Feedback collected under this generic Departmental Information Collection Clearance Officer. SUMMARY: As part of a Federal clearance will provide useful [FR Doc. 2021–04954 Filed 3–9–21; 8:45 am] Government-wide effort to streamline information, but it will not yield data the process to seek feedback from the that can be generalized to the overall BILLING CODE 3410–DM–P public on service delivery, the population. This type of generic Department of Agriculture (USDA), the clearance for qualitative information COMMISSION ON CIVIL RIGHTS Food Safety and Inspection Service will not be used for quantitative (FSIS) has submitted a Generic information collections that are Notice of Public Meeting of the South Information Collection Request (Generic designed to yield reliably actionable Carolina Advisory Committee ICR): ‘‘Generic Clearance for the results, such as monitoring trends over Collection of Qualitative Feedback on time or documenting program AGENCY: U.S. Commission on Civil Agency Service Delivery’’ to OMB for performance. Such data uses require Rights. approval under the Paperwork more rigorous designs that address: The ACTION: Notice of meeting. Reduction Act (PRA). target population to which SUMMARY: Notice is hereby given, DATES: Comments must be submitted by generalizations will be made, the pursuant to the provisions of the rules April 9, 2021. sampling frame, the sample design ADDRESSES: Written comments and and regulations of the U.S. Commission (including stratification and clustering), on Civil Rights (Commission) and the recommendations for the proposed the precision requirements or power information collection should be Federal Advisory Committee Act that calculations that justify the proposed the South Carolina Advisory Committee submitted within 30 days of the sample size, the expected response rate, publication of this notice on the (Committee) will hold a meeting via- methods for assessing potential non- teleconference on Thursday, April 1, following website www.reginfo.gov/ response bias, the protocols for data public/do/PRAMain. Find this 2021, at 12:00 p.m. (EST) the purpose of collection, and any testing procedures particular information collection by the meeting is to review the SAC’s that were or will be undertaken prior selecting ‘‘Currently under 30-day Findings and Recommendations on Review—Open for Public Comments’’ or fielding the study. Depending on the subminimum wages for people with by using the search function. degree of influence the results are likely disabilities. to have, such collections may still be FOR FURTHER INFORMATION CONTACT: To DATES: The meetings will be held on: eligible for submission for other generic request additional information, please • Thursday, April 1, at 12:00 p.m. mechanisms that are designed to yield contact Ruth Brown (202) 720–8958. Eastern Time, https://tinyurl.com/ quantitative results. SUPPLEMENTARY INFORMATION: u26jj3ea Title: Generic Clearance for the The Agency received no comments in or Join by phone: 800–360–9505 USA Collection of Qualitative Feedback on response to the 60-day notice published Toll Free, 199 631 2231 Agency Service Delivery. in the Federal Register on December 21, FOR FURTHER INFORMATION CONTACT: Abstract: The information collection 2020 (85 FR 83035). Barbara Delaviez at [email protected] activity will garner qualitative customer or (202) 539–8246.

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SUPPLEMENTARY INFORMATION: Members DEPARTMENT OF COMMERCE Reporting of the public can listen to the Notice of specific reporting Bureau of Economic Analysis discussion. This meeting is available to requirements, including who is to the public through the following toll- report, the information to be reported, free call-in number. An open comment [Docket No. 210304–0040] the manner of reporting, and the time period will be provided to allow and place of filing reports, will be members of the public to make a RIN 0691–XC116 mailed to those required to complete statement as time allows. The this survey. conference operator will ask callers to BE–45: Quarterly Survey of Insurance Who Must Report: (a) Reports are identify themselves, the organizations Transactions by U.S. Insurance required from U.S. persons whose they are affiliated with (if any), and an Companies With Foreign Persons reportable transactions exceeded $8 email address prior to placing callers million (positive or negative) during the into the conference call. Callers can AGENCY: Bureau of Economic Analysis, Commerce. prior calendar year, or are expected to expect to incur charges for calls they exceed that amount during the current initiate over wireless lines, and the ACTION: Notice of reporting calendar year. See BE–45 survey form Commission will not refund any requirements. for more details. incurred charges. Callers will incur no (b) Entities required to report will be charge for calls they initiate over land- SUMMARY: By this Notice, the Bureau of Economic Analysis (BEA), Department contacted individually by BEA. Entities line connections to the toll-free not contacted by BEA have no reporting telephone number. Persons with hearing of Commerce, is informing the public that it is conducting the mandatory responsibilities. impairments may also follow the What To Report: The survey collects proceedings by first calling the Federal survey titled Quarterly Survey of Insurance Transactions by U.S. information on cross-border insurance Relay Service at 1–800–977–8339 and transactions between U.S. insurance providing the Service with the Insurance Companies with Foreign Persons (BE–45). The data collected on companies and foreign persons. conference call number and conference How To Report: Reports can be filed the BE–45 survey are needed to measure ID number. using BEA’s electronic reporting system U.S. trade in insurance services and to Members of the public are also at www.bea.gov/efile. Copies of the analyze the impact of U.S. trade on the entitled to submit written comments; survey forms and instructions, which U.S. and foreign economies. This survey the comments must be received in the contain complete information on is authorized by the International regional office within 30 days following reporting procedures and definitions, Investment and Trade in Services the meeting. Written comments may be can be downloaded from www.bea.gov/ Survey Act. emailed to Carolyn Allen at callen@ ssb and submitted through mail or fax. usccr.gov in the Regional Program Unit FOR FURTHER INFORMATION CONTACT: Form BE–45 inquiries can be made by Office/Advisory Committee Christopher Stein, Chief, Services phone to BEA at (301) 278–9303 or by Management Unit. Persons who desire Surveys Branch, Balance of Payments sending an email to [email protected]. additional information may contact the Division, via phone at (301) 278–9189 or When To Report: Reports are due to Regional Program Unit Office at (202) via email at [email protected]. BEA 60 days after the end of each 539–8246. SUPPLEMENTARY INFORMATION: Through calendar quarter, except for the final Records generated from this meeting this Notice, BEA publishes the reporting quarter of the calendar year when may be inspected and reproduced at the requirements for the BE–45 survey form. reports must be filed within 90 days. Regional Program Unit, as they become As noted below, all entities required to available, both before and after the respond to this mandatory survey will Paperwork Reduction Act Notice meeting. Records of the meeting will be be contacted by BEA. Entities must This data collection has been available via https:// submit the completed survey forms approved by the Office of Management www.facadatabase.gov/FACA/FACA within 60 days after the end of each and Budget (OMB) in accordance with PublicViewCommitteeDetails?id= calendar quarter, except for the final the Paperwork Reduction Act and a10t0000001gzmPAAQ under the quarter of the calendar year when assigned control number 0608–0066. An Commission on Civil Rights, South reports must be filed within 90 days. agency may not conduct or sponsor, and Carolina Advisory Committee link. This Notice is being issued in a person is not required to respond to, Persons interested in the work of this conformance with the rule BEA issued a collection of information unless it Committee are directed to the on April 24, 2012 (77 FR 24373), displays a valid control number Commission’s website, http:// establishing guidelines for collecting assigned by OMB. Public reporting www.usccr.gov, or may contact the data on international trade in services burden for this collection of information Regional Program Unit at the above and direct investment through notices, is estimated to average 9 hours per email or phone number. rather than through rulemaking. response. Additional information Agenda Additional information about BEA’s regarding this burden estimate may be collection of data on international trade viewed at www.reginfo.gov; under the 1. Roll Call 2. Revision of Findings and in services and direct investment can be Information Collection Review tab, click Recommendations of Subminimum found in the 2012 rule, the International on ‘‘Search’’ and use the above OMB Wages report Investment and Trade in Services control number to search for the current 3. Open Session Survey Act (22 U.S.C. 3101 et seq.), and survey instrument. Send comments 4. Adjourn 15 CFR part 801. Survey data on regarding this burden estimate to international trade in services and direct Christopher Stein, Chief, Services Dated: March 5, 2021. investment that are not collected Surveys Branch, Balance of Payments David Mussatt, pursuant to the 2012 rule are described Division, via email at Supervisory Chief, Regional Programs Unit. separately in 15 CFR part 801. The BE– [email protected]; and to the [FR Doc. 2021–05006 Filed 3–9–21; 8:45 am] 45 survey form and instructions are Office of Management and Budget, BILLING CODE P available at www.bea.gov/ssb. Paperwork Reduction Project 0608–

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0066, via email at OIRA_Submission@ international trade in services and direct Office of Management and Budget, omb.eop.gov. investment that are not collected Paperwork Reduction Project 0608– _ Authority: 22 U.S.C. 3101–3108. pursuant to the 2012 rule are described 0011, via email at OIRA Submission@ separately in 15 CFR part 801. The BE– omb.eop.gov Paul W. Farello, 30 survey form and instructions are Authority: 22 U.S.C. 3101–3108. Associate Director for International available at www.bea.gov/ssb. Economics, Bureau of Economic Analysis. Paul W. Farello, Reporting [FR Doc. 2021–04929 Filed 3–9–21; 8:45 am] Associate Director for International BILLING CODE 3510–06–P Notice of specific reporting Economics, Bureau of Economic Analysis. requirements, including who is to [FR Doc. 2021–04927 Filed 3–9–21; 8:45 am] report, the information to be reported, BILLING CODE 3510–06–P DEPARTMENT OF COMMERCE the manner of reporting, and the time and place of filing reports, will be Bureau of Economic Analysis mailed to those required to complete DEPARTMENT OF COMMERCE [Docket No. 210304–0047] this survey. Who Must Report: (a) Reports are Bureau of Economic Analysis RIN 0691–XC114 required from U.S. ocean carriers that [Docket No. 210304–0038] had total reportable revenues or total BE–30: Quarterly Survey of Ocean reportable expenses that were $500,000 RIN 0691–XC110 Freight Revenues and Foreign or more during the prior year, or are Expenses of U.S. Carriers expected to be $500,000 or more during BE–9: Quarterly Survey of Foreign the current year. Airline Operators’ Revenues and AGENCY: Bureau of Economic Analysis, Expenses in the United States Commerce. (b) Entities required to report will be contacted individually by BEA. Entities ACTION: Notice of reporting AGENCY: Bureau of Economic Analysis, not contacted by BEA have no reporting requirements. Commerce. responsibilities. ACTION: Notice of reporting What To Report: The survey collects SUMMARY: By this Notice, the Bureau of requirements. Economic Analysis (BEA), Department information on U.S. ocean freight of Commerce, is informing the public carriers’ foreign revenues and expenses. SUMMARY: By this Notice, the Bureau of that it is conducting the mandatory How To Report: Reports can be filed Economic Analysis (BEA), Department survey titled Quarterly Survey of Ocean using BEA’s electronic reporting system of Commerce, is informing the public Freight Revenues and Foreign Expenses at www.bea.gov/efile. Copies of the that it is conducting the mandatory of U.S. Carriers (BE–30). The data survey forms and instructions, which survey titled Quarterly Survey of collected on the BE–30 survey are contain complete information on Foreign Airline Operators’ Revenues needed to measure U.S. trade in reporting procedures and definitions, and Expenses in the United States (BE– transport services and to analyze the can be downloaded from www.bea.gov/ 9). The data collected on the BE–9 impact of U.S. trade on the U.S. and ssb and submitted through mail or fax. survey are needed to measure U.S. trade foreign economies. This survey is Form BE–30 inquiries can be made by in transport services and to analyze the authorized by the International phone to BEA at (301) 278–9303 or by impact of U.S. trade on the U.S. and Investment and Trade in Services sending an email to [email protected]. foreign economies. This survey is Survey Act. When To Report: Reports are due to authorized by the International BEA 45 days after the end of each Investment and Trade in Services FOR FURTHER INFORMATION CONTACT: calendar quarter. Christopher Stein, Chief, Services Survey Act. Surveys Branch, Balance of Payments Paperwork Reduction Act Notice FOR FURTHER INFORMATION CONTACT: Division, via phone at (301) 278–9189 or This data collection has been Christopher Stein, Chief, Services via email at [email protected]. approved by the Office of Management Surveys Branch, Balance of Payments SUPPLEMENTARY INFORMATION: Through and Budget (OMB) in accordance with Division, via phone at (301) 278–9189 or this Notice, BEA publishes the reporting the Paperwork Reduction Act and via email at [email protected]. requirements for the BE–30 survey form. assigned control number 0608–0011. An SUPPLEMENTARY INFORMATION: Through As noted below, all entities required to agency may not conduct or sponsor, and this Notice, BEA publishes the reporting respond to this mandatory survey will a person is not required to respond to, requirements for the BE–9 survey form. be contacted by BEA. Entities must a collection of information unless it As noted below, all entities required to submit the completed survey forms displays a valid control number respond to this mandatory survey will within 45 days after the end of each assigned by OMB. Public reporting be contacted by BEA. Entities must calendar quarter. This Notice is being burden for this collection of information submit the completed survey forms issued in conformance with the rule is estimated to average 4 hours per within 45 days after the end of each BEA issued on April 24, 2012 (77 FR response. Additional information calendar quarter. This Notice is being 24373), establishing guidelines for regarding this burden estimate may be issued in conformance with the rule collecting data on international trade in viewed at www.reginfo.gov; under the BEA issued on April 24, 2012 (77 FR services and direct investment through Information Collection Review tab, click 24373), establishing guidelines for notices, rather than through rulemaking. on ‘‘Search’’ and use the above OMB collecting data on international trade in Additional information about BEA’s control number to search for the current services and direct investment through collection of data on international trade survey instrument. Send comments notices, rather than through rulemaking. in services and direct investment can be regarding this burden estimate to Additional information about BEA’s found in the 2012 rule, the International Christopher Stein, Chief, Services collection of data on international trade Investment and Trade in Services Surveys Branch (BE–50), Balance of in services and direct investment can be Survey Act (22 U.S.C. 3101 et seq.), and Payments Division, via email at found in the 2012 rule, the International 15 CFR part 801. Survey data on [email protected]; and to the Investment and Trade in Services

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Survey Act (22 U.S.C. 3101 et seq.), and Christopher Stein, Chief, Services collection of data on international trade 15 CFR part 801. Survey data on Surveys Branch, Balance of Payments in services and direct investment can be international trade in services and direct Division, via email at found in the 2012 rule, the International investment that are not collected [email protected]; and to the Investment and Trade in Services pursuant to the 2012 rule are described Office of Management and Budget, Survey Act (22 U.S.C. 3101 et seq.), and separately in 15 CFR part 801. The BE– Paperwork Reduction Project 0608– 15 CFR part 801. Survey data on 9 survey form and instructions are 0068, via email at OIRA_Submission@ international trade in services and direct available at www.bea.gov/ssb. omb.eop.gov. investment that are not collected pursuant to the 2012 rule are described Reporting (Authority: 22 U.S.C. 3101–3108) separately in 15 CFR part 801. The BE– Notice of specific reporting Paul W. Farello, 37 survey form and instructions are requirements, including who is to Associate Director for International available at www.bea.gov/ssb. report, the information to be reported, Economics, Bureau of Economic Analysis. Reporting the manner of reporting, and the time [FR Doc. 2021–04924 Filed 3–9–21; 8:45 am] and place of filing reports, will be BILLING CODE 3510–06–P Notice of specific reporting mailed to those required to complete requirements, including who is to this survey. report, the information to be reported, Who Must Report: (a) Reports are DEPARTMENT OF COMMERCE the manner of reporting, and the time required from U.S. offices, agents, or and place of filing reports, will be other representatives of foreign airline Bureau of Economic Analysis mailed to those required to complete operators that had total reportable [Docket No. 210304–0039] this survey. revenues or total reportable expenses Who Must Report: (a) Reports are that were $5 million or more during the RIN 0691–XC115 required from U.S. airline operators that prior year, or are expected to be $5 had total reportable revenues or total million or more during the current year. BE–37: Quarterly Survey of U.S. Airline reportable expenses that were $500,000 (b) Entities required to report will be Operators’ Foreign Revenues and or more during the prior year, or are contacted individually by BEA. Entities Expenses expected to be $500,000 or more during not contacted by BEA have no reporting AGENCY: Bureau of Economic Analysis, the current year. responsibilities. Commerce. (b) Entities required to report will be What To Report: The survey collects contacted individually by BEA. Entities ACTION: Notice of reporting information on foreign airline operators’ not contacted by BEA have no reporting requirements. revenues and expenses in the United responsibilities. States. SUMMARY: By this Notice, the Bureau of What To Report: The survey collects How To Report: Reports can be filed Economic Analysis (BEA), Department information on U.S. airline operators’ using BEA’s electronic reporting system of Commerce, is informing the public foreign revenues and expenses. at www.bea.gov/efile. Copies of the that it is conducting the mandatory How To Report: Reports can be filed survey forms and instructions, which survey titled Quarterly Survey of U.S. using BEA’s electronic reporting system contain complete information on Airline Operators’ Foreign Revenues at www.bea.gov/efile. Copies of the reporting procedures and definitions, and Expenses (BE–37). The data survey forms and instructions, which can be downloaded from www.bea.gov/ collected on the BE–37 survey are contain complete information on ssb and submitted through mail or fax. needed to measure U.S. trade in reporting procedures and definitions, Form BE–9 inquiries can be made by transport services and to analyze the can be downloaded from www.bea.gov/ phone to BEA at (301) 278–9303 or by impact of U.S. trade on the U.S. and ssb and submitted through mail or fax. sending an email to [email protected]. foreign economies. This survey is Form BE–37 inquiries can be made by When To Report: Reports are due to authorized by the International phone to BEA at (301) 278–9303 or by BEA 45 days after the end of each Investment and Trade in Services sending an email to [email protected]. calendar quarter. Survey Act. When To Report: Reports are due to BEA 45 days after the end of each Paperwork Reduction Act Notice FOR FURTHER INFORMATION CONTACT: calendar quarter. This data collection has been Christopher Stein, Chief, Services approved by the Office of Management Surveys Branch, Balance of Payments Paperwork Reduction Act Notice and Budget (OMB) in accordance with Division, via phone at (301) 278–9189 or This data collection has been the Paperwork Reduction Act and via email at [email protected]. approved by the Office of Management assigned control number 0608–0068. An SUPPLEMENTARY INFORMATION: Through and Budget (OMB) in accordance with agency may not conduct or sponsor, and this Notice, BEA publishes the reporting the Paperwork Reduction Act and a person is not required to respond to, requirements for the BE–37 survey form. assigned control number 0608–0011. An a collection of information unless it As noted below, all entities required to agency may not conduct or sponsor, and displays a valid control number respond to this mandatory survey will a person is not required to respond to, assigned by OMB. Public reporting be contacted by BEA. Entities must a collection of information unless it burden for this collection of information submit the completed survey forms displays a valid control number is estimated to average 6 hours per within 45 days after the end of each assigned by OMB. Public reporting response. Additional information calendar quarter. This Notice is being burden for this collection of information regarding this burden estimate may be issued in conformance with the rule is estimated to average 4 hours per viewed at www.reginfo.gov; under the BEA issued on April 24, 2012 (77 FR response. Additional information Information Collection Review tab, click 24373), establishing guidelines for regarding this burden estimate may be on ‘‘Search’’ and use the above OMB collecting data on international trade in viewed at www.reginfo.gov; under the control number to search for the current services and direct investment through Information Collection Review tab, click survey instrument. Send comments notices, rather than through rulemaking. on ‘‘Search’’ and use the above OMB regarding this burden estimate to Additional information about BEA’s control number to search for the current

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survey instrument. Send comments conformance with the rule BEA issued assigned control number 0608–0004. An regarding this burden estimate to on April 24, 2012 (77 FR 24373), agency may not conduct or sponsor, and Christopher Stein, Chief, Services establishing guidelines for collecting a person is not required to respond to, Surveys Branch, Balance of Payments data on international trade in services a collection of information unless it Division, via email at and direct investment through notices, displays a valid control number [email protected]; and to the rather than through rulemaking. assigned by OMB. Public reporting Office of Management and Budget, Additional information about BEA’s burden for this collection of information Paperwork Reduction Project 0608– collection of data on international trade is estimated to average 1 hour per 0011, via email at OIRA_Submission@ in services and direct investment can be response. Additional information omb.eop.gov. found in the 2012 rule, the International regarding this burden estimate may be Authority: 22 U.S.C. 3101–3108. Investment and Trade in Services viewed at www.reginfo.gov; under the Survey Act (22 U.S.C. 3101 et seq.), and Information Collection Review tab, click Paul W. Farello, 15 CFR part 801. Survey data on on ‘‘Search’’ and use the above OMB Associate Director for International international trade in services and direct control number to search for the current Economics, Bureau of Economic Analysis. investment that are not collected survey instrument. Send comments [FR Doc. 2021–04928 Filed 3–9–21; 8:45 am] pursuant to the 2012 rule are described regarding this burden estimate to Jessica BILLING CODE 3510–06–P separately in 15 CFR part 801. The BE– Hanson, Chief, Direct Transactions and 577 survey forms and instructions are Positions Branch (BE–49), via email at available at www.bea.gov/dia. [email protected]; and to the DEPARTMENT OF COMMERCE Office of Management and Budget, Reporting Paperwork Reduction Project 0608– Bureau of Economic Analysis Notice of specific reporting 0004, via email at OIRA_Submission@ [Docket No. 210304–0045] requirements, including who is to omb.eop.gov. report, the information to be reported, Authority: 22 U.S.C. 3101–3108. RIN 0691–XC119 the manner of reporting, and the time and place of filing reports, will be Paul W. Farello, BE–577: Quarterly Survey of U.S. mailed to those required to complete Direct Investment Abroad— Associate Director for International this survey. Economics, Bureau of Economic Analysis. Transactions of U.S. Reporter With Who Must Report: (a) Reports are Foreign Affiliate [FR Doc. 2021–04932 Filed 3–9–21; 8:45 am] required from each U.S. person that has BILLING CODE 3510–06–P AGENCY: Bureau of Economic Analysis, a direct and/or indirect ownership Commerce. interest of at least 10 percent of the ACTION: Notice of reporting voting stock in an incorporated foreign DEPARTMENT OF COMMERCE requirements. business enterprise, or an equivalent interest in an unincorporated foreign Bureau of Economic Analysis SUMMARY: By this Notice, the Bureau of business enterprise, and that meets the [Docket No. 210304–0046] Economic Analysis (BEA), Department additional conditions detailed in Form of Commerce, is informing the public BE–577. RIN 0691–XC113 that it is conducting the mandatory (b) Entities required to report will be BE–29: Annual Survey of Foreign survey titled Quarterly Survey of U.S. contacted individually by BEA. Entities Ocean Carriers’ Expenses in the Direct Investment Abroad— not contacted by BEA have no reporting United States Transactions of U.S. Reporter with responsibilities. Foreign Affiliate (BE–577). The data What To Report: The survey collects AGENCY: Bureau of Economic Analysis, collected on the BE–577 survey are information on transactions between Commerce. parent companies and their affiliates needed to measure the size and ACTION: Notice of reporting and on direct investment positions economic significance of U.S. direct requirements. investment abroad and its impact on the (stocks). U.S. and foreign economies. This survey How To Report: Reports can be filed SUMMARY: By this Notice, the Bureau of is authorized by the International using BEA’s electronic reporting system Economic Analysis (BEA), Department Investment and Trade in Services at www.bea.gov/efile. Copies of the of Commerce, is informing the public Survey Act. survey form and instructions, which that it is conducting the mandatory contain complete information on FOR FURTHER INFORMATION CONTACT: survey titled Annual Survey of Foreign reporting procedures and definitions, Jessica Hanson, Chief, Direct Ocean Carriers’ Expenses in the United can be downloaded from www.bea.gov/ Transactions and Positions Branch (BE– States (BE–29). The data collected on dia and submitted through mail or fax. 49), via phone at (301) 278–9595 or via the BE–29 survey are needed to measure Form BE–577 inquiries can be made by email at [email protected]. U.S. trade in transport services and to phone to BEA at (301) 278–9261 or by analyze the impact of U.S. trade on the SUPPLEMENTARY INFORMATION: Through sending an email to [email protected]. this Notice, BEA publishes the reporting U.S. and foreign economies. This survey When To Report: Reports are due to is authorized by the International requirements for the BE–577 survey BEA 30 days after the close of each form. As noted below, all entities Investment and Trade in Services calendar or fiscal quarter, or 45 days if Survey Act. required to respond to this mandatory the report is for the final quarter of the survey will be contacted by BEA. financial reporting year. FOR FURTHER INFORMATION CONTACT: Entities must submit the completed Christopher Stein, Chief, Services survey forms within 30 days after the Paperwork Reduction Act Notice Surveys Branch, Balance of Payments end of each calendar or fiscal quarter, or This data collection has been Division, via phone at (301) 278–9189 or within 45 days if the report is for the approved by the Office of Management via email at [email protected]. final quarter of the financial reporting and Budget (OMB) in accordance with SUPPLEMENTARY INFORMATION: Through year. This Notice is being issued in the Paperwork Reduction Act and this Notice, BEA publishes the reporting

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requirements for the BE–29 survey form. and Budget (OMB) in accordance with SUPPLEMENTARY INFORMATION: Through As noted below, all entities required to the Paperwork Reduction Act and this Notice, BEA publishes the reporting respond to this mandatory survey will assigned control number 0608–0012. An requirements for the BE–15 survey form. be contacted by BEA. Entities must agency may not conduct or sponsor, and As noted below, all entities required to submit the completed survey forms a person is not required to respond to, respond to this mandatory survey will within 90 days after the end of each a collection of information unless it be contacted by BEA. A completed calendar year. This Notice is being displays a valid control number report covering the entity’s fiscal year issued in conformance with the rule assigned by OMB. Public reporting ending during the previous calendar BEA issued on April 24, 2012 (77 FR burden for this collection of information year is due by May 31 (or by June 30 for 24373), establishing guidelines for is estimated to average 3 hours per reporting companies that use BEA’s collecting data on international trade in response. Additional information eFile system). This Notice is being services and direct investment through regarding this burden estimate may be issued in conformance with the rule notices, rather than through rulemaking. viewed at www.reginfo.gov; under the BEA issued on April 24, 2012 (77 FR Additional information about BEA’s Information Collection Review tab, click 24373), establishing guidelines for collection of data on international trade on ‘‘Search’’ and use the above OMB collecting data on international trade in in services and direct investment can be control number to search for the current services and direct investment through found in the 2012 rule, the International survey instrument. Send comments notices, rather than through rulemaking. Investment and Trade in Services regarding this burden estimate to Additional information about BEA’s Survey Act (22 U.S.C. 3101 et seq.), and Christopher Stein, Chief, Services collection of data on international trade 15 CFR part 801. Survey data on Surveys Branch, Balance of Payments in services and direct investment can be international trade in services and direct Division, via email at found in the 2012 rule, the International investment that are not collected [email protected]; and to the Investment and Trade in Services pursuant to the 2012 rule are described Office of Management and Budget, Survey Act (22 U.S.C. 3101 et seq.), and separately in 15 CFR part 801. The BE– Paperwork Reduction Project 0608– 15 CFR part 801. Survey data on 29 survey form and instructions are 0012, via email at OIRA_Submission@ international trade in services and direct available at www.bea.gov/ssb. omb.eop.gov. investment that are not collected pursuant to the 2012 rule are described Reporting (Authority: 22 U.S.C. 3101–3108) separately in 15 CFR part 801. The BE– Notice of specific reporting Paul W. Farello, 15 survey forms and instructions are requirements, including who is to Associate Director for International available at www.bea.gov/fdi. report, the information to be reported, Economics, Bureau of Economic Analysis. Reporting the manner of reporting, and the time [FR Doc. 2021–04926 Filed 3–9–21; 8:45 am] and place of filing reports, will be BILLING CODE 3510–06–P Notice of specific reporting mailed to those required to complete requirements, including who is to this survey. report, the information to be reported, Who Must Report: (a) Reports are DEPARTMENT OF COMMERCE the manner of reporting, and the time required from U.S. agents of foreign and place of filing reports, will be carriers who handle 40 or more foreign Bureau of Economic Analysis mailed to those required to complete ocean carrier port calls in the reporting [Docket No. 210304–0043] this survey. period, or had reportable expenses of Who Must Report: (a) Reports are $250,000 or more in the reporting RIN 0691–XC112 required from each U.S. business period for all foreign ocean vessels enterprise in which a foreign person has handled by the U.S. Agent. See BE–29 BE–15: Annual Survey of Foreign Direct Investment in the United States a direct and/or indirect ownership survey form for more details. interest of at least 10 percent of the (b) Entities required to report will be AGENCY: Bureau of Economic Analysis, voting stock in an incorporated U.S. contacted individually by BEA. Entities Commerce. business enterprise, or an equivalent not contacted by BEA have no reporting ACTION: Notice of reporting interest in an unincorporated U.S responsibilities. business enterprise, and that meets the What To Report: The survey collects requirements. additional conditions detailed in Form information on foreign ocean carriers’ SUMMARY: By this Notice, the Bureau of BE–15. expenses in the United States. Economic Analysis (BEA), Department How To Report: Reports can be filed (b) Entities required to report will be of Commerce, is informing the public using BEA’s electronic reporting system contacted individually by BEA. Entities that it is conducting the mandatory at www.bea.gov/efile. Copies of the not contacted by BEA have no reporting survey titled Annual Survey of Foreign survey forms and instructions, which responsibilities. Direct Investment in the United States contain complete information on What To Report: The survey collects (BE–15). The data collected on the BE– reporting procedures and definitions, information on the operations of U.S. 15 survey are needed to measure the can be downloaded from www.bea.gov/ affiliates of foreign companies. size and economic significance of ssb and submitted through mail or fax. How To Report: Reports can be filed foreign direct investment in the United Form BE–29 inquiries can be made by using BEA’s electronic reporting system States and its impact on the U.S. phone to BEA at (301) 278–9303 or by at www.bea.gov/efile. Copies of the economy. This survey is authorized by sending an email to [email protected]. survey forms and instructions, which When To Report: Reports are due to the International Investment and Trade contain complete information on BEA 90 days after the end of each in Services Survey Act. reporting procedures and definitions, calendar year. FOR FURTHER INFORMATION CONTACT: can be downloaded from www.bea.gov/ Ricardo Lime´s, Chief, Multinational fdi and submitted through mail or fax. Paperwork Reduction Act Notice Operations Branch (BE–49), via phone Form BE–15 inquiries can be made by This data collection has been at (301) 278–9659 or via email at phone to BEA at (301) 278–9247 or by approved by the Office of Management [email protected]. sending an email to be12/[email protected].

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When To Report: A completed report Investment and Trade in Services can be downloaded from www.bea.gov/ covering an entity’s fiscal year ending Survey Act. dia and submitted through mail or fax. during the previous calendar year is due FOR FURTHER INFORMATION CONTACT: Form BE–11 inquiries can be made by by May 31 (or by June 30 for reporting Ricardo Lime´s, Chief, Multinational phone to BEA at (301) 278–9418 or by companies that use BEA’s eFile system). Operations Branch (BE–49), via phone sending an email to be10/[email protected]. Paperwork Reduction Act Notice at (301) 278–9659 or via email at When To Report: A completed report [email protected]. covering an entity’s fiscal year ending This data collection has been SUPPLEMENTARY INFORMATION: Through during the previous calendar year is due approved by the Office of Management by May 31. and Budget (OMB) in accordance with this Notice, BEA publishes the reporting the Paperwork Reduction Act and requirements for the BE–11 survey form. Paperwork Reduction Act Notice As noted below, all entities required to assigned control number 0608–0034. An This data collection has been respond to this mandatory survey will agency may not conduct or sponsor, and approved by the Office of Management be contacted by BEA. A completed a person is not required to respond to, and Budget (OMB) in accordance with report covering the entity’s fiscal year a collection of information unless it the Paperwork Reduction Act and ending during the previous calendar displays a valid control number assigned control number 0608–0053. An year is due by May 31. This Notice is assigned by OMB. Public reporting agency may not conduct or sponsor, and being issued in conformance with the burden for this collection of information a person is not required to respond to, rule BEA issued on April 24, 2012 (77 is estimated to average 19.7 hours per a collection of information unless it FR 24373), establishing guidelines for response. Additional information displays a valid control number collecting data on international trade in regarding this burden estimate may be assigned by OMB. A complete response services and direct investment through viewed at www.reginfo.gov; under the includes one BE–11A form (with an notices, rather than through rulemaking. Information Collection Review tab, click estimated average reporting burden of 7 Additional information about BEA’s on ‘‘Search’’ and use the above OMB hours) for reporting domestic operations collection of data on international trade control number to search for the current and one or more BE–11B (12 hours), in services and direct investment can be survey instrument. Send comments BE–11C (2 hours), or BE–10D (1 hour) found in the 2012 rule, the International regarding this burden estimate to forms for reporting foreign operations. Investment and Trade in Services Ricardo Lime´s, Chief, Multinational Public reporting burden for this Survey Act (22 U.S.C. 3101 et seq.), and Operations Branch (BE–49), via email at collection of information is estimated to 15 CFR part 801. Survey data on [email protected]; and to the average a total of 103.4 hours per international trade in services and direct Office of Management and Budget, complete response. Additional investment that are not collected Paperwork Reduction Project 0608– information regarding this burden pursuant to the 2012 rule are described 0034, via email at OIRA_Submission@ estimate may be viewed at separately in 15 CFR part 801. The BE– omb.eop.gov. www.reginfo.gov; under the Information 11 survey forms and instructions are Collection Review tab, click on Authority: 22 U.S.C. 3101–3108. available at www.bea.gov/dia. ‘‘Search’’ and use the above OMB Paul W. Farello, Reporting control number to search for the current Associate Director for International Notice of specific reporting survey instrument. Send comments Economics, Bureau of Economic Analysis. regarding this burden estimate to [FR Doc. 2021–04925 Filed 3–9–21; 8:45 am] requirements, including who is to report, the information to be reported, Ricardo Lime´s, Chief, Multinational BILLING CODE 3510–06–P the manner of reporting, and the time Operations Branch (BE–49), via email at and place of filing reports, will be [email protected]; and to the mailed to those required to complete Office of Management and Budget, DEPARTMENT OF COMMERCE Paperwork Reduction Project 0608– this survey. _ Bureau of Economic Analysis Who Must Report: (a) Reports are 0053, via email at OIRA Submission@ required from each U.S. person that has omb.eop.gov. [Docket No. 210304–0041] a direct and/or indirect ownership Authority: 22 U.S.C. 3101–3108. RIN 0691–XC111 interest of at least 10 percent of the Paul W. Farello, voting stock in an incorporated foreign BE–11: Annual Survey of U.S. Direct business enterprise, or an equivalent Associate Director for International Economics, Bureau of Economic Analysis. Investment Abroad interest in an unincorporated foreign [FR Doc. 2021–04922 Filed 3–9–21; 8:45 am] AGENCY: Bureau of Economic Analysis, business enterprise, and that meets the BILLING CODE 3510–06–P Commerce. additional conditions detailed in Form ACTION: Notice of reporting BE–11. (b) Entities required to report will be requirements. DEPARTMENT OF COMMERCE contacted individually by BEA. Entities SUMMARY: By this Notice, the Bureau of not contacted by BEA have no reporting Bureau of Economic Analysis Economic Analysis (BEA), Department responsibilities. of Commerce, is informing the public What To Report: The survey collects [Docket No. 210304–0042] that it is conducting the mandatory information on the operations of U.S. survey titled Annual Survey of U.S. parent companies and their foreign RIN 0691–XC117 Direct Investment Abroad (BE–11). The affiliates. BE–125: Quarterly Survey of data collected on the BE–11 survey are How To Report: Reports can be filed Transactions in Selected Services and needed to measure the size and using BEA’s electronic reporting system Intellectual Property With Foreign economic significance of U.S. direct at www.bea.gov/efile. Copies of the Persons investment abroad and its impact on the survey forms and instructions, which U.S. and foreign economies. This survey contain complete information on AGENCY: Bureau of Economic Analysis, is authorized by the International reporting procedures and definitions, Commerce.

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ACTION: Notice of reporting exceed that amount during the current Authority: 22 U.S.C. 3101–3108. requirements. fiscal year; or had combined reportable Paul W. Farello, purchases of services or intellectual SUMMARY: By this Notice, the Bureau of Associate Director for International property from foreign persons that Economics, Bureau of Economic Analysis. Economic Analysis (BEA), Department exceeded $4 million during the prior [FR Doc. 2021–04930 Filed 3–9–21; 8:45 am] of Commerce, is informing the public fiscal year, or are expected to exceed that it is conducting the mandatory that amount during the current fiscal BILLING CODE 3510–06–P survey titled Quarterly Survey of year. Because the thresholds are applied Transactions in Selected Services and separately to sales and purchases, the DEPARTMENT OF COMMERCE Intellectual Property with Foreign reporting requirements may apply only Persons (BE–125). The data collected on to sales, only to purchases, or to both. Bureau of Economic Analysis the BE–125 survey are needed to See BE–125 survey form for more measure U.S. trade in services and to [Docket No. 210304–0044] details. analyze the impact of U.S. trade on the (b) Entities required to report will be RIN 0691–XC118 U.S. and foreign economies. This survey is authorized by the International contacted individually by BEA. Entities not contacted by BEA have no reporting BE–185: Quarterly Survey of Financial Investment and Trade in Services Services Transactions Between U.S. Survey Act. responsibilities. What To Report: The survey collects Financial Services Providers and FOR FURTHER INFORMATION CONTACT: information on U.S. international trade Foreign Persons Christopher Stein, Chief, Services in selected services and intellectual Surveys Branch, Balance of Payments AGENCY: Bureau of Economic Analysis, property. Division, via phone at (301) 278–9189 or Commerce. via email at [email protected]. How To Report: Reports can be filed ACTION: Notice of reporting using BEA’s electronic reporting system SUPPLEMENTARY INFORMATION: Through requirements. at www.bea.gov/efile. Copies of the this Notice, BEA publishes the reporting survey forms and instructions, which SUMMARY: By this Notice, the Bureau of requirements for the BE–125 survey contain complete information on Economic Analysis (BEA), Department form. As noted below, all entities reporting procedures and definitions, of Commerce, is informing the public required to respond to this mandatory can be downloaded from www.bea.gov/ that it is conducting the mandatory survey will be contacted by BEA. survey titled Quarterly Survey of Entities must submit the completed ssb and submitted through mail or fax. Form BE–125 inquiries can be made by Financial Services Transactions survey forms within 45 days after the between U.S. Financial Services end of each fiscal quarter, except for the phone to BEA at (301) 278–9303 or by sending an email to be-125help@ Providers and Foreign Persons (BE– final quarter of the entity’s fiscal year 185). The data collected on the BE–185 when reports must be filed within 90 bea.gov. When To Report: Reports are due to survey are needed to measure U.S. trade days. This Notice is being issued in in financial services and to analyze the conformance with the rule BEA issued BEA 45 days after the end of each fiscal quarter, except for the final quarter of impact of U.S. trade on the U.S. and on April 24, 2012 (77 FR 24373), foreign economies. This survey is establishing guidelines for collecting the entity’s fiscal year when reports must be filed within 90 days. authorized by the International data on international trade in services Investment and Trade in Services and direct investment through notices, Paperwork Reduction Act Notice Survey Act and by Section 5408 of the rather than through rulemaking. Omnibus Trade and Competitiveness Additional information about BEA’s This data collection has been Act of 1988. collection of data on international trade approved by the Office of Management in services and direct investment can be and Budget (OMB) in accordance with FOR FURTHER INFORMATION CONTACT: found in the 2012 rule, the International the Paperwork Reduction Act and Christopher Stein, Chief, Services Investment and Trade in Services assigned control number 0608–0067. An Surveys Branch, Balance of Payments Survey Act (22 U.S.C. 3101 et seq.), and agency may not conduct or sponsor, and Division, via phone at (301) 278–9189 or 15 CFR part 801. Survey data on a person is not required to respond to, via email at [email protected]. international trade in services and direct a collection of information unless it SUPPLEMENTARY INFORMATION: Through investment that are not collected displays a valid control number this Notice, BEA publishes the reporting pursuant to the 2012 rule are described assigned by OMB. Public reporting requirements for the BE–185 survey separately in 15 CFR part 801. The BE– burden for this collection of information form. As noted below, all entities 125 survey form and instructions are is estimated to average 21 hours per required to respond to this mandatory available at www.bea.gov/ssb. response. Additional information survey will be contacted by BEA. regarding this burden estimate may be Entities must submit the completed Reporting viewed at www.reginfo.gov; under the survey forms within 45 days after the Notice of specific reporting Information Collection Review tab, click end of each fiscal quarter, except for the requirements, including who is to on ‘‘Search’’ and use the above OMB final quarter of the entity’s fiscal year report, the information to be reported, control number to search for the current when reports must be filed within 90 the manner of reporting, and the time survey instrument. Send comments days. This Notice is being issued in and place of filing reports, will be regarding this burden estimate to conformance with the rule BEA issued mailed to those required to complete Christopher Stein, Chief, Services on April 24, 2012 (77 FR 24373), this survey. Surveys Branch, Balance of Payments establishing guidelines for collecting Who Must Report: (a) Reports are Division, via email at data on international trade in services required from each U.S. person who had [email protected]; and to the and direct investment through notices, combined reportable sales of services or Office of Management and Budget, rather than through rulemaking. intellectual property to foreign persons Paperwork Reduction Project 0608– Additional information about BEA’s that exceeded $6 million during the 0067, via email at OIRA_ collection of data on international trade prior fiscal year, or are expected to [email protected]. in services and direct investment can be

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found in the 2012 rule, the International and Budget (OMB) in accordance with review the application and make Investment and Trade in Services the Paperwork Reduction Act and recommendations to the Executive Survey Act (22 U.S.C. 3101 et seq.), and assigned control number 0608–0065. An Secretary. 15 CFR part 801, and by Section 5408 agency may not conduct or sponsor, and Public comment is invited from of the Omnibus Trade and a person is not required to respond to, interested parties. Submissions shall be Competitiveness Act of 1988 (Pub. L. a collection of information unless it addressed to the FTZ Board’s Executive 100–418, 15 U.S.C. 4908(b)). Survey displays a valid control number Secretary and sent to: [email protected]. The data on international trade in services assigned by OMB. Public reporting closing period for their receipt is April and direct investment that are not burden for this collection of information 19, 2021. Rebuttal comments in collected pursuant to the 2012 rule are is estimated to average 10 hours per response to material submitted during described separately in 15 CFR part 801. response. Additional information the foregoing period may be submitted The BE–185 survey form and regarding this burden estimate may be during the subsequent 15-day period to instructions are available at viewed at www.reginfo.gov; under the May 4, 2021. www.bea.gov/ssb. Information Collection Review tab, click A copy of the application will be on ‘‘Search’’ and use the above OMB available for public inspection in the Reporting control number to search for the current ‘‘Reading Room’’ section of the FTZ Notice of specific reporting survey instrument. Send comments Board’s website, which is accessible via requirements, including who is to regarding this burden estimate to www.trade.gov/ftz. report, the information to be reported, Christopher Stein, Chief, Services For further information, contact the manner of reporting, and the time Surveys Branch, Balance of Payments Christopher Kemp at and place of filing reports, will be Division, via email at [email protected]. mailed to those required to complete [email protected]; and to the Dated: March 5, 2021. this survey. Office of Management and Budget, Andrew McGilvray, Who Must Report: (a) Reports are Paperwork Reduction Project 0608– Executive Secretary. required from each U.S. person who had _ 0065, via email at OIRA [FR Doc. 2021–04992 Filed 3–9–21; 8:45 am] combined reportable sales of financial [email protected]. services to foreign persons that BILLING CODE 3510–DS–P exceeded $20 million during the prior Authority: 22 U.S.C. 3101–3108 and 15 U.S.C. 4908(b). fiscal year, or are expected to exceed DEPARTMENT OF COMMERCE that amount during the current fiscal Paul W. Farello, year; or had combined reportable Associate Director for International International Trade Administration purchases of financial services from Economics, Bureau of Economic Analysis. [A–570–119] foreign persons that exceeded $15 [FR Doc. 2021–04931 Filed 3–9–21; 8:45 am] million during the prior fiscal year, or BILLING CODE 3510–06–P Certain Large Vertical Shaft Engines are expected to exceed that amount Between 225cc and 999cc, and Parts during the current fiscal year. Because Thereof, From the People’s Republic of DEPARTMENT OF COMMERCE the thresholds are applied separately to China: Notice of Correction to the sales and purchases, the reporting Foreign-Trade Zones Board Amended Final Antidumping Duty requirements may apply only to sales, Determination and Antidumping Duty only to purchases, or to both. [S–38–2021] Order (b) Entities required to report will be contacted individually by BEA. Entities Foreign-Trade Zone 44—Mt. Olive, New AGENCY: Enforcement and Compliance, not contacted by BEA have no reporting Jersey; Application for Subzone; International Trade Administration, responsibilities. Piramal Critical Care, Inc.; Linden, New Department of Commerce. What To Report: The survey collects Jersey SUMMARY: The U.S. Department of information on transactions in financial Commerce (Commerce) is issuing a An application has been submitted to services between U.S. financial services correction to a previously published the Foreign-Trade Zones (FTZ) Board by providers and foreign persons. Federal Register notice pertaining to the the State of New Jersey, Department of How To Report: Reports can be filed amended final antidumping duty State, grantee of FTZ 44, requesting using BEA’s electronic reporting system determination and antidumping duty subzone status for the facility of Piramal at www.bea.gov/efile. Copies of the order on certain large vertical shaft Critical Care, Inc., located in Linden, survey forms and instructions, which engines between 225cc and 999cc, and New Jersey. The application was contain complete information on parts thereof (large vertical shaft submitted pursuant to the provisions of reporting procedures and definitions, engines) from the People’s Republic of the Foreign-Trade Zones Act, as can be downloaded from www.bea.gov/ China (China). ssb and submitted through mail or fax. amended (19 U.S.C. 81a–81u), and the DATES: Applicable March 4, 2021. Form BE–185 inquiries can be made by regulations of the FTZ Board (15 CFR phone to BEA at (301) 278–9303 or by part 400). It was formally docketed on FOR FURTHER INFORMATION CONTACT: Leo sending an email to be-185help@ March 5, 2021. Ayala AD/CVD Operations, Office VII, bea.gov. The proposed subzone (.015 acres) is Enforcement and Compliance, When To Report: Reports are due to located at 4200 Tremley Point Road, International Trade Administration, BEA 45 days after the end of each fiscal Linden, New Jersey. No authorization U.S. Department of Commerce, 1401 quarter, except for the final quarter of for production activity has been Constitution Avenue NW, Washington, the entity’s fiscal year when reports requested at this time. The proposed DC 20230; telephone: (202) 482–3945. must be filed within 90 days. subzone would be subject to the existing SUPPLEMENTARY INFORMATION: On March activation limit of FTZ 44. 4, 2021, Commerce published in the Paperwork Reduction Act Notice In accordance with the FTZ Board’s Federal Register the notice of the This data collection has been regulations, Christopher Kemp of the amended final antidumping approved by the Office of Management FTZ Staff is designated examiner to determination and antidumping duty

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order on large vertical shaft engines issued on August 28, 2020 and (including NMFS Federal Register from China.1 In the Amended Final and subsequently modified and issued on notices of the original proposed and Order, Commerce misidentified January December 11, 2020. The initial IHA as final authorizations, and the previous 4, 2021, as the date of expiration of the now modified allowed Dominion to take IHA), as well as a list of the references provisional measures period. The nine species of marine mammals, by cited in this document, may be obtained correct date of expiration of the Level B harassment, incidental to online at: https:// provisional measures period is February marine site characterization surveys www.fisheries.noaa.gov/permit/ 15, 2021. conducted in the areas of the incidental-take-authorizations-under- We are hereby correcting the Commercial Lease of Submerged Lands marine-mammal-protection-act. In case Amended Final and Order to reflect the for Renewable Energy Development on of problems accessing these documents, correct date of expiration of the the Outer Continental Shelf (OCS) please call the contact listed above. provisional measures period of February Offshore Virginia (Lease No. OCS–A– SUPPLEMENTARY INFORMATION: 15, 2021. Commerce intends to instruct 0483) as well as in coastal waters where CBP to terminate the suspension of an export cable corridor will be Background liquidation and to liquidate, without established. Dominion has recently been The MMPA prohibits the ‘‘take’’ of regard to antidumping duties, recording take of common dolphin marine mammals, with certain unliquidated entries of large vertical (Delphinus Delphis) by Level B exceptions. Sections 101(a)(5)(A) and shaft engines from China entered, or harassment at a rate that would exceed (D) of the MMPA (16 U.S.C. 1361 et withdrawn from warehouse, for their authorized take limit. Therefore, seq.) direct the Secretary of Commerce consumption after February 15, 2021, NMFS is proposing to modify the IHA (as delegated to NMFS) to allow, upon the final day on which the provisional to increase authorized take by Level B request, the incidental, but not measures were in effect, until and harassment of common dolphin. The intentional, taking of small numbers of through the day preceding the date of mitigation, monitoring, and reporting marine mammals by U.S. citizens who publication of the International Trade measures remain the same as prescribed engage in a specified activity (other than Commission’s final affirmative injury in the initial IHA and no additional take commercial fishing) within a specified determination in the Federal Register. was requested for other species. NMFS geographical region if certain findings This notice serves as a correction and will consider public comments on the are made and either regulations are is published in accordance with section requested modification prior to making issued or, if the taking is limited to 777(i) of the Tariff Act of 1930, as any final decision and agency responses harassment, a notice of a proposed amended. will be summarized in the final notice incidental take authorization may be Dated: March 4, 2021. of our decision. provided to the public for review. Authorization for incidental takings Christian Marsh, DATES: Comments and information must be received no later than March 25, shall be granted if NMFS finds that the Acting Assistant Secretary for Enforcement taking will have a negligible impact on and Compliance. 2021. the species or stock(s) and will not have [FR Doc. 2021–04994 Filed 3–9–21; 8:45 am] ADDRESSES: Comments should be an unmitigable adverse impact on the BILLING CODE 3510–DS–P addressed to Jolie Harrison, Chief, availability of the species or stock(s) for Permits and Conservation Division, taking for subsistence uses (where Office of Protected Resources, National DEPARTMENT OF COMMERCE relevant). Further, NMFS must prescribe Marine Fisheries Service. Written the permissible methods of taking and comments should be submitted via other ‘‘means of effecting the least National Oceanic and Atmospheric email to [email protected]. Administration practicable adverse impact’’ on the Instructions: NMFS is not responsible affected species or stocks and their [RTID 0648–XA899] for comments sent by any other method, habitat, paying particular attention to to any other address or individual, or rookeries, mating grounds, and areas of Takes of Marine Mammals Incidental received after the end of the comment similar significance, and on the To Specified Activities; Taking Marine period. Comments, including all availability of such species or stocks for Mammals Incidental to Marine Site attachments, must not exceed a 25- taking for certain subsistence uses Characterization Surveys Off of megabyte file size. Attachments to (referred to in shorthand as Coastal Virginia comments will be accepted in Microsoft ‘‘mitigation’’); and requirements Word or Excel or Adobe PDF file AGENCY: National Marine Fisheries pertaining to the mitigation, monitoring Service (NMFS), National Oceanic and formats only. All comments received are and reporting of such takings are set Atmospheric Administration (NOAA), a part of the public record and will forth. Commerce. generally be posted online at https:// www.fisheries.noaa.gov/permit/ History of Request ACTION: Notice; proposed modification incidental-take-authorizations-under- of an incidental harassment On February 7, 2020, NMFS received marine-mammal-protection-act without authorization; request for comments. a request from Dominion for an IHA to change. All personal identifying take marine mammals incidental to SUMMARY: NMFS received a request from information (e.g., name, address) marine site characterization surveys in Dominion Energy Virginia (Dominion) voluntarily submitted by the commenter the areas of the Commercial Lease of on February 5, 2021, for a modification may be publicly accessible. Do not Submerged Lands for Renewable Energy to the incidental harassment submit confidential business Development on the OCS Offshore authorization (IHA) that was initially information or otherwise sensitive or Virginia (Lease No. OCS–A–0483) as protected information. well as in coastal waters where an 1 See Certain Large Vertical Shaft Engines FOR FURTHER INFORMATION CONTACT: export cable corridor will be established Between 225cc and 999cc, and Parts Thereof, from Robert Pauline, Office of Protected in support of the offshore wind project. the People’s Republic of China: Amended Final Antidumping Duty Determination and Resources, NMFS, (301) 427–8401. Dominion’s planned marine site Antidumping Duty Order, 86 FR 12623 (March 4, Electronic copies of the original characterization includes high- 2021) (Amended Final and Order). application and supporting documents resolution geophysical (HRG) survey

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activities. The application was deemed Description of the Proposed Activity is no new information on potential adequate and complete on May 12, and Anticipated Impacts effects. 2020. We published a notice of The modified IHA as proposed would Estimated Take proposed IHA and request for comments include the same HRG surveys in the A detailed description of the methods in the Federal Register on June 17, 2020 same locations that were described in (85 FR 36562). We subsequently and inputs used to estimate take for the the initial IHA and recently modified specified activity are found in the notice published the final notice of our IHA. The mitigation, monitoring, and issuance of the IHA in the Federal of IHA for the initial authorization (85 reporting measures remain the same. FR 55415; September 8, 2020). Revised Register on September 8, 2020 (85 FR NMFS refers the reader to the 55415), with effective dates from August estimated take numbers of spotted documents related to the initial IHA dolphin may be found in the previously 28, 2020, to August 27, 2021. NMFS issued on August 28, 2020, for more authorized the take by Level B issued modified IHA (85 FR 81879; detailed description of the project December 12, 2020). The HRG harassment of 9 species (10 stocks) of activities. These previous documents marine mammals including bottlenose equipment that may result in take, as include the notice of proposed IHA and well as the source levels, marine dolphin (Tursiops truncatus), pilot request for comments (85 FR 36562; mammal stocks taken, marine mammal whale (Globicephala spp.), common June 17, 2020) and notice of our density data and the methods of take dolphin (Delphinus delphis), Atlantic issuance of the IHA in the Federal estimation applicable to this white sided dolphin (Lagenorhynchus Register (85 FR 55415; September 8, authorization remain unchanged from acutus), Atlantic spotted dolphin 2020). Additional information may be the initial and recently modified IHA. (Stenella frontalis), Risso’s dolphin found in the notice of issuance of the The proposed number of authorized (Grampus griseus), harbor porpoise recently modified IHA (85 FR 81879; takes is identical to those found in the (Phocoena phocoena), harbor seal December 12, 2020). recently modified IHA with the (Phoca vitulina), and gray seal Detailed Description of the Action exception of spotted dolphin. (Halichoerus grypus). NMFS had authorized 68 takes of On September 29, 2020, NMFS A detailed description of the survey common dolphin by Level B harassment received a request from Dominion for a activities is found in these previous in the initial IHA (85 FR 55415; modification to the IHA that was issued documents. The location, timing, and September 8, 2020) and recently on August 28, 2020 (85 FR 55415; nature of the activities, including the modified IHA (85 FR 81879; December September 8, 2020). Since the issuance types of HRG equipment planned for 12, 2020). Since January 17, 2021, of the initial IHA, Dominion had been use, daily trackline distances and Dominion has recorded a total of 65 recording large pods of Atlantic spotted number of survey vessels (4) are common dolphins within the Level B dolphin within the Level B harassment identical to those described in the harassment zone. Sighting events have zone such that they were approaching previous notices. ranged from a single dolphin to a group the authorized take limit for this Description of Marine Mammals of up to 42 individuals. It appears that species. Therefore, NMFS published a the sudden increase in Level B take for notice of proposed IHA modification A description of the marine mammals common dolphins is due to the animals’ that included a 15-day public comment in the area of the activities is found in approach to the vessel for both bow period (85 FR 71881; November 12, these previous documents, which riding and swimming alongside. The 2020). NMFS subsequently issued a remains applicable to this proposed duration of these events has varied from modified IHA to Dominion that modified IHA as well. In addition, several minutes to many hours. Their increased authorized take of spotted NMFS has reviewed recent draft Stock behavior may be due to curiosity and dolphin by Level B harassment (85 FR Assessment Reports, information on perhaps an enhanced feeding relevant Unusual Mortality Events, and 81879; December 12, 2020). The opportunity provided (after dusk) by the recent scientific literature. Note that in mitigation, monitoring, and reporting lighted vessels. The increase in common the 2020 Draft U.S. Atlantic and Gulf of measures remain the same as prescribed dolphins appears to be seasonal, with Mexico Draft Marine Mammal Stock most (62) of the Level B harassment in the initial IHA. The expiration date Assessment Report (https:// takes occurring between January 17 and of the IHA remained the same (August www.fisheries.noaa.gov/national/ January 27, 2021, as well as three 27, 2021) as in the initial IHA. marine-mammal-protection/marine- additional takes recorded in February. On February 5, 2021, NMFS received mammal-stock-assessment-reports) the There was no observed take of common a subsequent request from Dominion for abundance of the Western North dolphin during the preceding phases of a modification to the IHA that had Atlantic stock of common dolphin has the survey in the summer and fall of previously been modified and issued increased slightly from 172,825 to 2020. Dominion has directed vessels to (85 FR 81879; December 12, 2020). 172,974 while the Annual Mortality/ shut-down at night, during periods of Dominion informed NMFS that they Serious Injury value has decreased low visibility, or whenever common were recording take of common dolphin slightly from 419 to 399. NMFS has dolphins are sighted to avoid further (Delphinus Delphis) by Level B determined that this information does accumulation of take. The need for harassment at a rate that would exceed not affect our analysis of impacts under frequent, lengthy shut-downs has the the authorized limit for this species. the initial IHA and recently modified potential to severely impact the overall Therefore, NMFS is proposing to again IHA. project schedule. That would result in modify the IHA to increase authorized the need for additional survey days on Potential Effects of Specified Activities take by Level B harassment of common the water as well as increased cost and on Marine Mammals and Their Habitat dolphin. The mitigation, monitoring, risks associated with extending the and reporting measures remain the same A description of the potential effects project schedule. as prescribed in the initial IHA and of the specified activities on marine Dominion observed common dolphins recently issued modified IHA. No mammals and their habitat may be over eight operational survey days as additional take was requested for other found in the documents supporting the shown in Table 1. Note that many of species. initial and recently modified IHA. There these animals were sighted outside of

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the Level B harassment zone and, conservatively requested the take of one harassment beyond the 68 takes therefore, were not recorded as takes. pod of 10 animals every day for the authorized in the initial IHA and The 62 takes over eight days averages remaining 60 survey days. NMFS recently modified IHA. The expiration out to just under eight takes per day. concurs and is proposing 600 additional date of the IHA would remain Given this information Dominion has takes of common dolphin by Level B unchanged as August 27, 2021.

TABLE 1—COMMON DOLPHIN DETECTION EVENTS DURING DOMINION ENERGY HRG SURVEY ACTIVITIES

Number of Number of events that Total number Vessel name common dolphin resulted in Level of Level B Min pod size Max pod size detection events B harassment harassment takes takes

R/V Minerva ...... 2 0 0 7 15 R/V Minerva ...... 4 2 14 6 12 R/V Minerva ...... 4 0 0 6 12 R/V Minerva ...... 3 1 10 1 10 R/V Minerva ...... 4 2 15 4 10 R/V Minerva ...... 2 2 19 7 42 R/V Minerva ...... 3 1 4 1 6 R/V Minerva ...... 2 0 0 4 15

The total number of incidental takes the western North Atlantic stock of initial or recently modified IHA and is by Level B harassment, including common dolphin. Take by Level A not proposing to do so as part of this proposed modified common dolphin harassment was not requested, nor does proposed modification. takes, are shown in Table 2. The NMFS anticipate it. NMFS did not proposed take represents 0.39 percent of authorize Level A harassment in the

TABLE 2—TOTAL NUMBERS OF AUTHORIZED TAKES BY LEVEL B HARASSMENT AND AS A PERCENTAGE OF POPULATION

Totals

Species Take authorization Instances of take (No.) as percentage of population 1

Short-finned pilot whale ...... 12 0.06 Bottlenose dolphin (Offshore) ...... 511 0.81 Bottlenose dolphin (Southern Migratory Coastal) ...... 224 6.5 Common dolphin (proposed adjusted) ...... 668 0.39 Atlantic white-sided dolphin ...... 44 0.12 Spotted dolphin ...... 2,427 4.38 Risso’s dolphin ...... 6 0.08 Harbor porpoise ...... 39 0.09 Harbor seal 2 ...... 35 0.02 Gray Seal 2 ...... 0.06 1 Calculations of percentage of stock taken are based on the best available abundance estimate as shown in Table 2 in Federal Register final notice of issuance of the IHA (85 FR 55415; September 8, 2020). In most cases the best available abundance estimate is provided by Roberts et al. (2016, 2017, 2018), when available, to maintain consistency with density estimates derived from Roberts et al. (2016, 2017, 2018. For bottlenose dolphins, Roberts et al. (2016, 2017, 2018) provides only a single abundance estimate and does not provide abundance estimates at the stock or species level (respectively), so abundance estimates used to estimate percentage of stock taken for bottlenose dolphins are derived from NMFS SARs (Hayes et al. 2019). 2 Pinniped density values reported as ‘‘seals’’ and not species-specific.

Description of Mitigation, Monitoring equipment and monitored by protected and seals; 200-m buffer zone is required and Reporting Measures species observers (PSOs) during HRG for all marine mammals except those The mitigation, monitoring, and surveys as follows: species otherwise excluded (i.e., North • reporting measures described here are 500-m EZ is required for North Atlantic right whale). identical to those included in the Atlantic right whales; If a marine mammal is detected Federal Register notices announcing the • During use of the GeoMarine Dual approaching or entering the EZs during issuance of the initial IHA (85 FR 55415; 400 Sparker 800J, a 100-m EZ is the survey, the vessel operator must September 8, 2020) and the recently required for all other marine mammals adhere to the shutdown procedures modified IHA (85 FR 81879; December except delphinid(s) from the genera described below. In addition to the EZs 12, 2020) as well as the discussions of Delphinus, Lagenorhynchus, Stenella or described above, PSOs must visually the least practicable adverse impact Tursiops and seals; monitor a 200-m buffer zone for the included in those documents remain • When only the Triple Plate Boomer purposes of pre-clearance. During use of accurate. 1000J is in use, a 25-m EZ is required acoustic sources with the potential to Establishment of Exclusion Zones for all other marine mammals except result in marine mammal harassment (EZs)—Marine mammal EZs must be delphinid(s) from the genera Delphinus, (i.e., anytime the acoustic source is established around the HRG survey Lagenorhynchus, Stenella or Tursiops active, including ramp-up), occurrences

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of marine mammals within the PSO; the notification time must not be after the marine mammal has either monitoring zone (but outside the EZs) less than 30 minutes prior to the been observed exiting the relevant EZ, must be communicated to the vessel planned initiation of HRG equipment in or, until an additional time period has operator to prepare for potential order to allow the PSOs time to monitor elapsed with no further sighting of the shutdown of the acoustic source. The the EZs and Buffer Zone for the 30 animal within the relevant EZ. buffer zone is not applicable when the minutes of pre-clearance. Upon implementation of shutdown, EZ is greater than 100 m. PSOs are also If a marine mammal is observed the HRG source may be reactivated after required to observe a 500-m monitoring within the relevant EZs or Buffer Zone the marine mammal that triggered the zone and record the presence of all during the pre-clearance period, shutdown has been observed exiting the marine mammals within this zone. initiation of HRG survey equipment applicable EZ (i.e., the animal is not Visual Monitoring—Monitoring must must not begin until the animal(s) has required to fully exit the Buffer Zone be conducted by qualified protected been observed exiting the respective EZ where applicable) or, following a PSOs who are trained biologists, with or Buffer Zone, or, until an additional clearance period of 15 minutes for small minimum qualifications described in time period has elapsed with no further odontocetes and seals and 30 minutes the Federal Register notice of the sighting (i.e., minimum 15 minutes for for all other species with no further issuance of the initial IHA (85 FR 55415; porpoises, and 30 minutes for all other observation of the marine mammal(s) September 8, 2020) and the recently species). The pre-clearance requirement within the relevant EZ. If the HRG modified IHA (85 FR 81879; December includes small delphinoids. PSOs must equipment shuts down for brief periods 12, 2020). Dominion must have one PSO also continue to monitor the zone for 30 (i.e., less than 30 minutes) for reasons on duty during the day and has minutes after survey equipment is shut other than mitigation (e.g., mechanical committed that a minimum of two down or survey activity has concluded. or electronic failure) the equipment may NMFS-approved PSOs must be on duty Ramp-Up of Survey Equipment— be re-activated as soon as is practicable and conducting visual observations When technically feasible, a ramp-up at full operational level, without 30 when HRG equipment is in use at night. procedure must be used for geophysical minutes of pre-clearance, only if PSOs Visual monitoring must begin no less survey equipment capable of adjusting have maintained constant visual than 30 minutes prior to ramp-up of energy levels at the start or re-start of observation during the shutdown and HRG equipment and continue until 30 survey activities. The ramp-up no visual detections of marine mammals minutes after use of the acoustic source. procedure must be used at the beginning occurred within the applicable EZs and PSOs must establish and monitor the of HRG survey activities in order to Buffer Zone during that time. For a applicable EZs, Buffer Zone and provide additional protection to marine shutdown of 30 minutes or longer, or if Monitoring Zone as described above. mammals near the Survey Area by visual observation was not continued PSOs must coordinate to ensure 360° allowing them to detect the presence of diligently during the pause, pre- visual coverage around the vessel from the survey and vacate the area prior to clearance observation is required, as the most appropriate observation posts, the commencement of survey described above. and must conduct observations while equipment operation at full power. The shutdown requirement is waived free from distractions and in a Ramp-up of the survey equipment must for certain genera of small delphinids consistent, systematic, and diligent not begin until the relevant EZs and (i.e., Delphinus, Lagenorhynchus, manner. PSOs are required to estimate Buffer Zone has been cleared by the Stenella, or Tursiops) under certain distances to observed marine mammals. PSOs, as described above. HRG circumstances. If a delphinid(s) from It is the responsibility of the Lead PSO equipment must be initiated at their these genera is visually detected within on duty to communicate the presence of lowest power output and would be the EZ shutdown would not be required. marine mammals as well as to incrementally increased to full power. If If there is uncertainty regarding communicate action(s) that are any marine mammals are detected identification of a marine mammal necessary to ensure mitigation and within the EZs or Buffer Zone prior to species (i.e., whether the observed monitoring requirements are or during ramp-up, the HRG equipment marine mammal(s) belongs to one of the implemented as appropriate. must be shut down (as described delphinid genera for which shutdown is Pre-Clearance of the Exclusion below). waived), PSOs must use best Zones—Prior to initiating HRG survey Shutdown Procedures—If an HRG professional judgment in making the activities, Dominion must implement a source is active and a marine mammal decision to call for a shutdown. 30-minute pre-clearance period. During is observed within or entering a relevant If a species for which authorization pre-clearance monitoring (i.e., before EZ (as described above) an immediate has not been granted, or a species for ramp-up of HRG equipment begins), the shutdown of the HRG survey equipment which authorization has been granted Buffer Zone also acts as an extension of is required. When shutdown is called but the authorized number of takes have the 100-m EZ in that observations of for by a PSO, the acoustic source must been met, approaches or is observed marine mammals within the 200-m be immediately deactivated and any within the area encompassing the Level Buffer Zone would also preclude HRG dispute resolved only following B harassment isopleth (100 m or 25 m), operations from beginning. During this deactivation. Any PSO on duty has the shutdown must occur. period, PSOs must ensure that no authority to delay the start of survey Vessel Strike Avoidance—Dominion marine mammals are observed within operations or to call for shutdown of the must comply with vessel strike 200 meters (m) of the survey equipment acoustic source if a marine mammal is avoidance measures as described in the (500 m in the case of North Atlantic detected within the applicable EZ. The Federal Register notices of the issuance right whales). HRG equipment must not vessel operator must establish and of initial IHA (85 FR 55415; September start up until this 200-m zone (or, 500- maintain clear lines of communication 8, 2020) and recently modified IHA (85 m zone in the case of North Atlantic directly between PSOs on duty and FR 81879; December 12, 2020). right whales) is clear of marine crew controlling the HRG source(s) to Seasonal Operating Requirements— mammals for at least 30 minutes. The ensure that shutdown commands are Dominion will conduct HRG survey vessel operator must notify a designated conveyed swiftly while allowing PSOs activities in the vicinity of the North PSO of the proposed start of HRG survey to maintain watch. Subsequent restart of Atlantic right whale Mid-Atlantic equipment as agreed upon with the lead the HRG equipment must only occur seasonal management area (SMA) near

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Norfolk and the mouth of the common dolphins is expected to be of Categorical Exclusion B4 (IHAs with no Chesapeake Bay. Activities conducted lower severity, predominantly in the anticipated serious injury or mortality) prior to May 1 must comply with the form of avoidance of the sound source of the Companion Manual for NOAA seasonal mandatory speed restriction and potential occasional interruption of Administrative Order 216–6A, which do period for this SMA (November 1 foraging. With approximately 60 survey not individually or cumulatively have through April 30) for any survey work days remaining, NMFS is proposing to the potential for significant impacts on or transit within this area. increase authorized spotted dolphin the quality of the human environment Throughout all phases of the survey take by Level B harassment to 668 from and for which we have not identified activities, Dominion must monitor 68. Even in consideration of the any extraordinary circumstances that NOAA Fisheries North Atlantic right increased estimated numbers of take by would preclude this categorical whale reporting systems for the Level B harassment, the impacts of these exclusion. Accordingly, NMFS has establishment of a dynamic lower severity exposures are not preliminarily determined that the management area (DMA). If NMFS expected to accrue to the degree that the issuance of the modified IHA qualifies establishes a DMA in the Lease Area or fitness of any individuals is impacted, to be categorically excluded from cable route corridor being surveyed, and, therefore no impacts on annual further NEPA review. within 24 hours of the establishment of rates of recruitment or survival will We will review all comments the DMA, Dominion is required to work result. Further, and separately, the submitted in response to this notice with NMFS to shut down and/or alter proposed take amount of common prior to concluding our NEPA process activities to avoid the DMA. dolphin still would be of small numbers or making a final decision on the IHA Training—Project-specific training is of spotted dolphins relative to the request. required for all vessel crew prior to the population size (less than one percent), Proposed Authorization start of survey activities. as take that is less than one third of the Reporting—PSOs must record specific species or stock abundance is As a result of these preliminary information on the sighting forms as considered by NMFS to be small determinations, NMFS proposes to described in the Federal Register numbers. In conclusion, there is no new modify the IHA to Dominion for notices of the issuance of the initial IHA information suggesting that our effects conducting marine site characterization (85 FR 55415; September 8, 2020) and analysis or negligible impact finding for surveys in the areas of the Commercial the recently modified IHA (85 FR 81879; common dolphins should change. Lease of Submerged Lands for December 12, 2020). Within 90 days Based on the information contained Renewable Energy Development on the after completion of survey activities, here and in the referenced documents, Outer Continental Shelf Offshore Dominion must provide NMFS with a NMFS has preliminarily reaffirmed the Virginia (Lease No. OCS–A–0483) as monitoring report which includes following: (1) The required mitigation well as in coastal waters where an summaries of recorded takes and measures will effect the least practicable export cable corridor will be established estimates of the number of marine impact on marine mammal species or in support of the CVOW Commercial mammals that may have been harassed. stocks and their habitat; (2) the Project effective until August 27, 2021. In the event of a ship strike or proposed authorized takes will have a The only change is an increase in the discovery of an injured or dead marine negligible impact on the affected marine authorized take by Level B harassment mammal, Dominion must report the mammal species or stocks; (3) the of common dolphins from 68 to 668. A incident to the OPR, NMFS and to the proposed authorized takes represent draft of the proposed modified IHA can New England/Mid-Atlantic Regional small numbers of marine mammals be found at https:// Stranding Coordinator as soon as relative to the affected stock www.fisheries.noaa.gov/national/ feasible. The report must include the abundances; and (4) Dominion’s marine-mammal-protection/incidental- information listed in the Federal activities will not have an unmitigable take-authorizations-other-energy- Register notices of the issuance of the adverse impact on taking for subsistence activities-renewable. initial IHA (85 FR 55415; September 8, purposes as no relevant subsistence uses Request for Public Comments 2020) and the recently modified IHA (85 of marine mammals are implicated by FR 81879; December 12, 2020). this action, and (5) appropriate We request comment on our proposed Based on our evaluation of the monitoring and reporting requirements modification of the IHA for Dominion’s applicant’s measures in consideration of are included. marine site characterization surveys. We the increased estimated take for spotted also request comment on the potential dolphins, NMFS has re-affirmed the Endangered Species Act (ESA) for renewal of this modified IHA as determination that the required No incidental take of ESA-listed described in the paragraph below. mitigation measures provide the means species is authorized or expected to Please include with your comments any effecting the least practicable impact on result from this activity. Therefore, supporting data or literature citations to spotted dolphins and their habitat. NMFS has determined that formal help inform our final decision on the request for MMPA authorization or Preliminary Determinations consultation under section 7 of the ESA is not required for this action. subsequent Renewal IHA. Dominion’s HRG survey activities and On a case-by-case basis, NMFS may the mitigation, monitoring, and National Environmental Policy Act issue a one-time, one-year Renewal IHA reporting requirements are unchanged To comply with the National following notice to the public providing from those covered in the initial IHA. Environmental Policy Act of 1969 an additional 15 days for public The effects of the activity, taking into (NEPA; 42 U.S.C. 4321 et seq.) and comments when (1) up to another year consideration the mitigation and related NOAA Administrative Order (NAO) of identical or nearly identical, or nearly monitoring measures, remain 216–6A, NMFS must review our identical, activities as described in the unchanged from those stated in the proposed action (i.e., the modification Description of Proposed Activities and initial IHA, notwithstanding the of an IHA) with respect to potential Anticipated Impacts section of this increase to the authorized amount of impacts on the human environment. notice is planned or (2) the activities as common dolphin take. Specifically, the This action is consistent with described in the Description of Level B harassment authorized for categories of activities identified in Proposed Activities and Anticipated

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Impacts section of this notice would not SUMMARY: The Assistant Regional Authorization. All compensation fishing be completed by the time the IHA Administrator for Sustainable Fisheries, trips would otherwise be consistent expires and a Renewal would allow for Greater Atlantic Region, NMFS, has with normal compensation fishing completion of the activities beyond that made a preliminary determination that activity and catch would be retained for described in the Dates and Duration an Exempted Fishing Permit application sale. section of this notice, provided all of the contains all of the required information If approved, the applicant may following conditions are met: and warrants further consideration. The request minor modifications and • A request for renewal is received no Exempted Fishing Permit would allow extensions to the EFP throughout the later than 60 days prior to the needed commercial fishing vessels to fish year. EFP modifications and extensions Renewal IHA effective date (recognizing outside of scallop regulations in support may be granted without further notice if that the Renewal IHA expiration date of funding research under the Scallop they are deemed essential to facilitate cannot extend beyond one year from Research Set-Aside Program by completion of the proposed research expiration of the initial IHA). conducting compensation fishing. and have minimal impacts that do not • The request for renewal must Regulations under the Magnuson- change the scope or impact of the include the following: Stevens Fishery Conservation and initially approved EFP request. Any (1) An explanation that the activities Management Act require publication of fishing activity conducted outside the to be conducted under the requested this notification to provide interested scope of the exempted fishing activity Renewal IHA are identical to the parties the opportunity to comment on would be prohibited. activities analyzed under the initial applications for proposed Exempted Authority: 16 U.S.C. 1801 et seq. IHA, are a subset of the activities, or Fishing Permits. Dated: March 4, 2021. include changes so minor (e.g., DATES: Comments must be received on reduction in pile size) that the changes or before March 25, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable do not affect the previous analyses, ADDRESSES: You may submit written Fisheries, National Marine Fisheries Service. mitigation and monitoring comments by email to nmfs.gar.efp@ requirements, or take estimates (with noaa.gov. Include in the subject line [FR Doc. 2021–04908 Filed 3–9–21; 8:45 am] the exception of reducing the type or ‘‘ME DMR Compensation Fishing EFP.’’ BILLING CODE 3510–22–P amount of take); and FOR FURTHER INFORMATION CONTACT: (2) A preliminary monitoring report Shannah Jaburek, Fisheries Management DEPARTMENT OF COMMERCE showing the results of the required Specialist, 978–282–8456. monitoring to date and an explanation SUPPLEMENTARY INFORMATION: Maine National Oceanic and Atmospheric showing that the monitoring results do Department of Marine Resources (ME Administration not indicate impacts of a scale or nature DMR) submitted a complete application [RTID 0648–XA919] not previously analyzed or authorized. for an Exempted Fishing Permit (EFP) Upon review of the request for on December 23, 2020, requesting an Marine Mammals and Endangered Renewal, the status of the affected exemption for vessels with Federal Species species or stocks, and any other Northern Gulf of Maine (NGOM) pertinent information, NMFS permits fishing under their 2020 Scallop AGENCY: National Marine Fisheries determines that there are no more than Research Set-Aside (RSA) Letters of Service (NMFS), National Oceanic and minor changes in the activities, the Authorization to fish their allocation Atmospheric Administration (NOAA), mitigation and monitoring measures outside of the NGOM management area. Commerce. will remain the same and appropriate, Under the Scallop RSA program, ACTION: Notice; issuance of permits and and the findings in the initial IHA projects are awarded a set amount of permit amendments. remain valid. pounds of scallops for vessels to harvest SUMMARY: Notice is hereby given that Dated: March 4, 2021. that pays for the research component of permits and permit amendments have Donna S. Wieting, the project. Compensation fishing under the Scallop RSA Program is not been issued to the following entities Director, Office of Protected Resources, under the Marine Mammal Protection National Marine Fisheries Service. restricted to the NGOM management area; however, vessels with a NGOM Act (MMPA) and the Endangered [FR Doc. 2021–04905 Filed 3–9–21; 8:45 am] Species Act (ESA), as applicable. BILLING CODE 3510–22–P scallop permit are restricted to only fishing for and possessing scallops ADDRESSES: The permits and related within this area. documents are available for review DEPARTMENT OF COMMERCE ME DMR needs this exemption in upon written request via email to order to provide vessels the most [email protected]. National Oceanic and Atmospheric flexibility to harvest all of the pounds it FOR FURTHER INFORMATION CONTACT: Administration was allocated under the Scallop RSA Shasta McClenahan, Ph.D. (Permit Nos. Program. Allowing the exemption 19257–01 and 20341–01), Carrie Hubard [RTID 0648–XA857] would not create additional fishing (Permit No. 23078), Jennifer Skidmore pressure in other areas because it is (Permit No. 23447), Sara Young (Permit Magnuson-Stevens Act Provisions; already assumed that vessels Nos. 23554 and 23858), Malcolm General Provisions for Domestic participating in compensation fishing Mohead (Permit Nos. 24016 and 24020), Fisheries; Application for Exempted have access to any areas that are and Jordan Rutland (Permit No. 25417) Fishing Permits allowed under Framework Adjustment at (301) 427–8401. AGENCY: National Marine Fisheries 32 to the Atlantic Sea Scallop Fishery SUPPLEMENTARY INFORMATION: Notices Service (NMFS), National Oceanic and Management Plan. This EFP would be were published in the Federal Register Atmospheric Administration (NOAA), valid through the 2020 Scallop RSA on the dates listed below that requests Commerce. compensation fishing season and must for a permit or permit amendment had be used in conjunction with a valid been submitted by the below-named ACTION: Notice; request for comments. compensation fishing Letter of applicants. To locate the Federal

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Register notice that announced our complete description of the activities, go on the permit number provided in Table receipt of the application and a to www.federalregister.gov and search 1 below.

TABLE 1—ISSUED PERMITS AND PERMIT AMENDMENTS

Previous Federal Register Permit No. RTID Applicant notice Issuance date

19257–01 ..... 0648–XE061 Ann M. Zoidis, Cetos Research Organization, 11 Des Isle 80 FR 59736; October 2, January 29, 2021. Avenue, Bar Harbor, ME 04609. 2015. 20341–01 ..... 0648–XE773 Craig Matkin, North Gulf Oceanic Society, 3430 Main 82 FR 11180; February 21, February 11, 2021. Street, Suite B1, Homer, AK 99603. 2017. 23078 ...... 0648–XA106 Marilyn Mazzoil, Dolphin Census Inc., 9611 U.S. Highway 85 FR 20251; April 10, 2020 February 8, 2021. 1, #382, Sebastian, FL 32958. 23447 ...... 0648–XA489 Alliance of Marine Mammal Parks and Aquariums, 218 N 85 FR 58340; September February 16, 2021. Lee Street, Suite 200, Alexandria, VA, 22314 (Respon- 18, 2020. sible Party: Kathleen Dezio). 23554 ...... 0648–XA606 Colleen Reichmuth, Ph.D., Long Marine Laboratory, Insti- 85 FR 71633; November 10, February 16, 2021. tute of Marine Sciences Address at the University of 2020. California at Santa Cruz, 115 McAllister Way, Santa Cruz, CA 95060. 23858 ...... 0648–XA468 NMFS’ Marine Mammal Laboratory, 7600 Sand Point 85 FR 56220; September February 25, 2021. Way NE, Seattle, WA 98115 (Responsible Party: John 11, 2020. Bengtson, Ph.D.). 24016 ...... 0648–XA558 Jason Kahn, NMFS, 1315 East-West Highway, Silver 85 FR 65030; October 14, January 28, 2021. Spring, MD 20910. 2020. 24020 ...... 0648–XA558 Michael Stangl, Delaware Department of Natural Re- 85 FR 65030; October 14, January 28, 2021. sources and Environmental Control, 3002 Bayside 2020. Drive, Dover, DE 19901. 25417 ...... 0648–XA786 Silverback Films, 1 St. Augustine’s Yard, Gaunts Lane, 86 FR 1481; January 8, February 24, 2021. Bristol BS1 5DE, United Kingdom (Responsible Party: 2021. Edward Charles).

In compliance with the National DEPARTMENT OF EDUCATION requesting documents or submitting Environmental Policy Act of 1969 (42 comments. Please note that comments [Docket No. ED–2021–SCC–0034] U.S.C. 4321 et seq.), a final submitted by fax or email and those determination has been made that the Agency Information Collection submitted after the comment period will activities proposed are categorically Activities; Comment Request; not be accepted. Written requests for excluded from the requirement to Assurance of Compliance—Civil information or comments submitted by prepare an environmental assessment or Rights Certificate postal mail or delivery should be environmental impact statement. addressed to the PRA Coordinator of the AGENCY: Office for Civil Rights (OCR), Strategic Collections and Clearance As required by the ESA, as applicable, Department of Education (ED). Governance and Strategy Division, U.S. issuance of these permit was based on ACTION: Notice. Department of Education, 400 Maryland a finding that such permits: (1) Were Ave. SW, LBJ, Room 6W208, applied for in good faith; (2) will not SUMMARY: In accordance with the Washington, DC 20202–8240. operate to the disadvantage of such Paperwork Reduction Act of 1995, ED is FOR FURTHER INFORMATION CONTACT: For endangered species; and (3) are proposing an extension without change specific questions related to collection consistent with the purposes and of a currently approved collection. activities, please contact Elizabeth policies set forth in Section 2 of the DATES: Interested persons are invited to Wiegman, (202) 453–6039. ESA. submit comments on or before May 10, SUPPLEMENTARY INFORMATION: The 2021. Authority: The requested permits have Department of Education (ED), in been issued under the MMPA of 1972, as ADDRESSES: To access and review all the accordance with the Paperwork amended (16 U.S.C. 1361 et seq.), the documents related to the information Reduction Act of 1995 (PRA) (44 U.S.C. regulations governing the taking and collection listed in this notice, please 3506(c)(2)(A)), provides the general importing of marine mammals (50 CFR part use http://www.regulations.gov by public and Federal agencies with an 216), the ESA of 1973, as amended (16 U.S.C. searching the Docket ID number ED– opportunity to comment on proposed, 1531 et seq.), and the regulations governing 2021–SCC–0034. Comments submitted revised, and continuing collections of the taking, importing, and exporting of in response to this notice should be information. This helps the Department endangered and threatened species (50 CFR submitted electronically through the assess the impact of its information parts 222–226), as applicable. Federal eRulemaking Portal at http:// collection requirements and minimize www.regulations.gov by selecting the the public’s reporting burden. It also Dated: March 5, 2021. Docket ID number or via postal mail, helps the public understand the Amy Sloan, commercial delivery, or hand delivery. Department’s information collection Acting Chief, Permits and Conservation If the regulations.gov site is not requirements and provide the requested Division, Office of Protected Resources, available to the public for any reason, data in the desired format. ED is National Marine Fisheries Service. ED will temporarily accept comments at soliciting comments on the proposed [FR Doc. 2021–05003 Filed 3–9–21; 8:45 am] [email protected]. Please include the information collection request (ICR) that BILLING CODE 3510–22–P docket ID number and the title of the is described below. The Department of information collection request when Education is especially interested in

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public comment addressing the DEPARTMENT OF EDUCATION respondents, including through the use following issues: (1) Is this collection of information technology. Please note [Docket No.: ED–2020–SCC–0193] necessary to the proper functions of the that written comments received in Department; (2) will this information be Agency Information Collection response to this notice will be processed and used in a timely manner; Activities; Submission to the Office of considered public records. (3) is the estimate of burden accurate; Management and Budget for Review Title of Collection: Teacher (4) how might the Department enhance and Approval; Comment Request; Cancellation Low Income Directory. the quality, utility, and clarity of the Teacher Cancellation Low Income OMB Control Number: 1845–0077. Type of Review: An extension without information to be collected; and (5) how Directory change of a currently approved might the Department minimize the AGENCY: Federal Student Aid (FSA), collection. burden of this collection on the Department of Education (ED). Respondents/Affected Public: State, respondents, including through the use ACTION: Notice. Local, and Tribal Governments. of information technology. Please note Total Estimated Number of Annual that written comments received in SUMMARY: In accordance with the Responses: 57. response to this notice will be Paperwork Reduction Act of 1995, ED is Total Estimated Number of Annual considered public records. proposing an extension without change Burden Hours: 6,840. Title of Collection: Assurance of of a currently approved collection. Abstract: The Higher Education Act of Compliance—Civil Rights Certificate. DATES: Interested persons are invited to 1965, as amended, (HEA) allows for up submit comments on or before April 9, to a one hundred percent cancellation of OMB Control Number: 1870–0503. 2021. a Federal Perkins Loan and loan Type of Review: Extension without ADDRESSES: Written comments and forgiveness of a Federal Family change of a currently approved recommendations for proposed Education Loan and Direct Loan collection. information collection requests should program loan if the graduate teaches Respondents/Affected Public: State, be sent within 30 days of publication of full-time in an elementary or secondary Local, and Tribal Governments; Private this notice to www.reginfo.gov/public/ school serving low-income students. The data collected for the Sector. do/PRAMain. Find this information collection request by selecting development of the Teacher Total Estimated Number of Annual ‘‘Department of Education’’ under Cancellation Low Income Directory Responses: 25. ‘‘Currently Under Review,’’ then check provides web-based access to a list of all Total Estimated Number of Annual ‘‘Only Show ICR for Public Comment’’ elementary and secondary schools, and Burden Hours: 8. checkbox. Comments may also be sent educational service agencies that serve a total enrollment of more than 30 percent Abstract: The Office for Civil Rights to [email protected]. low income students (as defined under FOR FURTHER INFORMATION CONTACT: For (OCR) has enforcement responsibilities Title I, Part A of the Elementary and specific questions related to collection under several civil rights laws, Secondary Education Act of 1965, as activities, please contact Beth including Title VI of the Civil Rights Act amended). The Directory allows post- Grebeldinger, 202–377–4018. of 1964, Title IX of the Education secondary institutions to determine Amendments of 1972, Section 504 of the SUPPLEMENTARY INFORMATION: The whether or not a teacher, who received Rehabilitation Act of 1973, the Age Department of Education (ED), in a Federal Perkins Loan, Direct Loan, or Discrimination Act of 1975, and the Boy accordance with the Paperwork Federal Family Education Loan at their Scouts of America Equal Access Act. To Reduction Act of 1995 (PRA) (44 U.S.C. school, is eligible to receive loan meet these responsibilities, OCR collects 3506(c)(2)(A)), provides the general cancellation or forgiveness or that a assurances of compliance from public and Federal agencies with an teacher who received a TEACH Grant is applicants for Federal financial opportunity to comment on proposed, meeting the service obligation. assistance from, and applicants for revised, and continuing collections of information. This helps the Department Dated: March 5, 2021. funds made available through, the assess the impact of its information Kate Mullan, Department of Education, as required by collection requirements and minimize PRA Coordinator, Strategic Collections and regulations. These entities include, for the public’s reporting burden. It also Clearance Governance and Strategy Division, example, State educational agencies, helps the public understand the Office of Chief Data Officer, Office of local education agencies, and Department’s information collection Planning, Evaluation and Policy Development. postsecondary educational institutions. requirements and provide the requested If a recipient violates one or more of data in the desired format. ED is [FR Doc. 2021–04989 Filed 3–9–21; 8:45 am] these civil rights laws, OCR and the soliciting comments on the proposed BILLING CODE 4000–01–P Department of Justice can use the signed information collection request (ICR) that assurances of compliance in an is described below. The Department of enforcement proceeding. Education is especially interested in DEPARTMENT OF ENERGY public comment addressing the Dated: March 4, 2021. International Energy Agency Meetings Juliana Pearson, following issues: (1) Is this collection necessary to the proper functions of the AGENCY: Department of Energy. PRA Coordinator, Strategic Collections and Department; (2) will this information be Clearance, Governance and Strategy Division, ACTION: Notice of meetings. processed and used in a timely manner; Office of Chief Data Officer, Office of SUMMARY: Planning, Evaluation and Policy (3) is the estimate of burden accurate; The Industry Advisory Board Development. (4) how might the Department enhance (IAB) to the International Energy the quality, utility, and clarity of the Agency (IEA) will meet on March 17– [FR Doc. 2021–04921 Filed 3–9–21; 8:45 am] information to be collected; and (5) how 18, 2021, through a webinar, in BILLING CODE 4000–01–P might the Department minimize the connection with a joint meeting of the burden of this collection on the IEA’s Standing Group on Emergency

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Questions (SEQ) and the IEA’s Standing —22–24 June 2021 purposes only, and in compliance with Group on the Oil Market (SOM) which —16–18 November 2021 requirements of the Office of the Federal is scheduled at the same time. A meeting of the Industry Advisory Register, the undersigned DOE Federal DATES: March 17–18, 2021. Board (IAB) to the International Energy Register Liaison Officer has been ADDRESSES: The location details of the Agency (IEA) will be held as a webinar, authorized to sign and submit the SEQ and SOM webinar meeting are commencing at 12 noon, Central document in electronic format for under the control of the IEA Secretariat, European Time (CET), on March 18, publication, as an official document of located at 9 rue de la Fe´de´ration, 75015 2021. The purpose of this notice is to the Department of Energy. This Paris, France. permit attendance by representatives of administrative process in no way alters the legal effect of this document upon FOR FURTHER INFORMATION CONTACT: Mr. U.S. company members of the IAB at a publication in the Federal Register. Thomas Reilly, Assistant General joint meeting of the IEA’s Standing Counsel for International and National Group on Emergency Questions (SEQ) Signed in Washington, DC, March 5, 2021. Security Programs, Department of and the IEA’s Standing Group on the Oil Treena V. Garrett, Energy, 1000 Independence Avenue Market (SOM), which is scheduled to be Federal Register Liaison Officer, U.S. SW, Washington, DC 20585, (202) 586– held via webinar at the same time. The Department of Energy. 5000. location details of the SEQ and SOM [FR Doc. 2021–04980 Filed 3–9–21; 8:45 am] webinar meeting are under the control SUPPLEMENTARY INFORMATION: In BILLING CODE 6450–01–P of the IEA Secretariat, located at 9 rue accordance with section 252(c)(1)(A)(i) de la Fe´de´ration, 75015 Paris, France. of the Energy Policy and Conservation The agenda of the meeting is under the Act (42 U.S.C. 6272(c)(1)(A)(i)) (EPCA), DEPARTMENT OF ENERGY control of the SEQ and the SOM. It is the following notice of meetings is expected that the SEQ and the SOM will Federal Energy Regulatory provided: adopt the following agenda: Commission A meeting of the Industry Advisory Introduction Board (IAB) to the International Energy [Docket No. ER21–1259–000] Agency (IEA) will be held as a webinar, 1. Adoption of the Agenda commencing at 12 noon, Central 2. Approval of Summary Record of Coso Battery Storage, LLC; European Time (CET), on March 17, meeting of 18 November 2020 Supplemental Notice That Initial 2021. The purpose of this notice is to 3. Update on the Current Oil Market Market-Based Rate Filing Includes permit attendance by representatives of Situation followed by Q&A Request for Blanket Section 204 U.S. company members of the IAB at a 4. Reports on Recent Oil Market and Authorization meeting of the IEA’s Standing Group on Policy Developments in IEA Emergency Questions (SEQ), which is Countries This is a supplemental notice in the scheduled to be held via webinar at the 5. Presentation: ‘‘OIL 2021—Forecast above-referenced proceeding of Coso same time. The IAB will also hold a and analysis to 2026’’ followed by Battery Storage, LLC ’s application for preparatory meeting via webinar among Q&A market-based rate authority, with an 6. Energy Security and Energy company representatives at 15:00 CET accompanying rate tariff, noting that Transitions on March 15, 2021. The agenda for this such application includes a request for 7. Any other business: preparatory webinar meeting is to blanket authorization, under 18 CFR Date of next SEQ/SOM meetings: 22– review the agenda for the SEQ meeting. part 34, of future issuances of securities 24 June 2021 The location details of the SEQ and assumptions of liability. Close of meeting webinar meeting are under the control Any person desiring to intervene or to of the IEA Secretariat, located at 9 rue As provided in section 252(c)(1)(A)(ii) protest should file with the Federal de la Fe´de´ration, 75015 Paris, France. of the Energy Policy and Conservation Energy Regulatory Commission, 888 The agenda of the SEQ meeting is under Act (42 U.S.C. 6272(c)(1)(A)(ii)), the First Street NE, Washington, DC 20426, the control of the SEQ. It is expected meetings of the IAB are open to in accordance with Rules 211 and 214 that the SEQ will adopt the following representatives of members of the IAB of the Commission’s Rules of Practice agenda: and their counsel; representatives of and Procedure (18 CFR 385.211 and members of the IEA’s Standing Group 385.214). Anyone filing a motion to Closed SEQ Session—IEA Member on Emergency Questions and the IEA’s intervene or protest must serve a copy Countries Only Standing Group on the Oil Markets; of that document on the Applicant. 1. Adoption of the Agenda representatives of the Departments of Notice is hereby given that the 2. Approval of the Summary Record of Energy, Justice, and State, the Federal deadline for filing protests with regard the 162nd Meeting (webinar) Trade Commission, the General to the applicant’s request for blanket 3. Status of Compliance with IEP Accounting Office, Committees of authorization, under 18 CFR part 34, of Agreement Stockholding Congress, the IEA, and the European future issuances of securities and Obligations, and Outlook 2021 Commission; and invitees of the IAB, assumptions of liability, is March 24, 4. Emergency Response Review of the SEQ, the SOM, or the IEA. 2021. The Commission encourages Lithuania Signing Authority 5. Industry Advisory Board Update electronic submission of protests and 6. Emergency Response Review of This document of the Department of interventions in lieu of paper, using the Portugal Energy was signed on March 3, 2021, by FERC Online links at http:// 7. Oral Reports by Administrations Thomas Reilly, Assistant General www.ferc.gov. To facilitate electronic 8. Emergency Response Review of Spain Counsel for International and National service, persons with internet access 9. Any Other Business Security Programs, pursuant to who will eFile a document and/or be Schedule of ERRs for 2021 and 2022 delegated authority from the Secretary listed as a contact for an intervenor Questionnaire for 2021/2022 cycle of Energy. That document with the must create and validate an Schedule of SEQ & SOM Meetings for original signature and date is eRegistration account using the 2021: maintained by DOE. For administrative eRegistration link. Select the eFiling

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link to log on and submit the contacts as listed on the Commission’s DEPARTMENT OF ENERGY intervention or protests. list of Corporate Officials. Federal Energy Regulatory Persons unable to file electronically Any person desiring to intervene or to Commission may mail similar pleadings to the protest this filing must file in Federal Energy Regulatory Commission, accordance with Rules 211 and 214 of [Project No. 2153–066] 888 First Street NE, Washington, DC the Commission’s Rules of Practice and 20426. Hand delivered submissions in United Water Conservation District; Procedure (18 CFR 385.211, 385.214). docketed proceedings should be Notice of Waiver Period for Water Protests will be considered by the delivered to Health and Human Quality Certification Application Commission in determining the Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. appropriate action to be taken, but will March 4, 2021. In addition to publishing the full text not serve to make protestants parties to On March 3, 2021, United Water Conservation District submitted to the of this document in the Federal the proceeding. Any person wishing to Federal Energy Regulatory Commission Register, the Commission provides all become a party must file a notice of (Commission) a copy of their interested persons an opportunity to intervention or motion to intervene, as application for a Clean Water Act view and/or print the contents of this appropriate. All interventions, or section 401(a)(1) water quality document via the internet through the protests must be filed on or before the certification filed with the California Commission’s Home Page (http:// comment date. State Water Resources Control Board www.ferc.gov) using the ‘‘eLibrary’’ link. The Commission strongly encourages (California Water Board), in conjunction Enter the docket number excluding the electronic filings of comments, protests with the above captioned project. last three digits in the docket number and interventions in lieu of paper using Pursuant to 40 CFR 121.6, we hereby field to access the document. At this the ‘‘eFiling’’ link at http:// notify the California Water Board of the time, the Commission has suspended www.ferc.gov. Persons unable to file following: access to the Commission’s Public electronically may mail similar Date of Receipt of the Certification Reference Room, due to the pleadings to the Federal Energy Request: March 3, 2021. proclamation declaring a National Regulatory Commission, 888 First Street Reasonable Period of Time to Act on Emergency concerning the Novel NE, Washington, DC 20426. Hand the Certification Request: One year. Coronavirus Disease (COVID–19), issued delivered submissions in docketed Date Waiver Occurs for Failure to Act: by the President on March 13, 2020. For proceedings should be delivered to March 3, 2022. assistance, contact the Federal Energy If the California Water Board fails or Regulatory Commission at Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland refuses to act on the water quality [email protected] or call certification request by the above waiver 20852. toll-free, (886) 208–3676 or TYY, (202) date, then the agency’s certifying 502–8659. In addition to publishing the full text authority is deemed waived pursuant to Dated: March 4, 2021. of this document in the Federal section 401(a)(1) of the Clean Water Act, Nathaniel J. Davis, Sr., Register, the Commission provides all 33 U.S.C. 1341(a)(1). Deputy Secretary. interested persons an opportunity to view and/or print the contents of this Kimberly D. Bose, [FR Doc. 2021–04965 Filed 3–9–21; 8:45 am] document via the internet through the Secretary. BILLING CODE 6717–01–P Commission’s Home Page (http:// [FR Doc. 2021–04991 Filed 3–9–21; 8:45 am] www.ferc.gov) using the ‘‘eLibrary’’ link. BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Enter the docket number excluding the last three digits in the docket number DEPARTMENT OF ENERGY Federal Energy Regulatory field to access the document. At this Commission time, the Commission has suspended Federal Energy Regulatory access to the Commission’s Public Commission [Docket No. EL21–54–000] Reference Room, due to the [Docket No. RM98–1–000] proclamation declaring a National Complaint of Michael Mabee Related to Emergency concerning the Novel Records Governing Off-the-Record Reliability Standards; Notice of Coronavirus Disease (COVID–19), issued Communications; Public Notice Complaint by the President on March 13, 2020. For assistance, contact the Federal Energy This constitutes notice, in accordance Take notice that on March 1, 2021, with 18 CFR 385.2201(b), of the receipt Regulatory Commission at pursuant to section 215(d) of the Federal of prohibited and exempt off-the-record [email protected] or call Power Act, 16 U.S.C. 824o(d) and Rule communications. 206 of the Federal Energy Regulatory toll-free, (886) 208–3676 or TYY, (202) Order No. 607 (64 FR 51222, Commission’s (Commission) Rules of 502–8659. September 22, 1999) requires Practice and Procedure, 18 CFR 385.206 Comment Date: 5:00 Eastern Time on Commission decisional employees, who (2020), Michael Mabee, (Complainant) April 5, 2021. make or receive a prohibited or exempt filed a formal complaint alleging that Dated: March 4, 2021. off-the-record communication relevant the Texas grid events of February 15, to the merits of a contested proceeding, 2021 resulted from either a failure to Kimberly D. Bose, to deliver to the Secretary of the comply with mandatory Reliability Secretary. Commission, a copy of the Standards or that mandatory Reliability [FR Doc. 2021–04990 Filed 3–9–21; 8:45 am] communication, if written, or a Standards were ineffective, as more BILLING CODE 6717–01–P summary of the substance of any oral fully explained in the complaint. communication. Complainant certifies that copies of Prohibited communications are the complaint were served on the included in a public, non-decisional file

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associated with, but not a part of, the only when it determines that fairness so received by the Secretary of the decisional record of the proceeding. requires. Any person identified below as Commission. The communications Unless the Commission determines that having made a prohibited off-the-record listed are grouped by docket numbers in the prohibited communication and any communication shall serve the ascending order. These filings are responses thereto should become a part document on all parties listed on the available for electronic review at the of the decisional record, the prohibited official service list for the applicable Commission in the Public Reference off-the-record communication will not proceeding in accordance with Rule Room or may be viewed on the be considered by the Commission in 2010, 18 CFR 385.2010. Commission’s website at http:// reaching its decision. Parties to a Exempt off-the-record www.ferc.gov using the eLibrary link. proceeding may seek the opportunity to communications are included in the Enter the docket number, excluding the respond to any facts or contentions decisional record of the proceeding, last three digits, in the docket number made in a prohibited off-the-record unless the communication was with a field to access the document. For communication and may request that cooperating agency as described by 40 assistance, please contact FERC Online the Commission place the prohibited CFR 1501.6, made under 18 CFR communication and responses thereto 385.2201(e)(1)(v). Support at FERCOnlineSupport@ in the decisional record. The The following is a list of off-the- ferc.gov or toll free at (866) 208–3676, or Commission will grant such a request record communications recently for TTY, contact (202)502–8659.

Docket Nos. File date Presenter or requester

Prohibited: 1. CP17–458–000 ...... 2–18–2021 Byron Hardesty. 2. CP20–466–000 ...... 3–2–2021 Robert E. Rutkowski. Exempt: 1. CP17–458–000 ...... 1–21–2021 U.S. Representative Frank D. Lucas 2. P–14803–000 ...... 1–28–2021 U.S. Senate.1 3. CP16–10–000 ...... 2–12–2021 U.S. Senator Tim Kaine. 4. CP17–458–000 ...... 2–17–2021 U.S. Representative Tom Cole. 5. CP17–458–000 ...... 2–17–2021 U.S. Representative Tom Cole. 6. CP17–458–000 ...... 2–17–2021 U.S. Representative Frank D. Lucas. 7. CP17–494–000 ...... 2–19–2021 State of Oregon, Governor Kate Brown. CP17–495–000 1 U.S. Senators Ron Wyden, Jeffrey A. Merkley, Dianne Feinstein, and U.S. Representative Jared Huffman.

Dated: March 4, 2021. Description: § 205(d) Rate Filing: 2021 Accession Number: 20210304–5033. Nathaniel J. Davis, Sr., Annual Reconciliation Filing to be Comments Due: 5 p.m. ET 3/25/21. Deputy Secretary. effective 7/1/2020. Docket Numbers: ER21–1270–000. [FR Doc. 2021–04961 Filed 3–9–21; 8:45 am] Filed Date: 3/3/21. Applicants: Alabama Power BILLING CODE 6717–01–P Accession Number: 20210303–5161. Company. Comments Due: 5 p.m. ET 3/24/21. Description: Initial rate filing: Raybun Docket Numbers: ER21–1265–000. Gap Enhanced Reliability Upgrade DEPARTMENT OF ENERGY Applicants: PJM Interconnection, Construction Agreement Filing to be L.L.C. effective 2/23/2021. Federal Energy Regulatory Description: § 205(d) Rate Filing: Filed Date: 3/4/21. Commission Original Service Agreement No. 5981; Accession Number: 20210304–5093. Queue No. AG1–386 to be effective 2/9/ Comments Due: 5 p.m. ET 3/25/21. Combined Notice of Filings #1 2021. Docket Numbers: ER21–1271–000. Take notice that the Commission Filed Date: 3/3/21. Applicants: Georgia Power Company. received the following electric corporate Accession Number: 20210303–5168. Description: Initial rate filing: Raybun filings: Comments Due: 5 p.m. ET 3/24/21. Gap Enhanced Reliability Upgrade Docket Numbers: ER21–1266–000. Construction Agreement Filing to be Docket Numbers: EC21–63–000. Applicants: California Independent effective 2/23/2021. Applicants: Effingham County Power, System Operator Corporation. Filed Date: 3/4/21. LLC. Description: § 205(d) Rate Filing: Accession Number: 20210304–5094. Description: Application for 2021–03–03 Variable Operations and Comments Due: 5 p.m. ET 3/25/21. Authorization Under Section 203 of the Maintenance Tariff Revisions to be Docket Numbers: ER21–1272–000. Federal Power Act of Effingham County effective 5/17/2021. Applicants: Mississippi Power Power, LLC. Filed Date: 3/3/21. Company. Filed Date: 3/3/21. Accession Number: 20210303–5187. Description: Initial rate filing: Raybun Accession Number: 20210303–5205. Comments Due: 5 p.m. ET 3/24/21. Gap Enhanced Reliability Upgrade Comments Due: 5 p.m. ET 3/24/21. Docket Numbers: ER21–1269–000. Construction Agreement Filing to be Applicants: PJM Interconnection, effective 2/23/2021. Take notice that the Commission L.L.C. Filed Date: 3/4/21. received the following electric rate Description: § 205(d) Rate Filing: Accession Number: 20210304–5095. filings: Amendment to ISA, SA No. 3836; Comments Due: 5 p.m. ET 3/25/21. Docket Numbers: ER21–1264–000. Queue No. Z1–050 (amend) to be Docket Numbers: ER21–1273–000. Applicants: Duke Energy Indiana, effective 4/30/2014. Applicants: Oleander Power Project, LLC. Filed Date: 3/4/21. Limited Partnership.

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Description: Baseline eTariff Filing: For technical information contact: make one of the following specific Oleander Power Project, Limited Rebecca Edelstein, New Chemicals findings: Partnership PPA with Seminole to be Division (7405M), Office of Pollution • The chemical substance or effective 1/1/2022. Prevention and Toxics, Environmental significant new use presents an Filed Date: 3/4/21. Protection Agency, 1200 Pennsylvania unreasonable risk of injury to health or Accession Number: 20210304–5109. Ave. NW, Washington, DC 20460–0001; the environment; Comments Due: 5 p.m. ET 3/25/21. telephone number: 202–564–1667; • The information available to EPA is The filings are accessible in the email address: Edelstein.Rebecca@ insufficient to permit a reasoned Commission’s eLibrary system (https:// epa.gov. evaluation of the health and elibrary.ferc.gov/idmws/search/ For general information contact: The environmental effects of the chemical fercgensearch.asp) by querying the substance or significant new use; TSCA-Hotline, ABVI-Goodwill, 422 • docket number. South Clinton Ave., Rochester, NY The information available to EPA is insufficient to permit a reasoned Any person desiring to intervene or 14620; telephone number: (202) 554– evaluation of the health and protest in any of the above proceedings 1404; email address: TSCA-Hotline@ environmental effects and the chemical must file in accordance with Rules 211 epa.gov. and 214 of the Commission’s substance or significant new use may Regulations (18 CFR 385.211 and SUPPLEMENTARY INFORMATION: present an unreasonable risk of injury to 385.214) on or before 5:00 p.m. Eastern health or the environment; I. General Information • time on the specified comment date. The chemical substance is or will Protests may be considered, but A. Does this action apply to me? be produced in substantial quantities, and such substance either enters or may intervention is necessary to become a This action is directed to the public party to the proceeding. reasonably be anticipated to enter the in general. As such, the Agency has not environment in substantial quantities or eFiling is encouraged. More detailed attempted to describe the specific information relating to filing there is or may be significant or entities that this action may apply to. substantial human exposure to the requirements, interventions, protests, Although others may be affected, this service, and qualifying facilities filings substance; or action applies directly to the submitters • The chemical substance or can be found at: http://www.ferc.gov/ of the PMNs addressed in this action. docs-filing/efiling/filing-req.pdf. For significant new use is not likely to other information, call (866) 208–3676 B. How can I get copies of this document present an unreasonable risk of injury to (toll free). For TTY, call (202) 502–8659. and other related information? health or the environment. Unreasonable risk findings must be Dated: March 4, 2021. The docket for this action, identified made without consideration of costs or Nathaniel J. Davis, Sr., by docket identification (ID) number other non-risk factors, including an Deputy Secretary. EPA–HQ–OPPT–2020–0091, is available unreasonable risk to a potentially [FR Doc. 2021–04969 Filed 3–9–21; 8:45 am] at http://www.regulations.gov or at the exposed or susceptible subpopulation BILLING CODE 6717–01–P Office of Pollution Prevention and identified as relevant under the Toxics Docket (OPPT Docket), conditions of use. The term ‘‘conditions Environmental Protection Agency of use’’ is defined in TSCA section 3 to ENVIRONMENTAL PROTECTION Docket Center (EPA/DC), West William mean ‘‘the circumstances, as determined AGENCY Jefferson Clinton Bldg., Rm. 3334, 1301 by the Administrator, under which a Constitution Ave. NW, Washington, DC. chemical substance is intended, known, [EPA–HQ–OPPT–2020–0091; FRL–10008– The Public Reading Room is open from 80] or reasonably foreseen to be 8:30 a.m. to 4:30 p.m., Monday through manufactured, processed, distributed in Certain New Chemicals or Significant Friday, excluding legal holidays. The commerce, used, or disposed of.’’ New Uses; Statements of Findings for telephone number for the Public EPA is required under TSCA section January Through December 2020 Reading Room is (202) 566–1744, and 5(g) to publish in the Federal Register the telephone number for the OPPT a statement of its findings after its AGENCY: Environmental Protection Docket is (202) 566–0280. Please review review of a TSCA section 5(a) notice Agency (EPA). the visitor instructions and additional when EPA makes a finding that a new ACTION: Notice. information about the docket available chemical substance or significant new at http://www.epa.gov/dockets. use is not likely to present an SUMMARY: The Toxic Substances Control II. What action is the Agency taking? unreasonable risk of injury to health or Act (TSCA) requires EPA to publish in the environment. Such statements apply the Federal Register a statement of its This document lists the statements of to PMNs, MCANs, and SNUNs findings after its review of TSCA notices findings made by EPA after review of submitted to EPA under TSCA section when EPA makes a finding that a new notices submitted under TSCA section 5. chemical substance or significant new 5(a) that certain new chemical Anyone who plans to manufacture use is not likely to present an substances or significant new uses are (which includes import) a new chemical unreasonable risk of injury to health or not likely to present an unreasonable substance for a non-exempt commercial the environment. Such statements apply risk of injury to health or the purpose and any manufacturer or to premanufacture notices (PMNs), environment. This document presents processor wishing to engage in a use of microbial commercial activity notices statements of findings made by EPA a chemical substance designated by EPA (MCANs), and significant new use during the period from January 1, 2020 as a significant new use must submit a notices (SNUNs). This document to December 31, 2020. notice to EPA at least 90 days before presents statements of findings made by commencing manufacture of the new III. What is the Agency’s authority for EPA on TSCA notices during the period chemical substance or before engaging taking this action? from January 1, 2020 to December 31, in the significant new use. The 2020. TSCA section 5(a)(3) requires EPA to submitter of a notice to EPA for which FOR FURTHER INFORMATION CONTACT: review a TSCA section 5(a) notice and EPA has made a finding of ‘‘not likely

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to present an unreasonable risk of injury such information is not claimed as • EPA case number assigned to the to health or the environment’’ may Confidential Business Information TSCA section 5(a) notice. commence manufacture of the chemical (CBI)) on the PMNs, MCANs and • Chemical identity (generic name, if substance or manufacture or processing SNUNs for which, during this period, the specific name is claimed as CBI). for the significant new use EPA has made findings under TSCA • Website link to EPA’s decision notwithstanding any remaining portion section 5(a)(3)(C) that the new chemical document describing the basis of the of the applicable review period. substances or significant new uses are ‘‘not likely to present an unreasonable not likely to present an unreasonable IV. Statements of Findings Under TSCA risk’’ finding made by EPA under TSCA risk of injury to health or the Section 5(a)(3)(C) section 5(a)(3)(C). In this unit, EPA provides the environment: following information (to the extent that

EPA case No. Chemical identity Website link

P–20–0170, P–20– Glycerin, alkoxylated alkyl acid esters (generic name) ...... https://www.epa.gov/reviewing-new- 0171, P–20–0172. chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-487. P–20–0102 ...... Coal, brown, ammoxidized (CASRN: 2413186–32–8) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-486. SN–20–0006 ...... Phenol,4,4′-[1-[4-[1-(4-hydroxyphenyl)-1-methylethyl]phenyl]ethylidene]bis- https://www.epa.gov/reviewing-new- (CASRN: 110726–28–8). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-485. P–20–0094 ...... Alkanedioic acid, polymer with tri-alkyl-isocyanatocarbomonocycle, https://www.epa.gov/reviewing-new- dialkylglycols, ester with 2,3-dihydroxypropyl alkyl ester, 2-hydroxyethyl chemicals-under-toxic-substances- methacrylate-blocked (generic name). control-act-tsca/tsca-section-5a3c-determination-484. P–20–0076 ...... Glycine, reaction products with sodium O-iso-Pr carbonodithioate, sodium salts https://www.epa.gov/reviewing-new- (CASRN: 2205080–23–3). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-483. P–19–0082 ...... Heptanal, 6-hydroxy-2,6-dimethyl- (CASRN: 62439–42–3) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-482. P–20–0161 ...... Propanedioic acid, 2-methylene-, 1,3-diethyl ester, polymer with 1,4-butanediol https://www.epa.gov/reviewing-new- (CASRN: 2364431–09–2). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-481. P–20–0154 ...... Polyamines, reaction products with succinic anhydride polyalkenyl derivs, https://www.epa.gov/reviewing-new- borates (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-480. P–20–0146 ...... Alkanoic acid, alkyl, carbopolycyclic alkyl ester (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-479. P–19–0038 ...... Fatty acids, coco, iso-Bu esters (CASRN: 91697–43–7) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-478. P–18–0175 ...... Formaldehyde, polymer with 4-(1,1-dimethylethyl) phenol and phenol, Bu ether https://www.epa.gov/reviewing-new- (CASRN: 2215936–67–5). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-477. P–20–0048, P–20– P–20–0048: Reaction products of alkyl-terminated alkylaluminoxanes and https://www.epa.gov/reviewing-new- 0049. dihalogeno(alkylcyclopentadienyl)(tetraalkylcyclopentadienyl)transition metal chemicals-under-toxic-substances- coordination compound (generic name), P–20–0049: Reaction products of control-act-tsca/tsca-section-5a3c-de- alkyl-aluminoxanes and bis(alkylcyclodialkylene)dihalogenozirconium (ge- termination-476. neric name). P–20–0160 ...... Amines, C–36-alkylenedi-, polymers with bicyclo[2.2.1]heptanedimethanamine, https://www.epa.gov/reviewing-new- [5,5′-biisobenzofuran]-1,1′,3,3′-tetrone and 3a,4,4a,7a,8,8a-hexahydro-4,8- chemicals-under-toxic-substances- etheno-1H,3H-benzo[1,2-c:4,5-c′]difuran-1,3,5,7-tetrone, maleated (CASRN: control-act-tsca/tsca-section-5a3c-de- 2415902–37–1). termination-475. P–20–0143 ...... Cyclohexanemethanamine, 5-amino-1,3,3-trimethyl-, polymer with a-hydro-w- https://www.epa.gov/reviewing-new- hydroxypoly(oxy-1,4-butanediyl), 5- isocyanato-1-(isocyanatomethyl)-1,3,3- chemicals-under-toxic-substances- trimethylcyclohexane and 1,1-methylenebis[4-isocyanatobenzene] (CASRN: control-act-tsca/tsca-section-5a3c-de- 2417925–50–7). termination-474.

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EPA case No. Chemical identity Website link

P–20–0098 ...... Calcium cycloalkylcarboxylate (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-473. P–20–0061 ...... Formaldehyde, polymer with alkylphenols, alkyl ether (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-472. P–18–0355 ...... Alkanediol, substituted alkyl, polymer with carbomonocyle, alkanedioate sub- https://www.epa.gov/reviewing-new- stituted carbomonocycle, ester with substituted alkanoate (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-471. P–20–0111 ...... 1,2,4-Benzenetricarboxylic acid, 1,2,4-trinonyl ester (CASRN: 35415–27–1) ..... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-470. P–18–0337 ...... Propanedioic acid, 2,2-bis(hydroxymethyl)-, 1,3-dicyclohexyl ester (CASRN: https://www.epa.gov/reviewing-new- 2222732–46–7). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-469. P–16–0538 ...... 9-Octadecenoic acid (9Z)-, compound with N-cyclohexylcyclohexanamine (1:1) https://www.epa.gov/reviewing-new- (CASRN: 22256–71–9). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-468. P–18–0335 ...... Propanedioic acid, 1,3-dicyclohexyl ester (CASRN: 1152–57–4) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-467. P–18–0334 ...... Propanedioic acid, 1,3-dihexyl ester (CASRN: 1431–37–4) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-466. P–18–0330 ...... Formaldehyde, polymer with alkyl aryl ketone (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-465. P–18–0289 ...... 2-(2(Methylcaboxymonocyclic)amino)ethoxy)-alcohol (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-464. P–20–0099 ...... Mixed Metal Oxide (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-463. P–20–0066 ...... 2-Propenoic acid, 2-hydroxyethyl ester, reaction products with dialkyl hydrogen https://www.epa.gov/reviewing-new- heterosubstituted phosphate and dimethyl phosphonate (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-462. P–19–0162 ...... Fatty acid alkyl amide, (dialkyl) amino alkyl, alkyl quaternized, salts (generic https://www.epa.gov/reviewing-new- name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-461. P–18–0336 ...... Propanedioic acid, 2,2-bis(hydroxymethyl)-, 1,3-dihexyl ester (CASRN: https://www.epa.gov/reviewing-new- 2222732–45–6). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-460. P–17–0115 ...... Aminoalkyl alkoxysilane (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-459. J–20–0009, J–20– Biofuel producing Saccharomyces cerevisiae modified, genetically stable (ge- https://www.epa.gov/reviewing-new- 0011. neric name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-458. J–20–0007, J–20– Biofuel producing Saccharomyces cerevisiae modified, genetically stable (ge- https://www.epa.gov/reviewing-new- 0008. neric name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-457. J–20–0012 ...... Biofuel producing Saccharomyces cerevisiae modified, genetically stable (ge- https://www.epa.gov/reviewing-new- neric name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-456.

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EPA case No. Chemical identity Website link

P–18–0308 ...... Bis((hydroxyalkoxy)aryl)carbopolycyclic (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-455. P–18–0370, P–18– Salt of a maleic anhydride and substituted alkene copolymer (generic name), https://www.epa.gov/reviewing-new- 0371. Salt of a maleic anhydride—substituted alkene copolymer (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-454. P–18–0369 ...... Maleic anhydride—substituted alkene copolymer (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-453. P–19–0147 ...... Alkoxylated butyl alkyl ester (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-452. P–18–0036 ...... Siloxanes and Silicones, di-Me, 3-[3-carboxy-2(or 3)-(octenyl)-1- https://www.epa.gov/reviewing-new- oxopropoxy]propyl group-terminated (CASRN: 403616–34–2). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-451. P–18–0382 ...... Xanthylium, bis[dicarboxycyclic]sulfonylamino-alkylcyclicamino-disulfo- https://www.epa.gov/reviewing-new- sulfocyclic-, inner salt, monocationic salt (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-450. P–18–0359 ...... Methoxy vinyl ether-vinylidene fluoride polymer (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-449. P–17–0333 ...... Fatty acid dimers, polymer with acrylic acid and pentaerythritol reaction prod- https://www.epa.gov/reviewing-new- ucts (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-448. P–20–0068 ...... 1,3-Propanediol, 2,2-dimethyl-, 1,3-diacetate (CASRN: 13431–57–7) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-447. P–20–0040 ...... 2-Propenoic acid, cycloalkyl ester (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-446. P–20–0038 ...... 1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris[3-(2-oxiranyl)propyl]- (CASRN: https://www.epa.gov/reviewing-new- 91403–64–4). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-445. P–20–0015 ...... N-alkyl heteromonocyclic diphenolamide, polymer with Bisphenol A, haloaryl- https://www.epa.gov/reviewing-new- substituted sulfone, compd. with cyclic sulfonate ester, polyaryl alcohol termi- chemicals-under-toxic-substances- nated (generic name). control-act-tsca/tsca-section-5a3c-determination-444. P–18–0400 ...... Rosin adduct ester, polymer with polyols, potassium salt (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-443. P–18–0399 ...... Rosin adduct ester, polymer with polyols, compd. with ethanolamine (generic https://www.epa.gov/reviewing-new- name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-442. P–18–0363 ...... Phenol, polymer with formaldehyde, substituted phenol, sodium salt (generic https://www.epa.gov/reviewing-new- name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-441. P–18–0320 ...... Alkane, diisocyanato-(isocyanatoalkyl)- (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-440. P–16–0313 ...... Tar acids (shale oil), C6–9 fraction, alkylphenols, low-boiling (CASRN: https://www.epa.gov/reviewing-new- 1887000–93–2). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-439. P–16–0512 ...... Fatty acid dimers, polymer with acrylic acid and pentaerythritol reaction prod- https://www.epa.gov/reviewing-new- ucts (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-438.

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EPA case No. Chemical identity Website link

P–20–0103 ...... Cycloaliphatic amine formate (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-437. P–20–0090 ...... Poly(oxy-1,2-ethanediyl), .alpha.-(alkyl-hydroxyalkyl)-.omega.-hydroxy-, https://www.epa.gov/reviewing-new- .omega.-alkyl ethers (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-436. P–20–0086 ...... 2-Oxepanone, homopolymer, ester with hydroxyalkyl trioxo heteromonocyclic https://www.epa.gov/reviewing-new- (3:1) (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-435. P–20–0035 ...... Substituted aromatic, 3,3′-bis[substituted, sodium salt] (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-434. P–20–0011 ...... Tetraoxaspiro[5.5]alkyl-3,9-diylbis(alkyl-2,1-diyl) bis(2-cyano-3-(3,4- https://www.epa.gov/reviewing-new- dimethoxyphenyl)acrylate) (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-433. SN–19–0006 ...... 2-Propen-1-one, 1-(4-morpholinyl)- (CASRN: 5117–12–4) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-432. P–18–0378 ...... Acrylic and Methacrylic acids and esters, polymer with alkenylimidazole, alkyl https://www.epa.gov/reviewing-new- polyalkylene glycol, alkenylbenzene, alkylbenzeneperoxoic acid ester initi- chemicals-under-toxic-substances- ated, compds. with Dialkylaminoalkanol (generic name). control-act-tsca/tsca-section-5a3c-determination-431. P–18–0263 ...... Mixed alkyl esters-, polymer with N1-(2-aminoethyl)- l,2-ethanediamine, https://www.epa.gov/reviewing-new- aziridine, Nacetyl derivs., acetates (salts) (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-430. P–15–0633 ...... 1(2H)-Naphthalenone,4-ethyloctahydro-8-methyl- (CASRN: 870515–09–6) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-429. P–20–0074 ...... Oxirane, 2-methyl-, polymer with oxirane, monoundecyl ether, branched and https://www.epa.gov/reviewing-new- linear (CASRN: 2222805–23–2). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-428. P–20–0069 ...... 2-Propenoic acid, 2-methyl-, polymer with 2-hydroxyethyl 2-methyl-2- https://www.epa.gov/reviewing-new- propenoate phosphate and 2-propenoic acid salt, peroxydisulfuric acid chemicals-under-toxic-substances- ([(HO)S(O)2]2O2) sodium salt (1:2)- and sodium (disulfite) (2:1)-initiated (ge- control-act-tsca/tsca-section-5a3c-de- neric name). termination-427. P–20–0057 ...... Arene, trimethoxysilyl-, hydrolyzed (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-426. P–20–0056 ...... Polyphosphoric acids, 2-[(alkyl-1-oxo-alkene-1-yl)oxy]alkyl esters, polymers https://www.epa.gov/reviewing-new- with acrylic acid, alkyl acrylate, alkyl methacrylate, hydroxyalkyl methacrylate chemicals-under-toxic-substances- and carbomonocycle, 2,2′-(1,2-diazenediyl)bis[2,4- control-act-tsca/tsca-section-5a3c-de- dialkylalkanenitrogensubstituted]-initiated (generic name). termination-425. P–19–0161 ...... Alkanol amine salt mixture (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-424. P–19–0116 ...... sr-(Wasp Spider Polypeptide-1 Oligopeptide-178) (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-423. P–19–0064 ...... 4,4′-Methylenebis[2,6-dimethyl phenol] polymer with 2-(chloromethyl)oxirane, https://www.epa.gov/reviewing-new- 1,4-benzyl diol, 2-methyl-2-propenoic acid, butyl 2-methyl 2-propenoate, chemicals-under-toxic-substances- ethyl 2-methyl 2-propenoate, and ethyl 2-propenoate, reaction products with control-act-tsca/tsca-section-5a3c-de- 2-(dimethylamino) ethanol (generic name). termination-422. P–18–0396 ...... Alkenoic acid, alkyl, polymer with carbomonocyle alkyl propenoate and sub- https://www.epa.gov/reviewing-new- stituted alkyl alkenoate, ester with substituted alkyl alkanoate, tert-butyl sub- chemicals-under-toxic-substances- stituted peroxoate-initiated (generic name). control-act-tsca/tsca-section-5a3c-determination-421. P–16–0449 ...... 2,7-Decadienal, (2E,7Z)- (CASRN: 52711–52–1) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-420.

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EPA case No. Chemical identity Website link

P–16–0326 ...... Propanoic acid, 2,2-dimethyl-, 1-methyl-2-(1-methylethoxy)-2-oxoethyl ester https://www.epa.gov/reviewing-new- (CASRN: 1821051–37–9). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-419. P–17–0324 ...... 2,4-Hexadien-1-ol, 1-acetate, (2E,4E)- (CASRN: 57006–69–6) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-418. P–20–0037 ...... Lithium Chloride (6LiCl) (CASRN: 20227–31–0) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-417. P–20–0036 ...... Carbonic acid, di(lithium-6Li) salt (CASRN: 25890–20–4) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-416. P–19–0109 ...... Copper, bis[2-(amino-.kappa.N)ethanolato-.kappa.O]- (CASRN 14215–52–2); https://www.epa.gov/reviewing-new- Copper, (2-)]- (CASRN: 21545–60–8). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-415. P–19–0088 ...... Ethanamine, N-ethyl-, 2-hydroxy-1,2,3-propanetricarboxylate (1:?) (CASRN: https://www.epa.gov/reviewing-new- 23251–73–2). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-414. P–19–0019 ...... Haloalkane (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-413. P–18–0271 ...... 2-Propanol, 1-butoxy-, 2,2′-ester (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-412. P–18–0151 ...... Formaldehyde, reaction products with 1,3-benzenedimethanamine and p-tert- https://www.epa.gov/reviewing-new- butylphenol (CASRN: 158800–93–2). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-411. P–17–0195 ...... 1,3-Propanediol,2-methylene-, substituted (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-410. P–10–0542 ...... Amide, polyprotic acid (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-409. P–18–0380 ...... Butanoic acid ethyl amine (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-408. P–18–0332, P–18– (P–18–0332): Canola meal (CASRN: 121957–95–7), (P–18–0333): Flaxseed https://www.epa.gov/reviewing-new- 0333. meal (CASRN: 2211120–89–5). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-407. J–20–0003, J–20– Genetically modified microorganism (generic name) ...... https://www.epa.gov/reviewing-new- 0004. chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-406. P–20–0050 ...... Benzenepentanol, .alpha.,.gamma.-dimethyl- (CASRN: 72681–01–7) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-405. P–20–0012 ...... Polyol, polymer with alkyl diisocyanate, alkyl substituted heterocycle blocked https://www.epa.gov/reviewing-new- (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-404. P–18–0362 ...... 1,3-Propanediol, 2-ethyl-2-(hydroxymethyl)-, polymer with 2,4-diisocyanato-1- https://www.epa.gov/reviewing-new- methylbenzene, .alpha.-hydro-.omega.-hydroxypoly[oxy(methyl-1,2- chemicals-under-toxic-substances- ethanediyl)] and .alpha.,.alpha.′,.alpha.″-1,2,3-propanetriyltris[.omega.- control-act-tsca/tsca-section-5a3c-de- hydroxypoly[oxy(methyl-1,2-ethanediyl)]], Me Et ketone oxime –blocked termination-403. (CASRN: 1661004–48–3); polymer exemption flag, Polymer exemption flag: The chemical must be manufactured such that it meets the polymer exemption criteria as described under 40 CFR 723.250(e)(1), in addition to meeting the definition of polymer at 40 CFR 723.250(b).

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EPA case No. Chemical identity Website link

P–18–0168 ...... Alkoxylated triaryl methane (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-402. P–17–0389 ...... Alkyl oil, polymer with 1,4-cyclohexanedimethanol, dehydrated Alkyl oil, https://www.epa.gov/reviewing-new- hydrogentated rosin, phthalic anhydride and trimethylolpropane (generic chemicals-under-toxic-substances- name). control-act-tsca/tsca-section-5a3c-determination-401. P–20–0052 ...... Oxirane, 2-methyl-, polymer with oxirane, mono(3,5,5-trimethylhexanoate) https://www.epa.gov/reviewing-new- (CASRN: 148263–50–7). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-400. P–17–0294 ...... 2-Butanone, 3-methyl-, peroxide (CASRN: 182893–11–4) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-399. P–17–0086 ...... Cycloalkyl, bis(ethoxyalkyl)-, trans-; Cycloalkyl, bis(ethoxyalkyl)-, cis- (generic https://www.epa.gov/reviewing-new- name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-398. P–20–0041 ...... 1,3-Benzenedicarboxylic acid, polymer with 3-methyl-1,5-pentanediol (CASRN: https://www.epa.gov/reviewing-new- 76962–70–4). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-397. P–19–0136 ...... iso-alkylamine, N-isoalkyl-N-methyl (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-396. P–19–0174 ...... Octadecanoic acid, (alkylphosphinyl), polyol ester (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-395. P–18–0262 ...... 2-Propenoic acid, 2-methyl-, dodecyl ester, polymer with ammonium 2-methyl- https://www.epa.gov/reviewing-new- 2-[(1-oxo-2-propen-1-yl)amino]-1-propanesulfonate (1:1), N,N-dimethyl-2- chemicals-under-toxic-substances- propenamide and .alpha.-(2-methyl-1-oxo-2-propen-1-yl)-.omega.- control-act-tsca/tsca-section-5a3c-de- (dodecyloxy)poly(oxy-1,2-ethanediyl) (CASRN:1190091–71–4). termination-394. P–20–0054 ...... Nitrile hydratase NH–6L (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-393. P–19–0134 ...... 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane], https://www.epa.gov/reviewing-new- [Poly[oxy(methyl-1,2-ethanediyl)], .alpha.-hydro-.omega.-hydroxy-, polymer chemicals-under-toxic-substances- with 1,6-diisocyanatohexane], polymer with [Poly(oxy-1,4-butanediyl), .alpha.- control-act-tsca/tsca-section-5a3c-de- hydro-.omega.-hydroxy-], [Cyclic amine—ketone adduct, reduced], and [1,3- termination-392. Propanediol, 2-ethyl-2-(hydroxymethyl) (generic name). P–18–0098 ...... Polyphosphoric acids, polymers with (alkoxyalkoxy)alkanol and substituted https://www.epa.gov/reviewing-new- heteromonocycle (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-391. P–20–0027, P–20– (P–20–0027): Glycols, .alpha.,.omega.-, C2–6, polymers with adipic aicd, https://www.epa.gov/reviewing-new- 0028. dodecanedioic acid, hydracrylic acid polyester, isophthalic acid, isophthalic chemicals-under-toxic-substances- acid, 1,1′-methylenebis[4-isocyanatobenzene], neopentyl glycol and tereph- control-act-tsca/tsca-section-5a3c-de- thalic acid (generic name), (P–20–0028): Glycols, .alpha.,.omega.-, C2–6, termination-390. polymers with adipic acid, aromatic polyester, dodecanedioic acid, hydracrylic acid polyester, isophthalic acid, 1,1′-methylenebis[4- isocyanatobenzene], neopentyl glycol and terephthalic acid (generic name). P–19–0189 ...... Fatty acids, polymers with alkanediol and 1,1′-methylenebis[4- https://www.epa.gov/reviewing-new- isocyanatobenzene] (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-389. P–18–0376 ...... Thiosulfuric acid, aminoalkyl ester (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-388. P–18–0150 ...... Tertiary amine, compounds with amino sulfonic acid blocked aliphatic https://www.epa.gov/reviewing-new- isocyanate homopolymer (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-387. P–18–0381 ...... Indium manganese yttrium oxide (CASRN: 1239902–45–4) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-386.

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EPA case No. Chemical identity Website link

P–18–0060 ...... 1-Butanaminium, 4-amino-N-(2-hydroxy-3-sulfopropyl)-N,N-dimethyl-4-oxo-, N- https://www.epa.gov/reviewing-new- coco alkyl derivs., inner salts (CASRN: 2041102–83–2). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-385. P–18–0059 ...... Butanoic acid, 4-(dimethylamino)-, ethyl ester (CASRN: 22041–23–2) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-384. P–16–0420 ...... Dimethyl cyclohexenyl propanol (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-383. P–18–0364 ...... Alkali humates, polymers with substituted acrylamides (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-382. P–17–0240 ...... Alkenoic acid, polymer with alkanepolyolpolyacrylate, 2,2′-azobis[2- https://www.epa.gov/reviewing-new- methylbutanenitrile]-initiated (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-381. J–20–0002 ...... Microorganism with chromosomally-borne genetic modifications for the produc- https://www.epa.gov/reviewing-new- tion of a chemical (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-380. P–20–0022 ...... Polyalkoxycarbopolycycle hydroxy (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-379. P–17–0364 ...... Dicyloalkyl-alkane-di-isocyanate homopolymer, alkyl alcohol and polyalkyl gly- https://www.epa.gov/reviewing-new- col mono-alkyl-ether-blocked (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-378. J–19–0001 ...... Trichoderma reesei 3CH–3 ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-377. P–20–0013 ...... (P–20–0013): 2-Propenoic acid, 2-methyl-, (2-oxo-1,3-dioxolan-4-yl)methyl https://www.epa.gov/reviewing-new- ester (CASRN: 13818–44–5). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-376. P–18–0391 ...... 1-Propanaminium, N-(carboxymethyl)-N, N-dimethyl-3-[(3,5, 5-trimethyl-1- https://www.epa.gov/reviewing-new- oxohexyl), amino]- inner salt (CASRN: 2169783–63–3). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-375. P–18–0267, P–18– (P–18–0267): Branched alkanoic acid, epoxy ester, reaction products with https://www.epa.gov/reviewing-new- 0268, P–18–0269. monocyclic dialkylamine and polycyclic alcohol epoxy polymer (generic chemicals-under-toxic-substances- name), (P–18–0268): Branched alkanoic acid, epoxy ester, reaction products control-act-tsca/tsca-section-5a3c-de- with monocyclicdialkanamine and polycyclic dialkanol ether polymer (generic termination-374. name), (P–18–0269): Branched alkanoic acid, epoxy ester, reaction products with monocyclicalkanamine, polycyclic alcohol ether homopolymer, and polycyclic alcohol epoxy polymer (generic name). P–20–0024 ...... (P–20–0024): Phenol-formaldehyde polymer with amino-oxirane copolymer and https://www.epa.gov/reviewing-new- nitrobenzoates. (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-373. P–20–0008 ...... 7-Heteropolycyclicsulfonic acid, 2-[4-[2-[1-[[(2-methoxy-5-methyl-4- https://www.epa.gov/reviewing-new- sulfophenyl)amino]carbonyl]-2-oxopropyl]diazenyl]phenyl]-6-methyl-, compd. chemicals-under-toxic-substances- with (alkylamino) alkanol and (hydroxyalkyl) amine (generic name). control-act-tsca/tsca-section-5a3c-determination-372. P–19–0170 ...... Alkenoic acid, alkyl-substituted, epoxy ester, polymer with alkyl alkenoate, https://www.epa.gov/reviewing-new- alkene, and polylactide (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-371. P–18–0389 ...... Alkenoic acid, alkyl-substituted, epoxy ester, polymer with alkyl alkenoate, https://www.epa.gov/reviewing-new- alkene, and polylactide (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-370. P–18–0211 ...... Alkaneamine, (aminoalkyl)-, polymer with aziridine and 1,6- https://www.epa.gov/reviewing-new- diisocyanatohexane, polyethylene glycol alkyl ether- and polyethylene-poly- chemicals-under-toxic-substances- propylene glycol aminoalkyl alkyl ether- and alkenyl benzenated polyethylene control-act-tsca/tsca-section-5a3c-de- glycol Ph ether (generic name). termination-369.

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EPA case No. Chemical identity Website link

P–18–0187 ...... Carboxylic acid-polyamine condensate (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-368. P–17–0355 ...... Benzoic acid, 2-hydroxy-, -alkyl derivs (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-367. P–19–0164 ...... Bis-alkoxy substituted alkane, polymer with aminoalkanol (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-366. P–19–0158 ...... Alkenoic acid polymer with 2-ethyl-2-(hydroxymethyl)-1,3-alkyldiol, 1,1′- https://www.epa.gov/reviewing-new- methylenebis(4-isocyanatocarbomonocycle) and 3-methyl-1,5-aklydiol (ge- chemicals-under-toxic-substances- neric name). control-act-tsca/tsca-section-5a3c-determination-365. P–18–0367 ...... Acid-modified polyether (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-364. P–18–0199 ...... Rare earth oxide (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-363. P–18–0126 ...... Calcium manganese titanium oxide (CASRN: 153728–36–0) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-362. P–18–0058 ...... Phosphonium, trihexyltetradecyl-, salt with 1,1,1-trifluoro-N- https://www.epa.gov/reviewing-new- [(trifluoromethyl)sulfonyl]methanesulfonamide (1:1) (CASRN: 460092–03–9). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-361. P–18–0236 ...... Metal, alkenoic acid-alkyl alkenoate-alkyl substituted alkenoate polymer https://www.epa.gov/reviewing-new- carbopolycycle complexes (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-360. P–18–0108 ...... Aromatic anhydride polymer with bisalkylbiphenylbisamine compound with https://www.epa.gov/reviewing-new- alkylaminoalkyl acrylate ester (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-359. P–18–0031 ...... Substituted dicarboxylic acid, polymer with various alkanediols (generic name) https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-358. SN–17–0011 ...... Polyfluorohydrocarbon (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-357. J–20–0001 ...... Biofuel producing Saccharomyces cerevisiae modified, genetically stable (ge- https://www.epa.gov/reviewing-new- neric name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-356. P–18–0328 ...... Plant oil fatty acids, alkyl esters (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-355. P–18–0067 ...... Fatty acids, C14–18 and C16–18-unsatd., polymers with adipic acid and tri- https://www.epa.gov/reviewing-new- ethanolamine, di-Me sulfate-quaternized (CASRN: 1211825–32–9). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-determination-353.

Authority: 15 U.S.C. 2601 et seq. ENVIRONMENTAL PROTECTION ACTION: Notice. Dated: March 4, 2021. AGENCY SUMMARY: In accordance with the Madison Le, [EPA–HQ–OPP–2021–0132; FRL–10020–72] Federal Insecticide, Fungicide, and Director, New Chemicals Division, Office of Cryolite and Propazine; Notice of Rodenticide Act (FIFRA), EPA is issuing Pollution Prevention and Toxics. a notice of receipt of requests by [FR Doc. 2021–04978 Filed 3–9–21; 8:45 am] Receipt of Request to Voluntarily Cancel Certain Pesticide Registrations registrants to voluntarily cancel certain BILLING CODE 6560–50–P pesticide registrations. These requests AGENCY: Environmental Protection would terminate the last cryolite and Agency (EPA). propazine products registered in the

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United States. EPA intends to grant Washington, DC 20460–0001. ATTN: you claim to be CBI. For CBI these requests at the close of the Carolyn Smith. information in a disk or CD–ROM that comment period for this announcement • Hand Delivery: To make special you mail to EPA, mark the outside of the unless the Agency receives substantive arrangements for hand delivery or disk or CD–ROM as CBI and then comments within the comment period delivery of boxed information, please identify electronically within the disk or that would merit further review of the follow the instructions at http:// CD–ROM the specific information that requests, or unless the registrants www.epa.gov/dockets/contacts.html. is claimed as CBI. In addition to one withdraw their requests. If these Additional instructions on complete version of the comment that requests are granted, any sale, commenting or visiting the docket, includes information claimed as CBI, a distribution, or use of products listed in along with more information about copy of the comment that does not this notice will be permitted after the dockets generally, is available at http:// contain the information claimed as CBI registration has been cancelled only if www.epa.gov/dockets. must be submitted for inclusion in the such sale, distribution, or use is FOR FURTHER INFORMATION CONTACT: public docket. Information so marked consistent with the terms as described Carolyn Smith, Pesticide Re-Evaluation will not be disclosed except in in the final order. Division (7508P), Office of Pesticide accordance with procedures set forth in Programs, Environmental Protection DATES: Comments must be received on 40 CFR part 2. Agency, 1200 Pennsylvania Ave. NW, or before April 9, 2021. 2. Tips for preparing your comments. Washington, DC 20460–0001; telephone When preparing and submitting your ADDRESSES: Submit your comments, number: 703–347–8325; email address: comments, see the commenting tips at identified by docket identification (ID) [email protected]. http://www.epa.gov/dockets/ number EPA–HQ–OPP–2021–0132, by SUPPLEMENTARY INFORMATION: comments.html. one of the following methods: • Federal eRulemaking Portal: http:// I. General Information II. What action is the Agency taking? www.regulations.gov. Follow the online A. Does this action apply to me? This notice announces receipt by the instructions for submitting comments. This action is directed to the public Agency of requests from registrants to Do not submit electronically any in general and may be of interest to a cancel eight pesticide products information you consider to be wide range of stakeholders including registered under FIFRA section 3 (7 Confidential Business Information (CBI) environmental, human health, and U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). or other information whose disclosure is agricultural advocates; the chemical These registrations are listed in restricted by statute. industry; pesticide users; and members sequence by registration number (or • Mail: OPP Docket, Environmental of the public interested in the sale, company number and 24(c) number) in Protection Agency Docket Center (EPA/ distribution, or use of pesticides. Table 1 of this unit. DC), (28221T), 1200 Pennsylvania Ave. Unless the Agency determines that NW, Washington, DC 20460–0001. B. What should I consider as I prepare there are substantive comments that Submit written withdrawal request by my comments for EPA? warrant further review of the requests or mail to: Pesticide Re-Evaluation 1. Submitting CBI. Do not submit this the registrants withdraw their requests, Division (7508P), Office of Pesticide information to EPA through EPA intends to issue orders in the Programs, Environmental Protection regulations.gov or email. Clearly mark Federal Register canceling all of the Agency, 1200 Pennsylvania Ave. NW, the part or all of the information that affected registrations.

TABLE 1—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration No. Product name Chemical name

10163–41 ...... Prokil Cryolite 96 ...... Cryolite. 10163–225 ...... Gowan Cryolite Bait ...... Cryolite. 10163–242 ...... Prokil Cryolite 75-Dust ...... Cryolite. 10163–243 ...... Prokil Cryolite 50-Dust ...... Cryolite. 42750–148 ...... Propazine 4L ...... Propazine. 42750–149 ...... Propazine Technical ...... Propazine. 91813–32 ...... Kryocide Insecticide ...... Cryolite. FL000011 ...... Prokil Cryolite 96 ...... Cryolite.

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

TABLE 2—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION

EPA company No. Company name and address

10163 ...... Gowan Company, P.O. Box 5569, Yuma, AZ 85366. 42750 ...... Albaugh, LLC, P.O. Box 2127, Valdosta, GA 31604–2127. 91813 ...... UPL NA, Inc., 630 Freedom Business Ctr., #402, King of Prussia, PA 19406.

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III. What is the Agency’s authority for registrants to sell and distribute existing following location: EPA Region 4; Air taking this action? stocks of the propazine products listed and Radiation Division; 61 Forsyth Section 6(f)(1) of FIFRA (7 U.S.C. in Table 1 of Unit II for 1 year after Street SW; Atlanta, Georgia 30303–8960. 136d(f)(1)) provides that a registrant of publication of the Cancellation Order in The Order is also available a pesticide product may, at any time, the Federal Register. Thereafter, electronically at the following address: request that any of its pesticide registrants will be prohibited from https://www.epa.gov/sites/production/ registrations be canceled. FIFRA further selling or distributing the pesticides files/2021-01/documents/ provides that, before acting on the identified in Table 1 of Unit II, except hazlehurstorder2020.pdf. EPA requests request, EPA must publish a notice of for export consistent with FIFRA section that if at all possible, you contact the receipt of any such request in the 17 (7 U.S.C. 136o) or for proper person listed in the FOR FURTHER Federal Register. disposal. Persons other than registrants INFORMATION CONTACT section to Section 6(f)(1)(B) of FIFRA (7 U.S.C. will generally be allowed to sell, schedule your inspection at the 136d(f)(1)(B)) requires that before acting distribute, or use existing stocks until Regional Office. The Regional Office’s on a request for voluntary cancellation, such stocks are exhausted, provided that official hours of business are Monday EPA must provide a 30-day public such sale, distribution, or use is through Friday 8:30 a.m. to 4:30 p.m., comment period on the request for consistent with the terms of the excluding Federal holidays. voluntary cancellation or use previously approved labeling on, or that FOR FURTHER INFORMATION CONTACT: Art termination. In addition, FIFRA section accompanied, the canceled products. Hofmeister, Air Permits Section, Air 6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) Authority: 7 U.S.C. 136 et seq. Planning and Implementation Branch, Air and Radiation Divisions, U.S. requires that EPA provide a 180-day Dated: March 4, 2021. comment period on a request for Environmental Protection Agency, Mary Reaves, Region 4, 61 Forsyth Street SW, Atlanta, voluntary cancellation or termination of Director, Pesticide Re-Evaluation Division, any minor agricultural use before Georgia, 30303–8960. The telephone Office of Pesticide Programs. number is (404) 562–9115. Mr. granting the request, unless: [FR Doc. 2021–04903 Filed 3–9–21; 8:45 am] 1. The registrant requests a waiver of Hofmeister can also be reached via BILLING CODE 6560–50–P the comment period, or electronic mail at hofmeister.art@ 2. The EPA Administrator determines epa.gov. that continued use of the pesticide ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: The CAA would pose an unreasonable adverse AGENCY affords EPA a 45-day period to review effect on the environment. and, as appropriate, the authority to The registrants in Table 2 of Unit II [Petition IV–2020–5; FRL–10021–14–Region object to operating permits proposed by 4] have requested that EPA waive the 180- state permitting authorities under title V day comment period. Accordingly, EPA Clean Air Act Operating Permit of the CAA, 42 U.S.C. 7661–7661f. will provide a 30-day comment period Program; Petition for Objection to Section 505(b)(2) of the CAA and 40 on the proposed requests. State Operating Permit for Hazlehurst CFR 70.8(d) authorize any person to petition the EPA Administrator to object IV. Procedures for Withdrawal of Wood Pellets, LLC (Jeff Davis County, to a title V operating permit within 60 Request Georgia) days after the expiration of EPA’s 45- Registrants who choose to withdraw a AGENCY: Environmental Protection day review period if EPA has not request for cancellation should submit Agency (EPA). objected on its own initiative. Petitions such withdrawal in writing to the ACTION: Notice of final order on petition must be based only on objections to the person listed under FOR FURTHER to object to state operating permit. permit that were raised with reasonable INFORMATION CONTACT. If the products specificity during the public comment have been subject to a previous SUMMARY: The Environmental Protection period provided by the state, unless the cancellation action, the effective date of Agency’s (EPA) Administrator signed an petitioner demonstrates that it was cancellation and all other provisions of Order, dated December 31, 2020, impracticable to raise these issues any earlier cancellation action are denying the petition submitted by the during the comment period or the controlling. Environmental Integrity Project on grounds for the issues arose after this behalf of itself and the Georgia Chapter period. V. Provisions for Disposition of Existing of Sierra Club, Dogwood Alliance, the Stocks Petitioners submitted a petition Rachel Carson Council, Partnership for requesting that EPA object to the Existing stocks are those stocks of Policy Integrity, Natural Resources proposed CAA title V operating permit registered pesticide products that are Defense Council, and Our Children’s no. 2499–161–0023–V–02–4 issued by currently in the United States and that Earth Foundation (Petitioners). The EPD to the Hazlehurst facility. were packaged, labeled, and released for Order responds to the Petitioners’ April Petitioners claim that this permitting shipment prior to the effective date of 14, 2020, petition requesting that the action fails to include all applicable the cancellation action. Because the EPA object to the proposed Clean Air requirements, specifically the Agency has identified no significant Act (CAA) title V operating permit requirements related to section 112(r)(1) potential risk concerns associated with number 2499–161–0023–V–02–4 issued of the CAA (‘‘general duty clause’’). these pesticide products, upon by the Georgia Environmental On December 31, 2020, the cancellation of the products identified Protection Division (EPD) to Hazlehurst Administrator issued an Order denying in Table 1 of Unit II, EPA anticipates Wood Pellets, LLC for its facility located the petition. The Order explains the allowing registrants to sell and in Jeff Davis County, Georgia. The Order EPA’s basis for denying the petition. distribute existing stocks of the cryolite constitutes a final action on the petition Judicial Review: Section 307(b)(1) of products listed in Table 1 of Unit II for addressed therein. the CAA indicates which Federal Courts 18 months after publication of the ADDRESSES: Copies of the Order, the of Appeal are the proper forum for Cancellation Order in the Federal petition, and all pertinent information petitions for review of final actions by Register, and EPA anticipates allowing relating thereto are on file at the EPA. This section provides, in part, that

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petitions for review must be filed in the Comments are requested concerning: 157(a), 301, 302(a), 303(f), 307(e), and Court of Appeals for the District of Whether the proposed collection of 332. Columbia Circuit: (i) When the agency information is necessary for the proper Total Annual Burden: 818 hours. action consists of ‘‘nationally applicable performance of the functions of the Total Annual Cost: $55,313. regulations promulgated, or final action Commission, including whether the Privacy Act Impact Assessment: No taken, by the Administrator,’’ or (ii) information shall have practical utility; impact(s). when such action is locally or regionally the accuracy of the Commission’s Nature and Extent of Confidentiality: applicable, if ‘‘such action is based on burden estimate; ways to enhance the No information is requested that would a determination of nationwide scope or quality, utility, and clarity of the require assurance of confidentiality. effect and if in taking such action the information collected; ways to minimize Needs and Uses: The Commission will submit this information collection Administrator finds and publishes that the burden of the collection of to OMB as an extension after this 60-day such action is based on such a information on the respondents, comment period to obtain the full three- determination.’’ For locally or regionally including the use of automated year clearance from them. applicable actions, the CAA reserves to collection techniques or other forms of In 2015 the Federal Communications EPA complete discretion whether to information technology; and ways to Commission adopted, and in 2017 the invoke the exception in (ii). further reduce the information Commission affirmed, the modification As explained in the Order, this Order collection burden on small business of Section 74.803—specifically, sections is locally applicable because it denies concerns with fewer than 25 employees. 74.803(c) and (d)—to authorize licensed the single claim raised by the Petition The FCC may not conduct or sponsor a low power auxiliary station operations and applies, on its face, to a single collection of information unless it (referenced herein as ‘‘wireless source in a single state. Sierra Club v. displays a currently valid control microphone’’ operations) on additional EPA, 926 F.3d 844, 849 (D.C. Cir. 2019). number. No person shall be subject to frequency bands. Specifically, under However, the Administrator exercised any penalty for failing to comply with section 74.803(c), the Commission the complete discretion afforded to him a collection of information subject to the permitted licensed wireless microphone under the CAA to make a finding in the PRA that does not display a valid Office operations on the 941.5–944 MHz, the Order that this action is based on a of Management and Budget (OMB) 952.85–956.25 MHz, the 956.45–959.85 determination of nationwide scope or control number. MHz, the 6875–6900 MHz, and the effect, and to publish this finding by DATES: Written PRA comments should 7100–7125 MHz bands, provided the publishing this notice regarding the be submitted on or before May 10, 2021. particular coordination requirements Order in the Federal Register. If you anticipate that you will be were met; under section 74.803(d), the Thus, pursuant to sections 307(b) and submitting comments, but find it Commission authorized operations on 505(b)(2) of the CAA, any petitions for difficult to do so within the period of the 1435–1525 MHz band provided that judicial review of this Order must be time allowed by this notice, you should requisite conditions, including filed in the United States Court of advise the contact listed below as soon coordination, were met. With these Appeals for the District of Columbia as possible. revisions, the Commission promoted its Circuit within 60 days from the date this ADDRESSES: Direct all PRA comments to goal of accommodating wireless notice is published in the Federal microphone users’ needs through access Register. Nicole Ongele, FCC, via email PRA@ fcc.gov and to [email protected]. to spectrum resources following the Dated: March 4, 2021. incentive auction and reconfiguration of FOR FURTHER INFORMATION CONTACT: For the TV bands. John Blevins, additional information about the Acting Regional Administrator, Region 4. information collection, contact Nicole Federal Communications Commission. [FR Doc. 2021–04966 Filed 3–9–21; 8:45 am] Ongele at (202) 418–2991. Marlene Dortch, BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: Secretary, Office of the Secretary. OMB Control No.: 3060–1253. [FR Doc. 2021–05000 Filed 3–9–21; 8:45 am] Title: Section 74.803(c) and (d), BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS Wireless Microphones. COMMISSION Form No.: N/A. [OMB 3060–1253; FRS 17547] Type of Review: Extension of a FEDERAL MARITIME COMMISSION currently approved collection. Notice of Agreements Filed Information Collection Being Reviewed Respondents: Individuals or by the Federal Communications Households, Business or other for-profit; The Commission hereby gives notice Commission Under Delegated Not-for-profit institutions. of the filing of the following agreements Authority Number of Respondents and under the Shipping Act of 1984. AGENCY: Federal Communications Responses: 65 respondents; 815 Interested parties may submit Commission. responses. comments, relevant information, or ACTION: Notice and request for Estimated Time per Response: 0.5–2 documents regarding the agreements to comments. hours. the Secretary by email at Secretary@ Frequency of Response: fmc.gov, or by mail, Federal Maritime SUMMARY: As part of its continuing effort Recordkeeping, third party disclosure, Commission, Washington, DC 20573. to reduce paperwork burdens, and as and on occasion reporting requirement. Comments will be most helpful to the required by the Paperwork Reduction Obligation to Respond: Required to Commission if received within 12 days Act (PRA) of 1995, the Federal obtain or retain benefits. Statutory of the date this notice appears in the Communications Commission (FCC or authority for this information collection Federal Register. Copies of agreements the Commission) invites the general is contained in sections 1, 4(i), 4(j), 7(a) are available through the Commission’s public and other Federal agencies to 301, 302(a), 303(f), 307(e), and 332 of website (www.fmc.gov) or by contacting take this opportunity to comment on the the Communications Act of 1934, as the Office of Agreements at (202) 523– following information collection. amended, 47 U.S.C. 151, 154(i), 154(j), 5793 or [email protected].

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Agreement No.: 201143–019. FEDERAL RESERVE SYSTEM FEDERAL TRADE COMMISSION Agreement Name: West Coast MTO Agreement. Change in Bank Control Notices; Agency Information Collection Activities; Submission for OMB Parties: APM Terminals Pacific LLC; Acquisitions of Shares of a Bank or Review; Comment Request Fenix Marine Services, Ltd.; Everport Bank Holding Company Terminal Services, Inc.; International AGENCY: Federal Trade Commission. The notificants listed below have Transportation Service, LLC; LBCT LLC ACTION: Notice. dba Long Beach Container Terminal applied under the Change in Bank LLC; Total Terminals International, Control Act (Act) (12 U.S.C. 1817(j)) and SUMMARY: The Federal Trade LLC; West Basin Container Terminal 225.41 of the Board’s Regulation Y (12 Commission (‘‘FTC’’ or ‘‘Commission’’) LLC; Pacific Maritime Services, LLC; CFR 225.41) to acquire shares of a bank requests that the Office of Management SSAT (Pier A), LLC; Trapac LLC; Yusen or bank holding company. The factors and Budget (‘‘OMB’’) extend for an Terminals LLC; and SSA Terminals, that are considered in acting on the additional three years the current LLC. applications are set forth in paragraph 7 Paperwork Reduction Act (‘‘PRA’’) Filing Party: Wayne Rohde; Cozen of the Act (12 U.S.C. 1817(j)(7)). clearance for the information collection O’Connor. The public portions of the requirements in the Fair Packaging and Synopsis: The amendment reflects a applications listed below, as well as Labeling Act regulations (‘‘FPLA change in the name of International other related filings required by the Rules’’). That clearance expires on April Transportation Service. Board, if any, are available for 30, 2021. DATES: Comments must be filed by April Proposed Effective Date: 2/25/2021. immediate inspection at the Federal Reserve Bank(s) indicated below and at 9, 2021. Location: https://www2.fmc.gov/ the offices of the Board of Governors. ADDRESSES: Written comments and FMC.Agreements.Web/Public/ recommendations for the proposed AgreementHistory/2090. This information may also be obtained on an expedited basis, upon request, by information collection should be sent Agreement No.: 201288–004. contacting the appropriate Federal within 30 days of publication of this Agreement Name: Digital Container Reserve Bank and from the Board’s notice to www.reginfo.gov/public/do/ Shipping Association Agreement. Freedom of Information Office at PRAMain. Find this particular Parties: Maersk A/S; Hapag-Lloyd AG; https://www.federalreserve.gov/foia/ information collection by selecting CMA CGM S.A.; MSC Mediterranean request.htm. Interested persons may ‘‘Currently under Review—Open for Shipping Company S.A.; Ocean express their views in writing on the Public Comments’’ or by using the Network Express Pte. Ltd.; HMM standards enumerated in paragraph 7 of search function. Company Limited; ZIM Integrated the Act. FOR FURTHER INFORMATION CONTACT: Shipping Services Ltd.; Yang Ming Comments regarding each of these Hampton Newsome, Attorney, Division Marine Transport Corp.; and Evergreen applications must be received at the of Enforcement, Bureau of Consumer Marine Corp. (Taiwan) Ltd. Protection, (202) 326–2889, 600 Reserve Bank indicated or the offices of Pennsylvania Ave. NW, Washington, DC Filing Party: Wayne Rohde; Cozen the Board of Governors, Ann E. O’Connor. 20580. Misback, Secretary of the Board, 20th Synopsis: The amendment changes Street and Constitution Avenue NW, SUPPLEMENTARY INFORMATION: Title of Collection: Regulations Under the name of Hyundai Merchant Marine Washington, DC 20551–0001, not later Section 4 of the Fair Packaging and Co., Ltd. than March 25, 2021. Proposed Effective Date: 3/1/2021. Labeling Act (FPLA), 16 CFR parts 500– A. Federal Reserve Bank of Location: https://www2.fmc.gov/ 503. Philadelphia (William Spaniel, Senior OMB Control Number: 3084–0110. FMC.Agreements.Web/Public/ Vice President) 100 North 6th Street, Type of Review: Extension without AgreementHistory/21328. Philadelphia, Pennsylvania 19105– change of currently approved collection. Agreement No.: 201358. 1521. Comments can also be sent Affected Public: Private Sector: Agreement Name: NPDL/ANLS Slot electronically to Businesses and other for-profit entities. Charter Agreement. [email protected]: Abstract: The Fair Packaging and Labeling Act, 15 U.S.C. 1451 et seq., was Parties: Neptune Pacific Direct Line 1. Patriot Financial Partners III, L.P., enacted to enable consumers to obtain Pte. Ltd. and ANL Singapore Pte. Ltd. Patriot Financial Partners GP III, L.P., accurate package quantity information Filing Party: David Monroe; GKG Law, Patriot Financial Partners GP III, LLC, to facilitate value comparisons and P.C. Patriot Financial Advisors, L.P., Patriot prevent unfair or deceptive packaging Synopsis: The Agreement authorizes Financial Advisors, LLC, W. Kirk and labeling of consumer commodities. Neptune Pacific Direct Line Pte. Ltd. to Wycoff, James J. Lynch, and James F. Section 4 of the FPLA requires packages charter space to ANL Singapore Pte Ltd Deutsch, all of Radnor, Pennsylvania; as or labels to be marked with: (1) A in the trade between American Samoa a group acting in concert to retain voting statement of identity; (2) a net quantity and New Zealand. shares of Georgia Banking Company, of contents disclosure; and (3) the name Proposed Effective Date: 2/25/2021. Inc., and thereby indirectly retain voting and place of business of the company Location: https://www2.fmc.gov/ shares of Georgia Banking Company, responsible for the product. The FPLA FMC.Agreements.Web/Public/ both of Sandy Spring, Georgia. regulations, 16 CFR parts 500–503, AgreementHistory/40502. Board of Governors of the Federal Reserve specify how manufacturers, packagers, Dated: March 4, 2021. System, March 5, 2021. and distributors of ‘‘consumer Rachel E. Dickon, Michele Taylor Fennell, commodities’’ must comply with the Act’s labeling requirements.1 Secretary. Deputy Associate Secretary of the Board. [FR Doc. 2021–05007 Filed 3–9–21; 8:45 am] [FR Doc. 2021–04947 Filed 3–9–21; 8:45 am] 1 The term consumer commodity or commodity BILLING CODE 6730–02–P BILLING CODE P means any article, product, or commodity of any

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Estimated Annual Burden Hours: DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: 6,832,210. HUMAN SERVICES William Parham at (410) 786–4669. Estimated Annual Labor Costs: Centers for Medicare & Medicaid SUPPLEMENTARY INFORMATION: Under the $163,973,040. Services Paperwork Reduction Act of 1995 (PRA) Estimated Annual Non-Labor Costs: (44 U.S.C. 3501–3520), federal agencies [Document Identifier: CMS–10650 and CMS– $0. must obtain approval from the Office of 10749] Management and Budget (OMB) for each Request for Comment: On October 22, Agency Information Collection collection of information they conduct 2020, the Commission sought comment or sponsor. The term ‘‘collection of on the information collection Activities: Submission for OMB Review; Comment Request information’’ is defined in 44 U.S.C. requirements associated with the FPLA 3502(3) and 5 CFR 1320.3(c) and Rules. 85 FR 67350 (Oct. 22, 2020). No AGENCY: Centers for Medicare & includes agency requests or relevant comments were received. Medicaid Services, Health and Human requirements that members of the public Pursuant to the OMB regulations, 5 CFR Services (HHS). submit reports, keep records, or provide part 1320, the FTC is providing this ACTION: Notice. information to a third party. Section second opportunity for public comment 3506(c)(2)(A) of the PRA (44 U.S.C. while seeking OMB approval to renew SUMMARY: The Centers for Medicare & 3506(c)(2)(A)) requires federal agencies clearance for the Rules’ information Medicaid Services (CMS) is announcing to publish a 30-day notice in the collection requirements. an opportunity for the public to Federal Register concerning each comment on CMS’ intention to collect Your comment—including your name proposed collection of information, information from the public. Under the including each proposed extension or and your state—will be placed on the Paperwork Reduction Act of 1995 public record of this proceeding. reinstatement of an existing collection (PRA), federal agencies are required to of information, before submitting the Because your comment will be made publish notice in the Federal Register public, you are solely responsible for collection to OMB for approval. To concerning each proposed collection of comply with this requirement, CMS is making sure that your comment does information, including each proposed publishing this notice that summarizes not include any sensitive personal extension or reinstatement of an existing the following proposed collection(s) of collection of information, and to allow information, like anyone’s Social information for public comment: Security number, date of birth, driver’s a second opportunity for public license number or other state comment on the notice. Interested 1. Type of Information Collection identification number or foreign country persons are invited to send comments Request: Extension of a currently equivalent, passport number, financial regarding the burden estimate or any approved collection; Title of Information Collection: State account number, or credit or debit card other aspect of this collection of Permissions for Enrollment in Qualified number. You are also solely responsible information, including the necessity and Health Plans in the Federally-Facilitated for making sure that your comment does utility of the proposed information collection for the proper performance of Exchange & Non-Exchange Entities; Use: not include any sensitive health the agency’s functions, the accuracy of On March 23, 2010, the Patient information, like medical records or the estimated burden, ways to enhance Protection and Affordable Care Act other individually identifiable health the quality, utility, and clarity of the (PPACA; Pub. L. 111–148) was signed information. In addition, do not include information to be collected, and the use into law and on March 30, 2010, the any ‘‘[t]rade secret or any commercial or of automated collection techniques or Health Care and Education financial information which is . . . other forms of information technology to Reconciliation Act of 2010 (Pub. L. 111– privileged or confidential’’ as provided minimize the information collection 152) was signed into law. The two laws in Section 6(f) of the FTC Act, 15 U.S.C. burden. implement various health insurance 46(f), and FTC Rule 4.10(a)(2), 16 CFR DATES: Comments on the collection(s) of policies. 4.10(a)(2). In particular, do not include information must be received by the This information collection request competitively sensitive information OMB desk officer by April 9, 2021. (ICR) serves as the renewal of the data such as costs, sales statistics, ADDRESSES: Written comments and collection clearance related to the inventories, formulas, patterns devices, recommendations for the proposed ability of states to permit agents and manufacturing processes, or customer information collection should be sent brokers, as well as Web-brokers, to assist names. within 30 days of publication of this qualified individuals, qualified Josephine Liu, notice to www.reginfo.gov/public/do/ employers, or qualified employees enrolling in Qualified Health Plans in Assistant General Counsel for Legal Counsel. PRAMain. Find this particular information collection by selecting the Federally Facilitated Exchange (45 [FR Doc. 2021–04993 Filed 3–9–21; 8:45 am] ‘‘Currently under 30-day Review—Open CFR 155.220) and data collection BILLING CODE 6750–01–P for Public Comments’’ or by using the requirements related to non-exchange search function. entities. (45 CFR 155.260). [All To obtain copies of a supporting references to § 155.220 shall mean 45 statement and any related forms for the CFR 155.220.]. Form Number: CMS– kind or class which is customarily produced or proposed collection(s) summarized in 10650 (OMB control number: 0938– distributed for sale through retail sales agencies or this notice, you may make your request 1327); Frequency: Annually; Affected instrumentalities for consumption by individuals, using one of following: Public: Private Sector, State, Business, or use by individuals for purposes of personal care 1. Access CMS’ website address at and Not-for Profits; Number of or in the performance of services ordinarily website address at: https:// Respondents: 55,148; Number of rendered within the household, and which usually is consumed or expended in the course of such www.cms.gov/Regulations-and- Responses: 55,148; Total Annual Hours: consumption or use. 16 CFR 500.2(c). For the Guidance/Legislation/ 272,707. (For questions regarding this precise scope of the term’s coverage, see 16 CFR PaperworkReductionActof1995/PRA- collection, contact Michele Oshman at 500.2(c); 503.2; 503.5. Listing.html. (301–492–4407).

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2. Type of Information Collection DEPARTMENT OF HEALTH AND each proposed extension of an existing Request: New collection (Request for a HUMAN SERVICES collection of information, before new OMB control number); Title of submitting the collection to OMB for Information Collection: National Plan Administration for Community Living approval. To comply with this and Provider Enumeration System [OMB No. 0985–0005] requirement, ACL is publishing a notice (NPPES) Supplemental Data Collection; of the proposed collection of Use: The adoption by the Secretary of Agency Information Collection information set forth in this document. HHS of the standard unique health Activities; Proposed Collection; With respect to the following identifier for health care providers is a Comment Request; State Annual Long- collection of information, ACL invites requirement of the Health Insurance Term Care Ombudsman Report- comments on our burden estimates or Portability and Accountability Act of National Ombudsman Reporting any other aspect of this collection of 1996 (HIPAA). The unique identifier is System information, including: to be used on standard transactions and (1) Whether the proposed collection AGENCY: Administration for Community of information is necessary for the may be used for other lawful purposes Living, HHS. proper performance of ACL’s functions, in the health care system. The CMS ACTION: Notice. including whether the information will Final Rule published on January 23, have practical utility; SUMMARY: The Administration for 2004 adopts the National Provider (2) the accuracy of ACL’s estimate of Community Living (ACL) is announcing Identifier (NPI) as the standard unique the burden of the proposed collection of an opportunity for the public to health identifier for health care information, including the validity of comment on the proposed collection of providers. Health care providers that are the methodology and assumptions used information listed above. Under the covered entities under HIPAA must to determine burden estimates; Paperwork Reduction Act of 1995 (the apply for and use NPIs in standard (3) ways to enhance the quality, PRA), Federal agencies are required to transactions. The law requires that data utility, and clarity of the information to publish a notice in the Federal Register collection standards for these measures be collected; and concerning each proposed collection of be used, to the extent that it is practical, (4) ways to minimize the burden of information, including each proposed in all national population health the collection of information on extension of an existing collection of surveys. It applies to self-reported respondents, including through the use information, and to allow 60 days for optional information only. The law also of automated collection techniques public comment in response to the when appropriate, and other forms of requires any data standards published notice. This notice solicits comments on information technology. by HHS to comply with standards a revision to the information collection created by the Office of Management requirements related to the National The report form and instructions have and Budget (OMB). Ombudsman Reporting System and been in continuous use, with minor modifications, since OMB first approved The web based optional data fields Older Americans Act Title VII. them for the FY 1995 reporting period. can be seen in Appendix A1: Data DATES: Comments on the collection of The report underwent a substantive Collected for the Office of Minority and information must be submitted revision in April 2018, which included Appendix A2: Data collected for the electronically by 11:59 p.m. (EST) or significant reduction in the number of 21st Century Cures Act, interoperability. postmarked by May 10, 2021. data elements collected. This request The standards apply to population ADDRESSES: Submit electronic covers minor changes and corrections to health surveys sponsored by HHS, comments on the collection of the current information collection. The where respondents either self-report information to: [email protected]. data collection tool will enhance ACL’s information or a knowledgeable person Submit written comments on the ability to understand and report on responds for all members of a collection of information to LTCO program operations, experiences household. HHS is implementing these Administration for Community Living, of long-term care facility residents and data standards in all new surveys. Form Washington, DC 20201, Attention: will reflect changes in LTC Ombudsman Number: CMS–10749 (OMB control Louise Ryan. program operations and long-term number: 0938–NEW); Frequency: FOR FURTHER INFORMATION CONTACT: supports and services policies, research, Yearly; Affected Public: Private Sector, Louise Ryan, Administration for and practices. States will continue to Business or other for-profits, Not-for- Community Living, Washington, DC provide the following data and narrative profit institutions; Number of 20201, (206) 615–2299 or by email: information in the report: Respondents: 999,291; Total Annual [email protected]. 1. Numbers and descriptions of cases Responses: 999,291; Total Annual SUPPLEMENTARY INFORMATION: Under the filed and complaints made on behalf of Hours: 169,880. (For policy questions PRA (44 U.S.C. 3501–3520), Federal long-term care facility residents to the regarding this collection contact DaVona agencies must obtain approval from the statewide ombudsman program; Boyd at 410–786–7483.) Office of Management and Budget 2. Major issues identified impacting (OMB) for each collection of on the quality of care and life of long- Dated: March 4, 2021. information they conduct or sponsor. term care facility residents; William N. Parham, III, ‘‘Collection of information’’ is defined 3. Statewide program operations; and Director, Paperwork Reduction Staff, Office in 44 U.S.C. 3502(3) and 5 CFR 4. Ombudsman activities in addition of Strategic Operations and Regulatory 1320.3(c) and includes agency requests to complaint investigation. Affairs. or requirements that members of the 5. Organizational conflict of interest [FR Doc. 2021–04899 Filed 3–9–21; 8:45 am] public submit reports, keep records, or reporting as required by 45 CFR part BILLING CODE 4120–01–P provide information to a third party. 1324.21. The PRA requires Federal agencies to To comment on this information provide a 60-day notice in the Federal collection please visit the ACL website: Register concerning each proposed https://www.acl.gov/about-acl/public- collection of information, including input.

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Estimated Program Burden follows: Approximately 7,780 hours, ACL estimates the burden associated with 52 state Ombudsman programs with this collection of information as responding annually.

Responses Respondent/data collection activity Number of per Hours per Annual burden respondents respondent response hours

Total ...... 52 1 149.6 7,780

Dated: March 4, 2021. as new standards for Social The meetings will be closed to the Alison Barkoff, Determinants of Health (SDOH) data public in accordance with the Acting Administrator and Assistant Secretary and a comparative analysis of ICD–10– provisions set forth in sections for Aging. CM with ICD–11 for morbidity coding. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 2021–04944 Filed 3–9–21; 8:45 am] The Committee will reserve time for as amended. The grant applications and BILLING CODE 4154–01–P public comment toward the end of the the discussions could disclose schedule on both days. Meeting times confidential trade secrets or commercial and topics are subject to change. Please property such as patentable material, DEPARTMENT OF HEALTH AND refer to the agenda posted at the NCVHS and personal information concerning HUMAN SERVICES website for this meeting, https:// individuals associated with the grant ncvhs.hhs.gov/meetings/full-committee- applications, the disclosure of which National Committee on Vital and Health meeting-7/, for any updates. would constitute a clearly unwarranted Statistics: Meeting Contact Person for More Information: invasion of personal privacy. Substantive program information may Pursuant to the Federal Advisory Name of Committee: Center for Scientific be obtained from Rebecca Hines, MHS, Committee Act, the Department of Review Special Emphasis Panel; Member Executive Secretary, NCVHS, National Health and Human Services (HHS) Conflict: Neuropsychiatric Disorders. Center for Health Statistics, Centers for Date: April 6, 2021. announces the following advisory Disease Control and Prevention, 3311 Time: 1:00 p.m. to 5:00 p.m. committee meeting. Toledo Road, Hyattsville, Maryland Agenda: To review and evaluate grant Name: National Committee on Vital 20782, or via electronic mail to vgh4@ applications. and Health Statistics (NCVHS), Full cdc.gov; or by telephone (301) 458– Place: National Institutes of Health, 6701 Committee Meeting. Rockledge Drive, Bethesda, MD 20892 4715. You can find a list of upcoming Dates and Times: Wednesday, March (Virtual Meeting). meetings, recent past meetings, and 31, 2021: 10:00 a.m.–5:30 p.m. EST. Contact Person: Jenny Raye Browning, recent reports and recommendations on Thursday, April 1, 2021: 10:00 a.m.– Ph.D., Scientific Review Officer, Center for the NCVHS website, https:// Scientific Review, National Institutes of 4:30 p.m. EST. ncvhs.hhs.gov/. You can review the Health, 6701 Rockledge Drive, Rm. 5207, Place: Virtual. agenda for the meeting and instructions Bethesda, MD 20892, (301) 402–8197, Status: Open. on how to access the broadcast of the [email protected]. Purpose: As outlined in its Charter, Name of Committee: Center for Scientific the National Committee on Vital and meeting by navigating to the March 31– April 1 dates on the home page or on Review Special Emphasis Panel; Special Health Statistics assists and advises the Topics: Emerging Imaging Technologies in the NCVHS Meetings page, https:// Secretary of HHS on health data, data Neuroscience. standards, statistics, privacy, national ncvhs.hhs.gov/meetings-meeting/. Date: April 7, 2021. Should you require reasonable health information policy, and the Time: 9:00 a.m. to 2:00 p.m. accommodation, please contact the CDC Department’s strategy to best address Agenda: To review and evaluate grant Office of Equal Employment applications. those issues. At the March 31-April 1, Opportunity on (770) 488–3210 as soon Place: National Institutes of Health, 2021, meeting, the Committee will as possible. Rockledge II, 6701 Rockledge Drive, receive updates from HHS officials, hold Bethesda, MD 20892 (Virtual Meeting). discussions on current health data Sharon Arnold, Contact Person: Sharon S. Low, Ph.D., policy topics, and discuss its work plan Associate Deputy Assistant Secretary for Scientific Review Officer, Center for for the upcoming period. Planning and Evaluation, Science and Data Scientific Review, National Institutes of The Chair will facilitate discussion of Policy, Office of the Assistant Secretary for Health, 6701 Rockledge Drive, Room 5104, the Committee’s draft Fourteenth Report Planning and Evaluation. MSC 5104, Bethesda, MD, 20892–5104, 301– 237–1487, [email protected]. to Congress. The Subcommittee on [FR Doc. 2021–05009 Filed 3–9–21; 8:45 am] Name of Committee: Center for Scientific Standards will discuss plans for BILLING CODE 4150–05–P Review Special Emphasis Panel; RFA–RM– furthering work on convergence of 20–013 and 020: NIH Transformative and administrative and clinical data Emergency Transformative Research (R01) standards. The Subcommittee on DEPARTMENT OF HEALTH AND Awards Review. Privacy, Confidentiality, and Security HUMAN SERVICES Date: April 7–8, 2021. will follow up on its September 2020 Time: 9:00 a.m. to 6:00 p.m. hearing on data collection and use with National Institutes of Health Agenda: To review and evaluate grant respect to privacy and security during applications. Center for Scientific Review; Notice of Place: National Institutes of Health, the pandemic and discuss plans for the Closed Meetings next topic on which the Subcommittee Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). will develop recommendations. In Pursuant to section 10(d) of the Contact Person: James J. Li, Ph.D., addition, the Committee anticipates Federal Advisory Committee Act, as Scientific Review Officer, Center for briefings on current projects directly amended, notice is hereby given of the Scientific Review, National Institutes of relevant to the Committee’s work, such following meetings. Health, 6701 Rockledge Drive, Room 5148,

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MSC 7849, Bethesda, MD 20892, 301–806– Contact Person: Juraj Bies, Ph.D., Scientific Scientific Review, National Institutes of 8065, [email protected]. Review Officer, Center for Scientific Review, Health, 6701 Rockledge Drive, Bethesda, MD Name of Committee: Center for Scientific National Institutes of Health, 6701 Rockledge 20892, 301–402–9448, shinako.takada@ Review Special Emphasis Panel; Small Drive, Rm. 4158, MSC 7806, Bethesda, MD nih.gov. 20892, 301 435 1256, [email protected]. Business Hematology and Vascular Biology. Name of Committee: Center for Scientific Date: April 7, 2021. (Catalogue of Federal Domestic Assistance Time: 9:30 a.m. to 2:00 p.m. Program Nos. 93.306, Comparative Medicine; Review Special Emphasis Panel; Member Agenda: To review and evaluate grant 93.333, Clinical Research, 93.306, 93.333, Conflict: Topics in Nephrology. applications. 93.337, 93.393–93.396, 93.837–93.844, Date: April 2, 2021. Place: National Institutes of Health, 93.846–93.878, 93.892, 93.893, National Time: 1:00 p.m. to 6:30 p.m. Rockledge II, 6701 Rockledge Drive, Institutes of Health, HHS) Agenda: To review and evaluate grant Bethesda, MD 20892 (Virtual Meeting). Dated: March 4, 2021. applications. Contact Person: Larry Pinkus, Ph.D., Melanie J. Pantoja, Place: National Institutes of Health, Scientific Review Officer, Center for Rockledge II, 6701 Rockledge Drive, Scientific Review, National Institutes of Program Analyst, Office of Federal Advisory Bethesda, MD 20892 (Virtual Meeting). Health, 6701 Rockledge Drive, Room 4132, Committee Policy. Contact Person: Aiping Zhao, MD, MSC 7802, Bethesda, MD 20892, (301) 435– [FR Doc. 2021–04950 Filed 3–9–21; 8:45 am] Scientific Review Officer, Center for 1214, [email protected]. BILLING CODE 4140–01–P Name of Committee: Center for Scientific Scientific Review, National Institutes of Review Special Emphasis Panel; Member Health, 6701 Rockledge Drive, Room 2188, Conflict: Topics in Metabolism. DEPARTMENT OF HEALTH AND MSC 7818, Bethesda, MD 20892–7818, (301) Date: April 7, 2021. HUMAN SERVICES 435–0682, [email protected]. Time: 10:00 a.m. to 4:00 p.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant National Institutes of Health Review Special Emphasis Panel; Member applications. Conflict: Bacterial Pathogenesis. Place: National Institutes of Health, Center for Scientific Review; Notice of Rockledge II, 6701 Rockledge Drive, Date: April 2, 2021. Bethesda, MD 20892 (Virtual Meeting). Closed Meetings Time: 1:00 p.m. to 5:00 p.m. Agenda: To review and evaluate grant Contact Person: Latha Meenalochana Pursuant to section 10(d) of the applications. Malaiyandi, Ph.D., Scientific Review Officer, Federal Advisory Committee Act, as Center for Scientific Review, National Place: National Institutes of Health, amended, notice is hereby given of the Institutes of Health, 6701 Rockledge Drive, Rockledge II, 6701 Rockledge Drive, Room 812Q, Bethesda, MD 20892, (301) 435– following meetings. The meetings will be closed to the Bethesda, MD 20892 (Virtual Meeting). 1999, [email protected]. Contact Person: Liying Guo, Ph.D., Name of Committee: Center for Scientific public in accordance with the provisions set forth in sections Scientific Review Officer, Center for Review Special Emphasis Panel; AIDS and Scientific Review, National Institutes of AIDS Related Research. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 4198, Date: April 7, 2021. as amended. The grant applications and MSC 7812, Bethesda, MD 20892, 301–827– Time: 10:30 a.m. to 5:00 p.m. the discussions could disclose 7728, [email protected]. Agenda: To review and evaluate grant confidential trade secrets or commercial applications. property such as patentable material, Name of Committee: Center for Scientific Place: National Institutes of Health, Review Special Emphasis Panel; Rockledge II, 6701 Rockledge Drive, and personal information concerning individuals associated with the grant Fellowships: HIV/AIDS Biological. Bethesda, MD 20892 (Virtual Meeting). Date: April 2, 2021. Contact Person: Alok Mulky, Ph.D., applications, the disclosure of which Time: 1:00 p.m. to 5:00 p.m. Scientific Review Officer, Center for would constitute a clearly unwarranted Scientific Review, National Institutes of invasion of personal privacy. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4203, applications. Name of Committee: Center for Scientific Bethesda, MD 20892, (301) 435–3566, Place: National Institutes of Health, Review Special Emphasis Panel; Fellowship: [email protected]. Rockledge II, 6701 Rockledge Drive, AIDS and AIDS-Related Applications. Name of Committee: Center for Scientific Date: April 1, 2021. Bethesda, MD 20892 (Virtual Meeting). Review Special Emphasis Panel; Member Time: 1:00 p.m. to 5:00 p.m. Contact Person: Alexander D. Politis, Conflict: Radiation Therapeutics and Biology. Agenda: To review and evaluate grant Ph.D., Scientific Review Officer, Center for Date: April 7, 2021. applications. Scientific Review, National Institutes of Time: 12:00 p.m. to 4:00 p.m. Place: National Institutes of Health, Health, 6701 Rockledge Drive, Room 3210, Agenda: To review and evaluate grant Rockledge II, 6701 Rockledge Drive, MSC 7808 Bethesda, MD 20892, 301–435– applications. Bethesda, MD 20892 (Virtual Meeting). 1150, [email protected]. Place: National Institutes of Health, Contact Person: Shalanda A. Bynum, Rockledge II, 6701 Rockledge Drive, Ph.D., Scientific Review Officer, Center for (Catalogue of Federal Domestic Assistance Bethesda, MD 20892 (Virtual Meeting). Scientific Review, National Institutes of Program Nos. 93.306, Comparative Medicine; Contact Person: Laura Asnaghi, Ph.D., Health, 6701 Rockledge Drive, Room 3206, 93.333, Clinical Research, 93.306, 93.333, Scientific Review Officer, National Institutes Bethesda, MD 20892, 301–755–4355, 93.337, 93.393–93.396, 93.837–93.844, of Health, Center for Scientific Review, 6701 [email protected]. 93.846–93.878, 93.892, 93.893, National Rockledge Drive, Room 6200, MSC 7804, Name of Committee: Center for Scientific Institutes of Health, HHS) Bethesda, MD 20892, (301) 443–1196, Review Special Emphasis Panel; Topics in Dated: March 4, 2021. [email protected]. Coronavirus Drug Discovery and Name of Committee: Center for Scientific Development. David W. Freeman, Review Special Emphasis Panel; Member Date: April 1, 2021. Program Analyst, Office of Federal Advisory Conflict: Cancer Biology. Time: 12:30 p.m. to 3:00 p.m. Committee Policy. Date: April 7, 2021. Agenda: To review and evaluate grant [FR Doc. 2021–04891 Filed 3–9–21; 8:45 am] Time: 12:30 p.m. to 4:30 p.m. applications. Agenda: To review and evaluate grant Place: National Institutes of Health, BILLING CODE 4140–01–P applications. Rockledge II, 6701 Rockledge Drive, Place: National Institutes of Health, Bethesda, MD 20892 (Virtual Meeting). Rockledge II, 6701 Rockledge Drive, Contact Person: Shinako Takada, Ph.D., Bethesda, MD 20892 (Virtual Meeting). Scientific Review Officer, Center for

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DEPARTMENT OF HEALTH AND provisions set forth in sections DEPARTMENT OF HEALTH AND HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES as amended. The grant applications and National Institutes of Health the discussions could disclose National Institutes of Health confidential trade secrets or commercial National Heart, Lung, and Blood property such as patentable material, National Heart, Lung, and Blood Institute; Notice of Closed Meeting and personal information concerning Institute; Notice of Closed Meeting Pursuant to section 10(d) of the individuals associated with the grant Pursuant to section 10(d) of the Federal Advisory Committee Act, as applications, the disclosure of which Federal Advisory Committee Act, as amended, notice is hereby given of the would constitute a clearly unwarranted amended, notice is hereby given of the following meeting. invasion of personal privacy. following meeting. The meeting will be closed to the Name of Committee: National Heart, Lung, The meeting will be closed to the public in accordance with the and Blood Institute Special Emphasis Panel; public in accordance with the provisions set forth in sections HeartShare Clinical Centers. provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: April 19–20, 2021. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Time: 10:00 a.m. to 6:00 p.m. as amended. The grant applications and the discussions could disclose Agenda: To review and evaluate grant the discussions could disclose confidential trade secrets or commercial applications. confidential trade secrets or commercial Place: National Institutes of Health, 6705 property such as patentable material, Rockledge Drive, Bethesda, MD 20817 property such as patentable material, and personal information concerning (Virtual Meeting). and personal information concerning individuals associated with the grant Contact Person: Tony L. Creazzo, Ph.D., individuals associated with the grant applications, the disclosure of which Scientific Review Officer, Office of Scientific applications, the disclosure of which would constitute a clearly unwarranted Review/DERA, National Heart, Lung, and would constitute a clearly unwarranted invasion of personal privacy. Blood Institute, National Institutes of Health, invasion of personal privacy. 6705 Rockledge Drive, Room 207–Q, Name of Committee: National Heart, Lung, Bethesda, MD 20892–7924, (301) 827–7913, Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; [email protected]. and Blood Institute Special Emphasis Panel; Hybrid Effectiveness Implementation Trials HeartShare Data Translation Centers. Review. (Catalogue of Federal Domestic Assistance Date: April 16, 2021. Date: April 5, 2021. Program Nos. 93.233, National Center for Time: 12:00 p.m. to 5:00 p.m. Time: 12:00 p.m. to 4:00 p.m. Sleep Disorders Research; 93.837, Heart and Agenda: To review and evaluate grant Agenda: To review and evaluate grant Vascular Diseases Research; 93.838, Lung applications. applications. Diseases Research; 93.839, Blood Diseases Place: National Institutes of Health, 6705 Place: National Institutes of Health, and Resources Research, National Institutes Rockledge Drive, Bethesda, MD 20817 6705 Rockledge Drive, Bethesda, MD 20817 of Health, HHS) (Virtual Meeting). (Virtual Meeting). Dated: March 4, 2021. Contact Person: Tony L. Creazzo, Ph.D., Contact Person: Shelley S. Sehnert, Ph.D., Scientific Review Officer, Office of Scientific David W. Freeman, Scientific Review Officer, Office of Scientific Review/DERA, National Heart, Lung, and Review/DERA, National Heart, Lung, and Program Analyst, Office of Federal Advisory Blood Institute, National Institutes of Health, Blood Institute, National Institutes of Health, Committee Policy. 6705 Rockledge Drive, Room 207–Q, 6705 Rockledge Drive, Suite 208–T, [FR Doc. 2021–04888 Filed 3–9–21; 8:45 am] Bethesda, MD 20892–7924, (301) 827–7913, Bethesda, MD 20817, (301) 827–7984, BILLING CODE 4140–01–P [email protected]. [email protected]. (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Program Nos. 93.233, National Center for DEPARTMENT OF HEALTH AND Sleep Disorders Research; 93.837, Heart and Sleep Disorders Research; 93.837, Heart and HUMAN SERVICES Vascular Diseases Research; 93.838, Lung Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases Diseases Research; 93.839, Blood Diseases National Institutes of Health and Resources Research, National Institutes and Resources Research, National Institutes of Health, HHS) of Health, HHS) Center for Scientific Review; Amended Dated: March 4, 2021. Dated: March 4, 2021. Notice of Meeting David W. Freeman, David W. Freeman, Notice is hereby given of a change in Program Analyst, Office of Federal Advisory Committee Policy. Program Analyst, Office of Federal Advisory the meeting of the Center for Scientific Committee Policy. Review Special Emphasis Panel, March [FR Doc. 2021–04887 Filed 3–9–21; 8:45 am] [FR Doc. 2021–04893 Filed 3–9–21; 8:45 am] 10, 2021, 9:30 a.m. to March 10, 2021, BILLING CODE 4140–01–P BILLING CODE 4140–01–P 06:00 p.m., National Institutes of Health, Rockledge II, 6701 Rockledge Drive, DEPARTMENT OF HEALTH AND Bethesda, MD 20892 which was DEPARTMENT OF HEALTH AND HUMAN SERVICES published in the Federal Register on HUMAN SERVICES February 11, 2021, V86 Pg 9080. National Institutes of Health National Institutes of Health The meeting start time changed from 9:30 a.m. to 10:30 a.m. The meeting National Center for Advancing National Heart, Lung, and Blood location remains the same. The meeting Translational Sciences; Notice of Institute; Notice of Closed Meeting is closed to the public. Closed Meeting Pursuant to section 10(d) of the Dated: March 4, 2021. Pursuant to section 10(d) of the Federal Advisory Committee Act, as David W. Freeman, Federal Advisory Committee Act, as amended, notice is hereby given of the Program Analyst, Office of Federal Advisory amended, notice is hereby given of the following meeting. Committee Policy. following meeting. The meeting will be closed to the [FR Doc. 2021–04886 Filed 3–9–21; 8:45 am] The meeting will be closed to the public in accordance with the BILLING CODE 4140–01–P public in accordance with the

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provisions set forth in sections Name of Committee: National Heart, Lung, Z, Bethesda, MD 20892, (301) 827–7987, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and Blood Institute Special Emphasis Panel; [email protected]. as amended. The grant applications and NIH Support for Conferences and Scientific (Catalogue of Federal Domestic Assistance the discussions could disclose Meetings. Program Nos. 93.233, National Center for Date: April 8, 2021. Sleep Disorders Research; 93.837, Heart and confidential trade secrets or commercial Time: 1:00 p.m. to 5:30 p.m. property such as patentable material, Vascular Diseases Research; 93.838, Lung Agenda: To review and evaluate grant Diseases Research; 93.839, Blood Diseases and personal information concerning applications. and Resources Research, National Institutes individuals associated with the grant Place: National Institutes of Health, 6705 of Health, HHS) applications, the disclosure of which Rockledge Drive, Bethesda, MD 20817 would constitute a clearly unwarranted (Virtual Meeting). Dated: March 4, 2021. invasion of personal privacy. Contact Person: Zhihong Shan, Ph.D., MD, David W. Freeman, Scientific Review Officer, Office of Scientific Program Analyst, Office of Federal Advisory Name of Committee: National Center for Review/DERA, National Heart, Lung, and Committee Policy. Advancing Translational Sciences Special Blood Institute, (301) 827–7085, [FR Doc. 2021–04889 Filed 3–9–21; 8:45 am] Emphasis Panel; NCATS Conference Grants [email protected]. Special Emphasis Panel. BILLING CODE 4140–01–P Date: March 22, 2021. (Catalogue of Federal Domestic Assistance Time: 11:00 a.m. to 2:00 p.m. Program Nos. 93.233, National Center for Agenda: To review and evaluate grant Sleep Disorders Research; 93.837, Heart and DEPARTMENT OF HEALTH AND Vascular Diseases Research; 93.838, Lung applications. HUMAN SERVICES Place: National Center for Advancing Diseases Research; 93.839, Blood Diseases Translational Sciences, National Institutes of and Resources Research, National Institutes of Health, HHS) Substance Abuse and Mental Health Health, 6701 Democracy Boulevard, Room Services Administration 100, Bethesda, MD 20892 (Virtual Meeting). Dated: March 4, 2021. Contact Person: Alumit Ishai, Ph.D., David W. Freeman, Advisory Committee for Women’s Scientific Review Officer, Office of Grants Services (ACWS); Notice of Meeting Management and Scientific Review, National Program Analyst, Office of Federal Advisory Committee Policy. Center for Advancing Translational Sciences, Pursuant to Public Law 92–463, National Institutes of Health, 6701 [FR Doc. 2021–04892 Filed 3–9–21; 8:45 am] notice is hereby given of a meeting of Democracy Boulevard, Suite 1000, Bethesda, BILLING CODE 4140–01–P MD 20892, 301–827–5819, alumit.ishai@ the Substance Abuse and Mental Health nih.gov. Services Administration’s (SAMHSA) (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Advisory Committee for Women’s Program Nos. 93.859, Pharmacology, HUMAN SERVICES Services (ACWS) on March 31, 2021. Physiology, and Biological Chemistry The meeting will include discussions Research; 93.350, B—Cooperative National Institutes of Health on assessing SAMHSA’s current Agreements; 93.859, Biomedical Research strategies, including the mental health and Research Training, National Institutes of National Heart, Lung, and Blood and substance use needs of the women Health, HHS) Institute; Notice of Closed Meeting and girls population. Additionally, the Dated: March 4, 2021. Pursuant to section 10(d) of the ACWS will be addressing priorities David W. Freeman, Federal Advisory Committee Act, as regarding the impact of COVID–19 on Program Analyst, Office of Federal Advisory amended, notice is hereby given of the the behavioral health needs of women Committee Policy. following meeting. and children and directions around [FR Doc. 2021–04890 Filed 3–9–21; 8:45 am] The meeting will be closed to the behavioral health services and access for BILLING CODE 4140–01–P public in accordance with the women and children. provisions set forth in sections The meeting is open to the public and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., will be held virtually only. Interested DEPARTMENT OF HEALTH AND as amended. The grant applications and persons may present data, information, HUMAN SERVICES the discussions could disclose or views, orally or in writing, on issues confidential trade secrets or commercial pending before the committee. Written National Institutes of Health property such as patentable material, submissions should be forwarded to the and personal information concerning contact person by March 23, 2021. Oral National Heart, Lung, and Blood presentations from the public will be Institute; Notice of Closed Meeting individuals associated with the grant applications, the disclosure of which scheduled at the conclusion of the Pursuant to section 10(d) of the would constitute a clearly unwarranted meeting. Individuals interested in Federal Advisory Committee Act, as invasion of personal privacy. making oral presentations are amended, notice is hereby given of the encouraged to notify the contact person Name of Committee: National Heart, Lung, on or before March 23, 2021. Up to five following meeting. and Blood Institute Special Emphasis Panel; The meeting will be closed to the Using Syndemics to Understand HLBS minutes will be allotted for each public in accordance with the Disease in People with HIV. presentation. provisions set forth in sections Date: April 16, 2021. The meeting may be accessed via 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 11:00 a.m. to 3:00 p.m. telephone or web meeting. To obtain the as amended. The grant applications and Agenda: To review and evaluate grant call-in number and access code, submit the discussions could disclose applications. written or brief oral comments, or confidential trade secrets or commercial Place: National Institutes of Health, 6705 request special accommodations for property such as patentable material, Rockledge Drive, Bethesda, MD 20817 persons with disabilities, please register (Virtual Meeting). and personal information concerning Contact Person: Susan Wohler Sunnarborg, on-line at https:// individuals associated with the grant Ph.D., Scientific Review Officer, Office of snacregister.samhsa.gov/ applications, the disclosure of which Scientific Review/DERA, National, Heart, MeetingList.aspx, or communicate with would constitute a clearly unwarranted Lung, and Blood Institute, National Institutes the ACWS Designated Federal Officer, invasion of personal privacy. of Health, 6705 Rockledge Drive, Room 208– Ms. Valerie Kolick.

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Substantive meeting information and new scientific or technical data. The SUPPLEMENTARY INFORMATION: The a roster of ACWS members may be FIRM, and where applicable, portions of specific flood hazard determinations are obtained either by accessing the the FIS report, have been revised to not described for each community in SAMHSA Committees’ web page at: reflect these flood hazard this notice. However, the online https://www.samhsa.gov/about-us/ determinations through issuance of a location and local community map advisory-councils/meetings, or by Letter of Map Revision (LOMR), in repository address where the flood contacting Ms. Kolick. accordance with Federal Regulations. hazard determination information is Committee Name: Substance Abuse The LOMR will be used by insurance available for inspection is provided. and Mental Health Services agents and others to calculate Any request for reconsideration of Administration Advisory Committee for appropriate flood insurance premium flood hazard determinations must be Women’s Services (ACWS). rates for new buildings and the contents submitted to the Chief Executive Officer Date/Time/Type: Wednesday, March of those buildings. For rating purposes, of the community as listed in the table 31, 2021, from: 1:00 p.m. to 4:30 p.m. the currently effective community below. EDT (OPEN). number is shown in the table below and The modifications are made pursuant Place: SAMHSA, 5600 Fishers Lane, must be used for all new policies and to section 201 of the Flood Disaster Rockville, MD 20857 (Virtual). renewals. Protection Act of 1973, 42 U.S.C. 4105, Contact: Valerie Kolick, Designated and are in accordance with the National Federal Officer, SAMHSA’s Advisory DATES: These flood hazard Flood Insurance Act of 1968, 42 U.S.C. Committee for Women’s Services, 5600 determinations will be finalized on the 4001 et seq., and with 44 CFR part 65. Fishers Lane, Rockville, MD 20857, dates listed in the table below and The FIRM and FIS report are the basis Telephone: (240) 276–1738, Email: revise the FIRM panels and FIS report of the floodplain management measures [email protected]. in effect prior to this determination for that the community is required either to the listed communities. Dated: March 4, 2021, adopt or to show evidence of having in From the date of the second Carlos Castillo, effect in order to qualify or remain publication of notification of these qualified for participation in the Captain, Committee Management Officer, changes in a newspaper of local Substance Abuse and Mental Health Services National Flood Insurance Program Administration. circulation, any person has 90 days in (NFIP). which to request through the [FR Doc. 2021–04935 Filed 3–9–21; 8:45 am] These flood hazard determinations, community that the Deputy Associate together with the floodplain BILLING CODE 4162–20–P Administrator for Insurance and management criteria required by 44 CFR Mitigation reconsider the changes. The 60.3, are the minimum that are required. flood hazard determination information They should not be construed to mean DEPARTMENT OF HOMELAND may be changed during the 90-day that the community must change any SECURITY period. existing ordinances that are more stringent in their floodplain Federal Emergency Management ADDRESSES: The affected communities management requirements. The Agency are listed in the table below. Revised community may at any time enact flood hazard information for each [Docket ID FEMA–2021–0002; Internal stricter requirements of its own or Agency Docket No. FEMA–B–2117] community is available for inspection at pursuant to policies established by other both the online location and the Federal, State, or regional entities. The Changes in Flood Hazard respective community map repository flood hazard determinations are in Determinations address listed in the table below. accordance with 44 CFR 65.4. Additionally, the current effective FIRM AGENCY: Federal Emergency The affected communities are listed in and FIS report for each community are the following table. Flood hazard Management Agency, Department of accessible online through the FEMA Homeland Security. determination information for each Map Service Center at https:// community is available for inspection at ACTION: Notice. msc.fema.gov for comparison. both the online location and the Submit comments and/or appeals to SUMMARY: This notice lists communities respective community map repository the Chief Executive Officer of the where the addition or modification of address listed in the table below. community as listed in the table below. Base Flood Elevations (BFEs), base flood Additionally, the current effective FIRM depths, Special Flood Hazard Area FOR FURTHER INFORMATION CONTACT: Rick and FIS report for each community are (SFHA) boundaries or zone Sacbibit, Chief, Engineering Services accessible online through the FEMA designations, or the regulatory floodway Branch, Federal Insurance and Map Service Center at https:// (hereinafter referred to as flood hazard Mitigation Administration, FEMA, 400 msc.fema.gov for comparison. determinations), as shown on the Flood C Street SW, Washington, DC 20472, (Catalog of Federal Domestic Assistance No. Insurance Rate Maps (FIRMs), and (202) 646–7659, or (email) 97.022, ‘‘Flood Insurance.’’) where applicable, in the supporting [email protected]; or visit Michael M. Grimm, Flood Insurance Study (FIS) reports, the FEMA Mapping and Insurance Assistant Administrator for Risk prepared by the Federal Emergency eXchange (FMIX) online at https:// Management, Department of Homeland Management Agency (FEMA) for each www.floodmaps.fema.gov/fhm/fmx_ Security, Federal Emergency Management community, is appropriate because of main.html. Agency.

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Location and Chief executive officer of Community map Online location of letter of map Date of Community State and county case No. community repository revision modification No.

Alabama: Madison ...... City of Huntsville The Honorable Thomas City Hall, 308 Fountain https://msc.fema.gov/portal/ May 20, 2021 ..... 010153 (19–04– Battle, Jr., Mayor, City Circle, 8th Floor, Hunts- advanceSearch. 5211P). of Huntsville, 308 Foun- ville, AL 35801. tain Circle, 8th Floor, Huntsville, AL 35801. Madison ...... Unincorporated The Honorable Dale W. Engineering Department, https://msc.fema.gov/portal/ May 20, 2021 ..... 010151 areas of Madi- Strong, Chairman, 100 Hughes Road, advanceSearch. son County Madison County Com- Madison, AL 35758. (19–04– mission, 100 North Side 5211P). Square, Huntsville, AL 35801. Arizona: Mohave ...... City of Lake The Honorable Cal S. Development Services https://msc.fema.gov/portal/ Jun. 3, 2021 ...... 040116 Havasu City Sheehy, Mayor, City of Department, 2330 advanceSearch. (20–09– Lake Havasu City, 2330 McCulloch Boulevard 1801P). McCulloch Boulevard North, Lake Havasu North, Lake Havasu City, AZ 86403. City, AZ 86403. Mohave ...... Unincorporated The Honorable Buster Mohave County Flood https://msc.fema.gov/portal/ Jun. 3, 2021 ...... 040058 areas of Mo- Johnson, Chairman, Control District, 3250 advanceSearch. have County Mohave County Board East Kino Avenue, (20–09– of Supervisors, 2001 Kingman, AZ 86409. 1801P). College Drive, Suite 90, Lake Havasu City, AZ 86403. Colorado: El Paso ...... City of Colorado The Honorable John Pikes Peak Regional De- https://msc.fema.gov/portal/ Jun. 17, 2021 ..... 080060 Springs (20– Suthers, Mayor, City of velopment Center, 2880 advanceSearch. 08–0838P). Colorado Springs, 30 International Circle, Col- South Nevada Avenue, orado Springs, CO Suite 601, Colorado 80910. Springs, CO 80903. El Paso ...... Unincorporated The Honorable Stan Pikes Peak Regional De- https://msc.fema.gov/portal/ Jun. 14, 2021 ..... 080059 areas of El VanderWerf, Chairman, velopment Center, 2880 advanceSearch. Paso County El Paso County Board International Circle, Col- (20–08– of Commissioners, 200 orado Springs, CO 0750P). South Cascade Ave- 80910. nue, Suite 100, Colo- rado Springs, CO 80903. Weld ...... Town of Sever- The Honorable Donald Town Hall, 3 South Tim- https://msc.fema.gov/portal/ Jun. 10, 2021 ..... 080317 ance (20–08– McLeod, Mayor, Town ber Ridge Parkway, advanceSearch. 0596P). of Severance, 3 South Severance, CO 80550. Timber Ridge Parkway, Severance, CO 80550. Connecticut: Town of Ms. Maria Capriola, Town Town Hall, 933 https://msc.fema.gov/portal/ Jun. 3, 2021 ...... 090035 Hartford. Simsbury (20– of Simsbury Manager, Hopmeadow Street, advanceSearch. 01–1155P). 933 Hopmeadow Simsbury, CT 06070. Street, Simsbury, CT 06070. Florida: Collier ...... City of Naples The Honorable Teresa L. Building Department, 295 https://msc.fema.gov/portal/ May 13, 2021 ..... 125130 (20–04– Heitmann, Mayor, City Riverside Circle, advanceSearch. 6275P). of Naples, 735 8th Naples, FL 34102. Street South, Naples, FL 34102. Miami-Dade City of Sunny The Honorable George Building Department, https://msc.fema.gov/portal/ Jun. 1, 2021 ...... 120688 Isles Beach ‘‘Bud’’ Scholl, Mayor, 18070 Collins Avenue, advanceSearch. (20–04– City of Sunny Isles Sunny Isles Beach, FL 5872P). Beach, 18070 Collins 33160. Avenue, Sunny Isles Beach, FL 33160. Monroe ...... Unincorporated The Honorable Michelle Monroe County Building https://msc.fema.gov/portal/ Jun. 14, 2021 ..... 125129 areas of Mon- Coldiron, Mayor, Mon- Department, 2798 advanceSearch. roe (21–04– roe County Board of Overseas Highway, 0609P). Commissioners, 25 Suite 300, Marathon, Ships Way, Big Pine FL 33050. Key, FL 33042. Monroe ...... Village of The Honorable Buddy Building Department, https://msc.fema.gov/portal/ May 27, 2021 ..... 120424 Islamorada Pinder, Mayor, Village 86800 Overseas High- advanceSearch. (21–04– of Islamorada, 86800 way, Islamorada, FL 0284P). Overseas Highway, 33036. Islamorada, FL 33036. Orange ...... City of Orlando The Honorable Buddy W. Public Works Department, https://msc.fema.gov/portal/ May 18, 2021 ..... 120186 (20–04– Dyer, Mayor, City of Or- Engineering Division, advanceSearch. 5596P). lando, P.O. Box 4990, 400 South Orange Ave- Orlando, FL 32802. nue, 8th Floor, Orlando, FL 32801.

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Location and Chief executive officer of Community map Online location of letter of map Date of Community State and county case No. community repository revision modification No.

Pinellas ...... City of Clear- Mr. William Horne, City of Engineering Department, https://msc.fema.gov/portal/ Jun. 17, 2021 ..... 125096 water (20–04– Clearwater Manager, 100 South Myrtle Ave- advanceSearch. 6149P). P.O. Box 4748, Clear- nue, Suite 220, Clear- water, FL 33756. water, FL 33756. Georgia: Colum- Unincorporated The Honorable Douglas Columbia County Engi- https://msc.fema.gov/portal/ May 26, 2021 ..... 130059 bia. areas of Co- R. Duncan, Jr., Chair- neering Services Divi- advanceSearch. lumbia County man, Columbia County sion, 630 Ronald (20–04– Board of Commis- Reagan Drive, Building 3795P). sioners, 630 Ronald A, Evans, GA 30809. Reagan Drive, Building B, Evans, GA 30809. North Carolina: Chatham ...... Unincorporated The Honorable Mike Chatham County Planning https://msc.fema.gov/portal/ Apr. 23, 2021 ..... 370299 areas of Chat- Dasher, Chairman, Department, 80–A East advanceSearch. ham County Board of County Com- Street, Pittsboro, NC, (20–04– missioners, Chatham 27312. 3030P). County, 2 East Street, Pittsboro, NC 27312. Mecklenburg City of Charlotte The Honorable Vi Alex- Mecklenburg County, https://msc.fema.gov/portal/ Apr. 7, 2021 ...... 370159 (20–04– ander Lyles, Mayor, Stormwater Services advanceSearch. 3344P). City of Charlotte, 600 Department, 2145 Sut- East 4th Street, Char- tle Avenue, Charlotte, lotte, NC 28202. NC 28202. Pennsylvania: Montgomery Township of Mr. Ira S. Tackel, Presi- Community Planning and https://msc.fema.gov/portal/ May 24, 2021 ..... 420708 Upper Dublin dent, Township of Zoning Department, advanceSearch. (20–03– Upper Dublin Board of 801 Loch Alsh Avenue, 0912P). Commissioners, 801 Fort Washington, PA Loch Alsh Avenue, Fort 19034. Washington, PA 19034. Montgomery Township of Ms. Laura Boyle-Nester, Township Hall, 616 Ger- https://msc.fema.gov/portal/ May 24, 2021 ..... 420712 Whitemarsh Chair, Township of mantown Pike, Lafay- advanceSearch. (20–03– Whitemarsh Board of ette Hill, PA 19444. 0912P). Supervisors, 616 Ger- mantown Pike, Lafay- ette Hill, PA 19444. South Carolina: Berkeley ...... Town of Moncks The Honorable Michael Town Hall, 118 Carolina https://msc.fema.gov/port Jun. 10, 2021 ..... 450031 Corner (20– Lockliear, Mayor, Town Avenue, Moncks Cor- 04–4527P). of Moncks Corner, 118 ner, SC 29461. Carolina Avenue, Moncks Corner, SC 29461. Berkeley ...... Unincorporated Mr. John Cribb, Berkeley Berkeley County Adminis- https://msc.fema.gov/port Jun. 10, 2021 ..... 450029 areas of County Supervisor, tration Building, 1003 Berkeley 1003 Highway 52, Highway 52, Moncks County (20– Moncks Corner, SC Corner, SC 29461. 04–4527P). 29461. Charleston ... Unincorporated The Honorable Teddie E. Charleston County Build- https://msc.fema.gov/port Jun. 14, 2021 ..... 455413 areas of Pryor, Sr., Chairman, ing Inspections Depart- Charleston Charleston County ment, 4045 Bridge View County (21– Council, 2700 Crestline Drive, North Charleston, 04–0473P). Drive, North Charleston, SC 29405. SC 29405. Texas: Bexar and City of Selma The Honorable Tom Daly, Geographic Information https://msc.fema.gov/portal/ May 10, 2021 ..... 480046 Guadalupe. (20–06– Mayor, City of Selma, Systems (GIS) Depart- advanceSearch. 1874P). 9375 Corporate Drive, ment, 9375 Corporate Selma, TX 78154. Drive, Selma, TX 78154. Bexar ...... Unincorporated The Honorable Nelson W. Bexar County Public https://msc.fema.gov/portal/ May 10, 2021 ..... 480035 areas of Bexar Wolff, Bexar County Works Department, advanceSearch. County (20– Judge, 101 West Nueva 1948 Probandt Street, 06–1284P). Street, 10th Floor, San San Antonio, TX 78214. Antonio, TX 78205. Collin and City of Celina The Honorable Sean City Hall, 142 North Ohio https://msc.fema.gov/portal/ May 17, 2021 ..... 480133 Denton. (20–06– Terry, Mayor, City of Street, Celina, TX advanceSearch. 2234P). Celina, 142 North Ohio 75009. Street, Celina, TX 75009. Collin ...... City of Princeton Mr. Derek Borg, City of City Hall, 123 West https://msc.fema.gov/portal/ Apr. 30, 2021 ..... 480757 (20–06– Princeton Manager, 123 Princeton Drive, Prince- advanceSearch. 2556P). West Princeton Drive, ton, TX 75407. Princeton, TX 75407. Collin ...... City of Sachse Ms. Gina Nash, City of Engineering Department, https://msc.fema.gov/portal/ Jun. 4, 2021 ...... 480186 (20–06– Sachse Manager, 3815 3815 Sachse Road, advanceSearch. 2901P). Sachse Road, Building Building B, Sachse, TX B, Sachse, TX 75048. 75048.

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Location and Chief executive officer of Community map Online location of letter of map Date of Community State and county case No. community repository revision modification No.

Collin ...... City of Wylie The Honorable Matthew Engineering Department, https://msc.fema.gov/portal/ Jun. 4, 2021 ...... 480759 (20–06– Porter, Mayor, City of 300 Country Club advanceSearch. 2901P). Wylie, 300 Country Road, Building 100, Club Road, Building Wylie, TX 75098. 100, Wylie, TX 75098. Collin and Town of Prosper The Honorable Ray Engineering Services De- https://msc.fema.gov/portal/ May 24, 2021 ..... 480141 Denton. (20–06– Smith, Mayor, Town of partment, 250 West 1st advanceSearch. 1821P). Prosper, P.O. Box 307, Street, Prosper, TX Prosper, TX 75078. 75078. Collin ...... Town of Prosper The Honorable Ray Engineering Services De- https://msc.fema.gov/portal/ May 17, 2021 ..... 480141 (20–06– Smith, Mayor, Town of partment, 250 West 1st advanceSearch. 2234P). Prosper, P.O. Box 307, Street, Prosper, TX Prosper, TX 75078. 75078. Comal ...... Unincorporated The Honorable Sherman Comal County Engineer- https://msc.fema.gov/portal/ May 20, 2021 ..... 485463 areas of Comal Krause, Comal County ing Department, 195 advanceSearch. County (20– Judge, 100 Main Plaza, David Jonas Drive, New 06–1966P). New Braunfels, TX Braunfels, TX 78132. 78130. Denton ...... Unincorporated The Honorable Andy Denton County Develop- https://msc.fema.gov/portal/ May 24, 2021 ..... 480774 areas of Den- Eads, Denton County ment Services Depart- advanceSearch. ton County Judge, 110 West Hick- ment, 3900 Morse (20–06– ory Street, 2nd Floor, Street, Denton, TX 1821P). Denton, TX 76201. 76208. Denton ...... Unincorporated The Honorable Andy Denton County Develop- https://msc.fema.gov/portal/ May 17, 2021 ..... 480774 areas of Den- Eads, Denton County ment Services Depart- advanceSearch. ton County Judge, 110 West Hick- ment, 3900 Morse (20–06– ory Street, 2nd Floor, Street, Denton, TX 2234P). Denton, TX 76201. 76208. Lubbock ...... City of Lubbock The Honorable Dan Pope, Engineering Department, https://msc.fema.gov/portal/ Jun. 10, 2021 ..... 480452 (20–06– Mayor, City of Lubbock, 1314 Avenue K, 7th advanceSearch. 2140P). P.O. Box 2000, Lub- Floor, Lubbock, TX bock, TX 79457. 79401. Lubbock ...... Unincorporated The Honorable Curtis Par- Lubbock County Public https://msc.fema.gov/portal/ Jun. 10, 2021 ..... 480915 areas of Lub- rish, Lubbock County Works Department, 904 advanceSearch. bock County Judge, 904 Broadway Broadway Street, Lub- (20–06– Street, Suite 101, Lub- bock, TX 79401. 2140P). bock, TX 79401. Virginia: Loudoun Unincorporated Mr. Tim Hemstreet, Loudoun County Mapping https://msc.fema.gov/portal/ Jun. 14, 2021 ..... 510090 areas of Loudoun County Ad- and Geographic Infor- advanceSearch. Loudoun ministrator, P.O. Box mation (GIS) Depart- County (20– 7000, Leesburg, VA ment, 1 Harrison Street 03–1253P). 20177. Southeast, Leesburg, VA 20177.

[FR Doc. 2021–04979 Filed 3–9–21; 8:45 am] Flood Insurance Study (FIS) reports, circulation, any person has 90 days in BILLING CODE 9110–12–P prepared by the Federal Emergency which to request through the Management Agency (FEMA) for each community that the Deputy Associate community, is appropriate because of Administrator for Insurance and DEPARTMENT OF HOMELAND new scientific or technical data. The Mitigation reconsider the changes. The SECURITY FIRM, and where applicable, portions of flood hazard determination information the FIS report, have been revised to may be changed during the 90-day Federal Emergency Management reflect these flood hazard period. Agency determinations through issuance of a ADDRESSES: The affected communities [Docket ID FEMA–2021–0002; Internal Letter of Map Revision (LOMR), in Agency Docket No. FEMA–B–2116] accordance with Federal Regulations. are listed in the table below. Revised The LOMR will be used by insurance flood hazard information for each Changes in Flood Hazard agents and others to calculate community is available for inspection at Determinations appropriate flood insurance premium both the online location and the rates for new buildings and the contents respective community map repository AGENCY: Federal Emergency of those buildings. For rating purposes, address listed in the table below. Management Agency, Department of the currently effective community Additionally, the current effective FIRM Homeland Security. number is shown in the table below and and FIS report for each community are ACTION: Notice. must be used for all new policies and accessible online through the FEMA Map Service Center at https:// SUMMARY: This notice lists communities renewals. msc.fema.gov for comparison. where the addition or modification of DATES: These flood hazard Base Flood Elevations (BFEs), base flood determinations will be finalized on the Submit comments and/or appeals to depths, Special Flood Hazard Area dates listed in the table below and the Chief Executive Officer of the (SFHA) boundaries or zone revise the FIRM panels and FIS report community as listed in the table below. designations, or the regulatory floodway in effect prior to this determination for FOR FURTHER INFORMATION CONTACT: Rick (hereinafter referred to as flood hazard the listed communities. Sacbibit, Chief, Engineering Services determinations), as shown on the Flood From the date of the second Branch, Federal Insurance and Insurance Rate Maps (FIRMs), and publication of notification of these Mitigation Administration, FEMA, 400 where applicable, in the supporting changes in a newspaper of local C Street SW, Washington, DC 20472,

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(202) 646–7659, or (email) and are in accordance with the National Federal, State, or regional entities. The [email protected]; or visit Flood Insurance Act of 1968, 42 U.S.C. flood hazard determinations are in the FEMA Mapping and Insurance 4001 et seq., and with 44 CFR part 65. accordance with 44 CFR 65.4. eXchange (FMIX) online at https:// The FIRM and FIS report are the basis The affected communities are listed in www.floodmaps.fema.gov/fhm/fmx_ of the floodplain management measures the following table. Flood hazard main.html. that the community is required either to determination information for each adopt or to show evidence of having in SUPPLEMENTARY INFORMATION: The community is available for inspection at effect in order to qualify or remain both the online location and the specific flood hazard determinations are qualified for participation in the not described for each community in respective community map repository National Flood Insurance Program address listed in the table below. this notice. However, the online (NFIP). location and local community map Additionally, the current effective FIRM These flood hazard determinations, and FIS report for each community are repository address where the flood together with the floodplain accessible online through the FEMA hazard determination information is management criteria required by 44 CFR Map Service Center at https:// available for inspection is provided. 60.3, are the minimum that are required. msc.fema.gov for comparison. Any request for reconsideration of They should not be construed to mean flood hazard determinations must be that the community must change any (Catalog of Federal Domestic Assistance No. submitted to the Chief Executive Officer existing ordinances that are more 97.022, ‘‘Flood Insurance.’’) of the community as listed in the table stringent in their floodplain Michael M. Grimm, below. management requirements. The Assistant Administrator for Risk The modifications are made pursuant community may at any time enact Management, Department of Homeland to section 201 of the Flood Disaster stricter requirements of its own or Security, Federal Emergency Management Protection Act of 1973, 42 U.S.C. 4105, pursuant to policies established by other Agency.

Location and Chief executive Community map Online location of Date of Community State and county case No. officer of community repository letter of map revision modification No.

Arizona: Maricopa Unin- The Honorable Flood Control District of https://msc.fema.gov/por- Apr. 30, 2021 040037. corporated Jack Sellers, Maricopa County, 2801 tal/advanceSearch. Areas of Chairman, West Durango Street, Maricopa Board of Su- Phoenix, AZ 85009. County (21– pervisors, Mar- 09–0181X).. icopa County, 301 West Jef- ferson Street, 10th Floor, Phoenix, AZ 85003. Mohave ...... City of Bullhead The Honorable Tom Public Works Department, https://msc.fema.gov/portal/ Jun. 9, 2021 ...... 040125 City (20–09– Brady, Mayor, City of 2355 Trane Road, Bull- advanceSearch. 0730P). Bullhead City, 2355 head City, AZ 86442. Trane Road, Bullhead City, AZ 86442. California ...... Orange City of The Honorable Lyn City Hall, 2000 Main https://msc.fema.gov/portal/ Dec. 17, 2020 .... 065034 Huntington Semeta, Mayor, City of Street, Huntington advanceSearch. Beach (20–09– Huntington Beach, 2000 Beach, CA 92648. 0545P). Main Street, Huntington Beach, CA 92648. Orange ...... Unincorporated The Honorable Michelle Orange County Flood https://msc.fema.gov/portal/ Dec. 17, 2020 .... 060212 Areas of Or- Steel, Chair, Board of Control Division, H.G. advanceSearch. ange County Supervisors, Orange Osborne Building, 300 (20–09– County, 333 West North Flower Street, 7th 0545P). Santa Ana Boulevard, Floor, Santa Ana, CA Santa Ana, CA 92701. 92703. Sacramento .... Unincorporated The Honorable Phil Sacramento County, De- https://msc.fema.gov/portal/ May 11, 2021 ..... 060262 Areas of Sac- Serna, Chairman, partment of Water Re- advanceSearch. ramento Coun- Board of Supervisors, sources, 827 7th Street, ty, (20–09– Sacramento County, Room 301, Sac- 0760P). 700 H Street, Suite ramento, CA 95814. 2450, Sacramento, CA 95814. San City of San The Honorable John City Hall, 300 North D https://msc.fema.gov/portal/ Apr. 28, 2021 ..... 060281 Bernardino. Bernardino Valdivia, Mayor, City of Street, San Bernardino, advanceSearch. (20–09– San Bernardino, 290 CA 92418. 1133P). North D Street, San Bernardino, CA 92401. San Unincorporated The Honorable Curt San Bernardino County https://msc.fema.gov/portal/ Apr. 28, 2021 ..... 060270 Bernardino. Areas of San Hagman, Chairman, Public Works, Water advanceSearch. Bernardino Board of Supervisors, Resources Department, County (20– San Bernardino County, 825 East 3rd Street, 09–1133P). 385 North Arrowhead San Bernardino, CA Avenue, 5th Floor, San 92415. Bernardino, CA 92415. San Mateo City of Belmont The Honorable Charles Public Works Department, https://msc.fema.gov/portal/ May 20, 2021 ..... 065016 County. (20–09– Stone, Mayor, City of 1 Twin Pines Lane, Bel- advanceSearch. 1412P). Belmont, 1 Twin Pines mont, CA 94002. Lane, Belmont, CA 94002. Illinois:

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Location and Chief executive Community map Online location of Date of Community State and county case No. officer of community repository letter of map revision modification No.

Cook ...... City of Markham The Honorable Roger A. City Hall, 16313 South https://msc.fema.gov/portal/ Jun. 16, 2021 ..... 175169 (20–05– Agpawa, Mayor, City of Kedzie Parkway, Mark- advanceSearch. 2119P). Markham, 16313 ham, IL 60428. Kedzie Parkway, Mark- ham, IL 60428. Cook ...... Unincorporated The Honorable Toni Cook County Building and https://msc.fema.gov/portal/ Jun. 16, 2021 ..... 170054 Areas of Cook Preckwinkle, County Zoning Department, 69 advanceSearch. County (20– Board President Cook West Washington, Suite 05–2119P). County, 118 North 2830, Chicago, IL Clark Street, Room 60602. 537, Chicago, IL 60602. DuPage ...... Village of Lisle The Honorable Chris- Village Hall, 925 Bur- https://msc.fema.gov/portal/ Jun. 1, 2021 ...... 170211 (20–05– topher Pecak, Mayor, lington Avenue, Lisle, IL advanceSearch. 3529P). Village of Lisle, 925 60532. Burlington Avenue, Lisle, IL 60532. Will ...... City of Lockport The Honorable Steven Public Works and Engi- https://msc.fema.gov/portal/ Jun. 11, 2021 ..... 170703 (21–05– Streit, Mayor, City of neering, 17112 South advanceSearch. 0834P). Lockport, 222 East 9th Prime Boulevard, Lock- Street, Lockport, IL port, IL 60441. 60441. Will ...... Unincorporated The Honorable Jennifer Land Use Department, 58 https://msc.fema.gov/portal/ Jun. 11, 2021 ..... 170695 Areas of Will Bertino-Tarrant, Will East Clinton Street, advanceSearch. County (21– County Executive, Will Suite 100, Joliet, IL 05–0834P). County Office Building, 60432. 302 North Chicago Street, Joliet, IL 60432. Indiana: Marion ..... City of Indianap- The Honorable Joe City Hall, 1200 Madison https://msc.fema.gov/portal/ May 24, 2021 ..... 180159 olis (20–05– Hogsett, Mayor, City of Avenue, Suite 100, Indi- advanceSearch. 3684P). Indianapolis, 200 East anapolis, IN 46225. Washington Street, Suite 2501 Indianapolis, IN 46204. Kansas: Leavenworth .. City of Basehor The Honorable David City Hall, 2620 North https://msc.fema.gov/portal/ May 12, 2021 ..... 200187 (20–07– Breuer, Mayor, City of 155th Street, Basehor, advanceSearch. 1131P). Basehor, P.O. Box 406, KS 66007. Basehor, KS 66007. Leavenworth .. Unincorporated Mr. Doug Smith, Chair- Leavenworth County https://msc.fema.gov/portal/ May 12, 2021 ..... 200186 Areas of Leav- man, Board of County Courthouse, 300 Wal- advanceSearch. enworth Coun- Commissioners Leaven- nut Street, Leaven- ty (20–07– worth County, 300 Wal- worth, KS 66048. 1131P). nut Street, Suite 225, Leavenworth, KS 66048. Michigan: Macomb City of Fraser The Honorable Michael City Hall, 33000 Garfield https://msc.fema.gov/portal/ May 28, 2021 ..... 260122 (20–05– Carnagie, Mayor, City Road, Fraser, MI advanceSearch. 3517P). of Fraser, 33000 Gar- 48026. field Road, Fraser, MI 48026. Missouri: Jasper .... City of Joplin The Honorable Ryan City Hall, 602 South Main https://msc.fema.gov/portal/ Jun. 3, 2021 ...... 290183 (20–07– Stanley, Mayor, City of Street, Joplin, MO advanceSearch. 1062P). Joplin, City Hall, 5th 64801. Floor, 602 South Main Street, Joplin, MO 64801. Washington: Jeffer- Unincorporated Ms. Kate Dean, County Jefferson County Depart- https://msc.fema.gov/portal/ May 11, 2021 ..... 530069 son. Areas of Jef- Commissioner, Jeffer- ment of Community De- advanceSearch. ferson County son County Board of velopment, 621 Sheri- (20–10– County Commissioners, dan Street, Port Town- 1157P). P.O. Box 1220, Port send, WA 98368. Townsend, WA 98368. Wisconsin: Keno- Village of Mr. George Stoner, Board Village Hall, 7511 12th https://msc.fema.gov/portal/ Jun. 14, 2021 ..... 550406 sha. Somers (17– of Trustees President, Street, Kenosha, WI advanceSearch. 05–6202P). Village of Somers, 7511 53144. 12th Street, Kenosha, WI 53171.

[FR Doc. 2021–04981 Filed 3–9–21; 8:45 am] BILLING CODE 9110–12–P

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DEPARTMENT OF THE INTERIOR Park Service is not responsible for the notifying The Chickasaw Nation that determinations in this notice. this notice has been published. National Park Service History and Description of the Cultural Dated: February 25, 2021. [NPS–WASO–NAGPRA–NPS0031570; Item Melanie O’Brien, PPWOCRADN0–PCU00RP14.R50000] At an unknown date, one cultural Manager, National NAGPRA Program. Notice of Intent To Repatriate Cultural item was removed from a burial mound [FR Doc. 2021–04977 Filed 3–9–21; 8:45 am] Items: Kentucky Museum, Western in Stewart County, TN, by the Bureau of BILLING CODE 4312–52–P Kentucky University, Bowling Green, American Ethnology. On June 14, 1927, KY the item was transferred to the U.S. National Museum. On May 2, 1939, the INTERNATIONAL TRADE AGENCY: National Park Service, Interior. item was transferred to Western COMMISSION ACTION: Notice. Kentucky State Teachers College. This unassociated funerary object is a hoe [Investigation No. 337–TA–976 (Rescission)] SUMMARY: The Kentucky Museum, (Catalog #336976). Certain Woven Textile Fabrics and Western Kentucky University, in Although provenance information for Products Containing Same; consultation with the appropriate this unassociated funerary object is Commission Decision Instituting a Indian Tribes or Native Hawaiian extremely limited, the available Rescission Proceeding and Granting a organizations, has determined that the documentary evidence assigns its Petition for Rescission of a General cultural item listed in this notice meets excavation to a mound in Stewart Exclusion Order and Seizure and the definition of an unassociated County, TN. A relationship of shared Forfeiture Orders; Termination of funerary object. Lineal descendants or group identity can reasonably be traced Rescission Proceeding representatives of any Indian Tribe or between the Muskogean linguistic Native Hawaiian organization not cultures and this object based on AGENCY: U.S. International Trade identified in this notice that wish to evidence linking the Chickasaw people Commission. claim this cultural item should submit to the southeastern United States, ACTION: Notice. a written request to The Kentucky including Tennessee, as documented in Museum, Western Kentucky University. the Treaty of 1816. SUMMARY: Notice is hereby given that If no additional claimants come the U.S. International Trade forward, transfer of control of the Determinations Made by the Kentucky Museum, Western Kentucky University Commission (‘‘Commission’’) has cultural item to the lineal descendants, determined to institute a rescission Indian Tribes, or Native Hawaiian Officials of The Kentucky Museum, proceeding in the above-captioned organizations stated in this notice may Western Kentucky University have investigation and rescind the general proceed. determined that: exclusion order (‘‘GEO’’) and seizure • DATES: Lineal descendants or Pursuant to 25 U.S.C. 3001(3)(B), and forfeiture orders (‘‘SFOs’’) representatives of any Indian Tribe or the one cultural item described above is previously issued in the investigation. Native Hawaiian organization not reasonably believed to have been placed The GEO and SFOs are hereby identified in this notice that wish to with or near individual human remains rescinded, and the rescission claim this cultural item should submit at the time of death or later as part of proceeding is terminated. the death rite or ceremony and is a written request with information in FOR FURTHER INFORMATION CONTACT: believed, by a preponderance of the support of the claim to The Kentucky Sidney A. Rosenzweig, Esq., Office of evidence, to have been removed from a Museum, Western Kentucky University the General Counsel, U.S. International specific burial site of a Native American at the address in this notice by April 9, Trade Commission, 500 E Street SW, 2021. individual. • Pursuant to 25 U.S.C. 3001(2), there Washington, DC 20436, telephone (202) ADDRESSES: Sandy Staebell, Kentucky 708–2532. Copies of non-confidential Museum, Western Kentucky University, is a relationship of shared group identity that can be reasonably traced documents filed in connection with this 1906 College Heights Blvd., #11092, investigation may be viewed on the Bowling Green, KY 42101, telephone between the unassociated funerary object and The Chickasaw Nation. Commission’s electronic docket (EDIS) (270) 745–6260, email sandy.staebell@ at https://edis.usitc.gov. For help wku.edu. Additional Requestors and Disposition accessing EDIS, please email SUPPLEMENTARY INFORMATION: Notice is Lineal descendants or representatives [email protected]. General here given in accordance with the of any Indian Tribe or Native Hawaiian information concerning the Commission Native American Graves Protection and organization not identified in this notice may also be obtained by accessing its Repatriation Act (NAGPRA), 25 U.S.C. that wish to claim this cultural item internet server at https://www.usitc.gov. 3005, of the intent to repatriate a should submit a written request with Hearing-impaired persons are advised cultural item under the control of the information in support of the claim to that information on this matter can be Kentucky Museum, Western Kentucky Sandy Staebell, Kentucky Museum, obtained by contacting the University, Bowling Green, KY, that Western Kentucky University, 1906 Commission’s TDD terminal, telephone meets the definition of an unassociated College Heights Blvd., #11092, Bowling (202) 205–1810. funerary object under 25 U.S.C. 3001. Green, KY 42101, telephone (270) 745– SUPPLEMENTARY INFORMATION: The This notice is published as part of the 6260, email [email protected], by Commission instituted this investigation National Park Service’s administrative April 9, 2021. After that date, if no on December 18, 2015, based on a responsibilities under NAGPRA, 25 additional claimants have come supplemented and twice-amended U.S.C. 3003(d)(3). The determinations in forward, transfer of control of the complaint filed by AAVN, Inc. of this notice are the sole responsibility of unassociated funerary object to The Richardson, Texas (‘‘AAVN’’). 80 FR the museum, institution, or Federal Chickasaw Nation may proceed. 79094 (Dec. 18, 2015). The complaint agency that has control of the Native The Kentucky Museum, Western alleged violations of section 337 of the American cultural items. The National Kentucky University is responsible for Tariff Act of 1930, as amended (19

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U.S.C. 1337) (‘‘section 337’’), in the is difficult to identify the source and at 3. AAVN recognizes that the GEO was importation into the United States, the manufacturers of the falsely advertised originally issued to redress substantial sale for importation, or the sale within products,’’ because ‘‘U.S. retailers fail to injury to AAVN, 19 U.S.C. the United States after importation of identify the manufacturer, importer or 1337(a)(1)(A), but states that ‘‘AAVN is certain woven textile fabrics and seller of the textile products at the point ultimately in the best position to products containing same, by reason of of sale.’’ Id. at 18. Nor do import records evaluate injury to itself,’’ and that infringement of claims 1–7 of U.S. ‘‘reveal the names of the original rescission of the Commission remedial Patent No. 9,131,790 and/or by reason of manufacturers of the materials used to orders (the GEO and the SFOs issued false advertising. The notice of construct the imported products.’’ Id. pursuant to it) ‘‘would be less injurious investigation named fifteen Accordingly, the ALJ found ‘‘that the to [AAVN] than continued enforcement respondents. In the course of the evidence shows that it is difficult, if not of the GEO.’’ AAVN Pet. at 3. AAVN investigation, fourteen of the named impossible, to identify the sources of the asserts that rescission of the GEO ‘‘may respondents were terminated from the falsely advertised goods.’’ Id. Based on in practice result in rescission of all investigation based upon settlement or these findings the ALJ recommended SFOs in this Investigation,’’ but that at entry of a consent order. See Order No. the issuance of a GEO. Id. least it seeks ‘‘rescission of the 21 at 2–3 (Nov. 10, 2016) (summarizing On December 20, 2016, the December 17, 2020 SFO,’’ EDIS Doc. ID the procedural history of the Commission issued a notice of a 728320. AAVN Pet at 3 n.2. On February investigation). The last remaining determination not to review Order No. 16, 2021, the Office of Unfair Import respondent was Pradip Overseas Ltd. of 21, resulting in a finding of a violation Investigations (‘‘OUII’’) responded in Ahmedabad, India (‘‘Pradip’’). The of section 337, and requesting written opposition to the petition. submissions on remedy, the public Office of Unfair Import Investigations Having reviewed the petition, the interest, and bonding. 81 FR 95195–96 (‘‘OUII’’) was also named as a party. opposition thereto, and the record of the AAVN accused Pradip of false (Dec. 27, 2016). On January 6, 2017, investigation, the Commission has advertising, specifically alleging that AAVN and OUII filed submissions on determined that the petition complies Pradip misrepresented the thread count these issues. On January 13, 2017, OUII with Commission Rule 210.76, 19 CFR of sheets manufactured in India, filed a reply to AAVN’s submission. No imported into the United States, and other submissions were received. 210.76. The Commission has sold in United States department stores. On March 20, 2017, the Commission determined to institute a rescission Second Am. Compl. ¶¶ 39–41, 80 (Nov. issued a GEO prohibiting the entry of proceeding and to grant the petition. 12, 2015); id. at Ex. 46 (‘‘800 Thread certain woven textile fabrics and Pursuant to section 337(k)(1), an Count’’ sheets measured at 252.7 products containing same that are exclusion order ‘‘shall continue in effect threads). Although Pradip responded to falsely advertised through a until the Commission finds . . . that the the complaint, Pradip later terminated misrepresentation of thread count. 82 conditions which led to such . . . order its relationship with its attorneys and FR 15,067 (Mar. 24, 2017). The no longer exist.’’ 19 U.S.C. 1337(k)(1); represented that it would not participate Commission found that the statutory see also 19 CFR 210.76(a)(1). AAVN’s in the remainder of the investigation. requirements for relief under section petition alleges that the exclusion of See Order No. 14 at 1 (Apr. 19, 2016); 337(d)(2), 19 U.S.C. 1337(d)(2), were articles pursuant to the GEO exacerbates see also 19 CFR 210.17 (failure to act). met and that the public interest factors rather than redresses any injury it faces On September 2, 2016, AAVN moved enumerated in section 337(d)(1), 19 from imports. Thus, the conditions that for leave to file a motion for summary U.S.C. 1337(d)(1), did not preclude led to the issuance of the GEO no longer determination of violation. The issuance of the statutory relief. 82 FR at exist, and the Commission has summary determination motion that 15068. determined to rescind the GEO. Because was appended argued, inter alia, that Subsequent to the issuance of the an SFO requires a predicate exclusion Pradip had violated section 337 by GEO, the Commission issued twelve order, there is no basis to continue falsely advertising the thread count of SFOs pursuant to section 337(i)(1), 19 enforcement of SFOs after rescission of its imported sheets and that the false U.S.C. 1337(i)(1). See EDIS Doc. ID Nos.: the underlying GEO. See 19 U.S.C. advertising was deceptive, material, and 668965; 668969; 668972; 668977; 1337(i)(B) (‘‘the article was previously injurious to AAVN. AAVN sought a 668980; 668982; 668984; 676164; denied entry into the United States by GEO and a 100 percent bond during the 676169; 681551; 681554; and 728320. reason of an order issued under period of Presidential review. See 19 On February 3, 2021, AAVN filed a subsection (d)’’). Accordingly, all SFOs U.S.C. 1337(d)(2), (j)(3). Pradip did not petition to rescind the GEO and SFOs in this investigation are likewise respond, allowing the ALJ to draw (‘‘AAVN Pet.’’). AAVN contends that it rescinded. The rescissions are effective adverse inferences against Pradip. See disagrees with the testing protocol used as of the date of the Order issued 19 CFR 210.17(c). On November 10, by Customs and Border Protection to herewith. 2016, the ALJ issued an initial determine whether imported articles The rescission proceeding is determination (Order No. 21) granting falsely advertise their thread counts. terminated. The GEO and all SFOs are the motion for summary determination. AAVN Pet. at 2. In particular, AAVN rescinded. contends that the methodology is too The ID finds that AAVN had shown a The Commission vote for this strict as compared to alleged testing violation of section 337 by reason of determination took place on March 4, conducted by independent testing false advertising under section 43 of the 2021. Lanham Act, 15 U.S.C. 1125(a)(1)(B). laboratories. Id. at 2–3. AAVN further Order No. 21 at 7–9, 13–15. As to contends that the ‘‘exclusion of goods, The authority for the Commission’s remedy, citing section 337(d)(2), 19 including from AAVN’s licensees and determinations is contained in section U.S.C. 1337(d)(2), which sets forth the customers, even after qualified 337 of the Tariff Act of 1930, as test for issuance of a GEO, id. at 16, the independent testing labs have amended (19 U.S.C. 1337), and in part ALJ found that ‘‘the evidence shows a confirmed the accuracy of those 210 of the Commission’s Rules of widespread pattern of violation of authorized products’ thread counts, Practice and Procedure (19 CFR part Section 337,’’ id. at 17. The ALJ also harms AAVN’s business and its 210). found that ‘‘the evidence shows that it standing with reputable importers.’’ Id. By order of the Commission.

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Issued: March 4, 2021. by accessing its internet server at Ericsson AB, Torshamnsgatan 23, Kista, Lisa Barton, https://www.usitc.gov. 16480 Stockholm, Sweden Secretary to the Commission. FOR FURTHER INFORMATION CONTACT: Telefonaktiebolaget LM Ericsson, [FR Doc. 2021–04923 Filed 3–9–21; 8:45 am] Katherine Hiner, Office of the Secretary, Torshamnsgatan 21, Kista, SE–164 83, BILLING CODE 7020–02–P Docket Services Division, U.S. Stockholm, Sweden International Trade Commission, Ericsson Inc., 6300 Legacy Drive, Plano, telephone (202) 205–1802. TX 75024 INTERNATIONAL TRADE SUPPLEMENTARY INFORMATION: (4) For the investigation so instituted, COMMISSION Authority: The authority for the Chief Administrative Law Judge, U.S. International Trade Commission, [Investigation No. 337–TA–1254] institution of this investigation is contained in section 337 of the Tariff shall designate the presiding Certain Semiconductor Devices, Act of 1930, as amended, 19 U.S.C. Administrative Law Judge. Wireless Infrastructure Equipment 1337, and in section 210.10 of the The Office of Unfair Import Containing the Same, and Components Commission’s Rules of Practice and Investigations will not be named as a Thereof; Notice of Institution of Procedure, 19 CFR 210.10 (2020). party to this investigation. Investigation Scope of Investigation: Having Responses to the complaint and the considered the complaint, the U.S. notice of investigation must be AGENCY: U.S. International Trade International Trade Commission, on submitted by the named respondents in Commission. March 4, 2021, Ordered that— accordance with section 210.13 of the Commission’s Rules of Practice and ACTION: Notice. (1) Pursuant to subsection (b) of Procedure, 19 CFR 210.13. Pursuant to section 337 of the Tariff Act of 1930, as SUMMARY: Notice is hereby given that a 19 CFR 201.16(e) and 210.13(a), as amended, an investigation be instituted complaint was filed with the U.S. amended in 85 FR 15798 (March 19, to determine whether there is a International Trade Commission on 2020), such responses will be violation of subsection (a)(1)(B) of February 4, 2021, under section 337 of considered by the Commission if section 337 in the importation into the the Tariff Act of 1930, as amended, on received not later than 20 days after the United States, the sale for importation, behalf of Samsung Electronics Co., Ltd. date of service by the complainants of or the sale within the United States after of Korea and Samsung Austin the complaint and the notice of importation of certain products Semiconductor, LLC of Austin, Texas. investigation. Extensions of time for identified in paragraph (2) by reason of The complaint alleges violations of submitting responses to the complaint infringement of one or more of claims section 337 based upon the importation and the notice of investigation will not 1–4 and 6–20 of the ’243 patent; claims into the United States, the sale for be granted unless good cause therefor is 1–15 of the ’697 patent; claims 1–3, 6– importation, and the sale within the shown. 8, 10–14, 16, 19, 20, 23, 24, and 26–29 United States after importation of Failure of a respondent to file a timely of the ’219 patent; and claims 1, 5–11, certain semiconductor devices, wireless response to each allegation in the 13, 15, and 18 of the ’719 patent; and infrastructure equipment containing the complaint and in this notice may be whether an industry in the United same, and components thereof by reason deemed to constitute a waiver of the States exists as required by subsection of infringement of certain claims of U.S. right to appear and contest the (a)(2) of section 337; Patent No. 9,748,243 (‘‘the ’243 patent’’); allegations of the complaint and this (2) Pursuant to section 210.10(b)(1) of U.S. Patent No. 9,018,697 (‘‘the ’697 notice, and to authorize the the Commission’s Rules of Practice and patent’’); U.S. Patent No. 9,048,219 (‘‘the administrative law judge and the Procedure, 19 CFR 210.10(b)(1), the ’219 patent’’); and U.S. Patent No. Commission, without further notice to plain language description of the 9,761,719 (‘‘the ’719 patent’’). The the respondent, to find the facts to be as accused products or category of accused complaint further alleges that an alleged in the complaint and this notice products, which defines the scope of the industry in the United States exists as and to enter an initial determination investigation, is ‘‘semiconductor required by the applicable Federal and a final determination containing devices, wireless infrastructure Statute. The complainants request that such findings, and may result in the equipment containing the same, the Commission institute an issuance of an exclusion order or a cease specifically base stations, modem units, investigation and, after the and desist order or both directed against boards, radio units, and digital units, as investigation, issue a limited exclusion the respondent. order and cease and desist orders. well as components thereof’’; (3) For the purpose of the By order of the Commission. ADDRESSES: The complaint, except for investigation so instituted, the following Issued: March 4, 2021. any confidential information contained are hereby named as parties upon which Lisa Barton, therein, may be viewed on the this notice of investigation shall be Secretary to the Commission. Commission’s electronic docket (EDIS) served: at https://edis.usitc.gov. For help [FR Doc. 2021–04902 Filed 3–9–21; 8:45 am] (a) The complainants are: accessing EDIS, please email BILLING CODE 7020–02–P [email protected]. Hearing impaired Samsung Electronics Co., Ltd., 129 individuals are advised that information Samsung ro (Maetan-dong), on this matter can be obtained by Yeongtong-gu Suwon-si, Gyeonggi-do DEPARTMENT OF JUSTICE contacting the Commission’s TDD 16677, Republic of Korea terminal on (202) 205–1810. Persons Samsung Austin Semiconductor, LLC, Antitrust Division with mobility impairments who will 12100 Samsung Blvd., Austin, Texas 78754 Notice Pursuant to the National need special assistance in gaining access Cooperative Research and Production to the Commission should contact the (b) The respondents are the following Act of 1993—Z-Wave Alliance, Inc. Office of the Secretary at (202) 205– entities alleged to be in violation of 2000. General information concerning section 337, and are the parties upon Notice is hereby given that, on the Commission may also be obtained which the complaint is to be served: February 2, 2021, pursuant to Section

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6(a) of the National Cooperative of this venture. Membership in this Act on November 30, 2020 (85 FR Research and Production Act of 1993, venture remains open, and Z-Wave 76604). 15 U.S.C. 4301 et seq. (the ‘‘Act’’), Z- Alliance, Inc. intends to file additional Wave Alliance, Inc. filed written written notifications disclosing all Suzanne Morris, notifications simultaneously with the changes in membership. Chief, Premerger and Division Statistics, Attorney General and the Federal Trade Antitrust Division. On November 19, 2020, Z-Wave Commission disclosing changes in its [FR Doc. 2021–04963 Filed 3–9–21; 8:45 am] Alliance, Inc. filed its original membership. The notifications were BILLING CODE 4410–11–P filed for the purpose of extending the notification pursuant to Section 6(a) of Act’s provisions limiting the recovery of the Act. The Department of Justice antitrust plaintiffs to actual damages published a notice in the Federal DEPARTMENT OF JUSTICE under specified circumstances. Register pursuant to Section 6(b) of the Specifically, Cherubini SPA, Bedizzole, Act on December 1, 2020 (85 FR 77241). Antitrust Division ITALY; Devicebook Inc., Bellevue, WA; Suzanne Morris, LINDSEY Technical Solutions, Notice Pursuant to the National Lakewood Ranch, FL; RG Nets, Inc., Chief, Premerger and Division Statistics, Cooperative Research and Production Antitrust Division. Reno, NV; SHARP FUKUYAMA Act of 1993—Cooperative Research SEMICONDUCTOR CO., LTD., [FR Doc. 2021–04976 Filed 3–9–21; 8:45 am] Group On Particle Sensor Performance Fukuyama, JAPAN; Yas Electronics BILLING CODE P and Durability Systems, Sharjah, UNITED ARAB EMIRATES; ZTE Corporation, Notice is hereby given that, on Guangdong, PEOPLE’S REPUBLIC OF DEPARTMENT OF JUSTICE February 16, 2021, pursuant to Section CHINA; Vivint SmartHome, Provo, UT; 6(a) of the National Cooperative Antitrust Division SHENZHEN SEI ROBOTICS CO., LTD, Research and Production Act of 1993, Shenzhen, PEOPLE’S REPUBLIC OF Notice Pursuant to the National 15 U.S.C. 4301 et seq. (‘‘the Act’’), CHINA; Syslink Technology Co., Ltd., Cooperative Research and Production Southwest Research Institute— Bangkok, THAILAND; Daikin Act of 1993—Dynamic Spectrum Cooperative Research Group on Particle Airconditioning (Singapore) Pte Ltd, Alliance, Inc. Sensor Performance and Durability Singapore, SINGAPORE; and Eneco, (‘‘PSPD–II’’) has filed written Rotterdam, THE NETHERLANDS have notifications simultaneously with the been added as parties to this venture. Notice is hereby given that, on And an existing member’s name was February 10, 2021, pursuant to Section Attorney General and the Federal Trade misspelled in the prior notice (85 FR 6(a) of the National Cooperative Commission disclosing changes in its 77241): Beaumotica, Breda, THE Research and Production Act of 1993, membership. The notifications were NETHERLANDS is the correct spelling 15 U.S.C. 4301 et seq. (‘‘the Act’’), filed for the purpose of extending the for ‘‘Beautmotica, Breda, THE Dynamic Spectrum Alliance, Inc. Act’s provisions limiting the recovery of NETHERLANDS.’’ (‘‘DSA’’) has filed written notifications antitrust plaintiffs to actual damages Also, Bridgetek Pte Ltd., Singapore, simultaneously with the Attorney under specified circumstances. SINGAPORE; Tantiv4 Inc., Milpitas, CA; General and the Federal Trade Specifically, Denso Corporation, Chuango Security Technology Company Commission disclosing changes in its Southfield, MI, has withdrawn as a Account, Fuzhou, PEOPLE’S REPUBLIC membership. The notifications were party to this venture. OF CHINA; Hank Electronics LTD., filed for the purpose of extending the No other changes have been made in Shenzhen, PEOPLE’S REPUBLIC OF Act’s provisions limiting the recovery of either the membership or planned CHINA; LinkedGo Technology Co. Ltd., antitrust plaintiffs to actual damages activity of the group research project. Guangzhou, PEOPLE’S REPUBLIC OF under specified circumstances. CHINA; EnLife, Haapsalu, ESTONIA; Membership in this group research Specifically, Council for Scientific and project remains open, and PSPD–II Gadget Access Pty Ltd, New South Industrial Research (CSIR), Pretoria, Wales, AUSTRALIA; Mad Rooster Home intends to file additional written SOUTH AFRICA has been added as a notifications disclosing all changes in Protection, Mercer, WI; Miguel party to this venture. Corporate Services Pte Ltd., Midview membership. City, SINGAPORE; Modern System No other changes have been made in On March 15, 2017, PSPD–II filed its Concepts, Inc., Houston, TX; Rejoin either the membership or planned original notification pursuant to Section Telematics AB, Orebro, SWEDEN; activity of the group research project. 6(a) of the Act. The Department of Resilient Smart Home Communications Membership in this group research Justice published a notice in the Federal LLC, Dallas, TX; Rigionn, Singapore, project remains open, and DSA intends Register pursuant to Section 6(b) of the SINGAPORE; Smart Things Electronics to file additional written notifications Act on April 14, 2017 (82 FR 18012). SRL, Ilfov, ROMANIA; Alfred Smart disclosing all changes in membership. The last notification was filed with Systems, S.L., Barcelona, SPAIN; Ei On September 1, 2020, DSA filed its Electronics, County Clare, IRELAND; the Department on May 11, 2020. A original notification pursuant to Section notice was published in the Federal Sheenway Asia Limited, Kowloon, 6(a) of the Act. The Department of HONG KONG; and Quby B.V., Register pursuant to Section 6(b) of the Justice published a notice in the Federal Act on May 19, 2020 (85 FR 29977). Amsterdam, THE NETHERLANDS have Register pursuant to Section 6(b) of the withdrawn from this venture. Act on September 18, 2020 (85 FR Suzanne Morris, And IOn Technologies, Jacksonville, 58390). FL was mistakenly identified in the Chief, Premerger and Division Statistics, prior notice (85 FR 77241) and is not a The last notification was filed with Antitrust Division. party to this venture. the Department on November 23, 2020. [FR Doc. 2021–04972 Filed 3–9–21; 8:45 am] No other changes have been made in A notice was published in the Federal BILLING CODE 4410–11–P the membership or the planned activity Register pursuant to Section 6(b) of the

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DEPARTMENT OF JUSTICE Complaint styled as a ‘‘Collaboration Agreement.’’ The United States of America brings As part of this agreement, Geisinger Antitrust Division this civil antitrust action to enjoin acquired a 30% interest in Evangelical. In exchange, Geisinger pledged to United States v. Evangelical Geisinger Health’s partial acquisition of Evangelical Community Hospital. provide $100 million to Evangelical for Community Hospital, et ano. Proposed investment projects and intellectual Final Judgment and Competitive Defendants’ agreement creates substantial financial entanglements property licensing. Impact Statement 6. The $100 million pledge, however, between these close competitors and was not made altruistically and is Notice is hereby given pursuant to the reduces both hospitals’ incentives to certainly not without strings. The Antitrust Procedures and Penalties Act, compete aggressively. As a result, this partial-acquisition agreement ties 15 U.S.C. 16(b)–(h), that a proposed transaction is likely to substantially Geisinger and Evangelical together in a Final Judgment, Stipulation, and lessen competition and unreasonably number of ways, fundamentally altering Competitive Impact Statement have restrain trade, resulting in harm to their relationship as competitors and been filed with the United States patients in the form of higher prices, curtailing their incentives to compete District Court for the Middle District of lower quality, and reduced access to independently for patients. Patients and Pennsylvania in United States of high-quality inpatient hospital services other purchasers of healthcare in central America v. Evangelical Community in central Pennsylvania. Hospital and Geisinger Health, Civil Pennsylvania likely will be harmed as a Action No. 4:20–cv–01383–MWB. On I. Introduction result of this diminished competition. August 5, 2020, the United States filed 1. Geisinger and Evangelical are, II. Jurisdiction and Venue a Complaint alleging that Geisinger’s respectively, the largest health system 7. This Court has subject-matter partial acquisition of Evangelical would and largest independent community jurisdiction under Section 4 of the violate Section 1 of the Sherman Act, 15 hospital in a six-county region in central Sherman Act, 15 U.S.C. 4, Section 15 of U.S.C. 1 and Section 7 of the Clayton Pennsylvania. For many patients in this the Clayton Act, 15 U.S.C. 25, and 28 Act, 15 U.S.C. 18. The proposed Final region, Geisinger and Evangelical are U.S.C. 1331, 1337, and 1345. Judgment requires Geisinger and close substitutes for the provision of 8. Defendants are engaged in activities Evangelical to amend the transaction to inpatient general acute-care services. As that substantially affect interstate cap Geisinger’s ownership interest in the CEO of Evangelical explained in an commerce. Defendants provide Evangelical at a 7.5% passive interest interview describing the transaction healthcare services for which and to eliminate additional with Geisinger, ‘‘if you don’t get your employers, insurers, and individual entanglements between the two care here [at Evangelical], you get it patients remit payments across state competing hospitals. there [at Geisinger].’’ lines. Defendants also purchase supplies Copies of the Complaint, proposed 2. Geisinger competes for virtually all and equipment that are shipped across Final Judgment, and Competitive Impact of the services that Evangelical state lines, and they otherwise Statement are available for inspection provides, with Geisinger also offering participate in interstate commerce. on the Antitrust Division’s website at some high-end, specialized services that 9. Venue is proper under Section 12 http://www.justice.gov/atr and at the Evangelical does not offer. This of the Clayton Act, 15 U.S.C. 22, and Office of the Clerk of the United States competition between Geisinger and under 28 U.S.C. 1391(b) and (c). District Court for the Middle District of Evangelical has improved the quality, 10. This Court has personal Pennsylvania. Copies of these materials availability, and price of inpatient jurisdiction over each Defendant. may be obtained from the Antitrust general acute-care services in the region. Geisinger and Evangelical are both Division upon request and payment of 3. In late 2017, Evangelical incorporated in the Commonwealth of the copying fee set by Department of announced to Geisinger and other Pennsylvania with their principal place Justice regulations. industry participants that it was of business located in the Middle Public comment is invited within 60 considering selling itself or entering into District of Pennsylvania. days of the date of this notice. Such a strategic partnership with another comments, including the name of the hospital system or healthcare entity. III. Defendants and the Agreement submitter, and responses thereto, will be This announcement raised concerns for 11. Geisinger Health is an integrated posted on the Antitrust Division’s Geisinger, which had long feared that healthcare provider of hospital and website, filed with the Court, and, under Evangelical could partner with a physician services. Geisinger operates certain circumstances, published in the hospital system or insurer to compete 12 hospitals in Pennsylvania and New Federal Register. Comments should be even more intensely with Geisinger. A Jersey and owns physician practices submitted in English and directed to more effective competitor could put throughout Pennsylvania, with a Eric D. Welsh, Chief, Healthcare and Geisinger’s revenues at risk. significant presence in the central and Consumer Products Section, Antitrust 4. In an effort to forestall that outcome northeastern portions of the state. Division, Department of Justice, 450 and eliminate existing competition from Geisinger also operates urgent-care Fifth Street NW, Suite 4100, Evangelical, Geisinger sought to acquire centers and other outpatient facilities in Washington, DC 20530. Evangelical in its entirety, making a bid Pennsylvania and New Jersey. As of Suzanne Morris, for its rival that was substantially larger April 2020, the Geisinger system Chief, Premerger and Division Statistics, than any comparable offer. During employed approximately 32,000 Antitrust Division. negotiations, however, both Geisinger employees, including 1,800 physicians. and Evangelical recognized that a 12. Geisinger’s flagship hospital, United States District Court for the merger between the two hospitals would Geisinger Medical Center, is located in Middle District of Pennsylvania likely be blocked on antitrust grounds. Danville, Pennsylvania, and is licensed United States of America, Plaintiff, V. So instead, Defendants tried a strategy to accommodate 574 overnight patients. Geisinger Health, and Evangelical to avoid antitrust scrutiny. Geisinger operates three other hospitals Community Hospital, Defendants. 5. On February 1, 2019, Defendants in the area: Geisinger Shamokin (70 Civil Action No.: agreed to a partial acquisition—self- beds), Geisinger Jersey Shore (25 beds),

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and Geisinger Bloomsburg (76 beds). In 19. The competition between 23. Geisinger would have strongly addition, Geisinger operates several Geisinger and Evangelical to attract preferred to fully acquire Evangelical urgent-care centers and other outpatient patients is reflected in their plans for and initially submitted a bid for a full facilities within the area. capital investments. When planning for acquisition, as it has done in the past 13. Geisinger also operates Geisinger the future, competition between with other community hospitals. Given Health Plan, an insurance company that Geisinger and Evangelical affects the the competition described above, sells commercial health insurance, capital investments each chooses to however, Defendants quickly recognized Medicare, and Medicaid products. make. For example, in 2016, when that a full acquisition would likely Geisinger Health Plan has Evangelical’s CEO was explaining to the violate the antitrust laws. Evangelical’s approximately 600,000 members. hospital’s board why she recommended CEO explained in a video interview that 14. Geisinger has a history of constructing a new orthopedic facility, ‘‘the state and federal government looks acquiring community hospitals in she said that Evangelical was at these kinds of things for antitrust . . . Pennsylvania. From 2012 to 2017, ‘‘vulnerable to GMC [Geisinger Medical and you can’t create a monopoly. And Geisinger acquired six hospitals in Center] in orthopedics.’’ Similarly, in so you know the reality of it is even if Pennsylvania. Three of the four considering capital expenditures for they wanted to, Geisinger would not hospitals that Geisinger owns in the certain improvements to its facilities in have been able to acquire us.’’ area, Shamokin, Jersey Shore, and 2018, Geisinger cited Evangelical’s Geisinger’s documents similarly note Bloomsburg, were formerly independent competitive activities. that a full acquisition of Evangelical hospitals, and two of those hospitals 20. Geisinger and Evangelical also ‘‘[p]resented serious anti-trust were the subject of previous antitrust compete against each other in their concerns.’’ challenges. negotiations with insurers. For example, 24. Instead of a full merger, Geisinger 15. Evangelical Community Hospital insurers have used Evangelical’s lower and Evangelical concocted the is an independent community hospital prices for inpatient general acute-care complicated partial-acquisition services to negotiate lower prices for agreement at issue in this case, in part, in Lewisburg, Pennsylvania. The those services from Geisinger. to avoid antitrust scrutiny. After the hospital is licensed to accommodate 132 21. Geisinger and Evangelical also letter of intent for the agreement was overnight patients. As of December have engaged in direct price signed, for example, a senior employee 2018, Evangelical employed competition for members of several at Geisinger wrote that the agreement approximately 1,800 individuals and religious communities that include was ‘‘[k]inda smart really’’ because it had 170 physicians on staff. Evangelical Amish and Mennonite practitioners, ‘‘[d]oes not require AG [Attorney also owns a number of physician who Defendants refer to as the ‘‘Plain General] approval.’’ Nevertheless, the practices in central Pennsylvania and Community.’’ Members of the Plain Antitrust Division learned of the operates an urgent-care center and Community generally pay their medical agreement and opened an antitrust several other outpatient facilities. bills directly and do not rely on any investigation shortly after the agreement A. Defendants Are Close Competitors in form of health insurance. In 2018, for was executed. Central Pennsylvania example, an Evangelical physician 25. Initially, Defendants’ partial- obtained, and circulated to Evangelical acquisition agreement was replete with 16. Geisinger and Evangelical both executives, Geisinger’s then-current provisions evidencing Geisinger’s intent provide inpatient general acute-care Plain Community discount program. to substantially limit competition by services to patients in central After learning about Geisinger’s newly controlling its close competitor and Pennsylvania and together provide care lowered prices, Evangelical lowered its replacing competition with for the vast majority of patients living in prices in response, and Evangelical’s ‘‘cooperation’’ (as would occur in a full Danville and Lewisburg, Pennsylvania, CFO sent a letter to members of the merger), such as Geisinger’s right to and the surrounding communities. Plain Community with the new pricing appoint six members to the Evangelical 17. Defendants are particularly close ‘‘[s]o that they would know that our board of directors, the potential for competitors in the six-county area in rates were lower.’’ Evangelical’s CEO Geisinger to fund revenue lost by central Pennsylvania comprised of observed that Plain Community Evangelical, proposed joint ventures in Union, Snyder, Northumberland, business ‘‘has recently become more areas where Defendants historically Montour, Lycoming, and Columbia competitive as Geisinger has competed, and Geisinger’s right to have counties. significantly reduced its prices,’’ a say in who would be Evangelical’s 18. This six-county area has prompting Evangelical ‘‘to reduce its Chief Executive Officer. As a senior benefitted from competition between prices to the Plain Community in order Geisinger employee testified, ‘‘one of Geisinger and Evangelical. Geisinger to remain competitive.’’ Geisinger’s objectives was to integrate and Evangelical are each other’s closest . . . to the fullest extent possible.’’ competitor for many services and B. Recognizing That a Full Merger 26. Defendants twice amended their compete on dimensions that include Would Create an Illegal ‘‘Monopoly,’’ partial-acquisition agreement in quality, scope of services, and price. Geisinger Proposed a Partial Acquisition response to some of Plaintiff’s concerns. According to a Geisinger Health Plan That Would Increase Coordination Nevertheless, the provisions of the executive, Geisinger and Evangelical 22. As early as 2016, Geisinger had transaction illuminate Geisinger’s ‘‘care for the same people and identified that ‘‘[a]lignment’’ with motivation for doing this deal, which populations.’’ Geisinger and Evangelical Evangelical would provide it with survives despite these amendments. recognize that they compete closely to ‘‘[d]efensive positioning against More importantly, the anticompetitive provide inpatient general acute-care expansion by [UPMC] and/or affiliation effects of the agreement also survive. services, which include orthopedics, with [another] competitor.’’ When The amendments simply do not rectify women’s health, cardiac, and general Geisinger learned that Evangelical had the fundamental problems with the surgery services. Geisinger and engaged in a process to find a strategic agreement: Geisinger has acquired a Evangelical also recognize that they partner or acquirer, Geisinger was significant ownership interest in its compete to win patients at the expense concerned that Evangelical would close competitor and imposed of the other. partner with a different hospital system. significant entanglements between the

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two, likely leading to an impermissible 31. This financial entanglement also that compete for patients against service substantial lessening of competition reduces Geisinger’s incentives to lines offered by Geisinger. The between Geisinger and Evangelical. compete by investing in improvements agreement, however, lessens 27. As with a full merger, this partial- that would attract patients from Evangelical’s incentives to expand acquisition transaction would lessen Evangelical. If Geisinger expands its because it likely will not want to bite competition between Geisinger and services or improves the quality of its the hand that feeds it by disrupting its Evangelical as they cooperate and look services in areas in which it competes relationship with Geisinger. Evangelical for ‘‘wins’’ for both firms. As with Evangelical, it would attract instead may seek to cooperate with Evangelical’s CEO described in an patients at Evangelical’s expense, Geisinger, effectively agreeing not to interview discussing the deal, ‘‘there’s reducing the value of Geisinger’s 30% compete. For example, after the an economic principle called co- interest in Evangelical. transaction with Geisinger, an opetition. And you can cooperate, and 32. Thus, as a result of this Evangelical executive deleted you can compete. And as long as both transaction, both Defendants have the recommendations to independently sides find wins, it works.’’ Such incentive to pull their competitive expand Evangelical’s orthopedic statements are predictive of how these punches—incentives that would not offerings from a draft of Evangelical’s close competitors are likely to behave if exist in the absence of the agreement. three-year strategic plan and instead this transaction is allowed to proceed: 33. Improper influence. The focused on Evangelical’s partnership They will coordinate their activity to agreement also gives Geisinger influence with Geisinger in this area. Orthopedics ‘‘find wins’’ at the expense of robust over Evangelical, including over its is a service line in which Evangelical competition. Consumers will be on the ability to partner with others in the historically has competed closely with losing end of this bargain as prices future. The agreement gives Geisinger Geisinger, to the benefit of patients who increase and access to high-quality rights of first offer and first refusal with need orthopedic care. Even though services is diminished. respect to any future joint venture, Defendants claim to have abandoned the competitively significant asset sale, or C. The Transaction Is Likely to joint venture involving orthopedic change-of-control transaction by services that was originally described in Substantially Lessen Competition Evangelical, which ensures that Between Geisinger and Evangelical the partial-acquisition agreement, if this Geisinger will have the opportunity to transaction is not rescinded or enjoined, 28. Defendants’ transaction links interfere if Evangelical attempts to enter they are more likely to avoid Geisinger and Evangelical together in a into any of these transactions with a competition with each other as a result number of ways that fundamentally healthcare entity other than Geisinger. of their financial and other alter the relationship between them, These rights deter collaborations entanglements. reducing their incentives to attract all between Evangelical and other entities 36. Sharing of competitively sensitive patients away from each other by that compete with Geisinger because information. Further facilitating competing on the quality, scope, and Geisinger is given advance notice and is coordination, the transaction provides availability of inpatient general acute- able to delay or prevent the the means for Geisinger and Evangelical care services. The agreement also is collaboration. Such collaborations are to share competitively sensitive likely to lead Geisinger to raise prices to and have been an important dimension information by enabling ongoing commercial insurers and other of quality competition among hospitals. interactions between them. For purchasers of inpatient general acute- For example, if Evangelical wanted to example, the agreement provides the care services, resulting in harm to the enter into a joint venture with a health opportunity and means for Defendants consumer. system to enhance its cardiology to share competitively sensitive 29. Financial entanglement. Under services to better compete against information when Evangelical requests the agreement, Geisinger has acquired a Geisinger, Geisinger would receive that Geisinger disburse funds for 30% interest in Evangelical, its close advance notice and could exercise its strategic projects under the agreement rival. In exchange, Geisinger has rights of first offer or first refusal to because the agreement requires that committed to pay $100 million to attempt to prevent this competition. these requests be ‘‘supported by Evangelical over the next several years 34. Geisinger can also improperly appropriate business plans.’’ This and is poised to remain a critical source influence Evangelical through its right request necessarily would require of funding to Evangelical for the to approve Evangelical’s use of funds. sharing competitively sensitive foreseeable future. The $100 million The agreement allocates funds to information. consists of $90 million in cash—$88 Evangelical for specific projects or 37. The transaction also requires million of which is earmarked for service-line initiatives in specified Evangelical to inform Geisinger about specified projects approved by Geisinger amounts (e.g., $20 million for women’s any strategic partnerships, joint and $2 million of which is for health initiatives), including $2 million ventures, or other major transactions unspecified projects that Geisinger must for ‘‘other mutually agreeable Strategic with other hospital systems before those approve—and $10 million in attributed Project Investment projects.’’ In transactions are executed. In addition, value for intellectual property that addition, if Evangelical wants to spend Geisinger’s approval rights over certain Geisinger would license to Evangelical. any funds originating from Geisinger for Evangelical capital improvements 30. These financial arrangements purposes other than those described in provide additional opportunities for establish an indefinite partnership the agreement, it needs Geisinger’s Defendants to inappropriately share between Evangelical and Geisinger. As a approval. The transaction affords competitively sensitive information. senior Geisinger employee put it, Geisinger the right to withhold that These requirements will give Geisinger through this investment, Evangelical is approval if it believes that the project advance notice of its competitor’s ‘‘tied to us’’ so ‘‘they don’t go to a would enable Evangelical to compete in strategic moves and will facilitate competitor.’’ As a result, Evangelical is a way that Geisinger does not like. discussions between Geisinger and likely to avoid competing to enhance 35. Less independent expansion and Evangelical about Evangelical’s strategic the quality or scope of the services it more anticompetitive cooperation. For plans. offers, which would attract patients years, Evangelical has independently 38. Evangelical has publicly stated from Geisinger, its part owner. expanded in a number of service lines that it already has cooperative

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relationships with Geisinger, which • Geisinger and Evangelical This product market encompasses a increases the likelihood that Defendants established a co-branded urgent-care broad cluster of inpatient medical and will share such competitively sensitive center in Lewisburg that included a surgical diagnostic and treatment information. In fact, Defendants have non-compete clause. As Evangelical’s services offered by both Geisinger and already shared important competitive head of marketing explained to the Evangelical that require an overnight information as part of the agreement. In board, the venture allowed Evangelical hospital stay, including many discussions regarding joint ventures, ‘‘to build volume to our urgent care with orthopedic, cardiovascular, women’s Evangelical’s CEO sent her counterpart Geisinger as a partner rather than health, and general surgical services. at Geisinger a document that detailed potentially as a competitor.’’ 45. It is appropriate to evaluate the her thinking on Evangelical’s strategic 42. More concerning, senior agreement’s likely effects across the growth options. The transaction executives of Defendants entered into an cluster of inpatient general acute-care continues to contemplate joint ventures agreement not to recruit each other’s services. These specific services are not between the Defendants, and the employees—a so-called no-poach substitutes for each other (e.g., obstetrics inappropriate sharing of competitively agreement. Defendants’ no-poach care is not a substitute for hip sensitive information is likely to agreement—an agreement between replacement surgery), but it is continue. competitors, reached through verbal appropriate to consider them within one 39. Increased prices. The transaction exchanges and confirmed by email from relevant product market because the also creates incentives for Geisinger to senior executives—reduces competition services are offered to patients under raise prices to commercial insurers and between them to hire hospital personnel similar competitive conditions by other purchasers of inpatient general- and therefore directly harms healthcare similar market participants. There are acute care services. Because Geisinger workers seeking competitive pay and no practical substitutes for this cluster now owns 30% of Evangelical, it working conditions. Defendants have of inpatient general acute-care services. benefits when patients choose monitored each other’s compliance with 46. The relevant market excludes Evangelical instead of Geisinger because this unlawful agreement, and deviations outpatient services and specialized the value of its ownership interest in have been called out in an effort to services that are offered by Geisinger but Evangelical increases. This ability to enforce compliance. For example, after not Evangelical because these services partially recover the value of lost learning that nurses at Evangelical were are offered under different competitive patients through its ownership of being recruited by Geisinger via conditions than inpatient general acute- Evangelical gives Geisinger greater Facebook, the CEO of Evangelical wrote care services. Outpatient services are bargaining leverage in negotiations with to her counterpart at Geisinger, asking: services that generally do not require an insurers and the ability to set higher ‘‘Can you please ask that this stop[?] overnight hospital stay, and some prices for patients who lack insurance. Very counter to what we are trying to outpatient services are provided in D. Defendants Have a History of Picking accomplish.’’ After receiving the settings other than hospitals. Health and Choosing When To Compete With message, the Geisinger executive plans and the vast majority of patients Each Other, Which This Partial forwarded the email to Geisinger’s Vice who use inpatient general acute-care Acquisition Will Exacerbate, Deepening President of Talent Acquisition, services would not switch to outpatient Coordination at the Expense of instructing her to ‘‘ask your staff to stop services in response to a price increase. Competition this activity with Evangelical.’’ Similarly, the relevant market excludes Defendants’ no-poach agreement works the more specialized services that are 40. Although Geisinger and to insulate Defendants’ businesses from Evangelical are competitors for patients offered by Geisinger but not Evangelical, competition for healthcare such as certain advanced cancer in central Pennsylvania, they have professionals. previously engaged in coordinated services and organ transplants. These 43. This history of coordination services treat medical conditions that behavior, picking and choosing when to between Defendants increases the risk compete and when not to compete. This require more specialized medical that the additional entanglements training or equipment, so patients have tendency to coordinate their created by the partial-acquisition competitive behavior is reflected by a different set of competitive options for agreement will lead Geisinger and them. Evangelical’s CEO’s view of ‘‘co- Evangelical to coordinate even more opetition.’’ closely at the expense of consumers B. The Six-County Area in Central 41. Defendants’ prior acts of when it is beneficial for them to do so. Pennsylvania is a Relevant Geographic coordination, which are beneficial only Moreover, this history makes clear that Market to themselves, reinforce their dominant Defendants’ self-serving representations 47. The relevant geographic market is position for inpatient general acute-care about their intent to continue to services in central Pennsylvania. no larger than the six-county area that compete going forward—despite all of comprises the Pennsylvania counties of Defendants’ coordination comes at the the entanglements created by the expense of greater competition and has Union, Snyder, Northumberland, partial-acquisition agreement—cannot Montour, Lycoming, and Columbia (the taken various forms: be trusted. • Leaders from Defendants have had ‘‘six-county area’’). This area ‘‘regular touch base meetings,’’ in which IV. The Relevant Market encompasses the cities of Danville and they discussed a variety of topics, Lewisburg, where Geisinger Medical A. Inpatient General Acute-Care including strategic growth options. Center and Evangelical are respectively • Geisinger has shared with Services are a Relevant Product Market located. The hospitals are Evangelical the terms of its loan 44. A relevant product market in approximately 17 miles apart. The map forgiveness agreement, which Geisinger which to analyze the effects of the below illustrates the relevant geographic uses as an important tool to recruit partial-acquisition agreement is the sale market and the locations of the hospitals physicians. of inpatient general acute-care services. in it.

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48. The Horizontal Merger Guidelines area strongly prefer to obtain inpatient these shares for inpatient general acute- (‘‘Merger Guidelines’’) issued by the general acute-care services from within care services in general and for many U.S. Department of Justice and Federal the six-county area, a health plan that service lines. The other competitor of Trade Commission set forth the relevant did not have hospitals in the six-county significance in the six-county area is the test for geographic market definition: area likely could not successfully University of Pittsburgh Medical Center Whether a hypothetical monopolist of market a network to employers and (‘‘UPMC’’), which operates two the relevant services within the patients in the area. Thus, a health plan hospitals in Williamsport and Muncy. geographic area could profitably impose would not exclude from its network a UPMC also used to operate a hospital in a small but significant and non- hypothetical monopolist of all inpatient Sunbury, but that hospital permanently transitory increase in price (here, general acute-care services in the six- closed on March 31, 2020. reimbursement rates for inpatient county area in response to a small but 53. The shares of total discharges of general acute-care services). If so, the significant price increase. patients receiving inpatient general boundaries of that geographic area are V. Anticompetitive Effects acute-care services from hospitals in the an appropriate geographic market. six-county area between the fourth 49. In this case, a hypothetical A. The Market for Inpatient General quarter of 2018 and third quarter of monopolist of inpatient general acute- Acute-Care Services in Central 2019 are shown in the table below. care services within the six-county area Pennsylvania is Highly Concentrated These shares likely understate the could profitably impose a small but 51. Market concentration is one useful Defendants’ current shares because they significant and non-transitory increase indicator of the level of competitive include discharges from UPMC’s in the price of inpatient general acute- vigor in a market and of the likely Sunbury hospital, which has now care services for at least one hospital in competitive effects of a transaction closed, and some patients who would the six-county area. In general, patients involving competitors. The more have used Sunbury are likely to choose choose to seek care close to their homes concentrated a market, and the more a Defendants’ hospitals instead. or workplaces, and residents of the six- transaction would increase county area also prefer to obtain concentration in a market, the more Share Hospital system (%) inpatient general acute-care services likely it is that a transaction—even a locally. Thus, the availability of these partial acquisition—will result in a Geisinger ...... 54.6 services outside of the six-county area is meaningful reduction in competition. Evangelical ...... 16.7 not sufficient to prevent a hypothetical 52. Geisinger currently accounts for UPMC ...... 26.7 monopolist from profitably imposing a approximately 55% of inpatient general Community Health System ...... 2.0 price increase. acute-care services provided in the six- 50. In addition, health plans that offer county area. Evangelical accounts for 54. As these shares illustrate, the healthcare networks in the six-county approximately 17% of that market. relevant market is highly concentrated. area do not consider hospitals outside of Defendants together thus account for The Merger Guidelines measure market that area to be reasonable substitutes in approximately 71% of the relevant concentration by using the Herfindahl- their networks for hospitals within that market. Defendants’ internal documents Hirschman Index (‘‘HHI’’), which is area. Because residents of the six-county report shares that are consistent with calculated by summing the square of

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individual firms’ market shares. Under equipment and technology, open agreement will thus result in higher the Merger Guidelines, a market is specialized facilities, and continuously healthcare costs for consumers. considered to be highly concentrated if make other improvements. These 63. Similarly, Geisinger’s 30% interest the HHI is above 2,500. Defendants’ investments improve access to in Evangelical reduces its incentive to partial-acquisition agreement would healthcare, lower wait times, and compete aggressively with Evangelical operate in a market that is already improve the quality of care for all on prices to the Plain Community. In highly concentrated, with an HHI of patients, including Medicare, Medicaid, the six-county area, hospitals compete 3,979. and uninsured patients. directly on discounted prices offered to 55. Under the Merger Guidelines, a 60. Anticompetitive effects arising out the Plain Community. Members of the merger that significantly increases of this transaction are likely to occur Plain Community usually do not have concentration in a highly concentrated from the combination of Geisinger’s commercial insurance and pay for market is presumed to be unlawful. A influence over Evangelical, Defendants’ medical services out of pocket. With the full merger between Geisinger and reduced incentives to expand and partial acquisition, if Geisinger raises Evangelical would trigger the improve services, and the facilitation of prices to Plain Community members presumption of illegality under the information sharing and coordination and some of those members choose Merger Guidelines by a wide margin, between Geisinger and Evangelical. Evangelical instead as a result, Geisinger resulting in a post-merger HHI of 5,799 These anticompetitive effects are likely still captures 30% of the value of the and an increase of 1,820. A partial to lead to a reduction in the quality, profits generated from the patients who acquisition that creates the incentive scope, and availability of inpatient chose Evangelical. In addition, the and ability for two close competitors to general acute-care services. entanglements between Geisinger and coordinate in such a highly Evangelical are likely to cause C. The Partial Acquisition Is Also Likely concentrated market poses a similar Evangelical to avoid directly competing To Lead to Increased Health Insurance danger to consumers. against Geisinger on the prices it offers Prices to the Plain Community, resulting in B. The Partial Acquisition Will Diminish 61. Hospitals compete for patients not higher prices for those patients. Evangelical’s and Geisinger’s Incentives only through the quality of the services To Compete Against Each Other for they offer, but also through participation VI. Absence of Countervailing Factors Patients in health insurers’ networks. Hospitals 64. Geisinger’s acquisition of a 30% 56. Geisinger is by far the largest and insurers negotiate prices (called stake in its close competitor is not health system in the six-county region reimbursement rates) as part of their reasonably necessary to achieve any of and within central Pennsylvania. It negotiations about whether, and under the benefits that Defendants tout in already enjoys a competitive advantage what conditions, a hospital will be connection with this transaction. For over its smaller competitors. By included in an insurer’s network. The example, Defendants claim the partial- allowing Geisinger to partially acquire bargaining positions of a hospital and an acquisition agreement will improve Evangelical and creating substantial insurer during these negotiations Evangelical’s electronic medical records entanglements between the two depend on whether there are other system. But Evangelical could have hospitals, the agreement will likely nearby, comparable hospitals that are licensed Geisinger’s electronic medical substantially lessen competition as available to the insurer. Competition records software without this Evangelical will have less incentive to among hospitals limits any individual transaction, and Defendants were in compete for patients against the hospital’s leverage with insurers and discussions to do so long before this Geisinger behemoth—its financial enables insurers to negotiate lower transaction was under consideration. partner—than it would have had it reimbursement rates and other terms 65. Evangelical also could have remained independent and not that reduce healthcare costs. Less costly obtained funds for capital partnered with its closest competitor. care benefits patients and their improvements from sources other than 57. Similarly, the transaction reduces employers in the form of lower Geisinger, its closest competitor. At the Geisinger’s incentives to compete for premiums, copays, and deductibles. time Evangelical executed the patients against Evangelical. Any 62. Even if Geisinger and Evangelical agreement with Geisinger, it was in a patient that Geisinger attracts from continue to negotiate separately with strong financial position, had been Evangelical will diminish the value of commercial health insurers, the partial- profitable for the last five years, and Geisinger’s interest in Evangelical, and acquisition agreement creates incentives already had decided that it had the Geisinger will also benefit from for Geisinger to increase its rates and financial wherewithal to move forward increasing coordination with its close enhances its ability to do so. Geisinger’s on the major capital improvement rival. incentive to raise its rates flows from its project that now has been funded in part 58. Competition between hospitals 30% interest in Evangelical. Before the by its competitor and partial owner. like Geisinger and Evangelical benefits partial acquisition, Geisinger did not 66. Finally, Evangelical’s placement patients in a number of ways, including benefit from patients going to in the most favored tier of Geisinger by providing convenient access to high Evangelical. With the agreement, Health Plan’s commercial insurance quality services. Hospitals also compete Geisinger’s 30% ownership of products does not require the partial- to be included in health insurers’ Evangelical now allows Geisinger to acquisition agreement. To the contrary, networks. benefit when patients choose agreements between hospitals and 59. Hospitals compete to attract Evangelical because the value of insurers that offer favorable placement patients to their facilities by offering Geisinger’s ownership interest increases in commercial insurance products in high quality care, a broad scope of as a result of the profits that Evangelical exchange for favorable rates are services, amenities, convenience, earns. This dynamic gives Geisinger an common and do not require the customer service, and attention to incentive to raise its reimbursement entanglements created by the partial- patient satisfaction. To provide these rates to commercial insurers because the acquisition agreement. services, hospitals expand service lines, agreement increases Geisinger’s 67. For these reasons, there are no hire specialists, family care physicians, bargaining leverage, allowing it to transaction-specific efficiencies that and nurses, purchase modern profitably impose a price increase. The outweigh the likely competitive harms

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of the proposed transaction; indeed, in the relevant geographic market for 5th Street NW, Suite 4100, Washington, DC there are no transaction-specific inpatient general acute-care services in 20530, Tel.: (202) 598–2698, Email: efficiencies to weigh against the harm. violation of Section 7 of the Clayton [email protected]. 68. In addition, entry or expansion Act, 15 U.S.C. 18. lllllllllllllllllllll into the relevant market is unlikely to 75. Among other things, the partial- David J. Freed eliminate the anticompetitive effects of acquisition agreement has and is likely United States Attorney. the partial-acquisition agreement to continue to cause Defendants: lllllllllllllllllllll because entry and expansion are not (a) To coordinate their competitive Richard D. Euliss likely to be timely, likely, or sufficient behavior with respect to inpatient Assistant Unites States Attorney, DC 999166, to offset the agreement’s anticompetitive general acute-care services; United States Attorney’s Office, 228 Walnut (b) to increase their prices for Street, 2nd Floor, P.O. Box 11754, effects. The construction of a new Harrisburg, PA 17108–1754, Phone: 717–221– hospital that offers inpatient general inpatient general acute-care services to 4462, Fax: 717–221–4493, Richard.D.Euliss@ acute-care services would require insurers, self-paying patients, and other usdoj.gov. significant time, expenditures, and risk. purchasers of healthcare; and Moreover, the six-county area is (c) to reduce quality, service, and United States District Court for the unlikely to attract greenfield entry by a investment with respect to inpatient Middle District of Pennsylvania new hospital due to declining demand general acute-care services or to United States of America, Plaintiff, vs. for inpatient general acute-care services diminish future improvements in these Evangelical Community Hospital and and low population growth. Indeed, no areas. Geisinger Health, Defendants. new hospitals have been built in the six- VIII. Request for Relief Civil Action No.: 4:20–cv–01383–MWB county area for more than 10 years, and [Proposed] Final Judgment UPMC’s Sunbury hospital closed in 76. Plaintiff requests that: March 2020. (a) The agreement between Geisinger Whereas, Plaintiff, United States of 69. Enjoining the partial-acquisition and Evangelical be adjudged to violate America, filed its Complaint on August will not require undue disruption of Section 1 of the Sherman Act, 15 U.S.C. 5, 2020, the United States and Defendants’ businesses. Geisinger and 1, and Section 7 of the Clayton Act, 15 Defendants, Geisinger Health and Evangelical have not implemented U.S.C. 18; Evangelical Community Hospital, by many of the provisions of the agreement (b) the Court order (i) Defendants to their respective attorneys, have because, on October 1, 2019, they rescind or be enjoined permanently consented to the entry of this Final entered into a hold-separate agreement from carrying out the subject agreement; Judgment without trial or adjudication with the United States to maintain the (ii) Geisinger to divest to Evangelical its of any issue of fact or law, without this status quo pending an investigation of 30% ownership interest in Evangelical; Final Judgment constituting any the agreement by the Antitrust Division. and (iii) Defendants be permanently evidence against or admission by any The hold-separate agreement requires enjoined and restrained from carrying party regarding any issue of fact or law, Geisinger and Evangelical to cease out any other transaction that would and without Defendants admitting certain activities contemplated by the allow Geisinger to partially acquire liability, wrongdoing, or the truth of any agreement, including making most Evangelical; allegations in the Complaint; expenditures, integrating IT systems, (c) Plaintiff be awarded the costs of And whereas, Defendants agree to be and planning joint ventures. The hold- this action; and bound by the provisions of this Final separate agreement remains in force (d) Plaintiff be awarded any other Judgment pending its approval by the until this Court makes a final decision. relief that the Court deems just and Court; proper. VII. Violations Alleged And whereas, the purpose of the Dated: August 5, 2020 proposed Final Judgment is to preserve Count I Respectfully submitted, competition for hospital services in (Section 1 of the Sherman Act) FOR PLAINTIFF UNITED STATES OF central Pennsylvania and to ensure AMERICA: Evangelical and Geisinger remain 70. Plaintiff alleges and incorporates lllllllllllllllllllll independent competitors; paragraphs 1 through 69 of this Makan Delrahim And whereas, Defendants agree to complaint as if set forth fully herein. Assistant Attorney General for Antitrust. undertake certain actions and refrain 71. Geisinger and Evangelical have lllllllllllllllllllll from certain conduct for the purpose of market power in the sale of inpatient Bernard A. Nigro, Jr. remedying the anticompetitive effects of general acute-care services in the six- Principal Deputy Assistant Attorney General. the Collaboration Agreement, as alleged county area. lllllllllllllllllllll in the Complaint. 72. The partial-acquisition agreement Kathleen S. O’Neill. Now therefore, before any testimony is an agreement between Defendants to Senior Director of Investigations & Litigation. is taken, without trial or adjudication of unreasonably restrain trade. The partial- lllllllllllllllllllll any issue of fact or law, and upon acquisition agreement is a contract, Eric D. Welsh consent of the parties, it is ordered, combination, or conspiracy within the Chief, Healthcare and Consumer Products adjudged, and decreed: meaning of Section 1 of the Sherman Section. Act, 15 U.S.C. 1. lllllllllllllllllllll I. Jurisdiction Lee F. Berger The Court has jurisdiction over the Count II Cecilia Cheng subject matter of and each of the parties (Section 7 of the Clayton Act) Chris S. Hong David C. Kelly to this action. The Complaint states a 73. Plaintiff alleges and incorporates Garrett Liskey claim upon which relief may be granted paragraphs 1 through 72 of this Natalie Melada against Defendants under Section 7 of complaint as if set forth fully herein. David M. Stoltzfus the Clayton Act, 15 U.S.C. 18 and 74. The partial-acquisition agreement Attorneys for the United States, U.S. Section 1 of the Sherman Act, 15 U.S.C. likely substantially lessens competition Department of Justice, Antitrust Division, 450 1.

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II. Definitions Danville, Pennsylvania, its successors board or other position at or with A. ‘‘Amended and Restated and assigns, and its subsidiaries, Evangelical that provides Geisinger with Collaboration Agreement’’ means the including Geisinger Health Plan, any direct or indirect input, influence, ‘‘Amended and Restated Collaboration divisions, groups, affiliates, or control over any strategic or Agreement’’ entered into by Geisinger partnerships, and joint ventures, and competitive decision to be made by and Evangelical on February 18, 2021. their directors, officers, managers, Evangelical, except for any such B. ‘‘Back Office Systems’’ means the agents, and employees. positions within Pre-Existing Joint following computer systems and their K. ‘‘Including’’ means including but Ventures or the Miller Center Joint functional substitutes: Spok/ not limited to. Venture; L. ‘‘Miller Center Joint Venture’’ 5. maintain or obtain any right of first WebXchange (electronic phonebook); means the Miller Center for Recreation offer or right of first refusal with respect Digital Control Systems/Micros (food and Wellness, a Pennsylvania non-profit to any proposal or offer involving services registers); Lawson Accounts corporation operating a recreation and Evangelical, including offers or Payable; Lawson Activities Mgmt wellness center in Lewisburg, proposals to acquire, affiliate or enter (project accounting and activities-based Pennsylvania. into a joint venture with Evangelical, or costing); Lawson Asset Mgmt M. ‘‘Ownership Interest’’ means the otherwise influence or seek to influence (depreciation and reporting seven-and-one-half percent (7.5%) any decision to be made by Evangelical requirements); Lawson General Ledger; ownership interest in Evangelical that with respect to any proposal or offer Allscripts (data transfer); and Axiom. Evangelical transferred to Geisinger in involving Evangelical and any other C. ‘‘Collaboration Agreement’’ means exchange for the Existing Financial party; the document titled ‘‘Collaboration Payment, based on Evangelical’s 6. approve, reject or otherwise Agreement’’ entered into by Evangelical valuation as of January 25, 2021. influence Evangelical’s use of any funds and Geisinger on February 1, 2019. N. ‘‘Person’’ means any natural or provide a guaranty to Evangelical D. ‘‘Covered Person’’ means (i) each person, trade association, corporation, against any financial losses that employee or agent of each Defendant company, partnership, joint venture, Evangelical may incur; or who has duties and responsibilities for firm, association, proprietorship, 7. license to Evangelical any overseeing the implementation of agency, board, authority, commission, information technology system owned, information technology systems that office, or other business or legal entity, used, or licensed by Geisinger, without Geisinger may provide to Evangelical whether private or governmental. the prior written consent of the United under Paragraph V.B. of this Final O. ‘‘Pre-Existing Joint Ventures’’ States, in its sole discretion. Judgment; (ii) the Chief Executive means the Keystone Accountable Care C. Evangelical must not, directly or Officers of Defendants and each of their Organization, LLC, an organization of indirectly, appoint any directors to the direct reports; and (iii) each director doctors, hospitals, and other healthcare Board of Directors of Geisinger, (including each member of the Boards of providers that provides coordinated care including to the Board of Directors of Directors) of each Defendant. to Medicare patients and Evangelical- Geisinger Health Plan. E. ‘‘Defendants’’ means Geisinger and Geisinger, LLC, the joint venture D. Except for the verification of dates Evangelical. between Evangelical and Geisinger to of employment and the checking of F. ‘‘Epic’’ means Epic Systems provide student health services to references for new hires, Defendants Corporation, a medical software Bucknell University. must not consult with, provide advice company based in Verona, Wisconsin. to, or seek to influence, directly or G. ‘‘Evangelical’’ means Defendant III. Applicability indirectly, each other regarding the Evangelical Community Hospital, a non- This Final Judgment applies to decision to appoint or employ any profit community hospital located in Defendants, as defined above, and all Executive Leadership Personnel, except Lewisburg, Pennsylvania, its successors other Persons in active concert or for such positions within Pre-Existing and assigns, and its subsidiaries, participation with any of them who Joint Ventures or the Miller Center Joint divisions, groups, affiliates, receive actual notice of this Final Venture. partnerships, and joint ventures, and Judgment by personal service or E. Defendants must not enter into a their directors, officers, managers, otherwise. joint venture unless the United States, agents, and employees. in its sole discretion, has consented in H. ‘‘Existing Financial Payment’’ IV. Prohibited Conduct writing. Defendants must not renew, means the combined payments of A. The Collaboration Agreement and extend, or amend the term of the Miller twenty million, three hundred thirty- all amendments, modifications, Center Joint Venture unless the United four thousand twenty-three dollars addenda or supplements, are null and States, in its sole discretion, has ($20,334,023.00) paid by Geisinger to void, with the exception of the consented in writing. Defendants may Evangelical, directly or indirectly. Amended and Restated Collaboration renew or extend the term of a Pre- I. ‘‘Executive Leadership Personnel’’ Agreement. Existing Joint Venture, but may not means any President, Chief Executive B. Geisinger must not, directly or amend a Pre-Existing Joint Venture Officer, Chief Financial Officer, Chief indirectly: unless the United States, in its sole Information Officer, Chief Operating 1. Appoint any directors to the Board discretion, has consented in writing. Officer, Chief Strategy Officer, Chief of Directors of Evangelical; F. Defendants must not amend, Nursing Officer, Chief Human Resources 2. make any financial contribution, supplement, terminate, or modify the Officer, Controller, Director, Executive payment, or commitment to Evangelical Amended and Restated Collaboration Vice President, Vice President, and any that would result in Geisinger obtaining Agreement, or any portion of it, without other person with any direct or indirect any equity interest in Evangelical in the prior written consent of the United input, influence, or control over any excess of the Ownership Interest; States, in its sole discretion. Defendants strategic or competitive decision. 3. make any loan or extend any line must provide at least sixty (60) days J. ‘‘Geisinger’’ means Defendant of credit to Evangelical; written notice to the United States of Geisinger Health, a regional non-profit 4. maintain or obtain any any intent to enter into or execute any corporation with its headquarters in management, leadership, committee, amendment, supplement, or

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modification to the Amended and Defendant’s initial or replacement activity so as to comply with this Final Restated Collaboration Agreement. appointment of an Antitrust Compliance Judgment. Each Defendant must G. Defendants must not provide each Officer is subject to the approval of the maintain all documents related to any other with non-public information, United States in its sole discretion. potential violation of this Final including any non-public financial B. Each Antitrust Compliance Officer Judgment for the term of this Final information of either Defendant or must: Judgment. 1. Within thirty (30) days of entry of information about any strategic projects D. Within thirty (30) calendar days of this Final Judgment, furnish a copy of under consideration by either the Antitrust Compliance Officer’s this Final Judgment and the Competitive Defendant; provided however that learning of any potential violation of Impact Statement to all Covered nothing herein will be construed to any of the terms of this Final Judgment, Persons; prevent Geisinger and Evangelical from a Defendant must file with the United disclosing to each other non-public 2. within thirty (30) days after entry of this Final Judgment, in a form and States a statement describing the information necessary for the care and potential violation, including a treatment of patients or as required for manner to be approved by the United States in its sole discretion, provide all description of (1) any communications the payment for the care and treatment constituting the potential violation, the of patients. Covered Persons with reasonable notice of the meaning and requirements of this date and place of the communication, V. Permitted Conduct Final Judgment and the antitrust laws; the persons involved in the communication, and the subject matter A. Evangelical must not use the 3. annually train all Covered Persons of the communication; and (2) all steps Existing Financial Payment for any on the meaning and requirements of this taken by the Defendant to remedy the purpose other than the following Final Judgment and the antitrust laws; potential violation. permitted uses: 4. brief and distribute a copy of this 1. Assisting Evangelical’s PRIME Final Judgment and the Competitive E. Each Defendant must have its CEO patient room improvement project Impact Statement to any person who or Chief Financial Officer and its (approximately $17 million); and succeeds to a position of a Covered General Counsel certify in writing to the 2. sponsoring the Miller Center Joint Person within thirty (30) days of such United States, no later than ninety (90) Venture (approximately $3.3 million). succession; calendar days after this Final Judgment B. Notwithstanding Paragraph IV.B.7. 5. obtain from each Covered Person, is entered and then annually on the above, Geisinger may provide within thirty (30) days of that person’s anniversary of the date of the entry of Evangelical with information receipt of this Final Judgment, a this Final Judgment, that the Defendant technology systems and support under certification that he or she (i) has read has complied with the provisions of this the following terms and conditions: and, to the best of his or her ability, Final Judgment. The United States, in 1. Geisinger may provide to understands and agrees to abide by the its sole discretion, may approve Evangelical Geisinger’s electronic terms of this Final Judgment; (ii) is not different signatories for the certification. medical record systems (Epic and aware of any violation of this Final related embedded clinical systems), Judgment that has not been reported to VII. Firewall including a license to the embedded the relevant Defendant’s Antitrust A. Defendants must implement and Geisinger intellectual property, at a cost Compliance Officer; and (iii) maintain reasonable procedures to of no less than 15% of the incremental understands that any person’s failure to prevent competitively sensitive increase in cost to Geisinger resulting comply with this Final Judgment may information from being disclosed, by or from Evangelical’s use of these same result in an enforcement action for civil through implementation and execution systems; or criminal contempt of court against of the obligations in this Final Judgment 2. Geisinger may provide Evangelical any Defendant and/or any person who or the Amended and Restated with electronic medical record systems violates this Final Judgment; Collaboration Agreement or through support for the systems identified in 6. maintain a record of certifications Geisinger’s provision of information Paragraph V.B.1. at a cost of no less than received pursuant to this Section; technology systems and support to 7. annually communicate to all 15% of the incremental increase in cost Evangelical as permitted in Paragraph Covered Persons and all other to Geisinger for the support for these V.B., between or among employees of employees that they must disclose to the same systems; and Geisinger and Evangelical. 3. Geisinger may provide additional Antitrust Compliance Officer, without Back Office Systems to Evangelical at reprisal, information concerning any B. Defendants must, within forty-five commercially reasonable rates. potential violation of this Final (45) business days of the entry of the Judgment or the antitrust laws; and Stipulation and Order, submit to the VI. Required Conduct 8. by not later than ninety (90) United States a document setting forth A. Within ten (10) days of entry of calendar days after entry of this Final in detail the procedures implemented to this Final Judgment, each Defendant Judgment and annually thereafter, file effect compliance with this Section VII. must appoint an Antitrust Compliance written reports with the United States Upon receipt of the document, the Officer and identify to the United States affirming that Defendant is in United States will inform Defendants the Antitrust Compliance Officer’s compliance with its obligations under within thirty (30) business days name, business address, telephone Section VI of this Final Judgment, whether, in its sole discretion, it number, and email address. Within including the training requirements approves of or rejects Defendants’ forty-five (45) days of a vacancy in a under Paragraph VI.B.3. compliance plan. Within ten (10) Defendant’s Antitrust Compliance C. Immediately upon the Antitrust business days of receiving a notice of Officer position, that Defendant must Compliance Officer’s learning of any rejection, Defendants must submit a appoint a replacement, and must violation or potential violation of any of revised compliance plan. The United identify to the United States the the terms of this Final Judgment, a States may request that this Court replacement Antitrust Compliance Defendant must take appropriate action determine whether Defendants’ Officer’s name, business address, to investigate and, in the event of a proposed compliance plan fulfills the telephone number, and email address. A violation, must cease or modify the requirements of this Section VII.

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VIII. Compliance Inspection the United States shall give Defendants United States may apply to the Court for A. For the purposes of determining or ten (10) calendar days’ notice prior to a one-time extension of this Final securing compliance with this Final divulging such material in any legal Judgment, together with such other Judgment, or of any related orders such proceeding (other than a grand jury relief as may be appropriate. In as any Stipulation and Order, or of proceeding). connection with any successful effort by determining whether this Final IX. Notifications the United States to enforce this Final Judgment against a Defendant, whether Judgment should be modified or For purposes of this Final Judgment, vacated, and subject to any legally litigated or resolved prior to litigation, any notice or other communication that Defendant agrees to reimburse the recognized privilege, from time to time, required to be provided to the United authorized representatives of the United United States for the fees and expenses States shall be sent to the person at the of its attorneys, as well as any other States, including agents and consultants address set forth below (or such other retained by the United States, shall, costs including experts’ fees, incurred in addresses as the United States may connection with that enforcement effort, upon written request of an authorized specify in writing to Defendants): Chief, representative of the Assistant Attorney including in the investigation of the Office of Decree Enforcement and potential violation. General in charge of the Antitrust Compliance, U.S. Department of Justice, Division, and on reasonable notice to Antitrust Division, 950 Pennsylvania XII. Expiration of Final Judgment Defendants, be permitted: Avenue NW, Room 3207, Washington, Unless this Court grants an extension, (1) Access during Defendants’ office DC 20530, Email: [email protected]. hours to inspect and copy, or at the this Final Judgment shall expire ten (10) option of the United States, to require X. Retention of Jurisdiction years from the date of its entry, except Defendants to provide electronic copies, This Court retains jurisdiction to that after five (5) years from the date of of all books, ledgers, accounts, records, enable any party to this Final Judgment its entry, this Final Judgment may be data, and documents in the possession, to apply to this Court at any time for terminated upon notice by the United custody, or control of Defendants, further orders and directions as may be States to the Court and Defendants that relating to any matters contained in this necessary or appropriate to carry out or the continuation of this Final Judgment Final Judgment; and construe this Final Judgment, to modify is no longer necessary or in the public (2) to interview, either informally or any of its provisions, to enforce interest. on the record, Defendants’ officers, compliance, and to punish violations of XIII. Public Interest Determination employees, or agents, who may have its provisions. their individual counsel present, Entry of this Final Judgment is in the regarding such matters. The interviews XI. Enforcement of Final Judgment public interest. The parties have will be subject to the reasonable A. The United States retains and complied with the requirements of the convenience of the interviewee and reserves all rights to enforce the Antitrust Procedures and Penalties Act, without restraint or interference by provisions of this Final Judgment, 15 U.S.C. 16, including making copies Defendants. including the right to seek an order of available to the public of this Final B. Upon the written request of an contempt from the Court. Defendants Judgment, the Competitive Impact authorized representative of the agree that in any civil contempt action, Statement, any comments thereon, and Assistant Attorney General in charge of any motion to show cause, or any the United States’ responses to the Antitrust Division, Defendants shall similar action brought by the United comments. Based upon the record submit written reports or responses to States regarding an alleged violation of before the Court, which includes the written interrogatories, under oath if this Final Judgment, the United States Competitive Impact Statement and any requested, relating to any of the matters may establish a violation of the decree comments and responses to comments contained in this Final Judgment as may and the appropriateness of any remedy filed with the Court, entry of this Final be requested. therefore by a preponderance of the Judgment is in the public interest. C. No information or documents evidence, and Defendants waive any Date: llllllllllllllllllll obtained by the means provided in argument that a different standard of [Court approval subject to procedures of Section VIII will be divulged by the proof should apply. Antitrust Procedures and Penalties Act, 15 United States to any person other than B. The Final Judgment should be U.S.C. 16] an authorized representative of the interpreted to give full effect to the lllllllllllllllllllll executive branch of the United States, procompetitive purposes of the antitrust United States District Judge except in the course of legal proceedings laws and to restore all competition to which the United States is a party harmed by the challenged conduct. United States District Court for the (including grand jury proceedings), for Defendants agree that they may be held Middle District of Pennsylvania the purpose of securing compliance in contempt of, and that the Court may United States Of America, Plaintiff, vs. with this Final Judgment, or as enforce, any provision of this Final Evangelical Community Hospital, and otherwise required by law. Judgment that, as interpreted by the Geisinger Health, Defendants. D. If at the time that Defendants Court in light of these procompetitive Civil Action No.: 4:20–cv–01383–MWB furnish information or documents to the principles and applying ordinary tools Competitive Impact Statement United States, Defendants represent and of interpretation, is stated specifically identify in writing the material in any and in reasonable detail, whether or not The United States of America, under such information or documents to it is clear and unambiguous on its face. Section 2(b) of the Antitrust Procedures which a claim of protection may be In any such interpretation, the terms of and Penalties Act, 15 U.S.C. 16(b)–(h) asserted under Rule 26(c)(1)(G) of the this Final Judgment should not be (the ‘‘APPA’’ or ‘‘Tunney Act’’), files Federal Rules of Civil Procedure, and construed against either party as the this Competitive Impact Statement Defendants mark each pertinent page of drafter. relating to the proposed Final Judgment such material, ‘‘Subject to claim of C. In any enforcement proceeding in submitted for entry in this civil antitrust protection under Rule 26(c)(1)(G) of the which the Court finds that Defendants proceeding. Federal Rules of Civil Procedure,’’ then have violated this Final Judgment, the

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I. Nature and Purpose of the Proceeding annual revenue in 2019 was executive officer. It also contained approximately $7.1 billion. provisions that required Defendants to Defendant Geisinger Health Evangelical is a non-profit corporation discuss and work toward joint ventures (‘‘Geisinger’’) and Defendant Evangelical organized and existing under the laws of in service lines where they have Community Hospital (‘‘Evangelical’’) the Commonwealth of Pennsylvania historically competed, such as women’s entered into a partial-acquisition with its headquarters in Lewisburg, health and musculoskeletal care, and agreement (the ‘‘Collaboration Pennsylvania. Evangelical operates a also required Geisinger to compensate Agreement’’) dated February 1, 2019, 132-bed independent community Evangelical for certain financial losses. pursuant to which Geisinger would, hospital, owns a number of physician among other things, acquire 30% of practices, and operates an urgent-care C. Anticompetitive Effects of the Partial Evangelical. The United States filed a center and several other outpatient Acquisition civil antitrust Complaint on August 5, facilities in central Pennsylvania. Defendants are two of the largest 2020, seeking to rescind and enjoin the Evangelical’s annual revenue in 2019 hospitals in a six-county region in Collaboration Agreement. The was approximately $259 million. central Pennsylvania. The vast majority Complaint alleged that the likely effect of consumers of inpatient general acute- of Geisinger’s partial acquisition of B. The Collaboration Agreement care services in and around Danville Evangelical would be to substantially On February 1, 2019, Geisinger and and Lewisburg, Pennsylvania, rely on lessen competition and unreasonably Evangelical entered into the Geisinger and Evangelical for their care. restrain trade in the market for the Collaboration Agreement, pursuant to Together, the two hospitals account for provision of inpatient general acute-care which Evangelical agreed to give approximately 71% of this six-county services in a six-county region in central Geisinger a 30% ownership interest. In market and are each other’s closest Pennsylvania, in violation of Section 1 exchange, Geisinger agreed to pay $100 competitors for many services. Geisinger of the Sherman Act, 15 U.S.C. 1, and million to Evangelical over the next and Evangelical compete head-to-head Section 7 of the Clayton Act, 15 U.S.C. several years for, among other things, for patients—including through 18. Geisinger-approved investment projects, investment in high-quality facilities and Before Defendants responded to the future investment projects that services, in negotiations with insurers, Complaint, the United States filed a Geisinger had the right to approve, and and through discounts to uninsured Stipulation and Order and proposed intellectual property licensing. patients—and consumers have benefited Final Judgment, which are designed to Furthermore, Geisinger’s from this competition through increased remedy the loss of competition alleged contemplated investment in Evangelical quality of care, broader availability, and in the Complaint. Under the proposed would not have been passive: The lower costs. Final Judgment, which is explained Collaboration Agreement created As alleged in the Complaint, the more fully below, Geisinger is required additional entanglements between these partial acquisition of Evangelical by to cap its ownership interest in two competitors and provided Geisinger Geisinger resulting from the Evangelical at 7.5%, and Defendants are with opportunities to influence Collaboration Agreement would have required to eliminate other Evangelical. For example, the created significant entanglements entanglements between them that would Collaboration Agreement gave Geisinger between Defendants, likely leading to allow Geisinger to influence rights of first offer and first refusal with increased coordination between them, Evangelical. Defendants are also each respect to any future joint venture, higher prices, lower quality, and required to establish robust antitrust competitively significant asset sale, or reduced access to inpatient general compliance programs. change-of-control transaction by acute-care services in central The United States and Defendants Evangelical. It also gave Geisinger the Pennsylvania. right to approve Evangelical’s use of have stipulated that the proposed Final 1. The Relevant Market Judgment may be entered after certain funds provided by Geisinger. compliance with the APPA. Entry of the Additionally, the Collaboration As alleged in the Complaint, the proposed Final Judgment will terminate Agreement provided mechanisms for provision of inpatient general acute-care this action, except that the Court will Geisinger and Evangelical to share services is a relevant product market. retain jurisdiction to construe, modify, competitively sensitive information, Inpatient general acute-care services or enforce the provisions of the such as requiring Evangelical to disclose encompass a broad cluster of inpatient proposed Final Judgment and to punish business plans when requesting medical and surgical diagnostic and violations thereof. disbursement of certain funds and treatment services that require an requiring Evangelical to inform overnight hospital stay, including many II. Description of Events Giving Rise to Geisinger about planned transactions orthopedic, cardiovascular, women’s the Alleged Violation with other hospital systems before any health, and general surgical services. A. Defendants such transactions were executed. The relevant market excludes outpatient The Collaboration Agreement services, which generally do not require Geisinger is a non-profit corporation originally included other provisions an overnight hospital stay and are organized and existing under the laws of granting Geisinger additional influence provided in settings other than the Commonwealth of Pennsylvania over Evangelical, which Defendants hospitals. The vast majority of patients with its headquarters in Danville, eliminated through several amendments who use inpatient general acute-care Pennsylvania. Geisinger is a regional during the course of the United States’ services would not switch to outpatient healthcare provider of hospital and investigation but before the United services in response to a price increase. physician services that operates twelve States filed its Complaint. For example, The relevant market also excludes more hospitals and owns physician practices the Collaboration Agreement originally specialized services, such as advanced throughout central Pennsylvania. It also included provisions that gave Geisinger cancer services and organ transplants, operates a health insurance company, the right to appoint six individuals to which Evangelical does not offer. Geisinger Health Plan, which offers Evangelical’s board of directors as well As alleged in the Complaint, the commercial health insurance, Medicare, as certain consultation rights on the relevant geographic market for the sale and Medicaid products. Geisinger’s appointment of Evangelical’s chief of inpatient general acute-care services

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is no larger than the six-county area that fundamentally altering their influence gained by virtue of Geisinger’s comprises the Pennsylvania counties of relationship as competitors and $100 million investment and 30% Union, Snyder, Northumberland, curtailing their incentives to compete ownership interest in Evangelical, the Montour, Lycoming, and Columbia. independently for patients. As a result, Collaboration Agreement would give This area includes the cities of Danville Evangelical would be likely to avoid Geisinger influence over Evangelical’s and Lewisburg, where Geisinger competing to enhance the quality or ability to partner with others in the Medical Center and Evangelical are scope of the services it offers because future. Geisinger would have rights of respectively located. In general, patients they would attract patients from first offer and first refusal with respect choose to seek medical care close to Geisinger, its part owner. It would also to several types of transactions that their homes or workplaces, and reduce Geisinger’s incentives to Evangelical may wish to pursue, residents of the six-county area alleged compete by investing in improvements including any future joint venture in the Complaint also generally prefer to that would attract patients from between Evangelical and another entity, obtain inpatient general acute-care Evangelical. For example, if Geisinger any competitively significant asset sale services locally. As a result, health were to expand its offerings or improve by Evangelical, and any transaction insurers that offer healthcare networks the quality of its services in areas in involving a change-of-control of in the six-county area generally do not which it competes with Evangelical, it Evangelical. These provisions would consider hospitals outside of that area to would attract patients at Evangelical’s provide Geisinger with advance notice be reasonable substitutes in their expense, reducing the value of of Evangelical’s competitive plans and networks for hospitals within that area. Geisinger’s 30% interest in Evangelical. the opportunity to interfere with Because residents in the six-county area As a result of the partial acquisition, Evangelical’s ability to engage in such strongly prefer to obtain inpatient both Defendants would have an transactions, and thus deter potentially general acute-care services from within incentive to pull their competitive procompetitive collaborations between the six-county area, a health plan that punches. Evangelical and other healthcare entities did not have hospitals within the six- If implemented, the Collaboration that compete with Geisinger— county area likely could not Agreement would also likely lead to arrangements that could otherwise successfully attract employers and Geisinger raising prices to commercial benefit patients and the community. patients in the area. insurers and other purchasers of The Collaboration Agreement would inpatient general acute-care services, also enable Geisinger to influence 2. The Effects of the Collaboration resulting in harm to consumers. Before Evangelical through Geisinger’s right to Agreement on Competition the partial acquisition, in the event of a approve or deny Evangelical’s use of Geisinger and Evangelical are, contracting disagreement with an certain funds provided by Geisinger, as respectively, the largest health system insurer, Geisinger risked losing patients Geisinger could withhold that approval and largest independent community to Evangelical, and this risk of loss if the expenditure threatened hospital in a six-county region in central disciplined the pricing that Geisinger Geisinger’s business. The Collaboration Pennsylvania. For many patients in this negotiated with insurers. The same Agreement also included other region, Geisinger and Evangelical are disciplining effect would occur when entanglements, such as providing close substitutes for the provision of Geisinger raised prices to uninsured Evangelical with perpetual licenses to inpatient general acute-care services patients: In response to a price increase, Geisinger’s IT systems at no cost to Robust competition between hospitals Geisinger risked the uninsured patient Evangelical and proposing joint is important to American consumers. moving to Evangelical for care, a result ventures in service lines such as Hospitals such as Geisinger and which would keep Geisinger from women’s health and musculoskeletal Evangelical compete to be included in raising price. After it secured a 30% care, where Geisinger and Evangelical health insurers’ networks and to attract ownership interest in Evangelical, have historically competed. Maintaining patients by offering high-quality care, Geisinger would benefit to some degree these entanglements would reduce the lower prices, and increased access to when patients choose Evangelical over incentives for Geisinger and Evangelical services. Geisinger and Evangelical, like Geisinger for inpatient general acute- to compete aggressively on the quality, other hospitals, also compete to provide care services, since greater profits for scope, and availability of inpatient superior amenities, convenience, Evangelical would increase the value of general acute-care services. customer service, and attention to Geisinger’s ownership interest in c. The Collaboration Agreement Would patient satisfaction and wellness. The Evangelical. This ability to recapture a Enable the Sharing of Competitively Collaboration Agreement would significant portion of the value of lost Sensitive Information negatively impact all of those facets of patients through its ownership of competition to the detriment of Evangelical would give Geisinger The Collaboration Agreement also consumers in central Pennsylvania. increased market power to charge higher provided the means and opportunity for prices to uninsured patients and greater Defendants to share competitively a. The Collaboration Agreement Would bargaining leverage in negotiations over sensitive information. Under its terms, Create Financial Entanglements reimbursement rates with insurers. Evangelical was required to inform Between Defendants Insurers who pay higher reimbursement Geisinger about partnerships, joint Under the Collaboration Agreement, rates to Geisinger would pass along ventures, and transactions with other Geisinger would have acquired a 30% higher healthcare costs to consumers. healthcare entities before those interest in Evangelical, its close rival. In transactions were executed so that exchange, Geisinger committed to pay b. The Collaboration Agreement Would Geisinger would have the opportunity to $100 million to Evangelical over the Give Geisinger Undue Influence Over invoke its rights of first refusal or first next several years and would have Evangelical offer. The Collaboration Agreement remained a critical source of funding to The Collaboration Agreement would further required that, when Evangelical Evangelical for the foreseeable future. give Geisinger the ability to influence requested that Geisinger disburse funds This arrangement would establish an and exert control over Evangelical and from its $100 million commitment for indefinite partnership between how Evangelical competes in central strategic projects, Evangelical would be Evangelical and Geisinger, Pennsylvania. In addition to the required to provide Geisinger with

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supporting business plans, and A. Reduction of Ownership Interest and position to prevent other healthcare Geisinger could grant or withhold Investment entities from acquiring or partnering approval for certain capital projects. First and foremost, the proposed Final with Evangelical, and Geisinger’s These requirements would enable Judgment caps Geisinger’s ownership limited investment will benefit patients Geisinger to secure important forward- interest in Evangelical to a 7.5% passive and the community by partially looking information about Evangelical’s investment. Paragraph IV.A. renders the financing Evangelical’s modernization plans to compete with Geisinger. Collaboration Agreement, including its of its patient rooms and providing Requiring Evangelical to give Geisinger provision for Geisinger to obtain a 30% funding for wellness and recreation at a preview of its future competitive ownership interest in Evangelical, null the Miller Center. endeavors would likely soften and void. In its place, Defendants have B. Prohibitions Against Geisinger’s competition between Geisinger and entered into an Amended and Restated Influence and Control Over Evangelical Evangelical, diminish Evangelical’s Collaboration Agreement that is The Collaboration Agreement incentives to innovate and expand, and consistent with the terms of the impede Evangelical’s ability to enter contained numerous provisions that proposed Final Judgment. Paragraph gave Geisinger the ability to influence into strategic alliances with others to IV.B.2. prohibits Geisinger from and control its close competitor, compete with Geisinger in the future. increasing its ownership interest in Evangelical, through management d. Entry or Expansion Is Difficult Evangelical above the 7.5% cap that was positions and other means. For example, obtained in exchange for the as originally crafted, the Collaboration Entry of new competitors or approximately $20.3 million already Agreement gave Geisinger the right to expansion of existing competitors is paid by Geisinger to Evangelical, and appoint six members to Evangelical’s unlikely to prevent or remedy the Paragraph IV.B.3. prohibits Geisinger board of directors. The proposed Final anticompetitive effects of the from making any loan or providing any Judgment prohibits attempts to reinstate Transaction. The construction of a new line of credit to Evangelical. Paragraph such provisions during the ten-year hospital that offers inpatient general V.A. of the proposed Final Judgment term of the proposed Final Judgment in acute-care services in the relevant permits Evangelical to use the $20.3 order to prevent Geisinger from exerting geographic market would require million it has already received from influence or control over Evangelical in significant time, expenditures, and risk. Geisinger only for two specified the future. In the six-county region where projects, improving Evangelical’s Paragraphs IV.B.1. and IV.C. of the Defendants compete, no new hospitals patient rooms and sponsoring a local proposed Final Judgment, respectively, have been built for more than ten years, center for recreation and wellness. prevent Geisinger from appointing any and one closed in March 2020. Entry by Under Paragraph IV.F., Defendants may directors to Evangelical’s board of a new hospital in the relevant market is not amend the Amended and Restated directors and prevent Evangelical from unlikely due to declining demand for Collaboration Agreement without the appointing any directors to the board of inpatient general acute-care services and consent of the United States. directors of Geisinger or Geisinger low population growth. In addition, by limiting Geisinger’s Health Plan. Paragraph IV.B.4. prevents ownership interest in Evangelical and Geisinger from obtaining any III. Explanation of the Proposed Final prohibiting Geisinger from making any management or leadership position with Judgment loans to Evangelical, Paragraphs IV.B.2. Evangelical that would provide and IV.B.3. of the proposed Final Geisinger with the ability to influence The purpose of the proposed Final Judgment restore Geisinger’s incentives the strategic or competitive decision- Judgment is to remedy the loss of to compete on price in negotiations with making at Evangelical. Paragraph IV.D. competition alleged in the Complaint commercial insurers. Limiting the prevents Defendants from consulting and to ensure Evangelical and Geisinger ownership interest and prohibiting with each other regarding decisions to remain independent competitors. The loans substantially reduces any employ individuals in executive-level relief required by the proposed Final bargaining leverage Geisinger would positions. These provisions in the Judgment will remedy the loss of gain from recapturing the profits from proposed Final Judgment prevent competition alleged in the Complaint by any patients lost to Evangelical. Geisinger from exercising influence over ensuring that Evangelical remains an Similarly, these provisions preserve Evangelical through participation in its independent competitor in the market Defendants’ incentives to compete governance, management, or strategic for inpatient general acute-care services aggressively with each other as they decision-making, which would render in central Pennsylvania. The proposed have in the past for the business of Evangelical a less independent Final Judgment will restore competition uninsured consumers. competitor. by: (1) Capping Geisinger’s ownership As applied to the facts alleged in the The proposed Final Judgment also interest in Evangelical; (2) preventing Complaint, the limitations imposed on prohibits Geisinger from otherwise Geisinger from exerting control or Geisinger’s ownership interest and influencing Evangelical, preserving its influence over Evangelical; and (3) investment in Evangelical—along with competitive independence. Paragraph prohibiting Geisinger and Evangelical the removal of significant entanglements IV.B.5. of the proposed Final Judgment from sharing competitively sensitive between the Defendants discussed prevents Geisinger from maintaining or information—all of which will restore below—render Geisinger’s interest obtaining any right of first offer or first Defendants’ incentives to compete with passive, eliminate mechanisms for refusal regarding any proposal or offer each other on quality, access, and price. Geisinger to influence its smaller to Evangelical, including proposals to At the same time, the proposed Final competitor, and restore the incentives of enter into future joint ventures with Judgment permits Evangelical to use both hospitals to continue to compete other entities, competitively significant Geisinger’s passive investment for with one another to provide inpatient asset sales, or change-of-control specific projects that will benefit general acute-care services for the transactions by Evangelical. As alleged patients and the community. Finally, benefit of patients and health insurers. in the Complaint, having rights of first Defendants are required to institute Following entry of the proposed Final offer and first refusal would enable antitrust compliance programs. Judgment, Geisinger will not be in a Geisinger to interfere if Evangelical

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attempted to enter into such are preserved by eliminating all of project ($17 million) and to sponsor the transactions and would deter Geisinger’s rights to influence or control Lewisburg YMCA at the Miller Center in collaborations between Evangelical and decision-making at Evangelical, Lewisburg, Pennsylvania other entities. Prohibiting the use of removing other entanglements from the (approximately $3.3 million). These such rights eliminates an entanglement Collaboration Agreement, and capping projects will not impede competition between Geisinger and Evangelical that Geisinger’s equity stake in Evangelical between the parties and will benefit the would reduce Evangelical’s incentive to a 7.5% passive investment. The terms community. and ability to compete vigorously. of the proposed Final Judgment Paragraph V.B. of the proposed Final Paragraph IV.B.6. prohibits Geisinger maintain Evangelical’s independence as Judgment permits Geisinger to provide from controlling Evangelical’s a competitor, substantially reduce the certain information technology systems expenditure of funds, including likelihood that Defendants’ competitive and support to Evangelical at a Evangelical’s choice of strategic project incentives will be affected by discounted rate to enable Evangelical to investments. Paragraph IV.B.6. also Geisinger’s partial ownership, and upgrade its electronic health records prohibits Geisinger from providing a preserve Defendants’ incentives to systems. The proposed Final Judgment guaranty to Evangelical against any compete with each other on the price, also permits Geisinger to provide financial losses. In addition, Paragraph quality, and availability of services. Evangelical access to various back office IV.B.3. prohibits Geisinger from making software systems at commercially a loan or extending a line of credit to C. Prohibitions Against Sharing reasonable rates. Evangelical has been Evangelical. These provisions ensure Competitively Sensitive Information unable to accomplish such upgrades on Evangelical’s financial independence. The Collaboration Agreement would its own because of its status as a small Paragraph IV.B.7. prohibits Geisinger have provided the potential for independent community hospital. from licensing its information increased coordination between Permitting Evangelical to obtain this technology systems to Evangelical Geisinger and Evangelical arising from electronic medical records upgrade and without the consent of the United the sharing of sensitive, forward-looking related support from Geisinger at a States, except for information confidential information about discount will benefit patients in central technology systems and support Evangelical’s plans to compete with Pennsylvania and promote the adoption permitted under Paragraph V.B., subject Geisinger. The proposed Final Judgment of health information technology to to a firewall to prevent the sharing of requires that the provisions in the improve the delivery of care to patients. competitively sensitive information. Collaboration Agreement that would Geisinger’s provision of upgraded health These provisions enable Evangelical to have provided Geisinger with the ability records software and other support improve its hospital operations and to access Evangelical’s competitively software to Evangelical is unlikely to patient care in order to be a more sensitive information be eliminated in prevent Evangelical from collaborating effective competitor while limiting order to prevent Defendants from with other healthcare providers. The Geisinger’s ability to influence coordinating with one another using requirement in Paragraph VII.A. that Evangelical. that information. Paragraph IV.G. of the Defendants implement and maintain a Finally, to maintain their competitive proposed Final Judgment prohibits the firewall will prevent them from sharing independence, Paragraph IV.E. prevents Defendants from providing each other competitively sensitive information. Defendants from entering into any joint with non-public information, including ventures with each other, including any information about strategic projects F. Antitrust Compliance Program and those contemplated in the Collaboration being considered by either Defendant. It Firewall Agreement in certain service lines also prevents Defendants from having Defendants are required to institute an where Defendants historically access to each other’s financial records. antitrust compliance program to ensure competed, and from renewing, By preventing Defendants from sharing their compliance with the Final extending, or amending their joint this information, this provision Judgment and the antitrust laws. Under venture to operate a recreation and decreases the possibility of Section VI of the proposed Final wellness center called the Miller Center anticompetitive coordination between Judgment, each Defendant must create in Lewisburg, Pennsylvania, without the Defendants and helps maintain their an antitrust compliance program that is prior written consent of the United incentives to compete with one another. satisfactory to the United States to States. Exempted from this prohibition, This provision, however, allows ensure that Defendants comply with the however, are the renewal or extension of Defendants to exchange non-public Final Judgment. two joint ventures already in place— information that is necessary for the Defendants must designate an Evangelical-Geisinger, LLC, a joint care and treatment of patients. In Antitrust Compliance Officer who is venture between Geisinger and addition, Paragraph IV.B.5. prohibits responsible for implementing training Evangelical to provide student health Defendants from exercising or and antitrust compliance programs and services to Bucknell University and the maintaining any rights of first offer and ensuring compliance with the Final Keystone Accountable Care first refusal that would allow Geisinger Judgment. Among other duties, each Organization, LLC, an organization of to receive advance notice about Antitrust Compliance Officer will be doctors, hospitals, and other providers, Evangelical’s competitive plans through required to distribute copies of the Final that provides coordinated care to exercising such a right. Judgment to each of Defendants’ Medicare Patients. Defendants, respective management, among others, however, may not otherwise amend E. Permitted Conduct and to ensure that relevant training is these two pre-existing joint ventures Paragraph V.A. of the proposed Final provided to each Defendants’ without the prior written consent of the Judgment permits Evangelical to retain management as well as individuals with United States. the $20.3 million Geisinger already responsibility over Defendants’ Collectively, these provisions in the provided to Evangelical, defined in the information technology systems. proposed Final Judgment remove proposed Final Judgment as the Existing Defendants are each required to certify Geisinger’s ability to exercise influence Financial Payment, but only for the compliance with the Final Judgment or control over Evangelical. Defendants’ purpose of expending it on Evangelical’s and the requirements of the antitrust incentives to compete with each other PRIME patient room improvement compliance programs annually on the

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anniversary of the entry of the Final United States will be filed with the alternative remedies actually Judgment. Court. In addition, comments and the considered, whether its terms are Under Section VII, Defendants are United States’ responses will be ambiguous, and any other competitive required to implement and maintain a published in the Federal Register unless considerations bearing upon the firewall to prevent competitively the Court agrees that the United States adequacy of such judgment that the sensitive information from being instead may publish them on the U.S. court deems necessary to a disclosed in the course of Geisinger’s Department of Justice, Antitrust determination of whether the consent provision of electronic medical records Division’s internet website. judgment is in the public interest; and and other IT systems and services to Written comments should be (B) the impact of entry of such Evangelical. Defendants must provide submitted to: Eric D. Welsh, Chief, judgment upon competition in the their compliance plan for the firewall to Healthcare and Consumer Products relevant market or markets, upon the the United States for approval, and the Section, Antitrust Division, U.S. public generally and individuals United States maintains the right to seek Department of Justice, 450 Fifth Street alleging specific injury from the the Court’s determination as to NW, Suite 4100, Washington, DC 20530. violations set forth in the complaint sufficiency of the Defendants’ proposed The proposed Final Judgment including consideration of the public compliance plan for the firewall. provides that the Court retains benefit, if any, to be derived from a jurisdiction over this action, and the determination of the issues at trial. IV. Remedies Available to Potential parties may apply to the Court for any 15 U.S.C. 16(e)(1)(A) & (B). In Private Litigants order necessary or appropriate for the considering these statutory factors, the Section 4 of the Clayton Act, 15 modification, interpretation, or Court’s inquiry is necessarily a limited U.S.C. 15, provides that any person who enforcement of the Final Judgment. one as the government is entitled to has been injured as a result of conduct ‘‘broad discretion to settle with the VI. Alternatives to the Proposed Final prohibited by the antitrust laws may defendant within the reaches of the Judgment bring suit in federal court to recover public interest.’’ United States v. three times the damages the person has As an alternative to the proposed Microsoft Corp., 56 F.3d 1448, 1461 suffered, as well as costs and reasonable Final Judgment, the United States (D.C. Cir. 1995); United States v. U.S. attorneys’ fees. Entry of the proposed considered a full trial on the merits Airways Grp., Inc., 38 F. Supp. 3d 69, Final Judgment neither impairs nor challenging the partial acquisition. The 75 (D.D.C. 2014) (explaining that the assists the bringing of any private United States could have continued this ‘‘court’s inquiry is limited’’ in Tunney antitrust damage action. Under the litigation and sought preliminary and Act settlements); United States v. InBev provisions of Section 5(a) of the Clayton permanent injunctions against N.V./S.A., No. 08–1965 (JR), 2009 U.S. Act, 15 U.S.C. 16(a), the proposed Final Geisinger’s acquisition of partial Dist. LEXIS 84787, at *3 (D.D.C. Aug. Judgment has no prima facie effect in ownership of Evangelical and the 11, 2009) (noting that a court’s review any subsequent private lawsuit that may accompanying entanglements in the of a consent judgment is limited and be brought against Defendants. Transaction. The United States is only inquires ‘‘into whether the satisfied, however, that the relief government’s determination that the V. Procedures Available for described in the proposed Final proposed remedies will cure the Modification of the Proposed Final Judgment will remedy the antitrust violations alleged in the Judgment anticompetitive effects alleged in the complaint was reasonable, and whether The United States and Defendants Complaint, preserving competition in the mechanism to enforce the final have stipulated that the proposed Final the market for inpatient general acute- judgment are clear and manageable’’). Judgment may be entered by the Court care services in the six-county area in As the U.S. Court of Appeals for the after compliance with the provisions of Pennsylvania identified in the District of Columbia Circuit has held, the APPA, provided that the United Complaint. Thus, the proposed Final under the APPA a court considers, States has not withdrawn its consent. Judgment achieves all or substantially among other things, the relationship The APPA conditions entry upon the all of the relief the United States would between the remedy secured and the Court’s determination that the proposed have obtained through litigation, but specific allegations in the government’s Final Judgment is in the public interest. avoids the time, expense, and complaint, whether the proposed Final The APPA provides a period of at uncertainty of a full trial on the merits Judgment is sufficiently clear, whether least sixty days preceding the effective of the Complaint. its enforcement mechanisms are date of the proposed Final Judgment sufficient, and whether it may positively within which any person may submit to VII. Standard of Review Under the harm third parties. See Microsoft, 56 the United States written comments APPA for the Proposed Final Judgment F.3d at 1458–62. With respect to the regarding the proposed Final Judgment. The Clayton Act, as amended by the adequacy of the relief secured by the Any person who wishes to comment APPA, requires that proposed consent proposed Final Judgment, a court may should do so within sixty days of the judgments in antitrust cases brought by not ‘‘make de novo determination of date of publication of this Competitive the United States be subject to a sixty- facts and issues.’’ United States v. W. Impact Statement in the Federal day comment period, after which the Elec. Co., 993 F.2d 1572, 1577 (D.C. Cir. Register, or the last date of publication Court shall determine whether entry of 1993) (quotation marks omitted); see in a newspaper of the summary of this the proposed Final Judgment ‘‘is in the also Microsoft, 56 F.3d at 1460–62; Competitive Impact Statement, public interest.’’ 15 U.S.C. 16(e)(1). In United States v. Alcoa, Inc., 152 F. whichever is later. All comments making that determination, the Court, in Supp. 2d 37, 40 (D.D.C. 2001); United received during this period will be accordance with the statute as amended States v. Enova Corp., 107 F. Supp. 2d considered by the U.S. Department of in 2004, is required to consider: 10, 16 (D.D.C. 2000); InBev, 2009 U.S. Justice, which remains free to withdraw (A) The competitive impact of such Dist. LEXIS 84787, at *3. Instead, ‘‘[t]he its consent to the proposed Final judgment, including termination of balancing of competing social and Judgment at any time before the Court’s alleged violations, provisions for political interests affected by a proposed entry of the Final Judgment. The enforcement and modification, duration antitrust consent decree must be left, in comments and the response of the of relief sought, anticipated effects of the first instance, to the discretion of the

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Attorney General.’’ W. Elec. Co., 993 F. Supp. 3d at 75 (noting that the court Respectfully submitted, F.2d at 1577 (quotation marks omitted). must simply determine whether there is PLAINTIFF UNITED STATES OF AMERICA ‘‘The court should bear in mind the a factual foundation for the lllllllllllllllllllll flexibility of the public interest inquiry: government’s decisions such that its Natalie Melada The court’s function is not to determine conclusions regarding the proposed David M. Stoltzfus whether the resulting array of rights and settlements are reasonable); InBev, 2009 Chris S. Hong liabilities is one that will best serve U.S. Dist. LEXIS 84787, at *20 (‘‘[T]he David C. Kelly society, but only to confirm that the ‘public interest’ is not to be measured by Garrett Liskey resulting settlement is within the comparing the violations alleged in the Attorneys for the United States, U.S. reaches of the public interest.’’ complaint against those the court Department of Justice, Antitrust Division, 450 Microsoft, 56 F.3d at 1460 (quotation 5th Street NW, Suite 4100, Washington, DC believes could have, or even should 20530, Tel.: (202) 353–1833, Email: marks omitted); see also United States v. have, been alleged.’’). Because the [email protected]. Deutsche Telekom AG, No. 19–2232 ‘‘court’s authority to review the decree (TJK), 2020 WL 1873555, at *7 (D.D.C. depends entirely on the government’s [FR Doc. 2021–04953 Filed 3–9–21; 8:45 am] Apr. 14, 2020). More demanding exercising its prosecutorial discretion by BILLING CODE 4410–11–P requirements would ‘‘have enormous bringing a case in the first place,’’ it practical consequences for the follows that ‘‘the court is only DEPARTMENT OF JUSTICE government’s ability to negotiate future authorized to review the decree itself,’’ settlements,’’ contrary to congressional and not to ‘‘effectively redraft the Antitrust Division intent. Id. at 1456. ‘‘The Tunney Act complaint’’ to inquire into other matters was not intended to create a that the United States did not pursue. Notice Pursuant to the National disincentive to the use of the consent Microsoft, 56 F.3d at 1459–60. Cooperative Research and Production decree.’’ Id. In its 2004 amendments to the APPA, Act of 1993—Electrified Vehicle and The United States’ predictions about Congress made clear its intent to Energy Storage Evaluation the efficacy of the remedy are to be preserve the practical benefits of using afforded deference by the Court. See, consent judgments proposed by the Notice is hereby given that, on e.g., Microsoft, 56 F.3d at 1461 United States in antitrust enforcement, February 10, 2021, pursuant to Section (recognizing courts should give ‘‘due Public Law 108–237, 221, and added the 6(a) of the National Cooperative respect to the Justice Department’s . . . unambiguous instruction that ‘‘[n]othing Research and Production Act of 1993, view of the nature of its case’’); United in this section shall be construed to 15 U.S.C. 4301 et seq. (‘‘the Act’’), States v. Iron Mountain, Inc., 217 F. require the court to conduct an Electrified Vehicle and Energy Storage Supp. 3d 146, 152–53 (D.D.C. 2016) (‘‘In evidentiary hearing or to require the Evaluation (‘‘EVESE’’) has filed written evaluating objections to settlement court to permit anyone to intervene,’’ 15 notifications simultaneously with the agreements under the Tunney Act, a U.S.C. 16(e)(2). See also U.S. Airways, Attorney General and the Federal Trade court must be mindful that [t]he 38 F. Supp. 3d at 76 (indicating that a Commission disclosing changes in its government need not prove that the court is not required to hold an membership. The notifications were settlements will perfectly remedy the evidentiary hearing or to permit filed for the purpose of extending the alleged antitrust harms[;] it need only intervenors as part of its review under Act’s provisions limiting the recovery of provide a factual basis for concluding the Tunney Act). This language antitrust plaintiffs to actual damages that the settlements are reasonably explicitly wrote into the statute what under specified circumstances. adequate remedies for the alleged Congress intended when it first enacted Specifically, Gamma Technologies LLC, harms.’’ (internal citations omitted)); the Tunney Act in 1974. As Senator Westmont, IL, has been added as a party United States v. Republic Servs., Inc., Tunney explained: ‘‘[t]he court is to this venture. 723 F. Supp. 2d 157, 160 (D.D.C. 2010) nowhere compelled to go to trial or to No other changes have been made in (noting ‘‘the deferential review to which engage in extended proceedings which either the membership or planned the government’s proposed remedy is might have the effect of vitiating the activity of the group research project. accorded’’); United States v. Archer- benefits of prompt and less costly Membership in this group research Daniels-Midland Co., 272 F. Supp. 2d 1, settlement through the consent decree project remains open, and EVESE 6 (D.D.C. 2003) (‘‘A district court must process.’’ 119 Cong. Rec. 24,598 (1973) intends to file additional written accord due respect to the government’s notifications disclosing all changes in prediction as to the effect of proposed (statement of Sen. Tunney). ‘‘A court can make its public interest membership. remedies, its perception of the market On September 24, 2020, EVESE filed determination based on the competitive structure, and its view of the nature of its original notification pursuant to impact statement and response to public the case.’’). The ultimate question is Section 6(a) of the Act. The Department comments alone.’’ U.S. Airways, 38 F. whether ‘‘the remedies [obtained by the of Justice published a notice in the Supp. 3d at 76 (citing Enova Corp., 107 Final Judgment are] so inconsonant with Federal Register pursuant to Section F. Supp. 2d at 17). the allegations charged as to fall outside 6(b) of the Act on October 15, 2020 (85 of the ‘reaches of the public interest.’ ’’ VIII. Determinative Documents FR 65423). Microsoft, 56 F.3d at 1461 (quoting W. The last notification was filed with Elec. Co., 900 F.2d at 309). The only determinative documents or materials within the meaning of the the Department on December 1, 2020. A Moreover, the Court’s role under the notice was published in the Federal APPA is limited to reviewing the APPA that were considered by the United States in formulating the Register pursuant to section 6(b) of the remedy in relationship to the violations Act on December 9, 2020 (85 FR 79218). that the United States has alleged in its proposed Final Judgment are the complaint, and does not authorize the Collaboration Agreement, dated Suzanne Morris, Court to ‘‘construct [its] own February 1, 2019, and the Amended and Chief, Premerger and Division Statistics, hypothetical case and then evaluate the Restated Collaboration Agreement, Antitrust Division. decree against that case.’’ Microsoft, 56 dated February 18, 2021. [FR Doc. 2021–04973 Filed 3–9–21; 8:45 am] F.3d at 1459; see also U.S. Airways, 38 Dated: March 3, 2021 BILLING CODE 4410–11–P

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DEPARTMENT OF JUSTICE 15 U.S.C. 4301 et seq. (‘‘the Act’’), The PEOPLE’S REPUBLIC OF CHINA; Great Open Group, L.L.C. (‘‘TOG’’) has filed River Technology, Inc., Albuquerque, Antitrust Division written notifications simultaneously NM; Hawaiian Electric Company, with the Attorney General and the Honolulu, HI; INNOSEC Ltd, Hod Notice Pursuant to the National Federal Trade Commission disclosing Hasharon, ISRAEL; it SolutionCrew Cooperative Research and Production changes in its membership. The GmbH, Nussbaumen, SWITZERLAND; Act of 1993—Open Source Imaging notifications were filed for the purpose Mocana Corporation, San Francisco, CA; Consortium, Inc. of extending the Act’s provisions Moody’s Corporation, New York, NY; Notice is hereby given that, on limiting the recovery of antitrust Nagoya University, Nagoya, JAPAN; February 4, 2021, pursuant to Section plaintiffs to actual damages under OMEC Sp z.o.o., Warsaw, POLAND; 6(a) of the National Cooperative specified circumstances. Specifically, Process Management and Solutions, Research and Production Act of 1993, 848 Solutions Limited, Stafford, S.A. de C.V, Mexico City, MEXICO; 15 U.S.C. 4301 et seq. (‘‘the Act’’), Open UNITED KINGDOM; Advantech Radix U.S., LLC., Houston, TX; Source Imaging Consortium, Inc. Corporation, Irvine, CA; Aitech Defense Shenzhen Comtop Information (‘‘Open Source Imaging Consortium’’) Systems, Inc., Chatsworth, CA; Anurag Technologies, Shenzhen, PEOPLE’S has filed written notifications Group of Institutions, Hyderabad, REPUBLIC OF CHINA; SunDrill Energy simultaneously with the Attorney INDIA; B2B Learning, Brussels, Services, Houston, TX; Tachyus General and the Federal Trade BELGIUM; Baltijas Datoru Akademija, Corporation, Berkeley, CA; The SABSA Commission disclosing changes in its Riga, LATVIA; Beckhoff Automation, Institute, Hove, UNITED KINGDOM; membership. The notifications were LLC, Savage, MN; BP Exploration Visible Systems Corporation, Boston, filed for the purpose of extending the Operating Co Ltd, Sunbury Upon MA; and WellLogData, Inc., Houston, Act’s provisions limiting the recovery of Thames, UNITED KINGDOM; CAPC TX, have withdrawn as parties to this antitrust plaintiffs to actual damages Group, LLC, Cincinnati, OH; Cerner venture. under specified circumstances. Corporation, Kansas City, MO; No other changes have been made in Specifically, National Hospital Collaborative Systems Integration, LLC, either the membership or planned Organization, Kinki-Chui Chest Medical Austin, TX; Croc Region Ltd., Moscow, activity of the group research project. Center, Osaka, JAPAN; and Imvaria, Inc, RUSSIAN FEDERATION; Datagration Membership in this group research Mountain View, CA, have been added as Solutions, Inc., Houston, TX; Deeplight project remains open, and TOG intends parties to this venture. Technologies, Reading, UNITED to file additional written notifications No other changes have been made in KINGDOM; dGB Earth Sciences BV, disclosing all changes in membership. either the membership or planned Enschede, THE NETHERLANDS; DNV On April 12, 1997, TOG filed its activity of the group research project. GL Business Assurance Norway AS, original notification pursuant to Section Membership in this group research H

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filed for the purpose of extending the Francisco, CA; and SkyScanner, San Electro-Optics Center Division, Act’s provisions limiting the recovery of Francisco, CA, have withdrawn as Freeport, PA; United Aircraft antitrust plaintiffs to actual damages parties to this venture. Technologies, Inc., Troy, NY; Urban under specified circumstances. No other changes have been made in Electric Power, Inc., Pearl River, NY; Specifically, Marubun/Arrow (HK) either the membership or planned Ventus Executive Solutions LLC, Limited, Hong Kong, HONG KONG activity of the group research project. Fairfax, VA; and VMware, Inc., Palo SAR; Seiko Epson Corporation, Nagano- Membership in this group research Alto, CA have been added as parties to Ken, JAPAN; Continental Automotive project remains open, and OpenJS this venture. GmbH, Wetzlar, GERMANY; and Foundation intends to file additional Also, AMERICAN SYSTEMS, Storewell Media Manufacturing Ltd., written notifications disclosing all Middletow, RI; AMETEK SCP, Westerly, Taoyuan City, TAIWAN, have changes in membership. RI; ANDRO Computational Solutions, withdrawn as parties to this venture. On August 17, 2015, OpenJS LLC, Rome, NY; Ardalyst Federal LLC, No other changes have been made in Foundation filed its original notification Annapolis, MD; ATLAS North America either the membership or planned pursuant to Section 6(a) of the Act. The (ANA), Yorktown, VA; Beck activity of the group research project. Department of Justice published a notice Engineering Inc., Poulsbo, WA; Contrast Membership in this group research in the Federal Register pursuant to Inc., Albuquerque, NM; CSA Ocean project remains open, and DVD CCA Section 6(b) of the Act on September 28, Sciences Inc., Stuart, FL; Expedition intends to file additional written 2015 (80 FR 58297). Technology Inc., Dulles, VA; G2 Ops notifications disclosing all changes in The last notification was filed with Inc., Virginia Beach, VA; Globe membership. the Department on August 14, 2020. A Composite Solutions, Ltd., Stoughton, On April 11, 2001, DVD CCA filed its notice was published in the Federal MA; ICE ITS, Inc., Ashburn, VA; ION/ original notification pursuant to Section Register pursuant to Section 6(b) of the IO Marine Systems, New Orleans, LA; 6(a) of the Act. The Department of Act on August 28, 2020 (85 FR 53399). Joel Drake Consulting, LLC, San Diego, Justice published a notice in the Federal Suzanne Morris, CA; and L3 Harris OceanServer, Inc., Register pursuant to Section 6(b) of the Chief, Premerger and Division Statistics, Fall River, MA have withdrawn from Act on August 3, 2001 (66 FR 40727). Antitrust Division. this venture. The last notification was filed with No other changes have been made in [FR Doc. 2021–04962 Filed 3–9–21; 8:45 am] the Department on October 14, 2020. A either the membership or planned BILLING CODE 4410–11–P notice was published in the Federal activity of the group research project. Register pursuant to Section 6(b) of the Membership in this group research Act on November 19, 2020 (85 FR DEPARTMENT OF JUSTICE project remains open, and UTIC intends 73749). to file additional written notifications Suzanne Morris, Antitrust Division disclosing all changes in membership. On October 9, 2018, UTIC filed its Chief, Premerger and Division Statistics, Notice Pursuant to the National original notification pursuant to Section Antitrust Division. Cooperative Research and Production 6(a) of the Act. The Department of [FR Doc. 2021–04974 Filed 3–9–21; 8:45 am] Act of 1993—Undersea Technology Justice published a notice in the Federal BILLING CODE 4410–11–P Innovation Consortium Register pursuant to Section 6(b) of the Act on November 2, 2018 (83 FR 55203). Notice is hereby given that, on The last notification was filed with DEPARTMENT OF JUSTICE February 5, 2021, pursuant to Section the Department on November 9, 2020. A 6(a) of the National Cooperative notice was published in the Federal Antitrust Division Research and Production Act of 1993, Register pursuant to Section 6(b) of the 15 U.S.C. 4301 et seq. (‘‘the Act’’), Notice Pursuant to the National Act on November 20, 2020 (85 FR Undersea Technology Innovation Cooperative Research and Production 74386). Consortium (‘‘UTIC’’) has filed written Act of 1993—OpenJS Foundation notifications simultaneously with the Suzanne Morris, Notice is hereby given that, on Attorney General and the Federal Trade Chief, Premerger and Division Statistics, February 12, 2021, pursuant to Section Commission disclosing changes in its Antitrust Division. 6(a) of the National Cooperative membership. The notifications were [FR Doc. 2021–04957 Filed 3–9–21; 8:45 am] Research and Production Act of 1993, filed for the purpose of extending the BILLING CODE 4410–11–P 15 U.S.C. 4301 et seq. (‘‘the Act’’), Act’s provisions limiting the recovery of OpenJS Foundation has filed written antitrust plaintiffs to actual damages notifications simultaneously with the under specified circumstances. DEPARTMENT OF JUSTICE Attorney General and the Federal Trade Specifically, Compass Systems, Inc., Commission disclosing changes in its Lexington Park, MD; Cross Domain Antitrust Division membership. The notifications were Systems, Inc., Medford, CA; DataRobot, Notice Pursuant to the National filed for the purpose of extending the Inc., Boston, VA; Linden Photonics, Cooperative Research And Production Act’s provisions limiting the recovery of Inc., Westford, MA; Marotta Controls, Act of 1993—IMS Global Learning antitrust plaintiffs to actual damages Montville, NJ; Massa Products Consortium, Inc. under specified circumstances. Corporation, Hingham, MA; Materials Specifically, Bloomberg L.P., New York, Sciences LLC, Horsham, PA; Ocean Notice is hereby given that, on NY, has been added as a party to this Power Technologies, Monroe Township, February 17, 2021, pursuant to Section venture. NJ; Research and Development 6(a) of the National Cooperative Also, YLD! Limited, London, UNITED Solutions, Inc., McLean, VA; Sidus Research and Production Act of 1993, KINGDOM; Fidelity, Boston, MA; Solutions LLC, San Diego, CA; SubUAS 15 U.S.C. 4301 et seq. (‘‘the Act’’), IMS SafetyCulture, Townsville, LLC, Hillsborough, NJ; Sunfish, Inc., Del Global Learning Consortium, Inc. (‘‘IMS AUSTRALIA; BrowserStack, Plano, TX; Valle, TX; The Pennsylvania State Global’’) has filed written notifications CloudGrey, Houston, TX; Vincit, San University Applied Research Laboratory simultaneously with the Attorney

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General and the Federal Trade DEPARTMENT OF JUSTICE Cape Town, SOUTH AFRICA; Sigma Commission disclosing changes in its Systems to Hansen Technologies, membership. The notifications were Antitrust Division Toronto, CANADA; ARRIS Solutions, filed for the purpose of extending the Inc. to CommScope, Suwanee, GA. Notice Pursuant to the National Act’s provisions limiting the recovery of Cooperative Research and Production In addition, the following parties have antitrust plaintiffs to actual damages Act of 1993—Telemanagement Forum withdrawn as parties to this venture: under specified circumstances. Adad, Sophia Antipolis, FRANCE; Specifically, 2U, Lanham, MD; Amplify Notice is hereby given that, on Beijing Qcubic Tech Co. Ltd, Beijing, Education, Brooklyn, NY; Atomic Jolt, January 27, 2021, pursuant to Section CHINA; BitX Limited, Georgetown, Millville, UT; Central Piedmont 6(a) of the National Cooperative GUYANA; Cartesian, Overland Park, Community College, Charlotte, NC; Research and Production Act of 1993, KS; Centina Systems, Inc., Plano, TX; 15 U.S.C. 4301 et seq. (‘‘the Act’’), TM Click4Europe srl, Cagliari, ITALY; Cloudlite, Moscow, RUSSIA; Digital Forum, A New Jersey Non Profit CPALMS, Tallahassee, FL; Darlington Afrique Telecom, Abidjan, COˆ TE Corporation (‘‘The Forum’’) filed written County School District, Darlington, SC; D’IVOIRE; Empirix Inc., Billerica, MA; notifications simultaneously with the Digital Promise, Washington, DC; N2N Enterprise Ireland, Dublin 3, IRELAND; Services, Duluth, GA; Salesforce.com, Attorney General and the Federal Trade Commission disclosing changes in its Equatorial Telecom, Sa˜o Luı´s, BRAZIL; Inc., San Francisco, CA; South Orange Equinix, Inc, Tampa, FL; Expedite County Community College District, membership. The notifications were filed for the purpose of extending the Commerce, Plano, TX; Galileo Software, Mission Viejo, CA; and Territorium, Act’s provisions limiting the recovery of Cork, IRELAND; Inducta d.o.o., Zagreb, LLC, San Antonio, TX, have been added antitrust plaintiffs to actual damages CROATIA; Mad Enterprise, Pornic, as parties to this venture. under specified circumstances. FRANCE; Maestracom, Nice Alpes Also, State University of New York, Specifically, the following entities Maritimes, FRANCE; Modern Telecom Albany, NY; Abre, Cincinnati, OH; have become members of the Forum: Systems IT, Cairo, EGYPT; Neustar, Purdue University, West Lafayette, IN; Kevin Scaggs, Troy, IL; Atricom Systems Sterling, VA; Progresif Cellular Sdn itslearning AS, Bergen, NORWAY; Ltd, Hod HaSharon, ISRAEL; Tatic Bhd, Bandar Seri Begawan, BRUNEI Convergence, Inc., Markham, Ontario, Solucoes Em Informatica Ltda, Belo DARUSSALAM; ProximaX, Singapore, CANADA; Grapevine Colleyville ISD, Horizonte, BRAZIL; VizuaMatix Private SINGAPORE; Reinfer Ltd, London, Grapevine, TX; Xtremelabs LLC, Limited, Nawala Rajagiriya, SRI UNITED KINGDOM; Smartrek, Wabern, Redmond, WA; and Explorance, LANKA; Info-M Szamitastechnikai SWITZERLAND; T&BS SAS, Paris, Montreal, Quebec, CANADA, have Kereskedelmi es Szolgaltato Zrt, FRANCE; Unico Computer Systems, withdrawn as parties to this venture. In Budapest, HUNGARY; Altifio, London, Melbourne, AUSTRALIA; VertiGIS addition, K12.com changed its name to UNITED KINGDOM; University of GmbH, Wels, AUSTRIA; VIVA—Kuwait Stride, Herndon, VA. Edinburgh, Edinburgh, UNITED Telecommunications Company, KINGDOM; Billity AS, Foldroyhamn, No other changes have been made in Salmiya, KUWAIT; VOO SA, Lie`ge, NORWAY; SuccessFul Telecom BELGIUM. either the membership or planned Technology Co., Ltd., Shanghai, CHINA; activity of the group research project. Inetum, Saint-Ouen, FRANCE; IST— No other changes have been made in Membership in this group research International Software Techniques S.A., either the membership or planned project remains open, and IMS Global Maroussi, GREECE; JT (Jersey) Ltd, St activity of the group research project. intends to file additional written Helier, JERSEY; Tecnovos Technologies Membership in this group research notifications disclosing all changes in LLP, Ulsoor, INDIA; Accedian project remains open and TM Forum membership. Networks, Saint-Laurent, CANADA; intends to file additional written On April 7, 2000, IMS Global filed its WeCity, Utrecht, NETHERLANDS; notifications disclosing all changes in original notification pursuant to Section Hydro One Telecom, Etobicoke, membership. 6(a) of the Act. The Department of CANADA; Palladin Technologies, On October 21, 1988, TM Forum filed Justice published a notice in the Federal Atlanta, GA; Hargray Communications its original notification pursuant to Register pursuant to Section 6(b) of the Group, Inc., Hilton Head Island, SC; Section 6(a) of the Act. The Department iQmetrix, Vancouver, CANADA; Act on September 13, 2000 (65 FR of Justice published a notice in the 2Degrees Mobile Ltd, Auckland, NEW 55283). Federal Register pursuant to Section ZEALAND; U Mobile Sdn. Bhd., Kuala 6(b) of the Act on December 8, 1988 (53 The last notification was filed with Lumpur, MALAYSIA; L&T Technology the Department on December 3, 2020. A Services Limited, Gujarat, INDIA; Zain FR 49615). notice was published in the Federal Group—Mobile Telecommunications The last notification was filed with Register pursuant to Section 6(b) of the Company K.S.C.P, Safat, KUWAIT; the Department on October 30, 2020. A Act on December 22, 2020 (85 FR Avanseus Holdings Pte Ltd., Bugis notice was published in the Federal 83613). Junction, SINGAPORE; Mobile Register pursuant to Section 6(b) of the Telecommunications Company Saudi Act on November 23, 2020 (85 FR Suzanne Morris, Arabia (Zain KSA), Riyadh, SAUDI 74762). Chief, Premerger and Division Statistics, ARABIA; CyberMAK Information Antitrust Division. Systems W.L.L., Kuwait City, KUWAIT. Suzanne Morris, [FR Doc. 2021–04975 Filed 3–9–21; 8:45 am] Also, the following members have Chief, Premerger and Division Statistics, BILLING CODE 4410–11–P changed their names: Agile Network Antitrust Division. Systems Limited to ANS Digital [FR Doc. 2021–04968 Filed 3–9–21; 8:45 am] Transformation Limited, London, BILLING CODE 4410–11–P UNITED KINGDOM; Bytes Systems Integration a division of Altron TMT (Pty) Ltd. to Altron Systems Integration,

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DEPARTMENT OF JUSTICE To submit and questions identified in the comments: Send them to: Supplementary Information section Notice of Lodging of Proposed below. Responses to this Request for Consent Decree Under the Clean Water By email ...... pubcomment-ees.enrd@ Information (RFI) will help the Act usdoj.gov. Department to identify approaches for By mail ...... Assistant Attorney General, U.S. DOJ—ENRD, P.O. generating accurate, timely and useful On March 1, 2021, the Department of Box 7611, Washington, DC labor market information, and will Justice lodged a proposed Consent 20044–7611. complement the Department’s Decree with the United States District consultations, as required under the Court for the Western District of During the public comment period, law, with the Department of the Interior, Michigan in the lawsuit entitled United the Consent Decree may be examined tribes, and the Census Bureau. States v. Walnutdale Family Farms, LLC and downloaded at this Justice DATES: Submit written responses on or and Kevin Lettinga, Civil Action No. Department website: https:// before April 9, 2021. Responses are 1:20–cv–397. www.justice.gov/enrd/consent-decrees. requested by 11:59 p.m. on the date On May 7, 2020, the United States We will provide a paper copy of the above. filed a complaint against Walnutdale Consent Decree upon written request ADDRESSES: Information provided in Family Farms, LLC and Kevin Lettinga and payment of reproduction costs. response to this request can be (collectively, the ‘‘Defendants’’) alleging Please mail your request and payment submitted electronically to: ILFR@ violation of the Clean Water Act to: Consent Decree Library, U.S. DOJ— dol.gov or in hard copy, by mail or (‘‘CWA’’) and the Defendants’ National ENRD, P.O. Box 7611, Washington, DC delivery service, to: Wayne Gordon, Pollutant Discharge Elimination System 20044–7611. Director, Division of Research and (‘‘NPDES’’) permits at its concentrated Please enclose a check or money order Evaluation, Employment and Training animal feeding operation (‘‘CAFO’’) in for $19.75 (25 cents per page Administration, U.S. Department of Wayland, Michigan. The violations reproduction cost) payable to the United Labor, Room N–5641, 200 Constitution include discharges of manure and States Treasury. Avenue NW, Washington, DC 20210. process wastewater, inadequate Patricia McKenna, operation and maintenance of waste Additional Information and Assistant Section Chief, Environmental Instructions storage devices, and failure to land Enforcement Section, Environment and apply manure in accordance with the Natural Resources Division. (1) All submissions should reference Facility’s NPDES permits. On May 11, [FR Doc. 2021–04897 Filed 3–9–21; 8:45 am] the agency name (Employment and Training Administration (ETA) and 2020, Sierra Club moved to intervene in BILLING CODE 4410–15–P this action, alleging similar violations. concern ‘‘Information Concerning a The proposed Consent Decree Report on Labor Market Information on resolves the United States’ and Sierra the Native American Work Force.’’ DEPARTMENT OF LABOR (2) Submissions should include a Club’s claims by requiring the name, phone number, and email address Defendants to assess and correct any Employment and Training for a single point of contact, in addition problems with their waste storage Administration to the organizations, tribes, or other structures, imposing heightened governmental agencies with which standards for land application of CAFO Request for Information Concerning a respondents are associated. waste, and enhancing reporting Report on Labor Market Information on the Native American Work Force (3) Responses will not be posted requirements. The Consent Decree also publicly but will be summarized in a requires Defendant to pay a civil penalty AGENCY: Employment and Training report prepared by the Department of of $33,750 to the United States based on Administration, U.S. Department of Labor. It should be noted that any their limited ability to pay a civil Labor. information submitted to the penalty. In addition to the civil penalty, ACTION: Request for information. Department may be releasable pursuant Defendants will pay $11,250 to the to the provisions of the Freedom of Sierra Club for a portion of its attorneys’ SUMMARY: The Department of Labor (the Information Act or other applicable law. fees. Finally, the proposed Consent ‘‘Department’’) requests information on For that reason, the Department requests Decree resolves violations of a prior issues related to the development of a that no business proprietary Consent Decree and supersedes the report concerning ‘‘Labor Market information, copyrighted information, prior Consent Decree. Information on the Indian Workforce,’’ or personally identifiable information be The publication of this notice opens pursuant to the requirement in the submitted in response to this RFI. a period for public comment on the Indian Employment, Training and (4) Please refer to the section on Consent Decree. Comments should be Related Services Consolidation Act of Supplementary Information below for addressed to the Assistant Attorney 2017. The law tasks the Secretary of background information and questions General, Environment and Natural Labor to ‘‘in a consistent and reliable that respondents may want to address in Resources Division, and should refer to manner, develop, maintain and publish, their submissions. Should they choose the United States District Court for the not less than biennially’’ information to reply to some or all of those Western District of Michigan in the related to 574 federally recognized questions, respondents are requested to lawsuit entitled United States v. tribes who are eligible for services under identify the section number(s) relevant Walnutdale Family Farms, LLC and the Bureau of Indian Affairs (in the to the appropriate sections of their Kevin Lettinga, D.J. Ref. No. 90–5–1–1– Department of the Interior). The submission. 07515/1. All comments must be Department invites tribal leaders, (5) Please note that research and submitted no later than thirty (30) days representatives, data specialists, and evaluation studies, statistical after the publication date of this notice. tribal members, as well as researchers information, training materials, policy Comments may be submitted either by and other interested parties to submit statements or reports, or other relevant email or by mail: information related to the discussion information may also be included or

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referenced in responses. Please include population) estimates on employment to be produced every two years, which hyperlinks if available. and unemployment regarding tribal would require updating all the data FOR FURTHER INFORMATION CONTACT: areas (rather than for the service presented in it, based on new data Wayne Gordon, Room N–5641, 200 populations), and only state and collection with samples of sufficient Constitution Avenue NW, Washington, national level estimates on some of the size and representativeness to assure DC 20210; by email: [email protected]; or by other measures identified in the law. accurate results. In light of options for telephone: (202) 693–3179 (this is not a Overall, then, the 2013 report raised adding other labor force and labor toll-free number). TTY/TDD callers may many concerns and issues that remain market data elements, improvements in dial toll-free 1 (877) 889–5627 to obtain to be resolved in regard to developing the population data that may be information. future reports presenting labor market available on your tribe, and challenges information on the Native American in collecting the underlying data, SUPPLEMENTARY INFORMATION: workforce. information is requested on the I. Background following: II. Request for Public Comment A report on labor market information a. What other labor market or The Department seeks information to on the Native American workforce was workforce data, beyond the required help assure that future reports will elements, would it be helpful to have in first required under the Indian present data that is accurate, consistent, the reports? Employment, Training and Related and useful, and offers below additional b. How frequently should reports be Services Demonstration Act of 1992 information and series of questions that issued, and for what purposes? (Pub. L. 102–477, enacted October 23, respondents may want to use to guide c. Should biennial reports cover all 1992). Under that law, the Secretary of responses to this RFI. Response to this the data elements each time and if not, the Interior was responsible for RFI is voluntary. Most of the questions, what other options should be producing a report biennially regarding it should be noted, are geared to tribes considered? the same data required in the Labor themselves, since they are the primary (3) Data Sources and Quality: As Department report, under the 2017 law, intended beneficiaries of the report. noted above, prior reports drew from i.e., ‘‘at the national level, by State, (1) Uses of the Report: The different data sources, such as the Bureau of Indian Affairs Service area, Department is interested in how to decennial census, the American and tribal level for: (1) The total service assure that the population and labor Community Survey, tribal enrollment population; (2) the service population force data presented in the report are as data, and surveys of tribes. Although the under age 16 and over 64; (3) the useful as possible, and for that reason, past reports endeavored to provide the population available for work, including requests information related to the most accurate estimates possible, they those not considered to be actively following: have engendered a variety of concerns seeking work; (4) the employed a. How did your tribe use information such as: An undercount overall and at population, including those employed from past reports, such as for grant the tribal level; incomplete information with annual earnings below the poverty applications, service planning, on the depths of ‘‘joblessness’’ among line; and (5) the numbers employed in economic development, or other those are not actively seeking work due private sector positions and in public purposes? to lack of available jobs; use of small sector positions.’’ b. What data has your tribe used for samples and data collection methods The Interior Department’s Bureau of those purposes since the last report was that result in incomplete or inaccurate Indian Affairs (BIA) produced 13 reports produced in 2013? data; a ‘‘spatial mismatch’’ between (entitled The American Indian c. What do you think are likely to be tribal areas and county-level data, and Population and Labor Force Report) the most important uses for the data in lack of recognition of part-year with the last report issued in 2013. Prior future reports for your tribe? residency of tribal members; and to that report, the population estimates (2) Scope and Frequency of Reports: difficulties in determining who should in the reports were based primarily on The law requires that the information in be counted in the service populations in data provided by the tribes themselves. the report must include but is ‘‘not tribal areas. To address some of these However, in response to concerns about limited to’’ data on the total and prime problems, several tribes and tribal the accuracy and consistency of tribally age service populations and advocacy organizations have conducted provided data, BIA’s 2013 report made employment, both generally, by annual research on alternative methods for a number of changes. These included poverty-level earnings, and by private collecting or adjusting available data on use of data from a combination of and public sector employment. These individual tribes’ populations and sources, such as the decennial Census, required data elements do not, however, various service needs. In light of these multi-year data from the Census cover a range of population and labor issues, information is sought on the Bureau’s American Community Survey market data that are typically available following: (ACS), and data provided from a survey to other jurisdictions at the county and a. What in your view are the best that BIA conducted with tribes. The municipal level in the U.S. Examples of existing sources of data, for assuring report also used new methods for the data available to other jurisdictions accuracy and consistency, such as that estimating service populations based on include those related to age, gender, from the ACS, tribal enrollment and county-level data that attempted to educational level, occupation, and membership records, or some approximate the geographic boundaries industry, derived from both household combination of existing sources? of tribes and nearby areas. Importantly, and establishment surveys, among other b. Are there other data sources or data in regard to the Native American sources. Also, in recent years, the collection methods of which you are workforce, the report did not present Census Bureau has made changes in its aware, that may be of interest to your estimates that met the exact sampling and geographic mapping tribe in developing more accurate requirements of the law, due to the lack capabilities, and created more accessible population or labor force estimates? of underlying data upon which to base population statistics for individual (4) Data Collection Capacity: such estimates. For that reason, the tribes through its website, My Tribal Improving data quality and accuracy report used only Census data and Area at https://www.census.gov/tribal/. may depend on development of tribes’ presented percentage (rather than Further the law also requires the report ability to collect their own data, but

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relatively little is known about the tribal ‘‘service areas’’ and how might lodging costs as part of required current capacity of tribes to do so, nor those be resolved? subsistence. c. Should there be a single data source how challenges in collecting and DATES: This annual update is effective used, or multiple possible data sources reporting data may vary among tribes on March 10, 2021. that have widely different population permitted in the report? sizes and locations. For that reason, the d. Should data standards be FOR FURTHER INFORMATION CONTACT: Department seeks information on the developed and if so, by whom? and Brian Pasternak, Administrator, Office tribes’ current capacity for data e. What other technical issues need to of Foreign Labor Certification, collection, analysis and reporting. The be addressed in regard to national Employment and Training following questions may be useful in survey data or tribally generated data? Administration, U.S. Department of Labor, N–5311, 200 Constitution providing information about this: III. Conclusion a. Does your tribe collect any Avenue NW, Washington, DC 20210, by population or labor force data? If so, The Department invites all tribes and telephone at 202–693–8200 (this is not what type of data does your tribe other interested parties to submit a toll-free number). Individuals with currently collect? information relevant to development of hearing or speech impairments may b. What are the methods used to the report, including but not limited to access the telephone numbers above via collect that data, and how might those the questions posed in this RFI. The TTY/TDD by calling the toll-free Federal relate to the size and location of your information provided by respondents Information Relay Service at 1 (877) tribe? will help in identifying and clarifying a 889–5627 (this is not a toll-free number). c. How often are those data collected, range of approaches for meeting the updated, and reported? requirements of the law, and for SUPPLEMENTARY INFORMATION: The U.S. d. How many staff (full and part time), generating accurate, reliable and timely Citizenship and Immigration Services of including volunteers, are dedicated to population, labor force, and labor the Department of Homeland Security such an effort, and if so, does your tribe market information that will be useful to will not approve an employer’s petition partner with external organizations for tribal governments, as well as to Federal for the admission of H–2A or H–2B such activities? and state agencies that provide support nonimmigrant temporary workers in the e. If your tribe were to undertake to them and their members. United States unless the petitioner has additional data collection and reporting, Suzan G. LeVine, received an H–2A or H–2B labor what types or training and technical Principal Deputy Assistant Secretary for certification from the Department. The assistance might be most useful to your Employment and Training, Labor. labor certification generally provides tribe? Would additional computer or [FR Doc. 2021–04938 Filed 3–9–21; 8:45 am] that: (1) There are not sufficient U.S. internet resources be needed in order to BILLING CODE 4510–FM–P workers who are able, willing, and engage more data collection? qualified and who will be available at (5) Privacy and Data Security: the time and place needed to perform Protecting the privacy of individuals DEPARTMENT OF LABOR the labor or services involved in the and their families has been of increasing petition; and (2) the employment of the importance to tribes, and was an Employment and Training foreign worker(s) in such labor or important topic in the consultations Administration services will not adversely affect the conducted with tribes by the Census wages and working conditions of Bureau in 2019. In light of this, Labor Certification Process for the workers in the U.S. similarly employed. information is requested on the Temporary Employment of H–2A and See 20 CFR 655.1(a) and 655.100. H–2B Foreign Workers in the United following: Allowable Meal Charge a. What are the most important issues States: Annual Update to Allowable related to privacy and data security Monetary Charges for Agricultural H–2A agricultural employers who are regarding the future reports with labor Workers’ Meals and for Travel employing workers in occupations other market information on the Native Subsistence Reimbursement, than herding or production of livestock American work force? Including Lodging on the range must offer and provide each worker three meals per day or b. What are the key issues of concern AGENCY: Employment and Training provide the workers free and convenient regarding privacy, including access to Administration, Labor. cooking facilities.1 See § 655.122(g). and security of, tribally-collected data? ACTION: Notice. (6) Technical Issues: There are a Where the employer provides the meals, number of technical issues that will SUMMARY: The Employment and the job offer must state the charge, if need to be resolved in order to develop Training Administration (ETA) of the any, to the worker for such meals. See a report on labor market information on Department of Labor (Department) is id. The amount of meal charges is the Native American work force that issuing this notice to announce the governed by § 655.173. includes the data as required in the law, annual updates to allowable monetary By regulation, the Department has and possibly other data. Information is charges employers of H–2A workers, in established the methodology for sought on relevant issues and possible occupations other than herding or determining the maximum amount that options to resolve these technical issues, production of livestock on the range, H–2A agricultural employers may including but not limited to the may charge these workers when the charge workers for providing them with following: employer provides three meals per day. three meals per day. See § 655.173(a). a. What are the key issues concerning This notice also announces the This methodology allows for annual consistency across tribes for population maximum travel subsistence meal adjustments of the previous year’s and labor force counts, especially the reimbursement a worker with receipts maximum allowable charge based on number counted as the ‘‘service may claim under the H–2A and H–2B 1 population’’? H–2A employers must provide workers engaged programs. Finally, this notice includes a in herding or the production of livestock on the b. What are the key issues in regard reminder regarding employers’ range meals or food to prepare meals without to the definition and boundaries of obligations with respect to overnight charge or deposit charge. See 20 CFR 655.210(e).

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the updated Consumer Price Index for percent of the work contract period. The to reimburse above the minimum stated All Urban Consumers for Food (CPI–U employer must provide (or pay at the at § 655.173, as specified above. for Food), not seasonally adjusted. See time of departure) the worker’s return If transportation and lodging are not id. The maximum amount employers costs upon the worker completing the provided by the employer, the amount may charge workers for providing meals contract or being dismissed without an employer must pay for transportation is adjusted annually by the 12-month cause. See § 655.122(h)(1) and (2). and, where required, lodging must be no less than (and is not required to be more percentage change in the CPI–U for Similarly, an H–2B employer is than) the most economical and Food for the prior year (i.e., between responsible for providing, paying in December of the year just concluded reasonable costs. The employer is advance, or reimbursing a worker for the and December of the prior year). See id. responsible for those costs necessary for reasonable costs of transportation and The Office of Foreign Labor Certification the worker to travel to the worksite if daily subsistence between the (OFLC) Certifying Officer may also the worker completes 50 percent of the employer’s worksite and the place from permit an employer to charge workers a work contract period but is not higher amount for providing them with which the worker has come to work for responsible for unauthorized detours. three meals a day if the higher amount the employer—if the worker completes The employer also is responsible for the is justified and sufficiently documented 50 percent of the job order period—and costs of return transportation and by the employer, as set forth in upon the worker completing the job subsistence, including lodging costs § 655.173(b). order period or being dismissed early where necessary, as described above. The percentage change in the CPI–U (for any reason), return costs as well. These requirements apply equally to for Food between December 2019 and See § 655.20(j)(1)(i) and (ii). instances where the worker is traveling December 2020 was 3.9 percent.2 Thus, The minimum amount of daily travel within the U.S. to the employer’s the annual update to the H–2A subsistence expense for meals for which worksite. See §§ 655.122(h)(1) and (2) allowable meal charge is calculated by a worker is entitled to reimbursement and 655.20(j)(1)(i) and (ii). multiplying the current allowable meal must be at least as much as the For further information on when the charge ($12.68) by the 12-month employer would charge for providing employer is responsible for lodging percentage change in the CPI–U for the worker with three meals per day costs, please see the Department’s H–2A Food between December 2019 and during employment (if applicable). Frequently Asked Questions on Travel December 2020 ($12.68 × 1.039 = Under no circumstances may the and Daily Subsistence, on OFLC’s $13.17). Accordingly, the updated employer reimburse workers less than website at https://www.dol.gov/ maximum allowable charge under the amount permitted under agencies/eta/foreign-labor. §§ 655.122(g) and 655.173 is $13.17 per § 655.173(a) (i.e., the current year’s daily Suzan G. LeVine, day, and an employer is not permitted meal charge amount of $13.17). The to charge a worker more than $13.17 per Principal Deputy Assistant Secretary for maximum amount an employer is Employment and Training, Labor. day unless the OFLC Certifying Officer required to reimburse workers for daily [FR Doc. 2021–04939 Filed 3–9–21; 8:45 am] approves a higher charge, as authorized travel-related subsistence, as evidenced 3 BILLING CODE 4510–FP–P under § 655.173(b). with receipts, is equal to the standard Reimbursement for Travel-Related Continental United States (CONUS) per Subsistence diem rate, as established by the General DEPARTMENT OF LABOR Services Administration (GSA) at 41 H–2B and H–2A employers must pay CFR part 301, formerly published in Office of the Secretary reasonable travel and subsistence costs, Appendix A and now found at https:// including the costs of meals and Agency Information Collection lodging, incurred by workers during www.gsa.gov/travel/plan-book/per- diem-rates. See Maximum Per Diem Activities; Submission for OMB travel to the worksite from the place Review; Comment Request; Federal from which the worker has come to Reimbursement Rates for the Continental United States, 85 FR 50025 Contractor Veterans’ Employment work for the employer and from the Report (VETS–4212) place of employment to the place from (Aug. 17, 2020) (2020 Update). The standard CONUS meals and incidental which the worker departed to work for ACTION: Notice of availability; request the employer, as well as any such costs expenses rate is $55.00 per day for 4 for comments. incurred by the worker incident to 2021. Workers who qualify for travel obtaining a visa authorizing entry to the reimbursement are entitled to SUMMARY: The Department of Labor United States for the purpose of H–2A reimbursement for meals up to the (DOL) is submitting this Veterans’ or H–2B employment. See standard CONUS meals and incidental Employment and Training Service §§ 655.122(h)(1) and (2) and expenses rate when they provide (VETS)-sponsored information 655.20(j)(1)(i) and (ii). receipts. In determining the appropriate collection request (ICR) to the Office of Specifically, an H–2A employer is amount of reimbursement for meals for Management and Budget (OMB) for responsible for providing, paying in less than a full day, the employer may review and approval in accordance with advance, or reimbursing a worker for the limit the meal expense reimbursement, the Paperwork Reduction Act of 1995 reasonable costs of daily travel-related with receipts, to 75 percent of the (PRA). Public comments on the ICR are subsistence between the employer’s maximum reimbursement for meals, or invited. worksite and the place from which the $41.25, based on the GSA per diem DATES: The OMB will consider all worker has come to work for the schedule. See 2020 Update, 85 FR at written comments that agency receives employer, if the worker completes 50 50025. If a worker does not provide on or before April 9, 2021. receipts, the employer is not obligated ADDRESSES: Written comments and 2 Consumer Price Index—December 2020, recommendations for the proposed published January 13, 2020 at https://www.bls.gov/ 4 Maximum Per Diem Reimbursement Rates for information collection should be sent news.release/archives/cpi_01132021.pdf. the Continental United States (CONUS), 85 FR 3 In 2020, the maximum allowable charge under 50025 (Aug. 17, 2020); see also https:// within 30 days of publication of this 20 CFR 655.122(g) and 655.173 was $12.68 per day. www.gsa.gov/travel/plan-book/per-diem-rates/mie- notice to www.reginfo.gov/public/do/ See 85 FR 16133 (Mar. 20, 2020). breakdown. PRAMain. Find this particular

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information collection by selecting to penalty for failing to comply with a online instructions for making ‘‘Currently under 30-day Review—Open collection of information that does not submissions. for Public Comments’’ or by using the display a valid OMB Control Number. OSHA will place comments and search function. See 5 CFR 1320.5(a) and 1320.6. requests for a hearing, including Comments are invited on: (1) Whether DOL seeks PRA authorization for this personal information, in the public the collection of information is information collection for three (3) docket, which will be available online. necessary for the proper performance of years. OMB authorization for an ICR Therefore OSHA cautions interested the functions of the Department, cannot be for more than three (3) years parties about submitting personal including whether the information will without renewal. The DOL notes that information such as Social Security have practical utility; (2) if the information collection requirements numbers and birthdates. information will be processed and used submitted to the OMB for existing ICRs Docket: To read or download in a timely manner; (3) the accuracy of receive a month-to-month extension comments or other material in the the agency’s estimates of the burden and while they undergo review. docket, go to http:// cost of the collection of information, Agency: DOL–VETS. www.regulations.gov. Documents in the including the validity of the Title of Collection: Federal Contractor docket are listed in the http:// methodology and assumptions used; (4) Veterans’ Employment Report (VETS– www.regulations.gov index; however, ways to enhance the quality, utility and 4212). some information (e.g., copyrighted clarity of the information collection; and OMB Control Number: 1293–0005. material) is not publicly available to (5) ways to minimize the burden of the Affected Public: Private Sector: read or download through this website. collection of information on those who Businesses or other for-profits; not-for- All submissions, including copyrighted are to respond, including the use of profit institutions. material, are available for inspection automated collection techniques or Total Estimated Number of through the OSHA Docket Office. other forms of information technology. Respondents: 21,000. Contact the OSHA Docket Office for FOR FURTHER INFORMATION CONTACT: Total Estimated Number of assistance in locating docket Anthony May by telephone at 202–693– Responses: 378,000. submissions. Total Estimated Annual Time Burden: 4129 (this is not a toll-free number) or FOR FURTHER INFORMATION CONTACT: 128,520 hours. by email at [email protected]. Press inquiries: Frank Meilinger, Total Estimated Annual Other Costs Office of Communications, SUPPLEMENTARY INFORMATION: The Burden: $1,340. Vietnam Era Veterans’ Readjustment Occupational Safety and Health Assistance Act of 1974 (‘‘VEVRAA’’), 38 (Authority: 44 U.S.C. 3507(a)(1)(D)) Administration, U.S. Department of U.S.C. 4212(d), requires Federal Dated: March 3, 2021. Labor; telephone: (202) 693–1999; contractors and subcontractors subject Anthony May, email: [email protected]. to the Act’s affirmative action Management and Program Analyst. General information and technical inquiries: Amy Wangdahl, Office of provisions in 38 U.S.C. 4212(a) to track [FR Doc. 2021–04941 Filed 3–9–21; 8:45 am] Maritime and Agriculture, Directorate of and report annually to the Secretary of BILLING CODE 4510–79–P Labor the number of employees in their Safety and Guidance, Occupational workforces, by job category and hiring Safety and Health Administration, U.S. location, who belong to the specified DEPARTMENT OF LABOR Department of Labor, telephone: (202) categories of protected veterans. VETS 693–2066; email: wangdahl.amy@ maintains regulations to implement the Occupational Safety and Health dol.gov. reporting requirements under VEVRAA, Administration SUPPLEMENTARY INFORMATION: The and uses the VETS–4212 form for [Docket No. OSHA–2021–0001] Secretary of Labor (Secretary) invites providing the required information on interested individuals to submit the employment of covered veterans. National Advisory Committee on nominations for membership on The regulations in 41 CFR part 61– 300 Occupational Safety and Health NACOSH. require contractors and subcontractors (NACOSH); Request for Nominations with a covered Federal contract entered I. Background into or modified in the amount of AGENCY: Occupational Safety and Health The Occupational Safety and Health $150,000 or more to use the Federal Administration (OSHA), Labor. Act of 1970 (OSH Act) (29 U.S.C. 651, Contractor Veterans’ Employment ACTION: Request for nominations. 656) established NACOSH to advise, Report VETS–4212 form for reporting consult with, and make information on their employment of SUMMARY: OSHA invites interested recommendations to the Secretary and covered veterans under VEVRAA. persons to submit nominations for the Secretary of Health and Human For additional substantive membership on the National Advisory Services (HHS Secretary) on matters information about this ICR, see the Committee on Occupational Safety and relating to the administration of the related notice published in the Federal Health (NACOSH). OSH Act. NACOSH is a continuing Register on November 20, 2020 (85 FR DATES: Nominations for NACOSH advisory committee of indefinite 74390). membership must be submitted duration. This information collection is subject (postmarked, sent, transmitted or NACOSH operates in accordance with to the PRA. A Federal agency generally received) by May 10, 2021. the Federal Advisory Committee Act cannot conduct or sponsor a collection ADDRESSES: You may submit (FACA) (5 U.S.C. App. 2), implementing of information, and the public is nominations and supporting materials regulations (41 CFR part 102–3), the generally not required to respond to an by one of the following methods: OSH Act, and OSHA’s regulations on information collection, unless the OMB Electronically: You may submit NACOSH (29 CFR part 1912a). approves it and displays a currently nominations, including attachments, The Committee shall meet at least two valid OMB Control Number. In addition, electronically at http:// times a year (29 U.S.C. 656(a)(2)). notwithstanding any other provisions of www.regulations.gov, which is the Committee members serve without law, no person shall generally be subject Federal eRulemaking Portal. Follow the compensation, but OSHA provides

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travel and per diem expenses. NACOSH membership on NACOSH and other MARINE MAMMAL COMMISSION members serve staggered terms, unless relevant organizations and associations; the member becomes unable to serve, 3. The categories that the nominee is Sunshine Act Notice resigns, ceases to be qualified to serve, qualified to represent; or is removed by the Secretary. The 4. A summary of the background, TIME AND DATE: The Marine Mammal terms of six NACOSH members expire experience, and qualifications that Commission and its Committee of on July 31, 2021. address the nominee’s suitability for Scientific Advisors on Marine Mammals II. NACOSH Membership membership; will hold a public meeting on Tuesday, 5. A list of articles or other documents 23 March 2021, from 1:00 p.m. to 4:00 NACOSH is comprised of 12 the nominee has authored that indicates p.m. members, all of whom the Secretary the nominee’s experience in worker PLACE: This meeting will be conducted appoints. Accordingly, the Secretary safety and health; and seeks six committed members to serve a by remote means. two-year term. If a vacancy occurs 6. A statement that the nominee is STATUS: This meeting will be held in before a term expires, the Secretary may aware of the nomination, is willing to accordance with the provisions of the appoint a new member who represents regularly attend and participate in Government in the Sunshine Act (5 the same interest as the predecessor to NACOSH meetings, and has no conflicts serve the remainder of the unexpired of interest that would preclude U.S.C. 552b) and the Federal Advisory term. The U.S. Department of Labor membership on NACOSH. Committee Act (5 U.S.C. App. I) and (Department) is committed to equal OSHA will conduct a basic will be open to the public. Public opportunity in the workplace and seeks background check of candidates before participation will be allowed as time a broad-based and diverse NACOSH their appointment to NACOSH. The permits and as determined to be membership. The Department will background check will involve desirable by the Chairman. The conduct a public records check of accessing publicly available, internet- Commission will livestream the meeting nominees before their appointment based sources. via a Zoom webinar. For further using publicly available sources. IV. Member Selection information and to register for the Nominations of new members, or webinar, go to the Commission’s resubmissions of current or former The Secretary of Labor will select six website at https://www.mmc.gov/events- members, will be accepted in all NACOSH members based on their meetings-and-workshops/other-events/ categories of membership. Interested experience, knowledge, and competence effects-of-low-salinity-exposure-on- persons may nominate themselves or in the field of occupational safety and bottlenose-dolphins-webinar/. submit the name of another person health (29 CFR 1912a.2). Nominees will MATTERS TO BE CONSIDERED: whom they believe to be interested in also be evaluated in accordance with The and qualified to serve on NACOSH. Secretary’s Order 10–2020 (85 FR Commission and Committee will meet Nominations may also be submitted by 71104) to ensure they are sufficiently to consider the effects of low salinity organizations from one of the categories financially independent from the exposure on bottlenose dolphins. listed. Department programs and activities for Specifically, meeting participants will OSHA invites nominations for the which they may be called upon to review the findings of the Northern Gulf following NACOSH positions: provide advice. Information received of Mexico bottlenose dolphin unusual • Two (2) public representatives; through this nomination process, in mortality event (https:// • One (1) management representative; addition to other relevant sources of www.fisheries.noaa.gov/national/ • One (1) labor representative; information, will assist the Secretary of marine-life-distress/2019-bottlenose- Labor in appointing members NACOSH. • One (1) occupational safety dolphin-unusual-mortality-event-along- In selecting NACOSH members, the professional representative; and northern-gulf), provide information on Secretary will consider individuals • One (1) occupational health the potential impacts of low-salinity nominated in response to this Federal professional representative. exposure on dolphins and their prey, Register notice, as well as other Pursuant to 29 CFR 1912a.2, the HHS identify data needs, and discuss options qualified individuals. OSHA will Secretary designates both of the for mitigating and monitoring impacts to publish a list of NACOSH members in occupational health professional dolphins and their prey from future the Federal Register. representatives and two of the four low-salinity exposure. The agenda for public representatives for the Authority and Signature the meeting is posted on the Secretary’s consideration and Amanda Edens, Deputy Assistant Commission’s website at https:// appointment. OSHA will provide to Secretary of Labor for Occupational www.mmc.gov/events-meetings-and- HHS all nominations and supporting Safety and Health, authorized the workshops/other-events/effects-of-low- materials for the membership categories preparation of this notice under the salinity-exposure-on-bottlenose- the HHS Secretary designates. authority granted by 29 U.S.C. 656; 5 dolphins-webinar/. III. Submission Requirements U.S.C. App. 2; 29 CFR part 1912a; 41 CONTACT PERSON FOR MORE INFORMATION: Any individual or organization may CFR part 102–3; and Secretary of Victoria Cornish, Energy Policy Analyst, nominate one or more qualified persons Labor’s Order No. 8–2020 (85 FR 58393, Marine Mammal Commission, 4340 East for membership on NACOSH. Sept. 18, 2020). West Highway, Room 700, Bethesda, Nominations must include the following Signed at Washington, DC, on March 3, MD 20814; (301) 504–0087; email: information: 2021. [email protected]. 1. The nominee’s name, contact Amanda Edens, information, and current employment or Deputy Assistant Secretary of Labor for Catherine Shrestha, position; Occupational Safety and Health. Administrative Officer. 2. The nominee’s resume or [FR Doc. 2021–04942 Filed 3–9–21; 8:45 am] [FR Doc. 2021–05034 Filed 3–8–21; 11:15 am] curriculum vitae, including prior BILLING CODE 4510–26–P BILLING CODE 6820–31–P

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MILLENNIUM CHALLENGE to participate, please submit your name NATIONAL FOUNDATION ON THE CORPORATION and affiliation no later than Friday, ARTS AND THE HUMANITIES [MCC FR 21–02] March 19, 2021 to MCCEACouncil@ mcc.gov to receive dial-in instructions National Endowment for the Arts and to be placed on an attendee list. Notice of Open Meeting Notice To Announce Request for AGENCY: Millennium Challenge Authority: Federal Advisory Committee Comments To Assist in the Corporation. Act, 5 U.S.C. App. Development of the National ACTION: Notice. Dated: March 4, 2021. Endowment for the Arts’ 2022–2026 Thomas G. Hohenthaner, Strategic Plan SUMMARY: In accordance with the AGENCY: National Endowment for the requirements of the Federal Advisory Acting VP/General Counsel and Corporate Secretary. Arts, National Foundation on the Arts Committee Act, the Millennium and Humanities. Challenge Corporation (MCC) Economic [FR Doc. 2021–04916 Filed 3–9–21; 8:45 am] Advisory Council was established as a BILLING CODE 9211–03–P ACTION: Request for comments. discretionary advisory committee on SUMMARY: The National Endowment for October 5, 2018. Its charter was renewed the Arts (NEA) is in the process of for a second term on October 1, 2020. NATIONAL CAPITAL PLANNING developing a new strategic plan for the The MCC Economic Advisory Council years 2022–2026. The NEA Office of COMMISSION serves MCC solely in an advisory Research & Analysis is soliciting public capacity and provides advice and Comprehensive Plan for the National input to inform the development of the guidance to MCC economists, NEA 2022–2026 Strategic Plan. Through evaluators, leadership of the Department Capital; Amendment of Federal Elements this Request for Comments, the NEA of Policy and Evaluation, and senior invites ideas and insights from the MCC leadership regarding relevant general public, including arts trends in development economics, AGENCY: National Capital Planning Commission. organizations, artists, arts educators, applied economic and evaluation state and local arts agencies, other arts methods, poverty analytics, as well as ACTION: Notice of final adoption of and funders and policy-makers, researchers, modeling, measuring, and evaluating effective date. and individuals and groups outside the development interventions. In doing so, arts sector. In the summer of 2021, the MCC Economic Advisory Council SUMMARY: The National Capital Planning stakeholders will have a second helps sharpen MCC’s analytical Commission (NCPC) amended the opportunity to provide comments and methods and capacity in support of the boundary and definition of the Central input in response to the drafted version agency’s economic development goals. Employment Area of the 2016 Federal of the NEA 2022–2026 Strategic Plan. It also serves as a sounding board and DATES: Written comments must be reference group for assessing and Workplace Element (Element) of the Comprehensive Plan for the National submitted to the office listed in the advising on strategic policy innovations address section below on or before the and methodological directions at MCC. Capital: Federal Elements on March 4, 2021. The amendment includes a close of business on Friday, March 26, DATES: Friday, March 26, 2021, from 2021. Comments received after that date 10:00 a.m.–12:00 p.m. EDT. federal/District designation of a Central Employment Area, which prioritizes the will be considered to the extent ADDRESSES: The meeting will be held location of federal workplaces in practicable. via conference call and/or WebEx. Washington, DC. ADDRESSES: Send comments to Sunil FOR FURTHER INFORMATION CONTACT: Iyengar, National Endowment for the Mesbah Motamed, 202.521.7874 DATES: The amendment to the 2016 Arts, via email [email protected] or visit Federal Workplace Element will become ([email protected]). www.mcc.gov/about/org-unit/economic- applicable May 10, 2021. SUPPLEMENTARY INFORMATION: advisory-council. ADDRESSES: The amendment to the 2016 A. About the National Endowment for SUPPLEMENTARY INFORMATION: Federal Workplace Element is available Agenda. During this meeting of the the Arts online for review at: https:// MCC Economic Advisory Council, www.ncpc.gov/initiatives/workplace. Established by Congress in 1965, the members will receive an overview of National Endowment for the Arts is an MCC’s work and the context and FOR FURTHER INFORMATION CONTACT: independent federal agency, providing function of the MCC Economic Advisory Angela Dupont at (202) 482–7232 or funding and support to give Americans Council within MCC’s mission. The [email protected]. the opportunity to participate in the MCC Economic Advisory Council will Authority: 40 U.S.C. 8721(a). arts, exercise their imaginations, and also discuss issues related to MCC’s core develop their creative capacities. functions, including the following Dated: March 4, 2021. Currently, the NEA supports arts topics: (i) Improving MCC’s conditions Anne R. Schuyler, organizations and artists in every and channels for development General Counsel. Congressional district in the country. assistance; (ii) addressing MCC’s criteria [FR Doc. 2021–04917 Filed 3–9–21; 8:45 am] for partner country selection and B. Supplemental Information eligibility; and (iii) integrating priorities BILLING CODE P As a Federal agency, the National of sustainability and resilience into Endowment for the Arts is required to MCC’s analytical and operational work. establish a new strategic plan every four Public Participation: The meeting will years. The Strategic Plan sets key be open to the public. Members of the priorities for the agency and presents public may file written statement(s) management-focused objectives and before or after the meeting. If you plan strategies. The NEA’s most recent

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strategic plan covers the years 2018– and date. The meeting is Eastern time Dated: March 5, 2021. 2022, and can be found online here: and the ending time is approximate. Sherry P. Hale, https://www.arts.gov/sites/default/files/ Staff Assistant, Office of Guidelines and Panel ADDRESSES: The National Endowment NEA-FY2018-2022-StrategicPlan- Operations. 2.16.18.pdf. for the Arts, Constitution Center, 400 Seventh Street SW, Washington, DC [FR Doc. 2021–04986 Filed 3–9–21; 8:45 am] Through this Request for Comments, BILLING CODE 7537–01–P the NEA is seeking public input and 20560. This meeting will be held by comments from a broad array of teleconference or videoconference. stakeholders (see SUMMARY) to guide the Please see arts.gov for the most up-to- development of the agency’s 2022–2026 date information. NATIONAL SCIENCE FOUNDATION Strategic Plan. A call for comments has FOR FURTHER INFORMATION CONTACT: been posted to the agency’s website: Victoria Hutter, Office of Public Affairs, Advisory Committee for Engineering; https://www.arts.gov/strategic-plan- National Endowment for the Arts, Notice of Meeting input. In particular, the NEA welcomes Washington, DC 20506, at 202/682– input on the development of its In accordance with the Federal Advisory 5570. Committee Act (Pub. L. 92–463, as amended), Strategic Framework, which includes the National Science Foundation (NSF) the following elements: Mission, Vision, SUPPLEMENTARY INFORMATION: The announces the following meeting: Strategic Goals, and Strategic meeting on March 25, 2021, from 1:00 Objectives. p.m. to 4:15 p.m., will be closed for Name and Committee Code: Advisory The NEA is particularly interested in discussion of National Medal of Arts Committee for Engineering #1170. how these elements should be viewed in nominations. If, in the course of the Date and Time: April 7, 2021; 11:00 light of new and emerging challenges open session discussion, it becomes a.m. to 4:30 p.m.; April 8, 2021; 11:00 and opportunities, among other necessary for the Council to discuss a.m. to 4:00 p.m. contextual factors. non-public commercial or financial Place: National Science Foundation, Examples of these factors include, but information of intrinsic value, the 2415 Eisenhower Avenue, Alexandria, are not limited to: Council will go into closed session Virginia 22314 | Virtual. • The post-pandemic recovery of the pursuant to subsection (c)(4) of the Type of Meeting: Open. arts sector; Government in the Sunshine Act, 5 • Changes in work-and-leisure Contact Person: Evette Rollins, U.S.C. 552b, and in accordance with the [email protected]; 703–292–8300; NSF, patterns; September 10, 2019 determination of • The rise of virtual engagement in 2415 Eisenhower Avenue, Alexandria, the Chairman. Additionally, discussion the arts; VA 22314. The forthcoming virtual • Growing integration of the arts with concerning purely personal information meeting information and an updated other sectors (e.g., health, science, about individuals, such as personal agenda will be posted at https:// _ education, technology, community biographical and salary data or medical www.nsf.gov/events/event _ development); and information, may be conducted by the summ.jsp?cntn id=301612&org=ENG. • Greater public attention to issues of Council in closed session in accordance Purpose of Meeting: To provide diversity, equity, inclusion, with subsection (c)(6) of 5 U.S.C. 552b. advice, recommendations and counsel accessibility, and social justice. Any interested persons may attend, as on major goals and policies pertaining Authority: 5 U.S.C. 306. observers, to Council discussions and to engineering programs and activities. reviews that are open to the public. If Agenda Dated: February 22, 2021. you need special accommodations due Anthony M. Bennett, to a disability, please contact Beth Wednesday, April 7, 2021 Director of Administrative Services and Bienvenu, Office of Accessibility, • Contracts, National Endowment for the Arts. Directorate for Engineering Report National Endowment for the Arts, • [FR Doc. 2021–03929 Filed 3–9–21; 8:45 am] NSF Budget Update Constitution Center, 400 7th St. SW, • BILLING CODE 7537–01–P Washington, DC 20506, 202/682–5733, NSF Strategic Plan • Voice/T.T.Y. 202/682–5496, at least Report from Subcommittee on the seven (7) days prior to the meeting. SBIR/STTR Program NATIONAL FOUNDATION ON THE • Division of Engineering Education The upcoming meeting is: ARTS AND THE HUMANITIES and Centers (EEC) Overview National Council on the Arts 202nd • EEC Committee of Visitors (COV) National Endowment for the Arts Meeting Report National Council on the Arts 202nd • Reports from Advisory Committee This portion of the meeting will be Liaisons Meeting held open to the public by • Covid-19 Impacts and Response AGENCY: National Endowment for the teleconference or videoconference. • Preparation for Discussion with the Arts, National Foundation on the Arts Date and time: March 25, 2021; 4:30 Director’s Office and Humanities. p.m. to 5:00 p.m. Thursday, April 8, 2021 ACTION: Notice of meeting. There will be opening remarks and • SUMMARY: Pursuant to section 10(a)(2) of voting on recommendations for grant Grid-Connected Testing Infrastructure the Federal Advisory Committee Act, as funding and rejection, followed by for Networked Control of Distributed amended, notice is hereby given that a updates from the Acting Chairman Ann Energy Resources (DERConnect) meeting of the National Council on the C. Eilers. • Climate Change Research Directions Arts will be held open to the public by To view the webcasting of this open for Engineering teleconference or videoconference. session of the meeting, go to Link: • Perspectives from the Director’s Office DATES: See the SUPPLEMENTARY https://www.zoomgov.com/webinar/ • Roundtable on Strategic INFORMATION section for meeting time register/WN_q5uvvj-TSHa-NsI0b5fD9A. Recommendations for ENG

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Dated: March 4, 2021. nrc.gov. The ADAMS accession number IV. Backfitting, Forward Fitting and Crystal Robinson, for each document referenced (if it is Issue Finality Committee Management Officer. available in ADAMS) is provided the New Regulatory Guide (RG) 1.240 [FR Doc. 2021–04896 Filed 3–9–21; 8:45 am] first time that it is mentioned in this does not constitute backfitting as document. BILLING CODE 7555–01–P • defined in 10 CFR 50.109, ‘‘Backfitting,’’ Attention: The PDR, where you may and as described in NRC Management examine and order copies of public Directive (MD) 8.4, ‘‘Management of NUCLEAR REGULATORY documents is currently closed. You may Backfitting, Forward Fitting, Issue COMMISSION submit your request to the PDR via Finality, and Information Requests’’; email at [email protected] or call 1– constitute forward fitting as that term is [NRC–2021–0065] 800–397–4209 or 301–415–4737 defined and described in MD 8.4; or between 8:00 a.m. and 4:00 p.m. (EST), affect the issue finality of any approval Fresh and Spent Fuel Pool Criticality Monday through Friday, except Federal Analyses issued under 10 CFR part 52. As holidays. explained in new RG 1.240, applicants AGENCY: Nuclear Regulatory RG 1.240 and the regulatory analysis and licensees would not be required to Commission. may be found in ADAMS under comply with the positions set forth in ACTION: Regulatory guide; issuance. Accession Nos. ML20356A127 and the RG. ML20205L563, respectively. SUMMARY: The U.S. Nuclear Regulatory Regulatory guides are not Dated: March 4, 2021. Commission (NRC) is issuing a new copyrighted, and NRC approval is not For the Nuclear Regulatory Commission. Regulatory Guide (RG) 1.240, ‘‘Fresh required to reproduce them. Meraj Rahimi, and Spent Fuel Pool Criticality FOR FURTHER INFORMATION CONTACT: Kent Chief, Regulatory Guidance and Generic Analyses.’’ This regulatory guide (RG) Wood, Office of Nuclear Reactor Issues Branch, Division of Engineering, Office describes an approach that the staff of Regulation, telephone: (301) 415–4120, of Nuclear Regulatory Research. the U.S. Nuclear Regulatory email: [email protected] and Mike [FR Doc. 2021–04955 Filed 3–9–21; 8:45 am] Commission (NRC) considers acceptable Eudy, Office of Nuclear Regulatory BILLING CODE 7590–01–P to demonstrate that NRC regulatory Research, telephone: (301)–415–3104, requirements are met for subcriticality email: [email protected]. Both are NUCLEAR REGULATORY of fuel assemblies stored in fresh fuel staff of the U.S. Nuclear Regulatory COMMISSION vaults and spent fuel pools at light- Commission, Washington DC 20555– water reactor (LWR) power plants. It 0001. [Docket No. 50–201; NRC–2020–0086] endorses, with clarifications and SUPPLEMENTARY INFORMATION: exceptions, the Nuclear Energy Institute New York State Energy Research and (NEI) guidance document NEI 12 16, I. Discussion Development Authority; Irradiated Nuclear Fuel Processing Plant; ‘‘Guidance for Performing Criticality The NRC is issuing a new guide in the Western New York State Nuclear Analyses of Fuel Storage at Light Water NRC’s ‘‘Regulatory Guide’’ series. This Service Center Reactor Power Plants,’’ Revision 4. series was developed to describe and DATES: RG 1.240 is available on March make available to the public information AGENCY: Nuclear Regulatory 10, 2021. regarding methods that are acceptable to Commission. ADDRESSES: Please refer to Docket ID the NRC staff for implementing specific ACTION: License amendment request; NRC–2021–0065 when contacting the parts of the agency’s regulations, opportunity to comment, request a NRC about the availability of techniques that the NRC staff uses in hearing, and petition for leave to information regarding this document. evaluating specific issues or postulated intervene. You may obtain publicly available events, and data that the NRC staff information related to this document needs in its review of applications for SUMMARY: The U.S. Nuclear Regulatory using any of the following methods: permits and licenses. Commission (NRC) is considering • Federal Rulemaking Website: Go to issuance of an amendment to Facility https://www.regulations.gov and search II. Additional Information Provisional Operating License No. CSF– for Docket ID NRC–2021–0065. Address RG 1.240 was issued with a temporary 1 for provisional operation of the questions about Docket IDs in identification of Draft Regulatory Guide, Irradiated Nuclear Fuel Processing Plant Regulations.gov to Stacy Schumann; (DG)–1373.The NRC published a notice located at the Western New York telephone: 301–415–0624; email: of the availability of DG–1373 in the Nuclear Service Center (WNYNSC), in [email protected]. For technical Federal Register on September 8, 2020 Cattaraugus and Erie Counties, New questions, contact the individual(s) (85 FR 55522) for a 45-day public York. The proposed amendment would listed in the FOR FURTHER INFORMATION comment period. The public comment amend the Radiation Protection Plan for CONTACT section of this document. period closed on October 23, 2020. the ‘‘retained premises of the licensed • NRC’s Agencywide Documents Public comments on DG–1373 and the area’’ for modernization. In addition, the Access and Management System staff responses to the public comments New York State Energy Research and (ADAMS): You may obtain publicly are available under ADAMS under Development Authority (NYSERDA), available documents online in the Accession No. ML20356A123. the licensee, requested that the license ADAMS Public Documents collection at be amended to clarify NYSERDA’s https://www.nrc.gov/reading-rm/ III. Congressional Review Act health and safety and other adams.html. To begin the search, select This RG is a rule as defined in the responsibilities under the license. ‘‘Begin Web-based ADAMS Search.’’ For Congressional Review Act (5 U.S.C. NYSERDA defines the ‘‘retained problems with ADAMS, please contact 801–808). However, the Office of premises of the licensed area’’ as the the NRC’s Public Document Room (PDR) Management and Budget has not found area consisting of the WNYNSC, not reference staff at 1–800–397–4209, 301– it to be a major rule as defined in the including the U.S. Department of Energy 415–4737, or by email to pdr.resource@ Congressional Review Act. (DOE) West Valley Demonstration

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Project (WVDP) premises and the State License Amendment: Retained Premises Before issuance of the proposed Licensed Disposal Area (SDA). Radiation Protection Requirements,’’ is license amendment, the NRC will need DATES: Submit comments by April 9, available in ADAMS under Accession to make the findings required by the 2021. Requests for a hearing or petition No. ML20076C310. The supplemental Atomic Energy Act of 1954, as amended for leave to intervene must be filed by information from the licensee is (the Act), and the applicable NRC May 10, 2021. available in ADAMS under Accession regulations. The NRC has made a proposed ADDRESSES: You may submit comments No. ML20311A200. A public version of by any of the following methods; the CSF–1 Provisional Operating determination that the license however, the NRC encourages electronic License and associated Technical amendment request involves no comment submission through the Specifications is available in ADAMS significant hazards consideration. Under Federal Rulemaking Website: under Package Accession No. the NRC’s regulations in § 50.92 of title • Federal Rulemaking Website: Go to ML21042A945. 10 of the Code of Federal Regulations (10 CFR), this means that provisional https://www.regulations.gov and search B. Submitting Comments for Docket ID NRC–2020–0086. Address operation of the facility in accordance questions about Docket IDs in The NRC encourages electronic with the proposed amendment would Regulations.gov to Stacy Schumann; comment submission through the not (1) involve a significant increase in telephone: 301–415–0624; email: Federal Rulemaking Website (https:// the probability or consequences of an [email protected]. For technical www.regulations.gov). Please include accident previously evaluated; or (2) questions, contact the individual listed Docket ID NRC–2020–0086, in your create the possibility of a new or different kind of accident from any in the FOR FURTHER INFORMATION comment submission. accident previously evaluated; or (3) CONTACT section of this document. The NRC cautions you not to include • Mail comments to: Office of identifying or contact information that involve a significant reduction in a Administration, Mail Stop: TWFN–7– you do not want to be publicly margin of safety. As required by 10 CFR A60M, U.S. Nuclear Regulatory disclosed in your comment submission. 50.91(a), the licensee has provided its Commission, Washington, DC 20555– The NRC will post all comment analysis of the issue of no significant 0001, ATTN: Program Management, submissions at https:// hazards consideration, which is Announcements and Editing Staff. www.regulations.gov as well as enter the presented below: For additional direction on obtaining comment submissions into ADAMS. 1. Does the proposed change involve a information and submitting comments, The NRC does not routinely edit significant increase in the probability or see ‘‘Obtaining Information and comment submissions to remove consequences of an accident previously Submitting Comments’’ in the identifying or contact information. evaluated? If you are requesting or aggregating Response: No. SUPPLEMENTARY INFORMATION section of The changes proposed in this license this document. comments from other persons for amendment involve the addition of license FOR FURTHER INFORMATION CONTACT: submission to the NRC, then you should conditions to provide additional clarity on Marlayna V. Doell, Office of Nuclear inform those persons not to include NYSERDA’s authorities and responsibilities Material Safety and Safeguards, U.S. identifying or contact information that for health and safety of the facility under the Nuclear Regulatory Commission, they do not want to be publicly license and replace existing radiation disclosed in their comment submission. protection requirements in the license Washington, DC 20555–0001; telephone: pertaining to the non-SDA, non-WVDP 301–415–3178, email: Marlayna.Doell@ Your request should state that the NRC does not routinely edit comment portions of the WNYNSC (the Retained nrc.gov. Premises) where Part 50-Licensed radioactive submissions to remove such information SUPPLEMENTARY INFORMATION: materials are or may be present. There are no before making the comment proposed changes to structures, systems, and I. Obtaining Information and submissions available to the public or components (SSCs) of the plant. There are no Submitting Comments entering the comment into ADAMS. changes to any of the previously evaluated accidents in the final safety analysis report A. Obtaining Information II. Introduction (FSAR). There are no changes to operating Please refer to Docket ID NRC–2020– The NRC is considering issuance of an procedures or administrative controls that are amendment to NYSERDA’s Facility credited as having the function of preventing 0086 when contacting the NRC about or mitigating any accidents. Furthermore, the availability of information for this Provisional Operating License No. CSF– there are no accidents previously evaluated action. You may obtain publicly 1 for provisional operation of the involving the Retained Premises. In view of available information related to this Irradiated Nuclear Fuel Processing the foregoing and because the proposed action by any of the following methods: Plant, located at the WNYNSC in license amendment would simply impose an • Federal Rulemaking Website: Go to Cattaraugus and Erie Counties, New upgraded and up-to-date radiation protection https://www.regulations.gov and search York. Although portions of the site are plan that is in compliance with the current for Docket ID NRC–2020–0086. actively being decommissioned by DOE 10 CFR part 20 and replace and supersede • under the West Valley Demonstration the outdated radiation protection NRC’s Agencywide Documents requirements developed at the time of Access and Management System Project Act, 42 U.S.C. 2021a note, Public licensing the irradiated fuel processing (ADAMS): You may obtain publicly Law 96–868, 94 Stat. 1347 (1980) facility, the proposed amendment will not available documents online in the (WVDPA), NYSERDA retains involve a significant increase in the ADAMS Public Documents collection at responsibility for portions of the site probability or consequences of an accident https://www.nrc.gov/reading-rm/ known as the ‘‘retained premises.’’ previously evaluated. adams.html. To begin the search, select The proposed amendment would 2. Does the proposed change create the ‘‘Begin Web-based ADAMS Search.’’ For amend the Radiation Protection Plan for possibility of a new or different kind of problems with ADAMS, please contact the ‘‘retained premises of the licensed accident from any accident previously evaluated? the NRC’s Public Document Room (PDR) area’’ for modernization and would Response: No. reference staff at 1–800–397–4209, 301– clarify NYSERDA’s health and safety The changes proposed in this license 415–4737, or by email to pdr.resource@ and other responsibilities under the amendment involve the addition of license nrc.gov. The ‘‘Resubmittal of Request for license. conditions to provide additional clarity on

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NYSERDA’s authorities and responsibilities day notice period if the Commission statement of the alleged facts or expert for health and safety of the facility under the concludes the amendment involves no opinion which support the contention license and replace existing radiation significant hazards consideration. In and on which the petitioner intends to protection requirements in the license addition, the Commission may issue the rely in proving the contention at the pertaining to the Retained Premises where amendment prior to the expiration of hearing. The petitioner must also Part 50-Licensed radioactive materials are or may be present. The proposed changes do not the 30-day comment period if provide references to the specific change the design function, or operation of circumstances change during the 30-day sources and documents on which the any SSC described in the FSAR. The comment period such that failure to act petitioner intends to rely to support its proposed changes do not create the in a timely way would result, for position on the issue. The petition must possibility of a new or different kind of example, in prevention of include sufficient information to show accident due to credible new failure decommissioning of the facility under that a genuine dispute exists with the mechanisms, malfunctions, or accident the WVDPA. If the Commission takes applicant or licensee on a material issue initiators not considered in the design and action prior to the expiration of either of law or fact. Contentions must be licensing bases. Furthermore, there are no the comment period or the notice limited to matters within the scope of accidents previously evaluated involving the period, it will publish in the Federal the proceeding. The contention must be Retained Premises portion of the WNYNSC. Thus, the proposed changes do not create the Register a notice of issuance. If the one which, if proven, would entitle the possibility of a new or different kind of Commission makes a final no significant petitioner to relief. A petitioner who accident from any accident previously hazards consideration determination, fails to satisfy the requirements at 10 evaluated. any hearing will take place after CFR 2.309(f) with respect to at least one 3. Does the proposed change involve a issuance. The Commission expects that contention will not be permitted to significant reduction in a margin of safety? the need to take this action will occur participate as a party. Response: No. very infrequently. Those permitted to intervene become The changes proposed in this license parties to the proceeding, subject to any amendment involve the addition of license III. Opportunity To Request a Hearing limitations in the order granting leave to conditions to provide additional clarity on and Petition for Leave To Intervene intervene. Parties have the opportunity NYSERDA’s authorities and responsibilities Within 60 days after the date of to participate fully in the conduct of the for health and safety of the facility under the publication of this notice, any persons license and replace existing radiation hearing with respect to resolution of protection requirements in the license (petitioner) whose interest may be that party’s admitted contentions, pertaining to the Retained Premises where affected by this action may file a request including the opportunity to present Part 50-Licensed radioactive materials are or for a hearing and petition for leave to evidence, consistent with the NRC’s may be present. There are no safety margins intervene (petition) with respect to the regulations, policies, and procedures. that are used to demonstrate compliance with action. Petitions shall be filed in Petitions must be filed no later than regulatory and licensing requirements accordance with the Commission’s 60 days from the date of publication of described in the FSAR that apply to activities ‘‘Agency Rules of Practice and this notice. Petitions and motions for planned to be performed in the Retained Procedure’’ in 10 CFR part 2. Interested leave to file new or amended Premises and the proposed license persons should consult a current copy contentions that are filed after the amendment would simply impose an of 10 CFR 2.309. The NRC’s regulations upgraded and up-to-date radiation protection deadline will not be entertained absent plan for the Retained Premises that is in are accessible electronically from the a determination by the presiding officer compliance with the current 10 CFR part 20 NRC Library on the NRC’s website at that the filing demonstrates good cause and replace and supersede the outdated https://www.nrc.gov/reading-rm/doc- by satisfying the three factors in 10 CFR radiation protection requirements developed collections/cfr/. If a petition is filed, the 2.309(c)(1)(i) through (iii). The petition at the time of licensing the irradiated fuel Commission or a presiding officer will must be filed in accordance with the processing facility. Thus, no safety margins rule on the petition and, if appropriate, filing instructions in the ‘‘Electronic are affected by the proposed changes and a notice of a hearing will be issued. Submissions (E-Filing)’’ section of this there is no significant reduction in any As required by 10 CFR 2.309(d) the document. margin of safety previously identified in the petition should specifically explain the If a hearing is requested, and the license. reasons why intervention should be Commission has not made a final The NRC staff has reviewed the permitted with particular reference to determination on the issue of no licensee’s analysis and, based on this the following general requirements for significant hazards consideration, the review, it appears that the three standing: (1) The name, address, and Commission will make a final standards of 10 CFR 50.92(c) are telephone number of the petitioner; (2) determination on the issue of no satisfied. Therefore, the NRC staff the nature of the petitioner’s right to be significant hazards consideration. The proposes to determine that the license made a party to the proceeding; (3) the final determination will serve to amendment request involves a no nature and extent of the petitioner’s establish when the hearing is held. If the significant hazards consideration. property, financial, or other interest in final determination is that the The NRC is seeking public comments the proceeding; and (4) the possible amendment request involves no on this proposed determination that the effect of any decision or order which significant hazards consideration, the license amendment request involves no may be entered in the proceeding on the Commission may issue the amendment significant hazards consideration. Any petitioner’s interest. and make it immediately effective, comments received within 30 days after In accordance with 10 CFR 2.309(f), notwithstanding the request for a the date of publication of this notice the petition must also set forth the hearing. Any hearing would take place will be considered in making any final specific contentions which the after issuance of the amendment. If the determination. petitioner seeks to have litigated in the final determination is that the Normally, the Commission will not proceeding. Each contention must amendment request involves a issue the proposed license amendment consist of a specific statement of the significant hazards consideration, then until the expiration of 60 days after the issue of law or fact to be raised or any hearing held would take place date of publication of this notice. The controverted. In addition, the petitioner before the issuance of the amendment Commission may issue the license must provide a brief explanation of the unless the Commission finds an amendment before expiration of the 60- bases for the contention and a concise imminent danger to the health or safety

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of the public, in which case it will issue cases to mail copies on electronic their counsel or representative) must an appropriate order or rule under 10 storage media. Detailed guidance on apply for and receive a digital ID CFR part 2. making electronic submissions may be certificate before adjudicatory A State, local governmental body, found in the Guidance for Electronic documents are filed so that they can Federally-recognized Indian Tribe, or Submissions to the NRC and on the NRC obtain access to the documents via the agency thereof, may submit a petition to website at https://www.nrc.gov/site- E-Filing system. the Commission to participate as a party help/e-submittals.html. Participants A person filing electronically using under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their the NRC’s adjudicatory E-Filing system should state the nature and extent of the filings unless they seek an exemption in may seek assistance by contacting the petitioner’s interest in the proceeding. accordance with the procedures NRC’s Electronic Filing Help Desk The petition should be submitted to the described below. through the ‘‘Contact Us’’ link located Commission no later than 60 days from To comply with the procedural on the NRC’s public website at https:// the date of publication of this notice. requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- The petition must be filed in accordance days prior to the filing deadline, the submittals.html, by email to with the filing instructions in the participant should contact the Office of [email protected], or by a toll- ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at free call at 1–866–672–7640. The NRC section of this document, and should [email protected], or by telephone Electronic Filing Help Desk is available meet the requirements for petitions set at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern forth in this section, except that under identification (ID) certificate, which Time, Monday through Friday, 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or excluding government holidays. governmental body, or Federally- representative) to digitally sign Participants who believe that they recognized Indian Tribe, or agency submissions and access the E-Filing have a good cause for not submitting thereof does not need to address the system for any proceeding in which it documents electronically must file an standing requirements in 10 CFR is participating; and (2) advise the exemption request, in accordance with 2.309(d) if the facility is located within Secretary that the participant will be 10 CFR 2.302(g), with their initial paper its boundaries. Alternatively, a State, submitting a petition or other filing stating why there is good cause for local governmental body, Federally- adjudicatory document (even in not filing electronically and requesting recognized Indian Tribe, or agency instances in which the participant, or its authorization to continue to submit thereof may participate as a non-party counsel or representative, already holds documents in paper format. Such filings under 10 CFR 2.315(c). an NRC-issued digital ID certificate). must be submitted by: (1) First class If a hearing is granted, any person Based upon this information, the mail addressed to the Office of the who is not a party to the proceeding and Secretary will establish an electronic Secretary of the Commission, U.S. is not affiliated with or represented by docket for the hearing in this proceeding Nuclear Regulatory Commission, a party may, at the discretion of the if the Secretary has not already Washington, DC 20555–0001, Attention: presiding officer, be permitted to make established an electronic docket. Rulemaking and Adjudications Staff; or a limited appearance pursuant to the Information about applying for a (2) courier, express mail, or expedited provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the delivery service to the Office of the making a limited appearance may make NRC’s public website at https:// Secretary, 11555 Rockville Pike, an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: position on the issues but may not getting-started.html. Once a participant Rulemaking and Adjudications Staff. otherwise participate in the proceeding. has obtained a digital ID certificate and Participants filing adjudicatory A limited appearance may be made at a docket has been created, the documents in this manner are any session of the hearing or at any participant can then submit responsible for serving the document on prehearing conference, subject to the adjudicatory documents. Submissions all other participants. Filing is limits and conditions as may be must be in Portable Document Format considered complete by first-class mail imposed by the presiding officer. Details (PDF). Additional guidance on PDF as of the time of deposit in the mail, or regarding the opportunity to make a submissions is available on the NRC’s by courier, express mail, or expedited limited appearance will be provided by public website at https://www.nrc.gov/ delivery service upon depositing the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A document with the provider of the scheduled. filing is considered complete at the time service. A presiding officer, having the document is submitted through the granted an exemption request from IV. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant All documents filed in NRC electronic filing must be submitted to or party to use E-Filing if the presiding adjudicatory proceedings, including a the E-Filing system no later than 11:59 officer subsequently determines that the request for hearing and petition for p.m. Eastern Time on the due date. reason for granting the exemption from leave to intervene (petition), any motion Upon receipt of a transmission, the E- use of E-Filing no longer exists. or other document filed in the Filing system time-stamps the document Documents submitted in adjudicatory proceeding prior to the submission of a and sends the submitter an email notice proceedings will appear in the NRC’s request for hearing or petition to confirming receipt of the document. The electronic hearing docket which is intervene, and documents filed by E-Filing system also distributes an email available to the public at https:// interested governmental entities that notice that provides access to the adams.nrc.gov/ehd, unless excluded request to participate under 10 CFR document to the NRC’s Office of the pursuant to an order of the Commission 2.315(c), must be filed in accordance General Counsel and any others who or the presiding officer. If you do not with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary have an NRC-issued digital ID certificate 49139; August 28, 2007, as amended at that they wish to participate in the as described above, click ‘‘cancel’’ when 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not the link requests certificates and you Filing process requires participants to serve the document on those will be automatically directed to the submit and serve all adjudicatory participants separately. Therefore, NRC’s electronic hearing dockets where documents over the internet, or in some applicants and other participants (or you will be able to access any publicly

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available documents in a particular Thursday, April 8, 2021 information the release of which would hearing docket. Participants are 9:30 a.m.–9:35 a.m.: Opening constitute a clearly unwarranted requested not to include personal Remarks by the ACRS Chairman invasion of personal privacy.] [Note: Pursuant to 5 U.S.C. 552b(c)(4), privacy information, such as social (Open)—The ACRS Chairman will make a portion of this session may be closed security numbers, home addresses, or opening remarks regarding the conduct in order to discuss and protect personal phone numbers in their filings, of the meeting. information designated as proprietary.] unless an NRC regulation or other law 9:35 a.m.–10:45 a.m.: Regulatory requires submission of such 1:30 p.m.–6:00 p.m.: Preparation of Guide (RG) 4.26, ‘‘Volcanic Hazard ACRS Reports (Open/Closed)—The information. For example, in some Assessments for Nuclear Power Reactor instances, individuals provide home Committee will continue its discussion Sites’’ (Open)—The Committee will of proposed ACRS reports. [Note: addresses in order to demonstrate have presentations and discussion with proximity to a facility or site. With Pursuant to 5 U.S.C. 552b(c)(4), a representatives from the NRC staff portion of this session may be closed in respect to copyrighted works, except for regarding the subject topic. limited excerpts that serve the purpose order to discuss and protect information 10:45 a.m.–11:30 a.m.: Committee designated as proprietary.] of the adjudicatory filings and would Deliberation on RG 4.26, ‘‘Volcanic constitute a Fair Use application, Hazard Assessments for Nuclear Power Saturday, April 10, 2021 participants are requested not to include Reactor Sites’’ (Open)—The Committee 9:30 a.m.–2:00 p.m.: Preparation of copyrighted materials in their will have discussion regarding the ACRS Reports (Open/Closed)—The submission. subject topic. Committee will continue its discussion For further details with respect to this 11:30 a.m.–1:30 p.m.: Overview of the of proposed ACRS reports. [Note: action, see the application for license NRC Safety Research Program Related Pursuant to 5 U.S.C. 552b(c)(4), a amendment dated February 6, 2020, as to the Biennial Review (Open)—The portion of this session may be closed in supplemented on March 11, 2020, and Committee will have presentations and order to discuss and protect information October 28, 2020 (ADAMS Accession discussion with representatives from the designated as proprietary.] Nos. ML20042D497, ML20076C310, and NRC staff regarding the subject topic. [Note: Pursuant to 5 U.S.C. 552b(c)(2) ML20311A200, respectively). 3:30 p.m.–6:00 p.m.: NuScale Topical and (6), a portion of this meeting may Attorney for licensee: Ms. Janice Dean, Report, ‘‘Control Room Staffing’’ (Open/ be closed to discuss organizational and Deputy Counsel, New York State Energy Closed)—The Committee will have personnel matters that relate solely to Research and Development Authority, presentations and discussion with internal personnel rules and practices of 9030B Route 219, West Valley, NY representatives from the NRC staff and the ACRS, trade secrets and commercial 14171–9500. NuScale regarding the subject topic. or financial information obtained from a [Note: Pursuant to 5 U.S.C 552b(c)(4), a person and privileged or confidential, NRC Branch Chief: Bruce A. Watson, portion of this session may be closed in and information the release of which CHP. order to discuss and protect information would constitute a clearly unwarranted Dated: March 5, 2021. designated as proprietary.] invasion of personal privacy.] For the Nuclear Regulatory Commission. 6:00 p.m.–6:30 p.m.: Committee Procedures for the conduct of and Bruce A. Watson, Deliberation on NuScale Topical Report, participation in ACRS meetings were Chief, Reactor Decommissioning Branch, ‘‘Control Room Staffing) (Open/ published in the Federal Register on Decommissioning, Uranium Recovery and Closed)—The Committee will have June 13, 2019 (84 FR 27662). In Waste Programs, Office of Nuclear Material discussion regarding the subject topic. accordance with those procedures, oral Safety and Safeguards. [Note: Pursuant to 5 U.S.C 552b(c)(4), a or written views may be presented by [FR Doc. 2021–05001 Filed 3–9–21; 8:45 am] portion of this session may be closed in members of the public, including BILLING CODE 7590–01–P order to discuss and protect information representatives of the nuclear industry. designated as proprietary.] Persons desiring to make oral statements should notify Quynh Nguyen, Cognizant Friday, April 9, 2021 NUCLEAR REGULATORY ACRS Staff and the Designated Federal COMMISSION 9:30 a.m.–12:30 p.m.: Future ACRS Officer (Telephone: 301–415–5844, Activities/Report of the Planning and Email: [email protected]), 5 days 684th Meeting of the Advisory Procedures Subcommittee and before the meeting, if possible, so that Committee on Reactor Safeguards Reconciliation of ACRS Comments and appropriate arrangements can be made (ACRS) Recommendations/Preparation of to allow necessary time during the Reports (Open/Closed)—The Committee meeting for such statements. In view of In accordance with the purposes of will hear discussion of the the possibility that the schedule for Sections 29 and 182b of the Atomic recommendations of the Planning and ACRS meetings may be adjusted by the Energy Act (42 U.S.C. 2039, 2232(b)), Procedures Subcommittee regarding Chairman as necessary to facilitate the the Advisory Committee on Reactor items proposed for consideration by the conduct of the meeting, persons Safeguards (ACRS) will hold meetings Full Committee during future ACRS planning to attend should check with on April 8–10, 2021. As part of the meetings, and/or proceed to preparation the Cognizant ACRS staff if such coordinated government response to of reports as determined by the rescheduling would result in major combat the COVID–19 public health Chairman. [Note: Pursuant to 5 U.S.C. inconvenience. emergency, the Committee will conduct 552b(c)(2) and (6), a portion of this An electronic copy of each virtual meetings. The public will be able meeting may be closed to discuss presentation should be emailed to the to participate in any open sessions via organizational and personnel matters Cognizant ACRS Staff at least one day 1–866–822–3032, pass code 8272423#. that relate solely to internal personnel before meeting. A more detailed agenda may be found rules and practices of the ACRS, trade In accordance with Subsection 10(d) at the ACRS public website at https:// secrets and commercial or financial of Public Law 92–463 and 5 U.S.C. www.nrc.gov/reading-rm/doc- information obtained from a person and 552b(c), certain portions of this meeting collections/acrs/agenda/index.html. privileged or confidential, and may be closed, as specifically noted

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above. Use of still, motion picture, and information related to this document shutdown since September 26, 2009. television cameras during the meeting using any of the following methods: Subsequently, the licensee determined may be limited to selected portions of • Federal Rulemaking Website: Go to that issues with containment integrity the meeting as determined by the https://www.regulations.gov and search could not be satisfactorily resolved and Chairman. Electronic recordings will be for Docket ID NRC–2021–0017. Address decided not to attempt to restart the permitted only during the open portions questions about Docket IDs in facility. On May 28, 2011, Duke Energy of the meeting. Regulations.gov to Stacy Schumann; Florida, LLC (DEF) completed the ACRS meeting agendas, meeting telephone: 301–415–0624; email: removal of fuel from the reactor vessel transcripts, and letter reports are [email protected]. For technical at CR–3. By letter dated February 20, available through the NRC Public questions, contact the individual listed 2013 (Agencywide Documents Access Document Room (PDR) at pdr.resource@ in the FOR FURTHER INFORMATION and Management System [ADAMS] nrc.gov, or by calling the PDR at 1–800– CONTACT section of this document. Accession No. ML13056A005), DEF 397–4209, or from the Publicly • NRC’s Agencywide Documents submitted to the U.S. Nuclear Available Records System component of Access and Management System Regulatory Commission (NRC) NRC’s Agencywide Documents Access (ADAMS): You may obtain publicly certifications in accordance with 10 CFR and Management System (ADAMS), available documents online in the 50.82(a)(1)(i) indicating it would which is accessible from the NRC ADAMS Public Documents collection at permanently cease power operations, website at https://www.nrc.gov/reading- https://www.nrc.gov/reading-rm/ and with 10 CFR 50.82(a)(1)(ii) that it rm/adams.html or https://www.nrc.gov/ adams.html. To begin the search, select had permanently defueled the reactor reading-rm/doc-collections/#ACRS/. ‘‘Begin Web-based ADAMS Search.’’ For vessel at CR–3. The spent fuel is Dated: March 5, 2021. problems with ADAMS, please contact currently being stored onsite in a spent the NRC’s Public Document Room (PDR) Russell E. Chazell, fuel pool (SFP). reference staff at 1–800–397–4209, 301– The CR–3 operating license was Federal Advisory Committee Management 415–4737, or by email to pdr.resource@ Officer, Office of the Secretary. transferred to ADP CR3, LLC (ADP CR3) nrc.gov. The ADAMS accession number by NRC Order issued April 1, 2020 [FR Doc. 2021–04952 Filed 3–9–21; 8:45 am] for each document referenced (if it is (ADAMS Accession No. ML20069A028). BILLING CODE 7590–01–P available in ADAMS) is provided the Upon implementation of the license first time that it is mentioned in this transfer on October 1, 2020, ADP CR3 document. commenced dismantlement and NUCLEAR REGULATORY • Attention: The PDR, where you may COMMISSION decommissioning activities at the CR–3 examine and order copies of public site that included the generation of low- documents, is currently closed. You [Docket No. 50–302; NRC–2021–0017] level radioactive waste. This waste is may submit your request to the PDR via primarily destined for transfer to distant ADP CR3, LLC; Crystal River Unit 3 email at [email protected] or call 1– locations such as the Waste Control Nuclear Plant 800–397–4209 or 301–415–4737, Specialists (WSC) disposal site in between 8:00 a.m. and 4:00 p.m. (EST), Andrews, Texas by rail or mixed mode AGENCY: Nuclear Regulatory Monday through Friday, except Federal shipment, such as a combination of Commission. holidays. truck/rail/barge shipments. ACTION: Exemption; issuance. FOR FURTHER INFORMATION CONTACT: John B. Hickman, Office of Nuclear Material II. Request/Action SUMMARY: The U.S. Nuclear Regulatory Safety and Safeguards, U.S. Nuclear By letter dated January 19, 2021 Commission (NRC) is issuing an Regulatory Commission, Washington, (ADAMS Accession No. ML21019A464), exemption in response to a January 19, DC 20555–0001; telephone: 301–415– ADP CR3 requested an exemption from 2021, request from ADP CR3, LLC (ADP 3017, email: [email protected]. 10 CFR part 20, Appendix G, CR3) for the Crystal River Unit 3 SUPPLEMENTARY INFORMATION: The text of ‘‘Requirements for Transfers of Low- Nuclear Plant, from the requirement to the exemption is attached. Level Radioactive Waste Intended for investigate and report to the NRC when Disposal at Licensed Land Disposal ADP CR3 does not receive notification Dated: March 5, 2021. For the Nuclear Regulatory Commission. Facilities and Manifests,’’ section III.E, of receipt of a shipment, or part of a for disposals from the CR–3 facility. Bruce A. Watson, shipment, of low-level radioactive waste Section III.E requires that the shipper within 20 days after transfer from the Chief, Reactor Decommissioning Branch, Division of Decommissioning, Uranium of any low-level radioactive waste to a Crystal River facility. ADP CR3 licensed land disposal facility must requested that the time period for it to Recovery, and Waste Programs, Office of Nuclear Material Safety and Safeguards. investigate and trace the shipment if the receive acknowledgement that the shipper has not received notification of shipment has been received by the Attachment—Exemption. the shipment’s receipt by the disposal intended recipient be extended from 20 Nuclear Regulatory Commission facility within 20 days after transfer. In to 45 days to avoid an excessive addition, Section III.E requires licensees Docket No. 50–302 administrative burden as operational to report such missing shipments to the experience indicates that rail or mixed ADP CR3, LLC NRC. Specifically, ADP CR3 is mode shipments may take more than 20 Crystal River Unit 3 Nuclear Plant requesting an exemption from the days to reach their destination. requirements in 10 CFR part 20, DATES: The exemption was issued on I. Background Appendix G, Section III.E, under the March 3, 2021. The Crystal River Unit 3 Nuclear provisions of 10 CFR 20.2301, ADDRESSES: Please refer to Docket ID Plant (CR–3), licensed under Title 10 of ‘‘Applications for exemptions,’’ to NRC–2021–0017 when contacting the the Code of Federal Regulations (10 extend the time period for ADP CR3 to NRC about the availability of CFR) Part 50 (License No. DPR–72, receive acknowledgement that the information regarding this document. Docket No. 50–302), is located in Citrus shipment has been received from 20 to You may obtain publicly available County, Florida. CR–3 has been 45 days after transfer for a rail or mixed

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mode shipment from CR–3 to the B. The Exemption Presents No Undue C. Categorical Exclusion intended recipient. Risk to Public Health and Safety With respect to compliance with Inherent to the decommissioning The purpose of 10 CFR part 20, Section 102(2) of the National process, large volumes of low-level Appendix G, Section III.E is to require Environmental Policy Act (NEPA), 42 radioactive waste are generated and licensees to investigate, trace, and report U.S.C. 4332(2) (NEPA), the NRC staff require disposal. Experience with waste radioactive shipments that have not has determined that the proposed shipments from CR–3 and other reached their destination, as scheduled, action, namely, the approval of the ADP CR3 exemption request, is within the decommissioning power reactor sites for unknown reasons. indicates that rail or mixed-mode scope of the categorical exclusions Data from CR–3 (for example, see ADP transportation time to waste disposal listed at 10 CFR 51.22(c)(25). The CR3 report on investigation pursuant to facilities has, in several instances, proposed action presents (i) no 10 CFR part 20, Appendix G (ADAMS exceeded the 20-day receipt of significant hazards considerations; (ii) Accession No. ML21019A458)) found notification requirement. For example, would not result in a significant change that several shipments took longer than in December 2020, ADP CR3 shipped in the types, or significant increase in 20 days, from 30 to 41 days, to reach the the amounts, of any effluents that may six rail cars, three containing EXEMPT Waste Control Specialists disposal be released offsite; (iii) would not result materials and three containing UN2912 facility in Andrews, Texas once they left in a significant increase in individual or LSA–1 materials to the WCS disposal the CR–3 facility. The NRC cumulative public or occupational facility in Andrews, Texas. The total acknowledges that, based on the history radiation exposure; (iv) has no transit time between when the railcars of low-level radioactive waste significant construction impact; (v) does were released from the CR3 facility until shipments from CR–3, the need to not present a significant increase in the verification of receipt was received for investigate, trace and report on potential for or consequences from the six railcars ranged from thirty (30) shipments that take longer than 20 days radiological accidents. The to forty-one (41) days. Further, in June could result in an excessive requirements from which an exemption 2019, Vermont Yankee (VY) shipped administrative burden on the licensee. is sought involves reporting two railcars containing four (4) freight As noted above, shipping times have requirements under 10 CFR containers each of low-level radioactive frequently exceeded 20 days and have 51.22(c)(25)(vi)(B) and inspection or waste to the WCS disposal facility in taken up to 41 days. As stated in the surveillance requirements under 10 CFR Andrews, Texas. The total transit time request for exemption for rail 51.22(c)(25)(vi)(C). Therefore, no further between when the railcars were released shipments, ADP CR3 utilizes an analysis is required under NEPA. from the VY facility until verification of electronic data tracking system IV. Conclusions receipt was received for the two railcars interchange, or similar tracking systems ranged from thirty-three (33) to forty that allows monitoring the progress of Accordingly, the Commission has (40) days. Finally, on September 11, the shipments on a daily basis. determined that, pursuant to 10 CFR 20.2301, the exemption is authorized by 2014, ZionSolutions shipped two The requirement to investigate a late gondola railcars of low-level radioactive law and will not result in undue hazard shipment that may be lost, misdirected, to life or property. Therefore, the waste to the EnergySolutions’ Clive or diverted helps prevent any Disposal Facility in Clive, UT. The Commission hereby grants ADP CR3 an inadvertent radiological exposure to the exemption from 10 CFR part 20, railcars reported to the Clive Facility on public from the radioactive materials in October 9, 2014, a duration of 28 days. Appendix G, Section III.E to extend the the shipment. Because of the oversight receipt of notification period from 20 In addition, administrative processes at and monitoring of radioactive waste the disposal facility and mail delivery days to 45 days after transfer for rail or shipments throughout the entire journey mixed-mode shipments of low-level times can further delay the issuance or from CR–3 to the disposal site, it is radioactive waste from the CR–3 facility arrival of the receipt of notification. unlikely that a shipment could be lost, to a licensed land disposal facility. III. Discussion misdirected, or diverted without the knowledge of the carrier or ADP CR3; [FR Doc. 2021–04997 Filed 3–9–21; 8:45 am] A. The Exemption Is Authorized by Law therefore, there is no potential health BILLING CODE 7590–01–P and safety concern presented by the The NRC’s regulations in 10 CFR requested exemption. This oversight 20.2301 allow the Commission to grant and monitoring would facilitate a POSTAL SERVICE exemptions from the requirements of prompt investigation of a loss, the regulations in 10 CFR part 20 if it misdirection or diversion which would Board of Governors; Sunshine Act determines the exemption would be minimize any adverse impact. By Meeting authorized by law and would not result extending the elapsed time for receipt TIME AND DATE: in undue hazard to life or property. acknowledgment to 45 days before March 9, 2021, at 11:30 a.m. There are no provisions in the Atomic requiring investigations, tracing, and Energy Act of 1954, as amended (or in reporting, a reasonable upper limit on PLACE: Washington, DC. any other Federal statute) that impose a shipment duration (based on historical STATUS: Closed. requirement to investigate and report on analysis) is still maintained if a MATTERS TO BE CONSIDERED: low-level radioactive waste shipments breakdown of normal tracking systems 1. Compensation and Personnel that have not been acknowledged by the were to occur. Consequently, the NRC Matters. recipient within 20 days of transfer. finds that extending the receipt of 2. Administrative Items. Therefore, the NRC staff concludes that notification period from 20 to 45 days General Counsel Certification: The there is no statutory prohibition on the after transfer of the low-level radioactive General Counsel of the United States issuance of the requested exemption waste as described by ADP CR3 in its Postal Service has certified that the and the NRC is authorized to grant the January 19, 2021, letter would not result meeting may be closed under the exemption by law. in an undue hazard to life or property. Government in the Sunshine Act.

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CONTACT PERSON FOR MORE INFORMATION: has received no comments on the The Exchange also proposes to amend Michael J. Elston, Secretary of the proposal. This order institutes CBOE Rule 4.21(b)(6) to state that the Board, U.S. Postal Service, 475 L’Enfant proceedings under Section 19(b)(2)(B) of Exchange may determine the smallest Plaza, SW, Washington, DC 20260– the Exchange Act 6 to determine increment for exercise prices of FLEX 1000. Telephone: (202) 268–4800. whether to approve or disapprove the Options on a class-by-class basis. The proposed rule change. Exchange states that this codifies its Michael J. Elston, longstanding interpretation of the I. Description of the Proposal Secretary. current rule, which references the [FR Doc. 2021–05098 Filed 3–8–21; 4:15 pm] The Exchange has proposed to amend minimum increment for bids and offers BILLING CODE 7710–12–P the minimum increments for bids and as set forth in CBOE Rule 5.4. CBOE offers and exercise prices of flexible Rule 5.4(c)(4) provides that the exchange options (‘‘FLEX Options’’) 7 Exchange may determine the minimum SECURITIES AND EXCHANGE submitted to an electronic FLEX auction increment for bids and offers on FLEX COMMISSION and make related changes to its rules. Options on a class-by-class basis, which The Exchange is proposing to change may be no smaller than the amounts [Release No. 34–91257; File No. SR–CBOE– the permissible minimum increment for 2020–106] specified in that rule. The Exchange exercise price. The Exchange’s rules states that it has therefore interpreted Self-Regulatory Organizations; Cboe provide that, when submitting a FLEX CBOE Rule 4.21(b)(6) to mean that those Exchange, Inc.; Order Instituting Order,8 the submitting FLEX trader same provisions apply to the minimum Proceedings To Determine Whether To must include all the required terms of increments for exercise prices for FLEX Approve or Disapprove a Proposed a FLEX Options series, including an Options. The proposed rule change also 9 Rule Change, as Modified by exercise (or strike) price. According to adds to CBOE Rule 4.21(b)(6)(A)(ii) that Amendment No. 1, To Amend its Rules the Exchange, the exercise price of a the Exchange’s system rounds the actual Regarding the Minimum Increments for FLEX Option may currently be exercise price to the nearest fixed price Electronic Bids and Offers and expressed as either (1) a fixed price minimum increment for bids and offers Exercise Prices of Certain FLEX expressed in terms of dollars and in the class (as set forth in CBOE Rule Options and Clarify in the Rules How decimals or a specific index value, as 5.4). the System Ranks FLEX Option Bids applicable (which may not be smaller The Exchange is also proposing to and Offers for Allocation Purposes than $0.01), or (2) a percentage of the amend the permissible minimum closing value of the underlying equity increment for bids and offers. The March 4, 2021. security or index, as applicable, on the Exchange proposes to amend CBOE On November 16, 2020, Cboe trade date (which may not be smaller Rule 5.4(c)(4)(B), which currently Exchange, Inc. filed with the Securities than 0.01%).10 The Exchange is provides that the minimum increment and Exchange Commission proposing to amend CBOE Rule for bids and offers on FLEX Options (‘‘Commission’’), pursuant to Section 4.21(b)(6)(A) to provide that, for FLEX with (1) an exercise price expressed as 19(b)(1) of the Securities Exchange Act Orders submitted to an electronic FLEX a fixed price may not be smaller than of 1934 (‘‘Exchange Act’’) 1 and Rule auction: (1) An exercise price expressed $0.01 and (2) an exercise price 19b–4 thereunder,2 a proposed rule as a fixed price may be in increments no expressed as a percentage of the closing change to amend its rules regarding the smaller than $0.001; and (2) an exercise value of the underlying equity security minimum increments for electronic bids price expressed as a percentage of the or index on the trade date may not be and offers and exercise prices of certain closing value of the underlying equity smaller than 0.01%.12 As proposed, FLEX options and clarify how the security or index, as applicable, on the CBOE Rule 5.4(c)(4) would provide that system ranks FLEX option bids and trade date may be in increments no the minimum increment for bids and 11 offers for allocation purposes. On smaller than 0.0001%. offers, for FLEX Orders and auction November 30, 2020, the Exchange filed responses submitted to an electronic Amendment No. 1 to the proposed rule institute proceedings to determine whether to FLEX auction, with (1) an exercise price change, which amended and replaced disapprove, the proposed rule change. 6 15 U.S.C. 78s(b)(2)(B). expressed as a fixed price may not be the proposed rule change in its entirety. 7 See CBOE Rule 1.1. smaller than $0.001; and (2) an exercise The Commission published notice of the 8 A ‘‘FLEX Order’’ is an order submitted in a price expressed as a percentage of the proposed rule change, as modified by FLEX Option. See CBOE Rule 5.70. closing value of the underlying equity Amendment No. 1, in the Federal 9 See CBOE Rule 4.21(b) for a description of the security or index on the trade date may terms of a FLEX Option series that a submitting Register on December 4, 2020.3 On 13 FLEX trader must include in a FLEX Order. not be smaller than 0.0001%. January 14, 2021, pursuant to Section 10 See CBOE Rule 4.21(b)(6). The Exchange states 4 19(b)(2) of the Exchange Act, the that, while the specific minimums for the exercise percentage of the closing value of the underlying Commission designated a longer period price are not currently included in CBOE Rule equity security or index on the trade date). The within which to approve the proposed 4.21(b)(6), that rule indicates that the Exchange’s proposed rule change adds language to clarify that system rounds the exercise price to the nearest these minimum increments for bids and offers will rule change, disapprove the proposed minimum increment as set forth in CBOE Rule 5.4, continue to apply to FLEX Orders and auction rule change, or institute proceedings to and the Exchange has interpreted the rule to mean responses submitted to an open outcry auction. See determine whether to disapprove the that the minimum increment for the exercise price proposed CBOE Rule 4.21(b)(6)(A). proposed rule change.5 The Commission of FLEX Options is the same as the minimum 12 The Exchange determines the minimum increment for bids and offers of FLEX Options. The increment for bids and offers on FLEX Options on term ‘‘trade date’’ as used herein refers to the date a class-by-class basis. See CBOE Rule 5.4(c)(4). 1 15 U.S.C. 78s(b)(1). on which the FLEX Option was bought or sold (i.e., 13 The Exchange states that the proposed rule 2 17 CFR 240.19b–4. the date on which the FLEX Option trade occurs). change will have no impact on the minimum 3 See Securities Exchange Act Release No. 90536 11 The Exchange states that the proposed rule increment for bids and offers for open outcry FLEX (November 30, 2020), 85 FR 78381. change will have no impact on the smallest Orders and auction responses, which minimum 4 15 U.S.C. 78s(b)(2). increment for exercise prices for open outcry FLEX increment for bids and offers will continue to be 5 See Securities Exchange Act Release No. 90926, Orders and auction responses, which may be no $0.01 (if the exercise price for the FLEX Option 86 FR 6710 (January 22, 2021). The Commission smaller than $0.01 (if the exercise price for the series is a fixed price) or 0.01% (if the exercise designated March 4, 2021, as the date by which the FLEX Option series is a fixed price) or 0.01% (if the price for the FLEX Option series is a percentage of Commission shall approve or disapprove, or exercise price for the FLEX Option series is a Continued

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In addition, the Exchange proposes to ‘‘prices’’ at which FLEX traders FLEX Options allow market amend CBOE Rule 5.3(e)(3), which submitting responses are competing are participants certain flexibility in setting currently states that bids and offers for the dollar and decimal amounts of the specific terms of a FLEX Options FLEX Options must be expressed in (a) response bids and offers entered as fixed contract consistent with Exchange U.S. dollars and decimals, if the amounts (as is the case with all non- rules.18 The proposal would permit exercise price for the FLEX Option FLEX options), and the Exchange states traders to establish exercise prices for series is a fixed price, or (b) a that the proposed rule change codifies FLEX Options that are in smaller percentage, if the exercise price for the this in the Exchange’s rules. With increments than those available on the FLEX Option series is a percentage of respect to responses to all types of FLEX non-FLEX options market.19 As a result, the closing value of the underlying auctions for a FLEX Option series with the proposal would permit trading of equity security or index on the trade an exercise price expressed as a FLEX and non-FLEX options that are in date, per unit of the underlying security percentage, the ‘‘prices’’ at which FLEX all terms the same, but for a or index, as applicable. The Exchange’s traders submitting responses are differentiation of $0.001 or 0.0001% of system rounds bids and offers to the competing are the percentage values of the exercise price. Therefore, under the nearest minimum increment. The the response bids and offers entered as proposal, FLEX Options, with no proposed rule change states that bids percentages (which ultimately become a meaningful economic difference from and offers would be in the applicable dollar value after the closing value for non-FLEX options that overly the same minimum increment as set forth in the underlying security or index, as underlying security or index, could CBOE Rule 5.4. As proposed, CBOE applicable, is available), and according avoid the priority and price protections Rule 5.3(e)(3) would also state that the to the Exchange, the proposed rule provided to customer orders that exist system rounds the final transaction change codifies this in its rules. in the non-FLEX options market by prices to the nearest minimum fixed II. Proceedings To Determine Whether permitting such FLEX Option orders to price increment for the class as set forth To Approve or Disapprove SR–CBOE– trade ahead of customers on the in CBOE Rule 5.4(c)(4)(A). 2020–106 and Grounds for Disapproval Exchange’s order book and/or trade The Exchange also proposes to amend Under Consideration through the national best bid or offer CBOE Rules 5.72(c)(3)(A) and (d)(2), (‘‘NBBO’’) in the non-FLEX options The Commission is instituting 5.73(e), and 5.74(e) to state how FLEX market. Accordingly, the proposal could proceedings pursuant to Section auction response bids and offers (as well allow FLEX Options, with decimal 19(b)(2)(B) of the Exchange Act 15 to as Initiating Orders and Solicitation exercise price differences that, for all determine whether the proposed rule Orders with respect to FLEX AIM practical purposes, are insignificant as change should be approved or Auctions and FLEX SAM Auctions, compared to the exercise price of a non- disapproved. Institution of such respectively) are ranked during the FLEX option, to gain priority over proceedings is appropriate at this time allocation process following each type economically equivalent non-FLEX in view of the legal and policy issues of FLEX auction (i.e., electronic FLEX option customer orders on the book raised by the proposed rule change, as Auction, open outcry FLEX Auction, and/or trade through the NBBO. As a discussed below. Institution of FLEX AIM Auction, and FLEX SAM result, there are questions as to whether proceedings does not indicate that the Auction, respectively). The Exchange the proposal is consistent with Section Commission has reached any proposes to state that, for purposes of 6(b)(5) of the Exchange Act and the conclusions with respect to any of the ranking responses, when determining requirements that the rules of the issues involved. Rather, as stated below, how to allocate an order and responses, exchange be designed to prevent the Commission seeks and encourages the term ‘‘price’’ refers to (1) the dollar fraudulent and manipulative acts and interested persons to provide comments and decimal amount of the order or practices, promote just and equitable on the proposed rule change to inform response bid or offer or (2) the principles of trade, and in general, to the Commission’s analysis of whether to percentage value of the order or protect investors and the public interest. response bid or offer, as applicable. approve or disapprove the proposal. According to the Exchange, FLEX Pursuant to Section 19(b)(2)(B) of the While the Exchange states that there 16 Orders will always first be allocated to Exchange Act, the Commission is is demand from customers for the responses at the best price, as providing notice of the grounds for additional precision the proposal would applicable.14 With respect to responses disapproval under consideration. The allow and that the proposal would to all types of FLEX auctions for a FLEX Commission is instituting proceedings encourage trading of customized options Option series with an exercise price to allow for additional analysis of the that is currently available on the OTC expressed as a dollar and decimal, the proposed rule change’s consistency with market, the Exchange does not address the Exchange Act, and, in particular, the impact on customers and market the closing value of the underlying equity security with Section 6(b)(5) of the Exchange quality in the Exchange’s non-FLEX or index on the trade date). The proposed rule Act, which requires, among other options market. Accordingly, the change adds language to clarify that these minimum things, that the rules of a national proposal raises questions as to whether increments for bids and offers will continue to securities exchange be designed to any potential benefit of order flow apply to FLEX Orders and auction responses submitted to an open outcry auction. See proposed prevent fraudulent and manipulative migrating from the OTC market to the CBOE Rule 5.4(c)(4)(B). acts and practices, to promote just and Exchange would outweigh the potential 14 The Exchange states that the proposed rule equitable principles of trade, to remove costs of orders moving from the non- change also clarifies this in CBOE Rule 5.72(d)(2) impediments to and perfect the FLEX options market to the less by adding a cross-reference to CBOE Rule 5.85(a)(1), which states that, with respect to open outcry mechanism of a free and open market transparent FLEX Options market and trading on the Exchange’s trading floor, bids and and a national market system, and, in the impact on market quality and offers with the highest bid and lowest offer have general, to protect investors and the customer orders in the non-FLEX priority. The Exchange states that this is a public interest.17 options market. nonsubstantive change that is currently true for open outcry FLEX auctions, and the proposed rule change merely makes this explicit in CBOE Rule 15 15 U.S.C. 78s(b)(2)(B). 18 See CBOE Rules 4.20–4.22. 5.72(d)(2), which cross-reference was previously 16 Id. 19 See, e.g., Interpretations and Policies to CBOE inadvertently omitted from the Exchange’s rules. 17 15 U.S.C. 78f(b)(5). Rule 4.5.

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The proposal would also permit FLEX could similarly have the potential to determine whether the proposal should traders to submit bids and offers, and make it harder for market participants to be approved or disapproved. therefore trade at prices, that are in anticipate auction prices, which could III. Procedure: Request for Written smaller increments than those available affect market quality and decrease FLEX Comments on the non-FLEX options market. The Options market participation.22 Exchange asserts that, because the Finally, the Exchange states that it is The Commission requests that electronic auction responses are codifying its policy to rank exercise interested persons provide written generally not visible to other FLEX prices based on percentages prior to submissions of their views, data, and traders, and there is no displayed converting them to dollar amounts once arguments with respect to the issues liquidity to step ahead of, traders will be the closing price is available. The identified above, as well as any other unable to purposefully increase bids Exchange states it has always ranked concerns they may have with the and offers by trivial amounts and step percentage orders this way. The proposal. In particular, the Commission ahead of other traders’ prices. The Exchange does not discuss, however, invites the written views of interested Exchange also states that auction prices that if the order had been ranked at the persons concerning whether the are not intended to serve as a price- close, some percentage responses would proposal is consistent with Section setting function. The Exchange states it be rounded to the same price as other 6(b)(5) or any other provision of the believes that, as a result of these factors, percentage responses, and therefore, be Exchange Act, or the rules and sub-increment bids and offers for able to participate in the order. The regulations thereunder. Although there electronic FLEX auctions will not Exchange does not address that, in the do not appear to be any issues relevant diminish liquidity in FLEX auctions. example it provided in its filing, a to approval or disapproval that would Auction prices for FLEX SAM Auctions, percentage sell response of 7.02% be facilitated by an oral presentation of however, are disseminated. With respect would currently round to the same two views, data, and arguments, the to FLEX SAM Auctions, the proposal decimals as the sell response of 7.01%, Commission will consider, pursuant to could increase the risk that traders can but given the ranking at the end of the Rule 19b–4, any request for an step ahead of other traders by amounts auction before rounding, only the 7.01% opportunity to make an oral that are economically insignificant. In response would receive the execution. presentation.27 its proposal, the Exchange did not While there may be a reasonable Interested persons are invited to address this risk and the potential rationale for ranking prior to rounding, submit written data, views, and impact of the proposal on FLEX SAM the Exchange should address why it arguments regarding whether the Auctions and its consistency with believes ranking as proposed is proposal should be approved or Section 6(b)(5) of the Exchange Act consistent with the Exchange Act. disapproved by March 31, 2021. Any including, among others, investor The Commission notes that, under the person who wishes to file a rebuttal to protection. Commission’s Rules of Practice, the any other person’s submission must file Moreover, the Exchange does not ‘‘burden to demonstrate that a proposed that rebuttal by April 14, 2021. explain how it will ensure that, under rule change is consistent with the The Commission asks that the proposed decimal pricing, bids and Exchange Act and the rules and commenters address the sufficiency of offers are being improved at increments regulations thereunder . . . is on the that are meaningful to market the Exchange’s statements in support of self-regulatory organization [‘‘SRO’’] participants.20 There is potential that the proposal, which are set forth in the that proposed the rule change.23 The 28 the increased complexity created by the Notice, in addition to any other description of a proposed rule change, proposed pricing increments could have comments they may wish to submit its purpose and operation, its effect, and the effect of reducing participation in about the proposed rule change. a legal analysis of its consistency with FLEX auctions and thereby lead to less Comments may be submitted by any applicable requirements must all be competitive prices. The Exchange itself of the following methods: sufficiently detailed and specific to has acknowledged in a different context support an affirmative Commission Electronic Comments in another proposal that de minimis finding,24 and any failure of an SRO to • price improvement may discourage Use the Commission’s internet provide this information may result in market participants from providing comment form (http://www.sec.gov/ the Commission not having sufficient contra-side interest at the best prices rules/sro.shtml); or basis to make an affirmative finding that • and liquidity providers from joining or Send an email to rule-comments@ a proposed rule change is consistent improving at meaningful increments.21 sec.gov. Please include File Number SR– with the Exchange Act and the In its proposal, the Exchange did not CBOE–2020–106 on the subject line. applicable rule and regulations.25 address if the increased pricing options For these reasons, the Commission Paper Comments • 20 For example, it is possible traders could use believes it is appropriate to institute Send paper comments in triplicate open outcry on the trading floor to obtain a quote, proceedings pursuant to Section to Secretary, Securities and Exchange and then use this information to enter an 19(b)(2)(B) of the Exchange Act 26 to Commission, 100 F Street NE, economically equivalent option in a FLEX auction Washington, DC 20549–1090. at a de minimis price difference. 22 Id. at 30348 stating, among other things, that 21 See Securities Exchange Act Release No. 89638 ‘‘The Exchange believes that lack of an indication (August 21, 2020), 85 FR 53045 (August 21, 2020) 27 Section 19(b)(2) of the Exchange Act, as of where an auction is set to begin, like the ballpark (SR–CBOE–2020–052) at 36925 stating, among other amended by the Securities Act Amendments of figure provided by the trading crowd when crossing things, that ‘‘.... the Exchange believes that the 1975, Public Law 94–29 (June 4, 1975), grants the on the trading floor, may cause apprehension in current manner in which de minimis price Commission flexibility to determine what type of pricing competitive responses during the electronic improvement may occur via C–AIM, as well as proceeding—either oral or notice and opportunity auctions in SPX, which may reduce liquidity and FLEX C–AIM, Auctions in connection with Index for written comments—is appropriate for price improvement during such auctions.’’ Combo Orders in SPX (i.e., potentially only consideration of a particular proposal by a self- 23 improved in sub-penny increments) may discourage Rule 700(b)(3), Commission Rules of Practice, regulatory organization. See Securities Act market participants from providing contra-side 17 CFR 201.700(b)(3). Amendments of 1975, Senate Comm. on Banking, interest at the best prices and liquidity providers 24 See id. Housing & Urban Affairs, S. Rep. No. 75, 94th from joining or improving at meaningful 25 See id. Cong., 1st Sess. 30 (1975). increments.’’ 26 15 U.S.C. 78s(b)(2)(B). 28 See supra note 3.

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All submissions should refer to File SECURITIES AND EXCHANGE Commission determines that a longer Number SR–CBOE–2020–106. This file COMMISSION period is appropriate and publishes reasons for such determination. The number should be included on the [Release No. 34–91254; File No. SR–Phlx– subject line if email is used. To help the 2020–41] proposed rule change was published for Commission process and review your notice and comment in the Federal comments more efficiently, please use Self-Regulatory Organizations; Nasdaq Register on September 8, 2020. March 7, only one method. The Commission will PHLX LLC; Notice of Designation of a 2021 is 180 days from that date, and post all comments on the Commission’s Longer Period for Commission Action May 6, 2021 is 240 days from that date. internet website (http://www.sec.gov/ on Proceedings To Determine Whether The Commission finds it appropriate rules/sro.shtml). Copies of the To Approve or Disapprove a Proposed to designate a longer period within submission, all subsequent Rule Change To List and Trade which to issue an order approving or amendments, all written statements Options on a Nasdaq-100 Volatility disapproving the proposed rule change so that it has sufficient time to consider with respect to the proposed rule Index the proposed rule change. Accordingly, change that are filed with the March 4, 2021. the Commission, pursuant to Section Commission, and all written On August 24, 2020, Nasdaq PHLX 19(b)(2) of the Exchange Act,9 communications relating to the LLC (‘‘Exchange’’ or ‘‘Phlx’’) filed with designates May 6, 2021 as the date by proposed rule change between the the Securities and Exchange which the Commission shall either Commission and any person, other than Commission (‘‘Commission’’), pursuant approve or disapprove the proposed those that may be withheld from the to Section 19(b)(1) of the Securities rule change (File No. SR–Phlx–2020– public in accordance with the Exchange Act of 1934 (‘‘Exchange 41). provisions of 5 U.S.C. 552, will be Act’’) 1 and Rule 19b–4 thereunder,2 a For the Commission, by the Division of available for website viewing and proposed rule change to list and trade options on a Nasdaq-100 Volatility Trading and Markets, pursuant to delegated printing in the Commission’s Public authority.10 Index. The proposed rule change was Reference Room, 100 F Street NE, J. Matthew DeLesDernier, Washington, DC 20549, on official published for comment in the Federal 3 Assistant Secretary. business days between the hours of Register on September 8, 2020. On October 20, 2020, pursuant to [FR Doc. 2021–04909 Filed 3–9–21; 8:45 am] 10:00 a.m. and 3:00 p.m. Copies of the Section 19(b)(2) of the Exchange Act,4 BILLING CODE 8011–01–P filing also will be available for the Commission designated a longer inspection and copying at the principal period within which to approve the office of the Exchange. All comments proposed rule change, disapprove the SECURITIES AND EXCHANGE received will be posted without change. proposed rule change, or institute COMMISSION Persons submitting comments are proceedings to determine whether to [Investment Company Act Release No. 5 cautioned that we do not redact or edit disapprove the proposed rule change. 34220; File No. 812–15140] personal identifying information from On December 4, 2020, the Commission comment submissions. You should instituted proceedings under Section Brighthouse Life Insurance Company, submit only information that you wish 19(b)(2)(B) of the Exchange Act 6 to et al. to make available publicly. All determine whether to approve or submissions should refer to File disapprove the proposed rule change.7 March 4, 2021. Number SR–CBOE–2020–106 and Section 19(b)(2) of the Exchange Act 8 AGENCY: Securities and Exchange should be submitted on or before March provides that, after initiating Commission (‘‘Commission’’). 31, 2021. Rebuttal comments should be disapproval proceedings, the ACTION: Notice. submitted by April 14, 2021. Commission shall issue an order approving or disapproving the proposed Notice of application for an order For the Commission, by the Division of rule change not later than 180 days after approving the substitution of certain Trading and Markets, pursuant to delegated the date of publication of notice of filing securities pursuant to section 26(c) of authority.29 of the proposed rule change. The the Investment Company Act of 1940, as J. Matthew DeLesDernier, Commission may extend the period for amended (the ‘‘Act’’) and an order of Assistant Secretary. issuing an order approving or exemption pursuant to section 17(b) of [FR Doc. 2021–04911 Filed 3–9–21; 8:45 am] disapproving the proposed rule change the Act from section 17(a) of the Act. BILLING CODE 8011–01–P by not more than 60 days if the APPLICANTS: Brighthouse Life Insurance Company (‘‘BLIC’’), Brighthouse Life 1 15 U.S.C. 78s(b)(1). Insurance Company of NY (‘‘BLIC NY’’ 2 17 CFR 240.19b–4. and, together with BLIC, the 3 See Securities Exchange Act Release No. 89725 (September 1, 2020), 85 FR 55544 (‘‘Notice’’). ‘‘Companies’’), Brighthouse Fund UL for Comments on the proposed rule change can be Variable Life Insurance (‘‘Fund UL’’), found on the Commission’s website at: https:// Brighthouse Separate Account A www.sec.gov/comments/sr-phlx-2020-41/ (‘‘Separate Account A’’), Brighthouse srphlx202041.htm. Separate Account Eleven for Variable 4 15 U.S.C. 78s(b)(2). 5 See Securities Exchange Act Release No. 90226, Annuities (‘‘Separate Account Eleven’’), 85 FR 67781 (October 26, 2020). The Commission and Brighthouse Variable Annuity designated December 7, 2020 as the date by which Account B (‘‘Variable Account B,’’ and the Commission shall approve or disapprove, or together with Fund UL, Separate institute proceedings to determine whether to disapprove, the proposed rule change. Account A, and Separate Account 6 15 U.S.C. 78s(b)(2)(B). Eleven, the ‘‘Separate Accounts,’’ and 7 See Securities Exchange Act Release No. 90573, 85 FR 79552 (December 10, 2020). 9 Id. 29 17 CFR 200.30–3(a)(57). 8 15 U.S.C. 78s(b)(2). 10 17 CFR 200.30–3(a)(31).

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collectively with the Companies, the website by searching for the file make their Contracts more attractive to ‘‘Section 26 Applicants’’); and number, or for an Applicant using the existing and prospective Contract Brighthouse Funds Trust I (‘‘BFT I,’’ and Company name box, at http:// owners. Additional information for the collectively with the Section 26 www.sec.gov.search/search.htm, or by Existing Fund and the Replacement Applicants, the ‘‘Section 17 Applicants’’ calling (202) 551–8090. Fund, including investment objectives, or ‘‘Applicants’’). principal investment strategies, Applicants’ Representations SUMMARY OF APPLICATION: The Section principal risks, and performance, as 26 Applicants seek an order pursuant to 1. BLIC is a stock life insurance well as the fees and expenses of the section 26(c) of the Act, approving the company organized under the laws of Existing Fund and the Replacement proposed substitution (‘‘Substitution’’) the state of Delaware and is an indirect, Fund, can be found in the application. of Loomis Sayles Growth Portfolio (the wholly owned subsidiary of Brighthouse 9. The Section 26 Applicants state ‘‘Replacement Fund’’), a series of BFT I, Financial, Inc., a publicly owned that the Substitution will be described for shares of ClearBridge Variable company. BLIC is the depositor and in supplements to the applicable Aggressive Growth Portfolio (the sponsor of Fund UL, Separate Account prospectuses (‘‘Supplements’’) for the ‘‘Existing Fund’’), a series of Legg A and Separate Account Eleven. Contracts filed with the Commission Mason Partners Variable Equity Trust, 2. BLIC NY is a stock life insurance and delivered to all affected Contract held by the Separate Accounts to fund company organized under the laws of owners at least 30 days before the certain variable annuity insurance the state of New York and is a wholly Substitution Date. Each Supplement, contracts and variable life insurance owned subsidiary of BLIC. BLIC NY is among other things, will advise Contract contracts (collectively, the ‘‘Contracts’’). the depositor and sponsor of Separate owners that, for a period beginning 30 The Section 17 Applicants seek an order Account B. days before the Substitution Date pursuant to section 17(b) of the Act 3. The Separate Accounts are through at least 30 days following the exempting them from section 17(a) of registered with the Commission under Substitution Date, Contract owners are permitted to make at least one transfer the Act to the extent necessary to permit the Act as unit investment trusts for the of Contract value from the subaccount them to engage in certain in-kind purpose of funding the Contracts. Each investing in the Existing Fund or the transactions in connection with the Separate Account is divided into Replacement Fund to any other Substitution (‘‘In-Kind Transactions’’). subaccounts that reflect the investment performance of registered investment available investment option offered FILING DATES: The application was filed companies, such as BFT I, or series of under their Contracts without the on July 6, 2020 and amended on BFT I (‘‘investment options’’). transfer being counted as a transfer for November 19, 2020, February 10, 2021, 4. BFT I is a Delaware statutory trust purposes of transfer limitations and fees and March 3, 2021. registered under the 1940 Act as an that would otherwise be applicable HEARING OR NOTIFICATION OF HEARING: An open-end, management investment under the terms of the Contracts. In order granting the requested relief will company with multiple series, and its addition, each Supplement will disclose be issued unless the Commission orders securities are registered under the 1933 the existence and effect of the Multi- a hearing. Interested persons may Act. Manager Order (defined below) on request a hearing by emailing the 5. The Contracts are individual which the Replacement Fund relies.2 Commission’s Secretary at Secretarys- variable annuity and variable life 10. The Section 26 Applicants will [email protected] and serving applicants insurance contracts. Each Contract is send the Supplements to all affected with a copy of the request by email. registered under the Securities Act of Contract owners. Prospective purchasers Hearing requests should be received by 1933, as amended (the ‘‘1933 Act’’). The and new purchasers of Contracts will be the Commission by 5:30 p.m. on March Contracts allow Contract owners to provided with a Contract prospectus 29, 2021, and should be accompanied allocate premium and Contract value and the Supplement, as well as the by proof of service on applicants, in the among the subaccounts investing in a prospectus and any supplements for the form of an affidavit or, for lawyers, a number of investment options, which Replacement Fund. certificate of service. Pursuant to rule 0– are advised and/or sub-advised by 11. In addition to the Supplement 5 under the Act, hearing requests should investment managers that are affiliated distributed to Contract owners, within state the nature of the writer’s interest, and unaffiliated with the Section 17 five business days after the Substitution any facts bearing upon the desirability Applicants. Date, affected Contract owners will be of a hearing on the matter, the reason for 6. As set forth under each Contract, as sent a written confirmation of the the request, and the issues contested. well as in the prospectus for each completed Substitution in accordance Persons who wish to be notified of a Contract, the Companies reserve the with Rule 10b–10 under the Securities hearing may request notification by right to substitute shares of the Exchange Act of 1934. The confirmation emailing the Commission’s Secretary. underlying fund for shares of another statement will include or be ADDRESSES: The Commission: underlying fund. accompanied by a statement that [email protected]. Applicants: 7. The Companies, on their own reiterates the free transfer rights Ms. Michele Abate, mabate1@ behalf and on behalf of their Separate disclosed in the Supplement. The brighthousefinancial.com. Accounts, propose to exercise their Companies also will send each Contract FOR FURTHER INFORMATION CONTACT: contractual rights to substitute Class A and Class B shares of the Replacement 2 Pursuant to exemptive orders issued to N ew Harry Eisenstein, Senior Special England Funds Trust I, et al., Investment Company Counsel, at (202) 551–6764 or Kaitlin C. Fund for Class I and Class II shares of Act Release. No. 22796 (Aug. 29, 1997) (notice); 1 Bottock, Branch Chief at (202) 551–6825 the Existing Fund, respectively. Investment Company Act Release. No.22824 (Sept. 8. The Section 26 Applicants state 17, 1997) (order); and Investment Company Act (Division of Investment Management, Release. No.23829 (May 10, 1999) (notice); Chief Counsel’s Office). that the Substitution is part of an ongoing effort by the Companies to Investment Company Act Release. No. (June 4, SUPPLEMENTARY INFORMATION: The 1999) (amended order) (the ‘‘Multi-Manager Order’’), BIA is authorized to enter into and amend following is a summary of the 1 The Replacement Fund is a series of BFT I and sub- advisory agreements with sub-advisers who are application. The complete application is advised by Brighthouse Investment Advisers not affiliated with BIA without shareholder may be obtained via the Commission’s (‘‘BIA’’), an affiliate of the Companies. approval under certain conditions.

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owner a current prospectus for the whose subaccounts invest in the of the Contracts; (e) the Replacement Replacement Fund to the extent that Replacement Fund to the extent the Fund and the Existing Fund have they have not previously received a annual net operating expenses (taking similar or substantially similar copy. into account fee waivers and expense investment objectives, principal 12. The Substitution will be effected reimbursements) of each share class of investment strategies, and principal at the relative net asset value (‘‘NAV’’) the Replacement Fund for such period risks; and (f) the total net operating in conformity with section 22(c) of the exceed, on an annualized basis, the expenses of the Replacement Fund will Act and rule 22c–1 thereunder. The annual net operating expenses of the be the same or lower than those of the Substitution will be effected by having corresponding share class of the Existing Fund for at least two years each subaccount investing in the Existing Fund for fiscal year 2019. following the Substitution Date. The Existing Fund redeem its Existing Fund Further, any amounts waived or Section 26 Applicants assert that, based shares in cash and/or in-kind (as reimbursed by BIA will not be subject on the terms noted above, and subject to described herein) on the Substitution to recoupment rights. In addition, the the conditions set forth below, the Date at NAV per share and purchase Section 26 Applicants will not increase Substitution does not raise the concerns shares of the Replacement Fund at NAV separate account charges for any underlying section 26(c). per share calculated on the same date. Contract owner on the Substitution Date Legal Analysis—Section 17(a) of the Act 13. The Companies or an affiliate will at any time during the two-year period pay all expenses and transaction costs following the Substitution Date. 1. The Section 17 Applicants request reasonably related to the Substitution. an order under section 17(b) exempting No costs of the Substitution will be Legal Analysis—Section 26(c) of the Act them from the provisions of section borne directly or indirectly by Contract 1. The Section 26 Applicants request 17(a) to the extent necessary to permit owners. Contract owners will not incur that the Commission issue an order the Section 17 Applicants to carry out any fees or charges as a result of the pursuant to section 26(c) of the Act the Substitution. The Section 17 Substitution, nor will their rights or the approving the Substitution. Section Applicants state that because the obligations of the Companies under the 26(c) prohibits any depositor or trustee Substitution may be effected, in whole Contracts be altered in any way. The of a unit investment trust that invests or in part, by means of in-kind Substitution will not cause the fees and exclusively in the securities of a single redemptions and purchases, the charges under the Contracts currently issuer from substituting the securities of Substitution may be deemed to involve being paid by Contract owners to be another issuer without the approval of one or more purchases or sales of greater after the Substitution than before the Commission. Section 26(c) provides securities or property between affiliated the Substitution. The charges for that such approval shall be granted by persons. optional living benefit riders may order from the Commission if the 2. Section 17(a)(1) of the Act, in change from time to time and any such evidence establishes that the relevant part, prohibits any affiliated changes would be unrelated to the substitution is consistent with the person of a registered investment Substitution. In addition, the protection of investors and the purposes company, or any affiliated person of Substitution will in no way alter the tax of the Act. such person, acting as principal, from treatment of affected Contract owners in 2. The Section 26 Applicants submit knowingly selling any security or other connection with their Contracts, and no that the Substitution is consistent with property to that company. Section tax liability will arise for Contract the protection of investors and the 17(a)(2) of the Act generally prohibits owners as a result of the Substitution. purposes fairly intended by the policy the persons described above, acting as 14. The Section 26 Applicants state and provisions of the Act. In particular, principals, from knowingly purchasing that the Contract value for each Contract the Section 26 Applicants point to the any security or other property from the owner impacted by the Substitution will following: (a) The Contracts permit the registered investment company. not change as a result of the Substitution, subject to Commission ‘‘Affiliated person’’ is defined in section Substitution. In addition, the Section 26 approval and compliance with 2(a)(3) of the Act.3 Applicants also state that the benefits applicable laws, upon appropriate 3. To effect the Substitution, the offered by the guarantees under the notice; (b) the prospectuses or Companies will redeem shares of the Contracts will be the same immediately statements of additional information for Existing Fund either in-kind or in cash, before and after the Substitution. The the Contracts contain appropriate and use the proceeds of such Section 26 Applicants further state that disclosure of these rights; (c) the redemptions to purchase shares of the the effect Substitution may have on the Substitution will be described in the Replacement Fund. Thus, the proposed value of the benefits offered by the Supplements delivered to all affected transactions may involve a transfer of Contract guarantees would depend, Contract owners at least 30 days before portfolio securities by the Existing Fund among other things, on the relative the Substitution Date; (d) the to the Companies. Immediately future performance of the Existing Fund Supplements also will advise Contract and the Replacement Fund, which the owners that, for a period beginning at 3 Section 2(a)(3) defines affiliated person as ‘‘(A) Section 26 Applicants cannot predict. least 30 days before the Substitution any person directly or indirectly owning, The Section 26 Applicants further note Date through at least 30 days following controlling, or holding with power to vote, 5 per centum or more of the outstanding voting securities that, at the time of the Substitution, the the Substitution Date, Contract owners of such other person; (B) any person 5 per centum Contracts will offer a comparable variety are permitted to make at least one or more of whose outstanding voting securities are of investment options with as broad a transfer of Contract value from the directly or indirectly owned, controlled, or held range of risk/return characteristics. subaccount investing in the Existing with power to vote, by such other person; (C) any person directly or indirectly controlling, controlled 15. The Section 26 Applicants Fund to any other available subaccounts by, or under common control with, such other represent that, for a period of two years offered under their Contract without any person; (D) any officer, director, partner, copartner, following the date the Substitution is transfer charge or limitation and or employee of such other person; (E) if such other effected (the ‘‘Substitution Date’’), BLIC, without the transfer being counted as a person is an investment company, any investment adviser thereof or any member of an advisory board BLIC NY or an affiliate (other than BFT transfer for purposes of transfer thereof; and (F) if such other person is an I) will reimburse, on the last day of each limitations and fees that would unincorporated investment company not having a fiscal quarter, the Contract owners otherwise be applicable under the terms board of directors, the depositor thereof.’’

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thereafter, the Companies would Replacement Fund as stated in their of Contract value from the subaccount purchase shares of the Replacement respective registration statements and investing in the Existing Fund (before Fund with the portfolio securities and/ reports filed with the Commission; and the Substitution Date) or the or cash received from the Existing Fund. (iii) the In-Kind Transactions are Replacement Fund (after the This aspect of the Substitution may be consistent with the general purposes of Substitution Date) to any other available considered to involve one or more sales the Act because they do not raise any investment option under the Contract by the Companies of securities or other investor protection concerns. without charge for a period beginning at property to the Replacement Fund. Applicants’ Conditions least 30 days before the Substitution Based on the affiliations detailed in the Date through at least 30 days following application, these In-Kind Transactions The Section 26 Applicants agree that the Substitution Date. Except as may be prohibited by section 17(a)(1) any order granting the requested relief described in any market timing/short- and (2) of the Act. will be subject to the following term trading provisions of the relevant 4. Section 17(b) of the Act, in relevant conditions: prospectus, the Companies will not part, provides that, notwithstanding 1. The Substitution will not be exercise any right they may have under subsection (a), any person may file with effected unless the Companies the Contracts to impose restrictions on the Commission an application for an determine that: (i) The Contracts allow transfers between the subaccounts order exempting a proposed transaction the substitution of shares of registered under the Contracts, including from one or more provisions of section open-end investment companies in the limitations on the future number of 17(a). Pursuant to section 17(b), the manner contemplated by the transfers, for a period beginning at least Commission shall grant such application; (ii) the Substitution can be 30 days before the Substitution Date application and issue such order of consummated as described in the through at least 30 days following the exemption if evidence establishes that: application under applicable insurance Substitution Date. laws; and (iii) any regulatory The terms of the proposed transaction, 7. All affected Contract owners will be requirements in each jurisdiction where including the consideration to be paid notified at least 30 days before the the Contracts are qualified for sale have or received, are reasonable and fair and Substitution Date about: (i) The been complied with to the extent do not involve overreaching on the part intended Substitution of the Existing necessary to complete the Substitution. of any person concerned; the proposed Fund with the Replacement Fund; (ii) 2. The Companies or their affiliates transaction is consistent with the policy the intended Substitution Date; and (iii) will pay all expenses and transaction of each registered investment company information with respect to transfers as costs of the Substitution, including legal concerned, as recited in its registration set forth in Condition 6 above. In and accounting expenses, any statement and reports filed under the addition, the Companies will deliver to applicable brokerage expenses and other Act; and the proposed transaction is all affected Contract owners, at least 30 consistent with the general purposes of fees and expenses. No fees or charges days before the Substitution Date, a the Act. will be assessed to the Contract owners prospectus for the Replacement Fund. 5. Accordingly, the Section 17 to effect the Substitution. The Applicants seek relief under section Substitution will not cause the fees and 8. The Companies will deliver to each 17(b) from section 17(a) for the In-Kind charges under the Contracts currently affected Contract owner within five Transactions. The Section 17 Applicants being paid by the Contract owners to be business days of the Substitution Date, submit that the In-Kind Transactions greater after the Substitution than before a written confirmation which will satisfy the standards for an order under the Substitution. The combined current include: (i) A confirmation that the section 17(b) because: (i) The terms of management fee and Rule 12b–1 fee of Substitution was carried out as the In-Kind Transactions, including the each share class of the Replacement previously notified; (ii) a restatement of consideration to be paid and received, Fund involved in the Substitution at all the information set forth in the are reasonable and fair and do not asset levels will be no higher than that Supplement; and (iii) before and after involve overreaching on the part of any of the corresponding share class of the account values. person concerned because the In-Kind Existing Fund at corresponding asset 9. For a period of two years following Transactions will comply with rule 17a– levels. the Substitution Date, for Contract 7 under the Act, other than the 3. The Substitution will be effected at owners who were Contract owners as of requirement relating to cash the relative NAVs of the respective the Substitution Date, BLIC, BLIC NY or consideration; 4 (ii) the In-Kind shares in conformity with section 22(c) an affiliate thereof (other than BFT I) Transactions will be consistent with the of the Act and Rule 22c–1 thereunder will reimburse, on the last day of each policies of the Existing Fund and without the imposition of any transfer fiscal quarter, the Contract owners or similar charges by the Section 26 whose subaccounts invest in the 4 Rule 17a–7 is a conditional exemption from Applicants. The Substitution will be Replacement Fund to the extent the section 17(a) of the Act that permits purchase and effected without change in the amount annual net operating expenses (taking sale transactions among affiliated investment into account fee waivers and expense companies, or between an investment company and or value of any Contracts held by a person that is affiliated solely by reason of having affected Contract owners. reimbursements) of each share class of a common (or affiliated) investment adviser, 4. The Substitution will in no way the Replacement Fund for such period common directors, and/or common officers. In the exceed, on an annualized basis, the adopting release to the original Rule 17a–7, the alter the tax treatment of affected Commission stated that the purpose of the rule was Contract owners in connection with annual net operating expenses of the to ‘‘eliminate filing and processing applications their Contracts, and no tax liability will corresponding share class of the under circumstances where there appears to be no arise for affected Contract owners as a Existing Fund for fiscal year 2019. likelihood that the statutory finding for a specific Further, separate account charges for exemption under Section 17(b) of the Act could not result of the Substitution. be made’’ and that the conditions of the rule ‘‘are 5. The obligations of the Companies any Contract owner on the Substitution designed to limit the exemption to those situations and the rights of affected Contract Date will not be increased at any time where the Commission, upon the basis of its owners under the Contracts will not be during the two-year period following experience, considers that there is no likelihood of the Substitution Date. Any amounts overreaching of the investment companies altered in any way. participating in the transaction.’’ Inv. Co. Act Rel. 6. Affected Contract owners will be waived or reimbursed by BIA will not No. 4697 (Sep. 8, 1966) at 2–4. permitted to make at least one transfer be subject to recoupment rights.

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For the Commission, by the Division of Exchange has prepared summaries, set pass-through of the costs to the Investment Management, pursuant to forth in sections A, B, and C below, of Exchange and that the Exchange will delegated authority. the most significant aspects of such not generate any revenue in excess of J. Matthew DeLesDernier, statements. those costs.5 Although the Exchange is Assistant Secretary. currently still subject to the $150 rate A. Self-Regulatory Organization’s [FR Doc. 2021–04934 Filed 3–9–21; 8:45 am] (which it will continue to pass through), Statement of the Purpose of, and BILLING CODE 8011–01–P the proposed change provides flexibility Statutory Basis for, the Proposed Rule should the rate change in the future. For Change example, if the independent health care SECURITIES AND EXCHANGE 1. Purpose provider lowers the rate they charge the COMMISSION The Exchange proposes to amend its Exchange for each test (e.g., lowers from [Release No. 34–91259; File No. SR–CBOE– COVID–19 Test Fee which it recently $150 to $100), the Exchange can charge 2021–014] adopted in connection with the COVID– $100 per test, per TPH and associated 19 pandemic. By way of background, on person of a TPH, without having to Self-Regulatory Organizations; Cboe March 16, 2020, the Exchange submit an additional rule filing. The Exchange, Inc.; Notice of Filing and suspended open outcry trading to help Exchange represents that it will Immediate Effectiveness of a Proposed prevent the spread of COVID–19 3 and continue to ensure it does not generate Rule Change Relating To Amend Its was operating in an all-electronic any revenue in excess of its costs Fees Schedule configuration until June 15, 2020. On associated with the tests. The Exchange June 15, 2020, the Exchange reopened also does not anticipate the cost March 4, 2021. exceeding the current rate of $150. Pursuant to Section 19(b)(1) of the its trading floor, but with a modified configuration of trading crowds in order The Exchange next proposes to Securities Exchange Act of 1934 (the provide that in certain limited ‘‘Act’’),1 and Rule 19b–4 thereunder,2 to implement social distancing and other measures consistent with local circumstances, the Exchange will waive notice is hereby given that on February the costs of the test in its entirety, 25, 2021, Cboe Exchange, Inc. (the and state health and safety guidelines to help protect the safety and welfare of regardless of the cost to the Exchange. ‘‘Exchange’’ or ‘‘Cboe Options’’) filed Particularly, the Exchange proposes to with the Securities and Exchange individuals accessing the trading floor. In order to further protect the safety and provide that it will not assess any fees, Commission (the ‘‘Commission’’) the regardless of the cost to the Exchange, proposed rule change as described in welfare of individuals accessing the trading floor during the COVID–19 when test results are not received from Items I, II, and III below, which Items the independent health care provider have been prepared by the Exchange. pandemic, the Exchange determined to implement on-site COVID–19 testing for that conducts the tests in a timely The Commission is publishing this manner. The Exchange notes the testing notice to solicit comments on the all trading floor personnel, beginning November 16, 2020. The Exchange has process is rolling and intended to proposed rule change from interested capture any potential positive COVID persons. contracted with an independent health care provider who conducts the tests, cases. Accordingly, the Exchange does I. Self-Regulatory Organization’s which the Exchange currently conducts not believe it’s appropriate or equitable Statement of the Terms of Substance of twice each week. The Exchange to assess the fee if results are delivered the Proposed Rule Change currently assesses a fee of $150 per test, past the time such results can no longer per Trading Permit Holder (‘‘TPH’’) or be utilized by the Exchange for its Cboe Exchange, Inc. (the ‘‘Exchange’’ intended purpose. or ‘‘Cboe Options’’) proposes to amend associated person of a TPH 4 that is its fees schedule. The text of the tested, which is the same amount the 2. Statutory Basis Exchange is charged by the independent proposed rule change is provided in The Exchange believes the proposed health care provider conducting the Exhibit 5. rule change is consistent with the tests (i.e., the Exchange passes through The text of the proposed rule change Securities Exchange Act of 1934 (the its costs). The COVID–19 Test Fee is also available on the Exchange’s ‘‘Act’’) and the rules and regulations allows the Exchange to offset the costs website (http://www.cboe.com/ thereunder applicable to the Exchange incurred with on-site testing. AboutCBOE/CBOELegal and, in particular, the requirements of The Exchange wishes to amend the RegulatoryHome.aspx), at the Section 6(b) of the Act.6 Specifically, language in the Fees Schedule to Exchange’s Office of the Secretary, and the Exchange believes the proposed rule provide generally that the Exchange will at the Commission’s Public Reference change is consistent with the Section pass through the cost the Exchange is Room. 6(b)(5) 7 requirements that the rules of charged for each test, instead of an exchange be designed to prevent II. Self-Regulatory Organization’s specifying the exact amount (currently fraudulent and manipulative acts and Statement of the Purpose of, and $150) in the Fees Schedule. In adopting practices, to promote just and equitable Statutory Basis for, the Proposed Rule the COVID–19 Test Fee, the Exchange principles of trade, to foster cooperation Change represented that the proposed fee is a In its filing with the Commission, the and coordination with persons engaged in regulating, clearing, settling, Exchange included statements 3 On March 11, 2020, the World Health concerning the purpose of and basis for Organization characterized COVID–19 as a processing information with respect to, pandemic and to slow the spread of the disease, and facilitating transactions in the proposed rule change and discussed federal and state officials implemented social- any comments it received on the securities, to remove impediments to distancing measures, placed significant limitations and perfect the mechanism of a free and proposed rule change. The text of these on large gatherings, limited travel, and closed non- statements may be examined at the essential businesses. 4 5 See Securities Exchange Release No. 90504 places specified in Item IV below. The For example, a TPH may have personnel other than Nominees on the floor that need to access the (November 24, 2020) 85 FR 77295 (December 1, trading floor. Such persons will also be subject to 2020) (SR–CBOE–2020–111). 1 15 U.S.C. 78s(b)(1). testing requirements and will be assessed the 6 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. proposed fee. 7 15 U.S.C. 78f(b)(5).

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open market and a national market or appropriate to continue to assess the the purposes of the Act. If the system, and, in general, to protect COVID–19 Test Fee for impacted tests as Commission takes such action, the investors and the public interest. the Exchange would not be able to Commission will institute proceedings Additionally, the Exchange believes the utilize the results as intended. Lastly, to determine whether the proposed rule proposed rule change is consistent with the Exchange believes the proposed change should be approved or Section 6(b)(4) of the Act,8 which change to waive the fee when test disapproved. requires that Exchange rules provide for results are delayed is equitable and not the equitable allocation of reasonable unfairly discriminatory because the IV. Solicitation of Comments dues, fees, and other charges among its waiver will be applied to any TPH or Interested persons are invited to Trading Permit Holders and other associated person of a TPH that is submit written data, views, and persons using its facilities. impacted by such delay. arguments concerning the foregoing, The Exchange believes the proposed including whether the proposed rule B. Self-Regulatory Organization’s change to the COVID–19 Test Fee is change is consistent with the Act. Statement on Burden on Competition reasonable as the Exchange will Comments may be submitted by any of continue to pass through the costs that The Exchange does not believe that the following methods: the Exchange incurs per test. Indeed, the the proposed rule changes will impose proposed change to replace the any burden on competition that are not Electronic Comments reference to the specific amount necessary or appropriate in furtherance • Use the Commission’s internet currently being passed through with of the purposes of the Act. The comment form (http://www.sec.gov/ general language providing the COVID– Exchange notes the proposed change is rules/sro.shtml); or 19 Test Fee is a pass-through of the not intended to address any competitive • Send an email to rule-comments@ Exchange’s costs, merely provides the issue. Rather, the proposed changes sec.gov. Please include File Number SR– Exchange more flexibility to adapt to relate to a pass-through fee that allows CBOE–2021–014 on the subject line. changing rates and avoids the the Exchange to continue to recoup administrative burden of submitting an costs associated with COVID–19 testing Paper Comments additional rule filing each time the rate in order to help protect the safety and • Send paper comments in triplicate changes. As noted above, the Exchange welfare of individuals access the trading to Secretary, Securities and Exchange does not currently anticipate that the floor. The Exchange does not believe Commission, 100 F Street NE, COVD–19 Test Fee would increase that the proposed rule change will Washington, DC 20549–1090. above the current rate of $150 per test, impose any burden on intramarket All submissions should refer to File per TPH/associated person of a TPH. competition that is not necessary or Number SR–CBOE–2021–014. This file The fee the Exchange ultimately appropriate in furtherance of the number should be included on the assesses to TPHs and associated persons purposes of the Act because the subject line if email is used. To help the of a TPH will always be the same proposed changes apply equally to all Commission process and review your amount that is assessed to the Exchange similarly situated market participants. comments more efficiently, please use by the independent health care provider The Exchange does not believe that the only one method. The Commission will administering the tests. Also as noted proposed rule changes will impose any post all comments on the Commission’s above, the revenue generated from the burden on intermarket competition that internet website (http://www.sec.gov/ proposed fee will continue to not be is not necessary or appropriate in rules/sro.shtml). Copies of the more than the cost to the Exchange for furtherance of the purposes of the Act submission, all subsequent administering the tests. The Exchange because the proposed changes only amendments, all written statements further notes that to date, it has affect trading on the Exchange in with respect to the proposed rule absorbed all other costs incurred in limited circumstances. change that are filed with the connection with the safety and health Commission, and all written protocols it has taken to ensure the C. Self-Regulatory Organization’s communications relating to the safety and welfare of individuals access Statement on Comments on the proposed rule change between the the trading floor, including daily deep- Proposed Rule Change Received From Commission and any person, other than cleaning of its facilities. The Exchange Members, Participants, or Others those that may be withheld from the believes the proposed change is The Exchange neither solicited nor public in accordance with the equitable and not unfairly received comments on the proposed provisions of 5 U.S.C. 552, will be discriminatory because it applies rule change. uniformly to any TPH or associated available for website viewing and person of a TPH that is tested and III. Date of Effectiveness of the printing in the Commission’s Public accesses the trading floor. Proposed Rule Change and Timing for Reference Room, 100 F Street NE, The Exchange believes the proposal to Commission Action Washington, DC 20549 on official waive the fee in instances where the The foregoing rule change has become business days between the hours of results of a test are not received in a effective pursuant to Section 19(b)(3)(A) 10:00 a.m. and 3:00 p.m. Copies of the timely manner by the Exchange from the of the Act 9 and paragraph (f) of Rule filing also will be available for independent health care provider is 19b–4 10 thereunder. At any time within inspection and copying at the principal reasonable because TPHs and associated 60 days of the filing of the proposed rule office of the Exchange. All comments persons of TPHs will not be subject to change, the Commission summarily may received will be posted without change. a fee in such cases. The Exchange temporarily suspend such rule change if Persons submitting comments are recognizes there may be unforeseen it appears to the Commission that such cautioned that we do not redact or edit circumstances which may cause a delay action is necessary or appropriate in the personal identifying information from of test results to be received (e.g., public interest, for the protection of comment submissions. You should inclement weather). In such cases, the investors, or otherwise in furtherance of submit only information that you wish Exchange does not believe it’s equitable to make available publicly. All 9 15 U.S.C. 78s(b)(3)(A). submissions should refer to File 8 15 U.S.C. 78f(b)(4). 10 17 CFR 240.19b–4(f). Number SR–CBOE–2021–014 and

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should be submitted on or before March instruction.7 The text of the proposed instruction in that Users may only 31, 2021. rule change is provided in Exhibit 5. include a limit price on the latter. For the Commission, by the Division of The Exchange now proposes to enable II. Self-Regulatory Organization’s a User submitting a Pegged Order with Trading and Markets, pursuant to delegated Statement of the Purpose of, and 11 a Primary Peg instruction to include a authority. Statutory Basis for, the Proposed Rule J. Matthew DeLesDernier, limit price on such order. The purpose Change of the proposed change is to align the Assistant Secretary. In its filing with the Commission, the functionality with respect to a User’s [FR Doc. 2021–04913 Filed 3–9–21; 8:45 am] Exchange included statements ability to include a limit price for the BILLING CODE 8011–01–P concerning the purpose of and basis for two types of peg instructions for Pegged the proposed rule change and discussed Orders (i.e., Primary Peg and Midpoint any comments it received on the Peg), as the Exchange believes there SECURITIES AND EXCHANGE proposed rule change. The text of these should be no distinction with respect to COMMISSION statements may be examined at the this functionality for such orders. Thus, [Release No. 34–91256; File No. SR–MEMX– places specified in Item IV below. The the language of the proposed change is 2021–03] Exchange has prepared summaries, set based on and mirrors the relevant forth in sections A, B, and C below, of language applicable to Pegged Orders Self-Regulatory Organizations; MEMX the most significant aspects of such with a Midpoint Peg instruction set LLC; Notice of Filing and Immediate statements. forth in Exchange Rule 11.6(h)(2) and, Effectiveness of a Proposed Rule accordingly, provides that a User Change To Amend Exchange Rule A. Self-Regulatory Organization’s Statement of the Purpose of, and submitting a Pegged Order with a 11.6(h)(1) To Enable Users To Include Primary Peg instruction may, but is not a Limit Price on a Pegged Order With Statutory Basis for, the Proposed Rule Change required to, include a limit price on a Primary Peg Instruction such order. 1. Purpose The Exchange notes that by enabling March 4, 2021. a User to include a limit price on a Pursuant to Section 19(b)(1) of the Currently, Exchange Rule 11.6(h)(1) provides that a User submitting a Pegged Order with a Primary Peg Securities Exchange Act of 1934 (the instruction, the User is able to establish 1 2 Pegged Order with a Primary Peg ‘‘Act’’) and Rule 19b–4 thereunder, an additional risk protection in the form notice is hereby given that on February instruction may not include a limit price on such order.8 In contrast, of a specified price limitation, which 24, 2021, MEMX LLC (‘‘MEMX’’ or the the Exchange believes would help to ‘‘Exchange’’) filed with the Securities Exchange Rule 11.6(h)(2) provides that a User submitting a Pegged Order with minimize the risk of executions of such and Exchange Commission (the orders at unintended price levels, ‘‘Commission’’) the proposed rule a Midpoint Peg instruction may, but is not required to, include a limit price on thereby promoting the operation of a fair change as described in Items I and II and orderly market. Accordingly, as below, which Items have been prepared such order. The Exchange therefore currently has different functionality Users would have greater flexibility in by the Exchange. The Exchange filed the establishing a price limitation with proposal as a ‘‘non-controversial’’ with respect to a User’s ability to include a limit price on a Pegged Order respect to such orders, the Exchange proposed rule change pursuant to believes that the proposed change 3 with a Primary Peg instruction and a Section 19(b)(3)(A)(iii) of the Act and would result in Users sending 4 Pegged Order with a Midpoint Peg Rule 19b–4(f)(6) thereunder. The additional Pegged Orders with a Commission is publishing this notice to automatically re-prices in response to changes in Primary Peg instruction to the solicit comments on the proposed rule the NBBO. The two types of peg instructions for Exchange, which would deepen the change from interested persons. Pegged Orders are: (1) Primary Peg, which pegs to liquidity on the Exchange to the benefit the NBB (NBO) for buy (sell) orders; and (2) I. Self-Regulatory Organization’s Midpoint Peg, which pegs to the midpoint of the of all Users. The Exchange also notes Statement of the Terms of Substance of NBBO. that the proposed change to enable the Proposed Rule Change 7 A Primary Peg instruction is an instruction that Users to include a limit price on a may be placed on a Pegged Order that instructs the Pegged Order with a Primary Peg The Exchange is filing with the Exchange to peg the order to the NBB, for a buy instruction is consistent with the Commission a proposed rule change to order, or the NBO, for a sell order. A User may, but is not required to, select an offset equal to or greater existing functionality of other amend Exchange Rule 11.6(h)(1) to than $0.01 above or below the NBB or NBO that the 9 5 exchanges. enable Users to include a limit price order is pegged to. See Exchange Rule 11.6(h)(1). on a Pegged Order 6 with a Primary Peg 8 As initially adopted, Exchange Rule 11.6(h)(1) 2. Statutory Basis was silent as to whether a User submitting a Pegged The Exchange believes that the 11 Order with a Primary Peg instruction may include 17 CFR 200.30–3(a)(12). proposed rule change is consistent with 1 15 U.S.C. 78s(b)(1). a limit price on such order. The Exchange interpreted the Rule’s silence in this regard to mean Section 6(b)(5) of the Act,10 which 2 17 CFR 240.19b–4. that a limit price may not be included on such 3 requires, among other things, that the 15 U.S.C. 78s(b)(3)(A)(iii). orders, which was the intended functionality for 4 Exchange’s rules must be designed to 17 CFR 240.19b–4(f)(6). such orders at the time of the Exchange’s initial 5 As defined in Exchange Rule 1.5(jj), a ‘‘User’’ is launch. However, after receiving inquiries from a member of the Exchange (‘‘Member’’) or Users as to whether a limit price may be included 9 See, e.g., Cboe EDGX Exchange, Inc. (‘‘EDGX’’) sponsored participant of a Member who is on such orders, prior to commencing operations the Rule 11.8(b)(9), which provides that pegged authorized to obtain access to the System pursuant Exchange adopted a change to Exchange Rule functionality (including a primary peg instruction to Exchange Rule 11.3. As defined in Exchange Rule 11.6(h)(1) to expressly state that a User submitting similar to the Exchange’s Primary Peg instruction) 1.5(gg), the Exchange’s ‘‘System’’ is the electronic a Pegged Order with a Primary Peg instruction may is available for limit orders that are posted to the communications and trading facility designated by not include a limit price on such order. The EDGX book; The Nasdaq Stock Market LLC the Board through which securities orders of Users purpose of this change was therefore to make (‘‘Nasdaq’’) Rule 4703(d), which generally permits are consolidated for ranking, execution and, when Exchange Rule 11.6(h)(1) more clearly reflect the an order with pegging (including primary pegging applicable, routing. intended and actual functionality. See Securities similar to the Exchange’s Primary Peg instruction) 6 Pegged Orders are described in Exchange Rules Exchange Act Release No. 89581 (August 17, 2020), to specify a limit price beyond which the order may 11.6(h) and 11.8(c) and generally defined as an 85 FR 51799 (August 21, 2020) (SR–MEMX–2020– not be executed. order that is pegged to a reference price and 04). 10 15 U.S.C. 78f(b)(5).

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promote just and equitable principles of B. Self-Regulatory Organization’s become operative for 30 days after the trade and remove impediments to and Statement on Burden on Competition date of its filing. However, Rule 19b– 17 perfect the mechanism of a free and The Exchange does not believe that 4(f)(6)(iii) permits the Commission to open market and a national market the proposed rule change would result designate a shorter time if such action system, and, in general, to protect in any burden on competition that is not is consistent with the protection of investors and the public interest, and necessary or appropriate in furtherance investors and the public interest. The Section 6(b)(8) of the Act,11 which of the purposes of the Act. The Exchange has asked the Commission to requires that the Exchange’s rules not Exchange reiterates that the proposed waive the 30-day operative delay. The impose any burden on competition that rule change would make the Exchange states that waiver of the is not necessary or appropriate. functionality with respect to a User’s operative delay would allow the ability to include a limit price on Exchange to begin accepting Pegged As noted above, the proposed change Orders with a Primary Peg instruction is intended to align the functionality for Pegged Orders with a Primary Peg instruction consistent with the that include a limit price as soon as Pegged Orders with a Primary Peg 18 functionality of other exchanges.13 The practicable, thus benefitting Users and instruction with the functionality for Exchange believes that the proposed investors by sooner offering Pegged Orders with a Midpoint Peg rule change would not burden functionality that enables Users to instruction with respect to enabling a intramarket competition because the establish an additional risk protection in User to include a limit price on such ability to include a limit price on the form of a specified price limitation orders, as the Exchange believes there Pegged Orders with a Primary Peg for such orders. The Exchange believes should be no distinction with respect to instruction would be applicable to all this would help to minimize the risk of this functionality for such orders. The Users. The Exchange also believes that executions of such orders at unintended Exchange believes that the proposed the proposed rule change would not price levels, thereby promoting the change is appropriate and consistent burden, but rather increase, intermarket operation of a fair and orderly market. with the Act as the Exchange believes competition as the Exchange believes In addition, the Exchange states that the that enabling Users to establish that enabling Users to include a limit proposed rule change merely seeks to additional risk protection in the form of price on Pegged Orders with a Primary align the functionality for Pegged Orders a specified price limitation for Pegged Peg instruction would ultimately enable with a Primary Peg instruction with the Orders with a Primary Peg instruction the Exchange to better compete with functionality for Pegged Orders with a would help to minimize the risk of other exchanges that offer this same Midpoint Peg instruction with respect to executions of such orders at unintended functionality. Thus, the Exchange a User’s ability to include a limit price price levels, which the Exchange believes that the proposed rule change on such orders. The Commission believes would promote just and would facilitate fair competition among believes waiver of the operative delay equitable principles of trade, remove national securities exchanges. will provide Users with an optional additional risk protection tool, impediments to and perfect the C. Self-Regulatory Organization’s mechanism of a free and open market permitting them to set a limit price for Statement on Comments on the Pegged Orders with a Primary Peg and a national market system, and, in Proposed Rule Change Received From instruction if they choose, without general, protect investors and the public Members, Participants, or Others unnecessary delay. The Commission interest. The Exchange further believes The Exchange neither solicited nor further believes that the proposed that enabling Users to include a limit received comments on the proposed functionality is consistent with the price on a Pegged Order with a Primary rule change. functionality of other exchanges 19 and Peg instruction is appropriate and III. Date of Effectiveness of the thus does not raise any new or novel consistent with the Act as the Exchange issues. For these reasons, the believes that its Users would want to Proposed Rule Change and Timing for Commission Action Commission believes that waiver of the utilize this functionality, thereby 30-day operative delay is consistent resulting in additional liquidity in the Because the foregoing proposed rule with the protection of investors and the form of Pegged Orders with a Primary change does not: (i) Significantly affect public interest. Accordingly, the Peg instruction being sent to the the protection of investors or the public Commission waives the operative delay Exchange, which would deepen the interest; (ii) impose any significant and designates the proposed rule change liquidity on the Exchange to the benefit burden on competition; and (iii) become operative upon filing.20 of all Users. operative for 30 days from the date on At any time within 60 days of the Furthermore, the proposed change which it was filed, or such shorter time filing of the proposed rule change, the as the Commission may designate, it has would make the Exchange’s Commission summarily may become effective pursuant to Section functionality consistent with the temporarily suspend such rule change if 19(b)(3)(A) of the Act 14 and Rule 19b– functionality of certain other exchanges it appears to the Commission that such 4(f)(6) 15 thereunder. with respect to a User’s ability to action is necessary or appropriate in the A proposed rule change filed under public interest, for the protection of include a limit price on Pegged Orders Rule 19b–4(f)(6) 16 normally does not with a Primary Peg instruction,12 which investors, or otherwise in furtherance of the purposes of the Act. If the the Exchange believes would promote 13 See supra note 9. just and equitable principles of trade, 14 15 U.S.C. 78s(b)(3)(A). 17 17 CFR 240.19b–4(f)(6)(iii). remove impediments to and perfect the 15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 18 In its filing, the Exchange stated that it plans mechanism of a free and open market 4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice its intent to file to implement the proposed rule change on or about and a national market system, and, in the proposed rule change, along with a brief March 15, 2021. general, would protect investors and the description and text of the proposed rule change, 19 See, e.g., supra note 9. public interest. at least five business days prior to the date of filing 20 For purposes only of waiving the 30-day of the proposed rule change, or such shorter time operative delay, the Commission also has as designated by the Commission. The Exchange considered the proposed rule’s impact on 11 15 U.S.C. 78f(b)(8). has complied with this requirement. efficiency, competition, and capital formation. See 12 See supra note 9. 16 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78c(f).

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Commission takes such action, the should be submitted on or before March whether to approve or disapprove the Commission shall institute proceedings 31, 2021. proposed rule change. to determine whether the proposed rule For the Commission, by the Division of II. Description of the Proposed Rule change should be approved or Trading and Markets, pursuant to delegated Change disapproved. 21 authority. The proposed rule change would: (1) IV. Solicitation of Comments J. Matthew DeLesDernier, Adopt FINRA Rule 4111 (Restricted Interested persons are invited to Assistant Secretary. Firm Obligations) to require member submit written data, views, and [FR Doc. 2021–04910 Filed 3–9–21; 8:45 am] firms that are identified as ‘‘Restricted arguments concerning the foregoing, BILLING CODE 8011–01–P Firms’’ to maintain a deposit in a including whether the proposed rule segregated account with withdrawals change is consistent with the Act. requiring FINRA’s approval, adhere to Comments may be submitted by any of SECURITIES AND EXCHANGE specified conditions or restrictions, or the following methods: COMMISSION comply with a combination of such obligations; and (2) adopt FINRA Rule Electronic Comments [Release No. 34–91258; File No. SR–FINRA– 9561 (Procedures for Regulating • 2020–041] Activities Under Rule 4111), and amend Use the Commission’s internet FINRA Rule 9559 (Hearing Procedures comment form (http://www.sec.gov/ Self-Regulatory Organizations; for Expedited Proceedings Under the rules/sro.shtml); or Rule 9550 Series), to create a new • Financial Industry Regulatory Send an email to rule-comments@ Authority, Inc.; Order Instituting expedited proceeding to implement sec.gov. Please include File Number SR– Proceedings To Determine Whether To proposed Rule 4111.6 MEMX–2021–03 on the subject line. Approve or Disapprove the Proposed Proposed Rule 4111 (Restricted Firm Paper Comments Rule Change To Adopt FINRA Rule Obligations) 4111 (Restricted Firm Obligations) and • Send paper comments in triplicate FINRA Rule 9561 (Procedures for Proposed Rule 4111 would establish to Secretary, Securities and Exchange Regulating Activities Under Rule 4111) numeric thresholds based on firm-level Commission, 100 F Street NE, and individual-level disclosure events Washington, DC 20549–1090. March 4, 2021. to identify member firms with a significantly higher level of risk-related All submissions should refer to File I. Introduction disclosures as compared to similarly- Number SR–MEMX–2021–03. This file 7 On November 16, 2020, the Financial sized peers. Following a multi-step number should be included on the process of evaluating a member firm, Industry Regulatory Authority, Inc. subject line if email is used. To help the FINRA’s Department of Member (‘‘FINRA’’) filed with the Securities and Commission process and review your Regulation (‘‘Department’’) would be Exchange Commission (‘‘Commission’’) comments more efficiently, please use permitted to impose on member firms it the proposed rule change SR–FINRA– only one method. The Commission will determines pose a high risk to the 2020–041 pursuant to Section 19(b)(1) post all comments on the Commission’s investing public a ‘‘Restricted Deposit of the Securities Exchange Act of 1934 internet website (http://www.sec.gov/ Requirement,’’ 8 conditions or (‘‘Exchange Act’’) 1 and Rule 19b–4 2 rules/sro.shtml). Copies of the restrictions on the member firm’s thereunder to address the risks that can submission, all subsequent operations that are necessary or be posed to investors and the broader amendments, all written statements appropriate to protect investors and the with respect to the proposed rule market by broker-dealers that have a public interest, or both.9 change that are filed with the history of misconduct. The proposed FINRA would conduct the process Commission, and all written rule change was published for public annually for each member firm, communications relating to the comment in the Federal Register on determining whether it should be 3 proposed rule change between the December 4, 2020. On January 12, designated (or re-designated) as a Commission and any person, other than 2021, FINRA consented to extend, until Restricted Firm and whether it should those that may be withheld from the March 4, 2021, the time period in which be subject to any obligations.10 Each public in accordance with the the Commission must approve the member firm that is preliminarily provisions of 5 U.S.C. 552, will be proposed rule change, disapprove the identified based on its firm-level and available for website viewing and proposed rule change, or institute individual-level disclosure events printing in the Commission’s Public proceedings to determine whether to would have several ways to affect Reference Room, 100 F Street NE, approve or disapprove the proposed outcomes during subsequent steps in Washington, DC 20549 on official rule change.4 The Commission is the evaluative process, including a one- business days between the hours of publishing this order pursuant to time opportunity to terminate registered 10:00 a.m. and 3:00 p.m. Copies of such Section 19(b)(2)(B) of the Exchange Act 5 representatives with relevant disclosure filing also will be available for to institute proceedings to determine events so as to no longer trigger the inspection and copying at the principal numeric thresholds.11 The member firm office of the Exchange. All comments 21 17 CFR 200.30–3(a)(12). would also be able to explain to the received will be posted without change. 1 15 U.S.C. 78s(b)(1). Department why it should not be subject Persons submitting comments are 2 17 CFR 240.19b–4. to a Restricted Deposit Requirement or 3 Exchange Act Release No. 90527 (Nov. 27, cautioned that we do not redact or edit 2020), 85 FR 78540 (Dec. 4, 2020) (File No. SR– 6 personal identifying information from FINRA–2020–041) (‘‘Notice’’). See Notice at 78541–78550. 7 comment submissions. You should 4 See letter from Michael Garawski, Associate See Notice at 78541. submit only information that you wish General Counsel, OGC Regulatory Practice and 8 See proposed Rule 4111(i)(15) (defining ‘‘Restricted Deposit Requirement’’). to make available publicly. All Policy, FINRA, to Daniel Fisher, Branch Chief, Division of Trading and Markets, Commission, 9 See Notice at 78542. submissions should refer to File dated January 12, 2021. 10 Id. Number SR–MEMX–2021–03, and 5 15 U.S.C. 78s(b)(2)(B). 11 Id.

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propose alternatives that would still Annual Calculation by FINRA of the warrants further review under Rule accomplish FINRA’s goal of protecting Preliminary Criteria for Identification 4111.24 This would include investors, and could request a hearing (Proposed Rule 4111(b)) consideration of: Whether non-high-risk before a FINRA Hearing Officer in an The Department would begin a disclosure events or other conditions expedited proceeding to challenge a member firm’s Rule 4111 review process should not have been included within 12 Department determination. by calculating specified ‘‘Preliminary the initial calculation of the firm’s Preliminary Identification Metric General (Proposed Rule 4111(a)) Identification Metrics’’ for that firm across six categories of events or computations (e.g., because, for Under the proposal, any member firm conditions, collectively defined as the example, they were not sales-practice that is designated by the Department as ‘‘Disclosure Event and Expelled Firm related, or include duplicative events a Restricted Firm would be required to Association Categories.’’ 17 These six involving the same customer and the establish a Restricted Deposit categories include risk events, covering same matter, or events involving Account 13 and maintain within that adjudicated and pending actions against compliance concerns best addressed by account deposits of cash or qualified firms and their registered a different regulatory response by securities with an aggregate value that is 25 representatives, along with metrics FINRA); whether the disclosure not less than the member firm’s addressing registered representatives’ events pose risks to investors or market Restricted Deposit Requirement, except termination and internal review history, integrity, as opposed to violations of in certain identified situations.14 26 and their association with former procedural rules; and whether the Restricted Firms could also be subject to member firms that were previously member firm has already addressed the conditions or restrictions on their expelled by FINRA.18 FINRA would use concerns signaled by the disclosure operations,15 as determined by the a formula to identify whether the firm events or conditions, or has altered its Department to be necessary or has exceeded certain established business operations such that the appropriate to protect investors and the thresholds,19 set based on the firm’s threshold calculation no longer reflects public interest.16 27 size,20 across the six categories, starting the firm’s current risk profile. The by determining the sum of the pertinent Department would then either 12 Id. disclosure events or, for the Expelled determine that further review is 13 See proposed Rule 4111(i)(14)(defining necessary and continue the Rule 4111 ‘‘Restricted Deposit Account’’). Proposed Rule Firm Association category, the sum of 4111(i)(14) would require that any Restricted the Registered Persons Associated with process, or, if the Department concluded Deposit Account that is established must be in the Previously Expelled Firms as of the that no further review is warranted, name of the member firm, at a bank or the member 21 close out that member firm’s Rule 4111 firm’s clearing firm. The account must be subject to calculation date. Based on this calculation, the Department would process for the year without imposing an agreement in which the bank or the clearing firm 28 agrees: Not to permit withdrawals from the account determine whether the particular any restrictions or obligations. absent FINRA’s prior written consent; to keep the member firm meets the ‘‘Preliminary FINRA originally stated that it would account separate from any other accounts Criteria for Identification.’’ 22 FINRA has conduct this annual evaluation on the maintained by the member firm with the bank or same month and day each year where clearing firm; that the cash or qualified securities indicated that it developed the criteria on deposit will not be used directly or indirectly and thresholds for identification with that date was a business day, and that as security for a loan to the member firm by the the intent to be replicable and if that date were a weekend date or bank or the clearing firm, and will not be subject transparent to both FINRA and affected federal holiday, the evaluation would to any set-off, right, charge, security interest, lien, shift to the next business day.29 FINRA or claim of any kind in favor of the bank, clearing member firms; employ the most firm or any person claiming through the bank or complete and accurate data available to has since stated that it would announce clearing firm; that if the member firm becomes a FINRA; be objective; account for the date of the first annual evaluation former member, the Restricted Deposit Requirement different firm sizes and business (‘‘Evaluation Date’’) no less than 120 in the account must be maintained, and calendar days prior to the first withdrawals will not be permitted without FINRA’s profiles; and target sales practice 30 prior written consent; that FINRA is a third-party concerns.23 Evaluation Date. Subsequent beneficiary to the agreement; and that the Evaluation Dates would be on the same agreement may not be amended without FINRA’s Initial Department Evaluation (Proposed month and day each year, whether that prior written consent. In addition, the account Rule 4111(c)(1)) date certain falls on a business day, a could not be subject to any right, charge, security 31 interest, lien, or claim of any kind granted by the The Department would then evaluate weekend day, or a holiday. member. whether a member firm that has met the One-Time Opportunity To Reduce In the event of a liquidation of a Restricted Firm, Preliminary Criteria for Identification funds or securities on deposit in the Restricted Staffing Levels (Proposed Rule Deposit Account would be additional financial 4111(c)(2)) 4111 would alter a member firm’s obligations under resources available for the Restricted Firm’s trustee If the Department determines that a to distribute to those with claims against the Rule 1017 (Application for Approval of Change in Restricted Firm. Ownership, Control, or Business Operations), and member firm warrants further review the need to submit continuing membership 14 See Notice at 78542. FINRA is also proposing under Rule 4111, and such member firm applications as necessary. See Notice at 78458. to include Supplementary Material .01 to proposed 17 is meeting the Preliminary Criteria for Rule 4111 to clarify that due to withdrawal See proposed Rule 4111(i)(4) (defining restrictions from a Restricted Deposit Account, ‘‘Disclosure Event and Expelled Firm Association 24 See Notice at 78544. deposits in such an account cannot be readily Categories’’). 18 25 Id. converted to cash and therefore shall be deducted See Notice at 78542. 26 from the member’s net capital under Exchange Act 19 See proposed Rule 4111(i)(11) (defining See Notice at 78544–45. Rule 15c3–1 and FINRA Rule 4110. See Notice at ‘‘Preliminary Identification Metrics Thresholds’’). 27 See Notice at 78545. 78548. 20 Specifically, member firms would be divided 28 Id. 15 FINRA has also proposed adopting into seven firm size categories based on size, 29 See Notice at 78544. Supplementary Material .03 to proposed Rule 4111 ranging from firms with 1–4 ‘‘Registered Persons In- 30 Id. to provide member firms with a non-exhaustive list Scope,’’ defined in proposed Rule 4111(i)(13), to 31 See letter from Michael Garawski, Associate of examples of conditions and restrictions that the 500 or more Registered Persons In-Scope. See General Counsel, Office of General Counsel, FINRA, Department could impose on Restricted Firms. See Notice at 78544. to Vanessa Countryman, Secretary, Commission, Notice at 78458. 21 See Notice at 78543. dated March 4, 2021 (‘‘FINRA March 4 Letter’’). The 16 See Notice at 78452. FINRA has also proposed 22 See proposed Rule 4111(i)(9) (defining FINRA March 4 Letter is available at the adding Supplementary Material .02 to proposed ‘‘Preliminary Criteria for Identification’’). Commission’s website at https://www.sec.gov/ Rule 4111 to clarify that nothing in proposed Rule 23 See Notice at 78542. comments/sr-finra-2020-041/srfinra2020041.htm.

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Identification for the first time, the Consultation (Proposed Rule 4111(d)) Deposit Requirement, the Department member firm would have a one-time During the Consultation, the would designate the member firm as a opportunity to reduce its staffing levels Department would give the member Restricted Firm, but would either to no longer meet these criteria, within firm an opportunity to demonstrate why impose no Restricted Deposit 30 business days after being informed it does not meet the Preliminary Criteria Requirement on the member firm, or by the Department.32 The member firm for Identification, why it should not be require it to promptly establish a would need to identify the terminated designated as a Restricted Firm, and Restricted Deposit Account, and deposit individuals to the Department, and why it should not be subject to the and maintain in that account a lower would be prohibited from rehiring any maximum Restricted Deposit Restricted Deposit Requirement in such of those terminated persons, in any Requirement.37 dollar amount as the Department deems capacity, for one year.33 A member firm may overcome the necessary or appropriate; and would presumption that it should be require the member firm to implement Determination of a Maximum Restricted designated as a Restricted Firm by and maintain specified conditions or Deposit Requirement (Proposed Rule clearly demonstrating that the restrictions on the operations and 4111(i)(15)) Department’s calculation is inaccurate activities of the member firm and its because, among other things, it associated persons, as necessary or For firms still meeting the Preliminary considered events that should not have appropriate, to address the concerns Criteria for Identification, the been included.38 A member firm also identified by the Department, and Department would then determine the may overcome the presumption that it protect investors and the public interest; firm’s maximum Restricted Deposit should be subject to the maximum or (3) if the Department determines that Requirement,34 and the member firm Restricted Deposit Requirement by the member firm has rebutted neither would proceed to a ‘‘Consultation’’ with clearly demonstrating that such an presumption, the Department would the Department.35 FINRA states that the amount would cause significant undue designate the member firm as a Department would seek to tailor a firm’s financial hardship, and that a lesser Restricted Firm, require it to promptly maximum Restricted Deposit deposit requirement would satisfy the establish a Restricted Deposit Account, Requirement amount to its size, objectives of Rule 4111 to impose deposit and maintain in that account the operations and financial conditions, and obligations on those firms identified as maximum Restricted Deposit determine the member firm’s maximum presenting a higher risk to investors; or Requirement, and implement and Restricted Deposit Requirement that other operational conditions and maintain specified conditions or consistent with the objectives of the restrictions on the member and its restrictions on the firm’s operations and rule, while not significantly associated persons would sufficiently activities, and those of its associated undermining the firm’s continued protect investors and the public persons, as necessary or appropriate to interest.39 To the extent a member firm financial stability and operational address the concerns identified by the seeks to claim undue financial hardship, Department and protect investors and capability as an ongoing enterprise over it would bear the burden of supporting the public interest.41 The Department the next 12 months.36 that claim with documents and would provide the member firm with information.40 written notice of its decision no later 32 See Notice at 78544. than 30 days from its latest scheduling 33 Department Decision and Notice Id. If the member firm reduces its staffing letter provided to the member firm, levels, and the Department then determines that the (Proposed Rule 4111(e)); No Stays member firm no longer meets the Preliminary stating any obligations to be imposed, Criteria for Identification, the Department would After the Consultation, the and the ability of it to request a hearing close out the firm’s Rule 4111 process for the year Department would be required to render with the Office of Hearing Officers in an without seeking to impose any restrictions or a decision, pursuant to one of three expedited proceeding.42 obligations on that firm. However, if the paths: (1) If the Department determines Department determines that the member firm still Continuation or Termination of meets the Preliminary Criteria for Identification (or that the member firm has rebutted the if the member firm did not opt to reduce staffing presumption that it should be Restricted Firm Obligations (Proposed levels) the Department would determine the firm’s designated a Restricted Firm, the Rule 4111(f)) maximum Restricted Deposit Requirement, and the Department would not designate the During the Department’s annual Rule member firm would proceed to a ‘‘Consultation’’ firm as a Restricted Firm that year; (2) with the Department. 4111 review, a Restricted Firm could 34 The term ‘‘maximum’’ is used to indicate that if the Department determines that the seek to terminate or modify any a firm’s maximum Restricted Deposit Requirement member firm has not rebutted the obligations that continue to be will be the figure FINRA declares to the firm is the presumption that it should be imposed.43 Restricted Firms would only highest deposit requirement it may be subject to designated as a Restricted Firm, but has be permitted to seek this result during during that year’s Rule 4111 process. As discussed rebutted the presumption that it must below, firms could then seek to demonstrate to their annual Consultation, and any FINRA why a lower deposit requirement would be maintain the maximum Restricted ensuing expedited proceedings after a more appropriate, during the Consultation. See Department decision; no interim 37 FINRA March 4 Letter supra n.31. See Notice at 78545. termination or modification of any 35 See Notice at 78545. 38 Id. These would include, for example, events 36 Id. The proposed factors that the Department that are duplicative, involving the same customer would consider when determining a maximum and the same matter, or are not sales-practice 41 See Notice at 78546. Restricted Deposit Requirement include revenues, related. 42 Id. As noted below, any request for a hearing net capital, assets, expenses, and liabilities, the 39 Id. Proposed Rule 4111(d)(3) provides guidance would not stay the effectiveness of the Department’s firm’s operations and activities, number of to member firms on what information the decision, but would temporarily lower the registered persons, the nature of the disclosure Department would consider during the necessary Required Deposit Requirement for that events included in the numeric thresholds, Consultation, and guidance on how to attempt to member firm until the Office of Hearing Officers, or insurance coverage for customer arbitration awards overcome the two rebuttable presumptions (that the the National Adjudicatory Council (‘‘NAC’’) issues or settlements concerns raised during FINRA member firm should be designated as a Restricted a final written decision, unless that firm was exams, and the amount of any of the firm’s or its Firm, and that it should be subject to the maximum already operating as a Restricted Firm based on a associated persons’ ‘‘Covered Pending Arbitration Restricted Deposit Requirement). See Notice at prior year’s Department decision. Claims’’ or unpaid arbitration awards. See proposed 78546. 43 See Notice at 78547. See also proposed Rule FINRA Rule 4111(i)(15)(A). 40 See Notice at 78545. 4111(f)(1).

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obligations would be permitted.44 A approve an application by a former Rule 4111 process that provides the Restricted Firm would not be permitted member for withdrawal if the former specific grounds and factual basis for to withdraw any portion of its Restricted member commits in the manner the Department’s action; states when the Deposit Requirement, or to seek to specified by the Department to use the action will take effect; informs the terminate or modify any other amount it seeks to withdraw from its member firm that it may request a conditions or obligations that have been Restricted Deposit to pay the former hearing in an expedited proceeding imposed, without the prior written member’s specified unpaid arbitration within seven days after service of the consent of the Department.45 awards.51 notice; and explains the Hearing Where the Department determines in Officer’s authority.57 The proposed rule one year that a member firm is a Books and Records (Proposed Rule would also provide that, if a member Restricted Firm, but in the following 4111(g)) firm does not request a hearing, the year(s) determines that the member firm Member firms would also be obligated decision will constitute final FINRA or former member firm 46 either does not to maintain books and records that action.58 meet the Preliminary Criteria for evidence its compliance with Rule 4111 Any of the Rule 4111 Requirements Identification or should not be and any Restricted Deposit Requirement imposed in the Department’s decision designated as a Restricted Firm, the or other conditions or restrictions would be immediately effective.59 In member firm or former member firm imposed under that rule, that the general, a request for a hearing would would no longer be subject to any member firm would need to provide to not stay those requirements.60 There obligations previously imposed under the Department upon request.52 would be one exception: When a proposed Rule 4111.47 There would be member firm requests review of a one exception: A former Restricted Firm Planned Review of Proposed Rule 4111 Department determination to impose a would not be permitted to withdraw any FINRA has indicated it intends to Restricted Deposit Requirement on the portion of its Restricted Deposit conduct a review of proposed Rule 4111 member, the firm would be required to Requirement without submitting an after gaining sufficient experience under deposit the lesser of 25% of its application in the manner specified Rule 4111 following its effective date.53 Restricted Deposit Requirement or 25% under Rule 4111(f)(3)(A), and obtaining FINRA has indicated that it expects to of its average excess net capital over the the Department’s prior written consent review, among other items, whether the prior year, while the expedited for the withdrawal.48 Preliminary Identification Metrics proceeding was pending.61 This In this situation, the Department Thresholds remain targeted and exception would not be available for a would be subject to a presumption that effective at identifying member firms member firm that has been re- it shall approve an application for that pose higher risks.54 designated as a Restricted Firm, and is withdrawal if the member firm, its already subject to a previously imposed associated persons, or the former Proposed Rule 9561 (Procedures for Restricted Deposit Requirement, which member firm have no Covered Pending Regulating Activities Under Rule 4111) it will need to maintain in full until the Arbitration Claims 49 or unpaid and Amendments to Rule 9559 To Office of Hearing Officers or NAC issues arbitration awards.50 The rule would Implement the Requirements of a written decision.62 also establish presumptions that the Proposed Rule 4111 Notice for Failure To Comply With the Department shall: (a) Deny an FINRA is proposing Rule 9561 to Proposed Rule 4111 Requirements application for withdrawal if the establish new expedited proceedings (Proposed Rule 9561(b)) member firm, the member firm’s that would: (a) Provide member firms an associated persons who are owners or opportunity to challenge any After receiving authorization from control persons, or the former member requirements the Department has FINRA’s chief executive officer have any Covered Pending Arbitration imposed, including any Restricted (‘‘CEO’’), or such other executive officer Claims or unpaid arbitration awards, or Deposit Requirements, by requesting a as the CEO may designate, the if the member’s associated persons have prompt review of the Department’s Department would be authorized to any Covered Pending Arbitration Claims decision in the Rule 4111 process; 55 serve a notice stating that the member or unpaid arbitration awards relating to and (b) address a member firm’s failure firm’s failure to comply with the Rule arbitrations that involved conduct or to comply with any requirements 4111 Requirements, within seven days alleged conduct that occurred while imposed under Rule 4111.56 of service of the notice, will result in a associated with the member; but (b) suspension or cancellation of Notices Under Proposed Rule 4111 membership.63 Proposed Rule 9561(b) 44 See Notice at 78547. (Proposed Rule 9561(a)) 45 Id. There would be a presumption that the Under proposed Rule 9561(a)(1), the 57 Id. Department shall deny an application by a member Department would be obligated to serve 58 See Notice at 78548–49. firm or former member firm that is currently 59 a notice of its decision following the See Notice at 78549. designated as a Restricted Firm to withdraw all or 60 Id. any portion of its Restricted Deposit Requirement. 61 Id. 46 51 Id. Proposed Rule 4111(f)(3) provides that the See Notice at 78547. See also proposed Rule 62 See Notice at 78546. Thereafter, if a member Covered Pending Arbitration Claims and unpaid 4111(i)(7) (defining ‘‘Former Member’’). firm is not in compliance with its Restricted 47 arbitration awards of a member firm’s associated See Notice at 78547. Deposit Requirement or with any conditions or persons are pertinent to an application for a 48 Id. The Department would be required to issue restrictions imposed under proposed Rule 4111, withdrawal from the Restricted Deposit a notice of its decision within 30 days from the date FINRA would be authorized to issue a notice Requirement. it receives the relevant application. pursuant to proposed Rule 9561 directing a member 52 49 See proposed Rule 4111(i)(2) (defining Covered See Notice at 78548. firm to suspend all or a portion of its business. See Pending Arbitration Claim as an investment-related, 53 Id. Notice at 78548. consumer initiated claim filed against the member 54 Id. 63 See Notice at 78549. The notice must identify or its associated persons in any arbitration forum 55 Id. Proposed Rule 9561(a)(1) would define the the requirements with which the member firm is that is unresolved; and whose claim amount ‘‘Rule 4111 Requirements’’ to mean the alleged to have not complied; specify the facts (individually or, if there is more than one claim, in requirements, conditions, or restrictions imposed involved in the alleged failure; state when the the aggregate) exceeds the member firm’s excess net by a Department determination under proposed action will take effect; explain what the member capital). Rule 4111. See Notice at 78548. firm must do to avoid the suspension or 50 See Notice at 78547. 56 See Notice at 78549. Continued

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would establish an expedited Regulatory Notice announcing proposed rule change. In particular, the proceeding to review the Department’s Commission approval.68 Commission invites the written views of interested persons concerning whether decision to issue a suspension or III. Proceedings To Determine Whether the proposed rule change is consistent cancellation notice to a member firm for To Approve or Disapprove File No. SR– with the Exchange Act and the rules its failure to comply with requirements FINRA–2020–041 and Grounds for thereunder. of Rule 4111. If a member firm does not Disapproval Under Consideration request a hearing, the suspension or Although there do not appear to be cancellation will become effective seven The Commission is instituting any issues relevant to approval or days after service of the notice.64 proceedings to further consider the disapproval that would be facilitated by proposed rule change and the issues an oral presentation of views, data, and Hearings (Proposed Amendments to the raised by commenters. arguments, the Commission will Hearing Procedures Rule) Specifically, the Commission is consider, pursuant to Rule 19b–4, any providing notice of the following request for an opportunity to make an If a member firm requests a hearing grounds for possible disapproval under oral presentation.74 under proposed Rule 9561, the hearing consideration: Interested persons are invited to • would be subject to Rule 9559 (Hearing Whether FINRA has demonstrated submit written data, views, and Procedures for Expedited Proceedings how its proposed rule change is arguments regarding whether the Under the Rule 9550 Series). FINRA is consistent with Section 15A(b)(6) of the proposed rule change should be proposing several amendments to Rule Exchange Act, which requires, among approved or disapproved by March 24, 9559 that would be specific to hearings other things, that FINRA rules must be 2021. Any person who wishes to file a requested pursuant to proposed Rule designed to prevent fraudulent and rebuttal to any other person’s 65 9561. manipulative acts and practices, to submission must file that rebuttal by promote just and equitable principles of Effective Date March 31, 2021. Comments may be trade, and, in general, to protect submitted by any of the following 69 If the proposed rule is approved by investors and the public interest. methods: the Commission, FINRA has indicated it Under the Commission’s Rules of Electronic Comments will announce an effective date for the Practice, the ‘‘burden to demonstrate that a proposed rule change is proposed rule in a Regulatory Notice to • Use the Commission’s internet consistent with the [Exchange Act] and be published no later than 60 days comment form (http://www.sec.gov/ the rules and regulations issued following the Commission approval.66 rules/sro.shtml); or thereunder . . . is on the [SRO] that • FINRA originally stated that the Send an email to rule-comments@ proposed the rule change.’’ 70 The effective date would be no later than 60 sec.gov. Please include File No. SR– description of a proposed rule change, FINRA–2020–041 on the subject line. days following publication of the its purpose and operation, its effect, and Regulatory Notice announcing Paper Comments 67 a legal analysis of its consistency with Commission approval. However, applicable requirements must all be • Send paper comments in triplicate FINRA has since extended the timeline sufficiently detailed and specific to to Secretary, Securities and Exchange of the effective date to 180 days after the support an affirmative Commission Commission, 100 F Street NE, finding,71 and any failure of an SRO to Washington, DC 20549–1090. cancellation; inform the member firm that it may provide this information may result in file a request for a hearing in an expedited All submissions should refer to File No. proceeding within seven days after service of the the Commission not having a sufficient SR–FINRA–2020–041. This file number notice under Rule 9559; and explain the Hearing basis to make an affirmative finding that should be included on the subject line Officer’s authority. a proposed rule change is consistent if email is used. To help the 64 Id. After a suspension has been imposed, a with the Exchange Act and the Commission process and review your member firm could file a request under Rule applicable rules and regulations.72 9561(b) to terminate the suspension on the ground comments more efficiently, please use of full compliance with the notice or decision, and For the reasons discussed above, the only one method. The Commission will the head of the Department would be permitted to Commission believes it is appropriate to post all comments on the Commission’s grant relief for good cause shown. institute proceedings pursuant to internet website (http://www.sec.gov/ 65 Id. Specifically, FINRA has proposed to (a) Section 19(b)(2)(B) of the Exchange Act rules/sro.shtml). Copies of the amend Rule 9559(d) and (n) to establish the to allow for additional consideration of authority of a Hearing Officer in expedited submission, all subsequent proceedings under Rule 9561; (b) amend Rule the issues raised by the proposed rule amendments, all written statements 9559(f) to set out timing requirements for hearings change as it determines whether the with respect to the proposed rule conducted under Rules 9561(a) and (b); and (c) proposed rule change should be change, that are filed with the amend Rule 9559(p)(6) to account for the approved or disapproved.73 obligations that may be imposed under proposed Commission, and all written Rule 4111 within the content requirements of any IV. Request for Written Comments communications relating to the decision issued by a Hearing Officer under the Rule proposed rule change between the 9550 Series. See proposed amended Rules 9559(d), The Commission requests that Commission and any person, other than (f), (n), and (p)(6). Additionally, FINRA has noted interested persons provide written those that may be withheld from the that in expedited proceedings conducted under submissions of their views, data, and proposed Rule 9561(a) to review a Department arguments with respect to the issues determination under the Restricted Firm 74 Section 19(b)(2) of the Exchange Act, as Obligations Rule, a member firm would be identified above, as well as any other amended by the Securities Acts Amendments of permitted to try to demonstrate that the Department concerns they may have with the 1975, Public Law 94–29, 89 Stat. 97 (1975), grants incorrectly included disclosure events when the Commission flexibility to determine what type calculating whether the member firm meets the 68 See FINRA March 4 Letter supra n.31. of proceeding—either oral or notice and Preliminary Criteria for Identification. However, the opportunity for written comments—is appropriate 69 15 U.S.C. 78o–3(b)(6). member firm attempting to do so would not be for consideration of a particular proposal by a self- 70 permitted to collaterally attack the underlying Rule 700(b)(3), Commission Rules of Practice, regulatory organization. See Securities Acts merits of the final actions underlying the disclosure 17 CFR 201.700(b)(3). Amendments of 1975, Report of the Senate events. See Notice at 78550. 71 See id. Committee on Banking, Housing and Urban Affairs 66 See Notice at 78550. 72 See id. to Accompany S. 249, S. Rep. No. 75, 94th Cong., 67 Id. 73 15 U.S.C. 78s(b)(2)(B). 1st Sess. 30 (1975).

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public in accordance with the standards for shipborne satellite Review Board (ARB) to review the provisions of 5 U.S.C. 552, will be navigation system receiver equipment October 2020 murder of an APHIS LE available for website viewing and —Safety measures for non-SOLAS ships Staff member in Tijuana, Mexico. The printing in the Commission’s Public operating in polar waters ARB will examine the facts and Reference Room, 100 F Street NE, —Revision of SOLAS chapters III and IV circumstances surrounding the incident Washington, DC 20549, on official for Modernization of the GMDSS, and submit its findings to the Secretary business days between the hours of including related and consequential of State, together with any 10:00 a.m. and 3:00 p.m. Copies of such amendments to other existing recommendations as appropriate. The filing also will be available for instruments Department has appointed George inspection and copying at the principal —Response to matters related to the Staples, a retired U.S. ambassador, as office of FINRA. ITU–R Study Groups and ITU World Chair of the Board. The other Board All comments received will be posted Radiocommunication Conference members are retired U.S. Ambassador without change. Persons submitting —Revision of the Guidelines on places Janice Jacobs, Mr. Dirk Dijkerman, Mr. comments are cautioned that we do not of refuge for ships in need of John Eustace, and Mr. Kimber Davidson. redact or edit personal identifying assistance (resolution A.949(23)) They bring to their deliberations information from comment submissions. —Developments in GMDSS services, distinguished backgrounds in You should submit only information including guidelines on Maritime government service. that you wish to make available safety information (MSI) The Board will submit its findings publicly. —Development of global maritime SAR and recommendations to the Secretary All submissions should refer to File services, including harmonization of of State. The Department will report to No. SR–FINRA–2020–041 and should be maritime and aeronautical procedures Congress on any recommendations submitted on or before March 24, 2021. —Biennial status report and provisional made by the Board and actions taken If comments are received, any rebuttal agenda for NCSR 9 with respect to those recommendations. comments should be submitted on or —Election of Chair and Vice-Chair for Anyone with information relevant to before March 31, 2021. 2022 the Board’s examination of these —Any other business For the Commission, by the Division of incidents should contact the Board via Trading and Markets, pursuant to delegated Please note: The Sub-Committee may email promptly at ARBTijuana2021@ authority.75 on short notice, adjust the NCSR 8 state.gov. agenda to accommodate the constraints J. Matthew DeLesDernier, Zachary A. Parker, Assistant Secretary. associated with the virtual meeting format. Any updates will be provided at Director, Office of Directives Management. [FR Doc. 2021–04912 Filed 3–9–21; 8:45 am] the public meeting and in advance, if [FR Doc. 2021–05004 Filed 3–9–21; 8:45 am] BILLING CODE 8011–01–P possible, to anyone who RSVPs. BILLING CODE 4710–10–P Those who plan to participate may contact the meeting coordinator, George DEPARTMENT OF STATE Detweiler, by email at OFFICE OF THE UNITED STATES [Public Notice: 11373] [email protected], by phone TRADE REPRESENTATIVE at (202) 372–1566, or in writing at 2703 Notice of Public Meeting Martin Luther King Jr. Ave. SE, Stop Notice of Product Exclusion 7418, Washington, DC 20593–7418. A Extensions: China’s Acts, Policies, and The Department of State will conduct request for reasonable accommodation Practices Related to Technology a public meeting at 9:30 a.m. on should be made at the time of RSVP, Transfer, Intellectual Property, and Tuesday, April 6, 2021, by way of and not later than April 30. Requests Innovation teleconference. Members of the public received after that date will be may participate up to the capacity of the AGENCY: Office of the United States considered, but might not be possible to teleconference phone line, which will Trade Representative (USTR). fulfill. handle 500 participants. To access the ACTION: Notice. teleconference line, participants should Jeremy M. Greenwood, call (804) 469–0625 and use participant Coast Guard Liaison Officer, Office of Ocean SUMMARY: In prior notices, the U.S. Code 974556036#. and Polar Affairs, Department of State. Trade Representative modified the The primary purpose of the meeting is [FR Doc. 2021–04982 Filed 3–9–21; 8:45 am] action in the Section 301 investigation to prepare for the 8th session of the BILLING CODE 4710–09–P of China’s acts, policies, and practices International Maritime Organization’s related to technology transfer, (IMO) Sub-Committee on Navigation, intellectual property, and innovation by Communication, and Search and Rescue DEPARTMENT OF STATE excluding from additional duties certain to be held remotely, April 19–23, 2021. medical-care products needed to [Public Notice: 11372] The agenda items to be considered address the COVID–19 pandemic. To include: Convening of an Accountability support efforts to combat COVID–19, on —Adoption of the agenda Review Board To Investigate the December 29, 2020, the U.S. Trade —Decisions of other IMO bodies Murder of an Animal and Plant Health Representative announced the extension —Routing measures and mandatory ship Inspection Service (APHIS) Locally of certain product exclusions on reporting systems Employed (LE) Staff Member in medical-care and/or COVID response —Recognition of the Japanese regional Tijuana, Mexico products and further modifications to navigation satellite system Quasi- remove Section 301 duties from Zenith Satellite System (QZSS) and Pursuant to Section 301 of the additional medical-care and/or COVID development of performance Omnibus Diplomatic Security and response products. This notice Antiterrorism Act of 1986, as amended announces the U.S. Trade 75 17 CFR 200.30–3(a)(12); 17 CFR 200.30– (22 U.S.C. 4831), the Department of Representative’s determination to 3(a)(57). State convened an Accountability extend those exclusions.

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DATES: The extensions announced in for certain products to lapse. DATES: Each group of renewed this notice will extend the product Accordingly, pursuant to sections exemptions were applicable on the exclusions through September 30, 2021. 301(b), 301(c), and 307(a) of the Trade dates stated in the discussions below U.S. Customs and Border Protection will Act of 1974, as amended, the U.S. Trade and will expire on the dates provided issue instructions on entry guidance and Representative has determined to below. implementation. extend the 99 product exclusions FOR FURTHER INFORMATION CONTACT: Ms. included in the December 29 notice FOR FURTHER INFORMATION CONTACT: For Christine A. Hydock, Chief, Medical through September 30, 2021, as general questions about this notice, Programs Division, (202) 366–4001, specified in the Annex to this notice. contact Associate General Counsel [email protected], FMCSA, The U.S. Trade Representative’s Philip Butler, Assistant General Department of Transportation, 1200 decision to extend the 99 product Counsels Benjamin Allen or Susie Park New Jersey Avenue SE, Room W64–224, exclusions takes into account public Hodge, or Director of Industrial Goods Washington, DC 20590–0001. Office comments previously provided, and the Justin Hoffmann at (202) 395–5725. For hours are from 8:30 a.m. to 5 p.m., ET, advice of advisory committees the specific questions on customs Monday through Friday, except Federal interagency Section 301 Committee. classification or implementation of the holidays. If you have questions product exclusions identified in the As provided in the December 29 notice, the exclusions are available for regarding viewing or submitting Annexes to this notice, contact material to the docket, contact Dockets [email protected]. any product that meets the description in the product exclusion. The U.S. Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: Trade Representative may continue to SUPPLEMENTARY INFORMATION: A. Background consider further extensions and/or I. Public Participation In the course of this investigation the additional modifications as appropriate. A. Viewing Comments U.S. Trade Representative has imposed Annex additional duties on products of China To view comments go to https:// Effective with respect to goods entered for in four tranches. See 83 FR 28719 (June consumption, or withdrawn from warehouse www.regulations.gov. Insert the docket 20, 2018); 83 FR 40823 (August 16, for consumption, on or after 12:01 a.m. number, FMCSA–2012–0154, FMCSA– 2018); 83 FR 47974 (September 21, eastern daylight time on April 1, 2021, and 2014–0106, FMCSA–2014–0384, 2018), as modified by 83 FR 49153 before 11:59 p.m. eastern daylight time on FMCSA–2015–032, FMCSA–2017–0057, (September 28, 2018); and 84 FR 43304 September 30, 2021, each of the article or FMCSA–2018–0136 in the keyword (August 20, 2019), as modified by 84 FR descriptions of headings 9903.88.62, box, and click ‘‘Search.’’ Next, sort the 69447 (December 18, 2019) and 85 FR 9903.88.63, 9903.88.64 and 9903.88.65 of the results by ‘‘Posted (Newer-Older),’’ Harmonized Tariff Schedule of the United choose the first notice listed, and click 3741 (January 22, 2020). States are modified by deleting ‘‘March 31, For each tranche, the U.S. Trade 2021,’’ and by inserting ‘‘September 30, ‘‘Browse Comments.’’ If you do not have Representative established a process by 2021,’’ in lieu thereof. access to the internet, you may view the which U.S. stakeholders could request docket online by visiting Dockets the exclusion of particular products Greta Peisch, Operations in Room W12–140 on the subject to the action. The U.S. Trade General Counsel, Office of the United States ground floor of the DOT West Building, Representative later established a Trade Representative. 1200 New Jersey Avenue SE, process by which U.S. stakeholders [FR Doc. 2021–04946 Filed 3–9–21; 8:45 am] Washington, DC 20590–0001, between 9 could request the extension of particular BILLING CODE 3290–F0–P a.m. and 5 p.m., ET, Monday through exclusions. Additionally, on March 25, Friday, except Federal holidays. To be 2020, the U.S. Trade Representative sure someone is there to help you, requested public comments on possible DEPARTMENT OF TRANSPORTATION please call (202) 366–9317 or (202) 366– further modifications to remove Section 9826 before visiting Dockets Operations. Federal Motor Carrier Safety 301 duties from additional medical-care B. Privacy Act products to address the COVID–19 Administration pandemic. 85 FR 16987 (March 25, [Docket No. FMCSA–2012–0154; FMCSA– In accordance with 5 U.S.C. 553(c), 2020). 2014–0106; FMCSA–2014–0384; FMCSA– DOT solicits comments from the public In light of the evolving nature of the 2015–0328; FMCSA–2017–0057; FMCSA– to better inform its rulemaking process. battle against COVID–19, on December 2018–0136] DOT posts these comments, without 29, 2020, USTR announced the edit, including any personal information extension of 80 product exclusions on Qualification of Drivers; Exemption the commenter provides, to medical-care and/or COVID response Applications; Hearing www.regulations.gov, as described in products; further modifications in the AGENCY: Federal Motor Carrier Safety the system of records notice (DOT/ALL– form of 19 product exclusions to remove Administration (FMCSA), Department 14 FDMS), which can be reviewed at Section 301 duties from additional of Transportation (DOT). www.transportation.gov/privacy. medical-care and/or COVID response ACTION: Notice of final disposition. II. Background products; and that USTR might consider further extensions and/or modifications SUMMARY: FMCSA announces its On January 15, 2021, FMCSA as appropriate. See 85 FR 85831 (the decision to renew exemptions for nine published a notice announcing its December 29 notice). individuals from the hearing decision to renew exemptions for nine requirement in the Federal Motor individuals from the hearing standard in B. Determination To Extend Certain Carrier Safety Regulations (FMCSRs) for 49 CFR 391.41(b)(11) to operate a CMV Exclusions interstate commercial motor vehicle in interstate commerce and requested In light of the continuing efforts to (CMV) drivers. The exemptions enable comments from the public (86 FR 4175). combat COVID–19, the U.S. Trade these hard of hearing and deaf The public comment period ended on Representative has determined that it is individuals to continue to operate CMVs February 16, 2021, and one comment inappropriate to allow the exclusions in interstate commerce. was received.

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FMCSA has evaluated the eligibility as of January 15, 2021, and will expire Compliance & Evaluation, tel.: 202–622– of these applicants and determined that on January 15, 2023. 2490. renewing these exemptions would As of January 22, 2021, and in SUPPLEMENTARY INFORMATION: achieve a level of safety equivalent to, accordance with 49 U.S.C. 31136(e) and or greater than, the level that would be 31315(b), Jaymes Haar (IA) has satisfied Electronic Availability achieved by complying with the renewal conditions for obtaining an The SDN List and additional § 391.41(b)(11). exemption from the hearing requirement information concerning OFAC sanctions The physical qualification standard in the FMCSRs for interstate CMV programs are available on OFAC’s for drivers regarding hearing found in drivers. website (www.treas.gov/ofac). This driver was included in docket § 391.41(b)(11) states that a person is Notice of OFAC Actions physically qualified to drive a CMV if number FMCSA–2015–0328. The that person first perceives a forced exemption was applicable as of January On March 5, 2021, OFAC updated the whispered voice in the better ear at not 22, 2021, and will expire on January 22, entry on the SDN List for the following less than 5 feet with or without the use 2023. person, whose property and interests in of a hearing aid or, if tested by use of In accordance with 49 U.S.C. property subject to U.S. jurisdiction an audiometric device, does not have an 31315(b), each exemption will be valid continue to be blocked under the average hearing loss in the better ear for 2 years from the effective date unless relevant sanctions authority listed greater than 40 decibels at 500 Hz, 1,000 revoked earlier by FMCSA. The below. Hz, and 2,000 Hz with or without a exemption will be revoked if the Individual hearing aid when the audiometric following occurs: (1) The person fails to device is calibrated to American comply with the terms and conditions 1. MORTEZAVI, Hasan (a.k.a. of the exemption; (2) the exemption has MORTEZAVI, Ali Hassan; a.k.a. National Standard (formerly ASA MORTEZAVI, Majid; a.k.a. MORTEZAVI, Standard) Z24.5—1951. resulted in a lower level of safety than Majid Mirali; a.k.a. ‘‘ALI, Hassan’’); DOB 28 This standard was adopted in 1970 was maintained prior to being granted; Apr 1961; POB Ghazvin, Iran; citizen Iran; and was revised in 1971 to allow drivers or (3) continuation of the exemption Additional Sanctions Information—Subject to be qualified under this standard would not be consistent with the goals to Secondary Sanctions; Passport 7572775 while wearing a hearing aid, 35 FR and objectives of 49 U.S.C. 31136(e) and (Iran) (individual) [SDGT] [IRGC] [IFSR]. 6458, 6463 (April 22, 1970) and 36 FR 31315(b). —to— 12857 (July 3, 1971). Larry W. Minor, 1. MORTEZAVI, Hasan (a.k.a. MORTEZAVI, Ali Hassan; a.k.a. III. Discussion of Comments Associate Administrator for Policy. MORTEZAVI, Sayyed Hasan; a.k.a. ‘‘ALI, FMCSA received one comment in this [FR Doc. 2021–04958 Filed 3–9–21; 8:45 am] Hassan’’), Iran; DOB 23 Aug 1964; POB proceeding. The comment received was BILLING CODE 4910–EX–P Ghazvin, Iran; citizen Iran; Additional outside the scope of this notice. Sanctions Information—Subject to Secondary Sanctions; Gender Male; Passport D9019576 IV. Conclusion (Iran) (individual) [SDGT] [IRGC] [IFSR]. DEPARTMENT OF THE TREASURY Designated on August 3, 2010 pursuant to Based upon its evaluation of the nine sections 1(c) of E.O. 13224 for acting for or renewal exemption applications and Office of Foreign Assets Control on behalf of the ISLAMIC REVOLUTIONARY comment received, FMCSA announces GUARD CORPS–QODS FORCE, a person its decision to exempt the following Notice of OFAC Sanctions Actions whose property and interests in property are drivers from the hearing requirement in AGENCY: Office of Foreign Assets blocked pursuant to E.O. 13224 and 1(d)(i) of E.O. 13224 for providing financial, material, § 391.41(b)(11). Control, Treasury. In accordance with 49 U.S.C. 31136(e) and technological support for, or financial or ACTION: Notice. other services to or in support of, the and 31315(b), the following groups of TALIBAN, a person whose property and drivers received renewed exemptions in SUMMARY: The U.S. Department of the interests in property are blocked pursuant to the month of January and are discussed Treasury’s Office of Foreign Assets E.O. 13224. below: Control (OFAC) is publishing the names Dated: March 5, 2021. As of January 15, 2021, and in of one or more persons that have been Bradley T. Smith, accordance with 49 U.S.C. 31136(e) and placed on OFAC’s Specially Designated 31315(b), the following eight Nationals and Blocked Persons List Acting Director, Office of Foreign Assets Control, U.S. Department of the Treasury. individuals have satisfied the renewal (SDN List) based on OFAC’s conditions for obtaining an exemption determination that one or more [FR Doc. 2021–04984 Filed 3–9–21; 8:45 am] from the hearing requirement in the applicable legal criteria were satisfied. BILLING CODE 4810–AL–P FMCSRs for interstate CMV drivers (86 All property and interests in property FR 4175): subject to U.S. jurisdiction of these DEPARTMENT OF THE TREASURY Stephen Goen (GA) persons are blocked, and U.S. persons Jerry Jones (TX) are generally prohibited from engaging Office of Foreign Assets Control James Laughrey (KS) in transactions with them. Christopher McKenzie (TX) DATES: See SUPPLEMENTARY INFORMATION Notice of OFAC Sanctions Actions Kathy Miller (IA) section for effective date(s). AGENCY: Office of Foreign Assets Lesley O’Rorke (IL) FOR FURTHER INFORMATION CONTACT: Control, Treasury. Gerson Ramirez (MT) OFAC: Andrea Gacki, Director, tel.: ACTION: Notice. Michael Wilkes (MA) 202–622–2480; Associate Director for The drivers were included in docket Global Targeting, tel.: 202–622–2420; SUMMARY: The U.S. Department of the number FMCSA–2012–0154, FMCSA– Assistant Director for Licensing, tel.: Treasury’s Office of Foreign Assets 2014–0106, FMCSA–2014–0384, 202–622–2480; Assistant Director for Control (OFAC) is publishing the names FMCSA–2017–0057, or FMCSA–2018– Regulatory Affairs, tel.: 202–622–4855; of one or more persons that have been 0136. Their exemptions were applicable or the Assistant Director for Sanctions placed on OFAC’s Specially Designated

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Nationals and Blocked Persons List 202–622–2480; Associate Director for information concerning OFAC sanctions (SDN List) based on OFAC’s Global Targeting, tel.: 202–622–2420; programs are available on OFAC’s determination that one or more Assistant Director for Licensing, tel.: website (www.treasury.gov/ofac). applicable legal criteria were satisfied. 202–622–2480; Assistant Director for All property and interests in property Regulatory Affairs, tel.: 202–622–4855; Notice of OFAC Actions subject to U.S. jurisdiction of these or the Assistant Director for Sanctions On March 2, 2021, OFAC determined persons are blocked, and U.S. persons Compliance & Evaluation, tel.: 202–622– that the property and interests in are generally prohibited from engaging 2490. property subject to U.S. jurisdiction of in transactions with them. SUPPLEMENTARY INFORMATION: the following persons are blocked under DATES: SUPPLEMENTARY INFORMATION See the relevant sanctions authorities listed section for effective date(s). Electronic Availability below. FOR FURTHER INFORMATION CONTACT: The Specially Designated Nationals OFAC: Andrea M. Gacki, Director, tel.: and Blocked Persons List and additional

Dated: March 2, 2021. application to Treasury to reduce ADDRESSES: You may submit comments Bradley T. Smith, benefits under the Carpenters Pension electronically through the Federal Acting Director, Office of Foreign Assets Trust Fund-Detroit & Vicinity Pension eRulemaking Portal at http:// Control, U.S. Department of the Treasury. Fund (Fund), in accordance with the www.regulations.gov, in accordance [FR Doc. 2021–04985 Filed 3–9–21; 8:45 am] Multiemployer Pension Reform Act of with the instructions on that site. BILLING CODE 4810–AL–P 2014 (MPRA). The purpose of this Commenters are strongly encouraged to notice is to reopen the comment period submit public comments electronically. for the Fund’s application and provide Treasury expects to have limited DEPARTMENT OF THE TREASURY more time for interested parties to personnel available to process public provide comments. comments that are submitted on paper Multiemployer Pension Plan through mail. Until further notice, any Application To Reduce Benefits DATES: Treasury is reopening the comments submitted on paper will be comment period for the notice regarding AGENCY: Department of the Treasury. considered to the extent practicable. the Fund entitled ‘‘Multiemployer ACTION: Notice and request for comment; Comments may also be mailed to the Pension Plan Application to Reduce reopening of comment period. Department of the Treasury, MPRA Benefits Comments,’’ which was Office, 1500 Pennsylvania Avenue NW, SUMMARY: On October 27, 2020, the published in the Federal Register on Room 1224, Washington, DC 20220, Department of the Treasury (Treasury) October 27, 2020, (85 FR 68120). Attn: Danielle Norris. Comments sent published a notice of availability and Treasury will accept comments received via facsimile, telephone, or email will request for comments regarding an on this notice on or before April 9, 2021. not be accepted.

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Additional Instructions. All DEPARTMENT OF VETERANS burden of the proposed collection of comments received, including AFFAIRS information; (3) ways to enhance the attachments and other supporting quality, utility, and clarity of the [OMB Control No. 2900–0386] materials, will be made available to the information to be collected; and (4) public. Do not include any personally Agency Information Collection ways to minimize the burden of the identifiable information (such as your Activity: Interest Rate Reduction collection of information on Social Security number, name, address, Refinancing Loan Worksheet respondents, including through the use or other contact information) or any of automated collection techniques or other information in your comment or AGENCY: Veterans Benefits the use of other forms of information supporting materials that you do not Administration, Department of Veterans technology. want publicly disclosed. Treasury will Affairs. Authority: Public Law 104–13; 44 make comments available for public ACTION: Notice. U.S.C. 3501–3521. inspection and copying on Title: Interest Rate Reduction www.regulations.gov or upon request. SUMMARY: Veterans Benefits Refinancing Loan Worksheet (VA 26– Comments posted on the internet can be Administration, Department of Veterans 8923). retrieved by most internet search Affairs (VA), is announcing an OMB Control Number: 2900–0386. engines. opportunity for public comment on the Type of Review: Extension of a proposed collection of certain currently approved collection. FOR FURTHER INFORMATION CONTACT: For information by the agency. Under the Abstract: The major use of this form information regarding the application Paperwork Reduction Act (PRA) of is to determine Veterans eligible for an from the Fund, please contact Treasury 1995, Federal agencies are required to exception to pay a funding fee in at (202) 622–1534 (not a toll-free publish notice in the Federal Register connection with a VA-guaranteed loan. number). concerning each proposed collection of Lenders are required to complete VA information, including each proposed Form 26–8923 on all interest rate SUPPLEMENTARY INFORMATION: MPRA extension of a currently approved reduction refinancing loans and submit amended the Internal Revenue Code to collection, and allow 60 days for public the form to the Veteran no later than the permit a multiemployer plan that is comment in response to the notice. third business day after receiving the projected to have insufficient funds to DATES: Written comments and Veteran’s application. reduce pension benefits payable to recommendations on the proposed Affected Public: Individuals and participants and beneficiaries if certain collection of information should be households. conditions are satisfied. In order to received on or before May 10, 2021. Estimated Annual Burden: 156,685 reduce benefits, the plan sponsor is ADDRESSES: Submit written comments hours. required to submit an application to the on the collection of information through Estimated Average Burden per Secretary of the Treasury, which must Federal Docket Management System Respondent: 30 minutes. be approved or denied in consultation (FDMS) at www.Regulations.gov or to Frequency of Response: Frequency of with the Pension Benefit Guaranty Nancy J. Kessinger, Veterans Benefits response is generally one time per Corporation (PBGC) and the Department Administration (20M33), Department of IRRRL. of Labor. Veterans Affairs, 810 Vermont Avenue Estimated Number of Respondents: On September 29, 2020, the Fund’s NW, Washington, DC 20420 or email to 662,065. Board of Trustees submitted an [email protected]. Please refer to By direction of the Secretary. application for approval to reduce ‘‘OMB Control No. 2900–0386’’ in any Maribel Aponte, benefits under the plan. As required by correspondence. During the comment MPRA, that application has been period, comments may be viewed online VA PRA Clearance Officer, Office of published on Treasury’s website at Enterprise and Integration/Data Governance through FDMS. Analytics, Department of Veterans Affairs. https://home.treasury.gov/services/the- FOR FURTHER INFORMATION CONTACT: multiemployer-pension-reform-act-of- [FR Doc. 2021–04895 Filed 3–9–21; 8:45 am] Maribel Aponte, Office of Enterprise BILLING CODE 8320–01–P 2014/applications-for-benefit- and Integration, Data Governance suspension. On October 27, 2020, Analytics (008), 1717 H Street NW, Treasury published a notice in the Washington, DC 20006, (202) 266–4688 DEPARTMENT OF VETERANS Federal Register (85 FR 68120), in or email [email protected]. Please AFFAIRS consultation with PBGC and the refer to ‘‘OMB Control No. 2900–0386’’ Department of Labor, to solicit public in any correspondence. [OMB Control No. 2900–0094] comments on all aspects of the Fund’s SUPPLEMENTARY INFORMATION: Under the application. The comment period in the Agency Information Collection PRA of 1995, Federal agencies must Activity: Supplement to VA Forms 21– notice published on October 27, 2020, obtain approval from the Office of closed on December 11, 2020. 526EZ, 21P–534EZ, and 21P–535 (For Management and Budget (OMB) for each Philippine Claims) This notice announces the reopening collection of information they conduct of the comment period on the Fund’s or sponsor. This request for comment is AGENCY: Veterans Benefits application with respect to the notice being made pursuant to Section Administration, Department of Veterans published on October 27, 2020, until 3506(c)(2)(A) of the PRA. Affairs. April 9, 2021, in order to give additional With respect to the following ACTION: Notice. time for interested parties to provide collection of information, VBA invites comments. comments on: (1) Whether the proposed SUMMARY: Veterans Benefits collection of information is necessary Administration, Department of Veterans Mark J. Mazur, for the proper performance of VBA’s Affairs (VA), is announcing an Deputy Assistant Secretary for Tax Policy. functions, including whether the opportunity for public comment on the [FR Doc. 2021–05002 Filed 3–9–21; 8:45 am] information will have practical utility; proposed collection of certain BILLING CODE 4810–AK–P (2) the accuracy of VBA’s estimate of the information by the agency. Under the

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Paperwork Reduction Act (PRA) of determine whether a claimant’s service Administration (20M33), Department of 1995, Federal agencies are required to qualifies as service in the Veterans Affairs, 810 Vermont Avenue publish notice in the Federal Register Commonwealth Army of the Philippines NW, Washington, DC 20420 or email to concerning each proposed collection of or recognized guerrilla organizations. [email protected]. Please refer to information, including each proposed The form is used for the sole purpose of ‘‘OMB Control No. 2900–0654’’ in any extension of a currently approved collecting the information needed to correspondence. During the comment collection, and allow 60 days for public determine eligibility for benefits based period, comments may be viewed online comment in response to the notice. on such service, including service through FDMS. DATES: Written comments and information, proof of service, place of FOR FURTHER INFORMATION CONTACT: recommendations on the proposed residence, and membership in pro- Maribel Aponte, Office of Enterprise collection of information should be Japanese, pro-German, or anti-American and Integration, Data Governance received on or before May 10, 2021. Filipino organizations. Analytics (008), 1717 H Street NW, ADDRESSES: Submit written comments This is an extension only with no Washington, DC 20006, (202) 266–4688 on the collection of information through substantive changes. The respondent or email [email protected]. Please Federal Docket Management System burden has not changed. refer to ‘‘OMB Control No. 2900–0654’’ (FDMS) at www.Regulations.gov or to Affected Public: Individuals and in any correspondence. households. Nancy J. Kessinger, Veterans Benefits SUPPLEMENTARY INFORMATION: Under the Estimated Annual Burden: 250 hours. Administration (20M33), Department of PRA of 1995, Federal agencies must Estimated Average Burden per Veterans Affairs, 810 Vermont Avenue obtain approval from the Office of Respondent: 15 minutes. NW Washington, DC 20420 or email to Management and Budget (OMB) for each Frequency of Response: On occasion. [email protected]. Please refer to collection of information they conduct Estimated Number of Respondents: ‘‘OMB Control No. 2900–0094’’ in any or sponsor. This request for comment is 1,000. correspondence. During the comment being made pursuant to Section period, comments may be viewed online By direction of the Secretary. 3506(c)(2)(A) of the PRA. through FDMS. Maribel Aponte, With respect to the following FOR FURTHER INFORMATION CONTACT: VA PRA Clearance Officer, Office of collection of information, VBA invites Maribel Aponte, Office of Enterprise Enterprise and Integration/Data Governance comments on: (1) Whether the proposed and Integration, Data Governance Analytics, Department of Veterans Affairs. collection of information is necessary Analytics (008), 1717 H Street NW, [FR Doc. 2021–04898 Filed 3–9–21; 8:45 am] for the proper performance of VBA’s Washington, DC 20006, (202) 266–4688 BILLING CODE 8320–01–P functions, including whether the or email [email protected]. Please information will have practical utility; refer to ‘‘OMB Control No. 2900–0094’’ (2) the accuracy of VBA’s estimate of the in any correspondence. DEPARTMENT OF VETERANS burden of the proposed collection of AFFAIRS SUPPLEMENTARY INFORMATION: Under the information; (3) ways to enhance the PRA of 1995, Federal agencies must [OMB Control No. 2900–0654] quality, utility, and clarity of the obtain approval from the Office of information to be collected; and (4) Management and Budget (OMB) for each Agency Information Collection ways to minimize the burden of the collection of information they conduct Activity: Annual Certification of collection of information on or sponsor. This request for comment is Veteran Status and Veteran-Relatives respondents, including through the use being made pursuant to Section of automated collection techniques or AGENCY: Veterans Benefits the use of other forms of information 3506(c)(2)(A) of the PRA. Administration, Department of Veterans With respect to the following technology. Affairs. collection of information, VBA invites Authority: 5 U.S.C. 552a(e)(10). comments on: (1) Whether the proposed ACTION: Notice. Title: Annual Certification of Veteran Status and Veteran-Relatives (VA Form collection of information is necessary SUMMARY: Veterans Benefits 20–0344). for the proper performance of VBA’s Administration, Department of Veterans functions, including whether the OMB Control Number: 2900–0654. Affairs (VA), is announcing an Type of Review: Reinstatement of a information will have practical utility; opportunity for public comment on the (2) the accuracy of VBA’s estimate of the previously approved collection. proposed collection of certain Abstract: VA Form 20–0344 is burden of the proposed collection of information by the agency. Under the information; (3) ways to enhance the necessary to ensure that benefit records Paperwork Reduction Act (PRA) of of employees and employees’ relatives quality, utility, and clarity of the 1995, Federal agencies are required to information to be collected; and (4) are properly maintained in accordance publish notice in the Federal Register with VA policy. Without the ways to minimize the burden of the concerning each proposed collection of collection of information on information provided on this form, VA information, including each proposed would be unable to determine which respondents, including through the use reinstatement of a previously approved of automated collection techniques or benefit records require special handling collection, and allow 60 days for public to guard against fraud, conflict of the use of other forms of information comment in response to the notice. technology. interest, improper influence etc. by VA DATES: Authority: 38 U.S.C. 101 and 6104. Written comments and and non-VA employees. Title: Supplement to VA Forms 21– recommendations on the proposed This is a request to reinstate only with 526EZ, 21P–534EZ, and 21P–535 (For collection of information should be no substantive changes. The respondent Philippine Claims) (VA Form 21–4169). received on or before May 10, 2021. burden did not change. OMB Control Number: 2900–0094. ADDRESSES: Submit written comments Affected Public: Individuals or Type of Review: Extension of a on the collection of information through Households. currently approved collection. Federal Docket Management System Estimated Annual Burden: 5,834. Abstract: VA Form 21–4169 is used to (FDMS) at www.Regulations.gov or to Estimated Average Burden per gather the necessary information to Nancy J. Kessinger, Veterans Benefits Respondent: 25 minutes.

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Frequency of Response: One time. or sponsor. This request for comment is DEPARTMENT OF VETERANS Estimated Number of Respondents: being made pursuant to Section AFFAIRS 14,000. 3506(c)(2)(A) of the PRA. [OMB Control No. 2900–0065] By direction of the Secretary. With respect to the following Maribel Aponte, collection of information, VBA invites Agency Information Collection VA PRA Clearance Officer, Office of comments on: (1) Whether the proposed Activity: Request for Employment Enterprise and Integration/Data Governance collection of information is necessary Information in Connection With Claim Analytics, Department of Veterans Affairs. for the proper performance of VBA’s for Disability Benefits [FR Doc. 2021–04995 Filed 3–9–21; 8:45 am] functions, including whether the AGENCY: Veterans Benefits BILLING CODE 8320–01–P information will have practical utility; Administration, Department of Veterans (2) the accuracy of VBA’s estimate of the Affairs. burden of the proposed collection of ACTION: Notice. DEPARTMENT OF VETERANS information; (3) ways to enhance the AFFAIRS quality, utility, and clarity of the SUMMARY: Veterans Benefits [OMB Control No. 2900–0510] information to be collected; and (4) Administration, Department of Veterans ways to minimize the burden of the Affairs (VA), is announcing an Agency Information Collection collection of information on opportunity for public comment on the Activity: Application for Exclusion of respondents, including through the use proposed collection of certain Children’s Income of automated collection techniques or information by the agency. Under the AGENCY: Veterans Benefits the use of other forms of information Paperwork Reduction Act (PRA) of Administration, Department of Veterans technology. 1995, Federal agencies are required to Affairs. Authority: 38 U.S.C. 103. publish notice in the Federal Register ACTION: Notice. concerning each proposed collection of Title: Application for Exclusion of information, including each proposed SUMMARY: Veteran’s Benefits Children’s Income (VA Form 21P–0571). reinstatement of a previously approved Administration (VBA), Department of OMB Control Number: 2900–0510. collection, and allow 60 days for public Veterans Affairs (VA), is announcing an Type of Review: Extension of a comment in response to the notice. opportunity for public comment on the currently approved collection. DATES: Written comments and proposed collection of certain recommendations on the proposed Abstract: The Department of Veterans information by the agency. Under the collection of information should be Affairs (VA), through its Veterans Paperwork Reduction Act (PRA) of received on or before May 10, 2021. Benefits Administration (VBA), 1995, Federal agencies are required to ADDRESSES: Submit written comments publish notice in the Federal Register administers an integrated program of benefits and services, established by on the collection of information through concerning each proposed collection of Federal Docket Management System law, for veterans, service personnel, and information, including each proposed (FDMS) at www.Regulations.gov or to their dependents and/or beneficiaries. extension of a currently approved Nancy J. Kessinger, Veterans Benefits Title 38 U.S.C. 5101(a) provides that a collection, and allow 60 days for public Administration (20M33), Department of specific claim in the form provided by comment in response to the notice. Veterans Affairs, 810 Vermont Avenue the Secretary must be filed in order for DATES: Written comments and NW, Washington, DC 20420 or email to recommendations on the proposed benefits to be paid to any individual [email protected]. Please refer to collection of information should be under the laws administered by the ‘‘OMB Control No. 2900–0065’’ in any received on or before May 10, 2021. Secretary. VA Form 21P–0571, correspondence. During the comment ADDRESSES: Submit written comments Application for Exclusion of Children’s period, comments may be viewed online on the collection of information through Income is used for the sole purpose of through FDMS. collecting the information needed to Federal Docket Management System FOR FURTHER INFORMATION CONTACT: determine if the children’s income is (FDMS) at www.Regulations.gov or to Maribel Aponte, Office of Enterprise Maribel Aponte, Department of Veterans available to the beneficiary, and if it and Integration, Data Governance Affairs, 810 Vermont Avenue NW, would cause a hardship to consider Analytics (008), 1717 H Street NW, Washington, DC 20420 or email to their income. Washington, DC 20006, (202) 266–4688 [email protected]. Please refer to Affected Public: Individuals and or email [email protected]. Please ‘‘OMB Control No. 2900–0510’’ in any households. refer to ‘‘OMB Control No. 2900–0065’’ correspondence. During the comment Estimated Annual Burden: 2,025 in any correspondence. period, comments may be viewed online hours. SUPPLEMENTARY INFORMATION: Under the through FDMS. PRA of 1995, Federal agencies must FOR FURTHER INFORMATION CONTACT: Estimated Average Burden per Respondent: 45 minutes. obtain approval from the Office of Maribel Aponte, Office of Enterprise Management and Budget (OMB) for each and Integration, Data Governance Frequency of Response: One time. collection of information they conduct Analytics (008), 1717 H Street NW, Estimated Number of Respondents: or sponsor. This request for comment is Washington, DC 20006, (202) 266–4688 2,700. being made pursuant to Section or email [email protected]. Please 3506(c)(2)(A) of the PRA. refer to ‘‘OMB Control No. 2900–0510’’ By direction of the Secretary. With respect to the following in any correspondence. Maribel Aponte, collection of information, VBA invites SUPPLEMENTARY INFORMATION: Under the VA PRA Clearance Officer, Office of comments on: (1) Whether the proposed PRA of 1995, Federal agencies must Enterprise and Integration, Data Governance collection of information is necessary obtain approval from the Office of Analytics, Department of Veterans Affairs. for the proper performance of VBA’s Management and Budget (OMB) for each [FR Doc. 2021–04970 Filed 3–9–21; 8:45 am] functions, including whether the collection of information they conduct BILLING CODE 8320–01–P information will have practical utility;

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(2) the accuracy of VBA’s estimate of the SUMMARY: In compliance with the benefit to dependents; 39–49 questions burden of the proposed collection of Paperwork Reduction Act (PRA) of for all other respondents). The survey information; (3) ways to enhance the 1995, this notice announces that the contains general rating-scale questions quality, utility, and clarity of the Veterans Benefits Administration, (e.g., a scale of 1–5 from Very information to be collected; and (4) Department of Veterans Affairs, dissatisfied to Very satisfied; or Not at ways to minimize the burden of the Department of Veterans Affairs, will all effective to Extremely effective) to collection of information on submit the collection of information assess satisfaction with educational respondents, including through the use abstracted below to the Office of assistance programs, resources, training of automated collection techniques or Management and Budget (OMB) for as well as questions assessing the use of other forms of information review and comment. The PRA education/training outcomes technology. submission describes the nature of the (completion of program, current income Authority: 38 U.S.C. 1502. information collection and its expected level) and has been approved by the Title: Request for Employment cost and burden and it includes the Education Service leadership. These Information in Connection with Claim actual data collection instrument. questions have been mapped to the for Disability Benefits (VA Form 21– DATES: Written comments and Public Law 114–315 (December 15, 4192). recommendations for the proposed 2016) section 414. After the survey has OMB Control Number: 2900–0065. information collection should be sent been distributed, recipients will have Type of Review: Reinstatement of a within 30 days of publication of this two weeks to complete the survey. previously approved collection. notice to www.reginfo.gov/public/do/ Invitees will receive a reminder email or Abstract: VA Form 21–4192 is used to PRAMain. Find this particular mailed letter after one week. The sample gather necessary employment information collection by selecting will be distributed across four information from veterans’ employers so ‘‘Currently under 30-day Review—Open Education Benefit Programs: Post-9/11 VA can determine eligibility to for Public Comments’’ or by using the GI Bill (Chapter 33), Montgomery GI increased disability benefits based on search function. Refer to ‘‘OMB Control Bill—Active Duty (Chapter 30), Veterans unemployability. Without this No. 2900–NEW. Education Assistance Program (VEAP; information, determination of FOR FURTHER INFORMATION CONTACT: Chapter 32), and Survivors’ and entitlement would not be possible. Maribel Aponte, Office of Enterprise Dependents’ Educational Assistance This is a reinstatement only, with no and Integration, Data Governance (DEA; Chapter 35). The overall sample substantive changes, and the respondent Analytics (008), 1717 H Street NW, size is determined so that the reliability burden has decreased. Affected Public: Private Sector. Washington, DC 20006, (202) 266–4688 of survey estimate is 3% Margin of Error Estimated Annual Burden: 6,313 or email [email protected]. Please at a 95% Confidence Level. Once data hours. refer to ‘‘OMB Control No. 2900–NEW’’ collection is completed, the participant Estimated Average Burden per in any correspondence. responses in the survey will be Respondent: 15 minutes. SUPPLEMENTARY INFORMATION: weighted so that the samples more Frequency of Response: On occasion. Authority: 44 U.S.C. 3501–21. closely represent the overall population. Estimated Number of Respondents: Title: Survey Of Individuals Using Weighting models will rely on 25,250. Their Entitlement To Educational beneficiary age and gender. By direction of the Secretary. Assistance Under The Educational An agency may not conduct or Assistance Programs Administered By Maribel Aponte, sponsor, and a person is not required to The Secretary Of Veterans Affairs. VA PRA Clearance Officer, Office of respond to a collection of information OMB Control Number: 2900–NEW. unless it displays a currently valid OMB Enterprise and Integration/Data Governance Type of Review: New data collection. Analytics, Department of Veterans Affairs. Abstract: The Educational Assistance control number. The Federal Register [FR Doc. 2021–04901 Filed 3–9–21; 8:45 am] Program Feedback Survey is designed to Notice with a 60-day comment period BILLING CODE 8320–01–P measure experience of beneficiaries of soliciting comments on this collection educational assistance programs of information was published at 85 FR administered by the Veterans Affairs 246 on December 22, 2020, page 83682. DEPARTMENT OF VETERANS (VA), including under chapters 30, 32, Affected Public: Individuals. AFFAIRS 33, and 35 of title 38 United States Estimated Annual Burden: 180 hours. [OMB Control No. 2900–NEW] Code. The information will help the VA Estimated Average Burden per improve programs and better serve Respondent: 10 minutes. Agency Information Collection Activity Veterans interested in educational Under OMB Review: Survey of assistance. Educational Assistance Frequency of Response: One time. Individuals Using Their Entitlement to Program feedback data will be collected Estimated Number of Respondents: Educational Assistance Under the using an online transactional survey or 1,080. Educational Assistance Programs paper disseminated via an invitation Administered by the Secretary of email or mailed letter sent to selected By direction of the Secretary. Veterans Affairs beneficiaries. The survey questionnaire Maribel Aponte, VA PRA Clearance Officer, Office of AGENCY: Veterans Benefits includes 52 questions, though in actuality due to branching depending on Enterprise and Integration, Data Governance Administration, Department of Veterans Analytics, Department of Veterans Affairs. Affairs. responses to each question respondents will complete anywhere from 8–49 [FR Doc. 2021–04996 Filed 3–9–21; 8:45 am] ACTION: Notice. questions (8 if respondents passed their BILLING CODE 8320–01–P

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Part II

Department of Defense General Services Administration National Aeronautics and Space Administration

48 CFR Chapter 1 Federal Acquisition Regulations; Final Rule

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DEPARTMENT OF DEFENSE the Administrator of National ■ 1. The authority citation for 48 CFR Aeronautics and Space Administration. parts 4 and 52 continues to read as GENERAL SERVICES Unless otherwise specified, all follows: ADMINISTRATION Federal Acquisition Regulation (FAR) Authority: 40 U.S.C. 121(c); 10 U.S.C. and other directive material contained chapter 137; and 51 U.S.C. 20113. NATIONAL AERONAUTICS AND in FAC 2021–05 is effective March 10, SPACE ADMINISTRATION 2021. PART 4—ADMINISTRATIVE AND INFORMATION MATTERS 48 CFR Chapter 1 John M. Tenaglia, Principal Director, Defense Pricing and 4.402 [Amended] [Docket No. FAR–2021–0051, Sequence No. Contracting, Department of Defense. 2] ■ 2. Amend section 4.402 by— Jeffrey A. Koses, ■ a. In paragraph (b) introductory text, Federal Acquisition Regulation: Senior Procurement Executive/Deputy CAO, removing ‘‘DoD publications’’ and Federal Acquisition Circular 2021–05; Office of Acquisition Policy, U.S. General adding ‘‘publications’’ in its place; Services Administration. Introduction ■ b. In paragraph (b)(1), removing ‘‘(DoD Karla Smith Jackson, 5220.22–M)’’ and adding ‘‘(32 CFR part AGENCY: Department of Defense (DoD), Assistant Administrator for Procurement, 117)’’ in its place; General Services Administration (GSA), National Aeronautics and Space ■ c. In paragraph (b)(2), removing the and National Aeronautics and Space Administration. quotation mark in front of ‘‘National’’; Administration (NASA). [FR Doc. 2021–04849 Filed 3–9–21; 8:45 am] and ACTION: Summary presentation of a final BILLING CODE 6820–EP–P ■ d. In paragraph (c), removing rule. ‘‘Chapter 10 of the NISPOM’’ and adding ‘‘32 CFR 117.19’’ in its place. SUMMARY: This document summarizes DEPARTMENT OF DEFENSE technical amendments to the Federal PART 52—SOLICITATION PROVISIONS Acquisition Regulation (FAR) in this GENERAL SERVICES AND CONTRACT CLAUSES Federal Acquisition Circular (FAC) ADMINISTRATION 2021–05. A companion document, the ■ 3. Amend section 52.204–2 by— Small Entity Compliance Guide (SECG), NATIONAL AERONAUTICS AND ■ a. Revising the date of the clause; and follows this FAC. SPACE ADMINISTRATION ■ b. In paragraph (b), removing ‘‘(DOD DATES: For the effective date, see the 5220.22–M)’’ and adding ‘‘(32 CFR part separate document, which follows. 48 CFR Parts 4 and 52 117)’’ in its place. The revision reads as follows: FOR FURTHER INFORMATION CONTACT: Ms. [FAC 2021–05; Docket No. FAR–2021–0052, Lois Mandell, Regulatory Secretariat Sequence No. 1] 52.204–2 Security Requirements. Division (MVCB), at 202–501–4755 or * * * * * [email protected], for information Federal Acquisition Regulation: pertaining to status or publication Technical Amendment Security Requirements (Mar 2021) schedules. Please cite FAC 2021–05, AGENCY: Department of Defense (DoD), * * * * * Technical Amendments. General Services Administration (GSA), [FR Doc. 2021–04848 Filed 3–9–21; 8:45 am] and National Aeronautics and Space BILLING CODE 6820–EP–P RULE LISTED IN FAC 2021–05 Administration (NASA). Subject ACTION: Final rule. DEPARTMENT OF DEFENSE SUMMARY: This document makes Technical Amendments GENERAL SERVICES amendments to the Federal Acquisition ADMINISTRATION Regulation (FAR) in order to make ADDRESSES: The FAC, including the needed editorial changes. SECG, is available via the internet at NATIONAL AERONAUTICS AND https://www.regulations.gov. DATES: Effective: March 10, 2021. SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: A Ms. summary for the FAR rule follows. For Lois Mandell, Regulatory Secretariat 48 CFR Chapter 1 the actual technical amendments made Division (MVCB), at 202–501–4755 or [email protected]. Please cite FAC [Docket No. FAR–2021–0051, Sequence No. by this rule, refer to the specific subject 2] set forth in the document following the 2021–05, Technical Amendment. summary. FAC 2021–05 amends the SUPPLEMENTARY INFORMATION: This Federal Acquisition Regulation: FAR as follows: document makes editorial changes to Federal Acquisition Circular 2021–05; parts 4 and 52 of the FAR. Small Entity Compliance Guide Technical Amendments List of Subjects in 48 CFR Parts 4 and AGENCY: Department of Defense (DoD), Editorial changes are made at FAR 52 4.402 and 52.204–2. General Services Administration (GSA), Government procurement. and National Aeronautics and Space William F. Clark, Administration (NASA). William F. Clark, Director, Office of Government-wide ACTION: Small Entity Compliance Guide. Acquisition Policy, Office of Acquisition Director, Office of Government-wide Policy, Office of Government-wide Policy. Acquisition Policy, Office of Acquisition SUMMARY: This document is issued Federal Acquisition Circular (FAC) Policy, Office of Government-wide Policy. under the joint authority of DoD, GSA, 2021–05 is issued under the authority of Therefore, DoD, GSA, and NASA and NASA. This Small Entity the Secretary of Defense, the amend 48 CFR parts 4 and 52 as set Compliance Guide (SECG) has been Administrator of General Services, and forth below: prepared in accordance with section 212

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of the Small Business Regulatory pertaining to status or publication the actual technical amendments made Enforcement Fairness Act of 1996. It schedules. Please cite FAC 2021–05, by this rule, refer to the specific consists of a summary of the rule Technical Amendments. amendments set forth in the document appearing in Federal Acquisition preceding this SECG. FAC 2021–05 Circular (FAC) 2021–05, which amends amends the FAR as follows: the Federal Acquisition Regulation RULE LISTED IN FAC 2021–05 Technical Amendments (FAR). Interested parties may obtain further information regarding this rule Subject Editorial changes are made at FAR by referring to FAC 2021–05, which 4.402 and 52.204–2. Technical Amendments precedes this document. William F. Clark, DATES: March 10, 2021. ADDRESSES: The FAC, including the Director, Office of Government-wide Acquisition Policy, Office of Acquisition FOR FURTHER INFORMATION CONTACT: Ms. SECG, is available via the internet at Policy, Office of Government-wide Policy. Lois Mandell, Regulatory Secretariat https://www.regulations.gov. Division (MVCB), at 202–501–4755 or SUPPLEMENTARY INFORMATION: A [FR Doc. 2021–04850 Filed 3–9–21; 8:45 am] [email protected], for information summary for the FAR rule follows. For BILLING CODE 6820–EP–P

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Reader Aids Federal Register Vol. 86, No. 45 Wednesday, March 10, 2021

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 14 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 1...... 13629 11...... 13629, 13630 The United States Government Manual 741–6000 10149...... 11847 10150...... 12515 21...... 13630 Other Services 10151...... 12517 39 ...... 12086, 12802, 12804, Electronic and on-line services (voice) 741–6020 10152...... 12519 12807, 12809, 13157, 13159, Privacy Act Compilation 741–6050 10153...... 12523 13162, 13165, 13443, 13445, 10154...... 12525 13631, 13633, 13637, 13640 10155...... 12527 43...... 13630 ELECTRONIC RESEARCH Executive Orders: 47...... 13629 14017...... 11849 48...... 13629 World Wide Web 14018...... 11855 71 ...... 11859, 11860, 13168, Full text of the daily Federal Register, CFR and other publications 14019...... 13623 13169, 13171, 13172, 13447, is located at: www.govinfo.gov. Administrative Orders: 13448, 13642, 13644 Notices: 89...... 13629 Federal Register information and research tools, including Public Notice of March 2, 91...... 13629 Inspection List and electronic text are located at: 2021 ...... 12793 97 ...... 12812, 12815, 12816, www.federalregister.gov. Notice of March 2, 12819 E-mail 2021 ...... 12795 107...... 13629, 13630 Notice of March 2, 401...... 13448 FEDREGTOC (Daily Federal Register Table of Contents Electronic 2021 ...... 12797 404...... 13448 Mailing List) is an open e-mail service that provides subscribers Notice of March 5, 413...... 13448 with a digital form of the Federal Register Table of Contents. The 2021 ...... 13621 414...... 13448 digital form of the Federal Register Table of Contents includes 415...... 13448 HTML and PDF links to the full text of each document. 5 CFR 417...... 13448 To join or leave, go to https://public.govdelivery.com/accounts/ 532...... 11857, 12799 420...... 13448 USGPOOFR/subscriber/new, enter your email address, then Proposed Rules: 431...... 13448 follow the instructions to join, leave, or manage your 849...... 13217 433...... 13448 subscription. 435...... 13448 7 CFR 437...... 13448 PENS (Public Law Electronic Notification Service) is an e-mail 983...... 12799 440...... 13448 service that notifies subscribers of recently enacted laws. Proposed Rules: 450...... 13448 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 800...... 12119 460...... 13448 and select Join or leave the list (or change settings); then follow 984...... 12837 Proposed Rules: the instructions. 9 CFR 39 ...... 12127, 12294, 12550, FEDREGTOC and PENS are mailing lists only. We cannot 12857, 12862, 13222, 13225, Proposed Rules: respond to specific inquiries. 13228, 13229, 13232, 13234, Ch. I ...... 13221 13237, 13239, 13502, 13505, Reference questions. Send questions and comments about the Ch. III ...... 13221 13665 Federal Register system to: [email protected] 149...... 12293 71 ...... 12129, 12865, 12866, The Federal Register staff cannot interpret specific documents or 307...... 12122 12868, 13242, 13244, 13246, regulations. 350...... 12122 13247, 13249, 13668, 13670 352...... 12122 73...... 12552 354...... 12122 FEDERAL REGISTER PAGES AND DATE, MARCH 362...... 12122 15 CFR 381...... 12122 11847–12078...... 1 740...... 13173 533...... 12122 742...... 13173 12079–12256...... 2 590...... 12122 744 ...... 12529, 13173, 13179 12257–12514...... 3 592...... 12122 12515–12798...... 4 16 CFR 12799–13148...... 5 12 CFR 13149–13442...... 8 302...... 12079 317...... 12091 13443–13622...... 9 Proposed Rules: 17 CFR 13623–13796...... 10 700...... 13494 701...... 13494 201...... 13645 702...... 13498 275...... 13024 703...... 13494, 13498 279...... 13024 704...... 13494 18 CFR 713...... 13494 1026...... 12839 157...... 12257 Proposed Rules: 13 CFR 4...... 13506 120...... 13149 5...... 13506

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35...... 12132 788...... 12535 180 ...... 12829, 13196, 13459 9...... 12399 284...... 12132, 12879 795...... 12535 271...... 12834 15...... 13266 Proposed Rules: 282...... 12110 25...... 13266 19 CFR 2204...... 13251 Proposed Rules: 27...... 12146, 13266 Ch. I ...... 12534 52 ...... 11913, 11915, 12143, 63...... 12312 31 CFR 12305, 12310, 12554, 12889, 73 ...... 12161, 12162, 12163, 21 CFR 16...... 12537 13254, 13256, 13260, 13264, 12556, 12898, 13278, 13516, 510...... 13181 27...... 12537 13511, 13514, 13671, 13679 13684 516...... 13181 35...... 13449 62...... 11916 101...... 13266 520...... 13181 50...... 12537 81...... 12892 522...... 13181 271...... 12895 48 CFR 33 CFR 524...... 13181 282...... 12145 Ch. 1 ...... 13794 526...... 13181 117...... 12821 44 CFR 4...... 13794 529...... 13181 165 ...... 12539, 12541, 12543, 52...... 13794 556...... 13181 13649, 13651, 13653 64...... 12117 558...... 13181 Proposed Rules: 49 CFR 1308...... 11862, 12257 96...... 11913 45 CFR 191...... 12834 Proposed Rules: 165...... 12887 Proposed Rules: 1308...... 12296 160...... 13683 192...... 12834, 12835 34 CFR 164...... 13683 209...... 11888 22 CFR 211...... 11888 Proposed Rules: 389...... 11891 Proposed Rules: Ch. III ...... 12136 46 CFR 213...... 11905 361...... 13511 Proposed Rules: Proposed Rules: 71...... 11913 571...... 13684 24 CFR 37 CFR 115...... 11913 3280...... 13645 210...... 12822 176...... 11913 50 CFR 3282...... 13645 17 ...... 11892, 13200, 13465 3285...... 13645 40 CFR 47 CFR 300...... 13475 49...... 12260 0...... 12545 635 ...... 12291, 12548, 13491 26 CFR 52 ...... 11867, 11870, 11872, 1...... 12545 679 ...... 11895, 13215, 13493 1 ...... 12821, 13191, 13647, 11873, 11875, 11878, 12092, 25...... 11880 680...... 11895 13648 12095, 12107, 12263, 12265, 27...... 13659 Proposed Rules: Proposed Rules: 12270, 12827, 13191, 13655, 74...... 13660 17...... 12563 1...... 12886, 13250 13658 Proposed Rules: 223...... 13517, 13518 62...... 12109, 13459 1 ...... 12146, 12312, 12556, 226...... 13517, 13518 29 CFR 81...... 12107 12898 622...... 12163, 12166 780...... 12535 141...... 12272 2...... 13266 648...... 12591

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