FEDERAL REGISTER
Vol. 86 Tuesday No. 126 July 6, 2021
Pages 35383–35594
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 86, No. 126
Tuesday, July 6, 2021
Agricultural Marketing Service Employee Benefits Security Administration PROPOSED RULES NOTICES Continuance Referendum; Reopening of Voting Period: Meetings: Pecans Grown in the States of Alabama, Arkansas, State All Payer Claims Databases Advisory Committee, Arizona, California, Florida, Georgia, Kansas, 35536–35537 Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas, Energy Department 35409 NOTICES Agency Information Collection Activities; Proposals, Agriculture Department Submissions, and Approvals, 35497–35498 See Agricultural Marketing Service Agency Information Collection Activities; Proposals, See Animal and Plant Health Inspection Service Submissions, and Approvals: See Food and Nutrition Service Application for Proposed Use of Right-of-Way, 35498 See Forest Service Charter Renewal: See The U.S. Codex Office Advanced Scientific Computing Advisory Committee, 35498–35499 Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Environmental Protection Agency Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Air Quality State Implementation Plans; Approvals and Authorization for Release of Consumer/Credit Promulgations: Information, 35534 Utah; 2017 Base Year Inventories for the 2015 8-Hour Ozone National Ambient Air Quality Standard for Animal and Plant Health Inspection Service the Uinta Basin, Northern Wasatch Front and NOTICES Southern Wasatch Front Nonattainment Areas, Addition of Malaysia to the List of Regions Affected with 35404–35406 African Swine Fever, 35459 Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Centers for Disease Control and Prevention North Dakota; Control of Emissions from Existing NOTICES Municipal Solid Waste Landfills; Control of Statement of Organization, Functions, and Delegations of Emissions from Existing Commercial and Industrial Authority, 35511–35520 Solid Waste Incineration Units; Negative Declaration of Existing Hospital/Medical/Infectious Waste Incineration Units, 35406–35408 Coast Guard NOTICES RULES Approvals and Denials of Test Marketing Exemptions for Drawbridge Operations: Certain New Chemicals Under TSCA, 35499–35504 Fox River, Oshkosh, WI, 35402–35403 Request for Nominations: Safety Zone: Science Advisory Board 2021 Scientific and Annual Events in the Captain of the Port Buffalo Zone, Technological Achievement Awards Panel, 35504– 35403–35404 35505 Special Local Regulation: Back River, Baltimore County, MD, 35399–35402 Equal Employment Opportunity Commission NOTICES Commerce Department Agency Information Collection Activities; Proposals, See Foreign-Trade Zones Board Submissions, and Approvals, 35505–35506 See Industry and Security Bureau See International Trade Administration Federal Aviation Administration See National Institute of Standards and Technology RULES See National Oceanic and Atmospheric Administration Airworthiness Directives: See National Telecommunications and Information Airbus Helicopters (Type Certificate Previously Held by Administration Eurocopter France) and Eurocopter France See Patent and Trademark Office Helicopters, 35387–35389 PROPOSED RULES Community Living Administration Airspace Designations and Reporting Points: NOTICES Monroe, NC, 35419–35420 Reallotment of FY 2021 Funds, 35520–35521 Peebles and West Union, OH, 35420–35421 Airworthiness Directives: Consumer Product Safety Commission Airbus SAS Airplanes, 35413–35416 NOTICES Bell Textron Canada Limited Helicopters, 35410–35413 Meetings; Sunshine Act, 35496–35497 Hoffmann GmbH & Co. KG Propellers, 35416–35418
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Federal Communications Commission Geological Survey NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35507–35509 Submissions, and Approvals: Radio Broadcasting Services: Industrial Minerals Surveys, 35524–35525 AM or FM Proposals To Change The Community of License, 35506–35507 Health and Human Services Department Schedule of Application Fees of the Commission’s Rules, See Centers for Disease Control and Prevention 35507 See Community Living Administration See National Institutes of Health Federal Deposit Insurance Corporation NOTICES Termination of Receivership, 35509 Homeland Security Department See Coast Guard Federal Emergency Management Agency See Federal Emergency Management Agency NOTICES See U.S. Customs and Border Protection Meetings: PROPOSED RULES Board of Visitors for the National Fire Academy, 35522– Establishing a Fixed Time Period of Admission and an 35523 Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Federal Maritime Commission Representatives of Foreign Information Media, 35410 NOTICES Agreements Filed, 35509–35511 Housing and Urban Development Department RULES Federal Motor Carrier Safety Administration Implementing Executive Order 13992, Revocation of Certain PROPOSED RULES Executive Orders Concerning Federal Regulation, Incorporation by Reference; North American Standard Out- 35391–35396 of-Service Criteria; Hazardous Materials Safety Permits, NOTICES 35443–35449 Agency Information Collection Activities; Proposals, Parts and Accessories Necessary for Safe Operation: Submissions, and Approvals: Authorized Windshield Area for the Installation of Comprehensive Listing of Transactional Documents for Vehicle Safety Technology, 35449–35458 Mortgagors, Mortgagees and Contractors; Federal Housing Administration Healthcare Facility Food and Nutrition Service Documents, 35523–35524 NOTICES Agency Information Collection Activities; Proposals, Industry and Security Bureau Submissions, and Approvals: RULES Supplemental Nutrition Assistance Program Emergency Addition of Certain Entities to the Entity List: Allotments (COVID–19), 35460–35462 Correction of Existing Entry on the Entity List, 35389– 35391 Foreign Assets Control Office RULES International Criminal Court-Related Sanctions Regulations, Interior Department 35399 See Geological Survey See National Park Service Foreign-Trade Zones Board NOTICES International Trade Administration Application for Reorganization under Alternative Site NOTICES Framework: Agency Information Collection Activities; Proposals, Foreign-Trade Zone 83, Huntsville, AL, 35473 Submissions, and Approvals: Authorization of Production Activity: Domestic and International Client Export Services and Liebel-Flarsheim Company, LLC; Foreign-Trade Zone 93; Customized Forms Renewal, 35474–35475 Raleigh/Durham, NC, 35474 Surveys for User Satisfaction, Impact and Needs, 35475– Merck and Co., Inc.; Foreign-Trade Zone 185; Culpeper, 35476 VA, 35474 Antidumping or Countervailing Duty Investigations, Orders, Zoetis Services, LLC, Foreign-Trade Zone 59, Lincoln, or Reviews: NE, 35473 Granular Polytetrafluoroethylene Resin from India, Proposed Production Activity: 35479–35481 LUC Urethanes, Inc., Foreign-Trade Zone 265, Conroe, Granular Polytetrafluoroethylene Resin from the Russian TX, 35472–35473 Federation, 35476–35478 Initiation of Administrative Reviews, 35481–35490 Forest Service Opportunity to Request Administrative Review; NOTICES Correction, 35474 Agency Information Collection Activities; Proposals, Polyethylene Retail Carrier Bags from Indonesia, Submissions, and Approvals: Malaysia, the People’s Republic of China, Taiwan, Pesticide—Use Proposal, 35468–35469 Thailand, and the Socialist Republic of Vietnam, Privacy Act; Systems of Records, 35462–35472 35478–35479
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International Trade Commission National Oceanic and Atmospheric Administration NOTICES NOTICES Complaint: Agency Information Collection Activities; Proposals, Certain Light-Based Physiological Measurement Devices Submissions, and Approvals: and Components Thereof, 35533–35534 Economic Analysis of Shoreline Treatment Options for Certain Residential Premises Security Monitoring and Coastal New Hampshire, 35495–35496 Automation Control Panels, and Components Greater Atlantic Region Permit Family of Forms, 35493– Thereof, 35530–35531 35494 Investigations; Determinations, Modifications, and Rulings, Socioeconomics of Coral Reef Conservation, Puerto Rico etc.: 2022 Survey, 35492–35493 Certain Electrolyte Containing Beverages and Labeling Meetings: and Packaging Thereof, 35532–35533 Mid-Atlantic Fishery Management Council, 35494–35495 Melamine from China, 35531 Pacific Fishery Management Council, 35491 Permit Application: Justice Department Endangered Species; File Nos. 24140 and 24368, 35491– See Alcohol, Tobacco, Firearms, and Explosives Bureau 35492 See Parole Commission NOTICES Agency Information Collection Activities; Proposals, National Park Service Submissions, and Approvals: NOTICES Exempt Chemical Preparations Application, 35535 Inventory Completion: Proposed Consent Decree, 35535–35536 Illinois State Museum, Springfield, IL, 35528–35529 Michigan State University, East Lansing, MI, 35527– Labor Department 35528 See Employee Benefits Security Administration Ohio History Connection, Columbus, OH, 35528 See Mine Safety and Health Administration Sam Noble Oklahoma Museum of Natural History, See Veterans Employment and Training Service University of Oklahoma, Norman, OK, 35525–35526 Repatriation of Cultural Items: Maritime Administration Federal Bureau of Investigation, Art Theft Program, NOTICES Washington, DC, 35526 Agency Information Collection Activities; Proposals, Spurlock Museum, University of Illinois at Urbana– Submissions, and Approvals: Champaign, Urbana, IL, 35529–35530 Application and Reporting Elements for Participation in the Maritime Security Program, 35561 National Science Foundation Application for Construction Reserve Fund and Annual NOTICES Statements, 35562–35563 Meetings; Sunshine Act, 35540 Center of Excellence for Domestic Maritime Workforce Training and Education Annual Applications for Designation, 35561–35562 National Telecommunications and Information Administration Mine Safety and Health Administration NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Broadband Grant Programs Webinar Series, 35496 Submissions, and Approvals: Refuge Alternatives for Underground Coal Mines, 35537– 35538 Nuclear Regulatory Commission Roof Control Plan for Underground Coal Mines, 35538– NOTICES 35539 Applications and Amendments to Facility Operating Petitions for Modification of Application of Existing Licenses and Combined Licenses Involving Proposed Mandatory Safety Standards; Correction, 35538 No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Safeguards Information and Order Imposing Procedures National Institute of Standards and Technology for Access to Sensitive Unclassified Non-Safeguards NOTICES Information and Safeguards Information, 35544–35550 Agency Information Collection Activities; Proposals, Transfer of License: Submissions, and Approvals: NorthStar Nuclear Decommissioning Company, LLC, Manufacturing Extension Partnership Management NorthStar Vermont Yankee, LLC, ADP CR3, LLC, and Information Reporting, 35490–35491 Duke Energy Florida, LLC, Vermont Yankee Nuclear Power Station and Independent Spent Fuel Storage National Institutes of Health Installation Crystal River Unit 3 Nuclear Generating NOTICES Plant and Independent Spent Fuel Storage Meetings: Installation, 35540–35544 Center for Scientific Review, 35521 National Center for Complementary and Integrative Health, 35521–35522 Parole Commission National Institute of Neurological Disorders and Stroke, NOTICES 35522 Meetings; Sunshine Act, 35536
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Patent and Trademark Office See Federal Motor Carrier Safety Administration PROPOSED RULES See Maritime Administration Standard for Presentation of Nucleotide and Amino Acid Sequence Listings Using eXtensible Markup Language Treasury Department in Patent Applications to Implement World Intellectual See Foreign Assets Control Office Property Organization Standard ST.26; Incorporation RULES by Reference, 35429–35443 Agreement Between the United States of America, the United Mexican States, and Canada Implementing Personnel Management Office Regulations Related to the Marking Rules, Tariff-rate NOTICES Quotas, and other USMCA Provisions, 35566–35594 Agency Information Collection Activities; Proposals, Privacy Act; Exemptions: Submissions, and Approvals: Special Inspector General for Pandemic Recovery, 35396– Claim for Unpaid Compensation for Deceased Civilian 35399 Employee, 35550–35551 PROPOSED RULES Non-Preferential Origin Determinations for Merchandise Presidential Documents Imported from Canada or Mexico for Implementation of PROCLAMATIONS the Agreement Between the United States of America, Special Observances: the United Mexican States, and Canada, 35422–35429 26th Amendment; 50th Anniversary (Proc. 10231), 35385–35386 U.S. Customs and Border Protection ADMINISTRATIVE ORDERS RULES Women, Peace, and Security Act of 2017; Delegation of Agreement Between the United States of America, the Certain Functions and Authorities (Memorandum of United Mexican States, and Canada Implementing June 29, 2021), 35383 Regulations Related to the Marking Rules, Tariff-rate Quotas, and other USMCA Provisions, 35566–35594 Securities and Exchange Commission PROPOSED RULES NOTICES Non-Preferential Origin Determinations for Merchandise Agency Information Collection Activities; Proposals, Imported from Canada or Mexico for Implementation of Submissions, and Approvals, 35558–35559 the Agreement Between the United States of America, Application: the United Mexican States, and Canada, 35422–35429 BNY Mellon Alcentra Opportunistic Global Credit Income Fund and BNY Mellon Investment Adviser, Veterans Employment and Training Service Inc., 35554–35558 NOTICES Meetings; Sunshine Act, 35554, 35559 Meetings: Self-Regulatory Organizations; Proposed Rule Changes: Advisory Committee on Veterans’ Employment, Training NYSE Arca, Inc., 35551–35554 and Employer Outreach, 35539 Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Separate Parts In This Issue Submissions, and Approvals, 35559–35560 Major Disaster Declaration: Part II Florida, 35559 Homeland Security Department, U.S. Customs and Border Protection, 35566–35594 The U.S. Codex Office Treasury Department, 35566–35594 NOTICES Meetings: Codex Alimentarius Commission; Codex Committee on Reader Aids Food Labelling, 35459–35460 Consult the Reader Aids section at the end of this issue for Trade Representative, Office of United States phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Modification of United States Tariff-Rate Quotas and the To subscribe to the Federal Register Table of Contents Harmonized Tariff Schedule, 35560–35561 electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Transportation Department address, then follow the instructions to join, leave, or See Federal Aviation Administration manage your subscription.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 10231...... 35385 Administrative Orders: Administrative Orders: Memorandums: Memorandum of June 29, 2021 ...... 35383 7 CFR Proposed Rules: 986...... 35409 8 CFR Proposed Rules: 214...... 35410 248...... 35410 274a.12...... 35410 14 CFR 39...... 35387 Proposed Rules: 39 (3 documents) ...... 35410, 35413, 35416 71 (2 documents) ...... 35419, 35420 15 CFR 744...... 35389 19 CFR 10...... 35566 102...... 35566 132...... 35566 134...... 35566 163...... 35566 182...... 35566 190...... 35566 Proposed Rules: 102...... 35422 177...... 35422 24 CFR 11...... 35391 31 CFR 1...... 35396 520...... 35399 33 CFR 100...... 35399 117...... 35402 165...... 35403 37 CFR Proposed Rules: 1...... 35429 40 CFR 52...... 35404 62...... 35406 49 CFR Proposed Rules: 385...... 35443 393...... 35449
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Federal Register Presidential Documents Vol. 86, No. 126
Tuesday, July 6, 2021
Title 3— Memorandum of June 29, 2021
The President Delegation of Certain Functions and Authorities Under the Women, Peace, and Security Act of 2017
Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Secretary of Homeland Security[, and] the Administrator of the United States Agency for International Development
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the United States Agency for International Development, the authority to submit to the Congress the reports required by sections 5(a) and 8(b) of the Women, Peace, and Security Act of 2017 (Public Law 115–68). The delegation of authority provided in this memorandum shall apply to any provisions of any future public laws that are the same or substantially the same as those provisions referenced in this memorandum. The Secretary of State is authorized and directed to publish this memo- randum in the Federal Register.
THE WHITE HOUSE, Washington, June 29, 2021
[FR Doc. 2021–14498 Filed 7–2–21; 8:45 am] Billing code 4710–10–P
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Proclamation 10231 of June 30, 2021
50th Anniversary of the 26th Amendment
By the President of the United States of America
A Proclamation Our Constitution recognizes that, as a Nation, we are constantly learning. Our Founders built that recognition into its original design, providing a mechanism to amend our Constitution as our Nation evolved. On July 1, 1971, our Nation ratified the 26th Amendment to the Constitution, lowering the voting age to 18. At the time, 18-, 19-, and 20-year-old Americans were fulfilling their civic duties: paying taxes, serving in our Armed Forces, acting as first responders, laboring in fields, factories, and service jobs across the country, and pursuing higher education. They were participating in our democracy and all of the responsibilities of citizenship in all ways except for one: they could not vote. A broad coalition, following in the footsteps of the suffragettes of the early 20th century and the civil rights activists of the 1960s, advocated, educated, and prevailed in persuading our Nation that those younger Americans were entitled to the right to vote. We also made a national commitment that the right to vote would never be denied or abridged for any adult voter based on their age. My first race for the Senate was one of the first elections in which 18- year-olds could vote, and the energy and passion of Delaware’s young people helped propel me to an unlikely victory. Fifty years later, younger voters remain essential to our civic infrastructure. They are not only voting in our elections—including at record rates in 2020—but winning them. Younger Americans are lending their talent and vision to school boards, city councils, and county commissions; teenagers are serving as State legislators and mayors, and we are the better for it. Younger voters are not waiting to inherit the future; they are building the future themselves. Young Americans have been on the front lines in the fight to defend the right to vote and expand access to the ballot box for all eligible voters. Their civic engagement extends beyond voting—with young Americans leading the calls for racial justice, climate action, gun violence prevention, and immigration reform among many other issues. Despite the progress we have made, there remain persistent gaps in turnout between younger voters and their older counterparts. There is still more that we can and must do to deliver on the promise of the 26th Amendment. My Administration has made public service and civic education a priority, engaging younger Americans in our shared struggle for continual progress. I have directed Federal agencies to consider ways to make it easier to vote and to learn about voting, and to focus on the various ways that the Federal Government engages younger Americans, online and off. Today’s youth are more diverse than past generations—and laws aimed at suppressing voter turnout in Black and Brown communities also impact young voters. My Administration supports the For the People Act and the John Lewis Voting Rights Advancement Act to protect the fundamental right to vote and make our democracy more equitable and accessible for all Americans. Today, we honor the bipartisan expansion of voter enfranchisement. Let us continue our work to make the 26th Constitutional Amendment ever more meaningful in the months and years ahead.
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NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim July 1, 2021, as the 50th Anniversary of the 26th Amendment. I call upon all Americans to participate in ceremonies and activities that honor the 26th formal modi- fication of our national Charter, that recognize the contributions made by voters enfranchised by its terms, and that work toward full participation of all who are eligible to vote. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.
[FR Doc. 2021–14497 Filed 7–2–21; 8:45 am] Billing code 3295–F1–P
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Rules and Regulations Federal Register Vol. 86, No. 126
Tuesday, July 6, 2021
This section of the FEDERAL REGISTER Pkwy., Room 6N–321, Fort Worth, TX before accumulating the specified life contains regulatory documents having general 76177. For information on the limit. applicability and legal effect, most of which availability of this material at the FAA, The SNPRM was prompted by a are keyed to and codified in the Code of call (817) 222–5110. significant amount of time that had Federal Regulations, which is published under elapsed since issuance of the NPRM that 50 titles pursuant to 44 U.S.C. 1510. Examining the AD Docket required the FAA to reopen the The Code of Federal Regulations is sold by You may examine the AD docket at comment period to allow the public a the Superintendent of Documents. https://www.regulations.gov by chance to comment on the proposed searching for and locating Docket No. actions. Additional review also revealed FAA–2006–24733; or in person at necessary changes to address the unsafe DEPARTMENT OF TRANSPORTATION Docket Operations between 9 a.m. and condition. The SNPRM proposed to 5 p.m., Monday through Friday, except clarify that the compliance times of Federal Aviation Administration Federal holidays. The AD docket requirements continued from AD 2002– contains this final rule, the Direction 08–16 are effective after the effective 14 CFR Part 39 Generale De L’Aviation Civile (DGAC) date of AD 2002–08–16, clarify [Docket No. FAA–2006–24733; Project ADs, any comments received, and other instances of life limits specified in Identifier MCAI–2021–00139–R; Amendment information. The address for Docket calendar time that they are since initial 39–21642; AD 2021–14–15] Operations is U.S. Department of installation of the tie bar on any RIN 2120–AA64 Transportation, Docket Operations, M– helicopter, clarify one instance of a life 30, West Building Ground Floor, Room limit that it is total hours time-in-service Airworthiness Directives; Airbus W12–140, 1200 New Jersey Avenue SE, (TIS) or calendar time—whichever Helicopters (Type Certificate Washington, DC 20590. occurs first, and add parts installation Previously Held by Eurocopter France) FOR FURTHER INFORMATION CONTACT: Hal prohibitions. The SNPRM also updated and Eurocopter France Helicopters Jensen, Aerospace Engineer, Operational the AD format. As a result, paragraph Safety Branch, Compliance & identifiers changed, editorial changes AGENCY: Federal Aviation Airworthiness Division, FAA, 950 were made to meet current publishing Administration (FAA), DOT. L’Enfant Plaza N SW, Washington, DC requirements, and the proposed ACTION: Final rule. 20024; telephone (202) 267–9167; email requirements were revised by removing [email protected]. unnecessary information. SUMMARY: The FAA is superseding SUPPLEMENTARY INFORMATION: The NPRM was prompted by DGAC Airworthiness Directive (AD) 2002–08– AD 2001–587–041(A) R2, dated January 16 for certain Eurocopter France Background 8, 2003 (DGAC AD 2001–587–041(A) SA341G, SA342J, and SA–360C The FAA issued a supplemental R2), issued by the DGAC, which was the helicopters. AD 2002–08–16 required notice of proposed rulemaking (SNPRM) Technical Agent for France, to correct removing certain main rotor head to amend 14 CFR part 39 to supersede an unsafe condition for Model SA 341/ torsion tie bars (tie bars) from service AD 2002–08–16 (67 FR 19640, April 23, 342 helicopters. The DGAC advised of and revising the limitations section of 2002) (AD 2002–08–16). AD 2002–08– another affected tie-bar P/N 704A33– the existing maintenance manual for 16 applied to Eurocopter France Model 633–270 and additional flight your helicopter by adding life limits for SA341G, SA342J, and SA–360C restrictions for the newly-affected tie certain other tie bars. This AD was helicopters with a tie bar part number bar. This condition, if not addressed, prompted by the determination that (P/N) 341A31–4904–00, –01, –02, –03; could result in failure of a tie bar and another part-numbered tie bar is 341A31–4933–00, –01; or 360A31– subsequent loss of control of the affected by the same unsafe condition. 1097–02, –03, installed. The SNPRM helicopter. Accordingly, DGAC AD This AD continues to require removing published in the Federal Register on 2001–587–041(A) R2, along with DGAC certain tie bars from service and May 20, 2021 (86 FR 27323). The FAA AD 2001–588–047(A) R1, dated establishing a life limit for certain other preceded the SNPRM with a notice of December 26, 2001 (DGAC AD 2001– tie bars. The FAA is issuing this AD to proposed rulemaking (NPRM) that 588–047(A) R1), for Model SA 360 address the unsafe condition on these published in the Federal Register on helicopters, require removing certain products. May 10, 2006 (71 FR 27215). The part-numbered tie bars from service and DATES: This AD is effective August 10, SNPRM proposed to continue to require a life limit for certain other part- 2021. removing tie bar P/Ns 341A31–4904–00, numbered tie bars. ADDRESSES: For Eurocopter service –01, –02, and –03; and 360A31–1097–02 Discussion of Final Airworthiness information identified in this final rule, and –03 from service. The SNPRM also Directive contact Airbus Helicopters, 2701 North proposed to prohibit installing those Forum Drive, Grand Prairie, TX 75052; part-numbered tie bars on any Comments telephone (972) 641–0000 or (800) 232– helicopter. The SNPRM proposed to The FAA received no comments on 0323; fax (972) 641–3775; or at https:// initially require removing tie bar P/Ns the SNPRM or on the determination of www.airbus.com/helicopters/services/ 341A31–4933–00 and –01; and 704A33– the costs. technical-support.html. You may view 633–270 from service if they have this service information at the FAA, accumulated or exceeded the specified Conclusion Office of the Regional Counsel, life limit, and thereafter removing those These helicopters have been approved Southwest Region, 10101 Hillwood part-numbered tie bars from service by the European Union Aviation Safety
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Agency (EASA) and are approved for detail the scope of the Agency’s No. FAA–2006–24733; Project Identifier operation in the United States. Pursuant authority. MCAI–2021–00139–R. to the FAA’s bilateral agreement with The FAA is issuing this rulemaking (a) Effective Date the European Union, the FAA has been under the authority described in This airworthiness directive (AD) is notified about the unsafe condition Subtitle VII, Part A, Subpart III, Section effective August 10, 2021. described in the DGAC ADs. The FAA 44701: General requirements. Under reviewed the relevant data and that section, Congress charges the FAA (b) Affected ADs determined that air safety requires with promoting safe flight of civil This AD replaces AD 2002–08–16, adopting this AD as proposed. aircraft in air commerce by prescribing Amendment 39–12725 (67 FR 19640, April Accordingly, the FAA is issuing this AD regulations for practices, methods, and 23, 2002) (AD 2002–08–16). to address the unsafe condition on these procedures the Administrator finds (c) Applicability helicopters. necessary for safety in air commerce. This AD applies to Airbus Helicopters This regulation is within the scope of Related Service Information (type certificate previously held by that authority because it addresses an Eurocopter France) Model SA341G and The FAA reviewed Eurocopter Alert unsafe condition that is likely to exist or SA342J and Eurocopter France Model SA– Service Bulletin No. 01.29, Revision 0, develop on products identified in this 360C helicopters, certificated in any category, dated December 4, 2002, and Eurocopter rulemaking action. with a main rotor head torsion tie bar (tie Alert Telex No. 01.39, Revision 1, dated bar), part number (P/N) 341A31–4904–00, December 11, 2001. This service Regulatory Findings –01, –02, –03; 341A31–4933–00, –01; 360A31–1097–02, –03; or 704A33–633–270, information specifies removing certain This AD will not have federalism installed. part-numbered tie bars at specified life implications under Executive Order limits. 13132. This AD will not have a (d) Subject substantial direct effect on the States, on Joint Aircraft Service Component (JASC) Differences Between This AD and the the relationship between the national Code: 6220, Main Rotor Head. DGAC ADs government and the States, or on the (e) Unsafe Condition For an affected tie bar that has distribution of power and accumulated 7 or more years since This AD was prompted by an accident responsibilities among the various caused by the failure of a tie bar. The FAA initial installation on any helicopter, levels of government. is issuing this AD to prevent failure of a tie DGAC AD 2001–587–041(A) R2 requires For the reasons discussed above, I bar, which if not addressed, could result in removing the tie bar before next flight, certify that this AD: loss of a main rotor blade and subsequent whereas this AD allows removal within (1) Is not a ‘‘significant regulatory loss of control of the helicopter. 5 hours TIS instead. action’’ under Executive Order 12866, (f) Compliance For an affected tie bar that has (2) Will not affect intrastate aviation accumulated 15 or more years since in Alaska, and Comply with this AD within the initial installation on any helicopter, compliance times specified, unless already (3) Will not have a significant done. DGAC AD 2001–588–047(A) R1 requires economic impact, positive or negative, removing the tie bar before next flight, on a substantial number of small entities (g) Required Actions whereas this AD does not. For an under the criteria of the Regulatory (1) For tie bar P/N 341A31–4904–00, –01, affected tie bar that has accumulated 7 Flexibility Act. –02, and –03; and 360A31–1097–02 and –03, or more years since initial installation before further flight after May 8, 2002 (the on any helicopter, DGAC AD 2001–588– List of Subjects in 14 CFR Part 39 effective date of AD 2002–08–16), remove the 047(A) R1 requires removing the tie bar Air transportation, Aircraft, Aviation tie bar from service. safety, Incorporation by reference, (2) For each tie bar P/N 341A31–4933–00 before next flight, whereas this AD and –01: allows removal within 5 hours TIS Safety. (i) Before further flight after May 8, 2002 instead. DGAC AD 2001–588–047(A) R1 The Amendment (the effective date of AD 2002–08–16), allows a ferry flight not to exceed 5 determine the date of initial installation on hours to return the helicopter to a Accordingly, under the authority any helicopter, or if the date of initial maintenance base, where as special delegated to me by the Administrator, installation cannot be determined, use the flight permits are prohibited by this AD. the FAA amends 14 CFR part 39 as date of manufacture. follows: (A) For a tie bar that has accumulated 7 or Costs of Compliance more years since initial installation on any The FAA estimates that this AD PART 39—AIRWORTHINESS helicopter, within 5 hours time-in-service affects 29 helicopters of U.S. Registry. DIRECTIVES (TIS) after May 8, 2002 (the effective date of AD 2002–08–16), remove the tie bar from Labor rates are estimated at $85 per ■ service. work-hour. Based on these numbers, the 1. The authority citation for part 39 continues to read as follows: (B) For a tie bar manufactured before 1995 FAA estimates the following costs to that has accumulated less than 7 years since comply with this AD. Authority: 49 U.S.C. 106(g), 40113, 44701. initial installation on any helicopter, before Replacing a tie bar takes about 1.5 accumulating 7 years since initial installation § 39.13 [Amended] work-hours and parts cost about $9,579 on any helicopter, before accumulating 300 for an estimated cost of $9,707 per tie ■ 2. The FAA amends § 39.13 by: total hours TIS, or within 1 year after May bar. ■ a. Removing Airworthiness Directive 8, 2002 (the effective date of AD 2002–08– 2002–08–16, Amendment 39–12725 (67 16), whichever occurs first, remove the tie Authority for This Rulemaking FR 19640, April 23, 2002); and bar from service. Title 49 of the United States Code ■ b. Adding the following new (C) For a tie bar manufactured in 1995 or later that has accumulated less than 7 years specifies the FAA’s authority to issue airworthiness directive: since initial installation on any helicopter, rules on aviation safety. Subtitle I, 2021–14–15 Airbus Helicopters (Type before accumulating 7 years since initial Section 106, describes the authority of Certificate Previously Held by installation on any helicopter, before the FAA Administrator. Subtitle VII, Eurocopter France) and Eurocopter accumulating 600 total hours TIS, or within Aviation Programs, describes in more France: Amendment 39–21642; Docket 2 years after May 8, 2002 (the effective date
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of AD 2002–08–16), whichever occurs first, (2) The subject of this AD is addressed in (15 CFR parts 730–774) impose remove the tie bar from service. Generale De L’Aviation Civile (France) AD additional license requirements on, and (ii) Thereafter following paragraph (g)(2)(i) 2001–588–047(A) R1, dated December 26, limit the availability of most license of this AD, remove any tie bar P/N 341A31– 2001, and AD 2001–587–041(A) R2, dated exceptions for, exports, reexports, and January 8, 2003. You may view those ADs at 4933–00 and –01 from service as follows: transfers (in-country) to listed entities. (A) For a tie bar manufactured before 1995, https://www.regulations.gov in Docket No. remove the tie bar from service before FAA–2006–24733. The license review policy for each listed entity is identified in the ‘‘License accumulating 300 total hours TIS or 1 year Issued on June 28, 2021. since initial installation on any helicopter, Review Policy’’ column on the Entity whichever occurs first, and Lance T. Gant, List, and the impact on the availability (B) For a tie bar manufactured in 1995 or Director, Compliance & Airworthiness of license exceptions is described in the later, remove the tie bar from service before Division, Aircraft Certification Service. relevant Federal Register document accumulating 600 total hours TIS or 2 years [FR Doc. 2021–14258 Filed 7–2–21; 8:45 am] adding entities to the Entity List. BIS since initial installation on any helicopter, BILLING CODE 4910–13–P places entities on the Entity List whichever occurs first. pursuant to part 744 (Control Policy: (3) For tie bar P/N 704A33–633–270: (i) Before further flight after the effective End-User and End-Use Based) and part date of this AD, determine the date of initial DEPARTMENT OF COMMERCE 746 (Embargoes and Other Special installation on any helicopter, or if the date Controls) of the EAR. of initial installation cannot be determined, Bureau of Industry and Security The End-User Review Committee use the date of manufacture. (ERC), composed of representatives of (ii) If the tie bar has accumulated 600 or 15 CFR Part 744 the Departments of Commerce (Chair), more total hours TIS or 2 or more years since [Docket No. 210629–0139] State, Defense, Energy and, where initial installation on any helicopter, appropriate, the Treasury, makes all whichever occurs first, before further flight, RIN 0694–AI52 decisions regarding additions to, remove the tie bar from service. removals from, or other modifications to (iii) If the tie bar has accumulated less than Addition of Certain Entities to the the Entity List. The ERC makes all 600 total hours TIS or 2 years since initial Entity List; Correction of Existing decisions to add an entry to the Entity installation on any helicopter, whichever Entry on the Entity List occurs first, remove the tie bar from service List by majority vote and makes all before accumulating 600 total hours TIS or 2 AGENCY: Bureau of Industry and decisions to remove or modify an entry years since initial installation on any Security, Commerce. by unanimous vote. helicopter, whichever occurs first. ACTION: Final rule. (iv) Thereafter following paragraph Burma (g)(3)(ii) or (iii) of this AD, remove any tie bar SUMMARY: This final rule amends the This rule is part of an ongoing effort P/N 704A33–633–270 from service before Export Administration Regulations by the United States Government to accumulating 600 total hours TIS or 2 years impose restrictions on Burmese entities since initial installation on any helicopter, (EAR) by adding four entities to the whichever occurs first. Entity List. These four entities have that support the Burmese military as (4) As of the effective date of this AD, do been determined by the U.S. part of a broader response to the not install tie bar P/N 341A31–4904–00, –01, Government to be acting contrary to the February 1, 2021 coup by the military, –02, or –03; or 360A31–1097–02 or –03, on foreign policy and national security which overthrew Burma’s any helicopter. interests of the United States and will be democratically-elected government. On (h) Special Flight Permits listed on the Entity List under the February 10, 2021, President Biden signed Executive Order (E.O.) 14014, Special flight permits are prohibited. destination of Burma. This rule also amends the EAR by correcting the ‘‘Blocking Property With Respect to the (i) Alternative Methods of Compliance address of one entity, listed under Situation in Burma’’ (E.O. 14104), in (AMOCs) Burma, on the Entity List. which he declared a national emergency (1) The Manager, International Validation DATES: This rule is effective July 6, to address the threat posed to the United Branch, FAA, has the authority to approve 2021. States by the situation in, and in AMOCs for this AD, if requested using the relation to, Burma following the coup. procedures found in 14 CFR 39.19. In FOR FURTHER INFORMATION CONTACT: See 86 FR 9429 (Feb. 12, 2021). accordance with 14 CFR 39.19, send your Chair, End-User Review Committee, Since February 2021, BIS has taken request to your principal inspector or local Office of the Assistant Secretary for several actions under the EAR to Flight Standards District Office, as Export Administration, Bureau of strengthen export controls on Burma. appropriate. If sending information directly Industry and Security, Department of to the manager of the International Validation These include the publication of Branch, send it to the attention of the person Commerce, Phone: (202) 482–5991, ‘‘Burma: Implementation of Sanctions’’ identified in paragraph (j)(1) of this AD. Email: [email protected]. (86 FR 10011) on February 18, 2021; Information may be emailed to: 9-AVS-AIR- SUPPLEMENTARY INFORMATION: ‘‘Burma: Implementation of Sanctions’’ [email protected]. (86 FR 13173) on March 8, 2021; Background (2) Before using any approved AMOC, ‘‘Addition of Entities to the Entity List’’ notify your appropriate principal inspector, Entity List (86 FR 13179) on March 8, 2021; and or lacking a principal inspector, the manager ‘‘Expansion of Certain End-Use and of the local flight standards district office/ The Entity List (supplement no. 4 to certificate holding district office. part 744 of the EAR) identifies entities End-User Controls and Controls on Specific Activities of U.S. Persons; (j) Related Information for which there is reasonable cause to believe, based on specific and Corrections; and Burma Sanctions’’ (86 (1) For more information about this AD, articulable facts, that the entities have FR 18433) on April 9, 2021. contact Hal Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & been involved, are involved, or pose a ERC Entity List Decisions significant risk of being or becoming Airworthiness Division, FAA, 950 L’Enfant Additions to the Entity List Plaza N SW, Washington, DC 20024; involved in activities contrary to the telephone (202) 267–9167; email hal.jensen@ national security or foreign policy This rule implements the decision of faa.gov. interests of the United States. The EAR the ERC to add four entities to the Entity
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List. The four entities are added based rule. BIS imposes a license review (including potential economic, on § 744.11 (License requirements that policy of a presumption of denial for environmental, public health and safety apply to entities acting contrary to the these four entities. The acronym effects, distributive impacts, and national security or foreign policy ‘‘a.k.a.,’’ which is an abbreviation of equity). Executive Order 13563 interests of the United States) of the ‘also known as,’ is used in entries on the emphasizes the importance of EAR. The four entities are located in Entity List to identify aliases, thereby quantifying both costs and benefits, of Burma. assisting exporters, reexporters and reducing costs, of harmonizing rules, By making these Entity List additions, transferors in identifying entities on the and of promoting flexibility. This rule this final rule further strengthens export Entity List. has been determined to be not controls on Burma and addresses the For the reasons described above, this significant for purposes of Executive foreign policy and national security final rule adds the following four Order 12866. concerns that formed the basis for the entities to the Entity List and includes, issuance of E.O. 14104. This rule also where appropriate, aliases: 2. Notwithstanding any other supports the United States provision of law, no person is required Government’s efforts to promote an Burma to respond to or be subject to a penalty immediate return to democracy in • King Royal Technologies Co., Ltd.; for failure to comply with a collection Burma. Specifically, BIS is adding the • Myanmar Wanbao Mining Copper, of information, subject to the following four entities to the Entity List Ltd.; requirements of the Paperwork under the destination of Burma: Wanbao • Myanmar Yang Tse Copper, Ltd.; Reduction Act of 1995 (44 U.S.C. 3501 Mining, Ltd. and its two subsidiaries, and et seq.) (PRA), unless that collection of Myanmar Wanbao Mining Copper, Ltd. • Wanbao Mining, Ltd. information displays a currently valid and Myanmar Yang Tse Copper, Ltd.; Correction to the Entity List Office of Management and Budget and King Royal Technologies Co., Ltd. (OMB) Control Number. This regulation In particular, by adding Wanbao This final rule implements a involves collections previously Mining, Ltd., Myanmar Wanbao Mining correction to one existing entry on the approved by OMB under control Copper, Ltd., and Myanmar Yang Tse Entity List for an entity that was added number 0694–0088, Simplified Network Copper, Ltd. to the Entity List, this rule to the Entity List under the destination Application Processing System, which enhances the U.S. Government’s efforts of Burma on March 8, 2021 (86 FR includes, among other things, license to ensure that items subject to the EAR 13180, March 8, 2021). Specifically, BIS applications and commodity are not available for copper mining is correcting the entry for Myanmar classification, and carries a burden Economic Corporation by changing the operations by these three entities, which estimate of 29.6 minutes for a manual or have revenue-sharing agreements with address to refer to ‘‘Burma.’’ electronic submission for a total burden Myanmar Economic Holdings Limited Savings Clause estimate of 31,835 hours. Total burden (MEHL). MEHL provides revenue for hours associated with the PRA and Burma’s Ministry of Defence, an entity Shipments of items removed from responsible for the February 1, 2021 eligibility for a License Exception or OMB control number 0694–0088 are not military coup. On March 8, 2021, BIS export, reexport, or transfer (in-country) expected to increase as a result of this added MEHL and the Ministry of without a license (NLR) as a result of rule. Defence to the Entity List. See 86 FR this regulatory action that were en route 3. This rule does not contain policies 13179 (March 8, 2021). Additionally, aboard a carrier to a port of export, with Federalism implications as that BIS is adding King Royal Technologies reexport, or transfer (in-country), on term is defined in Executive Order Co., Ltd., a telecommunications July 6, 2021, pursuant to actual orders 13132. company, to the Entity List for for export, reexport, or transfer (in- 4. Pursuant to section 1762 of the providing satellite communication country) to or within a foreign Export Control Reform Act of 2018, this destination, may proceed to that services in support of the Burmese action is exempt from the destination under the previous military. Administrative Procedure Act (5 U.S.C. Pursuant to § 744.11(b) of the EAR, eligibility for a License Exception or 553) requirements for notice of the ERC determined that the conduct of export, reexport, or transfer (in-country) proposed rulemaking, opportunity for the above-described four entities raises without a license (NLR). sufficient concerns that prior review, via public participation, and delay in the imposition of a license requirement Export Control Reform Act of 2018 effective date. for exports, reexports, or transfers (in- On August 13, 2018, the President 5. Because a notice of proposed country) of all items subject to the EAR signed into law the John S. McCain rulemaking and an opportunity for involving these four entities and the National Defense Authorization Act for public comment are not required to be possible issuance of license denials or Fiscal Year 2019, which included the given for this rule by 5 U.S.C. 553, or the possible imposition of license Export Control Reform Act of 2018 by any other law, the analytical conditions on shipments to these (ECRA) (50 U.S.C. 4801–4852). ECRA requirements of the Regulatory entities, will enhance BIS’s ability to provides the legal basis for BIS’s Flexibility Act, 5 U.S.C. 601, et seq., are prevent violations of the EAR or principal authorities and serves as the not applicable. Accordingly, no otherwise protect U.S. national security authority under which BIS issues this regulatory flexibility analysis is required or foreign policy interests. rule. and none has been prepared. For the four entities added to the Entity List in this final rule, BIS Rulemaking Requirements List of Subjects in 15 CFR Part 744 imposes a license requirement that 1. Executive Orders 13563 and 12866 applies to all items subject to the EAR. direct agencies to assess all costs and Exports, Reporting and recordkeeping In addition, no license exceptions are benefits of available regulatory requirements, Terrorism. available for exports, reexports, or alternatives and, if regulation is Accordingly, part 744 of the Export transfers (in-country) to the persons necessary, to select regulatory Administration Regulations (15 CFR being added to the Entity List in this approaches that maximize net benefits parts 730–774) is amended as follows:
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PART 744—[AMENDED] CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR ■ b. Revising the listing for ‘‘Myanmar 45167, 3 CFR, 1998 Comp., p. 208; E.O. Economic Corporation’’; and 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. ■ ■ c. Adding in alphabetical order entries 1. The authority citation for 15 CFR 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 part 744 continues to read as follows: Comp., p. 786; Notice of September 18, 2020, for ‘‘Myanmar Wanbao Mining Copper, Ltd.,’’ ‘‘Myanmar Yang Tse Copper, Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 85 FR 59641 (September 22, 2020); Notice of Ltd.,’’ and ‘‘Wanbao Mining, Ltd.’’. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. November 12, 2020, 85 FR 72897 (November 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 13, 2020). The additions and revision read as ■ et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 2. Supplement No. 4 to part 744 is follows: 20947, 3 CFR, 1978 Comp., p. 179; E.O. amended under BURMA by: ■ a. Adding in alphabetical order an Supplement No. 4 to Part 744—Entity 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. List 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 entry for ‘‘King Royal Technologies Co., Comp., p. 950; E.O. 13026, 61 FR 58767, 3 Ltd.’’; * * * * *
License Federal Register Country Entity requirement License review policy citation
*******
BURMA ...... ****** King Royal Technologies Co., Ltd., All items subject to the Presumption of denial ...... 86 FR [INSERT FR PAGE a.k.a., the following one alias: EAR. (See § 744.11 of NUMBER AND July 6, —KRT. the EAR). 2021]. 4, Min Dhama Rd., Shwe Gabar 6th St, Shwe Gabar Housing, Mayangone, Yangon , Burma; and Room 4 Shwe Gabar 6th Yangon, Burma. ****** Myanmar Economic Corporation, a.k.a., For all items subject to Presumption of denial ...... 86 FR 13180, 3/8/2021. the following one alias: the EAR. (See § 744.11 86 FR [INSERT FR —MEC. of the EAR). PAGE NUMBER AND July 6, 2021]. Corner of Ahlone Road and Strand Road, Ahlone Township, Yangon, Burma. ****** Myanmar Wanbao Mining Copper, Ltd., All items subject to the Presumption of denial ...... 86 FR [INSERT FR PAGE Yangon Office 70 (I)Bo Chein Street EAR. (See § 744.11 of NUMBER AND July 6, Pyay Road, Hlaing Township, the EAR). 2021]. Yangon, Burma. Myanmar Yang Tse Copper, Ltd., 70/I, All items subject to the Presumption of denial ...... 86 FR [INSERT FR PAGE Bo Chein St., Ward (11), Hlaing, EAR. (See § 744.11 of NUMBER AND July 6, Yangon, Burma. the EAR). 2021]. Wanbao Mining, Ltd., 70 Bo Chain Ln, All items subject to the Presumption of denial ...... 86 FR [INSERT FR PAGE Yangon, Burma. EAR. (See § 744.11 of NUMBER AND July 6, the EAR). 2021].
*******
* * * * * DEPARTMENT OF HOUSING AND Improved Agency Guidance URBAN DEVELOPMENT Documents.’’ This order required Matthew S. Borman, Federal agencies to publish regulations Deputy Assistant Secretary for Export 24 CFR Part 11 to codify processes and procedures for Administration. [Docket No. FR–6192–F–02] issuing guidance documents. HUD [FR Doc. 2021–14367 Filed 7–2–21; 8:45 am] created new regulations that outlined RIN 2501–AD93 BILLING CODE 3510–33–P HUD policy and procedures for issuing Implementing Executive Order 13992, guidance documents. On January 20, Revocation of Certain Executive 2021, President Biden issued Executive Orders Concerning Federal Regulation Order 13992, ‘‘Revocation of Certain Executive Orders Concerning Federal AGENCY: Office of General Counsel, Regulation’’ which, among other things, HUD. revoked Executive Order 13891. After ACTION: Final rule. considering the public comments HUD SUMMARY: On November 10, 2020, the received in response to its interim final U.S. Department of Housing and Urban rule and given the revocation of Development (HUD, or the Department) Executive Order 13891, this final rule published an interim final rule that removes the regulations HUD created in implemented Executive Order 13891, January. ‘‘Promoting the Rule of Law Through
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DATES: Effective August 5, 2021. procedure for the public to request confidently rely. Notwithstanding this FOR FURTHER INFORMATION CONTACT: withdrawal or modification of a determination, HUD takes the Aaron Santa Anna, Associate General guidance document. In issuing its opportunity in this rule to respond to Counsel, Office of Legislation and interim final rule, HUD determined that public comments received in response Regulations, Office of General Counsel, good cause existed to omit advanced to its interim final rule. Department of Housing and Urban public comment because the rule was Development, 451 Seventh Street SW, limited to internal HUD procedures and III. The Public Comments did not impose new requirements on Room 10282, Washington, DC 20410– The comment period for HUD’s members of the public. The rule took 5000; telephone (202) 402–5300 (this is interim final rule closed on January 11, not a toll-free telephone number). effect on December 10, 2020. 2021. HUD received seven public Persons with hearing or speech Although HUD determined that good impairments may access this number cause existed to publish its interim final comments from various housing policy via TTY by calling the toll-free Federal rule prior to soliciting public comment, and legal interest groups, a law firm, Information Relay Service at 1–800– HUD provided for a 60-day public and two public housing agencies 877–8339. comment period. In response to its (PHAs). HUD appreciates the time that SUPPLEMENTARY INFORMATION: interim final rule, HUD received seven commenters took to review its interim public comments which were mostly final rule and provide helpful I. Background critical of, or recommended significant information and valuable comments and A. Executive Order 13891 on Promoting changes to, the interim final rule. A recommendations. summary of these comments and HUD’s the Rule of Law Through Improved The Comments Generally Agency Guidance Documents responses to them are provided in Section III of this document. On October 9, 2019 (84 FR 55235), the Most commenters opposed the President issued Executive Order (E.O.) C. Executive Order on Revocation of interim final rule and urged HUD to 13891, ‘‘Promoting the Rule of Law Certain Executive Orders Concerning withdraw or rescind the rule and Through Improved Agency Guidance Federal Regulation of January 20, 2021 ‘‘abandon’’ codification of 24 CFR part Documents.’’ E.O. 13891 recognized that On January 20, 2021, President Biden 11. Most commenters stated that HUD the Administrative Procedure Act (5 issued E.O. 13992, ‘‘Executive Order on should encourage the facilitation and U.S.C. 551–559) (APA) exempts Revocation of Certain Executive Orders dissemination of guidance, particularly ‘‘interpretive rules, general statements Concerning Federal Regulation,’’ which given the urgent need for federal of policy, or rules of agency among other things, revoked E.O. 13891. response to current crises, such as the organization, procedure or practice,’’ E.O. 13992 also directed agencies to COVID–19 pandemic and lack of except when required by statute, from promptly take steps to rescind any affordable housing, and housing the notice and comment requirements orders, rules, regulations, guidelines, or discrimination. These commenters for rulemaking. (5 U.S.C. 553(b)). E.O. policies, or portions thereof that stated that the rule would make it more 13891 stated, however, that, in the view implemented or enforced the Executive difficult for HUD to quickly respond to of the last administration, agencies have Orders revoked. E.O. 13992 states, ‘‘It is these crises and fulfill its mission of sometimes used this authority to issue the policy of [the] Administration to use creating strong, sustainable, inclusive guidance documents that regulate the available tools to confront the urgent communities. public without following the notice and challenges facing the Nation, including comment rulemaking procedures of the the coronavirus disease 2019 (COVID– A majority of the commenters also APA. As a result, E.O. 13891 required 19) pandemic, economic recovery, racial thought that the rule would create Federal agencies to issue regulations to justice, and climate change. To tackle confusion among HUD stakeholders and codify processes and procedures for these challenges effectively, executive the public. Commenters stated that the issuing guidance documents. Among departments and agencies (agencies) interim final rule ‘‘would have a other things, E.O. 13891 required that must be equipped with the flexibility to negative impact on the successful agency regulations establish procedures use robust regulatory action to address administration of HUD’s programs,’’ and for modifying, withdrawing, and using national priorities. This order revokes would ‘‘significantly delay each guidance documents, including harmful policies and directives that program office’s ability to be responsive requiring notice and comment for threaten to frustrate the Federal to emergencies and emerging questions significant guidance documents, and Government’s ability to confront these and issues and increase the workload taking and responding to petitions from problems and empowers agencies to use for HUD.’’ Commenters also warned that the public for withdrawal or appropriate regulatory tools to achieve the burdens and delays imposed by the modification of a particular guidance these goals.’’ interim final rule would negatively document. II. This Final Rule impact the ability of stakeholders such B. HUD’s Interim Final Rule as PHAs, tenants, and advocacy groups Given the revocation of E.O. 13891, to carry out their respective missions In response to E.O. 13891, HUD and after considering the public and may subject their programs to published an interim final rule on comments HUD received in response to litigation. November 10, 2020 (85 FR 71537) that the interim final rule, HUD has decided established a new part 11 in title 24 of to remove 24 CFR part 11. In reaching Two commenters generally supported the CFR. The new part 11 required HUD this conclusion, HUD concluded that the interim final rule but offered to follow certain procedures in issuing the interim final rule deprives HUD of recommendations for significant guidance documents. These procedures necessary flexibility to determine when changes, such as expanding it to provide included: Establishing a single agency and how to best issue guidance the public an opportunity to request the website where the public can find all documents based on particular facts and issuance of new guidance or the HUD guidance in effect; OMB review of circumstances, and unduly restricts reinstatement of rescinded guidance. significant guidance; public comment HUD’s ability to provide timely One commenter recommended that on significant guidance; and a guidance on which the public can HUD include an explicit judicial review
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provision to make it clear when review programs. In support of this policy, unclear, overly broad, and susceptible to of a document becomes final to permit HUD must have flexibility to quickly variance. One commenter stated that an interested party to seek redress from issue guidance to further the terms used in the definition of the courts. implementation of HUD’s programs ‘‘significant guidance,’’ such as ‘‘serious Comment: The Interim final rule’s without additional barriers. As inconsistency’’ or ‘‘interference’’ with procedural requirements will delay the commenters noted, applying the notice another agency, are so vague that ‘‘if issuance of guidance and limit HUD’s and comment process to significant [the interim final rule is] interpreted flexibility in issuing guidance. guidance documents would broadly, nearly every piece of guidance Commenters expressed concern with unnecessarily detract from HUD’s not explicitly exempted from being the review of HUD guidance by the ability to respond to the needs of its considered significant guidance will be Office of Information and Regulatory stakeholders and adversely impact its subject to the burdensome OIRA review Affairs (OIRA) and the need for HUD to ability to issue regulations under the and public comment process.’’ The receive and review public comments on APA by diverting HUD and OMB commenter also noted the lack of significant guidance. One commenter resources away from rulemaking explanation for how economic impact stated that OIRA is a small office with processes. In addition, HUD currently analyses would be conducted for a heavy workload that is slow to seeks input from the public on many of significant guidance, and the apparent formally review proposed and final its guidance documents and often issues lack of public access to such analyses. rules submitted by HUD. The guidance documents in response to such HUD Response: HUD agrees that the commenter stated that adding the input and frequently asked questions. terms and definitions used by the review of many HUD guidance Similarly, HUD agrees that the petition interim final rule lack clarity and could documents to OIRA’s workload would process would cause delay in HUD’s lead to confusion and inconsistent cause significant delays in the issuance ability to disseminate guidance implementation of HUD’s programs. of both HUD’s guidance documents and documents. Furthermore, HUD agrees HUD appreciates the commenters’ its rules issued under the that there is no need to codify such a recommendations regarding legal Administrative Procedure Act. Another requirement because HUD can and does opinions, but each legal opinion is commenter stated that ‘‘applying such already receive requests from the public party- and fact-specific, and HUD does procedures to sub-regulatory guidance which it considers when issuing, not believe that they can be made creates unnecessary and burdensome updating, and rescinding guidance. generally applicable to other similarly bureaucracy.’’ Other commenters said Comment: The ambiguity of the terms situated parties. As for the NOFA that the review, approval, and signature used in the interim final rule make the process, PHAs and other entities are process for significant guidance ‘‘would scope of the rule unclear. permitted to follow-up with HUD with hamper [HUD’s] ability to act nimbly to Commenters stated that the interim questions regarding NOFAs and provide issue guidance on key issues.’’ Finally, final rule lacks clarity, uses ambiguous feedback for future NOFAs regardless of one commenter noted that the rule terms, and creates general the language in part 11. would not only delay, but ultimately implementation issues. Many Lastly, HUD agrees with public prevent, the dissemination of guidance. commenters stated that the interim final commenters that the definitions of Commenters also stated that allowing rule does not provide clear definitions ‘‘guidance’’ and ‘‘significant guidance’’ petitions to modify or rescind guidance and does not clarify which types of could be interpreted broadly and doing documents and the requirement for communication are subject to the rule. so would make issuing guidance HUD to respond to each petition in For example, commenters noted that the challenging. HUD notes that the writing, would drain scarce agency definition of ‘‘significant guidance’’ interim final rule’s definition of what resources and hamper HUD’s ability to incorporated in the interim final rule constitutes ‘‘guidance’’ is vague and issue important guidance. One mirrors the definition in E.O. 12866 makes the scope of the rule unclear. One commenter stated that the process of (Regulatory Planning and Review) for commenter noted that the definition of permitting HUD to issue a coordinated ‘‘significant regulatory action’’ and ‘‘guidance’’ could be read broadly response to similar petitions is includes ‘‘novel legal or policy issues’’ enough to include ‘‘virtually all written insufficient to address delay issues. The which challenges articulating a specific communications HUD delivers to commenter further said that HUD would definition. Notwithstanding, the stakeholders.’’ be ‘‘doing the work’’ for petitioners with requirement that HUD provide an One commenter found the definition inadequate submissions ‘‘by laying out economic analysis for guidance that of guidance lacking and recommended a roadmap and effectively crafting rises to the level of ‘‘significant that legal opinions directed to parties arguments for petitioners to have their regulatory action’’ creates additional about circumstance-specific questions petitions successfully adjudicated.’’ challenges to the Department’s ability to and Notices of Funding Availability Another commenter added that the timely issue guidance and outweighs (NOFAs) 1 be added to the definition of ‘‘petition mechanism will likely confuse any benefit resulting from the interim guidance documents. The commenter funding recipients,’’ which in turn final rule. would create more work for HUD staff suggested that legal opinions are helpful Comment: The interim final rule and delay day-to-day programmatic to more than a single PHA facing similar creates uncertainty. decision-making. The commenter also factual scenarios. Commenters stated that the noted that ‘‘the interim final rule will Commenters also stated that the uncertainty created by the interim final strip authority from the career experts definition of ‘‘significant guidance’’ is rule would negatively affect HUD who normally develop guidance . . . constituencies that routinely rely on 1 HUD currently uses the term Notices of Funding and place day-to-day decisions directly Opportunity or ‘‘NOFO’’ for documents that would HUD guidance, including tenants, into the hands of non-experts’’. previously have been referred to as NOFAs. This advocates, owners, vulnerable HUD Response: HUD agrees that the change is based on the terminology used in Office populations, and PHAs. One commenter timely dissemination of guidance of Management and Budget Management in its stated that HUD guidance is Guidance for Grants and Agreements (85 FR 49506, documents is important to the August 13, 2020). However, following the undermined by the provision noting successful administration and terminology used in the public comments, this that ‘‘the authority is nonbinding and consistent implementation of its document uses the term ‘‘NOFA’’ throughout. unenforceable.’’ The commenter stated
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that the interim final rule would § 11.6(b), and stated that stakeholders asked what HUD intends to do with the ultimately lead to inconsistent cannot discern ‘‘when HUD is soliciting guidance documents not posted on this interpretations of HUD guidance public input on potential significant new guidance website, or what will because the provision negates the guidance.’’ Another commenter stated happen with guidance documents that purpose of issued guidance ‘‘by inviting that the applicability of the good cause are removed from the website. PHAs and owners to ignore it.’’ Another exception is unclear. Other commenters questioned commenter stated that if a guidance One commenter stated that under the whether the guidance portal will document, which PHAs have routinely interim final rule, it is unclear how achieve the goal of making program incorporated into their policies for HUD would notify the public when policies more transparent. One decades, is determined to have no legal significant guidance documents are commenter specifically noted that effect or rescinded, PHAs will find available for comment, for example, separating guidance documents from themselves ‘‘in limbo’’ with no new whether HUD would publish the other types of documents (such as, replacement guidance. significant guidance documents in the NOFAs, legal briefs, and opinions) One commenter stated that the Federal Register or post an open letter makes program administration and interim final rule may adversely impact on its website. The commenter policies less transparent, especially vulnerable populations and encourage requested that HUD explain how it since it is not clear what a guidance discriminatory policies. For example, would choose between outreach document is under the interim final survivors of domestic violence, sexual methods. rule. The commenter also questioned assault, and stalking would be left Commenters also stated that the what HUD meant by describing the without access to certain remedies and interim final rule lacked clarity as to guidance portal as ‘‘a single, accessible procedures established under guidance whether it applies to guidance source of information’’ for HUD (but not mentioned in statutes or retroactively and sought clarification on programs and policies. The commenter regulations). According to the whether existing guidance documents recommended that ‘‘it would be better commenter, ignoring guidance on remain in effect. One commenter to organize relevant documents of all emergency transfers leaves ‘‘survivors recommended that the scope of the types by program and subject matter, without a clear path to obtaining an interim final rule be limited to future rather than by document type.’’ emergency transfer, leaving them in guidance and allow current guidance to Another commenter asked whether unsafe situations for longer periods of remain in place until the issuance of PHAs or members of the public could time.’’ The commenter also stated, by newly issued guidance documents. challenge HUD’s decision to include or way of example, that ‘‘people with HUD Response: HUD agrees that the not include a guidance document on its disabilities rely on HUD guidance to processes outlined in the interim final website. The commenter noted that determine where they can live with rule lack clarity and would likely lead stakeholders ‘‘should have a formal their assistance or emotional support to the inconsistent application of HUD’s opportunity to inform HUD if animals’’ and provide people with programs. HUD also agrees that the use previously-issued helpful guidance has disabilities a ‘‘greater security when of guidance is helpful to supplement been omitted from the guidance confronting housing discrimination.’’ A regulatory and statutory requirements website.’’ The commenter also commenter further asserted that ‘‘by and that HUD does not want to suggest, recommended that HUD include on the suggesting that PHAs or owners ignore as a commenter stated, that guidance portal cross-references to other federal HUD guidance, HUD encourages documents can be ignored. HUD agrees agencies’ guidance documents which discriminatory policies against tenants that HUD guidance documents that aim potentially impact PHAs, such as, the with disabilities who need to prohibit and prevent discrimination Federal Highway Administration’s accommodations.’’ against persons with disabilities and guidance on relocation under the Several commenters stated that the other protected classes should be Uniform Relocation Assistance and Real process for public petition would reasonably relied on by stakeholders. Property Acquisition Act. reduce reliance on guidance documents As for the ambiguity pointed out by HUD Response: HUD will continue to because it permits repeated requests for commenters on procedures and disseminate and provide guidance recission of certain documents, and processes for public petitions, documents pertaining to specific ‘‘create[s] a constant and ongoing state identification of significant guidance for programs and agrees that continuing to of uncertainty about whether the public comment, and retroactivity of the organize documents by program type guidance will continue in effect or be rule, HUD agrees that the rule provided and subject matter may be helpful to withdrawn or modified pursuant to a minimal guidance to the public on how PHAs and others using HUD programs. petition from the public.’’ Other HUD would address those provisions At the same time, it will continue to commenters stated that it is not clear and believes this further supports the pursue ways to make its guidance how the review of a petition would determination to remove 24 CFR part documents more accessible to the operate or what remedies would be 11. public. available if the public disagrees with a Comment: The new indexed website Comment: HUD lacked good cause to determination made by HUD in portal is misguided. bypass the APA’s notice-and-comment response to a petition. One commenter supported HUD’s use procedures. One commenter focused on several of the indexed guidance portal, but Several commenters questioned other aspects of the interim final rule many had questions about it. A HUD’s authority to publish the interim that the commenter said are unclear, commenter questioned whether HUD final rule without first seeking public including the ‘‘description of the public has the operational capacity to establish comment, noting that HUD did not participation requirement;’’ whether any and maintain a ‘‘single, searchable, adequately establish good cause to issue exceptions to OIRA review under § 11.8 indexed website’’ as required by the the rule. Commenters stated that no apply; how these exceptions interact interim final rule. The commenter stated emergency or exigency existed to justify with § 11.3(b); and the implications of that although the interim final rule went application of the good cause exception. the interim final rule on joint agency into effect on December 10, 2020, ‘‘it These commenters said the fact that guidance. For the public participation appears no such guidance website has HUD issued its interim final rule more requirement, the commenter referred to been established.’’ The commenter also than a year after the issuance of E.O.
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13891 undercuts HUD’s justification to guidance, or creation of new guidance, ineffective, insufficient, or excessively omit prior public comment. and establishing a mechanism for burdensome, and to modify, streamline, Commenters also stated that ‘‘the expediting guidance when necessary. expand, or repeal them in accordance approach taken by HUD in this Another commenter stated that the rule with what has been learned.’’ E.O. rulemaking is wholly inconsistent with does not explain how new procedures, 13563 also directs that, where relevant, the value of public input.’’ Some namely the petition process, will be feasible, and consistent with regulatory commenters stated that if HUD goes on accessible to people with disabilities objectives, and to the extent permitted to implement regulations on guidance, and emphasized the importance of by law, agencies are to identify and HUD should follow normal notice-and- ‘‘ensuring that people with disabilities consider regulatory approaches that comment procedure beginning with a are afforded equal opportunity to reduce burdens and maintain flexibility proposed rule and should better involve comment during public notice and and freedom of choice for the public. stakeholders, such as PHAs. comment periods.’’ One commenter This rule was determined not to be a HUD Response: HUD’s authority to recommended extending the comment ‘‘significant regulatory action,’’ under issue the interim final rule without the period for significant guidance to 60 section 3(f) of E.O. 12866 and therefore public notice period relied on both the days, instead of the existing 30 days, was not reviewed by OMB. This rule is APA and 24 CFR part 10 authority to because significant guidance documents also not a major rule under the issue rules regarding internal ‘‘are likely to be complex in subject Congressional Review Act (5 U.S.C. 801 procedures prior to receiving public matter and scope.’’ et seq.), as designated by the Office of comment. HUD appreciates and HUD Response: HUD disagrees with Information and Regulatory Affairs understands the commenters’ concerns, these recommendations. Providing for (OIRA). but HUD maintains that the interim ‘‘judicial review after the final Environmental Impact final rule was procedural rather than disposition of a petition for withdrawal substantive, because it affected only or modification of guidance documents’’ The rule does not direct, provide for HUD internal procedures and imposed would create additional hurdles for assistance or loan and mortgage no obligations on parties outside the HUD’s issuance of guidance documents. insurance for, or otherwise govern or federal government. Specifically, the Similarly, providing the public a formal regulate, real property acquisition, regulation required HUD to issue and opportunity to request the issuance of disposition, leasing, rehabilitation, maintain guidance documents in a new guidance or the reinstatement of alteration, demolition, or new certain manner but did not create any rescinded guidance would be extremely construction, or establish, revise, or new obligations for parties other than time consuming, require the use of provide for standards for construction or HUD itself. HUD also notes that while limited HUD resources, and impede construction materials, manufactured it issued the interim final rule for HUD’s ability to provide timely housing, or occupancy. Accordingly, immediate effect, it provided the guidance, particularly in times of crisis. under 24 CFR 50.19(c)(1), this rule is opportunity for public comment that Moreover, HUD believes that categorically excluded from HUD has considered in issuing this final stakeholders already can and do environmental review under the rule. question or request the revision of National Environmental Policy Act of Comment: Changes could improve the existing guidance, reinstatement of old 1969 (42 U.S.C. 4321). interim final rule. guidance, or creation of new guidance. Some commenters generally Unfunded Mandates Reform Act HUD believes that engagement with the supported the interim final rule but The Unfunded Mandates Reform Act public in this informal manner made recommendations for significant of 1995 (2 U.S.C. 1531–1538) (UMRA) effectively addresses the needs of HUD changes. One commenter supported the establishes requirements for Federal stakeholders without the additional interim final rule’s provision that agencies to assess the effects of their burden of creating a formal process as provided the public a procedure to regulatory actions on State, local, and proposed. challenge the agency’s issuance of tribal governments and on the private President Biden’s ‘‘Executive Order guidance but recommended that the sector. This rule does not impose a on Revocation of Certain Executive interim final rule also provide for Federal mandate on any state, local, or Orders Concerning Federal Regulation,’’ ‘‘judicial review after the final tribal government, or on the private of January 20, 2021, revoking E.O. 13891 disposition of a petition for withdrawal sector, within the meaning of UMRA. or modification of guidance provides HUD the opportunity to documents.’’ The commenter reasoned remove 24 CFR part 11. Consideration of Regulatory Flexibility Act that without additional procedure, the comments received from the public The Regulatory Flexibility Act (RFA) regulated entities would have difficulty provide HUD an additional basis for (5 U.S.C. 601 et seq.), generally requires establishing that an agency’s removing 24 CFR part 11. an agency to conduct a regulatory determination on a challenged guidance IV. Findings and Certifications flexibility analysis of any rule subject to document is a ‘‘final agency action’’ notice and comment rulemaking subject to APA review. The commenter Regulatory Review—Executive Orders requirements unless the agency certifies recommended revising § 11.6, by adding 12866 and 13563 that the rule will not have a significant a paragraph that would provide, ‘‘[a]ny Under E.O. 12866 (Regulatory economic impact on a substantial agency pronouncement, response, or Planning and Review), a determination number of small entities. This rule failure to respond pursuant to this must be made regarding whether a removes 24 CFR part 11 which would section shall constitute final agency regulatory action is significant and, have required that HUD follow certain action under 5 U.S.C. 704 and shall be therefore, subject to review by the Office internal procedures in issuing guidance subject to review pursuant to 5 U.S.C. of Management and Budget (OMB) in documents. These procedures included 702.’’ accordance with the requirements of the establishing a single agency website Other commenters offered revisions to order. E.O. 13563 (Improving where the public can find all HUD § 11.6, including adding provisions for Regulations and Regulatory Review) guidance in effect; OMB review of the public to request clarification of directs executive agencies to analyze significant guidance; public comment existing guidance, reinstatement of old regulations that are ‘‘outmoded, on significant guidance; and a
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procedure for the public to request from certain provisions of the Privacy SIGPR .420—Audit and Evaluations withdrawal or modification of a Act. The exemption is intended to Records guidance document. Removal of these comply with the legal prohibitions SIGPR .421—Case Management System procedures imposes no significant against the disclosure of certain kinds of and Investigative Records economic impact on a substantial information and to protect certain SIGPR .423—Legal Records number of small entities. Therefore, the information maintained in this system The following are the reasons the undersigned certifies that this rule will of records. investigatory materials contained in the not have a significant impact on a DATES: Effective July 6, 2021. above-referenced systems of records substantial number of small entities. maintained by SIGPR may be exempted FOR FURTHER INFORMATION CONTACT: For from various provisions of the Privacy Executive Order 13132, Federalism questions about this notice and privacy Act pursuant to 5 U.S.C. 552a(j)(2) and issues, contact: Deputy Assistant E.O. 13132 (entitled ‘‘Federalism’’) (k)(2): Secretary for Privacy, Transparency, and prohibits an agency from publishing any (1) Exempted from 5 U.S.C. Records at U.S. Department of the rule that has federalism implications if 552a(e)(4)(G) and (f)(l) (Agency Treasury, 1500 Pennsylvania Avenue the rule either: (1) Imposes substantial Requirements and Rules) because NW, Washington, DC 20220; telephone: direct compliance costs on State and release would give individuals an (202) 622–5710. local governments and is not required opportunity to learn whether they have by statute, or (2) preempts State law, SUPPLEMENTARY INFORMATION: been identified as suspects or subjects of unless the agency meets the Background investigation. As further described in consultation and funding requirements the following paragraph, access to such of Section 6 of the E.O. This Interim SIGPR was established by the knowledge may impair the ability of the final rule does not have federalism Coronavirus Aid, Relief, and Economic Department of the Treasury and SIGPR implications and does not impose Security (CARES) Act of 2020. SIGPR (the Department/SIGPR) to carry out its substantial direct compliance costs on has the duty to conduct, supervise, and respective missions, since individuals State and local governments nor coordinate audits, evaluations, and could: preempt state law within the meaning of investigations of the making, purchase, (i) Take steps to avoid detection; the E.O. management, and sale of loans, loan (ii) Inform associates that an List of Subjects in 24 CFR Part 11 guarantees, and other investments made investigation is in progress; by the Secretary of the Treasury under (iii) Learn the nature of the Administrative practice and programs established by the Secretary, procedure. investigation; as authorized by Section 4018(c) of the (iv) Learn whether they are suspects PART 11 [REMOVED] CARES Act, and the management by the or, instead, have been identified as Secretary of programs, as authorized by alleged law violators; ■ Accordingly, for the reasons described Section 4018(c) of the CARES Act. (v) Begin, continue, or resume illegal in the preamble and under the authority SIGPR’s duties and responsibilities are conduct upon learning that they are not of 42 U.S.C. 3535(d), the U.S. set forth in Section 4018 of the CARES identified in the system of records; or Department of Housing and Urban Act, and in the Inspector General Act of (vi) Destroy evidence needed to prove Development removes 24 CFR part 11. 1978, 5 U.S.C. app. 3. SIGPR plans to the violation. Dated: June 24, 2021. create these systems of records to (2) Exempted from 5 U.S.C. facilitate SIGPR’s audits, evaluations, Marcia L. Fudge, 552a(d)(1), (e)(4)(H) and (f)(2), (3) and investigations, and other operations to Secretary. (5) (Access to Records and Agency (1) promote economy, efficiency, and Requirements and Rules) because [FR Doc. 2021–14019 Filed 7–2–21; 8:45 am] effectiveness in the administration of release might compromise the BILLING CODE 4210–67–P such programs; (2) prevent and detect Department’s/SIGPR’s ability to provide fraud and abuse in the programs and useful tactical and strategic information operations within its jurisdiction; and to law enforcement agencies by: DEPARTMENT OF THE TREASURY (3) keep the head of the establishment (i) Permitting access to records and the Congress fully informed about Office of the Secretary contained in the systems of records such problems and deficiencies relating to that it might provide information the administration of such programs and 31 CFR Part 1 concerning the nature of current operations and the necessity for and investigations and enable possible RIN 1505–AC73 progress of corrective action. Treasury is violators to avoid detection or publishing separately the notice of the apprehension by: Privacy Act; Special Inspector General new system of records to be maintained (A) Allowing the discovery of facts for Pandemic Recovery by SIGPR. that could form the basis for violators’ AGENCY: Departmental Offices, Under 5 U.S.C. 552a(j)(2) and (k)(2), arrests; Department of the Treasury. the head of a federal agency may (B) Enabling violators to destroy or ACTION: Final rule. promulgate rules to exempt a system of alter evidence of alleged criminal records from certain provisions of 5 conduct that could form the basis for SUMMARY: In accordance with the U.S.C. 552a if the system of records arrest; and requirements of the Privacy Act of 1974, contains investigatory materials (C) Using knowledge of the status of as amended, the Department of the compiled for law enforcement purposes. criminal investigations to delay the Treasury, Departmental Offices (DO), is Pursuant to these provisions, Treasury commission of a crime or commit a issuing a final rule to amend its exempts the following system of records crime at a location that might not be regulations to exempt portion of the from 5 U.S.C. 552a (c)(3), (c)(4), (d)(1), under surveillance. following new systems of records (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (ii) Permitting access to either on- maintained by the Special Inspector (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), going or closed investigative files might General for Pandemic Recovery (SIGPR) (f), and (g) of the Privacy Act: also reveal investigative techniques and
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procedures, the knowledge of which the fact that another agency is (i) In many cases, especially in the could enable individuals planning conducting an investigation into their early stages of an investigation, it may crimes to structure their operations to alleged criminal activities and could be impossible to immediately determine avoid detection or apprehension. reveal the geographic location of the whether information collected is (iii) Permitting access to investigative other agency’s investigation, the nature relevant and necessary, and information files and records also could disclose the and purpose of that investigation, and that initially appears irrelevant and identity of confidential sources and the dates on which that investigation unnecessary often may, upon further informants and the nature of the was active. Individuals possessing such evaluation or upon collation with information supplied, and thereby knowledge could take measures to avoid information developed subsequently, endanger the physical safety of those detection or apprehension by altering prove particularly relevant to a law sources by exposing them to possible their operations, transferring their enforcement program. reprisals for having provided the alleged criminal activities to other (ii) Not all violations of law information. In addition, confidential geographical areas, or destroying or discovered by the Department/SIGPR sources and informants might refuse to concealing evidence that would form fall within the investigative jurisdiction provide criminal investigators with the basis for arrest. In the case of a of the Department or SIGPR. To promote valuable information if they fear their delinquent account, such release might effective law enforcement, the identities may be revealed through enable the subject of the investigation to Department/SIGPR may disclose such disclosure of their names or the nature dissipate assets before levy. violations to other law enforcement of the information they supplied. Loss (ii) Moreover, providing accountings agencies, including state, local and of access to such sources would to the subjects of investigations would foreign agencies, that have jurisdiction seriously impair the Department’s/ alert them to the fact that the over the offenses to which the SIGPR’s ability to carry out its Department/SIGPR has information information relates. Otherwise, the respective mandate. regarding their alleged criminal Department/SIGPR might be placed in (iv) Furthermore, providing access to activities and could inform them of the the position of having to ignore information contained in the systems of general nature of that information. information relating to violations of law records could reveal the identities of Access to such information could reveal not within the jurisdiction of the undercover law enforcement officers the operations of the Department/ Department or SIGPR when that who compiled information regarding the SIGPR’s information-gathering and information comes to the Department/ individual’s alleged criminal activities analysis systems and permit individuals SIGPR’s attention during the collation and thereby endanger the physical to take steps to avoid detection or and analysis of information in its safety of those undercover officers or apprehension. respective records. their families by exposing them to (8) Exempted from 5 U.S.C. 552a(e)(2) (5) Exempted from 5 U.S.C. 552a(c)(4) possible reprisals. (Agency Requirements/Collection from (Accounting of Disclosures/Notice of (v) By compromising the law an Individual) because it could impair Record Correction or Dispute) because enforcement value of the systems of the Department’s ability to collate, this provision depends on an records for the reasons outlined in analyze, and disseminate investigative, individual’s having access to and an paragraph (2), subsections (i) through intelligence, and enforcement opportunity to request amendment of (iv), permitting access in keeping with information. In addition: records that are exempt from access for these provisions would discourage other (i) Most information collected about the reasons set out above, this provision law enforcement and regulatory an individual under criminal should not apply to the systems of agencies, foreign and domestic, from investigation is obtained from third records. freely sharing information with the parties, such as witnesses and Department/SIGPR and thus would (6) Exempted from 5 U.S.C. informants. It is usually not feasible to restrict the Department’s/SIGPR’s access 552a(e)(4)(I) (Agency Requirements/ rely upon the subject of the to information necessary to accomplish Publication of the Categories of Records) investigation as a source for information its respective mission most effectively. because it could compromise the regarding his or her alleged criminal (vi) Finally, the dissemination of Department/SIGPR’s ability to provide activities. certain information that the useful information to law enforcement (ii) An attempt to obtain information Department/SIGPR maintains in the agencies, since revealing sources for the from the subject of a criminal systems of records is restricted by law. information could: investigation will often alert that (3) Exempted from 5 U.S.C. (i) Disclose investigative techniques individual to the existence of an 552a(d)(2), (3) and (4), (e)(4)(H), and and procedures; investigation, thereby affording the (f)(4) (Access to Records) because these (ii) Result in threats or reprisals individual an opportunity to attempt to provisions pertain to requesting an against informants by the subjects of conceal his or her alleged criminal amendment or noting a dispute to investigations; and activities and thus avoid apprehension. records that are exempt from access for (iii) Cause informants to refuse to give (iii) In certain instances, the subject of the reasons set forth in paragraph (2) full information to criminal a criminal investigation may assert his above. investigators for fear of having their or her constitutional right to remain (4) Exempted from 5 U.S.C. 552a(c)(3) identities as sources disclosed. silent and refuse to supply information (Accounting for Disclosures) because (7) Exempted from 5 U.S.C. 552a(e)(1) to criminal investigators upon request. release of the accounting of disclosures (Agency Requirements/Maintaining (iv) During criminal investigations, it of the records in this system could Records) because the term ‘‘maintain’’ is often a matter of sound investigative impair the ability of law enforcement includes ‘‘collect’’ and ‘‘disseminate,’’ procedure to obtain information from a agencies outside the Department/SIGPR and application of this provision to the variety of sources to verify information from making effective use of systems of records could impair the already obtained from the subject of a information provided by the Department/SIGPR’s ability to collect criminal investigation or other sources. Department/SIGPR. Making accountings and disseminate valuable law (9) Exempted from 5 U.S.C. 552a(e)(3) of disclosures available to the subjects enforcement information in the (Agency Requirements/Informing of an investigation could alert them to following ways: Individuals) because it could impair the
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Department/SIGPR’s ability to collect have the expertise with which to make U.S. citizens or an alien lawfully and collate investigative, intelligence, such determinations. Information that admitted for permanent residence, small and enforcement data. In addition: may initially appear inaccurate, entities, as defined in the RFA, are not (i) Confidential sources or undercover irrelevant, untimely, or incomplete may, provided rights under the Privacy Act law enforcement officers often obtain when collated and analyzed with other and are outside the scope of this information under circumstances in available information, become more regulation. which it is necessary to keep the true pertinent as an investigation progresses. purpose of their actions secret so as not In addition, application of this Public Comments to let the subject of the investigation, or provision could seriously impede Treasury received no comment on the his or her associates, know that a criminal investigators and intelligence notice of proposed rulemaking. No criminal investigation is in progress. analysts in the exercise of their comment was received on the system of (ii) If it became known that the judgment in reporting results obtained records notice. Treasury will implement undercover officer was assisting in a during criminal investigations. the rulemaking as proposed. criminal investigation, that officer’s (11) Exempted from 5 U.S.C. physical safety could be endangered 552a(e)(8) (Agency Requirements/ List of Subjects in 31 CFR Part 1 through reprisal, and that officer may Notice) because it could reveal not be able to continue working on the investigative techniques and procedures Privacy. investigation. outlined in those records and to prevent For the reasons stated in the (iii) Individuals often feel inhibited revelation of the existence of an ongoing preamble, part 1, subpart C of Title 31 talking to a person representing a investigation where there is need to of the Code of Federal Regulations is criminal law enforcement agency but keep the existence of the investigation amended as follows: are willing to talk to a confidential secret. source or undercover officer whom they (12) Exempted from 5 U.S.C. 552a(g) PART 1—[AMENDED] believe is not involved in law (Civil Remedies) because, if the civil enforcement activities. remedies relate to provisions of 5 U.S.C. ■ 1. The authority citation for part 1 (iv) Providing a confidential source of 552a from which these rules exempt the continues to read as follows: information with written evidence that systems of records, there should be no he or she was a source, as required by Authority: 5 U.S.C. 301 and 31 U.S.C. 321. civil remedies for failure to comply with Subpart A also issued under 5 U.S.C. 552, as this provision, could increase the provisions from which the Department/ amended. Subpart C also issued under 5 likelihood that the source of information SIGPR is exempted. Exemption from U.S.C. 552a, as amended. would be subject to retaliation by the this provision will also protect the subject of the investigation. Department/SIGPR from baseless civil ■ 2. Section 1.36 is amended by adding (v) Individuals may be contacted court actions that might hamper its entries for ‘‘SIGPR .420’’, ‘‘SIGPR .421’’, during preliminary information ability to collate, analyze, and and ‘‘SIGPR .423’’ in alphanumeric gathering, surveys, or compliance disseminate investigative, intelligence, order to the tables in paragraphs projects concerning the administration and law enforcement data. (c)(1)(ii) and (g)(1)(ii) to read as follows: of the internal revenue laws before any Any information from a system of § 1.36 Systems exempt in whole or in part individual is identified as the subject of records for which an exemption is an investigation. Informing the from provisions of 5 U.S.C. 522a and this claimed under 5 U.S.C. 552a(j)(2) or 5 part. individual of the matters required by U.S.C. 552a(k)(2), which is also * * * * * this provision could impede or included in another system of records, compromise subsequent investigations. retains the same exempt status such (c) * * * (10) Exempted from 5 U.S.C. information has in the system of records (1) * * * 552a(e)(5) (Agency Requirements/ for which such exemption is claimed. (ii) * * * Record Maintenance). Because the This rule is not a ‘‘significant definition of ‘‘maintain’’ includes regulatory action’’’ under Executive Number System name ‘‘collect’’ and ‘‘disseminate,’’ this Order 12866. provision could hinder the initial Pursuant to the requirements of the collection of any information that might Regulatory Flexibility Act (RFA), 5 ***** not be determined or determinable, at U.S.C. 601–612, it is hereby certified SIGPR .420—Audit and Evaluations the moment of collection, to be accurate, that this rule will not have significant Records. relevant, timely, and complete. economic impact on a substantial SIGPR .421—Case Management System Similarly, application of this provision number of small entities. The term and Investigative Records. SIGPR .423—Legal Records. could seriously restrict the Department/ ‘‘small entity’’ is defined to have the SIGPR’s ability to disseminate same meaning as the terms ‘‘small * * * * * information pertaining to a possible business,’’ ‘‘small organization,’’ and violation of law to law enforcement and ‘‘small governmental jurisdiction’’ as (g) * * * regulatory agencies. In collecting defined in the RFA. (1) * * * information during a criminal The regulation, issued under sections (ii) * * * investigation, it is often impossible or (j)(2) and (k)(2) of the Privacy Act, is to unfeasible to determine accuracy, exempt certain information maintained Number System name relevance, timeliness, or completeness by the Department/SIGPR in the above- prior to collection of the information. In referenced systems of records from disseminating information to law certain Privacy Act requirements in this ***** enforcement and regulatory agencies, it system of records by individuals who SIGPR .420—Audit and Evaluations is often impossible to determine are United States citizens or aliens Records. accuracy, relevance, timeliness, or lawfully admitted for permanent SIGPR .421—Case Management System and Investigative Records. completeness prior to dissemination residence. In as much as the Privacy Act SIGPR .423—Legal Records. because the Department/SIGPR may not rights are personal and apply only to
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* * * * * to investigate, arrest, detain, or proposed rulemaking is required for this prosecute any United States personnel rule, the Regulatory Flexibility Act (5 Ryan Law, without the consent of the United U.S.C. 601–612) does not apply. Deputy Assistant Secretary Privacy, States, or of personnel of countries that Transparency, and Records. Paperwork Reduction Act are United States allies and who are not [FR Doc. 2021–14213 Filed 7–2–21; 8:45 am] parties to the Rome Statute or have not The Paperwork Reduction Act does BILLING CODE 4810–AK–P?≤ otherwise consented to ICC jurisdiction, not apply because this rule does not constituted an unusual and impose information collection extraordinary threat to the national requirements that would require the DEPARTMENT OF THE TREASURY security and foreign policy of the United approval of the Office of Management Office of Foreign Assets Control States and declared a national and Budget under 44 U.S.C. 3501 et seq. emergency to deal with that threat. List of Subjects in 31 CFR Part 520 On October 1, 2020, OFAC issued the 31 CFR Part 520 International Criminal Court-Related Administrative practice and International Criminal Court-Related Sanctions Regulations, 31 CFR part 520 procedure, Banks, Banking, Blocking of Sanctions Regulations (85 FR 61816, October 1, 2020) (the assets, International criminal court, ‘‘Regulations’’), as a final rule to Penalties, Reporting and recordkeeping AGENCY: Office of Foreign Assets implement E.O. 13928. The Regulations requirements, Sanctions. Control, Treasury. were issued in abbreviated form for the ACTION: Final rule. purpose of providing immediate PART 520—[REMOVED] guidance to the public. ■ SUMMARY: The Department of the On April 1, 2021, the President issued For the reasons set forth in the Treasury’s Office of Foreign Assets E.O. 14022, ‘‘Termination of Emergency preamble, and pursuant to 50 U.S.C. Control (OFAC) is removing from the With Respect to the International 1601–1651 and E.O. 14022 (86 FR Code of Federal Regulations the Criminal Court’’ (86 FR 17895, April 7, 17895, April 7, 2021), OFAC amends 31 International Criminal Court-Related 2021). In E.O. 14022, the President CFR chapter V by removing part 520. Sanctions Regulations as a result of the found that, although the United States Dated: June 30, 2021. termination of the national emergency continues to object to the ICC’s Bradley T. Smith, on which the regulations were based. assertions of jurisdiction over personnel Acting Director, Office of Foreign Assets DATES: This rule is effective July 6, of such non-States Parties as the United Control. 2021. States and its allies absent their consent [FR Doc. 2021–14337 Filed 7–2–21; 8:45 am] or referral by the United Nations FOR FURTHER INFORMATION CONTACT: BILLING CODE 4810–AL–P Security Council, the threat and OFAC: Assistant Director for Licensing, imposition of financial sanctions against 202–622–2480; Assistant Director for the ICC, its personnel, and those who Regulatory Affairs, 202–622–4855; or DEPARTMENT OF HOMELAND assist it are not an effective or SECURITY Assistant Director for Sanctions appropriate strategy for addressing the Compliance & Evaluation, 202–622– United States’ concerns with the ICC. Coast Guard 2490. Accordingly, the President terminated SUPPLEMENTARY INFORMATION: the national emergency declared in E.O. 33 CFR Part 100 13928 and revoked that order. Electronic Availability As a result, OFAC is removing the [Docket Number USCG–2021–0266] This document and additional Regulations from the Code of Federal RIN 1625–AA08 information concerning OFAC are Regulations. Pursuant to section 202(a) available on OFAC’s website: of the National Emergencies Act (50 Special Local Regulation; Back River, www.treasury.gov/ofac. U.S.C. 1622(a)) and section 2 of E.O. Baltimore County, MD Background 14022, termination of the national emergency declared in E.O. 13928 shall AGENCY: Coast Guard, DHS. On June 11, 2020, the President, not affect any action taken or ACTION: Temporary final rule. invoking the authority of, inter alia, the proceeding pending not finally SUMMARY: The Coast Guard is International Emergency Economic concluded or determined as of April 1, establishing a temporary special local Powers Act (50 U.S.C. 1701–1706) 2021 (the date of E.O. 14022), any action regulation for certain waters of Back (IEEPA), issued Executive Order (E.O.) or proceeding based on any act River. This action is necessary to 13928 (85 FR 36139, June 15, 2020), committed prior to the date of E.O. provide for the safety of life on these ‘‘Blocking Property of Certain Persons 14022, or any rights or duties that navigable waters located in Baltimore Associated With the International matured or penalties that were incurred County, MD, during a high-speed power Criminal Court.’’ In E.O. 13928, the prior to the date of E.O. 14022. President found that the International boat event on July 10, 2021, and July 11, Criminal Court’s (ICC) assertions of Public Participation 2021. This regulation prohibits persons jurisdiction over personnel of the Because the Regulations involve a and vessels from entering the regulated United States and certain of its allies foreign affairs function, the provisions area unless authorized by the Captain of threatened to subject current and former of E.O. 12866 of September 30, 1993, the Port Maryland-National Capital United States Government and allied ‘‘Regulatory Planning and Review’’ (58 Region or the Coast Guard Event Patrol officials to harassment, abuse, and FR 51735, October 4, 1993), and the Commander. possible arrest, and that these actions on Administrative Procedure Act (5 U.S.C. DATES: This rule is effective from 9 a.m. the part of the ICC, in turn, threatened 553) requiring notice of proposed on July 10, 2021, through 6 p.m. on July to infringe upon the sovereignty of the rulemaking, opportunity for public 11, 2021. United States. The President therefore participation, and delay in effective date ADDRESSES: To view documents determined that any attempt by the ICC are inapplicable. Because no notice of mentioned in this preamble as being
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available in the docket, go to https:// III. Legal Authority and Need for Rule Event PATCOM on VHF–FM channel www.regulations.gov, type USCG–2021– The Coast Guard is issuing this rule 16. Vessel traffic will be able to safely 0266 in the ‘‘SEARCH’’ box and click under authority in 46 U.S.C. 70041. The transit the regulated area once the Event ‘‘SEARCH.’’ Next, in the Document Captain of the Port Maryland-National PATCOM deems it safe to do so. A Type column, select ‘‘Supporting & Capital Region (COTP) has determined vessel within the regulated area must Related Material.’’ that potential hazards associated with operate at safe speed that minimizes wake. A person or vessel not registered FOR FURTHER INFORMATION CONTACT: If this July 10, 2021, and July 11, 2021 with the event sponsor as a participant you have questions on this rule, call or high-speed power boat event will be a or assigned as official patrols will be email Mr. Ron Houck, U.S. Coast Guard safety concern for anyone intending to considered a spectator. Official Patrols Sector Maryland-National Capital operate within certain waters of Back are any vessel assigned or approved by Region; telephone 410–576–2674, email River in Baltimore County, MD. The the Commander, Coast Guard Sector D05-DG-SectorMD-NCR-MarineEvents@ purpose of this rule is to ensure safety Maryland-National Capital Region with uscg.mil. of vessels and the navigable waters in the regulated area before, during, and a commissioned, warrant, or petty SUPPLEMENTARY INFORMATION: after the scheduled event. officer on board and displaying a Coast Guard ensign. Official Patrols enforcing I. Table of Abbreviations IV. Discussion of Comments, Changes, this regulated area can be contacted on CFR Code of Federal Regulations and the Rule VHF–FM channel 16 and channel 22A. COTP Captain of the Port As noted above, we received no If permission is granted by the COTP DHS Department of Homeland Security comments on our NPRM published May or Event PATCOM, a person or vessel FR Federal Register 25, 2021. There are no substantive will be allowed to enter the regulated NPRM Notice of proposed rulemaking changes in the regulatory text of this area or pass directly through the PATCOM Patrol Commander rule from the proposed rule in the regulated area as instructed. Vessels will § Section be required to operate at a safe speed U.S.C. United States Code NPRM. However, in subparagraph (c)(4), the term ‘‘race area’’ was changed to that minimizes wake while within the II. Background Information and ‘‘course area’’ to conform with the regulated area. A spectator vessel must Regulatory History remaining regulatory text. not loiter within the navigable channel This rule establishes special local while within the regulated area. Official On April 16, 2021, the Chesapeake regulations from 9 a.m. on July 10, 2021, patrol vessels will direct spectators to Bay Power Boat Association of through 6 p.m. on July 11, 2021. The the designated spectator area. Only Edgewater, MD, notified the Coast regulated area will cover all navigable participant vessels and official patrol Guard that from 10 a.m. to 5 p.m. on waters of Back River, within an area vessels will be allowed to enter the July 10, 2021, and from 10 a.m. to 5 p.m. bounded by a line connecting the course area. on July 11, 2021, it will be conducting following points: From the shoreline at V. Regulatory Analyses the 1st Annual Shootout on the River Lynch Point at latitude 39°14′46″ N, 2021 on Back River, between Lynch longitude 076°26′23″ W, thence We developed this rule after Point to the south and Walnut Point to northeast to Porter Point at latitude considering numerous statutes and the north, in Baltimore County, MD. In 39°15′13″ N, longitude 076°26′11″ W, Executive orders related to rulemaking. response, on May 25, 2021, the Coast thence north along the shoreline to Below we summarize our analyses Guard published a notice of proposed Walnut Point at latitude 39°17′06″ N, based on a number of these statutes and rulemaking (NPRM) titled ‘‘Special longitude 076°27′04″ W, thence Executive orders, and we discuss First Local Regulation; Back River, Baltimore southwest to the shoreline at latitude Amendment rights of protestors. County, MD’’ (86 FR 28049). There we ° ′ ″ ° ′ ″ 39 16 41 N, longitude 076 27 31 W, A. Regulatory Planning and Review stated why we issued the NPRM, and thence south along the shoreline to the invited comments on our proposed point of origin, located in Baltimore Executive Orders 12866 and 13563 regulatory action related to this high- County, MD. The duration of the special direct agencies to assess the costs and speed power boat competition. During local regulations and size of the benefits of available regulatory the comment period that ended June 9, regulated area are intended to ensure alternatives and, if regulation is 2021, we received no comments. the safety of vessels and these navigable necessary, to select regulatory Under 5 U.S.C. 553(d)(3), the Coast waters before, during, and after the approaches that maximize net benefits. Guard finds that good cause exists for high-speed power boat competition, This rule has not been designated a making this rule effective less than 30 scheduled from 10 a.m. to 5 p.m. on July ‘‘significant regulatory action,’’ under days after publication in the Federal 10, 2021, and from 10 a.m. to 5 p.m. on Executive Order 12866. Accordingly, Register. Due to the date of the event, July 11, 2021. The COTP and the Coast this rule has not been reviewed by the it would be impracticable to make the Guard Event Patrol Commander Office of Management and Budget regulation effective 30 days after (PATCOM) will have authority to forbid (OMB). publication in the Federal Register. and control the movement of all vessels This regulatory action determination Delaying the effective date of this rule and persons, including event is based on the location, size and would be impracticable and contrary to participants, in the regulated area. duration of the regulated area, which public interest because it would delay Except for 1st Annual Shootout on the would impact a small designated area of the safety measures necessary to River participants and vessels already at Back River for 18 total enforcement respond to potential safety hazards berth, a vessel or person will be hours. The Coast Guard will issue a associated with this marine event. required to get permission from the Broadcast Notice to Mariners via VHF– Immediate action is needed to protect COTP or Event PATCOM before FM marine channel 16 about the status participants, spectators, and other entering the regulated area. Vessel of the regulated area. Moreover, the rule persons and vessels during the high- operators will be able to request will allow vessels to seek permission to speed power boat event on these permission to enter and transit through enter the regulated area, and vessel navigable waters. the regulated area by contacting the traffic would be able to safely transit the
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regulated area once the Event PATCOM D. Federalism and Indian Tribal 001–01, Rev. 1. A Memorandum For deems it safe to do so. Governments Record for Categorically Excluded Actions supporting this determination is B. Impact on Small Entities A rule has implications for federalism under Executive Order 13132, available in the docket. For instructions The Regulatory Flexibility Act of Federalism, if it has a substantial direct on locating the docket, see the 1980, 5 U.S.C. 601–612, as amended, effect on the States, on the relationship ADDRESSES section of this preamble. requires Federal agencies to consider between the National Government and G. Protest Activities the potential impact of regulations on the States, or on the distribution of The Coast Guard respects the First small entities during rulemaking. The power and responsibilities among the Amendment rights of protesters. various levels of government. We have term ‘‘small entities’’ comprises small Protesters are asked to call or email the businesses, not-for-profit organizations analyzed this rule under that Order and person listed in the FOR FURTHER have determined that it is consistent that are independently owned and INFORMATION CONTACT section to with the fundamental federalism operated and are not dominant in their coordinate protest activities so that your principles and preemption requirements fields, and governmental jurisdictions message can be received without described in Executive Order 13132. with populations of less than 50,000. jeopardizing the safety or security of Also, this rule does not have tribal The Coast Guard received no comments people, places or vessels. from the Small Business Administration implications under Executive Order on this rulemaking. The Coast Guard 13175, Consultation and Coordination List of Subjects in 33 CFR Part 100 certifies under 5 U.S.C. 605(b) that this with Indian Tribal Governments, Marine safety, Navigation (water), rule will not have a significant because it does not have a substantial Reporting and recordkeeping economic impact on a substantial direct effect on one or more Indian requirements, Waterways. tribes, on the relationship between the number of small entities. For the reasons discussed in the Federal Government and Indian tribes, While some owners or operators of preamble, the Coast Guard amends 33 or on the distribution of power and vessels intending to transit the regulated CFR part 100 as follows: responsibilities between the Federal area established by the special local Government and Indian tribes. regulation may be small entities, for the PART 100—SAFETY OF LIFE ON reasons stated in section V.A above, this E. Unfunded Mandates Reform Act NAVIGABLE WATERS rule will not have a significant The Unfunded Mandates Reform Act ■ 1. The authority citation for part 100 economic impact on any vessel owner of 1995 (2 U.S.C. 1531–1538) requires continues to read as follows: or operator. Federal agencies to assess the effects of Authority: 46 U.S.C. 70041; 33 CFR 1.05– Under section 213(a) of the Small their discretionary regulatory actions. In 1. Business Regulatory Enforcement particular, the Act addresses actions ■ 2. Add § 100.T05–0266 to read as Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a follows: we want to assist small entities in State, local, or tribal government, in the understanding this rule. If the rule aggregate, or by the private sector of § 100.T05–0266 1st Annual Shootout on would affect your small business, $100,000,000 (adjusted for inflation) or the River, Back River, Baltimore County, organization, or governmental more in any one year. Though this rule MD. jurisdiction and you have questions will not result in such an expenditure, (a) Locations. All coordinates are concerning its provisions or options for we do discuss the effects of this rule based on datum WGS 1984. compliance, please call or email the elsewhere in this preamble. (1) Regulated area. All navigable FOR FURTHER waters of Back River, within an area person listed in the F. Environment INFORMATION CONTACT section. bounded by a line connecting the We have analyzed this rule under following points: From the shoreline at Small businesses may send comments Department of Homeland Security Lynch Point at latitude 39°14′46″ N, on the actions of Federal employees Directive 023–01, Rev. 1, associated longitude 076°26′23″ W, thence who enforce, or otherwise determine implementing instructions, and northeast to Porter Point at latitude compliance with, Federal regulations to Environmental Planning COMDTINST 39°15′13″ N, longitude 076°26′11″ W, the Small Business and Agriculture 5090.1 (series), which guide the Coast thence north along the shoreline to Regulatory Enforcement Ombudsman Guard in complying with the National Walnut Point at latitude 39°17′06″ N, and the Regional Small Business Environmental Policy Act of 1969 (42 longitude 076°27′04″ W, thence Regulatory Fairness Boards. The U.S.C. 4321–4370f), and have southwest to the shoreline at latitude Ombudsman evaluates these actions determined that this action is one of a 39°16′41″ N, longitude 076°27′31″ W, annually and rates each agency’s category of actions that do not thence south along the shoreline to the responsiveness to small business. If you individually or cumulatively have a point of origin, located in Baltimore wish to comment on actions by significant effect on the human County, MD. The course area, buffer employees of the Coast Guard, call 1– environment. This rule involves area, and spectator area are within the 888–REG–FAIR (1–888–734–3247). The implementation of regulations within 33 regulated area. Coast Guard will not retaliate against CFR part 100 applicable to organized (2) Course area. The course area is a small entities that question or complain marine events on the navigable waters polygon in shape measuring about this rule or any policy or action of the United States that could approximately 2.2 statute miles in of the Coast Guard. negatively impact the safety of length by 500 feet in width. The area is C. Collection of Information waterway users and shore side activities bounded by a line commencing at in the event area lasting for 18 total position latitude 39°16′53.5″ N, This rule will not call for a new enforcement hours. It is categorically longitude 076°26′53.4″ W, thence east to collection of information under the excluded from further review under latitude 39°16′54.4″ N, longitude Paperwork Reduction Act of 1995 (44 paragraph L61 of Appendix A, Table 1 076°26′47.1″ W, thence south to latitude U.S.C. 3501–3520). of DHS Instruction Manual 023–01– 39°15′01.1″ N, longitude 076°26′33.8″
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W, thence west to latitude 39°14′59.4″ warrant, or petty officer on board and person or vessel seeking such N, longitude 076°26′39.4″ W, thence displaying a Coast Guard ensign. permission can contact the COTP north to the point of origin. Participant means all persons and Maryland-National Capital Region at (3) Buffer area. The buffer area is a vessels registered with the event telephone number 410–576–2693 or on polygon in shape measuring sponsor as participating in the ‘‘1st Marine Band Radio, VHF–FM channel approximately 300 feet in all directions Annual Shootout on the River’’speed 16 (156.8 MHz) or the Event PATCOM surrounding the entire course area runs event, or otherwise designated by on Marine Band Radio, VHF–FM described in the preceding paragraph of the event sponsor as having a function channel 16 (156.8 MHz). this section. The area is bounded by a tied to the event. (6) The Coast Guard will publish a line commencing at position latitude Spectator means a person or vessel notice in the Fifth Coast Guard District 39°16′56.2″ N, longitude 076°26′57.7″ not registered with the event sponsor as Local Notice to Mariners and issue a W, thence east to latitude 39°16′57.7″ N, participants or assigned as official marine information broadcast on VHF– longitude 076°26′43.7″ W, thence south patrols. FM marine band radio announcing to latitude 39°14′59.0″ N, longitude Spectator area is an area described by specific event dates and times. 076°26′29.7″ W, thence west to latitude a line bound by coordinates provided in (d) Enforcement officials. The Coast 39°14′55.8″ N, longitude 076°26′42.7″ latitude and longitude that outlines the Guard may be assisted with marine W, thence north to the point of origin. boundary of a spectator area within the event patrol and enforcement of the (4) Spectator area. The designated regulated area defined by this part. regulated area by other federal, state, (c) Special local regulations. (1) The spectator area is a polygon in shape and local agencies. COTP Maryland-National Capital (e) Enforcement period. This section measuring approximately 1,000 yards in Region or Event PATCOM may forbid will be enforced from 9 a.m. to 6 p.m. length by 500 feet in width. The area is and control the movement of all vessels on July 10, 2021, and from 9 a.m. to 6 bounded by a line commencing at and persons, including event p.m. on July 11, 2021. position latitude 39°16′33.7″ N, participants, in the regulated area. longitude 076°26′40.7″ W, thence east to Dated: June 30, 2021. When hailed or signaled by an official latitude 39°16′34.5″ N, longitude David E. O’Connell, patrol, a vessel or person in the 076°26′34.7″ W, thence south to latitude Captain, U.S. Coast Guard, Captain of the regulated area shall immediately 39°16′05.0″ N, longitude 076°26′31.1″ Port Maryland-National Capital Region. comply with the directions given by the W, thence west to latitude 39°16′04.4″ [FR Doc. 2021–14342 Filed 7–2–21; 8:45 am] patrol. Failure to do so may result in the N, longitude 076°26′37.4″ W, thence BILLING CODE 9110–04–P Coast Guard expelling the person or north to the point of origin. vessel from the area, issuing a citation (b) Definitions. As used in this for failure to comply, or both. The COTP section— DEPARTMENT OF HOMELAND Maryland-National Capital Region or SECURITY Buffer area is a neutral area that Event PATCOM may terminate the surrounds the perimeter of the Course event, or a participant’s operations at Coast Guard Area within the regulated area described any time the COTP Maryland-National by this section. The purpose of a buffer Capital Region or Event PATCOM 33 CFR Part 117 area is to minimize potential collision believes it necessary to do so for the conflicts with marine event participants protection of life or property. [Docket No. USCG–2021–0336] or high-speed power boats and spectator (2) Except for participants and vessels vessels or nearby transiting vessels. This Drawbridge Operation Regulation; Fox already at berth, a person or vessel River, Oshkosh, WI area provides separation between a within the regulated area at the start of Course Area and a specified Spectator enforcement of this section must AGENCY: Coast Guard, DHS. Area or other vessels that are operating immediately depart the regulated area. ACTION: Notice of temporary deviation in the vicinity of the regulated area (3) A spectator must contact the Event from regulations; request for comments. established by the special local PATCOM to request permission to regulations. either enter or pass through the SUMMARY: The Coast Guard has issued a Captain of the Port (COTP) Maryland- regulated area. The Event PATCOM, and temporary deviation from the operating National Capital Region means the official patrol vessels enforcing this schedule that governs the Main Street Commander, U.S. Coast Guard Sector regulated area, can be contacted on Bridge, mile 55.97, the Jackson Street Maryland-National Capital Region or marine band radio VHF–FM channel 16 Bridge, mile 56.22, the Wisconsin Street any Coast Guard commissioned, warrant (156.8 MHz) and channel 22A (157.1 Bridge, mile 56.72, the Congress Avenue or petty officer who has been authorized MHz). If permission is granted, the Bridge, mile 58.01, all over the Fox by the COTP to act on his behalf. spectator must enter the designated River at Oshkosh, Wisconsin. This Course area is an area described by a Spectator Area or pass directly through deviation will test the remote operations line bound by coordinates provided in the regulated area as instructed by Event at each bridge with a drawtender in latitude and longitude that outlines the PATCOM. A vessel within the regulated attendance to supervise each remote boundary of a course area within the area must operate at safe speed that opening. The Coast Guard is seeking regulated area defined by this section. minimizes wake. A spectator vessel comments from the public regarding Event Patrol Commander or Event must not loiter within the navigable these proposed changes. PATCOM means a commissioned, channel while within the regulated area. DATES: This deviation is effective from warrant, or petty officer of the U.S. (4) Only participant vessels and midnight on June 30, 2021, through Coast Guard who has been designated official patrol vessels are allowed to midnight on October 7, 2021. Comments by the Commander, Coast Guard Sector enter the course area. and relate material must reach the Coast Maryland-National Capital Region. (5) A person or vessel that desires to Guard on or before November 1, 2021. Official Patrol means any vessel transit, moor, or anchor within the ADDRESSES: You may submit comments assigned or approved by Commander, regulated area must obtain authorization identified by docket number USCG– Coast Guard Sector Maryland-National from the COTP Maryland-National 2021–0336 using Federal eRulemaking Capital Region with a commissioned, Capital Region or Event PATCOM. A Portal at https://www.regulations.gov.
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See the ‘‘Public Participation and to see above and below the bridge, DEPARTMENT OF HOMELAND Request for Comments’’ portion of the including night vision cameras to SECURITY SUPPLEMENTARY INFORMATION section monitor approaching river traffic in below for instructions on submitting adverse weather conditions. Coast Guard comments. The Coast Guard will also inform the 33 CFR Part 165 FOR FURTHER INFORMATION CONTACT: If users of the waterways through our you have questions on this test Local Notice to Mariners when the [Docket No. USCG–2021–0489] deviation, call or email: Mr. Lee D. comment period opens and how to leave Safety Zones; Annual Events in the Soule, Bridge Management Specialist, comments. Ninth Coast Guard District; telephone Captain of the Port Buffalo Zone 216–902–6085, email Lee.D.Soule@ II. Public Participation and Request for AGENCY: Coast Guard, DHS. uscg.mil. Comments ACTION: Notice of enforcement of SUPPLEMENTARY INFORMATION: This We view public participation as regulation. portion of the Fox River at Oshkosh essential to effective rulemaking, and flows from Lake Butte Des Mortts to SUMMARY: The Coast Guard will enforce will consider all comments and material Lake Winnebago, passing through five a safety zone located in Federal received during the comment period. bridges. The first four bridges are regulations for a recurring marine event. Your comment can help shape the highway bridges: Main Street Bridge, This action is necessary and intended mile 55.97, the Jackson Street Bridge, outcome of this rulemaking. If you for the safety of life and property on mile 56.22, the Wisconsin Street Bridge, submit a comment, please include the navigable waters during this event. mile 56.72, the Congress Avenue Bridge, docket number for this rulemaking, During the enforcement period, no mile 58.01, and the fifth bridge is a indicate the specific section of this person or vessel may enter the single leaf bascule bridge that has been document to which each comment respective safety zone without the operating remotely successfully for over applies, and provide a reason for each permission of the Captain of the Port one year. Because of the success at the suggestion or recommendation. Buffalo. railroad bridge, we are considering We encourage you to submit DATES: The regulations listed in 33 CFR allowing the other four bridges to comments through the Federal 165.939 as listed in Table 165.939(b)(10) operate remotely. During the summer, eRulemaking Portal at https:// will be enforced from 9:45 p.m. through one hundred recreational vessels pass www.regulations.gov. If your material 10:45 p.m. on July 9, 2021. through these bridges on a daily cannot be submitted using https:// FOR FURTHER INFORMATION CONTACT: If average. www.regulations.gov, contact the person you have questions about this notice of I. Background, Purpose and Legal Basis in the FOR FURTHER INFORMATION enforcement, call or email MST2 Natalie The Main Street Bridge, mile 55.97, CONTACT section of this document for Smith, Waterways Management provides a horizontal clearance of 89 alternate instructions. Division, U.S. Coast Guard Marine feet and a vertical clearance 11 feet in We accept anonymous comments. All Safety Unit Cleveland; telephone 216– the closed position, the Jackson Street comments received will be posted 937–6004, email D09-SMB- Bridge, mile 56.22, provides a without change to https:// [email protected]. horizontal clearance of 97 feet and a www.regulations.gov and will include SUPPLEMENTARY INFORMATION: The Coast vertical clearance 11 feet in the closed any personal information you have Guard will enforce the Safety Zones; position, the Wisconsin Street Bridge, provided. For more about privacy and Annual Events in the Captain of the Port mile 56.72, provides a horizontal submissions in response to this Buffalo Zone listed in 33 CFR 165.939, clearance of 75 feet and a vertical document, see DHS’s eRulemaking Table 165.939(b)(10) for the Sheffield clearance 12 feet in the closed position, System of Records notice (85 FR 14226, Lake Community Days in Sheffield Lake, OH, on all U.S. waters of Lake Erie and the Congress Avenue Bridge, mile March 11, 2020). 58.01, provides a horizontal clearance of and Sheffield Lake Boat ramp within a 75 feet and a vertical clearance 13 feet Documents mentioned in this NPRM 350 foot radius of land position in the closed position. All of these as being available in this docket and all 41°29′27.65″ N, 082°6′47.71″ W. bridges are over the Fox River and public comments, will be in our online Pursuant to 33 CFR 165.23, entry into, provide an unlimited clearance in the docket at https://www.regulations.gov transiting, or anchoring within the open position, and are governed by the and can be viewed by following that safety zone during an enforcement regulations found in 33 CFR 117.1087. website’s instructions. Additionally, if period is prohibited unless authorized The Wisconsin Department of you go to the online docket and sign up by the Captain of the Port Buffalo or a Transportation has requested to test the for email alerts, you will be notified designated representative. Those capabilities of the remote operating when comments are posted or a final seeking permission to enter the safety system with live operators in the bridges rule is published. zone may request permission from the and allow the public to comment on the Captain of Port Buffalo via channel 16, bridge operations before any changes are M.J. Johnston, VHF–FM. Vessels and persons granted made. Rear Admiral, U.S. Coast Guard, Commander, permission to enter the safety zone shall This deviation will not change the Ninth Coast Guard District. obey the directions of the Captain of the operation of the bridges. The Wisconsin [FR Doc. 2021–14184 Filed 7–2–21; 8:45 am] Port Buffalo or a designated Department of Transportation will BILLING CODE 9110–04–P representative. While within a safety provide weekly bridge opening data and zone, all vessels shall operate at the approximate vehicle and pedestrian minimum speed necessary to maintain a crossings at the end of the test safe course. deviation. Each bridge will have the This notice of enforcement is issued ability to communicate by visual or under authority of 33 CFR 165.939 and audio means including enough cameras 5 U.S.C. 552 (a). In addition to this
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notice of enforcement in the Federal Certain other material, such as year. UPA also commends the Utah Register, the Coast Guard will provide copyrighted material, is not placed on Division of Air Quality for its decision the maritime community with advance the internet and will be publicly to include a separate oil and gas source notification of this enforcement period available only in hard copy form. category in the base year, which UPA via Broadcast Notice to Mariners or Publicly available docket materials are says improves transparency of critical Local Notice to Mariners. If the Captain available through http:// information needed to understand of the Port Buffalo determines that the www.regulations.gov, or please contact ozone formation in the Uinta Basin. safety zone need not be enforced for the the person identified in the FOR FURTHER UPA also raises two areas of concern: full duration stated in this notice she INFORMATION CONTACT section for (1) The lack of an opportunity to may use a Broadcast Notice to Mariners additional availability information. comment on the base year inventory for to grant general permission to enter the FOR FURTHER INFORMATION CONTACT: tribal lands within the Uinta Basin respective safety zone. Matthew Lang, Air and Radiation NAA; and (2) the need to be able to adjust the base year inventory based on Dated: June 28, 2021. Division, EPA, Region 8, Mailcode evolving research and calculation Lexia M. Littlejohn, 8ARD–IO, 1595 Wynkoop Street, Denver, Colorado, 80202–1129, methods. UPA explains that Utah’s base Captain, U.S. Coast Guard, Captain of the year inventory includes only State- Port Buffalo. telephone number: (303) 312–6709, email address: [email protected]. controlled lands, but tribal lands in the [FR Doc. 2021–14295 Filed 7–2–21; 8:45 am] SUPPLEMENTARY INFORMATION: Uinta Basin include significant BILLING CODE 9110–04–P Throughout this document ‘‘we,’’ ‘‘us,’’ emissions sources, and UPA is not and ‘‘our’’ means the EPA. aware of any opportunity to comment on a base year inventory for the tribal ENVIRONMENTAL PROTECTION I. Background lands. Further, UPA states that studies AGENCY The background for this action is relevant to the emissions inventory are discussed in detail in our April 1, 2021 ongoing and recommends that EPA 40 CFR Part 52 proposal.1 We proposed to approve the allow updates to the base year inventory [EPA–R08–OAR–2020–0646; FRL–10025– 2017 base year inventories for the 2015 to account for this evolving research. In 28–Region 8] 8-hour ozone NAAQS for the Uinta particular, UPA states that such an Basin, Northern Wasatch Front, and update is important for determining the Approval and Promulgation of Southern Wasatch Front Marginal NAAs adequacy of future Reasonable Further Implementation Plans; Utah; 2017 Base because the State prepared the Progress (RFP) emission reductions as Year Inventories for the 2015 8-Hour inventories in accordance with the well as for photochemical modeling. Ozone National Ambient Air Quality requirements in sections 172(c)(3) and Response: We thank UPA for the Standard for the Uinta Basin, Northern 182(a)(1) 2 of the CAA and its supportive comment letter and we agree Wasatch Front and Southern Wasatch implementing regulations, including with UPA that Utah’s SIP revision Front Nonattainment Areas those at 40 CFR 51.1315. EPA is included the appropriate base year and finalizing its proposed approval of AGENCY: Environmental Protection was otherwise based on the most Agency (EPA). Utah’s 2017 base year inventories for the current and accurate information 2015 8-hour ozone NAAQS for the Uinta available to the State at the time the ACTION: Final rule. Basin, Northern Wasatch Front, and inventories were developed. With SUMMARY: The Environmental Protection Southern Wasatch Front Marginal respect to UPA’s concern regarding a Agency (EPA) is approving a state NAAs. With this final rulemaking Utah lack of opportunity to comment on an implementation plan (SIP) revision will have met one of three requirements inventory for sources on tribal land, we submitted by the State of Utah. The stemming from the Marginal note that an inventory of emissions from revision fulfills the base year inventory nonattainment designation of the Uinta Indian country sources is outside of the requirement for the 2015 8-hour ozone Basin, Northern Wasatch Front, and scope of this rulemaking. As explained national ambient air quality standard Southern Wasatch Front areas. in EPA’s proposed rule, and repeated (NAAQS) for the Uinta Basin, Northern II. Response to Comments above, EPA is approving Utah’s SIP Wasatch Front, and Southern Wasatch submission because the base year EPA held a 30-day comment period Front nonattainment areas (NAAs). Utah inventories therein accord with the on the proposed rulemaking beginning submitted the base year emissions requirements in sections 172(c)(3) and on April 1, 2021 and closing on May 3, inventories to meet, in part, the 182(a)(1) of the CAA and its 2021. We received one supportive nonattainment requirements for implementing regulations, including comment letter from the Utah Petroleum Marginal ozone NAAs under the 2015 8- those at 40 CFR 51.1315. Association (UPA), which focused on hour ozone NAAQS. EPA is taking this Similarly, we thank UPA for the Uinta Basin NAA. Our response to action pursuant to sections 110, 172, informing us of ongoing studies related UPA’s comment letter is below. and 182 of the Clean Air Act (CAA). to emissions in the Uinta Basin NAA. Comment summary: UPA states that it The inventories submitted by the State DATES: This rule is effective on August supports EPA’s approval of the base 5, 2021. of Utah were based on the most current year inventory, specifically supports the and accurate information available to ADDRESSES: The EPA has established a choice of 2017 as the base year, and the State at the time that the inventories docket for this action under Docket ID supports use of an emissions inventory were developed. If, at any point in the No. EPA–R08–OAR–2020–0646. All from a National Emissions Inventory future, Utah believes that a revision to documents in the docket are listed on the base year inventory is necessary, the http://www.regulations.gov website. 1 Approval and Promulgation of Implementation EPA is open to discussing that issue Although listed in the index, some Plans; Utah; 2017 Base Year Inventories for the with the State.3 At this time, however, information is not publicly available, 2015 8-hour Ozone National Ambient Air Quality Standard for the Uinta Basin, Northern Wasatch e.g., confidential business information Front and Southern Wasatch Front Nonattainment 3 EPA generally acknowledges that in certain (CBI) or other information whose Areas, 86 FR 17106 (April 1, 2021). circumstances, updating an already-approved base disclosure is restricted by statute. 2 42 U.S.C. 7502(c)(3), 7511a(a)(1). year inventory may be appropriate. Emissions
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EPA cannot determine whether any of the Paperwork Reduction Act (44 States prior to publication of the rule in future updates to the current base year U.S.C. 3501 et seq.); the Federal Register. A major rule inventory would be necessary or • Is certified as not having a cannot take effect until 60 days after it appropriate, and such a determination is significant economic impact on a is published in the Federal Register. outside the scope of this rulemaking. substantial number of small entities This action is not a ‘‘major rule’’ as We also note that, regardless of any under the Regulatory Flexibility Act (5 defined by 5 U.S.C. 804(2). possible update to the base year U.S.C. 601 et seq.); Under section 307(b)(1) of the CAA, inventory, Utah is required to submit • Does not contain any unfunded petitions for judicial review of this revised inventories every three years mandate or significantly or uniquely action must be filed in the United States under section 182(a)(3)(A) of the CAA affect small governments, described in Court of Appeals for the appropriate until the area is redesignated to the Unfunded Mandates Reform Act of circuit by September 7, 2021. Filing a attainment.4 1995 (Pub. L. 104–4); petition for reconsideration by the • Does not have federalism III. Final Action Administrator of this final rule does not implications as specified in Executive affect the finality of this action for the EPA is finalizing approval of Utah’s Order 13132 (64 FR 43255, August 10, purposes of judicial review nor does it 2017 base year inventories for the 2015 1999); extend the time within which a petition • 8-hour ozone NAAQS for the Uinta Is not an economically significant for judicial review may be filed, and Basin, Northern Wasatch Front, and regulatory action based on health or shall not postpone the effectiveness of Southern Wasatch Front Marginal NAAs safety risks subject to Executive Order such rule or action. This action may not because the State prepared the 13045 (62 FR 19885, April 23, 1997); be challenged later in proceedings to inventories in accordance with the • Is not a significant regulatory action enforce its requirements (see section requirements in sections 172(c)(3) and subject to Executive Order 13211 (66 FR 307(b)(2)). 182(a)(1) of the CAA and its 28355, May 22, 2001); implementing regulations, including • Is not subject to requirements of List of Subjects in 40 CFR Part 52 those at 40 CFR 51.1315. section 12(d) of the National Environmental protection, Air IV. Statutory and Executive Order Technology Transfer and Advancement pollution control, Carbon monoxide, Reviews Act of 1995 (15 U.S.C. 272 note) because Greenhouse gases, Incorporation by application of those requirements would reference, Intergovernmental relations, Under the Clean Air Act, the be inconsistent with the CAA; and Administrator is required to approve a • Lead, Nitrogen dioxide, Ozone, Does not provide EPA with the Particulate matter, Reporting and SIP submission that complies with the discretionary authority to address, as provisions of the Act and applicable recordkeeping requirements, Sulfur appropriate, disproportionate human oxides, Volatile organic compounds. Federal regulations. 42 U.S.C. 7410(k); health or environmental effects, using 40 CFR 52.02(a). Thus, in reviewing SIP practicable and legally permissible Dated: June 25, 2021. submissions, the EPA’s role is to methods, under Executive Order 12898 Debra H. Thomas, approve state choices, provided that (59 FR 7629, February 16, 1994). Acting Regional Administrator, Region 8. they meet the criteria of the Clean Air In addition, the SIP is not approved Act. Accordingly, this action merely For the reasons set forth above, 40 to apply on any Indian reservation land approves state law as meeting Federal CFR part 52 is amended as follows: or in any other area where EPA or an requirements and does not impose Indian tribe has demonstrated that a additional requirements beyond those PART 52—APPROVAL AND tribe has jurisdiction. In those areas of imposed by state law. For that reason, PROMULGATION OF Indian country, the rule does not have this action: IMPLEMENTATION PLANS • Is not a ‘‘significant regulatory tribal implications and will not impose action’’ subject to review by the Office substantial direct costs on tribal ■ 1. The authority citation for part 52 of Management and Budget under governments or preempt tribal law as continues to read as follows: Executive Orders 12866 (58 FR 51735, specified by Executive Order 13175 (65 Authority: 42 U.S.C. 7401 et seq. October 4, 1993) and 13563 (76 FR 3821, FR 67249, November 9, 2000). January 21, 2011); The Congressional Review Act, 5 Subpart TT—Utah • Does not impose an information U.S.C. 801 et seq., as added by the Small collection burden under the provisions Business Regulatory Enforcement ■ 2. In § 52.2320, the table in paragraph Fairness Act of 1996, generally provides (e) is amended by adding an Inventory Guidance for Implementation of Ozone that before a rule may take effect, the undesignated center heading and the and Particulate Matter National Ambient Air agency promulgating the rule must entry ‘‘Ozone (8-hour, 2015) Uinta Quality Standards (NAAQS) and Regional Haze submit a rule report, which includes a Basin, Northern Wasatch Front and Regulations, May 2017, 42 (‘‘In the event that updated [Rate of Progress/Reasonable Further copy of the rule, to each House of the Southern Wasatch Front 2017 Base Year Progress] plan(s) are needed after initial submittal Congress and to the Comptroller General Inventories’’ at the end of the table to to meet the requirements of the Ozone of the United States. EPA will submit a read as follows: Implementation Rule, the [Rate of Progress/ report containing this action and other Reasonable Further Progress] baseline NAA § 52.2320 Identification of plan. inventory may also need to be updated.’’). required information to the U.S. Senate, 4 42 U.S.C. 7511a(a)(3)(A). the U.S. House of Representatives, and * * * * * the Comptroller General of the United (e) * * *
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State Rule title effective Final rule citation, date Comments date
*******
Summary of Criteria Pollutant Attainment Plans
Ozone (8-hour, 2015) Uinta Basin, Northern Wasatch 7/29/2020 7/6/2021, [insert Federal Register citation]. Front and Southern Wasatch Front 2017 Base Year Inventories.
[FR Doc. 2021–14195 Filed 7–2–21; 8:45 am] following North Dakota’s May 8, 2019 document also proposed approval of the BILLING CODE 6560–50–P submittal of a negative declaration of North Dakota withdrawal of a existing HMIWI units in the State of previously approved CAA section North Dakota, and will be promulgating 111(d)/129 state plan for existing ENVIRONMENTAL PROTECTION the State’s negative declaration in lieu HMIWI units and publication of the AGENCY of a CAA section 111(d)/129 state plan State’s negative declaration of existing for HMIWI units. The EPA is taking HMIWI units in lieu of a state plan. The 40 CFR Part 62 these actions pursuant to requirements EPA’s analysis of the two North Dakota [EPA–R08–OAR–2021–0187; FRL–10024– of the CAA. state plans and the negative declaration 23–Region 8] DATES: This rule is effective on August of designated sources may be found in 5, 2021. The incorporation by reference the aforementioned proposed rule and Approval and Promulgation of State of certain publications listed in the rule the technical support document (TSD) Plans for Designated Facilities and is approved by the Director of the associated with the docket for today’s Pollutants; North Dakota; Control of Federal Register as of August 5, 2021. action. Comments on the EPA’s Emissions From Existing Municipal ADDRESSES: The EPA has established a proposed approvals of the state plans for Solid Waste Landfills; Control of docket for this action under Docket ID existing CISWI units and MSW landfills Emissions From Existing Commercial No. EPA–R08–OAR–2021–0187. All and approval of the negative declaration and Industrial Solid Waste Incineration documents in the docket are listed on in lieu of a state plan for existing Units; Negative Declaration of Existing the http://www.regulations.gov website. HMIWI units were due on or before Hospital/Medical/Infectious Waste Although listed in the index, some April 26, 2021. We received no Incineration Units information is not publicly available, comments on our proposed actions. e.g., CBI or other information whose Therefore, the EPA will proceed with AGENCY: Environmental Protection these plan approvals without changes. Agency (EPA). disclosure is restricted by statute. ACTION: Final rule. Certain other material, such as II. Final Action copyrighted material, is not placed on The EPA is finalizing approval of the SUMMARY: The Environmental Protection the internet and will be publicly North Dakota section 111(d) state plan Agency (EPA) is approving a Clean Air available only in hard copy form. for existing MSW landfills pursuant to Act (CAA or the ‘‘Act’’) section 111(d) Publicly available docket materials are 40 CFR part 60, subparts B and Cf. We state plan submitted by the North available through http:// are also finalizing approval of the North Dakota Department of Environmental www.regulations.gov, or please contact Dakota section 111(d)/129 state plan for Quality (NDDEQ or the ‘‘Department’’) the person identified in the FOR FURTHER existing CISWI units pursuant to 40 CFR on July 28, 2020 for the control of air INFORMATION CONTACT section for part 60, subparts B and DDDD. Finally, pollutants from existing municipal solid additional availability information. we are finalizing approval of the State’s waste (MSW) landfills. The EPA is also FOR FURTHER INFORMATION CONTACT: negative declaration of existing HMIWI approving a CAA section 111(d)/129 Gregory Lohrke, Air and Radiation units in lieu of a state plan for such state plan submitted by the Department Division, EPA, Region 8, Mailcode units as designated by 40 CFR part 60, on the same date for the control of air 8ARD–TRM, 1595 Wynkoop Street, subpart Ce. Therefore, the EPA is pollutants from existing commercial and Denver, Colorado 80202–1129, amending 40 CFR part 62, subpart JJ to industrial solid waste incineration telephone number: (303) 312–6396, reflect this approval action. This (CISWI) units and air curtain incinerator email address: [email protected]. approval is based on the rationale (ACI) units. The North Dakota state SUPPLEMENTARY INFORMATION: provided in section II of the proposed plans establish performance standards Throughout this document ‘‘we,’’ ‘‘us,’’ rule for this action (86 FR 16173) and and operating requirements for existing and ‘‘our’’ means the EPA. discussed in detail in the TSD MSW landfills, CISWI units and ACI 1 I. Background associated with this rulemaking action. units within the State of North Dakota The scope of this approval is limited to and provide for the implementation and The background for this action is the provisions of 40 CFR parts 60 and enforcement of those standards and discussed in detail in our March 26, 62. The EPA’s proposed approval of the requirements by the Department. 2021 proposed rule (86 FR 16173). In two North Dakota plans is limited to Finally, the EPA is also approving that document we proposed to approve those MSW landfills that meet the withdrawal of the North Dakota CAA the North Dakota CAA section 111(d) criteria established in 40 CFR part 60, section 111(d)/129 state plan for the state plan for existing MSW landfills subparts Cf and those CISWI units and control of air pollutants from existing and the North Dakota CAA section ACI units that meet the criteria hospital/medical/infectious waste 111(d)/129 state plan for existing CISWI incineration (HMIWI) units. The EPA is units as the plans were submitted by the 1 EPA Document ID No. EPA–R08–OAR–2021– approving this plan withdrawal NDDEQ on July 28, 2020. That 0187–0002, available at www.regulations.gov.
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established in 40 CFR part 60, subpart the CAA as of the effective date of this practicable and legally permissible DDDD. final rulemaking. methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The EPA Administrator continues to IV. Statutory and Executive Order retain authority for approval of Reviews In addition, the CAA section 111(d) alternative methods to determine the Plans are not approved to apply in nonmethane organic compound Under the Clean Air Act, the Indian country, as defined at 18 U.S.C. concentration or a site-specific methane Administrator is required to approve 1151, located in the state. As such, this generation rate constant (k), as section 111(d) state plan submissions rule does not have tribal implications, stipulated in 40 CFR 60.30f(c). The EPA that comply with the provisions of the as specified by Executive Order 13175 Administrator also retains those Act and applicable Federal regulations. (65 FR 67249, November 9, 2000), and authorities related to designated CISWI 42 U.S.C. 7411(d); 40 CFR part 60, it will not impose substantial direct and ACI units that will not be delegated subparts B, Cf and DDDD; and 40 CFR costs on tribal governments or preempt to state, local or tribal authorities as part 62, subpart A. Thus, in reviewing tribal law. listed in 40 CFR 60.2542. CAA section 111(d) state plan submissions, the EPA’s role is to The Congressional Review Act, 5 III. Incorporation by Reference approve state choices, provided that U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement In accordance with the requirements they meet the criteria of the Act and implementing regulations. Accordingly, Fairness Act of 1996, generally provides of 1 CFR 51.5, we are finalizing that before a rule may take effect, the regulatory text that includes the this action merely approves state law as meeting Federal requirements and does agency promulgating the rule must incorporation by reference of subparts submit a rule report, which includes a Cf and DDDD of chapter 33.1–15–12, not impose additional requirements beyond those imposed by state law. For copy of the rule, to each House of the section 2 of the North Dakota Congress and to the Comptroller General Administrative Code (NDAC) as that reason, this action: • Is not a ‘‘significant regulatory of the United States. EPA will submit a effective on July 1, 2020. Subparts Cf report containing this action and other and DDDD are part of the North Dakota action’’ subject to review by the Office of Management and Budget under required information to the U.S. Senate, CAA section 111(d) state plan the U.S. House of Representatives, and applicable to existing MSW landfills Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, the Comptroller General of the United and the section 111(d)/129 state plan for States prior to publication of the rule in existing CISWI units, respectively. The January 21, 2011); • Is not an Executive Order 13771 (82 the Federal Register. A major rule regulatory provisions of these sections FR 9339, February 2, 2017) regulatory cannot take effect until 60 days after it of the NDAC incorporate the required action because this action is not is published in the Federal Register. 111(d) and 111(d)/129 state plan significant under Executive Order This action is not a ‘‘major rule’’ as elements required by the emission 12866; defined by 5 U.S.C. 804(2). guidelines (EG) for existing MSW • Does not impose an information landfills and CISWI units promulgated Under section 307(b)(1) of the Clean collection burden under the provisions Air Act, petitions for judicial review of at 40 CFR part 60, subparts Cf and of the Paperwork Reduction Act (44 DDDD. The incorporations establish this action must be filed in the United U.S.C. 3501 et seq.); States Court of Appeals for the emission standards and compliance • Is certified as not having a appropriate circuit by September 7, times for the control of air pollutants significant economic impact on a from certain MSW landfills that 2021. Filing a petition for substantial number of small entities reconsideration by the Administrator of commenced construction, modification, under the Regulatory Flexibility Act (5 or reconstruction on or before July 17, this final rule does not affect the finality U.S.C. 601 et seq.); of this action for the purposes of judicial 2014 and designated CISWI and ACI • Does not contain any unfunded units that commenced construction on review nor does it extend the time mandate or significantly or uniquely within which a petition for judicial or before June 4, 2010 or commenced affect small governments, described in modification or reconstruction no later review may be filed, and shall not the Unfunded Mandates Reform Act of postpone the effectiveness of such rule than August 7, 2013. The emissions 1995 (Pub. L. 104–4); standards and compliance times • or action. This action may not be Does not have Federalism challenged later in proceedings to established within these NDAC sections implications as specified in Executive and the North Dakota state plans are at enforce its requirements. (See section Order 13132 (64 FR 43255, August 10, 307(b)(2).) least as stringent as those required by 1999); the EG for existing MSW landfills and • Is not an economically significant List of Subjects in 40 CFR Part 62 CISWI units. The EPA has made, and regulatory action based on health or will continue to make, NDAC section safety risks subject to Executive Order Environmental protection, 33.1–15–12–02 (as well as the North 13045 (62 FR 19885, April 23, 1997); Administrative practice and procedure, Dakota state plan documents for existing • Is not a significant regulatory action Air pollution control, Commercial and MSW landfills and CISWI units) subject to Executive Order 13211 (66 FR industrial solid waste incineration, generally available electronically 28355, May 22, 2001); Hospital medical and infectious waste through www.regulations.gov, Docket • Is not subject to requirements of incineration, Incorporation by reference, No. EPA–R08–OAR–2021–0187 and in section 12(d) of the National Intergovernmental relations, Methane, hard copy at the EPA Region 8 office Technology Transfer and Advancement Municipal solid waste landfill, (please contact the person identified in Act of 1995 (15 U.S.C. 272 note) because Reporting and recordkeeping the FOR FURTHER INFORMATION CONTACT application of those requirements would requirements. section of this preamble for more be inconsistent with the CAA; and Dated: June 28, 2021. • information). This incorporation by Does not provide EPA with the Debra H. Thomas, reference has been approved by the discretionary authority to address, as Acting Regional Administrator, Region 8. Office of the Federal Register and the appropriate, disproportionate human Plans are federally enforceable under health or environmental effects, using 40 CFR part 62 is amended as follows:
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PART 62—APPROVAL AND subpart Ce operating within the State’s 1 CFR part 51. The material may be PROMULGATION OF STATE PLANS jurisdiction. inspected or obtained from the EPA FOR DESIGNATED FACILITIES AND Region 8 office, 1595 Wynkoop Street, §§ 62.8611 and 62.8612 [Removed] POLLUTANTS Denver, CO 80202–1129, 303–312–6312 ■ 4. Remove §§ 62.8611 and 62.8612. or from the other sources listed in this ■ 1. The authority citation for part 62 ■ 5. Revise §§ 62.8630, 62.8631, and section. It may also be inspected at the continues to read as follows: 62.8632 to read as follows: National Archives and Records Authority: 42 U.S.C. 7401 et seq. § 62.8630 Identification of plan. Administration (NARA). For information on the availability of this Amended section 111(d)/129 State Subpart JJ—North Dakota material at NARA, email fedreg.legal@ Plan for Commercial and Industrial ■ 2. Revise §§ 62.8600, 62.8601, and Solid Waste Incineration Units and the nara.gov or go to: www.archives.gov/ 62.8602 to read as follows: associated State regulations contained federal-register/cfr/ibr-locations.html. in the North Dakota Administrative (b) State of North Dakota, Legislative § 62.8600 Identification of plan. Code (NDAC) at 33.1–15–12–02, subpart Council, 600 E Boulevard Ave., Section 111(d) State Plan for DDDD (incorporated by reference, see Bismarck, ND 58505–0360, (701) 328– Municipal Solid Waste Landfills and the § 62.8700), submitted by the State on 2916, https://legis.nd.gov/agency-rules/ associated State regulations contained July 28, 2020. north-dakota-administrative-code; in the North Dakota Administrative North Dakota Administrative Code Code (NDAC) at 33.1–15–12–02, subpart § 62.8631 Identification of sources. (NDAC). Cf (incorporated by reference, see The plan applies to all existing § 62.8700), submitted by the State on commercial and industrial solid waste (1) NDAC 33.1–15–12–02, subpart Cf., July 28, 2020. incineration units and air curtain Title 33.1 North Dakota Department of incinerators under the jurisdiction of Environmental Quality, Article 33.1–15 § 62.8601 Identification of sources. the North Dakota Department of Air Pollution Control, Chapter 33.1–15– The plan applies to all existing Environmental Quality for which 12—Standards of Performance for New municipal solid waste landfills under construction commenced on or before Stationary Sources, Section 33.1–15– the jurisdiction of the North Dakota June 4, 2010, or for which modification 12–02 Standards of performance, Department of Environmental Quality or reconstruction commenced no later Subpart Cf—Emission guidelines and for which construction, reconstruction, than August 7, 2013, and are subject to compliance times for municipal solid or modification was commenced on or the requirements of 40 CFR part 60, waste landfills, effective July 1, 2020; before July 17, 2014, and are subject to subpart DDDD. IBR approved for § 62.8600. the requirements of 40 CFR part 60, subpart Cf. § 62.8632 Effective date. (2) NDAC 33.1–15–12–02, subpart The effective date of the plan for DDDD. Title 33.1 North Dakota § 62.8602 Effective date. existing commercial and industrial solid Department of Environmental Quality, The effective date of the plan for waste incineration units is August 5, Article 33.1–15 Air Pollution Control, existing municipal solid waste landfills 2021. Chapter 33.1–15–12—Standards of is August 5, 2021. ■ 6. Add an undesignated center Performance for New Stationary ■ 3. Revise § 62.8610 to read as follows: heading and § 62.8700 to read as Sources, Section 33.1–15–12–02 Standards of performance, Subpart § 62.8610 Identification of plan—negative follows: declaration. DDDD—Emission guidelines and Incorporation by Reference compliance times commercial and The State of North Dakota submitted a letter on May 8, 2019 certifying that § 62.8700 Incorporation by reference. industrial solid waste incineration there are no designated facilities subject (a) The material incorporated by units, effective July 1, 2020; IBR to the emission guidelines for existing reference in this subpart was approved approved for § 62.8630. hospital medical infectious waste by the Director of the Federal Register [FR Doc. 2021–14198 Filed 7–2–21; 8:45 am] incinerators under 40 CFR part 60, in accordance with 5 U.S.C. 552(a) and BILLING CODE 6560–50–P
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Proposed Rules Federal Register Vol. 86, No. 126
Tuesday, July 6, 2021
This section of the FEDERAL REGISTER (863) 324–3375; or from the Marketing USDA has determined continuance contains notices to the public of the proposed Order and Agreement Division, referenda are an effective means for issuance of rules and regulations. The Specialty Crops Program, AMS, USDA, determining whether growers favor the purpose of these notices is to give interested 1400 Independence Avenue SW, Stop continuation of marketing order persons an opportunity to participate in the 0237, Washington, DC 20250–0237; rule making prior to the adoption of the final programs. The Order will continue in rules. Telephone: (202) 720–2491; or on the effect if two-thirds of the growers that internet: https://www.ecfr.gov/cgi-bin/ cast votes, or growers representing two- text-idx?SID=cf046522bce89ba62d7 thirds of the volume of pecans voted in DEPARTMENT OF AGRICULTURE 5961df4db8b6d&mc=true&node=pt7.8. the referendum, cast ballots in favor of 986&rgn=div5. continuance. In evaluating the merits of Agricultural Marketing Service FOR FURTHER INFORMATION CONTACT: continuance versus termination, USDA Abigail Campos, Marketing Specialist, will determine whether continued 7 CFR Part 986 or Christian D. Nissen, Regional operation of the Order would tend to [Doc. No. AMS–SC–20–0081; SC20–986–2 Director, Southeast Marketing Field effectuate the declared policy of the Act. CR] Office, Marketing Order and Agreement Division, Specialty Crops Program, In accordance with the Paperwork Pecans Grown in the States of AMS, USDA, 1124 First Street South, Reduction Act of 1995 (44 U.S.C. Alabama, Arkansas, Arizona, Winter Haven, FL 33880; Telephone: Chapter 35), the ballots used in the California, Florida, Georgia, Kansas, (863) 324–3375, Fax: (863) 291–8614, or referendum have been approved by the Louisiana, Missouri, Mississippi, North Email: [email protected] or Office of Management and Budget Carolina, New Mexico, Oklahoma, [email protected]. (OMB) and have been assigned OMB South Carolina, and Texas; SUPPLEMENTARY INFORMATION: Pursuant No. 0581–0291, Federal Marketing Continuance Referendum; Reopening to Marketing Agreement and Order No. Order for Pecans. It has been estimated of Voting Period 986, as amended (7 CFR part 986), it will take an average of 20 minutes for hereinafter referred to as the ‘‘Order,’’ each of the approximately 4,270 growers AGENCY: Agricultural Marketing Service, and the applicable provisions of the of pecans to cast a ballot. Participation USDA. Agricultural Marketing Agreement Act is voluntary. Ballots postmarked after ACTION: Referendum order; amendment of 1937, as amended (7 U.S.C. 601–674), July 23, 2021, will not be included in to referendum order. hereinafter referred to as the ‘‘Act,’’ it is the vote tabulation. hereby directed that a referendum be SUMMARY: This document reopens the Abigail Campos, Dolores Lowenstine, conducted to ascertain whether voting period for the referendum being continuance of the Order is favored by and Christian D. Nissen of the Southeast conducted among eligible growers of growers. Marketing Field Office, Specialty Crops pecans grown in the states of Alabama, A referendum order was published in Program, AMS, USDA, are hereby Arkansas, Arizona, California, Florida, the Federal Register on April 13, 2021 designated as the referendum agents for Georgia, Kansas, Louisiana, Missouri, (86 FR 19152). The referendum order the Secretary of Agriculture to conduct Mississippi, North Carolina, New specified that the voting period would this referendum. The procedure Mexico, Oklahoma, South Carolina, and be from June 7, 2021, through June 28, applicable to the referendum shall be Texas to determine whether they favor 2021. USDA has received requests from the ‘‘Procedure for the Conduct of continuance of the marketing order industry members to extend the voting Referenda in Connection with regulating the handling of pecans period as not all eligible growers had Marketing Orders for Fruits, Vegetables, produced in the production area. The received ballots and needed additional and Nuts Pursuant to the Agricultural voting period has been reopened for an time to request one prior to the end of Marketing Agreement Act of 1937, as additional 25 days from June 29, 2021, the voting period. Therefore, to facilitate to July 23, 2021. Amended’’ (7 CFR 900.400 et seq.). full grower participation in the Ballots may be obtained from the DATES: The voting period for the referendum, USDA is reopening the referendum agents or their appointees at referendum will be reopened from June voting period from June 29 through July the previously mentioned contact 29 through July 23, 2021. Only current 23, 2021. During this time, USDA will pecan growers within the production continue to mail ballots to eligible information. area that produced a minimum average voters who request a ballot. All ballots List of Subjects in 7 CFR Part 986 of 50,000 pounds of inshell pecans over received during the previous voting the four years from October 1, 2016, to period and the reopened voting period Marketing agreements, Pecans, September 30, 2020, or own a minimum will be accepted. Voters who have Reporting and recordkeeping of 30 pecan acres are eligible to vote in already submitted a ballot need to take requirements. this referendum. no further action. Authority: 7 U.S.C. 601–674. ADDRESSES: Copies of the marketing To be eligible to participate in the order may be obtained from the continuance referendum, a grower must Erin Morris, Southeast Marketing Field Office, have produced a minimum average of Associate Administrator, Agricultural Marketing Order and Agreement 50,000 pounds of inshell pecans during Marketing Service. Division, Specialty Crops Program, the four-year period from October 1, [FR Doc. 2021–14280 Filed 7–2–21; 8:45 am] AMS, USDA, 1124 First Street South, 2016, to September 30, 2020 or must BILLING CODE P Winter Haven, FL 33880; Telephone: own a minimum of 30 pecan acres.
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DEPARTMENT OF HOMELAND during the 30-day public comment classifications but not in a way that SECURITY period. More than 99 percent of conflicts with Executive Order 14012. commenters opposed the proposed rule Accordingly, we are withdrawing the U.S. Immigration and Customs with many commenters specifically NPRM and will analyze the entirety of Enforcement requesting that DHS withdraw the the NPRM in the context of the directive NPRM.1 Less than 1 percent expressed in E.O. 14012 to determine what 8 CFR Parts 214, 248 and 274a.12 support for the proposed rule with such changes may be appropriate and [DHS Docket No. ICEB–2019–0006] commenters generally supporting the consistent with DHS’s needs, policies, proposed rule because they believed it and applicable law. As such, DHS may RIN 1653–AA78 would deter illegal immigration, protect engage in a future rulemaking to protect U.S. workers, and stop espionage. The the integrity of programs that admit Establishing a Fixed Time Period of commenters who opposed the NPRM nonimmigrants in the F, J, and I Admission and an Extension of Stay argued that it discriminates against Procedure for Nonimmigrant Academic classifications in a manner consistent certain groups of people based on their Students, Exchange Visitors, and with Executive Order 14012. nationality. They also argued that it Representatives of Foreign Information Authority: As stated in the NPRM, DHS would significantly burden the foreign Media has general and specific statutory authority to students, exchange scholars, foreign regulate the admission of nonimmigrants. 8 AGENCY: U.S. Immigration and Customs media representatives, and U.S. U.S.C. 1103, 1184(a); 85 FR 60526. DHS is Enforcement, DHS. employers by requiring extension of withdrawing the NPRM using those same ACTION: Notice of proposed rulemaking; stays in order to continue with their authorities. withdrawal. programs of study or work. Commenters Alejandro N. Mayorkas, additionally noted the proposed rule Secretary, U.S. Department of Homeland SUMMARY: The U.S. Department of would impose exorbitant costs and Security. Homeland Security (DHS) is burdens on foreign students, scholars, [FR Doc. 2021–13929 Filed 7–2–21; 8:45 am] withdrawing a notice of proposed and media representatives due to the BILLING CODE 9111–28–P rulemaking (NPRM) that published on direct cost of the extension of stay September 25, 2020. The NPRM application fee, as well as the lost proposed to revise DHS regulations opportunity cost of not being able to DEPARTMENT OF TRANSPORTATION governing the length of stay for F, J, and begin their work on time if the certain I nonimmigrants. extension were not adjudicated by the Federal Aviation Administration DATES: DHS withdraws the NPRM at 85 government in a timely fashion. FR 60526 as of July 6, 2021. Commenters argued U.S. employers 14 CFR Part 39 ADDRESSES: The docket for this would be similarly burdened by the withdrawn proposed rule is available at proposed changes because many [Docket No. FAA–2021–0539; Project http://www.regulations.gov. Please noncitizens may not be able to apply for Identifier 2018–SW–048–AD] search for docket number ICEB–2019– an extension of stay or have it approved RIN 2120–AA64 0006. in a timely fashion, thereby delaying the FOR FURTHER INFORMATION CONTACT: possible start dates of employees and/or Airworthiness Directives; Bell Textron Sharon Hageman, Regulations Unit cause them to lose potential job Canada Limited Helicopters Chief, Office of Policy and Planning, candidates. Finally, commenters AGENCY: Federal Aviation U.S. Immigration and Customs suggested that the breadth of the Administration (FAA), DOT. changes in the proposed rule are more Enforcement, Department of Homeland ACTION: Notice of proposed rulemaking than what is necessary to protect the Security, 500 12th Street SW, (NPRM). Washington, DC 20536. Telephone 202– integrity of nonimmigrant programs. 732–6960 (not a toll-free number). On February 2, 2021, President Biden SUMMARY: The FAA proposes to adopt a issued Executive Order 14012, SUPPLEMENTARY INFORMATION: On new airworthiness directive (AD) for September 25, 2020, DHS published an ‘‘Restoring Faith in Our Legal Bell Textron Canada Limited (Bell) NPRM titled, ‘‘Establishing a Fixed Immigration Systems and Strengthening Model 206, 206A, 206A–1 (OH–58A), Time Period of Admission and an Integration and Inclusion Efforts for 206B, 206B–1, 206L, 206L–1, 206L–3, Extension of Stay Procedure for New Americans.’’ Section 3(a)(i), 206L–4, 222, 222B, 222U, 230, 407, 427, Nonimmigrant Academic Students, instructs the Secretary of Homeland 429, and 430 helicopters. This proposed Exchange Visitors, and Representatives Security to identify barriers that impede AD would require removing each of Foreign Information Media’’ (85 FR access to immigration benefits. 86 FR shoulder harness seat belt comfort clip 60526). The NPRM proposed to 8277, (Feb. 5, 2021). (‘‘E.O. 14012’’). (comfort clip) from service, inspecting eliminate the duration of status Having reviewed the public comments the shoulder harness seat belt for any admission period for F, J and certain I received in response to the NPRM in rip or abrasion, and removing any nonimmigrants and replace it with a light of Executive Order 14012, DHS shoulder harness seat belt from service fixed time period. Nonimmigrants believes some of the comments may be that has a rip or abrasion. This proposed seeking to remain in the United States justified and is concerned that the AD would also prohibit installing any beyond their fixed period of admission changes proposed unnecessarily impede comfort clip on any helicopter. This would have been required to apply for access to immigration benefits. DHS still proposed AD was prompted by a report an extension of stay directly with U.S. supports the goals of the NPRM to of a comfort clip interfering with the Citizenship and Immigration Services or protect the integrity of programs that seat belt inertia reel. The actions of this to depart the country and apply for admit nonimmigrants in the F, J, and I proposed AD are intended to address an unsafe condition on these products. admission with U.S. Customs and 1 Comments may be viewed at the Federal Docket DATES: Border Protection at a port of entry. Management System (FDMS) at http:// The FAA must receive comments In response to the NPRM, DHS www.regulations.gov, docket number USCIS–2019– on this proposed AD by August 20, received more than 32,000 comments 0006. 2021.
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ADDRESSES: You may send comments by all comments received by the closing injury to the occupant during an any of the following methods: date and may amend this proposal emergency landing. To prevent this • Federal eRulemaking Docket: Go to because of those comments. unsafe condition, Transport Canada AD https://www.regulations.gov. Follow the Except for Confidential Business CF–2018–16 requires, within 25 hours online instructions for sending your Information (CBI) as described in the air time or 10 days, whichever occurs comments electronically. following paragraph, and other first, determining if the comfort clips are • Fax: (202) 493–2251. information as described in 14 CFR installed. If the comfort clips are • Mail: Send comments to the U.S. 11.35, the FAA will post all comments installed, Transport Canada AD CF– Department of Transportation, Docket received, without change, to https:// 2018–16 requires removing them from Operations, M–30, West Building www.regulations.gov, including any service within 100 hours air time or 30 Ground Floor, Room W12–140, 1200 personal information you provide. The days, whichever occurs first, and New Jersey Avenue SE, Washington, DC agency will also post a report inspecting each shoulder harness seat 20590–0001. summarizing each substantive verbal belt for damage and replacing any • Hand Delivery: Deliver to ‘‘Mail’’ contact received about this NPRM. shoulder harness seat belt that has address between 9 a.m. and 5 p.m., Confidential Business Information damage that exceeds allowable limits Monday through Friday, except Federal before further flight. Transport Canada holidays. CBI is commercial or financial AD CF–2018–16 also prohibits the For service information identified in information that is both customarily and installation of any comfort clip on any this proposed rule, contact Bell Textron actually treated as private by its owner. helicopter. Canada Limited, 12,800 Rue de l’Avenir, Under the Freedom of Information Act Mirabel, Quebec J7J1R4; telephone 1– (FOIA) (5 U.S.C. 552), CBI is exempt FAA’s Determination 450–437–2862 or 1–800–363–8023; fax from public disclosure. If your These helicopters have been approved 1–450–433–0272; email comments responsive to this NPRM by the aviation authority of Canada and [email protected]; or at contain commercial or financial are approved for operation in the United https://www.bellflight.com/support/ information that is customarily treated States. Pursuant to the FAA’s bilateral contact-support. You may view the as private, that you actually treat as agreement with Canada, Transport referenced service information at the private, and that is relevant or Canada, its technical representative, has FAA, Office of the Regional Counsel, responsive to this NPRM, it is important notified the FAA of the unsafe condition that you clearly designate the submitted Southwest Region, 10101 Hillwood described in its AD. The FAA is comments as CBI. Please mark each Pkwy., Room 6N–321, Fort Worth, TX proposing this AD after evaluating all page of your submission containing CBI 76177. known relevant information and as ‘‘PROPIN.’’ The FAA will treat such determining that an unsafe condition is Examining the AD Docket marked submissions as confidential likely to exist or develop on other under the FOIA, and they will not be You may examine the AD docket on helicopters of the same type designs. the internet at https:// placed in the public docket of this www.regulations.gov by searching for NPRM. Submissions containing CBI Related Service Information should be sent to Steven Warwick, and locating Docket No. FAA–2021– The FAA reviewed the following Bell Aerospace Engineer, Certification 0539; or in person at Docket Operations Helicopter Alert Service Bulletins Section, Fort Worth ACO Branch, between 9 a.m. and 5 p.m., Monday (ASBs), each dated January 11, 2016: Compliance & Airworthiness Division, through Friday, except Federal holidays. • ASB 222–15–112 for Bell Model FAA, 10101 Hillwood Pkwy., Fort The AD docket contains this NPRM, the 222, 222B, and 222U helicopters with Worth, TX 76177; telephone (817) 222– Transport Canada AD, any comments serial numbers (S/N) 47006 through 5225; email [email protected]. received, and other information. The 47089, 47131 through 47156, and 47501 Any commentary that the FAA receives street address for Docket Operations is through 47574 (ASB 222–15–112); listed above. which is not specifically designated as • CBI will be placed in the public docket ASB 230–15–46 for Bell Model 230 FOR FURTHER INFORMATION CONTACT: for this rulemaking. helicopters with S/N 23001 through Steven Warwick, Aerospace Engineer, 23038; Certification Section, Fort Worth ACO Background • ASB 407–15–111 for Model 407 Branch, Compliance & Airworthiness Transport Canada, which is the helicopters with S/N 53000 through Division, FAA, 10101 Hillwood Pkwy., aviation authority for Canada, has 53900, 53911 through 54166, and 54300 Fort Worth, TX 76177; telephone (817) issued Canadian AD CF–2018–16, dated through 54599; 222–5225; email Steven.R.Warwick@ June 14, 2018 (Transport Canada AD • ASB 427–15–39 for Model 427 faa.gov. CF–2018–16), to correct an unsafe helicopters with S/N 56001 through SUPPLEMENTARY INFORMATION: condition for all serial-numbered Bell 56084, 58001 and 58002 (ASB 427–15– Model 206, 206A, 206A–1, 206B, 206B– 39); Comments Invited 1, 206L, 206L–1, 206L–3, 206L–4, 222, • ASB 429–15–27 for Model 429 The FAA invites you to send any 222B, 222U, 230, 407, 427, 429 and 430 helicopters with S/N 57001 through written relevant data, views, or helicopters. Transport Canada advises 57259 (ASB 429–15–27); and arguments about this proposal. Send that Bell delivered comfort clips with • ASB 430–15–56 for Model 430 your comments to an address listed some helicopters, and that these comfort helicopters with S/N 49001 through under ADDRESSES. Include ‘‘Docket No. clips, which were also sold as spare 49129. FAA–2021–0539; Project Identifier parts or accessories, were intended to The FAA also reviewed the following 2018–SW–048–AD’’ at the beginning of improve occupant comfort by reducing Bell Helicopter ASBs, both Revision A your comments. The most helpful shoulder harness tension. However, and both dated February 5, 2016: comments reference a specific portion of Transport Canada advises the comfort • ASB 206–15–133 for Model 206A/B the proposal, explain the reason for any clip may interfere with the shoulder and TH–67 helicopters with S/N 4 recommended change, and include harness inertia reel, preventing the through 4690 and 5101 through 5313 supporting data. The FAA will consider harness from locking and resulting in (ASB 206–15–133); and
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• ASB 206L–15–175 for Model 206L, Transport Canada AD CF–2018–16 national Government and the States, or 206L–1, 206L–3, and 206L–4 helicopters applies to all serial-numbered Model on the distribution of power and with S/N 45001 through 45153, 46601 206, 206A, 206A–1, 206B, 206B–1, responsibilities among the various through 46617, 45154 through 45790, 206L, 206L–1, 206L–3, 206L–4, 222, levels of government. 51001 through 51612, and 52001 222B, 222U, 230, 407, 427, 429 and 430 For the reasons discussed, I certify through 52455 (ASB 206L–15–175). helicopters, whereas this proposed AD this proposed regulation: All of the ASBs specify removing all would apply to Model 206, 206A, 1. Is not a ‘‘significant regulatory variants of comforts clips from all seat 206A–1, 206B, 206B–1, 206L, 206L–1, action’’ under Executive Order 12866, belt assemblies. ASB 222–15–112, ASB 206L–3, 206L–4, 222, 222B, 222U, 230, 2. Would not affect intrastate aviation 427–15–39, and ASB 429–15–27 also 407, 427, 429 and 430 helicopters with in Alaska, and specify that although the helicopter a comfort clip installed or helicopters 3. Would not have a significant models to which these ASBs apply were that have been modified per economic impact, positive or negative, not affected by the original design at the Supplemental Type Certificate (STC) on a substantial number of small entities time of certification and delivery of the SH2073SO (installation of shoulder under the criteria of the Regulatory helicopter, the affected parts may have harness restraint system) or STC Flexibility Act. been installed post-delivery to end SH2751SO (installation of a passenger List of Subjects in 14 CFR Part 39 shoulder harness restraint system). owners/operators of those helicopters. Air transportation, Aircraft, Aviation ASB 206–15–133 and ASB 206L–15– Costs of Compliance safety, Incorporation by reference, 175 also specify that helicopters that Safety. have been modified per Supplemental The FAA estimates that this proposed Type Certificate (STC) SH2073SO AD would affect 2,347 helicopters of The Proposed Amendment U.S. Registry. The FAA estimates that (installation of shoulder harness Accordingly, under the authority operators may incur the following costs restraint system) are affected and delegated to me by the Administrator, in order to comply with this proposed therefore included in the ASB the FAA proposes to amend 14 CFR part AD. Labor costs are estimated at $85 per applicability. 39 as follows: ASB 206L–15–175 also specifies that work-hour. Removing each comfort clip would helicopters that have been modified per PART 39—AIRWORTHINESS take about 0.5 work-hour for an STC SH2751SO (installation of a DIRECTIVES estimated cost of $43 per clip and up to passenger shoulder harness restraint $807,368 for the U.S. fleet. ■ system) are affected and therefore 1. The authority citation for part 39 Replacing a shoulder harness seat continues to read as follows: included in the ASB applicability. belt, if required, would take about 1 Authority: 49 U.S.C. 106(g), 40113, 44701. Proposed AD Requirements work-hour and parts would cost about $250 per shoulder harness seat belt, for § 39.13 [Amended] This proposed AD would require, an estimated cost of $335 per ■ 2. The FAA amends § 39.13 by adding within 25 hours time-in-service (TIS) replacement. after the effective date of this AD, the following new airworthiness removing from service each comfort clip Authority for This Rulemaking directive: and inspecting each shoulder harness Title 49 of the United States Code Bell Textron Canada Limited: Docket No. seat belt for a rip and abrasion. If there specifies the FAA’s authority to issue FAA–2021–0539; Project Identifier 2018–SW–048–AD. is a rip or abrasion, this proposed AD rules on aviation safety. Subtitle I, would require removing the shoulder section 106, describes the authority of (a) Comments Due Date harness seat belt from service before the FAA Administrator. Subtitle VII: The FAA must receive comments on this further flight. This proposed AD would Aviation Programs, describes in more airworthiness directive (AD) by August 20, also prohibit installing a comfort clip on detail the scope of the Agency’s 2021. any helicopter as of the effective date of authority. (b) Affected ADs the proposed AD. The FAA is issuing this rulemaking None. Differences Between This Proposed AD under the authority described in and the Transport Canada AD Subtitle VII, Part A, Subpart III, Section (c) Applicability 44701: General requirements. Under This AD applies to Bell Textron Canada This proposed AD would require that section, Congress charges the FAA Limited (Bell) Model 206, 206A, 206A–1 removing the comfort clip and with promoting safe flight of civil (OH–58A), 206B, 206B–1, 206L, 206L–1, inspecting the shoulder harness seat belt aircraft in air commerce by prescribing 206L–3, 206L–4, 222, 222B, 222U, 230, 407, within 25 hours TIS; Transport Canada regulations for practices, methods, and 427, 429, and 430 helicopters, certificated in AD CF–2018–16 requires inspecting for procedures the Administrator finds any category: the presence of a comfort clip at 25 necessary for safety in air commerce. (1) With a shoulder harness seat belt hours air time, or 10 days, whichever comfort clip (comfort clip) installed; or This regulation is within the scope of (2) That have been modified per occurs first, and then requires removing that authority because it addresses an Supplemental Type Certificate (STC) the comfort clip, if installed. Transport unsafe condition that is likely to exist or SH2073SO (installation of shoulder harness Canada AD CF–2018–16 requires develop on products identified in this restraint system) or STC SH2751SO inspecting the shoulder harness seat belt rulemaking action. (installation of a passenger shoulder harness for any damage that exceeds allowable restraint system). Regulatory Findings limits within 100 hours air time or 30 (d) Subject days, whichever occurs first, whereas The FAA determined that this this proposed AD would require the proposed AD would not have federalism Joint Aircraft Service Component (JASC) Code: 2500 Cabin Equipment/Furnishings. inspection within 25 hours TIS and implications under Executive Order removing any shoulder harness seat belt 13132. This proposed AD would not (e) Unsafe Condition from service before further flight if there have a substantial direct effect on the This AD defines the unsafe condition as a is any rip or abrasion. States, on the relationship between the comfort clip interfering with the seat belt
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inertia reel, which could prevent the seatbelt Issued on June 28, 2021. • Hand Delivery: Deliver to Mail from locking and result in injury to the Ross Landes, address above between 9 a.m. and 5 occupant during an emergency landing. Deputy Director for Regulatory Operations, p.m., Monday through Friday, except (f) Compliance Compliance & Airworthiness Division, Federal holidays. Aircraft Certification Service. For material that will be incorporated Comply with this AD within the [FR Doc. 2021–14257 Filed 7–2–21; 8:45 am] by reference (IBR) in this AD, contact compliance times specified, unless already BILLING CODE 4910–13–P EASA, Konrad-Adenauer-Ufer 3, 50668 done. Cologne, Germany; telephone +49 221 (g) Required Actions 8999 000; email [email protected]; DEPARTMENT OF TRANSPORTATION (1) Within 25 hours time-in-service, after internet www.easa.europa.eu. You may find this IBR material on the EASA the effective date of this AD: Federal Aviation Administration (i) Remove each comfort clip from service. website at https://ad.easa.europa.eu. You may view this IBR material at the (ii) Inspect each shoulder harness seat belt 14 CFR Part 39 for a rip and abrasion. If there is a rip or any FAA, Airworthiness Products Section, abrasion, before further flight, remove the [Docket No. FAA–2021–0545; Project Operational Safety Branch, 2200 South shoulder harness seat belt from service. Identifier MCAI–2021–00071–T] 216th St., Des Moines, WA. For (2) As of the effective date of this AD, do RIN 2120–AA64 information on the availability of this not install any comfort clip on any material at the FAA, call 206–231–3195. helicopter. Airworthiness Directives; Airbus SAS It is also available in the AD docket on Airplanes the internet at https:// (h) Alternative Methods of Compliance www.regulations.gov by searching for (AMOCs) AGENCY: Federal Aviation and locating Docket No. FAA–2021– (1) The Manager, International Validation Administration (FAA), DOT. 0545. Branch, FAA, has the authority to approve ACTION: Notice of proposed rulemaking AMOCs for this AD, if requested using the (NPRM). Examining the AD Docket procedures found in 14 CFR 39.19. In You may examine the AD docket on SUMMARY: The FAA proposes to adopt a accordance with 14 CFR 39.19, send your the internet at https:// new airworthiness directive (AD) for all request to your principal inspector or local www.regulations.gov by searching for Flight Standards District Office, as Airbus SAS Model A350–941 and –1041 airplanes. This proposed AD was and locating Docket No. FAA–2021– appropriate. If sending information directly 0545; or in person at Docket Operations to the manager of the International Validation prompted by a report of a broken forward guide arm found during a between 9 a.m. and 5 p.m., Monday Branch, send it to the attention of the person through Friday, except Federal holidays. identified in paragraph (i)(1) of this AD. passenger door emergency opening test. Investigation results indicated that the The AD docket contains this NPRM, any Information may be emailed to: 9-AVS-AIR- comments received, and other [email protected]. opening speed of the door was higher than expected, likely caused by a information. The street address for (2) Before using any approved AMOC, Docket Operations is listed above. notify your appropriate principal inspector, reduced damping due to oil leakage of FOR FURTHER INFORMATION CONTACT: or lacking a principal inspector, the manager the passenger door damper emergency Kathleen Arrigotti, Aerospace Engineer, of the local flight standards district office/ opening actuator (DEOA). This certificate holding district office. proposed AD would require repetitively Large Aircraft Section, International replacing certain forward and aft guide Validation Branch, FAA, 2200 South (i) Related Information arms on the passenger door, inspecting 216th St., Des Moines, WA 98198; (1) For more information about this AD, the forward and aft guide arm support telephone and fax 206–231–3218; email contact Steven Warwick, Aerospace brackets for damage, modifying certain [email protected]. Engineer, Certification Section, Fort Worth DEOAs, and repair if necessary. This SUPPLEMENTARY INFORMATION: ACO Branch, Compliance & Airworthiness proposed AD would also provide an Division, FAA, 10101 Hillwood Pkwy., Fort optional terminating action for the Comments Invited Worth, TX 76177; telephone (817) 222–5225; repetitive replacements, as specified in The FAA invites you to send any email [email protected]. a European Union Aviation Safety written relevant data, views, or (2) For service information identified in Agency (EASA) AD, which is proposed arguments about this proposal. Send this AD, contact Bell Textron Canada for incorporation by reference. The FAA your comments to an address listed Limited, 12,800 Rue de l’Avenir, Mirabel, is proposing this AD to address the under ADDRESSES. Include ‘‘Docket No. Quebec J7J1R4; telephone 1–450–437–2862 unsafe condition on these products. FAA–2021–0545; Project Identifier or 1–800–363–8023; fax 1–450–433–0272; DATES: The FAA must receive comments MCAI–2021–00071–T’’ at the beginning email [email protected]; or at on this proposed AD by August 20, of your comments. The most helpful https://www.bellflight.com/support/contact- 2021. comments reference a specific portion of support. You may view this referenced ADDRESSES: You may send comments, the proposal, explain the reason for any service information at the FAA, Office of the using the procedures found in 14 CFR recommended change, and include Regional Counsel, Southwest Region, 10101 11.43 and 11.45, by any of the following supporting data. The FAA will consider Hillwood Pkwy., Room 6N–321, Fort Worth, all comments received by the closing TX 76177. For information on the availability methods: • Federal eRulemaking Portal: Go to date and may amend the proposal of this material at the FAA, call (817) 222– https://www.regulations.gov. Follow the because of those comments. 5110. instructions for submitting comments. Except for Confidential Business (3) The subject of this AD is addressed • Fax: 202–493–2251. Information (CBI) as described in the Transport Canada AD CF–2018–16, dated • Mail: U.S. Department of following paragraph, and other June 14, 2018. You may view the Transport Transportation, Docket Operations, information as described in 14 CFR Canada AD on the internet at https:// M–30, West Building Ground Floor, 11.35, the FAA will post all comments www.regulations.gov in the AD Docket in Room W12–140, 1200 New Jersey received, without change, to https:// Docket No. FAA–2021–0539. Avenue SE, Washington, DC 20590. www.regulations.gov, including any
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personal information you provide. The found during a passenger door Proposed AD Requirements agency will also post a report emergency opening test. Investigation This proposed AD would require summarizing each substantive verbal results indicated that the opening speed accomplishing the actions specified in contact received about this proposed of the door was higher than expected, EASA AD 2021–0085 described AD. likely caused by a reduced damping due previously, as incorporated by Confidential Business Information to oil leakage of the passenger door reference, except for any differences DEOA. The FAA is proposing this AD CBI is commercial or financial identified as exceptions in the to address failure of a passenger door to regulatory text of this AD. information that is both customarily and perform its intended function during an actually treated as private by its owner. emergency opening, which could result Explanation of Required Compliance Under the Freedom of Information Act in reduced evacuation capacity from the Information (FOIA) (5 U.S.C. 552), CBI is exempt airplane and injury to occupants. See from public disclosure. If your In the FAA’s ongoing efforts to the MCAI for additional background improve the efficiency of the AD comments responsive to this NPRM information. contain commercial or financial process, the FAA initially worked with information that is customarily treated Related Service Information Under 1 Airbus and EASA to develop a process as private, that you actually treat as CFR Part 51 to use certain EASA ADs as the primary private, and that is relevant or source of information for compliance responsive to this NPRM, it is important EASA AD 2021–0085 describes with requirements for corresponding that you clearly designate the submitted procedures for repetitively replacing the FAA ADs. The FAA has since comments as CBI. Please mark each forward and aft guide arms following coordinated with other manufacturers page of your submission containing CBI any passenger door emergency opening, and civil aviation authorities (CAAs) to as ‘‘PROPIN.’’ The FAA will treat such modifying the airplane so that there is use this process. As a result, EASA AD marked submissions as confidential a maximum of one affected DEOA per 2021–0085 will be incorporated by under the FOIA, and they will not be door pair (left- and right-hand sides), reference in the FAA final rule. This placed in the public docket of this inspecting the forward and aft guide proposed AD would, therefore, require NPRM. Submissions containing CBI arm support brackets for damage, and compliance with EASA AD 2021–0085 should be sent to Kathleen Arrigotti, repair. EASA AD 2021–0085 also in its entirety, through that Aerospace Engineer, Large Aircraft describes procedures for replacement of incorporation, except for any differences Section, International Validation each affected DEOA having part number identified as exceptions in the Branch, FAA, 2200 South 216th St., Des FE396001001, which is terminating regulatory text of this proposed AD. Moines, WA 98198; telephone and fax action for the repetitive replacements. Using common terms that are the same as the heading of a particular section in 206–231–3218; email This material is reasonably available the EASA AD does not mean that [email protected]. Any because the interested parties have operators need comply only with that commentary that the FAA receives access to it through their normal course section. For example, where the AD which is not specifically designated as of business or by the means identified requirement refers to ‘‘all required CBI will be placed in the public docket in the ADDRESSES section. for this rulemaking. actions and compliance times,’’ FAA’s Determination and Requirements compliance with this AD requirement is Background of This Proposed AD not limited to the section titled EASA, which is the Technical Agent ‘‘Required Action(s) and Compliance for the Member States of the European This product has been approved by Time(s)’’ in the EASA AD. Service Union, has issued EASA AD 2021–0085, the aviation authority of another information specified in EASA AD dated March 19, 2021 (EASA AD 2021– country, and is approved for operation 2021–0085 that is required for 0085) (also referred to as the Mandatory in the United States. Pursuant to the compliance with EASA AD 2021–0085 Continuing Airworthiness Information, FAA’s bilateral agreement with the State will be available on the internet at or the MCAI), to correct an unsafe of Design Authority, the FAA has been https://www.regulations.gov by condition for all Airbus SAS Model notified of the unsafe condition searching for and locating Docket No. A350–941 and –1041 airplanes. EASA described in the MCAI referenced FAA–2021–0545 after the FAA final AD 2021–0085 supersedes EASA AD above. The FAA is proposing this AD rule is published. 2021–0018 dated 15 January 2021, because the FAA evaluated all the Costs of Compliance retains all requirements and adds relevant information and determined terminating action for the repetitive the unsafe condition described The FAA estimates that this proposed replacements. previously is likely to exist or develop AD affects 15 airplanes of U.S. registry. This proposed AD was prompted by in other products of the same type The FAA estimates the following costs a report of a broken forward guide arm design. to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost on U.S. Labor cost Parts cost Cost per product operators
Up to 93 work-hours × $85 per hour = Up to $7,905 ...... Up to $13,600 ...... Up to $21,505 ...... Up to $322,575. Modification ...... $0 ...... Up to $935 ...... Up to $14,025.
The FAA has received no definitive for the on-condition repairs specified in According to the manufacturer, some data on which to base the cost estimates this proposed AD. or all of the costs of this proposed AD may be covered under warranty, thereby
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reducing the cost impact on affected Authority: 49 U.S.C. 106(g), 40113, 44701. the forward and aft guide arms on that door, operators. The FAA does not control in accordance with the instructions of the § 39.13 [Amended] warranty coverage for affected operators. inspections SB; doing a detailed inspection ■ As a result, the FAA has included all 2. The FAA amends § 39.13 by adding of the forward and aft guide arm support bracket on that door and all applicable known costs in the cost estimate. the following new airworthiness directive: corrective actions as specified in paragraphs Authority for This Rulemaking (3) through (5) of EASA AD 2021–0085; and Airbus SAS: Docket No. FAA–2021–0545; installing new forward and aft guide arms on Title 49 of the United States Code Project Identifier MCAI–2021–00071–T. that door, in accordance with the instructions specifies the FAA’s authority to issue (a) Comments Due Date of the inspections SB.’’ rules on aviation safety. Subtitle I, (i) No Reporting Requirement section 106, describes the authority of The FAA must receive comments on this the FAA Administrator. Subtitle VII: airworthiness directive (AD) by August 20, Although the service information 2021. Aviation Programs, describes in more referenced in EASA AD 2021–0085 specifies to submit certain information to the (b) Affected ADs detail the scope of the Agency’s manufacturer, this AD does not include that authority. None. requirement. The FAA is issuing this rulemaking under the authority described in (c) Applicability (j) Other FAA AD Provisions Subtitle VII, Part A, Subpart III, Section This AD applies to all Airbus SAS Model The following provisions also apply to this 44701: General requirements. Under A350–941 and –1041 airplanes, certificated AD: that section, Congress charges the FAA in any category. (1) Alternative Methods of Compliance with promoting safe flight of civil (d) Subject (AMOCs): The Manager, Large Aircraft Section, International Validation Branch, aircraft in air commerce by prescribing Air Transport Association (ATA) of FAA, has the authority to approve AMOCs regulations for practices, methods, and America Code 52, Doors. for this AD, if requested using the procedures procedures the Administrator finds (e) Reason found in 14 CFR 39.19. In accordance with necessary for safety in air commerce. 14 CFR 39.19, send your request to your This regulation is within the scope of This AD was prompted by a report of a principal inspector or responsible Flight that authority because it addresses an broken forward guide arm found during a Standards Office, as appropriate. If sending passenger door emergency opening test. information directly to the Large Aircraft unsafe condition that is likely to exist or Investigation results indicated that the develop on products identified in this Section, International Validation Branch, opening speed of the door was higher than send it to the attention of the person rulemaking action. expected, likely caused by a reduced identified in paragraph (k)(2) of this AD. Regulatory Findings damping due to oil leakage of the passenger Information may be emailed to: 9-AVS-AIR- door damper emergency opening actuator [email protected]. Before using any The FAA determined that this (DEOA). The FAA is issuing this AD to approved AMOC, notify your appropriate proposed AD would not have federalism address failure of a passenger door to perform principal inspector, or lacking a principal implications under Executive Order its intended function during an emergency inspector, the manager of the responsible 13132. This proposed AD would not opening, which could result in reduced Flight Standards Office. have a substantial direct effect on the evacuation capacity from the airplane and (2) Contacting the Manufacturer: For any States, on the relationship between the injury to occupants. requirement in this AD to obtain instructions national Government and the States, or (f) Compliance from a manufacturer, the instructions must be accomplished using a method approved on the distribution of power and Comply with this AD within the by the Manager, Large Aircraft Section, responsibilities among the various compliance times specified, unless already International Validation Branch, FAA; or levels of government. done. EASA; or Airbus SAS’s EASA Design For the reasons discussed above, I (g) Requirements Organization Approval (DOA). If approved by certify this proposed regulation: the DOA, the approval must include the (1) Is not a ‘‘significant regulatory Except as specified in paragraph (h) of this DOA-authorized signature. action’’ under Executive Order 12866, AD: Comply with all required actions and (3) Required for Compliance (RC): Except (2) Would not affect intrastate compliance times specified in, and in as required by paragraph (j)(2) of this AD, if accordance with, European Union Aviation aviation in Alaska, and any service information contains procedures Safety Agency (EASA) EASA AD 2021–0085, or tests that are identified as RC, those (3) Would not have a significant dated March 19, 2021 (EASA AD 2021–0085). economic impact, positive or negative, procedures and tests must be done to comply (h) Exceptions to EASA AD 2021–0085 with this AD; any procedures or tests that are on a substantial number of small entities not identified as RC are recommended. Those under the criteria of the Regulatory (1) Where EASA AD 2021–0085 refers to procedures and tests that are not identified Flexibility Act. January 29, 2021 (the effective date of EASA as RC may be deviated from using accepted AD 2021–0018), this AD requires using the List of Subjects in 14 CFR Part 39 methods in accordance with the operator’s effective date of this AD. maintenance or inspection program without Air transportation, Aircraft, Aviation (2) Where EASA AD 2021–0085 refers to its obtaining approval of an AMOC, provided safety, Incorporation by reference, effective date, this AD requires using the the procedures and tests identified as RC can Safety. effective date of this AD. be done and the airplane can be put back in (3) The ‘‘Remarks’’ section of EASA AD an airworthy condition. Any substitutions or The Proposed Amendment 2021–0085 does not apply to this AD. changes to procedures or tests identified as (4) Where paragraphs (4) and (5) of EASA RC require approval of an AMOC. Accordingly, under the authority AD 2021–0085 refer to ‘‘the limits as defined delegated to me by the Administrator, in the inspection SB [service bulletin],’’ for (k) Related Information the FAA proposes to amend 14 CFR part this AD use ‘‘the limits as defined in ASR (1) For information about EASA AD 2021– 39 as follows: [aircraft structural repair] A350–A–51–73– 0085, contact EASA, Konrad-Adenauer-Ufer 11–01ZZZ–667Z–A.’’ 3, 50668 Cologne, Germany; telephone +49 PART 39—AIRWORTHINESS (5) Where paragraphs (1) and (2) of EASA 221 8999 000; email [email protected]; DIRECTIVES AD 2021–0085 specify to ‘‘replace the internet www.easa.europa.eu. You may find forward and aft guide arms on that door in this EASA AD on the EASA website at ■ 1. The authority citation for part 39 accordance with the instructions of the https://ad.easa.europa.eu. You may view this continues to read as follows: inspection SB,’’ this AD requires ‘‘removing material at the FAA, Airworthiness Products
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Section, Operational Safety Branch, 2200 ADDRESSES: You may send comments, Except for Confidential Business South 216th St., Des Moines, WA. For using the procedures found in 14 CFR Information (CBI) as described in the information on the availability of this 11.43 and 11.45, by any of the following following paragraph, and other material at the FAA, call 206–231–3195. This methods: information as described in 14 CFR material may be found in the AD docket on • the internet at https://www.regulations.gov Federal eRulemaking Portal: Go to 11.35, the FAA will post all comments by searching for and locating Docket No. https://www.regulations.gov. Follow the received, without change, to https:// FAA–2021–0545. instructions for submitting comments. www.regulations.gov, including any (2) For more information about this AD, • Fax: (202) 493–2251. personal information you provide. The • contact Kathleen Arrigotti, Aerospace Mail: U.S. Department of agency will also post a report Engineer, Large Aircraft Section, Transportation, Docket Operations, summarizing each substantive verbal International Validation Branch, FAA, 2200 M–30, West Building Ground Floor, contact we receive about this proposed South 216th St., Des Moines, WA 98198; Room W12–140, 1200 New Jersey AD. telephone and fax 206–231–3218; email Avenue SE, Washington, DC 20590. [email protected]. • Hand Delivery: Deliver to Mail Confidential Business Information Issued on June 29, 2021. address above between 9 a.m. and 5 CBI is commercial or financial Lance T. Gant, p.m., Monday through Friday, except information that is both customarily and Federal holidays. Director, Compliance & Airworthiness actually treated as private by its owner. Division, Aircraft Certification Service. For service information identified in this NPRM, contact Hoffmann GmbH & Under the Freedom of Information Act [FR Doc. 2021–14269 Filed 7–2–21; 8:45 am] (FOIA) (5 U.S.C. 552), CBI is exempt BILLING CODE 4910–13–P Co. KG, Ku¨ pferlingstrasse 9, 83022, Rosenheim, Germany; phone: +49 0 from public disclosure. If your 8031 1878 0; email: info@hoffmann- comments responsive to this NPRM DEPARTMENT OF TRANSPORTATION prop.com; website: https://hoffmann- contain commercial or financial prop.com. You may view this service information that is customarily treated Federal Aviation Administration information at the FAA, Airworthiness as private, that you actually treat as Products Section, Operational Safety private, and that is relevant or 14 CFR Part 39 Branch, 1200 District Avenue, responsive to this NPRM, it is important Burlington, MA 01803. For information that you clearly designate the submitted [Docket No. FAA–2021–0546; Project comments as CBI. Please mark each Identifier MCAI–2021–00387–P] on the availability of this material at the FAA, call (781) 238–7759. page of your submission containing CBI RIN 2120–AA64 as ‘‘PROPIN.’’ The FAA will treat such Examining the AD Docket marked submissions as confidential Airworthiness Directives; Hoffmann You may examine the AD docket at under the FOIA, and they will not be GmbH & Co. KG Propellers https://www.regulations.gov by placed in the public docket of this AGENCY: Federal Aviation searching for and locating Docket No. NPRM. Submissions containing CBI Administration (FAA), DOT. FAA–2021–0546; or in person at Docket should be sent to Michael Schwetz, ACTION: Notice of proposed rulemaking Operations between 9 a.m. and 5 p.m., Aviation Safety Engineer, Boston ACO (NPRM). Monday through Friday, except Federal Branch, FAA, 1200 District Avenue, holidays. The AD docket contains this Burlington, MA 01803. Any SUMMARY: The FAA proposes to NPRM, the mandatory continuing commentary that the FAA receives supersede Airworthiness Directive (AD) airworthiness information (MCAI), any which is not specifically designated as 2020–25–05, which applies to all comments received, and other CBI will be placed in the public docket Hoffmann GmbH & Co. KG (Hoffmann) information. The street address for for this rulemaking. model HO–V 72 propellers. AD 2020– Docket Operations is listed above. Background 25–05 requires amending the existing FOR FURTHER INFORMATION CONTACT: aircraft flight manual (AFM) with Michael Schwetz, Aviation Safety The FAA issued AD 2020–25–05, abnormal propeller vibration Engineer, Boston ACO Branch, FAA, Amendment 39–21347 (85 FR 78702, instructions. AD 2020–25–05 also 1200 District Avenue, Burlington, MA December 7, 2020), (AD 2020–25–05), requires visual inspection and non- 01803; phone: (781) 238–7761; fax: (781) for all Hoffmann model HO–V 72 destructive test (NDT) inspection of the 238–7199; email: michael.schwetz@ propellers. AD 2020–25–05 was propeller hub and, depending on the faa.gov. prompted by reports of cracks at results of the inspections, replacement SUPPLEMENTARY INFORMATION: different positions on two affected of the propeller hub with a part eligible propeller hubs. AD 2020–25–05 requires for installation. AD 2020–25–05 also Comments Invited amending the existing AFM with requires replacement of the propeller The FAA invites you to send any abnormal propeller vibration hub before exceeding 30 years since the written relevant data, views, or instructions. AD 2020–25–05 also date of manufacture. Since the FAA arguments about this proposal. Send requires visual inspection and NDT issued AD 2020–25–05, analyses of the your comments to an address listed inspection of the propeller hub and, inspection results showed that the 30- under ADDRESSES. Include ‘‘Docket No. depending on the results of the year life limit of the propeller hub is no FAA–2021–0546; Project Identifier inspections, replacement of the longer needed. This proposed AD would MCAI–2021–00387–P’’ at the beginning propeller hub with a part eligible for retain certain requirements of AD 2020– of your comments. The most helpful installation. AD 2020–25–05 also 25–05 and remove the 30-year life limit comments reference a specific portion of requires replacement of the propeller of the propeller hub. The FAA is the proposal, explain the reason for any hub before exceeding 30 years since the proposing this AD to address the unsafe recommended change, and include date of manufacture or within 30 days condition on these products. supporting data. The FAA will consider after the effective date of AD 2020–25– DATES: The FAA must receive comments all comments received by the closing 05, whichever occurs later. The agency on this proposed AD by August 20, date and may amend the proposal issued AD 2020–25–05 to prevent 2021. because of those comments. failure of the propeller hub.
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Actions Since AD 2020–25–05 Was You may obtain further information Proposed AD Requirements in This Issued by examining the MCAI in the AD NPRM Since the FAA issued AD 2020–25– docket at https://www.regulations.gov by searching for and locating Docket No. This proposed AD would retain 05, the European Union Aviation Safety certain requirements of AD 2020–25–05. Agency (EASA), which is the Technical FAA–2021–0546. In addition, Hoffmann issued Service This proposed AD would no longer Agent for the Member States of the require that the propeller hub be European Community, has issued EASA Bulletin SB E53, Rev. D, dated February 18, 2021, to no longer specify that the replaced before exceeding 30 years since AD 2020–0226R1, dated March 31, 2021 propeller hub be replaced before the date of manufacture or within 30 (referred to after this as ‘‘the MCAI’’), to exceeding 30 years since the date of days after the effective date of AD 2020– address the unsafe condition on these manufacture. 25–05. products. The MCAI states: Differences Between the Proposed AD Cracks have been reported at different FAA’s Determination and MCAI or Service Information positions on two affected parts, both installed This product has been approved by on Slingsby T67 ‘‘Firefly’’ aeroplanes. One EASA and is approved for operation in EASA AD 2020–0226R1, dated March crack was found during scheduled the United States. Pursuant to the FAA’s 31, 2021, applies to Hoffmann HO–V 72 inspection, the other crack during an bilateral agreement with the European unscheduled inspection after abnormal propellers with propeller hub HO–V 72 vibrations occurred. Both cases are under Community, EASA has notified the FAA ( ) ( )–( )–( ) that have been used or are investigation by Hoffmann Propeller. of the unsafe condition described in the expected to be used for aerobatic This condition, if not detected and MCAI and service information. The maneuvers. This proposed AD applies corrected, could lead to in-flight propeller FAA is issuing this NPRM because the to all Hoffmann model HO–V 72 detachment, possibly resulting in damage to agency evaluated all the relevant propellers regardless of their use. the airplane and/or injury to persons on the information provided by EASA and Hoffmann Propeller GmbH & Co. KG ground. determined the unsafe condition To address this potential unsafe condition, Service Bulletin SB E53, Rev. D, dated described previously is likely to exist or February 18, 2021, specifies that Hoffmann issued the SB, providing develop in other products of the same applicable instructions. operators must send any propeller For the reasons described above, EASA type design. found with a crack to Hoffmann for issued Emergency AD 2020–0226–E to Related Service Information Under 1 investigation. The service bulletin also require inspections of affected parts and, CFR Part 51 specifies that operators must report any depending on findings, replacement, and propeller with cracked hubs to introduces a life limit for affected parts. That The FAA reviewed Hoffmann [EASA] AD also required, for certain Propeller GmbH & Co. KG Service Hoffmann. This proposed AD does not aeroplanes, amendment of the applicable Bulletin SB E53, Rev. D, dated February mandate sending the propeller or Aircraft Flight Manual (AFM). 18, 2021. This service information information to Hoffmann. Since that [EASA] AD was issued, recent specifies procedures for visual and NDT Costs of Compliance analyses of inspection results showed that inspections of the propeller hub for the life limit of 30 years is no longer cracks. This service information is The FAA estimates that this AD, if necessary and Hoffmann Propeller issued reasonably available because the adopted as proposed, would affect 35 Revision D of the SB accordingly. propellers installed on airplanes of U.S. This [EASA] AD is revised to delete the life interested parties have access to it limit and to introduce a clarification for through their normal course of business registry. corrective action(s) during overhaul in or by the means identified in The FAA estimates the following paragraph (6) [of EASA AD]. ADDRESSES. costs to comply with this proposed AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Amend AFM ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $2,975 Visually inspect propeller hub ...... 1 work-hour × $85 per hour = $85 ...... 0 85 2,975 NDT inspect propeller hub ...... 8 work-hours × $85 per hour = $680 ...... 0 680 23,800
The FAA estimates the following results of the proposed inspection. The number of aircraft that might need this costs to do any necessary replacement agency has no way of determining the replacement: that would be required based on the
ON-CONDITION COSTS
Cost per Action Labor cost Parts cost product
Replace propeller hub ...... 5 work-hours × $85 per hour = $425 ...... $1,600 $2,025
Authority for This Rulemaking Section 106, describes the authority of The FAA is issuing this rulemaking the FAA Administrator. Subtitle VII, under the authority described in Title 49 of the United States Code Aviation Programs, describes in more Subtitle VII, Part A, Subpart III, Section specifies the FAA’s authority to issue detail the scope of the Agency’s 44701, General requirements. Under rules on aviation safety. Subtitle I, authority. that section, Congress charges the FAA
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with promoting safe flight of civil (b) Affected ADs (3), and (5) of this AD if you performed any aircraft in air commerce by prescribing This AD replaces AD 2020–25–05, of these actions before the effective date of regulations for practices, methods, and Amendment 39–21347 (85 FR 78702, this AD using Hoffmann Propeller GmbH & procedures the Administrator finds December 7, 2020). Co. KG SB E53 Rev. A, dated October 9, 2020; Rev. B, dated October 14, 2020; or Rev. C, necessary for safety in air commerce. (c) Applicability This regulation is within the scope of dated December 9, 2020. This AD applies to all Hoffmann GmbH & that authority because it addresses an Co. KG HO–V 72 propellers. (k) Special Flight Permit unsafe condition that is likely to exist or develop on products identified in this (d) Subject A special flight permit may be issued in accordance with 14 CFR 21.197 and 21.199 rulemaking action. Joint Aircraft System Component (JASC) Code 6114, Propeller Hub Section. to operate the airplane to a service facility to Regulatory Findings perform the NDT inspection. Special flight (e) Unsafe Condition permits are prohibited to perform the visual The FAA has determined that this This AD was prompted by reports of cracks inspection of the propeller hub. proposed AD would not have federalism at different positions on two affected implications under Executive Order propeller hubs. The FAA is issuing this AD (l) Alternative Methods of Compliance 13132. This proposed AD would not to prevent failure of the propeller hub. The (AMOCs) have a substantial direct effect on the unsafe condition, if not addressed, could (1) The Manager, Boston ACO Branch, States, on the relationship between the result in release of the propeller, damage to FAA, has the authority to approve AMOCs national Government and the States, or the airplane, and injury to persons on the for this AD, if requested using the procedures ground. on the distribution of power and found in 14 CFR 39.19. In accordance with responsibilities among the various (f) Compliance 14 CFR 39.19, send your request to your levels of government. Comply with this AD within the principal inspector or local Flight Standards For the reasons discussed above, I compliance times specified, unless already District Office, as appropriate. If sending certify that the proposed regulation: done. information directly to the manager of the certification office, send it to the attention of (1) Is not a ‘‘significant regulatory (g) Required Actions the person identified in Related Information. action’’ under Executive Order 12866, (1) Before the next flight after December 22, (2) Before using any approved AMOC, 2020 (the effective date of AD 2020–25–05), (2) Would not affect intrastate notify your appropriate principal inspector, aviation in Alaska, and amend the existing aircraft flight manual by inserting the procedure: ‘‘Abnormal propeller or lacking a principal inspector, the manager (3) Would not have a significant vibrations: As applicable, reduce engine of the local flight standards district office/ economic impact, positive or negative, RPM.’’ certificate holding district office. (2) Before the next flight after the effective on a substantial number of small entities (m) Related Information under the criteria of the Regulatory date of this AD, and thereafter, before the Flexibility Act. next flight after any flight where abnormal (1) For more information about this AD, propeller vibrations have been experienced, contact Michael Schwetz, Aviation Safety List of Subjects in 14 CFR Part 39 visually inspect propeller hub HO–V 72 ( ) Engineer, Boston ACO Branch, FAA, 1200 ( )–( )–( ) for cracks using paragraph 2.1 of District Avenue, Burlington, MA 01803; Air transportation, Aircraft, Aviation Hoffmann Propeller GmbH & Co. KG Service phone: (781) 238–7761; fax: (781) 238–7199; safety, Incorporation by reference, Bulletin SB E53, Rev. D, dated February 18, email: [email protected]. Safety. 2021 (the SB). (3) Within 20 flight hours after the effective (2) Refer to European Union Aviation The Proposed Amendment date of this AD, perform a non-destructive Safety Agency (EASA) AD 2020–0226R1, test (NDT) inspection of propeller hub HO– dated March 31, 2021, for more information. Accordingly, under the authority V 72 ( ) ( )–()–( ) using paragraph 2.3 of the SB. You may examine the EASA AD in the AD delegated to me by the Administrator, (4) If, during any inspection required by docket at https://www.regulations.gov by the FAA proposes to amend 14 CFR part paragraph (g)(2) or (3) of this AD, any crack searching for and locating it in Docket No. 39 as follows: is detected, replace propeller hub HO–V 72 FAA–2021–0546. ( ) ( )–( )–( ) with a part eligible for installation. (3) For service information identified in PART 39—AIRWORTHINESS (5) During each overhaul of propeller hub this AD, contact Hoffmann GmbH & Co. KG, HO–V 72 ( ) ( )–( )–( ) after the effective date DIRECTIVES Ku¨ pferlingstrasse 9, 83022, Rosenheim, of this AD, perform an NDT inspection using Germany; phone: +49 0 8031 1878 0; email: ■ paragraph 2.3 of the SB. 1. The authority citation for part 39 [email protected]; website: https:// continues to read as follows: (h) Definition hoffmann-prop.com. You may view this Authority: 49 U.S.C. 106(g), 40113, 44701. For the purpose of this AD, a ‘‘part eligible referenced service information at the FAA, for installation’’ is a propeller hub HO–V 72 Airworthiness Products Section, Operational § 39.13 [Amended] ( ) ( )–( )–( ) with zero hours time since new or Safety Branch, 1200 District Avenue, ■ 2. The FAA amends § 39.13 by: a propeller hub HO–V 72 ( ) ( )–( )–( ) that has Burlington, MA 01803. For information on passed an NDT inspection using paragraph the availability of this material at the FAA, ■ a. Removing Airworthiness Directive 2.3 of the SB. AD 2020–25–05, Amendment 39–21347 call (781) 238–7759. (i) Non-Required Actions (85 FR 78702, December 7, 2020); and Issued on June 29, 2021. (1) Sending the propeller to Hoffmann for ■ b. Adding the following new Lance T. Gant, investigation, as contained in paragraph 2.1 airworthiness directive: of the SB, is not required by this AD. Director, Compliance & Airworthiness Hoffmann GmbH & Co. KG: Docket No. (2) Reporting propeller hubs with cracks to Division, Aircraft Certification Service. FAA–2021–0546; Project Identifier Hoffmann, as contained in paragraph 2.3 of [FR Doc. 2021–14271 Filed 7–2–21; 8:45 am] MCAI–2021–00387–P. the SB, is not required by this AD. BILLING CODE 4910–13–P (a) Comments Due Date (j) Credit for Previous Actions The FAA must receive comments on this You may take credit for the initial visual airworthiness directive (AD) by August 20, inspection and NDT inspection of the 2021. propeller hub required by paragraphs (g)(2),
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DEPARTMENT OF TRANSPORTATION Eastern Service Center, Federal Aviation comment closing date. A report Administration, 1701 Columbia Avenue, summarizing each substantive public Federal Aviation Administration College Park, GA 30337; Telephone: contact with FAA personnel concerned (404) 305–5966. with this rulemaking will be filed in the 14 CFR Part 71 SUPPLEMENTARY INFORMATION: docket. [Docket No. FAA–2021–0529; Airspace Authority for This Rulemaking Availability of NPRMs Docket No. 21–ASO–18] The FAA’s authority to issue rules An electronic copy of this document RIN 2120–AA66 regarding aviation safety is found in may be downloaded through the Title 49 of the United States Code. internet at https://www.regulations.gov. Proposed Amendment of Class E Subtitle I, Section 106, describes the Airspace; Monroe, NC Recently published rulemaking authority of the FAA Administrator. documents can also be accessed through AGENCY: Federal Aviation Subtitle VII, Aviation Programs, the FAA’s web page at https:// Administration (FAA), DOT. describes in more detail the scope of the www.faa.gov/air_traffic/publications/ ACTION: Notice of proposed rulemaking agency’s authority. This rulemaking is airspace_amendments/. (NPRM). promulgated under the authority You may review the public docket described in Subtitle VII, Part A, containing the proposal, any comments SUMMARY: This action proposes to Subpart I, Section 40103. Under that received and any final disposition in amend Class E airspace extending section, the FAA is charged with person in the Dockets Office (see the upward from 700 feet above the surface prescribing regulations to assign the use ADDRESSES section for address and for Charlotte-Monroe Executive Airport, of airspace necessary to ensure the telephone number) between 9:00 a.m. Monroe, NC. The FAA is proposing this safety of aircraft and the efficient use of and 5:00 p.m., Monday through Friday, action as a result of the Charlotte Class airspace. This regulation is within the except federal holidays. An informal B Biennial Review. This action would scope of that authority, as it would docket may also be examined between also update the airports name to amend Class E airspace in Monroe, NC, 8:00 a.m. and 4:30 p.m., Monday Charlotte-Monroe Executive Airport, to support IFR operations in the area. through Friday, except federal holidays, (formerly Monroe Airport). In addition, Comments Invited at the office of the Eastern Service this action would also update the Interested persons are invited to Center, Federal Aviation geographic coordinates of the airport to Administration, Room 350, 1701 coincide with the FAA’s database. comment on this proposed rulemaking by submitting such written data, views, Columbia Avenue, College Park, GA Controlled airspace is necessary for the 30337. safety and management of instrument or arguments as they may desire. flight rules (IFR) operations in the area. Comments that provide the factual basis Availability and Summary of supporting the views and suggestions DATES: Comments must be received on Documents for Incorporation by presented are particularly helpful in or before August 20, 2021. Reference developing reasoned regulatory ADDRESSES: Send comments on this decisions on the proposal. Comments This document proposes to amend proposal to: The U.S. Department of are specifically invited on the overall FAA Order 7400.11E, Airspace Transportation, Docket Operations, 1200 regulatory, aeronautical, economic, Designations and Reporting Points, New Jersey Avenue SE, West Building environmental, and energy-related dated July 21, 2020, and effective Ground Floor, Room W12–140, aspects of the proposal. September 15, 2020. FAA Order Washington, DC 20590–0001; Communications should identify both 7400.11E is publicly available as listed Telephone: (800) 647–5527, or (202) docket numbers (Docket No. FAA– in the ADDRESSES section of this 366–9826. You must identify the Docket 2021–0529 and Airspace Docket No. 21– document. FAA Order 7400.11E lists No. FAA–2021–0529; Airspace Docket ASO–18) and be submitted in triplicate Class A, B, C, D, and E airspace areas, No. 21–ASO–18, at the beginning of to DOT Docket Operations (see air traffic service routes, and reporting your comments. You may also submit ADDRESSES section for the address and points. comments through the internet at telephone number). You may also The Proposal https://www.regulations.gov. submit comments through the internet FAA Order 7400.11E Airspace at https://www.regulations.gov. The FAA proposes an amendment to Designations and Reporting Points, and Persons wishing the FAA to 14 CFR part 71 to establish Class E subsequent amendments, can be viewed acknowledge receipt of their comments airspace extending upward from 700 _ online at https://www.faa.gov/air on this action must submit with those feet above the surface at Charlotte- traffic/publications/. For further comments a self-addressed stamped Monroe Executive Airport, Monroe, NC, information, you can contact the postcard on which the following by increasing the radius to 9.0 miles, Airspace Policy Group, Federal Aviation statement is made: ‘‘Comments to FAA (formerly 6.3 miles). In addition, this Administration, 800 Independence Docket No. FAA–2021–0529; Airspace action would update the airport name to Avenue SW, Washington, DC, 20591; Docket No. 21–ASO–18.’’ The postcard Charlotte-Monroe Executive Airport Telephone: (202) 267–8783. The Order will be date/time stamped and returned (formerly Monroe Airport) and update is also available for inspection at the to the commenter. the geographical coordinates to coincide National Archives and Records All communications received before with the FAA’s database. Administration (NARA). For the specified closing date for comments Class E airspace designations are information on the availability of FAA will be considered before taking action published in Paragraph 6005 of FAA Order 7400.11E at NARA, email on the proposed rule. The proposal Order 7400.11E, dated July 21, 2020, [email protected] or go to https:// contained in this document may be and effective September 15, 2020, which www.archives.gov/federal-register/cfr/ changed in light of the comments is incorporated by reference in 14 CFR ibr-locations.html. received. All comments submitted will 71.1. The Class E airspace designations FOR FURTHER INFORMATION CONTACT: John be available for examination in the listed in this document will be Goodson, Operations Support Group, public docket both before and after the published subsequently in the Order.
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FAA Order 7400.11, Airspace Paragraph 6005 Class E Airspace Areas You may review the public docket Designations and Reporting Points, is Extending Upward From 700 Feet or More containing the proposal, any comments published yearly and effective on Above the Surface of the Earth. received, and any final disposition in September 15. * * * * * person in the Dockets Office between ASO NC E5 Monroe, NC [Amended] 9:00 a.m. and 5:00 p.m., Monday Regulatory Notices and Analyses through Friday, except federal holidays. Charlotte-Monroe Executive Airport, NC The FAA has determined that this (Lat. 35°01′03″ N, long. 80°37′19″ W) FAA Order 7400.11E, Airspace Designations and Reporting Points, and proposed regulation only involves an That airspace extending upward from 700 subsequent amendments can be viewed established body of technical feet above the surface within a 9.0-mile _ regulations for which frequent and radius of Charlotte-Monroe Executive online at https://www.faa.gov/air routine amendments are necessary to Airport. traffic/publications/. For further keep them operationally current. It, Issued in College Park, Georgia, on June 30, information, you can contact the therefore: (1) Is not a ‘‘significant 2021. Airspace Policy Group, Federal Aviation regulatory action’’ under Executive Matthew N. Cathcart, Administration, 800 Independence Avenue SW, Washington, DC 20591; Order 12866; (2) is not a ‘‘significant Acting Manager, Operations Support Group, telephone: (202) 267–8783. The Order is rule’’ under DOT Regulatory Policies Eastern Service Center, Air Traffic also available for inspection at the and Procedures (44 FR 11034; February Organization. National Archives and Records 26, 1979); and (3) does not warrant [FR Doc. 2021–14320 Filed 7–2–21; 8:45 am] Administration (NARA). For preparation of a Regulatory Evaluation BILLING CODE 4910–13–P information on the availability of FAA as the anticipated impact is so minimal. Order 7400.11E at NARA, email: Since this is a routine matter that will [email protected] or go to https:// only affect air traffic procedures and air DEPARTMENT OF TRANSPORTATION www.archives.gov/federal-register/cfr/ navigation, it is certified that this Federal Aviation Administration ibr-locations.html. proposed rule, when promulgated, will not have a significant economic impact FOR FURTHER INFORMATION CONTACT: 14 CFR Part 71 on a substantial number of small entities Jeffrey Claypool, Federal Aviation under the criteria of the Regulatory [Docket No. FAA–2021–0471; Airspace Administration, Operations Support Flexibility Act. Docket No. 21–AGL–25] Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX Environmental Review RIN 2120–AA66 76177; telephone (817) 222–5711. SUPPLEMENTARY INFORMATION: This proposal will be subject to an Proposed Revocation of Class E environmental analysis in accordance Airspace and Amendment of Class E Authority for This Rulemaking Airspace; Peebles and West Union, OH with FAA Order 1050.1F, The FAA’s authority to issue rules ‘‘Environmental Impacts: Policies and AGENCY: Federal Aviation regarding aviation safety is found in Procedures’’, prior to any FAA final Administration (FAA), DOT. Title 49 of the United States Code. regulatory action. ACTION: Notice of proposed rulemaking Subtitle I, Section 106 describes the Lists of Subjects in 14 CFR Part 71 (NPRM). authority of the FAA Administrator. Subtitle VII, Aviation Programs, Airspace, Incorporation by reference, SUMMARY: This action proposes to describes in more detail the scope of the Navigation (air). revoke the Class E extending upward agency’s authority. This rulemaking is from 700 feet above the surface at promulgated under the authority The Proposed Amendment Peebles, OH; and amend the Class E described in Subtitle VII, Part A, airspace extending upward from 700 Subpart I, Section 40103. Under that In consideration of the foregoing, the feet above the surface at Alexander Federal Aviation Administration section, the FAA is charged with Salamon Airport, West Union, OH. The prescribing regulations to assign the use proposes to amend 14 CFR part 71 as FAA is proposing this action as the follows: of airspace necessary to ensure the result of airspace reviews caused by the safety of aircraft and the efficient use of PART 71—DESIGNATION OF CLASS A, decommissioning of the West Union airspace. This regulation is within the B, C, D, AND E AIRSPACE AREAS; AIR non-federal non-directional beacon scope of that authority as it would (NDB). The geographic coordinates of TRAFFIC SERVICE ROUTES; AND revoke the Class E extending upward the Alexander Salamon Airport would REPORTING POINTS from 700 feet above the surface at also be updated to coincide with the Peebles, OH; and amend the Class E FAA’s aeronautical database. ■ 1. The authority citation for part 71 airspace extending upward from 700 DATES: Comments must be received on continues to read as follows: feet above the surface at Alexander or before August 20, 2021. Salamon Airport, West Union, OH, to Authority: 49 U.S.C. 106(f), 106(g); 40103, ADDRESSES: Send comments on this support instrument flight rule 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, proposal to the U.S. Department of operations at this airport. 1959–1963 Comp., p. 389. Transportation, Docket Operations, Comments Invited § 71.1 [Amended] West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Interested parties are invited to ■ 2. The incorporation by reference in Washington, DC 20590; telephone (202) participate in this proposed rulemaking 14 CFR 71.1 of Federal Aviation 366–9826, or (800) 647–5527. You must by submitting such written data, views, Administration Order 7400.11E, identify FAA Docket No. FAA–2021– or arguments, as they may desire. Airspace Designations and Reporting 0471/Airspace Docket No. 21–AGL–25 Comments that provide the factual basis Points, dated July 21, 2020, and at the beginning of your comments. You supporting the views and suggestions effective September 15, 2020, is may also submit comments through the presented are particularly helpful in amended as follows: internet at https://www.regulations.gov. developing reasoned regulatory
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decisions on the proposal. Comments The Proposal Procedures’’ prior to any FAA final are specifically invited on the overall The FAA is proposing an amendment regulatory action. regulatory, aeronautical, economic, to 14 CFR part 71 by: List of Subjects in 14 CFR Part 71 environmental, and energy-related Revoking the Class E airspace aspects of the proposal. extending upward from 700 feet above Airspace, Incorporation by reference, Communications should identify both the surface at Peebles, OH; Navigation (air). docket numbers and be submitted in And amending the Class E airspace triplicate to the address listed above. extending upward from 700 feet above The Proposed Amendment Commenters wishing the FAA to the surface to within a 6.4-mile acknowledge receipt of their comments Accordingly, pursuant to the (decreased from a 7.7-mile) radius of authority delegated to me, the Federal on this notice must submit with those Alexander Salamon Airport, West comments a self-addressed, stamped Aviation Administration proposes to Union, OH; removing the name amend 14 CFR part 71 as follows: postcard on which the following associated with the airport to comply statement is made: ‘‘Comments to with changes to FAA Order 7400.2M, Docket No. FAA–2021–0471/Airspace PART 71—DESIGNATION OF CLASS A, Procedures for Handling Airspace B, C, D, AND E AIRSPACE AREAS; AIR Docket No. 21–AGL–25.’’ The postcard Matters; and updating the geographic will be date/time stamped and returned TRAFFIC SERVICE ROUTES; AND coordinates of the airport to coincide REPORTING POINTS to the commenter. with the FAA’s aeronautical database. All communications received before This action is due to airspace reviews ■ 1. The authority citation for 14 CFR the specified closing date for comments caused by the decommissioning of the will be considered before taking action West Union non-federal NDB and the part 71 continues to read as follows: on the proposed rule. The proposal closure of the airport and cancellation of Authority: 49 U.S.C. 106(f), 106(g); 40103, contained in this notice may be changed the instrument procedures at Peebles, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, in light of the comments received. A OH. 1959–1963 Comp., p. 389. report summarizing each substantive Class E airspace designations are public contact with FAA personnel published in paragraph 6005 of FAA § 71.1 [Amended] concerned with this rulemaking will be Order 7400.11E, dated July 21, 2020, ■ 2. The incorporation by reference in filed in the docket. and effective September 15, 2020, which 14 CFR 71.1 of FAA Order 7400.11E, Availability of NPRMs is incorporated by reference in 14 CFR Airspace Designations and Reporting 71.1. The Class E airspace designation Points, dated July 21, 2020, and An electronic copy of this document listed in this document will be may be downloaded through the effective September 15, 2020, is published subsequently in the Order. amended as follows: internet at https://www.regulations.gov. FAA Order 7400.11, Airspace Recently published rulemaking Designations and Reporting Points, is Paragraph 6005 Class E Airspace Areas documents can also be accessed through published yearly and effective on Extending Upward From 700 Feet or More the FAA’s web page at https:// September 15. Above the Surface of the Earth. _ www.faa.gov/air traffic/publications/ * * * * * airspace_amendments/. Regulatory Notices and Analyses AGL OH E5 Peebles, OH [Removed] You may review the public docket The FAA has determined that this containing the proposal, any comments regulation only involves an established * * * * * received, and any final disposition in body of technical regulations for which AGL OH E5 West Union, OH [Amended] person in the Dockets Office (see the frequent and routine amendments are ADDRESSES section for the address and Alexander Salamon Airport, OH necessary to keep them operationally ° ′ ″ ° ′ ″ phone number) between 9:00 a.m. and current, is non-controversial and (Lat. 38 51 06 N, long. 83 33 58 W) 5:00 p.m., Monday through Friday, unlikely to result in adverse or negative That airspace extending upward from 700 except federal holidays. An informal comments. It, therefore: (1) Is not a feet above the surface within a 6.4-mile docket may also be examined during ‘‘significant regulatory action’’ under radius of the Alexander Salamon Airport. normal business hours at the Federal Executive Order 12866; (2) is not a Issued in Fort Worth, Texas, on June 29, Aviation Administration, Air Traffic ‘‘significant rule’’ under DOT 2021. Organization, Central Service Center, Regulatory Policies and Procedures (44 Martin A. Skinner, Operations Support Group, 10101 FR 11034; February 26, 1979); and (3) Hillwood Parkway, Fort Worth, TX does not warrant preparation of a Acting Manager, Operations Support Group, 76177. regulatory evaluation as the anticipated ATO Central Service Center. [FR Doc. 2021–14199 Filed 7–2–21; 8:45 am] Availability and Summary of impact is so minimal. BILLING CODE 4910–13–P Documents for Incorporation by Since this is a routine matter that will Reference only affect air traffic procedures and air navigation, it is certified that this rule, This document proposes to amend when promulgated, would not have a FAA Order 7400.11E, Airspace significant economic impact on a Designations and Reporting Points, substantial number of small entities dated July 21, 2020, and effective under the criteria of the Regulatory September 15, 2020. FAA Order Flexibility Act. 7400.11E is publicly available as listed in the ADDRESSES section of this Environmental Review document. FAA Order 7400.11E lists This proposal will be subject to an Class A, B, C, D, and E airspace areas, environmental analysis in accordance air traffic service routes, and reporting with FAA Order 1050.1F, points. ‘‘Environmental Impacts: Policies and
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DEPARTMENT OF HOMELAND 2021–00X25 by one of the following country of origin of merchandise SECURITY methods: determines the rate of duty, • Federal eRulemaking Portal at admissibility, quota, eligibility for U.S. Customs and Border Protection http://www.regulations.gov. Follow the procurement by government agencies, instructions for submitting comments. and marking requirements. There are DEPARTMENT OF THE TREASURY • Mail: Due to COVID–19-related various rules of origin for goods restrictions, CBP has temporarily imported into the customs territory of 19 CFR Parts 102 and 177 suspended its ability to receive public the United States, generally referred to comments by mail. as ‘‘preferential’’ and ‘‘non-preferential’’ [USCBP–2021–0025] Instructions: All submissions received rules of origin. ‘‘Preferential’’ rules are must include the agency name and those that apply to merchandise to RIN 1515–AE63 docket number for this rulemaking. All determine eligibility for special Non-Preferential Origin Determinations comments received will be posted treatment, including reduced or zero for Merchandise Imported From without change to http:// tariff rates, under various trade Canada or Mexico for Implementation www.regulations.gov, including any agreements or duty preference of the Agreement Between the United personal information provided. For legislation, e.g., Generalized System of States of America, the United Mexican detailed instructions on submitting Preferences. ‘‘Non-preferential’’ rules States, and Canada (USMCA) comments and additional information are those that generally apply for all on the rulemaking process, see the other purposes.1 CBP uses the AGENCY: U.S. Customs and Border ‘‘Public Participation’’ heading of the substantial transformation standard to Protection, Department of Homeland SUPPLEMENTARY INFORMATION section of determine the country of origin of goods Security; Department of the Treasury. this document. for non-preferential purposes. For a ACTION: Notice of proposed rulemaking; Docket: For access to the docket to substantial transformation to occur, ‘‘a request for comments. read background documents or new and different article must emerge, comments received, go to http:// ‘having a distinctive name, character or SUMMARY: This document proposes to www.regulations.gov. Due to the use.’’’ Anheuser-Busch Brewing Ass’n v. amend the U.S. Customs and Border relevant COVID–19-related restrictions, United States, 207 U.S. 556, 562 (1908) Protection (CBP) regulations regarding CBP has temporarily suspended on-site (quoting Hartranft v. Wiegmann, 121 non-preferential origin determinations public inspection of the public U.S. 609, 615 (1887)). for merchandise imported from Canada comments. CBP applies two different methods for or Mexico. Specifically, this document determining if merchandise has been FOR FURTHER INFORMATION CONTACT: proposes that CBP will apply certain substantially transformed. One method Operational Aspects: Queena Fan, tariff-based rules of origin in the CBP involves case-by-case adjudication, Director, USMCA Center, Office of regulations for all non-preferential relying primarily on tests articulated in Trade, U.S. Customs and Border determinations made by CBP, judicial precedent and past Protection, (202) 738–8946 or usmca@ specifically, to determine when a good administrative rulings. The other cbp.dhs.gov. imported from Canada or Mexico has method consists of codified rules in part Legal Aspects: Craig T. Clark, been substantially transformed resulting 102 of title 19 of the Code of Federal Director, Commercial and Trade in an article with a new name, Regulations (19 CFR part 102) (referred Facilitation Division, Regulations and character, or use. For consistency, this to as the part 102 rules), which are Rulings, Office of Trade, U.S. Customs document also proposes to modify the primarily expressed through specified and Border Protection, (202) 325–0276 CBP regulations for certain country of differences in the Harmonized Tariff or [email protected]. origin determinations for government Schedule of the United States (HTSUS) procurement. Collectively, the proposed SUPPLEMENTARY INFORMATION: classification of the good and its materials. This method is often referred amendments in this notice of proposed I. Public Participation rulemaking (NPRM) are intended to to as the ‘‘change in tariff classification’’ Interested persons are invited to reduce administrative burdens and participate in this rulemaking by 1 inconsistency for non-preferential origin The term ‘‘non-preferential purposes’’ generally submitting written data, views, or refers to purposes set forth in laws, regulations, and determinations for merchandise arguments on all aspects of this notice administrative determinations of general imported from Canada or Mexico for application applied to determine the country of of proposed rulemaking (NPRM). U.S. purposes of the implementation of the origin of goods not related to the granting of tariff Customs and Border Protection (CBP) Agreement Between the United States of preferences pursuant to a trade agreement or a trade also invites comments that relate to the preference program such as the Generalized System America, the United Mexican States, economic, environmental, or federalism of Preferences. Non-preferential purposes include and Canada (USMCA). Elsewhere in this antidumping and countervailing duties; safeguard effects that might result from this issue of the Federal Register, CBP is measures; origin marking requirements; and any proposed rule. Comments that will publishing an interim final rule to discriminatory quantitative restrictions or tariff provide the most assistance to CBP will quotas. They also include rules of origin used for amend various regulations to implement reference a specific portion of the trade statistics and for determining eligibility for the USMCA for preferential tariff government procurement. See, e.g., Art. I, Uruguay NPRM, explain the reason for any treatment claims. The interim final rule Round Agreement on Rules of Origin. They do not recommended change, and include data, amends the CBP regulations, inter alia, include the rules of origin used to determine information or authority that support eligibility for preferential tariff treatment under to apply certain tariff-based rules of such recommended change. trade agreements unless otherwise explicitly origin for determining the country of specified in those agreements. Notwithstanding the origin for the marking of goods imported II. Background above, under Title VII of the Tariff Act of 1930, as from Canada or Mexico. amended, merchandise within the scope of the The country of origin of merchandise Department of Commerce’s antidumping and/or DATES: Comments must be received by imported into the customs territory of countervailing duty proceedings may be associated August 5, 2021. with a country of origin (for purposes of the scope the United States (the fifty states, the of antidumping/countervailing duties) that is ADDRESSES: You may submit comments, District of Columbia, and Puerto Rico) is different from the country of origin determined by identified by docket number USCBP– important for several reasons. The CBP for other purposes.
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or ‘‘tariff shift’’ method. Both the case- the Federal Register (CBP Dec. 20–11) States-Bahrain Free Trade Agreement by-case and tariff shift methods are amending 19 CFR part 181 and adding regulations. intended to produce the same a new part 182 of title 19 of the CFR (19 Unlike the NAFTA, the USMCA does determinations as to origin because both CFR part 182) containing several not refer to a marking requirement, apply the same substantial USMCA provisions, including the except with regard to certain transformation standard. Uniform Regulations regarding rules of agricultural goods. For certain CBP first promulgated the part 102 origin (appendix A to part 182). See 85 agricultural goods, the USMCA does rules in 1994 to fulfill the commitment FR 39690 (July 1, 2020). contain a requirement that a good must of the United States under Annex 311 of In another IFR published elsewhere in first qualify to be marked as a good of the North American Free Trade this issue of the Federal Register Canada or Mexico in order to receive Agreement (NAFTA), which required (‘‘Agreement Between the United States preferential tariff treatment under the the parties to establish rules for of America, the United Mexican States, USMCA. For most goods, only the determining whether a good is a good of and Canada (USMCA) Implementing general Uniform Regulations regarding a NAFTA party (i.e., the United States, Regulations Related to the Marking rules of origin set forth in Appendix A Mexico, or Canada). In contrast to the Rules, Tariff-rate Quotas, and Other of part 182 of title 19 (19 CFR part 182) case-by-case method, the part 102 rules USMCA Provisions’’ (RIN 1515–AE56)), and the product-specific rules of origin were intended to provide for more CBP is amending the CBP regulations to contained in General Note 11, HTSUS, certainty, transparency, and consistency include additional USMCA are needed to determine whether a good in application of origin decisions. They implementing regulations in 19 CFR is an originating good under the codify, rather than constitute an part 182 and to amend other portions of USMCA and therefore is eligible to alternative to, the substantial title 19 of the CFR. The IFR includes receive preferential tariff treatment. transformation standard and are amendments to parts 102 and 134 of The Secretary of the Treasury has intended to implement the standard title 19 of the CFR (19 CFR parts 102 general rulemaking authority, pursuant consistently.2 and 134) to apply the rules of origin set to 19 U.S.C. 1304 and 1624, to make forth in 19 CFR part 102 for determining such regulations as may be necessary to Country of Origin Marking the country of origin for the marking of carry out the provisions of section Requirements for Imported Merchandise goods imported from Canada or Mexico. 304(a) of the Tariff Act of 1930, as From Canada or Mexico Pursuant to the Those amendments facilitate the amended, related to the country of Agreement Between the United States of transition from the NAFTA to the origin requirements for imported America, the United Mexican States, USMCA by maintaining the status quo articles of foreign origin. The and Canada (USMCA) 3 for country of origin for marking Department of the Treasury and CBP On November 30, 2018, the ‘‘Protocol determinations. have concluded that extending Replacing the North American Free Non-Preferential Origin Determinations application of the well-established part Trade Agreement with the Agreement for Merchandise Imported From Canada 102 rules to goods imported from the Between the United States of America, or Mexico USMCA countries of Canada and the United Mexican States, and Canada’’ Mexico will provide continuity for the (the Protocol) was signed to replace the Although the NAFTA Implementation importing community because those NAFTA. Section 601 of the United Act was repealed by the USMCA Act as rules have been applied to all imports States-Mexico-Canada Agreement of July 1, 2020, the part 102 rules from these countries since 1994.4 The Implementation Act (USMCA Act), remain in 19 CFR part 102 and are importing community has made Public Law 116–113, 134 Stat. 11 (19 applicable for country of origin marking extensive efforts to comply with the part U.S.C. Chapter 29), repealed the North determinations for goods imported from 102 rules and CBP has significant American Free Trade Agreement Canada or Mexico under the USMCA experience in applying those rules to Implementation Act (NAFTA (pursuant to the IFR, being concurrently imported merchandise from Canada and published, as explained above). The part Implementation Act), Public Law 103– Mexico. The part 102 rules, as codified, 102 rules, specifically §§ 102.21 through 182, 107 Stat. 2057 (19 U.S.C. 3301 et are a reliable, simplified, and 102.25, are also to be used by CBP to seq.), as of the date that the USMCA standardized method for CBP when determine the country of origin of entered into force, July 1, 2020. The determining the country of origin for textile and apparel products (imported NAFTA provisions set forth in part 181 customs purposes. of title 19 of the CFR (19 CFR part 181) from all countries except from Israel When promulgating the part 102 rules and in General Note 12, Harmonized (see 19 CFR 102.22)), including the in 1994, the U.S. Customs Service (now Tariff Schedule of the United States administration of quantitative CBP) explained: restrictions, if applicable. (HTSUS), continue to apply to goods . . . the long history of the substantial entered for consumption, or withdrawn After the part 102 rules were promulgated in 1994, the rules were transformation rule, [and] its administration from warehouse for consumption, prior has not been without problems. These to July 1, 2020. On July 1, 2020, CBP subsequently amended to also include problems devolve from the fact that published an interim final rule (IFR) in references to specific U.S. trade application of the substantial transformation agreements that incorporated those rules rule is on a case-by-case basis and often 2 See ‘‘Rules for Determining the Country of as part of the determination for trade involves subjective judgments as to what Origin of a Good for Purposes of Annex 311 of the preference eligibility, i.e., for preference North American Free Trade Agreement; Rules of purposes. For example, as indicated in 4 This rule does not apply for purposes of Origin Applicable to Imported Merchandise,’’ 60 FR the scope provision for part 102, the determining whether merchandise is subject to the 22312, 22314 (May 5, 1995), citing, in part, ‘‘Rules scope of antidumping and countervailing duty of Origin Applicable to Imported Merchandise,’’ 59 rules set forth in §§ 102.1 through proceedings under Title VII of the Tariff Act of FR 141 (Jan. 3, 1994). 102.21 also apply for purposes of 1930, as amended, as such determinations fall 3 The Agreement Between the United States of determining whether an imported good under the authority of the Department of America, the United Mexican States, and Canada is is a new or different article of commerce Commerce. Specifically, notwithstanding a CBP the official name of the USMCA treaty. Please be country of origin determination, that merchandise aware that, in other contexts, the same document under § 10.769 of the United States- may be subject to the scope of antidumping and/ is also referred to as the United States-Mexico- Morocco Free Trade Agreement or countervailing duty proceedings associated with Canada Agreement. regulations and § 10.809 of the United a different country.
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constitutes a new and different article or as This means that importers of goods from ‘‘Buy American’’ restrictions in U.S. law to whether processing has resulted in a new Canada and Mexico are subject to two and practice for products from eligible name, character, and use. As a result, different non-preferential origin countries. As noted in 19 CFR 177.21, application of the substantial transformation determinations for imported the subpart is intended to be applied rule has remained essentially non-systematic in that a judicial or administrative merchandise: One for marking; and, consistent with the Federal Acquisition determination in one case more often than another for determining origin for other Regulation (48 CFR chapter 1) and the not has little or no bearing on another case purposes. Consequently, these importers Defense Acquisition Regulations System involving a different factual pattern. Thus, must also potentially comply with (48 CFR chapter 2). It is also noted that while judicial and administrative decisions requirements to declare two different Chapter 13 of the USMCA provides that involving the substantial transformation rule countries of origin for the same the United States will apply the same may have some value as restatements or imported good (e.g., Canada and China). rules of origin to Mexican imports for refinements of the basic rule, they are often This burdens importers with government procurement as it does for of little assistance in resolving individual cases involving the myriad of issues or tests unnecessary additional requirements, other trade. The United States has the that have arisen, such as the distinction creates inconsistency, and reduces same obligation to Canada under Article between producer’s goods and consumer’s transparency. IV:5 of the WTO Agreement on goods, the significance of further To address these burdens, CBP is Government Procurement. While the manufacturing or finishing operations, and proposing to amend the scope section of substantial transformation standard the issue of dedication to use. The very fact part 102 of title 19 of the CFR so that already applies by statute (19 U.S.C. that the substantial transformation rule has the substantial transformation standard 2518(4)(B)), CBP’s proposed application been the subject of a large number of judicial will be applied consistently across all of the part 102 rules to make these and administrative determinations is testament to the basic problem: The case-by- non-preferential origin determinations substantial transformation case approach, involving application of the that CBP makes for merchandise determinations would ensure the rule based on specific sets of facts, has led imported from Canada and Mexico. This consistency of CBP determinations for to varied case-specific interpretations of the purpose is accomplished by adding new goods imported from Mexico and basic rule, resulting in a lack of predictability language to the scope provision of the Canada. The proposed regulatory which in turn has engendered a significant part 102 rules. The proposed regulatory change will specifically provide that, degree of uncertainty both within Customs change will obviate the need for when making country of origin and in the trade community as regards the importers of merchandise from Canada determinations for purposes of subpart effect that a particular type of processing should have on an origin determination. and Mexico wishing to comply with the B of part 177, the part 102 rules will be various laws that require CBP origin applied by CBP to determine whether ‘‘Rules for Determining the Country of determinations from having to request goods imported into the United States Origin of a Good for Purposes of Annex multiple non-preferential country of from Canada or Mexico previously 311 of the North American Free Trade origin determinations from CBP for a underwent a substantial transformation Agreement,’’ 59 FR 110, 141 (January 3, particular good. The proposed in Canada or Mexico. The proposed 1994). regulatory change also means that CBP regulatory change would not affect the Importers of goods from Canada and will no longer need to issue rulings with origin determinations other agencies Mexico are well-versed in the part 102 multiple non-preferential origin make related to procurement. rules, and the greater specificity and determinations goods imported from transparency those rules provide will Canada or Mexico, and there will no III. Discussion of Proposed facilitate the determination of eligibility longer be rulings that conclude that a Amendments for USMCA tariff preferences for certain good imported from Canada or Mexico Pursuant to 19 U.S.C. 4535(a), the agricultural goods, as noted above. has two different origins under the Secretary of the Treasury has the Accordingly, to make the transition USMCA (i.e., one for marking and one authority to prescribe such regulations from the NAFTA to the USMCA as for other, customs non-preferential as may be necessary to implement the smooth as possible for the importing purposes). CBP’s application of the part USMCA. Section 103(b)(1) of the community, CBP is amending 19 CFR 102 rules would not, however, affect USMCA Act (19 U.S.C. 4513(b)(1)) parts 102 and 134, in the IFR similar determinations made by other requires that initial regulations concurrently published today, to agencies, such as the Department of necessary or appropriate to carry out the continue application of the part 102 Commerce’s scope determinations in actions required by or authorized under rules to determine the country of origin antidumping or countervailing duty the USMCA Act or proposed in the for marking purposes of a good proceedings (see 19 CFR 351.225), Statement of Administrative Action imported from Canada or Mexico. determinations by the Agricultural approved under 19 U.S.C. 4511(a)(2) to CBP has not previously applied the Marketing Service under the Country of implement the USMCA shall, to the part 102 rules for non-preferential origin Origin Labeling (‘‘COOL’’) law (see 7 maximum extent feasible, be prescribed determinations involving goods CFR part 65), or origin determinations within one year after the date on which imported from Canada and Mexico other made by other agencies for purposes of the USMCA enters into force. The than for textile products and for government procurement under the Secretary also has general rulemaking purposes of determining country of Federal Acquisition Regulation (see 48 authority, pursuant to 19 U.S.C. 1304 origin marking. CBP has, instead, used CFR chapter 1). and 1624, to make such regulations as case-by-case adjudication for other non- CBP is also proposing to make may be necessary to carry out the preferential origin determinations. CBP corresponding edits to part 177 of title provisions of the Tariff Act of 1930, as makes such non-preferential origin 19 of the CFR, which sets forth the amended, related to the country of determinations for purposes such as requirements for various types of origin requirements for imported admissibility, quota, procurement by administrative rulings. Specifically, articles of foreign origin. The Secretary government agencies, and application of subpart B of part 177 applies to the also has authority under 19 U.S.C. 1502 duties imposed under sections 301 to issuance of country of origin advisory to regulate the procedures for issuing 307 of the Trade Act of 1974, as rulings and final determinations relating binding rulings, and 19 U.S.C. amended (19 U.S.C. 2411–2417, to government procurement for 2515(b)(1) requires the Secretary to commonly referred to as ‘‘Section 301’’). purposes of granting waivers of certain make rulings and determinations as to
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substantial transformation under 19 be used as a factor to determine The USMCA, which recently U.S.C. 2518(4)(B). preferential trade treatment, such as superseded the NAFTA, was generally CBP is proposing to amend the scope eligibility under various trade silent as to how the country of origin provision in 19 CFR part 102 to apply agreements and special duty preference should be determined for goods the substantial transformation standard legislation, like the Generalized System imported from Canada and Mexico for consistently across country of origin of Preferences. The country of origin of marking and other non-preferential determinations CBP makes for imported imported goods is also used to purposes. However, CBP is concurrently goods from the USMCA countries of determine non-preferential trade publishing an IFR in this issue of the Canada and Mexico for non-preferential treatment, such as admissibility, Federal Register that, among other 5 purposes. Specifically, CBP proposes to marking, and trade relief.7 Importers things, continues to apply the existing amend section 102.0 to extend the scope must exercise reasonable care in part 102 rules for determining the of part 102 to state that the rules set determining the country of origin of country of origin for marking of goods forth in §§ 102.1 through 102.18 and their goods and often make this imported from Canada or Mexico. In 102.20 are intended to apply to CBP’s determination on their own. However, this proposed rule, CBP proposes to country of origin determinations for some importers may seek advice from expand the scope of the part 102 rules non-preferential purposes for goods CBP to determine the country of origin to provide that those rules are also to be imported from Canada and Mexico. for their goods for preferential and/or generally applicable for all other (i.e., CBP is also proposing to amend non-preferential purposes. subpart B of 19 CFR part 177 to add a CBP applies two methods for other than marking) non-preferential cross-reference to clarify that, for determining the country of origin of origin determinations made by CBP for ‘‘country of origin’’ in § 177.22(a), the imports for non-preferential purposes, goods imported from the USMCA determination pursuant to 19 U.S.C. as stated above. One method involves countries of Canada and Mexico. CBP’s 2515(b)(1) as to whether an article has case-by-case adjudication to determine application of the part 102 rules would been substantially transformed into a whether the goods have been not, however, affect similar new and different article of commerce substantially transformed in a particular determinations made by other agencies, with a name, character, or use distinct country, relying primarily on judicial such as the Department of Commerce’s from that of the article or articles from precedent and past administrative scope determinations in antidumping or which it was so transformed, for rulings. The other method consists of countervailing duty proceedings (see 19 purposes of granting waivers of certain codified rules in part 102 of title 19 of CFR 351.225). ‘‘Buy American’’ restrictions, must be the Code of Federal Regulations (19 CFR With this regulatory change, all non- made using the rules set forth in part 102) (referred to as the part 102 preferential country of origin §§ 102.1 through 102.18 and 102.20 of rules), which are also used to determine determinations by CBP for goods title 19 of the CFR for goods from whether the goods have been imported from Canada or Mexico would Canada and Mexico. substantially transformed, but are be based on substantial transformation IV. Statutory and Regulatory Authority primarily expressed through specific pursuant to the tariff shift rules required changes in the Harmonized Tariff by 19 CFR part 102. This would A. Executive Orders 13563 and 12866 Schedule of the United States (HTSUS) eliminate the need for some importers of Executive Orders 13563 and 12866 classification, often referred to as a products from Canada or Mexico to ‘‘tariff shift.’’ Both the case-by-case and direct agencies to assess the costs and request two different non-preferential tariff shift methods implement the benefits of available regulatory determinations—one for country of substantial transformation standard and alternatives and, if regulation is origin marking and one for case-by-case are intended to lead to the same result. necessary, to select regulatory adjudication for other non-preferential approaches that maximize net benefits Prior to the USMCA, under the NAFTA, country of origin marking purposes—to confirm CBP’s treatment (including potential economic, of their imports and avoid potentially environmental, public health and safety determinations were made using the NAFTA marking rules codified in 19 different determinations. The effects, distributive impacts, and rulemaking would also eliminate the equity). Executive Order 13563 CFR part 102 that specify whether a need for some importers to comply with emphasizes the importance of good imported from Canada or Mexico requirements to declare two different quantifying both costs and benefits, of that is not entirely of Canadian or countries of origin for the same reducing costs, of harmonizing rules, Mexican origin has been substantially and of promoting flexibility. This transformed through processes that imported good (e.g., Canada and China). rulemaking is a ‘‘significant regulatory resulted in changes in the tariff CBP is proposing these changes to action,’’ although not an economically classification (i.e., tariff shifts) in simplify and standardize country of significant regulatory action, under Canada or Mexico. To determine the origin determinations by CBP for all section 3(f) of Executive Order 12866. country of origin of goods imported non-preferential purposes for goods Accordingly, the Office of Management from Canada or Mexico for other non- imported from Canada or Mexico. preferential purposes (i.e., purposes and Budget (OMB) has reviewed this Population Affected by Rule regulation. other than marking), CBP employed case-by-case adjudication to determine This rulemaking would directly affect Background and Purpose of Rule whether such goods were substantially certain importers of goods from Canada All merchandise of foreign origin transformed in those NAFTA countries. and Mexico and the U.S. Government imported into the United States must These different non-preferential country (particularly CBP). In fiscal year (FY) generally be marked with its country of of origin-determination methods 2019, 38,832 importers 8 made 2.6 required some importers to determine origin, and it is subject to a country of million non-NAFTA-preference entries origin determination by CBP.6 The and declare two different countries of country of origin of imported goods may origin for the same imported good (e.g., 8 Based on unique importer of record (IOR) Canada and China). numbers of importers who entered goods in FY 5 See supra footnote 4. 2019. In some cases, multiple IOR numbers 6 See 19 U.S.C. 1304 and 19 CFR part 134. 7 See supra footnote 4. correspond to the same entity.
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of goods from Canada and Mexico.9 All under the current practice have been new rule compared to historical and of these entries were subject to non- inconsistent.11 In such instances, current practice and any related effects preferential country of origin marking importers may also need to adjust their on revenue. requirements, while some of these goods business practices to ensure that they Benefits of Rule were also subject to other non- properly use the part 102 rules for all preferential country of origin non-preferential country of origin Besides costs and revenue impacts, determinations, like trade remedies, that purposes when the goods are sourced this rulemaking would introduce involve case-by-case adjudication. from Canada or Mexico under this benefits to importers and the U.S. Around the same time, in FY 2020 and proposed rule. These same importers Government. Importers must exercise the start of FY 2021, CBP issued 52 must also ensure that they use case-by- reasonable care when determining the rulings determining the origin of goods case adjudications for any goods country of origin for their goods, which imported from Canada and Mexico for sourced outside of Canada or Mexico can include researching previous case- non-preferential purposes.10 These that are subject to non-preferential by-case adjudications on substantial rulings, except for those involving the treatment. The extent of these costs on transformation. This rulemaking would importation of certain textile and importers is unknown, but likely to be enhance the consistency of country of apparel products, employed case-by- minimal. CBP requests public comments origin marking and non-preferential case adjudication to determine whether on these costs and any other costs of country of origin determinations for such goods were substantially this rule to importers. This rule would goods imported from Canada and transformed in Canada or Mexico or not introduce costs to CBP. Mexico. All determinations made by other countries. In addition to costs, applying the part CBP would be based on substantial In the future, CBP projects that 102 (tariff shift) rules of origin rather transformation through application of around 38,832 importers would than case-by-case adjudications to the part 102 rules. This change would continue to make around 2.6 million determine the origin for other non- allow importers of goods from Canada entries of goods from Canada and preferential purposes could lead to trade and Mexico to comply with just one Mexico that are subject to non- policy outcomes different from non-preferential country of origin preferential trade treatment, with or historical and current practice. If an determination made by CBP for their without this rule, each year. An importer’s goods are subject to goods rather than two. unknown share of these importers inconsistent origin determinations The overall benefit to importers of would enter goods subject to non- under the current practice, this complying with just one country of marking-related non-preferential proposed rule may lead to a change in origin determination method from CBP treatment. CBP also projects that about non-preferential payments from for their goods from Canada and Mexico 52 case-by-case non-preferential country importers to the U.S. Government, is unknown. Some importers who of origin determinations would be which would result in an equal change require CBP ruling requests to requested and issued each year in the in U.S. Government revenue. The determine the country of origin for non- absence of this rulemaking based on the number of instances where an importer preferential purposes would enjoy historical number of case-by-case would receive a different non- greater benefits from the transition to adjudications. This rulemaking would preferential country of origin just one non-preferential determination eliminate such case-by-case determination under this rulemaking method. As previously described, determination requests and the issuance compared to current practice would importers of goods from Canada and of such rulings. likely be low, especially considering Mexico must currently request two both methods apply the same country of origin rulings from CBP if Costs and Revenue Impacts of Rule substantial transformation standard and they cannot determine the country of This rulemaking may introduce are intended to reach the same results. origin for non-preferential purposes— changes in non-preferential payments The specific effects of these different one for country of origin marking and from importers to the U.S. Government. determinations on revenue are one for case-by-case adjudication for In addition, there may be minimal costs unknown. Any change in payments other non-preferential purposes. CBP for some importers, as discussed in this from importers to the U.S. Government estimates that a case-by-case section. Changing from case-by-case as a result of this rulemaking are determination request takes an importer adjudications for other non-preferential considered transfers rather than costs or at least 8 hours on average to request, benefits as they are moving money from origin purposes to part 102’s tariff shift at a time cost of $250.96 per request one part of society to another.12 CBP rules may impose some costs on according to an importer’s average requests public comments on the importers with goods from Canada and hourly time value of $31.37.13 Based on Mexico. Importers who switch from potential number of instances where a using these two determination methods good would be treated differently under 13 CBP bases this $31.37 loaded wage rate on the for non-preferential origin purposes to trade remedy laws and relief under the Bureau of Labor Statistics’ (BLS) 2020 median just the part 102 rules with this hourly wage rate for Cargo and Freight Agents 11 As an example, if an importer has an inventory ($21.04), which CBP assumes best represents the rulemaking may, for example, incur tracking system that identifies the non-marking, wage for importers, multiplied by the ratio of BLS’ some one-time, minor costs to adjust non-preferential country of origin for its goods from average 2020 total compensation to wages and their inventory tracking systems and Canada and Mexico based on existing case-by-case salaries for Office and Administrative Support Automated Commercial Environment adjudication rules, with this rule, that importer may occupations (1.4912), the assumed occupational need to revise the system to ensure that it identifies group for importers, to account for non-salary (ACE) entries to reflect the part 102- the goods based on the part 102 rules if the importer employee benefits. Source of median wage rate: based non-marking, non-preferential is importing goods subject to inconsistent origin U.S. Bureau of Labor Statistics. Occupational country of origin for their goods in those determinations under the current practice. Employment Statistics, ‘‘May 2020 National cases where origin determinations 12 As described in OMB Circular A–4, transfer Occupational Employment and Wage Estimates payments occur when ‘‘. . . monetary payments United States- Median Hourly Wage by Occupation from one group [are made] to another [group] that Code- Occupation Code 43–5011.’’ Updated March 9 These goods were not eligible for the do not affect total resources available to society.’’ 31, 2020. Available at https://www.bls.gov/oes/ generalized system of preferences. Examples of transfer payments include payments 2020/may/oes_nat.htm. Accessed June 1, 2021. The 10 Based on data from October 1, 2019, to for insurance and fees paid to a government agency total compensation to wages and salaries ratio is December 16, 2020. for services that an agency already provides. equal to the calculated average of the 2020 quarterly
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this time cost and the historical average classification determinations in place of classifications in place of case-by-case of about 52 case-by-case adjudication case-by-case adjudications, the benefits adjudications, the benefits of this requests for non-preferential country of of this rulemaking to importers would rulemaking to CBP would be lower. origin determinations for goods be lower. CBP requests public Net Impact of Rule imported from Canada and Mexico, CBP comments on any other benefits of this estimates that importers would save at rulemaking to importers. In summary, this rulemaking would least $13,050 in research time costs each As previously stated, CBP issued 52 introduce costs, revenue changes, and year from no longer submitting case-by- non-preferential determinations benefits to importers and the U.S. case adjudication requests to CBP for adjudicated on a case-by-case basis for Government. Some importers, for their non-preferential country of origin goods imported from Canada and example, whose goods are subject to requests for goods from Canada and Mexico from October 2019 to December inconsistent origin determinations Mexico. These requests may impose an 2020. This rulemaking would eliminate under the current practice, may incur unknown amount of additional time and the need for CBP to make such case-by- minor costs to adjust their inventory resource costs on importers from an case determinations for similar goods tracking systems, ACE entries, and importer’s gathering of information for imported from Canada and Mexico in business practices to reflect the new the process and drafting the request, the future. The current method for CBP country of origin determination for which could be avoided with this to determine country of origin on a case- other non-preferential purposes, as rulemaking. by-case basis for non-preferential described above. Transitioning to the Furthermore, CBP’s country of origin purposes is generally more time and proposed tariff shift system could also determinations sometimes result in an resource-intensive than the tariff-shift lead to an increase or decrease in non- imported good being determined to be a method. For CBP, country of origin preferential payments from importers, product of Canada or Mexico for some determinations for non-preferential which would lead to an equal increase customs purposes and a good of a third purposes based on case-by-case or decrease in revenue to the U.S. country for other purposes. This adjudications are highly individual, Government. The exact amounts of rulemaking would eliminate these fact-intensive exercises. This these costs and revenue changes are different determinations, which would rulemaking would largely make it easier unknown, but they should be small standardize country of origin for CBP to administer rules of origin for considering the tariff shift methodology determinations for non-preferential non-preferential country of origin implements the same substantial purposes for goods imported from the determinations for goods imported from transformation standard as the existing USMCA countries of Canada and Canada and Mexico by employing the case-by-case method. Additionally, the Mexico. CBP’s application of the part codified part 102 rules for both country rule would implement a simpler, 102 rules would not, however, affect of origin marking and other non- standardized administration system for similar determinations made by other preferential purposes. By eliminating country of origin determinations made agencies, such as the Department of the need for importers to request non- by CBP for all non-preferential purposes Commerce’s scope determinations in preferential case-by-case determinations for goods imported from Canada and antidumping or countervailing duty of their goods from Canada and Mexico, Mexico that would save importers and proceedings (see 19 CFR 351.225). This CBP would save an average of 5 hours the U.S. Government time and standardized approach would provide to 40 hours currently dedicated to each resources. Importers could save at least additional benefits to importers, but the case-by-case adjudication. This would an estimated $13,050 in time costs extent of these benefits is unknown. translate to a time cost saving of annually from this rulemaking, while CBP requests public comments on the between $494.90 and $3,959.20 based the U.S. Government could save benefits of this change to importers. on a CBP attorney’s average hourly time between $25,735 and $205,878 in time Although this rulemaking would value of $98.98.14 CBP estimates that costs each year. Overall, CBP believes eliminate the need for some importers to with this proposed rule, CBP would no this rulemaking’s benefits would request case-by-case country of origin longer have to make 52 case-by-case outweigh the costs. determinations for non-preferential rulings determining the origin of goods B. Regulatory Flexibility Act purposes, it may require such importers imported from Canada or Mexico for The Regulatory Flexibility Act (RFA; to now request classification non-preferential purposes according to determinations for their goods imported 5 U.S.C. 601 et. seq.), as amended by the historical data. Considering these Small Business Regulatory Enforcement from Canada and Mexico. The extent of forgone determinations and the average these new classification requests is and Fairness Act of 1996, requires time cost per determination, CBP would agencies to assess the impact of unknown. To the extent that importers save approximately $25,735 to $205,878 would need to request additional regulations on small entities. A small per year from this rulemaking. These entity may be a small business (defined benefits would represent time cost estimates (shown under Mar., June, Sep., Dec.) of as any independently owned and savings to CBP rather than budgetary operated business not dominant in its the total compensation cost per hour worked for savings, meaning that CBP could use the Office and Administrative Support occupations field that qualifies as a small business ($28.8875) divided by the calculated average of the savings to perform other agency per the Small Business Act); a small not- 2020 quarterly estimates (shown under Mar., June, missions, such as facilitating trade. As Sep., Dec.) of wages and salaries cost per hour for-profit organization; or a small previously stated, this rulemaking may governmental jurisdiction (locality with worked for the same occupation category increase requests for classifications of ($19.3725). Source of total compensation to wages fewer than 50,000 people). and salaries ratio data: U.S. Bureau of Labor goods imported from Canada and This rulemaking proposes to expand Statistics. Employer Costs for Employee Mexico, though the extent of these the scope of the 19 CFR part 102 rules Compensation. Employer Costs for Employee requests is unknown. To the extent that Compensation Historical Listing March 2004– to provide that those rules are to be December 2020, ‘‘Table 3. Civilian workers, by CBP would need to conduct additional generally applicable to all non- occupational group: employer costs per hours preferential country of origin worked for employee compensation and costs as a 14 CBP bases this wage on the FY 2019 salary, percentage of total compensation, 2004–2020.’’ benefits, and non-salary costs (i.e., fully loaded determinations made by CBP for goods March 2021. Available at https://www.bls.gov/web/ wage) of the national average of CBP attorney imported from the USMCA countries of ecec/ececqrtn.pdf. Accessed June 1, 2021. positions. Canada and Mexico. With this change,
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country of origin marking and all other The Regulatory Flexibility Act does up less than one percent of the value of non-preferential country of origin not specify thresholds for economic their importations. In addition, trade determinations made by CBP for goods significance but instead gives agencies members have expressed that the non- imported from Canada or Mexico would flexibility to determine the appropriate monetized benefits of operating under a be based on substantial transformations threshold for a particular rule. Changing single set of rules well outweigh the occurring with tariff shifts as defined from case-by-case adjudications for minimal costs to comply with this under part 102. CBP’s application of the other non-preferential origin purposes rulemaking. Therefore, CBP certifies part 102 rules would not, however, to part 102’s tariff shift rules may that this rulemaking, if finalized, will affect similar determinations made by impose some costs on importers with not have a significant economic impact other agencies, such as the Department goods from Canada and Mexico. on a substantial number of small of Commerce’s scope determinations in Importers who switch from using these entities. CBP welcomes comments on antidumping or countervailing duty two determination methods for non- this conclusion. proceedings (see 19 CFR 351.225). preferential origin purposes to just the C. Paperwork Reduction Act In FY 2019, 38,832 importers 15 made part 102 rules with this rulemaking may 2.6 million non-NAFTA-preference incur some one-time, minor costs to The Paperwork Reduction Act of 1995 entries of goods from Canada and adjust their inventory tracking systems (44 U.S.C. 3507(d)) requires that CBP Mexico, valued at $155 billion.16 All of and Automated Commercial consider the impact of paperwork and these entries were subject to non- Environment entries to reflect the part other information collection burdens preferential country of origin marking 102-based non-marking-related, non- imposed on the public. CBP has requirements, while some were also preferential country of origin for their determined that there is no collection of subject to other non-preferential country goods. As an example, if an importer information that requires a control of origin determinations, like trade has an inventory tracking system that number assigned by the Office of remedies, that involve case-by-case identifies the non-marking, non- Management and Budget. preferential country of origin for its adjudication. CBP does not have precise Signing Authority data on the number of importers who goods from Canada and Mexico based entered goods from Canada and Mexico on existing case-by-case adjudication This rulemaking is being issued in that were subject to country of origin rules, with this rulemaking, that accordance with 19 CFR 0.1(a)(1), requirements for marking and another importer may need to revise the system pertaining to the authority of the non-preferential purpose that would be to ensure that it identifies the goods Secretary of the Treasury (or that of his affected by this rulemaking. Based on based on the part 102 rules if the or her delegate) to approve regulations available FY 2019 data on goods from importer is importing goods subject to related to certain customs revenue Canada and Mexico subject to part 102 inconsistent origin determinations functions. rules for marking and that involve case- under the current practice. These List of Subjects by-case adjudication for the non- determinations should match the preferential purposes of Section 201 and country of origin determinations that 19 CFR Part 102 Section 232 duties and quotas, as well importers must already make for non- Canada, Customs duties and as the 38,832 importers who entered preferential marking purposes. inspections, Imports, Mexico, Reporting non-NAFTA preference goods from According to representatives of the and recordkeeping requirements, Trade Canada and Mexico in FY 2019, CBP Commercial Operations Advisory agreements. Committee, these costs will be estimates that this rulemaking could 19 CFR Part 177 affect between approximately 10,000 approximately $2,000-$3,000 per and 38,832 unique importers entering company. Administrative practice and Some importers who source the same goods from the USMCA countries of procedure, Customs duties and goods from Canada or Mexico and Canada and Mexico each year. These inspection, Government procurement, another country may also need to adjust importers would range from individual Reporting and recordkeeping their business practices to ensure that buyers (households or businesses) to requirements. they properly use the part 102 rules for large businesses across many different customs non-preferential country of Proposed Amendments to the industries. Some industries and origin purposes when the good is Regulations businesses may be more affected than sourced from Canada or Mexico once For the reasons given above, it is others, depending on the ultimate this rulemaking is in effect and use case- proposed to amend parts 102 and 177 as country of origin determination and the by-case adjudications for any goods set forth below: classification of the merchandise being sourced outside of Canada or Mexico imported. The exact number of small that are subject to non-preferential PART 102—RULES OF ORIGIN importers affected by this rulemaking is treatment. According to representatives unknown. However, according to a of the Commercial Operations Advisory ■ 1. The general authority citation for separate CBP analysis, the vast majority Committee, these costs are minimal. For part 102 is revised to read as follows: of importers are classified as small mid to large companies, these costs Authority: 19 U.S.C. 66, 1202 (General businesses. Because this rulemaking would total at most $2,000 to $3,000 Note 3(i), Harmonized Tariff Schedule of the would directly affect importers and the (note that this is in addition to a similar United States), 1624, 3592, 4513. vast majority of importers are small estimate above). Smaller companies ■ 2. Amend § 102.0 by revising the businesses, the rule could affect a would have smaller costs. second sentence and adding four substantial number of small entities. CBP does not believe that these costs, sentences after the second sentence to a maximum of $4,000–$6,000, would read as follows: 15 Based on unique importer of record numbers of have a significant economic impact on importers who entered goods in FY 2019. In some importers, including those considered § 102.0 Scope. cases, multiple IOR numbers correspond to the same entity. small under the RFA. The annual value * * * For goods imported into the 16 These goods were not eligible for the of importations average $4 million per United States from Canada or Mexico Generalized System of Preferences. importer, so these one-time costs make and entered for consumption, or
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withdrawn from warehouse for Commissioner, having reviewed and ADDRESSES: For reasons of Government consumption, before [EFFECTIVE DATE approved this document, is delegating efficiency, comments must be submitted OF FINAL RULE], these specific the authority to electronically sign this through the Federal eRulemaking Portal purposes are: country of origin marking; document to Robert F. Altneu, who is at www.regulations.gov. To submit determining the rate of duty and staging the Director of the Regulations and comments via www.regulations.gov, category applicable to originating textile Disclosure Law Division for CBP, for enter docket number PTO–P–2021–0006 and apparel products as set out in purposes of publication in the Federal on the homepage and click ‘‘Search.’’ Section 2 (Tariff Elimination) of Annex Register. The site will provide a search results 300–B (Textile and Apparel Goods) page listing all documents associated under NAFTA; and determining the rate Robert F. Altneu, with this docket. Find a reference to this of duty and staging category applicable Director, Regulations & Disclosure Law notice and click on the ‘‘Comment to an originating good as set out in Division, Regulations & Rulings, Office of Now!’’ icon, complete the required Trade, U.S. Customs and Border Protection. Annex 302.2 (Tariff Elimination) under fields, and enter or attach your NAFTA. CBP will determine the Approved: comments. Attachments to electronic country of origin for all non-preferential Timothy E. Skud, comments will be accepted in ADOBE® purposes for goods imported into the Deputy Assistant Secretary of the Treasury. portable document format or ® United States from Canada or Mexico [FR Doc. 2021–14265 Filed 7–1–21; 11:15 am] MICROSOFT WORD format. Because and entered for consumption, or BILLING CODE 9111–14–P comments will be made available for withdrawn from warehouse for public inspection, information that the consumption, on or after [EFFECTIVE submitter does not desire to make DATE OF FINAL RULE], using the rules public, such as an address or phone set forth in §§ 102.1 through 102.18 and DEPARTMENT OF COMMERCE number, should not be included in the 102.20. The rules in this part regarding Patent and Trademark Office comments. goods wholly obtained or produced in a Visit the Federal eRulemaking Portal website (www.regulations.gov) for country are intended to apply 37 CFR Part 1 consistently for all such purposes. The additional instructions on providing rules in this part which determine when [Docket No. PTO–P–2021–0006] comments via the portal. If electronic a good becomes a new and different submission of comments is not feasible article or a new or different article of RIN 0651–AD53 due to lack of access to a computer and/ commerce as a result of manufacturing or the internet, please contact the processes in a given country are also Standard for Presentation of USPTO using the contact information intended to apply consistently for all Nucleotide and Amino Acid Sequence below for special instructions. Listings Using XML (eXtensible purposes where this requirement exists FOR FURTHER INFORMATION CONTACT: for ‘‘country of origin’’ or ‘‘product of’’ Markup Language) in Patent Mary C. Till, Senior Legal Advisor, determinations made by CBP for goods Applications To Implement WIPO Office of Patent Legal Administration, imported from Canada or Mexico. The Standard ST.26; Incorporation by Office of the Deputy Commissioner for rules in this part do not affect similar Reference Patents, by email at Mary.Till@ determinations made by other agencies, AGENCY: United States Patent and uspto.gov; or Ali Salimi, Senior Legal such as the Department of Commerce’s Trademark Office, Department of Advisor, Office of Patent Legal scope determinations in antidumping or Commerce. Administration, Office of the Deputy countervailing duty proceedings (see 19 Commissioner for Patents, by email at ACTION: Notice of proposed rulemaking. CFR 351.225). * * * [email protected]. Contact via SUMMARY: The United States Patent and telephone at 571–272–7704 for special PART 177—ADMINISTRATIVE Trademark Office (USPTO or Office) is instructions on submission of RULINGS proposing to revise the rules of practice comments. ■ 3. The general authority citation for for submitting biological sequence data SUPPLEMENTARY INFORMATION: part 177 is revised to read as follows: associated with disclosures of nucleotide and amino acid sequences in Table of Contents Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff patent applications by incorporating by I. Background Schedule of the United States), 1502, 1624, reference the provisions of Standard a. Summary of Changes 1625, 2515. ST.26 into the USPTO rules. Other b. Introduction conforming changes to accommodate for c. Standard ST.26 ■ 4. Amend § 177.22 by adding a d. Benefits sentence to the end of paragraph (a) to proposed new rules of practice based on e. WIPO Authoring and Validation Tool read as follows: the new standard are also included. (WIPO Sequence) These proposed amendments would f. Applicability § 177.22 Definitions. apply to international and national II. Discussion of Specific Rules (a) * * * (For goods imported into the applications filed on or after January 1, III. Rulemaking Considerations United States after processing in Canada 2022. In addition to simplifying the I. Background or Mexico and entered for consumption, process for applicants filing in multiple or withdrawn from warehouse for countries, a requirement to submit a a. Summary of Changes consumption, on or after [EFFECTIVE single sequence listing in eXtensible Standard ST.26 is the new DATE OF FINAL RULE], substantial Mark-up Language (XML) format will international standard developed by the transformation will be determined using result in better preservation, World Intellectual Property the rules set forth in §§ 102.1 through accessibility, and sorting of the Organization (WIPO) and member states 102.18 and 102.20.) submitted sequence data for the public. and adopted by the same. Under * * * * * DATES: Comments must be received by Standard ST.26, patent applications that Troy A. Miller, the Senior Official September 7, 2021 to ensure contain disclosures of nucleotides and/ Performing the Duties of the consideration. or amino acid sequence(s) must present
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the associated biological sequence data To decrease the burden on applicants To ensure that biological sequence in a standardized electronic format (a who file applications containing data associated with the disclosures of ‘‘Sequence Listing XML’’) as a separate nucleotide and amino acid sequence nucleotides and/or amino acid part of the specification. Under the information internationally, the USPTO sequence(s) in patent applications can proposed rules, in international has worked with other WIPO member be widely disseminated and searchable applications filed under the Patent states as part of the Committee on WIPO by the public and IPOs, the USPTO Cooperation Treaty (PCT) and in Standards (CWS) to develop a single works with the National Center for national and regional applications in internationally acceptable sequence Biotechnology Information (NCBI) for Intellectual Property Offices (IPOs) of listing standard for use in patent inclusion of patent sequence data in the WIPO member states, an applicant will applications filed in those states. GenBank searchable database. For NCBI have to submit a single internationally Beginning in October of 2010, the CWS to include all sequence data from the acceptable sequence listing in a established a Task Force to propose a USPTO, the data must be provided in language neutral format using specified revised standard for the filing of INSDC format so that it is compatible International Nucleotide Sequence nucleotide and/or amino acid sequence with GenBank. The Standard ST.25 Database Collaboration (INSDC) listings in XML file format (hereinafter format sequence listings cannot be readily converted to INSDC format, identifiers, such that a single sequence referred to as a ‘‘Sequence Listing listing can be prepared for worldwide resulting in only a fraction of patent XML’’). In order to obtain public input use. sequence information appearing in on the content of Standard ST.26, the The proposed rule changes include: GenBank. This data loss limits the (1) Creation of new rules (§§ 1.831 USPTO issued Requests for Comments sequence information provided to the through 1.835) to incorporate by in 2012 and 2016 (‘‘Request for public and exchanged with other reference Standard ST.26; (2) use of Comments on the Recommendation for sequence database providers, e.g., the INSDC sequence data elements to the Disclosure of Sequence Listings National Institute of Genetics (NIG) in replace numeric identifiers from the Using XML (Proposed ST.26).’’ (See 77 Japan, the DNA Data Bank of Japan previous standard; (3) modification of FR 28541 (May 15, 2012)) and (DDBJ) and European Molecular Biology rules of practice to include reference to ‘‘Standard ST.26-Request for Comments Laboratory, European Bioinformatics ‘‘Sequence Listing XML;’’ (4) on the Recommended Standard for the Institute (EMBL–EBI). WIPO has been elimination of a paper or PDF copy of Presentation of Nucleotide and Amino working with the WIPO member states the sequence listing; (5) elimination of Acid Sequence Listings using XML to create, adopt, and implement the option to include within a sequence (eXtensible Markup Language).’’ (See 81 Standard ST.26 for sequence listing listing sequences with fewer than 4 FR 74775 (October 27, 2016))). The submissions in XML file format having amino acids and fewer than 10 adopted version of Standard ST.26 takes the INSDC data elements to address the nucleotides; and (6) clarification and those comments into account. To data loss. Standard ST.26 aims to simplification of the rules to aid in achieve the goals that WIPO and WIPO enhance the accuracy and quality of understanding of the requirements that member states (including the United biological sequence data that is publicly they set forth. States) set out by developing the disseminated. In adopting and b. Introduction sequence listing standard for presenting implementing Standard ST.26, more data consistently across all IPOs, all complete biological sequence data from The sequence rules (37 CFR 1.821 WIPO member states agreed to patents and patent applications will be through 1.825) provide a standardized implement ST.26 for international and included in GenBank and thus be format for description of nucleotide and national applications filed on or after accessible by the public. The change amino acid sequence data in patent January 1, 2022. Therefore, upon from ASCII format to XML format will applications and require the submission finalizing the proposed rules, result in sequence data having computer of such sequences in computer readable applications filed electronically in the tags that facilitate sorting and retrieving, form (CRF). The current USPTO rules United States on or after January 1, and permit ease of access to the data. are based on WIPO Standard ST.25, Additionally, NCBI is planning to stop which became effective in 1998, and use 2022, would need to conform to Standard ST.26, which requires accepting data in Standard ST.25 format a flat file structure of numeric for inclusion in GenBank in about 3–5 identifiers using a limited set of submitting sequence listings in XML format. The USPTO is further proposing years after January 1, 2022 (the Standard character codes. A new international ST.26 transition date). standard, ST.26, was agreed upon by that applications that claim benefit or WIPO member states, and would apply priority to an earlier application, where c. Standard ST.26 to international and national the earlier application contained a The WIPO ‘‘Handbook on Industrial applications filed on or after January 1, sequence listing that complied with the Property Information and 2022. Applications pending prior to Standard ST.25 sequence rules, comply Documentation’’ sets forth standards for January 1, 2022, would not have to with the new rules that incorporate by the presentation of data in many comply with Standard ST.26. reference Standard ST.26. In order to contexts. Standard ST.26 is titled In an effort to streamline and reduce facilitate compliance, WIPO Sequence, a ‘‘Recommended Standard for the the procedural requirements found in sequence listing authoring and Presentation of Nucleotide and Amino the existing rules, and to respond to the validating tool, has been developed by Acid Sequence Listings Using XML needs of our customers to conform to WIPO with input from WIPO member (eXtensible Markup Language).’’ Standard ST.26, the USPTO is states so that applicants can use it to Adoption of the current version, version proposing to amend its rules of practice prepare and validate their sequence 1.4, by the CWS, occurred in December for submitting biological sequence data listings in XML format as discussed of 2020 and reaffirms that January 1, associated with disclosures of infra. The USPTO is proposing to add to 2022, is expected to be the nucleotide and amino acid sequences in the patent rules (37 CFR part 1) by implementation date for all WIPO patent applications filed on or after incorporating by reference Standard member states. The proposed USPTO January 1, 2022, to comply with ST.26, and providing conforming rules incorporate by reference Standard Standard ST.26. amendments to the current rules. ST.26.
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The adopted version of Standard sequence elements should be populated perform necessary checks on the ST.26 is composed of eight documents, when data is exchanged with database contents of paper documents. namely, the main body of the Standard, providers. Annex VI, containing the Unlike rules based on Standard ST.25, a first annex setting forth the controlled guidance document, is provided to rules based on Standard ST.26 will vocabulary for use with the main body, ensure that all applicants and WIPO allow patent applicants to file a single a second annex setting forth the member states understand the sequence listing with the USPTO (with Document Type Definition (DTD) for the requirements for inclusion and the exception of changes to comply with Standard, a third annex containing a representation of sequence disclosures. national language requirements) that sequence listing specimen, a fourth This guidance document was will be acceptable to the IPOs of WIPO annex setting forth the character subset developed, in part, to address concerns member states. Under Standard ST.25, from the Unicode Basic Latin Code raised in response to the USPTO’s IPOs have interpreted and enforced Table, a fifth annex setting forth requests for comment in 2012 and 2016, rules differently due to the imprecise additional data exchange requirements mentioned above. The guidance language in the previous Standard. This for IPOs, a sixth annex containing a document illustrates the requirements of has resulted in the frustrating situation guidance document, and a seventh selected paragraphs found in the main where applicants generate sequence annex setting forth recommendations for body of Standard ST.26 through specific listings that may be accepted in one IPO the transformation of a sequence listing examples of nucleotide and amino acid but not another. Standard ST.26 was drafted to from Standard ST.25 format to Standard biological sequence data. Additionally, precisely define what must and must ST.26 format including avoiding adding the document provides guidance on the not be included in a sequence listing, or deleting subject matter. These manner in which biological sequence and how sequences must be represented materials can be found at http:// data is represented within a Standard ST.26 compliant sequence listing in in a sequence listing. The ‘‘Guidance www.wipo.int/export/sites/www/ document with illustrated examples’’ in standards/en/pdf/03-26-01.pdf. The XML format. Annex VII addresses the potential consequence of these Annex VI of Standard ST.26 illustrates main body of Standard ST.26 defines the application of the rules to real-world the disclosures of nucleotide and amino requirements when transforming a compliant Standard ST.25 sequence sequence disclosure examples, acid sequences in patent applications listing to a Standard ST.26 sequence eliminating the possibility of that must be presented in a sequence listing, and provides detailed guidance misinterpretation by IPOs or applicants. listing in XML format in the manner on avoiding added or deleted subject Due to the improved data structure of specified in the Standard. Specifically, matter due to the additional XML, transitioning from the current as detailed in paragraph eight of the requirements of Standard ST.26. USPTO rules based on Standard ST.25 main body, a sequence listing must not to rules based on Standard ST.26 will include, as a sequence assigned its own d. Benefits have the effect of increasing the quality sequence identification number, any Transitioning from rules based on of examination of patent applications sequences having fewer than ten Standard ST.25 (i.e., the current basis containing biological sequence data specifically defined nucleotides, or for the USPTO rules for ‘‘Sequence since a more comprehensive search will fewer than four specifically defined Listings’’) to rules based on Standard be possible. Sequence listings submitted amino acids. The main body establishes ST.26 will be beneficial to both patent in accordance with Standard ST.26 the requirements for representation of applicants filing sequence listings and allow for targeted searching of both nucleotide and amino acid sequences IPOs receiving applications containing sequence annotation and newly and the requirements for the XML file disclosures of nucleotide and amino required sequence types, such as format for a sequence listing. The first acid sequences. Standard ST.26 D-amino acids, nucleotide analogues, annex contains controlled vocabulary provides clear requirements as to what and linear portions of branched that provides nucleotide base codes, must be included in a sequence listing, sequences. Finally, sequence listing lists of modified nucleotides and their and how sequences must be submissions under rules based on abbreviations, amino acid codes, and a represented. For example, it Standard ST.26 will enhance public list of modified amino acids and their standardizes the representation of database content, as they include the abbreviations. In addition, the first modified nucleotide sequences and sequence annotations (e.g., feature keys annex provides defined feature keys and amino acid sequences as well as and qualifiers) used by database qualifiers used for nucleotide and amino variants derived from primary providers to describe biological acid sequences in the XML file for a sequences. Since Standard ST.26 sequence data. Standard ST.26 sequence listing. This first annex contains a guidance document that standardizes sequence variant specifically identifies qualifiers with illustrates the requirements for presentation, annotation of modified language-dependent ‘‘free text’’ values inclusion and representation of and unusual residues, feature location that may require translation for national biological sequence data, patent descriptors, use of feature keys and and regional procedures. The second applicants will have a clearer qualifiers, organism names, and annex provides the DTD setting forth understanding of the requirements for presentation of coding regions. the technical specifications to which a presentation of biological sequence data Incorporation by reference of Standard submitted Sequence Listing XML must in a compliant sequence listing under ST.26 into USPTO rules has the effect conform. The third annex provides a Standard ST.26. Additionally, since of promoting data exchange between specimen of a Standard ST.26 compliant Standard ST.26 only allows XML USPTO and NCBI due to use of INSDC sequence listing that shows a format, the potential for differences identifiers required by database representation of an entire sequence under the current rules between a providers. The presence of additional listing in XML format. Annex IV sequence listing filed in paper/PDF data, as well as the enhanced provides a table of the character subset format and the required electronic CRF compatibility to facilitate the exchange from the Unicode Basic Latin Code that will be eliminated. As a further benefit, of data, will increase the value of will be used for a ‘‘Sequence Listing IPOs of WIPO member states will no database searches for biotechnology XML.’’ Annex V provides guidance to longer need to expend resources to stakeholders that relate to nucleotide WIPO member states on how certain process paper sequence listings and and amino acid sequences.
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The USPTO recommends requiring names are available to select from drop- WIPO Sequence, WIPO is developing a compliance with Standard ST.26 for an down lists, simplifying the creation of Standard ST.26 sequence listing application filed on or after January 1, sequence listings. Applicant and validation tool, WIPO Sequence 2022, because it will reduce the inventor names, as well as custom Validator. WIPO Sequence Validator complexity and cost of long-term organism names, can be stored within will be for use by IPOs. WIPO Sequence maintenance of IT systems for accepting WIPO Sequence for ease of access. To Validator will be synchronized with the sequence listings in multiple formats, facilitate review of data entered into a validation function in the WIPO provide a clear implementation date, project, WIPO Sequence can generate a Sequence tool. The USPTO is and will facilitate transition to the ‘‘human-readable’’ version of the integrating WIPO Sequence Validator format requirements of database sequence listing in addition to the XML into its internal IT systems. The WIPO providers. In addition, a requirement to sequence listing. Sequence Validator will apply the same submit a single sequence listing in XML WIPO Sequence includes an validation rules as WIPO Sequence. format will result in better preservation, integrated validation function that will Therefore, filers will have a greater level accessibility, and sorting of the alert users to most errors in a project or of confidence that a sequence listing submitted sequence data for the public. sequence listing data. The validation authored and validated by WIPO As noted herein, WIPO has created a function generates a report that clearly Sequence will comply with the USPTO tool to assist applicants with translation lists every detected error, the location of rules for ‘‘Sequence Listing XMLs’’ of existing sequences to the new the error, and the detected value of the (§§ 1.831 through 1.835) and accepted standard. error, along with a link to the sequence since the WIPO Sequence Validator that in question, thereby ensuring users can USPTO will use is based on Standard e. WIPO Authoring and Validation Tool correct errors before generating a final ST.26, which is incorporated by (WIPO Sequence) sequence listing. While the validation reference into the USPTO proposed To comply with rules that are based function will alert a user to most errors rules of practice. on Standard ST.26, patent applicants that are contained in a project or will be able to use ‘‘WIPO Sequence,’’ sequence listing, there are a small e. Applicability a freely-available desktop application number of errors that can be detected In accordance with these proposed developed by WIPO and adopted by only by human review (for example, an rules of practice, an application that has WIPO member states, to generate a inappropriate organism name). In those a filing date on or after January 1, 2022, Standard ST.26 compliant sequence cases, the integrated validation function would be required to contain a sequence listing. WIPO Sequence has two will list a ‘‘warning’’ in the validation listing in accordance with proposed functions: An authoring function and a report, reminding users of the §§ 1.831 through 1.835, which validation function. Patent applicants applicable/relevant rule and urging incorporate by reference Standard will be able to author and validate their them to check their input values before ST.26. This includes applications that sequence listing using WIPO Sequence generating a final sequence listing. claim priority to applications with filing to comply with the requirements of A sequence listing in Standard ST.25 dates before January 1, 2022. Such Standard ST.26. Such a sequence listing format cannot automatically be applications include but are not limited will be accepted by all IPOs of WIPO converted into Standard ST.26 format to applications having one or more member states. Thus, the burden of because certain data elements required benefit or priority claims under 35 generating a sequence listing which is for a Standard ST.26 compliant U.S.C. 119(e) (claiming the benefit of a acceptable across all WIPO member sequence listing are not present in provisional), section 120 (claiming the states will be significantly decreased for Standard ST.25. Therefore, conversion benefit as a continuation and/or patent applicants under Standard ST.26. of a sequence listing in Standard ST.25 continuation-in-part), section 121 This tool will be downloadable, free of format to Standard ST.26 format (claiming the benefit as a divisional), charge, from the WIPO website. necessarily requires additional input section 365 (claiming the benefit as a Currently, a beta version of WIPO from the applicant. WIPO Sequence continuation or continuation in part to Sequence is accessible at https:// supplemented by significant guidance a PCT application), or section 119(a)–(d) www.wipo.int/standards/en/sequence/ from WIPO and USPTO (in Annex VI (claiming the benefit to a foreign filed index.html. This beta version will allow and Annex VII of Standard ST.26) will application or a prior filed PCT). If a the public to familiarize themselves help applicants accomplish this task. prior application to which benefit or with the tool and its dual Users can import a Standard ST.25 priority is claimed contains a sequence functionalities. sequence listing into a project, and listing in Standard ST.25 format, the WIPO Sequence will allow a user to WIPO Sequence automatically performs applicant would be required to convert create and save patent application data many of the necessary conversions. An that sequence listing to Standard ST.26 and biological sequence data in a Import Report is generated that alerts format for inclusion in the new project, validate the project to ensure all the user to all data conversions, and application filed on or after January 1, required information is present, and lists all sequence entries that require 2022. As provided in 35 U.S.C. 363, the generate a sequence listing in Standard additional input. In response to filing date of an international stage ST.26 XML format. Information can be concerns raised in comment to the application is also the filing date for the entered into a project manually, or data USPTO’s requests for comments in 2012 national stage application filed under 35 can be imported from a source file in and 2016, the USPTO, in conjunction U.S.C. 371. Accordingly, for one of a number of file types. WIPO with WIPO, developed Annex VII to applications filed under 35 U.S.C. 371, Sequence can import data from other provide detailed guidance to help compliance with Standard ST.26 is Standard ST.26 projects, Standard ST.26 applicants avoid added or deleted based on the international filing date of XML sequence listings, Standard ST.25 subject matter when converting a the corresponding international sequence listing text files, raw files, sequence listing from Standard ST.25 application, rather than the date of multi-sequence format files, and FASTA format into Standard ST.26 format. submission of the national stage (FAST-All-a DNA and protein sequence In order to ensure that IPOs can application in the USPTO. The alignment software package) files. validate and accept sequence listing proposed rules would also be applicable Feature keys, qualifiers, and organism projects from applicants generated with to applications for reissue without
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regard to the filing date of the originally Section 1.52(f)(2) was proposed to be Section 1.121: Section 1.121(b) was granted patent for which reissue is amended in another rulemaking that proposed to be amended in another sought. That is, any reissue application published at 86 FR 28301 (May 26, rulemaking that published at 86 FR filed on or after January 1, 2022, where 2021). This proposed rule would further 28301 (May 26, 2021). This proposed the disclosure or claims contain amend that paragraph to indicate that rule would further amend that nucleotide and amino acid sequences any XML file, submitted via the USPTO paragraph to add an exception to would be required to comply with patent electronic filing system for a amendment practice for ‘‘Sequence proposed §§ 1.831 through 1.835. ‘‘Sequence Listing XML’’ in compliance Listing XML’’s (§ 1.835). Relying on the actual filing date of an with § 1.831(a) is excluded from the Section 1.121(b)(6) was proposed to application to determine whether a application size fee determination. The be added in another rulemaking that sequence listing must conform to provision at 35 U.S.C 41(a)(1)(G) published at 86 FR 28301 (May 26, §§ 1.821 through 1.825 (rules based on provides the basis for excluding ‘‘any 2021). This proposed rule would further Standard ST.25) or §§ 1.831 through sequence listing’’ when filed in amend that paragraph to require that 1.835 (rules based on Standard ST.26) electronic medium from the application changes to a ‘‘Sequence Listing XML’’ will simplify the application of the size fee determination. A ‘‘Sequence be made in accordance with § 1.835. sequence rules, both for the USPTO and Listing XML’’ is considered ‘‘any Section 1.173: The heading of the applicant. sequence listing.’’ § 1.173(b)(1) was proposed to be Section 1.52(f)(2)(i) was proposed to amended in another rulemaking that II. Discussion of Specific Rules be added in another rulemaking that published at 86 FR 28301 (May 26, Section 1.52: Paragraph (e)(1)(ii) was published at 86 FR 28301 (May 26, 2021). This proposed rule would further proposed to be amended in another 2021). This proposed rule would further amend that heading to include rulemaking that published at 86 FR amend that paragraph to reference any ‘ ‘‘Sequence Listing XML’ (§ 1.831(a)).’’ Section 1.173(b)(1)(i) was proposed to 28301 (May 26, 2021). This proposed ‘‘Sequence Listing XML’’ in compliance be added in another rulemaking that rule would further amend that with § 1.831(a). published at 86 FR 28301 (May 26, paragraph to include reference to a Section 1.52(f)(3) was proposed to be 2021). This proposed rule would further ‘‘Sequence Listing XML’’ submitted added in another rulemaking that amend that paragraph to add an under § 1.831(a) in compliance with published at 86 FR 28301 (May 26, exception to reissue amendment §§ 1.832 through 1.834. 2021). This proposed rule would further practice for a ‘ ‘‘Sequence Listing XML’ Section 1.52(e)(3)(iv) is proposed to amend that paragraph to subject any (§ 1.831(a)).’’ be added to require that the contents of ‘‘Sequence Listing XML’’ of 300MB– Section 1.173(b)(1)(ii) was proposed each read-only optical disc for a 800MB to the surcharge set forth in to be added in another rulemaking that ‘‘Sequence Listing XML’’ must be in § 1.21(o)(1) and any ‘‘Sequence Listing published at 86 FR 28301 (May 26, XML file format and, if compressed, XML’’ over 800MB to the surcharge set 2021). This proposed rule would further must be compressed in accordance with forth in § 1.21(o)(2). amend that paragraph to provide that § 1.834. Section 1.53: Section 1.53(c)(4) is changes to a ‘‘Sequence Listing XML’’ Section 1.52(e)(7) was proposed to be proposed to be revised to indicate that must be made in accordance § 1.835. amended in another rulemaking that a separate sequence listing in a Section 1.173(d) was proposed to be published at 86 FR 28301 (May 26, provisional application disclosing amended in another rulemaking that 2021). This proposed rule would further nucleotide and/or amino acid sequences published at 86 FR 28301 (May 26, amend that paragraph to require that is not required but, any biological 2021). This proposed rule would further any amendment to the information on a sequence data submitted in a amend that paragraph to also exclude a read-only optical disc submitted in provisional application filed on or after ‘‘Sequence Listing XML’’ from the relation to a ‘‘Sequence Listing XML’’ be January 1, 2022, must be a ‘‘Sequence manner of making amendments in a in accordance with § 1.835(b). Listing XML’’ in compliance with reissue application. Section 1.52(f)(1) was proposed to be §§ 1.831 through 1.834. This proposed Section 1.211: Section 1.211(c) is amended in another rulemaking that change is not anticipated to cover proposed to be amended to add a published at 86 FR 28301 (May 26, applications filed before January 1, ‘‘Sequence Listing’’ in compliance with 2021). This proposed rule would further 2022. §§ 1.821 through 1.825 (if applicable) for amend that paragraph to indicate that Section 1.77: Section 1.77(b)(5) was an application filed before January 1, any XML file submitted on a read-only proposed to be amended in another 2022, and a ‘‘Sequence Listing XML’’ in optical disc is excluded from the rulemaking that published at 86 FR compliance with §§ 1.831 through 1.835 application size fee determination if the 28301 (May 26, 2021). This proposed (if applicable) for an application filed on read-only optical disc contains a rule would further amend that or after January 1, 2022, to the currently ‘‘Sequence Listing XML’’ in compliance paragraph by reorganizing under listed items that may delay application with § 1.831(a). The provision at 35 § 1.77(b)(5)(i) the provisions for an publication if not present. U.S.C 41(a)(1)(G) provides the basis for incorporation by reference statement for Section 1.495: Section 1.495(c)(5) is excluding ‘‘any sequence listing,’’ when ASCII plain text tiles submitted for a proposed to be amended to delineate filed in electronic medium, from the ‘‘Computer Program Listing Appendix’’ between translations needed for a application size fee determination. A (§ 1.77(b)(5)(i)(A)), a ‘‘Sequence Listing’’ ‘‘Sequence Listing’’ in international ‘‘Sequence Listing XML’’ is considered (§ 1.77(b)(5)(i)(B)), and ‘‘Large Tables’’ applications entering the national stage ‘‘any sequence listing.’’ (§ 1.77(b)(5)(i)(C)). Section 1.77(b)(5)(ii) in the United States having an Section 1.52(f)(1)(i) was proposed to would contain provisions for an international filing date before January be added in another rulemaking that incorporation by reference statement for 1, 2022, and a ‘‘Sequence Listing’’ in published at 86 FR 28301 (May 26, a ‘‘Sequence Listing XML’’ submitted XML format for international 2021). This proposed rule would further via a USPTO patent electronic filing applications entering the national stage amend that paragraph to reference any system or on one or more read-only in the United States having an ‘‘Sequence Listing XML’’ in compliance optical discs. There would be no international filing date on or after with § 1.831(a). § 1.77(b)(5)(iii). January 1, 2022. Specifically, the
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proposed amendment indicates that a drawings, or sequence listing that is from the ‘‘Sequence Listing XML’’ must ‘‘Sequence Listing’’ need not be prior to the date of mailing of either an be identifying the same sequence. translated for national stage entry if the action under 35 U.S.C. 132 or a notice Section 1.831(d) is proposed to be ‘‘Sequence Listing’’ complies with PCT of allowance under 35 U.S.C. 151, added to define the expression Rule 12.1(d) and the description whichever occurs first. ‘‘enumeration of its residues,’’ complies with PCT Rule 5.2(b) for Section 1.831: Section 1.831 is consistent with the definition in applications having an international proposed to be added to require that Paragraph 3(c) of WIPO Standard ST.26 filing date before January 1, 2022. patent applications having disclosures itself (which is incorporated by However, the proposed amendment of nucleotide and amino acid sequences, reference herein). indicates that a ‘‘Sequence Listing’’ in as those terms are defined in the rule, Section 1.831(e) is proposed to be XML format must be translated for must contain, as a separate part of the added to define the expression national stage entry if a ‘‘Sequence disclosure, a ‘‘Sequence Listing XML’’ ‘‘specifically defined,’’ consistent with Listing’’ in XML format was submitted for patent applications having a filing the definition in Paragraph 3(m) of in an international application with date on or after January 1, 2022. WIPO Standard ST.26 (2020). non-English language values for the Section 1.831(a) is proposed to be Section 1.831(f) is proposed to be invention title and/or any language- added to specify that the ‘‘Sequence added to define the expression ‘‘amino dependent free text qualifiers and has Listing XML’’ uses the symbols and acid,’’ consistent with the definition in an international filing date on or after format in accordance with the Paragraph 3(a) of WIPO Standard ST.26 January 1, 2022. requirements of §§ 1.832 through 1.834. (2020). Section 1.831(g) is proposed to be Section 1.530: The heading of Section 1.831(b)(1) and (2) are § 1.530(d)(1) was proposed to be added to define the expression proposed to be added to define the ‘‘modified amino acid,’’ consistent with amended in another rulemaking that nucleotide and amino acid sequences published at 86 FR 28301 (May 26, the definition in Paragraph 3(g) of WIPO that are encompassed by the rule for Standard ST.26 (2020). 2021). This proposed rule would further which a ‘‘Sequence Listing XML’’ is amend that heading to include Section 1.831(h) is proposed to be needed. Specifically, nucleotide and/or ‘ ‘‘Sequence Listing XML’ (§ 1.831(a)).’’ added to define the expression amino acid sequences as used in these Section 1.530(d)(1)(i) was proposed to ‘‘nucleotide,’’ consistent with be added in another rulemaking that proposed rules encompass: An Paragraphs 3(h) and 3(i) of WIPO published at 86 FR 28301 (May 26, unbranched sequence or linear region of Standard ST.26 (2020). 2021). This proposed rule would further a branched sequence containing four or Section 1.831(i) is proposed to be amend that paragraph to add an more specifically defined amino acids, added to define the expression exception to reexamination amendment wherein the amino acids form a single ‘‘modified nucleotide,’’ consistent with practice for a ‘ ‘‘Sequence Listing XML’ peptide backbone or an unbranched Paragraph 3(h) of WIPO Standard ST.26 (§ 1.831(a)).’’ sequence or linear region of a branched (2020). Section 1.530(d)(1)(ii) was proposed sequence of 10 or more specifically Section 1.832: Section 1.832 is to be added in another rulemaking that defined nucleotides, wherein adjacent proposed to be added to provide the published at 86 FR 28301 (May 26, nucleotides are joined by: A 3’ to 5’ (or manner in which a nucleotide and/or 2021). This proposed rule would further 5’ to 3’) phosphodiester linkage or, for amino acid sequence is presented in the amend that paragraph to provide that nucleotide analogs, any chemical bond ‘‘Sequence Listing XML’’ part of a changes to a ‘‘Sequence Listing XML’’ that results in an arrangement of patent application having a filing date must be made in accordance with adjacent nucleobases that mimics the on or after January 1, 2022. § 1.835. arrangement of nucleobases in naturally Section 1.832(a) is proposed to be Section 1.704: Section 1.704(f) is occurring nucleic acids. added to define the requirements for proposed to be amended to add a Section 1.831(c) is proposed to be representation of sequences in a ‘‘Sequence Listing XML’’ in compliance added to state that, where the ‘‘Sequence Listing XML’’ part of the with §§ 1.831 through 1.835 (if description or claims of a patent application. Specifically, each applicable) to the list of items that are application discuss a sequence that is nucleotide and/or amino acid sequence required for an application filed under set forth in the ‘‘Sequence Listing XML’’ presented in the ‘‘Sequence Listing 35 U.S.C. 111(a) to be in condition for in accordance with paragraph (a) of this XML’’ must be assigned a separate examination for purposes of calculating section, reference must be made to the sequence identifier, and the sequence a reduction in patent term adjustment. sequence by use of the sequence identifiers must begin with the number The amendment also proposes to add a identifier, preceded by SEQ ID NO: Or 1, and increase sequentially by integers ‘‘Sequence Listing XML’’ in compliance the like in the text of the description or as defined in Paragraph 10 of WIPO with §§ 1.831 through 1.835 (if claims, even if the sequence is also Standard ST.26 (2020). applicable) to the list of items that must embedded in the text of the description Section 1.832(b)(1) through (4) are be submitted in an international or claims of the patent application. The proposed to be added to define the application for such an application to be use of SEQ ID NO: Is preferred but requirements for representation of in condition for examination when the including ‘‘or the like’’ is intended to nucleotide sequence data in the application has entered the national ensure that a formalities notice is not ‘‘Sequence Listing XML.’’ Specifically, a stage as defined in § 1.491(b). Lastly, the sent when an application uses, for nucleotide sequence must be rule is also proposed to be amended to example, ‘‘SEQ NO.’’ or ‘‘Seq. Id. No.’’ represented in the manner described in add a ‘‘Sequence Listing XML’’ in or any similar identification of an amino Paragraphs 11–12 of WIPO Standard compliance with §§ 1.831 through 1.835 acid or nucleotide sequence in the ST.26 (2020). All nucleotides, including (if applicable) to the current list of items specification or claims where it is clear nucleotide analogs, modified for which an application is considered that a sequence from the ‘‘Sequence nucleotides, ‘‘unknown’’ nucleotides in to be in compliance, for purposes of Listing XML’’ is shown in the a nucleotide sequence must be determining a patent term adjustment specification or claims. In identifying represented and described using reduction, on the filing date of the latest the sequence in the description or symbols in the manner described in reply (if any) correcting the papers, claims, the numeric sequence identifier Paragraphs 13–19 and 21 of WIPO
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Standard ST.26 (2020). For a region Section 1.833(b)(1) is proposed to be must: (1) Have the following containing a known number of added to require that the ‘‘Sequence compatibilities: (i) Computer contiguous ‘‘a’’, ‘‘c’’, ‘‘g’’, ‘‘t’’, or ‘‘n’’ Listing XML’’ must be valid according compatibility: PC or Mac®; and (ii) residues for which the same description to the DTD as presented in Annex II of operating system compatibility (e.g., applies, the entire region may be jointly WIPO Standard ST.26 (2020). MS–DOS®, MS-Windows®, Mac OS®, or described as provided in Paragraph 22 Section 1.833(b)(2) is proposed to be Unix®/Linux®); (2) be in XML format, of WIPO Standard ST.26 (2020). added to require that a ‘‘Sequence where all permitted printable characters Section 1.832(c)(1) through (4) are Listing XML’’ must comply with the list (including the space character) and non- proposed to be added to define the of items enumerated in (i)–(v) which are printable (control) characters are requirements for representation of found in WIPO Standard ST.26 (2020). defined in Paragraph 40 of WIPO amino acid sequence data in the Section 1.833(b)(2)(i) is proposed to Standard ST.26 (2020); and (3) be ‘‘Sequence Listing XML.’’ Specifically, be added to require that the ‘‘Sequence named as *.xml, where ‘‘*’’ is one an amino acid sequence must be Listing XML’’ contain an XML character or a combination of characters represented in the manner described in declaration as defined in WIPO limited to upper- or lowercase letters, Paragraphs 24–25 of WIPO Standard Standard ST.26 (2020), Paragraph 39. numbers, hyphens, and underscores and ST.26 (2020). All amino acids, including Section 1.833(b)(2)(ii) is proposed to the name does not exceed 60 characters modified amino acids and ‘‘unknown’’ be added to require that the ‘‘Sequence in total, excluding the extension. No amino acids, in an amino acid sequence Listing XML’’ contain a document type spaces or other types of characters are must be represented and described declaration as defined in WIPO permitted in the file name. using symbols in the manner described Standard ST.26 (2020), Paragraph 39. Section 1.834(b) is proposed to be in Paragraphs 24–30 and 32 of WIPO Section 1.833(b)(2)(iii) is proposed to added to require that the ‘‘Sequence Standard ST.26 (2020). For a region be added to require that the ‘‘Sequence Listing XML’’ must be in a single file containing a known number of Listing XML’’ contain a root element as containing the sequence information contiguous ‘‘X’’ residues for which the defined in WIPO Standard ST.26 (2020), and be submitted either: (1) same description applies, the entire Paragraph 43. Electronically via the USPTO patent region may be jointly described as Section 1.833(b)(2)(iv) is proposed to electronic filing system, where the file provided in Paragraph 34 of WIPO be added to require that the ‘‘Sequence size must not exceed 100 MB and file Standard ST.26 (2020). Listing XML’’ contain a general compression is not permitted; or (2) on information part that complies with Section 1.832(d) is proposed to be read-only optical disc(s) in compliance WIPO Standard ST.26 (2020), added to define the manner in which a with § 1.52(e), where (i) a file that is not Paragraphs 45, 47 and 48, as applicable. single continuous sequence, derived compressed must be contained on a Section 1.833(b)(2)(v) is proposed to single read-only optical disc, (ii) the file from one or more non-contiguous be added to require that the ‘‘Sequence may be compressed using WinZip®, 7- segments of a larger sequence, or from Listing XML’’ contain a sequence data Zip, or Unix®/Linux® Zip, (iii) a segments of different sequences, must part that complies with WIPO Standard compressed file must not be self- be represented, as described in ST.26 (2020), Paragraphs 50–55, 57–58, extracting, and (iv) a compressed XML Paragraph 35 of WIPO Standard ST.26 60–69, 71–78, 80–87, 89–98 and 100, as file that does not fit on a single read- (2020). applicable. only optical disc may be split into Section 1.832(e) is proposed to be Section 1.833(b)(3) is proposed to be multiple file parts in accordance with added to define the manner in which a added to require that the ‘‘Sequence the target read-only optical disc size and nucleotide and/or amino acid sequence Listing XML’’ contains at least one labeled in compliance with that contains regions of specifically InventionTitle element, as set forth in § 1.52(e)(5)(vi). defined residues separated by one or WIPO Standard ST.26 at Paragraphs 45 Section 1.835: Section 1.835 is more regions of contiguous ‘‘n’’ or ‘‘X’’ and 48, in the English language since proposed to be added to provide the residues of specified length must be English is required under § 1.52(b)(1)(ii). requirements for submission of an represented, as described in Paragraph Section 1.833(b)(4) is proposed to be amendment to add or replace a 36 of WIPO Standard ST.26 (2020). added to require that an INSDQualifier_ ‘‘Sequence Listing XML’’ for Section 1.832(f) is proposed to be value element includes a value for that applications filed on or after January 1, added to define the manner in which element in the English language for each 2022. nucleotide and/or amino acid sequence language-dependent free text qualifier in Section 1.835(a) is proposed to be that contains regions of specifically the ‘‘Sequence Listing XML,’’ as added to require that any amendment to defined residues separated by one or required by § 1.52(b)(1)(ii), and where a patent application adding an initial more gaps of an unknown or an INSDQualifier_value element is submission of a ‘‘Sequence Listing undisclosed number of residues must be defined in WIPO Standard ST.26 (2020), XML’’ as required by § 1.831(a) after the represented, as described in Paragraph Paragraphs 76 and 85–88. application filing date must include: (1) 37 of WIPO Standard ST.26 (2020). Section 1.834: Section 1.834 is A ‘‘Sequence Listing XML’’ file Section 1.833: Section 1.833 is proposed to be added to provide details submitted either (i) via the USPTO proposed to be added to describe the on the form and format for nucleotide patent electronic filing system or (ii) on requirements for a ‘‘Sequence Listing and/or amino acid sequence a read-only optical disc in compliance XML,’’ which is required by § 1.831(a) submissions as the ‘‘Sequence Listing with § 1.52(e); (2) an instruction to for patent applications with a filing date XML’’ in patent applications filed on or amend the specification to include an on or after January 1, 2022, in order to after January 1, 2022. incorporation by reference statement of comply with WIPO Standard ST.26 Section 1.834(a) is proposed to be the material in the ‘‘Sequence Listing (2020). added to indicate that a ‘‘Sequence XML’’ file, identifying the name of the Section 1.833(a) is proposed to be Listing XML’’ in Unicode UTF–8 file, the date of creation, and the size of added to require that the ‘‘Sequence created by any means (e.g., text editors, the file in bytes (see § 1.77(b)(5)(ii)), Listing XML’’ must be presented as a nucleotide/amino acid sequence editors, except when submitted to the United single XML 1.0 file and encoded using or other custom computer programs) in States International Preliminary Unicode UTF–8. accordance with §§ 1.831 through 1.833 Examining Authority for an
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international application; (3) a Section 1.835(d)(1) is proposed to be such a requirement or otherwise, a statement that indicates the basis for the added to provide that when any of the sequence listing which is a ‘‘Sequence amendment, with specific references to requirements of §§ 1.831 through 1.834 Listing XML’’ in accordance with particular parts of the application as is not satisfied in an application under § 1.831(a). The ‘‘Sequence Listing XML’’ originally filed (specification, claims, 35 U.S.C. 111(a) or in a national stage must be accompanied by a statement drawings) for all sequence data in the application under 35 U.S.C. 371, the that the information recorded does not ‘‘Sequence Listing XML’’; and (4) a applicant will be notified and given a go beyond the disclosure in the statement that the ‘‘Sequence Listing period of time within which to comply international application as filed. It XML’’ includes no new matter. with such requirements in order to must also be accompanied by the late Section 1.835(b) is proposed to be prevent abandonment of the furnishing fee set forth in § 1.445(a)(5). added to require that any amendment application. The proposed rule indicates If the applicant fails to timely provide adding to, deleting from or replacing that subject to § 1.835(d)(2), any the required ‘‘Sequence Listing XML, ’’ sequence information in a ‘‘Sequence amendment to add or replace a the United States International Listing XML’’ submitted as required by ‘‘Sequence Listing XML’’ in reply to a Searching Authority shall search only to § 1.831(a) must include: (1) A requirement under this paragraph must the extent that a meaningful search can replacement ‘‘Sequence Listing XML’’ be submitted in accordance with the be performed without the ‘‘Sequence containing the entire ‘‘Sequence Listing requirements of § 1.835(a) through (c). Listing XML,’’ and the United States XML,’’ including any additions, Section 1.835(d)(2) is proposed to be International Preliminary Examining deletions, or replacements of sequence added to explicitly provide that Authority shall examine only to the information, and shall be submitted compliance with § 1.835(a) through (c) extent that a meaningful examination either (i) via the USPTO patent is not required for submission of a can be performed without the electronic filing system, or (ii) on a read- ‘‘Sequence Listing XML’’ that is solely ‘‘Sequence Listing XML.’’ only optical disc, in compliance with an English translation of a previously Section 1.835(f) is proposed to be § 1.52(e) labeled as ‘‘REPLACEMENT submitted ‘‘Sequence Listing XML’’ that added to provide that any appropriate MM/DD/YYYY’’ (with the month, day, contains non-English values for the amendments to the ‘‘Sequence Listing and year of creation indicated); (2) an invention title (as per § 1.833(b)(3)) and/ XML’’ in a patent (e.g., by reason of instruction to amend the specification to or any language-dependent free text reissue, reexamination, or certificate of include an incorporation by reference elements (as per § 1.833(b)(4)). The correction) must comply with the required submission will be a translated requirements of paragraph (b) of this statement of the material in the ‘‘Sequence Listing XML’’ in compliance section. replacement ‘‘Sequence Listing XML’’ with §§ 1.831 through 1.834. Updated Section 1.839: Section 1.839 is file that identifies the name of the file, values for attributes in the root element proposed to be added to provide the the date of creation, and the size of the (§ 1.833(b)(2)(iii)) or elements of the location of WIPO Standard ST.26 (2020) file in bytes (see § 1.77(b)(5)(ii)), except general information part that is being incorporated by reference. when the replacement ‘‘Sequence (§ 1.833(b)(2)(iv)) are not considered Listing XML’’ is submitted to the United III. Rulemaking Considerations amendments for purposes of complying States International Preliminary with § 1.835(a) through (c). Even though A. Administrative Procedure Act: The Examining Authority for an §§ 1.52(b)(1)(ii) and 1.495(c)(1)(i) changes proposed in this rulemaking international application; (3) a require a translation for applications involve rules of agency practice and statement that identifies the location of filed under 111(a) and for those entering procedure, and/or interpretive rules. See all additions, deletions or replacements the national stage, respectively, this Bachow Commc’ns Inc. v. FCC, 237 F.3d of sequence information relative to the proposed rule makes explicit that when 683, 690 (D.C. Cir. 2001) (rules replaced ‘‘Sequence Listing XML’’; (4) a a translated ‘‘Sequence Listing XML’’ is governing an application process are statement that indicates the support for provided as a reply to a notice that the procedural under the Administrative the additions, deletions or replacements ‘‘Sequence Listing XML’’ contains non- Procedure Act); Inova Alexandria Hosp. of the sequence information, with English values for the invention title v. Shalala, 244 F.3d 342, 350 (4th Cir. specific references to particular parts of and/or any language-dependent free text 2001) (rules for handling appeals are the application as originally filed elements, and the translation does not procedural where they do not change (specification, claims, drawings) for all include deletions, additions or the substantive standard for reviewing amended sequence data in the replacement of sequence information, claims); Nat’l Org. of Veterans’ replacement ‘‘Sequence Listing XML’’; the translated ‘‘Sequence Listing XML’’ Advocates v. Sec’y of Veterans Affairs, and (5) a statement that the replacement need not comply with the requirements 260 F.3d 1365, 1375 (Fed. Cir. 2001) ‘‘Sequence Listing XML’’ includes no for an amended ‘‘Sequence Listing (rule that clarifies interpretation of a new matter. XML’’ as set forth in § 1.835(a) through statute is interpretive). Section 1.835(c) is proposed to be (c). Accordingly, prior notice and added to require that the specification of Section 1.835(e) is proposed to be opportunity for public comment for the a complete application with a added to provide that when any of the changes proposed in this rulemaking are ‘‘Sequence Listing XML’’ as required requirements of §§ 1.831 through 1.834 not required pursuant to 5 U.S.C. 553(b) under § 1.831(a) present on the are not satisfied at the time of filing an or (c), or any other law. See Cooper application filing date but without an international application under the PCT Techs. Co. v. Dudas, 536 F.3d 1330, incorporation by reference of the where the application is to be searched 1336–37 (Fed. Cir. 2008) (stating that 5 material contained in the ‘‘Sequence by the United States International U.S.C. 553, and thus 35 U.S.C. Listing XML’’ file must be amended to Searching Authority or examined by the 2(b)(2)(B), do not require notice and contain a separate paragraph United States International Preliminary comment rulemaking for ‘‘interpretative incorporating by reference the material Examining Authority, the applicant may rules, general statements of policy, or contained in the ‘‘Sequence Listing be sent a notice calling for compliance rules of agency organization, procedure, XML’’ file, in accordance with with the requirements within a or practice’’ (quoting 5 U.S.C. § 1.77(b)(5)(ii), except for international prescribed time period. Under PCT Rule 553(b)(A))). However, the USPTO has applications. 13ter, applicant can provide, in reply to chosen to seek public comment before
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implementing the rule to benefit from with processing paper sequence listings rulemaking is not likely to have a the public’s input. and performing necessary checks on the significant adverse effect on the supply, B. Regulatory Flexibility Act: Under contents of the paper documents. This distribution, or use of energy. Therefore, the Regulatory Flexibility Act (5 U.S.C. rulemaking’s proposed changes are a Statement of Energy Effects is not 601 et seq.), whenever an agency is largely procedural in nature, and do not required under Executive Order 13211 required by 5 U.S.C. 553 (or any other impose any additional requirements or (May 18, 2001). law) to publish a notice of proposed fees on applicants. For the foregoing H. Executive Order 12988 (Civil rulemaking (NPRM), the agency must reasons, the changes proposed in this Justice Reform): This rulemaking meets prepare and make available for public NPRM will not have a significant applicable standards to minimize comment an Initial Regulatory economic impact on a substantial litigation, eliminate ambiguity, and Flexibility Analysis, unless the agency number of small entities. reduce burden as set forth in sections certifies under 5 U.S.C. 605(b) that the C. Executive Order 12866 (Regulatory 3(a) and 3(b)(2) of Executive Order proposed rule, if implemented, will not Planning and Review): This rulemaking 12988 (Feb. 5, 1996). have a significant economic impact on has been determined to be not I. Executive Order 13045 (Protection a substantial number of small entities. 5 significant for purposes of Executive of Children): This rulemaking does not U.S.C. 603, 605. Order 12866 (Sept. 30, 1993). concern an environmental risk to health For the reasons set forth herein, the D. Executive Order 13563 (Improving or safety that may disproportionately Senior Counsel for Regulatory and Regulation and Regulatory Review): The affect children under Executive Order Legislative Affairs of the USPTO has USPTO has complied with Executive 13045 (Apr. 21, 1997). certified to the Chief Counsel for Order 13563 (Jan. 18, 2011). J. Executive Order 12630 (Taking of Advocacy of the Small Business Specifically, to the extent feasible and Private Property): This rulemaking will Administration that this rule will not applicable, the USPTO has (1) not effect a taking of private property or have a significant economic impact on reasonably determined that the benefits otherwise have taking implications a substantial number of small entities. of the rule justify its costs; (2) tailored under Executive Order 12630 (Mar. 15, See 5 U.S.C. 605(b). the rule to impose the least burden on 1988). The USPTO proposes to amend the society consistent with obtaining the K. Congressional Review Act: Under rules of practice to require submission agency’s regulatory objectives; (3) the Congressional Review Act of biological sequence data in selected a regulatory approach that provisions of the Small Business eXtensible Markup Language where the maximizes net benefits; (4) specified Regulatory Enforcement Fairness Act of rules of practice incorporate by performance objectives; (5) identified 1996 (5 U.S.C. 801 et seq.), prior to reference WIPO Standard ST.26, and assessed available alternatives; (6) issuing any final rule, the USPTO will ‘‘Recommended Standard for the involved the public in an open submit a report containing the final rule Presentation of Nucleotide and Amino exchange of information and and other required information to the Acid Sequence Listings Using XML perspectives among experts in relevant United States Senate, the United States (eXtensible Markup Language)’’ as disciplines, affected stakeholders in the House of Representatives, and the disclosed in the WIPO Handbook on private sector, and the public as a Comptroller General of the Government Industrial Property Information and whole, and provided online access to Accountability Office. The changes in Documentation. the rulemaking docket; (7) attempted to this rulemaking are not expected to This rulemaking would make more promote coordination, simplification, result in an annual effect on the technical data associated with and harmonization across government economy of $100 million or more, a biotechnology inventions available to agencies and identified goals designed major increase in costs or prices, or the public because the new rules of to promote innovation; (8) considered significant adverse effects on practice based on WIPO Standard ST.26 approaches that reduce burdens while competition, employment, investment, (2020) provide for enhanced biological maintaining flexibility and freedom of productivity, innovation, or the ability sequence data related to disclosures of choice for the public; and (9) ensured of United States-based enterprises to nucleotides and amino acids in patent the objectivity of scientific and compete with foreign-based enterprises applications. WIPO Standard ST.26 technological information and in domestic and export markets. provides clear rules as to what must be processes. Therefore, this rulemaking is not included in a sequence listing and how E. Executive Order 13132 expected to result in a ‘‘major rule’’ as sequences must be represented, for (Federalism): This rulemaking does not defined in 5 U.S.C. 804(2). example, standardization of contain policies with federalism L. Unfunded Mandates Reform Act of representation of modified nucleic acids implications sufficient to warrant 1995: The changes set forth in this and amino acids as well as variants preparation of a Federalism Assessment rulemaking do not involve a Federal derived from primary sequences. WIPO under Executive Order 13132 (Aug. 4, intergovernmental mandate that will Standard ST.26 contains a guidance 1999). result in the expenditure by State, local, document that demonstrates the F. Executive Order 13175 (Tribal and tribal governments, in the aggregate, requirement for inclusion and Consultation): This rulemaking will not of $100 million (as adjusted) or more in representation of biological sequence (1) have substantial direct effects on one any one year, or a Federal private sector data. As a result, patent applicants will or more Indian tribes; (2) impose mandate that will result in the have a clearer understanding as to the substantial direct compliance costs on expenditure by the private sector of requirements and presentation of Indian tribal governments; or (3) $100 million (as adjusted) or more in biological sequence data in a compliant preempt tribal law. Therefore, a tribal any one year, and will not significantly sequence listing under WIPO Standard summary impact statement is not or uniquely affect small governments. ST.26. Additionally, since WIPO required under Executive Order 13175 Therefore, no actions are necessary Standard ST.26 only allows XML (Nov. 6, 2000). under the provisions of the Unfunded format, applicants will not be burdened G. Executive Order 13211 (Energy Mandates Reform Act of 1995. See 2 or confused with the requirements of Effects): This rulemaking is not a U.S.C. 1501 et seq. filing a sequence listing in paper or PDF significant energy action under M. National Environmental Policy Act format, and IPOs will not be burdened Executive Order 13211 because this of 1969: This rulemaking will not have
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any effect on the quality of the P. E-Government Act Compliance: Listing’’ or Computer Readable Form environment and is thus categorically The USPTO is committed to compliance (CRF) of a ‘‘Sequence Listing,’’ and excluded from review under the with the E-Government Act to promote § 1.835(b) for a ‘‘Sequence Listing National Environmental Policy Act of the use of the internet and other XML.’’ 1969. See 42 U.S.C. 4321 et seq. information technologies, to provide * * * * * N. National Technology Transfer and increased opportunities for citizen (f) * * * Advancement Act of 1995: The access to Government information and (1) Submission on read-only optical requirements of section 12(d) of the services, and for other purposes. discs. The application size fee required by § 1.16(s) or § 1.492(j), for an National Technology Transfer and List of Subjects in 37 CFR Part 1 Advancement Act of 1995 (15 U.S.C. application component submitted in 272 note) are not applicable because this Administrative practice and part on a read-only optical disc in rulemaking does not contain provisions procedure, Biologics, Courts, Freedom compliance with paragraph (e) of this that involve the use of technical of information, Incorporation by section, shall be determined such that standards. reference, Inventions and patents, each three kilobytes of content O. Paperwork Reduction Act of 1995: Reporting and recordkeeping submitted on a read-only optical disc The Paperwork Reduction Act of 1995 requirements, Small businesses. shall be counted as a sheet of paper. (44 U.S.C. 3501–3549) requires that the For the reasons stated in the preamble Excluded from this determination is any USPTO consider the impact of and under the authority contained in 35 ASCII plain text file or any XML file (as paperwork and other information U.S.C. 2, as amended, the USPTO applicable) submitted on a read-only collection burdens imposed on the proposes to further amend 37 CFR part optical disc under paragraph (e) of this public. In accordance with section 1 (as proposed to be amended at 86 FR section containing: 3507(d) of the Paperwork Reduction Act 28301 (May 26, 2021)) as follows: (i) Any ‘‘Sequence Listing’’ or CRF of of 1995, the majority of the paperwork a ‘‘Sequence Listing’’ in compliance and other information collection PART 1—RULES OF PRACTICE IN with § 1.821(c) or (e), or any ‘‘Sequence burdens discussed in this proposed rule PATENT CASES Listing XML’’ in compliance with have already been approved under the § 1.831(a); or ■ 1. The authority citation for 37 CFR following Office of Management and * * * * * part 1 continues to read as follows: Budget (OMB) Control Numbers: 0651– (2) Submission via the USPTO patent 0024 (Sequence Listing), 0651–0031 Authority: 35 U.S.C. 2(b)(2), unless electronic filing system. The application (Patent Processing), 0651–0032 (Initial otherwise noted. size fee required by § 1.16(s) or Patent Applications), and 0651–0064 ■ 2. Section 1.52 is amended by: § 1.492(j), for an application submitted (Patent Reexaminations and ■ a. Revising paragraph (e)(1)(ii); in whole or in part via the USPTO Supplemental Examinations). ■ b. Removing the period at the end of patent electronic filing system, shall be Modifications to 0651–0024 because paragraph (e)(3)(iii) and adding ‘‘; and’’ determined such that the paper size of this proposed rulemaking will be in its place; equivalent will be considered to be 75% submitted to OMB for approval prior to ■ c. Adding paragraph (e)(3)(iv); and of the number of sheets of paper present this rule becoming effective. ■ d. Revising paragraphs (e)(7), (f)(1) in the specification and drawings of the Modifications include the removal of introductory text, (f)(1)(i), (f)(2) application when entered into the Office records after being rendered by the the Sequence Listing in Application introductory text, (f)(2)(i), and (f)(3). USPTO patent electronic filing system. (paper), which will result in a reduction The revisions and addition read as Excluded from this determination is any in burden associated with this follows: ASCII plain text file or any XML file (as information collection. The USPTO applicable) submitted via the USPTO estimates that this information § 1.52 Language, paper, writing, margins, read-only optical disc specifications. patent electronic filing system collection’s annual burden will decrease * * * * * containing: by 5,000 responses and 30,000 burden (i) Any ‘‘Sequence Listing’’ or CRF of hours. These burden estimates are based (e) * * * (1) * * * a ‘‘Sequence Listing,’’ in compliance on the current OMB approved burdens with § 1.821(c) or (e) or any ‘‘Sequence (response volumes) associated with this (ii) A ‘‘Sequence Listing’’ (submitted under § 1.821(c) in compliance with Listing XML’’ in compliance with information collection, which may be § 1.831(a); or different from any forecasts mentioned § 1.824) or a ‘‘Sequence Listing XML’’ in other parts of this proposed rule. (submitted under § 1.831(a) in * * * * * compliance with §§ 1.832 through (3) Oversized submission. Any The changes discussed in this submission of a ‘‘Sequence Listing’’ in proposed rule do not affect the 1.834); or * * * * * electronic form or a ‘‘Sequence Listing information collection requirements or XML’’ of 300 MB–800 MB filed in an burdens associated with 0651–0031, (3) * * * (iv) The contents of each read-only application under 35 U.S.C. 111 or 371 0651–0032 and 0651–0064 listed above; will be subject to the fee set forth in therefore, the USPTO does not plan to optical disc for a ‘‘Sequence Listing XML’’ must be in XML file format, and § 1.21(o)(1). Any submission of a take any additional actions on these ‘‘Sequence Listing’’ in electronic form or information collections as a result of if compressed, must be compressed in accordance with § 1.834. a ‘‘Sequence Listing XML’’ that exceeds this rulemaking. Notwithstanding any 800 MB filed in an application under 35 other provision of law, no person is * * * * * U.S.C. 111 or 371 will be subject to the required to respond to, nor shall a (7) Any amendment to the fee set forth in § 1.21(o)(2). person be subject to a penalty for failure information on a read-only optical disc ■ 3. Section 1.53 is amended by revising to comply with, a collection of must be by way of a replacement read- paragraph (c)(4) to read as follows: information subject to the requirements only optical disc, in compliance with of the Paperwork Reduction Act unless § 1.58(g) for ‘‘Large Tables,’’ § 1.96(c)(5) § 1.53 Application number, filing date, and that collection of information has a for a ‘‘Computer Program Listing completion of application. currently valid OMB control number. Appendix,’’ § 1.825(b) for a ‘‘Sequence * * * * *
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(c) * * * specification, in the manner specified in ■ 7. Section 1.211 is amended by (4) A provisional application is not this section. revising paragraph (c) to read as follows; entitled to the right of priority under 35 * * * * * § 1.211 Publication of applications. U.S.C. 119, 365(a), or 386(a) or § 1.55, or (6) ‘‘Large Tables,’’ a ‘‘Computer to the benefit of an earlier filing date Program Listing Appendix,’’ a * * * * * under 35 U.S.C. 120, 121, 365(c), or ‘‘Sequence Listing,’’ or a ‘‘Sequence (c) An application filed under 35 386(c) or § 1.78 of any other application. Listing XML.’’ Changes to ‘‘Large U.S.C. 111(a) will not be published until No claim for priority under 35 U.S.C. Tables,’’ a ‘‘Computer Program Listing it includes the basic filing fee (§ 1.16(a) 119(e) or § 1.78(a) may be made in a Appendix,’’ a ‘‘Sequence Listing,’’ or a or (c)) and any English translation design application based on a ‘‘Sequence Listing XML’’ must be made required by § 1.52(d). The Office may provisional application. A provisional in accordance with § 1.58(g) for ‘‘Large delay publishing any application until it application disclosing nucleotide and/or Tables,’’ § 1.96(c)(5) for a ‘‘Computer includes any application size fee amino acid sequences is not required to Program Listing Appendix,’’ § 1.825 for required by the Office under § 1.16(s) or include a separate sequence listing; a ‘‘Sequence Listing,’’ and § 1.835 for a § 1.492(j), a specification having papers however, if submitted in a provisional ‘‘Sequence Listing XML.’’ in compliance with § 1.52 and an application filed on or after January 1, abstract (§ 1.72(b)), drawings in * * * * * compliance with § 1.84, a ‘‘Sequence 2022, any submission of biological ■ 6. Section 1.173 is amended by Listing’’ in compliance with §§ 1.821 sequence data must be a ‘‘Sequence revising paragraphs (b)(1) and (d) through 1.825 (if applicable) for an Listing XML’’ in compliance with introductory text to read as follows: §§ 1.831 through 1.834. application filed before January 1, 2022, * * * * * § 1.173 Reissue specification, drawings, a ‘‘Sequence Listing XML’’ in ■ 4. Section 1.77 is amended by revising and amendments. compliance with §§ 1.831 through 1.835 paragraph (b)(5) to read as follows: * * * * * (if applicable) for an application filed on (b) * * * or after January 1, 2022, and the § 1.77 Arrangement of application (1) Specification other than the inventor’s oath or declaration or elements. claims, ‘‘Large Tables’’ (§ 1.58(c)), a application data sheet containing the * * * * * ‘‘Computer Program Listing Appendix’’ information specified in § 1.63(b). (b) * * * (§ 1.96(c)), a ‘‘Sequence Listing’’ * * * * * (5) An incorporation by reference (§ 1.821(c)) or a ‘‘Sequence Listing XML’’ ■ 8. Section 1.495 is amended by statement regarding the material on the: (§ 1.831(a)). (i) Changes to the revising paragraph (c)(5) to read as (i) One or more ASCII plain text files, specification, other than to the claims, follows: submitted via the USPTO patent ‘‘Large Tables’’ (§ 1.58(c)), a ‘‘Computer electronic filing system or on one or Program Listing Appendix’’ (§ 1.96(c)), a § 1.495 Entering the national stage in the United States of America. more read-only optical discs (see ‘‘Sequence Listing’’ (§ 1.821(c)) or a § 1.52(e)(8)), identifying the names of ‘‘Sequence Listing XML’’ (§ 1.831(a)), * * * * * each file, the date of creation of each must be made by submission of the (c) * * * file, and the size of each file in bytes, entire text of an added or rewritten (5) Translations of a ‘‘Sequence for the following document types: paragraph, including markings pursuant Listing:’’ For international applications (A) A ‘‘Computer Program Listing to paragraph (d) of this section, except having an international filing date Appendix’’ (see § 1.96(c)); that an entire paragraph may be deleted before January 1, 2022, a ‘‘Sequence (B) A ‘‘Sequence Listing’’ (see by a statement deleting the paragraph, Listing’’ need not be translated if the § 1.821(c)); or without presentation of the text of the ‘‘Sequence Listing’’ complies with PCT (C) ‘‘Large Tables’’ (see § 1.58(c)). paragraph. The precise point in the Rule 12.1(d) and the description (ii) eXtensible Markup Language specification where any added or complies with PCT Rule 5.2(b). For (XML) file of the Sequence Listing rewritten paragraph is located must be international applications having an (‘‘Sequence Listing XML’’), submitted identified. international filing date on or after via an USPTO patent electronic filing (ii) Changes to ‘‘Large Tables,’’ a January 1, 2022, for purposes of system or on one or more read-only ‘‘Computer Program Listing Appendix,’’ paragraph (c)(1)(i) of this section, an optical discs (see § 1.52(e)(8)), a ‘‘Sequence Listing,’’ or a ‘‘Sequence English translation is required for any identifying the names of each file, the Listing XML’’ must be made in ‘‘Sequence Listing’’ in XML format date of creation of each file, and the size accordance with § 1.58(g) for ‘‘Large containing non-English language values of each file in bytes (§ 1.831(a)). Tables,’’ § 1.96(c)(5) for a ‘‘Computer for the invention title/and or any * * * * * Program Listing Appendix,’’ § 1.825 for language-dependent free text qualifiers ■ 5. Section 1.121 is amended by a ‘‘Sequence Listing,’’ and § 1.835 for a in accordance with §§ 1.831 through revising paragraphs (b) introductory text ‘‘Sequence Listing XML’’. 1.834. and (b)(6) read as follows: * * * * * * * * * * ■ § 1.121 Manner of making amendments in (d) Changes shown by markings. Any 9. Section 1.530 is amended by applications. changes relative to the patent being revising paragraph (d)(1) to read as * * * * * reissued that are made to the follows: (b) Specification. Amendments to the specification, including the claims but § 1.530 Statement by patent owner in ex specification, other than the claims, excluding ‘‘Large Tables,’’ a ‘‘Computer parte reexamination; amendment by patent ‘‘Large Tables’’ (§ 1.58(c)), a ‘‘Computer Program Listing Appendix,’’ a owner in ex parte or inter partes Program Listing Appendix’’ (§ 1.96(c)(5) ‘‘Sequence Listing,’’ or a ‘‘Sequence reexamination; inventorship change in ex and (7)), a ‘‘Sequence Listing’’ or CRF Listing XML’’, upon filing or by an parte or inter partes reexamination. (§ 1.825), or ‘‘Sequence Listing XML’’s amendment paper in the reissue * * * * * (§ 1.835), must be made by adding, application, must include the following (d) * * * deleting, or replacing a paragraph, by markings: (1) Specification other than the replacing a section, or by a substitute * * * * * claims, ‘‘Large Tables’’ (§ 1.58(c)), a
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‘‘Computer Program Listing Appendix’’ §§ 1.821 through 1.825 (if applicable), a sequence information of the nucleotides (§ 1.96(c)), a ‘‘Sequence Listing’’ ‘‘Sequence Listing XML’’ in compliance and/or amino acids disclosed in the (§ 1.821(c)) or a ‘‘Sequence Listing XML with §§ 1.831 through 1.835 (if patent application using the symbols (§ 1.831(a)). (i) Changes to the applicable), the inventor’s oath or and format in accordance with the specification, other than to the claims, declaration or an application data sheet requirements of §§ 1.832 through 1.834. ‘‘Large Tables’’ (§ 1.58(c)), a ‘‘Computer containing the information specified in (b) Nucleotide and/or amino acid Program Listing Appendix’’ (§ 1.96(c)), a § 1.63(b), the search fee (§ 1.492(b)), the sequences as used in §§ 1.831 through ‘‘Sequence Listing’’ (§ 1.821(c)), or a examination fee (§ 1.492(c)), and any 1.835, encompass: ‘‘Sequence Listing XML’’ (§ 1.831(a)), application size fee required by the must be made by submission of the Office under § 1.492(j). An application (1) An unbranched sequence or linear entire text of an added or rewritten shall be considered as having papers in region of a branched sequence paragraph, including markings pursuant compliance with § 1.52, drawings (if containing 4 or more specifically to paragraph (f) of this section, except any) in compliance with § 1.84, and a defined amino acids, wherein the amino that an entire paragraph may be deleted sequence listing in compliance with acids form a single peptide backbone; or by a statement deleting the paragraph, §§ 1.821 through 1.825 (if applicable) or (2) An unbranched sequence or linear without presentation of the text of the a ‘‘Sequence Listing XML’’ in region of a branched sequence of 10 or paragraph. The precise point in the compliance with §§ 1.831 through 1.835 more specifically defined nucleotides, specification where any added or (if applicable), for purposes of this wherein adjacent nucleotides are joined rewritten paragraph is located must be paragraph (f) on the filing date of the by: identified. latest reply (if any) correcting the ′ ′ ′ ′ (ii) Changes to ‘‘Large Tables,’’ a (i) A 3 to 5 (or 5 to 3 ) papers, drawings, or sequence listing phosphodiester linkage; or ‘‘Computer Program Listing Appendix,’’ that is prior to the date of mailing of a ‘‘Sequence Listing,’’ or a ‘‘Sequence either an action under 35 U.S.C. 132 or (ii) Any chemical bond that results in Listing XML’’ must be made, in a notice of allowance under 35 U.S.C. an arrangement of adjacent nucleobases accordance with § 1.58(g) for ‘‘Large 151, whichever occurs first. that mimics the arrangement of Tables,’’ § 1.96(c)(5) for a ‘‘Computer ■ 11. Sections 1.831 through 1.835 and nucleobases in naturally occurring Program Listing Appendix,’’ § 1.825 for 1.839 are added to read as follows: nucleic acids, (i.e., nucleotide analogs). a ‘‘Sequence Listing,’’ and § 1.835 for a Sec. (c) Where the description or claims of ‘‘Sequence Listing XML.’’ 1.831 Requirements for patent applications a patent application discuss a sequence * * * * * filed on or after January 1, 2022, having that is set forth in the ‘‘Sequence Listing ■ 10. Section 1.704 is amended by nucleotide and/or amino acid sequence XML’’ in accordance with paragraph (a) revising paragraph (f) to read as follows: disclosures. 1.832 Representation of nucleotide and/or of this section, reference must be made § 1.704 Reduction of period of adjustment amino acid sequence data in the to the sequence by use of the sequence of patent term. ‘‘Sequence Listing XML’’ part of a patent identifier, preceded by SEQ ID NO: Or * * * * * application filed on or after January 1, the like in the text of the description or (f) An application filed under 35 2022. claims, even if the sequence is also U.S.C. 111(a) is in condition for 1.833 Requirements for a ‘‘Sequence Listing embedded in the text of the description XML’’ for nucleotide and/or amino acid or claims of the patent application. examination when the application sequences as part of a patent application includes a specification, including at filed on or after January 1, 2022. (d) ‘‘Enumeration of its residues’’ least one claim and an abstract 1.834 Form and format for nucleotide and/ means disclosure of a nucleotide or (§ 1.72(b)), and has papers in or amino acid sequence submissions as amino acid sequence in a patent compliance with § 1.52, drawings (if the ‘‘Sequence Listing XML’’ in patent application by listing, in order, each any) in compliance with § 1.84, any applications filed on or after January 1, residue of the sequence, where the 2022. English translation required by § 1.52(d) residues are represented in the manner or § 1.57(a), a sequence listing in 1.835 Amendment to add or replace a ‘‘Sequence Listing XML’’ in patent as defined in WIPO Standard ST.26 compliance with §§ 1.821 through 1.825 (2020) (incorporated by reference, see (if applicable), a ‘‘Sequence Listing applications filed on or after January 1, 2022. § 1.839), paragraph 3(c)(i) or (ii). XML’’ in compliance with §§ 1.831 1.839 Incorporation by reference. through 1.835 (if applicable), an (e) ‘‘Specifically defined’’ means any inventor’s oath or declaration or an * * * * * amino acid or nucleotide as defined in WIPO Standard ST.26 (2020), paragraph application data sheet containing the § 1.831 Requirements for patent information specified in § 1.63(b), the applications filed on or after January 1, 3(m). basic filing fee (§ 1.16(a) or (c)), the 2022, having nucleotide and/or amino acid (f) ‘‘Amino acid’’ includes any D- or search fee (§ 1.16(k) or (m)), the sequence disclosures. L-amino acid or modified amino acid as examination fee (§ 1.16(o) or (q)), any (a) Patent applications disclosing defined in WIPO Standard ST.26 (2020), certified copy of the previously filed nucleotide and/or amino acid sequences paragraph 3(a). application required by § 1.57(a), and by enumeration of their residues, as (g) ‘‘Modified amino acid’’ includes any application size fee required by the defined in paragraph (b) of this section, any amino acid as described in WIPO Office under § 1.16(s). An international must contain, as a separate part of the Standard ST.26 (2020), paragraph 3(g). application is in condition for disclosure, a computer readable examination when the application has Sequence Listing in XML (eXtensible (h) ‘‘Nucleotide’’ includes any entered the national stage as defined in Markup Language) format (a ‘‘Sequence nucleotide, nucleotide analog or § 1.491(b), and includes a specification, Listing XML’’). Disclosed nucleotide or modified nucleotide as defined in WIPO including at least one claim and an amino acid sequences that do not meet Standard ST.26 (2020), paragraphs 3(h) abstract (§ 1.72(b)), and has papers in the definition of paragraph (b) of this and 3(i). compliance with § 1.52, drawings (if section must not be included in the (i) ‘‘Modified nucleotide’’ includes any) in compliance with § 1.84, a ‘‘Sequence Listing XML.’’ The any nucleotide as described in WIPO sequence listing in compliance with ‘‘Sequence Listing XML’’ contains the Standard ST.26 (2020), paragraph 3(h).
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§ 1.832 Representation of nucleotide and/ described in WIPO Standard ST.26 (3) Include one InventionTitle or amino acid sequence data in the (2020), paragraph 34. element in the English language, in the ‘‘Sequence Listing XML’’ part of a patent (d) A nucleotide and/or amino acid format required by WIPO Standard application filed on or after January 1, 2022. sequence that is constructed as a single ST.26 (2020), paragraphs 45 and 48, and (a) Each disclosed nucleotide or continuous sequence derived from one as required by § 1.52(b)(1)(ii). amino acid sequence that meets the or more non-contiguous segments of a (4) Include an INSDQualifier_value requirements of § 1.831(b) must appear larger sequence or from segments of element with a value in the English separately in the ‘‘Sequence Listing different sequences must be listed in a language for any language-dependent XML’’. Each sequence set forth in the sequence listing in the manner free text qualifier as defined by WIPO ‘‘Sequence Listing XML’’ must be described in WIPO Standard ST.26 Standard ST.26 (2020), paragraphs 76 assigned a separate sequence identifier. (2020), paragraph 35. and 85–88, and as required by The sequence identifiers must begin (e) A nucleotide and/or amino acid § 1.52(b)(1)(ii). with 1 and increase sequentially by sequence that contains regions of integers as defined in WIPO Standard specifically defined residues separated § 1.834 Form and format for nucleotide ST.26 (2020) (incorporated by reference, and/or amino acid sequence submissions by one or more regions of contiguous as the ‘‘Sequence Listing XML’’ in patent see § 1.839), paragraph 10. ‘‘n’’ or ‘‘X’’ residues, wherein the exact (b) The representation and symbols applications filed on or after January 1, number of ‘‘n’’ or ‘‘X’’ residues in each 2022. for nucleotide sequence data shall region is disclosed, must be listed in a conform to the requirements of (a) A ‘‘Sequence Listing XML’’ sequence listing in the manner encoded using Unicode UTF–8, created paragraphs (b)(1) through (4) of this described in WIPO Standard ST.26 section. by any means (e.g., text editors, (2020), paragraph 36. nucleotide/amino acid sequence editors, (1) A nucleotide sequence must be (f) A nucleotide and/or amino acid or other custom computer programs) in represented in the manner described in sequence that contains regions of accordance with §§ 1.831 through 1.833, WIPO Standard ST.26 (2020), specifically defined residues separated paragraphs 11–12. must: by one or more gaps of an unknown or (1) Have the following compatibilities: (2) All nucleotides, including undisclosed number of residues must be nucleotide analogs, modified (i) Computer compatibility: PC or listed in a sequence listing in the Mac®; and nucleotides, and ‘‘unknown’’ manner described in WIPO Standard nucleotides, within a nucleotide (ii) Operating system compatibility: ST.26 (2020), paragraph 37. MS–DOS®, MS-Windows®, Mac OS®, or sequence must be represented using the ® ® symbols set forth in WIPO Standard § 1.833 Requirements for a ‘‘Sequence Unix /Linux . ST.26 (2020), paragraphs 13–16, 19 and Listing XML’’ for nucleotide and/or amino (2) Be in XML format, where all 21. acid sequences as part of a patent permitted printable characters (3) Modified nucleotides within a application filed on or after January 1, 2022. (including the space character) and non- nucleotide sequence must be described (a) The ‘‘Sequence Listing XML’’ as printable (control) characters are in the manner discussed in WIPO required by § 1.831(a) must be presented defined in WIPO Standard ST.26 (2020) Standard ST.26 (2020), paragraphs 17– as a single file in XML 1.0 encoded (incorporated by reference, see § 1.839), 18, and 19. using Unicode UTF–8 where the paragraph 40. (4) A region containing a known character set complies with WIPO (3) Be named as *.xml, where ‘‘*’’ is number of contiguous ‘‘a’’, ‘‘c’’, ‘‘g’’, ‘‘t’’, Standard ST.26 (2020) (incorporated by one character or a combination of or ‘‘n’’ residues for which the same reference, see § 1.839), paragraphs 40 characters limited to upper- or description applies may be jointly and 41 and Annex IV thereof. lowercase letters, numbers, hyphens, described in the manner described in (b) The ‘‘Sequence Listing XML’’ as and underscores and the name does not WIPO Standard ST.26 (2020), paragraph required by § 1.833(a) must: exceed 60 characters in total, excluding 22. (1) Be valid according to the the extension. No spaces or other types (c) The representation and symbols Document Type Definition (DTD) as of characters are permitted in the file for amino acid sequence data shall presented in Annex II of WIPO Standard name. conform to the requirements of ST.26 (2020). (b) The ‘‘Sequence Listing XML’’ must paragraphs (c)(1) through (4) of this (2) Comply with the requirements of be in a single file containing the section. WIPO Standard ST.26 (2020) to include: sequence information and be submitted (1) The amino acids in an amino acid (i) An XML declaration as defined in either: sequence must be represented in the WIPO Standard ST.26 (2020), paragraph (1) Electronically via the USPTO manner described in WIPO Standard 39; patent electronic filing system, where ST.26 (2020), paragraphs 24–25. (ii) A document type (DOCTYPE) the file size must not exceed 100 MB, (2) All amino acids, including declaration as defined in WIPO and file compression is not permitted; modified amino acids and ‘‘unknown’’ Standard ST.26 (2020), paragraph 39; or amino acids, within an amino acid (iii) A root element as defined in (2) On read-only optical disc(s) in sequence must be represented using the WIPO Standard ST.26 (2020), paragraph compliance with § 1.52(e), where: symbols set forth in WIPO Standard 43; (i) A file that is not compressed must ST.26 (2020), paragraphs 26–29 and 32. (iv) A general information part that be contained on a single read-only (3) Modified amino acid within an complies with the requirements of optical disc; amino acid sequence must be described WIPO Standard ST.26 (2020), (ii) The file may be compressed using in the manner discussed in WIPO paragraphs 45, 47 and 48, as applicable; WinZip®, 7-Zip, or Unix®/Linux® Zip; Standard ST.26 (2020), paragraphs 29 and (iii) A compressed file must not be and 30. (v) A sequence data part that complies self-extracting; and (4) A region containing a known with the requirements of WIPO (iv) A compressed XML file that does number of contiguous ‘‘X’’ residues for Standard ST.26 (2020), paragraphs 50– not fit on a single read-only optical disc which the same description applies may 55, 57–58, 60–69, 71–78, 80–87, 89–98 may be split into multiple file parts, in be jointly described in the manner and 100, as applicable. accordance with the target read-only
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optical disc size, and labeled in Authority for an international (e) If any of the requirements of compliance with § 1.52(e)(5)(vi). application; §§ 1.831 through 1.834 are not satisfied (3) A statement that identifies the at the time of filing an international § 1.835 Amendment to add or replace a location of all additions, deletions, or application under the PCT where the ‘‘Sequence Listing XML’’ in patent applications filed on or after January 1, replacements of sequence information application is to be searched by the 2022. relative to replaced ‘‘Sequence Listing United States International Searching XML;’’ Authority or examined by the United (a) Any amendment to a patent States International Preliminary application adding an initial submission (4) A statement that indicates the support for the additions, deletions, or Examining Authority, the applicant may of a ‘‘Sequence Listing XML’’ as be sent a notice necessitating required by § 1.831(a) after the replacements of the sequence information, with specific references to compliance with the requirements application filing date must include: within a prescribed time period. Under (1) A ‘‘Sequence Listing XML’’ in particular parts of the application as originally filed (specification, claims, PCT Rule 13ter applicant can provide, accordance with §§ 1.831 through 1.834, in reply to such a requirement or submitted as an XML file: drawings) for all amended sequence data in the replacement ‘‘Sequence otherwise, a sequence listing which is a (i) Via the USPTO patent electronic ‘‘Sequence Listing XML’’ in accordance filing system; or Listing XML;’’ and (5) A statement that the replacement with § 1.831(a). The ‘‘Sequence Listing (ii) On a read-only optical disc, in XML’’ must be accompanied by a compliance with § 1.52(e); ‘‘Sequence Listing XML’’ includes no new matter. statement that the information recorded (2) A request to amend the does not go beyond the disclosure in the specification to include an (c) The specification of a complete application, filed on the application international application as filed. It incorporation by reference statement of must also be accompanied by the late the material in the ‘‘Sequence Listing filing date, with a ‘‘Sequence Listing XML’’ as required under § 1.831(a), furnishing fee set forth in § 1.445(a)(5). XML’’ file, identifying the name of the If the applicant fails to timely provide file, the date of creation, and the size of without an incorporation by reference of the material contained in the ‘‘Sequence the required ‘‘Sequence Listing XML,’’ the file in bytes (see § 1.77(b)(5)(ii)), the United States International except when submitted to the United Listing XML’’ file, must be amended to contain a separate paragraph Searching Authority shall search only to States International Preliminary the extent that a meaningful search can Examining Authority for an incorporating by reference the material contained in the ‘‘Sequence Listing be performed without the ‘‘Sequence international application; Listing XML,’’ and the United States (3) A statement that indicates the XML’’ file, in accordance with § 1.77(b)(5)(ii), except for international International Preliminary Examining basis for the amendment, with specific Authority shall examine only to the references to particular parts of the applications. (d)(1) If any of the requirements of extent that a meaningful examination application as originally filed can be performed without the (specification, claims, drawings) for all §§ 1.831 through 1.834 are not satisfied in an application under 35 U.S.C. 111(a) ‘‘Sequence Listing XML.’’ sequence data in the ‘‘Sequence Listing (f) Any appropriate amendments to or in a national stage application under XML;’’ and the ‘‘Sequence Listing XML’’ in a patent 35 U.S.C. 371, the applicant will be (4) A statement that the ‘‘Sequence (e.g., by reason of reissue, notified and given a period of time Listing XML’’ includes no new matter. reexamination, or certificate of within which to comply with such (b) Any amendment adding to, correction) must comply with the requirements in order to prevent deleting from, or replacing sequence requirements of paragraph (b) of this abandonment of the application. Subject information in a ‘‘Sequence Listing section. XML’’ submitted as required by to paragraph (d)(2) of this section, any § 1.831(a) must include: amendment to add or replace a § 1.839 Incorporation by reference. (1) A replacement ‘‘Sequence Listing ‘‘Sequence Listing XML’’ in reply to a (a) Certain material is incorporated by XML’’ in accordance with the requirement under this paragraph (d)(1) reference into this subpart with the requirements of §§ 1.831 through 1.834 must be submitted in accordance with approval of the approval of the Director containing the entire ‘‘Sequence Listing the requirements of paragraphs (a) of the Federal Register under 5 U.S.C. XML’’ including any additions, through (c) of this section. 552(a) and 1 CFR part 51. All approved deletions, or replacements of sequence (2) Compliance with paragraphs (a) material is available for inspection at information, and shall be submitted: through (c) of this section is not The United States Patent and Trademark (i) Via the USPTO patent electronic required for submission of a ‘‘Sequence Office, Office of Patent Legal filing system; or Listing XML’’ that is solely an English Administration, 571–272–7701, and (ii) On a read-only optical disc, in translation of a previously submitted from the sources listed elsewhere in this compliance with § 1.52(e) labeled as ‘‘Sequence Listing XML’’ that contains section. It is also available for ‘‘REPLACEMENT MM/DD/YYYY’’ (with non-English values for the invention inspection at the National Archives and the month, day, and year of creation title (as per § 1.833(b)(3)) and/or any Records Administration (NARA). For indicated); language-dependent free text elements information on the availability of this (2) A request to amend the (as per § 1.833(b)(4)). The required material at NARA, email fedreg.legal@ specification to include an submission will be a translated nara.gov or go to www.archives.gov/ incorporation by reference statement of ‘‘Sequence Listing XML’’ in compliance federal-register/cfr/ibr-locations.html. the material in the replacement with §§ 1.831 through 1.834. Updated (b) World Intellectual Property ‘‘Sequence Listing XML’’ file that values for attributes in the root element Organization (WIPO); 34 chemin des identifies the name of the file, the date (§ 1.833(b)(2)(iii)) or elements of the Colombettes; 1211 Geneva 20 of creation, and the size of the file in general information part Switzerland, www.wipo.int. bytes (see § 1.77(b)(5)(ii)), except when (§ 1.833(b)(2)(iv)) are not considered (1) WIPO Standard ST.26 (2020). the replacement ‘‘Sequence Listing amendments for purposes of complying WIPO Handbook on Industrial Property XML’’ is submitted to the United States with paragraphs (a) through (c) of this Information and Documentation, International Preliminary Examining section. Standard ST.26: Recommended
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Standard for the Presentation of • Mail: Dockets Operations, U.S. 0063), indicate the specific section of Nucleotide and Amino Acid Sequence Department of Transportation, 1200 this document to which your comment Listings Using XML (eXtensible Markup New Jersey Avenue SE, West Building, applies, and provide a reason for each Language) (2020), including Annexes I– Ground Floor, Room W12–140, suggestion or recommendation. You VII (www.wipo.int/export/sites/www/ Washington, DC 20590–0001. may submit your comments and standards/en/pdf/03-26-01.pdf); IBR • Hand Delivery or Courier: West material online or by fax, mail, or hand approved for §§ 1.831 through 1.834. Building, Ground Floor, Room W12– delivery, but please use only one of (2) [Reserved] 140, 1200 New Jersey Avenue SE, these means. FMCSA recommends that you include your name and a mailing Andrew Hirshfeld, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except address, an email address, or a phone Commissioner for Patents, Performing the number in the body of your document Functions and Duties of the Under Secretary Federal holidays. To be sure someone is of Commerce for Intellectual Property and there to help you, please call (202) 366– so that FMCSA can contact you if there Director of the United States Patent and 9317 or (202) 366–9826 before visiting are questions regarding your Trademark Office. Dockets Operations. submission. • [FR Doc. 2021–14325 Filed 7–2–21; 8:45 am] Fax: (202) 493–2251. To submit your comment online, go to https://www.regulations.gov/docket/ BILLING CODE 3510–16–P To avoid duplication, please use only one of these four methods. See the FMCSA-2021-0063/document, click on ‘‘Public Participation and Request for this NPRM, click ‘‘Comment,’’ and type your comment into the text box on the DEPARTMENT OF TRANSPORTATION Comments’’ portion of the SUPPLEMENTARY INFORMATION section for following screen. Federal Motor Carrier Safety instructions on submitting comments. If you submit your comments by mail or hand delivery, submit them in an Administration FOR FURTHER INFORMATION CONTACT : Mr. 1 Jose´ Cestero, Vehicle and Roadside unbound format, no larger than 8 ⁄2 by 49 CFR Part 385 Operations Division, Federal Motor 11 inches, suitable for copying and electronic filing. If you submit [Docket No. FMCSA–2021–0063] Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC comments by mail and would like to RIN 2126–AC40 20590–0001, (202) 366–5541, know that they reached the facility, [email protected]. If you have please enclose a stamped, self-addressed Incorporation by Reference; North questions on viewing or submitting postcard or envelope. FMCSA will consider all comments American Standard Out-of-Service material to the docket, contact Dockets and material received during the Criteria; Hazardous Materials Safety Operations, (202) 366–9826. Permits comment period. SUPPLEMENTARY INFORMATION: This AGENCY: Federal Motor Carrier Safety notice of proposed rulemaking (NPRM) Confidential Business Information Administration (FMCSA), Department is organized as follows: Confidential Business Information of Transportation (DOT). I. Public Participation and Request for (CBI) is commercial or financial ACTION: Notice of proposed rulemaking. Comments information that is both customarily and A. Submitting Comments actually treated as private by its owner. SUMMARY: FMCSA proposes B. Viewing Comments and Documents Under the Freedom of Information Act amendments to its Hazardous Materials C. Privacy Act (FOIA) (5 U.S.C. 552), CBI is exempt Safety Permits regulations to D. Advance Notice of Proposed from public disclosure. If your incorporate by reference the updated Rulemaking Not Required comments responsive to this NPRM II. Executive Summary Commercial Vehicle Safety Alliance contain commercial or financial (CVSA) handbook containing inspection III. Legal Basis for the Rulemaking IV. Background information that is customarily treated procedures and Out-of-Service Criteria as private, that you actually treat as (OOSC) for inspections of shipments of V. Discussion of Proposed Rulemaking VI. International Impacts private, and that is relevant or transuranic waste and highway route VII. Section-by-Section Analysis responsive to this NPRM, it is important controlled quantities of radioactive VIII. Regulatory Analyses that you clearly designate the submitted material. The OOSC provide A. E.O. 12866 (Regulatory Planning and comments as CBI. Please mark each enforcement personnel nationwide, Review), E.O. 13563 (Improving page of your submission that constitutes including FMCSA’s State partners, with Regulation and Regulatory Review), and CBI as ‘‘PROPIN’’ to indicate it contains DOT Regulations uniform enforcement tolerances for proprietary information. FMCSA will inspections. Currently, the regulations B. Congressional Review Act C. Regulatory Flexibility Act (Small treat such marked submissions as reference the April 1, 2019, edition of confidential under the FOIA, and they the handbook. Through this document, Entities) D. Assistance for Small Entities will not be placed in the public docket FMCSA proposes to incorporate by E. Unfunded Mandates Reform Act of 1995 of this NPRM. Submissions containing reference the April 1, 2021 edition. F. Paperwork Reduction Act CBI should be sent to Mr. Brian Dahlin, DATES: Comments on this document G. E.O. 13132 (Federalism) Chief, Regulatory Analysis Division, must be received on or before August 5, H. Privacy Federal Motor Carrier Safety 2021. I. E.O. 13175 (Indian Tribal Governments) Administration, 1200 New Jersey ADDRESSES: You may submit comments J. National Environmental Policy Act of 1969 Avenue SE, Washington DC 20590– identified by Docket Number FMCSA 0001. Any comments FMCSA receives 2021–0063 using any of the following I. Public Participation and Request for which are not specifically designated as methods: Comments CBI will be placed in the public docket • Federal eRulemaking Portal: for this rulemaking. https://www.regulations.gov/docket/ A. Submitting Comments FMCSA-2021-0063/document. Follow If you submit a comment, please B. Viewing Comments and Documents the online instructions for submitting include the docket number for this To view documents mentioned in this comments. NPRM (Docket No. FMCSA–2021– preamble as being available in the
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docket, go to https:// The material is available, and will radioactive material. CVSA developed www.regulations.gov/docket/FMCSA- continue to be available, for inspection the North American Standard Level VI 2021-0063/document and choose the at the FMCSA, Office of Enforcement Inspection Program for Transuranic document to review. To view and Compliance, 1200 New Jersey Waste and Highway Route Controlled comments, click this NPRM, and click Avenue SE, Washington, DC 20590 Quantities of Radioactive Material. This ‘‘Browse Comments.’’ If you do not have (Attention: Chief, Compliance Division) inspection program for select access to the internet, you may view the at (202) 366–1812. The document may radiological shipments includes docket online by visiting Dockets be purchased from the Commercial inspection procedures, enhancements to Operations in Room W12–140 on the Vehicle Safety Alliance, 6303 Ivy Lane, the North American Standard Level I ground floor of the DOT West Building, Suite 310, Greenbelt, MD 20770, Inspection, radiological surveys, CVSA 1200 New Jersey Avenue SE, telephone (301) 830–6143, Level VI decal requirements, and the Washington, DC 20590, between 9 a.m. www.cvsa.org. and 5 p.m., Monday through Friday, In this NPRM, FMCSA proposes to ‘‘North American Standard Out-of- except Federal holidays. To be sure incorporate by reference the April 1, Service Criteria and Level VI Inspection someone is there to help you, please call 2021, edition of the handbook. FMCSA Procedures and Out-of-Service Criteria (202) 366–9317 or (202) 366–9826 did not update § 385.4(b) to incorporate for Commercial Highway Vehicles before visiting Dockets Operations. by reference the April 1, 2020, edition Transporting Transuranics and Highway of the handbook. This NPRM will Route Controlled Quantities of C. Privacy Act discuss all updates to the currently Radioactive Materials as defined in 49 In accordance with 5 U.S.C. 553(c), incorporated 2019 edition of the CFR part 173.403.’’ As of January 1, DOT solicits comments from the public handbook, including the updates made 2005, all vehicles and carriers to better inform its rulemaking process. in the April 1, 2020, edition of the transporting highway route controlled DOT posts these comments, without handbook. quantities of radioactive material are edit, including any personal information Twenty-one updates distinguish the regulated by the U.S. Department of the commenter provides, to April 1, 2021, handbook edition from Transportation. All highway route www.regulations.gov, as described in the 2019 edition. The incorporation by controlled quantities of radioactive the system of records notice (DOT/ALL– reference of the 2021 edition does not material must pass the North American 14 FDMS), which can be reviewed at impose new regulatory requirements. Standard Level VI Inspection prior to www.dot.gov/privacy. III. Legal Basis for the Rulemaking the shipment being allowed to travel in D. Advance Notice of Proposed Congress has enacted several statutory the United States. All highway route Rulemaking Not Required provisions to ensure the safe controlled quantities of radioactive Under 49 U.S.C. 31136(g), FMCSA is transportation of hazardous materials in material shipments entering the United required to publish an advance notice of interstate commerce. Specifically, in States must also pass the North proposed rulemaking (ANPRM) or provisions codified at 49 U.S.C. 5105(d), American Standard Level VI Inspection proceed with a negotiated rulemaking, if relating to inspections of motor vehicles either at the shipment’s point of origin a proposed rule is likely to lead to the carrying certain hazardous material, and or when the shipment enters the United promulgation of a major rule. As this 49 U.S.C. 5109, relating to motor carrier States. proposed rule is not likely to result in safety permits, the Secretary of Section 385.415 of title 49, Code of the promulgation of a major rule, the Transportation is required to Federal Regulations, prescribes Agency is not required to issue an promulgate regulations as part of a operational requirements for motor comprehensive safety program on ANPRM or to proceed with a negotiated carriers transporting hazardous rulemaking. hazardous materials safety permits. The materials for which a hazardous FMCSA Administrator has been II. Executive Summary materials safety permit is required. delegated authority under 49 CFR This NPRM proposes to update an 1.87(d)(2) to carry out the rulemaking Section 385.415(b) requires that motor incorporation by reference found at 49 functions vested in the Secretary of carriers ensure a pre-trip inspection is CFR 385.4(b)(1) and referenced at Transportation. Consistent with that performed on each motor vehicle to be § 385.415(b). The provision at authority, FMCSA has promulgated used to transport a highway route § 385.4(b)(1) currently references the regulations under 49 CFR part 385, controlled quantity of a Class 7 April 1, 2019, edition of CVSA’s subpart E to address the congressional (radioactive) material, in accordance handbook titled ‘‘North American mandate on hazardous materials safety with the requirements of CVSA’s Standard Out-of-Service Criteria and permits. Those regulations are the handbook titled ‘‘North American Level VI Inspection Procedures and Out- underlying provisions to which the Standard Out-of-Service Criteria and of-Service Criteria for Commercial material incorporated by reference Level VI Inspection Procedures and Out- Highway Vehicles Transporting discussed in this document is of-Service Criteria for Commercial Transuranics and Highway Route applicable. Highway Vehicles Transporting Controlled Quantities of Radioactive IV. Background Transuranics and Highway Route Materials as defined in 49 CFR part Controlled Quantities of Radioactive 173.403.’’ The CVSA handbook contains In 1986, the U.S. Department of Materials as defined in 49 CFR part inspection procedures and Out-of- Energy and CVSA entered into a 173.403.’’ Service Criteria (OOSC) for inspections cooperative agreement to develop a of shipments of transuranic waste and higher level of inspection procedures, According to 2015–2019 data from highway route controlled quantities of out-of-service (OOS) conditions and/or FMCSA’s Motor Carrier Management radioactive material. The OOSC, while criteria, an inspection decal, and a Information System (MCMIS), not regulations, provide enforcement training and certification program for approximately 3.34 million Level I– personnel nationwide, including inspectors to conduct inspections on Level VI inspections were performed FMCSA’s State partners, with uniform shipments of transuranic waste and annually. Nearly 97 percent of these enforcement tolerances for inspections. highway route controlled quantities of
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were Level I,1 Level II,2 and Level III 3 identified inspection criteria referenced result of failing an alcohol or drug test. inspections. During the same period, an in the rules. FMCSA records indicate that no driver- average of 611 Level VI inspections related OOS violations have been issued April 1, 2020, Changes were performed annually, comprising as a result of a Level VI inspection in only 0.02 percent of all inspections. On Seventeen changes in the 2020 edition the past 3 years. The changes are average, OOS violations were cited in of the CVSA handbook distinguish it intended to ensure clarity in the only 7.8 Level VI inspections annually from the April 1, 2019 edition: presentation of the OOS conditions and (2 percent), whereas on average, OOS (1) The title of Part I, Item 2.a. was are not expected to affect the number of violations were cited in 266,025 Level I amended to clarify that ‘‘. . . vehicles OOS violations cited during Level VI inspections (25 percent), 275,840 Level that, regardless of GVWR, do not require inspections. II inspections (23 percent), and 61,201 a commercial driver’s license (CDL) (4) Footnote 14 to Part I, Item 9., was Level III inspections (6 percent) (e.g., exempt farm vehicles or fire amended to remove the reference to annually. As these statistics apparatuses, etc.)’’ (2020 CVSA automatic on-board recording devices demonstrate, OOS violations are cited in handbook, page 11) are included in this (AOBRDs), and a note was added to a far lower percentage of Level VI section of the OOSC. Currently, this Footnotes 11–14 of the same section. inspections than Level I, II, and III section applies only to vehicles with a The reference to AOBRDs in Footnote inspections, due largely to the enhanced gross vehicle weight rating (GVWR) of 14 was removed because the grandfather oversight and inspection of these 26,000 lbs. or less, not designed to clause permitting use of AOBRDs vehicles because of the sensitive nature transport 16 or more passengers or expired on December 16, 2019, and of the cargo being transported. placarded loads of hazardous materials. therefore the reference to AOBRDs in The changes to the 2021 and 2020 Under the current wording, a driver Footnote 14 is no longer relevant. Since editions of the CVSA handbook are cannot be placed OOS for not having the December 2017, the information in the intended to ensure clarity in the proper class of driver’s license, for ‘NOTE’ outlines the policy that CVSA presentation of the OOS conditions and having a suspended/revoked license, or has used for placing drivers out of are generally editorial or ministerial. As for being unlicensed when operating a service for electronic logging device discussed below, FMCSA does not vehicle over 26,000 pounds GVWR and (ELD) violations. Similar information is expect the changes made in the 2021 exempt from the requirements to have a listed in FMCSA’s Frequently Asked edition of the CVSA handbook to affect CDL. However, and because the Questions document on ELDs. The the number of OOS violations cited FMCSRs include a number of regulatory CVSA Driver-Traffic Enforcement during Level VI inspections. exceptions to the CDL requirements, Committee voted to add this there are numerous other vehicle types information as a note relative to V. Discussion of Proposed Rulemaking over 26,000 pounds GVWR that may Footnotes 11–14. The changes are Section 385.4(b)(1), as amended on have non-CDL drivers (e.g., covered intended to ensure clarity in the February 24, 2020 (85 FR 10307), farm vehicles, intrastate farm vehicles, presentation of the OOS conditions and references the April 1, 2019, edition of emergency vehicles, etc.). This are not expected to affect the number of the CVSA handbook. This NPRM clarification will not have any effect on OOS violations cited during Level VI proposes to amend § 385.4(b)(1) by the number of OOS violations cited inspections. replacing the reference to the April 1, during Level VI inspections, as all (5) Part I, Item 10.h., regarding records 2019, edition date with a reference to drivers transporting hazardous materials of duty status (RODS) in Canada was the new edition date of April 1, 2021. are required to have a CDL. amended to remove the provision for a CVSA also published a 2020 edition (2) The note in Part I, Item 2.b., and driver to be placed OOS for a period of of the handbook in the period between Part I, Item 3.c., was amended to clarify 72 hours for not producing a daily log. the February 24, 2020, final rule and the that in Canada, a ‘‘valid’’ Canadian Recent changes to the Canadian federal publishing of the 2021 edition. FMCSA Transportation of Dangerous Goods hours-of-service (HOS) regulations have did not publish an update to the (TDG) training certificate is required. eliminated the ability of an officer/ incorporation by reference in Canadian TDG training certificates inspector to place a driver OOS for 72 § 385.4(b)(1) with the April 1, 2020, require certain informational items be hours for not producing a daily log. edition of the handbook. This NPRM identified; language was added to the Under the new regulations, a driver is will therefore discuss the updates note to clarify that a training certificate placed OOS only for the number of included in the 2020 and 2021 editions is considered invalid and the driver hours required to have the driver of the handbook. The changes made should be placed OOS if it is missing provide a compliant daily log. This based on the 2020 and 2021 editions of that required information. This update amendment is applicable only to the the handbook are outlined below. It is will ensure a uniform approach to enforcement of Canadian HOS necessary to update the materials Canadian TDG training certificate regulations and will not have any effect incorporated by reference to ensure validity. This clarification is not on the number of OOS violations cited motor carriers and enforcement officials expected to have any effect on the during Level VI inspections in the have convenient access to the correctly number of OOS violations cited during United States. Level VI inspections in the U.S. (6) Footnote 2 to Part I, Item 10., 1 Level I is a 37-step inspection procedure that (3) The title of Part I, Item 7., was regarding RODS in Canada was involves examination of the motor carrier’s and amended by removing the language ‘‘AS amended to reduce the time a driver can driver’s credentials, record of duty status, the IDENTIFIED UNDER SECTION be behind on his/her daily log and not mechanical condition of the vehicle, and any hazardous materials/dangerous goods that may be 392.4(a)’’ because the OOS violations be declared OOS. Given the recent present. now listed in this section are not all changes to the Canadian federal HOS 2 Level II is a driver and walk-around vehicle located in § 392.4(a). In addition, CVSA regulations as discussed above, and inspection, involving the inspection of items that added a new OOS item to address because the 72-hour timeframe to place can be checked without physically getting under drivers who are recorded in the Drug a driver OOS for no production of a log the vehicle. 3 Level III is a driver-only inspection that and Alcohol Clearinghouse as book was removed, it was deemed includes examination of the driver’s credentials and prohibited from performing safety- appropriate to reduce the time a driver documents. sensitive functions per § 382.501(a) as a can be behind on his/her log before
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being placed OOS. The timeframe was (9) Part II, Item 1., was amended to tire loading restrictions as a result of a reduced from the current day plus the add a clarification that a parking brake Level VI inspection in the past 3 years. previous day to the current day only. needs to be held by mechanical means. The changes are intended to ensure This amendment is applicable only to Clarification was necessary regarding clarity in the presentation of the OOS the enforcement of Canadian HOS whether (1) the mechanical holding of conditions and are not expected to affect regulations and will not have any effect the parking brake should be required, or the number of OOS violations cited on the number of OOS violations cited (2) applying the parking brake with during Level VI inspections. during Level VI inspections in the hand pressure and holding it with hand (12) Part II, Item 16.a., was amended United States. pressure is adequate. Specifically, in to add new OOS conditions for (7) Part I, Item 11., was amended by cases where the actuator cannot hold emergency exits on passenger-carrying (1) replacing the OOSC for Mexico to the parking brake in the applied vehicles that are marked as such, but reflect the requirements in NOM–087– position, it was unclear whether the that are not necessarily required to be SCT–2–2017, and (2) adding footnotes vehicle should be placed OOS. installed by regulation. Language was to that section. NOM–087–SCT–2–2017 Following discussion with brake added to this section to clarify that are Mexico’s CMV regulatory industry experts, the CVSA Vehicle passenger-carrying vehicles with requirements. Mexico recently updated Committee confirmed that Federal marked emergency exits that are its HOS Official Mexican Standards Motor Vehicle Safety Standard Nos. 105 obstructed should be declared OOS, (Norma Oficial Mexicana) (NOMs), and and 121 require the parking brake to be whether such exits are required to be this update required changes to the held by a mechanical means. FMCSA installed or not. The new criteria were OOSC. CVSA worked with Mexico to records indicate that no OOS violations also separated to reference marked make these updates, and Mexico have been issued regarding parking required exits, versus other marked approved the amendments as written for brakes as a result of a Level VI exits, and the revised criteria clearly use in Mexico for OOS conditions. This inspection in the past 3 years. The articulate the items/conditions that amendment is applicable only to the changes are intended to ensure clarity in constitute an OOS condition. As this enforcement of Mexican HOS the presentation of the OOS conditions change applies only to passenger- regulations and will not have any effect and are not expected to affect the carrying vehicles, it will not have any on the number of OOS violations cited number of OOS violations cited during effect on the number of OOS violations during Level VI inspections in the Level VI inspections. cited during Level VI inspections, United States. (10) The title of Part II, Item 11.d., was which are applicable to carriers (8) The charts for ‘‘Clamp Type Brake amended to remove sway bars from the transporting transuranics and highway Chamber Data’’ and ‘‘Long Stroke Clamp OOSC. The CVSA Vehicle Committee route controlled quantities of Type Brake Chamber Data’’ in Part II, determined that sway bars provide radioactive materials. Item 1.a., were amended to add a new comfort, not stability, and that they are (13) Part III, Item 3.c., was amended column listing the SAE J2899 markings not a critical vehicle inspection item. As to modify: (1) The title of this section; found on brake chambers. SAE J2899, such, the CVSA Vehicle Committee and (2) the OOS condition to include ‘‘Brake Adjustment Limit for Air Brake determined that missing or loose sway terminology adopted in Canada’s TDG Actuators,’’ was issued in December bars should not be an OOS condition. Regulations. While the previous title of 2013 and revised in June 2017, and was This amendment also requires a this section referred only to ‘‘Bulk developed to provide an alternative way supporting edit to Note 2 in Part II, Item Package Authorization,’’ Canada’s TDG of determining the size and allowable 11.b., that references the title to Part II, Regulations do not reference bulk stroke of a brake chamber. Item 11.d. FMCSA records indicate that packages, but instead reference and Manufacturers have the option to cast a no OOS violations have been issued define the term ‘‘large means of marking permanently onto the center regarding sway bars as a result of a containment.’’ The Canadian Education section of the brake chamber using the Level VI inspection in the past 3 years. Quality Assurance Team (EQAT)— letters ‘‘A’’ through ‘‘H.’’ The markings As such, and because the changes Dangerous Goods Working Group are easy to see and indicate the rated eliminate an existing OOS condition, requested addition of the Canadian stroke and pushrod stroke of the the changes will not affect the number terminology in the OOSC to improve chamber without the need to measure of OOS violations cited during Level VI uniform application of the OOS the diameter or determine if it is long or inspections. condition. Adding ‘‘large means of short stroke. This marking method (11) Part II, Item 12.a.9., and Part II, containment’’ to the OOSC will make it reduces the likelihood that an inspector Item 12.b.4., were amended to clarify easier for Canadian inspectors to will either (1) pass a vehicle that should that the OOS condition refers to a wheel interpret the criteria. The changes are be OOS, or (2) place a vehicle OOS that end on an axle. In response to questions intended to ensure clarity in the is within acceptable operating regarding whether the tire loading presentation of the OOS conditions and conditions. The CVSA Vehicle restriction in § 393.75(g) of the FMCSRs are not expected to affect the number of Committee voted unanimously to add a applies to (1) a wheel end on an axle, OOS violations cited during Level VI column in the charts in Part II, Item 1.a. or (2) a single tire on an axle, or (3) inspections. that lists the SAE J2899 markings found whether the entire axle must exceed the (14) Part III, Item 3.d., was amended on brake chambers. FMCSA records tire weight rating in order to constitute by adding a note regarding manhole indicate that no violations or OOS an OOS condition, the CVSA Vehicle covers. The CVSA Hazardous Materials violations have been issued regarding Committee determined that exceeding Committee contacted the Truck Trailer brakes being out of adjustment as a the tire load limits should apply to the Manufacturers Association to discuss result of a Level VI inspection in the wheel end. The OOS condition applies manhole securement with the Tank past 3 years. The changes are intended when the tire or dual set exceeds the Engineering Committee. The committee to ensure clarity in the presentation of applicable load rating on the sidewall of agreed that all fasteners on the dome the OOS conditions and are not the tire(s), and the language was need to be engaged and hand tightened expected to affect the number of OOS amended to reflect this condition. to be considered closed and secured. violations cited during Level VI FMCSA records indicate that no OOS Based on this information, the inspections. violations have been issued regarding committee voted to add a note to the
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OOSC to clarify that an OOS condition of origin inspection only. As this is not violations cited during Level VI exists when any manhole cover an OOS condition for the Level VI inspections in the United States. securement device is missing or Inspection, this amendment will not (3) Part I, Item 10., regarding RODS in unsecured. The change is intended to have any effect on the number of OOS Canada was amended by adding a ensure clarity in the presentation of the violations cited during Level VI footnote 6 to indicate that a driver who OOS condition and is not expected to inspections. is found without an ELD but is still affect the number of OOS violations completing another form of a RODS will cited during Level VI inspections. April 1, 2021, Changes currently not be placed OOS. This (15) The title of Part III, Item 6., was Four changes in the 2021 edition of enforcement action is different from that amended to include terminology the CVSA handbook distinguish it from applicable in the U.S., so the note was adopted in Canada’s TDG Regulations. the April 1, 2020 edition: added for Canadian inspectors to While the previous title of this section (1) Footnotes 5–8 to Part I, Item 9., reference, similar to the note for the U.S referred only to ‘‘Non-Bulk Packaging,’’ were amended to remove language that (Footnote 10, Part I, Item 9. United Canada’s TDG Regulations do not repeats the FMCSRs. The CVSA Driver- States). The amendment is applicable reference non-bulk packaging, but Traffic Enforcement Committee only to Canada’s RODS, and will not instead reference and define the term determined that there is no reason to have any effect on the number of OOS ‘‘small means of containment.’’ The repeat information in the OOSC that is Canadian EQAT—Dangerous Goods contained in §§ 395.1 and 395.3. violations cited during Level VI Working Group requested the addition Quoting the FMCSRs in the footnotes inspections in the United States. of Canadian terminology in the title to could potentially confuse an inspector (4) Part II, Item 9.b., was amended to improve uniform application of the OOS as there are other applicable exemptions clarify that an inoperative center high- condition. Adding ‘‘small means of that are not addressed in the footnotes. mounted stop lamp(s) that is required containment’’ to the OOSC will make it The footnotes, 5–8, were removed and by regulation is considered a critical easier for Canadian inspectors to reserved because other documents refer vehicle inspection item, but not interpret the criteria. The change is to these notes and renumbering them considered for OOS purposes. The intended to ensure clarity in the could cause confusion. The changes are CVSA-critical vehicle inspection item presentation of the OOS conditions and intended to ensure clarity in the list and the OOSC include ‘‘Lighting is not expected to affect the number of presentation of the OOS conditions and devices (headlamps, tail lamps, stop OOS violations cited during Level VI are not expected to affect the number of lamps, turn signals, and lamps/flags on inspections. OOS violations cited during Level VI (16) Part III, Item 10.a., regarding projecting loads).’’ In both the United inspections. requirements pertaining to Canada’s States and Canada, there are regulations Emergency Response Assistance Plan Footnote 10 to Part I, Item 9., was requiring some smaller vehicles to be (ERAP) was amended to specify that amended to clarify that AOBRDs cannot equipped with center high-mounted certain ERAP information must be on be used in place of a compliant ELD. stop lamp(s) and they must be the shipping document. The Canadian However, some carriers are exempt from maintained and operational; however, EQAT—Dangerous Goods Working using ELDs and they may still use on larger vehicles, they are optional. Group indicated that for first responders AOBRDs. Language was added to this Therefore, in those cases where center to activate an ERAP, the ERAP reference footnote to clarify that drivers who are high-mounted stop lamp(s) are required, number and implementation telephone not required to have an ELD that the vehicle will still require at least one number must be listed on the shipping complies with § 395.22(a), but who brake light in addition to the center document. Currently, the OOSC only utilize an electronic device other than high-mounted stop lamp(s) to avoid allows inspectors to place a shipment those described in the regulations, shall being placed OOS. The amendment is OOS if the carrier/consignor does not not be declared OOS. The amendment is intended to ensure clarity in the have an approved ERAP at all. intended to ensure clarity in the presentation of the OOS conditions and Situations have arisen where the ERAP presentation of the OOS conditions and is not expected to affect the number of reference number/activation telephone is not expected to affect the number of OOS violations cited during Level VI number was not listed on the shipping OOS violations cited during Level VI inspections. document, and inspectors were not able inspections. to place the dangerous goods shipment (2) In Part I, Items 10.h. and 10.i., VI. International Impacts regarding RODS in Canada, were OOS as intended. This additional The FMCSRs, and any exceptions to amended to include terminology based language specifies that this information the FMCSRs, apply only within the on the pending implementation of the is required. This amendment is United States (and, in some cases, ELD requirement, effective June 12, applicable only to Canada’s ERAP, and United States territories). Motor carriers 2021. A note was also added to will not have any effect on the number and drivers are subject to the laws and Footnotes 1–2 of the same section. The of OOS violations cited during Level VI regulations of the countries in which inspections in the United States. terminology in Canada’s regulation will they operate, unless an international (17) The Level VI Inspection change from ‘‘daily log’’ to ‘‘RODS.’’ Procedures were amended by adding However, there will be some Provinces/ agreement states otherwise. Drivers and Step 36, ‘‘Proof of Periodic (Annual) Territories that will continue to use the carriers should be aware of the Inspection.’’ Currently, there is no daily log terminology in their regulatory differences among nations. language in the Level VI Inspection Provincial/Territorial regulations. The The CVSA is an organization Procedures addressing the required Driver-Traffic Enforcement Committee representing Federal, State, and periodic (annual) inspection. Adding determined that the appropriate action Provincial motor carrier safety this item will require each unit to have would be to refer to both terms to make enforcement agencies in the United evidence that a periodic inspection was the OOSC applicable to all drivers. States, Canada, and Mexico. The OOSC conducted and satisfactorily completed These amendments are applicable only provide uniform enforcement tolerances before a CVSA Level VI decal can be to Canada’s RODS, and will not have for inspections conducted in all three applied by the inspector during a point any effect on the number of OOS countries.
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VII. Section-by-Section Analysis C. Regulatory Flexibility Act (Small D. Assistance for Small Entities Entities) Section 385.4 Matter Incorporated by In accordance with section 213(a) of Reference The Regulatory Flexibility Act of 1980 the Small Business Regulatory Section 385.4(b)(1), as amended on (5 U.S.C. 601 et seq.) (RFA), as amended Enforcement Fairness Act of 1996, February 24, 2020, references the April by the Small Business Regulatory FMCSA wants to assist small entities in 1, 2019, edition of the CVSA handbook. Enforcement Fairness Act of 1996 (Pub. understanding this rulemaking so they This NPRM would replace the reference L. 104–121, 110 Stat. 857), requires can better evaluate its effects on to the April 1, 2019, edition date with Federal agencies to consider the effects themselves and participate in the rulemaking initiative. If the rulemaking a reference to the new edition date of of the regulatory action on small would affect your small business, April 1, 2021. business and other small entities and to organization, or governmental minimize any significant economic VIII. Regulatory Analyses jurisdiction and you have questions impact. The term ‘‘small entities’’ concerning its provisions or options for A. Executive Order (E.O.) 12866 comprises small businesses and not-for- compliance, please consult the person (Regulatory Planning and Review), E.O. profit organizations that are listed under FOR FURTHER INFORMATION 13563 (Improving Regulation and independently owned and operated and CONTACT. Regulatory Review), and DOT are not dominant in their fields, and Regulations Small businesses may send comments governmental jurisdictions with on the actions of Federal employees FMCSA has considered the impact of populations of less than 50,000 (5 U.S.C. who enforce or otherwise determine this proposed rule under E.O. 12866 (58 601(6)). Accordingly, DOT policy compliance with Federal regulations to FR 51735, Oct. 4, 1993), Regulatory requires an analysis of the impact of all the Small Business Administration’s Planning and Review, E.O. 13563 (76 FR regulations on small entities, and Small Business and Agriculture 3821, Jan. 21, 2011), Improving mandates that agencies strive to lessen Regulatory Enforcement Ombudsman Regulation and Regulatory Review, and any adverse effects on these businesses. and the Regional Small Business DOT’s regulatory policies and None of the updates from the 2021 Regulatory Fairness Boards. The procedures. OIRA determined that this edition imposes new requirements or Ombudsman evaluates these actions proposed rule is not a significant makes substantive changes to the annually and rates each agency’s regulatory action under section 3(f) of FMCSRs. E.O. 12866, as supplemented by E.O. responsiveness to small business. If you 13563, and does not require an When an Agency issues a rulemaking wish to comment on actions by assessment of potential costs and proposal, the RFA requires the Agency employees of FMCSA, call 1–888–REG– benefits under section 6(a)(3) of that to ‘‘prepare and make available an FAIR (1–888–734–3247). DOT has a Order. Accordingly, OMB has not initial regulatory flexibility analysis’’ policy regarding the rights of small reviewed it under these Orders. that will describe the impact of the entities to regulatory enforcement The proposed rule, if finalized, would proposed rule on small entities (5 U.S.C. fairness and an explicit policy against update an incorporation by reference 603(a)). Section 605 of the RFA allows retaliation for exercising these rights. from the April 1, 2019, edition to the an agency to certify a rule, instead of E. Unfunded Mandates Reform Act of April 1, 2021, edition of CVSA’s preparing an analysis, if the proposed 1995 handbook titled ‘‘North American rule is not expected to impact a Standard Out-of-Service Criteria and substantial number of small entities. The Unfunded Mandates Reform Act Level VI Inspection Procedures and Out- The proposed rule would update an of 1995 (2 U.S.C. 1531–1538) requires of-Service Criteria for Commercial incorporation by reference found at 49 Federal agencies to assess the effects of Highway Vehicles Transporting CFR 385.4(b)(1) and referenced at 49 their discretionary regulatory actions. In Transuranics and Highway Route CFR 385.415(b), and would incorporate particular, the Act addresses actions Controlled Quantities of Radioactive by reference the April 1, 2021, edition that may result in the expenditure by a Materials as defined in 49 CFR part of the CVSA handbook. The changes to State, local, or Tribal government, in the 173.403.’’ FMCSA reviewed its MCMIS the 2021 edition of the CVSA handbook aggregate, or by the private sector of data on inspections performed from from the 2019 edition are intended to $170 million (which is the value 2015 to 2019 and does not expect the ensure clarity in the presentation of the equivalent of $100 million in 1995, handbook updates to have any effect on OOS conditions, and are generally adjusted for inflation to 2020 levels) or the number of OOS violations cited editorial or ministerial. As noted above, more in any one year. Though this during Level VI inspections. Therefore, FMCSA does not expect the changes rulemaking would not result in such an the proposed rule’s impact would be de made in the 2021 edition of the CVSA expenditure, the Agency does discuss minimis. handbook to affect the number of OOS the effects of this rulemaking elsewhere in this preamble. B. Congressional Review Act violations cited during Level VI inspections. Accordingly, I certify that, F. Paperwork Reduction Act Pursuant to the Congressional Review if promulgated, this proposed rule will Act (5 U.S.C. 801, et seq.), the Office of This rulemaking contains no new not have a significant economic impact information collection requirements Information and Regulatory Affairs on a substantial number of small (OIRA) designated this rulemaking as under the Paperwork Reduction Act of entities. FMCSA invites comments from 1995 (44 U.S.C. 3501–3520). not a ‘‘major rule,’’ as defined by 5 anyone who believes there will be a 4 U.S.C. 804(2). significant impact on small entities from G. E.O. 13132 (Federalism) this action. 4 A ‘‘major rule’’ means any rule that the A rule has implications for federalism Administrator of OIRA at OMB finds has resulted under Section 1(a) of E.O. 13132 if it has in or is likely to result in (a) an annual effect on significant adverse effects on competition, ‘‘substantial direct effects on the States, the economy of $100 million or more; (b) a major employment, investment, productivity, innovation, increase in costs or prices for consumers, individual or on the ability of United States-based enterprises on the relationship between the national industries, Federal agencies, State agencies, local to compete with foreign-based enterprises in government and the States, or on the government agencies, or geographic regions; or (c) domestic and export markets (5 U.S.C. 804(2)). distribution of power and
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responsibilities among the various PART 385—SAFETY FITNESS DATES: Comments must be received on levels of government.’’ PROCEDURES or before August 5, 2021. FMCSA has determined that this ADDRESSES: You may submit comments ■ rulemaking would not have substantial 1. The authority citation for part 385 identified by Docket Number FMCSA- direct costs on or for States, nor would continues to read as follows: 2021–0037 using any of the following it limit the policymaking discretion of Authority: 49 U.S.C. 113, 504, 521(b), methods: States. Nothing in this document 5105(d), 5109, 5113, 13901–13905, 13908, • Federal eRulemaking Portal: Go to preempts any State law or regulation. 31135, 31136, 31144, 31148, and 31502; Sec. https://www.regulations.gov/docket/ Therefore, this rulemaking does not 113(a), Pub. L. 103–311; Sec. 408, Pub. L. 104–88, 109 Stat. 803, 958; Sec. 350 of Pub. FMCSA-2021-0037/document. Follow have sufficient federalism implications L. 107–87, 115 Stat. 833, 864; and 49 CFR the online instructions for submitting to warrant the preparation of a 1.87. comments. Federalism Impact Statement. • Mail: Dockets Operations, U.S. ■ 2. Revise § 385.4(b)(1) to read as Department of Transportation, 1200 H. Privacy follows: New Jersey Avenue SE, West Building, The Consolidated Appropriations Act, § 385.4 Matter incorporated by reference. Ground Floor, Room W12–140, 5 2005, requires the Agency to conduct a * * * * * Washington, DC 20590–0001. privacy impact assessment of a (b) * * * • Hand Delivery or Courier: Dockets regulation that will affect the privacy of (1) ‘‘North American Standard Out-of- Operations, U.S. Department of individuals. This rulemaking would not Service Criteria and Level VI Inspection Transportation, 1200 New Jersey require the collection of personally Procedures and Out-of-Service Criteria Avenue SE, West Building, Ground identifiable information. for Commercial Highway Vehicles Floor, Room W12–140, Washington, DC I. E.O. 13175 (Indian Tribal Transporting Transuranics and Highway 20590–0001, between 9 a.m. and 5 p.m., Governments) Route Controlled Quantities of Monday through Friday, except Federal Radioactive Materials as defined in 49 holidays. To be sure someone is there to This rulemaking does not have Tribal CFR part 173.403,’’ April 1, 2021, help you, please call (202) 366–9317 or implications under E.O. 13175, incorporation by reference approved for (202) 366–9826 before visiting Dockets Consultation and Coordination with § 385.415(b). Operations. Indian Tribal Governments, because it * * * * * • Fax: (202) 493–2251. does not have a substantial direct effect FOR FURTHER INFORMATION CONTACT: Mr. on one or more Indian Tribes, on the Issued under authority delegated in 49 CFR 1.87. Luke W. Loy, Vehicle and Roadside relationship between the Federal Meera Joshi, Operations Division, Office of Policy, Government and Indian Tribes, or on Federal Motor Carrier Safety the distribution of power and Deputy Administrator. [FR Doc. 2021–14039 Filed 7–2–21; 8:45 am] Administration, 1200 New Jersey responsibilities between the Federal Avenue SE, Washington, DC 20590– BILLING CODE 4910–EX–P Government and Indian Tribes. 0001; (202) 366–0676; Luke.Loy@ J. National Environmental Policy Act of dot.gov. If you have questions on 1969 DEPARTMENT OF TRANSPORTATION viewing or submitting material to the docket, call Dockets Operations at (202) FMCSA analyzed this rulemaking for Federal Motor Carrier Safety 366–9826. the purpose of the National Administration SUPPLEMENTARY INFORMATION: Environmental Policy Act of 1969 (42 FMCSA organizes this NPRM as U.S.C. 4321 et seq.) and determined this 49 CFR Part 393 action is categorically excluded from follows: further analysis and documentation in [Docket No. FMCSA–2021–0037] I. Public Participation and Request for Comments an environmental assessment or RIN 2126–AC42 environmental impact statement under A. Submitting Comments FMCSA Order 5610.1 (69 FR 9680, Parts and Accessories Necessary for B. Viewing Comments and Documents C. Privacy Act March 1, 2004), Appendix 2, paragraph Safe Operation; Authorized Windshield II. Executive Summary 6(b). This Categorical Exclusion (CE) Area for the Installation of Vehicle A. Purpose and Summary of the Regulatory covers minor revisions to regulations. Safety Technology Action The proposed requirements in this B. Costs and Benefits AGENCY: Federal Motor Carrier Safety rulemaking are covered by this CE and III. Abbreviations Administration (FMCSA), Department the rulemaking does not have any effect IV. Legal Basis of Transportation (DOT). on the quality of the environment. V. Background ACTION: Notice of proposed rulemaking A. Temporary Exemptions List of Subjects in 49 CFR 385 (NPRM). B. Petition To Initiate Rulemaking VI. Discussion of Proposed Rulemaking Administrative practice and SUMMARY: FMCSA proposes to amend VII. Section-By-Section Analysis procedure, Highway safety, the Federal Motor Carrier Safety VIII. Regulatory Analyses Incorporation by reference, Mexico, Regulations (FMCSRs) to increase the A. E.O. 12866 (Regulatory Planning and Motor carriers, Motor vehicle safety, area within which certain vehicle safety Review), E.O. 13563 (Improving Reporting and recordkeeping technology devices may be mounted on Regulation and Regulatory Review), and requirements. the interior of the commercial motor DOT Regulatory Policies and Procedures vehicle (CMV) windshields. In addition, B. Congressional Review Act In consideration of the foregoing, C. Waiver of Advance Notice of Proposed FMCSA proposes to amend 49 CFR FMCSA proposes to add items to the Rulemaking chapter III, part 385, as set forth below: definition of vehicle safety technology. D. Regulatory Flexibility Act (Small This NPRM responds to a rulemaking Entities) 5 Public Law 108–447, 118 Stat. 2809, 3268, 5 petition from Daimler Trucks North E. Assistance for Small Entities U.S.C. 552a note (Dec. 8, 2004). America (DTNA). F. Unfunded Mandates Reform Act of 1995
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G. Paperwork Reduction Act (Collection of should be sent to Mr. Brian Dahlin, swept by the windshield wipers, or (2) Information) Chief, Regulatory Analysis Division, not more than 175 mm (7 inches) above H. E.O. 13132 (Federalism) Office of Policy, Federal Motor Carrier the lower edge of the area swept by the I. Privacy Safety Administration, 1200 New Jersey windshield wipers, and (3) outside the J. E.O. 13175 (Indian Tribal Governments) K. National Environmental Policy Act of Avenue SE, Washington, DC 20590– driver’s sight lines to the road and 1969 0001. Any comments FMCSA receives highway signs and signals. not specifically designated as CBI will Specifically, the Agency proposes to I. Public Participation and Request For be placed in the public docket for this modify § 393.60(e)(1)(ii) to increase Comments rulemaking. from 100 mm (4 inches) to 216 mm (8.5 A. Submitting Comments inches) the distance below the upper B. Viewing Comments and Documents edge of the area swept by the If you submit a comment, please To view documents mentioned as windshield wipers within which include the docket number for this being available in the docket, go to vehicle safety technologies may be NPRM (FMCSA–2021–0037), indicate https://www.regulations.gov/docket/ mounted. The other parameters would the specific section of this document to FMCSA-2021-0037/document and remain unchanged. The Agency believes which your comment applies, and choose the document to review. To view the potential economic impact of these provide a reason for each suggestion or comments, click this NPRM, and click changes is negligible. The proposed recommendation. You may submit your ‘‘Browse Comments.’’ If you do not have amendments do not impose new or comments and material online or by fax, access to the internet, you may view the more stringent requirements, but simply mail, or hand delivery, but please use docket online by visiting Dockets codify the temporary exemptions only one of these means. FMCSA Operations in Room W12–140 on the granted pursuant to 49 CFR part 381 recommends that you include your ground floor of the DOT West Building, that allow the use of the devices/ name and a mailing address, an email 1200 New Jersey Avenue SE, technologies in locations that would address, or a phone number in the body Washington, DC 20590–0001, between 9 previously have been a violation of of your document so FMCSA can a.m. and 5 p.m., Monday through § 393.60(e)(1). More importantly, the contact you if there are questions Friday, except Federal holidays. To be amendments do not mandate the use of regarding your submission. sure someone is there to help you, any devices/technologies, but simply To submit your comment online, go to please call (202) 366–9317 or (202) 366– permit their voluntary use while https://www.regulations.gov/docket/ 9826 before visiting Dockets Operations. mounted in a location that maximizes FMCSA-2021-0037/document, click on their effectiveness without impairing C. Privacy Act this NPRM, click ‘‘Comment,’’ and type operational safety. your comment into the text box on the DOT solicits comments from the following screen. public to better inform its rulemaking B. Costs and Benefits If you submit your comments by mail process, in accordance with 5 U.S.C. The Agency expects that if a final rule or hand delivery, submit them in an 553(c). DOT posts these comments, is adopted consistent with this NPRM, 1 unbound format, no larger than 8 ⁄2 by without edit, including any personal it would generate cost savings for both 11 inches, suitable for copying and information the commenter provides, to industry and the Federal Government by electronic filing. If you submit www.regulations.gov, as described in reducing the overall time burden comments by mail and would like to the system of records notice (DOT/ALL associated with the exemption request know that they reached the facility, 14—Federal Docket Management and approval process associated with 49 please enclose a stamped, self-addressed System (FDMS)), which can be reviewed U.S.C. 31315 and the implementing postcard or envelope. at www.transportation.gov/privacy. regulations under 49 CFR part 381. The FMCSA will consider all comments Agency estimates this NPRM would and material received during the II. Executive Summary result in total annualized cost savings of comment period. A. Purpose and Summary of the $12,184 and $10,705 at 3 percent and 7 Confidential Business Information (CBI) Regulatory Action percent discount rates, respectively. CBI is commercial or financial Section 393.60(e)(1)(i) of the FMCSRs III. Abbreviations information that is both customarily and prohibits obstruction of the driver’s ADAS Advanced Driver Assistance System actually treated as private by its owner. field of view by devices mounted at the ANPRM Advance Notice of Proposed Under the Freedom of Information Act top of the windshield. Antennas and Rulemaking (5 U.S.C. 552), CBI is exempt from similar devices must not be mounted BLS U.S. Bureau of Labor Statistics public disclosure. If your comments more than 152 mm (6 inches) below the CE Categorical Exclusion responsive to the NPRM contain upper edge of the windshield, and must CIB Crash Imminent Braking commercial or financial information be outside the driver’s sight lines to the CMV Commercial Motor Vehicle that is customarily treated as private, road and highway signs and signals. DOT Department of Transportation DBS Dynamic Brake Support that you actually treat as private, and Section 393.60(e)(1)(i) does not apply DTNA Daimler Trucks North America that is relevant or responsive to the to vehicle safety technologies, as ECEC Employer Costs for Employee NPRM, it is important that you clearly defined in § 393.5, that include ‘‘a fleet- Compensation designate the submitted comments as related incident management system, ELD Electronic Logging Devices CBI. Please mark each page of your performance or behavior management E.O. Executive Order submission that constitutes CBI as system, speed management system, FASTAct Fixing America’s Surface ‘‘PROPIN’’ to indicate it contains forward collision warning or mitigation Transportation Act proprietary information. FMCSA will system, active cruise control system, FMCSA Federal Motor Carrier Safety and transponder.’’ Section Administration treat such marked submissions as FMCSRs Federal Motor Carrier Safety confidential under the Freedom of 393.60(e)(1)(ii) requires devices with Regulations Information Act, and they will not be vehicle safety technologies to be FR Federal Register placed in the public docket of the mounted (1) not more than 100 mm (4 GS General Schedule NPRM. Submissions containing CBI inches) below the upper edge of the area GPS Global Positioning System
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NEPA National Environmental Policy Act date of enactment of the FAST Act level that would be achieved absent the of 1969 ‘‘shall be considered likely to achieve a exemption. On September 23, 2016, NPRM Notice of Proposed Rulemaking level of safety that is equivalent to or FMCSA published a final rule titled OMB Office of Management and Budget greater than the level of safety that ‘‘Parts and Accessories Necessary for PIA Privacy Impact Assessment PII Personally Identifiable Information would be achieved absent an exemption Safe Operation; Windshield-Mounted Secretary Secretary of Transportation . . . .’’ Technologies,’’ (81 FR 65568), which U.S.C. United States Code This NPRM is based in part on the amended the FMCSRs to allow the 1935 Act, which allows the Agency to voluntary mounting of certain devices IV. Legal Basis for the Rulemaking regulate the ‘‘safety of operation and on the interior of the windshields of This NPRM is based on the authority equipment’’ of a motor carrier and the CMVs, including placement within the of the Motor Carrier Act, 1935 [1935 ‘‘standards of equipment’’ of a motor area that is swept by the windshield Act], the Motor Carrier Safety Act of private carrier. The requirements of 49 wipers (49 CFR 393.60(e)(1)). 1984 [1984 Act], and the Fixing U.S.C. 31136 (a)(1), (2), and (4) of the America’s Surface Transportation 1984 Act are also applicable to this A. Temporary Exemptions (FAST) Act. rulemaking action. The Agency Since the Agency amended § 393.60 The 1935 Act, as amended, provides proposes to amend 49 CFR part 393 to in 2016, FMCSA has granted a number that ‘‘[t]he Secretary of Transportation allow certain safety equipment to be of temporary exemptions for the may prescribe requirements for—(1) mounted within the area of the placement of safety technologies and qualifications and maximum hours of windshield swept by the windshield devices that require a clear forward- service of employees of, and safety of wipers. The Agency believes that these facing visual field for proper operation. operation and equipment of, a motor changes will be welcomed by motor These devices either need to be carrier; and (2) qualifications and carriers and drivers alike and that mounted within the swept area of the maximum hours-of-service of employees coercion to violate these revised windshield, or should be mounted on of, and standards of equipment of, a provisions, which is prohibited by the windshield so that the driver does motor private carrier, when needed to § 31136(a)(5), will not be an issue. The not have to take his/her eyes off the road promote safety of operation.’’ [49 U.S.C. NPRM does not involve the physical to look at the device, such as Global 31502(b)]. condition of drivers under § 31136(a)(3). Positioning System (GPS) displays. The 1984 Act provides concurrent This NPRM rests in part on the intent On August 3, 2017 (82 FR 36182), authority to regulate drivers, motor of Congress expressed in section 5301 of FMCSA granted Hino Motors a 5-year carriers, and vehicle equipment. It the FAST Act to exempt safety exemption from 49 CFR 393.60(e)(1) on requires the Secretary to ‘‘prescribe equipment mounted within the swept behalf of motor carriers to operate CMVs regulations on commercial motor area of windshields, provided such manufactured by Hino equipped with vehicle safety. The regulations shall devices do not degrade operational Automated Emergency Braking/Lane prescribe minimum safety standards for safety. commercial motor vehicles. At a FMCSA must consider the ‘‘costs and Departure Warning system cameras minimum, the regulations shall ensure benefits’’ of any proposal before mounted in the approximate center of that—(1) commercial motor vehicles are promulgating regulations (49 U.S.C. the windshield such that the bottom maintained, equipped, loaded, and 31136(c)(2)(A), 31502(d)). edge of the camera is not more than 7 operated safely; (2) the responsibilities inches below the upper edge of the V. Background imposed on operators of commercial windshield and outside the driver’s motor vehicles do not impair their The fundamental purpose of 49 CFR sight lines to all mirrors, highway signs, ability to operate the vehicles safely; (3) part 393, ‘‘Parts and Accessories signals, and view of the road ahead. the physical condition of operators of Necessary for Safe Operation,’’ is to On January 31, 2018 (83 FR 4543), commercial motor vehicles is adequate ensure that no employer shall operate a FMCSA granted DTNA a 5-year to enable them to operate vehicles safely CMV, or cause or permit it to be exemption from 49 CFR 393.60(e)(1) on . . . ; (4) the operation of commercial operated, unless it is equipped in behalf of CMVs manufactured by DTNA motor vehicles does not have a accordance with the requirements and equipped with the Attention Assist and deleterious effect on the physical specifications of this part. However, Lane Departure Warning system camera condition of the operators; and (5) an nothing contained in part 393 shall be mounted in the approximate center of operator of a commercial motor vehicle construed to prohibit the use of the windshield such that the bottom is not coerced by a motor carrier, additional equipment and accessories, edge of the camera is not more than 8.5 shipper, receiver, or transportation not inconsistent with or prohibited by inches below the top of the area swept intermediary to operate a commercial part 393, provided such equipment and by the windshield wipers and outside motor vehicle in violation of a accessories do not decrease the safety of the driver’s sight lines to all mirrors, regulation promulgated under this operation of the CMVs on which they highway signs, signals, and view of the section, or chapter 51 or chapter 313 of are used (§ 393.3). road ahead. this title.’’ [49 U.S.C. 31136(a)]. Section 5301 of the FAST Act On August 22, 2018 (83 FR 42552), Section 5301 of the FAST Act directs directed the Agency to amend the FMCSA granted Traditional Trucking FMCSA to exempt voluntary mounting FMCSRs to allow devices to be mounted Corporation a 5-year exemption from 49 of a vehicle safety technology on a on the windshield that utilize ‘‘vehicle CFR 393.60(e)(1) on behalf of motor windshield if that technology is likely to safety technology,’’ as defined in the carriers to operate CMVs equipped with achieve a level of safety that is Act. In addition, section 5301 stated that GPS devices mounted (1) not more than equivalent to or greater than the level of all windshield-mounted devices/ 100 mm (4 inches) below the upper edge safety that would be achieved without technologies with a limited 2-year of the area swept by the windshield the exemption [Pub. L. 114–94, 129 Stat. exemption in effect on the date of wipers; or (2) not more than 175 mm (7 1312, 1543, Dec. 4, 2015]. Section enactment were considered to meet the inches) above the lower edge of the area 5301(c) also specifies that any safety standard required for the initial swept by the windshield wipers; and (3) regulatory exemption for windshield- exemption, i.e., achieving a level of outside the driver’s sight lines to the mounted technologies in effect on the safety equivalent to, or greater than, the road and highway signs and signals.
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On April 15, 2019 (84 FR 15284), ahead, highway signs and signals, and add technologies that had been granted FMCSA granted SmartDrive a 5-year all mirrors. temporary exemptions from § 393.60(e) exemption from 49 CFR 393.60(e)(1) on On November 24, 2020 (85 FR 75106), since the 2016 final rule. Consistent behalf of motor carriers to operate CMVs FMCSA granted J.J. Keller & Associates, with the terms and conditions outlined equipped with the SmartDrive’s Inc. a 5-year exemption from 49 CFR in the various temporary exemptions Advanced Driver Assistance System 393.60(e)(1) on behalf of motor carriers currently in effect, FMCSA proposes to (ADAS) camera system mounted in the operating CMVs equipped with J. J. require devices that must be mounted approximate center of the windshield Keller’s ADAS camera mounted in within the area swept by the windshield such that the bottom edge of the camera approximately the top center of the wipers to be located (1) not more than is not more than 8 inches below the windshield and such that the bottom 216 mm (8.5 inches) below the upper upper edge of the swept area of the edge of the camera housing is edge, and (2) not more than 175 mm (7 windshield wiper and outside the approximately 8 inches below the upper inches) above the lower edge of the driver’s sight lines to all mirrors, edge of the area swept by the swept area. Additionally, and consistent highway signs, signals, and view of the windshield wipers, outside of the with the existing regulation and the road ahead. driver’s normal sight lines to the road terms and conditions of the temporary On November 25, 2019 (84 FR 64952), ahead, highway signs and signals. exemptions, the devices would have to FMCSA granted Navistar a 5-year On December 18, 2020 (85 FR 82575), be located outside the driver’s sight exemption from 49 CFR 393.60(e)(1) on FMCSA granted Netradyne Inc. a 5-year lines to the road and highway signs and behalf of motor carriers to operate CMVs exemption from 49 CFR 393.60(e)(1) on signals. equipped with Navistar’s ADAS behalf of motor carriers operating CMV’s Similar to the 2016 amendments to mounted in approximately the top utilizing the Netradyne Driveri® Dash § 393.60, this NPRM proposes to update center of the windshield and such that Cam which is mounted near the top the FMCSRs in response to the the bottom edge of the camera housing center of the windshield, with the development and proliferation of is approximately 8 inches below the bottom of the camera housing located devices that utilize new and innovative upper edge of the windshield, outside of approximately 8 inches below the top of vehicle safety technologies that did not the driver’s normal sight lines to the the area swept by the windshield exist at the time the previous road ahead, highway signs and signals, wipers, and outside the driver’s sight requirements were adopted. If finalized, and all mirrors. lines to the road and highway signs and this NPRM rule would add GPS to the On May 21, 2020 (85 FR 31021), signals. list of vehicle safety technologies even FMCSA granted Lytx, Inc. a 5-year though the GPS display does not require exemption from 49 CFR 393.60(e)(1) on B. Petition for Rulemaking a clear forward-facing visual field behalf of motor carriers to operate CMVs On March 10, 2019, DTNA petitioned through the windshield. As discussed in equipped with Lytx’s ADAS mounted in the Agency to initiate a rulemaking to the Traditional Trucking Corporation approximately the top center of the amend 49 CFR 393.60, ‘‘Parts and temporary exemption, GPS devices windshield and such that the bottom Accessories Necessary for Safe cannot be mounted to the ‘‘face’’ of the edge of the camera housing is Operation, Glazing in Specified CMVs control panel as that area is approximately 8 inches below the upper Openings.’’ 1 DTNA sought a revision to covered with controls and displays edge of the area swept by the 49 CFR 393.60(e)(l)(ii)(A) to allow necessary for the operation of the CMV. windshield wipers, outside of the safety-enhancing technologies to be The GPS device can be located on top driver’s normal sight lines to the road placed on the interior of the windshield of the dash, which in many cases leaves ahead, highway signs and signals, and within 8.5 inches below the upper edge the GPS in the same visual field as if the all mirrors. of the area swept by the windshield GPS were located on the windshield in On October 9, 2020 (85 FR 64220), wipers, which would make permanent the lower allowable area. Mounting the FMCSA granted Nauto, Inc. a 5-year the exemption the Agency granted GPS lower on the dash would take the exemption from 49 CFR 393.60(e)(1) on DTNA in 2018. The petition also asked driver’s eyes farther from the road. The behalf of motor carriers to operate CMVs FMCSA to expand the definition of size of GPS display units is equipped with Nauto’s multi-sensor vehicle safety technology, found at approximately the same size as the device mounted in approximately the § 393.5, to include additional items of currently allowed vehicle safety top center of the windshield and such equipment that are intended to promote technologies in the driver’s visual field. that the bottom edge of the multi-sensor driver, occupant, and roadway safety. These devices/technologies have been device housing is approximately 8 These items included braking warning proven to improve safety and vehicle inches below the upper edge of the area systems, braking assist systems, operations. swept by the windshield wipers, outside automatic emergency braking, driver The first temporary exemption from of the driver’s normal sight lines to the camera system, attention assist warning, § 393.60(e)(1) was granted in March road ahead, highway signs and signals, and traffic sign recognition. 2009, and FMCSA has over 12 years of and all mirrors. real-world experience overseeing motor On October 28, 2020 (85 FR 68409), VI. Discussion of Proposed Rulemaking carriers operating CMVs using devices FMCSA granted Samsara Networks, Inc. FMCSA proposes to amend mounted on the interior of the a 5-year exemption from 49 CFR § 393.60(e) to allow certain additional windshield and marginally within the 393.60(e)(1) on behalf of motor carriers vehicle safety technologies to be area swept by the windshield wipers. to operate CMVs equipped with mounted on the interior of the FMCSA is unaware of any crashes Samsara’s AI Dash Cam device mounted windshield of a CMV, within a defined during that time attributed to the in approximately the top center of the portion of the swept area of the location of such devices. windshield and such that the bottom windshield. FMCSA is proposing to To assist in development of the edge of the AI Dash Cam device is modify the definition of vehicle safety proposed regulatory revisions, the approximately 8 inches below the upper technology in § 393.5 of the FMCSRs, to Agency specifically requests responses edge of the area swept by the to the following questions: windshield wipers, outside of the 1 The petition is available at https:// 1. Does the definition of vehicle safety driver’s normal sight lines to the road www.fmcsa.dot.gov/regulations/petitions-0. technology need to be expanded further
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to address other potential technologies of that Order. Accordingly, OMB has not As originally enacted, 49 U.S.C. and/or multifunction devices such as reviewed it under these Orders. 31315(b) allowed an exemption from a electronic logging devices that Additionally, this NPRM supports regulation (and a renewal) for no longer incorporate technologies such as GPS Executive Order 13859 which states that than 2 years from its approval date. that either require placement in the ‘‘the policy of the United States Section 5206(a)(3) of the FAST Act approximate middle of the CMV Government is to sustain and enhance (Pub. L. 114–94, 129 Stat. 1312, 1534– windshield or would benefit driver the scientific, technological, and 1535 Dec. 4, 2015) amended section safety by not diverting the CMV driver’s economic leadership position of the 31315(b) to allow an exemption to be eyes from the road and would be subject United States in AI [artificial granted for no longer than 5 years and to the positioning requirements of intelligence].’’ 2 The deployment of AI to be renewed, upon request, for § 393.60(e)(1)? holds the promise to improve efficiency, subsequent periods no longer than 5 2. Would the proposed position of effectiveness, safety, fairness, welfare, years. 49 CFR 381.300 (b) allowable vehicle safety technologies transparency, and other economic and Section 393.60(e)(1)(i) of the FMCSRs (not more than 8.5 inches below the social goals, and America’s continued prohibits the obstruction of the driver’s upper and 7 inches above the lower status as a global leader in AI field of view by devices mounted on the edge of the swept area of the development is important to preserving interior of the windshield. Antennas windshield) be sufficient for current and and similar devices must not be developing devices? our economic and national security. The importance of developing and deploying mounted more than 152 mm (6 inches) VII. Section-by-Section Analysis AI requires a regulatory approach that below the upper edge of the windshield, and outside the driver’s sight lines to This section-by-section analysis fosters innovation and growth and engenders trust, while protecting core the road and highway signs and signals. describes the proposed changes in Section 393.60(e)(1)(i) does not apply to numerical order. American values, through both regulatory and non-regulatory actions vehicle safety technologies, as defined A. Section 393.5 Definitions and reducing unnecessary barriers to the in 49 CFR 390.5, including ‘‘a fleet- The definition for vehicle safety development and deployment of AI. To related incident management system, technology would be revised by adding support innovation and growth in the performance or behavior management more examples of vehicle safety technological sector of CMV safety, system, speed management system, lane technologies to those listed in the FMCSA is issuing this NPRM as a departure warning system, forward definition. response to a rulemaking petition from collision warning or mitigation system, DTNA.3 active cruise control system, and B. Section 393.60 Glazing in Specified transponder.’’ Section 393.60(e)(1)(ii) Openings Baseline for the Analysis requires devices with vehicle safety technologies to be mounted (1) not more This section would be revised by The mounting of devices on the replacing ‘‘100 mm (4 inches)’’ with than 100 mm (4 inches) below the upper interior of the windshield within the ‘‘216 mm (8.5 inches)’’ in paragraph edge of the area swept by the area swept by the windshield wipers is (e)(1)(ii)(A). Additionally, a new windshield wipers, or (2) not more than prohibited under 49 CFR 393.60(e), paragraph (e)(1)(ii)(C) would be added 175 mm (7 inches) above the lower edge unless they are vehicle safety to read ‘‘Outside the driver’s sight lines of the area swept by the windshield technologies. FMCSA has authority to the road and highway signs and wipers, and outside the driver’s sight under 49 U.S.C. 31315(b) to grant signals.’’ lines to the road and highway signs and exemptions from certain parts of the signals. VIII. Regulatory Analyses FMCSRs. FMCSA must publish a notice This NPRM proposes revisions to 49 of each exemption request in the A. Executive Order (E.O.) 12866 CFR 393.60 to expand the area where Federal Register (49 CFR 381.315(a)). (Regulatory Planning and Review), E.O. vehicle safety technologies (e.g., lane The Agency must provide the public an 13563 (Improving Regulation and departure warning systems, forward opportunity to inspect the information Regulatory Review), and DOT collision warning and mitigation relevant to the application, including Regulatory Policies and Procedures systems utilizing automated emergency any safety analyses that have been braking, enhanced driver performance FMCSA has considered the impact of conducted. The Agency must also and behavior management and coaching this notice of proposed rulemaking provide an opportunity for public systems) could be installed on the under E.O. 12866 (58 FR 51735, Oct. 4, comment on the request. FMCSA notes interior of windshields of CMVs. The 1993), Regulatory Planning and Review, that the burden associated with NPRM, if finalized consistent with the E.O. 13563 (76 FR 3821, Jan. 21, 2011), preparing an exemption request is not terms proposed, would generate cost Improving Regulation and Regulatory included in a currently approved savings for both industry and Review, and DOT’s regulatory policies information collection request (ICR), government and is anticipated to and procedures. OIRA determined that and is pursuing completion of that ICR achieve a level of safety equivalent to, this notice of proposed rulemaking is outside of this rulemaking. not a significant regulatory action under or greater than, the level that would be section 3(f) of E.O. 12866, as achieved by the current regulation. 2 See Exec. Order No. 13,859, section 1, 84 FR Table 1 provides a summary of the supplemented by E.O. 13563, and does 3967 not require an assessment of potential 3 https://www.fmcsa.dot.gov/regulations/ affected population, costs, cost savings, costs and benefits under section 6(a)(3) petitions-0. and benefits of this NPRM.
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TABLE 1—SUMMARY OF THE IMPACTS OF THIS NPRM
Category Summary
Applicability ...... Revisions to 49 CFR 393.60 to expand the area vehicle safety tech- nologies could be installed on the interior windshield of CMVs. Affected Population ...... Potentially, all CMVs, as defined in 49 CFR 390.5. Costs ...... There would be no costs to industry or the Federal Government. Industry Costs Savings ($, 7 percent discount rate) ...... 10-year: $3,992. Annualized: $568. Federal Government Cost Savings ($, 7 percent discount rate) ...... 10-year: $71,196. Annualized: $10,136. Total Cost Savings ($, 7 percent discount rate) ...... 10-year: $75,189. Annualized: $10,705. Benefits ...... This NPRM, if finalized, would provide a greater available area for the voluntary deployment of windshield-mounted safety technologies such as lane departure warning systems and automated emergency braking safety systems which have the potential to reduce fatalities, injuries, and property damages while maintaining a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation.
Cost, Cost Savings & Benefits potentially save lives and reduce Wage Rates This NPRM proposes two changes to moderate and less severe rear-end crashes. For this analysis, we calculated the Parts and Accessories Necessary for private sector wages using 2019 wage Safe Operation regulations in 49 CFR With regards to the existing § 393.60, data from the U.S. Bureau of Labor part 393, subpart A and subpart D. (e)(1)(ii), Paragraph (e)(1)(i) of this Under the existing § 393.5 definitions, section does not apply to vehicle safety Statistics (BLS) Occupational vehicle safety technology includes a technologies, as defined in § 393.5, that Employment Statistics for the fleet-related incident management are mounted on the interior of a Management of Companies and system, performance or behavior windshield. Devices with vehicle safety Enterprises (North American Industry management system, speed management technologies must be mounted outside Classification System 551100). We used system, lane departure warning system, the driver’s sight lines to the road and median hourly wage for Standard forward collision warning or mitigation to highway signs and signals, and: Occupational Classification Code 11– system, active cruise control system, • Not more than 100 mm (4 inches) 2021—Marketing Managers which is and transponder. Under the proposed below the upper edge of the area swept $65.79.4 rulemaking § 393.5 definitions would by the windshield wipers. We added a load factor to the industry now also include braking warning • Not more than 175 mm (7 inches) wages for Marketing Managers using systems, braking assist systems, above the lower edge of the area swept December 2019 wage and total automatic emergency braking, driver by the windshield wipers. compensation data from the BLS camera systems, attention assist Under the proposed change to Employer Costs for Employee warning, Global Positioning Systems § 393.60, (e)(1)(ii), Paragraph (e)(1)(i) of and traffic sign recognition. Vehicle Compensation (ECEC) survey, which this section does not apply to vehicle accounts for employee benefits. This safety technology includes systems and safety technologies, as defined in devices that contain cameras, lidar, load factor represents the total benefits § 393.5, that are mounted on the interior 5 radar, sensors and/or video. as a percentage of total salary. We of a windshield. Devices with vehicle multiply the median hourly wage by the As a result of the proposed change, safety technologies must be mounted there would be new examples of vehicle load factor to get the full loaded wage outside the driver’s sight lines to the safety technology devices and systems of $94.74. road and to highway signs and signals, which would better accommodate the and: We utilize Federal Government vehicle manufacturer advancements in • employee wage rates based on the Office the field of driver assistance Not more than 216 mm (8.5 inches) below the upper edge of the area swept of Personnel Management (OPM) 2019 technologies. The proposed change General Schedule (GS) pay for the DC– would have no cost. There would be by the windshield wipers; or • Not more than 175 mm (7 inches) MD–VA–WV–PA locality for a GS–15 benefits accrued through improved grade.6 Using OPM data, we generate an safety performance of CMVs via fatality, above the lower edge of the area swept injury, and property damage prevention. by the windshield wipers; and • Outside the driver’s sight lines to 4 https://www.bls.gov/oes/2019/may/oes_nat.htm For example, lane departure warning (last accessed April 20, 2021). systems are anticipated to prevent the road and highway signs and signals. 5 We calculate the load factor for wages by accidents involving striking a car in an This proposed change would expand dividing total compensation by wages and salaries. adjoining lane, which could either the area available for mounting vehicle For this analysis, we used BLS’ ECEC/Management, involve ‘‘sideswiping’’ a vehicle safety technologies on the interior of a professional, and related occupations. Using December 2019 data, we divided the total traveling in the same direction or hitting windshield. The proposed change compensation amount of $60.83 by the wage and a vehicle traveling in the opposite would have no cost but would result in salary amount of $42.33 to get the load factor of direction, and rollovers, which often an annualized cost savings from 1.44 ($60.83 divided by $42.33). This data is found occur when a vehicle leaves the road. reduced exemption application and in table 9 of the ECEC Historical Listing. https:// www.bls.gov/web/ecec/ececqrtn.pdf. Additionally, automatic Emergency approval process. The cost savings are 6 https://www.opm.gov/policy-data-oversight/pay- Braking systems engage dynamic brake estimated to be $12,184 and $10,705 at leave/salaries-wages/salary-tables/pdf/2019/ support or crash-imminent braking to 3 percent and 7 percent discount rates. DCB.pdf.
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hourly wage for a GS–15 Step 1 grade would experience no added burdens or expanded area is outside the driver’s to be $66.05.7 costs. line of sight to the road, highway signs, OMB publishes an object class In CMVs, drivers sit in an elevated and signals. analysis of the budget of the U.S. position that greatly improves the Cost Savings Government.8 The object class provides forward visual field. When FMCSA the actual values that, in 2019, DOT previously granted exemptions, it found We anticipate that this NPRM, if spent $5,931 million in full-time that doing so would likely achieve a finalized consistent with the terms permanent employee compensation and level of safety equivalent to, or greater proposed, would generate cost savings $2,497 million in civilian employee than, the level of safety achieved to (1) motor carrier companies that file benefits. Based on this, FMCSA without the exemption. As described in fewer periodic exemption requests, and estimates a fringe benefit rate of 42.10 Section VI. of this NPRM, since issuing (2) the Federal Government by reducing percent (2,497/5,931) for FMCSA the first temporary exemption from the volume of exemption requests to be personnel or $27.81 ($66.05 × 42.10 § 393.60(e)(1) in 2009, FMCSA is reviewed and processed. percent). The fully loaded hourly wage unaware of any crashes that have been Several manufacturers of windshield- for a GS–15 Step 1 is $93.86 ($66.05 + attributed to the location of such mounted technologies have requested $27.81). devices. exemptions from FMCSA. We estimate The expanded location—not more that this takes about 2 hours of company Costs than 216 mm (8.5 inches) below the time. Manufacturers, on average, apply Motor carriers, industry technological upper edge of the area swept by the for 3 exemptions per year. Table 3 manufacturers, and drivers would not windshield wipers, and not more than provides the 10-year time horizon cost incur any new costs associated with this 175 mm (7 inches) above the lower edge savings stream based on the yearly NPRM. Adopting and using windshield- of the area swept– is expected to keep undiscounted $568 (rounded to the mounted technologies is purely pace with technological advances and nearest whole dollar) cost savings to optional. Those who install and use further aid in meeting the statutory industry if this NPRM would be windshield-mounted technologies requirements of the FAST Act. The finalized in 2022.9
TABLE 3—TOTAL AND ANNUALIZED COST SAVINGS TO INDUSTRY 10
Total Total discounted Year undiscounted costs savings 7 percent 3 percent
2022 ...... $568 $531 $552 2023 ...... 568 496 536 2024 ...... 568 464 520 2025 ...... 568 434 505 2026 ...... 568 405 490 2027 ...... 568 379 476 2028 ...... 568 354 462 2029 ...... 568 331 449 2030 ...... 568 309 436 2031 ...... 568 289 423 Total ...... 5,684 3,992 5,519
Annualized ...... 568 647
Federal Government employees who exemption is granted by the Associate savings stream based on the yearly possess the technical knowledge Administrator at the Senior Executive undiscounted $10,137 (rounded to the required to review windshield Service level.11 We estimate the total nearest whole dollar) cost savings to the exemption applications are senior time from initial exemption receipt to Federal Government if this NPRM engineers and attorneys at the GS–15 final approval to be 12 hours. Table 4 would be finalized in 2022.12 grade. A final approval letter for an provides the 10-year time horizon cost
TABLE 4—TOTAL AND ANNUALIZED COST SAVINGS TO THE FEDERAL GOVERNMENT 13
Total Total discounted Year undiscounted costs savings 7 percent 3 percent
2022 ...... $10,137 $9,474 $9,842 2023 ...... 10,137 8,854 9,555 2024 ...... 10,137 8,275 9,277 2025 ...... 10,137 7,733 9,006 2026 ...... 10,137 7,227 8,744
7 https://www.opm.gov/policy-data-oversight/pay- 10 (Total Cost Savings in this table may not equal 12 Loaded Hourly Wage × Number of Hours × leave/salaries-wages/salary-tables/pdf/2019/DCB_ the sum total of yearly cost savings due to rounding Average number of exemptions x Personnel ($93.86 h.pdf. in underlying calculations). × 12 × 3 × 3). 8 https://www.govinfo.gov/content/pkg/BUDGET- 11 The Agency is assuming that an Associate 2021-OBJCLASS/pdf/BUDGET-2021-OBJCLASS.pdf. Administrator at the Senior Executive Service level 9 Loaded Hourly wage × Number of Hours × is equivalent to a GS–15 grade for the purpose of Average number of exemptions ($94.74 × 2 × 3). this analysis.
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TABLE 4—TOTAL AND ANNUALIZED COST SAVINGS TO THE FEDERAL GOVERNMENT 13—Continued
Total Total discounted Year undiscounted costs savings 7 percent 3 percent
2027 ...... 10,137 6,755 8,489 2028 ...... 10,137 6,313 8,242 2029 ...... 10,137 5,900 8,002 2030 ...... 10,137 5,514 7,769 2031 ...... 10,137 5,153 7,543 Total ...... 101,368 71,197 98,416
Annualized ...... 10,137 11,537
Table 5 provides the total 10-year on the yearly undiscounted cost savings whole dollar) for both industry and the time horizon cost savings stream based of $10,705 (rounded to the nearest Federal Government.
TABLE 5—TOTAL COST SAVINGS FOR INDUSTRY & THE FEDERAL GOVERNMENT 14
Total Total discounted Year undiscounted costs savings 7 percent 3 percent
2022 ...... $10,705 $10,005 $10,393 2023 ...... 10,705 9,350 10,091 2024 ...... 10,705 8,739 9,797 2025 ...... 10,705 8,167 9,511 2026 ...... 10,705 7,633 9,234 2027 ...... 10,705 7,133 8,965 2028 ...... 10,705 6,667 8,704 2029 ...... 10,705 6,231 8,451 2030 ...... 10,705 5,823 8,205 2031 ...... 10,705 5,442 7,966 Total ...... 107,053 75,189 103,934
Annualized ...... 10,705 12,184
Benefits current exemption approval 393.5 to broaden the definition of The Agency was unable to identify requirements. This alternative currently vehicle safety technology. literature that quantified the benefits of limits the windshield area in which new Using this alternative, FMCSA would increasing the allowable windshield safety technologies can be mounted to increase the allowable windshield area area for the mounting of vehicle safety not more than 100 mm (4 inches) below for installation of vehicle safety technologies. In the absence of such the upper edge of the area swept by the technologies. This would lead to an analyses, the Agency did not quantify windshield wipers or not more than 175 estimated $10,705 in annual cost benefits associated with the NPRM, mm (7 inches) above the lower edge of savings without any estimated cost though it believes that the rule has the the area swept by the windshield increase or reduction in benefits, as this potential to improve the safety of CMV wipers. This alternative does not favor analysis shows. operations.15 16 The Agency also finds innovation and technological growth, B. Congressional Review Act that CMVs outfitted with vehicle safety nor does it reduce the overall burden to technologies under current exemptions industry of applying for, and to the Pursuant to the Congressional Review do not present an increased safety risk Federal Government of reviewing, Act (5 U.S.C. 801–808), the Office of compared to other CMVs. exemptions. This alternative would Information and Regulatory Affairs maintain the approximately $10,705 designated this rule as not a ‘‘major 17 Discussion of Alternatives (annualized, 7 percent discount rate) in rule,’’ as defined by 5 U.S.C. 804(2). When preparing this NPRM, FMCSA annual costs associated with the overall C. Advance Notice of Proposed considered two alternatives. In this exemption request and approval Rulemaking section, we examine how the cost of the process. Under 49 U.S.C. 31136(g), FMCSA is proposal would change with each Alternative 2: alternative. required to publish an advance notice of Alternative 1: Preferred Alternative— Revise 49 CFR proposed rulemaking (ANPRM) or No Action. 393.60 to expand the windshield area proceed with a negotiated rulemaking, if Using this alternative, FMCSA would where vehicle safety technologies could a proposed rule is likely to lead to the accept the status quo and not change the be installed on CMVs and revise 49 CFR promulgation of a major rule. As this
13 (Total Cost Savings in this table may not equal 16 https://rosap.ntl.bts.gov/view/dot/10. regions; or (c) significant adverse effects on the sum total of yearly cost savings due to rounding 17 A ‘‘major rule’’ means any rule that OMB finds competition, employment, investment, in underlying calculations). has resulted in or is likely to result in (a) an annual productivity, innovation, or on the ability of United 14 (Total Cost Savings in this table may not equal effect on the economy of $100 million or more; (b) States-based enterprises to compete with foreign- the sum total of yearly cost savings due to rounding a major increase in costs or prices for consumers, based enterprises in domestic and export markets in underlying calculations). individual industries, Federal agencies, State (5 U.S.C. 804(2)). 15 https://rosap.ntl.bts.gov/view/dot/4. agencies, local government agencies, or geographic
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proposed rule is not likely to result in Enforcement Fairness Act of 1996,19 H. E.O. 13132 (Federalism) the promulgation of a major rule, the FMCSA wants to assist small entities in Agency is not required to issue an understanding this NPRM so they can A rule has implications for federalism ANPRM or to proceed with a negotiated better evaluate its effects on themselves under section 1(a) of E.O. 13132 if it has ‘‘substantial direct effects on the States, rulemaking. and participate in the rulemaking on the relationship between the national initiative. If the NPRM would affect D. Regulatory Flexibility Act government and the States, or on the your small business, organization, or distribution of power and The Regulatory Flexibility Act (5 governmental jurisdiction and you have U.S.C. 601 et seq.), as amended by the responsibilities among the various questions concerning its provisions or levels of government.’’ FMCSA has Small Business Regulatory Enforcement options for compliance; please consult Fairness Act of 1996,18 requires Federal determined that this rule would not the person listed under FOR FURTHER agencies to consider the effects of the have substantial direct costs on or for INFORMATION CONTACT. regulatory action on small business and States, nor would it limit the other small entities and to minimize any Small businesses may send comments policymaking discretion of States. significant economic impact. The term on the actions of Federal employees Nothing in this document preempts any ‘‘small entities’’ comprises small who enforce or otherwise determine State law or regulation. Therefore, this businesses and not-for-profit compliance with Federal regulations to rule does not have sufficient federalism organizations that are independently the Small Business Administration’s implications to warrant the preparation owned and operated and are not Small Business and Agriculture of a Federalism Impact Statement. dominant in their fields, and Regulatory Enforcement Ombudsman I. Privacy governmental jurisdictions with and the Regional Small Business populations of less than 50,000 (5 U.S.C. Regulatory Fairness Boards. The The Consolidated Appropriations Act, 601(6)). Accordingly, DOT policy Ombudsman evaluates these actions 2005,20 requires the Agency to assess requires an analysis of the impact of all annually and rates each agency’s the privacy impact of a regulation that regulations on small entities, and responsiveness to small business. If you will affect the privacy of individuals. mandates that agencies strive to lessen wish to comment on actions by This NPRM would not require the any adverse effects on these businesses. employees of FMCSA, call 1–888–REG– collection of personally identifiable The Agency expects that this NPRM, FAIR (1–888–734–3247). DOT has a information (PII). Because this NPRM if finalized consistent with the proposed policy regarding the rights of small does not require the collection of PII, terms, would not have a significant entities to regulatory enforcement the Agency is not required to conduct a economic impact on small entities. We fairness and an explicit policy against privacy impact assessment (PIA). expect a final rule consistent with the retaliation for exercising these rights. Section 208 of the E-Government Act of NPRM to result in cost savings to 2002 (44 U.S.C. 3501 note) requires industry and the Federal Government. F. Unfunded Mandates Reform Act of Federal agencies to conduct a PIA for FMCSA expects the average costs to 1995 new or substantially changed manufacturers of windshield-mounted technology that collects, maintains, or equipment associated with avoiding the The Unfunded Mandates Reform Act disseminates information in an need for exemption applications would of 1995 (2 U.S.C. 1531–1538) requires identifiable form. No new or be reduced by $568 per year Federal agencies to assess the effects of substantially changed technology would (annualized, 7 percent discount rate). their discretionary regulatory actions. collect, maintain, or disseminate We calculate that 100 percent of small The Act addresses actions that may information as a result of this rule. equipment manufacturers impacted by result in the expenditure by a State, Accordingly, FMCSA has not conducted this NPRM would have a cost savings local, or Tribal government, in the a PIA. aggregate, or by the private sector of less than 1 percent of their annual The Agency will complete a Privacy $170 million (which is the value revenue. No small governmental Threshold Assessment (PTA) to evaluate equivalent of $100 million in 1995, jurisdictions would be impacted by this the risks and effects the NPRM might NPRM. adjusted for inflation to 2020 levels) or have on collecting, storing, and sharing Consequently, I certify that the more in any 1 year. Because this NPRM personally identifiable information. The proposed action would not have a would not result in such an DOT Privacy Office has determined that significant economic impact on a expenditure, a written statement is not this rulemaking does not create privacy substantial number of small entities. If required. However, FMCSA does risk. you think that your business, discuss the costs and benefits of this organization, or governmental NPRM in the preamble. J. E.O. 13175 (Indian Tribal jurisdiction qualifies as a small entity Governments) and that this NPRM would have a G. Paperwork Reduction Act significant economic impact on it, This rule does not have Tribal This NPRM contains no new please submit a comment to the docket implications under E.O. 13175, information collection requirements at the address listed in the ADDRESSES Consultation and Coordination with under the Paperwork Reduction Act of section of this preamble. In your Indian Tribal Governments, because it 1995 (44 U.S.C. 3501–3520). FMCSA comment, explain why you think it does not have a substantial direct effect qualifies and how and to what degree notes that the burden associated with on one or more Indian Tribes, on the this NPRM would economically affect it. preparing an exemption request is not relationship between the Federal included in a currently approved Government and Indian Tribes, or on E. Assistance for Small Entities information collection request (ICR), the distribution of power and In accordance with section 213(a) of and is pursuing completion of that ICR responsibilities between the Federal the Small Business Regulatory outside of this rulemaking. Government and Indian Tribes.
18 Public Law 104–121, 110 Stat. 857, (Mar. 29, 19 Public Law 104–121, 110 Stat. 857, (Mar. 29, 20 Public Law 108–447, 118 Stat. 2809, 3268, note 1996). 1996). following 5 U.S.C. 552a (Dec. 4, 2014).
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K. National Environmental Policy Act of PART 393—PARTS AND devices that contain cameras, lidar, 1969 ACCESSORIES NECESSARY FOR radar, sensors and/or video. FMCSA analyzed this NPRM for the SAFE OPERATION * * * * * purpose of the National Environmental ■ 3. Amend § 393.60 by revising Policy Act of 1969 (NEPA) (42 U.S.C. ■ 1. The authority citation for part 393 paragraph (e)(1)(ii) to read as follows: 4321 et seq.) and determined this action continues to read as follows: § 393.60 Glazing in specified openings. is categorically excluded from further Authority: 49 U.S.C. 31136, 31151, and analysis and documentation in an 31502; sec. 1041(b) of Pub. L. 102–240, 105 * * * * * environmental assessment or Stat. 1914, 1993 (1991); sec. 5301 and 5524 (e) Prohibition on obstructions to the environmental impact statement under of Pub. L. 114–94, 129 Stat. 1312, 1543, 1560; driver’s field of view—(1) Devices FMCSA Order 5610.1 (69 FR 9680), and 49 CFR 1.87. mounted on the interior of the Appendix 2, paragraph 6.bb. The ■ 2. Amend § 393.5 by revising the windshield. Categorical Exclusion (CE) in paragraph definition of Vehicle safety technology * * * * * 6.bb. addresses regulations concerning to read as follows: (ii) Paragraph (e)(1)(i) of this section vehicle operation safety standards (e.g., does not apply to vehicle safety regulations requiring: Certain motor § 393.5 Definitions. technologies, as defined in § 393.5, that carriers to use approved equipment * * * * * are mounted on the interior of a which is required to be installed such as Vehicle safety technology. Vehicle windshield. Devices with vehicle safety an ignition cut-off switch, or carried technologies must be mounted: onboard, such as a fire extinguisher, safety technology includes systems and A. Not more than 216 mm (8.5 inches) and/or stricter blood alcohol items of equipment to promote driver, concentration standards for drivers, occupant and roadway safety. Examples below the upper edge of the area swept etc.), equipment approval, and/or of vehicle safety technology systems and by the windshield wipers; equipment carriage requirements (e.g., devices include a fleet-related incident B. Not more than 175 mm (7 inches) fire extinguishers and flares). management system, performance or above the lower edge of the area swept The proposed requirements in this behavior management system, speed by the windshield wipers; and rule are covered by this CE and the management system, lane departure C. Outside the driver’s sight lines to NPRM does not have any effect on the warning system, forward collision the road and highway signs and signals. quality of the environment. warning or mitigation system, active * * * * * cruise control system, transponder, List of Subjects in 49 CFR Part 393 braking warning system, braking assist Issued under the authority of delegation in 49 CFR 1.87 Highway safety, Motor carriers, Motor system, automatic emergency braking, vehicle safety. driver camera system, attention assist Meera Joshi, Accordingly, FMCSA proposes to warning, Global Positioning Systems Deputy Administrator. amend 49 CFR chapter III, part 393 as and traffic sign recognition. Vehicle [FR Doc. 2021–14040 Filed 7–2–21; 8:45 am] follows: safety technology includes systems and BILLING CODE 4910–EX–P
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Notices Federal Register Vol. 86, No. 126
Tuesday, July 6, 2021
This section of the FEDERAL REGISTER information/animal-health-status-of- Done in Washington, DC, this 16th day of contains documents other than rules or regions/. This list is referenced in June 2021. proposed rules that are applicable to the § 94.8(a)(2) of the regulations. Jack Shere, public. Notices of hearings and investigations, Section 94.8(a)(3) of the regulations Acting Administrator, Animal and Plant committee meetings, agency decisions and Health Inspection Service. rulings, delegations of authority, filing of states that APHIS will add a region to petitions and applications and agency the list referenced in § 94.8(a)(2) upon [FR Doc. 2021–14255 Filed 7–2–21; 8:45 am] statements of organization and functions are determining ASF exists in the region, BILLING CODE 3410–34–P examples of documents appearing in this based on reports APHIS receives of section. outbreaks of the disease from veterinary DEPARTMENT OF AGRICULTURE officials of the exporting country, from DEPARTMENT OF AGRICULTURE the World Organization for Animal U.S. Codex Office Health (OIE), or from other sources the Animal and Plant Health Inspection Administrator determines to be reliable, Codex Alimentarius Commission: Service or upon determining that there is reason Meeting of the Codex Committee on Food Labelling [Docket No. APHIS–2021–0023] to believe the disease exists in the region. Section 94.8(a)(1) of the AGENCY: U.S. Codex Office, USDA. Addition of Malaysia to the List of regulations specifies the criteria on ACTION: Notice of public meeting and Regions Affected With African Swine which the Administrator bases the request for comments. Fever reason to believe ASF exists in a region. Section 94.8(b) prohibits importation of SUMMARY: The U.S Codex Office is AGENCY: Animal and Plant Health sponsoring a public meeting on Inspection Service, Agriculture (USDA). pork and pork products from regions listed in accordance with § 94.8, except September 1, 2021. The objective of the ACTION: Notice. if processed and treated in accordance public meeting is to provide information SUMMARY: We are advising the public with the provisions specified in that and receive public comments on agenda that we have added Malaysia to the list section or consigned to an APHIS- items and draft United States (U.S.) of regions that the Animal and Plant approved establishment for further positions to be discussed at the 46th Session of the Codex Committee on Health Inspection Service considers to processing. Section 96.2 restricts the Food Labelling (CCFL) of the Codex be affected with African swine fever importation of swine casings that Alimentarius Commission, to be held (ASF). We have taken this action originated in or were processed in a virtually, September 27–October 1, 2021 because of confirmation of ASF in region where ASF exists, as listed under Malaysia. with the report adoption on October 7, § 94.8(a). 2021. The U.S. Manager for Codex DATES: Malaysia was added to the On February 19, 2021, the veterinary Alimentarius and the Acting Deputy APHIS list of regions considered authorities of Malaysia reported to the Under Secretary for Trade and Foreign affected with ASF on March 2, 2021. OIE the occurrence of ASF in that Agricultural Affairs recognize the FOR FURTHER INFORMATION CONTACT: Dr. country. Therefore, in response to this importance of providing interested John Grabau, Regionalization Evaluation outbreak, on March 2, 2021, APHIS parties the opportunity to obtain Services, Veterinary Services, APHIS, added Malaysia to the list of regions background information on the 46th 920 Main Campus Drive, Venture II, where ASF exists or is reasonably Session of the CCFL and to address Raleigh, NC 27606; Phone: (919) 855– believed to exist. This notice serves as items on the agenda. 7738; email: AskRegionalization@ an official record and public notification DATES: The public meeting is scheduled usda.gov. of that action. for September 1, 2021, from 2:00–4:00 SUPPLEMENTARY INFORMATION: The p.m. EDT. As a result, pork and pork products regulations in 9 CFR part 94 (referred to from Malaysia, including casings, are ADDRESSES: The public meeting will below as the regulations) govern the subject to APHIS import restrictions take place via Video Teleconference importation of specified animals and only. Documents related to the 46th designed to mitigate the risk of ASF animal products to prevent introduction Session of the CCFL will be accessible introduction into the United States. into the United States of various animal via the internet at the following address: diseases, including African swine fever Congressional Review Act http://www.fao.org/fao-who- (ASF). ASF is a highly contagious codexalimentarius/meetings/detail/en/ animal disease of wild and domestic Pursuant to the Congressional Review ?meeting=CCFL&session=46. swine. It can spread rapidly in swine Act (5 U.S.C. 801 et seq.), the Office of Dr. Douglas Balentine, U.S. Delegate populations with extremely high rates of Information and Regulatory Affairs to the 46th Session of the CCFL, invites morbidity and mortality. A list of designated this action as not a major U.S. interested parties to submit their regions where ASF exists or is rule, as defined by 5 U.S.C. 804(2). comments electronically to the reasonably believed to exist is Authority: 7 U.S.C. 1633, 7701–7772, following email address: maintained on the Animal and Plant 7781–7786, and 8301–8317; 21 U.S.C. 136 [email protected]. Health Inspection Service (APHIS) Registration: Attendees must register and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, website at https://www.aphis.usda.gov/ and 371.4. to attend the public meeting by emailing aphis/ourfocus/animalhealth/animal- [email protected] by August 30, 2021. and-animal-product-import- Early registration is encouraged.
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For Further Information about the • Proposed draft Guidance on or your authorized representative. Send 46th Session of the CCFL, contact U.S. Precautionary Allergen Labelling your completed complaint form or letter Delegate, Dr. Douglas Balentine, • Innovation—use of technology in food to USDA by mail, fax, or email. [email protected]. labelling (discussion paper) Mail: U.S. Department of Agriculture, For Further Information about the • Labelling of alcoholic beverages Director, Office of Adjudication, 1400 public meeting Contact: U.S. Codex (discussion paper) Independence Avenue SW, Washington, Office, 1400 Independence Avenue SW, • Labelling of foods in joint DC 20250–9410. Room 4861, South Agriculture Building, presentation and multipack formats Fax: (202) 690–7442, Email: Washington, DC 20250. Phone (202) (discussion paper) [email protected]. 720–7760, Fax: (202) 720–3157, Email: • Future work and direction of CCFL Persons with disabilities who require [email protected]. (discussion paper) (request for alternative means for communication SUPPLEMENTARY INFORMATION: information through CL2020/08–FL) (braille, large print, audiotape, etc.) • Approach and criteria for evaluation should contact USDA’s TARGET Center Background and prioritization of work of CCFL at (202) 720–2600 (voice and TDD). Codex was established in 1963 by two (request for comments through Done at Washington, DC, on June 30, 2021. United Nations organizations, the Food CL2020/09/OCS–FL) Mary Lowe, and Agriculture Organization and the Public Meeting U.S. Manager for Codex Alimentarius. World Health Organization. Through [FR Doc. 2021–14347 Filed 7–2–21; 8:45 am] adoption of food standards, codes of At the September 1, 2021, public practice, and other guidelines meeting, draft U.S. positions on the BILLING CODE P developed by its committees, and by agenda items will be described and promoting their adoption and discussed, and attendees will have the DEPARTMENT OF AGRICULTURE implementation by governments, Codex opportunity to pose questions and offer seeks to protect the health of consumers comments. Written comments may be Food and Nutrition Service and ensure fair practices in the food offered at the meeting or sent to Dr. trade. Douglas Balentine, U.S. Delegate for the Agency Information Collection The Terms of Reference of the Codex 46th Session of the CCFL (see Activities: Supplemental Nutrition Committee on Food Labelling (CCFL) ADDRESSES). Written comments should Assistance Program Emergency are: state that they relate to activities of the Allotments (COVID–19) (a) To draft provisions on labeling 46th Session of the CCFL. applicable to all foods; AGENCY: Food and Nutrition Service (b) to consider, amend if necessary, Additional Public Notification (FNS), USDA. and endorse draft specific provisions on Public awareness of all segments of ACTION: Notice. labeling prepared by the Codex rulemaking and policy development is SUMMARY: In accordance with the Committees drafting standards, codes of important. Consequently, the U.S. Paperwork Reduction Act of 1995, this practice and guidelines; Codex Office will announce this Federal (c) to study specific labeling problems notice invites the general public and Register publication on-line through the other public agencies to comment on assigned to it by the Commission; and, USDA web page located at: http:// (d) to study problems associated with this proposed information collection. www.usda.gov/codex, a link that also This collection is an extension, the advertisement of food with offers an email subscription service particular reference to claims and without change, of a currently approved providing access to information related collection for activities associated with misleading descriptions. to Codex. Customers can add or delete The CCFL is hosted by Canada. The administering emergency allotments their subscription themselves and have (EA) waivers. The Families First United States attends the CCFL as a the option to password protect their member country of Codex. Coronavirus Response Act of 2020, accounts. enacted March 18, 2020, includes a Issues To Be Discussed at the Public USDA Non-Discrimination Statement general provision that allows the Meeting Department of Agriculture to issue No agency, officer, or employee of the The following items on the Agenda emergency allotments (EA) waivers USDA shall, on the grounds of race, for the 46th Session of the CCFL will be based on a public health emergency color, national origin, religion, sex, discussed during the public meeting: declaration by the Secretary of Health • Adoption of the Agenda gender identity, sexual orientation, and Human Services under section 319 • Matters referred to the Committee by disability, age, marital status, family/ of the Public Health Service Act related the CAC and other Codex Subsidiary parental status, income derived from a to an outbreak of COVID–19 when a Bodies public assistance program, or political State has also issued an emergency or • Matters of interest from FAO and beliefs, exclude from participation in, disaster declaration. deny the benefits of, or subject to WHO DATES: Written comments must be • discrimination any person in the United Consideration of labeling provisions received on or before September 7, States under any program or activity in draft Codex standards 2021. (endorsement) conducted by the USDA. • Draft Guidance for the Labelling of ADDRESSES: Comments may be sent to: How To File a Complaint of Kelly Stewart, Food and Nutrition Non-Retail Containers Discrimination • Proposed draft Guidelines on Front- Service, U.S. Department of Agriculture, of-Pack Nutrition Labelling To file a complaint of discrimination, 1320 Braddock Place, 5th Floor, • Proposed draft Guidelines on internet complete the USDA Program Alexandria, VA 22314; telephone 703– sales/e-commerce Discrimination Complaint Form, which 305–2425. Comments may also be • Proposed draft revision to the General may be accessed online at https:// submitted via email to Kelly.stewart@ Standard for the Labelling of www.ocio.usda.gov/sites/default/files/ usda.gov. Comments will also be Prepackaged Foods—Provisions docs/2012/Complain_combined_6_8_ accepted through the Federal relevant to allergen labeling 12.pdf, or write a letter signed by you eRulemaking Portal.
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Go to http://www.regulations.gov, and the current economic crisis resulting Services under section 319 of the Public follow the online instructions for from the pandemic. FNS reviewed Health Service Act remains in place, submitting comments electronically. existing EA policy and issued updated and All responses to this notice will be State guidance 1 on April 1, 2021, • The State-issued emergency or summarized and included in the request outlining a new approach to calculating disaster declaration has expired or will for Office of Management and Budget EA that provides greater equity for expire in the current month. This will approval. All comments will be a matter households most in need. The April allow a State that has lost or will lose of public record. 2021 guidance supersedes previous its declaration in the current month to FOR FURTHER INFORMATION CONTACT: guidance issued in March 2020 and provide one additional issuance month Requests for additional information or April 2020. In addition to outlining a of EA and to notify SNAP participants copies of this information collection new EA minimum benefit policy, the that EA benefits will be ending. should be directed to Kelly Stewart at April 2021 guidance describes an EA Once the State’s EA waiver has been [email protected]; telephone 703– phase-out request States may use when approved by FNS, the State may provide 305–2425. their State-level emergency declaration the EA without contacting the expiration date is imminent. The State household. Following waiver approval, SUPPLEMENTARY INFORMATION: Comments FNS will require State Agencies to attest are invited on: (a) Whether the proposed agency process for requesting EA, as outlined in the April 2021 guidance, to FNS on a monthly basis the EA collection of information is necessary waiver is still needed and that the State for the proper performance of the remains generally unchanged, though the State must now confirm that the declaration remains in place. Both the functions of the agency, including initial EA waiver and the monthly whether the information shall have State’s emergency or disaster declaration remains active when attestation are conducted via email. FNS practical utility; (b) the accuracy of the expects 53 State agencies will submit agency’s estimate of the burden of the requesting EA. USDA anticipates the need to collect the data beyond the one initial EA waiver to FNS. Currently proposed collection of information, 51 State agencies are operating under an including the validity of the expiration date and is seeking approval of this Information Collection Request EA waiver. It is possible that States may methodology and assumptions that were have more than one declared public used; (c) ways to enhance the quality, in order to meet the continuing information collection and reporting health emergency over the next year as utility, and clarity of the information to COVID–19 rates ebb and flow, therefore be collected; and (d) ways to minimize requirements detailed in the Families First Coronavirus Response Act of 2020. we are including hours for these initial the burden of the collection of waiver requests in this IC as a information on those who are to As authorized by Families First Coronavirus Response Act of 2020, State precautionary measure. There are three respond, including use of appropriate reporting requirements for this automated, electronic, mechanical, or agencies impacted by COVID–19 may submit an EA waiver request to their information collection request. (1) Each other technological collection initial EA waiver submission should techniques or other forms of information FNS Regional Office for approval to provide a EA to households to bring all take approximately one hour to technology. complete. (2) Each monthly email Title: Agency Information Collection households up to the maximum benefit due to pandemic related economic attesting to the continued need for the Activities: Supplemental Nutrition EA waiver is expected to take 15 Assistance Program Emergency conditions. As outlined in the April 2021 guidance, State agency waivers minutes to complete. FNS expects that Allotments (COVID–19). any phase-out request, as outlined in the OMB Number: 0584–0652. will generally be approved under one or more the following conditions as it April 2021 guidance, would be included Expiration Date: 1/31/2022. in the email as part of the monthly Type of Request: Extension, without relates to COVID–19: • attestation process; the indication of change, of a currently approved Residents of the State are confirmed phase-out would simply signal the end collection. to have contracted COVID–19 of that State’s need for EA and, thus, • Some or all areas of the State are Abstract: The Families First monthly attestations. The phase out containment or quarantine zones Coronavirus Response Act of 2020 (Pub. request is expected to take 1 minute of • Businesses have closed or L. 116–127), enacted March 18, 2020, the 15 minutes estimated for monthly significantly reduced their hours includes a general provision that allows • attestation; therefore, no additional the Department of Agriculture to issue The State’s residents have experienced economic impacts due to burden is estimated for phase-out emergency allotments (EA) based on a requests. public health emergency declaration by job suspensions or losses • The State’s residents have been Section 18(b) of the Food and the Secretary of Health and Human directed to practice social distancing, Nutrition Act of 2008, as amended, Services under section 319 of the Public requires that, ‘‘In any fiscal year, the Health Service Act related to an The State agency must also confirm Secretary shall limit the value of those outbreak of COVID–19 when a State has that the State’s emergency or disaster allotments issued to an amount not in also issued an emergency or disaster declaration remains active. excess of the appropriation for such In addition, to allow for State EA declaration. In January 2021, the fiscal year.’’ Because the EA waiver phase-out upon expiration of the State’s Department obtained Office of increases the monthly benefit of emergency declaration, States may Management and Budget (OMB) participants above the amount originally request EA approval for one additional approval to collect the information as anticipated for this fiscal year, the issuance month if: amount of benefits issued and redeemed described in this Notice for a period of • The national public health must be carefully tracked to ensure FNS one year (OMB Control Number 0584– emergency declaration that was does not exceed its appropriation. As 0652; expiration 1/31/2022). The extended on January 21, 2021, by the such, it is necessary for FNS to collect President’s Executive Order on Secretary for Health and Human Economic Relief Related to the COVID– information from State agencies 19 Pandemic, issued January 22, 2021, 1 https://fns-prod.azureedge.net/sites/default/ operating EA on a more frequent basis directed all Federal agencies to consider files/resource-files/snap-covid-emergency- than would be reported normally. administrative actions to better address allotments-phase-3-guidance.pdf. Generally, States report disaster-related
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SNAP participation and issuance data to The burden for a State agency to submit burden used for EA in this request and FNS on the FNS–292B, Report of FNS–292B reports during normal including the burden for submitting this Disaster Supplemental Nutrition operations is currently captured under form more frequently under this Assistance Benefit Issuance, within 45 the information collection for the Food information collection. days of terminating disaster assistance. Programs Reporting System (FPRS), • FNS–292B—Takes States While a State is operating under an OMB Control Number 0584–0594 approximately 24 minutes or 0.4008 EA waiver, (3) FNS requires the State to (expiration date 7/31/2023). However, hours per response × 53 State submit bi-weekly FNS–292B reports. FNS is accounting for the additional Agencies × 26 weeks = 552.30 hours.
Respondent Number of Frequency of Total annual Hours per Annual burden category Instruments Form respondents response responses response (hours)
State Agencies ...... Bi-weekly EA Reporting to FNS–292B .. 53 26 1,378 0.4008 552.20 FNS. Initial Waiver Request—Emer- N/A ...... 53 1 53 1 53 gency Allotment. Monthly EA Attestation (in- N/A ...... 53 12 636 0.25 159 cluding Phase-Out Re- quests).
Total ...... 53 39 2,067 0.3697641 764.30
Affected Public: State, Local and data storage services in support of Officer, U.S. Department of Agriculture, Tribal Governments. disaster recovery activities. 1400 Independence Avenue SW, Estimated Number of Respondents: Additionally, DISC-Kansas City Washington, DC 20250 or by email at 53. provides off-site tape storage in Lenexa, [email protected] or by Estimated Number of Responses per KS, through a third-party vendor, telephone at (202) 604–0467. Respondent: 39. Recall. All three locations are addressed SUPPLEMENTARY INFORMATION: The Estimated Total Annual Responses: within the DISC authorization Privacy Act of 1974, as amended (5 2,067. boundaries. U.S.C. 552a), requires agencies to Estimated Time per Response: publish in the Federal Register notice of 0.3697641 hours. DATES: In accordance with 5 U.S.C. Estimated Total Annual Burden on 552a(e)(4) and (11), this notice is new systems of records maintained by Respondents: 764. effective upon publication, subject to a the Agency. A system of records is a 30-day notice and comment period to group of any records under the control Cynthia Long, comment on the routine uses described of any agency from which information Acting Administrator, Food and Nutrition below. Please submit any comments by is retrieved by the name of an Service. August 5, 2021. individual or by some identifying [FR Doc. 2021–14303 Filed 7–2–21; 8:45 am] ADDRESSES: You may submit comments, number, symbol, or other identifying BILLING CODE 3410–30–P identified by docket number FS–2021– particular assigned to an individual. 0004 by one of the following methods: The Forest Service proposes to create • a system of records entitled USDA/FS– DEPARTMENT OF AGRICULTURE Federal e-Rulemaking Portal: http:// www.regulations.gov—follow the 63 Application Cloud Environment (FS ACE) that will be used to maintain Forest Service instructions for submitting comments. • Cynthia Towers, NRE Forest Service records of activities conducted by the Privacy Act of 1974; System of Privacy Officer, Office of the Chief Agency pursuant to its mission and Records Information Officer, U.S. Department of responsibilities. Agriculture, 1400 Independence Avenue TITLE OF BUSINESS ADDRESS OF THE AGENCY AGENCY: U.S. Department of Agriculture; SW, Washington, DC 20250. OFFICIAL RESPONSIBLE FOR THE SYSTEM OF Forest Service. • email to [email protected]. RECORD: ACTION: Notice of a new system of Instructions: All submissions received Chief Information Officer, U.S. records. must include the Agency name and Department of Agriculture, 1400 SUMMARY: In accordance with the docket number for this rulemaking. All Independence Avenue SW, Washington, Privacy Act of 1974, the U.S. comments received will be posted DC 20250. without change to http:// Department of Agriculture (USDA or SYSTEM NAME AND NUMBER: Department) proposes to create a new www.regulations.gov, including any system of records titled ‘‘Department of personal information provided. USDA/FS–63 Application Cloud Agriculture Forest Service Application Docket: For access to the docket to Environment (FS ACE). Forest Service Cloud Environment (FS ACE).’’ ACE is read the background document or Application Cloud Environment (FS a general support system owned by the comments received go to http:// ACE) CSAM ID 1991, External ID: UII Forest Service Chief Information Officer www.regulations.gov. Code: 005–000000243; 005–000003304; 005–000003305; 005–000000257. (CIO) and operated by the Data Center FOR FURTHER INFORMATION CONTACT: For Services Branch of the Forest Service general questions about this notice, SECURITY CLASSIFICATION: CIO Operations Division. The system is please contact Cynthia Towers, NRE Controlled Unclassified Information located and managed in two Forest Service Privacy Officer, at 816– (CUI). geographically separated USDA Digital 286–5272 or by email at Infrastructure Services Centers (DISC), [email protected]. SYSTEM LOCATION: Class 4 data centers: One in Kansas City, For privacy issue questions, please The system is located and managed in MO; and the other in St. Louis, MO. contact: Sullie Coleman, Chief Privacy two geographically-separated U.S. Each provide alternate processing and Officer, Office of the Chief Information Department of Agriculture (USDA)
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Digital Infrastructure Services Centers • FS ACE collects PII from several statute, rule, regulation, or order issued (DISC), Class 4 data centers, one at 8930 applications that include short term pursuant thereto of any record within Ward Parkway, Kansas City, MO 64114 (seasonal) contractors and researchers in this system when information available and the second at 4300 Goodfellow support of the Forest Inventory & indicates a violation or potential Blvd., St. Louis, MO 63120. Each Analysis program. violation of law, whether civil, criminal, provide alternate processing and data or regulatory in nature; CATEGORIES OF INDIVIDUALS COVERED BY THE storage services in support of disaster B. To the Department of Justice (DOJ), SYSTEM: recovery activities. Additionally, Kansas when: (a) USDA or any component All individuals granted access to the City provides off-site tape storage thereof; or (b) any employee of USDA in FS ACE are covered: All individuals, through Recall, located at 16150 W his or her official capacity where the even if they are not users of the FS ACE 110th St., Lenexa, KS. All three DOJ has agreed to represent the who are mentioned or referenced in any locations are addressed within the DISC employee; or (c) the United States documents entered into FS ACE by a authorization boundaries. Government, is a party to litigation or user are also covered. This group may has an interest in such litigation, and SYSTEM MANAGER: include, but is not limited to, vendors, USDA determines that the records are ACE System Owner, Management agents, and other business personnel. both relevant and necessary to the Office 903 E 104th Street, Ste. 210, CATEGORIES OF RECORDS IN THE SYSTEM: litigation and the use of such records by Kansas City, MO 64131. Additional The system of records includes the the DOJ is therefore deemed by USDA location: Production DC—DISC Kansas following required information about an to be for a purpose that is compatible City, MO. individual: The individual’s first and with the purpose for which USDA collected the records; last name, social security number, tax AUTHORITY FOR MAINTENANCE OF THE SYSTEM: C. To a court or adjudicative body in identification number, passport number, For FS ACE, authorities for general a proceeding when: (a) USDA or any collection of information come from by driver’s license number, or unique component thereof; or (b) any employee 31 U.S.C. 3512, Executive Agency identification number. of USDA in his or her official capacity; Accounting Systems Act of September RECORDS SOURCE CATEGORIES: or (c) any employee of the Agency in his 12,1950, and 16 U.S. Code § 551— Information contained in FS ACE may or her individual capacity where USDA Protection of national forests; rules and be collected from an individual via fax, has agreed to represent the employee, or regulations. For Federal requirements email, form, telephone, or website, the United States Government, is a party for the collection of information, also depending on the application used. to litigation or has an interest in such see: 5 U.S.C. Chapter 552 (Freedom of litigation, and USDA determines that Information Act), 44 U.S.C. Chapters 21, ROUTINE USES OF RECORDS MAINTAINED IN THE the records are both relevant and 29, 31, and 33 (Records Management), SYSTEM, INCLUDING CATEGORIES OF USERS AND necessary to the litigation and that use and 18 U.S.C. 2071 (Concealment, PURPOSES OF SUCH USES: of such records is therefore deemed by removal, or mutilation of government In addition to those disclosures USDA to be for a purpose that is records). generally permitted under 5 U.S.C. compatible with the purpose for which 552a(b) of the Privacy Act, records USDA collected the records; PURPOSE(S) OF THE SYSTEM: contained in a system may be disclosed D. To appropriate agencies, entities, The purpose of this system of records outside USDA as a routine use under 5 and persons when: (1) USDA suspects is to manage a set of projects that is part U.S.C. 552a(b)(3) to the extent that such or has confirmed that the security or of the Digital Infrastructure Services uses are compatible with the purposes confidentiality of information in the Center cloud migration. The goal of the for which the information was collected. system of records has been FS ACE is to enable the Agency to Such permitted routine uses include the compromised; (2) USDA has determined concentrate on building integrated following disclosures: that as a result of the suspected or business solutions rather than managing A. To the appropriate agency, whether confirmed breach there is a risk of harm separate technology issues. This system Federal, State, local, Tribal, foreign, or to individuals, USDA (including its provides general hosting services to other public authority responsible for information systems, programs, and applications within the Forest Service. enforcing, investigating, or prosecuting operations), the Federal Government, or Hosting services include Virtual Data such violation or charged with enforcing national security; and (3) the disclosure Center (VDC) environment, storage, or implementing the statute, or rule, made to such agencies, entities, and backup and recovery, monitoring, etc. regulation, or order issued pursuant persons is reasonably necessary to assist The FS ACE hosts the applications that thereto, when a record on its face, or in in connection with USDA’s efforts to collects an individual’s personal conjunction with other records, respond to the suspected or confirmed information (PII) as a part of doing indicates a violation or potential compromise and prevent, minimize, or business with the Forest Service. FS violation of law, whether civil, criminal, remedy such harm; or to another ACE houses sensitive data from various or regulatory in nature, and whether Federal agency or Federal entity, when FS programs and allows FS authorized arising by general statute or particular information from this system of records users the ability to access and update program, statute, or by regulation, rule, is reasonably necessary to assist the this information. For example: or order issued pursuant thereto, recipient agency or entity in (1) • Integrates the information for disclosure may be made if the responding to a suspected or confirmed reporting, analysis, and management of information disclosed is relevant to any breach or (2) preventing, minimizing, or various Human Resource Management enforcement, regulatory, investigative, remedying the risk of harm to processes and functions, which includes or prospective responsibility of the individuals, the agency (including its both PII, and budget and finance data; receiving entity and. Referral to the information systems, programs, and • Contains applications to collect, appropriate agency occurs, whether operations), the Federal Government, or store, edit, compile and report on field Federal, State, local, Tribal, or foreign, national security; collected resource data for our nation’s charged with the responsibility of E. To contractors and their agents, forests and grasslands per the Farm Bill investigating or prosecuting violation of grantees, experts, consultants, and requirement; and law, or of enforcing or implementing a others performing or working on a
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contract, service, grant, cooperative financial rights of the Government and ADMINISTRATIVE, TECHNICAL, AND PHYSICAL agreement, or other assignment for the of persons directly affected by the SAFEGUARDS: USDA, when necessary, to accomplish Department’s activities (44 U.S.C. 3101). When applicable, paper records are an agency function related to this U.S.C. Title 7, Chapters 55 2204 state kept in a locked or secured office or system of records. Individuals providing that the Secretary of Agriculture may office building, and/or retained in a information under this routine use are conduct any survey or other information Forest Service secured computer system subject to the same Privacy Act collection and employ any sampling or and can only be accessed by authorized requirements and limitations on other statistical method that the Forest Service employees. Department/ disclosure as are applicable to USDA Secretary determines is appropriate. Forest Service safeguards electronic officers and employees; The Department is also authorized to records in this system according to F. To a congressional office in obtain certain information under Sec. applicable rules and policies, including response to an inquiry from that 515 of the Treasury and General all applicable automated systems’ congressional office made at the written Government Appropriations Act for security and access policies. The Forest request of the individual about whom Fiscal Year 2001 (44 U.S.C. 3516, Pub. Service has imposed strict controls to the record pertains. L. 106–554) as well as Title 5 Part I minimize the risk of compromising G. To the National Archives and Chapter 3–301, and 5 U.S.C. 552 § 552a. stored information. System access, Records Administration (NARA) or See also: 5 U.S.C. Chapter 552; 44 including access to records stored in an other Federal government agencies U.S.C. Chapters 21, 29, 31, and 33 Agency-approved repository (such as pursuant to records management (Records Management); 18 U.S.C. 2071; Pinyon or its successor) is limited to inspections being conducted under the 44 U.S.C. 3101 et seq.; 44 U.S.C. 3506; individuals with appropriate clearances authority of 44 U.S.C. 2904 and 2906. Title 7 CFR 2.37; 36 CFR Chapter 12, or permissions who need to know the H. To an agency, organization, or Subpart B; 36 CFR part 1234, information for performance of official individual for the purpose of performing eGovernment Act of 2002 (Pub. L. 107– duties. audit or oversight operations as 347, 44 U.S.C. Ch. 36); OMB Circular A– authorized by law, but only such 130; NARA General Records Schedules RECORD ACCESS PROCEDURES: information as is necessary and relevant and Forest Service Mission-specific An individual who is the subject of a to such audit or oversight function. records retention schedules approved by record in this system may seek access to I. To appropriate Federal, state, local, NARA for NARA Records Group 95. those records that are not exempt from tribal, or foreign governmental agencies the access provisions set forth at 5 or multilateral governmental POLICIES AND PRACTICES FOR RETRIEVABILITY U.S.C. 552a(k)(2). A determination OF RECORDS: organizations, with the approval of the whether a record may be accessed will Chief Privacy Officer, when USDA is Records are maintained in accordance be made at the time a request is aware of a need to use relevant data for with Forest Service records management received. All inquiries should be purposes of testing new technology. policy and NARA’s General Records addressed in accordance with the J. To the news media and the public, Schedule, and/or NARA-approved ‘‘Notification procedures’’ below. records schedules for NARA Records with the approval of the Chief Privacy CONTESTING RECORDS PROCEDURES: Officer in consultation with counsel, Group 95. Depending on the application when there exists a legitimate public being used, records may be retrieved by Any individual may contest interest in the disclosure of the Name or Unique identifier such as: information contained within a record information, or when disclosure is Social security number, tax in the system that pertains to him/her necessary to preserve confidence in the identification number, passport number, by submitting a written request to the integrity of USDA, or when disclosure is driver’s license number, agency system manager at the address indicated necessary to demonstrate the assigned number, case number, account in the ‘‘Notification procedures’’ accountability of USDA’s officers, number or permit number, as section. Include the reason for employees, or individuals covered by appropriate. contesting the record and the proposed amendment to the information with the system, except to the extent the POLICIES AND PRACTICES FOR RETENTION AND Chief Privacy Officer determines that supporting documentation to show how DISPOSAL OF RECORDS: the record is inaccurate. release of the specific information in the Records covered by this Privacy Act context of a particular case would System of Records Notices (SORN) are NOTIFICATION PROCEDURES: constitute a clearly unwarranted managed according to records retention Individuals seeking access to records invasion of personal privacy. schedules approved by the NARA. contained in this system of records, or DISCLOSURE TO CONSUMER REPORTING Records schedules used to retain and seeking to contest content, may submit AGENCIES: manage records are found in Chapter 40 a request in writing to the Forest Service None. of Forest Service Handbook 6209.11— FOIA/Privacy Act Officer (contact Records Management Handbook. This information at https:// POLICIES AND PRACTICES FOR STORAGE OF Handbook is available on the Forest www.dm.usda.gov/foia/poc.htm). If an RECORDS: Service website at https:// individual believes more than one All records are stored electronically or www.fs.fed.us/about-agency/ Department component maintains on paper in secure facilities in a locked regulations-policies. All unscheduled Privacy Act records concerning him or drawer behind a locked door. The records meaning records without a her, the individual may submit the records may be stored on digital media. National Archives-approved records request to the Departmental FOIA Each USDA mission area, agency, and retention schedule are retained until a Officer, 1400 Independence Avenue staff office creates and maintains proper records retention schedule is approved SW, South Building Room 4104, and adequate documentation of the by the National Archives. Once a Washington, DC 20250–0706; email: organization, functions, policies, schedule is approved, all existing [email protected]. decisions, procedures, and essential records will be processed according to The request should include a daytime transactions of the Department. This the requirements set forth in that phone number and email. Provide as documentation protects the legal and schedule. much information as possible about the
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subject matter of the records you are system notice, and must contain the • Email: Curtis Davis, curtis.davis@ requesting. This will help facilitate the individual’s name, telephone number, usda.gov. search process. address, and email address (see specific • Mail: Director, Law Enforcement If you are making a request for records instructions above). and Investigations (Mail Stop 1140), about yourself, you may receive greater USDA Forest Service, P.O. Box 96090, access by providing either a notarized EXEMPTIONS CLAIMED FOR THE SYSTEM: Washington, DC 20250. statement or a statement signed under None. Instructions: All submissions must penalty of perjury stating that you are HISTORY: include the Agency name and docket the person who you say you are. The Forest Service proposes to create number for this rulemaking. All Provide your full name, date, and comments received will be posted either: (1) Have your signature a new system of records entitled ‘‘USDA/Forest Service-63 Application without change to https:// witnessed by a notary; or (2) include the www.regulations.gov, including any following statement immediately above Cloud Environment (FS ACE) System of Records’’ that will be used to maintain personal information provided. the signature on your request letter: ‘‘I Docket: For access to the docket, to records of activities conducted by the declare under penalty of perjury that the read background document, or Agency pursuant to its mission and foregoing is true and correct. Executed comments received, go to https:// responsibilities. on [date].’’ Requests that do not contain www.regulations.gov. the required declaration will be Dated: June 29, 2021. FOR FURTHER INFORMATION CONTACT: For processed under the Freedom of Victoria Christiansen, general questions please contact: U.S. Information Act (FOIA), and, if records Chief, USDA Forest Service. Department of Agriculture, Forest are found, you may not receive as much [FR Doc. 2021–14278 Filed 7–2–21; 8:45 am] Service, Law Enforcement and information, including information BILLING CODE 3411–15–P about you. If additional information is Investigations Staff, Curtis Davis, (703) required to fulfill a Privacy Act request, 605–4730, or Fax (703) 605–5114, or email [email protected], 1400 you will be notified. DEPARTMENT OF AGRICULTURE If you want records about yourself to Independence Avenue SW, (Mail Stop be released to a third party (such as a Forest Service 1140), Washington, DC 20250. For law firm or other organization privacy questions, please contact: Sullie requesting records on your behalf), the Privacy Act of 1974; System of Coleman, Chief Privacy Officer, Office third party may receive greater access if Records of the Chief Information Officer, they have permission from you. Department of Agriculture, Washington, AGENCY: Forest Service, U.S. You will need a signed and dated DC 20250 or at [email protected] Department of Agriculture. statement that the Forest Service may or by phone at (202) 604–0467. release records pertaining to you. ACTION: Notice of a modified system of SUPPLEMENTARY INFORMATION: The Include your name; date of birth; name records. purpose of changes to this system of records are: of the person or organization to whom SUMMARY: In accordance with the 1. To provide the procedures that you want your records disclosed (where Privacy Act of 1974, and Office of allow individuals to gain access to their applicable); their contact information; Management and Budget (OMB) information maintained in its System of and list of records that may be released Circular No. A–108, the U.S. Records Notice (SORN) as outlined in (all, emails, medical records, etc.). The Department of Agriculture (USDA or section 6 (Notice) and section 7 (Access, person about whom the records will be Department) proposes to modify the Redress, and Correction) of the LEIRS, released should include a statement current system of records entitled formally known as LEIMARS, Privacy indicating that they understand that ‘‘Department of Agriculture, Forest Impact Assessment (PIA). knowingly or willingly seeking or Service, FS–33—Law Enforcement and 2. To reflect changes in practice and obtaining access to records about Investigative Records’’ (LEIRS). This policy that affect the personally another person under false pretenses system allows Law Enforcement and identifiable information (PII) and or without their consent is Investigations to record claims and maintained in its system of records. The punishable by a fine of up to $5,000. criminal activities in the National LEIRS, formally known as LEIMARS, Requests must be for access to Forests which include verified database system is not accessible to the existing records. The Forest Service violations of criminal statutes and/or public. The information is shared on a FOIA Office will not create records for Agency policy, as well as situations that need-to-know basis with Law the purpose of responding to a FOIA or may result in civil claims for or against Enforcement partners and the Federal, Privacy Act request. the government. This information helps • FOIA excludes Federal agencies State, and local court systems. the Agency meet its objective of from its definition of persons permitted Information such as statistical crime contributing to Officers, Forest Service to make FOIA requests [see 5 U.S.C. analysis, including but not limited to employees, and National Forest visitor 552(a)(3)(A) and 5 U.S.C. 551(2)]. To the number of incidents and cases but safety. avoid confusion as to whether Federal excluding PII, is shared within Congress employees are requesting information in DATES: This notice is applicable upon and other agencies on a need-to-know their personal or official capacities, publication, subject to a 30-day period basis. requests from Federal employees should in which to comment on the routine The intended effect of these changes be submitted using personal resources. uses described below. Comments must is to show individuals their PII Any individual may request general be submitted by August 5, 2021. information is secured in LEIRS, information regarding this system of ADDRESSES: You may submit comments, formally known as LEIMARS. records or information as to whether the identified by docket number FS–2021– The Forest Service proposes to modify system contains records pertaining to 0002 by one of the following methods: a system of records, entitled ‘‘USDA/ him/her. All inquiries pertaining to this • Federal e-Rulemaking Portal: FS–33 Law Enforcement and system should be in writing, must name https://www.regulations.gov. Follow the Investigative Records’’ that will be used the system of records as set forth in the instructions for submitting comments. to maintain records of activities
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conducted by the Agency pursuant to its maintained by the Agency. A system of • Principals: Individuals not named mission and responsibilities. records is a group of any records under as subjects, but who may be responsible The Forest Service Law Enforcement the control of any agency from which for alleged violations. Investigations Reporting System information is retrieved by the name of • Complainants: Those who allege (LEIRS), formally known as Law an individual or by some identifying wrongdoing. Enforcement Investigations Management number, symbol, or other identifying • Others: Those closely connected Attainment Reporting System particular assigned to an individual. In with or contacted about an investigation (LEIMARS) is primarily a criminal accordance with 5 U.S.C. 552a(r), USDA or law enforcement issues. database and is used to collect has provided a report of this system information concerning criminal change to the Office of Management and CATEGORIES OF RECORDS IN THE SYSTEM: incidents that includes the PII related to Budget and to Congress. The system consists of files suspects, witnesses, and victims in containing reports of investigation, addition to information pertaining to the TITLE OF BUSINESS ADDRESS OF THE AGENCY correspondence, informal notes, investigation of criminal activity. The OFFICIAL RESPONSIBLE FOR THE SYSTEM OF statements of witnesses, names, RECORD: LEIRS, formally known as LEIMARS, addresses, social security numbers, system collects the following Chief information Officer, U.S. dates of birth, law enforcement reports, information (that may be considered Department of Agriculture, Forest and other available incident information PII): First name, last name, middle Service, 1400 Independence Avenue to investigations conducted, initial, date of birth, home or mailing SW, Washington, DC 20250. enforcement actions, or violations. address, work address, driver’s license, SYSTEM NAME AND NUMBER: RECORD SOURCE CATEGORIES: fishing license, hunting license, military Law Enforcement Investigations issued ID, school issued ID, social LEIRS, formally known as LEIMARS, Reporting System, formally known as is primarily a criminal and civil security ID, state issued ID, height, Law Enforcement Management weight, race, sex, hair color, eye color, investigation database and is used to Attainment Reporting System adult/juvenile, and occupation. LEIRS, collect information concerning criminal (LEIMARS), USDA/FS–33 Law formally known as LEIMARS, is also incidents that includes the PII related to Enforcement and Investigative Records. used to document incidents that may be suspects, witnesses, and victims in non-criminal in nature, primarily SECURITY CLASSIFICATION: addition to information pertaining to the pertaining to civil cases which may Unclassified. investigation of criminal activity. The result in a claim for or against the LEIRS, formally known as LEIMARS, government. SYSTEM LOCATION: system collects the following Consistent with USDA’s information LEIMARS is a centralized database information (that may be considered sharing mission, information stored in and is hosted on the Forest Service PII): First name, last name, middle LEIRS, formally known as LEIMARS, Application Cloud Environment (ACE) initial, date of birth, home or mailing may be shared with other USDA which is physically located at the address, work address, driver’s license, components, as well as appropriate National Information Technology Center fishing license, hunting license, military Federal, State, local, tribal, foreign, or (NITC), 8930 Ward Parkway, Kansas issued ID, school issued ID, social international government agencies. This City, MO 64114. security ID, state issued ID, height, sharing will only take place after USDA weight, race, sex, hair color, eye color, SYSTEM MANAGER: determines that the receiving adult/juvenile, and occupation, component or agency has a need to The Director, Law Enforcement and handwriting or an image of the know the information to carry out Investigations (LEI), U.S. Department of signature. LEIRS, formally known as national security, law enforcement, Agriculture, Forest Service, 1400 LEIMARS, is also used to document immigration, intelligence, or other Independence Avenue SW, (Mail Stop incidents that may be non-criminal in functions consistent with the routine 1140), Washington, DC 20250. the nature, primarily pertaining to civil uses set forth in this system of records AUTHORITY FOR MAINTENANCE OF THE SYSTEM: cases which may result in a claim for or notice. against the government. The Privacy Act embodies fair Title 16, United States Code, section information principles in a statutory 559. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND framework governing the means by PURPOSE(S) OF THE SYSTEM: PURPOSES OF SUCH USES: which the United States Government LEIRS, formally known as LEIMARS, collects, maintains, uses, and is a national database used by Forest In addition to those disclosures disseminates personally identifiable Service LEI consisting of approximately generally permitted under 5 U.S.C. information. The Privacy Act applies to 600 to 700 users dispersed throughout 552a(b) of the Privacy Act, routine uses information that is maintained in a the nine Forest Service Regions. The are defined as disclosures where ‘‘system of records.’’ A ‘‘system of information is being collected to information is routinely shared whether records’’ is a group of any records under document all criminal and civil internally or externally. Below are the control of an agency for which investigations that take place or are routine uses applicable to LEIMARS: information is retrieved by the name of related to crimes committed on National A. Sharing information with the an individual or by some identifying Forest System lands. Department of Justice (DOJ) when: (a) number, symbol, or other identifying USDA or any component thereof; or (b) particular assigned to the individual. In CATEGORIES OF INDIVIDUALS COVERED BY THE any employee of USDA in his or her the Privacy Act, an individual is defined SYSTEM: official capacity where the Department to encompass United States citizens and Individuals covered by the system of Justice has agreed to represent the legal permanent residents. include: employee; or (c) the United States The Privacy Act of 1974, as amended • Subjects: Individuals against whom Government is a party to litigation or (5 U.S.C. 552a), requires agencies to allegations of wrongdoing have been has an interest in such litigation, and, publish in the Federal Register notice of made or who have committed a by careful review, USDA determines new or revised systems of records violation. that the records are both relevant and
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necessary to the litigation and the use of enforcing or implementing a statute, Government Appropriations Act for such records by the Department of rule, regulation, or order issued Fiscal Year 2001 (Pub. L. 106–554, Justice is therefore deemed by USDA to pursuant thereto, of any record within codified at 44 U.S.C. 3516) as well as be for a purpose that is compatible with the system when information available Title 5, Part I, Chapter 3—301, and 5 the purpose for which USDA collected indicates a violation or potential U.S.C. 552—Sec. 552a. See also 5 U.S.C. the records. violation of law, whether civil, criminal, Chapter 552; 44 U.S.C. Chapters 21, 29, B. Sharing information with a or regulatory in nature. 31, and 33 (Records Management); 18 congressional office in response to an G. Sharing information with another U.S.C. 2071; 44 U.S.C. 3101 et seq.; 44 inquiry from that congressional office Federal agency or Federal entity when U.S.C. 3506; Title 7 CFR 2.37; 36 CFR made at the written request of the information from this system of records Chapter 12, Subchapter B; 36 CFR part individual to whom the record pertains. is reasonably necessary to assist the 1234, eGovernment Act of 2002 (Pub. L. C. Sharing information with the recipient agency or entity in (a) 107–347, 44 U.S.C. Ch. 36); 0MB National Archives and Records responding to a suspected or confirmed Circular A–130; NARA General Records Administration (NARA) or other Federal breach or (b) preventing, minimizing, or Schedules and Forest Service Mission- government agencies pursuant to remedying the risk of harm to specific records retention schedules records management inspections being individuals, the recipient agency or approved by NARA for NARA Records conducted under the authority of 44 entity (including its information Group 95. U.S.C. 2904 and 2906. systems, programs, and operations), the D. Sharing information with an Federal Government, or national POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS: agency, organization, or individual for security, resulting from a suspected or the purpose of performing audit or confirmed breach. Records are maintained in accordance oversight operations as authorized by H. To a court or adjudicative body in with Forest Service records management law but only such information as is a proceeding when: (a) USDA or any policy and NARA’s General Records necessary and relevant to such audit or component thereof; or (b) any employee Schedule and/or NARA-approved oversight function. of USDA in his or her official capacity; records schedules for NARA Records E. Sharing information with or (c) any employee of USDA in his or Group 95. Records are maintained in appropriate agencies, entities, and her individual capacity where USDA categories organized by subject matter persons when: (1) USDA suspects or has has agreed to represent the employee or under the following file codes: confirmed that the security or the United States Government, is a party 5300—Law Enforcement confidentiality of information in the 5310—‘‘Planning’’ to litigation or has an interest in such system of records has been 5320—‘‘Investigation’’ litigation, and by careful review, USDA compromised; (2) USDA has determined 5330—‘‘Law Violations’’ determines that the records are both that as a result of the suspected or 5340—‘‘Reports’’ relevant and necessary to the litigation confirmed breach, there is a risk of harm 5350—‘‘Procedures’’ to individuals, USDA (including its and the use of such records is therefore 5360—‘‘Cooperative Law information systems, programs, and deemed by USDA to be for a purpose Enforcement’’ operations), the Federal Government, or that is compatible with the purpose for 5370—‘‘Suitability Requirements, national security; and (3) the disclosure which USDA collected the records. Training, and Standards’’ 5380—‘‘Law Enforcement made to such agencies, entities, and DISCLOSURE TO CONSUMER REPORTING persons is reasonably necessary to assist AGENCIES: Equipment’’ 5390—‘‘Damage Appraisal and in connection with USDA’s efforts to None. respond to the suspected or confirmed Claims’’ POLICIES AND PRACTICES FOR STORAGE OF compromise and prevent, minimize, or POLICIES AND PRACTICES FOR RETENTION AND RECORDS: remedy such harm. DISPOSAL OF RECORDS: F. Sharing information when a record All hard copies of documents related Records covered by this Privacy Act on its face, or in conjunction with other to case investigations are stored in a SORN are managed according to records records, indicates a violation or room with an extra security lock. This retention schedules approved by NARA. potential violation of law, whether civil, local security serves as an additional Records schedules used to retain and criminal, or regulatory in nature, and measure to ensure that only authorized manage records are found in Chapter 40 whether arising by general statute or personnel can access these documents. of Forest Service Handbook 6209.11— particular program statute, or by Each USDA mission area, agency, and Records Management Handbook. This regulation, rule, or order issued staff office creates and maintains proper Handbook is available on the Forest pursuant thereto, disclosure may be and adequate documentation of the Service website at https:// made to the appropriate agency, organization, functions, policies, www.fs.usda.gov/about-agency/ whether Federal, foreign, State, local, or decisions, procedures, and essential regulations-policies. All unscheduled tribal, or other public authority transactions of the Department. This records, that is, records without a responsible for enforcing, investigating, documentation protects the legal and NARA-approved records retention or prosecuting such violation or charged financial rights of the Government and schedule, are retained until a records with enforcing or implementing the of persons directly affected by the retention schedule is approved by statute, or rule, regulation, or order Department’s activities (44 U.S.C. 3101). NARA. Once a schedule is approved, all issued pursuant thereto, if the U.S.C. Title 7, Chapters 55—2204 state existing records will be processed information disclosed is relevant to any that the Secretary of Agriculture may according to the requirements set forth enforcement, regulatory, investigative, conduct any survey or other information in that schedule. or prosecutorial responsibility of the collection and employ any sampling or receiving entity. Referral to the other statistical method that the ADMINISTRATIVE, TECHNICAL, AND PHYSICAL appropriate agency, whether Federal, Secretary determines is appropriate. SAFEGUARDS: State, local, or foreign, charged with the The Department is also authorized to Computer files are password responsibility of investigating or obtain certain information under protected. When applicable, paper prosecuting violation of law, or of Section 515 of the Treasury and General records are kept in a locked or secured
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office or office building and can be information, including information privacy-policy/privacyimpact- accessed by authorized Forest Service about you. If additional information is assessments. employees. The Department/Forest required to fulfill a Privacy Act request, • The Federal Register for System of Service safeguards electronic records in you will be notified. If you want records Records Notices and legal authorities. this system according to applicable about yourself to be released to a third • Forest Service-specific System of rules and policies, including all party (such as a law firm or other Records Notices are also published on applicable automated systems’ security organization requesting records on your the Forest Service website https:// and access policies. The Forest Service behalf), the third party may receive www.fs.fed.us/im/foia/pasystems.htm. • has imposed strict controls to minimize greater access if they have permission Forms associated with Privacy Act the risk of compromising stored from you. You will need a signed and systems are approved through the Office information. System access is limited to dated statement that the Forest Service of Management and Budget under the individuals with appropriate clearances may release records pertaining to you. Paperwork Reduction Act (also cited in or permissions who need to know the Include your name, date of birth, name the Federal Register); the forms cite the information for performance of official of the person or organization to whom Privacy Act. duties. you want your records disclosed (where Any individual may request general information regarding this system of RECORD ACCESS PROCEDURES: applicable), their contact information, and list of records that may be released records or information as to whether the Individuals are not allowed to access (all emails, medical records, etc.). The system contains records pertaining to their information through the LEIMARS him/her. All inquiries pertaining to this person about whom the records will be database. Although access to the system system should be in writing, must name released should include a statement may be denied, any person, including the system of records as set forth in the indicating that they understand that U.S. citizens, foreign nationals, system notice, and must contain the knowingly or willingly seeking or organizations, universities, businesses, individual’s name, telephone number, obtaining access to records about and state and local governments, can address, and email address (see specific another person under false pretenses file a Freedom of Information Act instructions above). (FOIA) request to acquire copies of and/or without their consent is records of the system. Federal punishable by a fine of up to $5,000. EXEMPTIONS CLAIMED FOR THE SYSTEM: employees may not use government Requests must be for access to This system has been exempted time or equipment when requesting existing records. The Forest Service pursuant to 5 U.S.C. 552a(k)(2) from the information under the FOIA. FOIA Office will not create records for requirements of 5 U.S.C. 552a(c)(3), Individuals seeking access to records the purpose of responding to a FOIA or 552a(d), 552a(e)(l), 552a(e)(3), contained in this system of records, or Privacy Act request. FOIA excludes 552a(4)(h)–(i), and 552a(f) (see 7 CFR seeking to contest content, may submit Federal agencies from its definition of 1.123). This exemption will only be a request in writing to the Forest Service persons permitted to make FOIA used to maintain the efficiency and FOIA/Privacy Act Officer (contact requests (see 5 U.S.C. 552(a)(3)(A) and integrity of lawful investigations and to information at https:// 5 U.S.C. 551(2)). To avoid confusion as prevent access to certain law www.dm.usda.gov/foia/poc.htm). If an to whether Federal employees are enforcement files that potentially could individual believes more than one requesting information in their personal alert subjects of investigations that their Department component maintains or official capacities, requests from activities are being scrutinized and thus Privacy Act records concerning him or Federal employees should be submitted allow them time to take measures to her, the individual may submit the using personal resources. prevent detection of illegal action or request to the Departmental FOIA escape prosecution. Any individual who CONTESTING RECORDS PROCEDURES: Officer, 1400 Independence Avenue feels that he or she has been denied any SW, South Building Room 4104, Any individual may contest right, privilege, or benefit for which he Washington, DC 20250- 0706, email: information contained within a record or she would otherwise be eligible as a [email protected]. The request in the system that pertains to him/her result of the maintenance of such should include a daytime phone by submitting a written request to the material may request access to the number and email. Provide as much system manager at the address above. material. Such requests should be information as possible about the Include the reason for contesting the addressed to the System Manager. record and the proposed amendment to subject matter of the records you are HISTORY: requesting. This will help facilitate the the information with supporting Document Citation—69 FR 56031, search process. If you are making a documentation to show how the record pages 56031–56032 (2 pages), FR Doc. request for records about yourself, you is inaccurate. 04–20930 Filed 9–16–04; 8:45 a.m. may receive greater access by providing NOTIFICATION PROCEDURES: either a notarized statement or a Dated: June 29, 2021. statement signed under penalty of LEIRS, formally known as LEIMARS, Victoria Christiansen, perjury stating that you are the person contains information about individuals Chief, USDA Forest Service. who you say you are. Provide your full that is recorded on a Violation Notice. [FR Doc. 2021–14277 Filed 7–2–21; 8:45 am] name, date, and either: (1) Have your Individuals who receive a Violation BILLING CODE 3411–15–P signature witnessed by a notary; or (2) Notice are provided with a copy at the include the following statement time of the incident. The notification immediately above the signature on provides a copy of all recorded DEPARTMENT OF AGRICULTURE your request letter: ‘‘I declare under information to individuals. penalty of perjury that the foregoing is Information to individuals is provided Forest Service true and correct. Executed on [date].’’ via: • Information Collection; Pesticide-Use Requests that do not contain the LEIRS, formally known as Proposal required declaration will be processed LEIMARS, Privacy Impact Analysis on under the FOIA and, if records are the Department Privacy Impact Analysis AGENCY: Forest Service, Agriculture found, you may not receive as much website, https://www.usda.gov/home/ (USDA).
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ACTION: Notice; request for comment. pesticides. The Forest Service currently other technological collection uses form FS–2100–2, Pesticide-Use techniques or other forms of information SUMMARY: In accordance with the Proposal (PUP) internally to collect and technology. Paperwork Reduction Act of 1995, the review pesticide-applications intended All comments received in response to Forest Service is seeking comments to control pests of grasslands and forests this notice, including names and from all interested individuals and under its administrative responsibility addresses when provided, will be a organizations on the renewal of a (under FSM 2150, and FSH 2109.14). matter of public record. Comments will currently approved information The Forest Service anticipates requests be summarized and included in the collection, Pesticide-Use Proposal. from outside entities for application of submission request toward Office of DATES: Comments must be received in pesticides upon Forest Service Management and Budget approval. writing on or before September 7, 2021 administered lands within rights-of-way Jaelith Hall-Rivera, to be assured of consideration. easements, permitted lands, and under Comments received after that date will similar circumstances. Acting Deputy Chief, State & Private Forestry. be considered to the extent practicable. The Forest Service proposes to use the [FR Doc. 2021–14262 Filed 7–2–21; 8:45 am] ADDRESSES: Comments concerning this PUP form to collect pesticide project BILLING CODE 3411–15–P notice should be addressed: information from those outside entities to facilitate authorization of selected Email: [email protected]. DEPARTMENT OF AGRICULTURE Mail: Stephen A. Covell, USDA Forest activities. Completion of the PUP form includes identification of pests to be Service, Forest Health Protection, 1400 Forest Service Independence Avenue SW, Mail Stop controlled, pesticide to be applied, and 1110, Washington, DC 20250. other regulatory compliance information Privacy Act of 1974; System of Please do not include in your such as use of certified applicators. Records comments information of a confidential Because diverse pesticide-use projects nature, such as sensitive personal are designed for local conditions, it is AGENCY: Forest Service, U.S. information or proprietary information. appropriate for the PUP form to be used Department of Agriculture. If you send an email comment, your to ensure that essential details are ACTION: Notice of a modified system of email address will be automatically uniformly assembled for review. records. Proposals will be evaluated by Forest captured and included as part of the SUMMARY: In accordance with the comment that is placed in the public Service pesticide use coordinators and other administrative personnel to Privacy Act of 1974, the U.S. docket and made available on the Department of Agriculture (USDA or internet. Please note that responses to safeguard human health and ecological protection consistent with Forest Department) proposes to modify and this public comment request containing reissue the current system of records any routine notice about the Service land use management programs. Form and instructions will be posted on entitled ‘‘Department of Agriculture, confidentiality of the communication Forest Service, Mineral Lessees and will be treated as public comments that a Forest Service website for ready public availability. Permittees.’’ This system allows the may be made available to the public Forest Service Minerals and Geology notwithstanding the inclusion of the Affected Public: Individuals and Households, Businesses and program to support Forests and routine notice. Grasslands to manage locatable minerals The public may request an electronic Organizations, and State, Local or Tribal Governments responsible for pest and mineral materials. This information copy of the draft supporting statement helps the Agency meet its objectives to and/or any comments received be sent control, including vegetation management along rights-of-way, upon explore, develop, and produce mineral via return email. Requests should be resources. emailed to [email protected]. lands administered by the Forest Service. DATES: Submit comments on or before FOR FURTHER INFORMATION CONTACT: Mr. Estimate of Burden per Response: 12 August 5, 2021. This new system will be Stephen A. Covell, State and Private hours. effective August 5, 2021. Forestry, Forest Health Protection, Estimated Annual Number of ADDRESSES: You may submit comments, telephone 703–605–5342, email Respondents: 36. identified by docket number FS–2021– [email protected]. Individuals Estimated Annual Number of 0003 by one of the following methods: who use telecommunication devices for Responses: 50. • Federal e-Rulemaking Portal: http:// the deaf (TDD) may call the Federal Estimated Total Annual Burden on www.regulations.gov. Follow the Relay Service (FRS) at 1–800–877–8339 Respondents: 600 hours. instructions for submitting comments; twenty-four hours a day, every day of Comment is Invited: Comment is • Email: Chad Hood for smaller the year, including holidays. invited on: (1) Whether this collection notices, [email protected]; or SUPPLEMENTARY INFORMATION: of information is necessary for the stated • Mail: Chad Hood, Geologist, Title: Pesticide-Use Proposal. purposes and the proper performance of Minerals and Geology Management, OMB Number: 0596–0241. the functions of the Agency, including 1249 South Vinnell Way, Suite 200, Expiration Date of Approval: February whether the information will have Boise, ID 83709. 28, 2022. practical or scientific utility; (2) the Instructions: All submissions received Type of Request: Renewal of a accuracy of the Agency’s estimate of the must include the agency name and currently approved information burden of the collection of information, docket number for this rulemaking. All collection. including the validity of the comments received will be posted Abstract: USDA Forest Service (FS) methodology and assumptions used; (3) without change to http:// has Federal land stewardship ways to enhance the quality, utility, and www.regulations.gov, including any responsibilities for approximately 193 clarity of the information to be personal information provided. million acres. Forest Service land collected; and (4) ways to minimize the Docket: For access to the docket to management responsibilities require use burden of the collection of information read background documents or of integrated pest management, which on respondents, including the use of comments received, go to http:// in certain circumstances includes use of automated, electronic, mechanical, or www.regulations.gov.
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FOR FURTHER INFORMATION CONTACT: For Ranger offices. The addresses for these permits, contracts, a plan of operations, general questions and privacy issues locations are available on the Forest or a notice of intent. The information please contact: U.S. Department of Service website, at https:// consists of inter- and intra-agency, Agriculture’s Forest Service, Minerals www.fs.usda.gov/organization. The Secretarial, Presidential, and and Geology Management, Geologist, addresses for the Regional Foresters and Congressional correspondence; Chad Hood (208) 373–4190, 1249 South Forest Supervisors are also listed in 36 correspondence to/from individuals Vinnell Way, Suite 200, Boise, ID 83709; CFR part 200, subpart A; and addresses covered by the system of records; for privacy questions, please contact: for District Rangers are in the telephone notices of intent to operate; operating Sullie Coleman, Chief Privacy Officer, directory of the applicable locality plans; evaluation of surface disturbance by email at [email protected] or under the heading, United States and related mitigation; reclamation by telephone at (202) 604–0467. Government, Department of Agriculture, plans and bonds; mineral evaluations; SUPPLEMENTARY INFORMATION: The Forest Service. environmental reports; reports of mineral examinations and pleadings; Privacy Act of 1974, as amended (5 SYSTEM MANAGER: U.S.C. 552a), requires agencies to permits; sale contracts; and authorized The Director, Minerals and Geology publish in the Federal Register notice of field contact for any minerals related Management, Forest Service, U.S. new or revised systems of records activity. Department of Agriculture, 1400 maintained by the Agency. A system of Independence Avenue SW, Mailstop RECORDS SOURCE CATEGORIES: records is a group of any records under 1126, Washington, DC 20250; Regional the control of any agency from which Information maintained in this system Minerals Directors are located in the information is retrieved by the name of is provided by the members of the Regional Forester, Forest Supervisor; an individual or by some identifying public and Agency staff personnel. and District Ranger offices. number, symbol, or other identifying Forest Service forms FS–2800–5 (OMB No. 0596–0022) and FS–2800–9 (OMB particular assigned to an individual. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The Forest Service proposes to modify No. 0596–0081) are used to collect 42 U.S.C. 4321 National information. a system of records, entitled ‘‘USDA/ Environmental Policy Act (NEPA); Forest Service-16 Mineral Lessees and Public Law 113–79 Agriculture Act ROUTINE USES OF RECORDS MAINTAINED IN THE Permittees System of Records,’’ that will 2014; SYSTEM, INCLUDING CATEGORIES OF USERS AND be used to maintain records of activities Public Law 94–588 National Forest PURPOSES OF SUCH USES: conducted by the Agency pursuant to its Management Act of 1976; In addition to those disclosures mission and responsibilities. 36 CFR 228 subpart A, Locatable generally permitted under 5 U.S.C. The Forest Service is modifying the Minerals; 552a(b) of the Privacy Act, records system name to Mineral Operators and 36 CFR 228 subpart C, Salable contained in a system may be disclosed Activities and adding categories of Minerals. outside the Department as follows: individuals covered by the system; A. To the appropriate agency, whether PURPOSE(S) OF THE SYSTEM: categories of records in the system; Federal, State, local, Tribal, foreign, or updating the way records are The purpose of this system of records other public authority responsible for maintained; adding (#) routine uses and is to maintain records related to enforcing, investigating, or prosecuting modifying (#) routine uses; and adding individuals or companies who have such violation or charged with enforcing system managers for an existing Privacy applied for or hold mineral material or implementing the statute, or rule, Act system of records. contract’s or permit’s issued by the regulation, or order issued pursuant Title and Business Address of the Forest Service covering National Forest thereto when a record on its face, or in Agency Official Responsible for the System lands; locatable mineral conjunction with other records, System of Record: Chief Information operators on National Forest System indicates a violation or potential Officer, U.S. Department of lands; and lessees and assignees of any violation of law, whether civil, criminal, Agriculture’s Forest Service, 1400 mineral materials contract, permit, or or regulatory in nature, and whether Independence Avenue SW, Washington, locatable mineral operations. The Forest arising by general statute or particular DC 20250. Service uses these records to ensure program, statute, or by regulation, rule, mining projects are administered and SYSTEM NAME AND NUMBER: or order issued pursuant thereto, reclaimed in compliance with mining disclosure may be made if the USDA/Forest Service-16 Mineral and environmental regulations. information disclosed is relevant to any Lessees and Permittees System of enforcement, regulatory, investigative, Records. CATEGORIES OF INDIVIDUALS COVERED BY THE or prospective responsibility of the Mineral Operators and Activities SYSTEM: receiving entity. System, CSAM ID: 1075, External ID: Individuals covered by the system B. To the Department of Justice, when 643, UII Code: 005–96–01–11–01–2137– include members of the public who the Agency—or any component thereof, 00. have applied for or hold mineral material contracts or permits issued by or any employee of the Agency in his or SECURITY CLASSIFICATION: the Forest Service covering National her official capacity, or any employee of Controlled Unclassified Information Forest System lands; locatable mineral the Agency in his or her individual (CUI). operators on National Forest System capacity where the Department of lands; and lessees and assignees of any Justice has agreed to represent the SYSTEM LOCATION: mineral materials contract, permit, or employee, or the United States, in All data is maintained in the National locatable mineral operations. litigation, where the Agency determines Resource Manager (NRM) General that litigation is likely to affect the Support System (GSS) located at the CATEGORIES OF RECORDS IN THE SYSTEM: Agency or any of its components—is a National Information Technology Center The system includes documents that party to litigation or has an interest in (NITC) in Kansas City, Missouri. Paper may contain the name, address, or email such litigation, and the use of such records are located at the Regional address of members of the public who records by the Department of Justice is Forester, Forest Supervisor, and District have applied for or hold mineral deemed by the Agency to be relevant
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and necessary to the litigation; transactions of the Department. This according to the requirements set forth provided, however, that in each case, documentation protects the legal and in that schedule. the Agency determines that disclosure financial rights of the Government and of the records to the Department of of persons directly affected by the ADMINISTRATIVE, TECHNICAL, AND PHYSICAL Justice is a use of the information Department’s activities (44 U.S.C. 3101). SAFEGUARDS: contained in the records that is U.S.C. Title 7, Chapters 55—2204 state When applicable, paper records are compatible with the purpose for which that the Secretary of Agriculture may kept in a locked or secured office or the records were collected. conduct any survey or other information office building, and/or retained in a C. To a Member of Congress or to a collection and employ any sampling or Forest Service secured computer system congressional staff member in response other statistical method that the and can only be accessed by authorized to an inquiry of the congressional office Secretary determines is appropriate. Forest Service employees. Department/ made at the written request of the The Department is also authorized to Forest Service safeguards electronic constituent about whom the record is obtain certain information under Sec. records in this system according to maintained. 515 of the Treasury and General applicable rules and policies, including D. To agency contractors, grantees, Government Appropriations Act for all applicable automated systems’ experts, consultants, or volunteers who Fiscal Year 2001 (44 U.S.C. 3516, Pub. security and access policies. The Forest have been engaged by the agency to L. 106–554) as well as Title 5 Part I Service has imposed strict controls to assist in the performance of a service Chapter 3–301, and 5 U.S.C. 552 552a. minimize the risk of compromising related to this system of records and See also: 5 U.S.C. Chapter 552; 44 stored information. System access, who need to have access to the records U.S.C. Chapters 21, 29, 31, and 33 including access to records stored in an in order to perform the activity. (Records Management); 18 U.S.C. 2071; Agency approved repository (such as Recipients shall be required to comply 44 U.S.C. 3101 et seq.; 44 U.S.C. 3506; Pinyon or its successor), is limited to with the requirements of the Privacy Act Title 7 CFR 2.37; 36 CFR Chapter 12, individuals with appropriate clearances of 1974, as amended, pursuant to 5 Subpart B; 36 CFR part 1234, or permissions who need to know the U.S.C. 552a(m). eGovernment Act of 2002 (Pub. L. 107– information for performance of official E. Disclosure may be made to a 347, 44 U.S.C. Ch. 36); OMB Circular A– duties. congressional office from the record of 130; NARA General Records Schedules, The NRM applications, which houses an individual in response to an inquiry and Forest Service Mission-specific the information in this system, have from the congressional office made at records retention schedules approved by Oracle roles defined in the database. the request of that individual. NARA for NARA Records Group 95. These roles define what level of access F. To the National Archives and a user assigned that Oracle role may Records Administration (NARA) or to POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS: have. The User Management the General Services Administration for Application (UMA) is used to assign Records are maintained in accordance records management inspection these roles, as well as to determining with Forest Service records management conducted under 44 U.S.C. 2904 and what subsets of the data—referred to as policy and NARA’s General Records 2906. organizational units—a user may have Schedule and/or NARA-approved G. To the news media and the public, access. UMA has an automated process records schedules for NARA Records with the approval of the Chief Privacy to request and approve access to Group 95. Records are maintained in Officer in consultation with counsel, applications on the NRM General categories organized by subject matter when there exists a legitimate public Support System. A user requests interest in the disclosure of the under the following file codes: • specific roles and organizational codes information, when disclosure is 2800—MINERALS AND GEOLOGY • that allow access to specific subsets of necessary to preserve confidence in the 2810—‘‘MINING CLAIMS’’ • 2840—‘‘RECLAMATION’’ data. The request is automatically integrity of USDA, or when disclosure is • forwarded to the requester’s UMA necessary to demonstrate the 2850—‘‘MINERAL MATERIALS’’ • 2860—‘‘FOREST SERVICE Manager who approves or denies the accountability of USDA’s officers, request. The UMA manager is employees, or individuals covered by AUTHORIZED PROSPECTING AND MINERAL COLLECTING’’ responsible for determining what level the system, except to the extent the of access a given user requires to fulfill Chief Privacy Officer determines that POLICIES AND PRACTICES FOR RETENTION AND job responsibilities. release of the specific information in the DISPOSAL OF RECORDS: context of a particular case would Records covered by this Privacy Act RECORD ACCESS PROCEDURES: constitute a clearly unwarranted System of Records Notices (SORN) are Individuals seeking access to records invasion of personal privacy. managed according to records retention contained in this system of records, or DISCLOSURE TO CONSUMER REPORTING schedules approved by NARA. Records seeking to contest content, may submit AGENCIES: schedules used to retain and manage a request in writing to the Forest Service None. records are found in Chapter 40 of FOIA/Privacy Act Officer (contact Forest Service Handbook 6209.11— information at https:// POLICIES AND PRACTICES FOR STORAGE OF Records Management Handbook. This www.dm.usda.gov/foia/poc.htm). If an RECORDS: Handbook is available on the Forest individual believes more than one All records are stored electronically or Service website at https:// Department component maintains on paper in secure facilities in a locked www.fs.usda.gov/about-agency/ Privacy Act records concerning him or drawer behind a locked door. The regulations-policies. All unscheduled her, the individual may submit the records may be stored on digital media. records—meaning records without a request to the Departmental Freedom of Each USDA mission area, agency, and NARA-approved records retention Information Act Officer, 1400 staff office creates and maintains proper schedule—are retained until a records Independence Avenue SW, South and adequate documentation of the retention schedule is approved by Building Room 4104, Washington, DC organization, functions, policies, NARA. Once a schedule is approved, all 20250–0706, email: USDAFOIA@ decisions, procedures, and essential existing records will be processed ocio.usda.gov.
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The request should include a daytime by submitting a written request to the DEPARTMENT OF COMMERCE phone number and email. Provide as system manager at the address above. much information as possible about the Include the reason for contesting the Foreign-Trade Zones Board subject matter of the records you are record and the proposed amendment to [B–50–2021] requesting. This will help facilitate the the information with supporting search process. documentation to show how the record Foreign-Trade Zone (FTZ) 265— If you are making a request for records is inaccurate. Conroe, Texas; Notification of about yourself, you may receive greater Proposed Production Activity; LUC access by providing either a notarized NOTIFICATION PROCEDURES: Urethanes, Inc. (Wheels, Rollers and statement or a statement signed under Friction Pads for Industrial Machinery penalty of perjury stating that you are Information to individuals is provided and Material Conveyance), Conroe, the person who you say you are. via: Texas Provide your full name, date, and • NRM Privacy Impact Analysis on The City of Conroe, Texas, grantee of either: (1) Have your signature the Department Privacy Impact Analysis FTZ 265, submitted a notification of witnessed by a notary; or (2) include the website, https://www.usda.gov/home/ following statement immediately above proposed production activity to the FTZ privacy-policy/privacy-impact- Board on behalf of LUC Urethanes, Inc. the signature on your request letter: ‘‘I assessments. declare under penalty of perjury that the (LUC), located in Conroe, Texas. The • foregoing is true and correct. Executed The Federal Register for System of notification conforming to the on [date].’’ Requests that do not contain Records Notices and legal authorities. requirements of the regulations of the the required declaration will be • Forest Service-specific System of FTZ Board (15 CFR 400.22) was processed under FOIA, and, if records Records Notices are also published on received on June 17, 2021. The LUC facility is located within are found, you may not receive as much the Forest Service website, https:// information, including information FTZ 265. The facility is used for the www.fs.fed.us/im/foia/pasystems.htm. production of wheels, rollers and about you. If additional information is • Forms associated with Privacy Act friction pads for industrial machinery required to fulfill a Privacy Act request, systems are approved through the Office and material conveyance. Pursuant to 15 you will be notified. If you want records about yourself to of Management and Budget under the CFR 400.14(b), FTZ activity would be be released to a third party (such as a Paperwork Reduction Act (also cited in limited to the specific foreign-status law firm or other organization the Federal Register); the forms cite the materials and components and specific requesting records on your behalf), the Privacy Act. finished products described in the submitted notification (as described third party may receive greater access if Any individual may request general below) and subsequently authorized by they have permission from you. information regarding this system of the FTZ Board. You will need a signed and dated records or information as to whether the statement that the Forest Service may Production under FTZ procedures system contains records pertaining to could exempt LUC from customs duty release records pertaining to you. him/her. All inquiries pertaining to this Include your name; date of birth; name payments on the foreign-status system should be in writing, must name components used in export production. of the person or organization to whom the system of records as set forth in the you want your records disclosed (where On its domestic sales, for the foreign- system notice, and must contain the applicable); their contact information; status materials/components noted individual’s name, telephone number, list of records that may be released (all, below, LUC would be able to choose the address, and email address (see specific emails, medical records, etc.). The duty rates during customs entry person about whom the records will be instructions above). procedures that apply to wheels, rollers released should include a statement and friction pads for industrial EXEMPTIONS CLAIMED FOR THE SYSTEM: indicating that they understand that machinery and material conveyance knowingly or willingly seeking or None. (duty rate ranges from duty-free—3.1%). obtaining access to records about LUC would be able to avoid duty on another person under false pretenses HISTORY: foreign-status components which become scrap/waste. Customs duties and or without their consent is The Forest Service proposes to modify punishable by a fine of up to $5,000. also could possibly be deferred or Requests must be for access to a system of records entitled ‘‘USDA/ reduced on foreign-status production existing records. The Forest Service Forest Service-16 Mineral Lessees and equipment. FOIA Office will not create records for Permittees System of Records’’ that will The components and materials the purpose of responding to a FOIA or be used to maintain records of activities sourced from abroad include: Various Privacy Act request. conducted by the Agency pursuant to its chain extenders [1, 4 Butanediol; 2- FOIA excludes Federal agencies from mission and responsibilities. Methylpropyl 3.5-diamino-4- its definition of persons permitted to chlorobenzoate; Trisopropanolamine; 1, Dated: June 29, 2021. 3-Bis(2-hydroxyethoxy) benzene; 4,4 make FOIA requests [see 5 U.S.C. Victoria Christiansen, 552(a)(3)(A) and 5 U.S.C. 551(2)]. To methylene bis (2-chloroaniline); avoid confusion as to whether Federal Chief, USDA Forest Service. Hydroquinone bis (2-hydroxyethyl) employees are requesting information in [FR Doc. 2021–14276 Filed 7–2–21; 8:45 am] ether; Trimethylol propane]; various their personal or official capacities, BILLING CODE 3411–15–P prepolymers [Toluene diisocyanate; requests from Federal employees should Poly(oxy-1, 4-butanediyl), alpha-hydro- be submitted using personal resources. omega-hydroxy-, polymer with 2, 4- diisocyanto-1-methylbenzene; Tolylene- CONTESTING RECORDS PROCEDURES: 2, 4-disocyante; Hexanedioic acid, Any individual may contest polymer with 2, 4-diisocyanato-1- information contained within a record methylbenzene and 1, 2-ethanediol, in the system that pertains to him/her isocyanate-terminated]; various polyols
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[2-oxyepanone, -polymer with 2, 2- adopted by the FTZ Board (15 CFR Sec. Secretary and sent to: [email protected]. The dimethyl-1, 3-propanediol; 400.2(c)). The ASF is an option for closing period for their receipt is Poly(caprolactone)diol, Average M.N grantees for the establishment or September 7, 2021. Rebuttal comments 2000; Polybutadiene having terminal reorganization of zones and can permit in response to material submitted hydroxylene group; Diethyl ester significantly greater flexibility in the during the foregoing period may be carbonic acid polymer with 1, 6- designation of new subzones or ‘‘usage- submitted during the subsequent 15-day hexandial; Poly(Ethylene Adipate); driven’’ FTZ sites for operators/users period to September 20, 2021. Hexanedioic acid polymer with 1,4- located within a grantee’s ‘‘service area’’ butanediol and 1,2 ethane]; in the context of the FTZ Board’s A copy of the application will be Oxydipropyl dibenzoate; DBE diabasic standard 2,000-acre activation limit for available for public inspection in the ester; Short/chopped nonwoven a zone. The application was submitted ‘‘Reading Room’’ section of the FTZ strengthening aramid fibers; Release pursuant to the Foreign-Trade Zones Board’s website, which is accessible via Agent-Low toxicity processing solvent; Act, as amended (19 U.S.C. 81a–81u), www.trade.gov/ftz. For further Lubricants/Vacuum Grease; coloring and the regulations of the Board (15 CFR information, contact Christopher Kemp pigments with less than 80% titanium part 400). It was formally docketed on at [email protected]. dioxide; mixture of coloring pigments June 29, 2021. Dated: June 29, 2021. FTZ 83 was approved by the FTZ with a carbon black base; mixture of Andrew McGilvray, coloring pigments with no dominant Board on February 24, 1983 (Board ingredient; steel or aluminum shafts for Order 209, 48 FR 9052, March 3, 1983) Executive Secretary. rollers; and, steel or aluminum roller and expanded on October 30, 1989 [FR Doc. 2021–14300 Filed 7–2–21; 8:45 am] bodies (duty rate ranges from duty-free (Board Order 447, 54 FR 46430, BILLING CODE 3510–DS–P to 6.5%). November 3, 1989) and July 1, 1992 The request indicates that certain (Board Order 585, 57 FR 30717, July 10, materials/components are subject to 1992). DEPARTMENT OF COMMERCE duties under Section 301 of the Trade The current zone includes the Act of 1974 (Section 301), depending on following sites: Site 1 (1,550 acres)— Foreign-Trade Zones Board the country of origin. The applicable Huntsville International Airport and Section 301 decisions require subject Industrial Complex, Glenn Hearn [B–19–2021] merchandise to be admitted to FTZs in Boulevard, Huntsville; and, Site 2 (1,014 privileged foreign status (19 CFR acres)—Mallard Creek Industrial Park, Foreign-Trade Zone (FTZ) 59—Lincoln, 146.41). Highway 72 and Red Hat Road, Decatur. Nebraska, Authorization of Production The grantee’s proposed service area Public comment is invited from Activity, Zoetis Services, LLC under the ASF would be Cherokee, interested parties. Submissions shall be (Pharmaceutical Products), Lincoln, Colbert, Cullman, DeKalb, Franklin, addressed to the Board’s Executive Nebraska Jackson, Lauderdale, Lawrence, Secretary and sent to: [email protected]. The Limestone, Madison, Marshall, Marion, closing period for their receipt is August On March 2, 2021, Zoetis Services, Morgan and Winston Counties, LLC submitted a notification of 16, 2021. Alabama, as described in the proposed production activity to the FTZ A copy of the notification will be application. If approved, the grantee Board for its facility within Subzone available for public inspection in the would be able to serve sites throughout 59E, in Lincoln, Nebraska. ‘‘Reading Room’’ section of the Board’s the service area based on companies’ website, which is accessible via needs for FTZ designation. The The notification was processed in www.trade.gov/ftz. application indicates that the proposed accordance with the regulations of the For further information, contact Diane service area is within and adjacent to FTZ Board (15 CFR part 400), including Finver at [email protected] or the Huntsville U.S. Customs and Border notice in the Federal Register inviting (202) 482–1367. Protection port of entry. public comment (86 FR 14406, March Dated: June 30, 2021. The applicant is requesting authority 16, 2021). June 30, 2021, the applicant Andrew McGilvray, to reorganize its existing zone to include was notified of the FTZ Board’s decision Executive Secretary. both existing sites as ‘‘magnet’’ sites. that no further review of the activity is [FR Doc. 2021–14330 Filed 7–2–21; 8:45 am] The ASF allows for the possible warranted at this time. The production BILLING CODE 3510–DS–P exemption of one magnet site from the activity described in the notification ‘‘sunset’’ time limits that generally was authorized, subject to the FTZ Act apply to sites under the ASF, and the and the FTZ Board’s regulations, DEPARTMENT OF COMMERCE applicant proposes that Site 1 be so including Section 400.14. exempted. No subzones/usage-driven Foreign-Trade Zones Board sites are being requested at this time. Dated: June 30, 2021. Andrew McGilvray, [B–49–2021] The application would have no impact on FTZ 83’s previously authorized Executive Secretary. Foreign-Trade Zone 83—Huntsville, subzones. [FR Doc. 2021–14302 Filed 7–2–21; 8:45 am] In accordance with the FTZ Board’s Alabama; Application for BILLING CODE 3510–DS–P Reorganization Under Alternative Site regulations, Christopher Kemp of the Framework FTZ Staff is designated examiner to evaluate and analyze the facts and An application has been submitted to information presented in the application the Foreign-Trade Zones (FTZ) Board by and case record and to report findings the Huntsville-Madison County Airport and recommendations to the FTZ Board. Authority, grantee of FTZ 83, requesting Public comment is invited from authority to reorganize the zone under interested parties. Submissions shall be the alternative site framework (ASF) addressed to the FTZ Board’s Executive
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DEPARTMENT OF COMMERCE Dated: June 30, 2021. Dated: June 29, 2021. Andrew McGilvray, James Maeder, Foreign-Trade Zones Board Executive Secretary. Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–14299 Filed 7–2–21; 8:45 am] [B–17–2021] [FR Doc. 2021–14289 Filed 7–2–21; 8:45 am] BILLING CODE 3510–DS–P BILLING CODE 3510–DS–P Foreign-Trade Zone (FTZ) 93—Raleigh/ Durham, North Carolina, Authorization DEPARTMENT OF COMMERCE of Production Activity, Liebel- DEPARTMENT OF COMMERCE Flarsheim Company, LLC (Diagnostic International Trade Administration Imaging Contrast Media), Raleigh, International Trade Administration North Carolina Notice of Opportunity To Request Agency Information Collection Administrative Review; Correction On March 2, 2021, Liebel-Flarsheim Activities; Submission to the Office of Company, LLC, submitted a notification Management and Budget (OMB) for AGENCY: Enforcement and Compliance, of proposed production activity to the Review and Approval; Comment International Trade Administration, FTZ Board for its facility within FTZ 93, Request; Domestic and International Department of Commerce. in Raleigh, North Carolina. Client Export Services and Customized Forms Renewal The notification was processed in ACTION: Notice; correction. accordance with the regulations of the AGENCY: International Trade FTZ Board (15 CFR part 400), including SUMMARY: The Department of Commerce Administration, U.S. Commercial notice in the Federal Register inviting (Commerce) published a notice of Service, Commerce. public comment (86 FR 13524–13525, opportunity to request administrative ACTION: Notice of information collection, March 9, 2021). On June 30, 2021, the reviews of orders, findings, or request for comment. applicant was notified of the FTZ suspended investigations with Board’s decision that no further review anniversary dates in March 2021 in the SUMMARY: The Department of of the activity is warranted at this time. Federal Register of March 1, 2021. Commerce, in accordance with the Paperwork Reduction Act of 1995 The production activity described in the Commerce inadvertently omitted the (PRA), invites the general public and notification was authorized, subject to antidumping duty order on Chloropicrin other Federal agencies to comment on the FTZ Act and the FTZ Board’s from the People’s Republic of China, regulations, including Section 400.14. proposed, and continuing information and the period of review for that order collections, which helps us assess the Dated: June 30, 2021. of 3/1/2020–9/21/2020 from that notice. impact of our information collection Andrew McGilvray, We are including the missing requirements and minimize the public’s Executive Secretary. information in this correction notice. reporting burden. The purpose of this [FR Doc. 2021–14301 Filed 7–2–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: notice is to allow for 60 days of public BILLING CODE 3510–DS–P Brenda E. Brown, Office of AD/CVD comment preceding submission of the Operations, Customs Liaison Unit, collection to OMB. DATES: To ensure consideration, DEPARTMENT OF COMMERCE Enforcement and Compliance, International Trade Administration, comments regarding this proposed Foreign-Trade Zones Board U.S. Department of Commerce, 1401 information collection must be received Constitution Avenue NW, Washington, on or before September 7, 2021. ADDRESSES: Interested persons are [B–16–2021] DC 20230, telephone: (202) 482–4735. invited to submit written comments by SUPPLEMENTARY INFORMATION: Foreign-Trade Zone (FTZ) 185— mail to John Seo, Senior Economist, Culpeper, Virginia, Authorization of Correction International Trade Administration, or Production Activity, Merck & Co., Inc. by email to [email protected] or (Pharmaceutical Products), Elkton, In the Federal Resister of March 1, [email protected]. Please Virginia 2021, in FR Doc. 2021–04133 on pages reference OMB Control Number 0625– 11922–11923,1 the table should have 0143 in the subject line of your On March 2, 2021, Merck & Co., Inc., included the antidumping duty order on comments. Do not submit Confidential submitted a notification of proposed Chloropicrin from the People’s Republic Business Information or otherwise production activity to the FTZ Board for of China (A–570–002) and the period of sensitive or protected information. its facility within Subzone 185C, in review for that order of 3/1/2020–9/21/ FOR FURTHER INFORMATION CONTACT: Elkton Virginia. 2020. Therefore, we are hereby notifying Requests for additional information or The notification was processed in interested parties that not later than 30 specific questions related to collection accordance with the regulations of the days after the date of publication of this activities should be directed to John FTZ Board (15 CFR part 400), including correction notice, they may request an Seo, Senior Economist, International notice in the Federal Register inviting administrative review of the Trade Administration, 1401 public comment (86 FR 13524, March 9, antidumping duty order on Chloropicrin Constitution Ave. NW, Washington, DC 20230, (202) 482–7497 or john.seo@ 2021). On June 30, 2021, the applicant from the People’s Republic of China for trade.gov. was notified of the FTZ Board’s decision the period 3/1/2020–9/21/2020. that no further review of the activity is SUPPLEMENTARY INFORMATION: warranted at this time. The production I. Abstract activity described in the notification 1 See Antidumping or Countervailing Duty Order, was authorized, subject to the FTZ Act Finding, or Suspended Investigation; Opportunity The International Trade and the FTZ Board’s regulations, To Request Administrative Review, 86 FR 11921 Administration’s (ITA) Global Markets/ including Section 400.14. (March 1, 2021). U.S. Commercial Service (CS) is
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mandated by Congress to broaden and service to identify potential business methodology and assumptions used; (c) deepen the U.S. exporter base. The CS partners we need to know whether the Evaluate ways to enhance the quality, accomplishes this by providing client would like a potential partner to utility, and clarity of the information to counseling, programs and services to have specific technical qualifications, be collected; and (d) Minimize the help U.S. organizations export and coverage in a specific market, English or reporting burden on those who are to conduct business in overseas markets. foreign language ability or warehousing respond, including the use of automated This information collection package requirements. This information collection techniques or other forms of enables the CS to provide appropriate collection is designed to elicit such data information technology. export services to U.S. exporters and so that appropriate services can be Comments that you submit in international buyers. CS offers a variety proposed and conducted to most response to this notice are a matter of of services to enable clients to begin effectively meet the client’s exporting public record. We will include or exporting/importing or to expand goals. Without these forms the CS is summarize each comment in our request existing exporting/importing efforts. unable to provide services when to OMB to approve this ICR. Before Clients may learn about our services requested by clients. including your address, phone number, from business related entities such as The forms ask U.S. exporters standard email address, or other personal the National Association of questions about their company details, identifying information in your Manufacturers, Federal Express, State export experience, information about comment, you should be aware that Economic Development offices, the the products or services they wish to your entire comment—including your internet or word of mouth. The CS export and exporting goals. A few personal identifying information—may provides a standard set of services to questions are tailored to a specific be made publicly available at any time. assist clients with identifying potential program type and will vary slightly with While you may ask us in your comment overseas partners, establishing meeting each program. CS staff use this to withhold your personal identifying programs with appropriate overseas information to gain an understanding of information from public review, we business contacts and providing due client’s needs and objectives so that cannot guarantee that we will be able to diligence reports on potential overseas they can provide appropriate and do so. business partners. The CS also provides effective export assistance tailored to an Sheleen Dumas, other export-related services considered exporter’s requirements. to be of a ‘‘customized nature’’ because Department PRA Clearance Officer, Office of II. Method of Collection the Chief Information Officer, Commerce they do not fit into the standard set of Department. CS export services, but are driven by CS is seeking approval for the [FR Doc. 2021–14288 Filed 7–2–21; 8:45 am] unique business needs of individual following data collection methods to clients. provide flexibility for how clients will BILLING CODE 3510–FP–P The dissemination of international provide information about their market information and potential company details, export experience, DEPARTMENT OF COMMERCE business opportunities for U.S. information about the products or exporters are critical components of the services they wish to export and International Trade Administration Commercial Service’s export assistance exporting goals. Clients will be asked to programs and services. U.S. companies provide their information on our Agency Information Collection conveniently access and indicate their website (export.gov), web-based survey Activities; Submission to the Office of interest in these services by completing or form links, or paper-based forms. Management and Budget (OMB) for the appropriate forms via ITA and CS Review and Approval; Comment U.S. Export Assistance Center websites. III. Data Request; Surveys for User The CS works closely with clients to OMB Control Number: 0625–0143. Satisfaction, Impact and Needs educate them about the exporting/ Form Number(s): ITA–4096P. importing process and to help prepare Type of Review: Extension of a current AGENCY: U.S. Commercial Service, them for exporting/importing. When a information collection. International Trade Administration, client is ready to begin the exporting/ Affected Public: Business or other for- Commerce. importing process our field staff provide profit organizations; Not-for-profit ACTION: Notice of Information counseling to assist in the development institutions; State, Local, or Tribal Collection, request for comment. of an exporting strategy. We provide fee- government; and Federal government. SUMMARY: The Department of based, export-related services designed Estimated Number of Respondents: Commerce, in accordance with the to help client export/import. The type of 200,000. Paperwork Reduction Act of 1995 export-related service that is proposed Estimated Time per Response: 10 (PRA), invites the general public and to a client depends upon a client’s minutes. business goals and where they are in the Estimated Total Annual Burden other Federal agencies to comment on export/import process. Some clients are Hours: 33,333 hours. proposed, and continuing information at the beginning of the export process Respondent’s Obligation: Voluntary. collections, which helps us assess the and require assistance with identifying impact of our information collection potential distributors, whereas other IV. Request for Comments requirements and minimize the public’s clients may be ready to sign a contract We are soliciting public comments to reporting burden. The purpose of this with a potential distributor and require permit the Department/Bureau to: (a) notice is to allow for 60 days of public due diligence assistance. Before the CS Evaluate whether the proposed comment preceding submission of the can provide export-related services to information collection is necessary for collection to OMB. clients, such as assistance with the proper functions of the Department, DATES: To ensure consideration, identifying potential partners or including whether the information will comments regarding this proposed providing due diligence, specific have practical utility; (b) Evaluate the information collection must be received information is required to determine the accuracy of our estimate of the time and on or before September 7, 2021. client’s business objectives and needs. cost burden for this proposed collection, ADDRESSES: Interested persons are For example, before we can provide a including the validity of the invited to submit written comments by
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mail to John Seo, Senior Economist, customer satisfaction surveys and to cannot guarantee that we will be able to International Trade Administration, reduce the burden on respondents: (1) do so. 1401 Constitution Ave. NW, An email message delivering a hot link Sheleen Dumas, Washington, DC 20230, or by email to to a web enabled survey with an email [email protected] or PRAcomments@ reminder sent if the client does not Department PRA Clearance Officer, Office of doc.gov. Please reference OMB Control the Chief Information Officer, Commerce respond to the survey within two weeks; Department. Number 0625–0275 in the subject line of (2) a telephone survey/interview; and your comments. Do not submit (3) a web-enabled survey conducted in- [FR Doc. 2021–14298 Filed 7–2–21; 8:45 am] Confidential Business Information or person at trade shows/events via a BILLING CODE 3510–FP–P otherwise sensitive or protected laptop, tablet or mobile phone so information. participants can immediately respond DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: without having to provide their email Requests for additional information or address. International Trade Administration copies of the information collection III. Data [C–821–830] instrument and instructions should be directed to John Seo (john.seo@ OMB Control Number: 0625–0275. Form Number(s): N/A. Granular Polytetrafluoroethylene Resin trade.gov). Type of Review: Extension of a current From the Russian Federation: SUPPLEMENTARY INFORMATION: information collection. Preliminary Affirmative Countervailing Duty Determination and Alignment of I. Abstract Affected Public: Business or other for- profit organizations; Not-for-profit Final Determination With Final The International Trade institutions; State, Local, or Tribal Antidumping Duty Determination Administration provides a multitude of government; and Federal government. AGENCY: Enforcement and Compliance, international trade related programs to Estimated Number of Respondents: help U.S. businesses. These programs International Trade Administration, 50,000. Department of Commerce. include information products, services, Estimated Time per Response: 30 SUMMARY: The Department of Commerce and trade events. To accomplish its minutes. mission effectively, ITA needs ongoing Estimated Total Annual Burden (Commerce) preliminarily determines feedback on its programs. This Hours: 25,000 hours. that countervailable subsidies are being information collection item allows ITA Estimated Total Annual Cost to provided to producers and exporters of to solicit clients’ opinions about the use Public: $754,651. granular polytetrafluoroethylene (PTFE) of ITA products, services, and trade Respondent’s Obligation: Voluntary. resin from the Russian Federation events. To promote optimal use and Legal Authority: Public Law 15 U.S.C. (Russia). The period of investigation is provide focused and effective et seq. and 15 U.S.C. 171 et seq. January 1, 2020, through December 31, improvements to ITA programs, we are 2020. Interested parties are invited to IV. Request for Comments requesting approval for this clearance comment on this preliminary package; including: Use of Comment We are soliciting public comments to determination. Cards (i.e., transactional-based surveys) permit the Department/Bureau to: (a) DATES: Applicable July 6, 2021. to collect feedback immediately after Evaluate whether the proposed FOR FURTHER INFORMATION CONTACT: ITA assistance is provided to clients; information collection is necessary for George Ayache or Joseph Dowling, AD/ use of annual surveys (i.e., relationship- the proper functions of the Department, CVD Operations, Office VIII, based surveys) to gauge overall including whether the information will Enforcement and Compliance, satisfaction, impact and needs for have practical utility; (b) Evaluate the International Trade Administration, clients with ITA assistance provided accuracy of our estimate of the time and U.S. Department of Commerce, 1401 over a period time; use of multiple data cost burden for this proposed collection, Constitution Avenue NW, Washington, collection methods (i.e., web-enabled including the validity of the DC 20230; telephone: (202) 482–2623 or surveys sent via email, telephone methodology and assumptions used; (c) (202) 482–1646, respectively. Evaluate ways to enhance the quality, interviews, automated telephone SUPPLEMENTARY INFORMATION: surveys, and in-person surveys via utility, and clarity of the information to mobile devices/laptops/tablets at trade be collected; and (d) Minimize the Background events/shows) to enable clients to reporting burden on those who are to This preliminary determination is conveniently respond to requests for respond, including the use of automated made in accordance with section 703(b) feedback; and a forecast of burden collection techniques or other forms of of the Tariff Act of 1930, as amended hours. Without this information, ITA is information technology. (the Act). Commerce published the unable to systematically determine the Comments that you submit in notice of initiation of this investigation actual and relative levels of performance response to this notice are a matter of on February 23, 2021.1 On March 19, for its programs and products/services public record. We will include or 2021, Commerce postponed the and to provide clear, actionable insights summarize each comment in our request preliminary determination of this for managerial intervention. This to OMB to approve this ICR. Before investigation and the revised deadline is information will be used for program including your address, phone number, now June 28, 2021.2 For a complete evaluation and improvement, strategic email address, or other personal description of the events that followed planning, allocation of resources and identifying information in your stakeholder reporting. comment, you should be aware that 1 See Granular Polytetrafluoroethylene Resin from your entire comment—including your India and the Russian Federation: Initiation of II. Method of Collection personal identifying information—may Countervailing Duty Investigations, 86 FR 10931 The International Trade be made publicly available at any time. (February 23, 2021) (Initiation Notice). 2 See Granular Polytetrafluoroethylene Resin from Administration is seeking approval for While you may ask us in your comment India and the Russian Federation: Postponement of the following data collection methods to to withhold your personal identifying Preliminary Determinations in the Countervailing provide flexibility in conducting information from public review, we Duty Investigations, 86 FR 14871 (March 19, 2021).
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the initiation of this investigation, see that there is a subsidy, i.e., a financial Company Subsidy rate the Preliminary Decision contribution by an ‘‘authority’’ that (percent) Memorandum.3 A list of topics gives rise to a benefit to the recipient, discussed in the Preliminary Decision 8 Joint Stock Company and that the subsidy is specific. 10 Memorandum is included as Appendix ‘‘HaloPolymer’’ ...... 2.36 All Others ...... 2.36 II to this notice. The Preliminary Alignment Decision Memorandum is a public In accordance with section 705(a)(1) Suspension of Liquidation document and is on file electronically of the Act and 19 CFR 351.210(b)(4), via Enforcement and Compliance’s In accordance with section Commerce is aligning the final Antidumping and Countervailing Duty 703(d)(1)(B) and (d)(2) of the Act, determination in this countervailing Centralized Electronic Service System Commerce will direct U.S. Customs and duty (CVD) investigation with the final (ACCESS). ACCESS is available to Border Protection (CBP) to suspend determination in the companion registered users at http:// liquidation of entries of subject access.trade.gov. In addition, a complete antidumping duty (AD) investigation of merchandise as described in the scope version of the Preliminary Decision granular PTFE resin from Russia based of the investigation section entered, or 9 Memorandum can be accessed directly on a request made by the petitioner. withdrawn from warehouse, for at http://enforcement.trade.gov/frn/. Consequently, the final CVD consumption on or after the date of determination will be issued on the publication of this notice in the Federal Scope of the Investigation same date as the final AD Register. Further, pursuant to 19 CFR The product covered by this determination, which is currently 351.205(d), Commerce will instruct CBP investigation is granular PTFE resin scheduled to be issued no later than to require a cash deposit equal to the from Russia. For a complete description November 8, 2021, unless postponed. rates indicated above. of the scope of this investigation, see Appendix I. All-Others Rate Disclosure Commerce intends to disclose to Scope Comments Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary interested parties its calculations and In accordance with the preamble to determination, Commerce shall analysis performed in this preliminary Commerce’s regulations,4 the Initiation determine an estimated all-others rate determination within five days of the Notice set aside a period of time for date of its public announcement, or if parties to raise issues regarding product for companies not individually examined. This rate shall be an amount there is no public announcement, coverage (i.e., scope).5 An interested within five days of the date of party commented on the scope of the equal to the weighted average of the estimated subsidy rates established for publication of this notice in accordance investigation as it appeared in the with 19 CFR 351.224(b). Initiation Notice. For a summary of those companies individually these comments and the rebuttal examined, excluding any rates that are Verification response submitted to the record for this zero, de minimis, or based entirely As provided in section 782(i)(1) of the preliminary determination, and under section 776 of the Act. Act, Commerce intends to verify the accompanying discussion and analysis Commerce calculated an individual information relied upon in making its of the comments timely received, see estimated countervailable subsidy rate final determination. Normally, the Preliminary Scope Decision for Joint Stock Company ‘‘HaloPolymer’’ Commerce verifies information using Memorandum.6 Commerce is not (HaloPolymer), the only individually standard procedures, including an on- preliminarily modifying the scope examined exporter/producer in this site examination of original accounting, language as it appeared in the Initiation investigation. Because the only financial, and sales documentation. Notice. See scope in Appendix I. individually calculated rate is not zero, However, due to current travel The Preliminary Scope Decision de minimis, or based entirely on facts restrictions in response to the global Memorandum establishes the deadline otherwise available, the rate calculated COVID–19 pandemic, Commerce is to submit scope case briefs.7 There will for HaloPolymer is the rate assigned to unable to conduct on-site verification in be no further opportunity to comment all other producers and exporters not this investigation. Accordingly, we on scope-related issues. individually examined in this intend to verify the information relied Methodology investigation, pursuant to section upon in making the final determination 705(c)(5)(A)(i) of the Act. through alternative means in lieu of an Commerce is conducting this on-site verification. investigation in accordance with section Preliminary Determination 701 of the Act. For each of the subsidy Public Comment programs found countervailable, Commerce preliminarily determines Case briefs or other written comments Commerce preliminarily determines that the following estimated may be submitted to the Assistant countervailable subsidy rates exist: Secretary for Enforcement and 3 See Memorandum, ‘‘Decision Memorandum for Compliance. Interested parties will be the Affirmative Preliminary Determination of the 8 See sections 771(5)(B) and (D) of the Act notified of the timeline for the Countervailing Duty Investigation of Granular regarding financial contribution; section 771(5)(E) Polytetrafluoroethylene Resin from the Russian of the Act regarding benefit; and section 771(5A) of submission of case briefs and written Federation,’’ dated concurrently with, and hereby the Act regarding specificity. comments on non-scope issues at a later adopted by, this notice (Preliminary Decision 9 See Petitioner’s Letter, ‘‘Request for Alignment,’’ date. Rebuttal briefs, limited to issues Memorandum). dated April 9, 2021. 4 raised in these case briefs, may be See Antidumping Duties; Countervailing Duties, 10 As discussed in the Preliminary Decision Final Rule, 62 FR 27296, 27323 (May 19, 1997). submitted no later than seven days after Memorandum, Commerce has found the following 11 5 See Initiation Notice. companies to be cross-owned with Joint Stock the deadline date for case briefs. Note 6 See Memorandum, ‘‘Comments on Scope of Company ‘‘HaloPolymer’’: Limited Liability Investigations,’’ dated concurrently with this notice Company ‘‘HaloPolymer Kirovo-Chepetsk,’’ Joint 11 See 19 CFR 351.309; see also 19 CFR 351.303 (Preliminary Scope Decision Memorandum). Stock Company ‘‘HaloPolymer Perm,’’ and (for general filing requirements); and Temporary 7 Id. URALCHEM JSC. Continued
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that Commerce has temporarily included is PTFE wet raw polymer. The Thailand, and the Socialist Republic of modified certain of its requirements for chemical formula for granular PTFE resin is Vietnam would be likely to lead to serving documents containing business C2F4, and the Chemical Abstracts Service continuation or recurrence of dumping proprietary information, until further (CAS) Registry number is 9002–84–0. as indicated in the ‘‘Final Results of 12 Subject merchandise includes material notice. Pursuant to 19 CFR matching the above description that has been Sunset Review’’ section of this notice. 351.309(c)(2) and (d)(2), parties who finished, packaged, or otherwise processed in DATES: Applicable July 6, 2021. submit case briefs or rebuttal briefs in a third country, including by filling, FOR FURTHER INFORMATION CONTACT: this investigation are encouraged to modifying, compounding, packaging with Allison Hollander or Minoo Hatten, AD/ submit with each argument: (1) A another product, or performing any other CVD Operations, Office I, Enforcement statement of the issue; (2) a brief finishing, packaging, or processing that and Compliance, International Trade summary of the argument; and (3) a would not otherwise remove the Administration, U.S. Department of table of authorities. merchandise from the scope of the Pursuant to 19 CFR 351.310(c), investigation if performed in the country of Commerce, 1401 Constitution Avenue manufacture of the granular PTFE resin. NW, Washington, DC 20230; telephone: interested parties who wish to request a The product covered by this investigation hearing, limited to issues raised in the (202) 482–2805 or (202) 482–1690, does not include dispersion or coagulated respectively. case and rebuttal briefs, must submit a dispersion (also known as fine powder) written request to the Assistant PTFE. SUPPLEMENTARY INFORMATION: Secretary for Enforcement and PTFE further processed into micropowder, Compliance, U.S. Department of having particle size typically ranging from 1 Background Commerce within 30 days after the date to 25 microns, and a melt-flow rate no less On March 31, 2021, Commerce of publication of this notice. Requests than 0.1 gram/10 minutes, is excluded from published the notice of initiation of the the scope of this investigation. should contain the party’s name, Granular PTFE resin is classified in the sunset reviews of the AD orders on address, and telephone number, the Harmonized Tariff Schedule of the United polyethylene retail carrier bags (PRCBs) number of participants, whether any States (HTSUS) under subheading from Indonesia, Malaysia, the People’s participant is a foreign national, and a 3904.61.0010. Subject merchandise may also Republic of China (China), Taiwan, list of the issues to be discussed. If a be classified under HTSUS subheading Thailand, and the Socialist Republic of request for a hearing is made, Commerce 3904.69.5000. Although the HTSUS Vietnam (Vietnam) 1 pursuant to section intends to hold the hearing at a time and subheadings and CAS Number are provided 751(c) of the Tariff Act of 1930, as date to be determined. Parties should for convenience and customs purposes, the amended (the Act).2 In accordance with confirm by telephone the date, time, and written description of the scope is dispositive. 19 CFR 351.218(d)(1)(i) and (ii), location of the hearing two days before Commerce received notices of intent to the scheduled date. Appendix II participate in these sunset reviews from the Polyethylene Retail Carrier Bag International Trade Commission List of Topics Discussed in the Preliminary Committee (the domestic interested Notification Decision Memorandum I. Summary party) within 15 days after the date of In accordance with section 703(f) of 3 II. Background publication of the Initiation Notice. the Act, Commerce will notify the III. Injury Test International Trade Commission (ITC) of IV. Subsidies Valuation 1 See Antidumping Duty Orders: Polyethylene its determination. If Commerce’s final V. Benchmarks and Interest Rates Retail Carrier Bags from Indonesia, Taiwan, and the determination is affirmative, the ITC VI. Analysis of Programs Socialist Republic of Vietnam, 75 FR 23667 (May 4, 2010); see also Antidumping Duty Order: will make its final injury determination VII. Recommendation Polyethylene Retail Carrier Bags from Malaysia, 69 before the later of 120 days after the date [FR Doc. 2021–14328 Filed 7–2–21; 8:45 am] FR 48203 (August 9, 2004); Antidumping Duty of this preliminary determination or 45 BILLING CODE 3510–DS–P Order: Polyethylene Retail Carrier Bags from The days after the final determination. People’s Republic of China, 69 FR 48201 (August 9, 2004); Antidumping Duty Order: Polyethylene Notification to Interested Parties Retail Carrier Bags from Thailand, 69 FR 48204 DEPARTMENT OF COMMERCE (August 9, 2004) (collectively, AD Orders). This determination is issued and 2 See Initiation Notice of Five-Year (Sunset) published pursuant to sections 703(f) International Trade Administration Reviews, 86 FR 16701 (March 31, 2021) (Initiation and 777(i) of the Act, and 19 CFR Notice). [A–560–822, A–557–813, A–570–886, A–583– 3 351.205(c). See Polyethylene Retail Carrier Bag Committee’s 843, A–549–821, A–552–806] Letters, ‘‘Five-Year (‘‘Sunset’’) Review of Dated: June 28, 2021. Antidumping Duty Order on Polyethylene Retail Christian Marsh, Polyethylene Retail Carrier Bags From Carrier Bags from Indonesia: Domestic Industry Indonesia, Malaysia, the People’s Notice of Intent to Participate in Sunset Review,’’ Acting Assistant Secretary for Enforcement dated April 9, 2021; ‘‘Five-Year (‘‘Sunset’’) Review and Compliance. Republic of China, Taiwan, Thailand, of Antidumping Duty Order on Polyethylene Retail and the Socialist Republic of Vietnam: Carrier Bags from Malaysia: Domestic Industry Appendix I Final Results of the Expedited Sunset Notice of Intent to Participate in Sunset Review,’’ Scope of the Investigation Reviews of the Antidumping Duty dated April 9, 2021; ‘‘Five-Year (‘‘Sunset’’) Review Of Antidumping Duty Order On Polyethylene Retail The product covered by this investigation Orders Carrier Bags from the People’s Republic of China: is granular polytetrafluoroethylene (PTFE) AGENCY: Enforcement and Compliance, Domestic Industry Notice Of Intent to Participate in resin. Granular PTFE resin is covered by the Sunset Review,’’ dated April 9, 2021; ‘‘Five-Year scope of this investigation whether filled or International Trade Administration, (‘‘Sunset’’) Review Of Antidumping Duty Order on unfilled, whether or not modified, and Department of Commerce. Polyethylene Retail Carrier Bags from Taiwan: whether or not containing co-polymer, SUMMARY: As a result of these expedited Domestic Industry Notice of Intent to Participate In additives, pigments, or other materials. Also Sunset Review,’’ dated April 9, 2021; ‘‘Five-Year sunset reviews, the Department of (‘‘Sunset’’) Review of Antidumping Duty Order on Commerce (Commerce) finds that Polyethylene Retail Carrier Bags from Thailand: Rule Modifying AD/CVD Service Requirements Due revocation of the antidumping duty Domestic Industry Notice of Intent to Participate in to COVID–19, 85 FR 17006, 17007 (March 26, 2020). Sunset Review,’’ dated April 9, 2021; ‘‘Five-Year 12 See Temporary Rule Modifying AD/CVD (AD) orders on polyethylene retail (‘‘Sunset’’) Review Of Antidumping Duty Order on Service Requirements Due to COVID–19; Extension carrier bags from Indonesia, Malaysia, Polyethylene Retail Carrier Bags from the Socialist of Effective Period, 85 FR 41363 (July 10, 2020). the People’s Republic of China, Taiwan, Republic of Vietnam: Domestic Industry Notice of
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The domestic interested party claimed discussion of all issues raised in this IV. History of the Orders interested party status under sections review and the corresponding V. Legal Framework 771(9)(C) and (E) of the Act. recommendations in the Issues and VI. Discussion of the Issues Commerce received adequate Decision Memorandum, which is on file VII. Final Results of Expedited Sunset substantive responses to the Initiation Reviews electronically via Enforcement and VIII. Recommendation Notice from the domestic interested Compliance’s Antidumping and party within the 30-day period specified Countervailing Duty Centralized [FR Doc. 2021–14253 Filed 7–2–21; 8:45 am] in 19 CFR 351.218(d)(3)(i).4 Commerce Electronic Service System (ACCESS). BILLING CODE 3510–DS–P received no substantive responses from ACCESS is available to registered users any respondent interested parties. In at http://access.trade.gov. In addition, a accordance with section 751(c)(3)(B) of complete version of the Issues and DEPARTMENT OF COMMERCE the Act and 19 CFR Decision Memorandum can be found at 351.218(e)(1)(ii)(C)(2), Commerce http://enforcement.trade.gov/frn/ International Trade Administration conducted expedited, i.e., 120-day, index.html. [C–533–900] sunset reviews of the AD Orders. Final Results of Sunset Review Granular Polytetrafluoroethylene Resin Scope of the Orders Pursuant to sections 751(c) and 752(c) From India: Preliminary Affirmative The merchandise subject to the AD of the Act, Commerce determines that Countervailing Duty Determination, Orders is PRCBs which are currently revocation of the AD Orders would be Preliminary Affirmative Critical classified under subheading likely to lead to continuation or Circumstances Determination, and 3923.21.0085 of the Harmonized Tariff recurrence of dumping and the Alignment of Final Determination With Schedule of the United States (HTSUS). magnitude of the margins of dumping Final Antidumping Duty Determination The HTSUS number is provided for likely to prevail would be weighted- AGENCY: convenience and customs purposes. A average margins up to the following Enforcement and Compliance, full description of the scope of the AD percentages: International Trade Administration, Orders is contained in the Issues and Department of Commerce. Decision Memorandum.5 The written Weighted- SUMMARY: The Department of Commerce description is dispositive. Country average (Commerce) preliminarily determines margin that countervailable subsidies are being (percent) Analysis of Comments Received provided to producers and exporters of All issues raised in this review are Indonesia ...... 85.17 granular polytetrafluoroethylene (PTFE) addressed in the Issues and Decision Malaysia ...... 101.74 resin from India. The period of Memorandum, including the likelihood China ...... 77.57 investigation is April 1, 2019, through of continuation or recurrence of Taiwan ...... 95.81 March 31, 2020. Interested parties are dumping in the event of revocation and Thailand ...... 122.88 invited to comment on this preliminary the magnitude of dumping margins Vietnam ...... 76.11 determination. likely to prevail if the order was DATES: Applicable July 6, 2021. Notification Regarding Administrative revoked. Parties can find a complete FOR FURTHER INFORMATION CONTACT: Protective Orders Janae´ Martin or Joshua Simonidis, AD/ Intent to Participate In Sunset Review,’’ dated April This notice serves as a reminder to 9, 2021. The Polyethylene Retail Carrier Bag CVD Operations, Office VIII, Committee is comprised of Hilex Poly Co., LLC and parties subject to administrative Enforcement and Compliance, Superbag Corporation. protective order (APO) of their International Trade Administration, 4 See Polyethylene Retail Carrier Bag Committee’s responsibility concerning the U.S. Department of Commerce, 1401 Letters, ‘‘Five-Year (‘Sunset’) Review Of disposition of proprietary information Constitution Avenue NW, Washington, Antidumping Duty Order on Polyethylene Retail disclosed under APO in accordance Carrier Bags from Indonesia: Domestic Industry’s DC 20230; telephone: (202) 482–0238 or Substantive Response,’’ dated May 1, 2015; with 19 CFR 351.305(a). Timely written (202) 482–0608, respectively. ‘‘Second Five-Year (‘Sunset’) Review Of notification of the destruction of APO SUPPLEMENTARY INFORMATION: Antidumping Duty Order on Polyethylene Retail materials or conversion to judicial Carrier Bags from Malaysia: Domestic Industry’s protective order is hereby requested. Background Substantive Response,’’ dated May 1, 2015; ‘‘Second Five-Year (‘Sunset’) Review of Failure to comply with the regulations This preliminary determination is Antidumping Duty Order on Polyethylene Retail and terms of an APO is a violation made in accordance with section 703(b) Carrier Bags from the People’s Republic of China: which is subject to sanction. of the Tariff Act of 1930, as amended Domestic Industry’s Substantive Response,’’ dated May 1, 2015; ‘‘Five-Year (‘Sunset’) Review of Notification to Interested Parties (the Act). Commerce published the Antidumping Duty Order on Polyethylene Retail notice of initiation of this investigation Carrier Bags from Taiwan: Domestic Industry’s Commerce is issuing and publishing on February 23, 2021.1 On March 19, Substantive Response,’’ dated May 1, 2015; these final results and notice in 2021, Commerce postponed the ‘‘Second Five-Year (‘Sunset’) Review of accordance with sections 751(c), 752(c), preliminary determination of this Antidumping Duty Order on Polyethylene Retail and 777(i)(1) of the Act and 19 CFR Carrier Bags from Thailand: Domestic Industry’s investigation and the revised deadline is Substantive Response,’’ dated May 1, 2015; and 351.221(c)(5)(ii). now June 28, 2021.2 For a complete ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Dated: June 25, 2021. description of the events that followed Order on Polyethylene Retail Carrier Bags from the Socialist Republic of Vietnam: Domestic Industry’s James Maeder, the initiation of this investigation, see Substantive Response,’’ dated May 1, 2015. Deputy Assistant Secretary for Antidumping 5 See Memorandum, ‘‘Issues and Decision and Countervailing Duty Operations. 1 See Granular Polytetrafluoroethylene Resin from Memorandum for the Expedited Sunset Reviews of India and the Russian Federation: Initiation of the Antidumping Duty Orders on Polyethylene Appendix—List of Topics Discussed in Countervailing Duty Investigations, 86 FR 10931 Retail Carrier Bags from Indonesia, Malaysia, the the Issues and Decision Memorandum (February 23, 2021) (Initiation Notice). People’s Republic of China, Taiwan, Thailand, and 2 See Granular Polytetrafluoroethylene Resin from the Socialist Republic of Vietnam,’’ dated I. Summary India and the Russian Federation: Postponement of concurrently with, and hereby adopted by, this II. Background Preliminary Determinations in the Countervailing notice (Issues and Decision Memorandum). III. Scope of the Orders Duty Investigations, 86 FR 14871 (March 19, 2021).
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the Preliminary Decision gives rise to a benefit to the recipient, for GFCL, the only individually Memorandum.3 A list of topics and that the subsidy is specific.8 examined exporter/producer in this discussed in the Preliminary Decision Commerce notes that in making these investigation. Because the only Memorandum is included as Appendix preliminary findings, it relied in part on individually calculated rate is not zero, II to this notice. The Preliminary facts available, and because it finds that de minimis, or based entirely on facts Decision Memorandum is a public the Government of India did not act to otherwise available, the rate calculated document and is on file electronically the best of its ability to respond to for GFCL is the rate assigned to all other via Enforcement and Compliance’s Commerce’s requests for information, it producers and exporters not Antidumping and Countervailing Duty drew an adverse inference where individually examined in this Centralized Electronic Service System appropriate in selecting from among the investigation, pursuant to section (ACCESS). ACCESS is available to facts otherwise available.9 For further 705(c)(5)(A)(i) of the Act. registered users at http:// information, see ‘‘Use of Facts access.trade.gov. In addition, a complete Otherwise Available and Adverse Preliminary Determination version of the Preliminary Decision Inferences’’ in the Preliminary Decision Commerce preliminarily determines Memorandum can be accessed directly Memorandum. that the following estimated at http://enforcement.trade.gov/frn/. Preliminary Affirmative Determination countervailable subsidy rates exist: Scope of the Investigation of Critical Circumstances Company Subsidy rate The product covered by this In accordance with section 703(e)(1) (percent) investigation is granular PTFE resin of the Act, Commerce preliminarily determines that critical circumstances Gujarat Fluorochemicals Lim- from India. For a complete description 11 of the scope of this investigation, see exist with respect to imports of granular ited ...... 4.75 All-Others ...... 4.75 Appendix I. PTFE resin from India for Gujarat Fluorochemicals Limited (GFCL) and all Scope Comments other exporters or producers not Suspension of Liquidation In accordance with the preamble to individually examined. For a full In accordance with section Commerce’s regulations,4 the Initiation description of the methodology and 703(d)(1)(B) and (d)(2) of the Act, Notice set aside a period of time for results of Commerce’s analysis, see the Commerce will direct U.S. Customs and parties to raise issues regarding product Preliminary Decision Memorandum. Border Protection (CBP) to suspend coverage (i.e., scope).5 An interested Alignment liquidation of entries of subject party commented on the scope of the merchandise as described in the scope investigation as it appeared in the In accordance with section 705(a)(1) of the investigation section entered, or Initiation Notice. For a summary of of the Act and 19 CFR 351.210(b)(4), withdrawn from warehouse, for these comments and the rebuttal Commerce is aligning the final consumption on or after the date of response submitted to the record for this determination in this countervailing publication of this notice in the Federal preliminary determination, and duty (CVD) investigation with the final Register. Further, pursuant to 19 CFR accompanying discussion and analysis determination in the companion 351.205(d), Commerce will instruct CBP of the comments timely received, see antidumping duty (AD) investigation of to require a cash deposit equal to the the Preliminary Scope Decision granular PTFE resin from India based on rates indicated above. 6 10 Memorandum. Commerce is not a request made by the petitioner. Section 703(e)(2) of the Act provides preliminarily modifying the scope Consequently, the final CVD that, given an affirmative determination language as it appeared in the Initiation determination will be issued on the of critical circumstances, any Notice. See scope in Appendix I. same date as the final AD suspension of liquidation shall apply to The Preliminary Scope Decision determination, which is currently unliquidated entries of merchandise Memorandum establishes the deadline scheduled to be issued no later than 7 entered, or withdrawn from warehouse, to submit scope case briefs. There will November 8, 2021, unless postponed. for consumption on or after the later of be no further opportunity to comment All-Others Rate (a) the date which is 90 days before the on scope-related issues. date on which the suspension of Sections 703(d) and 705(c)(5)(A) of liquidation was first ordered, or (b) the Methodology the Act provide that in the preliminary date on which notice of initiation of the Commerce is conducting this determination, Commerce shall investigation was published. Commerce investigation in accordance with section determine an estimated all-others rate preliminarily finds that critical 701 of the Act. For each of the subsidy for companies not individually circumstances exist for imports of programs found countervailable, examined. This rate shall be an amount subject merchandise from India. In Commerce preliminarily determines equal to the weighted average of the accordance with section 703(e)(2)(A) of that there is a subsidy, i.e., a financial estimated subsidy rates established for the Act, the suspension of liquidation contribution by an ‘‘authority’’ that those companies individually shall apply to unliquidated entries of examined, excluding any zero and de merchandise from all exporters and 3 See Memorandum, ‘‘Decision Memorandum for minimis rates and any rates based producers of subject merchandise from the Preliminary Determination of the entirely under section 776 of the Act. Countervailing Duty Investigation of Granular Commerce calculated an individual India that were entered, or withdrawn Polytetrafluoroethylene Resin from India,’’ dated from warehouse, for consumption on or concurrently with, and hereby adopted by, this estimated countervailable subsidy rate notice (Preliminary Decision Memorandum). after the date which is 90 days before 4 See Antidumping Duties; Countervailing Duties, 8 See sections 771(5)(B) and (D) of the Act the publication of this notice. Final Rule, 62 FR 27296, 27323 (May 19, 1997). regarding financial contribution; section 771(5)(E) 5 See Initiation Notice. of the Act regarding benefit; and section 771(5A) of 11 As discussed in the Preliminary Decision 6 See Memorandum, ‘‘Comments on Scope of the Act regarding specificity. Memorandum, Commerce has found the following Investigations,’’ dated concurrently with this notice 9 See sections 776(a) and (b) of the Act. companies to be cross-owned with Gujarat (Preliminary Scope Decision Memorandum). 10 See Petitioner’s Letter, ‘‘Request for Fluorochemicals Limited: Inox Leasing Finance 7 Id. Alignment,’’ dated April 9, 2021. Limited and Inox Wind Limited.
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Disclosure of publication of this notice. Requests be classified under HTSUS subheading should contain the party’s name, 3904.69.5000. Although the HTSUS Commerce intends to disclose to subheadings and CAS Number are provided interested parties its calculations and address, and telephone number, the number of participants, whether any for convenience and customs purposes, the analysis performed in this preliminary written description of the scope is determination within five days of the participant is a foreign national, and a dispositive. date of its public announcement, or if list of the issues to be discussed. If a there is no public announcement, request for a hearing is made, Commerce Appendix II within five days of the date of intends to hold the hearing at a time and List of Topics Discussed in the Preliminary publication of this notice in accordance date to be determined. Parties should Decision Memorandum with 19 CFR 351.224(b). confirm by telephone the date, time, and I. Summary location of the hearing two days before Verification II. Background the scheduled date. III. Injury Test As provided in section 782(i)(1) of the International Trade Commission IV. Preliminary Determination of Critical Circumstances Act, Commerce intends to verify the Notification information relied upon in making its V. Diversification of India’s Economy final determination. Normally, In accordance with section 703(f) of VI. Subsidies Valuation Commerce verifies information using the Act, Commerce will notify the VII. Benchmarks and Interest Rates standard procedures, including an on- International Trade Commission (ITC) of VIII. Use of Facts Otherwise Available and Adverse Inferences site examination of original accounting, its determination. If the final determination is affirmative, the ITC IX. Analysis of Programs financial, and sales documentation. X. Recommendation However, due to current travel will make its final injury determination restrictions in response to the global before the later of 120 days after the date [FR Doc. 2021–14318 Filed 7–2–21; 8:45 am] COVID–19 pandemic, Commerce is of this preliminary determination or 45 BILLING CODE 3510–DS–P unable to conduct on-site verification in days after the final determination. this investigation. Accordingly, we Notification to Interested Parties DEPARTMENT OF COMMERCE intend to verify the information relied This determination is issued and upon in making the final determination International Trade Administration through alternative means in lieu of an published pursuant to sections 703(f) on-site verification. and 777(i) of the Act and 19 CFR Initiation of Antidumping and 351.205(c). Public Comment Countervailing Duty Administrative Dated: June 28, 2021. Reviews Case briefs or other written comments Christian Marsh, may be submitted to the Assistant Acting Assistant Secretary for Enforcement AGENCY: Enforcement and Compliance, Secretary for Enforcement and and Compliance. International Trade Administration, Compliance. Interested parties will be Department of Commerce. notified of the timeline for the Appendix I SUMMARY: The Department of Commerce submission of case briefs and written Scope of the Investigation (Commerce) has received requests to comments on non-scope issues at a later The product covered by this investigation conduct administrative reviews of date. Rebuttal briefs, limited to issues is granular polytetrafluoroethylene (PTFE) various antidumping duty (AD) and raised in these case briefs, may be resin. Granular PTFE resin is covered by the countervailing duty (CVD) orders and submitted no later than seven days after scope of this investigation whether filled or findings with May anniversary dates. In the deadline date for case briefs.12 Note unfilled, whether or not modified, and accordance with Commerce’s that Commerce has temporarily whether or not containing co-polymer, regulations, we are initiating those modified certain of its requirements for additives, pigments, or other materials. Also administrative reviews. serving documents containing business included is PTFE wet raw polymer. The chemical formula for granular PTFE resin is DATES: Applicable July 6, 2021. proprietary information, until further C2 F4, and the Chemical Abstracts Service 13 notice. Pursuant to 19 CFR (CAS) Registry number is 9002–84–0. FOR FURTHER INFORMATION CONTACT: 351.309(c)(2) and (d)(2), parties who Subject merchandise includes material Brenda E. Brown, AD/CVD Operations, submit case briefs or rebuttal briefs in matching the above description that has been Customs Liaison Unit, Enforcement and this investigation are encouraged to finished, packaged, or otherwise processed in Compliance, International Trade submit with each argument: (1) A a third country, including by filling, Administration, U.S. Department of statement of the issue; (2) a brief modifying, compounding, packaging with Commerce, 1401 Constitution Avenue summary of the argument; and (3) a another product, or performing any other finishing, packaging, or processing that NW, Washington, DC 20230, telephone: table of authorities. (202) 482–4735. Pursuant to 19 CFR 351.310(c), would not otherwise remove the merchandise from the scope of the SUPPLEMENTARY INFORMATION: interested parties who wish to request a investigation if performed in the country of hearing, limited to issues raised in the manufacture of the granular PTFE resin. Background case and rebuttal briefs, must submit a The product covered by this investigation written request to the Assistant does not include dispersion or coagulated Commerce has received timely Secretary for Enforcement and dispersion (also known as fine powder) requests, in accordance with 19 CFR Compliance, U.S. Department of PTFE. 351.213(b), for administrative reviews of Commerce within 30 days after the date PTFE further processed into micropowder, various AD and CVD orders and having particle size typically ranging from 1 findings with May anniversary dates. to 25 microns, and a melt-flow rate no less 12 See 19 CFR 351.309; see also 19 CFR 351.303 All deadlines for the submission of than 0.1 gram/10 minutes, is excluded from (for general filing requirements); and Temporary various types of information, the scope of this investigation. Rule Modifying AD/CVD Service Requirements Due certifications, or comments or actions by to COVID–19, 85 FR 17006, 17007 (March 26, 2020). Granular PTFE resin is classified in the 13 See Temporary Rule Modifying AD/CVD Harmonized Tariff Schedule of the United Commerce discussed below refer to the Service Requirements Due to COVID–19; Extension States (HTSUS) under subheading number of calendar days from the of Effective Period, 85 FR 41363 (July 10, 2020). 3904.61.0010. Subject merchandise may also applicable starting time.
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Notice of No Sales there has been a determination to be included in the pool of companies If a producer or exporter named in collapse certain companies in a from which Commerce will select this notice of initiation had no exports, previous segment of this AD proceeding mandatory respondents. The Q&V sales, or entries during the period of (e.g., investigation, administrative questionnaire will be available on review (POR), it must notify Commerce review, new shipper review, or changed Commerce’s website at http://trade.gov/ within 30 days of publication of this circumstances review). For any enforcement/news.asp on the date of notice in the Federal Register. All company subject to this review, if publication of this notice in the Federal submissions must be filed electronically Commerce determined, or continued to Register. The responses to the Q&V at https://access.trade.gov, in treat, that company as collapsed with questionnaire must be received by accordance with 19 CFR 351.303.1 Such others, Commerce will assume that such Commerce within 14 days of submissions are subject to verification, companies continue to operate in the publication of this notice. Please be in accordance with section 782(i) of the same manner and will collapse them for advised that due to the time constraints Tariff Act of 1930, as amended (the Act). respondent selection purposes. imposed by the statutory and regulatory Further, in accordance with 19 CFR Otherwise, Commerce will not collapse deadlines for antidumping duty 351.303(f)(1)(i), a copy must be served companies for purposes of respondent administrative reviews, Commerce does on every party on Commerce’s service selection. Parties are requested to: (a) not intend to grant any extensions for list. Identify which companies subject to the submission of responses to the Q&V review previously were collapsed; and questionnaire. Parties will be given the Respondent Selection (b) provide a citation to the proceeding opportunity to comment on the CBP In the event Commerce limits the in which they were collapsed. Further, data used by Commerce to limit the number of respondents for individual if companies are requested to complete number of Q&V questionnaires issued. examination for administrative reviews the Quantity and Value (Q&V) We intend to release the CBP data under initiated pursuant to requests made for Questionnaire for purposes of APO to all parties having an APO the orders identified below, Commerce respondent selection, in general, each within seven days of publication of this intends to select respondents based on company must report volume and value notice in the Federal Register. U.S. Customs and Border Protection data separately for itself. Parties should Commerce invites comments regarding (CBP) data for U.S. imports during the not include data for any other party, CBP data and respondent selection POR. We intend to place the CBP data even if they believe they should be within five days of placement of the on the record within five days of treated as a single entity with that other CBP data on the record. publication of the initiation notice and party. If a company was collapsed with another company or companies in the Deadline for Withdrawal of Request for to make our decision regarding Administrative Review respondent selection within 35 days of most recently completed segment of this publication of the initiation Federal proceeding where Commerce Pursuant to 19 CFR 351.213(d)(1), a Register notice. Comments regarding the considered collapsing that entity, party that has requested a review may CBP data and respondent selection complete Q&V data for that collapsed withdraw that request within 90 days of should be submitted within seven days entity must be submitted. the date of publication of the notice of initiation of the requested review. The after the placement of the CBP data on Respondent Selection—Aluminum regulation provides that Commerce may the record of this review. Parties Extrusions From the People’s Republic extend this time if it is reasonable to do wishing to submit rebuttal comments of China should submit those comments within so. Determinations by Commerce to In the event Commerce limits the five days after the deadline for the extend the 90-day deadline will be number of respondents for individual initial comments. made on a case-by-case basis. In the event Commerce decides it is examination in the administrative review of the antidumping duty order Deadline for Particular Market necessary to limit individual on aluminum extrusions from the Situation Allegation examination of respondents and People’s Republic of China (China), conduct respondent selection under Section 504 of the Trade Preferences Commerce intends to select respondents section 777A(c)(2) of the Act, the Extension Act of 2015 amended the Act based on volume data contained in following guidelines regarding by adding the concept of a particular responses to Q&V questionnaires. collapsing of companies for purposes of market situation (PMS) for purposes of Further, Commerce intends to limit the respondent selection will apply. In constructed value under section 773(e) number of Q&V questionnaires issued in 2 general, Commerce has found that of the Act. Section 773(e) of the Act the review based on CBP data for U.S. determinations concerning whether states that ‘‘if a particular market imports of aluminum extrusions from situation exists such that the cost of particular companies should be China. The extremely wide variety of ‘‘collapsed’’ (e.g., treated as a single materials and fabrication or other individual types of aluminum extrusion processing of any kind does not entity for purposes of calculating products included in the scope of the antidumping duty rates) require a accurately reflect the cost of production order on aluminum extrusions would in the ordinary course of trade, the substantial amount of detailed preclude meaningful results in information and analysis, which often administering authority may use attempting to determine the largest another calculation methodology under require follow-up questions and China exporters of subject merchandise analysis. Accordingly, Commerce will this subtitle or any other calculation by volume. Therefore, Commerce will methodology.’’ When an interested not conduct collapsing analyses at the limit the number of Q&V questionnaires respondent selection phase of this party submits a PMS allegation pursuant issued based on the import values in to section 773(e) of the Act, Commerce review and will not collapse companies CBP data which will serve as a proxy for at the respondent selection phase unless will respond to such a submission imported quantities. Parties subject to consistent with 19 CFR 351.301(c)(2)(v). the review to which Commerce does not 1 See Antidumping and Countervailing Duty If Commerce finds that a PMS exists Proceedings: Electronic Filing Procedures; send a Q&V questionnaire may file a Administrative Protective Order Procedures, 76 FR response to the Q&V questionnaire by 2 See Trade Preferences Extension Act of 2015, 39263 (July 6, 2011). the applicable deadline if they desire to Public Law 114–27, 129 Stat. 362 (2015).
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under section 773(e) of the Act, then it government control over export limited to, changes to corporate will modify its dumping calculations activities. structure, acquisitions of new appropriately. All firms listed below that wish to companies or facilities, or changes to Neither section 773(e) of the Act nor qualify for separate rate status in the their official company name,4 should 19 CFR 351.301(c)(2)(v) set a deadline administrative reviews involving NME timely file a Separate Rate Application for the submission of PMS allegations countries must complete, as to demonstrate eligibility for a separate and supporting factual information. appropriate, either a separate rate rate in this proceeding. The Separate However, in order to administer section application or certification, as described Rate Application will be available on 773(e) of the Act, Commerce must below. For these administrative reviews, Commerce’s website at https:// receive PMS allegations and supporting in order to demonstrate separate rate enforcement.trade.gov/nme/nme-sep- factual information with enough time to eligibility, Commerce requires entities rate.html on the date of publication of consider the submission. Thus, should for whom a review was requested, that this Federal Register notice. In an interested party wish to submit a were assigned a separate rate in the responding to the Separate Rate PMS allegation and supporting new most recent segment of this proceeding Application, refer to the instructions factual information pursuant to section in which they participated, to certify contained in the application. Separate 773(e) of the Act, it must do so no later that they continue to meet the criteria Rate Applications are due to Commerce than 20 days after submission of initial for obtaining a separate rate. The no later than 30 calendar days after responses to section D of the Separate Rate Certification form will be publication of this Federal Register questionnaire. available on Commerce’s website at notice. The deadline and requirement https://enforcement.trade.gov/nme/ Separate Rates for submitting a Separate Rate nme-sep-rate.html on the date of Application applies equally to NME- In proceedings involving non-market publication of this Federal Register owned firms, wholly foreign-owned economy (NME) countries, Commerce notice. In responding to the firms, and foreign sellers that purchase begins with a rebuttable presumption certification, please follow the and export subject merchandise to the that all companies within the country ‘‘Instructions for Filing the United States. are subject to government control and, Certification’’ in the Separate Rate thus, should be assigned a single Certification. Separate Rate Exporters and producers must file a antidumping duty deposit rate. It is Certifications are due to Commerce no timely Separate Rate Application or Commerce’s policy to assign all later than 30 calendar days after Certification if they want to be exporters of merchandise subject to an publication of this Federal Register considered for respondent selection. administrative review in an NME notice. The deadline and requirement Furthermore, exporters and producers country this single rate unless an for submitting a Certification applies who submit a Separate Rate Application exporter can demonstrate that it is equally to NME-owned firms, wholly or Certification and subsequently are sufficiently independent so as to be foreign-owned firms, and foreign sellers selected as mandatory respondents will entitled to a separate rate. who purchase and export subject no longer be eligible for separate rate To establish whether a firm is merchandise to the United States. status unless they respond to all parts of sufficiently independent from Entities that currently do not have a the questionnaire as mandatory government control of its export separate rate from a completed segment respondents. activities to be entitled to a separate of the proceeding 3 should timely file a Initiation of Reviews rate, Commerce analyzes each entity Separate Rate Application to exporting the subject merchandise. In demonstrate eligibility for a separate In accordance with 19 CFR accordance with the separate rates rate in this proceeding. In addition, 351.221(c)(1)(i), we are initiating criteria, Commerce assigns separate companies that received a separate rate administrative reviews of the following rates to companies in NME cases only in a completed segment of the AD and CVD orders and findings. We if respondents can demonstrate the proceeding that have subsequently intend to issue the final results of these absence of both de jure and de facto made changes, including, but not reviews not later than May 31, 2022.
Period to be reviewed
AD Proceedings BELGIUM: Certain Carbon and Alloy Steel Cut-to-Length Plate, A–423–812 ...... 5/1/20–4/30/21 A.G. der Dillinger Hu¨tte BBC Chartering Belgium C.A. Picard GmbH Doerrenberg Edelstahl GmbH DMC Nobelclad Europe S.A. Edgen Murray EEW Steel Trading LLC Erndtebru¨cker Eisenwerk GmbH & Co. KG Fike Europe B.A. Industeel Belgium S.A. Industeel France S.A.S. Logiudice Forni SRL Macsteel International Nialco S.A.
3 Such entities include entities that have not shipper review, etc.) and entities that lost their 4 Only changes to the official company name, participated in the proceeding, entities that were separate rate in the most recently completed rather than trade names, need to be addressed via preliminarily granted a separate rate in any segment of the proceeding in which they a Separate Rate Application. Information regarding currently incomplete segment of the proceeding participated. new trade names may be submitted via a Separate (e.g., an ongoing administrative review, new Rate Certification.
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Period to be reviewed
NLMK Clabecq S.A. NLMK Dansteel A.S. NLMK Plate Sales S.A. NLMK Sales Europe S.A. NLMK Manage Steel Center S.A. NLMK La Louviere S.A. NLMK Verona SpP NobelClad Europe GmbH & Co. KG RP Technik GmbH Profilsysteme Salzgitter Mannesmann International GmbH Stahlo Stahl Service GmbH & Co. KG Stemcor USA, Inc. Thyssenkrupp Steel Europe AG TWF Treuhandgesellschaft Werbefilm mbH Tranter Service Centers Va´lcovny Trub Chomutov A.s. Voestalpine Grobblech GmbH. CANADA: Large Diameter Welded Pipe, A–122–863 ...... 5/1/20–4/30/21 Acier Profile SBB Inc Aciers Lague Steels Inc Amdor Inc Armtec-Canada Culvert BPC Services Group Bri-Steel Manufacturing Canada Culvert Canadian National Steel Corp Canam (St Gedeon) Canam Group Inc. Cappco Tubular Products Canada Inc CFI Metal Inc Dominion Pipe & Piling Enduro Canada Pipeline Services Evraz Inc. NA Evraz Inc. NA Canada Fi Oilfield Services Canada Forterra Gchem Ltd Graham Construction Groupe Fordia Inc Grupo Fordia Inc Hodgson Custom Rolling Hyprescon Inc Interpipe Inc K K Recycling Services Kobelt Manufacturing Co Labrie Environment Les Aciers Sofatec Lorenz Conveying P Lorenz Conveying Products Matrix Manufacturing MBI Produits De Forge Nor Arc Peak Drilling Ltd Pipe & Piling Sply Ltd Pipe & Piling Supplies Prudental Prudential Shaw Pipe Protecction Shaw Pipe Protection Tenaris Algoma Tubes Facility Tenaris Prudential The Canadian National Steel Corporation Welded Tube of Can Ltd WGI Westman Group Inc. CANADA: Polyethylene Terephthalate Resin, A–122–855 ...... 5/1/20–4/30/21 Compagnie Selenis Canada GERMANY: Certain and Alloy Steel Cut-To-Length Plate, A–428–844 ...... 5/1/20–4/30/21 AG der Dillinger Hu¨ttenwerke GREECE: Large Diameter Welded Pipe, A–484–803 ...... 5/1/20–4/30/21 Corinth Pipeworks Pipe Industry S.A. ITALY: Certain Carbon and Alloy Steel Cut-To-Length Plate, A–475–834 ...... 5/1/20–4/30/21 Arvedi Tubi Acciaio C.M.T. Construzioni Meccaniche di Taglione Emilio & C. S.a.s. Lyman Steel Company
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Period to be reviewed
NLMK Verona SpA O.ME.P SpA Ofar SpA Officine Meccaniche M.A.M. s.r.l. Officine Tecnosider s.r.l. Sesa SpA. SZ Acroni D.o.o. Tim-Cop Doo Temerin JAPAN: Diffusion-Annealed Nickel-Plated Flat Rolled Steel Products, A–588–869 ...... 5/1/20–4/30/21 Toyo Kohan Co., Ltd OMAN: Polyethylene Terephthalate Resin, A–523–810 ...... 5/1/20–4/30/21 OCTAL SAOC–FZC REPUBLIC OF KOREA: Carbon and Alloy Steel Wire Rod, A–580–891 ...... 5/1/20–4/30/21 POSCO REPUBLIC OF KOREA: Certain Carbon and Alloy Steel Cut-To-Length Plate, A–580–887 ...... 5/1/20–4/30/21 POSCO REPUBLIC OF KOREA: Large Diameter Welded Pipe, A–580–897 ...... 5/1/20–4/30/21 AJU Besteel Co., Ltd. Chang Won Bending Co., Ltd. Daiduck Piping Co., Ltd. Dong Yang Steel Pipe Co., Ltd. Dongbu Incheon Steel Co., Ltd. EEW KHPC Co., Ltd. EEW Korea Co., Ltd. EM Solution Co., Ltd. Hansol Metal Co., Ltd. Hawin Histeel Co., Ltd. Husteel Co., Ltd. Hyosung Hyundai RB Co., Ltd. Hyundai Steel Hyundai Steel Co., Ltd. Hyundai Steel Company Kiduck Industries Co., Ltd. Kum Kang Kind. Co., Ltd. Kumsoo Connecting Co., Ltd. Nexteel Co., Ltd. POSCO Samkang M&T Co., Ltd. SeAH Steel Corporation SeAH Steel, Co., Ltd. Seonghwa Industrial Co., Ltd. SIN-E B&P Co., Ltd. Steel Flower Co., Ltd. WELTECH Co., Ltd. REPUBLIC OF KOREA: Polyester Staple Fiber, A–580–839 ...... 5/1/20–4/30/21 Huvis Corporation Toray Advanced Materials Korea, Inc. (formerly Toray Chemical Korea, Inc.) (‘‘TAK’’) TAIWAN: Stainless Steel Plate in Coils, A–583–830 ...... 5/1/20–4/30/21 Aurora Metal International Co., Ltd. Build Up Hardware Co., Ltd. Chain Chon Industrial Co., Ltd. Chang Mien Industries Co., Ltd. Chia Far Industries Factory Co., Ltd. Chien Shing Stainless Co., Ltd. China Steel Corporation China Tah Lee Special Steel Co., Ltd. Da Song Enterprise Co., Ltd. Da Tsai Stainless Steel Co., Ltd. East Tack Enterprise Co., Ltd. Gifull Enterprise Co., Ltd. Goang Jau Shing Enterprise Co., Ltd. Goldioceans International Co., Ltd. High Point Steel Mfg. Co., Ltd. Hoka Elements Co., Ltd. Huang-Yi Steel Coil Co., Ltd. JJSE Co., Ltd. Jye Chi Corporation Kunn Chuan Enterprise Co., Ltd. Lien Kuo Metal Industries Co., Ltd. Lung An Stainless Steel Ind. Co., Ltd. Omen Bright Co., Ltd. PFP Taiwan Co., Ltd.
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Period to be reviewed
Pyramid Metal Technology Co., Ltd. Shing Shong Ta Metal Ind. Co., Ltd. S-More Steel Materials Co., Ltd. Sinkang Industries Co., Ltd. Shye Yao Steel Co., Ltd. Stanch Stainless Steel Co., Ltd. Sinkang Industries, Ltd. Ta Chen International Sun Chun Stainless Co., Ltd. Ta Fong Steel Co., Ltd. Ta Chen Stainless Pipe Co., Ltd Tang Eng Iron Works Taiwan Nippon Steel Stainless Tzong Ji Metals Co., Ltd. Tsung Yui Enterprise Co., Ltd. Yc Inox Co., Ltd. Wuu Jing Enterprise Co., Ltd. Yi Shuenn Enterprise Co., Ltd. Yieh Loong Enterprise Co., Ltd. (aka Chung Hung Steel Co., Ltd.) Yieh Mau Corporation Yieh Trading Co. Yieh United Steel Corporation (YUSCO) Yuan Long Stainless Steel Corp. Yuen Chang Stainless Steel Co., Ltd. Yuh Sheng Stainless Steel Co., Ltd. TAIWAN: Certain Stilbenic Optical Brightening Agents, A–583–848 ...... 5/1/20–4/30/21 Teh Fong Min International Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Aluminum Extrusions, A–570–967 ...... 5/1/20–4/30/21 Anhui Morden Living Co., Ltd. Apex Shipping Group (Dalian) Co., Ltd. Changzhou Ssangleong Industrial Textile Co., Ltd. China National Aero-Technology Import and Export Corporation China Suzhou Erma Machinery Co., Ltd. City Ocean International Inc. D. MAG (Kunshan) New Material Technology Co. Ltd. LLC Dalian Senmiao Wooden Products Co., Ltd. E Motor Industries International Shanghai Co., Ltd. East Asia Aluminum Co., Ltd. Easteel Hard Ware Co., Ltd. Foshan Faxus Trading Co. Ltd Foshan Sanshui Haixiang Artwork Fuzhou Baitu E Commerce Co., Ltd. Fuzhou Light Industry Imp. & Exp. Co., Ltd. Hangzhou Hongli Pipe Machinery Co., Ltd. Hangzhou Yong Ting Silk Co., Ltd. Honour Lane Shipping Ltd Juxianxing Imp. & Exp. (Shenzhen) Co. Kingtom Aluminio SRL Nanhai Silk Import & Export Corp Ltd of Guangdong Paleo Furniture Co., Ltd. Shanghai HST Transport Co., Ltd Shenzhen Wanguoyong Commerce Co. Ltd. Shenzhen Zhongsheng Import and Export Co. Ltd. Sichuan Hongxing Shoes Factory Materials Co., Ltd. Taizhou Meihua Work of Art Co., Ltd. Topocean Consolidation Service (China) Limited Wuxi Qianzhou Machinery Equipment Factory Zhejiang Hengfeng Top Leisure Co., Ltd. Zhuhai Haofeng Imp. & Exp. Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Oil Country Tubular Goods, A–570–943 ...... 5/1/20–4/30/21 China United International Company Confab Industrial S.A. HLD Clark Steel Pipe Co., Inc. HLDS (B) Steel SDN BHD Huludao City Steel Pipe Industrial Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Pure Magnesium, A–570–832 ...... 5/1/20–4/30/21 Tianjin Magnesium International Co., Ltd. Tianjin Magnesium Metal Co., Ltd. TURKEY: Circular Welded Carbon Steel Pipes and Tubes, A–489–501 ...... 5/1/20–4/30/21 Borusan Mannesmann Boru Sanayi ve Ticaret A.S. Borusan Mannesmann Pipe U.S. Inc. Borusan Birlesik Boru Fabrikalari San ve Tic Borusan Gemlik Boru Tesisleri A.S. Borusan Holding
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Period to be reviewed
Borusan Ihracat Ithalat ve Dagitim A.S. Borusan Ithicat ve Dagitim A.S. Borusman Istikbal Ticaret T.A.S. Borusan Mannesmann Yatirim Holding Cayirova Boru Sanayi ve Ticaret A.S. Cinar Boru Profil San. Ve Tic. A.S. Erbosan Erciyas Boru Sanayi ve Ticaret A.S. Kale Baglann Teknolojileri San. ve Tic. A.S. Noksel Celik Boru Sanayi A.S. Toscelik Metal Ticaret A.S. Toscelik Profil Ve Sac Endu¨strisi A.S. Tosyali Dis Ticaret A.S Tubeco Pipe and Steel Corporation Yucel Boru ve Profil Endustrisi A.S. Yucelboru Ihracat ve Pazarlama A.S. TURKEY: Large Diameter Welded Pipe, A–489–833 ...... 5/1/20–4/30/21 Borusan Istikbal Ticaret HDM Celik Boru Sanayi ve Ticaret A.S. HDM Spiral Kaynakli Boru A.S. HDM Spirally Welded Steel Pipe Inc. Spirally Welded Steel Pipe Inc. C¸ imtas¸ Boru Imalatiral Ticaret Ltd. Cimtas Boru Imalatlari ve Ticaret Ltd. Sti. Cimtas Boru Imalatlari LTD STI Emek Boru Makina Sanayi ve Ticaret A.S. Erciyas Celik Boru Sanayi A.S. Mazlum Mangtay Boru Son. Ins. Tar.Urn.San.ve Tic. A.S. Noksel Celik Boru Sanayi A.S. Ozbal Celik Boru San. Tic. Ve TAAH A.S. Toscelik Profil ve Sac End. A.S. Toscelik Profile and Sheet Ind. Co. Toscelik Spiral Boru Uretim A.S. Umran Celik Boru Sanayii A.S. UNITED ARAB EMIRATES: Certain Steel Nails, A–520–804 ...... 5/1/20–4/30/21 Al Falaq Building Materials Al Khashab Building Materials Co., LLC Al Rafaa Star Building Materials Est. Al Sabbah Trading and Importing, Est. All Ferro Building Materials, LLC Asgarali Yousuf Trading Co., LLC Azymuth Consulting, LLC Burj Al Tasmeem, Tr. Gheewala Hardware Trading Company, LLC Master Nails and Pins Manufacturing, LLC Middle East Manufacturing Steel LLC New World International, LLC Okzeela Star Building Materials Trading, LLC Rich Well Steel Industries LLC Rishi International, FZCO Samrat Wire Industry, LLC Sea Lan Contracting SK Metal International DMCC Trade Circle Enterprises, LLC CVD Proceedings REPUBLIC OF KOREA: Certain Carbon and Alloy Steel Cut-To-Length Plate, C–580–888 ...... 1/1/20–12/31/20 Ajin Industrial Co., Ltd. BDP International Blue Track Equipment Boxco Bukook Steel Co., Ltd. Buma CE Co., Ltd. China Chengdu International Techno-Economic Cooperation Co., Ltd. Daehan I.M. Co., Ltd. Daehan Tex Co., Ltd. Daelim Industrial Co., Ltd. Daesam Industrial Co., Ltd. Daesin Lighting Co., Ltd. Daewoo International Corp. Dong Yang Steel Pipe DK Dongshin Co., Ltd. Dongbu Steel Co., Ltd. Dongkuk Industries Co., Ltd. Dongkuk Steel Mill Co., Ltd.
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Period to be reviewed
EAE Automotive Equipment EEW KHPC Co., Ltd. Eplus Expo Inc. GS Global Corp. Haem Co., Ltd. Han Young Industries Hyosung Corp. Hyundai Steel Co. Jinmyung Frictech Co., Ltd. Khana Marine Ltd. Kindus Inc. Korean Iron and Steel Co., Ltd. Kyoungil Precision Co., Ltd. Menics POSCO POSCO International Qian’an Rentai Metal Products Co., Ltd Samsun C&T Corp. Samsung Shinko Shipping Imperial Co., Ltd. Sinchang Eng Co., Ltd. SK Networks Co., Ltd. SNP Ltd. Steel N People Ltd. Summit Industry Sungjin Co., Ltd. Young Sun Steel REPUBLIC OF KOREA: Large Diameter Welded Pipe, C–580–898 ...... 1/1/20–12/31/20 AJU Besteel Co., Ltd. Chang Won Bending Co., Ltd. Daiduck Piping Co., Ltd. Dong Yang Steel Pipe Co., Ltd. Dongbu Incheon Steel Co., Ltd. EEW KHPC Co., Ltd. EEW Korea Co., Ltd. EM Solution Co., Ltd. Hansol Metal Co., Ltd. Hawin Histeel Co., Ltd. Husteel Co., Ltd.5 Hyosung Hyundai RB Co., Ltd. Hyundai Steel Hyundai Steel Co., Ltd. Hyundai Steel Company 6 Kiduck Industries Co., Ltd. Kum Kang Kind. Co., Ltd. Kumsoo Connecting Co., Ltd. Nexteel Co., Ltd. POSCO Samkang M&T Co., Ltd. SeAH Steel Corporation SeAH Steel, Co., Ltd. Seonghwa Industrial Co., Ltd. SIN-E B&P Co., Ltd. Steel Flower Co., Ltd. WELTECH Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Aluminum Extrusions, C–570–968 ...... 1/1/20–12/31/20 Anhui Morden Living Co., Ltd. Apex Shipping Group (Dalian) Co., Ltd. Changzhou Ssangleong Industrial Textile Co., Ltd. China National Aero-Technology Import and Export Corporation China Suzhou Erma Machinery Co., Ltd. City Ocean International Inc. D. MAG (Kunshan) New Material Technology Co. Ltd. LLC Dalian Senmiao Wooden Products Co., Ltd. E Motor Industries International Shanghai Co., Ltd. East Asia Aluminum Co., Ltd. Easteel Hard Ware Co., Ltd. Foshan Faxus Trading Co. Ltd Foshan Sanshui Haixiang Artwork Fuzhou Baitu E Commerce Co., Ltd. Fuzhou Light Industry Imp. & Exp. Co., Ltd.
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Period to be reviewed
Hangzhou Hongli Pipe Machinery Co., Ltd. Hangzhou Yong Ting Silk Co., Ltd. Honour Lane Shipping Ltd Juxianxing Imp. & Exp. (Shenzhen) Co. Kingtom Aluminio SRL Nanhai Silk Import & Export Corp Ltd of Guangdong Paleo Furniture Co., Ltd. Shanghai HST Transport Co., Ltd Shenzhen Wanguoyong Commerce Co. Ltd. Shenzhen Zhongsheng Import and Export Co. Ltd. Sichuan Hongxing Shoes Factory Materials Co., Ltd. Taizhou Meihua Work of Art Co., Ltd. Topocean Consolidation Service (China) Limited Wuxi Qianzhou Machinery Equipment Factory Zhejiang Hengfeng Top Leisure Co., Ltd. Zhuhai Haofeng Imp. & Exp. Co., Ltd. TURKEY: Large Diameter Welded Pipe, C–489–834 ...... 1/1/20–12/31/20 Borusan Istikbal Ticaret HDM Celik Boru Sanayi ve Ticaret A.S. HDM Spiral Kaynakli Boru A.S. HDM Spirally Welded Steel Pipe Inc. Spirally Welded Steel Pipe Inc. C¸ imtas¸ Boru Imalatiral Ticaret Ltd. Cimtas Boru Imalatlari ve Ticaret Ltd. Sti. Cimtas Boru Imalatlari LTD STI Emek Boru Makina Sanayi ve Ticaret A.S. Erciyas Celik Boru Sanayi A.S. Mazlum Mangtay Boru Son. Ins. Tar.Urn.San.ve Tic. A.S. Noksel Celik Boru Sanayi A.S. Ozbal Celik Boru San. Tic. Ve TAAH A.S. Toscelik Profil ve Sac End. A.S. Toscelik Profile and Sheet Ind. Co. Toscelik Spiral Boru Uretim A.S. Umran Celik Boru Sanayii A.S.
Suspension Agreements days of the date of publication of the 19 CFR 351.305. Those procedures None. notice of initiation of the review, will apply to administrative reviews determine whether AD duties have been included in this notice of initiation. Duty Absorption Reviews absorbed by an exporter or producer Parties wishing to participate in any of During any administrative review subject to the review if the subject these administrative reviews should covering all or part of a period falling merchandise is sold in the United States ensure that they meet the requirements between the first and second or third through an importer that is affiliated of these procedures (e.g., the filing of and fourth anniversary of the with such exporter or producer. The separate letters of appearance as publication of an AD order under 19 request must include the name(s) of the discussed at 19 CFR 351.103(d)). CFR 351.211 or a determination under exporter or producer for which the Factual Information Requirements 19 CFR 351.218(f)(4) to continue an inquiry is requested. order or suspended investigation (after Gap Period Liquidation Commerce’s regulations identify five sunset review), Commerce, if requested categories of factual information in 19 by a domestic interested party within 30 For the first administrative review of CFR 351.102(b)(21), which are any order, there will be no assessment summarized as follows: (i) Evidence 5 Subject merchandise both produced and of antidumping or countervailing duties submitted in response to questionnaires; exported by Husteel Co., Ltd. (Husteel) is excluded on entries of subject merchandise from the countervailing duty order. See Large (ii) evidence submitted in support of Diameter Welded Pipe from the Republic of Korea: entered, or withdrawn from warehouse, allegations; (iii) publicly available Countervailing Duty Order, 84 FR 18773 (May 2, for consumption during the relevant information to value factors under 19 2019). Thus, Husteel’s inclusion in this ‘‘gap’’ period of the order (i.e., the CFR 351.408(c) or to measure the administrative review is limited to entries for which Husteel was not both the producer and exporter of period following the expiry of adequacy of remuneration under 19 CFR the subject merchandise. provisional measures and before 351.511(a)(2); (iv) evidence placed on 6 Subject merchandise both produced and definitive measures were put into the record by Commerce; and (v) exported by Hyundai Steel Company (Hyundai place), if such a gap period is applicable evidence other than factual information Steel) and subject merchandise produced by Hyundai Steel and exported by Hyundai to the POR. described in (i)–(iv). These regulations Corporation are excluded from the countervailing Administrative Protective Orders and require any party, when submitting duty order. See Large Diameter Welded Pipe from factual information, to specify under the Republic of Korea: Countervailing Duty Order, Letters of Appearance 84 FR 18773 (May 2, 2019). Thus, Hyundai Steel’s which subsection of 19 CFR inclusion in this administrative review is limited to Interested parties must submit 351.102(b)(21) the information is being entries for which Hyundai Steel was not the applications for disclosure under submitted and, if the information is producer and exporter of the subject merchandise administrative protective orders in submitted to rebut, clarify, or correct and for which Hyundai Steel was not the producer and Hyundai Corporation was not the exporter of accordance with the procedures factual information already on the subject merchandise. outlined in Commerce’s regulations at record, to provide an explanation
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identifying the information already on elect to specify a different time limit by ADDRESSES: Interested persons are the record that the factual information which extension requests will be invited to submit written comments by seeks to rebut, clarify, or correct. The considered untimely for submissions mail to Maureen O’Reilly, Management regulations, at 19 CFR 351.301, also which are due from multiple parties Analyst, NIST, by email to provide specific time limits for such simultaneously. In such a case, [email protected]). Please factual submissions based on the type of Commerce will inform parties in the reference OMB Control Number 0693– factual information being submitted. letter or memorandum setting forth the 0032 in the subject line of your Please review the Final Rule,7 available deadline (including a specified time) by comments. Do not submit Confidential at https://enforcement.trade.gov/frn/ which extension requests must be filed Business Information or otherwise 2013/1304frn/2013-08227.txt, prior to to be considered timely. This policy also sensitive or protected information. submitting factual information in this requires that an extension request must FOR FURTHER INFORMATION CONTACT: segment. Note that Commerce has be made in a separate, stand-alone Requests for additional information or temporarily modified certain of its submission, and clarifies the specific questions related to collection requirements for serving documents circumstances under which Commerce activities should be directed to Melissa containing business proprietary will grant untimely-filed requests for the Davis, NIST, Manufacturing Extension 8 information, until further notice. extension of time limits. Please review Partnership, 100 Bureau Drive, Any party submitting factual the Final Rule, available at https:// Gaithersburg, MD 20899, MS4800, 240– information in an AD or CVD www.gpo.gov/fdsys/pkg/FR-2013-09-20/ 277–0269, [email protected]. proceeding must certify to the accuracy html/2013-22853.htm, prior to SUPPLEMENTARY INFORMATION: and completeness of that information submitting factual information in these using the formats provided at the end of segments. I. Abstract the Final Rule.9 Commerce intends to These initiations and this notice are Manufacturing Extension Partnership reject factual submissions in any in accordance with section 751(a) of the proceeding segments if the submitting (MEP) is a national network of locally Act (19 U.S.C. 1675(a)) and 19 CFR based manufacturing extension centers party does not comply with applicable 351.221(c)(1)(i). certification requirements. that assists small- and medium-sized Dated: June 29, 2021. manufacturers to improve their Extension of Time Limits Regulation James Maeder, productivity, improve profitability, and Parties may request an extension of Deputy Assistant Secretary for Antidumping enhance their economic time limits before a time limit and Countervailing Duty Operations. competitiveness. The information established under Part 351 expires, or as [FR Doc. 2021–14290 Filed 7–2–21; 8:45 am] collected will provide the MEP with 10 otherwise specified by Commerce. In BILLING CODE 3510–DS–P information regarding MEP Center general, an extension request will be performance regarding the delivery of considered untimely if it is filed after technology, and business solutions to the time limit established under Part DEPARTMENT OF COMMERCE U.S.-based manufacturers. The collected 351 expires. For submissions which are information will assist in determining due from multiple parties National Institute of Standards and the performance of the MEP Centers at simultaneously, an extension request Technology both local and national levels, provide will be considered untimely if it is filed information critical to monitoring and after 10:00 a.m. on the due date. Agency Information Collection reporting on MEP programmatic Examples include, but are not limited Activities; Submission to the Office of performance and assist management in to: (1) Case and rebuttal briefs, filed Management and Budget (OMB) for policy decisions. Responses to the pursuant to 19 CFR 351.309; (2) factual Review and Approval; Comment collection of information are mandatory information to value factors under 19 Request; Manufacturing Extension per the regulations governing the CFR 351.408(c), or to measure the Partnership Management Information operation of the MEP Program (15 CFR adequacy of remuneration under 19 CFR Reporting parts 290, 291, 292, and H.R. 1274— 351.511(a)(2), filed pursuant to 19 CFR section 2). The information collected AGENCY: National Institute of Standards 351.301(c)(3) and rebuttal, clarification will include center inputs and activities and Technology (NIST), Commerce. and correction filed pursuant to 19 CFR including services delivered, clients 351.301(c)(3)(iv); (3) comments ACTION: Notice of information collection, served, center staff, quarterly expenses concerning the selection of a surrogate request for comment. and revenues, partners, strategic plan, country and surrogate values and operation plans, and client success rebuttal; (4) comments concerning CBP SUMMARY: The Department of stories. No confidentiality for data; and (5) Q&V questionnaires. Under Commerce, in accordance with the information submitted is promised or certain circumstances, Commerce may Paperwork Reduction Act of 1995 provided. In order to reflect new (PRA), invites the general public and initiatives and new data needs, NIST 7 See Certification of Factual Information To other Federal agencies to comment on MEP has identified a need to revise its Import Administration During Antidumping and proposed, and continuing information existing reporting processes by Countervailing Duty Proceedings, 78 FR 42678 (July collections, which helps us assess the 17, 2013) (Final Rule); see also the frequently asked modifying existing reporting elements questions regarding the Final Rule, available at impact of our information collection that will enable NIST MEP to better https://enforcement.trade.gov/tlei/notices/factual_ requirements and minimize the public’s _ _ _ _ monitor and assess the extent to which info final rule FAQ 07172013.pdf. reporting burden. The purpose of this the Centers are meeting program goals 8 See Temporary Rule Modifying AD/CVD Service notice is to allow for 60 days of public Requirements Due to COVID–19, 85 FR 41363 (July and milestones. 10, 2020). comment preceding submission of the 9 See section 782(b) of the Act; see also Final collection to OMB. II. Method of Collection Rule; and the frequently asked questions regarding DATES: To ensure consideration, The information will be collected the Final Rule, available at https:// enforcement.trade.gov/tlei/notices/factual_info_ comments regarding this proposed from the MEP Centers through the MEP final_rule_FAQ_07172013.pdf. information collection must be received Enterprise Information System (MEIS), 10 See 19 CFR 351.302. on or before September 7, 2021. https://meis.nist.gov.
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III. Data cannot guarantee that we will be able to Representatives of Pacific Council do so. Advisory Bodies will consider the OMB Control Number: 0693–0032. information presented, provide feedback Sheleen Dumas, Form Number(s): None. and advice, and develop reports to the Department PRA Clearance Officer, Office of Pacific Council for its consideration. A Type of Review: Regular submission the Chief Information Officer, Commerce (revision of a current information Department. meeting agenda will be posted to the Pacific Council’s website in advance of collection). [FR Doc. 2021–14286 Filed 7–2–21; 8:45 am] the meeting. Affected Public: Business or other for- BILLING CODE 3510–13–P Although non-emergency issues not profit organizations. contained in the meeting agenda may be Estimated Number of Respondents: DEPARTMENT OF COMMERCE discussed, those issues may not be the 51. subject of formal action during this Estimated Time Per Response: 20 National Oceanic and Atmospheric meeting. Action will be restricted to Hours for Quarterly Review, 4 Hours for Administration those issues specifically listed in this document and any issues arising after Semi-Annual Review, 30 hours for the [RTID 0648–XB206] publication of this document that Annual Review; 80 hours for Panel require emergency action under section Review. Recipients of Special Funding Pacific Fishery Management Council; 305(c) of the Magnuson-Stevens Fishery awards should anticipate an additional Public Meeting Conservation and Management Act, burden of 2 hours quarterly/ AGENCY: National Marine Fisheries provided the public has been notified of semiannually (per award) based on the Service (NMFS), National Oceanic and the intent to take final action to address requirements of the cooperative Atmospheric Administration (NOAA), the emergency. agreement. Commerce. Special Accommodations Estimated Total Annual Burden ACTION: Notice of public meeting. Hours: 5,508 hours for Quarterly, Semi- Requests for sign language annual, and Annual Review; and 1,360 SUMMARY: The Pacific Fishery interpretation or other auxiliary aids hours for Panel Review. Management Council (Pacific Council) should be directed to Mr. Kris will hold an online meeting to consider Kleinschmidt (kris.kleinschmidt@ Estimated Total Annual Cost to information on marine planning and Public: $0. noaa.gov; (503) 820–2412) at least 10 offshore development planning and days prior to the meeting date. Respondent’s Obligation: Mandatory. activities. This meeting is open to the Authority: 16 U.S.C. 1901 et seq. Legal Authority: public. Dated: June 29, 2021. DATES: The online meeting will be held IV. Request for Comments Thursday, July 22, 2021 and Friday, July Diane M. DeJames-Daly, 23, 2021, from 9 a.m. to 5 p.m., Pacific Acting Deputy Director, Office of Sustainable We are soliciting public comments to Fisheries, National Marine Fisheries Service. permit the Department/Bureau to: (a) Daylight Time, each day. Exact meeting [FR Doc. 2021–14291 Filed 7–2–21; 8:45 am] Evaluate whether the proposed times may be adjusted in advance, and BILLING CODE 3510–22–P information collection is necessary for the meeting may be adjourned early if the proper functions of the Department, work for that day has been completed. including whether the information will The meeting agenda with specific times will be posted to the Pacific Council DEPARTMENT OF COMMERCE have practical utility; (b) Evaluate the website in advance of the meeting. accuracy of our estimate of the time and National Oceanic and Atmospheric cost burden for this proposed collection, ADDRESSES: The meeting will be held Administration online. Specific meeting information, including the validity of the [RTID 0648–XB210] methodology and assumptions used; (c) including directions on how to join the Evaluate ways to enhance the quality, meeting and system requirements will be provided in the meeting Endangered Species; File Nos. 24140 utility, and clarity of the information to announcement on the Pacific Council’s and 24368 be collected; and (d) Minimize the website (see www.pcouncil.org). You reporting burden on those who are to AGENCY: National Marine Fisheries may send an email to Mr. Kris respond, including the use of automated Service (NMFS), National Oceanic and Kleinschmidt (kris.kleinschmidt@ collection techniques or other forms of Atmospheric Administration (NOAA), noaa.gov, (503) 820–2412) for technical Commerce. information technology. assistance. ACTION: Notice; receipt of application. Comments that you submit in Council address: Pacific Fishery response to this notice are a matter of Management Council, 7700 NE SUMMARY: Notice is hereby given that public record. We will include or Ambassador Place, Suite 101, Portland, Jane Provancha, Herndon Solutions summarize each comment in our request OR 97220–1384. Group, LLC., 2562 Meadow Lane, to OMB to approve this ICR. Before FOR FURTHER INFORMATION CONTACT: Cocoa, FL 32926 and the NMFS including your address, phone number, Kerry Griffin, Pacific Council; Southeast Fisheries Science Center email address, or other personal telephone: (503) 820–2409. (SEFSC), 75 Virginia Beach Drive, identifying information in your SUPPLEMENTARY INFORMATION: Miami, FL 33149 (Responsible Party: comment, you should be aware that Representatives of the United States Lisa Desfosse), have applied in due form your entire comment—including your Bureau of Ocean Energy Management for permits to take green (Chelonia personal identifying information—may and the Pacific Council will present mydas), hawksbill (Eretmochelys be made publicly available at any time. information related to the planning imbricata), Kemp’s ridley (Lepidochelys While you may ask us in your comment process for identifying potential kempii), leatherback (Dermochelys to withhold your personal identifying offshore wind energy sites in the U.S. coriacea), loggerhead (Caretta caretta), information from public review, we Exclusive Economic Zone. olive ridley (L. olivacea), and
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unidentified hardshell sea turtles for understand movement and migration, Type of Request: New information purposes of scientific research. habitat use, genetics, and population collection. DATES: Written, telefaxed, or email dynamics of the sea turtle species that Number of Respondents: 1,800. comments must be received on or before interact with these human activities. Up Average Hours per Response: 20 August 5, 2021. to 111 green, 31 hawksbill, 260 Kemp’s minutes (0.33 hours). Total Annual Burden Hours: 600 ADDRESSES: The application and related ridley, 117 leatherback, 490 loggerhead, 20 olive ridley, and 23 unidentified/ hours. documents are available for review by Needs and Uses: This request is for a selecting ‘‘Records Open for Public hybrid live turtles would be photographed, measured, weighed, new information collection under the Comment’’ from the ‘‘Features’’ box on currently approved hybrid-generic the Applications and Permits for flipper tagged and PIT tagged, skin biopsied, and released annually. information collection under OMB Protected Species (APPS) home page, Control Number 0648–0646. The https://apps.nmfs.noaa.gov, and then Carcasses, tissues or parts also may be salvaged from dead sea turtles. This information collection is part of the selecting File No. 24140 or 24368 from National Coral Reef Monitoring Program the list of available applications. These work includes the import of biological samples or dead parts collected on the (NCRMP), which was established by the documents are also available upon National Oceanic and Atmospheric written request via email to high seas. The permit would be valid for 10 years. Administration (NOAA) Coral Reef [email protected]. Conservation Program (CRCP) under the Written comments on this application Dated: June 29, 2021. authority of the Coral Reef Conservation should be submitted via email to Julia Marie Harrison, Act of 2000. The CRCP was created to [email protected]. Please Chief, Permits and Conservation Division, safeguard and ensure the welfare of the include the relevant File No. in the Office of Protected Resources, National coral reef ecosystems along the subject line of the email comment. Marine Fisheries Service. coastlines of America’s states and Those individuals requesting a public [FR Doc. 2021–14275 Filed 7–2–21; 8:45 am] territories. In accordance with its hearing should submit a written request BILLING CODE 3510–22–P mission goals, NOAA developed a via email to NMFS.Pr1Comments@ survey to track relevant information noaa.gov. The request should set forth regarding each jurisdiction’s population, the specific reasons why a hearing on DEPARTMENT OF COMMERCE social and economic structure, the this application would be appropriate. benefits of coral reefs and related FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric habitats, the impacts of society on coral Amy Hapeman or Erin Markin, (301) Administration reefs, and the impacts of coral 427–8401. management on communities. The Agency Information Collection SUPPLEMENTARY INFORMATION: The survey is repeated in each jurisdiction Activities; Submission to the Office of subject permit is requested under the every five to seven years in order to Management and Budget (OMB) for authority of the Endangered Species Act provide longitudinal data and Review and Approval; Comment of 1973, as amended (ESA; 16 U.S.C. information for managers to effectively Request; Socioeconomics of Coral 1531 et seq.) and the regulations conserve coral reefs for current and Reef Conservation, Puerto Rico 2022 governing the taking, importing, and future generations. Survey exporting of endangered and threatened The purpose of this information species (50 CFR parts 222–226). The Department of Commerce will collection is to obtain human File No. 24140: The applicant submit the following information dimensions information from residents proposes to continue long term collection request to the Office of in Puerto Rico. Specifically, NOAA is monitoring of the relative health, Management and Budget (OMB) for seeking information on the behaviors abundance, and distribution of green, review and clearance in accordance and activities related to coral reefs, as loggerhead, Kemp’s ridley and with the Paperwork Reduction Act of well as information on perceptions of hawksbill sea turtles inhabiting the 1995, on or after the date of publication coral reef conditions and attitudes northern Indian River Lagoon, including of this notice. We invite the general toward specific reef conservation the Mosquito Lagoon, Banana River in public and other Federal agencies to activities. The survey has a core set of Volusia and Brevard Counties, Florida. comment on proposed, and continuing questions that are the same for all Annually up to 30 greens, 30 information collections, which helps us jurisdictions to allow for information to loggerheads, one Kemp’s ridley and one assess the impact of our information be tracked over time. To account for hawksbill would be captured by tangle collection requirements and minimize geographical, cultural and linguistic net. Turtles would be measured, the public’s reporting burden. Public differences between jurisdictions, the weighed, flipper tagged, and passive comments were previously requested survey questions include items that are integrated transponder (PIT) tagged, via the Federal Register on January 25, specific to the local context and photographed, and released. Green and 2021 (86 FR 6876) during a 60-day developed based on jurisdictional loggerhead sea turtles would also be comment period and again on April, 16, partner feedback. We intend to use the information scute, skin, and blood sampled, and 2021 (86 FR 20120) during a 30-day collected through this survey gastric lavaged prior to release. Up to 10 comment period. This notice allows for instrument for research purposes, as green and 10 loggerhead sea turtles may an additional 30 days for public well as for measuring and improving the be released with sonic transmitters. The comments. permit would be valid for 10 years. results of our reef protection programs. File No. 24368: The SEFSC proposes Agency: National Oceanic & Because many of our efforts to protect to continue studying sea turtles legally Atmospheric Administration (NOAA), reefs rely on education and changing bycaught within commercial fisheries Commerce. attitudes toward reef protection, the and during other human activities Title: Socioeconomics of Coral Reef information collected will allow CRCP operating in the Atlantic Ocean, Gulf of Conservation, Puerto Rico 2022 Survey. to ensure that programs are designed Mexico, Caribbean Sea, and the high OMB Control Number: 0648–0646. appropriately at the start, future seas. The objective is to better Form Number(s): None. program evaluation efforts are as
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successful as possible, and outreach information collection must be received of Authorization (LOA), and gillnet efforts are targeting the intended on or before September 7, 2021. certificates. recipients with useful information. ADDRESSES: Interested persons are This collection also includes the Affected Public: Individuals or invited to submit written comments to requirement for participants in certain households. Adrienne Thomas, NOAA PRA Officer, fisheries to use onboard vessel Frequency: Every 5–7 years. at [email protected]. Please monitoring systems (VMS) and to notify Respondent’s Obligation: Voluntary. reference OMB Control Number 0648– NMFS before fishing trips for the Legal Authority: Coral Reef 0202 in the subject line of your purpose of observer placement. Other permitting in this collection includes Conservation Act of 2000. comments. Do not submit Confidential the written request to participate in any This information collection request Business Information or otherwise of the various exemption programs may be viewed at www.reginfo.gov. sensitive or protected information. Follow the instructions to view the offered in the Greater Atlantic region. FOR FURTHER INFORMATION CONTACT: Exemption programs may allow a Department of Commerce collections Requests for additional information or vessel to fish in an area that is limited currently under review by OMB. specific questions related to collection to vessels of a particular size, using a Written comments and activities should be directed to Cynthia certain gear type, or fishing for a recommendations for the proposed Ferrio, Greater Atlantic Regional particular species. This collection also information collection should be Fisheries Office, 55 Great Republic Dr., contains paperwork required for vessel submitted within 30 days of the Gloucester, MA 01930, (978) 281–9180, owners to request gillnet and lobster publication of this notice on the [email protected]. trap tags through the Greater Atlantic following website www.reginfo.gov/ SUPPLEMENTARY INFORMATION: region permit office. public/do/PRAMain. Find this Lastly, vessel owners that own particular information collection by I. Abstract multiple vessels, but would like to selecting ‘‘Currently under 30-day This request is for revision of a request communication from NMFS be Review—Open for Public Comments’’ or consolidated into one mailing (and not by using the search function and current information collection. Under the Magnuson-Stevens Fishery separate mailings for each vessel), may entering either the title of the collection request the single letter vessel owner or the OMB Control Number 0648–0646. Conservation and Management Act, the Secretary of Commerce has the option to improve efficiency of their Sheleen Dumas, responsibility for the conservation and business practice. Department PRA Clearance Officer, Office of management of marine fishery II. Method of Collection the Chief Information Officer, Commerce resources. Much of this responsibility Vessel Permits: All vessel permit Department. has been delegated to NOAA’s National applications, including permit [FR Doc. 2021–14351 Filed 7–2–21; 8:45 am] Marine Fisheries Service (NMFS). applications and renewals for vessels, BILLING CODE 3510–JS–P Under this stewardship role, the dealers, and vessel operators, as well as Secretary was given certain regulatory gillnet and lobster trap tag purchase, are authorities to ensure the most beneficial DEPARTMENT OF COMMERCE required to be submitted using an online uses of these resources. One of the account (FishOnline). National Oceanic and Atmospheric regulatory steps taken to carry out the VMS Requirements: Vessels with Administration conservation and management VMS requirements are required to objectives is to collect information from declare their intent to fish (e.g., declare Agency Information Collection users of the resources. into the fishery) and submit daily catch Activities; Submission to the Office of The Secretary has enacted rules to reports using electronic VMS units on Management and Budget (OMB) for issue permits to individuals and board the vessel. Other VMS actions Review and Approval; Comment organizations participating in federally may include trip start and end hails, Request; Greater Atlantic Region controlled fisheries. Permits are pre-landing notifications, and days-at- Permit Family of Forms necessary to: (1) Register fishermen, sea (DAS) adjustments. VMS power fishing vessels, fish dealers and down exemption requests are submitted AGENCY: National Oceanic & processors; (2) list the characteristics of by signed paper form. Atmospheric Administration (NOAA), fishing vessels and/or dealer/processor Observer Program Call-in Commerce. operations; (3) exercise influence over Requirements: Vessels issued certain ACTION: Notice of information collection, compliance (e.g., withhold issuance permits such as Northeast multispecies, request for comment. pending collection of unpaid penalties); monkfish, scallop, and Atlantic herring (4) maintain contact lists for the permits are required to give advance SUMMARY: The Department of dissemination of important information notification to the Northeast Fisheries Commerce, in accordance with the to the industry; (5) register participants Observer Program (NEFOP) before the Paperwork Reduction Act of 1995 to be considered for limited entry; and start of a trip in order to receive a (PRA), invites the general public and (6) provide a universe for data collection fisheries observer or a waiver. Vessels other Federal agencies to comment on samples. Identification of fishery use an online pre-trip notification proposed, and continuing information participants, their gear types, vessels, system, email, toll-free call-in number, collections, which helps us assess the and expected activity levels is an or a local phone number to comply with impact of our information collection effective and necessary tool in the this requirement. requirements and minimize the public’s enforcement of fishery regulations. Exempted Fisheries Programs: Vessels reporting burden. The purpose of this This collection is being revised to that would like to request participation notice is to allow for 60 days of public introduce a new online permitting in one or more of the Greater Atlantic comment preceding submission of the system (FishOnline) to allow region fisheries exemption programs collection to OMB. individuals and organizations to apply must either submit a request DATES: To ensure consideration, and renew their fishing vessel permits, electronically using their VMS unit, by comments regarding this proposed operator permits, dealer permits, Letter declaring into an exempted fishery prior
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to the start of a trip, or by submitting a to participate in any of the exemption personal identifying information—may request to participate in the program(s) programs: 5 minutes; Charter/Party be made publicly available at any time. of interest using their FishOnline Exemption Certificate for GOM Closed While you may ask us in your comment account. Areas: 5 minutes; limited access sea to withhold your personal identifying Vessel Owner Single Letter Option: scallop vessels state waters DAS information from public review, we Vessel owners that own multiple exemption program or state waters gear cannot guarantee that we will be able to vessels, but would like to receive only exemption program: 2 minutes; do so. a single Greater Atlantic Fisheries withdraw from either state waters Bulletin or small entity compliance exemption program prior to the end of Sheleen Dumas, guide instead of one for each vessel the 7-day designated exemption period Department PRA Clearance Officer, Office of permit, must submit a written request to requirement: 2 minutes; request for the Chief Information Officer, Commerce Department. NMFS to participate in this program. change in permit category designation: 5 [FR Doc. 2021–14292 Filed 7–2–21; 8:45 am] III. Data minutes; request for transit to another port by a vessel required to remain BILLING CODE 3510–22–P OMB Control Number: 0648–0202. within the GOM cod trip limit: 2 Form Number(s): None. minutes; gillnet category designation, Type of Review: Regular (revision of a including initial requests for gillnet tags: DEPARTMENT OF COMMERCE current information collection). 10 minutes; requests for additional tags: Affected Public: Businesses and other National Oceanic and Atmospheric 2 minutes; notification of lost tags and Administration for-profit organizations are primarily requests for replacement tag numbers: 2 affected. Individuals or households, minutes; attachment of gillnet tags: 1 [RTID 0648–XB202] state, local or tribal governments, and minute; initial lobster area designations: the Federal Government are also 5 minutes; requests for additional tags: Mid-Atlantic Fishery Management affected. 2 minutes; and notification of lost tags: Council (MAFMC); Public Meeting Estimated Number of Respondents: 3 minutes; requests for state quota 129,453. AGENCY: National Marine Fisheries Estimated Time per Response: Vessel transfers in the bluefish, summer Service (NMFS), National Oceanic and Permits: Vessel permit application: 40 flounder and scup fisheries: 1 hour; Atmospheric Administration (NOAA), minutes; vessel permit renewal forms: GOM cod trip limit exemption: 5 Commerce. 20 minutes; initial dealer permit minutes; vessel owner single letter ACTION: Notice; public meeting. applications: 15 minutes; dealer permit option: 5 minutes. Estimated Total Annual Burden SUMMARY: renewal forms: 5 minutes; initial and The Mid-Atlantic Fishery Hours: 18,737. Management Council’s Northeast Trawl renewal vessel operator permit Estimated Total Annual Cost to applications: 30 minutes; online Advisory Panel (NTAP) Working Group Public: $2,302,677 in record keeping/ will hold a public webinar meeting. account creation (FishOnline Account reporting costs. Information Collection): 15 minutes; DATES: The meeting will be held on Respondent’s Obligation: Mandatory. Wednesday, July 21, 2021, from 1 p.m. limited access vessel replacement Legal Authority: Title 50, Chapter VI, applications: 1.5 hours; and to 3 p.m. For agenda details, see Part 648: FISHERIES OF THE SUPPLEMENTARY INFORMATION. applications for retention of limited NORTHEASTERN UNITED STATES. access permit history: 1.5 hours. VMS ADDRESSES: The meeting will be held Requirements: Installing a VMS unit: 1 IV. Request for Comments via webinar. Details on the proposed hour; confirming VMS connectivity: 5 We are soliciting public comments to agenda, webinar listen-in access, and minutes; VMS certification form: 5 permit the Department/Bureau to: (a) briefing materials will be posted at minutes; VMS installation for Canadian Evaluate whether the proposed www.mafmc.org. herring transport vessels: 1 hour and 20 information collection is necessary for Council address: Mid-Atlantic Fishery minutes; email to declare their entrance the proper functions of the Department, Management Council, 800 N State and departure from U.S. waters: 15 including whether the information will Street, Suite 201, Dover, DE 19901; minutes; automatic polling of vessel have practical utility; (b) Evaluate the telephone: (302) 674–2331; position using the VMS unit: 0 minutes; accuracy of our estimate of the time and www.mafmc.org. area and DAS declarations: 5 minutes; cost burden for this proposed collection, FOR FURTHER INFORMATION CONTACT: declaration of days-out of the gillnet including the validity of the Christopher M. Moore, Ph.D., Executive fishery for monkfish and NE methodology and assumptions used; (c) Director, Mid-Atlantic Fishery multispecies vessels: 5 minutes; Good Evaluate ways to enhance the quality, Management Council, telephone: (302) Samaritan DAS credit request: 30 utility, and clarity of the information to 526–5255. minutes; entangled whale DAS credit be collected; and (d) Minimize the SUPPLEMENTARY INFORMATION: This request: 30 minutes; DAS credit for a reporting burden on those who are to meeting was rescheduled from June 18, canceled trip due to unforeseen respond, including the use of automated 2021 to July 21, 2021 due to the new circumstances, but have not yet begun collection techniques or other forms of Juneteenth federal holiday. The purpose fishing: 5 minutes to request via the information technology. of this rescheduled meeting is for the VMS unit and 10 minutes to request via Comments that you submit in NTAP Working Group to discuss (1) the paper form; VMS catch reports: 5 response to this notice are a matter of objectives of the restrictor cable minutes; VMS power down exemption: public record. We will include or research, (2) scope and timing of the 30 minutes. Observer Program Call-in summarize each comment in our request research, and (3) prepare documentation Requirements: Requests for observer to OMB to approve this ICR. Before for reporting out to the full panel. coverage are estimated to require either including your address, phone number, 2 or 10 minutes per request, depending email address, or other personal Special Accommodations on the program for which observers are identifying information in your The meeting is physically accessible requested. Exempted Fisheries comment, you should be aware that to people with disabilities. Requests for Programs: Letter of Authorization (LOA) your entire comment—including your sign language interpretation or other
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auxiliary aids should be directed to This collection will benefit the NOAA, in recreational activities, familiarity Kathy Collins at the Mid-Atlantic Office of Coastal Management (OCM), with weather and climate effects and Council Office (302) 526–5253 at least 5 and decision-makers on the state and adaptation methods, sense of place, and days prior to the meeting date. local level in New Hampshire. NOAA opinions on shoreline treatment Authority: 16 U.S.C. et seq. will collect economic data pursuant to options. No PII will be collected. The the Coastal Zone Management Act final collection will support the Dated: June 29, 2021. (CZMA) and Digital Coastal Act. development of a CSMP for New Diane M. DeJames-Daly, The New Hampshire Coastal Risk and Hampshire as well as provide Acting Deputy Director, Office of Sustainable Hazards Commission (CRHC) was information to help inform local coastal Fisheries, National Marine Fisheries Service. established by the State Legislature zone management and planning. [FR Doc. 2021–14294 Filed 7–2–21; 8:45 am] through RSA 483–E on July 2, 2013. The Upon analysis of the pre-test data and BILLING CODE 3510–22–P purpose of the Commission, as stated in guidance from experts in survey the law, is to ‘‘recommend legislation, methodology, the following changes rules and other actions to prepare for were made to enhance understanding, DEPARTMENT OF COMMERCE projected sea-level rise and other coastal response rate, and to minimize watershed hazards such as storms, respondent burden: National Oceanic and Atmospheric increased river flooding and storm water • Question 4: ‘‘suffered damage’’ has Administration runoff, and the risks such hazards pose been replaced with ‘‘been damaged’’ to to municipalities and the state assets in avoid potential bias an increase data Agency Information Collection New Hampshire.’’ Further, in carrying Activities; Submission to the Office of quality. out this charge, the Commission is • Questions 7a/8a: ‘‘coastal flooding’’ Management and Budget (OMB) for specifically directed to ‘‘review National has been replaced with ‘‘flooding’’ to Review and Approval; Comment Oceanic and Atmospheric not exclude riverine flooding. Request; Economic Analysis of Administration and other scientific • Questions 7a/8a, 7b/8b: ‘‘flooding Shoreline Treatment Options for agency projections of coastal storm damage’’ and ‘‘shoreline erosion Coastal New Hampshire inundation and flood risk to determine damage’’ were replaced with ‘‘damage The Department of Commerce will the appropriate information, data, and from flooding’’ and ‘‘damage from submit the following information property risks’’ to incorporate into its shoreline erosion’’ to improve collection request to the Office of recommendations. understanding. Management and Budget (OMB) for In 2016, the CRCH recommended the • Questions 14h and 14i were review and clearance in accordance development of a ‘‘comprehensive, removed based on pre-test results to with the Paperwork Reduction Act of integrated New Hampshire Coastal reduce burden without decreasing data 1995, on or after the date of publication Shoreline Management Plan (CSMP) quality. • of this notice. We invite the general that presents general priorities for Questions 16–21 originally asked public and other Federal agencies to coastal shoreline management, as well respondents to indicate their preference comment on proposed, and continuing as site-specific and place-based to six unique policy options, but now information collections, which helps us strategies including, where appropriate, respondents are asked to compare three assess the impact of our information protection, adaptation, and sets of unique policy options. Pre-test collection requirements and minimize abandonment.’’ Following a New results suggested that respondents the public’s reporting burden. Public Hampshire Shoreline Management would prefer to compare policies rather comments were previously requested workshop organized by GBNERR in than rate them individually, and via the Federal Register on April 26, 2014 and consistent with CRHC comparing three sets of policy options 2021 (86 FR 22034) during a 60-day Recommendation BL6, NHCP has should reduce burden while increasing prioritized living shoreline assessment data quality. comment period. This notice allows for • an additional 30 days for public and implementation in its five-year Question 22b: This question is now comments. strategy to enhance coastal management asked after each policy comparison (309 Strategy, 2015) and set a longer instead of once to improve data quality. Agency: National Oceanic & • Atmospheric Administration, term goal to develop a Tidal Shoreline Question 22f: ‘‘a public vote or Commerce. Management Plan (TSMP) for New referendum’’ was replaced with ‘‘being Title: Economic Analysis of Shoreline Hampshire. considered by the New Hampshire Treatment Options for Coastal New The National Ocean Service (NOS) legislature’’ to convey the same Hampshire. proposes to collect economic data to information, but using region-specific OMB Control Number: 0648–0788. document perceived effects of weather terminology, which should increase Form Number(s): None. and climate events and adaptation data quality. Type of Request: Regular submission strategies, to assess probable public • Question 22: An additional [revision of a current information benefits that would be derived from statement was added to capture collection]. shoreline treatment options within potentially invalid responses due to Number of Respondents: 2,701. coastal New Hampshire, and to establish ‘‘scenario rejection,’’ which should Average Hours per Response: a baseline for future monitoring of increase data quality. Pretest—17 minutes; Full survey—20 NOAA’s success in meeting its • Question 23: The question and minutes; Non-response survey—5 mandates and obligations. response option phrasings have been minutes. Respondents will be randomly updated to reflect the modified choice Total Annual Burden Hours: 824. sampled from households (1) within experiment. Needs and Uses: This is a request for New Hampshire, (2) within block • Question 30: The year has been a revision to information collection groups in Maine adjacent to the updated from 2019 to 2020 when asking 0648–0788, sponsored by the National Piscataqua River, and (3) within block about the previous year’s household Oceanic and Atmospheric groups in Massachusetts adjacent to the income. Administration (NOAA) National Center Hampton-Seabrook Estuary. Questions • A question has been added to ask for Coastal Ocean Science (NCCOS). will explore such issues as participation how long the respondent has been a
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resident of their current state. 1. Broadband Infrastructure Program: These webinars are subject to change. Respondents who have recently moved Æ August 4 & 5 at 2:30 p.m. Eastern Webinar time changes will be posted on within their state may have different Daylight Time (EDT) the BroadbandUSA website, https:// opinions than those who have recently 2. Tribal Broadband Connectivity broadbandusa.ntia.doc.gov, under moved from out-of-state, so this Program: Events. Any webinar cancellation will additional question should increase data Æ August 11 & 12 at 2:30 p.m. EDT also be posted on the same website. Any quality. Æ August 23 & 24 at 2:30 p.m. EDT date change in a scheduled webinar will Affected Public: Individuals or 3. Connecting Minority Communities be provided in a notice in the Federal households. Pilot Program: Register. Frequency: Once. Æ August 18 & 19 at 2:30 p.m. EDT The presentation and recording of Respondent’s Obligation: Voluntary. Æ each webinar will be posted on the Legal Authority: This information September 22 & 23 at 2:30 EDT Æ October 20 & 21 at 2:30 EDT BroadbandUSA website at https:// collection request may be viewed at broadbandusa.ntia.doc.gov/ and NTIA’s ADDRESSES: These are virtual meetings. www.reginfo.gov. Follow the YouTube channel at: https:// NTIA will post the registration instructions to view the Department of www.youtube.com/ntiagov within 7 information on its BroadbandUSA Commerce collections currently under days following the live webinar. website, https:// review by OMB. The public is invited to participate in broadbandusa.ntia.doc.gov, under Written comments and these webinars. The webinars are open Events. recommendations for the proposed to the public and press. Pre-registration information collection should be FOR FURTHER INFORMATION CONTACT: is required as space is limited to the first submitted within 30 days of the Maci Morin, National 1,000 participants. NTIA asks each publication of this notice on the Telecommunications and Information registrant to provide their first and last following website www.reginfo.gov/ Administration, U.S. Department of name, city, state, zip code, job title, public/do/PRAMain. Find this Commerce, Room 4872, 1401 organization and email address for particular information collection by Constitution Avenue NW, Washington, registration purposes. selecting ‘‘Currently under 30-day DC 20230; telephone: (202) 482–4884; Individuals requiring Review—Open for Public Comments’’ or email: BroadbandUSAwebinars@ accommodations, such as sign language by using the search function and ntia.gov. Please direct media inquiries interpretation or other ancillary aids, are entering either the title of the collection to NTIA’s Office of Public Affairs, (202) asked to notify the NTIA contact listed or the OMB Control Number 0648–0788. 482–7002; email [email protected]. above at least ten (10) business days Sheleen Dumas, SUPPLEMENTARY INFORMATION: Division before the meeting. General questions Department PRA Clearance Officer, Office of N, Title IX—Broadband internet Access and comments are welcome via email to the Chief Information Officer, Commerce Service, of the Consolidated [email protected]. Department. Appropriations Act, 2021 (Pub. L. 116– Dated: June 30, 2021. [FR Doc. 2021–14354 Filed 7–2–21; 8:45 am] 260) authorized and funded three new Kathy Smith, BILLING CODE 3510–JE–P broadband grant programs to be Chief Counsel, National Telecommunications administered by NTIA: The Broadband and Information Administration. Infrastructure Program, the Tribal [FR Doc. 2021–14332 Filed 7–2–21; 8:45 am] DEPARTMENT OF COMMERCE Broadband Connectivity Program, and BILLING CODE 3510–60–P the Connecting Minority Community National Telecommunications and Pilot Program. On March 19, 2021, Information Administration NTIA published a Notice in the Federal CONSUMER PRODUCT SAFETY Broadband Grant Programs Webinar Register announcing a webinar series COMMISSION Series designed to help prospective applicants understand the grant programs and to AGENCY: National Telecommunications assist applicants to prepare high quality Sunshine Act Meeting Notice and Information Administration, U.S. grant applications. See NTIA, Notice of TIME AND DATE: Wednesday, July 14, Department of Commerce. Open Meetings—NTIA Broadband Grant 2021; 10 a.m. ACTION: Notice of open meetings. Programs Webinars, 86 FR 14882 (March 19, 2021); NTIA, Notice of PLACE: This meeting will be conducted SUMMARY: The National Change to Schedule for Open by remote means. Telecommunications and Information Meetings—NTIA Broadband Grant STATUS: Commission Meeting—Closed Administration (NTIA) will host Programs Webinars, 86 FR 18965 (April to the Public. webinars in connection with the three 12, 2021). NTIA held six webinars MATTER TO BE CONSIDERED: Decisional new broadband grant programs related to these programs, with more Matter. authorized and funded by the than 2,800 participants. Participants CONTACT PERSON FOR MORE INFORMATION: Consolidated Appropriations Act, 2021: have communicated that they found the The Broadband Infrastructure Program, Alberta E. Mills, Secretary, Division of webinars to be informative in the Secretariat, Office of the General the Tribal Broadband Connectivity understanding the rules associated with Program, and the Connecting Minority Counsel, U.S. Consumer Product Safety the programs. NTIA seeks to continue to Commission, 4330 East West Highway, Communities Pilot Program. The use webinars as a means of informing webinars are designed to help Bethesda, MD 20814, (301) 504–7479 potential applicants. (Office) or 240–863–8938 (cell). prospective applicants understand the Details on specific webinars, their grant programs and to assist applicants contents, and webinar registration Dated: June 30, 2021. to prepare high quality grant information will be posted on the Alberta E. Mills, applications. BroadbandUSA website, https:// Secretary. DATES: NTIA will offer webinars on the broadbandusa.ntia.doc.gov, under [FR Doc. 2021–14405 Filed 7–1–21; 11:15 am] following dates: Events. BILLING CODE 6355–01–P
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CONSUMER PRODUCT SAFETY SW, Washington, DC 20585, by fax at certified companies from their COMMISSION 202–287–6093, or by email at competitors. This request for [email protected]. information consists of a voluntary data Sunshine Act Meetings Notice FOR FURTHER INFORMATION CONTACT: collection process for SEP participation: Requests for additional information or To manage participation, track TIME AND DATE: Wednesday July 7, 2021; copies of the information collection certification cycles, and relay the costs 10 a.m. instrument and instructions should be and benefits of SEP certification to PLACE: This meeting will be conducted directed to Ethan Rogers, EE–5A/ industry. 50001 Ready collects a lesser by remote means. Forrestal Building, 1000 Independence amount of self-attested information to STATUS: Commission Meeting—Closed Avenue SW, Washington, DC 20585, by manage and track recognition cycles and to the Public. fax at 202–287–6093, or by email at to recognize the achievements of its MATTER TO BE CONSIDERED: Decisional [email protected]. participants. Four types of information are Matter. SUPPLEMENTARY INFORMATION: Comments collected from SEP 50001’s primary TIME AND DATE: Wednesday, July 7, 2021; are invited on: (a) Whether the approved participants: (1) Background data, 11 a.m. collection of information remains including contact information and basic PLACE: This meeting will be conducted necessary for the proper performance of information about the facility’s by remote means. the functions of the agency, including experience with energy management— STATUS: Commission Meeting—Closed whether the information shall have collected in the SEP 50001 Application to the Public. practical utility; (b) the accuracy of the Form; (2) Basic facility information MATTER TO BE CONSIDERED: Briefing agency’s estimate of the burden of the about its energy use, energy Matter. proposed collection of information, consumption, and energy performance including the validity of the CONTACT PERSON FOR MORE INFORMATION: indicators—also collected in the SEP methodology and assumptions used; (c) Alberta E. Mills, Secretary, Division of 50001 Application Form; (3) ways to enhance the quality, utility, and the Secretariat, Office of the General Information on energy performance clarity of the information to be Counsel, U.S. Consumer Product Safety improvement in certified facilities— collected; and (d) ways to minimize the Commission, 4330 East West Highway, collected in the SEP 50001 Energy burden of the collection of information Bethesda, MD 20814, (301) 504–7479 Performance Improvement Report. on respondents. 50001 Ready collects only a subset of (Office) or 240–863–8938 (cell). This information collection request Dated: June 30, 2021. the same types of information in contains: categories (1), (2), and (3), and without Alberta E. Mills, (1) OMB No.: 1910–5177. the need for external audit. The (2) Information Collection Request Secretary. program’s online system, the 50001 Title: Department of Energy Superior [FR Doc. 2021–14404 Filed 7–1–21; 11:15 am] Ready Navigator, enables participants to Energy Performance 50001 Program BILLING CODE 6355–01–P submit this information. Certification and 50001 Ready Background data will primarily be Recognition Information Collection used to track basic information about DEPARTMENT OF ENERGY Request; SEP and 50001 Ready participants and (3) Type of Request: Renewal; identify opportunities to provide (4) Purpose: This Information Extension of Approved Information participants with technical assistance. Collection Request applies to the Collection Basic information about a facility’s Department of Energy (DOE) voluntary energy use, energy consumption, and AGENCY: Office of Energy Efficiency and ISO 50001 programs for industrial energy performance indicators will be Renewable Energy, Department of facilities: Superior Energy Performance used to administer each program. Energy. 50001TM (SEP 50001TM) and 50001 Information on energy performance ACTION: Notice and request for ReadyTM recognition. The information improvement will be used by DOE to comments. being collected remains necessary to manage and track participation cycles, ensure that DOE’s ISO 50001 programs and to track the results of participating SUMMARY: The Department of Energy continue to deliver energy benefits and in SEP and 50001 Ready. Responses to (DOE) invites public comment on the value to program participants. SEP the DOE’s Information Collection renewal of collection of information that 50001 is an energy efficiency DOE is developing for submission to the Request will be voluntary. certification and recognition program (5) Annual Estimated Number of Office of Management and Budget for industrial facilities demonstrating (OMB) pursuant to the Paperwork Respondents: 233; energy management excellence with ISO (6) Annual Estimated Number of Reduction Act of 1995. The renewal of 50001 and third-party verification of the collection of information relates to Total Responses: 233; energy savings. 50001 Ready recognition (7) Annual Estimated Number of DOE’s Superior Energy Performance is a self-attestation of the certification and 50001 Ready Burden Hours: 333. implementation of an ISO 50001 energy (8) Annual Estimated Reporting and recognition programs. management system without the need Recordkeeping Cost Burden: $25,120. DATES: Comments regarding this for external audits. Statutory Authority: Accelerating proposed information collection must SEP 50001 builds on the ISO 50001 Investment in Industrial Energy be received on or before September 7, energy management system standard Efficiency. Executive Order 13624, 77 2021. If you anticipate difficulty in and provides a rigorous, internationally FR 54779 (Aug. 30, 2012); 42 U.S.C. submitting comments within that recognized business process for 16191. period, contact the person listed in companies to continually improve their Signing Authority: This document of ADDRESSES as soon as possible. energy performance. The SEP third- the Department of Energy was signed on ADDRESSES: Written comments may be party verification of energy performance June 28, 2021, by Michael McKittrick, sent to Ethan Rogers, EE–5A/Forrestal improvement is unique in the Acting Director, Advanced Building, 1000 Independence Avenue marketplace and assists to differentiate Manufacturing Office, Office of Energy
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Efficiency and Renewable Energy, agency’s estimate of the burden of the DEPARTMENT OF ENERGY pursuant to delegated authority from the proposed collection of information, Secretary of Energy. That document including the validity of the Advanced Scientific Computing with the original signature and date is methodology and assumptions used; (c) Advisory Committee maintained by DOE. For administrative ways to enhance the quality, utility, and purposes only, and in compliance with clarity of the information to be AGENCY: Office of Science, Department requirements of the Office of the Federal collected; and (d) ways to minimize the of Energy. Register, the undersigned DOE Federal burden of the collection of information ACTION: Notice of renewal. Register Liaison Office has been on respondents, including through the authorized to sign and submit the use of automated collection techniques document in electronic format for SUMMARY: Pursuant to the Federal or other forms of information Advisory Committee Act, and in publication, as an official document of technology. the Department of Energy. This accordance with Title 41 of the Code of administrative process in no way alters This information collection request Federal Regulations, and following the legal effect of this document upon contains: consultation with the Committee publication in the Federal Register. (1) OMB No.: New; Management Secretariat, General Services Administration, notice is Signed in Washington, DC, on June 30, (2) Information Collection Request hereby given that the Advanced 2021. Title: Realty—Application for Proposed Scientific Computing Advisory Treena V. Garrett, Use of BPA Right-of-Way; Committee will be renewed for a two- Federal Register Liaison Officer, U.S. (3) Type of Request: New; Department of Energy. year period beginning on June 28, 2021. [FR Doc. 2021–14333 Filed 7–2–21; 8:45 am] (4) Purpose: This information The Committee will provide advice to BILLING CODE 6450–01–P collection is associated with BPA’s the Director, Office of Science (DOE), on management and oversight of the Advanced Scientific Computing applications for public use of BPA right- Research Program managed by the DEPARTMENT OF ENERGY of way. The general public completes Office of Advanced Scientific the following form: BPA F4300.03e; Computing Research. Additionally, the Proposed Agency Information renewal of the Advanced Scientific Collection: Realty—Application for (5) Estimated Number of Respondents: 400; Computing Advisory Committee has Proposed Use of Right-of-Way been determined to be essential to the (6) Annual Estimated Number of conduct of the Department of Energy AGENCY: Bonneville Power Respondents: 400; Administration, Department of Energy. business and to be in the public interest (7) Annual Estimated Number of ACTION: Notice of information collection; in connection with the performance of request for comments. Burden Hours: 200; duties imposed upon the Department of (8) Annual Estimated Reporting and Energy, by law and agreement. The SUMMARY: The Department of Energy Recordkeeping Cost Burden: 0; Committee will operate in accordance (DOE), Bonneville Power with the provisions of the Federal Statutory Authority: 16 U.S.C. 832a(c). Administration (BPA), invites public Advisory Committee Act, adhering to comment on a collection of information Signing Authority: This document of the rules and regulations in that BPA is developing for submission the Department of Energy was signed on implementation of that Act. to the Office of Management and Budget June 24, 2021, by Candice D. Palen, (OMB) pursuant to the Paperwork Information Collection Clearance FOR FURTHER INFORMATION CONTACT: Reduction Act of 1995. Manager, Bonneville Power Christine Chalk at (301) 903–5152 or DATES: Comments regarding this Administration, pursuant to delegated email: [email protected]. proposed information collection must authority from the Secretary of Energy. Signing Authority be received on or before September 15, That document with the original 2021. signature and date is maintained by This document of the Department of ADDRESSES: Written comments may be DOE. For administrative purposes only, Energy was signed on June 29, 2021, by sent to Bonneville Power and in compliance with requirements of Miles Fernandez, Acting Committee Administration, Attn: Theodore the Office of the Federal Register, the Management Officer, pursuant to Rydmark, Privacy Program, CGI–7, P.O. undersigned DOE Federal Register delegated authority from the Secretary Box 3621, Portland, OR 97208–3621, or Liaison Officer has been authorized to of Energy. That document with the by email at [email protected]. sign and submit the document in original signature and date is FOR FURTHER INFORMATION CONTACT: electronic format for publication, as an maintained by DOE. For administrative Requests for additional information or official document of the Department of purposes only, and in compliance with copies of the information collection Energy. This administrative process in requirements of the Office of the Federal instrument and instructions should be no way alters the legal effect of this Register, the undersigned DOE Federal directed to Attn: Theodore Rydmark, document upon publication in the Register Liaison Officer has been Privacy Program, by email at privacy@ Federal Register. authorized to sign and submit the bpa.gov, or by phone at 503–230–5253. Signed in Washington, DC, on June 30, document in electronic format for SUPPLEMENTARY INFORMATION: Comments 2021. publication, as an official document of are invited on: (a) Whether the proposed the Department of Energy. This Treena V. Garrett, collection of information is necessary administrative process in no way alters for the proper performance of the Federal Register Liaison Officer, U.S. the legal effect of this document upon Department of Energy. functions of the agency, including publication in the Federal Register. whether the information shall have [FR Doc. 2021–14334 Filed 7–2–21; 8:45 am] practical utility; (b) the accuracy of the BILLING CODE 6450–01–P
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Signed in Washington, DC, on June 30, Jefferson Clinton Bldg., Rm. 3334, 1301 Act, EPA’s determination included an 2021. Constitution Ave. NW, Washington, DC. assessment of unreasonable risk to a Treena V. Garrett, The Public Reading Room is open from potentially exposed or susceptible Federal Register Liaison Officer, U.S. 8:30 a.m. to 4:30 p.m., Monday through subpopulation identified by the Agency Department of Energy. Friday, excluding legal holidays. The for the specific conditions of use [FR Doc. 2021–14274 Filed 7–2–21; 8:45 am] telephone number for the Public identified in the applications. BILLING CODE 6450–01–P Reading Room is (202) 566–1744, and EPA has denied the following TMEs the telephone number for the OPPT because EPA was unable to determine Docket is (202) 566–0280. that test marketing the new chemicals, ENVIRONMENTAL PROTECTION Please note that due to the public under the conditions in the TME AGENCY health emergency the EPA Docket applications will not present any Center (EPA/DC) and Reading Room unreasonable risk of injury to health or [EPA–HQ–OPPT–2019–0578; FRL–10004– was closed to public visitors on March the environment. For those TMEs for 31] 31, 2020. Our EPA/DC staff will which EPA made this denial after TSCA continue to provide customer service Approvals and Denials of Test was amended in June 2016, EPA’s via email, phone, and webform. For Marketing Exemptions for Certain New determination included an assessment further information on EPA/DC services, Chemicals Under TSCA of unreasonable risk to a potentially docket contact information and the exposed or susceptible subpopulation AGENCY: Environmental Protection current status of the EPA/DC and identified by the Agency for the specific Agency (EPA). Reading Room, please visit https:// conditions of use identified in the ACTION: Notice. www.epa.gov/dockets. applications. II. What is the Agency’s authority for SUMMARY: This document provides TME–13–0004 taking this action? notification of EPA’s approvals and Date of Receipt: November 26, 2012. denials of applications for test TSCA section 5(h)(1) authorizes EPA Notice of Receipt: December 26, 2012 marketing exemptions (TMEs) to exempt persons from premanufacture (77 FR 76029; FRL–9373–1). submitted under the Toxic Substances notification (PMN) requirements and Control Act (TSCA) for certain new permit them to manufacture (which TME–13–0091 chemicals. The test marketing includes import) new chemicals for test Date of Receipt: August 22, 2013. conditions are described in the TME marketing purposes, if the Agency finds Notice of Receipt: June 9, 2014 (79 FR applications and in this document. that the manufacture, processing, 32939; FRL–9910–70). distribution in commerce, use, and FOR FURTHER INFORMATION CONTACT: For TME–16–0004 technical information contact: Meg disposal of the chemicals for test Victor, New Chemicals Division marketing purposes will not present any Date of Receipt: November 3, 2015. (7405M), Office of Pollution Prevention unreasonable risk of injury to health or Notice of Receipt: January 12, 2016 and Toxics, Environmental Protection the environment, including an (81 FR 1415; FRL–9940–47). Agency, 1200 Pennsylvania Ave. NW, unreasonable risk to a potentially TME–16–0005 Washington, DC 20460–0001; telephone exposed or susceptible subpopulation Date of Receipt: November 3, 2015. number: (202) 343–9193; email address: identified by the Administrator for the Notice of Receipt: January 12, 2016 [email protected]. specific conditions of use identified in (81 FR 1415; FRL–9940–47). For general information contact: The the applications. The requirement to TSCA-Hotline, ABVI-Goodwill, 422 consider risks to a potentially exposed TME–16–0013 or susceptible subpopulation was added South Clinton Ave., Rochester, NY Date of Receipt: December 15, 2015. 14620; telephone number: (202) 554– to TSCA section 5(h)(1) in 2016. EPA’s regulations implementing TSCA section Notice of Receipt: February 11, 2016 1404; email address: TSCA-Hotline@ (81 FR 7337; FRL–9942–09). epa.gov. 5(h)(1) are found at 40 CFR 720.38. TSCA section 5(h)(6) requires EPA to TME–16–0014 SUPPLEMENTARY INFORMATION: publish in the Federal Register notice of Date of Receipt: December 15, 2015. receipt of an application for a TME and I. General Information Notice of Receipt: February 11, 2016 of the disposition of the application. (81 FR 7337; FRL–9942–09). A. Does this action apply to me? The implementing regulation (40 CFR This action may be of interest to the 720.38(d)) indicates that EPA will TME–16–0015 chemical manufacturers and/or publish a notice in the Federal Register Date of Receipt: December 15, 2015. importers who submitted the TMEs to explaining the reasons for approval or Notice of Receipt: February 11, 2016 EPA and to the public in general. The denial. (81 FR 7337; FRL–9942–09). Agency has not attempted to describe all III. What action is the Agency taking? the specific entities that may be affected TME–17–0002 by this action. EPA is publishing this document to Date of Receipt: November 17, 2016. announce TME approvals and denials. Notice of Receipt: N/A. B. How can I get copies of this document EPA determined that test marketing the and other related information? new chemicals, under the conditions in TME–17–0003 The docket for this action, identified the TME applications, will not present Date of Receipt: April 5, 2017. by docket identification (ID) number any unreasonable risk of injury to health Notice of Receipt: July 7, 2017 (82 FR EPA–HQ–OPPT–2019–0578, is available or the environment; the Agency 31598; FRL–9962–98). at http://www.regulations.gov or at the approved the TMEs listed in Unit IV. Office of Pollution Prevention and For those TMEs for which EPA made TME–17–0004 Toxics Docket (OPPT Docket), this approval after TSCA was amended Date of Receipt: April 5, 2017. Environmental Protection Agency in June 2016 by the Lautenberg Notice of Receipt: July 7, 2017 (82 FR Docket Center (EPA/DC), West William Chemical Safety for the 21st Century 31598; FRL–9962–98).
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TME–17–0005 Production Volume: CBI. Production Volume: CBI. Date of Receipt: April 5, 2017. Number of Customers: CBI. Number of Customers: CBI. Notice of Receipt: July 7, 2017 (82 FR Test Marketing Period: CBI days, Test Marketing Period: Forty-five 31598; FRL–9962–98). commencing on first day of commercial days, commencing on first day of manufacture. commercial manufacture. TME–17–0006 TME–12–0010 TME–13–0003 Date of Receipt: April 5, 2017. Notice of Receipt: July 7, 2017 (82 FR Date of Receipt: April 18, 2012. Date of Receipt: November 12, 2012. 31598; FRL–9962–98). Notice of Receipt: N/A. Notice of Receipt: December 26, 2012 Applicant: CBI. (77 FR 76029; FRL–9373–1). TME–17–0007 Chemical: (Generic) alkyl thiol, Applicant: Cytec Industries, Inc. Date of Receipt: April 5, 2017. manuf. of, by-products from, distn. Chemical: (Generic) Alkenoic acid, Notice of Receipt: July 7, 2017 (82 FR lights. reaction product with alkylpolyol, 31598; FRL–9962–98). Use: (Generic) Intermediate in the polymers with substituted production of a commercial product. heteromonocycle. TME–17–0008 Production Volume: CBI. Use: (Generic) Coating resin. Date of Receipt: April 5, 2017. Number of Customers: CBI. Production Volume: CBI. Notice of Receipt: July 7, 2017 (82 FR Test Marketing Period: CBI days, Number of Customers: CBI. 31598; FRL–9962–98). commencing on first day of commercial Test Marketing Period: Forty-five manufacture. days, commencing on first day of TME–17–0009 commercial manufacture. TME–12–0014 Date of Receipt: April 13, 2017. TME–13–0007 Notice of Receipt: July 7, 2017 (82 FR Date of Receipt: August 27, 2012. 31598; FRL–9962–98). Notice of Receipt: October 10, 2012 Date of Receipt: January 31, 2013. (77 FR 61600; FRL–9363–2). Notice of Receipt: March 22, 2013 (78 TME–17–0010 Applicant: Cytec Industries, Inc. FR 17656; FRL–9380–1). Date of Receipt: April 13, 2017. Chemical: (Generic) Substituted Applicant: H.B. Fuller Company. Notice of Receipt: July 7, 2017 (82 FR heteromonocycle, polymer with Chemical: (Generic) Fatty acids, C18- 31598; FRL–9962–98). substituted alkane and substituted unsatd., dimers, polymers with alkane alkanediol, alkanoic acid substituted acid, 1,6-hexanediol, 1,1′- TME–17–0011 ester and substituted heteromonocyle methylenebis[4-isocyanatobenzene] and Date of Receipt: April 13, 2017. homopolymer. neopentyl glycol. Notice of Receipt: July 7, 2017 (82 FR Use: Coating resin. Use: (Generic) Industrial adhesive. 31598; FRL–9962–98). Production Volume: CBI. Production Volume: CBI. Number of Customers: CBI. Number of Customers: CBI. TME–17–0012 Test Marketing Period: Forty-five Test Marketing Period: CBI days, Date of Receipt: April 19, 2017. days, commencing on first day of commencing on first day of commercial Notice of Receipt: July 7, 2017 (82 FR commercial manufacture. manufacture. 31598; FRL–9962–98). TME–13–0001 TME–13–0008 TME–17–0013 Date of Receipt: October 22, 2012. Date of Receipt: February 19, 2013. Date of Receipt: April 19, 2017. Notice of Receipt: December 14, 2012 Notice of Receipt: May 15, 2013 (78 Notice of Receipt: July 7, 2017 (82 FR (77 FR 74473; FRL–9338–5). FR 28586; FRL–9383–9). 31598; FRL–9962–98). Applicant: Cytec Industries, Inc. Applicant: Cytec Industries, Inc. Chemical: (Generic) Alkenoic acid, Chemical: (Generic) Alkenoic acid, TME–18–0002 ester with alkylpolyol, polymer with polymer with alkadiene and Date of Receipt: January 26, 2018. disubstituted alkane. alkenenitrile, substituted alkyl- Notice of Receipt: May 24, 2018 (83 Use: (Generic) Coating resin. terminated, polymers with substituted FR 24110; FRL–9977–48). Production Volume: CBI. carbomonocycles, alkoxy-terminated- Number of Customers: CBI. substituted alkyl-alkadiene polymer, IV. What restrictions apply to the Test Marketing Period: Forty-five substituted carbomonocycle and approved TMEs? days, commencing on first day of halogen substituted carbomonocycle. The test market time period, commercial manufacture. Use: (Generic) Resin for non- production volume, number of dispersive uses. TME–13–0002 customers, and use must not exceed Production Volume: CBI. specifications in the applications. All Date of Receipt: November 1, 2012. Number of Customers: CBI. other conditions and restrictions Notice of Receipt: December 26, 2012 Test Marketing Period: Forty-five described in the applications and in this (77 FR 76029; FRL–9373–1). days, commencing on first day of document must also be met. Applicant: Cytec Industries, Inc. commercial manufacture. Chemical: (Generic) Alkenenitrile, TME–12–0009 polymer with alkadiene, substituted TME–13–0009 Date of Receipt: April 18, 2012. alkyl-terminated, polymers with Date of Receipt: February 19, 2013. Notice of Receipt: N/A. substituted carbonomocycles, alkoxy- Notice of Receipt: May 15, 2013 (78 Applicant: CBI. terminated-substituted alkyl-alkadiene FR 28586; FRL–9383–9). Chemical: (Generic) Alkyl thiol, polymer, substituted carbomonocycle Applicant: CBI. manuf. of, by-products from, distn. and halogen substituted Chemical: (Generic) Furandione lights. carbomonocycle. derivative reaction products. Use: (Generic) Intermediate in the Use: (Generic) Resin for non- Use: (Generic) Production aid in production of a commercial product. dispersive use. refinery operations.
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Production Volume: CBI. Notice of Receipt: June 9, 2014 (79 FR Test Marketing Period: CBI days, Number of Customers: CBI. 32939; FRL–9910–70). commencing on first day of commercial Test Marketing Period: CBI days, Applicant: CBI. manufacture. commencing on first day of commercial Chemical: (Generic) Cycloalkylamino TME–13–0061 manufacture. oleylalkyl alkylamide acid salt. Use: (Generic) Inhibitor for oil field Date of Receipt: August 12, 2013. TME–13–0010 applications. Notice of Receipt: June 9, 2014 (79 FR Date of Receipt: May 6, 2013. Production Volume: CBI. 32939; FRL–9910–70). Notice of Receipt: June 9, 2014 (79 FR Number of Customers: CBI. Applicant: CBI. 32939; FRL–9910–70). Test Marketing Period: CBI days, Chemical: (Generic) Cycloalkylamino Applicant: CBI. commencing on first day of commercial cocoalkyl alkylamide acid salt. Chemical: (Generic) Alpha-olefins, manufacture. Use: (Generic) Inhibitor for oil field polymers with maleic anhydride, alkyl applications. esters. TME–13–0057 Production Volume: CBI. Use: (Generic) Crude oil additive. Date of Receipt: August 7, 2013. Number of Customers: CBI. Production Volume: CBI. Notice of Receipt: June 9, 2014 (79 FR Test Marketing Period: CBI days, Number of Customers: CBI. 32939; FRL–9910–70). commencing on first day of commercial Test Marketing Period: CBI days, Applicant: CBI. manufacture. commencing on first day of commercial Chemical: (Generic) Cycloalkylamino TME–13–0062 manufacture. oleylalkyl alkylamide acid salt. Use: (Generic) Inhibitor for oil field Date of Receipt: August 12, 2013. TME–13–0053 applications. Notice of Receipt: June 9, 2014 (79 FR Date of Receipt: August 14, 2013. Production Volume: CBI. 32939; FRL–9910–70). Notice of Receipt: June 9, 2014 (79 FR Number of Customers: CBI. Applicant: CBI. 32939; FRL–9910–70). Test Marketing Period: CBI days, Chemical: (Generic) Cycloalkylamino Applicant: CBI. commencing on first day of commercial cocoalkyl alkylamide acid salt. Chemical: (Generic) Amine capped manufacture. Use: (Generic) Inhibitor for oil field fatty acid dimer polyamide. applications. Use: (Generic) Component in drilling TME–13–0058 Production Volume: CBI. fluids; (Generic) Component in resin Date of Receipt: August 7, 2013. Number of Customers: CBI. coatings. Notice of Receipt: June 9, 2014 (79 FR Test Marketing Period: CBI days, Production Volume: CBI. 32939; FRL–9910–70). commencing on first day of commercial Number of Customers: CBI. Applicant: CBI. manufacture. Test Marketing Period: CBI days, Chemical: (Generic) Cycloalkylamino TME–13–0063 commencing on first day of commercial oleylalkyl alkylamide acid salt. manufacture. Use: (Generic) Inhibitor for oil field Date of Receipt: August 12, 2013. applications. Notice of Receipt: June 9, 2014 (79 FR TME–13–0054 Production Volume: CBI. 32939; FRL–9910–70). Date of Receipt: August 7, 2013. Number of Customers: CBI. Applicant: CBI. Notice of Receipt: June 9, 2014 (79 FR Test Marketing Period: CBI days, Chemical: (Generic) Cycloalkylamino 32939; FRL–9910–70). commencing on first day of commercial cocoalkyl alkylamide acid salt. Applicant: CBI. manufacture. Use: (Generic) Inhibitor for oil field Chemical: (Generic) Cycloalkylamino applications. oleylalkyl alkylamide acid salt. TME–13–0059 Production Volume: CBI. Use: (Generic) Inhibitor for oil field Date of Receipt: August 7, 2013. Number of Customers: CBI. applications. Notice of Receipt: June 9, 2014 (79 FR Test Marketing Period: CBI days, Production Volume: CBI. 32939; FRL–9910–70). commencing on first day of commercial Number of Customers: CBI. Applicant: CBI. manufacture. Test Marketing Period: CBI days, Chemical: (Generic) Cycloalkylamino TME–13–0064 commencing on first day of commercial oleylalkyl alkylamide acid salt. manufacture. Use: (Generic) Inhibitor for oil field Date of Receipt: August 12, 2013. applications. Notice of Receipt: June 9, 2014 (79 FR TME–13–0055 Production Volume: CBI. 32939; FRL–9910–70). Date of Receipt: August 7, 2013. Number of Customers: CBI. Applicant: CBI. Notice of Receipt: June 9, 2014 (79 FR Test Marketing Period: CBI days, Chemical: (Generic) Cycloalkylamino 32939; FRL–9910–70). commencing on first day of commercial cocoalkyl alkylamide acid salt. Applicant: CBI. manufacture. Use: (Generic) Inhibitor for oil field Chemical: (Generic) Cycloalkylamino applications. oleylalkyl alkylamide acid salt. TME–13–0060 Production Volume: CBI. Use: (Generic) Inhibitor for oil field Date of Receipt: August 12, 2013. Number of Customers: CBI. applications. Notice of Receipt: June 9, 2014 (79 FR Test Marketing Period: CBI days, Production Volume: CBI. 32939; FRL–9910–70). commencing on first day of commercial Number of Customers: CBI. Applicant: CBI. manufacture. Test Marketing Period: CBI days, Chemical: (Generic) Cycloalkylamino TME–13–0065 commencing on first day of commercial cocoalkyl alkylamide acid salt. manufacture. Use: (Generic) Inhibitor for oil field Date of Receipt: August 12, 2013. applications. Notice of Receipt: June 9, 2014 (79 FR TME–13–0056 Production Volume: CBI. 32939; FRL–9910–70). Date of Receipt: August 7, 2013. Number of Customers: CBI. Applicant: CBI.
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Chemical: (Generic) Cycloalkylamino Notice of Receipt: March 19, 2015 (80 TME–15–0011 cocoalkyl alkylamide acid salt. FR 14374; FRL–9924–61). Date of Receipt: June 24, 2015. Use: (Generic) Inhibitor for oil field Applicant: CBI. Notice of Receipt: August 14, 2015 (80 Chemical: (Generic) applications. FR 48855; FRL–9931–82). Alkylaminopropanamide, N- Production Volume: CBI. Applicant: CBI. Number of Customers: CBI. [dialkylamino-propyl], salt. Chemical: (Generic) Dialkylamino Test Marketing Period: CBI days, Use: (Generic) Oil production. alkylamide salt. commencing on first day of commercial Production Volume: CBI. Use: (Generic) Oil production. manufacture. Number of Customers: CBI. Test Marketing Period: CBI days, Production Volume: CBI. TME–14–0002 commencing on first day of commercial Number of Customers: CBI. Test Marketing Period: CBI days, Date of Receipt: January 10, 2014. manufacture. commencing on first day of commercial Notice of Receipt: June 9, 2014 (79 FR TME–15–0005 32939; FRL–9910–70). manufacture. Applicant: CBI. Date of Receipt: January 8, 2015. TME–15–0012 Chemical: (Generic) Modified Notice of Receipt: March 19, 2015 (80 Date of Receipt: June 24, 2015. essential oil. FR 14374; FRL–9924–61). Use: (Generic) Highly dispersive use. Applicant: CBI. Notice of Receipt: August 14, 2015 (80 Production Volume: CBI. Chemical: (Generic) FR 48855; FRL–9931–82). Number of Customers: CBI Alkylaminopropanamide, N- Applicant: CBI. Test Marketing Period: CBI days, [dialkylamino-propyl], salt. Chemical: (Generic) Dialkylamino commencing on first day of commercial Use: (Generic) Oil production. alkylamide salt. manufacture. Production Volume: CBI. Use: (Generic) Oil production. Number of Customers: CBI. Production Volume: CBI. TME–14–0003 Test Marketing Period: CBI days, Number of Customers: CBI. Date of Receipt: March 7, 2014. commencing on first day of commercial Test Marketing Period: CBI days, Notice of Receipt: June 9, 2014 (79 FR manufacture. commencing on first day of commercial manufacture. 32939; FRL–9910–70). TME–15–0006 Applicant: CBI. TME–15–0013 Chemical: (Generic) Substituted acid, Date of Receipt: January 8, 2015. electrophilic aromatic substitution Notice of Receipt: March 19, 2015 (80 Date of Receipt: June 24, 2015. products. FR 14374; FRL–9924–61). Notice of Receipt: August 14, 2015 (80 Applicant: CBI. Use: (Generic) Foam suppressant. FR 48855; FRL–9931–82). Chemical: (Generic) Production Volume: CBI. Applicant: CBI. Number of Customers: CBI. Alkylaminopropanamide, N- Chemical: (Generic) Dialkylamino Test Marketing Period: CBI days, [dialkylamino-propyl], salt. alkylamide salt. Use: (Generic) Oil production. commencing on first day of commercial Use: (Generic) Oil production. Production Volume: CBI. manufacture. Production Volume: CBI. Number of Customers: CBI. Number of Customers: CBI. TME–14–0004 Test Marketing Period: CBI days, Test Marketing Period: CBI days, commencing on first day of commercial Date of Receipt: July 3, 2014. commencing on first day of commercial manufacture. Notice of Receipt: N/A. manufacture. Applicant: Clean Chemistry. TME–15–0007 TME–15–0014 Chemical: (Generic) Organic peroxide. Date of Receipt: January 8, 2015. Date of Receipt: June 24, 2015. Use: Water clarifying agent, odor Notice of Receipt: March 19, 2015 (80 control agent, bleaching agent, and Notice of Receipt: August 14, 2015 (80 FR 14374; FRL–9924–61). FR 48855; FRL–9931–82). general oxidant for water treatment; Applicant: CBI. Applicant: CBI. (Generic) Destructive use in fuel Chemical: (Generic) Chemical: (Generic) Dialkylamino production. Alkylaminopropanamide, N- alkylamide salt. Production Volume: CBI. [dialkylamino-propyl], salt. Number of Customers: Six. Use: (Generic) Oil production. Use: (Generic) Oil production. Test Marketing Period: CBI days, Production Volume: CBI. Production Volume: CBI. commencing on first day of commercial Number of Customers: CBI. Number of Customers: CBI. manufacture. Test Marketing Period: CBI days, Test Marketing Period: CBI days, commencing on first day of commercial TME–15–0001 commencing on first day of commercial manufacture. manufacture. Date of Receipt: November 21, 2014. TME–16–0001 Notice of Receipt: N/A. TME–15–0008 Applicant: Industrial Specialty Date of Receipt: March 20, 2015. Date of Receipt: November 2, 2015. Chemicals. Notice of Receipt: April 22, 2015 (80 Notice of Receipt: January 12, 2016 Chemical: CBI. FR 22512; FRL–9926–36). (81 FR 1415; FRL–9940–47). Use: Paint detackification. Applicant: CBI. Applicant: CBI. Production Volume: CBI. Chemical: (Generic) Alkyl substituted Chemical: (Generic) Dialkylamino Number of Customers: CBI. cresol. alkylamide salt. Test Marketing Period: CBI days, Use: (Generic) Intermediate. Use: (Generic) Oil production. commencing on first day of commercial Production Volume: CBI. Production Volume: CBI. manufacture. Number of Customers: CBI. Number of Customers: CBI. Test Marketing Period: CBI days, Test Marketing Period: CBI days, TME–15–0004 commencing on first day of commercial commencing on first day of commercial Date of Receipt: January 8, 2015. manufacture. manufacture.
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TME–16–0002 Notice of Receipt: N/A. Applicant: CBI. Date of Receipt: November 2, 2015. Applicant: CBI. Chemical: (Generic) Modified Notice of Receipt: January 12, 2016 Chemical: (Generic) Poly vegetable oil. (81 FR 1415; FRL–9940–47). alkylimidazoline. Use: (Generic) Wax. Applicant: CBI. Use: (Generic) Emulsifier. Production Volume: CBI. Chemical: (Generic) Dialkylamino Production Volume: CBI. Number of Customers: CBI. alkylamide salt. Number of Customers: CBI. Test Marketing Period: CBI days, Use: (Generic) Oil production. Test Marketing Period: CBI days, commencing on first day of commercial Production Volume: CBI. commencing on first day of commercial manufacture. Number of Customers: CBI. manufacture. TME–18–0001 Test Marketing Period: CBI days, TME–16–0010 commencing on first day of commercial Date of Receipt: November 16, 2017. Date of Receipt: November 10, 2015. manufacture. Notice of Receipt: May 22, 2018 (83 Notice of Receipt: N/A. FR 23671; FRL–9972–08). TME–16–0003 Applicant: CBI. Applicant: CBI. Date of Receipt: November 3, 2015. Chemical: (Generic) Poly Notice of Receipt: January 12, 2016 alkylimidazoline. Chemical: (Generic) Renewable (81 FR 1415; FRL–9940–47). Use: (Generic) Emulsifier. naptha. Applicant: CBI. Production Volume: CBI. Use: Component in automotive Chemical: (Generic) Beta amino fatty Number of Customers: CBI. gasoline/transportation fuel for ester. Test Marketing Period: CBI days, consumer use. Use: Chemical Intermediate. commencing on first day of commercial Production Volume: CBI. Production Volume: CBI. manufacture. Number of Customers: CBI. Number of Customers: CBI. Test Marketing Period: CBI days, Test Marketing Period: CBI days, TME–16–0011 commencing on first day of commercial commencing on first day of commercial Date of Receipt: November 10, 2015. manufacture. manufacture. Notice of Receipt: N/A. Applicant: CBI. TME–18–0003 TME–16–0006 Chemical: (Generic) Poly Date of Receipt: July 17, 2018. Date of Receipt: November 3, 2015. alkylimidazoline. Notice of Receipt: October 22, 2018 Notice of Receipt: January 12, 2016 Use: (Generic) Emulsifier. (83 FR 53241; FRL–9985–20). (81 FR 1415; FRL–9940–47). Production Volume: CBI. Applicant: CBI. Applicant: CBI. Number of Customers: CBI. Chemical: (Generic) Alkylated Chemical: (Generic) Dialkylamino Test Marketing Period: CBI days, diphenylamines, homopolymers. alkylamide. commencing on first day of commercial Use: (Generic) Additive. Use: Chemical Intermediate. manufacture. Production Volume: CBI. Production Volume: CBI. Number of Customers: CBI. TME–16–0012 Number of Customers: CBI. Test Marketing Period: CBI days, Test Marketing Period: CBI days, Date of Receipt: November 10, 2015. commencing on first day of commercial commencing on first day of commercial Notice of Receipt: N/A. manufacture. Applicant: CBI. manufacture. EPA may impose restrictions TME–16–0007 Chemical: (Generic) Poly alkylimidazoline. considered appropriate by the Agency Date of Receipt: November 10, 2015. Use: (Generic) Emulsifier. on test marketing activities and may Notice of Receipt: N/A. Production Volume: CBI. modify or revoke this test marketing Applicant: CBI. Number of Customers: CBI. exemption upon receipt of any Chemical: (Generic) Poly Test Marketing Period: CBI days, information that indicates the test alkylimidazoline. commencing on first day of commercial marketing activity may present an Use: (Generic) Emulsifier. manufacture. unreasonable risk of injury to health and Production Volume: CBI. the environment. The following Number of Customers: CBI. TME–16–0016 additional restrictions apply to these Test Marketing Period: CBI days, Date of Receipt: December 16, 2015. TMEs: A bill of lading accompanying commencing on first day of commercial Notice of Receipt: February 11, 2016 each shipment must state that the use of manufacture. (81 FR 7337; FRL–9942–09). the chemical is restricted to that TME–16–0008 Applicant: CBI. approved in the TME. In addition, the Chemical: (Generic) Dialkylamino applicant shall maintain the following Date of Receipt: November 10, 2015. records for 5 years after the date they are Notice of Receipt: N/A. alkylamide inner salt. created, and shall make them available Applicant: CBI. Use: (Generic) Oil production. for inspection or copying in accordance Chemical: (Generic) Poly Production Volume: CBI. with TSCA section 11: alkylimidazoline. Number of Customers: CBI. Use: (Generic) Emulsifier. Test Marketing Period: CBI days, 1. Records of the quantity of the TME Production Volume: CBI. commencing on first day of commercial chemical produced and the date of Number of Customers: CBI. manufacture. manufacture. Test Marketing Period: CBI days, 2. Records of dates of the shipments TME–16–0017 commencing on first day of commercial to each customer and the quantities manufacture. Date of Receipt: May 25, 2016. supplied in each shipment. Notice of Receipt: July 29, 2016 (81 FR 3. Copies of the bill of lading that TME–16–0009 49976; FRL–9949–63) and September 6, accompanies each shipment of the TME Date of Receipt: November 10, 2015. 2017 (82 FR 42088; FRL–9965–05). chemical.
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V. What was EPA’s risk assessment for mail (202) 564–2073 or email at ecosystem services; energy and the these approved TMEs? [email protected]. General environment; epidemiology; green EPA did not identify unreasonable information concerning the EPA SAB chemistry; homeland security; human health or environmental risks for the can be found at the EPA SAB website at health dosimetry; mechanisms of test market chemicals under the http://www.epa.gov/sab. toxicity and carcinogenicity; metabolism; statistics; sustainability; intended conditions of use described in SUPPLEMENTARY INFORMATION: toxicokinetics; toxicology; waste and the TME applications. Therefore, the Background: The SAB (42 U.S.C. waste management; and water re-use. test market activities will not present 4365) is a chartered Federal Advisory Committee that provides independent Process and Deadline for Submitting any unreasonable risk of injury to Nominations: Any interested person or human health or the environment, scientific and technical peer review, advice, and recommendations to the organization may nominate qualified including an unreasonable risk to a individuals in the areas of expertise potentially exposed or susceptible EPA Administrator on the technical basis for EPA actions. As a Federal described above for possible service on subpopulation identified by the the 2021 STAA Committee. Individuals Administrator for the specific Advisory Committee, the SAB conducts business in accordance with the Federal may self-nominate. Nominations should conditions of use identified in the be submitted in electronic format applications. Advisory Committee Act (FACA) (5 U.S.C. app. 2) and related regulations. (preferred) following the instructions for VI. Can EPA change its decision on The SAB Staff Office is forming the ‘‘Nominating Experts to Advisory Panels and Ad Hoc Committees Being these approved TMEs in the future? 2021 STAA Panel, under the auspices of Formed,’’ provided on the SAB website the Chartered SAB. The 2021 STAA The Agency reserves the right to (see the ‘‘Nomination of Experts’’ link Panel will provide advice through the rescind approval or modify the under ‘‘Current Activities’’ at http:// chartered SAB. The SAB and the 2021 conditions and restrictions of an www.epa.gov/sab). To be considered, STAA Panel will comply with the exemption upon the receipt or nominations should include the provisions of FACA and all appropriate evaluation of any information, new or information requested below. EPA SAB Staff Office procedural policies. existing, that indicates the test values and welcomes diversity. All The EPA established the STAA in marketing activities may present an qualified candidates are encouraged to 1980 to recognize Agency scientists and unreasonable risk of injury to human apply regardless of sex, race, disability health or the environment. engineers who published their work in or ethnicity. Nominations should be the peer-reviewed literature. The STAA Authority: 15 U.S.C. 2601 et seq. submitted in time to arrive no later than Program is an agency-wide competition Dated: June 11, 2021. July 27, 2021. to promote and recognize scientific and The following information should be Madison Le, technological achievements by EPA provided on the nomination form: Director, New Chemicals Division, Office of employees. The STAA program is Contact information for the person Pollution Prevention and Toxics. administered and managed by the EPA’s making the nomination; contact [FR Doc. 2021–14259 Filed 7–2–21; 8:45 am] Office of Research and Development information for the nominee; and the BILLING CODE 6560–50–P (ORD). Each year the SAB has been disciplinary and specific areas of asked to review the EPA’s STAA expertise of the nominee. Nominees will nominations and make be contacted by the SAB Staff Office and ENVIRONMENTAL PROTECTION recommendations to the Administrator will be asked to provide a recent AGENCY for monetary awards. curriculum vitae and a narrative [FRL–10025–58–OP] Request for Nominations: The SAB biographical summary that includes: Staff Office is seeking nominations of Current position, educational Request for Nominations for the nationally and internationally background; research activities; sources Science Advisory Board 2021 recognized scientists with demonstrated of research funding for the last two Scientific and Technological expertise in the following disciplines as years; and recent service on other Achievement Awards Panel they relate to human health and the national advisory committees or environment: Air pollution exposure; national professional organizations. AGENCY: Environmental Protection chemical engineering; civil and Persons having questions about the Agency (EPA). environmental engineering; decision nomination procedures, or who are ACTION: Notice. science; ecology; environmental unable to submit nominations through economics; groundwater and surface the SAB website, should contact the SUMMARY: The Environmental Protection water contaminant fate and transport; DFO at the contact information noted Agency (EPA) Science Advisory Board human health effects and risk above. The names and biosketches of (SAB) Staff Office requests public assessment; monitoring and qualified nominees identified by nominations of scientific experts to form measurement methods for air and water; respondents to this Federal Register the SAB 2021 Scientific and risk management; transport and fate of notice, and additional experts identified Technological Achievement Awards contaminants; water quality; and water by the SAB Staff Office, will be posted (STAA) Panel. and wastewater treatment processes. in a List of Candidates on the SAB DATES: Nominations should be The SAB Staff Office is especially website at http://www.epa.gov/sab. submitted by July 27, 2021 per the interested in scientists and engineers Public comments on the List of instructions below. with expertise described above who Candidates will be accepted for 21 days. FOR FURTHER INFORMATION CONTACT: Any have knowledge and experience in air The public will be requested to provide member of the public wishing further quality; aquatic and ecological relevant information or other information regarding this notice and toxicology; chemical safety; community documentation on nominees that the request for nominations may contact Dr. environmental health; dosimetry and SAB Staff Office should consider in Holly Stallworth, Designated Federal inhalation toxicology; drinking water; evaluating candidates. Officer (DFO), EPA Science Advisory ecological modeling; ecological risk For the EPA SAB Staff Office a Board Staff Office by telephone/voice assessment; ecosystem restoration; balanced review committee includes
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candidates who possess the necessary EQUAL EMPLOYMENT OPPORTUNITY Recordkeeping Hours: 16,578,127 per domains of knowledge, the relevant COMMISSION year. scientific perspectives (which, among Number of Forms: None. other factors, can be influenced by work Agency Information Collection Form Number: None. history and affiliation), and the Activities: Comment Request Frequency of Report: None. Abstract: The Uniform Guidelines on collective breadth of experience to AGENCY: Equal Employment Employee Selection Procedures adequately address the charge. In Opportunity Commission. (UGESP) provide fundamental guidance forming the 2021 STAA Panel, the SAB ACTION: Final notice of information for all Title VII-covered employers about Staff Office will consider public collection—uniform guidelines on the use of employment selection comments on the Lists of Candidates, employee selection procedures— procedures. The records addressed by information provided by the candidates extension without change. UGESP are used by respondents to themselves, and background ensure that they are complying with SUMMARY: In accordance with the information independently gathered by Title VII and Executive Order 11246. Paperwork Reduction Act of 1995, the the SAB Staff Office. Selection criteria While there is no data available to Equal Employment Opportunity to be used for committee membership quantify these benefits, the collection of Commission gives notice that it has accurate applicant flow data enhances include: (a) Scientific and/or technical submitted the information described each employer’s ability to address any expertise, knowledge, and experience below to the Office of Management and deficiencies in recruitment and (primary factors); (b) availability and Budget (OMB) for a three-year extension selection processes, including detecting willingness to serve; (c) absence of without change. financial conflicts of interest; (d) barriers to equal employment DATES: Written comments on this notice opportunity. absence of an appearance of a loss of must be submitted on or before August impartiality; (e) skills working in On April 26, 2021, the Commission 5, 2021. published a 60-Day Notice informing committees, subcommittees and ADDRESSES: Written comments should the public of its intent to request an advisory panels; and, (f) for the be sent within 30 days of publication of extension without change of the committee as a whole, diversity of this final notice to www.reginfo.gov/ information collection requirements expertise and scientific points of view. public/do/PRAMain. Find this from the Office of Management and The SAB Staff Office’s evaluation of particular information collection by Budget, and providing its PRA burden an absence of financial conflicts of selecting ‘‘Currently under 30-day analysis for UGESP. 86 FR 22049 (April interest will include a review of the Review—Open for Public Comments’’ or 26, 2021). The Commission received one ‘‘Confidential Financial Disclosure by using the search function. comment in response to the 60-Day Form for Environmental Protection FOR FURTHER INFORMATION CONTACT: Notice. This comment notes that Agency Special Government Kathleen Oram, Assistant Legal UGESP, since its 1978 adoption, has Employees’’ (EPA Form 3110–48). This Counsel, at (202) 921–2665 or used the verb ‘‘should’’ to characterize confidential form is required and allows [email protected], or Savannah employers’ duties to collect and government officials to determine Marion Felton, Senior Attorney, at (202) maintain information and to analyze the 921–2671 or [email protected]. whether there is a statutory conflict validity of employment selection Requests for this notice in an alternative between a person’s public procedures or tests. The comment format should be made to the Office of responsibilities (which include appears to be arguing against construing Communications and Legislative Affairs ‘‘should’’ to mean ‘‘must’’ by membership on an EPA federal advisory at (202) 663–4191 (voice) or 1–800–669– commenting that, if EEOC in fact did committee) and private interests and 6820 (TTY). construe ‘‘should’’ to mean ‘‘must,’’ activities, or the appearance of a loss of then EEOC’s PRA burden calculation in impartiality, as defined by federal Overview of This Information Collection the 60-Day Notice would be too low to regulation. The form may be viewed and cover all the activities enumerated in downloaded through the ‘‘Ethics Collection Title: Recordkeeping UGESP. Requirements for Advisors’’ link on the Requirements of the Uniform Guidelines EEOC does not express a view here on SAB website at http://www.epa.gov/sab. on Employee Selection Procedures, 29 the meaning of the term ‘‘should’’ in This form should not be submitted as CFR part 1607, 41 CFR part 60–3, 28 UGESP except to refer readers to the part of a nomination. CFR part 50, 5 CFR part 300. subsection of UGESP’s Definitions OMB Number: 3046–0017. section that explains how to interpret The approved policy under which the Type of Respondent: Businesses or EPA SAB Office selects members for the word ‘‘‘should’ as used in these other institutions; Federal Government; guidelines.’’ See 29 CFR 1607.16 S. subcommittees and review panels is State or local governments and farms. described in the following document: (Definitions. Should). North American Industry From the PRA perspective, EEOC Overview of the Panel Formation Classification System (NAICS) Code: correctly construes the PRA burden Process at the Environmental Protection Multiple. analysis requirements. For purposes of Agency Science Advisory Board (EPA– Standard Industrial Classification calculating the PRA burden of a federal SAB–EC–02–010), which is posted on Code (SIC): Multiple. Description of Affected Public: Any ‘‘collection of information’’ like UGESP, the SAB website at http://www.epa.gov/ the phrase ‘‘collection of information’’ sab. employer, Government contractor, labor organization, or employment agency focuses on ‘‘the act of collecting . . . V. Khanna Johnston, covered by the Federal equal information.’’ 5 CFR 1620.3(c). The PRA Deputy Director, Science Advisory Board Staff employment opportunity laws. analysis of burden, in turn, refers to a Office. Respondents: 957,005. calculation of the time and cost used by 1 the regulated entity to engage in the act [FR Doc. 2021–14285 Filed 7–2–21; 8:45 am] Responses : 957,005. of collecting and maintaining the BILLING CODE 6560–50–P 1 The number of respondents is equal to the specified information. Id. at number of responses (i.e., one response per person). 1620.3(b)(1). EEOC’s 60-Day PRA
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burden analysis correctly and also includes 149,182 applicants for is about $263.11 Additionally, 35.0% of appropriately accounts for the burden union membership reported on the employees work for firms with at least on regulated entities of collecting and EEO–3 form for 2018. 5,000 employees,12 and it is likely the maintaining applicant flow data under The employer burden associated with burden of entry for these firms is UGESP. collecting and storing applicant transferred to the applicants via use of Burden Statement: There are no demographic data is based on the electronic application systems. UGESP reporting requirements associated with following assumptions: Applicants also allows for simplified recordkeeping UGESP. The burden being estimated is would need to be asked to provide three for employers with more than 15 but the cost of collecting and storing a job pieces of information—sex, race/ less than 100 employees.13 applicant’s gender, race, and ethnicity ethnicity, and an identification number For the Commission. data. (a total of approximately 13 keystrokes); Dated: June 30, 2021. The only paperwork burden derives the employer may need to transfer Charlotte A. Burrows, from this recordkeeping. Only information received to a database employers covered under Title VII and either manually or electronically Chair. Executive Order 11246 are subject to (although we believe it likely that many [FR Doc. 2021–14350 Filed 7–2–21; 8:45 am] UGESP. However, for the purposes of employers utilize HR software that BILLING CODE 6570–01–P burden calculation, data for all handles employment applications as employers are counted.2 The number of well as the rest of the employers HR employers with 15 or more employees is needs); and the employer would need to FEDERAL COMMUNICATIONS estimated at 957,005 which combines store the 13 characters of information COMMISSION estimates from private employment,3 for each applicant. Recordkeeping costs [FRS 33694] the public sector,4 and referral unions.5 and burden are assumed to be the time Employers with 15 or more employees cost associated with entering 13 Radio Broadcasting Services; AM or represent approximately 15.3% of all keystrokes. FM Proposals To Change the employers in the U.S. and employ about Assuming that the required Community of License 87.7% of all employees in the U.S.6 recordkeeping takes 30 seconds per This burden assessment is based on record, and assuming a total of AGENCY: Federal Communications an estimate of the number of job 1,989,375,182 paper and electronic Commission. applications submitted to all employers applications per year (as calculated ACTION: Notice. in one year, including paper-based and above), the resulting UGESP burden electronic applications. The total hours would be16,578,127. Based on a DATES: The agency must receive number of job applications submitted wage rate of $17.44 9 per hour for the comments on or before September 7, every year to covered employers is individuals entering the data, the 2021. estimated to be 1,989,375,182, based on collection and storage of applicant ADDRESSES: an average of approximately 29 Federal Communications demographic data would come to Commission, 45 L Street NE, applications 7 for every hire and a approximately $289,122,526 per year. Washington, DC 20554. Bureau of Labor Statistics data estimate We expect that the foregoing of 68,594,000 annual hires.8 This figure FOR FURTHER INFORMATION CONTACT: assumptions are over-inclusive, because Rolanda F. Smith, 202–418–2054. many employers have electronic job 2 In calculating burden, data from multiple SUPPLEMENTARY INFORMATION: The sources are used. Some of these sources do not application processes that should be able to capture applicant flow data following applicants filed AM or FM allow us to identify only those employers who are proposals to change the community of covered by Title VII (employers with 15 or more automatically. employees). While the burden hours and costs for license: GEORGIA-CAROLINA 3 Source of original data: 2017 Economic Census. RADIOCASTING COMPANY, LLC, (https://www.census.gov/content/census/en/data/ the UGESP recordkeeping requirement seem very large, the average burden per datasets/2017/econ/susb/2017-susb.html). Local 11 This assumes that the new hires in 2018 were Downloadable CSV data. Select U.S. & states, 6 employer is relatively small. We distributed equally across firm and agency sizes. In digit NAICS. The original number of employers was estimate that UGESP applies to 957,005 2018, 64,286,000 new hires were in the private adjusted to only include those with 15 or more employers, which is about 15.3% of all sector 86.5% of which would be 55,575,000 new employees. hires estimated for firms with at least 15 employees. 4 employers in the U.S, and who employ Source of original data: 2017 Census of Similarly, 4,310,000 new hires were in the public Governments: Employment. Individual Government about 87.7% of all employees in the U.S sector. 95.9% of which would be 4,133,000 new Data File (https://www.census.gov/data/tables/ (86.5% of private employees and 95.9% hires into governments with at least 15 employees. 2017/econ/apes/annual-apes.html/), Local of government employees) 10. Therefore, This totals approximately 59,708,000 new hires in Downloadable Data zip file ’’individual files’’. The the estimated cost per covered employer Title VII locations. The remainder of the burden original number of government entities was hour calculations remain the same. adjusted to only include those with 15 or more 12 Source for private employees: 2017 Economic employees. data.htm) is the source of the original data. The BLS Census. (https://www.census.gov/content/census/ 5 EEO–3 Reports filed by referral unions in 2018 figure includes new hires in both the public and the en/data/datasets/2017/econ/susb/2017-susb.html). with EEOC. private sectors across all employer sizes. 13 See 29 CFR 1607.15A(1): Simplified 6 Source of original data: 2017 Economic Census, 9 Based on the 10th percentile hourly wage for recordkeeping for users with less than 100 (https://www.census.gov/content/census/en/data/ Human Resources Specialist in 2018 (https:// employees. In order to minimize recordkeeping datasets/2017/econ/susb/2017-susb.html). Local www.bls.gov/oes/2018/may/oes131071.htm). The burdens on employers who employ one hundred Downloadable CSV data. Select U.S. & states, 6 10th percentile is slightly lower than the average (100) or fewer employees, and other users not digit NAICS; 2017 Census of Governments (https:// salary for an entry-level Human Resources required to file EEO–1, et seq., reports, such users www.census.gov/data/tables/2017/econ/apes/ Specialist (https://www.ziprecruiter.com/Salaries/ may satisfy the requirements of this section 15 if annual-apes). Entry-Level-Human-Resources-Specialist-Salary). they maintain and have available records showing, 7 The average number of applications received per 10 Source for private employees: 2017 Economic for each year: (a) The number of persons hired, job opening in 2018, according to the private career Census. (https://www.census.gov/content/census/ promoted, and terminated for each job, by sex, and advice website Zety. (https://zety.com/blog/hr- en/data/datasets/2017/econ/susb/2017-susb.html). where appropriate by race and national origin; statistics). Local Downloadable CSV data. Select U.S. & states, (b)The number of applicants for hire and promotion 8 Bureau of Labor Statistics Job Openings and 6 digit NAICS. Source for public employees: 2017 by sex and where appropriate by race and national Labor Turnover Survey, 2018 annual level data (Not Census of Governments (https://www.census.gov/ origin; and (c) The selection procedures utilized seasonally adjusted), (http://www.bls.gov/jlt/ data/tables/2017/econ/apes/annual-apes). (either standardized or not standardized).
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WHTD(AM), Fac. ID No. 54562, From FEDERAL COMMUNICATIONS application fee rates in sections 1.1103 ELBERTON, GA, To CLAYTON, GA, COMMISSION and 1.1104 of Commission’s rules will File No. BP–20200728AAE; NELSON become effective on July 15, 2021.3 [MD Docket No. 20–270; DA 21–747; FR ID MULTIMEDIA, INC, WDYS(AM), Fac. 35696] For further information regarding this ID No. 69700, From GENEVA, IL, To Public Notice, please contact Roland SOMONAUK, IL, File No. BMP– Schedule of Application Fees of the Helvajian, Program Analyst, Financial 20210524AAJ; BRANTLEY Commission’s Rules Operations, Office of the Managing BROADCAST ASSOCIATES LLC, Director, [email protected]. AGENCY: Federal Communications WWTM(AM), Fac. ID No. 54328, From Katura Jackson, DECATUR, AL, To MOORESVILLE, AL, Commission. Federal Register Liaison Officer. File No. BP–20210505AAG; ZIMMER ACTION: Public notice. MIDWEST COMMUNICATIONS, INC., [FR Doc. 2021–14270 Filed 7–2–21; 8:45 am] SUMMARY: KBFL–FM, Fac. ID No. 33654, From The Commission announces BILLING CODE 6712–01–P BUFFALO, MO, To FAIR GROVE, MO, the effective date of new application fee File No. 0000143246; CLARO rates for the Office of Engineering and FEDERAL COMMUNICATIONS COMMUNICATIONS, LTD, KUKA(FM), Technology and for Media Services. COMMISSION Fac. ID No. 2818, From SAN DIEGO, DATES: Applicable July 15, 2021. TX, To BISHOP, TX, File No. FOR FURTHER INFORMATION CONTACT: [OMB 3060–0519; FR ID 35990] 0000145176; ZIMMER MIDWEST Roland Helvajian, Office of Managing COMMUNICATIONS, INC., KWTO–FM, Director at (202) 418–0444. Information Collection Being Fac. ID No. 63339, From SPRINGFIELD, SUPPLEMENTARY INFORMATION: The Submitted for Review and Approval to MO, To BUFFALO, MO, File No. Commission adopted new application Office of Management and Budget 0000143248; FAMILY LIFE fee rates in a Report and Order, FCC 20– AGENCY: Federal Communications MINISTRIES, INC., WCGT(FM), Fac. ID 184, MD Docket No. 20–270, adopted on Commission. No. 172665, From TIDIOUTE, PA, TO December 23, 2020 and released on ACTION: CLINTONVILLE, PA, File No. December 29, 2020. This document Notice and request for 0000145265; RADIOACTIVE, LLC, provides notice that new application fee comments. WKFC(FM), Fac. ID No. 164241, From rates will become effective on July 15, SUMMARY: As part of its continuing effort NORTH CORBIN, KY, TO CRAB 2021 for the Office of Engineering and to reduce paperwork burdens, as ORCHARD, KY File No. 0000145184; Technology and the Media Bureau. required by the Paperwork Reduction CHOICE RADIO CORPORATION, DA 21–747 Act (PRA) of 1995, the Federal WKKQ(FM), Fac. ID No. 3954, FROM Released: June 25, 2021 Communications Commission (FCC or BARBOURVILLE, KY, TO NORTH Effective Date of New Application Fees the Commission) invites the general CORBIN, KY, File No. 0000145185; public and other Federal Agencies to SALEM COMMUNICATIONS HOLDING for the Office of Engineering and Technology and the Media Bureau take this opportunity to comment on the CORPORATION, WLTE(FM), Fac. ID following information collection. No. 170949, From PENDLETON, SC, To MD Docket No. 20–270 Pursuant to the Small Business POWDERSVILLE, SC, File No. On December 23, 2020, the Paperwork Relief Act of 2002, the FCC 0000148015; RADIOACTIVE, LLC, Commission adopted a Report and seeks specific comment on how it can WPBK(FM), Fac. ID No. 164242, From Order implementing a new application further reduce the information CRAB ORCHARD, KY, HUSTONVILLE, fee schedule which significantly collection burden for small business KY, File No. 0000145182; SUTTON updated the Commission’s previous fee concerns with fewer than 25 employees. RADIOCASTING CORPORATION, schedule.1 As indicated in the 2020 DATES: WRBN(FM), Fac. ID No. 56201, From Written comments and Application Fee Report and Order, the CLAYTON, GA, To TOCCOA, GA, File recommendations for the proposed new application fee rates will become No. 0000143723; REVIVAL CHRISTIAN information collection should be effective when the Commission’s MINISTRIES, INC., WSGG(FM), Fac. ID submitted on or before August 5, 2021. ‘‘information technology systems and No. 92857, From CANAAN, CT, To ADDRESSES: Comments should be sent to internal procedures have been updated, NORFOLK, CT, File No. 0000145109; www.reginfo.gov/public/do/PRAMain. and the Commission publishes notice(s) and RADIOJONES, LLC, WXRS–FM, Find this particular information in the Federal Register announcing the Fac. ID No. 36212, From PORTAL, GA, collection by selecting ‘‘Currently under effective date of such rules.’’ 2 At this To STATESBORO, GA, File No. 30-day Review—Open for Public time, the systems and internal 0000143396. The full text of these Comments’’ or by using the search procedures have been updated for the applications is available electronically function. Your comment must be Office of Engineering and Technology via the Media Bureau’s Consolidated submitted into www.reginfo.gov per the and for the Media Bureau. This Public Data Base System, https:// above instructions for it to be Notice therefore announces that the new licensing.fcc.gov/prod/cdbs/pubacc/ prod/app_sear.htm or Licensing and 3 See 47 CFR 1.1103 (Schedule of charges for 1 See Amendment of the Schedule of Application experimental radio services.), 1.1104 (Schedule of Management System (LMS), https:// Fees Set Forth in Sections 1.1102 through 1.1109 of charges for applications and other filings for media apps2int.fcc.gov/dataentry/public/tv/ the Commission’s Rules, MD Docket No, 20–270, services.). Applicants must continue to pay the publicAppSearch.html. Report and Order, 35 FCC Rcd 15089 (2020) (2020 current fees for their applications under the existing Application Fee Report and Order). Pursuant to procedures until the new procedures and fees are Federal Communications Commission. section 8(b)(1) of the Communications Act of 1934, in effect for their applications. The Commission as amended, the Commission is required to review will announce the effective date of the new Nazifa Sawez, application fees in every even-numbered year, application fee rates in sections 1.1102, 1.1105, Assistant Chief, Audio Division, Media adjust the fees to reflect increases or decreases in 1.1106, 1.1107, and 1.1109 of the Commission’s Bureau. the Consumer Price Index, and round to the nearest once the applicable information technology systems $5 increment. See 47 U.S.C. 158(b)(1). and internal procedures have been updated for [FR Doc. 2021–14267 Filed 7–2–21; 8:45 am] 2 2020 Application Fee Report and Order at those fees. See 47 CFR 1.1102, 1.1105, 1.1106, BILLING CODE 6712–01–P 15155, para. 201. 1.1107, and 1.1109.
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considered. In addition to submitting in comment on how it might ‘‘further the Communications Act, the Do-Not- www.reginfo.gov also send a copy of reduce the information collection Call Implementation Act (Do-Not-Call your comment on the proposed burden for small business concerns with Act), and the Commission’s information collection to Cathy fewer than 25 employees.’’ implementing rules. If the information Williams, FCC, via email to PRA@ OMB Control Number: 3060–0519. collection was not conducted, the fcc.gov and to [email protected]. Title: Rules and Regulations Commission would be unable to track Include in the comments the OMB Implementing the Telephone Consumer and enforce violations of section 227 of control number as shown in the Protection Act (TCPA) of 1991, CG the Communications Act, the Do-Not- SUPPLEMENTARY INFORMATION below. Docket No. 02–278. Call Act, or the Commission’s rules. The FOR FURTHER INFORMATION CONTACT: For Form Number: N/A. Commission’s rules provide consumers additional information or copies of the Type of Review: Revision of a with several options for avoiding most information collection, contact Cathy currently approved collection. unwanted telephone solicitations. Williams at (202) 418–2918. To view a Respondents: Business or other for- The national do-not-call registry copy of this information collection profit entities; Individuals or supplements the company-specific do- request (ICR) submitted to OMB: (1) Go households; Not-for-profit institutions. not-call rules for those consumers who Number of Respondents and to the web page http://www.reginfo.gov/ wish to request that particular Responses: 169,369 respondents; public/do/PRAMain, (2) look for the companies not call them. Any company 191,628,905 responses. section of the web page called that is asked by a consumer, including Estimated Time per Response: .004 an existing customer, not to call again ‘‘Currently Under Review,’’ (3) click on hours (15 seconds) to 1 hour. the downward-pointing arrow in the must honor that request for five (5) Frequency of Response: Annual, years. A provision of the Commission’s ‘‘Select Agency’’ box below the monthly, on occasion and one-time ‘‘Currently Under Review’’ heading, (4) rules, however, allows consumers to reporting requirements; Recordkeeping give specific companies permission to select ‘‘Federal Communications requirement; Third party disclosure Commission’’ from the list of agencies call them through an express written requirement. agreement. Nonprofit organizations, presented in the ‘‘Select Agency’’ box, Obligation to Respond: Required to companies with whom consumers have (5) click the ‘‘Submit’’ button to the obtain or retain benefits. The statutory an established business relationship, right of the ‘‘Select Agency’’ box, (6) authority for the information collection and calls to persons with whom the when the list of FCC ICRs currently requirements are found in the telemarketer has a personal relationship under review appears, look for the Title Telephone Consumer Protection Act of are exempt from the ‘‘do-not-call’’ of this ICR and then click on the ICR 1991 (TCPA), Public Law 102–243, registry requirements. Reference Number. A copy of the FCC December 20, 1991, 105 Stat. 2394, On September 21, 2004, the submission to OMB will be displayed. which added Section 227 of the Commission released the Safe Harbor SUPPLEMENTARY INFORMATION: The Communications Act of 1934, [47 U.S.C. Order, published at 69 FR 60311, Commission may not conduct or 227] Restrictions on the Use of October 8, 2004, establishing a limited sponsor a collection of information Telephone Equipment. safe harbor in which persons will not be unless it displays a currently valid Total Annual Burden: 3,251,008 liable for placing autodialed and Office of Management and Budget hours. prerecorded message calls to numbers (OMB) control number. No person shall Total Annual Cost: $1,357,200. ported from a wireline service within be subject to any penalty for failing to Nature and Extent of Confidentiality: the previous 15 days. The Commission comply with a collection of information Confidentiality is an issue to the extent also amended its existing National Do- subject to the PRA that does not display that individuals and households Not-Call Registry safe harbor to require a valid OMB control number. provide personally identifiable telemarketers to scrub their lists against As part of its continuing effort to information, which is covered under the the Registry every 31 days. reduce paperwork burdens, as required FCC’s system of records notice (SORN), On June 17, 2008, in accordance with by the Paperwork Reduction Act (PRA) FCC/CGB–1, ‘‘Informal Complaints and the Do-Not-Call Improvement Act of of 1995 (44 U.S.C. 3501–3520), the FCC Inquiries.’’ As required by the Privacy 2007, the Commission revised its rules invited the general public and other Act, 5 U.S.C. 552a, the Commission also to minimize the inconvenience to Federal Agencies to take this published a SORN, FCC/CGB–1 consumers of having to re-register their opportunity to comment on the ‘‘Informal Complaints, Inquiries, and preferences not to receive telemarketing following information collection. Requests for Dispute Assistance’’, in the calls and to further the underlying goal Comments are requested concerning: (a) Federal Register on August 15, 2014 (79 of the National Do-Not-Call Registry to Whether the proposed collection of FR 48152) which became effective on protect consumer privacy rights. The information is necessary for the proper September 24, 2014. A system of records Commission released a Report and performance of the functions of the for the do-not-call registry was created Order in CG Docket No. 02–278, FCC Commission, including whether the by the Federal Trade Commission (FTC) 08–147, published at 73 FR 40183, July information shall have practical utility; under the Privacy Act. The FTC 14, 2008, amending the Commission’s (b) the accuracy of the Commission’s originally published a notice in the rules under the TCPA to require sellers burden estimates; (c) ways to enhance Federal Register describing the system. and/or telemarketers to honor the quality, utility, and clarity of the See 68 FR 37494, June 24, 2003. The registrations with the National Do-Not- information collected; and (d) ways to FTC updated its system of records for Call Registry so that registrations will minimize the burden of the collection of the do-not-call registry in 2009. See 74 not automatically expire based on the information on the respondents, FR 17863, April 17, 2009. five-year registration period. including the use of automated Privacy Impact Assessment: Yes. Specifically, the Commission modified collection techniques or other forms of Needs and Uses: The reporting § 64.1200(c)(2) of its rules to require information technology. Pursuant to the requirements included under this OMB sellers and/or telemarketers to honor Small Business Paperwork Relief Act of Control Number 3060–0519 enable the numbers registered on the Registry 2002, Public Law 107–198, see 44 U.S.C. Commission to gather information indefinitely or until the number is 3506(c)(4), the FCC seeks specific regarding violations of section 227 of removed by the database administrator
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or the registration is cancelled by the Finally, the Commission also This action will empower consumers to consumer. exempted from the TCPA requirements further limit the number of unwanted On February 15, 2012, the informational artificial or prerecorded robocalls made under any TCPA Commission released a Report and voice message calls to residential lines. exemption. Order in CG Docket No. 02–278, FCC On December 30, 2020, the Commission Federal Communications Commission. 12–21, originally published at 77 FR released a Report and Order in CG Marlene Dortch, 34233, June 11, 2012, and later Docket No. 02–278, FCC 20–186, corrected at 77 FR 66935, November 8, published at 86 FR 11443, February 25, Secretary, Office of the Secretary. 2012, revising its rules to: (1) Require 2021, amending the TCPA exemptions [FR Doc. 2021–14346 Filed 7–2–21; 8:45 am] prior express written consent for all for artificial or prerecorded voice calls BILLING CODE 6712–01–P autodialed or prerecorded telemarketing made to residential telephone lines so calls to wireless numbers and for all each satisfies the TRACED Act’s prerecorded telemarketing calls to requirements to identify who can call, FEDERAL DEPOSIT INSURANCE residential lines; (2) eliminate the who can be called, and any call limits. CORPORATION established business relationship The Commission adopted limits on the exception to the consent requirement for number of calls that can be made under Notice of Termination of Receiverships prerecorded telemarketing calls to the exemptions for non-commercial residential lines; (3) require calls to a residence; commercial calls to The Federal Deposit Insurance telemarketers to include an automated, a residence that do not include an Corporation (FDIC or Receiver), as interactive opt-out mechanism in all advertisement or constitute Receiver for each of the following prerecorded telemarketing calls to allow telemarketing; tax-exempt nonprofit insured depository institutions, was consumers more easily to opt out of organization calls to a residence; and charged with the duty of winding up the future robocalls; and (4) require Health Insurance Portability and affairs of the former institutions and telemarketers to comply with the 3% Accountability Act (HIPAA)-related liquidating all related assets. The limit on abandoned calls during each calls to a residence. In addition, callers Receiver has fulfilled its obligations and calling campaign, in order to discourage must have mechanisms in place to allow made all dividend distributions intrusive calling campaigns. consumers to opt out of any future calls. required by law.
NOTICE OF TERMINATION OF RECEIVERSHIPS
Termination Fund Receivership name City State date
10076 ...... The John Warner Bank ...... Clinton ...... IL 07/01/2021 10077 ...... First State Bank of Winchester ...... Winchester ...... IL 07/01/2021 10078 ...... First National Bank of Danville ...... Danville ...... IL 07/01/2021 10196 ...... Statewide Bank ...... Covington ...... LA 07/01/2021 10319 ...... Appalachian Community Bank ...... McCaysville ...... GA 07/01/2021
The Receiver has further irrevocably FEDERAL MARITIME COMMISSION for covered services under the authorized and appointed FDIC- Agreement. Corporate as its attorney-in-fact to Notice of Agreements Filed Proposed Effective Date: 6/24/2021. Location: https://www2.fmc.gov/ execute and file any and all documents The Commission hereby gives notice that may be required to be executed by FMC.Agreements.Web/Public/ of the filing of the following agreements AgreementHistory/397. the Receiver which FDIC-Corporate, in under the Shipping Act of 1984. Agreement No.: 012440–002. its sole discretion, deems necessary, Interested parties may submit including but not limited to releases, Agreement Name: WW Ocean and comments, relevant information, or NYK Space Charter Agreement. discharges, satisfactions, endorsements, documents regarding the agreements to Parties: Wallenius Wilhelmsen Ocean assignments, and deeds. Effective on the the Secretary by email at Secretary@ AS and Nippon Yusen Kaisha. termination dates listed above, the fmc.gov, or by mail, Federal Maritime Filing Party: Wayne Rohde; Cozen Receiverships have been terminated, the Commission, Washington, DC 20573. O’Connor. Receiver has been discharged, and the Comments will be most helpful to the Synopsis: The amendment revises Receiverships have ceased to exist as Commission if received within 12 days Article 5.3 of the Agreement to clarify legal entities. of the date this notice appears in the the authority of the parties with respect Federal Register. Copies of agreements (Authority: 12 U.S.C. 1819) to joint contracting with third parties. are available through the Commission’s Proposed Effective Date: 6/25/2021. Federal Deposit Insurance Corporation. website (www.fmc.gov) or by contacting Location: https://www2.fmc.gov/ Dated at Washington, DC, on June 30, 2021. the Office of Agreements at (202)-523– FMC.Agreements.Web/Public/ Debra A. Decker, 5793 or [email protected]. AgreementHistory/1914. Deputy Executive Secretary. Agreement No.: 012058–003. Agreement No.: 012206–005. Agreement Name: Hoegh Autoliners/ Agreement Name: Grimaldi/‘‘K’’ Line [FR Doc. 2021–14345 Filed 7–2–21; 8:45 am] K-Line Space Charter Agreement. Space Charter Agreement. BILLING CODE 6714–01–P Parties: Hoegh Autoliners AS and Parties: Grimaldi Deep Sea S.p.A. and Kawasaki Kisen Kaisha, Ltd. Grimaldi Euromed S.p.A. (acting as a Filing Party: John Meade, ‘‘K’’ Line single party) and Kawasaki Kisen America, Inc. Kaisha, Ltd. Synopsis: The amendment eliminates Filing Party: John Meade, ‘‘K’’ Line the parties’ authority to jointly negotiate America, Inc.
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Synopsis: The amendment eliminates Agreement No.: 201301–001. Agreement Name: Siem Car Carrier the parties’ authority to jointly negotiate Agreement Name: ‘‘K’’ Line/Liberty AS/Volkswagen Logistics for covered services under the Global Logistics LLC U.S./Japan Car Konzernlogistik GMBH & Co. OHG Agreement. Carrier Space Charter Agreement. Space Charter Agreement. Proposed Effective Date: 6/24/2021. Parties: Kawasaki Kisen Kaisha, Ltd. Parties: Siem Car Carriers AS and Location: https://www2.fmc.gov/ and Liberty Global Logistics LLC. Volkswagen Konzernlogistik GmbH & FMC.Agreements.Web/Public/ Filing Party: John Meade, ‘‘K’’ Line Co. OHG. AgreementHistory/253. America, Inc. Filing Party: Ashley Craig; Venable Agreement No.: 011836–003. Synopsis: The amendment eliminates LLP. Agreement Name: WW Ocean/K-Line the parties’ authority to jointly negotiate Synopsis: The amendment updates Space Charter Agreement. for covered services under the Article 5.3 of the Agreement to remove Parties: Wallenius Wilhelmsen Ocean Agreement. joint procurement and joint negotiation AS and Kawasaki Kisen Kaisha, Ltd. Proposed Effective Date: 6/24/2021. authority. Filing Party: Wayne Rohde; Cozen Location: https://www2.fmc.gov/ Proposed Effective Date: 6/28/2021. O’Connor. FMC.Agreements.Web/Public/ Location: https://www2.fmc.gov/ Synopsis: The amendment revises AgreementHistory/22396. FMC.Agreements.Web/Public/ Article 5.3 of the Agreement to clarify Agreement No.: 201303–001. AgreementHistory/169. the authority of the parties with respect Agreement Name: ‘‘K’’ Line/Liberty Agreement No.: 201285–001. to contracting with third parties. Global Logistics LLC U.S./Mexico Car Agreement Name: Siem Car Carriers Proposed Effective Date: 6/25/2021. Location: https://www2.fmc.gov/ Carrier Space Charter Agreement. AS/Accordia Shipping LLC Space FMC.Agreements.Web/Public/ Parties: Kawasaki Kisen Kaisha, Ltd. Charter Agreement. AgreementHistory/564. and Liberty Global Logistics LLC. Parties: Siem Car Carriers AS and Filing Party: John Meade, ‘‘K’’ Line Accordia Shipping LLC. Agreement No.: 201319–001. Agreement Name: ‘‘K’’ Line/Kyowa America, Inc. Filing Party: Ashley Craig; Venable Shipping—Japan/Guam/Saipan Car Synopsis: The amendment eliminates LLP. Carrier Space Charter Agreement. the parties’ authority to jointly negotiate Synopsis: The amendment updates Parties: Kawasaki Kisen Kaisha, Ltd. for covered services under the Article 5.3 of the Agreement to remove and Kyowa Shipping Co., Ltd. Agreement. joint procurement and joint negotiation Filing Party: John Meade, ‘‘K’’ Line Proposed Effective Date: 6/24/2021. authority. America, Inc. Location: https://www2.fmc.gov/ Proposed Effective Date: 6/28/2021. Synopsis: The amendment eliminates FMC.Agreements.Web/Public/ Location: https://www2.fmc.gov/ the parties’ authority to jointly negotiate AgreementHistory/22398. FMC.Agreements.Web/Public/ for covered services under the Agreement No.: 201304–001. AgreementHistory/20311. Agreement. Agreement Name: ‘‘K’’ Line/Liberty Agreement No.: 012359–002. Proposed Effective Date: 6/24/2021. Global Logistics LLC U.S./Belgium/ Agreement Name: MOL/Volkswagen Location: https://www2.fmc.gov/ Germany Car Carrier Space Charter Konzernlogistik GmbH & Co. OHG FMC.Agreements.Web/Public/ Agreement. Space Charter Agreement. AgreementHistory/22434. Parties: Kawasaki Kisen Kaisha, Ltd. Parties: Mitsui O.S.K. Lines Ltd. and Agreement No.: 201302–001. and Liberty Global Logistics LLC. Volkswagen Konzernlogistik GmbH & Agreement Name: ‘‘K’’ Line/Liberty Filing Party: John Meade, ‘‘K’’ Line Co. OHG. Global Logistics LLC U.S. Middle East America, Inc. Filing Party: Rebecca Fenneman; Car Carrier Space Charter Agreement. Synopsis: The amendment eliminates Jeffrey/Fenneman Law and Strategy Parties: Kawasaki Kisen Kaisha, Ltd. the parties’ authority to jointly negotiate PLLC. and Liberty Global Logistics LLC. for covered services under the Synopsis: The amendment removes Filing Party: John Meade, ‘‘K’’ Line Agreement. any authority of the parties to jointly America, Inc. Proposed Effective Date: 6/24/2021. negotiate or procure terminal services in Synopsis: The amendment eliminates Location: https://www2.fmc.gov/ the United States. the parties’ authority to jointly negotiate FMC.Agreements.Web/Public/ Proposed Effective Date: 6/28/2021. for covered services under the AgreementHistory/22399. Location: https://www2.fmc.gov/ Agreement. Agreement No.: 011707–019. FMC.Agreements.Web/Public/ Proposed Effective Date: 6/24/2021. AgreementHistory/52. Location: https://www2.fmc.gov/ Agreement Name: Gulf/South FMC.Agreements.Web/Public/ America Discussion Agreement. Agreement No.: 012210–002. Parties: BBC Chartering Carriers AgreementHistory/22397. Agreement Name: Siem Car Carriers GmbH & Co. KG and BBC Chartering & AS/EUKOR Car Carriers Inc. Space Agreement No.: 012129–004. Logistic GmbH & Co. KG (acting as a Charter Agreement. Agreement Name: EUKOR/’’K’’ Line single party); Industrial Maritime Parties: Siem Car Carriers AS and Space Charter Agreement. Parties: EUKOR Car Carriers, Inc. and Carriers, LLC; and Seaboard Marine Ltd. EUKOR Car Carriers, Inc. Kawasaki Kisen Kaisha, Ltd. Filing Party: Wayne Rohde; Cozen Filing Party: Ashley Craig; Venable Filing Party: John Meade, ‘‘K’’ Line O’Connor. LLP. America, Inc. Synopsis: The amendment adds a new Synopsis: The amendment updates Synopsis: The amendment eliminates Article 5(h) clarifying the authority of Article 5.3 of the Agreement to remove the parties’ authority to jointly negotiate the parties with respect to contracting joint procurement and joint negotiation for covered services under the with third parties. authority. Agreement. Proposed Effective Date: 6/28/2021. Proposed Effective Date: 6/28/2021. Proposed Effective Date: 6/24/2021. Location: https://www2.fmc.gov/ Location: https://www2.fmc.gov/ Location: https://www2.fmc.gov/ FMC.Agreements.Web/Public/ FMC.Agreements.Web/Public/ FMC.Agreements.Web/Public/ AgreementHistory/684. AgreementHistory/260. AgreementHistory/378. Agreement No.: 012301–005. Agreement No.: 011842–003.
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Agreement Name: Crowley/Dole Delete in its entirety the titles and cooperative agreements, and other Space Charter and Sailing Agreement. mission and function statements for the mechanisms, in establishing and Parties: Crowley Latin America National Center for Chronic Disease maintaining chronic disease prevention Services, LLC and Dole Ocean Cargo Prevention and Health Promotion (CUC) and health promotion programs; (7) Express, LLC. and insert the following: provides training and technical Filing Party: Wayne Rohde; Cozen National Center for Chronic Disease consultation and assistance to states and O’ Connor. Prevention and Health Promotion localities in planning, establishing, Synopsis: The amendment revises the (CUC). The National Center for Chronic maintaining, and evaluating prevention language of Article 5(c) to clarify that Disease Prevention and Health and control strategies for selected the parties do not have authority to Promotion (NCCDPHP) plans, directs, chronic disease and health promotion contract jointly with terminals and and coordinates a national program for activities; (8) fosters collaboration and stevedores. the prevention of premature mortality, coordination of chronic disease Proposed Effective Date: 6/29/2021. prevention and health promotion Location: https://www2.fmc.gov/ morbidity, and disability due to heart disease, cancer, stroke, diabetes, activities across the Center by leading FMC.Agreements.Web/Public/ and facilitating join planning, AgreementHistory/569. arthritis, oral disease and other major chronic diseases, conditions, and consultation, program management and Agreement No.: 012453–001. adverse health outcomes, including evaluation, and technical assistance to Agreement Name: MOL/NMCC/KL reproductive outcomes, and the state, tribal, local and territorial Space Charter Agreement. partners; (9) provides technical Parties: Mitsui O.S.K. Lines, Ltd.; prevention of associated major risk factors, including tobacco use, poor consultation and assistance to other Nissan Motor Car Carrier Co., Ltd.; and nations in the development and Kawasaki Kisen Kaisha, Ltd. nutrition, and physical inactivity; and promotes the overall health of the implementation of programs related to Filing Party: Rebecca Fenneman; chronic disease prevention and health Jeffrey/Fenneman Law and Strategy population across the life span, and the health of population subgroups with promotion, and selected adverse PLLC. reproductive outcomes; and (10) in Synopsis: The amendment revises the disproportionate burdens of chronic carrying out the above functions, name of the Agreement; removes WLS diseases, conditions and risk factors. In collaborates as appropriate with other as a party to the agreement; and removes carrying out this mission, the Center: (1) CDC components, other U.S. Public all authority to jointly negotiate or Plans, directs, and supports population- Health Service (PHS) agencies, domestic procure terminal services in the United based policy, environmental, and international public health States. programmatic and infrastructure Proposed Effective Date: 6/29/2021. interventions to promote population agencies, and voluntary and Location: https://www2.fmc.gov/ health and well-being, increase healthy professional health organizations. FMC.Agreements.Web/Public/ life expectancy, improve quality of life, Office of the Director (CUC1). (1) AgreementHistory/1937. increase productivity, and reduce health Manages, directs, coordinates, and care costs; (2) provides national and evaluates the national and international Dated: June 30, 2021. international leadership in the activities and programs of NCCDPHP; Rachel E. Dickon, development, implementation, (2) develops goals and objectives and Secretary. evaluation, and dissemination of provides leadership, policy formulation, [FR Doc. 2021–14317 Filed 7–2–21; 8:45 am] effective programs for chronic disease scientific oversight, and guidance in BILLING CODE 6730–02–P prevention, risk factor reduction, and program planning and development; (3) health promotion; (3) plans, develops, coordinates expert consultation and implements, maintains and assistance provided by NCCDPHP to DEPARTMENT OF HEALTH AND disseminates information for action other CDC components, other PHS HUMAN SERVICES from surveillance systems to monitor agencies, and federal, state, tribal, local and understand the distribution of and territorial government agencies, Centers for Disease Control and chronic diseases and conditions, and health care and related organizations, Prevention risk factors, and take appropriate action national and international health-related to address them; (4) conducts voluntary organizations, employers and Statement of Organization, Functions, epidemiologic and behavioral businesses, private sector organizations, and Delegations of Authority investigations and demonstrations and other nations, and facilitates Part C (Centers for Disease Control related to major health behaviors, collaboration with these entities; (4) and Prevention) of the Statement of including tobacco use, nutrition, family provides and coordinates science and Organization, Functions, and planning, alcohol use, and physical administrative support services for Delegations of Authority of the activity in conjunction with state, tribal, NCCDPHP programs, including Department of Health and Human local and territorial health agencies, guidance and coordination for grants, Services (45 FR 67772–76, dated academic institutions, national, state cooperative agreements, and other October 14, 1980, and corrected at 45 FR and local partners and community assistance and acquisition mechanisms; 69296, October 20, 1980, as amended organizations; (5) plans, directs, and (5) works with programs to implement most recently at 86 FR 7725, dated conducts epidemiologic and evaluative Center-wide budgets in accordance to February 2, 2021) is amended to reflect investigations and interventions to operating plans for strategic goals and the reorganization of the National improve health care access, utilization, tactical objectives managing funding for Center for Chronic Disease Prevention and quality of health services in order intramural and extramural programs, and Health Promotion, Deputy Director to better prevent and control chronic projects and activities; (6) develops, and for Non-Infectious Diseases, Centers for diseases, conditions, and selected executes Center-wide financial Disease Control and Prevention. adverse reproductive outcomes, and planning, budgeting, monitoring, and Section C–B, Organization and reduce health risk behaviors; (6) serves reporting for end of fiscal year close-out Functions is hereby amended as as the primary focus for assisting states (7) provides support and quality follows: and localities through grants, assurance functions for human subjects
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protection, scientific clearance of coordinates, and implements training system and coordinates NCCDPHP’s use information products produced by the for the divisions’ administrative of the CDC publication distribution Center, and plans, develops, and personnel; (5) provides guidance, facility; (14) manages and coordinates coordinates extramural research support, and assistance in recruitment, scientific and public affairs clearance of activities in cooperation with centers, staff development, conflict resolution, NCCDPHP print and non-print divisions, and offices; (8) provides and personnel issues management and materials, ensuring adherence to and support and coordination for ongoing (6) in the conduct of these activities, consistency with CDC and HHS internal and external review of scientific maintains liaison with other CDC information and publication policies and programmatic activities and ensures components, Department of Health and and guidelines; (15) manages CDC logo compliance with relevant rules, Human Services (HHS), and other licensing and co-branding requests from regulations and guidance documents; (9) federal agencies. external partner organizations involving coordinates, manages, and supports Office of Communication (CUC15). (1) NCCDPHP divisions and programs; (16) analyses of surveillance systems and Plans, develops, conducts, and represents NCCDPHP on committees, activities in support of programs carried evaluates cross-cutting communication workgroups, and at conferences relating out by various NCCDPHP components; projects and campaigns to inform to health communication activities; and (10) coordinates the recruitment, media, health professionals, and the (17) manages internal NCCDPHP assignment, technical supervision, and public about preventing chronic communications. career development of staff, including diseases and promoting healthy Office of Informatics and Information Resources Management (CUC16). (1) field assignees, with emphasis on goals behaviors; (2) provides media, Provides leadership, direction, for affirmative action; (11) provides communication, and marketing support coordination, support and assistance to technical information services to to NCCDPHP’s divisions and programs; NCCDPHP programs and activities to facilitate dissemination of significant (3) facilitates cross-division enhance the strategic position in public information to NCCDPHP staff, various coordination of health communication health informatics, information federal, state, and local health agencies, activities, sharing of lessons learned, technology, and other information areas professional and voluntary and development of best practices; (4) to optimize operational effectiveness; (2) organizations, and through them to serves as primary liaison between selected target populations; and (12) provides management oversight of NCCDPHP and CDC’s Office of the supports ongoing publication of NCCDPHP’s information technology (IT) Associate Director for Communication Preventing Chronic Disease as a investments and initiatives; (3) manages on communication and marketing resource for public health professionals. NCCDPHP’s IT budget development and Office of Public Health Practice science and its associated research and review processes; plans and directs the (HCUC12). (1) Supports program practice; (5) prepares CDC and HHS Capital Planning Investment Control collaboration and increases press releases and media advisories, processes; (4) provides consultation and effectiveness and efficiency of program responds to Center-level media support for NCCDPHP data efforts; (2) develops goals and objectives inquiries, and coordinates and clears management, systems development, and and provides leadership, policy division-level media inquiries; (6) information security need; (5) manages formulation, scientific oversight, and provides media relations support and NCCDPHP compliance with Federal guidance in program planning and training to NCCDPHP scientists and Information Security Management development; (3) coordinates the Center communication specialists; (7) manages Agency (FISMA), OMB, HHS, CDC and framework for outcome-based program a centralized system for tracking and other cybersecurity standards, practices performance; (4) assesses and analyzing media coverage of NCCDPHP and policies; (6) facilitates cross- strengthens existing staff skills and issues and data releases; (8) assesses division coordination of informatics and identifies and addresses gaps in critical each newly division-cleared NCCDPHP information technology activities, leadership, technical, management and eClearance item (journal articles, sharing of lessons learned, and administrative workplace needs; (5) MMWRs, internet content, reports/ development of best practices; (7) serves oversees and develops guidance for books and book chapters, and as primary liaison between NCCDPHP NCCDPHP employee recognition efforts; presentation abstracts and and CDC’s Office of the Chief (6) coordinates and evaluates promising presentations) for any further needed Information Officer on IT infrastructure, collaborative practices and structures clearance review (such as cross-division shared services rollout, software that more efficiently demonstrate or cross-CIO clearance, center policy or acquisitions, and trainings; strategic sharing of resources across communications review, CDC Office of cybersecurity and marketing science NCCDPHP programs, and (7) Science review); (9) provides technical and its associated research and practice; coordinates the Center efforts to identify writer-editor support to NCCDPHP (8) represents NCCDPHP on committees, opportunities to train and develop new scientific authors; (10) develops, workgroups, and at conferences relating public health staff experts for the designs, and coordinates the publication to public health informatics and nation. of digital and print materials, such as information technology activities; and Office of Administrative Services fact sheets, newsletters, speeches and (9) plans, develops, manages, and (CUC13). (1) provides leadership, presentations, exhibits, podcasts, and conducts oversight of NCCDPHP’s planning, coordination, advice, and educational videos; (11) manages information technology and services guidance in the execution and NCCDPHP’s website and Intranet and contracts. maintenance of the Center’s coordinates scheduling and production Office of Policy, Planning, and administrative functions; (2) plans, of chronic-disease-related weekly Partnerships (CUC17). (1) Provides develops, and implements Center-wide features for main CDC website; (12) analysis of and guidance to Center policies, procedures, and practices for manages, maintains, and supports the leadership and division staff on policy, administrative management; (3) development and publication of evaluation and legislative issues (2) provides and coordinates Center-wide awardee success stories in a public- provides programmatic and budgetary administrative management and support facing internet application; (13) information related to the Center’s services for personnel, travel, and other responds to cross-cutting public activities to internal and external administrative areas; (4) plans, inquiries as part of the CDC–INFO stakeholders and policymakers; (3)
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develops center-wide planning, organizations, PHS agencies, and related units in the division, state health evaluation and budget documents; (4) voluntary, international, and departments, and national and monitors developments in chronic professional health organizations. international non-profit and for profit disease policy; and (5) develops policy Office of the Director (CUCC1). (1) organizations; and (9) establishes competencies throughout the Center. Establishes and interprets policies and collaborative partnerships with public Office of Medicine and Science determines program priorities; (2) and private organizations of national (CUC1B). (1) Provides support, provides leadership and guidance in and international stature. coordination and guidance to NCCDPHP program planning and development, Cancer Surveillance Branch (CUCCC). programs to improve science quality, program management, program (1) Collects complete, timely, and science administration, and scientific evaluation, budget development, and accurate cancer surveillance data to reporting, and to integrate health care division operations; (3) monitors inform cancer care and interventions, and public health; (2) oversees scientific progress toward achieving division plan cancer control programs, and clearance, research, misconduct, and objectives and assessing the impact of inform health policy; (2) support central regulatory compliance, and includes the programs; (4) insures that division cancer registry capacity to implement Extramural Research Program activities are coordinated with other advanced and innovative surveillance Operations and Services; (3) promotes components of CDC both within and activities; (3) provides technical support and fosters linkages to improve outside the Center; with federal, state to states for the planning, partnerships between health care and and local agencies; and related implementation, and evaluation of public health programs; (4) works to voluntary and professional population-based statewide central improve measurement of health organizations; (5) coordinates division cancer registries; (4) collaborates with intervention processes and outcomes; responses to requests for technical states and national organizations to set and (5) promotes the open exchange of assistance or information on primary and implement standards for data information and knowledge among and secondary cancer prevention quality, timeliness, and completeness researchers, practitioners, and others practices, behaviors and policies, for cancer case reporting; (5) assists who strive to improve public health including division activities and states to ensure high quality, complete through the quarterly publication of programs; (6) provides administrative and timely cancer surveillance data to Preventing Chronic Disease. and logistic support for division field be collected and submitted and to Division of Cancer Prevention and staff; (7) develops and produces utilize cancer surveillance data to Control (CUCC). (1) Plans, directs, and communications tools and public affairs describe the state and national disease supports prevention, early detection, strategies to meet the needs of division burden, evaluate cancer control and control programs for cancer, based programs and mission; (8) develops activities, and identify populations at upon policy, research, and public health health communication campaigns at the high risk of certain cancers; (6) provides practice; (2) directs, monitors, and national and state levels; (9) guides the technical assistance to states in the reports on activities associated with the production and distribution of print, design and implementation of systems implementation of Public Law 101–354: broadcast, and electronic materials, for for, and analysis of, surveillance ‘‘The Breast and Cervical Cancer use in programs at the national and state research related to cancer; (7) provides Mortality Prevention Act of 1990’’; (3) levels; and (10) provides leadership, technical assistance, education and plans, directs, and supports activities consultation and technical assistance on training to local, state, and national for monitoring the distribution and the health communication issues for cancer organizations in data collection and determinants of cancer morbidity, prevention and control. surveillance data systems; (8) supports survival, and mortality; (4) plans and Epidemiology and Applied Research and manages comprehensive database conducts epidemiologic studies and Branch (CUCCB). (1) Designs, systems to monitor progress of state evaluations to identify the feasibility implements, and analyzes research in cancer control programs; (9) and effectiveness of cancer prevention epidemiology, health services, applied disseminates high-quality data on all and control strategies; (5) develops economics, behavioral science and reportable incident cancer cases in a public health strategies and guidelines communications that contribute to timely manner for the purpose of cancer to form the basis for community scientific knowledge related to cancer prevention and control; (10) provide interventions in cancer prevention and prevention and control; (2) monitors leadership and expand collaborations control; (6) provides technical trends in the use of preventive services with other federal, state, local, consultation, assistance, and training to and behaviors which affect the risk of voluntary, professional, and state and local public health agencies in cancer incidence or mortality; (3) international organizations for all all components of early detection and conducts both qualitative and aspects of cancer surveillance; and (11) control programs for cancer; (7) quantitative research to identify the provides leadership and expertise in the provides technical assistance and determinants of cancer prevention and development and implementation of consultation to health care provider screening behaviors; (4) studies the use innovative electronic reporting of data organizations related to the improved and effectiveness of health care via electronic health records and data education, training, and skills in the resources allocated to the primary and systems. prevention, detection and control of secondary prevention of cancer; (5) Program Services Branch (CUCCD). selected cancers; (8) identifies problems, assesses the quality and appropriateness (1) Provides technical consultation and needs, and opportunities related to of screening, follow-up, and treatment guidance to public health agencies in modifiable behavioral and other risk for cancer discovered through early states, tribes and territories concerning factors, and recommends priorities for detection; (6) evaluates the effectiveness the development and implementation of health education, health promotion, and of programs sponsored by the Division high quality cancer early detection and cancer risk reduction activities; (9) of Cancer Prevention and Control control programs; (2) monitors, tracks, plans, develops and maintains (DCPC); (7) provides scientific and and evaluates program activities in surveillance systems in collaboration medical expertise to the division; (8) funded cancer screening and early with states and other Center provides technical assistance in detection programs; (3) establishes and components; and (10) coordinates research design and evaluation of cancer interprets policies and priorities in activities as appropriate with other CDC control programs to other organizational support of public health interventions
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for cancer screening and control; (4) departments, and national and basis for community interventions; and identifies and promotes effective international non-profit and for-profit (6) provides technical consultation and program management approaches and organizations; and directs, designs, assistance to national, state and local ensures performance-based distribution develops and conducts research projects organizations to implement and of public funds; (5) develops and to investigate evidence-based practice, evaluate cost effective interventions to maintains liaisons and collaborative prevention and control activities related reduce morbidity, mortality, and relationships with professional, to reducing the burden of cancer. disability. community, and voluntary agencies Division of Oral Health (CUCD). (1) Office of the Director (CUCG1). (1) involved in cancer control activities; (6) Monitors burden of oral diseases, risk Establishes and interprets policies and assists in the design, implementation, factors, preventive services, and other determines program priorities; (2) and monitoring of management associated factors; (2) supports public provides leadership and guidance in information systems for cancer health research that directly applies to strategic planning, budget formulation, screening and early detection programs, oral health policies and programs; (3) programmatic and scientific planning, and facilitates and coordinates the communicates timely and relevant development, and management, collection and evaluation of data from information to impact oral health administrative management and cancer screening and follow-up policy, practices, and programs; (4) operations of the division; (3) activities; (7) conducts research to supports the implementation and coordinates the monitoring and identify effective outreach and maintenance of effective strategies and reporting of division priorities, recruitment strategies for underserved interventions to reduce the burden of accomplishments, future directions, and populations; (8) plans, develops, oral diseases and conditions; (5) builds resource requirements; (4) leads and implements, disseminates and evaluates capacity and infrastructure for coordinates policy and partnership education and training programs for the sustainable, effective, and efficient oral activities; (5) provides leadership to the public and healthcare professionals health programs; (6) evaluates oral division for health communication regarding cancer detection and control; health programs to ensure that efforts, including developing health and (9) recruits, trains, and supervises implementation has been successful; (7) communication campaigns and program consultants and public health identifies and facilitates partnerships to managing web content; (6) provides advisors working with health support CDC’s strategic priorities for scientific oversight and support for departments to implement cancer oral health; (8) investigates and scientific quality and reporting; and (7) screening and early detection programs. diagnoses oral health hazards and coordinates division activities with outbreaks in the community; (9) other components of NCCDPHP and Comprehensive Cancer Control develops and advocates sound oral CDC, organizations in the public and Branch (CUCCG). (1) Provides technical public health policies; and (10) private sectors, and other federal consultation and guidance to states and translates and disseminates research agencies. public health agencies in all findings to develop, enhance, and guide Surveillance, Epidemiology, components of the early detection and programs, policies and strategies. Economics and Statistics Branch control programs for cancer; (2) Division of Diabetes Translation (CUCGB). (1) Conducts national monitors, tracks, and evaluates program (CUCG). In collaboration with surveillance of diabetes and its activities in state, tribal and territorial- NCCDPHP divisions, other CDC complications, including surveillance of based comprehensive cancer control components, other HHS agencies, state, the degree of diffusion and programs; (3) recruits, trains, and tribal, local and territorial government dissemination of preventive services supervises program consultants and agencies, academic institutions, and and the utilization of health care; (2) public health advisors working with voluntary and private sector identifies clinical, health services, and state, tribal and territorial health organizations, the Division of Diabetes public health research findings and departments to implement Translation: (1) Plans, directs, and technologies that have potential to comprehensive cancer control programs; coordinates a national program to prevent type 2 diabetes or manage (4) designs, implements, and analyzes prevent type 2 diabetes and reduce diabetes and its complications through research to identify effective cancer morbidity, mortality, disability, and cost public health avenues; (3) develops and control interventions to reach target associated with diabetes and its analyzes mathematical and economic populations; (5) plans, develops, and complications; (2) identifies, evaluates, models to project the burden of diabetes implements training programs for and implements programs and policies and prioritize effective interventions to comprehensive cancer control; (6) to prevent type 2 diabetes and manage prevent type 2 diabetes and manage develops and maintains liaison and diabetes through the translation of diabetes; (4) conducts epidemiologic collaborative relationships with evidence-based models and studies to identify high-risk population professional, community, and voluntary interventions for improved health care groups and other risk factors for agencies involved in comprehensive and self-care practices into widespread diabetes and its complications; (5) cancer control activities; (7) evaluates clinical and community practice; (3) conducts cost and cost-effectiveness the effectiveness of comprehensive conducts surveillance of diabetes, its analyses of type 2 diabetes prevention cancer control programs; and (8) complications, and the utilization of and diabetes management to prioritize provides technical assistance in health care and prevention resources to strategies for policy-makers; (6) provides research design and evaluation of monitor trends and evaluate program scientific and technical support to comprehensive cancer control programs impact on morbidity, mortality, division staff, state and local health to other organizational units within disability, and cost; (4) conducts agencies, and others in planning and Division of Cancer Prevention and epidemiologic studies and disseminates implementation of surveillance and Control (DCPC), across NCCDPHP, CDC, finding to identify and evaluate the effectiveness studies to reduce state health departments, and national feasibility and effectiveness of potential morbidity and mortality from diabetes; and international non-profit and for- prevention and control strategies at the and (7) collaborates with counterparts in profit organizations; provides scientific community level; (5) develops or other divisions, academic institutions, and medical expertise to DCPC, supports clinical and public health and other HHS agencies by conducting NCCDPHP, CDC, state health guidelines and strategies to form the national public health research projects
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and by providing technical assistance in Provides national and international other federal agencies, partners, and areas of epidemiology, surveillance, and leadership for chronic disease constituencies. economics. prevention and control and health Nutrition Branch (CUCHC). (1) Program Implementation Branch promotion in the areas of nutrition, Provides technical and subject matter (CUCGC). (1) Provides programmatic physical activity, and obesity; (2) plans expertise and training for state and leadership, guidance and consultation and implements surveillance to track community programs on policy, systems on a range of strategies to improve and analyze policy and environmental and environmental approaches related diabetes prevention and control indicators and behaviors related to to nutrition and obesity; (2) plans, programs in states, territories, tribes, nutrition, physical activity, and related coordinates, and conducts surveillance and local jurisdictions; (2) identifies, risk factors for obesity and other chronic activities in domestic and international develops, implements and evaluates diseases; (3) builds international, settings to assess nutrition practices, strategies to prevent type 2 diabetes and national, state, and local community food systems, and behavioral risks in manage diabetes through widespread expertise and capacity to plan, children, adolescents, and adults; (3) community practice and through the implement, and evaluate nutrition, analyzes, interprets, and disseminates application of policy and environmental physical activity, obesity prevention, data from surveys, surveillance interventions, health systems and other chronic disease risk factor activities, and epidemiologic studies interventions and community programs focused on reducing health related to nutrition and nutrition factors interventions; (3) provides leadership, disparities; (4) conducts epidemiologic affecting chronic disease; (4) designs, management and oversight for the and intervention studies related to implements, and evaluates National Diabetes Prevention Program; nutrition, physical activity, and obesity; epidemiologic studies and intervention (4) develops, implements and supports (5) develops and disseminates new projects for domestic and international work with vulnerable and disparate methods, guidelines, and application to address nutrition; (5) population groups; and (5) coordinates recommendations for effective nutrition, plans, coordinates, and conducts and collaborates with counterparts in physical activity, and obesity nutrition research and surveillance of other divisions, HHS agencies, academic prevention strategies in multiple policy and environmental strategies and institutions, and national and voluntary settings; (6) facilitates the translation interventions; (6) develops and organizations to improve public health and dissemination of practice- and disseminates nutrition guidelines and diabetes programs, practices, and research-tested findings into public recommendations for maternal and policies. health practice for optimal health child health, child growth and Translation, Health Education, and impact; (7) provides national leadership development, and prevention/reduction Evaluation Branch (CUCGD). (1) in health communications to promote of chronic disease; (7) designs and Synthesizes and translates a body of nutrition, physical activity, and obesity evaluates nutrition and obesity best science and practice that can be prevention and control, and integrates applied to various public health interventions; (8) provides nutrition communications, trainings, translation settings; (2) analyzes, disseminates, and expertise and consultation to develop and dissemination with overall program publishes data from diabetes programs and promote health communication efforts; and (8) collaborates across CDC to develop operational strategies for strategies; (9) coordinates cross- and with appropriate federal and state effective implementation of evidence- functional nutrition-related activities agencies, international/national/ based interventions; (3) prepares and across CDC; and (10) coordinates and community organizations, and others. disseminates products that translate collaborates with appropriate federal applied research, program evaluation, Office of the Director (CUCH1). (1) agencies, national and international and health economics science to state/ Provides leadership and direction in organizations, and other partners. local programs and others; (4) conducts establishing agency and division Physical Activity and Health Branch behavioral and implementation science priorities, strategies, programs, and (CUCHD). (1) Provides technical and research on approaches to improving policies; (2) plans and directs resources subject matter expertise and training for health equity and addressing social and activities in alignment with agency state and community programs on determinants of health in the context of and division goals and objectives; (3) policy, systems and environmental type 2 diabetes prevention and diabetes leads policy development efforts and approaches related to physical activity; management; (5) designs, evaluates, and analyses related to nutrition, physical (2) plans, coordinates, and conducts implements national health promotion activity, obesity, and health disparities; surveillance to assess levels of physical strategies directed toward health care (4) mobilizes and coordinates activity as well as determinants of professionals and systems, individuals partnerships and constituencies to build physical activity; (3) conducts with and at risk for diabetes, community a national infrastructure for nutrition epidemiologic research related to leaders, business, and general public; (6) and physical activity promotion and physical activity and its impact on evaluates program policies, plans, obesity prevention, and other chronic health, obesity, and chronic disease; (4) procedures, priorities, and guidelines disease risk factors to support the designs and evaluates physical activity being implemented in the field to reduction of health disparities; (5) and obesity interventions; (5) develops improve health, prevent or delay type 2 educates healthcare professionals, evidence-based guidelines and diabetes and reduce morbidity, businesses, communities, the general recommendations for physical activity; mortality, disability and costs associated public, and key decision-makers about (6) provides physical activity expertise with diabetes and its complications; and the importance of nutrition and physical and consultation to develop and (7) provides evaluation support for activity in preventing obesity and their promote health communication division programs, grants, and policies, impact on chronic disease and public strategies; (7) coordinates cross- including the design and evaluation of health; (6) monitors progress toward functional physical activity-related data collection instruments for achieving agency and division goals and activities across CDC; and (8) evaluation of programs and special objectives and assesses the impact of coordinates and collaborates with studies. programs; and (7) facilitates cross- appropriate federal agencies, national Division of Nutrition, Physical functional activities and operations and international organizations, and Activity, and Obesity (CUCH). (1) across CDC and in coordination with other partners.
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Obesity Prevention and Control Health: (1) Enhances the ability of and infant health practice guidelines Branch (CUCHG). (1) Provides technical others to identify and address and recommendations; and (5) considers and subject matter expertise and reproductive, pregnancy and infant the consequences of subfertility and training for state and community health issues by providing technical infertility on the health of women and programs on policy, systems and assistance, consultation, and training the infants conceived through infertility environmental approaches related to worldwide; (2) supports national and services. nutrition, physical activity, and obesity; state-based surveillance systems to Women’s Health and Fertility Branch (2) plans, coordinates, and conducts monitor trends and investigate health (CUCJE). (1) Conducts population-based surveillance to assess levels of healthy issues; (3) conducts epidemiologic, surveillance of maternal health, weight, overweight, and obesity and behavioral, and health services research; behaviors, and experiences that occur associated risk factors; (3) conducts and (4) works with partners to translate before, during, and after pregnancy, and research that utilizes data from surveys, research findings into health care uses survey and surveillance data to surveillance activities, and nutrition practice, public health policy, and monitor health-related indicators and and physical activity epidemiologic health promotion strategies. performance measure; (2) develops and studies related to overweight and Office of the Director (CUCJ1). (1) conducts research on access to obesity and associated risk factors; (4) Establishes and interprets policies; (2) reproductive health care and receipt of designs and evaluates nutrition, determines program priorities; (3) plans services; (3) conducts research on the physical activity and obesity division activities including the relationship between contraception and interventions; (5) develops and organization of personnel and the use of medical conditions including chronic disseminates guidelines and financial resources; (4) leads and and infectious diseases; (4) develops, recommendations for policy and coordinates policy and partnership evaluates, and disseminates environmental changes in multiples activities; (5) provides leadership to the recommendations and guidelines for settings; (6) provides nutrition, physical division for health communication reproductive health practice; and (5) activity and obesity expertise and efforts, including developing health collaborates with other CDC offices, consultation to develop and promote communication campaigns and state and national agencies, and health communication strategies; (7) managing web content; (6) provides professional organizations on research, coordinates cross-functional obesity- technical assistance and scientific public health surveillance, and related activities across CDC; and (8) leadership in areas of epidemiology, evaluation to promote women’s and coordinates and collaborates with surveillance, and economic analysis; (7) infant’s health and prevent unintended appropriate federal agencies, national establishes standards for quality control and teen pregnancy. and international organizations, and of studies and pilot projects; (8) Field Support Branch (CUCJG). (1) other partners. monitors progress toward achieving Assists domestic and international Program Development and Evaluation program objectives; (9) assesses the health agencies in health services Branch (CUCHH). (1) Provides technical impact of the division’s activities on management, health services research, and subject matter expertise and improved pregnancy outcomes and emergency preparedness, and training for state and community improved reproductive health of adults; translation of findings by providing programs on translation, (10) reports accomplishments, future technical assistance, including training, implementation and evaluation of directions, and resource requirements; analytical assistance, and consultation; policy, systems, and environmental (11) coordinates activities within the (2) builds epidemiology capacity in strategies for nutrition, physical activity, division and other units of NCCDPHP state, tribal, and urban maternal and obesity, and other chronic disease risk and CDC and with other agencies in the child health (MCH) organizations; (3) factors to reduce health disparities; (2) public and private sectors; and (12) partners with states, tribes, local and designs and conducts applied research, represents the division at official national MCH organizations, and federal evaluation, and translation activities professional and scientific meetings. agencies to improve maternal and child related to nutrition, physical activity, Maternal and Infant Health Branch health; (4) collaborates with programs obesity prevention, and other chronic (CUCJB). (1) Conducts surveillance, both inside and outside of CDC on disease risk factors to reduce health epidemiologic research, and reproductive, maternal and child health disparities; (3) coordinates and uses implementation science to examine and such as CDC’s Epidemic Intelligence research, guidelines, and evaluate health problems, programs, and Service (EIS), Field Epidemiology recommendations to develop and policies related to maternal and infant Training Program (FETP), Council of disseminate evidence-based health with particular emphases on State and Territorial Epidemiologists interventions and promising practices maternal and infant morbidity and (CSTE) and CDC’s Office of Public that support improved physical activity, mortality surveillance and prevention; Health Preparedness and Response; and nutrition, and healthy weight; (4) (2) consults with other CDC programs to (5) provides technical assistance and conducts behavioral and address maternal and infant health- expertise in reproductive, maternal, communications research to understand related issues with a special emphasis infant and perinatal health programs. knowledge, attitudes, and beliefs and on chronic diseases as they relate to Office on Smoking and Health achieve healthy behavior changes in pregnancy, pregnancy complications (CUCL). (1) Administers programs to populations; and (5) coordinates and and adverse birth outcomes; (3) inform Americans about the dangers of collaborates with appropriate federal provides technical assistance, tobacco use in order to reduce death and agencies, national and international consultation, and training to local, State, disability due to smoking and smokeless organizations, and other partners. and Federal agencies, universities and tobacco use; (2) promotes and stimulates Division of Reproductive Health other related governmental and non- research on the determinants and health (CUCJ). Promotes optimal and equitable governmental organizations on maternal effects of smoking and smokeless health in women and infants through and infant health-related problems; (4) tobacco use; (3) coordinates all PHS public health surveillance, research, serves as a primary Federal resource of research and educational programs and leadership, and partnership to move technical assistance and expertise in other HHS activities related to tobacco science to practice. In carrying out this surveillance, epidemiology, and and health; (4) establishes and mission, the Division of Reproductive behavioral research to inform maternal maintains liaison with other federal
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agencies, private organizations, state adviser to the Surgeon General of the internal OSH communication requests and local governments, and U.S. Public Health Service on all for web, writing/editing, presentation international agencies on matters related activities related to tobacco use and development, publication requests, to tobacco and health; (5) serves as a health, including the Surgeon General’s social media, and stock image requests; clearinghouse for the collection, Reports on Tobacco; (13) serves a (7) oversees mailing lists management, organization, and dissemination of data leading role in providing proactive and OSH conference exhibits; and (8) and associated information on all media outreach and media, health collaborates with other groups within aspects of tobacco and health; (6) professionals, and the general public CDC and HHS, and with other federal develops materials on tobacco use in with information on tobacco prevention agencies, as well as other professional, relation to health; (7) provides and control issues; (14) provides voluntary, international, and assistance for educational programs and leadership, coordination, and guidance professional health organizations. trainings on smoking and health; (8) to the division in advancing health Program Services Branch (CUCLD). (1) produces Congressionally mandated equity and eliminating commercial Provides technical consultation, reports to Congress; (9) conducts tobacco related health disparities; and assistance, and training to local, state, surveys, and coordinates and conducts (15) manages/leads and cultivates regional, and national organizations and epidemiologic studies related to tobacco partnerships. agencies in all components of tobacco use and tobacco control; (10) provides Epidemiology Branch (CUCLB). (1) prevention and control; (2) monitors staff support for a congressionally Conducts epidemiologic surveillance, and tracks program activities in state- mandated federal advisory committee research, and evaluations related to based chronic disease prevention and on smoking and health; (11) collects, tobacco prevention and control; (2) control programs; (3) recruits, trains, maintains, and analyzes information analyzes existing data sources, primarily and supervises project officers working provided by the tobacco industry on national surveys conducted by the with state and local health departments, cigarette additives and smokeless Office on Smoking and Health and other as well as local, state, regional, and tobacco additives and nicotine content federal agencies; (3) provides technical national organizations and agencies to pursuant to Public Laws 98–474 and and scientific assistance to researchers, implement tobacco control programs; (4) 99–252; (12) serves as a World Health health departments, and other health coordinates and provides consultation Organization (WHO) Collaborating professionals interested in performing to local, state, regional, and national Center on Smoking and Health; (13) specialized data collection or analyses training opportunities that facilitate serves as the lead HHS organization for related to smoking and tobacco use; (4) planning, development, and the Objectives for the Nation related to reviews and evaluates epidemiologic implementation of tobacco control smoking and health; and (14) provides studies on the health effects and initiatives; (5) assists in training, staff support to the Surgeon General on determinants of tobacco use; (5) providing technical assistance, and activities related to smoking and health. develops new methods and techniques disseminating information to leaders, for assessing the health effects and decision makers and program managers; Office of the Director (CUCL1). (1) determinants of tobacco use; (6) and (6) coordinates the collection of Manages, directs, coordinates, and monitors trends in tobacco use data from state and local programs to evaluates the activities of the Office on prevalence, economic costs, morbidity, monitor national progress toward the Smoking and Health (OSH); (2) develops and mortality attributable to tobacco cessation and prevention of tobacco use. goals and objectives for the office; (3) use; (7) conducts joint projects with Global Tobacco Control Branch provides leadership, scientific oversight, federal agencies, voluntary (CUCLE). (1) Strengthens global tobacco and guidance in program planning and organizations, state health departments, surveillance systems to monitor the development; (4) coordinates the and others involved in tobacco global tobacco epidemic in partnership development of policy related to prevention and control; (8) develops with other federal agencies, tobacco use and health in CDC, PHS, and produces publications on current international organizations, the private and HHS; (5) coordinates assistance to epidemiologic science of tobacco use sector and other components of CDC; (2) other CDC components; federal, state, and control; (9) conducts process, advances research to promote effective and local government agencies; the outcome and impact evaluation of tobacco control programs; (3) translates private sector; and other nations; (6) comprehensive tobacco control data to action; (4) increases country and stimulates additional research and programs and policies; conceives, regional capacity to plan, develop, program activity related to tobacco use conducts, analyzes and publishes implement, and evaluate comprehensive and health by other federal agencies, evaluation manuals, reports, and papers; tobacco control efforts; (5) strengthens international organizations, and public and (10) provides evaluation technical partnerships to leverage resources for and private organizations; (7) assistance to the National Tobacco efficient and sustainable tobacco control coordinates the OSH public information Control Programs. initiatives; (6) serves as a WHO program, technical information Health Communications Branch Collaborating Center for Global Tobacco program, and surveillance and (CUCLC). (1) Plans, develops, Surveillance; and (7) serves as the epidemiologic projects and studies; (8) implements and evaluates national designated Data Coordinating Center provides program management and tobacco education campaigns; (2) and depository of the Global Tobacco administrative support services; (9) provides internal and external Surveillance System data. serves as the lead for the Healthy People evidenced-based health communication Division for Heart Disease and Stroke Tobacco Use Objectives for the Nation; technical assistance to awardees and Prevention (CUCM). (1) Plans, directs, (10) collects and maintains information partners; (3) manages web and social and coordinates programs to reduce provided by the tobacco industry on media activities for the OSH; (4) morbidity, risk factors, costs, disability, cigarette additives and smokeless develops and maintains the Media mortality, and disparities associated tobacco additives and nicotine content; Campaign Resource Center and the with heart disease, stroke, and other (11) provides staff support for a Publication Catalog Ordering System; cardiovascular disease outcomes; (2) Congressionally-mandated federal (5) supports the promotion of Surgeon provides national leadership, technical advisory committee on smoking and General’s reports and other reports on assistance, expert consultation, and health; (12) serves as the principal tobacco use and health; (6) manages training to state and local health
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agencies in intervention, surveillance, the general public, key decision-makers, level; (9) provides scientific leadership evaluation, and communication or healthcare professionals, businesses and in the development, extension, and marketing activities related to communities about the importance of improvement of surveillance systems, implementing state programs, registries, and opportunities to prevent heart epidemiologic strategies, and/or service and other surveillance systems disease and stroke; (7) serves as co-lead to cardiovascular health programs; (10) associated with reducing and preventing for Healthy People heart disease and facilitates integration of epidemiology cardiovascular disease outcomes; (3) stroke objectives for the nation; (8) and surveillance across the division; implements surveillance systems and develops and produces communication and (11) provides leadership in conducts surveillance of outcomes and tools to meet the needs of division population health management by utilization of health care and prevention programs and mission; (9) develops describing the characteristics of public resources related to heart disease, health communication campaigns at the health and health care systems, stroke, high blood pressure, high national and state levels; (10) provides understanding enhancing quality cholesterol, and other cardiovascular leadership to the division for health improvement efforts by health providers disease to monitor trends and evaluate communication efforts; (11) provides and systems, and proposing methods to program impact on morbidity, mortality, administrative and management support take advantage of policy and payment risk factor improvement, cost, disability, for division activities; (12) reports structure changes for the improvement and disparities; (4) conducts accomplishments, future directions and of cardiovascular health of the nation. epidemiologic studies and disseminates resource requirements; and (13) Applied Research and Evaluation findings to identify emerging risk factors represents the division at official Branch (CUCMC). (1) Plans, develops, with potential for prevention and professional and scientific meetings. and implements projects related to applied research, program evaluation, control strategies; (5) conducts Epidemiology and Surveillance and health economics research; (2) prevention research studies and Branch (CUCMB). (1) Monitors the prepares scientific papers for disseminates findings to identify and epidemiology of cardiovascular disease publication in public health journals evaluate the feasibility and effectiveness risk factors, behaviors, outcomes, costs, and for presentation at national and of potential prevention and control barriers, awareness, access to care, international conferences, meetings and strategies in health care systems and at geographic variations and disparities; seminars on applied research, program the community level; (6) identifies, (2) prepares routine surveillance reports evaluation, and health economics implements, and evaluates programs to of national and state trends in prevent and control heart disease, research; (3) synthesizes and translates cardiovascular disease risk factors, a body of best science and practice that stroke, high blood pressure, high behaviors, outcomes, and disparities, cholesterol, other cardiovascular disease can be applied to various public health which includes the mapping of settings; (4) prepares and disseminates outcomes, and disparities through the geographic variations; (3) coordinates, translation and communication of best products that translate applied research, manages, and maintains the activities of program evaluation, and health practices in health care and risk factor the National Cardiovascular Disease prevention into widespread health economics science to state programs and Surveillance System, including the Data others; (5) implements a comprehensive systems policies and community Trends & Maps website, the Interactive changes; (7) collaborates with other division evaluation plan addressing all Atlas website, surveillance summaries, facets of division activities, including cardiovascular health related activities and research publications; (4) develops, state-based program evaluation, research at CDC; (8) maintains collaborative designs, implements, and evaluates new evaluation, and evaluation training relationships with public and private cardiovascular disease registries and needs; (6) provides applied research, sector organizations, academic other surveillance systems that address evaluation, and health economics institutions, or other groups involved in gaps in existing CDC surveillance expertise, technical assistance and the prevention and control of heart systems; (5) prepares epidemiologic and training to the division, center, CDC, disease, stroke, and other cardiovascular scientific papers for publication in and national and international partners; diseases or risk factors; and (9) provides medical and public health journals and and (7) implements demonstration and technical assistance and consultation to for presentation to national public pilot projects with state programs and other nations and to the WHO in the health and scientific conferences on others to put research into practice. global prevention and control of surveillance and epidemiologic Program Development and Services cardiovascular disease. findings; (6) identifies, investigates, Branch (CUCMD). (1) Provides Office of the Director (CUCM1). (1) implements, and evaluates new programmatic leadership and support Provides leadership and direction in surveillance methodologies and for prevention and control of heart establishing division priorities, technologies that involve electronic data disease, stroke, and related risk factors strategies, programs and policies; (2) abstraction and transfer to state and in states, territories, tribes and local plans and directs resources and national registries and spatial analysis; jurisdictions; (2) provides activities in alignment with division (7) proposes and serves as technical comprehensive technical advice and goals and objectives; (3) monitors advisors and project officers for assistance in planning, implementing progress toward achieving division epidemiologic research projects that fill and evaluating strategies to prevent and objectives and assessing impact of gaps in surveillance and intervention control heart disease, stroke, and related programs; (4) insures that division and investigates emerging risk factors risk factors through policy, systems, activities are coordinated with other that will lead to the prevention of environmental changes; (3) provides components of CDC both within and cardiovascular disease and the program policies and guidance outlining outside the center, with federal, state elimination of disparities in CDC’s role and the national goals and and local agencies, and related cardiovascular disease; (8) serves as objectives related to heart disease and voluntary and professional scientific and technical experts in stroke prevention; (4) provides technical organizations; (5) provides national cardiovascular disease epidemiology assistance to grantees on leadership in coordinating and and surveillance methodology to state implementation of evidence- and implementing activities that prevent health departments and to advisory practice-based interventions with heart disease and stroke; (6) educates groups as the national/international greatest reach and impact and potential
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to be taken jurisdiction wide; (5) data on chronic disease, risk factors and coordination related to the planning, provides technical assistance to enhance conditions; (2) focuses on population- implementation, and evaluation of coordination across chronic diseases to based strategies to address specific prevention research, research ensure that heart disease and stroke health outcomes within particular translation, and public health practice prevention planning and groups (e.g., healthy tribes, healthy and policy development to address implementation optimize collaboration aging, etc.) and settings (e.g., healthy national health priorities, including across chronic disease interventions; (6) schools); (3) advances the use of leading causes of death, chronic provides leadership and technical innovative data analytics, prevention diseases, and social determinants of expertise, in policy and system change, research, and evidence-based practices; health; (2) develops and manages health disparities, healthcare, worksite (4) provides national and international funding mechanisms that allow and community interventions to prevent leadership in coordinating and programs across CDC fund applied and control heart disease, stroke and implementing priorities and activities of public health research and translation related risk factors; (7) provides the division; (5) supports epidemiologic that provide evidence that contributes to leadership and technical expertise in and surveillance activities, training and achieving specific programmatic goals; women’s cardiovascular health, health intervention activities to promote and (3) supports the research, disparities and healthcare interventions population health and support the dissemination, translation, and for cardiovascular primary and development of state chronic disease promotion of innovative and cross- secondary prevention programs as it program capacity; (6) collaborates with cutting public health interventions, relates to the Well-Integrated Screening CDC divisions and programs, federal, programs, and policies that improve and Evaluation for Women Across the state, and local government agencies; physical, mental, and social dimensions Nation (WISEWOMAN) Program; (8) tribes, territories, and with national of health and quality of life of people in facilitates programmatic coordination partner organizations; and (7) advances community settings and workplaces, across the division, center, CDC to health equity among populations and through community and clinical address heart disease and stroke disproportionately affected by chronic partnerships. prevention; (9) works with national diseases, social determinants of health, Healthy Aging Branch (CUCPC). (1) partners to encourage policy and and associated risk factors. Directs and supports program activities systems changes and other actions Office of the Director (CUCP1). (1) that improve quality of life and reduce supportive of CDC and grantee work to Manages, coordinates, and evaluates the chronic pain and disability; improve prevent and control heart disease, stroke activities and programs of the division; access to and availability of appropriate and related risk factors; (10) reviews and (2) ensures that division activities are health care, evidence-based self- monitors cooperative agreements and coordinated with other components of management approaches, and contract; (11) serves as technical experts CDC, with federal, state, and local interventions; and enhance policies, in the implementation of policy government agencies, and with environments, and referral systems for systems, and environmental strategies voluntary and professional entities; (3) adults with arthritis; (2) directs and for health promotion and the prevention provides national leadership and supports program activities that and control of heart disease, stroke, and technical assistance on population promote brain and cognitive health; related risk factors for grantees and health surveillance, small area improve risk reduction activities; others within CDC and with partners; estimation, prevention research, healthy increase early detection and access to aging including Alzheimer’s and appropriate health care; improve (12) provides comprehensive training Arthritis, healthy schools, healthy systems that support caregivers; and expertise, including distance learning, tribes, Epilepsy, excessive alcohol use, reduce preventable hospitalizations for training seminars, meetings, how-to- Lupus, and social emotional health; (4) adults with Alzheimer’s disease or tools, promising practices documents, provides scientific oversight and related dementias; (3) develops, collects, and other materials to promote the strategic guidance of division and reports epidemiologic surveillance prevention of heart disease and stroke programmatic, surveillance, and measures; develops and evaluates and assist grantees with planning, research activities; (5) provides programs, policies, interventions, and implementing, and replicating administrative and management support referral systems to enhance local, state, interventions; (13) monitors for the division including guidance and and tribal public health capacity; and management information systems for logistics for personnel, including field promotes national public health action heart disease and stroke prevention staff; the use of financial resources; and for arthritis, cognitive decline, efforts to assess progress toward oversight of grants, cooperative Alzheimer’s disease, related dementias, achieving division and center goals; (14) agreements, contracts, and reimbursable and other unaddressed chronic obtains, analyzes and disseminates data agreements; (6) provides leadership and conditions of an aging population; and from interventions to develop technical assistance to partners to (4) develops and disseminates health operational strategies to encourage translate science and research into promotion and disease prevention replication of promising program public health practice to improve programs, communication messages and practices; (15) provides technical population health; (7) provides strategic materials, and public health information assistance on use of data for program guidance and coordination of policy, that address prevention and planning and priority setting, including issues management, and program and interventions, social determinants of addressing specific populations with partnership development activities; (8) health, rural health issues, and racial/ documented health disparities; (16) coordinates and supports division-wide ethnic disparities in an aging U.S. ensures products developed across the communication and policy needs; and population. division for grantees are appropriate and (9) supports the professional growth and Epidemiology and Surveillance supportive of priority work; and (17) development of all staff to build staff Branch (CUCPE). (1) Provides support to provides forums for grantees to ensure skills, knowledge, and expertise, and build national, state, and local public rapid spread of promising practices and promote experience. health capacity in epidemiology and lessons learned. Prevention Research and Translation surveillance to monitor chronic Division of Population Health (CUCP). Branch (CUCPB). (1) Provides conditions and risk factors for public (1) Delivers state-based and local level leadership, management, and health programs and decision making;
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(2) develops and applies spatial analytic children and adolescents; (6) (8) provides scientific leadership and and small area estimation methods to synthesizes and translates scientific guidance to surveillance programs to identify geographic variations in research to develop and disseminate assure highest scientific quality and chronic disease conditions and related guidance, tools, and resources to help professional standards related to BRFSS; risk factors for public health schools prevent chronic disease-related (9) provides leadership to CDC, states programming and decision making; (3) risks among children and adolescents; and other organizations to support provides public health leadership in the (7) supports efforts of national, state, effective and flexible population health prevention of excessive alcohol use and and local surveillance systems to surveillance, including rapidly other chronic disease risk factors monitor chronic disease-related health emerging public health issues and through public health surveillance, risk behaviors among youth, along with threats; and (10) provides administrative partnerships, and applied research for the policies, programs, and practices and management support, as required, translation into public health practice; schools implement to address those for states and territories including (4) provides public health leadership for health risk behaviors; (8) strengthens oversight of BRFSS and other grants, epilepsy and other chronic conditions efforts of national, state, and local cooperative agreements, and with significant impact on quality of life programs to provide high quality reimbursable agreements. through surveillance and epidemiologic professional development services to Retitle HIV Surveillance (CVJCE) to research, partnerships, applied research support school-based chronic disease HIV Surveillance Branch. and translation, and development and prevention policies, programs, and Retitle HIV Prevention Capacity and evaluation of programs and practices; (9) in accomplishing the Development Branch (CVJCH) to HIV interventions in order to expand the functions listed above, collaborates with Prevention Capacity Development reach of evidence-based programs and other components of CDC and HHS; the Branch. practices and improve quality of life; U.S. Department of Education, U.S. Dia Taylor, and (5) conducts strategic and Department of Agriculture, and other Chief Operating Officer (Acting), Centers for innovative scientific research on lupus federal agencies; national professional, Disease Control and Prevention. and other evolving and cross-cutting voluntary, and philanthropic [FR Doc. 2021–14341 Filed 7–2–21; 8:45 am] disease issues including determining organizations; international agencies; BILLING CODE 4160–18–P the burden, developing pilot programs and other organizations as appropriate; and assessing effectiveness of public and(10) assists other nations in reducing health approaches, and works with chronic disease-related health risks DEPARTMENT OF HEALTH AND national, state and local partners to among children and adolescents and in HUMAN SERVICES increase awareness, advance knowledge, implementing and improving school and inform public health and health health programs. Administration for Community Living care practice. Population Health Surveillance Reallotment of FY 2021 Funds: Puerto Healthy Schools Branch (CUCPG) (1) Branch (CUCPH). (1) Plans and directs Rico Supports state, local, territorial, and all activities related to the Behavioral tribal agencies and national non- Risk Factor Surveillance System AGENCY: Administration on Disabilities governmental organizations to develop, (BRFSS), the nation’s premier system of (AoD), Administration for Community implement, evaluate, and disseminate health surveys that collect state data Living (ACL), U.S. Department of Health school policy, systems, and about United States residents regarding and Human Services (HHS). environmental strategies and their health-related risk behaviors, ACTION: Notice of reallotment of FY 2021 interventions to improve the health of chronic health conditions, and use of funds. students and school staff by promoting preventive services; (2) coordinates healthy eating, physical activity, and a BRFSS surveillance activities across all SUMMARY: The Administration on tobacco-free lifestyle; (2) supports states and CDC programs; (3) provides Disabilities (AoD) intends to reallot implementation and evaluation of a support to build state capacity for funds under the authority of the coordinated approach to school health BRFSS survey operations, data Development Disabilities Assistance and best practices in health education; management, analysis, dissemination, and Bill of Rights Act of 2000 which physical education and other physical and use of the data by state agencies to states: ‘‘If the Secretary determines that activity programs; nutrition services; set public health priorities and monitor an amount of an allotment to a State for school health services; school public health programs; (4) develops a period (of a fiscal year or longer) will counseling, psychological, and social guidelines and criteria for the not be required by the State during the services; health promotion for staff; enhancement of behavioral risk factor period for the purpose for which the family and community involvement; surveys at the state and local levels; (5) allotment was made, the Secretary may and school health and safety policies delivers timely health data of high reallot the amount.’’ and environment; (3) provides validity and reliability to states, CDC DATES: Funds will be realloted after leadership and consultation on how scientists, the national public health August 13, 2021 and before September schools work and how to foster effective community, and the general public; (6) 30, 2021. collaboration between the public health supports and enhances analysis and FOR FURTHER INFORMATION CONTACT: and education sectors; (4) documents dissemination of information from the Allison Cruz, Office of Intellectual and and strengthens the scientific BRFSS to promote the broad use and Developmental Disabilities, associations among chronic disease- application of BRFSS results and Administration on Disabilities, related health risks, school-based health findings by policy and decision makers, Administration for Community Living, promotion initiatives, and academic public health professionals, and other 330 C St. SW, Washington, DC 20201. achievement; (5) evaluates school-based relevant audiences through Telephone (202) 795–7408. Email policy, systems, and environmental communication channels and formats [email protected]. Please note changes and interventions to improve appropriate to these constituencies; (7) the telephone number is not toll free. health behaviors and reduce chronic plans and coordinates cross cutting This document will be made available disease-related health risks among research related to survey methodology; in alternative formats upon request.
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Written correspondence can be sent to Place: National Center for Complementary Agenda: To review and evaluate grant Administration for Community Living, and Integrative Democracy, 6707 Democracy applications. U.S. Department of Health and Human Blvd., Bethesda, MD 20892 (Virtual Meeting). Place: National Institutes of Health, Services, 330 C St. SW, Washington, DC Contact Person: Martina Schmidt, Ph.D., Rockledge II, 6701 Rockledge Drive, Chief Office of Scientific Review, National Bethesda, MD 20892 (Virtual Meeting). 20201. Center for Complementary & Integrative Contact Person: Alyssa Todaro Brooks, SUPPLEMENTARY INFORMATION: AoD will Health, NIH, 6707 Democracy Blvd., Suite Ph.D., Scientific Review Officer, Center for be reallotting FY 2021 funds awarded to 401, Bethesda, MD 20892, 301–594–3456, Scientific Review, National Institute of the State Council on Developmental [email protected]. Health, 6701 Rockledge Drive, Room 1000F, Disabilities (SCDD) located within the (Catalogue of Federal Domestic Assistance Bethesda, MD 20892, (301) 827–9299, [email protected]. Commonwealth of Puerto Rico. This Program Nos. 93.213, Research and Training determination is based on the limited in Complementary and Alternative Medicine, (Catalogue of Federal Domestic Assistance National Institutes of Health, HHS) Program Nos. 93.306, Comparative Medicine; reported expenditures and requests for Dated: June 29, 2021. 93.333, Clinical Research, 93.306, 93.333, reimbursement over the last several 93.337, 93.393–93.396, 93.837–93.844, years from the SCDD in the Tyeshia M. Roberson-Curtis, 93.846–93.878, 93.892, 93.893, National Commonwealth of Puerto Rico. Program Analyst, Office of Federal Advisory Institutes of Health, HHS) Committee Policy. The Puerto Rico SCDD will have up Dated: June 29, 2021. [FR Doc. 2021–14281 Filed 7–2–21; 8:45 am] to $1.8 million rescinded and David W. Freeman, BILLING CODE 4140–01–P proportionately redistributed to the Program Analyst, Office of Federal Advisory remaining SCDDs. SCDDs that receive Committee Policy. FY 2021 realloted funds will have [FR Doc. 2021–14279 Filed 7–2–21; 8:45 am] through the end of FY 2022 to obligate DEPARTMENT OF HEALTH AND the funds and until the end of FY 2023 HUMAN SERVICES BILLING CODE 4140–01–P to liquidate the funds. Realloted funds National Institutes of Health for the SCDDs must be used according DEPARTMENT OF HEALTH AND to the terms as outlined in the FY 2021 Center for Scientific Review; Notice of HUMAN SERVICES Notice of Award for each program. Closed Meetings Jennifer G. Johnson, National Institutes of Health Pursuant to section 10(d) of the Deputy Commissioner, Administration on National Center for Complementary & Disabilities. Federal Advisory Committee Act, as amended, notice is hereby given of the Integrative Health; Notice of Closed [FR Doc. 2021–14314 Filed 7–2–21; 8:45 am] following meetings. Meeting BILLING CODE 4154–01–P The meetings will be closed to the Pursuant to section 10(d) of the public in accordance with the Federal Advisory Committee Act, as provisions set forth in sections DEPARTMENT OF HEALTH AND amended, notice is hereby given of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES following meeting. as amended. The grant applications and National Institutes of Health the discussions could disclose The meeting will be closed to the confidential trade secrets or commercial public in accordance with the National Center for Complementary & property such as patentable material, provisions set forth in sections Integrative Health; Notice of Closed and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Meeting individuals associated with the grant as amended. The grant applications and applications, the disclosure of which the discussions could disclose Pursuant to section 10(d) of the would constitute a clearly unwarranted confidential trade secrets or commercial Federal Advisory Committee Act, as invasion of personal privacy. property such as patentable material, amended, notice is hereby given of the and personal information concerning following meeting. Name of Committee: Center for Scientific individuals associated with the grant Review Special Emphasis Panel; Platelets The meeting will be closed to the and Red Blood Cells. applications, the disclosure of which public in accordance with the Date: July 14, 2021. would constitute a clearly unwarranted provisions set forth in sections Time: 11:00 a.m. to 1:00 p.m. invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant Name of Committee: National Center for as amended. The grant applications and applications. Complementary and Integrative Health the discussions could disclose Place: National Institutes of Health, Special Emphasis Panel; Exploratory Clinical confidential trade secrets or commercial Rockledge II, 6701 Rockledge Drive, Trials of Mind and Body Interventions (MB). property such as patentable material, Bethesda, MD 20892 (Virtual Meeting). Date: July 29, 2021. Contact Person: Ai-Ping Zou, MD, Ph.D., Time: 12:00 p.m. to 3:00 p.m. and personal information concerning Scientific Review Officer, Center for individuals associated with the grant Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. applications, the disclosure of which Health, 6701 Rockledge Drive, Room 4118, Place: National Center for Complementary would constitute a clearly unwarranted MSC 7814, Bethesda, MD 20892, 301–408– and Integrative, Democracy II, 6707 invasion of personal privacy. 9497, [email protected]. Democracy Blvd., Bethesda, MD 20892 Name of Committee: National Center for This notice is being published less than 15 (Virtual Meeting). Complementary and Integrative Health days prior to the meeting due to the timing Contact Person: SUSHMITA Purkayastha, Special Emphasis Panel; Center of Excellence limitations imposed by the review and Ph.D., Scientific Review Officer, Office of for Research on Complementary and funding cycle. Scientific Review, Division of Extramural Integrative Health (P01) (CERCIH). Name of Committee: Center for Scientific Activities, NCCIH/NIH, 6707 Democracy Date: July 30, 2021. Review Special Emphasis Panel; Member Boulevard, Suite 401, Bethesda, MD 20892– Time: 9:00 a.m. to 5:00 p.m. conflict: Topics in Adult Psychopathology. 5475 [email protected]. Agenda: To review and evaluate grant Date: July 30, 2021. (Catalogue of Federal Domestic Assistance applications. Time: 1:00 p.m. to 6:00 p.m. Program Nos. 93.213, Research and Training
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in Complementary and Alternative Medicine, Institute of Neurological Disorders and To facilitate public participation, we National Institutes of Health, HHS) Stroke, NIH, 6001 Executive Blvd., Suite are inviting public comment on the 3309, MSC 9531, Rockville, MD 20852, (301) Dated: June 29, 2021. issues to be considered by the Board as 496–9248, [email protected]. listed in the SUPPLEMENTARY Tyeshia M. Roberson-Curtis, Any interested person may file written INFORMATION Program Analyst, Office of Federal Advisory comments with the committee by forwarding section. Participants Committee Policy. the statement to the Contact Person listed on seeking to have their comments [FR Doc. 2021–14282 Filed 7–2–21; 8:45 am] this notice at least 10 days in advance of the considered during the meeting should BILLING CODE 4140–01–P meeting. The statement should include the submit them in advance or during the name, address, telephone number and when public comment segment. Comments applicable, the business or professional submitted up to 30 days after the DEPARTMENT OF HEALTH AND affiliation of the interested person. meeting will be included in the public Information is also available on the HUMAN SERVICES record and may be considered at the Institute’s/Center’s home page: next meeting. Comments submitted in www.ninds.nih.gov, where an agenda and National Institutes of Health any additional information for the meeting advance must be identified by Docket ID will be posted when available. FEMA–2008–0010 and may be National Institute of Neurological (Catalogue of Federal Domestic Assistance submitted by one of the following Disorders and Stroke; Notice of methods: Program Nos. 93.853, Clinical Research • Meeting Related to Neurological Disorders; 93.854, Federal eRulemaking Portal: http:// www.regulations.gov. Follow the Pursuant to section 10(d) of the Biological Basis Research in the instructions for submitting comments. Federal Advisory Committee Act, as Neurosciences, National Institutes of Health, HHS) • Electronic Delivery: Email Deborah amended, notice is hereby given of a Gartrell-Kemp at meeting of the National Advisory Dated: June 29, 2021. [email protected] no Neurological Disorders and Stroke Tyeshia M. Roberson-Curtis, later than August 25, 2021, for Council. Program Analyst, Office of Federal Advisory consideration at the August 31, 2021 The meeting will be open to the Committee Policy. meeting. public. Individuals who plan to [FR Doc. 2021–14283 Filed 7–2–21; 8:45 am] Instructions: All submissions received participate and need special assistance, BILLING CODE 4140–01–P must include the words ‘‘Federal such as sign language interpretation or Emergency Management Agency’’ and other reasonable accommodations, the Docket ID for this action. Comments should notify the Contact Person listed DEPARTMENT OF HOMELAND received will be posted without below in advance of the meeting. SECURITY alteration at http://www.regulations.gov, The meeting will be closed to the including any personal information public in accordance with the Federal Emergency Management provided. Agency provisions set forth in sections Docket: For access to the docket to 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [Docket ID FEMA–2008–0010] read background documents or as amended. The grant applications and comments received by the National Fire the discussions could disclose Board of Visitors for the National Fire Academy Board of Visitors, go to http:// confidential trade secrets or commercial Academy www.regulations.gov, click on property such as patentable material, ‘‘Advanced Search,’’ then enter and personal information concerning AGENCY: Federal Emergency Management Agency, DHS. ‘‘FEMA–2008–0010’’ in the ‘‘By Docket individuals associated with the grant ID’’ box, then select ‘‘FEMA’’ under ‘‘By ACTION: Committee management; notice applications, the disclosure of which Agency,’’ and then click ‘‘Search.’’ would constitute a clearly unwarranted of open federal advisory committee invasion of personal privacy. meeting. FOR FURTHER INFORMATION CONTACT: Alternate Designated Federal Officer: Name of Committee: National Advisory SUMMARY: The Board of Visitors for the Stephen Dean, telephone (301) 447– Neurological Disorders and Stroke Council. National Fire Academy (Board) will 1271, email Stephen.Dean@ Date: September 9–10, 2021. meet virtually on Tuesday, August 31, Open: September 9, 2021, 1:00 p.m. to 5:30 fema.dhs.gov. p.m. 2021. The meeting will be open to the Logistical Information: Deborah Agenda: Report by the Director, NINDS; public. Gartrell-Kemp, telephone (301) 447– Report by the Director, Division of DATES: The meeting will take place on 7230, email Deborah.GartrellKemp@ Extramural Activities; Administrative and Tuesday, August 31, 2021, 10:00 a.m. to fema.dhs.gov. Program Developments; and Overview of the 4:00 p.m. EDT. Please note that the SUPPLEMENTARY INFORMATION: The Board NINDS Intramural Program. meeting may close early if the Board has will meet virtually on Tuesday, August Open session will be videocast from this completed its business. link: https://videocast.nih.gov/. 31, 2021. The meeting will be open to Closed: September 10, 2021, 1:00 p.m. to ADDRESSES: Members of the public who the public. Notice of this meeting is 5:00 p.m. wish to participate in the virtual given under the Federal Advisory Agenda: To review and evaluate grant conference should contact Deborah Committee Act, 5 U.S.C. Appendix. applications. Gartrell-Kemp as listed in the FOR Closed: September 10, 2021, 5:00 p.m. to FURTHER INFORMATION CONTACT section Purpose of the Board 5:30 p.m. by close of business August 23, 2021, to The purpose of the Board is to review Agenda: To review and evaluate the obtain the call-in number and access annually the programs of the National Division of Intramural Research Board of code for the August 31st virtual Fire Academy (Academy) and advise the Scientific Counselors’ Reports. Place: National Institutes of Health, meeting. For more information on Administrator of the Federal Emergency Neuroscience Center, 6001 Executive Blvd., services for individuals with disabilities Management Agency (FEMA), through Rockville, MD 20852 (Virtual Meeting). or to request special assistance, contact the United States Fire Administrator, on Contact Person: Robert Finkelstein, Ph.D., Deborah Gartrell-Kemp as soon as the operation of the Academy and any Director of Extramural Research, National possible. improvements therein that the Board
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deems appropriate. In carrying out its DEPARTMENT OF HOUSING AND interested members of the public. responsibilities, the Board examines URBAN DEVELOPMENT Commenters should follow the instructions provided on that site to Academy programs to determine [Docket No. FR–7038–N–10] whether these programs further the submit comments electronically. basic missions that are approved by the 60-Day Notice of Proposed Information Note: To receive consideration as Administrator of FEMA, examines the Collection: Comprehensive Listing of public comments, comments must be physical plant of the Academy to Transactional Documents for submitted through one of the two determine the adequacy of the Mortgagors, Mortgagees and methods specified. Academy’s facilities, and examines the Contractors; Federal Housing FOR FURTHER INFORMATION CONTACT: John funding levels for Academy programs. Administration (FHA) Healthcare M. Hartung, Director, Policy, Risk The Board submits a written annual Facility Documents: Proposed Management and Lender Relations report through the United States Fire Revision of Information Collection; Division, Office of Residential Care Administrator to the Administrator of OMB Control No.: 2502–0605 Facilities, Office of Healthcare FEMA. The report provides detailed Programs, Office of Housing, U.S. AGENCY: Office of the Assistant Department of Housing and Urban comments and recommendations Secretary for Housing—Federal Housing regarding the operation of the Academy. Development, 1222 Spruce Street, Room Commissioner, HUD. 3.203, St. Louis, MO 63103–2836; Agenda ACTION: Notice. telephone (314) 418–5238 (this is not a toll-free number). Persons with hearing On Tuesday, August 31, 2021, there SUMMARY: HUD is seeking approval from or speech impairments may access this will be four sessions, with deliberations the Office of Management and Budget number through TTY by calling the toll- and voting at the end of each session as (OMB) for the revision of OMB free Federal Relay Service at (800) 877– necessary: Collection 2502–0605. HUD is 8339. proposing to remove from the collection 1. The Board will discuss United Copies of available documents Form HUD–90011t–ORCF, Lender States Fire Administration Data, submitted to OMB may be obtained Narrative—Operating Loss Loan Section from Ms. Pollard. Research, Prevention and Response. 232/223(d)—COVID. All other forms SUPPLEMENTARY INFORMATION: This 2. The Board will discuss deferred currently approved in OMB Collection notice informs the public that HUD is maintenance and capital improvements 2502–0605 remain unchanged and seeking approval from OMB for a on the National Emergency Training remain under the current expiration revision to an information collection. Center campus and Fiscal Year 2022 cycle of June 31, 2022. In accordance HUD is revising the information with the Paperwork Reduction Act, Budget Request/Budget Planning. collection to remove Form HUD–90011t- HUD is requesting comment from all 3. The Board will deliberate and vote ORCF, which was approved for use interested parties on the proposed on recommendations on Academy under the temporary Operating Loss collection of information. The purpose program activities to include Loan Section 232/223(d)—COVID of this notice is to allow for 60 days of developments, deliveries, staffing, and program. The temporary Operating Loss public comment. admissions. Loan Section 232/223(d)—COVID DATES: Comments Due Date: September program expires on August 31, 2021. 4. There will also be an update on the 7, 2021. Board of Visitors Subcommittee Groups ADDRESSES: Interested persons are A. Overview of Information Collection for the Professional Development invited to submit comments regarding Title of Information Collection: Initiative Update and the National Fire this notice. Communications must refer Comprehensive Listing of Transactional Incident Report System. to the above docket number and title. Documents for Mortgagors, Mortgagees There will be a 10-minute comment There are two methods for submitting and Contractors; Federal Housing period after each agenda item and each public comments: Administration (FHA) Healthcare speaker will be given no more than 2 1. Submission of Comments by Mail. Facility Documents: minutes to speak. Please note that the Comments may be submitted by mail to OMB Approval Number: 2502–0605. public comment period may end before the Regulations Division, Office of OMB Expiration Date: August 31, the time indicated following the last call General Counsel, Department of 2021. for comments. Contact Deborah Gartrell- Housing and Urban Development, Type of Request: Revision of currently Kemp to register as a speaker. Meeting 451 7th Street SW, Room 10276, approved collection 2502–0605. materials will be posted at https:// Washington, DC 20410–0500. Form Number: HUD–9001–ORCF, www.usfa.fema.gov/training/nfa/about/ 2. Electronic Submission of HUD–9001a–ORCF, HUD–9001b–ORCF, bov.html by August 24, 2021. Comments. Comments may be HUD–9001c–ORCF, HUD–9001d–ORCF, submitted electronically through the HUD–9001e–ORCF, HUD–9001f–ORCF, Eriks J. Gabliks, Federal eRulemaking Portal at HUD–9001g–ORCF, HUD–9001h–ORCF, Superintendent, National Fire Academy, www.regulations.gov. HUD strongly HUD–9001i–ORCF, HUD–9002–ORCF, United States Fire Administration, Federal encourages commenters to submit HUD–9003–ORCF, HUD–9004–ORCF, Emergency Management Agency. comments electronically. Electronic HUD–9005–ORCF, HUD–9005a–ORCF, [FR Doc. 2021–14352 Filed 7–2–21; 8:45 am] submission of comments allows the HUD–9006–ORCF, HUD–9007–ORCF, BILLING CODE 9111–74–P commenter maximum time to prepare HUD–9007a–ORCF, HUD–9009–ORCF, and submit a comment, ensures timely HUD–90010–ORCF, HUD–90011–ORCF, receipt by HUD, and enables HUD to HUD–9444–ORCF, HUD–90012–ORCF, make them immediately available to the HUD–90013–ORCF, HUD–90014–ORCF, public. Comments submitted HUD–90015–ORCF, HUD–90016–ORCF, electronically through the HUD–90017–ORCF, HUD–90018–ORCF, www.regulations.gov website can be HUD–90021–ORCF, HUD–9442–ORCF, viewed by other commenters and HUD–90023–ORCF, HUD–91123–ORCF,
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HUD–91124–ORCF, HUD–91125–ORCF, ORCF, HUD–94000A–ORCF, HUD– DEPARTMENT OF THE INTERIOR HUD–91127–ORCF, HUD–91129–ORCF, 94001A–ORCF. HUD–92328–ORCF, HUD–92403–ORCF, Description of the need for the Geological Survey HUD–92408–ORCF, HUD–92415–ORCF, information and proposed use: The [GX21LR000F60100; OMB Control Number HUD–92437–ORCF, HUD–92441–ORCF, issuance of this notice is modeled on 1028–0062/Renewal] HUD–92441a–ORCF, HUD–92442– the public review and input process that ORCF, HUD–92448–ORCF, HUD– HUD utilized in the establishment of the Agency Information Collection 92450–ORCF, HUD–92452–ORCF, healthcare facility documents for Activities; Industrial Minerals Surveys HUD–92452A–ORCF, HUD–92455– Section 232 of the National Housing Act AGENCY: Geological Survey, Interior. ORCF, HUD–92456–ORCF, HUD– (Section 232) program. On July 5, 2019, ACTION: 92479–ORCF, HUD–92485–ORCF, at 78 FR 16279, after solicitation of Notice of information collection; request for comment. HUD–92554–ORCF, HUD–93305–ORCF, comment, HUD published in the Federal Register a notice that HUD–95379–ORCF, HUD–2–ORCF, SUMMARY: In accordance with the HUD–935.2D–ORCF, HUD–941–ORCF, announced the approval of the Paperwork Reduction Act of 1995, we, HUD–9445–ORCF, HUD–9839–ORCF, healthcare facility documents under the the U.S. Geological Survey (USGS) are HUD–90022–ORCF, HUD–90024–ORCF, Paperwork Reduction Act of 1995 (44 proposing to renew an information HUD–91116–ORCF, HUD–91126–ORCF, U.S.C. 3501–3520) (PRA) and an collection. HUD–91130–ORCF, HUD–92000–ORCF, assignment of a control number, 2502– DATES: Interested persons are invited to HUD–92264a–ORCF, HUD–92434– 0605, by the Office of Management and Budget (OMB). submit comments on or before ORCF, HUD–90020–ORCF, HUD– September 7, 2021. 92322–ORCF, HUD–92211–ORCF, Respondents (i.e., affected public): ADDRESSES: Send your comments on HUD–92331–ORCF, HUD–92333–ORCF, 5,461. this information collection request (ICR) HUD–92335–ORCF, HUD–92337–ORCF, Estimated Number of Respondents: by mail to U.S. Geological Survey, HUD–92339–ORCF, HUD–92340–ORCF, 5,461. Information Collections Officer, 12201 HUD–92341–ORCF, HUD–92342–ORCF, Estimated Number of Responses: 26,225. Sunrise Valley Drive, MS 159, Reston, HUD–2205A–ORCF, HUD–91110– _ Frequency of Response: 708. VA 20192; or by email to gs-info ORCF, HUD–91111–ORCF, HUD– [email protected]. Please reference 91112–ORCF, HUD–91118–ORCF, Average Hours per Response: 5.21. Total Estimated Burden: 50,727. OMB Control Number 1028–0062 in the HUD–91710–ORCF, HUD–92023–ORCF, subject line of your comments. HUD–92070–ORCF, HUD–92071–ORCF, B. Solicitation of Public Comment FOR FURTHER INFORMATION CONTACT: To HUD–92223–ORCF, HUD–92323–ORCF, request additional information about HUD–92330–ORCF, HUD–92330A– This notice is soliciting comments this ICR, contact Elizabeth S. Sangine by ORCF, HUD–92420–ORCF, HUD– from members of the public and affected email at [email protected], or by 92435–ORCF, HUD–92466–ORCF, parties concerning the collection of telephone at 703–648–7720. HUD–92466A–ORCF, HUD–92468– information described in Section A on SUPPLEMENTARY INFORMATION: ORCF, HUD–94000–ORCF, HUD– the following: In 94000–ORCF–ADD, HUD–94000B– (1) Whether the proposed collection accordance with the Paperwork ORCF, HUD–94001–ORCF, HUD– of information is necessary for the Reduction Act of 1995, we provide the general public and other Federal 94001–ORCF–RI, HUD–9443–ORCF, proper performance of the functions of agencies with an opportunity to HUD–91071–ORCF, HUD–91128–ORCF, the agency, including whether the information will have practical utility; comment on new, proposed, revised, HUD–92412–ORCF, HUD–92414–ORCF, and continuing collections of HUD–92464–ORCF, HUD–92476–ORCF, (2) The accuracy of the agency’s information. This helps us assess the HUD–92476B–ORCF, HUD–92476C– estimate of the burden of the proposed collection of information; impact of our information collection ORCF, HUD–91117–ORCF, HUD– requirements and minimize the public’s 91725–ORCF, HUD–91725–INST– (3) Ways to enhance the quality, utility, and clarity of the information to reporting burden. It also helps the ORCF, HUD–91725–CERT–ORCF, be collected; and public understand our information HUD–92325–ORCF, HUD–1044–D– collection requirements and provide the ORCF, HUD–2537–ORCF, HUD–2747– (4) Ways to minimize the burden of the collection of information on those requested data in the desired format. ORCF, HUD–9250–ORCF, HUD–9807– who are to respond; including through We are soliciting comments on the ORCF, HUD–90019–ORCF, HUD– the use of appropriate automated proposed ICR that is described below. 90029–ORCF, HUD–90030–ORCF, collection techniques or other forms of We are especially interested in public HUD–90031–ORCF, HUD–90032–ORCF, information technology, e.g., permitting comment addressing the following HUD–90033–ORCF, HUD–92080–ORCF, electronic submission of responses. issues: (1) Is the collection necessary to HUD–92117–ORCF, HUD–92228–ORCF, HUD encourages interested parties to the proper functions of the USGS; (2) HUD–92266–ORCF, HUD–92266A– submit comment in response to these will this information be processed and ORCF, HUD–92266B–ORCF, HUD– questions. used in a timely manner; (3) is the 92417–ORCF, HUD–93332–ORCF, estimate of burden accurate; (4) how HUD–93333–ORCF, HUD–93334–ORCF, C. Authority might the USGS enhance the quality, HUD–93335–ORCF, HUD–93479–ORCF, Section 3507 of the Paperwork utility, and clarity of the information to HUD–93480–ORCF, HUD–93481–ORCF, Reduction Act of 1995, 44 U.S.C. be collected; and (5) how might the HUD–93486–ORCF, HUD–91116A– Chapter 35. USGS minimize the burden of this ORCF, HUD–92211A–ORCF, HUD– collection on the respondents, including 92323A–ORCF, HUD–92333A–ORCF, Janet M. Golrick, through the use of information HUD–92338–ORCF, HUD–92340A– Acting, Chief of Staff for the Office of Housing technology. ORCF, HUD–92420A–ORCF, HUD– Federal Housing Administration. Comments that you submit in 92434A–ORCF, HUD–92440–ORCF, [FR Doc. 2021–14322 Filed 7–2–21; 8:45 am] response to this notice are a matter of HUD–92467–ORCF, HUD–92467A– BILLING CODE 4210–67–P public record. We will include or
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summarize each comment in our request 21(a)), the Strategic and Critical SUPPLEMENTARY INFORMATION: Notice is to OMB to approve this ICR. Before Materials Stock Piling Act (50 U.S.C. 98 here given in accordance with the including your address, phone number, et seq.), and the Defense Production Act Native American Graves Protection and email address, or other personal (50 U.S.C. 2061 et seq.). Repatriation Act (NAGPRA), 25 U.S.C. identifying information in your 3003, of the completion of an inventory Michael Magyar, comment, you should be aware that of human remains and associated your entire comment—including your Associate Director, National Minerals funerary objects under the control of the Information Center, U.S. Geological Survey. personal identifying information—may Sam Noble Oklahoma Museum of be made publicly available at any time. [FR Doc. 2021–14252 Filed 7–2–21; 8:45 am] Natural History, University of While you can ask us in your comment BILLING CODE 4338–11–P Oklahoma, Norman, OK. The human to withhold your personal identifying remains and associated funerary objects information from public review, we were removed from Marshall County, DEPARTMENT OF THE INTERIOR cannot guarantee that we will be able to OK. This notice is published as part of the do so. National Park Service Abstract: Respondents to these forms National Park Service’s administrative supply the USGS with domestic responsibilities under NAGPRA, 25 production and consumption data for [NPS–WASO–NAGPRA–NPS0032221; U.S.C. 3003(d)(3). The determinations in PPWOCRADN0–PCU00RP14.R50000] industrial mineral commodities, some of this notice are the sole responsibility of the museum, institution, or Federal which are considered strategic and Notice of Inventory Completion: Sam agency that has control of the Native critical, to assist in determining Noble Oklahoma Museum of Natural American human remains and National Defense Stockpile goals. These History, University of Oklahoma, associated funerary objects. The data and derived information will be Norman, OK published as chapters in Minerals National Park Service is not responsible Yearbooks, monthly Mineral Industry AGENCY: National Park Service, Interior. for the determinations in this notice. Surveys, annual Mineral Commodity ACTION: Notice. Consultation Summaries, and special publications, for use by Government agencies, SUMMARY: The Sam Noble Oklahoma A detailed assessment of the human industry, education programs, and the Museum of Natural History (Museum) at remains was made by the Sam Noble Oklahoma Museum of Natural History general public. the University of Oklahoma has Title of Collection: Industrial Minerals completed an inventory of human professional staff in consultation with Surveys. remains and associated funerary objects, representatives of The Chickasaw OMB Control Number: 1028–0062. in consultation with the appropriate Nation and The Choctaw Nation of Form Number: Various (38 forms). Indian Tribes or Native Hawaiian Oklahoma. Type of Review: Extension of a organizations, and has determined that History and Description of the Remains currently approved collection. there is a cultural affiliation between the On April 2, 1942, human remains Respondents/Affected Public: human remains and associated funerary representing, at minimum, one Business or Other-For-Profit objects and present-day Indian Tribes or individual were removed from the Institutions: U.S. nonfuel minerals Native Hawaiian organizations. Lineal Wheeler Farm site (34Ma23) in Marshall producers and consumers of industrial descendants or representatives of any County, OK. The site was excavated by minerals. Public sector: State and local Indian Tribe or Native Hawaiian the Works Progress Administration governments. organization not identified in this notice under the direction of the University of Total Estimated Number of Annual that wish to request transfer of control Oklahoma, and the excavated materials Respondents: 14,610. of these human remains and associated were transferred to the Museum the Total Estimated Number of Annual funerary objects should submit a written same year. The human remains include Responses: 17,053. request to the Museum. If no additional a complete skeleton, probably male, 35– Estimated Completion Time per requestors come forward, transfer of 50 years old. No known individual was Response: For each form, we will control of the human remains and identified. The 77 associated funerary include an average burden time ranging associated funerary objects to the lineal objects are: One historic coarse from 10 minutes to 5 hours. descendants, Indian Tribes, or Native earthenware vessel, one ceramic pipe, Total Estimated Number of Annual Hawaiian organizations stated in this 36 faunal bones, two brass hooks with Burden Hours: 11,726. notice may proceed. Respondent’s Obligation: Voluntary. small leather fragments of a firearm Frequency of Collection: Monthly, DATES: Lineal descendants or holster, three brass rivets, nine brass Quarterly, Semiannually, or Annually. representatives of any Indian Tribe or buttons, one brass small rivet with Total Estimated Annual Non-hour Native Hawaiian organization not leather fragments still attached, two Burden Cost: There are no ‘‘non-hour identified in this notice that wish to unidentified brass fragments, five iron cost’’ burdens associated with this IC. request transfer of control of these buckles, three iron 4-holed buttons, one An agency may not conduct or human remains and associated funerary unidentified iron fragment, one iron sponsor, and a person is not required to objects should submit a written request butcher knife, one iron muzzle loading respond to, a collection of information with information in support of the pistol, one iron ramrod for the pistol, unless it displays a currently valid OMB request to the Museum at the address in one iron screw, one iron spoon (found control number. this notice by August 5, 2021. inside the vessel), and eight leather The authorities for this action are the FOR FURTHER INFORMATION CONTACT: Dr. fragments. Paperwork Reduction Act of 1995 (44 Marc Levine, Associate Curator of The Wheeler Farm Site is Historic in U.S.C. 3501 et seq), the National Archaeology, Sam Noble Oklahoma age (1830s–1870s). The site has been Materials and Minerals Policy, Research Museum of Natural History, University determined to be culturally affiliated and Development Act of 1980 (30 U.S.C. of Oklahoma, 2401 Chautauqua Avenue, with The Chickasaw Nation and The 1601 et seq.), the National Mining and Norman, OK 73072–7029, telephone Choctaw Nation of Oklahoma, based on Minerals Policy Act of 1970 (30 U.S.C. (405) 325–1994, email [email protected]. the location of the site, associated
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diagnostic cultural materials, historical DEPARTMENT OF THE INTERIOR Indiana, where they became part of a documentation, and information private collection of Native American provided by the consulting Indian National Park Service antiquities, art, and cultural heritage. In Tribes. [NPS–WASO–NAGPRA–NPS0032215; the spring of 2014, these items were PPWOCRADN0–PCU00RP14.R50000] seized by the FBI as part of a criminal Determinations Made by the Sam Noble investigation. The 12 items are Oklahoma Museum of Natural History Notice of Intent To Repatriate Cultural identified as catlinite pipes from the Items: Federal Bureau of Investigation, Swan Creek archeological site (39WW7), Officials of the Sam Noble Oklahoma Art Theft Program, Washington, DC a known ancestral Arikara and Mandan Museum of Natural History have village located on the Missouri River, in determined that: AGENCY: National Park Service, Interior. Walworth County, South Dakota. Based • Pursuant to 25 U.S.C. 3001(9), the ACTION: Notice. on information obtained during human remains described in this notice SUMMARY: The Federal Bureau of consultation with an official represent the physical remains of one Investigation (FBI), in consultation with representative of the Three Affiliated individual of Native American ancestry. the appropriate Indian Tribes or Native Tribes of the Fort Berthold Reservation, • Pursuant to 25 U.S.C. 3001(3)(A), Hawaiian organizations, has determined North Dakota, and on archeological the 77 objects described in this notice that the cultural items listed in this information contained in reports for the are reasonably believed to have been notice meets the definition of sacred Swan Creek site, the FBI has determined placed with or near individual human objects. Lineal descendants or that the pipes are culturally affiliated with that Indian Tribe. remains at the time of death or later as representatives of any Indian Tribe or part of the death rite or ceremony. Native Hawaiian organization not Determinations Made by the Federal identified in this notice that wish to • Bureau of Investigation Pursuant to 25 U.S.C. 3001(2), there claim these cultural items should is a relationship of shared group submit a written request to the FBI. If no Officials of the Federal Bureau of identity that can be reasonably traced Investigation have determined that: additional claimants come forward, • between the Native American human transfer of control of the cultural items Pursuant to 25 U.S.C. 3001(3)(C), remains and associated funerary objects to the lineal descendants, Indian Tribes, the 12 cultural items are specific The Chickasaw Nation and The or Native Hawaiian organizations stated ceremonial objects needed by traditional Choctaw Nation of Oklahoma. in this notice may proceed. Native American religious leaders for the practice of traditional Native DATES: Lineal descendants or Additional Requestors and Disposition American religions by their present-day representatives of any Indian Tribe or adherents. Native Hawaiian organization not Lineal descendants or representatives • Pursuant to 25 U.S.C. 3001(2), there identified in this notice that wish to of any Indian Tribe or Native Hawaiian is a relationship of shared group claim this cultural item should submit organization not identified in this notice identity that can be reasonably traced a written request with information in that wish to request transfer of control between the sacred objects and the support of the claim to the FBI at the of these human remains and associated Three Affiliated Tribes of the Fort address in this notice by August 5, 2021. funerary objects should submit a written Berthold Reservation, North Dakota. request with information in support of FOR FURTHER INFORMATION CONTACT: the request to Dr. Marc Levine, Federal Bureau of Investigation, FBI Additional Requestors and Disposition Associate Curator of Archaeology, Sam Headquarters, Attn: Supervisory Special Lineal descendants or representatives Noble Oklahoma Museum of Natural Agent Timothy Carpenter, Art Theft of any Indian Tribe or Native Hawaiian History, University of Oklahoma, 2401 Program, 935 Pennsylvania Avenue NW, organization not identified in this notice Washington, DC 20535, telephone (954) Chautauqua Avenue, Norman, OK that wish to claim these cultural items 931–3670, email [email protected]. 73072–7029, telephone (405) 325–1994, should submit a written request with SUPPLEMENTARY INFORMATION: email [email protected], by August 5, Notice is information in support of the claim to here given in accordance with the 2021. After that date, if no additional Federal Bureau of Investigation, FBI Native American Graves Protection and requestors have come forward, transfer Headquarters, Attn: Supervisory Special Repatriation Act (NAGPRA), 25 U.S.C. Agent Timothy Carpenter, Art Theft of control of the human remains and 3005, of the intent to repatriate cultural Program, 935 Pennsylvania Avenue NW, associated funerary objects to The items under the control of the Federal Washington, DC 20535, telephone (954) Chickasaw Nation and The Choctaw Bureau of Investigation, Washington, 931–3670, email [email protected], by Nation of Oklahoma may proceed. DC, that meet the definition of sacred August 5, 2021. After that date, if no The Sam Noble Oklahoma Museum of objects under 25 U.S.C. 3001. additional claimants have come Natural History is responsible for This notice is published as part of the forward, transfer of control of the sacred notifying The Chickasaw Nation and National Park Service’s administrative object to the Three Affiliated Tribes of The Choctaw Nation of Oklahoma that responsibilities under NAGPRA, 25 the Fort Berthold Reservation, North this notice has been published. U.S.C. 3003(d)(3). The determinations in Dakota may proceed. this notice are the sole responsibility of The Federal Bureau of Investigation is Dated: June 28, 2021. the museum, institution, or Federal responsible for notifying the Three Melanie O’Brien, agency that has control of the Native Affiliated Tribes of the Fort Berthold Manager, National NAGPRA Program. American cultural items. The National Reservation, North Dakota that this [FR Doc. 2021–14312 Filed 7–2–21; 8:45 am] Park Service is not responsible for the notice has been published. BILLING CODE 4312–52–P determinations in this notice. Dated: June 28, 2021. History and Description of the Cultural Melanie O’Brien, Items Manager, National NAGPRA Program. At an unknown date, 12 sacred [FR Doc. 2021–14308 Filed 7–2–21; 8:45 am] objects were acquired and transported to BILLING CODE 4312–52–P
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DEPARTMENT OF THE INTERIOR Consultation Wisconsin; St. Croix Chippewa Indians A detailed assessment of the human of Wisconsin; Stockbridge Munsee National Park Service remains was made by Michigan State Community, Wisconsin; and the Turtle [NPS–WASO–NAGPRA–NPS0032217; University professional staff in Mountain Band of Chippewa Indians of PPWOCRADN0–PCU00RP14.R50000] consultation with representatives of the North Dakota. Bay Mills Indian Community, Michigan; Hereafter, all Indian Tribes and Notice of Inventory Completion: Forest County Potawatomi Community, groups listed in this section are referred Michigan State University, East Wisconsin; Grand Traverse Band of to as ‘‘The Consulted and Notified Lansing, MI Ottawa and Chippewa Indians, Tribes and Groups.’’ AGENCY: National Park Service, Interior. Michigan; Hannahville Indian History and Description of the Remains ACTION: Notice. Community, Michigan; Keweenaw Bay Indian Community, Michigan; Lac On an unknown date, human remains SUMMARY: Michigan State University has Vieux Desert Band of Lake Superior representing, at minimum, one completed an inventory of human Chippewa Indians of Michigan; Little individual were removed from a mound remains in consultation with the River Band of Ottawa Indians, in LaPorte County, IN. The human appropriate Indian Tribes or Native Michigan; Little Shell Tribe of remains (registration number 6505 CW) Hawaiian organizations and has Chippewa Indians of Montana; Little were acquired by Eugene Davis who, in determined that there is no cultural Traverse Bay Bands of Odawa Indians, turn, gave the human remains to the affiliation between the human remains Michigan; Match-e-be-nash-she-wish Chamberlain Memorial Museum in and any present-day Indian Tribes or Band of Pottawatomi Indians of Three Oaks, Michigan. The Chamberlain Native Hawaiian organizations. Michigan; Miami Tribe of Oklahoma; Memorial Museum was founded in Representatives of any Indian Tribes or Minnesota Chippewa Tribe, Minnesota 1916, by Mr. Edward K. Warren. In Native Hawaiian organization not (Mille Lacs Band; White Earth Band); September of 1952, Michigan State identified in this notice that wish to Nottawaseppi Huron Band of the College Museum (now Michigan State request transfer of control of these Potawatomi, Michigan [previously listed University Museum) acquired the human remains should submit a written as Huron Potawatomi, Inc.]; Peoria Tribe contents of the Chamberlain Memorial request to Michigan State University. If of Indians of Oklahoma; Pokagon Band Museum from Fred P. Warren, President no additional requestors come forward, of Potawatomi Indians, Michigan and of the Board of Trustees of the E. K. transfer of control of the human remains Indiana; Saginaw Chippewa Indian Warren Foundation. to the Indian Tribes or Native Hawaiian Tribe of Michigan; Sault Ste. Marie The human remains belong to an organizations stated in this notice may Tribe of Chippewa Indians, Michigan; individual of unknown age and sex. No proceed. Wyandotte Nation; and two non- known individual was identified. No DATES: Representatives of any Indian federally recognized Indian groups, the associated funerary objects are present. Tribes or Native Hawaiian organization Burt Lake Band of Ottawa and Determinations Made by Michigan not identified in this notice that wish to Chippewa Indians, and the Grand River State University request transfer of control of these Band of Ottawa Indians. human remains should submit a written An invitation to consult was extended Officials of the Michigan State request with information in support of to the Absentee-Shawnee Tribe of University have determined that: the request to Michigan State University Indians of Oklahoma; Bad River Band of • Pursuant to 25 U.S.C. 3001(9), the at the address in this notice by August the Lake Superior Tribe of Chippewa human remains described in this notice 5, 2021. Indians of the Bad River Reservation, are Native American based on biological FOR FURTHER INFORMATION CONTACT: Wisconsin; Chippewa Cree Indians of evidence and lab records. Judith Stoddart, Associate Provost for the Rocky Boy’s Reservation, Montana • Pursuant to 25 U.S.C. 3001(9), the University Collections and Arts [previously listed as Chippewa-Cree human remains described in this notice Initiatives, Michigan State University, Indians of the Rocky Boy’s Reservation, represent the physical remains of one 466 W Circle Drive, East Lansing, MI Montana]; Citizen Potawatomi Nation, individual of Native American ancestry. 48824–1044, telephone (517) 432–2524, Oklahoma; Delaware Nation, Oklahoma; • Pursuant to 25 U.S.C. 3001(2), a email [email protected]. Delaware Tribe of Indians; Eastern relationship of shared group identity SUPPLEMENTARY INFORMATION: Notice is Shawnee Tribe of Oklahoma; Kickapoo cannot be reasonably traced between the here given in accordance with the Traditional Tribe of Texas; Kickapoo Native American human and any Native American Graves Protection and Tribe of Indians of the Kickapoo present-day Indian Tribe. Repatriation Act (NAGPRA), 25 U.S.C. Reservation in Kansas; Kickapoo Tribe • According to final judgments of the 3003, of the completion of an inventory of Oklahoma; Lac Courte Oreilles Band Indian Claims Commission or the Court of human remains under the control of of Lake Superior Chippewa Indians of of Federal Claims, the land from which Michigan State University, East Lansing, Wisconsin; Lac du Flambeau Band of the Native American human remains MI. The human remains were removed Lake Superior Chippewa Indians of the were removed is the aboriginal land of from LaPorte County, IN. Lac du Flambeau Reservation of the Citizen Potawatomi Nation, This notice is published as part of the Wisconsin; Minnesota Chippewa Tribe, Oklahoma; Forest County Potawatomi National Park Service’s administrative Minnesota (Bois Forte Band (Nett Lake); Community, Wisconsin; Hannahville responsibilities under NAGPRA, 25 Fond du Lac Band; Grand Portage Band; Indian Community, Michigan; Match-e- U.S.C. 3003(d)(3) and 43 CFR 10.11(d). Leech Lake Band); Ottawa Tribe of be-nash-she-wish Band of Pottawatomi The determinations in this notice are Oklahoma; Prairie Band Potawatomi Indians of Michigan; Nottawaseppi the sole responsibility of the museum, Nation [previously listed as Prairie Band Huron Band of the Potawatomi, institution, or Federal agency that has of Potawatomi Nation, Kansas]; Red Michigan [previously listed as Huron control of the Native American human Cliff Band of Lake Superior Chippewa Potawatomi, Inc.]; Pokagon Band of remains. The National Park Service is Indians of Wisconsin; Red Lake Band of Potawatomi Indians, Michigan and not responsible for the determinations Chippewa Indians, Minnesota; Shawnee Indiana; and the Prairie Band in this notice. Tribe; Sokaogon Chippewa Community, Potawatomi Nation [previously listed as
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Prairie Band of Potawatomi Nation, Connection. If no additional requestors Professor Mills, Curator of the Museum Kansas]. come forward, transfer of control of the of Archaeology at the Ohio • Treaties, Acts of Congress, or human remains to the lineal Archaeological and Historical Society at Executive Orders indicate that the land descendants, Indian Tribes, or Native the time, identify the human remains as from which the Native American human Hawaiian organizations stated in this those of an individual from the ‘‘Piegan remains were removed is the aboriginal notice may proceed. Tribe of Blackfeet, obtained from a tree land of The Consulted and Notified DATES: Lineal descendants or burial in Northern Montana.’’ Tribes. representatives of any Indian Tribe or • Pursuant to 43 CFR 10.11(c)(1), the Determinations Made by the Ohio Native Hawaiian organization not History Connection disposition of the human remains may identified in this notice that wish to be to The Consulted and Notified request transfer of control of these Officials of the Ohio History Tribes. human remains should submit a written Connection have determined that: • Pursuant to 25 U.S.C. 3001(9), the Additional Requestors and Disposition request with information in support of the request to the Ohio History human remains described in this notice Representatives of any Indian Tribe or Connection at the address in this notice represent the physical remains of one Native Hawaiian organization not by August 5, 2021. individual of Native American ancestry. identified in this notice that wish to • Pursuant to 25 U.S.C. 3001(2), there request transfer of control of these FOR FURTHER INFORMATION CONTACT: is a relationship of shared group human remains should submit a written Nekole Alligood, NAGPRA Specialist, identity that can be reasonably traced request with information in support of Ohio History Connection, 800 East 17th between the Native American human the request to Judith Stoddart, Associate Avenue, Columbus, OH 43211, remains and the Blackfeet Tribe of the Provost for University Collections and telephone (405) 933–7643, email Blackfeet Indian Reservation of Arts Initiatives, Michigan State [email protected]. Montana. University, 466 W Circle Drive, East SUPPLEMENTARY INFORMATION: Notice is Additional Requestors and Disposition Lansing, MI 48824–1044, telephone here given in accordance with the (517) 432–2524, email stoddart@ Native American Graves Protection and Lineal descendants or representatives msu.edu, by August 5, 2021. After that Repatriation Act (NAGPRA), 25 U.S.C. of any Indian Tribe or Native Hawaiian date, if no additional requestors have 3003, of the completion of an inventory organization not identified in this notice come forward, transfer of control of the of human remains under the control of that wish to request transfer of control human remains to The Consulted and the Ohio History Connection, of these human remains should submit Notified Tribes may proceed. Columbus, OH. The human remains a written request with information in Michigan State University is were removed from an unknown support of the request to Nekole responsible for notifying The Consulted location in Northern Montana. Alligood, NAGPRA Specialist, Ohio and Notified Tribes and Groups that this This notice is published as part of the History Connection, 800 East 17th notice has been published. National Park Service’s administrative Avenue, Columbus, OH 43211, Dated: June 28, 2021. responsibilities under NAGPRA, 25 telephone (405) 933–7643, email U.S.C. 3003(d)(3). The determinations in [email protected], by August 5, Melanie O’Brien, this notice are the sole responsibility of 2021. After that date, if no additional Manager, National NAGPRA Program. the museum, institution, or Federal requestors have come forward, transfer [FR Doc. 2021–14310 Filed 7–2–21; 8:45 am] agency that has control of the Native of control of the human remains to the BILLING CODE 4312–52–P American human remains. The National Blackfeet Tribe of the Blackfeet Indian Park Service is not responsible for the Reservation of Montana may proceed. determinations in this notice. The Ohio History Connection is DEPARTMENT OF THE INTERIOR responsible for notifying the Blackfeet Consultation National Park Service Tribe of the Blackfeet Indian A detailed assessment of the human Reservation of Montana that this notice [NPS–WASO–NAGPRA–NPS0032218; remains was made by the Ohio History has been published. PPWOCRADN0–PCU00RP14.R50000] Connection professional staff in Dated: June 28, 2021. consultation with representatives of the Notice of Inventory Completion: Ohio Melanie O’Brien, Blackfeet Tribe of the Blackfeet Indian History Connection, Columbus, OH Reservation of Montana. Manager, National NAGPRA Program. [FR Doc. 2021–14311 Filed 7–2–21; 8:45 am] AGENCY: National Park Service, Interior. History and Description of the Remains BILLING CODE 4312–52–P ACTION: Notice. On or before January 14, 1921, human SUMMARY: The Ohio History Connection remains representing, at minimum, one has completed an inventory of human individual were removed from an DEPARTMENT OF THE INTERIOR remains, in consultation with the unknown location in Northern Montana National Park Service appropriate Indian Tribes or Native by Dr. L.D. Frescoln of Philadelphia. On Hawaiian organizations and has January 20, 1921, Dr. Frescoln donated [NPS–WASO–NAGPRA–NPS0032216; determined that there is a cultural the human remains to the Ohio PPWOCRADN0–PCU00RP14.R50000] affiliation between the human remains Archaeological and Historical Society and present-day Indian Tribes or Native (now known as the Ohio History Notice of Inventory Completion: Illinois Hawaiian organizations. Lineal Connection). The human remains State Museum, Springfield, IL descendants or representatives of any belong to an individual of unknown age AGENCY: National Park Service, Interior. Indian Tribe or Native Hawaiian and sex. No known individual was ACTION: Notice. organization not identified in this notice identified. No associated funerary that wish to request transfer of control objects are present. SUMMARY: The Illinois State Museum of these human remains should submit Museum documentation and has completed an inventory of human a written request to the Ohio History correspondence from Dr. Frescoln to remains and associated funerary objects,
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in consultation with the appropriate History and Description of the Remains individuals of Native American Indian Tribes or Native Hawaiian In 1970, human remains representing, ancestry. • Pursuant to 25 U.S.C. 3001(3)(A), organizations, and has determined that at minimum, five individuals were the eight objects described in this notice there is a cultural affiliation between the removed from the Zimmerman site are reasonably believed to have been human remains and associated funerary (11LS13) in LaSalle County, IL, during placed with or near individual human objects and present-day Indian Tribes or archeological excavation by Dr. remains at the time of death or later as Native Hawaiian organizations. Lineal Margaret K. Brown on behalf of the part of the death rite or ceremony. descendants or representatives of any LaSalle County Historical Society, • Pursuant to 25 U.S.C. 3001(2), there Indian Tribe or Native Hawaiian Utica, IL. All five individuals were is a relationship of shared group organization not identified in this notice found in a single burial pit identified as identity that can be reasonably traced that wish to request transfer of control Feature 13. One individual was buried between the Native American human of these human remains and associated in an extended position and the others remains and associated funerary objects funerary objects should submit a written were buried in a bundle. The extended and the Peoria Tribe of Indians of request to the Illinois State Museum. If burial (Burial 23) was that of an infant. Oklahoma. no additional requestors come forward, The bundle contained the remains of an transfer of control of the human remains adult male 25–35 years old (Burial 24), Additional Requestors and Disposition and associated funerary objects to the two infants both around two years of age lineal descendants, Indian Tribes, or Lineal descendants or representatives (Burials 25A and 25B), and the partial of any Indian Tribe or Native Hawaiian Native Hawaiian organizations stated in skeleton of an adult female (Burial 26). this notice may proceed. organization not identified in this notice Based on skeletal traits and that wish to request transfer of control DATES: Lineal descendants or archeological context, these five of these human remains and associated representatives of any Indian Tribe or individuals have been determined to be funerary objects should submit a written Native Hawaiian organization not Native American. The human remains request with information in support of identified in this notice that wish to were housed at the LaSalle County the request to Dr. Brooke M. Morgan, request transfer of control of these Historical Society following Dr. Brown’s Curator of Anthropology, Illinois State human remains and associated funerary excavations. As early as the 1990s, they Museum, 1011 East Ash St., Springfield, objects should submit a written request were thought to be lost; in 2010, the IL 62703, telephone (217) 785–8930, with information in support of the collection was rediscovered. In 2011, email [email protected], by request to the Illinois State Museum at the human remains and associated August 5, 2021. After that date, if no the address in this notice by August 5, funerary objects were transferred to the additional requestors have come 2021. Illinois State Museum. No known forward, transfer of control of the FOR FURTHER INFORMATION CONTACT: Dr. individuals were identified. The eight human remains and associated funerary Brooke M. Morgan, Curator of associated funerary objects are seven objects to the Peoria Tribe of Indians of Anthropology, Illinois State Museum, blue glass beads and one cut deer Oklahoma may proceed. 1011 East Ash Street, Springfield, IL mandible that were found in association The Illinois State Museum is 62703, telephone (217) 785–8930, email with Burials 25A and/or 25B. responsible for notifying the Peoria [email protected]. The Zimmerman site, also known as Tribe of Indians of Oklahoma that this the Grand Village of the Kaskaskia and notice has been published. SUPPLEMENTARY INFORMATION: Notice is Grand Village of the Illinois State Dated: June 28, 2021. here given in accordance with the Historic Site, is a multicomponent pre- Native American Graves Protection and and post-contact village site located on Melanie O’Brien, Repatriation Act (NAGPRA), 25 U.S.C. the north bank of the Illinois River Manager, National NAGPRA Program. 3003, of the completion of an inventory opposite Starved Rock State Park. [FR Doc. 2021–14309 Filed 7–2–21; 8:45 am] of human remains and associated French Jesuit missionary Jacques BILLING CODE 4312–52–P funerary objects under the control of the Marquette and explorer Louis Jolliet Illinois State Museum, Springfield, IL. encountered the Grand Village on their The human remains and associated 1673 voyage up the Illinois River and DEPARTMENT OF THE INTERIOR funerary objects were removed from the documented it in their journals. The National Park Service Zimmerman archeological site in Grand Village of the Kaskaskia served as LaSalle County, IL. a large permanent summer residence for [NPS–WASO–NAGPRA–NPS0032222; This notice is published as part of the the Kaskaskia, Peoria, Cahokia, and PPWOCRADN0–PCU00RP14.R50000] National Park Service’s administrative other members of the Illinois Notice of Intent To Repatriate Cultural responsibilities under NAGPRA, 25 Confederation during the 17th century. Items: Spurlock Museum, University of U.S.C. 3003(d)(3). The determinations in European trade goods indicate the Illinois at Urbana-Champaign, Urbana, this notice are the sole responsibility of individuals from Feature 13 represent IL the museum, institution, or Federal post-contact burials of the Illinois agency that has control of the Native Confederation. The Illinois AGENCY: National Park Service, Interior. American human remains and Confederation’s present-day ACTION: Notice. associated funerary objects. The descendants are members of the Peoria National Park Service is not responsible Tribe of Indians of Oklahoma. SUMMARY: The Spurlock Museum, in for the determinations in this notice. consultation with the appropriate Determinations Made by the Illinois Indian Tribes or Native Hawaiian Consultation State Museum organizations, has determined that the A detailed assessment of the human Officials of the Illinois State Museum cultural items listed in this notice meet remains was made by the Illinois State have determined that: the definition of unassociated funerary Museum professional staff in • Pursuant to 25 U.S.C. 3001(9), the objects. Lineal descendants or consultation with representatives of the human remains described in this notice representatives of any Indian Tribe or Peoria Tribe of Indians of Oklahoma. represent the physical remains of five Native Hawaiian organization not
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identified in this notice that wish to found at archeological sites near the responsible for notifying The Tribes that claim these cultural items should California shore. this notice has been published. submit a written request to the Spurlock Museum records clearly indicate that Dated: June 28, 2021. the beads and pendants were taken from Museum. If no additional claimants Melanie O’Brien, come forward, transfer of control of the graves in the San Joaquin Valley. No Manager, National NAGPRA Program. cultural items to the lineal descendants, extant Museum records associate the Indian Tribes, or Native Hawaiian beads and pendants with human [FR Doc. 2021–14313 Filed 7–2–21; 8:45 am] organizations stated in this notice may remains. The Santa Rosa Indian BILLING CODE 4312–52–P proceed. Community of the Santa Rosa Rancheria, California provided the DATES: Lineal descendants or museum with maps and written INTERNATIONAL TRADE representatives of any Indian Tribe or ethnographic, archeological, linguistic, COMMISSION Native Hawaiian organization not and geographical information about the identified in this notice that wish to Yokuts and their inter-relationships Notice of Receipt of Complaint; claim these cultural items should with surrounding communities in the Solicitation of Comments Relating to submit a written request with territory where the unassociated the Public Interest information in support of the claim to funerary objects were discovered the Spurlock Museum at the address in AGENCY: U.S. International Trade including the Buena Vista Rancheria of this notice by August 5, 2021. Commission. Me-Wuk Indians of California and the ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Ione Band of Miwok Indians of Krystiana Krupa, NAGPRA Program California. SUMMARY: Notice is hereby given that Officer, University of Illinois at Urbana- the U.S. International Trade Determinations Made by the Spurlock Champaign, 412 Swanlund Commission has received a complaint Museum, University of Illinois at Administration Building, 601 E John entitled Certain Residential Premises Urbana-Champaign Street, MC–304, Champaign, IL 61822, Security Monitoring and Automation telephone (217) 244–2587, email Officials of the Spurlock Museum, Control Panels, and Components [email protected]. University of Illinois at Urbana- Thereof, DN 3555; the Commission is SUPPLEMENTARY INFORMATION: Notice is Champaign have determined that: soliciting comments on any public • Pursuant to 25 U.S.C. 3001(3)(B), here given in accordance with the interest issues raised by the complaint the 664 cultural items described above Native American Graves Protection and or complainant’s filing pursuant to the are reasonably believed to have been Repatriation Act (NAGPRA), 25 U.S.C. Commission’s Rules of Practice and placed with or near individual human 3005, of the intent to repatriate cultural Procedure. remains at the time of death or later as items under the control of the Spurlock part of the death rite or ceremony and FOR FURTHER INFORMATION CONTACT: Lisa Museum, University of Illinois at are believed, by a preponderance of the R. Barton, Secretary to the Commission, Urbana-Champaign, Urbana, IL, that evidence, to have been removed from a U.S. International Trade Commission, meet the definition of unassociated specific burial site of a Native American 500 E Street SW, Washington, DC funerary objects under 25 U.S.C. 3001. individual. 20436, telephone (202) 205–2000. The This notice is published as part of the • Pursuant to 25 U.S.C. 3001(2), there public version of the complaint can be National Park Service’s administrative is a relationship of shared group accessed on the Commission’s responsibilities under NAGPRA, 25 identity that can be reasonably traced Electronic Document Information U.S.C. 3003(d)(3). The determinations in between the unassociated funerary System (EDIS) at https://edis.usitc.gov. this notice are the sole responsibility of objects and the Buena Vista Rancheria For help accessing EDIS, please email the museum, institution, or Federal of Me-Wuk Indians of California; Ione [email protected]. agency that has control of the Native Band of Miwok Indians of California; General information concerning the American cultural items. The National and the Santa Rosa Indian Community Commission may also be obtained by Park Service is not responsible for the of the Santa Rosa Rancheria, California accessing its internet server at United determinations in this notice. (hereafter referred to as ‘‘The Tribes’’). States International Trade Commission (USITC) at https://www.usitc.gov. The History and Description of the Cultural Additional Requestors and Disposition public record for this investigation may Items Lineal descendants or representatives be viewed on the Commission’s On an unknown date, 664 cultural of any Indian Tribe or Native Hawaiian Electronic Document Information items were removed from the San organization not identified in this notice System (EDIS) at https://edis.usitc.gov. Joaquin Valley in California. On July 17, that wish to claim these cultural items Hearing-impaired persons are advised 1926 they were donated to the Museum should submit a written request with that information on this matter can be of Natural History at the University of information in support of the claim to obtained by contacting the Illinois at Urbana-Champaign by Elmer Krystiana Krupa, NAGPRA Program Commission’s TDD terminal on (202) J. Dawson of Lodi, CA. In 1998, they Officer, University of Illinois at Urbana- 205–1810. were transferred to the World Heritage Champaign, 412 Swanlund SUPPLEMENTARY INFORMATION: The Museum at the University of Illinois at Administration Building, 601 E John Commission has received a complaint Urbana-Champaign, which was renamed Street, MC–304, Champaign, IL 61822, and a submission pursuant to § 210.8(b) the Spurlock Museum in 2000. The 664 telephone (217) 244–2587, email of the Commission’s Rules of Practice unassociated funerary objects are both [email protected], by August 5, 2021. and Procedure filed on behalf of ADT cut and natural shell beads and After that date, if no additional LLC and The ADT Security Corporation pendants. Most of the shell is claimants have come forward, transfer on June 30, 2021. The complaint alleges unidentifiable except for a few beads of of control of the unassociated funerary violations of section 337 of the Tariff abalone (family Halioidae) and one objects to The Tribes may proceed. Act of 1930 (19 U.S.C. 1337) in the marine mussel (family Mytilidae). Both The Spurlock Museum, University of importation into the United States, the shells are consistent with the types Illinois at Urbana-Champaign is sale for importation, and the sale within
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the United States after importation of replies to any written submissions no inspection at the Office of the Secretary certain residential premises security later than three calendar days after the and on EDIS.3 monitoring and automation control date on which any initial submissions This action is taken under the panels, and components thereof. The were due. No other submissions will be authority of section 337 of the Tariff Act complainant names as a respondent: accepted, unless requested by the of 1930, as amended (19 U.S.C. 1337), Vivint, Inc. of Provo, UT. The Commission. Any submissions and and of §§ 201.10 and 210.8(c) of the complainant requests that the replies filed in response to this Notice Commission’s Rules of Practice and Commission issue a limited exclusion are limited to five (5) pages in length, Procedure (19 CFR 201.10, 210.8(c)). order, a cease and desist order, and inclusive of attachments. impose a bond upon respondent alleged By order of the Commission. infringing articles during the 60-day Persons filing written submissions Issued: June 30, 2021. Presidential review period pursuant to must file the original document Lisa Barton, electronically on or before the deadlines 19 U.S.C. 1337(j). Secretary to the Commission. stated above. Submissions should refer Proposed respondents, other [FR Doc. 2021–14356 Filed 7–2–21; 8:45 am] interested parties, and members of the to the docket number (‘‘Docket No. BILLING CODE 7020–02–P public are invited to file comments on 3555’’) in a prominent place on the any public interest issues raised by the cover page and/or the first page. (See complaint or § 210.8(b) filing. Handbook for Electronic Filing INTERNATIONAL TRADE Comments should address whether Procedures, Electronic Filing COMMISSION issuance of the relief specifically Procedures 1). Please note the requested by the complainant in this Secretary’s Office will accept only [Investigation Nos. 701–TA–526 and 731– investigation would affect the public electronic filings during this time. TA–1262 (Review)] health and welfare in the United States, Filings must be made through the competitive conditions in the United Commission’s Electronic Document Melamine From China States economy, the production of like Information System (EDIS, https:// or directly competitive articles in the edis.usitc.gov.) No in-person paper- Determinations United States, or United States based filings or paper copies of any 1 consumers. electronic filings will be accepted until On the basis of the record developed In particular, the Commission is further notice. Persons with questions in the subject five-year reviews, the United States International Trade interested in comments that: regarding filing should contact the Commission (‘‘Commission’’) (i) Explain how the articles Secretary at [email protected]. potentially subject to the requested determines, pursuant to the Tariff Act of remedial orders are used in the United Any person desiring to submit a 1930 (‘‘the Act’’), that revocation of the States; document to the Commission in countervailing duty and antidumping (ii) identify any public health, safety, confidence must request confidential duty orders on melamine from China or welfare concerns in the United States treatment. All such requests should be would be likely to lead to continuation relating to the requested remedial directed to the Secretary to the or recurrence of material injury to an orders; Commission and must include a full industry in the United States within a (iii) identify like or directly statement of the reasons why the reasonably foreseeable time. competitive articles that complainant, Commission should grant such Background its licensees, or third parties make in the treatment. See 19 CFR 201.6. Documents United States which could replace the for which confidential treatment by the The Commission instituted these subject articles if they were to be Commission is properly sought will be reviews on November 2, 2020 (85 FR excluded; treated accordingly. All information, 69359) and determined on February 5, (iv) indicate whether complainant, including confidential business 2021 that it would conduct expedited complainant’s licensees, and/or third information and documents for which reviews (86 FR 29594, June 2, 2021). party suppliers have the capacity to confidential treatment is properly The Commission made these replace the volume of articles sought, submitted to the Commission for determinations pursuant to section potentially subject to the requested purposes of this Investigation may be exclusion order and/or a cease and 751(c) of the Act (19 U.S.C. 1675(c)). It disclosed to and used: (i) By the completed and filed its determinations desist order within a commercially Commission, its employees and Offices, reasonable time; and in these reviews on June 30, 2021. The and contract personnel (a) for views of the Commission are contained (v) explain how the requested developing or maintaining the records remedial orders would impact United in USITC Publication 5210 (June 2021), of this or a related proceeding, or (b) in entitled Melamine from China: States consumers. internal investigations, audits, reviews, Written submissions on the public Investigation Nos. 701–TA–526 and and evaluations relating to the interest must be filed no later than by 731–TA–1262 (Review). programs, personnel, and operations of close of business, eight calendar days the Commission including under 5 By order of the Commission. after the date of publication of this U.S.C. Appendix 3; or (ii) by U.S. Issued: June 30, 2021. notice in the Federal Register. There government employees and contract Lisa Barton, will be further opportunities for 2 Secretary to the Commission. comment on the public interest after the personnel, solely for cybersecurity [FR Doc. 2021–14357 Filed 7–2–21; 8:45 am] issuance of any final initial purposes. All nonconfidential written determination in this investigation. Any submissions will be available for public BILLING CODE 7020–02–P written submissions on other issues must also be filed by no later than the 1 Handbook for Electronic Filing Procedures: 3 Electronic Document Information System https://www.usitc.gov/documents/handbook_on_ (EDIS): https://edis.usitc.gov. close of business, eight calendar days filing_procedures.pdf. 1 The record is defined in § 207.2(f) of the after publication of this notice in the 2 All contract personnel will sign appropriate Commission’s Rules of Practice and Procedure (19 Federal Register. Complainant may file nondisclosure agreements. CFR 207.2(f)).
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INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: Carbonera Los Asadores S.A. de C.V., COMMISSION Pathenia M. Proctor, The Office of Carr. Nacional KM 85, No. 1413, Col. Unfair Import Investigations, U.S. Centro, C.P. 67350, Allende, Nuevo [Investigation No. 337–TA–1269] International Trade Commission, Leo´n, Mexico Certain Electrolyte Containing telephone (202) 205–2560. Caribe Agencia Express, S.A. de C.V., Beverages and Labeling and SUPPLEMENTARY INFORMATION: Avenida Tulum 269, Manzana 3 Lote Packaging Thereof; Institution of Authority: The authority for 2 y 3 Local 02 y Sm 15 A, Avenida Investigation institution of this investigation is Acanceh y Avenida Tulum, Benito contained in section 337 of the Tariff Juarez, Quintana Roo 77500, Mexico AGENCY: U.S. International Trade Act of 1930, as amended, 19 U.S.C. Comercializadora Degu S.A. de C.V., Commission. 1337, and in section 210.10 of the Calle Anguila 106, Matamoros, ACTION: Notice. Commission’s Rules of Practice and Tamaulipas, C.P. 87398, Mexico Procedure, 19 CFR 210.10 (2020). Comercial Trevin˜ o de Reynosa, S.A. de SUMMARY: Notice is hereby given that a Scope of Investigation: Having C.V., Lib Mty Matamoros, Km. 7, S/N, complaint was filed with the U.S. considered the complaint, the U.S. Jacinto Lopez Ampliacion Av, San International Trade Commission on May International Trade Commission, on Rafael y Av Talleres, Reynosa, 6, 2021, under section 337 of the Tariff June 29, 2021, ordered that— Tamaulipas 88756, Mexico Act of 1930, as amended, on behalf of (1) Pursuant to subsection (b) of H & F Tech International S.A. de C.V., CAB Enterprises, Inc. of Houston, Texas section 337 of the Tariff Act of 1930, as Bernardo Reyes PTE 313, San Nicolas and Sueros y Bebidas Rehidratantes, amended, an investigation be instituted de los Garza Centro, Mariano S.A. de C.V. of Mexico. Supplements to determine whether there is a Matamoros y Calle Anastacio were filed on May 12, 2021, May 24, violation of subsection (a)(1)(C) of Bustamante, San Nicola´s de los Garza, 2021, and May 25, 2021. The complaint, ´ as supplemented, alleges violations of section 337 in the importation into the Nuevo Leon 66400, Mexico section 337 based upon the importation United States, the sale for importation, MPC Foods S.A. de C.V., Profesor Jose into the United States, the sale for or the sale within the United States after Flores 41, Manzanillo, Colima 28869, importation, and the sale within the importation of certain products Mexico United States after importation of identified in paragraph (2) by reason of Myrna Guadalupe Perez Martinez, Blvd. certain electrolyte containing beverages infringement of one or more of the Luis Donaldo Colosio, Col. Nuevo and labeling and packaging thereof by Asserted Trademarks, and whether an Amanecer 1003, Reynosa, Tamaulipas reason of infringement of U.S. industry in the United States exists or 88790, Mexico Trademark Registration No. 4,222,726 is in the process of being established as Leticia Ange´lica Saenz Fernandez, (‘‘the ’726 mark’’); U.S. Trademark required by subsection (a)(2) of section Segunda 517, Centro Miguel Aleman Registration No. 4,833,885 (‘‘the ’885 337; a Obregon e Insurgentes, Miguel mark’’); U.S. Trademark Registration No. (2) Pursuant to section 210.10(b)(1) of Alema´n, Tamaulipas 88300, Mexico 4,717,350 (‘‘the ’350 mark’’); and U.S. the Commission’s Rules of Practice and Yoselen Susana Martinez Tirado, Trademark Registration No. 4,717,232 Procedure, 19 CFR 210.10(b)(1), the Montreal 114, La Can˜ ada 2 Brasilia y (‘‘the ’232 mark’’) (collectively, plain language description of the Munich, Reynosa, Tamaulipas 88700, ‘‘Asserted Trademarks’’). The accused products or category of accused Mexico complaint, as supplemented, further products, which defines the scope of the Distribuidora Mercatto S.A. de C.V., alleges that an industry in the United investigation, is ‘‘electrolyte beverages Jordan 2211, Monterrey, Nuevo Leo´n, and associated packaging and labels that 64460, Mexico States exists and is in the process of ® being established, as required by the bear the Electrolit Asserted Comercializadora Embers S.A. de C.V., applicable Federal Statute. The Trademarks’’; Camino a la Paz 200, Allende, Nuevo complainants request that the (3) For the purpose of the Leo´n 67353, Mexico Commission institute an investigation investigation so instituted, the following Manuel Bautista Nogales, Prol. and, after the investigation, issue a are hereby named as parties upon which Constitucion 2219–6 Bodega 6, Luis general exclusion order, or in the this notice of investigation shall be Echeverria Alvarez Calle d y Esquina alternative a limited exclusion order, served: con 1RA Avenida, Santa Catarina, and cease and desist orders. (a) The complainants are: Nuevo Leo´n 66358, Mexico ADDRESSES: The complaint, except for CAB Enterprises, Inc., 2700 Post Oak (c) The Office of Unfair Import any confidential information contained Blvd., Suite 22–111, Houston, Texas Investigations, U.S. International Trade therein, may be viewed on the 77056 Commission, 500 E Street SW, Suite Commission’s electronic docket (EDIS) Sueros y Bebidas Rehidratantes S.A. de 401, Washington, DC 20436; and at https://edis.usitc.gov. For help C.V., Av. Espana No. 1840, Colonia (4) For the investigation so instituted, accessing EDIS, please email Moderna, C.P. 44190, Guadalajara, the Chief Administrative Law Judge, [email protected]. Hearing impaired Jalisco, Mexico U.S. International Trade Commission, individuals are advised that information (b) The respondents are the following shall designate the presiding on this matter can be obtained by entities alleged to be in violation of Administrative Law Judge. contacting the Commission’s TDD section 337, and are the parties upon The Commission notes that issues terminal on (202) 205–1810. Persons which the complaint is to be served: regarding whether the domestic with mobility impairments who will Flexicompuestos S.A. de C.V., Avenida industry requirement of section 337 is need special assistance in gaining access Kristal 619, Juarez, Nuevo Leon met may be present here. In instituting to the Commission should contact the 67280, Mexico this investigation, the Commission has Office of the Secretary at (202) 205– Grupo Comercial Lux del Norte S.A. de. not made any determination as to 2000. General information concerning C.V., Emiliano Zapata 229, Centro whether complainants have satisfied the Commission may also be obtained Miguel Aleman, Septima y Octava, this requirement. The presiding by accessing its internet server at Miguel Aleman, Tamaulipas 88300, Administrative Law Judge may wish to https://www.usitc.gov. Mexico consider this issue at an early date,
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including through use of the interim INTERNATIONAL TRADE during the 60-day Presidential review initial determination (ID) pilot program, COMMISSION period pursuant to 19 U.S.C. 1337(j). https://www.usitc.gov/press_room/ Proposed respondents, other featured_news/337pilotprogram.htm. Notice of Receipt of Complaint; interested parties, and members of the Notwithstanding any Commission Rules Solicitation of Comments Relating to public are invited to file comments on to the contrary, which are hereby the Public Interest any public interest issues raised by the complaint or § 210.8(b) filing. waived, any such decision should be (i) AGENCY: U.S. International Trade issued in the form of an ID under Rule Comments should address whether Commission. issuance of the relief specifically 210.42(c), 19 CFR 210.42(c), or (ii) if ACTION: Notice. requested by the complainant in this issued through use of the interim initial investigation would affect the public determination (ID) pilot program, in the SUMMARY: Notice is hereby given that health and welfare in the United States, form of an ID under Rule 210.42(a)(1)(i), the U.S. International Trade competitive conditions in the United 19 CFR 210.42(a)(1)(i). The ID will Commission has received a complaint States economy, the production of like become the Commission’s final entitled Certain Light-Based or directly competitive articles in the determination 45 days after the date of Physiological Measurement Devices and United States, or United States service of the ID unless the Commission Components Thereof, DN 3554; the consumers. determines to review the ID. Any such Commission is soliciting comments on In particular, the Commission is review will be conducted in accordance any public interest issues raised by the interested in comments that: with Commission Rules 210.43, 210.44, complaint or complainant’s filing (i) Explain how the articles and 210.45, 19 CFR 210.43, 210.44, and pursuant to the Commission’s Rules of potentially subject to the requested 210.45. Practice and Procedure. remedial orders are used in the United States; Responses to the complaint and the FOR FURTHER INFORMATION CONTACT: Lisa (ii) identify any public health, safety, notice of investigation must be R. Barton, Secretary to the Commission, U.S. International Trade Commission, or welfare concerns in the United States submitted by the named respondents in relating to the requested remedial accordance with section 210.13 of the 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The orders; Commission’s Rules of Practice and (iii) identify like or directly Procedure, 19 CFR 210.13. Pursuant to public version of the complaint can be accessed on the Commission’s competitive articles that complainant, 19 CFR 201.16(e) and 210.13(a), as Electronic Document Information its licensees, or third parties make in the amended in 85 FR 15798 (March 19, System (EDIS) at https://edis.usitc.gov. United States which could replace the 2020), such responses will be For help accessing EDIS, please email subject articles if they were to be considered by the Commission if [email protected]. excluded; (iv) indicate whether complainant, received not later than 20 days after the General information concerning the complainant’s licensees, and/or third date of service by the complainants of Commission may also be obtained by party suppliers have the capacity to the complaint and the notice of accessing its internet server at United replace the volume of articles investigation. Extensions of time for States International Trade Commission potentially subject to the requested submitting responses to the complaint (USITC) at https://www.usitc.gov. The exclusion order and/or a cease and and the notice of investigation will not public record for this investigation may desist order within a commercially be granted unless good cause therefor is be viewed on the Commission’s shown. reasonable time; and Electronic Document Information (v) explain how the requested Failure of a respondent to file a timely System (EDIS) at https://edis.usitc.gov. remedial orders would impact United response to each allegation in the Hearing-impaired persons are advised States consumers. complaint and in this notice may be that information on this matter can be Written submissions on the public deemed to constitute a waiver of the obtained by contacting the interest must be filed no later than by right to appear and contest the Commission’s TDD terminal on (202) close of business, eight calendar days allegations of the complaint and this 205–1810. after the date of publication of this notice, and to authorize the SUPPLEMENTARY INFORMATION: The notice in the Federal Register. There administrative law judge and the Commission has received a complaint will be further opportunities for Commission, without further notice to and a submission pursuant to § 210.8(b) comment on the public interest after the the respondent, to find the facts to be as of the Commission’s Rules of Practice issuance of any final initial alleged in the complaint and this notice and Procedure filed on behalf of determination in this investigation. Any and to enter an initial determination Masimo Corporation and Cercacor written submissions on other issues and a final determination containing Laboratories, Inc. on June 30, 2021. The must also be filed by no later than the such findings, and may result in the complaint alleges violations of section close of business, eight calendar days 337 of the Tariff Act of 1930 (19 U.S.C. issuance of an exclusion order or a cease after publication of this notice in the 1337) in the importation into the United Federal Register. Complainant may file and desist order or both directed against States, the sale for importation, and the replies to any written submissions no the respondent. sale within the United States after later than three calendar days after the By order of the Commission. importation of certain light-based date on which any initial submissions Issued: June 29, 2021. physiological measurement devices and were due. No other submissions will be Lisa Barton, components thereof. The complainant accepted, unless requested by the names as a respondent: Apple Inc. of Secretary to the Commission. Commission. Any submissions and Cupertino. CA. The complainant replies filed in response to this Notice [FR Doc. 2021–14260 Filed 7–2–21; 8:45 am] requests that the Commission issue an are limited to five (5) pages in length, BILLING CODE 7020–02–P exclusion order, a cease and desist inclusive of attachments. order, and impose a bond upon Persons filing written submissions respondent alleged infringing articles must file the original document
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electronically on or before the deadlines Issued: June 30, 2021. —Minimize the burden of the collection stated above. Submissions should refer Lisa Barton, of information on those who are to to the docket number (‘‘Docket No. Secretary to the Commission. respond, including through the use of 3554’’) in a prominent place on the [FR Doc. 2021–14355 Filed 7–2–21; 8:45 am] appropriate automated, electronic, cover page and/or the first page. (See BILLING CODE 7020–02–P mechanical, or other technological Handbook for Electronic Filing collection techniques or other forms Procedures 1). Please note the of information technology, e.g., Secretary’s Office will accept only DEPARTMENT OF JUSTICE permitting electronic submission of electronic filings during this time. responses. Filings must be made through the Bureau of Alcohol, Tobacco, Firearms Overview of This Information Commission’s Electronic Document and Explosives Collection Information System (EDIS, https:// [OMB Number 1140–NEW] edis.usitc.gov.) No in-person paper- (1) Type of Information Collection: New collection. based filings or paper copies of any Agency Information Collection electronic filings will be accepted until Activities; Proposed eCollection of (2) The Title of the Form/Collection: further notice. Persons with questions eComments Requested; New Authorization for Release of Consumer/ regarding filing should contact the Information Collection; Authorization Credit Information. Secretary at [email protected]. for Release of Consumer/Credit (3) The agency form number, if any, Information—ATF Form 8620.26 and the applicable component of the Any person desiring to submit a Department sponsoring the collection: AGENCY: Bureau of Alcohol, Tobacco, document to the Commission in Form number: ATF Form 8620.26. confidence must request confidential Firearms and Explosives, Department of Component: Bureau of Alcohol, treatment. All such requests should be Justice. Tobacco, Firearms and Explosives, U.S. directed to the Secretary to the ACTION: 30-Day notice. Department of Justice. Commission and must include a full SUMMARY: The Bureau of Alcohol, (4) Affected public who will be asked statement of the reasons why the Tobacco, Firearms and Explosives or required to respond, as well as a brief Commission should grant such (ATF), Department of Justice (DOJ) will abstract: treatment. See 19 CFR 201.6. Documents submit the following information Primary: Individuals or households. for which confidential treatment by the collection request to the Office of Other: None. Commission is properly sought will be Management and Budget (OMB) for treated accordingly. All information, Abstract: The Authorization for review and approval in accordance with Release of Consumer/Credit including confidential business the Paperwork Reduction Act of 1995. information and documents for which Information—ATF Form 8620.26 will be DATES: Comments are encouraged and used to determine if a candidate for confidential treatment is properly will be accepted for an additional 30 sought, submitted to the Commission for Federal or contractor employment at the days until August 5, 2021. Bureau of Alcohol, Tobacco, Firearms purposes of this Investigation may be ADDRESSES: Written comments and and Explosives (ATF), is compliant with disclosed to and used: (i) By the recommendations for the proposed Federal requirements relating to Commission, its employees and Offices, information collection should be sent financial obligations. and contract personnel (a) for within 30 days of publication of this (5) An estimate of the total number of developing or maintaining the records notice to www.reginfo.gov/public/do/ respondents and the amount of time of this or a related proceeding, or (b) in PRAMain. Find this particular estimated for an average respondent to internal investigations, audits, reviews, information collection by selecting respond: An estimated 2,000 and evaluations relating to the ‘‘Currently under 30-day Review—Open respondents will use the form annually, programs, personnel, and operations of for Public Comments’’ or by using the and it will take each respondent the Commission including under 5 search function. approximately 5 minutes to complete U.S.C. Appendix 3; or (ii) by U.S. SUPPLEMENTARY INFORMATION: Written their responses. government employees and contract comments and suggestions from the (6) An estimate of the total public 2 personnel, solely for cybersecurity public and affected agencies concerning burden (in hours) associated with the purposes. All nonconfidential written the proposed collection of information collection: The estimated annual public submissions will be available for public are encouraged. Your comments should burden associated with this collection is inspection at the Office of the Secretary address one or more of the following 167 hours, which is equal to 2,000 (# of and on EDIS.3 four points: respondents) * .0833333 (5 minutes). This action is taken under the —Evaluate whether the proposed If additional information is required authority of section 337 of the Tariff Act collection of information is necessary contact: Melody Braswell, Department of 1930, as amended (19 U.S.C. 1337), for the proper performance of the Clearance Officer, United States and of §§ 201.10 and 210.8(c) of the functions of the agency, including Department of Justice, Justice Commission’s Rules of Practice and whether the information will have Management Division, Policy and Procedure (19 CFR 201.10, 210.8(c)). practical utility; Planning Staff, Two Constitution —Evaluate the accuracy of the agency’s Square, 145 N Street NE, Mail Stop By order of the Commission. estimate of the burden of the 3E.405A, Washington, DC 20530. proposed collection of information, 1 Handbook for Electronic Filing Procedures: including the validity of the Dated: June 30, 2021. https://www.usitc.gov/documents/handbook_on_ Melody Braswell, _ methodology and assumptions used; filing procedures.pdf. Department Clearance Officer for PRA, U.S. 2 —Evaluate whether and if so how the All contract personnel will sign appropriate Department of Justice. nondisclosure agreements. quality, utility, and clarity of the 3 Electronic Document Information System information to be collected can be [FR Doc. 2021–14327 Filed 7–2–21; 8:45 am] (EDIS): https://edis.usitc.gov. enhanced; and BILLING CODE 4410–FY–P
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DEPARTMENT OF JUSTICE for Public Comments’’ or by using the 3. The agency form number, if any, search function. and the applicable component of the [OMB Number 1117–NEW] SUPPLEMENTARY INFORMATION: Written Department sponsoring the collection: comments and suggestions from the N/A. The applicable component within Agency Information Collection public and affected agencies concerning the Department of Justice is the Drug Activities; Proposed eCollection, the proposed collection of information Enforcement Administration, Diversion eComments Requested; New Proposed are encouraged. Your comments should Control Division. Collection, Exempt Chemical address one or more of the following 4. Affected public who will be asked Preparations Application four points: or required to respond, as well as a brief —Evaluate whether the proposed AGENCY: Drug Enforcement abstract: Affected public: Business or collection of information is necessary other for-profit. Administration, Department of Justice. for the proper performance of the ACTION: 30-Day notice. functions of the agency, including Abstract: Pursuant to 21 U.S.C. whether the information will have 811(g)(3)(B), DEA (by delegation of SUMMARY: The Department of Justice practical utility; authority from the Attorney General) (DOJ), Drug Enforcement —Evaluate the accuracy of the agency’s may, by regulation, exempt from Administration (DEA), will be estimate of the burden of the specific provisions of the Controlled submitting the following information proposed collection of information, Substances Act (CSA) any compound, collection request to the Office of including the validity of the mixture, or preparation containing any Management and Budget (OMB) for methodology and assumptions used; controlled substance, which is not for review and approval in accordance with —Evaluate whether and if so how the administration to a human being or the Paperwork Reduction Act of 1995. quality, utility, and clarity of the animal, and which is packaged in a This proposed information collection information proposed to be collected certain manner, so that as packaged it was previously published in the Federal can be enhanced; and does not present any significant Register on April 26, 2021, at 86 FR —Minimize the burden of the collection potential for abuse. In accordance with 22070, allowing for a 60-day comment of information on those who are to 21 CFR 1308.23(f), the Administrator (or period. No comments were received. respond, including through the use of the Deputy Assistant Administrator), at DATES: Comments are encouraged and appropriate automated, electronic, any time, may revoke or modify any will be accepted for 30 days until mechanical, or other forms of exemption granted pursuant to 21 CFR August 5, 2021. information technology, e.g., 1308.23; modify or revoke the criteria by permitting electronic submission of which exemptions are granted; and FOR FURTHER INFORMATION CONTACT: responses. Written comments and modify the scope of exemptions. recommendations for the proposed Overview of This Information 5. An estimate of the total number of information collection should be sent Collection respondents and the amount of time within 30 days of publication of this 1. Type of Information Collection: estimated for an average respondent to notice to www.reginfo.gov/public/do/ New collection. respond: The below table presents PRAMain. Find this particular 2. Title of the Form/Collection: information regarding the number of information collection by selecting Exempt Chemical Preparations respondents, responses and associated ‘‘Currently under 30-day Review—Open Application. burden hours.
Labor category Number % of time Cost
Chemist, GS–14, step 5 ...... 3 30 $200,967 Unit Chief, GS–14, step 5 ...... 1 5 11,165 Section Chief, GS–15, step 5 ...... 1 1 2,627
Total ...... 214,758
6. An estimate of the total public Dated: June 30, 2021. States District Court for the District of burden (in hours) associated with the Melody Braswell, Montana on June 29, 2021. proposed collection: DEA estimates that Department Clearance Officer for PRA, U.S. This proposed Partial Consent Decree this collection takes 2,093 annual Department of Justice. concerns a complaint filed by the burden hours. [FR Doc. 2021–14329 Filed 7–2–21; 8:45 am] United States against Paul Bunn, If additional information is required BILLING CODE 4410–09–P pursuant to Section 309 of the Clean please contact: Melody Braswell, Water Act, 33 U.S.C. 1319, to obtain Department Clearance Officer, United injunctive relief and impose civil penalties against Mr. Bunn for violating States Department of Justice, Justice DEPARTMENT OF JUSTICE the Clean Water Act by discharging Management Division, Policy and Notice of Lodging Proposed Consent pollutants without a permit into waters Planning Staff, Two Constitution Decree of the United States. The proposed Square, 145 N Street NE, Suite 3E.405B, Partial Consent Decree resolves these Washington, DC 20530. In accordance with Departmental allegations by requiring Mr. Bunn to Policy, 28 CFR 50.7, notice is hereby restore the impacted areas and to pay a given that a proposed Partial Consent civil penalty. Decree in United States v. Paul Bunn, et The Department of Justice will accept al., Civil Action No. 9:20–cv–00107– written comments relating to this DLC–KLD, was lodged with the United proposed Partial Consent Decree for
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thirty (30) days from the date of DEPARTMENT OF JUSTICE press inquiries please contact Grant publication of this Notice. Please Vaught, Office of Public Affairs, DOL at address comments to Alan Greenberg, Parole Commission 202–693–4672. United States Department of Justice, SUPPLEMENTARY INFORMATION: The Sunshine Act Meeting Environment and Natural Resources Committee is mandated by section 735 Division, Environmental Defense TIME AND DATE: 2 p.m., Tuesday, July 13, of the Employee Retirement Income Section, 999 18th Street, Suite 370, 2021. Security Act of 1974 as added by section _ Denver, CO 80202, pubcomment PLACE: U.S. Parole Commission, 90 K 115(b) of the No Surprises Act, enacted [email protected], and refer to United Street NE, 3rd Floor, Washington, DC. as part of the Consolidated Appropriations Act, 2021, div. BB, tit. I, States v. Paul Bunn, et al., DJ # 90–5– STATUS: Closed. 1–1–20880. Public Law 116–260 (Dec. 27, 2020). MATTERS TO BE CONSIDERED: The Committee is governed by the The proposed Partial Consent Decree Determination on one original provisions of the FACA, as amended, 5 may be examined at the Clerk’s Office, jurisdiction case. U.S.C. app.2. United States District Court for the CONTACT PERSON FOR MORE INFORMATION: The Committee will advise the District of Montana, Russell Smith Jacquelyn Graham, Staff Assistant to the Secretary of Labor on the standardized Federal Courthouse, 201 East Broadway, Chairman, U.S. Parole Commission, 90 reporting format for the voluntary Missoula, MT 59802. In addition, the K Street NE, 3rd Floor, Washington, DC reporting by group health plans to State proposed Partial Consent Decree may be 20530, (202) 346–7001. All Payer Claims Databases. Reporting examined electronically at http:// Dated: June 30, 2021. will include medical claims, pharmacy www.justice.gov/enrd/consent-decrees. Patricia K. Cushwa, claims, dental claims, and eligibility Cherie Rogers, Acting Chairperson, U.S. Parole Commission. and provider files collected from private and public payers. The Committee will [FR Doc. 2021–14488 Filed 7–1–21; 4:15 pm] Assistant Section Chief, Environmental also advise the Secretary on what BILLING CODE 4410–31–P Defense Section, Environment and Natural guidance is necessary to provide to Resources Division. States on the process by which States [FR Doc. 2021–14353 Filed 7–2–21; 8:45 am] may collect such data in the BILLING CODE 4410–15–P DEPARTMENT OF LABOR standardized reporting format. Employee Benefits Security The Committee will be responsible for Administration issuing a report that includes DEPARTMENT OF JUSTICE recommendations on the establishment of the format and guidance to the Parole Commission State All Payer Claims Databases Advisory Committee; Notice of Virtual Secretary of Labor and certain Sunshine Act Meeting Meeting congressional committees no later than 180 days after the date of enactment of AGENCY: Employee Benefits Security the Consolidated Appropriations Act, TIME AND DATE: 1 p.m. Tuesday, July 13, Administration (EBSA), Department of 2021. 2021. Labor (DOL). The Committee will meet on July 26, PLACE: U.S. Parole Commission, 90 K ACTION: Notice. 2021 via webinar. The meeting will begin at 1:00 p.m. and end at Street NE, 3rd Floor, Washington, DC. SUMMARY: This notice announces a approximately 5:00 p.m. STATUS: Open. meeting of the State All Payer Claims 1. Deadline for Registration without Databases Advisory Committee MATTERS TO BE CONSIDERED: Oral Presentation: July 23, 2021. (hereinafter the Committee). This notice Individuals can register for the meeting 1. Briefing on status of military provides information to members of the by visiting the Committee website: transfer. public who may be interested in https://www.dol.gov/agencies/ebsa/ 2. Discussion on modifying Rules and attending the meetings or providing about-ebsa/about-us/state-all-payer- Procedures at § 2.207. written comments related to the work of claims-databases-advisory-committee. the Committee. Notice of this meeting is 3. Original Jurisdiction regulation. 2. Deadline for Registration of Oral required under the Federal Advisory Presentations: July 22, 2021. Requests 4. Possible revision of 28 CFR 2.77. Committee Act (FACA). should be submitted by email to 5. Possible revision of 28 CFR 2.28. DATES: The Committee meeting will be [email protected]. held virtually on July 26, 2021. Key 6. Witness testimony by 3. Deadline for Submission of Oral dates associated with this meeting, videoconference. Remarks and Written Comments: July including the deadline for registration 22, 2021. Remarks and comments 7. Possible revision of 28 CFR 2.34. are discussed in the SUPPLEMENTARY should be submitted by email to CONTACT PERSON FOR MORE INFORMATION: INFORMATION section below. [email protected]. Jacqueline Graham, Staff Assistant to ADDRESSES: The meeting will be held 4. Deadline for Requesting Special the Chairman, U.S. Parole Commission, via webinar. The webinar link and log- Accommodations: July 22, 2021. 90 K Street NE, 3rd Floor, Washington, in information will be available at Requests should be submitted by email DC 20530, (202) 346–7010. DOL’s Committee website: https:// to [email protected]. www.dol.gov/agencies/ebsa/about-ebsa/ The meeting will focus on the various Dated: July 1, 2021. about-us/state-all-payer-claims- issues related to all payer claims Patricia K. Cushwa, databases-advisory-committee. databases and recommendations for the Acting Chairperson, U.S. Parole Commission. FOR FURTHER INFORMATION CONTACT: report that must be submitted by the [FR Doc. 2021–14485 Filed 7–1–21; 4:15 pm] Elizabeth Schumacher, Designated Committee. Additional details about the BILLING CODE 4410–31–P Federal Officer, EBSA, DOL, by sending agenda items and topics, as well as an email to [email protected]. For agenda updates, will be available on the
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Committee’s website: https:// confidential information that you or a need to locate an RA in a different www.dol.gov/agencies/ebsa/about-ebsa/ third party may not wish to be posted, location than the one identified in the about-us/state-all-payer-claims- such as your or anyone else’s Social ERP for that mine (as required by databases-advisory-committee. Security number or confidential section 75.1506(c)(2)). Dated: June 29, 2021. business information. Section 75.1508 requires the mine • If your comment includes operator to certify that persons assigned Ali Khawar, confidential information that you do not to examine, maintain, and repair RAs Acting Assistant Secretary, Employee Benefits wish to be made available to the public, and components are trained for those Security Administration, U.S. Department of Labor. submit the comment as a written/paper tasks. Training certifications assist submission. MSHA in determining that persons [FR Doc. 2021–14287 Filed 7–2–21; 8:45 am] Written/Paper Submissions: Submit received the required training. The BILLING CODE P written/paper submissions in the training certification for persons following way: assigned to examine RAs is integrated • DEPARTMENT OF LABOR Mail/Hand Delivery: Mail or visit into existing requirements for preshift DOL–MSHA, Office of Standards, examinations of the mine under section Mine Safety and Health Administration Regulations, and Variances, 201 12th 75.360 (OMB 1219–0088). The training Street South, Suite 4E401, Arlington, certification for persons assigned to [OMB Control No. 1219–0146] VA 22202–5452. maintain and repair RAs is included in • MSHA will post your comment as Proposed Extension of Information this package under section 75.1508(a). well as any attachments, except for Section 75.1508(b) requires a record Collection; Refuge Alternatives for information submitted and marked as of any maintenance and repair Underground Coal Mines confidential, in the docket at https:// performed on an RA. This record assists AGENCY: Mine Safety and Health www.regulations.gov. MSHA in identifying design flaws or Administration, Labor. FOR FURTHER INFORMATION CONTACT: other weaknesses in the RA or its ACTION: Request for public comments. Jessica Senk, Director, Office of components that could adversely impact Standards, Regulations, and Variances, the safety of miners. SUMMARY: The Department of Labor, as MSHA, at part of its continuing effort to reduce II. Desired Focus of Comments [email protected] paperwork and respondent burden, MSHA is soliciting comments (email); (202) 693–9440 (voice); or (202) conducts a pre-clearance request for concerning the proposed information 693–9441 (facsimile). comment to provide the general public collection related to Refuge Alternatives and Federal agencies with an SUPPLEMENTARY INFORMATION: for Underground Coal Mines. MSHA is opportunity to comment on proposed I. Background particularly interested in comments collections of information in accordance that: Section 103(h) of the Federal Mine with the Paperwork Reduction Act of • Evaluate whether the collection of Safety and Health Act of 1977 (Mine 1995. This request helps to ensure that: information is necessary for the proper Act), 30 U.S.C. 813(h), authorizes Requested data can be provided in the performance of the functions of the MSHA to collect information necessary desired format; reporting burden (time Agency, including whether the to carry out its duty in protecting the and financial resources) is minimized; information has practical utility; safety and health of miners. Further, collection instruments are clearly • Evaluate the accuracy of MSHA’s section 101(a) of the Mine Act, 30 U.S.C. understood; and the impact of collection estimate of the burden of the collection 811, authorizes the Secretary of Labor to requirements on respondents can be of information, including the validity of develop, promulgate, and revise as may properly assessed. Currently, the Mine the methodology and assumptions used; be appropriate, improved mandatory • Safety and Health Administration Suggest methods to enhance the health or safety standards for the (MSHA) is soliciting comments on the quality, utility, and clarity of the protection of life and prevention of information collection for Refuge information to be collected; and injuries in coal or other mines. • Alternatives for Underground Coal Minimize the burden of the Each underground coal mine has an Mines. collection of information on those who emergency response plan (ERP) and are to respond, including through the DATES: All comments must be received refuge alternatives (RA) that protect use of appropriate automated, on or before September 7, 2021. miners when escape from a mine during electronic, mechanical, or other ADDRESSES: You may submit comment a mine emergency is not possible by technological collection techniques or as follows. Please note that late, providing secure spaces with isolated other forms of information technology, untimely filed comments will not be atmospheres that create life-sustaining e.g., permitting electronic submission of considered. environments. responses. Electronic Submissions: Submit Title 30 CFR 75.1506 requires mine Background documents related to this electronic comments in the following operators to provide RAs. information collection request are way: Section 75.1507 requires the available at https://regulations.gov and • Federal eRulemaking Portal: development and implementation of at DOL–MSHA located at 201 12th https://www.regulations.gov. Follow the ERP. It requires that the ERP provide Street South, Suite 4E401, Arlington, instructions for submitting comments detailed information about the RAs used VA 22202–5452. Questions about the for docket number MSHA–2021–0023. in the mine. This information assists information collection requirements Comments submitted electronically, miners, supervisors, emergency may be directed to the person listed in including attachments, to https:// responders, and MSHA in ensuring that the FOR FURTHER INFORMATION section of www.regulations.gov will be posted to all essential preparations are made and this notice. the docket, with no changes. Because required materials are readily available your comment will be made public, you and in working order. A mine operator III. Current Actions are responsible for ensuring that your may notify the District Manager and This information collection request comment does not include any update the existing ERP if there is a concerns provisions for Refuge
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Alternatives for Underground Coal 016–C.’’ is corrected to read ‘‘Docket the docket, with no changes. Because Mines. MSHA has updated the data Number: M–2021–019–C.’’ your comment will be made public, you with respect to the number of 2. On page 33775, in the second are responsible for ensuring that your respondents, responses, burden hours, column, the ‘‘Docket Number: M–2021– comment does not include any and burden costs supporting this 017–C.’’ is corrected to read ‘‘Docket confidential information that you or a information collection request from the Number: M–2021–020–C.’’ third party may not wish to be posted, previous information collection request. 3. On page 33777, in the second such as your or anyone else’s Social Type of Review: Extension, without column, the ‘‘Docket Number: M–2021– Security number or confidential change, of a currently approved 018–C.’’ is corrected to read ‘‘Docket business information. collection. Number: M–2021–021–C.’’ • If your comment includes Agency: Mine Safety and Health Dated: June 28, 2021. confidential information that you do not Administration. wish to be made available to the public, OMB Number: 1219–0146. Jessica Senk, submit the comment as a written/paper Affected Public: Business or other for- Director, Office of Standards, Regulations, submission. profit. and Variances. Written/Paper Submissions: Submit Number of Respondents: 3. [FR Doc. 2021–14284 Filed 7–2–21; 8:45 am] written/paper submissions in the Frequency: On occasion. BILLING CODE 4520–43–P following way: Number of Responses: 27. • Mail/Hand Delivery: Mail or visit Annual Burden Hours: 73 hours. DOL–MSHA, Office of Standards, Annual Respondent or Recordkeeper DEPARTMENT OF LABOR Regulations, and Variances, 201 12th Cost: $17. Street South, Suite 4E401, Arlington, Comments submitted in response to Mine Safety and Health Administration VA 22202–5452. this notice will be summarized in the [OMB Control No. 1219–0004] • MSHA will post your comment as request for Office of Management and well as any attachments, except for Budget approval of the proposed Proposed Extension of Information information submitted and marked as information collection request; they will Collection; Roof Control Plan for confidential, in the docket at https:// become a matter of public record and Underground Coal Mines www.regulations.gov. will be available at https:// www.reginfo.gov. AGENCY: Mine Safety and Health FOR FURTHER INFORMATION CONTACT: Administration, Labor. Jessica Senk, Director, Office of Jessica Senk, Standards, Regulations, and Variances, ACTION: Request for public comments. Certifying Officer. MSHA, at [FR Doc. 2021–14297 Filed 7–2–21; 8:45 am] SUMMARY: The Department of Labor, as [email protected] BILLING CODE 4510–43–P part of its continuing effort to reduce (email); (202) 693–9440 (voice); or (202) paperwork and respondent burden, 693–9441 (facsimile). conducts a pre-clearance request for SUPPLEMENTARY INFORMATION: DEPARTMENT OF LABOR comment to provide the general public I. Background Mine Safety and Health Administration and Federal agencies with an opportunity to comment on proposed Section 103(h) of the Federal Mine Petitions for Modification of collections of information in accordance Safety and Health Act of 1977 (Mine Application of Existing Mandatory with the Paperwork Reduction Act of Act), 30 U.S.C. 813(h), authorizes Safety Standards; Correction 1995. This request helps to ensure that: MSHA to collect information necessary Requested data can be provided in the to carry out its duty in protecting the AGENCY: Mine Safety and Health desired format; reporting burden (time safety and health of miners. Further, Administration, Labor. and financial resources) is minimized; section 101(a) of the Mine Act, 30 U.S.C. ACTION: Notice; correction. collection instruments are clearly 811, authorizes the Secretary of Labor understood; and the impact of collection (Secretary) to develop, promulgate, and SUMMARY: The Mine Safety and Health requirements on respondents can be revise as may be appropriate, improved Administration published a notice in properly assessed. Currently, the Mine mandatory health or safety standards for the Federal Register of June 25, 2021, Safety and Health Administration the protection of life and prevention of that concerned summaries of three (MSHA) is soliciting comments on the injuries in coal or other mines. petitions for modification. The notice Section 302(a) of the Mine Act contained incorrect docket numbers information collection for Roof Control Plan for Underground Coal Mines. requires that a roof control plan and used to identify the respective petitions. revisions thereof suitable to the roof DATES: All comments must be received FOR FURTHER INFORMATION CONTACT: conditions and mining system of each on or before September 7, 2021. Jessica D. Senk, Director, Office of coal mine be first approved by the Standards, Regulations, and Variances, ADDRESSES: You may submit comment Secretary before implementation by the MSHA, at [email protected] (email), as follows. Please note that late, operator. The plan must show the type 202–693–9440 (voice), or 202–693–9441 untimely filed comments will not be of support and spacing approved by the (fax). These are not toll-free numbers. considered. Secretary, and the plan must be SUPPLEMENTARY INFORMATION: Electronic Submissions: Submit reviewed at least every 6 months by the electronic comments in the following Correction Secretary. way: This information collection addresses • In FR Doc. 2021–13544, appearing on Federal eRulemaking Portal: the recordkeeping associated with: page 33773 in the Federal Register of https://www.regulations.gov. Follow the 75.215 Longwall mining systems; June 25, 2021, the following corrections instructions for submitting comments 75.220(a)(1)—Roof control plan; are made under II. Petitions for for docket number MSHA–2021–0006. 75.221(1)(2)—Roof control plan Modification: Comments submitted electronically, information; 1. On page 33773, in the second including attachments, to https:// 75.222(a)—Roof control plan-approval column, the ‘‘Docket Number: M–2021– www.regulations.gov will be posted to criteria; and
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75.223(a), (b), and (d)—Evaluation Budget approval of the proposed to attend the meeting (e.g., interpreting and revision of roof control plan. information collection request; they will services, assistive listening devices, become a matter of public record and II. Desired Focus of Comments and/or materials in alternative format) will be available at https:// should notify the Advisory Committee MSHA is soliciting comments www.reginfo.gov. no later than Friday, July 16, 2021 by concerning the proposed information contacting Mr. Gregory Green at collection related to Roof Control Plan Jessica Senk, Certifying Officer. [email protected]. Requests made after for Underground Coal Mines. MSHA is this date will be reviewed, but particularly interested in comments [FR Doc. 2021–14296 Filed 7–2–21; 8:45 am] availability of the requested that: BILLING CODE 4510–43–P accommodations cannot be guaranteed. • Evaluate whether the collection of information is necessary for the proper FOR FURTHER INFORMATION CONTACT: Mr. DEPARTMENT OF LABOR performance of the functions of the Gregory Green, Designated Federal Agency, including whether the Veterans’ Employment and Training Official for the ACVETEO, ACVETEO@ information has practical utility; Service dol.gov, (202) 693–4734. • Evaluate the accuracy of MSHA’s SUPPLEMENTARY INFORMATION: The estimate of the burden of the collection Advisory Committee on Veterans’ of information, including the validity of Employment, Training and Employer ACVETEO is a Congressionally the methodology and assumptions used; Outreach (ACVETEO): Meeting mandated advisory committee • Suggest methods to enhance the authorized under Title 38, U.S. Code, quality, utility, and clarity of the AGENCY: Veterans’ Employment and Section 4110 and subject to the Federal information to be collected; and Training Service (VETS), Department of Advisory Committee Act, 5 U.S.C. app. • Minimize the burden of the Labor (DOL). 2, as amended. The ACVETEO is collection of information on those who ACTION: Notice of virtual open meeting. responsible for: Assessing employment are to respond, including through the and training needs of veterans; SUMMARY: use of appropriate automated, This notice sets forth the schedule and proposed agenda of a determining the extent to which the electronic, mechanical, or other programs and activities of the U.S. technological collection techniques or forthcoming meeting of the ACVETEO. The ACVETEO will discuss the DOL Department of Labor meet these needs; other forms of information technology, assisting to conduct outreach to e.g., permitting electronic submission of core programs and services that assist veterans seeking employment and raise employers seeking to hire veterans; responses. making recommendations to the Background documents related to this employer awareness as to the Secretary, through the Assistant information collection request are advantages of hiring veterans. There Secretary for Veterans’ Employment and available at https://regulations.gov and will be an opportunity for individuals or organizations to address the committee. Training Service, with respect to at DOL–MSHA located at 201 12th Any individual or organization that Street South, Suite 4E401, Arlington, outreach activities and employment and wishes to do so should contact Mr. VA 22202–5452. Questions about the training needs of veterans; and carrying Gregory Green at [email protected]. information collection requirements out such other activities necessary to Additional information regarding the may be directed to the person listed in make required reports and Committee, including its charter, the FOR FURTHER INFORMATION section of recommendations. The ACVETEO meets current membership list, annual reports, this notice. at least quarterly. meeting minutes, and meeting updates III. Current Actions may be found at https://www.dol.gov/ Agenda This information collection request agencies/vets/about/advisorycommittee. This notice also describes the functions 9:00 a.m. Welcome and remarks, James concerns provisions for Roof Control Rodriguez, Principal Deputy Plan for Underground Coal Mines. of the ACVETEO. Notice of this meeting is required under Section 10(a) (2) of the Assistant Secretary, Veterans’ MSHA has updated the data with Employment and Training Service respect to the number of respondents, Federal Advisory Committee Act. This responses, burden hours, and burden document is intended to notify the 9:10 a.m. Administrative Business, costs supporting this information general public. Gregory Green, Designated Federal collection request from the previous DATES: Thursday, July 29, 2021 Official information collection request. beginning at 9:00 a.m. and ending at 9:20 a.m. Service Delivery/ Type of Review: Extension, without approximately 12:00 p.m.(EDT). Underserved Populations/ change, of a currently approved ADDRESSES: This ACVETEO meeting Innovative Veteran Training and collection. will be held via TEAMS and Employment Subcommittee Agency: Mine Safety and Health teleconference. Meeting information breakout sessions Administration. will be posted at the link below under OMB Number: 1219–0004. the Meeting Updates tab. https:// 11:30 a.m. Public Forum, Gregory Affected Public: Business or other for- www.dol.gov/agencies/vets/about/ Green, Designated Federal Official profit. advisorycommittee. 12:00 p.m. Adjourn Number of Respondents: 145. NOTICE OF INTENT TO ATTEND Signed in Washington, DC, this 28th day of Frequency: On occasion. THE MEETING: All meeting participants June 2021. Number of Responses: 896. should submit a notice of intent to Annual Burden Hours: 2,600 hours. attend by Friday, July 16, 2021, via Ivan Denton, Annual Respondent or Recordkeeper email to Mr. Gregory Green at Interim Career Deputy Assistant Secretary, Cost: $2,490. [email protected], subject line ‘‘July Veterans’ Employment and Training Service. Comments submitted in response to 2021 ACVETEO Meeting.’’ [FR Doc. 2021–14293 Filed 7–2–21; 8:45 am] this notice will be summarized in the Individuals who will need BILLING CODE 4510–79–P request for Office of Management and accommodations for a disability in order
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NATIONAL SCIENCE FOUNDATION letter dated April 13, 2021, filed by reference staff at 1–800–397–4209, 301– NorthStar Nuclear Decommissioning 415–4737, or by email to pdr.resource@ Sunshine Act Meeting Company, LLC (NNDC) and ADP CR3, nrc.gov. The indirect license transfer The National Science Board’s LLC (ADP CR3), on behalf of order and the NRC staff safety Committee on Awards & Facilities themselves, NorthStar Vermont Yankee, evaluation supporting the order are hereby gives notice of the scheduling of LLC (NVY), and their corporate parents available in ADAMS under ADAMS a teleconference for the transaction of related to NorthStar Group Services, Inc Package Accession No. ML21159A033. • Attention: The PDR, where you may National Science Board business as (NorthStar). The application sought examine and order copies of public follows: NRC consent to the indirect transfer of (1) NNDC’s licensed authority under, documents, is currently closed. You TIME AND DATE: Friday, July 9, 2021, and NVY’s licensed ownership of, may submit your request to the PDR via from 12–1 p.m. EDT. Renewed Facility Operating License No. email at [email protected] or call 1– PLACE: This meeting will be held by DPR–28 for the Vermont Yankee 800–397–4209 or 301–415–4737, teleconference through the National Nuclear Power Station (Vermont between 8:00 a.m. and 4:00 p.m. (ET), Science Foundation. Yankee) and the general license for the Monday through Friday, except Federal STATUS: Open. Vermont Yankee independent spent fuel holidays. MATTERS TO BE CONSIDERED: The agenda storage installation (ISFSI); and (2) ADP FOR FURTHER INFORMATION CONTACT: of the teleconference is: Committee CR3’s licensed authority under Facility Marlayna Vaaler Doell, Office of Nuclear Chair’s Opening Remarks; Update on Operating License No. DPR–72 for the Material Safety and Safeguards, U.S. the National Science Foundation’s Crystal River Unit 3 Nuclear Generating Nuclear Regulatory Commission, Antarctic research infrastructure; and Plant (CR3) and the general license for Washington, DC 20555–0001; telephone: Committee Chair’s Closing Remarks. the CR3 ISFSI. Duke Energy Florida, 301–415–3178; email: Marlayna.Doell@ CONTACT PERSON FOR MORE INFORMATION: LLC (DEF) will remain the licensed nrc.gov. Point of contact for this meeting is: owner of CR3, and the application does SUPPLEMENTARY INFORMATION: The text of Chris Blair, [email protected], 703/292– not involve any direct or indirect the Order is attached. 7000. To listen to this teleconference, transfer of DEF’s license or members of the public must send an responsibilities. No physical changes to Dated: June 29, 2021. email to [email protected] at the Vermont Yankee or CR3 facilities or For the U.S. Nuclear Regulatory least 24 hours prior to the operational changes were proposed in Commission. teleconference. The National Science the application. The application Marlayna V. Doell, Board Office will send requesters a toll- requested NRC consent to these indirect Project Manager, Reactor Decommissioning free dial-in number. Meeting transfers in order to complete an Branch, Division of Decommissioning, internal reorganization with new Uranium Recovery, and Waste Programs, information and updates may be found Office of Nuclear Material Safety and at the National Science Board website intermediary holding companies that Safeguards. www.nsf.gov/nsb. would acquire control of NorthStar. DATES: Attachment—Order Approving Indirect Chris Blair, The order was issued on June 28, 2021, and is effective for 1 year. Transfer of Licenses Executive Assistant to the National Science Board Office. ADDRESSES: Please refer to Docket ID United States of America [FR Doc. 2021–14479 Filed 7–1–21; 4:15 pm] NRC–2021–0057 for Vermont Yankee Nuclear Regulatory Commission and Docket ID NRC–2021–0061 for CR3 BILLING CODE 7555–01–P when contacting the NRC about the In the Matter of: NorthStar Nuclear availability of information regarding this Decommissioning Company, LLC, document. You may obtain publicly NorthStar Vermont Yankee, LLC, ADP NUCLEAR REGULATORY available information related to this CR3, LLC, and Duke Energy Florida, COMMISSION document using any of the following LLC, Vermont Yankee Nuclear Power [Docket Nos. 50–271 and 72–59; NRC–2021– methods: Station and Independent Spent Fuel 0057; Docket Nos. 50–302 and 72–1035; • Federal Rulemaking Website: Go to Storage Installation, Crystal River Unit 3 NRC–2021–0061] https://www.regulations.gov and search Nuclear Generating Plant and for Docket ID NRC–2021–0057 for Independent Spent Fuel Storage In the Matter of NorthStar Nuclear Vermont Yankee and Docket ID NRC– Installation Decommissioning Company, LLC, 2021–0061 for CR3. Address questions Docket Nos. 50–271 and 72–59; License NorthStar Vermont Yankee, LLC, ADP about Docket IDs in Regulations.gov to No. DPR–28; Docket Nos. 50–302 and CR3, LLC, and Duke Energy Florida, Stacy Schumann; telephone: 301–287– 72–1035; License No. DPR–72 LLC, Vermont Yankee Nuclear Power 0624; email: [email protected]. Order Approving Indirect Transfer of Station and Independent Spent Fuel For technical questions, contact the Storage Installation, Crystal River Unit Licenses (EA–21–090) individual listed in the FOR FURTHER 3 Nuclear Generating Plant and INFORMATION CONTACT section of this I. Independent Spent Fuel Storage document. NorthStar Nuclear Decommissioning Installation • NRC’s Agencywide Documents Company, LLC (NNDC) is the licensed AGENCY: U.S. Nuclear Regulatory Access and Management System operator and NorthStar Vermont Commission. (ADAMS): You may obtain publicly Yankee, LLC (NVY) is the licensed ACTION: Indirect transfer of licenses; available documents online in the owner of Renewed Facility Operating order. ADAMS Public Documents collection at License No. DPR–28 for the Vermont https://www.nrc.gov/reading-rm/ Yankee Nuclear Power Station (Vermont SUMMARY: The U.S. Nuclear Regulatory adams.html. To begin the search, select Yankee), as well as the general license Commission (NRC) is issuing an Order ‘‘Begin Web-based ADAMS Search.’’ For for the Vermont Yankee Independent approving the application dated problems with ADAMS, please contact Spent Fuel Storage Installation (ISFSI), November 19, 2020, as supplemented by the NRC’s Public Document Room (PDR) to possess, maintain, and decommission
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Vermont Yankee and the Vermont 2021 (ADAMS Accession No. and the general license for the CR3 Yankee ISFSI. Vermont Yankee is ML21103A415), NNDC and ADP CR3, ISFSI. DEF will remain the licensed located in Windham County, Vermont. on behalf of themselves, NVY, and their owner of CR3, and the application does ADP CR3, LLC (ADP CR3) is the corporate parents related to NorthStar not involve any direct or indirect licensed operator of Facility Operating Group Services, Inc. (NorthStar) transfer of DEF’s license or License No. DPR–72 for the Crystal (collectively, the Applicants), requested, responsibilities. No physical changes to River Unit 3 Nuclear Generating Plant pursuant to Title 10 of the Code of the Vermont Yankee or CR3 facilities or (CR3), as well as the general license for Federal Regulations (10 CFR) Sections operational changes are proposed. The the CR3 ISFSI, to possess, maintain, and 50.80 and 72.50, that the U.S. Nuclear Applicants requested NRC consent to Regulatory Commission (NRC, the decommission CR3 and the CR3 ISFSI. these indirect transfers in order to Commission) consent to (1) the indirect Duke Energy Florida, LLC (DEF) is the complete an internal reorganization transfer of control of NNDC’s licensed licensed owner of CR3. CR3 is located with new intermediary holding in Citrus County, Florida. authority under, and NVY’s licensed ownership of, Renewed Facility companies that would acquire control of II. Operating License No. DPR–28 for NorthStar. The current intermediary By application dated November 19, Vermont Yankee and the general license holding company structure and the 2020 (Agencywide Documents Access for the Vermont Yankee ISFSI; and (2) proposed intermediary holding and Management System (ADAMS) the indirect transfer of control of ADP company structure are described in Accession No. ML20324A058), as CR3’s licensed authority under Facility Figures 1 and 2, respectively. supplemented by letter dated April 13, Operating License No. DPR–72 for CR3 BILLING CODE 7590–01–P
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BILLING CODE 7590–01–C not receive any comments or hearing application, and other information Notices entitled ‘‘Vermont Yankee requests related to these notices. before the Commission, the NRC staff Nuclear Power Station; Consideration of Under 10 CFR 50.80 and 10 CFR has determined that the Applicants can Approval of Transfer of License’’ and 72.50, no license for a production or indirectly transfer their licenses via the ‘‘Crystal River Unit 3 Nuclear utilization facility or ISFSI, or any right intermediary holding company structure Generating Plant; Consideration of thereunder, shall be transferred, either proposed in the application. The Approval of Transfer of License,’’ were voluntarily or involuntarily, directly or proposed transferees are qualified to published in the Federal Register (FR) indirectly, through transfer of control of have indirect control over the holders of on April 2, 2021 (86 FR 17415 and 86 the license to any person, unless the the licenses and the indirect transfer of FR 17412, respectively). The NRC did Commission gives its consent in writing. the licenses is otherwise consistent with Upon review of the information in the applicable provisions of law,
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regulations, and orders issued by the NUCLEAR REGULATORY • Mail comments to: Office of Commission pursuant thereto. COMMISSION Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory The findings set forth above are [NRC–2021–0118] supported by an NRC staff safety Commission, Washington, DC 20555– evaluation dated the same date as this Applications and Amendments to 0001, ATTN: Program Management, Facility Operating Licenses and Announcements and Editing Staff. Order, which is available at ADAMS For additional direction on obtaining Accession No. ML21159A042. Combined Licenses Involving Proposed No Significant Hazards information and submitting comments, III. Considerations and Containing see ‘‘Obtaining Information and Sensitive Unclassified Non-Safeguards Submitting Comments’’ in the Accordingly, pursuant to Sections Information and Safeguards SUPPLEMENTARY INFORMATION section of 161b, 161i, and 184 of the Atomic Information and Order Imposing this document. Energy Act of 1954, as amended, 42 Procedures for Access to Sensitive FOR FURTHER INFORMATION CONTACT: U.S.C. 2201(b), 2201(i), and 2234; and Unclassified Non-Safeguards Paula Blechman, Office of Nuclear 10 CFR 50.80 and 10 CFR 72.50, it is Information and Safeguards Reactor Regulation, U.S. Nuclear hereby ordered that the application Information Regulatory Commission, Washington, regarding the proposed indirect license DC 20555–0001, telephone: 301–415– transfers is approved for Vermont AGENCY: Nuclear Regulatory 2242, email: [email protected]. Yankee, CR3, and their respective Commission. SUPPLEMENTARY INFORMATION: ISFSIs. ACTION: License amendment request; notice of opportunity to comment, I. Obtaining Information and It is further ordered that after receipt Submitting Comments of all required regulatory approvals of request a hearing, and petition for leave to intervene; order imposing the proposed indirect transfer action, A. Obtaining Information procedures. the Applicants shall inform the Director Please refer to Docket ID NRC–2021– of the NRC Office of Nuclear Material SUMMARY: The U.S. Nuclear Regulatory 0118, facility name, unit number(s), Safety and Safeguards in writing of such Commission (NRC) received and is docket number(s), application date, and receipt, and of the date of the closing of considering approval of two amendment subject when contacting the NRC about the transfer, no later than two business requests. The amendment requests are the availability of information for this days prior to the date of the closing of for Perry Nuclear Power Plant, Unit 1 action. You may obtain publicly the transfer. Should the proposed and Three Mile Island Nuclear Station, available information related to this indirect transfer not be completed Unit 1. For each amendment request, action by any of the following methods: • Federal Rulemaking Website: Go to within 1 year of the date of this Order, the NRC proposes to determine that they https://www.regulations.gov and search this Order shall become null and void, involve no significant hazards for Docket ID NRC–2021–0118. provided, however, upon written consideration (NSHC). Because each • amendment request contains sensitive NRC’s Agencywide Documents application and for good cause shown, Access and Management System such date may be extended by order. unclassified non-safeguards information (SUNSI) and safeguards information (ADAMS): You may obtain publicly This Order is effective upon issuance. (SGI), an order imposes procedures to available documents online in the For further details with respect to this obtain access to SUNSI and SGI for ADAMS Public Documents collection at Order, see the indirect license transfer contention preparation by persons who https://www.nrc.gov/reading-rm/ application dated November 19, 2020, file a hearing request or petition for adams.html. To begin the search, select the supplemental information dated leave to intervene. ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact April 13, 2021, and the NRC staff safety DATES: Comments must be filed by the NRC’s Public Document Room (PDR) evaluation dated the same date as this August 5, 2021. A request for a hearing reference staff at 1–800–397–4209, 301– Order, which are publicly available or petitions for leave to intervene must 415–4737, or by email to pdr.resource@ electronically through ADAMS in the be filed by September 7, 2021. Any nrc.gov. The ADAMS accession number NRC Library at https://www.nrc.gov/ potential party as defined in section 2.4 for each document referenced (if it is reading-rm/adams.html. Persons who of title 10 of the Code of Federal available in ADAMS) is provided the encounter problems with ADAMS Regulations (10 CFR) who believes first time that it is mentioned in this should contact the NRC’s Public access to SUNSI and/or SGI is necessary document. Document Room reference staff by to respond to this notice must request • Attention: The PDR, where you may telephone at 1–800–397–4209 or 301– document access by July 16, 2021. examine and order copies of public 415–4737 or by email to pdr.resource@ ADDRESSES: You may submit comments documents, is currently closed. You nrc.gov. by any of the following methods; may submit your request to the PDR via however, the NRC encourages electronic Dated this 28th day of June, 2021. email at [email protected] or call 1– comment submission through the 800–397–4209 or 301–415–4737, For the Nuclear Regulatory Commission. Federal Rulemaking website: between 8:00 a.m. and 4:00 p.m. (EST), John W. Lubinski, • Federal Rulemaking Website: Go to Monday through Friday, except Federal Director, Office of Nuclear Material, Safety, https://www.regulations.gov and search holidays. and Safeguards. for Docket ID NRC–2021–0118. Address B. Submitting Comments [FR Doc. 2021–14266 Filed 7–2–21; 8:45 am] questions about Docket IDs in BILLING CODE 7590–01–P Regulations.gov to Stacy Schumann; The NRC encourages electronic telephone: 301–415–0624; email: comment submission through the [email protected]. For technical Federal Rulemaking website (https:// questions, contact the individual listed www.regulations.gov). Please include in the FOR FURTHER INFORMATION Docket ID NRC–2021–0118, facility CONTACT section of this document. name, unit number(s), docket
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number(s), application date, and proposed determination for each property, financial, or other interest in subject, in your comment submission. amendment request is shown as follows. the proceeding; and (4) the possible The NRC cautions you not to include The Commission is seeking public effect of any decision or order which identifying or contact information that comments on this proposed may be entered in the proceeding on the you do not want to be publicly determination. Any comments received petitioner’s interest. disclosed in your comment submission. within 30 days after the date of In accordance with 10 CFR 2.309(f), The NRC will post all comment publication of this notice will be the petition must also set forth the submissions at https:// considered in making any final specific contentions that the petitioner www.regulations.gov as well as enter the determination. seeks to have litigated in the comment submissions into ADAMS. Normally, the Commission will not proceeding. Each contention must The NRC does not routinely edit issue the amendment until the consist of a specific statement of the comment submissions to remove expiration of 60 days after the date of issue of law or fact to be raised or identifying or contact information. publication of this notice. The controverted. In addition, the petitioner If you are requesting or aggregating Commission may issue the license must provide a brief explanation of the comments from other persons for amendment before expiration of the 60- bases for the contention and a concise day period provided that its final submission to the NRC, then you should statement of the alleged facts or expert determination is that the amendment inform those persons not to include opinion that support the contention and involves no significant hazards identifying or contact information that on which the petitioner intends to rely consideration. In addition, the they do not want to be publicly in proving the contention at the hearing. Commission may issue the amendment disclosed in their comment submission. The petitioner must also provide prior to the expiration of the 30-day Your request should state that the NRC references to the specific sources and comment period if circumstances does not routinely edit comment documents on which the petitioner change during the 30-day comment intends to rely to support its position on submissions to remove such information period such that failure to act in a the issue. The petition must include before making the comment timely way would result, for example, sufficient information to show that a submissions available to the public or in derating or shutdown of the facility. genuine dispute exists with the entering the comment into ADAMS. If the Commission takes action prior to applicant or licensee on a material issue II. Background the expiration of either the comment of law or fact. Contentions must be period or the notice period, it will limited to matters within the scope of Pursuant to Section 189a.(2) of the publish a notice of issuance in the the proceeding. The contention must be Atomic Energy Act of 1954, as amended Federal Register. If the Commission one that, if proven, would entitle the (the Act), the NRC is publishing this makes a final no significant hazards petitioner to relief. A petitioner who notice. The Act requires the consideration determination, any fails to satisfy the requirements at 10 Commission to publish notice of any hearing will take place after issuance. CFR 2.309(f) with respect to at least one amendments issued, or proposed to be The Commission expects that the need contention will not be permitted to issued and grants the Commission the to take this action will occur very participate as a party. authority to issue and make infrequently. Those permitted to intervene become immediately effective any amendment parties to the proceeding, subject to any A. Opportunity To Request a Hearing to an operating license or combined limitations in the order granting leave to and Petition for Leave To Intervene license, as applicable, upon a intervene. Parties have the opportunity determination by the Commission that Within 60 days after the date of to participate fully in the conduct of the such amendment involves NSHC, publication of this notice, any persons hearing with respect to resolution of notwithstanding the pendency before (petitioner) whose interest may be that party’s admitted contentions, the Commission of a request for a affected by any of these actions may file including the opportunity to present hearing from any person. a request for a hearing and petition for evidence, consistent with the NRC’s This notice includes notices of leave to intervene (petition) with respect regulations, policies, and procedures. amendments containing SUNSI and SGI. to that action. Petitions shall be filed in Petitions must be filed no later than III. Notice of Consideration of Issuance accordance with the Commission’s 60 days from the date of publication of of Amendments to Facility Operating ‘‘Agency Rules of Practice and this notice. Petitions and motions for Licenses and Combined Licenses, Procedure’’ in 10 CFR part 2. Interested leave to file new or amended Proposed No Significant Hazards persons should consult a current copy contentions that are filed after the Consideration Determination, and of 10 CFR 2.309. The NRC’s regulations deadline will not be entertained absent Opportunity for a Hearing are accessible electronically from the a determination by the presiding officer NRC Library on the NRC’s website at that the filing demonstrates good cause The Commission has made a https://www.nrc.gov/reading-rm/doc- by satisfying the three factors in 10 CFR proposed determination that the collections/cfr/. If a petition is filed, the 2.309(c)(1)(i) through (iii). The petition following amendment requests involve Commission or a presiding officer will must be filed in accordance with the NSHC. Under the Commission’s rule on the petition and, if appropriate, filing instructions in the ‘‘Electronic regulations in 10 CFR 50.92, this means a notice of a hearing will be issued. Submissions (E-Filing)’’ section of this that operation of the facility in As required by 10 CFR 2.309(d) the document. accordance with the proposed petition should specifically explain the If a hearing is requested, and the amendment would not (1) involve a reasons why intervention should be Commission has not made a final significant increase in the probability or permitted with particular reference to determination on the issue of NSHC, the consequences of an accident previously the following general requirements for Commission will make a final evaluated, or (2) create the possibility of standing: (1) The name, address, and determination on the issue of NSHC. a new or different kind of accident from telephone number of the petitioner; (2) The final determination will serve to any accident previously evaluated, or the nature of the petitioner’s right to be establish when the hearing is held. If the (3) involve a significant reduction in a made a party to the proceeding; (3) the final determination is that the margin of safety. The basis for this nature and extent of the petitioner’s amendment request involves NSHC, the
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Commission may issue the amendment agency thereof that requests to filer need not serve the document on and make it immediately effective, participate under 10 CFR 2.315(c), must those participants separately. Therefore, notwithstanding the request for a be filed in accordance with 10 CFR applicants and other participants (or hearing. Any hearing would take place 2.302. The E-Filing process requires their counsel or representative) must after issuance of the amendment. If the participants to submit and serve all apply for and receive a digital ID final determination is that the adjudicatory documents over the certificate before adjudicatory amendment request involves a internet, or in some cases, to mail copies documents are filed to obtain access to significant hazards consideration, then on electronic storage media, unless an the documents via the E-Filing system. any hearing held would take place exemption permitting an alternative A person filing electronically using before the issuance of the amendment filing method, as discussed below, is the NRC’s adjudicatory E-Filing system unless the Commission finds an granted. Detailed guidance on electronic may seek assistance by contacting the imminent danger to the health or safety submissions is located in the Guidance NRC’s Electronic Filing Help Desk of the public, in which case it will issue for Electronic Submissions to the NRC through the ‘‘Contact Us’’ link located an appropriate order or rule under 10 (ADAMS Accession No. ML13031A056) on the NRC’s public website at https:// CFR part 2. and on the NRC website at https:// www.nrc.gov/site-help/e- A State, local governmental body, www.nrc.gov/site-help/e- submittals.html, by email to Federally recognized Indian Tribe, or submittals.html. [email protected], or by a toll- agency thereof, may submit a petition to To comply with the procedural free call at 1–866–672–7640. The NRC the Commission to participate as a party requirements of E-Filing, at least 10 Electronic Filing Help Desk is available under 10 CFR 2.309(h)(1). The petition days prior to the filing deadline, the between 9 a.m. and 6 p.m., Eastern should state the nature and extent of the participant should contact the Office of Time, Monday through Friday, petitioner’s interest in the proceeding. the Secretary by email at excluding government holidays. The petition should be submitted to the [email protected], or by telephone Participants who believe that they Commission no later than 60 days from at 301–415–1677, to (1) request a digital have good cause for not submitting the date of publication of this notice. identification (ID) certificate, which documents electronically must file an The petition must be filed in accordance allows the participant (or its counsel or exemption request, in accordance with with the filing instructions in the representative) to digitally sign 10 CFR 2.302(g), with their initial paper ‘‘Electronic Submissions (E-Filing)’’ submissions and access the E-Filing filing stating why there is good cause for section of this document, and should system for any proceeding in which it not filing electronically and requesting meet the requirements for petitions set is participating; and (2) advise the authorization to continue to submit forth in this section, except that under Secretary that the participant will be documents in paper format. Such filings 10 CFR 2.309(h)(2) a State, local submitting a petition or other must be submitted in accordance with governmental body, or Federally adjudicatory document (even in 10 CFR 2.302(b)–(d). Participants filing recognized Indian Tribe, or agency instances in which the participant, or its adjudicatory documents in this manner thereof does not need to address the counsel or representative, already holds are responsible for serving their standing requirements in 10 CFR an NRC-issued digital ID certificate). documents on all other participants. 2.309(d) if the facility is located within Based upon this information, the Participants granted an exemption its boundaries. Alternatively, a State, Secretary will establish an electronic under 10 CFR 2.302(g)(2) must still meet local governmental body, Federally docket for the proceeding if the the electronic formatting requirement in recognized Indian Tribe, or agency Secretary has not already established an 10 CFR 2.302(g)(1), unless the thereof may participate as a non-party electronic docket. participant also seeks and is granted an under 10 CFR 2.315(c). Information about applying for a exemption from 10 CFR 2.302(g)(1). If a petition is submitted, any person digital ID certificate is available on the Documents submitted in adjudicatory who is not a party to the proceeding and NRC’s public website at https:// proceedings will appear in the NRC’s is not affiliated with or represented by www.nrc.gov/site-help/e-submittals/ electronic hearing docket, which is a party may, at the discretion of the getting-started.html. After a digital ID publicly available at https:// presiding officer, be permitted to make certificate is obtained and a docket adams.nrc.gov/ehd, unless excluded a limited appearance pursuant to the created, the participant must submit pursuant to an order of the presiding provisions of 10 CFR 2.315(a). A person adjudicatory documents in Portable officer. If you do not have an NRC- making a limited appearance may make Document Format. Guidance on issued digital ID certificate as described an oral or written statement of his or her submissions is available on the NRC’s above, click ‘‘cancel’’ when the link position on the issues but may not public website at https://www.nrc.gov/ requests certificates and you will be otherwise participate in the proceeding. site-help/electronic-sub-ref-mat.html. A automatically directed to the NRC’s A limited appearance may be made at filing is considered complete at the time electronic hearing dockets where you any session of the hearing or at any the document is submitted through the will be able to access any publicly prehearing conference, subject to the NRC’s E-Filing system. To be timely, an available documents in a particular limits and conditions as may be electronic filing must be submitted to hearing docket. Participants are imposed by the presiding officer. Details the E-Filing system no later than 11:59 requested not to include personal regarding the opportunity to make a p.m. Eastern Time on the due date. privacy information such as social limited appearance will be provided by Upon receipt of a transmission, the E- security numbers, home addresses, or the presiding officer if such sessions are Filing system time stamps the document personal phone numbers in their filings scheduled. and sends the submitter an email unless an NRC regulation or other law confirming receipt of the document. The requires submission of such B. Electronic Submissions (E-Filing) E-Filing system also distributes an email information. With respect to All documents filed in NRC that provides access to the document to copyrighted works, except for limited adjudicatory proceedings including the NRC’s Office of the General Counsel excerpts that serve the purpose of the documents filed by an interested State, and any others who have advised the adjudicatory filings and would local governmental body, Federally Office of the Secretary that they wish to constitute a Fair Use application, recognized Indian Tribe, or designated participate in the proceeding, so that the participants should not include
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copyrighted materials in their submission.
Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Perry Nuclear Power Plant, Unit 1; Lake County, OH
Docket No(s) ...... 50–440. Application Date ...... April 7, 2021. ADAMS Accession No ...... ML21106A027 (Package). Location in Application of NSHC ...... Pages 51–52 of Enclosure A. Brief Description of Amendment(s) ...... The proposed amendment would revise the Updated Safety Analysis Report to change the methodology used for analysis of flooding hazards and drainage within the local intense pre- cipitation domain and reflect the results from the new analysis. Based on the new analysis, a new flood hazard protection scheme is also proposed for Perry Nuclear Power Plant, Unit 1. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Rick Giannantonio, General Counsel, Energy Harbor Nuclear Corp., Mail Stop A–GO–15, 76 South Main Street, Akron, OH 44308. NRC Project Manager, Telephone Number ...... Scott Wall, 301–415–2855.
Exelon Generation Company, LLC; Three Mile Island Nuclear Station, Unit 1; Dauphin County, PA
Docket No(s) ...... 50–289, 72–077. Application Date ...... April 29, 2021. ADAMS Accession No ...... ML21145A183. Location in Application of NSHC ...... Pages 5–6 of Attachment 1. Brief Description of Amendment(s) ...... Exelon Generation Company, LLC requests an amendment to Renewed Facility License No. DRP–50 for Three Mile Island Nuclear Station, Unit 1 (TMI–1) and the approval of the pro- posed TMI–1 Independent Spent Fuel Storage Installation (ISFSI) Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan (ISFSI Security Plan) and Alter- native Measures. The proposed amendment would revise the TMI–1 license to reflect the requirements for an ISFSI only configuration, consistent with the permanent removal of all spent fuel from the spent fuel pool. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Donald P. Ferraro, Assistant General Counsel, Exelon Generation Company, LLC, 200 Exelon Way, Suite 305, Kennett Square, PA 19348. NRC Project Manager, Telephone Number ...... Theodore Smith, 301–415–6721.
Order Imposing Procedures for Access or SGI submitted later than 10 days after (1) A description of the licensing to Sensitive Unclassified Non- publication will not be considered action with a citation to this Federal Safeguards Information and Safeguards absent a showing of good cause for the Register notice; Information for Contention Preparation late filing, addressing why the request (2) The name and address of the could not have been filed earlier. Energy Harbor Nuclear Corp. and potential party and a description of the Energy Harbor Nuclear Generation LLC; C. The requestor shall submit a letter potential party’s particularized interest Perry Nuclear Power Plant, Unit 1; Lake requesting permission to access SUNSI, that could be harmed by the action County, OH SGI, or both to the Office of the identified in C.(1); Secretary, U.S. Nuclear Regulatory (3) If the request is for SUNSI, the Exelon Generation Company, LLC; Commission, Washington, DC 20555– identity of the individual or entity Three Mile Island Nuclear Station, Unit 0001, Attention: Rulemakings and requesting access to SUNSI and the 1; Dauphin County, PA Adjudications Staff, and provide a copy requestor’s basis for the need for the A. This Order contains instructions to the Deputy General Counsel for information in order to meaningfully regarding how potential parties to this Hearings and Administration, Office of participate in this adjudicatory proceeding may request access to the General Counsel, U.S. Nuclear proceeding. In particular, the request documents containing sensitive Regulatory Commission, Washington, must explain why publicly available unclassified information (including DC 20555–0001. The expedited delivery versions of the information requested SUNSI and SGI). Requirements for or courier mail address for both offices would not be sufficient to provide the access to SGI are primarily set forth in is: U.S. Nuclear Regulatory Commission, basis and specificity for a proffered 10 CFR parts 2 and 73. Nothing in this 11555 Rockville Pike, Rockville, contention; and Order is intended to conflict with the Maryland 20852. The email address for (4) If the request is for SGI, the SGI regulations. the Office of the Secretary and the identity of each individual who would B. Within 10 days after publication of Office of the General Counsel are have access to SGI if the request is this notice of hearing and opportunity to [email protected] and granted, including the identity of any petition for leave to intervene, any [email protected], expert, consultant, or assistant who will potential party who believes access to respectively.1 The request must include aid the requestor in evaluating the SGI. SUNSI or SGI is necessary to respond to the following information: In addition, the request must contain this notice may request access to SUNSI the following information: or SGI. A ‘‘potential party’’ is any 1 While a request for hearing or petition to (a) A statement that explains each person who intends to participate as a intervene in this proceeding must comply with the individual’s ‘‘need to know’’ the SGI, as filing requirements of the NRC’s ‘‘E-Filing Rule,’’ party by demonstrating standing and the initial request to access SUNSI and/or SGI required by 10 CFR 73.2 and 10 CFR filing an admissible contention under 10 under these procedures should be submitted as 73.22(b)(1). Consistent with the CFR 2.309. Requests for access to SUNSI described in this paragraph. definition of ‘‘need to know’’ as stated
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in 10 CFR 73.2, the statement must Investigation identification and criminal (2) The requestor has established a explain: history records check. legitimate need for access to SUNSI or (i) Specifically why the requestor (d) A check or money order payable need to know the SGI requested. believes that the information is in the amount of $326.00 4 to the U.S. F. For requests for access to SUNSI, if necessary to enable the requestor to Nuclear Regulatory Commission for the NRC staff determines that the proffer and/or adjudicate a specific each individual for whom the request requestor satisfies both E.(1) and E.(2), contention in this proceeding; 2 and for access has been submitted. the NRC staff will notify the requestor (ii) The technical competence (e) If the requestor or any in writing that access to SUNSI has been (demonstrable knowledge, skill, training individual(s) who will have access to granted. The written notification will or education) of the requestor to SGI believes they belong to one or more contain instructions on how the effectively utilize the requested SGI to of the categories of individuals that are requestor may obtain copies of the provide the basis and specificity for a exempt from the criminal history requested documents, and any other proffered contention. The technical records check and background check conditions that may apply to access to competence of a potential party or its requirements in 10 CFR 73.59, the those documents. These conditions may counsel may be shown by reliance on a requestor should also provide a include, but are not limited to, the qualified expert, consultant, or assistant statement identifying which exemption signing of a Non-Disclosure Agreement who satisfies these criteria. the requestor is invoking and explaining or Affidavit, or Protective Order setting (b) A completed Form SF–85, the requestor’s basis for believing that forth terms and conditions to prevent ‘‘Questionnaire for Non-Sensitive the exemption applies. While the unauthorized or inadvertent Positions,’’ for each individual who processing the request, the Office of disclosure of SUNSI by each individual would have access to SGI. The 5 Administration, Personnel Security who will be granted access to SUNSI. completed Form SF–85 will be used by Branch, will make a final determination G. For requests for access to SGI, if the the Office of Administration to conduct whether the claimed exemption applies. NRC staff determines that the requestor the background check required for Alternatively, the requestor may contact has satisfied both E.(1) and E.(2), the access to SGI, as required by 10 CFR the Office of Administration for an Office of Administration will then part 2, subpart C, and 10 CFR determine, based upon completion of 73.22(b)(2), to determine the requestor’s evaluation of their exemption status prior to submitting their request. the background check, whether the trustworthiness and reliability. For proposed recipient is trustworthy and security reasons, Form SF–85 can only Persons who are exempt from the background check are not required to reliable, as required for access to SGI by be submitted electronically through the 10 CFR 73.22(b). If the Office of Electronic Questionnaires for complete the SF–85 or Form FD–258; however, all other requirements for Administration determines that the Investigations Processing (e-QIP) individual or individuals are website, a secure website that is owned access to SGI, including the need to know, are still applicable. trustworthy and reliable, the NRC will and operated by the Defense promptly notify the requestor in writing. Counterintelligence and Security Note: Copies of documents and materials required by paragraphs The notification will provide the names Agency (DCSA). To obtain online access of approved individuals as well as the to the form, the requestor should contact C.(4)(b), (c), and (d) of this Order must be sent to the following address: U.S. conditions under which the SGI will be the NRC’s Office of Administration at provided. Those conditions may 3 Nuclear Regulatory Commission, Office 301–415–3710. include, but are not limited to, the (c) A completed Form FD–258 of Administration, ATTN: Personnel Security Branch, Mail Stop: TWFN– signing of a Non-Disclosure Agreement (fingerprint card), signed in original ink, or Affidavit, or Protective Order 6 by and submitted in accordance with 10 07D04M, 11555 Rockville Pike, Rockville, MD 20852. each individual who will be granted CFR 73.57(d). Copies of Form FD–258 access to SGI. These documents and materials will be provided in the background H. Release and Storage of SGI. Prior should not be included with the request check request package supplied by the to providing SGI to the requestor, the letter to the Office of the Secretary, but Office of Administration for each NRC staff will conduct (as necessary) an the request letter should state that the individual for whom a background inspection to confirm that the forms and fees have been submitted as check is being requested. The recipient’s information protection required. fingerprint card will be used to satisfy system is sufficient to satisfy the the requirements of 10 CFR part 2, D. To avoid delays in processing requirements of 10 CFR 73.22. subpart C, 10 CFR 73.22(b)(1), and requests for access to SGI, the requestor Alternatively, recipients may opt to Section 149 of the Atomic Energy Act of should review all submitted materials view SGI at an approved SGI storage 1954, as amended, which mandates that for completeness and accuracy location rather than establish their own all persons with access to SGI must be (including legibility) before submitting SGI protection program to meet SGI fingerprinted for a Federal Bureau of them to the NRC. The NRC will return protection requirements. incomplete packages to the sender I. Filing of Contentions. Any 2 Broad SGI requests under these procedures are without processing. contentions in these proceedings that unlikely to meet the standard for need to know; E. Based on an evaluation of the furthermore, NRC staff redaction of information from requested documents before their release may information submitted under paragraphs 5 Any motion for Protective Order or draft Non- be appropriate to comport with this requirement. C.(3) or C.(4) above, as applicable, the Disclosure Affidavit or Agreement for SUNSI must These procedures do not authorize unrestricted NRC staff will determine within 10 days be filed with the presiding officer or the Chief disclosure or less scrutiny of a requestor’s need to of receipt of the request whether: Administrative Judge if the presiding officer has not know than ordinarily would be applied in yet been designated, within 30 days of the deadline connection with an already admitted contention or (1) There is a reasonable basis to for the receipt of the written access request. non-adjudicatory access to SGI. believe the petitioner is likely to 6 Any motion for Protective Order or draft Non- 3 The requestor will be asked to provide his or her establish standing to participate in this Disclosure Agreement or Affidavit for SGI must be full name, social security number, date and place NRC proceeding; and filed with the presiding officer or the Chief of birth, telephone number, and email address. Administrative Judge if the presiding officer has not After providing this information, the requestor yet been designated, within 180 days of the usually should be able to obtain access to the online 4 This fee is subject to change pursuant to the deadline for the receipt of the written access form within one business day. DCSA’s adjustable billing rates. request.
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are based upon the information received (3) The requestor may challenge the unavailable, another administrative as a result of the request made for NRC staff’s adverse determination with judge, or an Administrative Law Judge SUNSI or SGI must be filed by the respect to access to SUNSI or with with jurisdiction pursuant to 10 CFR requestor no later than 25 days after respect to standing or need to know for 2.318(a); or (c) if another officer has receipt of (or access to) that information. SGI by filing a challenge within 5 days been designated to rule on information However, if more than 25 days remain of receipt of that determination with: (a) access issues, with that officer. between the petitioner’s receipt of (or The presiding officer designated in this If challenges to the NRC staff access to) the information and the proceeding; (b) if no presiding officer determinations are filed, these deadline for filing all other contentions has been appointed, the Chief procedures give way to the normal (as established in the notice of hearing Administrative Judge, or if he or she is process for litigating disputes or opportunity for hearing), the unavailable, another administrative concerning access to information. The petitioner may file its SUNSI or SGI judge, or an Administrative Law Judge availability of interlocutory review by contentions by that later deadline. with jurisdiction pursuant to 10 CFR the Commission of orders ruling on J. Review of Denials of Access. 2.318(a); or (c) if another officer has such NRC staff determinations (whether (1) If the request for access to SUNSI been designated to rule on information granting or denying access) is governed or SGI is denied by the NRC staff either access issues, with that officer. by 10 CFR 2.311.7 (4) The requestor may challenge the after a determination on standing and Office of Administration’s final adverse L. The Commission expects that the requisite need, or after a determination determination with respect to NRC staff and presiding officers (and on trustworthiness and reliability, the trustworthiness and reliability for access any other reviewing officers) will NRC staff shall immediately notify the to SGI by filing a request for review in consider and resolve requests for access requestor in writing, briefly stating the accordance with 10 CFR 2.336(f)(1)(iv). to SUNSI or SGI, and motions for reason or reasons for the denial. (5) Further appeals of decisions under protective orders, in a timely fashion in (2) Before the Office of this paragraph must be made pursuant order to minimize any unnecessary Administration makes a final adverse to 10 CFR 2.311. delays in identifying those petitioners determination regarding the K. Review of Grants of Access. A who have standing and who have trustworthiness and reliability of the party other than the requestor may propounded contentions meeting the proposed recipient(s) for access to SGI, challenge an NRC staff determination specificity and basis requirements in 10 the Office of Administration, in granting access to SUNSI whose release CFR part 2. The attachment to this accordance with 10 CFR 2.336(f)(1)(iii), would harm that party’s interest Order summarizes the general target must provide the proposed recipient(s) independent of the proceeding. Such a schedule for processing and resolving any records that were considered in the challenge must be filed within 5 days of requests under these procedures. trustworthiness and reliability the notification by the NRC staff of its It is so ordered. determination, including those required grant of access and must be filed with: to be provided under 10 CFR (a) The presiding officer designated in Dated: June 7, 2021. 73.57(e)(1), so that the proposed this proceeding; (b) if no presiding For the Nuclear Regulatory Commission. recipient(s) have an opportunity to officer has been appointed, the Chief Annette L. Vietti-Cook, correct or explain the record. Administrative Judge, or if he or she is Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day Event/activity
0 ...... Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with in- structions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; dem- onstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the pro- ceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likeli- hood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (in- cluding fingerprinting for a criminal history records check), information processing (preparation of redactions or review of re- dacted documents), and readiness inspections. 25 ...... If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
7 Requestors should note that the filing 46562; August 3, 2012) apply to appeals of NRC applicable), but not to the initial SUNSI/SGI request requirements of the NRC’s E-Filing Rule (72 FR staff determinations (because they must be served submitted to the NRC staff under these procedures. 49139; August 28, 2007, as amended at 77 FR on a presiding officer or the Commission, as
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ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day Event/activity
40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 190 ...... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. 205 ...... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv). A ...... If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision revers- ing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the peti- tioner may file its SUNSI or SGI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.
[FR Doc. 2021–12277 Filed 7–2–21; 8:45 am] ADDRESSES: Interested persons are electronic, mechanical, or other BILLING CODE 7590–01–P invited to submit written comments on technological collection techniques or the proposed information collection to other forms of information technology, the Merit System Accountability and e.g., permitting electronic submissions OFFICE OF PERSONNEL Compliance, Office of Personnel of responses. Management, 1900 E Street NW, MANAGEMENT MSAC adjudicates classification Washington, DC 20415, Attention: Submission for Review: Claim for Damon Ford or sent via electronic mail appeals, job-grading appeals, FLSA Unpaid Compensation for Deceased to [email protected]. Claims, compensation and leave Claims, and declination of reasonable offer Civilian Employee, SF 1153, 3206–0234 FOR FURTHER INFORMATION CONTACT: A copy of this ICR, with applicable appeals, as well as the settling of AGENCY: Office of Personnel disputed Claims for unpaid Management. supporting documentation, may be obtained by contacting the compensation due deceased Federal ACTION: 60-Day notice and request for employees. This adjudicative function comments. Compensation and Leave Claims Program, Office of Personnel provides Federal employees SUMMARY: In accordance with the Management, 1900 E Street NW, administrative due process rights to Paperwork Reduction Act of 1995 as Washington, DC 20415, Attention: challenge compensation and related amended by the Clinger-Cohen Act, this Damon Ford or sent via electronic mail agency decisions without having to seek notice announces that the U.S. Office of to [email protected] or 202–606– redress in Federal courts. These Personnel Management (OPM) intends 2980. decisions are also a critical resource for to submit to the Office of Management SUPPLEMENTARY INFORMATION: The Office agency HR offices in making their own and Budget (OMB) a request for review of Management and Budget is classification, pay, and FLSA of an expiring information collection. particularly interested in comments determinations. Standard Form 1153, Claim for Unpaid that: Analysis Compensation for Deceased Civilian 1. Evaluate whether the proposed Employee, is used to collect information collection of information is necessary Agency: Merit System Accountability from individuals who have been for the proper performance of the and Compliance, Office of Personnel designated as beneficiaries of the functions of the agency, including Management. unpaid compensation of a deceased whether the information will have Title: Standard Form 1153, Claim for Federal employee who believe that their practical utility; relationship to the deceased entitles 2. Evaluate the accuracy of the Unpaid Compensation of Deceased them to receive the unpaid agency’s estimate of the burden of the Civilian Employee. compensation of the deceased Federal proposed collection of information, OMB Number: 3260–0234. employee. OPM needs this information including the validity of the Frequency: Annually. in order to adjudicate the claim and methodology and assumptions used; properly assign a deceased Federal 3. Enhance the quality, utility, and Affected Public: Federal Employees employee’s unpaid compensation to the clarity of the information to be and Retirees. appropriate individual(s). collected; and Number of Respondents: 3,000. DATES: Comments are encouraged and 4. Minimize the burden of the Estimated Time per Respondent: 15 will be accepted until September 7, collection of information on those who minutes. 2021. This process is conducted in are to respond, including through the accordance with 5 CFR 1320.1. use of appropriate automated, Total Burden Hours: 750 hours.
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Office of Personnel Management. of those statements may be examined at trading systems,9 and broker-dealer Alexys Stanley, the places specified in Item IV below. internalizers and wholesalers, all Regulatory Affairs Analyst. The Exchange has prepared summaries, competing for order flow. Based on [FR Doc. 2021–14160 Filed 7–2–21; 8:45 am] set forth in sections A, B, and C below, publicly-available information, no BILLING CODE 6325–58–P of the most significant parts of such single exchange currently has more than statements. 17% market share.10 Therefore, no exchange possesses significant pricing A. Self-Regulatory Organization’s power in the execution of equity order SECURITIES AND EXCHANGE Statement of the Purpose of, and the flow. More specifically, the Exchange COMMISSION Statutory Basis for, the Proposed Rule currently has less than 10% market Change [Release No. 34–92291; File No. SR– share of executed volume of equities NYSEArca–2021–52] 1. Purpose trading.11 Self-Regulatory Organizations; NYSE The Exchange proposes to amend the The Exchange believes that the ever- Arca, Inc.; Notice of Filing and Fee Schedule to modify the per share shifting market share among the Immediate Effectiveness of Proposed credit and fee associated with certain exchanges from month to month Rule Change To Amend the NYSE Arca Retail Orders 5 that add and remove demonstrates that market participants Equities Fees and Charges liquidity. The Exchange proposes to can move order flow, or discontinue or implement the fee change effective June reduce use of certain categories of June 29, 2021. 14, 2021. products. While it is not possible to Pursuant to Section 19(b)(1) 1 of the know a firm’s reason for shifting order Background Securities Exchange Act of 1934 (the flow, the Exchange believes that one ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 The Exchange operates in a highly such reason is because of fee changes at notice is hereby given that, on June 14, competitive market. The Commission any of the registered exchanges or non- 2021, NYSE Arca, Inc. (‘‘NYSE Arca’’ or has repeatedly expressed its preference exchange venues to which a firm routes the ‘‘Exchange’’) filed with the for competition over regulatory order flow. The competition for Retail Securities and Exchange Commission intervention in determining prices, Orders is even more stark, particularly (the ‘‘Commission’’) the proposed rule products, and services in the securities as it relates to exchange versus off- change as described in Items I and II markets. In Regulation NMS, the exchange venues. Commission highlighted the importance below, which Items have been prepared The Exchange thus needs to compete of market forces in determining prices by the self-regulatory organization. The in the first instance with non-exchange and SRO revenues and, also, recognized Commission is publishing this notice to venues for Retail Order flow, and with that current regulation of the market solicit comments on the proposed rule the 15 other exchange venues for that system ‘‘has been remarkably successful change from interested persons. Retail Order flow that is not directed in promoting market competition in its off-exchange. Accordingly, competitive I. Self-Regulatory Organization’s broader forms that are most important to forces compel the Exchange to use Statement of the Terms of Substance of investors and listed companies.’’ 6 exchange transaction fees and credits, the Proposed Rule Change While Regulation NMS has enhanced particularly as they relate to competing competition, it has also fostered a The Exchange proposes to amend the for Retail Order flow, because market ‘‘fragmented’’ market structure where NYSE Arca Equities Fees and Charges participants can readily trade on trading in a single stock can occur (‘‘Fee Schedule’’) to modify the per competing venues if they deem pricing across multiple trading centers. When share credit and fee associated with levels at those other venues to be more multiple trading centers compete for certain Retail Orders that add and favorable. remove liquidity. The Exchange order flow in the same stock, the proposes to implement the fee change Commission has recognized that ‘‘such To respond to this competitive effective June 14, 2021.4 The proposed competition can lead to the environment, the Exchange has rule change is available on the fragmentation of order flow in that established Retail Order Step-Up tiers,12 Exchange’s website at www.nyse.com, at stock.’’ 7 Indeed, equity trading is which are designed to provide an the principal office of the Exchange, and currently dispersed across 16 incentive for ETP Holders to route Retail at the Commission’s Public Reference exchanges,8 numerous alternative Orders to the Exchange by providing Room. higher credits for adding liquidity 5 A Retail Order is an agency order that originates correlated to an ETP Holder’s higher II. Self-Regulatory Organization’s from a natural person and is submitted to the trading volume in Retail Orders on the Statement of the Purpose of, and Exchange by an ETP Holder, provided that no Exchange. Under the Retail Order Step- Statutory Basis for, the Proposed Rule change is made to the terms of the order to price or side of market and the order does not originate Up Tiers, ETP Holders also do not pay Change from a trading algorithm or any other computerized a fee when such Retail Orders have a In its filing with the Commission, the methodology. See Securities Exchange Act Release time-in-force of Day and remove No. 67540 (July 30, 2012), 77 FR 46539 (August 3, liquidity from the Exchange. self-regulatory organization included 2012) (SR–NYSEArca–2012–77). statements concerning the purpose of, 6 See Securities Exchange Act Release No. 51808 and basis for, the proposed rule change (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) 9 See FINRA ATS Transparency Data, available at and discussed any comments it received (File No. S7–10–04) (Final Rule) (‘‘Regulation https://otctransparency.finra.org/otctransparency/ on the proposed rule change. The text NMS’’). AtsIssueData. A list of alternative trading systems 7 See Securities Exchange Act Release No. 61358, registered with the Commission is available at 75 FR 3594, 3597 (January 21, 2010) (File No. S7– https://www.sec.gov/foia/docs/atslist.htm. 1 15 U.S.C. 78s(b)(1). 02–10) (Concept Release on Equity Market 10 See Cboe Global Markets U.S. Equities Market 2 15 U.S.C. 78a. Structure). Volume Summary, available at http:// _ 3 17 CFR 240.19b–4. 8 See Cboe U.S. Equities Market Volume markets.cboe.com/us/equities/market share/. 4 The Exchange originally filed to amend the Fee Summary, available at https://markets.cboe.com/us/ 11 See id. Schedule on June 1, 2021 (SR–NYSEArca–2021– equities/market_share. See generally https:// 12 See Retail Order Tier, Retail Order Step-Up 49). SR–NYSEArca–2021–49 was subsequently www.sec.gov/fast-answers/ Tier 1, Retail Order Step-Up Tier 2 and Retail Order withdrawn and replaced by this filing. divisionsmarketregmrexchangesshtml.html. Step-Up Tier 3 on the Fee Schedule.
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Proposed Rule Change The following example illustrates The Proposed Fee Change Is Reasonable In response to this competitive how the proposed rule change would As discussed above, the Exchange environment, the Exchange proposes to operate. Assume an ETP holder qualifies operates in a highly fragmented and modify the per share credit and fee for the Retail Order Step-Up Tier 3 competitive market. The Commission associated with the execution of orders pricing tier. As such, the ETP Holder has repeatedly expressed its preference that are internalized.13 An internalized would receive a credit of $0.0036 per for competition over regulatory retail order execution is a trade where share for Retail Orders that add liquidity intervention in determining prices, two Retail Orders that trade against each and would pay no fee for Retail Orders products, and services in the securities other share the same Market Participant with a time-in-force of Day that remove markets. Specifically, in Regulation Identifier (‘‘MPID’’). As proposed, the liquidity. Further assume that the ETP NMS, the Commission highlighted the Exchange would not charge a fee or pay holder has an ADV of Retail Orders with importance of market forces in a credit for certain orders that qualify a time-in-force of Day that remove determining prices and SRO revenues liquidity of 500,000 shares, of which and, also, recognized that current for the Retail Order Step-Up Tier 1, • Retail Order Step-Up Tier 2 and Retail 250,000 shares ADV where both regulation of the market system ‘‘has Order Step-Up Tier 3 pricing tiers. More sides of the executed orders share the been remarkably successful in specifically, the Exchange proposes to same MPID and are both Retail Orders promoting market competition in its not charge a fee or pay a credit for Retail with a time-in-force of Day. Both sides broader forms that are most important to Orders where each side of the executed of such orders would not pay a fee or investors and listed companies.’’ 17 order shares the same MPID, each side receive a credit. The Exchange believes that the ever- • of the executed order is a Retail Order 100,000 shares ADV where both shifting market share among the with a time-in-force of Day, and the sides of the executed orders share the exchanges from month to month executed orders have an average daily same MPID but are not both Retail demonstrates that market participants volume (‘‘ADV’’) of at least 150,000 Orders with a time-in-force of Day (e.g., can shift order flow, or discontinue to shares. The proposed rule change would the liquidity providing order is not a reduce use of certain categories of not create new means of submitting Retail Order). The retail removing products, in response to fee changes. orders to the Exchange nor would it shares would continue to not pay a fee With respect to Retail Orders, ETP permit ETP Holders to circumvent the for removing liquidity and the non-retail Holders can choose from any one of the Exchange’s order priority rules. The providing shares would continue to 16 currently operating registered Exchange’s priority rules would receive the tiered or basic rates that are exchanges, and numerous off-exchange continue to apply as they currently do applicable based on the ETP holder’s venues, to route such order flow. with respect to the execution of Retail qualifying levels. Accordingly, competitive forces • Orders that are the subject of this The remaining 150,000 shares ADV reasonably constrain exchange transaction fees that relate to Retail proposed rule change. are where both sides of the executed Orders on an exchange. Stated Under the Retail Order Step-Up Tier orders do not share the same MPID. The otherwise, changes to exchange 1 pricing tier, such orders currently retail removing shares would continue transaction fees can have a direct effect receive a credit of $0.0038 per share for to not pay a fee for removing liquidity on the ability of an exchange to compete adding liquidity and do not pay a fee for and the non-retail providing shares for order flow. removing liquidity. Under the Retail would continue to receive the tiered or basic rates that are applicable based on Given this competitive environment, Order Step-Up Tier 2 pricing tier, such the proposal represents a reasonable orders currently receive a credit of the ETP holder’s qualifying levels. If instead, the ETP Holder in the attempt to attract additional Retail $0.0035 per share for adding liquidity Orders and retain existing Retail Order and do not pay a fee for removing example above has an ADV under 150,000 shares then the ETP Holder flow on the Exchange. liquidity. Lastly, under the Retail Order The Exchange believes that the would not be subject to the proposed fee Step-Up Tier 3 pricing tier, such orders proposed change to adopt lower credits change. currently receive a credit of $0.0036 per for Retail Orders that are internalized is share for adding liquidity and do not The proposed changes are not reasonable because while ETP Holders pay a fee for removing liquidity. When otherwise intended to address any other would no longer receive credits for such both sides of an execution are not Retail issues, and the Exchange is not aware of orders, they would also continue to not Orders or do not share the same MPID, any significant problems that market pay any fees for such orders. Further, as the Exchange will continue to not participants would have in complying noted below, the Exchange believes that charge a fee for removing liquidity and with the proposed changes. not providing a credit and not charging will provide the credits noted above. 2. Statutory Basis a fee for Retail Orders that are The proposed rule change would not internalized is reasonable because, impact orders that qualify for the Retail The Exchange believes that the despite the lower credit, the resulting Order pricing tier that are internalized. proposed rule change is consistent with pricing would remain favorable 15 Such orders would continue to receive Section 6(b) of the Act, in general, and compared to the fees charged for orders a credit of $0.0033 per share for furthers the objectives of Sections that are internalized by another 16 providing liquidity and would pay a 6(b)(4) and (5) of the Act, in particular, market,18 and will therefore continue to basic rate fee of $0.0030 per share for because it provides for the equitable incentivize market participants to removing liquidity.14 allocation of reasonable dues, fees, and submit Retail Orders to the Exchange. other charges among its members, That said, the Exchange notes that 13 This occurs when two orders presented to the issuers and other persons using its market participants are free to shift their Exchange from the same ETP Holder (i.e., MPID) are facilities and does not unfairly order flow to competing venues if they presented separately and not in a paired manner, discriminate between customers, believe other markets offer more but nonetheless inadvertently match with one issuers, brokers or dealers. another. 14 Under Tier 1, Tier 2 and Tier 3 pricing tiers, 17 See Securities Exchange Act Release No. 51808 such orders would pay a fee of $0.0029 per share 15 15 U.S.C. 78f(b). (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). in Tape B securities. See Fee Schedule. 16 15 U.S.C. 78f(b)(4) and (5). 18 See infra, note 19.
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favorable fees and credits. Additionally, a fee of $0.00050 per share for orders Act because all similarly situated ETP the proposed rule change would apply that remove liquidity if such members Holders would be charged the same fee only to a subset of Retail Orders do not have an adding ADV of for executing Retail Orders that are directed to the Exchange by ETP 10,000,000 shares.19 internalized. The Exchange also notes Holders, i.e., those that share the same The Exchange further believes that the that proposed rule change will not MPID and that add and remove retail proposed change is equitable because it adversely impact any ETP Holder’s liquidity. All other Retail Orders would is reasonably related to the value to the ability to qualify for other reduced fee continue to be subject to current fees Exchange’s market quality associated or enhanced rebate tiers. Lastly, the and credits, including those orders that with higher volume in Retail Orders. submission of Retail Orders is optional qualify for the Retail Order pricing tier. The Exchange believes that recalibrating for ETP Holders in that they could The Exchange believes the proposed the fees and credits charged for choose whether to submit Retail Orders rule change is also reasonable as it is execution of Retail Orders that are and, if they do, the extent of its activity designed to incentivize ETP Holders to internalized will continue to attract in this regard. The Exchange believes send orders to the Exchange that may order flow and liquidity to the that it is subject to significant otherwise be internalized off-exchange, Exchange, thereby contributing to price competitive forces, as described below which further contributes to a deeper, discovery on the Exchange and in the Exchange’s statement regarding more liquid market and provide even benefiting investors generally. the burden on competition. more execution opportunities for market The Exchange believes that the For the foregoing reasons, the participants. This overall increase in proposed rule change is equitable Exchange believes that the proposal is activity deepens the Exchange’s because maintaining or increasing the consistent with the Act. liquidity pool, offers additional cost proportion of Retail Orders in exchange- savings, supports the quality of price listed securities that are executed on a B. Self-Regulatory Organization’s discovery, promotes market registered national securities exchange Statement on Burden on Competition transparency and improves market (rather than relying on certain available In accordance with Section 6(b)(8) of quality, for all investors. off-exchange execution methods) would the Act,20 the Exchange believes that the On the backdrop of the competitive contribute to investors’ confidence in proposed rule change would not impose environment in which the Exchange the fairness of their transactions and any burden on competition that is not currently operates, the proposed rule would benefit all investors by necessary or appropriate in furtherance change is a reasonable attempt to deepening the Exchange’s liquidity of the purposes of the Act. Instead, as increase liquidity on the Exchange and pool, supporting the quality of price discussed above, the Exchange believes improve the Exchange’s market share discovery, promoting market that the proposed change would relative to its competitors. transparency and improving investor encourage the submission of additional The Proposed Fee Change Is an protection. liquidity to a public exchange, thereby Equitable Allocation of Fees and Credits promoting market depth, price The Proposed Fee Change Is Not discovery and transparency and The Exchange believes its proposal is Unfairly Discriminatory enhancing order execution an equitable allocation of its fees among The Exchange believes that the opportunities for ETP Holders. As a its market participants because all ETP proposal is not unfairly discriminatory. result, the Exchange believes that the Holders that participate on the In the prevailing competitive proposed change furthers the Exchange will be able to internalize environment, ETP Holders are free to Commission’s goal in adopting their Retail Orders on the Exchange at disfavor the Exchange’s pricing if they Regulation NMS of fostering no cost, i.e., they would not receive any believe that alternatives offer them competition among orders, which credit or pay any fee for the execution better value. promotes ‘‘more efficient pricing of of Retail Orders that are internalized. The Exchange believes that the individual stocks for all types of orders, Without having a view of ETP Holders’ proposed change is not unfairly large and small.’’ 21 activity on other markets and off- discriminatory because it would apply Intramarket Competition. The exchange venues, the Exchange has no to all ETP Holders on an equal and non- Exchange believes the proposed rule way of knowing whether this proposed discriminatory basis. The Exchange change does not impose any burden on rule change would result in any ETP believes that the proposed rule change intramarket competition that is not Holder sending more of their Retail is not unfairly discriminatory because necessary or appropriate in furtherance Orders to the Exchange. The Exchange maintaining or increasing the of the purposes of the Act. Particularly, cannot predict with certainty how many proportion of Retail Orders in exchange- the proposed change applies to all ETP ETP Holders would avail themselves of listed securities that are executed on a Holders equally in that all ETP Holders this opportunity but additional Retail registered national securities exchange would be able to internalize Retail Orders would benefit all market (rather than relying on certain available Orders on the Exchange at no cost, i.e., participants because it would provide off-exchange execution methods) would they would receive no credit or pay any greater execution opportunities on the contribute to investors’ confidence in fee. Additionally, the proposed change Exchange. the fairness of their transactions and is designed to attract additional order Further, given the competitive market would benefit all investors by for attracting Retail Order flow, the flow to the Exchange. The Exchange deepening the Exchange’s liquidity believes that the proposed rule change Exchange notes that with this proposed pool, supporting the quality of price rule change, the cost for executing Retail would continue to incentivize market discovery, promoting market participants to submit Retail Orders that Orders that are internalized would be transparency and improving investor lower than the fees charged by other are internalized and executed on a protection. This aspect of the proposed public and transparent market rather exchanges that the Exchange competes rule change also is consistent with the with for order flow. For example, EDGX 20 15 U.S.C. 78f(b)(8). Equities (‘‘EDGX’’) charges its members 19 See EDGX Price List, Fee Codes EA and ER, at 21 Securities Exchange Act Release No. 51808, 70 an internalization fee of $0.00050 per https://www.cboe.com/us/equities/membership/fee_ FR 37495, 37498–99 (June 29, 2005) (S7–10–04) share for orders that add liquidity and schedule/edgx/. (Final Rule).
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than on an off-exchange venue because At any time within 60 days of the personal identifying information from ETP Holders would be able to transact filing of the proposed rule change, the comment submissions. You should such orders at no cost. Greater liquidity Commission summarily may submit only information that you wish benefits all market participants on the temporarily suspend such rule change if to make available publicly. All Exchange by providing more trading it appears to the Commission that such submissions should refer to File opportunities and encourages ETP action is: (i) Necessary or appropriate in Number SR–NYSEArca–2021–52 and Holders to send orders, thereby the public interest; (ii) for the protection should be submitted on or before July contributing to robust levels of liquidity, of investors; or (iii) otherwise in 27, 2021. which benefits all market participants. furtherance of the purposes of the Act. For the Commission, by the Division of The proposed pricing for internalizing If the Commission takes such action, the Trading and Markets, pursuant to delegated Retail Orders would be available to all Commission shall institute proceedings authority.23 similarly-situated market participants, to determine whether the proposed rule J. Matthew DeLesDernier, and, as such, the proposed change should be approved or disapproved. Assistant Secretary. would not impose a disparate burden on IV. Solicitation of Comments [FR Doc. 2021–14254 Filed 7–2–21; 8:45 am] competition among market participants on the Exchange. Interested persons are invited to BILLING CODE 8011–01–P Intermarket Competition. The submit written data, views, and Exchange believes the proposed rule arguments concerning the foregoing, SECURITIES AND EXCHANGE change does not impose any burden on including whether the proposed rule COMMISSION intermarket competition that is not change is consistent with the Act. Comments may be submitted by any of necessary or appropriate in furtherance Sunshine Act Meeting; Cancellation of the purposes of the Act. The the following methods: Exchange operates in a highly Electronic Comments FEDERAL REGISTER CITATION OF PREVIOUS competitive market in which market ANNOUNCEMENT: 86 FR 34080, June 28, • Use the Commission’s internet participants can readily choose to send 2021. comment form (http://www.sec.gov/ their orders to other exchanges and off- PREVIOUSLY ANNOUNCED TIME AND DATE OF exchange venues if they deem fee levels rules/sro.shtml); or • Send an email to rule-comments@ THE MEETING: Thursday, July 1, 2021 at at those other venues to be more 2 p.m. favorable. As noted above, the sec.gov. Please include File Number SR– Exchange’s market share of intraday NYSEArca–2021–52 on the subject line. CHANGES IN THE MEETING: The Closed trading (i.e., excluding auctions) is Paper Comments Meeting scheduled for Thursday, July 1, 2021 at 2 p.m., has been cancelled. currently less than 10%. In such an • Send paper comments in triplicate environment, the Exchange must CONTACT PERSON FOR MORE INFORMATION: to Secretary, Securities and Exchange For further information; please contact continually adjust its fees and rebates to Commission, 100 F Street NE, Vanessa A. Countryman from the Office remain competitive with other Washington, DC 20549–1090. exchanges and with off-exchange of the Secretary at (202) 551–5400. All submissions should refer to File venues. Because competitors are free to Number SR–NYSEArca–2021–52. This Dated: July 1, 2021. modify their own fees and credits in file number should be included on the Vanessa A. Countryman, response, and because market subject line if email is used. To help the Secretary. participants may readily adjust their Commission process and review your [FR Doc. 2021–14426 Filed 7–1–21; 11:15 am] order routing practices, the Exchange comments more efficiently, please use BILLING CODE 8011–01–P does not believe this proposed fee only one method. The Commission will change would impose any burden on post all comments on the Commission’s intermarket competition. internet website (http://www.sec.gov/ SECURITIES AND EXCHANGE The Exchange believes that the COMMISSION proposed change could promote rules/sro.shtml). Copies of the competition between the Exchange and submission, all subsequent amendments, all written statements [Investment Company Act Release No. other execution venues, including those 34320; File No. 812–15214] that currently offer similar order types with respect to the proposed rule and comparable transaction pricing, by change that are filed with the BNY Mellon Alcentra Opportunistic encouraging additional orders to be sent Commission, and all written Global Credit Income Fund and BNY to the Exchange for execution. communications relating to the Mellon Investment Adviser, Inc. proposed rule change between the C. Self-Regulatory Organization’s Commission and any person, other than June 29, 2021. Statement on Comments on the those that may be withheld from the AGENCY: Securities and Exchange Proposed Rule Change Received From public in accordance with the Commission (the ‘‘Commission’’). Members, Participants, or Others provisions of 5 U.S.C. 552, will be ACTION: Notice. No written comments were solicited available for website viewing and or received with respect to the proposed printing in the Commission’s Public Notice of an application for an order rule change. Reference Room, 100 F Street NE, pursuant to section 6(c) of the Washington, DC 20549, on official Investment Company Act of 1940 (the III. Date of Effectiveness of the business days between the hours of ‘‘1940 Act’’) for an exemption from Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of the sections 18(a)(2), 18(c), and 18(i) of the Commission Action filing also will be available for 1940 Act, pursuant to section 6(c) and The foregoing rule change has become inspection and copying at the principal 23(c) of the 1940 Act for certain effective pursuant to Section office of the Exchange. All comments exemptions from rule 23c–3 under the 19(b)(3)(A)(ii) of the Act.22 received will be posted without change. 1940 Act, and for an order pursuant to Persons submitting comments are 22 15 U.S.C. 78s(b)(3)(A)(ii). cautioned that we do not redact or edit 23 17 CFR 200.30–3(a)(12).
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section 17(d) of the 1940 Act and rule company and classified as a non- classes of Shares, such as the Initial 17d–1 thereunder. diversified investment company. The Class Shares and a new Share class (the SUMMARY OF APPLICATION: Applicants Initial Fund’s investment objective is to ‘‘New Class Shares’’), or any other request an order to permit certain seek to provide total return consisting of classes. Because of the different registered closed-end management high current income and capital distribution fees, shareholder services investment companies to issue multiple appreciation. fees, and any other class expenses that classes of common shares of beneficial 2. The Adviser, a New York may be attributable to the different interest (‘‘Shares’’) with varying sales corporation, is registered as an classes, the net income attributable to, loads and asset-based service and/or investment adviser under the and any dividends payable on, each distribution fees and to impose early Investment Advisers Act of 1940. The class of Shares may differ from each withdrawal charges. Adviser serves as investment adviser to other from time to time. 7. Applicants state that, from time to APPLICANTS: BNY Mellon Alcentra the Initial Fund. time, the Board of a Fund may create Opportunistic Global Credit Income 3. The applicants seek an order to and offer additional classes of Shares, or Fund (the ‘‘Initial Fund’’) and BNY permit the Initial Fund to offer investors may vary the characteristics described Mellon Investment Adviser, Inc. multiple classes of Shares with varying of the Initial Class and New Class (‘‘Adviser’’). sales loads and asset-based service and/ or distribution fees and to impose early Shares, including without limitation, in FILING DATES: The application was filed withdrawal charges. the following respects: (1) The amount on April 1, 2021. 4. Applicants request that the order of fees permitted by a distribution and HEARING OR NOTIFICATION OF HEARING: An also apply to any other registered service plan as to such class; (2) voting order granting the requested relief will closed-end management investment rights with respect to a distribution and be issued unless the Commission orders company that conducts a continuous service plan as to such class; (3) a hearing. Interested persons may offering of its shares, existing now or in different class designations; (4) the request a hearing by emailing the the future, for which the Adviser, its impact of any class expenses directly Commission’s Secretary at Secretarys- successors,1 or any entity controlling, attributable to a particular class of [email protected] and serving applicants controlled by, or under common control Shares allocated on a class basis as with a copy of the request by email. with the Adviser, or its successors, acts described in the application; (5) Hearing requests should be received by as investment adviser, and which differences in any dividends and net the Commission by 5:30 p.m. on July 23, provides periodic liquidity with respect asset values per Share resulting from 2021, and should be accompanied by to its Shares through tender offers differences in fees under a distribution proof of service on the applicants, in the conducted in compliance with either and service plan or in class expenses; form of an affidavit or, for lawyers, a rule 23c–3 under the 1940 Act or rule (6) any early withdrawal charge or other certificate of service. Pursuant to rule 0– 13e–4 under the Securities Exchange sales load structure; and (7) any 5 under the 1940 Act, hearing requests Act of 1934 (the ‘‘1934 Act’’) (each such exchange or conversion features, as should state the nature of the writer’s closed-end management investment permitted under the 1940 Act. interest, any facts bearing upon the company a ‘‘Future Fund’’ and, together 8. Applicants state that, in order to desirability of a hearing on the matter, with the Initial Fund, each a ‘‘Fund,’’ provide some liquidity to shareholders, the reason for the request, and the issues and collectively the ‘‘Funds’’).2 the Initial Fund is structured as an contested. Persons who wish to be 5. The Initial Fund’s initial ‘‘interval fund’’ and conducts quarterly notified of a hearing may request Registration Statement filed on Form N– offers to repurchase between five notification by emailing the 2 seeks to register an initial class of percent and twenty-five percent of its Commission’s Secretary at Secretarys- Shares (the ‘‘Initial Class Shares’’). outstanding Shares at net asset value, [email protected]. Shares will be offered on a continuous pursuant to rule 23c–3 under the 1940 ADDRESSES: The Commission: basis pursuant to a registration Act, unless such offer is suspended or [email protected]. Applicants: statement under the Securities Act of postponed in accordance with Jeff Prunofsky, Esq., jeff.prusnofsky@ 1933 at their net asset value per share. regulatory requirements. Any other bnymellon.com. The Initial Fund, as a closed-end Fund that intends to rely on the requested relief will provide periodic FOR FURTHER INFORMATION CONTACT: management investment company, does Bruce R. MacNeil, Senior Counsel, at not intend to continuously redeem liquidity to shareholders in accordance (202) 551–6817, or Kaitlin C. Bottock, Shares as does an open-end with either rule 23c–3 under the 1940 Branch Chief, at (202) 551–6825 management investment company. Act or rule 13e–4 under the 1934 Act. 9. Applicants represent that any asset- (Division of Investment Management, Shares of the Initial Fund will not be based distribution and servicing fee of a Chief Counsel’s Office). listed on any securities exchange and will not trade on an over-the-counter Fund will comply with the provisions of SUPPLEMENTARY INFORMATION: The Rule 2341 of the Rules of the Financial following is a summary of the system. Applicants do not expect that any secondary market will ever develop Industry Regulatory Authority (‘‘FINRA application. The complete application 3 for the Shares. Rule 2341’’). Applicants also represent may be obtained by searching the that each Fund will disclose in its Commission’s website, at http:// 6. If the requested relief is granted, the Initial Fund intends to offer multiple prospectus the fees, expenses, and other www.sec.gov/search/search.htm, using characteristics of each class of Shares the application’s file number or the 1 A successor in interest is limited to an entity offered for sale by the prospectus, as is applicant’s name, or by calling the that results from a reorganization into another required for open-end, multiple class Commission at (202) 551–8090. jurisdiction or a change in the type of business funds under Form N–1A. As if it were organization. an open-end management investment Applicants’ Representations 2 The Initial Fund and any Future Fund relying company, each Fund will disclose fund 1. The Initial Fund is a newly on the requested relief will do so in compliance with the terms and conditions of the application. organized Maryland statutory trust that Applicants represent that any person presently 3 Any references to FINRA Rule 2341 include any is registered under the 1940 Act as a intending to rely on the requested relief is listed as successor or replacement rule that may be adopted closed-end management investment an applicant. by FINRA.
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expenses borne by shareholders during 13. Applicants seek relief to the extent one year.8 Repurchase fees, if charged, the reporting period in shareholder necessary for each Fund to impose an will equally apply to all classes of reports 4 and describe in its prospectus early withdrawal charge on shares Shares of the Fund, consistent with any arrangements that result in submitted for repurchase that have been section 18 of the 1940 Act and rule 18f– breakpoints in, or elimination of, sales held less than a specified period. 3 thereunder. To the extent a Fund loads.5 In addition, applicants will Applicants state that each Fund may determines to waive, impose scheduled comply with applicable enhanced fee grant waivers of the early withdrawal variations of, or eliminate a repurchase disclosure requirements for fund of charges on repurchases for certain fee, it will do so consistently with the funds, including registered funds of categories of shareholders or requirements of rule 22d–1 under the hedge and private equity funds.6 transactions established from time to 1940 Act as if the repurchase fee were 10. Each Fund and its distributor (the time. Applicants state that each Fund a CDSL and as if the Fund were a ‘‘Distributor’’) will also comply with will apply the early withdrawal charge registered open-end management any requirements that may be adopted (and any waivers or scheduled investment company. In addition, the by the Commission or FINRA regarding variations of the early withdrawal Fund’s waiver of, scheduled variation disclosure at the point of sale and in charge) uniformly to all shareholders in in, or elimination of the repurchase fee transaction confirmations about the a given class and consistently with the will apply uniformly to all shareholders costs and conflicts of interest arising out requirements of rule 22d–1 under the of the Fund regardless of class. of the distribution of open-end 1940 Act as if the Fund were an open- Applicants’ Legal Analysis investment company shares, and end management investment company. regarding prospectus disclosure of sales 14. Applicants state that a Fund Multiple Classes of Shares loads and revenue sharing arrangements operating as an interval fund pursuant to rule 23c–3 under the 1940 Act may 1. Section 18(a)(2)(A) and (B) makes it as if those requirements apply to the unlawful for a registered closed-end Fund and the Distributor. Each Fund or offer its shareholders an exchange feature under which the shareholders of management investment company to the Distributor will contractually issue a senior security that is a stock require that any other distributor of the the Fund may, in connection with the Fund’s periodic repurchase offers, unless (a) immediately after such Fund’s Shares comply with such issuance it will have an asset coverage requirements in connection with the exchange their Shares of the Fund for shares of the same class of (i) registered of at least 200% and (b) provision is distribution of Shares of the Fund. made to prohibit the declaration of any 11. All expenses incurred by a Fund open-end management investment companies or (ii) other registered distribution upon its common stock, or will be allocated among its various the purchase of any such common stock, classes of Shares based on the net assets closed-end investment companies that comply with rule 23c–3 under the 1940 unless in every such case such senior of the Fund attributable to each class, Act and continuously offer their shares security has at the time of the except that the net asset value and at net asset value, that are in the Fund’s declaration of any such distribution, or expenses of each class will reflect the group of investment companies at the time of any such purchase, an expenses associated with the (collectively, the ‘‘Other Funds’’). asset coverage of at least 200% after distribution and service plan of that Shares of a Fund operating pursuant to deducting the amount of such class (if any), shareholder services fees rule 23c–3 that are exchanged for shares distribution or purchase price, as the attributable to a particular class of Other Funds will be included as part case may be. Applicants state that the (including transfer agency fees, if any), of the repurchase offer amount for such creation of multiple classes of Shares of and any other incremental expenses of Fund as specified in rule 23c–3 under the Funds may violate section 18(a)(2) that class. Expenses of a Fund allocated the 1940 Act. Any exchange option will because the Funds may not meet section to a particular class of the Fund’s Shares comply with rule 11a–3 under the 1940 18(a)(2)’s requirements with respect to a will be borne on a pro rata basis by each Act, as if the Fund were an open-end class of Shares that may be a senior outstanding Share of that class. management investment company security. Applicants state that each Fund will subject to rule 11a–3. In complying with 2. Section 18(c) of the 1940 Act comply with the provisions of rule 18f– rule 11a–3 under the 1940 Act, each provides, in relevant part, that a 3 under the 1940 Act as if it were an Fund will treat an early withdrawal registered closed-end management open-end management investment charge as if it were a contingent deferred investment company may not issue or company. sales load (a ‘‘CDSL’’).7 sell any senior security which is a stock 12. Applicants state that the Initial 15. Applicants state that the Initial if immediately thereafter the company Fund does not intend to offer any Fund does not currently, nor does it will have outstanding more than one exchange privilege or conversion currently intend to, impose a repurchase class of senior security that is a stock. feature, but any such privilege or feature fee, but may do so in the future. If a Applicants state that the creation of introduced in the future by a Fund will Fund charges a repurchase fee, Shares of multiple classes of Shares of a Fund comply with rule 11a–1, rule 11a–3, and the Fund will be subject to a repurchase may be prohibited by section 18(c), as rule 18f–3 as if the Fund were an open- fee at a rate of no greater than two a class may have priority over another end management investment company. percent of the shareholder’s repurchase class as to payment of dividends proceeds if the interval between the date because shareholders of different classes 4 Shareholder Reports and Quarterly Portfolio of purchase of the Shares and the would pay different fees and expenses. Disclosure of Registered Management Investment 3. Section 18(i) of the 1940 Act Companies, Investment Company Act Release No. valuation date with respect to the 26372 (Feb. 27, 2004) (adopting release). repurchase of those Shares is less than generally provides that each share of 5 Disclosure of Breakpoint Discounts by Mutual stock issued by a registered management Funds, Investment Company Act Release No. 26464 7 A CDSL, assessed by an open-end fund pursuant (June 7, 2004) (adopting release). to Rule 6c–10 under the 1940 Act, is a distribution- 8 Unlike a distribution-related charge, the 6 Fund of Funds Investments, Investment related charge payable to the distributor. Pursuant repurchase fee is payable to the Fund to Company Act Release Nos. 26198 (Oct. 1, 2003) to the requested order, the early withdrawal charge compensate long-term shareholders for the (proposing release) and 27399 (June 20, 2006) will likewise be a distribution-related charge expenses related to shorter-term investors, in light (adopting release). See also rules 12d1–1, et seq. payable to the distributor. (which is payable to a of the Fund’s generally longer-term investment under the 1940 Act. Fund) horizons and investment operations.
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investment company will be a voting shares at net asset value at periodic affiliated person of a registered stock and have equal voting rights with intervals pursuant to a fundamental investment company, or an affiliated every other outstanding voting stock. policy of the interval fund. Rule 23c– person of such person, acting as Applicants state that permitting 3(b)(1) under the 1940 Act permits an principal, from participating in or multiple classes of Shares of a Fund interval fund to deduct from repurchase effecting any transaction in connection may violate section 18(i) of the 1940 Act proceeds only a repurchase fee, not to with any joint enterprise or other joint because each class would be entitled to exceed two percent of the proceeds, that arrangement in which the investment exclusive voting rights with respect to is paid to the interval fund and is company participates unless the matters solely related to that class. reasonably intended to compensate the Commission issues an order permitting 4. Section 6(c) of the 1940 Act fund for expenses directly related to the the transaction. In reviewing provides that the Commission may repurchase. applications submitted under section exempt any person, security, or 3. Section 23(c)(3) of the 1940 Act 17(d) and rule 17d–1, the Commission transaction, or any class or classes of provides that the Commission may issue persons, securities, or transactions, from an order that would permit a closed-end considers whether the participation of any provision of the 1940 Act, or from management investment company to the investment company in a joint any rule or regulation under the 1940 repurchase its shares in circumstances enterprise or joint arrangement is Act, if and to the extent that such in which the repurchase is made in a consistent with the provisions, policies, exemption is necessary or appropriate manner or on a basis that does not and purposes of the 1940 Act, and the in the public interest and consistent unfairly discriminate against any extent to which the participation is on with the protection of investors and the holders of the class or classes of a basis different from or less purposes fairly intended by the policy securities to be purchased. advantageous than that of other and provisions of the 1940 Act. 4. Applicants request relief under participants. Applicants request an exemption under section 6(c), discussed above, and 2. Rule 17d–3 under the 1940 Act section 6(c) from sections 18(a)(2), 18(c), section 23(c)(3) from rule 23c–3 to the provides an exemption from section and 18(i) to permit the Funds to issue extent necessary for each Fund to 17(d) and rule 17d–1 to permit open- multiple classes of Shares. impose early withdrawal charges on end management investment companies 5. Applicants submit that the shares of the Fund submitted for to enter into distribution arrangements proposed allocation of expenses relating repurchase that have been held for less pursuant to rule 12b–1 under the 1940 to distribution and voting rights is than a specified period. Act. Applicants request an order equitable and will not discriminate 5. Applicants state that the early against any group or class of withdrawal charges they may seek intend pursuant to section 17(d) of the 1940 shareholders. Applicants submit that to impose are functionally similar to Act and rule 17d–1 thereunder to the the proposed arrangements would CDSLs imposed by open-end extent necessary to permit each Fund to permit each Fund to facilitate the management investment companies impose asset-based service and/or distribution of its Shares and provide under rule 6c–10 under the 1940 Act. distribution fees (in a manner similar to investors with a broader choice of Rule 6c–10 permits open-end rule 12b–1 fees for an open-end shareholder options. Applicants assert management investment companies to management investment company). that the proposed closed-end impose CDSLs, subject to certain Applicants have agreed to comply with management investment company conditions. Applicants note that rule rules 12b–1 and 17d–3 as if those rules multiple class structure does not raise 6c–10 is grounded in policy apply to closed-end management the concerns underlying section 18 of considerations supporting the investment companies, which they the 1940 Act to any greater degree than employment of CDSLs where there are believe will resolve any concerns that open-end management investment adequate safeguards for the investor. might arise in connection with a Fund companies’ multiple class structures Applicants state that these same policy financing the distribution of its Shares that are permitted by rule 18f–3 under considerations support imposition of through asset-based service and/or the 1940 Act. Applicants state that each early withdrawal charges in the interval distribution fees. Fund will comply with the provisions of fund context, and are a solid basis for For the reasons stated above, rule 18f–3 as if it were an open-end the Commission to grant exemptive applicants submit that the exemptions management investment company. relief to permit interval funds to impose requested under section 6(c) are early withdrawal charges. In addition, Early Withdrawal Charges necessary and appropriate in the public applicants state that early withdrawal interest and are consistent with the 1. Section 23(c) of the 1940 Act charges may be necessary for the Fund’s protection of investors and the purposes provides, in relevant part, that no Distributor to recover distribution costs fairly intended by the policy and registered closed-end management from shareholders who exit their provisions of the 1940 Act. Applicants investment company shall purchase investments early. Applicants represent further submit that the relief requested securities of which it is the issuer, that any early withdrawal charge pursuant to section 23(c)(3) will be except: (a) On a securities exchange or imposed by a Fund will comply with other open market; (b) pursuant to rule 6c–10 under the 1940 Act as if the consistent with the protection of tenders, after reasonable opportunity to rule were applicable to closed-end investors and will insure that applicants submit tenders given to all holders of management investment companies. do not unfairly discriminate against any securities of the class to be purchased; Each Fund will disclose early holders of the class of securities to be or (c) under other circumstances as the withdrawal charges in accordance with purchased. Finally, applicants state that Commission may permit by rules and the requirements of Form N–1A the Funds’ imposition of asset-based regulations or orders for the protection concerning CDSLs. service and/or distribution fees is of investors. consistent with the provisions, policies, 2. Rule 23c–3 under the 1940 Act Asset-Based Service and/or Distribution and purposes of the 1940 Act and does permits an interval fund to make Fees not involve participation on a basis repurchase offers of between five and 1. Section 17(d) of the 1940 Act and different from or less advantageous than twenty-five percent of its outstanding rule 17d–1 thereunder prohibit an that of other participants.
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Applicants’ Condition record preservation requirements for ability to comply with their statutory Applicants agree that any order ATSs. Rule 303 also describes how such obligations, provide for the protection of granting the requested relief will be records must be maintained, what investors, and promote the maintenance subject to the following condition: entities may perform this function, and of fair and orderly markets. Respondents Each Fund relying on the requested how long records must be preserved. consist of ATSs that choose to register Under Rule 303, ATSs are required to as broker-dealers and comply with the order will comply with the provisions of preserve all records made pursuant to requirements of Regulation ATS. rules 6c–10, 12b–1, 17d–3, 18f–3, 22d– Rule 302, which includes information There are currently 94 respondents. 1 and, where applicable, 11a–3 under relating to subscribers, trading The Commission believes that the the 1940 Act, as amended from time to summaries, and time-sequenced order average ongoing hourly burden for a time or replaced, as if those rules information. Rule 303 also requires respondent to comply with the baseline applied to closed-end management ATSs to preserve any notices provided record preservation requirements under investment companies, and will comply to subscribers, including, but not Rule 303 is approximately 15 hours per with FINRA Rule 2341, as amended limited to, notices regarding the ATSs year. We thus estimate that the average from time to time, as if that rule applies operations and subscriber access. For an aggregate ongoing burden to comply to all closed-end management ATS subject to the fair access with the baseline Rule 303 record investment companies. requirements described in Rule preservation requirements is For the Commission, by the Division of 301(b)(5)(ii) of Regulation ATS, Rule approximately 1,410 hours per year (94 Investment Management, under delegated 303 further requires the ATS to preserve ATSs × 15 hours = 1,410 hours). In authority. at least one copy of its standards for addition, there are currently two ATSs J. Matthew DeLesDernier, access to trading, all documents relevant that transact in both NMS stock and Assistant Secretary. to the ATS’s decision to grant, deny, or non-NMS stock on their ATSs. These [FR Doc. 2021–14261 Filed 7–2–21; 8:45 am] limit access to any person, and all other two ATSs have a slightly greater burden BILLING CODE 8011–01–P documents made or received by the ATS because they have to keep both Form in the course of complying with Rule ATS and Form ATS–N and related 301(b)(5) of Regulation ATS. For an ATS documents (e.g., amendments). For SECURITIES AND EXCHANGE subject to the capacity, integrity, and these two ATS’s, we estimate that the COMMISSION security requirements for automated ongoing burden above the current systems under Rule 301(b)(6) of baseline estimate for preserving records [SEC File No. 270–450, OMB Control No. Regulation ATS, Rule 303 requires an will be approximately 1 hour annually 3235–0505] ATS to preserve all documents made or per ATS for a total annual burden above Proposed Collection; Comment received by the ATS related to its the current baseline burden estimate of Request compliance, including all 2 hours for all respondents. Thus, the correspondence, memoranda, papers, estimated average annual aggregate Upon Written Request, Copies Available books, notices, accounts, reports, test burden for alternative trading systems to From: Securities and Exchange scripts, test results, and other similar comply with Rule 303 is approximately Commission, Office of FOIA Services, records. Rule 303(a)(1)(v) of Regulation 1,412 hours (1,410 hours + 2 hours). 100 F Street NE, Washington, DC ATS requires every ATS to preserve the Written comments are invited on: (a) 20549–2736 written safeguards and written Whether the proposed collection of information is necessary for the proper Extension: procedures mandated under Rule Rule 303 of Regulation ATS 301(b)(10). As provided in Rule performance of the functions of the 303(a)(1), ATSs are required to keep all Commission, including whether the Notice is hereby given that pursuant of these records, as applicable, for a information shall have practical utility; to the Paperwork Reduction Act of 1995 period of at least three years, the first (b) the accuracy of the Commission’s (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the two in an easily accessible place. In estimates of the burden of the proposed Securities and Exchange Commission addition, Rule 303 requires ATSs to collection of information; (c) ways to (‘‘Commission’’) is soliciting comments preserve records of partnership articles, enhance the quality, utility, and clarity on the existing collection of information articles of incorporation or charter, of the information collected; and (d) provided for in Rule 303 of Regulation minute books, stock certificate books, ways to minimize the burden of the ATS (17 CFR 242.303) under the copies of reports filed pursuant to Rule collection of information on Securities Exchange Act of 1934 (15 301(b)(2) and Rule 304, and records respondents, including through the use U.S.C. 78a et seq.) (‘‘Exchange Act’’). made pursuant to Rule 301(b)(5) for the of automated collection techniques or The Commission plans to submit this life of the ATS. ATSs that trade both other forms of information technology. existing collection of information to the NMS Stock and securities other than Consideration will be given to Office of Management and Budget NMS Stock are required to file, and also comments and suggestions submitted in (‘‘OMB’’) for extension and approval. preserve under Rule 303, both Form writing within 60 days of this Regulation ATS sets forth a regulatory ATS and related amendments and Form publication. regime for ‘‘alternative trading systems’’ ATS–N and related amendments. An agency may not conduct or (‘‘ATSs’’), which are entities that carry The information contained in the sponsor, and a person is not required to out exchange functions but are not records required to be preserved by Rule respond to, a collection of information required to register as national securities 303 will be used by examiners and other under the PRA unless it displays a exchanges under the Act. In lieu of representatives of the Commission, state currently valid OMB control number. exchange registration, an ATS can securities regulatory authorities, and the Please direct your written comments instead opt to register with the self-regulatory organizations to ensure to: David Bottom, Director/Chief Commission as a broker-dealer and, as that ATSs are in compliance with Information Officer, Securities and a condition to not having to register as Regulation ATS as well as other Exchange Commission, c/o Cynthia an exchange, must instead comply with applicable rules and regulations. Roscoe, 100 F Street NE, Washington, Regulation ATS. Rule 303 of Regulation Without the data required by the Rule, DC 20549, or send an email to: PRA_ ATS (17 CFR 242.303) describes the regulators would be limited in their [email protected].
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Dated: June 29, 2021. SMALL BUSINESS ADMINISTRATION The number assigned to this disaster J. Matthew DeLesDernier, for physical damage is 17005 U and for Assistant Secretary. [Disaster Declaration #17005 and #17006; economic injury is 17006 0. FLORIDA Disaster Number FL–00167] [FR Doc. 2021–14263 Filed 7–2–21; 8:45 am] The State which received an EIDL Declaration # is Florida. BILLING CODE 8011–01–P Administrative Declaration of a Disaster for the State of Florida (Catalog of Federal Domestic Assistance Number 59008) SECURITIES AND EXCHANGE AGENCY: U.S. Small Business Isabella Guzman, COMMISSION Administration. Administrator. ACTION: Notice. Sunshine Act Meetings [FR Doc. 2021–14305 Filed 7–2–21; 8:45 am] SUMMARY: This is a notice of an BILLING CODE 8026–03–P TIME AND DATE: 2 p.m. on Thursday, July Administrative declaration of a disaster 8, 2021. for the State of FLORIDA dated 06/29/ PLACE: The meeting will be held via 2021. SMALL BUSINESS ADMINISTRATION remote means and/or at the Incident: Surfside Building Collapse. Reporting and Recordkeeping Commission’s headquarters, 100 F Incident Period: 06/24/2021. Street NE, Washington, DC 20549. Requirements Under OMB Review DATES: Issued on 06/29/2021. STATUS: This meeting will be closed to Physical Loan Application Deadline AGENCY: Small Business Administration. the public. Date: 08/30/2021. ACTION: 30-Day notice. MATTERS TO BE CONSIDERED: Economic Injury (EIDL) Loan Commissioners, Counsel to the Application Deadline Date: 03/29/2022. SUMMARY: The Small Business Commissioners, the Secretary to the Administration (SBA) is seeking ADDRESSES: Submit completed loan Commission, and recording secretaries approval from the Office of Management applications to: U.S. Small Business will attend the closed meeting. Certain and Budget (OMB) for the information Administration, Processing and staff members who have an interest in collection described below. In Disbursement Center, 14925 Kingsport the matters also may be present. accordance with the Paperwork Road, Fort Worth, TX 76155. In the event that the time, date, or Reduction Act and OMB procedures, location of this meeting changes, an FOR FURTHER INFORMATION CONTACT: A. SBA is publishing this notice to allow announcement of the change, along with Escobar, Office of Disaster Assistance, all interested member of the public an the new time, date, and/or place of the U.S. Small Business Administration, additional 30 days to provide comments meeting will be posted on the 409 3rd Street SW, Suite 6050, on the proposed collection of Commission’s website at https:// Washington, DC 20416, (202) 205–6734. information. www.sec.gov. SUPPLEMENTARY INFORMATION: Notice is DATES: Submit comments on or before The General Counsel of the hereby given that as a result of the August 5, 2021. Commission, or his designee, has Administrator’s disaster declaration, certified that, in his opinion, one or applications for disaster loans may be ADDRESSES: Written comments and more of the exemptions set forth in 5 filed at the address listed above or other recommendations for this information U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) locally announced locations. collection request should be sent within and (10) and 17 CFR 200.402(a)(3), The following areas have been 30 days of publication of this notice to (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and determined to be adversely affected by www.reginfo.gov/public/do/PRAMain. (a)(10), permit consideration of the the disaster: Find this particular information scheduled matters at the closed meeting. Primary Counties: Miami-Dade. collection request by selecting ‘‘Small The subject matter of the closed Contiguous Counties: Business Administration’’; ‘‘Currently meeting will consist of the following Florida: Broward, Collier, Monroe. Under Review,’’ then select the ‘‘Only topics: The Interest Rates are: Show ICR for Public Comment’’ Institution and settlement of checkbox. This information collection injunctive actions; Percent can be identified by title and/or OMB Institution and settlement of Control Number. administrative proceedings; For Physical Damage: FOR FURTHER INFORMATION CONTACT: You Resolution of litigation claims; and Homeowners with Credit Avail- may obtain a copy of the information Other matters relating to examinations able Elsewhere ...... 3.250 collection and supporting documents Homeowners without Credit and enforcement proceedings. from the Agency Clearance Office at At times, changes in Commission Available Elsewhere ...... 1.625 [email protected]; (202) 205–7030, or priorities require alterations in the Businesses with Credit Avail- from www.reginfo.gov/public/do/ scheduling of meeting agenda items that able Elsewhere ...... 5.760 Businesses without Credit PRAMain. may consist of adjudicatory, Available Elsewhere ...... 2.880 SUPPLEMENTARY INFORMATION: As examination, litigation, or regulatory Non-Profit Organizations with matters. Credit Available Elsewhere ... 2.000 authorized by the Coronavirus CONTACT PERSON FOR MORE INFORMATION: Non-Profit Organizations with- Preparedness and Response For further information; please contact out Credit Available Else- Supplemental Appropriations Act, Vanessa A. Countryman from the Office where ...... 2.000 2020, the Coronavirus Aid, Relief, and of the Secretary at (202) 551–5400. For Economic Injury: Economic Security Act (CARES Act), Businesses & Small Agricultural the Paycheck Protection Program and Dated: July 1, 2021. Cooperatives without Credit Health Care Enhancement Act, and the Vanessa A. Countryman, Available Elsewhere ...... 2.880 new Economic Aid to Hard-Hit Small Secretary. Non-Profit Organizations with- Businesses, Nonprofits, and Venues Act, out Credit Available Else- [FR Doc. 2021–14427 Filed 7–1–21; 11:15 am] where ...... 2.000 the Small Business Administration BILLING CODE 8011–01–P (SBA) has been providing COVID–19
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Economic Injury Disaster Loans to Estimated Annual Responses: 60,000. to Chapter 4 under the quantities provide working capital for small Estimated Annual Hour Burden: allocated to ‘other countries or areas.’ businesses, private nonprofits, and 15,000. Further, to recognize the departure of small agricultural enterprises who the UK from the EU, as well as the 2013 Curtis Rich, suffered substantial economic injury as accession of Croatia to the EU, the U.S. a result of the Coronavirus pandemic Management Analyst. Trade Representative has modified the and Paycheck Protection Program (PPP) [FR Doc. 2021–14307 Filed 7–2–21; 8:45 am] definition of the ‘EU 27’ as set out in loans to help small businesses retain BILLING CODE 8026–03–P Note 2 to Chapter 4 to exclude the UK their employees during the economic and to include Croatia. The U.S. Trade downturn caused by the pandemic as Representative also has modified the well as to help businesses cover a OFFICE OF THE UNITED STATES countries listed in the parenthetical portion of their standard operating TRADE REPRESENTATIVE definition as part of the European expenses during the pandemic. SBA has Community in Note 5(a) of Chapter 24 received more than 18 million loan Modification of U.S. Tariff-Rate Quotas to exclude the UK and listed the UK as applications and more than 10 million and the Harmonized Tariff Schedule of a separate country in this note. PPP loan applications, and a small the United States Section 404(d)(3) of the Uruguay Round Agreements Act (URAA) (19 percentage of those applications may be AGENCY: Office of the United States U.S.C. 3601(d)(3)) authorizes the a result of identity theft. In an effort to Trade Representative. ensure SBA is taking the appropriate President to allocate the in-quota ACTION: Notice. action for individuals who have quantity of a TRQ for any agricultural indicated they have been the victim of SUMMARY: The U.S. Trade product among supplying countries or identity theft, the individual will need Representative is modifying the customs areas and to modify any to provide an affidavit to SBA indicating Harmonized Tariff Schedule of the allocation as determined appropriate by no involvement in the filing of the loan United States (HTSUS) to divide certain the President. Section 604 of the Trade application, and that they did not U.S. tariff-rate quotas (TRQs) currently Act of 1974, as amended (Trade Act) (19 receive or have knowledge of who allocated to the European Union (EU), U.S.C. 2483), authorizes the President to received the loan funds. The between the EU and the United embody in the HTSUS the substance of information will be collected from those Kingdom (UK). the relevant provisions of that Act, and of other acts affecting import treatment, individuals (or their representative) DATES: The changes made by this notice who, without their knowledge or are applicable as of January 1, 2022. and actions thereunder, including the removal, modification, continuance, or authorization, had an application FOR FURTHER INFORMATION CONTACT: imposition of any rate of duty or other submitted to SBA utilizing their Roger A. Wentzel, Office of Agricultural personal information. SBA will review _ import restriction. Affairs, at 202–395–5124, or Roger In paragraph (3) of Proclamation 6763 the information contained in the [email protected]. affidavit to determine whether there was of December 23, 1994, the President SUPPLEMENTARY INFORMATION: On identity theft involved, and if so, SBA delegated this authority under section October 17, 2019, the UK and EU agreed will take the necessary steps to stop all 404(d)(3) of the URAA to the U.S. Trade to the withdrawal of the UK from the EU billing statements, release any UCC Representative. In paragraph (2) of and the European Atomic Energy Security filings, and to ensure that loan Proclamation 6914 of August 26, 1996, Community (Withdrawal Agreement). information will not be publicly the President determined that it is As part of the Withdrawal Agreement, reported in the name of the identity appropriate to authorize the U.S. Trade the UK and EU agreed to a transition theft victim. In addition, this affidavit Representative to exercise the authority period, which ended on December 31, will be provided to the Office of under section 604 of the Trade Act to 2020. Inspector General and other embody in the HTSUS the substance of For 2021, the U.S. Trade enforcement agencies in any legal action any action taken by the USTR under Representative determined that the UK going forward. The SBA requested and section 404(d)(3) of the URAA. would continue to be eligible to export received emergency approval under 5 under U.S. TRQs allocated to the EU Modification of the HTSUS CFR 1320.13 for this information under Additional U.S. Notes 6, 16 to 23, collection. Effective with respect to articles and 25 to Chapter 4 and Additional U.S. entered for consumption, or withdrawn Solicitation of Public Comments Note 5(a) to Chapter 24 of the from warehouse for consumption, on or Comments may be submitted on (a) Harmonized Tariff Schedule of the after January 1, 2022: whether the collection of information is United States (HTSUS). See Information 1. Additional U.S. Note 2 to Chapter necessary for the agency to properly on 2021 Tariff-Rate Quotas for Exports 4 of the HTSUS is modified by: (a) perform its functions; (b) whether the From the United Kingdom (86 FR 8676). Inserting ‘‘Croatia,’’ into the list of burden estimates are accurate; (c) Beginning in 2022, the U.S. Trade countries in alphabetical order; and (b) whether there are ways to minimize the Representative has decided to divide the deleting ‘‘the Slovak Republic, Sweden burden, including through the use of TRQs allocated to the EU under or the United Kingdom’’ and inserting automated techniques or other forms of Additional U.S. Notes 6 and 16 to 18 to ‘‘the Slovak Republic or Sweden’’ in information technology; and (d) whether Chapter 4 and Additional U.S. Note 5(a) lieu thereof. there are ways to enhance the quality, to Chapter 24 of the HTSUS between the 2. Additional U.S. Note 16 to Chapter utility, and clarity of the information. EU and the UK according to the average 4 of the HTSUS is modified by: (a) OMB Control Number: 3245–0418. percentage of in-quota imports for the Inserting ‘‘United Kingdom’’ into the list Title: Declaration of Identify Theft. 2013–2015 period and has determined of countries in alphabetical order; (b) SBA Form Number: SBA Form 3513. that the UK will have access to a inserting a quota quantity of Description of Respondents: SBA specific in-quota quantity under these ‘‘2,213,374’’ in the Quantity (kg) column Loan Applicants. notes. The UK otherwise will be eligible for the United Kingdom; (c) deleting the Estimated Number of Respondents: to export under U.S. TRQs for quantity ‘‘27,846,224’’ in the Quantity 60,000. Additional U.S. Notes 19 to 23 and 25 (kg) column for the EU27; and (d)
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inserting ‘‘25,632,850’’ in the Quantity have access to a quantity of not less than enrollment of qualified vessels in the (kg) column for the EU27 in lieu thereof. 82,099 kilograms. Maritime Security Program Fleet. Applications and amendments are used 3. Additional U.S. Note 17 to Chapter Nora Todd, 4 of the HTSUS is modified by: (a) to select vessels for the fleet. Periodic Chief of Staff, Office of the United States reporting is used to monitor adherence Inserting ‘‘United Kingdom’’ into the list Trade Representative. of contractors to program parameters. of countries in alphabetical order; (b) [FR Doc. 2021–14344 Filed 7–2–21; 8:45 am] Respondents: Vessel Operators. inserting a quota quantity of ‘‘23,617’’ in BILLING CODE 3290–F1–P Affected Public: Business or other for the Quantity (kg) column for the United profit. Kingdom; (c) deleting the quantity Total Estimated Number of ‘‘2,829,000’’ in the Quantity (kg) column DEPARTMENT OF TRANSPORTATION Responses: 212. for the EU27; and (d) inserting Frequency of Collection: Monthly/ ‘‘2,805,383’’ in the Quantity (kg) column Maritime Administration Annually. for the EU27 in lieu thereof. [Docket No. MARAD–2021–0124] Estimated Time per Respondent: 1–6 4. Additional U.S. Note 18 to Chapter hours. 4 of the HTSUS is modified by: (a) Request for Comments of a Previously Total Estimated Number of Annual Inserting ‘‘United Kingdom’’ into the list Approved Information Collection: Burden Hours: 308. of countries in alphabetical order; (b) Application and Reporting Elements Public Comments Invited: Comments inserting a quota quantity of ‘‘895,948’’ for Participation in the Maritime are invited on: Whether the proposed in the Quantity (kg) column for the Security Program collection of information is necessary for the proper performance of the United Kingdom; (c) deleting the AGENCY: Maritime Administration, DOT. quantity ‘‘1,313,000’’ in the Quantity functions of the Department, including ACTION: Notice and request for whether the information will have (kg) column for the EU27; and (d) comments. practical utility; the accuracy of the inserting ‘‘417,052’’ in the Quantity (kg) Department’s estimate of the burden of SUMMARY: In compliance with the column for the EU27 in lieu thereof. the proposed information collection; Paperwork Reduction Act of 1995, this 5. Additional U.S. Note 5(a) to ways to enhance the quality, utility and notice announces that the Information Chapter 24 of the HTSUS is modified clarity of the information to be Collection Request (ICR) abstracted by: (a) Deleting ‘‘Spain, Sweden, and the collected; and ways to minimize the below is being forwarded to the Office United Kingdom’’ and inserting ‘‘Spain, burden of the collection of information of Management and Budget (OMB) for on respondents, including the use of and Sweden’’ in lieu thereof; (b) review and comments. A Federal automated collection techniques or inserting ‘‘United Kingdom’’ in the list Register Notice with a 60-day comment other forms of information technology. of countries in alphabetical order; (c) period soliciting comments on the inserting a quota quantity of ‘‘44’’ in the following information collection was (Authority: The Paperwork Reduction Act of Quantity (metric tons) column for the published on April 7, 2021. 1995; 44 U.S.C. Chapter 35, as amended; and United Kingdom; (d) deleting the 49 CFR 1.93) DATES: Comments must be submitted on quantity ‘‘10,000’’ in the Quantity or before August 5, 2021. * * * * * (metric tons) column for the EU27; and ADDRESSES: Written comments and By Order of the Acting Maritime (e) inserting the quantity ‘‘9,956’’ in the recommendations for the proposed Administrator. Quantity (metric tons) column for the information collection should be sent T. Mitchell Hudson, Jr., EU27 in lieu thereof. within 30 days of publication of this Secretary, Maritime Administration. Modification of the TRQ Allocation for notice to www.reginfo.gov/public/do/ [FR Doc. 2021–14321 Filed 7–2–21; 8:45 am] Butter and Fresh or Sour Cream PRAMain. Find this particular BILLING CODE 4910–81–P Containing Over 45 Percent by Weight information collection by selecting of Butterfat ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the DEPARTMENT OF TRANSPORTATION The U.S. Department of Agriculture search function. Maritime Administration annually publishes in the Federal FOR FURTHER INFORMATION CONTACT: Register the country allocations for Rhonda Davis, 202–366–6379, Office of [Docket No. MARAD–2021–0121] Additional U.S. Note 6 to Chapter 4 in Sealift Support, Maritime Appendices 1 and 2, pursuant to the Administration, U.S. Department of Request for Comments of a Previously Dairy Tariff-Rate Quota Import Transportation, 1200 New Jersey Approved Information Collection: Licensing Regulation, 7 CFR part 6. Avenue SE, Room W23–343, Center of Excellence for Domestic With respect to the published in-quota Washington, DC 20590. Maritime Workforce Training and Education Annual Applications for quantity of 96,161 kilograms allocated SUPPLEMENTARY INFORMATION: Designation to the EU 27 for the TRQ in Additional Title: Application and Reporting U.S. Note 6 to Chapter 4 of the HTSUS, Elements for Participation in the AGENCY: Maritime Administration, DOT. the U.S. Trade Representative has Maritime Security Program. ACTION: Notice and request for determined that, effective with respect OMB Control Number: 2133–0525. comments. to articles entered, or withdrawn from Type of Request: Renewal of a warehouse for consumption, on or after Previously Approved Information SUMMARY: In compliance with the January 1, 2022, the UK shall have Collection. Paperwork Reduction Act of 1995, this access to a quantity of not less than Background: The Maritime Security notice announces that the Information 14,062 kilograms and the EU 27 shall Act of 2003 extended under Section Collection Request (ICR) abstracted 3508 of the National Defense below is being forwarded to the Office Authorization Act for Fiscal Year 2013, of Management and Budget (OMB) for Public Law 112–239 provides for the review and comments. A Federal
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Register Notice with a 60-day comment locations are eligible to apply for CoE Register Notice with a 60-day comment period soliciting comments on the designation. Additionally, only period soliciting comments on the following information collection was ‘‘Maritime Training Centers’’ with a following information collection was published on April 7, 2021. maritime training program in operation published on April 7, 2021. DATES: Comments must be submitted on on 12 December 2017 are eligible under DATES: Comments must be submitted on or before August 5, 2021. the statute. or before August 5, 2021. ADDRESSES: Written comments and Affected Public: Community Colleges, Technical Colleges and Maritime ADDRESSES: Written comments and recommendations for the proposed recommendations for the proposed information collection should be sent Training Centers. Total Estimated Number of information collection should be sent within 30 days of publication of this within 30 days of publication of this notice to www.reginfo.gov/public/do/ Responses: 100. Frequency of Collection: Annually. notice to www.reginfo.gov/public/do/ PRAMain. Find this particular Estimated time per Respondent: 48 PRAMain. Find this particular information collection by selecting hrs. information collection by selecting ‘‘Currently under 30-day Review—Open Total Estimated Number of Annual ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the Burden Hours: 4,800. for Public Comments’’ or by using the search function. Public Comments Invited: Comments search function. FOR FURTHER INFORMATION CONTACT: are invited on: Whether the proposed FOR FURTHER INFORMATION CONTACT: Gerard Wall, Maritime Administration, collection of information is necessary Daniel Ladd, 202–366–1859, Office of at [email protected] or at 202–366– for the proper performance of the Financial Approvals, Maritime 7273. You may send mail to Gerard functions of the Department, including Administration, U.S. Department of Wall, Centers of Excellence Program whether the information will have Transportation, 1200 New Jersey Manager, Room W23–470, Maritime practical utility; the accuracy of the Avenue SE, Washington, DC, 20590. Administration, U.S. Department of Department’s estimate of the burden of Transportation, 1200 New Jersey the proposed information collection; SUPPLEMENTARY INFORMATION: Avenue SE, Washington, DC 20590. ways to enhance the quality, utility and Title: Application for Construction SUPPLEMENTARY INFORMATION: clarity of the information to be Reserve Fund (CRF) and Annual Title: Center of Excellence for collected; and ways to minimize the Statements. Domestic Maritime Workforce Training burden of the collection of information OMB Control Number: 2133–0032. and Education Annual Applications for on respondents, including the use of Type of Request: Renewal of a Designation. automated collection techniques or previously approved collection. OMB Control Number: 2133–0549. other forms of information technology. Background: The Construction Type of Request: Renewal of a (Authority: The Paperwork Reduction Act of Reserve Fund (CRF), authorized by 46 Previously Approved Information 1995; 44 U.S.C. Chapter 35, as amended; and U.S.C. chapter 533, is a financial Collection. 49 CFR 1.93) assistance program which provides tax Background: To implement Section deferral benefits to U.S.-flag operators. 3507 of the National Defense By Order of the Acting Maritime Administrator. Eligible parties can defer the gain Authorization Act of 2018, Public Law attributable to the sale or loss of a 115–91 (the ‘‘Act’’), codified at 46 T. Mitchell Hudson, Jr., Secretary, Maritime Administration. vessel, provided the proceeds are used U.S.C. 51705 (previously designated as to expand or modernize the U.S. [FR Doc. 2021–14324 Filed 7–2–21; 8:45 am] 46 U.S.C. 54102), MARAD developed a merchant fleet. The primary purpose of procedure to recommend to the BILLING CODE 4910–81–P the CRF is to promote the construction, Secretary the designation of eligible reconstruction, reconditioning, or institutions as Centers of Excellence for DEPARTMENT OF TRANSPORTATION acquisition of merchant vessels which Domestic Maritime Workforce Training are necessary for national defense and to and Education (CoE). Pursuant to the Maritime Administration the development of U.S. commerce. Act, the Secretary of Transportation may Respondents: Citizens who own or [Docket No. MARAD–2021–0123] designate certain eligible and qualified operate vessels in the U.S. foreign or training entities as CoEs and may domestic commerce who desire tax subsequently execute Cooperative Request for Comments of a Previously Approved Information Collection: benefits under the CRF program must Agreements with CoE designees. respond. Authority to administer the CoE Application for Construction Reserve Affected Public: Owners or operators program is delegated to MARAD in 49 Fund and Annual Statements (CRF) of vessels in the domestic or foreign CFR 1.93(a). The previously approved AGENCY: Maritime Administration, DOT. commerce. policy for collecting information is ACTION: Notice and request for Estimated Number of Respondents: required to administer the Center of comments. Excellence program which supports the 17. DOT strategic goal of Economic SUMMARY: In compliance with the Total Estimated Number of Competitiveness, and the MARAD Paperwork Reduction Act of 1995, this Responses: 17. strategic goal to Maintain and notice announces that the Information Frequency of Response: Annually. Modernize the Maritime workforce. Collection Request (ICR) abstracted Estimated time per Respondent: 9 Respondents: ‘‘Community Colleges below is being forwarded to the Office Hours. or Technical Colleges’’ and ‘‘Maritime of Management and Budget (OMB) for Total Estimated Number of Annual Training Centers’’ in certain eligible review and comments. A Federal Burden Hours: 153.
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Public Comments Invited: Comments clarity of the information to be By Order of the Acting Maritime are invited on: Whether the proposed collected; and ways to minimize the Administrator. collection of information is necessary burden of the collection of information T. Mitchell Hudson, Jr. for the proper performance of the on respondents, including the use of Secretary, Maritime Administration. functions of the Department, including automated collection techniques or [FR Doc. 2021–14323 Filed 7–2–21; 8:45 am] whether the information will have other forms of information technology. BILLING CODE 4910–81–P practical utility; the accuracy of the (Authority: The Paperwork Reduction Act of Department’s estimate of the burden of 1995; 44 U.S.C. Chapter 35, as amended; and the proposed information collection; 49 CFR 1.93) ways to enhance the quality, utility and * * * * *
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Vol. 86 Tuesday, No. 126 July 6, 2021
Part II
Department of Homeland Security
U.S. Customs and Border Protection
Department of the Treasury
19 CFR Parts 10, 102, 132, et al. Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Implementing Regulations Related to the Marking Rules, Tariff-Rate Quotas, and Other USMCA Provisions; Interim Final Rule
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DEPARTMENT OF HOMELAND drawback provisions. Concurrently with that relate to the economic, SECURITY this interim final rule, CBP is publishing environmental, or federalism effects that a notice of proposed rulemaking that might result from this interim final rule. U.S. Customs and Border Protection proposes to apply the rules for all non- Comments that will provide the most preferential origin determinations made assistance to CBP will reference a DEPARTMENT OF THE TREASURY by CBP for goods imported from Canada specific portion of the interim final rule, or Mexico. CBP will also issue explain the reason for any 19 CFR Parts 10, 102, 132, 134, 163, additional USMCA implementing recommended change, and include data, 182 and 190 regulations in an interim final rule to be information or authority that support [USCBP–2021–0026] published in the Federal Register at a such recommended change. later date. [CBP Dec. 21–10] II. Background DATES: Effective date: This interim final RIN 1515–AE56 rule is effective on July 1, 2021. On November 30, 2018, the ‘‘Protocol Comments due date: Comments must Replacing the North American Free Agreement Between the United States be received by September 7, 2021. Trade Agreement with the Agreement of America, the United Mexican States, ADDRESSES: You may submit comments, Between the United States of America, and Canada (USMCA) Implementing the United Mexican States, and Canada’’ Regulations Related to the Marking identified by docket number USCBP– 2021–0026, by one of the following (the Protocol) was signed to replace the Rules, Tariff-Rate Quotas, and Other North American Free Trade Agreement USMCA Provisions methods: • Federal eRulemaking Portal at (NAFTA). The Agreement Between the AGENCY: U.S. Customs and Border http://www.regulations.gov. Follow the United States of America, the United Protection, Department of Homeland instructions for submitting comments. Mexican States (Mexico), and Canada 1 Security; Department of the Treasury. • Mail: Due to COVID–19-related (the USMCA) is attached as an annex to the Protocol and was subsequently ACTION: Interim final rule; request for restrictions, CBP has temporarily amended to reflect certain modifications comments. suspended its ability to receive public comments by mail. and technical corrections in the SUMMARY: This interim final rule Instructions: All submissions received ‘‘Protocol of Amendment to the amends the U.S. Customs and Border must include the agency name and Agreement Between the United States of Protection (CBP) regulations to include docket number for this rulemaking. All America, the United Mexican States, implementing regulations for the comments received will be posted and Canada’’ (the Amended Protocol), preferential tariff treatment and related without change to http:// which the Office of the United States customs provisions of the Agreement www.regulations.gov, including any Trade Representative (USTR) signed on Between the United States of America, personal information provided. For December 10, 2019. the United Mexican States, and Canada detailed instructions on submitting Pursuant to section 106 of the (USMCA). The USMCA applies to goods comments and additional information Bipartisan Congressional Trade from Canada and Mexico entered for on the rulemaking process, see the Priorities and Accountability Act of consumption, or withdrawn from ‘‘Public Participation’’ heading of the 2015 (19 U.S.C. 4205) and section 151 warehouse for consumption, on or after SUPPLEMENTARY INFORMATION section of of the Trade Act of 1974 (19 U.S.C. July 1, 2020. This document amends the this document. 2191), the United States adopted the Code of Federal Regulations (CFR) to Docket: For access to the docket to USMCA through the enactment of the implement the provisions in Chapters 1, read background documents or United States-Mexico-Canada 2, 5, and 7 of the USMCA related to comments received, go to http:// Agreement Implementation Act general definitions, confidentiality, www.regulations.gov. Due to the (USMCA Act), Public Law 116–113, 134 import requirements, export relevant COVID–19-related restrictions, Stat. 11 (19 U.S.C. Chapter 29), on requirements, post-importation duty CBP has temporarily suspended on-site January 29, 2020. Section 103(a)(1)(B) of refund claims, drawback and duty- public inspection of the public the USMCA Act (19 U.S.C. 4513(b)(1)) deferral programs, general verifications comments. provides the authority for new or and determinations of origin, FOR FURTHER INFORMATION CONTACT: amended regulations to be issued to commercial samples, goods re-entered Operational Aspects and Audit implement the USMCA, as of the date after repair or alteration in Canada or Aspects: Queena Fan, Director, USMCA of its entry into force. Mexico, and penalties. This document Center, Office of Trade, U.S. Customs Mexico, Canada, and the United makes amendments to apply the and Border Protection, (202) 738–8946 States certified their preparedness to marking rules in determining the or [email protected]. implement the USMCA on December country of origin for marking purposes Legal Aspects: Craig T. Clark, 12, 2019, March 13, 2020, and April 24, for goods imported from Canada or Director, Commercial and Trade 2020, respectively. As a result, pursuant Mexico and for other purposes specified Facilitation Division, Regulations and to paragraph 2 of the Protocol, which by the USMCA. This document also Rulings, Office of Trade, U.S. Customs provides that the USMCA will take includes amendments to add the sugar- and Border Protection, (202) 325–0276 effect on the first day of the third month containing products subject to a tariff- or [email protected]. after the last signatory party provides rate quota under Appendix 2 to Annex SUPPLEMENTARY INFORMATION: written notification of the completion of 2–B of Chapter 2 of the USMCA to the the domestic implementation of the CBP regulations governing the I. Public Participation USMCA through the enactment of requirement for an export certificate, Interested persons are invited to and conforming amendments for the participate in this rulemaking by 1 The Agreement Between the United States of declaration required for goods re- submitting written data, views, or America, the United Mexican States, and Canada is the official name of the USMCA treaty. Please be entered after repair or alteration in arguments on all aspects of this interim aware that, in other contexts, the same document Canada or Mexico, recordkeeping final rule. U.S. Customs and Border is also referred to as the United States-Mexico- provisions, and the modernized Protection (CBP) also invites comments Canada Agreement.
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implementing legislation, the USMCA changes to the Uniform Regulations, as Administration and Trade Facilitation) entered into force on July 1, 2020. needed. of the USMCA and the Uniform Subsequent to the USMCA’s entry The USMCA superseded NAFTA and Regulations regarding rules of origin as into force date, on December 27, 2020, its related provisions on the USMCA’s well as the Uniform Regulations the Consolidated Appropriations Act, entry into force date. See Protocol, regarding origin procedures, pursuant to 2021 (Appropriations Act), Public Law paragraph 1. Section 601 of the USMCA Article 5.16 of the USMCA. 116–260, was enacted with Title VI of Act repealed the North American Free This IFR amends the CBP regulations the Act containing technical corrections Trade Agreement Implementation Act to implement significant portions of the to the USMCA Act. All of the changes (NAFTA Implementation Act), Public USMCA, but does not contain all contained within Title VI of the Law 103–182, 107 Stat. 2057 (19 U.S.C. relevant subparts. CBP will promulgate Appropriations Act are retroactively 3301), as of the date that the USMCA the remaining USMCA implementing effective on July 1, 2020, which is the entered into force. The NAFTA regulations and solicit public comments entry into force date of the USMCA. provisions set forth in part 181 of title at a later date. Additionally, future These changes include amending 19 of the CFR (19 CFR part 181) and in trilateral negotiations on the Uniform section 202 of the USMCA Act (19 General Note 12, Harmonized Tariff Regulations may result in additional U.S.C. 4531) to prohibit non-originating Schedule of the United States (HTSUS), provisions that must be included in the goods used in production processes continue to apply to goods entered for rulemaking process at a later date. CBP within foreign trade zones (FTZs) from consumption, or withdrawn from will address any comments received in qualifying as originating goods under warehouse for consumption, prior to a final rule published in the Federal the USMCA. See section 601(b) of Title July 1, 2020. Register. VI of the Appropriations Act. Claims for preferential tariff treatment under the USMCA may be made as of 1. Customs Related USMCA Provisions Additionally, section 601(e) of Title VI Addressed in This IFR of the Appropriations Act amended 19 July 1, 2020. On July 1, 2020, CBP Chapter 1 of the USMCA contains the U.S.C. 1520(d) to allow the refund of published an interim final rule (IFR), general definitions and country-specific merchandise processing fees for entitled ‘‘Implementation of the definitions applicable to the USMCA, USMCA post-importation claims. Agreement Between the United States of unless otherwise provided. Pursuant to Article 5.16 of the America, the United Mexican States, and Canada (USMCA) Uniform Chapter 2 of the USMCA sets forth the USMCA, the United States, Mexico, and national treatment and market access Canada trilaterally negotiated and Regulations Regarding Rules of Origin,’’ in the Federal Register (85 FR 39690), provisions. Unless otherwise provided, agreed to Uniform Regulations. The each USMCA country shall apply a USMCA Free Trade Commission amending part 181 and adding a new part 182 containing several USMCA customs duty on an originating good in adopted the Uniform Regulations in its accordance with its Schedule to Annex Decision No.1, effective as of the date of provisions, including the Uniform Regulations regarding rules of origin 2–B (Tariff Commitments) of Chapter 2 entry into force of the USMCA. Annex of the USMCA. See Article 2.4 of the I to that decision includes: 2 (Appendix A to part 182). In addition to • those regulations and the regulations set USMCA. Appendix 2 to Annex 2–B of The Uniform Regulations Regarding Chapter 2 of the USMCA contains the the Interpretation, Application, and forth in this document, persons intending to make USMCA preference Tariff Schedule of the United States Administration of Chapter 4 (Rules of reflecting the tariff-rate quotas that the Origin) and Related Provisions in claims may refer to the CBP website at https://www.cbp.gov/trade/priority- United States will apply to certain Chapter 6 (Textile and Apparel Goods) originating goods from Canada under (Uniform Regulations regarding rules of issues/trade-agreements/free-trade- agreements/USMCA for further the USMCA. Specifically, paragraph 15 origin), and of Appendix 2 to Annex 2–B contains • guidance, including the U.S. USMCA The Uniform Regulations Regarding the tariff-rate quota for sugar-containing the Interpretation, Application, and Implementing Instructions. The United States International Trade Commission products of Canada that necessitates an Administration of Chapters 5 (Origin amendment to the CBP regulations. Procedures), 6 (Textile and Apparel has modified the HTSUS to include the addition of a new General Note 11, Chapter 2 of the USMCA also sets forth Goods), and 7 (Customs Administration the definition of ‘‘commercial samples and Trade Facilitation) of the incorporating the USMCA rules of origin for preference purposes, and the of negligible value’’ (Article 2.1); the Agreement Between the United States of duty-free treatment of those commercial America, the United Mexican States, insertion of the special program indicator ‘‘S’’ or ‘‘S+’’ for the USMCA in samples of negligible value, subject to and Canada (Uniform Regulations certain conditions (Article 2.9); the regarding origin procedures). the HTSUS ‘‘special’’ rate of duty subcolumn.3 duty-free treatment of goods re-entered In accordance with USMCA Article after being temporarily exported to 5.16, modifications or additions to the A. The Customs Related USMCA another USMCA country for repair or Uniform Regulations shall be Provisions alteration, subject to certain exceptions considered regularly to reduce their The USMCA is composed of 34 and conditions (Article 2.8); and the complexity and to ensure better chapters along with additional side drawback and duty-deferral program compliance. To this end, further letters. CBP is responsible for provisions (Article 2.5). iterations of the Uniform Regulations administering the customs related Chapter 5 of the USMCA sets forth the may be negotiated. Part 182 of title 19 provisions contained within Chapters 1 origin procedures. Specifically, Chapter of the Code of Federal Regulations (Initial Provisions and General 5 of the USMCA contains the rules for (CFR)(19 CFR part 182) will be amended Definitions), 2 (National Treatment and making a claim for preferential tariff through rulemaking to reflect future Market Access for Goods), 4 (Rules of treatment (Article 5.2); the requirements Origin), 5 (Origin Procedures), 6 (Textile for a certification of origin (Article 5.2); 2 Available at: https://ustr.gov/trade-agreements/ the set of minimum data elements free-trade-agreements/united-states-mexico- and Apparel Goods) and 7 (Customs canada-agreement/free-trade-commission- required for a certification of origin decisions/usmca-free-trade-commission-decision- 3 The S+ indicator is used for certain agricultural (Annex 5–A); the basis of the no-1. goods and textile tariff preference levels (TPLs). certification of origin (Article 5.3); the
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importer’s obligations regarding provisions in Article 5.12, ensure the USMCA Article 6.6 site visit verification importations when claiming preferential protection of confidential information requirements and procedures will be tariff treatment (Article 5.4); the provided to a USMCA country’s addressed in a subsequent rulemaking exporter’s and producer’s obligations customs administration and prevent the to be published in the Federal Register (Article 5.6); the recordkeeping unauthorized disclosure of this at a later date. requirements for importers, exporters, information to third parties and to other A USMCA country may choose to and producers (Article 5.8); the general USMCA countries. initiate a verification, using any of these origin verification requirements and The Chapters 1, 2, 5, and 7 provisions verification means, with the importer or procedures (Article 5.9); the discussed above are reflected in this with the person who completed the determination of origin provisions IFR. certification of origin. See USMCA Article 5.9.2. If the USMCA country (Article 5.10); the right to file for 2. Customs Related Provisions initiates a verification other than with refunds and claims for preferential tariff Addressed in Previously Published IFR treatment after importation (Article the importer, it must inform the 5.11); and the confidentiality provisions Chapter 4 of the USMCA contains the importer, only for the purpose of the related to the exchange of information general rules of origin for preferential importer’s knowledge, of the initiation between USMCA countries (Article tariff treatment provisions, and Chapter of the verification. See USMCA Article 5.12). Additionally, Article 5.5 of the 6 includes the rules of origin specific to 5.9.6 and the Uniform Regulations USMCA sets forth the exceptions to the textiles and apparel goods. CBP has regarding origin procedures. certification of origin requirement. already incorporated these rules of USMCA Article 5.9 and the Uniform Pursuant to Article 5.5, a certification of origin into the CBP regulations. On July Regulations regarding origin procedures origin is not required, with some 1, 2020, CBP published an IFR in the set forth the information that must be exceptions related to evading Federal Register (85 FR 39690) to, in contained in a written request for compliance, for a claim of preferential part, add the Uniform Regulations information, questionnaire, or request tariff treatment if the value of the regarding rules of origin trilaterally for a verification visit (see USMCA importation does not exceed $1,000 U.S. agreed upon by the United States, Article 5.9.5), the requirements that a dollars or any higher amount as the Mexico, and Canada as Appendix A of USMCA country must follow during a importing USMCA country may new part 182 to title 19 of the CFR (19 verification (see USMCA Article 5.9.7(a) establish, or it is an importation of a CFR part 182). and (b)), the time that the importer, exporter, or producer has to respond to good for which the USMCA country into 3. Customs Related Provisions To Be a request for information or whose territory the good was imported Addressed in Subsequent Rulemaking questionnaire (see USMCA Article has waived the requirement for a Any additional CBP regulations 5.9.7(c)), and the time that the exporter certification of origin. Consistent with needed to implement USMCA or producer has to consent to or refuse this article, the United States has provisions will be included in a a verification visit request (see USMCA established, with the same exceptions subsequent rulemaking to be published Article 5.9.7(d)). related to evading compliance, a higher in the Federal Register at a later date. Pursuant to USMCA Article 5.9.9, importation value amount of $2,500 when a USMCA country initiates a B. Verifications and Determinations of U.S. dollars for commercial verification through a verification visit Origin importations and has waived the request, the USMCA country is required certification of origin requirement for Chapter 5 of the USMCA and the to provide a copy of the verification the entire category of non-commercial Uniform Regulations regarding origin visit request to the customs importations. procedures govern the verification and administration of the USMCA country The penalties provisions for the determination of origin requirements in whose territory the visit is to occur, USMCA are described in Chapters 5 and and procedures. Pursuant to Article and, if requested by the USMCA country 7. Article 5.13 provides that each 5.9.1 of Chapter 5 of the USMCA, a in whose territory the visit is to occur, USMCA country shall maintain USMCA country, through its customs the embassy of that USMCA country in criminal, civil, or administrative administration, may conduct a the territory of the USMCA country penalties for violations of its laws and verification to determine whether a proposing to conduct the visit. USMCA regulations related to Chapter 5 (see also good qualifies for USMCA preferential Article 5.9 contains additional Articles 5.4.2 and 5.6.3). Chapter 7 of tariff treatment by one or more of the provisions governing verification visit the USMCA generally sets forth following means: A written request or procedures, including providing the provisions related to customs questionnaire seeking information, circumstances under which the exporter administration and trade facilitation. including documents, from the or producer whose premises are to be Specifically, Article 7.18 states that each importer, exporter, or producer; a visited during the verification visit, or USMCA country shall adopt or maintain verification visit to the premises of the the customs administration of the measures that allow for the imposition exporter or producer in order to request USMCA country in whose territory the of a penalty by a USMCA country’s information, including documents, and verification visit is to occur, may customs administration for breach of its to observe the production process and postpone the verification visit. See customs laws, regulations, or procedural the related facilities; for a textile or USMCA Article 5.9.10 and 5.9.11. requirements, including those governing apparel good, the procedures set out in During a verification, there are also tariff classification, customs valuation, USMCA Article 6.6; or any other requirements that records be made transit procedures, country of origin, or procedure as may be decided by the available for inspection. USMCA Article claims for preferential tariff treatment. USMCA countries. For textile or apparel 5.8 requires that importers, exporters, Chapter 7 of the USMCA also contains goods, the verification procedures set and producers maintain certain the confidentiality provisions related to out in USMCA Article 6.6 provide an documentation and records. Pursuant to the protection of information collected alternative verification means that a the Uniform Regulations regarding from traders. The confidentiality USMCA country has the discretion to origin procedures, these records must be provisions in Article 7.22, in utilize only when conducting a textile maintained in such a manner as to combination with the confidentiality or apparel goods verification. The enable an officer of the USMCA
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country’s customs administration, when with a written determination of origin documentation required under section conducting a verification under USMCA that includes the findings of facts and 508(1) of the Tariff Act of 1930, as Article 5.9, to perform detailed the legal basis for the determination. See amended (19 U.S.C. 1508(1)); or the verifications of the documentation and USMCA Article 5.9.14. Prior to issuing importer, exporter, or producer records to verify the information on the this determination of origin, if the otherwise fails to comply with the basis of which the certification of origin USMCA country intends to deny requirements of section 207 of the was completed and the claim for USMCA preferential tariff treatment, the USMCA Act or, based on the preferential tariff treatment was made. USMCA country must inform the preponderance of the evidence, Importers, exporters, and producers that importer, and any exporter or producer circumvents the requirements of section are required to maintain records who is the subject of the verification 207 of the USMCA Act. Section pursuant to USMCA Article 5.8.1 and and provided information during the 207(c)(1) of the USMCA Act (19 U.S.C. 5.8.2 must make those records available verification, of the preliminary results of 4533(c)(1)) provides that, upon making for inspection by an officer of the the verification and a notice of intent to a negative determination, the Secretary USMCA country’s customs deny that includes when the denial may deny preferential tariff treatment administration conducting a would be effective and a period of at under the USMCA with respect to the verification, and in the case of a least 30 days for the submission of good while section 207(c)(2) of the verification visit, provide facilities for additional information, including USMCA Act (19 U.S.C. 4533(c)(2)) that inspection. documents, related to the originating allows the Secretary to withhold The Uniform Regulations regarding status of the good. See USMCA Article preferential tariff treatment for identical origin procedures also clarify that, 5.9.16. The reasons that a USMCA goods based on a pattern of conduct. where a USMCA country’s customs country may deny USMCA preferential To address these general USMCA administration is conducting a tariff treatment are set forth in USMCA verification and determination of origin verification of a good under USMCA Article 5.10.2. Additionally, in requirements and procedures, CBP has Article 5.9, the customs administration accordance with USMCA Article 5.9.17, included subpart G, Origin Verifications may conduct an origin verification of a if a verification indicates a pattern of and Determinations, in part 182 of title material that is used in the production conduct by an importer, exporter, or 19 of the CFR. of that good. The verification of that producer of false or unsupported C. Marking Rules material is expected to be conducted in representations that a good imported Section 304(a) of the Tariff Act of accordance with certain USMCA into the country’s territory qualifies as 1930, as amended (19 U.S.C. 1304), procedures. The Uniform Regulations an originating good, the USMCA provides that, unless excepted, every regarding origin procedures enumerate country may withhold preferential tariff article of foreign origin imported into the specific USMCA articles and treatment to identical goods imported, the United States shall be marked in a Uniform Regulations regarding origin exported, or produced by such person conspicuous place as legibly, indelibly, procedures paragraphs that apply to the until that person establishes compliance and permanently as the nature of the verification of materials.4 The USMCA with USMCA Chapters 4, 5, and 6. article (or container) will permit in such country’s customs administration may, Section 207(a)(1)(A) of the USMCA manner as to indicate to an ultimate during a verification of a material that Act (19 U.S.C. 4533(a)(1)(A)) provides purchaser in the United States the is used in the production of a good, the Secretary of the Treasury with the English name of the country of origin of consider the material to be non- authority to conduct a verification, the article. The regulations issued under originating in determining whether the pursuant to USMCA Article 5.9, of the authority of section 304 to good is an originating good, if the whether a good is an originating good implement the country of origin producer or supplier of that material under section 202 of the USMCA Act marking requirements are set forth in 19 does not allow the customs (19 U.S.C. 4531) or section 202A of the CFR part 134. Part 134 identifies the administration access to information USMCA Act (19 U.S.C. 4532). Section articles subject to marking, the methods required to make a determination of 207(b) of the USMCA Act (19 U.S.C. and manner of marking that should be whether the material is originating by 4533(b)(1)) sets forth the basis for a used, the exceptions to the marking denying access to its records; failing to negative determination of origin that requirements, the marking requirements respond to a verification questionnaire applies to verifications conducted under for containers or holders, and the or letter; or refusing to consent to a USMCA Chapter 5. Specifically, section procedures for articles found not legally verification visit within the required 207(b) of the USMCA Act provides that marked. time. a negative determination is a CBP employs two primary methods After the verification is conducted, determination by the Secretary that a for determining the country of origin for the USMCA country must provide the claim by the importer, exporter, or marking purposes when imported goods importer, and the exporter or producer producer that the good qualifies as an are processed in, or contain materials that completed the certification of origin originating good under 19 U.S.C. 4531 is from, more than one country. One and is the subject of the verification, inaccurate; that the good does not method uses case-by-case adjudication qualify for preferential tariff treatment to determine whether the goods have 4 See Uniform Regulations regarding origin procedures, Origin Verifications Section, paragraph under the USMCA because the importer, been substantially transformed in a 10, which states that where the customs exporter, or producer failed to respond particular country. The other method administration of a USMCA country, in conducting to a request for information or failed to consists of codified rules, also used to an origin verification of a good imported into its provide sufficient information to determine whether the goods have been territory under USMCA Article 5.9, conducts an origin verification of a material that is used in the determine that the good qualifies as an substantially transformed, primarily production of the good, the origin verification of originating good; after receipt of a expressed through a change in the that material is expected to be conducted in notification of a verification visit, the HTSUS classification, often referred to accordance with the procedures set out in: USMCA exporter or producer did not provide as a ‘‘tariff shift.’’ Article 5.9(1), (5), (7 through 11), (13), and (18); and Part 134 sets forth the country of paragraphs 3, 6, 13, 14, and 15 of the Origin written consent for the visit; the Verifications Section of the Uniform Regulations importer, exporter, or producer does not origin marking requirements and regarding origin procedures. maintain, or denies access to, records or exceptions. Section 134.1(b) defines
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‘‘country of origin’’ as the country of to 19 U.S.C. 1304 and 1624, to make procurement determinations.5 In manufacture, production, or growth of such regulations as may be necessary to addition to promoting uniformity and any article of foreign origin entering the carry out the provisions of section transparency, the NPRM will implement United States. Further work or material 304(a) of the Tariff Act of 1930, as USMCA Article 13.4.5, which provides added to an article in another country amended, related to the country of as follows: ‘‘For the purposes of covered must effect a substantial transformation origin marking requirements for procurement, a Party shall not apply in order to render such other country imported articles of foreign origin. CBP rules of origin to goods or services the ‘‘country of origin’’ within the believes that extending application of imported from or supplied from the meaning of part 134; however, for a the well-established part 102 rules to other Party that are different from the good of a NAFTA country, the marking USMCA goods will provide continuity rules of origin the Party applies at the rules set forth in part 102 of title 19 of for the Canadian and Mexican importing same time in the normal course of trade the CFR (19 CFR part 102) apply community because those rules have to imports or supplies of the same goods (although these rules have commonly been applied to all imports from Canada or services from the same Party.’’ 6 been referred to as the NAFTA Marking and Mexico since 1994. As a result of Adverse Marking Decisions Rules, they apply in other contexts as this longevity, the importing community well and are thus referred to herein as has made extensive efforts to comply Under NAFTA, an adverse marking the ‘‘part 102 rules’’).’’). The part 102 with the part 102 rules and CBP has decision is a decision by CBP which an rules are codified rules that determine significant experience in applying those exporter or producer of merchandise the country of origin for marking rules to goods from Canada and Mexico. believes to be contrary to the provisions purposes using primarily the ‘‘tariff These factors provide predictability and of Annex 311 of NAFTA. While Article shift’’ method. CBP first promulgated consistency in the application of the 510 of NAFTA provides specific rights these codified part 102 rules to fulfill marking rules and in CBP’s of review and appeal for marking the United States’ commitment under administration of the rules. The codified determinations, the USMCA does not Annex 311 of NAFTA, which required part 102 rules are a simplified and provide any such rights. Additionally, the parties to establish rules for standardized approach for determining section 209 of the USMCA Act struck determining whether a good is a good of the country of origin for marking the language from subsection (k) of a NAFTA country. Although the purposes (regardless of whether section 304 of the Tariff Act of 1930, as NAFTA Implementation Act was preferential tariff treatment is claimed). amended (19 U.S.C. 1304(k)), that repealed by the USMCA Act as of July provided these specific petition rights, 1, 2020, the part 102 rules remain in The importing communities from such as with respect to adverse marking effect. The part 102 rules are also used Canada and Mexico are used to applying decisions, for NAFTA exporters and for several other trade agreements. For the part 102 rules as opposed to the producers. Thus, these specific rights instance, as indicated in the scope case-by-case method. Accordingly, to and procedures are not provided for provision for part 102 (§ 102.0), the make the transition from NAFTA to the under the USMCA or the USMCA Act. rules set forth in §§ 102.1 through USMCA as least disruptive to the Accordingly, an importer, or an exporter 102.21 also apply for purposes of importing community as possible, CBP or producer (only when acting as the determining whether an imported good has decided to continue application of importer of record (IOR)) wishing to is a new or different article of commerce the current part 102 rules to determine request review and/or appeal of CBP under § 10.769 of the United States- the country of origin for marking marking determinations must follow the Morocco Free Trade Agreement purposes of a good imported from procedures set forth in part 174 of the regulations and § 10.809 of the United Canada or Mexico to articles imported CFR. States-Bahrain Free Trade Agreement pursuant to the USMCA. However, the Part 174 sets forth the general protest regulations. other marking requirements in 19 CFR procedures pursuant to 19 U.S.C. 1514, The USMCA does not contain a part 134, such as the rules for marking which allows for the administrative general marking requirement. Except for containers, the exceptions applicable to review of challenges to CBP certain agricultural goods, a good does the marking requirements, and the determinations, including marking and not need to first qualify to be marked as methods of marking, also previously other origin decisions. As the general a good of Mexico or Canada in order to applied to goods from Canada and statutory and regulatory authority for receive preferential tariff treatment Mexico, and continue to apply to these protests in 19 U.S.C. 1514 and 19 CFR under the USMCA. For most goods, only goods. Thus, CBP is amending parts 102 part 174 and the specific USMCA the general Uniform Regulations and 134 of title 19 of the CFR to authority under the USMCA and the regarding rules of origin set forth in continue the application of the part 102 USMCA Act do not provide exporters or Appendix A of part 182 of title 19 of the rules for determining origin for marking CFR and the product-specific rules of purposes for Mexico and Canada, and 5 That proposed rule does not apply for purposes origin contained in General Note 11, also to reflect the continued of determining whether merchandise is subject to HTSUS, are needed to determine applicability of the other marking the scope of antidumping and countervailing duty whether a good is an originating good proceedings under Title VII of the Tariff Act of requirements and the relevant 1930, as amended, as such determinations fall under the USMCA to receive exceptions. under the authority of the Department of preferential tariff treatment. Therefore, Commerce. Specifically, notwithstanding a CBP in line with the present scope of the part Origin determinations are also country of origin determination, that merchandise 102 rules, the part 102 rules will required in other instances, such as in may be subject to the scope of antidumping and/ continue to be applicable to determine the administration of quantitative or countervailing duty proceedings associated with restrictions. Concurrently with this IFR, a different country. country of origin for marking purposes 6 Although Canada is not a party to Chapter 13 for goods imported from Canada or CBP is publishing a notice of proposed of the USMCA, the United States has a similar Mexico under the USMCA (regardless of rulemaking (NPRM) that proposes to commitment to Canada through Article IV–5 of the whether preferential tariff treatment is apply the part 102 rules for non- World Trade Organization (WTO) Revised claimed). preferential origin determinations made Agreement on Government Trade, as amended on by CBP for goods imported from Canada Mar. 30, 2012, Marrakesh Agreement Establishing The Secretary of the Treasury has the World Trade Organization, Annex 4(b), 1915 general rulemaking authority, pursuant or Mexico, including government U.N.T.S. 103.
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producers the right to request certificate issued by the Government of portions of USMCA Chapters 1, 2, 5, administrative review and appeal of Canada is in effect for the goods. and 7, as discussed above, in the marking decisions, USMCA exporters Section 132.17 of title 19 of the CFR existing part 182 regulatory framework. and producers may not file a protest of (19 CFR 132.17) sets forth the form and Additionally, this document makes a marking determination under the manner determined by CBP to constitute necessary amendments to other parts of USMCA, unless the exporter or a required declaration that a valid title 19 of the CFR to implement producer is acting as the IOR. export certificate is in effect for the relevant USMCA provisions and to goods. Specifically, § 132.17 governs the D. Tariff-Rate Quota for Sugar- apply the part 102 rules when requirement for an export certificate for determining the country of origin for Containing Products Originating in sugar-containing products to qualify for Canada marking purposes for goods imported the tariff-rate quota and provides a from USMCA countries. Tariff-rate quotas permit a specified description of the sugar-containing All of the regulatory amendments quantity (‘‘in-quota quantity’’) of products subject to these requirements, made in this document are consistent merchandise to be entered or withdrawn when the export certificate is valid, and with the provisions of the USMCA, the for consumption at a reduced duty rate the recordkeeping retention and Uniform Regulations regarding origin (‘‘in-quota tariff rate of duty’’) during a production requirements. For the sugar- procedures, and the USMCA Act (19 specified period. See 19 CFR 132.1(b). containing products described in U.S.C. Chapter 29). Appendix 2 to Annex 2–B of Chapter 2 § 132.17(a), the importer must possess a of the USMCA, entitled Tariff Schedule valid export certificate in order to claim A. Part 10 of the United States—(Tariff Rate the in-quota tariff rate of duty on the Section 10.8 sets forth the Quotas), reflects the tariff-rate quotas products at the time they are entered or documentation requirements for articles that the United States will apply to withdrawn from warehouse for exported for repairs or alterations. As certain originating goods from Canada consumption. The importer must record explained further in Section III.F., under the USMCA. These originating the unique identifier of the export Subpart J—Commercial Samples and goods from Canada are permitted entry certificate for these products on the Goods Returned after Repair or into the territory of the United States, at entry summary or warehouse Alteration below, CBP is applying the the in-quota quantity, subject to the withdrawal for consumption (Customs documentation provisions of § 10.8(a), reduced quota rates instead of the rates Form 7501, column 34), or its electronic (b), and (c) to the entry of goods which of duty specified in Chapter 1 through equivalent. The Government of Canada are returned from Canada or Mexico Chapter 97 of the HTSUS. will issue the export certificates. A after having been exported for repairs or Paragraph 15 of Appendix 2 to Annex certificate is valid if it meets the alterations and which are claimed to be 2–B of the USMCA sets out the tariff- requirements of 15 CFR 2015.3(b). If the rate quota for sugar-containing products export certificate is valid, it will duty-free. Section 10.8(a)(2) provides of Canada, including the aggregate authorize entry into the United States at that a declaration must be completed by quantity of originating goods of Canada the in-quota tariff rate of duty the owner, importer, consignee, or agent permitted to enter free of duty in each established under the USMCA. having knowledge of the pertinent facts calendar year and the article description and filed during entry of the articles that of the qualifying originating goods. III. Amendments to the Regulations are returned after having been exported Pursuant to section 103(c)(4) of the Pursuant to 19 U.S.C. 4535(a), the for repairs or alterations. Currently, this USMCA Act, which authorizes the Secretary of the Treasury has the declaration requires the individual President to take necessary actions to authority to prescribe such regulations completing it to state that such articles implement the tariff-rate quotas in the as may be necessary to implement the were exported from the United States Schedule of the United States to Annex USMCA. Section 103(b)(1) of the for repairs or alterations and without 2–B of the USMCA, the special USMCA Act (19 U.S.C. 4513(b)(1)) benefit of drawback. This portion of the classification provisions in Chapter 98 requires that initial regulations declaration is necessary because of the HTSUS have been modified to necessary or appropriate to carry out the ordinarily these re-entered goods do not include the sugar-containing products actions required by or authorized under qualify for a reduced duty rate with the subject to this tariff-rate quota. the USMCA Act or proposed in the benefit of drawback. However, there is The tariff-rate quota for sugar- Statement of Administrative Action an exception provided in U.S. Note 1 of containing products of Canada under approved under 19 U.S.C. 4511(a)(2) to Subchapter II, Chapter 98, HTSUS, for the USMCA will be administered using implement the USMCA shall, to the NAFTA and USMCA drawback. Goods export certificates. When Canada maximum extent feasible, be prescribed re-entered after repair or alteration are provides the United States with the within one year after the date on which eligible for duty-free treatment even if written notification of its intent to the USMCA enters into force. This IFR subject to NAFTA or USMCA drawback. require export certificates for sugar- amends the CBP regulations to Accordingly, CBP is amending the containing products in accordance with implement significant portions of the declaration in § 10.8(a)(2) to clarify this paragraph 15(d) of Appendix 2 of Annex USMCA. CBP will promulgate the distinction by adding ‘‘(unless subject to 2–B of the USMCA, the USTR will remaining USMCA implementing USMCA drawback)’’ after ‘‘without the publish a notice in the Federal Register regulations. benefit of drawback.’’ announcing this determination. In any In order to provide transparency and B. Part 102 year for which the USTR has published facilitate their use, the majority of the such a determination in the Federal USMCA implementing regulations are Part 102, Rules of Origin, sets forth Register, imports of the sugar- set forth in part 182 of title 19 of the rules for determining the country of containing products of Canada, at the CFR, entitled the United States-Mexico- origin of certain imported goods. CBP is in-quota quantity, will only be eligible Canada Agreement. Part 182 sets forth amending part 102 of title 19 of the CFR for the in-quota tariff rate of duty if the the USMCA preferential tariff treatment (19 CFR part 102) to apply its rules of U.S. importer makes a declaration to and other customs related provisions. origin to determine the country of origin CBP, in the form and manner This IFR amends part 182 to add for marking purposes of goods imported determined by CBP, that a valid export regulations implementing significant from Canada or Mexico under the
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USMCA (regardless of whether requirements of that section is for sugar-containing products of Canada preferential tariff treatment is claimed). considered de minimis (set out in established in paragraph 15 of § 102.13). CBP is adding the clarifier Appendix 2 to Annex 2–B of Chapter 2 1. Scope ‘‘under NAFTA’’ to paragraphs (1) and of the USMCA. CBP has decided to This document amends § 102.0 to (2) to make clear that the methods set adopt a similar approach for describing extend the scope of part 102 to include forth in these paragraphs only apply to the sugar-containing products as used in the USMCA. Section 102.0 is revised to NAFTA. CBP is adding a new paragraph the preceding section of this part when state that the rules set forth in §§ 102.1 (3) to set forth the method used for describing the beef products subject to through 102.18 and 102.20 also calculating the value of goods or an export certificate requirement. This determine the country of origin for materials under the USMCA for simpler approach removes the specific marking purposes for goods imported purposes of determining whether HTSUS subheading classifications and, from a USMCA country. Under the foreign material is considered de alternatively, cross-references to the USMCA, the Uniform Regulations minimis. Under the USMCA, the value USTR definition of sugar-containing regarding rules of origin set forth in of a good or material is its customs products and the description of the Appendix A to part 182 and the value or transaction value within the products in paragraph 15 of Appendix product-specific rules of origin meaning of the Uniform Regulations 2 to Annex 2–B of Chapter 2 of the contained in General Note 11, HTSUS, regarding rules of origin set forth in USMCA. As CBP is not the party are needed to determine whether a good Appendix A to part 182. responsible for determining the sugar- originates under the USMCA to receive containing products that qualify for the preferential tariff treatment. The 3. Inapplicability of NAFTA Preference Override to USMCA Claims tariff-rate quota, this approach ensures USMCA includes, inter alia, provisions that the CBP regulations contain an that rely on whether goods qualify to be CBP is amending § 102.19 to limit the accurate description of the products in marked as goods of Canada, Mexico, or, NAFTA preference override to apply to the event of a change in the HTSUS under General Note 11, HTSUS, the NAFTA only. Under NAFTA, to receive subheadings or a change in the USTR United States, to determine the preferential tariff treatment, a good must definition. appropriate tariff benefit, thus also be ‘‘originating’’ under General Note 12, requiring the part 102 rules. See HTSUS, and the good must qualify to be D. Part 134 USMCA Chapter 2, Annex 2–B, Tariff marked as a good of a NAFTA country Part 134, Country of Origin Marking, Schedule of the United States, General under the part 102 rules in § 102.20. sets forth the regulations implementing Notes. Under the USMCA, unlike NAFTA, a the country of origin marking good does not need to qualify to be 2. Definitions requirements and exceptions of section marked as a good of Canada or Mexico 304 of the Tariff Act of 1930, as Section 102.1 sets forth the general in order to receive preferential tariff amended (19 U.S.C. 1304). For purposes definitions applicable to this part. CBP treatment. Accordingly, the NAFTA of the USMCA, the part 102 rules will is adding a new definition for preference override provisions are no be applied to determine the country of ‘‘inventory management method’’ to longer necessary under the USMCA. origin for marking purposes of a good provide clarity to the public. Currently, Thus, CBP is adding a new paragraph (c) imported from Canada or Mexico part 102 refers to the inventory to § 102.19 to state that the NAFTA (regardless of whether preferential tariff management method merely with cross- preference override in paragraphs (a) treatment is claimed). Thus, CBP is references to part 181 without defining and (b) applies only to goods entered for making the necessary amendments to the term or providing a specific citation consumption, or withdrawn from part 134. Part 134 identifies the articles for where the method is described. As warehouse for consumption, prior to subject to marking, the methods and the term ‘‘inventory management July 1, 2020, which is the date that the manner of marking that should be used, method’’ is used for purposes of NAFTA USMCA entered into force. and the USMCA, CBP believes that the exceptions to the marking adding the definition in § 102.1 is 4. Conforming Amendments requirements, the marking requirements necessary. Thus, the term ‘‘inventory As a result of adding the definition of for containers or holders, and the management method’’ is added as ‘‘inventory management method’’ to procedures for articles found not legally paragraph (l) and is defined as ‘‘(1) § 102.1, CBP needs to make several marked. averaging; (2) ‘‘last-in, first-out;’’ (3) conforming amendments to other 1. Definitions ‘‘first-in, first-out;’’ or (4) any other sections of part 102. Accordingly, CBP method that is recognized in the is removing the phrase ‘‘provided under Section 134.1 contains the definitions Generally Accepted Accounting the appendix to part 181 of this for part 134. CBP is adding the USMCA Principles (GAAP) of the country in chapter’’ from § 102.11(b)(2) and to several definitions to clarify that, for which the production is performed or ‘‘provided under the appendix to part those purposes, a good may be from otherwise accepted by that country.’’ In 181 of the Customs Regulations’’ from either a NAFTA or USMCA country. In order to add the term in alphabetical § 102.12(b). These cross-references to the ‘‘country of origin’’ definition in order, CBP is redesignating paragraphs the inventory management methods in § 134.1(b), CBP is adding language to (l) through (p) as paragraphs (m) the appendix to part 181 are no longer clarify that for a good of a NAFTA or through (q). needed because the definition of USMCA country, the rules set forth in CBP is also revising the definition of ‘‘inventory management method’’ is part 102 determine the country of origin ‘‘value.’’ The definition of ‘‘value’’ now contained in the general definitions for marking purposes. The definition of provides different methods for of part 102. the ‘‘NAFTA Marking Rules’’ in calculating the value of goods or paragraph (j) has been replaced with a materials for purposes of determining C. Part 132 new definition for the ‘‘Part 102 Rules,’’ whether foreign material that does not Part 132, Quotas, sets forth the rules which are rules promulgated for undergo the applicable change in tariff and procedures applicable to quotas purposes of determining whether a good classification (set out in § 102.20) or administered by CBP. CBP is amending is a good of a NAFTA country and to satisfies the other applicable § 132.17(a) to reflect the tariff-rate quota determine the country of origin for
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marking purposes for goods imported under 19 U.S.C. 1304(b) for containers articles substantially changed by from USMCA countries. and holders. CBP is amending manufacture, methods of marking For the definition of ‘‘ultimate §§ 134.22, 134.23 and 134.24, which specific articles, and approved markings purchaser’’ in § 134.1(d), CBP is adding provide the general rules for marking of of country name, respectively. ‘‘or USMCA’’ to note that, instead of the containers or holders, the rules for Additionally, CBP is revising § 134.35(b) general definition of ‘‘ultimate containers or holders designed for or to replace a reference to the ‘‘NAFTA purchaser,’’ the USMCA will use the capable of reuse, and the rules for Marking Rules’’ with ‘‘part 102 Rules.’’ same definition of ‘‘ultimate purchaser’’ containers or holders not designed for or as applied to a good of a NAFTA capable of reuse, to add the necessary E. Part 163 country. For a good of a NAFTA or USMCA references. Specifically, CBP is Part 163, Recordkeeping, sets forth the USMCA country, the ‘‘ultimate adding ‘‘or USMCA’’ to §§ 134.22(b), recordkeeping requirements and purchaser’’ is the last person in the (d)(2), and (e)(1) to indicate that a good procedures governing the maintenance, United States who purchases the good of a USMCA country which is a usual production, inspection, and in the form in which it was imported. container is treated the same as a good examination of records. As discussed in The words ‘‘or USMCA’’ have also been of a NAFTA country. No marking is more detail in Section III.F., Subpart added to the examples and the term required for any good of a NAFTA or C—Export Requirements below, 19 CFR ‘‘part 102 Rules’’ has replaced the term USMCA country that is a usual 182.21(c) requires an exporter or ‘‘NAFTA Marking Rules,’’ in the container. producer who completes a certification examples of an ‘‘ultimate purchaser,’’ as CBP is amending § 134.23(a) to note of origin or a producer who provides a appropriate. that the exception for goods of a NAFTA written representation for a good CBP is further amending § 134.1(g) to country which are usual containers also exported from the United States to add the USMCA to the definition of a applies to the USMCA with the addition Canada or Mexico to maintain all ‘‘good of a NAFTA country’’ and to of the words ‘‘or USMCA.’’ CBP is also records and supporting documents replace references to the ‘‘NAFTA revising §§ 134.24(c)(1), (c)(2), and (d)(1) relating to the origin of a good for which Marking Rules’’ with ‘‘part 102 Rules.’’ by adding ‘‘or USMCA’’ to clarify that the certification of origin was The paragraph heading of paragraph (g) disposable containers or holders are completed. The records must be has been revised to read ‘‘good of a treated the same under the USMCA as maintained as provided for in § 163.5. NAFTA or USMCA country’’ and ‘‘or under NAFTA. Because § 163.5(a) qualifies that the USMCA’’ has been added to the requirement to maintain records for the definition to define a ‘‘good of a NAFTA 3. Exceptions to the Marking required retention periods and in the or USMCA country’’ for marking Requirements prescribed format only pertains to purposes, as an article for which the In section 209 of the USMCA Act, persons listed in § 163.2, CBP is country of origin is Canada, Mexico, or Congress amended section 304(k) of the amending § 163.2 to add USMCA the United States as determined under Tariff Act of 1930, as amended (19 exporters and producers. the part 102 Rules. Paragraph (i) U.S.C 1304(k)), to create the same defining a ‘‘NAFTA country’’ has exceptions to the marking requirements CBP is amending the scope provision similarly been revised. The paragraph for the goods of a USMCA country as in § 163.0, redesignating § 163.2(c)(2) to heading of paragraph (i) has been under NAFTA. Section 134.32 contains (c)(3), and adding a new § 163.2(c)(2) to revised to read ‘‘NAFTA or USMCA the general exceptions to the marking include the USMCA exporters or country’’ and the appropriate cross- requirements. CBP is adding ‘‘or producers. It is not necessary to amend reference to the definition of ‘‘territory’’ USMCA’’ to paragraphs (h), (p) and (q) § 163.2 to include the USMCA importers in the USMCA has been added. of § 134.32 to indicate that the because § 163.2 includes all importers Accordingly, a ‘‘NAFTA or USMCA exceptions to the marking requirements without qualification. CBP will make country’’ is defined as the territory of apply to NAFTA and the USMCA. any additional amendments to part 163 the United States, Canada, or Mexico, as These general exceptions to the marking necessary to implement the USMCA and defined in Annex 201.1 of the NAFTA requirements are: to articles of a to incorporate modifications to the and Chapter 1, Section C of the USMCA. USMCA country for which the ultimate Uniform Regulations in a subsequent Finally, § 134.1 has added a new purchaser must reasonably know the rulemaking to be published in the paragraph (l) to include a definition of country of origin by reason of the Federal Register at a later date. ‘‘USMCA’’ and has revised the circumstances of their importation or by F. Part 182 definition of ‘‘NAFTA’’ in paragraph (h). reason of the character of the articles The new paragraph (l) defines even though they are not marked to Part 182, United States-Mexico- ‘‘USMCA’’ as the Agreement between indicate their origin; to goods of a Canada Agreement, implements the the United States of America, the United USMCA country which are original duty preference and related customs Mexican States, and Canada (USMCA), works of art; and to goods of a USMCA provisions applicable to imported goods entered into force by the United States, country which are provided for in under the USMCA. CBP is amending Canada and Mexico on July 1, 2020. subheading 6904.10 or heading 8541 or part 182 of title 19 of the CFR (19 CFR CBP has also added a second sentence 8542 of the HTSUS. part 182) to promulgate additional to the definition of ‘‘NAFTA’’ stating USMCA implementing regulations 4. Other Marking Provisions that NAFTA is not applicable to goods related to Chapters 1, 2, 5, and 7 of the entered for consumption, or withdrawn CBP is also adding ‘‘or USMCA’’ to USMCA. Currently, part 182 contains a from warehouse for consumption, on or multiple other provisions in part 134 to framework with its various subparts after July 1, 2020 to clarify in part 134 indicate that goods of a USMCA country outlined. The existing part 182 that the USMCA superseded NAFTA are subject to the same treatment and substantive provisions include the when it entered into force. marking requirements as goods of a scope, a rules of origin subpart (Subpart NAFTA country. Specifically, CBP is F), and Appendix A that sets forth the 2. Marking of Containers revising §§ 134.35(a) and (b), 134.43(a), Uniform Regulations regarding rules of Subpart C of part 134 addresses the (c)(3), (d)(3), and 134.45(a)(2) to include origin trilaterally agreed upon by the marking requirements and exceptions the USMCA. These sections address United States, Mexico, and Canada.
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This document amends part 182 to information pursuant to its respective safeguard confidential information, the add the general definitions and laws. The receiving USMCA country USMCA allows the importer, exporter, confidentiality provisions to Subpart A may use or disclose the confidential or producer to send information directly (General Provisions), and to add the information, however, for purposes of to the USMCA country conducting a implementing regulations for Subparts B administration or enforcement of its verification, including documents, to (Import Requirements), C (Export customs laws or as otherwise provided allow the party to protect its proprietary Requirements), D (Post-Importation for under its law, including in an information. See USMCA Article 5.9.3. Duty Refund Claims), E (Restrictions on administrative, quasi-judicial, or Several U.S. statutes and regulations Drawback and Duty-Deferral Programs), judicial proceeding. See USMCA Article govern CBP’s treatment and disclosure G (Origin Verifications and 5.12.1 and 5.12.3. A USMCA country of confidential information. The Determinations), J (Commercial Samples may decline to provide information exchange of information between and Goods Returned after Repair or requested by another USMCA country if USMCA countries is governed by 19 Alteration), and K (Penalties). The it has failed to act to keep information U.S.C. 1628. Section 209(c) of the implementing regulations for the confidential in accordance with its law. USMCA Act amended section 628 of the remaining part 182 subparts will be See USMCA Article 5.12.2. USMCA Tariff Act of 1930 (19 U.S.C. 1628) by included in a subsequent rulemaking to Article 7.28 extends these striking subsection (c) and inserting be published in the Federal Register at confidentiality protections to Section B language applicable to the USMCA in a later date. in USMCA Chapter 7 on cooperation accordance with USMCA Articles 5.12, and enforcement. USMCA Article 7.26 7.26, and 7.28. Pursuant to 19 U.S.C. Subpart A—General Provisions governs the exchange of specific 1628(c), the Secretary may authorize Definitions confidential information between CBP to exchange information with any government agency of a USMCA Section 182.1 sets forth the general USMCA countries and sets forth the procedures for USMCA countries to country if the Secretary reasonably definitions applicable to this part. believes the exchange of information is Chapter 1 of the USMCA sets forth the request and provide information that is normally collected in connection with necessary to implement USMCA general and country-specific definitions chapters 2, 4, 5, 6, or 7, and obtains to be applied throughout the USMCA, the importation, exportation, or transit of a good for purposes of enforcing or assurances from such agency that the unless otherwise noted. Since § 182.1 information will be held in confidence contains the definitions of the common assisting in the enforcement of measures concerning customs offenses. and used only for governmental terms that are used in multiple places in purposes. part 182, it includes definitions from 19 USMCA Article 7.22 governs the The Privacy Act (5 U.S.C. 552a) U.S.C. 4502, several Chapters of the protection of information, related to governs the collection, maintenance, USMCA, and the Uniform Regulations members of the trade community use, and dissemination of personally regarding rules of origin set forth in (traders), received by the USMCA identifiable information (PII) in systems Appendix A to part 182. Additional country’s customs administration. It of records maintained by Federal definitions that are not common terms requires that each USMCA country’s agencies. PII is defined as information throughout part 182 and are applicable customs administration apply measures that permits the identity of an on a more limited basis are set forth governing the collection, protection, individual to be directly or indirectly elsewhere with the substantive use, disclosure, retention, correction, inferred, including any other provisions to which they relate. For and disposal of information that it information that is linked or linkable to instance, Appendix A to part 182 collects from traders. See USMCA that individual, regardless of whether contains many definitions that are Article 7.22.1. Each USMCA country’s the individual is a U.S. citizen, lawful applicable only to the Uniform customs administration must protect permanent resident, visitor to the Regulations regarding rules of origin. confidential information from use or United States, or employee or contractor disclosure, in accordance with its laws, Confidentiality of the Department of Homeland that could prejudice the competitive Security. To ensure protection of confidential position of the trader to whom the The Freedom of Information Act information provided to a USMCA confidential information relates. See (FOIA) (5 U.S.C. 552) provides that any country’s customs administration and to USMCA Article 7.22.2. The customs person has the right to request access to prevent the unauthorized disclosure of administration may use or disclose records from any federal agency. Under this information to third parties and to confidential information, however, for FOIA’s terms, federal agencies must other USMCA countries, the USMCA the purposes of administration or disclose records upon receiving a contains confidentiality protections. enforcement of its customs laws or as written request for them, except for These confidentiality provisions are set otherwise provided under its law, those records or portions of records forth in USMCA Articles 5.12, 7.22, including in an administrative, quasi- protected from disclosure by any of the 7.26, and 7.28. The USMCA also judicial, or judicial proceeding. See nine exemptions or three exclusions extends the confidentiality provisions in USMCA Article 7.22.3. The found in the statute. Articles 5.12 and 7.22 to textile and confidentiality provisions as set forth in Part 5 of title 6 of the CFR (6 CFR part apparel goods under USMCA Chapter 6. USMCA Articles 5.12, 7.22, 7.26, and 5) governs the disclosure of information See USMCA Article 6.9. 7.28 apply to all applicable exchanges of created or maintained by CBP and Article 5.12 generally governs the confidential information between the requested pursuant to the FOIA and treatment of confidential information USMCA countries, including a USMCA Privacy Act. Part 103 of title 19 of the exchanged by USMCA countries. A Article 7.27 verification report CFR (19 CFR part 103) governs the USMCA country that receives containing information obtained during production and disclosure of CBP- information designated as confidential a verification, such as data and maintained information under other from another USMCA country or that is documents, that is provided when a statutory or regulatory provisions and/or deemed confidential under the receiving USMCA country requests another as requested through administrative USMCA country’s laws is required to USMCA country conduct a verification and/or legal processes. Accordingly, maintain the confidentiality of this in its territory. Additionally, to further part 5 of title 6 and part 103 of title 19
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apply where the impetus for the release protest rights pursuant to 19 CFR part of USMCA requirements, such as the of information to a member of the public 174, except when there is a pattern of information in the labor value content by CBP stems from a request from a conduct of false or unsupported vehicle certifications to the Department member of the public, while USMCA- representations pursuant to 19 U.S.C. of Labor. The provision that allows the related disclosures involve CBP 1514(f). importer, exporter, or producer to send proactively releasing information to Thus, CBP is adding a new § 182.2 to information directly to CBP to protect third parties, for example, the importer, address CBP’s responsibility to maintain its proprietary information is set forth in exporter, producer, or other USMCA the confidentiality of the USMCA- § 182.72(c). See subpart G of part 182. country, to fulfill the United States’ related information it receives from the While § 182.2 is intended to address commitments under the USMCA. public in accordance with existing only USMCA-specific information Nonetheless, CBP will maintain the statutory and regulatory requirements, collections and disclosures, CBP will confidentiality and disclosure including 19 CFR part 103, 6 CFR part continue to treat all confidential protections in part 103 for USMCA- 5, and all other applicable statutes and information received from the public, related information disclosures, regulations, the legally permitted such as routine entry information, in including § 103.23(b) detailing the disclosures of this information that CBP accordance with existing statutory and circumstances where disclosures will is authorized to make to third parties regulatory requirements, including the not be made and § 103.33 addressing the and other USMCA countries, and the routine uses of the systems of record release of information to foreign information sharing that is permissible notices (SORNs) for the trade systems agencies. with U.S. government authorities, maintained by CBP. As discussed above, The Trade Secrets Act (18 U.S.C. including the Department of Labor with the exchange of information between 1905) bars the unauthorized disclosure respect to the USMCA’s labor value USMCA countries is governed by by government officials of any content requirements. statutory authority (19 U.S.C. 1628). information received in the course of Section 182.2 fulfills CBP’s Subpart B—Import Requirements their employment or official duties commitment under USMCA Article 7.22 when such information ‘‘concerns or to apply measures governing the Subpart B of part 182 (19 CFR 182.11– relates to the trade secrets, processes, protection, use, and disclosure of 182.16) contains the USMCA import operations, style of work, or apparatus, information collected from traders. requirement provisions, as provided for or to the identity, confidential statistical Section 182.2 is focused on USMCA- in Chapter 5 of the USMCA, including data, amount or source of any income, related disclosures of information the filing of a claim for preferential tariff profits, losses, or expenditures of any collected from members of the trade treatment upon importation (§ 182.11), person, firm, partnership, corporation, community (traders). As discussed in certification of origin requirements or association.’’ See 18 U.S.C. 1905. more detail in Section III.F., Subpart (§ 182.12), importer obligations Specifically, the Trade Secrets Act G—Origin Verifications and (§ 182.13), certification of origin not protects those required to furnish Determinations below, the USMCA required (§ 182.14), maintenance of commercial or financial information to requires several notifications, unique to records (§ 182.15), effect of the government by shielding them from the USMCA, that permit authorized noncompliance, and failure to provide the competitive disadvantage that could disclosures to importers, exporters, or documentation regarding transshipment result from disclosure of that producers of information collected from (§ 182.16). information by the government. The traders. Under the USMCA and the Section 182.11, Filing of claim for courts have interpreted the Trade Uniform Regulations regarding origin preferential tariff treatment upon Secrets Act as covering the same type of procedures, the confidentiality importation, sets forth the procedure for information that falls under Exemption requirements apply when CBP provides making a claim for preferential tariff 4 of the FOIA. See, e.g., CNA Fin. Corp. a determination of origin, originally treatment upon importation, the basis v. Donovan, 830 F.2d 1132, 1140 (D.C. issued to the exporter or producer, to for making a claim, and the requirement Cir. 1987). Exemption 4 of the FOIA the importer in accordance with that the importer correct a claim if it has protects ‘‘trade secrets and commercial USMCA Article 5.9.14 and the Uniform reason to believe that the claim is based or financial information obtained from a Regulations regarding origin procedures. on inaccurate information or is person [that is] privileged or In order to ensure compliance with otherwise invalid. In accordance with confidential.’’ See 5 U.S.C. 552(b)(4). the applicable U.S. statutory and Article 5.2.1 of the USMCA, an importer The Trade Secrets Act permits those regulatory provisions, CBP is also may make a claim for USMCA covered by the Act to disclose protected extending the confidentiality preferential tariff treatment based on a information when the disclosure is regulations in § 182.2 to any of the certification of origin completed by the otherwise ‘‘authorized by law,’’ which notifications made during a verification importer, exporter, or producer for the includes both statutes expressly that potentially involve information purpose of certifying that a good being authorizing disclosure and properly disclosures to third parties. These exported from the territory of a USMCA promulgated substantive agency include CBP’s notification of the country into the territory of another regulations authorizing disclosure based initiation of a verification to the USMCA country qualifies as an on a valid statutory interpretation. See importer (§ 182.73(c)), sending a request originating good. An importer who Chrysler v. Brown, 441 U.S. 281, 294– for information to the exporter or makes a claim for preferential tariff 316 (1979). For example, 19 U.S.C. producer prior to issuing a negative treatment upon importation, pursuant to 1514(e) grants the Secretary of the determination (§ 182.75(c)(1)), the § 182.11(b), also qualifies for an Treasury authority to provide, in the issuance of a positive or negative exemption from the merchandise case of a negative USMCA determination of origin (§ 182.75), and processing fee. determination, the entry number and the issuance of the intent to deny Section 182.12, Certification of Origin, any other entry information considered (§ 182.75(c)(3)). Section 182.2(b) also indicates the requirements for the necessary to allow the exporter or authorizes CBP to disclose confidential certification of origin, consistent with producer, who is the subject of the information collected from traders to Articles 5.2 and 5.3 of the USMCA, determination and completed the U.S. government authorities responsible including the specifics on what the certification of origin, to exercise its for the administration and enforcement certification of origin must contain, its
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form, its basis, its applicability, and its to whom the certification was provided, permitted an importer who made a validity. including CBP. claim for USMCA preferential tariff Section 182.14, Certification of origin Paragraph (c) of § 182.21 sets forth the treatment upon importation pursuant to not required, sets forth the types of recordkeeping requirements, in § 182.11(b) to qualify for an exemption importations, consistent with Article 5.5 accordance with Article 5.8.2 of the from the merchandise processing fee of the USMCA, where an importer will USMCA, that apply to an exporter or while importers who filed a USMCA not be required to submit a copy of a producer who completes a certification post-importation claim under 19 U.S.C. certification of origin. Unless § 182.14(b) of origin or a producer who provides a 1520(d) (1520(d) claim) were limited to applies, an importer will not be required written representation for a good the refund of any excess duties paid at to submit a copy of a certification of exported from the United States to importation and were specifically origin for a non-commercial importation Canada or Mexico. These records must excluded from receiving the refund of of a good; or a commercial importation be maintained as provided for in 19 CFR any merchandise processing fees paid at for which the value of the originating 163.5 and must be stored and made importation. Section 601(e) of Title VI of goods does not exceed $2,500 in U.S. available for examination and the Appropriations Act amended 19 dollars. inspection by the appropriate CBP U.S.C. 1520(d) to allow the refund of Section 182.15, Maintenance of official in the same manner as provided merchandise processing fees for records, contains the recordkeeping in part 163. As discussed in Section USMCA post-importation claims. This requirements, in accordance with III.E. Part 163 above, to impose these change is retroactively effective as of Article 5.8.1 of the USMCA, that apply recordkeeping requirements on the July 1, 2020, USMCA’s entry into force to an importer claiming USMCA USMCA exporters and producers, CBP date, and authorizes CBP to issue preferential tariff treatment for a good had to make conforming amendments to refunds of the merchandise processing imported into the United States. The 19 CFR 163.2(c). fees for USMCA post-importation importer must maintain the certification Subpart D—Post-Importation Duty claims. of origin and all records and documents Refund Claims Subpart E—Restrictions on Drawback that the importer has demonstrating that Subpart D of part 182 (19 CFR 182.31– and Duty-Deferral Programs the good qualifies for preferential tariff 182.33) sets forth the provisions related Subpart E of part 182 (19 CFR 182.41– treatment under the USMCA, including to post-importation claims for 182.54) sets forth the provisions those related to transit and preferential tariff treatment. Under 19 regarding drawback claims and duty- transshipment, for a minimum of five U.S.C. 1520(d), CBP may reliquidate an deferral programs, as provided for under years from the date of importation of the entry to refund any excess duties paid Article 2.5 of the USMCA, and applies good. These records are in addition to at importation on a good qualifying for to any good that is a ‘‘good subject to any other records that the importer is preferential tariff treatment under the USMCA drawback’’ within the meaning required to prepare, maintain, or make rules of origin for certain enumerated of 19 U.S.C. 4534. Drawback, as available to CBP under part 163. trade agreements for which a claim for generally provided for in section 313 of Pursuant to § 182.16(a), if the preferential tariff treatment was not the Tariff Act of 1930, as amended (19 importer fails to comply with applicable filed at importation (1520(d) claims). U.S.C. 1313), is the refund or remission, requirements under this subpart, Notwithstanding the fact that a valid in whole or in part, of duties, taxes, and including submission of a complete protest was not filed, and provided a fees imposed and paid under Federal certification of origin prepared in claimant files the required documents as law upon entry or importation. accordance with §§ 182.12 and 182.14, described in 19 CFR 182.32(b), this The requirements and procedures set when requested, CBP may deny provision allows the claimant to receive forth in subpart E for USMCA drawback preferential tariff treatment to imported refunds for any excess duties. See 19 are in addition to the general goods. In addition, pursuant to U.S.C. 1520(d). definitions, requirements, and § 182.16(b), CBP may deny preferential Section 182.31 sets forth the right to procedures for drawback claims set tariff treatment to an originating good if make this post-importation claim for forth in part 190 of title 19 of the CFR, the good is transported outside the preferential tariff treatment. unless otherwise specified. Further, the territories of the USMCA countries, and Specifically, where a good would have requirements and procedures of subpart at the request of CBP, the importer of qualified as an originating good when it E are also in addition to those for the good does not provide evidence was imported into the United States but manipulation, manufacturing, and demonstrating to the satisfaction of CBP no claim for preferential tariff treatment smelting and refining warehouses that the transit and transshipment was made, the importer of that good contained in parts 19 and 144, for conditions of the USMCA were met. may file a claim for a refund of any foreign trade zones under part 146, and excess duties at any time within one for temporary importations under bond Subpart C—Export Requirements year after the date of importation of the in part 10. Subpart C of part 182 (19 CFR 182.21) good in accordance with the procedures Subpart E contains sections on sets forth the obligations of an exporter set forth in § 182.32. CBP may refund applicability (§ 182.41), duties and fees or producer who completes a any excess duties by liquidation or not subject to drawback (§ 182.42), certification of origin for a good reliquidation of the entry covering the eligible goods subject to USMCA exported from the United States to good in accordance with § 182.33 of this drawback (§ 182.43), calculation of Canada or Mexico. These export subpart. drawback (§ 182.44)—which includes requirements are in accordance with As described above, on December 27, the lesser of duty rule for USMCA Article 5.6 of the USMCA. These 2020, the Appropriations Act was drawback at § 182.44(a), goods eligible requirements include the submission of enacted with Title VI of the Act setting for full drawback (§ 182.45), filing of the certification of origin to CBP upon forth technical corrections to the drawback claim (§ 182.46), completion request, and a requirement to provide USMCA Act. Prior to the enactment of of claim for drawback (§ 182.47), prompt notification of errors in the the Appropriations Act and the retention of records (§ 182.49), certification of origin that could affect technical corrections, section liquidation and payment of drawback its accuracy or validity to every person 205(a)(1)(C) of the USMCA Act only claims (§ 182.50), prevention of
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improper payment of claims (§ 182.51), Subpart G—Origin Verifications and importer, exporter, or producer; subsequent claims for preferential tariff Determinations questionnaires seeking information, treatment (§ 182.52), verification of Subpart G of part 182 (19 CFR 182.71– including documents, from the claim for drawback, and waiver or 182.76) contains the general USMCA importer, exporter, or producer; reduction of duties (§ 182.54). Certain verification and determination of origin verification visits to the premises of the sections and paragraphs in subpart E of provisions, including the applicability exporter or producer in Mexico or part 182 remain reserved. CBP is of these provisions (§ 182.71), Canada in order to request information, reviewing these reserved sections and verification of claim for preferential including documents, and to observe paragraphs because of outstanding tariff treatment (§ 182.72), notification production processes and facilities; and policy considerations and they will be and response procedures (§ 182.73), any other procedure to which the addressed in a subsequent rulemaking. verification visit procedures (§ 182.74), USMCA countries may agree. With the exception of the specific determinations of origin (§ 182.75), and As described in § 182.72(b), when sections discussed below, the USMCA repeated false or unsupported conducting a verification of a good drawback provisions contained in preference claims (§ 182.76). imported into the United States, CBP subpart E are substantially similar to the Section 182.71, Applicability, states may conduct a verification of the NAFTA drawback provisions contained that subpart G contains the general material that is used in the production in part 181. origin verification and determination of that good. A verification of a material In § 182.44(d), Substitution producer may be conducted pursuant to manufacturing drawback under 19 provisions applicable to goods claiming USMCA preferential tariff treatment. any of the verification means set forth U.S.C. 1313(b), CBP is allowing in § 182.72(a). Please note that CBP substitution using the 8-digit HTSUS USMCA Articles 5.9 and 5.10 and the Uniform Regulations regarding origin believes that the term ‘‘material subheading number standard for the producer’’ and our application of the USMCA. See 19 U.S.C. 4534(b). This 8- procedures address general verification and determinations of origin. verification of materials in part 182 to digit HTSUS subheading number be sufficiently broad to encompass a standard is the standard previously Additional verification procedures that apply to textile and apparel goods verification of either a material producer provided for in section 906, Drawback or a material supplier. CBP encourages and Refunds, of the Trade Facilitation and automotive goods will be set forth in Subpart H, Textile and Apparel public comment on this issue, including and Trade Enforcement Act of 2015 whether a material supplier should be (TFTEA) (Pub. L. 114–125, 130 Stat. Goods, and Subpart I, Automotive Goods, in part 182. These subparts will separately accounted for in the 122, February 24, 2016). CBP is adding regulations. In accordance with the a paragraph (d)(2), Special rule for be included in a subsequent rulemaking to be published in the Federal Register Uniform Regulations regarding origin sought chemical elements, in § 182.44, 7 at a later date. Please refer to the CBP procedures, with the exception of the that was not part of NAFTA drawback. notification to the importer of the This paragraph (d)(2) is intended to website at https://www.cbp.gov/trade/ priority-issues/trade-agreements/free- initiation of a verification (§ 182.73(c)) clarify the term ‘‘same kind and quality’’ and the determination of origin as it applies to sought chemical trade-agreements/USMCA for more information, including the U.S. USMCA provisions (§ 182.75), subpart G applies elements. when CBP is conducting a verification The USMCA drawback provisions in Implementing Instructions, regarding verifications of textile and apparel of a material. § 182.45 include a few differences from Section 182.73, Notification and NAFTA drawback. In § 182.45, CBP has goods and automotive goods. Section 182.72, Verification of claim response procedures, contains the made changes to paragraph (d), Certain notification and response procedures for goods exported to Canada or Mexico, for preferential tariff treatment, describes the means that CBP may use requests for information, questionnaires, regarding, inter alia, certain sugar tariffs and verification visits. Paragraph (a) that are excluded from the lesser of duty to conduct a verification, contains the provisions related to verifications of a specifies the contents of a request for rule as provided for in 19 U.S.C. information and a questionnaire, in 4534(a)(6). In § 182.45, CBP also has material, states that CBP will accept information directly from the importer, accordance with USMCA Article 5.9.5, added new paragraph (e), Certain goods and that the importer, exporter, or exported to Canada, as provided for in exporter, or producer during a producer must make records available 19 U.S.C. 4534(a)(7) and (a)(8), and a verification, and contains the for inspection by a CBP official during new paragraph (f), Certain goods that accounting principles that apply to a a verification. Paragraph (b) states that, are exported or deemed exported, as verification. A claim for USMCA prior to conducting a verification visit provided for in 19 U.S.C. 4534(a)(3). preferential tariff treatment will be The USMCA did not provide for the subject to such verification as CBP in Canada or Mexico, CBP will provide time or method of filing a USMCA deems necessary. A verification the exporter or producer with a drawback claim. Accordingly, CBP has described in subpart G of part 182 may notification stating the intent to conduct made conforming changes to the be conducted by a Center of Excellence a verification visit, and provides the procedures in § 182.46, Filing of and Expertise (Center) or by Regulatory contents of that notification in drawback claim, to better align with the Audit and Agency Advisory Services. In 7 See Uniform Regulations regarding origin general requirements of part 190, accordance with USMCA Article 5.9.2, procedures, Origin Verifications Section, paragraph Modernized Drawback, as provided for CBP may initiate the verification of 10, which states that where the customs in 19 U.S.C. 1313, as amended. These goods imported into the United States administration of a USMCA country, in conducting conforming changes will ensure a more under the USMCA with the importer, or an origin verification of a good imported into its territory under USMCA Article 5.9, conducts an uniform approach to the filing and with the exporter or producer who origin verification of a material that is used in the processing of all drawback claims by completed the certification of origin. production of the good, the origin verification of requiring claims to be filed within 5 A verification of a claim for USMCA that material is expected to be conducted in years after the date of importation and preferential tariff treatment may be accordance with the procedures set out in: USMCA Article 5.9(1), (5), (7 through 11), (13), and (18); and to be transmitted electronically in the conducted by means of one or more of paragraphs 3, 6, 13, 14, and 15 of the Origin Automated Commercial Environment the following: Requests for information, Verifications Section of the Uniform Regulations (ACE). including documents, from the regarding origin procedures.
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accordance with USMCA Article 5.9.5. provided information directly to CBP Federal Register at a later date to reflect Paragraph (c) sets forth the importer during the verification to ensure that the the application of the USMCA Article notification that is required, pursuant to same parties receive both the intent to 5.10.2 reasons for denial to textile and USMCA Article 5.9.6 and the Uniform deny and the determination of origin. apparel goods and automotive goods Regulations regarding origin procedures, This determination of origin will be and to ensure that paragraph (c)(2) when CBP initiates a verification with issued to these parties within 120 days contains a comprehensive list of the the exporter or producer. Paragraph (d) or, in exceptional cases and upon reasons for denial with the appropriate provides the means of communication notification to the appropriate parties, cross-references. that CBP may use to contact the exporter within 210 days, after CBP has As described above, pursuant to or producer. In accordance with determined that it has received all the USMCA Article 5.9.16, prior to issuing USMCA Article 5.9.18, all information necessary to issue a a written determination of origin, if the communication to the exporter or determination in accordance with USMCA country intends to deny producer will be sent by any means that USMCA Article 5.9.15. USMCA preferential tariff treatment, the can produce a confirmation of receipt, USMCA Article 5.9.15 requires the USMCA country must inform the with the Uniform Regulations regarding USMCA country conducting the importer, and any exporter or producer origin procedures specifying the specific verification to, as expeditiously as who is subject to the verification and means. Paragraph (e) contains possible and within 120 days after it has provided information during the information regarding when the time received all the information necessary verification, of the preliminary results of periods in subpart G begin, and (including any information collected the verification and provide those pursuant to a verification request to an paragraph (f) sets forth the amount of persons with a notice of intent to deny. exporter or producer) to make the time that the importer, exporter, or Paragraph (c)(3) of § 182.75 contains the determination and provide the written producer has to respond to a request for intent to deny provision, including that determination to the appropriate parties. information and a questionnaire, and CBP will inform the importer, and the The Uniform Regulations regarding that an exporter or producer has to exporter or producer who is subject to origin procedures further clarify that consent to or deny the verification visit. the verification and either completed Section 182.74, Verification visit ‘‘all the information necessary’’ includes the certification of origin or provided procedures, sets forth the verification information that may be required information directly to CBP during the visit procedures applicable to CBP when regarding the materials used in the verification, of CBP’s intent to deny it is conducting a verification visit of an production of a good or any assistance exporter or producer in Canada or requested under USMCA Article 5.9.8 preferential tariff treatment. As Mexico. CBP may conduct a verification during a verification from another discussed above, CBP has decided to visit of the exporter or producer’s USMCA country. Pursuant to USMCA extend the parties who receive an intent premises in-person or remotely. The Article 5.9.15, the USMCA country may to deny, beyond the requirements in same verification visit procedures apply extend this 120-day period, in USMCA Article 5.9.16, to ensure that to both in-person and remote exceptional cases, for up to 90 days after the same parties receive the intent to verification visits, including the notifying the importer, and any exporter deny and the determination of origin. notification of a verification visit to the or producer who is subject the The intent to deny will contain the exporter or producer whose premises verification or provided information preliminary results of the verification, are to be visited (§ 182.73(b)), the during the verification. CBP has decided the effective date of the denial of response time for responding to a to provide this notification of the preferential tariff treatment, and a notice notification of a verification visit extension to all parties to whom it will to the importer, exporter, or producer (§ 182.73(f)(2)), the written consent issue a determination of origin pursuant that CBP will provide 30 days to submit required prior to the verification visit to 19 CFR 182.75(b), including to the additional information, including (§ 182.74(a)), the option to request a exporter or producer who is subject to documents, related to the preferential postponement of the visit (§ 182.74(b)), the verification and either completed tariff treatment of the good. Pursuant to the records that must be made available the certification of origin or provided paragraph (c)(4), if, 30 days after the for inspection by a CBP official information directly to CBP during the importer receives the intent to deny, conducting the verification, the facilities verification. CBP determines that one or more of the provided for that inspection Paragraph (c) of § 182.75 contains the reasons for the denial of preferential (§ 182.74(c)), and the right to have provisions that apply to negative tariff treatment continues to apply, CBP observers (§ 182.74(d)). determinations of origin when CBP will issue a negative determination of Section 182.75, Determinations of intends to deny USMCA preferential origin. In addition to the contents of the origin, sets forth the contents of a tariff treatment. This paragraph sets determination set forth in § 182.75(a), a determination of origin and the parties forth the circumstances under which negative determination of origin will that will receive the determination of CBP must send a request for information provide the exporter or producer with origin. While USMCA Article 5.9.14 to the exporter or producer prior to the information necessary to file a only requires that a USMCA country issuing a negative determination in protest as provided for in 19 U.S.C. provide a written determination of accordance with USMCA Article 5.9.4, 1514(e) and part 174, unless CBP origin to the importer, and the exporter the reasons that CBP may deny determines that there is a pattern of or producer that completed the preferential tariff treatment, the intent to conduct of false or unsupported certification of origin and is the subject deny provision, and the additional representations pursuant to § 182.76. of a verification, CBP has decided to requirements that apply when CBP Pursuant to 19 U.S.C. 1514(e), CBP is extend the parties to whom it will issue issues a negative determination. authorized to provide exporters or a determination of origin. As stated in Paragraph (c)(2) contains the reasons producers who receive a negative § 182.75(b), CBP will issue the that CBP may deny USMCA preferential determination of origin with the entry determination of origin to the importer, tariff treatment as set forth in USMCA number and any other entry information and to the exporter or producer who is Article 5.10.2. CBP will amend considered necessary to allow the subject to the verification and either paragraph (c)(2) in a subsequent exporter or producer to exercise its completed the certification of origin or rulemaking to be published in the protest rights under 19 U.S.C. 1514 and
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part 174, unless CBP determines that Subpart J—Commercial Samples and certification of origin by importers there is a pattern of conduct of false or Goods Returned After Repair or (§ 182.122), corrected certification of unsupported representations pursuant Alteration origin by U.S. exporters or producers to 19 U.S.C. 1514(f). CBP will be Subpart J (19 CFR 182.111–182.112) (§ 182.123), and the framework for amending part 174 to allow exporters provides for the duty-free treatment of correcting claims or certifications of and producers to exercise their protest commercial samples of negligible value origin (§ 182.124). The regulations in rights in a subsequent rulemaking to be and goods re-entered after repair or subpart K, which were previously published in the Federal Register at a alteration in Canada or Mexico. The reserved as §§ 182.111–182.114, are later date. regulations in subpart J, which were redesignated as §§ 182.121–182.124 due previously reserved as § 182.101 and to changes in the numbering structure of Section 182.76, Repeated false or subparts I and J of part 182, as discussed unsupported preference claims, states § 182.102, are redesignated as § 182.111 and § 182.112 due to changes in the above. These provisions are in that, in accordance with USMCA Article numbering structure of subpart I of part accordance with Articles 5.13, 5.4.2, 5.9.17, if a verification reveals a pattern 182, discussed above. 5.6.3, and 7.18 of the USMCA. of conduct by the importer, exporter, or As stated in § 182.121, except as producer of false or unsupported Commercial Samples otherwise provided in subpart K, all representations that a good imported Section 182.111 defines commercial criminal, civil, or administrative into the United States qualifies for samples of negligible value, based on penalties which may be imposed on USMCA preferential tariff treatment, Article 2.1 of the USMCA, as U.S. importers, exporters, and producers CBP may withhold preferential tariff commercial samples which have a for violations of the customs and related treatment for entries of identical goods value, individually or in the aggregate as U.S. laws and regulations will also until CBP determines that shipped, of not more than one U.S. apply to U.S. importers, exporters, and representations of that person are in dollar, or the equivalent amount in the producers for violations of the U.S. laws and regulations relating to the USMCA. conformity with part 182 and with currency of Canada or Mexico; or which An importer who makes a corrected General Note 11, HTSUS. are so marked, torn, perforated, or otherwise treated that they are claim or certification of origin, and an As explained in more detail above in unsuitable for sale or for use except as exporter or producer who provides Section III.F., Subpart A—General commercial samples. These commercial written notification of an incorrect Provisions, CBP has a duty to ensure the samples of negligible value qualify for certification of origin will not be subject protection of confidential business duty-free entry from Canada or Mexico, to civil or administrative penalties information. In order to ensure in accordance with Article 2.9 of the under 19 U.S.C. 1592 if the corrected compliance with the applicable U.S. USMCA, only if the samples are claim, certification of origin, or written statutory and regulatory provisions, CBP imported solely for the purpose of notification is made promptly and has decided to apply the confidentiality soliciting orders for foreign goods or voluntarily. Section 182.124, regulations in § 182.2 to any of the services. Framework for correcting claims or notifications made during a verification certifications of origin, defines Goods Re-Entered After Repair or ‘‘promptly and voluntarily’’ for these that potentially involve information Alteration in Canada or Mexico disclosures to third parties. These purposes, provides that in cases include CBP’s notification of the Section 182.112 sets forth the rules involving fraud or subsequent incorrect claims a person may not voluntarily initiation of a verification to the that apply for purposes of obtaining duty-free treatment on goods returned correct a claim or certification of origin, importer (§ 182.73(c)), sending a request after repair or alteration in Canada or sets forth the requirements for the for information to the exporter or Mexico. This section also contains the statement that must accompany each producer prior to issuing a negative conditions under which these goods are corrected claim or certification of origin, determination (§ 182.75(c)(1)), the not eligible for duty-free treatment and and requires that a U.S. importer who issuance of a positive or negative provides the documentation makes a corrected claim must tender determination of origin (§ 182.75), and requirements. The documentary any actual loss of duties and the issuance of the intent to deny requirements set forth in § 10.8(a), (b), merchandise processing fees, if (§ 182.75(c)(3)). The provision that and (c) apply to goods claiming duty- applicable. allows the importer, exporter, or free treatment under § 182.112. While G. Part 190 producer to send information directly to CBP is aware that under ordinary CBP to protect its proprietary circumstances § 10.8 applies to articles Part 190, Modernized Drawback, sets information is set forth in § 182.72(c). claimed to be subject to duty on the forth the general provisions applicable value of the repairs or alterations to all drawback claims and specialized Subpart I—Automotive Goods performed abroad, for purposes of the provisions applicable to specific types USMCA, the same documentation of drawback claims filed under 19 Subpart I of part 182 pertains to U.S.C. 1313, as amended. CBP is automotive goods. The regulations in requirements in § 10.8(a), (b), and (c) apply in connection with the entry of amending part 190 to make conforming subpart I, which are currently reserved goods returned after repairs or edits to include USMCA drawback as §§ 182.91–182.93, may be more alterations from Canada or Mexico claims. The scope provision in § 190.0 expansive than previously anticipated. which are claimed to be duty-free under is amended to clarify that additional To allow for this possibility, the the USMCA. drawback provisions relating to the numbering structure of the regulations USMCA are contained in subpart E of in subpart J has been modified, as Subpart K—Penalties part 182. Section 190.0a addresses explained below. The actual text of the Subpart K of part 182 (19 CFR claims filed under NAFTA and CBP is subpart I regulations will be included in 182.121–182.124) sets forth penalties amending the paragraph heading of a subsequent rulemaking to be provisions, including those related to § 190.0a to reflect that this section is published in the Federal Register at a general penalties under the USMCA applicable to claims filed under both later date. (§ 182.121), corrected claim or NAFTA and the USMCA. Section 190.0a
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is also amended to clarify that USMCA necessary, to select regulatory number 1651–0023 is necessary to drawback claims filed under the approaches that maximize net benefits reflect an increase in burden hours due provisions of part 182 must be filed (including potential economic, to the use of CBP Form 28 for an separately from claims filed under the environmental, public health and safety additional purpose: Requesting provisions of part 190 (currently it only effects, distributive impacts, and additional information needed for lists NAFTA drawback claims filed equity). Executive Order 13563 enforcing the USMCA. The revision of under part 181). And lastly, § 190.51 emphasizes the importance of collection number 1651–0098 is provides the process for completion of quantifying both costs and benefits, of necessary to reflect the reduction in drawback claims and CBP is making reducing costs, of harmonizing rules, burden hours that results from the conforming changes such as referencing and of promoting flexibility. USMCA superseding NAFTA and the the USMCA and part 182 to indicate Rules involving the foreign affairs repeal of the NAFTA Implementation that the same process is used for both function of the United States are exempt Act, as of the USMCA’s entry into force NAFTA drawback and USMCA from the requirements of Executive date of July 1, 2020. Importers, who did drawback claims. Orders 13563 and 12866. Because this not claim preferential tariff treatment at rule involves a foreign affairs function the time of importation, have one year IV. Statutory and Regulatory of the United States by implementing a from the date of importation of the Requirements trilaterally negotiated agreement originating goods to file post- A. Administrative Procedure Act between the United States, Mexico, and importation claims. These importers Canada, this rule is not subject to the Under section 553 of the may need to use the NAFTA Certificate provisions of Executive Orders 13563 of Origin to file a post-importation claim Administrative Procedure Act (APA) (5 and 12866. U.S.C. 553), agencies generally are for goods from Canada and Mexico required to publish a notice of proposed C. Regulatory Flexibility Act entered for consumption, or withdrawn from warehouse for consumption, prior rulemaking in the Federal Register that The Regulatory Flexibility Act (5 to July 1, 2020 during that one-year time solicits public comment on the U.S.C. 601 et seq.), as amended by the period. Once one year has elapsed, CBP proposed regulatory amendments, Small Business Regulatory Enforcement will discontinue this information consider public comments in deciding and Fairness Act of 1996, requires an collection. The likely respondents for on the content of the final amendments, agency to prepare and make available to these information collections are and publish the final amendments at the public a regulatory flexibility importers, exporters, producers, and least 30 days prior to their effective analysis that describes the effect of a customs brokers. date. This rule is exempt from APA proposed rule on small entities (i.e., The information collection rulemaking requirements pursuant to 5 small businesses, small organizations, requirements will result in the following U.S.C. 553(a)(1) as a foreign affairs and small governmental jurisdictions) estimated burden hours: function of the United States because it when the agency is required to publish is promulgating several of the U.S. a general notice of proposed rulemaking Free Trade Agreements domestic regulations necessary to for a rule. Since a notice of proposed Estimated Number of Annual implement the preferential tariff rulemaking is not necessary for this Respondents: 4,699,460. treatment and customs related rule, CBP is not required to prepare a Estimated Number of Annual provisions of the USMCA, which is a regulatory flexibility analysis for this Responses per Respondent: 1.00034. trilateral agreement negotiated between rule. Estimated Total Annual Responses: the United States, Mexico, and Canada. D. Paperwork Reduction Act 4,701,060. However, CBP is soliciting comments on Estimated Time per Response: 2 The collection of information in this this IFR and will consider all comments hours. document has been approved by OMB received before issuing a final rule. Estimated Total Annual Burden in accordance with the Paperwork For the same reasons, a delayed Hours: 9,402,120. effective date is not required under 5 Reduction Act (44 U.S.C. 3507) under U.S.C. 553(d)(3). The USMCA entered OMB control numbers 1651–0117, NAFTA Certificate of Origin into force on July 1, 2020. CBP provided 1651–0098, and 1651–0023. An agency Estimated Number of Annual guidance to the public on how to may not conduct or sponsor, and a Respondents: 13,000. comply with the requirements of the person is not required to respond to, a Estimated Number of Annual USMCA by posting on the CBP website, collection of information unless it Responses per Respondent: 1. available at https://www.cbp.gov/trade/ displays a valid control number Estimated Total Annual Responses: priority-issues/trade-agreements/free- assigned by OMB. The collections of 13,000. trade-agreements/USMCA, the U.S. information and recordkeeping Estimated Time per Response: 2 USMCA Implementing Instructions, requirements related to this rule have hours. which were issued on March 25, 2020 been approved by OMB under an Estimated Total Annual Burden and updated on June 30, 2020. The emergency revision and extension of Hours: 26,000. provisions of this IFR codify several of collection number 1651–0117 (Free these Implementing Instructions. A Trade Agreements), an emergency NAFTA Questionnaire delayed effective date would cause revision of collection number 1651– Estimated Number of Annual additional confusion and would be 0098 (NAFTA Regulations and Respondents: 400. impractical, unnecessary, and contrary Certificate of Origin), and an emergency Estimated Number of Annual to public interest. revision and extension of collection Responses per Respondent: 1. number 1651–0023 (CBP Form 28 Estimated Total Annual Responses: B. Executive Orders 13563 and 12866 Request For Information). The revision 400. Executive Orders 13563 and 12866 of collection number 1651–0117 is Estimated Time per Response: 2 direct agencies to assess the costs and necessary for CBP to collect the hours. benefits of available regulatory information needed to implement the Estimated Total Annual Burden alternatives and, if regulation is USMCA. The revision of collection Hours: 800.
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NAFTA Motor Vehicle Averaging List of Subjects ■ a. In the beginning of the second Election sentence, remove the word ‘‘These’’ and 19 CFR Part 10 add in its place the words ‘‘Under Estimated Number of Annual Bonds, Exports, Imports, Reporting Respondents: 11. NAFTA, these’’; and and recordkeeping requirements, Trade ■ b. Add a new third sentence. Estimated Number of Annual agreements. Responses per Respondent: 1.28. The addition reads as follows: Estimated Total Annual Responses: 19 CFR Part 102 § 102.0 Scope. * * * The rules set forth in 14. Canada, Mexico, Reporting and §§ 102.1 through 102.18 and 102.20 also Estimated Time per Response: 1 hour. recordkeeping requirements, Trade determine the country of origin for marking Estimated Total Annual Burden agreements. purposes of imported goods under the Hours: 14. Agreement Between the United States of 19 CFR Part 132 America, the United Mexican States, and CBP Form 28 Request for Information Canada (USMCA). * * * Imports. Estimated Number of Annual * * * * * Respondents: 62,000. 19 CFR Part 134 ■ 5. In § 102.1: Estimated Number of Annual Labeling, Packaging and containers. ■ a. Paragraph (a) is amended by Responses per Respondent: 1. removing the reference to ‘‘(m)(5), 19 CFR Part 163 Estimated Total Annual Responses: (m)(6), and (m)(7)’’ and adding in its 62,000. Administrative practice and place the reference to ‘‘(n)(5), (n)(6), and Estimated Time per Response: 2 procedure, Exports, Imports, Penalties, (n)(7)’’; hours. Reporting and recordkeeping ■ b. Paragraph (i) is amended by Estimated Total Annual Burden requirements. removing the reference to ‘‘(m)(5), Hours: 124,000. 19 CFR Part 182 (m)(6), and (m)(7)’’ and adding in its Comments concerning the collection place the reference to ‘‘(n)(5), (n)(6), and of information and the accuracy of the Administrative practice and (n)(7)’’; estimated annual burden, and procedure, Canada, Exports, Mexico, ■ c. Paragraphs (l) through (p) are suggestions for reducing that burden, Reporting and recordkeeping redesignated as paragraphs (m) through should be directed to the Office of requirements, Trade agreements. (q); Management and Budget, Attention: 19 CFR Part 190 ■ d. A new paragraph (l) is added; Desk Officer for Customs and Border ■ e. In redesignated paragraph (q)(1), Protection, Department of Homeland Alcohol and alcoholic beverages, add the words ‘‘under NAFTA’’ after the Security, Office of Information and Claims, Exports, Foreign trade zones, word ‘‘good’’; Regulatory Affairs, Washington, DC Guantanamo Bay Naval Station, Cuba, ■ f. In redesignated paragraph (q)(2), 20503. A copy should also be sent to the Packaging and containers, Reporting add the words ‘‘under NAFTA’’ after the Trade and Commercial Regulations and recordkeeping requirements, Trade word ‘‘material’’; and Branch, Regulations and Rulings, U.S. agreements. ■ g. Add paragraph (q)(3). Customs and Border Protection, 90 K For the reasons stated above, amend The additions read as follows: Street NE, 10th Floor, Washington, DC parts 10, 102, 132, 134, 163, 182, and 20229–1177. Comments are specifically 190 of title 19 of the Code of Federal § 102.1 Definitions. welcome on (a) whether the proposed Regulations as set forth below. * * * * * collection of information is necessary (l) Inventory management method. for the proper performance of the PART 10—ARTICLES CONDITIONALLY ‘‘Inventory management method’’ mission of the agencies, and whether FREE, SUBJECT TO A REDUCED means: the information will have practical RATE, ETC. (1) Averaging; (2) ‘‘Last-in, first-out;’’ utility; (b) the accuracy of the estimate ■ 1. The general authority citation for (3) ‘‘First-in, first-out;’’ or of the burden of the collections of part 10 is revised to read as follows: information; (c) ways to enhance the (4) Any other method that is quality, utility, and clarity of the Authority: 19 U.S.C. 66, 1202 (General recognized in the Generally Accepted information collection; (d) ways to Note 3(i), Harmonized Tariff Schedule of the Accounting Principles (GAAP) of the United States (HTSUS)), 1321, 1481, 1484, country in which the production is minimize the burden of the information 1498, 1508, 1623, 1624, 4513. collection, including through the use of performed or is otherwise accepted by automated collection techniques or § 10.8 [Amended] that country. other forms of information technology; ■ 2. In § 10.8(a)(2) amend the * * * * * and (e) estimates of capital or start-up declaration by adding the words (q) * * * costs and costs of operation, ‘‘(unless subject to USMCA drawback)’’ (3) In the case of a good or material maintenance, and purchase of services after the words ‘‘without the benefit of under the USMCA, its customs value or to maintain the information. Comments drawback.’’ transaction value within the meaning of should be received on or before Appendix A to part 182 of this chapter. September 7, 2021. PART 102—RULES OF ORIGIN § 102.11 [Amended] V. Signing Authority ■ 3. The general authority citation for ■ 6. Amend § 102.11(b)(2) by removing This rulemaking is being issued in part 102 is revised to read as follows: the phrase ‘‘provided under the accordance with 19 CFR 0.1(a)(1), Authority: 19 U.S.C. 66, 1202 (General appendix to part 181 of this chapter’’. pertaining to the authority of the Note 3(i), Harmonized Tariff Schedule of the § 102.12 [Amended] Secretary of the Treasury (or that of his United States), 1624, 3592, 4513. or her delegate) to approve regulations ■ 7. Amend § 102.12(b) by removing the related to certain customs revenue § 102.0 [Amended] phrase ‘‘provided under the appendix to functions. ■ 4. Amend § 102.0 as follows: part 181 of the Customs Regulations’’.
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§ 102.19 [Amended] ■ c. In paragraph (g): ■ c. In paragraph (e)(1), add the words ■ 8. In § 102.19, add paragraph (c) to ■ i. Add the words ‘‘or USMCA’’ after ‘‘or USMCA’’ after the term ‘‘NAFTA’’. read as follows: the term ‘‘NAFTA’’ in the paragraph heading; § 134.23 [Amended] § 102.19 NAFTA preference override. ■ ii. Add the words ‘‘or USMCA’’ after ■ 14. Amend § 134.23(a) by adding the * * * * * the words ‘‘good of a NAFTA’’; and words ‘‘or USMCA’’ after the term (c) Paragraphs (a) and (b) of this ■ iii. Remove the words ‘‘NAFTA ‘‘NAFTA’’ in the first sentence. section apply only to goods entered for Marking Rules’’ and add in their place consumption, or withdrawn from the words ‘‘part 102 Rules’’; § 134.24 [Amended] warehouse for consumption, prior to ■ e. Add a second sentence to paragraph ■ 15. Amend § 134.24 by adding the July 1, 2020. (h); words ‘‘or USMCA’’ after the term ■ f. Revise paragraph (i); ‘‘NAFTA’’ each place it appears. PART 132—QUOTAS ■ g. Revise paragraph (j); and ■ h. Add paragraph (l). § 134.32 [Amended] ■ 9. The general and specific authority The revisions and additions read as ■ citations for part 132 continue to read as 16. Amend § 134.32 as follows: follows: ■ follows: a. In paragraph (h), add the words ‘‘or § 134.1 Definitions. USMCA’’ after the term ‘‘NAFTA’’; Authority: 19 U.S.C. 66, 1202 (General ■ b. In paragraph (p), add the words ‘‘or Note 3(i), Harmonized Tariff Schedule of the * * * * * USMCA’’ after the term ‘‘NAFTA’’; and United States (HTSUS)), 1623, 1624. (b) * * * Further work or material ■ Sections 132.15, 132.17, and 132.18 also c. In paragraph (q), add the words ‘‘or added to an article in another country USMCA’’ after the term ‘‘NAFTA’’. issued under 19 U.S.C. 1202 (additional U.S. must effect a substantial transformation Note 3 to Chapter 2, HTSUS; additional U.S. § 134.35 [Amended] Note 8 to Chapter 17, HTSUS; and in order to render such other country subchapter II of Chapter 99, HTSUS, the ‘‘country of origin’’ within the ■ 17. Amend § 134.35 as follows: meaning of this part; however, for a respectively), 1484, 1508. ■ a. In paragraph (a), add the words ‘‘or good of a NAFTA or USMCA country, USMCA’’ after the term ‘‘NAFTA’’ in the § 132.17 [Amended] the marking rules set forth in part 102 paragraph heading; ■ of this chapter (hereinafter referred to as 10. Amend § 132.17 by revising the ■ b. In paragraph (b): the part 102 Rules) will determine the first sentence of paragraph (a) to read as ■ i. Add the words ‘‘or USMCA’’ after country of origin. follows: the term ‘‘NAFTA’’ in the paragraph (a) * * * For sugar-containing * * * * * heading; products defined in 15 CFR 2015.2(a), (h) * * * NAFTA is not applicable to ■ ii. Add the words ‘‘or USMCA’’ after and as described in paragraph 15 of goods entered for consumption, or the words ‘‘goods of a NAFTA’’ in the Appendix 2, Tariff Schedule of the withdrawn from warehouse for first sentence; and United States—(Tariff Rate Quotas), to consumption, on or after July 1, 2020. ■ iii. Remove the words ‘‘NAFTA Annex 2–B of Chapter 2 of the (i) NAFTA or USMCA country. Marking Rules’’ and add in their place Agreement Between the United States of ‘‘NAFTA or USMCA country’’ means the words ‘‘part 102 Rules’’. America, the United Mexican States, the territory of the United States, and Canada (USMCA), for which Canada or Mexico, as defined in Annex § 134.43 [Amended] preferential tariff treatment is claimed 201.1 of NAFTA and Chapter 1, Section ■ 18. Amend § 134.43 by adding the under the USMCA, and that are C of the USMCA. words ‘‘or USMCA’’ after the term products of a participating country, as (j) Part 102 Rules. ‘‘Part 102 Rules’’ ‘‘NAFTA’’ in each place it appears. defined in 15 CFR 2015.2(e), the are the rules promulgated for purposes importer must possess a valid export of determining whether a good is a good § 134.45 [Amended] certificate in order to claim the in-quota of a NAFTA country, as set forth in part ■ 19. Amend § 134.45(a)(2) by adding tariff rate of duty on the products at the 102 of this chapter. The rules also apply the words ‘‘or USMCA’’ after the term time they are entered or withdrawn to determine the country of origin for ‘‘NAFTA’’. from warehouse for consumption. * * * marking purposes for goods imported * * * * * under the USMCA. PART 163—RECORDKEEPING * * * * * PART 134—COUNTRY OF ORIGIN (l) USMCA. ‘‘USMCA’’ means the ■ 20. The general and specific authority MARKING Agreement Between the United States of citations for part 163 continue to read as America, the United Mexican States, follows: ■ 11. The general authority citation for and Canada (USMCA), entered into part 134 continues to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, force by the United States, Canada and 1484, 1508, 1509, 1510, 1624. Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 Mexico on July 1, 2020. Section 163.2 also issued under 19 U.S.C. (General Note 3(i), Harmonized Tariff 3904, 3907. Schedule of the United States), 1304, 1624. § 134.22 [Amended] § 163.0 [Amended] ■ 12. Amend § 134.1 as follows: ■ 13. Amend § 134.22 as follows: ■ a. Revise the second sentence of ■ a. In paragraph (b), add the words ‘‘or ■ 21. Amend § 163.0 as follows: paragraph (b); USMCA’’ after the term ‘‘NAFTA’’; ■ a. Add the words ‘‘and the Agreement ■ b. In paragraph (d), add the words ‘‘or ■ b. In paragraph (d)(2): Between the United States of America, USMCA’’ after the words ‘‘good of a ■ i. Add the words ‘‘or USMCA’’ after the United Mexican States, and Canada NAFTA’’ each place it appears and the term ‘‘NAFTA’’ in the paragraph (USMCA)’’ after the words ‘‘North remove the words ‘‘NAFTA Marking heading; and American Free Trade Agreement’’; Rules’’ each place they appear and add ■ ii. Add the words ‘‘or USMCA’’ after ■ b. Add the words ‘‘and 182’’ after the in their place the words ‘‘part 102 the term ‘‘NAFTA’’ in the first sentence; number ‘‘181’’. Rules’’; and ■ 22. Amend § 163.2(c) by:
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■ a. Adding the words ‘‘and producers’’ Commercial importation means the relevant to a determination of origin of after the word ‘‘exporters’’ in the importation of a good into the United those goods; paragraph heading; States, Canada, or Mexico for the Importer means an importer located ■ b. Redesignating paragraph (c)(2) as purpose of sale, or any commercial, in the territory of a USMCA country and paragraph (c)(3); industrial, or other like use. an importer required under this part to ■ c. Adding a new paragraph (c)(2). Customs duty includes a duty or maintain records regarding importations The addition reads as follows: charge of any kind imposed on or in of a good; connection with the importation of a Indirect material means a material § 163.2 Persons required to maintain good, and any surtax or surcharge used or consumed in the production, records. imposed in connection with such testing, or inspection of a good but not * * * * * importation, but does not include any: physically incorporated into the good, (c) * * * (1) Charge equivalent to an internal or a material used or consumed in the (2) USMCA. Any exporter or producer tax imposed consistently with Article maintenance of buildings or the who completes a certification of origin III:2 of the GATT 1994; operation of equipment associated with or a producer who provides a written (2) Fee or other charge in connection the production of a good, including: representation for a good exported from with the importation commensurate (1) Fuel and energy, (2) Tools, dies, and molds, the United States to Canada or Mexico with the cost of services rendered; pursuant to the Agreement Between the (3) Spare parts and materials used or (3) Antidumping or countervailing consumed in the maintenance of United States of America, the United duty; and Mexican States, and Canada (USMCA) equipment or buildings, (4) Premium offered or collected on (4) Lubricants, greases, compounding must maintain records in accordance an imported good arising out of any materials and other materials used or with part 182 of this chapter. tendering system in respect of the consumed in production or used to * * * * * administration of quantitative import operate equipment or buildings, restrictions, tariff-rate quotas, or tariff (5) Gloves, glasses, footwear, clothing, PART 182—UNITED STATES-MEXICO- preference levels; safety equipment, and supplies, CANADA AGREEMENT Customs Valuation Agreement means (6) Equipment, devices and supplies the Agreement on Implementation of used or consumed for testing or ■ 23. The general and specific authority Article VII of the General Agreement on inspecting the goods, citations for part 182 are revised to read Tariffs and Trade 1994, set out in (7) Catalysts and solvents, and as follows: Annex 1A to the WTO Agreement; (8) Any other material that is not Authority: 19 U.S.C. 66, 1202 (General Days means calendar days, and incorporated into the good but if the use Note 3(i) and General Note 11, Harmonized includes Saturdays, Sundays and in the production of the good can Tariff Schedule of the United States holidays; reasonably be demonstrated to be a part (HTSUS)), 1624, 4513, 4535; Enterprise means an entity of that production; Section 182.1 also issued under 19 U.S.C. Material means a good that is used in 4502; constituted or organized under applicable law, whether or not for the production of another good, and Subpart D also issued under 19 U.S.C. includes a part or ingredient; 1520(d); profit, and whether privately-owned or Subpart E also issued under 19 U.S.C. governmentally-owned or controlled, Mexico, when used in a geographical 4534; including a corporation, trust, rather than governmental context, Subpart 182.61 also issued under 19 U.S.C. partnership, sole proprietorship, joint means the ‘‘Territory’’ of Mexico as 4531, 4532; venture, association or similar defined in Appendix A to this part; Originating, when used with regard to Subpart G also issued under 19 U.S.C. organization; a good or material, means a good or 4533. Exporter means an exporter located in material qualifying as originating under the territory of a USMCA country and Subpart A—General Provisions the rules of origin set forth in General an exporter required under this part to Note 11, HTSUS, and in Appendix A to ■ maintain records regarding exportations 24. Add § 182.1 to read as follows: this part; of a good; § 182.1 General definitions. Person means a natural person or an GATT 1994 means the General enterprise; The definitions applicable to rules of Agreement on Tariffs and Trade 1994, Post-importation duty refund claim origin are contained in Appendix A. set out in Annex 1A to the WTO means a claim filed by the importer of This section sets forth the general Agreement; a good for a refund of any excess definitions used throughout this part. Goods means merchandise, product, customs duties at any time within one As used in this part, the following terms article, or material; year after the date of importation of the will have the meanings indicated unless Goods of a USMCA country means good where the good would have either the context in which they are domestic products as these are qualified as an originating good when it used requires a different meaning or a understood in the GATT 1994 or such was imported into the United States but different definition is prescribed for a goods as the USMCA country may agree, no claim for preferential tariff treatment particular section of this part: and includes originating goods of a was made. Canada, when used in a geographical USMCA country; Preferential tariff treatment means the rather than governmental context, HTSUS means the Harmonized Tariff customs duty rate applicable under the means the ‘‘Territory’’ of Canada as Schedule of the United States as USMCA to an originating good; defined in Appendix A to this part; promulgated by the U.S. International Producer means a person who engages Claim for preferential tariff treatment Trade Commission; in the production of a good; means a claim that a good is entitled to Identical goods means goods that are Series of importations means two or the customs duty rate applicable under the same in all respects, including more customs entries covering a good the USMCA to an originating good and physical characteristics, quality, and arriving the same day from the same to an exemption from the merchandise reputation, irrespective of minor exporter and consigned to the same processing fee; differences in appearance that are not person;
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United States, when used in a tariff treatment, including an exemption and does not know the identity of the geographical rather than governmental from the merchandise processing fee, exporter; context, means the territory of the based on a written or electronic (iv) The producer’s name, address United States as defined in Appendix A certification of origin, as specified in (including country), email address, and to this part; § 182.12, completed by the importer, telephone number, if different from the Used means used or consumed in the exporter, or producer for the purpose of certifier or exporter; or if there are production of a good; certifying that a good qualifies as an multiple producers, ‘‘Various’’ or a list USMCA means the Agreement originating good. of producers (see also paragraph (c) of between the United States of America, (b) Making a claim. The claim is made this section); the United Mexican States, and Canada, by including on the entry summary, or (v) If known, the importer’s name, entered into force by the United States, equivalent documentation, or by the address, email address, and telephone Canada and Mexico on July 1, 2020. method specified for equivalent number; or if there are multiple USMCA country means a Party to the reporting via a CBP-authorized importers, ‘‘Various’’ or a list of USMCA; electronic data interchange system, the importers; Value means the value of a good or letters ‘‘S’’ or ‘‘S+’’ as a prefix to the (vi) The legal name, address material for the purpose of calculating subheading of the HTSUS under which (including country), telephone number, customs duties or for the purpose of each originating good is classified. and email address (if any) of the applying this part; (c) Corrected claim. If, after making responsible official or authorized agent WTO means the World Trade of the importer, exporter, or producer Organization; and the claim specified in paragraph (b) of this section, the importer has reason to signing the certification; WTO Agreement means the (vii) A description of the good for Marrakesh Agreement Establishing the believe that the certification of origin is based on inaccurate information or is which preferential tariff treatment is World Trade Organization done at claimed, which must be sufficiently Marrakesh on April 15, 1994. otherwise invalid, the importer must promptly and voluntarily correct the detailed to relate it to the invoice and ■ 25. Add § 182.2 to subpart A to read the Harmonized System (HS) as follows: claim or certification of origin, pay any duties that may be due, and submit a nomenclature; § 182.2 Confidentiality. statement either in writing to the CBP (viii) The HTSUS tariff classification, to six or more digits, as necessary for the (a) Maintaining confidentiality. office where the original claim was filed specific change in tariff classification Subject to paragraph (b) of this section, or via a CBP-authorized electronic data rule for the good set forth in General CBP must maintain the confidentiality interchange system in accordance with § 182.124 of this part (see §§ 182.122 Note 11, HTSUS; of the information that it receives from (ix) The applicable rule of origin set and 182.124 of this part). the public when the information is forth in General Note 11, HTSUS, under considered trade secrets under the ■ 27. Add § 182.12 to read as follows: which the good qualifies as an Trade Secrets Act (18 U.S.C. 1905), § 182.12 Certification of origin. originating good; personally identifiable information (x) In the case of a good listed in under the Privacy Act (5 U.S.C. 552a), (a) General. An importer who makes Schedule II of Appendix A of this part, or privileged or confidential commercial a claim, pursuant to § 182.11(b), based the following statement must be or financial information. This on a certification of origin completed by included: ‘‘Schedule II of the USMCA information must be maintained as the importer, exporter, or producer that Rules of Origin Uniform Regulations’’; confidential in accordance with part 103 the good is originating must submit, at (xi) If the certification of origin covers of this chapter, 6 CFR part 5, and all the request of CBP, a copy of the a single shipment of a good, the invoice other applicable statutes and certification of origin. The certification number related to the exportation, if regulations. of origin: known; (b) Authorized disclosures. CBP may (1) Need not be in a prescribed format (xii) In case of a blanket certification only disclose the confidential but must be in writing or must be issued with respect to multiple information in paragraph (a) of this transmitted electronically pursuant to shipments of identical goods within any section to third parties and to other any electronic means authorized by CBP period specified in the certification of USMCA countries for purposes of for that purpose; origin, not exceeding 12 months from administration or enforcement of the (2) May be provided on an invoice or the date of certification, the period that customs laws or if otherwise authorized any other document, except an invoice the certification covers; and by law, and pursuant to the routine uses or commercial document issued in the (5) Must include the following of the systems of record notices (SORNs) territory of a non-USMCA country; statement: ‘‘I certify that the goods for the trade systems maintained by (3) Must be in the possession of the described in this document qualify as CBP. This does not preclude the importer at the time the claim for originating and the information disclosure of confidential information to preferential tariff treatment is made; contained in this document is true and U.S. government authorities responsible (4) Must include the following accurate. I assume responsibility for for the administration and enforcement information to be valid: proving such representations and agree of USMCA requirements, such as the (i) Whether the certifier is the to maintain and present upon request or Department of Labor, and of customs importer, exporter, or producer in to make available during a verification and revenue matters. accordance with this subpart; visit, documentation necessary to (ii) The certifier’s name, title, address support this certification.’’ Subpart B—Import Requirements (including country), telephone number, (b) Address. For the purposes of the ■ 26. Add § 182.11 to read as follows: and email address; certification of origin provided for in (iii) The exporter’s name, address paragraph (a) of this section: § 182.11 Filing of claim for preferential (including country), email address, and (1) The address of the exporter tariff treatment upon importation. telephone number if different from the provided under paragraph (a)(4)(iii) is (a) Basis of claim. An importer may certifier, unless the producer is the place of export of the good in a make a claim for USMCA preferential completing the certification of origin USMCA country’s territory;
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(2) The address of a producer four years following the date on which that for that importation the importer provided under paragraph (a)(4)(iv) is it was completed. must submit to CBP a copy of the the place of production of the good in ■ 28. Add § 182.13 to read as follows: certification of origin. The importer a USMCA country’s territory; and must submit such a copy within 30 days (3) The address of the importer § 182.13 Importer obligations. from the date of the notice. Failure to provided under paragraph (a)(4)(v) must (a) General. An importer who makes timely submit a copy of the certification be in a USMCA country’s territory. a claim for USMCA preferential tariff of origin will result in denial of the (c) Confidentiality of producer treatment: claim for preferential tariff treatment. information. For the purposes of the (1) Will be deemed to have made a ■ 30. Add § 182.15 to read as follows: information provided under paragraph statement based on a valid certification (a)(4)(iv) of this section, a person that of origin that the good qualifies as an § 182.15 Maintenance of records. wishes for this information to remain originating good; (a) General. An importer claiming confidential may state ‘‘Available upon (2) Is responsible for the truthfulness USMCA preferential tariff treatment for request by the importing authorities.’’ of the claim and of all the information a good must maintain for a minimum of (d) Responsible official or agent. The and data contained in the certification five years from the date of importation certification of origin provided for in of origin provided for in § 182.12; and of the good, all records and documents paragraph (a) of this section must be (3) Is responsible for submitting that the importer has demonstrating that signed and dated by a responsible supporting documents requested by the good qualifies for preferential tariff official of the importer, exporter, or CBP, and for the truthfulness of the treatment under the USMCA, including producer, or by the importer’s, information contained in those the certification of origin and records exporter’s, or producer’s authorized documents. When a certification of related to transit and transshipment. agent having knowledge of the relevant origin prepared by an exporter or These records are in addition to any facts. producer forms the basis of a claim for other records that the importer is (e) Language. The certification preferential tariff treatment and CBP required to prepare, maintain, or make provided for in paragraph (a) of this requests the submission of supporting available to CBP under part 163 of this section must be completed in English, documents, the importer will provide to chapter. French, or Spanish. If the certification of CBP, or arrange for the direct (b) Method of maintenance. The origin is not in English, CBP may submission by the exporter or producer records and documents referred to in require the importer to submit an of, information relied on by the exporter paragraph (a) of this section must be English translation of the certification. or producer in preparing the maintained by importers as provided in (f) Basis of a certification of origin. (1) certification. § 163.5 of this chapter. A certification of origin may be (b) Exemption from penalties. An ■ 31. Add § 182.16 to read as follows: completed by the importer, exporter, or importer will not be subject to civil or producer of the good on the basis of: administrative penalties under 19 U.S.C. § 182.16 Effect of noncompliance; failure 1592 for making an incorrect claim for to provide documentation regarding (i) The certifier of the certification of transshipment. origin of the good having information, preferential tariff treatment or (a) General. If the importer fails to including documents, that demonstrate submitting an incorrect certification of comply with applicable requirements that the good is originating; or origin, provided that the importer (ii) In the case of an exporter who is promptly and voluntarily corrects the under this subpart, including not the producer of the good, reasonable claim or certification of origin, pays any submission of a complete certification of reliance on the producer’s written duties and merchandise processing fees, origin prepared in accordance with representation, such as in a certification if applicable, that may be due, and §§ 182.12 and 182.14, when requested, of origin, that the good is originating. submits a statement either in writing or CBP may deny preferential tariff (2) CBP may not require that an via a CBP-authorized electronic data treatment to the imported good. (b) Failure to provide documentation exporter or producer complete a interchange system to the CBP office regarding transshipment. Where the certification of origin, or provide a where the original claim was filed in requirements for preferential tariff certification of origin or written accordance with § 182.124 (see treatment set forth elsewhere in this representation to another person. §§ 182.122 and 182.124). subpart are met, CBP nevertheless may (g) Applicability of certification of ■ 29. Add § 182.14 to read as follows: origin. The certification of origin deny preferential tariff treatment to an provided for in paragraph (a) of this § 182.14 Certification of origin not originating good if the good is section may be applicable to: required. transported outside the territories of the (1) A shipment of goods into the (a) General. Except as otherwise USMCA countries, and at the request of United States, which may consist of: provided in paragraph (b) of this CBP, the importer of the good does not (i) A single shipment of goods that section, an importer will not be required provide evidence demonstrating to the results in the filing of one or more to submit a copy of a certification of satisfaction of CBP that the transit and entries; or origin under § 182.12 for: transshipment conditions set forth in (ii) More than one shipment of goods (1) A non-commercial importation of Appendix A of this part were met. that results in the filing of one entry. a good; or (2) Multiple shipments of identical (2) A commercial importation for Subpart C—Export Requirements goods into the United States that occur which the value of the originating goods ■ 32. Add § 182.21 to read as follows: within a specified blanket period, not does not exceed $2,500 in U.S. dollars. exceeding 12 months, set out in the (b) Exception. If CBP determines that § 182.21 Certification of origin for goods certification. an importation described in paragraph exported to Canada or Mexico. (h) Validity of certification of origin. (a) of this section is part of a series of (a) Submission of certification of A certification of origin that is properly importations carried out or planned for origin to CBP. An exporter or producer completed, signed, and dated in the purpose of evading compliance with who completes a certification of origin accordance with the requirements of the certification requirements of for a good exported from the United this section will be accepted as valid for § 182.12, CBP will notify the importer States to Canada or Mexico must
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provide a copy of the certification of § 182.31 Right to make post-importation (b) Pending protest, petition, or origin (written or electronic) to CBP claim for preferential tariff treatment and request for reliquidation or judicial upon request. refund duties. review. If CBP determines that any (b) Notification of errors in Notwithstanding any other available protest, petition, or request for certification of origin. An exporter or remedy, where a good would have reliquidation relating to the good has producer who completes a certification qualified as an originating good when it not been finally decided, CBP will of origin for a good exported from the was imported into the United States but suspend action on the claim filed under United States to Canada or Mexico and no claim for preferential tariff treatment § 182.32 until the decision on the who has reason to believe that the was made, the importer of that good protest, petition, or request for certification contains or is based on may file a claim for a refund of any reliquidation becomes final. If a incorrect information must promptly excess customs duties at any time summons involving the tariff and voluntarily notify every person, in within one year after the date of classification or dutiability of the good writing, to whom the certification was importation of the good in accordance is filed in the Court of International provided of any change that could affect with 19 U.S.C. 1520(d) and the Trade, CBP will suspend action on the the accuracy or validity of the procedures set forth in § 182.32. Unless claim filed under § 182.32 until judicial certification. Notification of an incorrect the importer fails to comply with the review has been completed. certification must also be given either in applicable requirements in this part, (c) Allowance of claim—(1) writing or via a CBP-authorized CBP may refund any excess customs Unliquidated entry. If CBP determines electronic data interchange system to duties by liquidation or reliquidation of that a claim for a refund filed under § 182.32 should be allowed and the CBP specifying the correction in the entry covering the good in entry covering the good has not been accordance with § 182.124 (see accordance with § 182.33. liquidated, CBP will take into account §§ 182.123 and 182.124). ■ 34. Add § 182.32 to read as follows: the claim for refund in connection with (c) Maintenance of records—(1) § 182.32 Filing procedures. the liquidation of the entry. General. An exporter or producer who (a) Place of filing. A post-importation (2) Liquidated entry. If CBP completes a certification of origin or a claim for a refund must be filed with determines that a claim for a refund producer who provides a written CBP, either at the port of entry or filed under § 182.32 should be allowed representation for a good exported from electronically. and the entry covering the good has the United States to Canada or Mexico (b) Contents of claim. A post- been liquidated, whether or not the must maintain, for a period of at least importation claim for a refund must be liquidation has become final, the entry five years after the date the certification filed by presentation of the following: must be reliquidated in order to effect was completed, all records and (1) A written or electronic declaration a refund of customs duties under this supporting documents relating to the or statement stating that the good was section. If the entry is otherwise to be origin of a good for which the an originating good at the time of reliquidated based on administrative certification of origin was completed, importation and setting forth the review of a protest or as a result of including the certification or copies number and date of the entry or entries judicial review, CBP will reliquidate the thereof and records and documents covering the good; entry taking into account the claim for associated with: (2) A copy of a written or electronic refund under § 182.32. (i) The purchase, cost, value, and certification of origin prepared in (d) Denial of claim—(1) General. CBP shipping of, and payment for, the good accordance with § 182.12 demonstrating may deny a claim for a refund filed or material; that the good qualifies for preferential under § 182.32 if the claim was not filed (ii) The purchase, cost, value, and tariff treatment; timely, if the importer has not complied shipping of, and payment for, all (3) A written statement indicating with the requirements of § 182.32 or the materials, including indirect materials, whether the importer of the good other applicable requirements in this used in the production of the good or provided a copy of the entry summary part, or if, following an origin material; and or equivalent documentation to any verification, CBP determines either that other person. If such documentation the imported good was not an (iii) The production of the good in the was so provided, the statement must originating good at the time of form in which the good is exported or identify each recipient by name, CBP importation or that a basis exists upon the production of the material in the identification number, and address and which preferential tariff treatment may form in which it was sold. must specify the date on which the be denied. (2) Method of maintenance. The documentation was provided; and (2) Unliquidated entry. If CBP records referred to in paragraph (c) of (4) A written statement indicating determines that a claim for a refund this section must be maintained as whether or not any person has filed a filed under § 182.32 should be denied provided in § 163.5 of this chapter. protest, petition, or request for and the entry covering the good has not (3) Availability of records. For reliquidation; and if any such protest, been liquidated, CBP will deny the purposes of determining compliance petition, or request for reliquidation has claim in connection with the liquidation with the provisions of this part, the been filed, the statement must identify of the entry, and notice of the denial records required to be maintained under the filing by number and date. and the reason for the denial will be this section must be stored and made ■ 35. Add § 182.33 to read as follows: provided to the importer in writing or available for examination and via a CBP-authorized electronic data inspection by a CBP official in the same § 182.33 CBP processing procedures. interchange system. manner as provided in part 163 of this (a) Status determination. After receipt (3) Liquidated entry. If CBP chapter. of a post-importation claim made determines that a claim for a refund pursuant to § 182.32, CBP will filed under § 182.32 should be denied Subpart D—Post-Importation Duty determine whether the entry covering and the entry covering the good has Refund Claims the good has been liquidated and, if been liquidated, whether or not the liquidation has taken place, whether the liquidation has become final, the claim ■ 33. Add § 182.31 to read as follows: liquidation has become final. may be denied without reliquidation of
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the entry. If the entry is otherwise to be 1313(j)(2) on goods exported to Canada 1313(b), on which the amount of reliquidated based on administrative or Mexico. drawback payable is based on the lesser review of a protest, petition, or request ■ 38. Add § 182.43 to read as follows: amount of the customs duties paid on for reliquidation or as a result of judicial the good either to the United States or review, such reliquidation may include § 182.43 Eligible goods subject to USMCA to Canada or Mexico, the amount of denial of the claim filed under this drawback. drawback is the same as that which subpart. In either case, CBP will provide Except as otherwise provided in this would have been allowed had the notice of the denial and the reason for subpart, drawback is authorized for an substituted merchandise used in the denial to the importer in writing or imported good that is entered for manufacture been itself imported. via a CBP-authorized electronic data consumption and is: (1) General. For purposes of drawback interchange system. (a) Subsequently exported to Canada under this subpart, the term ‘‘same kind or Mexico (see 19 U.S.C. 1313(j)(1)); and quality’’ has the same meaning as Subpart E—Restrictions on Drawback (b) Used as a material in the the 8-digit HTSUS substitution standard and Duty-Deferral Programs production of another good that is established in 19 U.S.C. 1313(b)(1) (see subsequently exported to Canada or ■ §§ 190.2 and 190.22(a)(1)(i) of this 36. Add § 182.41 to read as follows: Mexico (see 19 U.S.C. 1313(a)); or chapter). (c) Substituted by a good of the same (2) Special rule for sought chemical § 182.41 Applicability. kind and quality as defined in elements. For purposes of drawback This subpart sets forth the provisions § 182.44(d) and used as a material in the under this subpart, for sought chemical regarding drawback claims and duty- production of another good that is elements, the term ‘‘same kind and deferral programs under Article 2.5 of subsequently exported to Canada or quality’’ has the same meaning as the 8- the USMCA and applies to any good Mexico (see 19 U.S.C. 1313(b)). digit HTSUS substitution standard that is a ‘‘good subject to USMCA ■ 39. Add § 182.44 to read as follows: drawback’’ within the meaning of 19 established in 19 U.S.C. 1313(b)(4) (see U.S.C. 4534. The provisions of this § 182.44 Calculation of drawback. § 190.22(a)(2) of this chapter). subpart apply to goods which are (a) General. Except in the case of (e) Meats cured with imported salt. entered for consumption, or withdrawn goods specified in § 182.45, drawback of Meats, whether packed or smoked, from warehouse for consumption, into the duties previously paid upon which have been cured with imported the United States on or after July 1, importation of a good into the United salt may be eligible for drawback in 2020. The requirements and procedures States may be granted by the United aggregate amounts of not less than $100 set forth in this subpart for USMCA States, upon presentation of a USMCA in duties paid on the imported salt upon drawback are in addition to the general drawback claim under this subpart, on exportation of the meats to Canada or definitions, requirements, and the lower amount of: Mexico (see 19 U.S.C. 1313(f)). procedures for all drawback claims set (1) The total duties paid or owed on (f) Jet aircraft engines. A foreign-built forth in part 190 of this chapter, unless the good in the United States; or jet aircraft engine that has been otherwise specifically provided in this (2) The total amount of duties paid on overhauled, repaired, rebuilt, or subpart. Also, the requirements and the exported good upon subsequent reconditioned in the United States with procedures set forth in this subpart for importation into Canada or Mexico. the use of imported merchandise, USMCA duty-deferral programs are in (b) Individual relative value and duty including parts, may be eligible for addition to the requirements and comparison principle. For purposes of drawback of duties paid on the procedures for manipulation, this section, relative value will be imported merchandise in aggregate manufacturing, and smelting and determined, and the comparison amounts of not less than $100 upon refining warehouses contained in part between the duties referred to in exportation of the engine to Canada or 19 and part 144 of this chapter, for paragraph (a)(1) of this section and the Mexico (19 U.S.C. 1313(h)). foreign trade zones under part 146 of duties referred to in paragraph (a)(2) of (g) Unused goods under 19 U.S.C. this chapter, and for temporary this section will be made, separately 1313(j)(1) that have changed in importations under bond contained in with reference to each individual condition. An imported good that is part 10 of this chapter. exported good, including where two unused in the United States under 19 ■ 37. Add § 182.42 to read as follows: components or materials are used to U.S.C. 1313(j)(1) and that is shipped to produce one exported good or one Canada or Mexico not in the same § 182.42 Duties and fees not subject to component or material is divided among condition within the meaning of drawback. multiple exported goods. § 182.45(b)(1) may be eligible for The following duties or fees which (c) Direct identification drawback under this section except may be applicable to a good entered for manufacturing drawback under 19 when the shipment to Canada or Mexico consumption or withdrawn from U.S.C. 1313(a). Upon presentation of the does not constitute an exportation under warehouse for consumption in the USMCA drawback claim under 19 19 U.S.C. 1313(j)(4). Customs territory of the United States U.S.C. 1313(a), in which the amount of ■ 40. Add § 182.45 to read as follows: are not subject to drawback under this drawback payable is based on the lesser subpart: amount of the customs duties paid on § 182.45 Goods eligible for full drawback. (a) Antidumping and countervailing the good either to the United States or (a) Goods originating in Canada or duties; to Canada or Mexico, the amount of Mexico. A Canadian or Mexican (b) A premium offered or collected on drawback refunded may not exceed 99 originating good that is dutiable and is a good with respect to quantitative percent of the duty paid on such imported into the United States is import restrictions, tariff-rate quotas or imported merchandise into the United eligible for drawback without regard to tariff preference levels; and States. the limitation on drawback set forth in (c) Customs duties paid or owed (d) Substitution manufacturing § 182.44 if that good is originating under under unused merchandise substitution drawback under 19 U.S.C. 1313(b). the rules of origin set out in General drawback. There will be no payment of Upon presentation of a USMCA Note 11, HTSUS, and Appendix A of such drawback under 19 U.S.C. drawback claim under 19 U.S.C. this part, and is:
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(1) Subsequently exported to Canada consent of consignee under 19 U.S.C. filing. Drawback will be allowed only if or Mexico; 1313(c). An imported good exported to the completed good is exported within (2) Used as a material in the Canada or Mexico by reason of failure 5 years after importation of the production of another good that is of the good to conform to sample or merchandise identified or designated to subsequently exported to Canada or specification or by reason of shipment support the claim. Mexico; or of the good without the consent of the (b) Method of filing. A drawback (3) Substituted by a good of the same consignee is eligible for drawback under claim must be filed electronically 8-digit HTSUS subheading number and 19 U.S.C. 1313(c) without regard to the through a CBP-authorized electronic used as a material in the production of limitation on drawback set forth in system (see § 190.51 of this chapter). another good that is subsequently § 182.44. Such a good must be exported ■ 42. Add § 182.47 to read as follows: exported to Canada or Mexico. or destroyed within the statutory 5-year (b) Claims under 19 U.S.C 1313(j)(1) time period and in compliance with the § 182.47 Completion of claim for for goods in same condition. A good requirements set forth in subpart D of drawback. imported into the United States and part 190 of this chapter, as applicable. (a) General. A claim for drawback will subsequently exported to Canada or (d) Certain goods exported to Canada be granted, upon the submission of Mexico in the same condition is eligible or Mexico. A good provided for in U.S. appropriate documentation to for drawback under 19 U.S.C. 1313(j)(1) tariff items 1701.13.20 or 1701.14.20 substantiate compliance with the without regard to the limitation on that is imported into the Customs drawback laws and regulations of the drawback set forth in § 182.44 . territory of the United States under any United States, evidence of exportation (1) Same condition defined. For re-export or like program that is used as to Canada or Mexico, and satisfactory purposes of this subpart, a reference to a material, or substituted for by a good evidence of the payment of duties to a good in of the same kind and quality that is used Canada or Mexico. Unless otherwise the ‘‘same condition’’ includes a good as a material, in the production of a provided in this subpart, the that has been subjected to any of the good provided for in Canadian tariff documentation, filing procedures, time following operations provided that no item 1701.99.00 or Mexican tariff items and place requirements and other such operation materially alters the 1701.99.01, 1701.99.02, and 1701.99.99 applicable procedures required to characteristics of the good: (relating to refined sugar), is eligible for determine whether a good qualifies for (i) Mere dilution with water or drawback without regard to the drawback must be in accordance with another substance; limitation on drawback set forth in the provisions of part 190 of this (ii) Cleaning, including removal of § 182.44. Same kind and quality for chapter, as appropriate; however, a rust, grease, paint or other coatings; purposes of this subsection means that drawback claim subject to the (iii) Application of preservative, the imported good and the substituted provisions of this subpart must be filed including lubricants, protective good must be capable of being used separately from any part 190 drawback encapsulation, or preservation paint; interchangeably in the manufacture or (iv) Trimming, filing, slitting or claim (that is, a claim that involves production of the exported or destroyed goods exported to countries other than cutting; articles with no substantial change in (v) Putting up in measured doses, or Canada or Mexico). Claims the manufacturing or production inappropriately filed or otherwise not packing, repacking, packaging or process. repackaging; or completed within the periods specified (e) Certain goods exported to Canada. in § 182.46 will be considered (vi) Testing, marking, labelling, Goods identified in Article 2.5.6(g) of sorting, grading, or inspecting a good. abandoned. the USMCA and in 19 U.S.C. 4534(a)(7) (b) Complete drawback claim—(1) (2) Commingling of fungible goods— and (8), if exported to Canada, are (i) General—(A) Inventory of other than General. A complete drawback claim eligible for drawback without regard to under this subpart must consist of the all non-originating goods. Commingling the limitations on drawback set forth in of fungible originating and non- filing of the appropriate completed § 182.44. drawback entry, evidence of exportation originating goods in inventory is (f) Certain goods that are exported or (a copy of the Canadian or Mexican permissible provided that the origin of deemed exported. Goods that are customs entry showing the amount of the goods and the identification of delivered: entries for designation for same (1) To a duty-free shop, duty paid to Canada or Mexico) and its condition drawback are on the basis of (2) For ship’s stores or supplies for supporting documents, and a an approved inventory management ships or aircrafts, or certification from the Canadian or method set forth in the Appendix A to (3) For the use in a project undertaken Mexican importer as to the amount of this part (see 19 CFR 102.1). jointly by the United States and a duties paid. Each drawback entry filed (B) Inventory of the non-originating USMCA country, and destined to under this subpart must be filed using goods. If all goods in a particular become the property of the United the indicator ‘‘USMCA Drawback’’. inventory are non-originating goods, States, are eligible upon exportation for (2) Specific claims. The following identification of entries for designation drawback without regard to the documentation, for the drawback claims for same condition drawback must be on limitations on drawback set forth in specified below, must be submitted to the basis of one of the accounting § 182.44. CBP in order for a drawback claim to be methods in § 190.14 of this chapter, as ■ 41. Add § 182.46 to read as follows: processed under this subpart. Missing appropriate. documentation or incorrect or (ii) Exception. Agricultural goods § 182.46 Filing of drawback claim. incomplete information on required imported from Mexico may not be (a) Time of filing. A drawback claim customs forms or supporting commingled with fungible agricultural under this subpart must be filed within documentation will result in an goods in the United States for purposes 5 years after the date of importation of incomplete drawback claim. of same condition drawback under this the goods on which drawback is (i) Manufacturing drawback claim. subpart. claimed. No extension will be granted The following must be submitted in (c) Goods not conforming to sample or unless it is established that a CBP connection with a claim for direct specifications or shipped without official was responsible for the untimely identification manufacturing drawback
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or substitution manufacturing outside of that port. Such goods must this section relating to direct drawback: travel in bond from the location where identification manufacturing drawback (A) A completed CBP Form 331, or its they were examined to the point of the will apply to claims for drawback on electronic equivalent, to establish the border crossing (exportation). If meats cured with imported salt filed manufacture of goods made with examination is waived, in-bond under this subpart insofar as applicable imported merchandise and, if transportation is not required; to and not inconsistent with the applicable, the identity of substituted (D) Notification of intent to export or provisions of this subpart, and the forms domestic, duty-paid or duty-free waiver of prior notice. CBP must be referred to in that paragraph must be merchandise, and including the tariff notified at least 5 business days in modified to show that the claim is being classification number of the imported advance of the intended date of made for refund of duties paid on salt merchandise; exportation in order to have the used in curing meats. (B) CBP Form 7501, or its electronic opportunity to examine the goods (see (v) Jet aircraft engines. The provisions equivalent, or the import entry number; § 190.35 of this chapter); of paragraph (b)(2)(i) of this section (C) [Reserved] (E) Evidence of exportation. relating to direct identification (D) Evidence of exportation and Acceptable documentary evidence of manufacturing drawback will apply to satisfactory evidence of the payment of exportation to Canada or Mexico may claims for drawback on foreign-built jet duties in Canada or Mexico, as provided include originals or copies of any of the aircraft engines repaired or in paragraph (c) of this section; following documents that are issued by reconditioned in the United States filed (E) Waiver of right to drawback. If the the exporting carrier: bill of lading, air under this subpart insofar as applicable person exporting to Canada or Mexico waybill, freight waybill, export ocean to and not inconsistent with the was not the importer or the bill of lading, Canadian customs provisions of this subpart and the manufacturer, written waivers executed manifest, and cargo manifest. provisions of subpart N of part 190 of by the importer or manufacturer and by Supporting documentary evidence must this chapter. any intervening person to whom the establish fully the time and fact of (c) [Reserved] good was transferred must be submitted exportation, the identity of the exporter, ■ 43. Add § 182.49 to read as follows: in order for the claim to be considered and the identity and location of the complete; and ultimate consignee of the exported § 182.49 Retention of records. (F) An affidavit of the party claiming goods; All records required to be kept by the drawback stating that no other drawback (F) Waiver of right to drawback. If the exporter, importer, manufacturer or claim has been made on the designated party exporting to Canada or Mexico producer under this subpart with goods, that such party has not provided was not the importer, a written waiver respect to manufacturing drawback an exporter’s certification of origin from the importer and from each claims, and all records kept by others pertaining to the exported goods to intermediate person to whom the goods which complement the records of the another party except as stated on the were transferred is required in order for importer, exporter, manufacturer or drawback claim, and that the party the claim to be considered complete; producer, including any person who agrees to notify CBP if the party and transfers or enables another person to subsequently provides such an (G) An affidavit of the party claiming make or perfect a drawback claim, must exporter’s certification of origin to any drawback stating that no other drawback be retained for at least three years from person. claim has been made on the designated the date of liquidation of such claims or (ii) Same condition drawback claim goods. longer period if required by law (see under 19 U.S.C. 1313(j)(1). The (iii) Nonconforming or improperly §§ 190.10, 190.15, 190.38, and following must be submitted in shipped goods drawback claim. The 190.175(c) of this chapter). connection with a drawback claim following must be submitted in the case ■ 44. Add § 182.50 to read as follows: covering a good in the same condition: of goods not conforming to sample or (A) The foreign entry number and specifications, or shipped without the § 182.50 Liquidation and payment of date of entry, the HTSUS classification consent of the consignee and subject to drawback claims. for the foreign entry, the amount of a drawback claim under 19 U.S.C. (a) General. When the drawback claim duties paid for the foreign entry and the 1313(c): has been fully completed by the filing applicable exchange rate, and, if (A) Customs Form 7501, or its of all required documents, and applicable, a certification from the electronic equivalent, to establish the exportation of the articles has been claimant that provides as follows: fact of importation, the receipt of the established and the amount of duties ‘‘Same condition—The undersigned imported goods, and the identity of the paid to Canada or Mexico has been certifies that the merchandise herein party to whom drawback is payable (see established, the entry will be liquidated described is in the same condition as § 182.48(b)); to determine the proper amount of when it was imported under the above (B) [Reserved] drawback due either in accordance with import entry(s) and further certifies that (C) CBP Form 7512, or its electronic the limitation on drawback set forth in this merchandise was not subjected to equivalent, if applicable; § 182.44 of this subpart or in accordance any process of manufacture or other (D) Notification of intent to export or with the regular drawback calculation. operation except the allowable waiver of prior notice. CBP must be The liquidation procedures of subpart H operations as provided for by notified at least 5 business days in of part 190 of this chapter, as regulation.’’; advance of the intended date of appropriate, will control for purposes of (B) Information sufficient to trace the exportation in order to have the this subpart. movement of the imported goods after opportunity to examine the goods (see (b) [Reserved] importation; § 190.42 of this chapter); and (c) Accelerated payment. Accelerated (C) In-bond application submitted (E) Evidence of exportation, as drawback payment procedures will pursuant to part 18 of this chapter, if provided in paragraph (b)(2)(ii)(E) of apply as set forth in § 190.92 of this applicable. This is required for this section. chapter, as appropriate. However, a merchandise which is examined at one (iv) Meats cured with imported salt. person who receives drawback of duties port but exported through border points The provisions of paragraph (b)(2)(i) of under this procedure must repay the
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duties paid if a USMCA drawback claim § 182.71 Applicability. provided for in Appendix A of this part. is adversely affected thereafter by This subpart contains the general If information, including documents, administrative or court action. origin verification and determination books and records, were not maintained ■ 45. Add § 182.51 to read as follows: provisions applicable to goods claiming accordingly, CBP will provide the preferential tariff treatment under importer, exporter or producer 30 days § 182.51 Prevention of improper payment § 182.11(b) or § 182.32. to record costs in accordance with of claims. ■ 49. Add § 182.72 to read as follows: Appendix A of this part. (a) Double payment of claim. The ■ 50. Add § 182.73 to read as follows: drawback claimant must certify to CBP § 182.72 Verification of claim for that the claimant has not earlier preferential tariff treatment. § 182.73 Notification and response received payment on the same import (a) Verification. A claim for procedures. entry for the same designation of goods. preferential tariff treatment made under (a) Requests for information and If, notwithstanding such a certification, § 182.11(b) or 182.32, including any questionnaires. When conducting a such an earlier payment was in fact statements or other information verification through a request for made to the claimant, the claimant must submitted to CBP in support of the information or a questionnaire as repay any amount paid on the second claim, will be subject to such provided for in § 182.72(a)(1), CBP will claim. verification as CBP deems necessary. send the importer, exporter or producer (b) Preparation of Certification of CBP may initiate the verification of a written request for information, a Origin. The drawback claimant must, goods imported into the United States written questionnaire, or its electronic within 30 calendar days after the filing under the USMCA with the importer, or equivalent, including a request for of the drawback claim under this with the exporter or producer who specific documentation to support the subpart, submit to CBP a written completed the certification of origin. A claim for preferential tariff treatment. statement as to whether the claimant verification of a claim for preferential (1) Contents. The written request for has prepared, or has knowledge that tariff treatment under the USMCA may information, written questionnaire, or another person has prepared, a be conducted by means of one or more its electronic equivalent will contain the certification of origin provided for of the following: following: under § 182.12 and pertaining to the (1) Requests for information or (i) The objective and scope of the goods which are covered by the claim. questionnaires, including a request for verification, including the specific issue If, following such 30-day period, the documents, to the importer, exporter, or that the verification is seeking to claimant prepares, or otherwise learns producer; resolve; and of the existence of, any such (2) Verification visits to the premises (ii) Sufficient information to identify certification of origin, the claimant of the exporter or producer in Mexico or the good or material that is the subject must, within 30 calendar days Canada in order to request information, of the verification. thereafter, disclose that fact to CBP. including documents, and to observe (2) Availability of records—(i) Verification of a good. The importer, ■ production processes and facilities; and 46. Add § 182.52 to read as follows: (3) Any other procedure to which the exporter, or producer must make the § 182.52 Subsequent claims for USMCA countries may agree. records, which are required to be preferential tariff treatment. (b) Verification of a material. When maintained to demonstrate that the good If a claim for a refund of duties is conducting a verification of a good qualifies for preferential tariff treatment allowed by the Canadian or Mexican imported into the United States, CBP under the USMCA, available for customs administration under Article may conduct a verification of the inspection by a CBP official conducting 5.11 of the USMCA (post-importation material that is used in the production a verification. CBP may deny the claim claim) or under any other circumstance of that good. A verification of a material for preferential tariff treatment of the after drawback has been granted under producer may be conducted pursuant to good for failure to maintain the required this subpart, the appropriate CBP any of the verification means set forth records or if a CBP official is denied official must reliquidate the drawback in paragraph (a) of this section. With the access to the records. claim and obtain a refund of the amount exception of §§ 182.73(c) and 182.75, (ii) Verification of a material. During paid in drawback in excess of the the provisions in this subpart also apply the verification of a material, any amount permitted to be paid under to the verification of a material and records in the material producer’s § 182.44. references to the term ‘‘producer’’ apply possession demonstrating that the material qualifies as originating must be ■ to a producer of a good or to a material 47. Add § 182.54 to read as follows: producer. made available for inspection by a CBP § 182.54 Verification of claim for (c) Sending information directly to official conducting a verification. CBP drawback, waiver or reduction of duties. CBP. During a verification, CBP will may consider the material that is used The allowance of a claim for accept information, including in the production of the good and is the drawback, waiver or reduction of duties documents, directly from an importer, subject of the verification to be non- submitted under this subpart is subject exporter, or producer. originating material if a CBP official is to such verification, including (d) Applicable accounting principles. denied access to these records. verification with the Canadian or When conducting a verification to (b) Notification of a verification visit. Mexican customs administration, of any which Generally Accepted Accounting Prior to conducting a verification visit documentation obtained in Canada or Principles or an otherwise accepted in Canada or Mexico, CBP will provide Mexico and submitted in connection inventory method may be relevant, CBP the exporter or producer, using one of with the claim, as CBP may deem will apply and accept the Generally the communication means specified in necessary. Accepted Accounting Principles paragraph (d)(2) of this section, with a applicable in the USMCA country in notification stating the intent to conduct Subpart G—Origin Verifications and which the production is performed or a verification visit and containing the Determinations from which the good is exported, as following: appropriate, or an otherwise accepted (1) The objective and scope of the ■ 48. Add § 182.71 to read as follows: inventory management method as verification, including the specific issue
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that the verification is seeking to request for information subject to the producer must make the records, which resolve; conditions in § 182.75(c)(1), or for are required to be maintained to (2) Sufficient information to identify failure to respond to the questionnaire. demonstrate that the good qualifies for the good or material that is the subject (2) Notification of a verification visit. preferential tariff treatment under the of the verification; When CBP sends a notification of a USMCA, available for inspection by a (3) A request for the written consent verification visit, the exporter or CBP official conducting a verification of the exporter or producer whose producer will have 30 days from the and provide facilities for that inspection premises are going to be visited; date specified in paragraph (e) of this during the verification visit. CBP may (4) The legal authority for the visit; section to consent to or deny the deny the claim for preferential tariff (5) The proposed date and location of verification visit. CBP may deny the treatment of the good for failure to the visit; claim for preferential tariff treatment of maintain these records or if a CBP (6) The specific purpose of the visit; the good, or consider the material that official is denied access to these records. and is used in the production of the good to (2) Verification of a material. During (7) The names and titles of the U.S. be non-originating material, for failure the verification of a material, any officials conducting the visit. to provide consent for a verification records in the material producer’s (c) Importer notification. When CBP visit within the 30-day response period, possession demonstrating that the initiates a verification by sending a unless a postponement is requested in material qualifies as originating must be request for information or questionnaire accordance with § 182.74(b). made available for inspection by a CBP under paragraph (a) of this section to an ■ 51. Add § 182.74 to read as follows: official conducting a verification. CBP exporter or producer or by sending a may consider the material that is the § 182.74 Verification visit procedures. notification of a verification visit under used in the production of the good and paragraph (b) of this section, CBP will (a) Written consent required. Prior to is the subject of the verification visit to notify the importer claiming preferential conducting a verification visit in Canada be non-originating material if a CBP tariff treatment of the good that CBP has or Mexico, CBP must obtain the written official is denied access to these records. initiated a verification of that good, consent of the exporter or producer (d) Observers. The exporter or subject to the confidentiality provisions whose premises are to be visited. The producer may designate up to two in § 182.2. exporter or producer must submit this observers to be present during the (d) Means of communications. (1) For written consent, requested in the verification visit, if the exporter or purposes of a verification, it is sufficient notification of a verification visit under producer chooses, provided that: for CBP to use the contact information § 182.73(b)(3), to CBP through one of the (1) The observers do not participate in provided in the certification of origin for communication means specified in a manner other than as observers; any communication sent to the § 182.73(d)(2), within the time period (2) The failure of the exporter or importer, exporter, or producer. provided in § 182.73(f)(2), unless a producer to designate observers does (2) For purposes of a verification, CBP postponement is requested in not result in the postponement of the will send all communication to the accordance with paragraph (b) of this visit; and exporter or producer by any means that section. (3) The exporter or producer identifies can produce a confirmation of receipt (b) Postponement of a verification to CBP any observers designated to be including: visit—(1) Request for postponement by present during the visit. (i) Electronic mail; an exporter or producer. Within 15 days ■ 52. Add § 182.75 to subpart G to read (ii) International courier services; of confirmed receipt of the notification as follows: (iii) Certified or registered mail of a verification visit, the exporter or services; or producer may, on a single occasion, § 182.75 Determinations of origin. (iv) A CBP-authorized electronic data using one of the communication means (a) Contents. For verifications interchange system. specified in § 182.73(d)(2), request the initiated under this part, CBP will issue (e) Time periods. Any time periods postponement of the verification visit a determination of origin that sets forth: specified in this subpart begin from the for a period not to exceed 30 days from (1) A description of the good that was date of confirmation of receipt, provided the proposed date of the visit. the subject of the verification; for in paragraph (d)(2) of this section, (2) Notification of a postponement. (2) A statement setting forth the when sending communication to the CBP will notify the exporter or producer findings of facts made in connection exporter or producer, and begin from when a postponement request under with the verification and upon which the date the communication is sent paragraph (b)(1) of this section is the determination is based; and when sending communication to the received and will provide the new date (3) The legal basis for the importer. of the verification visit. The Mexican or determination. (f) Response time for a request for Canadian customs administration where (b) Parties who will receive a information, a questionnaire, and a the verification visit will occur may determination of origin. CBP will issue notification of a verification visit—(1) also, within 15 days of confirmed the determination of origin to the Request for information and receipt of the notification of a importer, and to the exporter or questionnaire. When CBP sends a verification visit, postpone the producer who is subject to the request for information or a verification visit for a period not to verification and either completed the questionnaire, the importer, exporter, or exceed 60 days from the proposed date certification of origin or provided producer will have 30 days from the of the visit or for a longer period as CBP information directly to CBP during the date specified in paragraph (e) of this and the Mexican or Canadian customs verification, subject to the section to respond and provide the administration may decide. CBP will confidentiality provisions in § 182.2, requested documentation. CBP may notify the exporter or producer if the within 120 days (or in exceptional cases deny the claim for preferential tariff verification visit is postponed at the and upon notification to the parties, treatment of the good, or consider the request of the Mexican or Canadian within 210 days) after CBP has material that is used in the production customs administration. determined that it has received all the of the good to be non-originating (c) Availability of records—(1) information necessary to issue a material, for failure to respond to the Verification of a good. The exporter or determination of origin, including any
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information necessary from the exporter (xi) CBP finds a pattern of conduct ■ 54. Revise subpart J consisting of or producer. pursuant to § 182.76; or §§ 182.111 through 182.112 to read as (c) Negative determinations—(1) (xii) CBP determines that any other follows: When a request for information must be reason to deny a claim for preferential sent to the exporter or producer prior to tariff treatment as set forth in this part Subpart J—Commercial Samples and issuing a negative determination. If a applies Goods Returned after Repair or claim for preferential tariff treatment is (3) Intent to deny. Prior to issuing a Alteration negative determination, CBP will inform based on a certification of origin Sec. completed by the exporter or producer, the importer, and the exporter or producer who is subject to the 182.111 Commercial samples of negligible and, in response to a request for value. information, the importer does not verification and either completed the 182.112 Goods re-entered after repair or provide CBP with sufficient information certification of origin or provided alteration in Canada or Mexico. to verify or substantiate the claim, CBP information directly to CBP during the will send a written request for verification, of CBP’s intent to deny § 182.111 Commercial samples of negligible value. information or its electronic equivalent preferential tariff treatment, subject to to the exporter or producer that the confidentiality provisions in § 182.2. (a) General. Commercial samples of completed the certification of origin, This intent to deny will contain the negligible value imported from Canada subject to the confidentiality provisions preliminary results of the verification, or Mexico may qualify for duty-free in § 182.2, prior to issuing a negative the effective date of the denial of entry under subheading 9811.00.60, determination. preferential tariff treatment, and a notice HTSUS. For purposes of this section, (2) Denial of preferential tariff to the importer, exporter, or producer ‘‘commercial samples of negligible treatment. CBP may deny the claim for that CBP will provide 30 days to submit value’’ means commercial samples preferential tariff treatment if: additional information, including which have a value, individually or in (i) The certification of origin is not documents, related to the preferential the aggregate as shipped, of not more submitted to CBP upon request as tariff treatment of the good. than one U.S. dollar, or the equivalent (4) Issuance of a negative required pursuant to § 182.12(a); amount in the currency of Canada or determination of origin. CBP will issue (ii) The claim or certification of origin Mexico, or which are so marked, torn, a negative determination of origin to the perforated, or otherwise treated that is invalid or based on inaccurate parties specified in paragraph (b) of this information and is not corrected within they are unsuitable for sale or for use section if CBP determines, at least 30 except as commercial samples. the required time period pursuant to days after receipt by the importer, (b) Qualification for duty-free entry. § 182.11(c); exporter, or producer of the intent to Commercial samples of negligible value (iii) CBP determines that the importer, deny issued pursuant to paragraph (c)(3) imported from Canada or Mexico will exporter, or producer failed to provide of this section, that one or more of the qualify for duty-free entry under sufficient information to substantiate reasons for denial of preferential tariff subheading 9811.00.60, HTSUS, only if: the claim; treatment under paragraph (c)(2) of this (iv) CBP determines that the good section continues to apply. In addition (1) The samples are imported solely does not qualify for preferential tariff to the contents of the determination set for the purpose of soliciting orders for treatment, including failing to meet the forth in paragraph (a) of this section, foreign goods or services; and rules of origin requirements in General unless CBP determines that there is a (2) If valued over one U.S. dollar, the Note 11, HTSUS, and Appendix A to pattern of conduct of false or samples are properly marked, torn, this part; unsupported representations pursuant perforated or otherwise treated prior to (v) The importer, exporter, or to § 182.76, a negative determination of arrival in the United States so that they producer fails to respond to the request origin will provide the exporter or are unsuitable for sale or for use except for information pursuant to producer with the information as commercial samples. § 182.73(f)(1) subject to the conditions necessary to file a protest as provided in § 182.75(c)(1); § 182.112 Goods re-entered after repair or for in 19 U.S.C. 1514(e) and part 174 of alteration in Canada or Mexico. (vi) The importer, exporter, or this chapter. producer fails to respond to the ■ 53. Add § 182.76 to subpart G to read (a) General. This section sets forth the questionnaire pursuant to § 182.73(f)(1); as follows: rules that apply for purposes of (vii) The exporter or producer fails to obtaining duty-free treatment on goods consent to a verification visit pursuant § 182.76 Repeated false or unsupported returned after repair or alteration in to § 182.74; preference claims. Canada or Mexico as provided for in (viii) The importer, exporter, or Where the verification reveals a subheadings 9802.00.40 and 9802.00.50, producer fails to maintain records pattern of conduct by the importer, HTSUS. Goods returned after having demonstrating that the good qualifies for exporter, or producer of false or been repaired or altered in Canada or preferential tariff treatment as required unsupported representations relevant to Mexico, regardless of whether the repair pursuant to this part; a claim that a good imported into the or alteration could be performed in the (ix) The importer, exporter, or United States qualifies for preferential United States or has increased the value producer denies access, as requested by tariff treatment under the USMCA, CBP of the good and regardless of their CBP, to records or documentation that may withhold preferential tariff origin, are eligible for duty-free are in its possession or required to be treatment under the USMCA for entries treatment, provided that the maintained pursuant to this part; of identical goods covered by requirements of this section are met. For (x) The exporter or producer denies subsequent statements, declarations, or purposes of this section, ‘‘repairs or access to records or documentation that certifications by that importer, exporter, alterations’’ means restoration, addition, are in its possession or required to be or producer until CBP determines that renovation, re-dyeing, cleaning, re- maintained, or to facilities during a representations of that person are in sterilizing, or other treatment that does verification visit as required pursuant to conformity with this part and with not destroy the essential characteristics this part; General Note 11, HTSUS. of, or create a new or commercially
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different good from, the good exported § 182.123 Corrected certification of origin certification of origin must be from the United States. by U.S. exporters or producers. accompanied by a statement, submitted (b) Goods not eligible for duty-free Civil or administrative penalties in writing or via a CBP-authorized treatment after repair or alteration. The provided for under 19 U.S.C. 1592 will electronic data interchange system, duty-free treatment referred to in not be imposed on an exporter or which: paragraph (a) of this section will not producer who completed a certification (1) Identifies the class or kind of good apply to goods that: of origin for a good exported from the to which the incorrect claim or (1) In their condition, as exported United States to Canada or Mexico certification of origin relates; from the United States to Canada or when the exporter or producer promptly (2) In the case of a corrected claim or Mexico, are incomplete for their and voluntarily provides written certification of origin by an importer, intended use and for which the notification pursuant to §§ 182.21(b) identifies each affected import processing operation performed in and 182.124 with respect to the making transaction, including each port of Canada or Mexico constitutes an of an incorrect certification of origin. importation and the approximate date of operation that is performed as a matter each importation; § 182.124 Framework for correcting claims (3) In the case of a written notification of course in the preparation or or certifications of origin. of an incorrect certification of origin by manufacture of finished goods; or (a) ‘‘Promptly and voluntarily’’ an exporter or producer, identifies each (2) Are imported under a duty- defined. Except as provided for in affected export transaction, including deferral program that are exported for paragraph (b) of this section, for each port of exportation and the repair or alteration and are not re- purposes of this part, the making of a approximate date of each exportation. A imported under a duty-deferral program. corrected claim or certification of origin producer who provides written (c) Documentation. The provisions of by an importer or the providing of notification that certain information in a § 10.8(a), (b), and (c) of this chapter, written notification of an incorrect certification of origin is incorrect and relating to the documentary certification of origin by an exporter or who is unable to identify the specific requirements for goods entered under producer will be deemed to have been export transactions under this paragraph subheading 9802.00.40 or 9802.00.50, done promptly and voluntarily if: must provide as much information HTSUS, will apply in connection with (1)(i) Done before the commencement concerning those transactions as the the entry of goods which are returned of a formal investigation, within the producer, by the exercise of good faith from Canada or Mexico after having meaning of § 162.74(g) of this chapter; and due diligence, is able to obtain; been exported for repairs or alterations or (4) Specifies the nature of the and which are claimed to be duty-free. (ii) Done before any of the events incorrect statements or omissions ■ 55. Revise subpart K consisting of specified in § 162.74(i) of this chapter regarding the claim or certification of §§ 182.121 through 182.124 to read as has occurred; or origin; and follows: (iii) Done within 30 days after the (5) Sets forth, to the best of the importer, exporter, or producer initially person’s knowledge, the true and Subpart K—Penalties becomes aware that the claim or accurate information or data which certification is incorrect; and should have been covered by or Sec. (2) Accompanied by a statement provided in the claim or certification of 182.121 General. setting forth the information specified in 182.122 Corrected claim or certification of origin, and states that the person will paragraph (c) of this section; and provide any additional information or origin by importers (3) In the case of a corrected claim or 182.123 Corrected certification of origin by data which is unknown at the time of U.S. exporters or producers certification of origin by an importer, making the corrected claim or 182.124 Framework for correcting claims or accompanied or followed by a tender of certification of origin within 30 days or certifications of origin any actual loss of duties and within any extension of that 30-day merchandise processing fees, if § 182.121 General. period as CBP may permit in order for applicable, in accordance with the person to obtain the information or Except as otherwise provided in this paragraph (d) of this section. data. subpart, all criminal, civil, or (b) Exception in cases involving fraud (d) Tender of actual loss of duties. A administrative penalties which may be or subsequent incorrect claims—(1) U.S. importer who makes a corrected imposed on U.S. importers, exporters, Fraud. Notwithstanding paragraph (a) of claim must tender any actual loss of and producers for violations of the this section, a person who acted duties at the time of making the customs and related U.S. laws and fraudulently in making an incorrect corrected claim, or within 30 days regulations will also apply to U.S. claim or certification of origin may not thereafter, or within any extension of importers, exporters, and producers for make a voluntary correction of that that 30-day period as CBP may allow in violations of the U.S. laws and claim or certification of origin. For order for the importer to obtain the regulations relating to the USMCA. purposes of this paragraph, the term information or data necessary to ‘‘fraud’’ will have the meaning set forth calculate the duties owed. § 182.122 Corrected claim or certification in paragraph (C)(3) of Appendix B to of origin by importers. part 171 of this chapter. PART 190—MODERNIZED DRAWBACK An importer who makes a corrected (2) Subsequent incorrect claims. An claim under § 182.11(c) will not be importer who makes one or more ■ 56. The general and specific authority subject to civil or administrative incorrect claims after becoming aware citations for part 190 continue to read as penalties under 19 U.S.C. 1592 for that a claim involving the same follows: having made an incorrect claim or merchandise and circumstances is Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 having submitted an incorrect invalid may not make a voluntary (General Note 3(i), Harmonized Tariff certification of origin, provided that the correction of the subsequent claims Schedule of the United States), 1313, 1624; corrected claim is promptly and pursuant to paragraph (a) of this section. §§ 190.2, 190.10, 190.15, 190.23, 190.38, voluntarily made in accordance with (c) Statement. For purposes of this 190.51 issued under 19 U.S.C. 1508; § 182.124. part, each corrected claim or * * * * *
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§ 190.0 [Amended] ■ b. Add the words ‘‘or part 182’’ after the authority to electronically sign this the number ‘‘181’’. document to Robert F. Altneu, who is ■ 57. Amend § 190.0 by adding the the Director of the Regulations and phrase ‘‘, and provisions relating to the § 190.51 [Amended] Disclosure Law Division for CBP, for Agreement Between the United States of ■ 59. Amend § 190.51(a)(2)(xv) as purposes of publication in the Federal America, the United Mexican States, follows: Register. and Canada (USMCA) are contained in ■ a. Add the words ‘‘and USMCA’’ after subpart E of part 182 of this chapter’’ the words ‘‘For NAFTA’’; Robert F. Altneu, after the words ‘‘part 181 of this ■ b. Remove the words ‘‘part 181’’ and Director, Regulations & Disclosure Law chapter’’. add in their place the words ‘‘parts 181 Division, Regulations & Rulings, Office of and 182’’; Trade, U.S. Customs and Border Protection. § 190.0a [Amended] ■ c. Remove the words ‘‘to NAFTA Approved: ■ countries’’. 58. Amend § 190.0a as follows: Troy A. Miller, the Senior Official Timothy E. Skud, ■ a. Add the words ‘‘and USMCA’’ after Performing the Duties of the Deputy Assistant Secretary of the Treasury. the term ‘‘NAFTA’’ in the paragraph Commissioner, having reviewed and [FR Doc. 2021–14264 Filed 7–1–21; 11:15 am] heading; approved this document, is delegating BILLING CODE 9111–14–P
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Reader Aids Federal Register Vol. 86, No. 126 Tuesday, July 6, 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. 92...... 34943 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 25 CFR 10231...... 35385 The United States Government Manual 741–6000 48...... 34943 Administrative Orders: Other Services Administrative Orders: 27 CFR Electronic and on-line services (voice) 741–6020 Memorandums: 9...... 34952, 34955 Privacy Act Compilation 741–6050 Memorandum of 70...... 34957 June 29, 2021 ...... 35383 ELECTRONIC RESEARCH 7 CFR 31 CFR 1...... 35396 World Wide Web Proposed Rules: 986...... 35409 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 33...... 35156 is located at: www.govinfo.gov. 8 CFR 520...... 35399 Proposed Rules: Federal Register information and research tools, including Public 33 CFR Inspection List and electronic text are located at: 214...... 35410 www.federalregister.gov. 248...... 35410 100...... 35399 274a.12...... 35410 117...... 35402 E-mail 165 ...... 34958, 34960, 34961, 10 CFR 34963, 34964, 35224, 35225, FEDREGTOC (Daily Federal Register Table of Contents Electronic 52...... 34905 35403 Mailing List) is an open e-mail service that provides subscribers Proposed Rules: 210...... 35225 with a digital form of the Federal Register Table of Contents. The 214...... 35226 digital form of the Federal Register Table of Contents includes 52...... 34999, 35023 HTML and PDF links to the full text of each document. Proposed Rules: 12 CFR 100...... 35240 To join or leave, go to https://public.govdelivery.com/accounts/ 702...... 34924 165...... 35242 USGPOOFR/subscriber/new, enter your email address, then follow the instructions to join, leave, or manage your 14 CFR 37 CFR subscription. 39 ...... 34933, 35217, 35387 1...... 35226, 35229 PENS (Public Law Electronic Notification Service) is an e-mail 71...... 34937, 35221 2...... 35229 service that notifies subscribers of recently enacted laws. 97...... 34938, 34941 Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 1...... 35429 and select Join or leave the list (or change settings); then follow 39 ...... 35027, 35410, 35413, 40 CFR the instructions. 35416 71 ...... 35233, 35235, 35237, 52...... 35404 FEDREGTOC and PENS are mailing lists only. We cannot 35419, 35420 62...... 35406 respond to specific inquiries. 15 CFR Proposed Rules: Reference questions. Send questions and comments about the 52 ...... 35030, 35034, 35042, Federal Register system to: [email protected] 744...... 35389 35244, 35247 The Federal Register staff cannot interpret specific documents or 16 CFR 62...... 35044 regulations. 81...... 35254 Proposed Rules: Ch. I ...... 35239 45 CFR FEDERAL REGISTER PAGES AND DATE, JULY 19 CFR Proposed Rules: 34905–35216...... 1 10...... 35566 147...... 35156 35217–35382...... 2 102...... 35566 155...... 35156 35383–35594...... 6 132...... 35566 156...... 35156 134...... 35566 47 CFR 163...... 35566 182...... 35566 73...... 34965, 35231 190...... 35566 Proposed Rules: Proposed Rules: 15...... 35046 102...... 35422 74...... 35046 177...... 35422 48 CFR 20 CFR 501...... 34966 200...... 35221 552...... 34966 295...... 34942 570...... 34966 Proposed Rules: 24 CFR 615...... 35257 11...... 35391 652...... 35257
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49 CFR 393...... 35449
Proposed Rules: 50 CFR 385...... 35443 17...... 34979
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