FEDERAL REGISTER
Vol. 86 Friday No. 125 July 2, 2021
Pages 35217–35382
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 86, No. 125
Friday, July 2, 2021
Agency for Toxic Substances and Disease Registry Special Local Regulation: NOTICES Swim for Special Operations Forces; San Diego Bay, San Meetings: Diego, CA, 35240–35242 Center for State, Tribal, Local, and Territorial Support Tribal Consultation Session, 35298–35299 Commerce Department See Foreign-Trade Zones Board Agriculture Department See International Trade Administration See Animal and Plant Health Inspection Service See Patent and Trademark Office See National Agricultural Statistics Service See Rural Business-Cooperative Service Committee for Purchase From People Who Are Blind or See Rural Housing Service Severely Disabled See Rural Utilities Service NOTICES NOTICES Procurement List; Additions and Deletions, 35276 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35259 Defense Department See Engineers Corps Animal and Plant Health Inspection Service NOTICES Drug Enforcement Administration Implementation of Revised Lacey Act Provisions, 35259– NOTICES 35261 Decision and Order: Keith A. Jenkins, NP, 35339–35345 Bureau of Consumer Financial Protection Spring Valley Family Pharmacy, 35336–35338 Importer of Controlled Substances Application: NOTICES Agency Information Collection Activities; Proposals, United States Pharmacopeial Convention, 35338–35339 Submissions, and Approvals, 35277 Education Department NOTICES Centers for Disease Control and Prevention Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Education Stabilization Fund—Elementary and Submissions, and Approvals, 35292–35298 Secondary School Emergency Relief Fund Recipient Meetings: Data Collection Form, 35278–35279 Advisory Committee on Immunization Practices, 35299 Rural, Insular, and Native Achievement Programs Center for State, Tribal, Local, and Territorial Support Progress Update Protocol, 35279–35280 Tribal Consultation Session, 35298–35299 Trends in International Mathematics and Science Study Requests for Nominations: Field Test Data Collection and Main Study Sampling, Advisory Board on Radiation and Worker Health for the Recruitment, and Data Collection, 35277–35278 Energy Employees Occupational Illness Compensation Program Act, 35291–35292 Energy Department See Federal Energy Regulatory Commission Centers for Medicare & Medicaid Services NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Alaska Liquefied Natural Gas Project, 35280–35281 Submissions, and Approvals, 35300–35301 Engineers Corps Children and Families Administration RULES NOTICES Emergency Supplies of Drinking Water, 35226 Agency Information Collection Activities; Proposals, Procurement Activities, 35225–35226 Submissions, and Approvals: Assessing the Implementation and Cost of High-Quality Environmental Protection Agency Early Care and Education: Field Test, 35301–35302 PROPOSED RULES Air Quality Designations: Coast Guard North Carolina: Redesignation of the Brunswick County RULES 2010 Sulfur Dioxide Unclassifiable Area, 35254– Safety Zone: 35257 Annual Events in the Captain of the Port Buffalo Zone, Air Quality State Implementation Plans; Approvals and 35225 Promulgations: Independence Day Celebration, Bridge Side Marina, LA, Michigan; Partial Approval and Partial Disapproval for 35224–35225 Infrastructure SIP Requirements for the 2015 Ozone PROPOSED RULES NAAQS, 35247–35254 Safety Zone: North Carolina; Mecklenburg Miscellaneous Rules Ohio River, Newburgh, IN, 35242–35244 Revisions, 35244–35247
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NOTICES Initial Market-Based Rate Filings Including Requests for Agency Information Collection Activities; Proposals, Blanket Section 204 Authorizations: Submissions, and Approvals: Lincoln Land Wind, LLC, 35284–35285 Mobile Air Conditioner Retrofitting Program, 35287– Peoples Natural Gas, 35283 35288 Environmental Impact Statements; Availability, etc.: Federal Motor Carrier Safety Administration Weekly Receipt, 35288 NOTICES Meetings: Meetings: Clean Air Act Advisory Committee, 35286–35287 Motor Carrier Safety Advisory Committee, 35375–35376
Export-Import Bank Federal Reserve System NOTICES NOTICES Applications for Long-Term Loans or Financial Guarantees Change in Bank Control: in Excess of $100 Million, 35288 Acquisitions of Shares of a Bank or Bank Holding Company, 35290–35291 Federal Aviation Administration RULES Federal Trade Commission Airspace Designations and Reporting Points: PROPOSED RULES Nashville, TN, 35221 Regulatory Review Schedule, 35239–35240 Airworthiness Directives: International Aero Engines AG Turbofan Engines, 35217– Food and Drug Administration 35221 NOTICES PROPOSED RULES Guidance: Airspace Designations and Reporting Points: Assessment of Adhesion for Topical and Transdermal Concord, NC, 35237–35238 Systems Submitted in New Drug Applications, Midwestern United States, 35235–35237 35304–35305 Vicinity of Worthington, MN, 35233–35235 Evaluating Cancer Drugs in Patients with Central Nervous NOTICES System Metastases, 35305–35307 Land Release Request: Providing Regulatory Submissions in Alternate Electronic Ellington Field, Houston, TX, 35375 Format, 35302–35303 Issuance of Priority Review Voucher: Federal Bureau of Investigation Rare Pediatric Disease Product, 35307 NOTICES Meetings: Agency Information Collection Activities; Proposals, Circulatory System Devices Panel of the Medical Devices Submissions, and Approvals: Advisory Committee, 35303–35304 Cargo Theft Incident Report, 35346 Customer Satisfaction Assessment Survey, 35345–35346 Foreign-Trade Zones Board NOTICES Federal Communications Commission Approval of Expansion and Modification of Subzone: RULES Phillips 66 Co., Subzone 149C, Brazoria County, TX, Television Broadcasting Services: 35263 Peoria and Oswego, IL, 35231–35232 Termination of Review of Production Notification: NOTICES M.M.O. Companies, Inc., Foreign-Trade Zone 31, Granite Agency Information Collection Activities; Proposals, City, IL, 35263 Submissions, and Approvals, 35289–35290 Alert Reporting System Available for Filing of State Health and Human Services Department Emergency Alert System Plans, 35288–35289 See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention Federal Deposit Insurance Corporation See Centers for Medicare & Medicaid Services NOTICES See Children and Families Administration Meetings: See Food and Drug Administration Advisory Committee on Community Banking, 35290 See National Institutes of Health
Federal Emergency Management Agency Homeland Security Department NOTICES See Coast Guard Meetings: See Federal Emergency Management Agency Pandemic Response Voluntary Agreement under the Defense Production Act, 35309–35310 Housing and Urban Development Department NOTICES Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Combined Filings, 35282–35286 Federal Housing Administration Catalyst: Multifamily Establishing Paper Hearing Procedures: Application Portal, 35310–35311 Neptune Regional Transmission System Long Island Request for Prepayment of Section 202 or 202/8 Direct Power Authority v. PJM Interconnection, LLC, 35286 Loan Project, 35314–35315 Filing: Regulatory Waiver Requests Granted for the First Quarter of PJM Interconnection, L.L.C., 35281–35282 Calendar Year 2021, 35315–35326
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Statutorily Mandated Designation of Difficult Development Labor Department Areas and Qualified Census Tracts: See Occupational Safety and Health Administration Revision of Effective Date for 2019 and 2020 Designations, 35311–35314 Land Management Bureau NOTICES Indian Affairs Bureau Environmental Impact Statements; Availability, etc.: NOTICES Blue Valley Land Exchange, Grand and Summit Counties, Alcoholic Beverage Control Ordinance: CO, 35329 Cayuga Nation of New York, 35326–35328 Indian Gaming: Legal Services Corporation Approval by Operation of Law of Tribal-State Class III NOTICES Gaming Compact in the State of Indiana, 35328– Meetings; Sunshine Act, 35350 35329 Approval of Tribal-State Class III Gaming Compact in the Management and Budget Office State of Minnesota, 35326 NOTICES North American Industry Classification System Updates for Interior Department 2022: See Indian Affairs Bureau Update of Statistical Policy Directive No. 8, Standard See Land Management Bureau Industrial Classification of Establishments; and See Ocean Energy Management Bureau Elimination of Statistical Policy Directive No. 9, See Reclamation Bureau Standard Industrial Classification of Enterprises, See Surface Mining Reclamation and Enforcement Office 35350–35365
Internal Revenue Service National Agricultural Statistics Service NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Art Advisory Panel, 35376 Submissions, and Approvals, 35261–35262 International Trade Administration National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Survey of International Air Travelers, 35271–35272 Submissions, and Approvals, 35365–35367 Antidumping or Countervailing Duty Investigations, Orders, National Endowment for the Arts or Reviews: Ripe Olives from Spain, 35266–35267 NOTICES Seamless Carbon and Alloy Steel Standard, Line, and Agency Information Collection Activities; Proposals, Pressure Pipe from the Republic of Korea, 35267– Submissions, and Approvals: 35269 American Rescue Plan Act Grants to Organizations and Seamless Carbon and Alloy Steel Standard, Line, and Grants to Local Arts Agencies for Subgranting Pressure Pipe from the Russian Federation, 35263– Notices of Funding Opportunities, 35367 35265 Meetings: Determination of Sales at Less Than Fair Value: Arts Advisory Panel, 35367 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Republic of Korea, 35274– National Foundation on the Arts and the Humanities 35276 See National Endowment for the Arts Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Russian Federation, 35269– National Institutes of Health 35271 NOTICES Seamless Carbon and Alloy Steel Standard, Line, and Meetings: Pressure Pipe from Ukraine, 35272–35274 National Institute of Allergy and Infectious Diseases, 35307–35308 International Trade Commission National Institute of Mental Health, 35309 NOTICES National Toxicology Program Board of Scientific Investigations; Determinations, Modifications, and Rulings, Counselors, 35308–35309 etc.: Certain Wireless Communications Equipment and National Science Foundation Components Thereof, 35335–35336 NOTICES Request for Information: Justice Department Directorate for Computer Information Science and See Drug Enforcement Administration Engineering, 35367–35368 See Federal Bureau of Investigation NOTICES Nuclear Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Revision of a currently approved collection: 2022 School Submissions, and Approvals: Crime Supplement to the National Crime Online Form, Request for Alternatives, 35368–35369 Victimization Survey, 35347 Meetings; Sunshine Act, 35369–35370
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Occupational Safety and Health Administration Small Business Administration NOTICES NOTICES Applications for Expansion of Recognition and Proposed Disaster Declaration: Modification to the Nationally Recognized Testing Kansas, 35371 Laboratory Program’s List of Appropriate Test Interest Rates, 35371 Standards: TUV SUD America, Inc., 35347–35349 Social Security Administration Ocean Energy Management Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Environmental Impact Statements; Availability, etc.: Submissions, and Approvals, 35371–35374 Proposed Wind Energy Facility Offshore Virginia, 35329– 35333 State Department PROPOSED RULES Patent and Trademark Office Acquisition Regulation: RULES Access to Contractor Records, 35257–35258 Mailing Address Changes Related to Deposit Accounts and NOTICES Patent Maintenance Fees, 35229–35231 Charter Renewal: Removal of Certain Rules of Patent Practice, 35226–35229 International Security Advisory Board, 35374–35375 Postal Regulatory Commission NOTICES Surface Mining Reclamation and Enforcement Office New Postal Products, 35370 NOTICES Agency Information Collection Activities; Proposals, Railroad Retirement Board Submissions, and Approvals: RULES Permanent Regulatory Program—Small Operator General Administration: Assistance Program, 35335 Availability of Information to the Public, 35221–35224 Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan, Reclamation Bureau 35334–35335 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transportation Department Recreation Survey Questions, 35333–35334 See Federal Aviation Administration See Federal Motor Carrier Safety Administration Rural Business-Cooperative Service NOTICES Treasury Department OneRD Annual Notice of Guarantee Fee Rates, Periodic See Internal Revenue Service Retention Fee Rates, Loan Guarantee Percentage and NOTICES Fee for Issuance of the Loan Note Guarantee Prior to Privacy Act; Systems of Records, 35376–35380 Construction Completion for Fiscal Year 2022, 35262– 35263 Veterans Affairs Department Rural Housing Service NOTICES NOTICES Agency Information Collection Activities; Proposals, OneRD Annual Notice of Guarantee Fee Rates, Periodic Submissions, and Approvals: Retention Fee Rates, Loan Guarantee Percentage and VHA Homeless Programs—Project CHALENG Fee for Issuance of the Loan Note Guarantee Prior to (Community Homelessness Assessment, Local Construction Completion for Fiscal Year 2022, 35262– Education and Networking Groups) for Veterans, 35263 35380–35381 Rural Utilities Service NOTICES Reader Aids OneRD Annual Notice of Guarantee Fee Rates, Periodic Retention Fee Rates, Loan Guarantee Percentage and Consult the Reader Aids section at the end of this issue for Fee for Issuance of the Loan Note Guarantee Prior to phone numbers, online resources, finding aids, and notice Construction Completion for Fiscal Year 2022, 35262– of recently enacted public laws. 35263 To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ Securities and Exchange Commission accounts/USGPOOFR/subscriber/new, enter your e-mail NOTICES address, then follow the instructions to join, leave, or Meetings; Sunshine Act, 35370 manage your subscription.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
14 CFR 39...... 35217 71...... 35221 Proposed Rules: 71 (3 documents) ...... 35233, 35235, 35237 16 CFR Proposed Rules: Ch. I ...... 35239 20 CFR 200...... 35221 33 CFR 165 (2 documents) ...... 35224, 35225 210...... 35225 214...... 35226 Proposed Rules: 100...... 35240 165...... 35242 37 CFR 1 (2 documents) ...... 35226, 35229 2...... 35229 40 CFR Proposed Rules: 52 (2 documents) ...... 35244, 35247 81...... 35254 47 CFR 73...... 35231 48 CFR Proposed Rules: 615...... 35257 652...... 35257
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Rules and Regulations Federal Register Vol. 86, No. 125
Friday, July 2, 2021
This section of the FEDERAL REGISTER The FAA must receive comments on A5, V2524–A5, V2527–A5, V2527E–A5, contains regulatory documents having general this AD by August 16, 2021. V2527M–A5, V2530–A5, and V2533–A5 applicability and legal effect, most of which ADDRESSES: You may send comments, model turbofan engines and, depending are keyed to and codified in the Code of using the procedures found in 14 CFR on the results of the USI, removal of the Federal Regulations, which is published under affected HPT disks from service. The 50 titles pursuant to 44 U.S.C. 1510. 11.43 and 11.45, by any of the following methods: FAA sent the emergency AD to all The Code of Federal Regulations is sold by • Federal eRulemaking Portal: Go to known U.S. owners and operators of the Superintendent of Documents. https://www.regulations.gov. Follow the these engines. That action was instructions for submitting comments. prompted by a review of investigative • Fax: (202) 493–2251. findings from an event involving an DEPARTMENT OF TRANSPORTATION • Mail: U.S. Department of uncontained failure of an HPT 1st-stage Transportation, Docket Operations, disk that resulted in high-energy debris Federal Aviation Administration M–30, West Building Ground Floor, penetrating the engine cowling. This Room W12–140, 1200 New Jersey condition, if not addressed, could result 14 CFR Part 39 Avenue SE, Washington, DC 20590. in uncontained HPT failure, release of [Docket No. FAA–2021–0509; Project • Hand Delivery: Deliver to Mail high-energy debris, damage to the Identifier AD–2021–00608–E; Amendment address above between 9 a.m. and 5 engine, damage to the airplane, and loss 39–21626; AD 2021–11–51] p.m., Monday through Friday, except of the airplane. Federal holidays. FAA’s Determination RIN 2120–AA64 For service information identified in this final rule, contact: International The FAA is issuing this AD because Airworthiness Directives; International the agency evaluated all the relevant Aero Engines AG Turbofan Engines Aero Engines AG, 400 Main Street, East Hartford, CT 06118; phone: (860) 565– information and determined the unsafe AGENCY: Federal Aviation 2391; email: [email protected]; condition described previously is likely Administration (FAA), DOT. website: http://fleetcare.pw.utc.com. to exist or develop in other products of the same type design. ACTION: Final rule; request for You may view this service information comments. at the FAA, Airworthiness Products Related Service Information Under 1 Section, Operational Safety Branch, CFR Part 51 SUMMARY: The FAA is adopting a new 1200 District Avenue, Burlington, MA The FAA reviewed IAE Non- airworthiness directive (AD) for certain 01803. For information on the Modification Service Bulletin (NMSB) International Aero Engines AG (IAE) availability of this material at the FAA, V2500–ENG–72–0713, Revision 1, dated V2522–A5, V2524–A5, V2527–A5, call (781) 238–7759. It is also available January 26, 2021 (IAE NMSB V2500– V2527E–A5, V2527M–A5, V2530–A5, at https://www.regulations.gov by ENG–72–0713). IAE NMSB V2500– and V2533–A5 model turbofan engines. searching for and locating Docket No. ENG–72–0713 specifies procedures for This AD was prompted by a review of FAA–2021–0509. investigative findings from an event performing an ultrasonic inspection of Examining the AD Docket involving an uncontained failure of a the HPT 1st-stage disk and the HPT 2nd- high-pressure turbine (HPT) 1st-stage You may examine the AD docket at stage disk installed on IAE V2500–A5 disk that resulted in high-energy debris https://www.regulations.gov by and V2500–D5 series engines. The FAA also reviewed IAE NMSB penetrating the engine cowling. This AD searching for and locating Docket No. V2500–E5–72–0015, dated December requires an ultrasonic inspection (USI) FAA–2021–0509; or in person at Docket 15, 2020 (IAE NMSB V2500–E5–72– of affected HPT 1st-stage disks and HPT Operations between 9 a.m. and 5 p.m., 0015). IAE NMSB V2500–E5–72–0015 2nd-stage disks and, depending on the Monday through Friday, except Federal specifies procedures for performing an results of the USI, removal of the holidays. The AD docket contains this ultrasonic inspection of the HPT 1st- affected HPT 1st-stage and HPT 2nd- final rule, any comments received, and stage disk and the HPT 2nd-stage disk stage disks from service. The FAA other information. The street address for Docket Operations is listed above. installed on V2500–E5 series engines. previously sent an emergency AD to all The Director of the Federal Register known U.S. owners and operators of FOR FURTHER INFORMATION CONTACT: approved IAE NMSB V2500–ENG–72– these engines and is now issuing this Alberto Hernandez, Aviation Safety 0713 and IAE NMSB V2500–E5–72– AD to address the unsafe condition on Engineer, ECO Branch, FAA, 1200 0015 for incorporation by reference as of these products. District Avenue, Burlington, MA 01803; July 13, 2021 (86 FR 30380, June 8, DATES: This AD is effective July 19, phone: (781) 238–7329; fax: (781) 238– 2021). This service information is 2021. Emergency AD 2021–11–51, 7999; email: Alberto.J.Hernandez@ reasonably available because the issued on May 21, 2021, which faa.gov. interested parties have access to it contained the requirements of this SUPPLEMENTARY INFORMATION: through their normal course of business amendment, was effective with actual or by the means identified in Background notice. ADDRESSES. The Director of the Federal Register On May 21, 2021, the FAA issued approved the incorporation by reference Emergency AD 2021–11–51 (the AD Requirements of certain publications identified in this emergency AD), which requires a USI of This AD requires a USI of affected AD as of July 13, 2021 (86 FR 30380, affected HPT 1st-stage disks and HPT HPT 1st-stage disks and HPT 2nd-stage June 8, 2021). 2nd-stage disks installed on IAE V2522– disks installed on IAE V2522–A5,
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V2524–A5, V2527–A5, V2527E–A5, of investigative findings performed received, without change, to https:// V2527M–A5, V2530–A5, and V2533–A5 since that event, the manufacturer has www.regulations.gov, including any model turbofan engines and, depending identified a different population of personal information you provide. The on the results of the USI, removal of the affected HPT 1st-stage and HPT 2nd- agency will also post a report affected HPT disks from service. stage disks that are affected by the same summarizing each substantive verbal unsafe condition and require USI and, Interim Action contact received about this final rule. depending on the results of the USI, The FAA considers this AD interim removal from service. Confidential Business Information action. The root cause of this event is The FAA considers removal of high- CBI is commercial or financial still under investigation. risk HPT 1st-stage and 2nd-stage disks information that is both customarily and Justification for Immediate Adoption to be an urgent safety issue. The USI of actually treated as private by its owner. the affected HPT disks must be and Determination of the Effective Date Under the Freedom of Information Act accomplished within 10 flight cycles (FOIA) (5 U.S.C. 552), CBI is exempt Section 553(b)(3)(B) of the after the effective date of this AD to from public disclosure. If your Administrative Procedure Act (APA) (5 identify HPT 1st-stage and 2nd-stage comments responsive to this AD contain U.S.C. 551 et seq.) authorizes agencies disks at risk of failure and to maintain commercial or financial information to dispense with notice and comment an acceptable level of safety. This that is customarily treated as private, procedures for rules when the agency, unsafe condition may result in loss of that you actually treat as private, and for ‘‘good cause,’’ finds that those the airplane. These conditions still that is relevant or responsive to this AD, procedures are ‘‘impracticable, exist, and therefore, notice and it is important that you clearly designate unnecessary, or contrary to the public opportunity for prior public comment the submitted comments as CBI. Please interest.’’ Under this section, an agency, are impracticable and contrary to public upon finding good cause, may issue a interest pursuant to 5 U.S.C. mark each page of your submission final rule without providing notice and 553(b)(3)(B). containing CBI as ‘‘PROPIN.’’ The FAA seeking comment prior to issuance. In addition, for the reasons stated will treat such marked submissions as Further, section 553(d) of the APA above, the FAA finds that good cause confidential under the FOIA, and they authorizes agencies to make rules exists pursuant to 5 U.S.C. 553(d) for will not be placed in the public docket effective in less than thirty days, upon making this amendment effective in less of this AD. Submissions containing CBI a finding of good cause. than 30 days, for the same reasons the should be sent to Alberto Hernandez, An unsafe condition exists that FAA finds good cause to forego notice Aviation Safety Engineer, ECO Branch, required the immediate adoption of and comment. FAA, 1200 District Avenue, Burlington, Emergency AD 2021–11–51, issued on MA 01803. Any commentary that the May 21, 2021, to all known U.S. owners Comments Invited FAA receives which is not specifically and operators of these engines. The FAA The FAA invites you to send any designated as CBI will be placed in the has found that the risk to the flying written data, views, or arguments about public docket for this rulemaking. public justified forgoing notice and this final rule. Send your comments to Regulatory Flexibility Act comment prior to adoption of this rule. an address listed under ADDRESSES. On March 18, 2020, an Airbus Model Include the Docket No. FAA–2021–0509 The requirements of the Regulatory A321–231 airplane, powered by IAE and Project Identifier AD–2021–00608– Flexibility Act (RFA) do not apply when V2533–A5 model turbofan engines, E at the beginning of your comments. an agency finds good cause pursuant to experienced an uncontained HPT 1st- The most helpful comments reference a 5 U.S.C. 553 to adopt a rule without stage disk failure that resulted in an specific portion of the final rule, explain prior notice and comment. Because FAA aborted takeoff. The uncontained failure the reason for any recommended has determined that it has good cause to of the HPT 1st-stage disk resulted in change, and include supporting data. adopt this rule without prior notice and high-energy debris penetrating the The FAA will consider all comments comment, RFA analysis is not required. engine cowling. The FAA published received by the closing date and may Emergency AD 2020–07–51 on March amend this final rule because of those Costs of Compliance 21, 2020 (followed by publication in the comments. Federal Register on April 13, 2020, as Except for Confidential Business The FAA estimates that this AD a Final Rule, Request for Comments (85 Information (CBI) as described in the affects 2 engines installed on airplanes FR 20402)), to remove from service HPT following paragraph, and other of U.S. registry. 1st-stage disks identified as having the information as described in 14 CFR The FAA estimates the following highest risk of failure. Based on a review 11.35, the FAA will post all comments costs to comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Ultrasonic inspection (includes actions necessary to 204 work-hours × $85 per hour = $0 $17,340 $34,680 disassemble the engine). $17,340.
The FAA estimates the following results of the inspection. The agency has aircraft that might need these costs to do any necessary replacements no way of determining the number of replacements: that would be required based on the
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ON-CONDITION COSTS
Cost per Action Labor cost Parts cost product
Replace the HPT 1st-stage disk or HPT 2nd-stage 0 work-hours × $85 per hour = $0 ...... $300,000 $300,000 disk.
Authority for This Rulemaking List of Subjects in 14 CFR Part 39 (1) A high-pressure turbine (HPT) 1st-stage disk, part number (P/N) 2A5001, with serial Title 49 of the United States Code Air transportation, Aircraft, Aviation number (S/N), PKLBR34908, PKLBR59989, specifies the FAA’s authority to issue safety, Incorporation by reference, PKLBR83471, PKLBSC9996, PKLBSG0105, rules on aviation safety. Subtitle I, Safety. PKLBSG9043 or PKLBSH1829, installed; or section 106, describes the authority of The Amendment (2) An HPT 2nd-stage disk, P/N 2A4802, the FAA Administrator. Subtitle VII: with S/N PKLBR87800, PKLBR88708 Aviation Programs describes in more Accordingly, under the authority PKLBR89452, PKLBSA9907, PKLBSH9246, detail the scope of the Agency’s delegated to me by the Administrator, PKLBSC8066, PKLBSC8077, or PKLBSG2213, authority. the FAA amends 14 CFR part 39 as installed. The FAA is issuing this rulemaking follows: under the authority described in (d) Subject Subtitle VII, Part A, Subpart III, Section PART 39—AIRWORTHINESS Joint Aircraft System Component (JASC) 44701: General requirements. Under DIRECTIVES Code 7250, Turbine Section. that section, Congress charges the FAA ■ 1. The authority citation for part 39 (e) Unsafe Condition with promoting safe flight of civil continues to read as follows: aircraft in air commerce by prescribing This AD was prompted by a review of investigative findings from an event regulations for practices, methods, and Authority: 49 U.S.C. 106(g), 40113, 44701. involving an uncontained failure of an HPT procedures the Administrator finds § 39.13 [Amended] 1st-stage disk that resulted in high-energy necessary for safety in air commerce. debris penetrating the engine cowling. The This regulation is within the scope of ■ 2. The FAA amends § 39.13 by adding the following new airworthiness FAA is issuing this AD to prevent failure of that authority because it addresses an the HPT. The unsafe condition, if not unsafe condition that is likely to exist or directive: addressed, could result in uncontained HPT develop on products identified in this 2021–11–51 International Aero Engines failure, release of high-energy debris, damage rulemaking action. AG: Amendment 39–21626; Docket No. to the engine, damage to the airplane, and FAA–2021–0509; Project Identifier AD– loss of the airplane. Regulatory Findings 2021–00608–E. (f) Compliance This AD will not have federalism (a) Effective Date implications under Executive Order Comply with this AD within the 13132. This AD will not have a This airworthiness directive (AD) is compliance times specified, unless already effective without actual notice on July 19, done. substantial direct effect on the States, on 2021. Emergency AD 2021–11–51, issued on the relationship between the national May 21, 2021, which contained the (g) Required Actions government and the States, or on the requirements of this amendment, was (1) For affected engines with an installed distribution of power and effective with actual notice. HPT 1st-stage disk listed in Table 1 to responsibilities among the various (b) Affected ADs paragraph (g)(1) of this AD, within 10 flight levels of government. None. cycles after the effective date of this AD, For the reasons discussed above, I perform an ultrasonic inspection (USI) of the certify that this AD: (c) Applicability HPT 1st-stage disk using the (1) Is not a ‘‘significant regulatory This AD applies to International Aero Accomplishment Instructions, paragraph 6, action’’ under Executive Order 12866, Engines AG (IAE) V2522–A5, V2524–A5, of IAE Non-Modification Service Bulletin and V2527–A5, V2527E–A5, V2527M–A5, (NMSB) V2500–ENG–72–0713, Revision 1, (2) Will not affect intrastate aviation V2530–A5, and V2533–A5 model turbofan dated January 26, 2021 (IAE NMSB V2500– in Alaska. engines with: ENG–72–0713).
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Table 1 to Paragraph (g)(l)-HPT 1st-Stage Disk with Known Engine Installations Engine Serial Number HPT 1st-Stage Disk Serial Number Vl1020 PKLBSC9996 V12788 PKLBR59989 V13037 PKLBSH1829 Vl5159 PKLBR34908 Vl6796 PKLBSG9043 V16799 PKLBSG0105 Vl6912 PKLBR83471
(2) For affected engines with an installed cycles after the effective date of this AD, paragraph 7, of IAE NMSB V2500–ENG–72– HPT 2nd-stage disk listed in Table 2 to perform a USI of the HPT 2nd-stage disk 0713. paragraph (g)(2) of this AD, within 10 flight using the Accomplishment Instructions,
Table 2 to Paragraph (g)(2) - HPT 2nd-Stage Disk with Known Engine Installation Engine Serial Number HPT 2nd-Stage Disk Serial Number Vl1901 PKLBSG2213 V12308 PKLBSH9246 Vl2644 PKLBSC8066 V13111 PKLBR89452 V15434 PKLBR88708 V15737 PKLBSC8077 Vl6085 PKLBSA9907 Vl7869 PKLBR87800
(3) If, during the USI required by or Appendix A, Tables 1 and 2, of IAE NMSB 238–7329; fax: (781) 238–7999; email: paragraphs (g)(1) and (2) of this AD, an HPT V2500–E5–72–0015. [email protected]. 1st-stage disk or HPT 2nd-stage disk does not (i) Alternative Methods of Compliance (k) Material Incorporated by Reference pass the USI as specified in the (AMOCs) Accomplishment Instructions, paragraph 8., (1) The Director of the Federal Register of IAE NMSB V2500–ENG–72–0713, (1) The Manager, ECO Branch, FAA, has approved the incorporation by reference Revision 1, before further flight, remove the the authority to approve AMOCs for this AD, (IBR) of the service information listed in this HPT 1st-stage disk or 2nd-stage disk, as if requested using the procedures found in 14 paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. applicable, from service and replace with a CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector (2) You must use this service information part eligible for installation. or local Flight Standards District Office, as as applicable to do the actions required by (h) Definition appropriate. If sending information directly this AD, unless the AD specifies otherwise. to the manager of the certification office, (3) The following service information was For the purpose for this AD, a ‘‘part eligible send it to the attention of the person approved for IBR on July 13, 2021 (86 FR for installation’’ is: identified in Related Information. You may 30380, June 8, 2021). (1) An HPT 1st-stage disk or HPT 2nd-stage email your request to ANE-AD-AMOC@ (i) IAE Non-Modification Service Bulletin disk listed in Appendix A, Tables 1 and 2, faa.gov. (NMSB) V2500–ENG–72–0713, Revision 1, of IAE NMSB V2500–ENG–72–0713, or (2) Before using any approved AMOC, dated January 26, 2021. Appendix A, Tables 1 and 2, of IAE NMSB notify your appropriate principal inspector, (ii) IAE NMSB V2500–E5–72–0015, dated V2500–E5–72–0015, dated December 15, or lacking a principal inspector, the manager December 15, 2020. 2020 (IAE NMSB V2500–E5–72–0015) that of the local flight standards district office/ (4) For International Aero Engines service has passed the USI as specified in the certificate holding district office. information identified in this AD, contact Accomplishment Instructions, paragraph 8., International Aero Engines AG, 400 Main of IAE NMSB V2500–ENG–72–0713 or NMSB (j) Related Information Street, East Hartford, CT 06118; phone: (860) V2500–E5–72–0015, or For more information about this AD, 565–2391; email: [email protected]; (2) An HPT 1st-stage disk or HPT 2nd-stage contact Alberto Hernandez, Aviation Safety website: http://fleetcare.pw.utc.com. disk that is not listed in Appendix A, Tables Engineer, ECO Branch, FAA, 1200 District (5) You may view this service information 1 and 2, of IAE NMSB V2500–ENG–72–0713 Avenue, Burlington, MA 01803; phone: (781) at FAA, Airworthiness Products Section,
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Operational Safety Branch, 1200 District History advance by a Notice to Airmen. The effective Avenue, Burlington, MA 01803. For dates and times will thereafter be information on the availability of this The FAA published a final rule in the continuously published in the Chart material at the FAA, call (781) 238–7759. Federal Register (85 FR 76958; Supplement. (6) You may view this service information December 1, 2020) for Docket FAA– that is incorporated by reference at the 2020–0701 establishing Class D airspace § 71.1 [Corrected] National Archives and Records and Class E airspace designated as an ■ 4. On page 76959, in the third column, Administration (NARA). For information on extension to a Class D or Class E surface remove lines 31 through 45, without the availability of this material at NARA, area, and amending Class E airspace replacement. email: [email protected], or go to: extending upward from 700 feet above https://www.archives.gov/federal-register/cfr/ the surface. Subsequent to publication, Issued in College Park, Georgia, on June 28, ibr-locations.html. 2021. the FAA identified errors in how the Issued on June 18, 2021. Class D airspace is described, as well as Matthew N. Cathcart, Lance T. Gant, determining the Class E surface Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Director, Compliance & Airworthiness extensions needed to be added to the Organization. Division, Aircraft Certification Service. Class D description. This action corrects [FR Doc. 2021–14164 Filed 7–1–21; 8:45 am] [FR Doc. 2021–14268 Filed 6–30–21; 11:15 am] these errors. BILLING CODE 4910–13–P BILLING CODE 4910–13–P Class D and Class E airspace designations are published in Paragraph 5000, 6004 and 6005, respectively, of DEPARTMENT OF TRANSPORTATION FAA Order 7400.11E, dated July 21, RAILROAD RETIREMENT BOARD 2020, and effective September 15, 2020, Federal Aviation Administration which is incorporated by reference in 14 20 CFR Part 200 CFR 71.1. The Class E airspace RIN 3220–AB70 14 CFR Part 71 designations listed in this document will be published subsequently in the General Administration: Availability of [Docket No. FAA–2020–0701; Airspace Order. Information to the Public Docket No. 20–ASO–19] Correction to Final Rule AGENCY: Railroad Retirement Board. RIN 2120–AA66 Accordingly, pursuant to the ACTION: Interim final rule with request authority delegated to me, Amendment for comments. Establishment of Class D Airspace and of the Class D Airspace and Class E SUMMARY: The Railroad Retirement Amendment of Class E Airspace; Airspace; Nashville, TN, published in Board (RRB) amends its regulations to Nashville, TN; Correction the Federal Register of December 1, comply with the requirements of the 2020 (85 FR 76958), FR Doc. 2020– AGENCY: Freedom of Information Act (FOIA) Federal Aviation 26439, is corrected as follows: Administration (FAA), DOT. Improvement Act of 2016 and to make ACTION: Final rule; correction. § 71.1 [Corrected] certain corrections. In addition, this rule ■ 1. On page 76958, in the second amends certain provisions in the fee SUMMARY: The Federal Aviation column, beginning on line 49, the section to reflect developments in the Administration (FAA) is correcting a subject heading is corrected to read as law and to streamline the description of final rule that appeared in the Federal follows: Establishment of Class D and the factors considered when making fee Register on December 1, 2020, Amendment of Class E Airspace; waiver determinations. establishing Class D and E airspace for Nashville, TN. DATES: John C. Tune Airport, Nashville, TN. Effective date: This rule is effective This action corrects the legal § 71.1 [Corrected] July 2, 2021. description of the Class D airspace by ■ 2. On page 76959, in the first column, Comment due date: Comments are amending the ceiling to 2,500 feet, beginning on line 53, the description of due by August 2, 2021. adding the Class E extensions to the the airspace is corrected to read as ADDRESSES: You may send comments, Class D description, and adjusting the follows: establishes Class D airspace for identified by RIN 3220–AB70, by any of extension bearings. In addition, this John C. Tune Airport, Nashville, TN, as the following methods: action removes the Class E airspace a new air traffic control tower shall Email: [email protected]. designated as an extension to a Class D service the airport. Include RIN 3220–AB70 in the subject or Class E surface area, established in line of the message. § 71.1 [Corrected] the final rule. Mail: Secretary to the Board, Railroad DATES: Effective 0901 UTC, August 12, ■ 3. On page 76959, in the third column, Retirement Board, 844 N Rush St., 2021. The Director of the Federal beginning on line 22, the description of Chicago, IL 60611–1275. Register approves this incorporation by the Class D airspace is corrected to read Instructions: All submissions received reference action under 1 CFR part 51, as follows: must include the agency name and subject to the annual revision of FAA That airspace upward from the surface to docket number or Regulatory Order 7400.11 and publication of and including 2,500 feet MSL within a 4.1- Information Number (RIN) for this conforming amendments. mile radius of John C. Tune Airport, and rulemaking. For detailed instructions on FOR FURTHER INFORMATION, CONTACT: within 1.2-miles each side of the 195° bearing sending comments and additional John Fornito, Operations Support from the airport, extending from the 4.1-mile information on the rulemaking process, Group, Eastern Service Center, Federal radius to 6.1-miles south of the airport, and see the ‘‘Public Participation’’ heading within 1.2-miles each side of the 015° bearing Aviation Administration, 1701 of the SUPPLEMENTARY INFORMATION from the airport, extending from the 4.1-mile Columbia Avenue, College Park, GA radius to 6.1-miles north of the airport. This section of this document. 30337; telephone (404) 305–6364. Class D airspace area is effective during the FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: specific dates and times established in Marguerite P. Dadabo, (312) 751–4945,
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TTD (312) 751–4701, INFORMATION’’ in the first paragraph Paperwork Reduction Act [email protected]. of your comment. You also must locate The RRB has determined that the SUPPLEMENTARY INFORMATION: The all the personal identifying information Paperwork Reduction Act, 44 U.S.C. Railroad Retirement Board (RRB) you do not want posted online in the 3501 et seq., does not apply because amends 20 CFR 200.4 to comply with first paragraph of your comment and these regulations do not contain any the FOIA Improvement Act of 2016 identify what information you want information collection requirements (Pub. L. 114–185). The amendments redacted. If you want to submit subject to OMBs approval. address procedures for notifying confidential business information as requesters of availability of assistance part of your comment, but do not want Unfunded Mandates Reform Act of 1995 and/or for engaging in dispute it to be posted online, you must include This rule will not result in the resolution through the FOIA Public the phrase ‘‘CONFIDENTIAL BUSINESS expenditure by state, local, or tribal Liaison and the Office of Government INFORMATION’’ in the first paragraph governments, in the aggregate, or by the Information Services (OGIS), and extend of your comment. You also must private sector of $100 million or more the time to file an administrative appeal prominently identify any confidential in any one year, and it will not to 90 days. In addition, the amendments business information to be redacted significantly or uniquely affect small to § 200.4 provide procedures for within the comment. If a comment has governments. Therefore, no actions are determining when fees for FOIA so much confidential business necessary under the statutory provisions requests should be waived or reduced, information that it cannot be effectively of the Unfunded Mandates Reform Act how requesters may seek fee waivers, redacted, all or part of that comment of 1995, 2 U.S.C. 1501, et seq. and when restrictions on charging fees may not be posted. Personal identifying should apply. The amendment also Regulatory Flexibility Act information and confidential business provides procedures for requesting In accordance with the Regulatory information identified and located as set expedited processing where compelling Flexibility Act, 5 U.S.C. 605(b), the RRB forth above will be placed in the need is shown. The amendment also has determined that this rule will not agency’s public docket file, but not adds a category of documents that are have a significant economic impact on available for public inspection. The posted online. If you wish to inspect the a substantial number of small entities amendment corrects various agency’s public docket file in person, because it pertains to administrative typographical errors or changes in please see the FOR FURTHER INFORMATION matters affecting the agency. nomenclature. Lastly, consistent with CONTACT section above to schedule an current policy of the RRB, this appointment. Executive Order 12866—Regulatory amendment replaces the word ‘‘Board’’ Review Statutory and Executive Order Reviews with ‘‘RRB’’ in those instances where The Office of Management and the text refers to the agency rather than Administrative Procedure Act Budget, has determined that this is not the three-member Board. a significant regulatory action under The RRB’s implementation of this rule Public Participation Executive Order 12866, as amended. as an interim final rule, with provision Therefore, no regulatory impact analysis The RRB is issuing an interim rule to for post-promulgation public comment, is required. There are no changes to the make these revisions in the RRB’s FOIA is based on section 553(b) of the information collections associated with regulations, because these changes Administrative Procedure Act. 5 U.S.C. § 200.4, because these materials are merely bring the regulations into 553(b). Under section 553(b), an agency already available in electronic format. alignment with the provisions contained may issue a rule without notice of in the FOIA Improvement Act of 2016 proposed rulemaking and the pre- Executive Order 12988—Civil Justice Reform and with current case law and to clarify promulgation opportunity for public the procedure the RRB uses with respect comment, with regard to ‘‘interpretative This rule meets the applicable to fee determinations. This approach rules, general statements of policy, or standards under sections 3(a) and 3(b) of allows these regulatory changes to take rules of agency organization, procedure, Executive Order 12988, Civil Justice effect sooner than would otherwise be or practice.’’ The RRB has determined Reform. possible with the publication of a notice that many of the revisions being made Executive Order 13132—Federalism of proposed rulemaking in advance. are interpretive rules issued by the RRB, Nevertheless, the RRB welcomes public as they merely advise the public of the This rule will not have substantial comments from any interested person RRB’s construction of the new statute direct effect on the states, on the on any aspect of the changes made by and clarify the application of the relationship between the National this interim final rule. Please refer to the Government and the states, or on the substantive law. Moreover, the RRB has ADDRESSES section above. The RRB will distribution of power and determined that the remaining revisions carefully consider all public comments responsibilities among the various in the drafting of the final rule. are rules of agency procedure or levels of government. Therefore, the Please note that all comments practice, as they do not change the RRB has determined this rule does not received are considered part of the substantive standards the agency have sufficient federalism implications public record. The information made applies in implementing the FOIA. The to warrant the preparation of a available includes personal identifying RRB has also concluded that there is federalism summary impact statement information (such as name and address) good cause to find that a pre-publication in accordance with Executive Order voluntarily submitted by the public comment period is unnecessary. 13132, Federalism. commenter. If you want to submit These revisions to the existing personal identifying information (such regulations in 20 CFR 200.4 merely List of Subjects in 20 CFR Part 200 as your name and address) as part of implement the statutory changes, align Administrative practice and your comment, but do not want it to be the RRB’s regulations with controlling procedure, Railroad employees, posted online, you must include the judicial decisions, and clarify agency Railroad retirement, Reporting and phrase ‘‘PERSONAL IDENTIFYING procedures. recordkeeping requirements.
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For the reasons stated in the ■ m. In paragraph (g)(7), remove Administration’’ and in its place add preamble, the Railroad Retirement ‘‘Board’’ and add in its place ‘‘RRB’’; ‘‘General Counsel’’ and remove the Board amends 20 CFR part 200 as ■ n. Add paragraphs (g)(8) and (9); address ‘‘844 North Rush Street, follows: ■ o. In paragraph (h), remove the word Chicago, Illinois 60611–2092’’ and in its ‘‘North’’ and add in its place the place add ‘‘Room 836, 844 N. Rush PART 200—GENERAL abbreviation ‘‘N.’’ and remove ‘‘, Street, Chicago, Illinois 60611–1275’’; ADMINISTRATION [email protected]’’ and add in ■ dd. In newly redesignated paragraph its place ‘‘to EFOIA https:// (p)(4)(vii), remove the reference to ‘‘(o)’’ ■ 1. The authority citation for part 200 secure.rrb.gov/efoia/’’; and in its place add ‘‘(p)’’; and is revised to read as follows: ■ p. Redesignate paragraphs (i) through ■ ee. In newly redesignated paragraph Authority: 45 U.S.C. 231f(b)(5) and 45 (p) as paragraphs (j) through (q); (q), remove ‘‘Director of U.S.C. 362; ■ q. Add a new paragraph (i); Administration’’ and in its place add Section 200.4 also issued under 5 U.S.C. ■ r. In newly redesignated paragraph (j): ‘‘General Counsel’’. 552; ■ i. Remove references to ‘‘(j)(1)’’ and The addition and revisions read as Section 200.5 also issued under 5 U.S.C. ‘‘(j)’’ add in their places ‘‘(k)(1)’’ and follows: 552a; ‘‘(k)’’, respectively; and Section 200.6 also issued under 5 U.S.C. ■ ii. Add a sentence to the end of the § 200.4 Availability of information to the 552b; and public. Section 200.7 also issued under 31 U.S.C. paragraph; ■ (a) * * * 3717. s. In newly redesignated paragraph (k) introductory text: (4) Copies of all records, regardless of ■ 2. Amend § 200.4 as follows: ■ i. Remove the phrase ‘‘Secretary of the form or format— ■ a. Remove the word ‘‘and’’ at the end Board within 20’’ and add in its place (i) That have been released to any of paragraph (a)(2); the phrase ‘‘Secretary to the Board person under paragraph (f) of this ■ b. Remove the period and in its place within 90’’; and section; and (ii) That because of the nature of their add ‘‘; and’’ at the end of paragraph ■ ii. Remove the reference to ‘‘(j)(1)’’ subject matter, the RRB determines have (a)(3); and add in its place ‘‘(k)(1)’’; ■ c. Add paragraph (a)(4); ■ t. In newly redesignated paragraph become or are likely to become the ■ d. In paragraph (c): (k)(1), remove the reference to ‘‘(i) and subject of subsequent requests for ■ i. Remove the phrase at the beginning substantially the same records, or that of the first sentence ‘‘There shall be (j)’’ and in its place add ‘‘(j) and (k)’’; ■ u. In newly redesignated paragraph have been requested 3 or more times. maintained in the Board’s library’’ and (k)(2), remove the reference to ‘‘(i) and * * * * * add in its place ‘‘The RRB shall (j)’’ and in its place add ‘‘(j) and (k)’’ and (g) * * * maintain’’; remove ‘‘Board’’ and ‘‘Board’s’’ and add (2) * * * ■ ii. Remove the phrase at the end of the (iii) * * * The term ‘‘representative of second sentence ‘‘and copying at the in their places ‘‘RRB’’ and ‘‘RRB’s’’, respectively; the news media’’ refers to any person or Board’s headquarters offices located at ■ entity that actively gathers information 844 Rush Street, Chicago, Illinois, v. In newly redesignated paragraph (l), remove ‘‘Executive Director’’ and add in of potential interest to a segment of the during the normal business hours of the public, uses its editorial skills to turn Board’’ and add in its place ‘‘in an its place ‘‘General Counsel’’; ■ w. In newly redesignated paragraph the raw materials into a distinct work, electronic format at RRB.gov’’; and and distributes that work to an ■ iii. At the end of the third sentence (n), remove ‘‘Board’’ and add in its place ‘‘RRB’’; audience. The term ‘‘news’’ means add the phrase ‘‘to the General Counsel, ■ information that is about current events Railroad Retirement Board, Room 836, x. In newly redesignated paragraph (o)(2), remove ‘‘Executive Director’’ and or that would be of current interest to 844 N. Rush Street, Chicago, Illinois the public. Examples of news media 60611–1275’’; add in its place ‘‘General Counsel’’ and remove ‘‘Board’’ and add in its place entities include television or radio ■ e. In paragraph (d): stations that broadcast ‘‘news’’ to the ■ i. Remove the word ‘‘Board’’ and add ‘‘RRB’’; ■ y. In newly redesignated paragraph public at large and publishers of in its place ‘‘RRB’’; periodicals that disseminate ‘‘news’’ ■ (o)(5), remove ‘‘Board’’ and add in its ii. In the first sentence, after the word and make their products available ‘‘request’’ add the phrase ‘‘in an place ‘‘RRB’’; ■ z. In newly redesignated paragraph (p) through a variety of means to the electronic format’’; and general public, including news ■ iii. In the second sentence, remove introductory text: organizations that disseminate solely on ‘‘North’’ and add in its place ‘‘N.’’ and ■ i. Remove ‘‘This paragraph and the internet. A request for records remove the zipcode ‘‘60611–2092’’ and paragraph (p)’’ and add in its place supporting the news-dissemination add in its place ‘‘60611–1275’’; ‘‘This paragraph (p) and paragraph (q)’’; function of the requester shall not be ■ f. In paragraph (g)(2)(iii), remove the and ■ considered to be for a commercial use. first four sentences of the paragraph and ii. Remove the reference to ‘‘(o)(4)(vii) ‘‘Freelance’’ journalists who add six sentences in their place; and (p)’’ and add in its place ‘‘(p)(4)(vii) ■ g. In paragraph (g)(2)(iv), remove and (q)’’; demonstrate a solid basis for expecting ‘‘Board’s’’ and add in its place ‘‘RRB’s’’; ■ aa. In newly redesignated paragraph publication through a news media entity ■ h. Add a sentence at the end of (p)(1), remove ‘‘Board’’ and add in its shall be considered as a representative paragraph (g)(2)(v); place ‘‘RRB’’; of the news media. A publishing ■ i. In paragraph (g)(3), remove ‘‘Board’’ ■ bb. In newly redesignated paragraph contract would provide the clearest and add in its place ‘‘RRB’’; (p)(2), remove ‘‘Board’’ and ‘‘Board’s’’ evidence that publication is expected; ■ j. In paragraph (g)(5)(i)(A), remove and add in their places ‘‘RRB’’ and however, the RRB will also consider a ‘‘RRV’’ and add in its place ‘‘RRB’’; ‘‘RRB’s’’, respectively, and remove the requester’s past publication record in ■ k. In paragraph (g)(5)(ii), remove reference to ‘‘(o)(4)’’ and add in its place making this determination. * * * ‘‘Board’’ and add in its place ‘‘RRB’’; ‘‘(p)(4)’’; * * * * * ■ l. In paragraph (g)(6), remove ‘‘fo’’ and ■ cc. In newly redesignated paragraph (v) * * * Requesters may seek a add in its place ‘‘of’’; (p)(3), remove ‘‘Director of waiver of fees by submitting a written
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application demonstrating how commence on the date that the request extends beyond the public’s right to disclosure of the requested information is received by the office that is know about government activity is in the public interest because it is designated to receive requests, but in generally. The existence of numerous likely to contribute significantly to any event not later than 10 working articles published on a given subject can public understanding of the operations days after the request is first received by be helpful in establishing the or activities of the government and is any office that is designated by these requirement that there be an ‘‘urgency to not primarily in the commercial interest regulations to receive requests. inform’’ the public on the topic. As a of the requester. (1) Unusual circumstances. Whenever matter of administrative discretion, an * * * * * the RRB cannot meet the statutory time agency may waive the formal (8) Restriction on charging fees. If the limit for processing a request because of certification requirement. RRB fails to comply with the FOIA’s ‘‘unusual circumstances,’’ as defined in (iv) The RRB shall notify the requester time limits in which to respond to a the FOIA, and the RRB extends the time within 10 calendar days of the receipt request, it may not charge search fees, limit on that basis, the RRB shall, before of a request for expedited processing of or, in the instances of requests from expiration of the 20-day period to its decision whether to grant or deny requesters described in paragraphs respond, notify the requester in writing expedited processing. If expedited (g)(2)(ii) and (iii) of this section, may not of the unusual circumstances involved processing is granted, the request will charge reproduction fees except as and of the date by which the RRB be given priority and will be processed described in paragraphs (g)(8)(i) and (ii) estimates processing of the request will as soon as practicable. If a request for of this section. be completed. Where the extension expedited processing is denied, the RRB (i) If the RRB has determined that exceeds 10 working days, the RRB shall, will act on any appeal of that decision unusual circumstances as defined by the as described by the FOIA, provide the expeditiously. FOIA apply and the agency provided requester with an opportunity to modify (j) * * * Additionally, any grant shall timely written notice to the requester in the request or arrange an alternative contain a statement notifying the accordance with the FOIA, a failure to time period for processing the original requester of the assistance available comply with the time limit shall be or modified request. The RRB shall from the RRB’s FOIA Public Liaison, excused for an additional 10 days. make available its designated FOIA and any denial shall contain a statement (ii) If the RRB has determined that Public Liaison for this purpose. The notifying the requester of the assistance unusual circumstances as defined by the RRB shall also alert requesters to the available from the RRB’s FOIA Public FOIA apply, and more than 5,000 pages availability of the Office of Government Liaison and the dispute resolution are necessary to respond to the request, Information Services (OGIS) to provide services offered by the National dispute resolution services. the agency may charge search fees, or, Archives and Records Administration’s (2) Expedited processing. (i) The RRB in the case of requesters described in (NARA’s) Office of Government shall process requests and appeals on an Information Services (OGIS). paragraphs (g)(2)(ii) and (iii) of this expedited basis whenever it is section, may charge duplication fees if determined that they involve: * * * * * the following steps are taken. The (A) Circumstances in which the lack By Authority of the Board. agency must have provided timely of expedited processing could Stephanie Hillyard, written notice of unusual circumstances reasonably be expected to pose an to the requester in accordance with the Secretary to the Board. imminent threat to the life or physical [FR Doc. 2021–13963 Filed 7–1–21; 8:45 am] FOIA and the agency must have safety of an individual; or discussed with the requester via written (B) An urgency to inform the public BILLING CODE P mail, email, or telephone (or made not about an actual or alleged Federal less than three good-faith attempts to do Government activity, if made by a so) how the requester could effectively person who is primarily engaged in DEPARTMENT OF HOMELAND limit the scope of the request in disseminating information. SECURITY accordance with 5 U.S.C. (ii) A request for expedited processing 552(a)(6)(B)(ii). If the exception in this may be made at any time. Requests Coast Guard paragraph (g)(8)(ii) is satisfied, the based on paragraphs (i)(2)(i)(A) and (B) component may charge all applicable of this section must be submitted to the 33 CFR Part 165 fees incurred in the processing of the General Counsel, Railroad Retirement [Docket No. USCG–2021–0444] request. Board, Room 836, 844 N Rush Street, (9) Other statutes specifically Chicago, Illinois 60611–1275. Safety Zone; Independence Day providing for fees. The fee schedule of (iii) A requester who seeks expedited Celebration, Bridge Side Marine this section does not apply to fees processing must submit a statement, charged under any statute that certified to be true and correct, AGENCY: Coast Guard, Department of specifically requires an agency to set explaining in detail the basis for making Homeland Security (DHS). and collect fees for particular types of the request for expedited processing. ACTION: Notice of enforcement of records. In instances where records For example, under paragraph regulation. responsive to a request are subject to a (i)(2)(i)(B) of this section, a requester statutorily-based fee schedule program, who is not a full-time member of the SUMMARY: The Coast Guard will enforce the agency must inform the requester of news media must establish that the a safety zone for the Independence Day the contact information of that program. requester is a person whose primary Celebration at Bridge Side Marina in * * * * * professional activity or occupation is Grand Isle, Louisiana, from 10 p.m. (i) Timing of responses to requests. information dissemination, though it through 10:30 p.m. on Saturday, July 3, The RRB ordinarily will respond to need not be the requester’s sole 2021. This action is needed to provide requests according to their order of occupation. Such a requester also must for the safety of life on navigable receipt. In instances involving establish a particular urgency to inform waterways during this event. misdirected requests that are required to the public about the government activity DATES: The regulations in 33 CFR be rerouted, the response time shall involved in the request—one that 165.801, Table 5, line 7, will be
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enforced from 10 p.m. through 10:30 Water Swim. This action is necessary DEPARTMENT OF DEFENSE p.m. on July 3, 2021. and intended for the safety of life and FOR FURTHER INFORMATION CONTACT: If property on navigable waters during the Department of the Army, Corps of you have questions about this notice of event. During the enforcement period, Engineers enforcement, call or email Commander no person or vessel may enter the Matthew M. Spolarich, Chief of respective safety zone without the 33 CFR Part 210 Prevention, U.S. Coast Guard Marine permission of the Captain of the Port RIN 0710–AB39 Safety Unit Houma; telephone 985–850– Buffalo. 6437, email matthew.m.spolarich@ Procurement Activities of the Corps of uscg.mil. DATES: The regulations listed in 33 CFR Engineers 165.939 as listed in Table 165.939(b)(12) SUPPLEMENTARY INFORMATION: The Coast AGENCY: U.S. Army Corps of Engineers, will be enforced from 6:45 a.m. through Guard will enforce the safety zone in 33 Department of Defense. 11:15 a.m. on July 17, 2021. CFR 165.801, Table 5, line 7, for the ACTION: Final rule. Independence Day Celebration at Bridge FOR FURTHER INFORMATION CONTACT: If Side Marina in Grand Isle, Louisiana you have questions about this notice of SUMMARY: This final rule removes the from 10 p.m. through 10:30 p.m. This enforcement, call or email MST2 Natalie U.S. Army Corps of Engineers’ part action is being taken to provide for the Smith, Waterways Management titled, ‘‘Procurement Activities of the Corps of Engineers.’’ Each removed safety of life on navigable waterways Division, U.S. Coast Guard Marine section is out-of-date, duplicative of during this event. Our regulation for Safety Unit Cleveland; telephone 216– existing regulations, and otherwise marine events within the Eighth Coast 937–6004, email D09-SMB- Guard District requiring safety zones, covers internal agency operations that [email protected]. § 165.801, Table 5, line 7, specifies the have no public compliance component location of the safety zone as a 500 foot SUPPLEMENTARY INFORMATION: The Coast or adverse public impact. Regulations radius from the Pier located at Bridge Guard will enforce the Safety Zones; governing internal procurement Side Marina, 2012 LA Highway 1, Grand Annual Events in the Captain of the Port activities can be found on file with the Isle, LA (Lat: 29°12′14″ N; Long: Buffalo Zone listed in 33 CFR 165.939, agency. Therefore, this part can be 090°02′28.47″ W). During the Table 165.939(b)(12) for the Lake Erie removed from the Code of Federal enforcement period, as reflected in Open Water Swim. Pursuant to 33 CFR Regulations (CFR). § 100.801, entry into this zone is 165.23, entry into, transiting, or DATES: This rule is effective on July 2, prohibited unless authorized by the anchoring within the safety zone during 2021. Captain of the Port or a designated an enforcement period is prohibited ADDRESSES: Department of the Army, representative. Persons or vessels unless authorized by the Captain of the U.S. Army Corps of Engineers, ATTN: desiring to enter into or passage through Port Buffalo or a designated CECT–P (Ms. Wanda Cross), 441 G the zone must request permission from representative. Those seeking Street NW, Washington, DC 20314– the Captain of the Port or a designated permission to enter the safety zone may 1000. representative. FOR FURTHER INFORMATION CONTACT: Ms. In addition to this notice of request permission from the Captain of Wanda Cross at (202) 761–1034 or by enforcement in the Federal Register, the Port Buffalo via channel 16, VHF–FM. email at wanda.m.cross2@ Coast Guard plans to provide Vessels and persons granted permission usace.army.mil. notification of this enforcement period to enter the safety zone shall obey the via the Local Notice to Mariners and directions of the Captain of the Port SUPPLEMENTARY INFORMATION: This final Broadcast Notice to Mariners. Buffalo or a designated representative. rule removes from the CFR part 210 of While within a safety zone, all vessels title 33, ‘‘Procurement Activities of the Dated: June 28, 2021. shall operate at the minimum speed Corps of Engineers.’’ The rules at 33 J.W. Russell, necessary to maintain a safe course. CFR 210.1, 210.2, and 210.3 were Captain, U.S. Coast Guard, Captain of the published on December 7, 1961 (26 FR Port Houma. This notice of enforcement is issued under authority of 33 CFR 165.939 and 11732) pursuant to Department of [FR Doc. 2021–14166 Filed 7–1–21; 8:45 am] Defense procurement statutes, 10 U.S.C. 5 U.S.C. 552 (a). In addition to this BILLING CODE 9110–04–P Chapter 137. The regulation at 33 CFR notice of enforcement in the Federal 210.1 provides for procedures for Register, the Coast Guard will provide advance notices to prospective bidders DEPARTMENT OF HOMELAND the maritime community with advance on certain construction contracts. The SECURITY notification of this enforcement period regulation at 33 CFR 210.2 provides for via Broadcast Notice to Mariners or Coast Guard procedures to notify the successful Local Notice to Mariners. If the Captain bidder of the acceptance of their bid. of the Port Buffalo determines that the 33 CFR Part 165 The regulation at 33 CFR 210.3 provides safety zone need not be enforced for the for procedures to issue a notice to [Docket No. USCG–2021–0455] full duration stated in this notice, she proceed to contractors. The rule at 33 may use a Broadcast Notice to Mariners CFR 210.4 was initially published on Safety Zones; Annual Events in the to grant general permission to enter the January 14, 1975 (40 FR 2582), and Captain of the Port Buffalo Zone respective safety zone. amended on March 24, 1980 (45 FR 19202). The rule at 33 CFR 210.5 was AGENCY: Coast Guard, DHS. Lexia M. Littlejohn, ACTION: published on March 24, 1980 (45 FR Notice of enforcement of Captain, U.S. Coast Guard, Captain of the regulation. 19202). The regulations at 33 CFR 210.4 Port Buffalo. and 201.5 provide for the administration SUMMARY: The Coast Guard will enforce [FR Doc. 2021–14144 Filed 7–1–21; 8:45 am] of appeals before the Corps of Engineers a safety zone located in federal BILLING CODE 9110–04–P Board of Contract Appeals. While the regulations for the Lake Erie Open rules apply only to the Corps’ internal
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procedures, they were published, at that DEPARTMENT OF DEFENSE agency guidance regarding responses to time, in the Federal Register to aid provide emergency supplies of drinking public accessibility. Department of the Army, Corps of water, it was published, at that time, in Engineers The solicitation of public comment the Federal Register to aid public for this removal is unnecessary as the accessibility. 33 CFR Part 214 The solicitation of public comment is removed sections in this part are out-of- RIN 0710–AB38 unnecessary as this part is redundant or date, duplicative of existing regulations, otherwise out-of-date. This removal is and otherwise cover internal agency Emergency Supplies of Drinking Water being conducted to provide clarity and operations that have no public reduce confusion for the public as well compliance component or adverse AGENCY: U.S. Army Corps of Engineers, as for the Corps regarding the current public impact. Sections 210.1, 210.2, Department of Defense. policy which governs the Corps’ and 210.3 are duplicative with and/or ACTION: Final rule. provision of emergency supplies of have been updated by the Federal clean drinking water. Because the SUMMARY: This final rule removes the Acquisition Regulation (FAR) subparts U.S. Army Corps of Engineers’ part regulation does not place a burden on 5, 11, 14, and 15 which provide titled, ‘‘Emergency Supplies of Drinking the public, its removal does not provide procedures for advance notice, notice of Water.’’ This part is mostly duplicative a reduction in public burden or costs. award, commencement, and completion of an equivalent part in the agency’s This rule is not significant under of work. Sections 210.4 and 210.5 no regulations. Where it is not duplicative Executive Order 12866, ‘‘Regulatory longer apply. In addition, the Engineer this part could be misleading, as its Planning and Review.’’ Board was absorbed by the Armed provisions have been superseded by List of Subjects in 33 CFR Part 214 Services Board of Contract Appeals in those in the equivalent part related to July 2000. Disaster assistance, Intergovernmental emergency water supplies due to relations, Water supply. This removal is being conducted to contaminated water sources. Therefore, provide clarity and reduce confusion for this part can be removed from the Code PART 214—[REMOVED] the public as well as for the Corps of Federal regulations (CFR). regarding the current policy which DATES: This rule is effective on July 2, ■ Accordingly, for the reasons stated in governs the Corps’ internal procurement 2021. the preamble and under the authority of activities. The removal of the regulation ADDRESSES: Department of the Army, 5 U.S.C. 301, the Corps removes 33 CFR will ensure the Corps’ policy complies U.S. Army Corps of Engineers, ATTN: part 214. with the existing FAR which can be CECW–HS (Mr. Mark Roupas), 441 G Dated: June 29, 2021. found at the source provided in this Street NW, Washington, DC 20314– Jaime A. Pinkham, SUPPLEMENTARY INFORMATION section. 1000. Acting Assistant Secretary of the Army (Civil The regulation does not place a burden FOR FURTHER INFORMATION CONTACT: Mr. Works). on the public; therefore, its removal Willem Helms at (202) 761–5909 or by [FR Doc. 2021–14247 Filed 7–1–21; 8:45 am] does not provide a reduction in public email at willem.h.helms@ BILLING CODE 3720–58–P burden or costs. This rule is not usace.army.mil. significant under Executive Order SUPPLEMENTARY INFORMATION: This final 12866, ‘‘Regulatory Planning and rule removes from the CFR part 214 of DEPARTMENT OF COMMERCE Review.’’ title 33, ‘‘Emergency Supplies of Patent and Trademark Office Drinking Water.’’ The regulation was List of Subjects in 33 CFR Part 210 initially promulgated on February 19, 37 CFR Part 1 Administrative practice and 1976 (41 FR 7506), solely in order to procedure, Government procurement. implement the 1974 amendment to [Docket No.: PTO–C–2017–0033] Public Law 84–99 in Section 82(2) of RIN 0651–AD24 PART 210—[REMOVED] Public Law 93–251, authorizing the Chief of Engineers to provide emergency Removal of Certain Rules of Patent ■ Accordingly, for the reasons stated in supplies of clean drinking water to any Practice the preamble and under the authority of locality with contaminated drinking water causing or likely to cause a AGENCY: United States Patent and 5 U.S.C. 301, the Corps removes 33 CFR Trademark Office, Department of part 210. substantial threat to the public health and welfare. The removed part is mostly Commerce. Dated: June 29, 2021. duplicative of the equivalent section of ACTION: Final rule. Jaime A. Pinkham, 33 CFR part 203 at § 203.61, Emergency SUMMARY: The United States Patent and water supplies due to contaminated Acting Assistant Secretary of the Army (Civil Trademark Office (USPTO or Office) Works). water source. The Corps’ current revises the rules of practice in patent emergency management regulation in 33 [FR Doc. 2021–14244 Filed 7–1–21; 8:45 am] cases to eliminate the requirement for CFR part 203 includes coverage of the BILLING CODE 3720–58–P original handwritten signatures on contaminated water authority among the certain correspondence with the Office other aspects of the Corps’ emergency of Enrollment and Discipline (OED) and management program. Where it is not certain payments made to the USPTO by duplicative part 214 could be credit card. misleading, as its provisions have been superseded by those in 33 CFR part 203 DATES: This rule is effective July 2, related to emergency water supplies due 2021. to contaminated water sources. While FOR FURTHER INFORMATION CONTACT: For the rule applies only to Corps internal questions on this rule, please contact
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Howie Reitz, Staff Attorney, Office of the USPTO’s regulations more effective, quotation marks omitted)); Nat’l Org. of Enrollment and Discipline, USPTO, at while enabling the USPTO to fulfill its Veterans’ Advocates v. Sec’y of Veterans 571–272–4097. mission-related goals. Affairs, 260 F.3d 1365, 1375 (Fed. Cir. SUPPLEMENTARY INFORMATION: Although the Office proposed to 2001) (rule that clarifies that the remove only the original handwritten interpretation of a statute is I. Background signature requirement found in 37 CFR interpretive); Bachow Commc’ns Inc. v. To support regulatory reform efforts, 1.4(e)(1), relating to correspondence FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) the USPTO assembled a Working Group with the OED, in this final rule, the (Rules governing an application process on Regulatory Reform (Working Office also eliminates the original are procedural under the Administrative Group)—consisting of subject-matter handwritten signature requirement Procedure Act.); Inova Alexandria Hosp. experts from each of the business units found in § 1.4(e)(2), related to payments v. Shalala, 244 F.3d 342, 350 (4th Cir. that implement the USPTO’s by credit card when the payment is not 2001) (Rules for handling appeals were regulations—to consider, review, and being made via the Office’s electronic procedural where they did not change recommend ways that the regulations filing systems. The removal of § 1.4(e)(2) the substantive standard for reviewing could be improved, revised, and makes permanent the USPTO’s waiver claims.). streamlined. The Working Group of the original handwritten signature Accordingly, prior notice and reviewed existing regulations, both requirement in payments by credit card opportunity for public comment for the discretionary and required by statute or announced on March 19, 2020, and changes in this rulemaking were not judicial order. The USPTO also solicited published in the Federal Register on required pursuant to 5 U.S.C. 553(b) or comments from stakeholders through a March 30, 2020 (85 FR 17502). (c), or any other law. See Perez, 135 S. web page established to provide Elimination of the entirety of § 1.4(e) Ct. at 1206 (Notice-and-comment information on the USPTO’s regulatory allows, for example, the use of facsimile procedures are required neither when reform efforts, and through the transmissions and S-signatures in an agency ‘‘issue[s] an initial Department of Commerce’s Federal enrollment and disciplinary matters interpretive rule’’ nor ‘‘when it amends Register Notice titled ‘‘Impact of Federal before the OED, in addition to the use or repeals that interpretive rule.’’); Regulations on Domestic of facsimile transmissions and S- Cooper Techs. Co. v. Dudas, 536 F.3d Manufacturing’’ (82 FR 12786, Mar. 7, signatures in payments by credit card. 1330, 1336–37 (Fed. Cir. 2008) (stating 2017), which addressed the impact of Elimination of this section also that 5 U.S.C. 553, and thus 35 U.S.C. regulatory burdens on domestic facilitates the implementation of an 2(b)(2)(B), do not require notice-and- manufacturing. These efforts led to the electronic filing system within the OED. comment rulemaking for ‘‘interpretative selection of certain regulations related As a conforming change, this final rule rules, general statements of policy, or to the requirement for an original also removes § 1.6(d)(1) to eliminate an rules of agency organization, procedure, handwritten signature for certain obsolete cross reference to § 1.4(e). or practice’’ (quoting 5 U.S.C. correspondence with the Office of The USPTO intends to address its 553(b)(A))). However, to benefit from Enrollment and Discipline (OED) for proposed revisions to its regulations the public’s input, the Office chose to removal based on the USPTO’s governing requests for Presidential seek public comment on the removal of assessment that they were not needed Proclamations under the Semiconductor its regulations governing requests for and/or that elimination could improve Chip Protection Act (SCPA), as Presidential Proclamations under the the USPTO’s body of regulations. published in its proposed rule on SCPA and on the elimination of the In addition, as part of the USPTO’s November 25, 2019 (84 FR 64800), in a requirement for original handwritten COVID–19 relief efforts, the USPTO separate notice. signatures on certain correspondence waived the requirement for an original with the OED before implementing the handwritten signature for certain III. Proposed Rule: Comments and rule. correspondence with OED and certain Responses In addition, the Office, pursuant to payments by credit card in an The USPTO published a proposed the authority at 5 U.S.C. 553(b)(B), finds announcement made on March 19, rule on November 25, 2019 (84 FR good cause to remove regulations 2020, and in a notice published in the 64800), soliciting comments on the requiring that certain payments be made Federal Register on March 30, 2020 (85 proposed amendments. The USPTO to the USPTO by credit card, found in FR 17502). In that announcement, the received no comments in response to 37 CFR 1.4(e)(2) and § 1.6(d)(1), without USPTO determined that the effects of the proposed rule. prior notice and an opportunity for COVID–19 were an ‘‘extraordinary public comment, as such procedures situation’’ within the meaning of 37 CFR IV. Discussion of Rule Changes would be contrary to the public interest. 1.183 and 2.146(a)(5) for affected This final rule removes and reserves The public does not require additional persons doing business before the Office 37 CFR 1.4(e), which sets forth certain time to conform its conduct, as the that warranted a waiver of the original correspondence and signature changes in this final rule do not add any handwritten signature requirements of requirements. As a corresponding new requirements, and the elimination § 1.4(e). change, this final rule removes and of the provisions in this final rule reserves § 1.6(d)(1) to eliminate an provides a modest benefit to impacted II. Regulations for Removal obsolete cross reference to § 1.4(e). parties by making permanent the use of In this final rule, the USPTO finalizes Rulemaking Considerations: alternative signature methods in certain those provisions in its proposed rule A. Administrative Procedure Act: The payments by credit card. published on November 25, 2019 (84 FR changes in this rulemaking involve rules Furthermore, the Office finds good 64800) related to the removal of the of agency practice and procedure, and/ cause to waive the 30-day delayed requirement for original handwritten or interpretive rules. See Perez v. Mortg. effectiveness period for this final rule, signatures in dark ink on Bankers Ass’n, 135 S. Ct. 1199, 1204 as provided by 5 U.S.C. 553(d)(3), correspondence relating to registration (2015) (Interpretive rules ‘‘advise the because such delay would be contrary to to practice before the Office and other public of the agency’s construction of the public interest, as this final rule matters within the purview of the OED, the statutes and rules which it provides a modest benefit to impacted which achieves the objective of making administers.’’ (citation and internal parties by making permanent the use of
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alternative signature methods in certain technological information and in domestic and export markets. payments by credit card. processes. Therefore, this rulemaking is not B. Regulatory Flexibility Act: For the E. Executive Order 13132 expected to result in a ‘‘major rule,’’ as reasons set forth herein, the Senior (Federalism): This rulemaking does not defined in 5 U.S.C. 804(2). Counsel for Regulatory and Legislative contain policies with federalism L. Unfunded Mandates Reform Act of Affairs, Office of General Law, of the implications sufficient to warrant 1995: The changes set forth in this USPTO has certified to the Chief preparation of a Federalism Assessment rulemaking do not involve a Federal Counsel for Advocacy of the Small under Executive Order 13132 (Aug. 4, intergovernmental mandate that will Business Administration that changes in 1999). result in the expenditure by State, local, this final rule will not have a significant F. Executive Order 13175 (Tribal and tribal governments, in the aggregate, economic impact on a substantial Consultation): This rulemaking will not: of $100 million (as adjusted) or more in number of small entities. See 5 U.S.C. (1) Have substantial direct effects on one any one year, or a Federal private sector 605(b). or more Indian tribes, (2) impose mandate that will result in the This final rule removes 37 CFR 1.4(e), substantial direct compliance costs on expenditure by the private sector of which required original handwritten Indian tribal governments, or (3) $100 million (as adjusted) or more in signatures in dark ink on preempt tribal law. Therefore, a tribal any one year, and will not significantly correspondence relating to registration summary impact statement is not or uniquely affect small governments. to practice before the Office and other required under Executive Order 13175 Therefore, no actions are necessary matters in the purview of the OED, and (Nov. 6, 2000). under the provisions of the Unfunded in payments by credit card where the G. Executive Order 13211 (Energy Mandates Reform Act of 1995. See 2 payment is not being made via the Effects): This rulemaking is not a U.S.C. 1501 et seq. significant energy action under Office’s electronic filing systems. M. National Environmental Policy Act Executive Order 13211 because this Elimination of this section allows for of 1969: This rulemaking will not have rulemaking is not likely to have a the use of facsimile transmissions and any effect on the quality of the S-signatures in enrollment and significant adverse effect on the supply, environment and is thus categorically disciplinary matters before the OED and distribution, or use of energy. Therefore, excluded from review under the in the payment of fees by credit card, a Statement of Energy Effects is not National Environmental Policy Act of thereby providing a modest benefit to required under Executive Order 13211 1969. See 42 U.S.C. 4321 et seq. impacted parties. As a conforming (May 18, 2001). N. National Technology Transfer and change, this final rule also removes H. Executive Order 12988 (Civil Advancement Act of 1995: The § 1.6(d)(1) to eliminate an obsolete cross Justice Reform): This rulemaking meets requirements of section 12(d) of the reference to § 1.4(e). For these reasons, applicable standards to minimize this rulemaking will not have a litigation, eliminate ambiguity, and National Technology Transfer and significant economic impact on a reduce burden, as set forth in sections Advancement Act of 1995 (15 U.S.C. substantial number of small entities. 3(a) and 3(b)(2) of Executive Order 272 note) are not applicable because this C. Executive Order 12866 (Regulatory 12988 (Feb. 5, 1996). rulemaking does not contain provisions Planning and Review): This rulemaking I. Executive Order 13045 (Protection that involve the use of technical has been determined to be not of Children): This rulemaking does not standards. significant for purposes of Executive concern an environmental risk to health O. Paperwork Reduction Act of 1995: Order 12866. or safety that may disproportionately The Paperwork Reduction Act of 1995 D. Executive Order 13563 (Improving affect children under Executive Order (44 U.S.C. 3501 et seq.) requires that the Regulation and Regulatory Review): The 13045 (Apr. 21, 1997). Office consider the impact of paperwork Office has complied with Executive J. Executive Order 12630 (Taking of and other information collection Order 13563. Specifically, the Office Private Property): This rulemaking will burdens imposed on the public. This has, to the extent feasible and not effect a taking of private property or rulemaking involves information applicable: (1) Made a reasoned otherwise have taking implications collections that are subject to review by determination that the benefits justify under Executive Order 12630 (Mar. 15, the Office of Management and Budget the costs of the rule; (2) tailored the rule 1988). (OMB) under the Paperwork Reduction to impose the least burden on society K. Congressional Review Act: Under Act of 1995 (44 U.S.C. 3501–3549). consistent with obtaining the regulatory the Congressional Review Act Removal of the requirement for original objectives; (3) selected a regulatory provisions of the Small Business handwritten signatures in dark ink does approach that maximizes net benefits; Regulatory Enforcement Fairness Act of not impact the current OMB approval of (4) specified performance objectives; (5) 1996 (5 U.S.C. 801 et seq.), prior to OMB control numbers 0651–0012, identified and assessed available issuing any final rule, the USPTO will 0651–0017, and 0651–0043. alternatives; (6) involved the public in submit a report containing the final rule Notwithstanding any other provision an open exchange of information and and other required information to the of law, no person is required to respond perspectives among experts in relevant United States Senate, the United States to, nor shall a person be subject to a disciplines, affected stakeholders in the House of Representatives, and the penalty for failure to comply with, a private sector, and the public as a Comptroller General of the Government collection of information subject to the whole, and provided online access to Accountability Office. The changes in requirements of the Paperwork the rulemaking docket; (7) attempted to this rulemaking are not expected to Reduction Act unless that collection of promote coordination, simplification, result in an annual effect on the information has a currently valid OMB and harmonization across government economy of $100 million or more; a control number. agencies and identified goals designed major increase in costs or prices; or P. E-Government Act Compliance: to promote innovation; (8) considered significant adverse effects on The USPTO is committed to compliance approaches that reduce burdens and competition, employment, investment, with the E-Government Act to promote maintain flexibility and freedom of productivity, innovation, or the ability the use of the internet and other choice for the public; and (9) ensured of United States-based enterprises to information technologies, to provide the objectivity of scientific and compete with foreign-based enterprises increased opportunities for citizen
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access to Government information and deposit account replenishments sent to affected by these mailing address services, and for other purposes. the old addresses will be forwarded to changes. the new addresses. List of Subjects in 37 CFR Part 1 Discussion of Specific Rules DATES: This final rule is effective on July Administrative practice and 2, 2021. The following is a discussion of the procedure, Biologics, Courts, Freedom amendments to 37 CFR part 1. FOR FURTHER INFORMATION CONTACT: of information, Inventions and patents, Section 1.1: Section 1.1(a) is amended Inquiries related to maintenance fees Reporting and recordkeeping to remove the reference to paragraph and USPTO deposit accounts may be requirements, Small businesses. (d)(1) of this section from the listed made by calling 571–272–6500. exceptions. For the reasons stated in the Inquiries related to this final rule should Section 1.1(d) is amended to add the preamble, the USPTO amends chapter 1 be directed to Matthew Lee, Office of paragraph heading ‘‘Payments of patent of title 37 as follows: Finance, USPTO, at matthew.lee@ maintenance fees’’ and to change the uspto.gov. PART 1—RULES OF PRACTICE IN address for payments of patent PATENT CASES SUPPLEMENTARY INFORMATION: To maintenance fees that are not submitted improve operational efficiencies and electronically and correspondence ■ 1. The authority citation for part 1 consolidate space, the USPTO’s Office related to maintenance fees to ‘‘Mail continues to read as follows: of Finance, which includes the Stop Maintenance Fee, Director of the Authority: 35 U.S.C. 2(b)(2), unless Maintenance Fee and Deposit Account United States Patent and Trademark otherwise noted. Branches, was relocated as of December Office, P.O. Box 1450, Alexandria, 15, 2020, from 2051 Jamieson Avenue, § 1.4 [Amended] Virginia 22313–1450.’’ Suite 300, in Alexandria, Virginia, to the Section 1.25: Section 1.25(c) is ■ 2. Section 1.4 is amended by main USPTO campus in Alexandria, amended to remove the reference to removing and reserving paragraph (e). Virginia. Accordingly, this final rule paragraph (c)(4) of this section, as the updates the Rules of Practice in Patent § 1.6 [Amended] paragraph was previously removed. Cases and the Rules of Practice in Section 1.25(c)(3) is amended to ■ 3. Section 1.6 is amended by Trademark Cases with both the new change the address for payments to removing and reserving paragraph mailing address for patent maintenance replenish a USPTO deposit account to (d)(1). fees and maintenance fee-related ‘‘Mail Stop Deposit Accounts, Director Andrew Hirshfeld, correspondence and the new mailing of the United States Patent and address for USPTO deposit account Commissioner for Patents, Performing the Trademark Office, P.O. Box 1450, Functions and Duties of the Under Secretary replenishments. As of December 15, Alexandria, Virginia 22313–1450.’’ of Commerce for Intellectual Property and 2020, correspondence sent by U.S. The following is a discussion of the Director of the United States Patent and Postal Service (USPS) first-class mail to amendment to 37 CFR part 2. Trademark Office. pay a USPTO patent maintenance fee, as Section 2.208: Section 2.208(c)(3) is [FR Doc. 2021–14036 Filed 7–1–21; 8:45 am] well as other maintenance fee-related amended to change the address for BILLING CODE 3510–16–P correspondence, should be mailed to: payments to replenish a USPTO deposit Mail Stop Maintenance Fee, Director of account to ‘‘Mail Stop Deposit the United States Patent and Trademark Accounts, Director of the United States DEPARTMENT OF COMMERCE Office, P.O. Box 1450, Alexandria, Patent and Trademark Office, P.O. Box Virginia 22313–1450. 1450, Alexandria, Virginia 22313– Patent and Trademark Office Also as of December 15, 2020, checks 1450.’’ and money orders that are sent by USPS 37 CFR Parts 1 and 2 first-class mail to replenish a USPTO Rulemaking Considerations [Docket No. PTO–P–2020–0063] deposit account should be mailed to: A. Administrative Procedure Act: Mail Stop Deposit Accounts, Director of Since this final rule is directed to RIN 0651–AD52 the United States Patent and Trademark changing an Office address, this final Office, P.O. Box 1450, Alexandria, rule merely involves rules of agency Mailing Address Changes Related to Virginia 22313–1450. organization, procedure, or practice USPTO Deposit Accounts and Patent From December 15, 2020, through within the meaning of 5 U.S.C. Maintenance Fees December 14, 2021, maintenance fee 553(b)(A) and is a non-substantive AGENCY: United States Patent and payments, maintenance fee-related change to the regulations. Accordingly, Trademark Office, Department of correspondence, and USPTO deposit this final rule may be adopted without Commerce. account replenishments sent to the prior notice and opportunity for public ACTION: Final rule. Jamieson Avenue addresses will be comment under 5 U.S.C. 553(b) and (c). forwarded to the new addresses. After Furthermore, the Office finds good SUMMARY: The United States Patent and December 14, 2021, such mailings may cause to waive the 30-day delayed Trademark Office (USPTO or Office) is be returned to the sender by the USPS. effectiveness period, as provided by 5 revising the Rules of Practice to update The appropriate sections of the U.S.C. 553(d)(3), because such delay the addresses for payments of patent Manual of Patent Examining Procedure would be contrary to the public interest maintenance fees that are not submitted and the Trademark Manual of in providing accurate contact electronically, correspondence related Examining Procedure will be revised in information for the Office. to maintenance fees, and the due course to reflect these mailing B. Regulatory Flexibility Act: As prior replenishment of a USPTO deposit address changes. notice and an opportunity for public account by mail. From December 15, Maintenance fee payments and comment are not required pursuant to 5 2020, through December 14, 2021, USPTO deposit account replenishments U.S.C. 553 (or any other law), neither a maintenance fee payments, maintenance submitted electronically on the USPTO Regulatory Flexibility Act analysis nor a fee-related correspondence, and USPTO website at www.uspto.gov are not certification under the Regulatory
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Flexibility Act (5 U.S.C. 601 et seq.) is reduce burden as set forth in sections 272 note) are not applicable because this required. See 5 U.S.C. 605(b). 3(a) and 3(b)(2) of Executive Order rulemaking does not contain provisions C. Executive Order 12866 (Regulatory 12988 (Feb. 5, 1996). that involve the use of technical Planning and Review): This rulemaking I. Executive Order 13045 (Protection standards. has been determined to be not of Children): This rulemaking does not O. Paperwork Reduction Act of 1995: significant for purposes of Executive concern an environmental risk to health The Paperwork Reduction Act of 1995 Order 12866 (Sept. 30, 1993). or safety that may disproportionately (44 U.S.C. 3501) requires that the Office D. Executive Order 13563 (Improving affect children under Executive Order consider the impact of paperwork and Regulation and Regulatory Review): The 13045 (Apr. 21, 1997). other information collection burdens Office has complied with Executive J. Executive Order 12630 (Taking of imposed on the public. This rulemaking Order 13563 (Jan. 18, 2011). Private Property): This rulemaking will does not involve any new information Specifically, the Office has, to the extent not affect a taking of private property or collection requirements that are subject feasible and applicable: (1) Made a otherwise have taking implications to review by the Office of Management reasoned determination that the benefits under Executive Order 12630 (Mar. 15, and Budget (OMB) under the Paperwork justify the costs of the rule; (2) tailored 1988). Reduction Act of 1995 (44 U.S.C. 3501 K. Congressional Review Act: Under the rule to impose the least burden on et seq.). society consistent with obtaining the the Congressional Review Act Notwithstanding any other provision regulatory objectives; (3) selected a provisions of the Small Business of law, no person is required to respond regulatory approach that maximizes net Regulatory Enforcement Fairness Act of to, nor shall any person be subject to a benefits; (4) specified performance 1996 (5 U.S.C. 801 et seq.), prior to penalty for failure to comply with, a objectives; (5) identified and assessed issuing any final rule, the USPTO will collection of information subject to the available alternatives; (6) involved the submit a report containing the rule and requirements of the Paperwork public in an open exchange of other required information to the United information and perspectives among States Senate, the United States House Reduction Act unless that collection of experts in relevant disciplines, affected of Representatives, and the Comptroller information has a valid OMB control stakeholders in the private sector, and General of the Government number. the public as a whole, and provided Accountability Office. The changes in List of Subjects online access to the rulemaking docket; this rulemaking are not expected to (7) attempted to promote coordination, result in an annual effect on the 37 CFR Part 1 simplification, and harmonization economy of $100 million or more, a Administrative practice and across government agencies and major increase in costs or prices, or procedure, Biologics, Courts, Freedom identified goals designed to promote significant adverse effects on of information, Inventions and patents, innovation; (8) considered approaches competition, employment, investment, Reporting and recordkeeping that reduce burdens and maintain productivity, innovation, or the ability requirements, Small businesses. flexibility and freedom of choice for the of United States-based enterprises to public; and (9) ensured the objectivity of compete with foreign-based enterprises 37 CFR Part 2 scientific and technological information in domestic and export markets. Administrative practice and and processes. Therefore, this rulemaking is not a procedure, Courts, Lawyers, E. Executive Order 13132 ‘‘major rule’’ as defined in 5 U.S.C. Trademarks. (Federalism): This rulemaking does not 804(2). For the reasons set forth in the contain policies with federalism L. Unfunded Mandates Reform Act of preamble, 37 CFR parts 1 and 2 are implications sufficient to warrant 1995: The changes set forth in this amended as follows: preparation of a Federalism Assessment rulemaking do not involve a Federal under Executive Order 13132 (Aug. 4, intergovernmental mandate that will PART 1—RULES OF PRACTICE IN 1999). result in the expenditure by state, local, PATENT CASES F. Executive Order 13175 (Tribal and tribal governments, in the aggregate, Consultation): This rulemaking will not: of $100 million (as adjusted) or more in ■ 1. The authority citation for 37 CFR (1) Have substantial direct effects on one any one year, or a Federal private sector part 1 continues to read as follows: or more Indian tribes, (2) impose mandate that will result in the substantial direct compliance costs on expenditure by the private sector of Authority: 35 U.S.C. 2(b)(2). Indian tribal governments, or (3) $100 million (as adjusted) or more in ■ 2. Section 1.1 is amended by revising preempt tribal law. Therefore, a Tribal any one year, and will not significantly paragraph (a) introductory text and Summary Impact Statement is not or uniquely affect small governments. paragraph (d) to read as follows: required under Executive Order 13175 Therefore, no actions are necessary (Nov. 6, 2000). under the provisions of the Unfunded § 1.1 Addresses for non-trademark G. Executive Order 13211 (Energy Mandates Reform Act of 1995. See 2 correspondence with the United States Patent and Trademark Office. Effects): This rulemaking is not a U.S.C. 1501 et seq. significant energy action under M. National Environmental Policy Act (a) In general. Except as provided in Executive Order 13211 because this of 1969: This rulemaking will not have paragraphs (a)(3)(i) and (a)(3)(ii) of this rulemaking is not likely to have a any effect on the quality of the section, all correspondence intended for significant adverse effect on the supply, environment and is thus categorically the United States Patent and Trademark distribution, or use of energy. Therefore, excluded from review under the Office must be addressed to either a Statement of Energy Effects is not National Environmental Policy Act of ‘‘Director of the United States Patent required under Executive Order 13211 1969. See 42 U.S.C. 4321 et seq. and Trademark Office, P.O. Box 1450, (May 18, 2001). N. National Technology Transfer and Alexandria, Virginia 22313–1450’’ or to H. Executive Order 12988 (Civil Advancement Act of 1995: The specific areas within the Office as set Justice Reform): This rulemaking meets requirements of section 12(d) of the out in paragraphs (a)(1) and (a)(3)(iii) of applicable standards to minimize National Technology Transfer and this section. When appropriate, litigation, eliminate ambiguity, and Advancement Act of 1995 (15 U.S.C. correspondence should also be marked
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for the attention of a particular office or FEDERAL COMMUNICATIONS at https://www.fcc.gov/edocs. To request individual. COMMISSION materials in accessible formats for * * * * * people with disabilities (braille, large 47 CFR Part 73 print, electronic files, audio format), (d) Payments of patent maintenance send an email to [email protected] or call fees. Payments of patent maintenance [MB Docket No. 21–54; RM–11879; DA 21– 702; FR ID 34796] the Consumer & Governmental Affairs fees that are not submitted Bureau at 202–418–0530 (voice), 202– electronically and correspondence Television Broadcasting Services 418–0432 (tty). related to maintenance fees may be Peoria and Oswego, Illinois This document does not contain addressed to: Mail Stop Maintenance information collection requirements Fee, Director of the United States Patent AGENCY: Federal Communications subject to the Paperwork Reduction Act and Trademark Office, P.O. Box 1450, Commission. of 1995, Public Law 104–13. In addition, Alexandria, Virginia 22313–1450. ACTION: Final rule. therefore, it does not contain any * * * * * proposed information collection burden SUMMARY: On April 14, 2021, the Media ■ ‘‘for small business concerns with fewer 3. Section 1.25 is amended by revising Bureau, Video Division (Bureau) issued than 25 employees,’’ pursuant to the paragraphs (c) introductory text and a Notice of Proposed Rulemaking Small Business Paperwork Relief Act of (c)(3) to read as follows: (NPRM) in response to a petition for 2002, Public Law 107–198, see 44 U.S.C. rulemaking filed by Four Seasons § 1.25 Deposit Accounts. 3506(c)(4). Provisions of the Regulatory Peoria, LLC (Petitioner), requesting an Flexibility Act of 1980, 5 U.S.C. 601– * * * * * amendment of the DTV Table of 612, do not apply to this proceeding. Allotments to delete channel 10 at (c) A deposit account holder may The Commission will send a copy of Peoria, Illinois, substitute channel 10 at replenish the deposit account by this Report and Order in a report to be Oswego, Illinois, and modify the WAOE submitting a payment to the United sent to Congress and the Government license to specify Oswego as its States Patent and Trademark Office. A Accountability Office pursuant to the community of license. For the reasons payment to replenish a deposit account Congressional Review Act, see 5 U.S.C. set forth in the Report and Order must be submitted by one of the 801(a)(1)(A). methods set forth in paragraphs (c)(1), referenced below, channel 10 is deleted List of Subjects in 47 CFR Part 73 (c)(2), or (c)(3) of this section. from Peoria, Illinois, and allotted to Oswego, Illinois. Further, WAOE’s Television. * * * * * community of license is modified to (3) A payment to replenish a deposit Oswego, Illinois. Federal Communications Commission. Thomas Horan, account may be addressed to: Mail Stop DATES: Effective July 2, 2021. Chief of Staff, Media Bureau. Deposit Accounts, Director of the FOR FURTHER INFORMATION CONTACT: United States Patent and Trademark Andrew Manley, Media Bureau, at (202) Final Rule Office, P.O. Box 1450, Alexandria, 418–0596 or [email protected]. Virginia 22313–1450. For the reasons discussed in the SUPPLEMENTARY INFORMATION: The preamble, the Federal Communications PART 2—RULES OF PRACTICE IN proposed rule was published at 86 FR Commission amends 47 CFR part 73 as TRADEMARK CASES 18934 on April 12, 2021. The Petitioner follows: filed comments in support of the PART 73—RADIO BROADCAST ■ petition. No other comments were filed. 4. The authority citation for 37 CFR We believe the public interest would be SERVICES part 2 continues to read as follows: served by allotting channel 10 at Authority: 15 U.S.C. 1113, 15 U.S.C. 1123, Oswego, Illinois. Oswego (pop. 34,383) ■ 1. The authority citation for part 73 35 U.S.C. 2, section 10(c) of Pub. L. 112–29. is the largest community in Kendall continues to read as follows: County, Illinois, and clearly qualifies for ■ Authority: 47 U.S.C. 154, 155, 301, 303, 5. Section 2.208 is amended by community of license status for 307, 309, 310, 334, 336, 339. revising paragraph (c)(3) to read as allotment purposes. In addition, the follows: ■ 2. In § 73.622(i), amend the Post- proposal would result in a first local Transition Table of DTV Allotments, § 2.208 Deposit Accounts. service to Oswego. Moreover, the under Illinois, by adding an entry in allotment is consistent with the * * * * * alphabetical order for ‘‘Oswego’’ and minimum geographic spacing revising the entry for ‘‘Peoria’’ to read as (c) * * * requirements for new DTV allotments in follows: (3) A payment to replenish a deposit the Commission’s rules, and the account may be addressed to: Mail Stop allotment point complies with the rules § 73.622 Digital television table of Deposit Accounts, Director of the as the entire community of Oswego is allotments. United States Patent and Trademark encompassed by the 43 dBm contour. * * * * * Office, P.O. Box 1450, Alexandria, Finally, since the Petitioner does not (i) * * * Virginia 22313–1450. propose any changes in WAOE’s authorized facilities, the authorized and Community Channel No. Andrew Hirshfeld, proposed facilities are mutually Commissioner for Patents, Performing the exclusive. Functions and Duties of the Under Secretary This is a synopsis of the ***** of Commerce for Intellectual Property and Commission’s Report and Order, MB ILLINOIS Director of the United States Patent and Docket No. 21–54; RM–11879; DA 21– Trademark Office. 702, adopted June 16, 2021, and [FR Doc. 2021–14035 Filed 7–1–21; 8:45 am] released June 16, 2021. The full text of ***** BILLING CODE 3510–16–P this document is available for download Oswego ...... 10.
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Community Channel No. [FR Doc. 2021–14207 Filed 7–1–21; 8:45 am] BILLING CODE 6712–01–P Peoria ...... 19, 25, 30, * 46.
*****
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Proposed Rules Federal Register Vol. 86, No. 125
Friday, July 2, 2021
This section of the FEDERAL REGISTER information, you can contact the Rules the Docket Management Facility (see contains notices to the public of the proposed and Regulations Group, Federal ADDRESSES section for address and issuance of rules and regulations. The Aviation Administration, 800 phone number). You may also submit purpose of these notices is to give interested Independence Avenue SW, Washington, comments through the internet at persons an opportunity to participate in the DC 20591; telephone: (202) 267–8783. https://www.regulations.gov. rule making prior to the adoption of the final Commenters wishing the FAA to rules. The Order is also available for inspection at the National Archives and acknowledge receipt of their comments Records Administration (NARA). For on this action must submit with those DEPARTMENT OF TRANSPORTATION information on the availability of FAA comments a self-addressed, stamped Order 7400.11E at NARA, email: postcard on which the following Federal Aviation Administration [email protected] or go to https:// statement is made: ‘‘Comments to FAA www.archives.gov/federal-register/cfr/ Docket No. FAA–2021–0479; Airspace 14 CFR Part 71 ibr-locations.html. Docket No. 21–AGL–5.’’ The postcard will be date/time stamped and returned [Docket No. FAA–2021–0479; Airspace FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, Rules and Regulations to the commenter. Docket No. 21–AGL–5] All communications received on or Group, Office of Policy, Federal RIN 2120–AA66 before the specified comment closing Aviation Administration, 800 date will be considered before taking Independence Avenue SW, Washington, Proposed Amendment of VOR Federal action on the proposed rule. The DC 20591; telephone: (202) 267–8783. Airways V–170, V–175 and V–250; proposal contained in this action may Establishment of Area Navigation SUPPLEMENTARY INFORMATION: be changed in light of comments (RNAV) Route T–400; in the Vicinity of Authority for This Rulemaking received. All comments submitted will Worthington, MN be available for examination in the The FAA’s authority to issue rules public docket both before and after the AGENCY: Federal Aviation regarding aviation safety is found in comment closing date. A report Administration (FAA), DOT. Title 49 of the United States Code. summarizing each substantive public ACTION: Notice of proposed rulemaking Subtitle I, Section 106 describes the contact with FAA personnel concerned (NPRM). authority of the FAA Administrator. with this rulemaking will be filed in the Subtitle VII, Aviation Programs, docket. SUMMARY: The FAA proposes to amend describes in more detail the scope of the three VHF Omnidirectional Range agency’s authority. This rulemaking is Availability of NPRMs (VOR) Federal airways and establish a promulgated under the authority An electronic copy of this document new RNAV T-route, in the vicinity of described in Subtitle VII, Part A, may be downloaded through the Worthington, Minnesota. This action is Subpart I, Section 40103. Under that internet at https://www.regulations.gov. necessary due to the planned section, the FAA is charged with Recently published rulemaking decommissioning of the VOR portion of prescribing regulations to assign the use documents can also be accessed through the Worthington, MN, VOR/Distance of the airspace necessary to ensure the the FAA’s web page at https:// Measuring Equipment (VOR/DME), safety of aircraft and the efficient use of www.faa.gov/air_traffic/publications/ which provides navigation guidance to airspace. This regulation is within the airspace_amendments/. portions of the affected Air Traffic scope of that authority as it would You may review the public docket Service (ATS) routes. The Worthington modify the route structure as necessary containing the proposal, any comments VOR is being decommissioned as part of to preserve the safe and efficient flow of received and any final disposition in the FAA’s VOR Minimum Operational air traffic within the National Airspace person in the Dockets Office (see Network (VOR MON) program. System (NAS). ADDRESSES section for address and DATES: Comments must be received on phone number) between 9:00 a.m. and Comments Invited or before August 16, 2021. 5:00 p.m., Monday through Friday, ADDRESSES: Send comments on this Interested parties are invited to except Federal holidays. An informal proposal to the U.S. Department of participate in this proposed rulemaking docket may also be examined during Transportation, Docket Operations, 1200 by submitting such written data, views, normal business hours at the office of New Jersey Avenue SE, West Building or arguments as they may desire. the Operations Support Group, Central Ground Floor, Room W12–140, Comments that provide the factual basis Service Center, Federal Aviation Washington, DC 20590; telephone: (800) supporting the views and suggestions Administration, 10101 Hillwood 647–5527, or (202) 366–9826. You must presented are particularly helpful in Parkway, Fort Worth, TX 76177. identify FAA Docket No. FAA–2021– developing reasoned regulatory 0479; Airspace Docket No. 21–AGL–5 at decisions on the proposal. Comments Availability and Summary of the beginning of your comments. You are specifically invited on the overall Documents for Incorporation by may also submit comments through the regulatory, aeronautical, economic, Reference internet at https://www.regulations.gov. environmental, and energy-related This document proposes to amend FAA Order 7400.11E, Airspace aspects of the proposal. FAA Order 7400.11E, Airspace Designations and Reporting Points, and Communications should identify both Designations and Reporting Points, subsequent amendments can be viewed docket numbers (FAA Docket No. FAA– dated July 21, 2020 and effective online at https://www.faa.gov/air_ 2021–0479; Airspace Docket No. 21– September 15, 2020. FAA Order traffic/publications/. For further AGL–5) and be submitted in triplicate to 7400.11E is publicly available as listed
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in the ADDRESSES section of this of the VOR Federal airways either as incorporated by reference in 14 CFR document. FAA Order 7400.11E lists fixes or waypoints. 71.1. The ATS routes listed in this Class A, B, C, D, and E airspace areas, document would be published The Proposal air traffic service routes, and reporting subsequently in the Order. points. The FAA is proposing an amendment FAA Order 7400.11, Airspace to 14 CFR part 71 to amend three VOR Designations and Reporting Points, is Background Federal airways and establish one published yearly and effective on The FAA is planning RNAV T-route. The proposed ATS route September 15. decommissioning activities for the VOR actions are described below. portion of the Worthington, MN, VOR/ V–170: V–170 extends between the Regulatory Notices and Analyses DME with a planned date of March 24, Devils Lake, ND, VOR/DME and the The FAA has determined that this 2022. The Worthington VOR was one of Worthington, MN, VOR/DME; between proposed regulation only involves an the candidate VORs identified for the Rochester, MN, VOR/DME and the established body of technical discontinuance by the FAA’s VOR MON Salem, MI, VORTAC; and between the regulations for which frequent and program and listed in the Final policy Slate Run, PA, VORTAC and the routine amendments are necessary to statement notice, ‘‘Provision of intersection of the Andrews, MD, keep them operationally current. It, Navigation Services for the NextGen VORTAC 060° radial and the Baltimore, therefore: (1) Is not a ‘‘significant Transition to Performance-Based MD, VORTAC 165° radial. The airspace regulatory action’’ under Executive Navigation (PBN) (Plan for Establishing within R–5802 is excluded when active. Order 12866; (2) is not a ‘‘significant a VOR MON),’’ published in the Federal The FAA proposes to remove the airway rule’’ under Department of Register of July 26, 2016 (81 FR 48694), segment between the Sioux Falls, SD, Transportation (DOT) Regulatory Docket No. FAA–2011–1082. Although VORTAC and the Worthington, MN, Policies and Procedures (44 FR 11034; the VOR portion of the Worthington VOR/DME. This would result in the first February 26, 1979); and (3) does not VOR/DME is planned for segment of the route extending between warrant preparation of a regulatory decommissioning, the co-located DME the Devils Lake, ND, VOR/DME and the evaluation as the anticipated impact is portion of the navigational aid is being Sioux Falls, SD, VORTAC. The second so minimal. Since this is a routine retained in support of current and future and third segments of the airway would matter that will only affect air traffic RNAV procedures. remain unchanged. procedures and air navigation, it is The airways affected by the V–175: V–175 extends between the certified that this proposed rule, when Worthington VOR are V–170, V–175, Malden, MO, VORTAC and the Des promulgated, will not have a significant and V–250. With the planned Moines, IA, VORTAC; and between the economic impact on a substantial decommissioning of the Worthington Worthington, MN, VOR/DME and the number of small entities under the VOR, the remaining ground-based Alexandria, MN, VOR/DME. The FAA criteria of the Regulatory Flexibility Act. navigational aid coverage in the area is proposes to remove the airway segment Environmental Review insufficient to enable the continuity of between the Worthington, MN, VOR/ these affected routes. As such, the DME and the Redwood Falls, MN, VOR/ This proposal will be subject to an proposed modifications would result in DME. This would result in the last environmental analysis in accordance the removal of airway segments. To segment of the airway extending with FAA Order 1050.1F, overcome the impacts from the loss of between the Redwood Falls VOR/DME ‘‘Environmental Impacts: Policies and portions of the airways, instrument and the Alexandria VOR/DME. The first Procedures’’ prior to any FAA final flight rules (IFR) traffic may use segment of the airway would remain regulatory action. adjacent airways, including V–24, V–80, unchanged. Concurrent changes to other List of Subjects in 14 CFR Part 71 V–120, V–148, V–398, and V–456, to segments of V–175 have been proposed navigate through or around the affected in a separate rulemaking proposal. Airspace, Incorporation by reference, areas. IFR traffic could receive air traffic V–250: V–250 extends between the Navigation (air). control radar vectors through the areas. O’Neill, NE, VORTAC and the Mankato, The Proposed Amendment Aircraft equipped with RNAV MN, VOR/DME. The FAA proposes to In consideration of the foregoing, the capabilities may also file point to point remove the airway segment from the Federal Aviation Administration through the affected area using the fixes Yankton, SD, VOR/DME and the proposes to amend 14 CFR part 71 as that will remain in place, or use the Mankato, MN, VOR/DME. The resulting follows: proposed new RNAV T–400 (in lieu of airway would extend between the V–250). Visual flight rules (VFR) pilots O’Neill, NE, VORTAC and the Yankton, PART 71—DESIGNATION OF CLASS A, may utilize the ATC services previously SD, VOR/DME. B, C, D, AND E AIRSPACE AREAS; AIR listed. T–400: T–400 would be a new RNAV TRAFFIC SERVICE ROUTES; AND The proposed new RNAV T-route, T– route that extends between the LLUKY, REPORTING POINTS 400, would mitigate the proposed NE, waypoint (WP), located near the removal of the airway segment of V–250 O’Neill, NE, VORTAC and the ZOSAG, ■ 1. The authority citation for part 71 between the Yankton, SD, VOR/DME MN, WP, which is a new WP being continues to read as follows: and Mankato, MN, VOR/Tactical Air established near the Flying Cloud, MN, Authority: 49 U.S.C. 106(f), 106(g); 40103, Navigation (VORTAC). Additionally, it VOR/DME as part of this proposal. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, would provide navigational options in All of the navigational aid radials in 1959–1963 Comp., p. 389. areas of limited or no radar coverage to the airway descriptions below are stated pilots whose aircraft are RNAV in True degrees. § 71.1 [Amended] equipped. Finally, it would support the Domestic VOR Federal airways and ■ 2. The incorporation by reference in FAA’s efforts to transition the NAS from RNAV T-routes are published in 14 CFR 71.1 of FAA Order 7400.11E, ground-based to satellite-based paragraphs 6010(a) and 6011, Airspace Designations and Reporting navigation. respectively, of FAA Order 7400.11E, Points, dated July 21, 2020, and The FAA proposes to retain all dated July 21, 2020, and effective effective September 15, 2020, is airspace fixes on the deleted segments September 15, 2020, which are amended as follows:
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Paragraph 6010(a) Domestic VOR Federal Slate Run, PA; Selinsgrove, PA; Ravine, PA; Moines, IA. From Redwood Falls, MN; to Airways. INT Ravine 125° and Modena, PA, 318° Alexandria, MN. * * * * * radials; Modena; Dupont, DE; INT Dupont 223° and Andrews, MD, 060° radials; to INT * * * * * ° ° V–170 [Amended] Andrews 060 and Baltimore, MD, 165 V–250 [Amended] radials. The airspace within R–5802 is From Devils Lake, ND; INT Devils Lake From O’Neill, NE; to Yankton, SD. 187° and Jamestown, ND, 337° radials; excluded when active. Jamestown; Aberdeen, SD; to Sioux Falls, SD. * * * * * * * * * * From Rochester, MN; Nodine, MN; Dells, WI; Paragraph 6011 United States Area INT Dells 097° and Badger, WI, 304° radials; V–175 [Amended] Badger; INT Badger 121° and Pullman, MI, From Malden, MO; Vichy, MO; Hallsville, Navigation Routes. 282° radials; Pullman; to Salem, MI. From MO; Macon, MO; Kirksville, MO; to Des * * * * *
T400 LLUKY, NE to ZOSAG, MN [New] LLUKY, NE WP (Lat. 42°29′20.26″ N, long. 098°38′11.44″ W) IMUPP, SD WP (Lat. 42°55′06.44″ N, long. 097°23′05.22″ W) DURWN, MN WP (Lat. 43°38′48.91″ N, long. 095°34′55.87″ W) MEMCO, MN WP (Lat. 44°13′11.42″ N, long. 093°54′45.23″ W) ZOSAG, MN WP (Lat. 44°49′30.74″ N, long. 093°26′34.08″ W)
Issued in Washington, DC. the beginning of your comments. You Comments Invited George Gonzalez, may also submit comments through the Acting Manager, Rules and Regulations internet at https://www.regulations.gov. Interested parties are invited to Group. FAA Order 7400.11E, Airspace participate in this proposed rulemaking [FR Doc. 2021–14092 Filed 7–1–21; 8:45 am] Designations and Reporting Points, and by submitting such written data, views, BILLING CODE 4910–13–P subsequent amendments can be viewed or arguments as they may desire. online at https://www.faa.gov/air_ Comments that provide the factual basis traffic/publications/. For further supporting the views and suggestions DEPARTMENT OF TRANSPORTATION information, you can contact the Rules presented are particularly helpful in and Regulations Group, Federal developing reasoned regulatory Federal Aviation Administration Aviation Administration, 800 decisions on the proposal. Comments Independence Avenue SW, Washington, are specifically invited on the overall 14 CFR Part 71 DC 20591; telephone: (202) 267–8783. regulatory, aeronautical, economic, The Order is also available for environmental, and energy-related [Docket No.FAA–2021–0473; Airspace inspection at the National Archives and Docket No. 21–AGL–3] aspects of the proposal. Records Administration (NARA). For RIN 2120–AA66 information on the availability of FAA Communications should identify both Order 7400.11E at NARA, email: docket numbers (FAA Docket No.FAA– Proposed Amendment to Area [email protected] or go to https:// 2021–0473; Airspace Docket No. 21– Navigation (RNAV) T–302; Midwestern www.archives.gov/federal-register/cfr/ AGL–3) and be submitted in triplicate to United States ibr-locations.html. the Docket Management Facility (see FOR FURTHER INFORMATION CONTACT: ADDRESSES section for address and AGENCY: Federal Aviation phone number). You may also submit Administration (FAA), DOT. Jesse Acevedo, Rules and Regulations Group, Office of Policy, Federal comments through the internet at ACTION: Notice of proposed rulemaking Aviation Administration, 800 https://www.regulations.gov. (NPRM). Independence Avenue SW, Washington, Commenters wishing the FAA to SUMMARY: This action proposes to DC 20591; telephone: (202) 267–8783. acknowledge receipt of their comments amend RNAV route T–302 by extending SUPPLEMENTARY INFORMATION: on this action must submit with those it further to the east from its current Authority for This Rulemaking comments a self-addressed, stamped endpoint. The proposal would postcard on which the following supplement the National Airspace The FAA’s authority to issue rules statement is made: ‘‘Comments to FAA System (NAS) enroute structure, as well regarding aviation safety is found in Docket No.FAA–2021–0473; Airspace as provide additional RNAV options in Title 49 of the United States Code. Docket No. 21–AGL–3.’’ The postcard the Midwest. Additionally, this Subtitle I, Section 106 describes the will be date/time stamped and returned proposed action supports the FAA’s authority of the FAA Administrator. to the commenter. NextGen efforts to transition the NAS Subtitle VII, Aviation Programs, describes in more detail the scope of the All communications received on or from ground-based to space-based before the specified comment closing navigation. agency’s authority. This rulemaking is promulgated under the authority date will be considered before taking DATES: Comments must be received on described in Subtitle VII, Part A, action on the proposed rule. The or before August 16, 2021. Subpart I, Section 40103. Under that proposal contained in this action may ADDRESSES: Send comments on this section, the FAA is charged with be changed in light of comments proposal to the U.S. Department of prescribing regulations to assign the use received. All comments submitted will Transportation, Docket Operations, 1200 of the airspace necessary to ensure the be available for examination in the New Jersey Avenue SE, West Building safety of aircraft and the efficient use of public docket both before and after the Ground Floor, Room W12–140, airspace. This regulation is within the comment closing date. A report Washington, DC 20590; telephone: (800) scope of that authority as it would summarizing each substantive public 647–5527, or (202) 366–9826. You must modify the route structure as necessary contact with FAA personnel concerned identify FAA Docket No.FAA–2021– to preserve the safe and efficient flow of with this rulemaking will be filed in the 0473; Airspace Docket No. 21–AGL–3 at air traffic within the NAS. docket.
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Availability of NPRMs communication. These RNAV routes evaluation as the anticipated impact is An electronic copy of this document would be available for use by aircraft so minimal. Since this is a routine may be downloaded through the equipped with RNAV navigation matter that will only affect air traffic internet at https://www.regulations.gov. capabilities. This action would assist in procedures and air navigation, it is Recently published rulemaking providing positive course guidance to certified that this proposed rule, when documents can also be accessed through properly equipped aircraft navigating promulgated, will not have a significant the FAA’s web page at https:// through military special use airspace economic impact on a substantial www.faa.gov/air_traffic/publications/ and training areas when not in use. number of small entities under the _ criteria of the Regulatory Flexibility Act. airspace amendments/. The Proposal You may review the public docket Environmental Review containing the proposal, any comments The FAA is proposing an amendment received and any final disposition in to 14 CFR part 71 to extend RNAV route This proposal will be subject to an person in the Dockets Office (see T–302 eastward. The proposed route environmental analysis in accordance ADDRESSES section for address and change is described below. with FAA Order 1050.1F, phone number) between 9:00 a.m. and T–302: T–302 currently extends ‘‘Environmental Impacts: Policies and 5:00 p.m., Monday through Friday, between the CUKIS, OR, waypoint (WP) Procedures’’ prior to any FAA final except Federal holidays. An informal and the LLUKY, NE, WP. The FAA regulatory action. docket may also be examined during proposes to extend the route from the List of Subjects in 14 CFR Part 71 normal business hours at the office of LLUKY, NE, WP to the GRIFT, IL, WP. the Operations Support Group, Central The resulting RNAV route would extend Airspace, Incorporation by reference, Service Center, Federal Aviation between the CUKIS, OR, WP to the Navigation (air). Administration, 10101 Hillwood GRIFT, IL, WP. Parkway, Fort Worth, TX 76177. United States Area Navigation T- The Proposed Amendment routes are published in paragraph 6011 In consideration of the foregoing, the Availability and Summary of of FAA Order 7400.11E, dated July 21, Federal Aviation Administration Documents for Incorporation by 2020, and effective September 15, 2020, proposes to amend 14 CFR part 71 as Reference which is incorporated by reference in 14 follows: This document proposes to amend CFR 71.1. The RNAV route listed in this FAA Order 7400.11E, Airspace document would be published PART 71—DESIGNATION OF CLASS A, Designations and Reporting Points, subsequently in the Order. B, C, D, AND E AIRSPACE AREAS; AIR dated July 21, 2020, and effective FAA Order 7400.11, Airspace TRAFFIC SERVICE ROUTES; AND September 15, 2020. FAA Order Designations and Reporting Points, is REPORTING POINTS 7400.11E is publicly available as listed published yearly and effective on in the ADDRESSES section of this September 15. ■ 1. The authority citation for part 71 document. FAA Order 7400.11E lists Regulatory Notices and Analyses continues to read as follows: Class A, B, C, D, and E airspace areas, The FAA has determined that this Authority: 49 U.S.C. 106(f), 106(g); 40103, air traffic service routes, and reporting 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, points. proposed regulation only involves an established body of technical 1959–1963 Comp., p. 389. Background regulations for which frequent and § 71.1 [Amended] routine amendments are necessary to In support of FAA-led modernization ■ 2. The incorporation by reference in keep them operationally current. It, efforts to transition the NAS from a 14 CFR 71.1 of FAA Order 7400.11E, therefore: (1) Is not a ‘‘significant ground-based to a satellite-based Airspace Designations and Reporting regulatory action’’ under Executive Performance Based Navigation (PBN) Points, dated July 21, 2020, and Order 12866; (2) is not a ‘‘significant system, the FAA is proposing to amend effective September 15, 2020, is RNAV route T–302 by extending from rule’’ under Department of amended as follows: Nebraska into Illinois. This action Transportation (DOT) Regulatory would assist in reducing air traffic Policies and Procedures (44 FR 11034; Paragraph 6011 United States Area control (ATC) sector workload, February 26, 1979); and (3) does not Navigation Routes. complexity, and pilot-to-controller warrant preparation of a regulatory * * * * *
T–302 CUKIS, OR to GRIFT, IL [Amended] CUKIS, OR WP (Lat. 45°20′59.59″ N, long. 122°21′49.41″ W) JJETT, OR WP (Lat. 44°56′35.43″ N, long. 121°40′56.36″ W) CUPRI, OR FIX (Lat. 44°37′03.76″ N, long. 121°15′13.89″ W) ZUDMI, OR WP (Lat. 44°19′59.29″ N, long. 120°28′10.92″ W) Wildhorse, OR (ILR) VOR/DME (Lat. 43°35′35.27″ N, long. 118°57′18.18″ W) JOSTN, OR WP (Lat. 43°34′16.92″ N, long. 117°53′51.34″ W) UKAYI, ID WP (Lat. 43°46′57.60″ N, long. 117°05′24.14″ W) PARMO, ID FIX (Lat. 43°45′32.78″ N, long. 116°49′10.43″ W) ADEXE, ID WP (Lat. 43°30′16.79″ N, long. 116°26′53.72″ W) FEVDO, ID WP (Lat. 42°53′48.88″ N, long. 115°02′00.30″ W) TOXEE, ID FIX (Lat. 42°41′41.81″ N, long. 114°27′13.10″ W) JADUP, ID WP (Lat. 42°44′32.00″ N, long. 113°42′15.22″ W) MIKAE, WY WP (Lat. 42°06′36.88″ N, long. 110°35′59.28″ W) BXTER, WY WP (Lat. 41°53′13.97″ N, long. 110°04′52.38″ W) EEBEE, WY WP (Lat. 41°44′07.05″ N, long. 109°35′10.21″ W) REGVE, WY WP (Lat. 41°38′35.07″ N, long. 109°20′30.96″ W) Rock Springs, WY (OCS) VOR/DME (Lat. 41°35′24.76″ N, long. 109°00′55.18″ W) FIKLA, WY WP (Lat. 41°56′20.50″ N, long. 106°57′11.03″ W) Medicine Bow, WY (MBW) VOR/DME (Lat. 41°50′43.88″ N, long. 106°00′15.42″ W) Scottsbluff, NE (BFF) VORTAC (Lat. 41°53′38.99″ N, long. 103°28′55.31″ W) WAKPA, NE WP (Lat. 42°03′21.64″ N, long. 103°04′57.99″ W)
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Alliance, NE (AIA) VOR/DME (Lat. 42°03′20.27″ N, long. 102°48′16.00″ W) MARSS, NE FIX (Lat. 42°27′48.92″ N, long. 100°36′15.32″ W) PUKFA, NE WP (Lat. 42°22′59.52″ N, long. 099°59′36.42″ W) GIYED, NE FIX (Lat. 42°30′22.02″ N, long. 099°08′05.55″ W) LLUKY, NE WP (Lat. 42°29′20.26″ N, long. 098°38′11.44″ W) KAATO, IA WP (Lat. 42°35′06.89″ N, long 095°58′53.08″ W) ROKKK, IA WP (Lat. 42°37′00.00″ N, long. 094°04′03.00″ W) Waterloo, IA (ALO) VOR/DME (Lat. 42°33′23.39″ N, long. 092°23′56.13″ W) Dubuque, IA (DBQ) VORTAC (Lat. 42°24′05.29″ N, long. 090°42′32.68″ W) JOOLZ, IL WP (Lat. 42°20′41.49″ N, long. 090°12′12.00″ W) GRIFT, IL WP (Lat. 42°17′28.14″ N, long. 088°53′41.42″ W)
* * * * * Ground Floor, Room W12–140, Comments Invited Washington, DC 20590–0001; Issued in Washington, DC. Interested persons are invited to Telephone: (800) 647–5527, or (202) George Gonzalez, comment on this proposed rulemaking 366–9826. You must identify the Docket Acting Manager, Rules and Regulations by submitting such written data, views, No. FAA–2021–0520; Airspace Docket Group. or arguments, as they may desire. No. 21–ASO–17, at the beginning of [FR Doc. 2021–14076 Filed 7–1–21; 8:45 am] Comments that provide the factual basis your comments. You may also submit supporting the views and suggestions BILLING CODE 4910–13–P comments through the internet at presented are particularly helpful in https://www.regulations.gov. developing reasoned regulatory DEPARTMENT OF TRANSPORTATION FAA Order 7400.11E Airspace decisions on the proposal. Comments Designations and Reporting Points, and are specifically invited on the overall Federal Aviation Administration subsequent amendments can be viewed _ regulatory, aeronautical, economic, online at https://www.faa.gov/air environmental, and energy-related 14 CFR Part 71 traffic/publications/. For further aspects of the proposal. information, you can contact the Communications should identify both [Docket No. FAA–2021–0520; Airspace Airspace Policy Group, Federal Aviation Docket No. 21–ASO–17] docket numbers (Docket No. FAA– Administration, 800 Independence 2021–0520 and Airspace Docket No. 21– RIN 2120–AA66 Avenue SW, Washington, DC 20591; ASO–17) and be submitted in triplicate Telephone: (202) 267–8783. The Order to DOT Docket Operations (see Proposed Amendment and is also available for inspection at the ADDRESSES section for the address and Establishment of Class D and E National Archives and Records telephone number). You may also Airspace; Concord, NC Administration (NARA). For submit comments through the internet information on the availability of FAA AGENCY: Federal Aviation at https://www.regulations.gov. Order 7400.11E at NARA, email Administration (FAA), DOT. Persons wishing the FAA to [email protected] or go to https:// ACTION: Notice of proposed rulemaking acknowledge receipt of their comments www.archives.gov/federal-register/cfr/ (NPRM). on this action must submit with those ibr-locations.html. comments a self-addressed stamped SUMMARY: This action proposes to FOR FURTHER INFORMATION CONTACT: John postcard on which the following amend Class D airspace, establish Class Fornito, Operations Support Group, statement is made: ‘‘Comments to FAA E airspace designated as an extension to Eastern Service Center, Federal Aviation Docket No. FAA–2021–0520; Airspace a Class D surface area, and amend Class Administration, 1701 Columbia Avenue, Docket No. 21–ASO–17.’’ The postcard E airspace extending upward from 700 College Park, GA 30337; Telephone will be date/time stamped and returned feet above the surface at Concord- (404) 305–6364. to the commenter. Padgett Regional Airport, Concord, NC. SUPPLEMENTARY INFORMATION: All communications received before The FAA is proposing this action as a the specified closing date for comments Authority for This Rulemaking result of the Charlotte Class B Biennial will be considered before taking action Review. This action would also update The FAA’s authority to issue rules on the proposed rule. The proposal the airport’s name to Concord-Padgett regarding aviation safety is found in contained in this document may be Regional Airport, (formerly Concord Title 49 of the United States Code. changed in light of the comments Regional Airport). In addition, this Subtitle I, Section 106, describes the received. All comments submitted will action would also update the geographic authority of the FAA Administrator. be available for examination in the coordinates of the airport to coincide Subtitle VII, Aviation Programs, public docket both before and after the with the FAA’s database. This action describes in more detail the scope of the comment closing date. A report would also make an editorial change agency’s authority. This rulemaking is summarizing each substantive public replacing the term Airport/Facility promulgated under the authority contact with FAA personnel concerned Directory with the term Chart described in Subtitle VII, Part A, with this rulemaking will be filed in the Supplement in the legal descriptions of Subpart I, Section 40103. Under that docket. associated Class D and E airspace. section, the FAA is charged with Availability of NPRMs Controlled airspace is necessary for the prescribing regulations to assign the use safety and management of instrument of airspace necessary to ensure the An electronic copy of this document flight rules (IFR) in the area. safety of aircraft and the efficient use of may be downloaded through the DATES: Comments must be received on airspace. This regulation is within the internet at https://www.regulations.gov. or before August 16, 2021. scope of that authority, as it would Recently published rulemaking ADDRESSES: Send comments on this amend Class D and E airspace in documents can also be accessed through proposal to: The U.S. Department of Concord, NC, as well as establish Class the FAA’s web page at https:// Transportation, Docket Operations, 1200 E airspace to support IFR operations in www.faa.gov/air_traffic/publications/ New Jersey Avenue SE, West Building the area. airspace_amendments/.
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You may review the public docket Class D and Class E airspace § 71.1 [Amended] containing the proposal, any comments designations are published in ■ 2. The incorporation by reference in received and any final disposition in Paragraphs 5000, 6004 and 6005, 14 CFR 71.1 of Federal Aviation person in the Dockets Office (see the respectively, of FAA Order 7400.11E, Administration Order 7400.11E, ADDRESSES section for address and dated July 21, 2020, and effective Airspace Designations and Reporting telephone number) between 9:00 a.m. September 15, 2020, which is and 5:00 p.m., Monday through Friday, incorporated by reference in 14 CFR Points, dated July 21, 2020, and except federal holidays. An informal 71.1. The Class E airspace designations effective September 15, 2020, is docket may also be examined between listed in this document will be amended as follows: 8:00 a.m. and 4:30 p.m., Monday published subsequently in the Order. Paragraph 5000 Class D Airspace. through Friday, except federal holidays, FAA Order 7400.11, Airspace * * * * * at the office of the Eastern Service Designations and Reporting Points, is Center, Federal Aviation published yearly and effective on ASO NC D Concord, NC [Amended] Administration, Room 350, 1701 September 15. Concord-Padgett Regional Airport Columbia Avenue, College Park, GA (Lat. 35°23′16″ N, long. 80°42′33″ W) Regulatory Notices and Analyses 30337. That airspace extending upward from the Availability and Summary of The FAA has determined that this surface to and including 3,200 feet MSL Documents for Incorporation by proposed regulation only involves an within a 4-mile radius of Concord-Padgett Reference established body of technical Regional Airport. This Class D airspace area regulations for which frequent and is effective during the specific dates and This document proposes to amend routine amendments are necessary to times established in advance by a Notice to FAA Order 7400.11E, Airspace keep them operationally current. It, Airmen. The effective date and time will Designations and Reporting Points, therefore: (1) Is not a ‘‘significant thereafter be continuously published in the dated July 21, 2020, and effective regulatory action’’ under Executive Chart Supplement. September 15, 2020. FAA Order Order 12866; (2) is not a ‘‘significant 7400.11E is publicly available as listed Paragraph 6004 Class E Airspace rule’’ under DOT Regulatory Policies Designated as an Extension to Class D or E in the ADDRESSES section of this and Procedures (44 FR 11034; February Surface Area. document. FAA Order 7400.11E lists 26, 1979); and (3) does not warrant * * * * * Class A, B, C, D, and E airspace areas, preparation of a Regulatory Evaluation air traffic service routes, and reporting as the anticipated impact is so minimal. ASO NC E4 Concord, NC [New] points. Since this is a routine matter that will Concord-Padgett Regional Airport The Proposal only affect air traffic procedures and air (Lat. 35°23′16″ N, long. 80°42′33″ W) navigation, it is certified that this The FAA proposes an amendment to That airspace extending upward from the proposed rule, when promulgated, will surface within 1 mile each side of the 010° 14 CFR part 71 to amend Class D not have a significant economic impact bearing from the Concord-Padgett Regional airspace and Class E airspace extending on a substantial number of small entities Airport, extending from the 4.0-mile radius upward from 700 feet above the surface under the criteria of the Regulatory to 6.3 miles northeast of the airport, and at Concord-Padgett Regional Airport, Flexibility Act. within 1 mile each side of the 190° bearing Concord, NC, by updating the airports Environmental Review from the airport, extending from the 4.0-mile name to Concord-Padgett Regional radius to 6.3 miles southwest of the airport. Airport, (formerly Concord Regional This Class E airspace area is effective during Airport), and updating the geographical This proposal will be subject to an environmental analysis in accordance the specific dates and times established in coordinates to coincide with the FAA’s advance by a Notice to Airmen. The effective database. In addition, this action would with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and date and time will thereafter be continuously amend Class E airspace extending published in the Chart Supplement. upward from 700 feet above the surface Procedures’’, prior to any FAA final at Concord-Padgett Regional Airport, regulatory action. Paragraph 6005 Class E Airspace Areas Concord, NC, by increasing the radius to Lists of Subjects in 14 CFR Part 71 Extending Upward From 700 Feet or More 8.8 miles, (formerly 6.5 miles). This Above the Surface of the Earth. action would also establish Class E Airspace, Incorporation by reference, * * * * * Navigation (air). airspace designated as an extension to a ASO NC E5 Concord, NC [Amended] Class D surface area airspace for The Proposed Amendment Concord-Padgett Regional Airport Concord-Padgett Regional Airport ° ′ ″ ° ′ ″ upward from the surface to within 1 In consideration of the foregoing, the (Lat. 35 23 16 N, long. 80 42 33 W) mile each side of the 010° bearing from Federal Aviation Administration That airspace extending upward from 700 the Concord-Padgett Regional Airport, proposes to amend 14 CFR part 71 as feet above the surface within an 8.8-mile extending from the 4.0-mile radius to follows: radius of the Concord-Padgett Regional 6.3 miles northeast of the airport, and Airport. PART 71—DESIGNATION OF CLASS A, within 1 mile each side of the 190° Issued in College Park, Georgia, on June 28, bearing from the airport, extending from B, C, D, AND E AIRSPACE AREAS; AIR 2021. TRAFFIC SERVICE ROUTES; AND the 4.0-mile radius to 6.3 miles Matthew N. Cathcart, southwest from the airport. In addition, REPORTING POINTS Acting Manager, Operations Support Group, the FAA proposes to replace the ■ 1. The authority citation for part 71 Eastern Service Center, Air Traffic outdated term Airport/Facility Directory Organization. with the term Chart Supplement in the continues to read as follows: [FR Doc. 2021–14077 Filed 7–1–21; 8:45 am] associated Class D airspace in the legal Authority: 49 U.S.C. 106(f), 106(g); 40103, descriptions for Concord-Padgett 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, BILLING CODE 4910–13–P Regional Airport. 1959–1963 Comp., p. 389.
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FEDERAL TRADE COMMISSION SUPPLEMENTARY INFORMATION: To ensure Business Opportunity Rule, 16 CFR its rules and industry guides remain part 437. Agency Contact: Christine 16 CFR Chapter I relevant and not unduly burdensome, Todaro (202–326–3711), Attorney, the Commission reviews them on a ten- Federal Trade Commission, Bureau of Regulatory Review Schedule year schedule. Each year the Consumer Protection, Division of AGENCY: Federal Trade Commission. Commission publishes its review Marketing Practices, 600 Pennsylvania ACTION: Notification of intent to request schedule, with adjustments made in Ave. NW, Washington, DC 20580. public comments. response to public input, changes in the marketplace, and resource demands. The Commission is currently SUMMARY: As part of its ongoing, When the Commission reviews a rule reviewing 23 of the 62 rules and guides systematic review of all Federal Trade or guide, it publishes a notice in the within its jurisdiction. During 2020 and Commission rules and guides, the Federal Register seeking public 2021, it completed reviews of 16 CFR Commission announces a modified ten- comment on the continuing need for the 315, Contact Lens Rule; and 16 CFR 317, year regulatory review schedule. No rule or guide, as well as the rule’s or Prohibition of Energy Market Commission determination on the need guide’s costs and benefits to consumers Manipulation Rule. The Commission for, or the substance of, the rules and and businesses. Based on this feedback, has appended a copy of its modified guides listed below should be inferred the Commission may modify or repeal regulatory review schedule, indicating from this notification. the rule or guide to address public initiation dates for reviews through DATES: July 2, 2021. concerns or changed conditions, or to 2031. The Commission, in its discretion, reduce undue regulatory burden. ADDRESSES: may modify or reorder the schedule in Copies of this document are The Commission posts information available on the Commission’s website, the future to incorporate new rules, or about its review schedule on its to respond to external factors (such as www.ftc.gov. website 1 to facilitate comment. This changes in the law) or other FOR FURTHER INFORMATION CONTACT: website contains an updated review considerations. Further details about particular rules or schedule, a list of rules and guides guides may be obtained from the contact previously eliminated in the regulatory Authority: 15 U.S.C. 41–58. person listed below for the rule or review process, and the Commission’s By direction of the Commission. guide. For information about this regulatory review plan. document, please contact Jock Chung April J. Tabor, (202–326–2984), Federal Trade Modified Ten-Year Schedule for Secretary. Commission, Bureau of Consumer Review of FTC Rules and Guides Appendix Protection, Division of Enforcement, 600 For 2021, the Commission intends to Pennsylvania Avenue NW, Washington, initiate a review of, and solicit public DC 20580. comments on, the following rule:
REGULATORY REVIEW MODIFIED TEN-YEAR SCHEDULE
16 CFR part Topic Year to initiate review
24 ...... Guides for Select Leather and Imitation Leather Products ...... Currently Under Review. 255 ...... Guides Concerning Use of Endorsements and Testimonials in Advertising ...... Currently Under Review. 308 ...... Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992 Currently Under Review. [Pay Per Call Rule]. 310 ...... Telemarketing Sales Rule ...... Currently Under Review. 312 ...... Children’s Online Privacy Protection Rule ...... Currently Under Review. 313 ...... Privacy of Consumer Financial Information ...... Currently Under Review. 314 ...... Standards for Safeguarding Customer Information ...... Currently Under Review. 318 ...... Health Breach Notification Rule ...... Currently Under Review. 423 ...... Care Labeling of Textile Wearing Apparel and Certain Piece Goods ...... Currently Under Review. 432 ...... Power Output Claims for Amplifiers Utilized in Home Entertainment Products ...... Currently Under Review. 436 ...... Disclosure Requirements and Prohibitions Concerning Franchising ...... Currently Under Review. 453 ...... Funeral Industry Practices ...... Currently Under Review. 456 ...... Ophthalmic Practice Rules (Eyeglass Rule) ...... Currently Under Review. 640 ...... Duties of Creditors Regarding Risk-Based Pricing ...... Currently Under Review. 641 ...... Duties of Users of Consumer Reports Regarding Address Discrepancies ...... Currently Under Review. 642 ...... Prescreen Opt-Out Notice ...... Currently Under Review. 660 ...... Duties of Furnishers of Information to Consumer Reporting Agencies ...... Currently Under Review. 680 ...... Affiliate Marketing ...... Currently Under Review. 681 ...... Identity Theft [Red Flag] Rules ...... Currently Under Review. 698 ...... Model Forms and Disclosures ...... Currently Under Review. 801 ...... [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules ...... Currently Under Review. 802 ...... [Hart-Scott-Rodino Antitrust Improvements Act] Exemption Rules ...... Currently Under Review. 803 ...... [Hart-Scott-Rodino Antitrust Improvements Act] Transmittal Rules ...... Currently Under Review. 437 ...... Business Opportunity Rule ...... 2021. 233 ...... Guides Against Deceptive Pricing ...... 2022. 238 ...... Guides Against Bait Advertising ...... 2022. 251 ...... Guide Concerning Use of the Word ‘‘Free’’ and Similar Representations ...... 2022. 260 ...... Guides for the Use of Environmental Marketing Claims ...... 2022. 254 ...... Guides for Private Vocational and Distance Education Schools ...... 2023. 309 ...... Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles ...... 2023.
1 https://www.ftc.gov/enforcement/rules/ retrospective-review-ftc-rules-guides.
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REGULATORY REVIEW MODIFIED TEN-YEAR SCHEDULE—Continued
16 CFR part Topic Year to initiate review
429 ...... Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations ...... 2023. 20 ...... Guides for the Rebuilt, Reconditioned, and Other Used Automobile Parts Industry ...... 2024. 240 ...... Guides for Advertising Allowances and Other Merchandising Payments and Services [Fred Meyer 2024. Guides]. 300 ...... Rules and Regulations under the Wool Products Labeling Act of 1939 ...... 2024. 301 ...... Rules and Regulations under Fur Products Labeling Act ...... 2024. 303 ...... Rules and Regulations under the Textile Fiber Products Identification Act ...... 2024. 425 ...... Use of Prenotification Negative Option Plans ...... 2024. 435 ...... Mail, Internet, or Telephone Order Merchandise ...... 2024. 424 ...... Retail Food Store Advertising and Marketing Practices [Unavailability Rule] ...... 2024. 239 ...... Guides for the Advertising of Warranties and Guarantees ...... 2025. 306 ...... Automotive Fuel Ratings, Certification and Posting ...... 2025. 305 ...... Energy Labeling Rule ...... 2025. 444 ...... Credit Practices ...... 2025. 500 ...... Regulations under Section 4 of the Fair Packaging and Labeling Act ...... 2025. 501 ...... Exemptions from Requirements and Prohibitions under Part 500 ...... 2025. 502 ...... Regulations under Section 5(c) of the Fair Packaging and Labeling Act ...... 2025. 503 ...... Statements of General Policy or Interpretation [under the Fair Packaging and Labeling Act] ...... 2025. 700 ...... Interpretations of Magnuson-Moss Warranty Act ...... 2025. 701 ...... Disclosure of Written Consumer Product Warranty Terms and Conditions ...... 2025. 702 ...... Pre-Sale Availability of Written Warranty Terms ...... 2025. 703 ...... Informal Dispute Settlement Procedures ...... 2025. 304 ...... Rules and Regulations under the Hobby Protection Act ...... 2026. 455 ...... Used Motor Vehicle Trade Regulation Rule ...... 2026. 259 ...... Guide Concerning Fuel Economy Advertising for New Automobiles ...... 2027. 682 ...... Disposal of Consumer Report Information and Records ...... 2027. 23 ...... Guides for the Jewelry, Precious Metals, and Pewter Industries ...... 2028. 311 ...... Test Procedures and Labeling Standards for Recycled Oil ...... 2028. 460 ...... Labeling and Advertising of Home Insulation ...... 2028. 316 ...... CAN–SPAM Rule ...... 2029. 433 ...... Preservation of Consumers’ Claims and Defenses [Holder in Due Course Rule] ...... 2029. 315 ...... Contact Lens Rule ...... 2030. 317 ...... Prohibition of Energy Market Manipulation Rule ...... 2031.
[FR Doc. 2021–13724 Filed 7–1–21; 8:45 am] areas during the events unless § Section BILLING CODE 6750–01–P authorized by the Captain of the Port U.S.C. United States Code San Diego or a designated II. Background, Purpose, and Legal representative. We invite your Basis comments on this proposed rulemaking. DEPARTMENT OF HOMELAND The Coast Guard proposes to amend DATES: SECURITY Comments and related material 33 CFR 100.1101 by adding a new must be received by the Coast Guard on reoccurring marine event to the Table 1 Coast Guard or before August 2, 2021. of Section § 100.1101 for a swim race in ADDRESSES: You may submit comments San Diego Bay, CA. 33 CFR Part 100 identified by docket number USCG– The Honor Foundation notified the [Docket Number USCG–2021–0426] 2021–0426 using the Federal Coast Guard that it will be hosting the eRulemaking Portal at https:// Honor Foundation Swim for Special RIN 1625–AA00 www.regulations.gov. See the ‘‘Public Operations Forces (SOF) annually on a Participation and Request for Special Local Regulation; Swim for Saturday during the month of Comments’’ portion of the Special Operations Forces; San Diego September. The regulated area would SUPPLEMENTARY INFORMATION section for Bay, San Diego, CA cover all navigable waters of the San further instructions on submitting Diego Bay, beginning at Glorietta Bay, AGENCY: Coast Guard, DHS. comments. continuing to Tidelands Park before ACTION: Notice of proposed rulemaking. FOR FURTHER INFORMATION CONTACT: If proceeding north along the Coronado you have questions about this proposed shoreline, crossing the federal navigable SUMMARY: The Coast Guard is proposing rulemaking, call or email Lieutenant channel at Bayview Park, and finishing to amend its special local regulations for Commander John Santorum, Waterways at the USS MIDWAY Museum. recurring marine parades, regattas, and Management, U.S. Coast Guard; The proposed annually reoccurring other events in Southern California telephone 619–278–7656, email special local regulation is necessary to Annual Marine Events for the San Diego [email protected]. provide for the safety of life on Captain of the Port Zone. This proposed SUPPLEMENTARY INFORMATION: navigable waters during the event. rule would add one new recurring Based on the nature of this marine special local regulation. This action is I. Table of Abbreviations event, the large number of participants, necessary to provide for the safety of life CFR Code of Federal Regulations and event location, the COTP has on the navigable waters during the DHS Department of Homeland Security determined that the event listed in this event. This proposed rulemaking would FR Federal Register proposed rule could pose a risk to restrict vessel traffic in the designated NPRM Notice of proposed rulemaking participants or waterways users if the
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normal vessel traffic were to interfere a Broadcast Notice to Mariners via responsibilities among the various with the event. Possible hazards include VHF–FM marine channel 16 about the levels of government. We have analyzed risks of injury or death from near or areas, and the rule would allow vessels this proposed rule under that Order and actual contact among participants and to seek permission to enter the areas. have determined that it is consistent mariners traversing through the with the fundamental federalism B. Impact on Small Entities regulated area. In order to protect the principles and preemption requirements safety of all waterway users, including The Regulatory Flexibility Act of described in Executive Order 13132. event participants and spectators, this 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have proposed rule would establish a special requires Federal agencies to consider tribal implications under Executive local regulation for the time and the potential impact of regulations on Order 13175 (Consultation and location of the marine event. Vessels small entities during rulemaking. The Coordination with Indian Tribal would not be permitted to enter the term ‘‘small entities’’ comprises small Governments) because it would not regulated areas unless authorized by the businesses, not-for-profit organizations have a substantial direct effect on one or COTP or a designated representative. that are independently owned and more Indian tribes, on the relationship The Coast Guard proposes this operated and are not dominant in their between the Federal Government and rulemaking under authority in 46 U.S.C. fields, and governmental jurisdictions Indian tribes, or on the distribution of 70041. with populations of less than 50,000. power and responsibilities between the The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. III. Discussion of Proposed Rule 605(b) that this proposed rule would not If you believe this proposed rule has The Coast Guard proposes to add one have a significant economic impact on implications for federalism or Indian new recurring special local regulation in a substantial number of small entities. tribes, please call or email the person Table 1 to § 100.1101 for the Honor While some owners or operators of listed in the FOR FURTHER INFORMATION Foundation Swim for Special vessels intending to transit the safety CONTACT section. Operations Forces. The duration of the zone may be small entities, for the E. Unfunded Mandates Reform Act regulated area is intended to ensure the reasons stated in section IV.A above, safety of the public during the swim. this proposed rule would not have a The Unfunded Mandates Reform Act Non-participant vessels are not significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires permitted to enter, transit through, vessel owner or operator. Federal agencies to assess the effects of anchor in, or remain within the If you think that your business, their discretionary regulatory actions. In regulated area without obtaining organization, or governmental particular, the Act addresses actions permission from the Captain of the Port jurisdiction qualifies as a small entity that may result in the expenditure by a San Diego or a designated and that this rule would have a State, local, or tribal government, in the representative. The Coast Guard will significant economic impact on it, aggregate, or by the private sector of provide notice of the regulated area by please submit a comment (see $100,000,000 (adjusted for inflation) or Broadcast Notice to Mariners and on- ADDRESSES) explaining why you think it more in any one year. Though this scene designated representatives. The qualifies and how and to what degree proposed rule would not result in such regulatory text we are proposing appears this rule would economically affect it. an expenditure, we do discuss the at the end of this document. Under section 213(a) of the Small effects of this rule elsewhere in this Business Regulatory Enforcement preamble. IV. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), F. Environment We developed this proposed rule after we want to assist small entities in considering numerous statutes and understanding this proposed rule. If the We have analyzed this proposed rule Executive orders related to rulemaking. rule would affect your small business, under Department of Homeland Below we summarize our analyses organization, or governmental Security Directive 023–01, Rev. 1, based on a number of these statutes and jurisdiction and you have questions associated implementing instructions, Executive orders, and we discuss First concerning its provisions or options for and Environmental Planning Amendment rights of protestors. compliance, please call or email the COMDTINST 5090.1 (series), which guide the Coast Guard in complying A. Regulatory Planning and Review person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast with the National Environmental Policy Executive Orders 12866 and 13563 Guard will not retaliate against small Act of 1969 (42 U.S.C. 4321–4370f), and direct agencies to assess the costs and entities that question or complain about have made a preliminary determination benefits of available regulatory this proposed rule or any policy or that this action is one of a category of alternatives and, if regulation is action of the Coast Guard. actions that do not individually or necessary, to select regulatory cumulatively have a significant effect on approaches that maximize net benefits. C. Collection of Information the human environment. This proposed This NPRM has not been designated a This proposed rule would not call for rule involves a regulated area that ‘‘significant regulatory action,’’ under a new collection of information under would prohibit persons and vessels Executive Order 12866. Accordingly, the Paperwork Reduction Act of 1995 from transiting the regulated area during the NPRM has not been reviewed by the (44 U.S.C. 3501–3520). the swim event. Normally such actions Office of Management and Budget are categorically excluded from further (OMB). D. Federalism and Indian Tribal review under paragraph L[61] of This regulatory action determination Governments Appendix A, Table 1 of DHS Instruction is based on the size, location, and A rule has implications for federalism Manual 023–01–001–01, Rev. 1. A duration of the special local regulation. under Executive Order 13132 preliminary Record of Environmental Vessel traffic would be able to safely (Federalism), if it has a substantial Consideration supporting this transit around this special local direct effect on the States, on the determination is available in the docket. regulation, which would impact a small- relationship between the National For instructions on locating the docket, designated area of the San Diego Bay. Government and the States, or on the see the ADDRESSES section of this Moreover, the Coast Guard would issue distribution of power and preamble. We seek any comments or
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information that may lead to the applies, and provide a reason for each post comments that address the topic of discovery of a significant environmental suggestion or recommendation. the proposed rule. We may choose not impact from this proposed rule. We encourage you to submit to post off-topic, inappropriate, or comments through the Federal duplicate comments that we receive. G. Protest Activities eRulemaking Portal at https:// The Coast Guard respects the First www.regulations.gov. If your material List of Subjects in 33 CFR Part 100 Amendment rights of protesters. cannot be submitted using https:// Marine safety, Navigation (water), Protesters are asked to call or email the www.regulations.gov, call or email the Reporting and recordkeeping person listed in the FOR FURTHER person in the FOR FURTHER INFORMATION requirements, Waterways. INFORMATION CONTACT section to CONTACT section of this document for For the reasons discussed in the coordinate protest activities so that your alternate instructions. preamble, the Coast Guard is proposing message can be received without We accept anonymous comments. to amend 33 CFR part 100 as follows: jeopardizing the safety or security of Comments we post to https:// people, places, or vessels. www.regulations.gov will include any PART 100—SAFETY OF LIFE ON personal information you have NAVIGABLE WATERS V. Public Participation and Request for provided. For more about privacy and Comments submissions in response to this ■ 1. The authority citation for part 100 We view public participation as document, see DHS’s eRulemaking continues to read as follows: essential to effective rulemaking, and System of Records notice (85 FR 14226, Authority: 46 U.S.C. 70041; 33 CFR 1.05– will consider all comments and material March 11, 2020). 1. received during the comment period. Documents mentioned in this NPRM ■ Your comment can help shape the as being available in the docket, and 2. In § 100.1101, in table 1 to outcome of this rulemaking. If you public comments, will be in our online § 100.1101, add item number 16 to read submit a comment, please include the docket at https://www.regulations.gov as follows: docket number for this rulemaking, and can be viewed by following that § 100.1101 Southern California Annual indicate the specific section of this website’s instructions. We review all Marine Events for the San Diego Captain of document to which each comment comments received, but we will only the Port Zone.
TABLE 1 TO § 100.1101
*******
16. Swim for Special Operations Forces; San Diego Bay, San Diego, CA
Sponsor ...... The Honor Foundation. Event Description ...... SS Swim race. Date ...... Saturday in September. Location ...... San Diego Bay, CA. Regulated Area ...... All waters of San Diego Bay, from surface to bottom, beginning at Glorietta Bay, continuing to Tidelands Park, proceeding north along the Coronado shoreline, crossing the federal navigable channel at Bayview Park, and finishing at the USS MIDWAY Museum.
Dated: June 25, 2021. extending the entire width of the river, SUPPLEMENTARY INFORMATION section for T.J. Barelli, from mile marker (MM) 777.3 to MM further instructions on submitting Captain, U.S. Coast Guard, Captain of the 778.3. This action is necessary to comments. Port San Diego. provide for the safety of life on these FOR FURTHER INFORMATION CONTACT: If [FR Doc. 2021–14230 Filed 7–1–21; 8:45 am] navigable waters near Newburgh, you have questions about this proposed BILLING CODE 9110–04–P Indiana, during the City of Newburgh rulemaking, call or email MST3 fireworks display on September 4, 2021. Matthews U.S. Coast Guard, telephone This proposed rulemaking would 502–779–5334, email secohv-wwm@ DEPARTMENT OF HOMELAND prohibit persons and vessels from being uscg.mil. SECURITY in the safety zone unless authorized by the Captain of the Port Sector Ohio SUPPLEMENTARY INFORMATION: Coast Guard Valley or a designated representatitve. I. Table of Abbreviations We invite your comments on this 33 CFR Part 165 proposed rulemaking. CFR Code of Federal Regulations COTP Captain of the Port Sector Ohio [Docket Number USCG–2021–0451] DATES: Comments and related material Valley RIN 1625–AA00 must be received by the Coast Guard on DHS Department of Homeland Security or before August 2, 2021. FR Federal Register Safety Zone; Ohio River, Newburgh, IN NPRM Notice of proposed rulemaking ADDRESSES: You may submit comments § Section AGENCY: Coast Guard, DHS. identified by docket number USCG– U.S.C. United States Code ACTION: Notice of proposed rulemaking. 2021–0451 using the Federal Decision Making Portal at https:// II. Background, Purpose, and Legal SUMMARY: The Coast Guard is proposing www.regulations.gov. See the ‘‘Public Basis to establish a temporary safety zone for Participation and Request for On June 17, 2021, the Historic all navigable waters of the Ohio River Comments’’ portion of the Newburgh, Inc notified the Coast Guard
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that it will be conducting a fireworks This safety zone would restrict transit D. Federalism and Indian Tribal display from 9:30 p.m. to 10 p.m. on on a one-mile stretch of the Ohio River Governments September 4, 2021. The fireworks are to for thirty minutes on one day. Morever, A rule has implications for federalism be launched from the shore of the Ohio the Coast Guard would issue Broadcast under Executive Order 13132 River at approximately mile marker Notice to Mariners (BNMs), Local (Federalism), if it has a substantial (MM) 777.3 to MM 778.3. Hazards from Notices to Mariners (LNMs), and Marine direct effect on the States, on the firework displays include accidental Safety Information Bulletins (MSIBs) relationship between the National discharge of fireworks, dangerous about this safety zone so that waterway Government and the States, or on the projectiles, and falling hot embers or users may plan accordingly for this distribution of power and other debris. The Captain of the Port short restriction on transit, and the rule responsibilities among the various Sector Ohio Valley (COTP) has would allow vessels to request levels of government. We have analyzed determined that potential hazards permission to enter the zone. this proposed rule under that Order and associated with the fireworks to be used B. Impact on Small Entities have determined that it is consistent in this display would be a safety with the fundamental federalism concern for anyone on a one-mile The Regulatory Flexibility Act of principles and preemption requirements stretch of the Ohio River. 1980, 5 U.S.C. 601–612, as amended, described in Executive Order 13132. The purpose of this rulemaking is to requires Federal agencies to consider Also, this proposed rule does not have ensure the safety of vessels and the the potential impact of regulations on tribal implications under Executive navigable waters within a one-mile small entities during rulemaking. The Order 13175 (Consultation and stretch of the Ohio River before, during, term ‘‘small entities’’ comprises small Coordination with Indian Tribal and after the scheduled event. The Coast businesses, not-for-profit organizations Governments) because it would not Guard is proposing this rulemaking that are independently owned and have a substantial direct effect on one or under authority in 46 U.S.C. 70034 operated and are not dominant in their more Indian tribes, on the relationship (previously 33 U.S.C. 1231). fields, and governmental jurisdictions between the Federal Government and III. Discussion of Proposed Rule with populations of less than 50,000. Indian tribes, or on the distribution of The Coast Guard certifies under 5 U.S.C. The COTP is proposing to establish a power and responsibilities between the 605(b) that this proposed rule would not safety zone from 9:30 p.m. to 10 p.m. on Federal Government and Indian tribes. have a significant economic impact on September 4, 2021. The safety zone If you believe this proposed rule has a substantial number of small entities. would cover all navigable waters, implications for federalism or Indian extending the entire width of the river, While some owners or operators of tribes, please call or email the person from MM 777.3 to MM 778.3. The vessels intending to transit the listed in the FOR FURTHER INFORMATION duration of the zone is intended to temporary safety zone may be small CONTACT section. ensure the safety of vessels and these entities, for the reasons stated in section E. Unfunded Mandates Reform Act navigable waters before, during, and IV.A above, this proposed rule would after the scheduled 9:30 p.m. to 10 p.m. not have a significant economic impact The Unfunded Mandates Reform Act fireworks display. No vessel or person on any vessel owner or operator. of 1995 (2 U.S.C. 1531–1538) requires would be permitted to enter the safety If you think that your business, Federal agencies to assess the effects of zone without obtaining permission from organization, or governmental their discretionary regulatory actions. In the COTP or a designated jurisdiction qualifies as a small entity particular, the Act addresses actions representative. The regulatory text we and that this rule would have a that may result in the expenditure by a are proposing appears at the end of this significant economic impact on it, State, local, or tribal government, in the document. please submit a comment (see aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or ADDRESSES) IV. Regulatory Analyses explaining why you think it qualifies and how and to what degree more in any one year. Though this We developed this proposed rule after this rule would economically affect it. proposed rule would not result in such considering numerous statutes and an expenditure, we do discuss the Under section 213(a) of the Small Executive orders related to rulemaking. effects of this rule elsewhere in this Business Regulatory Enforcement Below we summarize our analyses preamble. Fairness Act of 1996 (Pub. L. 104–121), based on a number of these statutes and we want to assist small entities in F. Environment Executive orders, and we discuss First understanding this proposed rule. If the Amendment rights of protestors. We have analyzed this proposed rule rule would affect your small business, under Department of Homeland A. Regulatory Planning and Review organization, or governmental Security Directive 023–01, Rev. 1, Executive Orders 12866 and 13563 jurisdiction and you have questions associated implementing instructions, direct agencies to assess the costs and concerning its provisions or options for and Environmental Planning benefits of available regulatory compliance, please call or email the COMDTINST 5090.1 (series), which alternatives and, if regulation is person listed in the FOR FURTHER guide the Coast Guard in complying necessary, to select regulatory INFORMATION CONTACT section. The Coast with the National Environmental Policy approaches that maximize net benefits. Guard will not retaliate against small Act of 1969 (42 U.S.C. 4321–4370f), and This NPRM has not been designated a entities that question or complain about have made a preliminary determination ‘‘significant regulatory action,’’ under this proposed rule or any policy or that this action is one of a category of Executive Order 12866. Accordingly, action of the Coast Guard. actions that do not individually or the NPRM has not been reviewed by the C. Collection of Information cumulatively have a significant effect on Office of Management and Budget the human environment. This proposed (OMB). This proposed rule would not call for rule involves a safety zone lasting only This regulatory action determination a new collection of information under thirty minutes that will prohibit entry is based on the size, location, and the Paperwork Reduction Act of 1995 within a one-mile stretch of the Ohio duration of the temporary safety zone. (44 U.S.C. 3501–3520). River for one day. Normally such
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actions are categorically excluded from the proposed rule. We may choose not ENVIRONMENTAL PROTECTION further review under paragraph L60(a) to post off-topic, inappropriate, or AGENCY of Appendix A, Table 1 of DHS duplicate comments that we receive. 40 CFR Part 52 Instruction Manual 023–01–001–01, Personal information. We accept Rev. 1. A preliminary Record of anonymous comments. Comments we Environmental Consideration [EPA–R04–OAR–2020–0726; FRL–10025– post to https://www.regulations.gov will 46–Region 4] supporting this determination is include any personal information you available in the docket. For instructions Air Plan Approval; North Carolina; on locating the docket, see the have provided. For more about privacy and submissions to the docket in Mecklenburg Miscellaneous Rules ADDRESSES section of this preamble. We Revisions seek any comments or information that response to this document, see DHS’s may lead to the discovery of a eRulemaking System of Records notice AGENCY: Environmental Protection significant environmental impact from (85 FR 14226, March 11, 2020). Agency (EPA). this proposed rule. List of Subjects in 33 CFR Part 165 ACTION: Proposed rule. G. Protest Activities Harbors, Marine safety, Navigation SUMMARY: The Environmental Protection The Coast Guard respects the First (water), Reporting and recordkeeping Agency (EPA) is proposing to approve a Amendment rights of protesters. requirements, Security measures, State Implementation Plan (SIP) Protesters are asked to call or email the Waterways. revision to the Mecklenburg County person listed in the FOR FURTHER portion of the North Carolina SIP, INFORMATION CONTACT section to For the reasons discussed in the hereinafter referred to as the coordinate protest activities so that your preamble, the Coast Guard is proposing Mecklenburg Local Implementation message can be received without to amend 33 CFR part 165 as follows: Plan (LIP). The revision was submitted jeopardizing the safety or security of by the State of North Carolina, through people, places, or vessels. PART 165—REGULATED NAVIGATION the North Carolina Division of Air AREAS AND LIMITED ACCESS AREAS V. Public Participation and Request for Quality (NCDAQ), on behalf of Comments Mecklenburg County Air Quality ■ 1. The authority citation for part 165 (MCAQ) via a letter dated April 24, We view public participation as continues to read as follows: 2020, and was received by EPA on June essential to effective rulemaking, and 19, 2020. The revision updates several will consider all comments and material Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Mecklenburg County Air Pollution received during the comment period. Control Ordinance (MCAPCO) rules Your comment can help shape the Department of Homeland Security Delegation No. 0170.1. incorporated into the LIP. EPA is outcome of this rulemaking. If you proposing to approve these changes submit a comment, please include the ■ 2. Add § 165.T08–0451 to read as pursuant to the Clean Air Act (CAA or docket number for this rulemaking, follows: Act). indicate the specific section of this document to which each comment § 165.T08–0451 Safety Zone; Ohio River, DATES: Comments must be received on applies, and provide a reason for each Newburgh, IN. or before August 2, 2021. suggestion or recommendation. ADDRESSES: Submit your comments, Submitting comments. We encourage (a) Location. The following area is a identified by Docket ID No. EPA–R04– you to submit comments through the safety zone: All navigable waters of the OAR–2020–0726 at Federal Decision Making Portal at Ohio River between MM 777.3 to MM www.regulations.gov. Follow the online https://www.regulations.gov. To do so, 778.3 in Newburgh, IN. instructions for submitting comments. go to https://www.regulations.gov, type (b) Regulations. (1) Under the general Once submitted, comments cannot be USCG–2021–0451 in the ‘‘SEARCH’’ safety zone regulations in subpart C of edited or removed from Regulations.gov. box and click ‘‘SEARCH.’’ Next, look for this part, you may not enter the safety EPA may publish any comment received this document in the Search Results zone described in paragraph (a) of this to its public docket. Do not submit column, and click on it. Then click on section unless authorized by the COTP electronically any information you the Comment option. If you cannot or the COTP’s designated representative. consider to be Confidential Business Information (CBI) or other information submit your material by using https:// (2) To seek permission to enter, www.regulations.gov, call or email the whose disclosure is restricted by statute. contact the COTP or the COTP’s person in the FOR FURTHER INFORMATION Multimedia submissions (audio, video, representative by VHF–FM radio CONTACT section of this proposed rule etc.) must be accompanied by a written channel 16 or phone at 1–800–253– for alternate instructions. comment. The written comment is Viewing material in docket. To view 7465. Those in the safety zone must considered the official comment and documents mentioned in this proposed comply with all lawful orders or should include discussion of all points rule as being available in the docket, directions given to them by the COTP or you wish to make. EPA will generally find the docket as described in the the COTP’s designated representative. not consider comments or comment previous paragraph, and then select (c) Enforcement period. This section contents located outside of the primary ‘‘Supporting & Related Material’’ in the will be enforced from 9:30 p.m. to 10 submission (i.e., on the web, cloud, or Document Type column. Public p.m. on September 4, 2021. other file sharing system). For comments will also be placed in our additional submission methods, the full Dated: June 29, 2021. online docket and can be viewed by EPA public comment policy, following instructions on the https:// A.M. Beach, information about CBI or multimedia www.regulations.gov Frequently Asked Captain, U.S. Coast Guard, Captain of the submissions, and general guidance on Questions web page. We review all Port Sector Ohio Valley. making effective comments, please visit comments received, but we will only [FR Doc. 2021–14228 Filed 7–1–21; 8:45 am] www2.epa.gov/dockets/commenting- post comments that address the topic of BILLING CODE 9110–04–P epa-dockets.
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FOR FURTHER INFORMATION CONTACT: The submittal also asks EPA to including fences and office buildings Evan Adams, Air Regulatory reincorporate the following rules into that are not a necessary component of Management Section, Air Planning and the LIP with a new effective date. The an air contaminant source, equipment, Implementation Branch, Air and January 21, 2016, submission includes or associated cleaning device for which Radiation Division, U.S. Environmental updates to the effective dates of the a permit is required. Protection Agency, Region 4, 61 Forsyth following rules: MCAPCO Rules 1.5301, EPA is proposing to approve the Street SW, Atlanta, Georgia 30303–8960. Special Enforcement Procedures; updates to Rule 2.0101 because they The telephone number is (404) 562– 1.5302, Criminal Penalties; 1.5303, Civil better align the LIP with the SIP and 9009. Mr. Adams can also be reached Injunction; 1.5304, Civil Penalties; will not interfere with any applicable via electronic mail at adams.evan@ 1.5306, Hearings; 1.5307, Judicial Clean Air Act (CAA) requirements.5 epa.gov. Review; 2.0301, Purpose; and 2.0305, Rule 2.0201, Classification of Air Emission Reduction Plant: Alert Level. SUPPLEMENTARY INFORMATION: Pollution Sources The text of these rules has not changed. I. Background and Overview The remainder of this section discusses The April 24, 2020, revision modifies the proposed changes to Rules 2.0101, Rule 2.0201, Classification of Air The Mecklenburg County LIP was 2.0201, 2.0202, 2.0302, 2.0303, and Pollution Sources, under Article 2.0000, submitted to EPA on June 14, 1990, and 2.0304. by making grammatical updates and EPA approved the plan on May 2, 1991. clarifying that the classification system See 56 FR 20140. Mecklenburg County Rule 2.0101, ‘‘Definitions’’ applies to all air pollution sources is now requesting that EPA approve The April 24, 2020, revision modifies governed by the Article. Rule 2.0201 updates to the LIP for general Rule 2.0101, Definitions, under Article was first approved by EPA into the LIP consistency with the North Carolina 2.0000, Air Pollution and Control on May 2, 1991 (56 FR 20140), and 1 SIP. Mecklenburg County prepared Regulations and Procedures, by establishes a system to classify air three submittals in order to update the updating terms and definitions, the pollution sources covered by Article LIP and reflect regulatory and formatting of units, and references to 2.0000. The edits align 6 the rule with administrative changes that NCDAQ more closely align the rule with the SIP- the SIP-approved state rule, 15A NCAC made to the North Carolina SIP since approved state rule at 15A NCAC 02D 02D .0201, Classification of Air EPA’s 1991 LIP approval. The three .0101, Definitions. Rule 2.0101 was first Pollution Sources. EPA most recently submittals were submitted as follows: approved by EPA into the LIP on May incorporated updates to the state rule in NCDAQ transmitted the October 25, 2, 1991 (56 FR 20140), and defines North Carolina’s SIP on April 10, 2019. 2017, submittal to EPA but later certain terms used in Article 2.0000. See 84 FR 14308. EPA is proposing to withdrew it from review through a letter EPA most recently approved updates to approve the updates to Rule 2.0201 dated February 15, 2019. On April 24, 15A NCAC 02D .0101 in the SIP on July because they better align the LIP with 2020, NCDAQ resubmitted the October 17, 2020. See 85 FR 43461. the SIP and will not interfere with any 25, 2017, update to EPA and also The changes to Rule 2.0101 reorganize applicable CAA requirements. submitted the January 21, 2016, and the defined terms alphabetically, add January 14, 2019, updates. Due to an several terms and definitions, and delete Rule 2.0202, Registration of Air inconsistency with public notice at the one term and definition. The revisions Pollution Sources local level, these submittals were add the terms ‘‘Administrator,’’ The April 24, 2020, revision modifies withdrawn from EPA through a letter ‘‘Approved,’’ ‘‘Capture system,’’ Rule 2.0202, Registration of Air dated February 15, 2019. Mecklenburg ‘‘Control device,’’ ‘‘Day,’’ ‘‘Emission,’’ Pollution Sources, by adding a reference County corrected this error, and NCDAQ ‘‘Person,’’ ‘‘PM2.5,’’ and ‘‘Transportation to the governing North Carolina statute submitted the updates to EPA in a facility,’’ and remove the term ‘‘Smoke at G.S. 143–215.107(a)(4). Rule 2.0202 submittal dated April 24, 2020.2 density measuring device.’’ 4 was first approved by EPA into the LIP The terms and definitions in the II. What action is EPA proposing to on May 2, 1991 (56 FR 20140), and revised version of Rule 2.0101 and the take? identifies the information that an air SIP at 15A NCAC 02D .0101, pollution source must submit in order to The April 24, 2020, submittal Definitions, only have a few differences. register the source with MCAQ. The includes changes and updates to the These include several LIP-approved minor edits align 7 the rule with the following rules to more closely align exceptions in the definition of current SIP-approved rule, 15A NCAC them with their analog SIP-approved ‘‘Construction’’ at 2.0101(9)(a–d). These 02D .0202, Registration of Air Pollution North Carolina regulations. The January exemptions apply to a limited number Sources. EPA most recently 14, 2019, the submission includes of activities such as clearing and incorporated updates to the state rule in changes and updates to MCAPCO Rules grading, building access roads, North Carolina’s SIP on April 10, 2019. 2.0101, Definitions; 2.0201, driveways, and parking lots, building See 84 FR 14308. EPA is proposing to Classification of Air Pollution Sources; and installing underground pipe work, approve the updates to Rule 2.0202 2.0202, Registration of Air Pollution and building ancillary structures, Sources; 2.0302, Episode Criteria; 5 Section 110(l) of the CAA prohibits EPA from 2.0303, Emission Reduction Plans; and not addressed in this notice. EPA will be acting on approving a SIP revision that would interfere with 2.0304, Preplanned Abatement those rules in separate actions. any applicable requirement concerning attainment 4 and reasonable further progress (as defined in Program.3 The terms ‘‘Approved,’’ ‘‘Capture system,’’ ‘‘Control device,’’ ‘‘Day,’’ ‘‘Emission,’’ and ‘‘Person’’ section 171), or any other applicable requirement of also appear in the LIP-approved version of Rule the Act. 1 Hereinafter, the terms ‘‘North Carolina SIP’’ and 2.0901 with minor differences. The April 24, 2020 6 The only differences between the revised ‘‘SIP’’ refer to the North Carolina regulatory portion submittal seeks to remove these terms from Rule version of 2.0201 and the SIP-approved version of of the North Carolina SIP (i.e., the portion that 2.0901, Definitions, under Article 2.9000, Volatile 15A NCAC 02D .0201 tailor the rules to reference contains SIP-approved North Carolina regulations). Organic Compounds, in effect moving them to Rule their respective governing bodies. 2 EPA notes that the April 24, 2020, submittal was 2.0101; however, EPA is not proposing to act on the 7 The only differences between the revised received by EPA on June 19, 2020. removal of these terms from Rule 2.0901 at this version of 2.0202 and the SIP-approved version of 3 The April 24, 2020 submittal contains changes time. EPA will act on the changes to Rule 2.0901 15A NCAC 02D .0202 tailor the rules to reference to other Mecklenburg LIP-approved rules that are in a separate action. their respective governing bodies.
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because they better align the LIP with Rule 2.0304, Preplanned Abatement Enforcement Procedures; 1.5302— the SIP and will not interfere with any Program Criminal Penalties; 1.5303—Civil applicable CAA requirements. The April 24, 2020, revision modifies Injunction, 1.5304—Civil Penalties; 1.5306—Hearings; 1.5307—Judicial Rule 2.0302, Episode Criteria Rule 2.0304, Preplanned Abatement Program, by making updates to Review; 2.0101—Definitions; 2.0201— The April 24, 2020, revision modifies references. Rule 2.0304 was first Classification of Air Pollution Sources; Rule 2.0302, Episode Criteria, by approved by EPA into the LIP on May 2.0202—Registration of Air Pollution Sources; 2.0301—Purpose; 2.0302— updating the format of units, updating 2, 1991 (56 FR 20140), and establishes Episode Criteria; 2.0303—Emission who proclaims air quality alerts and who must prepare a plan to reduce Reduction Plans; 2.0304—Preplanned warnings and declarations of emergency emissions during any air pollution 10 Abatement Program; and 2.0305— at various pollutant levels requiring episode. The edits align the rule with the current SIP-approved rule, 15A Emission Reduction Plant: Alert Level. abatement actions from the Director of EPA is proposing to approve these MCAQ with concurrence of the NCAC 02D .0304, Preplanned Abatement Program. EPA most recently revisions because they are consistent Governor, removing obsolete pollutant incorporated updates to the state rule in with the CAA. levels triggering such proclamations or North Carolina’s SIP on April 10, 2019. declarations, and renumbering the V. Statutory and Executive Order See 84 FR 14308. EPA is proposing to Reviews subsections as a result of the approve the updates to Rule 2.0304 aforementioned changes. Rule 2.0302 because they better align the LIP with Under the CAA, the Administrator is was first approved by EPA into the LIP the SIP and will not interfere with any required to approve a SIP submission on May 2, 1991 (56 FR 20140), and applicable CAA requirements. that complies with the provisions of the establishes guidance for the Director on Act and applicable Federal regulations. when to issue an air pollution alert. The III. Incorporation by Reference See 42 U.S.C. 7410(k); 40 CFR 52.02(a). edits to Rule 2.0302 align 8 the rule with In this document, EPA is proposing to Thus, in reviewing SIP submissions, the current SIP-approved rule, 15A include in a final EPA rule regulatory EPA’s role is to approve state choices, NCAC 02D .0302, Episode Criteria. EPA text that includes incorporation by provided they meet the criteria of the most recently incorporated updates to reference. In accordance with CAA. This proposed action merely the state rule in North Carolina’s SIP on requirements of 1 CFR 51.5, EPA is proposes to approve state law as April 10, 2019. See 84 FR 14308. EPA proposing to approve MCAPCO Rules meeting Federal requirements and does not impose additional requirements is proposing to approve the updates to 1.5301—Special Enforcement beyond those imposed by state law. For Rule 2.0302 because they better align Procedures; 1.5302—Criminal Penalties; 1.5303—Civil Injunction; 1.5304—Civil that reason, this proposed action: the LIP with the SIP and will not • Penalties; 1.5306—Hearings; 1.5307— Is not a significant regulatory action interfere with any applicable CAA subject to review by the Office of requirements. Judicial Review; 2.0301—Purpose; and 2.0305—Emission Reduction Plant: Management and Budget under Rule 2.0303, Emission Reduction Plans Alert Level, all of which have an Executive Orders 12866 (58 FR 51735, effective date of December 15, 2015; as October 4, 1993) and 13563 (76 FR 3821, The April 24, 2020, revision modifies January 21, 2011); well as MCAPCO Rules 2.0101— • Rule 2.0303, Emission Reduction Plans, Definitions; 2.0201—Classification of Does not impose an information by making updates to references. Rule Air Pollution Sources; 2.0202— collection burden under the provisions 2.0303 was first approved by EPA into Registration of Air Pollution Sources; of the Paperwork Reduction Act (44 the LIP on May 2, 1991 (56 FR 20140), 2.0302—Episode Criteria; 2.0303— U.S.C. 3501 et seq.); • Is certified as not having a and establishes when persons Emission Reduction Plans; and 2.0304— significant economic impact on a responsible for operating an air Preplanned Abatement Program, all of substantial number of small entities pollution source must take air pollution which have an effective date of under the Regulatory Flexibility Act (5 alert, warning, or emergency actions. December 18, 2018, into the The revisions add a cross-reference to U.S.C. 601 et seq.); Mecklenburg County portion of the • Does not contain any unfunded Rule 2.0304, Preplanned Abatement North Carolina SIP to update the rules mandate or significantly or uniquely Program, described below. The edits to more closely align with their analog 9 affect small governments, as described align the rule with the current SIP- North Carolina rules in the SIP. EPA has in the Unfunded Mandates Reform Act approved rule, 15A NCAC 02D .0303, made and will continue to make the SIP of 1995 (Pub. L. 104–4); Emission Reduction Plans. EPA most generally available through • Does not have Federalism recently incorporated updates to the www.regulations.gov and at the EPA implications as specified in Executive state rule in North Carolina’s SIP on Region 4 Office (please contact the Order 13132 (64 FR 43255, August 10, April 10, 2019. See 84 FR 14308. EPA person identified in the FOR FURTHER 1999); is proposing to approve the updates to INFORMATION CONTACT section of this • Is not an economically significant Rule 2.0303 because they better align preamble for more information). regulatory action based on health or the LIP with the SIP and will not IV. Proposed Action safety risks subject to Executive Order interfere with any applicable CAA 13045 (62 FR 19885, April 23, 1997); EPA is proposing to approve the requirements. • Is not a significant regulatory action aforementioned revisions to the subject to Executive Order 13211 (66 FR Mecklenburg LIP. Specifically, EPA is 8 28355, May 22, 2001); The only differences between the revised proposing to approve revisions to version of 2.0302 and the SIP-approved version of • Is not subject to requirements of 15A NCAC 02D .0302 tailor the rules to reference MCAPCO Rules 1.5301—Special Section 12(d) of the National their respective governing bodies. Technology Transfer and Advancement 9 The only differences between the revised 10 The only differences between the revised version of 2.0303 and the SIP-approved version of version of 2.0304 and SIP-approved version of 15A Act of 1995 (15 U.S.C. 272 note) because 15A NCAC 02D .0303 tailor the rules to reference NCAC 02D .0304 tailor the rules to reference their application of those requirements would their respective governing bodies. respective governing bodies. be inconsistent with the CAA; and
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• Does not provide EPA with the not begin a new Federal Implementation Department of Environment, Great discretionary authority to address, as Plan (FIP) clock, because the FIPs are Lakes and Energy (EGLE) intended to appropriate, disproportionate human already in place. address all applicable infrastructure health or environmental effects, using DATES: Comments must be received on requirements for the 2015 ozone practicable and legally permissible or before August 2, 2021. NAAQS. EPA is disapproving the methods, under Executive Order 12898 ADDRESSES: Submit your comments, portion of the submission pertaining to (59 FR 7629, February 16, 1994). identified by Docket ID No. EPA–R05– the visibility protection requirements of The SIP is not approved to apply on OAR–2019–0215 at http:// section 110(a)(2)(D)(i)(II) with respect to any Indian reservation land or in any www.regulations.gov, or via email to the 2015 ozone NAAQS. The other area where EPA or an Indian tribe [email protected]. For comments disapproval portion of this action does has demonstrated that a tribe has submitted at Regulations.gov, follow the not begin a new FIP clock, because the jurisdiction. In those areas of Indian online instructions for submitting FIPs are already in place. EPA will take country, the rule does not have tribal comments. Once submitted, comments action in a separate rulemaking on the implications as specified by Executive cannot be edited or removed from portion of the submission pertaining to Order 13175 (65 FR 67249, November 9, Regulations.gov. For either manner of the interstate transport requirements of 2000), nor will it impose substantial submission, EPA may publish any direct costs on tribal governments or section 110(a)(2)(D)(i)(I) with respect to comment received to its public docket. the 2015 ozone NAAQS. preempt tribal law. Do not submit electronically any Whenever EPA promulgates a new or List of Subjects in 40 CFR Part 52 information you consider to be Confidential Business Information (CBI) revised NAAQS, CAA section 110(a)(1) Environmental protection, Air or other information whose disclosure is requires states to make SIP submissions pollution control, Carbon monoxide, restricted by statute. Multimedia to provide for the implementation, Incorporation by reference, submissions (audio, video, etc.) must be maintenance, and enforcement of the Intergovernmental relations, Lead, accompanied by a written comment. NAAQS. This type of SIP submission is Nitrogen dioxide, Ozone, Particulate The written comment is considered the commonly referred to as an matter, Reporting and recordkeeping official comment and should include ‘‘infrastructure SIP.’’ These submissions requirements, Sulfur oxides, Volatile discussion of all points you wish to must meet the various requirements of organic compounds. make. EPA will generally not consider CAA section 110(a)(2), as applicable. Authority: 42 U.S.C. 7401 et seq. comments or comment contents located Due to ambiguity in some of the Dated: June 28, 2021. outside of the primary submission (i.e. language of CAA section 110(a)(2), EPA John Blevins, on the web, cloud, or other file sharing believes that it is appropriate to Acting Regional Administrator, Region 4. system). For additional submission interpret these provisions in the specific methods, please contact the person [FR Doc. 2021–14175 Filed 7–1–21; 8:45 am] context of acting on infrastructure SIP identified in the FOR FURTHER BILLING CODE 6560–50–P submissions. EPA has previously INFORMATION CONTACT section. For the provided comprehensive guidance on full EPA public comment policy, the application of these provisions ENVIRONMENTAL PROTECTION information about CBI or multimedia through our September 13, 2013 submissions, and general guidance on AGENCY Infrastructure SIP Guidance and through making effective comments, please visit regional actions on infrastructure http://www2.epa.gov/docketgs/ 40 CFR Part 52 submissions (EPA’s 2013 Guidance).1 commenting-epa-dockets. [EPA–R05–OAR–2019–0215; FRL–10025– Unless otherwise noted below, we are FOR FURTHER INFORMATION CONTACT: 47–Region 5] following that existing approach in Olivia Davidson, Environmental acting on this submission. In addition, Scientist, Attainment Planning and Air Plan Approval; Michigan; Partial in the context of acting on such Approval and Partial Disapproval for Maintenance Section, Air Programs Branch (AR–18J), Environmental infrastructure submissions, EPA Infrastructure SIP Requirements for evaluates the submitting state’s SIP for the 2015 Ozone NAAQS Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois facial compliance with statutory and AGENCY: Environmental Protection 60604, (312) 886–0266, regulatory requirements, not for the Agency (EPA). [email protected]. state’s implementation of its SIP.2 EPA ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: has other authority to address any issues Throughout this document whenever concerning a state’s implementation of SUMMARY: The Environmental Protection ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the rules, regulations, consent orders, Agency (EPA) is proposing to partially EPA. This SUPPLEMENTARY INFORMATION etc. that comprise its SIP. approve and partially disapprove section is arranged as follows: elements of a State Implementation Plan 1 EPA explains and elaborates on these I. What is the background of this SIP (SIP) submission from Michigan ambiguities and its approach to address them in our submission? regarding the infrastructure September 13, 2013 Infrastructure SIP Guidance II. What is EPA’s analysis of this SIP (available at https://www3.epa.gov/airquality/ requirements of section 110 of the Clean submission? _ _ Air Act (CAA) for the 2015 ozone urbanair/sipstatus/docs/Guidance on III. What action is EPA taking? Infrastructure_SIP_Elements_Multipollutant_ National Ambient Air Quality Standards IV. Statutory and Executive Order Reviews FINAL_Sept_2013.pdf), as well as in numerous (NAAQS). The infrastructure agency actions, including EPA’s prior action on requirements are designed to ensure that I. What is the background of this SIP Minnesota’s infrastructure SIP to address the 2008 the structural components of each submission? ozone, 2010 nitrogen dioxide (NO2), 2010 sulfur state’s air quality management program In this rulemaking, EPA is proposing dioxide (SO2), and 2012 fine particulate matter (PM2.5) NAAQS (80 FR 63436 (October 20, 2015)). are adequate to meet the state’s to approve most elements and 2 See U.S. Court of Appeals for the Ninth Circuit responsibilities under the CAA. The disapprove one element of a March 8, decision in Montana Environmental Information disapproval portion of this action does 2019 submission from Michigan’s Center v. EPA, No. 16–71933 (Aug. 30, 2018).
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II. What is EPA’s analysis of this SIP control and compliance are contained 160–169B) addresses PSD, while part D submission? within these rules. of the CAA (sections 171–193) addresses In this rulemaking, EPA is not Pursuant to section 110(a), states must NNSR requirements. EPA’s 2013 proposing to approve any new provide reasonable notice and Guidance states that the NNSR provisions in MCL Chapter 336 or MCL opportunity for public hearing for all requirements of section 110(a)(2)(C) are Chapter 324. EPA is also not proposing infrastructure SIP submissions. On generally outside the scope of to approve or disapprove any existing September 28, 2018, EGLE opened a infrastructure SIPs; however, a state state provisions or rules related to start- must provide for regulation of minor five-week comment period and up, shutdown or malfunction or sources and minor modifications (minor provided the opportunity for public director’s discretion in the context of NSR). hearing. Comments were integrated into section 110(a)(2)(A). EPA proposes that the SIP submission. Michigan has met the infrastructure SIP 1. Program for Enforcement of Control Michigan provided a detailed requirements of section 110(a)(2)(A) Measures synopsis of how various components of with respect to the 2015 ozone NAAQS. A state’s infrastructure SIP its SIP meet each of the applicable submission should identify the statutes, requirements in section 110(a)(2) for the B. Section 110(a)(2)(B)—Ambient Air regulations, or other provisions in the 2015 ozone NAAQS, as applicable. The Quality Monitoring/Data System SIP that provide for enforcement of following review evaluates the state’s This section requires SIPs to provide emission limits and control measures. submission. for installation and operation of devices EGLE maintains this authority through A. Section 110(a)(2)(A)—Emission used to monitor, compile, and analyze MCL 324.5501–324.5542. The authority Limits and Other Control Measures ambient air quality data, and upon for rulemaking to establish emission request, make such data available to limits and promulgate rules for permit This section requires SIPs to include EPA. These requirements include programs is contained in MCL 324.5505 enforceable emission limitations and monitoring air quality for the relevant and MCL 324.5506. MCL 324.5526 and other control measures, means, or NAAQS pollutants at the proper 324.5528 gives EGLE authority to techniques, as well as schedules and locations in accordance with network reasonably inspect facilities and to timetables for compliance, as may be requirements (40 CFR parts 53 and 58), enforce violations of the established necessary or appropriate to meet the submitting said data to the Air Quality rules, respectively. Civil action may be applicable requirements. This System (AQS) in a timely manner (40 taken against any entity that violates submission is required to demonstrate CFR part 58), providing the data with these provisions under PA 451. that the state of Michigan can comply description of any discrepancies to the Additional enforcement provisions with the implementation of the NAAQS appropriate EPA Regional Office (40 including voluntary agreement of 2015 Ozone standard. CFR 58.10) and obtaining EPA approval investigation, notice to discontinue Under Part 55 of the Natural for any changes to monitoring sites or pollution, power of investigation and Resources Protection Act, (PA 451) network plan. inspection, and other violation rules are promulgated in 1994, Michigan EGLE’s annual reporting requirements contained in MCL 324.5515, 324.5518 Compiled Laws (MCL) Sections are contained in Rules 336.201 through and 324.5526–324.5532 respectively. 324.5503 and 324.5512 authorize the 336.205 of MAC. EGLE enters air EPA proposes that EGLE meets the EGLE director to regulate the discharge monitoring data into AQS, and the state requirements of 110(a)(2)(C) with of air pollutants, to create rules and to provides EPA with prior notification respect to enforceability of control establish standards regarding air quality when changes to its monitoring network measures contained in its MCL and emissions. or plan are being considered. An annual regarding the 2015 ozone NAAQS. EPA’s 2013 Guidance states that to network review is submitted to EPA to satisfy section 110(a)(2)(A) ensure EGLE’s air monitoring operations 2. Minor NSR requirements, ‘‘an air agency’s comply with applicable Federal To satisfy the sub element for submission should identify existing requirements, including the updated preconstruction regulation of the EPA-approved SIP provisions or new ozone NAAQS standard. The last modification and construction of minor SIP provisions that the air agency has submission to EPA was approved on stationary sources and the minor adopted and submitted for EPA October 28, 2020. EPA approved air modification of major stationary approval that limit emissions of quality monitors and monitor locations sources, an infrastructure SIP pollutants relevant to the subject capable of detecting ozone and ozone submission should identify the existing NAAQS, including precursors of the precursors at the revised NAAQS level. EPA approved SIP provisions and/or relevant NAAQS pollutant where EPA proposes that EGLE has met the include new provisions that govern the applicable.’’ infrastructure SIP requirements of minor source pre-construction program We believe that EGLE has the section 110(a)(2)(B) with respect to the that regulates emissions of the relevant necessary components contained in its 2015 ozone NAAQS. NAAQS pollutant(s). The EPA rules MCL and MAC to comply with the 2015 addressing SIP requirements for pre- NAAQS Ozone standard. Emission C. Section 110(a)(2)(C)—Program for construction regulatory programs that limits for ozone precursors are Enforcement of Control Measures; Minor apply to minor sources and minor contained in Michigan Administrative NSR; PSD modifications are at 40 CFR 51.160 Code (MAC) Rules 336.1101 through This section requires SIPs to set forth through 51.164. 336.2908. Specifically, MAC Rules a program providing for enforcement of The State of Michigan’s minor source 336.1601 through 336.1661 apply to all SIP measures, and the regulation of permit to install rules are contained in existing sources of volatile organic construction of new and modified Part 2 (Air Use Approval) of the compounds (VOC), Rules 336.1701 stationary sources to meet New Source Michigan Administrative Code. Changes through 336.1710 apply to new sources Review (NSR) requirements under to the Part 2 rules were submitted on of VOCs, and Rules 336.1801 through Prevention of Significant Deterioration November 12, 1993; May 16, 1996; April 1834 apply to oxides of nitrogen (NOX) (PSD) and Nonattainment NSR (NNSR) 3, 1998; September 2, 2003; March 24, from stationary sources. Methods of programs. Part C of the CAA (sections 2009; and February 28, 2017. EPA
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approved changes to the Part 2 rules a. PSD Provisions That Explicitly The explicit references to SO2, NOX, most recently in a final approval dated Identify NOX as a Precursor to Ozone in and VOCs as they pertain to secondary July 1, 2019 (84 FR 25180), and the PSD Program PM2.5 formation are codified at 40 CFR therefore proposes that Michigan has 51.166(b)(49)(i)(b) and 40 CFR met this set of infrastructure SIP EPA’s ‘‘Final Rule to Implement the 52.21(b)(50)(i)(b). As part of identifying requirements of section 110(a)(2)(C) 8-Hour Ozone National Ambient Air pollutants that are precursors to PM2.5, with respect to the 2015 ozone NAAQS. Quality Standard—Phase 2; Final Rule the 2008 NSR Rule also required states to Implement Certain Aspects of the to revise the definition of ‘‘significant’’ 3. PSD 1990 Amendments Relating to New as it relates to a net emissions increase To satisfy the sub element regarding Source Review and Prevention of or the potential of a source to emit the PSD program required by CAA title Significant Deterioration as They Apply pollutants. Specifically, 40 CFR I part C, an infrastructure SIP in Carbon Monoxide, Particulate Matter, 51.166(b)(23)(i) and 40 CFR submission should demonstrate that one and Ozone NAAQS; Final Rule for 52.21(b)(23)(i) define ‘‘significant’’ for or more air agencies have the authority Reformulated Gasoline’’ (Phase 2 Rule) PM2.5 to mean the following emissions to implement a comprehensive PSD was published on November 29, 2005. rates: 10 tons per year (tpy) of direct permit program under CAA title I part Among other requirements, the Phase 2 PM2.5; 40 tpy of SO2; and 40 tpy of NOX C, for all PSD-subject sources located in Rule obligated states to revise their PSD (unless the state demonstrates to the areas that are designated attainment or programs to explicitly identify NOX as Administrator’s satisfaction or EPA unclassifiable for one or more NAAQS. a precursor to ozone (70 FR 71612 at demonstrates that NOX emissions in an The infrastructure SIP submission 71679, 71699–71700). This requirement area are not a significant contributor to should also identify the existing SIP was codified in 40 CFR 51.166.7. EPA that area’s ambient PM2.5 provisions that govern the major source approved revisions to Michigan’s PSD concentrations). The deadline for states PSD program. SIP reflecting these requirements on to submit SIP revisions to their PSD The evaluation of each state’s April 4, 2014 (see 79 FR 18802), and programs incorporating these changes submission addressing the therefore proposes that Michigan has was May 16, 2011 (see 73 FR 28321 at infrastructure SIP requirements of met the set of infrastructure SIP 28341).7 section 110(a)(2)(C) covers: (i) requirements of section 110(a)(2)(C) The 2008 NSR Rule did not require Enforcement of SIP measures; (ii) PSD with respect to the 2015 ozone NAAQS. states to immediately account for gases that could condense to form particulate provisions that explicitly identify NOX b. Identification of Precursors to PM2.5 matter, known as condensables, in PM as a precursor to ozone in the PSD 2.5 and the Identification of PM2.5 and PM10 and PM emission limits in NSR program; (iii) identification of Condensables in the PSD Program 10 3 precursors to PM2.5 and identification permits. Instead, EPA determined that 4 of PM2.5 and PM10 condensables in the On May 16, 2008 (see 73 FR 28321), states had to account for PM2.5 and PM10 PSD program; (iv) PM2.5 increments in EPA issued the Final Rule on the condensables for applicability the PSD program; and, (v) greenhouse ‘‘Implementation of the New Source determinations and in establishing gas (GHG) permitting and the ‘‘Tailoring Review (NSR) Program for Particulate emissions limitations for PM2.5 and Rule.’’ 5 Matter Less than 2.5 Micrometers PM10 in PSD permits beginning on or after January 1, 2011. This requirement Sources in Michigan that install (PM2.5)’’ (2008 NSR Rule). The 2008 equipment that will emit ozone NSR Rule finalized several new is codified in 40 CFR 51.166(b)(49)(i)(a) precursors are subject to permit-to- requirements for SIPs to address sources install regulations under MAC Rules 7 EPA notes that on January 4, 2013, the U.S. that emit direct PM2.5 and other Court of Appeals for the D.C. Circuit, in Natural 336.1201 through 336.1209 and include pollutants that contribute to secondary Resources Defense Council v. EPA, 706 F.3d 428 consideration of VOCs and NOX. PSD PM2.5 formation. One of these (D.C. Cir.), held that EPA should have issued the program regulations (MAC Rules requirements is for NSR permits to 2008 NSR Rule in accordance with the CAA’s 336.2801 through R 336.2823) require requirements for PM10 nonattainment areas (Title I, address pollutants responsible for the part D, subpart 4), and not the general requirements any new major or modified source to secondary formation of PM2.5, otherwise for nonattainment areas under subpart 1 (Natural undergo PSD review.6 known as precursors. In the 2008 rule, Resources Defense Council v. EPA, No. 08–1250). As the subpart 4 provisions apply only to EPA identified precursors to PM2.5 for 3 nonattainment areas, EPA does not consider the PM2.5 refers to particles with an aerodynamic the PSD program to be SO2 and NOX diameter of less than or equal to 2.5 micrometers, portions of the 2008 rule that address requirements also referred to as ‘‘fine’’ particles. (unless the state demonstrates to the for PM2.5 attainment and unclassifiable areas to be affected by the court’s opinion. Moreover, EPA does 4 PM refers to particles with an aerodynamic Administrator’s satisfaction or EPA 10 not anticipate the need to revise any PSD diameter of less than or equal to 10 micrometers. demonstrates that NOX emissions in an requirements promulgated by the 2008 NSR rule in 5 In EPA’s April 28, 2011 proposed rulemaking area are not a significant contributor to order to comply with the court’s decision. for infrastructure SIPs for the 1997 ozone and PM2.5 that area’s ambient PM2.5 Accordingly, EPA’s approval of Michigan’s NAAQS, we stated that each state’s PSD program concentrations). The 2008 NSR Rule infrastructure SIP as to elements (C), (D)(i)(II), or (J) must meet applicable requirements for evaluation of with respect to the PSD requirements promulgated all regulated NSR pollutants in PSD permits (76 FR also specifies that VOCs are not by the 2008 implementation rule does not conflict 23757 at 23760). This view was reiterated in EPA’s considered to be precursors to PM2.5 in with the court’s opinion. The court’s decision with August 2, 2012 proposed rulemaking for the PSD program unless the state respect to the nonattainment NSR requirements infrastructure SIPs for the 2006 PM2.5 NAAQS (77 demonstrates to the Administrator’s promulgated by the 2008 implementation rule also FR 45992 at 45998). In other words, if a state lacks does not affect EPA’s action on the present provisions needed to adequately address NOX as a satisfaction or EPA demonstrates that infrastructure action. EPA interprets the CAA to precursor to ozone, PM2.5 precursors, PM2.5 and emissions of VOCs in an area are exclude nonattainment area requirements, PM10 condensables, PM2.5 increments, or the significant contributors to that area’s including requirements associated with a Federal GHG permitting thresholds, the provisions nonattainment NSR program, from infrastructure ambient PM2.5 concentrations. of section 110(a)(2)(C) requiring a suitable PSD SIP submissions due three years after adoption or permitting program must be considered not to be revision of a NAAQS. Instead, these elements are met irrespective of the NAAQS that triggered the (82 FR 5182). EPA proposed approval of Michigan typically referred to as nonattainment SIP or requirement to submit an infrastructure SIP, Part 9 rules (86 FR 15837) on March 24, 2021 attainment plan elements, which would be due by including the 2015 ozone NAAQS. incorporating the CFR update. The finalization of the dates statutorily prescribed under subpart 2 6 Effective February 16, 2017, EPA updated the the rule update will dictate finalization of this through 5 under part D, extending as far as 10 years modeling appendix at 40 CFR part 51, appendix W element. following designations for some elements.
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and 40 CFR 52.21(b)(50)(i)(a). Revisions d. GHG Permitting and the ‘‘Tailoring potential to emit above the applicable to states’ PSD programs incorporating Rule’’ in the PSD Program major source thresholds, or (ii) for the inclusion of condensables were With respect to the requirements of which there is a significant emission required to be submitted to EPA by May section 110(a)(2)(C) as well as section increase from a modification.’’ 16, 2011 (see 73 FR 28321 at 28341). 110(a)(2)(J), EPA interprets the CAA to EPA is planning to take additional steps to revise Federal PSD rules to EPA approved revisions to Michigan’s require each state to make an address the Supreme Court’s opinion PSD SIP reflecting these requirements infrastructure SIP submission for a new and subsequent D.C. Circuit’s ruling. on April 4, 2014 (see 79 FR 18802), and or revised NAAQS that demonstrates Some states have begun to revise their therefore proposes that Michigan has that the air agency has a complete PSD existing SIP-approved PSD programs to met this set of infrastructure SIP permitting program meeting the current address these court decisions, and some requirements for all regulated NSR requirements of section 110(a)(2)(C) states may prefer not to initiate this pollutants. The requirements of section with respect to the 2015 ozone NAAQS. process until they have more 110(a)(2)(D)(i)(II) may also be satisfied information about the planned revisions c. PM2.5 Increments in the PSD Program by demonstrating that the air agency has to EPA’s PSD regulations. EPA is not On October 20, 2010, EPA issued the a complete PSD permitting program expecting states to have revised their final rule on the ‘‘Prevention of correctly addressing all regulated NSR PSD programs in anticipation of EPA’s pollutants. EGLE has shown that it Significant Deterioration (PSD) for planned actions to revise its PSD currently has a PSD program in place Particulate Matter Less Than 2.5 program rules in response to the court that covers all regulated NSR pollutants, Micrometers (PM2.5) Increments, decisions. For purposes of infrastructure including GHGs. SIP submissions, EPA is only evaluating Significant Impact Levels (SILs) and On June 23, 2014, the United States Significant Monitoring Concentration such submissions to ensure that the Supreme Court issued a decision state’s program addresses GHGs (SMC)’’ (2010 NSR Rule). This rule addressing the application of PSD established several components for consistent with both court decisions. permitting requirements to GHG At present, EPA is proposing that making PSD permitting determinations emissions. In the case Utility Air Michigan’s SIP is sufficient to satisfy for PM , including a system of 2.5 Regulatory Group v. Environmental Elements C, D(i)(II), and J with respect ‘‘increments’’ which is the mechanism Protection Agency, 134 S. Ct. 2427, the to GHGs because the PSD permitting used to estimate significant Supreme Court said that EPA may not program previously approved by EPA deterioration of ambient air quality for treat GHGs as an air pollutant for into the SIP continues to require that a pollutant. These increments are purposes of determining whether a PSD permits (otherwise required based codified in 40 CFR 51.166(c) and 40 source is a major source required to on emissions of pollutants other than CFR 52.21(c), and are included in Table obtain a PSD permit. The Court also said GHGs) contain limitations on GHG 1 below. that EPA could continue to require that emissions based on the application of PSD permits, otherwise required based BACT. Although the approved Michigan TABLE 1—PM2.5 INCREMENTS ESTAB- on emissions of pollutants other than PSD permitting program may currently LISHED BY THE 2010 NSR RULE IN GHGs, contain limitations on GHG contain provisions that are no longer MICROGRAMS PER CUBIC METER emissions based on the application of necessary in light of the Supreme Court Best Available Control Technology decision, this does not render the Annual (BACT). infrastructure SIP submission arithmetic 24-hour max In accordance with the Court’s inadequate to satisfy Elements C, mean decision, on April 10, 2015, the U.S. (D)(i)(II), and J. The SIP contains the Court of Appeals for the District of necessary PSD requirements at this Class I ...... 1 2 Columbia Circuit (the D.C. Circuit) time, and the application of those Class II ...... 4 9 issued an amended judgment vacating requirements is not impeded by the Class III ..... 8 18 the regulations that implemented Step 2 presence of other previously-approved of the EPA’s PSD and Title V GHG provisions regarding the permitting of The 2010 NSR Rule also established a Tailoring Rule, but not the regulations sources of GHGs that EPA does not new ‘‘major source baseline date’’ for that implement Step 1 of that rule. Step consider necessary at this time in light PM2.5 as October 20, 2010, and a new 1 of the Tailoring Rule covers sources of the Supreme Court decision. trigger date for PM2.5 as October 20, that are required to obtain a PSD permit For the purposes of the 2015 ozone 2011. These revisions are codified in 40 based on emissions of pollutants other NAAQS infrastructure SIP, EPA CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), than GHGs. Step 2 applied to sources reiterates that NSR Reform regulations and 40 CFR 52.21(b)(14)(i)(c) and that emitted only GHGs above the are not within the scope of these (b)(14)(ii)(c). Lastly, the 2010 NSR Rule thresholds triggering the requirement to actions. Therefore, we are not taking revised the definition of ‘‘baseline area’’ obtain a PSD permit. The amended action on existing NSR Reform judgment preserves, without the need to include a level of significance of 0.3 regulations for Michigan. EPA approved for additional rulemaking by the EPA, micrograms per cubic meter, annual Michigan’s minor NSR program on May the application of the BACT 6, 1980 (see 45 FR 29790); and since average, for PM . This change is 2.5 requirement to GHG emissions from that date, EGLE and EPA have relied on codified in 40 CFR 51.166(b)(15)(i) and Step 1 or ‘‘anyway’’ sources. With the existing minor NSR program to 40 CFR 52.21(b)(15)(i). On April 4, 2014 respect to Step 2 sources, the D.C. ensure that new and modified sources (79 FR 18802), EPA finalized approval Circuit’s amended judgment vacated the not captured by the major NSR of the applicable infrastructure SIP PSD regulations at issue in the litigation, permitting programs do not interfere revisions; therefore, we are proposing including 40 CFR 51.166(b)(48)(v), ‘‘to with attainment and maintenance of the that Michigan has met this set of the extent they require a stationary 2015 ozone NAAQS. infrastructure SIP requirements of source to obtain a PSD permit if Certain sub elements in this section section 110(a)(2)(C) with respect to the greenhouse gases are the only pollutant overlap with elements of section 2015 ozone NAAQS. (i) that the source emits or has the 110(a)(2)(D)(i), section 110(a)(2)(E) and
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section 110(a)(2)(J). These links will be requirements for the 2015 ozone the FIPs are already in place, no further discussed in the appropriate areas NAAQS have been detailed in the action is needed as a result of this below. EPA proposes that Michigan has section addressing section 110(a)(2)(C). element. met the infrastructure SIP requirements EPA further notes that the proposed 5. Interstate and International Pollution of section 110(a)(2)(C) with respect to actions in that section related to PSD are Abatement the 2015 ozone NAAQS. consistent with the proposed actions related to PSD for section Section 110(a)(2)(D)(ii) requires each D. Section 110(a)(2)(D)—Interstate 110(a)(2)(D)(i)(II), and they are reiterated SIP to contain adequate provisions Transport below. requiring compliance with the Section 110(a)(2)(D) has two EPA has previously approved applicable requirements of section 126 components: 110(a)(2)(D)(i) and revisions to Michigan’s SIP that meet and section 115 (relating to interstate 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) certain requirements obligated by the and international pollution abatement, includes four distinct components, Phase 2 Rule and the 2008 NSR Rule. respectively). commonly referred to as ‘‘prongs,’’ that These revisions included provisions Section 126(a) requires new or must be addressed in infrastructure SIP that: Explicitly identify NOX as a modified sources to notify neighboring submissions. The first two prongs, precursor to ozone, explicitly identify states of potential impacts from the which are codified in section SO2 and NOX as precursors to PM2.5 and source. The statute does not specify the 110(a)(2)(D)(i)(I), prohibit any source or regulate condensable PM2.5 and PM10 in method by which the source should other type of emissions activity in one applicability determinations and provide the notification. States with state from contributing significantly to establishing emissions limits. EPA has SIP-approved PSD programs must have nonattainment of the NAAQS in another also previously approved revisions to a provision requiring such notification state (prong 1) and from interfering with Michigan’s SIP that incorporate the by new or modified sources. A lack of maintenance of the NAAQS in another PM2.5 increments and the associated such a requirement in state rules would state (prong 2). The third and fourth implementation regulations including be grounds for disapproval of this prongs, which are codified in section the major source baseline date, trigger element. 110(a)(2)(D)(i)(II), prohibit emissions date, and level of significance for PM2.5 Michigan has provisions in its EPA activity in one state from interfering per the 2010 NSR Rule. EPA is approved PSD program in Michigan with measures required to prevent proposing that Michigan’s SIP contains Administrative Code Rule 336.2817 significant deterioration of air quality in provisions that adequately address the requiring new or modified sources to another state (prong 3) or from 2015 ozone NAAQS. notify neighboring states of potential interfering with measures to protect States also have an obligation to negative air quality impacts and has visibility in another state (prong 4). ensure that sources located in referenced this program as having Section 110(a)(2)(D)(i)(I) requires SIPs nonattainment areas do not interfere adequate provisions to meet the to include provisions prohibiting any with a neighboring state’s PSD program. requirements of section 126(a). EPA is source or other type of emissions One way that this requirement can be proposing that Michigan has met the activity in one state from contributing satisfied is through an NNSR program infrastructure SIP requirements of significantly to nonattainment, or consistent with the CAA that addresses section 126(a). Michigan does not have interfering with maintenance, of the any pollutants for which there is a any obligations under any other NAAQS in another state. designated nonattainment area within subsection of section 126, nor does it Section 110(a)(2)(D)(i)(II) requires that the state. have any pending obligations under SIPs include provisions prohibiting any Michigan’s EPA approved NNSR section 115. EPA, therefore, is proposing source or other type of emissions regulations found in Part 2 of the SIP, that Michigan has met all applicable activity in one state from interfering specifically in Michigan Administrative infrastructure SIP requirements of with measures required to prevent Code sections Rules 336.1220 and R section 110(a)(2)(D)(ii) for the 2015 significant deterioration of air quality or 336.1221, are consistent with 40 CFR ozone NAAQS. to protect visibility in another state. 51.165, or 40 CFR part 51, appendix S. Therefore, EPA proposes that Michigan E. Section 110(a)(2)(E)—Adequate 1. Significant Contribution to has met all the applicable PSD Authority and Resources; State Board Nonattainment requirements for the 2015 ozone Requirements In this rulemaking, EPA is not NAAQS for transport prong 3 related to This section requires each state to evaluating section 110(a)(2)(D)(i)(I) section 110(a)(2)(D)(i)(II). provide for adequate personnel, requirements relating to significant 4. Interference With Visibility funding, and legal authority under state contribution to nonattainment for the Protection law to carry out its SIP, and related 2015 ozone NAAQS. Instead, EPA will issues. Section 110(a)(2)(E)(ii) also evaluate these requirements in a In this rulemaking, EPA is proposing requires each state to comply with the separate rulemaking. to disapprove Michigan’s satisfaction of requirements respecting state boards the visibility protection requirements of under section 128. 2. Interference With Maintenance section 110(a)(2)(D)(i)(II), transport In this rulemaking, EPA is not prong 4, for the 2015 ozone NAAQS. 1. Adequate Resources evaluating section 110(a)(2)(D)(i)(I) Michigan has a partially approved To satisfy the adequate resources requirements relating to significant Regional Haze Plan and is subject to requirements of section 110(a)(2)(E), the contribution to nonattainment for the FIPs for a few source categories. See 81 state should provide assurances that its 2015 ozone NAAQS. Instead, EPA will FR 21672 (April 12, 2016) for more air agency has adequate resources, evaluate these requirements in a information on the FIPs that apply to personnel, and legal authority to separate rulemaking. this area. EPA is proposing to implement the relevant NAAQS. disapprove because Michigan does not EGLE’s SIP program is funded 3. Interference With PSD have a fully approved Regional Haze through 105 and 103 grants and EPA notes that Michigan’s satisfaction SIP; however, because the FIP clocks matching funds from the state’s General of the applicable infrastructure SIP PSD were started by a different action, and Fund. As discussed in earlier sections,
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EGLE has the legal authority to carry out finding that the SIP is substantially 1. Consultation With Government the Michigan SIP under Act 451 and the inadequate. Officials Executive Reorganization Order 2011–1. EGLE has the authority to require States must provide a process for Michigan’s PSD regulations provide immediate discontinuation of air consultation with local governments adequate resources to permit GHG contamination discharges that constitute and Federal Land Managers (FLMs) sources. EPA proposes that Michigan an imminent and substantial carrying out NAAQS implementation has met the infrastructure SIP endangerment to public health, safety, requirements. requirements of this portion of section welfare, or the environment under MCL Michigan actively participates in the 110(a)(2)(E) with respect to the 2015 regional planning efforts that include ozone NAAQS. 324.5518 of Act 451. MCL 324.5530 provides for civil action by the business, community groups, state rule 2. State Board Requirements Michigan Attorney General for a developers, representatives from the FLMs, and other affected stakeholders. violation as just described. EPA In this rulemaking, EPA is not Michigan Administrative Code Rule proposes that Michigan has met the proposing to approve or disapprove 336.2816 requires that FLMs are Michigan’s satisfaction of the state applicable infrastructure SIP provided with notification of permit board requirements of section requirements of section 110(a)(2)(G) applications that may impact class I 110(a)(2)(E) for the 2015 ozone NAAQS. related to authority to implement areas. Additionally, Michigan is an Instead, EPA will evaluate Michigan’s measures to restrain sources from active member of the Lake Michigan Air compliance with these requirements in causing or contributing to emissions Directors Consortium, which consists of a separate rulemaking. which present an imminent and collaboration with the States of Illinois, F. Section 110(a)(2)(F)—Stationary substantial endangerment to public Wisconsin, Indiana, Minnesota, and Source Monitoring System health or welfare, or the environment Ohio. EPA proposes that Michigan has with respect to the 2015 ozone NAAQS. met the infrastructure SIP requirements Section 110(a)(2)(F) contains several of this portion of section 110(a)(2)(J) H. Section 110(a)(2)(H)—Future SIP requirements, each of which are with respect to the 2015 ozone NAAQS. described below. Revisions States must establish a system to 2. Public Notification This section requires states to have monitor emissions from stationary Section 110(a)(2)(J) also requires the authority to revise their SIPs in sources and submit periodic emissions states to notify the public if NAAQS are response to changes in the NAAQS, reports. Each plan shall also require the exceeded in an area and to enhance availability of improved methods for installation, maintenance, and public awareness of measures that can attaining the NAAQS, or to an EPA replacement of equipment, and the be taken to prevent exceedances. implementation of other necessary finding that the SIP is substantially EGLE notifies the public if there are steps, by owners or operators of inadequate. NAAQS exceedances and of any public stationary sources to monitor emissions EGLE continues to update and health hazards associated with those from such sources. The state plan shall implement needed revisions to exceedances through CleanAirAction!,8 also require periodic reports on the Michigan’s SIP as necessary to meet AirNow,9, and EnviroFlash 10 as well as nature and amounts of emissions and ambient air quality standards. Authority posting on its website.11 EGLE emissions-related data from such for EGLE to adopt emissions standards published an annual air quality report sources, and correlation of such reports and compliance schedules is found at comparing Michigan monitors to the by each state agency with any emission MCL 324.5512 and MCL 324.5503 of Act NAAQS. EPA proposes that Michigan limitations or standards established 451. EPA proposes that Michigan has has met the infrastructure SIP pursuant to this chapter. Lastly, the met the infrastructure SIP requirements requirements of this portion of section reports shall be available at reasonable of section 110(a)(2)(H) with respect to 110(a)(2)(J) with respect to the 2015 times for public inspection. ozone NAAQS. EGLE implements a stationary source the 2015 ozone NAAQS. monitoring program under the authority I. Section 110(a)(2)(I)—Nonattainment 3. PSD of MCL 324.5512 and MCL 324.5503 of Planning Requirements of Part D States must meet applicable Act 451. Additional emissions testing, requirements of section 110(a)(2)(C) sampling, and reporting requirements The CAA requires that each plan or related to PSD. EGLE’s PSD program in are found in Michigan Administrative plan revision for an area designated as the context of infrastructure SIPs has Code Rules 336.201 through 336.202 a nonattainment area meet the already been discussed in the and Rules 336.2011 through 336.2199. applicable requirements of part D of the paragraphs addressing section Emissions data is submitted to EPA CAA. Part D relates to nonattainment 110(a)(2)(C) and 110(a)(2)(D)(i)(II), and through the National Emissions areas. EPA notes that the proposed actions for Inventory system and is available to the EPA has determined that section those sections are consistent with the public online and upon request. EPA 110(a)(2)(I) is not applicable to the proposed actions for this portion of proposes that Michigan has satisfied the infrastructure SIP process. Instead, EPA section 110(a)(2)(J). Therefore, EPA infrastructure SIP requirements of takes action on part D attainment plans proposes that Michigan has met all of section 110(a)(2)(F) with respect to the through separate processes. the infrastructure SIP requirements for 2015 ozone NAAQS. J. Section 110(a)(2)(J)—Consultation 8 G. Section 110(a)(2)(G)—Emergency https://www.wmcac.org/todays-forecast. With Government Officials; Public 9 https://www.airnow.gov/. Episodes Notification; PSD; Visibility Protection 10 https://www.michigan.gov/egle/0,9429,7-135- This section requires states to have 3310_70316_4195-101321-,00.html#:∼:text= the authority to revise their SIPs in The evaluation of the submissions EnviroFlash%20is%20a% 20free%20service,match%20expected%20air response to changes in the NAAQS, from Michigan with respect to the %20quality%20conditions. availability of improved methods for requirements of section 110(a)(2)(J) is 11 https://www.michigan.gov/egle/0,9429,7-135- attaining the NAAQS, or to an EPA described below. 3310-,00.html.
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PSD associated with section enhancements to the formulation and M. Section 110(a)(2)(M)—Consultation/ 110(a)(2)(D)(J) for the 2015 ozone application of the EPA’s preferred near- Participation by Affected Local Entities NAAQS. field dispersion modeling system, States must consult with and allow AERMOD (American Meteorological 4. Visibility Protection participation from local political Society (AMS)/EPA Regulatory Model), subdivisions affected by the SIP. States are subject to visibility and and the incorporation of a tiered EGLE regularly works with local regional haze program requirements demonstration approach to address the under part C of the CAA (which political subdivisions for attainment secondary chemical formation of ozone planning purposes and actively includes sections 169A and 169B). In and PM2.5 associated with precursor the event of the establishment of a new participates in regional planning emissions from single sources. EPA organizations. Rulemaking is subject to NAAQS, however, the visibility and proposed approval of Michigan’s Part 9 regional haze program requirements notice, comment, and hearing Rule Update on March 24, 2021 (86 FR requirements under the Michigan under part C do not change. Thus, we 15837) incorporating the CFR update. find that there is no new visibility Administrative Procedures Act, 1969 PA The finalization of the rule update will 306 and is authorized in MCL 324.5512. obligation ‘‘triggered’’ under section dictate finalization of this element. 110(a)(2)(J) when a new NAAQS EPA proposes that Michigan has met the Modeling data are available to EPA or infrastructure SIP requirements of becomes effective. In other words, the other interested parties upon request. visibility protection requirements of section 110(a)(2)(M) with respect to the EPA proposes that Michigan has met the 2015 ozone NAAQS. section 110(a)(2)(J) are not germane to infrastructure SIP requirements of infrastructure SIPs for the 2015 ozone section 110(a)(2)(K) with respect to the III. What action is EPA taking? NAAQS. 2015 ozone NAAQS. EPA is proposing to approve most K. Section 110(a)(2)(K)—Air Quality L. Section 110(a)(2)(L)—Permitting Fees elements and disapprove one element of Modeling/Data a submission from EGLE certifying that SIPs must provide for performing air EGLE implements and operates the its current SIP is sufficient to meet the quality modeling for predicting effects title V permit program, which EPA required infrastructure elements under on air quality of emissions of any approved on December 4, 2001 (66 FR sections 110(a)(1) and (2) for the 2015 NAAQS pollutant and submission of 62969) EPA approved revisions to the ozone NAAQS. The disapproved prong such data to EPA upon request. program on February 28, 2006 (71 FR 4 does not begin a new FIP clock, as EGLE continues to review the 9934). EGLE’s authority to levy and FIPs are already in place in response to potential impact of major, and some collect an annual air quality fee from those deficiencies. minor, new and modified sources using fee-subject facilities is found in section EPA’s proposed actions for the state’s computer models. Effective February 16, 324.5522 of Act 451. EPA proposes that satisfaction of infrastructure SIP 2017, EPA updated the modeling Michigan has met the infrastructure SIP requirements, by element of section appendix at 40 CFR part 51, appendix requirements of section 110(a)(2)(L) 110(a)(2) are contained in the table W (82 FR 5182). This action included with respect to the 2015 ozone NAAQS. below.
Element 2015 Ozone
(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—Minor NSR ...... A (C)3—PSD ...... A (D)1—I Prong 1: Interstate transport—significant contribution to nonattainment ...... A (D)2—I Prong 2: Interstate transport—interference with maintenance ...... A (D)3—II Prong 3: Interstate transport—interference with PSD ...... A (D)4—II Prong 4: Interstate transport—interference with visibility protection ...... D (D)5—Interstate and international pollution abatement ...... A (E)1—Adequate resources ...... A (E)2—State board requirements ...... NA (F)—Stationary source monitoring system ...... A (G)—Emergency powers ...... 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/participation by affected local entities ...... A
In the above table, the key is as IV. Statutory and Executive Order 42 U.S.C. 7410(k); 40 CFR 52.02(a). follows: Reviews Thus, in reviewing SIP submissions, A ...... Approve. EPA’s role is to approve state choices, Under the CAA, the Administrator is D ...... Disapprove. provided that they meet the criteria of NA .... No Action/Separate Rulemaking. required to approve a SIP submission the CAA. Accordingly, this action * ...... Not germane to infrastructure SIPs. that complies with the provisions of the merely approves state law as meeting CAA and applicable Federal regulations. Federal requirements and does not
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impose additional requirements beyond Dated: June 28, 2021. not consider comments or comment those imposed by state law. For that Cheryl Newton, contents located outside of the primary reason, this action: Acting Regional Administrator, Region 5. submission (i.e., on the web, cloud, or • Is not a significant regulatory action [FR Doc. 2021–14152 Filed 7–1–21; 8:45 am] other file sharing system). For subject to review by the Office of BILLING CODE 6560–50–P additional submission methods, the full Management and Budget under EPA public comment policy, Executive Orders 12866 (58 FR 51735, information about CBI or multimedia October 4, 1993) and 13563 (76 FR 3821, ENVIRONMENTAL PROTECTION submissions, and general guidance on January 21, 2011); AGENCY making effective comments, please visit • Does not impose an information http://www2.epa.gov/dockets/ 40 CFR Part 81 collection burden under the provisions commenting-epa-dockets. of the Paperwork Reduction Act (44 [EPA–R04–OAR–2021–0322; FRL–10025– FOR FURTHER INFORMATION CONTACT: U.S.C. 3501 et seq.); 78–Region 4] Evan Adams, Air Regulatory • Is certified as not having a Management Section, Air Planning and Air Quality Designations; NC: Implementation Branch, Air and significant economic impact on a Redesignation of the Brunswick substantial number of small entities Radiation Division, U.S. Environmental County 2010 Sulfur Dioxide Protection Agency, Region 4, 61 Forsyth under the Regulatory Flexibility Act (5 Unclassifiable Area U.S.C. 601 et seq.); Street SW, Atlanta, Georgia 30303–8960. Mr. Adams can be reached by telephone • Does not contain any unfunded AGENCY: Environmental Protection Agency (EPA). at (404) 562–9009 or via electronic mail mandate or significantly or uniquely at [email protected]. affect small governments, as described ACTION: Proposed rule. in the Unfunded Mandates Reform Act SUPPLEMENTARY INFORMATION: SUMMARY: of 1995 (Pub. L. 104–4); The Environmental Protection I. Background • Does not have federalism Agency (EPA) is proposing to approve a The Clean Air Act (CAA or Act) implications as specified in Executive submission by the State of North establishes a process for air quality Order 13132 (64 FR 43255, August 10, Carolina, through the Department of Air management through the establishment 1999); Quality (DAQ), on April 23, 2021, to and implementation of the NAAQS. On • redesignate the Brunswick County, Is not an economically significant North Carolina, unclassifiable area June 2, 2010, EPA revised the primary regulatory action based on health or (hereinafter referred to as the SO2 NAAQS, establishing a new 1-hour safety risks subject to Executive Order ‘‘Brunswick County Area’’ or ‘‘Area’’) to SO2 standard of 75 parts per billion 13045 (62 FR 19885, April 23, 1997); attainment/unclassifiable for the 2010 (ppb). See 75 FR 35520 (June 22, 2010).1 • Is not a significant regulatory action 1-hour primary sulfur dioxide (SO2) After the promulgation of a new or subject to Executive Order 13211 (66 FR national ambient air quality standard revised NAAQS, EPA is required to 28355, May 22, 2001); (hereinafter referred to as the ‘‘2010 SO2 designate all areas of the country • Is not subject to requirements of 1-hour NAAQS’’). Because EPA now has pursuant to section 107(d)(1)–(2) of the Section 12(d) of the National sufficient information to determine that CAA. For the 2010 1-hour SO2 NAAQS, Technology Transfer and Advancement the Brunswick County Area is attaining designations were based on EPA’s Act of 1995 (15 U.S.C. 272 note) because the 2010 1-hour SO2 national ambient application of the nationwide analytical application of those requirements would air quality standards (NAAQS), the approach to, and technical assessment be inconsistent with the CAA; and Agency is proposing to approve the of, the weight of evidence for each area, • Does not provide EPA with the State’s redesignation request, thereby including but not limited to available air discretionary authority to address, as redesignating the Area from quality monitoring data and air quality appropriate, disproportionate human unclassifiable to attainment/ modeling results. In advance of health or environmental effects, using unclassifiable for the 2010 1-hour SO2 designating the Brunswick County Area, practicable and legally permissible NAAQS. EPA issued updated designations guidance through a March 20, 2015, methods, under Executive Order 12898 DATES: Comments must be received on memorandum from Stephen D. Page, (59 FR 7629, February 16, 1994). or before August 2, 2021. Director, U.S. EPA, Office of Air Quality In addition, the SIP is not approved ADDRESSES: Submit your comments, Planning and Standards, to Regional Air to apply on any Indian reservation land identified by Docket ID No. EPA–R04– Division Directors, U.S. EPA Regions or in any other area where EPA or an OAR–2021–0322 at http:// 1–10, titled ‘‘Updated Guidance for Area Indian tribe has demonstrated that a www.regulations.gov. Follow the online Designations for the 2010 Primary tribe has jurisdiction. In those areas of instructions for submitting comments. Sulfur Dioxide National Ambient Air Indian country, the rule does not have Once submitted, comments cannot be Quality Standard.’’ This document tribal implications and will not impose edited or removed from Regulations.gov. contains the factors that EPA evaluated substantial direct costs on tribal EPA may publish any comment received in determining the appropriate governments or preempt tribal law as to its public docket. Do not submit designations and associated boundaries specified by Executive Order 13175 (65 electronically any information you when designating the Brunswick County FR 67249, November 9, 2000). consider to be Confidential Business Area, including: (1) Air quality List of Subjects in 40 CFR Part 52 Information (CBI) or other information characterization via ambient monitoring whose disclosure is restricted by statute. or dispersion modeling results; (2) Environmental protection, Air Multimedia submissions (audio, video, emissions-related data; (3) meteorology; pollution control, Incorporation by etc.) must be accompanied by a written (4) geography and topography; and (5) reference, Intergovernmental relations, comment. The written comment is Nitrogen dioxide, Ozone, Reporting and considered the official comment and 1 On February 25, 2019 (effective April 17, 2019), recordkeeping requirements, Volatile should include discussion of all points EPA issued a decision to retain the existing NAAQS organic compounds. you wish to make. EPA will generally for SO2. See 84 FR 9866 (March 18, 2019).
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jurisdictional boundaries.23 The electric power generation plant with Brunswick County. Detailed rationale, guidance also referenced EPA’s non- two electric generating units (EGUs) that analyses, and other information binding Monitoring Technical were permitted to combust a variety of supporting EPA’s original Round 2 Assistance Document (Monitoring solid fuels, including coal, woody designation for this Area can be found TAD) 4 and Modeling Technical biomass fuels, and tire derived fuel. CPI in the Round 2 designation’s technical Assistance Document (Modeling TAD),5 was included in the list of facilities to support document (TSD) for North which contain scientifically sound be designated pursuant to the March 2, Carolina. All supporting materials for 7 recommendations on how air agencies 2015, Consent Decree. the original 2010 1-hour SO2 NAAQS should conduct such monitoring or EPA’s March 20, 2015, guidance designation for the Brunswick County modeling. specified the designation category Area, including the TSD, can be found 9 EPA completed the first set of initial definitions to be used in the Round 2 on EPA’s SO2 designations website. area designations for the 2010 designations. Specifically, EPA defined After reviewing North Carolina’s 1-hour SO2 NAAQS in 2013 (Round 1). a ‘‘nonattainment’’ area as an area that redesignation request under CAA Pursuant to a March 2, 2015, consent EPA has determined violates the 2010 section 107(d)(3)(D) and all available 6 decree and court-ordered schedule, 1-hour SO2 NAAQS based on the most information, EPA is proposing to EPA finalized a second set of initial area recent three years of quality-assured, redesignate the Brunswick County Area designations for the 2010 1-hour SO2 certified ambient air quality monitoring from unclassifiable to attainment/ NAAQS in 2016 (Round 2). The March data or an appropriate modeling unclassifiable for the 2010 1-hour SO2 2, 2015, consent decree identified the analysis, or that EPA has determined standard based on a valid ambient SO2 following emissions criteria such that contributes to a violation in a nearby design value that adequately EPA must designate, in Round 2, an area area; and defined an ‘‘attainment’’ area characterizes the SO2 air quality in the surrounding any stationary source as an area that EPA has determined Brunswick County Area. See Sections II which had: (a) Annual emissions in meets the 2010 1-hour SO2 NAAQS and and III below for more information on 2012 exceeding 16,000 tons of SO2, or does not contribute to a violation of the the criteria to redesignate unclassifiable (b) both an annual average emissions NAAQS in a nearby area based on SO2 areas and the rationale for this rate of at least 0.45 pounds of SO2 per either: (a) The most recent three years of proposed action. one million British thermal units, ambient air quality monitoring data according to EPA’s Clean Air Markets from a monitoring network in an area II. What are the criteria for Division Database, and annual that is sufficient to be compared to the redesignating an area from emissions of at least 2,600 tons of SO2 NAAQS per EPA interpretations in the unclassifiable to attainment/ in 2012. North Carolina had one source, Monitoring TAD, or (b) an appropriate unclassifiable? the Capital Power Incorporated (CPI) modeling analysis. Section 107(d)(3)(A) of the CAA Southport Cape Fear facility in As discussed further in Section III of provides that the Administrator may Brunswick County, that met these this notice, EPA was unable to notify the Governor of any state that the Round 2 criteria. determine whether the Brunswick designation of an area should be revised EPA evaluated the Brunswick County County Area met the definition of a ‘‘on the basis of air quality data, Area, using the five factors identified nonattainment area or the definition of planning and control considerations, or previously, during the Round 2 an attainment area based on the any other air quality-related designations. This evaluation is available information at the time of the considerations the Administrator deems discussed further in Section III of this Round 2 designations. As a result, EPA appropriate.’’ 10 The Act further notice. The CPI Southport facility, designated the Brunswick County Area provides in section 107(d)(3)(D) that located on the coast of southeastern as unclassifiable in the Round 2 even if the Administrator has not North Carolina in the southeastern designations published on July 12, notified a state Governor that a portion of Brunswick County, was an 2016.8 The Area includes all six designation should be revised, the townships (Lockwood Folly Township, Governor of any state may, on the 2 The 2015 memorandum is available at https:// Northwest Township, Shallotte Governor’s own motion, submit a www.epa.gov/sites/production/files/2016-04/ Township, Smithville Township, Town documents/20150320so2designations.pdf. request to revise the designation of any 3 This designation guidance has since been Creek Township, Waccamaw Township) area, and the Administrator must supplemented by a July 22, 2016, designation within the jurisdictional boundary of approve or deny the request. In keeping guidance memorandum from Stephen D. Page, with CAA section 107(d)(3)(A), areas Director, U.S. EPA, Office of Air Quality Planning 7 CPI Southport was also subject to EPA’s 2015 and Standards, to Regional Air Division Directors, that are redesignated to attainment/ Data Requirements Rule (DRR) for the 2010 SO2 11 U.S. EPA Regions 1–10. The 2016 memorandum is 1-hour NAAQS. See https://www.epa.gov/sites/ unclassifiable must meet the available at https://www.epa.gov/sites/production/ production/files/2016-06/documents/nc.pdf for 9 files/2016-07/documents/areadesign.pdf. North Carolina’s letter and DRR source list, dated EPA’s SO2 designations website can be found at 4 The version of the EPA’s ‘‘SO2 NAAQS January 15, 2016. EPA separately promulgated the https://www.epa.gov/sulfur-dioxide-designations/ Designations Source-Oriented Monitoring Technical DRR which required states to undertake air quality epa-completes-second-round-sulfur-dioxide- Assistance Document’’ (Monitoring TAD) available characterization for areas with SO2 sources meeting designations. at the time of the Round 2 designations action was certain criteria. Specifically, the DRR required state 10 While CAA section 107(d)(3)(E) also lists released in December 2013. The current version of air agencies to provide additional monitoring or specific requirements for redesignations, those the Monitoring TAD was released in February 2016 modeling information to characterize air quality in requirements only apply to redesignations of and superseded the version released in December areas associated with sources meeting certain nonattainment areas to attainment and, therefore, 2013. criteria or that have otherwise been listed under the are not applicable in the context of a redesignation 5 ‘‘Sulfur Dioxide (SO2) National Ambient Air DRR by EPA or state air agencies, or to instead of an area from unclassifiable to attainment/ Quality Standards Designations Modeling Technical impose federally enforceable emission limitations unclassifiable. Assistance Document,’’ August 2016 draft, available on those sources restricting their annual SO2 11 Historically, EPA has designated most areas at https://www.epa.gov/sites/production/files/2016- emissions to less than 2,000 tons per year, or that do not meet the definition of nonattainment as 06/documents/so2modelingtad.pdf. EPA released provide documentation that the sources have been ‘‘unclassifiable/attainment.’’ EPA has reversed the earlier drafts of this document in May 2013 and shut down, by specified dates. The information order of the label to be ‘‘attainment/unclassifiable’’ February 2016. generated by implementation of the DRR informed to better convey the definition of the designation 6 See Sierra Club et. al. v. McCarthy, Civil Action EPA’s designations. category and so that the category is more easily No. 3:13–cv–3953–SI (N.D. Cal.) and 79 FR 31325 8 See 81 FR 45039 (July 12, 2016, effective distinguished from the separate unclassifiable (June 2, 2014). September 12, 2016) codified at 40 CFR 81.334. Continued
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requirements for attainment areas and, other things, requires attainment to be installed an SO2 monitor in the area of thus, must meet the relevant NAAQS. In due to permanent and enforceable maximum concentration for the CPI addition, the area must not contribute to measures and which requires a Southport facility (in accordance with ambient air quality in a nearby area that demonstration that the area will EPA’s Monitoring TAD and 40 CFR does not meet the NAAQS. See the maintain the NAAQS for 10 years. For parts 50 and 58) and began collecting definitions for nonattainment area, the Brunswick County Area, DEQ data on January 1, 2017.15 attainment area, and unclassifiable area submitted a request to redesignate the On April 23, 2021, North Carolina in CAA section 107(d)(1)(A)(i)–(iii). area from unclassifiable to attainment/ submitted a letter to EPA requesting that In its designations under the 2010 1- unclassifiable on April 23, 2021.12 the entirety of Brunswick County be hour SO NAAQS, EPA has generally redesignated to attainment/ 2 III. What is EPA’s rationale for defined an attainment/unclassifiable unclassifiable based on the newly proposing to redesignate the area? area as an area that, based on available available monitoring information, which information including (but not limited The Brunswick County Area includes demonstrates attainment of the 2010 1- to) appropriate monitoring data and/or the CPI Southport facility, which met hour SO2 NAAQS. To evaluate North modeling analyses, EPA has determined the Round 2 criteria as discussed in Carolina’s redesignation request, EPA meets the NAAQS and determined that Section I of this document, and thus, considered the design value for the air the available information indicates that EPA was required to designate the Area quality monitor in Brunswick County by the area does not likely contribute to in 2016, under the March 2, 2015, court- assessing the most recent three ambient air quality in a nearby area that ordered schedule. After review of all consecutive years (i.e., 2018–2020) of does not meet the NAAQS. EPA is available information at that time, quality-assured, certified ambient air proposing to find that the Brunswick including modeling provided by the quality data in the EPA Air Quality County Area now meets the definition State, EPA was unable to determine the System (AQS) using data from a monitor of attainment/unclassifiable based upon Area’s attainment status, and therefore, that was sited and operated in a 3-year certified and complete design designated Brunswick County in its accordance with 40 CFR parts 50 and value of air quality monitoring data that entirety as unclassifiable in Round 2 of 58. Procedures for using monitored air demonstrates attainment, i.e., no designations for the 2010 1-hour SO2 quality data to determine whether a violations of the 2010 1-hour SO2 primary NAAQS on July 12, 2016. EPA’s violation has occurred are provided in NAAQS, and the fact that sources in rationale for the unclassifiable 40 CFR part 50 Appendix T, as revised Brunswick County are not contributing designation is fully explained in the in the 2010 1-hour SO2 NAAQS to a nearby area that is violating the final Round 2 designations TSD.13 For rulemaking. As noted previously, the NAAQS. EPA preliminarily finds this Brunswick County, DAQ selected the 2010 1-hour SO2 NAAQS is met when information sufficient for the purposes monitoring pathway for purposes of air the design value is 75 ppb or less. Table of redesignating an area from quality characterization pursuant to 1, below, contains the most recent three unclassifiable to attainment/ EPA’s SO2 Data Requirements Rule years of ambient SO2 monitoring data unclassifiable. Such redesignations are (DRR) (80 FR 51052, August 21, 2015).14 available and shows that the Area is functionally similar to initial Pursuant to requirements under the DRR attaining the 2010 1-hour SO2 NAAQS designations and are not subject to CAA to characterize the air quality in the area with a design value of 54 ppb for the section 107(d)(3)(E), which, amongst around CPI Southport, North Carolina period 2018–2020.16
TABLE 1—2010 SO2 NAAQS MONITORING DATA FOR THE BRUNSWICK COUNTY AREA
2018 99th 2019 99th 2020 99th 2018–2020 AQS ID Monitor site percentile percentile percentile design value (ppb) (ppb) (ppb) (ppb)
370190005 ...... Southport ...... 55 * 60 46 54
* Brunswick County SO2 monitoring measurements for the third quarter (July, August, and September) of 2018 did not meet the data com- pleteness requirement of 75% data capture. However, a valid design value for 2018 to 2020 was obtained using the data substitution procedures in 40 CFR part 50, Appendix T, Section 3(c)(ii)(B).
Additionally, on March 31, 2020, the request under CAA section 107(d)(3)(D) quality in Brunswick County and CPI Southport facility ceased operation, and all available information, EPA is demonstrate attainment of the 2010 and the DAQ rescinded the facility’s proposing to find that the three years of 1-hour SO2 NAAQS in the Area. operating permit effective April 1, monitored ambient SO2 data from 2018– Additionally, there is no evidence of 17 2021. After reviewing North Carolina’s 2020 adequately characterize the SO2 air monitored or modeled violations in the
category. See 83 FR 1098 (January 9, 2018) and 83 content/pkg/FR-2015-08-21/pdf/2015-20367.pdf). In monitoring annual network plan located in the FR 25776 (June 4, 2018). EPA reserves the accordance with the DRR, 40 CFR part 51, subpart docket for this proposed action. ‘‘attainment’’ category for when EPA redesignates a BB, through a letter dated June 30, 2016, North 16 North Carolina early certified the Southport nonattainment area that has attained the relevant Carolina notified EPA that the State chose to monitor 2018–2020 air quality data in AQS on NAAQS and has an approved maintenance plan. characterize peak 1-hour SO2 concentrations for CPI January 13, 2021. See Table 2 in North Carolina’s 12 This redesignation request is included in the through air quality monitoring. See https:// April 23, 2021, redesignation request. docket for this proposed action. 17 www.epa.gov/sites/production/files/2016-07/ The DAQ’s April 1, 2021 letter rescinding Air 13 The final Round 2 designations TSD can be documents/north_carolina_source_ Quality Permit No. 05884T21 and the January 20, found at https://www.epa.gov/sites/production/ 2021, certified letter from Mr. Frank Hayward, characterization.pdf. files/2016-07/documents/r4_nc_final_designation_ General Manager, CPI USA North Carolina, 15 tsd_06302016.pdf. The monitor is located at the site of maximum LLC—Southport Plant to Mr. Brad Newland, P.E., 14 Data Requirements Rule for the 2010 1-Hour concentration based on modeling following the Regional Air Quality Supervisor, Wilmington Sulfur Dioxide (SO2) Primary National Ambient Air procedures in EPA SO2 Monitoring TADs. More Regional Office, NC Division of Air Quality, Quality Standard (NAAQS), Final Rule, 80 FR details on the analyses used to support the monitor requesting permit recission are located in the 51052, August 21, 2015 (https://www.govinfo.gov/ placement are contained in the state’s 2016 annual docket for this proposed action.
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surrounding counties such that the Order 13132 (64 FR 43255, August 10, • E-mail: [email protected]. You source is contributing to any nearby area 1999); must include the RIN in the subject line that does not meet the NAAQS. EPA is • Is not an economically significant of your message. therefore proposing to approve North regulatory action based on health or • Mail (paper or CD–ROM Carolina’s redesignation request and safety risks subject to Executive Order submissions): Ms. Annette Gray, Policy redesignate the Brunswick County Area 13045 (62 FR 19885, April 23, 1997); Division, Office of the Procurement from unclassifiable to attainment/ • Is not a significant regulatory action Executive, A/OPE, 2201 C Street NW, unclassifiable based on the currently subject to Executive Order 13211 (66 FR Suite 3200, State Annex Number 15, available information that demonstrates 28355, May 22, 2001); Washington, DC 20520. • • attainment of the 2010 1-hour SO2 Is not subject to requirements of Persons with access to the internet NAAQS. Section 12(d) of the National may view this interim rule and submit Technology Transfer and Advancement comments by visiting: http:// IV. Proposed Action Act of 1995 (15 U.S.C. 272 note) because www.regulations.gov, and searching for EPA is proposing to approve North application of those requirements would docket number DOS–2021–0007. Carolina’s April 23, 2021, request to be inconsistent with the CAA; and FOR FURTHER INFORMATION CONTACT: Ms. redesignate the Brunswick County Area • Will not have disproportionate Tandra Jones, Office of the Procurement from unclassifiable to attainment/ human health or environmental effects Executive, A/OPE, 1735 North Lynn unclassifiable for the 2010 1-hour SO2 under Executive Order 12898 (59 FR Street, Room 442, Arlington, VA 22209. NAAQS. As discussed in prior sections, 7629, February 16, 1994). Telephone 703–875–6643. this proposed action is based on the This proposed action does not apply SUPPLEMENTARY INFORMATION: The currently available monitoring data for on any Indian reservation land or in any Department proposes to add 48 CFR part the Brunswick County Area that other area where EPA or an Indian tribe 615, section 615.209–70, Examination demonstrate attainment of the 2010 1- has demonstrated that a tribe has of Records, and 48 CFR part 652, section hour SO2 primary NAAQS. If finalized, jurisdiction. In those areas of Indian 652.209–70, Examination of Records, to approval of the redesignation request country, this proposed action does not the Department of State Acquisition would change the legal designation for have tribal implications as specified by Regulation (DOSAR). this Area, found at 40 CFR part 81, from Executive Order 13175 (65 FR 67249, unclassifiable to attainment/ November 9, 2000), nor will it impose What is the authority for this proposed unclassifiable for the 2010 1-hour SO2 substantial direct costs on tribal rule? primary NAAQS. governments or preempt tribal law. Title 41 of the U.S. Code, section V. Statutory and Executive Order List of Subjects in 40 CFR Part 81 4706, provides that the head of an Reviews executive agency, acting through an Environmental protection, Air authorized representative, may, for the Under the CAA, redesignation of an pollution control. purpose of evaluating the accuracy, area to attainment/unclassifiable is an Authority: 42 U.S.C. 7401 et seq. completeness, and currency of certified action that affects the status of a Dated: June 28, 2021. cost or pricing data required to be geographical area and does not impose submitted pursuant to 41 U.S.C. chapter any additional regulatory requirements John Blevins, Acting Regional Administrator, Region 4. 35 with respect to a contract or on sources beyond those imposed by subcontract, examine all records of the state law. A redesignation to attainment/ [FR Doc. 2021–14179 Filed 7–1–21; 8:45 am] contractor or subcontractor related to: unclassifiable does not create any new BILLING CODE 6560–50–P (A) The proposal for the contract or requirements. Accordingly, this subcontract; proposed action merely proposes to (B) the discussions conducted on the redesignate an area to attainment/ DEPARTMENT OF STATE proposal; unclassifiable and does not impose (C) pricing of the contract or additional requirements. For that 48 CFR Parts 615 and 652 subcontract; or reason, this proposed action: • [Public Notice: 10574] (D) performance of the contract or Is not a significant regulatory action subcontract. subject to review by the Office of RIN 1400–AE60 The Federal Acquisition Regulation Management and Budget under (FAR), 48 CFR 15.209(b), Solicitation Executive Orders 12866 (58 FR 51735, Department of State Acquisition Regulation; Access to Contractor provisions and contract clauses, states October 4, 1993) and 13563 (76 FR 3821, (in summary) that, when contracting by January 21, 2011); Records • negotiation, except as provided in Does not impose an information AGENCY: Department of State. section 15.209(b)(2),1 the contracting collection burden under the provisions ACTION: Proposed rule. officer shall insert the clause at section of the Paperwork Reduction Act (44 52.215–2, Audit and Records- U.S.C. 3501 et seq.); SUMMARY: The Department of State Negotiation, in solicitations and • Is certified as not having a (DOS) is proposing an amendment to contracts except those for: (1) significant economic impact on a the Department of State Acquisition Acquisitions not exceeding the substantial number of small entities Regulation (DOSAR), to add a new simplified acquisition threshold; (2) The under the Regulatory Flexibility Act (5 contract clause relating to Department acquisition of utility services at rates not U.S.C. 601 et seq.); • requests for examination of contractor exceeding those established to apply Does not contain any unfunded records. mandate or significantly or uniquely uniformly to the general public, plus affect small governments, as described DATES: The Department of State will any applicable reasonable connection accept comments on this proposed rule in the Unfunded Mandates Reform Act 1 of 1995 (Pub. L. 104–4); until August 31, 2021. Paragraph (b)(2) relates to contracts using funds • appropriated or otherwise made available by the Does not have Federalism ADDRESSES: You may submit comments American Recovery and Reinvestment Act of 2009 implications as specified in Executive by any of the following methods: (Pub. L. 111–5).
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charge; or (3) The acquisition of (including potential economic, PART 615—CONTRACTING BY commercial items exempted under environmental, public health and safety NEGOTIATION section 15.403–1. effects, distributive impacts and equity). E.O. 13563 emphasized the importance Why is the Department publishing this ■ 1. The authority citation for 48 CFR of quantifying both costs and benefits, of proposed rule? part 615 continues to read as follows: reducing costs, of harmonizing rules, The DOSAR implements the FAR and of promoting flexibility. The Authority: 22 U.S.C. 2651a, 40 U.S.C. (and therefore, the statute, 41 U.S.C. Department of State does not consider 121(c) and 48 CFR chapter 1. 4706) for the Department of State.2 The this proposed rule to be an ■ 2. Section 615.209–70 is added to read Department has determined, after a ‘‘economically significant regulatory as follows: review of the existing regulations, that action’’ under Executive Order 12866. further clarity is required regarding In addition, the Department is exempt 615.209–70 Examination of records. implementation of 41 U.S.C. 4706 as it from Executive Order 12866 except to The contracting officer shall insert the relates to contracts other than contracts the extent that it is promulgating clause at 652.215–70, Examination of by negotiation (which, as noted, are regulations in conjunction with a Records, in all solicitations and already covered by FAR section domestic agency that are significant contracts other than those described in 15.209(b)). regulatory actions. The Department has Federal Acquisition Regulation For these reasons, the Department nevertheless reviewed the regulation to 15.209(b)(1). proposes to add section 615.209–70 to ensure its consistency with the the DOSAR, requiring the contracting regulatory philosophy and principles set PART 652—SOLICITATION officer to insert a new clause, forth in the Executive Orders and finds Examination of Records (proposed PROVISIONS AND CONTRACT that the benefits of this proposed rule CLAUSES section 652.215–70), in all solicitations outweigh any costs, which the and contracts other than contracts by Department assesses to be minimal. As ■ negotiation. 3. The authority citation for 48 CFR noted, this proposed rule does not part 652 continues to read as follows: Regulatory Findings impose any new requirements on contractors. Authority: 22 U.S.C. 2651a, 40 U.S.C. Administrative Procedure Act 121(c) and 48 CFR chapter 1. Executive Order 13132 In accordance with the provisions of ■ 4. Section 652.215–70 is added to read The proposed rule will not have the Administrative Procedure Act, the as follows: Department is publishing this substantial direct effects on the States, rulemaking as a proposed rule, and on the relationship between the 652.215–70 Examination of Records. providing 60 days for public comment. National Government and the States, or on the distribution of power and As prescribed in 615.209–70, insert Regulatory Flexibility Act responsibilities among the various the following clause. The Department of State, in levels of government. Therefore, in Examination of Records ([ABBREVIATED accordance with the Regulatory accordance with section 6 of Executive MONTH AND YEAR 30 DAYS AFTER DATE Flexibility Act (5 U.S.C. 605(b)), has Order 13132, it is determined that this OF PUBLICATION OF FINAL RULE]) reviewed this regulation and, by proposed rulemaking will not have (a) With respect to matters related to this approving it, certifies that this proposed sufficient federalism implications to contract or a subcontract hereunder, the rule will not have a significant require consultations or warrant the Department of State Office of the Inspector economic impact on small entities. This preparation of a federalism summary General, or an authorized representative, determination is based on the fact that impact statement. shall have upon request: this proposed rulemaking clarifies (1) Complete, prompt, and free access to all Executive Order 13175 within the DOSAR the authority of the Contractor and Subcontractor files (in any Department to examine contractor The Department has determined that format), documents, records, data, premises, records, which is already provided by this proposed rulemaking will not have and employees, except as limited by law; and statute. tribal implications, will not impose (2) The right to interview any current substantial direct compliance costs on Contractor and Subcontractor personnel, Unfunded Mandates Act of 1995 Indian tribal governments, and will not individually and directly, with respect to This proposed rule will not result in pre-empt tribal law. Accordingly, the such matters. the expenditure by State, local, and requirements of Executive Order 13175 (b) This clause may not be construed to require the contractor or any subcontractor to tribal governments, in the aggregate, or do not apply to this proposed create or maintain any record that the by the private sector, of $100 million or rulemaking. contractor or subcontractor does not maintain more in any year and it will not Paperwork Reduction Act in the ordinary course of business or significantly or uniquely affect small pursuant to a provision of law. governments. Therefore, no actions were This proposed rule does not add or (c) The Contractor shall insert a clause deemed necessary under the provisions revise any information collection containing all the terms of this clause, of the Unfunded Mandates Act of 1995. requirements subject to the Paperwork including this paragraph (c), in all Reduction Act, 44 U.S.C. chapter 35. Executive Orders 12866 and 13563 subcontracts under this contract other than List of Subjects in 48 CFR Parts 615 and acquisitions described in Federal Acquisition Executive Orders (E.O.) 12866 and 652 Regulation 15.209(b)(1). 13563 direct agencies to assess costs and benefits of available regulatory Administrative practice and (End of clause) alternatives and, if regulation is procedure, Government procurement. necessary, to select regulatory For the reasons stated in the Zachary A. Parker, approaches that maximize net benefits preamble, the Department of State Director, U.S. Department of State. proposes to amend 48 CFR chapter 6 as [FR Doc. 2021–13740 Filed 7–1–21; 8:45 am] 2 48 CFR 601.303. follows: BILLING CODE 4710–24–P
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Notices Federal Register Vol. 86, No. 125
Friday, July 2, 2021
This section of the FEDERAL REGISTER persons are not required to respond to Total Burden Hours: 120,828. contains documents other than rules or the collection of information unless it Levi S. Harrell, proposed rules that are applicable to the displays a currently valid OMB control public. Notices of hearings and investigations, number. Departmental Information Collection committee meetings, agency decisions and Clearance Officer. rulings, delegations of authority, filing of National Agricultural Statistics Service [FR Doc. 2021–14178 Filed 7–1–21; 8:45 am] petitions and applications and agency Title: ARMS, Fruit Chemical Use and BILLING CODE 3410–20–P statements of organization and functions are examples of documents appearing in this State Cooperator Surveys—Substantive section. Change. OMB Control Number: 0535–0218. DEPARTMENT OF AGRICULTURE Summary of Collection: General Animal and Plant Health Inspection DEPARTMENT OF AGRICULTURE authority for these data collection activities is granted under U.S. Code Service Submission for OMB Review; Title 7, Section 2204 which specifies [Docket No. APHIS–2008–0119] Comment Request that ‘‘The Secretary of Agriculture shall procure and preserve all information Implementation of Revised Lacey Act June 29, 2021. concerning agriculture which he can Provisions The Department of Agriculture will obtain . . . by the collection of statistics AGENCY: Animal and Plant Health submit the following information . . .’’. The primary objective of the collection requirement(s) to OMB for National Agricultural Statistics Service Inspection Service, USDA. review and clearance under the (NASS) is to provide data users with ACTION: Notice. Paperwork Reduction Act of 1995, timely and reliable agricultural SUMMARY: The Food, Conservation, and Public Law 104–13 on or after the date production and economic statistics, as Energy Act of 2008 amended the Lacey of publication of this notice. Comments well as environmental and specialty Act to provide, among other things, that are requested regarding: Whether the agricultural related statistics. To importers submit a declaration at the collection of information is necessary accomplish this objective, NASS relies time of importation for certain plants for the proper performance of the on the use of diverse surveys that show and plant products. Enforcement of the functions of the agency, including changes within the farming industry declaration requirement began on April whether the information will have over time. practical utility; the accuracy of the 1, 2009, and products requiring a The Agricultural Resource declaration are being phased-in. The agency’s estimate of burden including Management Surveys (ARMS), the Fruit the validity of the methodology and purpose of this notice is to inform the Chemical Use Survey and several state public of a change in the date of assumptions used; ways to enhance the funded surveys collect economic and quality, utility and clarity of the implementation for Phase VI of the environmental data on numerous crops enforcement schedule. information to be collected; and ways to on an annual basis. The ARMS surveys DATES: Implementation of Phase VI of minimize the burden of the collection of target numerous crops each year. The the Lacey Act enforcement schedule information on those who are to Fruit and Vegetable Chemical Use will begin October 1, 2021. respond, including through the use of Surveys alternate each year. Changes appropriate automated, electronic, need to be made to these surveys on an FOR FURTHER INFORMATION CONTACT: Ms. mechanical, or other technological annual basis to address issues that arise Dorothy Wayson, National Policy collection techniques or other forms of each year. In addition, some research Manager, Lacey Act Program, information technology. questions are added to some of these Compliance and Environmental Comments regarding these surveys by the Economic Research Coordination Branch, PPQ, APHIS, 4700 information collections are best assured Service (ERS) who co-sponsors the River Road, Unit 150, Riverdale, MD of having their full effect if received by ARMS program. The revised 20737; (301) 851–2036. August 2, 2021. Written comments and questionnaires and listings of the SUPPLEMENTARY INFORMATION: recommendations for the proposed changes to the questionnaires can be Background information collection should be viewed in the Reginfo system submitted within 30 days of the mentioned above. The Lacey Act (16 U.S.C. 3371 et publication of this notice on the The changes to these surveys will add seq.), first enacted in 1900 and following website www.reginfo.gov/ an additional 15,799 burden hours significantly amended in 1981, is the public/do/PRAMain. Find this raising the total for this information United States’ oldest wildlife protection particular information collection by collection request to 120,828 hours. statute. The Act combats trafficking in selecting ‘‘Currently under 30-day Need and Use of the Information: illegally taken wildlife, fish, or plants. Review—Open for Public Comments’’ or These changes will increase the The Food, Conservation, and Energy Act by using the search function. usefulness and relevance of both the of 2008, effective May 22, 2008, An agency may not conduct or economic and environmental data being amended the Lacey Act by expanding its sponsor a collection of information collected. protection to a broader range of plants unless the collection of information Description of Respondents: Farms and plant products (Section 8204, displays a currently valid OMB control and Ranches. Prevention of Illegal Logging Practices). number and the agency informs Number of Respondents: 128,417. The Lacey Act now makes it unlawful potential persons who are to respond to Frequency of Responses: Reporting: to import, export, transport, sell, the collection of information that such Once. receive, acquire, or purchase in
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interstate or foreign commerce any enforcement schedule, which would of Phase VI will now begin on October plant, with some limited exceptions, have begun on October 1, 2020. We 1, 2021. taken, possessed, transported, or sold in solicited comments concerning our Ch. 33 Headings (Essential Oils) violation of any law of the United States proposal until July 1, 2020. We received or an Indian Tribe, or in violation of any 31 comments by that date. They were • 3301295109—essential oils of State or foreign law that protects plants from industry associations, conservation cedarwood or that regulates certain specified plant- organizations, importers, exporters, and • 3301295121—essential oils of linaloe related activities. The Lacey Act also representatives of foreign governments. or bois de rose now makes it unlawful to make or Several commenters were concerned • 3301295139—essential oils of submit any false record, account, or that adding products under Harmonized sandalwood label for, or any false identification of, Tariff Code 4415, which includes cases, Ch. 42 Headings (Trunks, Cases, any plant. boxes, crates, drums, containers, pallets, In addition, Section 3 of the Lacey and box-pallets, and other solid wood Suitcases) Act, as amended, makes it unlawful, packaging materials, would result in • 4202292000—trunks, cases, and beginning December 15, 2008, to import unnecessary burden and disruptions to suitcases of wood certain plants, including plant products, international trade if the declaration • 4202992000—other, of wood, not without an import declaration. The requirement was enforced for these lined declaration must contain the scientific packaging materials. • 4202993000—other, of wood, lined name of the plant, value of the The Act specifies that the plant import declaration requirement does not Ch. 44 Headings (Wood and Articles of importation, quantity of the plant, and Wood) name of the country from which the apply to plants used exclusively as plant was harvested. For paper and packaging material to support, protect, • 441012—oriented strand board (OSB) paperboard products containing or carry another item, unless the • 4415—cases, boxes, crates, drums, recycled content, the declaration also packaging material itself is the item containers, pallets, box-pallets, etc. being imported (§ 3372(f)(3)). APHIS must include the average percent of Ch. 92 Headings (Musical Instruments) recycled content without regard for will only require a declaration for new • species or country of harvest. The plant products in Harmonized Tariff Code 9205902000—wind musical import declaration requirement does not 4415 that are formally entering the instruments: bagpipes United States. The declaration • 9205904020—clarinets apply to plants used exclusively as • packaging material to support, protect, requirement will not apply to used, 9205904080—other (woodwind recycled, or reclaimed pallets or to instruments) or carry another item, unless the • packaging material itself is the item pallets, empty or under load, that are 9205904060—flutes and piccolos used to carry goods imported into the • 9206002000—drums being imported. Currently, enforcement • of the declaration requirement is being United States. 9207900040—musical instruments Some commenters expressed concern (fretted string instruments) phased in, as described in three notices • we published in the Federal Register,1 about the addition of essential oils in 9209.92—parts and accessories for Harmonized Tariff Code 3301.29.5150— musical instruments of heading 9202 the first on February 3, 2009 (74 FR • 5911–5913, Docket No. APHIS–2008– essential oils of ‘‘other.’’ These 9209992000—parts and accessories commenters stated that it was unclear for bagpipes 0119), the second on September 2, 2009 • (74 FR 45415–45418, Docket No. what was included under ‘‘other’’ and 9209994040—parts and accessories that there could be attempts to for other woodwind instruments APHIS–2008–0119), and the third on • February 6, 2015 (80 FR 6681–6683, inaccurately classify products under 9209998000—other different codes to avoid the plant import Docket No. APHIS–2008–0119). Ch. 96 Headings (Miscellaneous In our February 2009 notice, we declaration requirement. We agree with the commenters that Manufactured Articles) committed to providing affected this code may not provide sufficient • individuals and industry with at least 6 9620005500—monopods, bipods, specificity and could result in both months’ notice for any products that tripods and similar articles of wood deliberate and unintentional would be added to the phase-in Additional Information inaccuracies. Accordingly, we have schedule. The phased-in enforcement decided to remove Harmonized Tariff APHIS will continue to provide the schedule began April 1, 2009. The most Code 3301.29.5150—essential oils of latest information regarding the Lacey recent phase (V) began on August 6, ‘‘other’’ from this implementation Act on our website, https:// 2015. The enforcement schedule is phase. www.aphis.usda.gov/aphis/ourfocus/ available on the Animal and Plant In the initial notice, we included both planthealth/import-information/SA_ Health Inspection Service (APHIS) Harmonized Tariff Code 9209.92 and Lacey_Act. The website currently website at https://www.aphis.usda.gov/ the 10-digit Harmonized Tariff Code contains the Lacey Act, as amended; a aphis/ourfocus/planthealth/import- 9209.92.8000. Listing the 10-digit code slideshow covering background and information/SA_Lacey_Act. We is unnecessary, since it already falls context, requirements, commodities and continue to consider the applicability of under 9209.92. We also mistakenly products covered, information on the declaration requirement to products categorized Harmonized Tariff Code prohibitions, and the current status of not included in the current phase-in 9209.99.8000 as ‘‘musical instruments implementation of the declaration schedule. of heading 9202, other.’’ It should read requirement of the Lacey Act; frequently On March 31, 2020, we published a simply ‘‘Other.’’ We have corrected asked questions; the phase-in notice in the Federal Register (85 FR these errors. An updated list of implementation plan; a link to the Lacey 17849–17850, Docket No. APHIS–2008– Harmonized Tariff Schedule codes is set Act Web Governance System (LAWGS); 0119) announcing Phase VI of the out below. Furthermore, we have and the paper declaration form. The website will be updated as new 1 To view the notices and the comments we decided to delay implementation of the received, go to http://www.regulations.gov, and enforcement phase based on the materials become available. We enter APHIS–2008–0119 in the Search field. comments we received. Implementation encourage persons interested in
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receiving timely updates on APHIS’ • Email: [email protected]. collected under this authority are Lacey Act efforts to register for our Include docket number above in the governed by Section 1770 of the Food stakeholder registry at https:// subject line of the message. Security Act of 1985 as amended, 7 public.govdelivery.com/accounts/ • E-fax: (855) 838–6382. U.S.C. 2276, which requires USDA to USDAAPHIS/subscriber/new/ and select • Mail: Mail any paper, disk, or CD– afford strict confidentiality to non- ‘‘Lacey Act Declaration’’ as a topic of ROM submissions to: David Hancock, aggregated data provided by interest. NASS Clearance Officer, U.S. respondents. This Notice is submitted in Department of Agriculture, Room 5336 accordance with the Paperwork Paperwork Reduction Act South Building, 1400 Independence Reduction Act of 1995 (Pub. L. 104–113, This notice contains no new Avenue SW, Washington, DC 20250– 44 U.S.C. 3501, et seq.) and Office of information collection or recordkeeping 2024. Management and Budget regulations at requirements under the Paperwork • Hand Delivery/Courier: Hand 5 CFR part 1320. Reduction Act of 1995 (44 U.S.C. 3501 deliver to: David Hancock, NASS NASS also complies with OMB et seq.). The information collection Clearance Officer, U.S. Department of Implementation Guidance, activities included in this notice are Agriculture, Room 5336 South Building, ‘‘Implementation Guidance for Title V approved by the Office of Management 1400 Independence Avenue SW, of the E-Government Act, Confidential and Budget under control number 0579– Washington, DC 20250–2024. Information Protection and Statistical 0349. FOR FURTHER INFORMATION CONTACT: Efficiency Act of 2002 (CIPSEA),’’ Federal Register, Vol. 72, No. 115, June E-Government Act Compliance Kevin L. Barnes, Associate Administrator, National Agricultural 15, 2007, p. 33362. The Animal and Plant Health Estimate of Burden: Public reporting Statistics Service, U.S. Department of Inspection Service is committed to burden for this collection of information Agriculture, (202) 720–2707. Copies of compliance with the E-Government Act is estimated to average 60 minutes per this information collection and related to promote the use of the internet and response. NASS plans to mail out instructions can be obtained without other information technologies, to publicity materials prior to the charge from David Hancock, NASS— provide increased opportunities for questionnaires to inform respondents of OMB Clearance Officer, at (202) 690– citizen access to Government the importance of this survey. 2388 or at [email protected]. information and services, and for other Respondents will be able to reply to the purposes. For information pertinent to SUPPLEMENTARY INFORMATION: mailed questionnaires by either an E-Government Act compliance related Title: National Conservation Practice online link or by U.S. Postal Service. to this notice, please contact Mr. Joseph Adoption Motivations Survey. After two questionnaire mailings, NASS Moxey, APHIS’ Paperwork Reduction OMB Control Number: 0535–NEW. will mail a reminder, pressure sealed Act Coordinator, at (301) 851–2483. Type of Request: Intent to seek postcard to non-respondents with a link approval to create a new information Done in Washington, DC, this 28th day of to the internet data collection tools, collection for a period of three years. followed up with phone and personal June 2021. Abstract: The purpose of the survey is Mark Davidson, enumeration of non-respondents to to target operations who own or operate increase response rates and to minimize Administrator, Animal and Plant Health cropland and/or concentrated livestock Inspection Service. data collection costs. feeding operations. NASS will collect Respondents: The 2022 survey will [FR Doc. 2021–14155 Filed 7–1–21; 8:45 am] information about these types of target operations who own or operate BILLING CODE 3410–34–P operations to understand conservation cropland as well as concentrated practices within the United States in livestock feeding operations. Operators terms of the following: (1) How often are DEPARTMENT OF AGRICULTURE who have grazing land or forestry land specific conservation practices adopted will be done at a later date. without assistance, with technical National Agricultural Statistics Service Estimated Number of Respondents: assistance and/or financial assistance. 35,200. Notice of Intent To Request To (2) How does adoption evolve over Estimated Total Annual Burden on Conduct a New Information Collection time? What proportion of producers Respondents: 35,614 hours. who ‘‘try’’ a given practice continue or Comments: Comments are invited on: AGENCY: National Agricultural Statistics expand use over time? How many (a) Whether the proposed collection of Service, Agriculture (USDA). discontinue the practice? (3) What information is necessary for the proper ACTION: Notice and request for motivates farmers to initially try a performance of the functions of the comments. practice and then continue, expand, or agency, including whether the discontinue use? The questions reflect a information will have practical utility; SUMMARY: In accordance with the range of factors including conservation (b) the accuracy of the agency’s estimate Paperwork Reduction Act of 1995, this need(s), experience(s) of neighbors, of the burden of the proposed collection notice announces the intention of the financial benefits or costs, producer’s of information, including the validity of National Agricultural Statistics Service time and effort, availability of technical the methodology and assumptions used; (NASS) to seek approval to conduct a and financial assistance, regulation or (c) ways to enhance the quality, utility, new information collection to gather conservation compliance, and concern and clarity of the information to be data related to the motivations of about the environmental quality. The collected; and (d) ways to minimize the targeted operators to adopt conservation United States Department of burden of the collection of information practices. Agriculture’s Natural Resources on those who are to respond, through DATES: Comments on this notice must be Conservation Service has entered into the use of appropriate automated, received by August 31, 2021 to be an interagency agreement with NASS to electronic, mechanical, technological, or assured of consideration. conduct this survey. other forms of information technology ADDRESSES: You may submit comments, Authority: These data will be collection methods. identified by docket number 0535– collected under authority of 7 U.S.C. All responses to this notice will NEW, by any of the following methods: 2204(a). Individually identifiable data become a matter of public record and be
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summarized in the request for OMB SUMMARY: The Rural Business- DATES: The fees in this notice are approval. Cooperative Service (RBCS), Rural applicable October 1, 2021. Housing Service (RHS), and the Rural Signed at Washington, DC, June 28, 2021. FOR FURTHER INFORMATION CONTACT: For Kevin L. Barnes, Utilities Service (RUS), agencies of the information specific to this notice Rural Development mission area within Associate Administrator. contact Michele Brooks, Director, the U.S. Department of Agriculture Regulations Management, Rural [FR Doc. 2021–14169 Filed 7–1–21; 8:45 am] (USDA), hereinafter collectively referred BILLING CODE 3410–20–P Development Innovation Center— to as the Agency, offer loan guarantees Regulations Management, USDA, 1400 through four programs: Community Independence Avenue SW, Washington, DEPARTMENT OF AGRICULTURE Facilities (CF) administered by RHS; DC 20250–1522. Telephone: (202) 690– Water and Waste Disposal (WWD) 1078. Email: [email protected]. Rural Business-Cooperative Service administered by the RUS; and Business For information regarding and Industry (B&I) and Rural Energy for implementation, contact your respective Rural Housing Service America Program (REAP) administered Rural Development State Office listed by the RBCS. This notice provides here: http://www.rd.usda.gov/browse- Rural Utilities Service applicants with the Guarantee Fee rates, state. Guarantee percent for Guaranteed [Docket No. RUS–21–Agency–0011] Loans, the Periodic Retention Fee, and SUPPLEMENTARY INFORMATION: As set Fee for Issuance of the Loan Note forth in 7 CFR part 5001, the Agency is OneRD Annual Notice of Guarantee Guarantee Prior to Construction authorized to charge a guarantee fee, a Fee Rates, Periodic Retention Fee Completion for Fiscal Year (FY) 2022, to periodic guarantee retention fee, a fee Rates, Loan Guarantee Percentage and be used when applying for guaranteed for the issuance of the loan note Fee for Issuance of the Loan Note loans under the aforementioned guarantee prior to construction Guarantee Prior to Construction guaranteed loan types. This notice is completion, and establish a loan Completion for Fiscal Year 2022 being published prior to the passage of guarantee percentage for guaranteed AGENCY: Rural Business-Cooperative a FY 2022 appropriation. Should the loans made under this rule. Pursuant to Service, Rural Housing Service and fees need to be adjusted after passage of this and other applicable authority, and Rural Utilities Service, USDA. the FY 2022 appropriation bill, the subject to the current appropriated agency will publish a subsequent notice authority, the Agency is establishing the ACTION: Notice. in the Federal Register. following for FY 2022:
Fee for issuance of Periodic Loan loan note Guarantee fee guarantee guarantee guarantee Loan type (%) retention fee percentage prior to (%) (%) construction completion (%)
B&I ...... 3.0 0.5 80 0.5 B&I Reduced Fee ...... 1.0 0.5 80 0.5 B&I project in a high cost, isolated rural area of the State of Alaska that is not connected to a road system ...... 1.0 0.5 90 0.5 CF ...... 1.25 0.5 80 0.5 REAP ...... 1.0 0.25 80 0.5 WWD ...... 1.0 N/A 80 0.5
The initial guarantee fee is paid at the Unless precluded by a subsequent FY gender identity (including gender time the loan note guarantee is issued. 2022 appropriation, these rates will expression), sexual orientation, The periodic guarantee retention fee is apply to all guaranteed loans obligated disability, age, marital status, family/ paid by the lender to the Agency once in FY 2022. The amount of the periodic parental status, income derived from a a year. Payment of the periodic retention fee on each guaranteed loan public assistance program, political guarantee retention fee is required in will be determined by multiplying the beliefs, or reprisal or retaliation for prior order to maintain the enforceability of periodic retention fee rate by the civil rights activity, in any program or the guarantee. The fee for issuance of outstanding principal loan balance as of activity conducted or funded by USDA the loan note guarantee prior to December 31, multiplied by the (not all bases apply to all programs). construction completion DOES NOT percentage of guarantee. Remedies and complaint filing deadlines vary by program or incident. apply to all construction loans. This Non-Discrimination Statement additional fee only applies to loans Persons with disabilities who require requesting to receive a loan note In accordance with Federal civil alternative means of communication for guarantee prior to project completion. rights law and U.S. Department of program information (e.g., Braille, large For loans where the Loan Note Agriculture (USDA) civil rights print, audiotape, American Sign Guarantee is issued between October 1 regulations and policies, the USDA, its Language, etc.) should contact the and December 31, the first periodic agencies, offices, and employees, and responsible Agency or USDA’s TARGET institutions participating in or Center at (202) 720–2600 (voice and retention fee payment is due January 31 administering USDA Programs are TTY) or contact USDA through the of the second year following the date the prohibited from discriminating based on Federal Relay Service at (800) 877–8339. Loan Note Guarantee was issued. race, color, national origin, religion, sex, Additionally, program information may
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be made available in languages other Whereas, notice inviting public DEPARTMENT OF COMMERCE than English. comment has been given in the Federal To file a program discrimination Register (86 FR 16183–16184, March 26, International Trade Administration complaint, complete the USDA Program 2021) and the application has been [C–821–827] Discrimination Complaint Form, AD– processed pursuant to the FTZ Act and 3027, found online at https:// the Board’s regulations; and, Seamless Carbon and Alloy Steel www.usda.gov/oascr/how-to-file-a- Standard, Line, and Pressure Pipe Whereas, the Board adopts the program-discrimination-complaint and From the Russian Federation: Final findings and recommendations of the at any USDA office or write a letter Affirmative Countervailing Duty addressed to USDA and provide in the examiner’s memorandum, and finds that Determination letter all of the information requested in the requirements of the FTZ Act and the the form. To request a copy of the Board’s regulations are satisfied; AGENCY: Enforcement and Compliance, complaint form, call (866) 632–9992. Now, therefore, the Board hereby International Trade Administration, Department of Commerce. Submit your completed form or letter to approves the expansion and USDA by: modification of Subzone 149C on behalf SUMMARY: The Department of Commerce (1) Mail: U.S. Department of of Phillips 66 Company, as described in (Commerce) determines that countervailable subsidies are being Agriculture, Office of the Assistant the application and Federal Register provided to producers and exporters of Secretary for Civil Rights, 1400 notice, subject to the FTZ Act and the Independence Avenue SW, Washington, seamless carbon and alloy steel Board’s regulations, including Section standard, line, and pressure pipe DC 20250–9410; or 400.13. (2) email: [email protected]. (seamless pipe) from the Russian USDA is an equal opportunity Dated: June 28, 2021. Federation (Russia). provider, employer, and lender. Christian B. Marsh, DATES: Applicable July 2, 2021. Justin Maxon, Acting Assistant Secretary for Enforcement FOR FURTHER INFORMATION CONTACT: Deputy Undersecretary, Rural Development. and Compliance Alternate Chairman, Caitlin Monks, AD/CVD Operations, Foreign-Trade Zones Board. Office VII, Enforcement and [FR Doc. 2021–14193 Filed 7–1–21; 8:45 am] [FR Doc. 2021–14196 Filed 7–1–21; 8:45 am] Compliance, International Trade BILLING CODE 3410–15–P BILLING CODE 3510–DS–P Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE (202) 482–2670. Foreign-Trade Zones Board SUPPLEMENTARY INFORMATION: Foreign-Trade Zones Board [Order No. 2113] Background The petitioner in this investigation is [B–15–2021] Approval of Expansion and Vallourec Star, L.P. In addition to the Modification of Subzone 149C; Phillips Government of Russia (GOR), the 66 Company; Brazoria County, Texas Termination of Review of Production Notification, Foreign-Trade Zone (FTZ) mandatory respondents in this investigation are PAO TMK, Volzhsky 31—Granite City, Illinois, M.M.O. Pursuant to its authority under the Foreign- Pipe Plant Joint Stock Company Companies, Inc. (Disassembly of Trade Zones Act of June 18, 1934, as (Volzhsky), and certain cross-owned amended (19 U.S.C. 81a–81u), the Foreign- Firearms and Ammunition), Mascoutah affiliates (collectively, TMK).1 On Trade Zones Board (the Board) adopts the and Edwardsville, Illinois following Order: December 11, 2020, Commerce published in the Federal Register the Whereas, the Foreign-Trade Zones On March 1, 2021, the America’s Preliminary Determination and aligned (FTZ) Act provides for ‘‘. . . the Central Port District, grantee of FTZ 31, this final determination with the final establishment . . . of foreign-trade submitted a notification of proposed antidumping duty (AD) determination, zones in ports of entry of the United production activity to the FTZ Board on in accordance with section 705(a)(1) of States, to expedite and encourage behalf of M.M.O. Companies, Inc., the Tariff Act of 1930, as amended (the foreign commerce, and for other within Subzone 31E, in Mascoutah and Act), and 19 CFR 351.210(b)(4)(i).2 purposes,’’ and authorizes the Foreign- Edwardsville, Illinois. The notification Trade Zones Board to grant to qualified was processed in accordance with the 1 See Memorandum, ‘‘Countervailing Duty corporations the privilege of regulations of the FTZ Board (15 CFR Investigation of Seamless Carbon and Alloy Steel establishing foreign-trade zones in or Standard, Line, and Pressure Pipe from the Russian part 400), including notice in the Federation: Respondent Selection,’’ dated August adjacent to U.S. Customs and Border Federal Register inviting public 13, 2020. As discussed in the Preliminary Decision Protection ports of entry; comment (86 FR 13281–13282, March 8, Memorandum (PDM), the cross-owned companies Whereas, the Board’s regulations (15 2021). On June 29, 2021, the applicant that comprise TMK are: PAO TMK, Volzhsky Pipe CFR part 400) provide for the Plant Joint Stock Company (Volzhsky), Taganrog was notified that review of the establishment of subzones for specific Metallurgical Plant Joint Stock Company (Tagmet), notification is being terminated, Sinarsky Pipe Plant Joint Stock Company uses; (Sinarsky), Seversky Pipe Plant Joint Stock Whereas, Port Freeport, grantee of effective July 9, 2021. Company (Seversky), TMK CHERMET LLC (TMK Foreign-Trade Zone 149, has made Dated: June 29, 2021. CHERMET), TMK CHERMET LLC Volzhsky (TMK CHERMET Volzhsky), TMK CHERMET LLC application to the Board to expand and Andrew McGilvray, Ekaterinburg (TMK CHERMET Ekaterinburg), TMK modify Subzone 149C on behalf of Executive Secretary. CHERMET LLC Rostov (TMK CHERMET Rostov), Phillips 66 Company to include an TMK CHERMET LLC Saratov (TMK CHERMET [FR Doc. 2021–14197 Filed 7–1–21; 8:45 am] additional 490 acres at Site 1 and to Saratov), and TMK CHERMET LLC Service (TMK remove 220 acres from Site 1 (FTZ BILLING CODE 3510–DS–P CHERMET Service). 2 See Seamless Carbon and Alloy Steel Standard, Docket B–25–2021, docketed March 22, Line, and Pressure Pipe from the Russian 2021); Continued
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A summary of the events that Analysis of Subsidy Programs and based entirely under section 776 of the occurred since Commerce published the Comments Received Act. Preliminary Determination, as well as a The subsidy programs under In this investigation, Commerce full discussion of the issues raised by investigation and the issues raised in calculated an individual estimated parties for this final determination, may the case and rebuttal briefs by parties in countervailable subsidy rate for TMK, be found in the Issues and Decision this investigation are discussed in the the only individually examined Memorandum, which is hereby adopted Issues and Decision Memorandum. A exporter/producer, which is not zero, de 3 by this notice. The Issues and Decision list of the issues raised by parties is minimis, or based entirely on facts 8 Memorandum is a public document and attached to this notice at Appendix II. otherwise available. Accordingly, we is on file electronically via Enforcement have assigned the estimated and Compliance’s Antidumping and Methodology countervailable subsidy rate calculated Countervailing Duty Centralized Commerce conducted this for TMK to all other producers and Electronic Service System (ACCESS). investigation in accordance with section exporters, pursuant to section ACCESS is available to registered users 701 of the Act. For each of the subsidy 705(c)(5)(A)(i) of the Act. at http://access.trade.gov. In addition, a programs found countervailable, Final Determination complete version of the Issues and Commerce determines that there is a Decision Memorandum can be accessed subsidy, i.e., a financial contribution by Commerce determines that the directly at http://enforcement.trade.gov/ an ‘‘authority’’ that gives rise to a following countervailable subsidy rates frn/. benefit to the recipient, and that the exist: 6 Period of Investigation subsidy is specific. For a full description of the methodology Subsidy The period of investigation is January Company rate underlying our final determination, see (percent) 1, 2019, through December 31, 2019. the Issues and Decision Memorandum. Scope of the Investigation In making this final determination, PAO TMK/Volzhsky Pipe Plant Commerce is relying, in part, on facts Joint Stock Company 9 ...... 48.38 The product covered by this otherwise available, including adverse All Others ...... 48.38 investigation is seamless pipe from facts available (AFA), pursuant to Russia. For a complete description of sections 776(a) and (b) of the Act. For Disclosure the scope of this investigation, see a full discussion of our application of Appendix I. Commerce intends to disclose to AFA, see the Preliminary Determination interested parties its calculations and Scope Comments and the section ‘‘Use of Facts Otherwise analysis performed in this final Available and Adverse Inferences’’ in determination within five days of its We did not receive comments from the accompanying Issues and Decision interested parties on the Preliminary public announcement, or if there is no Memorandum.7 Scope Decision Memorandum.4 As public announcement, within five days discussed in Preliminary Scope Changes Since the Preliminary of the date of publication of this notice Decision Memorandum, Commerce Determination in accordance with 19 CFR 351.224(b). modified the scope language as it Based on our review and analysis of Continuation of Suspension of appeared in the Initiation Notice to the comments received from parties, as Liquidation clarify certain exclusions. See the scope well as additional information collected in Appendix I. As a result of our Preliminary in questionnaires issued subsequent to Determination and pursuant to sections Verification the Preliminary Determination, we 703(d)(1)(B) and (d)(2) of the Act, we made certain changes to the Commerce was unable to conduct on- instructed U.S. Customs and Border countervailable subsidy rate calculation Protection (CBP) to suspend liquidation site verification of the information for TMK. For a discussion of these relied upon in making its final of entries of subject merchandise from changes, see the Issues and Decision Russia that were entered, or withdrawn determination in this investigation. Memorandum. However, we took additional steps in from warehouse, for consumption, lieu of an on-site verification to verify All-Others Rate effective December 11, 2020, which is the information relied upon in making the date of publication of the Section 705(c)(5)(A) of the Act Preliminary Determination in the this final determination, in accordance provides that in the final determination, with section 782(i) of the Act.5 Federal Register. Commerce shall determine an estimated In accordance with section 703(d) of all-others rate for companies not the Act, effective April 10, 2021, we Federation: Preliminary Affirmative Countervailing individually examined. This rate shall Duty Determination and Alignment of Final instructed CBP to discontinue the Determination with Final Antidumping Duty be an amount equal to the weighted suspension of liquidation of all entries Determination, 85 FR 80007 (December 11, 2020) average of the estimated subsidy rates at that time, but to continue the (Preliminary Determination), and accompanying established for those companies suspension of liquidation of all entries PDM. individually examined, excluding any 3 See Memorandum, ‘‘Issues and Decision zero and de minimis rates and any rates Memorandum for the Final Affirmative 8 See Preliminary Determination, 85 FR at 80025. Determination in the Countervailing Duty 9 As discussed in the PDM Commerce has found Investigation of Seamless Carbon and Alloy Steel Federation: In Lieu of Verification Questionnaire,’’ the following companies to be cross-owned with Standard, Line, and Pressure Pipe from the Russian dated March 29, 2021. PAO TMK and Volzhsky Pipe Plant Joint Stock Federation,’’ dated concurrently with this 6 See sections 771(5)(B) and (D) of the Act Company: Sinarsky Pipe Plant; Taganrog determination (Issues and Decision Memorandum). regarding financial contribution; section 771(5)(E) Metallurgical Plant Joint Stock Company; Sinarsky 4 See Commerce’s Memorandum, ‘‘Preliminary of the Act regarding benefit; and section 771(5A) of Pipe Plant Joint Stock Company; Seversky Pipe Scope Memorandum,’’ dated December 11, 2020 the Act regarding specificity. Plant Joint Stock Company; TMK CHERMET LLC; (Preliminary Scope Memorandum). 7 See Preliminary Determination PDM at ‘‘Use of TMK CHERMET LLC Volzhsky; TMK CHERMET 5 See Commerce’s Letter, ‘‘Countervailing Duty Facts Available, with Adverse Inferences;’’ see also LLC Ekaterinburg; TMK CHERMET LLC Rostov; Investigation of Seamless Carbon and Alloy Steel Issues and Decision Memorandum at ‘‘Use of Facts TMK CHERMET LLC Saratov; and TMK CHERMET Standard, Line, and Pressure Pipe from the Russian Available, and Adverse Inferences.’’ LLC Service.
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between December 11, 2020, and April and 777(i) of the Act, and 19 CFR 7304.59.8015, 7304.59.8020, 7304.59.8025, 9, 2021. 351.210(c). 7304.59.8030, 7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, 7304.59.8055, If the U.S. International Trade Dated: June 25, 2021. Commission (ITC) issues a final 7304.59.8060, 7304.59.8065, and James Maeder, affirmative injury determination, we 7304.59.8070. The HTSUS subheadings and will issue a countervailing duty order, Deputy Assistant Secretary for Antidumping specifications are provided for convenience and Countervailing Duty Operations. and continue to require a cash deposit and customs purposes; the written of estimated countervailing duties for Appendix I—Scope of the Investigation description of the scope is dispositive. such entries of subject merchandise in The merchandise covered by the scope of Appendix II—List of Topics Discussed the amounts indicated above, in this investigation is seamless carbon and in the Final Decision Memorandum accordance with section 706(a) of the alloy steel (other than stainless steel) pipes Act. If the ITC determines that material and redraw hollows, less than or equal to 16 I. Summary injury, or threat of material injury, does inches (406.4 mm) in nominal outside II. Background not exist, this proceeding will be diameter, regardless of wall-thickness, III. Use of Facts Available, and Adverse terminated, and all estimated duties manufacturing process (e.g., hot-finished or Inferences deposited or securities posted as a result cold-drawn), end finish (e.g., plain end, IV. Subsidies Valuation Information of the suspension of liquidation will be beveled end, upset end, threaded, or V. Benchmarks and Interest Rates threaded and coupled), or surface finish (e.g., VI. Analysis of Programs refunded or canceled. bare, lacquered or coated). Redraw hollows VII. Analysis of Comments ITC Notification are any unfinished carbon or alloy steel (other than stainless steel) pipe or ‘‘hollow Comment 1: Whether Commerce Used the In accordance with section 705(d) of profiles’’ suitable for cold finishing Appropriate Sales Denominator To the Act, we will notify the ITC of its operations, such as cold drawing, to meet the Calculate TMK’s Subsidy Rates final affirmative determination that American Society for Testing and Materials Comment 2: Whether Commerce Can countervailable subsidies are being (ASTM) or American Petroleum Institute Investigate Subsidies Not Included in the provided to producers and exporters of (API) specifications referenced below, or Petition seamless pipe from Russia. Because the comparable specifications. Specifically Comment 3a: Whether PJSC Gazprom included within the scope are seamless final determination in this proceeding is (Gazprom) Is a Government Authority carbon and alloy steel (other than stainless affirmative, in accordance with section steel) standard, line, and pressure pipes That Provides a Financial Contribution 705(b) of the Act, the ITC will make its produced to the ASTM A–53, ASTM A–106, Comment 3b: Whether Oil Company final determination as to whether the ASTM A–333, ASTM A–334, ASTM A–589, Rosneft, Public Joint Stock Company domestic industry in the United States ASTM A–795, ASTM A–1024, and the API (Rosneft) Is a Government Authority is materially injured or threatened with 51 specifications, or comparable That Provides a Financial Contribution material injury, by reason of imports of specifications, and meeting the physical Comment 3c: Whether the Provision of seamless pipe from Russia no later than parameters described above, regardless of Natural Gas Is Specific 45 days after our final determination. In application, with the exception of the Comment 3d: Whether Commerce Should exclusions discussed below. Adjust the Natural Gas Benchmark to addition, we are making available to the Specifically excluded from the scope of the ‘‘Tier-One’’ ITC all non-privileged and investigation are: (1) All pipes meeting nonproprietary information related to aerospace, hydraulic, and bearing tubing Comment 3e: Whether Commerce Should this investigation. We will allow the ITC specifications, including pipe produced to Adjust the Natural Gas Benchmark to access to all privileged and business the ASTM A–822 standard; (2) all pipes ‘‘Tier-Two’’ proprietary information in our files, meeting the chemical requirements of ASTM Comment 3f: Whether Commerce Should provided the ITC confirms that it will A–335, whether finished or unfinished; and Change the Data Relied Upon in Its not disclose such information, either (3) unattached couplings. Also excluded from Natural Gas ‘‘Tier-Three’’ Analysis the scope of the investigation are all Comment 4a: Whether Certain SCBs Are publicly or under an administrative mechanical, boiler, condenser and heat protective order (APO), without the Government Authorities exchange tubing, except when such products Comment 4b: Whether Lending From written consent of the Assistant conform to the dimensional requirements, Certain SCBs Is Specific Secretary for Enforcement and i.e., outside diameter and wall thickness, of Compliance. ASTM A–53, ASTM A–106 or API 51 Comment 4c: Whether Commerce’s specifications. Also excluded from the scope Application of Adverse Facts Available Notification Regarding APO of the investigation are: (1) Oil country (AFA) With Respect to Its Specificity In the event that the ITC issues a final tubular goods consisting of drill pipe, casing, Determination Is Supported by the negative injury determination, this tubing and coupling stock; (2) all pipes Record notice will serve as the only reminder meeting the chemical requirements of ASTM Comment 4d: Whether Commerce Should A–335 regardless of their conformity to the to parties subject to the APO of their Adjust Its Lending Rate Benchmark dimensional requirements of ASTM A–53, Comment 5a: Whether the Sverdlovsk responsibility concerning the ASTM A–106 or API 5L; and (3) the destruction of proprietary information Region’s Development Program Provides exclusion for ASTM A335 applies to pipes a Financial Contribution disclosed under APO in accordance meeting the comparable specifications GOST Comment 5b: Whether the Sverdlovsk with 19 CFR 351.305(a)(3). Timely 550–75. Region’s Development Program Is written notification of the return/ Subject seamless standard, line, and Specific destruction of APO materials or pressure pipe are normally entered under Comment 6: Whether the Regional conversion to judicial protective order is Harmonized Tariff Schedule of the United Investment Incentives From the Rostov hereby requested. Failure to comply States (HTSUS) subheadings 7304.19.1020, 7304.19.1030, 7304.19.1045, 7304.19.1060, Government Are Specific with the regulations and terms of an 7304.19.5020, 7304.19.5050, 7304.31.6050, VIII. Recommendation APO is a violation which is subject to 7304.39.0016, 7304.39.0020, 7304.39.0024, [FR Doc. 2021–14141 Filed 7–1–21; 8:45 am] sanction. 7304.39.0028, 7304.39.0032, 7304.39.0036, BILLING CODE 3510–DS–P Notification to Interested Parties 7304.39.0040, 7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, This determination is issued and 7304.39.0068, 7304.39.0072, 7304.51.5005, published pursuant to sections 705(d) 7304.51.5060, 7304.59.6000, 7304.59.8010,
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DEPARTMENT OF COMMERCE we received rebuttal briefs from specific.6 For a full description of the ASEMESA, Agro Sevilla, and Camacho, methodology underlying our International Trade Administration DCoop, and Musco.4 For a complete conclusions, see the Issues and Decision [C–469–818] description of the events that occurred Memorandum. since the Preliminary Results, see the In making this final determination, Ripe Olives From Spain: Final Results Issues and Decision Memorandum.5 Commerce is relying, in part, on facts otherwise available, including adverse of Countervailing Duty Administrative Scope of the Order Review; 2017–2018 facts available (AFA), pursuant to The product covered by the order are sections 776(a) and (b) of the Act. For AGENCY: Enforcement and Compliance, ripe olives from Spain. For a complete a full discussion of our application of International Trade Administration, description of the scope of this order, AFA, see the Preliminary Results and Department of Commerce. see the Issues and Decision the section ‘‘Use of Facts Otherwise SUMMARY: The Department of Commerce Memorandum. Available and Adverse Inference’’ in the (Commerce) determines that certain Analysis of Comments Received accompanying Issues and Decision producers and/or exporters of ripe Memorandum. olives from Spain, received All issues raised by the interested countervailable subsidies during the parties in their case and rebuttal briefs Final Results of Review period of review (POR), November 28, are addressed in the Issues and Decision We determine the following net 2017, through December 31, 2018. Memorandum. A list of these issues are countervailable subsidy rates for the DATES: Effective July 2, 2021. identified in the Appendix to this period of November 28, 2017, through notice. The Issues and Decision FOR FURTHER INFORMATION CONTACT: December 31, 2018: Memorandum is a public document and Mary Kolberg or Dusten Hom, AD/CVD is on file electronically via Enforcement Operations, Office I, Enforcement and Subsidy and Compliance’s Antidumping and Exporter/producer rate Compliance, International Trade CVD Centralized Electronic Service Administration, U.S. Department of System (ACCESS). ACCESS is available Agro Sevilla Aceitunas S.COOP Commerce, 1401 Constitution Avenue to registered users at http:// Andalusia ...... 7.01 NW, Washington, DC 20230; telephone: Angel Camacho Alimentacion access.trade.gov. In addition, a complete (202) 482–1785, (202) 482–5075, S.L ...... 5.23 version of the Issues and Decision respectively. Alimentary Group DCoop Memorandum can be accessed directly S.Coop. And ...... 22.36 SUPPLEMENTARY INFORMATION: at http://enforcement.trade.gov/frn/. Background Changes Since the Preliminary Results Disclosure On December 28, 2020, Commerce Based on the comments received from We intend to disclose to interested published the Preliminary Results of interested parties, we revised the parties the calculations and analysis this CVD administrative review in the calculation of the net countervailable performed in the final results of this Federal Register.1 On April 5, 2021, subsidy rates for the respondents: review within five days of the date of Commerce extended the deadline for the DCoop, Agro Sevilla, and Camacho. For publication of this notice in accordance final results of this administrative a discussion of these issues, see the with 19 CFR 351.224(b). review until June 25, 2021.2 We invited Issues and Decision Memorandum. Assessment interested parties to comment on the Preliminary Results. On May 7, 2021, Methodology In accordance with section we received case briefs from Alimentary Commerce conducted this review in 751(a)(2)(C) of the Act and 19 CFR Group DCoop S.Coop. And. (DCoop), accordance with section 751(a)(1)(A) of 351.212(b)(2), Commerce shall ASEMESA, Agro Sevilla Aceitunas the Tariff Act of 1930, as amended (the determine, and CBP shall assess, S.Coop. And. (Agro Sevilla), and Angel Act). For each of the subsidy programs countervailing duties on all appropriate Camcho Alimentacion, S.L. (Camacho), found to be countervailable, we entries covered by this review. the European Investment Fund (the determine that there is a subsidy (i.e., a Commerce intends to issue appropriate EIF), the Government of Spain (the financial contribution by an ‘‘authority’’ assessment instructions to CBP no GOS), and Musco Family Olive that gives rise to a benefit to the earlier than 35 days after the date of this Company (Musco).3 On May 14, 2021, recipient) and that the subsidy is publication of the final results of this review in the Federal Register. If a 1 See Ripe Olives from Spain: Preliminary Results regarding the first CVD administrative review of timely summons is filed at the U.S. of Countervailing Duty Administrative Review; Ripe Olives from Spain,’’ dated May 7, 2021; Court of International Trade, the 2017–2018, 85 FR 84294 (December 28, 2020), and Musco’s Letter, ‘‘Ripe Olives from Spain; 1st assessment instructions will direct CBP accompanying Preliminary Decision Memorandum Administrative Review-Case Brief of Musco,’’ dated (Preliminary Decision Memorandum) (collectively, May 7, 2021; and Dcoop’s Letter, ‘‘Ripe Olives from not to liquidate relevant entries until the Preliminary Results). Spain: Resubmission of Case Brief,’’ dated May 12, time for parties to file a request for a 2 See Memorandum, ‘‘Ripe Olives from Spain: 2021. statutory injunction has expired (i.e., Extension of Deadline for Final Results of 4 See Dcoop’s Letter, ‘‘Ripe Olives from Spain: within 90 days of publication). Countervailing Duty Administrative Review; 2017– Rebuttal Brief,’’ dated May 14, 2021; see also 2018,’’ dated April 5, 2021. ASEMESA’s, Agro Sevilla’s, and Camacho’s Letter, Cash Deposit Requirements 3 See EIF’s Letter, ‘‘2019 Administrative Review ‘‘Rebuttal Brief of ASEMESA, Agro Sevilla and of the CVD Order on Ripe Olives from Spain-Case Camacho—Ripe Olives from Spain (C–469–818),’’ In accordance with section 751(a)(1) brief,’’ dated May 7, 2021; see also ASEMESA’s, dated May 14, 2021; and Musco’s Letter, ‘‘Ripe of the Act, Commerce also intends to Agro Sevilla’s, and Camacho’s Letter, ‘‘Case Brief of Olives from Spain: 1st Administrative Review- instruct CBP to collect cash deposits of ASEMESA, Agro Sevilla Aceitunas S.Coop.And. Rebuttal Brief of Musco,’’ dated May 14, 2021. (‘Agro Sevilla’), and Angel Camacho Alimentacion, 5 See Memorandum, ‘‘Issues and Decision estimated countervailing duties in the S.L. (‘Camacho’) Ripe Olives from Spain (C–469– Memorandum for the Final Results of the 818),’’ dated May 7, 2021; GOS’s Letter, ‘‘Case of Countervailing Duty Administrative Review of Ripe 6 See sections 771(5)(B) and (D) of the Act the Government of Spain in relation to the Post- Olives from Spain; 2017–2018,’’ dated concurrently regarding financial contribution; section 771(5)(E) Preliminary Determination, issued by the with, and hereby adopted by, this notice (Issues and of the Act regarding benefit; and section 771(5A) of Department of Commerce on April 22, 2021, Decision Memorandum), the Act regarding specificity.
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amounts shown for each of the Comment 8: Whether the European Background respective companies listed above. For Investment Fund Loans Program is Specific The petitioner in this investigation is all non-reviewed firms, CBP will Vallourec Star, LP. In addition to the continue to collect cash deposits of Comment 9: Whether Commerce Should Allocate Olive Subsidy Benefits to Sales Government of Korea (GOK), the estimated countervailing duties at the of Olives Only mandatory respondent in this most recent company-specific or all- Comment 10: Whether Commerce Should investigation is ILJIN Steel Corporation others rate applicable to the company, Adjust its Calculation for Yield Loss (ILJIN). On December 11, 2020, as appropriate. These cash deposit Comment 11: Whether Commerce Should Commerce published in the Federal requirements, when imposed, shall Revise its Calculation for the Two Coop Register the Preliminary Determination remain in effect until further notice. Respondents To Eliminate Double and aligned this final determination Counting of Grower Quantities with the final antidumping duty (AD) Administrative Protective Order Comment 12: Whether Commerce Should determination, in accordance with This notice serves as a final reminder Apply AFA to Agro Sevilla’s First-Tier Coops and Member Growers section 705(a)(1) of the Tariff Act of to parties subject to administrative Comment 13: Whether Commerce Should 1930, as amended (the Act), and 19 CFR protective order (APO) of their Correct Ministerial Errors for Agro 351.210(b)(4)(i).1 responsibility concerning the Sevilla A summary of the events that destruction of proprietary information Comment 14: Whether Commerce Should occurred since Commerce published the disclosed under APO in accordance Correct Ministerial Errors for Camacho Preliminary Determination, as well as a with 19 CFR 351.305(a)(3). Timely Comment 15: Whether Commerce Should full discussion of the issues raised by written notification of return or Apply AFA to Camacho’s Growers parties for this final determination, may destruction of APO materials or Comment 16: Whether Commerce Should be found in the Issues and Decision conversion to judicial protective order is Apply AFA to Dcoop’s First-Tier Coops Memorandum, which is hereby adopted and Member Growers 2 hereby requested. Failure to comply Comment 17: Whether Commerce Should by this notice. The Issues and Decision with the regulations and the terms of an Find That All Dcoop’s Growers Received Memorandum is a public document and APO is sanctionable violation. Greening Benefits is on file electronically via Enforcement and Compliance’s Antidumping and Notification to Interested Parties Comment 18: Whether Commerce Should Use Dcoop’s Calendar Year 2018 Grower Countervailing Duty Centralized These final results are issued and Data or, in the Alternative, Should Electronic Service System (ACCESS). published in accordance with sections Correct Ministerial Errors ACCESS is available to registered users 751(a)(1) and 777(i) of the Act and 19 IX. Recommendation at http://access.trade.gov. In addition, a CFR 351.221(b)(5). [FR Doc. 2021–14142 Filed 7–1–21; 8:45 am] complete version of the Issues and BILLING CODE 3510–DS–P Decision Memorandum can be accessed Dated: June 25, 2021. directly at http://enforcement.trade.gov/ Ryan Majerus, frn/. Deputy Assistant Secretary for Policy and DEPARTMENT OF COMMERCE Negotiations. Period of Investigation Appendix—List of Topics Discussed in International Trade Administration The period of investigation is January the Issues and Decision Memorandum 1, 2019, through December 31, 2019. [C–580–910] I. Summary Scope of the Investigation II. Background Seamless Carbon and Alloy Steel The product covered by this III. Scope of the Order Standard, Line, and Pressure Pipe investigation is seamless pipe from IV. Subsidies Valuation From the Republic of Korea: Final Korea. For a complete description of the V. Loan Interest Rate Benchmark and Discount Rates Affirmative Countervailing Duty scope of this investigation, see VI. Use of Facts Otherwise Available and Determination Appendix I. Adverse Inferences AGENCY: Scope Comments VII. Analysis of Programs Enforcement and Compliance, VIII. Analysis of Comments International Trade Administration, During the course of this and the Comment 1: Whether Commerce Properly Department of Commerce. concurrent AD investigation, Commerce Interpreted and Applied the Standard SUMMARY: The Department of Commerce received scope comments from Established by Section 771B(1) of the Act (Commerce) determines that interested parties. On January 13, 2021, for Determining ‘‘Substantially countervailable subsidies are being Commerce issued a Preliminary Scope Dependent’’ Demand provided to producers and exporters of Decision Memorandum to address these Comment 2: Whether the EU CAP Pillar I— seamless carbon and alloy steel comments, and modified the scope BPS is De Jure Specific language as it appeared in the Comment 3: Whether Commerce Used an standard, line, and pressure pipe Incorrect Sales Denominator To (seamless pipe) from the Republic of 1 Calculate Agro Sevilla’s Subsidy Rate Korea (Korea). See Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Republic of Korea: Comment 4: Whether Commerce Should DATES: Applicable July 2, 2021. Preliminary Affirmative Countervailing Duty Exclude Re-Sales and Purchases of FOR FURTHER INFORMATION CONTACT: Determination and Alignment of Final Molinos Not Used To Produce Subject Determination with Final Antidumping Duty Merchandise From Camacho’s Subsidy Moses Song or Natasia Harrison, AD/ Determination, 85 FR 80024 (December 11, 2020) Rate Calculation CVD Operations, Office VI, Enforcement (Preliminary Determination), and accompanying Comment 5: Whether the PROSOL Program and Compliance, International Trade Preliminary Decision Memorandum. is Specific Administration, U.S. Department of 2 See Memorandum, ‘‘Issues and Decision Comment 6: Whether the ICO—National Commerce, 1401 Constitution Avenue Memorandum for the Final Affirmative Investment Program is Specific Determination in the Countervailing Duty NW, Washington, DC 20230; telephone: Investigation of Seamless Carbon and Alloy Steel Comment 7: Whether the Andalusia Energy (202) 482–7885 or (202) 482–1240, Standard, Line, and Pressure Pipe from the Agency for Sustainable Energy respectively. Republic of Korea,’’ dated concurrently with, and Development for Andalusia Scheme is hereby adopted by, this notice (Issues and Decision Specific SUPPLEMENTARY INFORMATION: Memorandum).
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Preliminary Determination to exclude a full discussion of our application of determination within five days of its oil country tubular goods covered by AFA, see the Preliminary Determination public announcement, or if there is no another order and all pipes meeting and the section ‘‘Use of Facts Otherwise public announcement, within five days certain chemical requirements from the Available and Adverse Inferences’’ in of the date of publication of this notice scope of this and the concurrent AD the accompanying Issues and Decision in accordance with 19 CFR 351.224(b). investigation.3 We did not receive Memorandum.6 Continuation of Suspension of comments from interested parties on the Changes Since the Preliminary Liquidation Preliminary Scope Memorandum. As Determination discussed in Preliminary Scope As a result of our Preliminary Decision Memorandum, Commerce Based on our review and analysis of Determination and pursuant to sections modified the scope language as it the comments received from parties, as 703(d)(1)(B) and (d)(2) of the Act, we appeared in the Initiation Notice to well as additional information collected instructed U.S. Customs and Border clarify certain exclusions. See the scope in questionnaires issued subsequent to Protection (CBP) to suspend liquidation in the Appendix I to this notice. the Preliminary Determination, we of entries of subject merchandise from made certain changes to the Korea that were entered, or withdrawn Verification countervailable subsidy rate calculation from warehouse, for consumption, Commerce was unable to conduct on- for ILJIN. For a discussion of these effective December 11, 2020, which is site verification of the information changes, see the Issues and Decision the date of publication of the relied upon in making its final Memorandum. Preliminary Determination in the Federal Register. determination in this investigation. All-Others Rate However, we took additional steps in In accordance with section 703(d) of lieu of an on-site verification to verify Section 705(c)(5)(A) of the Act the Act, effective April 10, 2021, we the information relied upon in making provides that in the final determination, instructed CBP to discontinue the this final determination, in accordance Commerce shall determine an estimated suspension of liquidation of all entries with section 782(i) of the Act.4 all-others rate for companies not at that time, but to continue the individually examined. This rate shall suspension of liquidation of all entries Analysis of Subsidy Programs and be an amount equal to the weighted between December 11, 2020, and April Comments Received average of the estimated subsidy rates 9, 2021. The subsidy programs under established for those companies If the U.S. International Trade investigation and the issues raised in individually examined, excluding any Commission (ITC) issues a final the case and rebuttal briefs by parties in zero and de minimis rates and any rates affirmative injury determination, we this investigation are discussed in the based entirely under section 776 of the will issue a countervailing duty order, Issues and Decision Memorandum. A Act. and continue to require a cash deposit list of the issues raised by parties is In this investigation, Commerce of estimated countervailing duties for attached to this notice at Appendix II. calculated an individual estimated such entries of subject merchandise in countervailable subsidy rate for ILJIN, the amounts indicated above, in Methodology the only individually examined accordance with section 706(a) of the Commerce conducted this exporter/producer, which is not zero, de Act. If the ITC determines that material investigation in accordance with section minimis, or based entirely on facts injury, or threat of material injury, does 701 of the Act. For each of the subsidy otherwise available.7 Accordingly, we not exist, this proceeding will be programs found countervailable, have assigned the estimated terminated, and all estimated duties Commerce determines that there is a countervailable subsidy rate calculated deposited or securities posted as a result subsidy, i.e., a financial contribution by for ILJIN to all other producers and of the suspension of liquidation will be an ‘‘authority’’ that gives rise to a exporters, pursuant to section refunded or canceled. benefit to the recipient, and that the 705(c)(5)(A)(i) of the Act. 5 ITC Notification subsidy is specific. For a full Final Determination description of the methodology In accordance with section 705(d) of underlying our final determination, see Commerce determines that the the Act, we will notify the ITC of the the Issues and Decision Memorandum. following countervailable subsidy rates final affirmative determination that In making this final determination, exist: countervailable subsidies are being Commerce is relying, in part, on facts provided to producers and exporters of otherwise available, including adverse Subsidy seamless pipe from Korea. Because the Company rate facts available (AFA), pursuant to (percent) final determination in this proceeding is sections 776(a) and (b) of the Act. For affirmative, in accordance with section ILJIN Steel Corporation ...... 1.78 705(b) of the Act, the ITC will make its 3 See Memorandum, ‘‘Antidumping and All Others ...... 1.78 final determination as to whether the Countervailing Duty Investigations of Seamless domestic industry in the United States Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Czech Republic, the Disclosure is materially injured or threatened with Republic of Korea, the Russian Federation, and Commerce intends to disclose to material injury, by reason of imports of Ukraine: Preliminary Scope Decision interested parties its calculations and seamless pipe from Korea no later than Memorandum,’’ dated January 13, 2021 analysis performed in this final 45 days after our final determination. In (Preliminary Scope Decision Memorandum). addition, we are making available to the 4 See Commerce’s Letter, ‘‘Countervailing Duty Investigation of Seamless Carbon and Alloy Steel 6 See Preliminary Decision Memorandum at ‘‘Use ITC all non-privileged and Standard, Line, and Pressure Pipe from the of Facts Otherwise Available and Adverse nonproprietary information related to Republic of Korea: In Lieu of On-Site Verification Inferences’’; see also Issues and Decision this investigation. We will allow the ITC Questionnaire,’’ dated March 9, 2021. Memorandum at ‘‘Use of Facts Otherwise Available access to all privileged and business 5 See sections 771(5)(B) and (D) of the Act and Adverse Inference.’’ regarding financial contribution; section 771(5)(E) 7 See Preliminary Determination, 85 FR at 80025; proprietary information in our files, of the Act regarding benefit; and section 771(5A) of see also Issues and Decision Memorandum at provided the ITC confirms that it will the Act regarding specificity. ‘‘Calculation of the All-Others Rate.’’ not disclose such information, either
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publicly or under an administrative the scope of the investigation are (1) all DEPARTMENT OF COMMERCE protective order (APO), without the mechanical, boiler, condenser and heat written consent of the Assistant exchange tubing, except when such products International Trade Administration conform to the dimensional requirements, Secretary for Enforcement and [A–821–826] Compliance. i.e., outside diameter and wall thickness, of ASTM A53, ASTM A–106 or API 51 Notification Regarding APO Seamless Carbon and Alloy Steel specifications. Also excluded from the scope Standard, Line, and Pressure Pipe In the event that the ITC issues a final of the investigation are: (1) Oil country From the Russian Federation: Final negative injury determination, this tubular goods consisting of drill pipe, casing, Affirmative Determination of Sales at notice will serve as the only reminder tubing and coupling stock; (2) all pipes Less Than Fair Value to parties subject to the APO of their meeting the chemical requirements of ASTM responsibility concerning the A–335 regardless of their conformity to the AGENCY: Enforcement and Compliance, destruction of proprietary information dimensional requirements of ASTM A–53, International Trade Administration, disclosed under APO in accordance ASTM A–106 or API 5L; and (3) the Department of Commerce. with 19 CFR 351.305(a)(3). Timely exclusion for ASTM A335 applies to pipes SUMMARY: The Department of Commerce written notification of the return/ meeting the comparable specifications GOST (Commerce) determines that seamless destruction of APO materials or 550–75. carbon and alloy steel standard, line, conversion to judicial protective order is Subject seamless standard, line, and and pressure pipe (seamless pipe) from hereby requested. Failure to comply pressure pipe are normally entered under the Russian Federation (Russia) is being, with the regulations and terms of an Harmonized Tariff Schedule of the United or is likely to be, sold in the United APO is a violation which is subject to States (HTSUS) subheadings 7304.19.1020, States at less than fair value (LTFV) for sanction. 7304.19.1030, 7304.19.1045, 7304.19.1060, the period of investigation, July 1, 2019, 7304.19.5020, 7304.19.5050, 7304.31.6050, through June 30, 2020. Notification to Interested Parties 7304.39.0016, 7304.39.0020, 7304.39.0024, DATES: Applicable July 2, 2021. This determination is issued and 7304.39.0028, 7304.39.0032, 7304.39.0036, FOR FURTHER INFORMATION CONTACT: published pursuant to sections 705(d) 7304.39.0040, 7304.39.0044, 7304.39.0048, Mark Hoadley, AD/CVD Operations, and 777(i) of the Act and 19 CFR 7304.39.0052, 7304.39.0056, 7304.39.0062, Office VI, Enforcement and Compliance, 351.210(c). 7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 7304.59.6000, 7304.59.8010, International Trade Administration, Dated: June 25, 2021. 7304.59.8015, 7304.59.8020, 7304.59.8025, U.S. Department of Commerce, 1401 James Maeder, 7304.59.8030, 7304.59.8035, 7304.59.8040, Constitution Avenue NW, Washington, Deputy Assistant Secretary for Antidumping 7304.59.8045, 7304.59.8050, 7304.59.8055, DC 20230; telephone: (202) 482–3148. and Countervailing Duty Operations. 7304.59.8060, 7304.59.8065, and SUPPLEMENTARY INFORMATION: 7304.59.8070. The HTSUS subheadings and Appendix I—Scope of the Investigation Background specifications are provided for convenience The merchandise covered by the scope of and customs purposes; the written On February 10, 2021, Commerce this investigation is seamless carbon and description of the scope is dispositive. published the Preliminary alloy steel (other than stainless steel) pipes Determination of sales at LTFV of and redraw hollows, less than or equal to 16 Appendix II—List of Topics Discussed seamless pipe from Russia, in which we inches (406.4 mm) in nominal outside in the Final Decision Memorandum diameter, regardless of wall-thickness, also postponed the final determination manufacturing process (e.g., hot-finished or I. Summary to June 25, 2021.1 We invited interested cold-drawn), end finish (e.g., plain end, II. Background parties to comment on the Preliminary beveled end, upset end, threaded, or III. Scope Comments Determination. The mandatory threaded and coupled), or surface finish (e.g., IV. Scope of the Investigation respondent in this investigation is PAO bare, lacquered or coated). Redraw hollows V. Subsidies Valuation TMK and Volzhsky Pipe Plant Joint are any unfinished carbon or alloy steel VI. Use of Facts Otherwise Available and Stock Company (collectively, TMK). For (other than stainless steel) pipe or ‘‘hollow Adverse Inferences a complete description of the events that profiles’’ suitable for cold finishing operations, such as cold drawing, to meet the VII. Analysis of Programs followed the Preliminary Determination, American Society for Testing and Materials VIII. Analysis of Comments see the Issues and Decision (ASTM) or American Petroleum Institute Comment 1: Whether the Provision of Memorandum.2 The Issues and Decision (API) specifications referenced below, or Electricity for Less Than Adequate Memorandum is a public document and comparable specifications. Specifically Remuneration Is Countervailable is on file electronically via Enforcement included within the scope are seamless Comment 2: Whether the Korea and Compliance’s Antidumping and carbon and alloy steel (other than stainless Development Bank is an ‘‘Authority’’ Countervailing Duty Centralized steel) standard, line, and pressure pipes Comment 3: Whether Commerce Should Electronic Service System (ACCESS). produced to the ASTM A–53, ASTM A–106, Determine that the Korea Development ASTM A–333, ASTM A–334, ASTM A–589, Bank General Operating Financing Loans 1 ASTM A–795, ASTM A–1024, and the API See Seamless Carbon and Alloy Steel Standard, Are Specific on the Basis of Adverse Line, and Pressure Pipe from the Russian 51 specifications, or comparable Federation: Preliminary Affirmative Determination specifications, and meeting the physical Facts Available Comment 4: Whether Tax Benefits Under of Sales at Less Than Fair Value, Postponement of parameters described above, regardless of Final Determination, and Extension of Provisional application, with the exception of the Restriction of Special Taxation Act Measures, 86 FR 8891 (February 10, 2021) exclusions discussed below. Article 10(1)(3) Are De Facto Specific (Preliminary Determination), and accompanying Specifically excluded from the scope of the Comment 5: Whether Tax Benefits Under Preliminary Decision Memorandum (PDM). investigation are: (1) All pipes meeting Restriction of Special Taxation Act 2 See Memorandum, ‘‘Issues and Decision aerospace, hydraulic, and bearing tubing Article 26 Are Regionally Specific Memorandum for the Final Affirmative specifications, including pipe produced to Determination in the Less-Than-Fair-Value IX. Recommendation Investigation of Seamless Carbon and Alloy Steel the ASTM A–822 standard; (2) all pipes [FR Doc. 2021–14139 Filed 7–1–21; 8:45 am] Standard, Line, and Pressure Pipe from the Russian meeting the chemical requirements of ASTM Federation,’’ dated concurrently with, and hereby A–335, whether finished or unfinished; and BILLING CODE 3510–DS–P adopted by, this notice (Issues and Decision (3) unattached couplings. Also excluded from Memorandum).
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ACCESS is available to registered users weighted-average dumping margins then the cash deposit rate will be equal at https://access.trade.gov. In addition, a established for exporters and producers to the company-specific estimated complete version of the Issues and individually investigated, excluding any weighted-average dumping margin Decision Memorandum can be accessed zero or de minimis margins, and established for that producer of the directly at http://enforcement.trade.gov/ margins determined entirely under subject merchandise; and (3) the cash frn/. section 776 of the Act. deposit rate for all other producers and Commerce calculated an individual Scope of the Investigation exporters will be equal to the all-others estimated weighted-average dumping estimated weighted-average dumping The product covered by this margin for TMK, the only individually margin. These suspension of liquidation investigation is seamless pipe from examined exporter/producer in this instructions will remain in effect until Russia. For a complete description of investigation. Because the only further notice. the scope of this investigation, see individually calculated dumping margin Appendix I. is not zero, de minimis, or based International Trade Commission Notification Scope Comments entirely on facts otherwise available, the estimated weighted-average dumping In accordance with section 735(d) of We did not receive comments from margin calculated for TMK is the margin the Act, we will notify the International interested parties on the Preliminary assigned to all other producers and 3 Trade Commission (ITC) of the final Scope Decision Memorandum. As exporters, pursuant to section affirmative determination of sales at discussed in the Preliminary Scope 735(c)(5)(A) of the Act. Decision Memorandum, Commerce LTFV. Because Commerce’s final codified the scope language as it Final Determination determination is affirmative, in appeared in the Initiation Notice to The final estimated weighted-average accordance with section 735(b)(2) of the clarify certain exclusions. See the scope dumping margins are as follows: Act, the ITC will make its final in Appendix I to this notice. determinations as to whether the Estimated domestic industry in the United States Analysis of Comments Received weighted- is materially injured, or threatened with average material injury, by reason of imports, or All issues raised in the case and Exporter/producer dumping rebuttal briefs by parties in this margin sales (or the likelihood of sales) for investigation are discussed in the Issues (percent) importation of seamless pipe from and Decision Memorandum. A list of Russia no later than 45 days after our topics included in the Issues and PAO TMK and Volzhsky Pipe final determination. If the ITC Decision Memorandum is included as Plant Joint Stock Company determines that such injury does not Appendix II to this notice. (collectively, TMK) ...... 209.72 exist, these proceedings will be All Others ...... 209.72 terminated, and all cash deposits will be Verification refunded. If the ITC determines that Disclosure Commerce was unable to conduct on- such injury does exist, Commerce will site verification of the information Commerce intends to disclose to issue an antidumping duty order relied upon in making its final interested parties the calculations directing CBP to assess, upon further determination in this investigation. performed for this final determination instruction by Commerce, antidumping However, we took additional steps in within five days of any public duties on all imports of the subject lieu of an on-site verification to verify announcement or, if there is no public merchandise entered, or withdrawn the information relied upon in making announcement, within five days of the from warehouse, for consumption on or this final determination, in accordance date of publication of this notice, in after the effective date of the suspension with section 782(i) of the Tariff Act of accordance with 19 CFR 351.224(b). of liquidation, as discussed above in the 1930, as amended (the Act).4 Continuation of Suspension of ‘‘Continuation of Suspension of Changes Since the Preliminary Liquidation Liquidation’’ section. Determination In accordance with section Notification Regarding Administrative Based on our analysis of the 735(c)(1)(B) of the Act, we will direct Protective Orders comments received, we have made no U.S. Customs and Border Protection changes to the margin calculations for (CBP) to continue to suspend This notice serves as a final reminder TMK. For a complete discussion, see the liquidation of all entries of seamless to parties subject to an administrative Issues and Decision Memorandum. pipe from Russia, as described in protective order (APO) of their Appendix I of this notice, which were responsibility concerning the All-Others Rate entered, or withdrawn from warehouse, disposition of proprietary information Section 735(c)(5)(A) of the Act for consumption on or after February 10, disclosed under APO in accordance provides that the estimated all-others 2021, the date of publication of the with 19 CFR 351.305(a)(3). Timely rate shall be an amount equal to the affirmative Preliminary Determination written notification of the return or weighted average of the estimated in the Federal Register. destruction of APO materials, or Pursuant to section 735(c)(1)(B)(ii) of conversion to judicial protective order, 3 See Memorandum, ‘‘Seamless Carbon and Alloy the Act and 19 CFR 351.210(d), we will is hereby requested. Failure to comply Steel Standard, Line, and Pressure Pipe from the instruct CBP to require a cash deposit as with the regulations and the terms of an Czech Republic, the Republic of Korea, the Russian APO is a sanctionable violation. Federation, and Ukraine: Preliminary Scope follows: (1) The cash deposit rate for the Decision Memorandum,’’ dated January 13, 2021 respondents listed above will be equal Notification to Interested Parties (Preliminary Scope Decision Memorandum). to the company-specific estimated 4 See TMK’s Letter, ‘‘Seamless Carbon and Alloy weighted-average dumping margin This determination is issued and Steel Standard, Line, and Pressure Pipe (‘‘SSLP determined in this final determination; Pipe’’) from Russia: Refiling Public Version of published in accordance with sections TMK’s In-Lieu of Verification Questionnaire (2) if the exporter is not a company 735(d) and 777(i)(1) of the Act and 19 Response,’’ dated May 14, 2021. identified above, but the producer is, CFR 351.210(c).
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Dated: June 25, 2021. 7304.59.8060, 7304.59.8065, and program, administered by the National James Maeder, 7304.59.8070. The HTSUS subheadings and Travel and Tourism Office (NTTO) of Deputy Assistant Secretary for Antidumping specifications are provided for convenience the International Trade Administration and Countervailing Duty Operations. and customs purposes; the written provides source data required to: (1) description of the scope is dispositive. Estimate international travel and Appendix I—Scope of the Investigation Appendix II—List of Topics Discussed passenger fare exports, imports, and the The merchandise covered by the scope of in the Issues and Decision trade balance for the United States, (2) this investigation is seamless carbon and Memorandum comply with the U.S. Travel Promotion alloy steel (other than stainless steel) pipes Act of 2009 (Pub. L. 111–145), collect, I. Summary and redraw hollows, less than or equal to 16 analyze, and report information to the inches (406.4 mm) in nominal outside II. Background diameter, regardless of wall-thickness, III. Period of Investigation Corporation for Travel Promotion (CTP), manufacturing process (e.g., hot-finished or IV. Changes Since the Preliminary and support U.S. exports, (3) comply cold-drawn), end finish (e.g., plain end, Determination with the 1945, 1961, 1981, and 1996 beveled end, upset end, threaded, or V. Discussion of the Issues travel and tourism related acts to collect threaded and coupled), or surface finish (e.g., Comment 1: Rejection of Minor Corrections and publish comprehensive bare, lacquered or coated). Redraw hollows Regarding Product Coding international travel and tourism are any unfinished carbon or alloy steel Comment 2: Whether Application of statistics and other marketing (other than stainless steel) pipe or ‘‘hollow Adverse Facts Available (AFA) for information, and (4) support the profiles’’ suitable for cold finishing Unreported Downstream Sales Was continuation of the Travel & Tourism operations, such as cold drawing, to meet the Warranted American Society for Testing and Materials Comment 3: AFA Selection Methodology Satellite Accounts for the United States, (ASTM) or American Petroleum Institute VI. Recommendation which provide the only spending and (API) specifications referenced below, or employment figures for the industry. [FR Doc. 2021–14140 Filed 7–1–21; 8:45 am] comparable specifications. Specifically The SIAT program contains the core included within the scope are seamless BILLING CODE 3510–DS–P data that is analyzed and communicated carbon and alloy steel (other than stainless by NTTO with other government steel) standard, line, and pressure pipes DEPARTMENT OF COMMERCE agencies, associations and businesses produced to the ASTM A–53, ASTM A–106, that share the same objective of ASTM A–333, ASTM A–334, ASTM A–589, ASTM A–795, ASTM A–1024, and the API International Trade Administration increasing U.S. international travel 51 specifications, or comparable exports. The SIAT assists NTTO in specifications, and meeting the physical Agency Information Collection assessing the economic impact of parameters described above, regardless of Activities; Submission to the Office of international travel on state and local application, with the exception of the Management and Budget (OMB) for economies, providing visitation exclusions discussed below. Review and Approval; Comment estimates, key market intelligence, and Specifically excluded from the scope of the Request; Collection Title: Survey of identifying traveler and trip investigation are: (1) All pipes meeting International Air Travelers (SIAT) characteristics. The U.S. Department of aerospace, hydraulic, and bearing tubing Commerce assists travel industry specifications, including pipe produced to The Department of Commerce will enterprises to increase international the ASTM A–822 standard; (2) all pipes submit the following information meeting the chemical requirements of ASTM travel and passenger fare exports for the A–335, whether finished or unfinished; and collection request to the Office of country as well as outbound travel on (3) unattached couplings. Also excluded from Management and Budget (OMB) for U.S. carriers. The Survey program the scope of the investigation are (1) all review and clearance in accordance provides the only available estimates of mechanical, boiler, condenser and heat with the Paperwork Reduction Act of nonresident visitation to the states and exchange tubing, except when such products 1995, on or after the date of publication cities within the United States, as well conform to the dimensional requirements, of this notice. We invite the general as U.S. resident travel abroad. The SIAT i.e., outside diameter and wall thickness, of public and other Federal agencies to also assists NTTO in producing in-depth ASTM A53, ASTM A–106 or API 51 comment on proposed, and continuing specifications. Also excluded from the scope statistical reports, fact sheets and of the investigation are: (1) Oil country information collections, which helps us briefings on economic factors and policy tubular goods consisting of drill pipe, casing, assess the impact of our information issues affecting U.S. industries. With the tubing and coupling stock; (2) all pipes collection requirements and minimize SIAT statistical data not replicable by meeting the chemical requirements of ASTM the public’s reporting burden. Public private sector trade associations or by A–335 regardless of their conformity to the comments were previously requested private firms, Federal agencies, dimensional requirements of ASTM A–53, via the Federal Register on March 18, Congress and international ASTM A–106 or API 5L; and (3) the 2021 during a 60-day comment period. organizations rely on these statistic- exclusion for ASTM A335 applies to pipes This notice allows for an additional 30 based tools, as do American businesses, meeting the comparable specifications GOST days for public comments. 550–75. state and local governments, and news Subject seamless standard, line, and Agency: International Trade organizations. pressure pipe are normally entered under Administration, Department of Affected Public: Individuals or Harmonized Tariff Schedule of the United Commerce. households; International air travelers States (HTSUS) subheadings 7304.19.1020, Title: Survey of International Air departing the United States, 18 years or 7304.19.1030, 7304.19.1045, 7304.19.1060, Travelers (SIAT). older which includes U.S. and non-U.S. 7304.19.5020, 7304.19.5050, 7304.31.6050, OMB Control Number: 0625–0227. residents from all countries. 7304.39.0016, 7304.39.0020, 7304.39.0024, Form Number(s): None. Frequency: Monthly. 7304.39.0028, 7304.39.0032, 7304.39.0036, Type of Request: Regular submission. Respondent’s Obligation: Voluntary. 7304.39.0040, 7304.39.0044, 7304.39.0048, Number of Respondents: 300,000. Legal Authority: U.S. Travel 7304.39.0052, 7304.39.0056, 7304.39.0062, 7304.39.0068, 7304.39.0072, 7304.51.5005, Average Hours per Response: 15 Promotion Act of 2009 (Pub. L. 111– 7304.51.5060, 7304.59.6000, 7304.59.8010, minutes. 145). 7304.59.8015, 7304.59.8020, 7304.59.8025, Burden Hours: 75,000. This information collection request 7304.59.8030, 7304.59.8035, 7304.59.8040, Needs and Uses: The Survey of may be viewed at www.reginfo.gov. 7304.59.8045, 7304.59.8050, 7304.59.8055, International Air Travelers (SIAT) Follow the instructions to view the
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Department of Commerce collections interested parties to comment on the determination in this investigation. currently under review by OMB. Preliminary Determination. The However, we took additional steps in Written comments and mandatory respondent in this lieu of an on-site verification to verify recommendations for the proposed investigation is Interpipe, the collapsed the information relied upon in making information collection should be entity which includes Interpipe Ukraine this final determination, in accordance submitted within 30 days of the LLC (Interpipe Ukraine), PJSC Interpipe with section 782(i) of the Tariff Act of publication of this notice on the Niznedneprovksy Tube Rolling Plant 1930, as amended (the Act).4 following website www.reginfo.gov/ (NTRP), and LLC Interpipe Niko Tube public/do/PRAMain. Find this (Niko Tube). For a complete description Changes Since the Preliminary information collection by selecting of the events that followed the Determination Preliminary Determination, see the ‘‘Currently under 30-day Review—Open Based on our review and analysis of for Public Comments’’ or by using the Issues and Decision Memorandum.2 The the comments received from parties and search function and entering either the Issues and Decision Memorandum is a our findings related to our request for title of the collection or the OMB public document and is on file information in lieu of verification, we Control Number 0625–0227. electronically via Enforcement and Compliance’s Antidumping and made certain changes to our Sheleen Dumas, Countervailing Duty Centralized calculations of the dumping margin for Department PRA Clearance Officer, Office of Electronic Service System (ACCESS). the sole respondent, Interpipe. For a the Chief Information Officer, Commerce ACCESS is available to registered users complete discussion of these changes, Department. at https://access.trade.gov. In addition, a see the Issues and Decision [FR Doc. 2021–14157 Filed 7–1–21; 8:45 am] complete version of the Issues and Memorandum and Final Analysis 5 BILLING CODE 3510–DR–P Decision Memorandum can be accessed Memorandum. directly at http://enforcement.trade.gov/ All-Others Rate frn. DEPARTMENT OF COMMERCE Section 735(c)(5)(A) of the Act Scope of the Investigation International Trade Administration provides that the estimated weighted- The products covered by this average dumping margin for all other [A–823–819] investigation are seamless pipe from producers and exporters not Ukraine. For a complete description of individually investigated shall be equal Seamless Carbon and Alloy Steel the scope of this investigation, see to the weighted average of the estimated Standard, Line, and Pressure Pipe Appendix I. weighted-average dumping margins From Ukraine: Final Affirmative established for exporters and producers Determination of Sales at Less Than Scope Comments individually investigated excluding Fair Value We did not receive comments from rates that are zero, de minimis, or interested parties on the Preliminary AGENCY: Enforcement and Compliance, Scope Decision Memorandum.3 As determined entirely under section 776 International Trade Administration, discussed in the Preliminary Scope of the Act. Pursuant to section Department of Commerce. Decision Memorandum, Commerce 735(c)(5)(B) of the Act, if the estimated SUMMARY: The Department of Commerce codified the scope language as it weighted-average dumping margins (Commerce) determines that imports of appeared in the Initiation Notice to established for all exporters and seamless carbon and alloy steel clarify certain exclusions. See the scope producers individually examined are standard, line, and pressure pipe in Appendix I to this notice. zero, de minimis or determined based (seamless pipe) from Ukraine are being, entirely on facts otherwise available, or are likely to be, sold in the United Analysis of Comments Received Commerce may use any reasonable States at less than fair value (LTFV) for All issues raised in the case and method to establish the estimated the period of investigation, July 1, 2019, rebuttal briefs that were submitted by weighted-average dumping margin for through June 30, 2020. parties in this investigation are all other producers or exporters. DATES: Applicable July 2, 2021. addressed in the Issues and Decision Because the only individually FOR FURTHER INFORMATION CONTACT: Lilit Memorandum. A list of the sections of calculated dumping margin is not zero, Astvatsatrian, AD/CVD Operations, the Issues and Decision Memorandum de minimis, or based entirely on facts Office IV, Enforcement and Compliance, are in Appendix II of this notice. otherwise available, we assigned the International Trade Administration, Verification estimated weighted-average dumping U.S. Department of Commerce, 1401 margin calculated for Interpipe to all Commerce was unable to conduct on- Constitution Avenue NW, Washington, other producers and exporters of subject site verification of the information DC 20230; telephone: (202) 482–6412. merchandise, pursuant to section relied upon in making its final SUPPLEMENTARY INFORMATION: 735(c)(5)(A) of the Act. Background and accompanying Preliminary Decision Final Determination Memorandum. On February 10, 2021, Commerce 2 See Memorandum, ‘‘Issues and Decision The final estimated weighted-average published in the Federal Register its Memorandum for the Final Affirmative dumping margins are as follows: preliminary affirmative determination Determination in the Less Than Fair Value Investigation of Seamless Carbon and Alloy Steel in the LTFV investigation of seamless Standard, Line, and Pressure Pipe from Ukraine,’’ 4 See Commerce’s Letter, Questionnaire In Lieu of 1 pipe from Ukraine. Commerce invited dated concurrently with, and hereby adopted by, an On-Site Verification, dated March 10, 2021; and this notice (Issues and Decision Memorandum). Interpipe’s Letter, ‘‘Antidumping Duty Investigation 1 See Seamless Carbon and Alloy Steel Standard, 3 See Memorandum, ‘‘Seamless Carbon and Alloy on Seamless Carbon and Alloy Steel Standard, Line, Line, and Pressure Pipe from Ukraine: Preliminary Steel Standard, Line, and Pressure Pipe from the and Pressure Pipe from Ukraine: Resubmitting Affirmative Determination of Sales at Less Than Czech Republic, the Republic of Korea, the Russian Questionnaire in Lieu of Verification Response,’’ Fair Value, Postponement of Final Determination, Federation, and Ukraine: Preliminary Scope dated April 8, 2021. and Extension of Provisional Measures, 86 FR 8889 Decision Memorandum,’’ dated January 13, 2021 5 See Memorandum, ‘‘Interpipe Final (February 10, 2021) (Preliminary Determination), (Preliminary Scope Decision Memorandum). Determination Analysis,’’ dated June 25, 2021.
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Estimated Act, the ITC will make its final comparable specifications. Specifically included within the scope are seamless Exporter/producer dumping determination as to whether the margin domestic industry in the United States carbon and alloy steel (other than stainless (percent) steel) standard, line, and pressure pipes is materially injured, or threatened with produced to the ASTM A–53, ASTM A–106, Interpipe Ukraine LLC/PJSC material injury, by reason of imports or ASTM A–333, ASTM A–334, ASTM A–589, Interpipe Niznedneprovksy sales (or the likelihood of sales) of ASTM A–795, ASTM A–1024, and the API Tube Rolling Plant/LLC seamless pipe no later than 45 days after 51 specifications, or comparable Interpipe Niko Tube ...... 23.75 this final determination. If the ITC specifications, and meeting the physical All Others ...... 23.75 determines that such injury does not parameters described above, regardless of exist, this proceeding will be application, with the exception of the Disclosure terminated, all cash deposits posted will exclusions discussed below. Specifically excluded from the scope of the In accordance with 19 CFR be refunded, and suspension of investigation are: (1) All pipes meeting 351.224(b), within five days after the liquidation will be lifted. If the ITC aerospace, hydraulic, and bearing tubing date of any public announcement of the determines that such injury does exist, specifications, including pipe produced to final determination or, if there is no Commerce will issue an antidumping the ASTM A–822 standard; (2) all pipes duty order directing CBP to assess, upon meeting the chemical requirements of ASTM public announcement, within five days A–335, whether finished or unfinished; and after the date of publication of this further instruction by Commerce, antidumping duties on all imports of the (3) unattached couplings. Also excluded from notice in the Federal Register, we the scope of the investigation are (1) all intend to disclose to parties to this subject merchandise entered, or mechanical, boiler, condenser and heat proceeding the calculations performed withdrawn from warehouse, for exchange tubing, except when such products in this final determination. consumption on or after the effective conform to the dimensional requirements, date of the suspension of liquidation, as i.e., outside diameter and wall thickness, of Continuation of Suspension of discussed above in the ‘‘Continuation of ASTM A53, ASTM A–106 or API 51 Liquidation Suspension of Liquidation’’ section. specifications. Also excluded from the scope of the investigation are: (1) Oil country In accordance with section Notification Regarding Administrative tubular goods consisting of drill pipe, casing, 735(c)(1)(B) of the Act, Commerce will Protective Orders tubing and coupling stock; (2) all pipes instruct U.S. Customs and Border meeting the chemical requirements of ASTM This notice will serve as a final Protection (CBP) to continue to suspend A–335 regardless of their conformity to the reminder to the parties subject to liquidation of all appropriate entries of dimensional requirements of ASTM A–53, administrative protective order (APO) of seamless pipe from Ukraine, as ASTM A–106 or API 5L; and (3) the their responsibility concerning the exclusion for ASTM A335 applies to pipes described in Appendix I of this notice, disposition of proprietary information meeting the comparable specifications GOST which were entered, or withdrawn from disclosed under APO in accordance 550–75. warehouse, for consumption on or after with 19 CFR 351.305(a)(3). Timely Subject seamless standard, line, and February 10, 2021, the date of written notification of return or pressure pipe are normally entered under publication in the Federal Register of Harmonized Tariff Schedule of the United destruction of APO materials or the affirmative Preliminary States (HTSUS) subheadings 7304.19.1020, conversion to judicial protective order is Determination. 7304.19.1030, 7304.19.1045, 7304.19.1060, hereby requested. Failure to comply Pursuant to section 735(c)(1)(B)(ii) of 7304.19.5020, 7304.19.5050, 7304.31.6050, with the regulations and the terms of an 7304.39.0016, 7304.39.0020, 7304.39.0024, the Act and 19 CFR 351.210(d), we will APO is a sanctionable violation. 7304.39.0028, 7304.39.0032, 7304.39.0036, instruct CBP to require a cash deposit 7304.39.0040, 7304.39.0044, 7304.39.0048, for such entries of merchandise equal to Notification to Interested Parties 7304.39.0052, 7304.39.0056, 7304.39.0062, the following: (1) The cash deposit rate This determination and this notice are 7304.39.0068, 7304.39.0072, 7304.51.5005, for the respondent listed in the table 7304.51.5060, 7304.59.6000, 7304.59.8010, issued and published pursuant to 7304.59.8015, 7304.59.8020, 7304.59.8025, above will be equal to the respondent- sections 735(d) and 777(i)(1) of the Act specific estimated dumping margin 7304.59.8030, 7304.59.8035, 7304.59.8040, and 19 CFR 351.210(c). 7304.59.8045, 7304.59.8050, 7304.59.8055, listed for the respondent in the table; (2) Dated: June 25, 2021. 7304.59.8060, 7304.59.8065, and if the exporter is not identified in the 7304.59.8070. The HTSUS subheadings and James Maeder, table above but the producer is, then the specifications are provided for convenience cash deposit rate will be equal to the Deputy Assistant Secretary for Antidumping and customs purposes; the written respondent-specific estimated dumping and Countervailing Duty Operations. description of the scope is dispositive. margin established for that producer of Appendix I—Scope of the Investigation Appendix II—List of Sections in the the subject merchandise; and (3) the Issues and Decision Memorandum cash deposit rate for all other producers The merchandise covered by the scope of and exporters will be equal to the all- this investigation is seamless carbon and I. Summary alloy steel (other than stainless steel) pipes others estimated dumping margin listed II. Background and redraw hollows, less than or equal to 16 III. Period of Investigation in the table above. These suspension-of- inches (406.4 mm) in nominal outside IV. Changes Since the Preliminary liquidation instructions will remain in diameter, regardless of wall-thickness, Determination effect until further notice. manufacturing process (e.g., hot finished or V. Discussion of the Issues cold-drawn), end finish (e.g., plain end, International Trade Commission Comment 1: Whether to Accept a Minor beveled end, upset end, threaded, or Correction Notification threaded and coupled), or surface finish (e.g., Comment 2: Whether to Grant a In accordance with section 735(d) of bare, lacquered or coated). Redraw hollows Constructed Export Price Offset the Act, we will notify the International are any unfinished carbon or alloy steel Comment 3: Whether to Deduct Section Trade Commission (ITC) of this final (other than stainless steel) pipe or ‘‘hollow 232 Duties from U.S. Prices profiles’’ suitable for cold finishing Comment 4: Whether to Offset G&A affirmative determination of sales at operations, such as cold drawing, to meet the Expenses By Certain Other Net Sales LTFV. Because Commerce’s final American Society for Testing and Materials Revenue determination is affirmative, in (ASTM) or American Petroleum Institute Comment 5: Whether to Adjust Niko Tube accordance with section 735(b)(2) of the (API) specifications referenced below, or and NTRP’s Depreciation Expenses
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VI. Recommendation Determination and the Post-Preliminary relied upon in making its final [FR Doc. 2021–14137 Filed 7–1–21; 8:45 am] Determination. The mandatory determination in this investigation. BILLING CODE 3510–DS–P respondent in this investigation is ILJIN However, we took additional steps in Steel Corporation (ILJIN). For a lieu of an on-site verification to verify complete description of the events that the information relied upon in making DEPARTMENT OF COMMERCE followed the Preliminary Determination, this final determination, in accordance see the Issues and Decision with section 782(i) of the Tariff Act of International Trade Administration 3 Memorandum. The Issues and Decision 1930, as amended (the Act).5 [A–580–909] Memorandum is a public document and is on file electronically via Enforcement Changes Since the Preliminary Seamless Carbon and Alloy Steel and Compliance’s Antidumping and Determination Standard, Line, and Pressure Pipe Countervailing Duty Centralized From the Republic of Korea: Final Electronic Service System (ACCESS). Based on our analysis of the Affirmative Determination of Sales at ACCESS is available to registered users comments received, we made certain Less Than Fair Value at https://access.trade.gov. In addition, a changes to the margin calculations for complete version of the Issues and ILJIN. We have also revised the all- AGENCY: Enforcement and Compliance, Decision Memorandum can be accessed others rate. For a complete discussion of International Trade Administration, directly at http://enforcement.trade.gov/ these changes, see the Issues and Department of Commerce. frn/. Decision Memorandum. SUMMARY: The Department of Commerce (Commerce) determines that seamless Scope of the Investigation All-Others Rate carbon and alloy steel standard, line, The product covered by this and pressure pipe (seamless pipe) from Section 735(c)(5)(A) of the Act investigation is seamless pipe from provides that the estimated all-others the Republic of Korea (Korea) is being, Korea. For a complete description of the or is likely to be, sold in the United rate shall be an amount equal to the scope of this investigation, see weighted average of the estimated States at less than fair value (LTFV). The Appendix I. period of investigation is July 1, 2019, weighted-average dumping margins through June 30, 2020. Scope Comments established for exporters and producers DATES: Applicable July 2, 2021. We did not receive comments from individually investigated, excluding any FOR FURTHER INFORMATION CONTACT: interested parties on the Preliminary zero or de minimis margins, and Joshua DeMoss, AD/CVD Operations, Scope Decision Memorandum.4 As margins determined entirely under Office VI, Enforcement and Compliance, discussed in the Preliminary Scope section 776 of the Act. International Trade Administration, Decision Memorandum, Commerce Commerce calculated an individual U.S. Department of Commerce, 1401 modified the scope language as it estimated weighted-average dumping Constitution Avenue NW, Washington, appeared in the Initiation Notice to margin for ILJIN, the only individually DC 20230; telephone: (202) 482–3362. clarify certain exclusions. See the scope examined exporter/producer in this SUPPLEMENTARY INFORMATION: in Appendix I to this notice. investigation. Because the only Background Analysis of Comments Received individually calculated dumping margin is not zero, de minimis, or based On February 10, 2021, Commerce All issues raised in the case and entirely on facts otherwise available, the published the Preliminary rebuttal briefs by parties in this estimated weighted-average dumping Determination of sales at LTFV of investigation are discussed in the Issues margin calculated for ILJIN is the seamless pipe from Korea, in which we and Decision Memorandum. A list of margin assigned to all other producers also postponed the final determination topics included in the Issues and and exporters, pursuant to section to June 25, 2021.1 On March 25, 2021, Decision Memorandum is included as Commerce published its Post- Appendix II to this notice. 735(c)(5)(A) of the Act. Preliminary Determination with respect Final Determination to the particular market situation Verification analysis.2 We invited interested parties Commerce was unable to conduct on- The final estimated weighted-average to comment on the Preliminary site verification of the information dumping margins are as follows:
Estimated Cash deposit rate weighted-average (adjusted for Exporter/producer dumping margin subsidy offset) (percent) (percent) 6
ILJIN Steel Corporation ...... 4.48 4.44 All Others ...... 4.48 4.44
1 See Seamless Carbon and Alloy Steel Standard, Particular Market Situation Allegations,’’ dated Czech Republic, the Republic of Korea, the Russian Line, and Pressure Pipe from the Republic of Korea: March 25, 2021 (Post-Preliminary Determination). Federation, and Ukraine: Preliminary Scope Preliminary Affirmative Determination of Sales at 3 See Memorandum, ‘‘Issues and Decision Decision Memorandum,’’ dated January 13, 2021 Less Than Fair Value, Postponement of Final Memorandum for the Final Affirmative (Preliminary Scope Decision Memorandum). Determination in the Less-Than-Fair-Value Determination, and Extension of Provisional 5 See Commerce’s Letter, Questionnaire In-Lieu- Investigation of Seamless Carbon and Alloy Steel Measures, 86 FR 8887 (February 10, 2021) Standard, Line, and Pressure Pipe from the of-Onsite-Verification, dated April 9, 2021; see also (Preliminary Determination), and accompanying Republic of Korea,’’ dated concurrently with, and ILJIN’s Letter, ‘‘Seamless Carbon and Alloy Steel Preliminary Decision Memorandum (PDM). hereby adopted by, this notice (Issues and Decision Standard, Line, and Pressure Pipe from the 2 See Memorandum, ‘‘Seamless Carbon and Alloy Memorandum). Republic of Korea: In Lieu of On-Site Verification Steel Standard, Line, and Pressure Pipe from the 4 See Memorandum, ‘‘Seamless Carbon and Alloy Questionnaire Response,’’ dated April 19, 2021. Republic of Korea: Post-Preliminary Analysis of Steel Standard, Line, and Pressure Pipe from the
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Disclosure provisional measures in the companion Dated: June 25, 2021. Commerce intends to disclose to CVD case has been discontinued; James Maeder, interested parties the calculations therefore, we are not instructing CBP to Deputy Assistant Secretary for Antidumping performed for this final determination collect cash deposits based upon the and Countervailing Duty Operations. within five days of any public estimated weighted-average dumping Appendix I—Scope of the Investigation announcement or, if there is no public margin adjusted for export subsidies at announcement, within five days of the this time. The merchandise covered by the scope of this investigation is seamless carbon and date of publication of this notice, in alloy steel (other than stainless steel) pipes accordance with 19 CFR 351.224(b). International Trade Commission Notification and redraw hollows, less than or equal to 16 Continuation of Suspension of inches (406.4 mm) in nominal outside In accordance with section 735(d) of diameter, regardless of wall-thickness, Liquidation manufacturing process (e.g., hot-finished or In accordance with section the Act, we will notify the International cold-drawn), end finish (e.g., plain end, 735(c)(1)(B) of the Act, we will direct Trade Commission (ITC) of the final beveled end, upset end, threaded, or U.S. Customs and Border Protection affirmative determination of sales at threaded and coupled), or surface finish (e.g., (CBP) to continue to suspend LTFV. Because Commerce’s final bare, lacquered or coated). Redraw hollows liquidation of all entries of seamless determination is affirmative, in are any unfinished carbon or alloy steel accordance with section 735(b)(2) of the (other than stainless steel) pipe or ‘‘hollow pipe from Korea, as described in profiles’’ suitable for cold finishing Appendix I of this notice, which were Act, the ITC will make its final operations, such as cold drawing, to meet the entered, or withdrawn from warehouse, determinations as to whether the American Society for Testing and Materials for consumption on or after February 10, domestic industry in the United States (ASTM) or American Petroleum Institute 2021, the date of publication of the is materially injured, or threatened with (API) specifications referenced below, or affirmative Preliminary Determination material injury, by reason of imports, or comparable specifications. Specifically in the Federal Register. sales (or the likelihood of sales) for included within the scope are seamless carbon and alloy steel (other than stainless Pursuant to section 735(c)(1)(B)(ii) of importation of seamless pipe from Korea the Act and 19 CFR 351.210(d), we will steel) standard, line, and pressure pipes no later than 45 days after our final produced to the ASTM A–53, ASTM A–106, instruct CBP to require a cash deposit determination. If the ITC determines ASTM A–333, ASTM A–334, ASTM A–589, for such entries of merchandise equal to that such injury does not exist, these ASTM A–795, ASTM A–1024, and the API the following: (1) The cash deposit rate proceedings will be terminated, and all 51 specifications, or comparable for the respondent listed in the table cash deposits will be refunded. If the specifications, and meeting the physical above will be equal to the respondent- parameters described above, regardless of ITC determines that such injury does application, with the exception of the specific estimated dumping margin exist, Commerce will issue an listed for the respondent in the table; (2) exclusions discussed below. antidumping duty order directing CBP if the exporter is not identified in the Specifically excluded from the scope of the to assess, upon further instruction by investigation are: (1) All pipes meeting table above but the producer is, then the aerospace, hydraulic, and bearing tubing cash deposit rate will be equal to the Commerce, antidumping duties on all imports of the subject merchandise specifications, including pipe produced to respondent-specific estimated dumping the ASTM A–822 standard; (2) all pipes margin established for that producer of entered, or withdrawn from warehouse, meeting the chemical requirements of ASTM the subject merchandise; and (3) the for consumption on or after the effective A–335, whether finished or unfinished; and cash deposit rate for all other producers date of the suspension of liquidation, as (3) unattached couplings. Also excluded from and exporters will be equal to the all- discussed above in the ‘‘Continuation of the scope of the investigation are (1) all others estimated dumping margin listed Suspension of Liquidation’’ section. mechanical, boiler, condenser and heat exchange tubing, except when such products in the table above. These suspension-of- Notification Regarding Administrative conform to the dimensional requirements, liquidation instructions will remain in Protective Orders i.e., outside diameter and wall thickness, of effect until further notice. ASTM A53, ASTM A–106 or API 51 To determine the cash deposit rate, This notice serves as a final reminder specifications. Also excluded from the scope Commerce normally adjusts the to parties subject to an administrative of the investigation are: (1) Oil country estimated weighted-average dumping protective order (APO) of their tubular goods consisting of drill pipe, casing, margin by the amount of export tubing and coupling stock; (2) all pipes responsibility concerning the meeting the chemical requirements of ASTM subsidies determined in a companion disposition of proprietary information CVD proceeding when CVD provisional A–335 regardless of their conformity to the disclosed under APO in accordance dimensional requirements of ASTM A–53, measures are in effect. Accordingly, with 19 CFR 351.305(a)(3). Timely ASTM A–106 or API 5L; and (3) the where Commerce makes an affirmative written notification of the return or exclusion for ASTM A335 applies to pipes determination for export subsidies, destruction of APO materials, or meeting the comparable specifications GOST Commerce offsets the calculated 550–75. estimated weighted-average dumping conversion to judicial protective order, Subject seamless standard, line, and margin by the appropriate rate(s). In this is hereby requested. Failure to comply pressure pipe are normally entered under case, we have found export subsidies for with the regulations and the terms of an Harmonized Tariff Schedule of the United certain respondents. However, APO is a sanctionable violation. States (HTSUS) subheadings 7304.19.1020, 7304.19.1030, 7304.19.1045, 7304.19.1060, suspension of liquidation for Notification to Interested Parties 7304.19.5020, 7304.19.5050, 7304.31.6050, 7304.39.0016, 7304.39.0020, 7304.39.0024, 6 In the companion countervailing duty (CVD) This determination is issued and 7304.39.0028, 7304.39.0032, 7304.39.0036, investigation, Commerce calculated a 0.04 percent published in accordance with sections 7304.39.0040, 7304.39.0044, 7304.39.0048, export subsidy rate for ILJIN Steel Corporation. See 7304.39.0052, 7304.39.0056, 7304.39.0062, unpublished Federal Register notice titled 735(d) and 777(i)(1) of the Act and 19 7304.39.0068, 7304.39.0072, 7304.51.5005, ‘‘Seamless Carbon and Alloy Steel Standard, Line, CFR 351.210(c). and Pressure Pipe from the Republic of Korea: Final 7304.51.5060, 7304.59.6000, 7304.59.8010, Affirmative Countervailing Duty Determination,’’ 7304.59.8015, 7304.59.8020, 7304.59.8025, dated concurrently with this notice, and 7304.59.8030, 7304.59.8035, 7304.59.8040, accompanying Issues and Decision Memorandum. 7304.59.8045, 7304.59.8050, 7304.59.8055,
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7304.59.8060, 7304.59.8065, and is published pursuant to 41 U.S.C. 8503 employing persons who are blind or 7304.59.8070. The HTSUS subheadings and (a)(2) and 41 CFR 51–2.3. have other severe disabilities. specifications are provided for convenience After consideration of the relevant DATES: Comments must be received on and customs purposes; the written matter presented, the Committee has description of the scope is dispositive. or before: July 29, 2021. determined that the product(s) and Appendix II—List of Topics Discussed service(s) listed below are no longer ADDRESSES: Committee for Purchase in the Issues and Decision suitable for procurement by the Federal From People Who Are Blind or Severely Memorandum Government under 41 U.S.C. 8501–8506 Disabled, 1401 S Clark Street, Suite 715, I. Summary and 41 CFR 51–2.4. Arlington, Virginia 22202–4149. II. Background Regulatory Flexibility Act Certification FOR FURTHER INFORMATION CONTACT: For III. Period of Investigation I certify that the following action will further information or to submit IV. Adjustment for Countervailable Export comments contact: Michael R. Subsidies not have a significant impact on a V. Changes Since the Preliminary substantial number of small entities. Jurkowski, Telephone: (703) 785–6404, Determination The major factors considered for this or email [email protected]. VI. Discussion of the Issues certification were: SUPPLEMENTARY INFORMATION: This Comment 1: Whether Commerce Should 1. The action will not result in Continue to Adjust U.S. Commission notice is published pursuant to 41 additional reporting, recordkeeping or U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its Expenses other compliance requirements for small Comment 2: Whether Commerce Should purpose is to provide interested persons Revise the Methodology for Warranty entities. an opportunity to submit comments on Expenses in the U.S. Price Calculations 2. The action may result in the proposed actions. Comment 3: Whether Commerce’s authorizing small entities to furnish the Adjustment to ILJIN’s Costs of Defective product(s) and service(s) to the Deletions Merchandise is Warranted Government. Comment 4: Whether Commerce Should 3. There are no known regulatory The following product(s) and Continue to Adjust ILJIN’s G&A alternatives which would accomplish service(s) are proposed for deletion from Expenses the objectives of the Javits-Wagner- the Procurement List: VII. Recommendation O’Day Act (41 U.S.C. 8501–8506) in Product(s) [FR Doc. 2021–14138 Filed 7–1–21; 8:45 am] connection with the product(s) and NSN(s)—Product Name(s): BILLING CODE 3510–DS–P service(s) deleted from the Procurement 8520–01–522–0833—Refill, Body and Hair List. Shampoo, Scented, 1000 mL End of Certification 8520–01–522–0836—Refill, Body and Hair COMMITTEE FOR PURCHASE FROM Shampoo, Scented, 800 mL PEOPLE WHO ARE BLIND OR Accordingly, the following product(s) 8520–01–522–0832—Refill, Body and Hair SEVERELY DISABLED are deleted from the Procurement List: Shampoo, Scented, 2000 mL Product(s) 8520–01–522–3885—Refill, Sanitizer, Procurement List; Additions and Hand, w/Aloe, 800 mL NSN(s)—Product Name(s): Deletions 8520–01–640–9622—Refill, Instant Hand 2640–00–052–6724—Repair Kit, Puncture Contracting Activity: DLA LAND AND Sanitizer, Foam, Skin Nourishing, AGENCY: Committee for Purchase From Advanced Green Certified, 1200 ml People Who Are Blind or Severely MARITIME, COLUMBUS, OH NSN(s)—Product Name(s): Designated Source of Supply: Travis Disabled. 8010–01–363–3375—Enamel, Aerosol, Association for the Blind, Austin, TX ACTION: Deletions from the Procurement Type I, Flat Gray—36081, Pint, BX/12 Contracting Activity: GSA/FSS GREATER List. Designated Source of Supply: The Lighthouse SOUTHWEST ACQUISITI, FORT for the Blind, St. Louis, MO WORTH, TX SUMMARY: This action deletes product(s) Contracting Activity: DLA TROOP SUPPORT, Service(s) from the Procurement List that were PHILADELPHIA, PA furnished by nonprofit agencies Service Type: Janitorial/Custodial. Michael R. Jurkowski, employing persons who are blind or Mandatory for: US Army Reserve, MG Guy B. have other severe disabilities. Deputy Director, Business Operations. Denit USARC, Marion, VA, 4444 Lee [FR Doc. 2021–14209 Filed 7–1–21; 8:45 am] Highway, Marion, VA. DATES: Date added to and deleted from BILLING CODE 6353–01–P Designated Source of Supply: Mount Rogers the Procurement List: July 29, 2021. Community Services Board, Wytheville, ADDRESSES: Committee for Purchase VA. From People Who Are Blind or Severely COMMITTEE FOR PURCHASE FROM Contracting Activity: DEPT OF THE ARMY, Disabled, 1401 S Clark Street, Suite 715, PEOPLE WHO ARE BLIND OR W6QK ACC–PICA. Arlington, Virginia 22202–4149. SEVERELY DISABLED Service Type: Janitorial/Custodial FOR FURTHER INFORMATION CONTACT: Mandatory for: US Army Reserve, Abingdon Michael R. Jurkowski, Telephone: (703) Procurement List; Proposed Deletions USARC, 1309 Continental Drive, Abingdon, MD 785–6404, or email CMTEFedReg@ AGENCY: Committee for Purchase From AbilityOne.gov. Designated Source of Supply: The Arc People Who Are Blind or Severely Northern Chesapeake Region, SUPPLEMENTARY INFORMATION: Disabled. Incorporated, Aberdeen, MD Contracting Activity: DEPT OF THE ARMY, Deletions ACTION: Proposed deletions from the procurement list. W6QK ACC–PICA On 5/21/2021 and 5/28/2021, the Michael R. Jurkowski, Committee for Purchase From People SUMMARY: The Committee is proposing Who Are Blind or Severely Disabled to delete product(s) and service(s) from Deputy Director, Business Operations. published notice of proposed deletions the Procurement List that were [FR Doc. 2021–14208 Filed 7–1–21; 8:45 am] from the Procurement List. This notice furnished by nonprofit agencies BILLING CODE 6353–01–P
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BUREAU OF CONSUMER FINANCIAL Title of Collection: Making Ends Meet the quality, utility, and clarity of the PROTECTION Survey. information to be collected; and (d) OMB Control Number: 3170–0066. Ways to minimize the burden of the [Docket No. CFPB–2021–0013] Type of Review: Request for approval collection of information on of a generic information collection Agency Information Collection respondents, including through the use under an existing Generic Information Activities: Submission for OMB of automated collection techniques or Collection Plan. Review: Comment Request other forms of information technology. Affected Public: Individuals or Comments submitted in response to this AGENCY: Bureau of Consumer Financial households. notice will be reviewed by OMB as part Protection. Estimated Number of Respondents: of its review of this request. All ACTION: Notice and request for comment. 4,200. comments will become a matter of Estimated Total Annual Burden public record. SUMMARY: In accordance with the Hours: 1,400. Special Request for Comments: The Paperwork Reduction Act of 1995 Abstract: Under the Dodd-Frank Wall proposed survey contains more (PRA), the Bureau of Consumer Street Reform and Consumer Protection questions than the Bureau intends to Financial Protection (Bureau) is Act, the Consumer Financial Protection mail, the Bureau solicits comments on Bureau is charged with researching, requesting Office of Management and which questions provide the most value. analyzing, and reporting on topics Budget’s (OMB’s) approval of a generic Comments submitted in response to this relating to the Bureau’s mission, Information Collection titled, ‘‘Making notice will be submitted to OMB as part including consumer behavior, consumer Ends Meet Survey,’’ under the Generic of its review of this request. All awareness, and developments in Information Collection Plan entitled, comments will become a matter of markets for consumer financial products ‘‘Generic Information Collection Plan public record. for Surveys Using the Consumer Credit and services. To improve its Dated: June 29, 2021. Panel.’’ understanding of how consumers engage with financial markets, the Anthony May, DATES: Written comments are Bureau has successfully used the Paperwork Reduction Act Officer, Consumer encouraged and must be received on or Consumer Credit Panel (CCP), a Financial Protection Bureau. before August 2, 2021 to be assured of proprietary sample dataset from one of [FR Doc. 2021–14181 Filed 7–1–21; 8:45 am] consideration. the national credit reporting agencies, as BILLING CODE 4810–AM–P ADDRESSES: Written comments and a frame to survey people about their recommendations for the proposed experiences in consumer credit markets. information collection should be sent The Bureau seeks to obtain approval for DEPARTMENT OF EDUCATION within 30 days of publication of this an additional round of the ‘‘Making notice to www.reginfo.gov/public/do/ Ends Meet’’ survey. This series of [Docket No.: ED–2021–SCC–0095] PRAMain. Find this particular surveys solicits information on the Agency Information Collection information collection by selecting consumer’s experience related to ‘‘Currently under 30-day Review—Open Activities; Comment Request; Trends household financial shocks, particularly in International Mathematics and for Public Comments’’ or by using the shocks related to the economic effects of search function. Science Study (TIMSS 2023) Field Test the COVID–19 pandemic, how Data Collection and Main Study In general, all comments received will households respond to those shocks, become public records, including any Sampling, Recruitment, and Data and the role of savings to help provide Collection personal information provided. a financial buffer. Additional topics in Sensitive personal information, such as this round of the survey include debt AGENCY: Institute of Educational Science account numbers or Social Security collection, healthcare, housing, and (IES), National Center for Education numbers, should not be included. financial decision-making, attitudes, Statistics (NCES), Department of FOR FURTHER INFORMATION CONTACT: and perspectives. The survey will go to Education (ED). Documentation prepared in support of a new random sample of consumers ACTION: Notice. this information collection request is from the CCP. All research under this available at www.reginfo.gov (this link collection will be related to the SUMMARY: In accordance with the becomes active on the day following household balance sheet, and, thus, will Paperwork Reduction Act of 1995, ED is publication of this notice). Select be for general, formative, and proposing a revision to a currently ‘‘Information Collection Review,’’ under informational research on consumer approved information collection. ‘‘Currently Under Review,’’ use the financial markets and consumers’ use of DATES: Interested persons are invited to dropdown menu ‘‘Select Agency’’ and financial products and will not directly submit comments on or before August select ‘‘Consumer Financial Protection provide the basis for specific 31, 2021. Bureau’’ (recent submissions to OMB policymaking at the Bureau. ADDRESSES: To access and review all the will be at the top of the list). The same Request for Comments: The Bureau is documents related to the information documentation is also available at publishing this notice and soliciting collection listed in this notice, please http://www.regulations.gov. Requests for comments directed to the Office of use http://www.regulations.gov by additional information should be management and Budget on: (a) searching the Docket ID number ED– directed to Anthony May, Paperwork Whether the collection of information is 2021–SCC–0095. Comments submitted Reduction Act Officer, at (202) 841– necessary for the proper performance of in response to this notice should be 0544, or email: [email protected]. If the functions of the Bureau, including submitted electronically through the you require this document in an whether the information will have Federal eRulemaking Portal at http:// alternative electronic format, please practical utility; (b) The accuracy of the www.regulations.gov by selecting the contact [email protected]. Bureau’s estimate of the burden of the Docket ID number or via postal mail, Please do not submit comments to these collection of information, including the commercial delivery, or hand delivery. email boxes. validity of the methods and the If the regulations.gov site is not SUPPLEMENTARY INFORMATION: assumptions used; (c) Ways to enhance available to the public for any reason,
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ED will temporarily accept comments at Total Estimated Number of Annual schedule, to align with recruitment for [email protected]. Please include the Responses: 50,996. other NCES studies (e.g., the National docket ID number and the title of the Total Estimated Number of Annual Assessment of Education Progress, information collection request when Burden Hours: 20,336. NAEP), and for schools to put the requesting documents or submitting Abstract: The Trends in International TIMSS 2023 field test assessment on comments. Please note that comments Mathematics and Science Study their Spring 2022 calendars, recruitment submitted by fax or email and those (TIMSS), conducted by the National activities for the field test will begin in submitted after the comment period will Center for Education Statistics (NCES), June of 2021. This package requests not be accepted. Written requests for within the U.S. Department of approval for the field test data collection information or comments submitted by Education (ED), is an international materials and the main study sampling, postal mail or delivery should be assessment of fourth and eighth grade recruiting, and data collection plans. addressed to the PRA Coordinator of the students’ achievement in mathematics Recruitment activities for the main Strategic Collections and Clearance and science. Since its inception in 1995, study will begin in January 2022, with Governance and Strategy Division, U.S. TIMSS has continued to assess students the data collection activities currently Department of Education, 400 Maryland every 4 years (1995, 1999, 2003, 2007, scheduled to begin in March 2023. 2011, 2015, and 2019), with the next Ave. SW, LBJ, Room 6W208B, Dated: June 29, 2021. Washington, DC 20202–8240. TIMSS assessment, TIMSS 2023, being the eighth iteration of the study. In Stephanie Valentine, FOR FURTHER INFORMATION CONTACT: For TIMSS 2023, approximately 65 PRA Coordinator, Strategic Collections and specific questions related to collection countries or education systems will Clearance Governance and Strategy Division, activities, please contact Carrie Clarady, participate. The United States will Office of Chief Data Officer, Office of 202–245–6347. participate in TIMSS 2023 to continue Planning, Evaluation and Policy Development. SUPPLEMENTARY INFORMATION: The to monitor the progress of its students Department of Education (ED), in compared to that of other nations and to [FR Doc. 2021–14187 Filed 7–1–21; 8:45 am] accordance with the Paperwork provide data on factors that may BILLING CODE 4000–01–P Reduction Act of 1995 (PRA) (44 U.S.C. influence student achievement. 3506(c)(2)(A)), provides the general TIMSS is led by the International public and Federal agencies with an Association for the Evaluation of DEPARTMENT OF EDUCATION opportunity to comment on proposed, Educational Achievement (IEA), an [Docket No.: ED–2021–SCC–0096] revised, and continuing collections of international collective of research information. This helps the Department organizations and government agencies Agency Information Collection assess the impact of its information that create the frameworks used to Activities; Comment Request; collection requirements and minimize develop the assessment, the survey Education Stabilization Fund— the public’s reporting burden. It also instruments, and the study timeline. Elementary and Secondary School helps the public understand the IEA decides and agrees upon a common Emergency Relief Fund (ESSER I/ Department’s information collection set of standards, procedures, and ESSER II/ARP ESSER Fund) Recipient requirements and provide the requested timelines for collecting and reporting Data Collection Form data in the desired format. ED is data, all of which must be followed by AGENCY: Office of Elementary and soliciting comments on the proposed all participating countries. As a result, information collection request (ICR) that TIMSS is able to provide a reliable and Secondary Education (OESE), is described below. The Department of comparable measure of student skills in Department of Education (ED). Education is especially interested in participating countries. In the U.S., ACTION: Notice. public comment addressing the NCES conducts this study in SUMMARY: In accordance with the following issues: (1) Is this collection collaboration with the IEA and a Paperwork Reduction Act of 1995, ED is necessary to the proper functions of the number of contractors to ensure proper proposing a revision of a currently Department; (2) will this information be implementation of the study and approved collection. processed and used in a timely manner; adoption of practices in adherence to (3) is the estimate of burden accurate; the IEA’s standards. Participation in DATES: Interested persons are invited to (4) how might the Department enhance TIMSS is consistent with NCES’s submit comments on or before August the quality, utility, and clarity of the mandate of acquiring and disseminating 31, 2021. information to be collected; and (5) how data on educational activities and ADDRESSES: To access and review all the might the Department minimize the student achievement in the United documents related to the information burden of this collection on the States compared with foreign nations collection listed in this notice, please respondents, including through the use [The Educational Sciences Reform Act use http://www.regulations.gov by of information technology. Please note of 2002 (ESRA 2002, 20 U.S.C. 9543)]. searching the Docket ID number ED– that written comments received in A previous request to conduct 2021–SCC–0096. Comments submitted response to this notice will be sampling and recruitment activities in response to this notice should be considered public records. associated with the TIMSS 2023 field submitted electronically through the Title of Collection: Trends in test, which will be conducted in March Federal eRulemaking Portal at http:// International Mathematics and Science and April 2022, was approved by OMB www.regulations.gov by selecting the Study (TIMSS 2023) Field Test Data in May 2021 (OMB# 1850–0695 v.16). Docket ID number or via postal mail, Collection and Main Study Sampling, Because TIMSS is a collaborative effort commercial delivery, or hand delivery. Recruitment, and Data Collection. among many parties, the United States If the regulations.gov site is not OMB Control Number: 1850–0695. must adhere to the international available to the public for any reason, Type of Review: A revision of a schedule set forth by the IEA, including ED will temporarily accept comments at currently approved information the availability of final field test and [email protected]. Please include the collection. main study plans as well as draft and docket ID number and the title of the Respondents/Affected Public: final questionnaires. In order to meet information collection request when Individuals and Households. the international data collection requesting documents or submitting
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comments. Please note that comments emergency, the legislative and executive DATES: Interested persons are invited to submitted by fax or email and those branches of government have come submit comments on or before August 2, submitted after the comment period will together to offer relief to those 2021. not be accepted. Written requests for individuals and industries affected by ADDRESSES: Written comments and information or comments submitted by the COVID–19 virus under the recommendations for proposed postal mail or delivery should be Coronavirus Aid, Relief, and Economic information collection requests should addressed to the PRA Coordinator of the Security (CARES) Act (Pub. L. 116–136) be sent within 30 days of publication of Strategic Collections and Clearance authorized on March 27, 2020, and this notice to www.reginfo.gov/public/ Governance and Strategy Division, U.S. expanded through the Coronavirus do/PRAMain. Find this information Department of Education, 400 Maryland Response and Relief Supplemental collection request by selecting Ave. SW, LBJ, Room 6W208D, Appropriations (CRRSA) Act, and the ‘‘Department of Education’’ under Washington, DC 20202–8240. American Rescue Plan (ARP) Act. The ‘‘Currently Under Review,’’ then check FOR FURTHER INFORMATION CONTACT: For Elementary and Secondary School ‘‘Only Show ICR for Public Comment’’ specific questions related to collection Emergency Relief (ESSER) Fund awards checkbox. Comments may also be sent activities, please contact Gloria Tanner, grants to state education agencies to [email protected]. (SEAs) and for the purpose of providing 202–453–5596. FOR FURTHER INFORMATION CONTACT: For local educational agencies (LEAs), SUPPLEMENTARY INFORMATION: The specific questions related to collection including charter schools that are LEAs, Department of Education (ED), in activities, please contact Joanne as well as Outlying Areas, with accordance with the Paperwork Osborne, 202–401–1265. Reduction Act of 1995 (PRA) (44 U.S.C. emergency relief funds to address the SUPPLEMENTARY INFORMATION: The 3506(c)(2)(A)), provides the general impact that Novel Coronavirus Disease Department of Education (ED), in public and Federal agencies with an 2019 (COVID–19) has had, and accordance with the Paperwork opportunity to comment on proposed, continues to have, on elementary and Reduction Act of 1995 (PRA) (44 U.S.C. revised, and continuing collections of secondary schools across the Nation. 3506(c)(2)(A)), provides the general information. This helps the Department This information collection requests public and Federal agencies with an assess the impact of its information approval for a revision to a previously opportunity to comment on proposed, collection requirements and minimize approved collection that includes revised, and continuing collections of the public’s reporting burden. It also annual reporting requirements to information. This helps the Department helps the public understand the comply with the requirements of the assess the impact of its information Department’s information collection ESSER program and obtain information collection requirements and minimize requirements and provide the requested on how the funds were used. In the public’s reporting burden. It also data in the desired format. ED is accordance with the Recipient’s helps the public understand the soliciting comments on the proposed Funding Certification and Agreements Department’s information collection information collection request (ICR) that executed by ESSER grantees, the requirements and provide the requested is described below. The Department of Secretary may specify additional forms data in the desired format. ED is Education is especially interested in of reporting. In addition to reviewing soliciting comments on the proposed public comment addressing the the proposed revisions, ED requests information collection request (ICR) that following issues: (1) Is this collection stakeholders respond to the directed is described below. The Department of necessary to the proper functions of the questions found in Attachment A. Education is especially interested in Department; (2) will this information be Dated: June 29, 2021. public comment addressing the processed and used in a timely manner; Kate Mullan, following issues: (1) Is this collection (3) is the estimate of burden accurate; PRA Coordinator, Strategic Collections and necessary to the proper functions of the (4) how might the Department enhance Clearance, Governance and Strategy Division, Department; (2) will this information be the quality, utility, and clarity of the Office of Chief Data Officer, Office of processed and used in a timely manner; information to be collected; and (5) how Planning, Evaluation and Policy (3) is the estimate of burden accurate; might the Department minimize the Development. (4) how might the Department enhance burden of this collection on the [FR Doc. 2021–14200 Filed 7–1–21; 8:45 am] the quality, utility, and clarity of the respondents, including through the use BILLING CODE 4000–01–P information to be collected; and (5) how of information technology. Please note might the Department minimize the that written comments received in burden of this collection on the response to this notice will be DEPARTMENT OF EDUCATION respondents, including through the use considered public records. [Docket No.: ED–2021–SCC–0064] of information technology. Please note Title of Collection: Education that written comments received in Stabilization Fund—Elementary and Agency Information Collection response to this notice will be Secondary School Emergency Relief Activities; Submission to the Office of considered public records. Fund (ESSER I/ESSER II/ARP ESSER Management and Budget for Review Title of Collection: Rural, Insular, and Fund) Recipient Data Collection Form. and Approval; Comment Request; OMB Control Number: 1810–0749. Native Achievement Programs Progress Rural, Insular, and Native Achievement Update Protocol. Type of Review: A revision of a Programs Progress Update Protocol currently approved collection. OMB Control Number: 1810–NEW. Respondents/Affected Public: State, AGENCY: Office of Elementary and Type of Review: A new information Local, and Tribal Governments. Secondary Education, Department of collection. Total Estimated Number of Annual Education (ED). Respondents/Affected Public: State, Responses: 14,656. ACTION: Notice. Local, and Tribal Governments. Total Estimated Number of Annual Total Estimated Number of Annual Burden Hours: 585,400. SUMMARY: In accordance with the Responses: 50. Abstract: Under the current Paperwork Reduction Act of 1995, ED is Total Estimated Number of Annual unprecedented national health proposing a new information collection. Burden Hours: 50.
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Abstract: This is a request for a new Environmental Policy Act (NEPA). The Alaska Gasline Development information collection. The Rural, SEIS will include analysis of potential Corporation (AGDC), an independent, Insular, and Native Achievement environmental impacts associated with public corporation of the State of Programs (RINAP) administers Section natural gas production on the North Alaska, applied to the Federal Energy 1121 of Title I, Part A of the ESEA; Title Slope of Alaska and a life cycle analysis Regulatory Commission (FERC) for II of Public Law 108–118 (Supplemental (LCA) calculating the greenhouse gas authorization to site, construct, and Education Grant (SEG)), CARES Act— (GHG) emissions for LNG exported from operate the Alaska LNG Project. As Outlying Areas; Title III of CRRSA— the proposed Alaska LNG Project. approved by FERC on May 21, 2020,4 Outlying Areas, Sections 2005 and ADDRESSES: Documents related to the the Alaska LNG Project includes the 11006(2–3) of the ARP; Title V, Part B SEIS process will be posted at: https:// following three elements: of the ESEA (Rural Education energy.gov/nepa/doeeis-0512-s1- (i) Producing natural gas from stranded Achievement Program), Title VI, Part B supplemental-environmental-impact- resources on the North Slope of Alaska at a of the ESEA (Native Hawaiian statement-alaska-lng-project. proposed natural gas treatment plant to be Education); and Title VI, Part C of the FOR FURTHER INFORMATION CONTACT: located on the North Slope; ESEA (Alaska Native Education). Questions concerning the SEIS or (ii) Transporting the natural gas on a Periodic progress updates, phone, requests to be placed on the SEIS proposed 800-mile long pipeline; and virtual, or in-person conversations (iii) Liquefying the natural gas for export distribution list should be sent to: Brian from the proposed Liquefaction Facility, during a fiscal year with authorized Lavoie, U.S. Department of Energy (FE– representatives and project directors which has a planned liquefaction capacity of 34), Office of Regulation, Analysis, and 20 million metric tons per year of LNG help ensure grantees are making Engagement, Office of Fossil Energy, (equivalent to approximately 929 Bcf/yr of progress toward meeting program goals Forrestal Building, Room 3E–042, 1000 natural gas).5 and objectives. The information shared Independence Avenue SW, Washington, In sum, AGDC holds the FERC with RINAP helps inform the selection DC 20585; (202) 586–2459; and delivery of technical assistance to authorization for the Alaska LNG [email protected]. Project, and Alaska LNG holds the DOE grantees and aligns structures, SUPPLEMENTARY INFORMATION: processes, and routines so RINAP can authorization to export LNG from the monitor the connection between grant Background Alaska LNG Project. Both the DOE and FERC authorizations have been administration and intended outcomes. On August 20, 2020, DOE issued challenged in the U.S. Court of Appeals DOE/FE Order No. 3643–A (the Alaska Dated: June 29, 2021. for the District of Columbia Circuit (D.C. LNG Order) 1 to Alaska LNG Project LLC Kate Mullan, Circuit).6 Those lawsuits are ongoing (Alaska LNG) under section 3(a) of the PRA Coordinator, Strategic Collections and and are currently subject to various NGA.2 DOE/FE authorized Alaska LNG Clearance Governance and Strategy Division, pending procedural motions. to export LNG produced from Alaskan Office of Chief Data Officer, Office of To fulfill its obligations under NEPA,7 sources to any country with which the Planning, Evaluation and Policy DOE/FE participated as a cooperating Development. United States has not entered into a free agency in FERC’s review of the Alaska trade agreement (FTA) requiring [FR Doc. 2021–14186 Filed 7–1–21; 8:45 am] LNG Project.8 FERC issued the final national treatment for trade in natural BILLING CODE 4000–01–P environmental impact statement (EIS) gas, and with which trade is not for the Alaska LNG Project on March 6, prohibited by U.S. law or policy (non- 2020,9 and DOE/FE adopted the final FTA countries). Alaska LNG is DEPARTMENT OF ENERGY EIS on March 16, 2020 (DOE/EIS– authorized to export LNG in a volume 0512).10 Subsequently, DOE/FE issued Notice of Intent To Prepare a equivalent to 929 billion cubic feet per the Alaska LNG Order, conditioning it Supplemental Environmental Impact year (Bcf/yr) of natural gas (2.55 Bcf per on Alaska LNG’s compliance with the Statement for the Alaska LNG Project day), for a term of 30 years, with export operations required to commence 165 environmental conditions adopted AGENCY: Office of Fossil Energy, in the FERC Order (see supra note 4), within 12 years of the date that the 11 Department of Energy. Alaska LNG Order was issued. Exports among other requirements. ACTION: Notice of intent. will occur by vessel from a liquefaction 4 facility to be constructed in the Nikiski Alaska Gasline Dev. Corp., Order Granting SUMMARY: On April 15, 2021, the U.S. Authorization Under Section 3 of the Natural Gas area of the Kenai Peninsula in south Department of Energy’s Office of Fossil Act, 171 FERC ¶ 61,134, ¶¶ 1–2 (May 21, 2020) central Alaska (Liquefaction Facility), [hereinafter FERC Order]. Energy (DOE/FE) granted a request for which will be part of the proposed 5 Rehearing Order at 3. rehearing of a final order issued to 6 Alaska LNG Project.3 See Sierra Club v. U.S. Dep’t of Energy, Petition Alaska LNG Project LLC (Alaska LNG) for Review, Case No. 20–1503 (D.C. Cir. Dec. 16, for the export of liquefied natural gas 2020); Center for Biological Diversity, et al., v. 1 Alaska LNG Project LLC, DOE/FE Order No. (LNG) produced from Alaskan sources Federal Energy Regulatory Comm’n, Petition for 3643–A, FE Docket 14–96–LNG, Final Opinion and Review, Case No. 20–1379 (D.C. Cir. Sept. 21, 2020); to non-free trade agreement countries, Order Granting Long-Term Authorization to Export see also Rehearing Order at 5–6. Liquefied Natural Gas to Non-Free Trade Agreement pursuant to the Natural Gas Act (NGA). 7 42 U.S.C. 4321 et seq. Nations (Aug. 20, 2020), available at: https:// 8 In the Rehearing Order, DOE stated that www.energy.gov/sites/default/files/2020/08/f77/ See Alaska LNG Order at 23, 32. it was granting rehearing for the purpose ord3643a.pdf [hereinafter Alaska LNG Order]. 9 Federal Energy Regulatory Comm’n, Alaska LNG of conducting two Alaska-specific 2 15 U.S.C. 717b(a). The authority to regulate the Project Final Environmental Impact Statement, environmental studies (collectively, the imports and exports of natural gas, including Docket No. CP17–178–000 (Mar. 6, 2020), available liquefied natural gas, under section 3 of the NGA at: https://www.ferc.gov/industries-data/natural- Alaska environmental study (15 U.S.C. 717b) has been delegated to the Assistant gas/final-environmental-impact-statement-0 proceeding). To this end, DOE intends Secretary for FE in Redelegation Order No. S4– [hereinafter final EIS]. to prepare a supplemental DEL–FE1–2021, issued on March 25, 2021. 10 Letter from Amy Sweeney, DOE/FE, to Julie environmental impact statement (SEIS) 3 See Alaska LNG Project LLC, DOE/FE Order No. Roemele, U.S. Envtl. Prot. Agency (Mar. 16, 2020) (adoption of final EIS), available at: https:// for the Alaska environmental study 3643–B, FE Docket 14–96–LNG, Order on Rehearing (Apr. 15, 2021), available at: https:// www.energy.gov/nepa/downloads/doeeis-0512- proceeding (DOE/EIS–0512–S1), www.energy.gov/sites/default/files/2021-04/ notice-adoption. consistent with the National ord3643b.pdf [hereinafter Rehearing Order]. 11 See Alaska LNG Order at 42 (Ordering Para. H).
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Sierra Club filed a Request for upstream analysis of potential detailing the release of the draft SEIS, Rehearing of the Alaska LNG Order, and environmental impacts associated with dates of one or more internet-based AGDC filed a Motion for Leave to natural gas production on the North public hearings, and instructions for Answer and Answer to Sierra Club’s Slope of Alaska. This analysis will submitting public comments. Request for Rehearing.12 On April 15, examine potential upstream impacts Signing Authority 2021, DOE/FE issued the Rehearing associated with incremental natural gas Order in which DOE/FE: (i) Granted production on the North Slope of Alaska This document of the Department of AGDC’s Motion for Leave to Answer; (ii) due to Alaska LNG’s exports of LNG. Energy was signed on June 28, 2021, by granted Sierra Club’s Rehearing Request In addition, the SEIS will include a Jennifer Wilcox, Ph.D., Acting Assistant for the purpose of conducting the LCA calculating the GHG emissions for Secretary for Fossil Energy, pursuant to Alaska environmental study proceeding; LNG exported from the proposed Alaska delegated authority from the Secretary and (ii) denied Sierra Club’s request for LNG Project, taking into account unique of Energy. That document with the DOE/FE to withdraw the Alaska LNG issues relating to production, pipeline original signature and date is Order, without prejudice to Sierra transportation, and liquefaction in maintained by DOE. For administrative Club’s ability to request relief in the Alaska.17 Specifically, the LCA will purposes only, and in compliance with future, should circumstances change.13 examine the life cycle GHG emissions requirements of the Office of the Federal DOE/FE explained that, since the for LNG exported from Alaska by vessel Register, the undersigned DOE Federal issuance of the Alaska LNG Order and to import markets in Asia (the markets Register Liaison Officer has been while DOE/FE’s action on Sierra Club’s targeted for exports from Alaska) and authorized to sign and submit the Rehearing Request was pending, the potentially in other regions. document in electronic format for President had issued two Executive DOE/FE has commissioned DOE’s publication, as an official document of Orders (E.O.) relevant to the Alaska LNG National Energy Technology Laboratory the Department of Energy. This proceeding: E.O. 13990, Protecting (NETL) to conduct both studies. administrative process in no way alters Public Health and the Environment and the legal effect of this document upon Restoring Science to Tackle the Climate Potential Areas of Environmental publication in the Federal Register. Analysis Crisis,14 and E.O. 14008, Tackling the Signed in Washington, DC, on June 29, Climate Crisis at Home and Abroad.15 For the upstream production study, 2021. Consistent with these Executive Orders DOE/FE has tentatively identified the Treena V. Garrett, and to address Sierra Club’s arguments following resource areas for analysis Federal Register Liaison Officer, U.S. on rehearing, DOE stated that it was (although the following list is not Department of Energy. appropriate to further evaluate the intended to be comprehensive or to [FR Doc. 2021–14188 Filed 7–1–21; 8:45 am] environmental impacts of exporting predetermine the potential impacts to be BILLING CODE 6450–01–P LNG from the proposed Alaska LNG analyzed): Land use and visual Project to non-FTA countries. Therefore, resources; geology and soils; water DOE/FE announced that it was resources; air quality and noise; DEPARTMENT OF ENERGY commissioning the Alaska ecological resources; cultural and environmental study proceeding.16 paleontological resources; Federal Energy Regulatory Commission Supplemental EIS (SEIS) infrastructure; waste management; occupational and public health and [Docket No. EL21–83–000] DOE/FE intends to prepare a SEIS for safety; socioeconomics; transportation; the Alaska environmental study and environmental justice. For the LCA, PJM Interconnection, L.L.C.; Notice of proceeding. The SEIS will include an DOE/FE will examine the global nature Filing of GHG emissions associated with 12 See Rehearing Order at 5–6 (providing exports of LNG from Alaska from a life Take notice that on June 10, 2021, additional background on DOE’s rehearing pursuant to section 206 of the Federal proceeding). Sierra Club’s and AGDC’s arguments cycle perspective, as stated previously. on rehearing are summarized in the Rehearing Power Act, 16 U.S.C. 824e, and Rule 206 Order at 6–10. NEPA Process and Public Participation of the Federal Energy Regulatory 13 See id. at 2. in the SEIS Commission’s (Commission) Rules of 14 Exec. Order 13990 of Jan. 20, 2021, Protecting DOE/FE will prepare the SEIS in Practice and Procedure, 18 CFR 385.206, Public Health and the Environment and Restoring PJM Interconnection, L.L.C. (PJM), made Science to Tackle the Climate Crisis, 86 FR 7037 accordance with the Council on (Jan. 25, 2021), available at: https:// Environmental Quality (CEQ) a filing identifying an unjust and www.federalregister.gov/documents/2021/01/25/ regulations at 40 CFR parts 1500–1508 unreasonable aspect of the formula for 2021-01765/protecting-public-health-and-the- and DOE NEPA implementing determining the Regulation market environment-and-restoring-science-to-tackle-the- performance-clearing price credit, as climate-crisis. E.O. 13990 directs agencies to procedures at 10 CFR part 1021. In ‘‘immediately review’’ all regulations, orders, and accordance with 10 CFR 1021.311(f), a stated in PJM Open Access other actions issued after January 20, 2017, that may public scoping process is not required Transmission Tariff Attachment K- increase GHG emissions or have other impacts on for a DOE-issued SEIS. DOE/FE will Appendix, section 3.2.2(g) and the climate change. Amended and Restated Operating 15 Exec. Order No. 14008 of Jan. 27, 2021, issue a notice in the Federal Register Tackling the Climate Crisis at Home and Abroad, Agreement of PJM Interconnection, 86 FR 7619 (Feb. 1, 2021), available at: https:// 17 DOE/FE previously has explained that a LCA L.L.C., Schedule 1, section 3.2.2(g). PJM www.federalregister.gov/documents/2021/02/01/ is a method of accounting for cradle-to-grave GHG submitted this filing to establish a 2021-02177/tackling-the-climate-crisis-at-home- emissions over a single common denominator. DOE refund effective date for the replacement and-abroad. E.O. 14008 sets forth additional considers GHG emissions from all processes in the policies to address climate change—specifically to LNG supply chains—from the ‘‘cradle’’ when calculation of the formula, which is ‘‘organize and deploy the full capacity of [Federal] natural gas is extracted from the ground, to the currently under development in the PJM agencies to combat the climate crisis’’—and ‘‘grave’’ when electricity is used by the consumer. stakeholder process, as more fully requires the ‘‘Federal Government [to] drive See U.S. Dep’t of Energy, Life Cycle Greenhouse Gas explained in the filing. assessment, disclosure, and mitigation of climate Perspective on Exporting Liquefied Natural Gas pollution and climate-related risks in every sector’’ From the United States: 2019 Update—Response to Any person desiring to intervene or to of the U.S. economy. Comments, 85 FR 72, 76 (Jan. 2, 2020); see also protest this filing must file in 16 See Rehearing Order at 12–13. Rehearing Order at 14 n.90. accordance with Rules 211 and 214 of
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the Commission’s Rules of Practice and DEPARTMENT OF ENERGY The filings are accessible in the Procedure, (18 CFR 385.211 and Commission’s eLibrary system (https:// 385.214). Protests will be considered by Federal Energy Regulatory elibrary.ferc.gov/idmws/search/ the Commission in determining the Commission fercgensearch.asp) by querying the appropriate action to be taken but will docket number. Combined Notice of Filings not serve to make protestants parties to Any person desiring to intervene or the proceeding. Any person wishing to Take notice that the Commission has protest in any of the above proceedings become a party must file a notice of received the following Natural Gas must file in accordance with Rules 211 intervention or motion to intervene, as Pipeline Rate and Refund Report filings: and 214 of the Commission’s Regulations (18 CFR 385.211 and appropriate. The Respondent’s answer Docket Number: PR21–51–000. 385.214) on or before 5:00 p.m. Eastern and all interventions, or protests must Applicants: Columbia Gas of Ohio, time on the specified comment date. be filed on or before the comment date. Inc. Protests may be considered, but The Respondent’s answer, motions to Description: Tariff filing per intervention is necessary to become a 284.123(b),(e)/: COH SOC Rates effective intervene, and protests must be served party to the proceeding. May 28 2021 to be effective 5/28/2021. on the Complainants. eFiling is encouraged. More detailed Filed Date: 6/25/2021. The Commission strongly encourages information relating to filing Accession Number: 202106255074. electronic filings of comments, protests requirements, interventions, protests, Comments/Protests Due: 5 p.m. ET 7/ and interventions in lieu of paper using service, and qualifying facilities filings 16/2021. the ‘‘eFiling’’ link at http:// can be found at: http://www.ferc.gov/ www.ferc.gov. Persons unable to file Docket Number: PR21–46–001. docs-filing/efiling/filing-req.pdf. For Applicants: DCP Guadalupe Pipeline, electronically may mail similar other information, call (866) 208–3676 LLC. pleadings to the Federal Energy (toll free). For TTY, call (202) 502–8659. Description: Tariff filing per Regulatory Commission, 888 First Street 284.123(b), (e) + (g): Guadalupe SOC Dated: June 28, 2021. NE, Washington, DC 20426. Hand 7.1.0 to be effective 5/1/2021. Debbie-Anne A. Reese, delivered submissions in docketed Filed Date: 6/25/2021. Deputy Secretary. proceedings should be delivered to Accession Number: 202106255043. [FR Doc. 2021–14242 Filed 7–1–21; 8:45 am] Health and Human Services, 12225 Comments Due: 5 p.m. ET 7/16/2021. BILLING CODE 6717–01–P Wilkins Avenue, Rockville, Maryland 284.123(g) Protests Due: 5 p.m. ET 7/ 20852. 16/2021. In addition to publishing the full text Docket Numbers: RP21–909–000. DEPARTMENT OF ENERGY of this document in the Federal Applicants: Bobcat Gas Storage. Federal Energy Regulatory Description: § 4(d) Rate Filing: Register, the Commission provides all Commission interested persons an opportunity to Updates to Tariff Contact Person to be view and/or print the contents of this effective 7/24/2021. Combined Notice of Filings document via the internet through the Filed Date: 6/24/21. Commission’s Home Page (http:// Accession Number: 20210624–5025. Take notice that the Commission has ferc.gov) using the ‘‘eLibrary’’ link. Comments Due: 5 p.m. ET 7/6/21. received the following Natural Gas Enter the docket number excluding the Docket Numbers: RP21–910–000. Pipeline Rate and Refund Report filings: last three digits in the docket number Applicants: Natural Gas Pipeline Docket Numbers: RP21–906–000. field to access the document. At this Company of America. Applicants: Alliance Pipeline L.P. time, the Commission has suspended Description: § 4(d) Rate Filing: Description: § 4(d) Rate Filing: access to the Commission’s Public Negotiated Rate Agreement Filing- Removal of Receipt and Delivery Point Reference Room, due to the Presidion WAB LLC to be effective 7/1/ Listings to be effective 7/23/2021. Filed Date: 6/23/21. proclamation declaring a National 2021. Filed Date: 6/25/21. Accession Number: 20210623–5055. Emergency concerning the Novel Accession Number: 20210625–5038. Comments Due: 5 p.m. ET 7/6/21. Coronavirus Disease (COVID–19), issued Comments Due: 5 p.m. ET 7/7/21. Docket Numbers: RP21–907–000. by the President on March 13, 2020. For Applicants: Washington 10 Storage assistance, contact the Federal Energy Docket Numbers: RP21–911–000. Applicants: MMGJ Arkansas Corporation. Regulatory Commission at Upstream, LLC, Riverbend Oil and Gas Description: § 4(d) Rate Filing: [email protected], or call VIII, LLC. Baseline Tariff Compliance Filing toll-free, (886) 208–3676 or TYY, (202) Description: Joint Petition for Limited Pursuant to Docket No. CP20–470–000 502–8659. Waiver of Capacity Release Regulations, to be effective 8/1/2021. Comment Date: 5:00 p.m. Eastern et al. of MMGJ Arkansas Upstream, LLC, Filed Date: 6/23/21. Time on July 1, 2021. et al. under RP21–911. Accession Number: 20210623–5057. Comments Due: 5 p.m. ET 7/6/21. Dated: June 24, 2021. Filed Date: 6/25/21. Accession Number: 20210625–5151. Docket Numbers: RP21–908–000. Debbie-Anne A. Reese, Comments Due: 5 p.m. ET 7/2/21. Applicants: Washington 10 Storage Deputy Secretary. Docket Numbers: RP21–912–000. Corporation. [FR Doc. 2021–14134 Filed 7–1–21; 8:45 am] Applicants: Paiute Pipeline Company. Description: § 4(d) Rate Filing: Tariff BILLING CODE 6717–01–P Description: § 4(d) Rate Filing: Cover Revisions to be effective 8/1/2021. Page Address and Fax Change to be Filed Date: 6/23/21. effective 6/28/2021. Accession Number: 20210623–5080. Filed Date: 6/25/21. Comments Due: 5 p.m. ET 7/6/21. Accession Number: 20210625–5187. The filings are accessible in the Comments Due: 5 p.m. ET 7/7/21. Commission’s eLibrary system (https://
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elibrary.ferc.gov/idmws/search/ FERC Online links at http:// Partners, LLC, Tenaska Energı´a de fercgensearch.asp) by querying the www.ferc.gov. To facilitate electronic Mexico, S. de R.L. de, C.V., Tenaska docket number. service, persons with internet access Frontier Partners, Ltd., Tenaska Power Any person desiring to intervene or who will eFile a document and/or be Management, LLC, Tenaska Power protest in any of the above proceedings listed as a contact for an intervenor Services Co., Texas Electric Marketing, must file in accordance with Rules 211 must create and validate an LLC. and 214 of the Commission’s eRegistration account using the Description: Triennial Market Power Regulations (18 CFR 385.211 and eRegistration link. Select the eFiling Analysis for Central Region of Alabama 385.214) on or before 5:00 p.m. Eastern link to log on and submit the Electric Marketing, LLC, et al. time on the specified comment date. intervention or protests. Filed Date: 6/24/21. Protests may be considered, but Persons unable to file electronically Accession Number: 20210624–5192. intervention is necessary to become a may mail similar pleadings to the Comments Due: 5 p.m. ET 8/23/21. party to the proceeding. Federal Energy Regulatory Commission, Docket Numbers: ER10–1901–012. eFiling is encouraged. More detailed 888 First Street NE, Washington, DC Applicants: Upper Peninsula Power information relating to filing 20426. Hand delivered submissions in Company. requirements, interventions, protests, docketed proceedings should be Description: Triennial Market Power service, and qualifying facilities filings delivered to Health and Human Analysis for Central Region of Upper can be found at: http://www.ferc.gov/ Services, 12225 Wilkins Avenue, Peninsula Power Company. docs-filing/efiling/filing-req.pdf. For Rockville, Maryland 20852. Filed Date: 6/25/21. other information, call (866) 208–3676 In addition to publishing the full text Accession Number: 20210625–5189. (toll free). For TTY, call (202) 502–8659. of this document in the Federal Comments Due: 5 p.m. ET 8/24/21. Register, the Commission provides all Dated: June 24, 2021. Docket Numbers: ER10–2794–033; interested persons an opportunity to Debbie-Anne A. Reese, ER12–1825–031; ER14–2672–018. view and/or print the contents of this Applicants: EDF Trading North Deputy Secretary. document via the internet through the America, LLC, EDF Energy Services, [FR Doc. 2021–14132 Filed 7–1–21; 8:45 am] Commission’s Home Page (http:// LLC, EDF Industrial Power Services BILLING CODE 6717–01–P www.ferc.gov) using the ‘‘eLibrary’’ link. (CA), LLC. Enter the docket number excluding the Description: Triennial Market Power last three digits in the docket number Analysis for Central Region of EDF DEPARTMENT OF ENERGY field to access the document. At this Trading North America, LLC, et al. time, the Commission has suspended Federal Energy Regulatory Filed Date: 6/24/21. access to the Commission’s Public Commission Accession Number: 20210624–5191. Reference Room, due to the Comments Due: 5 p.m. ET 8/23/21. [Docket No. ER21–2215–000] proclamation declaring a National Docket Numbers: ER21–1576–001. Emergency concerning the Novel Applicants: Southwest Power Pool, Peoples Natural Gas; Supplemental Coronavirus Disease (COVID–19), issued Inc. Notice That Initial Market-Based Rate by the President on March 13, 2020. For Description: Tariff Amendment: Filing Includes Request for Blanket assistance, contact the Federal Energy Deficiency Response in ER21–1576— Section 204 Authorization Regulatory Commission at Tri-State Generation Formula Rate to be This is a supplemental notice in the [email protected] or call effective 6/1/2021. above-referenced proceeding of Peoples toll-free, (886) 208–3676 or TYY, (202) Filed Date: 6/28/21. Natural Gas’s application for market- 502–8659. Accession Number: 20210628–5032. based rate authority, with an Dated: June 28, 2021. Comments Due: 5 p.m. ET 7/19/21. accompanying rate tariff, noting that Debbie-Anne A. Reese, Docket Numbers: ER21–2217–000. such application includes a request for Deputy Secretary. Applicants: Lincoln Land Wind, LLC. blanket authorization, under 18 CFR [FR Doc. 2021–14243 Filed 7–1–21; 8:45 am] Description: Baseline eTariff Filing: Application For Market Based Rate part 34, of future issuances of securities BILLING CODE 6717–01–P and assumptions of liability. Authority to be effective 8/31/2021. Any person desiring to intervene or to Filed Date: 6/28/21. protest should file with the Federal DEPARTMENT OF ENERGY Accession Number: 20210628–5000. Energy Regulatory Commission, 888 Comments Due: 5 p.m. ET 7/19/21. First Street NE, Washington, DC 20426, Federal Energy Regulatory Docket Numbers: ER21–2218–000. in accordance with Rules 211 and 214 Commission Applicants: PJM Interconnection, of the Commission’s Rules of Practice L.L.C. and Procedure (18 CFR 385.211 and Combined Notice of Filings #1 Description: § 205(d) Rate Filing: 385.214). Anyone filing a motion to Take notice that the Commission Original ISA, Service Agreement No. intervene or protest must serve a copy received the following electric rate 6094; Queue No. AD2–158 to be of that document on the Applicant. filings: effective 5/28/2021. Notice is hereby given that the Docket Numbers: ER10–1585–019; Filed Date: 6/28/21. deadline for filing protests with regard ER10–1594–019; ER10–1617–019; Accession Number: 20210628–5004. to the applicant’s request for blanket ER10–1623–007; ER10–1628–019; Comments Due: 5 p.m. ET 7/19/21. authorization, under 18 CFR part 34, of ER10–1632–021; ER12–60–021; ER16– Docket Numbers: ER21–2219–000. future issuances of securities and 1148–010; ER16–733–010; ER20–2602– Applicants: Southwest Power Pool, assumptions of liability, is July 19, 002. Inc. 2021. Applicants: Alabama Electric Description: § 205(d) Rate Filing: The Commission encourages Marketing, LLC, California Electric Revisions to Modify Uninstructed electronic submission of protests and Marketing, LLC, LQA, LLC, New Mexico Resource Deviation Exemptions to be interventions in lieu of paper, using the Electric Marketing, LLC, Nobles 2 Power effective 10/1/2021.
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Filed Date: 6/28/21. Comments Due: 5 p.m. ET 7/19/21. service, and qualifying facilities filings Accession Number: 20210628–5005. Docket Numbers: ER21–2227–000. can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 7/19/21. Applicants: Southwest Power Pool, docs-filing/efiling/filing-req.pdf. For Docket Numbers: ER21–2220–000. Inc. other information, call (866) 208–3676 Applicants: ISO New England Inc., Description: § 205(d) Rate Filing: (toll free). For TTY, call (202) 502–8659. New England Power Pool Participants 2198R31 Kansas Power Pool NITSA Dated: June 28, 2021. Committee. NOA to be effective 9/1/2021. Debbie-Anne A. Reese, Description: § 205(d) Rate Filing: ISO– Filed Date: 6/28/21. Deputy Secretary. NE & NEPOOL; Rev to Remove App B Accession Number: 20210628–5049. [FR Doc. 2021–14241 Filed 7–1–21; 8:45 am] ‘‘Imposition of Sanctions by the ISO’’ to Comments Due: 5 p.m. ET 7/19/21. BILLING CODE 6717–01–P be effective 8/27/2021. Docket Numbers: ER21–2228–000. Filed Date: 6/28/21. Applicants: New York State Electric & Accession Number: 20210628–5033. Gas Corporation. DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 7/19/21. Description: § 205(d) Rate Filing: Docket Numbers: ER21–2221–000. NYSEG–NYPA Attachment C—O&M Federal Energy Regulatory Applicants: Southwest Power Pool, Annual Update to be effective 9/1/2021. Commission Inc. Filed Date: 6/28/21. [Docket No. ER21–2217–000] Description: § 205(d) Rate Filing: Accession Number: 20210628–5054. 2900R16 KMEA NITSA NOA to be Comments Due: 5 p.m. ET 7/19/21. Lincoln Land Wind, LLC; Supplemental effective 9/1/2021. Docket Numbers: ER21–2229–000. Notice That Initial Market-Based Rate Filed Date: 6/28/21. Applicants: Duke Energy Carolinas, Filing Includes Request for Blanket Accession Number: 20210628–5039. LLC. Section 204 Authorization Comments Due: 5 p.m. ET 7/19/21. Description: Tariff Cancellation: DEC– Docket Numbers: ER21–2222–000. FPL Notice of Cancellation of Service This is a supplemental notice in the Applicants: Southwest Power Pool, Agreements Nos. 42 and 165 to be above-referenced proceeding of Lincoln Inc. effective 8/28/2021. Land Wind, LLC’s application for Description: § 205(d) Rate Filing: Filed Date: 6/28/21. market-based rate authority, with an 1276R24 Evergy Metro NITSA NOA to Accession Number: 20210628–5056. accompanying rate tariff, noting that be effective 9/1/2021. Comments Due: 5 p.m. ET 7/19/21. such application includes a request for blanket authorization, under 18 CFR Filed Date: 6/28/21. Docket Numbers: ER21–2230–000. Accession Number: 20210628–5040. part 34, of future issuances of securities Applicants: Southwest Power Pool, and assumptions of liability. Comments Due: 5 p.m. ET 7/19/21. Inc. Docket Numbers: ER21–2223–000. Any person desiring to intervene or to Description: § 205(d) Rate Filing: protest should file with the Federal Applicants: Duke Energy Carolinas, 2415R15 Kansas Municipal Energy LLC. Energy Regulatory Commission, 888 Agency NITSA and NOA to be effective First Street NE, Washington, DC 20426, Description: § 205(d) Rate Filing: 9/1/2021. DEC–NCEMC NITSA SA No. 210 to be in accordance with Rules 211 and 214 Filed Date: 6/28/21. of the Commission’s Rules of Practice effective 6/1/2021. Accession Number: 20210628–5070. Filed Date: 6/28/21. and Procedure (18 CFR 385.211 and Comments Due: 5 p.m. ET 7/19/21. 385.214). Anyone filing a motion to Accession Number: 20210628–5041. Docket Numbers: ER21–2231–000. Comments Due: 5 p.m. ET 7/19/21. intervene or protest must serve a copy Applicants: Southwest Power Pool, of that document on the Applicant. Docket Numbers: ER21–2224–000. Inc. Notice is hereby given that the Applicants: Arizona Public Service Description: § 205(d) Rate Filing: deadline for filing protests with regard Company. 2562R10 Kansas Municipal Energy to the applicant’s request for blanket Description: § 205(d) Rate Filing: Rate Agency NITSA and NOA to be effective authorization, under 18 CFR part 34, of Schedule No. 305 to be effective 9/1/ 9/1/2021. future issuances of securities and 2021. Filed Date: 6/28/21. assumptions of liability, is July 19, Filed Date: 6/28/21. Accession Number: 20210628–5082. 2021. Accession Number: 20210628–5043. Comments Due: 5 p.m. ET 7/19/21. The Commission encourages Comments Due: 5 p.m. ET 7/19/21. The filings are accessible in the electronic submission of protests and Docket Numbers: ER21–2225–000. Commission’s eLibrary system (https:// interventions in lieu of paper, using the Applicants: Irish Creek Wind, LLC. elibrary.ferc.gov/idmws/search/ FERC Online links at http:// Description: Baseline eTariff Filing: fercgensearch.asp) by querying the www.ferc.gov. To facilitate electronic Irish Creek Wind, LLC Application for docket number. service, persons with internet access Market-Based Rate Authorization to be Any person desiring to intervene or who will eFile a document and/or be effective 8/28/2021. protest in any of the above proceedings listed as a contact for an intervenor Filed Date: 6/28/21. must file in accordance with Rules 211 must create and validate an Accession Number: 20210628–5045. and 214 of the Commission’s eRegistration account using the Comments Due: 5 p.m. ET 7/19/21. Regulations (18 CFR 385.211 and eRegistration link. Select the eFiling Docket Numbers: ER21–2226–000. 385.214) on or before 5:00 p.m. Eastern link to log on and submit the Applicants: Arizona Public Service time on the specified comment date. intervention or protests. Company. Protests may be considered, but Persons unable to file electronically Description: § 205(d) Rate Filing: intervention is necessary to become a may mail similar pleadings to the Service Agreement Nos. 218 and 335 to party to the proceeding. Federal Energy Regulatory Commission, be effective 7/1/2021. eFiling is encouraged. More detailed 888 First Street NE, Washington, DC Filed Date: 6/28/21. information relating to filing 20426. Hand delivered submissions in Accession Number: 20210628–5046. requirements, interventions, protests, docketed proceedings should be
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delivered to Health and Human Applicants: Energy Services Comments Due: 5 p.m. ET 7/6/21. Services, 12225 Wilkins Avenue, Providers, Inc., Dynegy Marketing and Docket Numbers: ER21–2192–000. Rockville, Maryland 20852. Trade, LLC, Massachusetts Gas & Applicants: Sempra Gas & Power In addition to publishing the full text Electric, Inc., Dynegy Power Marketing, Marketing, LLC. of this document in the Federal LLC, Public Power, LLC, Everyday Description: Application to Recover Register, the Commission provides all Energy, LLC, Everyday Energy NJ, LLC, Fuel Procurement Costs of Sempra Gas interested persons an opportunity to Public Power & Utility of NY, Inc, & Power Marketing, LLC. view and/or print the contents of this Public Power (PA), LLC, Public Power & Filed Date: 6/18/21. document via the internet through the Utility of Maryland, LLC, Illinois Power Accession Number: 20210618–5140. Commission’s Home Page (http:// Marketing Company, Dynegy Energy Comments Due: 5 p.m. ET 7/9/21. www.ferc.gov) using the ‘‘eLibrary’’ link. Services, LLC, TriEagle Energy, LP, Docket Numbers: ER21–2193–000. Enter the docket number excluding the Luminant Commercial Asset Applicants: San Diego Gas & Electric last three digits in the docket number Management LLC, Dynegy Energy Company. field to access the document. At this Services (East), LLC, Luminant Energy Description: Application to Recover time, the Commission has suspended Company LLC, Ambit Northeast, LLC, Fuel Costs of San Diego Gas & Electric access to the Commission’s Public Cincinnati Bell Energy LLC, Connecticut Company. Reference Room, due to the Gas & Electric, Inc., Energy Rewards, Filed Date: 6/23/21. proclamation declaring a National LLC, Viridian Energy NY, LLC, Viridian Accession Number: 20210623–5140. Emergency concerning the Novel Energy PA, LLC, Viridian Energy, LLC, Comments Due: 5 p.m. ET 7/14/21. Coronavirus Disease (COVID–19), issued Moss Landing Energy Storage 1, LLC, Docket Numbers: ER21–2194–000. by the President on March 13, 2020. For Oakland Power Company LLC, Moss Applicants: Southwest Power Pool, assistance, contact the Federal Energy Landing Power Company LLC. Inc. Regulatory Commission at Description: Notice of Non-Material Description: § 205(d) Rate Filing: [email protected] or call Change in Status of Energy Services 3127R4 Montana-Dakota Utilities Co. toll-free, (886) 208–3676 or TYY, (202) Providers, Inc, et al. NITSA NOA to be effective 6/1/2021. 502–8659. Filed Date: 6/23/21. Filed Date: 6/24/21. Dated: June 28, 2021. Accession Number: 20210623–5156. Comments Due: 5 p.m. ET 7/14/21. Accession Number: 20210624–5029. Debbie-Anne A. Reese, Comments Due: 5 p.m. ET 7/15/21. Deputy Secretary. Docket Numbers: ER10–2434–011; ER10–2436–011; ER10–2467–011; Docket Numbers: ER21–2195–000. [FR Doc. 2021–14239 Filed 7–1–21; 8:45 am] Applicants: NorthWestern BILLING CODE 6717–01–P ER17–1666–008. Applicants: Fenton Power Partners I, Corporation. LLC. Description: Tariff Cancellation: Cancellation of SA 893—Firm PTP TSA DEPARTMENT OF ENERGY Description: Triennial Market Power Analysis for Central Region of Fenton with Energy Keepers, Inc. to be effective Federal Energy Regulatory Power Partners I, LLC, et al. 9/1/2021. Commission Filed Date: 6/23/21. Filed Date: 6/24/21. Accession Number: 20210623–5139. Accession Number: 20210624–5030. Combined Notice of Filings #1 Comments Due: 5 p.m. ET 8/23//21. Comments Due: 5 p.m. ET 7/15/21. Docket Numbers: ER21–2196–000. Take notice that the Commission Docket Numbers: ER10–2606–014; Applicants: RE Slate 1 LLC. received the following electric corporate ER17–815–003; ER17–816–003. Description: § 205(d) Rate Filing: filings: Applicants: Consolidated Water Power Company, Verso Escanaba LLC, Certificate of Concurrence for Amended Docket Numbers: EC21–102–000. and Restated Shared Facilities Applicants: Harts Mill Solar, LLC, Verso Luke LLC. Description: Triennial Market Power Agreement to be effective 6/25/2021. Harts Mill TE Holdings LLC. Filed Date: 6/24/21. Description: Application for Analysis for Central Region of Accession Number: 20210624–5038. Authorization Under Section 203 of the Consolidated Water Power Company, et Comments Due: 5 p.m. ET 7/15/21. Federal Power Act of Harts Mill Solar, al. LLC, et al. Filed Date: 6/24/21. Docket Numbers: ER21–2197–000. Filed Date: 6/23/21. Accession Number: 20210624–5051. Applicants: New York Independent Accession Number: 20210623–5136. Comments Due: 5 p.m. ET 8/23/21. System Operator, Inc., Power Authority Comments Due: 5 p.m. ET 7/14/21. Docket Numbers: ER21–1525–001. of the State of New York. Take notice that the Commission Applicants: Centerfield Cooper Solar, Description: § 205(d) Rate Filing: Joint received the following electric rate LLC. 205 EPCA among the NYISO, NYPA and filings: Description: Tariff Amendment: NY Transco segment B SA no. 2622 to Docket Numbers: ER10–2421–006; Response to Deficiency Letter in Docket be effective 6/11/2021. ER10–2616–020; ER11–2457–006; ER21–1525 to be effective 3/27/2021. Filed Date: 6/24/21. ER11–4400–001; ER12–75–010; ER12– Filed Date: 6/23/21. Accession Number: 20210624–5047. 1769–009; ER12–2250–007; ER12–2251– Accession Number: 20210623–5120. Comments Due: 5 p.m. ET 7/15/21. 007; ER12–2252–008; ER12–2253–007; Comments Due: 5 p.m. ET 7/14/21. Docket Numbers: ER21–2198–000. ER14–883–014; ER14–1569–013; ER14– Docket Numbers: ER21–2182–000. Applicants: Avista Corporation. 2245–007; ER15–1596–013; ER15–1599– Applicants: Wisconsin Power and Description: § 205(d) Rate Filing: _ 013; ER19–102–006; ER19–158–008; Light Company. Revised Transmission Rates AVA ER19–2803–005; ER19–2806–005; Description: Request for Prospective, OATT to be effective 10/1/2021. ER19–2807–005; ER19–2809–005; Limited Waiver, et. al. of Wisconsin Filed Date: 6/24/21. ER19–2810–005; ER19–2811–005; Power and Light Company. Accession Number: 20210624–5050. ER20–2414–001; ER21–353–001; ER21– Filed Date: 6/22/21. Comments Due: 5 p.m. ET 7/15/21. 354–001. Accession Number: 20210622–5145. Docket Numbers: ER21–2199–000.
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Applicants: PJM Interconnection, fercgensearch.asp) by querying the paper hearing procedures to develop a L.L.C. docket number. further record. Description: § 205(d) Rate Filing: Any person desiring to intervene or Any interested persons who currently Amendment to ISA/CSA, Service protest in any of the above proceedings are not parties to Docket No. EL21–39– Agreement Nos. 5861 and 5862; Queue must file in accordance with Rules 211 000 may submit notices of intervention No. AB2–070 to be effective 12/1/2020. and 214 of the Commission’s or motions to intervene, as appropriate, Filed Date: 6/24/21. Regulations (18 CFR 385.211 and within 21 days of the date of the Accession Number: 20210624–5059. 385.214) on or before 5:00 p.m. Eastern Commission’s June 25, 2021 order Comments Due: 5 p.m. ET 7/15/21. time on the specified comment date. establishing paper hearing procedures. Docket Numbers: ER21–2200–000. Protests may be considered, but The briefing schedule described in Applicants: PacifiCorp. intervention is necessary to become a Ordering Paragraph (D) of the June 25, Description: § 205(d) Rate Filing: ESM party to the proceeding. 2021 order will apply to such persons. Const Agmt Elektron Solar 25 YR to be eFiling is encouraged. More detailed Dated: June 28, 2021. effective 6/25/2021. information relating to filing Debbie-Anne A. Reese, Filed Date: 6/24/21. requirements, interventions, protests, Deputy Secretary. Accession Number: 20210624–5063. service, and qualifying facilities filings [FR Doc. 2021–14240 Filed 7–1–21; 8:45 am] Comments Due: 5 p.m. ET 7/15/21. can be found at: http://www.ferc.gov/ BILLING CODE 6717–01–P Docket Numbers: ER21–2201–000. docs-filing/efiling/filing-req.pdf. For Applicants: Midcontinent other information, call (866) 208–3676 Independent System Operator, Inc. (toll free). For TTY, call (202) 502–8659. ENVIRONMENTAL PROTECTION Description: § 205(d) Rate Filing: Dated: June 24, 2021. AGENCY 2021–06–24_SA 3478 Dairyland Power- Fillmore County Solar 1st Rev GIA Debbie-Anne A. Reese, [EPA–HQ–OAR–2021–0179; FRL–10025–84– OAR] (J718) to be effective 6/15/2021. Deputy Secretary. [FR Doc. 2021–14133 Filed 7–1–21; 8:45 am] Filed Date: 6/24/21. Clean Air Act Advisory Committee Accession Number: 20210624–5064. BILLING CODE 6717–01–P (CAAAC): Notice of Meeting Comments Due: 5 p.m. ET 7/15/21. Docket Numbers: ER21–2202–000. AGENCY: Environmental Protection DEPARTMENT OF ENERGY Applicants: PJM Interconnection, Agency (EPA). ACTION: Notice of meeting. L.L.C. Federal Energy Regulatory Description: § 205(d) Rate Filing: Commission SUMMARY: Pursuant to the Federal Amendment to ISA, Service Agreement Advisory Committee Act (FACA), the No. 2515; Queue No. U2–090 to be [Docket No. EL21–39–000] Environmental Protection Agency (EPA) effective 5/5/2010. is announcing a public meeting of the Filed Date: 6/24/21. Neptune Regional Transmission Clean Air Act Advisory Committee Accession Number: 20210624–5067. System Long Island Power Authority v. (CAAAC) to be conducted via remote/ Comments Due: 5 p.m. ET 7/15/21. PJM Interconnection, L.L.C.; Notice virtual participation only. The EPA Docket Numbers: ER21–2203–000. Establishing Paper Hearing renewed the CAAAC charter on Applicants: PJM Interconnection, Procedures November 19, 2020 to provide L.L.C. independent advice and counsel to EPA Description: § 205(d) Rate Filing: On December 31, 2020, Neptune on economic, environmental, technical, Tariff Revisions Regarding Regional Transmission System, LLC scientific and enforcement policy issues Interconnection Deficiency Review (Neptune) and Long Island Power associated with implementation of the Requirements to be effective 8/23/2021. Authority (LIPA) (together, Neptune/ Clean Air Act of 1990. Filed Date: 6/24/21. LIPA), pursuant to sections 206 and 306 DATES: The CAAAC will hold its next Accession Number: 20210624–5068. of the Federal Power Act (FPA),1 filed public meeting remotely/virtually on Comments Due: 5 p.m. ET 7/15/21. a complaint alleging the assignment of Wednesday, July 21, 2021 from 1:00 Docket Numbers: ER21–2204–000. costs pursuant to the provisions of the p.m. to 4:00 p.m. (EST) and Thursday, Applicants: ENGIE Power & Gas LLC. regional cost allocation method July 22, 2021 from 1:00 p.m. to 4:00 Description: Compliance filing: Notice included in the PJM Interconnection, p.m. (EST). Members of the public may of Succession Refiling under ER21–1933 L.L.C. (PJM) Open Access Transmission register to listen to the meeting or to be effective 5/17/2021. Tariff (Tariff) results in unjust and provide comments, by emailing caaac@ Filed Date: 6/24/21. unreasonable rates. In an order issued epa.gov by 5:00 p.m. (EST) July 19, Accession Number: 20210624–5076. on June 25, 2021, the Commission found 2021. that Neptune/LIPA has raised questions Comments Due: 5 p.m. ET 7/15/21. FOR FURTHER INFORMATION CONTACT: Docket Numbers: ER21–2205–000. of material fact about the 1% de minimis threshold and netting Lorraine Reddick, Designated Federal Applicants: AEP Texas Inc. Official, Clean Air Act Advisory Description: § 205(d) Rate Filing: provisions of PJM’s solution-based DFAX method and whether the rates Committee (6103A), Environmental AEPTX—SP-Peregrine Solar Protection Agency, 1200 Pennsylvania Interconnection Agreement to be may have become unjust and unreasonable.2 The Commission found Ave. NW, Washington, DC 20460; effective 6/19/2021. telephone number: 202–564–1293; Filed Date: 6/24/21. that the record would benefit from further information and established email address: reddick.lorraine@ Accession Number: 20210624–5103. epa.gov. Additional information about Comments Due: 5 p.m. ET 7/15/21. this meeting, the CAAAC, and its 1 16 U.S.C. 824e and 825e. The filings are accessible in the 2 Neptune Reg’l Transmission Sys., LLC v. PJM subcommittees and workgroups can be Commission’s eLibrary system (https:// Interconnection, L.L.C., 175 FERC ¶ 61,247, at P 29 found on the CAAAC website: http:// elibrary.ferc.gov/idmws/search/ (2021). www.epa.gov/oar/caaac/.
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SUPPLEMENTARY INFORMATION: Pursuant comments. A fuller description of the and the environment, and to promote an to 5 U.S.C. App. 2 section 10(a)(2), ICR is given below, including its expedited transition to safe substitutes. notice is hereby given that the Clean Air estimated burden and cost to the public. To promote this transition, the CAA Act Advisory Committee will hold its An agency may not conduct or sponsor specified that EPA establish an next public meeting remotely/virtually and a person is not required to respond information clearinghouse of available on Wednesday, July 21, 2021 from 1:00 to a collection of information unless it alternatives, and coordinate with other p.m. to 4:00 p.m. and Thursday, July 22, displays a currently valid OMB control Federal agencies and the public on 2021 from 1:00 p.m. to 4:00 p.m. (EST). number. research, procurement practices, and The committee agenda and any DATES: Additional comments may be information and technology transfers. documents prepared for the meeting submitted on or before August 2, 2021. Since the program’s inception in will be publicly available on the ADDRESSES: Submit your comments, 1994, SNAP has reviewed close to 500 CAAAC website at http://www.epa.gov/ referencing Docket ID No. EPA–HQ– new chemicals and alternative caaac/ prior to the meeting. Thereafter, OAR–2020–0579, online using manufacturing processes for a wide these documents, together with CAAAC www.regulations.gov (our preferred range of consumer, industrial, space meeting minutes, will be available on method), or by mail to: EPA Docket exploration, and national security the CAAAC website or by contacting the Center, Environmental Protection applications. Roughly 90% of Office of Air and Radiation Docket and Agency, Mail Code 28221T, 1200 alternatives submitted to EPA for review requesting information under docket Pennsylvania Ave. NW, Washington, DC have been listed as acceptable for a EPA–HQ–OAR–2021–0179. The docket 20460. EPA’s policy is that all specific use, typically with some office can be reached by email at: a-and- comments received will be included in condition or limit to minimize risks to [email protected] or FAX: 202–566– the public docket without change human health and the environment. 9744. including any personal information Regulations promulgated under SNAP For information on access or services provided, unless the comment includes require that Motor Vehicle Air for individuals with disabilities, please profanity, threats, information claimed Conditioners (MVACs) retrofitted to use contact Lorraine Reddick at to be Confidential Business Information a SNAP substitute refrigerant include [email protected], preferably at (CBI), or other information whose basic information on a label to be least 7 days prior to the meeting to give disclosure is restricted by statute. affixed to the air conditioner. The label EPA as much time as possible to process Submit written comments and includes the name of the substitute your request. recommendations to OMB for the refrigerant, when and by whom the retrofit was performed, environmental Dated: June 28, 2021. proposed information collection within 30 days of publication of this notice to and safety information about the John Shoaff, www.reginfo.gov/public/do/PRAMain. substitute refrigerant, and other Director, Office of Air Policy and Program Find this particular information information. This information is needed Support. collection by selecting ‘‘Currently under so that subsequent technicians working [FR Doc. 2021–14156 Filed 7–1–21; 8:45 am] 30-day Review—Open for Public on the MVAC system will be able to BILLING CODE 6560–50–P Comments’’ or by using the search service the equipment properly, function. decreasing the likelihood of significant FOR FURTHER INFORMATION CONTACT: refrigerant cross-contamination and ENVIRONMENTAL PROTECTION potential failure of air conditioning AGENCY Christina Thompson, Environmental Protection Agency, Stratospheric systems and recovery/recycling [EPA–HQ–OAR–2020–0579; FRL–10025–87– Protection Division, Office of equipment. OMS] Atmospheric Programs, MC 6205T, Form Numbers: None. Respondents/affected entities: Entities Environmental Protection Agency, 1200 Information Collection Request potentially affected by this action are Pennsylvania Ave. NW, Washington, DC Submitted to OMB for Review and new and used car dealers, gas service 20460; telephone number: (202) 564– Approval; Comment Request; Mobile stations, top and body repair shops, 0983; email address: Air Conditioner Retrofitting Program general automotive repair shops, [email protected]. (Renewal) automotive repair shops not elsewhere SUPPLEMENTARY INFORMATION: classified, including air conditioning AGENCY: Environmental Protection Supporting documents which explain in and radiator specialty shops. Agency (EPA). detail the information that the EPA will Respondent’s obligation to respond: ACTION: Notice. be collecting are available in the public Mandatory under 40 CFR 82.180. docket for this ICR. The docket can be Estimated number of respondents: 3 SUMMARY: The Environmental Protection viewed online at https:// (total). Agency has submitted an information www.regulations.gov. The telephone Frequency of response: Once per collection request (ICR), Mobile Air number for the Docket Center is 202– retrofit of a motor vehicle air Conditioner Retrofitting Program (EPA 566–1744. For further information on conditioner. ICR Number 1774.08, OMB Control EPA Docket Center services and the Total estimated burden: Less than one Number 2060–0350) to the Office of current status, please visit https:// hour (per year). Burden is defined at 5 Management and Budget (OMB) for www.epa.gov/dockets. CFR 1320.3(b). review and approval in accordance with Abstract: EPA’s Significant New Total estimated cost: $3.64 (per year), the Paperwork Reduction Act. This is a Alternatives Policy (SNAP) program includes $0.10 (per year) annualized proposed extension of the ICR, which is implements Section 612 of the 1990 capital or operation & maintenance currently approved through August 31, Clean Air Act (CAA) Amendments costs. 2021. Public comments were previously which authorizes the Agency to Changes in estimates: There is a requested via the Federal Register on establish regulatory requirements to decrease of less than one hours in the January 19, 2021 during a 60-day ensure that ozone-depleting substances total estimated respondent burden comment period. This notice allows for (ODS) are replaced by alternatives that compared with the ICR currently an additional 30 days for public reduce overall risks to human health approved by OMB (per year). This
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decrease is based on the decline of EXPORT-IMPORT BANK ‘‘Summary Minutes of Meetings of MVACs in service today using Board of Directors’’ on http://exim.gov/ [Public Notice: EIB–2021–0002] chlorofluorocarbons (CFCs), specifically newsandevents/boardmeetings/board/. CFC–12. Application for Final Commitment for a Confidential Information: Please note that this notice does not include Courtney Kerwin, Long-Term Loan or Financial confidential or proprietary business Director, Regulatory Support Division. Guarantee in Excess of $100 Million: AP089408XX information; information which, if [FR Doc. 2021–14121 Filed 7–1–21; 8:45 am] disclosed, would violate the Trade BILLING CODE 6560–50–P AGENCY: Export-Import Bank. Secrets Act; or information which ACTION: Notice. would jeopardize jobs in the United States by supplying information that ENVIRONMENTAL PROTECTION SUMMARY: This Notice is to inform the competitors could use to compete with AGENCY public the Export-Import Bank of the companies in the United States. United States (‘‘EXIM’’) has received an [ER–FRL–9057–2] Authority: Section 3(c)(10) of the Export- application for final commitments for Import Bank Act of 1945, as amended (12 Environmental Impact Statements; aggregated long-term loans or financial U.S.C. 635a(c)(10)). Notice of Availability guarantees in excess of $100 million. Comments received within the comment Joyce B. Stone, Responsible Agency: Office of Federal period specified below will be Assistant Corporate Secretary. Activities, General Information 202– presented to the EXIM Board of [FR Doc. 2021–14171 Filed 7–1–21; 8:45 am] 564–5632 or https://www.epa.gov/nepa. Directors prior to final action on these BILLING CODE 6690–01–P Weekly receipt of Environmental Impact Transactions. Statements (EIS) DATES: Comments must be received on Filed June 21, 2021 10 a.m. EST or before July 27, 2021 to be assured of FEDERAL COMMUNICATIONS Through June 28, 2021 10 a.m. EST consideration before final consideration COMMISSION Pursuant to 40 CFR 1506.9. of the transactions by the Board of [FRS 33845; DA 21–593] Notice Directors of EXIM. Section 309(a) of the Clean Air Act ADDRESSES: Comments may be Alert Reporting System Available for requires that EPA make public its submitted through Regulations.gov at Filing of State Emergency Alert System comments on EISs issued by other WWW.REGULATIONS.GOV. To submit Plans Federal agencies. EPA’s comment letters a comment, enter EIB–2021–0002 under the heading ‘‘Enter Keyword or ID’’ and AGENCY: Federal Communications on EISs are available at: https:// Commission. cdxnodengn.epa.gov/cdx-enepa-public/ select Search. Follow the instructions ACTION: action/eis/search. provided at the Submit a Comment Notice. screen. Please include your name, EIS No. 20210084, Final, NMFS, ME, company name (if any) and EIB–2021– SUMMARY: The Federal Communications Regulatory Impact Review and Final 0002 on any attached document. Commission (Commission or FCC) Regulatory Flexibility Analysis for announces that its Alert Reporting SUPPLEMENTARY INFORMATION: Amending the Atlantic Large Whale System (ARS) is now open for the filing Reference: AP089408XX. Take Reduction Plan: Risk Reduction of State Emergency Alert System (EAS) Purpose and Use: Rule, Review Period Ends: 08/02/ Plans. Brief description of the purpose of the 2021, Contact: Jennifer Anderson FOR FURTHER INFORMATION CONTACT: 978–281–9226. transactions: To support the export of U.S.-manufactured long haul wide-body David Munson, Attorney Advisor, EIS No. 20210085, Final, BLM, CO, Blue Public Safety and Homeland Security Valley Ranch Land Exchange, Review commercial aircraft to Canada. Brief non-proprietary description of Bureau, at (202) 418–2921, or by email Period Ends: 08/02/2021, Contact: at [email protected]. William Mills 970–724–3001. the anticipated use of the items being SUPPLEMENTARY INFORMATION: This is a EIS No. 20210086, Draft, FERC, LA, East exported: To be used for passenger and summary of the Public Notice (DA 21– Lateral Xpress Project, Comment cargo air transport mainly within 593), released May 25, 2021, Period Ends: 08/16/2021, Contact: Canada, between Canada and Europe announcing that the ARS, adopted in Office of External Affairs 866–208– and between Canada and other North the State EAS Plan Order, PS Docket No. 3372. American destinations. To the extent that EXIM is reasonably 15–94, FCC 18–39, adopted on March Amended Notice aware, the item(s) being exported may 28, 2018, released on April 10, 2018, EIS No. 20210047, Draft Supplement, be used to produce exports or provide and published at 83 FR 37750 (August FHWA, KS, South Lawrence services in competition with the 2, 2018), is now fully operational and Trafficway, Comment Period Ends: exportation of goods or provision of available to receive State EAS Plan 09/30/2021, Contact: Javier Ahumada services by a United States industry. filings. 785–273–2649. Revision to FR Notice Parties: The EAS is a national public warning Published 05/07/2021; Extending the Principal Supplier: The Boeing system used by state, local, federal, Comment Period from 06/21/2021 to Company. Tribal and territorial alert originators to 09/30/2021. Obligor: WestJet. deliver emergency alerts to the public. Guarantor(s): WestJet Group Inc. and The ARS is an online filing system for Dated: June 28, 2021. subsidiaries. the filing of State EAS Plans by State Cindy S. Barger, Description of Items Being Exported: Emergency Communications Director, NEPA Compliance Division, Office Boeing 787 aircraft. Committees (SECCs). State EAS Plans of Federal Activities. Information on Decision: Information must describe state and local EAS [FR Doc. 2021–14172 Filed 7–1–21; 8:45 am] on the final decision for these operations and contain guidelines that BILLING CODE 6560–50–P transactions will be available in the must be followed to activate the EAS.
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In the State EAS Plan Order, in (OMB) approval for a revision to a 110 Comment Public Notice (FCC 21– addition to adopting the ARS, the currently approved public information 33) in which it announced that an Commission amended sections 11.18 collection pursuant to the Paperwork auction for licenses in the 3.45–3.55 and 11.21, 47 CFR 11.18 and 11.21, Reduction Act of 1995. An agency may GHz band will begin in early October respectively, of its rules governing EAS not conduct or sponsor a collection of 2021 and requested comment on designations and State EAS Plan information unless it displays a proposed procedures for the auction. content, and stated that both the currently valid OMB control number, Among other things, the Auction 110 electronic submission of State EAS and no person is required to respond to Comment Public Notice proposed that, Plans by SECCs using the ARS, and a collection of information unless it in addition to making the certifications compliance with the amendments displays a currently valid control already required by the Commission’s adopted to sections 11.18 and 11.21, number. Comments concerning the rules in its FCC Form 175 auction would be required ‘‘within one year of accuracy of the burden estimates and application, each Auction 110 applicant publication in the Federal Register of a any suggestions for reducing the burden also be required to certify that it has Public Notice announcing: (i) Office of should be directed to the person listed read the public notice adopting Management and Budget (OMB) in the FOR FURTHER INFORMATION procedures for the auction and that it approval of ARS information collection CONTACT section below. has familiarized itself both with the requirements or (ii) the availability of FOR FURTHER INFORMATION CONTACT: auction procedures and with the the ARS to receive such information, Cathy Williams, Office of the Managing requirements for obtaining a license and whichever is later.’’ Director, at (202) 418–2918, or email: operating facilities in the 3.45–3.55 GHz On July 23, 2019, notice of OMB’s [email protected]. band. On May 19, 2021, the approval of the information collection SUPPLEMENTARY INFORMATION: Commission’s Office of Economics and requirements associated with ARS was OMB Control Number: 3060–0600. Analytics and Wireless published in the Federal Register, OMB Approval Date: June 28, 2021. Telecommunications Bureau released a Federal Communications Commission, OMB Expiration Date: December 31, Public Notice (DA 21–567) adopting the Emergency Alert System; Wireless 2021. proposed additional certification Emergency Alerts, 84 FR 35334 (July 23, Title: Application to Participate in an requirement for applicants seeking to 2019). Accordingly, publication of this FCC Auction, FCC Form 175. participate in Auction 110. The revised Notice in the Federal Register of ARS’s Form Number: FCC Form 175. collection will enable the Commission availability to receive State EAS Plan Respondents: Business or other for- to confirm that an auction applicant has filings triggers the one-year deadline for profit entities, not-for-profit institutions, read the public notice adopting (i) electronic submission of State EAS and state, local or tribal governments. procedures for the auction and has Plans via ARS, and compliance with the Estimated Number of Respondents familiarized itself both with the auction amendments to Sections 11.18 and and Responses: 500 respondents and procedures and with the requirements 11.21 adopted in the State EAS Plan 500 responses. for obtaining a license and operating Order. Accordingly, electronic Estimated Time per Response: 90 facilities in the 3.45–3.55 GHz band submission of State EAS Plans using the minutes. through the applicant’s certification to ARS, and compliance with the EAS Frequency of Response: On occasion that effect in its FCC Form 175 designations at 47 CFR 11.18 and the reporting requirement. application. State EAS Plan content rules at 47 CFR Obligation to Respond: Required to obtain or retain benefits. Statutory The Commission’s auction rules and 11.21, will be required on or by July 5, related requirements are designed to 2022. SECCs may access the ARS at authority for the currently approved information collection is contained in ensure that the competitive bidding https://www.fcc.gov/licensing- process is limited to serious qualified databases/fcc-user-login. sections 154(i) and 309(j)(5) of the Communications Act, as amended, 47 applicants, deter possible abuse of the For further information about ARS bidding and licensing processes, and and/or the filing process, please contact U.S.C. 4(i), 309(j)(5), and sections 1.2105, 1.2110, 1.2112 of the enhance the use of competitive bidding David Munson at (202) 418–2921 or to assign Commission licenses and [email protected]. Commission’s rules, 47 CFR 1.2105, 1.2110, 1.2112. permits in furtherance of the public Federal Communications Commission. Estimated Total Annual Burden: 750 interest. The information collected on Marlene H. Dortch, hours. FCC Form 175 is used by the Secretary. Total Annual Costs: None. Commission to determine if an [FR Doc. 2021–14206 Filed 7–1–21; 8:45 am] Nature and Extent of Confidentiality: applicant is legally, technically, and financially qualified to participate in an BILLING CODE 6712–01–P Information collected on FCC Form 175 is made available for public inspection, auction for Commission licenses or and the Commission is not requesting permits. Additionally, if an applicant FEDERAL COMMUNICATIONS that respondents submit confidential applies for status as a particular type of COMMISSION information on FCC Form 175. auction participant pursuant to However, to the extent a respondent Commission rules, the Commission uses [OMB 3060–0600; FRS 36044] seeks to have certain information information collected on FCC Form 175 to determine whether the applicant is Information Collection Approved by collected on FCC Form 175 withheld eligible for the status requested. the Office of Management and Budget from public inspection, the respondent may request confidential treatment of Commission staff reviews the AGENCY: Federal Communications such information pursuant to section information collected on FCC Form 175 Commission. 0.459 of the Commission’s rules, 47 CFR for a particular auction as part of the ACTION: Notice. 0.459. pre-auction process, prior to the auction Privacy Act Impact Assessment: No being held. Staff determines whether SUMMARY: The Federal Communications impact(s). each applicant satisfies the Commission (Commission) has received Needs and Uses: On March 17, 2021, Commission’s requirements to Office of Management and Budget the Commission adopted the Auction participate in the auction and, if an
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applicant claims status as a particular the recording, visit http:// Roberton Family Control Group, a group type of auction participant, whether that fdic.windrosemedia.com/index.php? acting in concert, to retain voting shares applicant is eligible for the status category=Community+Banking+ of Rushford State Bancorp, Inc., and claimed. The Commission plans to Advisory+Committee. If you require a thereby indirectly retain voting shares of continue to use the Form 175 for its reasonable accommodation to Rushford State Bank, both of Rushford, upcoming auctions for Commission participate, please contact Minnesota. licenses and permits, including the [email protected] or call 703– B. Federal Reserve Bank of Chicago forward auction component of any 562–2096 to make the necessary (Colette A. Fried, Assistant Vice incentive auction, collecting only the arrangements. For optimal viewing, a President) 230 South LaSalle Street, information necessary for each high-speed internet connection is Chicago, Illinois 60690–1414: particular auction. recommended. 1. Abigail Goodenow, West Des Moines, Iowa; Nicholas Goodenow, Federal Communications Commission. Federal Deposit Insurance Corporation. Okoboji, Iowa; John M. Blum, Katura Jackson, Dated at Washington, DC, on June 29, 2021. Centennial, Colorado; and Katie Blum Federal Register Liaison Officer, Office of the Debra A. Decker, Cone, Storm Lake, Iowa; to join the Secretary. Deputy Executive Secretary. Goodenow Family Control Group, a [FR Doc. 2021–14231 Filed 6–30–21; 11:15 am] [FR Doc. 2021–14185 Filed 7–1–21; 8:45 am] group acting in concert, to retain voting BILLING CODE 6712–01–P BILLING CODE 6714–01–P shares of Goodenow Bancorporation, Okoboji, Iowa, and thereby indirectly retain voting shares of Bank Midwest, FEDERAL DEPOSIT INSURANCE FEDERAL RESERVE SYSTEM Spirit Lake, Iowa. CORPORATION Board of Governors of the Federal Reserve Change in Bank Control Notices; System, June 29, 2021. FDIC Advisory Committee on Acquisitions of Shares of a Bank or Community Banking; Notice of Meeting Michele Taylor Fennell, Bank Holding Company Deputy Associate Secretary of the Board. AGENCY: Federal Deposit Insurance The notificants listed below have [FR Doc. 2021–14215 Filed 7–1–21; 8:45 am] Corporation (FDIC). applied under the Change in Bank BILLING CODE P ACTION: Notice of open meeting. Control Act (Act) (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 SUMMARY: In accordance with the CFR 225.41) to acquire shares of a bank FEDERAL RESERVE SYSTEM Federal Advisory Committee Act, notice or bank holding company. The factors Change in Bank Control Notices; is hereby given of a meeting of the FDIC that are considered in acting on the Acquisitions of Shares of a Bank or Advisory Committee on Community applications are set forth in paragraph 7 Bank Holding Company Banking. The Advisory Committee will of the Act (12 U.S.C. 1817(j)(7)). provide advice and recommendations The public portions of the The notificants listed below have on a broad range of policy issues that applications listed below, as well as applied under the Change in Bank have particular impact on small other related filings required by the Control Act (Act) (12 U.S.C. 1817(j)) and community banks throughout the Board, if any, are available for § 225.41 of the Board’s Regulation Y (12 United States and the local communities immediate inspection at the Federal CFR 225.41) to acquire shares of a bank they serve. Reserve Bank(s) indicated below and at or bank holding company. The factors DATES: Thursday, July 22, 2021, from the offices of the Board of Governors. that are considered in acting on the 1:00 p.m. to 5:00 p.m. This information may also be obtained applications are set forth in paragraph 7 FOR FURTHER INFORMATION CONTACT: on an expedited basis, upon request, by of the Act (12 U.S.C. 1817(j)(7)). Requests for further information contacting the appropriate Federal The public portions of the concerning the meeting may be directed Reserve Bank and from the Board’s applications listed below, as well as to Debra A. Decker, Committee Freedom of Information Office at other related filings required by the Management Officer of the FDIC at (202) https://www.federalreserve.gov/foia/ Board, if any, are available for 898–8748. request.htm. Interested persons may immediate inspection at the Federal SUPPLEMENTARY INFORMATION: express their views in writing on the Reserve Bank(s) indicated below and at Agenda: The agenda will include a standards enumerated in paragraph 7 of the offices of the Board of Governors. discussion of current issues affecting the Act. This information may also be obtained community banking. The agenda is Comments regarding each of these on an expedited basis, upon request, by subject to change. Any changes to the applications must be received at the contacting the appropriate Federal agenda will be announced at the Reserve Bank indicated or the offices of Reserve Bank and from the Board’s beginning of the meeting. the Board of Governors, Ann E. Freedom of Information Office at Type of Meeting: The meeting is open Misback, Secretary of the Board, 20th https://www.federalreserve.gov/foia/ to the public. Out of an abundance of Street and Constitution Avenue NW, request.htm. Interested persons may caution related to current and potential Washington, DC 20551–0001, not later express their views in writing on the coronavirus developments, the public’s than July 19, 2021. standards enumerated in paragraph 7 of means to observe this meeting of the A. Federal Reserve Bank of the Act. FDIC Advisory Committee on Minneapolis (Chris P. Wangen, Comments regarding each of these Community Banking will be via a Assistant Vice President), 90 Hennepin applications must be received at the Webcast live on the internet. In Avenue, Minneapolis, Minnesota Reserve Bank indicated or the offices of addition, the meeting will be recorded 55480–0291: the Board of Governors, Ann E. and subsequently made available on- 1. The Lorene M. Roberton Misback, Secretary of the Board, 20th demand approximately two weeks after Testamentary Trust, James T. Roberton, Street and Constitution Avenue NW, the event. To view the live event, visit individually, and as trustee, both of Washington, DC 20551–0001, not later http://fdic.windrosemedia.com. To view Ramsey, Minnesota; as members of the than July 19, 2021.
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A. Federal Reserve Bank of Atlanta DATES: Nominations for individuals to for arriving at and providing reasonable (Erien O. Terry, Assistant Vice serve on the ABRWH must be submitted estimates of the radiation doses received President) 1000 Peachtree Street NE, (postmarked, if sending by mail; by individuals applying for assistance Atlanta, Georgia 30309. Comments can submitted electronically; or received, if under this program for whom there are also be sent electronically to hand delivered) no later than August 2, inadequate records of radiation [email protected]: 2021. Packages received after this time exposure; (2) the scientific validity and 1. The Sue Soileau Trust, Steven G. will not be considered. quality of dose reconstruction efforts Durio and Anthony Kip Bertrand, as co- ADDRESSES: Nominations may be performed for purposes of the trustees, The David C. Brignac, Jr. Trust, submitted, including attachments, by compensation program; and (3) upon Steven G. Durio, as trustee, all of any of the following methods below: request by the Secretary, HHS, whether Lafayette, Louisiana; and the • Electronically: Email: there is a class of employees at any DOE Washington State Bancshares Employee (recommended) to Nancy Adams, dcas@ or AWE facility who were exposed to Stock Ownership Plan (ESOP), cdc.gov (specify in the email subject radiation but for whom it is not feasible Washington Louisiana, Steven G. Durio, line, ‘‘Advisory Board on Radiation and to estimate their radiation dose, and on as trustee of the ESOP, as a group acting Worker Health Nomination’’); or whether there is reasonable likelihood • in concert to acquire additional voting Mail: Express Delivery, hand that such radiation dose may have shares of Washington State Bancshares, delivery messenger, or courier service: endangered the health of members of Inc. and thereby indirectly acquire Submit one copy of all required the class. More information on the additional voting shares of Washington documents to the following address: ABRWH is available at https:// State Bank, both of Washington, Nancy Adams, ABRWH, Office of the www.cdc.gov/niosh/ocas/ocasadv.html. As required by 42 U.S.C. 7384o(a)(2), Louisiana. Director, National Institute of Occupational Safety and Health, Centers the President shall make appointments Board of Governors of the Federal Reserve for Disease Control and Prevention, 395 to the Board in consultation with System, June 28, 2021. E Street SW, Suite 9200, Patriots Plaza, organizations with expertise on worker Michele Taylor Fennell, Washington, DC 20201. health issues in order to ensure that the Deputy Associate Secretary of the Board. Follow-up communications with membership of the Board reflects a [FR Doc. 2021–14153 Filed 7–1–21; 8:45 am] nominees may occur as necessary balance of scientific, medical, and BILLING CODE P throughout the process. worker perspectives. The U.S. FOR FURTHER INFORMATION CONTACT: Department of Health and Human Nancy Adams, National Institute for Services (HHS) policy stipulates that Occupational Safety and Health committee membership shall be made DEPARTMENT OF HEALTH AND (NIOSH); Telephone: (540) 431–8024; without discrimination on the basis of HUMAN SERVICES Email: [email protected] (Specify in the race, color, sex, religion, ethnicity, age, email subject line, ‘‘Advisory Board on disability, gender, sexual orientation, Centers for Disease Control and Radiation and Worker Health gender identity, HIV status, genetic Prevention Nomination’’). information, cultural, religious, or socioeconomic status. Minorities, Solicitation of Nominations for SUPPLEMENTARY INFORMATION: The women, and people with disability are Appointment to the Advisory Board on Centers for Disease Control and encouraged to submit their nomination. Radiation and Worker Health for the Prevention (CDC) invites interested Nominees must be U.S. citizens, and Energy Employees Occupational parties to submit nominations for cannot be full-time employees of the Illness Compensation Program Act of individuals to serve on the ABRWH for U.S. government. Current participation 2000 the Energy Employees Occupational on Federal workgroups or prior Illness Compensation Program Act of experience serving on a Federal ACTION: Notice. 2000. The ABRWH was established advisory committee does not disqualify pursuant to Section 3624 of Public Law a candidate; however, HHS policy is to SUMMARY: The Centers for Disease 106–398, and Section 4 of Executive avoid excessive individual service on Control and Prevention (CDC) is seeking Order 13179, ‘‘Providing Compensation advisory committees and multiple nominations for membership on the to America’s Nuclear Weapons committee memberships. ABRWH Advisory Board on Radiation and Workers,’’ dated December 7, 2000. The members are Special Government Worker Health (ABRWH) for the Energy ABRWH is governed by the provisions Employees (SGEs), requiring the filing Employees Occupational Illness of the Federal Advisory Committee Act, of financial disclosure reports, and they Compensation Program Act of 2000 Public Law 92–463, as amended (5 serve with compensation and may (EEOICPA). The ABRWH consists of not U.S.C. app. 2), which sets forth receive reimbursement for travel more than 20 members appointed by the standards for the formation and use of expenses for their attendance at President of the United States, and shall advisory committees. The statutory ABRWH meetings, including per diem reflect a balance of scientific, medical, authority for the ABRWH is codified at in lieu of subsistence, as authorized by and worker perspectives. Nominations 42 U.S.C. 7384o. The ABRWH currently the Federal travel regulations. The are being sought for individuals who operates under Executive Order 13889, activities of the ABRWH may have expertise and qualifications dated September 27, 2019. necessitate its members to obtain a top- necessary to contribute to the Section 4(b) of Executive Order 13179 secret security clearance. accomplishments of the ABRWH’s establishes that the ABRWH shall HHS may consider representation of a objectives. Nominees will be appointed provide advice to the Secretary, HHS on nominee’s knowledge, experience, and based on their demonstrated (1) the development of guidelines to expertise in the fields of health physics, qualifications, professional experience, assess the likelihood that an individual industrial hygiene, toxicology, and knowledge of issues the ABRWH with cancer sustained the cancer in the epidemiology, occupational medicine, may be asked to consider. Federal performance of duty at a Department of or the worker perspective in the nuclear employees will not be considered for Energy (DOE) or an Atomic Weapons facilities spanning the operationally and membership. Employer (AWE) facility, and methods geographically diverse DOE and AWE
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facilities covered by the EEOICPA employed by an HHS agency (e.g., CDC, (d) Minimize the burden of the programs; or familiarity, experience, or NIH, FDA, etc.). collection of information on those who history of participation with the The Director, Strategic Business are to respond, including, through the EEOICPA program. Any interested Initiatives Unit, Office of the Chief use of appropriate automated, person or organization may nominate Operating Officer, Centers for Disease electronic, mechanical, or other one or more individuals for Control and Prevention, has been technological collection techniques or membership. Interested persons are also delegated the authority to sign Federal other forms of information technology, invited and encouraged to submit Register notices pertaining to e.g., permitting electronic submission of statements in support of nominees. announcements of meetings and other responses; and The ABRWH consists of not more committee management activities, for (e) Assess information collection than 20 members appointed by the both the Centers for Disease Control and costs. President of the United States. As Prevention and the Agency for Toxic To request additional information on required by 42 U.S.C. 7384o(a)(2), the Substances and Disease Registry. the proposed project or to obtain a copy President makes appointments to the of the information collection plan and ABRWH in consultation with Kalwant Smagh, instruments, call (404) 639–7570. organizations with expertise on worker Director, Strategic Business Initiatives Unit, Comments and recommendations for the health issues in order to ensure that the Office of the Chief Operating Officer, Centers proposed information collection should membership of the ABRWH reflects a for Disease Control and Prevention. be sent within 30 days of publication of balance of scientific, medical, and [FR Doc. 2021–14204 Filed 7–1–21; 8:45 am] this notice to www.reginfo.gov/public/ worker perspectives. As required by 42 BILLING CODE 4163–18–P do/PRAMain. Find this particular U.S.C. 7384o(a)(3), the President information collection by selecting designates a Chair for the ABRWH from ‘‘Currently under 30-day Review—Open among its members. The authorizing DEPARTMENT OF HEALTH AND for Public Comments’’ or by using the statutory provision under 42 U.S.C. HUMAN SERVICES search function. Direct written 7384o and Section 4 of Executive Order comments and/or suggestions regarding Centers for Disease Control and 13179 do not include a limit for terms the items contained in this notice to the Prevention of appointment for ABRWH members. Attention: CDC Desk Officer, Office of Nomination Process: Any interested [30Day–21–0307] Management and Budget, 725 17th person or organization may nominate Street NW, Washington, DC 20503 or by one or more qualified individuals for Agency Forms Undergoing Paperwork fax to (202) 395–5806. Provide written membership. If you would like to Reduction Act Review comments within 30 days of notice nominate an individual or yourself for publication. appointment to the ABRWH, please In accordance with the Paperwork Proposed Project submit the following information: Reduction Act of 1995, the Centers for • The nominee’s contact information Disease Control and Prevention (CDC) Gonococcal Isolate Surveillance (name, title, business address, business has submitted the information Project—Revision—National Center for phone, fax number, and/or business collection request titled ‘‘Gonococcal HIV/AIDS, Viral Hepatitis, STD, TB email address) and current employment Isolate Surveillance Project (GISP)’’ to Prevention (NCHHSTP), Centers for or position. the Office of Management and Budget Disease Control and Prevention (CDC). • A copy of the nominee’s resume or (OMB) for review and approval. CDC Background and Brief Description curriculum vitae; category of previously published a ‘‘Proposed Data membership (e.g., scientific, medical, Collection Submitted for Public The Gonococcal Isolate Surveillance and/or worker perspective) that the Comment and Recommendations’’ Project (GISP) was created in 1986 to nominee represents; a summary of the notice on March 8, 2021 to obtain monitor trends in antimicrobial background, experience, and comments from the public and affected susceptibilities of Neisseria gonorrhoeae qualifications that addresses the agencies. CDC did not receive comments strains in the United States. GISP nominee’s suitability for the nominated related to the previous notice. This continues to be a collaboration between membership category identified above. notice serves to allow an additional 30 different branches of the CDC’s Division • Articles or other documents the days for public and affected agency of STD Prevention, selected regional nominee has authored that indicate the comments. laboratories, and selected state/local nominee’s knowledge, experience, and CDC will accept all comments for this public health departments and their expertise in the fields of health physics, proposed information collection project. associated STD specialty care clinics in industrial hygiene, toxicology, The Office of Management and Budget the United States. National epidemiology, occupational medicine, is particularly interested in comments organizations, local jurisdictions and or the worker perspective in the nuclear that: individuals use data collected in GISP facilities covered by the EEOICPA (a) Evaluate whether the proposed to understand, monitor, and prevent program; or familiarity, experience, or collection of information is necessary further transmission of antibiotic history of participation with the for the proper performance of the resistant strains of N. gonorrhoeae. Data EEOICPA program. Nominations may be functions of the agency, including from GISP are used to establish a submitted by the candidate him or whether the information will have scientific basis for the selection of herself, or by the person/organization practical utility; gonococcal therapies and to allow pro- recommending the candidate. (b) Evaluate the accuracy of the active changes to treatment guidelines • At least one letter of agencies estimate of the burden of the before widespread resistance and recommendation from person(s) not proposed collection of information, failures of treatment occur. To increase employed by the U.S. Department of including the validity of the capacity to detect and monitor resistant Health and Human Services. Candidates methodology and assumptions used; gonorrhea and to improve the specificity may submit letter(s) from current HHS (c) Enhance the quality, utility, and of GISP, this revision is being submitted employees if they wish, but at least one clarity of the information to be to include collection of remnant nucleic letter must be submitted by a person not collected; acid amplification test (NAAT)
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specimens and updated data element accepted. We anticipate that 10 sites A Patient ID, a unique patient identifier options for treatment received based on will participate in this molecular assigned by the site that allows for the 2020 updated gonorrhea treatment surveillance activity and we anticipate linking of multiple isolates from a single recommendations. up to 70 positive remnant NAAT person at a single clinic visit and across GISP core surveillance activities specimens per month will be sent by multiple clinic visits, is requested and sample <4% of reported male gonorrhea each of these 10 sites to CDC for testing. will be provided to CDC for purposes of cases in the United States and are To maintain accurate collection of enhanced surveillance. Sensitive limited to urethral infections only. In GISP data elements, this revision also information such as sex of sex partners, 2018, enhanced GISP (eGISP) began includes the updated weight-based HIV status, sex work exposure, and sampling female genital (endocervical dosing of ceftriaxone and cefixime. In injection drug use are collected. Patient and vaginal) and male and female December 2020, CDC released the data are obtained through review of extragenital (pharyngeal and rectal) ‘‘Update to CDC’s Treatment Guidelines medical records by the clinic staff and anatomic sites, in addition to the male for Gonococcal Infection.’’ These new genital site already sampled in GISP treatment recommendations increased included in collection reporting of core surveillance. Including isolates the dose of the recommended regimen demographic/clinical information. All from the pharynx and other anatomic and the dose for an alternative regimen personally identifiable information (PII) sites, as well as from women, expands (ceftriaxone and cefixime, respectively). is retained by the STD clinics that on GISP’s public health efforts to detect These values, collected and recorded treated the patient and is not recorded and respond to resistance more quickly. under the received treatment data with data sent to CDC or regional GISP surveillance was also strengthened element, are being added to allow for laboratories. The electronic GISP with the addition of eGISP by the collection of treatment data database is stored on the CDC identifying isolates that are culture consistent with these updated mainframe computer and only approved positive for N. gonorrhoeae, but recommendations. Division of STD Prevention (DSTDP) negative by NAAT, which is a more Under this revision, the data staff have access rights to the data. As specific diagnostic test. This helped to collection and processes for all GISP part of the revision, we will continue to ensure that non-gonococcal bacteria are activities are unchanged. The increased systematically identify the risks and excluded from gonococcal data, dosages for ceftriaxone and cefixime potential effects of collecting, strengthening the accuracy and treatments allow for new data element maintaining, and disseminating PII and usefulness of GISP data, especially options, but not a change in the number to examine and evaluate alternative when clinical syndromes with other of data elements or the current work processes for handling that information Neisseria species are indistinguishable demand to collect them. All to mitigate potential privacy risks and from gonorrhea. demographic/clinical data from the risks to confidentiality. To further improve and strengthen sentinel sites will be submitted The CDC has designated N. GISP surveillance, an additional electronically directly from the sentinel enhanced surveillance activity in the sites to the GISP data manager at CDC gonorrhoeae as one of five ‘‘urgent’’ form of molecular surveillance has been through; (1) a secure data portal, or (2) antibiotic resistance threats in the added to this revision. Participating through the CDC Secure Access United States. The CDC is requesting a sites already locally performing NAATs Management Services partner portal. To three-year OMB approval for this would retain the leftover gonorrhea- minimize burden, comma-separated revision, which directly responds to the positive samples (remnant) after values (csv) files that provide National Strategy for Combating diagnostic results have been determined standardized structure of the electronic Antibiotic Resistant Bacteria by and reported as part of standard care. data are provided to sentinel sites and improving and strengthening The gonorrhea-positive remnant NAAT laboratories. Additionally, to further surveillance of antimicrobial resistance sample would be frozen, stored, and minimize burden, the regional through GISP. GISP data can help then shipped directly to CDC on a laboratories will be able to extract monitor and evaluate the effectiveness monthly basis for molecular electronic data directly from electronic of public health interventions characterization of known resistance- laboratory information systems instead conducted to support the National conferring gene mutations. Remnant of hand entering data. Laboratories are Strategy for Combating Antibiotic NAAT specimens from any anatomic not required to report control strain Resistant Bacteria. There are no costs to site (including from the urethra, testing results. respondents other than their time. The pharynx, rectum, vagina, and cervix) of This project will not collect name, estimated annual burden is 13,056 gonorrhea positive persons will be social security number, or date of birth. hours.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Type of respondent Form name respondents responses per response respondent (in hours)
Sentinel site conducting culture-based core Demographic/Clinical Data ...... 20 240 11/60 surveillance. Sentinel site conducting culture-based en- Demographic/Clinical Data ...... 10 840 12/60 hanced surveillance. Sentinel site conducting molecular enhanced Demographic/Clinical Data ...... 10 840 12/60 surveillance. Regional laboratory ...... Antimicrobial Susceptibility Testing Results .. 4 3,300 40/60 Control Strain Susceptibility Testing ...... 48 5/60
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Jeffrey M. Zirger, change, all relevant comments to HIV/AIDS, Viral Hepatitis, STD, and TB Lead, Information Collection Review Office, Regulations.gov. Prevention (NCHHSTP), Centers for Office of Scientific Integrity, Office of Science, Please note: Submit all comments Disease Control and Prevention (CDC). Centers for Disease Control and Prevention. through the Federal eRulemaking portal Background and Brief Description [FR Doc. 2021–14226 Filed 7–1–21; 8:45 am] (regulations.gov) or by U.S. mail to the BILLING CODE 4163–18–P address listed above. The Centers for Disease Control and FOR FURTHER INFORMATION CONTACT: To Prevention (CDC), National Center for request more information on the HIV/AIDS, Viral Hepatitis, STD, and TB DEPARTMENT OF HEALTH AND proposed project or to obtain a copy of Prevention (NCHHSTP), Division of HUMAN SERVICES the information collection plan and Adolescent and School Health (DASH) instruments, contact Jeffrey M. Zirger, requests approval for ‘‘Teen and Parent Centers for Disease Control and Surveys of Health (TAPS)’’ through an Prevention Information Collection Review Office, Centers for Disease Control and existing online panel using NORC at the [60Day–21–21GA Docket No. CDC–2021– Prevention, 1600 Clifton Road NE, MS– University of Chicago’s AmeriSpeaks 0061] D74, Atlanta, Georgia 30329; phone: panel. Documenting health-related risk 404–639–7118; Email: [email protected]. behaviors and experiences and health Proposed Data Collection Submitted SUPPLEMENTARY INFORMATION: Under the outcomes of young people through for Public Comment and routine surveillance is a critical Recommendations Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501–3520), Federal agencies component of DASH’s prevention AGENCY: Centers for Disease Control and must obtain approval from the Office of efforts. Another component of DASH’s Prevention (CDC), Department of Health Management and Budget (OMB) for each efforts to improve adolescent health is and Human Services (HHS). collection of information they conduct observational research to inform its ACTION: Notice with comment period. or sponsor. In addition, the PRA also school-based programmatic strategies. requires Federal agencies to provide a This type of research serves to inform SUMMARY: The Centers for Disease 60-day notice in the Federal Register priority settings and sub-populations for Control and Prevention (CDC), as part of concerning each proposed collection of intervention as well as specific its continuing effort to reduce public information, including each new intervention strategies. TAPS data will burden and maximize the utility of proposed collection, each proposed allow DASH to refine existing strategies government information, invites the extension of existing collection of for funded school district partners to general public and other Federal information, and each reinstatement of improve the quality of their programs agencies the opportunity to comment on previously approved information and services to prevent HIV, other STDs, a proposed and/or continuing collection before submitting the and pregnancy among adolescents, as information collection, as required by collection to the OMB for approval. To well as improve mental health, sexual the Paperwork Reduction Act of 1995. comply with this requirement, we are health and other adolescent health This notice invites comment on a publishing this notice of a proposed outcomes (e.g., substance use, violence proposal to allow CDC’s National Center data collection as described below. victimization). Data will be used to for HIV/AIDS, Viral Hepatitis, STD, and The OMB is particularly interested in inform DASH’s key school-based TB Prevention (NCHHSTP), Division of comments that will help: programmatic strategies of improving Adolescent and School Health (DASH) 1. Evaluate whether the proposed family- and school-level protective to conduct a research information collection of information is necessary factors, bolstering health education, and collection project titled ‘‘Teen and for the proper performance of the increasing adolescent access to quality Parents Surveys of Health (TAPS)’’. This functions of the agency, including health services. This observational project serves to inform the CDC’s whether the information will have research complements and extends Division of Adolescent and School practical utility; DASH’s ongoing surveillance efforts Health’s (DASH) key school-based 2. Evaluate the accuracy of the through the Youth Risk Behavioral programmatic strategies of improving agency’s estimate of the burden of the Surveillances System (YRBSS) (OMB family- and school-level protective proposed collection of information, Control No. 0920–0493, Exp. 11/30/ factors, bolstering health education, and including the validity of the 2023), which provides key national increasing adolescent access to quality methodology and assumptions used; estimates of adolescent health risk health services. 3. Enhance the quality, utility, and behaviors and health outcomes, by DATES: CDC must receive written clarity of the information to be providing a deeper dive into individual, comments on or before August 31, 2021. collected; family, and school factors that ADDRESSES: You may submit comments, 4. Minimize the burden of the positively associate with adolescent identified by Docket No. CDC–2021– collection of information on those who behaviors and health outcomes. 0061 by any of the following methods: are to respond, including through the Collecting this observational data • Federal eRulemaking Portal: use of appropriate automated, provides the opportunity to examine Regulations.gov. Follow the instructions electronic, mechanical, or other untested associations of protective for submitting comments. technological collection techniques or factors, health education experiences, • Mail: Jeffrey M. Zirger, Information other forms of information technology, and health service use (immediate Collection Review Office, Centers for e.g., permitting electronic submissions outcomes of DASH strategies) with Disease Control and Prevention, 1600 of responses; and mental health, sexual health, and Clifton Road NE, MS–D74, Atlanta, 5. Assess information collection costs. substance use outcomes. Georgia 30329. CDC requests approval for an Instructions: All submissions received Proposed Project estimated 1,378 annual burden hours. must include the agency name and Teen and Parents Surveys of Health There are no costs to respondents other Docket Number. CDC will post, without (TAPS)—New—National Center for than their time to participate.
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ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Total burden Type of respondents Form name respondents responses per response (in hrs) respondent (in hrs)
Parents/Caregivers of 15–17 year Adult/Caregiver Survey ...... 2,634 1 20/60 878 olds. Adolescent 15–17 year olds ...... Adolescent Survey ...... 900 1 20/60 300 Adolescent 18–19 year olds ...... Adolescent Survey ...... 600 1 20/60 200
Totals ...... 1,378
Jeffrey M. Zirger, (d) Minimize the burden of the collection out sick, and five officers had died. Over Lead, Information Collection Review Office, of information on those who are to respond, 1,000 police officers had tested positive Office of Scientific Integrity, Office of Science, including, through the use of appropriate for COVID–19. Since then, rates of Centers for Disease Control and Prevention. automated, electronic, mechanical, or other COVID–19 have not only increased in technological collection techniques or other [FR Doc. 2021–14223 Filed 7–1–21; 8:45 am] the general population, but also in forms of information technology, e.g., BILLING CODE 4163–18–P permitting electronic submission of police populations. These preliminary responses; and studies indicate that police departments (e) Assess information collection costs. are under a great deal of stress and at DEPARTMENT OF HEALTH AND greater risk because of COVID–19. Given HUMAN SERVICES To request additional information on that efficiently performing officers are the proposed project or to obtain a copy key to successful functioning of law Centers for Disease Control and of the information collection plan and enforcement, addressing police mental Prevention instruments, call (404) 639–7570. and physical health is imperative for Comments and recommendations for the their well-being, as well as that of the [30Day–21–21CG] proposed information collection should public they serve. Nonetheless, little be sent within 30 days of publication of research has been conducted to evaluate Agency Forms Undergoing Paperwork this notice to www.reginfo.gov/public/ the physical and mental health Reduction Act Review do/PRAMain. Find this particular consequences of the COVID–19 information collection by selecting pandemic on police officers. Thus, In accordance with the Paperwork ‘‘Currently under 30-day Review—Open Reduction Act of 1995, the Centers for NIOSH seeks OMB approval to evaluate for Public Comments’’ or by using the the longitudinal mental and physical Disease Control and Prevention (CDC) search function. Direct written has submitted the information health effect of the COVID–19 pandemic comments and/or suggestions regarding on police officers. collection request titled ‘‘A the items contained in this notice to the Longitudinal Examination of Mental Previously, in collaboration with Attention: CDC Desk Officer, Office of NIOSH, the University of New York at and Physical Health among Police Management and Budget, 725 17th Buffalo (UB) conducted a cross-sectional Associated with COVID–19’’ to the Street NW, Washington, DC 20503 or by research project to evaluate the mental, Office of Management and Budget fax to (202) 395–5806. Provide written physical, and subclinical measures of (OMB) for review and approval. CDC comments within 30 days of notice health in the Buffalo, NY police officers previously published a ‘‘Proposed Data publication. as part of the Buffalo Cardio-Metabolic Collection Submitted for Public Occupational Police Stress (BCOPS) Comment and Recommendations’’ Proposed Project study. The BCOPS study itself includes notice on January 26, 2021 to obtain A Longitudinal Examination of a baseline examination and four follow- comments from the public and affected Mental and Physical Health among up examinations. For this reason, agencies. CDC received one comment Police Associated with COVID–19— NIOSH has mental and physical health related to the previous notice. This New—National Institute for data on police officers, collected prior to notice serves to allow an additional 30 Occupational Safety and Health COVID–19, including stress related days for public and affected agency (NIOSH), Centers for Disease Control surveys, blood parameters, physical comments. and Prevention (CDC). measures, stress biomarkers (cortisol) CDC will accept all comments for this Background and Brief Description and telomere length data. proposed information collection project. To meet the aims of the current study The Office of Management and Budget Police officers are exposed to several NIOSH has contracted with UB to is particularly interested in comments stressors during their working lives, recruit 200 police officers who that: including traumatic events (e.g., motor- previously participated in a BCOPS (a) Evaluate whether the proposed vehicle accidents, domestic incidents), study. Priority will be placed on collection of information is necessary for the organizational stressors (e.g., long work recruiting officers who participated in proper performance of the functions of the hours, shiftwork), public criticism, and the last BCOPS study (n=240). If 200 of agency, including whether the information concern about physical harm. On top of the 240 officers cannot be recruited, will have practical utility; these day-to-day stressors, the then UB will try to recruit any officer (b) Evaluate the accuracy of the agencies coronavirus disease 2019 (COVID–19) who has previously participated in a estimate of the burden of the proposed collection of information, including the has contributed to an increase in mental BCOPS study. A subset of the surveys validity of the methodology and assumptions and physical risk. Although exact and biological data collected as part of used; figures are not known, in April 2020, it the BCOPS studies will be repeated for (c) Enhance the quality, utility, and clarity was estimated that approximately 17% this study. By comparing the responses of the information to be collected; of the New York police department were of the surveys and physical data
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collected as part of BCOPS (prior to (approximately four tablespoons), history questionnaire, and a follow-up COVID–19), to those obtained during measuring the participants’ height, COVID questionnaire. The this study, NIOSH can evaluate the weight, abdominal height, waist psychological surveys will be the same longitudinal physical and psychological circumference and neck circumference, surveys they did during the first round, health effects of COVID–19 on the and taking their blood pressure. while the COVID questionnaire asks police officers. Cortisol saliva testing will be done additional questions related to their To meet the aims of this study there outside of the clinic at the participant’s experience with COVID since the clinic will be two rounds of data collection. residence by the participant. visit. They will not be asked to complete The first round will consist of collecting Participants will be provided with the personal history questionnaire the both the mental and physical health Salivettes (Sarstedt, USA), a second time. This second set of data. The second round, approximately commercially available collection questionnaires allows NIOSH to meet 6–8 months later, will consist of device consisting of dental rolls and the study aims. collecting the mental health and centrifuge tubes, to take with them The Burden Table lists the estimated medical history surveys only. when the leave the clinic for the population size of 200 police officers During the first round, letters will be collection of saliva samples. who will respond to 16 psychosocial sent to officers who participated in the Participants will be given instructions questionnaires, serological (blood) previous BCOPS study asking them to on how to collect the samples to be collection, and salivary cortisol at the voluntarily participate in this study. taken the day after they leave the clinic. first round. All officers who participate Once they agree, a letter of introduction The participant will be asked to return in the first round and who have agreed, will be sent. If an officer hasn’t the saliva samples to the clinic when will be mailed the medical history responded after two letters have been completed either in person or via paid questionnaire and psychosocial sent, UB will contact the officers by postage. This ends the clinic visit. UB questionnaires 6–8 months later (second phone. If the officer declines to will advise the participant upon round). Biological samples will not be participate they will no longer be departing during round one that they collected during the second round. We contacted. For officers who agree to would like to contact them again in 6– anticipate that up to 10% of the participate, UB will coordinate the 8 months to complete the same surveys participants may not present for testing scheduling of officers with the police they did in the clinic. during either the first round or second department and will not schedule For the second round, UB will round of questionnaires. Therefore, we officers more than one month in conduct a follow-up survey estimate that 180 officers will complete advance. Scheduling will be flexible. approximately 6–8 months after the both rounds of the data collection. The At their designated appointment, all clinic visit. Each officer who total burden hours for all surveys, participants will complete the paper participated in the first round and who serological sample collection, and and pencil questionnaires then agreed to participate in the second salivary cortisol is 596. There are no complete the clinical exam, which will round, will be sent the same set of costs to the respondents other than their entail a fasting blood draw psychological surveys, the medical time.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)
Police officers ...... Letter of Invitation ...... 240 1 1/60 Letter of Introduction ...... 200 1 7/60 Eligibility Screening Form ...... 200 1 5/60 Personal history ...... 180 1 2/60 Medical history ...... 180 2 8/60 Spielberger Stress Survey ...... 180 2 7/60 Center for Epidemiologic Studies Depres- 180 2 2/60 sion Scale. Brief Cope ...... 180 2 3/60 Organizational Support Scale ...... 180 2 2/60 Maslach Burnout ...... 180 2 2/60 Fatigue Scale ...... 180 2 2/60 Posttraumatic Stress Disorder–5 ...... 180 2 2/60 Connor-Davidson Resiliency Scale ...... 180 2 1/60 Beck Anxiety ...... 180 2 3/60 Pittsburgh Sleep Quality Index ...... 2 2/60 Beck Depression ...... 180 2 3/60 Beck Hopelessness ...... 180 2 2/60 COVID–19 Round 1 ...... 180 1 3/60 COVID–19 Round 2 ...... 180 1 3/60 Civil Unrest/Public Perception/work envi- 180 2 3/60 ronment. Serological Sample collection ...... 180 1 1 Salivary Cortisol collection ...... 180 1 30/60
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Jeffrey M. Zirger, the information collection plan and funded under the Core State Injury Lead, Information Collection Review Office, instruments, contact Jeffrey M. Zirger, Prevention Program cooperative Office of Scientific Integrity, Office of Science, Information Collection Review Office, agreement, hereafter known as Core Centers for Disease Control and Prevention. Centers for Disease Control and SIPP. OMB approval is requested for [FR Doc. 2021–14225 Filed 7–1–21; 8:45 am] Prevention, 1600 Clifton Road NE, MS– three years. The electronic collection of BILLING CODE 4163–18–P D74, Atlanta, Georgia 30329; phone: information for program and 404–639–7118; Email: [email protected]. performance monitoring aligns with SUPPLEMENTARY INFORMATION: Under the three of CDC’s Data Modernization DEPARTMENT OF HEALTH AND Paperwork Reduction Act of 1995 (PRA) Initiative Key Objectives to: HUMAN SERVICES (44 U.S.C. 3501–3520), Federal agencies • Develop and implement cloud- must obtain approval from the Office of based approaches for automating data Centers for Disease Control and Management and Budget (OMB) for each collection and supporting multi- Prevention collection of information they conduct directional data flows among STLT [60Day–21–21GB; Docket No. CDC–2021– or sponsor. In addition, the PRA also partners and CDC. 0062] requires Federal agencies to provide a • Reduce burden for data providers 60-day notice in the Federal Register and public health agencies. Proposed Data Collection Submitted concerning each proposed collection of • Ensure systems and services are for Public Comment and information, including each new scalable, interoperable, and adaptable to Recommendations proposed collection, each proposed meet evolving needs. AGENCY: Centers for Disease Control and extension of existing collection of Recipients will report progress and Prevention (CDC), Department of Health information, and each reinstatement of activity information to CDC on an and Human Services (HHS). previously approved information annual schedule using a web-based ACTION: Notice with comment period. collection before submitting the Partners’ Portal. collection to the OMB for approval. To Information to be collected will SUMMARY: The Centers for Disease comply with this requirement, we are provide crucial data for program Control and Prevention (CDC), as part of publishing this notice of a proposed performance monitoring and provide its continuing effort to reduce public data collection as described below. CDC with the capacity to respond in a burden and maximize the utility of The OMB is particularly interested in timely manner to requests for government information, invites the comments that will help: information about the program from the general public and other Federal 1. Evaluate whether the proposed Department of Health and Human agencies the opportunity to comment on collection of information is necessary Services (DHHS), the White House, a proposed and/or continuing for the proper performance of the Congress, and other sources. information collection, as required by functions of the agency, including Information to be collected will also the Paperwork Reduction Act of 1995. whether the information will have strengthen CDC’s ability to monitor This notice invites comment on a practical utility; awardee progress, provide data-driven proposed information collection project 2. Evaluate the accuracy of the technical assistance, and disseminate titled Performance Monitoring of CDC’s agency’s estimate of the burden of the the most current surveillance data on Core State Injury Prevention Program. proposed collection of information, unintentional and intentional injuries. The proposed study is designed to including the validity of the Monitoring the impact of population- collect performance monitoring data, via methodology and assumptions used; based strategies and identifying new a web-based tool, from recipients 3. Enhance the quality, utility, and insights and innovative solutions to funded under the Core State Injury clarity of the information to be health problems are two of the noted Prevention Program cooperative collected; public health activities that all public 4. Minimize the burden of the agreement (Core SIPP). health systems should undertake. For collection of information on those who DATES: CDC must receive written NCIPC, these objectives cannot be are to respond, including through the comments on or before August 31, 2021. satisfied without the systematic use of appropriate automated, collection of data and information from ADDRESSES: You may submit comments, electronic, mechanical, or other state health departments. The identified by Docket No. CDC–2021– technological collection techniques or information collection will enable the 0062 by any of the following methods: other forms of information technology, • Federal eRulemaking Portal: accurate, reliable, uniform and timely e.g., permitting electronic submissions Regulations.gov. Follow the instructions submission to NCIPC of each awardee’s of responses; and for submitting comments. 5. Assess information collection costs. progress report and injury indicators, • Mail: Jeffrey M. Zirger, Information including strategies and performance Collection Review Office, Centers for Proposed Project measures. The information collection Disease Control and Prevention, 1600 Performance Monitoring of CDC’s plan proposed here will also generate a Clifton Road NE, MS–D74, Atlanta, Core State Injury Prevention Program— variety of routine and customizable Georgia 30329. New—National Center for Injury reports. State-specific reports will allow Instructions: All submissions received Prevention and Control (NCIPC), each awardee to summarize activities must include the agency name and Centers for Disease Control and and progress towards meeting strategies Docket Number. CDC will post, without Prevention (CDC). and performance measure targets related change, all relevant comments to to the reduction and prevention of Regulations.gov. Please note: Submit all Background and Brief Description unintentional and intentional injuries. comments through the Federal The Centers for Disease Control and NCIPC will also have the capacity to eRulemaking portal (regulations.gov) or Prevention (CDC) seeks Office of generate reports that describe activities by U.S. mail to the address listed above. Management and Budget (OMB) and health outcomes across multiple FOR FURTHER INFORMATION CONTACT: To approval to electronically collect recipients, which will enable better request more information on the performance monitoring data, via a web- reporting of trends and provision of proposed project or to obtain a copy of based Partners’ Portal, from recipients technical assistance through linking
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partners across state health departments The information collection prevention and control strategies and collaborating divisions within CDC. procedures will also allow NCIPC to implemented by recipients through the The information collection and respond to inquiries from the HHS, the development of journal articles, tools, reporting requirements have been White House, Congress and other templates, and other injury prevention carefully designed to align with, and stakeholders about program activities resources/products. support the specific goals and outcomes and their impact; as well as, work Program recipients will use the outlined in the Core SIPP cooperative towards CDCs overarching mission to agreement. The overarching goal of Core protect America from health, safety and information collected to manage and SIPP is to strengthen the awardee’s security threats, both foreign and in the coordinate their activities and to injury prevention programs and policies U.S. NCIPC will use the information improve their efforts to prevent and and demonstrate impact in the collected in the Partners’ Portal to control injuries. The Partners’ Portal reduction of injury-related morbidity perform program activities to allows recipients to fulfill their annual and mortality. Although the data are accomplish the following objectives: reporting obligations efficiently by limited to the 23 recipients of the Core • Monitor each awardee’s progress employing user-friendly, easily SIPP NOFO, the results can be and identify facilitators and barriers to accessible web-based instruments to generalizable and inform injury program implementation and collect necessary information for both prevention work. Moreover, it is achievement of outcomes. Monitoring progress reports and continuation asserted that the results of the data allows NCIPC to determine whether an applications including work plans. This collection are vital to ensuring the Core awardee is meeting performance goals, approach enables recipients to save SIPPs efficient management. Results to inform awardee continuous quality pertinent information from one will not only allow NCIPC staff to improvements, and to inform the type of reporting period to the next and reduces provide data-driven technical assistance intensity of CDC-provided technical the administrative burden on the annual to recipients, but also to assess patterns assistance to support attainment of their continuation application and the across other NCIPC injury prevention performance measures. performance monitoring process. programs such as, Prescription Drug • Identify trends in injury Awardee program staff are able to Overdose Prevention for States and the surveillance data to inform state foci for review the completeness of data needed Injury Control Research Centers. In prevention and intervention strategies to generate required reports, enter basic addition, the data collection will inform as well as the production of relevant the continuous quality improvement reports, journal articles, and resources summary data for reports annually, and process and allow NCIPC staff to make for state health departments. finalize and save required reports for mid-course corrections and describe the • Identify, translate, and disseminate upload into other reporting systems as impact on health outcomes. information about successful injury required.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Total burden Type of respondents Form name respondents responses per response (in hours) respondent (in hours)
Core SIPP Program Recipients ...... Annual Progress Report ...... 23 1 11 253
Total ...... 253
Jeffrey M. Zirger, (ATSDR), Department of Health and encouraged to submit written tribal Lead, Information Collection Review Office, Human Services (HHS). testimony to the contact person and Office of Scientific Integrity, Office of Science, ACTION: Notice of meeting. mailing address listed below or by email Centers for Disease Control and Prevention. at [email protected]. [FR Doc. 2021–14224 Filed 7–1–21; 8:45 am] SUMMARY: The Centers for Disease FOR FURTHER INFORMATION CONTACT: BILLING CODE 4163–18–P Control and Prevention (CDC)/Agency Captain Karen Hearod, MSW, LCSW, for Toxic Substances and Disease Director, Office of Tribal Affairs and Registry (ATSDR), announces the 2021 Strategic Alliances, Center for State, DEPARTMENT OF HEALTH AND CDC/ATSDR Tribal Consultation Tribal, Local, and Territorial Support, HUMAN SERVICES Session. CDC/ATSDR will host CDC, 1600 Clifton Road NE, Mailstop American Indian and Alaska Native (AI/ V18–4, Atlanta, GA 30329–4027; Centers for Disease Control and AN) Federally Recognized Tribes for the Telephone: (404) 498–0300; Email: Prevention virtual tribal consultation session. The [email protected]. proceedings will be open to the public. SUPPLEMENTARY INFORMATION: This Agency for Toxic Substances and DATES: The tribal consultation will be meeting is being held in accordance Disease Registry held on August 5, 2021, from 3:15 p.m. with Presidential Executive Order No. to 5:00 p.m., EDT. Written tribal 13175, November 6, 2000, and the Center for State, Tribal, Local, and testimony is due by 5:00 p.m., EDT, on Presidential Memorandum of November Territorial Support (CSTLTS), CDC/ September 7, 2021. 5, 2009, and September 23, 2004, ATSDR Tribal Consultation Session ADDRESSES: Zoom Virtual Tribal Consultation and Coordination with Consultation. To register, see CDC web Indian Tribal Governments. AGENCY: Centers for Disease Control and page https://cdc.zoomgov.com/meeting/ Purpose: The purpose of the Prevention (CDC)/Agency for Toxic register/vJIsfu-gqDgsGD1rTre7HPjbXy consultation meeting is to advance CDC/ Substances and Disease Registry IF3v5jSp4. All elected tribal officials are ATSDR support for and collaboration
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with AI/AN tribal nations and to Register notices pertaining to index.html. In addition, CDC has sent improve the health of AI/AN tribal announcements of meetings and other notice of this ACIP meeting by email to nations by pursuing goals that include committee management activities, for those who subscribe to receive email assisting in eliminating the health both the Centers for Disease Control and updates about ACIP. disparities faced by AI/AN tribal Prevention and the Agency for Toxic FOR FURTHER INFORMATION CONTACT: nations; ensuring that access to critical Substances and Disease Registry. Stephanie Thomas, ACIP Committee health and human services and public Management Specialist, Centers for health services is maximized to advance Kalwant Smagh, Director, Strategic Business Initiatives Unit, Disease Control and Prevention, or enhance the social, physical, and National Center for Immunization and economic status of AI/AN people; and Office of the Chief Operating Officer, Centers for Disease Control and Prevention. Respiratory Diseases, 1600 Clifton Road promoting health equity for all Indian NE, MS–H24–8, Atlanta, GA 30329– people and communities. To advance [FR Doc. 2021–14205 Filed 7–1–21; 8:45 am] BILLING CODE 4163–18–P 4027; Telephone: 404–639–8367; Email: these goals, CDC/ATSDR conducts [email protected]. government-to-government consultations with elected tribal SUPPLEMENTARY INFORMATION: DEPARTMENT OF HEALTH AND officials or their authorized Purpose: The committee is charged HUMAN SERVICES representatives. Consultation is an with advising the Director, CDC, on the enhanced form of communication that use of immunizing agents. In addition, Centers for Disease Control and under 42 U.S.C. 1396s, the committee is emphasizes trust, respect, and shared Prevention responsibility. It is an open and free mandated to establish and periodically exchange of information and opinion [Docket No. CDC–2021–0034] review and, as appropriate, revise the among parties that leads to mutual list of vaccines for administration to understanding. Advisory Committee on Immunization vaccine-eligible children through the Matters To Be Considered: CDC/ Practices (ACIP); Amended Notice of Vaccines for Children (VFC) program, ATSDR is hosting this meeting to hold Meeting along with schedules regarding dosing interval, dosage, and contraindications a consultation with federally recognized Notice is hereby given of a change in to administration of vaccines. Further, tribal nations to receive input and the meeting of the Advisory Committee under provisions of the Affordable Care guidance on improving the current on Immunization Practices (ACIP); June Act, section 2713 of the Public Health CDC/ATSDR Tribal Consultation Policy. 23, 2021, from 10:00 a.m. to 5:00 p.m., Service Act, immunization CDC/ATSDR is seeking feedback on EDT (times subject to change); June 24, recommendations of the ACIP that have how the agency can improve its policies 2021, from 10:30 a.m. to 5:10 p.m., EDT been approved by the Director of the and practices to better engage with (times subject to change); and June 25, Centers for Disease Control and Indian Country through meaningful 2021, from 10:00 a.m. to 12:20 p.m., Prevention and appear on CDC consultation. This feedback will be used EDT (times subject to change), in the to edit the current CDC’s Consultation immunization schedules must be amended FRN. The virtual meeting was Policy. The Tribal consultation session covered by applicable health plans. published in the Federal Register on will provide opportunities for elected Matters To Be Considered: The agenda Wednesday, June 23, 2021, Volume 86, AI/AN tribal officials to speak openly will include discussions on COVID–19, Number 118, pages 32933–32934. about the public health issues affecting dengue vaccine, herpes zoster vaccines, The virtual meeting is being amended their tribal nations. This consultation influenza vaccines, pneumococcal to update the meeting times on June 23– session is virtual and open to the public. vaccine, and rabies vaccine. 25, 2021 (times subject to change) and Elected tribal officials can find guidance Recommendation votes on dengue matters to be considered and should to assist in developing tribal testimony vaccine, influenza vaccines and rabies read as follows: for CDC/ATSDR at https://www.cdc.gov/ vaccine are scheduled. Vaccines for SUMMARY: In accordance with the tribal/documents/consultation/Tribal- Children (VFC) votes on dengue vaccine Federal Advisory Committee Act, the Testimony-Guidance.pdf. Please submit and influenza vaccines are scheduled. Centers for Disease Control and tribal testimony on official tribal Agenda items are subject to change as Prevention (CDC), announces the letterhead. priorities dictate. For more information following meeting of the Advisory Based on the number of elected tribal on the meeting agenda visit https:// Committee on Immunization Practices officials giving testimony and the time www.cdc.gov/vaccines/acip/meetings/ (ACIP). This meeting is open to the available, it may be necessary to limit meetings-info.html. the time for each presenter. We will public. Time will be available for public comment. The meeting will be webcast The Director, Strategic Business adjourn tribal consultation meetings Initiatives Unit, Office of the Chief early if all attendees who requested to live via the World Wide Web; for more information on ACIP please visit the Operating Officer, Centers for Disease provide oral testimony in advance of Control and Prevention, has been and during the consultation have ACIP website: http://www.cdc.gov/ vaccines/acip/index.html. delegated the authority to sign Federal delivered their comments. Agenda items Register notices pertaining to are subject to change as priorities DATES: The meeting will be held on June announcements of meetings and other dictate. 23, 2021, from 11:00 a.m. to 4:00 p.m., committee management activities, for Additional information about CDC/ EDT (times subject to change); June 24, both the Centers for Disease Control and ATSDR’s Tribal Consultation Policy can 2021, from 10:00 a.m. to 5:15 p.m., EDT Prevention and the Agency for Toxic be found at https://www.cdc.gov/tribal/ (times subject to change); and June 25, Substances and Disease Registry. consultation-support/tribal- 2021, from 10:00 a.m. to 1:00 p.m., EDT consultation/policy.html. (times subject to change). Written Kalwant Smagh, The Director, Strategic Business comments must be received on or before Director, Strategic Business Initiatives Unit, Initiatives Unit, Office of the Chief June 25, 2021. Office of the Chief Operating Officer, Centers Operating Officer, Centers for Disease A notice of this ACIP meeting has also for Disease Control and Prevention. Control and Prevention, has been been posted on CDC’s ACIP website at: [FR Doc. 2021–14203 Filed 7–1–21; 8:45 am] delegated the authority to sign Federal http://www.cdc.gov/vaccines/acip/ BILLING CODE 4163–18–P
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DEPARTMENT OF HEALTH AND To obtain copies of a supporting addressed in this NCD, we replaced the HUMAN SERVICES statement and any related forms for the term TMVR with TEER. The TEER proposed collection(s) summarized in device is only covered when specific Centers for Medicare & Medicaid this notice, you may make your request conditions are met including that the Services using one of following: heart team and hospital are submitting 1. Access CMS’ website address at data in a prospective, national, audited [Document Identifier: CMS–10531] website address at https://www.cms.gov/ registry. The data includes patient, Agency Information Collection Regulations-and-Guidance/Legislation/ practitioner and facility level variables Activities: Proposed Collection; PaperworkReductionActof1995/PRA- that predict outcomes such as all-cause Comment Request Listing.html. mortality and quality of life. In order to remove the data collection requirement FOR FURTHER INFORMATION CONTACT: AGENCY: Centers for Medicare & under this coverage with evidence William N. Parham at (410) 786–4669. Medicaid Services, Health and Human development (CED) NCD or make any Services (HHS). SUPPLEMENTARY INFORMATION: other changes to the existing policy, we ACTION: Notice. Contents must formally reopen and reconsider the policy. We are continuing to review SUMMARY: The Centers for Medicare & This notice sets out a summary of the and analyze the data collected since the Medicaid Services (CMS) is announcing use and burden associated with the original NCD was effective in 2014 and an opportunity for the public to following information collections. More following the update in 2021. comment on CMS’ intention to collect detailed information can be found in The data collected and analyzed in information from the public. Under the each collection’s supporting statement the TVT Registry will be used by CMS Paperwork Reduction Act of 1995 (the and associated materials (see to determine if TEER is reasonable and PRA), federal agencies are required to ADDRESSES). necessary (e.g., improves health publish notice in the Federal Register CMS–10531 Transcatheter Valve outcomes) for Medicare beneficiaries concerning each proposed collection of Therapy (TVT) Registry under Section 1862(a)(1)(A) of the ACT. information (including each proposed Furthermore, data from the Registry will Under the PRA (44 U.S.C. 3501– extension or reinstatement of an existing assist the medical device industry and 3520), federal agencies must obtain collection of information) and to allow the Food and Drug Administration approval from the Office of Management 60 days for public comment on the (FDA) in surveillance of the quality, and Budget (OMB) for each collection of proposed action. Interested persons are safety and efficacy of new medical information they conduct or sponsor. invited to send comments regarding our devices to treat MR. Form Number: The term ‘‘collection of information’’ is burden estimates or any other aspect of CMS–10531 (OMB control number: defined in 44 U.S.C. 3502(3) and 5 CFR this collection of information, including 0938–1274); Frequency: Annually; 1320.3(c) and includes agency requests the necessity and utility of the proposed Affected Public: Private sector (Business or requirements that members of the information collection for the proper or other for-profits); Number of public submit reports, keep records, or performance of the agency’s functions, Respondents: 8,649; Total Annual provide information to a third party. the accuracy of the estimated burden, Responses: 34,596; Total Annual Hours: Section 3506(c)(2)(A) of the PRA ways to enhance the quality, utility, and 12,974. (For policy questions regarding requires federal agencies to publish a clarity of the information to be this collection contact Sarah Fulton at 60-day notice in the Federal Register collected, and the use of automated 410–786–2749.) concerning each proposed collection of collection techniques or other forms of information, including each proposed Dated: June 28, 2021 information technology to minimize the extension or reinstatement of an existing William N. Parham, III, information collection burden. collection of information, before Director, Paperwork Reduction Staff, Office DATES: Comments must be received by submitting the collection to OMB for of Strategic Operations and Regulatory August 31, 2021. approval. To comply with this Affairs. ADDRESSES: When commenting, please requirement, CMS is publishing this [FR Doc. 2021–14162 Filed 7–1–21; 8:45 am] reference the document identifier or notice. BILLING CODE 4120–01–P OMB control number. To be assured consideration, comments and Information Collection recommendations must be submitted in 1. Type of Information Collection DEPARTMENT OF HEALTH AND any one of the following ways: Request: Revision of a currently HUMAN SERVICES 1. Electronically. You may send your approved collection; Title of Centers for Medicare & Medicaid comments electronically to http:// Information Collection: Transcatheter Services www.regulations.gov. Follow the Valve Therapy (TVT) Registry; Use: The instructions for ‘‘Comment or data collection is required by the [Document Identifier: CMS–10769] Submission’’ or ‘‘More Search Options’’ Centers for Medicare & Medicaid to find the information collection Services (CMS) National Coverage Agency Information Collection document(s) that are accepting Determination (NCD) entitled, Activities: Submission for OMB comments. ‘‘Transcatheter Edge-to-Edge Repair Review; Comment Request 2. By regular mail. You may mail (TEER) for Mitral Valve Regurgitation’’ AGENCY: Centers for Medicare & written comments to the following and was previously entitled Medicaid Services, Health and Human address: CMS, Office of Strategic ‘‘Transcatheter Mitral Valve Repair Services (HHS). Operations and Regulatory Affairs, (TMVR)’’. Effective January 19, 2021, ACTION: Notice. Division of Regulations Development, CMS updated this NCD to expand Attention: Document Identifier/OMB coverage to functional mitral SUMMARY: The Centers for Medicare & Control Number: lll, Room C4–26– regurgitation (MR). Previously, coverage Medicaid Services (CMS) is announcing 05, 7500 Security Boulevard, Baltimore, was limited to degenerative MR. To an opportunity for the public to Maryland 21244–1850. more precisely define the treatment comment on CMS’ intention to collect
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information from the public. Under the proposed collection of information, Dated: June 29, 2021. Paperwork Reduction Act of 1995 including each proposed extension or William N. Parham, III, (PRA), federal agencies are required to reinstatement of an existing collection Director, Paperwork Reduction Staff, Office publish notice in the Federal Register of information, before submitting the of Strategic Operations and Regulatory concerning each proposed collection of collection to OMB for approval. To Affairs. information, including each proposed comply with this requirement, CMS is [FR Doc. 2021–14227 Filed 7–1–21; 8:45 am] extension or reinstatement of an existing publishing this notice that summarizes BILLING CODE 4120–01–P collection of information, and to allow the following proposed collection(s) of a second opportunity for public information for public comment: comment on the notice. Interested DEPARTMENT OF HEALTH AND persons are invited to send comments 1. Type of Information Collection HUMAN SERVICES regarding the burden estimate or any Request: New collection (Request for a other aspect of this collection of new OMB control number); Title of Administration for Children and information, including the necessity and Information Collection: Evaluation of Families utility of the proposed information the Centers for Medicare & Medicaid Services (CMS) Network of Quality Submission for OMB Review; collection for the proper performance of Assessing the Implementation and Improvement and Innovation the agency’s functions, the accuracy of Cost of High-Quality Early Care and Contractors (NQIIC); Use: The purpose the estimated burden, ways to enhance Education: Field Test, OMB 0970–0499 the quality, utility, and clarity of the of this Information Collection Request information to be collected, and the use (ICR) is to collect data using telephone AGENCY: Office of Planning, Research, of automated collection techniques or surveys to inform the program and Evaluation, Administration for other forms of information technology to evaluation of the CMS NQIIC initiative. Children and Families, HHS. minimize the information collection The purpose of NQIIC is to support ACTION: Request for public comment. burden. quality improvement efforts across SUMMARY: The Administration for settings and programs for maximum DATES: Comments on the collection(s) of Children and Families (ACF) at the U.S. impact to health care and value to information must be received by the Department of Health and Human OMB desk officer by August 2, 2021. taxpayers in a manner that aligns with Services (HHS) seeks approval to collect ADDRESSES: Written comments and CMS’ and Department of Health and new information to use in testing recommendations for the proposed Human Services (HHS) priorities. The measures of the implementation and information collection should be sent NQIIC quality improvement efforts costs of high-quality early care and within 30 days of publication of this involve the QIN–QIO Program, which is education as part of the project, notice to www.reginfo.gov/public/do/ one of the largest federal programs Assessing the Implementation and Cost PRAMain. Find this particular dedicated to improving health quality of High-Quality Early Care and information collection by selecting for Medicare beneficiaries. Education (ECE–ICHQ). The study ‘‘Currently under 30-day Review—Open CMS evaluates the quality and received approval for a field test to for Public Comments’’ or by using the effectiveness of the QIN–QIO Program validate and improve the psychometric search function. as authorized in Part B of Title XI of the properties of these measures in To obtain copies of a supporting Social Security Act. This ICR is to November 2019. This request is to add statement and any related forms for the conduct data collection using surveys a measure to the approved field test to proposed collection(s) summarized in with administrators or managers of help further assess the associations this notice, you may make your request nursing homes and hospitals. between measures of implementation, using one of following: cost, and quality. Subsequent to publishing the 60-day 1. Access CMS’ website address at DATES: Comments due within 30 days of website address at: https:// Federal Register notice on March 9, 2021 (86 FR 13566), CMS conducted publication. OMB must make a decision www.cms.gov/Regulations-and- about the collection of information pre-testing with nursing home and Guidance/Legislation/ between 30 and 60 days after hospital administrators using cognitive PaperworkReductionActof1995/PRA- publication of this document in the interviews, which provided substantive Listing.html. Federal Register. Therefore, a comment input from the targeted respondents to FOR FURTHER INFORMATION CONTACT: is best assured of having its full effect make sure that questions are clearly William Parham at (410) 786–4669. if OMB receives it within 30 days of stated and understood as intended. We publication. SUPPLEMENTARY INFORMATION: Under the have made the required changes to ADDRESSES: Paperwork Reduction Act of 1995 (PRA) questions to optimize response validity Written comments and recommendations for the proposed (44 U.S.C. 3501–3520), federal agencies before fielding the survey. There was a must obtain approval from the Office of information collection should be sent slight decrease in burden hours. Form Management and Budget (OMB) for each within 30 days of publication of this Number: CMS–10769 (OMB control collection of information they conduct notice to www.reginfo.gov/public/do/ number: 0938–NEW); Frequency: or sponsor. The term ‘‘collection of PRAMain. Find this particular information’’ is defined in 44 U.S.C. Yearly; Affected Public: State and information collection by selecting 3502(3) and 5 CFR 1320.3(c) and Private Sector (Business or other for- ‘‘Currently under 30-day Review—Open includes agency requests or profits); Number of Respondents: 1,000; for Public Comments’’ or using the requirements that members of the public Total Annual Responses: 1,000; Total search function. submit reports, keep records, or provide Annual Hours: 290. (For policy SUPPLEMENTARY INFORMATION: information to a third party. Section questions regarding this collection, Description: ACF seeks approval to 3506(c)(2)(A) of the PRA (44 U.S.C. contact Jeff Mokry at 214–767–4021.) collect new information to use in testing 3506(c)(2)(A)) requires federal agencies measures of the implementation and to publish a 30-day notice in the costs of high-quality early care and Federal Register concerning each education as part of the ECE–ICHQ
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project. The project’s goal is to create a centers do to support quality, their PRAOMBHistory?ombControlNumber= technically sound and feasible associated costs, and how resources for 0970-0499. This request is to add a instrument that will provide consistent, ECE may be better aligned with measure to the approved field test to systematic measures of the expectations for quality. The study help further assess the associations implementation and costs of education received approval for a field test to between measures of implementation, and care in center-based settings that validate and improve the psychometric cost, and quality. The field test and this serve children from birth to age 5. The properties of these measures in additional measure will include only resulting measures will inform research, November 2019. For all previously remote data collection. policy, and practice by improving approved materials for this study, see understanding of variations in what https://www.reginfo.gov/public/do/ Respondents: Teachers and aids.
ANNUAL BURDEN ESTIMATES
Number of Number of responses per Avg. burden Total/annual Instrument respondents respondent per response burden (total over (total over (in hours) (in hours) request period) request period)
Center re-engagement call and roster update for teaching staff survey 80 1 .50 40 Teaching staff survey ...... 1,120 1 .50 560
Estimated Total Annual Burden requirement and that waivers of the manner detailed (see ‘‘Written/Paper Hours: 600. requirement may be granted on a case- Submissions’’ and ‘‘Instructions’’). by-case basis, the Agency is issuing this Authority: § 658O(a)(5) as amended by the Written/Paper Submissions CCDBG Act of 2014 § 9. guidance to provide recommendations on an alternate electronic format for Submit written/paper submissions as Mary B. Jones, submissions covered under such follows: • ACF/OPRE Certifying Officer. exemptions and waivers. This guidance Mail/Hand Delivery/Courier (for [FR Doc. 2021–14148 Filed 7–1–21; 8:45 am] replaces the draft guidance of the same written/paper submissions): Dockets BILLING CODE 4184–24–P title issued on March 11, 2020. Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers DATES: The announcement of the Lane, Rm. 1061, Rockville, MD 20852. guidance is published in the Federal • For written/paper comments DEPARTMENT OF HEALTH AND Register on July 2, 2021. HUMAN SERVICES submitted to the Dockets Management ADDRESSES: You may submit either Staff, FDA will post your comment, as Food and Drug Administration electronic or written comments on well as any attachments, except for Agency guidances at any time as information submitted, marked and [Docket No. FDA–2020–D–0420] follows: identified, as confidential, if submitted Providing Regulatory Submissions in Electronic Submissions as detailed in ‘‘Instructions.’’ Alternate Electronic Format; Guidance Instructions: All submissions received Submit electronic comments in the for Industry; Availability must include the Docket No. FDA– following way: 2020–D–0420 for ‘‘Providing Regulatory AGENCY: Food and Drug Administration, • Federal eRulemaking Portal: Submissions in Alternate Electronic HHS. https://www.regulations.gov. Follow the Format.’’ Received comments will be ACTION: Notice of availability. instructions for submitting comments. placed in the docket and, except for Comments submitted electronically, those submitted as ‘‘Confidential SUMMARY: The Food and Drug including attachments, to https:// Submissions,’’ publicly viewable at Administration (FDA or Agency) is www.regulations.gov will be posted to https://www.regulations.gov or at the announcing the availability of a final the docket unchanged. Because your Dockets Management Staff between 9 guidance for industry entitled comment will be made public, you are a.m. and 4 p.m., Monday through ‘‘Providing Regulatory Submissions in solely responsible for ensuring that your Friday, 240–402–7500. Alternate Electronic Format.’’ Under the comment does not include any • Confidential Submissions—To Federal Food, Drug, and Cosmetic Act confidential information that you or a submit a comment with confidential (FD&C Act), Congress granted FDA the third party may not wish to be posted, information that you do not wish to be authority to implement the statutory such as medical information, your or made publicly available, submit your electronic submission requirements in anyone else’s Social Security number, or comments only as a written/paper guidance. In response, FDA confidential business information, such submission. You should submit two implemented binding guidance as a manufacturing process. Please note copies total. One copy will include the requiring that new drug applications that if you include your name, contact information you claim to be confidential (NDAs), abbreviated new drug information, or other information that with a heading or cover note that states applications (ANDAs), certain drug identifies you in the body of your ‘‘THIS DOCUMENT CONTAINS master files (DMFs), certain biologics comments, that information will be CONFIDENTIAL INFORMATION.’’ The license applications (BLAs), and certain posted on https://www.regulations.gov. Agency will review this copy, including investigational new drug applications • If you want to submit a comment the claimed confidential information, in (INDs) be submitted to the Agency in with confidential information that you its consideration of comments. The electronic common technical document do not wish to be made available to the second copy, which will have the format. Recognizing that some public, submit the comment as a claimed confidential information submissions are exempt from this written/paper submission and in the redacted/blacked out, will be available
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for public viewing and posted on ‘‘Providing Regulatory Submissions in number 0910–0001; and the collections https://www.regulations.gov. Submit Alternate Electronic Format.’’ This of information in 21 CFR part 601 have both copies to the Dockets Management guidance provides recommendations on been approved under OMB control Staff. If you do not wish your name and an alternate electronic format for number 0910–0338. contact information to be made publicly submissions that are covered under an III. Electronic Access available, you can provide this exemption from or granted a waiver of information on the cover sheet and not the requirements of section 745A(a) of Persons with access to the internet in the body of your comments and you the FD&C Act (21 U.S.C. 379k–1). These may obtain the guidance at https:// must identify this information as recommendations pertain to the www.fda.gov/drugs/guidance- ‘‘confidential.’’ Any information marked electronic format of content in NDAs, compliance-regulatory-information/ as ‘‘confidential’’ will not be disclosed ANDAs, certain DMFs, certain BLAs, guidances-drugs, https://www.fda.gov/ except in accordance with 21 CFR 10.20 and certain INDs submitted to the vaccines-blood-biologics/guidance- and other applicable disclosure law. For Center for Drug Evaluation and Research compliance-regulatory-information- more information about FDA’s posting or to the Center for Biologics Evaluation biologics/biologics-guidances, or https:// of comments to public dockets, see 80 and Research. www.regulations.gov. FR 56469, September 18, 2015, or access This guidance includes information Dated: June 28, 2021. on: (1) How to submit in alternate the information at: https:// Lauren K. Roth, www.govinfo.gov/content/pkg/FR-2015- electronic format (without XML backbone), (2) submission of FDA forms, Acting Principal Associate Commissioner for 09-18/pdf/2015-23389.pdf. Policy. Docket: For access to the docket to (3) pre-submission considerations, (4) read background documents or the submission structure, (5) file formats [FR Doc. 2021–14201 Filed 7–1–21; 8:45 am] electronic and written/paper comments and versions, (6) datasets and study BILLING CODE 4164–01–P received, go to https:// information, (7) transmitting electronic www.regulations.gov and insert the submissions, and (8) receipt dates. DEPARTMENT OF HEALTH AND docket number, found in brackets in the This guidance finalizes the draft HUMAN SERVICES heading of this document, into the guidance of the same title issued on ‘‘Search’’ box and follow the prompts March 11, 2020 (85 FR 14202). FDA Food and Drug Administration and/or go to the Dockets Management considered comments received on the Staff, 5630 Fishers Lane, Rm. 1061, draft guidance as the guidance was [Docket No. FDA–2021–N–0008] Rockville, MD 20852, 240–402–7500. finalized. Changes from the draft to final You may submit comments on any guidance include: (1) Minor edits to Circulatory System Devices Panel of guidance at any time (see 21 CFR clarify recommendations for the the Medical Devices Advisory 10.115(g)(5)). location of the Table of Contents for the Committee; Notice of Meeting Submit written requests for single alternate electronic format, (2) an AGENCY: Food and Drug Administration, copies of the guidance to the Division of example of the folder structure, and (3) HHS. Drug Information, Center for Drug the process for submission if an ACTION: Notice. Evaluation and Research, Food and electronic signature is not possible. In Drug Administration, 10001 New addition, editorial changes were made SUMMARY: The Food and Drug Hampshire Ave., Hillandale Building, to improve clarity. Administration (FDA) announces a 4th Floor, Silver Spring, MD 20993– This guidance is being issued forthcoming public advisory committee 0002, or to the Office of consistent with FDA’s good guidance meeting of the Circulatory System Communication, Outreach and practices regulation (21 CFR 10.115). Devices Panel of the Medical Devices Development, Center for Biologics This final guidance represents FDA’s Advisory Committee. The general Evaluation and Research, Food and current thinking on ‘‘Providing function of the committee is to provide Drug Administration, 10903 New Regulatory Submissions in Alternate advice and recommendations to the Hampshire Ave., Bldg. 71, Rm. 3128, Electronic Format.’’ It does not establish Agency on FDA’s regulatory issues. The Silver Spring, MD 20993–0002. Send any rights for any person and is not meeting will be open to the public. one self-addressed adhesive label to binding on FDA or the public. You can DATES: The meeting will take place assist that office in processing your use an alternative approach if it satisfies virtually on August 3, 2021, from 9 a.m. SUPPLEMENTARY requests. See the the requirements of the applicable Eastern Time to 6 p.m. Eastern Time. INFORMATION section for electronic statutes and regulations. ADDRESSES: access to the guidance document. Please note that due to the II. Paperwork Reduction Act of 1995 impact of the COVID–19 pandemic, all FOR FURTHER INFORMATION CONTACT: Dat meeting participants will be joining this Doan, Center for Drug Evaluation and While this guidance contains no advisory committee meeting via an Research, Food and Drug collection of information, it does refer to online teleconferencing platform. Administration, 10903 New Hampshire previously approved FDA collections of Answers to commonly asked questions, Ave., Bldg. 51, Rm. 3334, Silver Spring, information. Therefore, clearance by the including information regarding special MD 20993–0002, 240–402–8926; or Office of Management and Budget accommodations due to a disability, Stephen Ripley, Center for Biologics (OMB) under the Paperwork Reduction may be accessed at: https:// Evaluation and Research, Food and Act of 1995 (PRA) (44 U.S.C. 3501– www.fda.gov/AdvisoryCommittees/ Drug Administration, 10903 New 3521) is not required for this guidance. Hampshire Ave., Bldg. 71, Rm. 7301, The previously approved collections of AboutAdvisoryCommittees/ Silver Spring, MD 20993–0002, 240– information are subject to review by ucm408555.htm. 402–7911. OMB under the PRA. The collections of FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: information in 21 CFR part 312 have Aden Asefa, Center for Devices and been approved under OMB control Radiological Health, Food and Drug I. Background number 0910–0014; the collections of Administration, 10903 New Hampshire FDA is announcing the availability of information in 21 CFR part 314 have Avenue, Bldg. 66, Rm. 5214, Silver a guidance for industry entitled been approved under OMB control Spring, MD 20993–0002,
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[email protected], 301–796–0400, notify the contact person (see FOR guidance for industry entitled or FDA Advisory Committee FURTHER INFORMATION CONTACT). The ‘‘Assessment of Adhesion for Topical Information Line, 1–800–741–8138 notification should include a brief and Transdermal Systems Submitted in (301–443–0572 in the Washington, DC statement of the general nature of the New Drug Applications.’’ Transdermal area). A notice in the Federal Register evidence or arguments they wish to delivery systems are designed to deliver about last minute modifications that present, the names and addresses of a drug across the skin and into systemic impact a previously announced proposed participants, and an circulation, whereas topical delivery advisory committee meeting cannot indication of the approximate time systems are designed to deliver the drug always be published quickly enough to requested to make their presentation on to local tissue. There is pharmaceutical provide timely notice. Therefore, you or before July 21, 2021. Time allotted for and other stakeholder interest in the should always check the Agency’s each presentation may be limited. If the development of new transdermal and website at https://www.fda.gov/ number of registrants requesting to topical products, and this guidance AdvisoryCommittees/default.htm and speak is greater than can be reasonably provides recommendations on the scroll down to the appropriate advisory accommodated during the scheduled clinical assessment of adhesion for such committee meeting link, or call the open public hearing session, FDA may products that will be submitted as new advisory committee information line to conduct a lottery to determine the drug applications (NDAs) or learn about possible modifications speakers for the scheduled open public supplemental new drug applications. before the meeting. hearing session. The contact person will This guidance provides additional study SUPPLEMENTARY INFORMATION: notify interested persons regarding their design and methodology Agenda: The meeting presentations request to speak by July 20, 2021. recommendations on conducting in vivo will be heard, viewed, captioned, and For press inquiries, please contact the adhesion studies. This guidance takes recorded through an online Office of Media Affairs at fdaoma@ these developments into consideration. teleconferencing platform. On August 3, fda.hhs.gov or 301–796–4540. When final, this draft guidance will 2021, the committee will discuss and FDA welcomes the attendance of the expand upon the recommendation for in make recommendations on information public at its advisory committee vivo adhesion studies in section V., regarding the premarket notification meetings and will make every effort to Special Topics, subsection A., Product (510(k)) submission for the TriGUARD 3 accommodate persons with disabilities. Adhesion Considerations, in the draft Cerebral Embolic Protection Device. The If you require accommodations due to a guidance for industry Transdermal and proposed indication for use for the disability, please contact AnnMarie Topical Delivery Systems—Product TriGUARD 3 Cerebral Embolic Williams at AnnMarie.Williams@ Development and Quality Protection Device, is as follows: fda.hhs.gov or 301–796–5966 at least 7 Considerations issued on November 21, The TriGUARD 3 Cerebral Embolic days in advance of the meeting. 2019. FDA is committed to the orderly Protection Device is designed to DATES: Submit either electronic or conduct of its advisory committee minimize the risk of cerebral damage by written comments on the draft guidance meetings. Please visit our website at deflecting embolic debris away from the by August 31, 2021 to ensure that the https://www.fda.gov/ cerebral circulation during trans- Agency considers your comment on this AdvisoryCommittees/AboutAdvisory catheter aortic valve replacement. draft guidance before it begins work on Committees/ucm111462.htm for FDA intends to make background the final version of the guidance. procedures on public conduct during material available to the public no later advisory committee meetings. ADDRESSES: You may submit comments than 2 business days before the meeting. Notice of this meeting is given under on any guidance at any time as follows: If FDA is unable to post the background the Federal Advisory Committee Act (5 Electronic Submissions material on its website prior to the U.S.C. app. 2). meeting, the background material will Submit electronic comments in the be made publicly available on FDA’s Dated: June 28, 2021. following way: website at the time of the advisory Lauren K. Roth, • Federal eRulemaking Portal: committee meeting. Background Acting Principal Associate Commissioner for https://www.regulations.gov. Follow the material and the link to the online Policy. instructions for submitting comments. teleconference meeting room will be [FR Doc. 2021–14212 Filed 7–1–21; 8:45 am] Comments submitted electronically, available at https://www.fda.gov/ BILLING CODE 4164–01–P including attachments, to https:// AdvisoryCommittees/Calendar/ www.regulations.gov will be posted to default.htm. Scroll down to the the docket unchanged. Because your appropriate advisory committee meeting DEPARTMENT OF HEALTH AND comment will be made public, you are link. The meeting will include slide HUMAN SERVICES solely responsible for ensuring that your presentations with audio components to comment does not include any Food and Drug Administration allow the presentation of materials in a confidential information that you or a manner that most closely resembles an [Docket No. FDA–2020–D–2323] third party may not wish to be posted, in-person advisory committee meeting. such as medical information, your or Procedure: Interested persons may Assessment of Adhesion for Topical anyone else’s Social Security number, or present data, information, or views, and Transdermal Systems Submitted confidential business information, such orally or in writing, on issues pending in New Drug Applications; Draft as a manufacturing process. Please note before the committee. Written Guidance for Industry; Availability that if you include your name, contact submissions may be made to the contact AGENCY: Food and Drug Administration, information, or other information that person on or before July 27, 2021. Oral HHS. identifies you in the body of your presentations from the public will be ACTION: Notice of availability. comments, that information will be scheduled between approximately 1 posted on https://www.regulations.gov. p.m. Eastern Time and 2 p.m. Eastern SUMMARY: The Food and Drug • If you want to submit a comment Time. Those individuals interested in Administration (FDA or Agency) is with confidential information that you making formal oral presentations should announcing the availability of a draft do not wish to be made available to the
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public, submit the comment as a Docket: For access to the docket to practices regulation (21 CFR 10.115). written/paper submission and in the read background documents or the The draft guidance, when finalized, will manner detailed (see ‘‘Written/Paper electronic and written/paper comments represent the current thinking of FDA Submissions’’ and ‘‘Instructions’’). received, go to https:// on ‘‘Assessment of Adhesion for Topical www.regulations.gov and insert the and Transdermal Systems Submitted in Written/Paper Submissions docket number, found in brackets in the New Drug Applications’’ and will Submit written/paper submissions as heading of this document, into the supersede in vivo recommendations in follows: ‘‘Search’’ box and follow the prompts section V., Special Topics in the draft • Mail/Hand Delivery/Courier (for and/or go to the Dockets Management guidance for industry ‘‘Transdermal and written/paper submissions): Dockets Staff, 5630 Fishers Lane, Rm. 1061, Topical Delivery Systems—Product Management Staff (HFA–305), Food and Rockville, MD 20852, 240–402–7500. Development and Quality Drug Administration, 5630 Fishers You may submit comments on any Considerations’’ issued on November Lane, Rm. 1061, Rockville, MD 20852. guidance at any time (see 21 CFR • 21, 2019 (84 FR 64319). It does not For written/paper comments 10.115(g)(5)). establish any rights for any person and submitted to the Dockets Management Submit written requests for single is not binding on FDA or the public. Staff, FDA will post your comment, as copies of the draft guidance to the You can use an alternative approach if well as any attachments, except for Division of Drug Information, Center for it satisfies the requirements of the information submitted, marked and Drug Evaluation and Research, Food applicable statutes and regulations. identified, as confidential, if submitted and Drug Administration, 10001 New as detailed in ‘‘Instructions.’’ Hampshire Ave., Hillandale Building, II. Paperwork Reduction Act of 1995 Instructions: All submissions received 4th Floor, Silver Spring, MD 20993– While this guidance contains no must include the Docket No. FDA– 0002. Send one self-addressed adhesive collection of information, it does refer to 2020–D–2323 for ‘‘Assessment of label to assist that office in processing previously approved FDA collections of Adhesion for Topical and Transdermal your requests. See the SUPPLEMENTARY information. Therefore, clearance by the Systems Submitted in New Drug INFORMATION section for electronic Office of Management and Budget Applications.’’ Received comments will access to the draft guidance document. (OMB) under the Paperwork Reduction be placed in the docket and, except for FOR FURTHER INFORMATION CONTACT: Act of 1995 (PRA) (44 U.S.C. 3501– those submitted as ‘‘Confidential Margaret Kober, Center for Drug 3521) is not required for this guidance. Submissions,’’ publicly viewable at Evaluation and Research (HFD–580), https://www.regulations.gov or at the The previously approved collections of Food and Drug Administration, 10903 information are subject to review by Dockets Management Staff between 9 New Hampshire Ave., Bldg. 22, Rm. a.m. and 4 p.m., Monday through OMB under the PRA. The collections of 5376, Silver Spring, MD 20993–0002, information in 21 CFR part 314 have Friday, 240–402–7500. 301–796–0934. • Confidential Submissions—To been approved under OMB control SUPPLEMENTARY INFORMATION: submit a comment with confidential number 0910–0001, and the collections information that you do not wish to be I. Background of information for the electronic made publicly available, submit your submission of drug establishment FDA is announcing the availability of registration and drug listing information comments only as a written/paper a draft guidance for industry entitled submission. You should submit two have been approved under OMB control ‘‘Assessment of Adhesion for Topical number 0910–0045. copies total. One copy will include the and Transdermal Systems Submitted in information you claim to be confidential New Drug Applications.’’ This draft III. Electronic Access with a heading or cover note that states guidance provides recommendations on ‘‘THIS DOCUMENT CONTAINS Persons with access to the internet the clinical assessment of the adhesive may obtain the draft guidance at either CONFIDENTIAL INFORMATION.’’ The properties of topical and transdermal Agency will review this copy, including https://www.fda.gov/drugs/guidance- delivery systems (collectively referred to compliance-regulatory-information/ the claimed confidential information, in as TDS) intended for submission in an its consideration of comments. The guidances-drugs or https:// NDA or supplemental NDA. The www.regulations.gov. second copy, which will have the amount of drug delivered into and claimed confidential information through the patient’s skin from a TDS is Dated: June 28, 2021. redacted/blacked out, will be available dependent, in part, on the ability of the Lauren K. Roth, for public viewing and posted on TDS to remain in direct contact with the Acting Principal Associate Commissioner for https://www.regulations.gov. Submit skin (adhesive properties). Adhesive Policy. both copies to the Dockets Management properties are clinically important as a [FR Doc. 2021–14202 Filed 7–1–21; 8:45 am] Staff. If you do not wish your name and loss of TDS adhesion during wear can BILLING CODE 4164–01–P contact information to be made publicly reduce the amount of drug delivered to available, you can provide this the patient, potentially compromising information on the cover sheet and not effectiveness. Additionally, partial or DEPARTMENT OF HEALTH AND in the body of your comments and you full detachment of a TDS from a HUMAN SERVICES must identify this information as patient’s skin may result in ‘‘confidential.’’ Any information marked unintentional exposure of the drug to Food and Drug Administration as ‘‘confidential’’ will not be disclosed others, potentially compromising safety. [Docket No. FDA–2020–D–0938] except in accordance with 21 CFR 10.20 This draft guidance includes key and other applicable disclosure law. For considerations for the design of the TDS Evaluating Cancer Drugs in Patients more information about FDA’s posting adhesion clinical study, including the With Central Nervous System of comments to public dockets, see 80 selection of endpoints and FDA’s Metastases; Guidance for Industry; FR 56469, September 18, 2015, or access current thinking on acceptable adhesion Availability the information at: https:// performance in the in vivo setting. www.govinfo.gov/content/pkg/FR-2015- This draft guidance is being issued AGENCY: Food and Drug Administration, 09-18/pdf/2015-23389.pdf. consistent with FDA’s good guidance HHS.
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ACTION: Notice of availability. Written/Paper Submissions docket number, found in brackets in the Submit written/paper submissions as heading of this document, into the SUMMARY: The Food and Drug follows: ‘‘Search’’ box and follow the prompts Administration (FDA or Agency) is • Mail/Hand Delivery/Courier (for and/or go to the Dockets Management announcing the availability of a final written/paper submissions): Dockets Staff, 5630 Fishers Lane, Rm. 1061, guidance entitled ‘‘Evaluating Cancer Management Staff (HFA–305), Food and Rockville, MD 20852, 240–402–7500. Drugs in Patients with Central Nervous Drug Administration, 5630 Fishers You may submit comments on any System Metastases; Guidance for Lane, Rm. 1061, Rockville, MD 20852. guidance at any time (see 21 CFR Industry.’’ The guidance document • For written/paper comments 10.115(g)(5)). provides recommendations regarding submitted to the Dockets Management Submit written requests for single the design of clinical trials of drugs and Staff, FDA will post your comment, as copies of the guidance to the Office of biological products regulated by the well as any attachments, except for Communication, Outreach and Center for Drug Evaluation and Research information submitted, marked and Development, Center for Biologics (CDER) and the Center for Biologics identified, as confidential, if submitted Evaluation and Research (CBER), Food Evaluation and Research (CBER) that are as detailed in ‘‘Instructions.’’ and Drug Administration, 10903 New intended to support product labeling Instructions: All submissions received Hampshire Ave., Bldg. 71, Rm. 3128, describing the antitumor activity in must include the Docket No. FDA– Silver Spring, MD 20993–0002. Send patients with central nervous system 2020–D–0938 for ‘‘Evaluating Cancer one self-addressed adhesive label to (CNS) metastases from solid tumors Drugs in Patients with Central Nervous assist the office in processing your originating outside the CNS. The System Metastases.’’ Received requests. The guidance may also be guidance includes study design comments will be placed in the docket obtained by mail by calling CBER at 1– recommendations regarding the patient and, except for those submitted as 800–835–4709 or 240–402–8010. See population, available therapy, prior ‘‘Confidential Submissions,’’ publicly the SUPPLEMENTARY INFORMATION section therapies, assessment of CNS disease, viewable at https://www.regulations.gov for electronic access to the guidance study endpoints, and leptomeningeal or at the Dockets Management Staff document. disease. The guidance announced in between 9 a.m. and 4 p.m., Monday FOR FURTHER INFORMATION CONTACT: this notice finalizes the draft guidance through Friday, 240–402–7500. of the same title dated August 2020. • Confidential Submissions—To Shanthi Marur, Center for Drug Evaluation and Research, Food and DATES: The announcement of the submit a comment with confidential Drug Administration, 10903 New guidance is published in the Federal information that you do not wish to be Hampshire Ave., Bldg. 22, Rm. 2369, Register on July 2, 2021. made publicly available, submit your comments only as a written/paper Silver Spring, MD 20993–0002, 240– ADDRESSES: You may submit either submission. You should submit two 402–6373; or Stephen Ripley, Center for electronic or written comments on copies total. One copy will include the Biologics Evaluation and Research, Agency guidances at any time as information you claim to be confidential Food and Drug Administration, 10903 follows: with a heading or cover note that states New Hampshire Ave., Bldg. 71, Rm. Electronic Submissions ‘‘THIS DOCUMENT CONTAINS 7301, Silver Spring, MD 20993–0002, CONFIDENTIAL INFORMATION.’’ The 240–402–7911. Submit electronic comments in the Agency will review this copy, including SUPPLEMENTARY INFORMATION: following way: the claimed confidential information, in I. Background • Federal eRulemaking Portal: its consideration of comments. The https://www.regulations.gov. Follow the second copy, which will have the FDA is announcing the availability of instructions for submitting comments. claimed confidential information a document entitled ‘‘Evaluating Cancer Comments submitted electronically, redacted/blacked out, will be available Drugs in Patients with Central Nervous including attachments, to https:// for public viewing and posted on System Metastases.’’ This guidance www.regulations.gov will be posted to https://www.regulations.gov. Submit provides recommendations for sponsors the docket unchanged. Because your both copies to the Dockets Management designing clinical trials of drugs and comment will be made public, you are Staff. If you do not wish your name and biological products regulated by CDER solely responsible for ensuring that your contact information to be made publicly and CBER that are intended to support comment does not include any available, you can provide this product labeling describing the confidential information that you or a information on the cover sheet and not antitumor activity in patients with CNS third party may not wish to be posted, in the body of your comments and you metastases from solid tumors originating such as medical information, your or must identify this information as outside the CNS. Specifically, the anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked guidance includes recommendations confidential business information, such as ‘‘confidential’’ will not be disclosed regarding the patient population, as a manufacturing process. Please note except in accordance with 21 CFR 10.20 available therapy, prior therapies, that if you include your name, contact and other applicable disclosure law. For assessment of CNS disease, study information, or other information that more information about FDA’s posting endpoints, and leptomeningeal disease. identifies you in the body of your of comments to public dockets, see 80 The guidance describes that CNS comments, that information will be FR 56469, September 18, 2015, or access metastases should be evaluated in the posted on https://www.regulations.gov. the information at: https:// context of the entire disease burden and • If you want to submit a comment www.govinfo.gov/content/pkg/FR-2015- discusses how treatment effects may be with confidential information that you 09-18/pdf/2015-23389.pdf. described in drug labeling. The do not wish to be made available to the Docket: For access to the docket to recommendations pertain to clinical public, submit the comment as a read background documents or the trials for systemic anticancer drugs written/paper submission and in the electronic and written/paper comments where patients with CNS metastases are manner detailed (see ‘‘Written/Paper received, go to https:// included in the study population. These Submissions’’ and ‘‘Instructions’’). www.regulations.gov and insert the recommendations are also applicable to
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trials conducted exclusively in patients it satisfies the requirements of the (plasminogen, human-tvmh), with CNS metastases. applicable statutes and regulations. manufactured by Prometic CNS metastases are associated with Bioproduction, Inc., meets the criteria II. Paperwork Reduction Act of 1995 significant morbidity and mortality and for a priority review voucher. development of therapeutic products for While this guidance contains no FOR FURTHER INFORMATION CONTACT: patients with CNS metastases is needed. collection of information, it does refer to Myrna Hanna, Center for Biologics FDA has participated in efforts to previously approved FDA collections of Evaluation and Research, Food and facilitate drug development for patients information. Therefore, clearance by the Drug Administration, 10903 New with CNS metastases, including a March Office of Management and Budget Hampshire Ave., Bldg. 71, Rm. 7301, 2019 ‘‘Workshop on Product (OMB) under the Paperwork Reduction Silver Spring, MD 20993–0002, 240– Development for CNS Metastases.’’ Act of 1995 (PRA) (44 U.S.C. 3501– 402–7911. Stakeholders at this meeting stated there 3521) is not required for this guidance. SUPPLEMENTARY INFORMATION: FDA is is a need for further FDA guidance on The previously approved collections of announcing the issuance of a priority specific topics, including identifying information are subject to review by review voucher to the sponsor of an optimal study endpoints. Study design OMB under the PRA. The collections of approved rare pediatric disease product challenges for CNS metastases include information in 21 CFR part 312 have application. Under section 529 of the uncertainty regarding optimal been approved under OMB control FD&C Act (21 U.S.C. 360ff), FDA will endpoints, lack of standardized number 0910–0014; the collections of award priority review vouchers to response assessments, understanding information in 21 CFR part 314 have sponsors of approved rare pediatric how CNS metastases are evaluated in been approved under OMB control disease product applications that meet the context of the entire burden of number 0910–0001; the collections of certain criteria. FDA has determined metastatic disease to characterize a information in 21 CFR part 601 have that RYPLAZIM (plasminogen, human- drug’s potential benefit (e.g., timing of been approved under 0910–0338; and tvmh), manufactured by Prometic CNS radiographic assessments relative the collections of information in 21 CFR Bioproduction, Inc., meets the criteria to other sites of metastases), and 201.56 and 201.57 have been approved for a priority review voucher. interpreting radiographic response in under OMB control number 0910–0572. RYPLAZIM (plasminogen, human-tvmh) the setting of recent radiation therapy or III. Electronic Access is indicated for the treatment of patients surgery. This guidance is intended to with plasminogen deficiency type 1 provide recommendations on these Persons with access to the internet (hypoplasminogenemia). study design challenges. may obtain the guidance at either For further information about the Rare In the Federal Register of August 27, https://www.fda.gov/vaccines-blood- Pediatric Disease Priority Review 2020 (85 FR 53007), FDA announced the biologics/guidance-compliance- Voucher Program and for a link to the availability of the draft guidance regulatory-information-biologics/ full text of section 529 of the FD&C Act, ‘‘Evaluating Cancer Drugs in Patients biologics-guidances or https:// go to https://www.fda.gov/industry/ with Central Nervous System www.regulations.gov. developing-products-rare-diseases- Metastases’’ dated August 2020. FDA Dated: June 28, 2021. conditions/rare-pediatric-disease-rpd- received several comments on the draft Lauren K. Roth, designation-and-voucher-programs. For guidance and those comments were further information about RYPLAZIM considered as the guidance was Acting Principal Associate Commissioner for Policy. (plasminogen, human-tvmh), go to the finalized. A summary of changes Center for Biologics Evaluation and includes: Clarification on the number of [FR Doc. 2021–14194 Filed 7–1–21; 8:45 am] BILLING CODE 4164–01–P Research Cellular and Gene Therapy stratification factors the protocol should Products website at https:// specify in order to minimize bias, www.fda.gov/vaccines-blood-biologics/ confirmation of the version of Response DEPARTMENT OF HEALTH AND cellular-gene-therapy-products/ Evaluation Criteria in Solid Tumours HUMAN SERVICES approved-cellular-and-gene-therapy- (RECIST) that should be referred to products. when evaluating CNS disease, Food and Drug Administration clarification that both CNS and Dated: June 25, 2021. systematic duration of response should [Docket No. FDA–2020–N–0026] Lauren K. Roth, be captured and the addition of a 6- Acting Principal Associate Commissioner for Issuance of Priority Review Voucher; month timepoint, and the addition of Policy. Rare Pediatric Disease Product progression-free survival in patients [FR Doc. 2021–14191 Filed 7–1–21; 8:45 am] with brain metastasis as another AGENCY: Food and Drug Administration, BILLING CODE 4164–01–P measurement to be reported when CNS HHS. is a common metastatic site. In addition, ACTION: Notice. editorial changes were made to improve DEPARTMENT OF HEALTH AND clarity. The guidance announced in this SUMMARY: The Food and Drug HUMAN SERVICES notice finalizes the draft guidance dated Administration (FDA) is announcing the August 27, 2020. issuance of a priority review voucher to National Institutes of Health This guidance is being issued the sponsor of a rare pediatric disease National Institute of Allergy and consistent with FDA’s good guidance product application. The Federal Food, Infectious Diseases; Notice of Closed practices regulation (21 CFR 10.115). Drug, and Cosmetic Act (FD&C Act) Meeting The guidance represents the current authorizes FDA to award priority review thinking of FDA on ‘‘Evaluating Cancer vouchers to sponsors of approved rare Pursuant to section 10(d) of the Drugs in Patients with Central Nervous pediatric disease product applications Federal Advisory Committee Act, as System Metastases.’’ It does not that meet certain criteria. FDA is amended, notice is hereby given of the establish any rights for any person and required to publish notice of the award following meeting. is not binding on FDA or the public. of the priority review voucher. FDA has The meeting will be closed to the You can use an alternative approach if determined that RYPLAZIM public in accordance with the
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provisions set forth in sections meeting and registration are available at Written public comments should be 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., https://ntp.niehs.nih.gov/go/165. submitted through the meeting web as amended. The grant applications and DATES: page. Persons submitting written the discussions could disclose Meeting: Scheduled for August 4, comments should include name, confidential trade secrets or commercial 2021, 12:30 p.m.–5:00 p.m. Eastern affiliation, mailing address, phone, property such as patentable material, Daylight Time (EDT). email, and sponsoring organization (if and personal information concerning Written Public Comment any). Written comments received in individuals associated with the grant Submissions: Deadline is July 28, 2021. response to this notice will be posted on applications, the disclosure of which Registration for Oral Comments: the NTP web page, and the submitter would constitute a clearly unwarranted Deadline is July 28, 2021. will be identified by name, affiliation, invasion of personal privacy. ADDRESSES: and sponsoring organization (if any). Oral Public Comment Registration: Name of Committee: National Institute of Meeting web page: The preliminary Allergy and Infectious Diseases Special agenda, registration, and other meeting The agenda allows for two formal public Emphasis Panel; HIV Vaccine Research and materials are available at https:// comment periods—one comment period Design (HIVRAD) Program (P01 Clinical Trial ntp.niehs.nih.gov/go/165. for each program area (up to 3 Not Allowed). Virtual Meeting: The URL for viewing commenters, up to 5 minutes per Date: July 29, 2021. the virtual meeting will be provided on speaker, per topic). Persons wishing to Time: 9:30 a.m. to 6:00 p.m. the meeting web page the day before the make an oral comment are required to Agenda: To review and evaluate grant meeting. register online at https:// applications. ntp.niehs.nih.gov/go/165 by July 28, FOR FURTHER INFORMATION CONTACT: Dr. Place: National Institute of Allergy and 2021. Oral comments will be received Sheena Scruggs, Designated Federal Infectious Diseases, National Institutes of only during the formal comment periods Health, 5601 Fishers Lane, Room 3G11A, Official for the BSC, Office of Policy, indicated on the preliminary agenda. Rockville, MD 20892 (Virtual Meeting). Review, and Outreach, Division of NTP, Oral comments will only be by Contact Person: J. Bruce Sundstrom, Ph.D., NIEHS, P.O. Box 12233, K2–03, teleconference line. The access number Scientific Review Officer, Scientific Review Research Triangle Park, NC 27709. for the teleconference line will be Program, National Institute of Allergy and Phone: 984–287–3355, Fax: 301–451– Infectious Diseases, National Institutes of provided to registrants by email prior to 5759, Email: [email protected]. Health, 5601 Fishers Lane, Room 3G11A, the meeting. Registration is on a first- Rockville, MD 20852, 240–669–5045, Hand Deliver/Courier address: 530 come, first-served basis. Each [email protected]. Davis Drive, Room K2126, Morrisville, organization is allowed one time slot (Catalogue of Federal Domestic Assistance NC 27560. per topic. After the maximum number of Program Nos. 93.855, Allergy, Immunology, SUPPLEMENTARY INFORMATION: The BSC speakers per comment period is and Transplantation Research; 93.856, will provide input to the NTP on exceeded, individuals registered to Microbiology and Infectious Diseases programmatic activities and issues. The provide oral comment will be placed on Research, National Institutes of Health, HHS) preliminary agenda topics include a wait list and notified should an Dated: June 28, 2021. presentations from two of the Division opening become available. Commenters Tyeshia M. Roberson-Curtis, of the National Toxicology Program will be notified approximately one week Program Analyst, Office of Federal Advisory (DNTP)’s research program areas. The before the meeting about the actual time Committee Policy. preliminary agenda, roster of BSC allotted per speaker. [FR Doc. 2021–14173 Filed 7–1–21; 8:45 am] members, background materials, public If possible, oral public commenters BILLING CODE 4140–01–P comments, and any additional should send a copy of their slides and/ information, when available, will be or statement or talking points to NTP- posted on the BSC meeting web page [email protected] by July 28, 2021. DEPARTMENT OF HEALTH AND (https://ntp.niehs.nih.gov/go/165) or Meeting Materials: The preliminary HUMAN SERVICES may be requested in hardcopy from the meeting agenda is available on the Designated Federal Official for the BSC. meeting web page (https:// National Institutes of Health Following the meeting, summary ntp.niehs.nih.gov/go/165) and will be minutes will be prepared and made updated one week before the meeting. National Toxicology Program Board of available on the BSC meeting web page. Individuals are encouraged to access the Scientific Counselors; Announcement Meeting Attendance Registration: The meeting web page to stay abreast of the of Meeting; Request for Comments meeting is open to the public with time most current information regarding the scheduled for oral public comments. meeting. AGENCY: National Institutes of Health, Registration is not required to view the Background Information on the BSC: HHS. virtual meeting; the URL for the virtual The BSC is a technical advisory body ACTION: Notice. meeting is provided on the BSC meeting comprised of scientists from the public web page (https://ntp.niehs.nih.gov/go/ and private sectors that provides SUMMARY: This notice announces the 165) the day before the meeting. TTY primary scientific oversight to the NTP. next meeting of the National Toxicology users should contact the Federal TTY Specifically, the BSC advises the NTP Program (NTP) Board of Scientific Relay Service at 800–877–8339. on matters of scientific program content, Counselors (BSC). The BSC, a federally Requests should be made at least five both present and future, and conducts chartered, external advisory group business days in advance of the event. periodic review of the program for the composed of scientists from the public Written Public Comments: NTP purpose of determining and advising on and private sectors, will review and invites written public comments. the scientific merit of its activities and provide advice on programmatic Guidelines for public comments are their overall scientific quality. Its activities. This meeting is a virtual available at https://ntp.niehs.nih.gov/ members are selected from recognized meeting and is open to the public. ntp/about_ntp/guidelines_public_ authorities knowledgeable in fields such Written comments will be accepted and comments_508.pdf. as toxicology, pharmacology, pathology, registration is required to present oral The deadline for submission of epidemiology, risk assessment, comments. Information about the written comments is July 28, 2021. carcinogenesis, mutagenesis, cellular
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biology, computational toxicology, Dated: June 29, 2021. The DPA authorizes the making of neurotoxicology, genetic toxicology, Melanie J. Pantoja, ‘‘voluntary agreements and plans of reproductive toxicology or teratology, Program Analyst, Office of Federal Advisory action’’ with representatives of industry, and biostatistics. Members serve Committee Policy. business, and other interests to help overlapping terms of up to four years. [FR Doc. 2021–14222 Filed 7–1–21; 8:45 am] provide for the national defense.1 The The BSC usually meets periodically. BILLING CODE 4140–01–P President’s authority to facilitate The authority for the BSC is provided by voluntary agreements with respect to 42 U.S.C. 217a, section 222 of the Public responding to the spread of COVID–19 Health Service Act (PHS), as amended. DEPARTMENT OF HOMELAND within the United States was delegated The BSC is governed by the SECURITY to the Secretary of Homeland Security provisions of the Federal Advisory in Executive Order 13911.2 The Committee Act, as amended (5 U.S.C. Federal Emergency Management Secretary of Homeland Security further app.), which sets forth standards for the Agency delegated this authority to the FEMA formation and use of advisory 3 [Docket ID FEMA–2020–0016] Administrator. committees. On August 17, 2020, after the Dated: June 29, 2021. Meetings To Implement Pandemic appropriate consultations with the Brian R. Berridge, Response Voluntary Agreement Under Attorney General and the Chairman of Associate Director, National Toxicology Section 708 of the Defense Production the Federal Trade Commission, FEMA Program. Act completed and published in the Federal Register a ‘‘Voluntary Agreement, [FR Doc. 2021–14238 Filed 7–1–21; 8:45 am] AGENCY: Federal Emergency Manufacture and Distribution of Critical BILLING CODE 4140–01–P Management Agency, Department of Healthcare Resources Necessary to Homeland Security. Respond to a Pandemic’’ (Voluntary DEPARTMENT OF HEALTH AND ACTION: Announcement of meetings. Agreement).4 Unless terminated earlier, the Voluntary Agreement is effective HUMAN SERVICES SUMMARY: The Federal Emergency until August 17, 2025, and may be Management Agency (FEMA) is holding National Institutes of Health extended subject to additional approval a series of meetings to implement the by the Attorney General after Voluntary Agreement for the National Institute of Mental Health; consultation with the Chairman of the Manufacture and Distribution of Critical Notice of Closed Meeting Federal Trade Commission. The Healthcare Resources Necessary to Agreement may be used to prepare for Pursuant to section 10(d) of the Respond to a Pandemic. Federal Advisory Committee Act, as or respond to any pandemic, including DATES: The schedule for these meetings COVID–19, during that time. amended, notice is hereby given of the is as follows: following meeting. • On December 7, 2020, the first plan of The first meeting took place on action under the Voluntary The meeting will be closed to the Tuesday, June 22, 2021, from 2 to 4 p.m. public in accordance with the Agreement—the Plan of Action to Eastern Time (ET). Establish a National Strategy for the provisions set forth in sections • The second meeting took place on Manufacture, Allocation, and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Wednesday, June 23, 2021, from 11 a.m. Distribution of Personal Protective as amended. The grant applications and to 1 p.m. ET. Equipment (PPE) to Respond to COVID– the discussions could disclose • The third meeting took place on 19 (PPE Plan of Action)—was finalized.5 confidential trade secrets or commercial Tuesday, June 29, 2021, from 2 to 4 p.m. The PPE Plan of Action established property such as patentable material, ET. and personal information concerning • The fourth meeting took place on several sub-committees under the individuals associated with the grant Thursday, July 1, 2021, from 2 to 4 p.m. Voluntary Agreement, focusing on applications, the disclosure of which ET. different aspects of the PPE Plan of would constitute a clearly unwarranted • The fifth meeting will take place on Action. invasion of personal privacy. Tuesday, July 20, 2021, from 11 a.m. to On May 24, 2021, four additional plans of action under the Voluntary Name of Committee: National Institute of 1 p.m. ET. • The sixth meeting will take place Agreement—the Plan of Action to Mental Health Special Emphasis Panel; From Establish a National Strategy for the Genomic Association to Causation: A on Thursday, July 22, 2021, from 2 to 4 Convergent Neuroscience Approach for p.m. ET. Manufacture, Allocation, and Neuropsychiatric Disorders (U19). • The seventh meeting will take place Distribution of Diagnostic Test Kits and Date: July 28, 2021. on Tuesday, August 3, 2021, from 11 other Testing Components to respond to Time: 12:00 p.m. to 5:00 p.m. a.m. to 1 p.m. ET. COVID–19, the Plan of Action to Agenda: To review and evaluate grant • The eighth meeting will take place applications. on Thursday, August 5, 2021, from 2 to 1 50 U.S.C. 4558(c)(1). Place: National Institutes of Health, 2 4 p.m. ET. 85 FR 18403 (Apr. 1, 2020). Neuroscience Center, 6001 Executive 3 DHS Delegation 09052, Rev. 00.1 (Apr. 1, 2020); Boulevard, Rockville, MD 20852, (Telephone FOR FURTHER INFORMATION CONTACT: DHS Delegation Number 09052 Rev. 00 (Jan. 3, Conference Call). Robert Glenn, Office of Business, 2017). Contact Person: David W. Miller, Ph.D., Industry, Infrastructure Integration, via 4 85 FR 50035 (Aug. 17, 2020). The Attorney Scientific Review Officer, Division of email at [email protected] or via General, in consultation with the Chairman of the Extramural Activities, National Institute of phone at (202) 212–1666. Federal Trade Commission, made the required Mental Health, NIH, Neuroscience Center, finding that the purpose of the voluntary agreement 6001 Executive Blvd, Room 6140, MSC 9608, SUPPLEMENTARY INFORMATION: Notice of may not reasonably be achieved through an Bethesda, MD 20892–9608, 301–443–9734, these meetings is provided as required agreement having less anticompetitive effects or by section 708(h)(8) of the Defense without any voluntary agreement and published the [email protected]. finding in the Federal Register on the same day. 85 (Catalogue of Federal Domestic Assistance Production Act (DPA), 50 U.S.C. FR 50049 (Aug. 17, 2020). Program No. 93.242, Mental Health Research 4558(h)(8), and consistent with 44 CFR 5 See 85 FR 78869 (Dec. 7, 2020). See also 85 FR Grants, National Institutes of Health, HHS) part 332. 79020 (Dec. 8, 2020).
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Establish a National Strategy for the and the meetings are therefore closed to Officer, QDAM, Department of Housing Manufacture, Allocation, and the public. and Urban Development, 451 7th Street Distribution of Drug Products, Drug Specifically, these meetings to SW, Room 4176, Washington, DC Substances, and Associated Medical implement the Voluntary Agreement 20410–5000; telephone 202–402–3400 Devices to respond to COVID–19, the may require participants to disclose (this is not a toll-free number) or email Plan of Action to Establish a National trade secrets or commercial or financial at [email protected] for a copy of Strategy for the Manufacture, information that is privileged or the proposed forms or other available Allocation, and Distribution of Medical confidential. Disclosure of such information. Persons with hearing or Devices to respond to COVID–19, and information allows for meetings to be speech impairments may access this the Plan of Action to Establish a closed pursuant to 5 U.S.C. 552b(c)(4). number through TTY by calling the toll- National Strategy for the Manufacture, In addition, the success of the Voluntary free Federal Relay Service at (800) 877– Allocation, and Distribution of Medical Agreement depends wholly on the 8339. Gases to respond to COVID–19—were willing and enthusiastic participation of FOR FURTHER INFORMATION CONTACT: finalized.6 These plans of action private sector participants. Failure to Colette Pollard, Reports Management established several sub-committees close these meetings could have a strong Officer, QDAM, Department of Housing under the Voluntary Agreement, chilling effect on private sector and Urban Development, 451 7th Street focusing on different aspects of each participation and cause a substantial SW, Washington, DC 20410; email plan of action. risk that sensitive information will be Colette Pollard at Colette.Pollard@ The meetings are chaired by the prematurely released to the public, hud.gov or telephone 202–402–3400. FEMA Administrator or her delegate leading to participants withdrawing This is not a toll-free number. Persons and attended by the Attorney General their support from the Voluntary with hearing or speech impairments and the Chairman of the Federal Trade Agreement. This would significantly may access this number through TTY by Commission or their delegates. In frustrate the implementation of the calling the toll-free Federal Relay implementing the Voluntary Agreement, Voluntary Agreement. Frustration of an Service at (800) 877–8339. FEMA adheres to all procedural agency’s objective due to premature Copies of available documents requirements of 50 U.S.C. 4558 and 44 disclosure of information allows for the submitted to OMB may be obtained CFR part 332. closure of a meeting pursuant to 5 from Ms. Pollard. Meeting Objectives: The objectives of U.S.C. 552b(c)(9)(B). SUPPLEMENTARY INFORMATION: This the meetings are as follows: Deanne Criswell, notice informs the public that HUD is 1. Gather committee Participants and seeking approval from OMB for the Attendees to ask targeted questions for Administrator, Federal Emergency Management Agency. information collection described in situational awareness about PPE, drug Section A. products and drug substances, [FR Doc. 2021–14251 Filed 7–1–21; 8:45 am] diagnostic test kits, medical devices, BILLING CODE 9111–19–P A. Overview of Information Collection and medical gases. Title of Information Collection: FHA 2. Establish priorities for COVID–19 Catalyst: Multifamily Application DEPARTMENT OF HOUSING AND response under the Voluntary Portal. URBAN DEVELOPMENT Agreement. OMB Approval Number: 2502–0620. 3. Identify tasks that should be [Docket No. FR–7038–N–09] OMB Expiration Date: 5/31/2021. completed under the appropriate Sub- Type of Request: Extension of Committee. 60-Day Notice of Proposed Information currently approved collection. 4. Identify information gaps and areas Collection: FHA Catalyst: Multifamily Form Number: N/A. that merit sharing (both from FEMA to Application Portal, OMB Control No.: Description of the need for the the private sector and vice versa). 2502–0620 information and proposed use: The Meetings Closed to the Public: By Department of Housing and Urban AGENCY: Office of the Assistant default, the DPA requires meetings held Development (HUD)/Federal Housing Secretary for Housing—Federal Housing to implement a voluntary agreement or Administration’s (FHA) Office of Commissioner, HUD. plan of action be open to the public.7 Multifamily Housing Programs (MFH) However, attendance may be limited if ACTION: Notice. has developed a web-based portal for the Sponsor 8 of the voluntary SUMMARY: HUD is seeking approval from FHA-approved multifamily lenders to agreement finds that the matter to be the Office of Management and Budget submit applications for FHA discussed at a meeting falls within the (OMB) for the information collection multifamily mortgage insurance to HUD purview of matters described in 5 U.S.C. described below. In accordance with the electronically. The FHA Catalyst: 552b(c), such as trade secrets and Paperwork Reduction Act, HUD is Multifamily Application Portal (‘‘FHA commercial or financial information. requesting comment from all interested Catalyst’’), was released in fall 2020 to The Sponsor of the Voluntary parties on the proposed collection of aid in the collection of information for Agreement, the FEMA Administrator, information. The purpose of this notice FHA multifamily mortgage insurance found that these meetings to implement is to allow for 60 days of public program applications. The National the Voluntary Agreement involve comment. Housing Act (12 U.S.C. 1701 et seq.) and matters which fall within the purview of implementing regulations at 24 CFR matters described in 5 U.S.C. 552b(c) DATES: Comments Due Date: August 31, parts 200–266 authorize HUD/FHA to 2021. administer the multifamily mortgage 6 See 86 FR 27894 (May 24, 2021). See also 86 FR ADDRESSES: Interested persons are insurance programs. The specific 28851 (May 28, 2021). invited to submit comments regarding authority to require a mortgage 7 See 50 U.S.C. 4558(h)(7). this proposal. Comments should refer to insurance application is found at 24 8 ‘‘[T]he individual designated by the President in subsection (c)(2) [of section 708 of the DPA] to the proposal by name and/or OMB CFR 200.45(b): ‘‘[a]n application for a administer the voluntary agreement, or plan of Control Number and should be sent to: firm commitment must be made by an action.’’ 50 U.S.C. 4558(h)(7). Colette Pollard, Reports Management approved mortgagee for any project for
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which a mortgagor seeks mortgage HUD encourages interested parties to numbers.) Additional copies of this insurance under the Act.’’ submit comment in response to these notice are available through HUD User FHA Catalyst allows FHA-approved questions. at (800) 245–2691 for a small fee to multifamily lenders to submit electronic cover duplication and mailing costs. C. Authority applications for FHA multifamily Copies Available Electronically: This mortgage insurance and related Section 3507 of the Paperwork notice and additional information about documents to HUD through a web-based Reduction Act of 1995, 44 U.S.C. 3507. DDAs and QCTs are available portal, and HUD staff are able to receive Janet M. Golrick, electronically on the internet at http:// and download the documents from the Acting, Chief of Staff for the Office of Housing, www.huduser.org/datasets/qct.html. portal. The system is designed to Federal Housing Administration. SUPPLEMENTARY INFORMATION: streamline existing processes for collecting information to administer [FR Doc. 2021–14146 Filed 7–1–21; 8:45 am] Background BILLING CODE 4210–67–P FHA multifamily mortgage insurance On March 13, 2020, the President programs; no new information will be issued major disaster declarations under collected as a result of FHA Catalyst. DEPARTMENT OF HOUSING AND the authority of the Stafford Act with Prior to the COVID–19 pandemic, URBAN DEVELOPMENT respect to all 50 States, the District of multifamily lenders submitted Columbia, and 5 territories (American applications to HUD in USB and hard [Docket No. FR–6275–N–01] Samoa, Guam, Puerto Rico, Northern copy format via mail. Due to the Statutorily Mandated Designation of Mariana Islands, and the U.S. Virgin pandemic, multifamily lenders are Islands) to assist with additional needs currently submitting electronic Difficult Development Areas and Qualified Census Tracts: Revision of identified under the nationwide applications using various online file- emergency declaration for COVID–19. In sharing platforms (e.g., Dropbox) as a Effective Date for 2019 and 2020 Designations the context of a Presidentially-declared short-term solution. FHA Catalyst Major Disaster, IRS Revenue Procedure provides multifamily lenders and MFH AGENCY: Office of the Assistant 2014–49, 2014–37 I.R.B. 535, provides with a central, secure portal and long- Secretary for Policy Development and temporary relief to housing finance term solution for online application Research, HUD. agencies (HFAs) and owners from submissions that will be used for the ACTION: Notice. certain requirements of IRC Section 42. duration of the COVID–19 pandemic Among the relief provided, if an owner and beyond. Hard copies and/or SUMMARY: This document revises the has a carryover allocation for a building removable USB drives will no longer be effective date for designations of located in a Major Disaster Area and the required for applications submitted ‘‘Difficult Development Areas’’ (DDAs) Major Disaster occurs on or after the through FHA Catalyst once FHA and ‘‘Qualified Census Tracts’’ (QCTs) date of the carryover allocation, an HFA Catalyst becomes mandatory. for purposes of the Low-Income may grant an extension to the placed-in- Respondents (i.e., affected public): Housing Tax Credit (LIHTC) under service requirement. Rev. Proc. 2014– Business or other for-profit; individuals Internal Revenue Code (IRC) Section 42 49, Section 6.03. This extension applies or households; not-for-profit intuitions; (26 U.S.C. 42) published on October 22, only to properties receiving IRC Section state, local, or tribal government. 2018, (83 FR 53282) and September 25, 42 allocated credits and does not apply Estimated Number of Respondents: 2019, (84 FR 50465) in response to the or provide relief to properties receiving 741. Presidentially-declared COVID–19 credits associated with IRC Section 142 Estimated Number of Responses: 741. emergency. This notice extends from Frequency of Response: 1. tax-exempt bond revenue. HUD is 730 days to 910 days the period for revising the effective date of the 2019 Average Hours per Response: 1. which the 2019 and 2020 lists of QCTs Total Estimated Burden: 741. and 2020 QCTs and DDAs at this time and DDAs are effective for projects (1) to aid the ability of areas affected by B. Solicitation of Public Comment located in an area not on subsequent COVID–19 to place in service affordable This notice is soliciting comments lists of DDAs or QCTs; and (2) that housing under both Section 42 and from members of the public and affected submitted applications while the area Section 142. was a 2019 or 2020 QCT or DDA. parties concerning the collection of I. This Notice information described in Section A on FOR FURTHER INFORMATION CONTACT: For the following: questions on how areas are designated This notice extends from 730 days to (1) Whether the proposed collection and on geographic definitions, contact 910 days the period for which the 2019 of information is necessary for the Michael K. Hollar, Senior Economist, and 2020 lists of QCTs and DDAs are proper performance of the functions of Economic Development and Public effective for projects that are not located the agency, including whether the Finance Division, Office of Policy in areas on subsequent lists of DDAs or information will have practical utility; Development and Research, Department QCTs but submitted applications while (2) The accuracy of the agency’s of Housing and Urban Development, the area was a 2019 or 2020 QCT or estimate of the burden of the proposed 451 Seventh Street SW, Room 8234, DDA. HUD published lists of DDAs and collection of information; Washington, DC 20410–6000; telephone QCTs for 2019 on October 22, 2018 (83 (3) Ways to enhance the quality, number (202) 402–5878, or send an FR 53282); for 2020 on September 25, utility, and clarity of the information to email to [email protected]. For 2019 (84 FR 50465); and for 2021 on be collected; and specific legal questions, contact Branch September 24, 2020 (85 FR 60255). The (4) Ways to minimize the burden of 5, Office of the Associate Chief Counsel, actual designations of 2019 and 2020 the collection of information on those Passthroughs and Special Industries, QCTs and DDAs are not affected by this who are to respond; including through Internal Revenue Service, 1111 notice. HUD is revising the effective the use of appropriate automated Constitution Avenue NW, Washington, date of the 2019 and 2020 QCTs and collection techniques or other forms of DC 20224; telephone number (202) 317– DDAs at this time to aid the ability of information technology, e.g., permitting 4137, fax number (855) 591–7867. areas affected by COVID–19 to place in electronic submission of responses. (These are not toll-free telephone service affordable housing.
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II. Extension of 2019 DDA and QCT of buildings to be constructed or (Case A) Project A is located in a 2019 Designations rehabilitated under the rules of the DDA that is NOT a designated DDA in For LIHTC and bond-financed LIHTC and meeting the following 2020, 2021, or 2022. A complete projects, the sections entitled ‘‘Effective criteria: application for tax credits for Project A Date’’ and ‘‘Interpretive Examples of (1) The multiphase composition of the is filed with the allocating agency on Effective Date’’ of the 2019 DDA and project (i.e., total number of buildings November 15, 2019. Credits are QCT designations as published October and phases in project, with a allocated to Project A on January 30, 22, 2018 (83 FR 53282) are hereby description of how many buildings are 2022. Project A is eligible for the revised to read as follows: to be built in each phase and when each increase in basis accorded a project in phase is to be completed, and any other a 2019 DDA because the application was Effective Date information required by the agency) is filed BEFORE January 1, 2020 (the The 2019 lists of QCTs and DDAs are made known by the applicant in the effective date for the 2020 DDA lists), effective: first application of credit for any and because tax credits were allocated (1) For allocations of credit after building in the project, and that no later than the end of the 910-day December 31, 2018; or applicant identifies the buildings in the period after the filing of the complete (2) for purposes of IRC section project for which credit is (or will be) application for an allocation of tax 42(h)(4), if the bonds are issued and the sought; credits. building is placed in service after (2) The aggregate amount of LIHTC (Case B) Project B is located in a 2019 December 31, 2018. applied for on behalf of, or that would DDA that is NOT a designated DDA in If an area is not on a subsequent list eventually be allocated to, the buildings 2020, 2021, or 2022. A complete of DDAs, the 2019 lists are effective for on the site exceeds the one-year application for tax credits for Project B the area if: limitation on credits per applicant, as is filed with the allocating agency on (1) The allocation of credit to an defined in the Qualified Allocation Plan December 1, 2019. Credits are allocated applicant is made no later than the end (QAP) of the LIHTC-allocating agency, to Project B on June 30, 2022. Project B of the 910-day period after the applicant or the annual per-capita credit authority is NOT eligible for the increase in basis submits a complete application to the of the LIHTC allocating agency, and is accorded a project in a 2019 DDA LIHTC-allocating agency, and the the reason the applicant must request because, although the application for an submission is made before the effective multiple allocations over two or more allocation of tax credits was filed date of the subsequent lists; or years; and BEFORE January 1, 2020 (the effective (2) for purposes of IRC section (3) All applications for LIHTC for date of the 2020 DDA lists), the tax 42(h)(4), if: buildings on the site are made in credits were allocated later than the end (a) The bonds are issued or the immediately consecutive years. of the 910-day period after the filing of building is placed in service no later Members of the public are hereby the complete application. than the end of the 910-day period after reminded that the Secretary of Housing (Case C) Project C is located in a 2019 the applicant submits a complete and Urban Development, or the DDA that was not a DDA in 2018. application to the bond-issuing agency, Secretary’s designee, has legal authority Project C was placed in service on and to designate DDAs and QCTs, in November 15, 2018. A complete (b) the submission is made before the accordance with 26 U.S.C. 42(d)(5), by application for tax-exempt bond effective date of the subsequent lists, publishing lists of geographic entities as financing for Project C is filed with the provided that both the issuance of the defined by, in the case of DDAs, the bond-issuing agency on January 15, bonds and the placement in service of Census Bureau, the several states and 2019. The bonds that will support the the building occur after the application the governments of the insular areas of permanent financing of Project C are is submitted. the United States and, in the case of issued on September 30, 2019. Project C An application is deemed to be QCTs, by the Census Bureau; and to is NOT eligible for the increase in basis submitted on the date it is filed if the establish the effective dates of such lists. otherwise accorded a project in a 2019 application is determined to be The Secretary of the Treasury, through DDA, because the project was placed in complete by the credit-allocating or the IRS thereof, has sole legal authority service BEFORE January 1, 2019. bond-issuing agency. A ‘‘complete to interpret, and to determine and (Case D) Project D is located in an application’’ means that no more than enforce compliance with the IRC and area that is a DDA in 2019, but is NOT de minimis clarification of the associated regulations, including a DDA in 2020, 2021, or 2022. A application is required for the agency to Federal Register notices published by complete application for tax-exempt make a decision about the allocation of HUD for purposes of designating DDAs bond financing for Project D is filed tax credits or issuance of bonds and QCTs. Representations made by any with the bond-issuing agency on requested in the application. other entity as to the content of HUD October 30, 2019. Bonds are issued for In the case of a ‘‘multiphase project,’’ notices designating DDAs and QCTs that Project D on January 30, 2022, but the DDA or QCT status of the site of the do not precisely match the language Project D is not placed in service until project that applies for all phases of the published by HUD should not be relied July 30, 2022. Project D is eligible for project is that which applied when the upon by taxpayers in determining what the increase in basis available to project received its first allocation of actions are necessary to comply with projects located in 2019 DDAs because: LIHTC. For purposes of IRC section HUD notices. (1) One of the two events necessary for 42(h)(4), the DDA or QCT status of the triggering the effective date for buildings site of the project that applies for all Interpretive Examples of Effective Date described in Section 42(h)(4)(B) of the phases of the project is that which For the convenience of readers of this IRC (the two events being bonds issued applied when the first of the following notice, interpretive examples are and buildings placed in service) took occurred: (a) The building(s) in the first provided below to illustrate the place on January 30, 2022, within the phase were placed in service, or (b) the consequences of the effective date in 910-day period after a complete bonds were issued. areas that gain or lose DDA status. The application for tax-exempt bond For purposes of this notice, a examples covering DDAs are equally financing was filed, (2) the application ‘‘multiphase project’’ is defined as a set applicable to QCT designations. was filed during a time when the
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location of Project D was in a DDA, and applied when the first of the following Interpretive Examples of Effective Date (3) both the issuance of the bonds and occurred: (a) The building(s) in the first For the convenience of readers of this placement in service of Project D phase were placed in service, or (b) the notice, interpretive examples are occurred after the application was bonds were issued. provided below to illustrate the submitted. For purposes of this notice, a consequences of the effective date in Extension of 2020 DDA and QCT ‘‘multiphase project’’ is defined as a set areas that gain or lose DDA status. The Designations of buildings to be constructed or examples covering DDAs are equally rehabilitated under the rules of the applicable to QCT designations. For LIHTC and bond-financed LIHTC and meeting the following (Case A) Project A is located in a 2020 projects, the sections entitled ‘‘Effective DDA that is NOT a designated DDA in Date’’ and ‘‘Interpretive Examples of criteria: 2021, 2022, or 2023. A complete Effective Date’’ of the 2020 DDA and (1) The multiphase composition of the application for tax credits for Project A QCT designations as published project (i.e., total number of buildings is filed with the allocating agency on September 25, 2019 (84 FR 50465) are and phases in project, with a November 15, 2020. Credits are hereby revised to read as follows: description of how many buildings are allocated to Project A on January 30, to be built in each phase and when each 2023. Project A is eligible for the Effective Date phase is to be completed, and any other increase in basis accorded a project in The 2020 lists of QCTs and DDAs are information required by the agency) is a 2020 DDA because the application was effective: made known by the applicant in the filed BEFORE January 1, 2021 (the (1) For allocations of credit after first application of credit for any effective date for the 2021 DDA lists), December 31, 2019; or building in the project, and that and because tax credits were allocated (2) for purposes of IRC section applicant identifies the buildings in the no later than the end of the 910-day 42(h)(4), if the bonds are issued and the project for which credit is (or will be) period after the filing of the complete building is placed in service after sought; December 31, 2019. application for an allocation of tax If an area is not on a subsequent list (2) The aggregate amount of LIHTC credits. of DDAs, the 2020 lists are effective for applied for on behalf of, or that would (Case B) Project B is located in a 2020 the area if: eventually be allocated to, the buildings DDA that is NOT a designated DDA in (1) The allocation of credit to an on the site exceeds the one-year 2021, 2022, or 2023. A complete applicant is made no later than the end limitation on credits per applicant, as application for tax credits for Project B of the 910-day period after the applicant defined in the Qualified Allocation Plan is filed with the allocating agency on submits a complete application to the (QAP) of the LIHTC-allocating agency, December 1, 2020. Credits are allocated LIHTC-allocating agency, and the or the annual per-capita credit authority to Project B on June 30, 2023. Project B submission is made before the effective of the LIHTC allocating agency, and is is NOT eligible for the increase in basis date of the subsequent lists; or the reason the applicant must request accorded a project in a 2020 DDA (2) for purposes of IRC section multiple allocations over two or more because, although the application for an 42(h)(4), if: years; and allocation of tax credits was filed (a) The bonds are issued or the (3) All applications for LIHTC for BEFORE January 1, 2021 (the effective building is placed in service no later buildings on the site are made in date of the 2021 DDA lists), the tax than the end of the 910-day period after immediately consecutive years. credits were allocated later than the end the applicant submits a complete of the 910-day period after the filing of application to the bond-issuing agency, Members of the public are hereby the complete application. and reminded that the Secretary of Housing (Case C) Project C is located in a 2020 (b) the submission is made before the and Urban Development, or the DDA that was not a DDA in 2019. effective date of the subsequent lists, Secretary’s designee, has legal authority Project C was placed in service on provided that both the issuance of the to designate DDAs and QCTs, in November 15, 2019. A complete bonds and the placement in service of accordance with 26 U.S.C. 42(d)(5), by application for tax-exempt bond the building occur after the application publishing lists of geographic entities as financing for Project C is filed with the is submitted. defined by, in the case of DDAs, the bond-issuing agency on January 15, An application is deemed to be Census Bureau, the several states and 2020. The bonds that will support the submitted on the date it is filed if the the governments of the insular areas of permanent financing of Project C are application is determined to be the United States and, in the case of issued on September 30, 2020. Project C complete by the credit-allocating or QCTs, by the Census Bureau; and to is NOT eligible for the increase in basis bond-issuing agency. A ‘‘complete establish the effective dates of such lists. otherwise accorded a project in a 2020 application’’ means that no more than The Secretary of the Treasury, through DDA, because the project was placed in de minimis clarification of the the IRS thereof, has sole legal authority service BEFORE January 1, 2020. application is required for the agency to to interpret, and to determine and (Case D) Project D is located in an make a decision about the allocation of enforce compliance with the IRC and area that is a DDA in 2020, but is NOT tax credits or issuance of bonds associated regulations, including a DDA in 2021, 2022, or 2023. A requested in the application. Federal Register notices published by complete application for tax-exempt In the case of a ‘‘multiphase project,’’ HUD for purposes of designating DDAs bond financing for Project D is filed the DDA or QCT status of the site of the and QCTs. Representations made by any with the bond-issuing agency on project that applies for all phases of the other entity as to the content of HUD October 30, 2020. Bonds are issued for project is that which applied when the notices designating DDAs and QCTs that Project D on January 30, 2023, but project received its first allocation of do not precisely match the language Project D is not placed in service until LIHTC. For purposes of IRC section published by HUD should not be relied July 30, 2023. Project D is eligible for 42(h)(4), the DDA or QCT status of the upon by taxpayers in determining what the increase in basis available to site of the project that applies for all actions are necessary to comply with projects located in 2020 DDAs because: phases of the project is that which HUD notices. (1) One of the two events necessary for
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triggering the effective date for buildings DEPARTMENT OF HOUSING AND A. Overview of Information Collection described in Section 42(h)(4)(B) of the URBAN DEVELOPMENT IRC (the two events being bonds issued Title of Information Collection: and buildings placed in service) took Request for Prepayment of Section 202 [Docket No. FR–7038–N–11; OMB Control or 202/8 Project. OMB Approval place on January 30, 2023, within the No. 2502–0554] 910-day period after a complete Number: 2502–0554. application for tax-exempt bond 60-Day Notice of Proposed Information Type of Request: Reinstatement, with financing was filed, (2) the application Collection: Request for Prepayment of change, of previously approved was filed during a time when the Section 202 or 202/8 Direct Loan collection for which approval has location of Project D was in a DDA, and Project expired. (3) both the issuance of the bonds and AGENCY: Office of the Assistant Form Number: HUD–9808. placement in service of Project D Secretary for Housing—Federal Housing Description of the need for the occurred after the application was Commissioner, HUD. information and proposed use: The submitted. ACTION: Notice. Owner must execute the Section 202 Findings and Certifications Prepayment Use Agreement provided as SUMMARY: HUD is seeking approval from Attachment 1 to this Notice that will A. Environmental Impact the Office of Management and Budget ensure the continued operation of the (OMB) for the information collection project until at least 20 years following This notice involves the described below. In accordance with the the maturity date of the original loan establishment of fiscal requirements or Paperwork Reduction Act, HUD is under terms at least as advantageous to procedures that are related to rate and requesting comment from all interested existing and future tenants as the terms cost determinations and do not parties on the proposed collection of required by the original loan agreement. constitute a development decision information. The purpose of this notice The Use Agreement must be executed affecting the physical condition of is to allow for 60 days of public by the Owner and the Department and specific project areas or building sites. comment. recorded upon HUD’s approval of the Accordingly, under 40 CFR 1508.4 of DATES: prepayment transaction. the regulations of the Council on Comments Due Date: August 31, 2021. Environmental Quality and 24 CFR Respondents (i.e., affected public): 50.19(c)(6) of HUD’s regulations, this ADDRESSES: Interested persons are Business, Not for profit institutions. notice is categorically excluded from invited to submit comments regarding Estimated Number of Respondents: environmental review under the this proposal. Comments should refer to 1,566. the proposal by name and/or OMB National Environmental Policy Act of Estimated Number of Responses: Control Number and should be sent to: 1969 (42 U.S.C. 4321). 1,566. Colette Pollard, Reports Management B. Federalism Impact Officer, Department of Housing and Frequency of Response: On occasion. Urban Development, 451 7th Street SW, Average Hours per Response: 1 hours. Executive Order 13132 (entitled Room 4176, Washington, DC 20410– Total Estimated Burdens: 1,566. ‘‘Federalism’’) prohibits an agency from 5000; telephone 202–402–3400 (this is publishing any policy document that not a toll-free number) or email at B. Solicitation of Public Comment has federalism implications if the [email protected] for a copy of document either imposes substantial the proposed forms or other available This notice is soliciting comments direct compliance costs on state and information. Persons with hearing or from members of the public and affected local governments and is not required speech impairments may access this parties concerning the collection of by statute, or the document preempts number through TTY by calling the information described in Section A on state law, unless the agency meets the Federal Relay Service at (800) 877–8339 the following: consultation and funding requirements (this is a toll-free number). (1) Whether the proposed collection of section 6 of the executive order. This FOR FURTHER INFORMATION CONTACT: of information is necessary for the notice merely designates DDAs and Colette Pollard, Reports Management proper performance of the functions of QCTs as required under IRC Section 42, Officer, QDAM, Department of Housing the agency, including whether the as amended, for the use by political and Urban Development, 451 7th Street information will have practical utility; subdivisions of the states in allocating SW, Washington, DC 20410; email (2) The accuracy of the agency’s the LIHTC. As a result, this notice is not Colette Pollard at Colette.Pollard@ estimate of the burden of the proposed subject to review under the order. hud.gov or telephone 202–402–3400 collection of information; (this is not a toll-free number). Persons Kurt G. Usowski, with hearing or speech impairments (3) Ways to enhance the quality, Deputy Assistant Secretary for Economic may access this number through TTY by utility, and clarity of the information to Affairs. calling the Federal Relay Service at be collected; and [FR Doc. 2021–14235 Filed 7–1–21; 8:45 am] (800) 877–8339 (this is a toll-free (4) Ways to minimize the burden of BILLING CODE 4210–67–P number). the collection of information on those Copies of available documents who are to respond; including through submitted to OMB may be obtained the use of appropriate automated from Ms. Pollard. collection techniques or other forms of SUPPLEMENTARY INFORMATION: This information technology, e.g., permitting notice informs the public that HUD is electronic submission of responses. seeking approval from OMB for the HUD encourages interested parties to information collection described in submit comment in response to these Section A. questions.
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C. Authority 2. Authority to approve a waiver of a Where more than one regulatory Section 3507 of the Paperwork regulation may be delegated by the provision is involved in the grant of a Reduction Act of 1995, 44 U.S.C. 3507. Secretary only to an individual of particular waiver request, the action is Assistant Secretary or equivalent rank, listed under the section number of the Janet M. Golrick, and the person to whom authority to first regulatory requirement that appears Acting, Chief of Staff for the Office of waive is delegated must also have in 24 CFR and that is being waived. For Housing—Federal Housing Administration. authority to issue the particular example, a waiver of both § 58.73 and [FR Doc. 2021–14136 Filed 7–1–21; 8:45 am] regulation to be waived; § 58.74 would appear sequentially in the BILLING CODE 4210–67–P 3. Not less than quarterly, the listing under § 58.73. Secretary must notify the public of all Waiver of regulations that involve the waivers of regulations that HUD has same initial regulatory citation are in DEPARTMENT OF HOUSING AND approved, by publishing a notice in the time sequence beginning with the URBAN DEVELOPMENT Federal Register. These notices (each earliest-dated regulatory waiver. [Docket No. FR–6268–N–01] covering the period since the most Additionally, this notice includes recent previous notification) shall: waivers made pursuant to the Notice of Regulatory Waiver Requests a. Identify the project, activity, or Coronavirus Aid, Relief and Economic Granted for the First Quarter of undertaking involved; Security Act (CARES Act), not Calendar Year 2021 b. Describe the nature of the provision previously published in the Federal Register. These waivers are listed AGENCY: Office of the General Counsel, waived and the designation of the separately from other individual HUD. provision; c. Indicate the name and title of the waivers within each program office ACTION: Notice. person who granted the waiver request; grouping, as CARES Act waivers SUMMARY: Section 106 of the Department d. Describe briefly the grounds for broadly covered all affected parties of Housing and Urban Development approval of the request; and rather than individual, case-by-case Reform Act of 1989 (the HUD Reform e. State how additional information situations. The lists include additional Act) requires HUD to publish quarterly about a particular waiver may be Memoranda and Notices issued Federal Register notices of all obtained. regarding broad CARES Act waivers regulatory waivers that HUD has Section 106 of the HUD Reform Act provided by HUD since the enactment approved. Each notice covers the also contains requirements applicable to of the Act on March 27, 2020. In quarterly period since the previous waivers of HUD handbook provisions addition, the lists provide a short, two- Federal Register notice. The purpose of that are not relevant to the purpose of or three-line description of each memo this notice is to comply with the this notice. or notice, identifying the specific requirements of section 106 of the HUD This notice follows procedures CARES Act authority and purpose of the Reform Act. This notice contains a list provided in HUD’s Statement of Policy waivers addressed therein. of regulatory waivers granted by HUD on Waiver of Regulations and Directives Should HUD receive additional during the period beginning on January issued on April 22, 1991 (56 FR 16337). information about waivers granted 1, 2021 and ending on March 31, 2021. In accordance with those procedures during the period covered by this report FOR FURTHER INFORMATION CONTACT: For and with the requirements of section (the first quarter of calendar year 2021) general information about this notice, 106 of the HUD Reform Act, waivers of before the next report is published (the contact Aaron Santa Anna, Associate regulations are granted by the Assistant second quarter of calendar year 2021), General Counsel for Legislation and Secretary with jurisdiction over the HUD will include any additional Regulations, Department of Housing and regulations for which a waiver was waivers granted for the first quarter in Urban Development, 451 Seventh Street requested. In those cases in which a the next report. SW, Room 10276, Washington, DC General Deputy Assistant Secretary Accordingly, information about 20410–0500, telephone 202–708–3055 granted the waiver, the General Deputy approved waiver requests pertaining to (this is not a toll-free number). Persons Assistant Secretary was serving in the HUD regulations is provided in the with hearing- or speech-impairments absence of the Assistant Secretary in Appendix that follows this notice. may access this number through TTY by accordance with the office’s Order of Sasha Samberg-Champion, calling the toll-free Federal Relay Succession. Deputy General Counsel for Enforcement and Service at 800–877–8339. This notice covers waivers of Fair Housing. For information concerning a regulations granted by HUD from particular waiver that was granted and January 1, 2021 through March 31, 2021. Appendix for which public notice is provided in For ease of reference, the waivers Listing of Waivers of Regulatory this document, contact the person granted by HUD are listed by HUD Requirements Granted by Offices of the whose name and address follow the program office (for example, the Office Department of Housing and Urban description of the waiver granted in the of Community Planning and Development January 1, 2021 Through accompanying list of waivers that have Development, the Office of Fair Housing March 31, 2021 been granted in the first quarter of and Equal Opportunity, the Office of calendar year 2021. Housing, and the Office of Public and Note to Reader: More information about SUPPLEMENTARY INFORMATION: Section Indian Housing, etc.). Within each the granting of these waivers, including a 106 of the HUD Reform Act added a program office grouping, the waivers are copy of the waiver request and approval, may new section 7(q) to the Department of listed sequentially by the regulatory be obtained by contacting the person whose section of title 24 of the Code of Federal name is listed as the contact person directly Housing and Urban Development Act after each set of regulatory waivers granted. (42 U.S.C. 3535(q)), which provides Regulations (CFR) that is being waived. that: For example, a waiver of a provision in The regulatory waivers granted appear 1. Any waiver of a regulation must be 24 CFR part 58 would be listed before in the following order: in writing and must specify the grounds a waiver of a provision in 24 CFR part I. Regulatory Waivers Granted by the Office for approving the waiver; 570. of Community Planning and
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Development Street SW, Room 7282, Washington, DC Development, Florence Apartments, and II. Regulatory Waivers Granted by the Office 20410, telephone (202) 402–5716. Tabora Gardens Senior Apartments. of Housing • Regulation: 24 CFR 570.201(e)(1) or Nature of Requirement: The III. Regulatory Waivers Granted by the Office regulation at 24 CFR 92.252(d)(1) of Public and Indian Housing (2) and 24 CFR 570.207(b)(4). Project/Activity: Any CDBG requires participating jurisdictions to Regulatory Waivers Granted by the Entitlement grantee assisting persons establish maximum monthly allowances Office of Community Planning and and families who have registered with for utilities and services (excluding Development (CPD) FEMA in connection with the severe telephone) and update the allowances winter weather in Texas upon annually. However, participating For further information about the notification by the grantee to the jurisdictions are not permitted to use following regulatory waivers, please see Community Planning and Development the utility allowance established by the the name of the contact person that Director in its respective HUD Field local public housing authority for immediately follows the description of Office. HOME-assisted rental projects for which the waiver granted. Nature of Requirement: The HOME funds were committed on or • Regulation: 24 CFR 91.105(b)(4), regulations at 24 CFR 570.201(e) and 24 after August 23, 2013. (c)(2), and (k); 24 CFR 91.115(b)(4), CFR 570.207(b)(4) limit the amount of Granted By: John Gibbs, Principal (c)(2), and (i); and 24 CFR 91.401. CDBG funds used for public services to Deputy Assistant Secretary for Project/Activity: Any HUD no more than 15 percent of each grant Community Planning and Development. Community Planning and Development and prohibit the use of CDBG funds for Date Granted: January 6, 2021. (CPD) grantee located in the counties income payments except in the case of Reason Waived: The HOME included in the declared-disaster area emergency grant payments made for up requirements for establishing a utility (see FEMA–DR–4586) seeking to to three consecutive months to a service allowances conflict with Project-Based expedite action in response to the 2021 provider, respectively. Section 105(a)(8) Voucher program requirements. It is not Texas Severe Winter Weather, upon sets forth the limitation of no more than possible to use two different utility notification to the Community Planning 15 percent of each grant to be used for allowances to set the rent for a single and Development Director in its public services. unit and it is administratively respective HUD Field Office. Granted By: James Arthur Jemison II, burdensome to require a project owner Nature of Requirement: The Principal Deputy Assistant Secretary for establish and implement different utility regulations at 24 CFR 91.105(b)(4), (c)(2) Community Planning and Development. allowances for HOME-assisted units and and (k); 24 CFR 91.115(b)(4), (c)(2), and Date Granted: February 26, 2021. non-HOME assisted units in a project. (i); and 24 CFR 91.401 require a 30-day Reason Waived: Several CDBG Contact: Virginia Sardone, Director, public comment period in the grantees, located within the declared- Office of Affordable Housing Programs, development of a consolidated plan and disaster areas, were affected by the Office of Community Planning and prior to the implementation of a Texas severe winter weather. The Development, Department of Housing substantial amendment. waiver granted will allow these grantees and Urban Development, 451 Seventh Granted By: James Arthur Jemison II, to expedite recovery efforts for low and Street SW, Room 7160, Washington, DC Principal Deputy Assistant Secretary for moderate income residents affected by 20410, telephone (202) 708–2684. Community Planning and Development. this event; pay for additional support • Regulation: 24 CFR 92.252(d)(1) Date Granted: February 26, 2021. services for affected individuals and Utility Allowance Requirements. Reason Waived: Several Texas CPD families, including, but not limited to, Project/Activity: The City of Palmdale, grantees were affected by severe winter food, health, employment, and case California and the City of Eugene, weather that hit the state beginning management services to help persons Oregon requested a waiver of 24 CFR February 11, 2021. As a result of and families impacted by the property 92.252(d)(1) to allow use of the utility substantial property loss and loss and destruction caused by the allowance established by the local destruction, many individuals and severe winter weather; and enable public housing agency (PHA) for two families residing in the declared- grantees to pay for the basic daily needs HOME-assisted projects—Market disaster areas were displaced from their of individuals and families affected by District Commons and Courson Arts homes, including beneficiaries of the severe winter weather on an interim Colony. various CPD programs, and families basis. Nature of Requirement: The eligible to receive CPD program Contact: James E. Ho¨emann, Director, regulation at 24 CFR 92.252(d)(1) assistance. Some individuals and Entitlement Communities Division, requires participating jurisdictions to families continued to live in homes with Office of Community Planning and establish maximum monthly allowances habitability deficits, particularly related Development, Department of Housing for utilities and services (excluding to potable water. A Presidentially- and Urban Development, 451 Seventh telephone) and update the allowances declared disaster declaration was issued Street SW, Room 7282, Washington, DC annually. However, participating on February 19, 2021, (FEMA–DR–4586) 20410, telephone (202) 402–5716. jurisdictions are not permitted to use and further amended through February • Regulation: 24 CFR 92.252(d)(1) the utility allowance established by the 25, 2021; for the Texas severe winter Utility Allowance Requirements. local public housing authority for weather. The waiver granted will allow Project/Activity: The City of Oakland, HOME-assisted rental projects for which grantees to expedite recovery efforts for California, Los Angeles County, HOME funds were committed on or low- and moderate-income residents California, San Diego County, after August 23, 2013. affected by the property loss and California, and Contra Costa County, Granted By: John Gibbs, Principal destruction resulting from this event. California requested a waiver of 24 CFR Deputy Assistant Secretary for Contact: James E. Ho¨emann, Director, 92.252(d)(1) to allow use of the utility Community Planning and Development. Entitlement Communities Division, allowance established by local public Date Granted: January 6, 2021. Office of Community Planning and housing agency (PHA) for four HOME- Reason Waived: The HOME Development, Department of Housing assisted project—Redwood Hill requirements for establishing utility and Urban Development, 451 Seventh Townhomes, Ramona Seniors allowances conflict with Project-Based
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Voucher program requirements. It is not Nature of Requirement: The not be able to qualify for HOME possible to use two different utility regulation at 24 CFR 92.251 requires assistance if the requirement remains allowances to set the rent for a single that housing assisted with HOME funds effective. unit and it is administratively meet property standards based on the Granted By: James Arthur Jemison II, burdensome to require a project owner activity undertaken, and state and local Principal Deputy Assistant Secretary for establish and implement different utility standards and codes or model codes for Community Planning and Development. allowances for HOME-assisted units and rehabilitation and new construction. Date Granted: February 26, 2021. non-HOME assisted units in a project. Property standard requirements are Reason Waived: Several Texas CPD Contact: Virginia Sardone, Director, waived for repair of properties damaged grantees were affected by severe winter Office of Affordable Housing Programs, by the disaster. The lead housing safety weather that hit the state beginning Office of Community Planning and regulations established in 24 CFR part February 11, 2021. As a result of Development, Department of Housing 35 are not waived. substantial property loss and and Urban Development, 451 Seventh Granted By: James Arthur Jemison II, destruction, many individuals and Street SW, Room 7160, Washington, DC Principal Deputy Assistant Secretary for families residing in the declared- 20410, telephone (202) 708–2864. Community Planning and Development. disaster areas were displaced from their • Regulation: 24 CFR 92.252(d)(1) Date Granted: February 26, 2021. homes, including beneficiaries of Utility Allowance Requirements. Reason Waived: Several Texas CPD various CPD programs, and families Project/Activity: Oakland County, grantees were affected by severe winter eligible to receive CPD program Michigan requested a waiver of 24 CFR weather that hit the state of Texas assistance. Some individuals and 92.252(d)(1) to allow use of the utility beginning February 11, 2021. As a result families continued to live in homes with allowance established by the local of substantial property loss and habitability deficits, particularly related public housing agency (PHA) for a destruction, many individuals and to potable water. The President issued a HOME-assisted projects—Carriage Place families residing in the declared- disaster declaration under title IV of the Apartments. disaster areas were displaced from their Robert T. Stafford Disaster Relief and Nature of Requirement: The homes, including beneficiaries of Emergency Assistance Act for the Texas regulation at 24 CFR 92.252(d)(1) various CPD programs, and families severe winter weather on February 19, requires participating jurisdictions to eligible to receive CPD program 2021 (FEMA–DR–4586), and further establish maximum monthly allowances assistance. Some individuals and amended it through February 25, 2021. for utilities and services (excluding families continued to live in homes with The waiver is required to allow grantees telephone) and update the allowances habitability deficits, particularly related to expedite recovery efforts for low- and annually. However, participating to potable water. The President issued a moderate-income residents affected by jurisdictions are not permitted to use disaster declaration under title IV of the the property loss and destruction the utility allowance established by the Robert T. Stafford Disaster Relief and resulting from this event. local public housing authority for Emergency Assistance Act for the Texas Contact: Virginia Sardone, Director, HOME-assisted rental projects for which severe winter weather on February 19, Office of Affordable Housing Programs, HOME funds were committed on or 2021, (FEMA–DR–4586), and further U.S. Department of Housing and Urban after August 23, 2013. amended it through February 25, 2021. Development, 451 Seventh Street SW, Granted By: John Gibbs, Principal The waiver is required to allow grantees Room 7160, Washington, DC 20410, Deputy Assistant Secretary for to expedite recovery efforts for low- and telephone (202) 708–2684. Community Planning and Development, moderate-income residents affected by • D. Regulation: 24 CFR 93.151(c). Date Granted: January 14, 2021. the property loss and destruction Project/Activity: Families displaced Reason Waived: The HOME resulting from this event. by the disaster (as documented by requirements for establishing a utility Contact: Virginia Sardone, Director, FEMA registration) whose income allowances conflict with Project-Based Office of Affordable Housing Programs, documentation was destroyed or made Voucher program requirements. It is not U.S. Department of Housing and Urban inaccessible by the disaster. possible to use two different utility Development, 451 Seventh Street SW, Nature of Requirement: The allowances to set the rent for a single Room 7160, Washington, DC 20410, regulation at 24 CFR 93.151(c) requires unit and it is administratively telephone (202) 708–2684. initial income documentations for HTF burdensome to require a project owner • Regulation: 24 CFR 92.203(a)(1) and beneficiaries by examining source establish and implement different utility (2). documentation for at least two months. allowances for HOME-assisted units and Project/Activity: Participating Many families whose homes were non-HOME assisted units in a project. jurisdictions located in the counties destroyed or damaged by the disaster Contact: Virginia Sardone, Director, included in the declared-disaster areas will not have any documentation of Office of Affordable Housing Programs, in FEMA–DR–4586 that are assisting income and will not be able to qualify U.S. Department of Housing and Urban families displaced by the disaster (as for HTF assistance if the requirement Development, 451 Seventh Street SW, documented by FEMA registration) remains effective. Room 7160, Washington, DC 20410, whose income documentation was Granted By: James Arthur Jemison II, telephone (202) 708–2684. destroyed or made inaccessible by the Principal Deputy Assistant Secretary for • Regulation: 24 CFR 92.251. disaster. Community Planning and Development. Project/Activity: Any housing units Nature of Requirement: The Date Granted: February 26, 2021. located in the areas under the major regulation at 24 CFR 92.203(a)(1) and (2) Reason Waived: Several Texas CPD disaster declaration of FEMA–DR–4586 require initial income determinations grantees were affected by severe winter (the ‘‘declared-disaster areas’’), for HOME beneficiaries by examining weather that hit the state beginning including the state participating source documents covering the most February 11, 2021. As a result of jurisdiction, which were damaged by recent two months. Many families substantial property loss and the disaster and to which HOME funds whose housing was destroyed or destruction, many individuals and are committed within two years from damaged by the disaster will not have families residing in the declared- the date of approval of the waiver. any documentation of income and will disaster areas were displaced from their
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homes, including beneficiaries of • Regulation: 24 CFR 574.310(b)(2). repair; new construction of single room various CPD programs, and families Project/Activity: This waiver of the occupancy dwellings and community eligible to receive CPD program Property Standards in 24 CFR part 574 residences; project or tenant-based assistance. Some individuals and was provided with respect to the use of rental assistance; or operating costs families continued to live in homes with Housing Opportunities for Persons With must meet the applicable housing habitability deficits, particularly related AIDS (HOPWA) funds to address the quality standards outlined in the to potable water. The President issued a housing needs of eligible families regulations. disaster declaration under title IV of the following the severe winter weather in Granted By: James A. Jemison, Robert T. Stafford Disaster Relief and Texas, for which a disaster declaration Principal Deputy Assistant Secretary for Emergency Assistance Act for the Texas was made in February 2021. Community Planning and Development. severe winter weather on February 19, Nature of Requirement: Section Date Granted: March 31, 2021. 2021 (FEMA–DR–4586), and further 574.310(b)(2) of the HOPWA regulations Reason Waived: On March 31, 2020 amended it through February 25, 2021. provides minimum housing quality HUD waived the physical inspection The waiver is required to allow grantees standards that apply to housing for requirement for tenant-based rental to expedite recovery efforts for low- and which HOPWA funds are used for assistance at 24 CFR 574.310(b) for one moderate-income residents affected by acquisition, rehabilitation, conversion, year. On May 22, 2020 HUD waived the the property loss and destruction lease, or repair; new construction of physical inspection requirement for resulting from this event. single room occupancy dwellings and acquisition, rehabilitation, conversion, Contact: Virginia Sardone, Director, community residences; project or lease, or repair; new construction of Office of Affordable Housing Programs, tenant-based rental assistance; or single room occupancy dwellings and U.S. Department of Housing and Urban operating costs under 24 CFR 574.300(b) community residences; projector tenant- Development, 451 Seventh Street SW, (3), (4), (5), or (8). based rental assistance; or operating Room 7160, Washington, DC 20410, Granted By: James A. Jemison, costs for one year. Grantees and project telephone (202) 708–2684. Principal Deputy Assistant Secretary for sponsors continue to report difficulty in • Regulation: 24 CFR 92.252(d)(1) Community Planning and Development. conducting the initial inspection of Utility Allowance Requirements. Date Granted: February 26, 2021. units due to social distancing Project/Activity: Santa Clara County Reason Waived: HUD determined that guidelines. Extending these waivers and Contra Costa County requested a this waiver was necessary to enable until June 30, 2021 will allow grantees waiver of 24 CFR 92.252(d)(1) to allow grantees and project sponsors to and project sponsors to quickly move use of the utility allowance established expeditiously meet the critical housing households into housing, which enables by the local public housing agency needs of the many eligible families in social distancing, and helps prevent the (PHA) for three HOME-assisted projects- the area covered by the major disaster spread of COVID–19. Additionally, Met South Apartments, The Veranda, declared under title IV of the Robert T. grantees and project sponsors will need and Veterans Square. Stafford Disaster Relief and Emergency time when social distancing guidelines Nature of Requirement: The Assistance Act (Stafford Act), DR–4586– are no longer in effect to prepare staff regulation at 24 CFR 92.252(d)(1) TX, dated February 19, 2021, as to physically re-inspect units for HQS. requires participating jurisdictions to amended. Applicability: This waiver is in effect establish maximum monthly allowances Applicability: The property standard until June 30, 2021 for grantees and for utilities and services (excluding requirements in 24 CFR 574.310(b)(2) project sponsors that can meet the telephone) and update the allowances are waived for units in the declared- following criteria: annually. However, participating disaster areas that are or will be a. The grantee or project sponsor is jurisdictions are not permitted to use occupied by HOPWA-eligible able to visually inspect the unit using the utility allowance established by the households, provided that the units are technology, such as video streaming, to local public housing authority for free of life-threatening conditions as ensure the unit meets HQS before any HOME-assisted rental projects for which defined in Notice PIH 2017–20 (HA). assistance is provided; and HOME funds were committed on or Grantees must ensure that these units b. The grantee or project sponsor has after August 23, 2013. written policies to physically reinspect Granted By: James Arthur Jemison II, meet HOPWA HQS within 60 days of the unit within 3 months after the Principal Deputy Assistant Secretary for the date of this memorandum. health officials determine special Community Planning and Development, Contact: Amy Palilonis, Office of HIV/ measures to prevent the spread of D. AIDS Housing, Office of Community Date Granted: March 8, 2021. Planning and Development, Department COVID–19 are no longer necessary. Reason Waived: The HOME of Housing and Urban Development, Contact: Amy Palilonis, Office of HIV/ requirements for establishing a utility 451 Seventh Street SW, Room 7248, AIDS Housing, Office of Community allowances conflict with Project Based- Washington, DC 20410, telephone (202) Planning and Development, Department Voucher program requirements. It is not 402–5916. [email protected]. of Housing and Urban Development, possible to use two different utility • Regulation: 24 CFR 574.310(b). 451 Seventh Street SW, Room 7248, allowances to set the rent for a single Project/Activity: This waiver of the Washington, DC 20410, telephone (202) unit and it is administratively HOPWA Property Standards was 402–5916. [email protected]. burdensome to require a project owner provided with respect to the use • Regulation: 24 CFR 574.320(a)(2). establish and implement different utility HOPWA funds to address the housing Project/Activity: This waiver of the allowances for HOME-assisted units and needs of eligible families under the FMR Rent Standard for HOPWA Rental non-HOME assisted units in a project. unique circumstances of the COVID–19 Assistance was provided with respect to Contact: Virginia Sardone, Director, pandemic and the resulting economic the use HOPWA funds to address the Office of Affordable Housing Programs, upheaval in affected communities. housing needs of eligible families under U.S. Department of Housing and Urban Nature of Requirement: This section the unique circumstances of the Development, 451 Seventh Street SW, of the HOPWA regulations provides that COVID–19 pandemic and the resulting Room 7160, Washington, DC 20410, all housing assisted with acquisition, economic upheaval in affected telephone (202) 708–2684. rehabilitation, conversion, lease, or communities.
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Nature of Requirement: Grantees must Granted By: James A. Jemison, Project/Activity: An individual may establish rent standards for their rental Principal Deputy Assistant Secretary for qualify as homeless under paragraph assistance programs based on FMR (Fair Community Planning and Development. (1)(iii) the homeless definition in 24 Market Rent) or the HUD-approved Date Granted: March 31, 2021. CFR 576.2 so long as he or she is exiting community-wide exception rent for unit Reason Waived: HUD originally an institution where they resided for size. Generally, the rental assistance waived this requirement on May 22, 120 days or less and resided in an payment may not exceed the difference 2020 to prevent homelessness or emergency shelter or place not meant between the rent standard and 30 discharge to unstable housing situations for human habitation immediately percent of the family’s adjusted income. for households residing in short-term before entering that institution. This Granted By: James A. Jemison, housing facilities or units assisted with waiver is in effect until June 30, 2021. Principal Deputy Assistant Secretary for STRMU if permanent housing could not Nature of Requirement: An individual Community Planning and Development. be achieved within the time limits who is exiting an institution where he Date Granted: March 31, 2021. specified in the regulation. Extending or she resided for 90 days or less and Reason Waived: HUD originally this waiver is necessary because who resided in an emergency shelter or waived the FMR rent standard grantees and project sponsors continue place not meant for human habitation requirement for tenant-based rental to report that households require longer immediately before entering that assistance for one year on March 31, periods of assistance due to financial institution are considered homeless per 2020. On May 22, 2020 HUD waived and health-related hardships stemming 24 CFR 576.2, definition of ‘‘homeless.’’ this requirement for one year for all from the COVID–19 pandemic. Granted By: James A. Jemison, rental assistance types. Grantees and Applicability: This waiver is made Principal Deputy Assistant Secretary for project sponsors continue to report available for all HOPWA grants except Community Planning and Development. COVID–19 related health and financial those funded under the CARES Act or Date Granted: March 31, 2021. Reason Waived: HUD originally hardships for HOPWA-eligible for the portion of a grantee’s FY 2020 waived this requirement on September households. Extending this waiver of formula funds that have been approved under its Annual Action Plan (AAP) for 30, 2020 to keep housing options open the FMR rent standard limit, while still allowable activities to prevent, prepare for individuals who otherwise would requiring that the unit be rent for, and respond to the COVID–19 have been homeless but were reporting reasonable in accordance with pandemic as described in section V. of longer stays in institutions as a result of § 574.320(a)(3), will assist grantees and Notice CPD–20–05. On an individual COVID–19 (e.g., longer time in jail due project sponsors in expediting efforts to household basis, grantees or project to a postponed court dates due to courts identify suitable housing units for rent sponsors may assist eligible households closings or courts operating at reduced to eligible households experiencing the for a period that exceeds the time limits capacity and longer hospital stays when ongoing health and financial impacts of specified in the regulations. A short- infected with COVID–19. Allowing the COVID–19 pandemic and economic term supported housing facility may someone who was residing in an crisis. provide residence to any individual for emergency shelter or place not meant Applicability: The FMR requirement a period of up to 120 days in a six- for human habitation prior to entering continues to be waived until June 30, month period. STRMU payments to the institution to maintain their 2021. Grantees and project sponsors prevent the homelessness of the tenant homeless status while residing in an must still ensure the reasonableness of or mortgagor of a dwelling may be institution for longer than 90 days is rent charged for a unit in accordance provided for costs accruing up to 52 necessary to prevent the spread of and with § 574.320(a)(3). weeks in a 52-week period. This waiver respond to COVID–19 by expanding Contact: Amy Palilonis, Office of HIV/ is in effect until June 30, 2021 for housing options for people who were AIDS Housing, Office of Community grantees and project sponsors that can experiencing homelessness and Planning and Development, Department meet the following criteria: institutionalized for longer than of Housing and Urban Development, a. The grantee or project sponsor traditionally required due to COVID–19. 451 Seventh Street SW, Room 7248, documents that a good faith effort has Recipients continue to report potential Washington, DC 20410, telephone (202) been made on an individual household program participants are staying in 402–5916. [email protected]. basis to assist the household to achieve institutions for longer periods of time • Regulation: 24 CFR 574.330(a)(1). permanent housing within the time due to COVID–19; therefore, HUD is Project/Activity: This waiver of the limits specified in the regulations but extending this waiver to allow someone time limits for HOPWA Short-Term that financial needs and/or health and who was residing in an emergency Supported Housing was provided with safety concerns have prevented the shelter or place not meant for human respect to the use HOPWA funds to household from doing so; and habitation prior to entering the address the housing needs of eligible b. The grantee or project sponsor has institution to maintain their homeless families under the unique written policies and procedures status while residing in an institution circumstances of the COVID–19 outlining efforts to regularly reassess the for longer than 90 days. pandemic and the resulting economic needs of assisted households as well as Contact: Norm Suchar, Director, upheaval in affected communities. processes for granting extensions based Office of Special Needs Assistance Nature of Requirement: A short-term on documented financial needs and/or Programs, Office of Community supported housing facility may not health and safety concerns. Planning and Development, Department provide residence to any individual for Contact: Amy Palilonis, Office of HIV/ of Housing and Urban Development, more than 60 days during any six-month AIDS Housing, Office of Community 451 Seventh Street SW, Room 7262, period. Short-Term Rent, Mortgage, and Planning and Development, Department Washington, DC 20410, telephone Utility (STRMU) payments to prevent of Housing and Urban Development, number (202) 708–4300. the homelessness of the tenant or 451 Seventh Street SW, Room 7248, • Regulation: 24 CFR 576.106(e). mortgagor of a dwelling may not be Washington, DC 20410, telephone (202) Project/Activity: HUD granted a provided for costs accruing over a 402–5916. [email protected]. waiver of 24 CFR 576.106(e) to the City period of more than 21 weeks in any 52- • Regulation: 24 CFR 576.2, of Tulsa, to allow its subrecipient, the week period. definition of ‘‘homeless,’’ (l)(iii). Mental Health Association Oklahoma
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(MHAOK) to provide rapid re-housing management division (Eastoak Property unobtainable when conducting the rental assistance and housing relocation Management). initial or subsequent rent or occupancy and stabilization services to program Contact: Norm Suchar, Director, charge calculations is in effect until participants who have chosen units that Office of Special Needs Assistance June 30, 2021. During this time, 24 CFR MHAOK owns, which would require Programs, Office of Community 578.103(a)(7)(iv) is waived to the extent that MHAOK will have to enter into a Planning and Development, Department necessary to allow recipients or rental assistance agreement with its of Housing and Urban Development, subrecipients to document annual property management division. MHAOK 451 Seventh Street SW, Room 7262, income with the written certification by is required to comply with the Conflict Washington, DC 20410, telephone the program participant of the amount of Interest requirements as stated in 24 number (202) 708–4300. of income that the program participant CFR 576.404. • Regulation: 24 CFR 576.203(a)(1). is reasonably expected to receive over Nature of Requirement: Section Project/Activity: HUD granted a the 3-month period following the 576.106(e) of the Emergency Solutions waiver of 24 CFR 576.203(a)(1) to evaluation, even if source documents Grants (ESG) Program Interim rule Oregon Housing and Community and third-party verification, are requires recipients to have a rental Services (OHCS), to extend its obtainable. assistance agreement with the owner of obligation date to March 31, 2021 to Nature of Requirement: 24 CFR any property for which they will provide time to evaluate new 578.103(a)(7) requires the recipient or provide rental assistance payments. The applications, award funds, and account subrecipient to keep records of the rental assistance agreement must for unforeseen delays due to the program participant’s income and the include the terms under which rental implementation of a new funding back-up documentation they relied on assistance will be provided. It also approach to meet the unprecedented to determine income. The regulation requires the owner to give the recipient need during the COVID–19 pandemic establishes an order of preference for the or subrecipient a copy of any notice to and identify new subrecipients with the type of documentation that recipients the program participant to vacate the capacity to administer ESG–CV funds. can rely upon. Only if source housing unit or any complaint used Nature of Requirement: Section 24 documents and third-party verification under State or local law to commence CFR 576.203(a)(1) requires states to are unobtainable is a written an eviction action against the program obligate funds within 60 days from the certification from the program participant. Also, each rental assistance date that it signs the grant agreement participant acceptable documentation of agreement that is executed or renewed with HUD. HUD further waived this income. HUD is waiving ‘‘To the extent on or after December 16, 2016 must requirement in CPD–20–08 Notice: that source documents and third-party include all protections that apply to Waivers and Alternative Requirements verification are unobtainable’’ in tenants and applicants under 24 CFR for the Emergency Solutions Grants 578.103(a)(7)(iv). part 5, subpart L, as supplemented by (ESG) Program Under the CARES Act Granted By: James A. Jemison, § 576.409, except for the emergency (ESG–CV Notice) so long as states Principal Deputy Assistant Secretary for transfer plan requirements under 24 obligated funds within 180 days for Community Planning and Development. CFR 5.2005(e) and 576.409(d). If the activities it will carry out itself and 240 Date Granted: March 31, 2021. housing is not assisted under another days for activities it will obligate to Reason Waived: On September 30, ‘‘covered housing program’’, as defined subrecipients. in 24 CFR 5.2003, the agreement may Granted By: John Gibbs, Principal 2020, HUD waived the requirement to provide that the owner’s obligations Deputy Assistant Secretary for attempt to document that third-party under 24 CFR part 5, subpart L Community Planning and Development. verification of income was unobtainable (Protection for Victims of Domestic Date Granted: January 7, 2021. in order for recipients and subrecipients Violence, Dating Violence, Sexual Reason Waived: HUD granted the to a program participant’s own self- Assault, or Stalking), expire at the end waiver to extend OHCS’s obligation certification of income until December of the rental assistance period. deadline from February 18, 2021 to 31, 2020 because that documentation Granted By: John Gibbs, Principal March 31, 2021 to provide additional may be difficult to obtain as a result of Deputy Assistant Secretary for time to implement a new competitive COVID–19 pandemic and housing Community Planning and Development. process for allocating funds and program participants quickly was Date Granted: January 6, 2021. identifying new subrecipients with the important to prevent the spread of Reason Waived: HUD granted the capacity to administer ESG CARES Act COVID–19. On December 30, 2020, HUD waiver to increase housing options for funds. The waiver provides OHCS with extended this waiver to March 31, 2021. ESG program participants in Tulsa, OK time needed to complete their funding It continues to be important to move being assisted by the city’s subrecipient, process. people into their own housing quickly MHAOK. Homelessness in the City of Contact: Norm Suchar, Director, to enable social distancing and prevent Tulsa increased 27% from 2015 to 2020. Office of Special Needs Assistance the spread of COVID–19; therefore, MHAOK has been awarded rapid Programs, Office of Community waiving the requirement that source rehousing funding to provide rapid Planning and Development, Department documents and third-party rehousing rental assistance and housing of Housing and Urban Development, documentation be unobtainable in order relocation and stabilization services for 451 Seventh Street SW, Room 7262, for recipients or subrecipients to rely on up to 140 households. MHAOK owns 40 Washington, DC 20410, telephone a program participant’s own properties in the community, which are number (202) 708–4300. certification of their income. included in the available pool of units • Regulation: 24 CFR Contact: Norm Suchar, Director, from which an eligible program 578.103(a)(7)(iv). Office of Special Needs Assistance participant may choose to live. If a Project/Activity: The waiver of the Programs, Office of Community program participant selects one of their requirement at 24 CFR 578.103(a)(7)(iv) Planning and Development, Department own housing units, MHAOK requires a that the recipient or subrecipient may of Housing and Urban Development, waiver of the rental assistance only rely on program participant self- 451 Seventh Street SW, Room 7262, agreement requirements in order to certification of income if the other Washington, DC 20410, telephone enter an agreement with its property permitted types of documentation are number (202) 708–4300.
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• Regulation: The definition of communities. Additionally, CoCs are Contact: Norm Suchar, Director, ‘‘Point-in-time count’’ in 24 CFR 578.3, reporting challenges in finding Office of Special Needs Assistance and 24 CFR 578.7(c)(2), 24 CFR volunteers to survey individuals Programs, Office of Community 578.7(c)(2)(i). experiencing unsheltered homelessness Planning and Development, Department Project/Activity: HUD is waiving the on the night of the count due to fears of of Housing and Urban Development, definition of ‘‘Point-in-time count’’ in COVID–19. Further, CoCs are reporting 451 Seventh Street SW, Room 7262, 24 CFR 578.3 and the requirements at 24 challenges obtaining personal protective Washington, DC 20410, telephone CFR 578.7(c)(2)(i) and 24 CFR equipment (PPE) necessary to equip number (202) 708–4300. 578.7(c)(2) to the extent necessary to volunteers and people experiencing • Regulation: 24 CFR 578.3, remove the requirement that Continuum unsheltered homelessness to have the definition of ‘‘homeless’’ (1)(iii). of Care Program (CoC) conduct a conversations necessary to collect the Project/Activity: An individual may biennial point-in-time count in FY2021 required data. These challenges are qualify as homeless under paragraph of people experiencing unsheltered present in every part of the country. As (1)(iii) of the homeless definition in 24 homelessness, even if the CoC did not of December, every single state had at CFR 578.3 so long as he or she is exiting conduct a point-in-time count of people least 9 new COVID cases per day per an institution where they resided or 120 experiencing unsheltered homelessness 100,000 population. For these reasons, days or less and resided in an in FY2020. Waiving the requirements at providing waiver flexibility for the emergency shelter or place not meant 24 CFR 578.3, 24 CFR 578.7(c)(2)(i) and FY2021 point-in-time count for for human habitation immediately 24 CFR 578.7(c)(2) that require CoCs unsheltered homelessness helps prevent before entering that institution. This conduct a FY2021 biennial point-in- the spread of COVID–19. waiver is in effect until June 30, 2021. time count of unsheltered homeless is Contact: Norm Suchar, Director, Nature of Requirement: The definition available for CoCs that complete the Office of Special Needs Assistance of homeless in 24 CFR 578.3 includes notification process by the January 20, Programs, Office of Community under paragraph (1)(iii) an individual 2021 deadline. CoCs that use the Planning and Development, Department who is exiting an institution where he waivers of 24 CFR 578.3, 24 CFR of Housing and Urban Development, or she resided for 90 days or less and 578.7(c)(2) and 24 CFR 578.7(c)(2)(i) 451 Seventh Street SW, Room 7262, has resided in an emergency shelter or must still conduct their FY2021 biennial Washington, DC 20410, telephone place not meant for human habitation point-in-time count of sheltered number (202) 708–4300. immediately before entering that homeless persons if one is required in • Regulation: 24 CFR 578.3, institution, which is an interpretation of FY2021 consistent with the definition of permanent housing, 24 requirements in Notice CPD–18–08. § 103(a)(4) of the McKinney-Vento Act CFR 578.51(1)(1). which includes an individual who CoCs that do not use the waivers of 24 Project/Activity: The one-year lease resided in a shelter or place not meant CFR 578.3, 24 CFR 578.7(c)(2)(i) and 24 requirement is waived for leases for human habitation and who is exiting CFR 578(c)(2) must still conduct their executed between the date of March 31, an institution where he or she FY2021 biennial point-in-time count of 2021 and June 30, 2021, so long as the homeless persons for both sheltered and initial term of all leases is at least one temporarily resided. unsheltered homeless persons if one is month. Granted By: James A. Jemison, required in FY2021. Nature of Requirement: Program Principal Deputy Assistant Secretary for Nature of Requirement: The definition participants residing in PSH must be the Community Planning and Development. of ‘‘Point-in-time count’’ in 24 CFR tenant on a lease for a term of at least Date Granted: March 31, 2021. 578.3, and 24 CFR 578.7(c)(2) and 24 one year that is renewable and Reason Waived: HUD originally CFR 578.7(c)(2)(i) require CoCs to plan terminable for cause. waived this requirement on September for and conduct, at least biennially, a Granted By: James A. Jemison, 30, 2020, until March 31, 2021 to keep point-in-time count of homeless persons Principal Deputy Assistant Secretary for housing options open for individuals within the geographic area and count as Community Planning and Development. who otherwise would have been unsheltered homeless persons Date Granted: March 31, 2021. homeless but were reporting longer individuals who are living in a place not Reason Waived: HUD originally stays in institutions as a result of designated or ordinarily used as a waived this requirement for 6-months COVID–19 (e.g., longer time in jail due regular sleeping accommodation for on March 31, 2020. On September 30, to a postponed court dates due to courts humans. 24 CFR 578.7(c)(2)(iii) also 2020, HUD waived this requirement closings or courts operating at reduced requires CoCs to comply with other again until December 31, 2020. HUD capacity and longer hospital stays when requirements established by HUD by extended this waiver again on December infected with COVID–19. Allowing Notice for the point-in-time count. 30, 2020 until March 31, 2021 to help someone who was residing in an Granted By: John Gibbs, Acting recipients more quickly identify emergency shelter or place not meant Assistant Secretary for Community permanent housing for individuals and for human habitation prior to entering Planning and Development. families experiencing homelessness, the institution to maintain their Date Granted: January 7, 2021. which is helpful in preventing the homeless status while residing in an Reason Waived: Conducting a point- spread of COVID–19. Extending this institution for longer than 90 days is in-time count of people experiencing waiver is necessary because recipients necessary to prevent the spread of and unsheltered homelessness requires continue to need to help program respond to COVID–19 by expanding countless hours of planning and participants identify housing quickly to housing options for people who were volunteers. Additionally, on the night of help prevent the spread of COVID–19. experiencing homelessness and the count, it requires people to approach Additionally, even after special institutionalized for longer than people experiencing unsheltered measures are no longer necessary to traditionally required due to COVID–19. homelessness to collect data. Because of prevent the spread of COVID–19, Recipients continue to report potential COVID–19, CoCs have been short staffed helping program participants move into program participants are staying in and busy preparing for and housing quickly will continue to institutions for longer periods of time implementing measures to prevent the decrease the risk of people experiencing due to COVID–19; therefore, HUD is spread of COVID–19 in their homelessness of contracting COVID–19. extending this waiver to allow someone
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who was residing in an emergency Programs, Office of Community leasing dollars may not exceed Fair shelter or place not meant for human Planning and Development, Department Market Rent. habitation prior to entering the of Housing and Urban Development, Granted By: James A. Jemison, institution to maintain their homeless 451 Seventh Street SW, Room 7262, Principal Deputy Assistant Secretary for status while residing in an institution Washington, DC 20410, telephone Community Planning and Development. for longer than 90 days. number (202) 708–4300. Date Granted: March 31, 2021. Contact: Norm Suchar, Director, • Regulation: 24 CFR Reason Waived: HUD originally Office of Special Needs Assistance 578.37(a)(1)(ii)(F). waived this requirement for 6-months Programs, Office of Community Project/Activity: The requirement in on March 31, 2020. On September 30, Planning and Development, Department 24 CFR 578.37(a)(1)(ii)(F) that projects 2020 HUD again waived this of Housing and Urban Development, require program participants to meet requirement until December 31, 2020. 451 Seventh Street SW, Room 7262, with case managers not less than once Extending this waiver of the limit on Washington, DC 20410, telephone per month is waived for all permanent using grant leasing funds to pay above number (202) 708–4300. housing-rapid re-housing projects until FMR for individual units, but not • Regulation: 24 CFR 578.33(c). June 30, 2021. greater than reasonable rent, will assist Project/Activity: The requirement that Nature of Requirement: Recipients recipients in locating additional units to the renewal grant amount be based on must require program participants of house individuals and families the budget line items in the final year permanent housing-rapid re-housing experiencing homelessness and reduce of the grant being renewed is further projects to meet with a case manager at the spread and harm of COVID–19. waived for all projects that amend their least monthly. Contact: Norm Suchar, Director, grant agreement between March 31, Granted By: James A. Jemison, Office of Special Needs Assistance 2021 and June 30, 2021 to move funds Principal Deputy Assistant Secretary for Programs, Office of Community between budget line items in a project Community Planning and Development. Planning and Development, Department in response to the COVID–19 pandemic. Date Granted: March 31, 2021. of Housing and Urban Development, Recipients may then apply in the next Reason Waived: HUD originally 451 Seventh Street SW, Room 7262, FY CoC Program funding cycle based on waived this requirement for 2-months Washington, DC 20410, telephone the budget line items in the grants on March 31, 2020. On May 22, 2020 number (202) 708–4300. before they were amended. HUD again waived this requirement for • Regulation: 24 CFR Nature of Requirement: 24 CFR an additional 3 months and on 578.53(e)(8)(ii)(B) and 578.53(d). 578.33(c) requires that budget line item September 30, 2020 HUD once again amounts a recipient is awarded for Project/Activity: The limitation on waived this requirement until December renewal in the CoC Program eligible housing search and counseling 31, 2020. Recipients are continuing to Competition will be based on the activities is waived so that CoC Program report limited staff capacity as staff amounts in the final year of the prior funds may be used for up to 6 months members are home for a variety of funding period of the project. of a program participant’s utility arrears Granted By: James A. Jemison, reasons related to COVID–19 (e.g., and up to 6 months of a program Principal Deputy Assistant Secretary for quarantining, children home from participant’s rent arrears, when those Community Planning and Development. school, working elsewhere in the arrears make it difficult to obtain Date Granted: March 31, 2021. community to manage the COVID–19 housing. This waiver is in effect until Reason Waived: HUD originally response). In addition, not all program June 30, 2021. waived this requirement for grant participants have capacity to meet via Nature of Requirement: 24 CFR agreement amendments signed between phone or internet. Waiving the monthly 578.53(e)(8) allows recipients and March 31, 2020 and October 1, 2020 to case management requirement will subrecipients to use CoC funds to pay allow recipients to move funds between allow recipients to provide case for housing search and counseling budget line items in a project in management on an as needed basis and services to help eligible program response to the COVID–19 pandemic reduce the possible spread and harm of participants locate, obtain, and retain and still apply for renewal in the next COVID–19. suitable housing. For program FY CoC Program funding cycle based on Contact: Norm Suchar, Director, participants whose debt problems make the budget line items in the grants Office of Special Needs Assistance it difficult to obtain housing, 24 CFR before they were amended. HUD again Programs, Office of Community 578.53(e)(8)(ii)(B) makes eligible the waived this requirement for all grant Planning and Development, Department costs of credit counseling, accessing a agreements signed from October 1, 2020 of Housing and Urban Development, free personal credit report, and until December 31, 2020. HUD again 451 Seventh Street SW, Room 7262, resolving personal credit issues. waived this requirement for all grants Washington, DC 20410, telephone However, payment of rental or utility signed between December 30, 2020 and number (202) 708–4300. arrears is not included as an eligible March 31, 2021. Recipients continue to • Regulation: 24 CFR 578.49(b)(2). cost. 24 CFR 578.53(d) limits eligible report needing to shift budget line items Project/Activity: The Fair Market Rent supportive service costs to those to respond to the COVID–19 pandemic restriction continues to be waived for explicitly listed in 24 CFR 578.53(e), (e.g., providing different supportive any lease executed by a recipient or which is a more limited list than is service necessitated by the pandemic or subrecipient to provide transitional or eligible under the McKinney-Vento Act. serving fewer people because the layout permanent supportive housing until Granted By: James A. Jemison, of the housing does not meet local social June 30, 2021. The affected recipient or Principal Deputy Assistant Secretary for distancing recommendations) without subrecipient must still ensure that rent Community Planning and Development. changing the original design of the paid for individual units that are leased Date Granted: March 31, 2021. project when it is not operating in a with leasing dollars meet the rent Reason Waived: HUD originally public health crisis and can resume reasonableness standard in 24 CFR waived this requirement for 1-year on normal operations. 578.49(b)(2). March 31, 2020 to allow recipients and Contact: Norm Suchar, Director, Nature of Requirement: Rent subrecipients to pay up to 6 months of Office of Special Needs Assistance payments for individual units with rental arrears and 6 months of utility
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arrears to remove barriers to obtaining 18–08: 2019 HIC and PIT Data effect until June 30, 2021 for recipients housing quickly and help reduce the Collection for CoC and ESG Programs and subrecipients that are able to obtain spread and harm of COVID–19. associated with the point-in-time count certification from the owner that they Extending this waiver is necessary to for unsheltered homeless persons. have no reasonable basis to have remove barriers that would prevent Nature of Requirement: 24 CFR knowledge that life-threatening program participants from finding 578.7(c)(2)(iii) requires CoCs to comply conditions exist in the unit or units in housing quickly, particularly as more with additional requirements question; and the recipient or people find themselves with rental established by HUD by Notice for the subrecipient has written policies to arrears due to COVID–19. point-in-time count. HUD has physically inspect the unit within 3 Contact: Norm Suchar, Director, established additional point-in-time months after the health officials Office of Special Needs Assistance count requirements through Notice determine special measures to prevent Programs, Office of Community CPD–18–08: 2019 HIC and PIT Data the spread of COVID–19 are no longer Planning and Development, Department Collection for CoC and ESG Programs. necessary. of Housing and Urban Development, Sections 4.4 and 4.5 of Notice CPD–18– Nature of Requirement: 24 CFR 451 Seventh Street SW, Room 7262, 08 include data requirements for the 278.75(b)(1) requires that recipients or Washington, DC 20410, telephone point-in-time count of both sheltered subrecipients physically inspect each number (202) 708–4300. and unsheltered homeless persons. unit to assure that it meets HQS before • Regulation: 24 CFR 578.7(c)(2)(iii), Granted By: John Gibbs, Acting any assistance will be provided for that and Sections 4.4 and 4.5 of the Notice Assistant Secretary for Community unit on behalf of a program participant. CPD–18–08: 2019 HIC and PIT Data Planning and Development. Granted By: James A. Jemison, Collection for CoC and Emergency Date Granted: January 7, 2021. Principal Deputy Assistant Secretary for Solutions Grants Program. Reason Waived: Conducting a point- Community Planning and Development. Project/Activity: HUD is waiving 24 in-time count of people experiencing Date Granted: March 31, 2021. CFR 578.7(c)(2)(iii) to the extent unsheltered homelessness requires Reason Waived: On March 31, 2020, necessary to remove some of the data countless hours of planning and HUD waived the physical inspection collection requirements in Notice CPD– volunteers. Additionally, on the night of requirement at 24 CFR 578.75(b)(1) for 18–08 as they relate to unsheltered the count, it requires people to approach 6-months so long as recipients or homeless persons for CoCs that do not people experiencing unsheltered subrecipients were able to visually take advantage of the waivers of 24 CFR homelessness to collect data. Because of inspect the unit using technology to 578.3, 24 CFR 578.7(c)(2) and 24 CFR COVID–19, CoCs have been short staffed ensure the unit met HQS before any 578.7(c)(2)(i) included in the January 7, and busy preparing for and assistance was provided and recipients 2021 waiver memorandum (and must implementing measures to prevent the or subrecipients had written policies in therefore conduct a FY2021 unsheltered spread of COVID–19 in their place to physically reinspect the unit homeless persons point-in-time count) communities. Additionally, CoCs are within 3 months after the health but follow the notification process reporting challenges in finding officials determined special measures to prescribed in the January 7, 2021 waiver volunteers to survey individuals prevent the spread of COVID–19 are no memorandum to use this waiver. experiencing unsheltered homelessness longer necessary. However, this In Section 4.4 of Notice CPD–18–08, on the night of the count due to fears of standard still relies on program and for unsheltered persons only, HUD COVID–19. Further, CoCs are reporting participants or landlords having the is now only requiring CoCs to collect challenges obtaining personal protective technology to carry out this virtual data on the total number of people equipment (PPE) necessary to equip inspection. Additionally, recipients and sleeping in unsheltered situations on volunteers and people experiencing subrecipients are still reporting the night of each CoC’s point-in-time unsheltered homelessness to have the difficulty in conducting the initial count, with no household, demographic, conversations necessary to collect the inspection of units due to social or subpopulation data. The required data. These challenges are distancing guidelines. requirements of Section 4.4 of Notice present in every part of the country. As Contact: Norm Suchar, Director, CPD–18–08 remain unchanged for of December, every single state had at Office of Special Needs Assistance sheltered homeless persons. least 9 new COVID cases per day per Programs, Office of Community In Section 4.5 of Notice CPD–18–08, 100,000 population. For these reasons, Planning and Development, Department HUD is now eliminating the providing waiver flexibility for the of Housing and Urban Development, requirement that CoCs report on FY2021 point-in-time count for 451 Seventh Street SW, Room 7262, additional homeless population data for unsheltered homelessness helps prevent Washington, DC 20410, telephone unsheltered persons. The requirements the spread of COVID–19. number (202) 708–4300. of Section 4.5 remain unchanged for Contact: Norm Suchar, Director, • Regulation: 24 CFR 578.75(b)(2). sheltered homeless persons. This waiver Office of Special Needs Assistance Project/Activity: 24 CFR 578.75(b)(2) of the requirements at 24 CFR Programs, Office of Community requires that recipients or subrecipients 578.7(c)(2)(iii) that requires CoCs to Planning and Development, Department are required to inspect all units comply with additional requirements of Housing and Urban Development, supported by leasing or rental assistance established by HUD in Sections 4.4 and 451 Seventh Street SW, Room 7262, funding under the CoC and YHDP 4.5 of Notice CPD–18–08 for the FY2021 Washington, DC 20410, telephone Programs at least annually during the biennial point-in-time count of number (202) 708–4300. grant period to ensure the units unsheltered homeless persons is • Regulation: 24 CFR 578.75(b)(1). continue to meet HQS. This waiver is in available for CoCs that complete the Project/Activity: The waiver of the effect until June 30, 2021. notification process by the January 20, requirement in 24 CFR 578.75(b)(1) that Nature of Requirement: Recipients 2021 deadline, but may choose to use the recipient or subrecipient physically and subrecipients must inspect all units the waiver of 24 CFR 578.7(c)(2)(iii), inspect each unit to assure that the unit for which leasing or rental assistance which removes some of the data meets HQS before providing assistance funds are used, at least annually to collection requirements in Notice CPD– on behalf of a program participant is in ensure they continue to meet HQS.
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Granted By: James A. Jemison, Recipients continue to report that Washington, DC 20410, telephone (202) Principal Deputy Assistant Secretary for households experiencing homelessness 402–5619. [email protected]. Community Planning and Development. remain unable to afford the limited • Regulation: 24 CFR 203.604 Contact Date Granted: March 31, 2021. supply of affordable housing in many with the mortgagor. Reason Waived: HUD originally jurisdictions across the country and this Project/Activity: The requirement for waived the requirement for 1-year on has been made even more challenging early default intervention under FHA’s March 31, 2020 to help recipients and due to the economic impact of COVID– early default servicing requirements subrecipients prevent the spread of 19. HUD is waiving the requirements at stipulate that mortgagees must conduct COVID–19. Because social distancing 24 CFR 982.401(d)(2)(ii) and 24 CFR a face-to-face interview with the and stay at home measures are still in 578.75(c) to reduce the spread of borrower to gather and convey required place in most parts of the country, HUD COVID–19 by allowing households to information and determine the is extending this waiver. Additionally, move into housing instead of staying in borrower’s circumstances and recipients will need time when social congregate shelter. Consistent with the appropriate repayment plans. distancing guidelines are no longer in Executive Order on Fighting the Spread Nature of Requirement: This is a effect to prepare staff to re-inspect (and of COVID–19 by Providing Assistance to partial waiver of servicing requirement inspect as discussed above) units for Renters and Homeowners, grantees in 24 CFR 203.604 that mortgagees must HQS; therefore, HUD is extending the should balance use of this waiver with have a face-to-face interview before waiver beyond the date the state or local the recommendations of public health three full monthly installments due on public health official has determined officials to limit community spread and the mortgage are unpaid. The waiver special measures are no longer reduce risks to high-risk populations. provided alternative methods that the necessary to prevent the spread of For example, a large unit with rooms mortgagee could use to make contact. COVID–19. than can be partitioned for privacy and Granted by: Janet M. Golrick, Acting Contact: Norm Suchar, Director, distancing, or the waiver can be applied Assistant Secretary for Housing— Office of Special Needs Assistance for units that will house only one family Federal Housing Commissioner. Programs, Office of Community household. Date Granted: February 2, 2021. Planning and Development, Department Contact: Norm Suchar, Director, Reason Waived: The partial waiver of of Housing and Urban Development, Office of Special Needs Assistance required face-to-face contact was issued 451 Seventh Street SW, Room 7262, Programs, Office of Community due to continued public health concerns Washington, DC 20410, telephone Planning and Development, Department around the spread of Coronavirus number (202) 708–4300. of Housing and Urban Development, Disease 2019. Without the partial • Regulation: 24 CFR 578.75(c) and 451 Seventh Street SW, Room 7262, waiver, retention of the face-to-face 24 CFR 982.401(d)(2)(ii) as required by Washington, DC 20410, telephone interview requirement for servicing 24 CFR 578.75(b). number (202) 708–4300. FHA-insured mortgages during the Project/Activity: The requirement that II. Regulatory Waivers Granted by the COVID–19 pandemic introduces health each unit assisted with CoC Program Office of Housing—Federal Housing risks and potential non-compliance by funds or YHDP funds have at least one Administration (FHA) both mortgagees and borrower. Without bedroom or living/sleeping room for For further information about the the partial waiver, retention of the face- each two persons is waived for following regulatory waivers, please see to-face interview requirement during the recipients providing Permanent the name of the contact person that COVID–19 pandemic could introduce Housing-Rapid Rehousing assistance for immediately follows the description of increased health risks to FHA borrowers leases and occupancy agreements the waiver granted. and mortgagees. executed by recipients and • Contact: Elissa Saunders, Acting Regulation: 24 CFR 5.801(c)(2). Director, Office of Single Family Asset subrecipients between the dates of Project/Activity: All Multifamily & Management, Office of Housing, March 31, 2021 and June 30, 2021 and Healthcare properties. extending only until the later of (1) the Nature of Requirement: Regulation Department of Housing and Urban end of the initial term of the lease or requires that properties with a financial Development, 451 Seventh Street SW, occupancy agreement; or (2) June 30, reporting requirement provide that Room 9278, Washington, DC 20410, 2021. Recipients are still required to financial statement to HUD by a date telephone (202) 402–2378. follow State and local occupancy laws. certain. This requirement was deferred III. Regulatory Waivers Granted by the Nature of Requirement: 24 CFR until 6/30/21 for properties with a due Office of Public and Indian Housing 578.75(c), suitable dwelling size, and 24 date between 10/1/20–6/31/21. CFR 982.401(d)(2)(ii) as required by 24 Granted by: Lopa Kolluri, Principal For further information about the CFR 578.75(b), Housing Quality Deputy Assistant Secretary for following regulatory waivers, please see Standards, requires units funded with Housing—Federal Housing the name of the contact person that CoC Program funds to have at least one Administration. immediately follows the description of bedroom or living/sleeping room for Date Granted: March 30, 2021. the waiver granted. each two persons. Reason Waived: Difficulty in • Regulation: 24 CFR 982.161(a)(1). Granted By: James A. Jemison, completing audits on-time due to travel Project/Activity: Town of Islip Principal Deputy Assistant Secretary for restrictions and general workflow Housing Authority requested a conflict- Community Planning and Development. challenges related to the COVID–19 of-interest provision in HUD regulations Date Granted: March 31, 2021. pandemic. and Section 19 of the Public Housing Reason Waived: On September 30, Contact: Michael Bruggman, Director Annual Contributions Contract (ACC). 2020, HUD waived the requirements at of Asset and Counterparty Oversight Nature of Requirement: The conflict- 24 CFR 982.401(d)(2)(ii) and 24 CFR Division, Office of Asset Management of-interest provisions under the HCV 578.75(c) to allow households and Portfolio Oversight, Office of regulations and the ACC prevent a experiencing homelessness to obtain Multifamily Housing, Department of Public Housing Agency (PHA) or any of permanent housing that is affordable Housing and Urban Development, 451 its contractors or subcontractors from and that they assess is adequate. Seventh Street SW, Room 6151, entering into any contract or
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arrangement in connection with the Date Granted: March 9, 2021. under State or local law to commence HCV program or Public Housing Reason Waived: The HA requested an eviction action against the program property, in which any present or relief from compliance for additional participant. Also, each rental assistance former member or officer of the PHA has time to submit its financial reporting agreement that is executed or renewed a direct or indirect interest during his or requirements for the fiscal year end on or after December 16, 2016 must her tenure or for one year thereafter. (FYE) of September 20, 2020. The include all protections that apply to Granted By: Dominique Blom, General Housing Authority of the City of Lake tenants and applicants under 24 CFR Deputy Assistant Secretary, Public and Charles requested a waiver pursuant to part 5, subpart L, as supplemented by Indian Housing. ‘‘Relief from HUD Requirements § 576.409, except for the emergency Date Granted: March 5, 2021. Available to Public Housing Authorities transfer plan requirements under 24 Reason Waived: The PHA’s Executive (PHAs) During CY 2020/2021 to Assist CFR 5.2005(e) and 576.409(d). If the Director retired in November 2020 and with Recovery and Relief Efforts on housing is not assisted under another the Deputy Director was appointed Behalf of Families Affected by ‘‘covered housing program’’, as defined Interim Executive Director while the Disasters’’ FR–6050–N–04 (November in 24 CFR 5.2003, the agreement may PHA searches for a qualified candidate 12, 2020). A previous letter was sent to provide that the owner’s obligations for the Executive Director. The PHA’s LCHA from HUD on February 11, 2021 under 24 CFR part 5, subpart L Board of Commissioners requested to that addressed the waiver requests by (Protection for Victims of Domestic hire the former Executive Director on a LHCA for Section 2(a), Section 3(b), Violence, Dating Violence, Sexual part-time temporary basis to assist with Section 3(c), and Section 3(d). This Assault, or Stalking), expire at the end the transition of the Deputy Director to letter addresses the additional waivers of the rental assistance period. Interim Executive Director and to serve requested in accordance with FR–6050– Granted By: John Gibbs, Principal as the Deputy Director so the services to N–04 and 24 CFR 5.110. Deputy Assistant Secretary for PHA’s residents are not diminished and Contact: Lara Philbert, Assessment Community Planning and Development. to enable the PHA to address additional Manager, Integrated Assessment Team, Date Granted: January 6, 2021. demands imposed by the COVID Real Estate Assessment Center, Office of Reason Waived: HUD granted the pandemic. The PHA reviewed its Public and Indian Housing, Department waiver to increase housing options for current staffing and determined that no of Housing and Urban Development, ESG program participants in Tulsa, OK other PHA employee possesses a similar 550 12th Street SW, Suite 100, being assisted by the city’s subrecipient, level of skills, knowledge, and expertise Washington, DC 20410, telephone (202) MHAOK. Homelessness in the City of as the former Executive Director. The 475–7908. Tulsa increased 27% from 2015 to 2020. PHA also evaluated the possibility of MHAOK has been awarded rapid hiring a consulting firm but doing so HUD’s Summary of CARES Act Notices rehousing funding to provide rapid would come at a much higher cost. The Providing Waivers: 1/1/21 to 3/31/21 rehousing rental assistance and housing PHA’s attorney evaluated State and Authority: Coronavirus Aid, Relief, relocation and stabilization services for local law and determined that the and Economic Security Act (CARES up to 140 households. MHAOK owns 40 former Executive Director would be Act) and regulatory waiver authority is permitted under State and local law to properties in the community, which are also provided by 24 CFR 5.110 and included in the available pool of units be hired by PHA. The HUD Field Office, 91.600. including HUD’s Regional Counsel, from which an eligible program supported approval of this request. • Regulation: 24 CFR 576.106(e). participant may choose to live. If a Thus, pursuant to the waiver authority Project/Activity: HUD granted a program participant selects one of their provided at 24 CFR 5.110, HUD waiver of 24 CFR 576.106(e) to the City own housing units, MHAOK requires a determined that there was good cause to of Tulsa, to allow its subrecipient, the waiver of the rental assistance waive 24 CFR 982.161(a)(1). Mental Health Association Oklahoma agreement requirements in order to Contact: Danielle Bastarache, Deputy (MHAOK) to provide rapid re-housing enter an agreement with its property Assistant Secretary, Office of Public rental assistance and housing relocation management division (Eastoak Property Housing and Voucher Programs, Office and stabilization services to program Management). of Public and Indian Housing, participants who have chosen units that Contact: Norm Suchar, Director, Department of Housing and Urban MHAOK owns, which would require Office of Special Needs Assistance Development, 451 Seventh Street SW, that MHAOK will have to enter into a Programs, Office of Community Room 4204, Washington, DC 20410, rental assistance agreement with its Planning and Development, Department telephone (202) 402–5264. property management division. MHAOK of Housing and Urban Development, 451 Seventh Street SW, Room 7262, • Regulation: 24 CFR 5.801(c) and 24 is required to comply with the Conflict Washington, DC 20410, telephone CFR 5.801(d)(1). of Interest requirements as stated in 24 Project/Activity: Housing Authority of CFR 576.404. number (202) 708–4300. the City of Lake Charles (LA004). Nature of Requirement: Section • Regulation: 24 CFR 576.2, Nature of Requirement: The 576.106(e) of the Emergency Solutions definition of ‘‘homeless’’ (1)(iii). regulation establishes certain reporting Grants (ESG) Program Interim rule Project/Activity: HUD granted a compliance dates. The audited financial requires recipients to have a rental waiver of 24 CFR 576.2, paragraph statements are required to be submitted assistance agreement with the owner of (1)(iii) in CPD Memo: Availability of to the Real Estate Assessment Center any property for which they will Additional Waivers for Community (REAC) no later than nine months after provide rental assistance payments. The Planning and Development (CPD) Grant the housing authority’s (HA) fiscal year rental assistance agreement must Programs to Prevent the Spread of end (FYE), in accordance with the include the terms under which rental COVID–19 and Mitigate Economic Single Audit Act and OMB Circular A– assistance will be provided. It also Impacts Caused by COVID–19 (March 133. requires the owner to give the recipient 31, 2021). Paragraph (1)(iii) of the Granted By: Dominique Blom, General or subrecipient a copy of any notice to homeless definition in 24 CFR 576.2 is Deputy Assistant Secretary for Public the program participant to vacate the waived to the extent that an individual and Indian Housing. housing unit or any complaint used may qualify as homeless so long as he
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or she is exiting an institution where Washington, DC 20410, telephone ACTION: Notice. they resided for 120 days or less and number (202) 708–4300. SUMMARY: resided in an emergency shelter or place • Regulation: 24 CFR 576.203(a)(1). This notice publishes the not meant for human habitation Project/Activity: HUD granted a approval of the class III gaming compact immediately before entering that waiver of 24 CFR 576.203(a)(1) to between the Shakopee Mdewakanton institution. The waiver is in effect until Oregon Housing and Community Sioux Community of Minnesota (Tribe) June 30, 2021 and is made available Services (OHCS), to extend its and the State of Minnesota (State). with respect to all ESG grants, whether obligation date to March 31, 2021 to DATES: The compact takes effect on July funded under the CARES Act or annual provide time to evaluate new 2, 2021. ESG appropriations. applications, award funds, and account FOR FURTHER INFORMATION CONTACT: Ms. Nature of Requirement: The definition for unforeseen delays due to the Paula L. Hart, Director, Office of Indian of homeless in 24 CFR 576.2 includes implementation of a new funding Gaming, Office of the Deputy Assistant under paragraph (1)(iii) an individual approach to meet the unprecedented Secretary—Policy and Economic who is exiting an institution where he need during the COVID–19 pandemic Development, Washington, DC 20240, or she resided for 90 days or less and and identify new subrecipients with the [email protected], (202) 219–4066. has resided in an emergency shelter or capacity to administer ESG–CV funds. SUPPLEMENTARY INFORMATION: Under place not meant for human habitation Nature of Requirement: Section 24 section 11 of the Indian Gaming immediately before entering that CFR 576.203(a)(1) requires states to Regulatory Act (IGRA), Public Law 100– institution, which is an interpretation of obligate funds within 60 days from the 497, 25 U.S.C. 2701 et seq., the § 103(a)(4) of the McKinney-Vento Act date that it signs the grant agreement Secretary of the Interior shall publish in which includes an individual who with HUD. HUD further waived this the Federal Register notice of approved resided in a shelter or place not meant requirement in CPD–20–08 Notice: Tribal-State compacts for the purpose of for human habitation and who is exiting Waivers and Alternative Requirements engaging in Class III gaming activities an institution where he or she for the Emergency Solutions Grants on Indian lands. As required by 25 CFR temporarily resided (emphasis added). (ESG) Program Under the CARES Act 293.4, all compacts and amendments are Granted By: James A. Jemison, (ESG–CV Notice) so long as states subject to review and approval by the Principal Deputy Assistant Secretary for obligated funds within 180 days for Secretary. The Compact allows for the Community Planning and Development. activities it will carry out itself and 240 Date Granted: March 31, 2021. express and limited purpose of days for activities it will obligate to permitting the use of partitioned hard Reason Waived: HUD originally subrecipients. waived this requirement on September drives by the Community. The Compact Granted By: John Gibbs, Principal is approved. 30, 2020 to keep housing options open Deputy Assistant Secretary for for individuals who otherwise would Community Planning and Development. Bryan Newland, have been homeless but were reporting Date Granted: January 7, 2021. Principal Deputy Assistant Secretary—Indian longer stays in institutions as a result of Reason Waived: HUD granted the Affairs. COVID–19 (e.g., longer time in jail due waiver to extend OHCS’s obligation [FR Doc. 2021–14218 Filed 7–1–21; 8:45 am] to a postponed court dates due to courts deadline from February 18, 2021 to BILLING CODE 4337–15–P closings or courts operating at reduced March 31, 2021 to provide additional capacity and longer hospital stays when time to implement a new competitive infected with COVID–19). Allowing process for allocating funds and DEPARTMENT OF THE INTERIOR someone who was residing in an identifying new subrecipients with the emergency shelter or place not meant capacity to administer ESG CARES Act Bureau of Indian Affairs for human habitation prior to entering funds. The waiver provides OHCS with the institution to maintain their [212A2100DD/AASS003600/ time needed to complete their funding A0T902020.999900.253G] homeless status while residing in an process. institution for longer than 90 days is Contact: Norm Suchar, Director, Cayuga Nation of New York; Alcoholic necessary to prevent the spread of and Office of Special Needs Assistance Beverage Control Ordinance respond to COVID–19 by expanding Programs, Office of Community housing options for people who were Planning and Development, Department AGENCY: Bureau of Indian Affairs, experiencing homelessness and of Housing and Urban Development, Interior. institutionalized for longer than 451 Seventh Street SW, Room 7262, ACTION: Notice. traditionally required due to COVID–19. Washington, DC 20410, telephone SUMMARY: This notice publishes the Recipients continue to report potential number (202) 708–4300. liquor control ordinance of the Cayuga program participants are staying in [FR Doc. 2021–14135 Filed 7–1–21; 8:45 am] institutions for longer periods of time Nation of New York. The liquor control BILLING CODE 4210–67–P due to COVID–19; therefore, HUD statute regulates and controls the extended this waiver to allow someone possession, sale, manufacture, and who was residing in an emergency distribution of alcohol in conformity DEPARTMENT OF THE INTERIOR shelter or place not meant for human with the laws of the State of New York. DATES: This Ordinance is effective on habitation prior to entering the Bureau of Indian Affairs institution to maintain their homeless August 2, 2021. status while residing in an institution [212A2100DD/AAKC001030/ FOR FURTHER INFORMATION CONTACT: Ms. for longer than 90 days. A0A501010.999900253G] Rebecca J. Smith, Tribal Relations Contact: Norm Suchar, Director, Indian Gaming; Approval of Tribal- Specialist, Eastern Regional Office, Office of Special Needs Assistance State Class III Gaming Compact in the Bureau of Indian Affairs, 545 Marriott Programs, Office of Community State of Minnesota Drive, Suite 700, Nashville, Tennessee Planning and Development, Department 37214, Telephone: (615) 564–6711, Fax: of Housing and Urban Development, AGENCY: Bureau of Indian Affairs, (615) 564–6701; or Ms. Laurel Iron 451 Seventh Street SW, Room 7262, Interior. Cloud, Chief, Division of Tribal
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Government Services, Office of Indian Article 2-Alcoholic Beverage Control administrative functions it deems Services, Bureau of Indian Affairs, 1849 Commission appropriate, (b) the manufacture, sale, C Street NW, MS–4513–MIB, A. The Cayuga Nation Alcoholic possession, distribution and Washington, DC 20240, Telephone: Beverage Control Commission (the consumption of alcoholic beverages on (202) 513–7641. ‘‘Commission’’) is hereby established by all Indian Country under the Nation’s jurisdiction, and (c) all matters SUPPLEMENTARY INFORMATION: Pursuant this Ordinance. The Commission shall be the sole Nation regulatory body with pertaining to the authority conferred to the Act of August 15, 1953, Public upon the Commission by this Law 83–277, 67 Stat. 586, 18 U.S.C. jurisdiction over, and shall possess the authority to control, the manufacture, Ordinance. 1161, as interpreted by the Supreme C. To authorize officers, employees, possession, sale, distribution and Court in Rice v. Rehner, 463 U.S. 713 security personnel, and such other consumption of alcoholic beverages (1983), the Secretary of the Interior shall persons as shall be reasonably within Indian country under the certify and publish in the Federal necessary, to enforce the rules and Nation’s jurisdiction. Register notice of adopted liquor control B. The Commission shall consist of at regulations of this Ordinance and ordinances for the purpose of regulating least three (3) but not more than five (5) perform its functions. D. To adjudicate all alleged violations liquor transactions in Indian country. members each of whom shall be of this Ordinance, in accordance with The Tribal Council of the Cayuga Nation appointed by the federally-recognized Article 8 of this Ordinance and all other of New York duly adopted the Cayuga Council of the Cayuga Nation applicable provisions of Nation law. Nation Alcoholic Beverage Control (hereinafter referred to as the Ordinance on August 2, 2016, and ‘‘Authorized Governing Council of the Article 4: License Required subsequently amended it by resolution Nation’’) which shall also have the on December 5, 2017. No person shall manufacture or sell at power to appoint a Chairman of the wholesale or retail, any alcoholic This notice is published in Commission. Any individual twenty- beverages on Nation reservation lands, accordance with the authority delegated one (21) years of age or older shall be or within any Indian Country, under the by the Secretary of the Interior to the eligible to serve on the Commission jurisdiction of the Nation unless such Assistant Secretary—Indian Affairs regardless of whether he or she is a person has been duly licensed by the (Department of the Interior citizen of the Nation, provided the Commission. Departmental Manual, 209 DM 8). I Authorized Governing Council of the certify that the Tribal Council of the Nation determines that: (i) There would Article 5: License Application Cayuga Nation of New York duly be no apparent conflict of interest No license shall be issued under this adopted the Cayuga Nation Alcoholic created by the individual’s Ordinance to any person unless such Beverage Control Ordinance on August appointment, and (ii) a background person possesses the qualifications and 2, 2016, and subsequently amended it investigation of the individual has been satisfies the conditions set by the by resolution on December 5, 2017 to performed and the results of that Commission. Any person or persons clarify language. investigation are deemed satisfactory. desiring a license under this Ordinance Further, a majority of the members of shall file a sworn application for such The Cayuga Nation Alcoholic the Commission shall, at all times, license with the Commission. The Beverage Control Ordinance reads as consist of individuals who are not application shall include, among other follows: members of the Authorized Governing things, a full and complete showing of Cayuga Nation of New York Council of the Nation. the following: C. The term of office for each member A. Each person who applies for a Alcoholic Beverage Control Ordinance of the Commission shall be two (2) license to manufacture or sell alcoholic December 5, 2017 years. A member of the Commission beverages under this Ordinance shall, if may serve more than one term on the such application is approved, be Article-1 Introduction, Manufacture, Commission. Nevertheless, a required to pay a license fee in Sale, Distribution and Possession Commission member may be removed, accordance with the most recent license for cause, by the Authorized Governing fee schedule published by the The manufacture, introduction, sale, Council of the Nation prior to the Commission. Fees for a license issued distribution or possession of alcoholic expiration of his or her term. pursuant to this Ordinance shall be beverages within Indian country as that remitted to the Secretary/Treasurer of term is defined in 18 U.S.C. 1151 under Article 3: Commission Powers and the Commission. Such fees shall be the jurisdiction of the Cayuga Nation of Duties deposited by the Commission in the New York (the ‘‘Nation’’) shall be The Commission, in furtherance of general fund of the Nation. lawful, provided that such manufacture, this Ordinance, shall have the following B. Proof satisfactory to the introduction, sale, distribution or powers and duties: Commission that the applicant is not a possession is in compliance with the A. To regulate and control the member of the Commission and that he laws, regulations and ordinances of the manufacture, sale, possession, or she satisfies each of the licensing Nation, which, in accordance with 18 distribution and consumption of requirements established by the U.S.C. 1161, shall at all times conform alcoholic beverages on all Indian Commission. with the laws, regulations and Country under the Nation’s jurisdiction. The denial of an application for a ordinances of the State of New York and B. To adopt, publish and enforce rules license under this Ordinance may be of the United States. Without limiting and regulations governing: (a) The appealed, within thirty (30) days of such the generality of the foregoing in any appointment of individuals to serve as denial, by filing a Notice of Appeal with way, the possession of alcoholic Chairman and as officers of the the Authorized Governing Council of beverages by, or the sale or distribution Commission including but not limited the Nation. A copy of such Notice must of alcoholic beverages to anyone, under to a President and a Secretary/Treasurer, be concurrently served upon the the age of twenty-one (21) is expressly and to delegate to such officers those Commission and the appellant must prohibited. executive, management, and follow all rules and procedures for
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prosecuting the appeal that are Rights Act, 25 U.S.C. 1302, et seq. Article 12: Effective Date established by the Authorized Notice of a Commission hearing This Ordinance is effective thirty (30) Governing Council of the Nation. The regarding an alleged violation of this days after its publication in the Federal disposition of the appeal by the Ordinance shall be given to the affected Register. Authorized Governing Council of the individual(s) or entity(ies) by certified Nation shall be final and non- mail at least ten (10) days in advance of Bryan Newland, appealable. the hearing. The notice will be delivered Principal Deputy Assistant Secretary—Indian Affairs. in person or by certified mail with the Article 6: License; Terms and [FR Doc. 2021–14219 Filed 7–1–21; 8:45 am] Conditions Commission retaining proof of service. The notice will set out the rights of the BILLING CODE 4337–15–P A. A license issued by the Commission pursuant to this Ordinance alleged violator, including but not shall be for a term of one (1) year, limited to the right to an attorney to DEPARTMENT OF THE INTERIOR commencing on the date of issuance. represent the alleged violator, the right B. No transfer, conveyance or to speak and to present witnesses and to Bureau of Indian Affairs assignment of a license issued by the cross-examine any witnesses against [212A2100DD/AAKC001030/ Commission pursuant to this Ordinance them. A0A501010.999900253G] may occur without the prior written D. Any adverse determination made consent of the Commission. by the Commission may be appealed Indian Gaming; Approval by Operation within thirty (30) days of such of Law of Tribal-State Class III Gaming Article 7: Issuance of a License Compact in the State of Indiana determination by the alleged violator by A license shall be issued to the filing a Notice of Appeal with the AGENCY: applicant by the Commission only after Bureau of Indian Affairs, such applicant’s application has been Authorized Governing Council of the Interior. approved by the Commission. Nation. A copy of such Notice must be ACTION: Notice. concurrently served upon the Article 8: Violations; Fines; Seizure; Commission. The disposition of the SUMMARY: This notice publishes the Hearing; Appeal Rights appeal by the Authorized Governing approval by operation law of the compact between the Pokagon Band of A. Any person who violates this Council of the Nation shall be final and Potawatomi Indians (Tribe) and the Ordinance or any rule or regulation non-appealable. State of Indiana (State) providing for the promulgated pursuant thereto shall be conduct of Tribal class III gaming by the subject to a fine not to exceed $500 per Article 9: Severability Tribe. violation as civil damages to defray the If a court or other judicial body of DATES: The compacts take effect on July Commission’s cost of enforcing this competent jurisdiction invalidates any Ordinance. In addition to any fine so 2, 2021. part of this Ordinance, all valid parts FOR FURTHER INFORMATION CONTACT: Ms. imposed, any license or permit issued that are severable from the invalid part hereunder may be suspended or revoked Paula L. Hart, Director, Office of Indian shall remain in effect. If a part of this by the Commission for the violation of Gaming, Mailstop 3543, 1849 C Street Ordinance is invalid in one or more of any of the provisions of this Ordinance, NW, Washington, DC 20240, telephone its applications, that part shall remain or rules or regulations promulgated (202) 219–4066, [email protected]. thereto. in effect in all valid applications that are SUPPLEMENTARY INFORMATION: The B. Beverages containing alcohol that severable from the invalid applications. Indian Gaming Regulatory Act of 1988, are manufactured, sold, distributed or Article 10: Criminal Jurisdiction 25 U.S.C. 2701 et seq., (IGRA) provides possessed contrary to the terms of this the Secretary of the Interior (Secretary) Ordinance are hereby declared to be This Ordinance does not in any way with 45 days to review and approve or contraband. The Commission, on a confer upon the Nation criminal disapprove a Tribal-State compact majority vote, may authorize any officer jurisdiction over non-Indians. governing the conduct of class III of the Commission or any other gaming activity on the Tribe’s Indian individual it deems to be qualified, to Article 11: Interpretation lands. 25 U.S.C. 2710(d)(8). If the Secretary does not approve or enforce this Article 8. Any individual A. Sovereign Immunity. By enacting disapprove a Tribal-State compact who is authorized by the Commission to this Ordinance, the Nation does not enforce this Article 8 shall have the within the 45 days, IGRA provides that waive in any respect its sovereign authority to seize all contraband. All the Tribal-State compact is considered immunity or that of its agents in any contraband seized shall be preserved in to have been approved by the Secretary accordance with applicable Nation and manner, under any law, for any but only to the extent the compact is State law. Upon being found in purpose, or in any place. consistent with IGRA. 25 U.S.C. violation of this Ordinance by the B. No Right of Action. This Ordinance 2710(d)(8)(C). The IGRA also requires Commission, the party shall forfeit all does not create any right, cause of the Secretary of the Interior to publish right, title and interest in the items action, or benefit enforceable at law or in the Federal Register notice of seized which shall become the property in equity by any person against the approved Tribal-State compacts for the of the Nation, subject to such party’s Nation, its agencies, or any of its officers purpose of engaging in Class III gaming hearing and appeal rights, as described or employees, or any other person. activities on Indian lands. 25 U.S.C. 2710(d)(8(D). The Department’s herein. C. Not Subject to Modification. This C. The Commission shall grant to all regulations at 25 CFR 293.4, require all persons: (i) A hearing regarding any Ordinance is not subject to modification compacts and amendments to be violations, fines, license suspensions or in any state or federal court or by any reviewed and approved by the Secretary contraband seizures under this authority outside the Cayuga Nation of prior to taking effect. The Secretary took Ordinance, and (ii) all the rights and New York. no action on the Compact between the due process granted by the Indian Civil Pokagon Band of Potawatomi Indians
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and the State of Indiana. Therefore, the in the public’s interest and appraisals of State, county, and local laws and Compact is considered to have been the Federal and non-Federal parcels ordinances. approved, but only to the extent it is must show that the exchange parcels are The Draft EIS was available for a 45- consistent with IGRA. See 25 U.S.C. equal in value. The Federal and non- day public comment period, which 2710(d)(8)(C). Federal lands are located within the began on May 11, 2018, and ended on BLM’s Kremmling Field Office and the June 25, 2018. The comment period Bryan Newland, White River National Forest. included two public meetings: On June Principal Deputy Assistant Secretary—Indian 4, 2018, at the Summit County Library Affairs. The Final EIS describes and analyzes the Proposed Action (BLM’s preferred in Silverthorne, Colorado, and on June [FR Doc. 2021–14217 Filed 7–1–21; 8:45 am] alternative), another action alternative 6, 2018, at the Grand County Extension BILLING CODE 4337–15–P (Alternative 3), and the No Action Office in Kremmling, Colorado. The alternative. The BLM’s preferred BLM received 52 comments during the public comment process. Comment DEPARTMENT OF THE INTERIOR alternative would convey approximately 1,489 acres of Federal lands managed by responses are in the Final EIS. Bureau of Land Management the BLM in Grand County, Colorado, to (Authority: 40 CFR 1506.6) Blue Valley Ranch in exchange for [LLCON02000.L51010000.ER0000. approximately 1,830 acres of non- Jamie E. Connell, LVRWC16C8700.16X] Federal lands in Summit and Grand BLM Colorado State Director. Notice of Availability of the Final counties, Colorado. It also provides a [FR Doc. 2021–14033 Filed 7–1–21; 8:45 am] Environmental Impact Statement for series of recreation design features along BILLING CODE 4310–JB–P the Proposed Blue Valley Land the lower Blue River, including public access easements, ADA-accessible Exchange, Grand and Summit DEPARTMENT OF THE INTERIOR Counties, CO facilities, fishing access, boater rest stops, trails, parking, boat ramps, and Bureau of Ocean Energy Management AGENCY: Bureau of Land Management, picnic facilities. Alternative 3 responds Interior. to public comments on the draft EIS, [Docket No. BOEM–2021–0040] ACTION: Notice of availability. analyzing a reconfigured boundary for BLM parcel I that retains existing public Notice of Intent To Prepare an SUMMARY: In accordance with the fishing access and drops ranch-owned Environmental Impact Statement for National Environmental Policy Act of parcels 3 and 4 from the exchange to Proposed Wind Energy Facility 1969, as amended, the Bureau of Land balance land values. Also dropped from Offshore Virginia Management (BLM) has prepared a Alternative 3 are the recreation design Final Environmental Impact Statement AGENCY: Bureau of Ocean Energy features that are part of the Proposed Management, Interior. (EIS) for the Blue Valley Land Exchange. Action. ACTION: Notice of intent to prepare an DATES: The BLM will issue a final The BLM sought public participation decision on the proposal a minimum of environmental impact statement; through a scoping period initiated in request for comments. 30 days after the date that the April 2016 prior to preparation of the Environmental Protection Agency Draft EIS, which assisted the BLM in SUMMARY: Consistent with the publishes its Notice of Availability in identifying issues to be addressed in the regulations implementing the National the Federal Register. Draft EIS for the proposed land Environmental Policy Act (NEPA), the ADDRESSES: Copies of the Blue Valley exchange. Bureau of Ocean Energy Management Land Exchange Final EIS are available Issues identified by the public during (BOEM) announces its intent to prepare in the Kremmling Field Office at 2103 scoping included changes to public an environmental impact statement Park Avenue, Kremmling, CO 80459 and fishing access, perceived changes to (EIS) for the review of a construction online at https://go.usa.gov/xnBJ5. float boating on the Blue River, concerns and operations plan (COP) submitted by FOR FURTHER INFORMATION CONTACT: about changes to public access for Dominion Energy, Inc. (Dominion or Annie Sperandio, Blue Valley Land hunting, changes to wildlife applicant). The COP proposes the Exchange Project Manager, telephone management and habitat, changes to the construction and operation of a wind 970–724–3000; address Kremmling availability of Federal minerals for energy facility offshore Virginia, called Field Office, 2103 Park Avenue, development, transfer of historic water the Coastal Virginia Offshore Wind Kremmling, CO 80549; email: kfo_ rights, and issues common for all Commercial Project (CVOW–C or [email protected]. Persons who use a proposed land exchanges such as Project), with export cables and the telecommunications device for the deaf concerns about large landowners cable landing locations in the area of (TDD) may call the Federal Relay realizing a benefit from the exchange. Hampton Roads, Virginia. The onshore Service (FRS) at 1–800–877–8339 to These issues are addressed in the electrical portion will connect to the contact Ms. Sperandio during normal analysis in the Final EIS. The BLM Pennsylvania-New Jersey-Maryland business hours. The FRS is available 24 would manage lands acquired through (PJM) regional transmission grid. This hours a day, 7 days a week, to leave a the land exchange in accordance with notice of intent (NOI) announces the EIS message or question. You will receive a applicable laws and regulations, as well scoping process for the Dominion COP. reply during normal business hours. as the 2015 Kremmling Field Office Additionally, this NOI seeks public SUPPLEMENTARY INFORMATION: The BLM Resource Management Plan, as comment and input under section 106 proposes to exchange certain Federal amended. The White River National of the National Historic Preservation Act lands for properties owned by Galloway, Forest would manage approximately (NHPA) and its implementing Inc., the owners of the Blue Valley 300 acres of lands acquired under the regulations. Detailed information about Ranch. Pursuant to Section 206 of the White River National Forest Land and the proposed wind energy facility, Federal Land Management and Policy Resource Management Plan. The Blue including the COP, can be found on Act of 1976, as amended, the proposed Valley Ranch would manage lands BOEM’s website at: https:// land exchange must be determined to be acquired in accordance with applicable www.boem.gov/CVOW-C.
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DATES: Comments are due to BOEM by facility in the Lease Area with up to 205 habitat. NMFS’s responsibilities under August 2, 2021. wind turbine generators, inter-array the MMPA (16 U.S.C. 1371(a)(5)(D)) and BOEM will hold virtual public cables, up to three offshore substations, its implementing regulations establish scoping meetings for the CVOW–C EIS and two cable landing locations located and frame the need for NMFS’s action. at the following dates and times within existing parking lots in the State NMFS will be a consulting agency (eastern): Military Reservation, the Croatan Beach during BOEM’s environmental review of Monday, July 12, 2021, 5:00 p.m. Parking Lot in Virginia Beach, or both. Dominion’s COP and intends to adopt Wednesday, July 14, 2021, 1:00 p.m. The onshore electrical portion of the BOEM’s EIS to support any requested Tuesday, July 20, 2021, 5:00 p.m. Project will connect to the PJM regional MMPA incidental take authorizations. ADDRESSES: Comments can be submitted transmission grid. The Project will The U.S. Army Corps of Engineers in any of the following ways: contribute to the goals of the 2020 law Norfolk District (USACE) anticipates a • Delivered by U.S. mail or any other passed by the Virginia General permit action to be undertaken through delivery service, enclosed in an Assembly, the Virginia Clean Economy authority delegated to the District envelope labeled, ‘‘CVOW–C COP EIS’’ Act (VCEA), which supports Engineer by 33 CFR 325.8, pursuant to and addressed to Program Manager, development of 2,500 to 3,000 section 10 of the Rivers and Harbors Act Office of Renewable Energy, Bureau of megawatts (MW) of clean, reliable of 1899 (RHA) (33 U.S.C. 403) and Ocean Energy Management, 45600 offshore wind energy by 2028. section 404 of the Clean Water Act Woodland Road, Sterling, Virginia Furthermore, Dominion’s stated purpose (CWA) (33 U.S.C. 1344). The USACE 20166, or and need to construct and operate a considers issuance of a permit under • Through the regulations.gov web commercial-scale, offshore wind energy these two delegated authorities a major portal: Navigate to http:// facility in the Lease Area is to help Federal action connected to BOEM’s www.regulations.gov and search for fulfill the Commonwealth of Virginia’s proposed action (40 CFR 1501.9(e)(1)). Docket No. BOEM–2021–0040. Click on renewable energy goals. The applicant’s stated purpose and need the ‘‘Comment’’ button to the right of Based on Dominion’s goals and for the Project, as indicated in paragraph the document link. Enter your BOEM’s authority, the purpose of 3 of this section, is to provide a information and comment, then click BOEM’s action is to respond to commercially viable, offshore wind ‘‘Submit.’’ Dominion’s COP proposal and energy project within the Lease Area to FOR FURTHER INFORMATION CONTACT: determine whether to approve, approve meet Virginia’s need for clean energy. Michelle Morin, BOEM Office of with modifications, or disapprove The basic Project purpose, as Renewable Energy Programs, 45600 Dominion’s COP to construct and determined by USACE, is the Woodland Road, Sterling, Virginia install, operate and maintain, and construction and operation of a 20166, (703) 787–1340 or decommission a commercial-scale, commercial-scale, offshore wind energy [email protected]. offshore wind energy facility within the project, including associated SUPPLEMENTARY INFORMATION: Lease Area (the Proposed Action). transmission lines, for renewable energy BOEM’s action is needed to further the generation and distribution to the PJM Purpose and Need for the Proposed United States policy to make Outer energy grid. The USACE will be a Action Continental Shelf (OCS) energy consulting agency during BOEM’s In Executive Order 14008, President resources available for expeditious and environmental review of Dominion’s Biden stated that it is the policy of the orderly development, subject to COP and intends to adopt BOEM’s EIS United States ‘‘to organize and deploy environmental safeguards (43 U.S.C. to support its decision on any permits the full capacity of its agencies to 1332(3)), including consideration of required under section 10 of the RHA or combat the climate crisis to implement natural resources, safety of navigation, section 404 of the CWA. a Government-wide approach that and existing ocean uses. In addition, the National Oceanic and Preliminary Proposed Action and reduces climate pollution in every Alternatives sector of the economy; increases Atmospheric Administration’s (NOAA) resilience to the impacts of climate National Marine Fisheries Service The Proposed Action is the change; protects public health; (NMFS) anticipates receipt of one or construction and operation of a wind conserves our lands, waters, and more requests for authorization to take energy facility, as described in the COP biodiversity; delivers environmental marine mammals incidental to activities submitted by Dominion on the area justice; and spurs well-paying union related to the Project pursuant to the covered by Lease OCS–A 0483. In its jobs and economic growth, especially Marine Mammal Protection Act COP, Dominion is proposing to develop through innovation, commercialization, (MMPA). NMFS’s issuance of an MMPA the Project to provide between 2,500 and deployment of clean energy incidental take authorization is a major and 3,000 MW of clean, reliable offshore technologies and infrastructure.’’ Federal action and, in relation to wind energy to Virginia consumers. Through a competitive leasing process BOEM’s action, is considered a The Project will involve the under 30 CFR 585.211, Dominion was connected action (40 CFR 1501.9(e)(1)). construction and operation of up to 205 awarded Commercial Lease OCS–A The purpose of the NMFS action— wind turbine generators (WTG) and 0483 covering an area offshore Virginia which is a direct outcome of Dominion’s associated WTG foundations, up to (the Lease Area). Dominion has the request for authorization to take marine three offshore substations, up to exclusive right to submit a COP for mammals incidental to the Project approximately 301 miles of inter-array activities within the Lease Area, and it (specifically pile driving)—is to evaluate cables, and up to two cable onshore has submitted a COP to BOEM the information in Dominion’s landing locations. The onshore proposing the construction and application pursuant to the MMPA and electrical portion will connect to the installation, operations and 50 CFR part 216 and to issue the PJM regional transmission grid. The maintenance, and conceptual requested incidental take WTG foundations will be monopiles decommissioning of an offshore wind authorizations, if appropriate. The need with associated support and access energy facility in the Lease Area. for the NMFS action is to consider the structures. The WTGs, offshore The goal of CVOW–C is to develop a impacts of authorizing the requested substations, and inter-array cables will commercial-scale, offshore wind energy take on marine mammals and their be located within the Lease Area on the
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OCS approximately 27 statute miles noise caused by construction and from through 800.6. During preparation of the offshore Virginia Beach. The offshore collisions with Project-related vessel EIS, BOEM will ensure that the NEPA export cables will be buried below the traffic. Structures installed by the substitution process will meet its NHPA seabed in the OCS and Virginia Project could permanently change obligations in a manner that submerged lands. Export cables and two benthic habitat and other fish habitat. successfully utilizes this alternative onshore cable landing locations will be Commercial fisheries and for-hire process. located within existing parking lots at recreational fishing may be impacted. the State Military Reservation ( ), Project structures above the water may Schedule for the Decision-Making Croatan Beach in Virginia Beach, or affect the visual character that defines Process both. historic properties and recreation and After the draft EIS is completed, In addition to the Proposed Action tourism areas. Project structures could BOEM will publish a notice of and the no action alternative, potential pose an allision and height hazard to availability (NOA) and request public alternatives that the draft EIS could vessels passing close by, and vessels comments on the draft EIS. BOEM analyze include no-surface occupancy could in turn pose a hazard to the expects to issue the NOA in August areas within the Lease Area, navigation structures. Additionally, the Project may 2022. After the public comment period corridors within the Lease Area, and adversely impact military use, air traffic, ends, BOEM will review and respond to time of year restrictions during land-based radar services, cables and comments received and will develop the construction. Reasonable alternatives pipelines, scientific surveys, and any final EIS. BOEM expects to make the that are identified during the scoping future mineral extraction. Beneficial final EIS available to the public in May period will be evaluated in the draft EIS. impacts are also expected by facilitating 2023. A ROD will be completed no Under the no action alternative, BOEM achievement of State renewable energy sooner than 30 days after the final EIS would disapprove the COP, and goals, increasing job opportunities, is released, in accordance with 40 CFR Dominion’s wind energy facility improving air quality, and reducing 1506.11. described in the COP would not be built carbon emissions. The EIS will analyze Scoping Process: This NOI in the Lease Area. measures that would avoid, minimize, commences the public scoping process Once BOEM completes the EIS and or mitigate potential environmental for identifying issues and potential associated consultations, BOEM will effects. alternatives for consideration in the decide whether to approve, approve CVOW–C EIS. Throughout the scoping Anticipated Permits and Authorizations with modification, or disapprove process, Federal agencies; State, tribal, Dominion’s COP. If BOEM approves the In addition to the requested COP and local governments; and the general COP and the Project is constructed, the approval, various other Federal, State, public have the opportunity to help lessee must submit a plan, before the and local authorizations will be BOEM determine significant resources end of the lease term, to decommission required for the Project. In addition to and issues, impact-producing factors, the facilities. those previously discussed (i.e., NHPA, reasonable alternatives (e.g., size, MMPA, RHA, and CWA), these include Summary of Expected Impacts geographic, seasonal, or other authorizations under the Endangered restrictions on construction and siting of The draft EIS will identify and Species Act, Magnuson-Stevens Fishery facilities and activities), and potential describe the potential effects of the Conservation and Management Act, mitigation measures to be analyzed in Proposed Action on the human Coastal Zone Management Act, and the EIS as well as to provide additional environment that are reasonably other laws and regulations determined information. foreseeable and have a reasonably close to be applicable to the Project. BOEM In the interests of efficiency, causal relationship to the Proposed will also conduct government-to- completeness, and facilitating public Action. This includes such effects that government consultations with federally involvement, BOEM will use the NEPA occur at the same time and place as the recognized tribes. For a full listing of process to fulfill NHPA’s public Proposed Action or alternatives and regulatory requirements applicable to involvement requirements under 36 such effects that are later in time or the CVOW–C Project, please see the CFR 800.2(d). BOEM will involve the occur in a different place. Expected COP, volume I available at https:// public, State and local governments, potential impacts may include, but are www.boem.gov/CVOW-C. Indian tribes, and Dominion as not limited to, impacts (both beneficial BOEM has chosen to use the NEPA consulting parties under NHPA. Also, and adverse) to air quality, water substitution process to fulfill its BOEM will identify potential consulting quality, bats, benthic habitat, essential obligations under NHPA. While BOEM’s parties by considering all written fish habitat, invertebrates, finfish, birds, obligations under NHPA and NEPA are requests from individuals and marine mammals, terrestrial and coastal independent, the regulations organizations to participate as habitats and fauna, sea turtles, wetlands implementing NHPA allow for the use consulting parties. and other waters of the United States, of NEPA review to substitute for various BOEM will hold virtual public commercial fisheries and for-hire aspects of NHPA’s section 106 (54 scoping meetings for the CVOW–C EIS recreational fishing, cultural resources, U.S.C. 306108) review to improve at the following dates and times demographics, employment, economics, efficiency, promote transparency and (eastern): environmental justice, land use and accountability, and support a broadened • Monday, July 12, 2021, 5:00 p.m.; coastal infrastructure, navigation and discussion of potential effects that a • Wednesday, July 14, 2021, 1:00 vessel traffic, other marine uses, project may have on the human p.m.; and recreation and tourism, and visual environment. As provided in 36 CFR • Tuesday, July 20, 2021, 5:00 p.m. resources. These expected potential 800.8(c), the NEPA process and Registration for the virtual public impacts will be analyzed in the draft documentation required for the meetings may be completed here: and final EIS. preparation of an EIS and record of https://www.boem.gov/CVOW-C- Based on a preliminary evaluation of decision (ROD) can be used to fulfill a Scoping-Virtual-Meetings. the resources listed above, BOEM lead Federal agency’s NHPA section 106 NEPA Cooperating Agencies: BOEM expects potential impacts to sea turtles review obligations in lieu of the invites other Federal agencies and State, and marine mammals from underwater procedures set forth in 36 CFR 800.3 tribal, and local governments to
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consider becoming cooperating agencies parties by writing to the appropriate 2. Potential effects that the Proposed in the preparation of this EIS. The staff at ICF Consulting (ICF), which is Action could have on physical Council on Environmental Quality’s supporting BOEM in its administration resources, including air quality, water (CEQ) NEPA-implementing regulations of this review. ICF’s contact for this quality, and wetlands and other waters specify that qualified agencies and Project is Susan Lassell at of the United States. governments are those with [email protected] or 916–231– 3. Potential effects that the Proposed ‘‘jurisdiction by law or special 7612. BOEM will determine which Action could have on socioeconomic expertise.’’ Potential cooperating interested parties should be NHPA and cultural resources, including agencies should consider their authority consulting parties. commercial fisheries and for-hire and capacity to assume the Comments: Federal agencies, tribal, recreational fishing, demographics, responsibilities of a cooperating agency State, and local governments, and other employment, economics, environmental and should be aware that an agency’s interested parties are requested to justice, land use and coastal role in the environmental analysis comment on the scope of this EIS, infrastructure, navigation and vessel neither enlarges nor diminishes the final significant issues that should be traffic, other uses (marine minerals, decision-making authority of any other addressed, potential mitigation military use, aviation), recreation and agency involved in the NEPA process. measures that should be included, and tourism, and scenic and visual Upon request, BOEM will provide alternatives that should be considered. resources. potential cooperating agencies with a For information on how to submit 4. Other possible reasonable written summary of expectations for comments, see the ADDRESSES section alternatives to the Proposed Action that cooperating agencies, including time above. BOEM should consider, including schedules, milestones, responsibilities, BOEM does not consider anonymous additional or alternative avoidance, scope and detail of cooperating comments. Please include your name minimization, and mitigation measures. agencies’ contributions, and availability and address as part of your comment. 5. As part of its compliance with of pre-decisional information. BOEM BOEM makes all comments, including NHPA section 106 and its implementing anticipates this summary will form the the names, addresses, and other regulations (36 CFR part 800), BOEM basis for a memorandum of agreement personally identifiable information seeks public comment and consulting between BOEM and any non- included in the comment, available for parties input regarding the Department of the Interior cooperating public review online. Individuals may identification of historic properties agency. Agencies also should consider request that BOEM withhold their within the Proposed Action’s area of the factors for determining cooperating names, addresses, and other personally potential effects and the potential effects agency status in CEQ’s January 30, 2002, identifiable information from the public to those historic properties from the memorandum entitled ‘‘Cooperating record; however, BOEM cannot activities proposed under the COP. Agencies in Implementing the guarantee that it will be able to do so. BOEM also solicits proposed measures Procedural Requirements of the For BOEM to withhold from disclosure to avoid, minimize, or mitigate any National Environmental Policy Act.’’ your personally identifiable adverse effects on historic properties. This document is available at: http:// information, you must identify any Consistent with confidentiality energy.gov/sites/prod/files/nepapub/ information contained in your comment requirements, BOEM will present nepa_documents/RedDont/G-CEQ- that, if released, would constitute a available information regarding known CoopAgenciesImplem.pdf. clearly unwarranted invasion of your historic properties during the public BOEM, as the lead agency, will not privacy. You also must briefly describe scoping period. BOEM’s effects analysis provide financial assistance to any possible harmful consequences of for historic properties will be available cooperating agencies. Even if a the disclosure of information, such as for public and consulting party governmental entity is not a cooperating embarrassment, injury, or other harm. comment in the draft EIS. agency, it will have opportunities to All submissions from organizations or 6. Information on other current or provide information and comments to businesses and from individuals planned activities in, or in the vicinity BOEM during the public input stages of identifying themselves as of, the Proposed Action and possible the NEPA process. representatives or officials of impacts on the Project or the Project’s NHPA Consulting Parties: Certain organizations or businesses will be impacts on those activities. individuals and organizations with a made available for public inspection in 7. Other information relevant to the demonstrated interest in the Project may their entirety. Proposed Action and its impacts on the request to participate as NHPA human environment. consulting parties under 36 CFR Request for Identification of Potential To promote informed decision- 800.2(c)(5) based on their legal or Alternatives, Information, and making, comments should be as specific economic stake in historic properties Analyses Relevant to the Proposed as possible and should provide as much affected by the Project. Additionally, the Action detail as necessary to allow a same provision allows those with BOEM requests data, comments, commenter’s meaningful participation concerns about the Project’s effect on views, information, analysis, and fully inform BOEM of the historic properties to request to be alternatives, or suggestions on the commenter’s position. Comments consulting parties. Proposed Action from the public; should explain why the issues raised are Before issuing this NOI, BOEM affected Federal, State, tribal, and local important to the consideration of compiled a list of potential consulting governments, agencies, and offices; the potential environmental impacts and parties and invited them in writing to scientific community; industry; or any alternatives to the Proposed Action, as become consulting parties. To become a other interested party. Specifically: well as economic, employment, and consulting party, those invited must 1. Potential effects that the Proposed other impacts affecting the quality of the respond in writing, preferably by the Action could have on biological human environment. requested response date. resources, including bats, birds, coastal The draft EIS will include a summary Interested individuals or fauna, finfish, invertebrates, essential of all alternatives, information, and organizations that did not receive an fish habitat, marine mammals, and sea analyses submitted for consideration by invitation may request to be consulting turtles. BOEM during the scoping process.
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Authority: This NOI is published pursuant 3501 et seq.) and 5 CFR 1320.8(d)(1), we agency, including whether or not the to NEPA, 42 U.S.C. 4321 et seq., and 40 CFR provide the general public and other information will have practical utility; 1501.9. Federal agencies with an opportunity to (2) The accuracy of our estimate of the William Yancey Brown, comment on new, proposed, revised, burden for this collection of Chief Environmental Officer, Bureau of Ocean and continuing collections of information, including the validity of Energy Management. information. This helps us assess the the methodology and assumptions used; (3) Ways to enhance the quality, [FR Doc. 2021–14220 Filed 7–1–21; 8:45 am] impact of our information collection requirements and minimize the public’s utility, and clarity of the information to BILLING CODE 4310–MR–P reporting burden. It also helps the be collected; and public understand our information (4) How might the agency minimize the burden of the collection of DEPARTMENT OF THE INTERIOR collection requirements and provide the requested data in the desired format. information on those who are to Bureau of Reclamation A Federal Register notice was respond, including through the use of published on January 15, 2021 (86 FR appropriate automated, electronic, [RR85672000, 21XR0680A2, 4118), that allowed for a 60-day public mechanical, or other technological RX.31480001.0040000; OMB Control collection techniques or other forms of Number 1006–0028] comment period. Two comments were received during the public comment information technology, e.g., permitting Agency Information Collection period. One comment did not address electronic submission of response. Comments that you submit in Activities; Submission to the Office of the information collection requirements; response to this notice are a matter of Management and Budget for Review therefore, no response is required. The public record. Before including your and Approval; Recreation Survey second comment and response are address, phone number, email address, Questions summarized as follows: Comment: The survey is biased as it or other personal identifying AGENCY: Bureau of Reclamation, is used by recreationists at reservoirs information in your comment, you Interior. and not by the entire United States should be aware that your entire ACTION: Notice of information collection; population. Reservoirs are not to be comment—including your personal request for comments. used as wholesale ‘‘recreation’’ and identifying information—may be made should be used as drinking water publicly available at any time. While SUMMARY: In accordance with the without the risk of waste. you can ask us in your comment to Paperwork Reduction Act of 1995, we, Response: The mission of the Bureau withhold your personal identifying the Bureau of Reclamation of Reclamation is to manage, develop, information from public review, we (Reclamation), are proposing to renew and protect water and related resources cannot guarantee that we will be able to an information collection. in an environmentally and economically do so. DATES: Interested persons are invited to sound manner in the interest of the Abstract: Reclamation is responsible submit comments on or before August 2, American public. Reclamation operates for recreation development at all of its 2021. and maintains its lands and waterbodies reservoirs. Presently, there are more ADDRESSES: Written comments and as directed by law. As such, Public Law than 240 designated recreation areas on recommendations for the proposed 89–72, Federal Water Project Recreation our lands within the 17 Western States information collection should be sent Act of 1965, as amended, states ‘‘it is the hosting approximately 40 million within 30 days of publication of this policy of Congress and the intent of this visitors annually. As a result, we must notice to www.reginfo.gov/public/do/ Act that in investigating and planning be able to respond to emerging trends, PRAMain. Find this particular any Federal navigation, flood control, changes in the demographic profile of information collection by selecting reclamation, hydroelectric, or users, changing values, needs, wants, ‘‘Currently under Review—Open for multipurpose water resource project and desires, and conflicts between user Public Comments’’ or by using the that consideration shall be given to the groups. Statistically valid and up-to- search function. Please provide a copy opportunities, if any, which the project date data derived from the user is of your comments to Ronnie Baca, affords for outdoor recreation and for essential to developing and providing Bureau of Reclamation, Asset fish and wildlife enhancement and that, recreation programs relevant to today’s Management Division, 86–67200, P.O. wherever any such project can visitor. Reclamation is requesting re- Box 25007, Denver, CO 80225–0007; or reasonably serve either or both of these approval for the collection of data from by email to [email protected]. Please purposes consistently with the recreational users on Reclamation lands reference OMB Control Number 1006– provisions of this part, it shall be and waterbodies. To meet our needs for 0028 in the subject line of your constructed, operated, and maintained the collection of visitor use data, we comments. accordingly.’’. The intent of this survey will be requesting OMB to authorize a and its renewal is to provide the public two-part request: Survey questions for FOR FURTHER INFORMATION CONTACT: To a voice on how Reclamation recreation our regional offices to choose from, and request additional information about areas can be improved to better suit a survey form template. This will allow this information collection request public need and demand. for a custom designed survey (ICR), contact Ronnie Baca by email at As part of our continuing effort to instrument to fit a specific activity or [email protected], or by telephone at (303) reduce paperwork and respondent recreation site. The custom designed 445–3257. Individuals who are hearing burdens, we are again soliciting survey would be created by extracting or speech impaired may call the Federal comments from the public and other questions from the approved list of Relay Service at (800) 877–8339 for TTY Federal agencies on the proposed ICR survey questions that are applicable to assistance. You may also view the ICR that is described below. We are the recreation area and issue being at http://www.reginfo.gov/public/do/ especially interested in public comment evaluated. Only questions included in PRAMain. addressing the following: the pre-approved list of survey SUPPLEMENTARY INFORMATION: In (1) Whether or not the collection of questions will be used. accordance with the Paperwork information is necessary for the proper Title of Collection: Recreation Survey Reduction Act of 1995 (PRA, 44 U.S.C. performance of the functions of the Questions.
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OMB Control Number: 1006–0028. SUMMARY: In accordance with the (2) The accuracy of our estimate of the Form Number: 7–2675, Recreation Paperwork Reduction Act of 1995, we, burden for this collection of Survey Questions. the Office of Surface Mining information, including the validity of Type of Review: Extension of a Reclamation and Enforcement (OSMRE), the methodology and assumptions used; currently approved collection. are proposing to renew an information (3) Ways to enhance the quality, Respondents/Affected Public: collection. utility, and clarity of the information to Respondents to the surveys will be DATES: Interested persons are invited to be collected; and members of the public engaged in submit comments on or before August 2, (4) How might the agency minimize recreational activities on Reclamation 2021. the burden of the collection of lands and waterbodies. Visitors will ADDRESSES: Written comments and information on those who are to primarily consist of local residents, recommendations for the proposed respond, including through the use of people from large metropolitan areas in information collection should be sent appropriate automated, electronic, the vicinity of the lake/reservoir, and within 30 days of publication of this mechanical, or other technological people from out of state. notice to www.reginfo.gov/public/do/ collection techniques or other forms of Total Estimated Number of Annual PRAMain. Find this particular information technology, e.g., permitting Respondents: 696. information collection by selecting electronic submission of response. Total Estimated Number of Annual ‘‘Currently under 30-day Review—Open Comments that you submit in Responses: 696. for Public Comments’’ or by using the response to this notice are a matter of Estimated Completion Time per search function. Please provide a copy public record. Before including your Response: 15 minutes per survey (an of your comments to Mark Gehlhar, address, phone number, email address, average of 20 questions will be used on Office of Surface Mining Reclamation or other personal identifying each survey; each question will take and Enforcement, 1849 C Street NW, information in your comment, you approximately 45 seconds to complete Room 4556–MIB, Washington, DC should be aware that your entire on average). 20240, or by email to mgehlhar@ comment—including your personal Total Estimated Number of Annual osmre.gov. Please reference OMB identifying information—may be made Burden Hours: 140. Control Number 1029–0036 in the publicly available at any time. While Respondent’s Obligation: Voluntary. subject line of your comments. you can ask us in your comment to Frequency of Collection: Twice withhold your personal identifying FOR FURTHER INFORMATION CONTACT: To annually. information from public review, we request additional information about Total Estimated Annual Nonhour cannot guarantee that we will be able to this ICR, contact Mark Gehlhar by email Burden cost: None. do so. at [email protected], or by telephone It is estimated that there will be a total Abstract: Sections 507(b), 508(a), at (202) 208–2716. You may also view of 140 out of 696 contacts that choose 510(b), 515(b) and (d), and 522 of 30 the ICR at http://www.reginfo.gov/ not to respond to the survey. These non- U.S.C. 1201 et seq. require applicants to public/do/PRAMain. respondents account for 1 burden hour submit operation and reclamation plans per year. SUPPLEMENTARY INFORMATION: In for coal mining activities. This An agency may not conduct or accordance with the Paperwork information collection is needed to sponsor and a person is not required to Reduction Act of 1995 (PRA; 44 U.S.C. determine whether the plans will respond to a collection of information 3501 et seq.) and 5 CFR 1320.8(d)(1), we achieve the reclamation and unless it displays a currently valid OMB provide the general public and other environmental protections pursuant to control number. Federal agencies with an opportunity to the Surface Mining Control and The authority for this action is the comment on new, proposed, revised, Reclamation Act. Without this Paperwork Reduction Act of 1995 (44 and continuing collections of information, Federal and State U.S.C. 3501 et seq.). information. This helps us assess the regulatory authorities cannot review and impact of our information collection approve permit application requests. Karen Knight, requirements and minimize the public’s Director, Dam Safety and Infrastructure. Title of Collection: Surface Mining reporting burden. It also helps the Permit Applications—Minimum [FR Doc. 2021–14192 Filed 7–1–21; 8:45 am] public understand our information Requirements for Reclamation and BILLING CODE 4332–90–P collection requirements and provide the Operation Plan. requested data in the desired format. OMB Control Number: 1029–0036. A Federal Register notice with a 60- Form Number: None. DEPARTMENT OF THE INTERIOR day public comment period soliciting Type of Review: Extension of a comments on this collection of currently approved collection. Office of Surface Mining Reclamation information was published on March and Enforcement Respondents/Affected Public: State 24, 2021 (86 FR 15697). No comments governments and businesses. [S1D1S SS08011000 SX064A000 were received. Total Estimated Number of Annual 211S180110; S2D2S SS08011000 As part of our continuing effort to Respondents: 100. SX064A000 21XS501520; OMB Control reduce paperwork and respondent Total Estimated Number of Annual Number 1029–0036] burdens, we are again soliciting Responses: 3,091. comments from the public and other Estimated Completion Time per Agency Information Collection Federal agencies on the proposed ICR Response: Varies from 2 hours to 160 Activities; Surface Mining Permit that is described below. We are hours, depending on activity. Applications—Minimum Requirements especially interested in public comment Total Estimated Number of Annual for Reclamation and Operation Plan addressing the following: Burden Hours: 96,158. AGENCY: Office of Surface Mining (1) Whether or not the collection of Respondent’s Obligation: Required to Reclamation and Enforcement, Interior. information is necessary for the proper obtain or retain a benefit. performance of the functions of the Frequency of Collection: One time. ACTION: Notice of information collection; agency, including whether or not the Total Estimated Annual Nonhour request for comment. information will have practical utility; Burden Cost: $791,900.
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An agency may not conduct or SUPPLEMENTARY INFORMATION: In information requested will provide the sponsor and a person is not required to accordance with the Paperwork regulatory authority with data to respond to a collection of information Reduction Act of 1995 (PRA; 44 U.S.C. determine the eligibility of the applicant unless it displays a currently valid OMB 3501 et seq.) and 5 CFR 1320.8(d)(1), we and the capability and expertise of control number. provide the general public and other laboratories to perform required tasks. The authority for this action is the Federal agencies with an opportunity to Title of Collection: Permanent Paperwork Reduction Act of 1995 (44 comment on new, proposed, revised, Regulatory Program—Small Operator U.S.C. 3501 et seq.). and continuing collections of Assistance Program. information. This helps us assess the OMB Control Number: 1029–0061. Mark J. Gehlhar, impact of our information collection Form Number: FS–6. Information Collection Clearance Officer, requirements and minimize the public’s Type of Review: Extension of a Division of Regulatory Support. reporting burden. It also helps the currently approved collection. [FR Doc. 2021–14233 Filed 7–1–21; 8:45 am] public understand our information Respondents/Affected Public: BILLING CODE 4310–05–P collection requirements and provide the Businesses and state governments. requested data in the desired format. Total Estimated Number of Annual A Federal Register notice with a 60- Respondents: 4. DEPARTMENT OF THE INTERIOR day public comment period soliciting Total Estimated Number of Annual comments on this collection of Responses: 4. Office of Surface Mining Reclamation information was published on April 5, Estimated Completion Time per and Enforcement 2021 (86 FR 17639). No comments were Response: Varies from 1 hour to 70 [S1D1S SS08011000 SX064A000 received. hours, depending on activity. 211S180110; S2D2S SS08011000 As part of our continuing effort to Total Estimated Number of Annual SX064A000 21XS501520; OMB Control reduce paperwork and respondent Burden Hours: 93. Number 1029–0061] burdens, we are again soliciting Respondent’s Obligation: Required to comments from the public and other obtain or retain a benefit. Agency Information Collection Federal agencies on the proposed ICR Frequency of Collection: One time. Activities; Permanent Regulatory that is described below. We are Total Estimated Annual Nonhour Program—Small Operator Assistance especially interested in public comment Burden Cost: $0. Program addressing the following: An agency may not conduct or AGENCY: Office of Surface Mining (1) Whether or not the collection of sponsor and a person is not required to Reclamation and Enforcement, Interior. information is necessary for the proper respond to a collection of information ACTION: Notice of information collection; performance of the functions of the unless it displays a currently valid OMB request for comment. agency, including whether or not the control number. information will have practical utility; The authority for this action is the SUMMARY: In accordance with the (2) The accuracy of our estimate of the Paperwork Reduction Act of 1995 (44 Paperwork Reduction Act of 1995, we, burden for this collection of U.S.C. 3501 et seq.). information, including the validity of the Office of Surface Mining Mark J. Gehlhar, Reclamation and Enforcement (OSMRE), the methodology and assumptions used; (3) Ways to enhance the quality, Information Collection Clearance Officer, are proposing to renew an information Division of Regulatory Support. collection. utility, and clarity of the information to be collected; and [FR Doc. 2021–14234 Filed 7–1–21; 8:45 am] DATES: Interested persons are invited to (4) How might the agency minimize BILLING CODE 4310–05–P submit comments on or before August 2, the burden of the collection of 2021. information on those who are to ADDRESSES: Written comments and respond, including through the use of INTERNATIONAL TRADE recommendations for the proposed appropriate automated, electronic, COMMISSION information collection should be sent mechanical, or other technological [Investigation No. 337–TA–1247] within 30 days of publication of this collection techniques or other forms of notice to www.reginfo.gov/public/do/ information technology, e.g., permitting Certain Wireless Communications PRAMain. Find this particular electronic submission of response. Equipment and Components Thereof; information collection by selecting Comments that you submit in Commission Determination Not To ‘‘Currently under 30-day Review—Open response to this notice are a matter of Review an Initial Determination for Public Comments’’ or by using the public record. Before including your Terminating the Investigation in Its search function. Please provide a copy address, phone number, email address, Entirety; Termination of the of your comments to Mark Gehlhar, or other personal identifying Investigation Office of Surface Mining Reclamation information in your comment, you and Enforcement, 1849 C Street NW, should be aware that your entire AGENCY: U.S. International Trade Room 4556–MIB, Washington, DC comment—including your personal Commission. 20240, or by email to mgehlhar@ identifying information—may be made ACTION: Notice. osmre.gov. Please reference OMB publicly available at any time. While Control Number 1029–0061 in the you can ask us in your comment to SUMMARY: Notice is hereby given that subject line of your comments. withhold your personal identifying the U.S. International Trade FOR FURTHER INFORMATION CONTACT: To information from public review, we Commission has determined not to request additional information about cannot guarantee that we will be able to review an initial determination (‘‘ID’’) this ICR, contact Mark Gehlhar by email do so. (Order No. 9) terminating the at [email protected], or by telephone Abstract: This information collection investigation based on settlement. The at (202) 208–2716. You may also view requirement is needed to provide investigation is terminated. the ICR at http://www.reginfo.gov/ assistance to qualified small mine FOR FURTHER INFORMATION CONTACT: public/do/PRAMain. operators under 30 U.S.C. 1257. The Amanda P. Fisherow, Office of the
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General Counsel, U.S. International The Commission has determined not statement, while waiving the right to a Trade Commission, 500 E Street SW, to review this ID. The investigation is hearing, the procedures for electing each Washington, DC 20436, telephone (202) terminated. option, and the consequences for failing 205–2737. Copies of non-confidential The Commission vote for this to elect either option. Id. at 2–3 (citing documents filed in connection with this determination took place on June 28, 21 CFR 1301.43). The OSC also notified investigation may be viewed on the 2021. Registrant of the opportunity to submit Commission’s electronic docket The authority for the Commission’s a corrective action plan. Id. at 3 (citing information system (EDIS) at https:// determination is contained in Section 21 U.S.C. 824(c)(2)(C)). edis.usitc.gov. For help accessing EDIS, 337 of the Tariff Act of 1930, as Adequacy of Service please email [email protected]. amended (19 U.S.C. 1337), and in part General information concerning the 210 of the Commission’s Rules of In a Declaration dated June 8, 2021, a Commission may also be obtained by Practice and Procedure (19 CFR part Diversion Investigator (hereinafter, the accessing its internet server at https:// 210). DI) assigned to the Charleston District www.usitc.gov. Hearing-impaired Office, Louisville Field Division, stated By order of the Commission. that she and a Tactical Diversion Squad persons are advised that information on Issued: June 28, 2021. this matter can be obtained by Group Supervisor traveled to the Lisa Barton, contacting the Commission’s TDD residence of Brandon O’Callaghan, the terminal, telephone (202) 205–1810. Secretary to the Commission. former owner and pharmacist for Spring [FR Doc. 2021–14149 Filed 7–1–21; 8:45 am] Valley Family Pharmacy, in Winfield, SUPPLEMENTARY INFORMATION: The BILLING CODE 7020–02–P West Virginia on April 26, 2021. Commission instituted the present Request for Final Agency Action, dated investigation on February 12, 2021, June 9, 2021 (hereinafter, RFAA), based on a complaint and supplement DEPARTMENT OF JUSTICE Exhibit (hereinafter, RFAAX) 3 at 1. The thereto filed by Samsung Electronics DI stated that on that date, she Co., Ltd. of Gyeonggi-do, Korea and Drug Enforcement Administration ‘‘personally handed Mr. O’Callaghan a Samsung Electronics America, Inc. of copy of the [OSC].’’ Id. The DI also Ridgefield Park, New Jersey Spring Valley Family Pharmacy; stated that ‘‘Mr. O’Callaghan signed (collectively, ‘‘Complainants’’). 85 FR Decision and Order Form DEA–12 Receipt for Cash or Other 9370–71 (Feb. 12, 2021). The complaint, Items, which indicated that he received as supplemented, alleged violations of On April 12, 2021, the Assistant a copy of the [OSC].’’ Id. In her section 337 of the Tariff Act of 1930, as Administrator, Diversion Control Declaration, the DI included a true and amended, 19 U.S.C. 1337, based upon Division, Drug Enforcement correct copy of the DEA–12 that Mr. the importation, sale for importation, Administration (hereinafter, O’Callaghan signed. RFAAX 3, and sale in the United States after Government), issued an Order to Show Appendix (hereinafter, App.) A. importation of certain wireless Cause (hereinafter, OSC) to Spring The Government forwarded its RFAA, communications equipment and Valley Family Pharmacy (hereinafter, along with the evidentiary record, to components thereof by reason of Registrant) of Gallipolis, Ohio. OSC, at this office on June 10, 2021. In its infringement of certain claims of U.S. 1. The OSC proposed the revocation of RFAA, the Government represents that Patent No. 9,041,074; U.S. Patent No. Registrant’s Certificate of Registration ‘‘[Registrant] has not submitted a timely 9,521,616; U.S. Patent No. 9,736,772; (hereinafter, registration) No. request for a hearing in this matter.’’ 1 and U.S. Patent No. 10,797,405. Id. at FS7068249. Id. It alleged that Registrant RFAA, at 1. 9371. The complaint further alleged that ‘‘currently lacks state authority to The Government seeks to ‘‘revoke the an industry in the United States exists handle controlled substances.’’ Id. [DEA COR] of [Registrant] because or is in the process of being established, (citing 21 U.S.C. 824(a)(3)). [Registrant] lacks authority to handle as required by section 337. Id. The Specifically, the OSC alleged that on controlled substances in the State of notice of investigation named Ericsson or about October 2, 2020, Registrant Ohio, the state where [Registrant] is AB of Stockholm, Sweden, and permanently and voluntarily registered with DEA.’’ Id. The Telefonaktiebolaget LM Ericsson of surrendered its Ohio state pharmacy Government requests that the Stockholm, Sweden, and Ericsson Inc., license to the State of Ohio Board of Administrator revoke Registrant’s DEA of Plano, Texas. Id. Pharmacy with the surrender effective registration. Id. at 5. on October 5, 2020. Id. at 2. According Based on the DI’s Declaration, the On May 14, 2021, the parties filed a to the OSC, Registrant permanently and Government’s written representations, joint motion to terminate the voluntarily surrendered its Ohio state and my review of the record, I find that investigation based on settlement. The pharmacy license ‘‘after its owner and the Government accomplished service parties represent that ‘‘there are no other primary operator, Brandon O’Callaghan, of the OSC on Registrant on April 26, agreements, written or oral, expressed or permanently and voluntarily 2021. I also find that more than thirty implied between Samsung and Ericsson surrendered his state pharmacist license days have now passed since the concerning the subject matter of the after testing positive for controlled Government accomplished service of investigation.’’ See ID at 2. substances in violation of a Board the OSC. Further, based on the On June 10, 2021, the presiding Order.’’ Id. The OSC concluded that Government’s written representations, I administrative law judge issued Order because Registrant is ‘‘currently without find that neither Registrant, nor anyone No. 9, granting the joint motion to authority to handle controlled purporting to represent the Registrant, terminate the investigation. The ID finds substances in Ohio, the state in which requested a hearing, submitted a written that the motion complies with the [Registrant] is registered with DEA. . . . statement while waiving Registrant’s requirements of Commission Rule DEA must revoke [Registrant’s] 210.21(19 CFR 210.21) and there will registration. . . .’’ Id. 1 The Government included a second DI Declaration, dated June 9, 2021, in its RFAA, which not be a negative impact on the public The OSC notified Registrant of the stated that ‘‘DEA has not received any interest. No party filed a petition for right to request a hearing on the correspondence from Spring Valley Family review of the ID. allegations or to submit a written Pharmacy concerning the [OSC].’’ RFAAX 4, at 2.
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right to a hearing, or submitted a Agreement, Registrant permanently and practitioner’s registration, Congress corrective action plan. Accordingly, I voluntarily surrendered to the Board its directed that ‘‘[t]he Attorney General find that Registrant has waived the right license and registration. Id. at 2. shall register practitioners . . . if the to a hearing and the right to submit a According to Ohio’s online records, of applicant is authorized to dispense . . . written statement and corrective action which I take official notice, Registrant’s controlled substances under the laws of plan. 21 CFR 1301.43(d) and 21 U.S.C. state pharmacy license remains the State in which he practices.’’ 21 824(c)(2)(C). I, therefore, issue this inactive.2 https://elicense.ohio.gov/OH_ U.S.C. 823(f). Because Congress has Decision and Order based on the record HomePage (last visited date of signature clearly mandated that a practitioner submitted by the Government, which of this Order). Accordingly, I find that possess state authority in order to be constitutes the entire record before me. Registrant is not currently licensed to deemed a practitioner under the CSA, 21 CFR 1301.43(e). dispense controlled substances in Ohio, the DEA has held repeatedly that the state in which Registrant is revocation of a practitioner’s registration Findings of Fact registered with the DEA. is the appropriate sanction whenever he Registrant’s DEA Registration is no longer authorized to dispense Discussion Registrant is the holder of DEA controlled substances under the laws of Certificate of Registration No. Pursuant to 21 U.S.C. 824(a)(3), the the state in which he practices. See, e.g., FS7068249 at the registered address of Attorney General is authorized to James L. Hooper, 76 FR at 71,371–72; 448 Jackson Pike, Gallipolis, OH 45631. suspend or revoke a registration issued Sheran Arden Yeates, M.D., 71 FR RFAAX 1 (Certificate of Registration). under section 823 of the Controlled 39,130, 39,131 (2006); Dominick A. Pursuant to this registration, Registrant Substances Act (hereinafter, CSA) Ricci, M.D., 58 FR 51,104, 51,105 (1993); is authorized to dispense controlled ‘‘upon a finding that the registrant . . . Bobby Watts, M.D., 53 FR 11,919, 11,920 substances in schedules II through V as has had his State license or registration (1988); Frederick Marsh Blanton, 43 FR a retail pharmacy. Id. suspended . . . [or] revoked . . . by at 27,617. competent State authority and is no Under Ohio law, a terminal The Status of Registrant’s State License longer authorized by State law to engage distributor of dangerous drugs ‘‘means a On October 5, 2020, the State of Ohio in the . . . dispensing of controlled person who is engaged in the sale of Board of Pharmacy (hereinafter, Board) substances.’’ With respect to a dangerous drugs 3 at retail . . . ’’ and issued a ‘‘Settlement Agreement with practitioner, the DEA has also long held ‘‘includes pharmacies . . . and all other the State of Ohio Board of Pharmacy’’ that the possession of authority to persons who procure dangerous drugs (hereinafter, Settlement Agreement). dispense controlled substances under for sale or other distribution by or under RFAAX 4, App. A. According to the the laws of the state in which a the supervision of a pharmacist . . . or Settlement Agreement, the Board had practitioner engages in professional any other person authorized by the initiated an investigation of Registrant, practice is a fundamental condition for board of pharmacy.’’ Ohio Rev. Code a pharmacy licensed as a ‘‘Terminal obtaining and maintaining a Ann. § 4729.01(Q) (West 2021). Further, Distributor of Dangerous Drugs,’’ and practitioner’s registration. See, e.g., Ohio law provides that, other than a Brandon O’Callaghan, owner and James L. Hooper, M.D., 76 FR 71,371 licensed terminal distributor of operator of Registrant, related to Mr. (2011), pet. for rev. denied, 481 F. App’x dangerous drugs and other inapplicable O’Callaghan’s ‘‘illicit drug usage and 826 (4th Cir. 2012); Frederick Marsh exceptions, ‘‘no person shall do any of failure to ensure [Registrant] [met] Blanton, M.D., 43 FR 27,616, 27,617 the following: (a) Sell or distribute, at minimum standards and maintained (1978). retail, dangerous drugs; (b) possess for sanitary compounding area conditions This rule derives from the text of two sale, at retail, dangerous drugs; (c) to ensure public safety.’’ Id. at 1. The provisions of the CSA. First, Congress possess dangerous drugs.’’ Ohio Rev. Settlement Agreement states that on or defined the term ‘‘practitioner’’ to mean Code Ann. § 4729.51(E)(1) (West 2021). about June 19, 2019, the Board sent ‘‘a pharmacy . . . or other person Here, the undisputed evidence in the Registrant a Summary Suspension/ licensed, registered, or otherwise record is that Registrant surrendered its Notice of Opportunity for Hearing and permitted, by . . . the jurisdiction in license as a terminal distributor of that Registrant subsequently requested a which [it] practices . . ., to distribute, dangerous drugs in Ohio. As already hearing by and through counsel on or dispense, . . . [or] administer . . . a discussed, a terminal distributor of about July 15, 2019. Id. The hearing was controlled substance in the course of dangerous drugs must be licensed to be held on or about November 5, 2019, and professional practice.’’ 21 U.S.C. authorized to possess or distribute resulted in a Board Order that placed 802(21). Second, in setting the controlled substances in Ohio. Thus, both Registrant’s license and Mr. requirements for obtaining a because Registrant permanently and O’Callaghan’s license on indefinite voluntarily surrendered its Ohio state 2 suspension subject to certain Under the Administrative Procedure Act, an pharmacy license and, therefore, is not agency ‘‘may take official notice of facts at any stage authorized to dispense controlled conditions. Id. at 2. According to the in a proceeding—even in the final decision.’’ Settlement Agreement, on or about United States Department of Justice, Attorney substances in Ohio, Registrant is not January 8, 2020, Mr. O’Callaghan General’s Manual on the Administrative Procedure eligible to maintain a DEA registration. violated the terms of the Order by Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint Accordingly, I will order that 1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an Registrant’s DEA registration be ‘‘testing positive for amphetamine (454 agency decision rests on official notice of a material ng/ml) and methamphetamine (2368 ng/ fact not appearing in the evidence in the record, a revoked. ml).’’ Id. According to the Settlement party is entitled, on timely request, to an opportunity to show the contrary.’’ Accordingly, 3 The definition of ‘‘dangerous drugs’’ includes a Agreement, Mr. O’Callaghan Registrant may dispute my finding by filing a drug that ‘‘may be dispensed only upon a subsequently surrendered his pharmacy properly supported motion for reconsideration of prescription’’ under revised code section 3719. license on May 5, 2020, and thus finding of fact within fifteen calendar days of the Ohio Rev. Code. Ann. § 3719.41 states that the state Registrant ‘‘no longer [had] a date of this Order. Any such motion and response board of pharmacy shall adopt rules establishing shall be filed and served by email to the other party the schedules of controlled substances Responsible Person or owner that [was] and to Office of the Administrator, Drug ‘‘incorporating the five schedules of controlled lawfully allowed to possess’’ its license. Enforcement Administration at substances under the federal drug abuse control Id. Under the terms of the Settlement [email protected]. laws.’’
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Order DEPARTMENT OF JUSTICE ADDRESSES: Written comments should be sent to: Drug Enforcement Pursuant to 28 CFR 0.100(b) and the Drug Enforcement Administration Administration, Attention: DEA Federal authority vested in me by 21 U.S.C. [Docket No. DEA–829] Register Representative/DPW, 8701 824(a), I hereby revoke DEA Certificate Morrissette Drive, Springfield, Virginia of Registration No. FS7068249 issued to Importer of Controlled Substances 22152. All requests for a hearing must Spring Valley Family Pharmacy. Application: United States be sent to: Drug Enforcement Further, pursuant to 28 CFR 0.100(b) Pharmacopeial Convention Administration, Attn: Administrator, and the authority vested in me by 21 8701 Morrissette Drive, Springfield, U.S.C. 823(f), I hereby deny any pending AGENCY: Drug Enforcement Virginia 22152. All requests for a Administration, Justice. application of Spring Valley Family hearing should also be sent to: (1) Drug Pharmacy to renew or modify this ACTION: Notice of application. Enforcement Administration, Attn: registration, as well as any other SUMMARY: United States Pharmacopeial Hearing Clerk/OALJ, 8701 Morrissette pending application of Spring Valley Convention has applied to be registered Drive, Springfield, Virginia 22152; and Family Pharmacy for additional as an importer of basic class(es) of (2) Drug Enforcement Administration, registration in Ohio. This Order is controlled substance(s). Refer to Attn: DEA Federal Register effective August 2, 2021. Supplemental Information listed below Representative/DPW, 8701 Morrissette for further drug information. Drive, Springfield, Virginia 22152. D. Christopher Evans, DATES: Registered bulk manufacturers of SUPPLEMENTARY INFORMATION: In Acting Administrator. the affected basic class(es), and accordance with 21 CFR 1301.34(a), this [FR Doc. 2021–14165 Filed 7–1–21; 8:45 am] applicants therefore, may file written is notice that on March 24, 2021, United BILLING CODE 4410–09–P comments on or objections to the States Pharmaceopeial Convention, issuance of the proposed registration on 7135 English Muffin Way, Frederick, or before August 2, 2021. Such persons Maryland 21704, applied to be may also file a written request for a registered as an importer of the hearing on the application on or before following basic class(es) of controlled August 2, 2021. substance(s):
Controlled substance Drug code Schedule
Cathinone ...... 1235 I Methcathinone ...... 1237 I Methaqualone ...... 2565 I Lysergic acid diethylamide ...... 7315 I 4-Methyl-2,5-dimethoxyamphetamine ...... 7395 I 3,4-Methylenedioxyamphetamine ...... 7400 I 4-Methoxyamphetamine ...... 7411 I Codeine-N-oxide ...... 9053 I Difenoxin ...... 9168 I Heroin ...... 9200 I Morphine-N-oxide ...... 9307 I Norlevorphanol ...... 9634 I Methamphetamine ...... 1105 II Phenmetrazine ...... 1631 II Methylphenidate ...... 1724 II Amobarbital ...... 2125 II Pentobarbital ...... 2270 II Secobarbital ...... 2315 II Glutethimide ...... 2550 II Phencyclidine ...... 7471 II ANPP (4-Anilino-N-phenethyl-4-piperidine) ...... 8333 II Phenylacetone ...... 8501 II Alphaprodine ...... 9010 II Anileridine ...... 9020 II Cocaine ...... 9041 II Dihydrocodeine ...... 9120 II Diphenoxylate ...... 9170 II Levomethorphan ...... 9210 II Levorphanol ...... 9220 II Meperidine ...... 9230 II Dextropropoxyphene, bulk (non-dosage forms) ...... 9273 II Thebaine ...... 9333 II Oxymorphone ...... 9652 II Noroxymorphone ...... 9668 II Alfentinil ...... 9737 II Sufentanil ...... 9740 II
The company plans to import the bulk customers for analytical testing of raw Approval of permit applications will control substances for distribution as materials. occur only when the registrant’s analytical reference standards to its business activity is consistent with what
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is authorized under 21 U.S.C. 952(a)(2). issued an Order to Show Cause (OSC),1 Felony’’ to the offense of ‘‘False Authorization will not extend to the dated April 23, 2019, seeking to revoke Statement to Medicaid.’’ On August 1l, import of Food and Drug the Respondent’s Certificates of 2017, the Circuit Court of Fairfax Administration-approved or non- Registration (COR), numbers County, Virginia entered its sentencing approved finished dosage forms for ‘‘MJ3401609 and MJ4509331, pursuant Order for Respondent’s offense of ‘‘False commercial sale. to 21 U.S.C. 824(a)(5), and deny any Statement for Payment (F)’’ in violation applications for renewal or modification of Va. Code Section 32.1–314(F) FRD William T. McDermott, of such registration and any 3337F9. See Commonwealth of Virginia Assistant Administrator. applications for any other DEA v. Keith Allen Jenkins, No. FE–2017– [FR Doc. 2021–14210 Filed 7–1–21; 8:45 am] registrations pursuant to 21 U.S.C. 0000711 (Fairfax Cty. Cir. Ct.). BILLING CODE 4410–09–P 824(a)(5),’’ because the Respondent has 3. Based on Respondent’s conviction, been excluded from participation in a the U.S. Department of Health and program pursuant to section 1320a–7(a) Human Services, Office of Inspector DEPARTMENT OF JUSTICE of Title 42. OSC, at 1. The Respondent General (‘‘HHS/OIG’’), by letter dated 2 Drug Enforcement Administration requested a hearing on May 16, 2019, February 28, 2018, mandatorily and prehearing proceedings were excluded Respondent from participation [Docket No. 19–22] initiated.3 A hearing was conducted in in Medicare, Medicaid and all federal this matter on November 20, 2019, at the health care programs for a minimum Keith A. Jenkins, N.P.; Decision and DEA Hearing Facility in Arlington, period of five years pursuant to 42 Order Virginia. U.S.C. 1320a–7(a), effective March 20, On February 19, 2020, the Drug The issue ultimately to be adjudicated 2018. Notwithstanding the fact that the Enforcement Administration by the Acting Administrator, with the underlying conduct for which the (hereinafter, DEA or Government) assistance of this recommended Respondent was convicted had no Administrative Law Judge Mark M. decision, is whether the record as a nexus to controlled substances, the Dowd (hereinafter, ALJ), issued a whole establishes by a preponderance of Respondent’s mandatory exclusion from Recommended Rulings, Findings of the evidence that the Respondent’s Medicare, Medicaid, and all federal Fact, Conclusions of Law, and Decision subject registration with the DEA should health care programs by HHS/OIG (hereinafter, RD) on the action to revoke be revoked pursuant to 21 U.S.C. warrants revocation of the Respondent’s the DEA Certificate of Registration 824(a)(5). registration pursuant to 21 U.S.C. Numbers MJ3401609 and MJ4509331 of After carefully considering the 824(a)(5). See, e.g., Richard Hauser, Keith A. Jenkins, N.P. The ALJ testimony elicited at the hearing, the M.D., 83 FR 26308 (2018). admitted exhibits, the arguments of transmitted the record to me on March The Hearing 10, 2020. Having reviewed and counsel, and the record as a whole, I considered the entire administrative have set forth my recommended Government’s Opening Statement findings of fact and conclusions of law record before me, I adopt the ALJ’s RD The Government outlined its case in below. with modifications, where noted its Opening Statement. The Government herein.*A The Allegations seeks the revocation of the Respondent’s Order In the OSC, the Government contends registrations pursuant to 21 U.S.C. 824(a)(5), as the Respondent has been Pursuant to 28 CFR 0.100(b) and the that the DEA should revoke the Respondent’s DEA COR because he has excluded from a program pursuant to authority vested in me by 21 U.S.C. § 1320a–7a of Title 2. Tr. 12. The 824(a), I hereby dismiss the Order to been excluded from participation in a program pursuant to section 1320a–7(a) Government explained that in 2017, the Show Cause issued to Keith A. Jenkins, Respondent entered an Alford plea of N.P. I further order that any pending of Title 42. Specifically, the Government alleges guilty, to the felony offense of false applications for renewal of DEA statement to Medicaid, in the Circuit Certificates of Registration MJ3401609 the following: 1. Respondent is registered with the Court of Fairfax County, Virginia. On and MJ4509331 be granted. This Order the basis of that conviction, in 2018, the is effective immediately. DEA as an MLP-nurse practitioner in Schedules II through V under DEA Department of Health and Human D. Christopher Evans, Certificate of Registration MJ3401609, at Resources, Office of Inspector General Acting Administrator. 105 Vanner Rd., Mt. Juliet, TN 37122. mandatorily excluded the Respondent Respondent is also registered with the from participation in Medicare, Paul Soeffing, Esq., for the Government Medicaid and all federal health care Robert W. Liles, Esq. and Meaghan K. DEA under DEA Certificate of programs pursuant to 42 U.S.C. 1320a- McCormick, Esq., for the Respondent Registration MJ4509331, at 3909 Woodley Rd., Toledo, OH 43606, with a 7(a). The Respondent’s exclusion Recommended Rulings, Findings of mailing address of 105 Vanner Rd., Mt. remains in effect. Id. Fact, Conclusions of Law, and Decision Juliet, TN 37122. Respondent’s Respondent’s Opening Statement of the Administrative Law Judge registrations both expire by their terms In his Opening Statement, the The Assistant Administrator, on December 31, 2020. Id. Prior to the Respondent noted he has stipulated to Diversion Control Division, Drug current action, Respondent’s DEA all of the operative facts of the case. Id. Enforcement Administration (DEA), Certificates of Registration have not been the subject of disciplinary or other at 13. The Respondent conceded he was *A I have made minor, nonsubstantive, adverse action by the DEA. convicted as charged, he was excluded grammatical changes to the RD. Where I have made 2. On August 7, 2017, Respondent from participation from Medicare, any substantive changes, omitted language for entered an ‘‘Alford Plea of Guilty to a Medicaid and all federal health benefit brevity or relevance, or where I have added to or programs, as alleged. Acknowledging modified the ALJ’s opinion, I have bracketed the modified language and explained the edit in a 1 ALJ Ex. 1. the evidentiary burden shift to him, footnote marked with an asterisk and a letter in 2 ALJ Ex. 2. upon the prima facie showing of these alphabetical order. 3 ALJ Ex. 3. facts, the Respondent argued that his
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Registrations should not be revoked as the exclusion remained active as of the controlled substances, the Respondent that would be inconsistent with the day of the hearing. Tr. 24. reported that he attends at least two public interest. The Respondent argued On cross-examination, the DI medical conferences per year, a number that he has accepted responsibility for conceded the instant case did not of continuing education courses, and his misconduct, and further that this involve the diversion of controlled receives regulatory updates. Id. at 41, type of conduct can no longer reoccur, substance, nor was she aware of any 44; RX 9, 10, 11. His adjunct faculty as preventive safeguards are now in such violations by the Respondent. Id. position also requires him to stay place. at 24–25. current with prescribing protocol. The Respondent’s Ohio APRN Referring to the five operative factors Respondent’s Case in Chief under § 823(f), the Respondent noted includes the authority to prescribe that the Respondent has the ‘‘backing Keith A. Jenkins, N.P. controlled substances. Tr. 34; RX 7. At the time of the hearing, the and support’’ of the state nursing The Respondent, Keith A. Jenkins, is Respondent’s authority to prescribe in boards. Id. at 14. He is knowledgeable a licensed Advanced Practice Registered Ohio was unrestricted. However, the and experienced with respect to Nurse in Tennessee and Ohio. Id. at 33; Respondent’s Tennessee license controlled substances. He has never RX 1, 7. He holds DEA registrations in reflected the disciplinary action of been accused of any violation, state or Tennessee and Ohio. Tr. 33, 39–40; RX federal, of controlled substance statutes. probation, requiring some continuing 4. Other than this instant proceeding, education as a result of the Virginia He has always complied with these the Respondent has never been statutes. Finally, there is no evidence state court conviction. Tr. 36; RX 8. The disciplined or cautioned by the DEA. Tr. Respondent has completed the required that any of his ‘‘other conduct’’ could be 39, 61. The Respondent has never been a threat to the public safety. Thus, in continuing education. Tr. 42–43; RX 9, admonished, reprimanded or 10, 11. His Tennessee prescribing balancing the five factors under § 823(f), disciplined by any of the state nursing the retention of his registrations would authority remained unrestricted. Tr. 36, boards regarding his prescribing 60. In September 2019, despite not be inconsistent with the public practices. Id. at 61. The Respondent has interest. Id. at 15. disclosing the circumstances never been convicted of any offense surrounding his Virginia conviction, the Government’s Case in Chief involving controlled substances. Id. Respondent obtained South Carolina His educational background includes Before presenting witnesses, the nursing licensure. Id. at 37–38; RX 12. an Associate’s Degree in Medical He retains unrestricted prescribing Government offered the sworn and Laboratory Technology from authority in South Carolina. Tr. 38. notarized COR history for the Cumberland College in 1997, an As relates to the Respondent’s Respondent, which was admitted Associate’s Degree in Nursing in 2002, underlying misconduct, the Respondent without objection. See GX 1. The a Master’s Degree in Nursing and Adult worked for Actera Home Health from Government otherwise presented its Bariatric Nurse Practitioner in 2014, 2008–2015, as Administrator. Id. at 45. case in chief through the testimony of a post-Master’s Certificate for Family He did not generally provide any single witness. The Government Nurse Practitioner in 2015, and post- clinical support or prescribe presented the testimony of a Diversion Master’s Certificate for Psychiatric medication. Id. Investigator. Nurse Practitioner in 2017. Id. at 28. His employment there ended as a Diversion Investigator (DI) The Respondent is currently working on result of an audit by state authorities. his Doctorate, which he expects to The mother of a child patient of the The DI has worked for the Drug complete by January 2020. home health service was found to be Enforcement Administration for five The Respondent is an adjunct faculty abusing medication. Id. at 46. In and a half years and holds a Bachelor’s member in a nurse practitioner program. response to actions by the service, the Degree in Accounting and a Master’s Id. at 28–29; RX 1. He teaches various mother filed a complaint with state Degree in Business Administration. Tr. courses, including Pharmacology. Tr. regulators against the home health 16–17. She has graduated from the 12- 41. He works part-time at two clinics, a service, resulting in an investigation and week Basic Diversion Investigator bariatric clinic, and a primary care audit. Id. Although the investigation School. Id. at 17. She has also received psychiatric clinic. Id. at 29. The revealed no wrongdoing by the service, advanced diversion investigator Respondent typically prescribed the audit disclosed a billing training, tactical diversion training, and controlled substances, Phentermine and discrepancy. A different child patient asset forfeiture training. Id. at 18. Qsymia. At the psychiatric clinic, was signed up for ‘‘personal care’’ The instant investigation commenced controlled substances typically services. Id. at 47, 71, 73–74. The when the DEA learned that the prescribed include benzodiazepines, service used an Electronic Medical Respondent’s Tennessee Nursing license such as Clonazepam. Other controlled Record system (EMR) to maintain had been suspended by the Tennessee substances prescribed there include treatment records and to bill for Board of Nursing. Id. The DI later Alprazolam, Ritalin, and Adderall. Id. at services. The Respondent explained that learned that the Respondent had been 30. The Respondent also volunteers at a the service’s EMR system could not excluded from Medicare, Medicaid and free clinic and may prescribe, on directly bill Medicaid, so the service all other federal health care programs by average, one opioid per month. Id. at 31, used a secondary billing system to bill HHS/OIG. The DI obtained a copy of the 80. Medicaid, which auto billed weekly. Id. Respondent’s Alford plea of guilty to the The Respondent reported taking at 48, 70. The secondary billing system Virginia felony offense of False precautions in prescribing controlled would automatically ‘‘pull claims over’’ Statement to Medicaid, a copy of the substances, including checking the state to it from the EMR. Id. at 48, 70–71. sentencing order and a copy of the database for patient drug use pattern or Services for this child were initiated Respondent’s exclusion letter by HHS/ use history. Id. at 32. Additionally, he and reported in the EMR system, which OIG. Id. at 19–22; GX 3, 4, 5. The DI requires drug screens if warranted by automatically initiated the Medicaid verified the Respondent’s exclusion by the results of the database inquiry, as billing through the secondary billing accessing the HHS website. Tr. 23; GX well as randomly. To remain current system. Id. at 48, 71, 78. The normal 6. The DI confirmed on the HHS website with obligations regarding prescribing checks and balances within the home
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health service involved squaring the audits, which failed them in this case. of ‘‘False Statement to Medicaid.’’ On care-giver service reports with the Id. The Respondent did not benefit from August 11, 2017, the Circuit Court of billing. Id. at 49, 72. If the caregiver the overpayment,*B other than his Fairfax County, Virginia, entered its reported a cessation of care or change in salary. sentencing Order for Respondent’s care, the billing would be ceased or For his Tennessee APRN, a physician offense of ‘‘False Statement of adjusted to reflect that. Id. at 78–79. supervisor is required. Id. at 59. The Payment(F)’’ in violation of Va. Code However, in this case, the grandmother/ Respondent has a physician supervisor Section 32.1–314(F) FRD3337F9. custodian refused to allow care-givers to at each clinic where he works. Id. at 63– Commonwealth of Virginia v. Keith provide any care at all. As there were no 64. Although supervision is required Allen Jenkins, No. FE–2017–0000711 care-giver reports generated, the billing once a month, he works closely with his (Fairfax Cty. Cir. Ct.). Mr. Jenkins was to Medicaid continued automatically. physician supervisor and sees him sentenced to ‘‘3 years w/all 3 years There were no care-giver reports to weekly. The supervisor critically suspended.’’ Furthermore, the Court prompt the review of that patient’s reviews patient charts and must sign off Ordered that all ‘‘3 years [were subject billing to Medicaid, [so the audit on each controlled substance to] inactive probation.’’ Simply put, Mr. safeguards never caught the error.] Id. at prescription. Id. at 59. The Respondent Jenkins was not incarcerated, nor is he 49, 74–76, 78. The overpayment from reported that his supervisors have yet to required to report to a Probation Officer Medicaid was approximately $80,000. reject any of the Respondent’s during the period of his 3-year Id. at 48. When the audit revealed this prescriptions. Id. at 65. suspended sentence. overpayment, Medicaid audited every The Respondent reported that he has 3. Based on Respondent’s conviction, patient the service billed Medicaid. No not used his Ohio nursing license. He the U.S. Department of Health and other discrepancies were discovered. Id. has not worked in Ohio. Id. at 66. Human Services, Office of Inspector at 53, 78. The Respondent stated he remains General (‘‘HHS/OIG’’), by letter dated The Respondent entered an Alford fully compliant with state and federal February 28, 2018, mandatorily plea of guilty to false statement to controlled substance laws and excluded Respondent from participation Medicaid. Id. at 50, 52. The Respondent regulations. Id. at 61. The Respondent in Medicare, Medicaid and all federal understood at the time of his plea that, noted he was an infrequent prescriber of health care programs for a minimum as Administrator of the home health controlled substances. Id. The period of five years pursuant to 42 service, he was ‘‘responsible’’ for the Respondent believed it is in the public U.S.C. 1320a–7(a), effective March 20, improper claims to Medicaid, despite interest for him to retain his 2018. that he did not personally enter the registrations. 4. Reinstatement of eligibility to claims. Id. at 50, 69. His sentence was The Facts participate in Medicare, Medicaid and three years suspended, three years all federal health care programs after inactive probation, and $83,027.56 in Stipulations of Fact exclusion by HHS/OIG is not automatic. restitution. Id. at 51–52, 63. I asked the The Government and the Respondent 5. Respondent is currently excluded Respondent if he realized, at the time he have agreed to each of the following from participation in Medicare, plead guilty, the criminal offense of stipulations, which I recommend be Medicaid and all federal health care false statement to Medicaid required the accepted as fact in these proceedings: programs. intent of intentional or willful. The 1. Respondent is registered with the 6. Restitution in the amount of Respondent reported that his criminal DEA as a MLP-nurse practitioner in $83,027.56 to the Medicaid program was attorney handled the plea negotiation Schedules II through V under DEA ordered by the Court. The restitution and recommended the Respondent view Certificate of Registration MJ3401609 at was paid in full by the time of the guilty plea as a ‘‘business decision.’’ 105 Vanner Rd., Mt. Juliet, TN 37122. Respondent’s Alford Plea filing. Id. at 68–69. [Respondent stated, ‘‘Since Respondent is also registered with the 7. On April 23, 2019, the Assistant they never got a record on him, it never DEA under DEA Certificate of Administrator, Diversion Control got caught. In hindsight, it was a huge Registration MJ4509331 at 3909 Division, DEA, issued an Order to Show gap on our end or my end, really, that Woodley Rd., Toledo, OH 43606, with a Cause to Respondent, giving let that slip through.’’ Id. at 49. His mailing address of 105 Vanner Rd., Mt. Respondent notice of an opportunity to attorney asked, ‘‘So whose fault was it?’’ Juliet, TN 37122. Respondent’s show cause why the DEA should not Id. ‘‘Well, mine.’’ Id.] registrations both expire by their terms revoke Respondent’s DEA Certificates of Conceding the Government proved its on December 31, 2020. Prior to the Registration Nos. MJ3401609 prima facie case, the Respondent argued current action, Respondent’s DEA (Tennessee) and MJ4509331 (Ohio), that he should be permitted to keep his Certificates of Registration have not pursuant to 21 U.S.C. 824(a)(5), and CORs. Id. at 57. He explained that the been the subject to disciplinary or other deny any pending application(s) as a incident that gave rise to the felony adverse action by the DEA. practitioner for registration in Schedules conviction and the resultant HHS 2. From 2006 to 2013, Respondent II through V, alleging that Respondent exclusion was [‘‘an isolated incident, it worked in an administrative, non- has been excluded from participation in wasn’t intentional but [he does] realize clinical, capacity for a Virginia-based all federal health care programs as that in [his] acting role as administrator, home health agency. While employed at defined in 21 U.S.C. 824(a)(5). ultimately, it is [his] responsibility.’’] Id. the home health agency, the agency was 8. On May 16, 2019, Respondent, at 58, 67. The Respondent did not have audited by state Medicaid authorities through his legal counsel, filed a timely clinical duties at the service. He did not and Respondent’s role in the billing of request for administrative hearing in the supervise the line care providers. They claims for a specific patient were Matter of Keith A. Jenkins, N.P. were supervised by the nursing director. investigated by the state. On August 7, 9. On May 17, 2019, the Id. at 77–78. Although he had access to 2017, Respondent entered an ‘‘Alford Administrative Law Judge (ALJ) the billing records in the form of an Plea of Guilty to a Felony’’ to the offense assigned to this case issued the Court’s electronic report, his duties did not Order for Prehearing Statements to the include reviewing the accuracy of the *B This fact seems to be reasonably inferred from DEA and Respondent. billing report. Id. at 78. The accuracy of the record. The clinic paid restitution ‘‘immediately 10. On May 29, 2019, counsel for the the billing was insured by periodic once it was identified.’’ Tr. 52. Government filed the Government’s
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Prehearing Statement. Concurrent with for Respondent’s offense of ‘‘False 12. The Respondent’s Ohio APRN this filing, counsel also filed the Statement for Payment (F)’’ in violation license includes authority to prescribe. Government’s Motion for Summary of Va. Code Section 32.1–314(F) Id. Disposition. FRD3337F9. See Commonwealth of 13. Respondent is currently licensed 11. On May 30, 2019, Respondent Virginia v. Keith Allen Jenkins, No. FE– by the Tennessee Board of Nursing to filed an Unopposed Motion for 2017–0000711 (Fairfax Cty. Cir. Ct.). practice as an Advanced Practice Extension of Time to Submit 3. Based on Respondent’s conviction, Registered Nurse, license no. 19606. Respondent’s Prehearing Statement and the U.S. Department of Health and Stip. 14; ALJ Ex. 13 at 12. Respondent’s Respondent’s Response to the Human Services, Office of Inspector Tennessee APRN license is currently on Government’s Motion for Summary General (‘‘HHS/OIG’’), by letter dated probation but is unrestricted. Id. Disposition. February 28, 2018, mandatorily 14. At this time, Respondent’s DEA 12. On May 31, 2019, the Court issued excluded Respondent from participation Certificates of Registration in Ohio and its Order Granting Respondent’s in Medicare, Medicaid and all federal Tennessee are active and he is Unopposed Motion for Extension of health care programs for a minimum authorized to prescribe controlled Time until June 21, 2019 at 2:00 p.m. period of five years pursuant to 42 substances in Schedules II through V. EST. U.S.C. 1320a–7(a), effective March 20, Stip. 15; ALJ Ex. 13 at 12. 13. Respondent is currently licensed 2018. Stip. 3; ALJ Ex. 13 at 10–11. 15. Respondent testified that he works by the Ohio Board of Nursing to practice 4. Reinstatement of eligibility to at a bariatric clinic where he as an Advanced Practice Registered participate in Medicare, Medicaid and predominately treats morbid obesity and Nurse (APRN), license number all federal health care programs after typically prescribes Phentermine and APRN.CNP.021771. The Respondent’s exclusion by HHS/OIG is not automatic. Qsymia to those patients. Tr. 29. Ohio APRN license includes the Stip. 4; ALJ Ex. 13 at 11. 16. He also works at a primary authority to prescribe. 5. Respondent is currently excluded behavioral health clinic where he treats 14. Respondent is currently licensed from participation in Medicare, depression, anxiety, schizophrenia, by the Tennessee Board of Nursing to Medicaid and all federal health care bipolar disorder, personality disorders, practice as an Advanced Practice programs. Stip. 5; ALJ Ex. 13 at 11. and substance abuse disorders and Registered Nurse, license no. 19606. 6. Restitution in the amount of prescribes benzodiazepines such as Respondent’s Tennessee APRN license $83,027.56 to the Medicaid program was Clonazepam and Alprazolam, as well as is currently on probation but is ordered by the Court. Stip. 6; ALJ Ex. stimulants such as Ritalin and Adderall. unrestricted. 13, at 11. Id. at 30. 15. At this time, Respondent’s DEA 7. On April 23, 2019, the Assistant 17. Respondent testified that at both Certificates of Registration in Ohio and Administrator, Diversion Control the bariatric clinic and the behavioral Tennessee are active and he is Division, DEA issued an Order to Show health practice where he works, drug authorized to prescribe controlled Cause to Respondent, giving screens are performed to ensure that substances in Schedules II through V. Respondent notice of an opportunity to diversion doesn’t occur. Id. at 32. show cause why the DEA should not Findings of Fact 18. Respondent testified that although revoke Respondent’s DEA Certificates of he holds two DEA Certificates of The factual findings below are based Registration Nos. MJ3401609 Registration, he does not use his on a preponderance of the evidence, (Tennessee) and MJ4509331 (Ohio), registration for Ohio. Id. at 39. including the detailed, credible, and pursuant to 21 U.S.C. 824(a)(5), and 19. Respondent testified that to competent testimony of the deny any pending application(s) as a remain current in his knowledge of, and aforementioned witnesses, the exhibits practitioner for registration in Schedules obligations with respect to, controlled entered into evidence, and the record II through V, alleging that Respondent substances and prescribing he attends before me. has been excluded from participation in conferences and takes continuing 1. Respondent is registered with the all federal health care programs as education. Id. at 41–42; RX 9; RX 11. DEA as a MLP-nurse practitioner in defined in 21 U.S.C. 824(a)(5). Stip. 7; 20. Respondent testified that from Schedules II through V under DEA ALJ Ex. 13 at 11. 2008 to 2015 he worked at Actera Home Certificate of Registration MJ3401609 at 8. On May 16, 2019, Respondent, Health, which was a home health 105 Vanner Rd., Mt. Juliet, TN 37122. through his legal counsel, filed a timely agency that provided skilled care, Respondent is also registered with the request for administrative hearing in the private duty and personal care. Tr. 45. DEA under DEA Certificate of Matter of Keith A. Jenkins, N.P. Stip. 8; 21. Respondent testified that he did Registration MJ4509331 at 3909 ALJ Ex. 13 at 11. not generally provide clinical support at Woodley Rd., Toledo, OH 43606, with a 9. On May 17, 2019, the Actera Home Health, nor did he write mailing address of 105 Vanner Rd., Mt. Administrative Law Judge (ALJ) prescriptions there. Id. Juliet, TN 37122. Stipulation (‘‘Stip.’’) l; assigned to this case issued the Court’s 22. Respondent testified that the ALJ Ex. 13 at 10. Respondent’s Order for Prehearing Statements to the mother of a child receiving services at registrations both expire by their terms DEA and Respondent. Stip. 9; ALJ Ex. Actera Home Health lodged a complaint on December 31, 2020. Id. Prior to the 13 at 11. against Actera Home Health. Id. at 46. current action, Respondent’s DEA 10. On May 29, 2019, counsel for the 23. Respondent testified that the Certificates of Registration have not Government filed the Government’s complaint was not substantiated. Id. been the subject of disciplinary or other Prehearing Statement. Stip. 10; ALJ Ex. 24. During investigation of the adverse action by the DEA. Id. 13 at 11. Concurrent with this filing, complaint by the state of Virginia a 2. On August 7, 2017, Respondent counsel also filed the Government’s billing error was discovered for a entered an ‘‘Alford Plea of Guilty to a Motion for Summary Disposition. Id. different patient. Id. at 46, 71. Felony’’ to the offense of ‘‘False 11. Respondent is currently licensed 25. Respondent testified that the Statement to Medicaid.’’ Stip. 2; ALJ Ex. by the Ohio Board of Nursing to practice billing error was an overpayment of 13 at 10. On August 11, 2017, the as an Advanced Practice Nurse (APRN), approximately $80,000. Id. at 48. Circuit Court of Fairfax County, license number APRN.CNP.021771. 26. Respondent testified that the Virginia, entered its sentencing Order Stip. 13; ALJ Ex. 13 at 12. service’s billing checks-and-balance
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system failed to disclose an improper roles, but instead provides direct patient preponderance-of-the-evidence billing to Medicaid. Once the initiation care and does no billing. Id. at 58. standard. Steadman v. SEC, 450 U.S. 91, of a patient’s treatment is entered into 42. Respondent testified that he also 100–01 (1981). The Acting the Electronic Medical Record (EMR), has a physician supervisor who Administrator’s factual findings will be which triggers automatic billing, in this provides oversight. Id. at 58–59. sustained on review to the extent they case to Medicaid, that billing continues Respondent testified that, under are supported by ‘‘substantial until a treatment report noting cessation Tennessee law, his physician supervisor evidence.’’ Hoxie v. DEA, 419 F.3d 477, of treatment triggers the termination of must sign off on every controlled 481 (6th Cir. 2005). The Supreme Court billing. Here, the patient’s guardian substance prescription that he writes. has defined ‘substantial evidence’ as refused treatment for the patient. So, no Id. at 59, 65. such relevant evidence as a reasonable treatment reports were ever generated 43. Respondent testified that his mind might accept as adequate to and automatic billing to Medicaid Tennessee nursing license is on support a conclusion. Consolidated continued, despite no treatment being probation, but that he has no restrictions Edison Co. of New York v. National provided. Id. at 48, 71, 74. on his practice or on prescribing. Id. at Labor Relations Board, 305 U.S. 197, 27. Respondent testified that ‘‘it was 60. 229 (1938). While ‘‘the possibility of a huge gap on our end or my end, really, 44. Respondent testified that none of drawing two inconsistent conclusions that let that slip through.’’ Id. at 49. the allegations against him from the from the evidence’’ does not limit the 28. Respondent testified that the fault home health agency involved controlled Acting Administrator’s ability to find was ‘‘mine’’ and that it was ‘‘my substances. Id. facts on either side of the contested responsibility.’’ Id. 45. Respondent testified that his issues in the case, Shatz v. U.S. Dep’t of 29. Respondent testified that he probation is scheduled to end in August Justice, 873 F.2d 1089, 1092 (8th Cir. entered an Alford plea regarding this 2020. Id. at 64; GX 4. 1989); Trawick v. DEA, 861 F.2d 72, 77 incident. Id. at 29; GX 3. Analysis (4th Cir. 1988), all ‘‘important aspect[s] 30. Respondent testified that he of the problem,’’ such as a respondent’s entered the Alford plea because ‘‘I did Findings as to Allegations defense or explanation that runs counter not personally go enter these claims, but The Government alleges that the to the Government’s evidence must be I am responsible for it as the Respondent’s COR should be revoked considered. Wedgewood Vill. Pharmacy administrator.’’ Tr. 50. and any pending applications be denied v. DEA, 509 F.3d 541, 549 (D.C. Cir. 31. Respondent testified that he was because the Respondent has been 2007); Humphreys v. DEA, 96 F.3d 658, sentenced to three years, but it was excluded from all federal health care 663 (3rd Cir. 1996). The ultimate suspended and he served no time in jail. programs, pursuant to 21 U.S.C. disposition of the case must be in Id. at 51. 824(a)(5). The Agency has held that accordance with the weight of the 32. Respondent testified that he was evidence, not simply supported by put on probation for three years, which section 824(a)(5) authorizes the revocation of existing registrations, as enough evidence to justify, if the trial remains in effect for another year. Id. at were to a jury, a refusal to direct a 51–52. well as the denial of applications. Dinorah Drug Store, Inc., 61 FR 15,972 verdict when the conclusion sought to 33. Respondent testified that the be drawn from it is one of fact for the clinic paid restitution of $83,027.67. Id. (1996); Kuen H. Chen, M.D., 58 FR 65,401 (1993). jury. Steadman, 450 U.S. at 99 (internal at 42; GX 3. quotation marks omitted). 34. Respondent testified that his In the adjudication of a revocation or Alford plea resulted in his conviction of suspension of a DEA COR, DEA has the Regarding the exercise of a felony for a ‘‘false statement to burden of proving that the requirements discretionary authority, the courts have Medicaid.’’ Tr. 52. for such revocation or suspension are recognized that gross deviations from 35. Respondent testified that he was satisfied. 21 CFR 1301.44(e) (2010). past agency precedent must be excluded by the HHS/OIG from Where the Government has sustained its adequately supported, Morall v. DEA, Medicare and Medicaid. Id. at 54, 57; burden and made its prima facie case, 412 F.3d 165, 183 (D.C. Cir. 2005), but GX 5. a respondent must both accept mere unevenness in application does 36. Respondent testified that his false responsibility for his actions and not, standing alone, render a particular statement to Medicaid ‘‘was an isolated demonstrate that he will not engage in discretionary action unwarranted. Chein incident,’’ ‘‘wasn’t intentional’’ but that future misconduct. Patrick W. Stodola, v. DEA, 533 F.3d 828, 835 (D.C. Cir. as administrator ‘‘it is my M.D., 74 FR 20,727, 20,734 (2009). 2008) (citing Butz v. Glover Livestock responsibility.’’ Tr. 58. Acceptance of responsibility and Comm’n Co., 411 U.S. 182, 188 (1973)). 37. Respondent testified that ‘‘[t]he remedial measures are assessed in the It is well-settled that since the Board of Nursing did not deem me a context of the ‘‘egregiousness of the Administrative Law Judge has had the threat to public welfare and safety’’ and violations and the [DEA’s] interest in opportunity to observe the demeanor that he has ‘‘no criminal background at deterring similar misconduct by [the] and conduct of hearing witnesses, the all with substances.’’ Id. Respondent in the future as well as on factual findings set forth in this 38. Respondent testified that he the part of others.’’ David A. Ruben, recommended decision are entitled to ‘‘absolutely’’ accepts responsibility for M.D., 78 FR 38,363, 38,364 (2013). significant deference, Universal Camera the misconduct. Id. at 58, 67. Where the Government has sustained its Corp. v. NLRB, 340 U.S. 474, 496 (1951), 39. Respondent testified that he burden, that registrant must present and that this recommended decision considers his criminal conviction to be sufficient mitigating evidence to assure constitutes an important part of the a serious violation. Id. at 67. the Acting Administrator that he/she record that must be considered in the 40. Respondent testified that he is can be entrusted with the responsibility Acting Administrator’s decision. Morall, remorseful for his violation. Id. at 58, commensurate with such a registration. 412 F.3d at 179. However, any 67. Medicine Shoppe-Jonesborough, 73 FR recommendations set forth herein 41. Respondent testified that this 364, 387 (2008). regarding the exercise of discretion are violation will not happen again because The burden of proof at this by no means binding on the Acting he no longer works in administrative administrative hearing is a Administrator and do not limit the
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exercise of that discretion. 5 U.S.C. convicted of the underlying criminal sanction. See Jacobo Dreszer, 76 FR 557(b) (2006); River Forest Pharmacy, charge in Virginia State court, and was 19,386, 19,387–88 (2011) (explaining Inc. v. DEA, 501 F.2d 1202, 1206 (7th subsequently mandatorily excluded that a respondent can ‘‘argue that even Cir. 1974); Attorney General’s Manual from all federal health care programs by though the Government has made out a on the Administrative Procedure Act 8 HHS/OIG, pursuant to 42 U.S.C. 1320a– prima facie case, his conduct was not so 1947). 7(a). The Government’s evidence clearly egregious as to warrant revocation’’); Paul H. Volkman, 73 FR 30,630, 30,644 Exclusion Under 42 U.S.C. 1320a–7(a) demonstrates the necessary elements of proof under 21 U.S.C. 824(a)(5) and I (2008); Gregory D. Owens, 74 FR 36,751, The Government has alleged that the find that the Government has 36,757 n.22 (2009). Respondent has been excluded from established a prima facie case for Since the discovery of the participation in a program pursuant to revocation of the Respondent’s COR and overpayment, the Respondent has section 1320a–7(a) of Title 42. The denial of any pending applications. maintained a consistent posture of Government can meet its burden under Therefore, the remaining issue, and acknowledging the impropriety and § 824(a)(5) simply by advancing the central focus for determination in illegality of his actions, and of evidence that the registrant has been this matter, is whether the Respondent cooperation with the Government in excluded from a federal health care has sufficiently demonstrated that he resolving the matter.*G He has fully program under 42 U.S.C. 1320a–7(a). has accepted responsibility for his accepted responsibility for his conduct, Johnnie Melvin Turner, M.D., 67 FR actions, has demonstrated remorse and which led to the underlying criminal 71,203 (2002); Dinorah Drug Store, Inc., taken sufficient rehabilitative and conviction, both in his criminal 61 FR at 15,973. The Administrator has remedial steps, to demonstrate to the prosecution, as well as in the instant sanctioned registrants where the Acting Administrator that he can be proceeding. Tr. 58, 67; FoF 37. The Government introduced evidence of a entrusted to maintain his COR. Kwan Bo Respondent testified credibly during the registrant/applicant’s plea agreement Jin, M.D., 77 FR at 35,021. The Agency hearing when asked if he accepted and judgment, and the resulting letter of must determine whether revocation is responsibility for his misconduct: exclusion from the U.S. Department of the appropriate sanction ‘‘to protect the ‘‘Absolutely. If I could go back and fix Health and Human Services, Office of public from individuals who have it, I would.’’ Tr. 58. When directly asked Inspector General, imposing mandatory misused controlled substances or their by Government counsel during cross- exclusion under section 1320a–7(a). See DEA Certificate of Registration and who examination if he accepted Richard Hauser, M.D., 83 FR 26,308 have not presented sufficient mitigating responsibility, he stated, ‘‘absolutely.’’ (2018). evidence to assure the Administrative Id. at 67; FoF 37. The Respondent has Additionally, the Agency has that they can be trusted with the further demonstrated remorse for his consistently held that the underlying responsibility carried by such a crime. Tr. 67; FoF 39. conviction that led to mandatory registration.’’ Jeffrey Stein, M.D., 84 FR [Moreover, it is noted that exclusion does not need to involve 46,968, 46,973 (2019) (quoting Leo R. Respondent’s crime did not directly controlled substances to support a Miller, M.D., 53 FR 21,931, 21,932 benefit Respondent and appears to have revocation or denial. See, e.g., (1988)). ‘‘The Agency also looks to the been a mistake that Respondent was not Mohammed Asgar, M.D., 83 FR 29,569 nature of the crime in determining the aware was occurring. Even so, (2018); Narciso A. Reyes, M.D., 83 FR likelihood of recidivism and the need Respondent did not at any point attempt 61,678 (2018); Richard Hauser, M.D., 83 for deterrence.’’ Id. In determining to shift the blame to anyone, he never FR at 26,308; Orlando Ortega-Ortiz, whether and to what extent a sanction tried to cover up his offense or lie, and M.D., 70 FR 15,122 (2005); Juan Pillot- is appropriate, consideration must be he credibly maintained that even though Costas, M.D., 69 FR 62,804 (2004). given to both the egregiousness of the his actions were unintentional and However, evidence that the underlying offenses established by the indirect, he was still fully responsible in conviction does not relate to controlled Government’s evidence and the his role as the Administrator for a substances can be used in mitigation. Agency’s interest in both specific and mistake that happened under his watch. Mohammed Asgar, M.D., 83 FR at general deterrence. David A. Ruben, Respondent credibly demonstrated 29,573 (noting respondent’s conviction M.D., 78 FR 38,363, 38,364, 38,385 remorse, and I find that he ‘‘did not involve the misuse of his (2013).[ ] *D unequivocally accepted responsibility. registration to handle controlled When asked how much restitution he substances’’); Kwan Bo Jin, M.D., 77 FR Acceptance of Responsibility and 35,021, 35,027 (2012) (showing a lack of Rehabilitative Measures *G At the advice of his attorney, Respondent evidence concerning respondent’s The Government’s prima facie burden entered an Alford plea of guilty to the felony offense of false statement to Medicaid. Although ‘‘prescribing practices’’).[ ] *C *E having been met, [ ] the Respondent entering this type of plea could be viewed as Government’s Burden of Proof and must present sufficient mitigating mitigating his actions, I do not find this to diminish Establishment of a Prima Facie Case evidence to assure the Administrator Respondent’s acceptance of responsibility in this that he can be entrusted with the case. When asked if he had realized that the offense involved knowing or willful intent, Respondent Based upon my review of the responsibility incumbent with such allegation by the Government, it is replied that his attorney had handled the plea registration. Medicine Shoppe- negotiation and had recommended that he view the necessary to determine if it has met its Jonesborough, 73 FR 364, 387 (2008); Alford plea as a ‘‘business decision.’’ Tr. at 68–69. prima facie burden of proving the Samuel S. Jackson, 72 FR 23,848, 23,853 With regard to his Alford plea specifically, he stated, ‘‘my interpretation of it was essentially that requirements for a sanction pursuant to (2007).[ ] *F 21 U.S.C. 824(a). I did not personally go enter these claims, but I am The egregiousness and extent of an responsible for it as the administrator.’’ Id. at 50. It is clear from the stipulations, the applicant’s misconduct are significant As such, I find that Respondent made it clear that Government’s evidence, and the factors in determining the appropriate he was following the legal advice that his lawyer Respondent’s position in this matter had given him regarding a particular legal element that there is no controversy between the of his offense and that his understanding was that *D Analysis of public interest factors omitted for he was still taking responsibility. Therefore, in spite parties that the Respondent was relevance. of Respondent’s Alford plea, I find that he *E Omitted text for clarity. consistently and completely accepted *C Language omitted for clarity. *F Omitted additional public interest analysis. responsibility.
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paid as a result of his criminal sentence, His underlying criminal conduct did not the following Information Collection he answered precisely to the cent. Tr. relate to his handling of controlled Request to the Office of Management 51. When he talked about the mistake in substances and the Government has not and Budget (OMB) for review and the billing, he corrected himself when alleged or demonstrated any clearance in accordance with the he initially said ‘‘we,’’ and stated deficiencies by the Respondent related established review procedures of the unequivocally that it was ‘‘really’’ him. to controlled substance. [ ] *J Paperwork Reduction Act of 1995. The Id. 49. In a situation such as this one There is no indication that the proposed information collection is that involved a mistake, it would have Respondent has ever improperly published to obtain comments from the been very easy for Respondent to have handled controlled substances or that he public and affected agencies. shifted the blame or mitigated the represents a danger to the public. Based DATES: The Department of Justice circumstances surrounding his crime, upon the evidence presented, and encourages public comment and will but he unfalteringly maintained that it consistent with Jackson, Miller, and accept input until August 2, 2021. *H was his responsibility.] Stein, the Respondent has clearly FOR FURTHER INFORMATION CONTACT: Additionally, Respondent has demonstrated that he can be entrusted Written comments and consistently demonstrated that he has to properly maintain his COR. recommendations for the proposed taken the necessary steps to correct the information collection should be sent error. The Respondent has returned to Recommendation within 30 days of publication of this clinical care, and is not involved in Considering the entire record before notice to www.reginfo.gov/public/do/ billing or any other administrative me, the conduct of the hearing, and responsibility. [Respondent recognized observation of the testimony of the PRAMain. Find this particular that he should not hold a management witnesses presented, I find that the information collection by selecting or administrative position and Government has met its burden of proof ‘‘Currently under 30-day Review—Open Respondent changed his practice area. and has established a prima facie case for Public Comments’’ or by using the By doing so, Respondent has made the for revocation. However, [ ] *K the search function. effort to ensure that there is no evidence suggests that the Respondent SUPPLEMENTARY INFORMATION: Written recurrence of his mistake in the future. has unequivocally accepted comments and suggestions from the I find this to be further evidence of his responsibility, is remorseful for his public and affected agencies concerning acceptance of responsibility that conduct, has withdrawn from any the proposed collection of information demonstrates that he has taken active responsibilities related to billing or are encouraged. Your comments should steps to prevent future mistakes. He also other administrative duties, and has address one or more of the following attends a few conferences a year, presented convincing evidence four points: receives regulatory update mailings, and demonstrating that the Agency can —Evaluate whether the proposed stated that his role as adjunct faculty entrust him to maintain his COR. collection of information is necessary ‘‘forces [him] to stay current.’’ Id. at Therefore, I recommend the for the proper performance of the 41.] *I Respondent’s DEA Certificates of functions of the agency, including Although correcting improper Registration MJ3401609 and MJ4509331 whether the information will have behavior and practices is very important should not be revoked and any pending practical utility; to establish acceptance of responsibility, applications for renewal or modification —Evaluate the accuracy of the agency’s conceding wrongdoing is critical to of such registration, or for additional estimate of the burden of the reestablishing trust with the Agency. DEA registrations, be granted. proposed collection of information, Holiday CVS, L.L.C., 77 FR 62,316, Signed: February 19, 2020. including the validity of the methodology and assumptions used; 62,346 (2012); Daniel A. Glick, D.D.S., Mark M. Dowd, 80 FR at 74,801. Based upon the U.S. Administrative Law Judge —Enhance the quality, utility, and evidence presented, I find that the clarity of the information to be [FR Doc. 2021–14163 Filed 7–1–21; 8:45 am] Respondent has demonstrated the full collected; and/or measure of acceptance of responsibility, BILLING CODE 4410–09–P —Minimize the burden of the collection and has fully demonstrated that he is of information on those who are to respond, including through the use of remorseful for his actions and has taken DEPARTMENT OF JUSTICE considerable steps to ensure that this appropriate automated, electronic, conduct will not be repeated. Federal Bureau of Investigation mechanical, or other technological collection techniques or other forms Loss of Trust [OMB Number 1110–0045] of information technology, e.g., Where the Government has sustained permitting electronic submission of its burden and established that a Agency Information Collection responses. registrant has committed acts Activities; Proposed eCollection Overview of This Information inconsistent with the public interest, eComments Requested; Extension of Collection that registrant must present sufficient Currently Approved Collection; mitigating evidence to assure the Acting Customer Satisfaction Assessment 1. Type of Information Collection: Administrator that he can be entrusted Survey Extension of a currently approved with the responsibility commensurate AGENCY: Federal Bureau of collection. with such a registration. Medicine Investigation, Department of Justice. 2. The Title of the Form/Collection: Customer Satisfaction Assessment. Shoppe, 73 FR at 387. ACTION: 30-Day notice. As demonstrated by the evidence 3. The agency form number: FD–1000. presented in this matter, it is clear to me SUMMARY: The Department of Justice, 4. Affected public who will be asked that the Respondent has unequivocally Federal Bureau of Investigation, or required to respond, as well as a brief accepted responsibility for his conduct. Laboratory Division (LD) has submitted abstract: Respondents primarily include federal, state, and local law *H Language added. *J Language omitted for clarity. enforcement. Respondents also include *I Language added. *K Omitted text for clarity. the intelligence community, Department
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of Defense, and international police DEPARTMENT OF JUSTICE Overview of This Information agencies personnel and/or crime Collection laboratory personnel. This collection is Federal Bureau of Investigation a brief questionnaire regarding 1. Type of Information Collection: customers’ satisfaction with the services [OMB Number 1110–0048] Extension of a previously approved collection. provided by the Federal Bureau of Agency Information Collection 2. The Title of the Form/Collection: Investigation Laboratory. This collection Activities; Proposed eCollection, is needed to evaluate the quality of eComments Requested; Cargo Theft Cargo Theft Incident Report services provided by the Federal Bureau Incident Report 3. The agency form number, if any, of Investigation Laboratory. The Federal and the applicable component of the Bureau of Investigation Laboratory is AGENCY: Federal Bureau of Department sponsoring the collection: accredited by the ANSI National Investigation, Department of Justice. There is no form number for this Accreditation Board (ANAB). A ACTION: 30-Day notice and request for collection. The applicable component requirement for maintaining comments. within the Department of Justice is the accreditation is to evaluate the level of Criminal Justice Information Services SUMMARY: The Department of Justice, service provided by the Federal Bureau Division of the Federal Bureau of of Investigation Laboratory to our Federal Bureau of Investigation, Criminal Justice Information Services Investigation. customers. To meet this requirement the Division, will be submitting the 4. Affected public who will be asked Federal Bureau of Investigation following information collection request or required to respond, as well as a brief Laboratory is requesting its customers to to the Office of Management and Budget abstract: complete and return the Customer for review and approval in accordance Primary: Law enforcement agencies. Satisfaction Assessment. with the Paperwork Reduction Act of 5. An estimate of the total number of 1995. Abstract: This survey is needed to collect reports of cargo theft offenses respondents and the amount of time DATES: Comments are encouraged and estimated for an average respondent to reported by federal, state, local, and will be accepted for 30 days until tribal law enforcement agencies. It respond: An estimated 500 respondents August 2, 2021. will complete the Customer Satisfaction should be noted that cargo theft offenses ADDRESSES: Written comments and are being collected under the National Assessment survey in 2021. This recommendations for the proposed estimate is based on the number of Incident-Based Reporting System as of information collection should be sent January 1, 2021. Therefore, this data respondents in prior years of this within 30 days of publication of this collection. It is estimated that collection will serve to collect updates notice to www.reginfo.gov/public/do/ to incidents only. respondents will need 5 minutes to PRAMain. Find this particular complete a questionnaire. information collection by selecting 5. An estimate of the total number of 6. An estimate of the total public ‘‘Currently under 30-day Review—Open respondents and the amount of time burden (in hours) associated with the for Public Comments’’ or by using the estimated for an average respondent to collection: The estimated public burden search function. respond: The Federal Bureau of associated with this collection is 42 SUPPLEMENTARY INFORMATION: Written Investigation Uniform Crime Reporting hours. It is estimated that respondents comments and suggestions from the Program’s Cargo Theft Incident Report will need 5 minutes to complete a public and affected agencies concerning Estimation: It is estimated the Cargo questionnaire. The burden hours for the proposed collection of information Theft Incident Report Estimation will collecting respondent data sum to are encouraged. Your comments should generate 4,528 feedback responses per approximately 42 hours (500 address one or more of the following year with an estimated response time of respondents × 5 minutes = 41.67 hours). four points: five minutes per response. If additional information is required —Evaluate whether the proposed 6. An estimate of the total public contact: Melody Braswell, Department collection of information is necessary burden (in hours) associated with the for the proper performance of the Clearance Officer, United States collection: There are approximately 378 functions of the Federal Bureau of Department of Justice, Justice hours, annual burden, associated with Investigation, including whether the Management Division, Policy and this information collection. information will have practical utility. Planning Staff, Two Constitution —Evaluate the accuracy of the agency’s If additional information is required Square, 145 N Street NE, 3E.405A, estimate of the burden of the contact: Melody Braswell, Department Washington, DC 20530. proposed collection of information, Clearance Officer, United States Dated: June 28, 2021. including the validity of the Department of Justice, Justice Management Division, Policy and Melody Braswell, methodology and assumptions used. —Evaluate how the quality, utility, and Planning Staff, Two Constitution Department Clearance Officer for PRA, U.S. Square, 145 N Street NE, 3E.405A, Department of Justice. clarity of the information to be collected can be enhanced; and Washington, DC 20530. [FR Doc. 2021–14071 Filed 7–1–21; 8:45 am] —Minimize the burden of the collection Dated: June 28, 2021. BILLING CODE 4410–02–P of information on those who are to Melody Braswell, respond, including through the use of appropriate automated, electronic, Department Clearance Officer for PRA, U.S. Department of Justice. mechanical, or other technological collection techniques or other forms [FR Doc. 2021–14070 Filed 7–1–21; 8:45 am] of information technology, e.g., BILLING CODE 4410–02–P permitting electronic submission of responses.
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DEPARTMENT OF JUSTICE of information technology, e.g., Dated: June 29, 2021. permitting electronic submission of Melody Braswell, [OMB Number 1121–0184] responses. Department Clearance Officer for PRA, U.S. Department of Justice. Agency Information Collection Overview of This Information Activities; Proposed eCollection Collection [FR Doc. 2021–14236 Filed 7–1–21; 8:45 am] eComments Requested; Revision of a BILLING CODE 4410–18–P Currently Approved Collection: 2022 1. Type of Information Collection: School Crime Supplement (SCS) to the Revision of a currently approved National Crime Victimization Survey collection. DEPARTMENT OF LABOR (NCVS) 2. Title of the Form/Collection: 2022 School Crime Supplement (SCS) to the Occupational Safety and Health AGENCY: Bureau of Justice Statistics, National Crime Victimization Survey Administration Department of Justice. (NCVS). [Docket No. OSHA–2007–0043] ACTION: 60-Day notice. 3. Agency form number, if any, and the applicable component of the TUV SUD America, Inc.: Applications SUMMARY: The Department of Justice Department of Justice sponsoring the (DOJ), Office of Justice Programs, for Expansion of Recognition and collection: The form number for the Proposed Modification to the NRTL Bureau of Justice Statistics, will be questionnaire is SCS–1. The applicable submitting the following information Program’s List of Appropriate Test component within the Department of Standards collection request to the Office of Justice is the Bureau of Justice Statistics Management and Budget (OMB) for (BJS), in the Office of Justice Programs. AGENCY: Occupational Safety and Health review and approval in accordance with 4. Affected public who will be asked Administration (OSHA), Labor. the Paperwork Reduction Act of 1995. or required to respond, as well as a brief ACTION: Notice. DATES: Comments are encouraged and abstract: The survey will be will be accepted for 60 days until administered to persons ages 12 to 18 in SUMMARY: In this notice, OSHA August 31, 2021. NCVS sample households in the United announces the applications of TUV SUD FOR FURTHER INFORMATION CONTACT: If States from January through June 2022. America, Inc. (TUVAM) for expansion you have comments especially on the The SCS collects, analyzes, publishes, of recognition as a Nationally estimated public burden or associated and disseminates statistics on the Recognized Testing Laboratory (NRTL) response time, suggestions, or need a students’ victimization, perceptions of and presents the agency’s preliminary copy of the proposed information school environment, and safety at finding to grant the applications. collection instrument with instructions school. Additionally, OSHA proposes to add or additional information, please 5. An estimate of the total number of one additional test standard to the contact Rachel Morgan (email: respondents and the amount of time NRTL Program’s List of Appropriate [email protected]; telephone: estimated for an average respondent to Test Standards. 202–616–1707) or Alexandra Thompson respond: An estimate of the total DATES: Submit comments, information, (email: Alexandra.Thompson@ number of respondents is 7,010 persons and documents in response to this usdoj.gov; telephone: 202–598–2032), ages 12 to 18. Of the 7,010 SCS notice, or requests for an extension of Bureau of Justice Statistics, 810 Seventh respondents, 87% or 6,071 are expected time to make a submission, on or before Street NW, Washington, DC 20531. to complete the long SCS interview July 19, 2021. SUPPLEMENTARY INFORMATION: Written (entire SCS questionnaire) which takes ADDRESSES: Submit comments by any of comments and suggestions from the an estimated 17 minutes (0.28 hours) to the following methods: public and affected agencies concerning complete. The remaining 13% or 939 Electronically: You may submit the proposed collection of information SCS respondents are expected to comments and attachments are encouraged. Your comments should complete the short interview (i.e. will be electronically at: https:// address one or more of the following screened out for not being in school), www.regulations.gov, which is the four points: which takes an estimated 2 minutes Federal eRulemaking Portal. Follow the —Evaluate whether the proposed (0.03 hours) to complete. There are an instructions online for submitting collection of information is necessary estimated 1,728 annual burden hours comments. for the proper performance of the associated with this collection. Docket: To read or download functions of the Bureau of Justice Respondents will be asked to respond to comments or other material in the Statistics, including whether the this survey only once during the six- docket, go to http:// information will have practical utility; month period. The burden estimates are www.regulations.gov. Documents in the —Evaluate the accuracy of the agency’s based on data from the prior docket are listed in the http:// estimate of the burden of the administration of the SCS. www.regulations.gov index; however, proposed collection of information, 6. An estimate of the total public some information (e.g., copyrighted including the validity of the burden (in hours) associated with the material) is not publicly available to methodology and assumptions used; collection: There are an estimated 1,728 read or download through the website. —Evaluate whether and if so how the total burden hours associated with this All submissions, including copyrighted quality, utility, and clarity of the information collection. material, are available for inspection information to be collected can be If additional information is required, through the OSHA Docket Office. enhanced; and contact: Melody Braswell, Department Contact the OSHA Docket Office for —Minimize the burden of the collection Clearance Officer, United States assistance in locating docket of information on those who are to Department of Justice, Justice submissions. respond, including through the use of Management Division, Policy and Instructions: All submissions must appropriate automated, electronic, Planning Staff, Two Constitution include the agency name and the OSHA mechanical, or other technological Square, 145 N Street NE, 3E.405A, docket number for this Federal Register collection techniques or other forms Washington, DC 20530. notice (OSHA–2007–0043). OSHA will
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place comments and requests to speak, applying for expansion of the current TUVAM currently has seven facilities including personal information, in the recognition as a NRTL. TUVAM (sites) recognized by OSHA for product public docket, which may be available requests the addition of eighteen test testing and certification, with its online. Therefore, OSHA cautions standards to their NRTL scope of headquarters located at: TUV SUD interested parties about submitting recognition. America, Inc., 401 Edgewater Place, personal information such as Social OSHA recognition of a NRTL signifies Suite #500 Wakefield, Massachusetts Security numbers and birthdates. For that the organization meets the 01880. A complete list of TUVAM’s further information on submitting requirements specified in 29 CFR scope of recognition (including sites) comments, see the ‘‘Public 1910.7. Recognition is an recognized by OSHA is available at: Participation’’ heading in the section of acknowledgment that the organization https://www.osha.gov/dts/otpca/nrtl/ this notice titled SUPPLEMENTARY can perform independent safety testing tuvam.html. INFORMATION. and certification of the specific products II. General Background on the Extension of comment period: Submit covered within its scope of recognition. Applications requests for an extension of the Each NRTL’s scope of recognition comment period on or before July 19, includes (1) the type of products the TUVAM submitted an application, 2021 to the Office of Technical NRTL may test, with each type specified dated June 8, 2020 (OSHA–2007–0043– Programs and Coordination Activities, by its applicable test standard; and (2) 0036), to expand their recognition to Directorate of Technical Support and the recognized site(s) that has/have the include six additional test standards. Emergency Management, Occupational technical capability to perform the OSHA staff performed detailed analysis Safety and Health Administration, U.S. product-testing and product- of the application packet and reviewed Department of Labor, 200 Constitution certification activities for test standards other pertinent information. OSHA did Avenue NW, Room N–3655, within the NRTL’s scope. Recognition is not perform any on-site reviews in Washington, DC 20210, or by fax to not a delegation or grant of government relation to this application. (202) 693–1644. authority; however, recognition enables Additionally, TUVAM submitted an employers to use products approved by FOR FURTHER INFORMATION CONTACT: application on May 19, 2015 (OSHA– the NRTL to meet OSHA standards that 2007–0043–0020) to expand their Information regarding this notice is require product testing and certification. available from the following sources: The agency processes an application recognition to include two additional Press inquiries: Contact Mr. Frank by a NRTL for initial recognition and for recognized test sites and twelve Meilinger, Director, OSHA Office of an expansion or renewal of this additional test standards. Due to an Communications, U.S. Department of recognition, following requirements in error, OSHA published preliminary and Labor by phone (202) 693–1999 or email Appendix A, 29 CFR 1910.7. This final Federal Register notices (82 FR [email protected]. appendix requires that the agency 13143, March 9, 2017; 82 FR 28359, General and technical information: publish two notices in the Federal June 21, 2017) announcing the Contact Mr. Kevin Robinson, Director, Register in processing an application. In application and grant of expansion for Office of Technical Programs and the first notice, OSHA announces the the two recognized test sites, but not the Coordination Activities, Directorate of application and provides its preliminary twelve test standards. Those twelve Technical Support and Emergency finding. In the second notice, the agency standards are included in this notice. Management, Occupational Safety and provides the final decision on the The expansion announced in this notice Health Administration, U.S. Department application. These notices set forth the will cover eighteen standards, including of Labor by phone (202) 693–2110 or NRTL’s scope of recognition or one which OSHA proposes to add to the email [email protected]. modifications of that scope. OSHA NRTL Program’s List of Appropriate SUPPLEMENTARY INFORMATION: maintains an informational web page for Test Standards. each NRTL, including TUVAM, which Table 1 below lists the appropriate I. Notice of the Applications for details the NRTL’s scope of recognition. test standards found in TUVAM’s Expansion These pages are available from the applications for expansion for testing OSHA is providing notice that TUV OSHA website at: http://www.osha.gov/ and certification of products under the SUD America, Inc. (TUVAM) is dts/otpca/nrtl/index.html. NRTL Program.
TABLE 1—PROPOSED LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN TUVAM’S NRTL SCOPE OF RECOGNITION
Test standard Test standard title
*UL 347A ...... Medium Voltage Power Conversion Equipment. UL 1004–1 ...... Rotating Electrical Machines—General Requirements. UL 2594 ...... Standard for Electric Vehicle Supply Management. UL 61010–2–030 ...... Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–030: Particular Requirements for Testing and Measuring Circuits. UL 61010–2–81 ...... Standard for Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 2– 081: Particular Requirements for Automatic and Semi-Automatic Laboratory Equipment for Analysis and Other Pur- poses. UL 61010–2–101 ...... Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–101: Particular Requirements for In Vitro Diagnostic (IVD) Medical Equipment. UL 122 ...... Photographic Equipment. UL 153 ...... Portable Electric Luminaires. UL 429 ...... Electrically Operated Valves. UL 1776 ...... High-Pressure Cleaning Machines. UL 60730–1A ...... Automatic Electrical Controls for Household and Similar Use; Part 1: General Requirements. UL 60730–2–7 ...... Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Timers and Time Switches.
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TABLE 1—PROPOSED LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN TUVAM’S NRTL SCOPE OF RECOGNITION—Continued
Test standard Test standard title
UL 60730–2–10A ...... Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Motor Starting Re- lays. UL 60730–2–11A ...... Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Energy Regulators. UL 60730–2–12A ...... Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Electrically Oper- ated Door Locks. UL 60730–2–13A ...... Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Humidity Sensing Controls. UL 60730–2–14 ...... Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Electric Actuators. UL 60730–2–16A ...... Automatic Electrical Controls for Household and Similar Use; Part 2: Particular Requirements for Automatic Electrical Water Level Controls. * Represents Test Standard new to the NRTL Program.
III. Proposal To Add New Test operational performance specifications). the test standard is for a particular type Standards to the NRTL Program’s List OSHA becomes aware of new test of product that another test standard of Appropriate Test Standards standards through various avenues. For also covers or it covers a type of product Periodically, OSHA will propose to example, OSHA may become aware of that no standard previously covered. add new test standards to the NRTL list new test standards by: (1) Monitoring In this notice, OSHA proposes to add of appropriate test standards following notifications issued by certain one new test standard to the NRTL an evaluation of the test standard Standards Development Organizations; Program’s list of appropriate test document. To qualify as an appropriate (2) reviewing applications by NRTLs or standards. Table 2, below, lists the test test standard, the agency evaluates the applicants seeking recognition to standard that is new to the NRTL document to: (1) Verify it represents a include new test standard in their Program. OSHA preliminarily product category for which OSHA scopes of recognition; and (3) obtaining determined that this test standard is requires certification by a NRTL; (2) notification from manufacturers, appropriate and proposes to include it verify the document represents a manufacturing organizations, in the NRTL Program’s list of product and not a component; and (3) government agencies, or other parties. appropriate test standards. OSHA seeks verify the document defines safety test OSHA may determine to include a new public comment on this preliminary specifications (not installation or test standard in the list, for example, if determination.
TABLE 2—STANDARD OSHA IS PROPOSING TO ADD TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS
Test standard Test standard title
UL 347A ...... Medium Voltage Power Conversion Equipment.
III. Preliminary Findings on the any extension to 10 days unless the OSHA will publish a public notice of Applications requester justifies a longer period. its final decision in the Federal TUVAM submitted acceptable OSHA may deny a request for an Register. extension if the request is not applications for expansion of the NRTL IV. Authority and Signature scope of recognition. OSHA’s review of adequately justified. To obtain or review the application files, and pertinent copies of the exhibits identified in this James S. Frederick, Acting Assistant documentation, indicate that TUVAM notice, as well as comments submitted Secretary of Labor for Occupational can meet the requirements prescribed by to the docket, contact the Docket Office, Safety and Health, 200 Constitution 29 CFR 1910.7 for expanding their at the above address. These materials Avenue NW, Washington, DC 20210, recognition to include the addition of also are available online at http:// authorized the preparation of this the eighteen test standards for NRTL www.regulations.gov under Docket notice. Accordingly, the agency is testing and certification listed above. No.OSHA–2007–0043. issuing this notice pursuant to Section This preliminary finding does not OSHA staff will review all comments 29 U.S.C. 657(g)(2), Secretary of Labor’s constitute an interim or temporary Order No. 8–2020 (85 FR 58393; Sept. approval of TUVAM’s applications. to the docket submitted in a timely OSHA welcomes public comment as manner and, after addressing the issues 18, 2020), and 29 CFR 1910.7. to whether TUVAM meets the raised by these comments, will make a Signed at Washington, DC, on June 25, requirements of 29 CFR 1910.7 for recommendation to the Assistant 2021. expansion of their recognition as a Secretary for Occupational Safety and James S. Frederick, Health as to whether to grant TUVAM’s NRTL. Comments should consist of Acting Assistant Secretary of Labor for applications for expansion of the scope pertinent written documents and Occupational Safety and Health. of recognition. The Assistant Secretary exhibits. Commenters needing more [FR Doc. 2021–14143 Filed 7–1–21; 8:45 am] time to comment must submit a request will make the final decision on granting in writing, stating the reasons for the the applications. In making this BILLING CODE 4510–26–P request. Commenters must submit the decision, the Assistant Secretary may written request for an extension by the undertake other proceedings prescribed due date for comments. OSHA will limit in Appendix A to 29 CFR 1910.7.
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LEGAL SERVICES CORPORATION 3. Public comment regarding Fiscal Year SUMMARY: The Office of Management 2023 budget request and Budget (OMB) seeks public Sunshine Act Meeting Notice 4. Consider and act on Fiscal Year 2023 comment on the advisability of adopting Budget Request, Resolution 2021– the proposed North American Industry TIME AND DATE: The Legal Services XXX Classification System (NAICS) updates Corporation’s (LSC) Board Finance 5. Public comment on other matters for 2022 recommended by its Economic Committee will meet remotely on 6. Consider and act on other business Classification Policy Committee (ECPC), Tuesday, July 13, 2021. The meeting 7. Consider and act on adjournment of which comprises representatives of the will commence at 4:00 p.m. EDT, meeting Bureau of Economic Analysis, Bureau of continuing until the conclusion of the CONTACT PERSON FOR INFORMATION: Labor Statistics, U.S. Census Bureau, Committee’s agenda. Jessica Wechter, Board Relations and other government agencies. The LOCATION: PUBLIC NOTICE OF Coordinator, (202) 295–1626. Questions ECPC recommends an update of the _ VIRTUAL REMOTE MEETING may be sent by electronic mail to FR industry classification system to clarify _ LSC will conduct the July 13, 2021 NOTICE [email protected]. existing industry definitions and meeting virtually via ZOOM. Accessibility: LSC complies with the content, recognize new and emerging Public Observation: Unless otherwise Americans with Disabilities Act and industries, combine industries, and noted herein, the Finance Committee Section 504 of the 1973 Rehabilitation correct errors and omissions. The ECPC meeting will be open to public Act. Upon request, meeting notices and also recommends an update of OMB observation. Members of the public who materials will be made available in Statistical Policy Directive No. 8, wish to participate virtually may do so alternative formats to accommodate Standard Industrial Classification of by following the directions provided individuals with disabilities. Establishments, and to withdraw OMB below. Individuals needing other Statistical Policy Directive No. 9, Directions for Open Sessions: accommodations due to disability in • Standard Industrial Classification of To join the Zoom meeting by order to attend the meeting in person or Enterprises. In large part, this proposed computer, please click this link. telephonically should contact Jessica series of revisions are designed to Æ https://lsc-gov.zoom.us/j/ Wechter at (202) 295–1626 or FR_ _ address the view of the ECPC regarding 96972642737? NOTICE [email protected], at least the decreasing usefulness of employing pwd=TmFKemtJYnl0ZUpK two business days in advance of the the mode of delivery (online versus in cEhaUkNiWnRIUT09 meeting. If a request is made without Æ store/print) as an industry delineation Meeting ID: 969 7264 2737 advance notice, LSC will make every criterion in the Wholesale Trade, Retail Æ Passcode: 166176 effort to accommodate the request but Trade, and Information sectors. In short, • To join the Zoom meeting with one cannot guarantee that all requests can be the internet has developed from a tap from your mobile phone, please fulfilled. specialized activity to a generic method click dial: Dated: June 30, 2021. of delivery for goods and services. Æ +13017158592,,96972642737# US Stefanie Davis, Therefore, the ECPC has developed (Washington, DC) Senior Assistant General Counsel. recommendations that reevaluate and Æ +16468769923,,96972642737# US [FR Doc. 2021–14331 Filed 6–30–21; 11:15 am] deemphasize the delivery method as an (New York) BILLING CODE 7050–01–P industry function used in NAICS • To join the Zoom meeting by classification. There are four parts in the telephone, please dial one of the SUPPLEMENTARY INFORMATION section following numbers: OFFICE OF MANAGEMENT AND below. Part I summarizes the Æ +1 301 715 8592 US (Washington DC) BUDGET background for the proposed revisions Æ +1 646 876 9923 US (New York) to NAICS 2017. Part II contains a Æ +1 312 626 6799 US (Chicago) North American Industry Classification summary of public comments regarding Æ +1 669 900 6833 US (San Jose) System (NAICS) Updates for 2022; priorities for changes to NAICS in 2022, Æ +1 253 215 8782 US (Tacoma) Update of Statistical Policy Directive the ECPC recommendation to update Æ +1 346 248 7799 US (Houston) No. 8, Standard Industrial OMB Statistical Policy Directive No. 8, Æ +1 408 638 0968 US (San Jose) Classification of Establishments; and Standard Industrial Classification of Æ Meeting ID: 969 7264 2737 Elimination of Statistical Policy Establishments, and the ECPC Æ Find your local number: https://lsc- Directive No. 9, Standard Industrial recommendation to withdraw OMB gov.zoom.us/u/ahcIQMXIN Classification of Enterprises Statistical Policy Directive No. 9, • Once connected to the Zoom Standard Industrial Classification of AGENCY: meeting, please immediately ‘‘MUTE’’ Office of Information and Enterprises. Part III includes a list of your telephone/computer microphone. Regulatory Affairs, Office of title changes for NAICS industries that • Members of the public are asked to Management and Budget, Executive clarify, but do not change, the existing keep their telephones muted to Office of the President. content of the industries. Part IV eliminate background noises. To avoid ACTION: Notice of Solicitation of provides a comprehensive listing of disrupting the meeting, please refrain Comments on the Economic proposed changes for national from placing the call on hold if doing so Classification Policy Committee’s industries and their links to NAICS will trigger recorded music or other Recommendations for the 2022 Revision 2017 industries. of the North American Industry sound. From time to time, the Chair may DATES: To ensure consideration of Classification System; Update of solicit comments from the public. comments on the adoption and Statistical Policy Directive No. 8, STATUS OF MEETING: Open. implementation of the NAICS revisions Standard Industrial Classification of MATTERS TO BE CONSIDERED: detailed in this notice, please submit all Establishments; and Elimination of 1. Approval of meeting agenda comments in writing as soon as Statistical Policy Directive No. 9, 2. Approval of minutes of Finance possible, but no later than 45 days from Standard Industrial Classification of Committee’s meeting on June 10, the publication date of this notice. Enterprises. 2021 Because of delays in the receipt of
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regular mail related to security final changes to NAICS for 2022 locations) by type of economic activity. screening, respondents are encouraged resulting from this notice in the Federal Its purposes are: (1) To facilitate the to send comments electronically (see Register. collection, tabulation, presentation, and ADDRESSES, below). This proposed FOR FURTHER INFORMATION CONTACT: For analysis of data relating to revision to NAICS would become information about this request for establishments, and (2) to promote effective in the U.S. for publication of comments, contact Kerrie Leslie, Office uniformity and comparability in the establishment data that refer to periods of Management and Budget, 9215 New presentation and analysis of statistical beginning on or after January 1, 2022. Executive Office Building, 725 17th St. data describing the North American ADDRESSES: Submit comments through NW, Washington, DC 20503, telephone economy. Federal statistical agencies www.regulations.gov—a Federal E- (202) 395–1093. use NAICS to collect and/or publish Government website that allows the NAICS classification staff may be data by industry. It is also widely used public to find, review, and submit reached by email at econ.naics2022@ by State agencies, trade associations, comments on documents that agencies census.gov. Please note: Communication private businesses, and other have published in the Federal Register through this email will not be included organizations. and that are open for comment. Enter in the record for USBC–2021–0004. Mexico’s Instituto Nacional de ´ ´ ‘‘USBC–2021–0004’’ (in quotes) in the Comments should be submitted through Estadıstica y Geografıa (INEGI), search box and follow the instructions www.regulations.gov, as described in Statistics Canada, and the United States for submitting comments. Comments the ADDRESSES section above. Office of Management and Budget received by the date specified above SUPPLEMENTARY INFORMATION: OMB (OMB), through the ECPC, collaborated on NAICS to make the industry statistics will be included as part of the official published a notification of intention to produced by the three countries record. Please include the Docket ID revise portions of NAICS in a February comparable. NAICS is the first industry (USBC–2021–0004) and the phrase 26, 2020, Federal Register notice (85 FR classification system developed in ‘‘North American Industry Classification 11120–11124). That notice solicited accordance with a single principle of System (NAICS)—Updates for 2022’’ at comments on the advisability of revising aggregation, i.e., producing units that the beginning of your comments. Please the NAICS 2017 structure for 2022: (1) use similar production processes should also indicate which ECPC To identify new and emerging be grouped together in the classification. recommendation described in the industries, (2) to solicit comments on the NAICS treatment of Electronic NAICS also reflects changes in SUPPLEMENTARY INFORMATION of this technology and in the growth and notice is addressed in your comments. Shopping in Retail Trade, (3) to solicit comments on the concept of internet diversification of services in recent Comments submitted in response to decades. Industry statistics presented this notice may be made available to the Publishing and Broadcasting and the potential to eliminate the industry in using NAICS 2017 are extensively public and subject to disclosure under comparable with statistics compiled the Freedom of Information Act. For this NAICS 2022, (4) to solicit comments on a proposed revision to OMB’s Statistical according to the latest revision of the reason, please do not include in your United Nations’ International Standard comments information of a confidential Policy Directive No. 8, Standard Industrial Classification of Industrial Classification of All nature, such as sensitive personal Economic Activities (ISIC, Revision 4). information or proprietary information. Establishments, (5) to solicit comments on the advisability of withdrawing OMB For these three countries, NAICS If you send an email comment, your provides a consistent framework for the email address will be automatically Statistical Policy Directive No. 9, Standard Industrial Classification of collection, tabulation, presentation, and captured and included as part of the analysis of industry statistics used by comment that is placed in the public Enterprises, and (6) to make required changes for errors and omissions in government policy analysts, by docket; however, www.regulations.gov academics and researchers, by the does include the option of commenting NAICS 2017. The deadline for submitting comments was April 27, business community, and by the public. anonymously. Please note that Please note that NAICS is designed and responses to this public comment 2020. After considering all proposals from maintained solely for statistical request containing any routine notice the public, consulting with U.S. data purposes to improve and keep current about the confidentiality of the users and industry groups, and this Federal statistical standard. communication will be treated as public undertaking extensive discussions with Consequently, although the comments that may be made available to Statistics Canada and Mexico’s Instituto classification may also be used for the public notwithstanding the Nacional de Estadı´stica y Geografı´a various nonstatistical purposes (e.g., for inclusion of the routine notice. (INEGI), the ECPC recommends that administrative, regulatory, or taxation Electronic Availability: Federal NAICS United States 2022 incorporate functions), the requirements of Register notices are available changes as shown in Parts III and IV of government agencies or private users electronically at this notice. that choose to use NAICS for www.federalregister.gov/. This Following a thorough process of nonstatistical purposes play no role in document is also available on the development and discussions by the its development or revision. NAICS website at www.census.gov/ ECPC, with maximum possible public Four principles that guide NAICS naics. This site contains previous input, OMB seeks comment on the development are: NAICS United States Federal Register advisability of revising NAICS to (1) NAICS is erected on a production- notices, ECPC Issues Papers, ECPC incorporate the changes published in oriented conceptual framework. This Reports, the structures, industry this notice. The revised NAICS would means that producing units that use the definitions, and related documents for be employed in relevant data collections same or similar production processes previous versions of NAICS United by all U.S. statistical agencies beginning are grouped together in NAICS. States. with reference year 2022. (2) NAICS gives special attention to Public Review Procedure: All developing production-oriented comments and proposals received in I: Background of NAICS classifications for (a) new and emerging response to this notice will be available NAICS is a system for classifying industries, (b) service industries in for public inspection. OMB will publish establishments (individual business general, and (c) industries engaged in
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the production of advanced Classification of All Economic Activities of NAICS in 2022 was directly tied to technologies. (ISIC, Rev. 4) of the United Nations. the application of these four NAICS (3) Time series continuity is The ECPC is committed to principles. maintained to the extent possible. maintaining the principles of NAICS NAICS uses a hierarchical structure to (4) The system strives for during revisions. The February 26, 2020, classify establishments from the compatibility with the two-digit level of solicitation for public comment on broadest level to the most detailed level the International Standard Industrial questions related to a potential revision using the following format:
Sector ...... 2-digit ...... Sectors represent the highest level of aggregation. There are 20 sectors in NAICS. Subsector ...... 3-digit ...... Subsectors represent the next, more detailed level of aggregation. There are 99 subsectors in NAICS 2017. Industry Group ...... 4-digit ...... Industry groups are more detailed than subsectors. There are 311 industry groups in NAICS 2017. NAICS Industry ...... 5-digit ...... NAICS industries, in most cases, represent the lowest level of three-country comparability. There are 709 five-digit industries in NAICS 2017. National Industry ...... 6-digit ...... National industries are the most detailed level and represent the national level detail. There are 1,057 national industries in NAICS United States 2017.
To ensure the accuracy, timeliness, II: Summary of Public Comments supported by the guiding principles of and relevance of the classification, Regarding Priorities for Changes to NAICS; and NAICS is reviewed every five years to NAICS in 2022; Summary of ECPC (3) The ECPC will make changes to determine what, if any, changes are Recommendations for Online Industries account for errors and omissions as well required. The 2022 revision will be the in the Wholesale Trade, Retail Trade, as recommend narrative improvements fifth since OMB adopted NAICS in and Information Sectors; Update of to clarify the content of existing 1997. The ECPC recognizes the costs Statistical Policy Directive No. 8, industries. involved when implementing industry Standard Industrial Classification of The ECPC also considered the views classification revisions in statistical Establishments; and Elimination of of its member agencies when evaluating programs and the costs for data users Statistical Policy Directive No. 9, specific proposals for changes to NAICS Standard Industrial Classification of when there are disruptions in the in 2022. The ECPC reviewed each Enterprises availability of data. The ECPC also individual proposal within the existing recognizes the economic, statistical, and A. Summary of Public Comments framework of the principles of NAICS. policy implications that arise when the Regarding Priorities for Changes to Additional considerations that resulted industry classification system does not NAICS in 2022 in recommendations for or against change included issues of relevance, identify and account for important The February 26, 2020, Federal size, and time series continuity. economic developments. Balancing the Register notice sought comments from costs of change against the potential for the public specifically on the continued The ECPC received a wide ranging and eclectic set of suggestions in more accurate and relevant economic usefulness of the mode of delivery response to this solicitation. Single statistics requires significant input from (online versus in store/print) as an submissions often addressed more than data producers, data providers, and data industry delineation criterion in one issue, and many submissions users. addition to comments on new and emerging industries and the proposed addressed common issues. Of the 63 In large part, this proposed revision update of Statistical Policy Directive No. uniquely numbered submissions addresses the decreasing usefulness of 8 and proposed elimination of received in response to the Federal employing the mode of delivery (online Statistical Policy Directive No. 9. These Register notice, most submissions versus in store/print) as an industry focus areas were highlighted in Parts II– responded with ideas for new or delineation criterion in the Wholesale VII of that notice. emerging industries or changes to Trade, Retail Trade, and Information In response to the February 26, 2020, existing industries to reflect new or sectors. Section II.B Summary of ECPC notice, the ECPC received 63 individual emerging issues within the industries: Recommendations for Online Industries submissions. Each submission was 14 supported a new sector for in the Wholesale Trade, Retail Trade, assigned a unique docket number. These remanufacturing industries, or, and Information Sectors below describes 63 submissions addressed the focus alternatively, new industries for the ECPC recommendations in more areas included in Parts II–VII of the remanufacturing; three requested detail. February 26, 2020, notice and/or changes for early child care and included comments proposing other education; two requested revisions to changes to NAICS 2017. better reflect the bioeconomy and The ECPC applied the following biobased products; two requested a new general guidance when considering industry for compost manufacturing; changes to NAICS in 2022: two supported new vegan industries; (1) Because of the cost of change and two requested a new industry for the disruption of statistical data series construction specifications consulting; that have already resulted from the and two requested a new industry group ongoing implementation of NAICS, the for farm supply retailers. Single ECPC will limit the scope of NAICS comments requested various new changes for 2022 to those that industries or clarifications within significantly improve the relevance and existing industries, including aerial efficiency of the classification system; wildland firefighting, interior (2) The ECPC will recommend new demolition, audio visual services, and emerging industries identified refrigerant handling and management, through the comment process that are agents for wireless telecommunications
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services, background screening, an industry delineation, with two (3) Information restaurant breweries, rideshare services, generally in favor and one against. The For the Information sector, given the and pharmacy benefit management. A ECPC notes that the internet has increasing prevalence of internet as a few comments responded about the developed from a specialized activity to generic method of delivery for continued usefulness of mode of a generic method of delivery for goods publishing and broadcasting, the ECPC delivery (online versus in store/print) as and services. The use of the internet as recommends moving away from an an industry delineation: Three a separate production function when internet-only distinction within this addressed the current treatment of defining industries in NAICS is sector as well by eliminating NAICS electronic shopping in NAICS with two problematic and requires reevaluation Industry 519130, Internet Publishing in favor of some kind of change and one as internet usage has permeated the and Broadcasting and Web Search against. The balance of the comments economy. With this in mind, after a Portals, and identified long-term declines in the size technical review and consideration of (a) combining Subsector 511, of existing industries as justification for the submitted comments, the ECPC Publishing Industries (except internet) industry combinations in the Mining, recommends related changes for NAICS with internet-only publishing to create Manufacturing, Wholesale Trade, Retail 2022 that apply specifically to the Subsector 513, Publishing Industries, Trade, Finance and Insurance, and Wholesale Trade, Retail Trade, and and retaining the structure of Subsector Other Services (Except Public Information sectors. The relevant ECPC 511; Administration) sectors. No comments recommendations follow by sector: were received on the proposed update (b) combining Subsector 515, to Statistical Policy Directive No. 8 or (1) Wholesale Trade Broadcasting (except internet) with the elimination of Statistical Policy internet-only broadcasting and news Directive No. 9. For the Wholesale Trade sector, the syndicates, formerly in Subsector 519, Each suggestion was carefully ECPC recommends eliminating NAICS to create Subsector 516, Broadcasting considered. Some suggestions were Industry 425110, Business to Business and Content Providers, with a 4-digit recommended for adoption but Electronic Markets. With this change, industry group for Radio and Television modified by the ECPC to better meet the Subsector 425 and Industry Group 4251 Broadcasting Stations, based on the objectives of NAICS. Based on public would be renamed to ‘‘Wholesale Trade production process of owning comments, the ECPC is recommending Agents and Brokers.’’ Given the minimal infrastructure and controlling the use of industry definition changes to explicitly impact of combining NAICS Industries public spectrum, and a second 4-digit classify certain activities and more 425110 and 425120, Wholesale Trade industry group for Media Streaming clearly match accepted industry Agents and Brokers, the ECPC does not Distribution Services, Social Networks, terminology. Some suggestions were recommend changes to codes or titles and Other Media Networks and Content recommended to be incorporated as for NAICS Industries 42512 and 425120. Providers; and products rather than industries. Other (c) retaining web search portals in suggestions for change were not suited (2) Retail Trade Subsector 519, Other Information Services, retitled to Web Search Portals, to the production-oriented basis of For the Retail Trade sector, given the Libraries, Archives, and Other NAICS or could not be implemented in increasing prevalence of omni-channel Information Services. statistical programs, for various reasons, distribution and variations in reporting and thus were not accepted. When a patterns, the ECPC recommends C. Update of Statistical Policy Directive proposal was not accepted, it was eliminating the store/nonstore No. 8, Standard Industrial Classification usually because: (a) The resulting distinction. Subsector 454, Nonstore of Establishments industry would have been too small in Retailers, includes industries for The ECPC recommends updating the the U.S., or (b) the proposal did not electronic shopping and mail-order meet the production-oriented criterion text of Statistical Policy Directive No. 8, houses, vending machine operators, fuel for forming an industry in NAICS. Standard Industrial Classification of dealers, and other direct selling Detailed supporting documentation Establishments, using the language establishments. In the proposed NAICS discussing the issues and rationale for proposed in the February 26, 2020, 2022 structure for the sector, electronic reaching these recommendations is Federal Register notice. No public shopping, mail-order houses, and other available at www.census.gov/naics, and comments submitted in response to the Section II parts B–D below describe the direct selling establishments would be February 26, 2020, Federal Register ECPC recommendations to address the distributed throughout the new notice offered views on this proposed specific focus areas from the February structure in the same way as retail update. OMB adopted NAICS as the 26, 2020, Federal Register notice: stores, delineated by specialized broad replacement for the Standard Industrial Continued usefulness of mode of product lines, such as groceries, Classification (SIC) for statistical delivery (online versus in store/print) as apparel, hardware, etc. versus general purposes in 1997 (62 FR 17288–17337). merchandise. Vending machine an industry delineation, proposed D. Elimination of Statistical Policy update to Statistical Policy Directive No. operators would be retained as a 6-digit industry and combined with Directive No. 9, Standard Industrial 8, and proposed elimination to Classification of Enterprises Statistical Policy Directive No. 9. convenience retailers in a 5-digit industry for Convenience Retailers and The ECPC recommends eliminating B. Summary of ECPC Recommendations Vending Machine Operators, included Statistical Policy Directive No. 9, for Online Industries in the Wholesale in the industry group for Grocery and Standard Industrial Classification of Trade, Retail Trade, and Information Convenience Retailers, and in the Enterprises. OMB presented the Sectors subsector for Food and Beverage Enterprise Standard Industrial The ECPC received only three Retailers. Fuel dealers would be Classification of Enterprises in 1974. comments in response to the February retained as 5- and 6-digit industries The classification is static and has not 26, 2020, Federal Register notice related within the industry group for Fuel been updated or widely adopted over to the continued usefulness of mode of Dealers, grouped with gasoline stations the past 45 years. NAICS United States delivery (online versus in store/print) as at the subsector level. does not include a similar variant for
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classification of enterprises. No public NAICS 44412, Paint and Wallpaper Providers, Data Processing, Web comments submitted in response to the Stores, would be changed to ‘‘Paint and Hosting, and Related Services.’’ February 26, 2020, Federal Register Wallpaper Retailers.’’ NAICS 518210, Data Processing, notice offered views on this proposed NAICS 444120, Paint and Wallpaper Hosting, and Related Services, would be elimination. Stores, would be changed to ‘‘Paint and changed to ‘‘Computing Infrastructure Wallpaper Retailers.’’ Providers, Data Processing, Web III: ECPC Recommendations for Title NAICS 44511, Supermarkets and Hosting, and Related Services.’’ Changes Other Grocery (except Convenience) NAICS 524292, Third Party Based on a technical review of the Stores, would be changed to Administration of Insurance and titles, in response to some comments ‘‘Supermarkets and Other Grocery Pension Funds, would be changed to submitted describing a lack of clarity, Retailers (except Convenience ‘‘Pharmacy Benefit Management and and for consistency with the ECPC Retailers).’’ Other Third Party Administration of recommendations to make changes to NAICS 445110, Supermarkets and Insurance and Pension Funds.’’ industries to deemphasize mode of Other Grocery (except Convenience) NAICS 54138, Testing Laboratories, delivery (online versus in store/print) as Stores, would be changed to would be changed to ‘‘Testing a delineation, the ECPC recommends ‘‘Supermarkets and Other Grocery Laboratories and Services.’’ the following NAICS subsector, industry Retailers (except Convenience NAICS 541380, Testing Laboratories, group, and industry title changes to Retailers).’’ would be changed to ‘‘Testing more clearly describe the existing NAICS 44523, Fruit and Vegetable Laboratories and Services.’’ content. Markets, would be changed to ‘‘Fruit NAICS 54185, Outdoor Advertising, and Vegetable Retailers.’’ would be changed to ‘‘Indoor and NAICS 311221, Wet Corn Milling, NAICS 445230, Fruit and Vegetable Outdoor Display Advertising.’’ would be changed to ‘‘Wet Corn Milling Markets, would be changed to ‘‘Fruit NAICS 541850, Outdoor Advertising, and Starch Manufacturing.’’ and Vegetable Retailers.’’ NAICS 32531, Fertilizer NAICS 44529, Other Specialty Food would be changed to ‘‘Indoor and Manufacturing, would be changed to Stores, would be changed to ‘‘Other Outdoor Display Advertising.’’ ‘‘Fertilizer and Compost Specialty Food Retailers.’’ NAICS 561611, Investigation Services, Manufacturing.’’ NAICS 445291, Baked Goods Stores, would be changed to ‘‘Investigation and NAICS 325992, Photographic Film, would be changed to ‘‘Baked Goods Personal Background Check Services.’’ Paper, Plate, and Chemical Retailers.’’ NAICS Industry Group 6244, Child Manufacturing, would be changed to NAICS 445292, Confectionery and Day Care Services, would be changed to ‘‘Photographic Film, Paper, Plate, Nut Stores, would be changed to ‘‘Child Care Services.’’ Chemical, and Copy Toner ‘‘Confectionery and Nut Retailers.’’ NAICS 62441, Child Day Care Manufacturing.’’ NAICS 48531, Taxi Service, would be Services, would be changed to ‘‘Child Care Services.’’ NAICS 42494, Tobacco and Tobacco changed to ‘‘Taxi and Ridesharing NAICS 624410, Child Day Care Product Merchant Wholesalers, would Services.’’ Services, would be changed to ‘‘Child be changed to ‘‘Tobacco Product and NAICS 485310, Taxi Service, would Care Services.’’ Electronic Cigarette Merchant be changed to ‘‘Taxi and Ridesharing Wholesalers.’’ Services.’’ IV: ECPC Recommendations for 2022 NAICS Subsector 518, Data Changes to NAICS United States 2017 NAICS 424940, Tobacco and Tobacco Processing, Hosting, and Related Product Merchant Wholesalers, would Services, would be changed to Part IV presents the ECPC be changed to ‘‘Tobacco Product and ‘‘Computing Infrastructure Providers, recommendations for content revisions Electronic Cigarette Merchant Data Processing, Web Hosting, and to NAICS United States for 2022. Table Wholesalers.’’ Related Services.’’ 1 lists, in NAICS United States 2017 NAICS Subsector 425, Wholesale NAICS Industry Group 5182, Data order, the disposition of all industries Electronic Markets and Agents and Processing, Hosting, and Related that the ECPC recommends for change Brokers, would be changed to Services, would be changed to and their resulting relationship to ‘‘Wholesale Trade Agents and Brokers.’’ ‘‘Computing Infrastructure Providers, NAICS United States 2022 proposed NAICS Industry Group 4251, Data Processing, Web Hosting, and industries. Table 2 presents the ECPC Wholesale Electronic Markets and Related Services.’’ recommended NAICS 2022 industries in Agents and Brokers, would be changed NAICS 51821, Data Processing, proposed NAICS United States 2022 to ‘‘Wholesale Trade Agents and Hosting, and Related Services, would be order, cross-walked to their NAICS Brokers.’’ changed to ‘‘Computing Infrastructure United States 2017 content.
TABLE 1—2017 NAICS UNITED STATES MATCHED TO ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES
2017 NAICS 2017 NAICS Status 2022 NAICS 2022 NAICS code description code code description
212111 ...... Bituminous Coal and Lignite Surface Mining ..... pt. 212114 ...... Surface Coal Mining. 212112 ...... Bituminous Coal Underground Mining ...... pt. 212115 ...... Underground Coal Mining. 212113 ...... Anthracite Mining: anthracite surface mining ...... pt. 212114 ...... Surface Coal Mining. anthracite underground mining ...... pt. 212115 ...... Underground Coal Mining. 212221 ...... Gold Ore Mining ...... pt. 212220 ...... Gold Ore and Silver Ore Mining. 212222 ...... Silver Ore Mining ...... pt. 212220 ...... Gold Ore and Silver Ore Mining. 212291 ...... Uranium-Radium-Vanadium Ore Mining ...... pt. 212290 ...... Other Metal Ore Mining. 212299 ...... All Other Metal Ore Mining ...... pt. 212290 ...... Other Metal Ore Mining. 212324 ...... Kaolin and Ball Clay Mining ...... pt. 212323 ...... Kaolin, Clay, and Ceramic and Refractory Min- erals Mining.
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TABLE 1—2017 NAICS UNITED STATES MATCHED TO ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES— Continued
2017 NAICS 2017 NAICS Status 2022 NAICS 2022 NAICS code description code code description
212325 ...... Clay and Ceramic and Refractory Minerals Min- pt. 212323 ...... Kaolin, Clay, and Ceramic and Refractory Min- ing. erals Mining. 212391 ...... Potash, Soda, and Borate Mineral Mining ...... pt. 212390 ...... Other Nonmetallic Mineral Mining and Quar- rying. 212392 ...... Phosphate Rock Mining ...... pt. 212390 ...... Other Nonmetallic Mineral Mining and Quar- rying. 212393 ...... Other Chemical and Fertilizer Mineral Mining ... pt. 212390 ...... Other Nonmetallic Mineral Mining and Quar- rying. 212399 ...... All Other Nonmetallic Mineral Mining ...... pt. 212390 ...... Other Nonmetallic Mineral Mining and Quar- rying. 315110 ...... Hosiery and Sock Mills ...... pt. 315120 ...... Apparel Knitting Mills. 315190 ...... Other Apparel Knitting Mills ...... pt. 315120 ...... Apparel Knitting Mills. 315220 ...... Men’s and Boys’ Cut and Sew Apparel Manu- pt. 315250 ...... Cut and Sew Apparel Manufacturing (except facturing. Contractors). 315240 ...... Women’s, Girls’, and Infants’ Cut and Sew Ap- pt. 315250 ...... Cut and Sew Apparel Manufacturing (except parel Manufacturing. Contractors). 315280 ...... Other Cut and Sew Apparel Manufacturing ...... pt. 315250 ...... Cut and Sew Apparel Manufacturing (except Contractors). 316992 ...... Women’s Handbag and Purse Manufacturing... pt. 316990 ...... Other Leather and Allied Product Manufac- turing. 316998 ...... All Other Leather Good and Allied Product pt. 316990 ...... Other Leather and Allied Product Manufac- Manufacturing. turing. 321213 ...... Engineered Wood Member (except Truss) Man- pt. 321215 ...... Engineered Wood Member Manufacturing. ufacturing. 321214 ...... Truss Manufacturing ...... pt. 321215 ...... Engineered Wood Member Manufacturing. 322121 ...... Paper (except Newsprint) Mills ...... pt. 322120 ...... Paper Mills. 322122 ...... Newsprint Mills ...... pt. 322120 ...... Paper Mills. 325314 ...... Fertilizer (Mixing Only) Manufacturing: compost manufacturing ...... 325315 ...... Compost Manufacturing. except compost manufacturing ...... 325314 ...... Fertilizer (Mixing Only) Manufacturing. 333244 ...... Printing Machinery and Equipment Manufac- pt. 333248 ...... All Other Industrial Machinery Manufacturing. turing. 333249 ...... Other Industrial Machinery Manufacturing ...... pt. 333248 ...... All Other Industrial Machinery Manufacturing. 333314 ...... Optical Instrument and Lens Manufacturing ...... pt. 333310 ...... Commercial and Service Industry Machinery Manufacturing. 333316 ...... Photographic and Photocopying Equipment pt. 333310 ...... Commercial and Service Industry Machinery Manufacturing. Manufacturing. 333318 ...... Other Commercial and Service Industry Ma- pt. 333310 ...... Commercial and Service Industry Machinery chinery Manufacturing. Manufacturing. 333997 ...... Scale and Balance Manufacturing ...... pt. 333998 ...... All Other Miscellaneous General Purpose Ma- chinery Manufacturing. 333999 ...... All Other Miscellaneous General Purpose Ma- pt. 333998 ...... All Other Miscellaneous General Purpose Ma- chinery Manufacturing. chinery Manufacturing. 334613 ...... Blank Magnetic and Optical Recording Media pt. 334610 ...... Manufacturing and Reproducing Magnetic and Manufacturing. Optical Media. 334614 ...... Software and Other Prerecorded Compact pt. 334610 ...... Manufacturing and Reproducing Magnetic and Disc, Tape, and Record Reproducing. Optical Media. 335110 ...... Electric Lamp Bulb and Part Manufacturing ...... pt. 335139 ...... Electric Lamp Bulb and Other Lighting Equip- ment Manufacturing. 335121 ...... Residential Electric Lighting Fixture Manufac- 335131 ...... Residential Electric Lighting Fixture Manufac- turing. turing. 335122 ...... Commercial, Industrial, and Institutional Electric 335132 ...... Commercial, Industrial, and Institutional Electric Lighting Fixture Manufacturing. Lighting Fixture Manufacturing. 335129 ...... Other Lighting Equipment Manufacturing ...... pt. 335139 ...... Electric Lamp Bulb and Other Lighting Equip- ment Manufacturing. 335911 ...... Storage Battery Manufacturing ...... pt. 335910 ...... Battery Manufacturing. 335912 ...... Primary Battery Manufacturing ...... pt. 335910 ...... Battery Manufacturing. 336111 ...... Automobile Manufacturing ...... pt. 336110 ...... Automobile and Light Duty Motor Vehicle Man- ufacturing. 336112 ...... Light Truck and Utility Vehicle Manufacturing ... pt. 336110 ...... Automobile and Light Duty Motor Vehicle Man- ufacturing. 337124 ...... Metal Household Furniture Manufacturing ...... pt. 337126 ...... Household Furniture (except Wood and Uphol- stered) Manufacturing. 337125 ...... Household Furniture (except Wood and Metal) pt. 337126 ...... Household Furniture (except Wood and Uphol- Manufacturing. stered) Manufacturing. 424320 ...... Men’s and Boys’ Clothing and Furnishings Mer- pt. 424350 ...... Clothing and Clothing Accessories Merchant chant Wholesalers. Wholesalers. 424330 ...... Women’s, Children’s, and Infants’ Clothing and pt. 424350 ...... Clothing and Clothing Accessories Merchant Accessories Merchant Wholesalers. Wholesalers. 425110 ...... Business to Business Electronic Markets ...... pt. 425120 ...... Wholesale Trade Agents and Brokers.
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TABLE 1—2017 NAICS UNITED STATES MATCHED TO ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES— Continued
2017 NAICS 2017 NAICS Status 2022 NAICS 2022 NAICS code description code code description
425120 ...... Wholesale Trade Agents and Brokers ...... pt. 425120 ...... Wholesale Trade Agents and Brokers. 441228 ...... Motorcycle, ATV, and All Other Motor Vehicle pt. 441227 ...... Motorcycle, ATV, and All Other Motor Vehicle Dealers. Dealers. 441310 ...... Automotive Parts and Accessories Stores ...... pt. 441330 ...... Automotive Parts and Accessories Retailers. 441320 ...... Tire Dealers ...... pt. 441340 ...... Tire Dealers. 442110 ...... Furniture Stores ...... pt. 449110 ...... Furniture Retailers. 442210 ...... Floor Covering Stores ...... pt. 449121 ...... Floor Covering Retailers. 442291 ...... Window Treatment Stores ...... pt. 449122 ...... Window Treatment Retailers. 442299 ...... All Other Home Furnishings Stores ...... pt. 449129 ...... All Other Home Furnishings Retailers. 443141 ...... Household Appliance Stores ...... pt. 449210 ...... Electronics and Appliance Retailers. 443142 ...... Electronics Stores ...... pt. 449210 ...... Electronics and Appliance Retailers. 444130 ...... Hardware Stores ...... pt. 444140 ...... Hardware Retailers. 444190 ...... Other Building Material Dealers ...... pt. 444180 ...... Other Building Material Dealers. 444210 ...... Outdoor Power Equipment Stores ...... pt. 444230 ...... Outdoor Power Equipment Retailers. 444220 ...... Nursery, Garden Center, and Farm Supply pt. 444240 ...... Nursery, Garden Center, and Farm Supply Re- Stores. tailers. 445120 ...... Convenience Stores ...... pt. 445131 ...... Convenience Retailers. 445210 ...... Meat Markets ...... pt. 445240 ...... Meat Retailers. 445220 ...... Fish and Seafood Markets ...... pt. 445250 ...... Fish and Seafood Retailers. 445299 ...... All Other Specialty Food Stores ...... pt. 445298 ...... All Other Specialty Food Retailers. 445310 ...... Beer, Wine, and Liquor Stores ...... pt. 445320 ...... Beer, Wine, and Liquor Retailers. 446110 ...... Pharmacies and Drug Stores ...... pt. 456110 ...... Pharmacies and Drug Retailers. 446120 ...... Cosmetics, Beauty Supplies, and Perfume pt. 456120 ...... Cosmetics, Beauty Supplies, and Perfume Re- Stores. tailers. 446130 ...... Optical Goods Stores ...... pt. 456130 ...... Optical Goods Retailers. 446191 ...... Food (Health) Supplement Stores ...... pt. 456191 ...... Food (Health) Supplement Retailers. 446199 ...... All Other Health and Personal Care Stores ...... pt. 456199 ...... All Other Health and Personal Care Retailers. 447110 ...... Gasoline Stations with Convenience Stores ...... 457110 ...... Gasoline Stations with Convenience Stores. 447190 ...... Other Gasoline Stations ...... 457120 ...... Other Gasoline Stations. 448110 ...... Men’s Clothing Stores ...... pt. 458110 ...... Clothing and Clothing Accessories Retailers. 448120 ...... Women’s Clothing Stores ...... pt. 458110 ...... Clothing and Clothing Accessories Retailers. 448130 ...... Children’s and Infants’ Clothing Stores ...... pt. 458110 ...... Clothing and Clothing Accessories Retailers. 448140 ...... Family Clothing Stores ...... pt. 458110 ...... Clothing and Clothing Accessories Retailers. 448150 ...... Clothing Accessories Stores ...... pt. 458110 ...... Clothing and Clothing Accessories Retailers. 448190 ...... Other Clothing Stores ...... pt. 458110 ...... Clothing and Clothing Accessories Retailers. 448210 ...... Shoe Stores ...... pt. 458210 ...... Shoe Retailers. 448310 ...... Jewelry Stores ...... pt. 458310 ...... Jewelry Retailers. 448320 ...... Luggage and Leather Goods Stores ...... pt. 458320 ...... Luggage and Leather Goods Retailers. 451110 ...... Sporting Goods Stores ...... pt. 459110 ...... Sporting Goods Retailers. 451120 ...... Hobby, Toy, and Game Stores ...... pt. 459120 ...... Hobby, Toy, and Game Retailers. 451130 ...... Sewing, Needlework, and Piece Goods Stores pt. 459130 ...... Sewing, Needlework, and Piece Goods Retail- ers. 451140 ...... Musical Instrument and Supplies Stores ...... pt. 459140 ...... Musical Instrument and Supplies Retailers. 451211 ...... Book Stores ...... pt. 459210 ...... Book Retailers and News Dealers. 451212 ...... News Dealers and Newsstands ...... pt. 459210 ...... Book Retailers and News Dealers. 452210 ...... Department Stores ...... pt. 455110 ...... Department Stores. 452311 ...... Warehouse Clubs and Supercenters ...... pt. 455211 ...... Warehouse Clubs and Supercenters. 452319 ...... All Other General Merchandise Stores ...... pt. 455219 ...... All Other General Merchandise Retailers. 453110 ...... Florists ...... pt. 459310 ...... Florists. 453210 ...... Office Supplies and Stationery Stores ...... pt. 459410 ...... Office Supplies and Stationery Retailers. 453220 ...... Gift, Novelty, and Souvenir Stores ...... pt. 459420 ...... Gift, Novelty, and Souvenir Retailers. 453310 ...... Used Merchandise Stores ...... pt. 459510 ...... Used Merchandise Retailers. 453910 ...... Pet and Pet Supplies Stores ...... pt. 459910 ...... Pet and Pet Supplies Retailers. 453920 ...... Art Dealers ...... pt. 459920 ...... Art Dealers. 453930 ...... Manufactured (Mobile) Home Dealers ...... 459930 ...... Manufactured (Mobile) Home Dealers. 453991 ...... Tobacco Stores...... pt. 459991 ...... Tobacco, Electronic Cigarette, and Other Smoking Supplies Retailers. 453998 ...... All Other Miscellaneous Store Retailers (except Tobacco Stores): general merchandise auction houses ...... pt. 455219 ...... All Other General Merchandise Retailers. electronic cigarette stores and marijuana pt. 459991 ...... Tobacco, Electronic Cigarette, and Other stores, medical or recreational. Smoking Supplies Retailers. except general merchandise auction pt. 459999 ...... All Other Miscellaneous Retailers. houses, electronic cigarette stores, and marijuana stores, medical or recreational. 454110 ...... Electronic Shopping and Mail-Order Houses .... pt. 441227 ...... Motorcycle, ATV, and All Other Motor Vehicle Dealers. pt. 441330 ...... Automotive Parts and Accessories Retailers. pt. 441340 ...... Tire Dealers. pt. 444140 ...... Hardware Retailers.
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TABLE 1—2017 NAICS UNITED STATES MATCHED TO ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES— Continued
2017 NAICS 2017 NAICS Status 2022 NAICS 2022 NAICS code description code code description
pt. 444180 ...... Other Building Material Dealers. pt. 444230 ...... Outdoor Power Equipment Retailers. pt. 444240 ...... Nursery, Garden Center, and Farm Supply Re- tailers. pt. 445131 ...... Convenience Retailers. pt. 445240 ...... Meat Retailers. pt. 445250 ...... Fish and Seafood Retailers. pt. 445298 ...... All Other Specialty Food Retailers. pt. 445320 ...... Beer, Wine, and Liquor Retailers. pt. 449110 ...... Furniture Retailers. pt. 449121 ...... Floor Covering Retailers. pt. 449122 ...... Window Treatment Retailers. pt. 449129 ...... All Other Home Furnishings Retailers. pt. 449210 ...... Electronics and Appliance Retailers. pt. 455110 ...... Department Stores. pt. 455211 ...... Warehouse Clubs and Supercenters. pt. 455219 ...... All Other General Merchandise Retailers. pt. 456110 ...... Pharmacies and Drug Retailers. pt. 456120 ...... Cosmetics, Beauty Supplies, and Perfume Re- tailers. pt. 456130 ...... Optical Goods Retailers. pt. 456191 ...... Food (Health) Supplement Retailers. pt. 456199 ...... All Other Health and Personal Care Retailers. pt. 458110 ...... Clothing and Clothing Accessories Retailers. pt. 458210 ...... Shoe Retailers. pt. 458310 ...... Jewelry Retailers. pt. 458320 ...... Luggage and Leather Goods Retailers. pt. 459110 ...... Sporting Goods Retailers. pt. 459120 ...... Hobby, Toy, and Game Retailers. pt. 459130 ...... Sewing, Needlework, and Piece Goods Retail- ers. pt. 459140 ...... Musical Instrument and Supplies Retailers. pt. 459210 ...... Book Retailers and News Dealers. pt. 459310 ...... Florists. pt. 459410 ...... Office Supplies and Stationery Retailers. pt. 459420 ...... Gift, Novelty, and Souvenir Retailers. pt. 459510 ...... Used Merchandise Retailers. pt. 459910 ...... Pet and Pet Supplies Retailers. pt. 459920 ...... Art Dealers. pt. 459991 ...... Tobacco, Electronic Cigarette, and Other Smoking Supplies Retailers. pt. 459999 ...... All Other Miscellaneous Retailers. 454210 ...... Vending Machine Operators ...... 445132 ...... Vending Machine Operators. 454310 ...... Fuel Dealers ...... 457210 ...... Fuel Dealers. 454390 ...... Other Direct Selling Establishments ...... pt. 441330 ...... Automotive Parts and Accessories Retailers. pt. 441340 ...... Tire Dealers. pt. 444140 ...... Hardware Retailers. pt. 444180 ...... Other Building Material Dealers. pt. 444230 ...... Outdoor Power Equipment Retailers. pt. 444240 ...... Nursery, Garden Center, and Farm Supply Re- tailers. pt. 445131 ...... Convenience Retailers. pt. 445240 ...... Meat Retailers. pt. 445250 ...... Fish and Seafood Retailers. pt. 445298 ...... All Other Specialty Food Retailers. pt. 445320 ...... Beer, Wine, and Liquor Retailers. pt. 449110 ...... Furniture Retailers. pt. 449121 ...... Floor Covering Retailers. pt. 449122 ...... Window Treatment Retailers. pt. 449129 ...... All Other Home Furnishings Retailers. pt. 449210 ...... Electronics and Appliance Retailers. pt. 455219 ...... All Other General Merchandise Retailers. pt. 456110 ...... Pharmacies and Drug Retailers. pt. 456120 ...... Cosmetics, Beauty Supplies, and Perfume Re- tailers. pt. 456130 ...... Optical Goods Retailers. pt. 456191 ...... Food (Health) Supplement Retailers. pt. 456199 ...... All Other Health and Personal Care Retailers. pt. 458110 ...... Clothing and Clothing Accessories Retailers. pt. 458210 ...... Shoe Retailers.
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TABLE 1—2017 NAICS UNITED STATES MATCHED TO ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES— Continued
2017 NAICS 2017 NAICS Status 2022 NAICS 2022 NAICS code description code code description
pt. 458310 ...... Jewelry Retailers. pt. 458320 ...... Luggage and Leather Goods Retailers. pt. 459110 ...... Sporting Goods Retailers. pt. 459120 ...... Hobby, Toy, and Game Retailers. pt. 459130 ...... Sewing, Needlework, and Piece Goods Retail- ers. pt. 459140 ...... Musical Instrument and Supplies Retailers. pt. 459210 ...... Book Retailers and News Dealers. pt. 459310 ...... Florists. pt. 459410 ...... Office Supplies and Stationery Retailers. pt. 459420 ...... Gift, Novelty, and Souvenir Retailers. pt. 459510 ...... Used Merchandise Retailers. pt. 459910 ...... Pet and Pet Supplies Retailers. pt. 459920 ...... Art Dealers. pt. 459991 ...... Tobacco, Electronic Cigarette, and Other Smoking Supplies Retailers. pt. 459999 ...... All Other Miscellaneous Retailers. 511110 ...... Newspaper Publishers ...... pt. 513110 ...... Newspaper Publishers. 511120 ...... Periodical Publishers ...... pt. 513120 ...... Periodical Publishers. 511130 ...... Book Publishers ...... pt. 513130 ...... Book Publishers. 511140 ...... Directory and Mailing List Publishers ...... pt. 513140 ...... Directory and Mailing List Publishers. 511191 ...... Greeting Card Publishers ...... pt. 513191 ...... Greeting Card Publishers. 511199 ...... All Other Publishers ...... pt. 513199 ...... All Other Publishers. 511210 ...... Software Publishers ...... 513210 ...... Software Publishers. 515111 ...... Radio Networks ...... pt. 516210 ...... Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content Providers. 515112 ...... Radio Stations ...... 516110 ...... Radio Broadcasting Stations. 515120 ...... Television Broadcasting: television broadcasting stations ...... 516120 ...... Television Broadcasting Stations. television networks ...... pt. 516210 ...... Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content Providers. 515210 ...... Cable and Other Subscription Programming ..... pt. 516210 ...... Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content Providers. 517311 ...... Wired Telecommunications Carriers ...... 517111 ...... Wired Telecommunications Carriers. 517312 ...... Wireless Telecommunications Carriers (except Satellite): except agents for wireless telecommuni- 517112 ...... Wireless Telecommunications Carriers (except cations carriers. Satellite). agents for wireless telecommunications pt. 517122 ...... Agents for Wireless Telecommunications Serv- carriers. ices. 517911 ...... Telecommunications Resellers: except agents for wireless telecommuni- 517121 ...... Telecommunications Resellers. cations resellers. agents for wireless telecommunications re- pt. 517122 ...... Agents for Wireless Telecommunications Serv- sellers. ices. 517919 ...... All Other Telecommunications ...... 517810 ...... All Other Telecommunications. 519110 ...... News Syndicates ...... pt. 516210 ...... Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content Providers. 519120 ...... Libraries and Archives ...... 519210 ...... Libraries and Archives. 519130 ...... Internet Publishing and Broadcasting and Web Search Portals: Internet newspaper publishers ...... pt. 513110 ...... Newspaper Publishers. Internet periodical publishers ...... pt. 513120 ...... Periodical Publishers. Internet book publishers ...... pt. 513130 ...... Book Publishers. Internet directory and mailing list pub- pt. 513140 ...... Directory and Mailing List Publishers. lishers. Internet greeting card publishers ...... pt. 513191 ...... Greeting Card Publishers. all other Internet publishers ...... pt. 513199 ...... All Other Publishers. Internet broadcasting ...... pt. 516210 ...... Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content Providers. web search portals ...... pt. 519290 ...... Web Search Portals and All Other Information Services. 519190 ...... All Other Information Services ...... pt. 519290 ...... Web Search Portals and All Other Information Services.
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TABLE 1—2017 NAICS UNITED STATES MATCHED TO ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES— Continued
2017 NAICS 2017 NAICS Status 2022 NAICS 2022 NAICS code description code code description
522120 ...... Savings Institutions ...... pt. 522180 ...... Savings Institutions and Other Depository Credit Intermediation. 522190 ...... Other Depository Credit Intermediation...... pt. 522180 ...... Savings Institutions and Other Depository Credit Intermediation. 522293 ...... International Trade Financing ...... pt. 522299 ...... International, Secondary Market, and All Other Nondepository Credit Intermediation. 522294 ...... Secondary Market Financing ...... pt. 522299 ...... International, Secondary Market, and All Other Nondepository Credit Intermediation. 522298 ...... All Other Nondepository Credit Intermediation .. pt. 522299 ...... International, Secondary Market, and All Other Nondepository Credit Intermediation. 523110 ...... Investment Banking and Securities Dealing ...... pt. 523150 ...... Investment Banking and Securities Intermedi- ation. 523120 ...... Securities Brokerage ...... pt. 523150 ...... Investment Banking and Securities Intermedi- ation. 523130 ...... Commodity Contracts Dealing ...... pt. 523160 ...... Commodity Contracts Intermediation. 523140 ...... Commodity Contracts Brokerage ...... pt. 523160 ...... Commodity Contracts Intermediation. 523920 ...... Portfolio Management ...... pt. 523940 ...... Portfolio Management and Investment Advice. 523930 ...... Investment Advice ...... pt. 523940 ...... Portfolio Management and Investment Advice. 811112 ...... Automotive Exhaust System Repair ...... pt. 811114 ...... Specialized Automotive Repair. 811113 ...... Automotive Transmission Repair ...... pt. 811114 ...... Specialized Automotive Repair. 811118 ...... Other Automotive Mechanical and Electrical pt. 811114 ...... Specialized Automotive Repair. Repair and Maintenance. 811211 ...... Consumer Electronics Repair and Maintenance pt. 811210 ...... Electronic and Precision Equipment Repair and Maintenance. 811212 ...... Computer and Office Machine Repair and pt. 811210 ...... Electronic and Precision Equipment Repair and Maintenance. Maintenance. 811213 ...... Communication Equipment Repair and Mainte- pt. 811210 ...... Electronic and Precision Equipment Repair and nance. Maintenance. 811219 ...... Other Electronic and Precision Equipment Re- pt. 811210 ...... Electronic and Precision Equipment Repair and pair and Maintenance. Maintenance. pt.—Part of 2022 NAICS United States industry.
TABLE 2—ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES MATCHED TO 2017 NAICS UNITED STATES
2022 NAICS 2022 NAICS Status 2017 NAICS 2017 NAICS code description code code description
212114 ...... Surface Coal Mining...... N 212111 ...... Bituminous Coal and Lignite Surface Mining. *212113 ...... Anthracite Mining—anthracite surface mining. 212115 ...... Underground Coal Mining ...... N 212112 ...... Bituminous Coal Underground Mining. *212113 ...... Anthracite Mining—anthracite underground mining. 212220 ...... Gold Ore and Silver Ore Mining ...... N 212221 ...... Gold Ore Mining. 212222 ...... Silver Ore Mining. 212290 ...... Other Metal Ore Mining ...... N 212291 ...... Uranium-Radium-Vanadium Ore Mining. 212299 ...... All Other Metal Ore Mining. 212323 ...... Kaolin, Clay, and Ceramic and Refractory Min- N 212324 ...... Kaolin and Ball Clay Mining. erals Mining. 212325 ...... Clay and Ceramic and Refractory Minerals Min- ing. 212390 ...... Other Nonmetallic Mineral Mining and Quar- N 212391 ...... Potash, Soda, and Borate Mineral Mining. rying. 212392 ...... Phosphate Rock Mining. 212393 ...... Other Chemical and Fertilizer Mineral Mining. 212399 ...... All Other Nonmetallic Mineral Mining. 31512 ...... Apparel Knitting Mills 315120 ...... Apparel Knitting Mills ...... N 315110 ...... Hosiery and Sock Mills. 315190 ...... Other Apparel Knitting Mills. 31525 ...... Cut and Sew Apparel Manufacturing (except Contractors) 315250 ...... Cut and Sew Apparel Manufacturing (except N 315220 ...... Men’s and Boys’ Cut and Sew Apparel Manu- Contractors). facturing. 315240 ...... Women’s, Girls’, and Infants’ Cut and Sew Ap- parel Manufacturing. 315280 ...... Other Cut and Sew Apparel Manufacturing. 316990 ...... Other Leather and Allied Product Manufac- N 316992 ...... Women’s Handbag and Purse Manufacturing. turing. 316998 ...... All Other Leather Good and Allied Product Manufacturing.
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TABLE 2—ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES MATCHED TO 2017 NAICS UNITED STATES— Continued
2022 NAICS 2022 NAICS Status 2017 NAICS 2017 NAICS code description code code description
321215 ...... Engineered Wood Member Manufacturing ...... N 321213 ...... Engineered Wood Member (except Truss) Man- ufacturing. 321214 ...... Truss Manufacturing. 322120 ...... Paper Mills ...... N 322121 ...... Paper (except Newsprint) Mills. 322122 ...... Newsprint Mills. 325314 ...... Fertilizer (Mixing Only) Manufacturing ...... R *325314 ...... Fertilizer (Mixing Only) Manufacturing—except compost manufacturing. 325315 ...... Compost Manufacturing...... N *325314 ...... Fertilizer (Mixing Only) Manufacturing—com- post manufacturing. 333248 ...... All Other Industrial Machinery Manufacturing .... N 333244 ...... Printing Machinery and Equipment Manufac- turing. 333249 ...... Other Industrial Machinery Manufacturing. 333310 ...... Commercial and Service Industry Machinery N 333314 ...... Optical Instrument and Lens Manufacturing. Manufacturing. 333316 ...... Photographic and Photocopying Equipment Manufacturing. 333318 ...... Other Commercial and Service Industry Ma- chinery Manufacturing. 333998 ...... All Other Miscellaneous General Purpose Ma- N 333997 ...... Scale and Balance Manufacturing. chinery Manufacturing. 333999 ...... All Other Miscellaneous General Purpose Ma- chinery Manufacturing. 334610 ...... Manufacturing and Reproducing Magnetic and N 334613 ...... Blank Magnetic and Optical Recording Media Optical Media. Manufacturing. 334614 ...... Software and Other Prerecorded Compact Disc, Tape, and Record Reproducing. 33513 ...... Electric Lighting Equipment Manufacturing. 335131 ...... Residential Electric Lighting Fixture Manufac- N 335121 ...... Residential Electric Lighting Fixture Manufac- turing. turing. 335132 ...... Commercial, Industrial, and Institutional Electric N 335122 ...... Commercial, Industrial, and Institutional Electric Lighting Fixture Manufacturing. Lighting Fixture Manufacturing. 335139 ...... Electric Lamp Bulb and Other Lighting Equip- N 335110 ...... Electric Lamp Bulb and Part Manufacturing. ment Manufacturing. 335129 ...... Other Lighting Equipment Manufacturing. 335910 ...... Battery Manufacturing ...... N 335911 ...... Storage Battery Manufacturing. 335912 ...... Primary Battery Manufacturing. 336110 ...... Automobile and Light Duty Motor Vehicle Man- N 336111 ...... Automobile Manufacturing. ufacturing. 336112 ...... Light Truck and Utility Vehicle Manufacturing. 337126 ...... Household Furniture (except Wood and Uphol- N 337124 ...... Metal Household Furniture Manufacturing. stered) Manufacturing. 337125 ...... Household Furniture (except Wood and Metal) Manufacturing. 42435 ...... Clothing and Clothing Accessories Merchant Wholesalers. 424350 ...... Clothing and Clothing Accessories Merchant N 424320 ...... Men’s and Boys’ Clothing and Furnishings Mer- Wholesalers. chant Wholesalers. 424330 ...... Women’s, Children’s, and Infants’ Clothing and Accessories Merchant Wholesalers. 42512 ...... Wholesale Trade Agents and Brokers. 425120 ...... Wholesale Trade Agents and Brokers ...... R 425110 ...... Business to Business Electronic Markets. 425120 ...... Wholesale Trade Agents and Brokers. 441227 ...... Motorcycle, ATV, and All Other Motor Vehicle N 441228 ...... Motorcycle, ATV, and All Other Motor Vehicle Dealers. Dealers. *454110 ...... Electronic Shopping and Mail-Order Houses. 4413 ...... Automotive Parts, Accessories, and Tire Retail- ers. 44133 ...... Automotive Parts and Accessories Retailers. 441330 ...... Automotive Parts and Accessories Retailers ..... N 441310 ...... Automotive Parts and Accessories Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 44134 ...... Tire Dealers. 441340 ...... Tire Dealers ...... N 441320 ...... Tire Dealers. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 44414 ...... Hardware Retailers. 444140 ...... Hardware Retailers ...... N 444130 ...... Hardware Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 44418 ...... Other Building Material Dealers.
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TABLE 2—ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES MATCHED TO 2017 NAICS UNITED STATES— Continued
2022 NAICS 2022 NAICS Status 2017 NAICS 2017 NAICS code description code code description
444180 ...... Other Building Material Dealers ...... N 444190 ...... Other Building Material Dealers. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 4442 ...... Lawn and Garden Equipment and Supplies Re- tailers. 44423 ...... Outdoor Power Equipment Retailers. 444230 ...... Outdoor Power Equipment Retailers ...... N 444210 ...... Outdoor Power Equipment Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 44424 ...... Nursery, Garden Center, and Farm Supply Re- tailers. 444240 ...... Nursery, Garden Center, and Farm Supply Re- N 444220 ...... Nursery, Garden Center, and Farm Supply tailers. Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 44513 ...... Convenience Retailers and Vending Machine Operators. 445131 ...... Convenience Retailers ...... N 445120 ...... Convenience Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 445132 ...... Vending Machine Operators ...... N 454210 ...... Vending Machine Operators. 44524 ...... Meat Retailers. 445240 ...... Meat Retailers ...... N 445210 ...... Meat Markets. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 44525 ...... Fish and Seafood Retailers. 445250 ...... Fish and Seafood Retailers ...... N 445220 ...... Fish and Seafood Markets. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 445298 ...... All Other Specialty Food Retailers ...... N 445299 ...... All Other Specialty Food Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 4453 ...... Beer, Wine, and Liquor Retailers. 44532 ...... Beer, Wine, and Liquor Retailers. 445320 ...... Beer, Wine, and Liquor Retailers ...... N 445310 ...... Beer, Wine, and Liquor Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 449 ...... Furniture, Home Furnishings, Electronics, and Appliance Retailers. 4491 ...... Furniture and Home Furnishings Retailers. 44911 ...... Furniture Retailers. 449110 ...... Furniture Retailers ...... N 442110 ...... Furniture Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 44912 ...... Home Furnishings Retailers. 449121 ...... Floor Covering Retailers ...... N 442210 ...... Floor Covering Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 449122 ...... Window Treatment Retailers ...... N 442291 ...... Window Treatment Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 449129 ...... All Other Home Furnishings Retailers ...... N 442299 ...... All Other Home Furnishings Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 4492 ...... Electronics and Appliance Retailers. 44921 ...... Electronics and Appliance Retailers. 449210 ...... Electronics and Appliance Retailers ...... N 443141 ...... Household Appliance Stores. 443142 ...... Electronics Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 455 ...... General Merchandise Retailers. 4551 ...... Department Stores. 45511 ...... Department Stores. 455110 ...... Department Stores ...... N 452210 ...... Department Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. 4552 ...... Warehouse Clubs, Supercenters, and Other General Merchandise Retailers. 45521 ...... Warehouse Clubs, Supercenters, and Other General Merchandise Retailers. 455211 ...... Warehouse Clubs and Supercenters ...... N 452311 ...... Warehouse Clubs and Supercenters.
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TABLE 2—ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES MATCHED TO 2017 NAICS UNITED STATES— Continued
2022 NAICS 2022 NAICS Status 2017 NAICS 2017 NAICS code description code code description
*454110 ...... Electronic Shopping and Mail-Order Houses. 455219 ...... All Other General Merchandise Retailers ...... N 452319 ...... All Other General Merchandise Stores. *453998 ...... All Other Miscellaneous Store Retailers (except Tobacco Stores)—general merchandise auc- tion houses. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 456 ...... Health and Personal Care Retailers. 4561 ...... Health and Personal Care Retailers. 45611 ...... Pharmacies and Drug Retailers. 456110 ...... Pharmacies and Drug Retailers ...... N 446110 ...... Pharmacies and Drug Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 45612 ...... Cosmetics, Beauty Supplies, and Perfume Re- tailers. 456120 ...... Cosmetics, Beauty Supplies, and Perfume Re- N 446120 ...... Cosmetics, Beauty Supplies, and Perfume tailers. Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 45613 ...... Optical Goods Retailers. 456130 ...... Optical Goods Retailers ...... N 446130 ...... Optical Goods Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 45619 ...... Other Health and Personal Care Retailers. 456191 ...... Food (Health) Supplement Retailers ...... N 446191 ...... Food (Health) Supplement Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 456199 ...... All Other Health and Personal Care Retailers ... N 446199 ...... All Other Health and Personal Care Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 457 ...... Gasoline Stations and Fuel Dealers. 4571 ...... Gasoline Stations. 45711 ...... Gasoline Stations with Convenience Stores. 457110 ...... Gasoline Stations with Convenience Stores ...... N 447110 ...... Gasoline Stations with Convenience Stores. 45712 ...... Other Gasoline Stations. 457120 ...... Other Gasoline Stations ...... N 447190 ...... Other Gasoline Stations. 4572 ...... Fuel Dealers. 45721 ...... Fuel Dealers. 457210 ...... Fuel Dealers ...... N 454310 ...... Fuel Dealers. 458 ...... Clothing, Clothing Accessories, Shoe, and Jew- elry Retailers. 4581 ...... Clothing and Clothing Accessories Retailers. 45811 ...... Clothing and Clothing Accessories Retailers. 458110 ...... Clothing and Clothing Accessories Retailers ..... N 448110 ...... Men’s Clothing Stores. 448120 ...... Women’s Clothing Stores. 448130 ...... Children’s and Infants’ Clothing Stores. 448140 ...... Family Clothing Stores. 448150 ...... Clothing Accessories Stores. 448190 ...... Other Clothing Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 4582 ...... Shoe Retailers. 45821 ...... Shoe Retailers. 458210 ...... Shoe Retailers ...... N 448210 ...... Shoe Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 4583 ...... Jewelry, Luggage, and Leather Goods Retail- ers. 45831 ...... Jewelry Retailers. 458310 ...... Jewelry Retailers ...... N 448310 ...... Jewelry Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 45832 ...... Luggage and Leather Goods Retailers. 458320 ...... Luggage and Leather Goods Retailers ...... N 448320 ...... Luggage and Leather Goods Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 459 ...... Sporting Goods, Hobby, Musical Instrument, Book, and Miscellaneous Retailers. 4591 ...... Sporting Goods, Hobby, and Musical Instru- ment Retailers.
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TABLE 2—ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES MATCHED TO 2017 NAICS UNITED STATES— Continued
2022 NAICS 2022 NAICS Status 2017 NAICS 2017 NAICS code description code code description
45911 ...... Sporting Goods Retailers. 459110 ...... Sporting Goods Retailers ...... N 451110 ...... Sporting Goods Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 45912 ...... Hobby, Toy, and Game Retailers. 459120 ...... Hobby, Toy, and Game Retailers ...... N 451120 ...... Hobby, Toy, and Game Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 45913 ...... Sewing, Needlework, and Piece Goods Retail- ers. 459130 ...... Sewing, Needlework, and Piece Goods Retail- N 451130 ...... Sewing, Needlework, and Piece Goods Stores. ers. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 45914 ...... Musical Instrument and Supplies Retailers. 459140 ...... Musical Instrument and Supplies Retailers ...... N 451140 ...... Musical Instrument and Supplies Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 4592 ...... Book Retailers and News Dealers. 45921 ...... Book Retailers and News Dealers. 459210 ...... Book Retailers and News Dealers ...... N 451211 ...... Book Stores. 451212 ...... News Dealers and Newsstands. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 4593 ...... Florists. 45931 ...... Florists. 459310 ...... Florists ...... N 453110 ...... Florists. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 4594 ...... Office Supplies, Stationery, and Gift Retailers. 45941 ...... Office Supplies and Stationery Retailers. 459410 ...... Office Supplies and Stationery Retailers ...... N 453210 ...... Office Supplies and Stationery Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 45942 ...... Gift, Novelty, and Souvenir Retailers. 459420 ...... Gift, Novelty, and Souvenir Retailers ...... N 453220 ...... Gift, Novelty, and Souvenir Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 4595 ...... Used Merchandise Retailers. 45951 ...... Used Merchandise Retailers. 459510 ...... Used Merchandise Retailers ...... N 453310 ...... Used Merchandise Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 4599 ...... Other Miscellaneous Retailers. 45991 ...... Pet and Pet Supplies Retailers. 459910 ...... Pet and Pet Supplies Retailers ...... N 453910 ...... Pet and Pet Supplies Stores. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 45992 ...... Art Dealers. 459920 ...... Art Dealers ...... N 453920 ...... Art Dealers. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 45993 ...... Manufactured (Mobile) Home Dealers. 459930 ...... Manufactured (Mobile) Home Dealers ...... N 453930 ...... Manufactured (Mobile) Home Dealers. 45999 ...... All Other Miscellaneous Retailers. 459991 ...... Tobacco, Electronic Cigarette, and Other N 453991 ...... Tobacco Stores. Smoking Supplies Retailers. *453998 ...... All Other Miscellaneous Store Retailers (except Tobacco Stores)—electronic cigarette stores and marijuana stores, medical or rec- reational. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 459999 ...... All Other Miscellaneous Retailers ...... N *453998 ...... All Other Miscellaneous Store Retailers (except Tobacco Stores)—except general merchan- dise auction houses, electronic cigarette stores, and marijuana stores, medical or rec- reational. *454110 ...... Electronic Shopping and Mail-Order Houses. *454390 ...... Other Direct Selling Establishments. 513 ...... Publishing Industries.
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TABLE 2—ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES MATCHED TO 2017 NAICS UNITED STATES— Continued
2022 NAICS 2022 NAICS Status 2017 NAICS 2017 NAICS code description code code description
5131 ...... Newspaper, Periodical, Book, and Directory Publishers. 51311 ...... Newspaper Publishers. 513110 ...... Newspaper Publishers ...... N 511110 ...... Newspaper Publishers. *519130 ...... Internet Publishing and Broadcasting and Web Search Portals—Internet newspaper pub- lishers. 51312 ...... Periodical Publishers. 513120 ...... Periodical Publishers ...... N 511120 ...... Periodical Publishers. *519130 ...... Internet Publishing and Broadcasting and Web Search Portals—Internet periodical pub- lishers. 51313 ...... Book Publishers. 513130 ...... Book Publishers ...... N 511130 ...... Book Publishers. *519130 ...... Internet Publishing and Broadcasting and Web Search Portals—Internet book publishers. 51314 ...... Directory and Mailing List Publishers. 513140 ...... Directory and Mailing List Publishers ...... N 511140 ...... Directory and Mailing List Publishers. *519130 ...... Internet Publishing and Broadcasting and Web Search Portals—Internet directory and mail- ing list publishers. 51319 ...... Other Publishers. 513191 ...... Greeting Card Publishers ...... N 511191 ...... Greeting Card Publishers. *519130 ...... Internet Publishing and Broadcasting and Web Search Portals—Internet greeting card pub- lishers. 513199 ...... All Other Publishers ...... N 511199 ...... All Other Publishers. *519130 ...... Internet Publishing and Broadcasting and Web Search Portals—all other Internet publishers. 5132 ...... Software Publishers. 51321 ...... Software Publishers. 513210 ...... Software Publishers ...... N 511210 ...... Software Publishers. 516 ...... Broadcasting and Content Providers. 5161 ...... Radio and Television Broadcasting Stations. 51611 ...... Radio Broadcasting Stations. 516110 ...... Radio Broadcasting Stations ...... N 515112 ...... Radio Stations. 51612 ...... Television Broadcasting Stations. 516120 ...... Television Broadcasting Stations ...... N *515120 ...... Television Broadcasting—television broad- casting stations. 5162 ...... Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content Providers. 51621 ...... Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content Providers. 516210 ...... Media Streaming Distribution Services, Social N 515111 ...... Radio Networks. Networks, and Other Media Networks and Content Providers. *515120 ...... Television Broadcasting—television networks. 515210 ...... Cable and Other Subscription Programming. 519110 ...... News Syndicates. *519130 ...... Internet Publishing and Broadcasting and Web Search Portals—Internet broadcasting. 5171 ...... Wired and Wireless Telecommunications (ex- cept Satellite). 51711 ...... Wired and Wireless Telecommunications Car- riers (except Satellite). 517111 ...... Wired Telecommunications Carriers ...... N 517311 ...... Wired Telecommunications Carriers. 517112 ...... Wireless Telecommunications Carriers (except N *517312 ...... Wireless Telecommunications Carriers (except Satellite). Satellite)—except agents for wireless tele- communications carriers. 51712 ...... Telecommunications Resellers and Agents for Wireless Telecommunication Services. 517121 ...... Telecommunications Resellers ...... N *517911 ...... Telecommunications Resellers—except agents for wireless telecommunications resellers. 517122 ...... Agents for Wireless Telecommunications Serv- N *517312 ...... Wireless Telecommunications Carriers (except ices. Satellite)—agents for wireless telecommuni- cations carriers. *517911 ...... Telecommunications Resellers—agents for wireless telecommunications resellers.
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TABLE 2—ECPC RECOMMENDATIONS FOR 2022 NAICS UNITED STATES MATCHED TO 2017 NAICS UNITED STATES— Continued
2022 NAICS 2022 NAICS Status 2017 NAICS 2017 NAICS code description code code description
5178 ...... All Other Telecommunications. 51781 ...... All Other Telecommunications. 517810 ...... All Other Telecommunications ...... N 517919 ...... All Other Telecommunications. 519 ...... Web Search Portals, Libraries, Archives, and R *519 ...... Other Information Services—except news syn- Other Information Services. dicates and Internet publishing and broad- casting. 5192 ...... Web Search Portals, Libraries, Archives, and Other Information Services. 51921 ...... Libraries and Archives. 519210 ...... Libraries and Archives ...... N 519120 ...... Libraries and Archives. 51929 ...... Web Search Portals and All Other Information Services. 519290 ...... Web Search Portals and All Other Information N *519130 ...... Internet Publishing and Broadcasting and Web Services. Search Portals—web search portals. 519190 ...... All Other Information Services. 52218 ...... Savings Institutions and Other Depository Credit Intermediation. 522180 ...... Savings Institutions and Other Depository N 522120 ...... Savings Institutions. Credit Intermediation. 522190 ...... Other Depository Credit Intermediation. 522299 ...... International, Secondary Market, and All Other N 522293 ...... International Trade Financing. Nondepository Credit Intermediation. 522294 ...... Secondary Market Financing. 522298 ...... All Other Nondepository Credit Intermediation. 52315 ...... Investment Banking and Securities Intermedi- ation. 523150 ...... Investment Banking and Securities Intermedi- N 523110 ...... Investment Banking and Securities Dealing. ation. 523120 ...... Securities Brokerage. 52316 ...... Commodity Contracts Intermediation. 523160 ...... Commodity Contracts Intermediation ...... N 523130 ...... Commodity Contracts Dealing. 523140 ...... Commodity Contracts Brokerage. 52394 ...... Portfolio Management and Investment Advice. 523940 ...... Portfolio Management and Investment Advice .. N 523920 ...... Portfolio Management. 523930 ...... Investment Advice. 811114 ...... Specialized Automotive Repair ...... N 811112 ...... Automotive Exhaust System Repair. 811113 ...... Automotive Transmission Repair. 811118 ...... Other Automotive Mechanical and Electrical Repair and Maintenance. 811210 ...... Electronic and Precision Equipment Repair and N 811211 ...... Consumer Electronics Repair and Mainte- Maintenance. nance. 811212 ...... Computer and Office Machine Repair and Maintenance. 811213 ...... Communication Equipment Repair and Mainte- nance. 811219 ...... Other Electronic and Precision Equipment Re- pair and Maintenance. N—new NAICS industry/code for 2022; *—Part of 2017 NAICS United States industry; R—2017 NAICS industry code reused with different content.
Sharon I. Block, NATIONAL ARCHIVES AND RECORDS (OMB) renew its approval for us to Acting Administrator, Office of Information ADMINISTRATION engage in the following generic and Regulatory Affairs. information collection request (generic [FR Doc. 2021–14249 Filed 7–1–21; 8:45 am] [NARA–2021–034] ICR), and we invite you to comment on BILLING CODE 3110–01–P it: Generic Clearance for NARA Public Agency Information Collection and Education Program Registration. Activities: Submission for OMB Under this information collection, we Review; Comment Request request registration and attendance AGENCY: National Archives and Records information from people requesting to Administration (NARA). attend an education or other program at NARA. ACTION: Notice of a request for comments regarding a new information DATES: OMB must receive written collection. comments on or before August 2, 2021. ADDRESSES: Submit comments in SUMMARY: We are requesting that the writing to Mr. Nicholas A. Fraser, OIRA Office of Management and Budget (NARA Desk Officer); Office of
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Management and Budget; New facilities. As part of this plan, we Conditions: We will submit a specific Executive Office Building; Washington, construct, distribute, and use the information collection for approval DC 20503, by fax at 202–395–5167; or registration forms in a similar manner, under this generic clearance only if it electronically to Nicholas_A._Fraser@ but customize each one for the type and meets the following conditions: omb.eop.gov. location of the program involved. • The collection is voluntary; • The collection is low-burden for FOR FURTHER INFORMATION CONTACT: Because we seek public comment on respondents (based on considerations of Tamee Fechhelm, Paperwork Reduction the plan, we do not need to seek public total burden hours, total number of Act Officer, by email at comment on each specific information collection that falls within the plan respondents, or burden-hours per [email protected] or by respondent) and is low-cost for both the telephone at 301.837.1694 when we later develop the individual information collection. This saves the respondents and the Federal SUPPLEMENTARY INFORMATION: Pursuant Government; to the Paperwork Reduction Act of 1995 Government time and burden, and it • streamlines our ability to gather The collection is non-controversial (Pub. L. 104–13), we invite comments and does not raise issues of concern to proposed information collections. registration information so we can provide more responsive programs. other Federal agencies; Comments and suggestions should • Personally identifiable information However, we still submit each specific address one or more of the following (PII) is collected only to the extent information collection (e.g., each form) points: (a) Whether the proposed necessary and is retained only for the to OMB for review, in accordance with information is necessary for NARA to period of time required by NARA properly perform its functions; (b) our the terms of clearance set upon approval records schedules; estimates of the burden of the proposed of the plan. OMB assesses the • Information gathered will be used information collections and their individual forms for PRA requirements, only internally for program management accuracy; (c) ways we could enhance ensures that they fit within the scope of purposes and is not intended for release the quality, utility, and clarity of the this generic ICR plan, and includes the outside of the agency; information we collect; (d) ways we specific forms in the PRA public docket • Information gathered will not be could minimize the burden on prior to our use of them. used for the purpose of substantially respondents of collecting the Specifics on This Information informing influential policy decisions; information, including through Collection and information technology; and (e) whether • Information gathered will yield these collections affect small businesses. Title: Generic Clearance for NARA qualitative information; the collections Burden means the total time, effort, or Public and Education Program will not be designed or expected to financial resources people need to Registration. yield statistically reliable results or used provide the information, including time Description: This generic information as though the results are generalizable to to review instructions, process and collection request allows us to gather the population of study. maintain the information, search data information from those members of the As a general matter, information sources, and respond. public who wish to register for public collections under this generic collection We will summarize any comments events, education programs, tours, and request will not result in any new you submit and include the summary in training sponsored by NARA. We will system of records containing privacy our request for OMB approval. All not use these forms for quantitative information and will not ask questions comments will become a matter of information collections designed to of a sensitive nature, such as sexual public record. For this reason, please do yield reliably actionable results, such as behavior and attitudes, religious beliefs, not include in your comments monitoring trends over time or and other matters that are commonly information of a confidential nature, documenting program performance. considered private. In this notice, such as sensitive personal information Purpose: Collecting this information NARA solicits comments concerning the or proprietary information. allows us to register participants for following information collection: NARA’s public, education, and training Title: Generic Clearance for NARA Explanation of Generic ICRs programs throughout the agency’s Public and Education Program A generic ICR is a request for OMB to locations, and to collect and process Registration. approve a plan for conducting more credit card payments. The information OMB number: 3095–0074. than one information collection using is also used to develop mailing lists for Agency form numbers: NA 2027, very similar methods when (1) we can distribution of education-related 2029, 2030, 2032, 11009, 11009C. evaluate the need for and the overall information and special NARA training Type of review: Regular. Projected affected public: Individuals practical utility of the data in advance, events, based on the request or or households, business or other for- as part of the review of the proposed expressed interest of the person profit, not-for-profit institutions, plan, but (2) we cannot determine the registering. Advance registration allows schools, Federal, state, local, or tribal details of the specific individual NARA offices to schedule the tours, government organizations. collections until a later time. Most training, and events to maximize the Projected average estimates for the generic clearances cover collections that participants’ time and to accommodate next three years: are voluntary, low-burden (based on a the participants in the space. The Average expected annual number of consideration of total burden, total information collected from registrants forms: 6. respondents, or burden per respondent), will help ensure that users have an Average projected number of and uncontroversial. This notice, for effective, efficient, and satisfying respondents per form: 1. example, describes a general plan to experience with our programs, in Estimated number of respondents in gather registration information from compliance with E.O. 12862. Without total: 7,921. members of the public who wish to the ability to collect this information, Estimated time per response: 5–10 participate in programs at NARA, NARA would not be able to effectively minutes. through a series of registration forms organize events, resulting in possibly Frequency of response: On occasion. used for a variety of current and future turning away members of the public Estimated total annual burden hours: education programs at different from events that might be overbooked. 1,300 hours.
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Abstract: We offer a variety of Date and time: July 19, 2021; 12:00 whether the information will have education programs, public programs, p.m. to 2:00 p.m. practical utility; • tours, training, and events throughout Dated: June 29, 2021. Evaluate the accuracy of the the country. In order to register Sherry P. Hale, agency’s estimate of the burden of the participants, we use various online and proposed collection of information, Staff Assistant, National Endowment for the paper registration forms. Advance Arts. including the validity of the registration allows NARA offices to methodology and assumptions used; schedule the tours, training, and events [FR Doc. 2021–14190 Filed 7–1–21; 8:45 am] • Enhance the quality, utility, and to maximize the participants’ time and BILLING CODE 7537–01–P clarity of the information to be to accommodate the participants in the collected; and • space. NATIONAL FOUNDATION ON THE Can help the agency minimize the ARTS AND THE HUMANITIES burden of the collection of information Swarnali Haldar, on those who are to respond, including Executive for Information Services/CIO. National Endowment for the Arts through the electronic submission of [FR Doc. 2021–14232 Filed 7–1–21; 8:45 am] responses. BILLING CODE 7515–01–P 60-Day Notice for the ‘‘NEA American ADDRESSES: Email comments to Daniel Rescue Plan Act of 2021 Grants to Beattie, Director, Office of Guidelines Organizations and Grants to Local Arts and Panel Operations, National NATIONAL FOUNDATION ON THE Agencies for Subgranting Notices of ARTS AND THE HUMANITIES Endowment for the Arts, at: beattied@ Funding Opportunties (NOFOs)’’ arts.gov. National Endowment for the Arts AGENCY: National Endowment for the FOR FURTHER INFORMATION CONTACT: Arts, National Foundation on the Arts Daniel Beattie, Director of Guidelines Arts Advisory Panel Meetings and Humanities. and Panel Operations, National AGENCY: National Endowment for the ACTION: Notice of proposed collection; Endowment for the Arts, at (202) 682– Arts, National Foundation on the Arts comment request. 5688 or at [email protected]. and the Humanities. Dated: June 22, 2021. ACTION: Notice of meetings. SUMMARY: The National Endowment for Daniel Beattie, the Arts (NEA), as part of its continuing Director, Guidelines and Panel Operations, SUMMARY: Pursuant to the Federal effort to reduce paperwork and Administrative Services, National Advisory Committee Act, as amended, respondent burden, conducts a Endowment for the Arts. notice is hereby given that 1 meeting of preclearance consultation program to [FR Doc. 2021–13540 Filed 7–1–21; 8:45 am] the Arts Advisory Panel to the National provide the general public and federal BILLING CODE 7537–01–P Council on the Arts will be held by agencies with an opportunity to teleconference or videoconference. comment on proposed and/or DATES: See the SUPPLEMENTARY continuing collections of information in NATIONAL SCIENCE FOUNDATION INFORMATION section for individual accordance with the Paperwork meeting times and dates. All meetings Reduction Act of 1995. This program Request for Information; National are Eastern time and ending times are helps to ensure that requested data is Science Foundation’s Directorate for approximate. provided in the desired format; Computer Information Science and ADDRESSES: National Endowment for the reporting burden (time and financial Engineering Arts, Constitution Center, 400 7th St. resources) is minimized; collection AGENCY: SW, Washington, DC 20506. instruments are clearly understood; and National Science Foundation. FOR FURTHER INFORMATION CONTACT: the impact of collection requirements on ACTION: Request for information. respondents is properly assessed. Further information with reference to SUMMARY: Semiconductor-related these meetings can be obtained from Ms. Currently, the NEA is soliciting comments concerning the proposed research, including underlying supply- Sherry P. Hale, Office of Guidelines & chain, business, and economic impacts, Panel Operations, National Endowment information collection of: NEA American Rescue Plan Act of 2021 are increasingly important to the for the Arts, Washington, DC 20506; Nation’s long-term competitiveness and [email protected], or call 202/682–5696. Grants to Organizations and Grants to Local Arts Agencies for Subgranting security. Through this Request for SUPPLEMENTARY INFORMATION: The Notices of Funding Opportunities Information (RFI), the National Science closed portions of meetings are for the (NOFOs). A copy of the current Foundation’s (NSF) Directorate for purpose of Panel review, discussion, information collection request can be Computer Information Science and evaluation, and recommendations on obtained by contacting the office listed Engineering (CISE) seeks input from financial assistance under the National below in the ADDRESSES section of this those who are directly engaged in, or Foundation on the Arts and the notice. might potentially benefit from, CISE- Humanities Act of 1965, as amended, related research and education in DATES: Written comments must be including information given in semiconductor and micro- and nano- submitted to the office listed in the confidence to the agency. In accordance electronics. with the determination of the Chairman ADDRESSES section below within 60 of September 10, 2019, these sessions days from the date of this publication in DATES: Please send comments on or will be closed to the public pursuant to the Federal Register. The NEA is before September 30, 2021. Comments subsection (c)(6) of section 552b of title particularly interested in comments received after that date will be 5, United States Code. that: considered to the extent practicable. The upcoming meeting is: • Evaluate whether the proposed Send comments to the address below. Artist Communities (review of collection of information is necessary ADDRESSES: Submit comments to Sankar applications): This meeting will be for the proper performance of the Basu or Erik Brunvand, Program closed. functions of the agency, including Directors, [email protected].
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National Science Foundation, 2415 Building upon that workshop and ACTION: Renewal of existing information Eisenhower Avenue, Suite E10241, report, and given the diverse interests of collection; request for comment. Alexandria, Virginia 22314. Individuals the CISE directorate and community, who use a telecommunications device the intent of this RFI is broader. SUMMARY: The U.S. Nuclear Regulatory for the deaf (TDD) may call the Federal Specifically, NSF/CISE seeks to: Commission (NRC) invites public Information Relay Service (FIRS) at • Gauge the extent to which the comment on the renewal of Office of 1.800.877.8339, 24 hours a day, 7 days community’s research and educational Management and Budget (OMB) a week, 365 days a year (including agenda are handicapped, e.g., by approval for an existing collection of Federal holidays). unavailability of past or future information. The information collection is entitled, NRC Online Form, ‘‘Request SUPPLEMENTARY INFORMATION: The resources. By this, NSF/CISE asks that for Alternatives.’’ computing stack has traditionally been respondents not restrict their answers to viewed as a hierarchy of layers with issues related to funding, but rather also DATES: Submit comments by August 31, devices and circuits comprising the consider issues related to infrastructure, 2021. Comments received after this date lowest layers, and architectures, facilities, access to tools/intellectual will be considered if it is practical to do software, algorithms, and applications property/data, legal issues, etc., that so, but the Commission is able to ensure constituting progressively higher layers. support their research and educational consideration only for comments Lower layers of the stack (e.g., devices, agenda in the broader area of received on or before this date. circuits, architectures) more directly semiconductors; ADDRESSES: You may submit comments involve semiconductor technologies to • Understand what specific activities by any of the following methods; the extent that researchers may interact the research community would pursue however, the NRC encourages electronic with large-scale fabrication facilities, and how that activity would impact comment submission through the but all levels of the stack are influenced societal and national interests, if the Federal Rulemaking Website: • by microelectronic advances to varying impediments mentioned in the first Federal Rulemaking Website: Go to degrees. Thus, although in its entirety category above are removed. NSF/CISE https://www.regulations.gov/ and search CISE research may not directly involve asks respondents to be specific in for Docket ID NRC–2021–0055. Address research on semiconductors, per se, the making projections about new questions about Docket IDs in entire computing stack, from circuit technologies potentially enabled by Regulations.gov to Stacy Schumann; design to architectures and on to advances in semiconductor and telephone: 301–415–0624; email: software and applications such as microelectronics technologies within [email protected]. For technical sensor networks including the Internet the 5-, 10-, or 15-year horizons, or questions, contact the individual listed of Things (IoT), embedded computing, longer. in the FOR FURTHER INFORMATION next-generation wireless systems, large- CONTACT section of this document. scale data analytics, AI, edge and cloud 2.0 Request for Information • Mail Comments to: David Cullison, computing, and high-performance This RFI is issued solely for Office of the Chief Information Officer, computing, heavily depends on information-gathering purposes. NSF/ Mail Stop: T–6 A10M, U.S. Nuclear advances in this space. CISE’s intent is to analyze the responses Regulatory Commission, Washington, As a result, much of the CISE received from this RFI for internal needs DC 20555–0001. directorate’s portfolio is dependent and for potentially formulating future For additional direction on obtaining upon advances in semiconductor programmatics. NSF/CISE may make information and submitting comments, technologies. For one example, anonymized versions of the responses see ‘‘Obtaining Information and tomorrow’s artificial intelligence (AI) available for public consumption. This Submitting Comments’’ in the innovations offer transformative societal RFI does not constitute a formal SUPPLEMENTARY INFORMATION section of impacts, but require advanced hardware solicitation for proposals. To respond to this document. capabilities that leverage newer this RFI, please use the official FOR FURTHER INFORMATION CONTACT: semiconductor technologies. submission form available at https:// David Cullison, Office of the Chief Conversely, the hardware design www.surveymonkey.com/r/CISERFI Information Officer, U.S. Nuclear problem is a large multi-objective, onSemiconductorResearchand Regulatory Commission, Washington, multiscale optimization problem that Education. DC 20555–0001; telephone: 301–415– stands to benefit from the application of 2084; email: Infocollects.Resource@ (Authority: 42 U.S.C. 1861.) modern AI techniques. nrc.gov. Invitation to Comment: NSF invites Dated: June 28, 2021. SUPPLEMENTARY INFORMATION: comments from the public who are Suzanne H. Plimpton, directly engaged in, or might potentially Reports Clearance Officer, National Science I. Obtaining Information and benefit from, CISE-related research and Foundation. Submitting Comments education in semiconductor and micro- [FR Doc. 2021–14159 Filed 7–1–21; 8:45 am] A. Obtaining Information and nano-electronics. BILLING CODE 7555–01–P Please refer to Docket ID NRC–2021– 1.0 Background 0055 when contacting the NRC about On December 14–20, 2020, CISE the availability of information for this funded a workshop focusing on the NUCLEAR REGULATORY action. You may obtain publicly lowest levels of the computing stack. COMMISSION available information related to this This workshop considered the scientific action by any of the following methods: frontiers for semiconductor and • Federal Rulemaking Website: Go to microelectronics technologies as well as [NRC–2021–0055] https://www.regulations.gov/ and search the needs for access to semiconductor Information Collection: NRC Online for Docket ID NRC–2021–0055. A copy foundries (for details, see the workshop Form, Request for Alternatives of the collection of information and report at https:// related instructions may be obtained nsfedaworkshop.nd.edu/assets/429148/ AGENCY: Nuclear Regulatory without charge by accessing Docket ID nsf20_foundry_meeting_report.pdf. Commission. NRC–2021–0055 on this website.
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• NRC’s Agencywide Documents II. Background III. Specific Requests for Comments Access and Management System In accordance with the Paperwork The NRC is seeking comments that (ADAMS): You may obtain publicly Reduction Act of 1995 (44 U.S.C. address the following questions: available documents online in the chapter 35), the NRC is requesting 1. Is the proposed collection of ADAMS Public Documents collection at public comment on its intention to information necessary for the NRC to https://www.nrc.gov/reading-rm/ request the OMB’s approval for the properly perform its functions? Does the adams.html. To begin the search, select information collection summarized information have practical utility? ‘‘Begin Web-based ADAMS Search.’’ For 2. Is the estimate of the burden of the problems with ADAMS, please contact below. information collection accurate? the NRC’s Public Document Room (PDR) 1. The title of the information 3. Is there a way to enhance the reference staff at 1–800–397–4209, 301– collection: NRC Online Form, ‘‘Request quality, utility, and clarity of the 415–4737, or by email to pdr.resource@ for Alternative Under 10 CFR information to be collected? nrc.gov. A copy of the collection of 50.55a(z)(1) and 10 CFR 50.55a(z)(2).’’ 4. How can the burden of the information and related instructions 2. OMB approval number: 3150–0244. information collection on respondents may be obtained without charge by 3. Type of submission: Revision. be minimized, including the use of accessing ADAMS Accession No. 4. The form number, if applicable: automated collection techniques or ML21060B371. The supporting Not applicable. other forms of information technology? statement is available in ADAMS under 5. How often the collection is required Accession No. ML21055A387. or requested: On occasion. Dated: June 29, 2021. • Attention: The PDR, where you may 6. Who will be required or asked to For the Nuclear Regulatory Commission. examine and order copies of public respond: All holders of, and certain David C. Cullison, documents, is currently closed. You applicants for, nuclear power plant NRC Clearance Officer, Office of the Chief may submit your request to the PDR via construction permits and operating Information Officer. email at [email protected] or call 1– licenses under the provisions of part 50 [FR Doc. 2021–14245 Filed 7–1–21; 8:45 am] 800–397–4209 or 301–415–4737, of title 10 of the Code of Federal BILLING CODE 7590–01–P between 8:00 a.m. and 4:00 p.m. (ET), Regulations (10 CFR), ‘‘Domestic Monday through Friday, except Federal Licensing of Production and Utilization holidays. NUCLEAR REGULATORY • Facilities’’ who use alternatives to the NRC’s Clearance Officer: A copy of requirements of 10 CFR 50.55a COMMISSION the collection of information and related paragraphs (b) through (h) when [NRC–2021–0001] instructions may be obtained without authorized by the NRC have the option charge by contacting the NRC’s of using the online form. Sunshine Act Meetings Clearance Officer, David Cullison, 7. The estimated number of annual Office of the Chief Information Officer, responses: 297. TIME AND DATE: Weeks of July 5, 12, 19, U.S. Nuclear Regulatory Commission, 8. The estimated number of annual 26, August 2, 9, 2021. Washington, DC 20555–0001; telephone: respondents: 104. 301–415–2084; email: PLACE: Commissioners’ Conference [email protected]. 9. The estimated number of hours Room, 11555 Rockville Pike, Rockville, needed annually to comply with the Maryland. B. Submitting Comments information collection requirement or STATUS: Public. request: 1,782. The NRC encourages electronic MATTERS TO BE CONSIDERED: comment submission through the 10. Abstract: Section 50.55a of 10 CFR Federal Rulemaking Website (https:// incorporates by reference Division 1 Week of July 5, 2021 www.regulations.gov). Please include rules of Section III, ‘‘Rules for There are no meetings scheduled for Docket ID NRC–2021–0055 in your Construction of Nuclear Power Plant the week of July 5, 2021. comment submission. Components,’’ and Section XI, ‘‘Rules The NRC cautions you not to include for Inservice Inspection of Nuclear Week of July 12, 2021—Tentative identifying or contact information in Power Plant Components,’’ of the There are no meetings scheduled for comment submissions that you do not American Society of Mechanical the week of July 12, 2021. want to be publicly disclosed in your Engineers (ASME) Boiler and Pressure comment submission. All comment Vessel Code (B&PV Code); and the rules Week of July 19, 2021—Tentative submissions are posted at https:// of the ASME ‘‘Code for Operation and There are no meetings scheduled for www.regulations.gov/ and entered into Maintenance of Nuclear Power Plants’’ the week of July 19, 2021. ADAMS. Comment submissions are not (OM Code). These rules of the ASME Week of July 26, 2021—Tentative routinely edited to remove identifying B&PV and OM Codes set forth the or contact information. requirements to which nuclear power There are no meetings scheduled for If you are requesting or aggregating plant components are designed, the week of July 26, 2021. comments from other persons for constructed, tested, repaired, and Week of August 2, 2021—Tentative submission to the OMB, then you inspected. Section 50.55a(z) of 10 CFR should inform those persons not to allows applicants to use alternatives to There are no meetings scheduled for include identifying or contact the requirements of 10 CFR 50.55a the week of August 2, 2021. information that they do not want to be paragraphs (b) through (h) when Week of August 9, 2021—Tentative publicly disclosed in their comment authorized by the NRC. To facilitate submission. Your request should state licensees’ requests for alternatives to the There are no meetings scheduled for that comment submissions are not requirements in the above regulations, the week of August 9, 2021. routinely edited to remove such the NRC is providing an optional online CONTACT PERSON FOR MORE INFORMATION: information before making the comment form to submit the required information For more information or to verify the submissions available to the public or for a specific alternative request under status of meetings, contact Wesley Held entering the comment into ADAMS. 10 CFR 50.55a(z). at 301–287–3591 or via email at
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[email protected]. The schedule for FOR FURTHER INFORMATION CONTACT: to Add Priority Mail Contract 708 to Commission meetings is subject to David A. Trissell, General Counsel, at Competitive Product List and Notice of change on short notice. 202–789–6820. Filing Materials Under Seal; Filing The NRC Commission Meeting SUPPLEMENTARY INFORMATION: Acceptance Date: June 25, 2021; Filing Schedule can be found on the internet Authority: 39 U.S.C. 3642, 39 CFR at: https://www.nrc.gov/public-involve/ Table of Contents 3040.130 through 3040.135, and 39 CFR public-meetings/schedule.html. I. Introduction 3035.105; Public Representative: The NRC provides reasonable II. Docketed Proceeding(s) Kenneth R. Moeller; Comments Due: accommodation to individuals with I. Introduction July 6, 2021. disabilities where appropriate. If you This Notice will be published in the need a reasonable accommodation to The Commission gives notice that the Federal Register. participate in these public meetings or Postal Service filed request(s) for the Erica A. Barker, need this meeting notice or the Commission to consider matters related transcript or other information from the to negotiated service agreement(s). The Secretary. public meetings in another format (e.g., request(s) may propose the addition or [FR Doc. 2021–14177 Filed 7–1–21; 8:45 am] braille, large print), please notify Anne removal of a negotiated service BILLING CODE 7710–FW–P Silk, NRC Disability Program Specialist, agreement from the market dominant or at 301–287–0745, by videophone at the competitive product list, or the 240–428–3217, or by email at modification of an existing product SECURITIES AND EXCHANGE [email protected]. Determinations on currently appearing on the market COMMISSION requests for reasonable accommodation dominant or the competitive product will be made on a case-by-case basis. list. Sunshine Act Meetings Members of the public may request to Section II identifies the docket TIME AND DATE: Notice is hereby given, receive this information electronically. number(s) associated with each Postal Service request, the title of each Postal pursuant to the provisions of the If you would like to be added to the Government in the Sunshine Act, Public distribution, please contact the Nuclear Service request, the request’s acceptance date, and the authority cited by the Law 94–409, that the Securities and Regulatory Commission, Office of the Exchange Commission Asset Secretary, Washington, DC 20555, at Postal Service for each request. For each request, the Commission appoints an Management Advisory Committee 301–415–1969, or by email at (‘‘AMAC’’) will hold a public meeting [email protected] or Tyesha.Bush@ officer of the Commission to represent the interests of the general public in the on Wednesday, July 7, 2021 at 11:00 nrc.gov. a.m. The NRC is holding the meetings proceeding, pursuant to 39 U.S.C. 505 under the authority of the Government (Public Representative). Section II also PLACE: The meeting will be conducted in the Sunshine Act, 5 U.S.C. 552b. establishes comment deadline(s) by remote means. Members of the public pertaining to each request. may watch the webcast of the meeting Dated: June 30, 2021. The public portions of the Postal on the Commission’s website at For the Nuclear Regulatory Commission. Service’s request(s) can be accessed via www.sec.gov. Monika G. Coflin, the Commission’s website (http:// STATUS: The meeting will begin at 11:00 Technical Coordinator, Office of the www.prc.gov). Non-public portions of a.m. and will be open to the public by Secretary. the Postal Service’s request(s), if any, webcast on the Commission’s website at [FR Doc. 2021–14306 Filed 6–30–21; 11:15 am] can be accessed through compliance www.sec.gov. BILLING CODE 7590–01–P with the requirements of 39 CFR MATTER TO BE CONSIDERED: On June 15, 1 3011.301. 2021, the Commission issued notice of The Commission invites comments on the meeting (Release No. 34–92179), POSTAL REGULATORY COMMISSION whether the Postal Service’s request(s) indicating that the meeting is open to in the captioned docket(s) are consistent the public and inviting the public to [Docket Nos. MC2021–105 and CP2021–107] with the policies of title 39. For submit written comments to AMAC. request(s) that the Postal Service states This Sunshine Act notice is being New Postal Products concern market dominant product(s), issued because a majority of the applicable statutory and regulatory AGENCY: Postal Regulatory Commission. Commission may attend the meeting. ACTION: Notice. requirements include 39 U.S.C. 3622, 39 The meeting will include a discussion U.S.C. 3642, 39 CFR part 3030, and 39 of matters in the asset management SUMMARY: The Commission is noticing a CFR part 3040, subpart B. For request(s) industry relating to: (1) The ESG, recent Postal Service filing for the that the Postal Service states concern Diversity & Inclusion, and Private Commission’s consideration concerning competitive product(s), applicable Investments Subcommittees, including a negotiated service agreement. This statutory and regulatory requirements potential recommendations from those notice informs the public of the filing, include 39 U.S.C. 3632, 39 U.S.C. 3633, Subcommittees; and (2) the Evolution of invites public comment, and takes other 39 U.S.C. 3642, 39 CFR part 3035, and Advice Subcommittee, including a administrative steps. 39 CFR part 3040, subpart B. Comment panel discussion. DATES: Comments are due: July 6, 2021. deadline(s) for each request appear in CONTACT PERSON FOR MORE INFORMATION: section II. ADDRESSES: Submit comments For further information, please contact electronically via the Commission’s II. Docketed Proceeding(s) Vanessa A. Countryman from the Office Filing Online system at http:// of the Secretary at (202) 551–5400. www.prc.gov. Those who cannot submit 1. Docket No(s).: MC2021–105 and comments electronically should contact CP2021–107; Filing Title: USPS Request Dated: June 30, 2021. the person identified in the FOR FURTHER Vanessa A. Countryman, 1 INFORMATION CONTACT See Docket No. RM2018–3, Order Adopting Secretary. section by Final Rules Relating to Non-Public Information, telephone for advice on filing June 27, 2018, Attachment A at 19–22 (Order No. [FR Doc. 2021–14381 Filed 6–30–21; 4:15 pm] alternatives. 4679). BILLING CODE 8011–01–P
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SMALL BUSINESS ADMINISTRATION Suite 6050, Washington, DC 20416, 1, 1995. This notice includes revisions, (202) 205–6734. and an extension of OMB-approved Interest Rates SUPPLEMENTARY INFORMATION: Notice is information collections. SSA is soliciting comments on the The Small Business Administration hereby given that as a result of the accuracy of the agency’s burden publishes an interest rate called the Administrator’s disaster declaration, estimate; the need for the information; optional ‘‘peg’’ rate (13 CFR 120.214) on applications for disaster loans may be its practical utility; ways to enhance its a quarterly basis. This rate is a weighted filed at the address listed above or other quality, utility, and clarity; and ways to average cost of money to the locally announced locations. minimize burden on respondents, government for maturities similar to the The following areas have been including the use of automated average SBA direct loan. This rate may determined to be adversely affected by collection techniques or other forms of be used as a base rate for guaranteed the disaster: information technology. Mail, email, or fluctuating interest rate SBA loans. This Primary Counties: Osborne. fax your comments and rate will be 2.00 percent for the July– Contiguous Counties: Kansas: Ellis, recommendations on the information September quarter of FY 2021. Jewell, Lincoln, Mitchell, Rooks, collection(s) to the OMB Desk Officer Pursuant to 13 CFR 120.921(b), the Russell, Smith. and SSA Reports Clearance Officer at maximum legal interest rate for any The Interest Rates are: the following addresses or fax numbers. third party lender’s commercial loan which funds any portion of the cost of Percent (OMB) Office of Management and a 504 project (see 13 CFR 120.801) shall Budget, Attn: Desk Officer for SSA. For Physical Damage: Comments: https://www.reginfo.gov/ be 6% over the New York Prime rate or, Homeowners with Credit Avail- if that exceeds the maximum interest able Elsewhere ...... 3.250 public/do/PRAMain. Submit your rate permitted by the constitution or Homeowners without Credit comments online referencing Docket laws of a given State, the maximum Available Elsewhere ...... 1.625 ID Number [SSA–2021–0016]. interest rate will be the rate permitted Businesses with Credit Avail- (SSA) Social Security Administration, by the constitution or laws of the given able Elsewhere ...... 5.760 OLCA, Attn: Reports Clearance State. Businesses without Credit Director, 3100 West High Rise, 6401 Available Elsewhere ...... 2.880 Security Blvd., Baltimore, MD 21235, John Wade, Non-Profit Organizations with Fax: 410–966–2830, Email address: Chief, Secondary Market Division. Credit Available Elsewhere ... 2.000 [email protected]. Non-Profit Organizations with- [FR Doc. 2021–14248 Filed 7–1–21; 8:45 am] out Credit Available Else- Or you may submit your comments BILLING CODE P where ...... 2.000 online through https://www.reginfo.gov/ For Economic Injury: public/do/PRAMain, referencing Docket Businesses & Small Agricultural ID Number [SSA–2021–0016]. SMALL BUSINESS ADMINISTRATION Cooperatives without Credit The information collections below are Available Elsewhere ...... 2.880 pending at SSA. SSA will submit them [Disaster Declaration #17003 and #17004; Non-Profit Organizations with- Kansas Disaster Number KS–00145] out Credit Available Else- to OMB within 60 days from the date of where ...... 2.000 this notice. To be sure we consider your Administrative Declaration of a comments, we must receive them no Disaster for the State of Kansas The number assigned to this disaster later than August 31, 2021. Individuals can obtain copies of the collection AGENCY: U.S. Small Business for physical damage is 17003 6 and for instruments by writing to the above Administration. economic injury is 17004 0. The State which received an EIDL email address. ACTION: Notice. Declaration # is Kansas. 1. Request for Withdrawal of Application—20 CFR 404.640—0960– SUMMARY: This is a notice of an (Catalog of Federal Domestic Assistance Administrative declaration of a disaster Number 59008) 0015. Form SSA–521, Request for Withdrawal of Application, allows for the State of KANSAS dated 06/28/ Isabella Guzman, 2021. claimants to specify which application Administrator. Incident: Flooding. they want to withdraw and the reason Incident Period: 05/15/2021 through [FR Doc. 2021–14154 Filed 7–1–21; 8:45 am] for the withdrawal. Form SSA–521 is 05/16/2021. BILLING CODE 8026–03–P our preferred instrument for a withdrawal request; however, any DATES: Issued on 06/28/2021. written request for withdrawal signed Physical Loan Application Deadline SOCIAL SECURITY ADMINISTRATION by the claimant or a proper applicant on Date: 08/27/2021. the claimant’s behalf will suffice. Economic Injury (EIDL) Loan [Docket No: SSA–2021–0016] Individuals who wish to withdraw their Application Deadline Date: 03/28/2022. Agency Information Collection applications for benefits complete Form ADDRESSES: Submit completed loan Activities: Proposed Request SSA–521, or sign the completed form applications to: U.S. Small Business for each request to withdraw. SSA uses Administration, Processing and The Social Security Administration the information from Form SSA–521 to Disbursement Center, 14925 Kingsport (SSA) publishes a list of information process the request for withdrawal. The Road, Fort Worth, TX 76155. collection packages requiring clearance respondents are applicants for FOR FURTHER INFORMATION CONTACT: by the Office of Management and Retirement, Survivors, Disability, and A. Escobar, Office of Disaster Budget (OMB) in compliance with Health Insurance benefits. Assistance, U.S. Small Business Public Law 104–13, the Paperwork Type of Request: Revision of an OMB- Administration, 409 3rd Street SW, Reduction Act of 1995, effective October approved information collection.
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Average Average Estimated theoretical Total annual Modality of completion Number of Frequency burden per total annual hourly cost opportunity respondents of response response burden amount cost (minutes) (hours) (dollars) * (dollars) **
Respondents applying for or receiving Retirement, Survivors, or Health Insur- ance benefits ...... 60,753 1 5 5,063 * $10.95 ** $55,440 Respondents applying for or receiving Disability benefits ...... 14,374 1 5 1,198 * 10.95 ** 13,118
Totals ...... 75,127 ...... 6,261 ...... ** 68,558 * We based this figure on the average DI payments based on SSA’s current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.pdf). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rath- er, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
2. Statement of Employer—20 CFR to document the alleged wages. able to locate the earnings information 404.801–404.803—0960–0030. When Specifically, the agency uses the form to within our own records. The workers report they were paid wages but resolve discrepancies in the individual’s respondents are employers who can cannot provide proof of those earnings, Social Security earnings record and to verify wage allegations made by wage and the wages do not appear in SSA’s process claims for Social Security earners. records of earnings, SSA uses Form benefits. We only send Form SSA– Type of Request: Revision of an OMB- SSA–7011–F4, Statement of Employer, 7011–F4 to employers if we are unable approved information collection.
Average Average Estimated theoretical Total annual Modality of completion Number of Frequency burden per total annual hourly cost opportunity respondents of response response burden amount cost (minutes) (hours) (dollars) * (dollars) **
SSA–7011–F4 ...... 500 1 30 250 *$27.07 **$6,768 * We based this figure on average U.S. worker’s hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/ oes_nat.htm#00-0000). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rath- er, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
3. Statement of Care and most qualified representative payee who beneficiary, SSA obtains information Responsibility for Beneficiary—20 CFR will use Social Security benefits in the from the custodian for evaluation 404.2020, 404.2025, 408.620, 408.625, beneficiary’s best interest. SSA against information the applicant 416.620, and 416.625—0960–0109. SSA considers factors such as the payee provides. Respondents are individuals uses the information from Form SSA– applicant’s capacity to perform payee who have custody of the beneficiary in 788, Statement of Care and duties; awareness of the beneficiary’s cases where someone else has filed to be Responsibility for Beneficiary, to verify situation and needs; demonstration of the beneficiary’s representative payee. payee applicants’ statements of concern, past, and current concern for the and to identify other potential payees. beneficiary’s well-being If the payee Type of Request: Revision of an OMB- SSA is concerned with selecting the applicant does not have custody of the approved information collection.
Average Average Estimated theoretical Total annual Modality of completion Number of Frequency burden per total annual hourly cost opportunity respondents of response response burden amount cost (minutes) (hours) (dollars) * (dollars) **
SSA–788 ...... 134,000 1 10 22,333 *$27.07 **$604,554 * We based this figures on average U.S. citizen’s hourly salary, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/ oes_nat.htm#00-00000). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rath- er, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
4. Third Party Liability Information require Medicaid state agencies to determinations for aged, blind, and Statement—42 CFR 433.136–433.139— obtain this information on Medicaid disabled beneficiaries in those states. 0960–0323. To reduce Medicaid costs, applications and redeterminations as a Applications for and redeterminations Medicaid state agencies identify third condition of Medicaid eligibility. States of Supplemental Security Income (SSI) party insurers liable for medical care or may enter into agreements with the eligibility in jurisdictions with such services for Medicaid beneficiaries. Commissioner of Social Security to agreements are applications and Regulations at 42 CFR 433.136–433.139 make Medicaid eligibility redeterminations of Medicaid eligibility.
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Under these agreements, SSA obtains Medicaid state agencies. The Medicaid payer of last resort. The respondents are third party liability information using state agencies use the information to bill SSI claimants and recipients. Form SSA–8019–U2, Third Party third parties liable for medical care, Type of Request: Revision of an OMB- Liability Information Statement, and support, or services for a beneficiary to approved information collection. provides that information to the guarantee that Medicaid remains the
Average Average wait time in Average Estimated theoretical field office Total annual Modality of completion Number of Frequency burden per total annual hourly cost or for opportunity respondents of response response burden amount teleservice cost (minutes) (hours) (dollars) * centers (dollars) *** (minutes) **
SSA–8019–U2 (Paper) 200 1 6 20 * $19.01 ...... *** $380 SSI Claims System (Intranet) ...... 35,257 1 6 3,526 *19.01 **21 ***301,613
Totals ...... 35,457 ...... 3,546 ...... *** 301,993 * We based this figure on averaging both the average DI payments based on SSA’s current FY 2021 data (https://www.ssa.gov/legislation/ 2021FactSheet.pdf), and the average U.S. worker’s hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/cur- rent/oes_nat.htm). ** We based this figure on averaging both the average FY 2021 wait times for field offices and teleservice centers, based on SSA’s current management information data. *** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
5. Certificate of Election for Reduced age; and (2) no longer caring for a child. Respondents are entitled spouses Spouse’s Benefits—20 CFR 404.421— In this situation, spouses who decide to seeking reduced Social Security 0960–0398. SSA cannot pay reduced elect reduced benefits must file Form benefits. Social Security benefits to an already SSA–25, Certificate of Election for Type of Request: Revision of an OMB entitled spouse unless the spouse elects Reduced Spouse’s Benefits. SSA uses approved information collection. to receive reduced benefits and is (1) at the information to pay qualified spouses least age 62, but under full retirement who elect to receive reduced benefits.
Average Average Estimated theoretical Total annual Modality of completion Number of Frequency burden per total annual hourly cost opportunity respondents of response response burden amount cost (minutes) (hours) (dollars) * (dollars) **
SSA–25 ...... 30,000 1 13 6,500 *$27.07 **$175,955 * We based this figures on average U.S. citizen’s hourly salary, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/ oes_nat.htm#00-00000). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rath- er, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
6. Permanent Residence in the United SSA verifies the validity of the evidence and 416.1618 specify the information States Under Color of Law (PRUCOL)— of PRUCOL for grandfathered respondents need to submit to SSA to 20 CFR 416.1615 and 416.1618—0960– nonqualified aliens with the Department show evidence of PRUCOL. Without 0451. Under 20 CFR 416.1415 and of Homeland Security (DHS) using the this information, SSA is unable to 416.1618, SSA requires claimants or DHS Systemic Alien Verification for determine whether the PRUCOL recipients to submit evidence of their Entitlements (SAVE) program. SSA individual is eligible for SSI payments. alien status when they apply for SSI determines if the individual qualifies for Respondents are qualified and payments, and periodically thereafter as PRUCOL status based on the SAVE unqualified aliens who apply for SSI part of the eligibility determination program response. SSA does not payments under PRUCOL. process for SSI. When SSA cannot maintain any forms or applications for verify evidence of alien status through respondents to use, rather, the Type of Request: Extension of an the regular claimant interview process, regulations listed in 20 CFR 416.1615 OMB-approved information collection.
Average Average Estimated theoretical Total annual Modality of completion Number of Frequency burden per total annual hourly cost opportunity responses of response response burden amount cost (minutes) (hours) (dollars) * (dollars) **
Personal Interview ...... 1,049 1 5 87 * $27.07 ** $2,355 * We based this figure on average U.S. worker’s hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/ oes_nat.htm#00-0000).
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** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rath- er, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
7. Request for Deceased Individual’s name and address of the requestor as (1) Verify the wage earner is deceased; Social Security Record—20 CFR well as a description of the requested and (2) access the correct Social 402.130—0960–0665. The Freedom of record to process the request. SSA uses Security record. Respondents are Information Act (FOIA), at 5 U.S.C. the information the respondent provides members of the public requesting 552(a)(3) of the U.S. Code, provides on Form SSA–711, Request for Deceased deceased individuals’ Social Security instructions for members of the public Individual’s Social Security Record, or records. to request records from Federal via an internet request through SSA’s agencies. When a member of the public Type of Request: Revision of an OMB- electronic Freedom of Information Act approved information collection. requests an individual’s Social Security (eFOIA) website, to: record under FOIA, SSA needs the
Average Average Estimated theoretical Average Total annual Modality of completion Number of Frequency burden per total annual hourly cost wait time in opportunity respondents of response response burden amount field office cost (minutes) (hours) (dollars) * (minutes) ** (dollars) ***
Internet Request through eFOIA ...... 49,800 1 7 5,810 * $27.07 ...... *** $157,277 SSA–711 (paper) ...... 200 1 7 23 * 27.07 ** 24 *** 2,788
Total ...... 50,000 ...... 5,833 ...... *** 160,065 * We based this figure on average U.S. worker’s hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/ oes_nat.htm#00-0000). ** We based this figure on the average FY 2021 wait times for field offices, based on SSA’s current management information data. *** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
8. Request for Business Entity uses the information to issue a Form information, and updating individual Taxpayer Information—0960–0731. SSA 1099–MISC. SSA also uses the affiliations. Respondents are law firms requires law firms or other business information to allow business entities to or other business entities with attorneys entities to complete Form SSA–1694, designate individuals to serve as entity or other qualified individuals as Request for Business Entity Taxpayer administrators authorized to perform partners or employees who represent Information, if they wish to serve as certain administrative duties on their claimants before SSA. appointed representatives and receive behalf, such as providing bank account Type of Request: Revision of an OMB- direct payment of fees from SSA. SSA information, maintaining entity approved information collection.
Average Average Estimated theoretical Total annual Modality of completion Number of Frequency burden per total annual hourly cost opportunity respondents of response response burden amount cost (minutes) (hours) (dollars) * (dollars) **
SSA–1694 (Paper) ...... 366 1 20 122 * $61.03 ** $7,446 BSO online submission ...... 103 1 20 34 * 61.03 ** 2,075
Totals ...... 469 ...... 156 ...... ** 9,521 * We based this figure on the average legal occupation’s hourly salary, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/ current/oes_nat.htm#00-00000). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rath- er, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
Dated: June 29, 2021. DEPARTMENT OF STATE Department with a continuing source of Eric Lowman, independent insight, advice, and Acting Reports Clearance Officer, Office of [Public Notice: 11456] innovation on all aspects of arms Legislative Development and Operations, control, disarmament, nonproliferation, Social Security Administration. Renewal of International Security outer space, critical infrastructure, [FR Doc. 2021–14167 Filed 7–1–21; 8:45 am] Advisory Board Charter cybersecurity, the national security BILLING CODE 4191–02–P SUMMARY: The Department of State aspects of emerging technologies, and announces the renewal of the Charter international security, as well as related for the International Security Advisory aspects of public diplomacy. The ISAB Board (ISAB). The purpose of the will remain in existence for two years Secretary’s International Security after the filing date of the Charter unless Advisory Board (ISAB) is to provide the terminated or renewed.
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FOR FURTHER INFORMATION CONTACT: Neil The following is a brief overview of Avenue SE, Washington, DC 20590, Couch, Executive Director of the the request: (202) 360–2925, [email protected]. Any International Security Advisory Board, The City of Houston requests the committee-related request or submission Department of State, Washington, DC release of 3.95 acres of non-aeronautical should be sent via email to the person 20520, telephone: (202) 647–0902. airport property. The land was acquired listed in this section. Information may Authority: 5 U.S.C. Appendix and 41 CFR by Indenture and Deed without Warrant also be submitted by docket through 102–3.65. from the United States on July 1, 1984 Docket Number FMCSA–2006–26367 and August 21, 1984 respectively. Any using any of the following methods: Johnny Neil Couch, person may inspect the request at the • Federal eRulemaking Portal: Go to Executive Director, International Security FAA listed above under FOR FURTHER http://www.regulations.gov. Follow the Advisory Board, U.S. Department of State. INFORMATION CONTACT. online instructions for submitting [FR Doc. 2021–14189 Filed 7–1–21; 8:45 am] In addition, any person may, upon comments. BILLING CODE 4710–35–P request inspect the application, notice • Fax: 202–493–2251. and other documents relevant to the • Mail: Docket Operations; U.S. application in person at Ellington Field, Department of Transportation, 1200 DEPARTMENT OF TRANSPORTATION telephone number (713) 847–4200. New Jersey Avenue SE, Room W12–140, Washington, DC 20590. Issued in Fort Worth, Texas, on May 17, • Federal Aviation Administration 2021. Hand Delivery: Docket Operations, Ignacio Flores, U.S. Department of Transportation, 1200 Notice of Intent To Rule on a Land New Jersey Avenue SE, West Building, Release Request at Ellington Field, Manager, Airports Division, FAA, Southwest Region. Room W12–140, Washington, DC, Houston, Texas between 9 a.m. and 5 p.m., E.T. Monday [FR Doc. 2021–14229 Filed 7–1–21; 8:45 am] through Friday, except Federal holidays. AGENCY: Federal Aviation BILLING CODE 4910–13–P Administration (FAA), DOT. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– ACTION: Notice of request to release 9826 before visiting Docket Operations. airport property. DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: SUMMARY: Federal Motor Carrier Safety The FAA proposes to rule and I. Background invite public comment on the release of Administration land at Ellington Field under the [Docket No. FMCSA–2006–26367] Purpose of the Committee provisions of Section 125 of the MCSAC was established to provide Wendell H. Ford Aviation Investment Motor Carrier Safety Advisory FMCSA with advice and Reform Act for the 21st Century (AIR Committee (MCSAC); Public Meeting recommendations on motor carrier 21). safety programs and motor carrier safety AGENCY: Federal Motor Carrier Safety DATES: Comments must be received on Administration (FMCSA), DOT. regulations. MCSAC is composed of up or before August 2, 2021. to 25 voting representatives from safety ACTION: Notice of advisory committee advocacy, safety enforcement, labor, and ADDRESSES: Comments on this meeting. application may be emailed to the FAA industry stakeholders of motor carrier at the following address: Mr. Jesse SUMMARY: FMCSA announces a meeting safety. The diversity of the Committee Carriger, Manager, 7-ASW-TX-ADO@ of the MCSAC, which will take place via ensures the requisite range of views and faa.gov, Federal Aviation videoconference. expertise necessary to discharge its Administration, Southwest Region, DATES: The meeting will be held responsibilities. The committee operates Airports Division, Texas Airports Monday and Tuesday, July 19 and 20, as a discretionary committee under the Development Office, ASW–650, 10101 2021, from 9:15 a.m. to 4:30 p.m., authority of the U.S. Department of Hillwood Parkway, Fort Worth, Texas Eastern Time. Requests for Transportation (DOT), established in 76177. accommodations because of a disability accordance with the provisions of the In addition, one copy of any must be received by Friday, July 9, Federal Advisory Committee Act comments submitted to the FAA must 2021. Requests to submit written (FACA), as amended 5 U.S.C. App. 2. be mailed or delivered to Mr. Arturo materials to be reviewed during the Meeting Agenda Machuca, General Manager, at the meeting must be received no later than On Tuesday, the MCSAC will begin following address: 11602 Aerospace July 9, 2021. Avenue, Houston, Texas, 77034. considering Task 21–1, relating to ADDRESSES: The meeting will be held supply chains for the transportation FOR FURTHER INFORMATION CONTACT: Mr. via videoconference. Those members of industrial base. Task 21–1 will include Roman Pin˜ on, Lead Civil Engineer, the public who would like to participate discussions about workforce skills for Federal Aviation Administration, Texas should go to https://www.fmcsa.dot.gov/ the motor carrier sector and identified Airports District Office, 10101 Hillwood advisory-committees/mcsac/meetings to gaps, opportunities, and potential best Parkway, Fort Worth, Texas 76177, access the meeting, task statements, a practices in meeting the future Telephone: (817) 222–5613, Email: detailed agenda for the entire meeting, workforce needs and driver retention for [email protected], Fax: (817) 222– meeting minutes and additional the motor carrier industry, as well as the 5989. information on the committee and its role of transportation systems in The request to release property may activities. supporting existing supply chains and be reviewed in person at this same FOR FURTHER INFORMATION CONTACT: Ms. risks associated with those location. Shannon L. Watson, Senior Advisor to transportation systems and the safe and SUPPLEMENTARY INFORMATION: The FAA the Associate Administrator for Policy, efficient transportation of passengers invites public comment on the request Federal Motor Carrier Safety and freight across our Nation. Following to release property at Ellington Field Administration, U.S. Department of its initial consideration of data and under the provisions of the AIR 21. Transportation, 1200 New Jersey presentations on the topic, the MCSAC
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will engage its Driver Subcommittee for a written statement after the meeting ACTION: Notice of a modified system of its consideration of workforce needs, at deadline, and it will be presented to the records. a meeting later this summer. committee. Additionally, MCSAC will resume SUMMARY: In accordance with the consideration of the following issues: Larry W. Minor, Privacy Act of 1974, the Department of • Task 20–2 will focus on the impact Associate Administrator for Policy. the Treasury (‘‘Treasury’’ or the of the aging demographic of the [FR Doc. 2021–14214 Filed 7–1–21; 8:45 am] ‘‘Department’’), Treasury proposes to commercial motor vehicle driver BILLING CODE 4910–EX–P modify a current Treasury system of workforce on the truck and bus records titled, ‘‘Department of the industries and whether this trend will Treasury, Treasury .001—Treasury exacerbate the driver shortage problem. Payroll and Personnel System’’ System Stakeholders have expressed concerns DEPARTMENT OF THE TREASURY of Records. The records and information about the need to address the driver collected and maintained in this system shortage, including options for allowing Internal Revenue Service includes, but are not limited to: (1) younger drivers to enter the industry. Maintaining current and historical Art Advisory Panel—Notice of How would an aging workforce impact payroll records that are used to compute Availability of Report of 2020 Closed motor carriers’ ability to deliver services and audit pay entitlement; to record Meetings and goods safely in interstate history of pay transactions; to record commerce? For this task, FMCSA will AGENCY: Internal Revenue Service, deductions, leave accrued and taken, consider data by agency experts on the Treasury. bonds due and issued, taxes paid; distribution of age among CMV drivers. maintaining and distributing Leave and ACTION: Notice. • Task 20–1 will provide the MCSAC Earnings statements; commence and with the opportunity to discuss changes SUMMARY: A report summarizing the terminate allotments; answer inquiries to the package and small goods delivery closed meeting activities of the Art and process claims; and (2) maintaining sector. A number of companies are now Advisory Panel during Fiscal Year 2020 current and historical personnel records using small vehicles (e.g., vehicles with has been prepared. A copy of this report and preparing individual administrative a gross vehicle weight rating less than has been filed with the Assistant transactions relating to education and 10,000 pounds, etc.) to deliver goods Secretary for Management of the training; classification; assignment; and there appears to be a gap in safety Department of the Treasury. career development; evaluation; oversight of both drivers and vehicles. promotion, compensation, separation DATES: Effective Date: This notice is For this task, members will hear from and retirement; making decisions on the effective June 28, 2021. Agency experts on trends in the Fatality rights, benefits, entitlements and the Analysis Reporting System (FARS) and ADDRESSES: The report is available at utilization of individuals; providing a Motor Carrier Management Information https://www.irs.gov/compliance/ data source for the production of System (MCMIS) crash and highway appeals/art-appraisal-services. reports, statistical surveys, rosters, safety data. FOR FURTHER INFORMATION CONTACT: documentation, and studies required for II. Meeting Participation Robin B. Lawhorn, AP:SPR:AAS, the orderly personnel administration within Treasury; (3) maintaining While not required, advance Internal Revenue Service/Independent employment history; and (4) perform registration is encouraged. To indicate Office of Appeals, 400 West Bay Street, personnel and payroll functions for that you will attend, please register at Suite 252, Jacksonville, FL 32202, Federal agencies for which Treasury is www.fmcsa.dot.gov/mcsac by the Telephone number (904) 661–3198 (not a toll free number). a cross-services provider and to conduct deadline referenced in the DATES activities necessary to carry-out the section. The meeting will be open to the SUPPLEMENTARY INFORMATION: It has been official HR line of business for all public for its entirety. The U.S. determined that this document is not a Federal departments and agencies that Department of Transportation is major rule as defined in Executive Order are serviced by the National Finance committed to providing equal access to 12291 and that a regulatory impact Center (NFC); (5) producing of reports, this meeting for all participants. If you analysis is, therefore, not required. statistical surveys, rosters, need alternative formats or services Additionally, this document does not documentation, and studies required for because of a disability, such as sign constitute a rule subject to the the orderly personnel administration language, interpretation, or other Regulatory Flexibility Act (5 U.S.C. within Treasury, and (6) maintaining ancillary aids, please contact the person Chapter 6). information about Treasury personnel listed in the FOR FURTHER INFORMATION Authority: 5 U.S.C. App. 2, section 10(d), and their dependents for needs and CONTACT section. of the Federal Advisory Committee Act, and status assessments to determine if they Oral comments from the public will 5 U.S.C. 552b, of the Government in the be heard throughout the meeting, at the Sunshine Act. are entitled to a benefit related to a natural or man-made disaster, a public discretion of the MCSAC chairman and Andrew J. Keyso, designated federal officer. Additionally, health emergency, or similar crisis. Chief, Independent Office of Appeals. to ensure that all participants have had DATES: Submit comments on or before the opportunity to have their comments [FR Doc. 2021–14170 Filed 7–1–21; 8:45 am] August 2, 2021. The modification of the heard, the agenda will include a public BILLING CODE 4830–01–P system of records notice will be comment period at the end of each day’s applicable on August 2, 2021. session. Members of the public may ADDRESSES: Written comments on this DEPARTMENT OF THE TREASURY submit written comments to the person notice may be submitted electronically listed in the FOR FURTHER INFORMATION Privacy Act of 1974; System of through the Federal government CONTACT section on the topics to be Records eRulemaking portal at http:// considered during the meeting by the www.regulations.gov. Electronic deadline referenced in DATES section. AGENCY: Departmental Offices, submission of comments allows the Any member of the public may submit Department of the Treasury. commenter maximum time to prepare
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and submit a comment, ensures timely Treasury.’’ The updated routine use makes it b. The Office of Inspector General receipt, and enables the Treasury to clear and more specific that the records may (OIG): 740 15th Street NW, Washington, make the comments available to the be disclosed to contractors, grantees, experts, DC 20220. consultants, students, other federal agencies, public. Please note that comments and others performing or working on a c. Special Inspector General for submitted through https:// contract, service, grant, cooperative Pandemic Recovery (SIGPR): 1500 www.regulations.gov will be public and agreement, or other assignment for the Pennsylvania Avenue NW, Washington, can be viewed by members of the Department of the Treasury as required, (5) DC 20220. public. Due to COVID–19-related add Executive Orders 9397, as amended by d. Special Inspector General for the restrictions, Treasury has suspended its 13478, 9830, and 12107 relating to Federal Troubled Asset Relief Program ability to receive public comments by agency use of Social Security Numbers. (SIGTARP): 1801 L Street NW, mail. These Executive Orders authorize collection of the Social Security Number. The Washington, DC 20220. In general, Treasury will post all information maintained in the system is e. Treasury Inspector General for Tax comments to https:// collected to evaluate individuals for specific Administration (TIGTA): 1125 15th www.regulations.gov without change, employment opportunities, and (6) add the Street NW, Suite 700A, Washington, DC including any business or personal American Rescue Plan Act of 2021 (Pub. L. 20005. information provided, such as names, 117–2) as an authority. The American Rescue (2) Alcohol and Tobacco Tax and addresses, email addresses, or telephone Plan Act of 2021 provides federal employees Trade Bureau (TTB): 1310 G St. NW, numbers. All comments received, with emergency paid leave (EPL) for reasons Washington, DC 20220. including attachments and other related to COVID–19. This paid leave entitlement is similar to the emergency paid (3) Office of the Comptroller of the supporting material, will be part of the sick leave (EPSL) provided under the Currency (OCC): 400 7th Street SW, public record and subject to public Families First Coronavirus Response Act, but Washington, DC 20024. disclosure. You should only submit it is not a revival of EPSL. EPL may be used (4) Bureau of Engraving and Printing information that you wish to make from March 11, 2021, through Sept. 30, 2021 (BEP): 14th & C Streets SW, Washington, publicly available. by employees unable to work. DC 20228. FOR FURTHER INFORMATION CONTACT: For Treasury has provided a report of this (5) Fiscal Service (FS): 401 14th Street general questions, please contact: system of records to the Committee on SW, Washington, DC 20227. Colleen Heller-Stein, 202–927–4800, Oversight and Government Reform of (6) Internal Revenue Service (IRS): Acting Deputy Assistant Secretary for the House of Representatives, the 1111 Constitution Avenue NW, Human Resources/Chief Human Capital Committee on Homeland Security and Washington, DC 20224. Officer, 1500 Pennsylvania Avenue NW, Governmental Affairs of the Senate, and (7) United States Mint (MINT): Avery Washington, DC 20220. For privacy the Office of Management and Budget Street Building, 320 Avery Street, issues, please contact: The Department (OMB), pursuant to 5 U.S.C. 552a(r) and Parkersburg, WV, and 801 9th St. NW, of the Treasury, Office of Privacy and OMB Circular A–108, ‘‘Federal Agency Washington DC 20220. Civil Liberties via email at privacy@ Responsibilities for Review, Reporting, (8) Bureau of Public Debt (BPD): 999– treasury.gov. and Publication under the Privacy Act,’’ E Street NW, Washington, DC 20239. SUPPLEMENTARY INFORMATION: In dated December 23, 2016. (9) Financial Crimes Enforcement accordance with the Privacy Act of Dated: June 10, 2021. Network (FinCEN), Vienna, VA 22183– 1974, the Department of the Treasury Ryan Law, 0039. (‘‘Treasury’’ or the ‘‘Department’’), Deputy Assistant Secretary for Privacy, SYSTEM MANAGER: Treasury proposes to modify a current Transparency, and Records. Treasury system of records titled, Department of the Treasury: Official ‘‘Department of the Treasury, Treasury SYSTEM NAME AND NUMBER: prescribing policies and practices: Chief .001—Treasury Payroll and Personnel Department of the Treasury.001— Human Capital Officer/Deputy Assistant System’’ System of Records. Treasury Payroll and Personnel System. Secretary for Human Resources, 1500 Pennsylvania Avenue NW, Washington, The proposed modification to the SECURITY CLASSIFICATION: system of records makes the following DC 20220. Unclassified. substantive changes: The systems managers for the Treasury bureaus and offices are: Treasury is modifying and publishing the SYSTEM LOCATION: modified system of records notice to add (1) The Shared Development Center of (1) a. DO: Deputy Assistant Secretary one authority to collect, (2) one additional the Treasury Personnel/Payroll System for Human Resources/Chief Human purpose (producing of reports, statistical is located at 1750 Pennsylvania Avenue Capital Officer, 1500 Pennsylvania surveys, rosters, documentation, and studies NW, Suite 1300, Washington, DC 20220. Avenue NW, Washington, DC 20220. required for the orderly personnel The Treasury Personnel System b. OIG: Personnel Officer, 740 15th administration within Treasury), (3) add 6 Street NW, Suite 500, Washington, DC new routine uses (1–6 of this notice), and (4) processing site is located at the Internal Revenue Service Detroit Computing 20220. update the routine use 23 (formerly 17). This c. SIGPR: Special Inspector General update includes disclosing information to the Center, 985 Michigan Avenue, Detroit, Department of Justice, appropriate federal, MI 48226. The Treasury Payroll for Pandemic Recovery, 1500 state, local, tribal, foreign, or international processing site is located at the United Pennsylvania Avenue NW, Washington, agency, Congressional office, the National States Department of Agriculture DC 20220. Archives and Records Administration National Finance Center, 13800 Old d. SIGTARP: Special Inspector Archivist, and the 2 breach response routine Gentilly Road, New Orleans, LA 70129. General for the Troubled Asset Relief uses. Additionally, this modification The locations at which the system is Program, 1801 L Street NW, includes an update to the authority to collect. Washington, DC 20220. The updated routine use 23 is consistent maintained by all Treasury bureaus and with the purposes of the original SORN that offices and their associated field offices e. TIGTA: Director, Human Resources, the records will be used for ‘‘production of are: 1125 15th Street NW, Suite 700A, reports, statistical surveys, rosters, (1) Departmental Offices (DO): Washington, DC 20005. documentation, and studies required for the a. 1500 Pennsylvania Ave. NW, (2) TTB: Chief, Personnel Division, orderly personnel administration within Washington, DC 20220. 1310 G St. NW, Washington, DC 20220.
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(3) OCC: Director, Human Resources, Federal agencies for which Treasury is location, and accounting classification 400 7th Street SW, Washington, DC a cross-services provider and to conduct codes; 20024. activities necessary to carry-out the (4) payroll data such as earnings (4) BEP: Chief, Office of Human official HR line of business for all (overtime and night differential), Resources, 14th & C Streets SW, Room Federal departments and agencies that deductions (Federal, state, and local 202–13A, E&P Annex, Washington, DC are serviced by the National Finance taxes, bonds and allotments), and time 20228. Center (NFC), (5) producing of reports, and attendance data; (5) FS: Director, Personnel statistical surveys, rosters, (5) employee retirement and Thrift Management Division, 3700 East-West documentation, and studies required for Savings Plan data; Hwy., Room 115–F, Hyattsville, MD the orderly personnel administration (6) employment history, and 20782. within Treasury; and (6) maintaining (7) tables of data for editing, reporting, (6) IRS: Associate Director, information about Treasury personnel and processing personnel and pay Transactional Processing Operations, and their dependents for needs and actions. These include nature of action 1111 Constitution Avenue NW, CP6, status assessments to determine if they codes, civil service authority codes, A:PS:TP, 2nd Floor, Washington, DC are entitled to a benefit related to a standard remarks, signature block table, 20224. natural or man-made disaster, a public position title table, financial (7) MINT: Associate Director for health emergency, or similar crisis. organization table, and salary tables. Workforce Solutions, 801 9th Street Consistent with Treasury’s (8) employees and former employees’ NW, 7th Floor, Washington, DC 20220. information-sharing mission, dependents and family members’ data, (8) FinCEN: Chief of Personnel and information stored in Department of the including but not limited to full name, Training, Vienna, VA 22183–0039. Treasury, Treasury .001—Treasury date of birth, age, and healthcare A list of the Federal agencies for Payroll and Personnel System may be provider information. which Treasury is a cross-services shared with other Treasury Bureaus, as RECORD SOURCE CATEGORIES: provider and their respective system well as appropriate federal, state, local, The information contained in these managers may be obtained by contacting tribal, foreign, or international records is provided by or verified by the the Chief Human Capital Officer/Deputy government agencies. This sharing will subject of the record, supervisors, and Assistant Secretary for Human only occur after Treasury determines non-Federal sources such as private Resources, at the address shown above. that the receiving Bureau or agency has employers. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: a need to know the information to carry out national security, law enforcement, ROUTINE USES OF RECORDS MAINTAINED IN THE 5 U.S.C. 301; 31 U.S.C. 321; intelligence, or other functions SYSTEM, INCLUDING CATEGORIES OF USERS AND Homeland Security Presidential PURPOSES OF SUCH USES consistent with the routine uses set : Directive 12 (HSPD–12), and Treasury forth in this system of records notice. In addition to those disclosures Directive 80–05, Records and generally permitted under the Privacy Information Management Program, CATEGORIES OF INDIVIDUALS COVERED BY THE Act of 1974, 5 U.S.C. 552a(b), records Executive Orders 9397, as amended by SYSTEM: and/or information or portions thereof 13478, 9830, and 12107, and the (1) Employees, former employees, and maintained as part of this system may American Rescue Plan Act of 2021 (Pub. applicants for employment, in all be disclosed outside Treasury as a L. 117–2). Treasury Department bureaus and routine use pursuant to 5 U.S.C. offices. (2) Employees, former PURPOSE(S) OF THE SYSTEM: 552a(b)(3) as follows: employees, and applicants for (1) To the United States Department The purposes of the system includes, employment of Federal agencies for of Justice (‘‘DOJ’’, for the purpose of but are not limited to: (1) Maintaining which the Treasury Department is a representing or providing legal advice to current and historical payroll records cross-services provider. (3) Dependents the Department in a proceeding before that are used to compute and audit pay and family members of employees and a court, adjudicative body, or other entitlement; to record history of pay former employees. administrative body before which the transactions; to record deductions, leave Department is authorized to appear, CATEGORIES OF RECORDS IN THE SYSTEM: accrued and taken, bonds due and when such proceeding involves: issued, taxes paid; maintaining and Information contained in this system (a) The Department of any bureau or distributing Leave and Earnings includes such data as: office thereof; statements; commence and terminate (1) Employee identification and status (b) Any employee of the Department allotments; answer inquiries and data such as name, records that in his or her official capacity; process claims; and (2) maintaining establish an individual’s identity, social (c) Any employee of the Department current and historical personnel records security number, date of birth, sex, race in his or her individual capacity where and preparing individual administrative and national origin designator, awards the Department of Justice or the transactions relating to education and received, suggestions, work schedule, Department has agreed to represent the training; classification; assignment; type of appointment, education, training employee; or career development; evaluation; courses attended, veterans preference, (d) The United States, when the promotion, compensation, separation and military service; Department determines that litigation is and retirement; making decisions on the (2) employment data such as service likely to affect the Department or any of rights, benefits, entitlements and the computation for leave, date its bureaus and offices; and the use of utilization of individuals; providing a probationary period began, date of such records by the DOJ is deemed by data source for the production of performance rating, performance the DOJ or the Department to be relevant reports, statistical surveys, rosters, contract, and date of within-grade and necessary to the litigation provided documentation, and studies required for increases; that the disclosure is compatible with the orderly personnel administration (3) position and pay data such as the purpose for which records were within Treasury; (3) maintaining position identification number, pay collected. employment history; (4) performing plan, step, salary and pay basis, (2) To an appropriate federal, state, personnel and payroll functions for occupational series, organization local, tribal, foreign, or international
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agency, if the information is relevant services; the issuance of paychecks to inquiry made at the request of the and necessary to a requesting agency’s employees and distribution of wages; individual to whom the record pertains; decision concerning the hiring or and the distribution of allotments and (15) Provide information to the news retention of an individual, or issuance deductions to financial and other media in accordance with guidelines of a security clearance, background institutions, some through electronic contained in 28 CFR 50.2, which relates investigation, license, contract, grant, or funds transfer; to civil and criminal proceedings; other benefit, or if the information is (8) Furnish the Internal Revenue (16) Provide information to third relevant and necessary to a Treasury Service and other jurisdictions which parties during the course of an decision concerning the hiring or are authorized to tax employees’ investigation to the extent necessary to retention of an employee, the issuance compensation with wage and tax obtain information pertinent to the of a security clearance, the reporting of information in accordance with a investigation; an investigation of an employee, the withholding agreement with the (17) Provide information to unions letting of a contract, or the issuance of Department of the Treasury pursuant to recognized as exclusive bargaining a license, grant or other benefit and 5 U.S.C. 5516, 5517, and 5520, for the representatives under the Civil Service when disclosure is appropriate to the purpose of furnishing employees with Reform Act of 1978, 5 U.S.C. 7111 and proper performance of the official duties IRS Forms W–2 that report such tax 7114; of the person making the request; distributions; (18) Provide wage and separation (3) To a Congressional office in (9) Provide records to the Office of information to another agency, such as response to an inquiry made at the Personnel Management, Merit Systems the Department of Labor or Social request of the individual to whom the Protection Board, Equal Employment Security Administration, as required by Opportunity Commission, and General record pertains; law for payroll purposes; (4) To the National Archives and Accounting Office for the purpose of (19) Provide information to a Federal, Records Administration Archivist (or properly administering Federal state, or local agency so that the agency the Archivist’s designee) pursuant to personnel systems or other agencies’ may adjudicate an individual’s records management inspections being systems in accordance with applicable eligibility for a benefit, such as a state conducted under the authority of 44 laws, Executive Orders, and regulations; employment compensation board, U.S.C. 2904 and 2906; (10) Furnish another Federal agency (5) To appropriate agencies, entities, with information necessary or relevant housing administration agency, and and person when (1) the Department of to effect interagency salary or Social Security Administration; the Treasury suspects or has confirmed administrative offset, except that (20) Disclose pertinent information to that there has been a breach of the addresses obtained from the Internal appropriate Federal, state, local or system of records; (2) the Department of Revenue Service shall not be disclosed foreign agencies responsible for the Treasury has determined that as a to other agencies; to furnish a consumer investigating or prosecuting the result of the suspected or confirmed reporting agency information to obtain violation of, or for implementing, a breach there is a risk of harm to commercial credit reports; and to statute, regulation, order, or license, individuals, the Department of the furnish a debt collection agency Start where the disclosing agency becomes Treasury (including its information Printed Page 78268 information for debt aware of a potential violation of civil or systems, programs, and operations), the collection services. Current mailing criminal law or regulation; Federal Government, or national addresses acquired from the Internal (21) Disclose information about security; and (3) the disclosure made to Revenue Service are routinely released particular Treasury employees to such agencies, entities, and persons is to consumer reporting agencies to obtain requesting agencies or non-Federal reasonably necessary to assist in credit reports and are arguably relevant entities under approved computer connection with the Department of the to debt collection agencies for collection matching efforts, limited only to those Treasury’s efforts to respond to the services; data elements considered relevant to suspected or confirmed breach or to (11) Disclose information to a Federal, making a determination of eligibility prevent, minimize, or remedy such state, local, or foreign agency under particular benefit programs harm; maintaining civil, criminal, or other administered by those agencies or (6) To another Federal agency or relevant enforcement information or entities or by the Department of the Federal entity, when the Department of other pertinent information, that has Treasury or any constituent unit of the the Treasury determines that requested information relevant to or Department, to improve program information from this system of records necessary to the requesting agency’s integrity, and to collect debts and other is reasonably necessary to assist the hiring or retention of an individual, or money owed under those programs (e.g., recipient agency or entity in (1) issuance of a security clearance, license, matching for delinquent loans or other responding to a suspected or confirmed contract, grant, or other benefit; indebtedness to the government); breach or (2) preventing, minimizing, or (12) Disclose information to a court, (22) Disclose to the Office of Child remedying the risk of harm to magistrate, or administrative tribunal in Support Enforcement, Administration individuals, the recipient agency or the course of presenting evidence, for Children and Families, Department entity (including its information including disclosures to opposing of Health and Human Services, the systems, programs, and operations), the counsel or witnesses in the course of names, social security numbers, home Federal Government, or national civil discovery, litigation or settlement addresses, dates of birth, dates of hire, security, resulting from a suspected or negotiations in response to a subpoena quarterly earnings, employer identifying confirmed breach; where arguably relevant to a proceeding, information, and State of hire of (7) Furnish data to the Department of or in connection with criminal law employees, for the purposes of locating Agriculture, National Finance Center proceedings; individuals to establish paternity, (which provides payroll and personnel (13) Disclose information to foreign establishing and modifying orders of processing services for Treasury under a governments in accordance with formal child support, identifying sources of cross-servicing agreement) affecting the or informal international agreements; income, and for other child support conversion of Treasury employee (14) Provide information to a enforcement activities as required by the payroll and personnel processing congressional office in response to an Personal Responsibility and Work
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Opportunity Reconciliation Act POLICIES AND PRACTICES FOR STORAGE OF EXEMPTIONS PROMULGATED FOR THE SYSTEM: (Welfare Reform Law, Pub. L. 104–193); RECORDS: None. (23) Disclose to contractors, grantees, Records in this system are stored experts, consultants, students, other electronically or on paper in secure HISTORY: federal agencies, states and local facilities in a locked drawer behind a Notice of this system of records was governments, and others performing or locked door. Microfiche, and hard copy last published in full in the Federal working on a contract, service, grant, are stored on magnetic disc, tape, digital Register on November 7, 2016 (81 FR cooperative agreement, or other media, and CD–ROM. Disbursement 78266) as the Department of the assignment for the Department of the records are stored at the Federal Records Treasury .001 Treasury Payroll and Treasury as required for the production Center. Personnel System. of reports, descriptive statistical POLICIES AND PRACTICES FOR RETRIEVAL OF [FR Doc. 2021–14246 Filed 7–1–21; 8:45 am] surveys, rosters, documentation, and RECORDS: BILLING CODE 4810–AK–P studies required for the orderly Records may be retrieved administration of personnel and payroll- alphabetically by name of subject or related issues within Treasury; complainant, by case number, by special DEPARTMENT OF VETERANS (24) Disclose information to other agent name, by employee identifying AFFAIRS Federal agencies with whom the number, by victim, and by witness case Department has entered into a cross number. [OMB Control No. 2900–0843] servicing agreement that provides for the delivery of automated human POLICIES AND PRACTICES FOR RETENTION AND Agency Information Collection resources operations. These operations DISPOSAL OF RECORDS: Activity: VHA Homeless Programs— may include maintaining current and The current payroll and personnel Project CHALENG (Community historical payroll and personnel records, system and the personnel and payroll Homelessness Assessment, Local and providing reports, statistical system’s master files are kept as Start Education and Networking Groups) for surveys, rosters, documentation, and Printed Page 78269 electronic media. Veterans studies as required by the other federal Information rendered to hard copy in agency to support its personnel the form of reports and payroll AGENCY: Veterans Health administration activities; and information documentation is also Administration, Department of Veterans (26) To appropriate agencies, entities, retained in an electronic media format. Affairs. and persons when (a) the Department Employee records are retained in ACTION: Notice. suspects or has confirmed that the automated form for as long as the SUMMARY: Veterans Health security or confidentiality of employee is active on the system Administration (VHA), Department of information in the system of records has (separated employee records are Veterans Affairs (VA), is announcing an been compromised; (b) the Department maintained in an ‘‘inactive’’ status). opportunity for public comment on the has determined that as a result of the Files are purged in accordance with proposed collection of certain suspected or confirmed compromise Treasury Directive 80–05, ‘‘Records and information by the agency. Under the there is a risk of harm to economic or Information Management Program.’’ Paperwork Reduction Act (PRA) of property interests, identity theft or ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 1995, Federal agencies are required to fraud, or harm to the security or SAFEGUARDS: publish notice in the Federal Register integrity of this system or other systems Entrances to data centers and support concerning each proposed collection of or programs (whether maintained by the organization offices are restricted to information, including each proposed Department or another agency or entity) those employees whose work requires extension of a currently approved that rely upon the compromised them to be there for the system to collection, and allow 60 days for public information; and (c) the disclosure made operate. Identification (ID) cards are comment in response to the notice. to such agencies, entities, and persons is verified to ensure that only authorized DATES: Written comments and reasonably necessary to assist in personnel are present. Disclosure of recommendations on the proposed connection with the Department’s information through remote terminals is collection of information should be efforts to respond to the suspected or restricted through the use of passwords received on or before August 31, 2021. confirmed compromise and prevent, and sign-on protocols, which are minimize, or remedy such harm. periodically changed. Reports produced ADDRESSES: Submit written comments Disclosure to consumer reporting from the remote printers are in the on the collection of information through agencies: custody of personnel and financial Federal Docket Management System Disclosures may be made pursuant to management officers and are subject to (FDMS) at www.Regulations.gov or to 5 U.S.C. 552a(b)(12) and section 3 of the the same privacy controls as other Janel Keyes, Office of Regulations, Debt Collection Act of 1982, Public Law documents of similar sensitivity. Appeals, and Policy (10BRAP), 97–365; debt information concerning a Department of Veterans Affairs, 810 government claim against an individual RECORD ACCESS PROCEDURES: Vermont Avenue NW, Washington, DC is also furnished, in accordance with 5 See ‘‘Notification Procedures’’ below. 20420 or email to [email protected]. Please refer to ‘‘OMB Control No. 2900– U.S.C. 552a(b)(12) and section 3 of the CONTESTING RECORD PROCEDURES: 0843’’ in any correspondence. During Debt Collection Act of 1982, to See ‘‘Notification Procedures’’ below. consumer reporting agencies to the comment period, comments may be encourage repayment of an overdue NOTIFICATION PROCEDURES: viewed online through FDMS. debt. Disclosures may be made to a Pursuant to 5 U.S.C. 552a(j)(2) and FOR FURTHER INFORMATION CONTACT: consumer reporting agency as defined in (k)(2), this system of records may not be Maribel Aponte, Office of Enterprise the Fair Credit Reporting Act, 15 U.S.C. accessed for purposes of determining if and Integration, Data Governance 1681a(f), or the Federal Claims the system contains a record pertaining Analytics (008), 1717 H Street NW, Collection Act of 1966, 31 U.S.C. to a particular individual, or for Washington, DC 20006, (202) 266–4688 701(a)(3). contesting the contents of a record. or email [email protected]. Please
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refer to ‘‘OMB Control No. 2900–0843’’ 1993 in response to Public Law 102– maximize community participation in in any correspondence. 405, which required VA to make an serving homeless Veterans. SUPPLEMENTARY INFORMATION: Under the assessment of the needs of homeless This collection will be an update of a PRA of 1995, Federal agencies must Veterans in coordination with other collection approved in 2018. Revisions obtain approval from the Office of Federal departments, state and local to the collection were made based on Management and Budget (OMB) for each government agencies, and input provided by VA staff members to collection of information they conduct nongovernmental agencies with reduce the number of questions in the or sponsor. This request for comment is experience working with homeless surveys. The collection consists of two being made pursuant to Section persons. Since 1993, VA has forms/surveys: One for Veterans (VA 3506(c)(2)(A) of the PRA. administered a needs assessment in Form 10–10161) and one for VA staff With respect to the following accordance with guidance in Public Law members, community homeless collection of information, VHA invites 103–446 and Public Law 105–114. Legal providers, and interested community comments on: (1) Whether the proposed authority for this data collection is members (VA Form 10–10162). The collection of information is necessary found under 38 U.S.C., Part I, Chapter only difference between the two forms/ for the proper performance of VHA’s 5, Section 527 that authorizes the surveys are the introductory functions, including whether the collection of data that will allow demographic questions; the survey is information will have practical utility; measurement and evaluation of the the same for both groups. (2) the accuracy of VHA’s estimate of Department of Veterans Affairs Affected Public: Individuals and the burden of the proposed collection of Programs, the goal of which is improved households. information; (3) ways to enhance the health care for Veterans. Estimated Annual Burden: Total = quality, utility, and clarity of the This collection of information is 480 hours. information to be collected; and (4) necessary to ensure that VA and Veteran Survey (VA Form 10–10161): ways to minimize the burden of the community partners are developing 300 hours. collection of information on services that are responsive to the needs Provider Survey (VA Form 10–10162): respondents, including through the use of local homeless Veterans, in order to 180 hours. of automated collection techniques or end homelessness and prevent new Estimated Average Burden per the use of other forms of information Veterans from experiencing Respondent: technology. homelessness. Over the years, data from Veteran Survey: 6 minutes. Authority: Public Law 104–13; 44 CHALENG has assisted VA in Provider Survey: 6 minutes. U.S.C. 3501–3521. developing new services for Veterans Frequency of Response: Once Title: VHA Homeless Programs— such as the Homeless Veteran Dental annually. Project CHALENG (Community Program (HVDP), the expansion of the Estimated Number of Respondents: Homelessness Assessment, Local Department of Housing and Urban 4,800 total. Development–VA Supportive Housing Education and Networking Groups) for Veteran Survey: 3,000. (HUD–VASH) Program, the Veterans Veterans. Provider Survey: 1,800. OMB Control Number: 2900–0843. Justice Programs and Supportive Type of Review: Revision of a Services for Veteran Families (SSVF). In By direction of the Secretary. currently approved collection. addition, community organizations use Maribel Aponte, Abstract: The Department of Veterans CHALENG data in grant applications to VA PRA Clearance Officer, Office of Affairs (VA) launched Project support services for homeless Veterans; Enterprise and Integration/Data Governance CHALENG (Community Homelessness these grant applications are for VA, Analytics, Department of Veterans Affairs. Assessment, Local Education and other Federal, local government, and [FR Doc. 2021–14183 Filed 7–1–21; 8:45 am] Networking Groups) for Veterans in community foundation dollars, which BILLING CODE 8320–01–P
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Reader Aids Federal Register Vol. 86, No. 125 Friday, July 2, 2021
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY
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. 40 CFR Presidential Documents 10 CFR Executive orders and proclamations 741–6000 52...... 34905 Proposed Rules: The United States Government Manual 741–6000 Proposed Rules: 52 ...... 35030, 35034, 35042, 52...... 34999, 35023 35244, 35247 Other Services 62...... 35044 Electronic and on-line services (voice) 741–6020 12 CFR 81...... 35254 Privacy Act Compilation 741–6050 702...... 34924 14 CFR 45 CFR ELECTRONIC RESEARCH 39...... 34933, 35217 Proposed Rules: World Wide Web 71...... 34937, 35221 147...... 35156 97...... 34938, 34941 155...... 35156 Full text of the daily Federal Register, CFR and other publications Proposed Rules: 156...... 35156 is located at: www.govinfo.gov. 39...... 35027 Federal Register information and research tools, including Public 71 ...... 35233, 35235, 35237 47 CFR Inspection List and electronic text are located at: www.federalregister.gov. 16 CFR 73...... 34965, 35231 Proposed Rules: Proposed Rules: E-mail Ch. I ...... 35239 15...... 35046 FEDREGTOC (Daily Federal Register Table of Contents Electronic 74...... 35046 20 CFR Mailing List) is an open e-mail service that provides subscribers 200...... 35221 with a digital form of the Federal Register Table of Contents. The 48 CFR digital form of the Federal Register Table of Contents includes 295...... 34942 HTML and PDF links to the full text of each document. 501...... 34966 24 CFR To join or leave, go to https://public.govdelivery.com/accounts/ 552...... 34966 92...... 34943 USGPOOFR/subscriber/new, enter your email address, then 570...... 34966 follow the instructions to join, leave, or manage your 25 CFR Proposed Rules: subscription. 615...... 35257 48...... 34943 PENS (Public Law Electronic Notification Service) is an e-mail 652...... 35257 service that notifies subscribers of recently enacted laws. 27 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 9...... 34952, 34955 50 CFR 70...... 34957 and select Join or leave the list (or change settings); then follow 17...... 34979 the instructions. 31 CFR FEDREGTOC and PENS are mailing lists only. We cannot Proposed Rules: respond to specific inquiries. 33...... 35156 Reference questions. Send questions and comments about the Federal Register system to: [email protected] 33 CFR The Federal Register staff cannot interpret specific documents or 165 ...... 34958, 34960, 34961, regulations. 34963, 34964, 35224, 35225 210...... 35225 214...... 35226 FEDERAL REGISTER PAGES AND DATE, JULY Proposed Rules: 34905–35216...... 1 100...... 35240 35217–35382...... 2 165...... 35242 37 CFR 1...... 35226, 35229 2...... 35229
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