FEDERAL REGISTER

Vol. 86 Friday No. 134 July 16, 2021

Pages 37669–37890

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 86, No. 134

Friday, July 16, 2021

Agricultural Marketing Service Drug Enforcement Administration RULES RULES Blueberry Promotion, Research, and Information Order: Schedules of Controlled Substances: Continuance Referendum, 37669 Extension of Temporary Placement of N-Ethylhexedrone, alpha-Pyrrolidinohexanophenone, 4-Methyl-alpha- Agriculture Department ethylaminopentiophenone, 4′-Methyl-alpha- See Agricultural Marketing Service pyrrolidinohexiophenone, alpha- See Animal and Plant Health Inspection Service Pyrrolidinoheptaphenone, and 4′-Chloro-alpha- See Food and Nutrition Service pyrrolidinovalerophenone in Schedule I of the See Rural Housing Service Controlled Substances Act, 37672–37674 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Schedules of Controlled Substances: Submissions, and Approvals, 37728, 37731–37732 Placement of N-Ethylhexedrone, alpha- Investments and Opportunities for Meat and Poultry Pyrrolidinohexanophenone, 4-Methyl-alpha- Processing Infrastructure, 37728–37731 ethylaminopentiophenone, 4′-Methyl-alpha- pyrrolidinohexiophenone, alpha- Animal and Plant Health Inspection Service Pyrrolidinoheptaphenone, and 4′-Chloro-alpha- NOTICES pyrrolidinovalerophenone in Schedule I, 37719– Environmental Assessments; Availability, etc.: 37725 Release of Ganaspis brasiliensis for Biological Control of Spotted-wing Drosophila in the Continental United Education Department States, 37732–37733 RULES Final Waiver and Extension of the Project Periods for the Centers for Disease Control and Prevention Equity Assistance Centers Grant Program, 37679–37681 NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Acquisition of Site for Development of a Replacement Submissions, and Approvals: Underground Safety Research Program Facility for ESEA Fiscal Waiver Requests, 37748–37749 the Centers for Disease Control and Prevention/ Fulbright-Hays Group Projects Abroad Long-Term National Institute for Occupational Safety and Health Participant Survey, 37747–37748 in Mace, WV, 37755–37756 Employment and Training Administration Centers for Medicare & Medicaid Services NOTICES NOTICES Change in Status of the Extended Benefit Program: Agency Information Collection Activities; Proposals, District of Columbia, Massachusetts, New Mexico, and Submissions, and Approvals, 37756–37757 Rhode Island, 37766 Relocation of the Office of Foreign Labor Certification’s Coast Guard Atlanta National Processing Center; Change of Physical RULES Mailing Address, 37766–37767 Safety Zones: Upper Mississippi River, Mile Marker 579.7 Energy Department approximately 1,000 feet northwest of the Ulysses S. See Federal Energy Regulatory Commission Grant Memorial Hwy, Dubuque, IA, 37677–37679 PROPOSED RULES Energy Conservation Program: Commerce Department Energy Conservation Standards for Certain Commercial See Foreign-Trade Zones Board and Industrial Equipment; Early Assessment Review; See International Trade Administration Commercial Refrigerators, Freezers, and Refrigerator- See National Oceanic and Atmospheric Administration Freezers, 37708–37719 Energy Conservation Standards for Certain Commercial Committee for Purchase From People Who Are Blind or and Industrial Equipment; Early Assessment Review; Severely Disabled Walk-in Coolers and Freezers, 37687–37708 NOTICES Procurement List; Additions and Deletions, 37745–37747 Environmental Protection Agency RULES Commodity Futures Trading Commission Redesignation of Certain Unclassifiable Areas for the 2010 NOTICES 1-Hour Sulfur Dioxide Primary National Ambient Air Fiscal Year 2019 Service Contract Inventory, 37747 Quality Standard, 37683–37686 Removal of the Federal Reformulated Gasoline Program Defense Department from the Southern Maine Area, 37681–37683 RULES NOTICES Commercial Activities Program, 37676–37677 Environmental Impact Statements; Availability, etc., 37751

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Farm Credit Administration General Services Administration RULES NOTICES Federal Agricultural Mortgage Corporation Disclosure and Agency Information Collection Activities; Proposals, Reporting, 37671 Submissions, and Approvals: Environmental Conservation, Occupational Safety, and Federal Aviation Administration Drug-Free Workplace, 37753–37754 RULES Public Availability of Fiscal Year 2019 Service Contract Airspace Designations and Reporting Points: Inventory, 37754 Sioux City, IA; Correction, 37672 NOTICES Gulf Coast Ecosystem Restoration Council Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Proposed Subaward under a Council–Selected Restoration Safety Assurance System External Portal, 37783–37784 Component Award, 37754

Federal Communications Commission Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Agency Information Collection Activities; Proposals, See Centers for Medicare & Medicaid Services Submissions, and Approvals, 37751–37752 See National Institutes of Health See Substance Abuse and Mental Health Services Administration Federal Deposit Insurance Corporation NOTICES NOTICES Best Practices for Advancing Cultural Competency, Meetings; Sunshine Act, 37752 Language Access and Sensitivity toward Asian Americans and Pacific Islanders, 37757–37758 Federal Emergency Management Agency NOTICES Homeland Security Department Flood Hazard Determinations; Changes, 37760–37764 See Coast Guard See Federal Emergency Management Agency RULES Federal Energy Regulatory Commission Classification for Victims of Severe Forms of Trafficking in NOTICES Persons; Eligibility for ‘‘T’’ Nonimmigrant Status, Combined Filings, 37749–37751 37670–37671

Federal Highway Administration Interior Department NOTICES See Fish and Wildlife Service Emergency Temporary Closure of the Interstate 40 See National Park Service Hernando DeSoto Bridge over the Mississippi River between Arkansas and Tennessee, 37784–37785 International Trade Administration NOTICES Federal Reserve System Antidumping or Countervailing Duty Investigations, Orders, NOTICES or Reviews: Change in Bank Control: Certain Corrosion-Resistant Steel Products from the Acquisitions of Shares of a Bank or Bank Holding Republic of Korea, 37740–37741 Company, 37753 Glycine from India, 37738–37740 Stilbenic Optical Brightening Agents from Taiwan, Fish and Wildlife Service 37741–37743 RULES Migratory Bird Hunting: International Trade Commission Final 2021–22 Frameworks for Migratory Bird Hunting NOTICES Regulations, and Special Procedures for Issuance of Investigations; Determinations, Modifications, and Rulings, Annual Hunting Regulations, 37854–37889 etc.: Certain Portable Gaming Console Systems with Attachable Handheld Controllers and Components Food and Nutrition Service Thereof II, 37765 NOTICES Passenger Vehicle and Light Truck Tires from Korea, National School Lunch, Special Milk, and School Breakfast Taiwan, Thailand, and Vietnam, 37764 Programs, National Average Payments/Maximum Reimbursement Rates, 37733–37737 Justice Department See Drug Enforcement Administration Foreign-Trade Zones Board RULES NOTICES Processes and Procedures for Issuance and Use of Guidance Application for Expansion of Subzone: Documents, 37674–37676 VF Outdoor, LLC, Foreign-Trade Zone 50, Long Beach, NOTICES CA, 37737–37738 Service Contract Inventory, 37765–37766 Authorization of Production Activity: IPR Pharmaceuticals, Inc., Foreign-Trade Zone 7, Labor Department Mayaguez, PR, 37738 See Employment and Training Administration

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NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Agency Information Collection Activities; Proposals, New York Stock Exchange, LLC, 37779–37782 Submissions, and Approvals: Reentry Employment Opportunity Evaluation, 37767 Substance Abuse and Mental Health Services Administration Legal Services Corporation NOTICES NOTICES Meetings: Meetings; Sunshine Act, 37768–37770 Interdepartmental Substance Use Disorders Coordinating Committee, 37759 Management and Budget Office NOTICES Surface Transportation Board 2020 Standards for Delineating Core Based Statistical Areas, NOTICES 37770–37778 Abandonment Exemption: National Institutes of Health Indiana Southwestern Railway Co. in Posey and NOTICES Vanderburgh Counties, IN, 37782–37783 Meetings: Center for Scientific Review, 37758 Transportation Department See Federal Aviation Administration National Oceanic and Atmospheric Administration See Federal Highway Administration PROPOSED RULES Taking and Importing Marine Mammals: Veterans Affairs Department Taking Marine Mammals Incidental to the U.S. Navy NOTICES Training and Testing Activities in the Point Mugu Agency Information Collection Activities; Proposals, Sea Range Study Area, 37790–37852 Submissions, and Approvals: NOTICES Application for Approval of a Licensing or Certification Agency Information Collection Activities; Proposals, Test and Organization or Entity, 37786 Submissions, and Approvals: Certificate Showing Residence and Heirs of Deceased Socio-Economic Survey of Hired Captains and Crew in Veterans or Beneficiary, 37786 New England, Mid-Atlantic, South Atlantic and Gulf Environmental Impact Statements; Availability, etc.: of Mexico Commercial Fisheries, 37743–37744 Housing Loan Program, 37786–37787 Meetings: Mid-Atlantic Fishery Management Council, 37744–37745 Pacific Fishery Management Council, 37745 Separate Parts In This Issue

National Park Service Part II PROPOSED RULES Commerce Department, National Oceanic and Atmospheric St. Croix National Scenic Riverway, Bicycling, 37725– Administration, 37790–37852 37727 Part III Postal Regulatory Commission Interior Department, Fish and Wildlife Service, 37854– NOTICES 37889 New Postal Products, 37778–37779

Rural Housing Service NOTICES Reader Aids Agency Information Collection Activities; Proposals, Consult the Reader Aids section at the end of this issue for Submissions, and Approvals: phone numbers, online resources, finding aids, and notice Self-Help Technical Assistance Grants, 37737 of recently enacted public laws. To subscribe to the Federal Register Table of Contents Securities and Exchange Commission electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Application: address, then follow the instructions to join, leave, or DoubleLine Opportunistic Credit, et al., 37779 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.

7 CFR 1218...... 37669 8 CFR 212...... 37670 214...... 37670 245...... 37670 274a...... 37670 10 CFR Proposed Rules: 430...... 37687 431...... 37708 12 CFR 655...... 37671 14 CFR 71...... 37672 21 CFR 1308...... 37672 Proposed Rules: 1308...... 37719 28 CFR 50...... 37674 32 CFR 169...... 37676 169a...... 37676 33 CFR 165...... 37677 34 CFR Ch. II ...... 37679 36 CFR Proposed Rules: 7...... 37725 40 CFR 80...... 37681 81...... 37683 50 CFR 20...... 37854 Proposed Rules: 218...... 37790

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Rules and Regulations Federal Register Vol. 86, No. 134

Friday, July 16, 2021

This section of the FEDERAL REGISTER or contact Jeanette Palmer at (202) 720– assigned OMB No. 0581–0093. It has contains regulatory documents having general 5976 or via electronic mail: been estimated that there are applicability and legal effect, most of which [email protected]. approximately 1,547 producers and 271 are keyed to and codified in the Code of FOR FURTHER INFORMATION CONTACT: importers who will be eligible to vote in Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. Jeanette Palmer, Marketing Specialist, the referendum. It will take an average PED, SCP, AMS, USDA, 1400 of 15 minutes for each voter to read the The Code of Federal Regulations is sold by Independence Avenue SW, Room 1406– voting instructions and complete the the Superintendent of Documents. S, Stop 0244, Washington, DC 20250– referendum ballot. 0244; telephone: (202) 720–5976; or electronic mail: Jeanette.Palmer@ Referendum Order DEPARTMENT OF AGRICULTURE usda.gov. Jeanette Palmer, Marketing Specialist, Agricultural Marketing Service SUPPLEMENTARY INFORMATION: Pursuant and Heather Pichelman, Director, to the Commodity Promotion, Research Promotion Economics Division, SCP, 7 CFR Part 1218 and Information Act of 1996 (7 U.S.C. AMS, USDA, Stop 0244, Room 1406–S, 7411–7425) (Act), it is hereby directed 1400 Independence Avenue SW, [Document No. AMS–SC–21–0030] that a referendum be conducted to Washington, DC 20250–0244, are ascertain whether continuance of the Blueberry Promotion, Research, and designated as the referendum agents to Order (7 CFR part 1218) is favored by Information Order; Continuance conduct this referendum. The Referendum eligible producers and importers of highbush blueberries. The Order is referendum procedures at 7 CFR AGENCY: Agricultural Marketing Service. authorized under the Act. 1218.100 through 1218.107, which were issued pursuant to the Act, shall be used ACTION: Notification of referendum. The period for establishing voter eligibility for the referendum shall be to conduct the referendum. SUMMARY: This document directs that a the period from January 1, 2020, The referendum agent will express referendum be conducted among through December 31, 2020. Persons mail or email the ballots to be cast in the eligible producers and importers of who produced or imported 2,000 referendum and voting instructions to highbush blueberries to determine pounds or more of highbush blueberries all known, eligible highbush blueberry whether they favor continuance of the during the representative period, paid producers and importers prior to the Agricultural Marketing Service’s assessments during that period, and are regulations regarding a national first day of the voting period. Persons currently highbush blueberry producers who produced or imported 2,000 more highbush blueberry research and or importers subject to assessment pounds of highbush blueberries during promotion program. under the Order are eligible to vote. the representative period and are DATES: This referendum will be Persons who received an exemption currently highbush blueberry producer conducted by express mail and from assessments for the entire electronic ballot from October 8, 2021, representative period are ineligible to or importers subject to assessment through October 22, 2021. To be eligible vote. The U.S. Department of under the Order are eligible to vote. to vote, blueberry producers and Agriculture will provide the option for Persons who received an exemption importers must have produced or electronic balloting. The referendum from assessments during the entire imported 2,000 pounds or more of will be conducted by express mail and representative period are ineligible to highbush blueberries during the electronic ballot from October 8, 2021, vote. Any eligible producer or importer representative period of January 1 through October 22, 2021. Further who does not receive a ballot should through December 31, 2020, and must details will be provided in the ballot contact the referendum agent no later currently be producers or importers of instructions. than three days before the end of the highbush blueberries subject to Section 518 of the Act authorizes voting period. Ballots delivered via assessment under the Blueberry continuance referenda. Under express mail or email must show proof Promotion, Research and Information § 1218.71(b) of the Order, the U.S. of delivery by no later than 11:59 p.m. Order (Order). Ballots delivered to AMS Department of Agriculture must conduct EDT on October 22, 2021, to be counted. via express mail or email must show a referendum every 5 years to determine proof of delivery no later than 11:59 whether persons subject to assessment List of Subjects in 7 CFR Part 1218 p.m. Eastern Daylight Time (EDT) on favor continuance of the Order. The last October 22, 2021. Administrative practice and referendum was held in 2016. USDA procedure, Advertising, Blueberry ADDRESSES: Copies of the Blueberry would continue the Order if promotion, Consumer information, Promotion, Research and Information continuance is favored by a majority of Marketing agreements, Reporting and Order (Order) may be obtained from: the producers and importers voting in recordkeeping requirements. Referendum Agent, Promotion and the referendum, who also represent a Economics Division (PED), Specialty majority of the volume of blueberries Authority: 7 U.S.C. 7411–7425; 7 U.S.C. Crops Program (SCP), Agricultural represented in the referendum. 7401. Marketing Service (AMS), U.S. In accordance with the Paperwork Department of Agriculture (USDA), Reduction Act of 1995 (44 U.S.C. Erin Morris, 1400 Independence Avenue SW, Room chapter 35), the referendum ballot has Associate Administrator. 1406–S, Stop 0244, Washington, DC been approved by the Office of [FR Doc. 2021–15160 Filed 7–15–21; 8:45 am] 20250–0244, telephone: (202) 720–9915; Management and Budget (OMB) and BILLING CODE P

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DEPARTMENT OF HOMELAND cannot submit your comment by using the Federal Register at 81 FR 92266 and SECURITY http://www.regulations.gov, please received 17 public comments. USCIS contact Samantha Deshommes, Chief, amended its regulations governing the 8 CFR Parts 212, 214, 245, and 274a Regulatory Coordination Division, classification for Victims of Severe [CIS No. 2507–11; DHS Docket No USCIS– Office of Policy and Strategy, U.S. Forms of Trafficking in Persons; 2011–0010] Citizenship and Immigration Services, Eligibility for T Nonimmigrant Status, Department of Homeland Security, by see Immigration and Nationality Act RIN 1615–AA59 telephone at 240–721–3000 for alternate (INA) sec. 101(a)(15)(T), 8 U.S.C. instructions. Classification for Victims of Severe 1101(a)(15)(T). Specifically, the IFR Forms of Trafficking in Persons; FOR FURTHER INFORMATION CONTACT: revised DHS regulations at 8 CFR 214.11 Eligibility for ‘‘T’’ Nonimmigrant Status Andria Strano, Branch Chief, to: Humanitarian Affairs Division, Office of • Implement statutorily mandated AGENCY: U.S. Citizenship and Policy and Strategy, U.S. Citizenship changes by revising the existing Immigration Services, Department of and Immigration Services, DHS, 5900 eligibility requirements under the Homeland Security. Capital Gateway Drive, Camp Springs, following statutes: ACTION: Interim Final Rule; reopening of MD 20746; telephone 240–721–3000 Æ Trafficking Victims Protection the comment period. (this is not a toll-free number). Reauthorization Act of 2003 (TVPRA Individuals with hearing or speech 2003), Public Law 108–193, 117 Stat. SUMMARY: The Department of Homeland impairments may access the telephone 2875 (Dec. 19, 2003). Security (DHS) announces the numbers above via TTY by calling the Æ Violence Against Women and reopening of the public comment period toll-free Federal Information Relay Department of Justice Reauthorization for the Interim Final Rule titled, Service at 1–877–889–5627 (TTY/TDD). Act of 2005 (VAWA 2005), Public Law Classification for Victims of Severe SUPPLEMENTARY INFORMATION: 109–162, 119 Stat. 2960 (Jan. 5, 2006). Forms of Trafficking in Persons; Æ I. Public Participation William Wilberforce Trafficking Eligibility for ‘‘T’’ Nonimmigrant Status. Victims Protection Reauthorization Act DHS published the interim final rule Interested persons are invited to of 2008 (TVPRA 2008), Public Law 110– (IFR) on December 19, 2016 and participate in this rulemaking by 457, 122 Stat. 5044 (Dec. 23, 2008). accepted comments until February 17, submitting written data, views, or Æ Violence Against Women Act of 2017. To provide the public with further arguments on all aspects of this rule. 2013 (VAWA 2013), Public Law 113–4 opportunity to comment on the IFR, and DHS also invites comments that relate to (Mar. 7, 2013). to ensure that we are fully considering the economic or federalism effects that Æ Justice for Victims of Trafficking all current factors, concerns and input might result from this rule. Comments Act of 2015 (JVTA), Public Law 114–22, of the parties who may be affected by that will provide the most assistance to 129 Stat. 227 (May 29, 2015). this rulemaking, DHS will reopen the DHS will reference a specific portion of • Expand the definition and comment period for an additional 30 the rule, explain the reason for any discussion of Law Enforcement days. DHS will consider comments recommended change, and include data, Agencies (LEA) to include State and received during the entire public information, or authority that support local law enforcement agencies. 8 CFR comment period in its development of such recommended change. 214.11(a). Instructions: All submissions received a final rule. • Raise the age at which the applicant must include the agency name and DHS DATES: The comment period for the must comply with any reasonable Docket No. USCIS–20011–0010. interim final rule published December request by an LEA for assistance in an 19, 2016, at 81 FR 92266 is reopened. Providing comments is entirely voluntary. Regardless of how comments investigation or prosecution of acts of You must submit written comments and trafficking in persons from 15 years to related material on or before August 16, are submitted to DHS, all submissions will be posted, without change, to the 18 years of age. 8 CFR 214.11(b)(3)(i) 2021. and (h)(4)(ii). Federal eRulemaking Portal at http:// • ADDRESSES: You may submit comments www.regulations.gov and will include Exempt applicants who are unable, on the entirety of this rule package, to any personal information provided by due to physical or psychological trauma, include the related information commenters. Because the information to comply with any reasonable request collection requirements set forth with submitted will be publicly available, by an LEA. 8 CFR 214.11(b)(3)(ii) and the 2016 IFR, which is identified as (h)(4)(i). commenters should consider limiting • DHS Docket No. USCIS- 2011–0010, the amount of personal information Expand the regulatory definition of through the Federal eRulemaking Portal provided in each submission. DHS may physical presence on account of http://www.regulations.gov. Follow the withhold information provided in trafficking to include those whose entry website instructions for submitting comments from public viewing if it into the United States was for comments. Comments submitted in determines that such information is participation in investigative or judicial another manner, including emails or offensive or may affect the privacy of an processes associated with an act or a letters sent to DHS or USCIS officials, individual. For additional information, perpetrator of trafficking. 8 CFR will not be considered comments on the please read the Privacy Act notice 214.11(b)(2) and (g)(1). • rule and may not receive a response available through the link in the footer Allow principal applicants under from DHS. Please note that DHS and of http://www.regulations.gov. 21 years of age to apply for derivative USCIS cannot accept any comments that Docket: For access to the docket, go to T nonimmigrant status for unmarried are hand delivered or couriered. In http://www.regulations.gov and enter siblings under 18 years and parents as addition, USCIS cannot accept this rulemaking’s eDocket number eligible derivative family members. 8 comments contained on any form of USCIS 2011–0010. CFR 214.11(k)(1)(ii). digital media storage devices, such as • Provide age-out protection for a CDs/DVDs and USB drives. Due to II. Background principal applicant’s eligible family COVID–19, USCIS is also not accepting On December 19, 2016, DHS members under 21 years of age. 8 CFR mailed comments at this time. If you published an Interim Final Rule (IFR) in 214.11(k)(5)(ii).

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• Allow principal applicants of any performed labor or services, or a FARM CREDIT ADMINISTRATION age to apply for derivative T commercial sex act. 8 CFR 214.11(f)(1). nonimmigrant status for unmarried • Remove the current regulatory 12 CFR Part 655 siblings under 18 years of age and ‘‘opportunity to depart’’ requirement for parents as eligible family members if the those who escaped traffickers before law RIN 3052–AD47 family member faces a present danger of enforcement became involved. 8 CFR retaliation as a result of the principal 214.11(g)(2). Federal Agricultural Mortgage applicant’s escape from a severe form of Corporation Disclosure and Reporting trafficking or cooperation with law • Address situations where trafficking enforcement. 8 CFR 214.11(k)(1)(iii) and has occurred abroad, but the applicant AGENCY: Farm Credit Administration. (k)(5)(iv). can potentially meet the physical • Allow principal applicants of any presence requirement. 8 CFR ACTION: Notification of effective date. age to apply for derivative T 214.11(g)(3). SUMMARY: The Farm Credit nonimmigrant status for children (adult • Eliminate the requirement that an Administration (FCA) issued a direct or minor) of the principal’s derivative applicant provide three passport-style final rule adopting administrative family members if the derivative’s child photographs. See 81 FR 92298 amendments to eliminate requirements faces a present danger of retaliation as (providing reasons for the change. a result of the principal’s escape from a for the Federal Agricultural Mortgage • severe form of trafficking or cooperation Remove the filing deadline for Corporation (Farmer Mac) to submit with law enforcement. 8 CFR applicants victimized prior to October paper copies of certain reports to the 214.11(k)(1)(iii). 28, 2000. Update the regulation to FCA’s Office of Secondary Market • Permit all derivative T reflect the creation of DHS, and to Oversight (OSMO). Electronic copies of nonimmigrants, if otherwise eligible, to implement current standards of the reports are sufficient for oversight apply for adjustment of status under regulatory organization, plain language, and examination purposes. INA section 245(l), 8 U.S.C. 1255(l). 8 and USCIS efforts to transform its CFR 245.23(b)(2). customer service practices. See 81 FR DATES: The direct final rule amending • Remove the requirement that 92277. 12 CFR part 655, published on May 24, 2021 (86 FR 27797), is effective on July eligible family members must face DHS believes the T nonimmigrant extreme hardship if the family member 9, 2021. program is an effective tool in the is not admitted to the United States or investigation of and fight against human FOR FURTHER INFORMATION CONTACT: was removed from the United States. trafficking, disrupting and dismantling See 81 FR 92282 (describing the Technical Information: Tiffany West, human trafficking organizations and change). Assistant to the Director, Office of • Exempt T nonimmigrant applicants providing support and protection to Secondary Market Oversight, Farm from the public charge ground of their victims. During the reopening of Credit Administration, McLean, VA inadmissibility. 8 CFR 212.16(b). the public comment period, DHS 22102–5090, (703) 883–4280, TTY (703) • Limit duration of T nonimmigrant encourages comments and suggestions 883–4056; or status to 4 years but providing on all aspects of the T-nonimmigrant Legal Information: Hazem Isawi, extensions for LEA need, for exceptional program and USCIS administration of circumstances, and for the pendency of the program. Senior Attorney, Office of General an application for adjustment of status. Counsel, Farm Credit Administration, DHS is reopening the comment period McLean, VA 22102–5090, (703) 883– 8 CFR 214.11(c)(1) and (l). to allow interested persons to provide • 4020, TTY (703) 883–4056. Clarify that presence in the up-to-date comments on the IFR in Commonwealth of the Northern Mariana recognition of the time that has lapsed SUPPLEMENTARY INFORMATION: On May Islands after being granted T since the initial publication of the IFR. 24, 2021, FCA issued a direct final rule nonimmigrant status qualifies toward Reopening the comment period ensures adopting administrative amendments to the requisite physical presence that we are fully considering all current eliminate requirements for Farmer Mac requirement for adjustment of status. 8 factors, concerns and input of the to submit paper copies of certain reports CFR 245.23(a)(3)(ii). parties who may be affected by this • Conform the regulatory definition of to OSMO. In accordance with 12 U.S.C. rulemaking. DHS also believes that the sex trafficking to the revised statutory 2252(c)(1), the effective date of the rule definition in section 103(10) of the T nonimmigrant program will benefit is no earlier than 30 days from the date Trafficking Victims Protection Act. 22 from updated public comments of publication in the Federal Register U.S.C. 7102(10), as amended by section regarding eligibility and procedures for during which either or both Houses of 108(b) of the JVTA, 129 Stat. 239. 8 CFR the classification for T nonimmigrant Congress are in session. Based on the 214.11(a). status. Due to the lapse in time since the records of the sessions of Congress, the • Specify how USCIS will exercise its IFR was issued, DHS seeks to reengage effective date of the regulations is July waiver of grounds of inadmissibility the public and allow further input on 9, 2021. the changes prior to finalizing this authority with respect to criminal Dated: July 12, 2021. inadmissibility grounds. 8 CFR rulemaking. DHS will consider Dale Aultman, 212.16(b)(3). comments received during the entire • Discontinue the practice of public comment period in our Secretary, Farm Credit Administration Board. weighing evidence as primary and development of a final rule. [FR Doc. 2021–15115 Filed 7–15–21; 8:45 am] secondary in favor of an ‘‘any credible BILLING CODE 6705–01–P evidence’’ standard. 8 CFR Alejandro N. Mayorkas, 214.11(d)(2)(ii) and (3). Secretary, U.S. Department of Homeland • Provide guidance on the definition Security. of ‘‘severe form of trafficking in [FR Doc. 2021–14992 Filed 7–15–21; 8:45 am] persons’’ where an individual has not BILLING CODE 9111–97–P

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DEPARTMENT OF TRANSPORTATION amending the Class D and Class E DEPARTMENT OF JUSTICE airspace at Sioux Gateway Airport/ Federal Aviation Administration Brigadier General Bud Day Field, Sioux Drug Enforcement Administration City, IA. Subsequent to publication, the 14 CFR Part 71 FAA identified the geographic 21 CFR Part 1308 coordinates for Sioux Gateway Airport/ [Docket No. FAA–2021–0176; Airspace [Docket No. DEA–495] Docket No. 21–ACE–8] Brigadier General Bud Day Field were incorrectly published as ‘‘(Lat. 42°24′09″ Schedules of Controlled Substances: RIN 2120–AA66 N, long. 96°23′05″ W)’’ vice ‘‘(Lat. Extension of Temporary Placement of 42°24′05″ N, long. 96°23′04″ W)’’ in the N-Ethylhexedrone, alpha- Amendment of Class D and Class E Class D and Class E airspace legal Pyrrolidinohexanophenone, 4-Methyl- Airspace; Sioux City, IA descriptions. This action corrects that alpha-ethylaminopentiophenone, 4′- AGENCY: Federal Aviation error. Methyl-alpha- Administration (FAA), DOT. Class D and Class E airspace pyrrolidinohexiophenone, alpha- designations are published in paragraph Pyrrolidinoheptaphenone, and 4′- ACTION: Final rule; correction. 5000, 6002, and 6005, respectively, of Chloro-alpha- SUMMARY: This action corrects the final FAA Order 7400.11E dated July 21, pyrrolidinovalerophenone in Schedule rule published in the Federal Register 2020, and effective September 15, 2020, I of the Controlled Substances Act on June 11, 2021, amending the Class D which is incorporated by reference in 14 CFR 71.1. The Class D and Class E AGENCY: Drug Enforcement and Class E airspace at Sioux Gateway Administration, Department of Justice. Airport/Brigadier General Bud Day airspace designations listed in this ACTION: Field, Sioux City, IA. The geographic document will be subsequently Temporary rule; temporary coordinates for Sioux Gateway Airport/ published in the Order. scheduling order; extension. Brigadier General Bud Day Field were Availability and Summary of SUMMARY: The Administrator of the Drug ° ′ ″ incorrectly published as ‘‘(Lat. 42 24 09 Documents for Incorporation by Enforcement Administration is issuing ° ′ ″ N, long. 96 23 05 W)’’ vice ‘‘(Lat. Reference this order to extend the temporary ° ′ ″ ° ′ ″ 42 24 05 N, long. 96 23 04 W)’’ in the schedule I status of six synthetic This document amends FAA Order Class D and Class E airspace legal cathinones, as identified in this order. 7400.11E, Airspace Designations and descriptions. The schedule I status of these six Reporting Points, dated July 21, 2020, substances currently is in effect until DATES: Effective date 0901 UTC, August and effective September 15, 2020. FAA July 18, 2021. This temporary order 12, 2021. The Director of the Federal Order 7400.11E is publicly available as extends the temporary scheduling of Register approves this incorporation by listed in the ADDRESSES section of this these six substances for one year, or reference action under Title 1 Code of document. FAA Order 7400.11E lists until the permanent scheduling action Federal Regulations part 51, subject to Class A, B, C, D, and E airspace areas, for these substances is completed, the annual revision of FAA Order air traffic service routes, and reporting whichever occurs first. 7400.11 and publication of conforming points. amendments. DATES: This order, which extends the ADDRESSES: FAA Order 7400.11E, Correction to Final Rule temporary scheduling order that DEA Airspace Designations and Reporting Accordingly, pursuant to the previously issued for these substances Points, and subsequent amendments can authority delegated to me, Amendment (84 FR 34291, July 18, 2019), is effective be viewed online at https:// of Class D and Class E Airspace; Sioux July 18, 2021 and expires on July 18, www.faa.gov/air_traffic/publications/. City, IA, published in the Federal 2022. If DEA publishes a final rule For further information, you can contact Register of June 11, 2021 (86 FR 31105), making this scheduling action the Rules and Regulations Group, Docket No. FAA–2021–0176, is permanent, this order will expire on the Federal Aviation Administration, 800 corrected as follows: effective date of that rule, if the effective Independence Avenue SW, Washington, date is earlier than July 18, 2022. DC 20591; telephone: (202) 267–8783. 71.1 [Corrected] FOR FURTHER INFORMATION CONTACT: The Order is also available for ■ On page 31107, column 1, line 37, Terrence L. Boos, Ph.D., Drug and inspection at the National Archives and replace ‘‘(lat. 42°24′09″N., long. Chemical Evaluation Section, Diversion Records Administration (NARA). For 96°23′05″W.)’’ with ‘‘(Lat. 42°24′05″ N, Control Division, Drug Enforcement information on the availability of FAA long. 96°23′04″ W)’’. Administration; Telephone: (571) 362– Order 7400.11E at NARA, email: 3249. ■ On page 31107, column 1, line 63, [email protected] or go to https:// replace ‘‘(lat. 42°24′09″N., long. SUPPLEMENTARY INFORMATION: In this www.archives.gov/federal-register/cfr/ 96°23′05″W.)’’ with ‘‘(Lat. 42°24′05″ N, order, the Drug Enforcement ibr-locations.html. long. 96°23′04″ W)’’. Administration (DEA) extends the FOR FURTHER INFORMATION CONTACT: ■ temporary scheduling of the following Jeffrey Claypool, Federal Aviation On page 31107, column 2, line 25, replace ‘‘(lat. 42°24′09″N., long. six controlled substances in schedule I Administration, Operations Support ° ′ ″ ° ′ ″ of the Controlled Substances Act (CSA), Group, Central Service Center, 10101 96 23 05 W.)’’ with ‘‘(Lat. 42 24 05 N, long. 96°23′04″ W)’’. including their optical, positional, and Hillwood Parkway, Fort Worth, TX geometric isomers, salts, and salts of 76177; telephone (817) 222–5711. Issued in Fort Worth, Texas, on July 12, isomers: SUPPLEMENTARY INFORMATION: 2021. • N-ethylhexedrone (other name: 2- Martin A. Skinner, (ethylamino)-1-phenylhexan-1-one), History Acting Manager, Operations Support Group, • alpha-pyrrolidinohexanophenone The FAA published a final rule in the ATO Central Service Center. (other names: a-PHP, alpha- Federal Register (86 FR 31105; June 11, [FR Doc. 2021–15040 Filed 7–15–21; 8:45 am] pyrrolidinohexiophenone, 1-phenyl-2- 2021) for Docket No. FAA–2021–0176 BILLING CODE 4910–13–P (pyrrolidin-1-yl)hexan-1-one),

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• 4-methyl-alpha- pendency of proceedings under 21 To the extent that section 811(h) ethylaminopentiophenone (other names: U.S.C. 811(a)(1) with respect to the directs that temporary scheduling 4-MEAP, 2-(ethylamino)-1-(4- substance, the temporary scheduling of actions be issued by order and sets forth methylphenyl)pentan-1-one), that substance can be extended for up to the procedures by which such orders are • 4′-methyl-alpha- one year. Proceedings for the scheduling to be issued and extended, DEA believes pyrrolidinohexiophenone (other names: of a substance under 21 U.S.C. 811(a) that the notice and comment MPHP, 4′-methyl-alpha- may be initiated by the Attorney requirements of section 553 of the pyrrolidinohexanophenone; 1-(4- General (delegated to the Administrator Administrative Procedure Act (APA), 5 methylphenyl)-2-(pyrrolidin-1-yl)hexan- of DEA (Administrator) pursuant to 28 U.S.C. 553, do not apply to this 1-one), CFR 0.100) on his own motion, at the extension of the temporary scheduling • alpha-pyrrolidinoheptaphenone request of the Secretary of Health and order. The specific language chosen by (other names: PV8, 1-phenyl-2- Human Services (HHS),2 or on the Congress indicates an intention for DEA (pyrrolidin-1-yl)heptan-1-one), and to proceed through the issuance of an • ′ petition of any interested party. 4 -chloro-alpha- The Administrator, on her own order instead of proceeding by pyrrolidinovalerophenone (other names: rulemaking. Given that Congress ′ motion, has initiated proceedings under 4-chloro-a-PVP, 4 -chloro-alpha- 21 U.S.C. 811(a)(1) to permanently specifically requires the Attorney pyrrolidinopentiophenone, 1-(4- schedule N-ethylhexedrone, a-PHP, General to follow rulemaking chlorophenyl)-2-(pyrrolidin-1- 4-MEAP, MPHP, PV8, and 4-chloro-a- procedures for other kinds of scheduling yl)pentan-1-one). PVP. DEA is simultaneously publishing actions, see 21 U.S.C. 811(a), it is Background and Legal Authority a notice of proposed rulemaking for the noteworthy that, in subsection 811(h), Congress authorized the issuance of On July 18, 2019, the Acting permanent placement of N- ethylhexedrone, a-PHP, 4-MEAP, temporary scheduling actions by order Administrator of DEA (Acting rather than by rule. In the alternative, Administrator) published a temporary MPHP, PV8, and 4-chloro-a-PVP in schedule I elsewhere in this issue of the even assuming that this action might be scheduling order in the Federal Register subject to section 553 of the APA, the (84 FR 34291) placing N-ethylhexedrone Federal Register. If that proposed rule is finalized, DEA will publish a final rule Administrator finds that there is good (other name: 2-(ethylamino)-1- cause to forgo the notice and comment phenylhexan-1-one); alpha- in the Federal Register to make permanent the schedule I status of these requirements of section 553, as any pyrrolidinohexanophenone (other further delays in the process for names: a-PHP, alpha- substances. Pursuant to 21 U.S.C. 811(h)(2), the extending the temporary scheduling pyrrolidinohexiophenone, 1-phenyl-2- order would be impracticable and (pyrrolidin-1-yl)hexan-1-one); 4-methyl- Administrator orders that the temporary scheduling of N-ethylhexedrone, alpha- contrary to the public interest in view alpha-ethylaminopentiophenone (other of the manifest urgency to avoid an names: 4-MEAP, 2-(ethylamino)-1-(4- pyrrolidinohexanophenone, 4-methyl- ′ alpha-ethylaminopentiophenone, 4′- imminent hazard to the public safety methylphenyl)pentan-1-one); 4 -methyl- that these substances would present if alpha-pyrrolidinohexiophenone (other methyl-alpha-pyrrolidinohexiophenone, ′ scheduling expired, for the reasons names: MPHP, 4′-methyl-alpha- alpha-pyrrolidinoheptaphenone, and 4 - chloro-alpha-pyrrolidinovalerophenone, expressed in the temporary scheduling pyrrolidinohexanophenone; 1-(4- order (84 FR 34291, July 18, 2019). methylphenyl)-2-(pyrrolidin-1-yl)hexan- and their optical, positional, and geometric isomers, salts, and salts of Further, DEA believes that this order 1-one); alpha-pyrrolidinoheptaphenone extending the temporary scheduling (other names: PV8, 1-phenyl-2- isomers, be extended for one year, or ′ until the permanent scheduling action is not a ‘‘rule’’ as defined by 5 (pyrrolidin-1-yl)heptan-1-one); and 4 - U.S.C. 601(2), and, accordingly, is not chloro-alpha-pyrrolidinovalerophenone proceeding is completed, whichever ′ occurs first. subject to the requirements of the (other names: 4-chloro-a-PVP, 4 -chloro- Regulatory Flexibility Act. The alpha-pyrrolidinopentiophenone, 1-(4- Regulatory Matters requirements for the preparation of an chlorophenyl)-2-(pyrrolidin-1- initial regulatory flexibility analysis in 5 yl)pentan-1-one), synthetic cathinones, The CSA provides for an expedited temporary scheduling action where U.S.C. 603(a) are not applicable where, in schedule I of the CSA pursuant to the as here, DEA is not required by section temporary scheduling provisions of 21 such action is necessary to avoid an imminent hazard to the public safety. 553 of the APA or any other law to U.S.C. 811(h).1 That order was effective publish a general notice of proposed on the date of publication, and was Under 21 U.S.C. 811(h), the Administrator, as delegated by the rulemaking. based on findings by the Acting Additionally, this action is not a Attorney General, may, by order, place Administrator that the temporary significant regulatory action as defined a substance in schedule I on a scheduling of these substances was by Executive Order (E.O.) 12866 temporary basis. This same subsection necessary to avoid an imminent hazard (Regulatory Planning and Review), provides that the temporary scheduling to the public safety pursuant to 21 section 3(f), and the principles of a substance shall expire at the end of U.S.C. 811(h)(1). Subsection (h)(2) reaffirmed in E.O. 13563 (Improving two years from the date of the issuance provides that the temporary control of Regulation and Regulatory Review). these substances expires two years from of the order scheduling such substance, Accordingly, this action has not been the effective date of the temporary except that the Administrator may, reviewed by the Office of Management scheduling order, i.e., on July 18, 2021. during the pendency of proceedings and Budget. 21 U.S.C. 811(h)(2). However, this same under 21 U.S.C. 811(a)(1) to This action will not have substantial subsection also provides that, during the permanently schedule the substance, direct effects on the States, on the extend the temporary scheduling for up relationship between the national 1 Though DEA has used the term ‘‘final order’’ to one year. government and the States, or on the with respect to temporary scheduling orders in the distribution of power and past, this notice adheres to the statutory language 2 The Secretary of HHS has delegated to the of 21 U.S.C. 811(h), which refers to a ‘‘temporary Assistant Secretary for Health of HHS the authority responsibilities among the various scheduling order.’’ No substantive change is to make domestic drug scheduling levels of government. Therefore, in intended. recommendations. accordance with E.O. 13132

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(Federalism), it is determined that this DEPARTMENT OF JUSTICE Pennsylvania Avenue NW, Washington, action does not have sufficient DC 20530. Comments received by mail federalism implications to warrant the 28 CFR Part 50 will be considered timely if they are preparation of a Federalism Assessment. [Docket No. OAG 174; AG Order No. 5077– postmarked on or before August 16, As noted above, this action is an 2021] 2021. The electronic Federal eRulemaking portal will accept order, not a rule. Accordingly, the RIN 1105–AB61 comments until Midnight Eastern Time Congressional Review Act (CRA) 3 is at the end of that day. inapplicable, as it applies only to rules. Processes and Procedures for FOR FURTHER INFORMATION CONTACT: 5 U.S.C. 801, 804(3). It is in the public Issuance and Use of Guidance Robert Hinchman, Senior Counsel, interest to maintain the temporary Documents Office of Legal Policy, U.S. Department placement of N-ethylhexedrone, a-PHP, AGENCY: Office of the Attorney General, of Justice, telephone (202) 514–8059 4-MEAP, MPHP, PV8, and 4-chloro-a- Department of Justice. (not a toll-free number). PVP in schedule I because they pose a ACTION: Interim final rule; request for SUPPLEMENTARY INFORMATION: public health risk, for the reasons comments. expressed in the temporary scheduling I. Posting of Public Comments order (84 FR 34291, July 18, 2019). The SUMMARY: This interim final rule Please note that all comments temporary scheduling action was taken (‘‘rule’’) implements Executive Order received are considered part of the pursuant to 21 U.S.C. 811(h), which is 13992, which, among other things, public record and made available for specifically designed to enable DEA to revoked Executive Order 13891 and public inspection online at https:// act in an expeditious manner to avoid directed the heads of all agencies to www.regulations.gov. Information made an imminent hazard to the public safety. promptly take steps to rescind any available for public inspection includes Under 21 U.S.C. 811(h), temporary orders, rules, regulations, guidelines, or personal identifying information (such scheduling orders are not subject to policies, or portions thereof, as your name, address, etc.) voluntarily notice and comment rulemaking implementing or enforcing the revoked submitted by the commenter. procedures. DEA understands that the Executive Order. By this rule, the You are not required to submit CSA frames temporary scheduling Department of Justice (‘‘Department’’ or personal identifying information in actions as orders rather than rules to ‘‘DOJ’’) revokes amendments to its order to comment on this rule. ensure that the process moves swiftly, regulations that were made during 2020 Nevertheless, if you want to submit pursuant to Executive Order 13891, and this extension of the temporary personal identifying information (such which imposed limitations on the scheduling order continues to serve that as your name, address, etc.) as part of issuance and use of guidance your comment, but do not want it to be purpose. For the same reasons that documents. For further information on underlie 21 U.S.C. 811(h), that is, the posted online, you must include the how the Department intends to address phrase ‘‘PERSONAL IDENTIFYING need to place these substances in guidance documents going forward, schedule I because they pose an INFORMATION’’ in the first paragraph interested parties should consult an of your comment. You must also locate imminent hazard to public safety, it Attorney General Memorandum the would be contrary to the public interest all the personal identifying information Department of Justice is issuing on its that you do not want posted online in to delay implementation of this website in conjunction with this rule. the first paragraph of your comment and extension of the temporary scheduling DATES: identify what information you want the order. Therefore, in accordance with Effective date: This rule is effective agency to redact. Personal identifying section 808(2) of the CRA, this order July 16, 2021. information identified and located as set extending the temporary scheduling Applicability date: July 1, 2021. forth above will be placed in the order shall take effect immediately upon Comments: Comments are due on or agency’s public docket file, but not its publication. DEA will submit a copy before August 16, 2021. posted online. of this extension of the temporary ADDRESSES: To ensure proper handling If you want to submit confidential scheduling order to both Houses of of comments, please reference Docket business information as part of your Congress and to the Comptroller No. OAG 174 on all electronic and comment but do not want it to be posted General, although such filing is not written correspondence. The online, you must include the phrase required under the CRA, 5 U.S.C. 801– Department encourages the electronic ‘‘CONFIDENTIAL BUSINESS 808, because, as noted above, this action submission of all comments through INFORMATION’’ in the first paragraph is an order, not a rule. https://www.regulations.gov using the of your comment. You must also electronic comment form provided on prominently identify the confidential Anne Milgram, that site. For ease of reference, an business information to be redacted Administrator. electronic copy of this document is also within the comment. If a comment has [FR Doc. 2021–15113 Filed 7–15–21; 8:45 am] available at that website. It is not so much confidential business BILLING CODE 4410–09–P necessary to submit paper comments information that it cannot be effectively that duplicate the electronic redacted, the agency may choose not to submission, as comments submitted to post that comment (or to post that https://www.regulations.gov will be comment only partially) on https:// posted for public review and are part of www.regulations.gov. Confidential the official docket record. However, business information identified and should you wish to submit written located as set forth above will not be comments through regular or express placed in the public docket file, nor will mail, they should be sent to Robert it be posted online. 3 This is the colloquial name for Subtitle E of the Hinchman, Senior Counsel, Office of If you want to inspect the agency’s Small Business Regulatory Enforcement Fairness Legal Policy, U.S. Department of Justice, public docket file in person by Act of 1996. Room 4252 RFK Building, 950 appointment, please see the FOR

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FURTHER INFORMATION CONTACT requirements on entities outside the among other things, revoked Executive paragraph. Executive Branch.’’ These principles Order 13891 and stated that ‘‘agencies were subsequently memorialized in the must be equipped with the flexibility to II. Discussion Justice Manual at section 1–19.000, use robust regulatory action to address A. Overview https://www.justice.gov/jm/justice- national priorities.’’ 86 FR 7049 (Jan. 25, This rule implements Executive Order manual. 2021). Executive Order 13992 directed The second underlying document was 13992, ‘‘Revocation of Certain Executive the heads of all agencies to ‘‘promptly a memorandum issued by Associate Orders Concerning Federal Regulation’’ take steps to rescind any orders, rules, Attorney General Brand on January 25, regulations, guidelines, or policies, or (86 FR 7049), by revoking the 2018, entitled ‘‘Limiting Use of Agency portions thereof, implementing or Department’s regulations at 28 CFR Guidance Documents in Affirmative enforcing’’ the revoked Executive Order. 50.26 and 50.27. Going forward, the Civil Enforcement Cases’’ (‘‘the January Department’s approach to those matters 2018 Memorandum’’). The January 2018 D. Revocation of 28 CFR 50.26 and 28 will be governed by a new Attorney Memorandum reiterated many aspects CFR 50.27 General Memorandum being issued of the November 2017 Memorandum, Based on its evaluation of the concurrently with this rule. and stated more explicitly that the regulations at 28 CFR 50.26 and 28 CFR B. Background—Existing Regulations Department could not ‘‘convert’’ 50.27, the Department has concluded and Memoranda guidance documents into binding rules that those regulations are unnecessary through litigation, and that failure to and unduly burdensome, lack flexibility In 2020, the Department of Justice comply with a guidance document and nuance, and limit the ability of the published two interim final rules should not be used as presumptive or Department to do its work effectively. (‘‘IFRs,’’ ‘‘rules,’’ or ‘‘regulations’’) that conclusive evidence that a party Among other things, the regulations regulate the issuance and use of violated a related statute or regulation. have generated collateral disputes in guidance documents by the Department That 2018 policy statement was then affirmative and enforcement litigation, and its components. The first rule, codified in the Justice Manual at section and they have discouraged Department which was entitled ‘‘Prohibition on the 1–20.000. components from preparing and issuing Issuance of Improper Guidance The third relevant document was guidance that would be helpful to Documents Within the Justice President Trump’s Executive Order members of the public. In addition, Department’’ and added a new 28 CFR 13891, ‘‘Promoting the Rule of Law because the regulations imposed 50.26, was published August 19, 2020 Through Improved Agency Guidance requirements on a particular category of (85 FR 50951). That rule emphasized Documents,’’ which was issued on agency documents deemed to be that guidance documents generally may October 9, 2019, and published in the ‘‘guidance,’’ the regulations caused not be used ‘‘create rights or obligations Federal Register the next week. See 84 Department staff to expend significant binding on persons or entities outside FR 55235 (Oct. 15, 2019). That resources determining whether each the Executive Branch.’’ 28 CFR Executive Order embodied some of the agency document, product or 50.26(a)(4). It also instituted compliance same concepts as the November 2017 communication constituted ‘‘guidance’’ procedures requiring Department Memorandum and January 2018 and was therefore subject to these components to include disclaimers and Memorandum, with some differences. In regulations. The Department has other specific language in all guidance particular, Executive Order 13891 determined that the rules should be documents. Id. 50.26(b). required, among other things, that each revoked. The first rule was followed by a agency, as appropriate, build a single, In revoking the rules, the Department second, entitled ‘‘Processes and searchable, online database to which the is not departing from the principle that Procedures for Issuance and Use of agency would publicly post all guidance guidance documents cannot impose Guidance Documents’’ and published documents. Executive Order 13891 also legal requirements beyond those found on October 7, 2020 (85 FR 63200), required that agencies promulgate or in relevant constitutional provisions, which expanded on aspects of the first amend regulations to establish statutes, and legislative regulations. The rule by adding a new 28 CFR 50.27. procedures for issuing guidance Department also continues to believe Briefly, this second rule set forth documents, including requiring non- that guidance documents should be processes and procedures governing the binding disclaimer language and the clear, transparent, and readily accessible review, clearance, and issuance of publication of ‘‘significant’’ guidance to the public. But these principles, and guidance documents, and included documents for notice and comment. other related Department policies and limitations on the use of guidance Executive Order 13891 also directed practices concerning guidance documents in criminal and civil agencies to incorporate a series of documents, have traditionally been enforcement actions brought by the detailed and prescriptive requirements addressed through memoranda from Department. into their regulations for the Department leadership rather than Those two regulations published in development, review, issuance, and use through regulations. The Department is 2020 were developed from, and of guidance documents. therefore revoking 28 CFR 50.26 and 28 promulgated pursuant to, three The two regulations that are the CFR 50.27 in their entirety, and the documents. The first was a November subject of this rulemaking were issued Attorney General is concurrently issuing 16, 2017, memorandum issued by pursuant to the requirements of a new Memorandum setting forth the Attorney General Sessions, entitled Executive Order 13891, though some of Department’s policies going forward. ‘‘Prohibition on Improper Guidance their provisions were based on the E. Public Comments on the Two IFRs Documents’’ (‘‘the November 2017 somewhat similar language of the Pertaining to 28 CFR 50.26 and 50.27 Memorandum’’). The November 2017 November 2017 Memorandum and Memorandum acknowledged the January 2018 Memorandum. The two IFRs issued in 2020 to importance of guidance documents but promulgate 28 CFR 50.26 and 50.27 also stated that ‘‘guidance may not be C. Executive Order 13992 were made effective upon issuance, and used as a substitute for rulemaking and On January 20, 2021, President Biden by their nature they did not require a may not be used to impose new issued Executive Order 13992, which, pre-promulgation notice-and-comment

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period under the Administrative the Department was not required to G. Congressional Review Act Procedure Act. However, the publish a general notice of proposed This rule is not a major rule as Department chose to provide a 30-day rulemaking for this matter. See 5 U.S.C. defined by section 804 of the period for post-promulgation public 601(2), 604(a). Congressional Review Act (CRA), 5 comment for each rule. U.S.C. 804. This action pertains to The Department received fewer than C. Executive Orders 12866 and 13563— Regulatory Review agency management or personnel, and ten substantive comments on the two agency organization, procedure, or rules. The comments discussed the need This rule has been drafted and practice, and does not substantially to ensure that regulated parties have reviewed in accordance with Executive affect the rights or obligations of non- notice of legal obligations, and for Order 12866, ‘‘Regulatory Planning and agency parties. Accordingly, it is not a enforcement actions to be predicated on Review,’’ section 1(b), The Principles of ‘‘rule’’ as that term is used in the CRA, statutes and regulations. Other Regulation, and Executive Order 13563, 5 U.S.C. 804(3)(B), (C), and the reporting comments noted the importance of ‘‘Improving Regulation and Regulatory requirement of 5 U.S.C. 801 does not issuing agency guidance to the public, Review,’’ section 1(b), General apply. as agencies use interpretative guidance Principles of Regulation. to explain legal requirements and put H. Paperwork Reduction Act of 1995 them in context. The Department has This final rule is ‘‘limited to agency This final rule does not impose any considered these comments in organization, management, or personnel new reporting or recordkeeping connection with the decision to revoke matters’’ and thus is not a ‘‘rule’’ for requirements under the Paperwork the rules. purposes of review by the Office of Reduction Act of 1995, 44 U.S.C. 3501– Management and Budget (OMB), a 3521. III. Conclusion determination in which OMB has After having considered Executive concurred. See Executive Order 12866, List of Subjects in 28 CFR Part 50 Order 13992, the views of the sec. 3(d)(3). Accordingly, this rule has Administrative practice and Department’s components and their not been reviewed by OMB. The procedure. experience with the two rules, and the Department had claimed a similar Accordingly, for the reasons set forth public comments on the two IFRs exemption at the time of promulgating in the preamble, part 50 of chapter I of published in 2020, the Department has the two regulations (28 CFR 50.26 and title 28 of the Code of Federal concluded that the best approach at this 50.27) that are being revoked by this Regulations is amended as follows: point is to revoke the two regulations, rule. See 85 FR 50951, 50952; 85 FR 28 CFR 50.26 and 50.27, in their 63200, 63201. PART 50—STATEMENTS OF POLICY entirety, effective immediately. Revocation frees Department personnel, D. Executive Order 12988—Civil Justice ■ 1. The authority citation for part 50 including those in its litigating Reform continues to read as follows: components and those in components This regulation meets the applicable Authority: 5 U.S.C. 301; 18 U.S.C. 1162; 28 that issue guidance documents, from the standards set forth in sections 3(a) and U.S.C. 509, 510, 516, and 519; 42 U.S.C. 1921 overly prescriptive nature of these two et seq., 1973c; and Pub. L. 107–273, 116 Stat. 3(b)(2) of Executive Order 12988, ‘‘Civil regulations. Accordingly, this rule 1758, 1824. Justice Reform.’’ removes the regulations at 28 CFR 50.26 §§ 50.26 through 50.27 [Removed and and 50.27. E. Executive Order 13132—Federalism reserved] The current provisions of the Justice ■ Manual at sections 1–19.000 and This rule will not have substantial 2. Sections 50.26 and 50.27 are 1–20.000 (https://www.justice.gov/jm/ direct effects on the States, on the removed and reserved. justice-manual) will be revised as relationship between the national Dated: July 1, 2021. appropriate at a later date. The new government and the States, or on the Merrick B. Garland, Attorney General Memorandum, issued distribution of power and Attorney General. responsibilities among the various concurrently with this rule, sets forth [FR Doc. 2021–14480 Filed 7–15–21; 8:45 am] levels of government. Therefore, in the Department’s policies in this area BILLING CODE 4410–BB–P going forward. accordance with Executive Order 13132, ‘‘Federalism,’’ the Department has III. Regulatory Certifications determined that this rule does not have DEPARTMENT OF DEFENSE A. Administrative Procedure Act sufficient federalism implications to warrant the preparation of a federalism This rule relates to a matter of agency Office of the Secretary summary impact statement. management or personnel and is a rule of agency organization, procedure, or F. Unfunded Mandates Reform Act of 32 CFR Parts 169 and 169a practice. As such, this rule is exempt 1995 [Docket ID: DOD–2019–OS–0113] from the usual requirements of prior notice and comment and a 30-day delay This rule will not result in the RIN 0790–AK91 in effective date. See 5 U.S.C. 553(a)(2), expenditure by State, local, and tribal Commercial Activities Program (b)(A), (d). The rule is effective upon governments, in the aggregate, or by the signature. The Department, however, is, private sector, of $100 million or more AGENCY: Office of the Secretary, in its discretion, seeking post- (adjusted for inflation) in any one year, Department of Defense (DoD). promulgation public comment on this and it will not significantly or uniquely ACTION: Final rule. rulemaking. affect small governments. Therefore, no actions are necessary under the SUMMARY: This final rule removes DoD’s B. Regulatory Flexibility Act provisions of the Unfunded Mandates regulations concerning the Commercial A Regulatory Flexibility Analysis was Reform Act of 1995, 2 U.S.C. 1501 et Activities Program. The regulations are not required for this final rule because seq. obsolete since they have been

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superseded by statute, regulation, and covered by 32 CFR parts 169 and 169a. PART 169a—[REMOVED] policy and, therefore, can be removed The FAIR Act, for example, establishes from the Code of Federal Regulations in law the framework of inherently ■ 2. Under the authority of 5 U.S.C. 301, (CFR). governmental and commercial activities 32 CFR part 169a is removed. DATES: This rule is effective on July 16, functions, while 10 U.S.C. 2461 Dated: July 13, 2021. 2021. establishes the requirement for public/ Kayyonne T. Marston, FOR FURTHER INFORMATION CONTACT: private competitions before conversion Alternate OSD Federal Register Liaison Jason M. Beck, (703) 697–1735 (desk); to contractor performance— Officer, Department of Defense. competitions which are covered under 571–309–0478 (mobile). [FR Doc. 2021–15163 Filed 7–15–21; 8:45 am] OMB Circular A–76. The FAR and SUPPLEMENTARY INFORMATION: This final BILLING CODE 5001–06–P DFARS regulations, as well as OFPP rule removes the DoD regulations at 32 Policy Letter 11–01, go even farther than CFR part 169, most recently updated on the FAIR Act and delineate additional May 19, 1989 (54 FR 21726), and 32 DEPARTMENT OF HOMELAND categories of functions (such as closely CFR part 169a, most recently updated SECURITY associated with inherently on July 1, 1992 (57 FR 29207), because they are obsolete. This action is governmental and critical) which are Coast Guard predicated on reissued guidance and not mentioned in 32 CFR 169 and 169a. policy from the Office of Management Similarly, 10 U.S.C. 2330a establishes 33 CFR Part 165 law for the collection of contract and Budget (OMB), cancellation of [Docket Number USCG–2021–0470] associated DoD policies, and the services data, another area related to the enactment of statute in title 10 of the commercial activities discussed in 32 RIN 1625–AA00 United States Code (U.S.C.). CFR 169 and 169a, but not covered by The content of 32 CFR part 169 was them. Safety Zone; Upper Mississippi River, based on the DoD policy document, DoD Additionally, the OMB Circular A–76 Mile Marker 579.7 Approximately 1,000 Instruction 4100.15, ‘‘Commercial public-private competition process has Feet Northwest of the Ulysses S. Grant Activities Program,’’ which was been under a Congressional moratorium Memorial Hwy., Dubuque, IA subsequently cancelled on July 10, since 2008. If the moratorium were AGENCY: Coast Guard, Department of 2013, because it was obsolete. The lifted, the rules would still be Homeland Security (DHS). content of 32 CFR part 169a was based considered obsolete and unnecessary, ACTION: Temporary final rule. on the DoD policy document, DoD and promulgating new rules would be Instruction 4100.33, ‘‘Commercial unnecessary due to the inclusion of SUMMARY: The Coast Guard is Activities Program Procedures,’’ which language in title 10 U.S.C., the FAR, establishing a temporary safety zone for was also subsequently cancelled on DFARS, and elsewhere in executive all navigable waters of the Upper March 4, 2011, because it was obsolete. agency policy, as previously noted. Mississippi River at mile marker 579.7 DoD’s commercial activities program These acts and policies address and extending 500 feet from the left was based on a previous version of OMB cover the intent of parts 169 and 169a decending bank approximately 1,000 Circular A–76, ‘‘Performance of and, therefore, no longer make them feet northwest of the Ulysses S. Grant Commercial Activities,’’ which was applicable and worthy of staying active. Memorial Hwy. The safety zone is rescinded and replaced in May 2003 Furthermore, not only are parts 169 and needed to protect personnel, vessels, (available at https:// 169a unnecessary, they are no longer and the marine environment from www.whitehouse.gov/sites/ current with the statutory, regulatory, potential hazards created by a fireworks whitehouse.gov/files/omb/circulars/ and policy framework that governs the display. Entry of vessels or persons into A76/a76_incl_tech_correction.pdf). acquisition of services and functions in this zone is prohibited unless In addition to the cancellation of the the Total Force Management policy specifically authorized by the Captain of associated DoD Instructions for parts space. the Port Sector Upper Mississippi River 169 and 169a that deem the rules It has been determined that or a designated representative. obsolete, the subject matter aligned to publication of these CFR part removals DATES: This rule is effective on July 17, these rules have substantially changed for public comment is impracticable, 2021, from 9 p.m. through 10:30 p.m. and been addressed in other areas. For unnecessary, and contrary to public ADDRESSES: To view documents example, 10 U.S.C. 2330a and 10 U.S.C. interest since they are based on the 2461 were enacted in 2008 and 1996, mentioned in this preamble as being removal of obsolete information. These available in the docket, go to https:// respectively; the Federal Activities removals are not significant under Inventory Reform (FAIR) Act was www.regulations.gov, type USCG–2021– Executive Order (E.O.) 12866, 0470 in the search box and click enacted in 1998; the definitions and ‘‘Regulatory Planning and Review.’’ policy in the Federal Acquisition ‘‘Search.’’ Next, in the Document Type Regulation (FAR) Parts 2, 7.3, and 7.5, List of Subjects in 32 CFR Parts 169 and column, select ‘‘Supporting & Related as well as the Defense Federal 169a Material.’’ Acquisition Regulation Supplement FOR FURTHER INFORMATION CONTACT: If (DFARS) 207.5 were changed to reflect Armed forces, Government you have questions on this rule, call or the new rules in the FAIR Act and the procurement. email Lieutenant Commander Stephanie 2003 version of OMB Circular A–76; Accordingly, the Department of Moore, Sector Upper Mississippi River and the Office of Federal Procurement Defense amends 32 CFR chapter I as Waterways Management Division, U.S. Policy (OFPP) issued Policy Letter 11– follows: Coast Guard; telephone 314–269–2560, 01, ‘‘Performance of Inherently email [email protected]. Governmental and Critical Functions,’’ PART 169—[REMOVED] SUPPLEMENTARY INFORMATION: in 2011 (76 FR 56227). These laws, regulations, and Federal policies all ■ 1. Under the authority of 5 U.S.C. 301, I. Table of Abbreviations substantially address the policy space 32 CFR part 169 is removed. CFR Code of Federal Regulations

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DHS Department of Homeland Security the Ulysses S. Grant Memorial Hwy. The Coast Guard certifies under 5 U.S.C. FR Federal Register The duration of the zone is intended to 605(b) that this rule will not have a NPRM Notice of proposed rulemaking protect personnel, vessels, and the significant economic impact on a § Section marine environment in these navigable substantial number of small entities. U.S.C. United States Code waters before, during, and after a While some owners or operators of II. Background Information and fireworks display. No vessel or person vessels intending to transit the safety Regulatory History will be permitted to enter the safety zone may be small entities, for the zone without obtaining permission from reasons stated in section V.A above, this The Coast Guard is issuing this rule will not have a significant temporary rule without prior notice and the COTP or a designated representative. A designated economic impact on any vessel owner opportunity to comment pursuant to or operator. authority under section 4(a) of the representative is a commissioned, warrant, or petty officer of the U.S. Under section 213(a) of the Small Administrative Procedure Act (APA) (5 Business Regulatory Enforcement U.S.C. 553(b)). This provision Coast Guard (USCG) assigned to units under the operational control of USCG Fairness Act of 1996 (Pub. L. 104–121), authorizes an agency to issue a rule we want to assist small entities in without prior notice and opportunity to Sector Upper Mississippi River. The COTP or a designated understanding this rule. If the rule comment when the agency for good representative will inform the public of would affect your small business, cause finds that those procedures are the enforcement date and times for this organization, or governmental ‘‘impracticable, unnecessary, or contrary safety zone, as well as any emergent jurisdiction and you have questions to the public interest.’’ Under 5 U.S.C. safety concerns that may delay the concerning its provisions or options for 553(b)(B), the Coast Guard finds that enforcement of the zone. compliance, please call or email the good cause exists for not publishing a person listed in the FOR FURTHER notice of proposed rulemaking (NPRM) V. Regulatory Analyses INFORMATION CONTACT section. with respect to this rule because We developed this rule after Small businesses may send comments because it is impracticable. We must considering numerous statutes and on the actions of Federal employees establish this safety zone by July 17, Executive orders related to rulemaking. who enforce, or otherwise determine 2021, and lack sufficient time to provide Below we summarize our analyses compliance with, Federal regulations to a reasonable comment period and then based on a number of these statutes and the Small Business and Agriculture consider those comments before issuing Executive orders, and we discuss First Regulatory Enforcement Ombudsman the rule. Amendment rights of protestors. and the Regional Small Business Under 5 U.S.C. 553(d)(3), the Coast Regulatory Fairness Boards. The A. Regulatory Planning and Review Guard finds that good cause exists for Ombudsman evaluates these actions making this rule effective less than 30 Executive Orders 12866 and 13563 annually and rates each agency’s days after publication in the Federal direct agencies to assess the costs and responsiveness to small business. If you Register. Delaying the effective date of benefits of available regulatory wish to comment on actions by this rule would be contrary to the public alternatives and, if regulation is employees of the Coast Guard, call interest because immediate action is necessary, to select regulatory 1–888–REG–FAIR (1–888–734–3247). needed to respond to the potential approaches that maximize net benefits. The Coast Guard will not retaliate safety hazards associated with the This rule has not been designated a against small entities that question or fireworks display. ‘‘significant regulatory action,’’ under complain about this rule or any policy III. Legal Authority and Need for Rule Executive Order 12866. Accordingly, or action of the Coast Guard. this rule has not been reviewed by the The Coast Guard is issuing this rule Office of Management and Budget C. Collection of Information under authority in 46 U.S.C. 70034 (OMB). This rule will not call for a new (previously 33 U.S.C. 1231). The This regulatory action determination collection of information under the Captain of the Port Sector Upper is based on the size, location, and Paperwork Reduction Act of 1995 (44 Mississippi River (COTP) has duration of the temporary safety zone. U.S.C. 3501–3520). determined that potential hazards This action involves a fireworks display associated with a fireworks display on that impacts a one half mile stretch of D. Federalism and Indian Tribal July 17, 2021, will be a safety concern the Upper Mississippi River on July 17, Governments for anyone on the Upper Mississippi 2021, from 9 p.m. through 10:30 p.m. A rule has implications for federalism River at Mile Marker (MM) 579.7. This Moreover, the Coast Guard will issue a under Executive Order 13132, rule resulted from a marine event Broadcast Notice to Mariners via VHF– Federalism, if it has a substantial direct notification stating that there will be a FM marine channel 16 about the safety effect on the States, on the relationship fireworks display to celebrate a wedding zone, mariners may seek permission to between the National Government and on the Upper Mississippi River. This enter the zone. the States, or on the distribution of rule is needed to protect personnel, power and responsibilities among the vessels, and the marine environment in B. Impact on Small Entities various levels of government. We have the navigable waters within the safety The Regulatory Flexibility Act of analyzed this rule under that order and zone before, during, and after the 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent fireworks display. requires Federal agencies to consider with the fundamental federalism the potential impact of regulations on principles and preemption requirements IV. Discussion of the Rule small entities during rulemaking. The described in Executive Order 13132. This rule establishes a safety zone on term ‘‘small entities’’ comprises small Also, this rule does not have tribal Upper Mississippi River at 9 p.m. businesses, not-for-profit organizations implications under Executive Order through 10:30 p.m. The safety zone will that are independently owned and 13175, Consultation and Coordination cover all navigable waters of the Upper operated and are not dominant in their with Indian Tribal Governments, Mississippi River at mile marker 579.7 fields, and governmental jurisdictions because it does not have a substantial approximately 1,000 feet northwest of with populations of less than 50,000. direct effect on one or more Indian

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tribes, on the relationship between the For the reasons discussed in the DEPARTMENT OF EDUCATION Federal Government and Indian tribes, preamble, the Coast Guard amends 33 or on the distribution of power and CFR part 165 as follows: 34 CFR Chapter II responsibilities between the Federal Government and Indian tribes. PART 165—REGULATED NAVIGATION Final Waiver and Extension of the AREAS AND LIMITED ACCESS AREAS Project Periods for the Equity E. Unfunded Mandates Reform Act Assistance Centers Grant Program ■ 1. The authority citation for part 165 AGENCY: Office of Elementary and The Unfunded Mandates Reform Act continues to read as follows: of 1995 (2 U.S.C. 1531–1538) requires Secondary Education (OESE), Federal agencies to assess the effects of Authority: 46 U.S.C. 70034, 70051; 33 CFR Department of Education. their discretionary regulatory actions. In 1.05–1, 6.04–1, 6.04–6, and 160.5; ACTION: Final waiver and extension of particular, the Act addresses actions Department of Homeland Security Delegation project periods. No. 0170.1. that may result in the expenditure by a SUMMARY: State, local, or tribal government, in the ■ 2. Add § 165.T08–0470 to read as The Secretary waives the aggregate, or by the private sector of follows: requirements in the Education Department General Administrative $100,000,000 (adjusted for inflation) or § 165.T08–0470 Safety Zone; Upper more in any one year. Though this rule Regulations that generally prohibit Mississippi River, Mile Marker 579.7, project periods exceeding five years and will not result in such an expenditure, Dubuque, IA. project period extensions involving the we do discuss the effects of this rule obligation of additional Federal funds. elsewhere in this preamble. (a) Location. The following area is a safety zone: All navigable waters of the The waiver and extension enable four F. Environment Upper Mississippi River at mile marker projects under Assistance Listing 579.7 extending 500 feet from the left Number (ALN) 84.004D to receive We have analyzed this rule under decending bank approximately 1,000 funding for an additional period, not to Department of Homeland Security feet northwest of the Ulysses S. Grant exceed September 30, 2022. Directive 023–01, Rev. 1, associated Memorial Hwy. DATES: The waiver and extension of the implementing instructions, and (b) Enforcement period. This section project periods are effective July 16, Environmental Planning COMDTINST will be enforced on July 17, 2021, from 2021. 5090.1 (series), which guide the Coast 9 p.m. through 10:30 p.m. Guard in complying with the National FOR FURTHER INFORMATION CONTACT: Ed Environmental Policy Act of 1969 (42 (c) Regulations. (1) In accordance with Vitelli, U.S. Department of Education, U.S.C. 4321–4370f), and have the general regulations in § 165.23, 400 Maryland Avenue SW, Room determined that this action is one of a persons and vessels are prohibited from 3E106, Washington, DC 20202. category of actions that do not entering the safety zone unless Telephone: 202–453–6203. Email: individually or cumulatively have a authorized by the Captain of the Port [email protected]. significant effect on the human Sector Upper Mississippi River (COTP) If you use a telecommunications environment. This rule involves a safety or a designated representative. A device for the deaf (TDD) or a text zone lasting one hour and thirty designated representative is a telephone (TTY), call the Federal Relay minutes that will prohibit entry on the commissioned, warrant, or petty officer Service (FRS), toll free, at 1–800–877– Upper Mississippi River at MM 579.7, of the U.S. Coast Guard (USCG) assigned 8339. extending 500 feet from the left to units under the operational control of SUPPLEMENTARY INFORMATION: USCG Sector Upper Mississippi River. decending bank. It is categorically Background excluded from further review under (2) Persons or vessels desiring to enter paragraph L60 in Appendix A, Table 1 into or pass through the zone must On July 18, 2016, the Department of of DHS Instruction Manual 023–01– request permission from the COTP or a Education (Department) published in 001–01, Rev. A Record of designated representative. They may be the Federal Register (81 FR 46820) a Environmental Consideration contacted on VHF radio Channel 16 or notice inviting applications for four supporting this determination is by telephone at 314–269–2332. projects for fiscal year (FY) 2016 under available in the docket. For instructions (3) If permission is granted, all the Equity Assistance Centers (EAC) on locating the docket, see the persons and vessels shall comply with program, authorized under title IV of the ADDRESSES section of this preamble. the instructions of the COTP or Civil Rights Act of 1964, 42 U.S.C. designated representative while 2000c–2000c–2, 2000c–5. G. Protest Activities navigating in the regulated area. The purpose of the EAC projects is to (d) Informational broadcasts. The provide technical assistance (including The Coast Guard respects the First training) at the request of school boards Amendment rights of protesters. COTP or a designated representative will inform the public of the and other responsible governmental Protesters are asked to call or email the agencies in the preparation, adoption, person listed in the FOR FURTHER enforcement date and times for this safety zone, as well as any emergent and implementation of plans for the INFORMATION CONTACT section to desegregation of public schools, and in coordinate protest activities so that your safety concerns that may delay the enforcement of the zone through the development of effective methods of message can be received without coping with special educational jeopardizing the safety or security of Broadcast Notice to Mariners (BNM) and or Local Notices to Mariners (LNMs). problems occasioned by desegregation. people, places or vessels. Desegregation assistance, per 34 CFR Dated: July 13, 2021. List of Subjects in 33 CFR Part 165 270.4, may include, among other C.J. Barger, activities: (1) Dissemination of Harbors, Marine safety, Navigation Commander, Acting Captain of the Port, U.S. information regarding effective methods (water), Reporting and recordkeeping Coast Guard. of coping with special educational requirements, Security measures, [FR Doc. 2021–15177 Filed 7–15–21; 8:45 am] problems occasioned by desegregation; Waterways. BILLING CODE 9110–04–P (2) assistance and advice in coping with

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these problems; and (3) training elementary or secondary school assistance (including training) in all designed to improve the ability of personnel to deal effectively with four of the desegregation assistance teachers, supervisors, counselors, special educational problems areas: Race, sex, national origin, and parents, community members, occasioned by desegregation. All four religion. A table listing the FY 2016 community organizations, and other EAC projects provide technical EAC projects follows.

FY 2016 awards under ALN 84.004D Project information

S004D160012 ...... Mid-Atlantic Equity Consortium, Bethesda, MD, Project: Center for Education Equity. S004D160005 ...... Intercultural Development Research Association, San Antonio, TX, Project: IDRA Equity Assistance Center South. S004D160011 ...... Indiana University, Indianapolis, IN, Project: Midwest and Plains Equity Assistance Center. S004D160004 ...... Metropolitan State University of Denver, Denver, CO, Project: Western Educational Equity Assistance Cen- ter (WEEAC).

The EACs’ project periods started on However, as the effects of the COVID– Department also sought to ensure that October 1, 2016 and will end on 19 pandemic unfolded and as learning the next EAC grant competition is, to September 30, 2021. recovery and school reentry efforts the extent statutorily permitted, aligned On January 13, 2021, the Department intensified, the Department sought to with the Biden Administration’s policy published in the Federal Register (86 ensure the continuity of services directives, including, for example, the FR 2653) a notice inviting applications provided by the FY 2016 EAC projects Executive orders and memorandum for an FY 2021 EAC competition (FY to vulnerable populations, schools, and included in the table below. 2021 NIA). school districts across the country. The

Date signed by Title of policy directive President Biden

Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Gov- January 20, 2021. ernment. Executive Order 13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation .. January 20, 2021. Memorandum: Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific January 26, 2021. Islanders in the United States. Executive Order 14012: Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion February 2, 2021. Efforts for New Americans.

To ensure the continuity of services, Comment: One commenter stated that 2016 EAC projects demonstrated that and to allow the Department the three of the four FY 2016 EAC projects they made substantial progress in opportunity to consider how best to should not receive a waiver and achieving the goals and objectives of align the EAC program with these extension because they have not their grants, and in meeting their Executive orders, to the extent demonstrated transparency and results performance measures and targets statutorily permitted, the Department related to their work in the EAC within the scope of their approved published on March 4, 2021 in the program. With respect to one of these projects. The Department also notes that Federal Register (86 FR 12664) a notice projects, the commenter cited all FY 2016 EAC projects have made withdrawing the FY 2021 NIA and transactions that it contended their most recent single audits publicly cancelling the FY 2021 EAC constituted conflicts of interest or available, in accordance with Federal competition. On March 25, 2021, the created the appearance of fiscal grant regulations. Accordingly, the Department published in the Federal impropriety. Department has concluded that Register (86 FR 15829) a notice of Discussion: The Department continuation of the projects is in the proposed waiver and extension, in encourages the commenter to visit the best interest of the Federal Government. which it proposed to waive the Department’s EAC performance web Changes: None. requirements in the Education page, located at https://oese.ed.gov/ Department General Administrative offices/office-of-formula-grants/ Final Waivers and Extensions Regulations that generally prohibit program-and-grantee-support-services/ project periods exceeding five years and training-and-advisory-services-equity- The Department believes it is in the project period extensions involving the assistance-centers/performance- best interest of the public to extend the obligation of additional Federal funds. training-and-advisory-services-equity- current EAC project periods for one The proposed waiver and extension assistance-centers/, to find current year. Correspondingly, the Secretary would enable the four FY 2016 EAC performance data for the four FY 2016 waives the requirements in 34 CFR projects to receive funding for one EAC projects. In accordance with the 75.250, which prohibit project periods additional period, not to exceed applicable requirements for exceeding five years, as well as the September 30, 2022. continuation funding in 34 CFR 75.253, requirements in 34 CFR 75.261(a) and Public Comment: In response to our the Department monitored and reviewed (c)(2), which permit the extension of a invitation of public comment in the the performance of the FY 2016 EAC project period only if the extension does notice of proposed waiver and projects, which, included, where not involve the obligation of additional extension, one party submitted a appropriate, examining allegations of Federal funds. The waiver will permit responsive comment. An analysis of the potential conflicts of interest and fiscal the Department to issue a FY 2021 comment follows. impropriety, and determined that all FY continuation award to each of the four

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currently funded EAC projects, as estimated in the table below.

Estimated Project information amount

Mid-Atlantic Equity Consortium, Project: Center for Education Equity ...... $1,640,562 Intercultural Development Research Association, Project: IDRA Equity Assistance Center South ...... 1,641,567 Indiana University, Project: Midwest and Plains Equity Assistance Center ...... 1,607,310 Metropolitan State University of Denver, Project: Western Educational Equity Assistance Center (WEEAC) ...... 1,642,170

Please note that the Department is not file, braille, large print, audiotape, or Androscoggin, Sagadahoc, Kennebec, bound by the estimates in this table. compact disc, or other accessible format. Knox and Lincoln counties (the Any activities carried out under these Electronic Access to This Document: Southern Maine Area), which are part of continuation awards must be consistent The official version of this document is the Portland and Midcoast Ozone with the scope and objectives of the the document published in the Federal Maintenance Areas for the 1997 ozone grantees’ applications as approved in Register. You may access the official national ambient air quality standard the FY 2016 competition. The edition of the Federal Register and the (NAAQS). EPA has determined that this requirements for continuation awards Code of Federal Regulations at removal of the Federal RFG program for are set forth in 34 CFR 75.253. www.govinfo.gov. At this site you can the Southern Maine Area is consistent Regulatory Flexibility Act Certification view this document, as well as all other with the applicable provisions of the documents of this Department Clean Air Act (CAA) and EPA’s The Secretary certifies that the waiver published in the Federal Register, in regulations. and extension of the project period text or Portable Document Format would not have a significant economic DATES: The effective date for removal of (PDF). To use PDF, you must have the Southern Maine Area from the impact on a substantial number of small Adobe Acrobat Reader, which is entities. The only entities that would be Federal RFG program is September 30, available free at the site. 2021. affected by the waiver and extension of You may also access documents of the the project period are the current Department published in the Federal FOR FURTHER INFORMATION CONTACT: grantees. The Secretary certifies that the Register by using the article search Mark Coryell, Office of Transportation waiver and extension would not have a feature at www.federalregister.gov. and Air Quality, U.S. Environmental significant economic impact on these Specifically, through the advanced Protection Agency, 2000 Traverwood, entities, because the extension of an search feature at this site, you can limit Ann Arbor, MI 48105; telephone existing project period imposes minimal your search to documents published by number: (734) 214–4446; email address: compliance costs, and the activities the Department. [email protected] or Rudy required to support the additional year Kapichak, Office of Transportation and of funding would not impose additional Ian Rosenblum, Air Quality, U.S. Environmental regulatory burdens or require Deputy Assistant Secretary for Policy and Protection Agency, 2000 Traverwood, unnecessary Federal supervision. Programs Delegated the Authority to Perform Ann Arbor, MI 48105; telephone the Functions and Duties of the Assistant number: 734–214–4574; email address: Paperwork Reduction Act of 1995 Secretary, Office of Elementary and [email protected]. Secondary Education. This notice of final waiver and SUPPLEMENTARY INFORMATION: extension of the project period does not [FR Doc. 2021–15162 Filed 7–15–21; 8:45 am] contain any information collection BILLING CODE 4000–01–P I. General Information requirements. A. Does this action apply to me? Intergovernmental Review ENVIRONMENTAL PROTECTION Entities potentially affected by this This program is subject to Executive AGENCY final action are fuel producers and Order 12372 and the regulations in 34 distributors who do business in the CFR part 79. One of the objectives of the 40 CFR Part 80 Southern Maine Area. Executive order is to foster an intergovernmental partnership and a [EPA–HQ–OAR–2018–0114; FRL–10025–34– Examples of potentially regulated NAICS 1 OAR] strengthened federalism. The Executive entities codes order relies on processes developed by Removal of the Federal Reformulated Petroleum refineries ...... 324110 State and local governments for Gasoline Program From the Southern 424710 coordination and review of proposed Maine Area Gasoline Marketers and Distribu- Federal financial assistance. This tors ...... 424720 document provides notification of our AGENCY: Environmental Protection Gasoline Retail Stations ...... 447110 specific plans and actions for this Agency (EPA). Gasoline Transporters ...... 484220 program. ACTION: Notification of final action on 484230 Accessible Format: On request to the petition. program contact person listed under FOR The above table is not intended to be FURTHER INFORMATION CONTACT, SUMMARY: The Environmental Protection exhaustive, but rather provides a guide individuals with disabilities can obtain Agency (EPA) is taking final action in for readers regarding entities likely to be this document in an accessible format. announcing its approval of the petition regulated by this action. The table lists The Department will provide the by Maine to opt-out of the Federal the types of entities of which EPA is requestor with an accessible format that reformulated gasoline (RFG) program aware that potentially could be affected may include Rich Text Format (RTF) or and remove the requirement to sell text format (txt), a thumb drive, an MP3 Federal RFG for York, Cumberland, 1 North American Industry Classification System.

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by this final action. Other types of prohibition in section 211(k)(5) on the regulations also provide that EPA will entities not listed on the table could also sale or dispensing by any person of notify the state in writing of the be affected by this final action. To conventional (non-RFG) gasoline to Agency’s action on the petition and the determine whether your organization ultimate consumers in the covered area. date the opt-out becomes effective (i.e., could be affected by this final action, The prohibition also includes the sale or the date RFG is no longer required in you should carefully examine the dispensing by any refiner, blender, the affected opt-in area) when the regulations in 40 CFR part 1090. If you importer, or marketer of conventional petition is approved. The opt-out have questions regarding the gasoline for resale in any covered areas, regulations also provide that EPA will applicability of this action to a without segregating the conventional publish a Federal Register notice particular entity, see the FOR FURTHER gasoline from RFG and clearly marking announcing the approval of any opt-out INFORMATION CONTACT section of this conventional gasoline as not for sale to petition and the effective date of such preamble. ultimate consumers in a covered area. opt-out. If a SIP revision is required, the EPA first published regulations for the effective date of EPA’s approval of the B. How can I get copies of this document RFG program on February 16, 1994 (59 opt-out can be no less than 90 days from and other related information? FR 7716). the effective date of EPA’s approval of EPA has established a docket for this On July 23, 2013, the Governor of the revision to the SIP that removes RFG action under Docket ID No. EPA–HQ– Maine formally requested, pursuant to as a control measure (40 CFR OAR–2021–0243. All documents in the CAA section 211(k)(6)(B), that the U.S. 1090.290(d)). docket are listed on the Environmental Protection Agency (EPA) EPA determined in the RFG ‘‘Opt-out www.regulations.gov website. Although extend the requirement for the sale of Rule’’ that it would not be necessary to listed in the index, some information RFG to the Southern Maine Area conduct a separate rulemaking for each may not be publicly available, e.g., beginning on May 1, 2014. The Maine future opt-out request (61 FR 35673 at Confidential Business Information (CBI) legislature subsequently enacted an 35675 (July 8, 1996)). EPA established a or other information whose disclosure is emergency law, Public Law 2013 c.452, petition process to address, on a case- restricted by statute. Certain other effective March 6, 2014, to postpone the by-case basis, future individual state material, such as copyrighted material, requirement for the sale of RFG in the requests to opt-out of the RFG program. is not placed on the internet and will be Southern Maine Area until June 1, 2015. The RFG opt-out regulations establish publicly available only in hard copy Pursuant to that legislation, the clear and objective criteria for EPA to form. Publicly available docket Commissioner of the Maine DEP apply. These regulatory criteria address materials are available electronically submitted a request to the EPA on when a state’s petition is complete and through www.regulations.gov. March 10, 2014, modifying Maine’s the appropriate transition time for request for the implementation date for opting out. As EPA stated in the II. Background the sale of RFG in the Southern Maine preamble to the RFG Opt-out Rule, this A. What is the Federal RFG program? Area to coincide with the new June 1, application of regulatory criteria on a 2015 effective date. A current listing of case-by-case basis to individual opt-out The 1990 CAA Amendments (CAA) the RFG covered areas and a summary requests does not require notice-and- established specific requirements for the of RFG requirements can be found on comment rulemaking, either under CAA Federal RFG program to reduce ozone EPA’s website at: https://www.epa.gov/ section 307(d) or the Administrative levels in certain areas in the country gasoline-standards/reformulated- Procedure Act. Thus, in this action, EPA experiencing ground-level ozone or gasoline. is applying the criteria and following smog problems by reducing vehicle the procedures specified in the RFG opt- B. RFG Opt-Out Procedures emissions of compounds that form out regulations to approve Maine’s ozone, specifically volatile organic The RFG opt-out regulations (40 petition. compounds (VOCs). CAA section CFR1090.290—Changes to RFG covered 211(k)(5) directed EPA to issue areas and procedures for opting out of C. Opt-Out of RFG for the Southern regulations that specify how gasoline RFG) provide the process and criteria Maine Area can be ‘‘reformulated’’ to result in for a reasonable transition out of the On August 20, 2020, Maine submitted significant reductions in vehicle RFG program if a state decides to opt- a petition to the EPA Administrator emissions of ozone-forming and toxic out.2 These RFG opt-out regulations requesting to opt-out from the RFG air pollutants relative to the 1990 provide that the governor of the state program for York, Cumberland, baseline fuel, and to require the use of must submit a petition to the Androscoggin, Sagadahoc, Kennebec, such reformulated gasoline in certain Administrator requesting to opt-out of Knox and Lincoln counties (the ‘‘covered areas.’’ The CAA defined the RFG program. The petition must Southern Maine Area), which are part of certain nonattainment areas as ‘‘covered include specific information on how, if the Portland and Midcoast Ozone areas’’ that are required to use RFG and at all, the state has relied on RFG in a Maintenance Areas for the 1997 ozone provided other areas with an ability to proposed or approved state NAAQS. EPA finds that Maine has ‘‘opt-in’’ to the RFG program. CAA implementation plan (SIP) or plan provided the required information in section 211(k)(6) provides an revision and, if RFG is relied upon, how the petition, per 40 CFR 1090.290(d). In opportunity for an area classified as a the SIP will be revised to reflect the order to fulfill the requirements of the Marginal, Moderate, Serious, or Severe state’s opt-out from RFG. The opt-out RFG opt-out regulations, on August 20, ozone nonattainment area, or which is 2020, Maine submitted a revision to its in the ozone transport region 2 Pursuant to CAA sections 211(c) and (k) and maintenance plan for the Southern established by CAA section 184(a), to 301(a), EPA promulgated regulations at 40 CFR Maine Area to remove the emissions 80.72 to provide criteria and general procedures for ‘‘opt-in’’ to the RFG program upon states to opt-out of the RFG program where the state reductions associated with the use of application by the governor of the state had previously voluntarily opted into the program. RFG in this area and to demonstrate that (or authorized representative) and The regulations were initially adopted on July 8, the RFG opt-out would not interfere 1996 (61 FR 35673) (the RFG ‘‘Opt-out Rule’’); were with the area’s ability to attain or subsequent action by EPA. revised on October 20, 1997 (62 FR 54552) and were Similar to other RFG covered areas, subsequently revised on December 4, 2020 (85 FR maintain the 1997, 2008 and 2015 ozone RFG opt-in areas are subject to the 78412). NAAQS and any other NAAQS as

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required by CAA section 110(l) (40 90 days after the effective date of the Standard (NAAQS). Specifically, the CFR1090.290(d)). EPA published a approval of the SIP revision. EPA EPA now has sufficient information to proposed approval of the SIP revision published a final approval of Maine’s determine that these unclassifiable areas on March 25, 2021 (86 FR 15844) and maintenance plan revision and in Nebraska and Texas are attaining the a final approval of the SIP revision on noninterference demonstration on June 2010 1-hour SO2 primary NAAQS. June 2, 2021 (86 FR 29520), with an 2, 2021 (86 FR 29520), with an effective Therefore, the EPA is redesignating effective date of July 2, 2021. The RFG date of July 2, 2021. these areas to attainment/unclassifiable opt-out regulations provide that the opt- In summary, EPA is notifying the for the 2010 1-hour SO2 primary out effective date shall be no less than public that it has applied its regulatory NAAQS. The EPA is also approving 90 days from the EPA SIP approval criteria to approve the petition by Maine these states’ requests to redesignate the effective date (40 CFR 1090(d)(2)(ii)). to opt-out of the RFG program for the areas. EPA is unaware of any reason that the Southern Maine Area of the Portland DATES: This final rule is effective on effective date should be postponed, and and Midcoast ozone maintenance area August 16, 2021. therefore, is establishing an opt-out for the 1997 ozone NAAQS and is ADDRESSES: The EPA has established a effective date of September 30, 2021 for thereby removing the prohibition on the docket for this action under Docket ID the Southern Maine Area. sale of conventional gasoline in that No. EPA–HQ–OAR–2020–0292. All As provided by the RFG Opt-out Rule area as of September 30, 2021 (40 CFR documents in the docket are listed in and the opt-out regulations in 40 CFR 1090.290(d)). This opt-out effective date the https://www.regulations.gov. 1090.290(e), EPA will publish a final applies to retailers, wholesale Although listed in the index, some rule to remove the seven counties in the purchasers, consumers, refiners, information is not publicly available, Southern Maine Area from the list of importers, and distributors. e.g., Confidential Business Information RFG covered areas in 40 CFR or other information whose disclosure is 1090.285(d) after the effective date of Michael S. Regan, restricted by statute. Certain other the opt-out. EPA believes that Administrator. material, such as copyrighted material, completing this ministerial exercise to [FR Doc. 2021–15127 Filed 7–15–21; 8:45 am] is not placed on the internet and will be revise the list of covered areas in the BILLING CODE 6560–50–P publicly available only in hard copy Code of Federal Regulations after the form. effective date of the opt-out allows the Out of an abundance of caution for opt-out to become effective within the ENVIRONMENTAL PROTECTION members of the public and our staff, the timeframe described in 40 CFR AGENCY EPA Docket Center and Reading Room 1090.290(d), and allows EPA to keep the 40 CFR Part 81 are currently closed to the public, with lists of RFG covered areas in 40 CFR limited exceptions, to reduce the risk of 1090.285 up to date. [EPA–HQ–OAR–2020–0292; FRL–7822–01– transmitting COVID–19. Our Docket OAR] III. Action Center staff will continue to provide EPA is approving Maine’s petition RIN 2060–AU79 remote customer service via email, phone, and webform. For further because it contained the information Redesignation of Certain required by 40 CFR 1090(d) in its information on the EPA Docket Center Unclassifiable Areas for the 2010 services and the current status, please petition to EPA to opt-out of the RFG 1-Hour Sulfur Dioxide (SO ) Primary program and revised the approved 2 visit us online at https://www.epa.gov/ National Ambient Air Quality Standard dockets. maintenance plan for the 1997 ozone (NAAQS) NAAQS for the Southern Maine Area to FOR FURTHER INFORMATION CONTACT: For remove the emissions reductions AGENCY: Environmental Protection general questions concerning this associated with RFG. EPA is also Agency (EPA). action, please contact Gobeail determining the opt-out effective date ACTION: Final rule. McKinley, U.S. EPA, Office of Air by applying the criteria in 40 CFR Quality Planning and Standards, Air 1090.290(d). As discussed in Section SUMMARY: The Environmental Protection Quality Policy Division, C539–04, II.A. above, the RFG opt-out regulations Agency (EPA) is redesignating the Research Triangle Park, NC 27709, by require that if a state included RFG as Lancaster County, Nebraska and Milam email at [email protected]. The a control measure in an approved SIP, County, Texas unclassifiable areas following EPA Regional office contacts the state must revise the SIP, reflecting initially designated during the EPA’s can answer questions regarding the the removal of RFG as a control measure Round 2 air quality designations for the specific areas being redesignated: before an opt-out can be effective, and 2010 1-Hour Sulfur Dioxide (SO2) U.S. EPA REGIONAL OFFICE the opt-out cannot be effective less than Primary National Ambient Air Quality CONTACTS:

Regional office Affected state Contact Telephone Email

Region VI ...... Texas ...... Robert Imhoff ...... (214) 665–7262 ...... [email protected]. Region VII ...... Nebraska ...... Will Stone ...... (913) 551–7714 ...... [email protected].

Most EPA offices are closed to reduce public docket for these SO2 I. Background the risk of transmitting COVID–19, but redesignations at https:// staff remain available via telephone and www.regulations.gov under Docket ID After the promulgation of a new or email. The EPA encourages the public to No. EPA–HQ–OAR–2020–0292. revised NAAQS, the EPA is required to designate all areas of the country, review information related to the SUPPLEMENTARY INFORMATION: redesignations at https://www.epa.gov/ pursuant to section 107(d)(1)–(2) of the Throughout this document ‘‘we,’’ ‘‘us,’’ Clean Air Act (CAA). For the 2010 sulfur-dioxide-designations and in the or ‘‘our’’ means the EPA.

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1 1-hour SO2 primary NAAQS, 2020 (85 FR 54517), the EPA proposed regulatory requirements on sources designations are based on the EPA’s to redesignate to attainment/ beyond those imposed by state law. A application of the nationwide analytical unclassifiable the unclassifiable redesignation to attainment/ approach to, and technical assessment portions of Franklin and St. Charles unclassifiable does not in and of itself of, the weight of evidence for each area, Counties in Missouri; the entirety of create any new requirements. including but not limited to available air Lancaster County in Nebraska; the Accordingly, this final action merely quality monitoring data and air quality entirety of Gallia County and the redesignates areas to attainment/ modeling results. Pursuant to a March 2, unclassifiable portion of Meigs County unclassifiable and does not impose 2015, consent decree and court-ordered in Ohio; and the entirety of Milam additional requirements. Area schedule, the EPA finalized a second set County in Texas. As discussed in the redesignations address environmental of initial area designations for the 2010 NPRM, this final action is based on the justice concerns by ensuring that the 1-hour SO2 NAAQS in 2016 (also called, currently available monitoring data for public is properly informed about the ‘‘Round 2’’). For the Round 2 two of the areas included in that NPRM air quality in an area. In locations where designations, the EPA designated the that demonstrate attainment of the 2010 air quality does not meet the NAAQS, entirety of Lancaster County in 1-hour SO2 primary NAAQS. the CAA requires relevant state Nebraska and the entirety of Milam Additionally, in that NPRM, the EPA authorities to initiate appropriate air County in Texas as unclassifiable. The proposed to approve requests for quality management actions to ensure Round 2 intended designations for redesignation from the states of that all those residing, working, Lancaster County, Nebraska and Milam Nebraska, Ohio, and Texas for the areas attending school, or otherwise present County, Texas were published on March subject to the notice. The 30-day public in those areas are protected, regardless 1, 2016. (81 FR 10563). The final comment period for the NPRM closed of minority and economic status. designation for Lancaster County, on October 2, 2020. The EPA did not IV. Statutory and Executive Order Nebraska published on July 12, 2016. receive any comments specific to the Reviews (81 FR 45039). The final designation for proposed redesignations of Lancaster Milam County, Texas was published on County in Nebraska and Milam County A. Executive Order 12866: Regulatory December 13, 2016, as part of a in Texas. This action only addresses the Planning and Review and Executive supplement to the larger Round 2 redesignation of Lancaster County, Order 13563: Improving Regulation and designation action. (81 FR 89870). Nebraska and Milam County, Texas. The Regulatory Review Detailed rationale, analyses, and other areas in Missouri and Ohio received This action is exempt from the Office information supporting the designation adverse comments and will be of Management and Budget (OMB) and for these two areas can be found in the addressed in separate rulemaking was, therefore, not submitted to OMB intended and final Round 2 actions. The details of each state’s for review. designations’ technical support submittal and the rationale for the EPA’s documents for Nebraska and Texas, actions are further explained in the B. Paperwork Reduction Act (PRA) respectively. These Round 2 documents, NPRM. This action does not impose an along with all other supporting II. Final Action information collection burden under the materials for the initial 2010 1-hour SO2 PRA. This action is a redesignation of primary NAAQS designations for these In this action, the EPA is taking final two areas to attainment/unclassifiable is areas, can be found on the EPA’s SO2 action to redesignate Lancaster County, an action that affects the status of a designations website.2 Nebraska and Milam County, Texas to geographical area and does not impose On May 6, 2020, Nebraska submitted attainment/unclassifiable for the 2010 any additional regulatory requirements a letter 3 to the EPA requesting that the 1-hour SO2 primary NAAQS pursuant to on sources beyond those imposed by entirety of Lancaster County be CAA section 107(d)(3)(D). The EPA is state law. Therefore, this final redesignated to attainment/ also taking final action to approve a rulemaking does not impose any new unclassifiable based on newly available request for redesignation from information collection burden under the monitoring information, which unclassifiable to attainment/ PRA. demonstrates attainment of the 2010 unclassifiable for the 2010 SO2 primary 1-hour SO2 NAAQS. On June 26, 2020, NAAQS from the state of Nebraska C. Regulatory Flexibility Act (RFA) Texas submitted a letter 4 to the EPA dated May 6, 2020, and from the state This redesignation action under CAA requesting that the entirety of Milam of Texas dated June 26, 2020. This section 107(d) is not subject to the RFA. County be redesignated to attainment/ action changes the legal designation for The RFA applies only to rules subject to unclassifiable based on newly available these areas, found at 40 CFR part 81, notice-and-comment rulemaking monitoring information, which from unclassifiable to attainment/ requirements under the Administrative demonstrates attainment of the 2010 unclassifiable for the 2010 1-hour SO2 Procedures Act (APA), 5 U.S.C. 553, or 1-hour SO2 NAAQS. primary NAAQS. any other statute. Redesignations under In a notice of proposed rulemaking CAA section 107(d) are not among the III. Environmental Justice Concerns (NPRM) published on September 2, list of actions that are subject to the When the EPA establishes a new or notice-and-comment rulemaking 1 The 2010 1-hour SO2 NAAQS is met when the revised NAAQS, the CAA requires the requirements of CAA section 307(d). design value is 75 parts per billion (ppb) or less. EPA to designate all areas of the U.S. as 2 https://www.epa.gov/sulfur-dioxide- either nonattainment, attainment, or D. Unfunded Mandates Reform Act designations. unclassifiable. This action addresses (UMRA) 3 See letter dated May 6, 2020, from Pete Ricketts, Governor of the State of Nebraska to Jim Gilliford, redesignation determinations for two This action does not contain any Regional Administrator, EPA Region 7. This letter areas for the 2010 SO2 NAAQS. Under unfunded mandate as described in is included in the docket for this action. CAA section 107(d)(3), the UMRA, 2 U.S.C. 1531–1538 and does 4 See letter dated June 26, 2020, from Toby Baker, redesignation of an area to attainment/ not significantly or uniquely affect small Executive Director of the Texas Commission of Environmental Quality to Ken McQueen, Regional unclassifiable is an action that affects governments. The action imposes no Administrator, EPA Region 6. This letter is the status of a geographical area and enforceable duty on any state, local, or included in the docket for this action. does not impose any additional tribal governments or the private sector.

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E. Executive Order 13132: Federalism H. Executive Order 13211: Actions That Administrator of this final rule does not Significantly Affect Energy Supply, affect the finality of this action for the This action does not have federalism Distribution or Use purposes of judicial review nor does it implications. It will not have substantial extend the time within which a petition direct effects on the states, on the This action is not subject to Executive for judicial review may be filed, and relationship between the national Order 13211, because it is not a shall not postpone the effectiveness of government and the states, or on the significant regulatory action under such rule or action. This action may not distribution of power and Executive Order 12866. be challenged later in proceedings to responsibilities among the various I. National Technology Transfer and enforce its requirements. See CAA levels of government. The division of Advancement Act (NTTAA) section 307(b)(2). responsibility between the federal government and the states for purposes This rulemaking does not involve V. Statutory Authority of implementing the NAAQS is technical standards. The statutory authority for this action established under the CAA. J. Executive Order 12898: Federal is provided by 42 U.S.C. 7401, et seq. F. Executive Order 13175: Consultation Actions To Address Environmental List of Subjects in 40 CFR Part 81 and Coordination With Indian Tribal Justice in Minority Populations and Governments Low-Income Populations Environmental protection, Air The EPA believes that this action does pollution control, Intergovernmental This action does not have Tribal not have disproportionately high and relations, Sulfur oxides. implications as specified by Executive adverse human health or environmental Order 13175 (65 FR 67249, November 9, effects on minority populations, low- Michael S. Regan, 2000) because no tribal lands are located income populations and/or indigenous Administrator. within the areas covered in this action peoples, as specified in Executive Order For the reasons stated in the and the redesignation does not create 12898 (59 FR 7629, February 16, 1994). new requirements. The EPA notes this preamble, the EPA amends title 40 CFR The documentation for this part 81as set forth below: final redesignation action will not determination is contained in Section III impose substantial direct costs on Tribal of this preamble, ‘‘Environmental PART 81—DESIGNATION OF AREAS governments or preempt Tribal law. Justice Concerns.’’ FOR AIR QUALITY PLANNING G. Executive Order 13045: Protection of K. Congressional Review Act (CRA) PURPOSES Children From Environmental Health and Safety Risks This action is subject to the CRA, and ■ 1. The authority citation for part 81 the EPA will submit a rule report to continues to read as follows: The EPA interprets Executive Order each House of the Congress and to the Authority: 42 U.S.C. 7401 et seq. 13045 as applying only to those Comptroller General of the United regulatory actions that concern States. This action is not a ‘‘major rule’’ ■ 2. In § 81.328, the table titled, environmental health or safety risks that as defined by 5 U.S.C. 804(2). ‘‘Nebraska–2010 Sulfur Dioxide NAAQS the EPA has reason to believe may [Primary]’’ is amended by revising the L. Judicial Review disproportionately affect children, per entry for ‘‘Lancaster County’’ and the definition of ‘‘covered regulatory Under section 307(b)(1) of the CAA, redesignating it alplabetically under action’’ in section 2–202 of the petitions for judicial review of this ‘‘Statewide’’ before the entry for Executive Order. This action is not action must be filed in the United States ‘‘Lincoln County’’ to read as follows: subject to Executive Order 13045 Court of Appeals for the appropriate because it does not concern an circuit by September 14, 2021. Filing a § 81.328 Nebraska. environmental health risk or safety risk. petition for reconsideration by the * * * * *

NEBRASKA—2010 SULFUR DIOXIDE NAAQS [Primary]

Designation Designated area 1 Date 2 Type

******* Lancaster County ...... August 16, 2021 ...... Attainment/Unclassifiable.

******* 1 Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining the boundaries of any area of In- dian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2 This date is April 9, 2018, unless otherwise noted.

* * * * * [Primary]’’ is amended by revising the § 81.344 Texas. ■ 3. In § 81.344, the table titled entry for ‘‘Milam County, TX’’ to read as * * * * * ‘‘Texas—2010 Sulfur Dioxide NAAQS follows:

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TEXAS—2010 SULFUR DIOXIDE NAAQS [Primary]

Designation Designated area Date Type

******* Milam County, TX ...... August 16, 2021 ...... Attainment/Unclassifiable.

******* 1 Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining the boundaries of any area of In- dian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2 This date is April 9, 2018, unless otherwise noted.

* * * * * [FR Doc. 2021–14376 Filed 7–15–21; 8:45 am] BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 86, No. 134

Friday, July 16, 2021

This section of the FEDERAL REGISTER ee.doe.gov. Include docket number Mr. Michael Kido, U.S. Department of contains notices to the public of the proposed EERE–2017–BT–STD–0009 in the Energy, Office of the General Counsel, issuance of rules and regulations. The subject line of the message. GC–33, 1000 Independence Avenue SW, purpose of these notices is to give interested No telefacsimiles (‘‘faxes’’) will be Washington, DC 20585–0121. persons an opportunity to participate in the accepted. For detailed instructions on Telephone: (202) 586–8145. Email: rule making prior to the adoption of the final submitting comments and additional rules. [email protected]. information on this process, see section For further information on how to III of this document. submit a comment or review other DEPARTMENT OF ENERGY Although DOE has routinely accepted public comments and the docket, public comment submissions through a contact the Appliance and Equipment 10 CFR Part 430 variety of mechanisms, including the Standards Program staff at (202) 287– Federal eRulemaking Portal, email, [EERE–2017–BT–STD–0009] 1445 or by email: postal mail, or hand delivery/courier, ApplianceStandardsQuestions@ RIN 1904–AD79 the Department has found it necessary ee.doe.gov. to make temporary modifications to the SUPPLEMENTARY INFORMATION: Energy Conservation Program: Energy comment submission process in light of Conservation Standards for Certain the ongoing Covid–19 pandemic. DOE is Table of Contents Commercial and Industrial Equipment; currently suspending receipt of public I. Introduction Early Assessment Review; Walk-In comments via postal mail and hand Coolers and Freezers A. Authority delivery/courier. If a commenter finds B. Rulemaking History AGENCY: Office of Energy Efficiency and that this change poses an undue II. Request for Information Renewable Energy, Department of hardship, please contact Appliance A. Scope and Equipment Classes Energy. Standards Program staff at (202) 586– 1. Display Panels 1445 to discuss the need for alternative 2. High-Temperature Freezers ACTION: Request for information. arrangements. Once the Covid–19 3. Single-Package Refrigeration Systems 4. Wine Cellar Refrigeration Systems SUMMARY: The U.S. Department of pandemic health emergency is resolved, DOE anticipates resuming all of its B. Significant Savings of Energy Energy (‘‘DOE’’) is undertaking an early 1. Duty-Cycles and Typical Run Hours assessment review to evaluate whether regular options for public comment 2. Oversizing Factors to amend the energy conservation submission, including postal mail and 3. Base-Case Efficiency Distribution standards for walk-in coolers and hand delivery/courier. C. Technological Feasibility freezers (‘‘walk-ins’’ or ‘‘WICFs’’). Docket: The docket for this activity, 1. Doors and Panels Specifically, through this request for which includes Federal Register 2. Refrigeration Systems information (‘‘RFI’’), DOE seeks data notices, comments, and other D. Economic Justification and information to evaluate whether supporting documents/materials, is 1. Markups Analysis—Distribution amended energy conservation standards available for review at https:// Channels www.regulations.gov. All documents in 2. Lifetime Analysis would result in significant savings of 3. Shipments Analysis energy; be technologically feasible; and the docket are listed in the III. Submission of Comments be economically justified. DOE www.regulations.gov index. However, IV. Issues on Which DOE Seeks Comment welcomes written comments from the some documents listed in the index, public on any subject within the scope such as those containing information I. Introduction of this document (including those topics that is exempt from public disclosure, DOE has established an early not specifically raised in this RFI), as may not be publicly available. assessment review process to conduct a well as the submission of data and other The docket web page can be found at: more focused analysis to evaluate, based relevant information concerning this https://www.regulations.gov/ on statutory criteria, whether a new or early assessment review. #!docketDetail;D=EERE-2017-BT-STD- amended energy conservation standard DATES: Written comments and 0009. The docket web page contains is warranted. Based on the information information are requested and will be instructions on how to access all received in response to the RFI and accepted on or before August 16, 2021. documents, including public comments, DOE’s own analysis, DOE will in the docket. See section III for ADDRESSES: Interested persons are determine whether to proceed with a encouraged to submit comments using information on how to submit rulemaking for a new or amended the Federal eRulemaking Portal at comments through https:// energy conservation standard. If DOE www.regulations.gov. Follow the www.regulations.gov. makes an initial determination that a instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: new or amended energy conservation Alternatively, interested persons may Dr. Stephanie Johnson, U.S. standard would satisfy the applicable submit comments, identified by docket Department of Energy, Office of Energy statutory criteria or DOE’s analysis is number EERE–2017–BT–STD–0009, by Efficiency and Renewable Energy, inconclusive, DOE would undertake the any of the following methods: Building Technologies Office, EE–5B, preliminary stages of a rulemaking to 1. Federal eRulemaking Portal: 1000 Independence Avenue SW, issue a new or amended energy www.regulations.gov. Follow the Washington, DC 20585–0121. conservation standard. If DOE makes an instructions for submitting comments. Telephone: (202) 287–1943. Email: initial determination based upon 2. Email: to ApplianceStandardsQuestions@ available evidence that a new or ApplianceStandardsQuestions@ ee.doe.gov. amended energy conservation standard

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would not meet the applicable statutory Secretary may not prescribe an amended anti-sweat heater-related requirements: criteria, DOE would engage in notice or new standard that will not result in Walk-ins without anti-sweat heater and comment rulemaking before issuing significant conservation of energy, or is controls must have a heater power draw a final determination that new or not technologically feasible or of no more than 7.1 or 3.0 watts per amended energy conservation standards economically justified. (42 U.S.C. square foot of door opening for freezers are not warranted. 6316(a); 42 U.S.C. 6295(o)(3)) and coolers, respectively. Walk-ins with EPCA specifies standards for walk- anti-sweat heater controls must either A. Authority ins. First, all walk-in doors narrower have a heater power draw of no more The Energy Policy and Conservation than 3 feet 9 inches and shorter than 7 than 7.1 or 3.0 watts per square foot of Act, as amended (‘‘EPCA’’),1 among feet must have automatic door closers door opening for freezers and coolers, other things, authorizes DOE to regulate that firmly close all walk-in doors that respectively, or the anti-sweat heater the energy efficiency of a number of have been closed to within 1 inch of full controls must reduce the energy use of consumer products and certain closure, and must also have strip doors, the heater in a quantity corresponding industrial equipment. (42 U.S.C. 6291– spring hinged doors, or other methods to the relative humidity of the air 6317) Title III, Part C 2 of EPCA, added of minimizing infiltration when doors outside the door or to the condensation by Public Law 95–619, Title IV, section are open. Additionally, walk-ins must on the inner glass pane. See 42 U.S.C. 441(a) (42 U.S.C. 6311–6317, as contain wall, ceiling, and door 6313(f)(3)(C)–(D). codified), established the Energy insulation of at least R–25 for coolers Additionally, EPCA prescribed two Conservation Program for Certain and R–32 for freezers, excluding glazed cycles of WICF-specific rulemakings; Industrial Equipment, which sets forth a portions of doors and structural the first to establish performance-based variety of provisions designed to members, and floor insulation of at least standards that achieve the maximum improve energy efficiency. This R–28 for freezers. Walk-in evaporator improvement in energy that the equipment includes walk-in coolers and fan motors of under 1 horsepower Secretary determines is technologically freezers, the subject of this document. (‘‘hp’’) and less than 460 volts must be feasible and economically justified, and (42 U.S.C. 6311(1)(G)) electronically commutated motors the second to determine whether to Under EPCA, DOE’s energy (brushless direct current motors) or amend those standards. (42 U.S.C. conservation program consists three-phase motors, and walk-in 6313(f)(4) and (5)) EPCA also requires essentially of four parts: (1) Testing, (2) condenser fan motors of under 1 that, not later than 6 years after the labeling, (3) Federal energy conservation horsepower must use permanent split issuance of any final rule establishing or standards, and (4) certification and capacitor motors, electronically amending a standard, DOE evaluate the enforcement procedures. Relevant commutated motors, or three-phase energy conservation standards for each provisions of EPCA include definitions motors. Interior light sources must have type of covered equipment, including (42 U.S.C. 6311), test procedures (42 an efficacy of 40 lumens per watt or those at issue here, and publish either U.S.C. 6314), labeling provisions (42 more, including any ballast losses; less- a notification of determination that the U.S.C. 6315), energy conservation efficacious lights may only be used in standards do not need to be amended, standards (42 U.S.C. 6313), and the conjunction with a timer or device that or a notice of proposed rulemaking authority to require information and turns off the lights within 15 minutes of (‘‘NOPR’’) that includes new proposed reports from manufacturers (42 U.S.C. when the walk-in is unoccupied. See 42 energy conservation standards 6316(a); 42 U.S.C. 6299). U.S.C. 6313(f)(1). (proceeding to a final rule, as Federal energy efficiency Second, walk-ins have requirements appropriate). (42 U.S.C. 6316(a); 42 requirements for covered equipment related to electronically commutated U.S.C. 6295(m)(1)) DOE is publishing established under EPCA generally motors used in them. See 42 U.S.C. this RFI to inform its decision consistent supersede State laws and regulations 6313(f)(2)). Specifically, in those walk- with its obligations under EPCA. concerning energy conservation testing, ins that use an evaporator fan motor labeling, and standards. (42 U.S.C. B. Rulemaking History with a rating of under 1 hp and less than 6316(a) and (b); 42 U.S.C. 6297) DOE 460 volts, that motor must be either a On June 3, 2014, DOE published a may, however, grant waivers of Federal three-phase motor or an electronically final rule (‘‘June 2014 ECS final rule’’) preemption in limited instances for commutated motor.3 (42 U.S.C. establishing performance-based particular State laws or regulations, in standards for the components of a walk- 6313(f)(2)(A)) accordance with the procedures and Third, EPCA requires that walk-in in: Doors, panels, and refrigeration other provisions set forth under 42 freezers with transparent reach-in doors systems. 79 FR 32050. The standards U.S.C. 6316(a) (applying the preemption must have triple-pane glass with either were expressed in terms of daily energy waiver provisions of 42 U.S.C. 6297). consumption for walk-in doors, R-value DOE must follow specific statutory heat-reflective treated glass or gas fill for doors and windows. Transparent walk- for walk-in panels, and annual walk-in criteria for prescribing new or amended energy factor (‘‘AWEF’’) for walk-in standards for covered equipment. EPCA in cooler doors must have either double- pane glass with heat-reflective treated refrigeration systems. Id. requires that any new or amended After publication of the June 2014 glass and gas fill or triple-pane glass energy conservation standard prescribed ECS final rule, the Air-Conditioning, with heat-reflective treated glass or gas by the Secretary of Energy (‘‘Secretary’’) Heating and Refrigeration Institute fill. (42 U.S.C. 6313(f)(3)(A)–(B)) For be designed to achieve the maximum (‘‘AHRI’’) and Lennox International, Inc. walk-ins with transparent reach-in improvement in energy efficiency that is (‘‘Lennox’’), a manufacturer of walk-in doors, EPCA also prescribes specific technologically feasible and refrigeration systems, filed petitions for economically justified. (42 U.S.C. 3 review of DOE’s final rule and DOE’s 6316(a); 42 U.S.C. 6295(o)(2)(A)) The The requirement regarding electronically commutated motors was predicated on DOE subsequent denial of a petition for determining that more than one manufacturer reconsideration of the rule (79 FR 59090 1 All references to EPCA in this document refer offered such motors for sale. See 42 U.S.C. (October 1, 2014)) with the United to the statute as amended through the Energy Act 6313(f)(2)(A). DOE documented this determination of 2020, Public Law 116–260 (Dec. 27, 2020). in Docket EERE–2008–BT–STD–0015–0072 States Court of Appeals for the Fifth 2 For editorial reasons, upon codification in the (available at www.regulations.gov/document/EERE- Circuit. Lennox Int’l v. Dep’t of Energy, U.S. Code, Part C was redesignated Part A–1. 2008-BT-STD-0015-0072). Case No. 14–60535 (5th Cir.). As a result

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of this litigation, a settlement agreement for walk-ins are codified at 10 CFR performance-related feature justifies a was reached to address, and a 431.306. different standard, DOE must consider controlling order from the Fifth Circuit such factors as the utility of the feature II. Request for Information vacated, standards for six of the to the consumer and other factors DOE refrigeration system equipment DOE is publishing this RFI to collect deems appropriate. Id. classes—the two energy conservation data and information during the early DOE established standards for walk-in standards applicable to multiplex assessment review to inform its doors based on (1) whether they are condensing refrigeration systems decision, consistent with its obligations used in a walk-in cooler (i.e., medium- (subsequently re-named as ‘‘unit under EPCA, as to whether the temperature) or walk-in freezer (i.e., coolers’’) operating at medium and low Department should proceed with an low-temperature), (2) whether they are temperatures and the four energy energy conservation standards display or non-display doors,6 and (3) if conservation standards applicable to rulemaking. DOE has identified certain non-display, whether they are passage dedicated condensing refrigeration topics for which information and data or freight doors.7 10 CFR 431.306(c)–(d). systems operating at low temperatures.4 are requested to assist in the evaluation Table II.1 presents the equipment After the Fifth Circuit issued its order, of the potential for amended energy classes for all walk-in doors. DOE established a Working Group to conservation standards. DOE also DOE codified standards for non- negotiate energy conservation standards welcomes comments on other issues display panels: Based on (1) whether to replace the six vacated standards. 80 relevant to its early assessment that may they are used in a walk-in cooler (i.e., FR 46521 (August 5, 2015). The not specifically be identified in this medium-temperature) or walk-in freezer Working Group assembled their document. (i.e., low-temperature), and (2) whether recommendations into a Term Sheet A. Scope and Equipment Classes they are structural (wall or ceiling) or (See Docket EERE–2015–BT–STD– floor panels. 10 CFR 431.306(a)(3)–(4). 0016–0056) 5 that was presented to, and This RFI covers equipment meeting Table II.2 presents the equipment approved by, the Appliance Standards the walk-in definition codified in 10 classes for walk-in panels. and Rulemaking Federal Advisory CFR 431.302: An enclosed storage space DOE established equipment classes Committee (‘‘ASRAC’’) on December 18, (i.e., box) refrigerated to temperatures for walk-in refrigeration systems based 2015. (1) above 32 °F for walk-in coolers and ° on (1) whether they are dedicated The Term Sheet contained (2) at or below 32 F for walk-in condensing systems 8 or unit coolers,9 recommended energy conservation freezers, that can be walked into, and and (2) whether they are used in a walk- standards to replace the six vacated has a total chilled storage area of less in cooler (i.e., medium-temperature) or standards, definitions for a number of than 3,000 square feet, but excluding walk-in freezer (i.e., low-temperature). WICF-related terms, and test procedure equipment designed and marketed 10 CFR 431.306(e). DOE further divided changes to implement the recommended exclusively for medical, scientific, or dedicated condensing refrigeration energy conservation standards. research purposes. 10 CFR 431.302. (See systems into ‘‘indoor’’ and ‘‘outdoor’’ Consequently, DOE initiated both an also 42 U.S.C. 6311(20)) DOE has equipment classes.10 Id. ‘‘Indoor, low energy conservation standard codified and established energy temperature’’ dedicated condensing rulemaking and a test procedure conservation standards applicable to the systems, ‘‘outdoor, low temperature’’ rulemaking in 2016 to implement these principal components that make up a dedicated condensing systems,’’ and recommendations. The Term Sheet also walk-in (i.e., doors, panels, and ‘‘low temperature’’ unit coolers are recommended additional specific test refrigeration systems). In addition to the further divided based on net capacity. procedure changes for future prescriptive requirements for walk-ins See 10 CFR 431.306(e). Table II.3 lists rulemaking to help improve its ability to established by EPCA (42 U.S.C. the equipment classes for WICF be fully representative of walk-in energy 6313(f)(3)(A)–(D)) and codified at 10 refrigeration systems. use. CFR 431.306(a)–(b), DOE established On July 10, 2017, DOE published a performance-based energy conservation TABLE II.1—EQUIPMENT CLASSES FOR final rule adopting energy conservation standards for doors and refrigeration WALK-IN DOORS standards for the six classes of walk-in systems. 10 CFR 431.306(c)–(e). refrigeration systems for which the prior When evaluating and establishing Class standards were vacated. 82 FR 31808 energy conservation standards, DOE Utility Temperature code (‘‘July 2017 ECS final rule’’). The energy may divide covered equipment into conservation standards established in classes by the type of energy used, or by Display Door ..... Medium ...... DD.M. the July 2017 ECS final rule were capacity or other performance-related Low ...... DD.L. consistent with those recommended by features that would justify a different Passage Door Medium ...... PD.M. the Working Group and approved by standard. (42 U.S.C. 6316(a); 42 U.S.C. (Non-display). Low ...... PD.L. Freight Door Medium ...... FD.M. ASRAC. 82 FR 31808, 31878. The 6295(q)(1)) In making a determination (Non-display). Low ...... FD.L. current energy conservation standards whether capacity or another

4 The thirteen other standards established in the 7 A ‘‘freight door’’ is a door that is not a display element external to the cooler imposing air June 2014 ECS final rule (i.e., the four standards door and is equal to or larger than 4 feet wide and resistance.’’ 10 CFR 431.302. applicable to dedicated condensing refrigeration 8 feet tall. 10 CFR 431.302. A ‘‘passage door’’ is a 10 An ‘‘indoor dedicated condensing refrigeration systems operating at medium-temperatures; the door that is not a freight or display door. Id. system’’ is a ‘‘dedicated condensing refrigeration three standards applicable to panels; and the six 8 A ‘‘dedicated condensing system’’ is one of the standards applicable to doors) were not vacated. system designated by the manufacturer for indoor following: (1) A dedicated condensing unit; (2) A 5 The docket can be accessed at use or for which there is no designation regarding www.regulations.gov/docket/EERE-2015-BT-STD- single-package dedicated system; or (3) A matched the use location.’’ 10 CFR 431.302. An ‘‘outdoor 0016. refrigeration system. 10 CFR 431.302. dedicated condensing refrigeration system’’ is a 6 A ‘‘display door’’ is a door that (1) is designed 9 The term, ‘‘unit cooler’’ means ‘‘an assembly, ‘‘dedicated condensing refrigeration system for product display, or (2) has 75 percent or more including means for forced air circulation and designated by the manufacturer for outdoor use.’’ of its surface area composed of glass or another elements by which heat is transferred from air to Id. transparent material. 10 CFR 431.302. refrigerant, thus cooling the air, without any

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TABLE II.2—EQUIPMENT CLASSES FOR WALK-IN PANELS

Utility Temperature Class code

Floor Panel ...... Low ...... FP.L. Structural (Wall or Ceiling) Panel ...... Medium ...... SP.M. Low ...... SP.L.

TABLE II.3—EQUIPMENT CLASSES FOR WALK-IN REFRIGERATION SYSTEMS

Refrigeration system System type Temperature Condenser location net capacity Class code (Btu/h)

Dedicated Condensing ...... Medium ...... Indoor ...... All Capacities ...... DC.M.I. Outdoor ...... All Capacities ...... DC.M.O. Low ...... Indoor ...... <6,500 ...... DC.L.I, <6,500. ≥6,500 ...... DC.L.I, ≥6,500. Outdoor ...... <6,500 ...... DC.L.O, <6,500. ≥6,500 ...... DC.L.O ≥6,500. Unit Cooler ...... Medium ...... All Capacities ...... UC.M. Low ...... <15,500 ...... UC.L, <15,500. ≥15,500 ...... UC.L, ≥15,000.

The applicability of these current the amount of direct electrical energy As discussed in the July 2017 ECS equipment classes for certain walk-in consumption of electricity-consuming final rule, stakeholders commented that products is discussed in more detail in devices sited on or within display so-called ‘‘high-temperature’’ freezer sections II.A.1 through II.A.4 of this panels, including the amount of anti- walk-ins are those with a box document. sweat heat required, if any. DOE temperature range of 10 °F to 32 °F, and additionally requests information on that medium-temperature refrigeration 1. Display Panels any specific design or use systems are generally used for this A display panel is defined as a panel characteristics differentiating display temperature range. 82 FR 31808, 31830. that is entirely or partially comprised of panels from display doors. As discussed in a RFI published on June glass, a transparent material, or both, 17, 2021 (‘‘June 2021 TP RFI’’), high- and is used for display purposes. 10 2. High-Temperature Freezers temperature freezers would be CFR 431.302. DOE has established a test considered walk-in freezers because DOE has established a test procedure procedure for calculating total daily their room temperature is less than or for determining the net capacity and energy consumption, based on equal to 32 °F, and would therefore be AWEF of walk-in refrigeration systems measured thermal transmittance (also rated at –10 °F. 86 FR 32332, 32349. To at appendix C to subpart R of 10 CFR ‘‘U-factor’’), of display panels. 10 CFR the extent a medium-temperature part 431 (‘‘Appendix C’’), which 431.304(b)(1). DOE has not, however, refrigeration system is used for high- incorporates by reference AHRI adopted standards for display panels temperature freezer applications, such a Standard 1250P (I–P), ‘‘2009 Standard based on energy consumption as at the system may not be able to operate at the for Performance Rating of Walk-In time of the June 2014 ECS final rule –10 °F room temperature prescribed by Coolers and Freezers,’’ (‘‘AHRI 1250– such panels made up a small fraction of the test procedure for freezers. 81 FR 2009’’). 10 CFR 431.304(b)(4). As the panel market and had a limited 95758, 95790. Although the capacity of defined previously, the storage space energy savings potential. 79 FR 32049, medium-temperature models measured (i.e., box) of a walk-in cooler is 32067. DOE has identified two at high-temperature freezer application refrigerated to temperatures above 32 °F, manufacturers of display doors who also temperatures is commonly reported in while walk-in freezers are refrigerated to manufacture display panels.11 Some product literature, energy use levels are temperatures at or below 32 °F. 42 models of these display panels contain not.13 U.S.C. 6311(20). See also 10 CFR anti-sweat heaters to prevent Issue 2: DOE requests comment on (1) 431.302. The current walk-in test condensation similar to display doors. whether there are medium-temperature procedure rates medium-temperature Issue 1: DOE seeks information refrigeration system models that are refrigeration systems (which are used in regarding the thermal transmission used exclusively in high temperature walk-in coolers) at 35 °F and low- through display panels and design freezers, and (2) if a medium- temperature refrigeration systems characteristics which would affect the temperature refrigeration system is (which are used in walk-in freezers) at thermal transmission, specifically, efficient for cooler applications, will it –10 °F. (See section 5 of AHRI 1250– ‘‘glass pack’’ 12 design and frame design. also be efficient for use in high- 2009 (dry bulb temperature DOE also seeks information regarding temperature freezer applications. To the specifications) (incorporated by extent available, DOE requests data on reference at 10 CFR 431.303(b))) 11 Display panel product information from two dedicated condensing unit energy manufacturers can be found at www.regulations.gov Consequently, refrigeration system efficiency ratio (‘‘EER’’) at both high- Docket No. EERE–2017–BT–STD–0009–0001 and energy use for walk-in coolers is Docket No. EERE–2017–BT–STD–0009–0002. represented by performance at a 35 °F 13 Product literature showing capacity 12 The ‘‘glass pack’’ in a display door or window box temperature and refrigeration measurements of medium-temperature models used of a non-display door is an assembly of glass layers system energy use for walk-in freezers is in high-temperature freezer applications from two typically filled with low thermal-conductivity inert ¥ ° manufacturers can be found at www.regulations.gov gas and held together at the edges of the glass by represented by performance at a 10 F Docket No. EERE–2017–BT–STD–0009–0003 and low-conductivity leak-tight spacers. box temperature. Docket No. EERE–2017–BT–STD–0009–0004.

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temperature freezer and medium- 32344–32346. These systems are package, matched-pair, dedicated temperature refrigeration operation. typically designed to provide a cold condensing unit, or unit cooler system) See section II.C.2.a for more environment at a temperature range used in wine cellars over the next 5 to discussion on high-temperature freezers. between 45–65 °F with 50–70 percent 10 years. Additionally, DOE requests 3. Single-Package Refrigeration Systems relative humidity (‘‘RH’’), and typically information and data on the extent to are kept at 55 °F and 55 percent RH. which capacity may impact the Single-package refrigeration systems The wine cellar refrigeration systems efficiency of wine cellar refrigeration are considered a type of dedicated addressed in waiver petitions are sold as systems. condensing refrigeration system. 81 FR single-package systems, matched-pair 95758, 95763. Many single-package systems, and unit cooler-only systems. B. Significant Savings of Energy systems are constructed in such a way The minimum capacity of available As part of the rulemaking process, that the entire refrigeration system is wine cellar refrigeration systems is DOE conducts an energy use analysis to located outside of the refrigerated space; lower than that of other walk-in cooler identify how a given equipment type is the package is typically mounted either units (e.g., capacity can be as low as used, and thereby determine the energy on top of, or directly adjacent to the 1,100 Btu/h 14 as compared with 4,200 savings potential of energy efficiency walk-in enclosure. Due to this Btu/h for the lowest-capacity medium- improvements. construction, single-package systems temperature dedicated condensing unit The energy use analysis estimates the may experience additional thermal currently listed in the DOE Compliance annual energy consumption of losses not observed in split systems. Certification Management System refrigeration systems (dedicated Specifically, single-package systems (‘‘CCMS’’) database).15 One condensing systems and unit coolers) circulate air through a ‘‘cold section’’ manufacturer, Vinotheque, has noted serving walk-ins, and the energy (evaporator, fan(s), and internal ducting) that there are size constraints for wine consumption, and losses, that can be that may have exterior surfaces exposed cellar refrigeration systems. 86 FR directly ascribed to the selected to the warm air outside of the walk-in 11961, 11972 (March 1, 2021). components of the WICF envelopes enclosure and/or the warm condensing Additionally, certain wine cellar units (doors and panels). These estimates are unit side of the refrigeration system. can be ducted as an option—either on used in the subsequent consumer, and This configuration can lead to the condensing unit side, the evaporator National Impacts Analysis. conduction and/or infiltration thermal side, or both—for greater installation The estimates for the annual energy losses which represent a reduction in flexibility. This factor increases fan consumption of each analyzed net capacity and efficiency. energy use. Compressors that are representative refrigeration system were As discussed in the June 2021 TP RFI, typically available for use in lower- derived assuming that (1) the DOE is considering whether test capacity wine cellar refrigeration refrigeration system is sized such that it procedure modifications are necessary systems are of a ‘‘hermetic follows a specific daily duty cycle for a to more appropriately address the reciprocating’’ design,16 which given number of hours per day at full- conduction and/or infiltration thermal generally has a lower efficiency than the rated capacity, and (2) the refrigeration losses for single-package systems. 86 FR larger-capacity compressors used for system produces no additional 32332, 32343–32344. To the extent that low- and medium-temperature walk-in refrigeration effect for the remaining these losses are accounted for in the test refrigeration systems. Finally, as period of the 24-hour cycle. These procedure, technology options that discussed previously, single-package assumptions are consistent with the mitigate such losses would reduce wine cellar systems are also subject to present industry practice for sizing energy consumption and increase additional thermal losses. DOE intends refrigeration systems. This methodology AWEF. Given the differences in to conduct a separate analysis for wine assumes that the refrigeration system is construction between single-package cellar refrigeration systems in its correctly paired with an envelope (e.g., and split systems and the potential for engineering and downstream analyses. panels, door, etc.) that generates a load differentiated design options, DOE Issue 4: DOE seeks information on profile such that the rated hourly intends to separately evaluate single- how trends in wine cellar installations capacity of the paired refrigeration package system representative units in (e.g., commercial vs. residential, square system, operated for the given number its engineering and downstream footage, etc.) are expected to impact the of run hours per day, produces analyses. type of refrigeration system (i.e., single- sufficient refrigeration to meet the daily Issue 3: DOE requests data and refrigeration load of the envelope with information on the impact of single- 14 Product literature for a wine cellar refrigeration a safety margin to meet contingency package system design limitations on system with a capacity of 1,130 Btu/h from one situations. Thus, the annual energy manufacturer can be found at www.regulations.gov efficiency and how single-package Docket No. EERE–2017–BT–STD–0009–0005. consumption estimates for the systems differ from split systems. DOE 15 U.S. Department of Energy’s Compliance refrigeration system depend on the additionally requests information Certification Database, www.regulations.doe.gov/ methodology adopted for sizing, showing the trend of efficiency as a certification-data/CCMS-4-Walk-In_Coolers_and_ including implied assumptions and the _ _ _ _ function of capacity for single-package Freezers - Refrigeration Systems.html#q=Product extent of oversizing. Group_s%3A%22Walk- refrigeration systems. In%20Coolers%20and%20Freezers%20- While DOE is particularly interested See section II.C.2.a for more %20Refrigeration%20Systems%22, Last Accessed: in comment, information, and data on discussion on single-package February 2, 2021. the following issues, this request for refrigeration systems. 16 In a ‘‘hermetic’’ compressor, the compressor information is not strictly limited to and motor are both contained in a single outer them. 4. Wine Cellar Refrigeration Systems welded steel shell. Reciprocating compressors have a piston that slides back and forth in a cylinder. 1. Duty-Cycles and Typical Run Hours As discussed in the June 2021 TP RFI, Refrigerant gas is drawn in through a suction valve DOE has received requests for waiver as the piston moves away from the cylinder head, For both the June 2014 ECS final rule and interim waiver from several increasing the internal volume, and is compressed and July 2017 ECS final rule analyses, and discharged through a discharge valve as the manufacturers from the test procedure piston returns. ‘‘Hermetic reciprocating’’ DOE used nominal daily run-times of 16 in Appendix C for walk-in wine cellar compressors are hermetically sealed with a hours for coolers, and 18 hours for refrigeration systems. 86 FR 32332, reciprocating function. freezers to estimate the in-field energy

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use of walk-in refrigeration systems.17 431: 75 percent for anti-sweat heaters system are reduced to 13.3 hours from These run-times assume a capacity for a with timers, control systems, or other 16 hours per day for coolers, and to 15 ‘‘perfectly’’-sized refrigeration system at demand-based controls in cooler doors, hours from 18 hours per day for freezers specified reference ambient and 50 percent for anti-sweat heaters at their respective full design point temperatures of 95 °F and 90 °F for with timers, control systems, or other capacity. 79 FR 32050, 32083 and 82 FR refrigeration systems with outdoor and demand-based controls in freezer doors. 31808, 31842. indoor dedicated condensing units, DOE is aware that some manufacturers Issue 7: DOE seeks input on whether respectively. 79 FR 32050, 32083 and 82 design and market display doors for the combined safety and capacity FR 31808, 31842. Nominal run-time high-humidity cooler applications.19 mismatch oversizing factors for hours for coolers and freezers were Issue 6: DOE seeks input and data on adjusting daily nominal run-time hours adjusted to account for equipment over- the appropriate PTO values for display relied on in the June 2014 ECS final rule sizing safety margins and capacity doors that would be exposed to higher and the July 2017 ECS final rule are mismatch factors (see section II.B.2. of levels of humidity. Specifically, DOE appropriate for single-package this document). They were further requests information on high-humidity refrigeration systems, high-temperature adjusted to account for the change in net walk-in cooler doors, including the freezers, and wine cellars as described capacity from increased efficiency range of typical installation conditions in sections II.A.2 through II.A.4 of this projected to occur in the standards case, (e.g., relative humidity throughout the document. If different factors would be and, in the case of outdoor equipment, year in store). DOE also requests data on appropriate for such equipment, DOE variations in ambient temperature.18 As the average amount of time per day or requests data in support of alternate discussed in the prior section, single- per year that anti-sweat heaters with assumptions. timers, control systems, or demand- package refrigeration systems, high- 3. Base-Case Efficiency Distribution temperature freezers, and wine cellars based controls 20 are operating at their may have different run-times or be full power and partial power (if DOE measures savings of potential subject to different assumptions applicable) for walk-in cooler display standards relative to a ‘‘no-new- regarding sizing and ambient doors marketed for high-humidity standards’’ case that reflects conditions temperatures. applications. without new and/or amended standards. Issue 5: DOE seeks input and data as The no-new-standards case reflects the 2. Oversizing Factors to the daily run-time hours, sizing distribution of equipment efficiency or practice, and ambient conditions for the In both the June 2014 ECS final rule energy use beginning at the baseline following: Single-package refrigeration and July 2017 ECS final rule, DOE performance level. The baseline systems, high-temperature freezers, and assumed that WICF refrigeration performance level in each equipment wine cellars described in sections II.A.2 condensing systems and unit coolers in class represents the characteristics of through II.A.4 of this document. DOE the field are sized to account for a common or typical equipment in that also requests information and data ‘‘worst case scenario’’ need for class. If there is an established DOE regarding any other aspects of the refrigeration to prevent food spoilage, energy conservation standard for the operation of such equipment that would and as such are oversized by a safety class, the baseline performance level influence run-time hours. margin. 79 FR 32050, 32083 and 82 FR coincides with the current minimum In its analysis supporting the June 31808, 31842. DOE found that it is energy conservation standard and 2014 ECS final rule, DOE used the customary in the industry to add a 10 provides basic end-user utility. percent time off (‘‘PTO’’) value defined percent safety margin to the aggregate However, not all models in an in the test procedure and engineering 24-hour load, resulting in 10 percent equipment class may be rated at the analysis to adjust the nominal direct oversizing of the refrigeration system. baseline performance level. DOE uses electrical energy usage attributed to the Id. Additionally, DOE recognized that efficiency market shares to characterize anti-sweat heater (in kilowatt-hours per an exact match for the calculated the no-new-standards case equipment day (‘‘kWh/day’’)). The PTO values were refrigeration system capacity may not be mix. By accounting for consumers who applied as set forth in section 4.4.2(2) of available for the refrigeration systems already purchase more-efficient appendix A to subpart R of 10 CFR part available in the market because most equipment, DOE avoids overstating the refrigeration systems are produced in potential benefits from potential 17 This methodology differs from the run-times discrete capacities. To account for this standards. established in DOE’s test procedure, which assumes situation, DOE applied a capacity In the July 2017 ECS final rule, DOE a high-load period of 8 hours corresponding to mismatch factor of 10 percent to capture assumed that 100 percent of WICF frequent door openings, equipment loading events, and other design load factors, and a low-load period the inability to perfectly match the refrigeration equipment is sold at the for the remaining 16 hours. In the June 2014 ECS calculated WICF capacity with the baseline efficiency level in the absence final rule analyses, DOE concluded that these duty capacity available in the market. 79 FR of new and/or amended standards. cycle assumptions should not be used for sizing 32050, 32084 and 82 FR 31808, 31842. (Docket No. EERE–2015–BT–STD–0016, purposes because they may not represent the average conditions for WICF refrigeration systems The combined safety margin factor and Public Meeting, No. 68 at pp. 53–54) for all applications under all conditions. 79 FR capacity mismatch factor result in a These assumptions did not include 32050, 32083. These assumptions were maintained total oversizing factor of 1.2. With the medium-temperature condensing in the July 2017 ECS final rule. 82 FR 31808, 31842. oversize factor applied, the nominal systems (which were not within the DOE also notes that while 16 and 18 hours were assumed for coolers and freezers, respectively, these run-time hours of the refrigeration scope of that rulemaking). Medium- assumptions may not be appropriate for wine temperature condensing systems were cellars, for which test procedure waiver alternate 19 Product data sheets from two manufacturers included in the June 2014 ECS final rule test procedures were established based on an that produce walk-in cooler display doors marketed where DOE assumed that 75 percent of expectation that typical operating time is 50 for high-humidity applications can be found at percent. (See: www.energy.gov/eere/buildings/ www.regulations.gov, Docket No. EERE–2017–BT– shipments were baseline equipment, current-test-procedure-waivers#walk-ins for the list STD–0009–0006 and EERE–2017–BT–STD–0009– with the remaining 25 percent at the of all waivers to test procedures that DOE has 0007. efficiency of the first design option granted for walk-in coolers and freezers). 20 For anti-sweat heaters, demand-based controls above baseline. 79 FR 32050, 32087. 18 See Chapter 6 of the Technical Support monitor humidity and temperature external to the Document (‘‘TSD’’) for the July 2017 ECS final rule. walk-in and regulate anti-sweat heater wire use on DOE understands that these Docket EERE–2015–BT–STD–0016–0099. demand. assumptions may not reflect the current

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state of the market due to adoption of in DOE’s CCMS.21 The number of commerce with their respective more stringent efficiency standards. models at or above the current standards efficiency ratings; however, these data Next, DOE examined the ratings for are shown in Table II.4. These data do not indicate the volume of shipments walk-in refrigeration systems reported show the count of models distributed in of each model.

TABLE II.4—DISTRIBUTION OF EFFICIENCIES FOR REFRIGERATION SYSTEMS

Count of Percent of Equipment class Count of models at models at models baseline baseline

UC.L ...... 3,899 1,618 41 DC.L.O ...... 1,780 1,438 81 DC.L.I ...... 877 825 94 UC.M ...... 5,228 3,222 62 DC.M.O ...... 2,722 2,057 76 DC.M.I ...... 1,145 956 83

In the June 2014 ECS final rule DOE anti-sweat heater wire controls, adoption of more stringent efficiency assumed that: (1) All panels and non- corresponding to the second design standards. display door shipments were at the option above the baseline); and (3) 80 Next, DOE examined the ratings for baseline; (2) 25 percent of display low- percent of medium-temperature display walk-in doors and panels reported in temperature door shipments were at the doors shipments were at baseline and the CCMS. The number of models at or baseline, with the remaining 75 percent the remaining 20 percent would have above the current standards are shown at a higher efficiency (45 percent were LED lighting, corresponding to the first in Table II.5.22 Again, these data show assumed to have light emitting diode design option above the baseline for the count of models distributed in (‘‘LED’’) lighting, corresponding to the low-temperature display doors. 79 FR commerce with their respective first design option above the baseline in 32050, 32087. DOE understands that efficiency ratings; however, these data the engineering analysis, and 30 percent these assumptions may not reflect the do not indicate the volume of shipments were assumed to have LED lighting plus current state of the market due to of each model.

TABLE II.5—DISTRIBUTION OF EFFICIENCIES FOR PANELS AND DOORS

Count of Percent of Equipment class Count of models at models at models baseline baseline

DD.M ...... 2,861 2,785 97 DD.L ...... 1,213 1,108 91 PD.M ...... 1,872 334 18 PD.F ...... 1,124 604 54 FD.M ...... 631 0 0 FD.L ...... 274 95 35 SP.M ...... 87 14 16 SP.L ...... 98 50 51 FP.L ...... 77 13 17

Issue 8: DOE seeks data and C. Technological Feasibility may affect whether DOE could propose information regarding the current, and During the June 2014 ECS final rule a ‘‘no-new-standards’’ determination, projected future market shares of WICF and July 2017 ECS final rule, DOE such as an insignificant increase in the equipment by efficiency level (e.g., considered a number of technologies for range of efficiencies and performance expressed in terms of increments of 10 reducing walk-in cooler and freezer characteristics of these technologies. percent improvement in AWEF, R- energy consumption.23 DOE is While DOE is particularly interested values, and kWh/day for refrigeration interested in understanding any in comment, information, and data on systems, panels, and doors, respectively, technology improvements for walk-in the following issues, this request for above or below the existing standards in doors, panels, and refrigeration systems information is not strictly limited to 10 CFR 431.306) to establish market since the previous energy standards them. trends in equipment efficiency over rulemaking. Additionally, DOE is 1. Doors and Panels time. DOE also seeks information on interested in any changes to the how the current regulatory environment technologies it evaluated in the a. Technology Options has affected the market share of WICF rulemakings for the June 2014 ECS final A complete list of options evaluated equipment by efficiency rating. rule and July 2017 ECS final rule that in preparation for the June 2014 ECS

21 Please see footnote 15. In%20Coolers%20and%20Freezers%20- 23 For a complete list of technology options 22 U.S. Department of Energy’s Compliance %20Doors%22; and www.regulations.doe.gov/ analyzed during the June 2014 and July 2017 ECS _ _ _ Certification Database, www.regulations.doe.gov/ certification-data/CCMS-4-Walk-In Coolers and final rules, see chapter 3 of ‘‘TSD’’ for each Freezers_-_Panels.html#q=Product_Group_ certification-data/CCMS-4-Walk-In_Coolers_and_ rulemaking. Docket EERE–2008–BT–STD–0015– s%3A%22Walk- _ _ _ _ 0131 (June 2014) and Docket EERE–2015–BT–STD– Freezers - Doors.html#q=Product Group In%20Coolers%20and%20Freezers%20- s%3A%22Walk- %20Panels%22, Last Accessed: March 17, 2021. 0016–0099 (July 2017).

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final rule and explained in the TSD are non-display doors with viewing (‘‘ft2’’), with the average being 1.66 W/ listed in Table II.6 for doors and Table windows, as the thermal performance of ft2. By comparison, the range of anti- II.7 for panels.24 Table II.8 lists the glass pack improves, the amount of sweat heater power is between 0 to 3.74 additional technology options that DOE anti-sweat heat required for the glass W/ft2 for cooler doors not marketed for may consider in a future WICF energy pack decreases. With a more insulative high-humidity applications made by the conservation standard. glass pack, there is a smaller manufacturers who also produce doors temperature difference between the marketed for high-humidity TABLE II.6—TECHNOLOGY OPTIONS interior and exterior faces of the glass applications, with the average being CONSIDERED FOR WICF DOORS and the interior walk-in and exterior air 1.01 W/ft2. FROM THE JUNE 2014 ECS FINAL temperatures, resulting in less Issue 10: DOE seeks specific data and RULE condensation on the glass. As information on the correlation between mentioned in the TSD for the June 2014 relative humidity conditions at Component Technology options ECS final rule, DOE based the amount installation and the anti-sweat heater of anti-sweat heater wire energy Display doors ...... Non-electric anti-sweat sys- power needed to prevent condensation tems. consumption on the glass packs from accumulating on a walk-in door. Anti-sweat heater wire con- selected.25 If a frame does not contain a DOE is also aware that walk-in trols. thermal break or has poor insulative display door manufacturers may Removal of heater wire. properties, despite having a glass pack High-efficiency lighting. produce glass doors for other kinds of Lighting sensors. with better insulative performance, the refrigeration equipment. DOE has Occupancy sensors. door assembly may still require more specifically observed that some glass Automatic insulation deploy- anti-sweat heat on the surrounding doors for commercial refrigeration ment systems. frame to prevent the condensation and Enhanced glass systems. equipment, while appearing very Non-Display Doors .. Increased insulation thick- fogging issues noted earlier. similar in design to their walk-in door ness. Issue 9: DOE seeks information on counterparts, do not include any anti- Improved insulation material. how the physical construction of a sweat heaters around the door or frame. Improved framing materials. display door, including the glass pack Heater wire controls. Issue 11: DOE requests comment on Enhanced glass systems. and the frame, impact the amount of the differences in design, typical anti-sweat heater wire power needed to conditions, and usage of a walk-in prevent condensation accumulating on TABLE II.7—TECHNOLOGY OPTIONS display door as compared to a display any part of the door. Specifically, DOE door for commercial refrigeration CONSIDERED FOR WICF PANELS seeks quantitative data, if available, on equipment which result in commercial FROM THE JUNE 2014 ECS FINAL the change in anti-sweat heater power refrigeration equipment door designs RULE (1) with a specific change in door frame with no anti-sweat heaters. design but no change in glass pack Component Technology options Non-display doors (passage and design, (2) with a specific change in freight doors) typically have better Panels ...... Increased insulation glass pack design but no change in door insulative properties than display doors thickness. frame design, and/or (3) with specific because they have little or no glass Improved insulation ma- changes to the entire assembly. If there terial. needed for viewing purposes. Door are specific design choices which are insulation is also subject to a minimum more costly but result in less or no anti- R-value. 10 CFR 431.306(a)(3). DOE TABLE II.8—POTENTIAL NEW TECH- sweat heat, DOE requests cost data expects that less anti-sweat heat may be NOLOGY OPTIONS FOR WICF based on the capability of the door to needed to prevent condensation DOORS prevent condensation from forming and accumulation for non-display doors the respective design options chosen. because of their improved overall Component Technology options DOE also requests comment on any resistance to heat flow as compared to other considerations which may impact Display and Non-Display Vacuum insulated glass. display doors. Certified data from DOE’s Doors. the use and power of anti-sweat heaters. CCMS database,26 presented in Table As stated previously, DOE is aware II.9, shows that passage and freight that some manufacturers design and Walk-in doors typically use anti-sweat doors have lower average anti-sweat market display doors for high-humidity heater wires to prevent (1) condensation heater power per area of door opening applications. These doors generally from collecting on the glass, frame, or than display doors and a higher have anti-sweat heaters with higher any other portion of the door, which can percentage of passage and freight doors rated power than those of standard puddle and be hazardous to consumers, certify 0 W/ft2 of anti-sweat heater medium-temperature display doors but (2) fogging of the glass, and (3) the power per area of door opening than lower than the power required for low- collecting of condensation that may lead display doors. However, the maximum temperature display doors. For example, to doors freezing shut. DOE has anti-sweat heater power per area of door data from the CCMS database show that observed that anti-sweat heater wires for opening for low-temperature passage doors marketed for high-humidity display doors may be placed within the and freight doors is higher than the applications have a range of anti-sweat door rail surrounding the glass pack average for these equipment classes, and heater power per door opening area and/or within the surrounding frame. the maximum for these equipment from 0.39 to 5.59 watt (‘‘W’’)/square foot For display doors, display panels, and classes is also higher than the maximum for low-temperature display doors. 24 See sections 3.3.3 to 3.3.6 at pp. 3–26 to 3–30 25 See section 5.5.2.3 at p. 5–19 of the TSD for the of the TSD for the June 2014 ECS final rule. Docket June 2014 ECS final rule. Docket EERE–2008–BT– EERE–2008–BT–STD–0015–0131. STD–0015–0131. 26 Please see footnote 22.

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TABLE II.9—CERTIFIED RANGES OF ANTI-SWEAT HEATER POWER PER AREA OF DOOR OPENING FOR EACH WALK-IN DOOR EQUIPMENT CLASS

Display door, Display door, Passage door, Passage door, Freight door, Freight door, medium low medium low medium low temperature temperature temperature temperature temperature temperature

Minimum (W/ft2) ...... 0.00 0.00 0.00 0.00 0.00 0.00 Maximum (W/ft2) ...... 5.59 5.39 6.80 7.08 3.40 7.00 Average (W/ft2) ...... 1.37 2.99 0.42 1.15 0.11 0.16 Percent of Models without Anti-sweat Heat ...... 5% 3% 60% 46% 63% 77%

Issue 12: DOE seeks specific data and anti-sweat power that is greater than adopting this technology. DOE requests information on how the physical that required for display doors to specific feedback on any obstacles or construction of both passage and freight prevent condensation accumulation. concerns (e.g., patents, proprietary use, doors impact the amount of anti-sweat As stated previously, DOE may durability, practicability to heater wire power needed to prevent consider technology options for walk-in manufacture, etc.) which would prevent condensation accumulation on any part doors that were not considered in the manufacturers from using vacuum- of the door. DOE requests specific June 2014 ECS final rule, specifically insulated glass in walk-in doors. DOE comment on any technologies that may vacuum-insulated glass packs for also requests cost data for implementing reduce or eliminate the need for anti- display doors and windows in non- vacuum-insulated glass in walk-in sweat heat on passage or freight doors. display doors. DOE has identified two display doors. DOE also requests door design manufacturers that produce display b. Screening of Technology Options information and data that explain why doors with vacuum-insulated glass many passage and freight doors are able packs.27 Table II.10 lists the technology to perform without any anti-sweat Issue 13: DOE requests comment on options that DOE screened out for walk- heater power in the field but some the prevalence of vacuum-insulated in doors and panels in the TSD for the doors, specifically low-temperature glass for walk-in doors and whether June 2014 ECS final rule and the passage and freight doors, still require other manufacturers are considering applicable screening criteria.28

TABLE II.10—DOORS AND PANELS TECHNOLOGY OPTIONS SCREENED FROM THE JUNE 2014 ECS FINAL RULE

EPCA Criteria (X = Basis for Screening Out) Screened technology option Practicability to Adverse Adverse Unique- Technological manufacture, impact on impacts on pathway feasibility install, and product health and proprietary service utility safety technologies

Non-electric anti-sweat systems ...... X ...... Automatic insulation deployment systems ...... X ...... Insulation thicker than 6 inches ...... X X ......

Issue 14: DOE requests feedback on For the 2014 ECS final rule analyses, exceeding 6 inches, DOE requests what impact, if any, DOE’s screening DOE screened out insulation thickness feedback on what manufacturing criteria (technological feasibility; greater than six inches for panels and investments have been made to do so. practicability to manufacture, install, doors due to concerns about panels and For manufacturers that do not produce and service; adverse impacts on product doors becoming extremely heavy and panels with insulation thicknesses utility or product availability; adverse unwieldy, long cure times for the exceeding 6 inches, DOE requests impacts on health or safety; and unique- insulation, and reduced space within feedback on the obstacles preventing pathway proprietary technologies) the walk-in to store product.29 DOE has them from increasing panel thickness. would have on each of the technology identified one manufacturer that options listed in Table II.6, Table II.7, markets panels with a thickness range c. Representative Units and Table II.8 of this document. DOE from 2-inches to 10-inches.30 also seeks information regarding how Issue 15: DOE requests comment on In the June 2014 ECS final rule, DOE these same criteria would affect any whether 6 inches is an appropriate analyzed representative walk-in cooler other technology options not already upper limit for screening out insulation and freezer doors and panels. 79 FR identified in this document with respect thickness for panels and doors. For 32050, 32072–37073. The representative to their potential use in walk-in doors manufacturers that produce and certify walk-in doors are presented in Table and panels. panels with insulation thicknesses II.11.

27 Product data sheets from two manufacturers 28 See section 4.3 at p. 4–5 of the TSD for the June 30 Technical data from one manufacturer that that produce display doors with vacuum-insulated 2014 ECS final rule. Docket EERE–2008–BT–STD– produces panels ranging from 2-inches to 10-inches glass can be found at www.regulations.gov, Docket 0015–0131. thick can be found at www.regulations.gov, Docket No. EERE–2017–BT–STD–0009–0008 and Docket 29 See section 4.3.5 at p. 4–5 of the TSD for the No. EERE–2017–BT–STD–0009–0010. No. EERE–2017–BT–STD–0009–0009. June 2014 ECS final rule. Docket EERE–2008–BT– STD–0015–0131.

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TABLE II.11—REPRESENTATIVE WALK-IN DOORS EVALUATED IN JUNE 2014 ECS FINAL RULE *

Dimensions Window area (ft2) Utility Temperature Representative unit size (height x for non-display length, ft) doors

Display Door ...... Cooler ...... Small ...... 5.25 x 2.25 ...... Medium ...... 6.25 x 2.25 ...... Large ...... 7 x 3 ...... Freezer ...... Small ...... 5.25 x 2.25 ...... Medium ...... 6.25 x 2.25 ...... Large ...... 7 x 3 ...... Passage Door ...... Cooler ...... Small ...... 6.5 x 2.5 ...... 2.25 Medium ...... 7 x 3 ...... 2.25 Large ...... 7.5 x 4 ...... 2.25 Freezer ...... Small ...... 6.5 x 2.5 ...... 2.25 Medium ...... 7 x 3 ...... 2.25 Large ...... 7.5 x 4 ...... 2.25 Freight Door ...... Cooler ...... Small ...... 8 x 5 ...... 2.25 Medium ...... 9 x 7 ...... 4.00 Large ...... 12 x 7 ...... 4.00 Freezer ...... Small ...... 8 x 5 ...... 2.25 Medium ...... 9 x 7 ...... 4.00 Large ...... 12 x 7 ...... 4.00 * See section 5.3.1 at p. 5–3 of the TSD for the June 2014 ECS final rule, Docket EERE–2008–BT–STD–0015–0131.

For the 2014 ECS final rule, DOE only including size, which distinguish them preparation for the June 2014 ECS final analyzed single-width display doors as from each other. 86 FR 32332, 32335. rule and July 2017 ECS final rule is representative units in the engineering Issue 17: DOE seeks comment on the presented in Table II.12.31 Table II.13 analysis. However, many display doors appropriateness of the representative lists additional technology options that are sold as multi-door configurations units chosen for the previous analysis of DOE may consider in a future WICF with 2-, 3-, 4-, or 5-door openings passage and freight doors. DOE requests energy conservation standard. encapsulated within one outer frame. specific feedback on what the minimum The relationship of energy use for a and maximum sizes of both passage and TABLE II.12—TECHNOLOGY OPTIONS single-width display door may not freight doors are and if there are other CONSIDERED FOR WICF REFRIG- linearly extrapolate for multi-door attributes besides size which ERATION SYSTEMS IN THE JUNE configurations. For example, a single- differentiate passage doors from freight 2014 ECS FINAL RULE AND JULY width door may include two light doors and vice versa. 2017 ECS FINAL RULE fixtures, one on each side of the door As discussed in the June 2021 TP RFI, opening, whereas additional doors may DOE received multiple test procedure Component Technology options add one light fixture per door opening. waivers requesting to increase the Thus, a single-width door of equal area percent time off (‘‘PTO’’) for motorized Refrigeration Systems .... Energy storage systems. to a double-width door would use less walk-in door openers. 86 FR 32332, Refrigeration system lighting power than the double-width 32338. In the engineering analysis for override. Automatic evaporator fan door, despite being equal in area. the June 2014 ECS final rule, the Issue 16: DOE requests feedback on shut-off. representative units of walk-in doors Improved evaporator and the representative units for display analyzed did not include motorized condenser fan blades. doors used for the 2014 ECS final rule door openers. DOE is considering Improved evaporator and engineering analysis and whether multi- whether motorized door openers should condenser coils. door configurations should be included Evaporator fan control. be considered in its representative Ambient sub-cooling. as representative units. If so, DOE seeks models. comment on panel size and the number Higher-efficiency fan mo- Issue 18: DOE seeks comment on the tors. of panels that would be most prevalence of motorized door openers Higher-efficiency com- representative for multi-door for both display and non-display doors. pressors. configurations. Additionally, DOE seeks DOE requests specific feedback on the Variable-speed compres- specific data on the appropriate number sors. of door openings and door sizes to prevalence of motorized door openers Liquid suction heat ex- consider and the additional electrical by equipment class, the minimum door changer. Adaptive Defrost. component power (e.g., anti-sweat size that might have a motorized door opener, the percentage of doors sold Hot gas defrost. heater power, lighting, etc.) required for Floating head pressure. each additional door opening. DOE is which typically include a motorized door opener, and any data relating Condenser fan control. also interested in any other differences Economizer cooling. between single-door and multi-door power of a motorized door opener to configurations that would impact energy door size. 31 use. 2. Refrigeration Systems See sections 3.3.1 and 3.3.7–3.3.10 at pp. 3–24 In the June 2021 TP RFI, DOE through 3–25 and 3–30 through 3–33 of the TSD for a. Technology Options the June 2014 ECS final rule. Docket EERE–2008– requested feedback on the current BT–STD–0015–0131. See section 3.3 at pp. 3–14 definitions of passage and freight doors A complete list of technology options through 3–18 of the TSD for the July 2017 ECS final and whether there were any attributes, evaluated for refrigeration systems in rule. Docket EERE–2015–BT–STD–0016–0099.

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TABLE II.13—POTENTIAL NEW TECH- are additional technologies that apply to designing their equipment and the NOLOGY OPTIONS FOR WICF RE- wine cellar refrigeration systems that are utility advantages and disadvantages of FRIGERATION SYSTEMS not mentioned in Table II.12 or Table scroll versus semi-hermetic compressors II.13 of this document. Additionally, over a range of capacities for which both Component Technology options DOE requests comment on the specific compressors types could be considered. design constraints for wine cellar Issue 23: DOE requests comment on Refrigeration Systems .... Improved Thermal Insu- lation. refrigeration systems and how these the relative efficiency difference Crankcase Heater Con- constraints may impact the use of between scroll and semi-hermetic trols. certain technology options. compressors in the range of capacities in Refrigerant. In the July 2017 ECS final rule, DOE which both are available. DOE also considered and ultimately screened out requests comment on other design As discussed in sections II.A.2, II.A.3, improved compressor technology parameters that would lead a and II.A.4 of this document, DOE is options, such as multiple-capacity or manufacturer to select a certain interested specifically in high- variable-capacity compressors. 82 FR compressor design over another and temperature freezers, single-package 31808, 31839. The current DOE test would represent potential utility refrigeration systems, and wine cellar procedure does not allow testing of differences of different compressor refrigeration systems and how their multiple-capacity or variable-capacity designs, specifically, (1) compressor particular applications may influence systems using the condenser-alone weight relative to the final equipment the use of the technology options listed rating method. Although the test weight and its impact on equipment in Table II.12 and Table II.13 of this procedure does have provisions for shipping, installation, and end-use; (2) document. testing multiple-capacity and variable- Issue 19: DOE requests comment on compressor durability, equipment capacity matched-pair refrigeration warranty, and equipment lifetime; and whether there are technology options or systems, DOE did not analyze matched- other design features that would be (3) any other relevant differences. pair systems in the engineering analysis DOE is also interested in unique to high-temperature freezer and thus did not further consider this refrigeration systems (i.e., medium- understanding if other higher efficiency option. 82 FR 31808, 31839. DOE single-capacity compressors have temperature systems operating at a requested information and comment on temperature between 10 °F to 32 °F) as become available for use in walk-in testing multiple-capacity and variable- systems since the last rulemaking. For compared to technology options or capacity compressors in the June 2021 design features for medium-temperature instance, DOE is interested in TP RFI. 86 FR 32332, 32348–32349. information on whether some refrigeration systems operating at above- Issue 22: DOE seeks information on compressors are more efficient than freezing (cooler) temperatures. If high- the availability of multiple-capacity or others at certain walk-in capacity ranges temperature freezer refrigeration variable-capacity compressors in the or operating conditions.. systems have certain unique features, current market. DOE is also interested in DOE seeks information on those features any end-user requirements that may Issue 24: DOE seeks information on and how they impact refrigeration restrict the use of, or reduce the the availability and efficiencies of system performance. potential benefits of, multi- or variable- single-speed compressors (e.g., scroll As discussed in section II.A.3 and capacity compressors in the field. compressors, rotary compressors, semi- II.A.4 of this document, single-package In the July 2017 ECS final rule, DOE hermetic compressors) that were not and wine cellar refrigeration systems evaluated scroll compressors for smaller available or were not considered in the have structural designs different from capacity systems (capacities between analysis during the rulemaking finalized other walk-in split systems. Due to 6,000 Btu/h and 25,000 Btu/h) and in 2017. Additionally, DOE is interested differences in design, DOE expects that semi-hermetic compressors for larger in understanding the availability of the design options for these products capacity systems (capacities between rotary compressors for use in single- may be different from dedicated 25,000 Btu/h and 72,000 Btu/h). 82 FR package and wine cellar refrigeration condensing units and unit coolers sold 31808, 31837–31838. For most systems. separately. evaluated representative capacities, As shown in Table II.13 of this Issue 20: DOE requests comment on DOE assigned the expected compressor document, DOE is investigating which of the technology options listed type and did not evaluate compressor crankcase heater controls to understand in Table II.12 and Table II.13 of this type as a design option. (At the 25,000 how they are used in, and the field document are available and used in Btu/h overlap representative capacity, requirements for, outdoor walk-in single-package refrigeration systems. DOE applied a blended analysis, but refrigeration systems. There are several DOE also requests comment on whether also did not consider compressor type types of crankcase heater control there are other technologies that apply as a design option for efficiency systems that are available on the market to single-package refrigeration systems improvement.) However, DOE is aware for other types of equipment, not mentioned in Table II.12 or Table that some compressor types are more specifically, central air conditioners and II.13 of this document. Additionally, efficient than others. For example, a heat pumps (‘‘CACs’’). The technical DOE requests comment on which preliminary evaluation of DOE’s CCMS support document from the direct final technology options are feasible for database indicates that for those rule amending standards for CACs dedicated condensing systems and unit reported models with an AWEF value published on January 6, 2017 (‘‘CAC coolers but may not be feasible for higher than the minimum standard, 2017 direct final rule’’) provides single-packaged refrigeration systems low-temperature dedicated condensing descriptions of different crankcase due to structural design constraints. units (less than 25,000 Btu/h) with heater control systems.32 Issue 21: DOE requests comment on semi-hermetic compressors have which of the technology options listed reported AWEF values six percent, on 32 See sections 3.4.1 at p. 3–34 of the TSD for the in Table II.12 and Table II.13 of this average, higher than similar units that CAC 2014 direct final rule. Docket EERE–2014–BT– document are available and used in STD–0048–0098. The docket and supporting use a scroll compressor. DOE is materials for the CAC 2017 direct final rule can be wine cellar refrigeration systems. DOE interested in understanding how accessed at www.regulations.gov/docket/EERE- also seeks information on whether there manufacturers select compressors when 2014-BT-STD-0048.

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Thermostatically-controlled crankcase database 33 indicate that 86 percent of traditional (e.g. hydrocarbon) heaters adjust whether the heater is on medium-temperature and 91 percent of refrigerants for use in dedicated or off based on a temperature sensor that low-temperature models are offered condensing unit, unit cooler, single- measures outdoor ambient air. When the with R–404A, R–407A, R–448A/R– package, and wine cellar walk-in outside ambient temperature is high 449A, or R–507A. R–448A/R–449A has refrigeration systems. DOE is interested enough the heater turns off, thus low Global Warming Potential (‘‘GWP’’) in understanding what domestic and reducing energy use. (Id.). Self- compared to R–407A, which in turn has international activities may be driving regulating crankcase heaters have lower GWP than R–404A and R–507A. trends in market adoption of non- control systems that vary the resistivity The remaining medium- and low- traditional (e.g. hydrocarbon) as a function of temperature, thus temperature condensing unit models are refrigerants. DOE also seeks comment providing ‘‘internal’’ thermostatic offered with R–407C, R–407F, and on whether and how the availability of control to reduce energy use. (Id.) In its R–52A. Additionally, DOE is aware that higher-efficiency compressors might be testing, DOE has observed that some wine cellar walk-in refrigeration impacted by the use of non-traditional walk-in refrigeration systems have the systems are currently offered with (e.g. hydrocarbon) refrigerants. DOE crankcase heater energized 100 percent R–134A. requests information on whether charge of the time including when the In past rulemakings, DOE has limits or safety standards (e.g., compressor is operating, without conducted its walk-in refrigeration standards issued by Underwriter’s demand-based controls. DOE is system engineering analysis using a Laboratory) would restrict the use of considering whether crankcase heater single refrigerant—using R–404A for the non-traditional (e.g. hydrocarbon) control technology might be applied to June 2014 ECS final rule and using refrigerants in walk-in refrigeration WICF refrigeration systems to improve R–407A for the July 2017 ECS final rule. systems. Finally, DOE requests efficiency. 79 FR 32050, 32073–32074 and 82 FR comment on any additional design Issue 25: DOE seeks comment on the 31808, 31835–31836. However, for basic changes or safety measures that may be prevalence of the use of crankcase models certified with an AWEF value necessary for WICFs to incorporate non- heater controls for walk-in refrigeration higher than the minimum standard in traditional (e.g. hydrocarbon) systems. Additionally, DOE requests DOE’s CCMS database, DOE observes refrigerants. that some refrigerants provide efficiency information on what type of crankcase In its supporting analysis to the June advantages over others for products heater controls are considered viable, 2014 ECS final rule, DOE evaluated with similar rated capacities. For and what application circumstances evaporator coils with either 4 or 6 fins instance, between certified capacities of would make certain control approaches per inch for both low- and medium- 13,500 Btu/h and 16,500 Btu/h, one inappropriate e.g., by unacceptably 34 low-temperature condensing unit basic temperature unit coolers. For the July increasing the chance of compressor 2017 ECS final rule, DOE’s engineering failure. model was certified with a reported AWEF range from 3.5 to 3.87 and from analysis included evaporator coils with As discussed in section II.A.3 of this 4 fins per inch for low-temperature and document, single-package refrigeration 3.49 to 4.43 with R–407A and R–448A/ R–449A, respectively. 6 fins per inch for medium-temperature systems are susceptible to thermal 35 Issue 27: DOE requests comment and unit coolers. An evaluation of DOE’s losses associated with the structural 36 data to support whether it should CCMS database indicates a minimum design. Table II.13 lists thermal include refrigerant as a design option in of 4 fins per inch and a maximum of 8 insulation as a potential technology its engineering analysis for walk-in fins per inch for both low-temperature option for these systems. Improved refrigeration systems. DOE also requests and medium-temperature units, with thermal insulation may reduce information on the availability and higher certified AWEF values for conduction losses, and better sealing of relative utility of R–452A, R–407C, and models with a higher number of fins per cabinet air leaks may reduce infiltration R–407F compared to R–407A and inch. Roughly 65 percent of low- of warm outdoor air. R–448A/R–449A for use in walk-in temperature models have more than 4 Issue 26: DOE seeks information on dedicated condensing units and single- fins per inch, while about 10 percent of the potential for improved thermal package systems. Additionally, DOE is medium-temperature models have more insulation and sealing of air leaks to interested in understanding the than 6 fins per inch. improve the efficiency of single-package availability and relative utility of Issue 29: DOE seeks comment on if 4 refrigeration systems. Specifically, DOE R–450A, R–513A/R–513B, and R–515A fins per inch and 6 fins per inch for low- is interested in data on the range of compared to R–134A for wine cellar and medium-temperature unit coolers, typical insulation thickness used in walk-in refrigeration systems. DOE is respectively, are still appropriate to use single-package systems to insulate the also interested in understanding what in its engineering analysis given the indoor portion, in addition to the domestic and international activities number of certified models at each insulation materials that are typically may be driving trends in the market operating temperature that do not meet used. Additionally, DOE requests adoption of low GWP refrigerants. these specifications—and if not, which information on the processes and In addition to evaluating low GWP fin configuration(s) should DOE use for materials that manufacturers utilize to refrigerants, DOE is investigating the its analysis? ensure airtight enclosures. DOE is also potential use of non-traditional interested in understanding the quality refrigerants, such as hydrocarbon 34 See Table 5.3.5 of the TSD for the June 2014 control processes manufacturers have in refrigerants. ECS final rule. Docket EERE–2008–BT–STD–0015– place to ensure that airtight units are Issue 28: DOE requests information on 0131. released to the market. the availability of specific non- 35 See Table 5.3.2 of the TSD for the July 2017 Evaluation of outdoor dedicated ECS final rule. Docket EERE–2015–BT–STD–0016– 0099. condensing units in DOE’s CCMS 33 Please see footnote 15. 36 Please see footnote 15.

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DOE also requests information and 32 °F). Finally, DOE requests comment used in high-temperature freezer data on the potential impact on defrost on whether the number of fins per inch applications. frequency and/or daily energy use would be different for medium- b. Screening of Technology Options contributions for low-temperature unit temperature unit coolers used for coolers with more than 4 fins per inch medium-temperature versus high- Table II.14 summarizes the and for medium-temperature unit temperature freezer applications. If the refrigeration system technology options coolers with more than 6 fins per inch number of fins per inch would differ, that DOE did not include in its analysis used in high-temperature freezer DOE seeks data to support a in the June 2014 ECS final rule and July applications (i.e. freezers with an representative number of fins per inch 2017 ECS final rule, and the applicable interior temperature range from 10 °F to for medium-temperature unit coolers screening criteria.

TABLE II.14—REFRIGERATION SYSTEMS TECHNOLOGY OPTIONS SCREENED FROM THE JUNE 2014 ECS FINAL RULE AND/ OR JULY 2017 ECS FINAL RULE

EPCA criteria Other reasons Practicability to Adverse Adverse for not Screened technology option Technological manufacture, impact on impacts on considering feasibility install, and product utility health and the service safety technology

Liquid suction heat exchangers ...... X * Refrigeration system override ...... X * Economizer cooling ...... X * Automatic evaporator fan shut-off ...... X * Energy storage systems ...... X ...... High efficiency evaporator fan motor ...... X ...... 3-Phase motors ...... X ...... Improved evaporator coil ...... X ...... Variable-capacity compressors ...... X† Adaptive defrost ...... X * On-cycle variable-speed evaporator fans ...... X * Hot gas defrost ...... X * * DOE screened out these technology options because they do not affect energy consumption as measured by the current DOE test proce- dure. (Docket EERE–2008–BT–STD–0015–0131, Section 4.2 at pp. 4–3 through 4–4; EERE–2015–BT–STD–0016–0099, Section 4.2 at pp. 4–2 through 4–4). † DOE screened out variable-capacity compressors (a subset of higher-efficiency compressors) because the current DOE test procedure does not include a method for assessing variable-capacity dedicated condensing units tested without a matched unit cooler (see 10 CFR 431.304). 82 FR 31808, 31839.

Issue 30: DOE requests feedback on with a long period (i.e., when too much or for unit coolers (since DOE’s analysis what impact, if any, DOE’s screening frost builds up on the coils) between is based on a single component). criteria (technological feasibility; defrosts may significantly affect the on- Issue 31: DOE requests stakeholder practicability to manufacture, install, cycle performance of the refrigeration feedback on how to address adaptive and service; adverse impacts on product system; however, a system that defrosts defrost in a future rulemaking. utility or product availability; adverse frequently could increase defrost energy Specifically, DOE is interested in data impacts on health or safety; and unique- use. 86 FR 32332, 32348. DOE that support whether DOE should pathway proprietary technologies) recognizes the potential efficiency continue to screen adaptive defrost from would have on each of the technology advantage offered by adaptive defrost its engineering analysis, and if not, DOE options listed in Table II.12 or Table and is considering how best to is interested in understanding whether II.13 of this document. Similarly, DOE incorporate adaptive defrost into its adaptive defrost functionality and cost seeks information regarding how these analysis. burden should be included in its same criteria would affect any other analysis of dedicated condensing units technology options not already In a future rulemaking, DOE may or in its analysis of unit coolers. DOE identified in this document with respect consider allowing walk-in refrigeration additionally requests comment on how to their potential use in walk-in systems with adaptive defrost to the screening results summarized in refrigeration systems. continue to qualitatively represent Table II.14 may have changed for The current test procedure includes a improved efficiency performance solely adaptive defrost, such that the method to address systems with for marketing purposes and not for approaches used in the prior rulemaking adaptive defrost. Section 3.3.5 of demonstrating compliance with the analyses may no longer be appropriate. appendix C to subpart R of 10 CFR part current standards. Adaptive defrost DOE removed hot gas defrost as a 431. As provided in the DOE test could also be used to demonstrate design option in its analysis for the July procedure, adaptive defrost is not compliance with energy conservation 2017 ECS final rule. 82 FR 31808, included in the determination of AWEF standards. DOE could also include 31834. Instead, DOE assigned to hot gas to demonstrate compliance but a adaptive defrost in its analysis for defrost unit coolers the same default manufacturer may voluntarily account setting new energy conservation values for electric defrost heat and for a unit’s improved performance with standards; however, DOE would need to energy use calculations that the test adaptive defrost activated in its market determine whether adaptive defrost procedure assigns to dedicated representations. Id. As discussed in the would be included in the engineering condensing units that are not matched June 2021 TP RFI, an adaptive system analysis for dedicated condensing unit with a unit cooler for testing (i.e., tested

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alone). 81 FR 95758, 95774–95777, see for marketing purposes and not for c. Representative Units also section 3.5 of appendix C to subpart demonstrating compliance with the In the June 2014 ECS final rule and R of 10 CFR part 431. In a test procedure current standards. Hot gas defrost could July 2017 ECS final rule, DOE analyzed final rule published on March 26, 2021 also be used to demonstrate compliance the representative refrigeration system (‘‘March 2021 TP final rule’’), DOE with energy conservation standards. capacities presented in Table II.15. 79 updated the defrost energy use and DOE could also include hot gas defrost FR 32050, 37073 and 82 FR 31808, thermal load equations for hot gas as a design option in its analysis for 31835. However, data retrieved from defrost unit coolers tested alone to setting new energy conservation DOE’s CCMS database 15 indicates that: provide a consistent performance standards. • For outdoor medium-temperature evaluation between hot gas defrost and dedicated condensing units, 39 percent electric defrost unit coolers when tested Issue 32: DOE requests stakeholder feedback on how to address hot gas of certified units have a nominal alone. 86 FR 16027, 16030. However, capacity greater than 96,000 Btu/h and this approach does not measure or defrost in a future rulemaking. Specifically, DOE is interested in data 19 percent of certified units have a account for actual hot gas defrost capacity greater than 200,000 Btu/h; thermal load and energy use. 81 FR that support whether DOE should • continue to screen hot gas defrost from For low-temperature unit coolers, 95758, 95774–95777. 48 percent of certified units have a rated its engineering analysis, and if not, DOE As discussed in the June 2021 TP RFI, capacity of greater than 40,000 Btu/h is interested in understanding whether defrost heat and energy values specific and 19 percent are rated at greater than to hot gas defrost units are included in hot gas defrost functionality and cost 100,000 Btu/h; the most recent industry test method, burden should be included in its • For medium-temperature unit ‘‘2020 Standard for Performance Rating analysis of dedicated condensing units coolers, 55 percent of certified units of Walk-In Coolers and Freezers,’’ or in its analysis of unit coolers. DOE have a nominal capacity greater than (‘‘AHRI 1250–2020’’). 86 FR 32332, additionally requests comment on how 24,000 Btu/h, with 16 percent rated at 32347. Similar to the current approach the screening results presented in Table greater than 100,000 Btu/h. for adaptive defrost, DOE could allow II.14 of this document have changed for These data are based on a count of walk-in refrigeration systems with hot hot gas defrost, such that the approaches basic models submitted to the CCMS gas defrost to qualitatively represent used in the prior rulemaking analyses database and do not indicate the volume improved efficiency performance solely may no longer be appropriate. of shipments of each model.

TABLE II.15—REPRESENTATIVE REFRIGERATION SYSTEM UNITS EVALUATED IN THE JUNE 2014 AND JULY 2017 ECS FINAL RULES

Representative Equipment class unit capacity Representative unit compressor type Associated rulemaking (Btu/h)

Dedicated Condensing, Medium, Indoor ...... 6,000 Hermetic ...... June 2014 ECS final rule.* 6,000 Semi-hermetic. 18,000 Hermetic. 18,000 Scroll. 18,000 Semi-hermetic. 54,000 Scroll. 54,000 Semi-hermetic. 96,000 Scroll. 96,000 Semi-hermetic. Dedicated Condensing, Medium, Outdoor ...... 6,000 Hermetic. 6,000 Semi-hermetic. 18,000 Hermetic. 18,000 Scroll. 18,000 Semi-hermetic. 54,000 Scroll. 54,000 Semi-hermetic. 96,000 Scroll. 96,000 Semi-hermetic. Dedicated Condensing, Low, Indoor, <6,500 Btu/h ...... 6,000 Scroll ...... July 2017 ECS final rule.** Dedicated Condensing, Low, Indoor, ≥6,500 Btu/h ...... 9,000 Scroll. 25,000 Scroll. 25,000 Semi-hermetic. 54,000 Semi-hermetic. Dedicated Condensing, Low, Outdoor, <6,500 Btu/h ...... 6,000 Scroll. Dedicated Condensing, Low, Outdoor, ≥6,500 Btu/h ...... 9,000 Scroll. 25,000 Scroll. 25,000 Semi-hermetic. 54,000 Semi-hermetic. 72,000 Semi-hermetic. Unit Cooler, Medium ...... 4,000 N/A. 9,000 N/A. 24,000 N/A. Unit Cooler, Low, <15,500 Btu/h ...... 4,000 N/A. 9,000 N/A. Unit Cooler, Low, ≥15,500 Btu/h ...... 18,000 N/A.

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TABLE II.15—REPRESENTATIVE REFRIGERATION SYSTEM UNITS EVALUATED IN THE JUNE 2014 AND JULY 2017 ECS FINAL RULES—Continued

Representative Equipment class unit capacity Representative unit compressor type Associated rulemaking (Btu/h)

40,000 N/A. * See section 5A.5 at pp. 5A–28 through 5A–45 of the TSD for the June 2014 ECS final rule, Docket EERE–2008–BT–STD–0015–0131. ** See section 5A.2 at pp. 5A–1 through 5A–18 of the TSD for the July 2017 ECS final rule, Docket EERE–2008–BT–STD–0015–0099.

Issue 33: DOE seeks comment on representative single-packaged While DOE is particularly interested whether the representative minimum refrigeration system with capacity in in comment, information, and data on and maximum capacities listed in Table this range. the following issues, this request for II.15 of this document are appropriate To conduct an engineering analysis information is not strictly limited to for walk-ins of 3,000 square feet or less. for wine cellar refrigeration systems, them. Specifically, DOE is interested in DOE seeks information on the size and 1. Markups Analysis—Distribution whether the highest capacities listed for capacities of the most representative Channels each equipment class in Table II.15 of units on the market. DOE’s initial this document appropriately represent research into wine cellar refrigeration DOE derives customer prices based on walk-ins within the scope of DOE’s systems indicates that the capacity for manufacturer markups, retailer energy conservation standards (and/or most single-package and matched-pair markups, distributor markups, sufficiently representative of models up units ranges from 1,000 Btu/h to 18,000 contractor markups (where appropriate), to the largest capacities). If the highest Btu/h, with very few units between and sales taxes. In deriving these capacities listed for each equipment 13,000 Btu/h and 18,000 Btu/hr. markups, DOE determines the major class in Table II.15 of this document are Additionally, DOE received information distribution channels for product sales, not representative, DOE requests data from AHRI in 2019 listing capacity, the markup associated with each party and supporting information as to why AWEF, condenser fan power, and in each distribution channel, and the they are not representative, and what compressor type for wine cellar existence and magnitude of differences appropriate maximum capacities for refrigeration systems.37 between markups for baseline products each equipment class would be. Issue 36: DOE requests comment on if (‘‘baseline markups’’) and higher- Issue 34: DOE seeks comment on the the capacity, AWEF, condenser fan efficiency products (‘‘incremental appropriateness of the compressor types power, and compressor types provided markups’’). The identified distribution associated with each representative by AHRI are representative of the channels (i.e., how the products are unit. Specifically, DOE seeks data on the market for single-package and matched- distributed from the manufacturer to the respective ranges of refrigeration system pair wine cellar refrigeration systems. consumer) and estimated relative sales capacities for which each compressor DOE also seeks information on the volumes through each channel are used type (scroll, hermetic, and semi- availability and prevalence of wine in generating end-user price inputs for hermetic) may realistically be used. cellar refrigeration systems between the life-cycle cost (‘‘LCC’’) analysis and Further, DOE seeks comment on if there 13,000 and 18,000 Btu/h for walk-in national impact analysis (‘‘NIA’’). are refrigeration system capacity ranges wine cellars with a square footage of In the June 2014 ECS final rule and for which multiple types of compressors 3,000 square feet or less. July 2017 ECS final rule, DOE defined may be used. the distribution channels for WICFs and DOE’s initial research into single- D. Significant Savings of Energy estimated their respective shares of package refrigeration systems indicates In determining whether a proposed shipments as: (1) Direct to customer that capacities range between 1,900 Btu/ energy conservation standard is sales, through national accounts or h and 29,000 Btu/h, with most units less economically justified, DOE analyzes, contractors; (2) refrigeration wholesalers than 17,000 Btu/h. In order to conduct among other things, the potential to consumers; (3) Original Equipment an engineering analysis for single- economic impact on consumers, Manufacturers (‘‘OEM’’) to consumers— package refrigeration systems, DOE manufacturers, and the Nation. DOE the OEM distribution channel primarily seeks information on the capacities of seeks comment on whether there are represents manufacturers of WICF the most representative units on the economic barriers to the adoption of refrigeration systems who may also market. more stringent energy conservation install and sell entire WICF refrigeration Issue 35: DOE requests comment on standards. DOE also seeks comment and units; (4) contractors who primarily appropriate representative capacities for data on any other aspects of its install WICF envelope components single-package refrigeration systems. economic justification analysis from the (panels and doors); and (5) refrigeration Specifically, DOE requests data on the June 2014 ECS final rule and July 2017 equipment distributors of panels and availability and prevalence of single- ECS final rule that may indicate non-display doors. WICF distribution package units sized between 17,000 Btu/ whether a more stringent energy channels evaluated in DOE’s previous h and 29,000 Btu/h, and whether DOE conservation standard would be rulemakings are summarized in Table should consider including a economically justified or cost effective. II.16.

37 The AHRI Wine Cellar AWEF Technical data of wine cellar refrigeration systems can be found at www.regulations.gov Docket No. EERE– Justification document containing the performance 2017–BT–STD–0009–0011.

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TABLE II.16—DISTRIBUTION CHANNELS

Equipment type Dedicated Panels and Distribution channel condensing Unit coolers non-display Display doors equipment (%) doors (%) (%) (%)

1 ...... Direct (National Accounts) ...... 3 45 49 30 2 ...... Refrigeration Wholesalers ...... 42 45 ...... 3 ...... OEM ...... 55 10 ...... 70 4 ...... General Contractor ...... 8 ...... 5 ...... Equipment Distributor ...... 43 ......

Total ...... 100 100 100 100

Issue 37: DOE seeks comment on refrigeration system and envelope purchases and stock replacements due whether the distribution channels used components. Specifically, DOE requests to failures. Equipment failure rates are in the June 2014 ECS final rule and July data on appropriate average lifetimes related to equipment lifetimes (see 2017 ECS final rule (as depicted in that DOE’s analyses should use for: section II.D.2 of this document). In the Table II.16) remain relevant today, and display-panels, high-temperature analyses done for the June 2014 ECS if not, DOE requests information on freezers, single-package refrigeration final rule and July 2017 ECS final rule, these channels as well as the existence systems, and wine cellars as described DOE modeled projections for new of any additional channels that are used in sections II.A.1 through II.A.4 of this equipment using the commercial to distribute walk-in components into document. building floor space growth rates of the market. Additionally, DOE requests buildings classified as ‘‘food sales,’’ 3. Shipments Analysis comment on the appropriateness of ‘‘food service,’’ and ‘‘other’’ from the these channels, and their respective DOE develops shipments forecasts of Energy Information Administration’s fractions for the following equipment: walk-ins to calculate the national Annual Energy Outlook.39 In both the display-panels, high-temperature impacts of potential amended energy June 2014 ECS final rule and July 2017 freezers, single-package refrigeration conservation standards on energy ECS final rule DOE assumed that the systems, and wine cellars as described consumption, net present value share of shipments for each equipment in sections II.A.1 through II.A.4 of this (‘‘NPV’’), and future manufacturer cash class and capacity would remain document. flows.38 DOE’s shipments projections constant over time. 40 82 FR 31808, are based on available data broken out 31847. 2. Lifetime Analysis by equipment class, capacity, and Previously, complete historical The equipment lifetime is the age at efficiency. Current sales estimates allow shipments data for walk-ins could not which the equipment is retired from for a more accurate model that captures be obtained from any single source. service. To reflect the uncertainty of recent trends in the market. Therefore, in the June 2014 ECS final equipment lifetimes the LCC analysis The envelope component shipments rule DOE used data from multiple uses Weibull probability distributions model for panels and doors, and the sources to estimate historical shipments. for each equipment class. For the June refrigeration system shipments model 79 FR 32050, 32088. For the July 2017 2014 ECS final rule and July 2017 ECS for dedicated condensing systems and ECS final rule, DOE continued with the final rule DOE developed separate unit coolers, take an accounting same sources of shipments described in lifetime distributions for WICF envelope approach, tracking market shares of the NOPR published on September 13, components and refrigeration system each equipment class and the vintage of 2016. 81 FR 62980, 63012. components. 79 FR 32050, 32086 and 82 units in the existing stock over time. Issue 39: DOE requests comment on FR 31808, 31846. The average values of Stock accounting uses equipment its assumption that the market share of these distributions are shown in Table shipments as inputs to estimate the age shipments for each equipment class II.17. distribution of in-service equipment would remain constant over time. stocks for all the years covered under a TABLE II.17—ESTIMATED AVERAGE potential revised standard. The age distribution of in-service equipment 39 See chapter 9, section 9.2 of the June 2014 ECS WICF EQUIPMENT LIFETIMES final rule TSD, available at: www.regulations.gov/ [Years] stocks is a key input to calculations of document/EERE-2008-BT-STD-0015-0131. See both the National Energy Savings chapter 9, section 9.3 of the July 2017 ECS final rule Average (‘‘NES’’) and NPV of a potential new TSD, available at: www.regulations.gov/document/ Component lifetime standard because operating costs for any EERE-2015-BT-STD-0016-0099. For more (years) information see: www.eia.gov/outlooks/aeo/. year depend on the age distribution of 40 The assumption that shipments for each the stock. Refrigeration Systems (con- capacity of each equipment class would remain constant over time were not explicitly stated in densing systems and unit cool- DOE’s shipments model of walk-in refrigeration systems and envelope either the Notice or the TSD of the June 2014 ECS ers) ...... 10.5 final rule. However, the results for the shipments Non-display Doors (freight and components are driven by new analysis, where this assumption is applied, can be passage doors) ...... 6 reviewed in the final rule National Impacts Display Doors ...... 12 38 DOE uses data on manufacturer shipments as Analyses (NIA) models for both refrigeration Panels ...... 12 a proxy for national sales, as aggregate data on sales systems, panels, and doors. For refrigeration are not readily available for DOE to examine. In systems: www.regulations.gov/document/EERE- general, one would expect a close correspondence 2008-BT-STD-0015-0135. For panels and doors: Issue 38: DOE seeks comment on its between shipments and sales in light of their direct www.regulations.gov/document/EERE-2008-BT- estimated equipment lifetime for WICF relationship with each other. STD-0015-0134.

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a. Dedicated Condensing Systems and based on shipments data provided by temperature dedicated condensing Unit Coolers stakeholders.41 82 FR 31808, 31847. equipment for various applications, and For the July 2017 ECS final rule, DOE These data did not explicitly state the from medium-temperature unit cooler initialized its stock and shipments share of medium-temperature dedicated shipments. Walk-in shipments data model for low-temperature dedicated condensing units and were inferred used in the July 2017 ECS final rule condensing equipment and unit coolers from both the fraction of low- analysis are summarized in Table II.18.

TABLE II.18—ESTIMATED CONDENSING SYSTEM AND UNIT COOLER SHIPMENTS, 2020 [Units]

Equipment class DC.L.I DC.L.O UC.L DC.M.I DC.M.O UC.M

Dedicated Condensing Unit Only ...... 3,202 4,075 ...... 6,459 11,481 ...... Field Paired (Dedicated Condensing Sys- tems and Unit Coolers) ...... 14,943 19,019 ...... 30,141 53,586 ...... Unit Coolers Only (connected to Dedi- cated Condensing Units) ...... 7,277 ...... 17,941 Unit Coolers Only (connected to Multi- plexing Condensing Units) ...... 11,635 ...... 20,459

These data showed that: described in sections II.A.2 through data on the relative market size of • 4 percent of shipments were II.A.4 of this document. refrigeration systems used in high manufacturer-matched dedicated Issue 40: DOE seeks input from temperature freezers compared to the condensing units and unit coolers stakeholders on whether the shipments refrigeration system market sizes for (manufacturer matched-paired), and the shown for low-temperature dedicated cooler applications (i.e., temperature remaining 96 percent were sold as condensing equipment and unit coolers greater than 32 °F) and low-temperature individual dedicated condensing units are still relevant. Further, DOE seeks (e.g., less than or equal to ¥10 °F) or unit coolers that installers matched in data on the annual shipments of low- freezer applications. temperature single-package refrigeration the field (stand-alone, and field-paired); b. Doors and Panels • 82 percent of low-temperature unit systems (see section II.A.3 of this coolers were paired with dedicated document) and the distribution of rated For the July 2014 ECS final rule, DOE condensing systems, and the remaining capacities as shown in Table II.15 of this initialized its stock and shipments document. 18 percent were paired with multiplex model for panels and doors based on the Issue 41: DOE seeks input from systems. With respect to medium- number of complete WICF units per unit stakeholders on whether the shipments of floor space area, per building of a temperature unit coolers, 85 percent of shown for medium-temperature given type and size having any WICF these were paired with dedicated condensing equipment and unit coolers unit. These data were derived from the condensing systems while the reflect the state of the current market. remaining 15 percent were paired with Issue 42: DOE seeks data on the Commercial Buildings Energy multiplex systems; and Consumption Survey (‘‘CBECS’’) 1999 43 annual shipments of medium- 44 45 • 46 percent of low-temperature temperature single-package refrigeration and CBECS 2003. dedicated condensing systems were systems (see section II.A.3 of this These data show that 70 percent of installed indoors with the remaining 54 document), high-temperature freezers panel shipments are medium- percent installed outdoors. Among (see section II.A.2 of this document) and temperature, 23 percent are low- medium-temperature dedicated wine cellar refrigeration systems (see temperature wall panels, and the condensing systems, 36 percent of these section II.A.4 of this document) and the remaining 7 percent are low- were installed indoors with the distribution of rated capacities of each temperature floor panels (in terms of ft2 remaining 64 percent installed (Btu/h). DOE also seeks data on the shipped). DOE’s forecasted shipments outdoors.42 fraction of high-temperature freezers for WICF panels in 2020 are shown in These shipments estimates are and wine cellar refrigeration systems Table II.19 of this document. For the exclusive of single-package refrigeration that are sold as single-package, June 2014 ECS final rule, DOE did not systems, high-temperature freezers, and manufacturer matched-pair or split include panels and non-display doors wine cellar refrigeration systems systems. Additionally, DOE requests that were installed outdoors its analysis.

TABLE II.19—ESTIMATED PANEL SHIPMENTS, 2020 [Million ft2]

Utility Temperature Shipments (million ft2)

Wall Panels ...... Medium ...... 74

41 www.regulations.gov/document?D=EERE-2015- 43 U.S. Department of Energy—Energy 44 U.S. Department of Energy—Energy BT-STD-0016-0029, WICF Refrigeration Equipment Information Administration. Commercial Buildings Information Administration. Commercial Buildings Shipment Data—10212015. Energy Consumption Survey 1999. Washington, DC. Energy Consumption Survey 2003. Washington, DC. 42 See Chapter 9 of the TSD for the July 2017 ECS 45 See Chapter 9 TSD for the June 2014 ECS final final rule. Docket EERE–2015–BT–STD–0016–0099. rule. Docket EERE–2008–BT–STD–0015–0131.

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TABLE II.19—ESTIMATED PANEL SHIPMENTS, 2020—Continued [Million ft2]

Utility Temperature Shipments (million ft2)

Wall Panels ...... Low ...... 27 Floor Panels ...... Low ...... 8

For display and non-display (freight • 67 percent of passage doors DOE’s forecasted shipments for WICF and passage) doors, the CBECS data shipments were medium-temperature doors in 2020 are shown in Table II.20. show that: and 33 percent were low-temperature; For the June 2014 ECS final rule DOE • 92 percent of display doors and assumed that all doors were installed • shipments were medium-temperature 65 percent of freight doors indoors. with low-temperature making up the shipments were medium-temperature remaining 8 percent; and 35 percent were low-temperature.

TABLE II.20—ESTIMATED DOOR SHIPMENTS, 2020 [Units]

Shipments Utility Temperature (units)

Display Door ...... Medium ...... 325,869 Display Door ...... Low ...... 26,751 Passage Door ...... Medium ...... 328,103 Passage Door ...... Low ...... 161,848 Freight Door ...... Medium ...... 19,477 Freight Door ...... Low ...... 10,529

These shipments estimates are conservation standards are warranted restricted by statute, such as trade exclusive of display panels described in for walk-in coolers and freezers. secrets and commercial or financial section II.A.1 of this document. Submitting comments via information (hereinafter referred to as Issue 43: DOE requests data on the www.regulations.gov. The Confidential Business Information fraction of low-temperature and www.regulations.gov web page requires (‘‘CBI’’)). Comments submitted through medium-temperature panels that are you to provide your name and contact www.regulations.gov cannot be claimed installed outdoors versus indoors. information. Your contact information as CBI. Comments received through the Additionally, DOE requests data on the will be viewable to DOE Building website will waive any CBI claims for fraction of low-temperature and Technologies staff only. Your contact the information submitted. For medium-temperature freight and information will not be publicly information on submitting CBI, see the passage doors that are installed outdoors viewable except for your first and last Confidential Business Information versus indoors. names, organization name (if any), and section. submitter representative name (if any). DOE processes submissions made Issue 44: DOE seeks input from If your comment is not processed through www.regulations.gov before stakeholders on whether the shipments properly because of technical posting. Normally, comments will be shown for panels and doors reflect the difficulties, DOE will use this posted within a few days of being state of the current market. Further, information to contact you. If DOE submitted. However, if large volumes of DOE seeks data on the annual cannot read your comment due to comments are being processed shipments, in terms of units shipped, of technical difficulties and cannot contact simultaneously, your comment may not low-temperature and medium- you for clarification, DOE may not be be viewable for up to several weeks. temperature display panels described in able to consider your comment. Please keep the comment tracking section II.A.1 of this document. However, your contact information number that www.regulations.gov Issue 45: DOE also requests specific will be publicly viewable if you include provides after you have successfully information on high-humidity medium- it in the comment or in any documents uploaded your comment. temperature display door shipments attached to your comment. Any Submitting comments via email. (see section II.C.1.a of this document) information that you do not want to be Comments and documents submitted and their fraction of annual display door publicly viewable should not be via email also will be posted to shipments. included in your comment, nor in any www.regulations.gov. If you do not want III. Submission of Comments document attached to your comment. If your personal contact information to be this instruction is followed, persons publicly viewable, do not include it in DOE invites all interested parties to viewing comments will see only first your comment or any accompanying submit in writing by the date under the and last names, organization names, documents. Instead, provide your DATES heading, comments and correspondence containing comments, contact information in a cover letter. information on matters addressed in this and any documents submitted with the Include your first and last names, email notification and on other matters comments. address, telephone number, and relevant to DOE’s early assessment of Do not submit to www.regulations.gov optional mailing address. The cover whether more-stringent energy information for which disclosure is letter will not be publicly viewable as

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long as it does not include any IV. Issues on Which DOE Seeks operation of such equipment that would comments. Comment influence run-time hours. Issue 6: DOE seeks input and data on Include contact information each time Although DOE welcomes comments the appropriate PTO values for display you submit comments, data, documents, on any aspect of this proposal, DOE is doors that would be exposed to higher and other information to DOE. Faxes particularly interested in receiving levels of humidity. Specifically, DOE will not be accepted. comments and views of interested requests information on high-humidity Comments, data, and other parties concerning the following issues: walk-in cooler doors, including the information submitted to DOE Issue 1: DOE seeks information range of typical installation conditions electronically should be provided in regarding the thermal transmission (e.g., relative humidity throughout the PDF (preferred), Microsoft Word or through display panels and design year in store). DOE also requests data on Excel, WordPerfect, or text (ASCII) file characteristics which would affect the the average amount of time per day or format. Provide documents that are not thermal transmission, specifically, per year that anti-sweat heaters with secured, written in English, and free of ‘‘glass pack’’ design and frame design. timers, control systems, or demand- any defects or viruses. Documents DOE also seeks information regarding based controls are operating at their full should not contain special characters or the amount of direct electrical energy power and partial power (if applicable) any form of encryption and, if possible, consumption of electricity-consuming they should carry the electronic for walk-in cooler display doors devices sited on or within display marketed for high-humidity signature of the author. panels, including the amount of anti- Campaign form letters. Please submit applications. sweat heat required, if any. DOE Issue 7: DOE seeks input on whether campaign form letters by the originating additionally requests information on the combined safety and capacity organization in batches of between 50 to any specific design or use mismatch oversizing factors for 500 form letters per PDF or as one form characteristics differentiating display adjusting daily nominal run-time hours letter with a list of supporters’ names panels from display doors. relied on in the June 2014 ECS final rule compiled into one or more PDFs. This Issue 2: DOE requests comment on (1) and the July 2017 ECS final rule are reduces comment processing and whether there are medium-temperature appropriate for single-package posting time. refrigeration system models that are refrigeration systems, high-temperature Confidential Business Information. used exclusively in high temperature freezers, and wine cellars as described Pursuant to 10 CFR 1004.11, any person freezers, and (2) if a medium- in sections II.A.2 through II.A.4 of this submitting information that he or she temperature refrigeration system is document. If different factors would be believes to be confidential and exempt efficient for cooler applications, will it appropriate for such equipment, DOE by law from public disclosure should also be efficient for use in high- requests data in support of alternate submit via email two well-marked temperature freezer applications. To the assumptions. copies: One copy of the document extent available, DOE requests data on Issue 8: DOE seeks data and marked ‘‘confidential’’ including all the dedicated condensing unit energy information regarding the current, and information believed to be confidential, efficiency ratio (‘‘EER’’) at both high- projected future market shares of WICF and one copy of the document marked temperature freezer and medium- equipment by efficiency level (e.g., ‘‘non-confidential’’ with the information temperature refrigeration operation. expressed in terms of increments of 10 believed to be confidential deleted. DOE Issue 3: DOE requests data and percent improvement in AWEF, R- will make its own determination about information on the impact of single- values, and kWh/day for refrigeration the confidential status of the package system design limitations on systems, panels, and doors, respectively, information and treat it according to its efficiency and how single-package above or below the existing standards in determination. systems differ from split systems. DOE 10 CFR 431.306) to establish market It is DOE’s policy that all comments additionally requests information trends in equipment efficiency over may be included in the public docket, showing the trend of efficiency as a time. DOE also seeks information on without change and as received, function of capacity for single-package how the current regulatory environment including any personal information refrigeration systems. has affected the market share of WICF provided in the comments (except Issue 4: DOE seeks information on equipment by efficiency rating. information deemed to be exempt from how trends in wine cellar installations Issue 9: DOE seeks information on public disclosure). (e.g., commercial vs. residential, square how the physical construction of a DOE considers public participation to footage, etc.) are expected to impact the display door, including the glass pack be a very important part of the process type of refrigeration system (i.e., single- and the frame, impact the amount of for developing test procedures and package, matched-pair, dedicated anti-sweat heater wire power needed to energy conservation standards. DOE condensing unit, or unit cooler system) prevent condensation accumulating on actively encourages the participation used in wine cellars over the next 5 to any part of the door. Specifically, DOE and interaction of the public during the 10 years. Additionally, DOE requests seeks quantitative data, if available, on comment period in each stage of this information and data on the extent to the change in anti-sweat heater power process. Interactions with and between which capacity may impact the (1) with a specific change in door frame members of the public provide a efficiency of wine cellar refrigeration design but no change in glass pack balanced discussion of the issues and systems. design, (2) with a specific change in assist DOE in the process. Anyone who Issue 5: DOE seeks input and data as glass pack design but no change in door wishes to be added to the DOE mailing to the daily run-time hours, sizing frame design, and/or (3) with specific list to receive future notices and practice, and ambient conditions for the changes to the entire assembly. If there information about this process should following: single-package refrigeration are specific design choices which are contact Appliance and Equipment systems, high-temperature freezers, and more costly but result in less or no anti- Standards Program staff at (202) 287– wine cellars described in sections II.A.2 sweat heat, DOE requests cost data 1445 or via email at through II.A.4 of this document. DOE based on the capability of the door to ApplianceStandardsQuestions@ also requests information and data prevent condensation from forming and ee.doe.gov. regarding any other aspects of the the respective design options chosen.

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DOE also requests comment on any Issue 15: DOE requests comment on DOE seeks information on those features other considerations which may impact whether 6 inches is an appropriate and how they impact refrigeration the use and power of anti-sweat heaters. upper limit for screening out insulation system performance. Issue 10: DOE seeks specific data and thickness for panels and doors. For Issue 20: DOE requests comment on information on the correlation between manufacturers that produce and certify which of the technology options listed relative humidity conditions at panels with insulation thicknesses in Table II.12 and Table II.13 of this installation and the anti-sweat heater exceeding 6 inches, DOE requests document are available and used in power needed to prevent condensation feedback on what manufacturing single-package refrigeration systems. from accumulating on a walk-in door. investments have been made to do so. DOE also requests comment on whether Issue 11: DOE requests comment on For manufacturers that do not produce there are other technologies that apply the differences in design, typical panels with insulation thicknesses to single-package refrigeration systems conditions, and usage of a walk-in exceeding 6 inches, DOE requests not mentioned in Table II.12 or Table display door as compared to a display feedback on the obstacles preventing II.13 of this document. Additionally, door for commercial refrigeration them from increasing panel thickness. DOE requests comment on which equipment which result in commercial Issue 16: DOE requests feedback on technology options are feasible for refrigeration equipment door designs the representative units for display dedicated condensing systems and unit with no anti-sweat heaters. doors used for the 2014 ECS final rule coolers but may not be feasible for Issue 12: DOE seeks specific data and engineering analysis and whether multi- single-packaged refrigeration systems information on how the physical door configurations should be included due to structural design constraints. Issue 21: DOE requests comment on construction of both passage and freight as representative units. If so, DOE seeks which of the technology options listed doors impact the amount of anti-sweat comment on panel size and the number in Table II.12 and Table II.13 of this heater wire power needed to prevent of panels that would be most document are available and used in condensation accumulation on any part representative for multi-door wine cellar refrigeration systems. DOE of the door. DOE requests specific configurations. Additionally, DOE seeks also seeks information on whether there comment on any technologies that may specific data on the appropriate number are additional technologies that apply to reduce or eliminate the need for anti- of door openings and door sizes to consider and the additional electrical wine cellar refrigeration systems that are sweat heat on passage or freight doors. component power (e.g., anti-sweat not mentioned in Table II.12 or Table DOE also requests door design heater power, lighting, etc.) required for II.13 of this document. Additionally, information and data that explain why each additional door opening. DOE is DOE requests comment on the specific many passage and freight doors are able also interested in any other differences design constraints for wine cellar to perform without any anti-sweat between single-door and multi-door refrigeration systems and how these heater power in the field but some configurations that would impact energy constraints may impact the use of doors, specifically low-temperature use. certain technology options. passage and freight doors, still require Issue 17: DOE seeks comment on the Issue 22: DOE seeks information on anti-sweat power that is greater than appropriateness of the representative the availability of multiple-capacity or that required for display doors to units chosen for the previous analysis of variable-capacity compressors in the prevent condensation accumulation. passage and freight doors. DOE requests current market. DOE is also interested in Issue 13: DOE requests comment on specific feedback on what the minimum any end-user requirements that may the prevalence of vacuum-insulated and maximum sizes of both passage and restrict the use of, or reduce the glass for walk-in doors and whether freight doors are and if there are other potential benefits of, multi- or variable- other manufacturers are considering attributes besides size which capacity compressors in the field. adopting this technology. DOE requests differentiate passage doors from freight Issue 23: DOE requests comment on specific feedback on any obstacles or doors and vice versa. the relative efficiency difference concerns (e.g., patents, proprietary use, Issue 18: DOE seeks comment on the between scroll and semi-hermetic durability, practicability to prevalence of motorized door openers compressors in the range of capacities in manufacture, etc.) which would prevent for both display and non-display doors. which both are available. DOE also manufacturers from using vacuum- DOE requests specific feedback on the requests comment on other design insulated glass in walk-in doors. DOE prevalence of motorized door openers parameters that would lead a also requests cost data for implementing by equipment class, the minimum door manufacturer to select a certain vacuum-insulated glass in walk-in size that might have a motorized door compressor design over another and display doors. opener, the percentage of doors sold would represent potential utility Issue 14: DOE requests feedback on which typically include a motorized differences of different compressor what impact, if any, DOE’s screening door opener, and any data relating designs, specifically, (1) compressor criteria (technological feasibility; power of a motorized door opener to weight relative to the final equipment practicability to manufacture, install, door size. weight and its impact on equipment and service; adverse impacts on product Issue 19: DOE requests comment on shipping, installation, and end-use; (2) utility or product availability; adverse whether there are technology options or compressor durability, equipment impacts on health or safety; and unique- other design features that would be warranty, and equipment lifetime; and pathway proprietary technologies) unique to high-temperature freezer (3) any other relevant differences. would have on each of the technology refrigeration systems (i.e., medium- Issue 24: DOE seeks information on options listed in Table II.6, Table II.7, temperature systems operating at a the availability and efficiencies of and Table II.8 of this document. DOE temperature between 10 °F to 32 °F) as single-speed compressors (e.g., scroll also seeks information regarding how compared to technology options or compressors, rotary compressors, semi- these same criteria would affect any design features for medium-temperature hermetic compressors) that were not other technology options not already refrigeration systems operating at above- available or were not considered in the identified in this document with respect freezing (cooler) temperatures. If high- analysis during the rulemaking finalized to their potential use in walk-in doors temperature freezer refrigeration in 2017. Additionally, DOE is interested and panels. systems have certain unique features, in understanding the availability of

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rotary compressors for use in single- limits or safety standards (e.g., analysis of dedicated condensing units package and wine cellar refrigeration standards issued by Underwriter’s or in its analysis of unit coolers. DOE systems. Laboratory) would restrict the use of additionally requests comment on how Issue 25: DOE seeks comment on the non-traditional (e.g., hydrocarbon) the screening results summarized in prevalence of the use of crankcase refrigerants in walk-in refrigeration Table II.14 may have changed for heater controls for walk-in refrigeration systems. Finally, DOE requests adaptive defrost, such that the systems. Additionally, DOE requests comment on any additional design approaches used in the prior rulemaking information on what type of crankcase changes or safety measures that may be analyses may no longer be appropriate. heater controls are considered viable, necessary for WICFs to incorporate non- Issue 32: DOE requests stakeholder and what application circumstances traditional (e.g., hydrocarbon) feedback on how to address hot gas would make certain control approaches refrigerants. defrost in a future rulemaking. inappropriate e.g., by unacceptably Issue 29: DOE seeks comment on if 4 Specifically, DOE is interested in data increasing the chance of compressor fins per inch and 6 fins per inch for low- that support whether DOE should failure. and medium-temperature unit coolers, continue to screen hot gas defrost from Issue 26: DOE seeks information on respectively, are still appropriate to use its engineering analysis, and if not, DOE the potential for improved thermal in its engineering analysis given the is interested in understanding whether insulation and sealing of air leaks to number of certified models at each hot gas defrost functionality and cost improve the efficiency of single-package operating temperature that do not meet burden should be included in its refrigeration systems. Specifically, DOE these specifications—and if not, which analysis of dedicated condensing units is interested in data on the range of fin configuration(s) should DOE use for or in its analysis of unit coolers. DOE typical insulation thickness used in its analysis? DOE also requests additionally requests comment on how single-package systems to insulate the information and data on the potential the screening results presented in Table indoor portion, in addition to the impact on defrost frequency and/or II.14 of this document have changed for insulation materials that are typically daily energy use contributions for low- hot gas defrost, such that the approaches used. Additionally, DOE requests temperature unit coolers with more than used in the prior rulemaking analyses information on the processes and 4 fins per inch and for medium- may no longer be appropriate. materials that manufacturers utilize to temperature unit coolers with more than Issue 33: DOE seeks comment on ensure airtight enclosures. DOE is also 6 fins per inch used in high-temperature whether the representative minimum interested in understanding the quality freezer applications (i.e., freezers with and maximum capacities listed in Table control processes manufacturers have in an interior temperature range from 10 °F II.15 of this document are appropriate place to ensure that airtight units are to 32 °F). Finally, DOE requests for walk-ins of 3,000 square feet or less. released to the market. comment on whether the number of fins Specifically, DOE is interested in Issue 27: DOE requests comment and per inch would be different for medium- whether the highest capacities listed for data to support whether it should temperature unit coolers used for each equipment class in Table II.15 of include refrigerant as a design option in medium-temperature versus high- this document appropriately represent its engineering analysis for walk-in temperature freezer applications. If the walk-ins within the scope of DOE’s refrigeration systems. DOE also requests number of fins per inch would differ, energy conservation standards (and/or information on the availability and DOE seeks data to support a sufficiently representative of models up relative utility of R–452A, R–407C, and representative number of fins per inch to the largest capacities). If the highest R–407F compared to R–407A and for medium-temperature unit coolers capacities listed for each equipment R–448A/R–449A for use in walk-in used in high-temperature freezer class in Table II.15 of this document are dedicated condensing units and single- applications. not representative, DOE requests data package systems. Additionally, DOE is Issue 30: DOE requests feedback on and supporting information as to why interested in understanding the what impact, if any, DOE’s screening they are not representative, and what availability and relative utility of criteria (technological feasibility; appropriate maximum capacities for R–450A, R–513A/R–513B, and R–515A practicability to manufacture, install, each equipment class would be. compared to R–134A for wine cellar and service; adverse impacts on product Issue 34: DOE seeks comment on the walk-in refrigeration systems. DOE is utility or product availability; adverse appropriateness of the compressor types also interested in understanding what impacts on health or safety; and unique- associated with each representative domestic and international activities pathway proprietary technologies) unit. Specifically, DOE seeks data on the may be driving trends in the market would have on each of the technology respective ranges of refrigeration system adoption of low GWP refrigerants. options listed in Table II.12 or Table capacities for which each compressor Issue 28: DOE requests information on II.13 of this document. Similarly, DOE type (scroll, hermetic, and semi- the availability of specific non- seeks information regarding how these hermetic) may realistically be used. traditional (e.g., hydrocarbon) same criteria would affect any other Further, DOE seeks comment on if there refrigerants for use in dedicated technology options not already are refrigeration system capacity ranges condensing unit, unit cooler, single- identified in this document with respect for which multiple types of compressors package, and wine cellar walk-in to their potential use in walk-in may be used. refrigeration systems. DOE is interested refrigeration systems. Issue 35: DOE requests comment on in understanding what domestic and Issue 31: DOE requests stakeholder appropriate representative capacities for international activities may be driving feedback on how to address adaptive single-package refrigeration systems. trends in market adoption of non- defrost in a future rulemaking. Specifically, DOE requests data on the traditional (e.g., hydrocarbon) Specifically, DOE is interested in data availability and prevalence of single- refrigerants. DOE also seeks comment that support whether DOE should package units sized between 17,000 Btu/ on whether and how the availability of continue to screen adaptive defrost from h and 29,000 Btu/h, and whether DOE higher-efficiency compressors might be its engineering analysis, and if not, DOE should consider including a impacted by the use of non-traditional is interested in understanding whether representative single-packaged (e.g., hydrocarbon) refrigerants. DOE adaptive defrost functionality and cost refrigeration system with capacity in requests information on whether charge burden should be included in its this range.

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Issue 36: DOE requests comment on if distribution of rated capacities of each DEPARTMENT OF ENERGY the capacity, AWEF, condenser fan (Btu/h). DOE also seeks data on the power, and compressor types provided fraction of high-temperature freezers 10 CFR Part 431 by AHRI are representative of the and wine cellar refrigeration systems [EERE–2017–BT–STD–0007] market for single-package and matched- that are sold as single-package, pair wine cellar refrigeration systems. manufacturer matched-pair or split RIN 1904–AD82 DOE also seeks information on the systems. Additionally, DOE requests Energy Conservation Program: Energy availability and prevalence of wine data on the relative market size of Conservation Standards for Certain cellar refrigeration systems between refrigeration systems used in high Commercial and Industrial Equipment; 13,000 and 18,000 Btu/h for walk-in temperature freezers compared to the Early Assessment Review; Commercial wine cellars with a square footage of refrigeration system market sizes for Refrigerators, Freezers, and 3,000 square feet or less. cooler applications (i.e., temperature Refrigerator-Freezers Issue 37: DOE seeks comment on greater than 32 °F) and low-temperature whether the distribution channels used (e.g., less than or equal to ¥10 °F) AGENCY: Office of Energy Efficiency and in the June 2014 ECS final rule and July freezer applications. Renewable Energy, Department of 2017 ECS final rule (as depicted in Issue 43: DOE requests data on the Energy. Table II.16) remain relevant today, and fraction of low-temperature and ACTION: Request for information. if not, DOE requests information on medium-temperature panels that are these channels as well as the existence installed outdoors versus indoors. SUMMARY: The U.S. Department of of any additional channels that are used Additionally, DOE requests data on the Energy (‘‘DOE’’ or ‘‘the Department’’) is to distribute walk-in components into fraction of low-temperature and undertaking an early assessment review the market. Additionally, DOE requests medium-temperature freight and for amended energy conservation comment on the appropriateness of passage doors that are installed outdoors standards for commercial refrigerators, these channels, and their respective versus indoors. freezers, and refrigerator-freezers fractions for the following equipment: Issue 44: DOE seeks input from (‘‘CRE’’) to determine whether to amend display-panels, high-temperature stakeholders on whether the shipments applicable energy conservation freezers, single-package refrigeration shown for panels and doors reflect the standards for this equipment. systems, and wine cellars as described state of the current market. Further, Specifically, through this request for in sections II.A.1 through II.A.4 of this DOE seeks data on the annual information (‘‘RFI’’), DOE seeks data document. shipments, in terms of units shipped, of and information to evaluate whether Issue 38: DOE seeks comment on its low-temperature and medium- amended energy conservation standards estimated equipment lifetime for WICF temperature display panels described in would result in significant savings of refrigeration system and envelope section II.A.1 of this document. energy; be technologically feasible; and components. Specifically, DOE requests Issue 45: DOE also requests specific be economically justified. DOE data on appropriate average lifetimes information on high-humidity medium- welcomes written comments from the that DOE’s analyses should use for: temperature display door shipments public on any subject within the scope Display-panels, high-temperature (see section II.C.1.a of this document) of this document (including those topics freezers, single-package refrigeration and their fraction of annual display door not specifically raised in this RFI), as systems, and wine cellars as described shipments. well as the submission of data and other in sections II.A.1 through II.A.4 of this relevant information concerning this document. Signing Authority early assessment review. Issue 39: DOE requests comment on This document of the Department of DATES: its assumption that the market share of Energy was signed on July 7, 2021, by Written comments and shipments for each equipment class Kelly Speakes-Backman, Principal information are requested and will be would remain constant over time. Deputy Assistant Secretary and Acting accepted on or before August 30, 2021. Issue 40: DOE seeks input from Assistant Secretary for Energy Efficiency ADDRESSES: Interested persons are stakeholders on whether the shipments and Renewable Energy, pursuant to encouraged to submit comments using shown for low-temperature dedicated delegated authority from the Secretary the Federal eRulemaking Portal at condensing equipment and unit coolers of Energy. That document with the https://www.regulations.gov. Follow the are still relevant. Further, DOE seeks original signature and date is instructions for submitting comments. data on the annual shipments of low- maintained by DOE. For administrative Alternatively, interested persons may temperature single-package refrigeration purposes only, and in compliance with submit comments, identified by docket systems (see section II.A.3 of this requirements of the Office of the Federal number [EERE–2017–BT–STD–0007], by document) and the distribution of rated Register, the undersigned DOE Federal any of the following methods: capacities as shown in Table II.15 of this Register Liaison Officer has been 1. Federal eRulemaking Portal: document. authorized to sign and submit the https://www.regulations.gov. Follow the Issue 41: DOE seeks input from document in electronic format for instructions for submitting comments. stakeholders on whether the shipments publication, as an official document of 2. Email: to CRE2017STD0007@ shown for medium-temperature the Department of Energy. This ee.doe.gov. Include docket number condensing equipment and unit coolers administrative process in no way alters [EERE–2017–BT–STD–0007] in the reflect the state of the current market. the legal effect of this document upon subject line of the message. Issue 42: DOE seeks data on the publication in the Federal Register. No telefacsimilies (faxes) will be annual shipments of medium- accepted. For detailed instructions on temperature single-package refrigeration Signed in Washington, DC, on July 8, 2021. submitting comments and additional systems (see section II.A.3 of this Treena V. Garrett, information on this process, see section document), high-temperature freezers Federal Register Liaison Officer, U.S. III of this document. (see section II.A.2 of this document) and Department of Energy. Although DOE has routinely accepted wine cellar refrigeration systems (see [FR Doc. 2021–14902 Filed 7–15–21; 8:45 am] public comment submissions through a section II.A.4 of this document) and the BILLING CODE 6450–01–P variety of mechanisms, including postal

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mail and hand delivery/courier, the A. Authority Industrial Equipment, which sets forth a Department has found it necessary to B. Rulemaking History variety of provisions designed to make temporary modifications to the II. Request for Information improve energy efficiency. This A. Scope of Coverage and Equipment comment submission process in light of Classes equipment includes CRE, the subject of the ongoing Covid–19 pandemic. DOE is 1. Equipment Classes this document. (42 U.S.C. 6311(1)(E)) currently suspending receipt of public 2. Potential New Equipment Categories Under EPCA, DOE’s energy comments via postal mail and hand B. Significant Savings of Energy conservation program consists delivery/courier. If a commenter finds 1. Shipments essentially of four parts: (1) Testing, (2) that this change poses an undue 2. National Energy Savings labeling, (3) Federal energy conservation hardship, please contact Appliance C. Technological Feasibility standards, and (4) certification and Standards Program staff at (202) 586– 1. Technology Options 2. Screening Analysis enforcement procedures. Relevant 1445 to discuss the need for alternative 3. Engineering Efficiency Analysis provisions of EPCA include definitions arrangements. Once the Covid–19 D. Economic Justification (42 U.S.C. 6311), test procedures (42 pandemic health emergency is resolved, 1. Engineering Cost Analysis U.S.C. 6314), labeling provisions (42 DOE anticipates resuming all of its 2. Markups Analysis & Distribution U.S.C. 6315), energy conservation regular options for public comment Channels standards (42 U.S.C. 6313), and the submission, including postal mail and 3. Life-Cycle Cost and Payback Period authority to require information and hand delivery/courier. Analysis reports from manufacturers (42 U.S.C. Docket: The docket for this activity, 4. Net Present Value 5. Manufacturer Impact Analysis 6316). which includes Federal Register III. Submission of Comments Federal energy efficiency notices, comments, and other requirements for covered equipment supporting documents/materials, is I. Introduction established under EPCA generally available for review at https:// DOE has established an early supersede State laws and regulations www.regulations.gov. All documents in assessment review process to conduct a concerning energy conservation testing, the docket are listed in the https:// more focused analysis to evaluate, based labeling, and standards. (42 U.S.C. www.regulations.gov index. However, on statutory criteria, whether a new or 6316(a) and (b); 42 U.S.C. 6297) DOE some documents listed in the index, amended energy conservation standard may, however, grant waivers of Federal such as those containing information is warranted. Based on the information preemption in limited instances for that is exempt from public disclosure, received in response to the RFI and particular State laws or regulations, in may not be publicly available. DOE’s own analysis, DOE will accordance with the procedures and The docket web page can be found at: determine whether to proceed with a other provisions set forth under 42 https://www.regulations.gov/ rulemaking for a new or amended U.S.C. 6316(a) and (e) (applying the #!docketDetail;D=EERE-2017-BT-STD- energy conservation standard. If DOE preemption waiver provisions of 42 0007. The docket web page contains makes an initial determination that a U.S.C. 6297)). instructions on how to access all new or amended energy conservation EPCA prescribes energy conservation documents, including public comments, standard would satisfy the applicable standards for CRE and directs DOE to in the docket. See section III for statutory criteria or DOE’s analysis is conduct rulemakings to establish new information on how to submit inconclusive, DOE would undertake the and amended standards. (42 U.S.C. comments through https:// preliminary stages of a rulemaking to 6313(c)(2)–(6)) DOE must follow www.regulations.gov. issue a new or amended energy specific statutory criteria for prescribing FOR FURTHER INFORMATION CONTACT: Dr. conservation standard. If DOE makes an new or amended standards for covered Stephanie Johnson, U.S. Department of initial determination based upon equipment. EPCA requires that any new Energy, Office of Energy Efficiency and available evidence that a new or or amended energy conservation Renewable Energy, Building amended energy conservation standard standard prescribed by the Secretary of Technologies Office, EE–5B, 1000 would not meet the applicable statutory Energy (‘‘Secretary’’) be designed to Independence Avenue SW, Washington, criteria, DOE would engage in notice achieve the maximum improvement in DC 20585–0121. Telephone: (202) 287– and comment rulemaking before issuing energy or water efficiency that is 1943. Email: a final determination that new or technologically feasible and ApplianceStandardsQuestions@ amended energy conservation standards economically justified. (42 U.S.C. ee.doe.gov. are not warranted. 6316(e)(1); 42 U.S.C. 6295(o)(2)(A)) The Peter Cochran, U.S. Department of Secretary may not prescribe an amended A. Authority Energy, Office of the General Counsel, or new standard that will not result in GC–33, 1000 Independence Avenue SW, The Energy Policy and Conservation significant conservation of energy, or is Washington, DC 20585–0121. Act, as amended (‘‘EPCA’’),1 among not technologically feasible or Telephone: (202) 586–9496. Email: other things, authorizes DOE to regulate economically justified. (42 U.S.C. [email protected]. the energy efficiency of a number of 6316(a); 42 U.S.C. 6295(o)(3)) For further information on how to consumer products and certain EPCA also requires that, not later than submit a comment or review other industrial equipment. (42 U.S.C. 6291– 6 years after the issuance of any final public comments and the docket, 6317) Title III, Part C 2 of EPCA, added rule establishing or amending a contact the Appliance and Equipment by Public Law 95–619, Title IV, section standard, DOE evaluate the energy Standards Program staff at (202) 287– 441(a) (42 U.S.C. 6311–6317, as conservation standards for each type of 1445 or by email: codified), established the Energy covered equipment, including those at ApplianceStandardsQuestions@ Conservation Program for Certain issue here, and publish either a ee.doe.gov. notification of determination that the 1 All references to EPCA in this document refer SUPPLEMENTARY INFORMATION: standards do not need to be amended, to the statute as amended through the Energy Act or a NOPR that includes new proposed Table of Contents of 2020, Public Law 116–260 (Dec. 27, 2020). 2 For editorial reasons, upon codification in the energy conservation standards I. Introduction U.S. Code, Part C was redesignated Part A–1. (proceeding to a final rule, as

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appropriate). (42 U.S.C. 6316(e)(1); 42 features that justify a different standard. case (i.e., when both doors are open, the U.S.C. 6295(m)(1)) (42 U.S.C. 6316(e)(1); 42 U.S.C. 6295(q)) front and top of the case have a DOE is issuing this RFI to collect data In making a determination whether continuous opening similar to semi- and information to inform its decision capacity or another performance-related vertical open equipment). In this of whether to propose amended energy feature justifies a different standard, example, the doors do not create a flat conservation standards consistent with DOE must consider such factors as the plane, as referenced in part 1 of the door its obligations under EPCA. (42 U.S.C. utility to the consumer of such a feature angle definition, and the doors are not 6313(c)(6)(B); 42 U.S.C. 6316(e)(1); 42 and other factors DOE deems curved and do not include display glass U.S.C. 6295(m)) appropriate. Id. as referenced in part 2 of the door angle For CRE, the current energy B. Rulemaking History definition. conservation standards in 10 CFR Issue 2: DOE requests comment on Pursuant to EPCA, DOE published a 431.66 are based on 49 equipment whether it should amend the door angle final rule establishing amended classes, which are determined according definition to address CRE models with standards for CRE on March 28, 2014 to the following performance-related doors on multiple faces of the (the ‘‘March 2014 Final Rule’’), for features that provide utility to the equipment or CRE with curved solid which compliance was required as of consumer: Operating temperature doors. DOE also requests comment on March 27, 2017. 79 FR 17725. The (refrigerator, freezer, or ice cream the appropriate equipment class for current energy conservation standards freezer), presence of doors (open or such equipment, including how consist of maximum daily energy closed), door type (solid or transparent), manufacturers are currently treating consumption (‘‘MDEC’’) values as a condensing unit type (remote or self- such equipment. function of either refrigerated volume or contained), configuration (horizontal, b. Open Equipment With Doors total display area (‘‘TDA’’) and are vertical, semi-vertical, or service over located in title 10 of the Code of Federal counter), and temperature pull-down Equipment classes are also Regulations (‘‘CFR’’) part 431, subpart capability. differentiated based on whether the C.3 Issue 1: DOE requests feedback on the equipment is ‘‘open’’ (i.e., does not have doors) and the orientation of the air II. Request for Information current CRE equipment classes and whether changes to these individual curtain (horizontal open, semi-vertical DOE is publishing this RFI to collect equipment classes and their open, and vertical open). 10 CFR data and information during the early descriptions should be made or whether 431.66(e)(1). DOE has identified CRE assessment review to inform its certain classes should be merged or models that meet the open equipment decision, consistent with its obligations separated. DOE also requests comment class definitions, except that they also under EPCA, as to whether the on whether any other new equipment have doors that provide an alternate Department should proceed with an classes are appropriate. method of access to the refrigerated energy conservation standards DOE has also identified certain space. Based on a review of this rulemaking. DOE has identified certain specific topics regarding equipment equipment, the open portion of the topics for which information and data classes and definitions on which it equipment is intended for customer are requested to assist in the evaluation requests comment, as discussed in the access to the refrigerated space. The of the potential for amended energy following sections. doors are typically located at the back conservation standards. DOE also of the equipment and provide an a. Door Angle welcomes comments on other issues alternate or secondary method of access relevant to its early assessment that may DOE differentiates equipment classes, for loading product into the case. The not specifically be identified in this in part, based on whether the door angle doors are not accessible to customers document. Specifically, for any future is horizontal or vertical. 10 CFR during normal operation and may have rulemaking to consider amended energy 431.66(e)(1). Door angle refers to: (1) For a means for locking. conservation standards, DOE would equipment with flat doors, the angle Issue 3: DOE requests comment on likely follow an analysis approach between a vertical line and the line whether the open equipment definitions consistent with that used in the March formed by the plane of the door, when in 10 CFR 431.62 should be revised to 2014 Final Rule.4 DOE welcomes the equipment is viewed in cross- clarify treatment of open equipment comment on the applicability of that section; and (2) for equipment with with doors providing an alternate or analysis approach in addition to the curved doors, the angle formed between secondary method of access to the specific issues discussed in the a vertical line and the straight line refrigerated space. DOE also seeks following sections. drawn by connecting the top and bottom information on how manufacturers are points where the display area glass joins A. Scope of Coverage and Equipment currently treating such equipment. the cabinet, when the equipment is Classes viewed in cross-section. 10 CFR 431.62. c. Equipment With Pass-Through Doors 1. Equipment Classes DOE defines ‘‘horizontal closed’’ as CRE with pass-through doors are When evaluating and establishing equipment with hinged or sliding doors typically closed cases with doors on energy conservation standards, DOE and a door angle greater than or equal both the front and rear sides of the may divide equipment into equipment to 45 degrees. Id. ‘‘Vertical closed’’ refrigerated case. The current DOE CRE classes by the type of energy used, or by refers to equipment with hinged or test procedure incorporates by reference capacity or other performance-related sliding doors and a door angle less than the American Society of Heating, 45 degrees. Id. Refrigerating, and Air-Conditioning 3 The currently applicable DOE test procedures DOE has identified CRE models with Engineers (‘‘ASHRAE’’) Standard 72– for CRE appear at 10 CFR part 431, subpart C, solid doors that do not create a flat 2005 (‘‘ASHRAE 72–2005’’), ‘‘Method of Appendix B. plane. For example, a refrigerated case Testing Commercial Refrigerators and 4 The analysis conducted in support of may have one door on the front vertical Freezers’’. Section 7.2 of ASHRAE 72– developing the March 2014 Final Rule is available 2005 specifies that for ‘‘units with pass- in the Technical Support Document (‘‘TSD’’) surface and another on the top available at: https://www.regulations.gov/ horizontal surface, with the doors through doors, only the doors on one document?D=EERE-2010-BT-STD-0003-0102. connecting at the top front corner of the side of the unit shall be opened during

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the test’’. Although equipment with potential new equipment categories. 86 following topics to inform whether pass-through doors are subject to the FR 31182 (‘‘June 2021 Test Procedure potential amended energy conservation door opening requirements of ASHRAE RFI’’). If DOE were to establish test standards would result in a significant 72–2005 and would therefore have the procedures for these equipment savings of energy. same door opening sequences as non- categories, DOE requests information to pass-through CRE (i.e., only the door(s) determine how to organize this 1. Shipments on one side of the equipment would be equipment into additional equipment For the March 2014 Final Rule, DOE opened), CRE with pass-through doors classes, if necessary, when considering did not obtain shipments data from a may have a different tested energy potential energy conservation standards. single source, but used data from Issue 5: DOE requests comment on performance than comparable CRE multiple sources to estimate shipments without pass-through doors. The whether equipment capacity or any and cross-verify the data from one presence of multiple doors introduces other performance-related features for source to another. Those sources were additional potential heat leak pathways these potential new equipment 2005 shipments data provided by the to the refrigerated cabinet, which could categories would justify a different Air-Conditioning, Heating, and increase energy use. For example, pass- energy conservation standard compared through doors require additional door to other CRE currently subject to energy Refrigeration Institute (‘‘AHRI’’) as part gaskets, glass panels (for transparent conservation standards or to other of its comments on the 2006 rulemaking Framework document; 5 a CRE market equipment classes), and, in some cases, equipment within that same category. 6 anti-sweat heaters. For example, refrigerated salad bars, report by Freedonia Group, Inc.; a 2008 Issue 4: DOE requests comment and buffet tables, and preparation tables may and a 2012 market report by the North supporting data on whether pass- require separate equipment classes for American Association of Food 78 through doors are a performance-related equipment with and without Equipment Manufacturers; a 2009 feature that justifies a different energy refrigerated storage compartments. DOE DOE report prepared by Navigant 9 conservation standard than other similar also requests comment on whether the Consulting on CRE; CRE shipments 10 CRE without pass-through doors. DOE equipment characteristics delineating from ENERGY STAR; and CRE seeks data and performance information the existing CRE equipment classes saturation estimates calculated from the regarding the performance impacts of would similarly apply to these potential Energy Information Administration pass-through door models compared to new equipment categories. (‘‘EIA’’) Commercial Buildings Energy similar non-pass-through CRE. Consumption Survey (‘‘CBECS’’) for B. Significant Savings of Energy 1999 11 and 2003.12 Based on these data 2. Potential New Equipment Categories On March 28, 2014, DOE established sources, DOE developed an allocation of DOE is aware of certain equipment an energy conservation standard for CRE shipments for the 25 equipment classes that meets the CRE definition at 10 CFR that is expected to result in 2.89 (‘‘primary equipment classes’’) that were 431.62, but for which there are no quadrillion British thermal units analyzed from a total of 49 overall in the current DOE test procedures or energy (‘‘quads’’) of site energy savings over a March 2014 Final Rule. In addition, conservation standards (in the case of 30-year period. Additionally, in the considering commercial floorspace refrigerated salad bars, buffet tables, and March 2014 Final Rule, DOE estimated projections and CRE market saturations, preparation tables; additional pull-down that an energy conservation standard DOE developed an estimate of CRE temperature applications; and chef established at an energy use level shipments projections. Table II.1 shows bases or griddle stands) or for which equivalent to that achieved using the the allocation of CRE for the 25 primary new test procedures and equipment maximum available technology (‘‘max- equipment classes, expressed in linear classes may be appropriate (in the case tech’’) would have resulted in 4.21 feet of shipped units 13 and Table II.2 of high-temperature CRE and models additional quads of savings. 79 FR shows total CRE shipments between with dedicated remote condensing 17726, 17806. 2014 and 2020, as projected in the units). In a separate RFI to consider While DOE’s request for information March 2014 Final Rule. See chapter 9 of amended test procedures for CRE, DOE is not limited to the following issues, the March 2014 Final Rule TSD for requested feedback on appropriate DOE is particularly interested in details on the development of definitions and test procedures for these comment, information, and data on the shipments estimates.

TABLE II.1—PERCENT OF SHIPPED LINEAR FEET FOR CRE BY EQUIPMENT CLASS

Equipment class Percent Equipment class Percent

VOP.RC.M ...... 10.3 SVO.SC.M ...... 1.1 VOP.RC.L ...... 0.5 SOC.RC.M ...... 2.1 VOP.SC.M ...... 1.3 SOC.SC.M ...... 0.2 VCT.RC.M ...... 0.8 HZO.RC.M ...... 1.3 VCT.RC.L ...... 10.7 HZO.RC.L ...... 4.0 VCT.SC.M ...... 4.8 HZO.SC.M ...... 0.1 VCT.SC.L ...... 0.2 HZO.SC.L ...... 0.2

5 Docket No. EERE–2006–STD–0126, ARI, No. 7, 8 North American Association of Food Equipment index.cfm?c=partners.unit_shipment_data_ Exhibit B at p. 1. Manufacturers. 2012 Size and Shape of Industry. archives. 6 Freedonia Group, Inc. Commercial Refrigeration 2012. Chicago, IL. 11 Available at https://www.eia.gov/consumption/ Equipment to 2014. 2010. Cleveland, OH. Study 9 Navigant Consulting, Inc. Energy Savings commercial/data/1999/. 2261. https://www.freedoniagroup.com/ Potential and R&D Opportunities for Commercial 12 Available at https://www.eia.gov/consumption/ Commercial-Refrigeration-Equipment.html. Refrigeration. 2009. Prepared by Navigant commercial/data/2003/. Consulting, Inc. for the U.S. Department of Energy, 13 Historical linear feet of shipped units is the 7 North American Association of Food Equipment Washington, DC. figure used by industry to depict the annual amount Manufacturers. 2008 Size and Shape of Industry. 10 Energy Star. Unit Shipment and Sales Data of CRE capacity shipped, and is an alternative way 2008. Chicago, IL. Archives. Available at: https://www.energystar.gov/ to express shipments data.

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TABLE II.1—PERCENT OF SHIPPED LINEAR FEET FOR CRE BY EQUIPMENT CLASS—Continued

Equipment class Percent Equipment class Percent

VCT.SC.I ...... 0.3 HCT.SC.M ...... 0.1 VCS.SC.M ...... 25.4 HCT.SC.L ...... 0.4 VCS.SC.L ...... 15.0 HCT.SC.I ...... 0.4 VCS.SC.I ...... 0.1 HCS.SC.M ...... 4.4 SVO.RC.M ...... 8.2 HCS.SC.L ...... 0.6 PD.SC.M ...... 7.6 VOP = Vertical Open SVO = Semi-Vertical Open HZO = Horizontal Open VCT = Vertical Closed Transparent HCT = Horizontal Closed Transparent SOC = Service Over Counter PD = Pull-Down HCS = Horizontal Closed Solid VCS = Vertical Closed Solid RC = Remote Condensing SC = Self Contained M = Medium Temperature L = Low Temperature I = Ice Cream Temperature

TABLE II.2—TOTAL ESTIMATED CRE SHIPMENTS FROM 2014 TO 2020

Year 2014 2015 2016 2017 2018 2019 2020

Estimated Shipments (million units) ...... 1.01 1.03 1.06 1.11 1.16 1.21 1.26 Estimated Shipments (million linear ft.) ... 6.14 6.24 6.45 6.72 7.00 7.30 7.60

Issue 6: DOE requests annual sales national level in terms of national used a ‘‘roll-up’’ scenario. A roll-up data (in units shipped or linear feet of energy savings (‘‘NES’’) and net present scenario assumes that equipment shipped units) of CRE from 2014 to value (‘‘NPV’’, discussed in section efficiencies in the no-new-standards 2020, disaggregated by equipment class. II.D.4 of this document) of the total case, which do not meet the standard DOE also seeks feedback on how the consumer benefits. The NIA considers level under consideration, would ‘‘roll breakdowns by equipment class lifetime impacts of potential standards up’’ to meet the new efficiency standard presented in Table II.1 of this document on equipment shipped in a 30-year level. Equipment shipments at and the annual shipments estimates period that begins with the expected efficiencies above the efficiency shown in Table II.2 of this document compliance date for new and/or standard level under consideration are compare to the actual shipments in amended standards. not affected. See chapter 10 of the those years. If disaggregated shipments DOE measures savings of potential March 2014 Final Rule TSD for details data are not available at the equipment standards relative to a ‘‘no-new- on this approach. class level, DOE requests shipments standards’’ case that reflects conditions Issue 8: DOE seeks input on whether data at any broader available category. any market or technology changes Issue 7: DOE also seeks historical and without new and/or amended standards, and uses current efficiency market would warrant a different approach to current shipments data on any develop CRE efficiency trends than the additional CRE categories under shares to characterize the no-new- standards case equipment efficiency one followed in the March 2014 Final consideration for potential standards Rule. DOE requests any relevant data (i.e., refrigerated salad bars, buffet distribution. By accounting for consumers who already purchase more that could be used to project efficiency tables, and preparation tables; solid- trends for CRE. door equipment for pull-down efficient CRE, DOE avoids overstating temperature applications; chef bases or the potential benefits from potential C. Technological Feasibility standards. In the March 2014 Final griddle stands; high-temperature CRE; 1. Technology Options and CRE with dedicated remote Rule, DOE developed efficiency trends condensing units). for CRE in the no-new-standards case During the March 2014 Final Rule, and the standards cases assuming that DOE considered a number of technology 2. National Energy Savings the market would move over time to options that manufacturers could use to The purpose of the national impact adopt ENERGY STAR rated equipment. reduce energy consumption in CRE. analysis (‘‘NIA’’) is to estimate aggregate To estimate the impact that energy Table II.3 includes a complete list of impacts of potential new and/or efficiency standards would have in the those technology options considered in amended efficiency standards at the year compliance becomes required, DOE developing the March 2014 Final Rule.

TABLE II.3—TECHNOLOGY OPTIONS FOR CRE CONSIDERED IN THE DEVELOPMENT OF THE MARCH 2014 FINAL RULE

Technology option category Technology option

Lighting ...... Higher efficiency lighting (e.g., Light Emitting Diodes [LEDs]). Higher efficiency lighting ballasts. Remote lighting ballast location.

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TABLE II.3—TECHNOLOGY OPTIONS FOR CRE CONSIDERED IN THE DEVELOPMENT OF THE MARCH 2014 FINAL RULE— Continued

Technology option category Technology option

Lighting occupancy sensors. Heat Exchangers ...... Improved evaporator coil design. Improved condenser coil design (self-contained equipment only). Low-pressure differential evaporators. Liquid suction heat exchangers. Fans ...... Higher efficiency fan motors (e.g., Electronically Commutated Motors (‘‘ECM’’)). Variable-speed fan motors with controls. Higher efficiency fan blades. Defrost ...... Hot-gas defrost. Defrost cycle controls. Insulation ...... Increased insulation thickness. Vacuum insulated panels. Expansion Valves ...... Higher efficiency expansion valves. Doors ...... Improved gaskets. Inert gas fill. Low-emissivity coating. Additional glass panes. Anti-fog films. Anti-sweat heater controls. Other Technologies ...... Night Curtains. Compressors ...... Higher efficiency compressors (for self-contained equipment only).

Issue 9: DOE seeks information on the 150-gram charge limit and other safety procedure and on any additional design technologies listed in Table II.3 of this measures to address flammability. 80 FR changes or safety measures that may be document, including their applicability 19454. required for some alternative to the current market and how these A review of the market indicates that refrigerants. technologies may impact the energy use manufacturers of self-contained CRE CRE manufacturers may similarly be of CRE as measured according to the have begun transitioning to hydrocarbon transitioning from traditional foam DOE test procedure. DOE also seeks refrigerants, which have different blowing agents to alternatives, which information on how these technologies thermo-physical properties than may affect the physical properties of the may have changed since they were traditionally-used refrigerants. In foam itself, namely its ability to resist considered in the March 2014 Final considering how manufacturers would heat transfer (i.e., the R-value). These Rule analysis. Specifically, DOE seeks improve efficiencies for CRE, DOE is differences in the R-value of insulation information on the range of efficiencies interested in how equipment energy foam in turn affect the energy or performance characteristics that are consumption is affected by the ongoing performance of CRE by influencing case currently available for each technology transition to alternative refrigerants. heat load. option. Issue 12: DOE requests comment on Issue 14: DOE requests comment and Issue 10: DOE seeks information on which refrigerant(s) DOE should supporting data on the market the technologies listed in Table II.3 of consider as potential technology options penetration, costs, and thermal this document regarding their market for improving CRE efficiencies. DOE resistivities of insulation foams using adoption, costs, and any concerns with additionally requests comment and traditional and alternative blowing incorporating them into products (e.g., supporting data on the energy agents. DOE additionally requests impacts on consumer utility, potential consumption impact of this transition to comment on any potential safety safety concerns, manufacturing/ alternative refrigerants. DOE also seeks concerns, such as flammability, arising production/implementation issues, etc.), information on the availability of such from alternative foam blowing agents. particularly as to changes that may have alternative refrigerants and their Finally, DOE requests comment and occurred since the March 2014 Final applicability and/or penetration in the supporting data on any additional Rule. current market. Specifically, DOE design changes or safety measures that Issue 11: DOE seeks comment on any requests information on whether charge may be required to incorporate other technology options that it should limits or safety standards (e.g., alternative foam blowing agents in CRE. consider for inclusion in its analysis standards issued by Underwriter’s As discussed previously in this RFI, and if these technologies may impact Laboratory) would restrict their use. DOE may consider energy conservation equipment features or user utility. DOE also requests comment on any standards for refrigerated salad bars, In a final rule published on December additional design changes or safety buffet tables, and preparation tables; 20, 2011, EPA listed propane (R–290) as measures that may be required for CRE additional pull-down temperature acceptable for use in self-contained to incorporate alternative refrigerants. applications; chef bases or griddle CRE, subject to a charge limit of 150 Issue 13: DOE similarly requests stands; high-temperature CRE; and CRE grams and other appropriate safety comment on the likely alternative with dedicated remote condensing measures to address the flammability refrigerant(s) for use with remote units. The features and operation of risk. 76 FR 78832. In an April 10, 2015 condensing CRE. DOE specifically these types of equipment may introduce final rule, EPA additionally listed requests supporting data on how such a additional technology options not isobutane (R–600a) and the hydrocarbon transition would impact the energy previously considered. blend R–441A as acceptable for use in consumption of remote condensing CRE Issue 15: DOE requests comment on self-contained CRE, also subject to a as measured under the DOE test any technology options not previously

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considered for CRE, including variable-speed compressors and fan to eliminate certain technology options technology options that could be used to motors in pull-down temperature from further consideration based on the improve the energy efficiency of applications and chef bases or griddle following criteria: Technological refrigerated salad bars, buffet tables, and stands compared to the other existing feasibility; practicability to preparation tables; additional pull-down CRE equipment classes. manufacture, install, and service; temperature applications; chef bases or 2. Screening Analysis adverse impacts on product utility or griddle stands; high-temperature CRE; product availability; adverse impacts on The purpose of the screening analysis and CRE with dedicated remote health or safety; and unique-pathway is to evaluate the technologies that condensing units. DOE also seeks improve equipment efficiency to proprietary technologies. 10 CFR part information on how technology options determine which technologies will be 430, subpart C, appendix A, 6(c)(3). may have unique efficiency impacts on eliminated from further consideration Table II.4 summarizes the technology these equipment categories. For and which will be passed to the options that DOE screened out in the example, there may be greater energy engineering analysis for further March 2014 Final Rule, and the savings potential associated with consideration. DOE determines whether applicable screening criteria.

TABLE II.4—PREVIOUSLY SCREENED OUT TECHNOLOGY OPTIONS FROM THE MARCH 2014 FINAL RULE

EPCA criteria (X = basis for screening out) Does not reduce Screened technology option Practicability to Adverse impacts energy Technological manufacture, Adverse impact consumption feasibility install, and on product utility on health and measured by the service safety DOE test procedure

Higher Efficiency Expansion Valves ...... X Variable Speed Condenser Fans and Condenser X Fan Motor Controllers. Anti-Sweat Heater Controllers ...... X Liquid Suction Heat Exchangers ...... X X Air Curtain Design ...... X

Issue 16: DOE requests feedback on and the Nation, as described further in applications, chef bases or griddle what impact, if any, the screening section II.D of this document. stands, and current energy conservation criteria described in this section would As discussed, the current energy standards are not specific to high- have on each of the technology options conservation standard for each CRE temperature CRE and CRE with listed in Table II.3 of this document equipment class is based on MDEC in dedicated remote condensing units, with respect to CRE. Similarly, DOE kWh/day determined according to an DOE is interested in data that would seeks information regarding how these equation using the equipment’s chilled allow the development of a baseline same criteria would affect any other volume (‘‘V’’) in cubic feet (‘‘ft3’’), or its efficiency levels for these equipment technology options not already TDA in square feet (‘‘ft2’’). The current categories (and any applicable identified in this document with respect standards for CRE are found at 10 CFR equipment classes). to their potential use in CRE. 431.62. Although existing CRE energy Issue 17: With respect to the screened Issue 18: DOE requests feedback on conservation standards are based on out technology options listed in Table whether the current established energy either the chilled volume or TDA for a II.4 of this document, DOE seeks conservation standards for CRE are CRE model, for these newly considered information on whether these options appropriate baseline efficiency levels for equipment categories, other parameters would, based on current and projected the existing equipment classes. DOE may be more appropriate as the basis for assessments regarding each of them, further requests comment on whether an equation representing how the remain screened out under the the existing energy conservation maximum allowable daily energy screening criteria described in this standards are based on the appropriate consumption varies with equipment section. With respect to each of these normalization metric (i.e., TDA or size and application. For example, for technology options, what steps, if any, volume) for the existing equipment refrigerated salad bars, buffet tables, and could be (or have already been) taken to classes. preparation tables, pan volume or facilitate the introduction of each option As mentioned in section II.A.2 of this surface area (possibly in addition to the as a means to improve the energy RFI, DOE is evaluating whether to chilled volume of any refrigerated performance of CRE and the potential to develop test procedures for refrigerated compartments that are not thermally impact consumer utility of the CRE. salad bars, buffet tables, and preparation separate from the pans) may be the buffet tables; solid-doored equipment appropriate capacity metric. Similarly, 3. Engineering Efficiency Analysis for pull-down applications; chef bases for solid-doored equipment for pull- The engineering analysis estimates or griddle stands; high-temperature down applications, product capacity the cost-efficiency relationship of CRE; and CRE with dedicated remote may be the relevant metric. equipment at different levels of condensing units. As no energy Issue 19: DOE requests comment on increased energy efficiency (‘‘efficiency conservation standards currently exist appropriate parameters to use as the levels’’). This relationship serves as the for refrigerated salad bars, buffet tables, basis for efficiency levels to represent basis for the cost-benefit calculations for and preparation buffet tables, solid- potential energy conservation standards commercial consumers, manufacturers, doored equipment for pull-down for refrigerated salad bars, buffet tables,

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and preparation tables. DOE similarly better than the max-tech considered in with dedicated remote condensing seeks information on appropriate the March 2014 Final Rule analysis. units, as well as other potential parameters to use in developing Issue 22: DOE also seeks information equipment classes not currently subject efficiency levels for solid-door on the maximum-available efficiencies to a standard. equipment for pull-down applications, for the CRE for which there are no D. Economic Justification chef bases or griddle stands, high- specific DOE energy conservation temperature CRE, and CRE with standards, and for which DOE does not In determining whether a proposed dedicated remote condensing units. have manufacturer-submitted efficiency energy conservation standard is Issue 20: DOE requests data information (i.e., refrigerated salad bars, economically justified, DOE analyzes, describing the energy consumption, and buffet tables, and preparation tables; among other things, the potential storage and/or display capacity of solid-door equipment for pull-down economic impact on consumers, refrigerated salad bars, buffet tables, and applications; chef bases or griddle manufacturers, and the Nation. DOE preparation tables; solid-door stands; high-temperature CRE; and CRE seeks comment on whether there are equipment for pull-down applications; with dedicated remote condensing economic barriers to the adoption of chef bases or griddle stands; high- units), and on the test procedures used more-stringent energy conservation temperature CRE; and CRE with to determine any such efficiencies. DOE standards. DOE also seeks comment and dedicated remote condensing units that requests feedback on which design data on any other aspects of its could be used in assessing appropriate options are incorporated into the most economic justification analysis from the baseline efficiency levels based on the efficient equipment available in these March 2014 Final Rule that may current market for this equipment. DOE equipment categories. indicate whether a more-stringent requests information on the typical DOE defines a max-tech efficiency energy conservation standard would be design options that would be expected level to represent the theoretical economically justified or cost effective. to be incorporated into a baseline model maximum possible efficiency if all While DOE’s request for information for each equipment category. available design options are is not limited to the following issues, As part of DOE’s analysis, DOE incorporated in a model. In many cases, DOE is particularly interested in develops efficiency levels above the the max-tech efficiency level is not comment, information, and data on the baseline as potential energy commercially available because it is not following. conservation standards to evaluate in economically feasible. In the March 1. Engineering Cost Analysis the rulemaking analyses. Among these, 2014 Final Rule, DOE determined max- DOE typically establishes efficiency tech efficiency levels using energy For the March 2014 Final Rule, DOE levels at the maximum available and modeling. The energy models were developed cost-efficiency relationships max-tech efficiencies. The maximum based on the use of all design options by estimating the efficiency available efficiency level represents the applicable to the specific equipment improvements and costs associated with highest efficiency units currently classes. While some of these equipment incorporating specific design options available on the market. configurations had not likely been into the assumed baseline model for DOE has performed a preliminary tested as prototypes, all of the each analyzed equipment class. See analysis of CRE models, found in the individual design options had been chapter 5 of the March 2014 Final Rule DOE’s Compliance Certification incorporated in available equipment. TSD for details on this approach. As a (‘‘CCMS’’) Database,14 to assess the See chapter 5 of the March 2014 Final result of recent technological potential to improve efficiency relative Rule TSD for details on this approach. innovations, costs for several design to current (i.e., baseline) standard levels. In its review of the CCMS data, DOE options considered in the March 2014 DOE observed that models are currently identified basic models with certified Final Rule (e.g., LED lighting and ECMs available with daily energy daily energy consumptions lower than for fans) are likely to have changed consumptions significantly lower than the max-tech efficiency levels since they were previously assessed. the baseline at the currently allowable considered in the March 2014 Final Issue 25: DOE requests comment on energy conservation standard. Rule analysis. the increase in manufacturer production Issue 21: DOE seeks input on whether Issue 23: DOE seeks feedback on what cost associated with incorporating each the maximum available efficiency levels design options would be incorporated at particular design option from the (i.e., the lowest available energy use a max-tech efficiency level, and the baseline efficiency to max-tech. levels) are appropriate and efficiencies associated with those levels, Specifically, DOE is interested in technologically feasible for for each equipment class. As part of this whether and how the costs estimated for consideration as possible energy request, DOE also seeks information as design options in the March 2014 Final conservation standards for CRE. DOE to whether there are limitations on the Rule have changed since the time of that seeks information on the design options use of certain combinations of design analysis. DOE also requests information incorporated into these maximum- options. DOE is particularly interested on the investments necessary to available models, and also on the order in any design options that may have incorporate specific design options, in which manufacturers incrementally become available since the March 2014 including, but not limited to, costs incorporate each design option when Final Rule that would allow greater related to new or modified tooling (if improving efficiency from the baseline energy savings relative to the max-tech any), materials, engineering and to the maximum-available efficiency efficiency levels assessed for each development efforts to implement each level (i.e., which design options would equipment class in that rulemaking. design option, and manufacturing/ be included at incremental efficiency Issue 24: Additionally, DOE requests production impacts. levels between the baseline and comment on what design options Issue 26: DOE requests comment and maximum available). DOE also requests should be considered for the max-tech supporting data on the incremental information on the design changes efficiency levels for refrigerated salad manufacturer product costs associated implemented to achieve efficiencies bars, buffet tables, and preparation with transitioning to alternative tables; solid-door equipment for pull- refrigerants, including costs associated 14 Available at https://www.regulations.doe.gov/ down applications; chef bases or griddle with converting any refrigeration system certification-data/#q=Product_Group_s%3A*. stands; high-temperature CRE; and CRE components (e.g., compressors, heat

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exchangers) and with any additional primary equipment class analysis and the equipment are distributed from the safety measures (e.g., labels, ventilation representative model configurations. manufacturer to the consumer), and fans, or leak detection sensors) that may Issue 27: DOE seeks feedback on estimate relative sales volumes through be required to address the flammability whether the 25 primary equipment each channel. By applying a multiplier risks of some alternative refrigerants. classes and the corresponding called a ‘‘markup’’ to the manufacturer representative unit configurations in the DOE also seeks information on selling price, DOE estimates the March 2014 Final Rule analysis are still commercial consumer’s price. whether any updates to the approach appropriate for the current CRE market. used in the analysis supporting the If not, DOE requests information on For the March 2014 Final Rule, DOE March 2014 Final Rule would be whether representative equipment defined three distribution channels for appropriate based on the current CRE characteristics (e.g., volume, CRE and estimated their respective market. For example, customer demand dimensions, operating parameters, and shares of shipments: (1) From for certain equipment configurations controls) have significantly changed manufacturers to consumers (national and sizes may have changed. For the since the March 2014 Final Rule account channel); (2) from March 2014 Final Rule, DOE developed analysis. manufacturers to wholesalers to cost-efficiency curves for 25 primary consumers (wholesaler channel); and (3) 2. Markups Analysis & Distribution from manufacturers to wholesalers to equipment classes based on units with Channels typical sizes and configurations within mechanical contractors and then to those classes See chapter 5 and In generating end-user price inputs for consumers (contractor channel). Table appendix 5A of the March 2014 Final the life-cycle cost (‘‘LCC’’) and payback II.5 shows the distribution channel Rule TSD for details on the cost- period (‘‘PBP’’) analysis and national market shares. See chapter 6 of the impact analysis (‘‘NIA’’), DOE must March 2014 Final Rule TSD for details efficiency analysis, including the identify distribution channels (i.e., how on this approach.

TABLE II.5—DISTRIBUTION CHANNELS MARKET SHARES

National Wholesaler Contractor Equipment type account channel channel channel (%) (%) (%)

Display Cases (VOP, SVO, HZO, VCT, HCT, SOC, and PD) ...... 70 15 15 Solid-Door Equipment (VCS and HCS) ...... 30 60 10

Issue 28: DOE seeks input on whether baseline level. The LCC is the total the ENERGY STAR program. See the distribution channels described, and consumer expense over the life of the chapter 10 of the March 2014 Final Rule the percentage of shipments in each equipment, consisting of purchase, TSD for details on this approach. channel, as shown in Table II.5 of this installation, and operating costs Issue 30: DOE requests data regarding document, are still accurate for CRE. (expenses for energy use, maintenance, the current, historical, and future DOE also requests data and feedback on and repair). Inputs to the calculation of market shares of CRE by efficiency level the magnitude and impact of online total installed cost include the cost of (e.g., expressed in terms of increments sales to the CRE distribution channels. the equipment—which includes the of 10 percent reduction below the More specifically, DOE seeks input on manufacturer selling price, distribution MDEC in kWh/day, as determined by whether the markups for online sales channel markups, and sales taxes—and the current standards, specified at 10 are significantly different from CRE sold installation costs. Inputs to the CFR 431.62) for each equipment class. through conventional distribution calculation of operating expenses Issue 31: DOE also seeks data on the channels. include annual energy consumption, current, historical, and future efficiency distribution of any additional categories Issue 29: DOE requests similar data on energy prices and price projections, of CRE under consideration broken out the distribution channels and repair and maintenance costs, by efficiency for potential standards percentage of shipments in each equipment lifetimes, discount rates, and (i.e., refrigerated salad bars, buffet channel for the other categories of CRE the year that compliance with new and tables, and preparation tables; solid- being considered in a potential energy amended standards is required. door equipment for pull-down conservation standards rulemaking (i.e., a. Efficiency Distribution applications; chef bases or griddle refrigerated salad bars, buffet tables, and stands; high-temperature CRE; and CRE preparation tables; solid-door For the March 2014 Final Rule, due to lack of data on CRE market shares by with dedicated remote condensing equipment for pull-down applications; units). chef bases or griddle stands; high- efficiency level within each of the temperature CRE; and CRE with equipment classes, DOE developed the b. Installation Costs dedicated remote condensing units). no-new-standards case efficiency For the March 2014 Final Rule, DOE distribution of CRE according to a cost- estimated different installation costs for 3. Life-Cycle Cost and Payback Period based method that used parameters and Analysis remote condensing and self-contained assumptions from the EIA’s National CRE but assumed that installation costs 15 DOE conducts the LCC and PBP Energy Modeling System (‘‘NEMS’’). do not vary with efficiency levels in any analysis to evaluate the economic effects DOE also used CRE market data from equipment class. Therefore, installation of potential energy conservation costs did not impact the LCC or PBP standards for CRE on individual 15 U.S. Department of Energy, Energy Information analysis. See chapter 8 of the March Administration. Commercial Demand Module of the consumers. For any given efficiency National Energy Modeling System: Model 2014 Final Rule TSD. level, DOE measures the PBP and the Documentation 2012 DOE/EIA–M066. 2012. Issue 32: DOE requests comment on change in LCC relative to an estimated Washington, DC whether any market or technology

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changes since the March 2014 Final d. Equipment Lifetimes price trend for CRE, as well as on the Rule would indicate that installation The equipment lifetime is the age at merits of incorporating price trends for costs vary by efficiency level, and, if so, which the equipment is retired from certain design options that may what the factors and technologies service. In the March 2014 Final Rule, experience price declines during the affecting installation costs are, and how DOE based its estimates of CRE lifetime expected 30-year analysis period, costs vary as CRE efficiency increases, on discussions with industry experts following potential future energy for each equipment class. and assumed a 10-year average lifetime conservation standards for CRE. Issue 33: DOE also requests comment for most CRE in large grocery/multi-line 5. Manufacturer Impact Analysis and data on installation costs for any stores and restaurants. For small food The purpose of the manufacturer additional categories of CRE under retail stores and other small businesses, impact analysis (‘‘MIA’’) is to estimate consideration for potential standards DOE used a 15-year average lifetime to the financial impact of amended energy (i.e., refrigerated salad bars, buffet account for longer consumer usage of conservation standards on tables, and preparation tables; solid- CRE. DOE reflects the uncertainty of manufacturers of CRE, and to evaluate door equipment for pull-down equipment lifetimes in the LCC analysis the potential impact of such standards applications; chef bases or griddle for both equipment markets by using on direct employment and stands; high-temperature CRE; and CRE probability distributions. 79 FR 17726, manufacturing capacity. As part of the with dedicated remote condensing 17766; see chapter 8 of the March 2014 MIA, DOE intends to analyze impacts of units). Final Rule TSD for details on this amended energy conservation standards c. Repair and Maintenance Costs approach. Issue 36: DOE requests comment and on subgroups of manufacturers of Maintenance costs are associated with data on whether any market and covered equipment, including small maintaining equipment’s operation, technology changes since the March business manufacturers. DOE uses the whereas repair costs are associated with 2014 Final Rule would affect its Small Business Administration’s repairing or replacing components that equipment lifetime estimates for CRE for (‘‘SBA’’) small business size standards have failed in a refrigeration system and which DOE currently has standards, and to determine whether manufacturers envelope (i.e., panels and doors). In the if so, how. qualify as small businesses, which are March 2014 Final Rule, DOE estimated Issue 37: DOE also requests comment listed by the North American Industry 17 maintenance and repair costs as and data on lifetimes of any additional Classification System (‘‘NAICS’’). annualized values applied over the life categories of CRE under consideration Manufacturing of CRE is classified of the considered equipment. For for potential standards (i.e., refrigerated under NAICS 333415, ‘‘Air-conditioning maintenance costs, DOE considered salad bars, buffet tables, and preparation and warm air heating equipment and lamp replacements and other lighting tables; solid-door equipment for pull- commercial and industrial refrigeration maintenance activities as required down applications; chef bases or griddle equipment manufacturing,’’ and the maintenance for CRE, with varying costs stands; high-temperature CRE; and CRE SBA sets a threshold of 1,250 employees by efficiency level. For repair costs, with dedicated remote condensing or less for a domestic entity to be DOE considered costs for component units). considered as a small business. This employee threshold includes all failures (i.e., evaporator fans, condenser 4. Net Present Value fans, compressors, coils, doors) during employees in a business’ parent the lifetime of CRE, which varied by To develop the national NPV from company and any other subsidiaries. efficiency level. 79 FR 17726, 17766; see potential standards, DOE calculates One aspect of assessing manufacturer chapter 8 of the March 2014 Final Rule annual energy expenditures and annual burden involves examining the equipment expenditures for the no-new- TSD for details on this approach. cumulative impact of multiple DOE standards case and the standards case. standards and the product-specific Issue 34: DOE seeks comment and The discounted difference between regulatory actions of other Federal data on whether it should estimate energy bill savings and increased agencies that affect the manufacturers of maintenance and repair costs for CRE equipment expenditures in each year is a covered product or equipment. In based on the March 2014 Final Rule the NPV. addition to energy conservation approach in a potential future In the March 2014 Final Rule, DOE standards, other regulations can rulemaking for CRE, considering any developed an equipment price trend for significantly affect manufacturers’ additional technology options discussed CRE, based on the inflation-adjusted financial operations. Multiple in this RFI, and any market and index of the producer price index regulations affecting the same technology changes since the March (‘‘PPI’’) for air conditioning, manufacturer can strain profits and lead 2014 Final Rule. In particular, DOE is refrigeration, and forced air heating companies to abandon product lines or interested in data on the maintenance from 1978 to 2012,16 which showed a markets with lower expected future and repair costs of CRE with alternative slight downward trend. DOE projected a returns than competing products. For refrigerants, and how those vary, if at future trend in the analysis period by these reasons, DOE conducts an analysis all, compared to CRE with traditionally extrapolating the historic trend using of cumulative regulatory burden as part used refrigerants. linear regression. Were DOE to conduct of its rulemakings pertaining to Issue 35: DOE also requests comment a rulemaking, DOE may consider appliance efficiency. and data on maintenance and repair incorporating price trends for certain Issue 39: To the extent feasible, DOE costs for any additional categories of design options that may experience seeks the names and contact CRE under consideration for potential price declines during the analysis information of any domestic or foreign- standards (i.e., refrigerated salad bars, period (e.g., LED lighting and ECM fan based manufacturers that distribute CRE buffet tables, and preparation tables; motors). in the United States. solid-door equipment for pull-down Issue 38: DOE requests comment on Issue 40: DOE requests the names and applications; chef bases or griddle its approach for projecting a long-term contact information of small business stands; high-temperature CRE; and CRE with dedicated remote condensing 16 Bureau of Labor Statistics, Producer Price Index 17 Available online at: https://www.sba.gov/sites/ units). Industry Data, Series: PCU3334153334153. default/files/files/Size_Standards_Table.pdf.

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CRE manufacturers, as defined by the correspondence containing comments, reduces comment processing and SBA’s size threshold that distribute and any documents submitted with the posting time. equipment in the United States. In comments. Confidential Business Information. addition, DOE requests comment on any Do not submit to https:// Pursuant to 10 CFR 1004.11, any person other manufacturer subgroups that www.regulations.gov information for submitting information that he or she could disproportionally be impacted by which disclosure is restricted by statute, believes to be confidential and exempt amended energy conservation such as trade secrets and commercial or by law from public disclosure should standards. DOE requests feedback on financial information (hereinafter submit via email two well-marked any potential approaches that could be referred to as Confidential Business copies: One copy of the document considered to address impacts on Information (CBI)). Comments marked ‘‘confidential’’ including all the manufacturers, including small submitted through https:// information believed to be confidential, businesses. www.regulations.gov cannot be claimed and one copy of the document marked Issue 41: DOE requests information as CBI. Comments received through the ‘‘non-confidential’’ with the information regarding the cumulative regulatory website will waive any CBI claims for believed to be confidential deleted. burden impacts on manufacturers of the information submitted. For Submit these documents via email. DOE CRE associated with (1) other DOE information on submitting CBI, see the will make its own determination about standards applying to different products Confidential Business Information the confidential status of the or equipment that these manufacturers section. information and treat it according to its may also make, and (2) equipment- DOE processes submissions made determination. specific regulatory actions of other through https://www.regulations.gov It is DOE’s policy that all comments Federal agencies. DOE also requests before posting. Normally, comments may be included in the public docket, comment on its methodology for will be posted within a few days of without change and as received, computing cumulative regulatory being submitted. However, if large including any personal information burden and whether there are any volumes of comments are being provided in the comments (except flexibilities it can consider that would processed simultaneously, your information deemed to be exempt from reduce this burden while remaining comment may not be viewable for up to public disclosure). consistent with the requirements of several weeks. Please keep the comment EPCA. DOE considers public participation to tracking number that https:// be a very important part of the process III. Submission of Comments www.regulations.gov provides after you for developing test procedures and DOE invites all interested parties to have successfully uploaded your energy conservation standards. DOE submit in writing by the date under the comment. actively encourages the participation DATES heading, comments and Submitting comments via email. and interaction of the public during the information on matters addressed in this Comments and documents submitted comment period in each stage of this notification and on other matters via email also will be posted to https:// process. Interactions with and between relevant to DOE’s early assessment of www.regulations.gov. If you do not want members of the public provide a whether more-stringent energy your personal contact information to be balanced discussion of the issues and conservation standards are not publicly viewable, do not include it in assist DOE in the process. Anyone who warranted for CRE. your comment or any accompanying wishes to be added to the DOE mailing Submitting comments via https:// documents. Instead, provide your list to receive future notices and www.regulations.gov. The https:// contact information in a cover letter. information about this process should www.regulations.gov web page requires Include your first and last names, email contact Appliance and Equipment you to provide your name and contact address, telephone number, and Standards Program staff at (202) 287– information. Your contact information optional mailing address. The cover 1445 or via email at will be viewable to DOE Building letter will not be publicly viewable as ApplianceStandardsQuestions@ Technologies staff only. Your contact long as it does not include any ee.doe.gov. comments. information will not be publicly Signing Authority viewable except for your first and last Include contact information each time names, organization name (if any), and you submit comments, data, documents, This document of the Department of submitter representative name (if any). and other information to DOE. Faxes Energy was signed on July 9, 2021, by If your comment is not processed will not be accepted. Kelly Speakes-Backman, Principal properly because of technical Comments, data, and other Deputy Assistant Secretary and Acting difficulties, DOE will use this information submitted to DOE Assistant Secretary for Energy Efficiency information to contact you. If DOE electronically should be provided in and Renewable Energy, pursuant to cannot read your comment due to PDF (preferred), Microsoft Word or delegated authority from the Secretary technical difficulties and cannot contact Excel, WordPerfect, or text (ASCII) file of Energy. That document with the you for clarification, DOE may not be format. Provide documents that are not original signature and date is able to consider your comment. secured, written in English, and free of maintained by DOE. For administrative However, your contact information any defects or viruses. Documents purposes only, and in compliance with will be publicly viewable if you include should not contain special characters or requirements of the Office of the Federal it in the comment or in any documents any form of encryption and, if possible, Register, the undersigned DOE Federal attached to your comment. Any they should carry the electronic Register Liaison Officer has been information that you do not want to be signature of the author. authorized to sign and submit the publicly viewable should not be Campaign form letters. Please submit document in electronic format for included in your comment, nor in any campaign form letters by the originating publication, as an official document of document attached to your comment. If organization in batches of between 50 to the Department of Energy. This this instruction is followed, persons 500 form letters per PDF or as one form administrative process in no way alters viewing comments will see only first letter with a list of supporters’ names the legal effect of this document upon and last names, organization names, compiled into one or more PDFs. This publication in the Federal Register.

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Signed in Washington, DC, on July 9, 2021. online instructions at that site for MEAP, 2-(ethylamino)-1-(4- Treena V. Garrett, submitting comments. Upon completion methylphenyl)pentan-1-one), Federal Register Liaison Officer, U.S. of your submission you will receive a • 4′-methyl-alpha- Department of Energy. Comment Tracking Number for your pyrrolidinohexiophenone (other names: ′ ′ [FR Doc. 2021–14977 Filed 7–15–21; 8:45 am] comment. Please be aware that 4 -methyl-a-PHP, 4 -methyl PHP, PV4, BILLING CODE 6450–01–P submitted comments are not 4-MPHP, MPHP, 4-methyl-alpha- instantaneously available for public pyrrolidino hexanophenone, 1-(4- view on Regulations.gov. If you have methylphenyl)-2-(pyrrolidin-1-yl)hexan- received a Comment Tracking Number, 1-one), DEPARTMENT OF JUSTICE • your comment has been successfully alpha-pyrrolidinoheptaphenone Drug Enforcement Administration submitted and there is no need to (other names: alpha- resubmit the same comment. pyrrolidinoheptiophenone, alpha-PHpP, 21 CFR Part 1308 • Paper comments: Paper comments PV8, 1-phenyl-2-(pyrrolidin-1- that duplicate the electronic submission yl)heptan-1-one), and • ′ [Docket No. DEA–495] are not necessary. Should you wish to 4 -chloro-alpha- mail a paper comment, in lieu of an pyrrolidinovalerophenone (other names: Schedules of Controlled Substances: 4-chloro-a-pyrrolidinopentiophenone, Placement of N-Ethylhexedrone, alpha- electronic comment, it should be sent via regular or express mail to: Drug 4-chloro-a-PVP, 4-Cl-a-PVP, 4-chloro-2- Pyrrolidinohexanophenone, 4-Methyl- (1-pyrrolidinyl)-valerophenone, 1-(4- alpha-ethylaminopentiophenone, 4′- Enforcement Administration, Attn: DEA Federal Register Representative/DPW, chlorophenyl)-2-(pyrrolidin-1- Methyl-alpha- yl)pentan-1-one). pyrrolidinohexiophenone, alpha- 8701 Morrissette Drive, Springfield, Pyrrolidinoheptaphenone, and 4′- Virginia 22152. Posting of Public Comments • Hearing requests: All requests for a Chloro-alpha- Please note that all comments pyrrolidinovalerophenone in Schedule hearing and waivers of participation, received in response to this docket are I together with a written statement of considered part of the public record. position on the matters of fact and law They will, unless reasonable cause is AGENCY: Drug Enforcement asserted in the hearing, must be sent to: given, be made available by DEA for Administration, Department of Justice. Drug Enforcement Administration, Attn: public inspection online at http:// ACTION: Notice of proposed rulemaking. Administrator, 8701 Morrissette Drive, www.regulations.gov. Such information Springfield, Virginia 22152. All requests includes personal identifying SUMMARY: The Drug Enforcement for hearing and waivers of participation information (such as your name, Administration proposes placing six should also be sent to: (1) Drug address, etc.) voluntarily submitted by synthetic cathinones, as identified in Enforcement Administration, Attn: the commenter. The Freedom of this proposed rule, in schedule I of the Hearing Clerk/OALJ, 8701 Morrissette Information Act applies to all comments Controlled Substances Act. If finalized, Drive, Springfield, Virginia 22152; and received. If you want to submit personal this action would make permanent the (2) Drug Enforcement Administration, identifying information (such as your existing regulatory controls and Attn: DEA Federal Register name, address, etc.) as part of your administrative, civil, and criminal Representative/DPW, 8701 Morrissette comment, but do not want it to be made sanctions applicable to schedule I Drive, Springfield, Virginia 22152. publicly available, you must include the controlled substances on persons who FOR FURTHER INFORMATION CONTACT: phrase ‘‘PERSONAL IDENTIFYING handle (manufacture, distribute, reverse Terrence L. Boos, Ph.D., Drug and INFORMATION’’ in the first paragraph distribute, import, export, engage in Chemical Evaluation Section, Drug of your comment. You must also place research, conduct instructional Enforcement Administration; all of the personal identifying activities or chemical analysis, or Telephone: (571) 362–3249. information you do not want made possess), or propose to handle these six SUPPLEMENTARY INFORMATION: publicly available in the first paragraph specified controlled substances. In this proposed rule, the Drug of your comment and identify what DATES: Comments must be submitted Enforcement Administration (DEA) information you want redacted. electronically or postmarked on or proposes to permanently schedule the If you want to submit confidential before August 16, 2021. following six controlled substances in business information as part of your Requests for hearing and waivers of schedule I of the Controlled Substances comment, but do not want it to be made an opportunity for a hearing or to Act (CSA), including their salts, publicly available, you must include the participate in a hearing must be isomers, and salts of isomers whenever phrase ‘‘CONFIDENTIAL BUSINESS received on or before August 16, 2021. the existence of such salts, isomers, and INFORMATION’’ in the first paragraph ADDRESSES: To ensure proper handling salts of isomers is possible within the of your comment. You must also of comments, please reference ‘‘Docket specific chemical designation: prominently identify the confidential No. DEA–495’’ on all electronic and • N-ethylhexedrone (other names: a- business information to be redacted written correspondence, including any ethylaminohexanophenone, ethyl within the comment. attachments. hexedrone, HEXEN, 2-(ethylamino)-1- Comments containing personal • Electronic comments: The Drug phenylhexan-1-one), identifying information or confidential Enforcement Administration (DEA) • alpha-pyrrolidinohexanophenone business information identified as encourages that all comments be (other names: a-pyrrolidino- directed above will be made publicly submitted electronically through the hexanophenone, alpha-PHP, a-PHP, available in redacted form. If a comment Federal eRulemaking Portal which PV7, 1-phenyl-2-(pyrrolidin-1-yl)hexan- has so much confidential business provides the ability to type short 1-one), information that it cannot be effectively comments directly into the comment • 4-methyl-alpha- redacted, all or part of that comment field on the web page or attach a file for ethylaminopentiophenone (other names: may not be made publicly available. lengthier comments. Please go to http:// N-ethyl-4-methylnorpentedrone, 4- Comments posted to http:// www.regulations.gov and follow the methyl-a-ethylaminopentiophenone, 4- www.regulations.gov may include any

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personal identifying information (such Background the scientific and medical evidence, on as name, address, and phone number) On July 18, 2019, pursuant to 21 July 8, 2021, the Assistant Secretary included in the text of your electronic U.S.C. 811(h)(1), DEA published an submitted to the Acting Administrator submission that is not identified as order in the Federal Register (84 FR HHS’s scientific and medical evaluation directed above as confidential. 34291) temporarily placing N- and scheduling recommendation for An electronic copy of this document ethylhexedrone, alpha- these substances. Upon receipt of the scientific and medical evaluation and and supplemental information to this pyrrolidinohexanophenone (a-PHP), 4- scheduling recommendation from HHS, proposed rule are available at http:// methyl-alpha- DEA reviewed the document and all www.regulations.gov for easy reference. ethylaminopentiophenone (4-MEAP), 4′- methyl-alpha-pyrrolidinohexiophenone other relevant data, and conducted its Request for Hearing or Waiver of (MPHP), alpha- own eight-factor analysis of the abuse Particpation in Hearing pyrrolidinoheptaphenone (PV8), and 4′- potential of N-ethylhexedrone, a-PHP, chloro-alpha-pyrrolidinovalerophenone 4-MEAP, MPHP, PV8, and 4-chloro-a- Pursuant to 21 U.S.C. 811(a), this (4-chloro-a-PVP) in schedule I of the PVP in accordance with 21 U.S.C. action is a formal rulemaking ‘‘on the CSA upon finding that these synthetic 811(c). record after opportunity for a hearing.’’ cathinones pose an imminent hazard to Proposed Determination of Schedule Such proceedings are conducted the public safety. That temporary order N-Ethylhexedrone, a-PHP, 4-MEAP, pursuant to the provisions of the was effective on the date of publication. MPHP, PV8, and 4-Chloro-a-PVP Administrative Procedure Act, 5 U.S.C. Pursuant to 21 U.S.C. 811(h)(2), the As discussed in the background 551–559. 21 CFR 1308.41–1308.45; 21 temporary control of these substances is section, the Administrator is initiating CFR part 1316, subpart D. Interested set to expire on July 18, 2021. However, proceedings, pursuant to 21 U.S.C. persons may file requests for hearing or this same subsection also provides that, 811(a)(1), to add N-ethylhexedrone, a- notices of intent to participate in a during the pendency of proceedings PHP, 4-MEAP, MPHP, PV8, and 4- hearing in conformity with the under 21 U.S.C. 811(a)(1) with respect chloro-a-PVP permanently to schedule requirements of 21 CFR 1308.44(a) or to a substance, the temporary I. DEA has reviewed the scientific and (b), and include a statement of interest scheduling of that substance may be medical evaluation and scheduling in the proceeding and the objections or extended for up to one year. recommendation, received from HHS, issues, if any, concerning which the Proceedings for the scheduling of a and all other relevant data and person desires to be heard. Any substance under 21 U.S.C. 811(a) may conducted its own eight-factor analysis be initiated by the Attorney General interested person may file a waiver of an of the abuse potential of N- (delegated to the Administrator of DEA opportunity for a hearing or to ethylhexedrone, a-PHP, 4-MEAP, (Administrator) pursuant to 28 CFR participate in a hearing together with a MPHP, PV8, and 4-chloro-a-PVP 0.100) on his own motion, at the request written statement regarding the pursuant to 21 U.S.C. 811(c). Included of the Secretary of HHS,1 or on the interested person’s position on the below is a brief summary of each factor petition of any interested party. An matters of fact and law involved in any as analyzed by HHS and DEA, and as extension of the existing temporary hearing as set forth in 21 CFR considered by DEA in its proposed order is being ordered by the 1308.44(c). scheduling action. Please note that both Administrator in a separate action, and the DEA and the HHS 8-Factor analyses All requests for a hearing and waivers is being simultaneously published and the Assistant Secretary’s July 8, of participation, together with a written elsewhere in this issue of the Federal 2021 letter are available in their entirety statement of position on the matters of Register. fact and law involved in such hearing, The Administrator, on her own under the tab ‘‘Supporting Documents’’ must be sent to DEA using the address motion, is initiating proceedings under of the public docket of this rulemaking information provided above. 21 U.S.C. 811(a)(1) to permanently action at http://www.regulations.gov, schedule N-ethylhexedrone, a-PHP, 4- under Docket Number ‘‘DEA–495.’’ Legal Authority 1. The Drug’s Actual or Relative MEAP, MPHP, PV8, and 4-chloro-a- Potential for Abuse: Both the DEA and PVP. DEA has gathered and reviewed The CSA provides that proceedings the HHS 8-factor analyses found that N- the available information regarding the for the issuance, amendment, or repeal ethylhexedrone, a-PHP, 4-MEAP, pharmacology, chemistry, trafficking, of the scheduling of any drug or other MPHP, PV8, and 4-chloro-a-PVP have actual abuse, pattern of abuse, and the substance may be initiated by the abuse potential associated with its relative potential for abuse for these Attorney General on his own motion. 21 abilities to produce psychoactive effects synthetic cathinones. On October 22, U.S.C. 811(a). This proposed action is that are similar to those produced by 2020, the Acting Administrator of DEA supported by a recommendation from schedule I synthetic cathinones such as submitted a request to the Assistant the Assistant Secretary for Health of the methcathinone, mephedrone, Department of Health and Human Secretary for Health of HHS (Assistant Secretary) to provide DEA with a methylone, pentylone, and 3,4- Services (HHS) and an evaluation of all methylenedioxypyrovalerone (MDPV) other relevant data by DEA. If finalized, scientific and medical evaluation of available information and a scheduling and schedule II stimulants such as this action would make permanent the methamphetamine and cocaine that existing temporary regulatory controls recommendation for N-ethylhexedrone, a have a high potential for abuse. In and administrative, civil, and criminal -PHP, 4-MEAP, MPHP, PV8, and 4- chloro-a-PVP, in accordance with 21 particular, the responses in humans to sanctions for schedule I controlled U.S.C. 811(b) and (c). Upon evaluating N-ethylhexedrone, a-PHP, 4-MEAP, substances on any person who handles MPHP, PV8, and 4-chloro-a-PVP are (manufactures, distributes, imports, 1 Because the Secretary of HHS has delegated to stimulant-like and include paranoia, exports, engages in research, conducts the Assistant Secretary for Health (Assistant agitation, palpitations, tachycardia, instructional activities or chemical Secretary) the authority to make domestic drug hypertension, and hyperthermia. analysis, or possesses) or proposes to scheduling recommendations, for purposes of this N-Ethylhexedrone, a-PHP, 4-MEAP, proposed rulemaking, all subsequent references to handle N-ethylhexedrone, a-PHP, 4- ‘‘Secretary’’ have been replaced with ‘‘Assistant MPHP, PV8, and 4-chloro-a-PVP have MEAP, MPHP, PV8, or 4-chloro-a-PVP. Secretary.’’ no approved medical uses in the United

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States but there have been reports of I and II substances, N-ethylhexedrone, A drug has a ‘‘currently accepted individuals experiencing adverse a-PHP, 4-MEAP, MPHP, PV8, and 4- medical use’’ if DEA concludes that it outcomes after taking these substances. chloro-a-PVP bind to monoamine satisfies a five-part test. Specifically, Because these substances are not transporters for dopamine and with respect to a drug that has not been approved drug products, a practitioner norepinephrine, and block the uptake of approved by FDA, all of the following may not legally prescribe them, and these neurotransmitters at their must be demonstrated: The drug’s they cannot be dispensed to an transporters. N-Ethylhexedrone, a-PHP, chemistry is known and reproducible; individual. The use of these substances and MPHP (4-MEAP, PV8, and 4-chloro- there are adequate safety studies; there without medical advice leads to the a-PVP were not tested in this assay) do are adequate and well-controlled studies conclusion that these synthetic not promote the release of these proving efficacy; the drug is accepted by cathinones are being abused for their monoamines. Additionally, behavioral qualified experts; and the scientific psychoactive properties. studies in animals demonstrate that N- evidence is widely available.3 Based on Reports from public health and law ethylhexedrone, a-PHP, 4-MEAP, this analysis, N-ethylhexedrone, a-PHP, enforcement state that these substances MPHP, PV8, and 4-chloro-a-PVP 4-MEAP, MPHP, PV8, and 4-chloro-a- are being abused and taken in amounts produce locomotor behavior and PVP have no currently accepted medical sufficient to create a hazard to an discriminative stimulus effects that are use in the United States. Furthermore, individual’s health. This hazard is similar to those of methamphetamine DEA has not found any references evidenced by emergency department and cocaine. Overall, these data indicate regarding clinical testing of these admissions or deaths, representing a that N-ethylhexedrone, a-PHP, 4-MEAP, substances in the scientific and medical significant safety issue for those in the MPHP, PV8, and 4-chloro-a-PVP literature. Although the chemistry of community. Further, from January 2012 produce pharmacological effects and synthetic cathinones, in general, is through December 2020 (query date: stimulant-like behaviors that are similar known and has been reproduced, as May 3, 2021), the National Forensic to those of other schedule I synthetic mentioned above there are no clinical Laboratory Information System (NFLIS) cathinones such as methcathinone, studies involving N-ethylhexedrone, a- databases registered a total of 2,289 mephedrone, MDPV, and methylone, as PHP, 4-MEAP, MPHP, PV8, and 4- reports by participating DEA, State, well as schedule II stimulants chloro-a-PVP. Taken together with local, and other forensic laboratories, as methamphetamine and cocaine. HHS’s conclusion, DEA finds that there applicable, pertaining to N- 3. The State of Current Scientific is no legitimate medical use for N- ethylhexedrone, a-PHP, 4-MEAP, Knowledge Regarding the Drug or Other ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8, and 4-chloro-a-PVP.2 Substance: N-Ethylhexedrone, a-PHP, 4- MPHP, PV8, and 4-chloro-a-PVP in the NFLIS registered these reports MEAP, MPHP, PV8, and 4-chloro-a-PVP United States. identifying these substances in drug- are designer drugs of the 4. History and Current Pattern of related exhibits from more than 40 phenethylamine class and they are Abuse: Available evidence suggests that States. MPHP was first identified in structurally similar to permanently the history and pattern of abuse of N- June 2012 in seized drug evidence controlled schedule I synthetic ethylhexedrone, a-PHP, 4-MEAP, (although MPHP was identified in blood cathinones and schedule II stimulants MPHP, PV8, and 4-chloro-a-PVP samples from a 27-year-old decedent in like methamphetamine. parallel that of permanently controlled 2011), followed by 4-MEAP and PV8 Pharmacokinetic studies show that schedule I cathinone stimulants. N- (August and December 2013, humans, in general, metabolize ethylhexedrone, a-PHP, 4-MEAP, synthetic cathinones to their respectively), alpha-PHP (May 2014), 4- MPHP, PV8, and 4-chloro-a-PVP are corresponding amphetamines followed chloro-a-PVP (December 2015) and most synthetic cathinones of the by reduction of the beta-keto group to recently N-ethylhexedrone (August phenethylamine class and they are the corresponding alcohol which can 2016). Consequently, the data indicate structurally and pharmacologically involve hydrogenation, deethylation, that N-ethylhexedrone, a-PHP, 4-MEAP, similar to schedule I and II substances demethylation, or hydroxylation. Given MPHP, PV8, and 4-chloro-a-PVP are such as methcathinone (I) and that N-ethylhexedrone, a-PHP, 4-MEAP, being abused, and they present safety methamphetamine (II). Like these MPHP, PV8, and 4-chloro-a-PVP are hazards to the health of individuals who schedule I and II substances, N- synthetic cathinones, it is likely that consume them due to their stimulant ethylhexedrone, a-PHP, 4-MEAP, these six synthetic cathinones are also MPHP, PV8, and 4-chloro-a-PVP are properties. metabolized to their corresponding 2. Scientific Evidence of the Drug’s most likely ingested by swallowing amphetamines and alcohols. capsules or tablets or snorted by nasal Pharmacological Effects, if Known: As Neither DEA nor HHS is aware of any described by HHS, studies show that N- insufflation of the powder tablets. As currently accepted medical use for N- reported by DEA and HHS, products ethylhexedrone, a-PHP, 4-MEAP, ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8, and 4-chloro-a-PVP containing N-ethylhexedrone, a-PHP, 4- MPHP, PV8, and 4-chloro-a-PVP. MEAP, MPHP, PV8, or 4-chloro-a-PVP, produce pharmacological effects that are According to HHS’s 2021 scientific and similar to those produced by schedule I similar to schedule I synthetic medical evaluation and scheduling cathinones, are likely to be falsely and II substances such as recommendation, the Food and Drug methamphetamine (II), cocaine (II), marketed as ‘‘research chemicals,’’ Administration (FDA) has not approved ‘‘jewelry cleaner,’’ ‘‘stain remover,’’ mephedrone (I), MDPV (I), and marketing applications for drug ‘‘plant food or fertilizer,’’ ‘‘insect methylone (I). Similar to these schedule products containing N-ethylhexedrone, repellants,’’ or ‘‘bath salts;’’ sold at a-PHP, 4-MEAP, MPHP, PV8, and 4- 2 smoke shops, head shops, convenience NFLIS is a national drug forensic laboratory chloro-a-PVP for any therapeutic reporting system that systematically collects results stores, adult book stores, or gas stations; from drug chemistry analyses conducted by state indication, nor is HHS aware of any and purchased on the internet. Like and local forensic laboratories across the country. reports of clinical studies or claims of those seen with commercial products The NFLIS participation rate, defined as the accepted medical use for N- percentage of the national drug caseload a represented by laboratories that have joined NFLIS, ethylhexedrone, -PHP, 4-MEAP, 3 57 FR 10499 (1992), pet. for rev. denied, is over 97 percent. NFLIS includes drug chemistry MPHP, PV8, and 4-chloro-a-PVP in the Alliance for Cannabis Therapeutics v. DEA, 15 F.3d results from completed analyses only. United States. 1131, 1135 (D.C. Cir. 1994).

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that contain synthetic cathinones, the of 2,289 reports from forensic documents confirms these adverse packages of products that contain N- laboratories pertaining to the 6 synthetic effects of N-ethylhexedrone, a-PHP, 4- ethylhexedrone, a-PHP, 4-MEAP, cathinones (N-ethylhexedrone, 613 MEAP, MPHP, PV8, or 4-chloro-a-PVP. MPHP, PV8, or 4-chloro-a-PVP also reports; a-PHP—984 reports; 4-MEAP— Like schedule I synthetic cathinones, N- probably contain the warning ‘‘not for 131 reports; MPHP—92 reports; PV8— ethylhexedrone, a-PHP, 4-MEAP, human consumption,’’ most likely in an 174 reports; and 4-chloro-a-PVP—295 MPHP, PV8, and 4-chloro-a-PVP have effort to circumvent statutory reports). HHS reported that there were caused acute health problems leading to restrictions for these substances. Law 13,238 calls to United States poison emergency department (ED) admissions, enforcement data indicate that N- control centers (PCCs) 4 involving violent behaviors causing harm to self or ethylhexedrone, a-PHP, 4-MEAP, synthetic cathinones from 2010 to 2019 others, and/or death. Specifically, MPHP, PV8, and 4-chloro-a-PVP are and 39 mentions of cathinones of which evidence demonstrate that all six available for illicit use and are being 23 were for a-PHP on the Dashboard 5 synthetic cathinones have resulted in abused. Demographic data collected from July 2018 to July 2020. ED visits that required medical from published reports and mortality Accordingly, concerns over the attention, but only N-ethylhexedrone, a- records suggest that the main users of N- continuing abuse of synthetic PHP, MPHP, and PV8 abuse have been ethylhexedrone, a-PHP, 4-MEAP, cathinones have led to the control of associated with the deaths of MPHP, PV8, and 4-chloro-a-PVP, many synthetic cathinones. A full individuals. It remains highly likely that similar to other schedule I synthetic presentation of the NFLIS reports by additional cases of adverse health cathinones permanently placed in substance and year, PCC, and Dashboard effects involving N-ethylhexedrone, a- schedule I, are young adults. Toxicology data are available in both DEA’s and PHP, 4-MEAP, MPHP, PV8, and 4- reports also revealed that N- HHS’s eight-factor analyses within the chloro-a-PVP in the United States have ethylhexedrone, a-PHP, 4-MEAP, Supporting Documents section of the occurred and will continue to be under- MPHP, PV8, and 4-chloro-a-PVP are public docket available at http:// reported as these substances are not part being ingested with other substances www.regulations.gov. of standard panels for toxicological including other synthetic cathinones, 6. What, if Any, Risk There Is to the analyses of biological specimens. Thus, common cutting agents, or other Public Health: HHS reported that the the abuse of N-ethylhexedrone, a-PHP, recreational substances. Consequently, public health risks of N-ethylhexedrone, 4-MEAP, MPHP, PV8, and 4-chloro-a- products containing synthetic a-PHP, 4-MEAP, MPHP, PV8, and 4- PVP, like that of the abuse of schedule cathinones, including N- chloro-a-PVP result from their ability to I synthetic cathinones and stimulant ethylhexedrone, a-PHP, 4-MEAP, induce stimulant-like responses, which drugs, poses significant adverse health MPHP, PV8, or 4-chloro-a-PVP, are may lead to impaired judgement and risks including death. distributed to users, often with dangerous behavior. Adverse health Furthermore, because abusers of unpredictable outcomes. Thus, the effects associated with the abuse of N- synthetic cathinones obtain these recreational abuse of N-ethylhexedrone, ethylhexedrone, a-PHP, 4-MEAP, substances through unregulated sources, a-PHP, 4-MEAP, MPHP, PV8, and 4- MPHP, PV8, and 4-chloro-a-PVP the identity, purity, and quantity are chloro-a-PVP is a significant concern. include a number of stimulant-like uncertain and inconsistent. These These data indicate that N- adverse health effects such as unknown factors pose an additional risk ethylhexedrone, a-PHP, 4-MEAP, diaphoresis, insomnia, mydriasis, for significant adverse health effects to the end user. MPHP, PV8, and 4-chloro-a-PVP have a hyperthermia, vomiting, agitation, Based on information received by history and current pattern of abuse. disorientation, paranoia, and abdominal DEA, the abuse of N-ethylhexedrone, a- 5. Scope, Duration and Significance pain. Serious adverse events such as PHP, 4-MEAP, MPHP, PV8, and 4- of Abuse: N-ethylhexedrone, a-PHP, 4- acute kidney failure, cardiac arrest, chloro-a-PVP has led to, at least, the MEAP, MPHP, PV8, and 4-chloro-a-PVP rhabdomyolysis, and coma have been same qualitative public health risks as are recreational drugs that emerged on associated with the use of N- other schedule I synthetic cathinones the United States’ illicit drug market ethylhexedrone, a-PHP, 4-MEAP, and and the schedule II stimulant after the scheduling of other synthetic PV8. In addition, N-ethylhexedrone, a- methamphetamine. The public health cathinones (e.g., N-ethylpentylone, PHP, MPHP, and PV8 have been risks attendant to the abuse of synthetic ethylone, mephedrone, methylone, involved in the deaths of individuals. cathinones, including N- pentylone, and MDPV) (see DEA’s Eight The identification of N-ethylhexedrone, ethylhexedrone, a-PHP, 4-MEAP, Factor Analysis for a full discussion). a-PHP, 4-MEAP, MPHP, PV8, or 4- MPHP, PV8, or 4-chloro-a-PVP, are well Forensic laboratories have confirmed chloro-a-PVP in toxicological samples established and have resulted in large the presence of N-ethylhexedrone, a- associated with fatal and non-fatal numbers of ED visits and fatal PHP, 4-MEAP, MPHP, PV8, and 4- overdoses as reported in the medical overdoses. chloro-a-PVP in drug exhibits received and scientific literature, forensic 7. Its Psychic or Physiological from Federal, State, and local law laboratory reports, and public health Dependence Liability: According to enforcement agencies. MPHP was first HHS, the psychic or physiological identified in June 2012 in seized drug 4 PCC data are derived from the National Poison dependence liability of N- Data System, a database managed by the American evidence (although MPHP was Association of Poison Control Centers (AAPCC). ethylhexedrone, a-PHP, 4-MEAP, identified in blood samples from a 27- AAPCC is a nationwide network of PCCs that MPHP, PV8, and 4-chloro-a-PVP is year-old decedent in 2011—see Factor 6 receive calls from individuals, healthcare demonstrated by their positive abuse- for details), followed by 4-MEAP and professionals, and other interested persons in the related studies in animals and reported general U.S. population regarding exposures to PV8 (August and December 2013, prescription drugs and other substances. stimulant effects in humans. The results respectively), alpha-PHP (May 2014), 4- 5 The Dashboard is an online, interactive tool that from two behavioral studies (drug chloro-a-PVP (December 2015) and most reports on the identification of certain novel discrimination and locomotor studies) recently N-ethylhexedrone (August psychoactive substances in de-identified sample demonstrate that N-ethylhexedrone, a- extracts from forensic investigations, including 2016). From January 2012 through medicolegal death investigations and toxicology PHP, 4-MEAP, MPHP, PV8, or 4-chloro- December 2020 (query date: May 3, testing. The Dashboard was accessed on February a-PVP produced behavioral effects that 2021), NFLIS database registered a total 26, 2021. are similar to those of substances with

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stimulant effects such as the schedule II designation, warrant control in schedule a-PHP, 4-MEAP, MPHP, PV8, or 4- stimulants cocaine and I of the CSA. 21 U.S.C. 812(b)(1). chloro-a-PVP must have an initial methamphetamine. Thus, based on the inventory of all stocks of controlled Requirements for Handling structural and pharmacological substances (including N- N-Ethylhexedrone, a-PHP, 4-MEAP, similarities of N-ethylhexedrone, a-PHP, ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8, and 4-Chloro-a-PVP 4-MEAP, MPHP, PV8, and 4-chloro-a- MPHP, PV8, and 4-chloro-a-PVP) on PVP to schedule II stimulant substances If this rule is finalized as proposed, N- hand on the date the registrant first that have demonstrated psychic or ethylhexedrone, a-PHP, 4-MEAP, engages in the handling of controlled physiological dependence liability, it is MPHP, PV8, or 4-chloro-a-PVP would substances pursuant to 21 U.S.C. 827 anticipated that the stimulant properties continue 6 to be subject to the CSA’s and in accordance with 21 CFR 1304.03, of N-ethylhexedrone, a-PHP, 4-MEAP, schedule I regulatory controls and 1304.04, and 1304.11. MPHP, PV8, and 4-chloro-a-PVP administrative, civil, and criminal After the initial inventory, every DEA produce psychic dependence liability. sanctions applicable to the manufacture, registrant must take an inventory of all 8. Whether the Substance is an distribution, reverse distribution, controlled substances (including N- Immediate Precursor of a Substance importation, exportation, research, and ethylhexedrone, a-PHP, 4-MEAP, Already Controlled Under the CSA: N- conduct of instructional activities MPHP, PV8, and 4-chloro-a-PVP) on Ethylhexedrone, a-PHP, 4-MEAP, involving the handling of schedule I hand every two years, pursuant to 21 MPHP, PV8, and 4-chloro-a-PVP are not controlled substances including the U.S.C. 827 and in accordance with 21 immediate precursors of any controlled following: CFR 1304.03, 1304.04, and 1304.11. substance under the CSA as defined by 1. Registration. Any person who 6. Records and Reports. Every DEA 21 U.S.C. 802(23). handles (manufactures, distributes, registrant is required to maintain Conclusion: After considering the reverse distributes, imports, exports, records and submit reports with respect scientific and medical evaluation engages in research, or conducts to N-ethylhexedrone, a-PHP, 4-MEAP, conducted by HHS, HHS’s scheduling instructional activities or chemical MPHP, PV8, or 4-chloro-a-PVP pursuant recommendation, and DEA’s own eight- analysis with, or possesses) or who to 21 U.S.C. 827, and in accordance factor analysis, DEA finds that the facts desires to handle N-ethylhexedrone, a- with 21 CFR 1301.74(b) and (c) and and all relevant data constitute PHP, 4-MEAP, MPHP, PV8, or 4-chloro- parts 1304, 1312, and 1317. substantial evidence of the potential for a-PVP is required to be registered with Manufacturers and distributors must abuse of N-ethylhexedrone, a-PHP, 4- DEA to conduct such activities pursuant submit reports regarding these MEAP, MPHP, PV8, and 4-chloro-a- to 21 U.S.C. 822, 823, 957, and 958, and substances to the Automation of Reports PVP. As such, DEA hereby proposes to in accordance with 21 CFR parts 1301 and Consolidated Order System permanently schedule N- and 1312. pursuant to 21 U.S.C. 827 and in ethylhexedrone, a-PHP, 4-MEAP, 2. Security. N-ethylhexedrone, a-PHP, accordance with 21 CFR parts 1304 and MPHP, PV8, and 4-chloro-a-PVP as 4-MEAP, MPHP, PV8, and 4-chloro-a- 1312. controlled substances under the CSA. PVP are subject to schedule I security 7. Order Forms. Every DEA registrant Proposed Determination of Appropriate requirements and must be handled and who distributes N-ethylhexedrone, a- Schedule stored pursuant to 21 U.S.C. 823 and in PHP, 4-MEAP, MPHP, PV8, or 4-chloro- accordance with 21 CFR 1301.71– a-PVP is required to comply with the The CSA establishes five schedules of 1301.76. Non-practitioners handling N- order form requirements, pursuant to 21 controlled substances known as ethylhexedrone, a-PHP, 4-MEAP, U.S.C. 828 and 21 CFR part 1305. schedules I, II, III, IV, and V. The CSA MPHP, PV8, or 4-chloro-a-PVP must 8. Importation and Exportation. All also outlines the findings required to also comply with the employee importation and exportation of N- place a drug or other substance in any screening requirements of 21 CFR ethylhexedrone, a-PHP, 4-MEAP, particular schedule. 21 U.S.C. 812(b). 1301.90–1301.93. MPHP, PV8, or 4-chloro-a-PVP must be After consideration of the analysis and 3. Labeling and Packaging. All labels, in compliance with 21 U.S.C. 952, 953, recommendation of the Assistant labeling, and packaging for commercial 957, and 958, and in accordance with 21 Secretary for Health of HHS and review containers of N-ethylhexedrone, a-PHP, CFR part 1312. of all other available data, the 4-MEAP, MPHP, PV8, and 4-chloro-a- 9. Liability. Any activity involving N- Administrator of DEA, pursuant to 21 PVP must be in compliance with 21 ethylhexedrone, a-PHP, 4-MEAP, U.S.C. 811(a) and 812(b)(1), finds that: U.S.C. 825, and be in accordance with MPHP, PV8, or 4-chloro-a-PVP not 1. N-ethylhexedrone, a-PHP, 4-MEAP, 21 CFR part 1302. authorized by, or in violation of the CSA MPHP, PV8, and 4-chloro-a-PVP have a 4. Quota. Only registered or its implementing regulations, is high potential for abuse; manufacturers are permitted to unlawful, and could subject the person 2. N-ethylhexedrone, a-PHP, 4-MEAP, manufacture N-ethylhexedrone, a-PHP, to administrative, civil, and/or criminal MPHP, PV8, and 4-chloro-a-PVP have 4-MEAP, MPHP, PV8, or 4-chloro-a-PVP sanctions. no currently accepted medical use in in accordance with a quota assigned treatment in the United States; and Regulatory Analyses 3. There is a lack of accepted safety pursuant to 21 U.S.C. 826 and in Executive Orders 12866 (Regulatory for use of N-ethylhexedrone, a-PHP, 4- accordance with 21 CFR part 1303. Planning and Review) and 13563 MEAP, MPHP, PV8, and 4-chloro-a-PVP 5. Inventory. Any person registered (Improving Regulation and Regulatory under medical supervision. with DEA to handle N-ethylhexedrone, Based on these findings, the Review) 6 N-ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8, Administrator concludes that N- and 4-chloro-a-PVP are currently subject to In accordance with 21 U.S.C. 811(a), ethylhexedrone, a-PHP, 4-MEAP, schedule I controls on a temporary basis, pursuant this proposed scheduling action is MPHP, PV8, and 4-chloro-a-PVP, to 21 U.S.C. 811(h). 84 FR 34291, July 18, 2019. An subject to formal rulemaking procedures including their salts, isomers, and salts order extending the temporary scheduling of N- performed ‘‘on the record after ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8, and of isomers, whenever the existence of 4-chloro-a-PVP for one year is published elsewhere opportunity for a hearing,’’ which are such salts, isomers, and salts of isomers in this issue of the Federal Register, on the same conducted pursuant to the provisions of is possible within the specific chemical day as this notice of proposed rulemaking. 5 U.S.C. 556 and 557. The CSA sets

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forth the criteria for scheduling a drug chloro-a-PVP in schedule I of the CSA 2 U.S.C. 1501 et seq., DEA has or other substance. Such actions are pursuant to the temporary scheduling determined and certifies that this exempt from review by the Office of provisions of 21 U.S.C. 811(h). DEA proposed action would not result in any Management and Budget (OMB) estimates that all entities handling or Federal mandate that may result ‘‘in the pursuant to section 3(d)(1) of Executive planning to handle these substances expenditure by State, local, and tribal Order (E.O.) 12866 and the principles have already established and governments, in the aggregate, or by the reaffirmed in E.O. 13563. implemented the systems and processes private sector, of $100,000,000 or more Executive Order 12988, Civil Justice required to handle N-ethylhexedrone, a- (adjusted annually for inflation) in any Reform PHP, 4-MEAP, MPHP, PV8, or 4-chloro- 1 year * * * .’’ Therefore, neither a a-PVP. There are currently 34 unique Small Government Agency Plan nor any This proposed regulation meets the registrations authorized to handle N- other action is required under UMRA of applicable standards set forth in ethylhexedrone, a-PHP, 4-MEAP, 1995. sections 3(a) and 3(b)(2) of E.O. 12988 MPHP, PV8, or 4-chloro-a-PVP Paperwork Reduction Act of 1995 to eliminate drafting errors and specifically, as well as a number of ambiguity, minimize litigation, provide registered analytical labs that are This proposed action does not impose a clear legal standard for affected authorized to handle schedule I a new collection of information under conduct, and promote simplification controlled substances generally. From the Paperwork Reduction Act of 1995. and burden reduction. review of entity names, DEA estimates 44 U.S.C. 3501–3521. This proposed Executive Order 13132, Federalism these 34 registrations represent 29 action would not impose recordkeeping entities. Some of these entities are likely or reporting requirements on State or This proposed rulemaking does not to be large entities. However, since DEA local governments, individuals, have federalism implications warranting does not have information of registrant businesses, or organizations. An agency the application of E.O. 13132. The size and the majority of DEA registrants may not conduct or sponsor, and a proposed rule does not have substantial are small entities or are employed by person is not required to respond to, a direct effects on the States, on the small entities, DEA estimates a collection of information unless it relationship between the national maximum of 29 entities are small displays a currently valid OMB control government and the States, or the entities. Therefore, DEA conservatively number. distribution of power and estimates as many as 29 small entities responsibilities among the various List of Subjects in 21 CFR Part 1308 are affected by this proposed rule. levels of government. A review of the 34 registrations Administrative practice and Executive Order 13175, Consultation indicates that all entities that currently procedure, Drug traffic control, and Coordination With Indian Tribal handle N-ethylhexedrone, a-PHP, 4- Reporting and recordkeeping Governments MEAP, MPHP, PV8, or 4-chloro-a-PVP requirements. This proposed rule does not have also handle other schedule I controlled For the reasons set out above, DEA tribal implications warranting the substances, and thus they have proposes to amend 21 CFR part 1308 as application of E.O. 13175. It does not established and implemented (or follows: have substantial direct effects on one or maintain) the systems and processes PART 1308—SCHEDULES OF more Indian tribes, on the relationship required to handle N-ethylhexedrone, a- CONTROLLED SUBSTANCES between the Federal government and PHP, 4-MEAP, MPHP, PV8, and 4- a Indian tribes, or on the distribution of chloro- -PVP as a schedule I substance. ■ Therefore, DEA anticipates that this 1. The authority citation for part 1308 power and responsibilities between the continues to read as follows: Federal government and Indian tribes. proposed rule will impose minimal or no economic impact on any affected Authority: 21 U.S.C. 811, 812, 871(b), Regulatory Flexibility Act entities, and, thus, will not have a 956(b), unless otherwise noted. The Administrator, in accordance significant economic impact on any of ■ 2. Amend § 1308.11 by: with the Regulatory Flexibility Act, 5 the 29 affected small entities. Therefore, ■ a. Adding paragraphs (d)(94) through U.S.C. 601–612, has reviewed this DEA has concluded that this proposed (99); and proposed rule and by approving it rule will not have a significant ■ b. Removing and reserving paragraphs certifies that it will not have a economic impact on a substantial (h)(42) through (h)(47). significant economic impact on a number of small entities. The additions to read as follows: substantial number of small entities. On Unfunded Mandates Reform Act of 1995 July 18, 2019, DEA published an order § 1308.11 Schedule I. to temporarily place N-ethylhexedrone, In accordance with the Unfunded * * * * * a-PHP, 4-MEAP, MPHP, PV8, and 4- Mandates Reform Act (UMRA) of 1995, (d) * * *

(94) N-Ethylhexedrone (Other name: a-ethylaminohexanophenone) ...... 7246 (95) alpha-Pyrrolidinohexanophenone (Other names: a-PHP, a-pyrrolidino-hexanophenone, 1-phenyl-2-(pyrrolidin-1- yl)hexan-1-one) ...... 7544 (96) 4-Methyl-alpha-Ethylaminopentiophenone (Other names: 4-MEAP, 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one) .... 7245 (97) 4′-Methyl-alpha-pyrrolidinohexiophenone (Other names: MPHP, 4′-methyl-alpha- pyrrolidino hexanophenone; 1-(4- methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one) ...... 7446 (98) alpha-Pyrrolidinoheptaphenone (Other names: PV8, 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one) ...... 7548 (99) 4′-Chloro-alpha-Pyrrolidinovalerophenone (Other names: 4-chloro-a-PVP, 4-chloro-a-pyrrolidinopentiophenone, 1-(4- chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one) ...... 7443

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* * * * * submissions received must include the Riverway near Cable, Wisconsin. The words ‘‘National Park Service’’ or trail would be designed for hiking, trail Anne Milgram, ‘‘NPS’’ and must include the docket running, and bicycle and electric Administrator. number or RIN (1024–AE64) for this bicycle (e-bike) use, and silent sports in [FR Doc. 2021–15114 Filed 7–15–21; 8:45 am] rulemaking. Comments received may be the winter such as fat-tire bicycling, BILLING CODE 4410–09–P posted without change to snowshoeing, and cross-country skiing. www.regulations.gov, including any It would be the first trail at the Riverway personal information provided. open to bicycle use. Construction of the DEPARTMENT OF THE INTERIOR Docket: For access to the docket to trail would respond to a specific read background documents or opportunity identified by the NPS and National Park Service comments received, go to local partners to create a link across www.regulations.gov and search for public land to provide direct access to 36 CFR Part 7 ‘‘1024–AE64’’. the Riverway and new recreational [NPS–SACN–31398; PPMWMWROW2/ FOR FURTHER INFORMATION CONTACT: Julie opportunities within the Riverway and PMP00UP05.YP0000] Galonska, Superintendent, St. Croix on the Chequamegon Area Mountain Bike Association (CAMBA) trail RIN 1024–AE64 National Scenic Riverway; (715) 483– 2270, [email protected]. network in Bayfield County, Wisconsin. St. Croix National Scenic Riverway, SUPPLEMENTARY INFORMATION: The trail would be built from the end of Bicycling a segment of CAMBA’s Wild River Trail Background on a former railroad grade near the AGENCY: National Park Service, Interior. The Namekagon and St. Croix Rivers Town of Cable, connecting to Parker ACTION: Proposed rule. flow through some of the most scenic Road. The trail would provide a critical and least developed country in the link to adjoining trails and would serve SUMMARY: The National Park Service Upper Midwest. The free-flowing an important role providing proposes to amend the special character and exceptional water quality connectivity for several local trail regulations for St. Croix National Scenic of these waterways serve as a unique running and biking events that start or Riverway to allow bicycle use on a 0.25- ecological corridor in northwest finish in the Cable area. The bare soil mile connector trail across National Wisconsin and eastern Minnesota that trail would be built using sustainable Park Service land near Cable, sustains a diversity of aquatic and trail construction techniques to protect Wisconsin. The new trail would provide terrestrial wildlife and habitats. natural and cultural resources. The trail direct access to the Riverway and new In 1968, to preserve, protect, and would utilize landforms and natural recreational opportunities within the enhance this unique national resource features exhibiting the natural beauty of Riverway and on the Chequamegon for the benefit and enjoyment of present the area and would feature a slight Area Mountain Bike Association trail and future generations, Congress crown, shallow grades, open sight lines, network in Bayfield County, Wisconsin. established the St. Croix National and gentle turns to support user safety, National Park Service regulations Scenic Riverway, a 230-mile long provide adequate drainage to minimize require promulgation of a special protected area that includes the braiding, seasonal muddiness, and regulation to designate new trails for Namekagon River, as one of the original erosion, and reduce the overall bicycle use off park roads and outside eight rivers protected under the national maintenance costs associated with more of developed areas. Wild and Scenic Rivers Act. In 1972, the complex trail features. Signage would DATES: Comments on the proposed rule Lower St. Croix National Scenic clearly indicate allowed uses on the must be received by 11:59 p.m. EDT on Riverway was added to the National trail. Equestrian and motorized use September 14, 2021. Wild and Scenic Rivers System. would not be allowed. ADDRESSES: You may submit comments, Together, these areas form the Riverway. On September 22, 2020, the NPS identified by Regulation Identifier Today, the rivers continue to flow published the Cable Connector Trail Number (RIN) 1024–AE64, by either of unimpeded for considerable distances Environmental Assessment (EA). The the following methods: as they have for millennia, through the EA describes one action alternative (the (1) Electronically: Go to the Federal river corridor, growing and changing in preferred alternative) and the no-action eRulemaking Portal: character from their headwaters to the alternative. Under the preferred www.regulations.gov. Follow the St. Croix’s confluence with the alternative, the NPS would construct the instructions for submitting comments. Mississippi. The Riverway offers 0.25 mile Cable Connector Trail to (2) By hard copy: Mail to: exceptional recreational opportunities accommodate bicycle and e-bike use. Superintendent, St. Croix National for visitors to paddle, boat, camp, hike, The EA evaluates (1) the suitability of Scenic Riverway, 401 North Hamilton fish, explore, and find solitude in a the Cable Connector Trail for bicycle Street, St. Croix Falls, WI 54024. natural setting close to the major and e-bike use; and (2) life cycle Document Availability: The Cable metropolitan area of Minneapolis-Saint maintenance costs, safety Connector Trail Environmental Paul. The National Park Service (NPS) considerations, methods to prevent or Assessment and Finding of No and state partners work with local minimize user conflict, and methods to Significant Impact provide information communities to maintain the aquatic, protect natural and cultural resources and context for this proposed rule and cultural, recreational, riparian, scenic– and mitigate impacts associated with are available online at https:// aesthetic, and geologic values of the bicycle and e-bike use on the trail. The parkplanning.nps.gov/sacn by clicking rivers for the benefit and enjoyment of EA contains a full description of the the link entitled ‘‘Cable Connector more than 600,000 annual visitors. purpose and need for taking action, the Trail’’ and then clicking the link alternatives considered, a map of the entitled ‘‘Document List.’’ Cable Connector Trail Environmental affected area, and the environmental Instructions: Comments will not be Assessment impacts associated with the project. accepted by fax, email, or in any way The NPS proposes to construct a 0.25- After a public review period, on other than those specified above. All mile connector trail through the February 1, 2021, the Regional Director

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for DOI Unified Regions 3, 4 and 5 is consistent with the commonly used (c) Does not have significant adverse (Great Lakes) signed a Finding of No and official name of the Riverway. effects on competition, employment, Significant Impact (FONSI) that investment, productivity, innovation, or Compliance With Other Laws, identified the preferred alternative in the ability of U.S.-based enterprises to Executive Orders and Department the EA as the selected alternative. The compete with foreign-based enterprises. Policy EA and FONSI may be viewed on the Riverway’s planning website at https:// Regulatory Planning and Review Unfunded Mandates Reform Act parkplanning.nps.gov/sacn by clicking (Executive Orders 12866 and 13563) This rulemaking does not impose an unfunded mandate on State, local, or the link entitled ‘‘Cable Connector Executive Order 12866 provides that tribal governments or the private sector Trail’’ and then clicking the link the Office of Information and Regulatory of more than $100 million per year. The entitled ‘‘Document List.’’ Affairs in the Office of Management and rule does not have a significant or Proposed Rule Budget will review all significant rules. unique effect on State, local or tribal The Office of Information and This proposed rule would implement governments or the private sector. It Regulatory Affairs has determined that the selected alternative in the FONSI addresses public use of national park this rulemaking is not significant. and authorize the Superintendent to lands and imposes no requirements on Executive Order 13563 reaffirms the designate the new Cable Connector Trail other agencies or governments. A principles of Executive Order 12866 for traditional bicycle use. This action statement containing the information while calling for improvements in the would comply with NPS regulations 36 required by the Unfunded Mandates nation’s regulatory system to promote CFR 4.30, which require a special Reform Act (2 U.S.C. 1531 et seq.) is not predictability, to reduce uncertainty, regulation to designate new bicycle required. trails that require construction activities and to use the best, most innovative, off park roads and outside of developed and least burdensome tools for Takings (Executive Order 12630) areas. The proposed rule would add a achieving regulatory ends. The This rulemaking does not effect a new paragraph (g) to 36 CFR 7.9, which executive order directs agencies to taking of private property or otherwise contains the special regulations for the consider regulatory approaches that have takings implications under Riverway. After the trail is constructed, reduce burdens and maintain flexibility Executive Order 12630. A takings the rule would require the and freedom of choice for the public implication assessment is not required. Superintendent to notify the public where these approaches are relevant, prior to designating the trail for bicycle feasible, and consistent with regulatory Federalism (Executive Order 13132) use through one or more of the methods objectives. Executive Order 13563 Under the criteria in section 1 of listed in 36 CFR 1.7, and identify the emphasizes further that regulations Executive Order 13132, the rulemaking designation on maps available at must be based on the best available does not have sufficient federalism Riverway visitor centers and posted on science and that the rulemaking process implications to warrant the preparation the Riverway’s website (www.nps.gov/ must allow for public participation and of a federalism summary impact sacn). The proposed rule would also an open exchange of ideas. The NPS has statement. This proposed rule only authorize the superintendent to developed this rule in a manner affects use of federally-administered establish closures, conditions, or consistent with these requirements. lands and waters. It has no direct effects restrictions for bicycle use on the trail Regulatory Flexibility Act on other areas. A federalism summary after considering public health and impact statement is not required. safety, resource protection, and other This rulemaking would not have a management activities and objectives. significant economic effect on a Civil Justice Reform (Executive Order Bicycle use would not be authorized substantial number of small entities 12988) by the Superintendent until the NPS under the Regulatory Flexibility Act (5 This rulemaking complies with the completes the planning and U.S.C. 601 et seq.). This certification is requirements of Executive Order 12988. environmental review process required based on information contained in the This rule: by NPS regulations at 36 CFR 4.30, economic analyses found in the report (a) Meets the criteria of section 3(a) including the preparation of a written entitled ‘‘Cost-Benefit and Regulatory requiring that all regulations be determination that bicycle use on the Flexibility Threshold Analyses: reviewed to eliminate errors and new trail is consistent with the Proposed Rule to Designate a New Trail ambiguity and be written to minimize protection of the park area’s natural, Connection for Bicycle Use at St. Croix litigation; and scenic and aesthetic values, safety National Scenic Riverway.’’ The report (b) Meets the criteria of section 3(b)(2) considerations and management may be viewed on the Riverway’s requiring that all regulations be written objectives, and will not disturb wildlife planning website at https:// in clear language and contain clear legal or park resources. Consistent with NPS parkplanning.nps.gov/sacn by clicking standards. regulations at 36 CFR 4.30(i)(1), after the the link entitled ‘‘Cable Connector Cable Connector Trail is opened to Trail’’ and then clicking the link Consultation With Indian tribes traditional bicycles, the Superintendent entitled ‘‘Document List.’’ (Executive Order 13175 and may open the trail to e-bikes, or specific Department Policy) Congressional Review Act (CRA) classes of e-bikes, and will notify the The Department of the Interior strives public of any such action pursuant to 36 This rulemaking is not a major rule to strengthen its government-to- CFR 1.7. This rule would not affect the under 5 U.S.C. 804(2). This rule: government relationship with Indian use of any existing trails in the (a) Does not have an annual effect on Tribes through a commitment to Riverway, all of which would remain the economy of $100 million or more. consultation with Indian tribes and closed to bicycles. (b) Will not cause a major increase in recognition of their right to self- The proposed rule would also revise costs or prices for consumers, governance and tribal sovereignty. The the section heading from ‘‘St. Croix individual industries, Federal, State, or NPS has evaluated this rulemaking National Scenic Rivers’’ to ‘‘St. Croix local government agencies, or under the criteria in Executive Order National Scenic Riverway.’’ This change geographic regions. 13175 and under the Department’s tribal

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consultation policy and have been designated by the Administrator of personal identifying information—may determined that tribal consultation is OIRA as a significant energy action. A be made publicly available at any time. not required because the rule will have Statement of Energy Effects in not List of Subjects in 36 CFR Part 7 no substantial direct effect on federally required. recognized Indian tribes. Nevertheless, National parks, Reporting and Clarity of This Rule in support of the Department of the recordkeeping requirements. Interior and NPS commitment for The NPS is required by Executive In consideration of the foregoing, the government-to-government Orders 12866 (section 1(b)(12)) and National Park Service proposes to consultation, during the EA process, the 12988 (section 3(b)(1)(B)), and 13563 amend 36 CFR part 7 as set forth below: NPS shared information about the (section 1(a)), and by the Presidential proposed action with 18 federally Memorandum of June 1, 1998, to write PART 7—SPECIAL REGULATIONS, recognized American Indian Tribes and all rules in plain language. This means AREAS OF THE NATIONAL PARK invited them to consult on the project. that each rule the NPS publishes must: SYSTEM None of the 18 Tribes expressed interest (a) Be logically organized; ■ 1. The authority citation for part 7 in consultation. (b) Use the active voice to address continues to read as follows: Paperwork Reduction Act readers directly; (c) Use common, everyday words and Authority: 54 U.S.C. 100101, 100751, This rulemaking does not contain clear language rather than jargon; 320102; Sec. 7.96 also issued under D.C. information collection requirements, Code 10–137 and D.C. Code 50–2201.07. (d) Be divided into short sections and and a submission to the Office of sentences; and ■ 2. Amend § 7.9 by revising the section Management and Budget under the (e) Use lists and tables wherever heading and adding paragraph (g) to Paperwork Reduction Act is not read as follows: required. The NPS may not conduct or possible. sponsor and you are not required to If you feel that the NPS has not met § 7.9 St. Croix National Scenic Riverway. these requirements, send us comments respond to a collection of information * * * * * by one of the methods listed in the unless it displays a currently valid OMB (g) Bicycle Use. (1) The ADDRESSES section. To better help the control number. Superintendent may designate all or a NPS revise the rule, your comments portion of the following trail as open to National Environmental Policy Act should be as specific as possible. For bicycle use: example, you should identify the The NPS has prepared the EA to (i) Cable Connector Trail (full length numbers of the sections or paragraphs determine whether this rule will have a of the trail approximately 0.25 miles). that you find unclear, which sections or significant impact on the quality of the (ii) [Reserved] sentences are too long, the sections human environment under the National (2) A map showing trails open to where you feel lists or tables would be Environmental Policy Act of 1969. This bicycle use will be available at Riverway useful, etc. rule does not constitute a major Federal visitor centers and posted on the action significantly affecting the quality Public Participation Riverway website. The Superintendent of the human environment. A detailed will provide notice of all trails It is the policy of the Department of statement under the NEPA is not designated for bicycle use in accordance the Interior, whenever practicable, to required because of the FONSI. A copy with § 1.7 of this chapter. The afford the public an opportunity to of the EA and FONSI can be found Superintendent may limit, restrict, or participate in the rulemaking process. online at https://parkplanning.nps.gov/ impose conditions on bicycle use, or Accordingly, interested persons may sacn by clicking the link entitled ‘‘Cable close any trail to bicycle use, or submit written comments regarding this Connector Trail’’ and then clicking the terminate such conditions, closures, proposed rule by one of the methods link entitled ‘‘Document List.’’ limits, or restrictions in accordance with listed in the ADDRESSES section of this § 4.30 of this chapter. Effects on the Energy Supply (Executive document. Order 13211) Shannon A. Estenoz, Public Availability of Comments This rulemaking is not a significant Principal Deputy Assistant Secretary for Fish energy action under the definition in Before including your address, phone and Wildlife and Parks Exercising the Executive Order 13211; the rule is not number, email address, or other Delegated Authority of the Assistant Secretary likely to have a significant adverse effect personal identifying information in your for Fish and Wildlife and Parks. on the supply, distribution, or use of comment, you should be aware that [FR Doc. 2021–14933 Filed 7–15–21; 8:45 am] energy, and the rule has not otherwise your entire comment—including your BILLING CODE 4312–52–P

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Notices Federal Register Vol. 86, No. 134

Friday, July 16, 2021

This section of the FEDERAL REGISTER displays a currently valid OMB control example, investment in health care, contains documents other than rules or number. public safety and businesses can be proposed rules that are applicable to the enhanced or leveraged to expand the Rural Utilities Service public. Notices of hearings and investigations, availability and utilization of advanced committee meetings, agency decisions and Title: Special Authority to Enable broadband in rural areas. Smart rulings, delegations of authority, filing of Funding of Broadband and Smart Utility highways can facilitate vehicle to petitions and applications and agency Facilities Across Select Rural statements of organization and functions are infrastructure communications to examples of documents appearing in this Development Programs. enhance driver safety; smart water section. OMB Control Number: 0572–0156. systems can remotely detect Summary of Collection: The Rural contaminants before they pose a health Utilities Service, Rural Business- risk; smart pipelines can report leaks DEPARTMENT OF AGRICULTURE Cooperative Service, and Rural Housing and structural weaknesses before they Service, agencies that comprise the become dangerous; and smart grid Submission for OMB Review; Rural Development Mission Area within systems deliver enhanced security and Comment Request the United States Department of energy efficiency, as well as speed Agriculture, are issuing this final rule to recovery after an electric outage. The Department of Agriculture has establish the authority authorized by Through this regulation, RD enables submitted the following information Section 6210 of the Agriculture limited integration of broadband collection requirement(s) to Office of Improvement Act of 2018. This rule deployment with other rural Management and Budget (OMB) for describes the procedures by which these investments funded through its broad review and clearance under the agencies will consider projects eligible suite of programs. It does so without Paperwork Reduction Act of 1995, for special broadband authority and adding the burden of seeking funding Public Law 104–13. Comments are Smart Utility facilities. requested regarding: Whether the On December 20, 2018, Congress through separate program areas. collection of information is necessary passed The Agricultural Improvement Need and Use of the Information: The for the proper performance of the Act of 2018 (2018 Farm Bill) (Pub. L. collection of information is necessary functions of the agency, including 115–334). In addition to sweeping for RD to determine an applicant’s whether the information will have changes in broadband program ability to borrow under the terms of the practical utility; the accuracy of the authorities, Congress provided for 2018 Farm Bill and included programs agency’s estimate of burden including special use of funding from other RD and that the applicant complies with the validity of the methodology and programs for broadband deployment in statutory, regulatory, and administrative assumptions used; ways to enhance the Section 6210, ‘‘Smart Utility Authority eligibility requirements for loan quality, utility and clarity of the for Broadband.’’ The provision granted assistance. As part of that submission, information to be collected; ways to the Secretary of Agriculture the applicants are required to provide a minimize the burden of the collection of discretion to allow recipients of grants, service area map, where applicable, of information on those who are to loans, or loan guarantees under RD their entire service territory. respond, including through the use of programs to use not more than 10 Description of Respondents: appropriate automated, electronic, percent of such funding to finance Businesses or other for-profits. mechanical, or other technological broadband infrastructure in areas not Number of Respondents: 159. collection techniques or other forms of served by the minimum acceptable level Frequency of Responses: Annually. information technology. of broadband service, as defined in this Total Burden Hours: 239. Comments regarding this information Part, and which will not result in Dated: July 13, 2021. collection received by August 16, 2021 competitive harm to a current RD loan, Levi S. Harrell, will be considered. Written comments grant, or loan guarantee. While Section Departmental Information Collection and recommendations for the proposed 6210 only imposes the competitive Clearance Officer. information collection should be harm restriction with respect to RUS [FR Doc. 2021–15118 Filed 7–15–21; 8:45 am] submitted within 30 days of the loan, grant, and loan guarantee BILLING CODE 3410–15–P publication of this notice on the recipients, RD has determined to apply following website www.reginfo.gov/ the restriction RD-wide, consistent with public/do/PRAMain. Find this the statutory guidance on conflicts and DEPARTMENT OF AGRICULTURE particular information collection by duplications of awards provided in 7 selecting ‘‘Currently under 30-day U.S.C. 2204b(d)(2). Office of the Secretary Review—Open for Public Comments’’ or Rural community leaders, businesses by using the search function. and utilities must consider broadband [Docket No. AMS–TM–21–0058] An agency may not conduct or availability and uses as they plan for, Investments and Opportunities for sponsor a collection of information and implement, new and improved Meat and Poultry Processing unless the collection of information facilities and services to support Infrastructure displays a currently valid OMB control community and economic development. number and the agency informs While integration of communications AGENCY: Office of the Secretary, USDA. potential persons who are to respond to technology into a planned investment ACTION: Request for public comment. the collection of information that such can be used for internal purposes, it can persons are not required to respond to also serve as a catalyst to rural SUMMARY: On July 9, 2021, President the collection of information unless it broadband deployment efforts. For Biden issued an Executive Order on

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Promoting Competition in the American grew tighter when massive disruptions economic recovery, with a focus on Economy, laying out a whole-of- occurred across livestock operations, areas where there is a mismatch government approach to promoting processing facilities, and retail, with between supply and demand. In competition, which directs the U.S. some consumers experiencing furtherance of both the Executive Order Department of Agriculture (USDA) to constrained supplies of meat and on competition and the Task Force develop strategies to improve poultry products due to processing effort, USDA is interested in addressing competition in agricultural markets. shortages and panic buying. In parallel, competition constraints and supply This complements USDA’s efforts to those raising, processing, and preparing chain bottlenecks through strategic address meat and poultry processing our food earn less each year in a system investments in expanding meat and bottlenecks as part of the that continues to reward size without poultry processing capacity. To support Administration’s Supply Chain regard to resiliency or vulnerability of increased capacity and competition Disruptions Task Force (Task Force) and the system to shocks. The Biden-Harris across agricultural markets, USDA to Build Back Better following the Administration aims to Build Back anticipates committing $500 million in COVID–19 pandemic. To develop Better and strengthen the food system American Rescue Plan funds to address strategies that support the Executive by addressing the growing concentration challenges in meat and poultry Order and enhance competitiveness in and lack of competition that have processing infrastructure and the meat and poultry processing sector, plagued the meat and poultry capabilities through a combination of USDA is seeking input from the public processing sector for decades. By loans, grants, and technical assistance on how to invest an estimated $500 making strategic investments in the projects, as part of a broader post- million of American Rescue Plan funds addition and expansion of small- and pandemic Build Back Better effort. to improve infrastructure, increase medium-sized processing facilities, the Through this notice, USDA is capacity, and hasten diversification technical assistance necessary to bolster soliciting public comments on how to across the processing industry. USDA is local and regional capacity and markets, best address challenges and increase interested in your comments in and high-quality workforce competition in meat and poultry response to the topics, categories, and development and creative partnerships processing through $500 million in questions shown in the SUPPLEMENTARY that build local support for the sector, infrastructure and other investments. INFORMATION section of this notice. the Administration will support the USDA is looking at existing programs, DATES: We will consider comments that market’s transition towards a more combinations of programs, and we receive by August 30, 2021. diversified, transparent, and robust meat potentially new programs that can Comments received after that date will and poultry processing system. leverage the federal funds in combination with other funding sources be considered to the extent practicable. This is consistent with the Executive ADDRESSES: We invite you to submit (e.g., state and local investment, private, Order on Promoting Competition in the or philanthropic investment) to expand comments on this notice. You may American Economy that President submit comments by either of the and diversify meat and poultry Biden signed on July 9, 2021, laying out processing capacity and make the following methods: a whole-of-government competition • supply chain more resilient. In addition, Federal Rulemaking Portal: Go to policy. Designed to address the growing http://www.regulations.gov and search USDA is considering how to incorporate concentration that has a direct financial other priorities—including climate, for Docket ID AMS–TM–21–0058. impact on American families, farmers Follow the instructions for submitting racial equity, creating good-quality jobs and ranchers, and small businesses, the and support for underrepresented comments. Executive Order directs USDA, among • Mail: Sarah J. Helming, Whitten communities—into these programs. other agencies, to develop a range of While USDA has identified a general Building—Suite 312–E, 1400 strategies to enhance the competitive Independence Avenue SW, Washington, direction to target these through a landscape in American agriculture. combination of partnerships, loans, DC 20250. In your comment, specify Identifying opportunities to invest Docket ID AMS–TM–21–0058. grants, and technical assistance projects, directly in competition is one such we have a number of specific questions Comments will be available for strategy which may be particularly viewing online at www.regulations.gov. related to implementation (e.g., which beneficial in addressing the challenges mix of loans and grants would be most Comments received will be posted that farmers and ranchers in livestock without change, including any personal impactful to support competitiveness, and poultry face from high levels of increased capacity, and build resilience; information provided. In addition, market concentration in meat and comments will be available for public what type of customized investments poultry processing. Furthermore, are needed in different regions and for inspection at the above address during increasing capacity will help relieve business hours from 8 a.m. to 5 p.m., different size facilities; which technical bottlenecks stemming from assistance partners would be most Monday through Friday, except concentration in meat and poultry holidays. effective and efficient to develop, processing and complements work to deliver, and fill training gaps; what FOR FURTHER INFORMATION CONTACT: address vulnerabilities and mismatches types of partnerships will best leverage Sarah J. Helming, Supply Chain in America’s supply chains, commenced the federal investment and encourage Resiliency Coordinator (detailed), under a new Supply Chain Disruptions local support and long term viability). Marketing and Regulatory Programs; Task Force (Task Force), led by the To guide implementation of these funds (202) 799–7014; or email: Secretaries of Commerce, in an efficient and impactful way, [email protected]. Transportation, and Agriculture and in USDA is interested in your comments in SUPPLEMENTARY INFORMATION: Decades of support of ongoing supply chain work response to the topics, categories, and increasing concentration in the meat across the government in response to questions identified below. and poultry processing sector have Executive Order 14017 ‘‘America’s USDA requests input from a range of harmed farmers and ranchers and Supply Chains.’’ The Task Force stakeholders including, but not limited created a bottleneck and vulnerability in provides a whole-of-government to, producers, meat and poultry America’s food supply chain. During the response to address near-term supply processors, food supply chain workers, COVID–19 pandemic, this bottleneck chain challenges to our nation’s private sector, not-for-profits, trade

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associations, commodity boards, worker workforce needs of very small, small, opportunities for non-university organizations, workforce training and larger processors (e.g., access to students? What type and level of programs, lenders, community labor, training, safety considerations), funding would be required to support development organizations, State and particularly as related to regional such programs? local governments, community-based considerations and solutions? 2. Fair Treatment of Farmers and organizations, retailers, tribal • What factors should be considered Workers and Ownership organizations and governments, and when siting and designing a facility or others involved in this part of the renovation related to environmental Considerations supply chain (e.g., supplying and/or justice to encourage energy efficiency • What conditions should be placed transporting animals to processors and and minimize the climate and on federally funded projects to ensure products from processors, expanding or environmental impacts of the facility? fair and equitable outcomes (e.g., investing in processing facilities, • What regions show demonstrated requirement that jobs that can support providing technical support or training processing needs, at what levels, and for families; transparency in pricing; fair for such facilities). Submissions will be which species? dealing)? most helpful if they include reference • What constitutes sufficient actual • What conditions should be citations or website links to research, demand for small and very small included related to the sources of economic analyses, feasibility studies, processing facilities to keep a business materials being used to construct or evaluations or other supporting operational with appropriate cash flow? expand the facility (e.g., buy American)? documentation that support the For context, USDA defines a ‘‘small’’ • What steps would require or comments provided. Consortia establishment as those with 10 or more encourage the creation of high-quality responses are also encouraged. USDA employees but fewer than 500 jobs for workers employed during also notes that the information received employees; a ‘‘very small’’ construction and within the operational through this notice will supplement our establishment is one with fewer than 10 facility (e.g., prevailing wages and fair ongoing work to identify credit sources employees or less than $2.5 million in opportunities to collectively available for existing and new potential annual sales. Any establishment with bargaining)? processors and to conduct a study to 500 or more employees is considered • What health and safety standards examine the role of credit and financing ‘‘large’’; there is no mid-scale size would encourage a safe and healthy in expanding processing capacity as category. workplace? • • directed by the Consolidated How can USDA support access to Should USDA have the ability to Appropriations Act, 2021. processing services for smaller-scale block the sale of processing facilities producers? Are there opportunities for built or invested in through federal 1. General Considerations producers to engage in cooperative or funds to large or foreign-owned • What competition challenges and collaborative arrangements with each corporations? What other options risks might new entrants face from high other or other facilities to both ensure should USDA consider in order to levels of market concentration or other access and provide a sufficient supply prevent new, expanded, and successful relevant market conditions, and how for a plant to operate? If so, what facilities from being acquired by the can USDA and other Federal government assistance would be needed large corporations whose consolidated government agencies assist new entrants to facilitate that type of arrangement? operations can suffer from bottlenecks in mitigating those risks? What • What metrics illuminate the extent and create significant supply chain resources exist at the State, tribal, and of the competitive environment for the vulnerabilities? local level, as well as at academic products or services that producers and • Should the processer be required to research centers, to assist new entrants growers offer, including at the local purchase a minimum volume through in addressing competition challenges, level? What factors up and down the auctions or other public transactions? and how can the Federal government supply chain affect that competitive • If contracts are utilized, should support the effectiveness of those environment? practices like tournament systems that • resources? What seasonal throughput issues have been found to be prone to anti- • What type of investor, developer, or (e.g., under- and over-utilization during competitive abuse be prohibited? new entrant would be best positioned to parts of the year) or regional challenges Should contracts have at least a portion build a new facility, or expand an need to be considered for plant of the payments to producers be based existing facility, and who could fund it? expansion or development? on wholesale meat prices? • What level of experience is necessary How do processing needs and • If contract grower relationships are for success? challenges vary by species and by value- used that require a purpose-built • What business and operating added product types (e.g., organic, local, production facility, should contract be structures (e.g., cooperatives, farmer- grass-fed, kosher, halal)? Do these needs required to cover at least the length of owned facilities, sole proprietorship, require special types of funding (e.g., to the loan term? limited liability company, B encourage continued innovation)? • How can USDA and industry 3. Loans and Other Financing corporation, etc.) can sustain these Considerations operations? stakeholders partner with institutions of • How can workforce recruitment, higher education, including community While USDA is requesting feedback in training, and retention needs be colleges and other academic institutions the following three sections on loans, addressed to maintain or increase invested in the local community, such grants, and technical assistance, our processing capacity? as Tribal colleges or land grant intention is to combine and integrate • What key job working conditions, institutions, or other partners to start up these tools together along with strategic salary, benefits, and other facility and or expand meat and poultry operations partnerships to achieve the right mix of community attributes are needed to including workforce development and investments and support for processors. create and maintain an adequate training programs related to To that end, we have specific questions workforce? entrepreneurship, meat cutting, or other on partnerships and combined funding • What information is available to necessary skills? Could these programs opportunities in the last numbered help guide USDA’s understanding of serve as technical education section.

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• What financing tools facilitate expanding lending to tribally owned or industry practices, training on access to capital for small meat and affiliated meat and poultry processing equipment, new tools for safety)? poultry processing companies? In your operations? 6. Partnerships and Combined Funding response, please consider the stage of • What types of technical assistance Considerations corporate development (e.g., startup, or capacity building support would be • onsite expansion, restarting an idled useful to lenders interested in starting or Who can USDA partner with to best facility, new location), the potential use expanding lending to meat and poultry leverage the federal funds (e.g., State of funds (e.g., working capital, processing cooperatives? and local governments, private construction, credit lines, equipment), • investors, philanthropic organizations)? How could federal funds be best • and the type of financing (e.g., grants, leveraged with state and local resources Should loans and grants be installment loans, balloon payment (matching funds, in-kind support, combined to support these facilities? If loans, equity like investments). Please government assistance)? so, what criteria should be used to also consider the prospective borrowers’ determine what portion of the funds are type of business model (e.g., 4. Grant Considerations offered as loans versus grants? • cooperative, farmer joint-ownership, • Would a small plant expansion What conditions should be placed employee-ownership, mobile meat- and program structured similarly to USDA’s on grants or loans? If those conditions poultry processing operations). Meat and Poultry Inspection Readiness are not met, should the grants require • What financing tools facilitate Grant (MPIRG), but with a focus on repayment? If the conditions are met, provision of capital by lenders who expanding slaughter and processing should the loan be forgivable? In coordination with this public finance meat and poultry processors? In capacity for small federally inspected comment process, USDA anticipates your response, please consider the type plants, be beneficial? If so, at what hosting a series of stakeholder meetings of lender (e.g., bank, credit union, loan award ($) level per grant and for what to learn more about existing plants that fund) and the type of tool (e.g., loan types of costs? could serve as a model for other regions; guarantee, direct loan, debt to establish • What types of planning grants are identify plants that are looking to a revolving loan fund, grant to establish necessary that are not already covered expand; identify strategies to overcome a revolving loan fund). by an existing USDA grant or other • barriers to building new, maintaining, or What are the barriers or challenges financial assistance program? What expanding existing processing facilities; to financing tools (e.g., gap between other federal programs could finance or scope out financial needs to expand local lender expertise to support meat have funded processing efforts and with processing capacity; scope out the and poultry processing and the need for which USDA could partner? Are workforce challenges, including safety processing capacity), and are there sufficient grants available now for considerations, and needs for research, changes that can be made to existing business planning for new ventures, or innovation, and investment to address programs to mitigate these challenges? is that a gap that needs to be filled? • What type of upstream analysis of • workforce and workplace issues; and Are grant funds (or other funds) understand the non-financial barriers customers/product demand is needed to needed for marketing or outreach justify the level of lending or financial that USDA can break down to expand activities, including recruiting new this sector. support? participants in the industry? • What barriers, if any, exist that • Would pilot grants that provide Mae Wu, reduce the ability of meat and poultry awards to small plants for training and Deputy Under Secretary for Marketing and processor lenders to extend their other support (e.g., cover wage gap Regulatory Programs, U.S. Department of geography? Agriculture. • What barriers, if any, exist that during apprenticeships) to develop their [FR Doc. 2021–15145 Filed 7–15–21; 8:45 am] reduce the ability of meat and poultry local workforce be effective to address processor lenders to provide capital for some of the labor challenges associated BILLING CODE 3410–90–P multiple types of meat and poultry with operating a current, expanded, or new facility? processors (e.g., different meats and DEPARTMENT OF AGRICULTURE poultry, different size processors, 5. Technical Assistance Considerations cooperatives, tribally owned or tribally • What are the top priorities for Submission for OMB Review; affiliated operation)? Comment Request • What barriers, if any, exist that technical assistance that would facilitate reduce access to capital for very small processing expansion or increased The Department of Agriculture has and small meat and poultry processors? capacity (e.g., butchery for key markets, submitted the following information In your response, consider collateral, HACCP, humane handling best practices collection requirement(s) to OMB for capital, capacity, and other factors. for plant operators, labeling approval review and clearance under the • What are the most pressing needs of and processes, brand and market Paperwork Reduction Act of 1995, the meat and poultry processing sector development)? Public Law 104–13. Comments are • with regard to financing, and what Would regional or local cooperative requested regarding: Whether the action should USDA take in the agreements with strategic partners be collection of information is necessary immediate term to improve access to the best way to provide this type of for the proper performance of the capital for small and very small meat assistance, or are alternative ways functions of the agency, including and poultry processors? preferable and more effective? whether the information will have • What types of technical assistance • In what ways could technical practical utility; the accuracy of the or capacity building support would be assistance support best be deployed to agency’s estimate of burden including useful to lenders interested in starting or enhance competition and address the validity of the methodology and expanding their meat and poultry challenges in the marketplace, how is it assumptions used; ways to enhance the processing lending? best delivered, and by whom? quality, utility and clarity of the • What types of technical assistance • What workforce-related technical information to be collected; and ways to or capacity-building support would be assistance is most needed, how is it best minimize the burden of the collection of useful to lenders interested in starting or delivered, and by whom (e.g., best information on those who are to

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respond, including through the use of borrower assistance; servicing of loans; grantees operate on a sound basis and appropriate automated, electronic, eligibility for special servicing use grant funds for authorized purposes. mechanical, or other technological assistance such as: Payment subsidies, The Notice of Solicitation of collection techniques or other forms of moratorium (stop) on payments, Applications (NOSA), published in the information technology. delinquency workout agreements; Federal Register, provides instructions Comments regarding this information liquidation of loans; and, debt for completing an application. collection received by August 16, 2021 settlement. The information is used to Description of Respondents: Not-for will be considered. Written comments ensure that the direct Single Family profit institutions; State, Local or Tribal and recommendations for the proposed Housing Programs are administered in a Government. information collection should be manner consistent with legislative and Number of Respondents: 90. submitted within 30 days of the administrative requirements. Without Frequency of Responses: Reporting: publication of this notice on the the information RHS would be unable to Quarterly; Annually; Third party following website www.reginfo.gov/ determine if a borrower would qualify disclosure. public/do/PRAMain. Find this for services or if assistance has been Total Burden Hours: 4,194. particular information collection by granted to which the customer would Levi S. Harrell, selecting ‘‘Currently under 30-day not be eligible under current regulations Departmental Information Collection Review—Open for Public Comments’’ or and statutes. Clearance Officer. by using the search function. Description of Respondents: [FR Doc. 2021–15117 Filed 7–15–21; 8:45 am] An agency may not conduct or Individuals or households; Business or BILLING CODE 3410–XV–P sponsor a collection of information other for-profit; Not-for-profit unless the collection of information institutions. displays a currently valid OMB control Number of Respondents: 106,300. DEPARTMENT OF AGRICULTURE number and the agency informs Frequency of Responses: Reporting: potential persons who are to respond to On occasion; Annually. Animal and Plant Health Inspection the collection of information that such Total Burden Hours: 284,013. Service persons are not required to respond to Title: Rural Community Development the collection of information unless it Initiative (RCDI). [Docket No. APHIS–2021–0021] OMB Control Number: 0575–0180. displays a currently valid OMB control Notice of Availability of an number. Summary of Collection: Congress first authorized the Rural Community Environmental Assessment for Rural Housing Service Development Initiative (RCDI) in 1999 Release of Ganaspis brasiliensis for Biological Control of Spotted-Wing Title: 7 CFR 3550—Direct Single with an appropriation of $6 million Drosophila in the Continental United Family Housing Loan and Grant under the Rural Community States Program, HB–1–3550, HB–2–3550. Advancement Program (Pub. L. 106–78, OMB Control Number: 0575–0172. which was amended by the AGENCY: Animal and Plant Health Summary of Collection: USDA Rural Consolidated Appropriations Act, 2016 Inspection Service, Agriculture (USDA). Development (RD) is committed to (Pub. L. 114–113)). The Community ACTION: Notice of availability. helping improve the economy and Facilities Division under the Rural quality of life in rural America. RD’s Housing Service (RHS) administers this SUMMARY: We are advising the public Rural Housing Service (RHS or Agency) grant program. The intent of the RCDI that the Animal and Plant Health offers a variety of programs to build or grant program is to develop the capacity Inspection Service has prepared an improve housing and essential and ability of rural area recipients to environmental assessment relative to community facilities in rural areas. The undertake projects through a program of permitting the release of the insect Housing Act of 1949 provides the financial and technical assistance Ganaspis brasiliensis for the biological authority for the RHS’ direct single provided by qualified intermediary control of spotted-wing Drosophila family housing loan and grant programs. organizations. Intermediaries may be (Drosophila suzukii) in the continental The programs provide eligible private or public (including tribal) United States. Based on the applicants with financial assistance to organizations. Intermediaries are environmental assessment and other own adequate but modest homes in required to provide matching funds in relevant data, we have reached a rural areas. 7 CFR part 3550 sets forth an amount equal to the RCDI grant. preliminary determination that the the programs’ policies and the Eligible recipients are nonprofit release of this control agent within the programs’ procedures can be found in organizations, low-income rural continental United States will not have its accompanying handbooks communities, or federally recognized a significant impact on the quality of the (Handbook–1–3550 and Handbook–2– tribes. human environment. We are making the 3550). To originate and service direct Need and Use of the Information: The environmental assessment available to loans and grants that comply with the information will be collected from the public for review and comment. programs’ statute, policies, and applicants (intermediary organizations DATES: We will consider all comments procedures, RHS must collect applying for the grant), grantees that we receive on or before August 16, information from low- and very low- (intermediary organizations that are 2021. income applicants, third parties awarded the grant), recipients (entities ADDRESSES: You may submit comments associated with or working on behalf of that receive assistance from the by either of the following methods: the applicants, borrowers, and third intermediary), and beneficiaries (entities • Federal eRulemaking Portal: Go to parties associated with or working on or individuals that benefit from www.regulations.gov. Enter APHIS– behalf of the borrowers. RHS will collect assistance provided by the recipient) by 2021–0021 in the Search field. Select information using several forms. RHS staff in the National Office and the Documents tab, then select the Need and Use of the Information: Rural Development field offices. This Comment button in the list of RHS will collect information to verify information is used to determine documents. program eligibility requirements; applicant and recipient eligibility, • Postal Mail/Commercial Delivery: continued eligibility requirements for project feasibility, and to ensure that Send your comment to Docket No.

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APHIS–2021–0021, Regulatory Analysis documented in detail in an breakfasts served to children and Development, PPD, APHIS, Station environmental assessment (EA) titled participating in the National School 3A–03.8, 4700 River Road Unit 118, ‘‘Field Release of Ganaspis brasiliensis Lunch and School Breakfast Programs; Riverdale, MD 20737–1238. (Hymenoptera: Figitidae) for Biological to the maximum reimbursement rates, Supporting documents and any Control of Spotted-wing Drosophila, the maximum per lunch rate from comments we receive on this docket Drosophila suzukii (Diptera: Federal funds that a State can provide may be viewed at regulations.gov or in Drosophilidae), in the Continental a school food authority for lunches our reading room, which is located in United States’’ (January 2021). Based on served to children participating in the room 1620 of the USDA South Building, our findings in the EA, we are proposing National School Lunch Program; and to 14th Street and Independence Avenue to issue permits for the release of the the rate of reimbursement for a half-pint SW, Washington, DC. Normal reading insect Ganaspis brasiliensis (G–1 of milk served to non-needy children in room hours are 8 a.m. to 4:30 p.m., lineage) as a biological control agent to a school or institution that participates Monday through Friday, except reduce SWD infestations. We are in the Special Milk Program for holidays. To be sure someone is there to making the EA available to the public Children. The annual payments and help you, please call (202)–799–7039 for review and comment. We will rates adjustments for the National before coming. consider all comments that we receive School Lunch and School Breakfast FOR FURTHER INFORMATION CONTACT: Dr. on or before the date listed under the Programs reflect changes in the Food Colin D. Stewart, Assistant Director, heading DATES at the beginning of this Away From Home series of the Pests, Pathogens, and Biocontrol notice. Consumer Price Index for All Urban Permits, Permitting and Compliance The EA may be viewed on the Consumers. The annual rate adjustment Coordination, PPQ, APHIS, 4700 River regulations.gov website or in our for the Special Milk Program reflects Road Unit 133, Riverdale, MD 20737– reading room (see ADDRESSES above for changes in the Producer Price Index for 1238; (301) 851–2327; email: a link to regulations.gov and Fluid Milk Products. Further [email protected]. information on the location and hours of adjustments are made to these rates to SUPPLEMENTARY INFORMATION: The the reading room). You may also request reflect higher costs of providing meals Animal and Plant Health Inspection paper copies of the EA by calling or in Alaska, Guam, Hawaii, Puerto Rico, Service (APHIS) is proposing to issue writing to the person listed under FOR and the Virgin Islands. The payments permits for the release of the insect FURTHER INFORMATION CONTACT. Please and rates are prescribed on an annual Ganaspis brasiliensis in the continental refer to the title of the EA when basis each July. Overall, reimbursement United States for the biological control requesting copies. rates this year for the National School of spotted-wing Drosophila (Drosophila The EA has been prepared in Lunch, Breakfast Programs and the suzukii). The action is proposed to accordance with: (1) The National Special Milk Program either remained reduce the severity of damage to small Environmental Policy Act of 1969 the same or increased compared to last fruit crops from infestations of spotted- (NEPA), as amended (42 U.S.C. 4321 et year. wing Drosophila (SWD) in the seq.), (2) regulations of the Council on Special Note: For the school year continental United States. Environmental Quality for beginning July 1, 2021 and ending June SWD is native to East Asia. It was first implementing the procedural provisions 30, 2022, school food authorities detected in California, Italy, and Spain of NEPA (40 CFR parts 1500–1508), (3) operating the National School Lunch in 2008. It has since established in most USDA regulations implementing NEPA Program Seamless Summer Option fruit-growing regions in North America. (7 CFR part 1b), and (4) APHIS’ NEPA under Food and Nutrition Service- SWD lays eggs inside ripening fruits. Implementing Procedures (7 CFR part issued nationwide waivers #85 Feeding by SWD larvae results in the 372). (Nationwide Waiver to Allow the degradation of fruits, and the Done in Washington, DC, this 12th day of Seamless Summer Option through puncturing of the fruit skin may also July, 2021. School Year 2021–2022) and #86 provide a gateway for secondary Mark Davidson, (Nationwide Waiver to Allow Summer bacterial and fungal infections. Administrator, Animal and Plant Health Food Service Program Reimbursement Permitting the release of the G–1 Inspection Service. Rates in School Year 2021–2022) may lineage of Ganaspis brasiliensis is [FR Doc. 2021–15167 Filed 7–15–21; 8:45 am] receive the reimbursement rates necessary to reduce SWD populations in BILLING CODE 3410–34–P prescribed for the Summer Food Service non-crop habitats. This would reduce Program (85 FR 86901) in lieu of the the number of SWD that migrate into reimbursement rates established in this susceptible crops and would thereby DEPARTMENT OF AGRICULTURE notice. The Summer Food Service improve the effectiveness of other SWD Program reimbursement rates made control tools. Introducing and Food and Nutrition Service available to these school food establishing this larval parasitoid will authorities will similarly be updated uniquely contribute to suppression of National School Lunch, Special Milk, effective January 1, 2022 through a SWD because it attacks fly maggots and School Breakfast Programs, future notice published in the Federal inside the fruit (while most pesticides National Average Payments/Maximum Register. target only adult flies, and only two Reimbursement Rates DATES: These rates are effective from pupal parasitoids readily attack SWD). AGENCY: Food and Nutrition Service, July 1, 2021 through June 30, 2022. Classical biological control is a USDA. potentially useful management strategy ACTION: Notice. FOR FURTHER INFORMATION CONTACT: J. for an invasive pest species whenever Kevin Maskornick, Branch Chief, effective resident natural enemies are SUMMARY: This Notice announces the Program Monitoring and Operational lacking in the new distribution range. annual adjustments to the national Support Division, Child Nutrition APHIS’ review and analysis of the average payments, the amount of money Programs, Food and Nutrition Service, potential environmental impacts the Federal Government provides States United States Department of associated with the proposed release are for lunches, afterschool snacks, and Agriculture, 1320 Braddock Place, Suite

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401, Alexandria, VA 22314, 703–305– lunches. The section 11 National Adjustments to the national average 2537. Average Payment Factor for each payment rates for all lunches served SUPPLEMENTARY INFORMATION: reduced price lunch served is set at 40 under the National School Lunch cents less than the factor for each free Program, breakfasts served under the Background lunch. School Breakfast Program, and Special Milk Program for Children— As authorized under sections 8 and 11 afterschool snacks served under the Pursuant to section 3 of the Child of the Richard B. Russell National National School Lunch Program are Nutrition Act of 1966, as amended (42 School Lunch Act (42 U.S.C. 1757 and rounded down to the nearest whole U.S.C. 1772), the Department announces 1759a), maximum reimbursement rates cent. the rate of reimbursement for a half-pint for each type of lunch are prescribed by the Department in this Notice. These Special Milk Program Payments of milk served to non-needy children in For the period July 1, 2021 through a school or institution that participates maximum rates are to ensure equitable disbursement of Federal funds to school June 30, 2022, the rate of reimbursement in the Special Milk Program for food authorities. for a half-pint of milk served to a non- Children. This rate is adjusted annually Performance-Based Reimbursement— needy child in a school or institution to reflect changes in the Producer Price In addition to the funding mentioned that participates in the Special Milk Index for Fluid Milk Products, above, school food authorities certified Program is 22.00 cents reflecting an published by the Bureau of Labor as meeting the meal pattern and increase of 1.75 cents from the School Statistics of the Department of Labor. nutrition standard requirements set Year (SY) 2020–2021 level. This change National School Lunch and School forth in 7 CFR parts 210 and 220 are is based on the 9.44 percent increase in Breakfast Programs—Pursuant to eligible to receive performance-based the Producer Price Index for Fluid Milk sections 11 and 17A of the Richard B. cash assistance for each reimbursable Products from May 2020 to May 2021. Russell National School Lunch Act, (42 lunch served (an additional seven cents As a reminder, schools or institutions U.S.C. 1759a and 1766a), and section 4 per lunch available beginning July 1, with pricing programs that elect to serve of the Child Nutrition Act of 1966 (42 2019, and adjusted annually thereafter). milk free to eligible children continue to U.S.C. 1773), the Department annually Afterschool Snack Payments in receive the average cost of a half-pint of announces the adjustments to the Afterschool Care Programs—Section milk (the total cost of all milk purchased National Average Payment Factors and 17A of the Richard B. Russell National during the claim period divided by the to the maximum Federal reimbursement School Lunch Act (42 U.S.C. 1766a) total number of purchased half-pints) rates for lunches and afterschool snacks establishes National Average Payments for each half-pint served to an eligible served to children participating in the for free, reduced price and paid child. National School Lunch Program and afterschool snacks as part of the breakfasts served to children National School Lunch Program. National School Lunch Program participating in the School Breakfast Breakfast Payment Factors—Section 4 Payments Program. Adjustments are prescribed of the Child Nutrition Act of 1966 (42 Overall, payments for the National each July 1, based on changes in the U.S.C. 1773) establishes National School Lunch Program and the Food Away From Home series of the Average Payment Factors for free, Afterschool Snack Program either Consumer Price Index for All Urban reduced price, and paid breakfasts remained the same or increased from Consumers, published by the Bureau of served under the School Breakfast last year’s payments due to a 4.04 Labor Statistics of the Department of Program and additional payments for percent increase in the national average Labor. free and reduced price breakfasts served payment rates for schools and Lunch Payment Levels—Section 4 of in schools determined to be in ‘‘severe residential child care institutions for the the Richard B. Russell National School need’’ because they serve a high period July 1, 2021 through June 30, Lunch Act (42 U.S.C. 1753) provides percentage of needy children. 2022 in the Consumer Price Index for general cash for food assistance All Urban Consumers for the food away Adjusted Payments payments to States to assist schools in from home series during the 12-month purchasing food. The Richard B. Russell The following specific section 4, period May 2020 to May 2021 (from a National School Lunch Act provides section 11, and section 17A National level of 291.709 in May 2020, as two different section 4 payment levels Average Payment Factors and maximum previously published in the Federal for lunches served under the National reimbursement rates for lunch, the Register to 303.481 in May 2021). School Lunch Program. The lower afterschool snack rates, and the These changes are reflected below. payment level applies to lunches served breakfast rates are in effect from July 1, Section 4 National Average Payment by school food authorities in which less 2021 through June 30, 2022. Due to a Factors—In school food authorities that than 60 percent of the lunches served in higher cost of living, the average served less than 60 percent free and the school lunch program during the payments and maximum reduced price lunches in School Year second preceding school year were reimbursements for Alaska, Guam, (SY) 2019–2020, the payments for meals served free or at a reduced price. The Hawaii, Puerto Rico, and the Virgin served are: Contiguous States—paid higher payment level applies to lunches Islands are higher than those for all rate—35 cents (2 cents increase from the served by school food authorities in other States. The District of Columbia SY 2020—2021 level), free and reduced which 60 percent or more of the lunches uses figures specified for the contiguous price rate—35 cents (2 cents increase), served during the second preceding States. These rates do not include the maximum rate—43 cents (2 cents school year were served free or at a value of USDA Foods or cash-in-lieu of increase); Alaska—paid rate—57 cents reduced price. USDA Foods which schools receive as (3 cents increase), free and reduced To supplement these section 4 additional assistance for each meal price rate—57 cents (3 cents increase), payments, section 11 of the Richard B. served to participants under the maximum rate—68 cents (3 cents Russell National School Lunch Act (42 Program. A notice announcing the value increase); Guam, Hawaii, Puerto Rico, U.S.C. 1759 (a)) provides special cash of USDA Foods and cash-in-lieu of and the Virgin Islands—paid rate—41 assistance payments to aid schools in USDA Foods is published separately in cents (2 cents increase), free and providing free and reduced price the Federal Register. reduced price rate—41 cents (2 cents

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increase), maximum rate—49 cents (2 and 0 cents (4 cents increase from the Rico and the Virgin Islands—free cents increase). SY 2020–2021 level), reduced price breakfast—2 dollars and 29 cents (8 In school food authorities that served snack—50 cents (2 cents increase), paid cents increase), reduced price 60 percent or more free and reduced snack—9 cents (1 cent increase); breakfast—1 dollar and 99 cents (8 cents price lunches in School Year 2019– Alaska—free snack –1 dollar and 63 increase), paid breakfast—38 cents (1 2020, payments are: Contiguous cents (7 cents increase), reduced price cent increase). States—paid rate—37 cents (2 cents snack—81 cents (3 cents increase), paid For schools in ‘‘severe need’’ the increase from the SY 2020–2021 level), snack—14 cents (no change); Guam, payments are: Contiguous States—free free and reduced price rate—37 cents (2 Hawaii, Puerto Rico and the Virgin breakfast—2 dollars and 35 cents (9 cents increase), maximum rate—43 Islands—free snack—1 dollar and 17 cents increase from the SY 2020–2021 cents (2 cents increase); Alaska—paid cents (4 cents increase), reduced price level), reduced price breakfast—2 rate—59 cents (3 cents increase), free snack—58 cents (2 cent increase), paid dollars and 5 cents (9 cents increase), and reduced price rate—59 cents (3 snack—10 cents (no change). paid breakfast—33 cents (1 cent cents increase), maximum rate—68 increase); Alaska—free breakfast—3 School Breakfast Program Payments cents (3 cents increase); Guam, Hawaii, dollars and 78 cents (14 cents increase), Puerto Rico and the Virgin Islands— Overall, payments for the National reduced price breakfast—3 dollars and paid rate—43 cents (2 cents increase), School Breakfast Program either 48 cents (14 cents increase), paid free and reduced price rate—43 cents (2 remained the same or increased from breakfast—50 cents (1 cent increase); cents increase), maximum rate—49 last year’s payments due to a 4.04 Guam, Hawaii, Puerto Rico and the cents (2 cents increase). percent increase in the national average Virgin Islands—free breakfast—2 dollars School food authorities certified to payment rates for schools and and 74 cents (10 cents increase), receive the performance-based cash residential child care institutions for the reduced price breakfast—2 dollars and assistance will receive an additional 7 period July 1, 2021 through June 30, 44 cents (10 cents increase), paid cents (adjusted annually) added to the 2022 in the Consumer Price Index for breakfast—38 cents (1 cent increase). above amounts as part of their section All Urban Consumers in the Food Away Payment Chart 4 payments. from Home series during the 12-month Section 11 National Average Payment period May 2020 to May 2021 (from a The following chart illustrates the Factors—Contiguous States—free level of 291.709 in May 2020, as lunch National Average Payment lunch—3 dollars and 31 cents (13 cents previously published in the Federal Factors with the sections 4 and 11 increase from the SY 2020–2021 level), Register to 303.481 in May 2021). already combined to indicate the per reduced price lunch—2 dollars and 91 These changes are reflected below. lunch amount; the maximum lunch cents (13 cents increase); Alaska—free For schools ‘‘not in severe need’’ the reimbursement rates; the reimbursement lunch—5 dollars and 37 cents (21 cents payments are: Contiguous States—free rates for afterschool snacks served in increase), reduced price lunch—4 breakfast—1 dollar and 97 cents (8 cents afterschool care programs; the breakfast dollars and 97 cents (21 cents increase); increase from the SY 2020–2021 level), National Average Payment Factors Guam, Hawaii, Puerto Rico and the reduced price breakfast—1 dollar and 67 including severe need schools; and the Virgin Islands—free lunch—3 dollars cents (8 cents increase), paid breakfast— milk reimbursement rate. All amounts and 87 cents (15 cents increase), 33 cents (1 cent increase); Alaska—free are expressed in dollars or fractions reduced price lunch—3 dollars and 47 breakfast—3 dollars and 15 cents (12 thereof. The payment factors and cents (15 cents increase). cents increase), reduced price reimbursement rates used for the Afterschool Snacks in Afterschool breakfast—2 dollars and 85 cents (12 District of Columbia are those specified Care Programs—The payments are: cents increase), paid breakfast—50 cents for the contiguous States. Contiguous States—free snack—1 dollar (1 cent increase); Guam, Hawaii, Puerto BILLING CODE 3410–30–P

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SCHOOL PROGRAMS MEAL, SNACK AND MILK PAYMENTS TO STATES AND SCHOOL FOOD AUTHORITIES Expressed in Dollars or Fractions Thereof Effective from: July 1, 2021 -June 30, 2022 LESS LESS 60% or MAXIMUM NATIONAL SCHOOL LlJNCH THAN 60% OR M~XIMUM THAN MORE+ RATE+7 PROGRAJ\,f 60% +7 MORI<: RATE 60% 7 cents2 cents2 cents2

PAlD 0.35 0.42 0.37 0.44 0.43 0.50 CONTIGUOUS REDUCED PRICE 3.26 3.33 3.28 3.35 3.43 3.59 STATES

FREE 3.66 3.73 3.68 3.75 3.83 3.90

PAID 0.57 0.64 0.59 0.66 0.68 0.75

AIASKA REDUCED PRICE 5.54 5.61 5.56 5.63 5.79 5.86

FREE 5.94 6.01 5.96 6.03 6.19 6.26

GUAM, PAID 0.41 0.48 0.43 0.50 0.49 0.56 HAWAII, PUERTO RICO REDUCED PRICE 3.88 3.95 3.90 3.97 4.07 4.14 and VIRGIN ISIANDS FREE 4.28 4.35 4.30 4.37 4.47 4.54

SCHOOL BRFAKFAST PROGRAM NON-SEVERE NEED SEVERENEED

PAID 0.33 0.33 CONTIGUOUS STA TES REDUCED PRICE 1.67 2.05 FREE 1.97 2.35 PAID 0.50 0.50 AIASKA REDUCED PRICE 2.85 3.48 FREE 3.15 3.78 PAID 0.38 0.38 GUAM, HAW All, PUERTO RICO REDUCED PRICE 1.99 2.44 and VIRGIN ISIANDS FREE 2.29 2.74 ALL PAID SPECIAL J\.,llLKPROGRAM FREEJ\.,llLK MILK J\.,llLK PRICING PROGRAMS WITHOUT FREE OPTION 0.2200 NIA NIA

Average Cost Per 1/2 Pint of PRICING PROGRAMS WITII PREE OPTION NIA 0.2200 Milk

NONPRICING PROGRAMS 0.2200 NIA NIA AFIERSCHOOL SNACKS SERVED IN AFIERSCHOOL CARE PROGRAMS PAID 0.09 CONTIGUOUS STA TES REDUCED PRICE 0.50 FREE 1.00 PAID 0.14 AIASKA REDUCED PRICE 0.81 FREE 1.63 PAID 0.10 GUAM, HA WAH, PUERTO RICO and VIRGIN REDUCED PRICE 0.58 ISIANDS FREE 1.17

1 Payment listed for Free and Reduced Price Lunches include both section 4 and section 11 funds 2 Perfonnance-based cash reimbursement (adjusted annually for inflation)

BILLING CODE 3410–30–C This action is not a rule as defined by 601–612) and thus is exempt from the the Regulatory Flexibility Act (5 U.S.C. provisions of that Act. This notice has

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been determined to be exempt under OMB Docket Number: 0575–0043. burden of the collection of information Executive Order 12866. Expiration Date of Approval: on those who are to respond, including In accordance with the Paperwork December 31, 2021. through the use of appropriate Reduction Act of 1995 (44 U.S.C. 3507), Type of Request: Revision of currently automated, electronic, mechanical, or no new recordkeeping or reporting approved information collection. other technological collection requirements have been included that Abstract: This subpart set forth the techniques or other forms of information are subject to approval from the Office policies and procedures and delegates technology. All responses to this notice of Management and Budget. authority for providing technical will be summarized and included in the National School Lunch, School assistance funds to eligible applicants to request for OMB approval. All Breakfast, and Special Milk Programs finance programs of technical and comments will become a matter of are listed in the Catalog of Federal supervisory assistance for self-help public record. Domestic Assistance under No. 10.555, housing loan program, as authorized No. 10.553, and No. 10.556, under section 523 of the Housing Act of Chadwick A. Parker, respectively, and are subject to the 1949 under 42 U.S.C. 1472. This Acting Administrator, Rural Housing Service. provisions of Executive Order 12372, financial assistance may pay part or all [FR Doc. 2021–15104 Filed 7–15–21; 8:45 am] which requires intergovernmental of the cost of developing, administering, BILLING CODE P consultation with State and local or coordinating a program of technical officials (See 2 CFR 415.3–415.6). and supervisory assistance to aid very Authority: Sections 4, 8, 11, and 17A low- and low-income families in DEPARTMENT OF COMMERCE of the Richard B. Russell National carrying out self-help housing efforts in School Lunch Act, as amended, (42 rural areas. The primary purpose is to Foreign-Trade Zones Board U.S.C. 1753, 1757, 1759a, 1766a) and locate and work with families that [S–100–2021] sections 3 and 4(b) of the Child otherwise do not qualify as Nutrition Act, as amended, (42 U.S.C. homeowners, are below low and very Foreign-Trade Zone 50—Long Beach, 1772 and 42 U.S.C. 1773(b)). low incomes, and living in substandard California, Application for Expansion housing. RHS will be collecting of Subzone 50R, VF Outdoor, LLC, Cynthia Long, information from non-profit Corona, Ontario, and Santa Fe Springs, Acting Administrator, Food and Nutrition organizations to enter into grant California Service. agreements. These non-profit [FR Doc. 2021–15107 Filed 7–15–21; 8:45 am] organizations will give technical and An application has been submitted to BILLING CODE 3410–30–P supervisory assistance, and in doing so, the Foreign-Trade Zones (FTZ) Board by they must develop a final application the Port of Long Beach, grantee of FTZ for section 523 grant funds. This 50, requesting an expansion of Subzone DEPARTMENT OF AGRICULTURE application includes Agency forms that 50R on behalf of VF Outdoor, LLC, located in Ontario, California. The Rural Housing Service contain essential information for deciding eligibility. application was submitted pursuant to the provisions of the Foreign-Trade Information Collection Activities: Estimate of Burden: Public reporting Zones Act, as amended (19 U.S.C. 81a– Revision of a Currently Approved burden for this collection of information 81u), and the regulations of the FTZ Information Collection; Comment is estimated to average 1.08 hours per Board (15 CFR part 400). It was formally Request; Self-Help Technical response. docketed on July 12, 2021. Assistance Grants Respondents: Public or private nonprofit organizations, State, Local or Subzone 50R consists of the following AGENCY: Rural Housing Service, USDA. Tribal Governments. sites: Site 1 (13.55 acres) 3950 East ACTION: 60-Day notice and request for Estimated Number of Respondents: Airport Drive, Ontario, San Bernardino comments. 70. County; Site 2 (22.09 acres) 15614– Estimated Number of Responses per 15620 and 15700 Shoemaker Avenue, SUMMARY: In accordance with the Respondent: 30.94. Santa Fe Springs, Los Angeles County; Paperwork Reduction Act of 1995, this Estimated Number of Responses: and, Site 3 (11.5 acres) 2571 Sampson notice announces the intention of the 2,166. Avenue, Corona, Riverside County. Rural Housing Service (RHS) to request Estimated Total Annual Burden on The applicant is now requesting an extension for a currently approved Respondents: 2,345. authority to expand the subzone to information collection in support of the Copies of this information collection include an additional site (54.78 acres) program for Self-Help Technical can be obtained from Kimble Brown, located at 5051 South Carpenter Assistance Grants. Innovation Center—Regulations Avenue, Ontario, San Bernardino DATES: Comments on this notice must be Management Division, at (202) 720– County, which would be designated as received by September 14, 2021 to be 6780. Site 4. The expanded subzone would be Comments: Comments are invited on: assured of consideration. subject to the existing activation limit of (a) Whether the proposed collection of FTZ 50. FOR FURTHER INFORMATION CONTACT: information is necessary for the proper In accordance with the FTZ Board’s Andrea Birmingham, Finance and Loan performance of the functions of the regulations, Qahira El-Amin of the FTZ Analyst, Single Family Housing Direct RHS, including whether the information Staff is designated examiner to review Loan Division, RHS, U.S. Department of will have practical utility; (b) the the application and make Agriculture, Stop 0783, 1400 accuracy of RHS’s estimate of the recommendations to the Executive Independence Ave. SW, Washington, burden of the proposed collection of Secretary. DC 20250–0783, Telephone (202) 720– information including the validity of the Public comment is invited from 1489. methodology and assumptions used; (c) interested parties. Submissions shall be SUPPLEMENTARY INFORMATION: ways to enhance the quality, utility, and addressed to the FTZ Board’s Executive Title: 7 CFR 1944–I, Self-Help clarity of the information to be Secretary and sent to: [email protected]. The Technical Assistance Grants. collected; and (d) ways to minimize the closing period for their receipt is August

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25, 2021. Rebuttal comments in DEPARTMENT OF COMMERCE (ACCESS). ACCESS is available to response to material submitted during registered users at http:// the foregoing period may be submitted International Trade Administration access.trade.gov. In addition, a complete during the subsequent 15-day period to [C–533–884] version of the Preliminary Decision September 9, 2021. Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. A copy of the application will be Glycine From India: Preliminary available for public inspection in the Results of Countervailing Duty Scope of the Order Administrative Review; 2018–2019 ‘‘Reading Room’’ section of the FTZ The merchandise covered by the order Board’s website, which is accessible via AGENCY: Enforcement and Compliance, is glycine from India. For a complete www.trade.gov/ftz. International Trade Administration, description of the scope of the order, see Department of Commerce. For further information, contact the Preliminary Decision Memorandum. Qahira El-Amin at Qahira.El-Amin@ SUMMARY: The Department of Commerce trade.gov. (Commerce) preliminarily determines Methodology that countervailable subsidies are being Commerce is conducting this review Dated: July 12, 2021. provided to producers and exporters of in accordance with section 751(a)(1)(A) Andrew McGilvray, glycine from India for the period of of the Tariff Act of 1930, as amended Executive Secretary. review (POR) September 4, 2018, (the Act). For each of the subsidy through December 31, 2019. The [FR Doc. 2021–15128 Filed 7–15–21; 8:45 am] programs found countervailable, we preliminary net subsidy rates are listed BILLING CODE 3510–DS–P preliminarily determine that there is a below in the section titled ‘‘Preliminary subsidy, i.e., a financial contribution Results of Administrative Review.’’ that gives rise to a benefit to the Interested parties are invited to DEPARTMENT OF COMMERCE recipient, and the subsidy is specific.4 comment on these preliminary results. Foreign-Trade Zones Board For a full description of the DATES: Applicable July 16, 2021. methodology underlying our FOR FURTHER INFORMATION CONTACT: conclusions, see the Preliminary [B–23–2021] Davina Friedmann, AD/CVD Decision Memorandum. Operations, Office VI, Enforcement and On June 11, 2021, we initiated an Foreign-Trade Zone (FTZ) 7— Compliance, International Trade investigation of newly alleged subsidy Mayaguez, Puerto Rico, Authorization Administration, U.S. Department of programs.5 Because we did not receive of Production Activity, IPR Commerce, 1401 Constitution Avenue information from the Government of Pharmaceuticals, Inc. (Pharmaceutical NW, Washington, DC 20230; telephone: India, Avid Organics Private Limited Products), Canovanas, Puerto Rico (202) 482–0698. (Avid), or Kumar Industries (India) SUPPLEMENTARY INFORMATION: On March 15, 2021, IPR (Kumar) related to the new subsidy programs in time to evaluate them for Pharmaceuticals, Inc., submitted a Background purposes of these preliminary results of notification of proposed production On August 6, 2020, Commerce review, we intend to issue post- activity to the FTZ Board for its facility published a notice of initiation of preliminary review results that administrative review of the within FTZ 7, in Canovanas, Puerto incorporate these programs.6 Rico. countervailing duty order on glycine from India.1 On March 2, 2021, The notification was processed in Companies Not Selected for Individual Commerce extended the deadline for Review accordance with the regulations of the issuing the preliminary results of FTZ Board (15 CFR part 400), including review.2 The revised deadline for these For companies not selected for notice in the Federal Register inviting preliminary results of review is now individual review, because the 2019 public comment (86 FR 15642, March June 30, 2021. subsidy rates calculated for Avid and 24, 2021). On July 13, 2021, the For a complete description of the Kumar were above de minimis and not applicant was notified of the FTZ events that followed the initiation of based on facts available, we have Board’s decision that no further review this review, see the Preliminary preliminarily calculated a subsidy rate of the activity is warranted at this time. Decision Memorandum.3 A list of topics based on a weighted-average of the The production activity described in the discussed in the Preliminary Decision subsidy rates calculated for Avid and notification was authorized, subject to Memorandum is included at Appendix Kumar using publicly ranged sales data the FTZ Act and the FTZ Board’s I to this notice. The Preliminary submitted by respondents.7 For 2018, regulations, including Section 400.14. Decision Memorandum is a public we preliminarily assigned to the companies not individually examined a Dated: July 13, 2021. document and is on file electronically via Enforcement and Compliance’s subsidy rate of 3.58 percent, which is Andrew McGilvray, Antidumping and Countervailing Duty the 2018 subsidy rate calculated for Executive Secretary. Centralized Electronic Service System Avid for these preliminary results of [FR Doc. 2021–15126 Filed 7–15–21; 8:45 am] BILLING CODE 3510–DS–P 1 See Initiation of Antidumping and 4 See sections 771(5)(B) and (D) of the Act Countervailing Duty Administrative Reviews, 85 FR regarding financial contribution; section 771(5)(E) 47731 (August 6, 2020). of the Act regarding benefit; and section 771(5A) of 2 See Memorandum, ‘‘Glycine from India: the Act regarding specificity. Extension of Time Limit for Preliminary Results,’’ 5 See Memorandum, ‘‘Administrative Review of dated March 2, 2021. the Countervailing Duty Order on Glycine from 3 See Memorandum, ‘‘Decision Memorandum for India; 2018–2019, New Subsidy Allegations,’’ dated the Affirmative Preliminary Determination: First June 17, 2021. Administrative Review of Glycine from India,’’ 6 See Preliminary Decision Memorandum. dated concurrently with, and hereby adopted by, 7 See Memorandum, ‘‘Calculation of Subsidy Rate this notice (Preliminary Decision Memorandum). for Non-Selected Companies,’’ dated June 30, 2021.

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review.8 This methodology for time for parties to file a request for a Compliance using Enforcement and establishing the subsidy rate for the statutory injunction has expired (i.e., Compliance’s ACCESS system.18 non-selected companies is consistent within 90 days of publication). Requests should contain the party’s with our practice and with section name, address, and telephone number, Cash Deposit Requirements 705(c)(5)(A) of the Act. For additional the number of participants, whether any information, see the Preliminary In accordance with section 751(a)(1) participant is a foreign national, and a Decision Memorandum. of the Act, Commerce intends to instruct list of the issues to be discussed. Issues CBP to collect cash deposits of raised in the hearing will be limited to Preliminary Results of Administrative estimated countervailing duties in the Review those raised in the respective case and amounts shown for 2019 for each of the rebuttal briefs.19 If a request for a In accordance with 19 CFR companies listed above with regard to hearing is made, Commerce intends to 351.221(b)(4), we determine the the subject merchandise entered, or hold the hearing at a time and date to following preliminary net subsidy rates withdrawn from warehouse, for be determined. Parties should confirm for the 2018–2019 administrative consumption on or after the date of the date and time of the hearing two review: publication of the final results of this days before the scheduled date. Parties review. For all non-reviewed firms, we are reminded that all briefs and hearing 2018 2019 will instruct CBP to continue to collect Subsidy rate Subsidy rate requests must be filed electronically Company (percent ad (percent ad cash deposits at the most recent using ACCESS and received valorem) valorem) company-specific or all-others rate successfully in their entirety by 5:00 applicable to the company, as p.m. Eastern Time on the due date. Avid appropriate. These cash deposit Unless the deadline is extended Organics requirements, when imposed, shall pursuant to section 751(a)(3)(A) of the Private remain in effect until further notice. Limited 9 3.92 4.38 Act, Commerce intends to issue the final Kumar In- Disclosure and Public Comment results of this administrative review, dustries including the result of our analysis of (India) 10 11 0.00 3.72 We will disclose to parties of this the issues raised by the parties in their Mulji Mehta proceeding the calculations performed comments, no later than 120 days after Enter- in reaching the preliminary results the date of publication of this notice, prises ..... 3.92 4.01 within five days of the date of pursuant to section 751(a)(3)(A) of the Mulji Mehta publication of these preliminary Act and 19 CFR 351.213(h), unless this Pharma .. 3.92 4.01 results.12 deadline is extended. Paras Inter- As a result of the Department’s mediates intention to release a post-preliminary Administrative Protective Order Private analysis memorandum, interested Limited ... 3.92 4.01 This notice serves as a reminder to Studio Dis- parties may submit case briefs on both parties subject to administrative rupt ...... 3.92 4.01 the preliminary results and on the post- protective order (APO) of their preliminary analysis memorandum no responsibility concerning the Assessment Rates later than seven days after the destruction of proprietary information disclosure of the calculations performed disclosed under APO in accordance Consistent with section 751(a)(2)(C) of in connection with the post-preliminary with 19 CFR 351.305(a)(3). Timely the Act, upon issuance of the final analysis memorandum.13 Rebuttal written notification of return or results, Commerce shall determine, and briefs, limited to issues raised in the destruction of APO materials or U.S. Customs and Border Protection case briefs, may be filed no later than conversion to judicial protective order is (CBP) shall assess, countervailing duties seven days after the date for filing case hereby requested. Failure to comply on all appropriate entries covered by briefs.14 15 Parties who submit this review. Commerce intends to issue with the regulations and the terms of an arguments are requested to submit with APO is a sanctionable violation. assessment instructions to CBP no the argument: (1) A statement of the earlier than 35 days after the date of issue; (2) a brief summary of the Notification to Interested Parties publication of the final results of this argument; and (3) a table of This administrative review and notice review in the Federal Register. If a authorities.16 Note that Commerce has are issued and published in accordance timely summons is filed at the U.S. temporarily modified certain of its with sections 751(a)(1) and 777(i)(1) of Court of International Trade, the requirements for serving documents the Act, and 19 CFR 351.213. assessment instructions will direct CBP containing business proprietary Dated: June 30, 2021. not to liquidate relevant entries until the 17 information, until further notice. Christian Marsh, Interested parties who wish to request 8 See Memorandum, ‘‘Preliminary Results of the Acting Assistant Secretary for Enforcement First Administrative Review of Glycine from India: a hearing must do so within 30 days of and Compliance. Calculation of Derivative Rate for Non-Selected publication of these preliminary results Companies,’’ dated June 30, 2021. by submitting a written request to the Appendix 9 In this review, we preliminarily determine that Assistant Secretary for Enforcement and List of Topics Discussed in the Preliminary Avid is cross owned with Avid Intermediates. See Preliminary Decision Memorandum for further Memorandum 12 discussion. See 19 CFR 351.224(b). I. Summary 13 10 In this review, we preliminarily determine that See 19 CFR 351.309(c)(2). II. Background 14 Kumar is cross owned with Rudraa International See 19 CFR 351.309(d). III. Period of Review 15 and Advance Chemical Corporation. See See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); IV. Rate for Non-Examined Companies see also Temporary Rule Modifying AD/CVD Preliminary Decision Memorandum and Kumar V. Subsidies Valuation Preliminary Calculation Memorandum for further Service Requirements Due to COVID–19; Extension discussion. of Effective Period, 85 FR 41363 (July 10, 2020) VI. Loan Benchmarks and Discount Rates 11 Kumar reported that it received no subsidies (Temporary Rule). during the 2018 calendar year, from programs under 16 See 19 CFR 351.309(c)(2) and 351.309(d)(2). 18 See 19 CFR 351.310(c). review or any other subsidies. 17 See Temporary Rule. 19 See 19 CFR 351.310.

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VII. Analysis of Programs On March 4, 2021, and March 24, Act. However, Commerce normally VIII. Recommendation 2021, Commerce extended the deadline determines the rates for non-selected [FR Doc. 2021–15123 Filed 7–15–21; 8:45 am] for the preliminary results of this companies in reviews in a manner that BILLING CODE 3510–DS–P review.4 is consistent with section 705(c)(5) of For a complete description of the the Act, which provides instructions for events that followed the initiation of calculating the all-others rate in an DEPARTMENT OF COMMERCE this review, see the Preliminary investigation. Section 777A(e)(2) of the Decision Memorandum.5 A list of topics Act provides that ‘‘the individual International Trade Administration discussed in the Preliminary Decision countervailable subsidy rates Memorandum is included at the determined under subparagraph (A) [C–580–879] Appendix I to this notice. The shall be used to determine the all-others Preliminary Decision Memorandum is a rate under section 705(c)(5) {of the Certain Corrosion-Resistant Steel public document and is on file Act}.’’ Section 705(c)(5)(A) of the Act Products From the Republic of Korea: electronically via Enforcement and states that for companies not Preliminary Results of Countervailing Compliance’s Antidumping and investigated, in general, we will Duty Administrative Review, 2019 Countervailing Duty Centralized determine an all-others rate by weight- AGENCY: Enforcement and Compliance, Electronic Service System (ACCESS). averaging the countervailable subsidy International Trade Administration, ACCESS is available to registered users rates established for each of the U.S. Department of Commerce. at http://access.trade.gov. In addition, a companies individually investigated, SUMMARY: The Department of Commerce complete version of the Preliminary excluding zero and de minimis rates or (Commerce) preliminarily determines Decision Memorandum can be accessed any rates based solely on the facts that countervailable subsidies are being directly at http://enforcement.trade.gov/ available. provided to producers and exporters of frn/. We preliminarily determine that Dongbu is the only mandatory certain corrosion-resistant steel Scope of the Order products (CORE) from the Republic of respondent that received Korea. The period of review (POR) is The merchandise covered by the order countervailable subsidies that are above January 1, 2019, through December 31, is certain corrosion-resistant steel de minimis. Therefore, we preliminarily 2019. products. For a complete description of determine to apply the net subsidy rate the scope of the order, see the DATES: Applicable July 16, 2021. calculated for Dongbu to the non- Preliminary Decision Memorandum. selected companies. For a list of the 36 FOR FURTHER INFORMATION CONTACT: Dennis McClure or Joshua Simonidis, Methodology companies for which a review was requested, and which were not selected AD/CVD Operations, Office VIII, Commerce is conducting this review Enforcement and Compliance, as mandatory respondents or found to in accordance with section 751(a)(l)(A) be cross-owned with a mandatory International Trade Administration, of the Tariff Act of 1930, as amended respondent, see Appendix II to this U.S. Department of Commerce, 1401 (the Act). For each of the subsidy notice. Constitution Avenue NW, Washington, programs found countervailable, we DC 20230; telephone: (202) 482–5973 preliminarily determine that there is a Preliminary Results of the Review and (202) 482–0608, respectively. subsidy, i.e., a financial contribution As a result of this review, we SUPPLEMENTARY INFORMATION: from an authority that gives rise to a preliminarily determine the net benefit to the recipient, and that the Background countervailable subsidy rates to be: subsidy is specific.6 For a full On July 21, 30, and 31, 2020, we description of the methodology Subsidy received requests for multiple underlying our conclusions, see the Producer/exporter rate administrative reviews.1 On September accompanying Preliminary Decision (percent) 3, 2020, Commerce published a notice Memorandum. of initiation of an administrative review KG Dongbu Steel Co., Ltd. (for- of the countervailing duty (CVD) order Preliminary Rate for Non-Selected merly Dongbu Steel Co., Ltd.)/ 2 Companies Under Review Dongbu Incheon Steel Co., on CORE from Korea. On October 6, Ltd ...... 10.52 2020, Commerce selected KG Dongbu The statute and Commerce’s Hyundai Steel Company ...... * 0.48 Steel Co., Ltd. (KG Dongbu Steel) regulations do not directly address the Non-Selected Companies Under (formerly Dongbu Steel Co., Ltd.)/ CVD rates to be applied to companies Review 7 ...... 10.52 Dongbu Incheon Steel Co., Ltd. not selected for individual examination (collectively, Dongbu) and Hyundai where Commerce limited its *(de minimis). Steel Company as mandatory examination in an administrative review Disclosure and Public Comment respondents in this administrative pursuant to section 777A(e)(2) of the We intend to disclose to interested review.3 parties the calculations performed for 4 See Memoranda, ‘‘Extension of Deadline for the these preliminary results within five 1 See Petitioners’ Letter, ‘‘Request for Preliminary Results of the 2019 Countervailing Administrative Review,’’ dated July 31, 2020; see Duty Administrative Review,’’ dated March 4, 2021, days of the date of publication of this also POSCO C&C’s Letter, ‘‘Administrative Review and March 24, 2021, respectively. notice in accordance with 19 CFR Request,’’ dated July 30, 2020; Hyundai Steel’s 5 See Memorandum, ‘‘Decision Memorandum for 351.224(b). Interested parties may Letter, ‘‘Request for Administrative Review,’’ dated the Preliminary Results of the Countervailing Duty July 21, 2020; and POSCO’s Letter, ‘‘Administrative Administrative Review; 2019: Certain Corrosion- submit case briefs no later than 30 days Review Request,’’ dated July 21, 2020. Resistant Steel Products from the Republic of after the date of publication of these 2 See Initiation of Antidumping and Korea,’’ dated concurrently with, and hereby preliminary results of review.8 Rebuttals Countervailing Duty Administrative Reviews, 85 FR adopted by, this notice (Preliminary Decision to case briefs may be filed no later than 54983 (September 3, 2020). Memorandum). seven days after the case briefs are filed, 3 On October 27, 2020, KG Dongbu Steel reported 6 See sections 771(5)(B) and (D) of the Act that it changed its name from Dongbu Steel to KG regarding financial contribution; section 771(5)(E) Dongbu Steel. See Dongbu’s Letter, ‘‘Affiliated of the Act regarding benefit; and section 771(5A) of 7 See Appendix II. Companies Response,’’ dated October 27, 2020. the Act regarding specificity. 8 See 19 CFR 351.309(c).

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and all rebuttal comments must be filed at the U.S. Court of International 20. Seajin St. Industry, Ltd. limited to comments raised in the case Trade, the assessment instructions will 21. Sejung Shipping Co., Ltd. briefs.9 Note that Commerce has direct CBP not to liquidate relevant 22. Seun Steel Co., Ltd. temporarily modified certain of its entries until the time for parties to file 23. Segye Chemical Industry Co., Ltd. requirements for serving documents 24. Shandongsheng Cao Xian Yalu Mftd. a request for a statutory injunction has 25. Shengzhou Hanshine Import and Export containing business proprietary expired (i.e., within 90 days of Trade 10 information until further notice. publication). 26. Soon Hong Trading Co., Ltd. Pursuant to 19 CFR 351.309(c)(2) and Cash Deposit Requirements 27. Southern Steel Sheet Co., Ltd. (d)(2), parties who submit case briefs or 28. SSangyong Manufacturing rebuttal briefs in this review are In accordance with section 751(a)(1) 29. Sung A Steel Co., Ltd. encouraged to submit with each of the Act, Commerce intends, upon 30. SW Co., Ltd. argument: (1) A statement of the issue; publication of the final results, to 31. SY Co., Ltd. (2) a brief summary of the argument; instruct CBP to collect cash deposits of 32. Syon and (3) a table of authorities. estimated countervailing duties in the 33. TCC Steel. Co., Ltd. Pursuant to 19 CFR 351.310(c), amounts shown for each of the 34. Young Steel Korea Co., Ltd. interested parties who wish to request a 35. Young Sun Steel Co. respective companies listed above on 36. Young Steel Co. hearing, limited to issues raised in the shipments of subject merchandise case and rebuttal briefs, must submit a entered, or withdrawn from warehouse, [FR Doc. 2021–15152 Filed 7–15–21; 8:45 am] written request to the Assistant for consumption on or after the date of BILLING CODE 3510–DS–P Secretary for Enforcement and publication of the final results of this Compliance, U.S. Department of administrative review. For all non- DEPARTMENT OF COMMERCE Commerce, within 30 days after the date reviewed firms, we will instruct CBP to of publication of this notice. Requests continue to collect cash deposits at the International Trade Administration should contain the party’s name, most recent company-specific or all address, and telephone number, the others rate applicable to the company. [A–583–848] number of participants, whether any These cash deposit requirements, when participant is a foreign national, and a imposed, shall remain in effect until Stilbenic Optical Brightening Agents list of the issues to be discussed. If a further notice. From Taiwan: Preliminary Results of request for a hearing is made, Commerce Antidumping Duty Administrative intends to hold the hearing at a time and Notification to Interested Parties Review; 2019–2020 date to be determined. Parties should These preliminary results are issued AGENCY: Enforcement and Compliance, confirm by telephone the date, time, and and published pursuant to sections International Trade Administration, location of the hearing two days before 751(a)(1) and 777(i)(1) of the Act, and 19 Department of Commerce. the scheduled date. CFR 351.221(b)(4). Unless extended, we intend to issue SUMMARY: The Department of Commerce Dated: July 12, 2021. (Commerce) preliminarily finds that Teh the final results of this administrative Christian Marsh, review, which will include the results of Fong Min International Co., Ltd. (TFM), Acting Assistant Secretary for Enforcement the sole producer and/or exporter our analysis of the issues raised in the and Compliance. case briefs, within 120 days of subject to this administrative review, publication of these preliminary results Appendix I made sales of stilbenic optical brightening agents (OBAs) at less than in the Federal Register, pursuant to List of Topics Discussed in the Preliminary section 751(a)(3)(A) of the Act and 19 Decision Memorandum normal value (NV) during the period of CFR 351.213(h). review (POR) May 1, 2019, through I. Summary April 30, 2020. We invite interested Assessment Rate II. Background III. Period of Review parties to comment on these preliminary In accordance with 19 CFR IV. Scope of the Order results. 351.221(b)(4)(i), we preliminarily V. Subsidies Valuation Information DATES: Applicable July 16, 2021. VI. Analysis of Programs assigned subsidy rates in the amounts FOR FURTHER INFORMATION CONTACT: VII. Recommendation shown above for the producer/exporters Dmitry Vladimirov, AD/CVD shown above. Upon completion of the Appendix II Operations, Office I, Enforcement and administrative review, consistent with List of Non-Selected Companies Compliance, International Trade section 751(a)(1) of the Act and 19 CFR Administration, U.S. Department of 351.212(b)(2), Commerce shall 1. Ajin H & S Co., Ltd. 2. AJU Steel Co., Ltd. Commerce, 1401 Constitution Avenue determine, and U.S. Customs and NW, Washington DC 20230; telephone Border Protection (CBP) shall assess, 3. B&N International 4. CDS Global Logistics (202) 482–0665. countervailing duties on all appropriate 5. Dong A Hwa Sung Co., Ltd. SUPPLEMENTARY INFORMATION: entries covered by this review. 6. Dongkuk International, Inc. Commerce intends to issue assessment 7. Dongkuk Steel Mill Co., Ltd. Background instructions to CBP no earlier than 35 8. Korea Clad Tech. Co., Ltd. On May 10, 2012, we published in the days after the date of publication of the 9. Pantos Logistics Co., Ltd. Federal Register an antidumping duty final results of this review in the 10. PL Special Steel Co., Ltd. order on OBAs from Taiwan.1 On May Federal Register. If a timely summons is 11. POSCO 12. POSCO C&C 1, 2020, we published in the Federal 13. POSCO Coated & Color Steel Co., Ltd. Register a notice of opportunity to 9 See 19 CFR 351.309(d). 14. POSCO Daewoo Corp. 10 See Temporary Rule Modifying AD/CVD request an administrative review of the Service Requirements Due to COVID–19; Extension 15. Samsung C&T Corporation of Effective Period, 85 FR 29615 (May 18, 2020); 16. Samsung Electronics Co., Ltd. 1 See Certain Stilbenic Optical Brightening Agents and Temporary Rule Modifying AD/CVD Service 17. Sanglim Steel Co., Ltd. from Taiwan: Amended Final Determination of Requirements Due to COVID–19; Extension of 18. SeAH Coated Metal Sales at Less Than Fair Value and Antidumping Effective Period, 85 FR 41363 (July 10, 2020). 19. SeAH Steel Corporation Duty Order, 77 FR 27419 (May 10, 2012) (Order).

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Order.2 On July 10, 2020, based on Preliminary Results of the Commerce’s electronic records system, timely requests for an administrative Administrative Review ACCESS, by 5:00 p.m. Eastern Time review, Commerce initiated an We preliminarily determine that the within 30 days after the date of 10 administrative review of one company, following weighted-average dumping publication of this notice. TFM.3 margin exists for TFM for the period Commerce intends to issue the final May 1, 2019, through April 30, 2020: results of this administrative review, On July 21, 2020, Commerce tolled all including the results of its analysis of deadlines in administrative reviews by the issues raised in any written briefs, 60 days, thereby tolling the deadline for Weighted- average no later than 120 days after the date of the preliminary results of review until Producer or exporter dumping publication of this notice, unless April 1, 2021.4 On March 12, 2021, margin extended, pursuant to section (percent) Commerce extended the time limit for 751(a)(3)(A) of the Act. issuing the preliminary results of this Teh Fong Min International Co., Assessment Rates review by 120 days to no later than July Ltd ...... 2.91 30, 2021.5 Upon completion of the final results, Disclosure and Public Comment Commerce will determine and U.S. Scope of the Order Customs and Border Protection (CBP) We intend to disclose the calculations shall assess antidumping duties on all The products covered by the Order performed for these preliminary results are OBAs. A full description of the appropriate entries covered by this to parties within five days after public 11 scope of the Order is contained in the review. If the weighted-average announcement of the preliminary dumping margin for TFM is not zero or Preliminary Decision Memorandum.6 results in accordance with 19 CFR de minimis (i.e., less than 0.50 percent) Methodology 351.224(b). in the final results of this review, we Pursuant to 19 CFR 351.309(c), intend to calculate an importer-specific Commerce is conducting this review interested parties may submit case briefs assessment rate based on the ratio of the in accordance with section 751(a)(2) of no later than 30 days after the date of total amount of dumping calculated for the Act. Export price and constructed publication of this notice. Rebuttal each importer’s examined sales and the export price are calculated in briefs, limited to issues raised in the total entered value of the sales in accordance with section 772 of the Act. case briefs, may be filed not later than accordance with 19 CFR 351.212(b)(1).12 NV is calculated in accordance with seven days after the date for filing case If TFM’s weighted-average dumping 7 section 773 of the Act. For a full briefs. Commerce has modified certain margin or an importer-specific description of the methodology of its requirements for serving assessment rate is zero or de minimis in underlying our conclusions, see the documents containing business the final results of review, then we Preliminary Decision Memorandum. A proprietary information until further intend to instruct CBP not to assess notice.8 Parties who submit case briefs list of the topics discussed in the duties on any of its entries in or rebuttal briefs in this proceeding are Preliminary Decision Memorandum is accordance with the Final Modification encouraged to submit with each for Reviews.13 The final results of this attached as an Appendix to this notice. argument: (1) A statement of the issue; The Preliminary Decision Memorandum administrative review shall be the basis (2) a brief summary of the argument; for the assessment of antidumping is a public document and is made and (3) a table of authorities.9 available to the public via Enforcement duties on entries of merchandise under Pursuant to 19 CFR 351.310(c), review and for future deposits of and Compliance’s Antidumping and interested parties who wish to request a Countervailing Duty Centralized estimated duties, where applicable. hearing, must submit a written request For entries of subject merchandise Electronic Service System (ACCESS). to the Assistant Secretary for during the POR produced by TFM for ACCESS is available to registered users Enforcement and Compliance, filed which it did not know its merchandise at http://access.trade.gov. In addition, a electronically via ACCESS. Requests was destined for the United States, we complete version of the Preliminary should contain: (1) The party’s name, will instruct CBP to liquidate Decision Memorandum can be found at address, and telephone number; (2) the unreviewed entries at the all-others rate http://enforcement.trade.gov/frn/. number of participants; and (3) a list of if there is no rate for the intermediate issues to be discussed. Issues raised in company(ies) involved in the 2 See Antidumping or Countervailing Duty Order, the hearing will be limited to those transaction.14 Finding, or Suspended Investigation; Opportunity raised in the respective case briefs. If a Commerce intends to issue to Request Administrative Review, 85 FR 29354 request for a hearing is made, Commerce assessment instructions to CBP no (May 1, 2020). intends to hold the hearing at a time and 3 See Initiation of Antidumping and earlier than 35 days after the date of Countervailing Duty Administrative Reviews, 85 FR date to be determined. An electronically publication of the final results of this 41450, 41544 (July 10, 2020). filed hearing request must be received 4 See Memorandum, ‘‘Tolling of Deadlines for successfully in its entirety by 10 See 19 CFR 351.310(c). Antidumping and Countervailing Duty 11 See 19 CFR 351.212(b)(1). Administrative Reviews,’’ dated July 21, 2020. 7 See 19 CFR 351.309(d); see also Temporary Rule 12 In these preliminary results, Commerce applied 5 See Memorandum, ‘‘Stilbenic Optical Modifying AD/CVD Service Requirements Due to the assessment rate calculation method adopted in Brightening Agents from Taiwan: Extension of Time COVID–19, 85 FR 17006, 17007 (March 26, 2020) Antidumping Proceedings: Calculation of the Limit for Preliminary Results of Antidumping Duty (‘‘To provide adequate time for release of case briefs Weighted-Average Dumping Margin and Administrative Review, 2019–2020,’’ dated March via ACCESS, E&C intends to schedule the due date Assessment Rate in Certain Antidumping Duty 12, 2021. for all rebuttal briefs to be 7 days after case briefs Proceedings; Final Modification, 77 FR 8101 6 See Memorandum, ‘‘Certain Stilbenic Optical are filed (while these modifications remain in (February 14, 2012) (Final Modification for Brightening Agents from Taiwan: Decision effect).’’ Reviews). Memorandum for the Preliminary Results of 8 See Temporary Rule Modifying AD/CVD Service 13 See Final Modification for Reviews, 77 FR at Antidumping Duty Administrative Review; 2019– Requirements Due to COVID–19; Extension of 8103; see also 19 CFR 351.106(c)(2). 2020,’’ dated concurrently with, and hereby Effective Period, 85 FR 41363 (July 10, 2020). 14 See Antidumping and Countervailing Duty adopted by, this notice (Preliminary Decision 9 See 19 CFR 351.303 (for general filing Proceedings: Assessment of Antidumping Duties, 68 Memorandum). requirements). FR 23954 (May 6, 2003).

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review in the Federal Register. If a Dated: July 12 2021. Needs and Uses: This is a request for timely summons is filed at the U.S. Christian Marsh, revision and extension of an approved Court of International Trade, the Acting Assistant Secretary for Enforcement information collection. assessment instructions will direct CBP and Compliance. The revision (1) expands the not to liquidate relevant entries until the geographic scope from New England Appendix time for parties to file a request for a and the Mid-Atlantic only to include statutory injunction has expired (i.e., List of Topics Discussed in the Preliminary New England, Mid-Atlantic, South within 90 days of publication). Decision Memorandum Atlantic and Gulf of Mexico commercial I. Summary fisheries, (2) revises the title of the Cash Deposit Requirements II. Background collection from Socio-Economic Survey III. Scope of the Order of Hired Captains and Crew in New The following cash deposit IV. Discussion of the Methodology England and Mid-Atlantic Commercial requirements will be effective upon V. Currency Conversion Fisheries to Socio-Economic Survey of publication in the Federal Register of VI. Recommendation Hired Captains and Crew in New the notice of final results of [FR Doc. 2021–15153 Filed 7–15–21; 8:45 am] England, Mid-Atlantic, South Atlantic administrative review for all shipments BILLING CODE 3510–DS–P and Gulf of Mexico Commercial of OBAs from Taiwan entered, or Fisheries, and (3) makes minor revisions withdrawn from warehouse, for to the survey form to address regional consumption on or after the date of DEPARTMENT OF COMMERCE differences in fisheries. publication as provided by section The NEFSC and SEFSC seek to 751(a)(2) of the Act: (1) The cash deposit National Oceanic and Atmospheric conduct surveys to provide for the rate for TFM, subject to this review, will Administration ongoing collection of social and be equal to the weighted-average economic data related to the fishing dumping margin established for it in the Agency Information Collection industries in those states. The purpose final results of the review; (2) for Activities; Submission to the Office of of this survey is to assess and track over merchandise exported by a company not Management and Budget (OMB) for time the social and economic conditions covered in this review but covered in a Review and Approval; Comment of commercial fishing crews and hired prior segment of the proceeding, the Request; Socio-Economic Survey of captains for which little is known. This cash deposit rate will continue to be the Hired Captains and Crew in New survey will provide data on social and company-specific rate published in the England, Mid-Atlantic, South Atlantic economic impacts for this population completed segment for the most recent and Gulf of Mexico Commercial and the changes in fisheries as a result period; (3) if the exporter is not a firm Fisheries of regulatory changes. Data to be covered in this review, a prior review, The Department of Commerce will collected include demographic or the original investigation but the submit the following information information on crew, wage calculations producer is, the cash deposit rate will be collection request to the Office of systems, individual and community the rate established in the completed Management and Budget (OMB) for well-being, fishing practices, job segment for the most recent period for review and clearance in accordance satisfaction, job opportunities, and the producer of the merchandise; (4) the with the Paperwork Reduction Act of attitudes toward fisheries management. cash deposit rate for all other producers 1995, on or after the date of publication The National Environmental Policy Act or exporters will be the all-others rate of this notice. We invite the general (NEPA) and Magnuson-Stevens established in the less-than-fair-value public and other Federal agencies to Conservation and Management Act investigation for this proceeding, 6.19 comment on proposed, and continuing (MSA) both contain requirements for 15 percent. These cash deposit information collections, which helps us considering the social and economic requirements, when imposed, shall assess the impact of our information impacts of fishery management remain in effect until further notice. collection requirements and minimize decisions. There is a need to understand how such fishery management policies Notification to Importers the public’s reporting burden. Public comments were previously requested and programs will affect the social and This notice serves as a preliminary via the Federal Register on January 25, economic characteristics of those reminder to importers of their 2021, (86 FR 6877) during a 60-day involved in the commercial fishing responsibility under 19 CFR comment period. This notice allows for industry. To help meet these 351.402(f)(2) to file a certificate an additional 30 days for public requirements of NEPA and MSA, the regarding the reimbursement of comments. NEFSC and SEFSC will collect data on antidumping duties prior to liquidation Agency: National Oceanic and an ongoing basis to track how socio- of the relevant entries during this period Atmospheric Administration (NOAA), economic characteristics of fisheries are of review. Failure to comply with this Commerce. changing over time and the impact of requirement could result in Commerce’s Title: Socio-Economic Survey of Hired fishery management policies and presumption that reimbursement of Captains and Crew in New England, programs implemented in New England, antidumping duties occurred and the Mid-Atlantic, South Atlantic and Gulf of Mid-Atlantic, South Atlantic and Gulf of subsequent assessment of double Mexico Commercial Fisheries. Mexico regions. Affected Public: Individuals or antidumping duties. OMB Control Number: 0648–0636. households and Business or other for- Form Number(s): None. Notification to Interested Parties profit organizations; Type of Request: Regular submission Frequency: Every 3 to 5 years. Commerce is issuing and publishing (revision of a currently approved Respondent’s Obligation: Voluntary. these results in accordance with collection). Legal Authority: Magnuson-Stevens sections 751(a)(1) and 777(i) of the Act Number of Respondents: 937. Fishery Conservation and Management and 19 CFR 351.221(b)(4). Average Hours per Response: 20 Act. minutes. This information collection request 15 See Order, 91 FR at 27420. Total Annual Burden Hours: 83. may be viewed at www.reginfo.gov.

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Follow the instructions to view the participate in person at the Notary Summer Flounder, Scup, and Black Sea Department of Commerce collections Hotel, located at 21 N Juniper St., Bass Commercial/Recreational currently under review by OMB. Philadelphia, PA 19107, or via Webex Allocation Amendment Written comments and webinar. Webinar connection Consider approval of any Council/ recommendations for the proposed information can be accessed at Board proposals for additional information collection should be www.mafmc.org. alternatives. submitted within 30 days of the Council address: Mid-Atlantic Fishery publication of this notice on the Management Council, 800 N State St., North Atlantic Right Whales following website www.reginfo.gov/ Suite 201, Dover, DE 19901; telephone: Presentation on Atlantic Large Whale public/do/PRAMain. Find this (302) 674–2331. Take Reduction Team Scoping for Risk particular information collection by FOR FURTHER INFORMATION CONTACT: Reduction Measures for Atlantic Trap/ selecting ‘‘Currently under 30-day Christopher M. Moore, Ph.D., Executive Pot and Gillnet Fisheries. Review—Open for Public Comments’’ or Director, Mid-Atlantic Fishery Council Awards and Acknowledgements by using the search function and Management Council; telephone: (302) entering either the title of the collection 526–5255. The Council’s website, Wednesday, August 11, 2021 or the OMB Control Number 0648–0636. www.mafmc.org also has details on the Swearing In of New and Reappointed meeting location, proposed agenda, Sheleen Dumas, Council Members Department PRA Clearance Officer, Office of webinar information, and briefing the Chief Information Officer, Commerce materials. Election of Officers Department. SUPPLEMENTARY INFORMATION: The Golden Tilefish—Multi-Year [FR Doc. 2021–15164 Filed 7–15–21; 8:45 am] following items are on the agenda, Specifications Framework—Meeting #2 BILLING CODE 3510–22–P though agenda items may be addressed Review recommendations for golden out of order (changes will be noted on tilefish specifications from the Advisory the Council’s website when possible.) Panel, SSC, Monitoring Committee, and DEPARTMENT OF COMMERCE Monday, August 9, 2021 staff and recommend any changes to National Oceanic and Atmospheric (previously set) 2022 golden tilefish Bluefish 2022–23 Specifications Administration specifications if necessary. Review recommendations from the Approve 2023–24 golden tilefish [RTID 0648–XB241] Scientific and Statistical Committee specifications. (SSC), Monitoring Committee, Advisory Review alternatives and approve Mid-Atlantic Fishery Management Framework document for submission Council (MAFMC); Public Meetings Panel, and staff and adopt specifications for 2022–23. (final action). AGENCY: National Marine Fisheries ASMFC Bluefish Fishery Management Atlantic Mackerel Specifications and/or Service (NMFS), National Oceanic and Plan Review (Bluefish Board only). Emergency Action Atmospheric Administration (NOAA), Commerce. Summer Flounder 2022–23 Review assessment results and Specifications consider specifications and/or ACTION: Notice; public meetings. Review recommendations from the requesting emergency action pending SUMMARY: The Mid-Atlantic Fishery SSC, Monitoring Committee, Advisory rebuilding plan modification. Management Council (Council) will Panel, and staff and adopt specifications Atlantic Mackerel Rebuilding hold a four-day meeting to consider for 2022–23. Modifications Framework—Meeting #1 actions affecting Mid-Atlantic fisheries in the exclusive economic zone (EEZ). Scup 2022–23 Specifications Review options for revised rebuilding plan and set range of alternatives and This will be conducted as a hybrid Review recommendations from the request additional options and analysis meeting, with options to participate in SSC, Monitoring Committee, Advisory if needed. person or virtually. Portions of the Panel, and staff and adopt specifications meeting will be conducted jointly with for 2022–23. Joint Council-SSC Meeting the Atlantic States Marine Fisheries Commission’s Bluefish Management Black Sea Bass 2022–23 Specifications Thursday, August 12, 2021 Board, Summer Flounder, Scup, and Review recommendations from the Business Session Black Sea Bass Management Board, and SSC, Monitoring Committee, Advisory Committee Reports; Executive Interstate Fisheries Management Panel, and staff and adopt specifications Director’s Report (approve revised Program Policy Board. for 2022–23. NTAP charter); Organization Reports; DATES: The meeting will be held Tuesday, August 10, 2021 and Liaison Reports. Monday, August 9, 2021, from 9:30 a.m. to 4:30 p.m., Tuesday, August 10, 2021, Recreational Harvest Control Rule Continuing and New Business from 9 a.m. to 5 p.m., Wednesday, Framework/Addendum (Framework Although non-emergency issues not August 11, 2021, from 9 a.m. to 5 p.m., Meeting #1) contained in this agenda may come and Thursday, August 12, 2021, from 9 Review and approve initial range of before this group for discussion, in a.m. to 1 p.m. For agenda details, see alternatives and discuss next steps. accordance with the Magnuson-Stevens SUPPLEMENTARY INFORMATION. Fishery Conservation and Management Ecosystem Approach to Fisheries ADDRESSES: The meeting will be a Act (Magnuson-Stevens Act), those hybrid meeting offering both in-person Management Summer Flounder issues may not be the subject of formal and virtual options for attending the Management Strategy Evaluation action during these meetings. Actions meeting. Council members, other Review core group recommendations will be restricted to those issues meeting participants, and members of and determine MSE objectives and specifically identified in this notice and the public will have the option to alternatives. any issues arising after publication of

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this notice that require emergency implement provisions of the Magnuson- ADDRESSES: Committee for Purchase action under Section 305(c), provided Stevens Fishery Conservation and From People Who Are Blind or Severely the public has been notified of the Management Act (MSA) that require all Disabled, 1401 S Clark Street, Suite 715, Council’s intent to take final action to Fishery Management Plans (FMPs) to Arlington, Virginia 22202–4149. address the emergency. establish a standardized bycatch FOR FURTHER INFORMATION CONTACT: reporting methodology (SBRM) to assess Special Accommodations Michael R. Jurkowski, Telephone: (703) the amount and type of bycatch 785–6404, or email CMTEFedReg@ The meeting is physically accessible occurring in a fishery. Other matters AbilityOne.gov. to people with disabilities. Requests for such as administrative, ecosystem, and SUPPLEMENTARY INFORMATION: sign language interpretation or other coastal pelagic species topics at auxiliary aids should be directed to upcoming Pacific Council meetings and Deletions Kathy Collins at the Council Office, the Coastal Pelagic Species Stock On 6/4/2021 and 6/11/2021, the (302) 526–5253, at least 5 days prior to Assessment and Fishery Evaluation Committee for Purchase From People the meeting date. document may be addressed as well. An Authority: 16 U.S.C. 1801 et seq. Who Are Blind or Severely Disabled agenda will be available on the Pacific published notice of proposed deletions Dated: July 12, 2021. Council’s website in advance of the from the Procurement List. This notice Tracey L. Thompson, meeting. is published pursuant to 41 U.S.C. Acting Deputy Director, Office of Sustainable Although non-emergency issues not 8503(a)(2) and 41 CFR 51–2.3. Fisheries, National Marine Fisheries Service. contained in the meeting agenda may be After consideration of the relevant [FR Doc. 2021–15100 Filed 7–15–21; 8:45 am] discussed, those issues may not be the matter presented, the Committee has BILLING CODE 3510–22–P subject of formal action during this determined that the product(s) and meeting. Action will be restricted to service(s) listed below are no longer those issues specifically listed in this suitable for procurement by the Federal DEPARTMENT OF COMMERCE document and any issues arising after Government under 41 U.S.C. 8501–8506 publication of this document that and 41 CFR 51–2.4. National Oceanic and Atmospheric require emergency action under section Administration 305(c) of the Magnuson-Stevens Fishery Regulatory Flexibility Act Certification [RTID 0648–XB186] Conservation and Management Act, I certify that the following action will provided the public has been notified of not have a significant impact on a Pacific Fishery Management Council; the intent to take final action to address substantial number of small entities. Public Meeting the emergency. The major factors considered for this Special Accommodations certification were: AGENCY: National Marine Fisheries 1. The action will not result in Service (NMFS), National Oceanic and Requests for sign language additional reporting, recordkeeping or Atmospheric Administration (NOAA), interpretation or other auxiliary aids other compliance requirements for small Commerce. should be directed to Mr. Kris entities. ACTION: Notice of a public meeting. Kleinschmidt (kris.kleinschmidt@ 2. The action may result in noaa.gov; (503) 820–2412) at least 10 authorizing small entities to furnish the SUMMARY: The Pacific Fishery days prior to the meeting date. product(s) and service(s) to the Management Council’s (Pacific Council) Authority: 16 U.S.C. 1801 et seq. Government. Coastal Pelagic Species Management 3. There are no known regulatory Team will hold a public online meeting. Dated: July 12, 2021. alternatives which would accomplish DATES: The online meeting will be held Tracey L. Thompson, Acting Deputy Director, Office of Sustainable the objectives of the Javits-Wagner- Monday, August 2, 2021, from 1 p.m. to O’Day Act (41 U.S.C. 8501–8506) in 4 p.m. Pacific Daylight Time or until Fisheries, National Marine Fisheries Service. [FR Doc. 2021–15098 Filed 7–15–21; 8:45 am] connection with the product(s) and business for the day has been service(s) deleted from the Procurement BILLING CODE 3510–22–P completed. List. ADDRESSES: This meeting will be held End of Certification online. Specific meeting information, including directions on how to join the COMMITTEE FOR PURCHASE FROM Accordingly, the following product(s) meeting and system requirements will PEOPLE WHO ARE BLIND OR and service(s) are deleted from the be provided in the meeting SEVERELY DISABLED Procurement List: announcement on the Pacific Council’s Procurement List; Additions and Product(s) website (see www.pcouncil.org). You Deletions NSN(s)—Product Name(s): may send an email to Mr. Kris 4240–00–NIB–0239—Self-Contained Kleinschmidt (kris.kleinschmidt@ AGENCY: Committee for Purchase From Breathing Apparatus Identifier Tags noaa.gov) or contact him at (503) 820– People Who Are Blind or Severely 4240–00–NIB–0276—Label, Custom, SBCA 2412 for technical assistance. Disabled. ID, Adhesive Back, Photoluminescent Council address: Pacific Fishery ACTION: Deletions from the procurement Designated Source of Supply: Cincinnati Management Council, 7700 NE list. Association for the Blind, Cincinnati, OH Ambassador Place, Suite 101, Portland, Contracting Activity: DLA TROOP SUPPORT, OR 97220–1384. SUMMARY: This action deletes product(s) PHILADELPHIA, PA FOR FURTHER INFORMATION CONTACT: and service(s) from the Procurement List NSN(s)—Product Name(s): 7510–01–350– Kerry Griffin, Staff Officer, Pacific that were furnished by nonprofit 1810—Correction Tape, Refill Cartridge, Council; telephone: (503) 820–2409. agencies employing persons who are White, 12m Designated Source of Supply: West Texas SUPPLEMENTARY INFORMATION: The blind or have other severe disabilities. Lighthouse for the Blind, San Angelo, TX primary purpose of this online meeting DATES: Date added to and deleted from Contracting Activity: GSA/FAS ADMIN is to discuss the NMFS rule to the Procurement List: August 15, 2021. SVCS ACQUISITION BR(2, NEW YORK,

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NY DATES: Comments must be received on for the Blind, St. Louis, MO NSN(s)—Product Name(s): 7510–01–350– or before: August 15, 2021. Contracting Activity: DLA Land and Maritime, Columbus, OH 1810—Correction Tape, Refill Cartridge, ADDRESSES: Committee for Purchase White, 12m From People Who Are Blind or Severely Service(s) Designated Source of Supply: Industries for Disabled, 1401 S Clark Street, Suite 715, the Blind and Visually Impaired, Inc., Service Type: Unclassified Technical Order & West Allis, WI Arlington, Virginia 22202–4149. Decal Distribution Contracting Activity: GSA/FAS ADMIN FOR FURTHER INFORMATION CONTACT: For Mandatory for: Oklahoma City Air Logistics SVCS ACQUISITION BR(2, NEW YORK, further information or to submit Center, Tinker AFB, OK NY comments contact: Michael R. Designated Source of Supply: NewView Oklahoma, Inc., Oklahoma City, OK NSN(s)—Product Name(s): 6850–00–973– Jurkowski, Telephone: (703) 785–6404, Contracting Activity: Dept of the Air Force, 9091—Penetrating Fluid or email [email protected]. FA7014 AFDW PK Designated Source of Supply: The Lighthouse SUPPLEMENTARY INFORMATION: This Service Type: Classified Technical Order for the Blind, St. Louis, MO notice is published pursuant to 41 Distribution Contracting Activity: GSA/FSS GREATER U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its Mandatory for: Tinker Air Force Base: SOUTHWEST ACQUISITI, FORT Building 3, Door 57, Tinker AFB, OK WORTH, TX purpose is to provide interested persons an opportunity to submit comments on Designated Source of Supply: NewView NSN(s)—Product Name(s): 8465–01–580– the proposed actions. Oklahoma, Inc., Oklahoma City, OK 0967—M–4 magazine Side-by-Side Contracting Activity: Dept of the Air Force, Pouch, OCP Additions FA7014 AFDW PK Designated Source of Supply: Chautauqua Service Type: Peel and Stick Program County Chapter, NYSARC, Jamestown, If the Committee approves the proposed additions, the entities of the Support NY Mandatory for: U.S. Coast Guard-Wide, 1750 Contracting Activity: DLA TROOP SUPPORT, Federal Government identified in this Claiborne Avenue, Shreveport, LA PHILADELPHIA, PA notice will be required to procure the Designated Source of Supply: Louisiana NSN(s)—Product Name(s): 8465–01–580– product(s) and service(s) listed below Association for the Blind, Shreveport, 0967—M–4 magazine Side-by-Side from nonprofit agencies employing LA Pouch, OCP persons who are blind or have other Contracting Activity: U.S. Coast Guard, U.S. Designated Source of Supply: Southeastern severe disabilities. Coast Guard Kentucky Rehabilitation Industries, Inc., The following service(s) are proposed Service Type: Storage/Distribution of Corbin, KY for addition to the Procurement List for Uniform Accessories Contracting Activity: DLA TROOP SUPPORT, Mandatory for: Defense Supply Center PHILADELPHIA, PA production by the nonprofit agencies listed: Philadelphia, PA Designated Source of Supply: Travis Service(s) Service(s) Association for the Blind, Austin, TX Service Type: CBRNE Kit Sustainment and Contracting Activity: Defense Logistics Replenishment Service Type: Furniture Design, Agency, DLA Troop Support Configuration and Installation Mandatory for: Naval Medical Logistics Service Type: Provision of Customized Mandatory for: U.S. Department of Command, Fort Detrick, MD, 693 Recognition and& Award Program Commerce, U.S. Census Bureau, Nelman Street, Fort Detrick, MD (Offsite: Designated Source of Supply: The Lighthouse Suitland, MD and Bowie Computer 10440 Trenton Avenue, St. Louis, MO) for the Blind, Inc. (Seattle Lighthouse), Center, Bowie, MD Designated Source of Supply: The Lighthouse Seattle, WA Designated Source of Supply: Industries for for the Blind, St. Louis, MO Contracting Activity: General Services the Blind and Visually Impaired, Inc., Contracting Activity: DEPT OF THE NAVY, Administration, FPDS Agency West Allis, WI NAVAL MEDICAL LOGISTICS Coordinator COMMAND Contracting Activity: U.S. Census Bureau, Dept of Commerce Census Service Type: Management of State Michael R. Jurkowski, Department Mobile Security Deletions Deputy Director, Business Operations. Mandatory for: Department of State, Office of The following product(s) and Mobile Security Deployments, Dunn [FR Doc. 2021–15140 Filed 7–15–21; 8:45 am] Loring, VA, 2216 Gallows Road, Dunn BILLING CODE 6353–01–P service(s) are proposed for deletion from Loring, VA the Procurement List: Designated Source of Supply: Virginia Industries for the Blind, Charlottesville, COMMITTEE FOR PURCHASE FROM Product(s) VA PEOPLE WHO ARE BLIND OR NSN(s)—Product Name(s): Contracting Activity: STATE, Department of, SEVERELY DISABLED 8465–01–465–2124—MOLLE II Carrier Acquisitions—AQM Momentum Sleep System, Woodland Camouflage Service Type: Administrative/General Procurement List; Proposed Additions 8465–01–491–7508—MOLLE II Carrier Support Services and Deletions Sleep System, Desert Camouflage Mandatory for: U.S. Customs Service, Gulf Designated Source of Supply: Alabama CMC, 423 Canal Street, New Orleans, LA AGENCY: Committee for Purchase From Industries for the Blind, Talladega, AL Designated Source of Supply: The Lighthouse People Who Are Blind or Severely Contracting Activity: DLA Troop Support, for the Blind in New Orleans, Inc., New Disabled. Philadelphia, PA Orleans, LA NSN(s)—Product Name(s): Contracting Activity: Treasury, Department of ACTION: Proposed additions to and 7520–01–455–7237—Pen, Ballpoint, Stick the, Dept of Treas deletions from the procurement list. Type, Recycled, Red Ink, Fine Point Service Type: Administrative/General Designated Source of Supply: West Texas SUMMARY: Support Services The Committee is proposing Lighthouse for the Blind, San Angelo, TX to add d service(s) to the Procurement Mandatory for: GSA, Southwest Supply Contracting Activity: GSA/FAS Admin Svcs Center: 819 Taylor Street, Fort Worth, TX List that will be furnished by nonprofit Acquisition BR(2, New York, NY Designated Source of Supply: Dallas agencies employing persons who are NSN(s)—Product Name(s): Lighthouse for the Blind, Inc., Dallas, TX blind or have other severe disabilities, 4940–00–803–6444—Spray Kit, Self- Contracting Activity: General Services and deletes product(s) and service(s) Pressurized Administration, FPDS Agency previously furnished by such agencies. Designated Source of Supply: The Lighthouse Coordinator

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Service Type: Facilities Maintenance COMMODITY FUTURES TRADING DEPARTMENT OF EDUCATION Services COMMISSION Mandatory for: DISA, JITC, 3341 Strauss [Docket No.: ED–2021–SCC–0105] Avenue, Building 900, Indian Head, MD Public Availability of Fiscal Year 2019 Agency Information Collection Designated Source of Supply: Beacon Group, Service Contract Inventory Activities; Comment Request; Inc., Tucson, AZ Fulbright-Hays Group Projects Abroad Contracting Activity: Defense Information AGENCY: Commodity Futures Trading Long-Term Participant Survey Systems Agency (DISA), IT Contracting Commission. Division—PL83 AGENCY: Office of Postsecondary Service Type: Facilities Maintenance ACTION: Notice of availability. Education (OPE), Department of Services Education (ED). Mandatory for: DISA, JITC, 4465 Indian Head SUMMARY: The Commodity Futures ACTION: Notice. Highway, Ely Building, Indian Head, MD Trading Commission (CFTC) is Designated Source of Supply: Beacon Group, publishing this notice to advise the SUMMARY: In accordance with the Inc., Tucson, AZ public of the availability of CFTC’s Paperwork Reduction Act of 1995, ED is Contracting Activity: Defense Information Fiscal Year 2019 Service Contract proposing a new information collection. Systems Agency (DISA), IT Contracting Inventory. DATES: Interested persons are invited to Division—PL83 submit comments on or September 14, Service Type: Facilities Maintenance FOR FURTHER INFORMATION CONTACT: 2021. Services Questions regarding the service contract ADDRESSES: To access and review all the Mandatory for: DISA, JITC, 6910 Cooper inventory should be directed to Kathryn documents related to the information Avenue, Fort Meade, MD Rison, Contracting Officer, at 202–418– collection listed in this notice, please Designated Source of Supply: Beacon Group, 5419 or [email protected]. use http://www.regulations.gov by Inc., Tucson, AZ SUPPLEMENTARY INFORMATION: In searching the Docket ID number ED– Contracting Activity: Defense Information accordance with section 743 of division 2021–SCC–0105. Comments submitted Systems Agency (DISA), IT Contracting C of the Consolidated Appropriations in response to this notice should be Division—PL83 submitted electronically through the Act of 2010, Public Law 111–117, 123 Federal eRulemaking Portal at http:// Service Type: Facilities Maintenance Stat. 3034, CFTC is publishing this Services www.regulations.gov by selecting the notice to advise the public of the Mandatory for: DISA, JITC, 3341 Strauss Docket ID number or via postal mail, Avenue, Building 900, Indian Head, MD availability of the Fiscal Year (FY) 2019 commercial delivery, or hand delivery. Designated Source of Supply: Didlake, Inc., Service Contract Inventory. CFTC has If the regulations.gov site is not Manassas, VA posted its inventory documents on the available to the public for any reason, Contracting Activity: Defense Information agency website at the following link: ED will temporarily accept comments at Systems Agency (DISA), DITCO–FT https://www.cftc.gov/About/ [email protected]. Please include the HUACHUCA PL65 CFTCReports/index.htm. docket ID number and the title of the Service Type: Facilities Maintenance This inventory provides information information collection request when Services on service contracts above the requesting documents or submitting Mandatory for: DISA, JITC, 4465 Indian Head Simplified Acquisition Threshold comments. Please note that comments Highway, Ely Building, Indian Head, MD ($150,000), as determined by the base submitted by fax or email and those Designated Source of Supply: Didlake, Inc., and all options value, that were submitted after the comment period will Manassas, VA awarded in FY 2019. CFTC’s service not be accepted. Written requests for Contracting Activity: Defense Information contract inventory data is included in information or comments submitted by Systems Agency (DISA), DITCO–FT the government-wide inventory, which postal mail or delivery should be HUACHUCA PL65 can be filtered to display the CFTC- addressed to the PRA Coordinator of the Strategic Collections and Clearance Service Type: Facilities Maintenance specific data. A link to the government- Governance and Strategy Division, U.S. Services wide inventory is included in the Mandatory for: DISA, JITC, 6910 Cooper Department of Education, 400 Maryland posting on the CFTC website, or it can Avenue, Fort Meade, MD Ave. SW, LBJ, Room 6W208D, Designated Source of Supply: Didlake, Inc., be accessed directly at https:// Washington, DC 20202–8240. www.acquisition.gov/service-contract- Manassas, VA FOR FURTHER INFORMATION CONTACT: For inventory. Contracting Activity: Defense Information specific questions related to collection Systems Agency (DISA), DITCO–FT The inventory documents posted on activities, please contact Cory Neal, HUACHUCA PL65 the CFTC website also include the CFTC 202–453–6137. Service Type: Laundry Service FY 2018 Service Contract Inventory SUPPLEMENTARY INFORMATION: The Mandatory for: U.S. Air Force, Wright- Analysis (dated February 20, 2020). This Department of Education (ED), in Patterson Air Force Base Medical Center, report provides information about the accordance with the Paperwork Wright-Patterson AFB, OH, 4881 Sugar Product Service Codes that the CFTC Reduction Act of 1995 (PRA) (44 U.S.C. Maple Drive, Wright-Patterson AFB, OH analyzed from the 2018 inventory. 3506(c)(2)(A)), provides the general Designated Source of Supply: Greene, Inc., Dated: July 13, 2021. public and Federal agencies with an Xenia, OH opportunity to comment on proposed, Christopher Kirkpatrick, Contracting Activity: Dept of the Air Force, revised, and continuing collections of FA8601 AFLCMC PZIO Secretary of the Commission. information. This helps the Department [FR Doc. 2021–15166 Filed 7–15–21; 8:45 am] Michael R. Jurkowski, assess the impact of its information BILLING CODE 6351–01–P Deputy Director, Business Operations. collection requirements and minimize the public’s reporting burden. It also [FR Doc. 2021–15142 Filed 7–15–21; 8:45 am] helps the public understand the BILLING CODE 6353–01–P Department’s information collection

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requirements and provide the requested DEPARTMENT OF EDUCATION opportunity to comment on proposed, data in the desired format. ED is revised, and continuing collections of [Docket No.: ED–2021–SCC–0099] soliciting comments on the proposed information. This helps the Department information collection request (ICR) that Agency Information Collection assess the impact of its information is described below. The Department of Activities; Comment Request; ESEA collection requirements and minimize Education is especially interested in Fiscal Waiver Requests the public’s reporting burden. It also public comment addressing the helps the public understand the AGENCY: following issues: (1) Is this collection Office of Elementary and Department’s information collection Secondary Education (OESE), necessary to the proper functions of the requirements and provide the requested Department of Education (ED). data in the desired format. ED is Department; (2) will this information be soliciting comments on the proposed processed and used in a timely manner; ACTION: Notice. information collection request (ICR) that (3) is the estimate of burden accurate; SUMMARY: In accordance with the is described below. The Department of (4) how might the Department enhance Paperwork Reduction Act of 1995, ED is Education is especially interested in the quality, utility, and clarity of the requesting the Office of Management public comment addressing the information to be collected; and (5) how and Budget (OMB) to conduct an following issues: (1) Is this collection might the Department minimize the emergency review of a new information necessary to the proper functions of the burden of this collection on the collection. Department; (2) will this information be respondents, including through the use DATES: The Department requested processed and used in a timely manner; of information technology. Please note emergency processing from OMB for (3) is the estimate of burden accurate; that written comments received in this information collection request on (4) how might the Department enhance response to this notice will be July 1, 2021. As a result, the Department the quality, utility, and clarity of the considered public records. is providing the public with the information to be collected; and (5) how Title of Collection: Fulbright-Hays opportunity to comment under the full might the Department minimize the Group Projects Abroad Long-Term comment period. Interested persons are burden of this collection on the invited to submit comments on or before respondents, including through the use Participant Survey. September 14, 2021. of information technology. Please note OMB Control Number: 1840–NEW. ADDRESSES: To access and review all the that written comments received in Type of Review: A new information documents related to the information response to this notice will be collection. collection listed in this notice, please considered public records. use http://www.regulations.gov by Title of Collection: ESEA Fiscal Respondents/Affected Public: Waiver Requests. Individuals and Households. searching the Docket ID number ED– 2021–SCC–0099. Comments submitted OMB Control Number: 1810–0760. Total Estimated Number of Annual in response to this notice should be Type of Review: A new information Responses: 90. submitted electronically through the collection. Respondents/Affected Public: State, Total Estimated Number of Annual Federal eRulemaking Portal at http:// Local, and Tribal Governments. Burden Hours: 23. www.regulations.gov by selecting the Total Estimated Number of Annual Abstract: Grants awarded under the Docket ID number or via postal mail, Responses: 53. commercial delivery, or hand delivery. Fulbright-Hays Group Projects Abroad Total Estimated Number of Annual If the regulations.gov site is not (GPA) program provide opportunities Burden Hours: 53. available to the public for any reason, for faculty, teachers, and undergraduate Abstract: Due to the continued ED will temporarily accept comments at extraordinary circumstances created by and graduate students to participate in [email protected]. Please include the research, language training, and the COVID–19 pandemic and docket ID number and the title of the unprecedented obstacles students, curriculum development projects information collection request when overseas in the fields of modern foreign educators, and schools are facing during requesting documents or submitting the 2020–2021 school year, the U.S. languages and area studies. GPA Long- comments. Please note that comments Department of Education (the Term projects are designed to take submitted by fax or email and those Department) is offering each State advantage of advanced foreign language submitted after the comment period will educational agency (SEA) the training opportunities present in the not be accepted. Written requests for opportunity to request waivers that will country of study that may not available information or comments submitted by afford additional fiscal flexibility for in the United States. The purpose of this postal mail or delivery should be certain funds received under the survey is to collect data demonstrating addressed to the Director of the Strategic Elementary and Secondary Education how GPA Long-Term alumni are Collections and Clearance Governance Act of 1965 (ESEA), pursuant to the utilizing their language training in their and Strategy Division, U.S. Department Department’s authority under section degree programs and careers in the time of Education, 400 Maryland Ave. SW, 8401 of the ESEA. Specifically, the since they participated in the GPA LBJ, Room 6W208D, Washington, DC Department is offering a waiver for an program. 20202–4537. SEA to be able to approve a local FOR FURTHER INFORMATION CONTACT: Dated: July 13, 2021. For educational agency (LEA) to carry over specific questions related to collection more than 15 percent of its fiscal year Kate Mullan, activities, please contact Todd (FY) 2020 Title I, Part A funds (i.e., the PRA Coordinator, Strategic Collections and Stephenson, 202–205–1645. Title I, Part A funds that will become Clearance, Governance and Strategy Division, SUPPLEMENTARY INFORMATION: The carryover funds on October 1, 2021), Office of Chief Data Officer, Office of Department of Education (ED), in even if the LEA has received a waiver Planning, Evaluation and Policy Development. accordance with the Paperwork from its SEA to exceed this limitation Reduction Act of 1995 (PRA) (44 U.S.C. for its FY 2018 or FY 2019 Title I, Part [FR Doc. 2021–15132 Filed 7–15–21; 8:45 am] 3506(c)(2)(A)), provides the general A funds. Second, we are also offering BILLING CODE 4000–01–P public and Federal agencies with an flexibility to each SEA to be able to

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extend for itself and its subgrantees the Ownership Agreement to be effective 7/ and 214 of the Commission’s period of availability of FY 2019 funds 13/2021. Regulations (18 CFR 385.211 and for programs included in the State’s Filed Date: 7/12/21. 385.214) on or before 5:00 p.m. Eastern consolidated State plan to allow Accession Number: 20210712–5005. time on the specified comment date. additional time to obligate those funds. Comments Due: 5 p.m. ET 8/2/21. Protests may be considered, but As the end of the current school year Docket Numbers: ER21–2395–000. intervention is necessary to become a approaches and districts and schools Applicants: Viridity Energy Solutions party to the proceeding. continue to plan for the 2021–2022 Inc. eFiling is encouraged. More detailed school year, knowing whether their SEA Description: Petition for Limited information relating to filing is granted the invited waivers is Waiver of Viridity Energy Solutions, requirements, interventions, protests, essential to informing their planning Inc. service, and qualifying facilities filings because it provides more certainty about Filed Date: 7/9/21. can be found at: http://www.ferc.gov/ the availability of Federal funds for Accession Number: 20210709–5159. docs-filing/efiling/filing-req.pdf. For ESEA programs. Providing a Comments Due: 5 p.m. ET 7/16/21. other information, call (866) 208–3676 streamlined process for SEA waiver Docket Numbers: ER21–2396–000. (toll free). For TTY, call (202) 502–8659. requests will speed the process for both Applicants: Guzman Energy, LLC. Dated: July 12, 2021. the SEA and the Department and help Description: Compliance filing: Cost Debbie-Anne A. Reese, ensure State and local staff are able to justification filing to be effective N/A. Deputy Secretary. maintain focus on the pressing needs of Filed Date: 7/12/21. students. Any additional delay will [FR Doc. 2021–15155 Filed 7–15–21; 8:45 am] Accession Number: 20210712–5073. BILLING CODE 6717–01–P have a negative impact on schools and Comments Due: 5 p.m. ET 8/2/21. students. In order to reduce the burden Docket Numbers: ER21–2397–000. on States, the Department has created an Applicants: Southwestern Public DEPARTMENT OF ENERGY optional template for States to collect Service Company. the information required under ESEA Description: § 205(d) Rate Filing: Federal Energy Regulatory section 8401 to request waivers of 2021–07–12 SPS–TTC-Utility Reloc Commission certain fiscal requirements. The optional Agrmt–729–0.0.0 to be effective 7/13/ template requests only information that 2021. Combined Notice of Filings is required under ESEA section 8401. Filed Date: 7/12/21. The Department obtained OMB Take notice that the Commission has Accession Number: 20210712–5102. received the following Natural Gas approval through emergency processing, Comments Due: 5 p.m. ET 8/2/21. and is now offering the public an Pipeline Rate and Refund Report filings: opportunity to comment on this Docket Numbers: ER21–2398–000. Docket Numbers: RP21–956–000. Applicants: Texas Gas Transmission, information collection. Applicants: ALLETE, Inc. Description: § 205(d) Rate Filing: LLC. Dated: July 7, 2021. Certificate of Concurrence (Bemidji Description: Compliance filing Pro Kate Mullan, OMA) to be effective 4/24/2013. Forma Tariff Records for GMS Go Live PRA Coordinator, Strategic Collections and Filed Date: 7/12/21. to be effective 12/31/9998. Clearance, Governance and Strategy Division, Accession Number: 20210712–5113. Filed Date: 7/6/21. Office of Chief Data Officer. Comments Due: 5 p.m. ET 8/2/21. Accession Number: 20210706–5045. Comments Due: 5 p.m. ET 7/19/21. [FR Doc. 2021–14732 Filed 7–15–21; 8:45 am] Docket Numbers: ER21–2399–000. BILLING CODE 4000–01–P Applicants: ALLETE, Inc. Docket Numbers: RP21–957–000. Description: § 205(d) Rate Filing: Applicants: Northern Natural Gas Certificate of Concurrence (Bemidji Company. DEPARTMENT OF ENERGY TCEA) to be effective 4/24/2013. Description: Compliance filing Filed Date: 7/12/21. 202107 May 2021 Missed Deadline Federal Energy Regulatory Accession Number: 20210712–5116. Imbalance to Storage. Commission Comments Due: 5 p.m. ET 8/2/21. Filed Date: 7/6/21. Accession Number: 20210706–5052. Combined Notice of Filings #1 Take notice that the Commission Comments Due: 5 p.m. ET 7/19/21. received the following PURPA The filings are accessible in the Take notice that the Commission 210(m)(3) filings: Commission’s eLibrary system (https:// received the following electric rate Docket Numbers: QM21–25–000. elibrary.ferc.gov/idmws/search/ filings: Applicants: Buckeye Power, Inc. fercgensearch.asp) by querying the Docket Numbers: ER21–2393–000. Description: Application of Buckeye docket number. Applicants: Arizona Public Service Power, Inc. to Terminate Its Mandatory Any person desiring to intervene or Company. Purchase Obligation under the Public protest in any of the above proceedings Description: Compliance filing: Spot Utility Regulatory Policies Act of 1978. must file in accordance with Rules 211 Market Sales above Soft Price Cap Filed Date: 6/16/21. and 214 of the Commission’s during August 2020 Extreme Heat Event Accession Number: 20210616–5128. Regulations (18 CFR 385.211 and to be effective N/A. Comments Due: 5 p.m. ET 7/14/21. 385.214) on or before 5:00 p.m. Eastern Filed Date: 7/9/21. The filings are accessible in the time on the specified comment date. Accession Number: 20210709–5140. Commission’s eLibrary system (https:// Protests may be considered, but Comments Due: 5 p.m. ET 7/30/21. elibrary.ferc.gov/idmws/search/ intervention is necessary to become a Docket Numbers: ER21–2394–000. fercgensearch.asp) by querying the party to the proceeding. Applicants: Tucson Electric Power docket number. eFiling is encouraged. More detailed Company. Any person desiring to intervene or information relating to filing Description: § 205(d) Rate Filing: Rate protest in any of the above proceedings requirements, interventions, protests, Schedule No. 326 Gila Third Amended must file in accordance with Rules 211 service, and qualifying facilities filings

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can be found at: http://www.ferc.gov/ DEPARTMENT OF ENERGY Filed Date: 7/8/21. docs-filing/efiling/filing-req.pdf. For Accession Number: 20210708–5040. other information, call (866) 208–3676 Federal Energy Regulatory Comments Due: 5 p.m. ET 7/29/21. (toll free). For TTY, call (202) 502–8659. Commission Docket Numbers: ER21–2376–000. Applicants: ALLETE, Inc. Dated: July 8, 2021. Combined Notice of Filings #1 Debbie-Anne A. Reese, Description: § 205(d) Rate Filing: Deputy Secretary. Take notice that the Commission Certificate of Concurrence (Fargo TCEA) to be effective 4/24/2013. [FR Doc. 2021–15150 Filed 7–15–21; 8:45 am] received the following electric corporate filings: Filed Date: 7/8/21. BILLING CODE 6717–01–P Docket Numbers: EC21–103–000. Accession Number: 20210708–5043. Applicants: Rainbow Energy Center, Comments Due: 5 p.m. ET 7/29/21. DEPARTMENT OF ENERGY LLC, Nexus Line, LLC. Docket Numbers: ER21–2377–000. Description: Application for Applicants: Southern California Federal Energy Regulatory Authorization Under Section 203 of the Edison Company. Commission Federal Power Act of Nexus Line, LLC, Description: § 205(d) Rate Filing: First et al. Amendment LGIA Athos Power Plant Combined Notice of Filings Filed Date: 7/8/21. Project SA No. 227 TOT849 to be Accession Number: 20210708–5071. effective 7/9/2021. Take notice that the Commission has Comments Due: 5 p.m. ET 7/29/21. Filed Date: 7/8/21. received the following Natural Gas Take notice that the Commission Accession Number: 20210708–5061. Pipeline Rate and Refund Report filings: received the following electric rate Comments Due: 5 p.m. ET 7/29/21. Docket Numbers: RP21–961–000. filings:. Docket Numbers: ER21–2378–000. Applicants: Transcontinental Gas Docket Numbers: ER10–1910–021; Applicants: National Grid Generation Pipe Line Company, LLC. ER10–1911–021. LLC. Description: § 4(d) Rate Filing: GT&C Applicants: Duquesne Light Description: § 205(d) Rate Filing: Section 50—PTR Replacement on ICTS Company, Duquesne Power, LLC. Annual Reset of Pension and OPEB to be effective 8/8/2021. Description: Notice of Change in Expenses to be effective 1/1/2021. Status of Duquesne Light Company, et Filed Date: 7/8/21. Filed Date: 7/8/21. Accession Number: 20210708–5060. al. Filed Date: 7/7/21. Accession Number: 20210708–5086. Comments Due: 5 p.m. ET 7/20/21. Comments Due: 5 p.m. ET 7/29/21. Docket Numbers: RP21–962–000. Accession Number: 20210707–5129. Comments Due: 5 p.m. ET 7/28/21. Docket Numbers: ER21–2379–000. Applicants: Eastern Gas Transmission Applicants: Rainbow Energy Center, and Storage, Inc. Docket Numbers: ER20–2719–001. Applicants: Ringer Hill Wind, LLC. LLC. Description: § 4(d) Rate Filing: Description: Report Filing: Refund Description: Baseline eTariff Filing: EGTS—July 8, 2021 Administrative Report to be effective N/A. Rainbow Energy Center, LLC MBR Changes to be effective 8/9/2021. Filed Date: 7/8/21. Application Filing to be effective 8/31/ Filed Date: 7/8/21. Accession Number: 20210708–5044. 2021. Accession Number: 20210708–5062. Comments Due: 5 p.m. ET 7/29/21. Filed Date: 7/8/21. Comments Due: 5 p.m. ET 7/20/21. Docket Numbers: ER21–1647–001. Accession Number: 20210708–5101. The filings are accessible in the Applicants: Central Hudson Gas & Comments Due: 5 p.m. ET 7/29/21. Commission’s eLibrary system (https:// Electric Corporation, Consolidated Docket Numbers: ER21–2380–000. elibrary.ferc.gov/idmws/search/ Edison Company of New York, Inc., Applicants: EDF Trading North fercgensearch.asp) by querying the Orange and Rockland Utilities, Inc., America, LLC. docket number. Niagara Mohawk Power Corporation, Description: Compliance filing: Any person desiring to intervene or Rochester Gas and Electric Corporation, Compliance Justification filing 2021 to protest in any of the above proceedings New York State Electric & Gas be effective N/A. must file in accordance with Rules 211 Corporation, New York Independent Filed Date: 7/8/21. and 214 of the Commission’s System Operator, Inc. Accession Number: 20210708–5119. Regulations (18 CFR 385.211 and Description: Tariff Amendment: Comments Due: 5 p.m. ET 7/29/21. 385.214) on or before 5:00 p.m. Eastern Deficiency response on behalf of NYTOs Docket Numbers: ER21–2381–000. time on the specified comment date. re: TO Funding of Tra to be effective Applicants: Wisconsin Electric Power Protests may be considered, but 9/7/2021. Company. intervention is necessary to become a Filed Date: 7/8/21. Description: § 205(d) Rate Filing: Accession Number: 20210708–5069. party to the proceeding. Formula Rate Update Filing for 2020 Comments Due: 5 p.m. ET 7/29/21. eFiling is encouraged. More detailed Rate Year to be effective 9/7/2021. information relating to filing Docket Numbers: ER21–2374–000. Filed Date: 7/8/21. requirements, interventions, protests, Applicants: ALLETE, Inc. Accession Number: 20210708–5121. Description: § 205(d) Rate Filing: service, and qualifying facilities filings Comments Due: 5 p.m. ET 7/29/21. can be found at: http://www.ferc.gov/ Certificate of Concurrence (Fargo CMA) Take notice that the Commission docs-filing/efiling/filing-req.pdf. For to be effective 4/24/2013. received the following electric other information, call (866) 208–3676 Filed Date: 7/8/21. reliability filings. (toll free). For TTY, call (202) 502–8659. Accession Number: 20210708–5038. Comments Due: 5 p.m. ET 7/29/21. Docket Numbers: RD21–5–000. Dated: July 12, 2021. Docket Numbers: ER21–2375–000. Applicants: North American Electric Debbie-Anne A. Reese, Applicants: ALLETE, Inc. Reliability Corporation. Deputy Secretary. Description: § 205(d) Rate Filing: Description: Petition of the North [FR Doc. 2021–15156 Filed 7–15–21; 8:45 am] Certificate of Concurrence (Fargo OMA) American Electric Reliability BILLING CODE 6717–01–P to be effective 4/24/2013. Corporation For Approval of Proposed

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Reliability Standards EOP–011–2, IRO– Impact Statement and Preliminary Management and Budget (OMB) control 010–4, and TOP–003–5 and Request for Section 4(f) Evaluation for Interstate number. No person shall be subject to Expedited Action. 11 Corridor between Nogales and any penalty for failing to comply with Filed Date: 6/17/21. Wickenburg, Arizona, Review Period a collection of information subject to the Accession Number: 20210617–5165. Ends: 08/16/2021, Contact: Alan PRA that does not display a valid OMB Comments Due: 5 p.m. ET 7/29/21. Hansen 602–382–8964. control number. The filings are accessible in the EIS No. 20210097, Draft, FERC, AZ, DATES: Written PRA comments should Commission’s eLibrary system (https:// North Baja Xpress Project, Comment be submitted on or before September 14, elibrary.ferc.gov/idmws/search/ Period Ends: 08/30/2021, Contact: 2021. If you anticipate that you will be fercgensearch.asp) by querying the Office of External Affairs 866–208– submitting comments, but find it docket number. 3372. difficult to do so within the period of Any person desiring to intervene or EIS No. 20210098, Draft, VA, PRO, Draft time allowed by this notice, you should protest in any of the above proceedings Programmatic Environmental Impact advise the contact listed below as soon must file in accordance with Rules 211 Statement for Veterans Affairs as possible. Housing Loan Program, Comment and 214 of the Commission’s ADDRESSES: Direct all PRA comments to Regulations (18 CFR 385.211 and Period Ends: 08/30/2021, Contact: Nicole Ongele, FCC, via email PRA@ 385.214) on or before 5:00 p.m. Eastern Elysium Drumm 202–632–8862. fcc.gov and to [email protected]. time on the specified comment date. Dated: July 12, 2021. FOR FURTHER INFORMATION CONTACT: For Protests may be considered, but Cindy S. Barger, additional information about the intervention is necessary to become a Director, NEPA Compliance Division, Office information collection, contact Nicole party to the proceeding. of Federal Activities. Ongele, (202) 418–2991. eFiling is encouraged. More detailed [FR Doc. 2021–15134 Filed 7–15–21; 8:45 am] SUPPLEMENTARY INFORMATION: information relating to filing BILLING CODE 6560–50–P OMB Control Number: 3060–0149. requirements, interventions, protests, Title: Part 63, Accelerating Wireline service, and qualifying facilities filings Broadband Deployment by Removing can be found at: http://www.ferc.gov/ FEDERAL COMMUNICATIONS Barriers to Infrastructure Investment, docs-filing/efiling/filing-req.pdf. For COMMISSION WC Docket No. 17–84, FCC 18–74. other information, call (866) 208–3676 Form Number(s): N/A. [OMB 3060–0149; FR ID 38144] (toll free). For TTY, call (202) 502–8659. Type of Review: Extension of a Dated: July 8, 2021. Information Collection Being Reviewed currently approved collection. Debbie-Anne A. Reese, by the Federal Communications Respondents: Business or other for Deputy Secretary. Commission profit. [FR Doc. 2021–15147 Filed 7–15–21; 8:45 am] Number of Respondents and AGENCY: Federal Communications Responses: 80 respondents; 88 BILLING CODE 6717–01–P Commission. responses. ACTION: Notice and request for Estimated Time per Response: 6–62 comments. hours per response. ENVIRONMENTAL PROTECTION Frequency of Response: One-time AGENCY SUMMARY: As part of its continuing effort reporting requirement and third-party [ER–FRL–9057–4] to reduce paperwork burdens, and as disclosure requirements. required by the Paperwork Reduction Obligation to Respond: Required to Environmental Impact Statements; Act of 1995 (PRA), the Federal obtain or retain benefits. Statutory Notice of Availability Communications Commission (FCC or authority for this collection of Commission) invites the general public information is contained in 47 U.S.C. Responsible Agency: Office of Federal and other Federal agencies to take this 214 and 402 of the Communications Act Activities, General Information 202– opportunity to comment on the of 1934, as amended. 564–5632 or https://www.epa.gov/nepa. following information collections. Total Annual Burden: 1,096 hours. Weekly receipt of Environmental Impact Comments are requested concerning: Total Annual Cost: $27,900. Statements (EIS) Whether the proposed collection of Privacy Act Impact Assessment: No Filed July 2, 2021 10 a.m. EST Through information is necessary for the proper impact(s). July 12, 2021 10 a.m. EST performance of the functions of the Nature and Extent of Confidentiality: Pursuant to 40 CFR 1506.9. Commission, including whether the Information filed in section 214 Notice information shall have practical utility; applications has generally been the accuracy of the Commission’s nonconfidential. Requests from parties Section 309(a) of the Clean Air Act burden estimate; ways to enhance the seeking confidential treatment are requires that EPA make public its quality, utility, and clarity of the considered by Commission staff comments on EISs issued by other information collected; ways to minimize pursuant to 47 CFR 0.459 of the Federal agencies. EPA’s comment letters the burden of the collection of Commission’s rules. on EISs are available at: https:// information on the respondents, Needs and Uses: The Commission is cdxnodengn.epa.gov/cdx-enepa-public/ including the use of automated seeking the Office of Management and action/eis/search. collection techniques or other forms of Budget (OMB) approval for an extension EIS No. 20210095, Draft, FHWA, NY, information technology; and ways to of a currently approved collection to Interstate 81 Viaduct Project, further reduce the information OMB. The Commission will submit this Comment Period Ends: 09/14/2021, collection burden on small business information collection to OMB after this Contact: Richard J. Marquis 518–431– concerns with fewer than 25 employees. 60-day comment period. Section 214 of 4127. The FCC may not conduct or sponsor a the Communications Act of 1934, as EIS No. 20210096, Final, AZDOT, collection of information unless it amended, requires that a carrier must FHWA, AZ, Tier 1 Environmental displays a currently valid Office of first obtain FCC authorization either to

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(1) construct, operate, or engage in speed and 3 Mbps upload speed are coronavirus developments, the public’s transmission over a line of now subject to a uniform reduced public means to observe this Board meeting communications; or (2) discontinue, comment period of 10 days and an will be via a Webcast live on the reduce or impair service over a line of automatic grant period of 25 days. internet and subsequently made communications. Part 63 of Title 47 of Second, all carriers, whether dominant available on-demand approximately one the Code of Federal Regulations (CFR) or nondominant, seeking authorization week after the event. Visit http:// implements Section 214. Part 63 also to discontinue data services below fdic.windrosemedia.com to view the implements provisions of the Cable speeds of 25 Mbps download speed and live event. Visit http:// Communications Policy Act of 1984 3 Mbps upload speed that have fdic.windrosemedia.com/ previously been grandfathered for a pertaining to video which was approved index.php?category= period of at least 180 days are subject under this OMB Control Number 3060– FDIC+Board+Meetings after the meeting. to a uniform reduced public comment 0149. In 2009, the Commission modified If you need any technical assistance, Part 63 to extend to providers of period of 10 days and an automatic please visit our Video Help page at: interconnected Voice of internet grant period of 31 days, provided they https://www.fdic.gov/video.html. Protocol (VoIP) service the submit a statement as part of their discontinuance obligations that apply to discontinuance application that they Observers requiring auxiliary aids domestic non-dominant have received Commission authority to (e.g., sign language interpretation) for telecommunications carriers under grandfather the services at issue at least this meeting should call 703–562–2404 Section 214 of the Communications Act 180 days prior to the filing of the (Voice) or 703–649–4354 (Video Phone) of 1934, as amended. In 2014, the discontinuance application. This to make necessary arrangements. Commission adopted improved statement must reference the file STATUS: Open. administrative filing procedures for number of the prior Commission domestic transfers of control, domestic authorization to grandfather the services MATTERS TO BE CONSIDERED: Pursuant to discontinuances and notices of network the carrier now seeks to permanently the provisions of the ‘‘Government in changes, and among other adjustments, discontinue. Third, carriers are no the Sunshine Act’’ (5 U.S.C. 552b), modified Part 63 to require electronic longer required to file an application to notice is hereby given that the Federal filing for applications for authorization discontinue, reduce, or impair any Deposit Insurance Corporation’s Board to discontinue, reduce, or impair service service for which it has had no of Directors will meet in open session to under section 214(a) of the Act. customers and no request for service for consider the following matters: In July 2016, the Commission at least a 30-day period immediately concluded that applicants seeking to preceding the discontinuance. Fourth, Summary Agenda discontinue a legacy time division all carriers, whether dominant or nondominant, that seek approval to No substantive discussion of the multiplexing (TDM)-based voice service following items is anticipated. These as part of a transition to a new discontinue legacy voice service can matters will be resolved with a single technology, whether internet Protocol obtain further streamlined processing vote unless a member of the Board of (IP), wireless, or another type with a public comment period of 15 Directors requests that an item be (technology transition discontinuance days and an automatic grant period of application) must demonstrate that an 31 days, provided (1) they offer a moved to the discussion agenda. adequate replacement for the legacy standalone interconnected VoIP service Disposition of Minutes of a Board of service exists in order to be eligible for throughout the service area, and (2) at Directors’ Meeting Previously streamlined treatment and revised part least one alternative stand-alone, Distributed. 63 accordingly. The Commission facilities-based voice service is available from an unaffiliated provider Memorandum and resolution re: concluded that an applicant for a Notice of Proposed Rulemaking on technology transition discontinuance throughout the affected service area (the ‘‘alternative options test’’). Finally, all Revisions to Standardized Approach for may demonstrate that a service is an Calculating the Exposure Amount of adequate replacement for a legacy voice carriers, whether dominant or Derivative Contracts. service by certifying or showing that one nondominant, that seek approval to or more replacement service(s) offers all grandfather legacy voice service are now Discussion Agenda of the following: (i) Substantially similar subject to a uniform reduced public levels of network infrastructure and comment period of 10 days and an Memorandum and resolution re: service quality as the applicant service; automatic grant period of 25 days. Notice of Proposed Rulemaking (ii) compliance with existing federal Federal Communications Commission. Regarding Simplification of Deposit and/or industry standards required to Marlene Dortch, Insurance Rules for Trust and Mortgage ensure that critical applications such as Secretary, Office of the Secretary. Servicing Accounts. 911, network security, and applications [FR Doc. 2021–15183 Filed 7–15–21; 8:45 am] CONTACT PERSON FOR MORE INFORMATION: for individuals with disabilities remain BILLING CODE 6712–01–P Requests for further information available; and (iii) interoperability and concerning the meeting may be directed compatibility with an enumerated list of applications and functionalities to Debra A. Decker, Deputy Executive FEDERAL DEPOSIT INSURANCE Secretary of the Corporation, at 202– determined to be key to consumers and CORPORATION competitors (the ‘‘adequate replacement 898–8748. test’’). In June 2018, the Commission Sunshine Act Meeting Dated at Washington, DC, on July 13, 2021. further modified the rules applicable to Federal Deposit Insurance Corporation. TIME AND DATE: 10:00 a.m. on Tuesday, section 214(a) discontinuance James P. Sheesley, applications. First, all carriers, whether July 20, 2021. Assistant Executive Secretary. dominant or non-dominant, that seek PLACE: The meeting is open to the approval to grandfather data services public. Out of an abundance of caution [FR Doc. 2021–15203 Filed 7–14–21; 11:15 am] below speeds of 25 Mbps download related to current and potential BILLING CODE 6714–01–P

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FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve collection. Comments received generally System, July 13, 2021. will be posted without change to Change in Bank Control Notices; Michele Taylor Fennell, regulations.gov, including any personal Acquisitions of Shares of a Bank or Deputy Associate Secretary of the Board. and/or business confidential Bank Holding Company [FR Doc. 2021–15157 Filed 7–15–21; 8:45 am] information provided. To confirm BILLING CODE 6210–01–P receipt of your comment(s), please The notificants listed below have check regulations.gov, approximately applied under the Change in Bank two-to-three business days after Control Act (Act) (12 U.S.C. 1817(j)) and GENERAL SERVICES submission to verify posting. § 225.41 of the Board’s Regulation Y (12 ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Ms. CFR 225.41) to acquire shares of a bank [OMB Control No. 3090–0205; Docket No. Adina Torberntsson, Procurement or bank holding company. The factors 2021–0001; Sequence No. 9] Analyst, GSA Acquisition Policy that are considered in acting on the Division, via telephone at 303–236– applications are set forth in paragraph 7 General Services Administration 2677, or via email at of the Act (12 U.S.C. 1817(j)(7)). Acquisition Regulation (GSAR); [email protected]. The public portions of the Information Collection; Environmental SUPPLEMENTARY INFORMATION: Conservation, Occupational Safety, applications listed below, as well as A. Purpose other related filings required by the and Drug-Free Workplace Board, if any, are available for AGENCY: Office of Acquisition Policy, The Federal Hazardous Substance Act immediate inspection at the Federal General Services Administration (GSA). and Hazardous Material Transportation Act prescribe standards for packaging of Reserve Bank(s) indicated below and at ACTION: Notice of request for comments hazardous substances. To meet the the offices of the Board of Governors. regarding the extension of a previously requirements of the Acts, the General This information may also be obtained existing OMB clearance. on an expedited basis, upon request, by Services Administration Regulation contacting the appropriate Federal SUMMARY: Under the provisions of the prescribes provision 552.223–72, Reserve Bank and from the Board’s Paperwork Reduction Act, the General Hazardous Material Information, to be inserted in solicitations and contracts Freedom of Information Office at Services Administration will be that provides for delivery of hazardous https://www.federalreserve.gov/foia/ submitting to the Office of Management materials on a Free On Board (FOB) request.htm. Interested persons may and Budget (OMB) a request to review origin basis. express their views in writing on the and approve an extension of a This information collection will be standards enumerated in paragraph 7 of previously approved information collection requirement regarding accomplished by means of the provision the Act. Environmental Conservation, which requires the contractor to identify Comments regarding each of these Occupational Safety, and Drug-Free for each National Stock Number (NSN), applications must be received at the Workplace. the DOT Shipping Name, Department of Reserve Bank indicated or the offices of Transportation (DOT) Hazards Class, DATES: Submit comments on or before: and whether the item requires a DOT the Board of Governors, Ann E. September 14, 2021. Misback, Secretary of the Board, 20th label. Contracting Officers and technical ADDRESSES: Submit comments regarding Street and Constitution Avenue NW, personnel use the information to this burden estimate or any other aspect Washington, DC 20551–0001, not later monitor and ensure contract of this collection of information, than August 2, 2021. requirements based on law and including suggestions for reducing this regulation. A. Federal Reserve Bank of Chicago burden to http://www.regulations.gov. Properly identified and labeled items (Colette A. Fried, Assistant Vice Submit comments via the Federal of hazardous material allows for President) 230 South LaSalle Street, eRulemaking portal by searching the appropriate handling of such items Chicago, Illinois 60690–1414: OMB control number. Select the link throughout GSA’s supply chain system. ‘‘Comment Now’’ that corresponds with 1. The Thomas E. Carter, Sr. Trust The information is used by GSA, stored ‘‘Information Collection 3090–0205, and the Allison M. Carter Trust, Thomas in an NSN database and provided to Environmental Conservation, E. Carter, Sr., individually and as co- GSA customers. Non-Collection and/or Occupational Safety, and Drug-Free trustee of both trusts, with Allison M. a less frequently conducted collection of Workplace’’. Follow the instructions Carter, individually and as co-trustee of the information resulting from GSAR provided on the screen. Please include both trusts; Gwen M. Carter; Mack N. provision 552.223–72 would prevent the your name, company name (if any), and Government from being properly Carter; Samuel K. Carter; Sarah J. ‘‘Information Collection 3090–0205, notified. Government activities may be Carter; Thomas E. Carter, Jr.; and Environmental Conservation, hindered from apprising their certain minor children in the Carter Occupational Safety, and Drug-Free employees of; (1) All hazards to which family, all of Park Ridge, Illinois; Mary Workplace’’ on your attached document. they may be exposed; (2) Relative C. Carter Seidel, Apex, North Carolina; If your comment cannot be submitted symptoms and appropriate emergency Louis J. Carter, Paul P. Carter, and using regulations.gov, call or email the treatment; and (3) Proper conditions and Geoffrey Yerke, all of Chicago, Illinois; points of contact in the FOR FURTHER precautions for safe use and exposure. and Joseph G. Carter, Arlington Heights, INFORMATION CONTACT section of this Illinois; as the Carter Family Control document for alternate instructions. B. Annual Reporting Burden Group, a group acting in concert, to Instructions: Please submit comments Respondents: 563. retain voting shares of Community Bank only and cite Information Collection Corp., and thereby indirectly retain 3090–0205, Environmental Responses per Respondent: 3. voting shares of Park Ridge Community Conservation, Occupational Safety, and Total Responses: 1,689. Bank, both of Park Ridge, Illinois. Drug-Free Workplace, in all Hours per Response: .67. correspondence related to this Total Burden Hours: 1,132.

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C. Public Comments Appropriations Act (Pub. L. 111–117), implementing regulation at 31 CFR Public comments are particularly GSA is publishing this notice to advise 34.401(b), require that, for purposes of invited on: Whether this collection of the public of the availability of the awards made under the Council- information is necessary, whether it will Fiscal Year 2019 Service Contract Selected Restoration Component, a State have practical utility; whether our Inventory. This inventory is available at or Federal award recipient may make a https://www.acquisition.gov/service- estimate of the public burden of this grant or subaward to or enter into a contract-inventory. The inventory collection of information is accurate, cooperative agreement with a provides information on and based on valid assumptions and nongovernmental entity that equals or governmentwide service contract methodology; ways to enhance the exceeds ten (10) percent of the total actions over $25,000 that were made in quality, utility, and clarity of the amount of the award provided to the FY 2019. The service contract inventory information to be collected; and ways in State or Federal award recipient only if information located on acquisition.gov which we can minimize the burden of can be filtered by agency and certain notice requirements are met. the collection of information on those component to show how contracted Specifically, at least 30 days before the who are to respond, through the use of resources are distributed throughout any State or Federal award recipient enters appropriate technological collection agency. The inventory has been into such an agreement, the Council techniques or other forms of information developed in accordance with the must publish in the Federal Register technology. guidance issued on December 19, 2011, and deliver to specified Congressional Obtaining copies of proposals: by the Office of Management and Committees the name of the recipient Requesters may obtain a copy of the Budget’s Office of Federal Procurement and subrecipient; a brief description of information collection documents from Policy (OFPP). The OFPP’s guidance is the activity, including its purpose; and the GSA Regulatory Secretariat Division, available at: https:// the amount of the award. This notice by calling 202–501–4755 or emailing obamawhitehouse.archives.gov/omb/ accomplishes the Federal Register [email protected]. Please cite OMB procurement-service-contract- requirement. Control No. 3090–0205, Environmental inventories. GSA has posted its FY 2018 Conservation, Occupational Safety, and inventory analyses and its planned Description of Proposed Action Drug-Free Workplace, in all analyses of FY 2019 actions at the correspondence. As specified in Funded Priorities List following location: http://www.gsa.gov/ 3b, which is available on the Council’s Jeffrey A. Koses, gsasci. website at https:// Senior Procurement Executive, Office of Jeffrey Koses, www.restorethegulf.gov/funded- Acquisition Policy, Office of Government- priorities-list-3b, RESTORE Act funds in wide Policy. Senior Procurement Executive, Office of Acquisition Policy, Office of Governmentwide the amount of $11,971,250 to implement [FR Doc. 2021–15138 Filed 7–15–21; 8:45 am] Policy. the Gulf of Mexico Coast Conservation BILLING CODE 6820–61–P [FR Doc. 2021–15102 Filed 7–15–21; 8:45 am] Corps (GulfCorps) Program will be BILLING CODE 6820–61–P provided through an interagency GENERAL SERVICES agreement (IAA) with the National ADMINISTRATION Oceanic and Atmospheric GULF COAST ECOSYSTEM Administration (NOAA) Restoration [Notice–MV–2021–01; Docket No. 2021– RESTORATION COUNCIL Center of the U.S. Department of 0002; Sequence 16] [Docket No. 107122021–1111–02] Commerce. The GulfCorps program Public Availability of General Services supports the primary RESTORE Administration Fiscal Year 2019 Notice of Proposed Subaward Under a Comprehensive Plan goal of restoring Service Contract Inventory Council-Selected Restoration and conserving habitat. Under the Component Award GulfCorps Interagency Agreement, the AGENCY: Office of Governmentwide AGENCY: Gulf Coast Ecosystem NOAA Restoration Center will provide Policy, General Services Restoration Council. a subaward in the amount of Administration, (GSA). ACTION: Notice. $11,321,250 to The Nature Conservancy ACTION: Notice of public availability of (TNC), a non-profit organization. GSA Fiscal Year 2019 Service Contract SUMMARY: The Gulf Coast Ecosystem Through the TNC subaward, Inventory. Restoration Council (RESTORE Council) GulfCorps organizations in each Gulf publishes notice of a proposed state will recruit, train, employ and help SUMMARY: In accordance with The Fiscal subaward from the National Oceanic to inspire hundreds of young adults to Year (FY) 2010 Consolidated and Atmospheric Administration Appropriations Act, GSA is publishing (NOAA) Restoration Center of the U.S. produce habitat restoration benefits and this notice to advise the public of the Department of Commerce to The Nature become the Gulf of Mexico’s future availability of the FY 2019 Service Conservancy (TNC), a non-profit restoration workforce. GulfCorps will Contract Inventory. organization, to conduct activities continue to collaborate with State, DATES: Applicable: July 16, 2021. approved in Funded Priorities List 3b. Federal and local agencies, and non- FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: profit organizations to manage natural Questions regarding the Service Please send questions by email to resources and implement restoration, Contract Inventory should be directed to [email protected]. conservation and resilience projects. Mr. Jeffrey Pitts in the Office of SUPPLEMENTARY INFORMATION: Section Mark D. Bisgeier, Acquisition Policy at 202–501–0712 or 1321(t)(2)(E)(ii)(III) of the Resources and General Counsel. [email protected]. Ecosystems Sustainability, Tourist [FR Doc. 2021–15109 Filed 7–15–21; 8:45 am] SUPPLEMENTARY INFORMATION: In Opportunities, and Revived Economies accordance with section 743 of Division Act of 2012 (33 U.S.C. 1321(t)) BILLING CODE 6560–58–P C of the FY 2010 Consolidated (RESTORE Act) and Treasury’s

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DEPARTMENT OF HEALTH AND If you have any questions or Telephone: +1 312 626 6799, Webinar HUMAN SERVICES comments that you would like to see ID: 839 4304 5020. addressed during the virtual CDC has taken into consideration the Centers for Disease Control and information meeting, please email those limited internet availability in the Prevention to [email protected] no later project vicinity. The PowerPoint [Docket No. CDC–2018–0057] than July 26, 2021. presentation will be available for Deadline for Requests for Special download in advance of the meeting Final Environmental Impact Statement; Accommodations: Persons wishing to here: [https://gsa.gov/about-us/regions/ Acquisition of Site for Development of participate in the public meeting who welcome-to-the-midatlantic-region-3/ a Replacement Underground Safety need special accommodations should buildings-and-facilities/west-virginia/ Research Program Facility for the contact Sam Tarr at 770–488–8170 by cdc-niosh-mine-site-selection- Centers for Disease Control and 5:00 p.m. Eastern Time, July 26, 2021. acquisition-environmental-impact- Prevention/National Institute for CDC will issue a final decision on the statement]. Those with limited internet Occupational Safety and Health (CDC/ Proposed Action on or after August 16, connectivity can download the NIOSH) in Mace, West Virginia; 2021. presentation in advance and then call into the meeting using the Zoom phone Availability and Public Information ADDRESSES: number. Electronic materials will be Meeting Copies of the Final EIS can be available for download by close of AGENCY: Centers for Disease Control and obtained at: • business on July 30, 2021. Prevention (CDC), Department of Health Federal eRulemaking Portal: http:// Should you need a hardcopy of the and Human Services (HHS). www.regulations.gov (reference Docket PowerPoint presentation, please email ACTION: Notice of availability. No. CDC–2018–0057) • your request, including name and Linwood Community Library, 72 address, to [email protected] no SUMMARY: The Centers for Disease Snowshoe Drive, Slatyfork, West later than July 26, 2021. Representatives Control and Prevention (CDC) within Virginia 26291. of CDC and GSA will not be taking • the Department of Health and Human Elkins Randolph County Public questions during the meeting and Services (HHS), in cooperation with the Library, 416 Davis Ave, Elkins, WV request questions be submitted in General Services Administration (GSA), 26241. advance of the meeting so the agencies • announces the availability of a Final By written request (electronic can incorporate those questions into the Environmental Impact Statement (FEIS) copies only) to: cdc-macewv-eis@ presentation so that all participants for the proposed acquisition of a site in cdc.gov. receive the same hardcopy information. Mace, West Virginia, and the An electronic copy of the public If you have any questions or comments development of this site into a information meeting materials can be that you would like to see addressed replacement for the National Institute obtained after 6:00 p.m., July 30, 2021 during the virtual information meeting, for Occupational Safety and Health at: please email those to cdc-macewv-eis@ (NIOSH) Underground Safety Research • https://gsa.gov/about-us/regions/ cdc.gov no later than July 26, 2021. Program facility (Proposed Action). The welcome-to-the-midatlantic-region-3/ Background: CDC is dedicated to proposed acquisition and development buildings-and-facilities/west-virginia/ protecting health and promoting quality would replace the former Lake Lynn cdc-niosh-mine-site-selection- of life through the prevention and Experimental Mine in Fayette County, acquisition-environmental-impact- control of disease, injury, and disability. Pennsylvania and would support statement. NIOSH, one of CDC’s Centers, Institute, research programs focused on miner FOR FURTHER INFORMATION CONTACT: Sam and Offices, was established by the health and safety issues. The site being Occupational Safety and Health Act of considered for acquisition and Tarr, Office of Safety, Security, and Asset Management (OSSAM), Centers 1970. NIOSH plans, directs, and development includes 461.35 acres coordinates a national program to located off U.S. Route 219 in Randolph for Disease Control and Prevention, 1600 Clifton Road NE, H20–4, Atlanta, develop and establish recommended and Pocahontas Counties near Mace, occupational safety and health West Virginia (Site). The Final EIS and Georgia 30329–4027, phone: (770) 488– 8170, or email: cdc-macewv-eis@ standards, conduct research and this notice are published pursuant to the training, provide technical assistance, cdc.gov. requirements of the National and perform related activities to ensure Environmental Policy Act of 1969 SUPPLEMENTARY INFORMATION: safe and healthful working conditions (NEPA) as implemented by the Council Public Information Meeting: for every working person in the United on Environmental Quality (CEQ) Public participation is an essential States. Regulations (40 CFR parts 1500–1508). part of the NEPA process. Therefore, In 1997, when the mine safety and In parallel with the NEPA process, CDC although CDC has fulfilled the public health function was transferred from the also completed consultation with the meeting requirements under NEPA, due Bureau of Mines (BOM) to NIOSH, West Virginia State Historic to the changes in the Final EIS that have NIOSH took over the lease for a facility Preservation Office under Section 106 of resulted from stakeholder input and to referred to as the Lake Lynn the National Historic Preservation Act to ensure that the stakeholders have the Experimental Mine (LLEM). BOM had evaluate the potential effects, if any, of opportunity to learn of the changes and leased the LLEM facility since 1982. The the Proposed Action on historic mitigation measures, CDC is holding an LLEM is located 60 miles south of properties. information meeting to discuss the key Pittsburgh, Pennsylvania. The LLEM DATES: changes in the Final EIS. The and its aboveground fire testing facility Public Information Meeting: The information meeting will be virtual due were primarily used for studies and public meeting will be held on August to COVID–19 restrictions. The virtual research on mine explosions, mine 5, 2021 from 6:00 to 7:00 p.m. The information meeting will be held on: seals, mine rescue, ventilation, diesel meeting will be held via Zoom. See the August 5, 2021 from 6:00 to 7:00 p.m. exhaust, new health and safety SUPPLEMENTARY INFORMATION for more at Zoom Webinar: https:// technologies, ground control, and fire information. us02web.zoom.us/j/83943045020 Or suppression. After December 2012, the

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property was no longer available for Proposed Action Alternative proposed action. Interested persons are long-term leasing. CDC attempted to (acquisition of the Site and construction invited to send comments regarding our purchase the underlying property on of a new underground safety research burden estimates or any other aspect of which LLEM is located, but NIOSH facility) and the No Action Alternative. this collection of information, including vacated the LLEM after market-based No other alternatives were considered the necessity and utility of the proposed purchase offers were rejected by the because only one qualifying site was information collection for the proper property owners. identified through the site selection performance of the agency’s functions, In 2013, CDC completed a Project process discussed above. the accuracy of the estimated burden, Development Study to outline a design Publication of the Draft EIS notice ways to enhance the quality, utility, and solution to replace the LLEM. The study initiated a 51-day review period, which clarity of the information to be presented the facility and site ended on April 5, 2019. During this collected, and the use of automated requirements and design concepts for period, CDC received comments from collection techniques or other forms of the replacement facilities. In 2016, to government agencies, a Native information technology to minimize the identify potentially available locations American tribe, and the public. These information collection burden. that could accommodate the space comments pertained to the proposed DATES: Comments must be received by requirements defined in the 2013 study, action in general, including the purpose September 14, 2021. GSA issued (on behalf of CDC) two and need; water quality/groundwater separate Requests for Expressions of impacts; traffic impacts; tourism ADDRESSES: When commenting, please Interest (REOI) for a site, developed or impacts; noise and vibration impacts; reference the document identifier or undeveloped, that could be used for the viewshed impacts; and wildlife impacts. OMB control number. To be assured new underground safety research All comments were considered when consideration, comments and facility. The first REOI, advertised in preparing the Final EIS and responses to recommendations must be submitted in June 2016, contained a limited the comments are provided in the Final any one of the following ways: delineated area within a 200-mile radius EIS. The Final EIS identifies the 1. Electronically. You may send your of the LLEM. The REOI set forth criteria Proposed Action Alternative as CDC’s comments electronically to http:// that would be used to evaluate the Preferred Alternative. www.regulations.gov. Follow the suitability of the submitted sites. One CDC will make a decision on whether instructions for ‘‘Comment or expression of interest that had the to proceed with the Proposed Action on Submission’’ or ‘‘More Search Options’’ potential to meet the minimum criteria or after August 16, 2021. At that time, to find the information collection was received. After further evaluation, CDC will issue a Record of Decision document(s) that are accepting however, the site was found to be non- documenting and explaining its comments. viable. decision based on the Final EIS. 2. By regular mail. You may mail written comments to the following The second REOI was issued in Dated: July 13, 2021. October 2016 and expanded the address: CMS, Office of Strategic Sandra Cashman, delineated area to the entire contiguous Operations and Regulatory Affairs, United States. Three expressions of Executive Secretary, Centers for Disease Division of Regulations Development, Control and Prevention. interest were received for sites in Attention: Document Identifier/OMB Kentucky, Missouri, and West Virginia. [FR Doc. 2021–15139 Filed 7–15–21; 8:45 am] Control Number: ll, Room C4–26–05, The Kentucky site did not meet the BILLING CODE 4163–18–P 7500 Security Boulevard, Baltimore, minimum criteria, and the Missouri site Maryland 21244–1850. To obtain copies of a supporting expression of interest did not contain all DEPARTMENT OF HEALTH AND statement and any related forms for the necessary information to evaluate. The HUMAN SERVICES offeror of the Missouri site did not proposed collection(s) summarized in respond to subsequent GSA inquiries. Centers for Medicare & Medicaid this notice, you may make your request The potential site in West Virginia Services using one of following: met the minimum criteria and was 1. Access CMS’ website address at determined to be a viable site. The site [Document Identifier: CMS–10768] website address at https://www.cms.gov/ is located near Mace, West Virginia, and Regulations-and-Guidance/Legislation/ straddles the Randolph and Pocahontas Agency Information Collection PaperworkReductionActof1995/PRA- County lines. Activities: Proposed Collection; Listing.html. In accordance with NEPA, as Comment Request FOR FURTHER INFORMATION CONTACT: implemented by the CEQ regulations (40 AGENCY: Centers for Medicare & William N. Parham at (410) 786–4669. CFR parts 1500–1508), with GSA as a Medicaid Services, Health and Human SUPPLEMENTARY INFORMATION: cooperating agency, CDC prepared a Services (HHS). Draft EIS for the proposed acquisition of ACTION: Notice. Contents the Site and construction of a new underground safety research facility on SUMMARY: The Centers for Medicare & This notice sets out a summary of the the Site. Under NEPA, federal agencies Medicaid Services (CMS) is announcing use and burden associated with the are required to evaluate the an opportunity for the public to following information collections. More environmental effects of their proposed comment on CMS’ intention to collect detailed information can be found in actions and a range of reasonable information from the public. Under the each collection’s supporting statement alternatives to the proposed action Paperwork Reduction Act of 1995 (the and associated materials (see before making a decision. On February PRA), federal agencies are required to ADDRESSES). 14, 2019, in accordance with NEPA, publish notice in the Federal Register CMS–10768—The ESRD Network Peer CDC published a Notice of Availability concerning each proposed collection of Mentoring Program announcing that a Draft EIS for the information (including each proposed Under the PRA (44 U.S.C. 3501– proposed acquisition and development extension or reinstatement of an existing 3520), federal agencies must obtain had been prepared. The Draft EIS collection of information) and to allow approval from the Office of Management evaluated two alternatives: The 60 days for public comment on the and Budget (OMB) for each collection of

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information they conduct or sponsor. and mentees will complete an online announcement. All submitted The term ‘‘collection of information’’ is application form stored in Confluence. information shall remain with the defined in 44 U.S.C. 3502(3) and 5 CFR The application serves to validate the federal government and will not be 1320.3(c) and includes agency requests peer mentor or peer mentee interest in returned. All responses will become or requirements that members of the the ESRD Network Peer Mentoring part of the public record and will not be public submit reports, keep records, or Program. Information collection is held confidential. The federal provide information to a third party. important to the process of pairing peer government reserves the right to use Section 3506(c)(2)(A) of the PRA mentors and mentees with similarly information provided by respondents requires federal agencies to publish a lived experience and interests with their for purposes deemed necessary and 60-day notice in the Federal Register kidney disease. In addition, the legally appropriate. Respondents are concerning each proposed collection of application collects information about advised that the federal government is information, including each proposed the peers’ interest in kidney disease, under no obligation to acknowledge extension or reinstatement of an existing treatment modality, age range, preferred receipt of the information received or collection of information, before gender recognition, and attitudes toward provide feedback to respondents with submitting the collection to OMB for their kidney disease diagnosis. It also respect to any information submitted. approval. To comply with this supports aligning hobbies, and genders Responses will not be accepted after the requirement, CMS is publishing this to support best matched peers with each due date. After a review of the responses notice. other. Form Number: CMS–10768 (OMB received, a notice of funding Information Collection control number: 0938–NEW); opportunity or pre-solicitation synopsis Frequency: Once; Affected Public: and solicitation may be published. 1. Type of Information Collection Individuals and Households; Number of DATES: To be assured consideration in Request: New collection (Request for a Respondents: 75; Total Annual the development of best practices new OMB control number); Title of Responses: 75; Total Annual Hours: 19. guidance, written comments must be Information Collection: The ESRD (For policy questions regarding this submitted and received at the address Network Peer Mentoring Program; Use: collection, contact Lisa Rees at 816– provided below, no later than 11:59 The End Stage Renal Disease (ESRD) 426–6353.) Network Peer Mentoring Program is a p.m. on August 17, 2021. voluntary program designed to provide Dated: July 12, 2021. ADDRESSES: OMH invites the patient peer support to people with William N. Parham, III, submission of the requested information Director, Paperwork Reduction Staff, Office through one of the following methods: kidney disease. In part, the peer support • is beneficial because patients can give of Strategic Operations and Regulatory Preferred method: Submit each other something most practitioners Affairs. information through the Federal do not have: Lived experience with [FR Doc. 2021–15099 Filed 7–15–21; 8:45 am] eRulemaking Portal at http:// kidney disease. The support and BILLING CODE 4120–01–P www.regulations.gov. Follow the online instructions for submissions. perspective of someone who has ‘‘been • there’’ can help people better cope with Email: Send comments to their circumstances. DEPARTMENT OF HEALTH AND [email protected] with the The ESRD Network Peer Mentoring HUMAN SERVICES subject line ‘‘OMH RFI: AAPI Best Program is a partnership between Practices.’’ dialysis facilities, ESRD Networks, and Best Practices for Advancing Cultural Submissions received after the patient peer mentors and mentees that Competency, Language Access and deadline will not be reviewed. Respond wish to engage in the program. The peer Sensitivity Toward Asian Americans concisely and in plain language. You mentoring program is organized and and Pacific Islanders may use any structure or layout that presents your information well. You published with educational AGENCY: Office of Minority Health, may respond to some or all of our opportunities for peer mentors and Department of Health and Human questions, and you can suggest other mentees, provides resources, and Services (HHS). factors or relevant questions. You may includes a complementary toolkit for ACTION: Request for information. ESRD Networks and dialysis facilities to also include links to online material or promote and operationalize the SUMMARY: The U.S. Department of interactive presentations. Clearly mark program. Health and Human Services (HHS) any proprietary information and place it Program applicants are people with Office of Minority Health (OMH) seeks in its own section or file. Your response ESRD who: (1) Are adults over the age input from Asian American and Pacific will become government property, and of 18; have been receiving in-center or Islander (AAPI) communities and AAPI- we may publish some of its non- home dialysis or have been transplanted serving organizations to inform the proprietary content. for at least six months; actively engage development of guidance describing FOR FURTHER INFORMATION CONTACT: in the care plan; consistently best practices for advancing cultural Juliet Bui, 1101 Wootton Parkway, Suite demonstrate leadership qualities at competency, language access, and 100, Rockville, MD, 20852, (240) 453– facility Quality Assurance & sensitivity toward Asian Americans and 6166, [email protected]. Performance Improvement (QAPI) Pacific Islanders in the context of the SUPPLEMENTARY INFORMATION: meetings, Lobby Days, and other facility Federal Government’s COVID–19 activities; and wish to be a peer mentor; response. This is NOT a solicitation for I. Background Information or (2) are over 18 years of age; are newly proposals or proposal abstracts. On January 26, 2021, President Biden diagnosed patients but have been on in- Please note: This request is for issued a Memorandum Condemning and center dialysis for at least six months; information (RFI) and is for planning Combating Racism, Xenophobia, and are looking for peer support to help purposes only. It is not a notice for a Intolerance against Asian Americans them transition to their new reality; and proposal and does not commit the and Pacific Islanders in the United are known as a peer mentee. federal government to issue a States. The memorandum directed the To participate in the ESRD Network solicitation, make an award, or pay any HHS Secretary, in coordination with the Peer Mentoring Program, peer mentors costs associated with responding to this COVID–19 Health Equity Task Force, to

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consider issuing guidance describing Linguistically Appropriate Services in 93.337, 93.393–93.396, 93.837–93.844, best practices for advancing cultural Health and Health Care (National 93.846–93.878, 93.892, 93.893, National competency, language access, and CLAS Standards). Institutes of Health, HHS) sensitivity toward AAPIs in the context • What sources/resources should Dated: July 12, 2021. of the federal government’s COVID–19 HHS use to identify additional best Tyeshia M. Roberson-Curtis, response, including best practices set practices in these areas? Program Analyst, Office of Federal Advisory forth by public health organizations and • What considerations should be Committee Policy. experts for mitigating racially made in the content, audiences and [FR Doc. 2021–15119 Filed 7–15–21; 8:45 am] discriminatory language in describing format for best practices guidance BILLING CODE 4140–01–P the COVID–19 pandemic. OMH is products, particularly to support leading a Departmental response to the implementation? memorandum. In accordance with this • How should the best practices DEPARTMENT OF HEALTH AND memorandum, OMH seeks to obtain guidance be disseminated (e.g., HUMAN SERVICES information that may become part of or mechanisms, audiences)? inform guidance to be issued regarding • Beyond issuing best practices National Institutes of Health best practices. guidance, how can HHS support implementation of the best practices? Center for Scientific Review; Notice of II. Definitions Closed Meeting Dated: July 12, 2021. For the purposes of this RFI, the following working definitions apply. Juliet Bui, Pursuant to section 10(d) of the Best practices—A practice supported Public Health Advisor, Office of Minority Federal Advisory Committee Act, as by evidence indicating effectiveness in Health. amended, notice is hereby given of the advancing cultural competence, [FR Doc. 2021–15168 Filed 7–15–21; 8:45 am] following meeting. language access or sensitivity toward BILLING CODE 4150–29–P The meeting will be closed to the AAPIs in the context of the COVID–19 public in accordance with the response, generally demonstrated provisions set forth in sections through systematic review, research, DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., evaluation or practice-based evidence. HUMAN SERVICES as amended. The grant applications and Practices could include interventions, the discussions could disclose National Institutes of Health programs, strategies, policies, confidential trade secrets or commercial procedures, processes or other activities. Center for Scientific Review; Notice of property such as patentable material, COVID–19 response—Federal Closed Meeting and personal information concerning activities including, but not limited to: individuals associated with the grant • Data collection, utilization and Pursuant to section 10(d) of the applications, the disclosure of which reporting Federal Advisory Committee Act, as would constitute a clearly unwarranted • Allocation of personal protective amended, notice is hereby given of the invasion of personal privacy. equipment (PPE), tests, vaccines, following meeting. Name of Committee: Center for Scientific therapeutics and other resources The meeting will be closed to the Review Special Emphasis Panel; Member • Enforcement of anti-discrimination public in accordance with the Conflict: Neurodevelopment, and HIPAA requirements pertaining provisions set forth in sections Neurodegeneration, Neuroimmunology, to availability and access to COVID– 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Infections Diseases and Brain Tumors. 19 care and treatment as amended. The grant applications and Date: July 29, 2021. • Assistance to individuals and families the discussions could disclose Time: 11:00 a.m. to 5:00 p.m. experiencing disproportionate confidential trade secrets or commercial Agenda: To review and evaluate grant applications. economic or health effects from property such as patentable material, Place: National Institutes of Health, 6701 COVID–19 and personal information concerning • Rockledge Drive, Bethesda, MD 20892 Training and placement of contact individuals associated with the grant (Virtual Meeting). tracers and other workers applications, the disclosure of which Contact Person: Pat Manos, Ph.D., • Outreach related to vaccine trust and would constitute a clearly unwarranted Scientific Review Officer, Center for uptake, public health measures/ invasion of personal privacy. Scientific Review, National Institutes of prevention, testing, or other Health, 6701 Rockledge Drive, Room 5200, Name of Committee: Center for Scientific MSC 7846, Bethesda, MD 20892, 301–408– mitigation measure Review Special Emphasis Panel; 9866, [email protected]. Endocrinology and Reproduction. III. Questions This notice is being published less than 15 • Date: August 5, 2021. What specific best practices in the Time: 12:00 p.m. to 1:30 p.m. days prior to the meeting due to the timing areas listed below should be included in Agenda: To review and evaluate grant limitations imposed by the review and federal guidance? Please describe the applications. funding cycle. best practice(s), evidence of its Place: National Institutes of Health, (Catalogue of Federal Domestic Assistance effectiveness, and how it has been Rockledge II, 6701 Rockledge Drive, Program Nos. 93.306, Comparative Medicine; applied (or could be applied) to COVID– Bethesda, MD 20892 (Telephone Conference 93.333, Clinical Research, 93.306, 93.333, Call). 93.337, 93.393–93.396, 93.837–93.844, 19 response activities. 93.846–93.878, 93.892, 93.893, National Æ Contact Person: Dianne Hardy, Ph.D., Advancing cultural competency Scientific Review Officer, Center for Institutes of Health, HHS) toward AAPIs Scientific Review, National Institutes of Dated: July 12, 2021. Æ Advancing language access for AAPIs Health, 6701 Rockledge Drive, Room 6175, Æ Advancing sensitivity toward AAPIs MSC 7892, Bethesda, MD 20892, 301–435– Tyeshia M. Roberson-Curtis, Æ Mitigating racially discriminatory 1154, [email protected]. Program Analyst, Office of Federal Advisory language against AAPIs (Catalogue of Federal Domestic Assistance Committee Policy. Æ Practices that apply the National Program Nos. 93.306, Comparative Medicine; [FR Doc. 2021–15120 Filed 7–15–21; 8:45 am] Standards for Culturally and 93.333, Clinical Research, 93.306, 93.333, BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND populations in the United States and physicians, licensed mental health HUMAN SERVICES evaluate the extent to which federal professionals, advance practice substance use disorder prevention and registered nurses, and physician Substance Abuse and Mental Health treatment strategies are aligned with assistants, who have experience in Services Administration State and local substance use disorder treating individuals with substance use prevention and treatment strategies; (4) disorders; substance use disorder Notice of Meeting for the make recommendations to the Secretary treatment professionals who provide Interdepartmental Substance Use regarding any appropriate changes with treatment services at a certified opioid Disorders Coordinating Committee respect to the activities and strategies treatment program; substance use (ISUDCC) described in items (1) through (3) above; disorder treatment professionals who AGENCY: Substance Abuse and Mental (5) make recommendations to the have research or clinical experience in Health Services Administration, Secretary regarding public participation working with racial and ethnic minority Department of Health and Human in decisions relating to substance use populations; substance use disorder Services. disorders and the process by which treatment professionals who have public feedback can be better integrated ACTION: Notice. research or clinical mental health into such decisions; and (6) make experience in working with medically SUMMARY: The Secretary of Health and recommendations to ensure that underserved populations; state-certified Human Services (Secretary) announces substance use disorder research, substance use disorder peer support a meeting of the Interdepartmental services, supports, and prevention specialists; drug court judge or a judge Substance Use Disorders Coordinating activities of the Department of Health with experience in adjudicating cases Committee (ISUDCC). and Human Services and other federal related to substance use disorder; public The ISUDCC is open to the public and agencies are not unnecessarily safety officers with extensive experience members of the public can attend the duplicative. in interacting with adults with a meeting via telephone or webcast only, Not later than one year after the date substance use disorder; and individuals and not in person. Agenda with call-in of the enactment of this Act, and with experiences providing services for information will be posted on the annually thereafter for the life of the homeless individuals with a substance SAMHSA website prior to the meeting Committee, the Committee shall publish use disorder. at: https://www.samhsa.gov/about-us/ on the internet website of the Department of Health and Human The ISUDCC is required to meet at advisory-councils/meetings. The least twice per year. meeting will include information on Services, which may include the public support for the mission and work of the information dashboard established To attend virtually, submit written or Committee, federal advances to address under section 1711 of the Public Health brief oral comments, or request special challenges in substance use disorder Service Act, as added by section 7021, accommodation for persons with (SUD); non-federal advances to address a report summarizing the activities disabilities, contact Tracy Goss. challenges in SUD. carried out by the Committee pursuant Individuals can also register on-line at: Committee Name: Interdepartmental to subsection (e), including any findings https://snacregister.samhsa.gov/ Substance Use Disorders Coordinating resulting from such activities. MeetingList.aspx. Committee (ISUDCC). II. Membership The public comment section will be DATES: Date/Time/Type: August 26, This ISUDCC consists of federal scheduled at the conclusion of the 2021 from 1:00 p.m. EST–5:00 p.m. EST. members listed below or their meeting. Individuals interested in ADDRESSES: The meeting will be held designees, and non-federal public submitting a comment, must notify virtually and can be accessed via Zoom. members. Tracy Goss on or before August 20th via SUPPLEMENTARY INFORMATION: Federal Membership: Members email to: [email protected]. include, The Secretary of Health and Up to three minutes will be allotted I. Background and Authority Human Services; The Attorney General for each approved public comment as The Interdepartmental Substance Use of the United States; The Secretary of time permits. Written comments Disorders Coordinating Committee is Labor; The Secretary of Housing and received in advance of the meeting will required under Section 7022 of the Urban Development; The Secretary of be considered for inclusion in the Substance Use-Disorder Prevention that Education; The Secretary of Veterans official record of the meeting. Promotes Opioid Recovery and Affairs; The Commissioner of Social Substantive meeting information and Treatment for Patients and Communities Security; The Assistant Secretary for a roster of Committee members is Act (SUPPORT Act, Pub. L. 115–271) to Mental Health and Substance Use; The available at the Committee’s website: accomplish the following duties: (1) Director of National Drug Control https://www.samhsa.gov/about-us/ Identify areas for improved coordination Policy; representatives of other Federal advisory-councils/meetings. of activities, if any, related to substance agencies that support or conduct use disorders, including research, activities or programs related to FOR FURTHER INFORMATION CONTACT: services, supports, and prevention substance use disorders, as determined Tracy Goss, ISUDCC Designated Federal activities across all relevant federal appropriate by the Secretary. Officer, Substance Abuse and Mental agencies; (2) identify and provide to the Non-federal Membership: Members Health Services Administration, 5600 Secretary recommendations for include, 18 non-federal public members Fishers Lane, 13E37B, Rockville, MD improving federal programs for the appointed by the Secretary, representing 20857; telephone: 240–276–0759; email: prevention and treatment of, and individuals who have received [email protected]. recovery from, substance use disorders, treatment for a diagnosis of a substance Dated: July 12, 2021. including by expanding access to use disorder; directors of a State prevention, treatment, and recovery substance abuse agencies; Carlos Castillo, services; (3) analyze substance use representatives of a leading research, Committee Management Officer. disorder prevention and treatment advocacy, or service organizations for [FR Doc. 2021–15143 Filed 7–15–21; 8:45 am] strategies in different regions of and adults with substance use disorder; BILLING CODE 4162–20–P

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DEPARTMENT OF HOMELAND through the FEMA Map Service Center adopt or to show evidence of being SECURITY at https://msc.fema.gov. already in effect in order to remain FOR FURTHER INFORMATION CONTACT: Rick qualified for participation in the Federal Emergency Management Sacbibit, Chief, Engineering Services National Flood Insurance Program Agency Branch, Federal Insurance and (NFIP). Mitigation Administration, FEMA, 400 This new or modified flood hazard [Docket ID FEMA–2021–0002] C Street SW, Washington, DC 20472, information, together with the (202) 646–7659, or (email) floodplain management criteria required Changes in Flood Hazard by 44 CFR 60.3, are the minimum that Determinations [email protected]; or visit the FEMA Mapping and Insurance are required. They should not be AGENCY: Federal Emergency eXchange (FMIX) online at https:// construed to mean that the community Management Agency, Department of www.floodmaps.fema.gov/fhm/fmx_ must change any existing ordinances Homeland Security. main.html. that are more stringent in their floodplain management requirements. ACTION: Notice. SUPPLEMENTARY INFORMATION: The The community may at any time enact Federal Emergency Management Agency SUMMARY: stricter requirements of its own or New or modified Base (1- (FEMA) makes the final flood hazard percent annual chance) Flood pursuant to policies established by other determinations as shown in the LOMRs Federal, State, or regional entities. Elevations (BFEs), base flood depths, for each community listed in the table This new or modified flood hazard Special Flood Hazard Area (SFHA) below. Notice of these modified flood determinations are used to meet the boundaries or zone designations, and/or hazard determinations has been floodplain management requirements of regulatory floodways (hereinafter published in newspapers of local the NFIP and are used to calculate the referred to as flood hazard circulation and 90 days have elapsed appropriate flood insurance premium determinations) as shown on the since that publication. The Deputy rates for new buildings, and for the indicated Letter of Map Revision Associate Administrator for Insurance contents in those buildings. The (LOMR) for each of the communities and Mitigation has resolved any appeals changes in flood hazard determinations listed in the table below are finalized. resulting from this notification. are in accordance with 44 CFR 65.4. Each LOMR revises the Flood Insurance The modified flood hazard Interested lessees and owners of real Rate Maps (FIRMs), and in some cases determinations are made pursuant to property are encouraged to review the the Flood Insurance Study (FIS) reports, section 206 of the Flood Disaster final flood hazard information available currently in effect for the listed Protection Act of 1973, 42 U.S.C. 4105, at the address cited below for each communities. The flood hazard and are in accordance with the National community or online through the FEMA determinations modified by each LOMR Flood Insurance Act of 1968, 42 U.S.C. Map Service Center at https:// will be used to calculate flood insurance 4001 et seq., and with 44 CFR part 65. msc.fema.gov. premium rates for new buildings and For rating purposes, the currently their contents. effective community number is shown (Catalog of Federal Domestic Assistance No. DATES: Each LOMR was finalized as in and must be used for all new policies 97.022, ‘‘Flood Insurance.’’) the table below. and renewals. Michael M. Grimm, ADDRESSES: Each LOMR is available for The new or modified flood hazard Assistant Administrator for Risk inspection at both the respective information is the basis for the Management, Department of Homeland Community Map Repository address floodplain management measures that Security, Federal Emergency Management listed in the table below and online the community is required either to Agency.

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

Alabama: Hale (FEMA Town of The Honorable Tony Les- Maps and Zoning Department, 410 Jul. 8, 2021 ...... 100096 Docket Moundville ter, Mayor, Town of Market Street, Moundville, AL No.: B– (20–04– Moundville, P.O. Box 35474. 2148). 3557P). 98, Moundville, AL 35474. Hale (FEMA Unincorporated The Honorable Arthur Hale County Engineering and Road Jul. 8, 2021 ...... 100094 Docket areas of Hale Crawford, Chairman, Department, 703 Cork Street, No.: B– County (20– Hale County Board of Greensboro, AL 36744. 2148). 04–3557P). Commissioners P.O. Box 396, Greensboro, AL 36744. Arkansas: Benton City of The Honorable Stephanie City Hall, 117 West Central Ave- Jun. 28, 2021 ...... 050012 (FEMA Bentonville Orman, Mayor, City of nue, Bentonville, AR 72712. Docket (21–06– Bentonville, 117 West No.: B– 0361P). Central Avenue, 2119). Bentonville, AR 72712. Benton Unincorporated The Honorable Barry Benton County Planning Depart- Jun. 28, 2021 ...... 050419 (FEMA areas of Ben- Mooring, Benton County ment, 2113 West Walnut Street, Docket ton County Judge, 215 East Central Rogers, AR 72756. No.: B– (21–06– Avenue, Bentonville, AR 2119). 0361P). 72712. Colorado:

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

El Paso City of Colorado The Honorable John Pikes Peak Regional Development Jun. 17, 2021 ...... 080060 (FEMA Springs (20– Suthers, Mayor, City of Center, 2880 International Circle, Docket 08–0838P). Colorado Springs, 30 Colorado Springs, CO 80910. No.: B– South Nevada Avenue, 2117). Suite 601, Colorado Springs, CO 80903. Jefferson City of Lakewood The Honorable Adam A. Engineering Department, 480 Jun. 25, 2021 ...... 085075 (FEMA (20–08– Paul, Mayor, City of South Allison Parkway, Lake- Docket 0805P). Lakewood, 480 South wood, CO 80226. No.: B– Allison Parkway, Lake- 2119). wood, CO 80226. Larimer City of Fort Col- The Honorable Wade Stormwater Utilities Department, Jun. 25, 2021 ...... 080102 (FEMA lins (20–08– Troxell, Mayor, City of 700 Wood Street, Fort Collins, Docket 0643P). Fort Collins, P.O. Box CO 80521. No.: B– 580, Fort Collins, CO 2125). 80522. Delaware: New Unincorporated The Honorable Matthew New Castle County Land Use De- Jun. 17, 2021 ...... 105085 Castle (FEMA areas of New Meyer, New Castle partment, 87 Read’s Way, New Docket No.: B– Castle County County Executive, 87 Castle, DE 19720. 2119). (20–03– Read’s Way, New Cas- 1345P). tle, DE 19720. Florida: Miami-Dade City of Miami The Honorable Francis X. Building Department, 444 South- Jun. 16, 2021 ...... 120650 (FEMA (21–04– Suarez, Mayor, City of west 2nd Avenue, 4th Floor, Docket 1237P). Miami, 3500 Pan Amer- Miami, FL 33130. No.: B– ican Drive, Miami, FL 2119). 33133. Palm Beach Unincorporated The Honorable David Palm Beach County Building Divi- Jun. 15, 2021 ...... 120192 (FEMA areas of Palm Kerner, Mayor, Palm sion, 2300 North Jog Road, West Docket Beach County Beach County Board of Palm Beach, FL 33411. No.: B– (20–04– Commissioners, 301 2119). 3494P). North Olive Avenue, Suite 1201, West Palm Beach, FL 33401. Palm Beach Unincorporated The Honorable David Palm Beach County Building Divi- Jun. 16, 2021 ...... 120192 (FEMA areas of Palm Kerner, Mayor, Palm sion, 2300 North Jog Road, West Docket Beach County Beach County Board of Palm Beach, FL 33411. No.: B– (21–04– Commissioners, 301 2119). 0678P). North Olive Avenue, Suite 1201, West Palm Beach, FL 33401. Pinellas City of Clearwater Mr. William Horne, City of Engineering Department, 100 Jun. 17, 2021 ...... 125096 (FEMA (20–04– Clearwater Manager, South Myrtle Avenue, Suite 220, Docket 6149P). P.O. Box 4748, Clear- Clearwater, FL 33756. No.: B– water, FL 33756. 2117). Pinellas City of Treasure Mr. Garry Brumback, Man- Community Development Depart- Jun. 28, 2021 ...... 125153 (FEMA Island (21–04– ager, City of Treasure ment, 120 108th Avenue, Treas- Docket 0293P). Island, 120 108th Ave- ure Island, FL 33706. No.: B– nue, Treasure Island, FL 2125). 33706. Georgia: Colum- Unincorporated The Honorable Douglas R. Columbia County Engineering Jun. 17, 2021 ...... 130059 bia (FEMA areas of Co- Duncan, Jr., Chairman, Services Division, 630 Ronald Docket No.: B– lumbia County Columbia County Board Reagan Drive, Building A, Evans, 2119). (20–04– of Commissioners, 630 GA 30809. 3801P). Ronald Reagan Drive, Building B, Evans, GA 30809. Maryland: How- Unincorporated The Honorable Calvin Ball, Howard County Department of Jun. 25, 2021 ...... 240044 ard (FEMA areas of How- Howard County Execu- Public Works, Bureau of Environ- Docket No.: B– ard County tive, 3430 Court House mental Services, 9801 Broken 2130). (20–03– Drive, Ellicott City, MD Land Parkway, Columbia, MD 1198P). 21043. 21046. Oklahoma: Cleve- City of Norman The Honorable Breea Public Works Department, Jun. 25, 2021 ...... 400046 land (FEMA (21–06– Clark, Mayor, City of Stormwater Division, 201 West Docket No.: B– 0022P). Norman, P.O. Box 370, Gray Street, Building A, Norman, 2119). Norman, OK 73070. OK 73069. Pennsylvania:

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

Armstrong Borough of The Honorable Faith Borough Hall, 8 Hickory Street, Jun. 21, 2021 ...... 420093 (FEMA Applewold (20– Shaw, President, Bor- Kittanning, PA 16201. Docket 03–1614P). ough of Applewold No.: B– Council, 351 Franklin 2119). Avenue, Kittanning, PA 16201. Armstrong Borough of Ford The Honorable Jeff Borough Hall, 1000 4th Avenue, Jun. 21, 2021 ...... 420094 (FEMA City (20–03– Cogley, Mayor, Borough Ford City, PA 16226. Docket 1614P). of Ford City, P.O. Box No.: B– 112, Ford City, PA 2119). 16226. Armstrong Borough of The Honorable Scott Borough Hall, 300 South McKean Jun. 21, 2021 ...... 420096 (FEMA Kittanning (20– Kline, Mayor, Borough Street, Kittanning, PA 16201. Docket 03–1614P). of Kittanning, 1511 Orr No.: B– Avenue, Kittanning, PA 2119). 16201. Armstrong Borough of The Honorable Greg Borough Hall, 600 Center Lane, Jun. 21, 2021 ...... 420098 (FEMA Manorville (20– Meyer, Councilman, Manorville, PA 16238. Docket 03–1614P). Borough of Manorville No.: B– Council, 900 Water 2119). Street, Manorville, PA 16238. Armstrong Township of The Honorable Steven Township Hall, 3218 Ridge Road, Jun. 21, 2021 ...... 421300 (FEMA Bethel (20–03– Dixon, Chairman, Town- Ford City, PA 16226. Docket 1614P). ship of Bethel Board of No.: B– Supervisors, 3218 Ridge 2119). Road, Ford City, PA 16226. Armstrong Township of The Honorable David Township Hall, 333 1st Avenue, Jun. 21, 2021 ...... 421304 (FEMA Cadogan (20– Round, Chairman, Cadogan, PA 16212. Docket 03–1614P). Township of Cadogan No.: B– Board of Supervisors, 2119). P.O. Box 309, Cadogan, PA 16212. Armstrong Township of East The Honorable Barry Township Hall, 106 Cherry Orchard Jun. 21, 2021 ...... 421305 (FEMA Franklin (20– Peters, Chairman, Avenue, Kittanning, PA 16201. Docket 03–1614P). Township of East Frank- No.: B– lin Board of Supervisors, 2119). 739 East Brady Road, Cowansville, PA 16218. Armstrong Township of The Honorable Donald W. Township Hall, 306 Byron Street, Jun. 21, 2021 ...... 421309 (FEMA Manor (20–03– Palmer, Jr., Chairman, McGrann, PA 16236. Docket 1614P). Township of Manor No.: B– Board of Supervisors, 2119). P.O. Box 144, McGrann, PA 16236. Armstrong Township of The Honorable Michael Township Hall, 149 McHaddon Jun. 21, 2021 ...... 421310 (FEMA North Buffalo Valencic, Chairman, Road, Kittanning, PA 16201. Docket (20–03– Township of North Buf- No.: B– 1614P). falo Board of Super- 2119). visors, 149 McHaddon Road, Kittanning, PA 16201. Armstrong Township of The Honorable Joe Township Hall, 384 Iron Bridge Jun. 21, 2021 ...... 421210 (FEMA South Buffalo Charlton, Chairman, Road, Freeport, PA 16229. Docket (20–03– Township of South Buf- No.: B– 1614P). falo Board of Super- 2119). visors, 384 Iron Bridge Road, Freeport, PA 16229. Texas: Bexar (FEMA City of Converse The Honorable Al Suarez, City Hall, 406 South Seguin, Con- Jun. 21, 2021 ...... 480038 Docket (21–06– Mayor, City of Con- verse, TX 78109. No.: B– 0348X). verse, 406 South 2130). Seguin, Converse, TX 78109. Bexar (FEMA City of San Anto- The Honorable Ron Transportation and Capital Im- Jun. 28, 2021 ...... 480045 Docket nio (20–06– Nirenberg, Mayor, City provements Department, No.: B– 3342P). of San Antonio, P.O. Stormwater Division, 114 West 2125). Box 839966, San Anto- Commerce Street, 7th Floor, San nio, TX 78283. Antonio, TX 78205.

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

Bexar (FEMA City of Universal The Honorable John Wil- Department of Stormwater, 2150 Jun. 21, 2021 ...... 480049 Docket City (21–06– liams, Mayor, City of Universal City Boulevard, Uni- No.: B– 0348X). Universal City, 2150 versal City, TX 78148. 2130). Universal City Boule- vard, Universal City, TX 78148. Brazoria City of Pearland The Honorable Kevin Engineering Division, 3519 Liberty Jun. 28, 2021 ...... 480077 (FEMA (20–06– Cole, Mayor, City of Drive, Pearland, TX 77581. Docket 2501P). Pearland, 3519 Liberty No.: B– Drive, Pearland, TX 2125). 77581. Burnet Unincorporated The Honorable James Burnet County Development Serv- Apr. 28, 2021 ...... 481209 (FEMA areas of Burnet Oakley, Burnet County ices Department, 133 East Jack- Docket County (20– Judge, 220 South son Street, Burnet, TX 78611. No.: B– 06–3344P). Pierce Street, Burnet, 2076). TX 78611. Cherokee City of Rusk (20– The Honorable Angela Development Services Department, Jun. 21, 2021 ...... 480124 (FEMA 06–2542P). Raiborn, Mayor, City of 205 South Main Street, Rusk, TX Docket Rusk, 205 South Main 75785. No.: B– Street, Rusk, TX 75785. 2130). Cherokee Unincorporated The Honorable Chris Cherokee County Emergency Man- Jun. 21, 2021 ...... 480739 (FEMA areas of Cher- Davis, Cherokee County agement Department, 135 South Docket okee County Judge, 135 South Main Main Street, Rusk, TX 75785. No.: B– (20–06– Street, 3rd Floor, Rusk, 2130). 2542P). TX 75785. El Paso City of El Paso The Honorable Oscar Flood Mitigation and Land Develop- Jun. 25, 2021 ...... 480214 (FEMA (20–06– Leeser, Mayor, City of ment Department, 801 Texas Av- Docket 2846P). El Paso, 300 North enue, El Paso, TX 79901. No.: B– Campbell Street, El 2119). Paso, TX 79901. Fort Bend Unincorporated The Honorable K.P. Fort Bend County Engineering De- Jun. 23, 2021 ...... 480228 (FEMA areas of Fort George, Fort Bend partment, 301 Jackson Street, Docket Bend County County Judge, 301 4th Floor, Richmond, TX 77469. No.: B– (20–06– Jackson Street, 4th 2119). 1722P). Floor, Richmond, TX 77469. Harris (FEMA City of Houston The Honorable Sylvester Floodplain Management Depart- Jun. 21, 2021 ...... 480296 Docket (20–06– Turner, Mayor, City of ment, 1002 Washington Avenue, No.: B– 2232P). Houston, P.O. Box Houston, TX 77002. 2130). 1562, Houston, TX 77251. Harris (FEMA City of Houston The Honorable Sylvester Floodplain Management Depart- Jun. 28, 2021 ...... 480296 Docket (20–06– Turner, Mayor, City of ment, 1002 Washington Avenue, No.: B– 3198P). Houston, P.O. Box Houston, TX 77002. 2125). 1562, Houston, TX 77251. Harris (FEMA Unincorporated The Honorable Lina Hi- Harris County Permit Office, 10555 Jun. 28, 2021 ...... 480287 Docket areas of Harris dalgo, Harris County Northwest Freeway, Suite 120, No.: B– County (19– Judge, 1001 Preston Houston, TX 77002. 2125). 06–2834P). Street, Suite 911, Hous- ton, TX 77002. Harris (FEMA Unincorporated The Honorable Lina Hi- Harris County Permit Office, 10555 Jun. 28, 2021 ...... 480287 Docket areas of Harris dalgo, Harris County Northwest Freeway, Suite 120, No.: B– County (20– Judge, 1001 Preston Houston, TX 77002. 2125). 06–3198P). Street, Suite 911, Hous- ton, TX 77002. Llano (FEMA Unincorporated The Honorable Mary S. Llano County Land Development Apr. 28, 2021 ...... 481234 Docket areas of Llano Cunningham, Llano and Emergency Management, No.: B– County (20– County Judge, 801 Ford 100 West Sandstone Street, 2076). 06–3344P). Street, Room 101, Suite 200A, Llano, TX 78643. Llano, TX 78643. Tarrant City of Fort Worth The Honorable Betsy Transportation and Public Works Jun. 21, 2021 ...... 480596 (FEMA (20–06– Price, Mayor, City of Department, Engineering Vault, Docket 3276P). Fort Worth, 200 Texas 200 Texas Street, Fort Worth, TX No.: B– Street, Fort Worth, TX 76102. 2119). 76102. Tarrant Unincorporated The Honorable B. Glen Tarrant County Administration Jun. 21, 2021 ...... 480582 (FEMA areas of Whitley, Tarrant County Building, 100 East Weatherford Docket Tarrant County Judge, 100 East Street, Fort Worth, TX 76196. No.: B– (20–06– Weatherford Street, Fort 2119). 3276P). Worth, TX 76196.

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

Travis City of Manor Mr. Thomas M. Bolt, City Department of Development Serv- Jun. 21, 2021 ...... 481027 (FEMA (20–06– of Manor Manager, 105 ices, 105 East Eggleston Street, Docket 2376P). East Eggleston Street, Manor, TX 78653. No.: B– Manor, TX 78653. 2119). Travis Unincorporated The Honorable Andy Travis County Transportation and Jun. 21, 2021 ...... 481026 (FEMA areas of Travis Brown, Travis County Natural Resources Department, Docket County (20– Judge, 700 Lavaca 700 Lavaca Street, 5th Floor, No.: B– 06–2376P). Street, Suite 2300, Aus- Austin, TX 78767. 2119). tin, TX 78701. Virginia: Albemarle Unincorporated Mr. Jeffrey B. Richardson, Albemarle County Department of Jun. 23, 2021 ...... 510006 (FEMA areas of Albe- Albemarle County Exec- Community Development, 401 Docket marle County utive, 401 McIntire McIntire Road, Charlottesville, No.: B– (20–03– Road, Charlottesville, VA 22902. 2125). 1533P). VA 22902. Independent City of Harrison- The Honorable Deanna R. City Hall, 409 South Main Street, Jun. 25, 2021 ...... 510076 City burg (20–03– Reed, Mayor, City of Harrisonburg, VA 22801. (FEMA 1670P). Harrisonburg, 409 South Docket Main Street, Harrison- No.: B– burg, VA 22801. 2119). Prince Wil- Unincorporated The Honorable Ann B. Prince William County Department Jun. 17, 2021 ...... 510119 liam areas of Prince Wheeler, Chair-At- of Public Works, 5 County Com- (FEMA William County Large, Prince William plex Court, Prince William, VA Docket (20–03– County Board of Super- 22192. No.: B– 1200P). visors, 1 County Com- 2119). plex Court, Prince Wil- liam, VA 22192.

[FR Doc. 2021–15116 Filed 7–15–21; 8:45 am] Vietnam.2 The Commission further International Trade Commission, BILLING CODE 9110–12–P found that imports of these products Washington, DC, and by publishing the from Vietnam that Commerce has notice in the Federal Register on determined are sold in the United States January 29, 2021 (86 FR 7561). In light at less than fair value are negligible and of the restrictions on access to the INTERNATIONAL TRADE terminates the antidumping duty COMMISSION Commission building due to the investigation concerning Vietnam. COVID–19 pandemic, the Commission [Investigation Nos. 701–TA–647 and 731– Background conducted its hearing through written testimony and video conference on May TA–1517–1520 (Final)] The Commission instituted these 25, 2021. All persons who requested the investigations effective May 13, 2020, Passenger Vehicle and Light Truck opportunity were permitted to following receipt of petitions filed with Tires From Korea, Taiwan, Thailand, participate. and Vietnam the Commission and Commerce by United Steel, Paper and Forestry, The Commission made these Determinations Rubber, Manufacturing, Energy, Allied determinations pursuant to §§ 705(b) On the basis of the record 1 developed Industrial and Service Workers and 735(b) of the Act (19 U.S.C. in the subject investigations, the United International Union, AFL–CIO, CLC 1671d(b) and 19 U.S.C. 1673d(b)). It States International Trade Commission (‘‘USW’’), Pittsburgh, Pennsylvania. The completed and filed its determinations (‘‘Commission’’) determines, pursuant final phase of the investigations was in these investigations on July 12, 2021. to the Tariff Act of 1930 (‘‘the Act’’), scheduled by the Commission following The views of the Commission are that an industry in the United States is notification of preliminary contained in USITC Publication 5212 materially injured by reason of imports determinations by Commerce that (July 2021), entitled Passenger Vehicle of passenger vehicle and light truck tires imports of PVLT tires from Vietnam and Light Truck Tires from Korea, (‘‘PVLT tires’’), provided for in were subsidized within the meaning of Taiwan, Thailand, and Vietnam: subheadings 4011.10.10, 4011.10.50, section 703(b) of the Act (19 U.S.C. Investigation Nos. 701–TA–647 and 4011.20.10, and 4011.20.50 of the 1671b(b)), and that imports of PVLT 731–TA–1517–1520 (Final). Harmonized Tariff Schedule of the tires from Korea, Taiwan, Thailand, and United States, that have been found by Vietnam were sold at LTFV within the By order of the Commission. the U.S. Department of Commerce meaning of 733(b) of the Act (19 U.S.C. Issued: July 12, 2021. (‘‘Commerce’’) to be sold in the United 1673b(b)). Notice of the scheduling of Lisa Barton, the final phase of the Commission’s States at less than fair value (‘‘LTFV’’) Secretary to the Commission. investigations and of a public hearing to from Korea, Taiwan, and Thailand, and [FR Doc. 2021–15108 Filed 7–15–21; 8:45 am] to be subsidized by the government of be held in connection therewith was given by posting copies of the notice in BILLING CODE 7020–02–P the Office of the Secretary, U.S. 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioner David S. Johanson dissenting.

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INTERNATIONAL TRADE specifically: A limited exclusion order should contact the Secretary (202–205– COMMISSION and cease and desist orders against 2000). certain portable gaming console systems Any person desiring to submit a [Investigation No. 337–TA–1197] with attachable handheld controllers document to the Commission in Certain Portable Gaming Console and components thereof by respondents confidence must request confidential Systems With Attachable Handheld Nintendo Co., Ltd. and Nintendo of treatment. All such requests should be Controllers and Components Thereof America, Inc. Parties are to file public directed to the Secretary to the II; Notice of Request for Submissions interest submissions pursuant to 19 CFR Commission and must include a full statement of the reasons why the on the Public Interest 210.50(a)(4). The Commission is interested in Commission should grant such AGENCY: U.S. International Trade further development of the record on treatment. See 19 CFR 201.6. Documents Commission. the public interest in this investigation. for which confidential treatment by the ACTION: Notice. Accordingly, members of the public are Commission is properly sought will be invited to file submissions of no more treated accordingly. All information, SUMMARY: Notice is hereby given that on than five (5) pages, inclusive of including confidential business July 2, 2021, the presiding attachments, concerning the public information and documents for which administrative law judge (‘‘ALJ’’) issued interest in light of the administrative confidential treatment is properly an Initial Determination on Violation of law judge’s recommended sought, submitted to the Commission for Section 337. The ALJ also issued a determination on remedy and bonding purposes of this Investigation may be disclosed to and used: (i) By the recommended determination on remedy issued in this investigation on July 2, Commission, its employees and Offices, and bonding should a violation be 2021. Comments should address and contract personnel (a) for found in the above-captioned whether issuance of the recommended developing or maintaining the records investigation. The Commission is limited exclusion order in this of this or a related proceeding, or (b) in soliciting submissions on public interest investigation would affect the public internal investigations, audits, reviews, issues raised by the recommended relief health and welfare in the United States, and evaluations relating to the should the Commission find a violation. competitive conditions in the United programs, personnel, and operations of This notice is soliciting comments from States economy, the production of like the Commission including under 5 the public only. or directly competitive articles in the U.S.C. Appendix 3; or (ii) by U.S. FOR FURTHER INFORMATION CONTACT: United States, or United States Robert Needham, Office of the General government employees and contract consumers. 1 Counsel, U.S. International Trade personnel, solely for cybersecurity In particular, the Commission is purposes. All nonconfidential written Commission, 500 E Street SW, interested in comments that: Washington, DC 20436, telephone (202) submissions will be available for public 708–5468. Copies of non-confidential (i) Explain how the articles potentially inspection at the Office of the Secretary documents filed in connection with this subject to the recommended limited and on EDIS. exclusion order are used in the United States; investigation may be viewed on the This action is taken under the (ii) identify any public health, safety, or authority of section 337 of the Tariff Act Commission’s electronic docket (EDIS) welfare concerns in the United States relating at https://edis.usitc.gov. For help of 1930, as amended (19 U.S.C. 1337), to the recommended limited exclusion order; and in Part 210 of the Commission’s accessing EDIS, please email (iii) identify like or directly competitive [email protected]. General articles that complainant, its licensees, or Rules of Practice and Procedure (19 CFR information concerning the Commission third parties make in the United States which part 210). may also be obtained by accessing its could replace the subject articles if they were By order of the Commission. internet server at https://www.usitc.gov. to be excluded; Issued: July 12, 2021. (iv) indicate whether complainant, Hearing-impaired persons are advised Lisa Barton, complainant’s licensees, and/or third party that information on this matter can be suppliers have the capacity to replace the Secretary to the Commission. obtained by contacting the volume of articles potentially subject to the [FR Doc. 2021–15105 Filed 7–15–21; 8:45 am] Commission’s TDD terminal on (202) recommended limited exclusion order within BILLING CODE 7020–02–P 205–1810. a commercially reasonable time; and SUPPLEMENTARY INFORMATION: Section (v) explain how the recommended limited 337 of the Tariff Act of 1930 provides exclusion order would impact consumers in DEPARTMENT OF JUSTICE that, if the Commission finds a the United States. Written submissions must be filed no later Service Contract Inventory; Notice of violation, it shall exclude the articles than by close of business on July 26, 2019. concerned from the United States: Availability Persons filing written submissions unless, after considering the effect of such AGENCY: Justice Management Division, must file the original document exclusion upon the public health and Department of Justice. welfare, competitive conditions in the United electronically on or before the deadlines ACTION: States economy, the production of like or stated above. The Commission’s paper Notice. directly competitive articles in the United filing requirements in 19 CFR 210.4(f) SUMMARY: The Department of Justice is States, and United States consumers, it finds are currently waived. 85 FR 15798 publishing this notice to advise the that such articles should not be excluded (March 19, 2020). Submissions should from entry. public of the availability of its FY 2018 refer to the investigation number (‘‘Inv. Service Contracts Inventory and 19 U.S.C. 1337(d)(1). A similar No. 337–TA–1197’’) in a prominent Inventory Supplement. The inventory provision applies to cease and desist place on the cover page and/or the first includes service contract actions over orders. 19 U.S.C. 1337(f)(1). page. (See Handbook for Electronic $25,000 that were awarded in Fiscal The Commission is soliciting Filing Procedures, http://www.usitc.gov/ Year (FY) 2018. The inventory submissions on public interest issues secretary/fed_reg_notices/rules/ _ _ _ raised by the recommended relief handbook on electronic filing.pdf). 1 All contract personnel will sign appropriate should the Commission find a violation, Persons with questions regarding filing nondisclosure agreements.

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supplement includes information maximum potential EB entitlement for DEPARTMENT OF LABOR collected from contractors on the claimants in New Mexico will be 20 amount invoiced and direct labor hours weeks. Employment and Training Administration expended for covered service contracts. Æ The 13-week mandatory ‘‘on’’ The Department of Justice analyzes this period for the HUP for the District of Relocation of the Office of Foreign data for the purpose of determining Columbia and Massachusetts will end whether its contract labor is being used Labor Certification’s Atlanta National on July 3, 2021. During the 13-week Processing Center; Change of Physical in an effective and appropriate manner mandatory ‘‘on’’ period, the seasonally- and if the mix of federal employees and Mailing Address adjusted TURs for both the District and contractors in the agency is effectively Massachusetts fell below the 8.0% ACTION: Notice. balanced. The inventory and threshold necessary to remain ‘‘on’’ a supplement do not include contractor SUMMARY: The U.S. Department of HUP. As such, beginning July 4, 2021, proprietary or sensitive information. Labor’s Employment and Training the maximum potential EB entitlement The FY 2018 Service Contract Inventory Administration is providing notice that and Inventory Supplements are for claimants in the District of Columbia the Office of Foreign Labor Certification provided at the following link: https:// and Massachusetts will decrease from (OFLC) is changing the mailing address www.justice.gov/jmd/service-contract- 20 weeks to 13 weeks. for its Atlanta National Processing inventory. • Based on the data released by the Center (ANPC) beginning August 25, BLS on June 23, 2021 the seasonally- 2021, with the exception of mail FOR FURTHER INFORMATION CONTACT: associated with the processing of Kevin Doss, Office of Acquisition adjusted TUR for Massachusetts and applications requesting permanent labor Management, Justice Management Rhode Island fell below the 6.5% certification subject to supervised Division, U.S. Department of Justice, threshold to remain ‘‘on’’ EB. Therefore, recruitment. Washington, DC 20530; Phone: 202– the EB period for both states will end on 616–3758; Email: [email protected]. July 17, 2021. DATES: The new address announced in Authority: Section 743 of Division C The trigger notice covering state this notice is effective on August 25, of the FY 2010 Consolidated eligibility for the EB program can be 2021. Appropriations Act, Pub. L. 111–117. found at: http://ows.doleta.gov/ FOR FURTHER INFORMATION CONTACT: _ Dated: July 13, 2021. unemploy/claims arch.as. Brian Pasternak, Administrator, Office of Foreign Labor Certification, Melody Braswell, Information for Claimants Employment and Training Department Clearance Officer for PRA, U.S. Department of Justice. The duration of benefits payable in Administration, U.S. Department of Labor, by telephone 202–513–7379 (this [FR Doc. 2021–15149 Filed 7–15–21; 8:45 am] the EB program, and the terms and is not a toll-free number) or, for BILLING CODE 4410–02–P conditions on which they are payable, are governed by the Federal-State individuals with hearing or speech Extended Unemployment Compensation impairments, TTY 1–877–889–5627. SUPPLEMENTARY INFORMATION: DEPARTMENT OF LABOR Act of 1970, as amended, and the operating instructions issued to the I. Background Employment and Training states by the U.S. Department of Labor. OFLC’s National Office provides Administration In the case of a state beginning an EB program leadership and policy period, the State Workforce Agency will guidance, and develops regulations and Notice of a Change in Status of the furnish a written notice of potential Extended Benefit (EB) Program for procedures to implement the entitlement to each individual who has responsibilities of the Secretary under District of Columbia, Massachusetts, exhausted all rights to regular benefits New Mexico, and Rhode Island the Department’s foreign labor and is potentially eligible for EB (20 certification programs. 20 CFR 655.2(a), AGENCY: Employment and Training CFR 615.13(c)(1)). 656.3. Administration, Labor. Persons who believe they may be OFLC’s Atlanta National Processing ACTION: Notice. entitled to EB, or who wish to inquire Center (ANPC) primarily processes labor about their rights under the program, certification applications filed by, or on This notice announces changes in should contact their State Workforce behalf of, employers seeking to benefit period eligibility under the EB Agency. permanently employ foreign workers in program that have occurred since the the U.S., as well as labor condition publication of the last notice regarding FOR FURTHER INFORMATION CONTACT: U.S. applications or labor attestations for the the States’ EB status: Department of Labor, Employment and E–3, H–1B, and H–1B1 visa • Based on data released by the Training Administration, Office of classifications. OFLC’s expanded use of Bureau of Labor Statistics (BLS) on May Unemployment Insurance Room S– technology allows for the electronic 21, 2021: 4524, Attn: Thomas Stengle, 200 filing of employer applications and Æ The seasonally-adjusted total Constitution Avenue NW, Washington, facilitates the transmission and unemployment rate (TUR) for New DC 20210, telephone number (202) 693– exchange of official notifications and Mexico exceeded 8.0 percent was 2991 (this is not a toll-free number) or supporting documents. As a result, greater than 110 percent in both the by email: [email protected]. OFLC strongly urges stakeholders to prior or second prior year. Legislation continue to, or begin to, register online Signed in Washington, DC. the State enacted adopting the optional for submitting applications and TUR triggers became effective the week Suzan G. LeVine, uploading all required or responsive ending June 19, 2021, meaning the New Principal Deputy Assistant Secretary for documents directly into the PERM Mexico will begin a high unemployment Employment and Training, Labor. Online System (https:// period (HUP) period effective July 4, [FR Doc. 2021–15110 Filed 7–15–21; 8:45 am] www.plc.doleta.gov/) or Foreign Labor 2021. Beginning July 4, 2021, the BILLING CODE 4510–FW–P Application Gateway (FLAG) System

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(https://flag.dol.gov/), as appropriate. ANPC’s prior mailing address as of determine whether the REO programs All mail related to these applications is August 25, 2021. improve employment outcomes and workforce readiness for young adults currently submitted to the ANPC’s Suzan G. LeVine, physical mailing address at: U.S. and adults with previous involvement Principal Deputy Assistant Secretary for the in the criminal justice system. CEO Department of Labor, Employment and Employment and Training, Labor. contracted with Mathematica and its Training Administration, Office of [FR Doc. 2021–15112 Filed 7–15–21; 8:45 am] Foreign Labor Certification, Atlanta subcontractor, Social Policy Research BILLING CODE 4510–FP–P National Processing Center, Harris Associates, to conduct this evaluation. Tower, 233 Peachtree Street NE, Suite The evaluation will include an implementation study and an impact 410, Atlanta, GA 30303. DEPARTMENT OF LABOR study. This package requests clearance This Notice informs the public about for four data collection instruments: a change of address for ANPC. As Agency Information Collection Activities; Submission for OMB Grantee survey, Semistructured specified below, with the exception of Review; Comment Request; Reentry interview protocol, Participant focus mail associated with the processing of Employment Opportunity (REO) group protocol and Employer focus applications requesting permanent labor Evaluation group protocol. For additional certification subject to supervised substantive information about this ICR, recruitment under 20 CFR 656.21, the ACTION: Notice of availability; request see the related notice published in the address change for ANPC is effective on for comments. Federal Register on March 6, 2019 (84 August 25, 2021. FR 8117). To better assess the program, SUMMARY: The Department of Labor the current data collection instruments II. ANPC’s New Address (DOL) is submitting this Office of the include a number of additional Assistant Secretary for Policy, Chief Effective August 25, 2021, any mail, questions about COVID–19 and how the Evaluation Office (CEO)-sponsored program adapted during the pandemic. including U.S. Postal Service and other information collection request (ICR) to courier mail or parcel delivery packages, All other questions remain the same. the Office of Management and Budget This information collection is subject etc., sent to ANPC must be submitted to (OMB) for review and approval in the following new mailing address: U.S. to the PRA. A Federal agency generally accordance with the Paperwork cannot conduct or sponsor a collection Department of Labor, Employment and Reduction Act of 1995 (PRA). Public of information, and the public is Training Administration, Office of comments on the ICR are invited. generally not required to respond to an Foreign Labor Certification, 200 DATES: The OMB will consider all information collection, unless the OMB Constitution Avenue NW, Room N– written comments that agency receives approves it and displays a currently 5311, Washington, DC 20210. The one on or before August 16, 2021. valid OMB Control Number. In addition, exception is mail associated with ADDRESSES: Written comments and notwithstanding any other provisions of Supervised Recruitment under 20 CFR recommendations for the proposed law, no person shall generally be subject 656.21, which must continue to be information collection should be sent to penalty for failing to comply with a submitted to: U.S. Department of Labor, within 30 days of publication of this collection of information that does not Employment and Training notice to www.reginfo.gov/public/do/ display a valid OMB Control Number. Administration, Office of Foreign Labor PRAMain. Find this particular See 5 CFR 1320.5(a) and 1320.6. Certification, Atlanta National information collection by selecting DOL seeks PRA authorization for this Processing Center, Attn: Supervised ‘‘Currently under 30-day Review—Open information collection for three (3) Recruitment, P.O. Box 56625, Atlanta, for Public Comments’’ or by using the years. OMB authorization for an ICR GA 30343. search function. cannot be for more than three (3) years Employers are reminded to adhere to Comments are invited on: (1) Whether without renewal. The DOL notes that regulatory requirements at 20 CFR the collection of information is information collection requirements 656.10(d), including providing ANPC’s necessary for the proper performance of submitted to the OMB for existing ICRs correct new mailing address, specified the functions of the Department, receive a month-to-month extension above, on the Notice of Filing (NOF) including whether the information will while they undergo review. have practical utility; (2) if the that must be posted when employers file Agency: DOL–CEO. information will be processed and used a Form ETA–9089, Application for Title of Collection: Reentry in a timely manner; (3) the accuracy of Permanent Employment Certification. If Employment Opportunity Evaluation. the agency’s estimates of the burden and the required 10-day posting period for a OMB Control Number: 1290–0NEW. cost of the collection of information, Affected Public: Individuals or NOF commences after September 5, including the validity of the 2021, employers must include the new Household. methodology and assumptions used; (4) Total Estimated Number of mailing address contained in this ways to enhance the quality, utility and notice. 20 CFR 656.10(d)(3)(iii). Respondents: 470. clarity of the information collection; and Total Estimated Number of The correct new mailing address (5) ways to minimize the burden of the Responses: 470. above must be used as of August 25, collection of information on those who Total Estimated Annual Time Burden: 2021. Any U.S. Postal Service mail are to respond, including the use of 631 hours. addressed to the prior ANPC mailing automated collection techniques or Total Estimated Annual Other Costs address will be forwarded by the U.S. other forms of information technology. Burden: $0. Postal Service, but OFLC will not FOR FURTHER INFORMATION CONTACT: Authority: 44 U.S.C. 3507(a)(1)(D). consider such forwarded mail timely if Crystal Rennie by telephone at 202– the mail is postmarked after September 693–0456 or by email at DOL_PRA_ Crystal Rennie, 15, 2021. Courier services and other [email protected]. Senior PRA Analyst. courier mail or parcel delivery services, SUPPLEMENTARY INFORMATION: The [FR Doc. 2021–15111 Filed 7–15–21; 8:45 am] etc., will no longer be able to deliver to overall aim of the evaluation is to BILLING CODE 4510–HX–P

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LEGAL SERVICES CORPORATION RkRVWENzdEFpSU9 Audit Committee—Open, except that xN3htN2hMU3V1UT09 the meeting may be closed to the public Sunshine Act Meeting Æ Meeting ID: 948 6636 9776 to hear a briefings on the Office of Æ Passcode: 955616 Compliance and Enforcement’s active DATE AND TIME: The Legal Services • To join the Zoom meeting with one enforcement matters and LSC’s system Corporation’s Board of Directors and its tap from your mobile phone, please of internal controls designed to six committees will meet July 22–23, click dial: minimize the risk of fraud, theft, 2021. On Thursday, July 22, the first Æ +13017158592,,94866369776# US corruption, or misuse of funds.** meeting will begin at 11:00 a.m. Eastern (Washington, DC) Institutional Advancement Committee Daylight Time (EDT), with the next Æ +13126266799,,94866369776# US —Open, except that, upon a vote of the meeting commencing promptly upon (Chicago) Board of Directors, the meeting may be adjournment of the immediately • To join the Zoom meeting by closed to the public to consider and act preceding meeting. On Friday, July 23, telephone, please dial one of the on a recommendation to invite the first meeting will again begin at following numbers: prospective members to join the Leaders 11:00 a.m., EDT, with the next meeting Æ +1 301 715 8592 US (Washington, Council and Emerging Leaders Council, commencing promptly upon DC) and to receive a briefing on Æ adjournment of the immediately +1 312 626 6799 US (Chicago) development activities.* * preceding meeting. Æ +1 646 876 9923 US (New York) Board of Directors—Open, except Æ LOCATION: Public Notice Of Virtual +1 253 215 8782 US (Tacoma) that, upon a vote of the Board of Æ Remote Meeting. Legal Services +1 346 248 7799 US (Houston) Directors, a portion of the meeting may Æ Corporation (LSC) will conduct the July +1 408 638 0968 US (San Jose) be closed to the public to hear briefings Æ +1 669 900 6833 US (San Jose) 22–23, 2021 meetings virtually via Æ by management and LSC’s Inspector ZOOM. Meeting ID: 948 6636 9776 General, and to consider and act on the Æ Find your local number: https://lsc- PUBLIC OBSERVATION: General Counsel’s report on potential Unless otherwise gov.zoom.us/u/acYqkXUrVo noted herein, the Board and all and pending litigation involving LSC committee meetings will be open to Once connected to Zoom, please and prospective Leaders Council and public observation. Members of the immediately ‘‘MUTE’’ your computer/ Emerging Leaders Council invitees.* * public who wish to participate remotely telephone. Members of the public are A verbatim written transcript will be in the public proceedings may do so by asked to keep their computers or made of the closed session of the Board, following the directions provided telephones muted to eliminate Audit and Institutional Advancement below. background noise. To avoid disrupting Committee meetings. The transcript of the meetings, please refrain from DIRECTIONS FOR OPEN SESSIONS: any portions of the closed sessions placing the call on hold if doing so will falling within the relevant provisions of Thursday, July 22, 2021 trigger recorded music or other sound. the Government in the Sunshine Act, 5 From time to time, the Chair may • To join the Zoom meeting by U.S.C. 552b(c)(6) and (10), will not be solicit comments from the public. To computer, please click this link. available for public inspection. A copy Æ https://lsc-gov.zoom.us/j/ participate in the meeting during public of the General Counsel’s Certification 96265076865?pwd= comment, use the ‘raise your hand’ or that, in his opinion, the closing is MUtVODlLVHV2ZFJtNFZRSHp ‘chat’ functions in Zoom and wait to be authorized by law will be available GNzJ5Zz09 recognized by the Chair before stating upon request. Æ Meeting ID: 962 6507 6865 your questions and/or comments. MATTERS TO BE CONSIDERED: Æ Passcode: 104547 MEETING SCHEDULE July 22, 2021 • To join the Zoom meeting with one Start time * tap from your mobile phone, please Governance and Performance Review click dial: Thursday July 22, 2021 Agenda Æ +13017158592,,96265076865# US (Washington, DC) 1. Governance and Performance Open Session Æ Review Committee ...... 11:00 a.m. +16468769923,,96265076865# US EDT. 1. Approval of agenda (New York) 2. Finance Committee. 2. Approval of minutes of the • To join the Zoom meeting by 3. Combined Audit & Finance Committee’s Open Session and telephone, please dial one of the Committees. Closed Session meetings on April 4. Audit Committee. following numbers: 5. Operations & Regulations Com- 19, 2021 Æ +1 301 715 8592 US (Washington, mittee. 3. Report on Transition: White House DC) 6. Delivery of Legal Services and U.S. Department of Justice Æ +1 646 876 9923 US (New York) Committee. announcements establishing the Æ Access to Justice Office and Legal +1 312 626 6799 US (Chicago) Friday July 23, 2021 Æ +1 669 900 6833 US (San Jose) Aid Interagency Roundtable, and Æ +1 253 215 8782 US (Tacoma) 1. Institutional Advancement Com- presenting initiatives to address Æ +1 346 248 7799 US (Houston) mittee ...... 11:00 a.m. evictions and foreclosures Æ +1 408 638 0968 US (San Jose) EDT. a. Carol Bergman, Vice President, Æ 2. Communications Subcommittee Meeting ID: 962 6507 6865 of the Institutional Advancement Government Relations & Public Æ Find your local number: https://lsc- Committee. Affairs gov.zoom.us/u/acCVpRj1FD 3. Board of Directors. ** Friday, July 23, 2021 Any portion of the closed session consisting STATUS OF MEETING: Open, except as solely of briefings does not fall within the Sunshine • To join the Zoom meeting by noted below. Act’s definition of the term ‘‘meeting’’ and, computer, please click this link. therefore, the requirements of the Sunshine Act do Æ not apply to such portion of the closed session. 5 https://lsc-gov.zoom.us/j/ * Please note all meetings are Eastern Daylight U.S.C. 552b (a) (2) and (b). See also 45 CFR 1622.2 94866369776?pwd= Time (EDT). & 1622.3.

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b. Ronald S. Flagg, President Inspector General for Audit a. Mark Freedman, Senior Associate 4. Consider and act on other business 4. Management update regarding risk General Counsel 5. Public comment management b. Stuart Axenfeld, Deputy Director 6. Consider and act on adjournment of a. Ronald S. Flagg, President for Fiscal Compliance, Office of meeting 5. Briefing on Management/Office of Compliance and Enforcement Inspector General Relations 5. Public comment Finance Committee Agenda a. Ronald S. Flagg, President 6. Consider and act on other business Open Session b. Jeffrey E. Schanz, Inspector General 7. Consider and act on motion to 6. Briefing about follow-up by the Office 1. Approval of agenda adjourn the meeting of Compliance and Enforcement on 2. Approval of the minutes of the Delivery of Legal Services Committee referrals by the Office of Inspector Committee’s Open Session meeting General regarding audit reports and of June 10, 2021 Open Session annual financial statement audits of 3. Presentation of LSC’s Financial 1. Approval of Agenda grantees Report for the first eight months of 2. Approval of Minutes of the a. Lora Rath, Director, Office of FY 2021 ending May 31, 2021 Committee’s Open Session meeting Compliance and Enforcement a. Deborah Moore, Chief Financial on April 19, 2021 b. Roxanne Caruso, Assistant Officer & Treasurer 3. Presentation on Grantee Inspector General for Audit 4. Report on the FY 2022 appropriations Cybersecurity 7. Briefing on the 403(b) Audit Report process and supplemental a. Lynn Jennings, Vice President for a. Deborah Moore, Chief Financial appropriations Grants Management Officer & Treasurer a. Carol Bergman, Vice President, b. Jada Breegle, Chief Information 8. Public comment Government Relations & Public Officer 9. Consider and act on other business Affairs 4. Performance Criteria Update 10. Consider and act on motion to 5. Consider and act on FY 2022 a. Lynn Jennings, Vice President for adjourn the Open Session meeting Temporary Operating Authority, Grants Management and proceed to a Closed Session Resolution 2021–XXX 5. Panel Discussion: Grantee Reflections 6. Consider and act on FY 2023 Budget Closed Session on the Impact of COVID–19 and the Path Forward Request, Resolution 2021–XXX 1. Approval of minutes of Committee’s a. Silvia Argueta, Executive Director, a. Carol Bergman, Vice President, Closed Session meeting on April 20, Legal Aid Foundation of Los Government Relations & Public 2021 Angeles Affairs 2. Briefing by Office Compliance and b. Steven McGarrity, Executive 7. Public comment Enforcement on active enforcement Director, Community Legal Aid 8. Consider and act on other business matter(s) and follow-up on open Services (Ohio) 9. Consider and act on motion to investigation referrals from the c. Karen Newton-Cole, Executive adjourn the meeting Office of Inspector General Director, Neighborhood Legal a. Lora Rath, Director, Office of Combined Finance & Audit Committees Services (Washington, DC) Compliance and Enforcement Meeting Agenda d. Brent Thompson, Executive 3. Briefing pursuant to Section VIII(C)(1) Director, East River Legal Services Open Session of the Committee Charter, regarding (South Dakota) 1. Approval of agenda LSC’s systems of internal controls e. Moderator: Joyce McGee, Director, 2. Approval of the minutes of the that are designed to minimize the Office of Program Performance Combined Finance and Audit risk of fraud, theft, corruption, or 6. Public comment Committees’ Open Session meeting misuse of funds 7. Consider and act on other business on April 20, 2021 a. Deborah Moore, Chief Financial 8. Consider and act on a motion to 3. Approval of the minutes of the Officer & Treasurer adjourn the meeting Combined Finance and Audit 4. Consider and act on motion to Committees’ Closed Session adjourn the meeting July 23, 2021 meeting on April 20, 2021 Operations and Regulations Committee Institutional Advancement Committee 4. Presentation of the Fiscal Year 2020 IRS Form 990 Open Session Open Session a. Deborah Moore, Chief Financial 1. Approval of agenda 1. Approval of agenda Officer & Treasurer 2. Approval of minutes of the 2. Approval of minutes of the 5. Public comment Committee’s Open Session meeting Institutional Advancement 6. Consider and act on other business on April 19, 2021 Committee’s Open Session meeting 7. Consider and act on motion to 3. Briefing on (a) LSC’s presentation to on April 19, 2021 adjourn the meeting the Administrative Conference of 3. Update on Leaders Council and Audit Committee Meeting the United States (ACUS) Council Emerging Leaders Council on Federal Agency Adjudication, 4. Development report Open Session and (b) ACUS’s recommendations a. John G. Levi, Chairman of the Board 1. Approval of agenda on (i) periodic retrospective review 5. Update on Opioid Task Force 2. Approval of minutes of the of agency rules, and (ii) early input Implementation Committee’s Open Session Meeting on regulatory alternatives a. Stefanie Davis, Senior Assistant on April 20, 2021 a. Stefanie Davis, Senior Assistant General Counsel 3. Briefing by the Office of Inspector General Counsel 6. Update on Veterans Task Force General 4. Update on public comment on the Implementation a. Jeffrey E. Schanz, Inspector General draft Financial Guide to replace the a. Stefanie Davis, Senior Assistant b. Roxanne Caruso, Assistant Accounting Guide General Counsel

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7. Update on Disaster Task Force 4. Chairman’s Report OFFICE OF MANAGEMENT AND Implementation 5. Members’ Reports BUDGET a. Lynn Jennings, Vice President for 6. President’s Report Grants Management 7. Inspector General’s Report 2020 Standards for Delineating Core 8. Update on the Eviction Study and 8. Consider and act on the Report of the Based Statistical Areas Housing Task Force Governance and Performance AGENCY: Office of Information and Implementation Review Committee Regulatory Affairs, Office of a. Lynn Jennings, Vice President for 9. Consider and act on the Report of the Management and Budget, Executive Grants Management Operations and Regulations Office of the President. 9. Consider and act on Expenditure of Committee Private Funds to Support LSC’s 10. Consider and act on the Report of ACTION: Notice of decision. Housing Task Force, Resolution the Finance Committee SUMMARY: This Notice announces the 2021–XXX 11. Consider and act on the Report of adoption of 2020 Standards for 10. Update on Rural Justice Task Force the Audit Committee Delineating Core Based Statistical Areas a. Marissa Jeffery, Graduate Law 12. Consider and act on the Report of by the Office of Management and Fellow the Institutional Advancement Budget (OMB). The 2020 standards, 11. Public comment Committee which reflect modest revisions to the 12. Consider and act on other business 13. Consider and act on the report of the 13. Consider and act on motion to 2010 Standards for Delineating Delivery of Legal Services Metropolitan and Micropolitan adjourn the Open Session meeting Committee and proceed to a Closed Session Statistical Areas, supersede the 2010 14. Consider and act on Resolution standards. The SUPPLEMENTARY Closed Session 2021–XXX, In Recognition and INFORMATION in this Notice provides Appreciation of Distinguished 1. Approval of minutes of the background information on the Service by Members of the LSC standards (Section A), a brief synopsis Institutional Advancement Veterans Task Force Committee’s Closed Session of the public comments OMB received 15. Consider and act on Resolution in response to the January 19, 2021 meeting on April 19, 2021 2021–XXX, In Recognition and 2. Development activities report Federal Register notice describing the Appreciation of Distinguished recommendations of the Metropolitan a. Nadia Elguindy, Director of Service by DLA Piper Institutional Advancement and Micropolitan Statistical Area 16. Public comment 3. Consider and act on motion to Standards Review Committee (Section 17. Consider and act on other business approve Leaders Council and B), the statement of the Standards 18. Consider and act on whether to Emerging Leaders Council invitees Review Committee in response to public authorize a Closed Session of the 4. Consider and act on other business comment (Section C), and OMB’s Board to address items listed below 5. Consider and act on motion to decisions on the recommendations of adjourn the meeting Closed Session the Standards Review Committee (Section D). The 2020 standards appear Communications Subcommittee of the 1. Approval of minutes of the Board’s at the end of this Notice (Section E). Institutional Advancement Committee Closed Session meeting on April 20, DATES: 2021 This Notice is effective Open Session immediately. OMB plans to publish 2. Management briefing delineations of areas based on the 2020 1. Approval of agenda 3. Inspector General briefing standards and 2020 Census data in 2. Approval of minutes of the 4. Consider and act on General 2023. Federal agencies should begin to Subcommittee’s Open Session Counsel’s report on potential and use the new area delineations to meeting on April 19, 2021 pending litigation involving LSC tabulate and publish statistics when the 3. Communications and social media 5. Consider and act on prospective delineations are published. update Leaders Council and Emerging a. Carl Rauscher, Director of Leaders Council invitees ADDRESSES: Please send correspondence Communications and Media 6. Consider and act on motion to about OMB’s decision to Dominic Relations adjourn the meeting Mancini, Acting Chief Statistician and Deputy Administrator, Office of b. Carol Bergman, Vice President for CONTACT PERSON FOR INFORMATION: Information and Regulatory Affairs, Government Relations and Public Jessica Wechter, Board Relations Office of Management and Budget, Affairs Coordinator, at (202) 295–1626. Room 9264, New Executive Office c. Jada Breegle, Chief Information Questions may also be sent by electronic Building, Washington, DC 20503, or Officer mail to FR_NOTICE_QUESTIONS@ email US_Chief_Statistician@ d. Shanikka Richardson, Web Content lsc.gov. Manager omb.eop.gov with the subject ‘‘2020 4. Public comment NON-CONFIDENTIAL MEETING MATERIALS: Metro Areas.’’ 5. Consider and act on other business Non-confidential meeting materials will Electronic Availability: This notice is 6. Consider and act on motion to be made available in electronic format at available on the internet from the OMB adjourn the meeting least 24 hours in advance of the meeting website at https://www.whitehouse.gov/ on the LSC website, at https:// omb/information-regulatory-affairs/ Board of Directors Meeting www.lsc.gov/about-lsc/board-meeting- statistical-programs-standards/. materials. Open Session FOR FURTHER INFORMATION CONTACT: Bob 1. Pledge of Allegiance Dated: July 13, 2021. Sivinski, Senior Statistician, Office of 2. Approval of agenda Mark Freedman, Management and Budget, telephone 3. Approval of minutes of the Board’s Senior Associate General Counsel. (202) 395–1205; or email: Statistical_ Telephonic Meeting on May 25, [FR Doc. 2021–15205 Filed 7–14–21; 11:15 am] [email protected]. 2021 BILLING CODE 7050–01–P SUPPLEMENTARY INFORMATION:

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Outline of Notice presentation, and dissemination of The general concept of a core based A. Background and Review Process Federal statistical products. OMB’s statistical area (CBSA) is that of an area B. Summary of Comments Received in Office of Statistical and Science Policy, containing a large population nucleus, Response to the Recommendations of the within the Office of Information and or urban area, and adjacent Standards Review Committee Regulatory Affairs, relies on public communities that have a high degree of C. Standards Review Committee Response to comment and subject matter expertise integration with that nucleus. There are Comments across the Federal government to help two types of CBSAs: Metropolitan D. OMB’s Decisions Regarding Changes to the OMB identify policies or guidance that statistical areas (MSAs) and 2010 Standards for Delineating may be out of date, lacking clarity, or micropolitan statistical areas (mSAs). Metropolitan and Micropolitan inefficient. Statistical Areas Metropolitan and micropolitan One of the long-standing statistical statistical areas are conceptually similar E. 2020 Standards for Delineating Core Based standards maintained by OMB is the Statistical Areas, and Key Terms to each other, but a micropolitan area core based statistical areas program. features a smaller nucleus. A. Background and Review Process This program, under various names, has provided standard statistical area Both metropolitan and micropolitan 1. Background delineations for approximately 70 years. statistical areas are composed of entire In its role as coordinator of the In the 1940s, it became clear that the counties. ‘‘Central counties’’ are those Federal statistical system under the value of statistics produced by Federal that contain the population nucleus Budget and Accounting Procedures Act agencies would be greatly enhanced if mentioned above. These nuclei are of 1950 (31 U.S.C. 1104(d)) and the statistical agencies used a single set of identified by a separate geographic Paperwork Reduction Act of 1995 (44 geographic delineations for the Nation’s statistical program, the urban areas U.S.C. 3504(e)), OMB is required to largest centers of population and program at the Census Bureau. ensure the system’s efficiency and activity. OMB’s predecessor, the Bureau ‘‘Outlying counties’’ qualify to join a effectiveness. A key method used by of the Budget, led the effort to develop central county based on demonstrating OMB to achieve this responsibility is what were then called ‘‘standard sufficient commuting with the central the promulgation, maintenance, and metropolitan areas’’ in time for their use county or counties of the area. Counties oversight of Government-wide in 1950 census publications. Since then, that do not fall within metropolitan or principles, policies, standards, and comparable data products for micropolitan statistical areas are guidance concerning the development, metropolitan areas have been available. ‘‘outside of a CBSA. ’’

Figure 1. Representative Metropolitan and Micropolitan Statistical Areas with Urban Areas

■ Metropolltan statistical area ml Urban area of at least 50,000 population D County or equivalent IIMicropolftlln statistical area ■ Urban area of betWeen 10;000 and 49,999 population

The purpose of these statistical areas collecting, tabulating, and publishing OMB does not take into account, or is unchanged from when standard Federal statistics for geographic areas. attempt to anticipate, any public or metropolitan areas were first delineated: OMB establishes and maintains these private sector nonstatistical uses of the The classification provides a nationally areas solely for statistical purposes. In delineations. While the use of these consistent set of delineations for reviewing and revising these areas, areas in nonstatistical programs is

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relatively common, and will be review committee include the U.S. B. Summary of Public Comments discussed in more detail below as those Census Bureau (Chair), Bureau of Received in Response to the Review potential impacts were the subject of the Economic Analysis, Bureau of Justice Committee’s Recommendations vast majority of public comments OMB Statistics, Bureau of Labor Statistics, After removing duplicate submissions received on the proposed standards, Bureau of Transportation Statistics, from the same senders, OMB received these areas are not designed for the Economic Research Service, National 848 comments in response to the purpose of serving as a general-purpose Center for Health Statistics, Statistics of Standards Review Committee’s geographic framework applicable for use Income, and ex officio, OMB. The recommendations. in program administration or funding Census Bureau provided research formulas. If these areas are used for support to the committee. Recommendation 1: Raise the program administration, OMB minimum MSA core population OMB published the Review threshold from 50,000 to 100,000. recommends structuring the use in a Committee’s recommendations for Seven hundred thirty-four comments way that prevents any unintended revisions to the 2010 standards in a remarked on Recommendation 1, disruption that may be caused by OMB’s Federal Register Notice (FRN) on increasing the minimum population regular review and revision of the January 19, 2021: ‘‘Recommendations threshold of an urban area to qualify an standards. From the Metropolitan and Furthermore, the MSA and mSA MSA from 50,000 to 100,000, with 21 in Micropolitan Statistical Area Standards delineations do not produce an urban- favor (5 of which conditionally agreed Review Committee to the Office of rural classification, and confusion of with additional suggestions regarding Management and Budget Concerning these concepts has the potential to affect population thresholds) and 712 Changes to the 2010 Standards for the ability of a program to effectively opposed. In addition, there was one Delineating Metropolitan and target either urban or rural areas, if that comment that was neutral toward Micropolitan Statistical Areas’’ (86 FR is the program goal. Counties included Recommendation 1. in metropolitan and micropolitan 5263). The notice described six recommendations from the Standards Many of the comments opposing statistical areas may contain both urban Recommendation 1 did not provide a and rural territory and population. For Review Committee. The Standards Review Committee recommended that: rationale for their opposition. Of the instance, programs that seek to commenters who did cite a rationale for strengthen rural economies by focusing (1) The minimum urban area their opposition, almost all cited a solely on counties located outside MSAs population to qualify an MSA be nonstatistical rationale, such as could ignore a predominantly rural increased from 50,000 to 100,000; concerns about loss of federal or other county that is included in an MSA (2) The delineation of New England funding; concerns about other because a high percentage of the city and town areas (NECTAs), NECTA programmatic consequences; and county’s residents commute to urban divisions, and combined NECTAs be concerns about economic development centers for work. OMB urges agencies, discontinued; for individual areas that would be organizations, and policy makers to (3) Research be undertaken on an reclassified from metropolitan to review carefully the goals of additional, territorially exhaustive micropolitan. Some comments cited nonstatistical programs and policies to both nonstatistical and statistical ensure that appropriate geographic classification that covers all of the United States and Puerto Rico; rationales, such as concerns about entities are used to determine the potential loss of data for individual (4) The first annual delineation allocation of Federal funds. areas that would be reclassified from a update of the coming decade be metropolitan to a micropolitan 2. Review Process combined with the decennial-based statistical area; concerns about long Periodic review of the standards is delineations; necessary to ensure their continued term data analysis and longitudinal (5) OMB should make publicly analysis if such a change led to a break usefulness and relevance. Every decade available a schedule for updates to the OMB reviews the statistical area in data series or the type of statistics core based statistical areas (see collected and produced at this level of standards and, if warranted, revises proposed update schedule below); and them prior to their application to new geographic area; concern that the decennial census data. The current (6) OMB continue use of American recommended change was too modest to review of the CBSA standards is the Community Survey commuting data in justify making any change; failure to seventh such review. In 2018, OMB measurement of intercounty consider another approach (such as charged the Metropolitan and connectivity, though changing societal adding a top size class using some Micropolitan Statistical Area Standards and economic trends may warrant definition of the ‘‘largest’’ areas); and Review Committee (Standards Review considering changes in the 2030 perceived failure on behalf of the Committee) with examining the 2010 standards. Standards Review Committee to show a Standards for Delineating Metropolitan After the public comment period sufficient rationale for doubling the and Micropolitan Statistical Areas closed, OMB reconvened the Standards current threshold. A few of the (available at: https:// Review Committee to analyze and comments presented a purely statistical www.federalregister.gov/documents/ respond to the resulting comments. rationale. 2010/06/28/2010-15605/2010- After taking into consideration public Twenty-one comments were in favor standards-for-delineating-metropolitan- comment and the position of the of raising the minimum population and-micropolitan-statistical-areas) and Standards Review Committee, OMB is threshold of an urban area to qualify an providing recommendations for how to publishing this FRN to announce final MSA from 50,000 to 100,000. Five of improve the standards. The Standards decisions and the content of the 2020 these comments offered additional Review Committee is a standing Standards for Delineating Core Based suggestions, such as modifying the committee composed of subject matter Statistical Areas. The 2020 standards minimum population to qualify a mSA. experts at the agencies that rely on the replace and supersede OMB’s 2010 Recommendation 2: Discontinue statistical areas to produce official Standards for Delineating Metropolitan Updates to the New England City and statistics. Agencies represented on the and Micropolitan Statistical Areas. Town Areas, New England City and

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Town Area Divisions, and Combined both in favor of publishing an update Ontario, CA metropolitan area. Other New England City and Town Areas. schedule. An argument in favor was comments requested different Ten comments remarked on increased transparency and arrangements of multiple metropolitan Recommendation 2, the discontinuation predictability. areas, including three comments of New England City and Town Area Recommendation 6: Continue use of concerning merging the Raleigh-Cary, delineations, with three in favor, two American Community Survey NC and Durham-Chapel Hill, NC neutral, and five opposed to the commuting data to measure intercounty metropolitan areas, and one comment recommendation. connectivity. concerning merging the Greenville- Among points cited by those opposed There was a total of 45 comments on Anderson, SC and Spartanburg, SC to Recommendation 2 were the relative Recommendation 6, concerning the metropolitan areas. prominence of cities and towns (as continued use of American Community C. Standards Review Committee opposed to counties) in the six New Survey (ACS) commuting data for the Response to Comments England states, and concerns about 2023 delineations. impact of the recommendation on data Forty-one comments discussed After the close of the public comment availability and longitudinal data Recommendation 6, while period, OMB reconvened the Standards analysis. simultaneously arguing for an outcome Review Committee and asked them to An argument in favor of the for a specific area or set of areas. provide a statement on their earlier recommendation advocated against Suggestions for additional or alternative recommendations, taking into account providing special treatment to one datasets included the commodity flow the public comments received and region of the country. survey (Bureau of Transportation potential impacts of the coronavirus Recommendation 3: Launch a Statistics), shopping and transaction pandemic. The Standards Review research effort into delineating data, the Longitudinal Employer- Committee statement reads, in its territorially exhaustive areas. Household Dynamics (Census Bureau), entirety: Seven comments remarked on new modes of transportation, and ‘‘The Committee subscribes without Recommendation 3 concerning research geographic proximity between cities. reservation to the view that federal into developing a set of territorially Two of the four remaining comments statistical standards require regular exhaustive areas. All seven comments offered support for the recommendation review and sometimes revision to stay were in favor of the recommendation, (with one suggesting that other data may abreast of the phenomena they describe. with one of the comments also in favor be needed to determine if areas should Over the course of nearly ten months, of delineation of areas in United States change during the mid-decade update), the Committee reviewed the ‘‘2010 Island Areas, in addition to the United and two provided suggestions for other Standards for Delineating Metropolitan States and Puerto Rico. Comments datasets, such as primary care service and Micropolitan Statistical Areas,’’ offered technical suggestions on areas and other measures of economic and, in the end, it recommended six different means of delineating the activity. revisions to OMB. Now, the Committee territory of the United States and Puerto A few comments not included in this also has examined public comment Rico, such as the use of Bureau of count suggested specific changes to how received on those recommendations.’’ Economic Analysis (BEA) Economic the ACS commuting data are used in the ‘‘Each of the recommendations Areas, United States Department of standards, such as modifying followed from thoughtful consideration Agriculture (USDA) commuting zones, commuting thresholds, without and discussion, both within the USDA data, regional intergovernmental discussing whether the ACS data should Committee and with a panel of external organizations, and substate districts. continue to be used or what other experts. In addition, nearly all of the Recommendation 4: Incorporate the sources of data might replace or topics addressed in the results of the decade’s first annual supplement it. recommendations were familiar from Committee discussions in previous update review into the results of the Other Comments decade’s decennial census-based reviews of the standards.’’ update. The remaining comments mostly ‘‘Having reviewed the public Eight comments remarked on raised issues outside of the scope of the comment, the Committee stands by five Recommendation 4 concerning request, in that they were directed at of its six recommendations but now combining the publication of the first specific applications of the standards, recommends that action on the first of annual delineation update with the and did not offer recommendations that those recommendations—regarding the decennial-based redelineation, with were relevant to the potential minimum population core size for three in favor (with one comment not modification of the standards metropolitan statistical areas—be wanting any updates during the decade themselves. Several comments delayed pending completion of except this one). An argument in favor expressed concern about the current additional research on the topic.’’ was to minimize statistical area churn in configuration of one or more ‘‘Reviewing the public comment. the inventory. metropolitan areas and requested Public comment received on Five comments expressed general changes. For example, forty-two Recommendations 2 through 6 generally concerns about OMB conducting comments requested modification to the was supportive or offered no counter- updates during the decade, but did not components of the Evansville, IN-KY arguments that the Committee found provide a specific opinion on this metropolitan area; two comments sufficiently compelling to change its particular recommendation to combine requested modification to the earlier views. In general, these the annual and decennial updates. components of the Idaho Falls, ID recommendations generated modest Recommendation 5: Establish a metropolitan area, and one comment amounts of comment. Implementing Publicly Available Update Schedule. requested modification to the these recommendations will improve Two comments remarked on components of the Sioux City, IA-NE-SD the performance of the program in the Recommendation 5, which involved metropolitan area. Five comments near term, lay the foundation for establishing and publishing a public requested using subcounty units to improved data availability in the future, schedule for the release of delineations possibly identify a separate area within and increase transparency and and updates. The two comments were the current Riverside-San Bernardino- usability.’’

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‘‘Recommendation 1, on the other associated, derived area classification D. OMB’s Decisions Regarding Changes hand, received substantial comment, issues will require a more extensive to the 2010 Standards for Delineating and that comment raised a number of effort. Experience suggests these tasks Metropolitan and Micropolitan concerns of potential importance to the would be addressed most effectively by Statistical Areas federal statistical system. One such a combination of statistical agency This section of the Notice presents the concern focused on a possible reduction research and two to three external decisions OMB made on the Standards in federal statistical data available for research projects. Those projects would Review Committee’s recommendations. areas that would change status from analyze evolving U.S. central place In arriving at these decisions, we metropolitan statistical areas to hierarchies and economic agglomeration considered the Standards Review micropolitan statistical areas as a result thresholds during the period 1940– Committee’s recommendations, the of an increased core population 2020. Also, consideration should be public comments we received on those requirement. Another concern was with the Standards Review Committee’s discontinuities in longitudinal federal given to including within the scope of recommendations, and the Standards statistical data series that could come these research projects an examination Review Committee’s subsequent with a changed population of changed commuting patterns statement in Section C. requirement.’’ (pertinent to Recommendation 6, in ‘‘A third identified statistical issue light of changes in commuting behavior OMB also benefited from the relative to Recommendation 1 focused associated with the COVID–19 continued and thorough deliberations of on the size of the recommended core pandemic that occurred after the the statistical experts that constitute the population requirement increase (from Committee had submitted its Standards Review Committee, as well as 50,000 to 100,000). For some, that recommendations). This work would the research and analytic support provided by the Census Bureau. As in increase—if needed at all—was viewed best take place between late 2023 (once past reviews of the standards, we relied as too large; on the other side, there new statistical areas are delineated upon the technical and subject-matter were indications of dissatisfaction that based on 2020 data) and the end of 2025 expertise, insight, and dedication of the the Committee did not consider so results would be available to OMB alternative or larger changes to address Standards Review Committee members. and the Committee in early 2026. By We sincerely appreciate these the wide range of core populations 2023, the lasting effects of the pandemic currently covered within the category of contributions to the rigor, objectivity, on journey to work should have started and usefulness of the CBSA program, ‘‘metropolitan.’’ Finally, public becoming clearer.’’ comment challenged the Committee to and offer special thanks to the justify more clearly its Recommendation ‘‘(In the interest of smoothing invaluable support of the Population 1 with documented research results.’’ resource demands for research over the Division at the Census Bureau. ‘‘Next steps. The Committee now decade, conducting the groundwork on OMB’s decisions on each of the recommends OMB’s delaying action on approaches to preparing territorially Review Committee’s recommendations Recommendation 1 in order to complete exhaustive statistical areas are discussed below. OMB did not make further analysis and research. A side (Recommendation 3) can follow and any substantive changes to the 2010 benefit of this work is that it might help benefit from the work on core size and standards beyond the revisions to reassure data users that appropriate commuting data and should be discussed in this section. Recommendation 1: Raise the consideration has been invested in a key scheduled to start in 2026 and conclude minimum MSA core population change to the standards.’’ in 2028.)’’ ‘‘With assistance from the statistical threshold from 50,000 to 100,000. agencies, OMB could, with medium ‘‘Final thought. In view of the OMB Decision: OMB does not accept level of effort, address two of the considerable volume of public comment the initial recommendation to raise the concerns raised about Recommendation addressing issues extraneous to the MSA core population threshold in the 1: purpose of the metropolitan and 2020 standards, and has decided to • Provide a thorough assessment of micropolitan statistical areas program, leave the current threshold of 50,000 in the anticipated effects of a changed the Committee urges OMB to assume a place. A change to the fundamental minimum core population size on more assertive posture in reiterating criteria that determine whether an area federal statistical data availability, through various available channels the is considered metropolitan would cause reviewing possible effects in individual value and role of this federal statistical disruption to statistical programs and data programs across the full set of standard. Part of that effort will require products, and would be difficult for the statistical agencies. continued efforts to educate statistical agencies to implement. OMB • Conduct an analysis of changes in nonstatistical program users of the decided that there is insufficient thresholds in other statistical programs limitations of these statistical areas to justification at this time to raise the over the years to provide guidance on meet their programs’ needs; the other threshold to 100,000 and that further mitigating discontinuities in time series side of the effort will be to ensure that research is necessary before deciding whether to change the criteria that data. Programs change requirements federal statistical agencies and programs with different frequencies and using determine whether an area is considered are taking full advantage of the areas to different approaches. The fact that this metropolitan. Finally, we also note the disseminate data for the benefit of data program has held the minimum Standard Review Committee’s users. The success of the program metropolitan statistical area core subsequent modification of their initial population size constant in the name of depends in part on the continued recommendation recognizing the value stability for an extended period should demonstration of its usefulness across of additional research before modifying not permanently preclude adjustments the federal statistical system.’’ the threshold. to fit changed circumstances.’’ —Metropolitan and Micropolitan We acknowledge the Standards ‘‘Robust examination of the Statistical Area Standards Review Review Committee’s concern that the appropriate size for an increase in Committee MSA thresholds have not kept pace required core population for with population growth, which affects metropolitan statistical areas as well as the ability of the CBSA program to meet

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its intended purpose of identifying the OMB Decision: OMB accepts this some years, there may be no updates primary centers of population and recommendation. The CBSA program warranted by the data.) (2) Five-Year economic activity in the United States currently does not delineate a large (‘‘mid-decade’’) Update—This broader for use in official statistics. OMB portion of U.S. territory. A territorially update would include: Qualification of commits to working with the Standards exhaustive delineation would increase metropolitan and micropolitan Review Committee to conduct research the utility of the CBSA program and statistical areas, qualification of outlying and stakeholder outreach over the next improve coordination of Federal counties, merging of adjacent four years to closely examine the utility statistics. OMB commits to working metropolitan or micropolitan statistical of the current requirements for an area with the Review Committee on the areas, qualification of principal cities, to qualify as an MSA, and for outlying plans for the research necessary to categorization of metropolitan and counties to join an MSA (See provide a robust, exhaustive delineation micropolitan statistical areas, Recommendation 6). This research will of the United States and Puerto Rico. qualification of metropolitan divisions, be guided by the MSA program’s Recommendation 4: Incorporate the qualification of combined statistical primary goal of identifying the major results of the decade’s first annual areas, and titling of metropolitan and centers of population and economic update review into the results of the micropolitan statistical areas, activity of the United States, and will decade’s decennial census-based metropolitan divisions, and combined include exploring different frameworks update. statistical areas. (3) Decennial and data sources for classifying OMB Decision: OMB accepts this Delineation—The initial re-delineation metropolitan areas, including alternate recommendation. As background, on an following adoption of revised standards core population thresholds, features and annual basis and according to the would include all of the changes listed amenities of areas, evolving U.S. central standards, OMB makes small changes, for the five-year update, plus the place hierarchies, potential economic generally to just a few MSAs, based on qualification of central counties. thresholds, and other topics identified annual updates to the Census by the Standards Review Committee or population data used to determine a Update type Release date outside experts. The Standards Review county’s CBSA status. In the past a Committee will advise OMB on the small number of counties experienced Decennial Delineation June 2023. change in delineation status between Annual Update ...... December 2024. impact of any potential revisions on the Annual Update ...... December 2025. statistical products released by their the comprehensive, decennial Annual Update ...... December 2026. agencies. delineations issued in the third year Annual Update ...... December 2027. Recommendation 2: Discontinue after the Decennial Census and in the Five-Year Update ...... December 2028. Updates to the NECTAs, NECTA subsequent annual update that follows, Annual Update ...... December 2029. Divisions, and Combined NECTAs. due in part to the different geographic OMB Decision: OMB accepts this units used in the decennial update and Recommendation 6: Continue use of recommendation, and the conclusion of annual updates. The Committee believes American Community Survey the Committee that the significant this has led to unnecessary uncertainty commuting data to measure intercounty complexity generated by maintaining and instability in the program. connectivity. these areas is not justified by their use Implementing this recommendation will OMB Decision: OMB accepts this in Federal statistical products and improve the consistency of the areas recommendation for the 2020 standards. programs. with negligible impact on timing or We note that changes in commuting We recognize that NECTAs are more resources. behavior as a result of the pandemic granular than county-based CBSAs, and Recommendation 5: Establish a could result in a reduction in the five- more closely reflect the functional local Publicly Available Update Schedule. year average ACS estimates of government structure in New England. OMB Decision: OMB accepts this commuting which will contribute to the However, Federal statistical programs recommendation. To increase planned CBSA update in 2028. This often do not release two sets of data for transparency and consistency, we have anticipated reduction could result, if no both NECTAs and MSAs in the New provide a high level, preliminary other adjustments are made, in a large England states, because doing so would schedule below, and will publish and number of outlying counties getting create unacceptable risk of disclosure or maintain a schedule of upcoming CBSA dropped from their CBSAs, at least until reidentification. As a result, several delineations and updates on our the next time commuting data is statistical programs currently release Statistical Policies and Programs web updated in 2033. data by NECTAs in New England and by page (https://www.whitehouse.gov/omb/ OMB recognizes that the pandemic’s county-based CBSAs for the rest of the information-regulatory-affairs/ impact on commuting patterns may country. This practice is contrary to the statistical-programs-standards/). create an acute challenge for the 2028 intent of the standards to provide a Because the timing of OMB updates mid-decade update, as well as a longer- nationally consistent geographic depends in part on the timing of term challenge for the continued use of framework. After consulting with the delivery of the inputs by the Census ACS commuting data as the sole Bureau of Labor Statistics, which is the Bureau, we also intend to include the measure of intercounty connectivity and primary user of these areas, OMB is input dates into this schedule. If OMB economic integration. We especially confident that BLS programs can is unable to meet the public update recognize the importance of additional continue to release high quality and schedule, we will notify the public as research in this area in light of the useful statistics across the country. This soon as feasible through the web page. changing nature of work patterns, which decision will not affect the release of As described in the final 2020 the pandemic may have accelerated, and BLS products at finer geographic scales, standards in Section E, OMB will other ways in which geography and such as the release of Local Area release three different types of updates. economic activity interact. Unemployment Statistics data by minor (1) Annual Updates—These updates To that end, OMB will reconvene the civil division. would address qualification of new Standards Review Committee to Recommendation 3: Launch a metropolitan and micropolitan conduct a full review of intercounty research effort into delineating statistical areas and typically would connectivity measures before 2028, and territorially exhaustive areas. affect a small number of counties. (In to advise OMB on whether pandemic-

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related changes in commuting patterns Section 1. Population Size Requirements incorporated place of at least 10,000 warrant any adjustments to the for Qualification of Core Based population is present in the CBSA, the standards prior to the mid-decade Statistical Areas largest incorporated place or census update in 2028 to minimize the risk of Each CBSA must have a Census designated place in the CBSA; and unintended and potentially temporary Bureau-delineated Urban Area of at least (b) Any additional incorporated place or census designated place with a 2020 pandemic-related changes to the CBSAs 10,000 population. in 2028. In addition, we expect that the Census population of at least 250,000 or scope of this research will also Section 2. Central Counties in which 100,000 or more persons work; and encompass whether other measures of The central county or counties of a CBSA are those counties that: (c) Any additional incorporated place economic activity may be useful in the or census designated place with a 2020 identification of CBSAs, and position (a) Have at least 50 percent of their population in Urban Areas of at least Census population of at least 50,000, but OMB to ensure that the standards for less than 250,000, and in which the including outlying counties in CBSAs 10,000 population; or (b) Have within their boundaries a number of workers working in the place are robust and meaningful. population of at least 5,000 located in a meets or exceeds the number of workers E. 2020 Standards for Delineating Core single Urban Area of at least 10,000 living in the place; and Based Statistical Areas, and Key Terms population. (d) Any additional incorporated place A central county is associated with or census designated place with a 2020 A Core Based Statistical Area (CBSA) the Urban Area that accounts for the Census population of at least 10,000, but is a geographic entity associated with at largest portion of the county’s less than 50,000, and at least one-third least one core of 10,000 or more population. The central counties the population size of the largest place, population, plus adjacent territory that associated with a particular Urban Area and in which the number of workers has a high degree of social and are grouped to form a single cluster of working in the place meets or exceeds economic integration with the core as central counties for purposes of the number of workers living in the measured by commuting ties. The measuring commuting to and from place. standards delineate two categories of potentially qualifying outlying counties. Section 6. Categories and Terminology CBSAs: Metropolitan statistical areas Section 3. Outlying Counties A CBSA is categorized based on the (MSAs) and micropolitan statistical A county qualifies as an outlying population of the largest Urban Area areas (mSAs). CBSAs consist of counties county of a CBSA if it meets the within the CBSA. Categories of CBSAs and equivalent entities throughout the following commuting requirements: are: Metropolitan statistical areas, based United States and Puerto Rico. (a) At least 25 percent of the workers on Urban Areas of 50,000 or more Throughout these standards, the term living in the county work in the central population, and micropolitan statistical ‘‘county’’ is used to refer to counties and county or counties of the CBSA; or areas, based on Urban Areas of at least county-equivalents. (b) At least 25 percent of the 10,000 population but less than 50,000 The purpose of the CBSA standards is employment in the county is accounted population. Counties that do not fall to provide nationally consistent for by workers who reside in the central within CBSAs will represent ‘‘outside delineations for collecting, tabulating, county or counties of the CBSA. core based statistical areas.’’ and publishing Federal statistics for a A county may be included in only one Section 7. Divisions of Metropolitan set of geographic areas. The Office of CBSA. If a county qualifies as a central Statistical Areas county of one CBSA and as outlying in Management and Budget establishes and An MSA containing a single Urban maintains these areas solely for another, it falls within the CBSA in which it is a central county. A county Area with a population of at least 2.5 statistical purposes as part of their that qualifies as outlying to multiple million may be subdivided to form statutory responsibilities to coordinate CBSAs falls within the CBSA with smaller groupings of counties referred to and ensure the efficiency and which it has the strongest commuting as metropolitan divisions. A county effectiveness of the Federal statistical tie, as measured by either 3(a) or 3(b) qualifies as a ‘‘main county’’ of a system. above. The counties included in a CBSA metropolitan division if 65 percent or CBSAs are not designed as a must be contiguous; if a county is not more of workers living in the county geographic framework for nonstatistical contiguous with other counties in the also work within the county and the activities or for use in program funding CBSA, it will not fall within the CBSA. ratio of the number of workers working in the county to the number of workers formulas. The CBSA classification is not Section 4. Merging of Adjacent Core an urban-rural classification; MSAs, living in the county is at least 0.75. A Based Statistical Areas county qualifies as a ‘‘secondary mSAs, and many counties outside county’’ if 50 percent or more, but less CBSAs contain both urban and rural Two adjacent CBSAs will merge to than 65 percent, of workers living in the populations. form one CBSA if the central county or counties (as a group) of one CBSA county also work within the county and The following criteria apply to all qualify as outlying to the central county the ratio of the number of workers CBSAs nationwide. Commuting and or counties (as a group) of the other working in the county to the number of employment estimates are derived from CBSA using the measures and workers living in the county is at least the Census Bureau’s American thresholds stated in 3(a) and 3(b) above. 0.75. Community Survey. Whenever A main county automatically serves American Community Survey Section 5. Identification of Principal as the basis for a metropolitan division. Cities commuting and employment data are For a secondary county to qualify as the referred to below, the criteria use point The principal city (or cities) of a basis for forming a metropolitan estimates and do not incorporate a CBSA will include: division, it must join with either a measure of sampling variability of the (a) The largest incorporated place contiguous secondary county or a estimates. with a 2020 Census population of at contiguous main county with which it least 10,000 in the CBSA or, if no has the highest employment interchange

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measure of 15 or more (where the names of up to three counties in order censuses for which Urban Areas are employment interchange measure is the of descending 2020 Census population created. The central counties of CBSAs sum of the percentage of workers living size. identified on the basis of a 2020 Census in the smaller entity who work in the (c) The title of a combined statistical population count, or on the basis of larger entity and the percentage of area will include the names of the two population estimates from the Census employment in the smaller entity that is largest principle cities in the Bureau’s Population Estimates Program accounted for by workers who reside in combination and the name of the third- or a special census count in the case of the larger entity). After all main largest principal city, if present. If the postcensally delineated areas, will counties and secondary counties are combined statistical area title duplicates constitute the central counties for identified and grouped (if appropriate), that of one of its component CBSAs, the purposes of these area delineations. each additional county that already has name of the third-most-populous New CBSAs will be designated in 2028 qualified for inclusion in the MSA falls principal city will be dropped from the on the basis of Census Bureau special within the metropolitan division title of the Combined Statistical Area. census counts or population estimates associated with the main/secondary (d) Titles also will include the names as described above in Sections 10(b) and county or counties with which the of any State in which the area is located. 10(c); outlying county qualification will county at issue has the highest Section 10. Updating Schedule be based on five-year commuting employment interchange measure. estimates from the American Counties in a metropolitan division (a) The Office of Management and Community Survey. must be contiguous. Budget will delineate CBSAs in 2023 (f) Other aspects of the CBSA based on 2020 Census data and 2016– delineations are not subject to change Section 8. Combining Adjacent Core 2020 American Community Survey five- Based Statistical Areas between decennial censuses. year estimates. Release of these (g) OMB will issue delineation (a) Any two adjacent CBSAs will form delineations will take place during June updates (one per year in those years a combined statistical area if the 2023. when there is an update) in years other employment interchange measure (b) In the 2023 delineations and in than 2023 during December. between the two areas is at least 15. subsequent years, the Office of (h) OMB will maintain a publicly (b) The CBSAs thus combined will Management and Budget will designate available release schedule for these also continue to be recognized as a new mSA if: updates on its statistical programs and individual CBSAs within the combined (1) A city that is outside any existing standards web page (https:// statistical area. CBSA has a Census Bureau special www.whitehouse.gov/omb/information- Section 9. Titles of Core Based census count of 10,000 to 49,999 regulatory-affairs/statistical-programs- Statistical Areas, Metropolitan population, or a population estimate of standards/). Any delays will be Divisions, and Combined Statistical 10,000 to 49,999 for two consecutive announced on the website as soon as Areas years from the Census Bureau’s possible, along with an updated release Population Estimates Program, or date. (a) The title of a CBSA will include (2) A Census Bureau special census the name of its principal city with the results in the delineation of an Urban Section 11. Definitions of Key Terms largest 2020 Census population. If there Area of 10,000 to 49,999 population that Census designated place—A are multiple principle cities, the names is outside of any existing CBSA. statistical geographic entity that is of the second-largest and (if present) (c) Also in the 2023 delineations and analogous to an incorporated place, third-largest principle cities will appear in subsequent years, the Office of delineated for the decennial census and in the title in order of descending Management and Budget will designate consisting of a locally recognized, population size. If the principal city a new MSA if: unincorporated concentration of with the largest 2020 Census population (1) A city that is outside any existing population that is identified by name. is a census designated place, the name MSA has a Census Bureau special Central county—The county or of the largest incorporated place of at census count of 50,000 or more counties of a Core Based Statistical Area least 10,000 population that also is a population, or a population estimate of containing a substantial portion of an principal city will appear first in the 50,000 or more for two consecutive Urban Area, and to and from which title followed by the name of the census years from the Census Bureau’s commuting is measured to determine designated place. If the principal city Population Estimates Program, or qualification of outlying counties. with the largest 2020 Census population (2) A Census Bureau special census Combined Statistical Area—A is a census designated place, and there results in the delineation of an Urban geographic entity consisting of two or is no incorporated place of at least Area of 50,000 or more population that more adjacent Core Based Statistical 10,000 population that also is a is outside of any existing MSA. Areas with employment interchange principal city, the name of that census (d) Outlying counties of CBSAs that measures of at least 15. designated place principal city will qualify in this section will qualify Core—A densely settled concentration appear first in the title. according to the criteria in Section 3 of population, comprising an Urban (b) The title of a metropolitan division above, on the basis of American Area (of 10,000 or more population) will include the name of the principal Community Survey five-year delineated by the Census Bureau, city with the largest 2020 Census commuting estimates. around which a Core Based Statistical population located in the metropolitan (e) OMB will review the delineations Area is delineated. division. If there are multiple principle of all existing CBSAs and related Core Based Statistical Area (CBSA)— cities, the names of the second-largest statistical areas in 2028 using 2021– A statistical geographic entity consisting and (if present) third-largest principle 2025 five-year commuting and of the county or counties associated cities will appear in the title in order of employment estimates from the Census with at least one core (Urban Area) of descending population size. If there are Bureau’s American Community Survey. at least 10,000 population, plus adjacent no principle cities located in the The Urban Areas used in these counties having a high degree of social metropolitan division, the title of the delineations will be those based on 2020 and economic integration with the core metropolitan division will use the Census data or subsequent special as measured through commuting ties

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with the counties containing the core. Secondary county—A county that acts Commission to consider matters related Metropolitan and micropolitan as an employment center in to negotiated service agreement(s). The statistical areas are the two categories of combination with a main county or request(s) may propose the addition or core based statistical areas. another secondary county within a removal of a negotiated service Delineation—The establishment of the CBSA that has a core with a population agreement from the market dominant or boundary of a statistical area, or the of at least 2.5 million. A secondary the competitive product list, or the boundary that results. county may serve as the basis for modification of an existing product Employment interchange measure—A delineating a metropolitan division, but currently appearing on the market measure of ties between two adjacent only when combined with a main dominant or the competitive product entities. The employment interchange county or another secondary county. list. measure is the sum of the percentage of Urban Area— A statistical geographic Section II identifies the docket workers living in the smaller entity who entity delineated by the Census Bureau, number(s) associated with each Postal work in the larger entity and the which represents densely developed Service request, the title of each Postal percentage of employment in the territory, and encompasses residential, Service request, the request’s acceptance smaller entity that is accounted for by commercial, and other non-residential date, and the authority cited by the workers who reside in the larger entity. urban land uses. For purposes of Postal Service for each request. For each Geographic building block—The delineating MSAs, at least one Urban request, the Commission appoints an geographic unit, such as a county, that Area of 50,000 or more population is officer of the Commission to represent constitutes the basic geographic required; for purposes of delineating the interests of the general public in the component of a statistical area. mSAs, at least one Urban Area of 10,000 proceeding, pursuant to 39 U.S.C. 505 Main county—A county that acts as to 49,999 population is required. (Public Representative). Section II also establishes comment deadline(s) an employment center within a CBSA Sharon Block, that has a core with a population of at pertaining to each request. Acting Administrator, Office of Information least 2.5 million. A main county serves The public portions of the Postal and Regulatory Affairs. Service’s request(s) can be accessed via as the basis for delineating a [FR Doc. 2021–15159 Filed 7–13–21; 5:15 pm] the Commission’s website (http:// metropolitan division. BILLING CODE 3110–01–P www.prc.gov). Non-public portions of Metropolitan Division—A county or the Postal Service’s request(s), if any, group of counties within a CBSA that can be accessed through compliance contains an Urban Area with a with the requirements of 39 CFR population of at least 2.5 million. A POSTAL REGULATORY COMMISSION 3011.301.1 metropolitan division consists of one or [Docket Nos. MC2021–111 and CP2021–113; The Commission invites comments on more main/secondary counties that MC2021–112 and CP2021–114] whether the Postal Service’s request(s) represent an employment center or New Postal Products in the captioned docket(s) are consistent centers, plus adjacent counties with the policies of title 39. For associated with the main/secondary AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states county or counties through commuting ACTION: Notice. concern market dominant product(s), ties. applicable statutory and regulatory Metropolitan Statistical Area (MSA)— SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39 A Core Based Statistical Area associated recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3030, and 39 with at least one Urban Area that has a Commission’s consideration concerning CFR part 3040, subpart B. For request(s) population of at least 50,000. The MSA a negotiated service agreement. This that the Postal Service states concern comprises the central county or counties notice informs the public of the filing, competitive product(s), applicable containing the core, plus adjacent invites public comment, and takes other statutory and regulatory requirements outlying counties having a high degree administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633, of social and economic integration with DATES: Comments are due: July 20, 39 U.S.C. 3642, 39 CFR part 3035, and the central county or counties as 2021. 39 CFR part 3040, subpart B. Comment measured through commuting. deadline(s) for each request appear in Micropolitan Statistical Area (mSA)— ADDRESSES: Submit comments section II. A Core Based Statistical Area associated electronically via the Commission’s with at least one Urban Area that has a Filing Online system at http:// II. Docketed Proceeding(s) population of at least 10,000, but less www.prc.gov. Those who cannot submit 1. Docket No(s).: MC2021–111 and than 50,000. The mSA comprises the comments electronically should contact CP2021–113; Filing Title: USPS Request central county or counties containing the person identified in the FOR FURTHER to Add Priority Mail & First-Class the core, plus adjacent outlying counties INFORMATION CONTACT section by Package Service Contract 199 to having a high degree of social and telephone for advice on filing Competitive Product List and Notice of economic integration with the central alternatives. Filing Materials Under Seal; Filing county or counties as measured through FOR FURTHER INFORMATION CONTACT: Acceptance Date: July 12, 2021; Filing commuting. David A. Trissell, General Counsel, at Authority: 39 U.S.C. 3642, 39 CFR Outlying county—A county that 202–789–6820. 3040.130 through 3040.135, and 39 CFR 3035.105; Public Representative: qualifies for inclusion in CBSA on the SUPPLEMENTARY INFORMATION: basis of commuting ties with the CBSA’s Kenneth R. Moeller; Comments Due: central county or counties. Table of Contents July 20, 2021. 2. Docket No(s).: MC2021–112 and Outside Core Based Statistical I. Introduction Areas—Counties that do not qualify for II. Docketed Proceeding(s) CP2021–114; Filing Title: USPS Request inclusion in a CBSA. Principal City—The largest city of a I. Introduction 1 See Docket No. RM2018–3, Order Adopting Final Rules Relating to Non-Public Information, CBSA, plus additional cities that meet The Commission gives notice that the June 27, 2018, Attachment A at 19–22 (Order No. specified statistical criteria. Postal Service filed request(s) for the 4679).

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to Add Priority Mail Express, Priority personally or by mail. Hearing requests 19b–4 thereunder,2 a proposed rule Mail & First-Class Package Service should be received by the Commission change to amend Rule 7.35 regarding Contract 74 to Competitive Product List by 5:30 p.m. on August 6, 2021, and dissemination of Auction Imbalance and Notice of Filing Materials Under should be accompanied by proof of Information if a security is an IPO or Seal; Filing Acceptance Date: July 12, service on applicants, in the form of an Direct Listing and has not had its IPO 2021; Filing Authority: 39 U.S.C. 3642, affidavit or, for lawyers, a certificate of Auction or Direct Listing Auction, and 39 CFR 3040.130 through 3040.135, and service. Pursuant to rule 0–5 under the Rule 7.35A regarding DMM 39 CFR 3035.105; Public Representative: Act, hearing requests should state the consultations in connection with an IPO Kenneth R. Moeller; Comments Due: nature of the writer’s interest, any facts or Direct Listing. The proposed rule July 20, 2021. bearing upon the desirability of a change was published for comment in This Notice will be published in the hearing on the matter, the reason for the the Federal Register on November 17, Federal Register. request, and the issues contested. 2020.3 On December 18, 2020, the Erica A. Barker, Persons who wish to be notified of a Commission extended to February 15, Secretary. hearing may request notification by 2020, the time period within which to writing to the Commission’s Secretary. [FR Doc. 2021–15125 Filed 7–15–21; 8:45 am] approve the proposed rule change, ADDRESSES: Secretary, U.S. Securities BILLING CODE 7710–FW–P disapprove the proposed rule change, or and Exchange Commission, 100 F Street institute proceedings to determine NE, Washington, DC 20549–1090; whether to approve or disapprove the Applicants, 390 Park Avenue, 15th 4 SECURITIES AND EXCHANGE proposed rule change. Floor, NY, NY 10022. COMMISSION On February 12, 2021, the FOR FURTHER INFORMATION CONTACT: Lisa Commission instituted proceedings [Investment Company Act Release No. Reid Ragen, Branch Chief, at (202) 551– under Section 19(b)(2)(B) of the Act 5 to 34328; 812–15240] 6825 (Division of Investment determine whether to approve or Management, Chief Counsel’s Office). DoubleLine Opportunistic Credit, et al; disapprove the proposal.6 On April 9, SUPPLEMENTARY INFORMATION: For 2021, the Exchange filed Amendment July 13, 2021. Applicants’ representations, legal No. 1 to the proposed rule change. On AGENCY: Securities and Exchange analysis, and condition, please refer to May 7, 2021, the Commission extended Applicants’ application, dated June 23, Commission (‘‘Commission’’). the time period for approving or 2021, which may be obtained via the ACTION: Notice. disapproving the proposal for an Commission’s website by searching for additional 60 days until July 15, 2021.7 Notice of an application under section the file number, using the Company On May 11, 2021, the Exchange 6(c) of the Investment Company Act of name box, at http://www.sec.gov/ withdrew Partial Amendment No. 1 and 1940 (the ‘‘Act’’) for an exemption from search/search.htm, or by calling (202) filed Partial Amendment No. 2 to the section 19(b) of the Act and rule 19b– 551–8090. proposal for inclusion in the public 1 under the Act to permit registered For the Commission, by the Division of comment file.8 closed-end investment companies to The Commission has not Investment Management, under delegated received comments on the proposed make periodic distributions of long-term authority. capital gains more frequently than rule change, as modified by Partial J. Matthew DeLesDernier, Amendment No. 2. permitted by section 19(b) or rule 19b– Assistant Secretary. 1. The Commission is publishing this [FR Doc. 2021–15165 Filed 7–15–21; 8:45 am] Summary of Application: Applicants notice to solicit comment on Partial request an order to permit certain BILLING CODE 8011–01–P Amendment No. 2 to the proposed rule registered closed-end management change from interested persons, and is investment companies to pay as SECURITIES AND EXCHANGE approving the proposed rule change, as frequently as twelve times in any one COMMISSION modified by Partial Amendment No. 2, taxable year in respect of its common on an accelerated basis. stock and as often as specified by, or [Release No. 92373; File No. SR–NYSE– 2020–93] determined in accordance with the 2 17 CFR 240.19b–4. terms of, any preferred stock issued by 3 See Securities Exchange Act Release No. 90387 Self-Regulatory Organizations; New the investment company subject to the (Nov. 10, 2020), 85 FR 73322 (Nov. 17, 2020) York Stock Exchange LLC; Notice of terms and conditions stated in the (‘‘Notice’’). Filing of Partial Amendment No. 2 and 4 See Securities Exchange Act Release No. 90723 application. Order Granting Accelerated Approval (Dec. 18, 2020), 85 FR 84446 (Dec. 28, 2020). Applicants: DoubleLine Opportunistic 5 To Proposed Rule Change, as Modified 15 U.S.C. 78s(b)(2)(B). Credit Fund, DoubleLine Income 6 by Partial Amendment No. 2, To See Securities Exchange Act Release No. 91121, Solutions Fund, DoubleLine Yield (Feb. 12, 2021), 86 FR 10386 (Feb. 19, 2021) (‘‘Order Amend NYSE Rules 7.35 and 7.35A Opportunities Fund, DoubleLine Shiller Instituting Proceedings’’). CAPE Enhanced Income Fund, 7 See Securities Exchange Act Release No. 91791 July 12, 2021. (May 7, 2021), 86 FR 26110 (May 12, 2021). DoubleLine Capital LP, and DoubleLine I. Introduction 8 In Partial Amendment No. 2, the Exchange Alternatives LP. proposes to (1) update NYSE Rule 7.35A(g)(1) in Filing Dates: The application was On November 3, 2020, New York Exhibit 5 of the proposal to incorporate the term filed on June 23, 2021. Stock Exchange LLC (‘‘NYSE’’ or ‘‘Selling Shareholder Direct Floor Listing’’ to reflect the text of NYSE Rule 7.35A(g)(1) as recently Hearing or Notification of Hearing: An ‘‘Exchange’’) filed with the Securities amended, and (2) provide additional background order granting the requested relief will and Exchange Commission for the proposal in response to the Commission’s be issued unless the Commission orders (‘‘Commission’’), pursuant to Section request for comment in the Order Instituting a hearing. Interested persons may 19(b)(1) of the Securities Exchange Act Proceedings. See Letter from Martha Redding, 1 Associate General Counsel, NYSE LLC to Secretary, request a hearing by writing to the of 1934 (‘‘Exchange Act’’) and Rule Commission (May 11, 2021). Partial Amendment Commission’s Secretary and serving No. 2 is available at https://www.sec.gov/comments/ applicants with a copy of the request, 1 15 U.S.C. 78s(b)(1). sr-nyse-2020-93/srnyse202093-8785691-237727.pdf.

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II. Description of the Proposal, As the bid and offer of any published pre- the proposed amendments to NYSE Modified by Partial Amendment No. 2 9 opening indication.15 Because the Rule 7.35A; (2) whether there any types and Order Instituting Proceedings definition of Imbalance Reference Price of information that the underwriter or does not currently specify what the financial advisor should be prohibited A. Description of the Proposal As Consolidated Last Sale Price would be from conveying to the DMM in these Modified by Partial Amendment No. 2 for an IPO Auction or Direct Listing consultations; (3) whether a DMM The Exchange proposes to (1) amend Auction (which does not exist because should be permitted to communicate NYSE Rule 7.35 to make permanent that the security has not been previously directly with the underwriter or the Exchange would disseminate listed on an exchange), the Exchange financial advisor with respect to these Auction Imbalance Information if a proposes to amend the definition of consultations, rather than through a security is an IPO or Direct Listing and Consolidated Last Sale Price in NYSE Floor broker or a member of the has not had its IPO Auction or Direct Rule 7.35(a)(11)(A) to provide that: (i) Exchange’s staff; and (4) whether the Listing Auction, and (2) amend NYSE For an IPO that has not had its IPO Exchange’s rules should distinguish Rule 7.35A regarding DMM Auction, the Consolidated Last Sale between DMM consultations with consultations in connection with an IPO Price would mean the security’s offering underwriters or financial advisors with Auction or Direct Listing Auction.10 price; and (ii) for a Direct Listing that respect to follow-on offerings for NYSE Rule 7.35—Auction Imbalance has not had its Direct Listing Auction, securities that have a market value Information the Consolidated Last Sale Price would reflected in trading prices as opposed to mean the Indication Reference Price for initial offerings.22 The Exchange proposes to make such security.16 In response to the questions raised in permanent that the Exchange would the Order Instituting Proceedings, the disseminate Auction Imbalance NYSE Rule 7.35A—DMM Consultations Exchange states that there is a long- Information if a security is an IPO or The Exchange proposes to amend standing practice on the Trading Floor Direct Listing 11 and has not had its IPO NYSE Rule 7.35A(g)(1) to provide that a for DMMs to communicate with Auction or Direct Listing Auction.12 The DMM may consult with an underwriter underwriters via Floor brokers in Exchange states that disseminating or financial advisor for initial listings or connection with IPO Auctions and Core Auction Imbalance Information in follow-on offerings for the issuer of such Open Auctions for follow-on offerings.23 advance of an IPO Auction or Direct security.17 The Exchange represents that According to the Exchange, this practice Listing Auction would promote the proposed rule text reflects long- is consistent with Exchange rules, transparency in advance of these standing practice relating to the type of which permit Floor brokers to use Auctions, which would benefit consultations that a Designated Market cellular phones at the point of sale, investors and other market Maker (‘‘DMM’’) may have with an including to relay market look participants.13 underwriter or financial advisor.18 The information off the Trading Floor.24 The As part of the proposed change, the Exchange further proposes to specify Exchange states its belief that this Exchange proposes that the Imbalance that any such consultations will be practice also promotes a fair and orderly Reference Price for determining the conducted by an underwriter or and transparent auction process because Auction Imbalance Information for financial advisor relaying information to any information that is relayed from the either an IPO Auction or a Direct Listing the DMM via either a Floor broker or underwriter to the DMM or from the Auction would be determined in the Exchange staff.19 The Exchange DMM to the underwriter is announced same manner as currently provided for represents that, as with current practice, on the Trading Floor, and is thereby under the temporary Commentaries .01 the only consultations that would be available to anyone at the point of and .02 to NYSE Rule 7.35, required in Exchange rules would be in sale.25 The Exchange also states that, to respectively.14 Specifically, the connection with a Selling Shareholder the extent the DMM receives Imbalance Reference Price for Direct Floor Listing that has not had information that would affect the determining the Auction Imbalance recent sustained history of trading in a opening price, that information would Information for a Core Open Auction Private Placement Market prior to be incorporated into the pre-opening under NYSE Rule 7.35A(e)(3) is the listing.20 The Exchange states that it indication published by the DMM, Consolidated Last Sale Price, bound by believes that this proposed rule would which is disseminated via both promote transparency and clarity in proprietary data feeds and the 9 See Notice, supra note 3, for a complete Exchange rules by specifying the Consolidated Tape. The Exchange states description of the proposal as originally filed. existing process whereby a DMM may that when the Exchange introduced 10 In Partial Amendment No. 2, the Exchange also consult with an underwriter or financial proposes to update the text to NYSE Rule Direct Listing Auctions, DMMs met 7.35A(g)(1) in the Exhibit 5 to correctly reflect the advisor in connection with a security their obligation to consult with financial text of that rule as recently amended. See supra having its initial listing on the Exchange advisors using the same process.26 note 8 and accompanying text. or for a follow-on offering.21 The Exchange states that the proposal 11 As used in Exchange Rules, the term ‘‘Direct would specify in Exchange rules this B. Order Instituting Proceedings Listing’’ means a security that is listed under long-standing practice with only one Footnote (E) to Section 102.01B of the Listed In the Order Instituting Proceedings, Company Manual, which can be either a ‘‘Selling proposed difference—specifically, that Shareholder Direct Floor Listing’’ or a ‘‘Primary the Commission requested comment on, the Exchange proposes to provide an Direct Floor Listing.’’ See NYSE Rule 1.1(f). among other things: (1) Whether the underwriter or financial advisor the 12 See Notice, supra note 3, 85 FR at 73323. proposed rule should specify what is a choice to use either a Floor broker or Commentaries .01 and .02 to Rule 7.35, currently permitted consultation provided for in in effect on a temporary basis through August 31, 2021, provide for the dissemination of Auction 22 See Order Instituting Proceedings, supra note 6, 15 Imbalance Information if a security is an IPO or See Notice, supra note 3, 85 FR at 73323. 86 FR at 10387. Direct Listing and has not had its IPO Auction or 16 See id. 23 See Partial Amendment No. 2, supra note 8, at Direct Listing Auction. See Securities Exchange Act 17 See Notice, supra note 3, 85 FR at 73324. 7. Release No. 91778 (May 5, 2021), 86 FR 25902 (May 18 See id. 24 See id. 11, 2021) (SR–NYSE–2021–29). 19 See id. 25 See id. 13 See Notice, supra note 3, 85 FR at 73323. 20 See id. 26 See Partial Amendment No. 2, supra note 8, at 14 See id. 21 See id. 7–8.

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Exchange staff to relay information to Auction in connection with a follow-on will include such orders in the Auction and from the DMM.27 The Exchange offering.33 Imbalance Information.38 Because Floor states that it has been operating in this broker interest is now entered III. Discussion and Commission manner on a temporary basis during the electronically and can be included in Findings period when there have been reduced Auction Imbalance Information for all DMM and Floor broker staff on the After careful review, the Commission Core Open Auctions, the original Trading Floor to reduce the spread of is approving the proposed rule change, rationale for excluding such information COVID–19.28 The Exchange states its as modified by Amendment No. 2, for has become moot. belief that if an underwriter or financial the reasons discussed below.34 The The Commission also finds that the advisor chooses to use Exchange staff to Commission finds that the proposed proposal to make permanent the ability relay information, it would still be an rule change, as modified, is consistent of an underwriter or financial advisor to open and transparent process, because with the requirements of the Act and the convey information to the DMM in any information that Exchange staff rules and regulations thereunder connection with initial listings and request of a DMM would be relayed to applicable to a national securities follow-on offerings via either a Floor anyone at the point of sale, and any exchange, including Section 6(b)(5) of broker or Exchange staff is consistent information that an underwriter or the Exchange Act,35 which requires, with the Act. Whether an underwriter or financial advisor provides to Exchange among other things, that the rules of a financial advisor relays information to staff would be relayed to the DMM at national securities exchange be the DMM via Exchange staff or a Floor the point of sale, again, available to designed to prevent fraudulent and broker, the process would remain open anyone else standing in the crowd.29 manipulative acts and practices, to and transparent because all such The Exchange states its belief that it promote just and equitable principles of communications would occur on the is not necessary for Exchange rules to trade, to remove impediments to and Exchange floor in the presence of all impose any restrictions on the type of perfect the mechanism of a free and persons present in the trading crowd information that is relayed from an open market and a national market and because, if those communications underwriter or financial advisor to the system, and, in general, to protect impact the anticipated pricing of the DMM and vice versa because, in the investors and the public interest; and auction, that information would be Exchange’s view, the manner of such are not designed to permit unfair incorporated into the pre-opening communications makes them available discrimination between customers, indication published by the DMM and to all Floor brokers that choose to be at issuers, brokers, or dealers. disseminated via both proprietary data the point of sale, and if the The proposed change to make feeds and the Consolidated Tape, which communications impact pricing, that permanent that the Exchange would provides additional transparency.39 The information would be incorporated into disseminate Auction Imbalance Commission, however, reminds market the pre-opening indication published by Information if a security is an IPO or participants that the federal securities the DMM and disseminated via both Direct Listing and has not had its IPO laws, including Regulation M and other proprietary data feeds and the Auction or Direct Listing Auction is antifraud and anti-manipulation Consolidated Tape.30 The Exchange also reasonably designed to promote fair and provisions, will continue to apply and states its belief that, because any such orderly IPO Auctions and Direct Listing that the proposed amendments to NYSE communications are available to any Auctions, because including this Rule 7.35A(g)(1) do not modify or Floor brokers at the point of sale, and information in the Auction Imbalance provide any relief from—or create an could be shared with customers of those Information on the same terms that it is exception to—these provisions of the Floor brokers, Exchange rules do not disseminated for other Core Open federal securities laws and regulations, need to limit the information an Auctions would promote transparency including Regulation M.40 Further, underwriter or financial advisor may in advance of an IPO Auction or Direct reliance on NYSE Rule 7.35A(g)(1) or ask to be relayed to the DMM by a Floor Listing Auction. The Exchange initially any amendments thereto would not broker or Exchange staff.31 The excluded IPOs and Direct Listings from create a safe harbor with respect to Exchange further states that having a Order Imbalance Information because violations of Regulation M. Floor-based intermediary between an Exchange systems at the time did not The proposed change to NYSE Rule underwriter or financial advisor and the have access to interest represented in 7.35A(g)(1) is reasonably designed to 36 DMM ensures an open and transparent the crowd by Floor brokers. Since the protect investors and the public interest process on the Trading Floor, and that, Exchange transitioned to its Pillar and provide greater clarity and therefore, in the Exchange’s view, trading platform in August 2019, all transparency in Exchange rules by Exchange rules do not need to be Floor broker interest intended for a Core modified at this time to permit direct Open Auction, IPO Auction, or Direct part of the transition to Pillar, the Exchange replaced the term ‘‘Order Imbalance Information’’ communications between the DMM and Listing Auction must be entered 37 with ‘‘Auction Imbalance Information.’’ 32 electronically, and Exchange systems underwriter or financial advisor. 38 See Notice, supra note 3, 85 FR at 73323. Finally, the Exchange states that, for 39 See id. 33 See id. similar reasons, the Exchange does not 40 See, e.g., Securities Exchange Act Release No. 34 In approving this proposed rule change, the believe that the permissible method of 90758 (Dec. 22, 2020), 85 FR 85807, 85813 (Dec. 29, Commission has considered the proposed rule 2020) (SR–NYSE–2019–67) (stating, in approving communication needs to be change’s impact on efficiency, competition, and the Exchange’s proposed modification to its direct distinguished among an IPO Auction, capital formation. See 15 U.S.C. 78c(f). listing rules, that the Exchange had added language Direct Listing Auction, or Core Open 35 15 U.S.C. 78f(b)(5). to its rule proposal ‘‘reminding financial advisers to 36 See Securities Exchange Act Release Nos. an issuer and the DMM that any consultations with 74837 (April 29, 2015), 80 FR 25741 (May 5, 2015) 27 See Partial Amendment No. 2, supra note 8, at the financial advisor must be conducted in a (SR–NYSE–2015–19) (Notice of filing and 8. manner consistent with the federal securities laws, immediate effectiveness of proposed rule change); including Regulation M and other anti- 28 See id. and 82627 (Feb. 2, 2018), 83 FR 5650 (Feb. 8, 2018) manipulation requirements,’’ and further stating 29 See id. (SR–NYSE–2017–30) (Approval Order). that the Exchange had represented that it had 30 See id. 37 See Securities Exchange Act Release No. 85962 retained FINRA to monitor such compliance and 31 See id. (May 29, 2019), 84 FR 26188, 26208 at n.73 (June that it planned to issue regulatory guidance in this 32 See id. 5, 2019) (SR–NYSE–2019–05) (Approval Order). As area).

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codifying the current practice for DMM with respect to the proposed rule change, as modified by Partial consultations with the underwriter or change that are filed with the Amendment No. 2, on an accelerated financial advisor of an issuer of a Commission, and all written basis. security in connection with initial communications relating to the VI. Conclusion listings and follow-on offerings. The proposed rule change between the Exchange represents that this proposed Commission and any person, other than It is therefore ordered, pursuant to rule change would not result in any those that may be withheld from the Section 19(b)(2) of the Exchange Act,44 changes to how a DMM would public in accordance with the that the proposed rule change (SR– determine the Auction Price for Core provisions of 5 U.S.C. 552, will be NYSE–2020–93), as modified by Partial Open Auctions under NYSE Rule available for website viewing and Amendment No. 2, be, and it hereby is, 7.35A(g).41 printing in the Commission’s Public approved on an accelerated basis. For the reasons discussed above, the Reference Room, 100 F Street NE, For the Commission, by the Division of Commission finds that the proposed Washington, DC 20549, on official Trading and Markets, pursuant to delegated rule change, as modified by Amendment business days between the hours of authority.45 No. 2, is consistent with the 10:00 a.m. and 3:00 p.m. Copies of the J. Matthew DeLesDernier, requirements of the Act and in filing also will be available for Assistant Secretary. particular Section 6(b)(5) because it is inspection and copying at the principal [FR Doc. 2021–15103 Filed 7–15–21; 8:45 am] reasonably designed to prevent office of the Exchange and on the fraudulent and manipulative acts and Exchange’s website https:// BILLING CODE 8011–01–P practices, to promote just and equitable www.nyse.com/regulation/rule- principles of trade, to foster cooperation filings?market=NYSE. All comments and coordination with persons engaged received will be posted without change. SURFACE TRANSPORTATION BOARD in facilitating transactions in securities, Persons submitting comments are [Docket No. AB 1065 (Sub-No. 4X)] and to remove impediments to and cautioned that we do not redact or edit perfect the mechanism of a free and personal identifying information from Indiana Southwestern Railway Co.— open market and a national market comment submissions. You should Abandonment Exemption—in Posey system, and is not designed to permit submit only information that you wish and Vanderburgh Counties, Ind. unfair discrimination between to make available publicly. All Indiana Southwestern Railway Co. customers, issuers, brokers, or dealers. submissions should refer to File Number SR–NYSE–2020–93 and should (ISW) has filed a verified notice of IV. Solicitation of Comments on Partial be submitted on or before August 6, exemption under 49 CFR part 1152 Amendment No. 2 to the Proposed Rule 2021. subpart F—Exempt Abandonments to Change abandon approximately 20.367 miles of Interested persons are invited to V. Accelerated Approval of the interconnecting rail lines (the Lines) in Proposed Rule Change, as Modified as submit written data, views and Posey and Vanderburgh Counties, Ind., Partial Amendment No. 2 arguments concerning the foregoing, as follows: (1) From milepost 227.5 (at including whether Partial Amendment The Commission finds good cause, Poseyville, Ind.) to milepost 243.2 (at No. 2 to the proposed rule change is pursuant to Section 19(b)(2) of the the centerline of North St. Josephs Ave. consistent with the Act. Comments may Act,42 to approve the proposed rule near Evansville, Ind.), a total of be submitted by any of the following change, as modified by Partial approximately 15.7 miles; and (2) methods: Amendment No. 2, prior to the 30th day approximately 4.667 route miles from after the date of publication of Partial milepost 282.0 (at Poseyville, Ind.) to Electronic Comments Amendment No. 2 in the Federal milepost 277.5 (at Cynthiana, Ind.).1 • Use the Commission’s internet Register. As noted above, Partial The Lines traverse U.S. Postal Service comment form (http://www.sec.gov/ Amendment No. 2 does not amend the Zip Codes 47720, 47633, and 47612. rules/sro.shtml); or substance of the proposal as initially ISW has certified that: (1) No local • Send an email to rule-comments@ filed but instead corrects reference in traffic has moved over the Lines for well sec.gov. Please include File Number SR– the rule text in the Exhibit 5 and over two years; (2) there is no overhead NYSE–2020–93 on the subject line. provides additional background on the traffic on the Lines, and, if there were any, it could be rerouted over other Paper Comments proposal. Because Partial Amendment No. 2 does not materially alter the lines; (3) no formal complaint filed by • Send paper comments in triplicate substance of the proposed rule change a user of rail service on the Lines (or by to Secretary, Securities and Exchange or raise unique or novel regulatory a state or local government entity acting Commission, 100 F Street NE, issues, the Commission finds that on behalf of such user) regarding Washington, DC 20549–1090. accelerated approval of Partial cessation of service over the Lines either All submissions should refer to File Amendment No. 2 is consistent with the is pending with the Surface Number SR–NYSE–2020–93. This file Act. Transportation Board (Board) or with number should be included on the For the reasons discussed above, the any U.S. District Court or has been subject line if email is used. To help the Commission finds that Partial decided in favor of a complainant Commission process and review your Amendment No. 2 is reasonably within the two-year period; and (4) the comments more efficiently, please use designed to protect investors and the requirements of 49 CFR 1105.7 and only one method. The Commission will public interest, and consistent with the 1105.8 (notice of environmental and post all comments on the Commission’s requirements of the Act. Accordingly, internet website (http://www.sec.gov/ the Commission finds good cause, 44 15 U.S.C. 78s(b)(2). rules/sro.shtml). Copies of the pursuant to Section 19(b)(2) of the 45 17 CFR 200.30–3(a)(12). submission, all subsequent Act,43 to approve the proposed rule 1 ISW filed an errata on June 28, 2021, to correct the description of the Lines. According to ISW, in amendments, all written statements its original submissions, the locations for milepost 42 15 U.S.C. 78s(b)(2). 282.0 and milepost 277.5 were unintentionally 41 See Notice, supra note 3, 85 FR at 73325. 43 15 U.S.C. 78s(b)(2). swapped.

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historic reports), 49 CFR 1105.11 available to interested persons on the Standards (FS) employees, primarily to (transmittal letter), 49 CFR 1105.12 Board’s website, by writing to OEA, or collaborate and communicate with their (newspaper publication), and 49 CFR by calling OEA at (202) 245–0305. FS counterparts regarding initial 1152.50(d)(1) (notice to governmental Assistance for the hearing impaired is certification applications, and agencies) have been met. available through the Federal Relay requesting new programs for acceptance As a condition to this exemption, any Service at (800) 877–8339. Comments and approval. employee adversely affected by the on environmental and historic DATES: Written comments should be abandonment shall be protected under preservation matters must be filed by submitted by September 14, 2021. Oregon Short Line Railroad— July 26, 2021. ADDRESSES: Please send written Abandonment Portion Goshen Branch Environmental, historic preservation, comments: Between Firth & Ammon, in Bingham & public use, or interim trail use/rail By Electronic Docket: Bonneville Counties, Idaho, 360 I.C.C. banking conditions will be imposed, www.regulations.gov (Enter docket 91 (1979). To address whether this where appropriate, in a subsequent number into search field). condition adequately protects affected decision. By mail: Wendy Johnson (c/o Denise employees, a petition for partial Pursuant to the provisions of 49 CFR Beaudoin), 13873 Park Center Rd, revocation under 49 U.S.C. 10502(d) 1152.29(e)(2), ISW shall file a notice of Herndon, VA 20171. must be filed. consummation with the Board to signify By fax: 703–481–6043. Provided no formal expression of that it has exercised the authority FOR FURTHER INFORMATION CONTACT: intent to file an offer of financial granted and fully abandoned the Lines. Wendy Johnson by email at: 2 assistance (OFA) has been received, the If consummation has not been effected [email protected]; phone 571– exemption will be effective on August by ISW’s filing of a notice of 421–4110. 15, 2021, unless stayed pending consummation by July 16, 2022, and SUPPLEMENTARY INFORMATION: reconsideration. Petitions to stay that do there are no legal or regulatory barriers Public Comments Invited: You are 3 not involve environmental issues, to consummation, the authority to asked to comment on any aspect of this formal expressions of intent to file an abandon will automatically expire. information collection, including (a) OFA under 49 CFR 1152.27(c)(2), and Board decisions and notices are Whether the proposed collection of interim trail use/rail banking requests available at www.stb.gov. information is necessary for FAA’s under 49 CFR 1152.29 must be filed by performance; (b) the accuracy of the 4 Decided: July 13, 2021. July 26, 2021. Petitions to reopen or estimated burden; (c) ways for FAA to requests for public use conditions under By the Board, Valerie O. Quinn, Acting Director, Office of Proceedings. enhance the quality, utility and clarity 49 CFR 1152.28 must be filed by August of the information collection; and (d) Aretha Laws-Byrum, 5, 2021. ways that the burden could be All pleadings, referring to Docket No. Clearance Clerk. minimized without reducing the quality AB 1065 (Sub-No. 4X), should be filed [FR Doc. 2021–15137 Filed 7–15–21; 8:45 am] of the collected information. The agency with the Surface Transportation Board BILLING CODE 4915–01–P will summarize and/or include your via e-filing on the Board’s website. In comments in the request for OMB’s addition, a copy of each pleading must clearance of this information collection. be served on ISW’s representative, DEPARTMENT OF TRANSPORTATION OMB Control Number: 2120–0774. William A. Mullins, Baker & Miller Title: Safety Assurance System (SAS) PLLC, 2401 Pennsylvania Avenue NW, Federal Aviation Administration External Portal. Suite 300, Washington, DC 20037. Form Numbers: List of the following [Docket No. FAA–2021–0486] If the verified notice contains false or web-based forms: misleading information, the exemption • Submitting a Preapplication is void ab initio. Agency Information Collection Activities: Requests for Comments; Statement of Intent (PASI) Form (FAA ISW has filed a combined Form 8400–6) (14 CFR parts 121, 135 environmental and historic report that Clearance of a Renewed Approval of Information Collection: Safety and 141); addresses the potential effects, if any, of • Submitting an Application for the abandonment on the environment Assurance System (SAS) External Portal Repair Station (FAA Form 8310–3) (14 and historic resources. OEA issued a CFR part 145); Draft Environmental Assessment (Draft AGENCY: Federal Aviation • Submitting an Application for 5 EA) on July 9, 2021. The Draft EA is Administration (FAA), DOT. Aviation Maintenance School Certificate ACTION: Notice and request for and Ratings Application (FAA Form 2 Persons interested in submitting an OFA must 8310–6) (14 CFR part 147). first file a formal expression of intent to file an comments. offer, indicating the type of financial assistance they Type of Review: Renewal of an wish to provide (i.e., subsidy or purchase) and SUMMARY: In accordance with the information collection. demonstrating that they are preliminarily Paperwork Reduction Act of 1995, FAA Background: The SAS external portal financially responsible. See 49 CFR 1152.27(c)(2)(i). invites public comments about our is a web-based tool developed for 3 The Board will grant a stay if an informed applicants and certificate holders (also decision on environmental issues (whether raised intention to request the Office of by a party or by the Board’s Office of Environmental Management and Budget (OMB) referred to as external users) to Analysis (OEA) in its independent investigation) approval to renew an information exchange information with Flight cannot be made before the exemption’s effective collection. The SAS external portal is a Standards employees, primarily the date. See Exemption of Out-of-Serv. Rail Lines, 5 Certification Project Managers (CPMs), I.C.C.2d 377 (1989). Any request for a stay should web-based tool developed for 14 CFR be filed as soon as possible so that the Board may part 121, 135, 141, 142, 145 and 147 Principal Inspectors (PIs) and Training take appropriate action before the exemption’s applicants and certificate holders (also Center Program Managers (TCPMs). SAS effective date. referred to as external users) to external portal creates the ability for our 4 Filing fees for OFAs and trail use requests can external users to collaborate and be found at 49 CFR 1002.2(f)(25) and (27), exchange information with Flight respectively. communicate with their FS counterparts 5 The Draft EA used the incorrect milepost submissions. Those locations will be corrected in in the execution of the following locations for the Lines from ISW’s original the Final EA. functions:

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• Submitting a Preapplication Hernando DeSoto Bridge (I–40 Bridge) (615) 781–5770, pamela.kordenbrock@ Statement of Intent (PASI) Form (FAA over the Mississippi River between dot.gov. Form 8400–6) (14 CFR parts 121, 135 Arkansas and Tennessee on May 11, SUPPLEMENTARY INFORMATION: and 141); 2021, for safety considerations when a • Submitting an Application for mechanical fracture was discovered Electronic Access and Filing Repair Station (FAA Form 8310–3) (14 within the elements of a steel box beam. This document and all comments CFR part 145); FHWA is providing notice that ARDOT • received may be viewed online through Submitting an Application for and TDOT are continuing the temporary the Federal eRulemaking portal at Aviation Maintenance School Certificate closure of the I–40 Bridge for an http://www.regulations.gov. The website and Ratings Application (FAA Form indefinite period of time. FHWA has is available 24 hours each day, 365 days 8310–6) (14 CFR part 147); approved a request by the Arkansas and • each year. An electronic copy of this Submitting a Letter of Intent (14 the Tennessee Divisions of the FHWA document may also be downloaded by CFR part 142); for an emergency deletion of a segment • accessing the Office of the Federal Submitting Element Design (ED) of I–40 between the I–55 Split (Exit Register’s website at data collection tools (DCTs); and, 279B) in West Memphis, Arkansas, and • www.federalregister.gov and the Sharing of other documentation as the I–240 Interchange (Exit 1E) in Government Publishing Office’s website needed. Memphis, Tennessee, from the National at www.govinfo.gov. Benefits to the certificate holder or Network in accordance with applicable applicant to use the external portal regulations due to the safety Background include: considerations discussed in this notice. • The ARDOT and TDOT closed the I– Ease of submission and expedited FHWA is requesting comments from the 40 Bridge over the Mississippi River processing and tracking of documents/ public on the alternate routes selected between Arkansas and Tennessee on requests; by TDOT and ARDOT due to the • May 11, 2021, for safety considerations. Documents/requests are sent closure. During a routine inspection of the I–40 directly to the FS employees, which Bridge by ARDOT, a mechanical eliminates wait time for the entry of DATES: Comments must be received on or before August 16, 2021. fracture was discovered within the information by the PI/CPM; and, elements of a steel box beam. Local law • Access to DCTs. ADDRESSES: To ensure that you do not enforcement agencies were immediately Respondents: Applicant duplicate your docket submissions, notified to shut down the bridge to all respondents—922, please submit them by only one of the traffic. FHWA is providing notice that Certificate Holder respondents—7892. following means: Frequency: On occasion. • ARDOT and TDOT are continuing the Federal eRulemaking Portal: Go to temporary closure of the I–40 Bridge for Estimated Average Burden per http://www.regulations.gov and follow Response: Applicant respondents—135 an indefinite period of time. the online instructions for submitting FHWA is responsible for enforcing the hours, comments. Certificate Holder respondents—90 • Federal regulations applicable to the Mail: U.S. Department of National Network of highways that can hours. Transportation, Docket Operations, 1200 Estimated Total Annual Burden: safely and efficiently accommodate the New Jersey Avenue SE, Room W12–140, large vehicles authorized by provisions Applicants $7,027,935, Washington, DC 20590–0001. Certificate Holders $40,104,456. • of the Surface Transportation Assistance Hand Delivery or Courier: U.S. Act of 1982, Public Law 97–424 as Issued in Minneapolis, MN, on June 10, Department of Transportation, Docket amended, designated in accordance 2021. Operations, West Building Ground with 23 CFR part 658 (Truck Size and Wendy I. Johnson, Floor, Room W12–140, 1200 New Jersey Weight, Route Designations—Length, Assistant Program Office Manager, System Avenue SE, Washington, DC, between Width and Weight Limitations) and Approach for Safety Oversight (SASO) 9:00 a.m. and 5:00 p.m. ET, except listed in Appendix A to Part 658. Under Program Office, AFS–910. Federal holidays. 23 CFR 658.11 (Additions, deletions, • [FR Doc. 2021–15131 Filed 7–15–21; 8:45 am] Fax: (202) 493–2251 exceptions, and restrictions), FHWA BILLING CODE 4910–13–P Instructions: You must include the may approve deletions of, or use agency name and docket number restrictions on, the Interstate system or [FHWA–2021–0007] at the beginning of other National Network route based DEPARTMENT OF TRANSPORTATION your comments. All comments received upon specified justification criteria in will be posted without change to http:// Federal Highway Administration 23 CFR 658.11(d)(2). FHWA is www.regulations.gov, including any authorized to delete any route from the [Docket No. FHWA–2021–0007] personal information provided. National Network on an emergency FOR FURTHER INFORMATION CONTACT: John basis based on safety considerations Emergency Temporary Closure of the Berg, Truck Size and Weight Team, pursuant to section 658.11(e), which Interstate 40 Hernando DeSoto Bridge Office of Operations, (202) 740–4602, also requires publishing this notice in Over the Mississippi River Between [email protected], or William Winne, the Federal Register for comment. Arkansas and Tennessee Office of the Chief Counsel, (202) 366– The closure of the I–40 Bridge has AGENCY: Federal Highway 0791, [email protected], Federal affected traffic throughout western Administration (FHWA), U.S. Highway Administration, 1200 New Tennessee, the Memphis metropolitan Department of Transportation (DOT). Jersey Avenue SE, Washington, DC area, and eastern Arkansas. The I–40 ACTION: Notice; request for comments. 20590; Vivien N. Hoang, FHWA Bridge and the I–55 Memphis-Arkansas Division Administrator, Arkansas Bridge (I–55 Bridge) are the only two SUMMARY: The Arkansas Department of Division, (501) 324–6436, Mississippi River crossings in the Transportation (ARDOT) and the [email protected], or Pamela Memphis area. The additional traffic on Tennessee Department of Kordenbrock, FHWA Division I–55 due to the I–40 Bridge closure has Transportation (TDOT) closed the I–40 Administrator, Tennessee Division, increased delays in crossing the river.

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Based on traffic volume data provided friction points, and signage restricting disruptions. The TDOT is working with by ARDOT and TDOT, the closed I–40 movements that impact operations. State departments of transportation in Bridge carried an Average Annual Daily The TDOT and ARDOT have Mississippi and Missouri along with the Traffic (AADT) count of over 40,000 coordinated plans with local trucking industry to identify possible vehicles, and trucks comprised 30 governments on both sides of the detour routes for long haul commercial percent of that volume. The I–55 Bridge Mississippi River. The TDOT and motor vehicle (CMV) drivers to allow had an AADT count of over 40,000 ARDOT met with local transportation them to divert to other Mississippi River vehicles, with 35 percent of the volume officials and police agencies crossings and avoid the I–55 Bridge. By immediately after the closure to prepare comprised of trucks. The TDOT’s 2018 partnering with a smart mobility CMV 1 for the anticipated overflow of traffic Statewide Multimodal Freight Plan fleet service, TDOT has arranged for identified the I–55 river crossing as one from the official detour route on the Interstates to the local network. Such detour information to be shared directly of the top freight bottlenecks, based on with CMV drivers through in-cab the route meeting the condition that the coordination is continuing with the City devices. segment had a level of service of F with of Memphis counterparts in traffic, a truck volume of greater than 5,000 operations, and emergency management Overweight permitted loads in excess trucks per day, and truck travel speeds to address any issues on diverted traffic, of 180,000 lbs. are being routed around averaging less than 45 mph. incidents, detours, and delay notices as the I–55 Bridge on alternate routes. Arkansas and Tennessee State changes are being made to improve Eastbound loads in excess of 12′6″ in transportation officials have travel in the area. Police agencies in the width are being rerouted as well. CMVs implemented official detours via the region are also assisting. of the dimensions and configurations Interstate network. Traffic on I–40 The TDOT SmartWay Traffic described in 23 CFR 658.13 and 658.15 eastbound from West Memphis, Management System provides access to which serve the affected area must use closed circuit television and dynamic Arkansas, into Memphis, Tennessee, is the following alternate routes: being rerouted to I–55 south to cross the message signs (DMS) on both sides of the Mississippi River to allow real-time For vehicles with a height of 13′7″ to I–55 Bridge. Motorists may then use I– ′ ″ 240 to connect to I–40 eastbound in monitoring of traffic and incidents. 15 9 : Eastbound I–55 travel must follow Tennessee. Traffic on I–40 westbound Daily updates are being posted on E. H. Crump Boulevard to Florida Street from Memphis, Tennessee, into West TDOT’s website for the I–40 closure. to South Parkway to I–240. Vehicles Memphis, Arkansas, is detoured to I– Traffic conditions on the I–55 Memphis- headed westbound must take I–240 Exit 240, where traffic may connect to I–55 Arkansas Bridge can also be heard on 28 to South Parkway to Florida Street to northbound to cross the Memphis- TDOT’s 511 system. The TDOT placed E. H. Crump Boulevard to I–55. portable message signs on I–40 west of Arkansas Bridge and merge back into I– For vehicles with a height of 15′10″ the Tennessee River and east of Jackson, 40 westbound. and up: Eastbound I–55 travel must Some ramps in the area are also Tennessee, advising of the bridge closure. Estimated travel time to E. H. follow E. H. Crump Boulevard to Florida closed. The TDOT closed the ramps Street to Kansas Street/New Horn Lake accessing I–40 westbound from State Crump Boulevard is displayed on the I– 40 DMS west of the I–40/I–55 Road to US–61. Vehicles headed Route 3 (SR 3)/Danny Thomas westbound must take SR–175 to US–61 Boulevard southbound and northbound, Interchange in West Memphis, Arkansas. Navigation service providers to New Horn Lake Road/Kansas Street to Riverside Drive, Front Street, Madison Florida Street to E. H. Crump Boulevard Avenue, and I–240 northbound. In were advised of the bridge closure so to I–55. addition, I–40 westbound is closed to that digital maps correctly reflect the traffic at the split with I–240 current situation. Note: Any load over 15′6″ will have The ARDOT is also providing closed southbound and the ramps to SR 3/ a survey that must be reviewed for circuit television, portable changeable Danny Thomas Boulevard southbound, accuracy. Vehicles servicing the message signs (CMS), and static DMS on Mound City Road and Martin Luther businesses bordering the impacted area the Arkansas side of the river. Portable King Jr. Drive. The ARDOT closed the are still able to do so by also using the CMS were placed along I–55, as far as ramps accessing I–40 eastbound from alternate routes described above and the Missouri State line and along I–40. Mound City Road and Martin Luther DMS were posted as far away as Fort local signage to circulate around the King Jr. Drive. In addition, I–40 Smith, Texarkana, and Little Rock to restricted area. eastbound is closed at the split with I– advise intrastate traffic of the bridge Authority: 23 U.S.C. 127 and 315; 49 55 southbound and there is a lane closure. The ARDOT public facing U.S.C. 31111, 31112, and 31114; 23 CFR closure in the area. The City of website, iDriveArkansas, has incident part 658. Memphis retimed the traffic signals to and advisory information concerning accommodate new traffic patterns and Issued in Washington, DC, on July 12, the closure. Live streaming video is 2021. distributed maps through media on how available to the public and the ARDOT to travel in and around downtown Traffic Management Center, which it Stephanie Pollack, Memphis. In addition, TDOT is actively monitors and provides Acting Administrator, Federal Highway addressing the capacity of the I–55 and assistance to first responders. Portable Administration. Crump Interchange by performing camera trailers and temporary cameras [FR Doc. 2021–15151 Filed 7–15–21; 8:45 am] signing and striping changes to improve were deployed nearby and, on the BILLING CODE 4910–22–P operations for both northbound and structure, to assist with bridge southbound traffic near the I–55 bridge. monitoring. Traffic signal timing was These improvements include ramp reviewed for Marion and West closures, enhanced striping to address Memphis. To assist in facilitating Interstate 1 Tennessee Statewide Multimodal Freight Plan is available at www.tn.gov/content/dam/tn/tdot/ commerce, ARDOT and TDOT are freight-and-logistics/TDOT_FreightPlan_ coordinating with local trucking AMENDED_04022019.pdf. associations to minimize freight traffic

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DEPARTMENT OF VETERANS soliciting comments on this collection Authority: 44 U.S.C. 3501–21. AFFAIRS of information was published at 86 FR Title: Certificate Showing Residence 9546 on May 6, 2021, page 24440. and Heirs of Deceased Veterans of [OMB Control No. 2900–0697] Affected Public: Individuals or Beneficiary VA Form 29–541. Agency Information Collection Activity Households. OMB Control Number: 2900–0469. Under OMB Review: Application for Estimated Annual Burden: 1,713 Type of Review: Revision of a Approval of a Licensing or hours. currently approved collection. Abstract: The form is used by the Certification Test and Organization or Estimated Average Burden per Department of Veterans Affairs (VA) to Entity Respondent: 3 hours. Frequency of Response: Annually. establish entitlement to Government AGENCY: Veterans Benefits Estimated Number of Respondents: Life Insurance proceeds in estate cases Administration, Department of Veterans 571. when formal administration of the estate Affairs. By direction of the Secretary. is not required. The information on the ACTION: Notice. Maribel Aponte, form is required by law, Title 38, U.S.C. VA PRA Clearance Officer, Office of 1817 and 1950. This form expired due SUMMARY: In compliance with the Enterprise and Integration, Data Governance to high volume of work and staffing Paperwork Reduction Act (PRA) of Analytics, Department of Veterans Affairs. changes. 1995, this notice announces that the [FR Doc. 2021–15169 Filed 7–15–21; 8:45 am] An agency may not conduct or Veterans Benefits Administration sponsor, and a person is not required to BILLING CODE 8320–01–P (VBA), Department of Veterans Affairs, respond to a collection of information will submit the collection of unless it displays a currently valid OMB information abstracted below to the DEPARTMENT OF VETERANS control number. The Federal Register Office of Management and Budget AFFAIRS Notice with a 60-day comment period (OMB) for review and comment. The soliciting comments on this collection PRA submission describes the nature of [OMB Control No. 2900–0469] of information was published at 86 FR the information collection and its 26604 on May 14, 2021, pages 26604 Agency Information Collection Activity expected cost and burden and it and 26605. Under OMB Review: Certificate includes the actual data collection Affected Public: Individuals or Showing Residence and Heirs of instrument. Households. Deceased Veterans or Beneficiary DATES: Written comments and Estimated Annual Burden: 1,039. recommendations for the proposed AGENCY: Veterans Benefits Estimated Average Burden per information collection should be sent Administration, Department of Veterans Respondent: 30 minutes. within 30 days of publication of this Affairs. Frequency of Response: On occasion. Estimated Number of Respondents: notice to www.reginfo.gov/public/do/ ACTION: Notice. 2,078. PRAMain. Find this particular information collection by selecting SUMMARY: In compliance with the By direction of the Secretary. ‘‘Currently under 30-day Review—Open Paperwork Reduction Act (PRA) of Maribel Aponte, for Public Comments’’ or by using the 1995, this notice announces that the VA PRA Clearance Officer, Office of search function. Refer to ‘‘OMB Control Veterans Benefits Administration, Enterprise and Integration, Data Governance No. 2900–0697. Department of Veterans Affairs, will Analytics, Department of Veterans Affairs. submit the collection of information FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–15130 Filed 7–15–21; 8:45 am] abstracted below to the Office of BILLING CODE 8320–01–P Maribel Aponte, Office of Enterprise Management and Budget (OMB) for and Integration, Data Governance review and comment. The PRA Analytics (008), 1717 H Street NW, submission describes the nature of the Washington, DC 20006, (202) 266–4688 DEPARTMENT OF VETERANS information collection and its expected AFFAIRS or email [email protected]. Please cost and burden and it includes the refer to ‘‘OMB Control No. 2900–0697’’ actual data collection instrument. Notice of Availability of the Draft in any correspondence. DATES: Written comments and Programmatic Environmental Impact SUPPLEMENTARY INFORMATION: recommendations for the proposed Statement of the Department of Authority: 38 U.S.C. 3689. information collection should be sent Veterans Affairs Housing Loan Title: Application for Approval of a within 30 days of publication of this Program Licensing or Certification Test and notice to www.reginfo.gov/public/do/ Organization or Entity. AGENCY: Department of Veterans Affairs PRAMain. Find this particular OMB Control Number: 2900–0697. (VA). information collection by selecting Type of Review: Revision of a ACTION: Notice of availability. currently approved collection. ‘‘Currently under 30-day Review—Open Abstract: SAAs and VA will use the for Public Comments’’ or by using the SUMMARY: VA announces the availability information to decide whether the search function. Refer to ‘‘OMB Control of the Draft Programmatic licensing and certification tests, and the No. 2900–0469. Environmental Impact Statement (PEIS) organizations offering them, should be FOR FURTHER INFORMATION CONTACT: for the Housing Loan Program (HLP) for approved for use under the education Maribel Aponte, Office of Enterprise public review and comment. The Draft programs VA administers. and Integration, Data Governance PEIS identifies, analyzes and documents An agency may not conduct or Analytics (008), 1717 H Street NW, the potential physical, environmental, sponsor, and a person is not required to Washington, DC 20006, (202) 266–4688 cultural, socioeconomic and cumulative respond to a collection of information or email [email protected]. Please impacts of continued administration unless it displays a currently valid OMB refer to ‘‘OMB Control No. 2900–0469’’ and operation of VA’s HLP. The control number. The Federal Register in any correspondence. comprehensive HLP, which is managed Notice with a 60-day comment period SUPPLEMENTARY INFORMATION: by VA’s Veterans Benefits

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Administration (VBA), administers VA- The most significant element of the services; land use and planning; noise; guaranteed housing loan benefits and HLP is the provision of housing benefits and socioeconomics and environmental other housing-related benefits that assist that assist eligible Veterans in financing justice. The PEIS also identifies and eligible Veterans, surviving spouses, the purchase, construction, repair, or analyzes potential cumulative impacts, active duty personnel, Selected improvement of a home for their which are the potential incremental Reservists and National Guardsmen personal occupancy. See 38 U.S.C. 3701 impacts on the environment resulting (collectively referred to as Veterans) in et seq. VBA provides Federal assistance from continued administration and purchasing, constructing, repairing, in the form of loans made, insured, or operation of the HLP in combination adapting, or improving a home. guaranteed by VA. VBA is also with other past, present and reasonably DATES: VA invites Federal, state, tribal responsible for the management, foreseeable future actions from other and local entities; non-profit marketing and disposition of real estate relevant Federal and non-Federal organizations; businesses; interested owned properties that VA acquires programs. parties; and the general public to submit following the foreclosure of certain VA- The PEIS is atypical in that it written comments on the Draft PEIS guaranteed loans and loans held in VA’s addresses an existing program, and VA during the 45-day public comment portfolio. Under HLP, VA also provides has no specific or immediate need to period that ends August 30, 2021. direct loans to Native American change its operational structure or Veterans to purchase homes on trust, ADDRESSES: Written comments may be procedures to address environmental tribal, or communally-owned lands, and submitted through http:// impacts. Furthermore, the making of HLP extends grants for home www.regulations.gov. The Draft PEIS is loan guaranties, direct loans and grants adaptations to Veterans with service- available for viewing at the VA website do not typically result in direct connected disabilities through the https://www.benefits.va.gov/homeloans/ environmental impacts. Environmental Specially Adapted Housing program. environmental_impact.asp. Due to the impacts, if they occur, would be the HLP provides what can be, for some COVID–19 pandemic, virtual public result of private citizen actions (e.g., Veterans, their sole opportunity to presentations will be available in lieu of construction of a house funded by VA- obtain crucial housing loans and grants. guaranteed loan financing) related to a public hearings, and the presentations Through the PEIS, VA is using the will be continually accessible through specific property. In this case, the NEPA process to evaluate the potential primary environmental impacts of the project website. Printed copies of physical, environmental, cultural, the document may be obtained by concern for VA would be the potential socioeconomic and cumulative effects of indirect impacts from homeowner contacting VA at HLP; to invite public comments; and to [email protected]. actions and the potentially significant assist with and inform future agency cumulative impacts of small FOR FURTHER INFORMATION CONTACT: planning and decision- making related incremental actions on local and Elysium Drumm, Supervisory to HLP. The PEIS evaluates HLP, which regional resources. Management Analyst, Loan Guaranty assists hundreds of thousands of Service, Veterans Benefits Veterans each year across the United Signing Authority Administration, Department of Veterans States and its territories, to ensure VA Denis McDonough, Secretary of Affairs, 810 Vermont Avenue NW, appropriately considers the human Veterans Affairs, approved this Washington, DC 20420, 202–632–8862 environmental elements and effects document on March 29, 2021, and (This is not a toll-free number.) or specified in 40 CFR 1508.8 (including authorized the undersigned to sign and [email protected]. ecological, aesthetic, historic, cultural, submit the document to the Office of the SUPPLEMENTARY INFORMATION: The Draft economic, social, or health, whether Federal Register for publication PEIS was developed pursuant to the direct, indirect, or cumulative) in electronically as an official document of National Environmental Policy Act carrying out the various elements and the Department of Veterans Affairs. (NEPA) of 1969, as amended (42 U.S.C. aspects of the program. Environmental 4321, et seq.), the Council on topics that have been addressed in the Luvenia Potts, Environmental Quality’s regulations for Draft PEIS include the following: Regulation Development Coordinator, Office implementing the procedural provisions Aesthetics; air quality; biological of Regulation Policy & Management, Office of NEPA (40 CFR 1500–1508) and VA’s resources; cultural resources; of the Secretary, Department of Veterans NEPA regulations titled ‘‘Environmental floodplains, wetlands and coastal zones; Affairs. Effects of the Department of Veterans geology and soils; hydrology and water [FR Doc. 2021–15014 Filed 7–15–21; 8:45 am] Affairs Actions’’ (38 CFR 26). quality; infrastructure and community BILLING CODE 8320–01–P

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Vol. 86 Friday, No. 134 July 16, 2021

Part II

Department of Commerce

National Oceanic and Atmospheric Administration 50 CFR Part 218 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Navy Training and Testing Activities in the Point Mugu Sea Range Study Area; Proposed Rule

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DEPARTMENT OF COMMERCE submitted voluntarily by the sender will exceptions. Sections 101(a)(5)(A) and be publicly accessible. NMFS will (D) of the MMPA direct the Secretary of National Oceanic and Atmospheric accept anonymous comments (enter Commerce (as delegated to NMFS) to Administration ‘‘N/A’’ in the required fields if you wish allow, upon request, the incidental, but to remain anonymous). Attachments to not intentional, taking of small numbers 50 CFR Part 218 electronic comments will be accepted in of marine mammals by U.S. citizens [Docket No. 210701–0141] Microsoft Word, Excel, or Adobe PDF who engage in a specified activity (other file formats only. than commercial fishing) within a RIN 0648–BK07 FOR FURTHER INFORMATION CONTACT: specified geographical region if certain findings are made and either regulations Taking and Importing Marine Stephanie Egger, Office of Protected Resources, NMFS, (301) 427–8401. are issued or, if the taking is limited to Mammals; Taking Marine Mammals harassment, a notice of a proposed Incidental to the U.S. Navy Training Electronic copies of the application and supporting documents, as well as a list authorization is provided to the public and Testing Activities in the Point for review and the opportunity to Mugu Sea Range Study Area of the references cited in this document, may be obtained online at: https:// submit comments. AGENCY: National Marine Fisheries www.fisheries.noaa.gov/permit/ An authorization for incidental Service (NMFS), National Oceanic and incidental-take-authorizations-under- takings shall be granted if NMFS finds Atmospheric Administration (NOAA), marine-mammal-protection-act. In case that the taking will have a negligible impact on the species or stocks and will Commerce. of problems accessing these documents, not have an unmitigable adverse impact ACTION: Proposed rule; request for or for anyone who is unable to comment on the availability of the species or comments and information. via electronic submission, please call stocks for taking for subsistence uses the contact listed above. SUMMARY: NMFS has received a request (where relevant). Further, NMFS must SUPPLEMENTARY INFORMATION: from the U.S. Navy (Navy) to take prescribe the permissible methods of marine mammals incidental to training Purpose of Regulatory Action taking and other means of effecting the and testing activities conducted in the least practicable adverse impact on the These proposed regulations, issued Point Mugu Sea Range (PMSR) Study affected species or stocks and their under the authority of the MMPA (16 Area. Pursuant to the Marine Mammal habitat, paying particular attention to U.S.C. 1361 et seq.), would provide the Protection Act (MMPA), NMFS is rookeries, mating grounds, and areas of framework for authorizing the take of requesting comments on its proposal to similar significance, and on the marine mammals incidental to the issue regulations and subsequent Letter availability of such species or stocks for Navy’s training and testing activities of Authorization (LOA) to the Navy to taking for certain subsistence uses (which qualify as military readiness incidentally take marine mammals (referred to in this rule as ‘‘mitigation activities) from the use of at-surface and during the specified activities. NMFS measures’’). NMFS also must prescribe near-surface explosive detonations will consider public comments prior to the requirements pertaining to the throughout the PMSR Study Area, as issuing any final rule and making final monitoring and reporting of such well as launch events from San Nicolas decisions on the issuance of the takings. The MMPA defines ‘‘take’’ to Island (SNI). The Study Area includes requested LOA. Agency responses to mean to harass, hunt, capture, or kill, or 36,000 square miles and is located public comments will be summarized in attempt to harass, hunt, capture, or kill adjacent to Los Angeles, Ventura, Santa the notice of the final decision in the any marine mammal. The Preliminary Barbara, and San Luis Obispo Counties final rule. The Navy’s activities qualify Analysis and Negligible Impact along the Pacific Coast of Southern as military readiness activities pursuant Determination section below discusses California (see Figure 1.1 of the to the MMPA, as amended by the the definition of ‘‘negligible impact.’’ application). The two primary National Defense Authorization Act for The NDAA for Fiscal Year 2004 (2004 components of the PMSR are the Special Fiscal Year 2004 (2004 NDAA). NDAA) (Pub. L. 108–136) amended Use Airspace (SUA) and the ocean section 101(a)(5) of the MMPA to DATES: Comments and information must Operating Areas (PMSR-controlled sea remove the ‘‘small numbers’’ and be received no later than August 30, space). The PMSR-controlled sea space ‘‘specified geographical region’’ 2021. parallels the California coast for provisions indicated above and ADDRESSES: Submit all electronic public approximately 225 nautical miles (nmi) amended the definition of ‘‘harassment’’ comments via the Federal e-Rulemaking and extends approximately 180 nmi as applied to a ‘‘military readiness Portal. Go to https:// seaward (see Figure 1–1 of the activity.’’ The definition of harassment www.regulations.gov and enter NOAA– application). for military readiness activities (section NMFS–2021–0064 in the Search box. NMFS received an application from 3(18)(B) of the MMPA) is: (i) Any act Click on the ‘‘Comment’’ icon, complete the Navy requesting seven-year that injures or has the significant the required fields, and enter or attach regulations and an authorization to potential to injure a marine mammal or your comments. incidentally take individuals of multiple marine mammal stock in the wild (Level Instructions: Comments sent by any species of marine mammals (‘‘Navy’s A Harassment); or (ii) Any act that other method, to any other address or rulemaking/LOA application’’ or disturbs or is likely to disturb a marine individual, or received after the end of ‘‘Navy’s application’’). Take is mammal or marine mammal stock in the the comment period, may not be anticipated to occur by Level A and wild by causing disruption of natural considered by NMFS. All comments Level B harassment incidental to the behavioral patterns, including, but not received are a part of the public record Navy’s training and testing activities, limited to, migration, surfacing, nursing, and will generally be posted for public with no serious injury or mortality breeding, feeding, or sheltering, to a viewing on www.regulations.gov expected or proposed for authorization. point where such behavioral patterns without change. All personal identifying are abandoned or significantly altered information (e.g., name, address), Background (Level B harassment). In addition, the confidential business information, or The MMPA prohibits the take of 2004 NDAA amended the MMPA as it otherwise sensitive information marine mammals, with certain relates to military readiness activities

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such that the least practicable adverse designated operating areas (OPAREA) activities deemed necessary to impact analysis shall include and testing and training ranges. The accomplish military readiness consideration of personnel safety, Navy must be able to access and utilize requirements. The types and numbers of practicality of implementation, and these areas and associated sea space and activities included in the rule account impact on the effectiveness of the air space in order to develop and for fluctuations in training and testing military readiness activity. maintain skills for conducting naval in order to meet evolving or emergent More recently, section 316 of the operations. The Navy’s testing activities military readiness requirements. These NDAA for Fiscal Year 2019 (2019 ensure naval forces are equipped with proposed regulations would cover NDAA) (Pub. L. 115–232), signed on well-maintained systems that take training and testing activities that would August 13, 2018, amended the MMPA to advantage of the latest technological occur for a seven-year period beginning allow incidental take rules for military advances. The Navy’s research and October 2021. readiness activities under section acquisition community conducts Description of the Specified Activity 101(a)(5)(A) to be issued for up to seven military readiness activities that involve years. Prior to this amendment, all testing. The Navy tests ships, aircraft, The Navy requests authorization to incidental take rules under section weapons, combat systems, sensors, and take marine mammals incidental to 101(a)(5)(A) were limited to five years. related equipment, and conducts conducting training and testing activities. The Navy has determined that Summary and Background of Request scientific research activities to achieve and maintain military readiness. explosive stressors and missile launch On March 9, 2020, NMFS received an The Navy has been conducting testing activities are most likely to result in application from the Navy for and training activities in the PMSR impacts on marine mammals that could authorization to take marine mammals Study Area since the PMSR was rise to the level of harassment, and by Level A and Level B harassment established in 1946. The tempo and NMFS concurs with this determination. incidental to training and testing types of training and testing activities Descriptions of these activities are activities (categorized as military fluctuate because of the introduction of provided in section 2 of the 2020 PMSR readiness activities) from (1) the use of new technologies, the evolving nature of Draft EIS/OEIS (DEIS/OEIS) (U.S. at-surface or near-surface explosive international events, advances in Department of the Navy, 2020) and in detonations in the PMSR Study Area, as warfighting doctrine and procedures, the Navy’s rulemaking/LOA application well as (2) launch events from SNI, over and changes in force structure (e.g., (https://www.fisheries.noaa.gov/ a seven-year period beginning October organization of ships, submarines, national/marine-mammal-protection/ 2021 through October 2028. We aircraft, weapons, and personnel). Such incidental-take-authorizations-military- received a revised application on developments influence the frequency, readiness-activities), and are August 28, 2020, which provided minor duration, intensity, and location of summarized here. revisions to the mitigation and required training and testing activities. Dates and Duration monitoring sections, and upon which The proposed activities include current the Navy’s rulemaking/LOA application activities, previously analyzed in the The specified activities would occur was found to be adequate and complete. 2002 PMSR Environment Impact at any time during the seven-year period On September 4, 2020, we published a Statement/Overseas Environmental of validity of the regulations, with the notice of receipt (NOR) of application in Impact Statement (EIS/OEIS), and exception of the activity types and time the Federal Register (85 FR 55257), increases in the testing and training periods for which limitations have requesting comments and information activities as described in the 2020 PMSR explicitly been identified (to the related to the Navy’s request for 30 days. DEIS/OEIS. NMFS promulgated MMPA maximum extent practicable; see We reviewed and considered all incidental take regulations relating to Proposed Mitigation Measures section). comments and information received on missile launches from SNI from June 3, The proposed amount of training and the NOR in development of this 2014, through June 3, 2019 (79 FR testing activities are described in the proposed rule. 32678; June 6, 2014). Since then, the Detailed Description of the Specified The following types of training and Navy has been operating under IHAs (84 Activities section (Table 3). testing, which are classified as military FR 28462, June 19, 2019; 85 FR 38863, Geographical Region readiness activities pursuant to the June 29, 2020) for those similar MMPA, as amended by the 2004 NDAA, activities on SNI. For this rulemaking, The PMSR Study Area is located will be covered under the regulations the Navy is requesting authorization for adjacent to Los Angeles, Ventura, Santa and LOA: Air warfare (air-to-air, marine mammal take incidental to Barbara, and San Luis Obispo Counties surface-to-air), electronic warfare activities on SNI similar to those they along the Pacific Coast of Southern (directed energy—lasers and high- have conducted under these and California and includes a 36,000-square- powered microwave systems), and previous authorizations, as well as the mile sea range (Figure 1). It is a surface warfare (surface-to-surface, air- use of at-surface and near-surface designated Major Range Test Facility to-surface, and subsurface-to surface). explosive detonations throughout the Base and is considered a national asset The proposed activities will not include PMSR Study Area. The proposed testing that exists primarily to provide test and any sonar, pile driving/removal, or use and training activities are deemed evaluation information for DoD decision of air guns. necessary to accomplish Naval Air makers and to support the needs of The Navy’s mission is to organize, System Command’s mission of weapon system development programs train, equip, and maintain combat-ready providing for the safe and secure and DoD research needs. The two naval forces capable of winning wars, collection of decision-quality data; and primary components of the PMSR Study deterring aggression, and maintaining developing, operating, managing and Area are Special Use Airspace (SUA) freedom of the seas. This mission is sustaining the interoperability of the and the ocean Operating Areas. mandated by Federal law (10 U.S.C. Major Range Test Facility Base at the Additionally, the Navy is proposing 8062), which requires the readiness of PMSR into the foreseeable future. launch activities on San Nicolas Island the naval forces of the United States. The Navy’s rulemaking/LOA (SNI), California, for testing and training The Navy executes this responsibility by application reflects the most up-to-date activities associated with operations training and testing at sea, often in compilation of training and testing within the PMSR Study Area. SNI is one

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of the Channel Islands in the PMSR D Warning Areas—A Warning Area Ocean Operating Areas Study Area. is airspace of defined dimensions, The PMSR-controlled sea space extending from 3 nmi outward from the Special Use Airspace (Ocean Operating Areas) parallels the coast that contains activity that may be California coast for approximately 225 The SUA is airspace designated hazardous to non-participating aircraft. nmi and extends approximately 180 nmi wherein activities must be confined Warning areas are established to contain seaward, aligning with the PMSR because of their nature, or wherein a variety of hazardous aircraft and non- Warning Area airspace (Figure 1). The limitations are imposed upon aircraft aircraft activities, such as aerial controlled sea space areas consist of the operations that are not a part of those gunnery, air and surface missile firings, following: activities, or both. SUA consists of both bombing, aircraft carrier operations, D Surface Danger Zones—A danger controlled and uncontrolled airspace surface and subsurface operations, and zone is a defined water area used for and has defined dimensions. Flight and naval gunfire. The 11 Warning Areas target practice, bombing, rocket firing, other activities for non-participating within the PMSR include W–532N, or other especially hazardous military aircraft are restricted or prohibited for W–532E, W–532S; W–537; W–289N, W– activities. safety or security reasons. The majority 289 S, W–289W, W–289E; W–292W, W– D Restricted Area—A restricted area of SUA is established for military flight 292E; and W–412 (see Figure 1). is a defined water area for the purpose of prohibiting or limiting public access activities and, with the exception of D Restricted Areas—restricted areas to the area. prohibited areas, may be used for are a type of SUA within which the Additional detail can be found in commercial or general aviation when flight of aircraft, while not wholly Chapter 2 of the Navy’s rulemaking/ not reserved for military activities. Two prohibited, is subject to restriction. LOA application. area components of the PMSR SUA: BILLING CODE 3510–22–P

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Figure 1--Map of the PMSR Study Area

BILLING CODE 3510–22–C Primary Mission Areas to-surface, and subsurface-to-surface). A description of the munitions, targets, Overview of Training and Testing The Navy categorizes its at-sea Within the PMSR Study Area systems, and other material used during activities into functional warfare areas training and testing activities within The Navy describes and analyzes the called primary mission areas. Each these primary mission areas is provided warfare community may train in some effects of its activities within the 2020 in Appendix A (Training and Testing or all of these primary mission areas. PMSR DEIS/OEIS. In its assessment, the Activities Descriptions) of the 2020 The Navy also categorizes most, but not PMSR DEIS/OEIS and summarized here. Navy concluded that at-surface and all, of its testing activities under these near-surface explosive detonations were primary mission areas. Activities Air warfare—The mission of air the stressors that would result in addressed for the PMSR Study Area are warfare is to destroy or reduce enemy impacts on marine mammals that could categorized under three primary mission air and missile threats (including rise to the level of harassment as areas. Within those three primary unmanned airborne threats) and serves defined under the MMPA. Therefore, mission areas, there are more specific two purposes: To protect U.S. forces the Navy’s rulemaking/LOA application categories or activity scenarios that from attacks from the air and to gain air provides the Navy’s assessment of reflect testing and training activities, as superiority. Air warfare provides U.S. potential effects from these stressors in listed below: Air warfare (air-to-air, forces with adequate attack warnings, terms of various warfare mission areas surface-to-air); Electronic warfare while denying hostile forces the ability in which they will be conducted. (directed energy—lasers and high- to gather intelligence about U.S. forces. powered microwave systems); and Aircraft conduct air warfare through Surface warfare (surface-to-surface, air- radar search, detection, identification,

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and engagement of airborne threats. Descriptions) of the 2020 PMSR DEIS/ the majority of the testing within the Surface ships conduct air warfare OEIS for a description of these devices) PMSR Study Area. NAVSEA’s five through an array of modern anti-aircraft to defeat tracking and communications affiliated Program Executive Offices weapon systems such as aircraft- systems. (PEOs) oversee over a dozen Program detecting radar, naval guns linked to Surface Warfare—The mission of Manager, Sea offices that sponsor testing radar-directed fire-control systems, surface warfare is to obtain control of activities within the PMSR Study Area. surface-to-air missile systems, and sea space from which naval forces may NAVAIR’s four affiliated PEOs, along radar-controlled guns for close-in point operate, and entails offensive action with NAVAIR Headquarters-managed defense. against other surface, subsurface, and air programs, oversee approximately 20 Testing of air warfare systems is targets while also defending against Program Managers and Air offices that required to ensure the equipment is enemy forces. In surface warfare, aircraft also sponsor testing activities at PMSR. fully functional under the conditions in use guns, air-launched cruise missiles, Target and Missile Launches on SNI— which it will be used. Tests may be or other precision-guided munitions; The Navy plans to continue a target and conducted on radar and other early- ships employ naval guns, and surface- missile launch program from two warning detection and tracking systems, to-surface missiles; and submarines launch sites on SNI for testing and new guns or gun rounds, and missiles. attack surface ships using submarine- training activities associated with Testing of these systems may be launched, anti-ship cruise missiles. operations within the PMSR Study conducted on new ships and aircraft, Surface warfare training includes Area. Missiles vary from tactical and and on existing ships and aircraft surface-to-surface gunnery and missile developmental weapons to target following maintenance, repair, or exercises, air-to-surface gunnery and missiles used to test defensive strategies modification. For some systems, tests missile exercises, and submarine missile and other weapons systems. Some are conducted periodically to assess launch activities, and other munitions launch events involve a single missile or operability. Additionally, tests may be against surface targets. Testing of target, while others involve the launch conducted in support of scientific weapons used in surface warfare is of multiple missiles or targets in quick research to assess new and emerging conducted to develop new technologies succession. The missiles or targets are technologies. Air-to-air scenarios and to assess weapon performance and launched from one of several fixed involve the employment of an airborne operability with new systems, such as locations on the western end of SNI. weapon system against airborne targets. unmanned systems. Tests include Missiles or targets launched from SNI Missiles are fired from a fighter aircraft various air-to-surface guns and missiles, fly generally west, southwest, and for both testing and training events. surface-to-surface guns and missiles, northwest through the PMSR Study Surface-to-air scenarios evaluate the and bombing tests. Testing activities Area. The primary launch locations are overall weapon system performance, may be integrated into training activities the Alpha Launch Complex, located 190 warhead effectiveness, and software/ to test aircraft or aircraft systems in the meters (m) above sea level on the west- hardware modifications or upgrades of delivery of munitions on a surface central part of SNI and the Building 807 ground-based and ship-based weapons target. In most cases the tested systems Launch Complex, which accommodates systems. Missiles are fired from a ship are used in the same manner in which several fixed and mobile launchers, at or a land-based launcher against a they are used for Fleet training the western end of SNI at approximately variety of supersonic and subsonic activities. Air-to-surface tests evaluate 11 m above sea level. The Point Mugu airborne targets. the integration of a missile or other airfield on the mainland, the airfield on Electronic Warfare—The mission of weapons system into Department of SNI, and the target sites in the PMSR electronic warfare is to degrade the Defense aircraft, or the performance of will be a routine part of launch enemy’s ability to use electronic the missile/system itself. Missiles are operations. systems, such as communication fired from an aircraft against a variety of Description of Stressors systems and radar, and to confuse or mobile seaborne targets and fixed aim deny them the ability to defend their points. The Navy uses a variety of platforms, forces and assets. Electronic warfare is Summary Testing—Research, weapons, and other devices, including also used to detect enemy threats and Development, Acquisition, Testing, and ones used to ensure the safety of Sailors counter their attempts to degrade the Evaluation of new technologies by the and Marines, to meet its mission. electronic capabilities of the Navy. U.S. Department of Defense occurs Training and testing with these systems Typical electronic warfare activities continually to ensure that the U.S. may introduce acoustic (sound) energy include threat avoidance training, military can counter new and or shock waves from explosives into the signals analysis for intelligence anticipated threats. All new Navy environment. The following subsections purposes, and use of airborne and systems and related equipment must be describe explosives detonated at or near surface electronic jamming devices (that tested to ensure proper functioning the surface of the water and launch block or interfere with other devices) to before delivery to the Fleets for use. The noise associated with missiles launched defeat tracking, navigation, and PMSR Study Area is the Navy’s primary from SNI for marine mammals and their communications systems. Testing of ocean testing area for guided missiles habitat (including prey species) within electronic warfare systems is conducted and related ordnance. Test operations the PMSR Study Area. Because of the to improve the capabilities of systems on the PMSR Study Area are conducted complexity of analyzing sound and ensure compatibility with new under highly controlled conditions, propagation in the ocean environment, systems. Testing involves the use of allowing for the collection of empirical the Navy relied on acoustic models in aircraft, surface ships, and submarine data to evaluate the performance of a its environmental analyses and crews to evaluate the effectiveness of weapon system or subsystem. Testing rulemaking/LOA application that electronic systems. Similar to training conducted in the PMSR Study Area is considered sound source characteristics activities, typical electronic warfare important for maintaining readiness. and varying ocean conditions across the testing activities include the use of Two of the U.S. Navy’s Systems PMSR Study Area. Stressor/resource airborne and surface electronic jamming Commands, Naval Sea Systems interactions that were determined to devices (including testing chaff and Command (NAVSEA) and Naval Air have de minimis or no impacts (i.e., flares; see Appendix A (PMSR Scenario Systems Command (NAVAIR), sponsor vessel, aircraft, or weapons noise) were

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not carried forward for analysis in the To more completely analyze the refracted, or scattered; the potential for Navy’s rulemaking/LOA application. results predicted by the Navy’s acoustic reverberation; and interference due to NMFS reviewed the Navy’s analysis and effects model from detonations multi-path propagation. In addition, conclusions on de minimis sources and occurring in-air above the ocean surface, absorption greatly affects the distance finds them complete and supportable. it is necessary to consider the transfer of over which higher-frequency Acoustic stressors include incidental energy across the air-water interface. components of explosive broadband sources of broadband sound produced Detonation of an explosive in air noise can propagate. Because of the as a byproduct of vessel movement and creates a supersonic high pressure shock complexity of analyzing sound use of weapons or other deployed wave that expands outward from the propagation in the ocean environment, objects. Explosives also produce point of detonation (Kinney & Graham, the Navy relies on acoustic models in its 1985; Swisdak, 1975). The near- broadband sound but are characterized environmental analyses that consider instantaneous rise from ambient separately from other acoustic sources sound source characteristics and pressure to an extremely high peak due to their unique hazardous varying ocean conditions across the characteristics. There are no sonar pressure is what makes the explosive shock wave potentially injurious to an PMSR Study Area (U.S. Department of activities proposed in the PMSR Study the Navy, 2019a). Area. Characteristics of explosives are animal experiencing the rapid pressure described below. change (U.S. Department of the Navy, Missiles, rockets, bombs, and medium In order to better organize and 2017e). Farther from an explosive, the and large-caliber projectiles may be facilitate the analysis of various peak pressures decay and the explosive explosive or nonexplosive, depending explosives used for training and testing waves propagate as an impulsive, on the objective of the testing or training by the Navy, including sonar and other broadband sound. As the shock wave- activity in which they are used. The transducers and explosives, a series of front travels away from the point of proposed activities do not include source classifications, or source bins, detonation, it slows and begins to explosive munitions used underwater. was developed by the Navy. The source behave as an acoustic wave-front Missiles, bombs, and projectiles that classification bins do not include the travelling at the speed of sound. detonate at or near (within 10 m of) the broadband sounds produced incidental Whereas a shock wave from a water’s surface are considered for the to vessel or aircraft transits, weapons detonation in-air has an abrupt peak potential impact they may have on firing, and bow shocks. pressure, that same pressure disturbance marine mammals. All explosives used when transmitted through the water The use of source classification bins during testing and training activities surface results in an underwater provides the following benefits: within the PMSR Study Area would pressure wave that begins and ends D Provides the ability for new detonate at or near the surface or in-air. more gradually compared with the in-air sensors or munitions to be covered shock wave, and diminishes with Several parameters influence the under existing authorizations, as long as increasing depth and distance from the acoustic effect of an explosive: The those sources fall within the parameters source (Bolghasi et al., 2017; Chapman weight of the explosive warhead, the of a bin; and Godin, 2004; Cheng and Edwards, type of explosive material, the D Improves efficiency of source 2003; Moody, 2006; Richardson et al., boundaries and characteristics of the utilization data collection and reporting 1995; Sawyers, 1968; Sohn et al., 2000; propagation medium(s); and the requirements anticipated under the Swisdak, 1975; Waters and Glass, 1970; detonation depth underwater and the MMPA authorizations; Woods et al., 2015). The propagation of depth of the receiver (i.e., marine D Ensures a conservative approach to the shock wave in air and then mammal). The net explosive weight all impact estimates, as all sources transitioning underwater, is very (NEW), which is the explosive power of within a given class are modeled as the different from a detonation occurring a charge expressed as the equivalent most impactful source (having the deep underwater where there is little weight of trinitrotoluene (TNT), largest net explosive weight) within that interaction with the surface. In the case accounts for the first two parameters. bin; of an underwater detonation occurring D Allows analyses to be conducted in just below the surface, a portion of the Land-Based Launch Noise on San a more efficient manner, without any energy from the detonation would be Nicolas Island compromise of analytical results; and released into the air (referred to as Noise from target and missile D Provides a framework to support surface blow off), and at greater depths launches on SNI can also occur. These the reallocation of source usage (number a pulsating, air-filled cavitation bubble of explosives) between different source ongoing activities affecting pinnipeds would form, collapse, and reform hauled out in the vicinity of launch sites bins, as long as the total numbers of around the detonation point (Urick, have been analyzed previously (NMFS takes remain within the overall 1983). The Navy’s acoustic effects 2014, 2019, 2020) and are summarized analyzed and authorized limits. This model for analyzing underwater impacts below as part of the Navy’s rulemaking/ flexibility is required to support on marine species does not account for evolving Navy training and testing the loss of energy due to surface blow- LOA application. As part of previous requirements, which are linked to real off or cavitation at depth. Both of these authorizations, the Navy could conduct world events. phenomena would diminish the up to 40 launch events annually from SNI, but the total may be less than 40 Explosives magnitude of the acoustic energy received by an animal under real-world depending on operational requirements. This section describes the conditions (U.S. Department of the Launch timing will be determined by characteristics of explosions during Navy, 2018c). operational, meteorological, and naval training and testing. The activities Propagation of explosive pressure logistical factors. Up to 10 of the 40 analyzed in the Navy’s rulemaking/LOA waves in water is highly dependent on launches may occur at night, but this is application that use explosives are environmental characteristics such as also dependent on operational described in Appendix A (PMSR bathymetry, bottom type, water depth, requirements, and night-time launches Scenario Descriptions) of the 2020 temperature, and salinity, which affect are only conducted when required by PMSR DEIS/OEIS. how the pressure waves are reflected, test objectives.

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Vessel Strike vessels and may last from a few hours when vessels would be dead in the Vessel strikes have the potential to to two weeks. Vessel movement as part water, or moving slowly ahead to result in incidental take from serious of the proposed activities would be maintain steerage. There are a few injury and/or mortality. Vessel strikes widely dispersed throughout the PMSR specific testing and training events that are not specific to any particular Study Area. Vessels used include ships include high-speed requirements for training or testing activity, but rather are (e.g., aircraft carriers, surface certain systems for which vessels would a limited, sporadic, and incidental combatants), support craft, and operate at higher speeds. result of Navy vessel movement within submarines. Vessel size ranges from 15 Refer to Chapter 3, Affected a study area. Vessel strikes from ft to over 1,000 ft, and vessels transit at Environment and Environmental commercial, recreational, and military speeds that are optimal for fuel Consequences of the 2020 PMSR DEIS/ vessels are known to seriously injure conservation or to meet operational OEIS for additional details on vessel use and occasionally kill cetaceans requirements. In comparison, and movement in the PMSR Study Area. (Abramson et al., 2011; Berman- commercial ship size can range from Detailed Description of the Specified Kowalewski et al., 2010; Calambokidis, very large oil tankers that are over 1,000 Activities 2012; Douglas et al., 2008; Laggner, ft in length to the smaller general cargo 2009; Lammers et al., 2003; Van der ships with lengths that can be under 300 Proposed Training and Testing Hoop et al., 2012; Van der Hoop et al., ft. Large Navy ships (greater than 18 m Activities 2013), although reviews of the literature in length) generally operate at average on ship strikes mainly involve collisions speeds of 10–15 knots, and submarines Training and testing activities would between commercial vessels and whales generally operate at speeds in the range be conducted at sea, in designated (Jensen and Silber, 2003; Laist et al., of 8–13 knots. Small Navy craft (for airspace, and on SNI, within the PMSR 2001). Vessel speed, size, and mass are purposes of this discussion, less than 18 Study Area. all important factors in determining m in length), which are all support craft, The proposed training and testing both the potential likelihood and have much more variable speeds (0–50+ activities are deemed necessary to impacts of a vessel strike to marine knots, dependent on the mission). While accomplish Naval Air Systems mammals (Conn and Silber, 2013; these speeds are averages that are Command’s mission of providing for the Gende et al., 2011; Silber et al., 2010; representative of most events, some safe and secure collection of decision- Vanderlaan and Taggart, 2007; Wiley et vessels need to operate outside of these quality data; and developing, operating, al., 2016). For large vessels, speed and parameters. For example, to produce the managing and sustaining the angle of approach can influence the required relative wind speed over the interoperability of the Major Range Test severity of a strike. flight deck, an aircraft carrier engaged in Facility Base at the PMSR into the The number of Navy vessels in the flight operations must adjust its speed foreseeable future. Collectively, the PMSR Study Area at any given time through the water accordingly. Also, proposed training and testing activities varies and is dependent on scheduled there are other instances, such as launch support current and projected military testing and training requirements. Most and recovery of a small rigid-hull readiness requirements into the activities include either one or two inflatable boat, or retrieval of a target foreseeable future, as shown in Table 1.

TABLE 1—MAXIMUM NUMBER OF ANNUAL PROPOSED ACTIVITIES IN THE PMSR STUDY AREA [Inclusive of SNI launches]

Proposed Activity Activity sub category activities

Aerial Targets (# of targets) ...... 176 Surface Targets (# of targets) ...... 522 Ordnance (# of ordnance) ...... Bombs ...... 30 Gun Ammunition ...... 281,230 Missiles ...... 584 Rockets ...... 40

Most of the factors influencing on the development of core capabilities/ requirements. As a result, testing frequency and types of activities are skills. Training events in the PMSR requirements are driven by the need to fluid in nature (i.e., continually Study Area are conducted to ensure support Fleet readiness based on evolving and changing), and the annual Navy forces can sustain their training emerging national security interests, and activity level in the PMSR Study Area cycle requirements. Primarily, changes alternatives must have sufficient annual will continue to fluctuate. The number occur with increases or decreases in capacity to conduct the research, of events may not be the same year to annual operational tempo of activities, development, and testing of new year, but the maximum number of in addition to changes in the types of systems and technologies, with events were predicted annually. Total aircraft, vessels, targets, ordnance, and upgrades, repairs, and maintenance of annual events would not exceed what is tasks that are actions or processes existing systems. proposed in Table 1 above. Proposed performed as part of Navy operations. Fleet Training training and testing duration and Future testing depends on scientific frequency varies depending on Fleet and technological developments that are Fleet training within the PMSR Study requirements, and funding and does not not easy to predict, and experimental Area includes the same types of warfare occur on a predictable annual cycle. designs may evolve with emerging of the primary mission areas. Training Fleet training activities occur over science and technology. Even with these conducted in conjunction with testing scheduled continuous and challenges, the Navy makes every effort activities provide Fleet operators unique uninterrupted blocks of time, focusing to forecast all future testing opportunities to train with ship and

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aircraft combat weapon systems and Aviation warfare training conducted to show that the equipment and systems personnel in scripted warfare in the PMSR Study Area, categorized as included in the CSSQT program meet environments, including live-fire unit-level training, is designed for a combat system requirements. Live and events. For example, Fleet training small number of aircraft up to a inert weapons, along with chaff, flares, would occur while testing a weapon squadron of aircraft. These training jammers, and lasers may be used. Naval system, in which Sailors would events occur within the PMSR Study Sea Systems Command has recently experience (be trained in) the use of the Area, as it is the only West Coast Navy developed two new reporting programs system being tested. Combat ship crews venue to provide powered air-to-air to test and evaluate combat and train in conjunction with scheduled targets. They are limited in scope and weapons system performance on new ship testing and qualification trials, to generally focus on one or two tasks. classes of ships, resulting in an take advantage of the opportunity to These scenarios require planning and increased tempo in the PMSR Study provide concurrent training and coordination to ensure safe and effective familiarization for ship personnel in training. Area. maintaining and operating installed Combat Systems Testing Explosives At-Surface or Near the equipment, identifying design problems, Surface and determining deficiencies in support The System Command Program elements (e.g., documentation, logistics, Executive Offices are tasked with Missiles, bombs, and projectiles that test equipment, or training). Live and conducting extensive combat systems detonate at or near (within 10 m of) the inert weapons, along with chaff, flares, tests and trials on each new platform water’s surface are considered for the jammers, and lasers may be used. prior to releasing the platform to the potential that they could result in an Typically concurrent with testing, Fleet, to include ships that have been in acoustic impact to marine mammals that surface training available within the an extended upgrade or overhaul status. may be underwater and nearby. The PMSR Study Area includes tracking The PMSR Study Area is the preferred maximum number of explosives and the site to conduct these tests, as it offers a events, missile-firing events, gun-firing appropriate events modeling bin for the venue for a thorough evaluation of events, high-speed anti-radiation missile proposed activities are provided in events, and shipboard self-defense combat and weapons system Table 2 for the proposed activities in the system training, (e.g., Phalanx (Close-in performance through the actual PMSR Study Area. Table 2 describes the Weapons System), Rolling Airframe employment of weapon systems. The Missile, and Evolved Sea Sparrow comprehensive tests are conducted by maximum number of explosives that Missile). These events are limited in the responsible Program Manager, with could be used in any year under the scope and generally focus on one or two close cooperation from the Fleet Type proposed training and testing activities. tasks. Missiles may be fired against Commanders (Surface Force, Air Force, Under the proposed activities, bin use subsonic, supersonic, and hypersonic or Submarine Force). Frequent tests could vary annually (but would not targets. Certain training events designed conducted in the PMSR Study Area are exceed the maximum), and the seven- for single ships are conducted to utilize Combat Systems Ship Qualification year totals for the proposed training and unique targets only available for training Trials (CSSQTs). This is a series of testing activities take into account that in the PMSR Study Area. comprehensive tests and trials designed annual variability.

TABLE 2—EXPLOSIVES DETONATING AT OR NEAR THE SURFACE BY BINS ANNUALLY AND FOR A SEVEN-YEAR PERIOD FOR TRAINING AND TESTING ACTIVITIES WITHIN THE PMSR STUDY AREA [Inclusive of SNI Launches]

Maximum number of Maximum high Explosive number of explosives Primary mission area activity scenarios bin Munition type high explosive used over a munitions 7-year period used annually proposed activity

Surface-Surface ...... E1 Gunnery ...... 22,110 154,770 E3 Gunnery ...... 4,909 34,363 E5 Gunnery ...... 1,666 11,662 Air-Surface ...... E5 Rockets ...... 24 168 Air-Surface; Surface-Air ...... E6 Missiles ...... 72 504 Air-Surface ...... E7 Missiles, Bombs...... 45 315 Air-Surface; Surface-Air ...... E8 Missiles ...... 45 315 Air-Surface; Surface-Surface ...... E9 Missiles, Bombs, Rockets ...... 58 406 Surface-Surface; Subsurface-Surface ...... E10 Missiles ...... 13 91 Note: Bins E1–E5 are gunnery events that involve guns with high rates of firing ‘‘clusters’’ of munitions (e.g., >80–200 rounds per minute for Bin E1, 500–650 rounds per minute for Bin E3, and 16–20 rounds per minutes for Bin E5), hence the high number of HE munitions used during these activities. The numbers above do not reflect the actual number of events, which can vary and typically last 1–3 hrs. The increase in tempo under the Proposed Action is a result of a proposed increase in Combat Systems Ship Qualification Trials as discussed in Section 2.2.1 (Current and Proposed Activities) of the 2020 PMSR DSEIS/OEIS.

The explosive energy released by with distance from the detonation (e.g., by atmospheric conditions, including detonations in air has been well studied, U.S. Department of the Navy, 1975). In temperature and wind. While basic and basic methods are available to air, the propagation of impulsive noise estimation methods do not consider the estimate the explosive energy exposure from an explosion is highly influenced unique environmental conditions that

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may be present on a given day, they A combination of missiles and targets example, Tactical Tomahawks were allow for approximation of explosive are launched from SNI, including aerial launched from Building 807 Launch energy propagation under neutral targets, surface-to-surface missiles, and Complex in 2018 and 2019. Under this atmospheric conditions. Explosions that surface-to-air missiles, with aerial proposed rule, missiles launched from occur during air warfare would typically targets representing the majority of the SNI would have sound source levels the be at a sufficient altitude that a large launches from SNI. same or lower than missiles described portion of the sound refracts upward The following descriptions are above or previously launched from the due to cooling temperatures with representative of some of the types of island. targets and missiles typically launched increased altitude. Based on an Vessel Movement understanding of the explosive energy from SNI. While this list is not inclusive released by detonations in air, of all potential missiles and targets that The number and type of scheduled detonations occurring in air at altitudes could be launched annually, the Navy vessels or Navy support vessels greater than 10 m are not likely to result descriptions and the sound profiles are operating within the PMSR Study Area in acoustic impacts to marine mammals representative of the diversity of the depends on the requirements for and thus are not carried forward in the types of missiles and targets typically mission-essential activities, such as the analysis. launched. For information on the sound test and evaluation of new weapon levels these missiles produce please systems or qualification trials for Missile Launch Activities on SNI refer to Section 1.2 of the application. upgraded existing ships. The types of Missiles can be propelled by either GQM–163A ‘‘Coyote’’—The Coyote, Navy vessels or Navy support vessels liquid-fueled or solid-fueled rocket designated GQM–163A, is an operating within the PMSR are highly engines; however, solid fuel is preferred expendable Supersonic Sea-Skimming variable and range from small work for military uses. Such engines Target (SSST) powered by a ducted- boats used for nearshore work to major commonly propel tactical guided rocket ramjet. This missile is designed Navy combatants, up to and including missiles (i.e., missiles intended for use to provide a ground-launched, aerial aircraft carriers. Navy activities are conducted in large subdivisions of the within the immediate area) toward their target system to simulate a supersonic, total PMSR Study Area, and blocks of targets at twice the speed of sound. sea-skimming Anti-Ship Cruise missile range times are allocated based on Cruise or ballistic missiles are designed threat. Coyote launches are expected to activity requirements. Most activities to strike targets far beyond the be the primary large missile launched from SNI over the next several years. include either one or two vessels and immediate area, and are therefore also Coyotes are launched from previously may last from a few hours to two weeks. known as strategic missiles. Cruise installed launchers at the inland Vessel movement as part of the missiles are jet-propelled at subsonic location (Alpha Launch Complex) on proposed activities would be widely speeds throughout their flights, while SNI. dispersed throughout the PMSR Study ballistic missiles are rocket-powered Standard Missile (SM–2, SM–3, SM– Area. only in the initial (boost) phase of flight, 6)—The Standard family of missiles The PMSR Study Area military vessel after which they follow an arcing consists of a range of air defense activity can be divided into two trajectory to the target. As gravity pulls missiles including supersonic, medium, categories: Project ships and support the ballistic warhead back to Earth, and extended range surface-to-air and boats. Project ships are larger Navy speeds of several times the speed of surface-to-surface missiles. The combatant vessels, such as destroyers, sound are reached. Ballistic missiles are Standard Missile 3 Block IIA (SM–3) is cruisers, or any other commissioned most often categorized as short-range, a ship-based missile system used to Navy or foreign military ship directly medium-range, intermediate-range, and intercept short- to intermediate-range involved in events. They may operate intercontinental ballistic missiles. ballistic missiles as a part of the Aegis anywhere within the PMSR Study Area Missile weights range between 54–2,900 Ballistic Missile Defense System. depending on activity needs, although kilograms (kg), but total weight is Although primarily designed as an most ship operations occur within 60 dependent on fuel or boosters. antiballistic missile defensive weapon, nautical miles (nmi) of SNI. Most Table 3 shows the number of launches the SM–3 has also been employed in an project ships and scheduled training that have occurred at SNI since 2001 anti-satellite capacity against a satellite ships operating in the PMSR Study Area and the number of launch events that at the lower end of low Earth orbit. transit there from off-range (e.g., San have occurred during the associated Similarly, the SM–6 is a vertically Diego). Support boats are smaller comprehensive reporting timeframes. launched, extended range missile vessels directly involved in test There have not been more than 25 compatible with the Aegis Weapon activities and operate from the Port launch events conducted in any given System to be used against extended Hueneme Harbor. While they may also year since 2001. However, as part of the range threats. The SM–6 Block I/IA operate throughout the PMSR Study proposed activities, 40 launch events combines the tested legacy of the SM– Area, support boat operations occur per year from SNI involving various 2 propulsion system and warhead with mainly within the range areas receiving missiles and aerial targets are requested an active radio frequency seeker the most use. Smaller support boats for take authorization. modified from the AIM–120 Advanced have limited range and usually operate Medium Range Air-to-Air Missile. The close to shore near Point Mugu and SNI. TABLE 3—THE TOTAL NUMBER OF new features allow for over-the-horizon The activity level of ships or boats is LAUNCHES THAT HAVE OCCURRED engagements, enhanced capability at characterized by a ship or boat event. SINCE 2001 AT SNI extended ranges and increased The Navy tabulated annual at-sea firepower. To date, only the SM–3 has vessel steaming days for training and testing activities projected for the PMSR Time period Number of been launched from SNI. launches Other Missiles That May Be Used Study Area. Approximately 333 annual During Launch Events—The Navy may events of Navy at-sea vessel usage will August 2001 to March 2008 77 also launch other missiles to simulate occur over 2,085 hours (approximately June 2009 to June 2014 ...... 36 June 2014 to June 2019 ...... 27 various types of threat missiles and 87 at-sea days) in the PMSR Study Area aircraft and to test other systems. For (Table 4). In comparison to the Southern

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California portion (SOCAL) of the estimated number of annual at-sea days percent of what occurs in SOCAL Hawaii-Southern California Training in the PMSR Study Area is less than 3 annually. and Testing (HSTT) Study Area, the

TABLE 4—ANNUAL AT-SEA VESSEL STEAMING DAYS FOR TRAINING AND TESTING ACTIVITIES PROJECTED FOR THE PMSR STUDY AREA

Proposed activity Vessel Ship type Events Hours

CG ...... Guided Missile Cruiser ...... 41 275 DDG–51 ...... Guided Missile Destroyer ...... 36 132 LHA ...... Amphibious Assault Ship ...... 40 200 SDTS ...... Self-Defense Test Ship ...... 50 190 WMSL–751/OPC ...... Coast Guard Cutter ...... 6 28 LCS Variant (LCS 1) ...... Littoral Combat Ship ...... 40 360 LCS Variant (LCS 2) ...... 40 360 FF ...... Future Frigate ...... 40 360 DDG 1000 Zumwalt Class ...... Guided Missile Destroyer ...... 3 30 LHD ...... Amphibious Assault Ship ...... 4 13 LPD ...... Amphibious Transport Deck ...... 4 13 LSD ...... Dock Landing Ship ...... 4 13 CVN ...... Nuclear-Powered Aircraft Carrier ...... 6 16 SSBN ...... Ballistic Missile Submarine ...... 19 95

Total ...... 333 2,085

Additional details on Navy at-sea • Range safety standard operating ecology of marine mammals is included vessel movement are provided in the procedures and instructions for in the 2020 PMSR DEIS/OEIS. Table 5 2020 PMSR DEIS/OEIS. explosive munitions; and incorporates data from the U.S. Pacific • Ammunition and Explosive and the Alaska Marine Mammal Stock Standard Operating Procedures Operations standard operating Assessment Reports (SARs; Carretta et For training and testing to be procedures. al., 2019; Muto et al., 2019) and the effective, personnel must be able to Because standard operating most recent revised data in the draft safely use their sensors and weapon procedures are essential to safety and SARs (see https:// systems as they are intended to be used mission success, the Navy considers www.fisheries.noaa.gov/national/ in military missions and combat them to be part of the proposed marine-mammal-protection/draft- operations and to their optimum Specified Activities, and has included marine-mammal-stock-assessment- capabilities. Navy publishes or them in the environmental analysis (see reports). Table 5 also incorporates the broadcasts standard operating Chapter 3, Affected Environment and best available science, including procedures via numerous naval Environmental Consequences, of the monitoring data from the Navy’s marine instructions and manuals, including but 2020 PMSR DSEIS/OEIS for further mammal research efforts. not limited to the following: details). Species Not Included in the Analysis • Ship, submarine, and aircraft safety Description of Marine Mammals and manuals; Their Habitat in the Area of the The species carried forward for • Ship, submarine, and aircraft Specified Activities analysis (and described in Table 5 standard operating manuals; Marine mammal species that have the below) are those likely to be found in • Fleet Area Control and Surveillance potential to occur in the PMSR Study the PMSR Study Area based on the most Facility range operating instructions; Area are presented in Table 5 along with recent data available, and do not • Fleet exercise publications and an abundance estimate, an associated include species that may have once instruction; coefficient of variation value, and best inhabited or transited the area but have • Naval Air Warfare Center Weapons and minimum abundance estimates. not been sighted in recent years (e.g., Division (NAWCWD) and Naval Sea The Navy requests authorization to take species which were extirpated from Systems Command test range safety and individuals of marine mammal species factors such as 19th and 20th century standard operating instructions; by Level A and Level B harassment commercial exploitation). Several • Navy instrumented range operating incidental to training and testing species that may be present in the procedures; activities from detonations of explosives northwest Pacific Ocean have a low probability of presence in the PMSR • Naval shipyard sea trial agendas; occurring at or near the surface and • launch activities on SNI (Table 5). Study Area. These species are Research, development, test, and Information on the status, considered extralimital (not anticipated evaluation plans; • distribution, abundance, population to occur in the Study Area) or rare Naval gunfire safety instructions; trends, habitat, and ecology of marine (occur in the Study Area sporadically, • Navy planned maintenance system mammals in the PSMR Study Area also but sightings are rare). Species unlikely instructions and requirements; may be found in Section 4 of the Navy’s to be present in the PMSR Study Area • Federal Aviation Administration rulemaking/LOA application. NMFS or that are rare include the North Pacific regulations; reviewed this information and found it right whale (Eubalaena japonica), • International Regulations for to be accurate and complete. Additional rough-toothed dolphin (Steno Preventing Collisions at Sea; information on the general biology and bredanensis), and Steller sea lion

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(Eumetopias jubatus), and these species systematic ship surveys from 1991 to anticipated that the Steller sea lions have all been excluded from subsequent 2014 off the U.S. West Coast (Barlow, may re-establish a breeding colony on analysis for the reasons described 2016). During 16 quarterly ship surveys San Miguel Island in the future. In the below. There have been only four off Southern California from 2004 to Channel Islands and vicinity, despite sightings, each of a single Northern 2008, there was one encounter with a the species’ general absence from the Pacific right whale, in Southern group of nine rough-toothed dolphins, area, a consistent but small number of California waters over approximately which was considered an extralimital Steller sea lions (one to two individuals the last 30 years (in 1988, 1990, 1992, occurrence (Douglas et al., 2014). Steller at a time) have been sighted in recent and 2017) (Brownell et al., 2001; sea lions range along the north Pacific years. Aerial surveys for pinnipeds in Carretta et al., 1994; National Marine from northern Japan to California the Channel Islands from 2011 to 2015 Fisheries Service, 2017b; WorldNow, (Perrin et al., 2009b), with centers of encountered a single Steller sea lion at 2017). Sightings off California are rare, abundance and distribution in the Gulf and historically, even during the period of Alaska and Aleutian Islands (Muto et SNI in 2013 (Lowry et al., 2017). NMFS of U.S. West Coast whaling through the al., 2019). San Miguel Island and Santa agrees with the Navy’s assessment that 1800s, right whales were considered Rosa Island were, in the past, the these species are unlikely to occur in uncommon to rare off California (Reeves southernmost rookeries and haulouts for the PMSR Study Area and they are not and Smith, 2010; Scammon, 1874). The the Steller sea lions, but their range discussed further. range of the rough-toothed dolphin is contracted northward in the 20th Southern sea otter (Enhydra lutris known to occasionally include the century, and now An˜ o Nuevo Island off neris) occurs nearshore off the coast of Southern California coast during central California is currently the central California, ranging from Half periods of warmer ocean temperatures, southernmost rookery (Muto et al., Moon Bay in the north to Point but there is no recognized stock for the 2019; National Marine Fisheries Service, Conception and at SNI (Tinker et al., U.S. West Coast (Carretta et al., 2019c). 2008; Pitcher et al., 2007). Steller sea 2006; Tinker and Hatfield, 2016; U.S. Several strandings were documented for lions pups were known to be born at Geological Survey, 2014). Southern sea this species in central and Southern San Miguel Island up until 1981 otters are managed by the U.S. Fish and California between 1977 and 2002 (National Marine Fisheries Service, Wildlife Service and therefore are not (Zagzebski et al., 2006), but this species 2008; Pitcher et al., 2007), and so, as the discussed further. has not been observed during seven population continues to increase, it is TABLE 5—MARINE MAMMAL OCCURRENCE WITHIN THE PMSR STUDY AREA

Status Stock abundance 1 (CV)/Nmin; most 3 Annual Common name Scientific name Stock PBR 4 MMPA ESA recent abundance M/SI survey 2

Blue whale ...... Balaenoptera musculus Eastern North Pacific .. Depleted ...... Endangered ...... 1,496 (0.44)/1,051; 1.2 ≥19.4 2014. Bryde’s whale ...... Balaenoptera brydei/ Eastern Tropical Pacific ...... unk; na ...... unk unk edeni. Fin whale ...... Balaenoptera physalus California, Oregon, and Depleted ...... Endangered ...... 9,029 (0.12)/8,127; 81 ≥43.7 Washington. 2014. Gray whale ...... Eschrichtius robustus .. Eastern North Pacific ...... 26,960 (0.05)/ 801 131 25,849; 2016. Western North Pacific Depleted ...... Endangered ...... 290 (na)/271; 0.12 unk 2016. Humpback whale ...... Megaptera California, Oregon, Depleted ...... Threatened/En- 2,900 (0.05)/2,784; 16.7 ≥42.1 novaeangliae. Washington. dangered 1. 2019. Minke whale ...... Balaenoptera California, Oregon, and ...... 636 (0.72)/369; 3.5 ≥1.3 acutorostrata. Washington. 2014. Sei whale ...... Balaenoptera borealis Eastern North Pacific .. Depleted ...... Endangered ...... 519 (0.4)/374; 0.75 ≥0.2 2014. Baird’s beaked whale .... Berardius bairdii ...... California, Oregon, and ...... 2,697 (0.6)/1,633; 16 0 Washington. 2014. Common Bottlenose dol- Tursiops truncatus ...... California Coastal ...... 453 (0.06)/346; 2.7 ≥2.0 phin. 2011. California, Oregon, and ...... 1,924 (0.54)/1,255; 11 ≥1.6 Washington Offshore. 2014. Cuvier’s beaked whale .. Ziphius cavirostris ...... California, Oregon, and ...... 3,274 (0.67)/2,059; 21 <0.1 Washington. 2014. Dall’s porpoise ...... Phocoenoides dalli ...... California, Oregon, and ...... 25,750 (0.45)/ 172 0.3 Washington. 17,954; 2014. Dwarf sperm whale ...... Kogia sima ...... California, Oregon, and ...... unk; 2014 ...... und 0 Washington. Harbor Porpoise ...... Phocoena phocoena ... Morro Bay ...... 2,917 5 (0.41)/ 5 66 5 ≥0.4 1,384; 2012. Killer whale ...... Orcinus orca ...... Eastern North Pacific ...... 300 (0.10)/276; 2.8 0 Offshore. 2012. Eastern North Pacific ...... 349 na/349; 2018 3.5 0.4 Transient/West Coast Transient 6. Long-beaked common Delphinus capensis ..... California ...... 101,305 (0.49)/ 657 ≥35.4 dolphin. 68,432; 2014. Mesoplodont beaked Mesoplodon spp ...... California, Oregon, and ...... 3,044 (0.54)/1,967; 20 0.1 whales 7. Washington. 2014. Northern right whale dol- Lissodelphis borealis ... California, Oregon, and ...... 26,556 (0.44)/ 179 3.8 phin. Washington. 18,608; 2014. Pacific white-sided dol- Lagenorhynchus California, Oregon, and ...... 26,814 (0.28)/ 191 7.5 phin. obliquidens. Washington. 21,195; 2014.

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TABLE 5—MARINE MAMMAL OCCURRENCE WITHIN THE PMSR STUDY AREA—Continued

Status Stock abundance 1 (CV)/Nmin; most 3 Annual Common name Scientific name Stock PBR 4 MMPA ESA recent abundance M/SI survey 2

Pygmy sperm whale ...... Kogia breviceps ...... California, Oregon, and ...... 4,111 (1.12)/1,924; 19 0 Washington. 2014. Risso’s dolphins ...... Grampus griseus ...... California, Oregon, and ...... 6,336 (0.32)/4,817; 46 ≥3.7 Washington. 2014. Short-beaked common Delphinus delphis ...... California, Oregon, and ...... 969,861 (0.17)/ 8,393 ≥40 dolphin. Washington. 839,325; 2014. Short-finned pilot whale Globicephala California, Oregon, and ...... 836 (0.79)/466; 4.5 1.2 macrorhynchus. Washington. 2014. Sperm whale ...... Physeter California, Oregon, and Depleted ...... Endangered ...... 1,997 (0.57)/1,270; 2.5 0.6 macrocephalus. Washington. 2014. Striped dolphin ...... Stenella coeruleoalba .. California, Oregon, and ...... 29,211 (0.20)/ 238 ≥0.8 Washington. 24,782; 2014. Harbor seal ...... Phoca vitulina ...... California ...... 30,968 na/27,348; 1,641 43 2012. Northern elephant seal .. Mirounga angustirostris California ...... 179,000 na/ 4,882 8.8 81,368; 2010. California sea lion ...... Zalophus californianus U.S. Stock ...... 257,606 na/ 14,011 ≥321 233,515; 2014. Northern fur seal ...... Callorhinus ursinus ...... California ...... 14,050 na/7,524; 451 1.8 2013. Guadalupe fur seal ...... Arctocephalus Mexico to California ..... Depleted ...... Threatened ...... 34,187 unk/ 1,602 ≥3.8 townsendi. 31,109; 2013. 1 Taxonomy follows Committee on Taxonomy (2018). 2 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. The most recent abundance survey that is reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the estimate. 3 PBR is the Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). 4 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, subsistence hunting, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a range. 5 The abundance number as presented is from the ‘‘fine-scale transects’’ as documented in Forney et al. (2014). PBR and M/SI are from draft 2020 SAR for the Pa- cific (Carretta et al., 2020). 6 This stock is mentioned briefly in the Pacific Stock Assessment Report and referred to as the ‘‘Eastern North Pacific Transient’’ stock, however, the Alaska Stock Assessment Report contains assessments of all transient killer whale stocks in the Pacific, and the Alaska Stock Assessment Report refers to this same stock as the ‘‘West Coast Transient’’ stock (Muto et al., 2019). 7 The six Mesoplodont beaked whale species off California are M. densirostris, M. carlhubbsi, M. ginkgodens, M. perrini, M. peruvianus, M. stejnegeri. Notes: na = not available; unk = unknown ; und = undetermined or not provided in the draft 2020 SAR for the Pacific (Carretta et al., 2020) (Carretta et al., 2019b).

Further, after Navy completed their Critical Habitat America DPS and the threatened Mexico modeling analysis, the following DPS of humpback whales (86 FR 21082). species/stocks had zero calculated The statutory definition of occupied Critical habitat for the Central America critical habitat refers to ‘‘physical or estimated takes: Bryde’s whale (Eastern DPS and Mexico DPS was established biological features essential to the Tropical Pacific), Gray whale (Western within the California Current Ecosystem conservation of the species,’’ but the North Pacific), Sei whale (Eastern North (CCE) off the coasts of California, ESA does not specifically define or Oregon, and Washington, representing Pacific), Baird’s beaked whale further describe these features. ESA- (California, Oregon, and Washington), areas of key foraging habitat. Prey of implementing regulations at 50 CFR sufficient quality, abundance, and Bottlenose dolphin (California Coastal), 424.02 (as amended, 84 FR 45020; Cuvier’s beaked whale (California, accessibility within humpback whale August 27, 2019), however, define such feeding areas to support feeding and Oregon, and Washington), Harbor features as follows: The features that population growth is identified an Porpoise (Morro Bay), Killer whale occur in specific areas and that are essential feature to the conservation of (Eastern North Pacific Offshore, Eastern essential to support the life-history these whales. Because humpback North Pacific Transient or West Coast needs of the species, including but not whales only rarely feed on breeding Transient), Mesoplodont spp. limited to, water characteristics, soil grounds and during migrations, (California, Oregon, and Washington), type, geological features, sites, prey, humpback whales must have access to Short-finned pilot whale (California, vegetation, symbiotic species, or other adequate prey resources within their Oregon, and Washington), and Northern features. A feature may be a single feeding areas to build up their fat stores fur seal (California). NMFS agrees with habitat characteristic, or a more and meet the nutritional and energy the Navy’s analysis; therefore, these complex combination of habitat demands associated with individual species are excluded from further characteristics. Features may include survival, growth, reproduction, analysis. habitat characteristics that support lactation, seasonal migrations, and other ephemeral or dynamic habitat Below, we include additional normal life functions. Given that each of conditions. Features may also be information about the marine mammals three humpback whale DPSs very expressed in terms relating to principles clearly rely on the feeding areas while in the area of the Specified Activities of conservation biology, such as patch that informs our analysis, such as within U.S. waters, prey has been size, distribution distances, and identified as a biological feature that is identifying known areas of important connectivity. essential to the conservation of the habitat or behaviors, or where Unusual On April 21, 2021, NMFS issued a whales. The prey essential feature was Mortality Events (UME) have been final rule to designate critical habitat in specifically defined as follows: Prey designated. nearshore waters of the North Pacific species, primarily euphausiids and Ocean for the endangered Central small pelagic schooling fishes of

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sufficient quality, abundance, and (INRMP) and SNI INRMP, are not through July. Newly pregnant females accessibility within humpback whale included in the proposed designation as go first to maximize feeding time, feeding areas to support feeding and these areas were determined by NMFS followed by adult females and males, population growth. to be ineligible for designation as and then juveniles (Jones and Swartz, NMFS considered 19 units of habitat critical habitat under section 2009). The Northbound Phase B as critical habitat for the listed 4(a)(3)(B)(i) of the ESA (84 FR 54354; migration BIA consists primarily of humpback whale DPSs. There is overlap October 9, 2019).The Navy does not cow-calf pairs that begin their between the PMSR Study Area and anticipate national security impacts northward migration later (March portions of the habitat designated Units resulting from critical habitat through July), as they remain on the 17 and 18 (see Figure 3.7–5 of the 2020 designation in the portion of Region/ reproductive grounds longer to allow PMSR DEIS/OEIS) in the final critical Unit 18 that overlaps with the PMSR calves to strengthen and rapidly habitat rule (86 FR 21082), which are Study Area. increase in size before the northward described below. migration (Jones and Swartz, 2009; Biologically Important Areas Unit 17, referred to as the ‘‘Central Urban-Ramirez et al., 2003). The California Coast Area,’’ extends from Biologically Important Areas (BIAs) Potential presence migration BIA 36°00′ N to a southern boundary at include areas of known importance for (January through July; October through 34°30′ N. The nearshore boundary is reproduction, feeding, or migration, or December) and the Southbound—All defined by the 30-m isobath, and the areas where small and resident migration BIA (October through March) seaward boundary is drawn along the populations are known to occur (Van routes pass through the waters of the 3,700-m isobath. This unit includes Parijs, 2015). Unlike ESA critical PMSR Study Area. waters off of southern Monterey County, habitat, these areas are not formally and San Luis Obispo and Santa Barbara designated pursuant to any statute or Humpback Whale Feeding BIAs Counties. Unit 17 covers 6,697 nmi2 of law, but are a compilation of the best Two humpback whale feeding areas marine habitat. This unit encompasses available science intended to inform overlap with the PMSR Study Area Morro Bay to Point Sal Biologically impact and mitigation analyses. An (Calambokidis et al., 2015) (see Figure Important Area (BIA; see next section) interactive map of the BIAs may be 3.7–4 of the 2020 PMSR DEIS/OEIS). and typically supports high density found here: https://cetsound.noaa.gov/ These BIAs include the Morro Bay to feeding aggregations of humpback biologically-important-area-map. Point Sal feeding area (April through whales from April to November BIAs off the West Coast of the November) and the Santa Barbara (Calambokidis et al. 2015). Based on continental United States with the Channel–San Miguel feeding area acoustic survey data collected during potential to overlap portions of the (March through September) 2004–2009, large krill hotspots, ranging PMSR Study Area include the following (Calambokidis et al., 2015). The from 700 km2 to 2,100 km2, occur off feeding and migration areas for blue majority of these BIAs overlap with the Big Sur, San Luis Obispo, and Point Sal whales, gray whales, and humpback PMSR Study Area (approximately 75 (Santora et al. 2011). Hotspots with whales and are described in further percent). persistent, heightened abundance of detail below (Calambokidis et al., 2015). National Marine Sanctuaries krill were also reported in this unit in association with bathymetric submarine Blue Whale Feeding BIAs Under Title III of the Marine canyons (Santora et al. 2018). This is the Three blue whale feeding BIAs Protection, Research, and Sanctuaries northernmost portion of humpback overlap with the PMSR Study Area (see Act of 1972 (also known as the National whale critical habitat that overlaps with Figure 3.7–2 of the 2020 PMSR DEIS/ Marine Sanctuaries Act (NMSA)), the PMSR Study Area. OEIS). The Point Conception/Arguello NOAA can establish as national marine Unit 18, referred to as the ‘‘Channel to Point Sal Feeding Area and Santa sanctuaries (NMS), areas of the marine Islands Area,’’ extends from a northern Barbara Channel and San Miguel environment with special conservation, boundary at 34°30′ N to a boundary line Feeding Area have large portions within recreational, ecological, historical, that extends from Oxnard, CA seaward the PMSR Study Area, 87 and 61 cultural, archaeological, scientific, to the 3,700-m isobath, along which the percent respectively. The San Nicolas educational, or aesthetic qualities. offshore boundary is drawn. The 50-m Island Feeding Area is entirely within Sanctuary regulations prohibit or isobath forms the shoreward boundary. the PMSR Study Area (Calambokidis et regulate activities that could destroy, This unit includes waters off of Santa al., 2015a). Feeding by blue whales cause the loss of, or injure sanctuary Barbara and Ventura counties. This unit occurs from June through October in resources pursuant to the regulations for covers 9,799 nmi2 of marine habitat. these BIAs (Calambokidis et al., 2015a). that sanctuary and other applicable law This unit encompasses the Santa (15 CFR part 922). NMSs are managed Barbara Channel-San Miguel BIA, which Gray Whale Migration BIAs on a site-specific basis, and each supports high density feeding Four gray whale migration BIAs sanctuary has site-specific regulations. aggregations of humpback whales overlap with the PMSR Study Area (see Most, but not all, sanctuaries have site- during March through September Figure 3.7–3 of the 2020 PMSR DEIS/ specific regulatory exemptions from the (Calambokidis et al. 2015). Based on OEIS). The northward migration of the prohibitions for certain military acoustic survey data collected during Eastern North Pacific stock of gray activities. Separately, section 304(d) of 2004–2009, a krill hotspot of about 780 whales to the feeding grounds in Arctic the NMSA requires Federal agencies to km2 has been documented off Point waters, Alaska, the Pacific Northwest, consult with the Office of National Conception (Santora et al. 2011). Some and Northern California occurs in two Marine Sanctuaries whenever their additional krill hotspots have also been phases: Northbound Phase A and activities are likely to destroy, cause the observed in this unit in association with Northbound Phase B (Calambokidis et loss of, or injure a sanctuary resource. bathymetric submarine canyons al., 2015). Northbound Phase A There are two NMSs managed by the (Santora et al. 2018). Coastal waters migration BIA consists mainly of adults Office of National Marine Sanctuaries managed by the Navy, as addressed and juveniles that lead the beginning of within the PMSR Study Area: The within the Point Mugu Integrated the north-bound migration from late Channel Islands NMS and a small Natural Resources Management Plan January through July, peaking in April portion of the Monterey Bay NMS. The

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Channel Islands NMS is an ecosystem- there have been 14 formally recognized www.fisheries.noaa.gov/national/ based managed sanctuary consisting of UMEs affecting marine mammals in marine-life-distress/2013-2016- an area of 1,109 nmi2 around Anacapa California and involving species under california-sea-lion-unusual-mortality- Island, Santa Cruz Island, Santa Rosa NMFS’ jurisdiction. Three UMEs with event-california for more information on Island, San Miguel Island, and Santa ongoing or recently closed this UME. Barbara Island to the south. It investigations in the PMSR Study Area Guadalupe Fur Seal UME encompasses sensitive habitats (e.g., that inform our analysis are discussed kelp forest habitat, deep benthic habitat) below. The California sea lion UME in Increased strandings of Guadalupe fur and includes various shipwrecks and California was closed on May 6, 2020. seals began along the entire coast of maritime heritage artifacts. The Channel The Guadalupe fur seal UME in California in January 2015 and were Islands NMS waters and its remote, California and the gray whale UME eight times higher than the historical isolated position at the confluence of along the west coast of North America average (approximately 10 seals/yr). two major ocean currents support are active and involve ongoing Strandings have continued since 2015 significant biodiversity of marine investigations. and remained well above average mammals, fish, and invertebrates. At through 2020. Numbers by year are as California Sea Lion UME least 33 species of cetaceans have been follows: 2015 (98), 2016 (76), 2017 (62), reported in the Channel Islands NMFS From January 2013 through 2018 (45), 2019 (116), 2020 (95 as of region with common species, including: September 2016, a greater than expected December 17, 2020). The total number Long-beaked common dolphin, short- number of young malnourished of Guadalupe fur seals stranding in beaked common dolphin, Bottlenose California sea lions (Zalophus California from January 1, 2015, through dolphin, Pacific white-sided dolphin, californianus) stranded along the coast December 17, 2020, in the UME is 492. Northern right whale dolphin, Risso’s of California. Sea lions stranding from Strandings of Guadalupe fur seals dolphin, California gray whale, Blue an early age (6–8 months old) through became elevated in the spring of 2019 in whale, and Humpback whale. The three two years of age (hereafter referred to as Washington and Oregon, and strandings species of pinnipeds that are commonly juveniles) were consistently for seals in these two states found throughout or in part of the underweight without other disease subsequently (starting from January 1, Channel Islands NMS include: processes detected. Of the 8,122 2019) have been added to the UME. The California sea lion, Northern elephant stranded juveniles attributed to the current total number of strandings in seal, and Pacific harbor seal. About 877 UME, 93 percent stranded alive (n = Washington and Oregon is 133 seals, nmi2, or 79 percent of the Channel 7,587, with 3,418 of these released after including 91 in 2019 and 42 in 2020 as Island NMS, occurs within the PMSR rehabilitation) and 7 percent (n = 531) of December 17, 2020. Strandings are Study Area (see Chapter 6 of the 2020 stranded dead. Several factors are seasonal and generally peak in April PMSR DEIS/OEIS and Figure 6.1–1). hypothesized to have impacted the through June of each year. The The Monterey Bay NMS is an ability of nursing females and young sea Guadalupe fur seal strandings involved ecosystem-based managed sanctuary lions to acquire adequate nutrition for the stranding of mostly weaned pups consisting of an area of 4,601 nmi2 successful pup rearing and juvenile and juveniles (1–2 years old), with both stretching from Marin to Cambria and growth. In late 2012, decreased anchovy live and dead strandings occurring. extending an average of 30 miles from and sardine recruitment (CalCOFI data, Current studies of this UME find that shore. The Monterey Bay NMS contains July 2013) may have led to nutritionally the majority of stranded animals extensive kelp forests and one of North stressed adult females. Biotoxins were experienced primary malnutrition with America’s largest underwater canyons present at various times throughout the secondary bacterial and parasitic and closest-to-shore deep ocean UME, and while they were not detected infections. The California portion of this environments. Its diverse marine in the stranded juvenile sea lions UME was occurring in the same area ecosystem also includes rugged rocky (whose stomachs were empty at the time where the 2013–2016 California sea lion shores, wave-swept sandy beaches and of stranding), biotoxins may have UME occurred. This investigation is tranquil estuaries. These habitats impacted the adult females’ ability to ongoing. Please refer to: https:// support a variety of marine life, support their dependent pups by www.fisheries.noaa.gov/national/ including 36 species of marine affecting their cognitive function (e.g., marine-life-distress/2015-2020- mammals, more than 180 species of navigation, behavior towards their guadalupe-fur-seal-unusual-mortality- seabirds and shorebirds, at least 525 offspring). Therefore, the role of event-california for more information on species of fishes, and an abundance of biotoxins in this UME, via its possible this UME. impact on adult females’ ability to invertebrates and algae. Of the 36 Gray Whale UME species of marine mammals, six are support their pups, is unclear. The pinnipeds with California sea lions proposed primary cause of the UME was Since January 1, 2019, elevated levels being the most common, and the malnutrition of sea lion pups and of gray whale strandings have occurred remainder are twenty-six species of yearlings due to ecological factors. along the west coast of North America, cetaceans. Only 19 nmi2, or less than 1 These factors included shifts in from Mexico to Canada. As of December percent of the Monterey Bay NMS, distribution, abundance and/or quality 17, 2020, there have been a total of 385 occurs within the PMSR Study Area (see of sea lion prey items around the strandings along the coasts of the United Chapter 6 of the 2020 PMSR DEIS/OEIS Channel Island rookeries during critical States, Canada, and Mexico, with 201 of and Figure 6.1–1). sea lion life history events (nursing by those strandings occurring along the adult females, and transitioning from U.S. coast. Of the strandings on the U.S. Unusual Mortality Events (UMEs) milk to prey by young sea lions). These coast, 93 have occurred in Alaska, 47 in An UME is defined under Section prey shifts were most likely driven by Washington, 9 in Oregon, and 52 in 410(6) of the MMPA as a stranding that unusual oceanographic conditions at the California. Partial necropsy is unexpected; it involves a significant time due to the event known as the examinations conducted on a subset of die-off of any marine mammal ‘‘Warm Water Blob’’ and El Nin˜ o. This stranded whales have shown evidence population, and demands immediate investigation closed on May 6, 2020. of poor to thin body condition, killer response. From 1991 to the present, Please refer to: https:// whale predation, and human

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interactions. As part of the UME Accordingly, in this proposed rule potential effects for accuracy and investigation process, NOAA is NMFS’ analysis focuses on the potential completeness in its application and assembling an independent team of effects on marine mammals from the refer to that information rather than scientists to coordinate with the activity components that may cause the repeating it in full here. Below we Working Group on Marine Mammal take of marine mammals: Exposure to include a summary of the potential UMEs to review the data collected, explosive stressors and launches. effects to marine mammals. sample stranded whales, and determine For the purpose of MMPA incidental Additionally, NMFS has included a the next steps for the investigation. take authorizations, NMFS’ effects comprehensive discussion of the Please refer to: https:// assessments serve four primary potential effects of similar activities on www.fisheries.noaa.gov/national/ purposes: (1) To determine whether the marine mammals, including specifically marine-life-distress/2019-2020-gray- specified activities would have a from Navy testing and training exercises whale-unusual-mortality-event-along- negligible impact on the affected species that use explosives, in other Federal west-coast. or stocks of marine mammals (based on Register notices. For additional detail, whether it is likely that the activities we refer the reader to these notices; Potential Effects of Specified Activities would adversely affect the species or please see, 85 FR 72312 (November 9, on Marine Mammals and Their Habitat stocks through effects on annual rates of 2020) (Navy testing and training, This section includes a summary of recruitment or survival); (2) to including explosives); 84 FR 28462 the ways that components of the determine whether the specified (June 12, 2019) (Navy IHA on target and specified activity may impact marine activities would have an unmitigable missile launches from SNI); and 79 FR mammals and their habitat. The adverse impact on the availability of the 32678 (June 6, 2014) (Navy previous Estimated Take of Marine Mammals species or stocks for subsistence uses; rule on target and missile launches from section later in this rule includes a (3) to prescribe the permissible methods SNI), or view documents available quantitative analysis of the number of of taking (i.e., Level B harassment online at www.fisheries.noaa.gov/ instances of take that could occur from (behavioral disturbance, incurred national/marine-mammal-protection/ these activities. The Preliminary directly or as a result of temporary incidental-take-authorizations-military- Analysis and Negligible Impact threshold shift (TTS)), and Level A readiness-activities. Determination section considers the harassment (permanent threshold shift Below we provide a brief technical content of this section, the Estimated (PTS) and non-auditory injury)), background on sound, on the Take of Marine Mammals section, and including identification of the number characteristics of certain sound types, the Proposed Mitigation Measures and types of take that could occur by and on metrics used in this proposal, as section to draw conclusions regarding harassment, serious injury, or mortality, well as a brief overview of the potential the likely impacts of these activities on and to prescribe other means of effecting effects to marine mammals associated the reproductive success or survivorship the least practicable adverse impact on with the Navy’s proposed activities. The of individuals and whether those the species or stocks and their habitat proposed training and testing exercises impacts on individuals are likely to (i.e., mitigation measures); and (4) to have the potential to cause take of adversely affect the species through prescribe requirements pertaining to marine mammals by exposing them to effects on annual rates of recruitment or monitoring and reporting. impulsive noise and pressure waves survival. Marine mammals may be affected by generated by explosive detonation at or The Navy has requested authorization Navy activities by sensory impairment near the surface of the water as well as for the take of marine mammals that (permanent and temporary threshold by impulsive noise target and missile may occur incidental to training and shifts and acoustic masking), launches from SNI. Exposure to noise or testing activities in the PMSR Study physiological responses (particular pressure resulting from these Area. The Navy analyzed potential stress responses), direct behavioral detonations and launches could result impacts to marine mammals from disturbance, or habitat effects. The in non-lethal injury (Level A explosive sources, target and missile Estimated Take of Marine Mammals harassment) or disturbance (Level B launches from SNI, and from vessel use section discusses how the potential harassment). The potential effects of in its rulemaking/LOA application. effects on marine mammals from the impulsive sound and pressure from the NMFS carefully reviewed the impulsive acoustic sources considered proposed training and testing activities information provided by the Navy along in this rule relate to the MMPA may include one or more of the with independently reviewing definitions of Level A harassment and following: Tolerance, masking, applicable scientific research and Level B harassment, and quantifies disturbance, hearing threshold shift, and literature and other information to those effects that rise to the level of a stress responses. In addition, NMFS also evaluate the potential effects of the take. The Preliminary Analysis and considered the potential for harassment Navy’s activities on marine mammals. Negligible Impact Determination section from vessels and serious injury and Other potential impacts to marine assesses whether the proposed mortality from explosive detonations. mammals from training and testing authorized take would have a negligible activities in the PMSR Study Area were impact on the affected species and Description of Sound Sources analyzed in the 2020 PMSR DEIS/OEIS, stocks. This section contains a brief technical in consultation with NMFS as a Sections 6, 7, and 9 of the Navy’s background on sound, on the cooperating agency. In particular, the application include summaries of the characteristics of certain sound types, Navy determined that these activities ways that components of the specified and on metrics used in this proposal were unlikely to result in any incidental activity may impact marine mammals inasmuch as the information is relevant take from vessel strike or in any serious and their habitat, including specific to the specified activity and to a injury or mortality from explosive discussion of potential effects to marine discussion of the potential effects of the detonations (discussed in this section mammals from noise and other stressors specified activity on marine mammals below), and the Navy has not requested produced through the use explosives found later in this document. For authorizations of any such incidental detonating at or near the surface and general information on sound and its take. NMFS agrees with these noise from launch events on SNI. We interaction with the marine determinations by the Navy. have reviewed the Navy’s discussion of environment, please see, e.g., Au and

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Hastings (2008); Richardson et al. pressure (also referred to as zero-to-peak rapidly. The sum of the various natural (1995); Urick (1983). sound pressure or 0-pk) is the maximum and anthropogenic sound sources that Sound travels in waves, the basic instantaneous sound pressure comprise ambient sound at any given components of which are frequency, measurable in the water at a specified location and time depends not only on wavelength, velocity, and amplitude. distance from the source and is the source levels (as determined by Frequency is the number of pressure represented in the same units as the rms current weather conditions and levels of waves that pass by a reference point per sound pressure. When underwater biological and human activity) but also unit of time and is measured in hertz or objects vibrate or activity occurs, sound- on the ability of sound to propagate cycles per second. Wavelength is the pressure waves are created. These waves through the environment. In turn, sound distance between two peaks or alternately compress and decompress propagation is dependent on the corresponding points of a sound wave the water as the sound wave travels. spatially and temporally varying (length of one cycle). Higher frequency Underwater sound waves radiate in a properties of the water column and sea sounds have shorter wavelengths than manner similar to ripples on the surface floor, and is frequency-dependent. As a lower frequency sounds, and typically of a pond and may be either directed in result of the dependence on a large attenuate (decrease) more rapidly, a beam or beams or may radiate in all number of varying factors, ambient except in certain cases in shallower directions (omnidirectional sources), as sound levels can be expected to vary water. Amplitude is the height of the is the case for sound produced by the widely over both coarse and fine spatial sound pressure wave or the ‘‘loudness’’ pile driving activity considered here. and temporal scales. Sound levels at a of a sound and is typically described The compressions and decompressions given frequency and location can vary using the relative unit of the decibel associated with sound waves are by 10–20 decibels (dB) from day to day (dB). A sound pressure level (SPL) in dB detected as changes in pressure by (Richardson et al., 1995). The result is is described as the ratio between a aquatic life and man-made sound that, depending on the source type and measured pressure and a reference receptors such as hydrophones. its intensity, sound from the specified pressure (for underwater sound, this is Even in the absence of sound from the activity may be a negligible addition to 1 microPascal (mPa)), and is a specified activity, the underwater the local environment or could form a logarithmic unit that accounts for large distinctive signal that may affect marine environment is typically loud due to variations in amplitude. Therefore, a mammals. Details of source types are ambient sound, which is defined as relatively small change in dB described in the following text. environmental background sound levels corresponds to large changes in sound Sounds are often considered to fall pressure. The source level (SL) lacking a single source or point into one of two general types: Pulsed represents the SPL referenced at a (Richardson et al., 1995). The sound and non-pulsed (defined in the distance of 1 m from the source level of a region is defined by the total following). The distinction between (referenced to 1 mPa), while the received acoustical energy being generated by these two sound types is important level is the SPL at the listener’s position known and unknown sources. These because they have differing potential to (referenced to 1 mPa). sources may include physical (e.g., cause physical effects, particularly with Root mean square (rms) is the wind and waves, earthquakes, ice, regard to hearing (e.g., Ward, 1997 in quadratic mean sound pressure over the atmospheric sound), biological (e.g., Southall et al., 2007). Please see duration of an impulse. Root mean sounds produced by marine mammals, Southall et al. (2007) and NMFS’ square is calculated by squaring all of fish, and invertebrates), and Technical Guidance for Assessing the the sound amplitudes, averaging the anthropogenic (e.g., vessels, dredging, Effects of Anthropogenic Sound on squares, and then taking the square root construction) sound. A number of Marine Mammal Hearing (Version 2.0) of the average (Urick, 1983). Root mean sources contribute to ambient sound, Underwater Thresholds for Onset of square accounts for both positive and including wind and waves, which are a Permanent and Temporary Threshold negative values; squaring the pressures main source of naturally occurring Shift (Acoustic Technical Guidance) makes all values positive so that they ambient sound for frequencies between (NMFS, 2018) for an in-depth may be accounted for in the summation 200 Hz and 50 kHz (Mitson, 1995). In discussion of these concepts. The of pressure levels (Hastings and Popper, general, ambient sound levels tend to distinction between these two sound 2005). This measurement is often used increase with increasing wind speed types is not always obvious, as certain in the context of discussing behavioral and wave height. Precipitation can signals share properties of both pulsed effects, in part because behavioral become an important component of total and non-pulsed sounds. A signal near a effects, which often result from auditory sound at frequencies above 500 Hz, and source could be categorized as a pulse, cues, may be better expressed through possibly down to 100 Hz during quiet but due to propagation effects as it averaged units than by peak pressures. times. Marine mammals can contribute moves farther from the source, the Sound exposure level (SEL; significantly to ambient sound levels, as signal duration becomes longer (e.g., represented as dB re 1 mPa2-s) represents can some fish and snapping shrimp. The Greene and Richardson, 1988). the total energy in a stated frequency frequency band for biological Pulsed sound sources (e.g., airguns, band over a stated time interval or event contributions is from approximately 12 explosions, gunshots, sonic booms, and considers both intensity and Hz to over 100 kHz. Sources of ambient impact pile driving) produce signals duration of exposure. The per-pulse SEL sound related to human activity include that are brief (typically considered to be is calculated over the time window transportation (surface vessels), less than one second), broadband, atonal containing the entire pulse (i.e., 100 dredging and construction, oil and gas transients (ANSI, 1986, 2005; Harris, percent of the acoustic energy). SEL is drilling and production, geophysical 1998; NIOSH, 1998; ISO, 2003) and a cumulative metric; it can be surveys, sonar, and explosions. Vessel occur either as isolated events or accumulated over a single pulse, or noise typically dominates the total repeated in some succession. Pulsed calculated over periods containing ambient sound for frequencies between sounds are all characterized by a multiple pulses. Cumulative SEL 20 and 300 Hz. In general, the relatively rapid rise from ambient represents the total energy accumulated frequencies of anthropogenic sounds are pressure to a maximal pressure value by a receiver over a defined time below 1 kHz and, if higher frequency followed by a rapid decay period that window or during an event. Peak sound sound levels are created, they attenuate may include a period of diminishing,

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oscillating maximal and minimal increase with depth, until normal lung (Southall et al., 2007). PTS is pressures, and generally have an collapse (due to increasing hydrostatic considered an injury and Level A increased capacity to induce physical pressure) and increasing ambient harassment while TTS is considered to injury as compared with sounds that pressures again reduce susceptibility. be Level B harassment and not lack these features. The Navy performed a quantitative considered an injury. Non-pulsed sounds can be tonal, analysis (refer to the Navy’s Acoustic Hearing loss, or threshold shift (TS), narrowband, or broadband, brief or Effects Model section) to estimate the is typically quantified in terms of the prolonged, and may be either probability that marine mammals could amount (in decibels [dB]) that hearing continuous or intermittent (ANSI, 1995; be exposed to the sound and energy thresholds at one or more specified NIOSH, 1998). Some of these non- from explosions during Navy testing frequencies are elevated, compared to pulsed sounds can be transient signals and training activities and the effects of their pre-exposure values, at some of short duration but without the those exposures. The effects of specific time after the noise exposure. essential properties of pulses (e.g., rapid underwater explosions on marine The amount of TS measured usually rise time). Examples of non-pulsed mammals depend on a variety of factors decreases with increasing recovery sounds include those produced by including animal size and depth; charge time—the amount of time that has vessels, aircraft, machinery operations size and depth; depth of the water elapsed since a noise exposure. If the TS such as drilling or dredging, vibratory column; and distance between the eventually returns to zero (i.e., the pile driving, and active sonar systems. animal and the charge. In general, an hearing threshold returns to the pre- The duration of such sounds, as animal would be less susceptible to exposure value), the threshold shift is received at a distance, can be greatly injury near the water surface because called a TTS. If the TS does not extended in a highly reverberant the pressure wave reflected from the completely recover (the threshold environment. water surface would interfere with the remains elevated compared to the pre- direct path pressure wave, reducing exposure value), the remaining TS is a Serious Injury or Mortality From positive pressure exposure. There are no PTS. Explosive Detonations explosives detonated underwater for the Hearing loss has only been studied in Serious injury or mortality to marine proposed activities, and those that a few species of marine mammals, mammals from explosive detonations detonate at or near the surface of the although hearing studies with terrestrial would consist of primary blast injury, water are unlikely to transfer energy mammals are also informative. There which refers to those injuries that result underwater sufficient to result in non- are no direct measurements of hearing from the compression of a body exposed auditory injury (GI injury or lung injury) loss in marine mammals due to to a blast wave and is usually observed or mortality. NMFS agrees with the exposure to explosive sources. The as barotrauma of gas-containing Navy’s analysis that no mortality or sound resulting from an explosive structures (e.g., lung and gut) and serious injury from tissue damage in the detonation is considered an impulsive structural damage to the auditory form of GI injury or lung injury is sound and shares important qualities system (Greaves et al., 1943; Office of anticipated to result from the proposed (i.e., short duration and fast rise time) the Surgeon General, 1991; Richmond et activities. The Navy did not request and with other impulsive sounds such as al., 1973). The near instantaneous high NMFS does not propose it for those produced by air guns. General magnitude pressure change near an authorization or discuss further. For research findings regarding TTS and explosion can injure an animal where additional details on the criteria for PTS in marine mammals, as well as tissue material properties significantly estimating non-auditory physiological findings specific to exposure to other differ from the surrounding impacts on marine mammals due to impulsive sound sources, are discussed environment, such as around air-filled naval underwater explosions, we refer in Section 6.4.1.2, (Loss of Hearing cavities in the lungs or gastrointestinal the reader to the report, Criteria and Sensitivity and Auditory Injury) of the (GI) tract. The gas-containing organs Thresholds for U.S. Navy Acoustic and Navy’s application. (lungs and GI tract) are most vulnerable Explosive Effects Analysis (Phase III) Marine mammal TTS data from to primary blast injury. Severe injuries (U.S. Department of the Navy, 2017e). impulsive sources are limited to two to these organs are presumed to result studies with measured TTS of 6 dB or in mortality (e.g., severe lung damage Hearing Loss—Threshold Shift more: Finneran et al. (2002) reported may introduce air into the Marine mammals exposed to high- behaviorally measured TTSs of 6 and 7 cardiopulmonary vascular system, intensity sound, or to lower-intensity dB in a beluga exposed to single resulting in lethal air emboli). Large sound for prolonged periods, can impulses from a seismic water gun, and pressure changes at tissue-air interfaces experience hearing threshold shift, Lucke et al. (2009) reported Audio- in the lungs and GI tract may cause which is the loss of hearing sensitivity evoked Potential measured TTS of 7–20 tissue rupture, resulting in a range of at certain frequency ranges after dB in a harbor porpoise exposed to injuries depending on degree of cessation of sound (Finneran, 2015). single impulses from a seismic air gun. exposure. Recoverable injuries would Threshold shift can be permanent (PTS), In addition to these data, Kastelein et include slight lung injury, such as in which case the loss of hearing al. (2015a) reported behaviorally capillary interstitial bleeding, and sensitivity is not fully recoverable, or measured mean TTS of 4 dB at 8 kHz contusions to the GI tract. More severe temporary (TTS), in which case the and 2 dB at 4 kHz after a harbor injuries, such as tissue lacerations, animal’s hearing threshold would porpoise was exposed to a series of major hemorrhage, organ rupture, or air recover over time (Southall et al., 2007). impulsive sounds produced by in the chest cavity (pneumothorax), Irreparable damage to the inner or outer broadcasting underwater recordings of would significantly reduce fitness and cochlear hair cells may cause PTS; impact pile driving strikes through likely cause death in the wild. Rupture however, other mechanisms are also underwater sound projectors. The of the lung may also introduce air into involved, such as exceeding the elastic cumulative SEL was approximately 180 the vascular system, producing air limits of certain tissues and membranes decibels referenced to 1 micropascal emboli that can cause a stroke or heart in the middle and inner ears and squared seconds (dB re 1 mPa2s). The attack by restricting oxygen delivery to resultant changes in the chemical pressure waveforms for the simulated critical organs. Susceptibility would composition of the inner ear fluids pile strikes exhibited significant

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‘‘ringing’’ not present in the original 2010a, 2010b; Kastak et al., 2005; of TTS will decrease by the same recordings, and most of the energy in Mooney et al., 2009a). This means if two amount (e.g., 6 dB recovery per the broadcasts was between 500 and 800 exposures have the same SEL but doubling of time). Hz. As a result, some questions exist different durations, the exposure with The proposed activities include both regarding whether the fatiguing signals the longer duration (thus lower SPL) TTS and a limited amount of PTS on were representative of underwater will tend to produce more TTS than the some marine mammals. pressure signatures from impact pile exposure with the higher SPL and Hearing Loss from SNI Target and driving. shorter duration. In most acoustic Missile Launches—Missile launches are Several impulsive noise exposure impact assessments, the scenarios of characterized by sudden onset of sound, studies have also been conducted interest involve shorter duration moderate to high peak sound levels without behaviorally measurable TTS. exposures than the marine mammal (depending on the type of missile and Specifically, Finneran et al. (2000) experimental data from which impact distance), and short sound duration. exposed dolphins and belugas to single thresholds are derived; therefore, use of Although it is possible that some impulses from an ‘‘explosion SEL tends to overestimate the amount of pinnipeds may incur TTS during simulator,’’ and Finneran et al. (2015) TTS. Despite this, SEL continues to be launches from SNI, hearing impairment exposed three dolphins to sequences of used in many situations because it is has not been measured for pinniped 10 impulses from a seismic air gun relatively simple, more accurate than species exposed to launch sounds. (maximum cumulative SEL = 193–195 SPL alone, and lends itself easily to Auditory brainstem response (i.e., 2 dB re 1 mPa s, peak SPL = 196–210 dB scenarios involving multiple exposures hearing assessment using measurements re 1 mPa) without measurable TTS. with different SPL. • of electrical responses of the brain) was Finneran et al. (2003) exposed two sea The amount of TTS depends on the used to demonstrate that harbor seals lions to single impulses from an arc-gap exposure frequency. Sounds at low did not exhibit loss in hearing transducer with no measurable TTS frequencies, well below the region of sensitivity following launches of large (maximum unweighted SEL = 163 dB re best sensitivity, are less hazardous than rockets at Vandenberg Air Force Base m 2 m 1 Pa s, peak SPL = 183 dB re 1 Pa). those at higher frequencies, near the (VAFB) (Thorson et al., 1999; Thorson Numerous studies have directly region of best sensitivity (Finneran and et al., 1998). However, the hearing tests examined noise-induced hearing loss in Schlundt, 2013). The onset of TTS— did not begin until at least 45 minutes marine mammals from non-impulsive defined as the exposure level necessary after the launch; therefore, harbor seals sources (see Finneran, 2015). In these to produce 6 dB of TTS (i.e., clearly may have incurred TTS which was studies, hearing thresholds were above the typical variation in threshold undetectable by the time testing was measured in marine mammals before measurements)—also varies with begun. There was no sign of PTS in any and after exposure to intense sounds. exposure frequency. At low frequencies of the harbor seals tested (Thorson et al., The difference between the pre- onset-TTS exposure levels are higher 1999; Thorson et al., 1998). Since 2001, exposure and post-exposure thresholds compared to those in the region of best no launch events at SNI have exposed was then used to determine the amount sensitivity. of TTS at various post-exposure times. • TTS can accumulate across pinnipeds to noise levels at or The major findings from these studies, multiple exposures, but the resulting exceeding those where PTS could be which include the following, highlight TTS will be less than the TTS from a incurred. general concepts that are thought to be single, continuous exposure with the Based on measurements of received applicable across all types of sounds: same SEL (Finneran et al., 2010a; sound levels during previous launches • The amount of TTS varies with the Kastelein et al., 2014a; Kastelein et al., at SNI (Burke 2017; Holst et al., 2010; hearing test frequency. As the exposure 2015b; Mooney et al., 2009b). This Holst et al., 2005a; Holst et al., 2008; SPL increases, the frequency at which means that TTS predictions based on Holst et al., 2011; Ugoretz 2016; Ugoretz the maximum TTS occurs also increases the total, cumulative SEL will and Greene Jr. 2012), the Navy expects (Kastelein et al., 2014b). For high-level overestimate the amount of TTS from that there is a very limited potential of exposures, the maximum TTS typically intermittent exposures such as sonars TTS for a few of the pinnipeds present, occurs one-half to one octave above the and impulsive sources. particularly for phocids. Available exposure frequency (Finneran et al., • The amount of observed TTS tends evidence from launch monitoring at SNI 2007; Mooney et al., 2009a; Nachtigall to decrease with increasing time in 2001–2017 suggests that only a small et al., 2004; Popov et al., 2011; Popov following the exposure; however, the number of launch events produced et al., 2013; Schlundt et al., 2000). The relationship is not monotonic (i.e., sound levels that could elicit TTS for overall spread of TTS from tonal increasing exposure does not always some pinnipeds (Burke 2017; Holst et exposures can therefore extend over a increase TTS). The time required for al., 2008; Holst et al., 2011; Ugoretz large frequency range (i.e., narrowband complete recovery of hearing depends 2016; Ugoretz and Greene Jr. 2012). In exposures can produce broadband on the magnitude of the initial shift; for general, if any TTS were to occur to [greater than one octave] TTS). relatively small shifts recovery may be pinnipeds, it is expected to be mild and • The amount of TTS increases with complete in a few minutes, while large reversible. It is possible that some exposure SPL and duration and is shifts (e.g., ∼40 dB) may require several launch sounds as measured close to the correlated with sound exposure level days for recovery. Under many launchers may exceed the permanent (SEL), especially if the range of circumstances TTS recovers linearly threshold shift (PTS) criteria, but it is exposure durations is relatively small with the logarithm of time (Finneran et not expected that any pinnipeds would (Kastak et al., 2007; Kastelein et al., al., 2010a, 2010b; Finneran and be close enough to the launchers to be 2014b; Popov et al., 2014). As the Schlundt, 2013; Kastelein et al., 2012a; exposed to sounds strong enough to exposure duration increases, however, Kastelein et al., 2012b; Kastelein et al., cause PTS. Due to the expected sound the relationship between TTS and SEL 2013a; Kastelein et al., 2014a, 2014b; levels of the activities proposed and the begins to break down. Specifically, Kastelein et al., 2014c; Popov et al., distance of the activity from marine duration has a more significant effect on 2011; Popov et al., 2013; Popov et al., mammal habitat, the effects of sounds TTS than would be predicted on the 2014). This means that for each from the proposed activities are unlikely basis of SEL alone (Finneran et al., doubling of recovery time, the amount to result in PTS.

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Physiological Stress (cortisol, corticosterone, and Behavioral Disturbance There is growing interest in aldosterone in marine mammals; see Behavioral responses to sound are monitoring and assessing the impacts of Romano et al., 2004) have been equated highly variable and context-specific. stress responses to sound in marine with stress for many years. Many different variables can influence animals. Classic stress responses begin Because there are many unknowns an animal’s perception of and response when an animal’s central nervous regarding the occurrence of acoustically to (nature and magnitude) an acoustic system perceives a potential threat to its induced stress responses in marine event. An animal’s prior experience homeostasis. That perception triggers mammals, it is assumed that any with a sound or sound source affects stress responses regardless of whether a physiological response (e.g., hearing whether it is less likely (habituation) or stimulus actually threatens the animal; loss or injury) or significant behavioral more likely (sensitization) to respond to the mere perception of a threat is response is also associated with a stress certain sounds in the future (animals sufficient to trigger a stress response response. can also be innately predisposed to (Moberg, 2000; Sapolsky et al., 2005; Auditory Masking respond to certain sounds in certain Seyle, 1950). Once an animal’s central ways) (Southall et al., 2007). Related to nervous system perceives a threat, it Sound can disrupt behavior through the sound itself, the perceived nearness mounts a biological response or defense masking, or interfering with, an animal’s of the sound, bearing of the sound that consists of a combination of the ability to detect, recognize, or (approaching vs. retreating), the four general biological defense discriminate between acoustic signals of similarity of a sound to biologically responses: behavioral responses, interest (e.g., those used for intraspecific relevant sounds in the animal’s autonomic nervous system responses, communication and social interactions, environment (i.e., calls of predators, neuroendocrine responses, or immune prey detection, predator avoidance, or prey, or conspecifics), and familiarity of responses. navigation) (Richardson et al., 1995; the sound may affect the way an animal According to Moberg (2000), in the Erbe and Farmer, 2000; Tyack, 2000; responds to the sound (Southall et al., case of many stressors, an animal’s first Erbe et al., 2016). Masking occurs when 2007, DeRuiter et al., 2013). Individuals and sometimes most economical (in the receipt of a sound is interfered with (of different age, gender, reproductive terms of biotic costs) response is by another coincident sound at similar status, etc.) among most populations behavioral avoidance of the potential frequencies and at similar or higher will have variable hearing capabilities, stressor or avoidance of continued intensity, and may occur whether the and differing behavioral sensitivities to exposure to a stressor. An animal’s sound is natural (e.g., snapping shrimp, sounds that will be affected by prior second line of defense to stressors wind, waves, precipitation) or conditioning, experience, and current involves the sympathetic part of the anthropogenic (e.g., shipping, sonar, activities of those individuals. Often, autonomic nervous system and the seismic exploration) in origin. As specific acoustic features of the sound classical ‘‘fight or flight’’ response described in detail in the 2020 PMSR and contextual variables (i.e., proximity, which includes the cardiovascular DSEIS/OEIS, the ability of a noise duration, or recurrence of the sound or system, the gastrointestinal system, the source to mask biologically important the current behavior that the marine exocrine glands, and the adrenal sounds depends on the characteristics of mammal is engaged in or its prior medulla to produce changes in heart both the noise source and the signal of experience), as well as entirely separate rate, blood pressure, and gastrointestinal interest (e.g., signal-to-noise ratio, factors such as the physical presence of activity that humans commonly temporal variability, direction), in a nearby vessel, may be more relevant associate with ‘‘stress.’’ These responses relation to each other and to an animal’s to the animal’s response than the have a relatively short duration and may hearing abilities (e.g., sensitivity, received level alone. or may not have significant long-term frequency range, critical ratios, Controlled experiments with captive effect on an animal’s welfare. frequency discrimination, directional marine mammals have shown An animal’s third line of defense to discrimination, age, or TTS hearing pronounced behavioral reactions, stressors involves its neuroendocrine loss), and existing ambient noise and including avoidance of loud underwater systems or sympathetic nervous propagation conditions. Masking these sound sources (Ridgway et al., 1997; systems; the system that has received acoustic signals can disturb the behavior Finneran et al., 2003). These may be of the most study has been the of individual animals, groups of limited relevance to the proposed hypothalmus-pituitary-adrenal system animals, or entire populations. Masking activities given that airborne sound, and (also known as the HPA axis in can lead to behavioral changes not underwater sound, may result in mammals or the hypothalamus- including vocal changes (e.g., Lombard harassment of marine mammals as a pituitary-interrenal axis in fish and effect, increasing amplitude, or result of the proposed activities; some reptiles). Unlike stress responses changing frequency), cessation of however we present this information as associated with the autonomic nervous foraging, and leaving an area, to both background on the potential impacts of system, virtually all neuro-endocrine signalers and receivers, in an attempt to sound on marine mammals. Observed functions that are affected by stress— compensate for noise levels (Erbe et al., responses of wild marine mammals to including immune competence, 2016). Masking only occurs in the loud pulsed sound sources (typically reproduction, metabolism, and presence of the masking noise and does seismic guns or acoustic harassment behavior—are regulated by pituitary not persist after the cessation of the devices) have been varied but often hormones. Stress-induced changes in noise. Masking may lead to a change in consist of avoidance behavior or other the secretion of pituitary hormones have vocalizations or a change in behavior behavioral changes suggesting been implicated in failed reproduction (e.g., cessation of foraging, leaving an discomfort (Morton and Symonds, 2002; (Moberg, 1987; Rivier and Rivest, 1991), area). There are no direct observations Thorson and Reyff, 2006; see also altered metabolism (Elasser et al., 2000), of masking in marine mammals due to Gordon et al., 2004; Wartzok et al., reduced immune competence (Blecha, exposure to sound from explosive 2003; Nowacek et al., 2007). 2000), and behavioral disturbance detonations or launches and nor would The onset of noise can result in (Moberg, 1987; Blecha, 2000). Increases they be predicted given the shorter temporary, short-term changes in an in the circulation of glucocorticosteroids duration of these sounds. animal’s typical behavior and/or

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avoidance of the affected area. These quantitatively inform a take estimate, important reproductive or young-rearing behavioral changes may include: and the method for predicting Level B behaviors, among other effects. reduced/increased vocal activities; harassment in this proposed rule does Behavioral Disturbance from SNI changing/cessation of certain behavioral consider distance to the source. Other Target and Missile Launches— activities (such as socializing or factors are often considered Pinnipeds may be exposed to airborne feeding); visible startle response or qualitatively in the analysis of the likely sounds that have the potential to result aggressive behavior; avoidance of areas consequences of sound exposure, where in behavioral harassment, depending on where sound sources are located; and/ supporting information is available. an animal’s distance from the sound and or flight responses (Richardson et al., Exposure of marine mammals to the type of missile being launched. 1995). sound sources can result in, but is not Sound could cause hauled out The biological significance of many of limited to, no response or any of the pinnipeds to exhibit changes in their these behavioral disturbances is difficult following observable responses: normal behavior, such as temporarily to predict, especially if the detected Increased alertness; orientation or abandoning their habitat. disturbances appear minor. However, attraction to a sound source; vocal Responses of pinnipeds on beaches the consequences of behavioral modifications; cessation of feeding; exposed to acoustic disturbance arising modification could potentially be cessation of social interaction; alteration from launches are highly variable. biologically significant if the change of movement or diving behavior; habitat Harbor seals can be more reactive when affects growth, survival, or abandonment (temporary or permanent); hauled out compared to other species, reproduction. The onset of behavioral and, in severe cases, panic, flight, such as northern elephant seals. disturbance from anthropogenic sound stampede, or stranding, potentially Northern elephant seals generally depends on both external factors resulting in death (Southall et al., 2007). exhibit no reaction at all, except perhaps a heads-up response or some (characteristics of sound sources and A review of marine mammal responses stirring. If northern elephant seals do their paths) and the specific to anthropogenic sound was first react, it may occur if California sea lions characteristics of the receiving animals conducted by Richardson (1995). More are in the same area mingled with the (hearing, motivation, experience, recent reviews (Nowacek et al., 2007; northern elephant seals and the sea demography) and is difficult to predict DeRuiter et al., 2012 and 2013; Ellison lions react strongly. Responsiveness also (Southall et al., 2007). et al., 2012; Gomez et al., 2016) address Ellison et al. (2012) outlined an varies with time of year and age class, studies conducted since 1995 and approach to assessing the effects of with juvenile pinnipeds being more focused on observations where the sound on marine mammals that likely to react by leaving the haulout received sound level of the exposed incorporates contextual-based factors. site. The probability and type of marine mammal(s) was known or could The authors recommend considering not behavioral response will also depend on just the received level of sound, but also be estimated. Gomez et al. (2016) the season, the group composition of the the activity the animal is engaged in at conducted a review of the literature pinnipeds, and the type of activity in the time the sound is received, the considering the contextual information which they are engaged. For example, in nature and novelty of the sound (i.e., is of exposure in addition to received level some cases, harbor seals at SNI appear this a new sound from the animal’s and found that higher received levels to be more responsive during the perspective), and the distance between were not always associated with more pupping/breeding season (Holst et al. the sound source and the animal. They severe behavioral responses and vice 2005a; Holst et al. 2008), while in submit that this ‘‘exposure context,’’ as versa. Southall et al. (2016) states that others, mothers and pups seem to react described, greatly influences the type of results demonstrate that some less to launches than lone individuals behavioral response exhibited by the individuals of different species display (Ugoretz and Greene Jr. 2012), and animal. Forney et al. (2017) also point clear yet varied responses, some of California sea lions seem to be out that an apparent lack of response which have negative implications, while consistently less responsive during the (e.g., no displacement or avoidance of a others appear to tolerate high levels, and pupping season (Holst et al. 2010; Holst sound source) may not necessarily mean that responses may not be fully et al. 2005a; Holst et al. 2008; Holst et there is no cost to the individual or predictable with simple acoustic al. 2011; Holst et al. 2005b; Ugoretz and population, as some resources or exposure metrics (e.g., received sound Greene Jr. 2012). Though pup habitats may be of such high value that level). Rather, the authors state that abandonment could theoretically result animals may choose to stay, even when differences among species and from these reactions, site-specific experiencing stress or hearing loss. individuals along with contextual monitoring data indicate that pup Forney et al. (2017) recommend aspects of exposure (e.g., behavioral abandonment is not likely to occur as a considering both the costs of remaining state) appear to affect response result of the specified activity because it in an area of noise exposure such as probability. has not been previously observed. While TTS, PTS, or masking, which could lead During an activity with a series of the reactions are variable, and can to an increased risk of predation or explosions (not concurrent multiple involve abrupt movements by some other threats or a decreased capability to explosions shown in a burst), an animal individuals, biological impacts of these forage, and the costs of displacement, is expected to exhibit a startle reaction responses appear to be limited. The including potential increased risk of to the sound of the first detonation responses are not expected to result in vessel strike, increased risks of followed by another behavioral response significant injury or mortality, or long- predation or competition for resources, after multiple detonations. At close term negative consequences to or decreased habitat suitable for ranges and high sound levels, avoidance individuals or pinniped populations on foraging, resting, or socializing. This of the area around the explosions is the SNI. sort of contextual information is assumed behavioral response in most Habituation can occur when an challenging to predict with accuracy for cases. In certain circumstances, animal’s response to a stimulus wanes ongoing activities that occur over large exposure to loud sounds can interrupt with repeated exposure, usually in the spatial and temporal expanses. feeding behaviors and potentially absence of unpleasant associated events However, distance is one contextual decrease foraging success, interfere with (Wartzok et al., 2003). Animals are most factor for which data exist to communication or migration, or disrupt likely to habituate to sounds that are

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predictable and unvarying. The opposite al., 1999; Bejder and Lusseau, 2008; into the hull of the ship, increasing the process is sensitization, when an Bejder et al., 2009; Bryant et al., 1984; probability of propeller strikes. unpleasant experience leads to Corkeron, 1995; Erbe, 2002; Fe´lix, 2001; There are some key differences subsequent responses, often in the form Goodwin and Cotton, 2004; Lemon et between the operation of military and of avoidance, at a lower level of al., 2006; Lusseau, 2003; Lusseau, 2006; non-military vessels, which make the exposure. Behavioral state may affect Magalhaes et al., 2002; Nowacek et al., likelihood of a military vessel striking a the type of response as well. For 2001; Richter et al., 2003; Scheidat et whale lower than some other vessels example, animals that are resting may al., 2004; Simmonds, 2005; Watkins, (e.g., commercial merchant vessels). Key show greater behavioral change in 1986; Williams et al., 2002; Wursig et differences include: response to disturbing sound levels than al., 1998). Several authors suggest that • Many military ships have their animals that are highly motivated to the noise generated during motion is bridges positioned closer to the bow, remain in an area for feeding probably an important factor (Blane and offering better visibility ahead of the (Richardson et al., 1995; NRC, 2003; Jaakson, 1994; Evans et al., 1992; Evans ship (compared to a commercial Wartzok et al., 2003). et al., 1994). Water disturbance may also merchant vessel); It is possible that launch-induced be a factor. These studies suggest that • There are often aircraft associated flushing or stampedes could have the behavioral responses of marine with the training or testing activity adverse impacts on individual mammals to surface vessels are similar (which can serve as Lookouts), which pinnipeds on the west end of SNI. to their behavioral responses to can more readily detect cetaceans in the Bowles and Stewart (1980) reported that predators. Avoidance behavior is vicinity of a vessel or ahead of a vessel’s harbor seals on San Miguel Island expected to be even stronger in the present course before crew on the vessel reacted to low-altitude jet overflights subset of instances during which the would be able to detect them; • with alert postures and often with rapid Navy is conducting training or testing Military ships are generally more movement across the haulout sites, activities using explosives. maneuverable than commercial especially when aircraft were visible. The marine mammals most vulnerable merchant vessels, and if cetaceans are However, on SNI during missile to vessel strikes are those that spend spotted in the path of the ship, could be launches in 2001–2017, there was no extended periods of time at the surface capable of changing course more evidence of launch noise-related in order to restore oxygen levels within quickly; • injuries or deaths (Burke 2017; Holst et their tissues after deep dives (e.g., sperm The crew size on military vessels is al. 2010; Holst et al. 2005a; Holst et al. whales). In addition, some baleen generally larger than merchant ships, 2008; Holst et al. 2011; Ugoretz 2016; whales seem generally unresponsive to allowing for stationing more trained Ugoretz and Greene Jr. 2012). On several vessel sound, making them more Lookouts on the bridge. At all times occasions, harbor seals and California susceptible to vessel collisions when Navy vessels are underway, sea lion adults moved near and (Nowacek et al., 2004). These species trained Lookouts and bridge navigation sometimes over older pups (i.e., greater are primarily large, slow moving teams are used to detect objects on the than four months old) as the animals whales. surface of the water ahead of the ship, moved in response to the launch noises, Some researchers have suggested the including cetaceans. Additional but the pups were not injured (Holst et relative risk of a vessel strike can be Lookouts, beyond those already al., 2010; Holst et al., 2005a; Holst et al., assessed as a function of animal density stationed on the bridge and on 2008; Holst et al., 2011; Ugoretz and and the magnitude of vessel traffic (e.g., navigation teams, are positioned as Greene Jr. 2012). Fonnesbeck et al., 2008; Vanderlaan et Lookouts during some training events; al., 2008). Differences among vessel and Vessel Strike types also influence the probability of a • When submerged, submarines are Vessel strikes from commercial, vessel strike. The ability of any ship to generally slow moving (to avoid recreational, and military vessels are detect a marine mammal and avoid a detection) and therefore marine known to affect large whales and have collision depends on a variety of factors, mammals at depth with a submarine are resulted in serious injury and occasional including environmental conditions, likely able to avoid collision with the fatalities to cetaceans (Berman- ship design, size, speed, and ability and submarine. When a submarine is Kowalewski et al., 2010; Calambokidis, number of personnel observing, as well transiting on the surface, there are 2012; Douglas et al., 2008; Laggner as the behavior of the animal. Vessel Lookouts serving the same function as 2009; Lammers et al., 2003). Records of speed, size, and mass are all important they do on surface ships. collisions date back to the early 17th factors in determining if injury or death While there have been vessel strikes century, and the worldwide number of of a marine mammal is likely due to a documented with commercial vessels, collisions appears to have increased vessel strike. For large vessels, speed NMFS has no documented vessel strikes steadily during recent decades (Laist et and angle of approach can influence the of marine mammals by the Navy in the al., 2001; Ritter 2012). severity of a strike. For example, PMSR Study Area since the Navy Numerous studies of interactions Vanderlaan and Taggart (2007) found started keeping records of ship strike in between surface vessels and marine that, between vessel speeds of 8.6 and 1995. The only large Navy vessels mammals have demonstrated that free- 15 knots, the probability that a vessel homebased in the PMSR local area (Port ranging marine mammals often, but not strike is lethal increases from 0.21 to Hueneme) are the Self Defense Test always (e.g., McKenna et al., 2015), 0.79. Large whales also do not have to Ship and the Mobile Ship Target, which engage in avoidance behavior when be at the water’s surface to be struck. are both greater than 200 ft in length. surface vessels move toward them. It is Silber et al. (2010) found when a whale There are smaller vessels used either as not clear whether these responses are is below the surface (about one to two targets or for target recovery as well. The caused by the physical presence of a times the vessel draft), under certain majority of Navy vessels (e.g., LCS, surface vessel, the underwater noise circumstances (vessel speed and destroyers) used during testing and generated by the vessel, or an location of the whale relative to the training on the PMSR Study Area transit interaction between the two (Amaral ship’s centerline), there is likely to be a from San Diego Navy bases and and Carlson, 2005; Au and Green, 2000; pronounced propeller suction effect. typically transit further offshore and Bain et al., 2006; Bauer 1986; Bejder et This suction effect may draw the whale enter/exit the PMSR Study Area from

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the southwestern boundaries to avoid Study Area from 2011 through 2015 was be taken to avoid collision and so commercial vessel traffic in and out of below 12 knots. This median speed vessels can be stopped within a distance the Ports or Los Angeles/Long Beach via includes those training and testing appropriate to the prevailing the Santa Barbara Channel. operations that require elevated speeds, circumstances and conditions. In The Navy transits at safer speeds and and being slightly above 10 knots, addition to complying with navigation has other protective measures in place indicates that Naval vessels typically requirements, Navy ships transit at during transits, such as using Lookouts operate at speeds that would be speeds that are optimal for fuel and maintaining safe distances from expected to reduce the potential of conservation, to maintain ship marine mammals (e.g., 500 yd (457.2 m) vessel strike of a marine mammal. schedules, and to meet mission for whales and 200 yd (182.88 m) The Navy has several standard requirements. Vessel captains use the around other marine mammals except operating procedures for vessel safety totality of the circumstances to ensure bow-riding dolphins and pinnipeds that could result in a secondary benefit the vessel is traveling at appropriate hauled out on man-made navigational to marine mammals through a reduction speeds in accordance with navigation. structures, port structures, and vessels). in the potential for vessel strike. For This Navy message is also consistent A DoD funded study (Mintz, 2016) on example, ships operated by or for the with a message issued by the U.S. Coast commercial and military vessel traffic in Navy have personnel assigned to stand Guard for vessels operating in the 11th Southern California found that median watch at all times, day and night, when district (covering the waters in and vessel speed for Navy vessels in the moving through the water (i.e., when the around the PMSR) as a Notice to Santa Barbara Channel and nearshore vessel is underway). Watch personnel Mariners that also informs operators areas of the PMSR Study Area and undertake extensive training in about the presence of populations of SOCAL (part of the HSTT Study Area) accordance with the U.S. Navy Lookout blue, humpback, and fin whales in the was between 3 to 8 knots. Speed Training Handbook or civilian area (see U.S. Coast Guard (2019) for increased as vessels transited further equivalent. A primary duty of watch further details). offshore, between 10–16 knots, with the personnel is to ensure safety of the ship, higher value on the furthest offshore which includes the requirement to For more information, please see areas of the PMSR Study Area. detect and report all objects and section 3.7.1.1.1 Vessels as a Strike Commercial tankers and cargo median disturbances sighted in the water that Stressor in the 2020 PMSR DEIS/OEIS. vessel speeds were between 8–14 knots may be indicative of a threat to the ship Additionally, the Navy has fewer vessel for the same nearshore areas. Mintz and its crew, such as debris, a transits than commercial entities in the (2016) indicated that Navy vessels make periscope, surfaced submarine, or PMSR Study Area. To put the PMSR up only 4 percent of the overall vessel surface disturbance. Per safety Navy vessel operations level in traffic off Southern California (PMSR/ requirements, watch personnel also perspective, Table 6 includes an SOCAL). The data collected for Mintz report any marine mammals sighted that estimate of annual commercial shipping (2016) was collected via AIS for have the potential to be in the direct activity compared with vessel use in the commercial vessel data and SeaLink for path of the ship, as a standard collision PMSR Study Area. These annual military vessels (a classified Navy/Coast avoidance procedure. Navy vessels are estimates are representable of any given Guard database maintained by the required to operate in accordance with year as proposed for this rule. Navy Office of Naval Intelligence). The applicable navigation rules. These rules vessels account for only about nine median surface speed of two of the require that vessels proceed at a safer percent of the vessel traffic within the classes of vessels used on the PMSR speed so proper and effective action can PMSR Study Area.

Table 6--Navy and Commercial Vessel Events on the PMSR Study Area

Pf0ject5hip$ SUpportBoatl Smalt SU 8oats .. Total PMSR Navy Commeraat Shipping Estimate >7,a, 1 "'Event' is defined as one trip mto the sea 111111e for an assigned mfssiOn. :a Total number of HSM$T$ and osnss used n support boats J Data colleded iS for FY15.

In addition, large Navy vessels primary duty of personnel standing procedure. All vessels proceed at a safer (greater than 18 m in length) within the watch on surface ships is to detect and speed so they can take proper and offshore areas of range complexes and report all objects and disturbances effective action to avoid a collision with testing ranges operate differently from sighted in the water that may indicate any sighted object or disturbance, and commercial vessels in ways that may a threat to the vessel and its crew, such can be stopped within a distance reduce potential for whale collisions. as debris, a periscope, surfaced appropriate to the prevailing Surface ships operated by or for the submarine, or surface disturbance. Per circumstances and conditions. Navy have multiple personnel assigned vessel safety requirements, personnel Between 2007 and 2009, the Navy to stand watch at all times, when a ship standing watch also report any marine developed and distributed additional or surfaced submarine is moving mammals sighted in the path of the training, mitigation, and reporting tools through the water (underway). A vessel as a standard collision avoidance to Navy operators to improve marine

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mammal protection and to ensure Marine Mammal Habitat Popper et al., 2005). Depending on their compliance with LOA requirements. In Impacts on marine mammal habitat hearing anatomy and peripheral sensory 2009, the Navy implemented Marine are part of the consideration in making structures, which vary among species, Species Awareness Training designed to a finding of negligible impact on the fishes hear sounds using pressure and improve effectiveness of visual species and stocks of marine mammals. particle motion sensitivity capabilities observation for marine resources, Habitat includes, but is not necessarily and detect the motion of surrounding including marine mammals. For over a limited to, rookeries, mating grounds, water (Fay et al., 2008) (terrestrial decade, the Navy has implemented the feeding areas, and areas of similar vertebrates generally only detect Protective Measures Assessment significance. We do not anticipate that pressure). Most marine fishes primarily Protocol software tool, which provides the Navy’s proposed activities would detect particle motion using the inner ear and lateral line system, while some operators with notification of the result in permanent effects on the fishes possess additional morphological required mitigation and a visual display habitats used by the marine mammals in adaptations or specializations that can of the planned training or testing the PMSR Study Area, including the enhance their sensitivity to sound activity location overlaid with relevant availability of prey (i.e., fish and pressure, such as a gas-filled swim environmental data. invertebrates). While it is anticipated bladder (Braun and Grande, 2008; The Navy does not anticipate vessel that the proposed activity may result in strikes and has not requested Popper and Fay, 2011). marine mammals avoiding certain areas Hearing capabilities vary considerably authorization to take marine mammals due to temporary ensonification, this by serious injury or mortality within the between different fish species with data impact to habitat is temporary and only available for just over 100 species PMSR Study Area during training and reversible and was considered in further testing activities. NMFS agrees with the out of the 34,000 marine and freshwater detail earlier in this document, as fish species (Eschmeyer and Fong, Navy’s conclusions based on this behavioral modification. The main qualitative analysis; therefore, NMFS 2016). In order to better understand impact associated with the proposed acoustic impacts on fishes, fish hearing has preliminarily determined that the activity will be temporarily elevated Navy’s decision not to request take groups are defined by species that noise levels and the associated direct possess a similar continuum of authorization for vessel strike of large effects on marine mammals, previously whales is supported by multiple factors, anatomical features which result in discussed in this notice. varying degrees of hearing sensitivity including no previous instances of Effects to Prey—Sound may affect (Popper and Hastings, 2009a). There are strikes by Navy vessels in the PMSR marine mammals through impacts on four hearing groups defined for all fish Study Area, relatively low at-sea days the abundance, behavior, or distribution species (modified from Popper et al., compared to other Navy training and of prey species (e.g., crustaceans, 2014) within this analysis and they testing study areas, fewer vessels used cephalopods, fish, zooplankton). Marine include: Fishes without a swim bladder compared to other Navy training and mammal prey varies by species, season, (e.g., flatfish, sharks, rays, etc.); fishes testing study areas, ways in which the and location and, for some species, is with a swim bladder not involved in larger vessels operate in the PMSR not well documented. Here, we describe hearing (e.g., salmon, cod, pollock, etc.); Study Area, and the mitigation studies regarding the effects of noise on fishes with a swim bladder involved in measures that would be in place to known marine mammal prey. hearing (e.g., sardines, anchovy, herring, further minimize potential vessel strike. Fish utilize the soundscape and etc.); and fishes with a swim bladder In addition to the reasons listed above components of sound in their involved in hearing and high-frequency that make it unlikely that the Navy will environment to perform important hearing (e.g., shad and menhaden). hit a large whale (more maneuverable functions such as foraging, predator Currently, less data are available to ships, larger crew, etc.), the following avoidance, mating, and spawning (e.g., estimate the range of best sensitivity for are additional reasons that vessel strike Zelick et al., 1999; Fay, 2009). The most fishes without a swim bladder. of dolphins and small whales is very likely effects on fishes exposed to loud, In terms of behavioral responses of unlikely. Dating back more than 20 intermittent, low-frequency sounds are fish, Juanes et al. (2017) discuss the years and for as long as it has kept behavioral responses (i.e., flight or potential for negative impacts from records, the Navy has no records of avoidance). Short duration, sharp anthropogenic soundscapes on fish, but individuals of these groups being struck sounds (such as pile driving or air guns) the author’s focus was on broader based by a vessel as a result of Navy activities can cause overt or subtle changes in fish sounds such as ship and boat noise and, further, their smaller size and behavior and local distribution. The sources. Occasional behavioral reactions maneuverability make a strike unlikely. reaction of fish to acoustic sources to intermittent explosions occurring at Also, NMFS has never received any depends on the physiological state of or near the surface are unlikely to cause reports from other authorized activities the fish, past exposures, motivation long-term consequences for individual indicating that these species have been (e.g., feeding, spawning, migration), and fish or populations; there are no struck by vessels. Worldwide ship strike other environmental factors. Key detonations of explosives occurring records show little evidence of strikes of impacts to fishes may include underwater from the proposed these groups from the shipping sector behavioral responses, hearing damage, activities. Fish that experience hearing and larger vessels, and the majority of barotrauma (pressure-related injuries), loss as a result of exposure to explosions the Navy’s activities involving faster- and mortality. may have a reduced ability to detect moving vessels (that could be Fishes, like other vertebrates, have a relevant sounds such as predators, prey, considered more likely to hit a marine variety of different sensory systems to or social vocalizations. However, PTS mammal) are located in offshore areas glean information from ocean around has not been known to occur in fishes where smaller delphinid densities are them (Astrup and Mohl, 1993; Astrup, and any hearing loss in fish may be as lower. Based on this information, NMFS 1999; Braun and Grande, 2008; Carroll temporary as the timeframe required to concurs with the Navy’s assessment that et al., 2017; Hawkins and Johnstone, repair or replace the sensory cells that vessel strike is not likely to occur for 1978; Ladich and Popper, 2004; Ladich were damaged or destroyed (Popper et either large whales or smaller marine and Schulz-Mirbach, 2016; Mann, 2016; al., 2005; Popper et al., 2014; Smith et mammals. Nedwell et al., 2004; Popper et al., 2003; al., 2006). It is not known if damage to

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auditory nerve fibers could occur, and if sunfish, whale sharks, basking sharks, of expended materials are unlikely to so, whether fibers would recover during and manta rays. These species are have measurable effects on overall this process. It is also possible for fish distributed widely in offshore portions populations. Military expended to be injured or killed by an explosion of the PMSR Study Area. Any isolated materials may be colonized over time by in the immediate vicinity of the surface cases of a Navy vessel striking an benthic organisms that prefer hard from dropped or fired ordnance. individual could injure that individual, substrate and would provide structure Physical effects from pressure waves impacting the fitness of an individual that could attract some species of fish or generated by detonations at or near the fish. Vessel strikes would not pose a risk invertebrates. surface could potentially affect fish to most of the other marine fish groups, Overall, the combined impacts of within proximity of training or testing because many fish can detect and avoid sound exposure, explosions, vessel activities. The shock wave from vessel movements, making strikes rare strikes, and military expended materials occurring at or near the surface may be and allowing the fish to return to their resulting from the proposed activities lethal to fish at close range, causing normal behavior after the ship or device would not be expected to have massive organ and tissue damage and passes. As a vessel approaches a fish, measurable effects on populations of internal bleeding (Keevin and Hempen, they could have a detectable behavioral marine mammal prey species. Prey 1997). At greater distance from the or physiological response (e.g., species exposed to sound might move detonation point, the extent of mortality swimming away and increased heart away from the sound source or show no or injury depends on a number of rate) as the passing vessel displaces obvious direct effects at all, but a rapid factors including fish size, body shape, them. However, such reactions are not return to normal recruitment, orientation, and species (Keevin and expected to have lasting effects on the distribution, and behavior is Hempen, 1997; Wright, 1982). At the survival, growth, recruitment, or anticipated. Long-term consequences to same distance from the source, larger reproduction of these marine fish fish or marine invertebrate populations fish are generally less susceptible to groups at the population level and would not be expected as a result of death or injury, elongated forms that are therefore would not have an impact on exposure to sounds or vessels in the round in cross-section are less at risk marine mammal species as prey items. PMSR Study Area. than deep-bodied forms, and fish In addition to fish, prey sources such Acoustic Habitat—Acoustic habitat is oriented sideways to the blast suffer the as marine invertebrates could the soundscape which encompasses all greatest impact (Edds-Walton and potentially be impacted by sound of the sound present in a particular Finneran, 2006; O’Keeffe, 1984; stressors as a result of the proposed location and time, as a whole when O’Keeffe and Young, 1984; Wiley et al., activities. However, most marine considered from the perspective of the 1981; Yelverton et al., 1975). Species invertebrates’ ability to sense sounds is animals experiencing it. Animals with gas-filled organs are more very limited. In most cases, marine produce sound for, or listen for sounds susceptible to injury and mortality than invertebrates would not respond to produced by, conspecifics those without them (Gaspin, 1975; impulsive sounds. Data on response of (communication during feeding, mating, Gaspin et al., 1976; Goertner et al., invertebrates such as squid, another and other social activities), other 1994). marine mammal prey species, to animals (finding prey or avoiding Fish not killed or driven from a anthropogenic sound has been predators), and the physical location by an explosion might change documented (de Soto, 2016; Sole et al., environment (finding suitable habitats, their behavior, feeding pattern, or 2017b). Explosions could kill or injure navigating). Together, sounds made by distribution. Changes in behavior of fish nearby marine invertebrates. Vessels animals and the geophysical have been observed as a result of sound also have the potential to impact marine environment (e.g., produced by produced by explosives, with effect invertebrates by disturbing the water earthquakes, lightning, wind, rain, intensified in areas of hard substrate column or sediments, or directly waves) make up the natural (Wright, 1982). However, Navy would striking organisms (Bishop, 2008). The contributions to the total acoustics of a avoid hard substrate to the best extent propeller wash (water displaced by place. These acoustic conditions, practical in the course of their activities. propellers used for propulsion) from termed acoustic habitat, are one Training and testing exercises involving vessel movement and water displaced attribute of an animal’s total habitat. explosions at or near the surface are from vessel hulls can potentially disturb Soundscapes are also defined by, and dispersed in space and time; therefore, marine invertebrates in the water acoustic habitat influenced by, the total repeated exposure of individual fishes column and is a likely cause of contribution of anthropogenic sound. are unlikely. Mortality and injury effects zooplankton mortality (Bickel et al., This may include incidental emissions to fishes from explosives would be 2011). The localized and short-term from sources such as vessel traffic or localized around the area of a given exposure to at or near the surface may be intentionally introduced to the explosion, but only if individual fish explosions or vessels could displace, marine environment for data acquisition and the explosive at the surface were co- injure, or kill zooplankton, invertebrate purposes (e.g., as in the use of air gun located at the same time. Fishes deeper eggs or larvae, and macro-invertebrates. arrays) or for Navy training and testing in the water column or on the bottom However, mortality or long-term purposes (as in the use of explosives, would not be affected by surface consequences for a few animals is and target and missile launches on SNI). explosions. Long-term consequences for unlikely to have measurable effects on Anthropogenic noise varies widely in its fish populations, including key prey overall populations. Long-term frequency, content, duration, and species within the PMSR Study Area, consequences to marine invertebrate loudness, and these characteristics would not be expected. populations would not be expected as a greatly influence the potential habitat- Vessels and in-water devices do not result of exposure to sounds of vessels mediated effects to marine mammals, normally collide with adult fish, most of in the PMSR Study Area. which may range from local effects for which can detect and avoid them. Military expended materials resulting brief periods of time to chronic effects Exposure of fishes to vessel strike from training and testing activities over large areas and for long durations. stressors is limited to those fish groups could potentially result in minor long- Depending on the extent of effects to that are large, slow-moving, and may term changes to benthic habitat, habitat, animals may alter their occur near the surface, such as ocean however the impacts of small amounts communications signals (thereby

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potentially expending additional explosives and their degradation activity is not expected to cause energy) or miss acoustic cues (either products means that concentrations of significant impacts or have permanent, conspecific or adventitious). Problems these contaminants in the marine adverse effects on pinniped habitats or arising from a failure to detect cues are environment are relatively low and on their foraging habitats and prey. more likely to occur when noise stimuli readily diluted. Furthermore, while Estimated Take of Marine Mammals are chronic and overlap with explosives and their degradation biologically relevant cues used for products were detectable in marine This section indicates the number of communication, orientation, and sediment approximately 6–12 in (0.15– takes that NMFS is proposing to predator/prey detection (Francis and 0.3 m) away from degrading ordnance, authorize, which is based on the Barber, 2013). For more detail on these the concentrations of these compounds maximum amount that is reasonably concepts see, e.g., Barber et al., 2009; were not statistically distinguishable likely to occur, depending on the type Pijanowski et al., 2011; Francis and from background beyond 3–6 ft (1–2 m) of take and the methods used to Barber, 2013; Lillis et al., 2014. We do from the degrading ordnance. Taken estimate it, as described in detail below. not anticipate these problems arising together, it is possible that marine NMFS coordinated closely with the from at or near surface explosions or mammals could be exposed to Navy in the development of their from launched targets and missiles degrading explosives, but it would be incidental take application, and produced during training and testing within a very small radius of the preliminarily agrees that the methods activities as they would be more widely explosive (1–6 ft (0.3–2 m)). the Navy has put forth described herein dispersed or concentrated in small areas Equipment used by the Navy within to estimate take (including the model, for shorter periods of time. the PMSR Study Area, including ships thresholds, and density estimates), and Anthropogenic noise attributable to and other marine vessels, aircraft, and the resulting numbers estimated for Navy testing and training activities in other equipment, are also potential authorization, are appropriate and based the PMSR Study Area emanates from sources of by-products. All equipment is on the best available science. multiple sources including explosives, properly maintained in accordance with All takes are by harassment. For a vessels, and launched targets and applicable Navy and legal requirements. military readiness activity, the MMPA missiles occurring in the vicinity of All such operating equipment meets defines ‘‘harassment’’ as (i) Any act that pinniped haul out sites. Sound Federal water quality standards, where injures or has the significant potential to produced from training and testing applicable. injure a marine mammal or marine activities in the PMSR Study Area Airborne Launch Sounds on SNI— mammal stock in the wild (Level A would be temporary and transitory; the Various beaches around SNI are used by Harassment); or (ii) Any act that affected area would be expected to pinnipeds as places to rest, molt, and disturbs or is likely to disturb a marine immediately return to the original state breed. These beaches consist of sand mammal or marine mammal stock in the when these activities cease. (e.g., Red Eye Beach), rock ledges (e.g., wild by causing disruption of natural Water Quality—Training and testing Phoca Reef), and rocky cobble (e.g., behavioral patterns, including, but not activities may introduce water quality Bachelor Beach). Pinnipeds continue to limited to, migration, surfacing, nursing, constituents into the water column. use beaches around the western end of breeding, feeding, or sheltering, to a Based on the analysis of the 2020 PMSR SNI, and indeed are expanding their use point where such behavioral patterns DSEIS/OEIS, military expended of some beaches despite ongoing launch are abandoned or significantly altered materials (e.g., undetonated explosive activities for many years. Similarly, it (Level B Harassment). No serious injury materials) would be released in appears that sounds from prior launches or mortality of marine mammals is quantities and at rates that would not have not affected pinniped use of expected to occur. result in a violation of any water quality coastal areas at VAFB. Proposed authorized takes would standard or criteria. NMFS has reviewed Pinnipeds forage in the open ocean primarily be in the form of Level B this analysis and concurs that it reflects and in the waters near SNI; however, harassment, as use of the explosive the best available science. High-order the airborne launch sounds would not sources and may result, either directly explosions consume most of the persist in the water near SNI. Therefore, or as result of TTS, in the disruption of explosive material, creating typical it is not expected that the launch natural behavioral patterns to a point combustion products. For example, in activities would impact prey resources, where they are abandoned or the case of the Royal Demolition Essential Fish Habitat (EFH), or feeding significantly altered (as defined Explosive, 98 percent of the products success of pinnipeds. Three types of specifically at the beginning of this are common seawater constituents and EFH are present in the activity area: section, but referred to generally as the remainder is rapidly diluted below Groundfish, coastal pelagic species, and behavioral disruption). There is also the threshold effect level. Explosion by- highly migratory species, as well as potential for Level A harassment, in the products associated with high order canopy kelp Habitat Areas of Particular form of auditory injury to result from detonations present no secondary Concern (HAPC). However, none of exposure to the sound sources utilized stressors to marine mammals through these types of EFH or HAPC will be in training and testing activities. sediment or water. However, low order impacted by the proposed activity. Generally speaking, for acoustic detonations and unexploded ordnance Boosters from missiles (e.g., jet- impacts NMFS estimates the amount present elevated likelihood of impacts assisted take off rocket bottles for BQM and type of harassment by considering: on marine mammals. drone missiles) may be jettisoned (1) Acoustic thresholds above which Indirect effects of explosives and shortly after launch and fall on the NMFS believes the best available unexploded ordnance to marine island and would be collected, but are science indicates marine mammals will mammals via sediment is possible in the not expected to impact beaches. Fuel be taken by Level B harassment or incur immediate vicinity of the ordnance. contained in these boosters is consumed some degree of temporary or permanent Degradation products of the Royal rapidly and completely, so there would hearing impairment; (2) the area or Demolition Explosive are not toxic to be no risk of contamination even in the volume of water that will be ensonified marine organisms at realistic exposure very unlikely event that a booster did above these levels in a day or event; (3) levels (Rosen and Lotufo, 2010). land on a beach or nearshore waters. the density or occurrence of marine Relatively low solubility of most Overall, the proposed missile launch mammals within these ensonified areas;

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and (4) the number of days of activities incorporated into the thresholds (e.g., harassment) to five different marine or events. context). So, while the behavioral mammal groups (based on hearing harassment thresholds have been Acoustic Thresholds sensitivity) as a result of exposure to refined here to better consider the best noise from two different types of Using the best available science, available science (e.g., incorporating sources (impulsive or non-impulsive). NMFS, in coordination with the Navy, both received level and distance), they The Acoustic Technical Guidance also has established acoustic thresholds that also still have some built-in identifies criteria to predict TTS, which identify the most appropriate received conservative factors to address the is not considered injury and falls into level of underwater sound above which challenge noted. For example, while the Level B harassment category. The marine mammals exposed to these duration of observed responses in the Navy’s proposed activity only includes sound sources could be reasonably data are now considered in the the use of impulsive (explosives) expected to directly experience a thresholds, many of the responses that disruption in behavior patterns to a are informing take thresholds are of a sources. These thresholds (Table 7) were point where they are abandoned or very short duration, such that it is developed by compiling and significantly altered, to incur TTS possible that responses will not rise to synthesizing the best available science (equated to Level B harassment), or to the level of disrupting behavior patterns and soliciting input multiple times from incur PTS of some degree (equated to to a point where they are abandoned or both the public and peer reviewers. The Level A harassment). Thresholds have significantly altered. We describe the references, analysis, and methodology also been developed to identify the application of this behavioral used in the development of the pressure levels above which animals harassment threshold as identifying the thresholds are described in Acoustic may incur non-auditory injury from maximum number of instances in which Technical Guidance, which may be exposure to pressure waves from marine mammals could be reasonably accessed at: https:// explosive detonation. Refer to the expected to experience a disruption in www.fisheries.noaa.gov/national/ Criteria and Thresholds for U.S. Navy behavior patterns to a point where they marine-mammal-protection/marine- Acoustic and Explosive Effects Analysis are abandoned or significantly altered. mammal-acoustic-technical-guidance. (Phase III) report (U.S. Department of In summary, we believe these Based on the best available science, the Navy, 2017c) for detailed behavioral harassment thresholds are information on how the criteria and the most appropriate method for the Navy (in coordination with NMFS) thresholds were derived. predicting Level B harassment by used the acoustic and pressure Despite the quickly evolving science, behavioral disturbance given the best thresholds indicated in Table 7 to there are still challenges in quantifying available science and the associated predict the onset of TTS, PTS, tissue expected behavioral responses that uncertainty. damage, and mortality for explosives qualify as take by Level B harassment, (impulsive) and other impulsive sound especially where the goal is to use one Hearing Impairment (TTS/PTS), Tissues sources. or two predictable indicators (e.g., Damage, and Mortality received level and distance) to predict NMFS’ Acoustic Technical Guidance responses that are also driven by (NMFS, 2018) identifies dual criteria to additional factors that cannot be easily assess auditory injury (Level A

TABLE 7—ONSET OF TTS, PTS, TISSUE DAMAGE, AND MORTALITY THRESHOLDS FOR MARINE MAMMALS FOR EXPLOSIVES AND OTHER IMPULSIVE SOURCES

Functional hearing Mean onset slight Mean onset slight Mean onset group Species Onset TTS Onset PTS GI tract injury lung injury mortality

Low-frequency All mysticetes ...... 168 dB SEL 183 dB SEL 237 dB Peak SPL Equation 1 ...... Equation 2 cetaceans. (weighted) or (weighted). or 213 dB Peak 219 dB Peak SPL. SPL. Mid-frequency Most delphinids, 170 dB SEL 185 dB SEL 237 dB Peak SPL. cetaceans. medium and (weighted) or (weighted) or large toothed 224 dB Peak 230 dB Peak whales. SPL. SPL. High-frequency Porpoises and 140 dB SEL 155 dB SEL 237 dB Peak SPL. cetaceans. Kogia spp. (weighted) or (weighted) or 196 dB Peak 202 dB Peak SPL. SPL. Notes: 1/3 1/6 Equation 1: 47.5M (1+[DRm/10.1]) Pa-sec. 1/3 1/6 Equation 2: 103M (1+[DRm/10.1]) Pa-sec. M = mass of the animals in kg. DRm = depth of the receiver (animal) in meters. SPL = sound pressure level.

Refer to the Criteria and Thresholds auditory injury (i.e., other than PTS) The mitigation measures associated for U.S. Navy Acoustic and Explosive and mortality are so unlikely as to be with explosives are expected to be Effects Analysis (Phase III) report (U.S. discountable under normal conditions effective in preventing non-auditory Department of the Navy, 2017c) for and are therefore not considered further tissue damage to any potentially detailed information on how the criteria in this analysis. affected species, and when considered and thresholds were derived. Non- in combination with the modeled

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exposure results, no species are detonations, these responses are Assumptions in the Navy model anticipated to incur non-auditory tissue expected to more typically be in the intentionally err on the side of damage during the period of this rule. form of startle reaction, rather than a overestimation when there are Table 16 indicates the range of effects disruption in natural behavioral unknowns. Naval activities are modeled for tissue damage for different explosive patterns to the point where they are as though they would occur regardless types. The Navy will implement abandoned or significantly altered. On of proximity to marine mammals, mitigation measures (described in the the rare occasion that a single meaning that no mitigation is Proposed Mitigation Measures section) detonation might result in a more severe considered and without any avoidance during explosive activities, including behavioral response that qualifies as of the activity by the animal. The final delaying detonations when a marine Level B harassment, it would be step of the quantitative analysis of mammal is observed in the mitigation expected to be in response to a acoustic effects is to consider the zone. Nearly all explosive events will comparatively higher received level. implementation of mitigation and the occur during daylight hours to improve Accordingly, NMFS considers the possibility that marine mammals would the sightability of marine mammals and potential for these responses to be avoid continued or repeated sound thereby improve mitigation quantitatively accounted for through the exposures. For more information on this effectiveness. Observing for marine application of the TTS threshold, which process, see the discussion in the Take mammals during the explosive activities as noted above is 5dB higher than the Estimation subsection below. Many will include visual methods before the behavioral harassment threshold for explosions from ordnance such as activity begins, in order to cover the multiple explosives. bombs and missiles actually occur upon mitigation zone (e.g., 2,500 yds (2,286 impact with above-water targets. m) for explosive bombs). TABLE 8—THRESHOLDS FOR LEVEL B However, for this analysis, sources such as these were modeled as exploding Behavioral Disturbance HARASSMENT BY BEHAVIORAL DIS- TURBANCE FOR EXPLOSIVES FOR underwater, which overestimates the Though significantly driven by amount of explosive and acoustic MARINE MAMMALS received level, the onset of Level B energy entering the water. harassment by direct behavioral The model estimates the impacts Functional disturbance from anthropogenic noise Medium hearing SEL caused by individual training and exposure is also informed to varying group (weighted) testing exercises. During any individual degrees by other factors related to the modeled event, impacts to individual source (e.g., frequency, predictability, Underwater .... LF ...... 163 animats are considered over 24-hour duty cycle, distance), the environment Underwater .... MF ...... 165 periods. The animats do not represent (e.g., bathymetry), and the receiving Underwater .... HF ...... 135 actual animals, but rather a distribution animals (hearing, motivation, Underwater .... Otariids ..... 183 of animals based on density and Underwater .... Phocids ..... 165 experience, demography, behavioral abundance data, which allows for a context) and can be difficult to predict Note: Weighted SEL thresholds in dB re 1 statistical analysis of the number of (Ellison et al., 2011; Southall et al., μPa2s underwater. LF = low-frequency, MF = instances that marine mammals may be 2007). Based on what the available mid-frequency, HF = high-frequency. exposed to sound levels resulting in an science indicates and the practical need Navy’s Acoustic Effects Model effect. Therefore, the model estimates to use thresholds based on a factor, or the number of instances in which an factors, that are both predictable and The Navy’s Acoustic Effects Model effect threshold was exceeded over the measurable for most activities, NMFS calculates sound energy propagation course of a year, but does not estimate uses generalized acoustic thresholds from sonar and other transducers and the number of individual marine based primarily on received level (and explosives during naval activities and mammals that may be impacted over a distance in some cases) to estimate the the sound received by animat year (i.e., some marine mammals could onset of Level B harassment by dosimeters. Animat dosimeters are be impacted several times, while others behavioral disturbance. virtual representations of marine would not experience any impact). A Explosives—Explosive thresholds for mammals distributed in the area around detailed explanation of the Navy’s Level B harassment by behavioral the modeled naval activity and each Acoustic Effects Model is provided in disturbance for marine mammals are the dosimeter records its individual sound the technical report Quantifying hearing groups’ TTS thresholds minus 5 ‘‘dose.’’ The model bases the Acoustic Impacts on Marine Species: dB (see Table 8 below and Table 7 for distribution of animats over the PMSR Methods and Analytical Approach for the TTS thresholds for explosives) for Study Area on the density values in the Activities at the Point Mugu Sea Range events that contain multiple impulses Navy Marine Species Density Database (U.S. Department of the Navy, 2020). from explosives underwater. This was and distributes animats in the water the same approach as taken in Phase II column proportional to the known time Range to Effects and Phase III for explosive analysis in that species spend at varying depths. The following section provides range other Navy training and testing Study The model accounts for (distance) to effects for explosives, to Areas. See the Criteria and Thresholds environmental variability of sound specific acoustic thresholds determined for U.S. Navy Acoustic and Explosive propagation in both distance and depth using the Navy Acoustic Effects Model. Effects Analysis (Phase III) report (U.S. when computing the received sound Marine mammals exposed within these Department of the Navy, 2017c) for level received by the animats. The ranges for the shown duration are detailed information on how the criteria model conducts a statistical analysis predicted to experience the associated and thresholds were derived. NMFS based on multiple model runs to effect. Range to effects is important continues to concur that this approach compute the estimated effects on information in not only predicting represents the best available science for animals. The number of animats that acoustic impacts, but also in verifying determining behavioral disturbance of exceed the thresholds for effects is the accuracy of model results against marine mammals from multiple tallied to provide an estimate of the real-world situations and determining explosives. While marine mammals may number of marine mammals that could adequate mitigation ranges to avoid also respond to single explosive be affected. higher level effects, especially

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physiological effects to marine from E1 (up to 0.25 lb net explosive the onset of an impact based on SEL mammals. weight) to E10 (up to 500 lb net thresholds. Ranges to non-auditory explosive weight) (Tables 11 through Explosives injury and mortality are shown in 17). Explosive bins not shown on these Tables 16 and 17, respectively. NMFS The following section provides the tables include E2, E4, E7, E11, and E12, has reviewed the range distance to effect range (distance) over which specific as they are not used in the PMSR Study data provided by the Navy and concurs physiological or behavioral effects are Area and therefore not included in with the analysis. For additional expected to occur based on the Tables 11 through 17. Ranges are information on how ranges to impacts explosive criteria (see Section 6, Section determined by modeling the distance from explosions were estimated, see the 6.5.2.1.1 of the Navy’s rulemaking/LOA that noise from an explosion would technical report Quantifying Acoustic application and the Criteria and need to propagate to reach exposure Impacts on Marine Species: Methods Thresholds for U.S. Navy Acoustic and level thresholds specific to a hearing and Analytical Approach for Activities Explosive Effects Analysis (Phase III) group that would cause behavioral at the Point Mugu Sea Range (U.S. report (U.S. Department of the Navy, response (to the degree of Level B Department of the Navy, 2020). 2017c)) and the explosive propagation harassment), TTS, PTS, and non- calculations from the Navy Acoustic auditory injury. Ranges are provided for Table 11 shows the minimum, Effects Model (see Section 6, Section a representative source depth and average, and maximum ranges to onset 6.5.2.1.3, Navy Acoustic Effects Model cluster size for each bin. For events with of auditory and behavioral effects that of the Navy’s rulemaking/LOA multiple explosions, sound from likely rise to the level of Level B application). The range to effects is successive explosions can be expected harassment for high-frequency cetaceans shown for a range of explosive bins, to accumulate and increase the range to based on the developed thresholds.

TABLE 11—SEL-BASED RANGES (METERS) TO ONSET PTS, ONSET TTS, AND LEVEL B HARASSMENT BY BEHAVIORAL DISTURBANCE FOR HIGH-FREQUENCY CETACEANS

Bin Cluster size PTS TTS Behavioral

E1 ...... 1 353 (130–825) 1,234 (290–3,025) 2,141 (340–4,775) 25 1,188 (280–3,025) 3,752 (490–8,525) 5,196 (675–12,275) E3 ...... 1 654 (220–1,525) 2,294 (350–4,775) 3,483 (490–7,775) 12 1,581 (300–3,525) 4,573 (650–10,275) 6,188 (725–14,775) E5 ...... 25 2,892 (440–6,275) 6,633 (725–16,025) 8,925 (800–22,775) E6 ...... 1 1,017 (280–2,525) 3,550 (490–7,775) 4,908 (675–12,275) E8 ...... 1 1,646 (775–2,525) 4,322 (1,525–9,775) 5,710 (1,525–14,275) E9 ...... 1 2,105 (850–4,025) 4,901 (1,525–12,525) 6,700 (1,525–16,775) E10 ...... 1 2,629 (875–5,275) 5,905 (1,525–13,775) 7,996 (1,525–20,025) 1Average distance in meters is depicted above the minimum and maximum distances, which are in parentheses. Notes: SEL = Sound Exposure Level, PTS = permanent threshold shift, TTS = temporary threshold shift.

Table 12 shows the minimum, of auditory and behavioral effects that harassment for mid-frequency cetaceans average, and maximum ranges to onset likely rise to the level of Level B based on the developed thresholds.

TABLE 12—SEL-BASED RANGES (METERS) TO ONSET PTS, ONSET TTS, AND LEVEL B HARASSMENT BY BEHAVIORAL DISTURBANCE FOR MID-FREQUENCY CETACEANS

Bin Cluster Size PTS TTS Behavioral

E1 ...... 1 25 (25–25) 118 (80–210) 178 (100–320) 25 107 (75–170) 476 (150–1,275) 676 (240–1,525) E3 ...... 1 50 (45–65) 233 (110–430) 345 (130–600) 12 153 (90–250) 642 (220–1,525) 897 (270–2,025) E5 ...... 25 318 (130–625) 1,138 (280–3,025) 1,556 (310–3,775) E6 ...... 1 98 (70–170) 428 (150–800) 615 (210–1,525) E8 ...... 1 160 (150–170) 676 (500–725) 942 (600–1,025) E9 ...... 1 215 (200–220) 861 (575–950) 1,147 (650–1,525) E10 ...... 1 275 (250–480) 1,015 (525–2,275) 1,424 (675–3,275) 1Average distance in meters to mortality is depicted above the minimum and maximum distances, which are in parentheses. Notes: SEL = Sound Exposure Level, PTS = permanent threshold shift, TTS = temporary threshold shift.

Table 13 shows the minimum, of auditory and behavioral effects that harassment for low-frequency cetaceans average, and maximum ranges to onset likely rise to the level of Level B based on the developed thresholds.

TABLE 13—SEL-BASED RANGES (METERS) TO ONSET PTS, ONSET TTS, AND LEVEL B HARASSMENT BY BEHAVIORAL DISTURBANCE FOR LOW-FREQUENCY CETACEANS

Bin Cluster size PTS TTS Behavioral

E1 ...... 1 51 (40–70) 227 (100–320) 124 (70–160) 25 205 (95–270) 772 (270–1,275) 476 (190–725)

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TABLE 13—SEL-BASED RANGES (METERS) TO ONSET PTS, ONSET TTS, AND LEVEL B HARASSMENT BY BEHAVIORAL DISTURBANCE FOR LOW-FREQUENCY CETACEANS—Continued

Bin Cluster size PTS TTS Behavioral

E3 ...... 1 109 (65–150) 503 (190–1,000) 284 (120–430) 12 338 (130–525) 1,122 (320–7,775) 761 (240–6,025) E5 ...... 25 740 (220–6,025) 2,731 (460–22,275) 1,414 (350–14,275) E6 ...... 1 250 (100–420) 963 (260–7,275) 617 (200–1,275) E8 ...... 1 460 (170–950) 1,146 (380–7,025) 873 (280–3,025) E9 ...... 1 616 (200–1,275) 1,560 (450–12,025) 1,014 (330–5,025) E10 ...... 1 787 (210–2,525) 2,608 (440–18,275) 1,330 (330–9,025) 1Average distance in meters to mortality is depicted above the minimum and maximum distances, which are in parentheses. Notes: SEL = Sound Exposure Level, PTS = permanent threshold shift, TTS = temporary threshold shift.

TABLE 14—SEL-BASED RANGES (METERS) TO ONSET PTS, ONSET TTS, AND LEVEL B HARASSMENT BY BEHAVIORAL DISTURBANCE FOR OTARIIDS

Bin Cluster size PTS TTS Behavioral

E1 ...... 1 7 (7–7) 34 (30–40) 56 (45–70) 25 30 (25–35) 136 (80–180) 225 (100–320) 10 25 (25–30) 115 (70–150) 189 (95–250) E3 ...... 1 16 (15–19) 70 (50–95) 115 (70–150) 12 45 (35–65) 206 (100–290) 333 (130–450) 12 55 (50–60) 333 (280–750) 544 (440–1,025) E5 ...... 25 98 (60–120) 418 (160–575) 626 (240–1,000) E6 ...... 1 30 (25–35) 134 (75–180) 220 (100–320) E8 ...... 1 50 (50–50) 235 (220–250) 385 (330–450) E9 ...... 1 68 (65–70) 316 (280–360) 494 (390–625) E10 ...... 1 86 (80–95) 385 (240–460) 582 (390–800) 1Average distance in meters to mortality is depicted above the minimum and maximum distances, which are in parentheses. Notes: SEL = Sound Exposure Level, PTS = permanent threshold shift, TTS = temporary threshold shift.

TABLE 15—SEL-BASED RANGES (METERS) TO ONSET PTS, ONSET TTS, AND LEVEL B HARASSMENT BY BEHAVIORAL DISTURBANCE FOR PHOCIDS

Bin Cluster size PTS TTS Behavioral

E1 ...... 1 45 (40–65) 210 (100–290) 312 (130–430) 25 190 (95–260) 798 (280–1,275) 1,050 (360–2,275) E2 ...... 1 58 (45–75) 258 (110–360) 383 (150–550) 10 157 (85–240) 672 (240–1,275) 934 (310–1,525) E3 ...... 1 96 (60–120) 419 (160–625) 607 (220–900) 12 277 (120–390) 1,040 (370–2,025) 1,509 (525–6,275) E5 ...... 25 569 (200–850) 2,104 (725–9,275) 2,895 (825–11,025) E6 ...... 1 182 (90–250) 767 (270–1,275) 1,011 (370–1,775) E8 ...... 1 311 (290–330) 1,154 (625–1,275) 1,548 (725–2,275) E9 ...... 1 416 (350–470) 1,443 (675–2,025) 1,911 (800–3,525) E10 ...... 1 507 (340–675) 1,734 (725–3,525) 2,412 (800–5,025) 1 Average distance (in meters) to PTS, TTS, and behavioral thresholds are depicted above the minimum and maximum distances, which are in parentheses. Values depict the range produced by SEL hearing threshold criteria levels. Notes: SEL = Sound Exposure Level, PTS = permanent threshold shift, TTS = temporary threshold shift.

Table 16 shows the minimum, TABLE 16—RANGES 1 TO 50 PERCENT TABLE 16—RANGES 1 TO 50 PERCENT average, and maximum ranges due to NON-AUDITORY INJURY RISK FOR NON-AUDITORY INJURY RISK FOR varying propagation conditions to non- ALL MARINE MAMMAL HEARING ALL MARINE MAMMAL HEARING auditory injury as a function of animal GROUPS GROUPS—Continued mass and explosive bin (i.e., net explosive weight). Ranges to Range (m) Bin Range (m) gastrointestinal tract injury typically Bin (min-max) (min-max) exceed ranges to slight lung injury; therefore, the maximum range to effect E1 ...... 12 (11–13) E10 ...... 174 (100–480) is not mass-dependent. Animals within E3 ...... 25 (25–30) Note: All ranges to non-auditory injury with- these water volumes would be expected E5 ...... 40 (35–140) in this table are driven by the gastrointestinal to receive minor injuries at the outer E6 ...... 52 (40–120) (GI) tract injury threshold regardless of animal ranges, increasing to more substantial E8 ...... 117 (75–400) mass. injuries, and finally mortality as an E9 ...... 120 (90–290) Ranges to mortality, based on animal animal approaches the detonation point. mass, are shown in Table 17 below.

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TABLE 17—RANGES 1 TO 50 PERCENT MORTALITY RISK FOR ALL MARINE MAMMAL HEARING GROUPS AS A FUNCTION OF ANIMAL MASS

Animal mass intervals (kg) 1 Bin 10 250 1,000 5,000 25,000 72,000

E1 ...... 3 (2–3) 0 (0–3) 0 (0–0) 0 (0–0) 0 (0–0) 0 (0–0) E3 ...... 8 (6–10) 4 (2–8) 1 (0–2) 0 (0–0) 0 (0–0) 0 (0–0) E5 ...... 13 (11–45) 7 (4–35) 3 (3–12) 2 (0–8) 0 (0–2) 0 (0–2) E6 ...... 18 (14–55) 10 (5–45) 5 (3–15) 3 (2–10) 0 (0–3) 0 (0–2) E8 ...... 50 (24–110) 27 (9–55) 13 (0–20) 9 (4–13) 4 (0–6) 3 (0–5) E9 ...... 32 (30–35) 20 (13–30) 10 (8–12) 7 (6–9) 4 (3–4) 3 (2–3) E10 ...... 56 (40–190) 25 (16–130) 13 (11–16) 9 (7–11) 5 (4–5) 4 (3–4) 1 Average distance (m) to mortality is depicted above the minimum and maximum distances, which are in parentheses.

Marine Mammal Density been used to estimate cetacean densities Mugu Sea Range (U.S. Department of A quantitative analysis of impacts on (Barlow et al., 2009, 2020; Becker et al., the Navy, 2020), hereafter referred to as a species or stock requires data on their 2010, 2012a, b, c, 2014, 2016; Ferguson the Density Technical Report, describes abundance and distribution that may be et al., 2006a; Forney et al., 2012, 2015; these models in detail and provides affected by anthropogenic activities in Redfern et al., 2006; Rockwood et al., detailed explanations of the models the potentially impacted area. The most 2020). These models estimate cetacean applied to each species density appropriate metric for this type of density as a continuous function of estimate. The list below describes analysis is density, which is the number habitat variables (e.g., sea surface models in order of preference. of animals present per unit area. Marine temperature, seafloor depth, etc.) and 1. Spatial density models are species density estimation requires a thus allow predictions of cetacean preferred and used when available significant amount of effort to both densities on finer spatial scales than because they provide an estimate with collect and analyze data to produce a traditional line-transect or mark the least amount of uncertainty by reasonable estimate. Unlike surveys for recapture analyses and for areas that deriving estimates for divided segments terrestrial wildlife, many marine species have not been surveyed. Within the of the sampling area. These models (see spend much of their time submerged, geographic area that was modeled, Becker et al., 2016; Forney et al., 2015) and are not easily observed. In order to densities can be predicted wherever predict spatial variability of animal collect enough sighting data to make these habitat variables can be measured presence as a function of habitat reasonable density estimates, multiple or estimated. variables (e.g., sea surface temperature, observations are required, often in areas To characterize marine species seafloor depth, etc.). This model is that are not easily accessible (e.g., far density for large oceanic regions, the developed for areas, species, and, when offshore). Ideally, marine mammal Navy reviews, critically assesses, and available, specific timeframes (months species sighting data would be collected prioritizes existing density estimates or seasons) with sufficient survey data; for the specific area and time period from multiple sources, requiring the therefore, this model cannot be used for (e.g., season) of interest and density development of a systematic method for species with low numbers of sightings. estimates derived accordingly. However, selecting the most appropriate density 2. Stratified design-based density in many places, poor weather estimate for each combination of estimates use line-transect survey data conditions and high sea states prohibit species, area, and season. The selection with the sampling area divided the completion of comprehensive visual and compilation of the best available (stratified) into sub-regions, and a surveys. marine species density data resulted in density is predicted for each sub-region For most cetacean species, abundance the Navy Marine Species Density (see Barlow, 2016; Becker et al., 2016; is estimated using line-transect surveys Database (NMSDD) (U.S. Department of Bradford et al., 2017; Campbell et al., or mark-recapture studies (e.g., Barlow, the Navy, 2017). The finest temporal 2014; Jefferson et al., 2014). While 2016, 2010; Barlow and Forney, 2007; resolution (seasonal) for the NMSDD geographically stratified density Calambokidis et al., 2008; Calambokidis data for the HSTT Study Area was also estimates provide a better indication of and Barlow, 2020; Cooke, 2019; Forney used for the PMSR Study Area. The a species’ distribution within the study et al., 2014; Trickey et al., 2020). The Navy vetted all cetacean densities with area, the uncertainty is typically high result provides one single density NMFS prior to use in the Navy’s because each sub-region estimate is estimate value for each species across acoustic analysis for this proposed based on a smaller stratified segment of broad geographic areas. This is the rulemaking. the overall survey effort. general approach applied in estimating A variety of density data and density 3. Design-based density estimations cetacean abundance in NMFS’ SARs. models are needed in order to develop use line-transect survey data from land Although the single value provides a a density database that encompasses the and aerial surveys designed to cover a good average estimate of abundance entirety of the PMSR Study Area. specific geographic area (see Carretta et (total number of individuals) for a Because these data are collected using al., 2015). These estimates use the same specified area, it does not provide different methods with varying amounts survey data as stratified design-based information on the species distribution of accuracy and uncertainty, the Navy estimates, but are not segmented into or concentrations within that area, and has developed a hierarchy to ensure the sub-regions and instead provide one it does not estimate density for other most accurate data is used when estimate for a large surveyed area. timeframes or seasons that were not available. The technical report titled Although relative environmental surveyed. More recently, spatial habitat Quantifying Acoustic Impacts on suitability (RES) models provide modeling developed by NMFS’ Marine Species: Methods and Analytical estimates for areas of the oceans that Southwest Fisheries Science Center has Approach for Activities at the Point have not been surveyed using

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information on species occurrence and Impact Determination section, we assess reflected from the water surface would inferred habitat associations and have how the estimated take numbers interfere with the direct path pressure been used in past density databases, compare to abundance in order to better wave, reducing positive pressure these models were not used in the understand the potential number of exposure. current quantitative analysis. individuals impacted. The quantitative analysis process Below we describe how densities (used for the 2020 PMSR DEIS/OEIS and were determined for the species in the Take Estimation the Navy’s take request in the PMSR Study Area. The 2020 PMSR DEIS/OEIS rulemaking/LOA application) to The Navy developed a protocol and considered all training and testing estimate potential exposures to marine database to select the best available data activities proposed to occur in the mammals resulting from acoustic and sources based on species, area, and time PMSR Study Area that have the explosive stressors is detailed in the (season). The resulting Geographic potential to result in the MMPA-defined technical report titled Quantifying Information System database, used in take of marine mammals. The Navy Acoustic Impacts on Marine Species: the NMSDD, includes seasonal density determined that the three stressors Methods and Analytical Approach for values for every marine mammal species below could result in the incidental Activities at the Point Mugu Sea Range present within the PMSR Study Area. taking of marine mammals. NMFS has (U.S. Department of the Navy, 2020). This database is described in the reviewed the Navy’s data and analysis The Navy Acoustic Effects Model Quantifying Acoustic Impacts on and determined that it is complete and (NAEMO) brings together scenario Marine Species: Methods and Analytical accurate and agrees that the following simulations of the Navy’s activities, Approach for Activities at the Point stressors from the Navy’s proposed sound propagation modeling, and Mugu Sea Range (U.S. Department of activities have the potential to result in marine mammal distribution (based on the Navy, 2020) (also referred to as the takes by harassment. density and group size) by species to Density Technical Report in this rule). D Acoustics (weapons firing noise; model and quantify the exposure of The Navy describes some of the Explosions at or near the water surface marine mammals above identified challenges of interpreting the results of can introduce loud, impulsive, thresholds for behavioral harassment, the quantitative analysis summarized broadband sounds into the marine TTS, PTS, non-auditory injury (lung and above and described in the Density environment); GI), and serious injury and mortality. Technical Report: ‘‘It is important to D Explosives (explosive shock wave NAEMO estimates acoustic and consider that even the best estimate of and sound at or near the water surface explosive effects without taking marine species density is really a model (<10 m)); and mitigation or avoidance into account; representation of the values of D Land-based launch noise on SNI therefore, the model overestimates concentration where these animals from missiles and rocket launches. predicted impacts on marine mammals might occur. Each model is limited to To predict marine mammal exposures within mitigation zones. The NAEMO the variables and assumptions to explosives, and because there is (animal movement) model overestimates considered by the original data source currently no means to model impacts on the number of marine mammals that provider. No mathematical model marine mammals from in-air would be exposed to sound sources that representation of any biological detonations, the Navy’s analysis could cause PTS because the model population is perfect, and with regards conservatively models all detonations does not consider horizontal movement to marine mammal density, any single occurring within 10 m above the water’s of animats, including avoidance of high model method will not completely surface, as a point source located 10 intensity sound exposures. As a general explain the actual distribution and centimeters underwater (U.S. matter, NMFS does not prescribe the abundance of marine mammal species. Department of the Navy, 2019a). The methods for estimating take for any It is expected that there would be model also assumes that all acoustic applicant, but we review and ensure anomalies in the results that need to be energy from the detonation remains that applicants use the best available evaluated, with independent underwater with no sound transmitted science, and methodologies that are information for each case, to support if into the air. Important considerations logical and technically sound. we might accept or reject a model or must be factored into the analysis of Applicants may use different methods portions of the model (U.S. Department results with these modeling of calculating take (especially when of the Navy, 2017a).’’ There was only assumptions, given that the peak using models) and still get to a result one species, the harbor porpoise, where pressure and sound from a detonation in that is representative of the best there was no density estimate available air significantly decreases as it is available science and that allows for a within the PMSR Study Area so a new partially reflected by the water’s surface rigorous and accurate evaluation of the density layer was developed for harbor and partially transmitted underwater, as effects on the affected populations. porpoise. Forney et al. (2014) provided detailed in the following paragraphs. There are multiple aspects of the Navy’s uniform density for harbor porpoise for The Navy performed a quantitative take estimation methods—propagation the species as a whole in California analysis to estimate the probability that models, animat movement models, and (Figure 7–25 in the Density Technical marine mammals could be exposed to behavioral thresholds, for example. Report). Although these density the sound and energy from explosions NMFS evaluates the acceptability of estimates may not fully describe PMSR during Navy testing and training these aspects as they evolve and are interannual variability, fluctuations in activities and the effects of those used in different rules and impact population size, or spatial distributions, exposures. The effects of underwater analyses. Some of the aspects of the they represent the best available science explosions on marine mammals depend Navy’s take estimation process have due to the paucity of other data. on a variety of factors including animal been used in Navy incidental take rules NMFS coordinated with the Navy in size and depth; charge size and depth; since 2009 and have undergone the development of its take estimates depth of the water column; and distance multiple public comment processes; all and concurs that the Navy’s approach between the animal and the charge. In of them have undergone extensive for density appropriately utilizes the general, an animal near the water internal Navy review, and all of them best available science. Later, in the surface would be less susceptible to have undergone comprehensive review Preliminary Analysis and Negligible injury because the pressure wave by NMFS, has sometimes resulted in

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modifications to methods or models. QC review and validation for model training and testing activities both The Navy uses rigorous review parts such as the scenario builder, annually (based on the maximum processes (verification, validation, and acoustic builder, scenario simulator, number of activities that could occur accreditation processes, peer and public etc., conducted by qualified statisticians per year) and over the seven-year period review) to ensure the data and and modelers to ensure accuracy. Other covered by the Navy’s rulemaking/LOA methodology it uses represent the best models and methodologies have gone application. NMFS has reviewed the available science. For instance, the through similar review processes. Navy’s data, methodology, and analysis NAEMO model is the result of a NMFS- In summary, we believe the Navy’s and determined that it is complete and led Center for Independent Experts (CIE) methods, including the underlying accurate. NMFS agrees that the review of the components used in NAEMO modeling, are the most estimates for incidental takes by earlier models. The acoustic appropriate methods for predicting non- harassment from all sources requested propagation component of the NAEMO auditory injury, PTS, TTS, and for authorization are the maximum model (CASS/GRAB) is accredited by behavioral disturbance. We would number of instances in which marine describe the application of these the Oceanographic and Atmospheric mammals are reasonably expected to be methods as identifying the maximum Master Library (OAML), and many of taken. number of instances in which marine the environmental variables used in the mammals would be reasonably expected Estimated Harassment Take From NAEMO model come from approved to be taken through PTS, TTS, or Training and Testing Activities OAML databases and are based on in- behavioral disturbance. situ data collection. The animal density Tables 18 and 19 summarize the components of the NAEMO model are Summary of Estimated Take Request Navy’s take estimate, which NMFS base products of the NMSDD, which From Training and Testing Activities concurs with, and includes the includes animal density components Based on the methods discussed in maximum amount of Level A that have been validated and reviewed the previous sections and the Navy’s harassment and Level B harassment by a variety of scientists from NMFS model, the Navy provided its take reasonably expected to occur by species Science Centers and academic estimate and request for authorization of and stock for explosives and missile institutions. Finally the NAEMO model takes incidental to the use of explosive launch activities on SNI expected simulation components underwent QA/ sources and target/missile launches for annually and for the seven-year period.

TABLE 18—PROPOSED ANNUAL AND SEVEN-YEAR TOTAL SPECIES-SPECIFIC TAKE ESTIMATES FROM EXPLOSIVES FOR ALL TRAINING AND TESTING ACTIVITIES IN THE PMSR STUDY AREA (NOT INCLUSIVE OF LAUNCH EVENTS ON SNI)

Proposed annual take by Level A and Proposed 7-year total take by Level A Level B harassment and Level B harassment ** Common name Stock/DPS Behavioral Behavioral response TTS PTS response TTS PTS

Blue whale * ...... Eastern North Pacific ...... 7 4 0 52 27 0 Bryde’s whale ...... Eastern Tropical Pacific .... 0 0 0 0 0 0 Fin whale * ...... California, Oregon, and 14 7 1 101 46 7 Washington. Gray whale ...... Eastern North Pacific ...... 9 5 0 65 37 0 Western North Pacific † .... 0 0 0 0 0 0 Humpback whale * ...... California, Oregon, and 7 4 0 52 29 0 Washington/Mexico DPS. California, Oregon, and 1 0 0 6 0 0 Washington/Central America DPS. Minke whale ...... California, Oregon, and 2 1 0 15 6 0 Washington. Sei whale * ...... Eastern North Pacific ...... 0 0 0 0 0 0 Baird’s beaked whale ...... California, Oregon, and 0 0 0 0 0 0 Washington. Bottlenose dolphin ...... California Coastal ...... 0 0 0 0 0 0 California, Oregon, and 5 5 1 37 36 4 Washington Offshore. Cuvier’s beaked whale ..... California, Oregon, and 0 0 0 0 0 0 Washington. Dall’s porpoise ...... California, Oregon, and 261 406 49 1,824 2,845 341 Washington. Dwarf sperm whale ...... California, Oregon, and 20 31 6 142 217 43 Washington. Harbor Porpoise ...... Morro Bay ...... 0 0 0 0 0 0 Killer whale ...... Eastern North Pacific Off- 0 0 0 0 0 0 shore. Eastern North Pacific 0 0 0 0 0 0 Transient or West Coast Transient 6. Long-beaked common dol- California ...... 66 44 9 454 310 65 phin.

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TABLE 18—PROPOSED ANNUAL AND SEVEN-YEAR TOTAL SPECIES-SPECIFIC TAKE ESTIMATES FROM EXPLOSIVES FOR ALL TRAINING AND TESTING ACTIVITIES IN THE PMSR STUDY AREA (NOT INCLUSIVE OF LAUNCH EVENTS ON SNI)— Continued

Proposed annual take by Level A and Proposed 7-year total take by Level A Level B harassment and Level B harassment ** Common name Stock/DPS Behavioral Behavioral response TTS PTS response TTS PTS

Mesoplodont spp ...... California, Oregon, and 0 0 0 0 0 0 Washington. Northern right whale dol- California, Oregon, and 3 2 1 22 16 4 phin. Washington. Pacific white-sided dolphin California, Oregon, and 11 8 2 76 58 14 Washington. Pygmy killer whale ...... NSD ...... 0 0 0 0 0 0 Pygmy sperm whale ...... California, Oregon, and 20 31 6 141 219 44 Washington. Risso’s dolphins ...... California, Oregon, and 6 3 1 39 24 6 Washington. Short-beaked common California, Oregon, and 90 65 15 630 456 103 dolphin. Washington. Short-finned pilot whale .... California, Oregon, and 0 0 0 0 0 0 Washington. Sperm whale* ...... California, Oregon, and 1 1 0 7 8 0 Washington. Striped dolphin ...... California, Oregon, and 1 1 0 5 4 0 Washington. Harbor seal ...... California ...... 202 120 14 1,415 842 99 Northern elephant seal ..... California ...... 37 63 22 258 444 152 California sea lion ...... U.S. Stock ...... 8 12 2 58 81 16 Guadalupe fur seal* ...... Mexico to California ...... 1 1 0 5 7 0 Northern fur seal ...... California ...... 0 0 0 0 0 0 * ESA-listed species in PMSR. ** 7-year total impacts may differ from the annual total times seven as a result of standard rounding. † Only the indicated DPS is ESA-listed. Note: NSD = No stock designation.

TABLE 19—ANNUAL AND SEVEN-YEAR TOTAL SPECIES-SPECIFIC TAKE ESTIMATES PROPOSED FROM TARGET AND MISSILE LAUNCH ACTIVITIES ON SNI IN THE PMSR STUDY AREA

Proposed Proposed 7- annual take year total take Species Stock by Level B by Level B harassment harassment

California sea lion ...... U.S ...... 11,000 77,000 Harbor seal ...... California ...... 480 3,360 Northern elephant seal ...... California ...... 40 280

Proposed Mitigation Measures include consideration of personnel effective if implemented (probability of Under section 101(a)(5)(A) of the safety, practicality of implementation, accomplishing the mitigating result if MMPA, NMFS must set forth the and impact on the effectiveness of the implemented as planned), the permissible methods of taking pursuant military readiness activity. likelihood of effective implementation to the activity, and other means of In evaluating how mitigation may or (probability implemented as planned). effecting the least practicable adverse may not be appropriate to ensure the (2) The second factor is the impact on the species or stocks and least practicable adverse impact on practicability of the measures for their habitat, paying particular attention species or stocks and their habitat, as applicant implementation, which may to rookeries, mating grounds, and areas well as subsistence uses where consider such things as cost, impact on of similar significance, and on the applicable, we carefully consider two operations, and, in the case of a military availability of the species or stocks for primary factors. (1) The first factor is the readiness activity, specifically considers subsistence uses (‘‘least practicable manner in which, and the degree to personnel safety, practicality of adverse impact’’). NMFS does not have which, the successful implementation of implementation, and impact on the a regulatory definition for least the measure(s) is expected to reduce effectiveness of the military readiness practicable adverse impact. The 2004 impacts to marine mammal species or activity. NDAA amended the MMPA as it relates stocks, and their habitat. This analysis We refer the reader to the Navy’s to military readiness activities and the considers the nature of the potential Northwest Training and Testing incidental take authorization process adverse impact (likelihood, scope, and (NWTT) rule (85 FR 72312; November such that a determination of ‘‘least range). It further considers the 12, 2020) for further explanation of our practicable adverse impact’’ shall likelihood that the measure will be interpretation of least practicable

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adverse impact, and what distinguishes simply included). However, it is still Operating Procedures and Mitigation) of it from the negligible impact standard. necessary for NMFS to consider whether the 2020 PMSR DEIS/OEIS, commenters there are additional practicable sometimes recommend that the Navy Assessment of Mitigation Measures for measures that would meaningfully reduce explosive use, or include area the PMSR Study Area reduce the probability or severity of restrictions. Many of these mitigation Section 216.104(a)(11) of NMFS’ impacts that could affect reproductive measures could potentially reduce the implementing regulations requires an success or survivorship. number of marine mammals taken, via applicant for incidental take Overall, the Navy has agreed to direct reduction of the activities or authorization to include in its request, procedural mitigation measures that amounts. However, as described in among other things, ‘‘the availability would reduce the probability and/or Chapter 5 (Standing Operating and feasibility (economic and severity of impacts expected to result Procedures and Mitigation) of the 2020 technological) of equipment, methods, from acute exposure to explosives and PMSR DEIS/OEIS, the Navy needs to and manner of conducting such activity launch activities, vessel strike, and train and test in the conditions in which or other means of effecting the least impacts to marine mammal habitat. it conducts warfare, and these types of practicable adverse impact upon the Specifically, the Navy would use a modifications fundamentally change the affected species or stocks, their habitat, combination of delayed starts, and cease activity in a manner that would not and [where applicable] on their firing to avoid mortality or serious support the purpose and need for the availability for subsistence uses, paying injury, minimize the likelihood or training and testing (i.e., are entirely particular attention to rookeries, mating severity of PTS or other injury, and impracticable) and therefore are not grounds, and areas of similar reduce instances of TTS or more severe considered further. NMFS finds the significance.’’ Thus NMFS’ analysis of behavioral disruption caused by Navy’s explanation for why adoption of the sufficiency and appropriateness of explosives and launch activities. these recommendations would an applicant’s measures under the least The Navy assessed the practicability unacceptably undermine the purpose of practicable adverse impact standard will of the proposed measures in the context the testing and training persuasive. always begin with evaluation of the of personnel safety, practicality of After independent review, NMFS finds mitigation measures presented in the implementation, and their impacts on Navy’s judgment on the impacts of application. the Navy’s ability to meet their Title 10 potential mitigation measures to NMFS has fully reviewed the requirements and found that the personnel safety, practicality of specified activities and the mitigation measures are supportable. As described implementation, and the effectiveness of measures included in the Navy’s in more detail below, NMFS has training and testing within the PMSR rulemaking/LOA application and the independently evaluated the measures Study Area persuasive, and for these 2020 PMSR DEIS/OEIS to determine if the Navy proposed in consideration of reasons, NMFS finds that these the mitigation measures would result in their ability to reduce adverse impacts measures do not meet the least the least practicable adverse impact on on marine mammal species and their practicable adverse impact standard marine mammals and their habitat. habitat and their practicability for because they are not practicable. NMFS worked with the Navy in the implementation. We have preliminarily Second, in Chapter 5 (Standing development of the Navy’s initially determined that the measures will Operating Procedures and Mitigation) of proposed measures, which were significantly and adequately reduce the 2020 PMSR DEIS/OEIS, the Navy informed by years of implementation impacts on the affected marine mammal evaluated an additional potential and monitoring. A complete discussion species and stocks and their habitat and, procedural mitigation measure, the use of the Navy’s evaluation process used to further, be practicable for Navy of thermal detection. The use of thermal develop, assess, and select mitigation, implementation. Therefore, the detection had the potential to which was informed by input from mitigation measures assure that the incrementally reduce take to some NMFS, can be found in Section 5 Navy’s activities will have the least degree in certain circumstances, though (Standing Operating Procedures and practicable adverse impact on the the degree to which this would occur is Mitigation) of the 2020 PMSR DEIS/ species or stocks and their habitat. typically low or uncertain. However, as OEIS. The process described in Section The Navy also evaluated numerous described in the Navy’s analysis, the 5 (Standing Operating Procedures and measures in the 2020 PMSR DEIS/OEIS measures would have significant direct Mitigation) of the 2020 PMSR DEIS/ that were not included in the Navy’s negative effects on mission effectiveness OEIS robustly supported NMFS’ rulemaking/LOA application, and and are considered impracticable (see independent evaluation of whether the NMFS independently reviewed and Section 5 Standing Operating mitigation measures meet the least preliminarily concurs with the Navy’s Procedures and Mitigation of 2020 practicable adverse impact standard. analysis that their inclusion was not PMSR DEIS/OEIS). NMFS The Navy would be required to appropriate under the least practicable independently reviewed the Navy’s implement the mitigation measures adverse impact standard based on our evaluation and concurs with this identified in this rule for the full seven assessment. The Navy considered these assessment, which supports NMFS’ years to avoid or reduce potential additional potential mitigation measures preliminary findings that the impacts from explosives, launch in two groups. First, Chapter 5 impracticability of this additional activities, and physical disturbance and (Standing Operating Procedures and mitigation measure would greatly vessel strike stressors. Mitigation) of the 2020 PMSR DEIS/ outweigh any potential minor reduction As a general matter, where an OEIS, in the Measures Considered but in marine mammal impacts that might applicant proposes measures that are Eliminated section, includes an analysis result; therefore, this additional likely to reduce impacts to marine of an array of different types of mitigation measure is not warranted. mammals, the fact that they are mitigation that have been recommended Section 5 (Standing Operating included in the application indicates over the years by non-governmental Procedures and Mitigation) of the 2020 that the measures are practicable, and it organizations or the public, through PMSR DEIS/OEIS also describes a is not necessary for NMFS to conduct a scoping or public comment on comprehensive method for analyzing detailed analysis of the measures the environmental compliance documents. potential geographic mitigation that applicant proposed (rather, they are As described in Chapter 5 (Standing includes consideration of both a

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biological assessment of how the based telemetry systems rely on using measures all consist of procedural potential time/area limitation would in-place fiber optic cables directly mitigation. benefit the species and its habitat (e.g., linked to remote locations or microwave is a key area of biological importance or to transmit signals. The ground-based Procedural Mitigation would result in avoidance or reduction command transmitter system provides Procedural mitigation is mitigation of impacts) in the context of the safe, controlled testing of unmanned that the Navy would implement stressors of concern in the specific area targets, platforms, and missiles, whenever and wherever an applicable and an operational assessment of the including unmanned aircraft, boat or training or testing activity takes place practicability of implementation (e.g., ship targets, ballistic missiles, and other within the PMSR Study Area. including an assessment of the specific long-range vehicles, all within a 40-mi Procedural mitigation generally importance of that area for training, radius of the transmitter. The command involves: (1) The use of one or more considering proximity to training ranges transmitter system also provides flight trained Lookouts to diligently observe and emergency landing fields and other termination capability for weapons and for specific biological resources issues). For most of the areas that were targets that are considered too (including marine mammals) within a considered in the 2020 PMSR DEIS/ hazardous for test flights. Relocating OEIS but not included in this rule, the ground-based instrumentation to other mitigation zone, (2) requirements for Navy found that geographic mitigation locations would result in an extensive Lookouts to immediately communicate was not warranted because the cost to the Navy, or potentially reduce sightings of specific biological resources anticipated reduction of adverse military readiness. to the appropriate watch station for impacts on marine mammal species and NMFS has reviewed the Navy’s information dissemination, and (3) their habitat was not sufficient to offset analysis in Section 5 Standing requirements for the watch station to the impracticability of implementation. Operating Procedures and Mitigation of implement mitigation (e.g., halt an The Navy considered that moving the 2020 PMSR DEIS/OEIS, which activity) until certain recommencement activities farther from SNI and outside considers the same factors that NMFS conditions have been met. The first of the SNI Feeding Area would not be considers to satisfy the least practicable procedural mitigation (Table 20) is practicable, because the added distance adverse impact standard, and designed to aid Lookouts and other would substantially limit the preliminarily concurs with the analysis applicable Navy personnel with their capabilities of ground-based telemetry and conclusions. Therefore, NMFS is observation, environmental compliance, systems, antennas, surveillance, and not proposing to include any of the and reporting responsibilities. The metric radar systems, as well as measures that the Navy ruled out in the remainder of the procedural mitigation command transmitter systems located at 2020 PMSR DEIS/OEIS. Below are the measures (Tables 21 through 29) are Point Mugu, Laguna Peak, Santa Cruz mitigation measures that NMFS organized by stressor type and activity Island, and SNI. These systems are determined will ensure the least category and include acoustic stressors required to measure, monitor, and practicable adverse impact on all (i.e., weapons firing noise), explosive control various test platforms in real affected species and their habitat, stressors (i.e., medium-caliber and large- time; collect transmitted data for post including the specific considerations for caliber projectiles, missiles and rockets, event analysis; and enable surveillance military readiness activities. The bombs), and physical disturbance and of the area to ensure the safety of the following sections describe the strike stressors (i.e., vessel movement, public. Optimal functional distance for mitigation measures that would be small-, medium-, and large-caliber non- some of the ground-based radar systems implemented in association with the explosive practice munitions, non- is 10–200 nmi and may be limited by training and testing activities analyzed explosive missiles, and non-explosive line-of-sight for some systems. Ground- in this document. The mitigation bombs).

TABLE 20—MITIGATION FOR ENVIRONMENTAL AWARENESS AND EDUCATION

Mitigation description

Stressor or Activity: • All testing and training activities, as applicable. Mitigation Zone Size and Mitigation Requirements: • Appropriate personnel involved in mitigation and training or testing activity reporting under the Proposed Action will complete one or more modules of the U.S Navy Afloat Environmental Compliance Training Series, as identified in their career path training plan. Modules in- clude: Æ Introduction to the U.S. Navy Afloat Environmental Compliance Training Series. The introductory module provides information on en- vironmental laws (e.g., ESA, MMPA) and the corresponding responsibilities relevant to Navy testing and training. The material ex- plains why environmental compliance is important in supporting the Navy’s commitment to environmental stewardship. Æ Marine Species Awareness Training. All bridge watch personnel, Commanding Officers, Executive Officers, maritime patrol aircraft aircrews, anti-submarine warfare and mine warfare rotary-wing aircrews, Lookouts, and equivalent civilian personnel must success- fully complete the Marine Species Awareness Training prior to standing watch or serving as a Lookout. The Marine Species Aware- ness Training provides information on sighting cues, visual observation tools and techniques, and sighting notification procedures. Navy biologists developed Marine Species Awareness Training to improve the effectiveness of visual observations for biological re- sources, focusing on marine mammals and sea turtles, and including floating vegetation, jellyfish aggregations, and flocks of seabirds. Æ U.S. Navy Protective Measures Assessment Protocol. This module provides the necessary instruction for accessing mitigation re- quirements during the event planning phase using the Protective Measures Assessment Protocol software tool.

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Mitigation measures for weapons firing noise as an acoustic stressor is provided below in Table 21.

TABLE 21—MITIGATION FOR WEAPONS FIRING NOISE

Mitigation description

Stressor or Activity Mitigation Applies to: • Weapons firing noise associated with large-caliber gunnery activities. Number of Lookouts and Observation Platform: • 1 Lookout positioned on the ship conducting the firing. —Depending on the activity, the Lookout could be the same as the one described in Table 22 (Mitigation for Small-, Medium-, and Large-Caliber Non-Explosive Practice Munitions). Mitigation Requirements: • Mitigation zone: —30° on either side of the firing line out to 70 yd. from the muzzle of the weapon being fired. • Prior to the initial start of the activity: —Observe the mitigation zone for floating vegetation; if observed, relocate or delay the start until the mitigation zone is clear. —Observe the mitigation zone for marine mammals if observed, relocate or delay the start of weapons firing. • During the activity: —Observe the mitigation zone for floating vegetation and marine mammals; if observed, cease weapons firing. • Conditions for commencing/recommencing the activity after a marine mammal before or during the activity: —The Navy will allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing weapons firing) until one of the following conditions has been met: (1) The animal is observed exiting the mitigation zone; (2) the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the firing ship; (3) the mitigation zone has been clear from any additional sightings for 30 min.; or (4) for mobile activities, the firing ship has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting and there have been no new sightings.

The Navy will implement mitigation explosive stressors occurring at or near for explosive stressors are provided in measures to avoid or reduce potential the surface resulting in underwater Table 22 through Table 24. impacts on marine mammals from the noise and energy. Mitigation measures

TABLE 22—MITIGATION FOR EXPLOSIVE MEDIUM-CALIBER AND LARGE-CALIBER PROJECTILES

Mitigation description

Stressor or Activity Mitigation Applies to: • Gunnery activities using explosive medium-caliber and large-caliber projectiles. • Activities using a maritime surface target. Number of Lookouts and Observation Platform: • 1 Lookout on the vessel or aircraft conducting the activity. —For activities using explosive large-caliber projectiles, depending on the activity, the Lookout could be the same as the one de- scribed in Table 21 (Mitigation for Weapons Firing Noise). • If additional platforms are participating in the activity, personnel positioned in those assets (e.g., safety observers, evaluators) will support observing the mitigation zone for applicable biological resources while performing their regular duties. Mitigation Requirements: • Mitigation zones: —200 yd (182.88 m) around the intended impact location for air-to-surface activities using explosive medium-caliber projectiles, or —600 yd (548.64 m) around the intended impact location for surface-to-surface activities using explosive medium-caliber projectiles, or —1,000 yd (914.4 m) around the intended impact location for surface-to-surface activities using explosive large-caliber projectiles. • Prior to the start of the activity (e.g., when maneuvering on station): —Observe for floating vegetation and marine mammals; if observed, relocate or delay the start until the mitigation zone is clear. —During the activity, observe for floating vegetation and marine mammals; if resource is observed, cease firing. • Conditions for commencing/recommencing the activity after a marine mammal sighting before or during the activity: —The Navy will allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing firing) until one of the following conditions has been met until one of the re- commencement conditions has been met: (1) The animal is observed exiting the mitigation zone; (2) the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended impact location; (3) the mitigation zone has been clear from any additional sightings for 10 min. for aircraft-based firing or 30 min. for vessel-based firing; or (4) for activities using mobile targets, the intended impact location has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting and there have been no new sightings . • After completion of the activity (e.g., prior to maneuvering off station): —When practical (e.g., when platforms are not constrained by fuel restrictions or mission-essential follow-on commitments), observe the vicinity of where detonations occurred; if any injured or dead marine mammals, follow established incident reporting procedures. If additional platforms are supporting this activity (e.g., providing range clearance), these assets will assist in the visual observation of the area where detonations occurred.

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TABLE 23—MITIGATION FOR EXPLOSIVE MISSILES AND ROCKETS

Mitigation description

Stressor or Activity Mitigation Applies to: • Aircraft-deployed explosive missiles and rockets. • Activities using a maritime surface target at ranges up to 75 nmi. Number of Lookouts and Observation Platform: • 1 Lookout positioned in an aircraft. • If additional platforms are participating in the activity, personnel positioned in those assets (e.g., safety observers, evaluators) will support observing the mitigation zone for applicable biological resources while performing their regular duties. Mitigation Requirements: • Mitigation zones: —900 yd (822.96 m) around the intended impact location for missiles or rockets with 0.6–20 lb net explosive weight. —2,000 yd (1,828.8 m) around the intended impact location for missiles with 21–500 lb net explosive weight. • Prior to the initial start of the activity (e.g., during a fly-over of the mitigation zone): —Observe the mitigation zone for floating vegetation; if observed, relocate or delay the start until the mitigation zone is clear. —Observe the mitigation zone for marine mammals; if observed, relocate or delay the start of firing. • During the activity: —Observe the mitigation zone for floating vegetation and marine mammals; if observed, cease firing. • Conditions for commencing/recommencing the activity after a marine mammal sighting before or during the activity: —The Navy will allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing firing) until one of the following conditions has been met: (1) The animal is ob- served exiting the mitigation zone; (2) the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended impact location; or (3) the mitigation zone has been clear from any additional sightings for 10 min. when the activity involves aircraft that have fuel constraints, or 30 min. when the activity involves aircraft that are not typically fuel constrained. • After completion of the activity (e.g., prior to maneuvering off station): —When practical (e.g., when platforms are not constrained by fuel restrictions or mission-essential follow-on commitments), observe the vicinity of where detonations occurred; if any injured or dead marine mammals or ESA-listed species are observed, follow estab- lished incident reporting procedures. If additional platforms are supporting this activity (e.g., providing range clearance), these assets will assist in the visual observation of the area where detonations occurred.

TABLE 24—MITIGATION FOR EXPLOSIVE BOMBS

Mitigation description

Stressor or Activity Mitigation Applies to: • Explosive bombs. Number of Lookouts and Observation Platform: • 1 Lookout positioned in the aircraft conducting the activity. • If additional platforms are participating in the activity, personnel positioned in those assets (e.g., safety observers, evaluators) will support observing the mitigation zone for applicable biological resources while performing their regular duties. Mitigation Requirements: • Mitigation zone: —2,500 yd (2,286 m) around the intended target. • Prior to the start of the activity (e.g., when arriving on station): —Observe the mitigation zone for floating vegetation and marine mammals; If floating vegetation or marine mammals are observed, Navy personnel must relocate or delay the start of bomb deployment. • During the activity (e.g., during target approach): —Observe the mitigation zone for floating vegetation and marine mammals; if observed, cease bomb deployment. • Conditions for commencing/recommencing of the activity after a marine mammal sighting before or during the activity: —The Navy will allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing bomb deployment) until one of the recommencement conditions has been met: (1) The animal is observed exiting the mitigation zone; (2) the animal is thought to have exited the mitigation zone based on a deter- mination of its course, speed, and movement relative to the intended target; (3) the mitigation zone has been clear from any addi- tional sightings for 10 min.; or (4) for activities using mobile targets, the intended target has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting and there have been no new sightings. • After completion of the activity (e.g., prior to maneuvering off station): —When practical (e.g., when platforms are not constrained by fuel restrictions or mission-essential follow-on commitments), observe the vicinity of where detonations occurred; if any injured or dead marine mammals or ESA-listed species are observed, follow estab- lished incident reporting procedures. —If additional platforms are supporting this activity (e.g., providing range clearance), these assets will assist in the visual observation of the area where detonations occurred.

Mitigation for physical disturbance and strike stressors are provided in Table 25 through Table 29.

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TABLE 25—MITIGATION FOR VESSEL MOVEMENT

Mitigation description

Stressor or Activity Mitigation Applies to: • Vessel movement. • The mitigation will not be required if (1) the vessel’s safety is threatened, (2) the vessel is restricted in its ability to maneuver (e.g., during launching and recovery of aircraft or landing craft, during towing activities, when mooring, etc.), (3) the vessel is operated autonomously, or (4) when impracticable based on mission requirements (e.g., There are a few specific testing and training events that include require- ments for certain systems where vessels would operate at higher speeds. As an example, some tests involve using the High-Speed Ma- neuvering Surface Target (HSMST). During these events, ships must operate across the full spectrum of capable speeds to accomplish the primary testing objectives). Number of Lookouts and Observation Platform: • 1 Lookout on the vessel that is underway. Mitigation Requirements: • Mitigation zone: —500 yd (457.2 m) around whales. —200 yd (182.88 m) around all other marine mammals (except bow-riding dolphins and pinnipeds hauled out on man-made naviga- tional structures, port structures, and vessels). • During the activity: —When underway, observe the mitigation zone for marine mammals; if observed, maneuver to maintain distance. • Additional requirements: —If a marine mammal vessel strike occurs, the Navy will follow the established incident reporting procedures.

TABLE 26—MITIGATION FOR SMALL-, MEDIUM-, AND LARGE-CALIBER NON-EXPLOSIVE PRACTICE MUNITIONS

Mitigation description

Stressor or Activity Mitigation Applies to: • Gunnery activities using small-, medium-, and large-caliber non-explosive practice munitions. • Activities using a maritime surface target. Number of Lookouts and Observation Platform: • 1 Lookout positioned on the platform conducting the activity. • Depending on the activity, the Lookout could be the same as the one described in Table 21 (Mitigation for Weapons Firing Noise). Mitigation Requirements: • Mitigation zone: —200 yd (182.88 m) around the intended impact location. • Prior to the initial start of the activity (e.g., when maneuvering on station): —Observe the mitigation zone for floating vegetation; if observed, relocate or delay the start until the mitigation zone is clear. —Observe the mitigation zone for marine mammals; if observed, relocate or delay the start of firing. • During the activity: —Observe the mitigation zone for floating vegetation and marine mammals; if observed, cease firing. • Conditions for commencing/recommencing the activity after a marine mammal sighting before or during the activity: —The Navy will allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing firing) until one of the following conditions has been met: (1) The animal is ob- served exiting the mitigation zone; (2) the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended impact location; (3) the mitigation zone has been clear from any additional sightings for 10 min. for aircraft-based firing or 30 min. for vessel-based firing; or (4) for activities using a mobile target, the intended impact location has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting and there have been no new sightings.

TABLE 27—MITIGATION FOR NON-EXPLOSIVE MISSILES AND ROCKETS

Mitigation description

Stressor or Activity Mitigation Applies to: • Aircraft-deployed non-explosive missiles and rockets. • Activities using a maritime surface target at ranges of up to 75 nmi. Number of Lookouts and Observation Platform: • 1 Lookout positioned in an aircraft. Mitigation Requirements: • Mitigation zone: —900 yd (822.96 m) around the intended impact location. • Prior to the initial start of the activity (e.g., during a fly-over of the mitigation zone): —Observe the mitigation zone for floating vegetation; if observed, relocate or delay the start until the mitigation zone is clear. —Observe the mitigation zone for marine mammals; if observed, relocate or delay the start of firing. • During the activity: —Observe the mitigation zone for floating vegetation and marine mammals; if observed, cease firing. • Conditions for commencing/recommencing the activity after a marine mammal sighting prior to or during the activity:

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TABLE 27—MITIGATION FOR NON-EXPLOSIVE MISSILES AND ROCKETS—Continued

Mitigation description

—The Navy will allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing firing) until one of the following conditions has been met: (1) The animal is ob- served exiting the mitigation zone; (2) the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended impact location; or (3) the mitigation zone has been clear from any additional sightings for 10 min. when the activity involves aircraft that have fuel constraints, or 30 min. when the activity involves aircraft that are not typically fuel constrained.

TABLE 28—MITIGATION FOR NON-EXPLOSIVE BOMBS

Mitigation description

Stressor or Activity Mitigation Applies to: • Non-explosive bombs. Number of Lookouts and Observation Platform: • 1 Lookout positioned in an aircraft. Mitigation Requirements: • Mitigation zone: —900 yd (822.96 m) around the intended impact location. • Prior to the start of the activity (e.g., when arriving on station): —Observe the mitigation zone for floating vegetation; if observed, relocate or delay the start of bomb deployment until the mitigation zone is clear. —Observe the mitigation zone for marine mammals; if observed, relocate or delay the start of bomb deployment. • During the activity (e.g., during approach of the target): —Observe the mitigation zone for floating vegetation and marine mammals; if observed, cease bomb deployment. • Conditions for commencing/recommencing the activity after a marine mammal sighting prior to or during the activity: The Navy will allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing bomb deployment or mine laying) until one of the following conditions has been met: (1) The animal is observed exiting the mitigation zone; (2) the animal is thought to have exited the mitigation zone based on a deter- mination of its course, speed, and movement relative to the intended target or minefield location; (3) the mitigation zone has been clear from any additional sightings for 10 min.; or (4) for activities using mobile targets, the intended target has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting and there have been no new sightings.

Target and Missile Launches from SNI Mitigation for target and missile launch activities from SNI are provided below in Table 29.

TABLE 29—MITIGATION FOR TARGET AND MISSILE LAUNCHES FROM SNI

Mitigation description

Stressor or Activity Mitigation Applies to: • Target and Missile launches from SNI. Mitigation Requirements: • Navy personnel shall not enter pinniped haulouts or rookeries. Personnel may be adjacent to pinniped haulouts and rookeries prior to and following a launch for monitoring purposes. • Missiles shall not cross over pinniped haulouts at elevations less than 305 m (1,000 ft) above the haulout. • The Navy must not conduct more than 40 launch events annually. • The Navy must not conduct more than 10 launch events at night of the 40 annual launch events. • Launches shall be scheduled to avoid peak pinniped pupping periods between January and July, to the maximum extent practicable. • All manned aircraft and helicopter flight paths must maintain a minimum distance of 305 m (1,000 ft) from recognized pinniped haulouts and rookeries, except in emergencies or for real-time security incidents. • For unmanned aircraft systems (UAS), the following minimum altitudes must be maintained over pinniped haulout areas and rookeries: Class 0–2 UAS must maintain a minimum altitude of 300 ft; Class 3 UAS must maintain a minimum altitude of 500 ft; Class 4 or 5 UAS must not be flown below 1,000 ft. • If a species for which authorization has not been granted is taken, or a species for which authorization has been granted but the author- ized takes are met, the Navy must consult with NMFS to determine how to proceed. • The Navy must review the launch procedure and monitoring methods, in cooperation with NMFS, if any incidents of injury or mortality of a pinniped are discovered during post-launch surveys, or if surveys indicate possible effects to the distribution, size, or productivity of the affected pinniped populations as a result of the specified activities. If necessary, appropriate changes must be made through modification to this Authorization prior to conducting the next launch of the same vehicle.

In addition, the Navy proposes to of large whales in the PMSR Study Area. instructed to remain vigilant to the issue awareness notification messages In order to maintain safety of navigation presence of certain large whale species, seasonally to alert ships and aircraft to and to avoid interactions with large which, especially when concentrated the possible presence of concentrations whales during transit, vessels will be seasonally, may become vulnerable to

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vessel strikes. Lookouts will use the the possible presence of concentrations Navy would follow reporting information from the awareness of large whales in certain locations requirements should a vessel strike notification messages to assist their seasonally will likely help the Navy occur. The Navy would issue awareness visual observations of mitigation zones further avoid interactions with these notification messages (Table 30) for the and to aid in implementing mitigation. animals during vessel transits and when following species and seasons. The Navy anticipates that providing training and testing activities are Lookouts additional information about conducted in the PMSR Study Area. The

TABLE 30—LARGE WHALE AWARENESS NOTIFICATION MESSAGES

Blue Whale Awareness Notification Message (June 1–October 31), Gray Whale Awareness Notification Message (November 1–March 31), and Fin Whale Awareness Notification Message (November 1–May 31): • The Navy will issue a seasonal awareness notification message to alert ships and aircraft operating in the area to the possible presence of concentrations of large whales, including blue whales (June 1 through October 31), gray whales (November 1 through March 31) and fin whales (November 1 through May 31). • To maintain safety of navigation and to avoid interactions with large whales during transits, the Navy will instruct vessels to remain vigi- lant to the presence of large whale species (including blue whales), that when concentrated seasonally, may become vulnerable to ves- sel strikes. • Lookouts will use the information from the awareness notification messages to assist their visual observation of applicable mitigation zones during testing and training activities and to aid in the implementation of mitigation observation of applicable mitigation zones during testing and training activities and to aid in the implementation of mitigation.

Mitigation Conclusions practicality of implementation, and In the PMSR, the Navy has been NMFS has carefully evaluated the impact on the effectiveness of the monitoring missile launches at SNI in Navy’s proposed mitigation measures— military readiness activity. accordance with the MMPA under IHAs many of which were developed with Additionally, an adaptive management or LOAs since 2001 (NMFS, 2014a, NMFS’ input during the previous provision ensures that mitigation is 2019a). Associated with those phases of Navy training and testing regularly assessed and provides a authorizations, monitoring reports authorizations—and considered a broad mechanism to improve the mitigation, submitted to NMFS in various periodic range of other measures (i.e., the based on the factors above, through reports have included sound levels measures considered but eliminated in modification as appropriate. measurements from the launches and the 2020 PMSR DEIS/OEIS, which The proposed rule comment period have documented the behavior of reflect many of the comments that have provides the public an opportunity to hauled out pinnipeds before, during, arisen via NMFS or public input in past submit recommendations, views, and/or and after those launches by direct years) in the context of ensuring that concerns regarding the Navy’s activities observation and in video recordings NMFS prescribes the means of effecting and the proposed mitigation measures. (Burke, 2017; Holst and Lawson, 2002; the least practicable adverse impact on While NMFS has preliminarily Holst and Greene Jr., 2005, 2006; Holst the affected marine mammal species determined that the Navy’s proposed and Greene Jr., 2008; Holst and Greene and their habitat. Our evaluation of mitigation measures would effect the Jr., 2010; Holst et al., 2011; Holst et al., potential measures included least practicable adverse impact on the 2003; Ugoretz and Greene Jr., 2012; consideration of the following factors in affected species and their habitat, NMFS Ugoretz, 2014, 2015, 2016). relation to one another: The manner in will consider all public comments to In other locations where Navy testing which, and the degree to which, the help inform our final determination. and training activities occur, the Navy successful implementation of the Consequently, the proposed mitigation has also been conducting marine mitigation measures is expected to measures may be refined, modified, mammal research and monitoring in the reduce the likelihood and/or magnitude removed, or added to prior to the Pacific Ocean for decades. A formal of adverse impacts to marine mammal issuance of the final rule, based on species and their habitat; the proven or public comments received, and, as coordinated marine species monitoring likely efficacy of the measures; and the appropriate, analysis of additional program in support of the MMPA and practicability of the measures for potential mitigation measures. ESA authorizations for the Navy Range Complexes worldwide was first applicant implementation, including Proposed Monitoring consideration of personnel safety, implemented in 2009. This robust practicality of implementation, and Section 101(a)(5)(A) of the MMPA program has resulted in hundreds of impact on the effectiveness of the states that in order to authorize technical reports and publications on military readiness activity. incidental take for an activity, NMFS marine mammals that have informed Based on our evaluation of the Navy’s must set forth requirements pertaining Navy and NMFS analyses in proposed measures, as well as other to the monitoring and reporting of such environmental planning documents, measures considered by the Navy and taking. The MMPA implementing rules, and ESA Biological Opinions. The NMFS, NMFS has preliminarily regulations at 50 CFR 216.104(a)(13) reports are made available to the public determined that these proposed indicate that requests for incidental take on the Navy’s marine species mitigation measures are the appropriate authorizations must include the monitoring website means of effecting the least practicable suggested means of accomplishing the (www.navymarinespecies adverse impact on the marine mammal necessary monitoring and reporting that monitoring.us), and the data on the species and their habitat, paying will result in increased knowledge of Ocean Biogeographic Information particular attention to rookeries, mating the species and of the level of taking or System Spatial Ecological Analysis of grounds, and areas of similar impacts on populations of marine Megavertebrate Populations (OBIS– significance, and considering mammals that are expected to be SEAMAP) specifically personnel safety, present. (http://seamap.env.duke.edu/).

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The Navy will continue collecting efforts across all regions and to allocate specific stressors associated with the monitoring data to inform our the most appropriate level and type of action (in specific contexts, where understanding of the occurrence of, and effort for each range complex based on possible, e.g., at what distance or impacts of the Navy’s activities on, a set of standardized objectives, and in received level); marine mammals on SNI in the PMSR acknowledgement of regional expertise b An increase in our understanding Study Area. NMFS and the Navy will and resource availability. The ICMP is of how anticipated individual coordinate and discuss how monitoring designed to be flexible, scalable, and responses, to individual stressors or in the PMSR Study Area could adaptable through the adaptive anticipated combinations of stressors, contribute to the Navy’s Marine Species management and strategic planning may impact either: (1) The long-term Monitoring Program. Taken together, processes to periodically assess progress fitness and survival of an individual or mitigation and monitoring comprise the and reevaluate objectives. This process (2) the population, species, or stock Navy’s integrated approach for reducing includes conducting an annual adaptive (e.g., through effects on annual rates of environmental impacts from the management review meeting, at which recruitment or survival); specified activities. The Navy’s overall the Navy and NMFS jointly consider the b An increase in our understanding monitoring approach seeks to leverage prior-year goals, monitoring results, and of the effectiveness of mitigation and and build on existing research efforts related scientific advances to determine monitoring measures; whenever possible. if monitoring plan modifications are b A better understanding and record As agreed upon between the Navy and warranted to more effectively address of the manner in which the Navy NMFS, the monitoring measures program goals. Although the ICMP does complies with the incidental take presented here, as well as the mitigation not specify actual monitoring field work regulations and LOAs and the ESA measures described above, focus on the or individual projects, it does establish Incidental Take Statement; protection and management of a matrix of goals and objectives that b An increase in the probability of potentially affected marine mammals. A have been developed in coordination detecting marine mammals (through well-designed monitoring program can with NMFS. As the ICMP is improved technology or methods), both provide important feedback for implemented through the Strategic specifically within the mitigation zone validating assumptions made in Planning Process for Marine Species (thus allowing for more effective analyses and allow for adaptive Monitoring, detailed and specific implementation of the mitigation), and management of marine resources. studies are developed which support in general, to better achieve the above Monitoring is required under the the Navy’s and NMFS’ top-level goals; and b MMPA, and details of the monitoring monitoring goals. In essence, the ICMP Ensuring that adverse impact of program for the specified activities have directs that monitoring activities activities remains at the least practicable been developed through coordination relating to the effects of Navy training level. between NMFS and the Navy through and testing activities on marine species Strategic Planning Process for Marine the regulatory process for previous Navy should be designed to contribute Species Monitoring towards one or more of the following at-sea training and testing activities. The Navy also developed the Strategic top-level goals: Required Monitoring on SNI b An increase in our understanding Planning Process for Marine Species In consultation with NMFS, the Navy of the likely occurrence of marine Monitoring, which establishes the shall implement a monitoring plan for mammals and/or ESA-listed marine guidelines and processes necessary to beaches exposed to missile launch noise species in the vicinity of the action (i.e., develop, evaluate, and fund individual with the goal of assessing baseline presence, abundance, distribution, and/ projects based on objective scientific pinniped distribution/abundance and or density of species); study questions. The process uses an potential changes in pinniped use of b An increase in our understanding underlying framework designed around these beaches after launch events. of the nature, scope, or context of the intermediate scientific objectives and a Marine mammal monitoring shall likely exposure of marine mammals conceptual framework incorporating a include: and/or ESA-listed species to any of the progression of knowledge spanning • Multiple surveys (e.g., time-lapse potential stressor(s) associated with the occurrence, exposure, response, and photography) during the year that action (e.g., sound, explosive consequence. The Strategic Planning record the species, number of animals, detonation, or military expended Process for Marine Species Monitoring general behavior, presence of pups, age materials) through better understanding is used to set overarching intermediate class, gender and reactions to launch of the following: (1) The action and the scientific objectives; develop individual noise or other natural or human caused environment in which it occurs (e.g., monitoring project concepts; identify disturbances, in addition to sound source characterization, potential species of interest at a regional environmental conditions that may propagation, and ambient noise levels); scale; evaluate, prioritize and select include tide, wind speed, air (2) the affected species (e.g., life history specific monitoring projects to fund or temperature, and swell. or dive patterns); (3) the likely co- continue supporting for a given fiscal • In addition, video and acoustic occurrence of marine mammals and/or year; execute and manage selected monitoring of up to three pinniped ESA-listed marine species with the monitoring projects; and report and haulout areas and rookeries must be action (in whole or part); and/or (4) the evaluate progress and results. This conducted during launch events that likely biological or behavioral context of process addresses relative investments include missiles or targets that have not exposure to the stressor for the marine to different range complexes based on been previously monitored using video mammal and/or ESA-listed marine goals across all range complexes, and and acoustic recorders for at least three species (e.g., age class of exposed monitoring will leverage multiple launch events. animals or known pupping, calving or techniques for data acquisition and feeding areas); analysis whenever possible. The Integrated Comprehensive Monitoring b An increase in our understanding Strategic Planning Process for Marine Program (ICMP) of how individual marine mammals or Species Monitoring is also available The Navy’s ICMP is intended to ESA-listed marine species respond online (http://www.navymarinespecies coordinate marine species monitoring (behaviorally or physiologically) to the monitoring.us/).

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NMFS and the Navy will coordinate and biological significance (e.g., population- the foreseeable future in the PMSR discuss how monitoring in the PMSR level consequences). Study Area are similar if not nearly Study Area could contribute to the NMFS and the Navy also consider identical to activities that have been Navy’s Marine Species Monitoring data collected during mitigations as occurring in the same locations for Program in addition to the monitoring monitoring. Data are collected by decades. In the PMSR Study Area, there that would be conducted on SNI. shipboard personnel on hours spent are no Major Exercises, testing and training, hours of observation, and training events are, by comparison to Past and Current Monitoring in the marine mammals observed within the other Navy areas, less frequent and are PMSR Study Area mitigation zones when mitigations are in general small in scope, so as a result NMFS has received multiple years’ implemented. These data are provided the majority of Navy’s research effort worth of annual monitoring reports to NMFS in both classified and has been focused elsewhere. For this addressing launch activities on SNI unclassified annual exercise reports, reason, the vast majority of scientific within the PMSR Study Area and other which will continue under this rule. fieldwork, research, and monitoring Navy range complexes. The data and Research funded by the Navy that has efforts have been expended in the information contained in these reports included the PMSR Study Area SOCAL Range Complex and Hawaii, have been considered in developing includes, but is not limited to the where Navy training and testing mitigation and monitoring measures for following efforts: activities have been more concentrated. the training and testing activities on SNI • The Navy has funded a number of Since 2006, the Navy has been within the PMSR Study Area. The passive acoustic monitoring efforts in submitting exercise reports and Navy’s annual exercise and monitoring the PMSR Study Area as well as monitoring reports to NMFS for the reports may be viewed at: https:// locations farther to the south in the Navy’s range complexes in the Pacific www.fisheries.noaa.gov/national/ SOCAL Range Complex. These studies and the Atlantic. These publicly marine-mammal-protection/incidental- have helped to characterize the available exercise reports, monitoring take-authorizations-military-readiness- soundscape resulting from general reports, and the associated research activities and http:// anthropogenic sound as well as the findings have been integrated into www.navymarinespeciesmonitoring.us. Navy testing and training sound energy adaptive management decisions Numerous publications, dissertations, contributions (Baumann-Pickering et al., regarding the focus for subsequent and conference presentations have 2013; Baumann-Pickering et al., 2015a; research and monitoring as determined resulted from research conducted under Baumann-Pickering et al., 2018; Curtis in collaborations between Navy, NMFS, the Navy’s marine species monitoring et al., 2020; Debich et al., 2015a; Debich Marine Mammal Commission, and other program (https:// et al., 2015b; Hildebrand et al., 2012; marine resource subject matter experts www.navymarinespeciesmonitoring.us/ Rice et al., 2018a; Rice et al., 2017; Rice using an adaptive management reading-room/publications/), resulting et al., 2018b; Sirovic et al., 2016; Sirovic approach. For example, see the 2019 in a significant contribution to the body et al., 2017; Sirovic et al., 2015b; U.S. Navy Annual Marine Species of marine mammal science. Publications Wiggins et al., 2018). Monitoring Report for the Pacific that on occurrence, distribution, and density • Fieldwork involving photo-ID, was made available to the public in have fed the modeling input, and biopsy, visual survey, and satellite September 2020. publications on exposure and response tagging of blue, fin, and humpback have informed Navy and NMFS whales were undertaken by Oregon Adaptive Management analyses of behavioral response and State University. This research provided The proposed regulations governing consideration of mitigation measures. seasonal movement tracks, distribution, the take of marine mammals incidental Furthermore, collaboration between and behavior of these species in to Navy training and testing activities in the monitoring program and the Navy’s addition to biopsy samples used for sex the PMSR Study Area contain an research and development (e.g., the determination and individual adaptive management component. Our Office of Naval Research) and identifications (Mate et al., 2016; Mate understanding of the effects of Navy demonstration-validation (e.g., Living et al., 2018b, 2018c; Mate et al., 2015b). training and testing activities on marine Marine Resources) programs has been The findings from this work have been mammals continues to evolve, which strengthened, leading to research tools instrumental in supplementing our makes the inclusion of an adaptive and products that have already understanding of the use of BIAs in the management component both valuable transitioned to the monitoring program. PMSR Study Area for these species. and necessary within the context of These include Marine Mammal • The Navy has been collecting seven-year regulations. Monitoring on Ranges (M3R), controlled abundance data and behavioral The reporting requirements associated exposure experiment behavioral reactions of pinnipeds during target and with this proposed rule are designed to response studies (CEE BRS), acoustic missile launch on SNI since 2001. The provide NMFS with monitoring data sea glider surveys, and global marine mammals monitoring reports for from the previous year to allow NMFS positioning system-enabled satellite SNI can be found here https:// to consider whether any changes to tags. Recent progress has been made www.navymarinespeciesmonitoring.us/ existing mitigation and monitoring with better integration of monitoring reporting/pacific/. requirements are appropriate. The use of across all Navy at-sea study areas, Additional details on the scientific adaptive management allows NMFS to including study areas in the Pacific and objectives for the Navy’s marine species consider new information from different the Atlantic Oceans, and various testing monitoring program in the Pacific (and sources to determine (with input from ranges. Publications from the Living elsewhere) can be found at https:// the Navy regarding practicability) on an Marine Resources and the Office of www.navymarinespeciesmonitoring.us/ annual or biennial basis if mitigation or Naval Research programs have also regions/pacific/current-projects/. monitoring measures should be resulted in significant contributions to Projects can be either major multi-year modified (including additions or information on hearing ranges and efforts, or one to two-year special deletions). Mitigation or monitoring acoustic criteria used in effects studies. measures could be modified if new data modeling, exposure, and response, as The majority of the testing and suggests that such modifications will well as developing tools to assess training activities Navy is proposing for have a reasonable likelihood of more

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effectively accomplishing the goals of months of receipt. The report will be Information included in the annual the mitigation and monitoring and if the considered final after the Navy has reports may be used to inform future measures are practicable. If the addressed NMFS’ comments, or three adaptive management of activities modifications to the mitigation, months after the submission of the draft within the PMSR Study Area. monitoring, or reporting measures are if NMFS does not provide comments on Other Reporting and Coordination substantial, NMFS will publish a notice the draft report. The report would of the proposed LOA in the Federal summarize the launch events conducted The Navy will continue to report and Register and solicit public comment. during the year; assess any direct coordinate with NMFS for the The following are some of the following: impacts to pinnipeds from launch • possible sources of applicable data to be events; assess any cumulative impacts Annual marine species monitoring considered through the adaptive on pinnipeds from launch events; and technical review meetings that also management process: (1) Results from summarize pinniped monitoring and include researchers and the Marine monitoring and exercises reports, as research activities conducted on SNI Mammal Commission. Every two years required by MMPA authorizations; (2) and any findings related to effects of a joint Pacific-Atlantic meeting is held); results from specific stranding and launch noise on pinniped populations. • investigations; (3) results from general Annual Adaptive Management marine mammal and sound research; Annual PMSR Training and Testing meetings that also include the Marine and (4) any information which reveals Exercise Report Mammal Commission (recently modified to occur in conjunction with that marine mammals may have been Each year the Navy will submit a the annual monitoring technical review taken in a manner, extent, or number detailed report (Annual PMSR Training meeting). not authorized by these regulations or and Testing Activity Report) to NMFS subsequent LOA. The results from within three months after the one-year Preliminary Analysis and Negligible monitoring reports and other studies anniversary of the date of issuance of Impact Determination may be viewed at https:// the LOA. NMFS will submit comments General Negligible Impact Analysis www.navymarinespeciesmonitoring.us. or questions on the report, if any, within Proposed Reporting one month of receipt. The report will be Introduction considered final after the Navy has NMFS has defined negligible impact In order to issue incidental take addressed NMFS’ comments, or one authorization for an activity, section as an impact resulting from the month after submission of the draft if specified activity that cannot be 101(a)(5)(A) of the MMPA states that NMFS does not provide comments on NMFS must set forth requirements reasonably expected to, and is not the draft report. The annual report will reasonably likely to, adversely affect the pertaining to the monitoring and contain information on all explosives reporting of such taking. Effective species or stock through effects on used, total annual number of each type annual rates of recruitment or survival reporting is critical both to compliance of explosive exercises; and total annual as well as ensuring that the most value (i.e., population-level effects) (50 CFR expended/detonated rounds (missiles, 216.103). An estimate of the number of is obtained from the required bombs etc.) for each explosive bin. The monitoring. Reports from individual takes alone is not enough information annual report will also specifically on which to base an impact monitoring events, results of analyses, include information on sound sources publications, and periodic progress determination. In considering how used. The annual report will also Level A harassment or Level B reports for specific monitoring projects contain the current year’s explosive use will be posted to the Navy’s Marine harassment factor into the negligible data as well as the cumulative sonar and impact analysis, in addition to Species Monitoring web portal: http:// explosive use quantity from previous www.navymarinespeciesmonitoring.us. considering the number of estimated years’ reports. Additionally, if there takes, NMFS considers other factors, Notification of Injured, Live Stranded or were any changes to the explosives such as the likely nature of any Dead Marine Mammals allowance in the reporting year or responses (e.g., intensity, duration), the The Navy will consult the cumulatively, the report will include a context of any responses (e.g., critical Notification and Reporting Plan, which discussion of why the change was made reproductive time or location, sets out notification, reporting, and and include analysis to support how the migration), as well as effects on habitat, other requirements when injured, live change did or did not affect the analysis and the likely effectiveness of the stranded, or dead marine mammals are in the 2021 PMSR FEIS/OEIS and mitigation. Consistent with the 1989 detected. The Notification and MMPA final rule. See the regulatory text preamble for NMFS’ implementing Reporting Plan is available at https:// below for detail on the content of the regulations (54 FR 40338; September 29, www.fisheries.noaa.gov/action/ annual report. 1989), the impacts from other past and incidental-take-authorization-us-navy- The final annual/close-out report at ongoing anthropogenic activities are testing-and-training-activities-point- the conclusion of the authorization incorporated into this analysis via their mugu-sea-range. period (year seven) will also serve as the impacts on the baseline (e.g., as comprehensive close-out report, and reflected in the regulatory status of the Annual SNI Monitoring Report will include both the final year annual species, population size and growth rate The Navy would submit an annual use compared to annual authorization where known). report to NMFS of the SNI rocket and and a cumulative seven-year annual use In the Estimated Take of Marine missile launch activities. The draft compared to seven-year authorization. Mammals section of this proposed rule, annual monitoring report must be NMFS must submit comments on the we identified the subset of potential submitted to the Director, Office of draft close-out report, if any, within effects that are reasonably expected to Protected Resources, NMFS, within three months of receipt. The report will occur and rise to the level of takes based three months after the end of the be considered final after the Navy has on the methods described. The impact reporting year. NMFS will submit addressed NMFS’ comments, or three that any given take will have on an comments or questions on the draft months after the submission of the draft individual, and ultimately the species or monitoring report, if any, within three if NMFS does not provide comments. stock, is dependent on many case-

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specific factors that need to be individuals of that species or where instances may represent either brief considered in the negligible impact there is information about the status or exposures (seconds) or, in some cases, analysis (e.g., the context of behavioral structure of any species that would lead several exposures within a day. Most exposures such as duration or intensity to a differing assessment of the effects explosives detonating at or near the of a disturbance, the health of impacted on the species. Organizing our analysis surface, especially those involving the animals, the status of a species that by grouping species that share common larger explosive bins such as a incurs fitness-level impacts to traits or that will respond similarly to MISSILEX, have brief exposures lasting individuals, etc.). For this proposed effects of the Navy’s activities and then only a few milliseconds to minutes for rule, we evaluated the likely impacts of providing species-specific information the entire event. Explosive events may the number of harassment takes allows us to avoid duplication while be a single event involving one reasonably expected to occur, and assuring that we have analyzed the explosion (single exposure) or a series of proposed for authorization, in the effects of the specified activities on each intermittent explosives (multiple context of the specific circumstances affected species and stock. explosives) occurring over the course of surrounding these predicted takes. Last, The Navy’s take request, which, as a day. Gunnery events, in some cases, we collectively evaluated this described above, is for harassment only, may have longer durations of exposure information, as well as other more taxa- is based on its acoustic model. The to intermittent sound. In general, specific information and mitigation model calculates sound energy gunnery events can last intermittently measure effectiveness, in group-specific propagation from explosives during over 1–3 hrs in total; however the actual assessments that support our negligible naval activities; the sound or impulse exposure during the event would be of impact conclusions for each species and received by animat dosimeters a much shorter duration (seconds to stock. representing marine mammals minutes). As explained in the Estimated Take of distributed in the area around the Marine Mammals section, no take by modeled activity; and whether the Behavioral Response serious injury or mortality is proposed sound or impulse energy received by a Behavioral reactions from explosive for authorization or anticipated to occur. marine mammal exceeds the thresholds sounds are likely to be similar to The Specified Activities reflect for effects. Assumptions in the Navy reactions studied for other impulsive maximum levels of training and testing model intentionally err on the side of sounds such as those produced by air activities. The Description of the overestimation when there are guns. Impulsive signals, particularly at Specified Activity section describes unknowns. Naval activities are modeled close range, have a rapid rise time and annual activities. There may be some as though they would occur regardless higher instantaneous peak pressure than flexibility in the exact number of of proximity to marine mammals, other signal types, making them more detonations that may vary from year to meaning that no mitigation is likely to cause startle responses or year, but take totals will not exceed the considered and without any avoidance avoidance responses. Most data has seven-year totals indicated in Table 18 of the activity by the animal. NMFS come from seismic surveys that occur as well as take annual and seven-year provided input to, independently over long durations (e.g., on the order of totals described for missile launch reviewed, and concurred with the Navy days to weeks), and typically utilize activities on SNI in Table 19. We base on this process and the Navy’s analysis, large multi-air gun arrays that fire our analysis and negligible impact which is described in detail in Section repeatedly. While seismic air gun data determination on the maximum number 6 of the Navy’s rulemaking/LOA provides the best available science for of takes that are reasonably expected to application, and which was used to assessing behavioral responses to occur and proposed for authorization, quantify harassment takes for this impulsive sounds (i.e., sounds from although, as stated before, the number of proposed rule. explosives) by marine mammals, it is takes are only a part of the analysis, Generally speaking, the Navy and likely that these responses represent a which includes qualitative NMFS anticipate more severe effects worst-case scenario compared to most consideration of other contextual factors from takes resulting from exposure to Navy explosive noise sources. There are that influence the degree of impact of higher received levels (though this is in no explosives proposed to detonate the takes on the affected individuals. To no way a strictly linear relationship for underwater, only those that detonate at avoid repetition, we provide some behavioral effects throughout species, or near the surface of the water. For general analysis in this General individuals, or circumstances), and less explosives detonating at or near the Negligible Impact Analysis section that severe effects from takes resulting from surface, an animal is considered applies to all the species and stocks exposure to lower received levels. exposed to a sound if the received listed in Tables 18 and 19, given that However, there is also growing evidence sound level at the animal’s location is some of the anticipated effects of the of the importance of distance in above the background ambient noise Navy’s training and testing activities on predicting marine mammal behavioral level within a similar frequency band. marine mammals are expected to be response to sound—i.e., sounds of a For launches of targets and missiles relatively similar in nature. Then, in the similar level emanating from a more from SNI, years of monitoring have Group and Species-Specific Analyses distant source have been shown to be demonstrated that sound levels at the section, we subdivide into discussions less likely to evoke a response of equal nearest pinniped haulout site would of Mysticetes, Odontocetes, and magnitude (DeRuiter 2012, Falcone et produce short-term, localized changes Pinnipeds as there are broad life history al. 2017). The estimated number of in behavior, including temporarily traits that support an overarching Level A harassment and Level B vacating haul-outs. discussion of some factors considered harassment takes does not equate to the As described in the Navy’s within the analysis for those groups number of individual animals the Navy application, the Navy identified (with (e.g., high-level differences in feeding expects to harass (which is lower), but NMFS’ input) the types of behaviors strategies). Last, we break our analysis rather to the instances of take (i.e., that would be considered a take into species and stock, or groups of exposures above the Level A harassment (moderate behavioral responses as species where relevant similarities exist, and Level B harassment threshold) that characterized in Southall et al. (2007) to provide more specific information are anticipated to occur annually and (e.g., altered migration paths or dive related to the anticipated effects on over the seven-year period. These profiles, interrupted nursing, breeding

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or feeding, or avoidance) that also percentage of the anticipated Level B explosive detonation events are would be expected to continue for the harassment from Navy activities would scheduled to occur over a short duration duration of an exposure). The Navy then be expected to potentially result in more (one to a few hours); however, the compiled the available data indicating severe responses (see the Group and explosive detonation component of the the received sound levels and distances Species-Specific Analyses section below activity only lasts for seconds. Although from the sources when those responses for more detailed information). To fully explosive detonation events may have occurred to predict how many understand the likely impacts of the sometimes be conducted in the same instances of Level B harassment by predicted/authorized take on an general areas repeatedly, because of behavioral disturbance occur in a day. individual (i.e., what is the likelihood or their short duration and the fact that Take estimates alone do not provide degree of fitness impacts), one must they are in the open ocean and animals information regarding the potential look closely at the available contextual can easily move away, it is similarly fitness or other biological consequences information, such as the duration of unlikely that animals would be exposed of the reactions on the affected likely exposures and the likely severity for long, continuous amounts of time, or individuals. NMFS therefore considers of the exposures (e.g., whether they will demonstrate sustained behavioral the available activity-specific, occur for a longer duration over responses. All of these factors make it environmental, and species-specific sequential days or the comparative unlikely that individuals would be information to determine the likely sound level that will be received). exposed to the exercise for extended nature of the modeled behavioral Ellison et al. (2012) and Moore and periods or on consecutive days. responses and the potential fitness Barlow (2013), among others, emphasize Assessing the Number of Individuals consequences for affected individuals. the importance of context (e.g., Taken and the Likelihood of Repeated In the range of potential behavioral behavioral state of the animals, distance Takes effects that might be expected to be part from the sound source) in evaluating of a response that qualifies as an behavioral responses of marine As described previously, Navy instance of Level B harassment by mammals to acoustic sources. modeling uses the best available science behavioral disturbance (which by nature to predict the instances of exposure of the way it is modeled/counted, Diel Cycle above certain acoustic thresholds, occurs within one day), the less severe Many animals perform vital functions, which are quantified as harassment end might include exposure to such as feeding, resting, traveling, and takes. However, these numbers from the comparatively lower levels of a sound, socializing on a diel cycle (24-hour model do not identify whether and at a detectably greater distance from the cycle). Behavioral reactions to noise when the enumerated instances occur to animal, for a few or several minutes. A exposure, when taking place in a the same individual marine mammal on less severe exposure of this nature could biologically important context, such as different days, or how any such result in a behavioral response such as disruption of critical life functions, repeated takes may impact those avoiding an area that an animal would displacement, or avoidance of important individuals. One method that NMFS can otherwise have chosen to move through habitat, are more likely to be significant use to help better understand the overall or feed in for some amount of time or if they last more than one diel cycle or scope of the impacts is to compare the breaking off one or a few feeding bouts. recur on subsequent days (Southall et total instances of take against the More severe effects could occur when al., 2007). For example, Henderson et al. abundance of that species (or stock if the animal gets close enough to the (2016) found that ongoing smaller scale applicable). For example, if there are source to receive a comparatively higher events had little to no impact on 100 estimated harassment takes in a level, or is exposed intermittently to foraging dives for Blainville’s beaked population of 100, one can assume different sources throughout a day. Such whale, while multi-day training events either that every individual will be effects might result in an animal having may decrease foraging behavior for exposed above acoustic thresholds in no a more severe flight response and Blainville’s beaked whale (Manzano- more than one day, or that some smaller leaving a larger area for a day or more Roth et al., 2016). There are very few number will be exposed in one day but or potentially losing feeding multi-day training events proposed for a few individuals will be exposed opportunities for a day. However, such PMSR. multiple days within a year and a few severe behavioral effects are expected to Durations of Navy activities utilizing not exposed at all. However, in this occur infrequently. explosives vary and are fully described proposed rule the percentage of takes The majority of Level B harassment in Appendix A (PMSR Scenarios relative to abundance is under five takes are expected to be in the form of Descriptions) of the 2020 PMSR DEIS/ percent for all species and in most cases milder responses (i.e., lower-level OEIS. The PMSR has activity occurring less than one percent, meaning that it is exposures that still rise to the level of daily, but tests range from just a single less likely that individuals of most take) of a generally shorter duration. We missile launch or multiple launches, or species will be taken multiple times, anticipate more severe effects from takes may only be a captive carry where no although we note that pinnipeds that when animals are exposed to higher munitions are air launched but the test haul out regularly in areas where received levels or at closer proximity to is to determine the aircraft’s ability to activities are regularly conducted are the source. However, depending on the function properly with a missile on more likely to be taken on multiple context of an exposure (e.g., depth, board, to a single or dual target launch days. distance, if an animal is engaged in from SNI, or a CSSQT where the ship’s important behavior such as feeding), a capability is tested by how it performs Temporary Threshold Shift behavioral response can vary across with a multiple weapons systems NMFS and the Navy have estimated species and individuals within a against a target. Also, while some tests that some species and stocks of marine species. Specifically, given a range of are planned well in advance, some mammals may sustain some level of behavioral responses that may be portions of or the entire test may be TTS from explosive detonations. In classified as Level B harassment, to the cancelled due to weather or atmospheric general, TTS can last from a few degree that higher received levels are conditions, sea state, a particular system minutes to days, be of varying degree, expected to result in more severe or support infrastructure dysfunction, or and occur across various frequency behavioral responses, only a smaller many other factors. Most proposed bandwidths, all of which determine the

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severity of the impacts on the affected in the form of mild (single-digit), short- potential for masking to be of a long individual, which can range from minor term (minutes to hours) TTS. This duration. Masking is fundamentally to more severe. Explosives are generally means that for one time a year, for more of a concern at lower frequencies, referenced as broadband because of the several minutes, a taken individual will because low frequency signals propagate various frequencies. Table 31 indicates have slightly diminished hearing significantly further than higher the number of takes by TTS that may be sensitivity (slightly more than natural frequencies and because they are more incurred by different species from variation, but nowhere near total likely to overlap both the narrower low- exposure to explosives. The TTS deafness). The expected results of any frequency calls of mysticetes, as well as sustained by an animal is primarily one of these small number of mild TTS many non-communication cues, such as classified by three characteristics: occurrences could be that (1) it does not sounds from fish and invertebrate prey 1. Frequency—Available data (of mid- overlap signals that are pertinent to that and geologic sounds that inform frequency hearing specialists exposed to animal in the given time period, (2) it navigation. Masking is also more of a mid- or high-frequency sounds; Southall overlaps parts of signals that are concern from continuous sources et al., 2007) suggest that most TTS important to the animal, but not in a (versus intermittent) where there is no occurs in the frequency range of the manner that impairs interpretation, or quiet time between a sound source source up to one octave higher than the (3) it reduces detectability of an within which auditory signals can be source (with the maximum TTS at 1⁄2 important signal to a small degree for a detected and interpreted. Explosions octave above). TTS from explosives short amount of time—in which case the introduce low-frequency, broadband would be broadband. animal may be aware and be able to sounds into the environment, which 2. Degree of the shift (i.e., by how compensate (but there may be slight could momentarily mask hearing many dB the sensitivity of the hearing energetic cost), or the animal may have thresholds in animals that are nearby, is reduced)—Generally, both the degree some reduced opportunities (e.g., to although sounds from explosions last of TTS and the duration of TTS will be detect prey) or reduced capabilities to for only a few seconds at most. Masking greater if the marine mammal is exposed react with maximum effectiveness (e.g., due to these short duration detonations to a higher level of energy (which would to detect a predator or navigate would not be significant. Activities that occur when the peak dB level is higher optimally). However, given the small have multiple, repeated detonations, or the duration is longer). The threshold number of times that any individual such as some naval gunfire activities, for the onset of TTS was discussed might incur TTS, the low degree of TTS could result in masking for mysticetes previously in this proposed rule. An and the short anticipated duration, and near the target impact area over the animal would have to approach closer the low likelihood that one of these duration of the event. Effects of masking to the source or remain in the vicinity instances would occur across a time are only present when the sound from of the sound source appreciably longer period in which the specific TTS the explosion is present, and the effect to increase the received SEL. The sound overlapped the entirety of a critical is over the moment the sound is no resulting from an explosive detonation signal, it is unlikely that TTS of the longer detectable. Therefore, short-term is considered an impulsive sound and nature expected to result from the Navy exposure to the predominantly shares important qualities (i.e., short activities would result in behavioral intermittent explosions are not expected duration and fast rise time) with other changes or other impacts that would to result in a meaningful amount of impulsive sounds such as those impact any individual’s (of any hearing masking. For the reasons described here, produced by air guns. Given the sensitivity) reproduction or survival. any limited masking that could anticipated duration and levels of sound potentially occur from explosives would exposure, we would not expect marine Auditory Masking or Communication be minor and short-term and mammals to incur more than relatively Impairment low levels of TTS (i.e., single digits of The ultimate potential impacts of intermittent. Long-term consequences sensitivity loss). masking on an individual (if it were to from physiological stress due to the 3. Duration of TTS (recovery time)— occur) are similar to those discussed for sound of explosives would not be In the TTS laboratory studies (as TTS, but an important difference is that expected. In conclusion, masking is discussed in the Potential Effects of masking only occurs during the time of more likely to occur in the presence of Specified Activities on Marine the signal, versus TTS, which continues broadband, relatively continuous noise Mammals and their Habitat section of beyond the duration of the signal. sources such as from vessels; however, the proposed rule), some using Fundamentally, masking is referred to the duration of temporal and spatial exposures of almost an hour in duration as a chronic effect because one of the overlap with any individual animal and or up to 217 SEL, almost all individuals key potential harmful components of the spatially separated sources that the recovered within 1 day (or less, often in masking is its duration—the fact that an Navy uses would not be expected to minutes), although in one study animal would have reduced ability to result in more than short-term, low (Finneran et al., 2007) recovery took 4 hear or interpret critical cues becomes impact masking that would not affect days. For the same reasons discussed in much more likely to cause a problem reproduction or survival of individuals. the Preliminary Analysis and Negligible the longer it is occurring. Also inherent Auditory Injury (Permanent Threshold Impact Determination—Diel Cycle in the concept of masking is the fact that Shift) section, and because of the short the potential for the effect is only distance animals would need to be from present during the times that the animal Table 31 indicates the number of the sound source, it is unlikely that and the source are in close enough individuals of each species for which animals would be exposed to the levels proximity for the effect to occur (and Level A harassment in the form of PTS necessary to induce TTS in subsequent further, this time period would need to resulting from exposure to or explosives time periods such that their recovery is coincide with a time that the animal is estimated to occur. The number of impeded. was utilizing sounds at the masked individuals to potentially incur PTS The TTS takes would be the result of frequency). As our analysis has annually (from explosives) for each exposure to explosive detonations indicated, because of the sound sources species ranges from 0 to 49 (49 is for (broad-band). As described above, we primarily involved in this rule, we do Dall’s porpoise), but is more typically 0 expect the majority of these takes to be not expect the exposures with the or 1. As described previously, no

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species are expected to incur non- detection capabilities, at the expected marine mammals in the PMSR Study auditory injury from explosives. scale it would be unlikely to impact Area from the previous section, and As discussed previously, the Navy behaviors, opportunities, or detection include first information and analysis utilizes aerial monitoring in addition to capabilities to a degree that would that applies to mysticetes or, separately, Lookouts on vessels to detect marine interfere with reproductive success or odontocetes, and pinnipeds and then mammals for mitigation survival of any individuals. within those three sections, more implementation. These Level A Physiological Stress Response specific information that applies to harassment take numbers represent the smaller groups, where applicable, and maximum number of instances in which Some of the lower level physiological the affected species and stocks. The marine mammals would be reasonably stress responses (e.g., orientation or specific take numbers proposed for expected to incur PTS, and we have startle response, change in respiration, analyzed them accordingly. In relation change in heart rate) discussed in the authorization are discussed in Tables 31 to TTS, the likely consequences to the Potential Effects of Specified Activities and 32, and here we provide some health of an individual that incurs PTS on Marine Mammals and their Habitat additional context and discussion can range from mild to more serious would likely co-occur with the regarding how we consider the depending upon the degree of PTS and predicted harassments, although these proposed take numbers in those the frequency band it is in. Any PTS responses are more difficult to detect analyses. The maximum amount and accrued as a result of exposure to Navy and fewer data exist relating these type of incidental take of marine activities would be expected to be of a responses to specific received levels of mammals reasonably likely to occur small amount. Permanent loss of some sound. However, we would not expect from explosive detonations and target degree of hearing is a normal occurrence the Navy’s generally short-term and and missile launch activities and for older animals, and many animals are intermittent activities to create therefore authorized during the seven- able to compensate for the shift, both in conditions of long-term, continuous year training and testing period are old age or at younger ages as the result noise leading to long-term physiological shown in Tables 31 and 32 below. The of stressor exposure (Green et al., 1987; stress responses in marine mammals vast majority of predicted exposures are Houser et al., 2008; Ketten 2012; Mann that could affect reproduction or expected to be Level B harassment (TTS et al., 2010; McGfown et al., 2020). survival. and behavioral disturbance) from While a small loss of hearing sensitivity Group and Species-Specific Analyses explosive sources during training and may include some degree of energetic testing activities and missile launch costs for compensating or may mean In this section, we build on the activities on SNI. some small loss of opportunities or general analysis that applies to all

TABLE 31— ANNUAL ESTIMATED TAKES BY LEVEL A AND LEVEL B HARASSMENT FOR MARINE MAMMALS IN THE PMSR STUDY AREA (EXCLUDING SNI) AND THE NUMBER INDICATING THE INSTANCES OF TOTAL TAKE AS A PERCENTAGE OF STOCK ABUNDANCE

Proposed annual take by Level A and Level B harassment Abundance Common name Stock/DPS Total take (2020 draft Percent taken Behavioral SARS) by abundance response TTS PTS

Blue whale * ...... Eastern North Pa- 7 4 0 11 1,496 0.74 cific. Fin whale * ...... California, Oregon, 14 7 1 22 9,029 0.24 and Washington. Gray whale ...... Eastern North Pa- 9 5 0 14 26,960 0.05 cific. Humpback whale * California, Oregon, 7 4 0 11 2,900 0.38 and Washington/ Mexico DPS. California, Oregon, 1 0 0 1 2,900 0.03 and Washington/ Central America DPS. Minke whale ...... California, Oregon, 2 1 0 3 636 0.47 and Washington. Bottlenose dolphin California, Oregon, 5 5 1 11 1924 0.57 and Washington Offshore. Dall’s porpoise ...... California, Oregon, 261 406 49 716 25,750 2.78 and Washington. Dwarf sperm whale California, Oregon, 20 31 6 57 4,111 1.39 and Washington. Long-beaked com- California ...... 66 44 9 119 101,305 0.12 mon dolphin. Northern right California, Oregon, 3 2 1 6 26,556 0.02 whale dolphin. and Washington. Pacific white-sided California, Oregon, 11 8 2 21 26,814 0.08 dolphin. and Washington. Pygmy sperm California, Oregon, 20 31 6 57 4,111 1.39 whale. and Washington.

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TABLE 31— ANNUAL ESTIMATED TAKES BY LEVEL A AND LEVEL B HARASSMENT FOR MARINE MAMMALS IN THE PMSR STUDY AREA (EXCLUDING SNI) AND THE NUMBER INDICATING THE INSTANCES OF TOTAL TAKE AS A PERCENTAGE OF STOCK ABUNDANCE—Continued

Proposed annual take by Level A and Level B harassment Abundance Common name Stock/DPS Total take (2020 draft Percent taken Behavioral SARS) by abundance response TTS PTS

Risso’s dolphins .... California, Oregon, 6 3 1 10 6,336 0.16 and Washington. Short-beaked com- California, Oregon, 90 65 15 170 969,861 0.02 mon dolphin. and Washington. Sperm whale * ...... California, Oregon, 1 1 0 2 1,997 0.10 and Washington. Striped dolphin ...... California, Oregon, 1 1 0 2 29,211 0.01 and Washington. Harbor seal ...... California ...... 202 120 14 336 30,968 1.08 Northern elephant California ...... 37 63 22 122 179,000 0.07 seal. California sea lion U.S. Stock ...... 8 12 2 22 257,606 0.01 Guadalupe fur Mexico to Cali- 1 1 0 2 34,187 0.01 seal *. fornia. Note: Percentages taken by abundance may be less for some stocks as the abundance would be less in the PMSR Study Area depending on the range of a particular stock. * ESA-listed species in PMSR Study Area.

TABLE 32—ANNUAL ESTIMATED TAKES BY LEVEL A AND LEVEL B HARASSMENT FOR PINNIPED ON SNI AND THE NUMBER INDICATING THE INSTANCES OF TOTAL TAKE AS A PERCENTAGE OF STOCK ABUNDANCE

Proposed Proposed 7- annual take Abundance Percent taken year total take Species Stock by Level B (2020 draft by abundance by Level B harassment SARS) harassment

California sea lion ...... U.S. 11,000 257,606 4.27 77,000 Harbor seal ...... California 480 30,968 1.55 3,360 Northern elephant seal ...... California 40 179,000 0.02 280

In the discussions below, the one per year; and (3) we would not of Level A harassment takes by PTS are estimated takes by Level B harassment expect any individuals to be taken more so low (and zero in most cases) represent instances of take, not the than a few times in a year, or for those compared to abundance numbers that it number of individuals taken (the much days to be sequential. is considered highly unlikely that any lower and less frequent takes by Level To assist in understanding what this individual would be taken at those A harassment are far more likely to be analysis means, we clarify a few issues levels more than once. associated with separate individuals). related to estimated takes and the On the less severe end, exposure to The total take numbers (by any method analysis here. An individual that incurs comparatively lower levels of sound at of taking) for species are compared to PTS or TTS may sometimes, for a detectably greater distance from the their associated abundance estimates to example, also be subject to direct animal, for a few or several minutes, evaluate the magnitude of impacts behavioral disturbance at the same time. could result in a behavioral response across the species and to individuals. As described above in this section, the such as avoiding an area that an animal Abundance percentage comparisons are degree of PTS, and the degree and would otherwise have moved through or less than three percent for all species duration of TTS, expected to be fed in, or breaking off one or a few and stocks and nearly all are one incurred from the Navy’s activities are feeding bouts. More severe behavioral percent or less and zero in many cases not expected to impact marine effects could occur when an animal gets for explosives and less than five percent mammals such that their reproduction close enough to the source to receive a for all species on SNI from target and or survival could be affected. Similarly, comparatively higher level of sound, is missile launch activities. This means data do not suggest that a single exposed continuously to one source for that: (1) Not all of the individuals will instance in which an animal incurs PTS a longer time, or is exposed be taken, and many will not be taken at or TTS and also has an additional direct intermittently to different sources all; (2) barring specific circumstances behavioral response would result in throughout a day. Such effects might suggesting repeated takes of individuals impacts to reproduction or survival. result in an animal having a more severe (such as in circumstances where all Accordingly, in analyzing the numbers flight response and leaving a larger area activities resulting in take are focused in of takes and the likelihood of repeated for a day or more, or potentially losing one area and time where the same and sequential takes, we consider all the feeding opportunities for a day. individual marine mammals are known types of take, so that individuals However, such severe behavioral effects to congregate, such as pinnipeds on potentially experiencing both threshold are not expected to occur. SNI), the average or expected number of shift and direct behavioral responses are Occasional, milder behavioral days taken for those individuals taken is appropriately considered. The number reactions are unlikely to cause long-term

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consequences for individual animals or having effects that would impact the source is located directly on their populations, and even if some smaller reproduction or survival of any of the migration route. Mysticetes disturbed subset of the takes are in the form of a individual marine mammals affected by while migrating could pause their longer (several hours or a day) and more the Navy’s activities. There is no migration or route around the severe responses, if they are not predicted non-auditory tissue damage disturbance, while males en route to expected to be repeated over sequential from explosives for any species, and breeding grounds have been shown to days, impacts to individual fitness are only one take by PTS of any mysticete be less responsive to disturbances. not anticipated. Nearly all studies and (fin whale) annually. Much of the Although some may pause temporarily, experts agree that infrequent exposures discussion below focuses on the they will resume migration shortly after of a single day or less are unlikely to behavioral effects and the mitigation the exposure ends. Animals disturbed impact an individual’s overall energy measures that reduce the probability or while engaged in other activities such as budget (Farmer et al., 2018; Harris et al., severity of effects. Because there are feeding or reproductive behaviors may 2017; King et al., 2015; NAS 2017; New species-specific considerations, at the be more likely to ignore or tolerate the et al., 2014; Southall et al., 2007; end of the section we break out our disturbance and continue their natural Villegas-Amtmann et al., 2015). findings on a species-specific basis. behavior patterns. Because noise from The analyses below in some cases In Table 31 above, we indicate for most activities using explosives is short address species and stocks collectively each species the total annual numbers of term and intermittent, and because if they occupy the same functional take by Level A and Level B harassment detonations usually occur within a hearing group (i.e., low, mid, and high- for mysticetes, and a number indicating small area, behavioral reactions from frequency cetaceans and pinnipeds), the instances of total take as a mysticetes, if they occur at all, are likely share similar life history strategies, and/ percentage of abundance in the PMSR to be short term and of little to no or are known to behaviorally respond Study Area. Note also that for significance. similarly to stressors. Because some of mysticetes, the abundance within the Noise from explosions is broadband these groups or species share PMSR Study Area represents only a with most energy below a few hundred characteristics that inform the impact portion of the species or stock Hz; therefore, any reduction in hearing analysis similarly, it would be abundance. sensitivity from exposure to explosive duplicative to repeat the same analysis No Bryde’s whales, gray whales sounds is likely to be broadband with for each species. In addition, similar (Western North Pacific stock), or sei effects predominantly at lower species typically have the same hearing whales would be taken by Level A frequencies. Mysticetes that do capabilities and behaviorally respond in harassment or Level B harassment and experience threshold shift (i.e., TTS or the same manner. therefore are not discussed further. For the one instance of PTS for fin whale) Thus, our analysis below considers other mysticetes, exposure to explosives from exposure to explosives may have the effects of the Navy’s activities on will result in small numbers of take: 1– reduced ability to detect biologically each affected species even where 14 Takes by Level B harassment by important sounds (e.g., social discussion is organized by functional behavioral disturbance per species, and vocalizations). For example, during the hearing group and/or information is 4–7 by TTS per species. One take by short period that a mysticete evaluated at the group level. Where PTS will result for fin whales and 0 for experiences TTS, social calls from there are meaningful differences all other mysticetes. Based on this conspecifics could be more difficult to between species that would further information, the majority of the Level B detect or interpret, the ability to detect differentiate the analysis, they are either harassment by behavioral disturbance is predators may be reduced, and the described within the section or the expected to be of low severity and of ability to detect and avoid sounds from discussion for those species is included shorter duration. No non-auditory tissue approaching vessels or other stressors as a separate subsection. Specifically, damage from training and testing might be reduced. Any TTS that would below we first give broad descriptions of activities is anticipated or authorized for occur would be of short duration. the mysticete, odontocete, and pinniped any species. While NMFS can make a negligible groups and then differentiate into Research and observations show that impact determination on Navy’s further groups and species as if mysticetes are exposed to impulsive estimated take numbers, the appropriate. sounds such as those from explosives, implementation of mitigation and the they may react in a variety of ways, sightability of mysticetes (especially Mysticetes which may include alerting, startling, given their large size) reduces the This section builds on the broader breaking off feeding dives and surfacing, potential for, and severity of, any discussion above and brings together the diving or swimming away, changing threshold shift for mysticetes. When we discussion of the different types and vocalization, or showing no response at look in ocean areas where the Navy has amounts of take that different species all (DOD, 2017; Nowacek, 2007; been intensively training and testing are likely to incur, the applicable Richardson, 1995; Southall et al., 2007). with explosive and other active acoustic mitigation, and the status of the species Overall and in consideration of the sources for decades, there are no data to support the negligible impact context for an exposure, mysticetes have suggesting any long-term consequences determinations for each species. We been observed to be more reactive to to reproduction or survival rates of have described (above in the General acoustic disturbance when a noise mysticetes from explosives and other Negligible Impact Analysis section) the source is located directly in their path active acoustic sources. All the unlikelihood of any masking having or the source is nearby (somewhat mysticete species discussed in this effects that would impact the independent of the sound level) section will benefit from the mitigation reproduction or survival of any of the (Dunlop et al., 2016; Dunlop et al., 2018; measures described earlier in the individual marine mammals affected by Ellison et al., 2011; Friedlaender et al., Proposed Mitigation Measures section. the Navy’s activities. We also described 2016; Henderson et al., 2019; Malme et Below we compile and summarize the in the Potential Effects of Specified al., 1985; Richardson et al., 1995; information that supports our Activities on Marine Mammals and their Southall et al., 2007a). Mysticetes have determination that the Navy’s activities Habitat section of the proposed rule the been observed to be more reactive to will not adversely affect any species unlikelihood of any habitat impacts acoustic disturbance when a noise through effects on annual rates of

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recruitment or survival for any of the (threatened) and Central America requiring an aerial target impact area, affected mysticete species. (endangered) DPS of humpback whales missile launches from SNI, aerial and Humpback whale—As noted in the and has an increasing population trend. ship-based gunnery events, and sea Description of Marine Mammals and There is proposed critical habitat for surface missile launches. Even if some Their Habitat in the Area of the humpback whales in the PMSR Study small number of blue whale takes Specified Activities section, humpback Area. Our analysis suggests only a very occurred in these BIAs and were to whales in the PMSR Study Area are part small portion of the stock will be taken disrupt feeding behaviors, the short- of the ESA-threatened Mexico DPS and and disturbed at a low-level with those term nature of the anticipated takes ESA-endangered Central America DPS individuals disturbed on likely one day from these activities, combined with the of the CA/OR/WA stock with an within a year. The proposed takes are likelihood that they would not occur on increasing population trend. ESA not expected to result in impacts on the more than one day for any individual Critical Habitat has been proposed in reproduction or survival of any within a year, means that they are not the PMSR Study Area. There are two individuals, let alone have impacts on expected to impact the reproduction or biologically important areas for annual rates of recruitment or survival. survival of any individuals. humpback whale feeding that overlap No Level A harassment, serious injury, NMFS proposes to authorize 11 takes with a portion of the PMSR Study or mortality is anticipated or proposed by Level B harassment, 7 takes by Area—the Morro Bay to Point Sal for authorization. This low magnitude behavioral disturbance and 4 takes by Feeding Area (designated from April to and severity of harassment effects is not TTS for blue whales (Table 31). November) and the Santa Barbara expected to result in impacts on the Regarding the magnitude of takes by Channel–San Miguel Feeding Area reproduction or survival of any Level B harassment (TTS and behavioral (designated from March to September) individuals, let alone have impacts on disruption), the number of estimated (Calambokidis et al., 2015). Navy testing annual rates of recruitment or survival. total instances of take compared to the and training activities that use Therefore, the total take will not abundance is less than 1 percent (Table explosives could occur year round adversely affect this species through 31). Regarding the severity of those within the PMSR Study Area, although impacts on annual rates of recruitment individual takes by Level B harassment they generally would not occur in these or survival. For these reasons, we have by behavioral disturbance, we have relatively nearshore feeding areas, preliminarily determined, in explained that the duration of any because both areas are close to the consideration of all of the effects of the exposure is expected to be between northern Channel Islands NMS, oil Navy’s activities combined, that the seconds and minutes (i.e., short production platforms, and major vessel proposed take will have a negligible duration) (i.e., of a low- level). routes leading to and from the ports of impact on humpback whales. Regarding the severity of takes by TTS, Los Angeles and Long Beach. Further, Blue whale—Blue whales are listed as they are expected to be low-level, of even if some small number of humpback short duration not at a level that will whale takes occurred in these BIAs and endangered under the ESA throughout impact reproduction or survival. were to disrupt feeding behaviors, the their range. The Eastern North Pacific Altogether, blue whales are listed as short-term nature of the anticipated stock occurs in the PMSR Study Area takes from these activities, combined with a stable population trend (NMFS endangered, though the Eastern North with the likelihood that they would not 2019; Calambokidis and Barlow, 2020). Pacific stock is stable, and has a very occur on more than one day for any There is no ESA-designated critical large range. Our analysis suggests that a individual within a year, means that habitat, but there are three biologically very small portion of the stock will be they are not expected to impact the important areas (BIAs) for feeding taken and disturbed at a low-level, with reproduction or survival of any identified for blue whales in the PMSR those individuals disturbed on likely individuals. Study Area. The feeding areas overlap one day within a year. No Level A NMFS proposes 12 takes by Level B (one wholly and two partially) with the harassment, serious injury, or mortality harassment would occur (see Table 31): PMSR Study Area (June through is anticipated or proposed for 7 takes by behavioral disturbance and 4 October). Navy testing and training authorization. This low magnitude and takes by TTS for Mexico DPS humpback activities that use explosives could severity of harassment effects is not whales and 1 take by behavioral occur year round within the PMSR expected to result in impacts on the disturbance and 0 takes by TTS for Study Area. However, activities using reproduction or survival of any Central America DPS humpback whales explosives generally would not take individuals, let alone have impacts on (Table 31). Regarding the magnitude of place in the Point Conception/Arguello annual rates of recruitment or survival. takes by Level B harassment (TTS and to Point Sal Feeding Area or the Santa Therefore, the total take will not behavioral disruption), the number of Barbara Channel and San Miguel adversely affect this species through estimated total instances of take Feeding Area, because both areas are impacts on annual rates of recruitment compared to the abundance is less than close to the northern Channel Islands or survival. For these reasons, we have 1 percent (Table 31). Regarding the NMS, oil production platforms, and preliminarily determined, in severity of those individual takes by major vessel routes leading to and from consideration of all of the effects of the Level B harassment by behavioral the ports of Los Angeles and Long Navy’s activities combined, that the disturbance, we have explained that the Beach. The SNI feeding area overlaps a proposed take will have a negligible duration of any exposure is expected to part of the PMSR Study Area that has impact on blue whales. be between seconds and minutes (i.e., been in high use for Navy testing and Fin whale—Fin whales are listed as short duration) (i.e., of a low level and training activities for decades. Over the endangered under the ESA throughout unlikely to evoke a severe response). years, there has been very little change their range, with no ESA designated Regarding the severity of takes by TTS, in Navy testing and training off SNI, and critical habitat or known biologically they are expected to be low-level, of the waters within Warning Area 289, important areas identified for this short duration not at a level that will which overlap with the SNI Feeding species in the PMSR Study Area. The impact reproduction or survival. Area, are essential for testing and population trend for the CA/OR/WA Altogether, the CA/OR/WA stock training given their proximity to SNI. stock, found in the PMSR Study Area, includes the ESA-listed Mexico DPS The area is used during activities is increasing (NMFS 2019).

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NMFS proposes to authorize 22 takes scale fluctuations of this nature are not Level B harassment (TTS and behavioral by Level B harassment, 14 takes by rare. The observed declines in disruption), the number of estimated behavioral disturbance, 7 takes by TTS, abundance appear to represent short- total instances of take compared to the and 1 take by PTS for fin whales (Table term events that have not resulted in abundance is less than 1 percent (Table 31). Regarding the magnitude of takes by any detectable longer-term impacts on 31). Regarding the severity of those Level B harassment (TTS and behavioral the population. We do not anticipate individual takes by Level B harassment disruption), the number of estimated any mortality or impacts on by behavioral disturbance, we have total instances of take compared to the reproduction or survival of any explained that the duration of any abundance is less than 1 percent (Table individuals, and given the low exposure is expected to be between 31). Regarding the severity of those magnitude and severity of effects from minutes and hours (i.e., relatively short) individual takes by Level B harassment Level B harassment only, even with the (i.e., of a moderate or lower level, less by behavioral disturbance, we have UME, they will not result in impacts on likely to evoke a severe response). explained that the duration of any individual reproduction or survival, Regarding the severity of takes by TTS, exposure is expected to be between much less annual rates of recruitment or they are expected to be low-level, of seconds and minutes (i.e., short) (i.e., of survival. Therefore, population-level short duration not at a level that will a low level). Regarding the severity of effects to gray whales from the Navy’s impact reproduction or survival. takes by TTS, they are expected to be activities despite the UME are not Altogether, gray whales (Eastern low-level, of short duration not at a anticipated. North Pacific stock) are not listed under level that will impact reproduction or Four designated biologically the ESA and the population is survival. important areas for migration for gray increasing. Our analysis suggests that a Altogether, fin whales are listed as whales (Calambokidis et al., 2015) very small portion of the stock will be endangered, with no designated critical overlap with the PMSR Study Area and taken and disturbed at a low level, with habitat or biologically important areas are active migration areas from October those individuals disturbed on likely in the PMSR Study Area, and the CA/ through July, although each individual one day within a year. No Level A OR/WA stock is increasing. Our analysis area has its own specific date range harassment, serious injury, or mortality suggests that a very small portion of the depending on what portion of the is anticipated or proposed for stock will be taken and disturbed at a northbound or southbound migration it authorization. This low magnitude and low level, with those individuals is meant to cover. Gray whales would severity of harassment effects is not disturbed on likely one day within a cross the PMSR Study Area twice a year expected to result in impacts on the year. No serious injury or mortality is during their annual southbound and reproduction or survival of any anticipated or proposed for northbound migrations. Navy testing individuals, either alone or in authorization. This low magnitude and and training activities that use combination with the effects of the severity of harassment effects is not explosives could occur year round UME, let alone have impacts on annual expected to result in impacts on the within the PMSR Study Area, but rates of recruitment or survival. reproduction or survival of any generally they would occur farther Therefore, the total take will not individuals, let alone have impacts on offshore than the shallow-water, adversely affect this species through annual rates of recruitment or survival. nearshore habitat generally preferred by impacts on annual rates of recruitment Therefore, the total take will not gray whales during their migration. In or survival. For these reasons, we have adversely affect this species through an early study investigating the behavior preliminarily determined, in impacts on annual rates of recruitment of migrating gray whales exposed to an consideration of all of the effects of the or survival. For these reasons, we have impulsive source in their migration Navy’s activities combined, that the preliminarily determined, in path, a startle response was observed in proposed take will have a negligible consideration of all of the effects of the 42 percent of the cases, but the change impact on gray whales. Navy’s activities combined, that the in behavior, when it occurred, did not Minke whale—Minke whale is not proposed take will have a negligible persist (Malme et al., 1984; Malme et al., listed as endangered or threatened impact on fin whales. 1988; Richardson, 1995). If a gray whale under the ESA and there are no known Gray whale (Eastern North Pacific were to react to sound from an biologically important areas identified stock)—The Gray whale (Eastern North explosion, it may pause its migration for these species in the PMSR Study Pacific stock) is not listed as endangered until the noise ceases or moves, or it Area. The CA/OR/WA stock occurs in or threatened under the ESA and has an may choose an alternate route around the PMSR Study Area with no known increasing population trend. There is an the location of the sound source if the population trend. active UME for gray whales off the West source was directly in the whale’s NMFS proposes to authorize 3 takes Coast. The Eastern North Pacific migratory path. Even if some small by Level B harassment, 2 takes by population of gray whales that migrate number of gray whale takes occurred in behavioral disturbance and 1 take by along the West Coast has declined about these BIAs in the form of disrupted TTS for minke whales (Table 31). 24 percent since 2016. It now stands at feeding behaviors or traveling for Regarding the magnitude of takes by an estimated 20,580 whales (Stellar and migration, the short-term nature of the Level B harassment (TTS and behavioral Weller 2021). That is similar to previous anticipated takes from these activities, disruption), the number of estimated fluctuations in the Eastern North Pacific combined with the likelihood that they total instances of take compared to the population that has since recovered would not occur on more than one day abundance is less than 1 percent (Table from the days of whaling. The decline for any individual within a year, mean 31). Regarding the severity of those coincides with the UME declared in that they are not expected to impact the individual takes by Level B harassment 2019 and resembles a similar 23 percent reproduction or survival of any by behavioral disturbance, we have decline documented after a UME 20 individuals. explained that the duration of any years earlier, in 1999–2000. The gray NMFS proposes to authorize 14 takes exposure is expected to be between whale population rebounded following by Level B harassment, 9 takes by minutes and hours (i.e., relatively short) that previous UME to greater numbers behavioral disturbance and 5 takes by (i.e., of a moderate or lower level, less than before. The continuing change in TTS for gray whales (Table 31). likely to evoke a severe response). gray whale numbers suggests that large- Regarding the magnitude of takes by Regarding the severity of takes by TTS,

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they are expected to be low-level, of more specific information about the that they actively send out sounds to short duration not at a level that will groups, as well as conclusions for each detect their prey. While there are many impact reproduction or survival. species represented. strategies for hunting, one common Altogether, minke whales are not In Table 31 above, we indicate for pattern, especially for deeper diving listed under the ESA and with no each species the total annual numbers of species, is many repeated deep dives known population trend. Our analysis take by Level A and Level B harassment within a bout, and multiple bouts suggests that a very small portion of the for odontocetes, and a number within a day, to find and catch prey. As stock will be taken and disturbed at a indicating the instances of total take as discussed above, studies demonstrate low level, with those individuals a percentage of abundance in the PMSR that odontocetes may cease their disturbed likely one day within a year. Study Area. Note also that, for all foraging dives in response to sound No Level A harassment, serious injury, odontocetes where estimated take is exposure. If enough foraging or mortality is anticipated or proposed requested, their abundance within the interruptions occur over multiple for authorization. This low magnitude PMSR Study Area represents only a sequential days, and the individual and severity of harassment effects is not portion of their respective species either does not take in the necessary expected to result in impacts on the population. food, or must exert significant effort to reproduction or survival of any No Baird’s beaked whale, Cuvier’s find necessary food elsewhere, energy individuals, let alone have impacts on beaked whale, Mesoplodont spp. harbor budget deficits can occur that could annual rates of recruitment or survival. porpoise, bottlenose dolphin (California potentially result in impacts to Therefore, the total take will not coastal stock), killer whale, or short- reproductive success, such as increased adversely affect this species through finned pilot whale will be taken by cow/calf intervals (the time between impacts on annual rates of recruitment Level A harassment or Level B successive calving). Second, while or survival. For these reasons, we have harassment and therefore are not many mysticetes rely on seasonal preliminarily determined, in discussed further. migratory patterns that position them in consideration of all of the effects of the Odontocete echolocation occurs a geographic location at a specific time Navy’s activities combined, that the predominantly at frequencies of the year to take advantage of proposed take will have a negligible significantly higher than 20 kHz, though ephemeral large abundances of prey impact on minke whales. there may be some small overlap at the (i.e., invertebrates or small fish, which lower part of their echolocating range Odontocetes they eat by the thousands), odontocetes for some species, which means that forage more homogeneously on one fish This section builds on the broader there is little likelihood that threshold or squid at a time. Therefore, if discussion above and brings together the shift, either temporary or permanent odontocetes are interrupted while discussion of the different types and would interfere with feeding behaviors. feeding, it is often possible to find more amounts of take that different species Many of the other critical sounds that prey relatively nearby. are likely to incur, the applicable serve as cues for navigation and prey Dwarf Sperm Whales and Pygmy mitigation for each species, and the (e.g., waves, fish, invertebrates) occur Sperm Whales (Kogia species)—This status of the species to support the below a few kHz and the threshold shift section builds on the broader negligible impact determinations for that might be incurred by individuals odontocete discussion above and brings each species. We have described (above exposed to explosives would likely be together the discussion of the different in the General Negligible Impact lower frequency (5 kHz or less) and types and amounts of take that these Analysis section) the unlikelihood of spanning a wider frequency range, two species are likely to incur, the any masking having effects that would which could slightly lower an applicable mitigation, and the status of impact the reproduction or survival of individual’s sensitivity to navigational the species to support the negligible any of the individual marine mammals or prey cues, or a small portion of impact determinations for each species. affected by the Navy’s activities. We communication calls, for several Some Level A harassment by PTS is also described in the Potential Effects of minutes to hours (if temporary) or anticipated annually (6 takes for Dwarf Specified Activities on Marine permanently. There is no reason to and pygmy whale, see Table 31). Mammals and their Habitat section of think that any of the individual In Table 31 above, we indicate for this proposed rule the unlikelihood of odontocetes taken by TTS would incur each species the total annual numbers of any habitat impacts having effects that these types of takes over more than one take by Level A and Level B harassment would impact the reproduction or day, and therefore they are unlikely to above for dwarf sperm whales and survival of any of the individual marine result in impacts on reproduction or pygmy sperm whales, and a number mammals affected by the Navy’s survival. The number of PTS takes from indicating the instances of total take as activities. There is no predicted PTS these activities are very low (0 annually a percentage of the abundance within from explosives for most odontocetes, for most, 1–15 for a few species, and 49 the PMSR Study Area. Note also that, with the exception of a few species, for Dall’s porpoise), and as discussed for dwarf and pygmy sperm whales (and which is discussed below. There is no previously because of the low degree of all odontocetes), the abundance within predicted non-auditory tissue damage PTS (i.e., low amount of hearing the PMSR Study Area represents only a from explosives for any species. Much sensitivity loss), it is unlikely to affect portion of the species abundance. of the discussion below focuses on the reproduction or survival of any As discussed above, the majority of behavioral effects and the mitigation individuals. takes by Level B harassment by measures that reduce the probability or The range of potential behavioral behavioral disturbance of odontocetes, severity of effects. Here, we include effects of sound exposure on marine and thereby dwarf and pygmy sperm information that applies to all of the mammals generally, and odontocetes whales, is expected to be in the form of odontocete species, which are then specifically, has been discussed in low severity of a shorter duration. As further divided and discussed in more detail previously. There are behavioral discussed earlier in this section, we detail in the following subsections: patterns that differentiate the likely anticipate more severe effects from takes Kogia whales; sperm whales; beaked impacts on odontocetes as compared to when animals are exposed to higher whales; porpoise, and dolphins and mysticetes. First, odontocetes received levels or for longer durations. small whales. These subsections include echolocate to find prey, which means Occasional milder Level B harassment

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by behavioral disturbance, as is the estimated takes by Level A represents only a portion of the species expected here, is unlikely to cause long- harassment takes by PTS for dwarf abundance. term consequences for either individual sperm whales and pygmy sperm whales As discussed above, the majority of animals or populations. are unlikely to impact behaviors, take by Level B harassment by We note that dwarf and pygmy sperm opportunities, or detection capabilities behavioral disturbance of odontocetes, whales, as HF-sensitive species, have a to a degree that will interfere with and thereby sperm whales, is expected lower PTS threshold than all other reproductive success or survival of any to be in the form of low severity of a groups and therefore are generally likely individuals, let alone affect annual rates generally shorter duration and is to experience larger amounts of TTS and of recruitment or survival for the unlikely to cause long-term PTS. NMFS accordingly has evaluated species. consequences for either individual slightly higher numbers of take for these Altogether, dwarf and pygmy sperm animals or populations. species than most odontocetes (some of whales are not listed under the ESA and Sperm whales are listed as which would have zero takes of TTS/ there are no known population trends. endangered under the ESA throughout PTS). Even though the number of TTS Our analysis suggests that a small their range, but there is no ESA and PTS takes are higher than for other portion of the stock in the PMSR Study designated critical habitat or known odontocetes, any TTS and PTS is Area will be taken, and disturbed at a biologically important areas identified expected to be at a low to moderate low to moderate level, with those for this species within the PMSR Study level and for all of the reasons described individuals likely not disturbed on more Area. The CA/OR/WA stock occurs in above, TTS and PTS takes are not than one day a year. No serious injury the PMSR Study with a stable expected to impact reproduction or or mortality is anticipated or proposed population trend (NMFS 2019). Sperm survival of any individual. for authorization. The low magnitude whales will benefit from the mitigation Neither pygmy sperm whales nor and low to moderate severity of measures described earlier in the dwarf sperm whales are listed under the harassment effects is not expected to Proposed Mitigation Measures section. ESA, and there are no known result in impacts on the reproduction or Regarding the magnitude of takes by biologically important areas identified survival of any individuals, let alone Level B harassment (TTS and behavioral for these species in the PMSR Study have impacts on annual rates of disruption), the number of estimated Area. The CA/OR/WA stocks specified recruitment or survival. Therefore, the for pygmy sperm whales and dwarf total instances of take compared to the total take will not adversely affect this sperm whales are found in the PMSR abundance is less than 1 percent in the species through impacts on annual rates Study Area. There is no information on PMSR Study Area (Table 31). Regarding of recruitment or survival. Some trends for these species within the the severity of those individual takes by individuals are estimated to be taken by PMSR Study Area. Both pygmy and Level B harassment by behavioral PTS of likely low to moderate severity. dwarf sperm whales will benefit from disturbance, we have explained that the A small permanent loss of hearing the mitigation measures described duration of any exposure is expected to sensitivity (PTS) may include some earlier in the Proposed Mitigation be between seconds and minutes (i.e., Measures section. degree of energetic costs for short duration) and of a low level. Regarding the magnitude of Level B compensating or may mean some small Regarding the severity of TTS takes, harassment takes (TTS and behavioral loss of opportunities or detection they are expected to be low-level, of disruption), the number of estimated capabilities, but at the expected scale short duration, and mostly not in a total instances of take compared to the the estimated takes by Level A frequency band that would be expected abundance is less than 2 percent for harassment by PTS are unlikely to to interfere with important low- both dwarf and pygmy sperm whales in impact behaviors, opportunities, or frequency cues, and would not be at a the PMSR Study Area (Table 31). detection capabilities to a degree that level that will impact reproduction or Regarding the severity of those would interfere with reproductive survival. individual Level B harassment takes by success or survival of any individuals, Altogether, sperm whales are listed as behavioral disruption, we have let alone affect annual rates of endangered under the ESA and have a explained that the duration of any recruitment or survival. For these stable population trend. Our analysis exposure is expected to be between reasons, we have preliminarily suggests that very few individuals seconds and minutes (i.e., short determined, in consideration of all of within the PMSR Study Area will be duration). Regarding the severity of TTS the effects of the Navy’s activities taken and disturbed at a low level, with takes, they are expected to be low to combined, that the proposed take will those individuals disturbed on likely moderate level, of short duration, and have a negligible impact on both dwarf one day within a year. No Level A are broadband that would be expected and pygmy sperm whales. harassment, serious injury, or mortality to interfere with dwarf or pygmy sperm Sperm whale—This section brings is anticipated or proposed for whale communication or other together the broader discussion above authorization. This low magnitude and important cues. Therefore, the with the discussion of the different severity of harassment effects is not associated lost opportunities and types and amounts of take that sperm expected to result in impacts on the capabilities are not at a level that will whales could potentially incur, the reproduction or survival of any impact reproduction or survival. Dwarf applicable mitigation, and the status of individuals, let alone have impacts on sperm whales and pygmy sperm whales the species to support the negligible annual rates of recruitment or survival. could be taken by a small amount of impact determination. Therefore, the total take will not PTS annually, of likely low to moderate In Table 31 above, we indicate the adversely affect this species through severity as described previously. A total annual numbers of take by Level A impacts on annual rates of recruitment small permanent loss of hearing and Level B harassment for sperm or survival. For these reasons, we have sensitivity (PTS) may include some whales, and a number indicating the preliminarily determined, in degree of energetic costs for instances of total take as a percentage of consideration of all of the effects of the compensating or may mean some small the abundance within the PMSR Study Navy’s activities combined, that the loss of opportunities or detection Area. Note also that, for sperm whales, proposed take will have a negligible capabilities, but at the expected degree the abundance within the PMSR Study impact on sperm whales.

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Porpoise (Dall’s Porpoise)—This total instances of take compared to the success or survival of any individuals, section builds on the broader abundance is less than 3 percent for let alone affect annual rates of odontocete discussion above and brings Dall’ porpoise in the PMSR Study Area recruitment or survival. For these together the discussion of the different (Table 31). Regarding the severity of reasons, we have preliminarily types and amounts of take that Dall’s those individual Level B harassment determined, in consideration of all of porpoise are likely to incur, the takes by behavioral disruption, we have the effects of the Navy’s activities applicable mitigation, and the status of explained that the duration of any combined, that the proposed take will the species to support the negligible exposure is expected to be between have a negligible impact on Dall’s impact determinations for each species. seconds and minutes (i.e., relatively porpoise. Some Level A harassment by PTS is short duration). Regarding the severity Small Whales and Dolphins—This anticipated annually (49 takes, see Table of TTS takes, they are expected to be section builds on the broader discussion 31). low to moderate level, of short duration, above and brings together the discussion In Table 31 above, we indicate the and mostly not in a frequency band that of the different types and amounts of total annual numbers of take by Level A would be expected to interfere with take that different small whale and and Level B harassment for Dall’s communication and, therefore, the dolphin species are likely to incur, the porpoise, and a number indicating the associated lost opportunities and applicable mitigation, and the status of instances of total take as a percentage of capabilities are not at a level that will the species to support the negligible the abundance within the PMSR Study impact reproduction or survival. Dall’s impact determinations for each species. Area. Note also that, for Dall’s porpoise porpoise could be taken by a small In Table 31 above, we indicate for (and all odontocetes), the abundance amount of PTS annually, of likely low each species the total annual numbers of within the PMSR Study Area represents to moderate severity as described take by Level A and Level B harassment only a portion of the species abundance. previously. A small permanent loss of for dolphins and small whales, and a As discussed above, the majority of hearing sensitivity (PTS) may include number indicating the instances of total takes by Level B harassment by some degree of energetic costs for take as a percentage of abundance in the behavioral disturbance of odontocetes, compensating or may mean some small PMSR Study Area. Note also that, for and thereby Dall’s porpoise, is expected loss of opportunities or detection dolphins and small whales, the to be in the form of low to moderate capabilities, but at the expected degree abundance within the PMSR Study Area severity of a shorter duration. As the estimated takes by Level A represents only a portion of the discussed earlier in this section, we harassment takes by PTS for Dall’s respective species abundance. The majority of takes by Level B anticipate more severe effects from takes porpoise are unlikely to impact harassment are expected to be in the when animals are exposed to higher behaviors, opportunities, or detection form of low severity of a shorter received levels or for longer durations. capabilities to a degree that will Occasional milder Level B harassment duration. Occasional milder Level B interfere with reproductive success or by behavioral disturbance, as is harassment by behavioral disturbance, survival of any individuals, let alone expected here, is unlikely to cause long- as is expected here, is unlikely to cause affect annual rates of recruitment or term consequences for either individual long-term consequences for either survival. animals or populations. individual animals or populations that We note that Dall’s porpoise, as HF- Altogether, Dall’s porpoise are not have any effect on reproduction or sensitive species, have a lower PTS listed under the ESA and there are no survival. Limited Level A harassment threshold than all other groups and known population trends for the CA/ (PTS) is anticipated and proposed for therefore are generally likely to OR/WA stock. Our analysis suggests six species (Long and short-beaked experience larger amounts of TTS and that a small portion of the stock will be common dolphins, bottlenose dolphin, PTS. NMFS accordingly has evaluated taken, and disturbed at a low to Risso’s dolphin, Pacific white-sided slightly higher numbers of take for these moderate level, with those individuals dolphin, and Northern right whale species than most odontocetes (some of likely not disturbed on more than one dolphin). which would have zero takes of TTS/ day or so a year. No serious injury or Research and observations show that PTS). Therefore, even though the mortality is anticipated or proposed for if delphinids are exposed to sounds they number of TTS and PTS takes are higher authorization. The low magnitude and may react in a number of ways than for other odontocetes, any TTS or low to moderate severity of harassment depending on their experience with the PTS is expected to be at a low to effects is not expected to result in sound source and what activity they are moderate level and for all of the reasons impacts on the reproduction or survival engaged in at the time of the acoustic described above, TTS and PTS takes are of any individuals, let alone have exposure. Delphinids may not react at not expected to impact reproduction or impacts on annual rates of recruitment all until the sound source is survival of any individual. or survival. Therefore, the total take will approaching within a few hundred Dall’s porpoise are not listed under not adversely affect this species through meters, such as with a ship with hull- the ESA, and there are no known impacts on annual rates of recruitment mounted sonar, to within a few biologically important areas identified or survival. Some individuals are kilometers, depending on the for these species in the PMSR Study estimated to be taken by PTS of likely environmental conditions and species. Area. The CA/OR/WA stock is found in low to moderate severity. A small Some dolphin species (the more surface- the PMSR Study Area. There is no permanent loss of hearing sensitivity dwelling taxa—typically those with information on trends for this species (PTS) may include some degree of ‘‘dolphin’’ in the common name, such within the PMSR Study Area. Dall’s energetic costs for compensating or may as bottlenose dolphins, spotted porpoise will benefit from the mean some small loss of opportunities dolphins, spinner dolphins, rough- mitigation measures described earlier in or detection capabilities, but at the toothed dolphins, etc., but not Risso’s the Proposed Mitigation Measures expected scale the estimated takes by dolphins), especially those residing in section. Level A harassment by PTS are unlikely more industrialized or busy areas, have Regarding the magnitude of Level B to impact behaviors, opportunities, or demonstrated more tolerance for harassment takes (TTS and behavioral detection capabilities to a degree that disturbance and loud sounds and many disruption), the number of estimated would interfere with reproductive of these species are known to approach

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vessels to bow-ride. These species are ESA and there are no known population In Table 31 and 32 above, we indicate often considered generally less sensitive trends for most species. No serious the total annual numbers of take by to disturbance. Dolphins and small injury or mortality is anticipated or Level A and Level B harassment for whales that reside in deeper waters and proposed for authorization. Our analysis pinnipeds, and a number indicating the generally have fewer interactions with suggests that only a small portion of the instances of total take as a percentage of human activities are more likely to individuals of any of these species in the abundance within the PMSR Study demonstrate more typical avoidance the PMSR Study Area will be taken and Area by explosives and also by missile reactions and foraging interruptions as disturbed at a low level, with those and rocket launch activities on SNI. described above in the odontocete individuals likely disturbed no more Note also that, for pinniped species and overview. than a day a year. Some take by PTS for stocks, the abundance within the PMSR All the dolphin and small whale five dolphin species is anticipated and Study Area represents only a portion of species discussed in this section will proposed for authorization, but at the the species abundance. benefit from the mitigation measures expected scale the estimated take by The majority of take by Level B described earlier in the Proposed Level A harassment by PTS is unlikely harassment by behavioral disturbance of Mitigation Measures section. to impact behaviors, opportunities, or pinnipeds, is expected to be in the form None of the small whale and dolphin detection capabilities to a degree that of low severity of short duration for species are listed as endangered or would interfere with reproductive explosives and low to moderate severity threatened species under the ESA. success or survival of any individuals, of short duration for target and missile There are CA/OR/WA stocks for most of let alone annual rates of recruitment or launches on SNI and is unlikely to the small whales and dolphins found in survival. This low magnitude and cause long-term consequences for either the PMSR Study Area and most have severity of harassment effects is not individual animals or populations. unknown population trends, with the expected to result in impacts on the Pinnipeds in the PMSR Study Area exception of the Short-beaked common reproduction or survival of any are not listed under the ESA with the dolphin that has a stable population individuals, let alone have impacts on exception of the threatened Guadalupe trend and the Long-beaked common annual rates of recruitment or survival. fur seal (Mexico stock), but there is no dolphin (California stock) that has an Therefore, the total take will not ESA designated critical habitat for the increasing population trend. adversely affect these species through Guadalupe fur seal. Pupping does occur Regarding the magnitude of takes by impacts on annual rates of recruitment on SNI beaches, January through July. Level B harassment (TTS and behavioral or survival. For these reasons, we have The Guadalupe fur seal has an disturbance), the number of estimated preliminarily determined, in increasing population trend. total instances of take compared to the consideration of all of the effects of the Nevertheless, there is an active UME for abundance is less than one percent for Guadalupe fur seal. Since 2015, there Navy’s activities combined, that the the dolphins and small whales in the have been 492 strandings of Guadalupe authorized take will have a negligible PMSR Study Area (Table 31). Regarding fur seals (including live and dead seals). impact on all of these species of small the severity of those individual takes by However, we do not anticipate any whales and dolphins. Level B harassment by behavioral mortality or impacts on reproduction or disturbance, we have explained the Pinnipeds survival of any individuals, and, given duration of any exposure is expected to the low magnitude and severity of be between seconds and minutes (i.e., This section builds on the broader effects from Level B harassment only (2 short duration). Regarding the severity discussion above and brings together the Level B harassment takes annually), of takes by TTS, they are expected to be discussion of the different types and even with the UME they will not result low-level, of short duration and not at amounts of take that different species in impacts on individual reproduction a level that will impact reproduction or and stocks of pinnipeds will likely or survival, much less annual rates of survival. One to two individuals each of incur, the applicable mitigation, and the recruitment or survival. Therefore, four species (Bottlenose dolphin, status of the species and stocks to population-level effects to Guadalupe Northern right whale dolphin, Pacific support the negligible impact fur seal from the Navy’s activities white-dolphin, Risso’s dolphin) are determinations for each species or stock. despite the UME are not anticipated. estimated to be taken by one to two PTS We have described (above in the The California sea lion UME was annually, of likely low severity as General Negligible Impact Analysis recently closed, as elevated strandings described previously. Slightly more section) the unlikelihood of any occurred from 2013–2016. The U.S. takes by PTS for short-beaked common masking having effects that will impact stock of California sea lions has an dolphin and long-beaked common the reproduction or survival of any of increasing population trend. The dolphin are proposed for authorization, the individual marine mammals affected California stocks of Northern Elephant 15 and 9 takes, respectively. A small by the Navy’s activities. We have also seal and Northern fur seals also have an permanent loss of hearing sensitivity described in the Potential Effects of increasing population trend. The may include some degree of energetic Specified Activities on Marine California stock of harbor seals has a costs for compensating or may mean Mammals and their Habitat section of stable population trend. Pinnipeds will some small loss of opportunities or this proposed rule that the specified benefit from the mitigation measures detection capabilities, but at the activities would not have adverse or described earlier in the Proposed expected scale the estimated takes by long-term impacts on marine mammal Mitigation Measures section. Level A harassment by PTS are unlikely habitat, and therefore the unlikelihood Regarding the magnitude of takes by to impact behaviors, opportunities, or of any habitat impacts affecting the Level B harassment (TTS and behavioral detection capabilities to a degree that reproduction or survival of any disruption) for explosives, the number will interfere with reproductive success individual marine mammals affected by of estimated total instances of take or survival of any individuals, let alone the Navy’s activities. For pinnipeds, no compared to the abundance is affect annual rates of recruitment or serious injury or mortality is anticipated approximately 1 percent or less in the survival. or proposed for authorization. Here, we PMSR Study Area (Table 31). Regarding Altogether, none of the small whale or include information that applies to all of the magnitude of takes by Level B dolphin species are listed under the the pinniped species and stocks. harassment (TTS and behavioral

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disruption) for target and missile activities that have been authorized by during the pupping/breeding season launches, the number of estimated total NMFS, Level B harassment will likely (Holst et al. 2005a; Holst et al. 2008), instances of take compared to the be limited behavioral reactions such as while in others, mothers and pups seem abundance is less than five percent in alerting to the noise, with some animals to react less to launches than lone the PMSR Study Area (Table 32). Given possibly moving toward or entering the individuals (Ugoretz and Greene Jr. this information and the ranges of these water (i.e., movements of more than 10 2012), and California sea lions seem to stocks (i.e., large ranges, but with m and occasional flushing into the be consistently less responsive during individuals often staying in the vicinity water with return to haulouts), the pupping season (Holst et al. 2010; of haulouts), only a small portion of depending on the species and the Holst et al. 2005a; Holst et al. 2008; individuals in these stocks are likely intensity of the launch noise. Regarding Holst et al. 2011; Holst et al. 2005b; impacted and repeated exposures of the severity of those individual takes by Ugoretz and Greene Jr. 2012). Though individuals are not anticipated during Level B harassment, any exposure is pup abandonment could theoretically explosives (i.e., individuals are not expected to be low to moderate and of result from these reactions, site-specific expected to be taken on more than a few relatively short duration and are monitoring data indicate that pup days within a year). Regarding the unlikely to result in hearing impairment abandonment is not likely to occur as a severity of those individual takes by or to significantly disrupt foraging result of the target and missile launches, Level B harassment by behavioral behavior. Given the launch acceleration as it has not been previously observed. disturbance for explosives, the duration and flight speed of the missiles, most As part of mitigation the Navy would of any exposure is expected to be launch events are of extremely short avoid target and missile launches during between seconds and minutes (i.e., short duration. Strong launch sounds are duration). Regarding the severity of TTS the peak pinniped pupping season to typically detectable near the beaches at the maximum extent practicable, and takes from explosives, they are expected western SNI for no more than a few to be of low-level and short duration, missiles would not cross over pinniped seconds per launch (Holst et al., 2010; haulouts at elevations less than 305 m and any associated lost opportunities Holst et al., 2005a; Holst et al., 2008; and capabilities would not be at a level (1,000 ft). Based on the best available Holst et al., 2005b). Pinnipeds hauled information, including reports from that will impact reproduction or out on beaches where missiles fly over survival. almost 20 years of marine mammal launched from the Alpha Launch Three species of pinnipeds (harbor monitoring during launch events, no Complex routinely haul out and seals, Northern elephant seal, and injury, serious injury, or mortality of California sea lions) are estimated to be continue to use these beaches in large marine mammals has occurred from any taken by PTS from explosives, 14, 22, numbers, but at the Building 807 flushing events or is anticipated or and 2 takes, respectively, of likely low Launch Complex few pinnipeds are proposed for authorization. severity. A small permanent loss of known to haul out on the shoreline immediately adjacent to this launch site. Altogether, pinnipeds are not listed hearing sensitivity (PTS) may include under the ESA (except for Guadalupe some degree of energetic costs for We do not expect repeated exposures to occur on sequential days as it can take fur seal that are threatened) and all compensating or may mean some small pinniped stocks have increasing, stable, loss of opportunities or detection up to several weeks of planning between launch events. Responses of pinnipeds or unknown population trends. Our capabilities, but at the expected scale analysis suggests that a small portion of the estimated takes by Level A on beaches during launches are highly variable. Harbor seals can be more the stocks will be taken and disturbed harassment by PTS are unlikely to at a low-moderate level, with those impact behaviors, opportunities, or reactive when hauled out compared to other species, such as northern elephant individuals disturbed on likely one day detection capabilities to a degree that within a year from explosives and some will interfere with reproductive success seals. Northern elephant seals generally exhibit no reaction at all, except individuals on SNI likely disturbed a or survival of any individuals, let alone few days a year within a year from target affect annual rates of recruitment or perhaps a heads-up response or some and missile launches. No serious injury survival. stirring. However, stronger reactions For missile launch activities on SNI, may occur if California sea lions are in or mortality is anticipated or proposed the proposed activities may result in the same area mingled with the northern for authorization. No more than 22 take, in the form of Level B harassment elephant seals and the sea lions react individuals from three pinniped stocks only, from airborne sounds of missile strongly. While the reactions are are estimated to be taken by PTS, of launch activities (Table 32). A portion of variable, and can involve abrupt likely low severity, annually. individuals in these stocks are likely movements by some individuals, Additionally, no PTS is expected for impacted and repeated exposures of biological impacts of these responses Guadalupe fur seal. This low to individuals are anticipated during appear to be limited. Even some number moderate magnitude and severity of missile and target launches for of repeated instances of Level B harassment effects is not expected to pinnipeds hauled out on SNI (i.e., harassment (with no particular result in impacts on the reproduction or individuals are expected to be taken on likelihood of sequential days or more survival of any individuals (either alone up to several days within a year), sustained effect) of some small subset of or in combination with the effects of the however, there is no reason to expect an overall stock is unlikely to result in UME for Guadulupe fur seal), let alone that these disturbances would occur on any decrease in fitness to those have impacts on annual rates of sequential days. individuals, and thus would not result recruitment or survival, and therefore Regarding the magnitude of takes by in any adverse impact to a stock as a the total take will not adversely affect Level B harassment, the number of whole. Flushing of pinnipeds into the this species through impacts on annual estimated total instances of take water has the potential to result in rates of recruitment or survival. For compared to the abundance is less than mother-pup separation, or a stampede, these reasons, we have preliminarily 5 percent on SNI for all pinniped either of which could potentially result determined, in consideration of all of species (Table 32). Based on the best in serious injury or mortality. For the effects of the Navy’s activities available information, including example, in some cases, harbor seals at combined, that the proposed take will monitoring reports from similar SNI appear to be more responsive have a negligible impact on pinnipeds.

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Determination National Marine Sanctuaries Act significant economic impact on a Based on the analysis contained NMFS will work with NOAA’s Office substantial number of small entities. herein of the likely effects of the of National Marine Sanctuaries to fulfill The Navy is the sole entity that would specified activity on marine mammals our responsibilities under the National be affected by this rulemaking, and the and their habitat, NMFS preliminarily Marine Sanctuaries Act as warranted Navy is not a small governmental finds that the total marine mammal take and will complete any NMSA jurisdiction, small organization, or small from the Specified Activities will have requirements prior to a determination business, as defined by the RFA. Any a negligible impact on all affected on the issuance of the final rule and requirements imposed by an LOA marine mammal species. In addition as LOA. issued pursuant to these regulations, and any monitoring or reporting described previously, the Navy’s National Environmental Policy Act proposed implementation of monitoring requirements imposed by these and mitigation measures would further To comply with the National regulations, would be applicable only to reduce impacts to marine mammals. Environmental Policy Act of 1969 the Navy. NMFS does not expect the (NEPA; 42 U.S.C. 4321 et seq.) and issuance of these regulations or the Subsistence Harvest of Marine NOAA Administrative Order (NAO) associated LOAs to result in any Mammals 216–6A, NMFS must evaluate our impacts to small entities pursuant to the In order to issue an incidental take proposed actions and alternatives with RFA. Because this action, if adopted, authorization, NMFS must find that the respect to potential impacts on the would directly affect the Navy and not specified activity will not have an human environment. Accordingly, a small entity, NMFS concludes that the ‘‘unmitigable adverse impact’’ on the NMFS plans to adopt the PMSR FEIS/ action would not result in a significant subsistence uses of the affected marine OEIS for the PMSR Study Area, economic impact on a substantial mammal species or stocks by Alaskan provided our independent evaluation of number of small entities. Natives. NMFS has defined the document finds that it includes ‘‘unmitigable adverse impact’’ in 50 CFR adequate information analyzing the List of Subjects in 50 CFR Part 218 effects on the human environment of 216.103 as an impact resulting from the Exports, Fish, Imports, Incidental specified activity: (1) That is likely to issuing regulations and LOAs under the MMPA. NMFS is a cooperating agency take, Indians, Labeling, Marine reduce the availability of the species to mammals, Navy, Penalties, Reporting a level insufficient for a harvest to meet on the 2020 PMSR DEIS/OEIS and has and recordkeeping requirements, subsistence needs by: (i) Causing the worked extensively with the Navy in Seafood, Sonar, Transportation. marine mammals to abandon or avoid developing the document. The 2020 hunting areas; (ii) Directly displacing PMSR DEIS/OEIS was made available Dated: July 1, 2021. subsistence users; or (iii) Placing for public comment (85 FR 55257, April Samuel D. Rauch III, 24, 2020) (Also see https://pmsr- physical barriers between the marine Deputy Assistant Administrator for mammals and the subsistence hunters; eis.com). We will review all comments Regulatory Programs, National Marine and (2) That cannot be sufficiently submitted in response to the request for Fisheries Service. mitigated by other measures to increase comments on the 2020 PMSR DEIS/ the availability of marine mammals to OEIS and in response to the request for For the reasons set out in the allow subsistence needs to be met. comments on this proposed rule prior to preamble, 50 CFR part 648 is proposed To our knowledge there are no concluding our NEPA process or making to be amended as follows: relevant subsistence uses of the affected a final decision on this proposed rule marine mammal stocks or species for the issuance of regulations under the PART 218—REGULATIONS implicated by this action. Therefore, MMPA and any subsequent issuance of GOVERNING THE TAKING AND NMFS has preliminarily determined a Letter of Authorization (LOA) to the IMPORTING OF MARINE MAMMALS that the total taking of affected species Navy to incidentally take marine or stocks would not have an unmitigable mammals during the specified activities. ■ 1. The authority citation for part 218 adverse impact on the availability of the Executive Order 12866 continues to read as follows: species or stocks for taking for The Office of Management and Budget Authority: 16 U.S.C. 1361 et seq., unless subsistence purposes. has determined that this proposed rule otherwise noted. Classification is not significant for purposes of ■ 2. Revise subpart B to read as follows: Executive Order 12866. Endangered Species Act Subpart B—Taking and Importing Marine There are six marine mammal species Regulatory Flexibility Act Mammals; U.S. Navy’s Point Mugu Sea under NMFS jurisdiction that are listed Pursuant to the Regulatory Flexibility Range (PMSR) Training and Testing (PMSR) as endangered or threatened under the Act (RFA), the Chief Counsel for Study Area ESA with confirmed or possible Regulation of the Department of Sec. occurrence in the PMSR Study Area: Commerce has certified to the Chief 218.10 Specified activity and geographical Blue whale, fin whale, gray whale, Counsel for Advocacy of the Small region. humpback whale, sei whale, and sperm Business Administration that this 218.11 Effective dates. whale. NMFS published a proposed rule proposed rule, if adopted, would not 218.12 Permissible methods of taking. on ESA-designated critical habitat for have a significant economic impact on 218.13 Prohibitions. humpback whales (84 FR 54354; a substantial number of small entities. 218.14 Mitigation requirements. October 9, 2019). The RFA requires Federal agencies to 218.15 Requirements for monitoring and The Navy will consult with NMFS prepare an analysis of a rule’s impact on reporting. pursuant to section 7 of the ESA for small entities whenever the agency is 218.16 Letters of Authorization. PMSR Study Area activities. NMFS will required to publish a notice of proposed 218.17 Renewals and modifications of also consult internally on the issuance rulemaking. However, a Federal agency Letters of Authorization. of the regulations and LOA under may certify, pursuant to 5 U.S.C. 605(b), 218.18 Reserved section 101(a)(5)(A) of the MMPA. that the action will not have a 218.19 Reserved

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Subpart B—Taking and Importing Obispo Counties along the Pacific Coast § 218.12 Permissible methods of taking. Marine Mammals; U.S. Navy’s Point of Southern California and includes a (a) Under an LOA issued pursuant to 36,000-square-mile sea range. The two Mugu Sea Range (PMSR) Training and §§ 216.106 of this chapter and § 218.16, primary components of the PMSR Testing (PMSR) Study Area the Holder of the LOA (hereinafter Complex are Special Use Airspace and § 218.10 Specified activity and the ocean Operating Areas. ‘‘Navy’’) may incidentally, but not geographical region. (c) The taking of marine mammals by intentionally, take marine mammals (a) Regulations in this subpart apply the Navy is only authorized if it occurs within the area described in § 218.10(b) only to the U.S. Navy for the taking of incidental to the Navy conducting by Level A harassment and Level B marine mammals that occurs in the area training and testing activities, including: harassment associated with the use of described in paragraph (b) of this (1) Training. explosives and missile launch activities, section and that occurs incidental to the (i) Air warfare; provided the activity is in compliance activities listed in paragraph (c) of this (ii) Electronic warfare; and with all terms, conditions, and section. (iii) Surface warfare. requirements of the regulations in this (2) Testing. (b) The taking of marine mammals by subpart and the applicable LOA. (i) Air warfare; the Navy under this subpart may be (ii) Electronic warfare; and (b) The incidental take of marine authorized in a Letter of Authorization (iii) Surface warfare. mammals by the activities listed in (LOA) only if it occurs within the Point § 218.10(c) is limited to the species and § 218.11 Effective dates. Mugu Sea Range (PMSR) Training and stocks listed in Table 1 of this section. Testing Study Area. The PMSR Study Regulations in this subpart are Area is located adjacent to Los Angeles, effective from October 31, 2021, through Ventura, Santa Barbara, and San Luis October 30, 2028.

TABLE 1 TO § 218.12(b)

Common name Scientific name Stock

Blue whale ...... Balaenoptera musculus ...... Eastern North Pacific. Fin whale ...... Balaenoptera physalus ...... California, Oregon, and Washington. Gray whale ...... Eschrichtius robustus ...... Eastern North Pacific. Humpback whale ...... Megaptera novaeangliae ...... California, Oregon, Washington. Minke whale ...... Balaenoptera acutorostrata ...... California, Oregon, and Washington. Common Bottlenose dolphin ...... Tursiops truncatus ...... California, Oregon, and Washington Offshore. Dall’s porpoise ...... Phocoenoides dalli ...... California, Oregon, and Washington. Dwarf sperm whale ...... Kogia sima ...... California, Oregon, and Washington. Long-beaked common dolphin ...... Delphinus capensis ...... California. Mesoplodont beaked whales 4 ...... Mesoplodon spp ...... California, Oregon, and Washington. Northern right whale dolphin ...... Lissodelphis borealis ...... California, Oregon, and Washington. Pacific white-sided dolphin ...... Lagenorhynchus obliquidens ...... California, Oregon, and Washington. Pygmy killer whale ...... Feresa attenuata. Pygmy sperm whale ...... Kogia breviceps ...... California, Oregon, and Washington. Risso’s dolphins ...... Grampus griseus ...... California, Oregon, and Washington. Short-beaked common dolphin ...... Delphinus delphis ...... California, Oregon, and Washington. Sperm whale ...... Physeter macrocephalus ...... California, Oregon, and Washington. Striped dolphin ...... Stenella coeruleoalba ...... California, Oregon, and Washington. Harbor seal ...... Phoca vitulina ...... California. Northern elephant seal ...... Mirounga angustirostris ...... California. California sea lion ...... Zalophus californianus ...... U.S. Stock. Guadalupe fur seal ...... Arctocephalus townsendi ...... Mexico to California.

§ 218.13 Prohibitions. taking results in more than a negligible weapons firing noise), explosive Notwithstanding incidental takings impact on the species or stock of such stressors (i.e., medium-caliber and large- contemplated in § 218.12(a) and marine mammal. caliber projectiles, missiles and rockets, authorized by an LOA issued under bombs), and physical disturbance and § 218.14 Mitigation requirements. §§ 216.106 of this chapter and 218.16, strike stressors (i.e., vessel movement; no person in connection with the When conducting the activities towed in-water devices; small-, activities listed in § 218.10(c) may: identified in § 218.10(c), the mitigation medium-, and large-caliber non- (a) Violate, or fail to comply with, the measures contained in any LOA issued explosive practice munitions; non- terms, conditions, and requirements of under §§ 216.106 of this chapter and explosive missiles and rockets; and non- 218.16 must be implemented. These this subpart or an LOA issued under explosive bombs). §§ 216.106 of this chapter and 218.16; mitigation measures include, but are not (b) Take any marine mammal not limited to: (1) Environmental awareness and specified in § 218.12(b); (a) Procedural mitigation. Procedural education. Appropriate Navy personnel (c) Take any marine mammal mitigation is mitigation that the Navy (including civilian personnel) involved specified in § 218.12(b) in any manner must implement whenever and in mitigation and training or testing other than as specified in the LOA wherever an applicable training or reporting under the specified activities issued under §§ 216.106 of this chapter testing activity takes place within the will complete one or more modules of and 218.16; PMSR Study Area for each applicable the U.S Navy Afloat Environmental (d) Take a marine mammal specified activity category or stressor category and Compliance Training Series, as in § 218.12(b) if NMFS determines such includes acoustic stressors (i.e., identified in their career path training

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plan. Modules include: Introduction to explosive large-caliber projectiles, mission-essential follow-on the U.S. Navy Afloat Environmental depending on the activity, the Lookout commitments), observe for marine Compliance Training Series, Marine could be the same as the one described mammals in the vicinity of where Species Awareness Training; and U.S. in ‘‘Weapons firing noise’’ in paragraph detonations occurred; if any injured or Navy Protective Measures Assessment (a)(2)(i) of this section. If additional dead marine mammals are observed, Protocol. platforms are participating in the Navy personnel must follow established (2) Weapons firing noise. Weapons activity, Navy personnel positioned on incident reporting procedures. If firing noise associated with large-caliber those assets (e.g., safety observers, additional platforms are supporting this gunnery activities. evaluators) must support observing the activity (e.g., providing range clearance), (i) Number of Lookouts and relevant mitigation zone for marine Navy personnel on these assets must observation platform. One Lookout must mammals and other applicable assist in the visual observation of the be positioned on the ship conducting biological resources while performing area where detonations occurred. the firing. Depending on the activity, the their regular duties. (4) Explosive missiles and rockets. Lookout could be the same as the one (ii) Mitigation zone and requirements. Aircraft-deployed explosive missiles provided for under ‘‘Small-, medium-, The relevant mitigation zones are as and rockets. Mitigation applies to and large-caliber non-explosive practice follows: 200 yd (182.88 m) around the activities using a maritime surface target munitions’’ in paragraph (a)(7)(i) of this intended impact location for air-to- at ranges up to 75 nmi. section. surface activities using explosive (i) Number of Lookouts and (ii) Mitigation zone and requirements. medium-caliber projectiles; 600 yd observation platform. One Lookout must The mitigation zone must be thirty (548.64 m) around the intended impact be positioned in an aircraft. If additional degrees on either side of the firing line location for surface-to-surface activities platforms are participating in the out to 70 yd from the muzzle of the using explosive medium-caliber activity, Navy personnel positioned on weapon being fired. projectiles; and 1,000 yd (914.4 m) those assets (e.g., safety observers, (A) Prior to the initial start of the around the intended impact location for evaluators) must support observing the activity. Navy personnel must observe surface-to-surface activities using relevant mitigation zone for marine the mitigation zone for floating explosive large-caliber projectiles. mammals and other applicable vegetation and marine mammals; if (A) Prior to the initial start of the biological resources while performing floating vegetation or marine mammals activity (e.g., when maneuvering on their regular duties. are observed, Navy personnel must station). Navy personnel must observe (ii) Mitigation zone and requirements. relocate or delay the start of weapons the mitigation zone for floating The relevant mitigation zones are as firing. vegetation and marine mammals; if follows: 900 yd (822.96 m) around the (B) During the activity. Navy floating vegetation or marine mammals intended impact location for missiles or personnel must observe the mitigation are observed, Navy personnel must rockets with 0.6–20 lb net explosive zone for floating vegetation and marine relocate or delay the start of firing. weight; and 2,000 yd (1,828.8 m) around mammals; if floating vegetation or (B) During the activity. Navy the intended impact location for marine mammals are observed, Navy personnel must observe the mitigation missiles with 21–500 lb net explosive personnel must cease weapons firing. zone for floating vegetation and marine weight. (C) Commencement/recommencement mammals; if floating vegetation or (A) Prior to the initial start of the conditions after a marine mammal marine mammals are observed, Navy activity (e.g., during a fly-over of the sighting before or during the activity. personnel must cease firing. mitigation zone). Navy personnel must Navy personnel must allow a sighted (C) Commencement/recommencement observe the mitigation zone for floating marine mammal to leave the mitigation conditions after a marine mammal vegetation and marine mammals; if zone prior to the initial start of the sighting before or during the activity. floating vegetation or marine mammals activity (by delaying the start) or during Navy personnel must allow a sighted are observed, Navy personnel must the activity (by not recommencing marine mammal to leave the mitigation relocate or delay the start of firing. weapons firing) until one of the zone prior to the initial start of the (B) During the activity. Navy following conditions has been met: The activity (by delaying the start) or during personnel must observe the mitigation animal is observed exiting the the activity (by not recommencing zone for floating vegetation and marine mitigation zone; the animal is thought to firing) until one of the following mammals; if floating vegetation or have exited the mitigation zone based conditions has been met: The animal is marine mammals are observed, Navy on a determination of its course, speed, observed exiting the mitigation zone; personnel must cease firing. and movement relative to the firing the animal is thought to have exited the (C) Commencement/recommencement ship; the mitigation zone has been clear mitigation zone based on a conditions after a marine mammal from any additional sightings for 30 determination of its course, speed, and sighting before or during the activity. minutes (min); or for mobile activities, movement relative to the intended Navy personnel must allow a sighted the firing ship has transited a distance impact location; the mitigation zone has marine mammal to leave the mitigation equal to double that of the mitigation been clear from any additional sightings zone prior to the initial start of the zone size beyond the location of the last for 10 min for aircraft-based firing or 30 activity (by delaying the start) or during sighting. min for vessel-based firing; or for the activity (by not recommencing (3) Explosive medium-caliber and activities using mobile targets, the firing) until one of the following large-caliber projectiles. Gunnery intended impact location has transited a conditions has been met: The animal is activities using explosive medium- distance equal to double that of the observed exiting the mitigation zone; caliber and large-caliber projectiles. mitigation zone size beyond the location the animal is thought to have exited the Mitigation applies to activities using a of the last sighting. mitigation zone based on a surface target. (D) After completion of the activity determination of its course, speed, and (i) Number of Lookouts and (e.g., prior to maneuvering off station). movement relative to the intended observation platform. One Lookout must Navy personnel must, when practical impact location; or the mitigation zone be on the vessel or aircraft conducting (e.g., when platforms are not has been clear from any additional the activity. For activities using constrained by fuel restrictions or sightings for 10 min when the activity

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involves aircraft that have fuel 10 min; or for activities using mobile (ii) Mitigation zone and requirements. constraints, or 30 min when the activity targets, the intended target has transited The relevant mitigation zone is 200 yd involves aircraft that are not typically a distance equal to double that of the (182.88 m) around the intended impact fuel constrained. mitigation zone size beyond the location location. (D) After completion of the activity of the last sighting. (A) Prior to the initial start of the (e.g., prior to maneuvering off station). (D) After completion of the activity activity (e.g., when maneuvering on Navy personnel must, when practical (e.g., prior to maneuvering off station). station). Navy personnel must observe (e.g., when platforms are not Navy personnel must, when practical the mitigation zone for floating constrained by fuel restrictions or (e.g., when platforms are not vegetation and marine mammals; if mission-essential follow-on constrained by fuel restrictions or floating vegetation or marine mammals commitments), observe for marine mission-essential follow-on are observed, Navy personnel must mammals in the vicinity of where commitments), observe for marine relocate or delay the start of firing. detonations occurred; if any injured or mammals in the vicinity of where (B) During the activity. Navy dead marine mammals are observed, detonations occurred; if any injured or personnel must observe the mitigation Navy personnel must follow established dead marine mammals are observed, zone for floating vegetation and marine incident reporting procedures. If Navy personnel must follow established mammals; if floating vegetation or additional platforms are supporting this incident reporting procedures. If marine mammals are observed, Navy activity (e.g., providing range clearance), additional platforms are supporting this personnel must cease firing. Navy personnel on these assets will activity (e.g., providing range clearance), (C) Commencement/recommencement assist in the visual observation of the Navy personnel on these assets must conditions after a marine mammal area where detonations occurred. assist in the visual observation of the sighting before or during the activity. (5) Explosive bombs. area where detonations occurred. Navy personnel must allow a sighted (i) Number of Lookouts and marine mammal to leave the mitigation (6) Vessel movement. The mitigation observation platform. One Lookout must zone prior to the initial start of the will not be required if: The vessel’s be positioned in an aircraft conducting activity (by delaying the start) or during safety is threatened; the vessel is the activity. If additional platforms are the activity (by not recommencing restricted in its ability to maneuver (e.g., participating in the activity, Navy firing) until one of the following during launching and recovery of personnel positioned on those assets conditions has been met: The animal is aircraft or landing craft, during towing (e.g., safety observers, evaluators) must observed exiting the mitigation zone; activities, when mooring); the vessel is support observing the relevant the animal is thought to have exited the submerged or operated autonomously; mitigation zone for marine mammals mitigation zone based on a or if impracticable based on mission and other applicable biological determination of its course, speed, and requirements (e.g., during Amphibious resources while performing their regular movement relative to the intended Assault and Amphibious Raid duties. impact location; the mitigation zone has exercises). (ii) Mitigation zone and requirements. been clear from any additional sightings (i) Number of Lookouts and The relevant mitigation zones is 2,500 for 10 min for aircraft-based firing or 30 observation platform. One Lookout must yd (2,286 m) around the intended target. min for vessel-based firing; or for be on the vessel that is underway. (A) Prior to the initial start of the activities using a mobile target, the (ii) Mitigation zone and requirements. activity (e.g., when arriving on station). intended impact location has transited a The relevant mitigation zones are as Navy personnel must observe the distance equal to double that of the follows: 500 yd (457.2 m) around mitigation zone for floating vegetation mitigation zone size beyond the location whales; and 200 yd (182.88 m) around and marine mammals; if floating of the last sighting. vegetation or marine mammals are all other marine mammals (except bow- (8) Non-explosive missiles and observed, Navy personnel must relocate riding dolphins and pinnipeds hauled rockets. Aircraft-deployed non- or delay the start of bomb deployment. out on man-made navigational explosive missiles and rockets. (B) During the activity (e.g., during structures, port structures, and vessels). Mitigation applies to activities using a target approach). Navy personnel must (A) During the activity. When maritime surface target at ranges of up observe the mitigation zone for floating underway Navy personnel must observe to 75 nmi. vegetation and marine mammals; if the mitigation zone for marine (i) Number of Lookouts and floating vegetation or marine mammals mammals; if marine mammals are observation platform. One Lookout must are observed, Navy personnel must observed, Navy personnel must be positioned in an aircraft. cease bomb deployment. maneuver to maintain distance. (ii) Mitigation zone and requirements. (C) Commencement/recommencement (B) [Reserved] The relevant mitigation zone is 900 yd conditions after a marine mammal (iii) Reporting. If a marine mammal (822.96 m) around the intended impact sighting before or during the activity. vessel strike occurs, Navy personnel location. Navy personnel must allow a sighted must follow the established incident (A) Prior to the initial start of the marine mammal to leave the mitigation reporting procedures. activity (e.g., during a fly-over of the zone prior to the initial start of the (7) Small-, medium-, and large-caliber mitigation zone). Navy personnel must activity (by delaying the start) or during non-explosive practice munitions. observe the mitigation zone for floating the activity (by not recommencing bomb Mitigation applies to activities using a vegetation and marine mammals; if deployment) until one of the following surface target. floating vegetation or marine mammals conditions has been met: The animal is (i) Number of Lookouts and are observed, Navy personnel must observed exiting the mitigation zone; observation platform. One Lookout must relocate or delay the start of firing. the animal is thought to have exited the be positioned on the platform (B) During the activity. Navy mitigation zone based on a conducting the activity. Depending on personnel must observe the mitigation determination of its course, speed, and the activity, the Lookout could be the zone for floating vegetation and marine movement relative to the intended same as the one described for ‘‘Weapons mammals; if floating vegetation or target; the mitigation zone has been firing noise’’ in paragraph (a)(2)(i) of marine mammals are observed, Navy clear from any additional sightings for this section. personnel must cease firing.

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(C) Commencement/recommencement (10) Target and Missile Launches from (i) Navy personnel must issue a conditions after a marine mammal San Nicolas Islands (SNI). Target and seasonal awareness notification message sighting prior to or during the activity. missile launch activities from SNI. to alert Navy ships and aircraft Navy personnel must allow a sighted (i) Mitigation zone and requirements. operating throughout the PMSR Study marine mammal to leave the mitigation 305 m (1,000 ft) over pinniped haulouts. Area to the possible presence of zone prior to the initial start of the Missiles must not cross over pinniped increased concentrations of blue whales activity (by delaying the start) or during haulouts at elevations less than 305 m June 1 through October 31. the activity (by not recommencing (1,000 ft) above the haulout. All manned (ii) To maintain safety of navigation firing) until one of the following aircraft and helicopter flight paths must and to avoid interactions with large conditions has been met: The animal is maintain a minimum distance of 305 m whales during transits, Navy personnel observed exiting the mitigation zone; (1,000 ft) from recognized seal haulouts must instruct vessels to remain vigilant the animal is thought to have exited the and rookeries, except in emergencies or to the presence of blue whales that, mitigation zone based on a for real-time security incidents. For when concentrated seasonally, may determination of its course, speed, and unmanned aircraft systems (UAS), the become vulnerable to vessel strikes. movement relative to the intended following minimum altitudes must be (iii) Navy personnel must use the impact location; or the mitigation zone maintained over pinniped haulout areas information from the awareness has been clear from any additional and rookeries: Class 0–2 UAS must notification message to assist their sightings for 10 min when the activity maintain a minimum altitude of 300 ft; visual observation of applicable involves aircraft that have fuel Class 3 UAS must maintain a minimum mitigation zones during training and constraints, or 30 min when the activity altitude of 500 ft; Class 4 or 5 UAS must testing activities and to aid in the involves aircraft that are not typically not be flown below 1,000 ft. implementation of procedural fuel constrained. (A) Pinniped haulouts. Navy mitigation. (9) Non-explosive bombs. Non- personnel must not enter pinniped (2) Gray Whale Awareness explosive bombs. haulouts or rookeries. Personnel may be Notification Message. (i) Number of Lookouts and adjacent to pinniped haulouts and (i) Navy personnel must issue a observation platform. One Lookout must rookeries prior to and following a seasonal awareness notification message be positioned in an aircraft. launch for monitoring purposes. to alert Navy ships and aircraft (ii) Mitigation zone and requirements. (B) Number of Launch events. Navy operating through the PMSR Study Area The relevant mitigation zone is 900 yd must not conduct more than 40 launch (822.96 m) around the intended target. to the possible presence of increased events annually. Up to 10 launch events concentrations of gray whales November (A) Prior to the initial start of the of the 40 annual launch events may activity (e.g., when arriving on station). 1 through March 31. occur at night. (ii) To maintain safety of navigation Navy personnel must observe the (C) Launches during the peak and to avoid interactions with large mitigation zone for floating vegetation pinniped pupping season. Launches whales during transits, Navy personnel and marine mammals; if floating must be scheduled to avoid peak must instruct vessels to remain vigilant vegetation or marine mammals are pinniped pupping periods between to the presence of gray whales that, observed, Navy personnel must relocate January and July, to the maximum when concentrated seasonally, may or delay the start of bomb deployment. extent practicable. (B) During the activity (e.g., during (D) Unauthorized species. If a species become vulnerable to vessel strikes. approach of the target or intended for which authorization has not been (iii) Navy personnel must use the minefield location). Navy personnel granted is taken, or a species for which information from the awareness must observe the mitigation zone for authorization has been granted but the notification message to assist their floating vegetation and marine authorized takes are met, the Navy must visual observation of applicable mammals and, if floating vegetation or consult with NMFS to determine how to mitigation zones during training and marine mammals are observed, Navy proceed. testing activities and to aid in the personnel must cease bomb (E) Review of launch procedures. The implementation of procedural deployment. Navy must review the launch procedure mitigation. (C) Commencement/recommencement and monitoring methods, in cooperation (3) Fin Whale Awareness Notification conditions after a marine mammal with NMFS, if any incidents of injury or Message. sighting prior to or during the activity. mortality of a pinniped are discovered (i) Navy personnel must issue a Navy personnel must allow a sighted during post-launch surveys, or if seasonal awareness notification message marine mammal to leave the mitigation surveys indicate possible effects to the to alert Navy ships and aircraft zone prior to the initial start of the distribution, size, or productivity of the operating throughout the PMSR Study activity (by delaying the start) or during affected pinniped populations as a Area to the possible presence of the activity (by not recommencing bomb result of the specified activities. If increased concentrations of fin whales deployment) until one of the following necessary, appropriate changes must be November 1 through May 31. conditions has been met: The animal is made through modification to this LOA (ii) To maintain safety of navigation observed exiting the mitigation zone; prior to conducting the next launch of and to avoid interactions with large the animal is thought to have exited the the same vehicle. whales during transits, Navy personnel mitigation zone based on a (ii) [Reserved] must instruct vessels to remain vigilant determination of its course, speed, and (b) Seasonal awareness messages. In to the presence of fin whales that, when movement relative to the intended target addition to procedural mitigation, Navy concentrated seasonally, may become or minefield location; the mitigation personnel must implement seasonal vulnerable to vessel strikes. zone has been clear from any additional awareness notification messages (iii) Navy personnel must use the sightings for 10 min; or for activities throughout the PMSR Study Area to information from the awareness using mobile targets, the intended target avoid interaction with large whales notification message to assist their has transited a distance equal to double during transit. visual observation of applicable that of the mitigation zone size beyond (1) Blue Whale Awareness mitigation zones during training and the location of the last sighting. Notification Message. testing activities and to aid in the

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implementation of procedural Protected Resources, NMFS, within (1) Explosives. This section of the mitigation. three months after the end of the report must include the following calendar year. NMFS will submit information for explosive activities § 218.15 Requirements for monitoring and comments or questions on the draft completed that year. reporting. monitoring report, if any, within three (i) Activity information gathered for (a) Unauthorized take. Navy months of receipt. The report will be each explosive event. personnel must notify NMFS considered final after the Navy has (A) Location by Special Use Airspace immediately (or as soon as operational addressed NMFS’ comments, or three (e.g., Warning Area). security considerations allow) if the months after the submission of the draft (B) Date and time exercise began and specified activity identified in § 218.10 if NMFS does not provide comments on ended. is thought to have resulted in the the draft report. The report will (C) Total hours of observation by serious injury or mortality of any marine summarize the launch events conducted Lookouts before, during, and after mammals, or in any Level A harassment during the year; assess any direct exercise. or Level B harassment of marine (D) Total annual expended/detonated impacts to pinnipeds from launch mammals not identified in this subpart. ordnance (i.e., missile, bombs etc.) events; assess any cumulative impacts (b) Monitoring and reporting under number and types of explosive source on pinnipeds from launch events; and, the LOA. The Navy must conduct all bins detonated. monitoring and reporting required summarize pinniped monitoring and (E) Wave height in feet (high, low, and under the LOA. The Navy will research activities conducted on SNI average) during exercise. coordinate and discuss with NMFS how and any findings related to effects of (F) Narrative description of sensors monitoring in the PMSR Study Area launch noise on pinniped populations. and platforms utilized for marine could contribute to the Navy’s Marine (f) Annual PMSR Study Area Training mammal detection and timeline Species Monitoring Program. and Testing Activity Report. Each year, illustrating how marine mammal (c) Notification of injured, live the Navy must submit a detailed report detection was conducted. stranded, or dead marine mammals. PMSR (Annual Training and Testing (ii) Individual marine mammal Navy personnel must consult the Activity Report) to the Director, Office observation (by Navy Lookouts) Notification and Reporting Plan, which of Protected Resources, NMFS, within information for each sighting where sets out notification, reporting, and three months after the one-year mitigation was implemented. other requirements when dead, injured, anniversary of the date of issuance of (A) Date/Time/Location of sighting. or live stranded marine mammals are the LOA. NMFS will submit comments (B) Species (if not possible, indicate detected. The Notification and or questions on the report, if any, within whale or dolphin). Reporting Plan is available at https:// one month of receipt. The report will be (C) Number of individuals. (D) Initial detection sensor (e.g., sonar www.fisheries.noaa.gov/action/ considered final after the Navy has or Lookout). incidental-take-authorization-us-navy- addressed NMFS’ comments, or one (E) Length of time observers testing-and-training-activities-point- month after submission of the draft if maintained visual contact with marine mugu-sea-range. NMFS does not provide comments on mammal. (d) Pinniped Monitoring Plan on SNI. the draft report. The annual report will contain information on all sound (F) Sea state. In consultation with NMFS, the Navy (G) Visibility. will implement a monitoring plan for sources used (total hours or quantity of (H) Whether sighting was before, beaches exposed to missile launch noise each bin; total annual number of each during, or after detonations/exercise, with the goal of assessing baseline type of explosive events; and total and how many minutes before or after. pinniped distribution/abundance and annual expended/detonated rounds (I) Distance of marine mammal from potential changes in pinniped use of (missiles, bombs, etc.) for each actual detonations (or target spot if not these beaches after launch events. explosive bin). The annual report will yet detonated): Less than 200 yd, 200 to Marine mammal monitoring shall also contain both the current year’s data 500 yd, 500 to 1,000 yd, 1,000 to 2,000 include multiple surveys (e.g. time- as well as explosive use quantity from yd, or greater than 2,000 yd. lapse photography) during the year that previous years’ reports. Additionally, if (J) Lookouts must report, in plain record the species, number of animals, there were any changes to the explosive language and without trying to general behavior, presence of pups, age allowance in a given year, or categorize in any way, the observed class, gender and reactions to launch cumulatively, the report will include a behavior of the animal(s) (such as noise or other natural or human caused discussion of why the change was made animal closing to bow ride, paralleling disturbances, in addition to and include analysis to support how the course/speed, floating on surface and environmental conditions that may change did or did not affect the analysis not swimming etc.), including speed include tide, wind speed, air in the 2021 PMSR FEIS/OEIS and and direction and if any calves were temperature, and swell. In addition, MMPA final rule. The annual report present. video and acoustic monitoring of up to will also include the details regarding (K) The report must indicate whether three pinniped haulout areas and specific requirements associated with explosive detonations were delayed, rookeries must be conducted during monitoring on SNI. The final annual/ ceased, modified, or not modified due to launch events that include missiles or close-out report at the conclusion of the marine mammal presence and for how targets that have not been previously authorization period (year seven) will long. monitored using video and acoustic serve as the comprehensive close-out (L) If observation occurred while recorders for at least three launch report and include both the final year explosives were detonating in the water, events. annual use compared to annual indicate munition type in use at time of (e) Annual Pinniped Monitoring authorization as well as a cumulative marine mammal detection. Report on SNI. The Navy must submit seven-year annual use compared to (2) Summary of sources used. This an annual report to NMFS of the SNI seven-year authorization. The detailed section of the report must include the rocket and missile launch activities. The reports must contain the information following information summarized from draft annual monitoring report must be identified in paragraphs (e)(1) through the authorized sound sources used in all submitted to the Director, Office of (6) of this section. training and testing events:

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(i) Total annual quantity (per the (f) Issuance of the LOA(s) must be (1) Adaptive management. After LOA) of each explosive bin; and based on a determination that the level consulting with the Navy regarding the (ii) Total annual expended/detonated of taking is consistent with the findings practicability of the modifications, ordnance (missiles, bombs, etc.) for each made for the total taking allowable NMFS may modify (including adding or explosive bin. under the regulations in this subpart. removing measures) the existing (h) Final Close-Out Report. The final (g) Notice of issuance or denial of the mitigation, monitoring, or reporting (year seven) draft annual/close-out LOA(s) will be published in the Federal measures if doing so creates a report must be submitted within three Register within 30 days of a reasonable likelihood of more months after the expiration of this determination. effectively accomplishing the goals of subpart to the Director, Office of the mitigation and monitoring. Protected Resources, NMFS. NMFS § 218.17 Renewals and modifications of (i) Possible sources of data that could must submit comments on the draft Letters of Authorization. contribute to the decision to modify the close-out report, if any, within three (a) An LOA issued under §§ 216.106 mitigation, monitoring, or reporting months of receipt. The report will be of this chapter and 218.16 for the measures in an LOA include: considered final after the Navy has activity identified in § 218.10(c) may be addressed NMFS’ comments, or three renewed or modified upon request by (A) Results from the Navy’s annual months after the submittal of the draft the applicant, provided that: monitoring report and annual exercise if NMFS does not provide comments. (1) The proposed specified activity report from the previous year(s); and mitigation, monitoring, and (B) Results from other marine § 218.16 Letters of Authorization. reporting measures, as well as the mammal and/or sound research or (a) To incidentally take marine anticipated impacts, are the same as studies; mammals pursuant to the regulations in those described and analyzed for the this subpart, the Navy must apply for (C) Results from specific stranding regulations in this subpart (excluding investigations; or and obtain an LOA in accordance with changes made pursuant to the adaptive § 216.106 of this chapter. management provision in paragraph (D) Any information that reveals (b) An LOA, unless suspended or (c)(1) of this section); and marine mammals may have been taken revoked, may be effective for a period of (2) NMFS determines that the in a manner, extent, or number not time not to exceed between October 31, mitigation, monitoring, and reporting authorized by the regulations in this 2021, and October 30, 2028. measures required by the previous subpart or subsequent LOAs. (c) If an LOA expires prior to October LOA(s) were implemented. (ii) If, through adaptive management, 30, 2028, the Navy may apply for and (b) For LOA modification or renewal the modifications to the mitigation, obtain a renewal of the LOA. requests by the applicant that include monitoring, or reporting measures are (d) In the event of projected changes changes to the activity or to the substantial, NMFS will publish a notice to the activity or to mitigation, mitigation, monitoring, or reporting of a new proposed LOA in the Federal monitoring, or reporting (excluding measures (excluding changes made Register and solicit public comment. changes made pursuant to the adaptive pursuant to the adaptive management management provision of § 218.17(c)(1)) (2) Emergencies. If NMFS determines provision in paragraph (c)(1) of this required by an LOA issued under this that an emergency exists that poses a section) that do not change the findings subpart, the Navy must apply for and significant risk to the well-being of the obtain a modification of the LOA as made for the regulations or result in no species of marine mammals specified in described in § 218.17. more than a minor change in the total LOAs issued pursuant to §§ 216.106 of (e) Each LOA will set forth: estimated number of takes (or this chapter and 218.16, an LOA may be (1) Permissible methods of incidental distribution by species or years), NMFS modified without prior notice or taking; may publish a notice of proposed LOA opportunity for public comment. Notice (2) Geographic areas for incidental in the Federal Register, including the will be published in the Federal taking; associated analysis of the change, and Register within thirty days of the action. (3) Means of effecting the least solicit public comment before issuing practicable adverse impact (i.e., the LOA. § 218.18 [Reserved] mitigation) on the species or stocks of (c) An LOA issued under §§ 216.106 § 218.19 [Reserved] marine mammals and their habitat; and of this chapter and 218.16 may be (4) Requirements for monitoring and modified by NMFS under the following [FR Doc. 2021–14542 Filed 7–15–21; 8:45 am] reporting. circumstances: BILLING CODE 3510–22–P

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Vol. 86 Friday, No. 134 July 16, 2021

Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 20 Migratory Bird Hunting; Final 2021–22 Frameworks for Migratory Bird Hunting Regulations, and Special Procedures for Issuance of Annual Hunting Regulations; Final Rule

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DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: The hunting regulations that is more process for promulgating annual efficient and establishes hunting season Fish and Wildlife Service regulations for the hunting of migratory dates earlier than was possible under game birds involves the publication of the previous process. Under the current 50 CFR Part 20 a series of proposed and final process, we develop proposed hunting [Docket No. FWS–HQ–MB–2020–0032; rulemaking documents. In this final season frameworks for a given year in FF09M22000–212–FXMB1231099BPP0] rule, in addition to our normal the fall of the prior year. We then procedure of setting forth frameworks finalize those frameworks a few months RIN 1018–BE34 for the annual hunting regulations later, thereby enabling the State agencies to select and publish their Migratory Bird Hunting; Final 2021–22 (described below), we are also making season dates in early summer. We Frameworks for Migratory Bird Hunting minor changes to the permanent provided a detailed overview of the Regulations, and Special Procedures regulations that govern the migratory current process in the August 3, 2017, for Issuance of Annual Hunting bird hunting program. The annual regulations are set forth in subpart K of Federal Register (82 FR 36308). This Regulations part 20 of the regulations in title 50 of rule is the third in a series of proposed AGENCY: Fish and Wildlife Service, the Code of Federal Regulations (CFR). and final rules that establish regulations Interior. In this document, we also make minor for the 2021–22 migratory bird hunting ACTION: Final rule. changes to subpart N of 50 CFR part 20, season. as follows: SUMMARY: The U.S. Fish and Wildlife Regulations Schedule for 2021 Service (Service or we) is establishing Changes to Regulations at 50 CFR Part On October 9, 2020, we published in the final frameworks from which States 20 (Subpart N) the Federal Register (85 FR 64097) a may select season dates, limits, and The regulations governing special proposal to amend 50 CFR part 20. The other options for the 2021–22 migratory procedures for issuance of annual proposal provided a background and game bird hunting season, and making hunting regulations are at 50 CFR part overview of the migratory bird hunting a minor change to the special 20, subpart N. The rules of subpart N regulations process, and addressed the procedures for issuance of annual apply only to subpart K regarding the establishment of seasons, limits, and hunting regulations. We annually issuance of the annual regulations other regulations for hunting migratory prescribe outside limits, frameworks, establishing seasons, bag limits, and game birds under §§ 20.101 through within which States may select hunting other requirements for the seasonal 20.107, 20.109, and 20.110 of subpart K. seasons. Frameworks specify the outside hunting of migratory birds. Major steps in the 2021–22 regulatory dates, season lengths, shooting hours, In subpart N, the current regulations cycle relating to open public meetings bag and possession limits, and areas require that the Service publish a notice and Federal Register notifications were where migratory game bird hunting may of meetings of the Service’s Regulations illustrated in the diagram at the end of occur. These frameworks are necessary Committee and the Flyway Councils in the October 9, 2020, proposed rule. For to allow State selections of seasons and the process of developing frameworks this regulatory cycle, we have combined limits and to allow harvest at levels for migratory bird hunting seasons. elements of the document that is compatible with migratory game bird Specifically, notice of each meeting of described in the diagram as population status and habitat the Regulations Committee and Flyway Supplemental Proposals with the conditions. Migratory game bird hunting Council to be attended by any official of document that is described as Proposed seasons provide opportunities for the Department of the Interior will be Season Frameworks. recreation and sustenance, and aid published in the Federal Register at Further, in the October 9, 2020, Federal, State, and Tribal governments least 2 weeks before the meeting or as proposed rule we explained that all in the management of migratory game soon as practicable after the Service sections of subsequent documents birds. learns of the Flyway Council meeting. outlining hunting frameworks and In addition to or in place of guidelines would be organized under DATES: This rule takes effect on July 16, publishing a meeting notice in the numbered headings, which were set 2021. Federal Register, we add posting on the forth at 85 FR 64098. This and ADDRESSES: States should send their Service’s Migratory Bird Program subsequent documents will refer only to season selections to: Chief, Division of website as a method to notify the public numbered items requiring attention. We Migratory Bird Management, U.S. Fish of these meetings. We are making this will omit those items not requiring and Wildlife Service, MS: MB, 5275 change because it will increase our attention, and remaining numbered Leesburg Pike, Falls Church, VA 22041– ability to provide more timely items may be discontinuous and appear 3803. You may inspect comments information as meeting information incomplete. received on the migratory bird hunting becomes available, and more flexibility We provided the meeting dates and regulations at http:// to inform the public of changes in locations for the Service Regulations www.regulations.gov at Docket No. meeting dates and locations should such Committee (SRC) and Flyway Council FWS–HQ–MB–2020–0032. You may changes be necessary. Greater flexibility meetings on Flyway calendars posted on obtain copies of referenced reports from has become critical when unforeseen our website at https://www.fws.gov/ the street address above, or from the exigencies require venue changes for birds/management/flyways.php. We Division of Migratory Bird these meetings. announced the April SRC meeting in the Management’s website at http:// April 9, 2020, Federal Register (85 FR www.fws.gov/migratorybirds/, or at Process for Establishing Annual 19952). The October 9, 2020, proposed http://www.regulations.gov at Docket Migratory Game Bird Hunting rule provided detailed information on No. FWS–HQ–MB–2020–0032. Regulations (Subpart K) the proposed 2021–22 regulatory FOR FURTHER INFORMATION CONTACT: As part of the Department of the schedule and announced the October Jerome Ford, U.S. Fish and Wildlife Interior’s retrospective regulatory SRC meeting. Service, Department of the Interior, review, in 2015 we developed a On February 22, 2021, we published (202) 208–1050. schedule for migratory game bird in the Federal Register (86 FR 10622)

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the proposed frameworks for the 2021– Review of Public Comments and migratory bird populations and long- 22 season migratory bird hunting Flyway Council Recommendations term population goals. In regard to the regulations. We have considered all The preliminary proposed regulations process, the Flyway Council pertinent comments received through rulemaking, which appeared in the system of migratory bird management March 24, 2021, which includes October 9, 2020, Federal Register, has been a longstanding example of comments submitted in response to our opened the public comment period for State-Federal cooperative management October 9 and February 22 proposed migratory game bird hunting regulations since its establishment in 1952 in rulemaking documents and comments and described the proposed regulatory regulation development process and from the October SRC meeting. This alternatives for the 2021–22 duck bird population and habitat monitoring. document establishes final frameworks hunting season. Comments and However, as always, we continue to for migratory bird hunting regulations recommendations are summarized seek new ways to streamline and for the 2021–22 season and includes no below and numbered in the order set improve the process and ensure substantive changes from the February forth in the October 9, 2020, proposed adequate conservation of the resource. 22, 2021, proposed rule except a minor rule (see 85 FR 64098). 1. Ducks correction (see 4. Canada and Cackling We received recommendations from Geese, below). We will publish State all four Flyway Councils at the April A. General Harvest Strategy selections in the Federal Register as and October SRC meetings; all Council Recommendations: The amendments to §§ 20.101 through recommendations are from the October Atlantic, Mississippi, Central, and 20.107 and 20.109 of title 50 CFR part meeting unless otherwise noted. Some Pacific Flyway Councils recommended 20. recommendations supported adoption of the liberal regulatory Population Status and Harvest continuation of last year’s frameworks. alternative for their respective flyways. Due to the comprehensive nature of the Service Response: As we stated in the Each year we publish reports that annual review of the frameworks October 9, 2020, proposed rule, we provide detailed information on the performed by the Councils, support for intend to continue use of Adaptive status and harvest of certain migratory continuation of last year’s frameworks is Harvest Management (AHM) to help game bird species. These reports are assumed for items for which no determine appropriate duck-hunting available at the address indicated under recommendations were received. regulations for the 2021–22 season. FOR FURTHER INFORMATION CONTACT or Council recommendations for changes AHM is a tool that permits sound from our website at https:// in the frameworks are summarized resource decisions in the face of www.fws.gov/birds/surveys-and-data/ below. As explained earlier in this uncertain regulatory impacts and reports-and-publications/population- document, we have included only the provides a mechanism for reducing that status.php. numbered items pertaining to issues for uncertainty over time. We use an AHM We used the following annual reports which we received recommendations. protocol (decision framework) to published in August 2020 in the Consequently, the issues do not follow evaluate four regulatory alternatives, development of proposed frameworks in successive numerical order. each with a different expected harvest for the migratory bird hunting level, and choose the optimal regulation regulations: Adaptive Harvest General for duck hunting based on the status Management, 2021 Hunting Season; Written Comments: Several and demographics of mallards for the American Woodcock Population Status, commenters protested the entire Mississippi, Central, and Pacific 2020; Band-tailed Pigeon Population migratory bird hunting regulations Flyways, and based on the status and Status, 2020; Migratory Bird Hunting process, protested the killing of all demographics of a suite of four species Activity and Harvest During the 2018– migratory birds, and questioned the (eastern waterfowl) in the Atlantic 19 and 2019–20 Hunting Seasons; status and habitat data on which the Flyway (see below, and the earlier Mourning Dove Population Status, 2020; migratory bird hunting regulations are referenced report ‘‘Adaptive Harvest Status and Harvests of Sandhill Cranes, based. Management, 2021 Hunting Season’’ for Mid-continent, Rocky Mountain, Lower Service Response: As we indicated more details). We have specific AHM Colorado River Valley and Eastern above under Population Status and protocols that guide appropriate bag Populations, 2020; and Waterfowl Harvest, our long-term objectives limits and season lengths for species of Population Status, 2020. continue to include providing special concern, including black ducks, Our long-term objectives continue to opportunities to harvest portions of scaup, and pintails, within the general include providing opportunities to certain migratory game bird populations duck season. These protocols use the harvest portions of certain migratory and to limit harvests to levels same outside season dates and lengths game bird populations and to limit compatible with each population’s as those regulatory alternatives for the harvests to levels compatible with each ability to maintain healthy, viable 2021–22 general duck season. population’s ability to maintain healthy, numbers. Sustaining migratory bird For the 2021–22 hunting season, we viable numbers. Having taken into populations and ensuring a variety of will continue to use independent account the zones of temperature and sustainable uses, including harvest, is optimizations to determine the the distribution, abundance, economic consistent with the guiding principles appropriate regulatory alternative for value, breeding habits, and times and by which migratory birds are to be mallard stocks in the Mississippi, lines of flight of migratory birds, we managed under the conventions Central, and Pacific Flyways and for conclude that the hunting seasons between the United States and several eastern waterfowl in the Atlantic provided for herein are compatible with foreign nations for the protection and Flyway. This means that we will the current status of migratory bird management of these birds. We have develop regulations for mid-continent populations and long-term population taken into account available information mallards, western mallards, and eastern goals. Additionally, we are obligated to, and considered public comments and waterfowl independently based on the and do, give serious consideration to all continue to conclude that the hunting breeding stock(s) that contributes information received during the public seasons provided for herein are primarily to each Flyway. We detailed comment period. compatible with the current status of implementation of AHM protocols for

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mid-continent and western mallards in WBPHS are negligible and therefore Pacific Flyway the July 24, 2008, Federal Register (73 excluded from population estimates. For the Pacific Flyway, we set duck- FR 43290), and for eastern waterfowl in For the 2021–22 hunting season, we hunting regulations based on the status the September 21, 2018, Federal evaluated alternative harvest regulations and demographics of western mallards. Register (83 FR 47868). for eastern waterfowl using: (1) A For purposes of the assessment, western We also stated in the October 9, 2020, management objective of 98 percent of mallards consist of two substocks and proposed rule, that the coronavirus maximum long-term sustainable harvest are those breeding in Alaska and Yukon pandemic prevented the Service and for eastern waterfowl; (2) the 2021–22 Territory (Federal WBPHS strata 1–12) their partners from performing the regulatory alternatives; and (3) current and those breeding in the southern Waterfowl Breeding Population and stock-specific population models and Pacific Flyway including California, Habitat Survey (WBPHS) and estimating associated weights. Based on the liberal Oregon, Washington, and British waterfowl breeding abundances and regulatory alternative selected for the Columbia (State and Provincial surveys) habitat conditions in the spring of 2020. 2020–21 duck hunting season, the 2020 combined. As a result, AHM protocols have been model predictions of 0.35 million green- For the 2021–22 hunting season, we adjusted to inform decisions on duck winged teal, 0.94 million wood ducks, evaluated alternative harvest regulations hunting regulations based on model 0.70 million ring-necked ducks, and for western mallards using: (1) A predictions of breeding abundances and 0.58 million goldeneyes, the optimal management objective of maximum habitat conditions. In most cases, regulation for the Atlantic Flyway is the long-term sustainable harvest; (2) the system models specific to each AHM liberal alternative. Therefore, we concur 2021–22 regulatory alternatives; and (3) decision framework have been used to with the recommendation of the the current population model. Based on predict breeding abundances from the Atlantic Flyway Council regarding a liberal regulatory alternative selected available information (e.g., 2019 selection of the liberal regulatory for the 2020–21 hunting season, the observations). However, for some alternative as described in the October 2020 model predictions of 0.94 million system state variables (i.e., pond 9, 2020, proposed rule for the 2021–22 western mallards in Alaska and the numbers and mean latitude) we have season. Yukon Territory (0.41 million) and the used updated time series models to The mallard bag limit in the Atlantic southern Pacific Flyway (0.53 million), forecast 2020 values based on the most Flyway is based on a separate the optimal regulation for the Pacific recent information. These technical assessment of the harvest potential of Flyway is the liberal alternative. adjustments are described in detail in eastern mallards (see xi. Other, below, Therefore, we concur with the the report entitled ‘‘Adaptive Harvest for further discussion on the mallard recommendation of the Pacific Flyway Management, 2021 Hunting Season’’ bag limit in the Atlantic Flyway). Council regarding selection of the referenced above under Population liberal regulatory alternative as Status and Harvest. Mississippi and Central Flyways described in the October 9, 2020, proposed rule for the 2021–22 season. Atlantic Flyway For the Mississippi and Central For the Atlantic Flyway, we set duck- Flyways, we set duck-hunting B. Regulatory Alternatives hunting regulations based on the status regulations based on the status and Council Recommendations: At the and demographics of a suite of four demographics of mid-continent April SRC meeting, the Atlantic, duck species (eastern waterfowl) in mallards and habitat conditions (pond Mississippi, Central, and Pacific Flyway eastern Canada and the Atlantic Flyway numbers in Prairie Canada). For Councils recommended that AHM States: Green-winged teal, common purposes of the assessment, mid- regulatory alternatives for duck hunting goldeneye, ring-necked duck, and wood continent mallards are those breeding in seasons in 2021–22 remain the same as duck. For purposes of the assessment, central North America (Federal WBPHS those used in the previous year with one eastern waterfowl stocks are those strata 13–18, 20–50, and 75–77), and in exception that we agreed to in 2020: breeding in eastern Canada and Maine Michigan, Minnesota, and Wisconsin Moving the opening framework date to (Federal WBPHS fixed-wing surveys in (State surveys). 1 week earlier in the restrictive strata 51–53, 56, and 62–70, and For the 2021–22 hunting season, we regulatory alternative for the Mississippi helicopter plot surveys in strata 51–52, evaluated alternative harvest regulations and Central Flyways beginning with the 63–64, 66–68, and 70–72) and in for mid-continent mallards using: (1) A 2021–22 season based on their Atlantic Flyway States from New management objective of maximum recommendations (85 FR 15870; March Hampshire south to Virginia (Atlantic long-term sustainable harvest; (2) the 19, 2020). The Central Flyway Council Flyway Breeding Waterfowl Survey, 2021–22 regulatory alternatives; and (3) further recommended at the April SRC AFBWS). Abundance estimates for current population models and meeting that the bag limit for male green-winged teal, ring-necked ducks, associated weights. Based on a liberal mallards in the moderate and liberal and goldeneyes are derived annually by regulatory alternative selected for the regulatory alternatives for the Central integrating fixed-wing and helicopter 2020–21 hunting season, the 2020 Flyway be increased by one bird, so that survey data from eastern Canada and model predictions of 9.07 million mid- the male mallard bag limit would be the Maine (WBPHS strata 51–53, 56, and continent mallards and 3.40 million same as the overall duck bag limit of six 62–72). Counts of green-winged teal, ponds in Prairie Canada, the optimal ducks. This recommendation is in ring-necked ducks, and goldeneyes in regulation for the Mississippi and opposition to Mississippi Flyway the AFBWS are negligible and therefore Central Flyways is the liberal Council’s recommendation that AHM excluded from population estimates for alternative. Therefore, we concur with regulatory alternatives for duck hunting those species. Abundance estimates for the recommendations of the Mississippi seasons in 2021–22 remain the same as wood ducks in the Atlantic Flyway and Central Flyway Councils regarding those used in the previous year with the (Maine south to Florida) are estimated selection of the liberal regulatory exception noted above. by integrating data from the AFBWS and alternative as described in the October Service Response: Consistent with the North American Breeding Bird 9, 2020, proposed rule for the 2021–22 Flyway Council recommendations in Survey. Counts of wood ducks from the season. April and the Flyway Council

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recommendations we earlier adopted in new zone boundaries for the 2021–25 our ability to detect the impacts of zones the August 21, 2020, final rule (85 FR seasons from May 1, 2020, to August 15, and splits on waterfowl demographics 51854) for the 2021–22 duck season, the 2020. and harvest. Substantial concern AHM regulatory alternatives proposed Council Recommendations: The remains about the unknown for the Atlantic, Mississippi, Central, Atlantic and Mississippi Flyway consequences of zones and split seasons and Pacific Flyways in the October 9, Councils recommended that States be on duck populations and harvest 2020, proposed rule (85 FR 64097) will allowed an additional year to select redistribution among States and be used for the 2021–22 hunting season. their zone and split-season flyways, potential reduced effectiveness The AHM regulatory alternatives consist configurations and to define potential of regulations (season length and bag only of the maximum season lengths, new zone boundaries for the 2021–25 limit) to reduce duck harvest if needed, framework dates, and bag limits for total seasons, and that those selections would and the administrative burden ducks and mallards. Restrictions for remain in effect for 4 years (2022–25). associated with changing regulations certain species within these frameworks At the April SRC meeting, the Pacific annually. that are not covered by existing harvest Flyway Council recommended that After this open period, the next strategies will be addressed elsewhere Alaska be allowed to move their two- regularly scheduled open season for in these frameworks. For those species segment season option from the Kodiak changes to zone and split-season with specific harvest strategies (pintails, zone to the Southeast Zone and retain configurations will be in 2026, for use black ducks, and scaup), those strategies grandfathered status (5 zones and 1 zone during the 2026–30 seasons. In order to will again be used for the 2021–22 with a split season). allow sufficient time for States to solicit hunting season. Service Response: We agree with the public input regarding their selections Last year, we considered proposals for Atlantic and Mississippi Flyway of zone and split season configurations mid-continent mallard duck regulations Councils’ recommendation to allow in 2026, we will reaffirm the criteria from the Central and Mississippi States an additional opportunity to during the 2025 season regulations Flyways, which differed in the number select their duck zone and split-season process. At that time, we will notify of drake mallards in the daily bag limit. configurations and to define potential States that changes to zone and split- The recommendations from the two new zone boundaries for the 5-year season configurations should be Councils in April are the same with period originally planned for the 2021– provided to the Service by May 1, 2026. regard to the bag limit for drake 25 seasons. This opportunity will apply We also agree with the Pacific Flyway mallards as those we addressed in 2020 only to States that have not yet made a Council’s recommendation that Alaska (85 FR 51854; August 21, 2020). Since change in their zone and split-season be allowed to move their two-segment the recommendations have not changed, configurations for the 2021–25 seasons, season option from the Kodiak zone to our decision also has not changed. and these selections would remain in the Southeast Zone and retain Because mid-continent mallards are effect for the 2022–25 seasons. The grandfathered status. The current shared between the two Flyways, the deadline for States to select their zone guidelines indicate that only minor (less two Flyways need to work together to and split-season configuration and to than a county in size) boundary changes create a suite of regulatory alternatives define potential new zone boundaries will be allowed for any grandfathered to which both can agree. Since such an for the 2022–25 seasons was May 1, arrangement. Although this is not a agreement between the flyways has not 2021, but we encourage States to submit boundary change, the transfer of the yet been reached, the Service supports their selections and zone boundaries as split to a different, existing zone is mallard bag limits for the 2021–22 soon as possible. The guidelines for simply a reconfiguration of the season that are the same as those from duck zones and split seasons during grandfathered zone and split structure, the 2020–21 season where the two 2022–25 seasons will remain the same and the change is expected to have Councils were last in agreement (i.e., no as those established in the August 21, negligible impacts to duck population change). 2020, final rule (see 85 FR 51857). Any status and harvest. However, because State that selects the new configuration C. Zones and Split Seasons the intent of zone and split regulations allowed by the Service beginning with is not to affect harvest distribution, the Zones and split seasons are ‘‘special the 2021–22 season (i.e., two zones with State of Alaska will be required to regulations’’ designed to distribute three segments in each zone) must provide the Service with an evaluation hunting opportunities and harvests conduct an evaluation of the impacts of of impacts to duck harvest and hunter according to temporal, geographic, and zones and splits on hunter dynamics dynamics (e.g., hunter numbers, hunter demographic variability in waterfowl (e.g., hunter numbers, satisfaction) and success, hunter satisfaction, etc.) during and other migratory game bird harvest. populations. For ducks, States have We are agreeable to allowing States an the fixed 5-year period it is been allowed the option of dividing additional opportunity to select their implemented (e.g., 2021–25 period), and their allotted hunting days into two (or zone and split-season configurations is encouraged to involve a human in some cases three) segments (splits) to because some States were planning dimensions specialist in the assessment. take advantage of species-specific peaks public input meetings during early This review should assist the Service in of abundance or to satisfy hunters in spring 2020 to gather additional input ascertaining whether major undesirable different areas who want to hunt during prior to making their selection for the changes in harvest occurred or hunter the peak of waterfowl abundance in 2021–25 seasons. However, due to the participation improved as a result of the their area. We discussed and presented coronavirus pandemic, those public regulation change. guidelines for duck zones and split meetings were cancelled, so States were D. Special Seasons/Species seasons during 2021–25 seasons in the unable to gather that input. However, in Management August 21, 2020, final rule (see 85 FR the future, we expect to adhere to our 51857). Also at that time, based on a established guidelines that restrict the i. September Teal Seasons Flyway Council recommendation, we frequency of changes in State selection Because a spring 2020 abundance extended the deadline for States to among these configurations to open estimate from the WBPHS for blue- select their zone and split-season seasons at the beginning of 5-year winged teal was not available, we used configurations and to define potential intervals. This is necessary to increase time series models to predict their

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abundance. The predicted estimate was 28, 2014). In addition, we clarify that alternatives; and (3) current population 5.83 million birds. Because this estimate criteria for operational status must be models and associated weights. Based is greater than 4.7 million birds, the teal met by Minnesota’s experimental season on the moderate regulatory alternative season guidelines indicate that a 16-day results alone, and not in combination selected for the 2020–21 hunting season special September teal season with a with data from other States. We will and the 2020 model predictions of 0.50 6-teal daily bag limit is appropriate for work with Minnesota to develop an million breeding black ducks and 0.39 States in the Atlantic, Mississippi, and evaluation plan and associated million breeding mallards (Federal Central flyways. Further, the guidelines memorandum of agreement (MOA) for WBPHS strata 51, 52, 63, 64, 66, 67, 68, indicate that in Florida, Kentucky, and this experiment detailing the required 70, 71, and 72; core survey area), the Tennessee, in lieu of a 16-day special sample sizes, decision criteria for the optimal regulation for the Atlantic and September teal season, a 5-day special experimental season to become Mississippi Flyways is the moderate September teal-wood duck season with operational, and roles and alternative (and the liberal alternative in a daily bag limit of 6 birds in the responsibilities. The plan will consist of Canada). Therefore, we concur with the aggregate, of which no more than 2 may a 3-year evaluation of hunter recommendations of the Atlantic and be wood ducks, is appropriate. In performance (via spy blind studies) with Mississippi Flyway Councils. addition, a 4-day special September teal regard to attempt and kill rates on iv. Canvasbacks season with a 6-teal daily bag limit, nontarget species during the either immediately before or experimental September teal season. Council Recommendations: The immediately after the 5-day teal-wood Atlantic, Mississippi, Central, and ii. September Teal-Wood Duck Seasons duck season, is appropriate. Pacific Flyway Councils recommended Council Recommendations: The Using band-recovery data for birds adoption of the liberal regulatory Mississippi Flyway Council banded in summer and fall 2019 and alternative for their respective flyways. recommended that Minnesota be harvested during the 2019–20 hunting The Flyway-specific regulations consist allowed to conduct an experimental season, we estimated kill rates for adult of a daily bag limit of two canvasbacks special September teal season for a male wood ducks in the eastern United and a season length of 60 days in the 3-year period beginning in 2021 or 2022 States to be 0.112 (rangewide) and 0.119 Atlantic and Mississippi Flyways, 74 following the framework for all other (northern birds only). These values are days in the Central Flyway, and 107 States in the Mississippi Flyway. below those in which analyses suggest days in the Pacific Flyway. Service Response: As we described in bag limit restrictions may be needed Service Response: As we discussed in the August 28, 2014, Federal Register (rangewide = 0.166; northern birds = the March 28, 2016, Federal Register (79 FR 51402), the Flyway Councils and 0.143). These results, combined with the (81 FR 17302), the canvasback harvest Service completed a thorough predicted blue-winged teal estimate strategy that we had relied on until 2015 assessment of the harvest potential for reported above indicate a 5-day was not viable under our new regulatory teal (blue-winged, green-winged, and September teal-wood duck season with process because it required biological cinnamon), as well as an assessment of a daily bag limit of 6 birds in the information that was not yet available at the impacts of current special aggregate, of which no more than 2 may the time a decision on season structure September seasons on these three be wood ducks, is appropriate in needed to be made. We do not yet have species. The assessment indicated that Florida, Kentucky, and Tennessee for a new harvest strategy to propose for use additional hunting opportunity could be the 2021–22 season. in guiding canvasback harvest provided for teal. Therefore, we management in the future. However, we supported recommendations from the iii. Black Ducks have worked with technical staff of the Atlantic, Mississippi, and Central Council Recommendations: The four Flyway Councils to develop a Flyway Councils to establish new Atlantic and Mississippi Flyway decision framework (hereafter, decision hunting seasons (e.g., September teal Councils recommended continued use support tool) that relies on the best seasons in northern States) and of the AHM protocol for black ducks, biological information available to expanded hunting opportunities (e.g., and adoption of the moderate regulatory develop recommendations for annual season lengths, bag limits) in States with alternative for their respective flyways. canvasback harvest regulations. The existing teal seasons. Further, we The Flyway-specific regulations consist decision support tool uses available confirmed that we were willing to of a daily bag limit of two black ducks information (1994–2014) on canvasback consider proposals to conduct and a season length of 60 days. breeding population size in Alaska and experimental September teal seasons in Service Response: The Service, north-central North America (Federal northern (production) States if fully Atlantic and Mississippi Flyway WBPHS traditional survey area, strata evaluated for impacts to teal and Councils, and Canada adopted an 1–18, 20–50, and 75–77), growth rate, nontarget species. We also provided international AHM protocol for black survival, and harvest, and a population criteria for evaluation of these ducks in 2012 (77 FR 49868; August 17, model to evaluate alternative harvest experimental seasons. Thus, we agree 2012) whereby we set black duck regulations based on a management with the Mississippi Flyway Council’s hunting regulations for the Atlantic and objective of maximum long-term recommendation to allow an Mississippi Flyways (and Canada) based sustainable harvest. The decision experimental special September teal on the status and demographics of these support tool calls for a closed season season in Minnesota beginning in 2021 birds. The AHM protocol clarifies when the population is below 460,000, or 2022. country-specific target harvest levels, a 1-bird daily bag limit when the We earlier approved a 3-year and reduces conflicts over regulatory population is between 460,000 and experimental season in Minnesota policies. 480,000, and a 2-bird daily bag limit beginning in 2014. However, Minnesota For the 2021–22 hunting season, we when the population is greater than opted out of the experiment at that time. evaluated country-specific alternative 480,000. Because abundance estimates The criteria established in 2014 harvest regulations using: (1) A were not available from the WBPHS, we regarding the experimental season and management objective of 98 percent of used two different methods to predict transition to operational status will maximum long-term sustainable canvasback abundance during spring again apply (see 79 FR 51403, August harvest; (2) country-specific regulatory 2020. One used a population model

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initially developed in the 1990s, and the days in the Central Flyway (which may alternative should be replaced with one other used the time series of recent have separate segments of 39 days and that explicitly exceeds the threshold. abundances from the WBPHS. Based on 35 days), and an 86-day season with a We encourage the Mississippi Flyway the resulting predictions of 550,799 and 2-bird daily bag limit in the Pacific Council to work with the other Flyway 671,280 canvasbacks, respectively, for Flyway. Also, at the April SRC meeting, Councils through the Harvest the two approaches, we concur with the the Mississippi Flyway Council Management Working Group to review recommendations of the four Flyway recommended that the restrictive and possibly revise the current scaup Councils regarding selection of the regulatory alternative for scaup in the harvest strategy as appropriate, similar liberal regulatory alternative for the Mississippi Flyway be a season of 60 to the process that is underway for the 2021–22 season. days with a daily bag limit of 2 scaup. pintail harvest strategy. Service Response: The Service and v. Pintails four Flyway Councils adopted an AHM xi. Other Council Recommendations: The protocol for scaup in 2008 (73 FR 43290, Council Recommendations: The Atlantic, Mississippi, Central, and July 24, 2008; 73 FR 51124, August 29, Atlantic Flyway Council recommended Pacific Flyway Councils recommended 2008) whereby we set scaup hunting a mallard daily bag limit of two birds, adoption of the liberal regulatory regulations in all four Flyways based on only one of which could be female, for alternative with a 1-pintail daily bag the status and demographics of these the Atlantic Flyway. At the April SRC limit for their respective flyways. The birds. meeting, the Central Flyway Council Flyway-specific regulations consist of a For the 2021–22 hunting season, we presented an evaluation plan in support season length of 60 days in the Atlantic evaluated alternative harvest regulations of their earlier recommendation that the and Mississippi Flyways, 74 days in the for scaup using: (1) A management Service allow South Dakota and Central Flyway, and 107 days in the objective of 95 percent of maximum Nebraska to evaluate a two-tier Pacific Flyway. sustainable harvest; (2) the regulatory regulations system, wherein two Service Response: The Service and alternatives; and (3) the current different types of regulations would be four Flyway Councils adopted an AHM population model. Based on a moderate available to hunters to harvest ducks protocol for pintail in 2010 (75 FR regulatory alternative for the 2020–21 (see 85 FR 51857, August 21, 2020). 44856; July 29, 2010) whereby we set season, and the 2020 model prediction Service Response: We agree with the pintail hunting regulations in all four of 3.53 million scaup (Federal WBPHS Atlantic Flyway Council’s Flyways based on the status and traditional survey area, strata 1–18, 20– recommendation for a mallard daily bag demographics of these birds. 50, and 75–77), the optimal regulation limit of two birds, of which only one For the 2021–22 hunting season, we for all four Flyways is the restrictive may be female, for the Atlantic Flyway. evaluated alternative harvest regulations alternative. Therefore, we concur with The Atlantic Flyway Council’s eastern for pintails using: (1) A management the recommendations of the four Flyway waterfowl AHM protocol (see above) did objective of maximum long-term Councils regarding selection of the not specifically address bag limits for sustainable harvest, including a closed- restrictive alternative for the 2021–22 mallards. The number of breeding season constraint of 1.75 million birds; season. mallards in the northeastern United (2) the regulatory alternatives; and (3) We do not support the Mississippi States (about two-thirds of the eastern current population models and Flyway Council’s recommendation to mallard population in 1998) has associated weights. Based on a liberal revise the restrictive scaup regulatory decreased by about 38 percent since regulatory alternative with a 1-bird daily alternative for the Mississippi Flyway to 1998, and the overall population has bag limit for the 2020–21 season, and include a 60-day season with a 2-bird declined by about 1 percent per year the 2020 model predictions of 2.45 daily bag limit. The scaup harvest during that time period. This situation million pintails with the center of the strategy prescribes allowable harvest has resulted in reduced harvest population predicted to occur at a mean limits for each flyway. In 2009, we potential for that population. The latitude of 55.2 degrees (Federal WBPHS accepted the Mississippi Flyway Service conducted a Prescribed Take traditional survey area, strata 1–18, 20– Council’s recommendation for a hybrid Level (PTL) analysis to estimate the 50, and 75–77), the optimal regulation season with 45 days at a 2-bird daily bag allowable take (kill rate) for eastern for all four Flyways is the liberal limit and 15 days at a 1-bird daily bag mallards, and compared that with the alternative with a 1-pintail daily bag under the restrictive alternative to stay expected kill rate under the most liberal limit. Therefore, we concur with the within allowable harvest limits. We do season length (60 days) considered as recommendations of the four Flyway not support the current part of the eastern waterfowl AHM Councils. recommendation because it is outside regulatory alternatives. the normal process for revising national Using contemporary data and vi. Scaup harvest strategies, which involves assuming a management objective of Council Recommendations: The working with the Service and Flyway maximum long-term sustainable Atlantic, Mississippi, Central, and Councils through the Harvest harvest, the PTL analysis estimated an Pacific Flyway Councils recommended Management Working Group. Further, allowable kill rate of 0.194–0.198. The adoption of the restrictive regulatory predicted harvest under this expected kill rate for eastern mallards alternative for the 2021–22 season. The recommendation would exceed the under a 60-day season and a 2-mallard Flyway-specific regulations consist of a harvest threshold established for the daily bag limit in the U.S. portion of the 60-day season with a 1-bird daily bag Mississippi Flyway restrictive Atlantic Flyway was 0.193 (SE = 0.016), limit during 40 consecutive days and a alternative, as we previously indicated which is slightly below (but not 2-bird daily bag limit during 20 in 2008 when we received a similar significantly different from) the point consecutive days in the Atlantic recommendation. We note the estimate of allowable kill at maximum Flyway, a 60-day season with a 2-bird Mississippi Flyway Council observation long-term sustainable harvest. This daily bag limit during 45 consecutive that realized harvests in the Mississippi indicates that a 2-bird daily bag limit is days and a 1-bird daily bag limit during Flyway have exceeded thresholds in sustainable at this time. 15 consecutive days in the Mississippi other years, but do not agree that Regarding the Central Flyway Flyway, a 1-bird daily bag limit for 74 because that has occurred the Council’s evaluation plan for a two-tier

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regulations system, we earlier noted our change for the for Atlantic Population harvest areas (other than the Northeast intent to approve the Central Flyway (AP) Canada geese recommended by the Hunt Unit of North Carolina) in the U.S. Council’s recommendation for a limited Atlantic Flyway Council on September portion of the Atlantic Flyway for the two-tier regulations system in selected 25, 2020, was made to and approved by 2021–2022 season; and in the Northeast States to assess impacts to hunters and the Service Regulations Committee on Hunt Unit of North Carolina, a season duck harvests during the 2021–22 October 21, 2020, but was not reflected length of 14 days with a daily bag limit season as published in the Federal in the February 22, 2021, proposed rule of 1 goose. The recommendation is Register (see 85 FR 51857, August 21, for the 2021–2022 season. The Council consistent with the Atlantic Flyway 2020). In October 2019, the Service recommended a season length of 30 Council’s AP goose harvest strategy and tasked Division of Migratory Bird days with a daily bag limit of 1 goose available data on the status of the Management staff to work with the for all AP goose harvest areas (other population. The estimated abundance of Flyway Councils to develop a team to than the Northeast Hunt Unit of North breeding pairs has declined over the address the components needed in an Carolina) in the U.S. portion of the past 5 years combined with poor evaluation, and to have a draft Atlantic Flyway for the 2021–2022 recruitment since 2009. Also, the evaluation plan that is supported by season; and in the Northeast Hunt Unit Council’s recommendation standardizes both the Division of Migratory Bird of North Carolina, a season length of 14 regulations among States in the Atlantic Management and the Flyway Councils days with a daily bag limit of 1 goose. Flyway and addresses a social concern ready for review prior to the spring 2020 Service Response: We agree with the regarding differential bag limits under SRC meeting. As of spring of 2021 the Mississippi Flyway Council’s the harvest strategy’s restrictive components of the evaluation plan recommendation to increase the daily package. bag limit for Canada and cackling geese (compliance, developing shared 6. Brant objectives, identifying appropriate from 3 to 5 geese in the aggregate for the metrics for evaluation, monitoring entire 107-day season. The Council’s Council Recommendations: The efforts, and addressing law enforcement technical assessment suggests that this Atlantic Flyway Council recommended concerns) have been addressed in an change will maintain the harvest rate for that the Service discontinue use of the MOA between the Service and the two subarctic Canada and cackling goose harvest strategy for Atlantic brant States, which outlines the roles and breeding populations at or below 11 adopted by the Service in 2015 for responsibilities of each partner in the percent, which serves as a decision setting annual Atlantic brant hunting regulations. The Atlantic Flyway agreement. threshold between liberal and standard We appreciate the work that the frameworks in the Mississippi Flyway Council also recommended frameworks Flyway Councils and the Division of Council’s management plan. If with a 50-day season and a 2-bird daily Migratory Bird Management have operational monitoring for subarctic bag limit for Atlantic brant in the completed to finalize an evaluation plan Canada and cackling goose populations Atlantic Flyway for the 2021–22 season. The Pacific Flyway Council for the first year of a two-tier regulation is not conducted during spring and recommended that the 2021–22 brant study for duck harvests. The group has summer 2021 due to the ongoing season frameworks be determined based completed the work we requested last coronavirus pandemic, we will discuss on the harvest strategy in the Council’s October, and therefore we support with the Mississippi Flyway Council the management plan for the Pacific moving forward with the study appropriate daily bag limit for the subsequent season due to the lack of population of brant pending results of beginning with the 2021–22 season. The the 2021 Winter Brant Survey (WBS). If study will allow different species- monitoring information. We also agree with the Pacific Flyway results of the 2021 WBS are not specific and overall bag limits for each Council’s recommendation to decrease available, results of the most recent of the two license types. We encourage the daily bag limit for Canada and WBS should be used. the Central Flyway and the Division of cackling geese from 6 to 4 geese in the Service Response: We agree with the Migratory Bird Management to review aggregate in Oregon’s Northwest Permit Atlantic Flyway Council’s information collected during the first Zone. The most recently available 3-year recommendation to discontinue use of season and as the study progresses. The average predicted fall population the harvest strategy for Atlantic brant goal of the data collection is to estimate (2017–19) for minima cackling adopted by the Service in 2015 for determine whether improvement of geese is 235,137, which is near the establishing Atlantic brant season collection methods is necessary or lower end of the Council’s population frameworks. As we discussed in the appropriate, and to assess possible objective of 250,000 ± 10 percent March 28, 2016, Federal Register (81 FR enforcement issues faced by (225,000–275,000). The decrease in bag 17302), we adopted in 2015 the Atlantic conservation officers from two-tier limit is specifically intended to Flyway Council’s harvest strategy to regulations. maintain objective abundance of determine the Atlantic brant season 4. Canada and Cackling Geese minima cackling geese, and is consistent frameworks. In developing the annual with the Council’s harvest strategy for proposed frameworks for Atlantic brant, B. Regular Seasons these birds. Also, the bag limit for the Atlantic Flyway Council and the Council Recommendations: The Canada and cackling geese of 4 per day Service used the number of brant Mississippi Flyway Council in the aggregate in Oregon’s Northwest counted during the Midwinter recommended increasing the daily bag Permit Zone will simplify regulations by Waterfowl Survey (MWS) in the limit for Canada and cackling geese matching the 4-bird bag limit currently Atlantic Flyway to determine annual from 3 to 5 geese in the aggregate in the allowed for Canada and cackling geese allowable season length and daily bag Mississippi Flyway. The Pacific Flyway in the aggregate in the basic season limits. The MWS is conducted each Council recommended decreasing the framework for Oregon and the Pacific January, which is after the date that daily bag limit for Canada and cackling Flyway. proposed frameworks are formulated in geese from 6 to 4 geese in the aggregate We also agree with the Atlantic the regulatory process. However, the in Oregon’s Northwest Permit Zone. Flyway Council’s recommendation for a data were typically available by the Written Comments: The Atlantic season length of 30 days with a daily expected publication of final Flyway Council noted that a regulatory bag limit of 1 goose for all AP goose frameworks. When we acquired the

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survey data, we determined the 2021–22 season is a 107-day season daily bag limit currently allowed for appropriate allowable harvest for the with a 4-bird daily bag limit in Alaska, light geese in the basic season Atlantic brant season according to the and a 37-day season with a 2-bird daily framework for the Pacific Flyway. harvest strategy, and published the bag limit in California, Oregon, and 9. Sandhill Cranes results in the final frameworks rule. Washington. However, in 2020, the Atlantic Flyway Council Recommendations: The 7. Snow and Ross’s (Light) Geese Council developed and adopted a new Central and Pacific Flyway Councils harvest strategy for Atlantic brant that Council Recommendations: The recommended establishment of two new uses available data and a demographic Pacific Flyway Council recommended hunting areas for the Rocky Mountain model to predict population abundance two changes to the light goose season Population (RMP) of sandhill cranes for the subsequent year and determine frameworks in the Pacific Flyway. including Duchesne County in northeast the appropriate regulatory alternative. Specifically, the Council recommended: Utah and Cascade and Teton Counties The Atlantic Flyway Council’s newly 1. In Oregon, increasing the daily bag in northcentral Montana, and that adopted harvest strategy now fits within limit for light geese to 20 per day, allowable harvest of RMP cranes be the regulatory schedule, and makes the statewide and during the entire season determined based on the formula Service’s 2015 adopted harvest strategy framework, and described in the Pacific and Central obsolete and unnecessary. Based on the 2. In Washington, increasing the daily Flyway Councils’ Management Plan for Atlantic Flyway Council’s new harvest bag limit for light geese on or before the RMP cranes. strategy, the 2021 predicted Atlantic last Sunday in January to 10 per day and Service Response: We agree with the brant population index is 126,000 birds 20 per day thereafter. Central and Pacific Flyway Councils’ and results in a prescribed season Service Response: We agree with the recommendations to establish the two framework with a 50-day season and a Pacific Flyway Council’s new hunting areas for RMP cranes. The 2-bird daily bag limit for Atlantic brant recommendations for increasing the new hunting areas are consistent with in the Atlantic Flyway for the 2021–22 daily bag limit for light geese in Oregon the hunting area requirements in the season. Therefore, we also agree with and Washington. Three populations of Pacific and Central Flyway Councils’ the Atlantic Flyway Council’s light geese occur in the Pacific Flyway RMP crane management plan. recommendation for a framework for and are above the Council’s We also agree with the Central and Atlantic brant with a 50-day season and management plan population objectives Pacific Flyway Councils’ 2-bird daily bag limit for the 2021–22 based on the most recently available recommendations to determine season. breeding population indices. The allowable harvest of RMP cranes using We also agree with the Pacific Flyway population estimate for the Western the formula in the Pacific and Central Council’s recommendation that the Arctic Population (WAP) of lesser snow Flyway Councils’ management plan for 2021–22 Pacific brant season framework geese was 419,800 in 2013, which is RMP cranes pending results of the fall be determined by the harvest strategy in above the objective of 200,000 geese. 2020 abundance and recruitment the Council’s management plan for the Ross’s geese were estimated at 233,300 surveys. As we discussed in the March Pacific population of brant pending in 2019, and are above the objective of 28, 2016, Federal Register (81 FR results of the 2021 WBS. As we 100,000 geese. The Wrangel Island 17302), the harvest strategy used to discussed in the August 21, 2020, Population (WIP) of lesser snow geese calculate the allowable harvest of RMP Federal Register (85 FR 51854), the was 685,120 in 2020, and the recent 3- cranes does not fit well within the harvest strategy used to determine the year (2018–2020) average was 477,640, current regulatory process. In Pacific brant season frameworks does which is above the objective of 120,000 developing the annual proposed not fit well within the current regulatory geese based on the 3-year average. Also, frameworks for RMP cranes, the Flyway process. In developing the annual light geese in the Pacific Flyway are Councils and the Service use the fall proposed frameworks for Pacific brant, indexed by fall and winter surveys in abundance and recruitment surveys of the Pacific Flyway Council and the California, Oregon, Washington, and RMP cranes to determine annual Service use the 3-year average number British Columbia. The most recent allowable harvest. Results of the fall of brant counted during the WBS in the winter index was 1,599,641 light geese abundance and recruitment surveys of Pacific Flyway to determine annual in 2019. The annual index has increased RMP cranes are released between allowable season length and daily bag 6.04 percent annually since 2000, when December 1 and January 31 each year, limits. The WBS is conducted each the index averaged about 550,000, and which is after the date proposed January, which is after the date that indicates continued growth of light frameworks are developed. However, proposed frameworks are formulated in goose populations in the Pacific Flyway. the data are typically available by the the regulatory process. However, the Current evidence suggests most light expected publication of these final data are typically available by the geese in Oregon and Washington during frameworks. When we acquire the expected publication of these final fall and early winter are primarily WIP survey data, we determine the frameworks. When we acquire the snow geese, but an influx of WAP snow appropriate allowable harvest for the survey data, we determine the and Ross’s geese occurs during late RMP crane season according to the appropriate allowable harvest for the winter as birds begin to move north harvest strategy in the Central and Pacific brant season according to the toward breeding areas. The current 6- Pacific Flyway Councils’ management harvest strategy in the Pacific Flyway bird daily bag limit for light geese in plan for RMP cranes published in the Council’s management plan for the Oregon (on or before the last Sunday in March 28, 2016, Federal Register (81 FR Pacific population of brant published in January, and in the Northwest Permit 17302). the August 21, 2020, Federal Register Zone season long) and Washington were The 2020 fall RMP crane abundance (85 FR 51854). intended to minimize harvest of WIP estimate was 25,636 cranes, resulting in The recent 3-year average (2019–2021) snow geese when they were below the a 3-year (2018–20) average of 22,909 WBS count of Pacific brant was 151,434. population objective. The bag limit cranes, similar to the previous 3-year Based on the harvest strategy, the increase to 20 light geese per day in average, which was 20,894 cranes. The appropriate season length and daily bag Oregon and Washington will simplify RMP crane recruitment estimate was limit framework for Pacific brant in the regulations by matching the 20-bird 9.70 percent young in the fall

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population, resulting in a 3-year (2018– Pacific Flyway Councils recommended Required Determinations 20) average of 8.84 percent, which is adoption of the standard regulatory National Environmental Policy Act similar to the previous 3-year average of alternative as prescribed in the national (NEPA) Consideration 8.25 percent. Using the current harvest mourning dove harvest strategy for their strategy and the above most recent 3- respective Mourning Dove Management The programmatic document, ‘‘Second Final Supplemental year average abundance and recruitment Units. The standard regulatory Environmental Impact Statement: estimates, the allowable harvest for the alternative consists of a 90-day season 2021–22 season is 2,378 cranes. Issuance of Annual Regulations and 15-bird daily bag limit for States Permitting the Sport Hunting of 14. American Woodcock within the Eastern and Central Migratory Birds (EIS 20130139),’’ filed Management Units, and a 60-day season Council Recommendations: At the with the Environmental Protection April SRC meeting, the Atlantic, and 15-bird daily bag limit for States in Agency (EPA) on May 24, 2013, Mississippi, and Central Flyway the Western Management Unit. addresses NEPA compliance by the Councils recommended season The Central Flyway Council also Service for issuance of the annual framework dates for American recommended changes to the Special framework regulations for hunting of woodcock in the Eastern Management White-winged Dove Area in Texas. They migratory game bird species. We Region and Central Management Region proposed to add 2 days to the existing published a notice of availability in the be changed to September 13–January 31 4 days allowed in that area, and to Federal Register on May 31, 2013 (78 and use of the ‘‘moderate’’ season codify in Federal regulations that FR 32686), and our Record of Decision framework for the 2021–22 season. hunting may occur only from noon to on July 26, 2013 (78 FR 45376). We also Service Response: In 2011, we sunset during those days. This latter address NEPA compliance for waterfowl implemented a harvest strategy for restriction has been in Texas’ State hunting frameworks through the annual American woodcock (76 FR 19876; regulations, so making this provision preparation of separate environmental April 8, 2011). The harvest strategy would involve only codifying the assessments, the most recent being provides a transparent framework for shooting hours in Federal regulations. ‘‘Duck Hunting Regulations for 2021– making regulatory decisions for 22,’’ with its corresponding May 2021 American woodcock season length and Service Response: Based on the finding of no significant impact. The bag limits while we work to improve harvest strategies and current programmatic document, as well as the monitoring and assessment protocols for population status, we agree with the separate environmental assessment, is this species. The American Woodcock recommended selection of the standard available on our website at https:// Harvest Strategy is available on our season frameworks for doves in the www.fws.gov/birds/index.php, or from website at https://www.fws.gov/birds/ Eastern, Central, and Western the address indicated under the caption surveys-and-data/webless-migratory- Management Units for the 2021–22 ADDRESSES. game-birds/american-woodcock.php. season. We also agree with the Central In the October 9, 2020, proposed rule Flyway Council’s recommendation to Endangered Species Act Consideration (85 FR 64097), we proposed to change add 2 days to the existing 4 hunting Section 7 of the Endangered Species the opening framework date for days permitted in the Special White- Act of 1973, as amended (16 U.S.C. 1531 American woodcock in the Eastern and winged Dove Area in Texas, and to et seq.), provides that the Secretary shall Central Management Regions to a fixed codify in Federal regulations that insure that any action authorized, date of September 13. Framework dates shooting hours for those 6 days will be funded, or carried out is not likely to currently are October 1–January 31 and from noon to sunset. The additional jeopardize the continued existence of the Saturday nearest September 22– days will allow more opportunity and any endangered species or threatened January 31 for the Eastern and Central flexibility to hunters by providing 3 species or result in the destruction or Management Regions, respectively. consecutive days of dove hunting each adverse modification of critical habitat. Results from an assessment conducted of the first two weekends in September. After we published the October 9, 2020, by Service staff suggest that total season As we have stated in the past (see 76 FR proposed rule, we conducted formal harvest would not increase in either 54056, August 30, 2011), the Service consultations to ensure that actions management region as a result of these remains concerned about the effect of resulting from these regulations would changes. Consistent with our earlier early September hunting on late-nesting not likely jeopardize the continued proposal, we agree with the Atlantic, mourning doves. We note that existence of endangered or threatened Mississippi, and Central Flyway abundances of mourning doves in the species or result in the destruction or adverse modification of their critical Councils’ recommendations that the Central Management Unit have declined habitat. Findings from these framework dates for the Eastern since 2008, and additional harvest consultations are included in a Management Region and Central associated with this change could biological opinion, which concluded Management Region be changed to exacerbate that trend. We encourage September 13–January 31. that the regulations are not likely to Texas and the Central Flyway Council Utilizing the criteria developed for the jeopardize the continued existence of strategy, the 3-year average for the to conduct appropriate monitoring of any endangered or threatened species. Singing Ground Survey indices and both mourning and white-winged doves The biological opinion resulting from associated confidence intervals fall that will inform adjustments to the dove this section 7 consultation is available within the ‘‘moderate package’’ for both harvest management strategy, if for public inspection at the address the Eastern and Central Management necessary, to maintain desired indicated under ADDRESSES. Regions. As such, a ‘‘moderate season’’ abundances of doves. Such efforts Regulatory Planning and Review— for both management regions for the should include contemporary nesting Executive Orders 12866 and 13563 2021–22 season is appropriate. ecology studies to determine the extent of nesting activity in September, various Executive Order (E.O.) 12866 provides 16. Doves aspects of nesting ecology (e.g., nesting that the Office of Information and Council Recommendations: The rate, clutch size, nest success), and Regulatory Affairs (OIRA) will review Atlantic, Mississippi, Central, and exposure of nesting adults to harvest. all significant rules. OIRA has reviewed

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this rule and has determined that this prepared to analyze the economic Unfunded Mandates Reform Act rule is significant because it will have impacts of the annual hunting We have determined and certify, in an annual effect of $100 million or more regulations on small business entities. compliance with the requirements of the on the economy. This analysis is updated annually. The Unfunded Mandates Reform Act, 2 E.O. 13563 reaffirms the principles of primary source of information about U.S.C. 1502 et seq., that this rulemaking E.O. 12866 while calling for hunter expenditures for migratory game will not impose a cost of $100 million improvements in the nation’s regulatory bird hunting is the National Survey, or more in any given year on local or system to promote predictability, to which is generally conducted at 5-year State government or private entities. reduce uncertainty, and to use the best, intervals. The 2021 analysis is based on Therefore, this rule is not a ‘‘significant most innovative, and least burdensome the 2016 National Survey and the U.S. regulatory action’’ under the Unfunded tools for achieving regulatory ends. E.O. Department of Commerce’s County Mandates Reform Act. 13563 directs agencies to consider Business Patterns, from which it is regulatory approaches that reduce estimated that migratory bird hunters Civil Justice Reform—Executive Order burdens and maintain flexibility and will spend approximately $2.2 billion at 12988 freedom of choice for the public where small businesses in 2021. Copies of the The Department, in promulgating this these approaches are relevant, feasible, analysis are available upon request from rule, has determined that this rule will and consistent with regulatory the Division of Migratory Bird not unduly burden the judicial system objectives. E.O. 13563 emphasizes Management (see ADDRESSES) or from and that it meets the requirements of further that regulations must be based http://www.regulations.gov at Docket sections 3(a) and 3(b)(2) of E.O. 12988. on the best available science and that No. FWS–HQ–MB–2020–0032. the rulemaking process must allow for Takings Implication Assessment public participation and an open Small Business Regulatory Enforcement In accordance with E.O. 12630, this exchange of ideas. We have developed Fairness Act rule, authorized by the Migratory Bird this rule in a manner consistent with This rule is a major rule under 5 Treaty Act, does not have significant these requirements. U.S.C. 804(2), the Small Business takings implications and does not affect An economic analysis was prepared Regulatory Enforcement Fairness Act. any constitutionally protected property for the 2021–22 season. This analysis For the reasons outlined above, this rule rights. This rule will not result in the was based on data from the 2016 will have an annual effect on the physical occupancy of property, the National Survey of Fishing, Hunting, economy of $100 million or more. physical invasion of property, or the and Wildlife-Associated Recreation However, because this rule establishes regulatory taking of any property. In (National Survey), the most recent year hunting seasons, which are time fact, this rule will allow hunters to for which data are available (see sensitive, we do not plan to defer the exercise otherwise unavailable discussion under Regulatory Flexibility effective date under the exemption privileges and, therefore, will reduce Act, below). This analysis estimated contained in 5 U.S.C. 808(1). restrictions on the use of private and consumer surplus for three alternatives public property. for duck hunting regulations. As defined Paperwork Reduction Act by the U.S. Office of Management and This rule does not contain any new Energy Effects—Executive Order 13211 Budget in Circular A–4, consumers’ collection of information that requires E.O. 13211 requires agencies to surplus is the difference between what approval by the Office of Management prepare Statements of Energy Effects a consumer pays for a unit of a good or and Budget (OMB) under the Paperwork when undertaking certain actions. service and the maximum amount the Reduction Act of 1995 (44 U.S.C. 3501 While this rule is a significant consumer would be willing to pay for et seq.). OMB has previously approved regulatory action under E.O. 12866, it is that unit. The duck hunting regulatory the information collection requirements not expected to adversely affect energy alternatives are (1) issue restrictive associated with migratory bird surveys supplies, distribution, or use. Therefore, regulations allowing fewer days than and the procedures for establishing this action is not a significant energy those issued during the 2020–21 season, annual migratory bird hunting seasons action and no Statement of Energy (2) issue moderate regulations allowing under the following OMB control Effects is required. more days than those in alternative 1, numbers: Government-to-Government and (3) issue liberal regulations similar • 1018–0019, ‘‘North American Relationship With Tribes to the regulations in the 2020–21 Woodcock Singing Ground Survey’’ season. For the 2021–22 season, we (expires 02/29/2024). In accordance with the President’s chose Alternative 3, with an estimated • 1018–0023, ‘‘Migratory Bird memorandum of April 29, 1994, consumer surplus across all flyways of Surveys, 50 CFR 20.20’’ (expires 04/30/ ‘‘Government-to-Government Relations $270–$358 million with a mid-point 2023). Includes Migratory Bird Harvest with Native American Tribal estimate of $314 million. We also chose Information Program, Migratory Bird Governments’’ (59 FR 22951), E.O. Alternative 3 for the 2009–10 through Hunter Surveys, Sandhill Crane Survey, 13175, and 512 DM 2, we have 2020–21 seasons. The 2021–22 analysis and Parts Collection Survey. evaluated possible effects on Federally is part of the record for this rule and is • 1018–0171, ‘‘Establishment of recognized Indian tribes and have available at http://www.regulations.gov Annual Migratory Bird Hunting determined that there are de minimis at Docket No. FWS–HQ–MB–2020– Seasons, 50 CFR part 20’’ (expires 02/ effects on Indian trust resources. We 0032. 29/2024). solicited proposals for special migratory You may view the information bird hunting regulations for certain Regulatory Flexibility Act collection request(s) at http:// Tribes on Federal Indian reservations, The annual migratory bird hunting www.reginfo.gov/public/do/PRAMain. off-reservation trust lands, and ceded regulations have a significant economic An agency may not conduct or sponsor, lands for the 2021–22 migratory bird impact on substantial numbers of small and a person is not required to respond hunting season in the October 9, 2020, entities under the Regulatory Flexibility to, a collection of information unless it proposed rule (85 FR 64097). The Act (5 U.S.C. 601 et seq.). A final displays a currently valid OMB control resulting proposals are published in a regulatory flexibility analysis was number. separate proposed rule. Through this

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process to establish annual hunting migratory bird hunting frameworks for Season Segments: All season regulations, we regularly coordinate the 2021–22 hunting season. Further, segments specified below are the with Tribes that are affected by this rule. after establishment of the final maximum number of segments allowed. frameworks, States need sufficient time Zones: Unless otherwise specified, Federalism Effects to conduct their own public processes to States may select hunting seasons by Due to the migratory nature of certain select season dates and limits; to zone. Zones for duck seasons (and species of birds, the Federal communicate those selections to us; and associated youth and veterans–active Government has been given to establish and publicize the necessary military waterfowl hunting days, responsibility over these species by the regulations and procedures to gallinule seasons, and snipe seasons) Migratory Bird Treaty Act. We annually implement their decisions. Thus, if and dove seasons may be selected only prescribe frameworks from which the there were a delay in the effective date in years we declare such changes can be States make selections regarding the of these regulations after this final made (i.e., open seasons for zones and hunting of migratory birds, and we rulemaking, States might not be able to splits) and according to federally employ guidelines to establish special meet their own administrative needs established guidelines for duck and regulations on Federal Indian and requirements. dove zones and split seasons. Areas reservations and ceded lands. This For the reasons cited above, we find open to hunting must be described, process preserves the ability of the that ‘‘good cause’’ exists, within the delineated, and designated as such in States and Tribes to determine which terms of 5 U.S.C. 553(d)(3) of the each State’s hunting regulations and seasons meet their individual needs. Administrative Procedure Act, and published in the Federal Register as a Any State or Tribe may be more these frameworks will take effect Federal migratory bird hunting restrictive in its regulations than the immediately upon publication. frameworks final rule. Federal frameworks at any time. The Therefore, under authority of the Shooting and Hawking (taking by frameworks are developed in a Migratory Bird Treaty Act (July 3, 1918), falconry) Hours: Unless otherwise cooperative process with the States and as amended (16 U.S.C. 703–711), we specified, from one-half hour before the Flyway Councils. This process prescribe final frameworks setting forth sunrise to sunset daily. allows States to participate in the the species to be hunted, the daily bag Possession Limits: Unless otherwise development of frameworks from which and possession limits, the shooting specified, possession limits are three they will make selections, thereby hours, the season lengths, the earliest times the daily bag limit. having an influence on their own opening and latest closing season dates, Permits: For some species of regulations. These rules do not have a and hunting areas, from which State migratory birds, the Service authorizes substantial direct effect on fiscal conservation agency officials will select the use of permits to regulate harvest or capacity, change the roles or hunting season dates and other options. monitor their take by hunters, or both. responsibilities of Federal or State Upon receipt of season selections from In such cases, the Service determines governments, or intrude on State policy these officials, we will publish a final the amount of harvest that may be taken or administration. Therefore, in rulemaking amending 50 CFR part 20 to during hunting seasons during its accordance with E.O. 13132, these reflect seasons, limits, and shooting formal regulations-setting process, and regulations do not have significant hours for the United States for the 2021– the States then issue permits to hunters federalism effects and do not have 22 seasons. The rules that eventually at levels predicted to result in the sufficient federalism implications to will be promulgated for the 2021–22 amount of take authorized by the warrant the preparation of a federalism hunting season are authorized under 16 Service. Thus, although issued by summary impact statement. U.S.C. 703–712 and 742 a–j. States, the permits would not be valid Regulations Promulgation unless the Service approved such take List of Subjects in 50 CFR Part 20 in its regulations. The rulemaking process for migratory Exports, Hunting, Imports, Reporting These federally authorized, State- game bird hunting, by its nature, and recordkeeping requirements, issued permits are issued to individuals, operates under a time constraint as Transportation, Wildlife. and only the individual whose name seasons must be established each year or and address appears on the permit at the hunting seasons remain closed. Final Regulations Frameworks for time of issuance is authorized to take However, we intend that the public be 2021–22 Hunting Seasons on Certain migratory birds at levels specified in the provided extensive opportunity for Migratory Game Birds permit, in accordance with provisions of public input and involvement in Pursuant to the Migratory Bird Treaty both Federal and State regulations compliance with Administrative Act and delegated authorities, the governing the hunting season. The Procedure Act requirements. Thus, Department of the Interior is permit must be carried by the permittee when the preliminary proposed establishing the following frameworks when exercising its provisions and must rulemaking was published, we for outside dates, season lengths, be presented to any law enforcement established what we concluded were the shooting hours, bag and possession officer upon request. The permit is not longest periods possible for public limits, and areas within which States transferrable or assignable to another comment and the most opportunities for may select seasons for hunting individual, and may not be sold, public involvement. We also provided migratory game birds between the dates bartered, traded, or otherwise provided notification of our participation in of September 1, 2021, and March 10, to another person. If the permit is multiple Flyway Council meetings, 2022. These frameworks are altered or defaced in any way, the opportunities for additional public summarized below. permit becomes invalid. review and comment on all Flyway Council proposals for regulatory change, General Flyways and Management Units and opportunities for additional public Dates: All outside dates specified We set migratory bird hunting review during the SRC meeting. below are inclusive. frameworks for the conterminous U.S. Therefore, sufficient public notice and Season Lengths: All season lengths States by Flyway or Management Unit/ opportunity for involvement have been specified below are the maximum Region. Frameworks for Alaska, Hawaii, given to affected persons regarding the number of days allowed. Puerto Rico, and the Virgin Islands are

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contained in separate sections near the Hampshire, New Jersey, New York, allowed in the regular season except in end of the frameworks portion of this North Carolina, Pennsylvania, Rhode States that implement a hybrid season document. The States included in the Island, South Carolina, Vermont, for scaup (i.e., different bag limits Flyways and Management Units/ Virginia, and West Virginia. during different portions of the season), Regions are described below. Central Management Region: in which case the bag limit will be 2 Alabama, Arkansas, Illinois, Indiana, scaup per day. Flyway species and area Waterfowl Flyways Iowa, Kansas, Kentucky, Louisiana, restrictions would remain in effect. Atlantic Flyway: Includes Michigan, Minnesota, Mississippi, Participation Restrictions for Youth Connecticut, Delaware, Florida, Georgia, Missouri, Nebraska, North Dakota, Ohio, Waterfowl Hunting Days: States may use Maine, Maryland, Massachusetts, New Oklahoma, South Dakota, Tennessee, their established definition of age for Hampshire, New Jersey, New York, Texas, and Wisconsin. youth hunters. However, youth hunters North Carolina, Pennsylvania, Rhode must be under the age of 18. In addition, Island, South Carolina, Vermont, Definitions an adult at least 18 years of age must Virginia, and West Virginia. For the purpose of the hunting accompany the youth hunter into the Mississippi Flyway: Includes regulations listed below, the collective field. This adult may not duck hunt but Alabama, Arkansas, Illinois, Indiana, terms ‘‘dark’’ and ‘‘light’’ geese include may participate in other seasons that are Iowa, Kentucky, Louisiana, Michigan, the following species: open on the special youth day. Youth Minnesota, Mississippi, Missouri, Ohio, Dark geese: Canada geese, cackling hunters 16 years of age and older must Tennessee, and Wisconsin. geese, white-fronted geese, brant (except possess a Federal Migratory Bird Central Flyway: Includes Colorado in Alaska, California, Oregon, Hunting and Conservation Stamp (also (east of the Continental Divide), Kansas, Washington, and the Atlantic Flyway), known as Federal Duck Stamp). Swans Montana (Counties of Blaine, Carbon, and all other goose species except light may only be taken by participants Fergus, Judith Basin, Stillwater, geese. possessing applicable swan permits. Sweetgrass, Wheatland, and all counties Light geese: Snow (including blue) Participation Restrictions for Veterans east thereof), Nebraska, New Mexico geese and Ross’s geese. and Active Military Personnel Waterfowl (east of the Continental Divide except Area, Zone, and Unit Descriptions: Hunting Days: Veterans (as defined in the Jicarilla Apache Indian Reservation), Geographic descriptions related to section 101 of title 38, United States North Dakota, Oklahoma, South Dakota, regulations are contained in a later Code) and members of the Armed Texas, and Wyoming (east of the portion of this document. Forces on active duty, including Continental Divide). members of the National Guard and Pacific Flyway: Includes Arizona, Migratory Game Bird Seasons in the Reserves on active duty (other than for California, Idaho, Nevada, Oregon, Utah, Atlantic Flyway training), may participate. All hunters Washington, and those portions of In the Atlantic Flyway States of must possess a Federal Migratory Bird Colorado, Montana, New Mexico, and Connecticut, Delaware, Maine, Hunting and Conservation Stamp (also Wyoming not included in the Central Maryland, Massachusetts, New Jersey, known as Federal Duck Stamp). Swans Flyway. North Carolina, and Pennsylvania, may only be taken by participants Mallard Management Units where Sunday hunting of migratory possessing applicable swan permits. birds is prohibited statewide by State Special September Teal Seasons High Plains Management Unit: law or regulation, all Sundays are closed Roughly defined as that portion of the to the take of all migratory game birds. Outside Dates: Between September 1 Central Flyway that lies west of the and September 30, an open season on 100th meridian. See Area, Unit, and Season Frameworks all species of teal may be selected by the Zone Descriptions, Ducks (Including Special Youth and Veterans—Active following States in areas delineated by Mergansers) and Coots, below, for Military Personnel Waterfowl Hunting State regulations: specific boundaries in each State. Days Atlantic Flyway: Delaware, Florida, Columbia Basin Management Unit: In Georgia, Maryland, North Carolina, Washington, all areas east of the Pacific Outside Dates: States may select 2 South Carolina, and Virginia. Crest Trail and east of the Big White days per duck-hunting zone, designated Mississippi Flyway: Alabama, Salmon River in Klickitat County; and as ‘‘Youth Waterfowl Hunting Days,’’ Arkansas, Illinois, Indiana, Iowa, in Oregon, the counties of Gilliam, and 2 days per duck-hunting zone, Kentucky, Louisiana, Michigan, Morrow, and Umatilla. designated as ‘‘Veterans and Active Minnesota, Mississippi, Missouri, Ohio, Military Personnel Waterfowl Hunting Tennessee, and Wisconsin. The season Mourning Dove Management Units Days,’’ in addition to their regular duck in Minnesota is experimental. Eastern Management Unit: All States seasons. The days may be held Central Flyway: Colorado (part), east of the Mississippi River, and concurrently. The Youth Waterfowl Kansas, Nebraska, New Mexico (part), Louisiana. Hunting Days must be held outside any Oklahoma, and Texas. Central Management Unit: Arkansas, regular duck season on weekends, Hunting Seasons and Daily Bag Colorado, Iowa, Kansas, Minnesota, holidays, or other non-school days Limits: Not to exceed 16 consecutive Missouri, Montana, Nebraska, New when youth hunters would have the days in the Atlantic, Mississippi, and Mexico, North Dakota, Oklahoma, South maximum opportunity to participate. Central Flyways. The daily bag limit is Dakota, Texas, and Wyoming. Both sets of days may be held up to 14 6 teal. Western Management Unit: Arizona, days before or after any regular duck- Shooting Hours California, Idaho, Nevada, Oregon, Utah, season frameworks or within any split and Washington. of a regular duck season, or within any One-half hour before sunrise to other open season on migratory birds. sunset, except in the States of Arkansas, Woodcock Management Regions Daily Bag Limits: The daily bag limits Illinois, Indiana, Iowa, Michigan, Eastern Management Region: may include ducks, geese, swans, Minnesota, Missouri, Ohio, South Connecticut, Delaware, Florida, Georgia, mergansers, coots, and gallinules. Bag Carolina, and Wisconsin, where the Maine, Maryland, Massachusetts, New limits would be the same as those hours are from sunrise to sunset.

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Special September Duck Seasons segments. Connecticut, Maryland, North separated by at least 1 mile of open Florida, Kentucky, and Tennessee: In Carolina, and Virginia may select water from any shore, island, and lieu of a special September teal season, seasons in each of 2 zones; and all these emergent vegetation in South Carolina a 5-consecutive-day teal/wood duck States may split their season in each and Georgia; and in any waters of the Atlantic Ocean and in any tidal waters season may be selected in September. zone into 3 segments. Connecticut, of any bay that are separated by at least The daily bag limit may not exceed 6 Maryland, North Carolina, and Virginia 800 yards of open water from any shore, teal and wood ducks in the aggregate, of must conduct an evaluation of the island, and emergent vegetation in which no more than 2 may be wood impacts of zones and splits on hunter Delaware, Maryland, North Carolina, ducks. In addition, a 4-consecutive-day dynamics (e.g., hunter numbers, and Virginia; and provided that any teal-only season may be selected in satisfaction) and harvest during the such areas have been described, September either immediately before or 2021–25 seasons. delineated, and designated as special immediately after the 5-consecutive-day Scoters, Eiders, and Long-tailed Ducks sea duck hunting areas under the teal/wood duck season. The daily bag Special Sea Duck Seasons: hunting regulations adopted by the limit is 6 teal. Connecticut, Delaware, Georgia, respective States. Waterfowl Maine, Maryland, Massachusetts, New Canada and Cackling Geese Atlantic Flyway Hampshire, New Jersey, New York, Special Early Canada and Cackling North Carolina, Rhode Island, South Ducks, Mergansers, and Coots Goose Seasons Carolina, and Virginia may select a Outside Dates: Between the Saturday Special Sea Duck Season in designated Season Lengths and Outside Dates: A nearest September 24 (September 25) Special Sea Duck Areas. If a Special Sea Canada and cackling goose season of not and January 31. Duck Season is selected, scoters, eiders, more than 15 days during September 1– Hunting Seasons and Duck Limits: 60 and long-tailed ducks may be taken in 15 may be selected for the Eastern Unit days. The daily bag limit is 6 ducks, the designated Special Sea Duck Area(s) of Maryland. Seasons not to exceed 30 including no more than 2 mallards (no only during the Special Sea Duck days during September 1–30 may be more than 1 of which can be female), 2 Season dates; scoters, eiders, and long- selected for Connecticut, Florida, black ducks, 1 pintail, 1 mottled duck, tailed ducks may be taken outside of Georgia, New Jersey, New York (Long 1 fulvous whistling duck, 3 wood ducks, Special Sea Duck Area(s) during the Island Zone only), North Carolina, 2 redheads, 2 canvasbacks, 4 scoters, 4 regular duck season, in accordance with Rhode Island, and South Carolina. eiders, and 4 long-tailed ducks. The the frameworks for ducks, mergansers, Seasons may not exceed 25 days during season for scaup may be split into 2 and coots specified above. September 1–25 in the remainder of the segments, with one segment consisting Outside Dates: Between September 15 Flyway. Areas open to the hunting of of 40 consecutive days with a 1-scaup and January 31. Canada and cackling geese must be daily bag limit, and the second segment Special Sea Duck Seasons and Daily described, delineated, and designated as consisting of 20 consecutive days with Bag Limits: 60 consecutive days, or 60 such in each State’s hunting regulations. a 2-scaup daily bag limit. days that are concurrent with the Daily Bag Limits: Not to exceed 15 Closures: The season on harlequin regular duck season, with a daily bag Canada and cackling geese in the ducks is closed. limit of 5, of the listed sea duck species, aggregate. Merganser Limits: The daily bag limit including no more than 4 scoters, 4 Shooting Hours: One-half hour before of mergansers is 5, only 2 of which may eiders, and 4 long-tailed ducks. Within sunrise to sunset, except that during any be hooded mergansers. In States that the special sea duck areas, during the special early Canada and cackling goose include mergansers in the duck bag regular duck season in the Atlantic season, shooting hours may extend to limit, the daily limit is the same as the Flyway, States may choose to allow the one-half hour after sunset if all other duck bag limit, only 2 of which may be above sea duck limits in addition to the waterfowl seasons are closed in the hooded mergansers. limits applying to other ducks during specific applicable area. Coot Limits: The daily bag limit is 15 the regular season. In all other areas, sea Regular Dark Goose Seasons coots. ducks may be taken only during the Season Lengths, Outside Dates, and Lake Champlain Zone, New York: The regular open season for ducks and are Limits: Specific regulations are provided waterfowl seasons, limits, and shooting part of the regular duck season daily bag below by State. The daily bag limit for hours should be the same as those (not to exceed 4 scoters, 4 eiders, and Canada, cackling, and white-fronted selected for the Lake Champlain Zone of 4 long-tailed ducks) and possession geese is in the aggregate. Unless Vermont. limits. subsequently provided, seasons may be Connecticut River Zone, Vermont: Special Sea Duck Areas: In all coastal split into 2 segments. The waterfowl seasons, limits, and waters and all waters of rivers and shooting hours should be the same as streams seaward from the first upstream Connecticut those selected for the Inland Zone of bridge in Maine, New Hampshire, North Atlantic Population (NAP) New Hampshire. Massachusetts, Rhode Island, Zone: Between October 1 and January Zoning and Split Seasons: Delaware, Connecticut, and New York; in New 31, a 60-day season may be held with Florida, Georgia, Rhode Island, South Jersey, all coastal waters seaward from a 2-bird daily bag limit. Carolina, and West Virginia may split the International Regulations for Atlantic Population (AP) Zone: A 30- their seasons into 3 segments. Maine, Preventing Collisions at Sea (COLREGS) day season may be held between Massachusetts, New Hampshire, New Demarcation Lines shown on National October 10 and February 5, with a 1- Jersey, and Vermont may select seasons Oceanic and Atmospheric bird daily bag limit. in each of 3 zones; Pennsylvania may Administration (NOAA) Nautical Charts South Zone: A special season may be select seasons in each of 4 zones; and and further described in 33 CFR 80.165, held between January 15 and February New York may select seasons in each of 80.501, 80.502, and 80.503; in any 15, with a 5-bird daily bag limit. 5 zones; and all these States may split waters of the Atlantic Ocean and in any Resident Population (RP) Zone: An their season in each zone into 2 tidal waters of any bay that are 80-day season may be held between

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October 1 and February 15, with a 5- New York Vermont bird daily bag limit. The season may be NAP Zone: Between October 1 and Lake Champlain Zone and Interior split into 3 segments. January 31, a 60-day season may be Zone: A 30-day season may be held Delaware held, with a 2-bird daily bag limit in the between October 10 and February 5, High Harvest areas; and between with a 1-bird daily bag limit. A 30-day season may be held between October 1 and February 15, a 70-day Connecticut River Zone: A 60-day November 15 and February 5, with a 1- season may be held, with a 3-bird daily season may be held between October 1 bird daily bag limit. bag limit in the Low Harvest areas. and January 31, with a 2-bird daily bag Florida AP Zone: A 30-day season may be limit. An 80-day season may be held held between the fourth Saturday in Virginia between October 1 and March 10, with October (October 23), except in the Lake SJBP Zone: A 40-day season may be a 5-bird daily bag limit. The season may Champlain Area where the opening date held between November 15 and January be split into 3 segments. is October 10, through February 5, with a 1-bird daily bag limit. 14, with a 3-bird daily bag limit. Georgia Western Long Island RP Zone: A 107- Additionally, a special late season may An 80-day season may be held day season may be held between the be held between January 15 and between October 1 and March 10, with Saturday nearest September 24 February 15, with a 5-bird daily bag a 5-bird daily bag limit. The season may (September 25) and the last day of limit. be split into 3 segments. February, with an 8-bird daily bag limit. AP Zone: A 30-day season may be The season may be split into 3 held between November 15 and Maine segments. February 5, with a 1-bird daily bag limit. North and South NAP–H Zones: A 60- Rest of State RP Zone: An 80-day RP Zone: An 80-day season may be day season may be held between season may be held between the fourth held between November 15 and March October 1 and January 31, with a 2-bird Saturday in October (October 23) and 10, with a 5-bird daily bag limit. The daily bag limit. the last day of February, with a 5-bird season may be split into 3 segments. Coastal NAP–L Zone: A 70-day season daily bag limit. The season may be split West Virginia may be held between October 1 and into 3 segments. An 80-day season may be held February 15, with a 3-bird daily bag North Carolina between October 1 and March 10, with limit. RP Zone: An 80-day season may be a 5-bird daily bag limit. The season may Maryland held between October 1 and March 10, be split into 3 segments. RP Zone: An 80-day season may be with a 5-bird daily bag limit. The season Light Geese held between November 15 and March may be split into 3 segments. Season Lengths, Outside Dates, and 10, with a 5-bird daily bag limit. The Northeast Zone: A 14-day season may Limits: States may select a 107-day season may be split into 3 segments. be held between the Saturday prior to season between October 1 and March AP Zone: A 30-day season may be December 25 (December 18) and January 10, with a 25-bird daily bag limit and no held between November 15 and 31, with a 1-bird daily bag limit. possession limit. Seasons may be split February 5, with a 1-bird daily bag limit. Pennsylvania into 3 segments. Massachusetts Southern James Bay Population Brant NAP Zone: A 60-day season may be (SJBP) Zone: A 78-day season may be Season Lengths, Outside Dates, and held between October 1 and January 31, held between the first Saturday in Limits: States may select a 50-day with a 2-bird daily bag limit. October (October 2) and February 15, season with a 2-bird daily bag limit Additionally, a special season may be with a 3-bird daily bag limit. between the Saturday nearest September held from January 15 to February 15, RP Zone: An 80-day season may be 24 (September 25) and January 31. with a 5-bird daily bag limit. held between the fourth Saturday in Seasons may be split into 2 segments. AP Zone: A 30-day season may be October (October 23) and March 10, held between October 10 and February with a 5-bird daily bag limit. The season Mississippi Flyway may be split into 3 segments. 5, with a 1-bird daily bag limit. Ducks, Mergansers, and Coots AP Zone: A 30-day season may be New Hampshire held between the fourth Saturday in Outside Dates: Between the Saturday A 60-day season may be held October (October 23) and February 5, nearest September 24 (September 25) statewide between October 1 and with a 1-bird daily bag limit. and January 31. January 31, with a 2-bird daily bag limit. Hunting Seasons and Duck Limits: 60 Rhode Island days. The daily bag limit is 6 ducks, New Jersey A 60-day season may be held between including no more than 4 mallards (no AP Zone: A 30-day season may be October 1 and January 31, with a 2-bird more than 2 of which may be females), held between the fourth Saturday in daily bag limit. A special late season 1 mottled duck, 2 black ducks, 1 pintail, October (October 24) and February 5, may be held in designated areas from 3 wood ducks, 2 canvasbacks, and 2 with a 1-bird daily bag limit. January 15 to February 15, with a 5-bird redheads. The season for scaup may be NAP Zone: A 60-day season may be daily bag limit. split into 2 segments, with one segment held between October 1 and January 31, consisting of 45 consecutive days with with a 2-bird daily bag limit. South Carolina a 2-scaup daily bag limit, and the Special Late Goose Season Area: A In designated areas, an 80-day season second segment consisting of 15 special season may be held in may be held between October 1 and consecutive days with a 1-scaup daily designated areas of north and south March 10, with a 5-bird daily bag limit. bag limit. New Jersey from January 15 to February The season may be split into 3 Merganser Limits: The daily bag limit 15, with a 5-bird daily bag limit. segments. is 5, only 2 of which may be hooded

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mergansers. In States that include September 1–15 shooting hours may Wyoming may select seasons in each of mergansers in the duck bag limit, the extend to one-half hour after sunset for 3 zones; and all these States may split daily limit is the same as the duck bag Canada and cackling geese if all other their season in each zone into 2 limit, only 2 of which may be hooded waterfowl and crane seasons are closed segments. Nebraska may select seasons mergansers. in the specific applicable area. in each of 4 zones. Coot Limits: The daily bag limit is 15 Central Flyway Geese coots. Zoning and Split Seasons: Alabama, Ducks, Mergansers, and Coots Special Early Canada and Cackling Arkansas, and Mississippi may split Outside Dates: Between the Saturday Goose Seasons their seasons into 3 segments. Kentucky nearest September 24 (September 25) Season Lengths, Outside Dates, and and Tennessee may select seasons in and January 31. Limits: In Kansas, Nebraska, Oklahoma, each of 2 zones; and Indiana, Iowa, South Dakota, and Texas, Canada and Michigan, Minnesota, Missouri, Ohio Hunting Seasons cackling goose seasons of not more than and Wisconsin may select seasons in High Plains Mallard Management 30 days during September 1–30 may be each of 3 zones; and all these States may Unit (roughly defined as that portion of selected. In Colorado, New Mexico, split their season in each zone into 2 the Central Flyway that lies west of the Montana, and Wyoming, Canada and segments. Illinois may select seasons in 100th meridian): 97 days. The last 23 cackling goose seasons of not more than each of 4 zones. Louisiana may select days must run consecutively and may 15 days during September 1–15 may be seasons in each of 2 zones and may split start no earlier than the Saturday nearest selected. In North Dakota, Canada and their season in each zone into 3 December 10 (December 11). cackling goose seasons of not more than segments. Louisiana must conduct an Remainder of the Central Flyway: 74 22 days during September 1–22 may be evaluation of the impacts of zones and days. selected. The daily bag limit may not splits on hunter dynamics (e.g., hunter Duck Limits: The daily bag limit is 6 exceed 5 Canada and cackling geese in numbers, satisfaction) and harvest ducks, including no more than 5 the aggregate, except in Kansas, during the 2021–25 seasons. mallards (no more than 2 of which may Nebraska, and Oklahoma, where the Geese be females), 2 redheads, 3 wood ducks, daily bag limit may not exceed 8 Canada 1 pintail, and 2 canvasbacks. The daily and cackling geese in the aggregate, and Season Lengths, Outside Dates, and bag limit for scaup is 1, and the season in North Dakota and South Dakota, Limits for scaup may be split into 2 segments, where the daily bag limit may not Canada and Cackling Geese: States with one segment consisting of 39 exceed 15 Canada and cackling geese in may select a 107-day season between consecutive days and another segment the aggregate. Areas open to the hunting September 1 and February 15 with a consisting of 35 consecutive days. In of Canada and cackling geese must be daily bag limit of 5 geese in the Texas, the daily bag limit on mottled described, delineated, and designated as aggregate. ducks is 1, except that no mottled ducks such in each State’s hunting regulations. White-fronted Geese: States may may be taken during the first 5 days of Shooting Hours: One-half hour before select either a 74-day season with a the season. In addition to the daily sunrise to sunset, except that during daily bag limit of 3 geese, an 88-day limits listed above, the States of September 1–15 shooting hours may season with a daily bag limit of 2 geese, Montana, North Dakota, South Dakota, extend to one-half hour after sunset if or a 107-day season with a daily bag and Wyoming, in lieu of selecting an all other waterfowl and crane seasons limit of 1 goose. Seasons must be experimental September teal season, are closed in the specific applicable between September 1 and February 15. may include an additional daily bag and area. Brant: States may select either a 70- possession limit of 2 and 6 blue-winged Regular Goose Seasons day season with a daily bag limit of 2 teal, respectively, during the first 16 brant or a 107-day season with a daily days of the regular duck season in each Season Lengths, Outside Dates, and bag limit of 1 brant. Seasons must be respective duck hunting zone. These Limits between September 1 and February 15. extra limits are in addition to the regular Outside Dates: For dark geese, seasons In lieu of a separate brant season, brant duck bag and possession limits. may be selected between the outside may be included in the season for Merganser Limits: The daily bag limit dates of the Saturday nearest September Canada and cackling geese with a daily is 5 mergansers, only 2 of which may be 24 (September 25) and the Sunday bag limit of 5 geese in the aggregate. hooded mergansers. In States that nearest February 15 (February 13). For Dark Geese: In lieu of separate include mergansers in the duck daily light geese, outside dates for seasons seasons for Canada and cackling geese, bag limit, the daily limit may be the may be selected between the Saturday white-fronted geese, and brant, same as the duck bag limit, only two of nearest September 24 (September 25) Alabama, Iowa, Indiana, Michigan, which may be hooded mergansers. and March 10. In the Rainwater Basin Minnesota, Ohio, and Wisconsin may Coot Limits: The daily bag limit is 15 Light Goose Area (East and West) of select a 107-day dark goose season coots. Nebraska, temporal and spatial between September 1 and February 15 Zoning and Split Seasons: Colorado, restrictions that are consistent with the with a daily bag limit of 5 geese in the Kansas (Low Plains portion), Montana, late-winter snow goose hunting strategy aggregate. Nebraska, New Mexico, Oklahoma (Low cooperatively developed by the Central Light Geese: States may select a 107- Plains portion), South Dakota (Low Flyway Council and the Service are day season between September 1 and Plains portion), Texas (Low Plains required. February 15 with a daily bag limit of 20 portion), and Wyoming may select Dark Geese: In Kansas, Nebraska, geese. There is no possession limit for hunting seasons by zones. North Dakota, Oklahoma, South Dakota, light geese. North Dakota may split their season and the Eastern Goose Zone of Texas, Split Seasons: Seasons for geese may into 3 segments. Montana, New Mexico, States may select a season for Canada be split into 4 segments. Oklahoma, and Texas may select and cackling geese (or any other dark Shooting Hours: One-half hour before seasons in each of 2 zones; and goose species except white-fronted sunrise to sunset, except that during Colorado, Kansas, South Dakota, and geese) not to exceed 107 days with a

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daily bag limit of 8 in the aggregate. For September 1–20 may be selected. The North Coast Special Management Area, white-fronted geese, these States may daily bag limit may not exceed 5 Canada hunting days that occur after January 31 select either a season of 74 days with a and cackling geese in the aggregate, should be concurrent with Oregon’s bag limit of 3, or an 88-day season with except in Pacific County, Washington, South Coast Zone. a bag limit of 2, or a season of 107 days where the daily bag limit may not Northeastern Zone: The white-fronted with a bag limit of 1. exceed 15 Canada and cackling geese in goose season may be split into 3 In Colorado, Montana, New Mexico, the aggregate. Areas open to hunting of segments. and Wyoming, States may select seasons Canada and cackling geese in each State Oregon not to exceed 107 days. The daily bag must be described, delineated, and limit for dark geese is 5 in the aggregate. designated as such in each State’s Eastern Zone: For Lake County only, In the Western Goose Zone of Texas, hunting regulations. the daily white-fronted goose bag limit the season may not exceed 95 days. The is 1. daily bag limit for Canada and cackling Regular Goose Seasons Northwest Permit Zone: A Canada and geese (or any other dark goose species Season Lengths, Outside Dates, and cackling goose season may be selected except white-fronted geese) is 5 in the Limits with outside dates between the Saturday aggregate. The daily bag limit for white- nearest September 24 (September 25) Canada Geese, Cackling Geese, and and March 10. Canada and cackling fronted geese is 2. Brant: Except as subsequently provided, Light Geese: States may select a light goose and white-fronted goose seasons 107-day seasons may be selected with may be split into 3 segments. In the goose season not to exceed 107 days. outside dates between the Saturday The daily bag limit for light geese is 50 Tillamook County Management Area, nearest September 24 (September 25) the hunting season is closed on geese. with no possession limit. and January 31. In Arizona, Colorado, Split Seasons: Seasons for geese may South Coast Zone: A Canada and Idaho, Montana, Nevada, New Mexico, be split into 3 segments. Three-segment cackling goose season may be selected Utah, and Wyoming, the daily bag limit seasons for Canada geese require Central with outside dates between the Saturday is 4 Canada and cackling geese and Flyway Council and U.S. Fish and nearest September 24 (September 25) brant in the aggregate. In California, Wildlife Service approval, and a 3-year and March 10. Canada and cackling Oregon, and Washington, the daily bag evaluation by each participating State. goose and white-fronted goose seasons limit is 4 Canada and cackling geese in may be split into 3 segments. The daily Pacific Flyway the aggregate. For brant, in California, bag limit of Canada and cackling geese Ducks, Mergansers, and Coots Oregon and Washington, a 37-day is 6 in the aggregate. Hunting days that season may be selected. Days must be occur after January 31 should be Outside Dates: Between the Saturday consecutive. Washington and California nearest September 24 (September 25) concurrent with California’s North Coast may select hunting seasons for up to 2 Special Management Area. and January 31. zones. The daily bag limit is 2 brant and Hunting Seasons and Duck and is in addition to other goose limits. In Utah Merganser Limits: 107 days. The daily Oregon and California, the brant season A Canada and cackling goose and bag limit is 7 ducks and mergansers, must end no later than December 15. brant season may be selected in the including no more than 2 female White-fronted Geese: Except as Wasatch Front Zone with outside dates mallards, 1 pintail, 2 canvasbacks, 2 subsequently provided, 107-day seasons between the Saturday nearest September scaup, and 2 redheads. For scaup, the may be selected with outside dates 24 (September 25) and the first Sunday season length is 86 days, which may be between the Saturday nearest September in February (February 6). split according to applicable zones and 24 (September 25) and March 10. The split duck hunting configurations daily bag limit is 10. Washington approved for each State. Light Geese: Except as subsequently The daily bag limit for light geese is Coot and Gallinule Limits: The daily provided, 107-day seasons may be 10 on or before the last Sunday in bag limit of coots and gallinules is 25 in selected with outside dates between the January (January 30). the aggregate. Saturday nearest September 24 Areas 2 Inland and 2 Coastal Zoning and Split Seasons: Montana (September 25) and March 10. The daily (Southwest Permit Zone): A Canada and and New Mexico may split their seasons bag limit is 20. cackling goose season may be selected into 3 segments. Arizona, Colorado, Split Seasons: Seasons may be split in each zone with outside dates between Oregon, Utah, Washington, and into 3 segments. Three-segment seasons the Saturday nearest September 24 Wyoming may select seasons in each of for Canada geese and white-fronted (September 25) and March 10. Canada 2 zones; Nevada may select seasons in geese require Pacific Flyway Council and cackling goose and white-fronted each of 3 zones; and California may and U.S. Fish and Wildlife Service goose seasons may be split into 3 select seasons in each of 5 zones; and all approval and a 3-year evaluation by segments. these States may split their season in each participating State. Area 4: Canada and cackling goose each zone into 2 segments. Idaho may and white-fronted goose seasons may be California select seasons in each of 4 zones. split into 3 segments. Colorado River Zone, California: The daily bag limit for Canada and Seasons and limits should be the same cackling geese is 10 in the aggregate. Permit Zones as seasons and limits selected in the Balance of State Zone: A Canada and In Oregon and Washington permit adjacent portion of Arizona (South cackling goose season may be selected zones, the hunting season is closed on Zone). with outside dates between the Saturday dusky Canada geese. A dusky Canada Geese nearest September 24 (September 25) goose is any dark-breasted Canada goose and March 10. In the Sacramento Valley (Munsell 10 YR color value 5 or less) Special Early Canada and Cackling Special Management Area, the season with a bill length between 40 and 50 Goose Seasons on white-fronted geese must end on or millimeters. Hunting of geese will only A Canada and cackling goose season before December 28, and the daily bag be by hunters possessing a State-issued of not more than 15 days during limit is 3 white-fronted geese. In the permit authorizing them to do so.

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Shooting hours for geese may begin no Idaho and Montana, all hunters that —In Delaware, no more than 67 permits earlier than sunrise. Regular Canada and harvest a swan must complete and may be issued. The season is cackling goose seasons in the permit submit a reporting card (bill card) with experimental. zones of Oregon and Washington remain the bill measurement and color —In North Carolina, no more than 4,895 subject to the Memorandum of information from the harvested swan permits may be issued. Understanding entered into with the within 72 hours of harvest for species —In Virginia, no more than 638 permits Service regarding monitoring the determination. In Utah and Nevada, all may be issued. impacts of take during the regular hunters that harvest a swan must have In the Central Flyway Canada and cackling goose season on the swan or species-determinant parts the dusky Canada goose population. examined by a State or Federal biologist —The season may be 107 days, between within 72 hours of harvest for species the Saturday nearest October 1 Swans determination. (October 2) and January 31. Pacific Flyway —In the Central Flyway portion of Other Provisions: In Utah, the season Montana, no more than 500 permits In portions of the Pacific Flyway is subject to the terms of the may be issued. (Idaho, Montana, Nevada, and Utah), an Memorandum of Agreement entered —In North Dakota, no more than 2,200 open season for taking a limited number into with the Service in January 2019 permits may be issued. of swans may be selected. These seasons regarding harvest monitoring, season —In South Dakota, no more than 1,300 are also subject to the following closure procedures, and education permits may be issued. conditions: requirements to minimize take of Outside Dates: Between the Saturday trumpeter swans during the swan Sandhill Cranes nearest September 24 (September 25) season. Regular Seasons in the Mississippi and January 31. Atlantic and Central Flyways Flyway Hunting Seasons: Seasons may not Outside Dates: Between September 1 exceed 107 days, and may be split into In portions of the Atlantic Flyway and February 28 in Minnesota, and 2 segments. (Delaware, North Carolina, and Virginia) between September 1 and January 31 in Permits: Swan hunting is by permit and the Central Flyway (North Dakota, Alabama, Kentucky and Tennessee. only. Permits will be issued by the State South Dakota [east of the Missouri Hunting Seasons: A season not to and will authorize each permittee to River], and that portion of Montana in exceed 37 consecutive days may be take no more than 1 swan per season the Central Flyway), an open season for selected in the designated portion of with each permit. Only 1 permit may be taking a limited number of swans may northwestern Minnesota (Northwest issued per hunter in Montana and Utah, be selected. Permits will be issued by Goose Zone), and a season not to exceed 2 permits may be issued per hunter in the States that authorize the take of no 60 consecutive days in Alabama, Nevada. The total number of permits more than 1 swan per permit. A second Kentucky, and Tennessee. The season in issued may not exceed 50 in Idaho, 500 permit may be issued to hunters from Alabama is experimental. in Montana, 650 in Nevada, and 2,750 unused permits remaining after the first Daily Bag Limit: 1 sandhill crane in in Utah. drawing. Minnesota, 2 sandhill cranes in Quotas: The swan season in the Monitoring: Each State must evaluate Kentucky, and 3 sandhill cranes in respective State must end upon hunter participation, species-specific Alabama and Tennessee. In Alabama, attainment of the following reported swan harvest, and hunter compliance in Kentucky, and Tennessee, the seasonal harvest of trumpeter swans: 20 in Utah providing measurements of harvested bag limit is 3 sandhill cranes. and 10 in Nevada. There is no quota in swans for species identification. Each Permits: Each person participating in Montana. State should use appropriate measures the regular sandhill crane seasons must Monitoring: Each State must evaluate to maximize hunter compliance with have a valid State sandhill crane hunter participation, species-specific the State’s program for swan harvest hunting permit. swan harvest, and hunter compliance in reporting. Each State must achieve a Other Provisions: The number of providing either species-determinant hunter compliance of at least 80 percent permits (where applicable), open areas, parts (at least the intact head) or bill in providing species-determinant season dates, protection plans for other measurements (bill length from tip to measurements of harvested swans for species, and other provisions of seasons posterior edge of the nares opening, and species identification. Each State must must be consistent with the presence or absence of yellow lore spots provide to the Service by June 30 management plans and approved by the on the bill in front of the eyes) of following the swan season a report Mississippi Flyway Council. harvested swans for species detailing hunter participation, species- Regular Seasons in the Central Flyway identification. Each State should use specific swan harvest, and hunter appropriate measures to maximize compliance in reporting harvest. Outside Dates: Between September 1 hunter compliance with the State’s and February 28. program for swan harvest reporting. In lieu of a general swan hunting Hunting Seasons: Seasons not to Each State must achieve a hunter season, States may select a season only exceed 37 consecutive days may be compliance of at least 80 percent in for tundra swans. States selecting a selected in a designated portion of providing species-determinant parts or season only for tundra swans must Texas (Zone C). Seasons not to exceed bill measurements of harvested swans obtain harvest and hunter participation 58 consecutive days may be selected in for species identification or subsequent data. designated portions of the following permits will be reduced by 10 percent These general swan seasons and States: Colorado, Kansas, Montana, in the respective State. Each State must tundra swan seasons are also subject to North Dakota, South Dakota, and provide to the Service by June 30 the following conditions: Wyoming. Seasons not to exceed 93 following the swan season a report In the Atlantic Flyway consecutive days may be selected in detailing hunter participation, species- designated portions of the following specific swan harvest, and hunter —The season may be 90 days, between States: New Mexico, Oklahoma, and compliance in reporting harvest. In October 1 and January 31. Texas.

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Daily Bag Limits: 3 sandhill cranes, Zoning: Seasons may be selected by days in each of 2 zones. The season in except 2 sandhill cranes in designated zones established for duck hunting. the North Zone must close by October portions of North Dakota (Area 2) and 3. Rails Texas (Zone C). Permits: Each person participating in Outside Dates: States included herein Four-Corners States (Arizona, Colorado, the regular sandhill crane season must may select seasons between September New Mexico, and Utah) have a valid Federal or State sandhill 1 and January 31 on clapper, king, sora, Outside Dates: Between September 1 crane hunting permit. and Virginia rails. and November 30. Hunting Seasons: Seasons may not Hunting Seasons and Daily Bag Special Seasons in the Central and exceed 70 days, and may be split into Pacific Flyways Limits: Not more than 14 consecutive 2 segments. days, with a daily bag limit of 2. Arizona, Colorado, Idaho, Montana, Daily Bag Limits Zoning: New Mexico may select New Mexico, Utah, and Wyoming may hunting seasons not to exceed 14 select seasons for hunting sandhill Clapper and King Rails: In consecutive days in each of 2 zones. The cranes within the range of the Rocky Connecticut, Delaware, Maryland, New season in the South Zone may not open Mountain Population (RMP) of sandhill Jersey, and Rhode Island, 10 rails in the until October 1. cranes subject to the following aggregate. In Alabama, Florida, Georgia, conditions: Louisiana, Mississippi, North Carolina, Doves Outside Dates: Between September 1 South Carolina, Texas, and Virginia, 15 Outside Dates: Between September 1 and January 31. rails in the aggregate. and January 31 in the Eastern Hunting Seasons: The season in any Sora and Virginia Rails: In the Management Unit, and between State or zone may not exceed 60 days, Atlantic, Mississippi, and Central September 1 and January 15 in the and may be split into 3 segments. Flyways and the Pacific Flyway Bag limits: Not to exceed 3 daily and Central and Western Management Units, portions of Colorado, Montana, New except as subsequently provided, States 9 per season. Mexico, and Wyoming, 25 rails in the Permits: Participants must have a may select hunting seasons and daily aggregate. The season is closed in the bag limits as follows: valid permit, issued by the appropriate remainder of the Pacific Flyway. State, in their possession while hunting. Eastern Management Unit Other Provisions: Numbers of permits, Snipe Hunting Seasons and Daily Bag open areas, season dates, protection Outside Dates: Between September 1 Limits: Not more than 90 days, with a plans for other species, and other and February 28, except in Connecticut, daily bag limit of 15 mourning and provisions of seasons must be consistent Delaware, Maine, Maryland, white-winged doves in the aggregate. with the management plan and Massachusetts, New Hampshire, New Zoning and Split Seasons: Seasons approved by the Central and Pacific Jersey, New York, Rhode Island, may be split into 3 segments; Alabama, Flyway Councils, with the following Vermont, and Virginia, where the Louisiana, and Mississippi may select exceptions: season must end no later than January seasons in each of 2 zones, and may A. In Utah, 100 percent of the harvest 31. will be assigned to the RMP crane quota; Hunting Seasons and Daily Bag split their season in each zone into 3 B. In Arizona, monitoring the racial Limits: Seasons may not exceed 107 segments. composition of the harvest must be days and may be split into 2 segments. Central Management Unit conducted at 3-year intervals unless 100 The daily bag limit is 8 snipe. For All States Except Texas percent of the harvest will be assigned Zoning: Seasons may be selected by to the RMP crane quota; zones established for duck hunting. Hunting Seasons and Daily Bag C. In Idaho, 100 percent of the harvest Limits: Not more than 90 days, with a will be assigned to the RMP crane quota; American Woodcock daily bag limit of 15 mourning and and Outside Dates: States in the Eastern white-winged doves in the aggregate. D. In the Estancia Valley hunt area of and Central Management Regions may Zoning and Split Seasons: Seasons New Mexico, the level and racial select hunting seasons between composition of the harvest must be may be split into 3 segments; New September 13 and January 31. Mexico may select seasons in each of 2 monitored; greater sandhill cranes in the Hunting Seasons and Daily Bag harvest will be assigned to the RMP zones and may split their season in each Limits: Seasons may not exceed 45 days zone into 3 segments. crane quota. in the Eastern and Central Regions. The Gallinules daily bag limit is 3. Seasons may be split Texas Outside Dates: Between September 1 into 2 segments. Hunting Seasons and Daily Bag and January 31 in the Atlantic, Zoning: New Jersey may select Limits: Not more than 90 days, with a Mississippi, and Central Flyways. States seasons in each of two zones. The daily bag limit of 15 mourning, white- in the Pacific Flyway may select their season in each zone may not exceed 36 winged, and white-tipped doves in the hunting seasons between the outside days. aggregate, of which no more than 2 may dates for the season on ducks, Band-Tailed Pigeons be white-tipped doves. mergansers, and coots; therefore, Pacific Zoning and Split Seasons: Texas may Flyway frameworks for gallinules are Pacific Coast States (California, Oregon, select hunting seasons for each of 3 included with the duck, merganser, and Washington, and Nevada) zones subject to the following coot frameworks. Outside Dates: Between September 15 conditions: Hunting Seasons and Daily Bag and January 1. A. The season may be split into 2 Limits: Seasons may not exceed 70 days Hunting Seasons and Daily Bag segments, except in that portion of in the Atlantic, Mississippi, and Central Limits: Not more than 9 consecutive Texas in which the special white- Flyways. Seasons may be split into 2 days, with a daily bag limit of 2. winged dove season is allowed, where segments. The daily bag limit is 15 Zoning: California may select hunting a limited take of mourning and white- gallinules in the aggregate. seasons not to exceed 9 consecutive tipped doves may also occur during that

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special season (see Special White- Daily Bag and Possession Limits area are closed to harvest within 500 winged Dove Area in Texas, below). Ducks: Except as subsequently feet from the water’s edge. The offshore B. A season may be selected for the provided, the basic daily bag limit is 7 islands are open to harvest, for example: North and Central Zones between ducks. Basic daily bag limit in the North Woody, Long, Gull, and Puffin islands. September 1 and January 25; and for the Brant: The daily bag limit is 4. Zone is 10, and in the Gulf Coast Zone South Zone between September 14 and Snipe: The daily bag limit is 8. is 8. The basic daily bag limits may January 25. Sandhill Cranes: The daily bag limit include no more than 2 canvasbacks is 2 in the Southeast, Gulf Coast, Special White-Winged Dove Area in daily and may not include sea ducks. Kodiak, and Aleutian Zones, and Unit Texas In addition to the basic daily bag 17 in the North Zone. In the remainder In addition, Texas may select a limits, Alaska may select sea duck limits of the North Zone (outside Unit 17), the hunting season of not more than 6 days, of 10 daily in the aggregate, including daily bag limit is 3. consisting of two 3-consecutive-day no more than 6 each of either harlequin Tundra Swans: Open seasons for periods, for the Special White-winged or long-tailed ducks. Sea ducks include tundra swans may be selected subject to Dove Area between September 1 and scoters, common and king eiders, the following conditions: September 19. The daily bag limit may harlequin ducks, long-tailed ducks, and A. All seasons are by permit only. not exceed 15 white-winged, mourning, common, hooded, and red-breasted B. All season framework dates are and white-tipped doves in the aggregate, mergansers. September 1–October 31. of which no more than 2 may be Light Geese: The daily bag limit is 6. C. In Unit 17, no more than 200 mourning doves and no more than 2 Canada and Cackling Geese: The permits may be issued during this may be white-tipped doves. Shooting daily bag limit is 4 Canada and cackling operational season. No more than 3 hours are from noon to sunset. geese in the aggregate with the following tundra swans may be authorized per exceptions: permit, with no more than 1 permit Western Management Unit A. In Units 5 and 6, the taking of issued per hunter per season. Hunting Seasons and Daily Bag Limits Canada and cackling geese is permitted D. In Unit 18, no more than 500 Idaho, Nevada, Oregon, Utah, and from September 28 through December permits may be issued during the Washington: Not more than 60 days. 16. operational season. No more than 3 The daily bag limit is 15 mourning and B. On Middleton Island in Unit 6, a tundra swans may be authorized per white-winged doves in the aggregate. special, permit-only Canada and permit. No more than 1 permit may be Arizona and California: Not more cackling goose season may be offered. A issued per hunter per season. than 60 days, which may be split mandatory goose identification class is E. In Unit 22, no more than 300 between 2 segments, September 1–15 required. Hunters must check in and permits may be issued during the and November 1–January 15. In check out. The daily bag and possession operational season. No more than 3 Arizona, during the first segment of the limits are 1 Canada or cackling goose. tundra swans may be authorized per season, the daily bag limit is 15 The season will close if incidental permit. No more than 1 permit may be mourning and white-winged doves in harvest includes 5 dusky Canada geese. issued per hunter per season. the aggregate, of which no more than 10 A dusky Canada goose is any dark- F. In Unit 23, no more than 300 could be white-winged doves. During breasted Canada goose (Munsell 10 YR permits may be issued during the the remainder of the season, the daily color value 5 or less) with a bill length operational season. No more than 3 bag limit is 15 mourning doves. In between 40 and 50 millimeters. tundra swans may be authorized per California, the daily bag limit is 15 C. In Units 9, 10, 17, and 18, the daily permit. No more than 1 permit may be mourning and white-winged doves in bag limit is 6 Canada and cackling geese issued per hunter per season. in the aggregate. the aggregate, of which no more than 10 Hawaii could be white-winged doves. White-fronted Geese: The daily bag Zoning and Split Seasons: Arizona, limit is 4 with the following exceptions: Outside Dates: Between October 1 and California, Idaho, Nevada, Utah, and A. In Units 9, 10, and 17, the daily bag January 31. Hunting Seasons: Not more than 65 Washington may split their seasons into limit is 6 white-fronted geese. days (75 under the alternative) for 2 segments. Oregon may select hunting B. In Unit 18, the daily bag limit is 10 mourning doves. seasons in each of 2 zones and may split white-fronted geese. Bag Limits: Not to exceed 15 (12 their season in each zone into 2 Emperor Geese: Open seasons for under the alternative) mourning doves. segments. emperor geese may be selected subject to the following conditions: Note: Mourning doves may be taken Alaska A. All seasons are by permit only. in Hawaii in accordance with shooting Outside Dates: Between September 1 B. No more than 1 emperor goose may hours and other regulations set by the and January 26. be harvested per hunter per season. State of Hawaii, and subject to the Hunting Seasons: Except as C. Total harvest may not exceed 500 applicable provisions of 50 CFR part 20. subsequently provided, not more than emperor geese. Puerto Rico 107 consecutive days for waterfowl D. In State Game Management Unit 8, (except brant), sandhill cranes, and the Kodiak Island Road Area is closed Doves and Pigeons snipe concurrent in each of 5 zones. The to hunting. The Kodiak Island Road Outside Dates: Between September 1 season length for brant will be Area consists of all lands and water and January 15. determined based on the upcoming (including exposed tidelands) east of a Hunting Seasons: Not more than 60 brant winter survey results and the line extending from Crag Point in the days. Pacific brant harvest strategy. The north to the west end of Saltery Cove in Daily Bag and Possession Limits: Not season may be split into 2 segments in the south and all lands and water south to exceed 30 Zenaida, mourning, and the Southeast Zone. of a line extending from Termination white-winged doves in the aggregate, of Closures: The hunting season is Point along the north side of Cascade which not more than 10 may be Zenaida closed on spectacled eiders and Steller’s Lake extending to Anton Larsen Bay. doves and 3 may be mourning doves. eiders. Marine waters adjacent to the closed Not to exceed 5 scaly-naped pigeons.

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Closed Seasons: The season is closed pintail, West Indian whistling duck, Maryland on the white-crowned pigeon and the fulvous whistling duck, and masked Western Zone: Allegany, Carroll, plain pigeon, which are protected by the duck. Garrett, Frederick and Washington Commonwealth of Puerto Rico. Special Falconry Regulations Counties; and those portions of Closed Areas: There is no open season Baltimore, Howard, Prince George’s, and on doves or pigeons in the following In accordance with 50 CFR 21.29, falconry is a permitted means of taking Montgomery Counties west of a line areas: Municipality of Culebra, beginning at I–83 at the Pennsylvania Desecheo Island, Mona Island, El Verde migratory game birds in any State except for Hawaii. States may select an State line, following I–83 south to the Closure Area, and Cidra Municipality intersection of I–83 and I–695 (Outer and adjacent areas. extended season for taking migratory game birds in accordance with the Loop), south following I–695 (Outer Ducks, Coots, Gallinules, and Snipe following: Loop) to its intersection with I–95, Outside Dates: Between October 1 and Extended Seasons: For all hunting south following I–95 to its intersection January 31. methods combined, the combined with I–495 (Outer Loop), and following Hunting Seasons: Not more than 55 length of the extended season, regular I–495 (Outer Loop) to the Virginia shore days may be selected for hunting ducks, season, and any special or experimental of the Potomac River. common gallinules, and snipe. The seasons must not exceed 107 days for Eastern Zone: That portion of the season may be split into 2 segments. any species or group of species in a State not included in the Western Zone. geographical area. Each extended season Special Teal Season Area: Calvert, Daily Bag Limits may be split into 3 segments. Caroline, Cecil, Dorchester, Harford, Ducks: Not to exceed 6 ducks. Outside Dates: Seasons must fall Kent, Queen Anne’s, St. Mary’s, Common Gallinules: Not to exceed 6 between September 1 and March 10. Somerset, Talbot, Wicomico, and common gallinules. Daily Bag Limits: Falconry daily bag Worcester Counties; that part of Anne Snipe: Not to exceed 8 snipe. limits for all permitted migratory game Arundel County east of Interstate 895, Closed Seasons: The season is closed birds must not exceed 3 birds in the Interstate 97, and Route 3; that part of on ruddy duck, white-cheeked pintail, aggregate, during extended falconry Prince George’s County east of Route 3 West Indian whistling duck, fulvous seasons, any special or experimental and Route 301; and that part of Charles whistling duck, and masked duck, seasons, and regular hunting seasons in County east of Route 301 to the Virginia which are protected by the all States, including those that do not State Line. Commonwealth of Puerto Rico. The select an extended falconry season. Massachusetts season is closed for purple gallinule, Regular Seasons: General hunting American coot, and Caribbean coot. regulations, including seasons and Western Zone: That portion of the Closed Areas: There is no open season hunting hours, apply to falconry. State west of a line extending south on ducks, common gallinules, and snipe Regular season bag limits do not apply from the Vermont State line on I–91 to in the Municipality of Culebra and on to falconry. The falconry bag limit is not MA 9, west on MA 9 to MA 10, south Desecheo Island. in addition to shooting limits. on MA 10 to U.S. 202, south on U.S. 202 to the Connecticut State line. Virgin Islands Area, Unit, and Zone Descriptions Central Zone: That portion of the Doves and Pigeons Ducks (Including Mergansers) and Coots State east of the Berkshire Zone and west of a line extending south from the Outside Dates: Between September 1 Atlantic Flyway New Hampshire State line on I–95 to and January 15. Hunting Seasons: Not more than 60 Connecticut U.S. 1, south on U.S. 1 to I–93, south on consecutive days. North Zone: That portion of the State I–93 to MA 3, south on MA 3 to U.S. Daily Bag and Possession Limits: Not north of I–95. 6, west on U.S. 6 to MA 28, west on MA to exceed 10 Zenaida doves. South Zone: Remainder of the State. 28 to I–195, west to the Rhode Island State line; except the waters, and the Closed Seasons: No open season is Maine prescribed for ground or quail doves or lands 150 yards inland from the high- pigeons. North Zone: That portion north of the water mark, of the Assonet River Closed Areas: There is no open season line extending east along Maine State upstream to the MA 24 bridge, and the for migratory game birds on Ruth Cay Highway 110 from the New Hampshire- Taunton River upstream to the Center (just south of St. Croix). Maine State line to the intersection of Street-Elm Street bridge shall be in the Local Names for Certain Birds: Maine State Highway 11 in Newfield; Coastal Zone. Zenaida dove, also known as mountain then north and east along Route 11 to Coastal Zone: That portion of dove; bridled quail-dove, also known as the intersection of U.S. Route 202 in Massachusetts east and south of the Barbary dove or partridge; common Auburn; then north and east on Route Central Zone. ground-dove, also known as stone dove, 202 to the intersection of I–95 in New Hampshire tobacco dove, rola, or tortolita; scaly- Augusta; then north and east along I–95 naped pigeon, also known as red-necked to Route 15 in Bangor; then east along Northern Zone: That portion of the or scaled pigeon. Route 15 to Route 9; then east along State east and north of the Inland Zone Route 9 to Stony Brook in Baileyville; beginning at the Jct. of Route 10 and Ducks then east along Stony Brook to the U.S. Route 25–A in Orford, east on Route 25– Outside Dates: Between December 1 border. A to Route 25 in Wentworth, southeast and January 31. Coastal Zone: That portion south of a on Route 25 to Exit 26 of Route I–93 in Hunting Seasons: Not more than 55 line extending east from the Maine-New Plymouth, south on Route I–93 to Route consecutive days. Brunswick border in Calais at the Route 3 at Exit 24 of Route I–93 in Ashland, Daily Bag Limits: Not to exceed 6 1 Bridge; then south along Route 1 to northeast on Route 3 to Route 113 in ducks. the Maine-New Hampshire border in Holderness, north on Route 113 to Route Closed Seasons: The season is closed Kittery. 113–A in Sandwich, north on Route on the ruddy duck, white-cheeked South Zone: Remainder of the State. 113–A to Route 113 in Tamworth, east

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on Route 113 to Route 16 in Chocorua, Pennsylvania State line in the Delaware Vermont north on Route 16 to Route 302 in River. Lake Champlain Zone: The U.S. Conway, east on Route 302 to the South Zone: That portion of the State portion of Lake Champlain and that area Maine-New Hampshire border. not within the North Zone or the Coastal north and west of the line extending Inland Zone: That portion of the State Zone. from the New York border along U.S. 4 south and west of the Northern Zone, New York to VT 22A at Fair Haven; VT 22A to U.S. west of the Coastal Zone, and includes 7 at Vergennes; U.S. 7 to VT 78 at the area of Vermont and New Lake Champlain Zone: That area east Swanton; VT 78 to VT 36; VT 36 to Hampshire as described for hunting and north of a continuous line Maquam Bay on Lake Champlain; along reciprocity. A person holding a New extending along U.S. 11 from the New and around the shoreline of Maquam Hampshire hunting license that allows York-Canada International boundary Bay and Hog Island to VT 78 at the West the taking of migratory waterfowl or a south to NY 9B, south along NY 9B to Swanton Bridge; VT 78 to VT 2 in person holding a Vermont resident U.S. 9, south along U.S. 9 to NY 22 Alburg; VT 2 to the Richelieu River in hunting license that allows the taking of south of Keesville; south along NY 22 to Alburg; along the east shore of the migratory waterfowl may take migratory the west shore of South Bay, along and waterfowl and coots from the following around the shoreline of South Bay to NY Richelieu River to the Canadian border. Interior Zone: That portion of designated area of the Inland Zone: The 22 on the east shore of South Bay; Vermont east of the Lake Champlain State of Vermont east of Route I–91 at southeast along NY 22 to U.S. 4, Zone and west of a line extending from the Massachusetts border, north on northeast along U.S. 4 to the Vermont the Massachusetts border at Interstate Route I–91 to Route 2, north on Route State line. 91; north along Interstate 91 to U.S. 2; 2 to Route 102, north on Route 102 to Long Island Zone: That area Route 253, and north on Route 253 to consisting of Nassau County, Suffolk east along U.S. 2 to VT 102; north along the border with Canada and the area of County, that area of Westchester County VT 102 to VT 253; north along VT 253 New Hampshire west of Route 63 at the southeast of I–95, and their tidal waters. to the Canadian border. Connecticut River Zone: The Massachusetts border, north on Route Western Zone: That area west of a line remaining portion of Vermont east of 63 to Route 12, north on Route 12 to extending from Lake Ontario east along the Interior Zone. Route 12–A, north on Route 12–A to the north shore of the Salmon River to Route 10, north on Route 10 to Route I–81, and south along I–81 to the Virginia 135, north on Route 135 to Route 3, Pennsylvania State line. Northeastern Zone: That area north of Western Zone: All counties and north on Route 3 to the intersection portions of counties west of I–95. with the Connecticut River. a continuous line extending from Lake Ontario east along the north shore of the Eastern Zone: All counties and Coastal Zone: That portion of the portions of counties east of I–95. State east of a line beginning at the Salmon River to I–81, south along I–81 Maine-New Hampshire border in to NY 31, east along NY 31 to NY 13, Mississippi Flyway north along NY 13 to NY 49, east along Rollinsford, then extending to Route 4 Illinois west to the city of Dover, south to the NY 49 to NY 365, east along NY 365 to intersection of Route 108, south along NY 28, east along NY 28 to NY 29, east North Zone: That portion of the State Route 108 through Madbury, Durham, along NY 29 to NY 22, north along NY north of a line extending west from the and Newmarket to the junction of Route 22 to Washington County Route 153, Indiana border along Peotone-Beecher 85 in Newfields, south to Route 101 in east along CR 153 to the New York- Road to Illinois Route 50, south along Exeter, east to Interstate 95 (New Vermont boundary, exclusive of the Illinois Route 50 to Wilmington-Peotone Hampshire Turnpike) in Hampton, and Lake Champlain Zone. Road, west along Wilmington-Peotone south to the Massachusetts border. Southeastern Zone: The remaining Road to Illinois Route 53, north along portion of New York. Illinois Route 53 to New River Road, New Jersey North Carolina northwest along New River Road to Coastal Zone: That portion of the Interstate Highway 55, south along I–55 State seaward of a line beginning at the Coastal Zone: All counties and to Pine Bluff-Lorenzo Road, west along New York State line in Raritan Bay and portions of counties east of I–95. Pine Bluff-Lorenzo Road to Illinois Inland Zone: All counties and extending west along the New York Route 47, north along Illinois Route 47 portions of counties west of I–95. State line to NJ 440 at Perth Amboy; to I–80, west along I–80 to I–39, south west on NJ 440 to the Garden State Pennsylvania along I–39 to Illinois Route 18, west Parkway; south on the Garden State Lake Erie Zone: The Lake Erie waters along Illinois Route 18 to Illinois Route Parkway to NJ 109; south on NJ 109 to of Pennsylvania and a shoreline margin 29, south along Illinois Route 29 to Cape May County Route 633 (Lafayette along Lake Erie from New York on the Illinois Route 17, west along Illinois Street); south on Lafayette Street to east to Ohio on the west extending 150 Route 17 to the Mississippi River, and Jackson Street; south on Jackson Street yards inland, but including all of due south across the Mississippi River to the shoreline at Cape May; west along Presque Isle Peninsula. to the Iowa border. the shoreline of Cape May beach to Northwest Zone: The area bounded on Central Zone: That portion of the COLREGS Demarcation Line 80.503 at the north by the Lake Erie Zone and State south of the North Duck Zone line Cape May Point; south along COLREGS including all of Erie and Crawford to a line extending west from the Demarcation Line 80.503 to the Counties and those portions of Mercer Indiana border along I–70 to Illinois Delaware State line in Delaware Bay. and Venango Counties north of I–80. Route 4, south along Illinois Route 4 to North Zone: That portion of the State North Zone: That portion of the State Illinois Route 161, west along Illinois west of the Coastal Zone and north of east of the Northwest Zone and north of Route 161 to Illinois Route 158, south a line extending west from the Garden a line extending east on I–80 to U.S. and west along Illinois Route 158 to State Parkway on NJ 70 to the New 220, Route 220 to I–180, I–180 to I–80, Illinois Route 159, south along Illinois Jersey Turnpike, north on the turnpike and I–80 to the Delaware River. Route 159 to Illinois Route 3, south to U.S. 206, north on U.S. 206 to U.S. South Zone: The remaining portion of along Illinois Route 3 to St. Leo’s Road, 1 at Trenton, west on U.S. 1 to the Pennsylvania. south along St. Leo’s Road to Modoc

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Road, west along Modoc Road to Modoc Central Zone: The remainder of Iowa due east and on the Michigan/U.S.- Ferry Road, southwest along Modoc not included in the North and South Canadian border. Ferry Road to Levee Road, southeast zones. South Zone: The remainder of along Levee Road to County Route 12 South Zone: The south duck hunting Michigan. zone is that part of Iowa west of (Modoc Ferry entrance Road), south Minnesota along County Route 12 to the Modoc Interstate 29 and south of State Highway Ferry route and southwest on the Modoc 92 east to the Iowa-Illinois border. North Duck Zone: That portion of the State north of a line extending east from Ferry route across the Mississippi River Kentucky to the Missouri border. the North Dakota State line along State West Zone: All counties west of and Highway 210 to State Highway 23 and South Zone: That portion of the State including Butler, Daviess, Ohio, east to State Highway 39 and east to the south and east of a line extending west Simpson, and Warren Counties. Wisconsin State line at the Oliver from the Indiana border along Interstate East Zone: The remainder of Bridge. 70, south along U.S. Highway 45, to Kentucky. South Duck Zone: The portion of the Illinois Route 13, west along Illinois State south of a line extending east from Louisiana Route 13 to Greenbriar Road, north on the South Dakota State line along U.S. Greenbriar Road to Sycamore Road, East Zone: That area of the State Highway 212 to Interstate 494 and east west on Sycamore Road to N. Reed beginning at the Arkansas border, then to Interstate 94 and east to the Station Road, south on N. Reed Station south on U.S. Hwy 79 to State Hwy 9, Wisconsin State line. Road to Illinois Route 13, west along then south on State Hwy 9 to State Hwy Central Duck Zone: The remainder of Illinois Route 13 to Illinois Route 127, 147, then south on State Hwy 147 to the State. south along Illinois Route 127 to State U.S. Hwy 167, then south and east on Forest Road (1025 N), west along State U.S. Hwy 167 to U.S. Hwy 90, then Missouri Forest Road to Illinois Route 3, north south on U.S. Hwy 90 to the Mississippi North Zone: That portion of Missouri along Illinois Route 3 to the south bank State line. north of a line running west from the of the Big Muddy River, west along the West Zone: Remainder of the State. Illinois border at I–70; west on I–70 to south bank of the Big Muddy River to Hwy 65; north on Hwy 65 to Hwy 41, Michigan the Mississippi River, west across the north on Hwy 41 to Hwy 24; west on Mississippi River to the Missouri North Zone: The Upper Peninsula. Hwy 24 to MO Hwy 10, west on Hwy border. Middle Zone: That portion of the 10 to Hwy 69, north on Hwy 69 to MO South Central Zone: The remainder of Lower Peninsula north of a line Hwy 116, west on MO Hwy 116 to Hwy the State between the south border of beginning at the Michigan-Wisconsin 59, south on Hwy 59 to the Kansas the Central Zone and the North border boundary line in Lake Michigan, border. of the South Zone. directly due west of the mouth of Middle Zone: The remainder of Stoney Creek in section 31, T14N R18W, Missouri not included in other zones. Indiana Oceana County, then proceed easterly South Zone: That portion of Missouri North Zone: That part of Indiana and southerly along the centerline of south of a line running west from the north of a line extending east from the Stoney Creek to its intersection with Illinois border on MO Hwy 74 to MO Illinois border along State Road 18 to Scenic Drive, southerly on Scenic Drive Hwy 25; south on MO Hwy 25. to U.S. U.S. 31; north along U.S. 31 to U.S. 24; to Stoney Lake Road in section 5, T13N Hwy 62; west on U.S. Hwy 62 to MO east along U.S. 24 to Huntington; R18W, Oceana County, easterly on Hwy 53; north on MO Hwy 53 to MO southeast along U.S. 224; south along Stoney Lake Road then both west and Hwy 51; north on MO Hwy 51 to U.S. State Road 5; and east along State Road east Garfield Roads (name change only; Hwy 60; west on U.S. Hwy 60 to MO 124 to the Ohio border. not an intersection) then crossing Hwy 21; north on MO Hwy 21 to MO highway U.S.–31 to State Highway M– Hwy 72; west on MO Hwy 72 to MO Central Zone: That part of Indiana 20 (north of the town of New Era; also Hwy 32; west on MO Hwy 32 to U.S. south of the North Zone boundary and locally named Hayes Road) in section Hwy 65; north on U.S. Hwy 65 to U.S. north of the South Zone boundary. 33, T14N R17W, Oceana County, Hwy 54; west on U.S. Hwy 54 to the South Zone: That part of Indiana easterly on M–20 through Oceana, Kansas border. south of a line extending east from the Newaygo, Mecosta, Isabella, and Illinois border along I–70; east along Midland Counties to highway U.S.–10 Ohio National Ave.; east along U.S. 150; business route in the city of Midland, Lake Erie Marsh Zone: Includes all south along U.S. 41; east along State easterly on U.S.–10 BR to highway U.S.– land and water within the boundaries of Road 58; south along State Road 37 to 10 at the Bay County line, easterly on the area bordered by a line beginning at Bedford; and east along U.S. 50 to the U.S.–10 then crossing U.S.–75 to State the intersection of Interstate 75 at the Ohio border. Highway M–25 (west of the town of Bay Ohio-Michigan State line and Iowa City), easterly along M–25 into Tuscola continuing south to Interstate 280, then County then northeasterly and easterly south on I–280 to the Ohio Turnpike (I– North Zone: That portion of Iowa on M–25 through Tuscola County into 80/I–90), then east on the Ohio north of a line beginning on the South Huron County, turning southeasterly on Turnpike to the Erie-Lorain County line, Dakota-Iowa border at Interstate 29, M–25 (near the town of Huron City; also then north to Lake Erie, then following southeast along Interstate 29 to State locally named North Shore Road) to the the Lake Erie shoreline at a distance of Highway 20 to the Iowa-Illinois border. centerline of Willow Creek in section 4, 200 yards offshore, then following the The south duck hunting zone is that T18N R14E, Huron County, then shoreline west toward and around the part of Iowa west of Interstate 29 and northerly along the centerline of Willow northern tip of Cedar Point Amusement south of State Highway 92 east to the Creek to the mouth of Willow Creek into Park, then continuing from the Iowa-Illinois border. The central duck Lake Huron, then directly due east along westernmost point of Cedar Point hunting zone is the remainder of the a line from the mouth of Willow Creek toward the southernmost tip of the sand State. heading east into Lake Huron to a point bar at the mouth of Sandusky Bay and

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out into Lake Erie at a distance of 200 Central Flyway junction with Federal Hwy U.S.–56, yards offshore continuing parallel to the Colorado (Central Flyway Portion) then southwest on Federal Hwy U.S.–56 Lake Erie shoreline north and west to its junction with State Hwy K–19, toward the northernmost tip of Cedar Special Teal Season Area: Lake and then east on State Hwy K–19 to its Point National Wildlife Refuge, then Chaffee Counties and that portion of the junction with Federal Hwy U.S.–281, following a direct line toward the State east of Interstate Highway 25. then south on Federal Hwy U.S.–281 to southernmost tip of Wood Tick Northeast Zone: All areas east of its junction with Federal Hwy U.S.–54, Peninsula in Michigan to a point that Interstate 25 and north of Interstate 70. then west on Federal Hwy U.S.–54 to its Southeast Zone: All areas east of intersects the Ohio-Michigan State line, junction with Federal Hwy U.S.–183, Interstate 25 and south of Interstate 70, then following the State line back to the then north on Federal Hwy U.S.–183 to and all of El Paso, Pueblo, Huerfano, point of the beginning. its junction with Federal Hwy U.S.–56, and Las Animas Counties. then southwest on Federal Hwy U.S.–56 North Zone: That portion of the State, Mountain/Foothills Zone: All areas to its junction with North Main Street in excluding the Lake Erie Marsh Zone, west of Interstate 25 and east of the Spearville, then south on North Main north of a line extending east from the Continental Divide, except El Paso, Street to Davis Street, then east on Davis Indiana State line along U.S. Highway Pueblo, Huerfano, and Las Animas Street to Ford County Road 126 (South (U.S.) 33 to State Route (SR) 127, then Counties. south along SR 127 to SR 703, then Stafford Street), then south on Ford south along SR 703 and including all Kansas County Road 126 to Garnett Road, then lands within the Mercer Wildlife Area High Plains: That portion of the State east on Garnett Road to Ford County to SR 219, then east along SR 219 to SR west of U.S. 283. Road 126, then south on Ford County 364, then north along SR 364 and Low Plains Early Zone: That part of Road 126 to Ford Spearville Road, then including all lands within the St. Mary’s Kansas bounded by a line from the west on Ford Spearville Road to its Fish Hatchery to SR 703, then east along Federal Hwy U.S.–283 and State Hwy junction with Federal Hwy U.S.–400, SR 703 to SR 66, then north along SR 96 junction, then east on State Hwy 96 then northwest on Federal Hwy U.S.– 66 to U.S. 33, then east along U.S. 33 to to its junction with Federal Hwy U.S.– 400 to its junction with Federal Hwy SR 385, then east along SR 385 to SR 183, then north on Federal Hwy U.S.– U.S.–283, and then north on Federal 117, then south along SR 117 to SR 273, 183 to its junction with Federal Hwy Hwy U.S.–283 to its junction with then east along SR 273 to SR 31, then U.S.–24, then east on Federal Hwy U.S.– Federal Hwy U.S.–96. south along SR 31 to SR 739, then east 24 to its junction with Federal Hwy Low Plains Late Zone: That part of along SR 739 to SR 4, then north along U.S.–281, then north on Federal Hwy Kansas bounded by a line from the SR 4 to SR 95, then east along SR 95 to U.S.–281 to its junction with Federal Federal Hwy U.S.–283 and State Hwy SR 13, then southeast along SR 13 to SR Hwy U.S.–36, then east on Federal Hwy 96 junction, then north on Federal Hwy 3, then northeast along SR 3 to SR 60, U.S.–36 to its junction with State Hwy U.S.–283 to the Kansas-Nebraska State then north along SR 60 to U.S. 30, then K–199, then south on State Hwy K–199 line, then east along the Kansas- east along U.S. 30 to SR 3, then south to its junction with Republic County Nebraska State line to its junction with along SR 3 to SR 226, then south along 30th Road, then south on Republic the Kansas-Missouri State line, then SR 226 to SR 514, then southwest along County 30th Road to its junction with southeast along the Kansas-Missouri SR 514 to SR 754, then south along SR State Hwy K–148, then east on State State line to its junction with State Hwy 754 to SR 39/60, then east along SR 39/ Hwy K–148 to its junction with K–68, then west on State Hwy K–68 to 60 to SR 241, then north along SR 241 Republic County 50th Road, then south its junction with interstate Hwy I–35, to U.S. 30, then east along U.S. 30 to SR on Republic County 50th Road to its then southwest on interstate Hwy I–35 39, then east along SR 39 to the junction with Cloud County 40th Road, to its junction with Butler County NE Pennsylvania State line. then south on Cloud County 40th Road 150th Street, then west on Butler South Zone: The remainder of Ohio to its junction with State Hwy K–9, then County NE 150th Street to its junction not included in the Lake Erie Marsh west on State Hwy K–9 to its junction with Federal Hwy U.S.–77, then south Zone or the North Zone. with Federal Hwy U.S.–24, then west on on Federal Hwy U.S.–77 to its junction Tennessee Federal Hwy U.S.–24 to its junction with the Kansas-Oklahoma State line, with Federal Hwy U.S.–181, then south then west along the Kansas-Oklahoma Reelfoot Zone: The lands and waters on Federal Hwy U.S.–181 to its junction State line to its junction with Federal within the boundaries of Reelfoot Lake with State Hwy K–18, then west on Hwy U.S.–283, then north on Federal WMA only. State Hwy K–18 to its junction with Hwy U.S.–283 to its junction with Remainder of State: That portion of Federal Hwy U.S.–281, then south on Federal Hwy U.S.–400, then east on Tennessee outside of the Reelfoot Zone. Federal Hwy U.S.–281 to its junction Federal Hwy U.S.–400 to its junction with Ford Spearville Road, then east on Wisconsin with State Hwy K–4, then east on State Hwy K–4 to its junction with interstate Ford Spearville Road to Ford County North Zone: That portion of the State Hwy I–135, then south on interstate Road 126 (South Stafford Street), then north of a line extending east from the Hwy I–135 to its junction with State north on Ford County Road 126 to Minnesota State line along U.S. Hwy K–61, then southwest on State Garnett Road, then west on Garnett Highway 10 to U.S. Highway 41, then Hwy K–61 to its junction with Road to Ford County Road 126, then north on U.S. Highway 41 to the McPherson County 14th Avenue, then north on Ford County Road 126 to Davis Michigan State line. south on McPherson County 14th Street, then west on Davis Street to Open Water Zone: That portion of the Avenue to its junction with McPherson North Main Street, then north on North State extending 500 feet or greater from County Arapaho Road, then west on Main Street to its junction with Federal the Lake Michigan shoreline bounded McPherson County Arapaho Road to its Hwy U.S.–56, then east on Federal Hwy by the Michigan State line and the junction with State Hwy K–61, then U.S.–56 to its junction with Federal Illinois State line. southwest on State Hwy K–61 to its Hwy U.S.–183, then south on Federal South Zone: The remainder of the junction with State Hwy K–96, then Hwy U.S.–183 to its junction with State. northwest on State Hwy K–96 to its Federal Hwy U.S.–54, then east on

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Federal Hwy U.S.–54 to its junction Montana (Central Flyway Portion) County Rd 167; south to U.S. Hwy 26; with Federal Hwy U.S.–281, then north Zone 1: The Counties of Blaine, east to County Rd 171; north to County on Federal Hwy U.S.–281 to its junction Carter, Daniels, Dawson, Fallon, Fergus, Rd 68; east to County Rd 183; south to with State Hwy K–19, then west on Garfield, Golden Valley, Judith Basin, County Rd 64; east to County Rd 189; State Hwy K–19 to its junction with McCone, Musselshell, Petroleum, north to County Rd 70; east to County Federal Hwy U.S.–56, then east on Phillips, Powder River, Richland, Rd 201; south to County Rd 60A; east Federal Hwy U.S.–56 to its junction Roosevelt, Sheridan, Stillwater, Sweet to County Rd 203; south to County Rd with State Hwy K–96, then southeast on Grass, Valley, Wheatland, and Wibaux. 52; east to Keith County Line; north State Hwy K–96 to its junction with Zone 2: The Counties of Big Horn, along the Keith County line to the State Hwy K–61, then northeast on State Carbon, Custer, Prairie, Rosebud, northern border of Keith County; east Hwy K–61 to its junction with Treasure, and Yellowstone. along the northern boundaries of Keith McPherson County Arapaho Road, then and Lincoln Counties to NE Hwy 97; east on McPherson County Arapaho Nebraska south to U.S. Hwy 83; south to E Hall Road to its junction with McPherson High Plains: That portion of Nebraska School Rd; east to North Airport Road; County 14th Avenue, then north on lying west of a line beginning at the south to U.S. Hwy 30; east to NE Hwy McPherson County 14th Avenue to its South Dakota-Nebraska border on U.S. 47; south to NE Hwy 23; east on NE junction with State Hwy K–61, then east Hwy 183; south on U.S. Hwy 183 to U.S. Hwy 23 to U.S. Hwy 283; south on U.S. on State Hwy K–61 to its junction with Hwy 20; west on U.S. Hwy 20 to NE Hwy 283 to the Kansas-Nebraska border; interstate Hwy I–135, then north on Hwy 7; south on NE Hwy 7 to NE Hwy west along Kansas-Nebraska border to interstate Hwy I–135 to its junction with 91; southwest on NE Hwy 91 to NE Hwy the Nebraska-Colorado border; north State Hwy K–4, then west on State Hwy 2; southeast on NE Hwy 2 to NE Hwy and west to the Wyoming-Nebraska K–4 to its junction with Federal Hwy 92; west on NE Hwy 92 to NE Hwy 40; border; north along the Wyoming- U.S.–281, then north on Federal Hwy south on NE Hwy 40 to NE Hwy 47; Nebraska border to its northernmost- U.S.–281 to its junction with State Hwy south on NE Hwy 47 to NE Hwy 23; east intersection with the Interstate Canal. K–18, then east on State Hwy K–18 to on NE Hwy 23 to U.S. Hwy 283; and Zone 4: Area encompassed by its junction with Federal Hwy U.S.–181, south on U.S. Hwy 283 to the Kansas- designated Federal and State highways then north on Federal Hwy U.S.–181 to Nebraska border. and County Roads beginning at the its junction with Federal Hwy U.S.–24, Zone 1: Area bounded by designated intersection of U.S. Hwy 283 at the then east on Federal Hwy U.S.–24 to its Federal and State highways and Kansas-Nebraska border; north to NE junction with State Hwy K–9, then east political boundaries beginning at the Hwy 23; west to NE Hwy 47; north to on State Hwy K–9 to its junction with South Dakota-Nebraska border at U.S. Dawson County Rd 769; east to County Cloud County 40th Road, then north on Hwy 183; south along Hwy 183 to the Rd 423; south to County Rd 766; east to Cloud County 40th Road to its junction Niobara River; east along the Niobara County Rd 428; south to County Rd 763; with Republic County 50th Road, then River to NE Hwy 137; south to U.S. Hwy east to NE Hwy 21; south to County Rd north on Republic County 50th Road to 20; east to U.S. Hwy 281; north to the 761; east on County Rd 761 to County its junction with State Hwy K–148, then Niobrara River; east along the Niobrara Road 437; south to the Dawson County west on State Hwy K–148 to its junction River to the Boyd County Line; north Canal; southeast along Dawson County with Republic County 30th Road, then along the Boyd County line to NE Hwy Canal; east to County Rd 444; south to north on Republic County 30th Road to 12; east to NE 26E Spur; north along the U.S. Hwy 30; east to U.S. Hwy 183; its junction with State Hwy K–199, then NE 26E Spur to the Ponca State Park north to Buffalo County Rd 100; east to north on State Hwy K–199 to its boat ramp; north and west along the 46th Ave.; north to NE Hwy 40; east to junction with Federal Hwy U.S.–36, Missouri River to the Nebraska-South NE Hwy 10; north to County Rd 220 and then west on Federal Hwy U.S.–36 to its Dakota border; west along the Nebraska- Hall County Husker Highway; east to junction with Federal Hwy U.S.–281, South Dakota border to U.S. Hwy 183. Hall County S 70th Rd; north to NE Hwy then south on Federal Hwy U.S.–281 to Both banks of the Niobrara River in 2; east to U.S. Hwy 281; north to its junction with Federal Hwy U.S.–24, Keya Paha and Boyd counties east of Chapman Rd; east to 7th Rd; south to then west on Federal Hwy U.S.–24 to its U.S. Hwy 183 shall be included in Zone U.S. Hwy 30; north and east to NE Hwy junction with Federal Hwy U.S.–183, 1. 14; south to County Rd 22; west to then south on Federal Hwy U.S.–183 to Zone 2: Those areas of the State that County Rd M; south to County Rd 21; its junction with Federal Hwy U.S.–96, are not contained in Zones 1, 3, or 4. west to County Rd K; south to U.S. Hwy and then west on Federal Hwy U.S.–96 Zone 3: Area bounded by designated 34; west to NE Hwy 2; south to U.S. to its junction with Federal Hwy U.S.– Federal and State highways, County Hwy I–80; west to Gunbarrel Rd (Hall/ 283. Roads, and political boundaries Hamilton county line); south to Giltner Low Plains Southeast Zone: That part beginning at the Wyoming-Nebraska Rd; west to U.S. Hwy 281; south to W. of Kansas bounded by a line from the border at its northernmost intersection 82nd St; west to Holstein Ave.; south to Missouri-Kansas State line west on K– with the Interstate Canal; southeast U.S. Hwy 34; west to NE Hwy 10; north 68 to its junction with I–35, then along the Interstate Canal to the to Kearney County Rd R and Phelps southwest on I–35 to its junction with northern border of Scotts Bluff County; County Rd 742; west to Gosper County Butler County, NE 150th Street, then east along northern borders of Scotts Rd 433; south to N. Railway Street; west west on NE 150th Street to its junction Bluff and Morrill Counties to Morrill to Commercial Ave.; south to NE Hwy with Federal Hwy U.S.–77, then south County Road 125; south to Morrill 23; west to Gosper County Rd 427; south on Federal Hwy U.S.–77 to the County Rd 94; east to County Rd 135; to Gosper County Rd 737; west to Oklahoma-Kansas State line, then east south to County Rd 88; east to County Gosper County Rd 426; south to Gosper along the Kansas-Oklahoma State line to Rd 147; south to County Rd 88; County Rd 735; east to Gosper County its junction with the Kansas-Missouri southeast to County Rd 86; east to Rd 427; south to Furnas County Rd 276; State line, then north along the Kansas- County Rd 151; south to County Rd 80; west to Furnas County Rd 425.5/425; Missouri State line to its junction with east to County Rd 161; south to County south to U.S. Hwy 34; east to NE Hwy State Hwy K–68. Rd 76; east to County Rd 165; south to 4; east to NE Hwy 10; south to U.S. Hwy

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136; east to NE Hwy 14; south to NE border; west along Kansas-Nebraska on U.S. 281 and U.S. 18 to SD 50; south Hwy 8; east to U.S. Hwy 81; north to NE border to U.S. Hwy 283. and east on SD 50 to the Bon Homme Hwy 4; east to NE Hwy 15; north to U.S. County line; the Counties of Bon New Mexico (Central Flyway Portion) Hwy 6; east to NE Hwy 33; east to SW Homme, Yankton, and Clay south of SD 142 Street; south to W. Hallam Rd; east North Zone: That portion of the State 50; and Union County south and west to SW 100 Rd; south to W. Chestnut Rd; north of I–40 and U.S. 54. of SD 50 and I–29. west to NE Hwy 103; south to NE Hwy South Zone: The remainder of New Low Plains Middle Zone: The 4; west to NE Hwy 15; south to U.S. Mexico. remainder of South Dakota. Hwy 136; east to Jefferson County Rd North Dakota Texas 578 Ave.; south to PWF Rd; east to NE Hwy 103; south to NE Hwy 8; east to High Plains: That portion of the State High Plains: That portion of the State U.S. Hwy 75; north to U.S. Hwy 136; south and west of a line beginning at the west of a line extending south from the east to the intersection of U.S. Hwy 136 junction of U.S. Hwy 83 and the South Oklahoma State line along U.S. 183 to Dakota State line, then north along U.S. and the Steamboat Trace (Trace); north Vernon, south along U.S. 283 to Albany, Hwy 83 and I–94 to ND Hwy 41, then along the Trace to the intersection with south along TX 6 to TX 351 to Abilene, north on ND Hwy 41 to ND Hwy 53, Federal Levee R–562; north along south along U.S. 277 to Del Rio, then then west on ND Hwy 53 to U.S. Hwy Federal Levee R–562 to the intersection south along the Del Rio International 83, then north on U.S. Hwy 83 to U.S. with Nemaha County Rd 643A; south to Toll Bridge access road to the Mexico Hwy 2, then west on U.S. Hwy 2 to the the Trace; north along the Trace/ border. Williams County line, then north and Low Plains North Zone: That portion Burlington Northern Railroad right-of- west along the Williams and Divide of northeastern Texas east of the High way to NE Hwy 2; west to U.S. Hwy 75; County lines to the Canadian border. Plains Zone and north of a line north to NE Hwy 2; west to NE Hwy 50; Low Plains: The remainder of North beginning at the International Toll north to Otoe County Rd D; east to N. Dakota. Bridge south of Del Rio, then extending 32nd Rd; north to Otoe County Rd B; east on U.S. 90 to San Antonio, then west to NE Hwy 50; north to U.S. Hwy Oklahoma continuing east on I–10 to the Louisiana 34; west to NE Hwy 63; north to NE High Plains: The Counties of Beaver, State line at Orange, Texas. Hwy 66; north and west to U.S. Hwy 77; Cimarron, and Texas. Low Plains South Zone: The north to NE Hwy 109; west along NE Low Plains Zone 1: That portion of the remainder of Texas. Hwy 109 and Saunders County Rd X to State east of the High Plains Zone and Saunders County 19; south to NE Hwy north of a line extending east from the Wyoming (Central Flyway portion) 92; west to NE Hwy Spur 12F; south to Texas State line along OK 33 to OK 47, Zone C1: Big Horn, Converse, Goshen, Butler County Rd 30; east to County Rd east along OK 47 to U.S. 183, south Hot Springs, Natrona, Park, Platte, and X; south to County Rd 27; west to along U.S. 183 to I–40, east along I–40 Washakie Counties; and Fremont County Rd W; south to County Rd 26; to U.S. 177, north along U.S. 177 to OK County excluding the portions west or east to County Rd X; south to County Rd 33, east along OK 33 to OK 18, north south of the Continental Divide. 21 (Seward County Line); west to NE along OK 18 to OK 51, west along OK Zone C2: Campbell, Crook, Johnson, Hwy 15; north to County Rd 34; west to 51 to I–35, north along I–35 to U.S. 412, Niobrara, Sheridan, and Weston County Rd H; south to NE Hwy 92; west west along U.S. 412 to OK 132, then Counties. to U.S. Hwy 81; south to NE Hwy 66; north along OK 132 to the Kansas State Zone C3: Albany and Laramie west to Dark Island Trail, north to line. Counties; and that portion of Carbon Merrick County Rd M; east to Merrick Low Plains Zone 2: The remainder of County east of the Continental Divide. County Rd 18; north to NE Hwy 92; west Oklahoma. Pacific Flyway to NE Hwy 14; north to NE Hwy 52; west and north to NE Hwy 91; west to South Dakota Arizona U.S. Hwy 281; south to NE Hwy 58; High Plains: That portion of the State North Zone: Game Management Units west to NE Hwy 11; west and south to west of a line beginning at the North 1–5, those portions of Game NE Hwy 2; west to NE Hwy 68; north Dakota State line and extending south Management Units 6 and 8 within to NE Hwy L82A; west to NE Hwy 10; along U.S. 83 to U.S. 14, east on U.S. 14 Coconino County, and Game north to NE Hwy 92; west to U.S. Hwy to Blunt, south on the Blunt-Canning Management Units 7, 9, and 12A. 183; north to Round Valley Rd; west to Road to SD 34, east and south on SD 34 South Zone: Those portions of Game Sargent River Rd; west to Sargent Rd; to SD 50 at Lee’s Corner, south on SD Management Units 6 and 8 in Yavapai west to NE Hwy S21A; west to NE Hwy 50 to I–90, east on I–90 to SD 50, south County, and Game Management Units 2; north to NE Hwy 91 to North Loup on SD 50 to SD 44, west on SD 44 across 10 and 12B–45. Spur Rd; north to North Loup River Rd; the Platte-Winner bridge to SD 47, south north and east along to Pleasant Valley/ on SD 47 to U.S. 18, east on U.S. 18 to California Worth Rd; east to Loup County Line; SD 47, south on SD 47 to the Nebraska Northeastern Zone: That portion of north along the Loup County Line to State line. California lying east and north of a line Loup-Brown County line; east along Low Plains North Zone: That portion beginning at the intersection of northern boundaries of Loup and of northeastern South Dakota east of the Interstate 5 with the California-Oregon Garfield Counties to NE Hwy 11; south High Plains Unit and north of a line line; south along Interstate 5 to its to Cedar River Road; east and south to extending east along U.S. 212 to the junction with Walters Lane south of the NE Hwy 70; east to U.S. Hwy 281; north Minnesota State line. town of Yreka; west along Walters Lane to NE Hwy 70; east to NE Hwy 14; south Low Plains South Zone: That portion to its junction with Easy Street; south to NE Hwy 39; southeast to NE Hwy 22; of Gregory County east of SD 47 and along Easy Street to the junction with east to U.S. Hwy 81; southeast to U.S. south of SD 44; Charles Mix County Old Highway 99; south along Old Hwy 30; east to the Iowa-Nebraska south of SD 44 to the Douglas County Highway 99 to the point of intersection border; south to the Missouri-Nebraska line; south on SD 50 to Geddes; east on with Interstate 5 north of the town of border; south to Kansas-Nebraska the Geddes Highway to U.S. 281; south Weed; south along Interstate 5 to its

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junction with Highway 89; east and junction of Highway 58; east on Northwest Zone: Carson City, south along Highway 89 to Main Street Highway 58 to the junction of Interstate Churchill, Douglas, Humboldt, Lyon, Greenville; north and east to its junction 15; east on Interstate 15 to the junction Mineral, Pershing, Storey, and Washoe with North Valley Road; south to its with Highway 127; north on Highway Counties. junction of Diamond Mountain Road; 127 to the point of intersection with the South Zone: Clark, Esmeralda, north and east to its junction with North California-Nevada State line. Lincoln, and Nye Counties. Arm Road; south and west to the Southern San Joaquin Valley Zone: Moapa Valley Special Management junction of North Valley Road; south to All of Kings and Tulare Counties and Area: That portion of Clark County the junction with Arlington Road (A22); that portion of Kern County north of the including the Moapa Valley to the west to the junction of Highway 89; Southern Zone. confluence of the Muddy and Virgin south and west to the junction of Balance of State Zone: The remainder Rivers. Highway 70; east on Highway 70 to of California not included in the Oregon Highway 395; south and east on Northeastern, Colorado River, Southern, Highway 395 to the point of intersection and the Southern San Joaquin Valley Zone 1: Benton, Clackamas, Clatsop, with the California-Nevada State line; Zones. Columbia, Coos, Curry, Douglas, north along the California-Nevada State Gilliam, Hood River, Jackson, Josephine, line to the junction of the California- Colorado (Pacific Flyway Portion) Lane, Lincoln, Linn, Marion, Morrow, Nevada-Oregon State lines; west along Eastern Zone: Routt, Grand, Summit, Multnomah, Polk, Sherman, Tillamook, the California-Oregon State line to the Eagle, and Pitkin Counties, those Umatilla, Wasco, Washington, and point of origin. portions of Saguache, San Juan, Yamhill Counties. Colorado River Zone: Those portions Hinsdale, and Mineral Counties west of Zone 2: The remainder of Oregon not of San Bernardino, Riverside, and the Continental Divide, those portions included in Zone 1. Imperial Counties east of a line from the of Gunnison County except the North Utah intersection of Highway 95 with the Fork of the Gunnison River Valley Zone 1: Box Elder, Cache, Daggett, California-Nevada State line; south on (Game Management Units 521, 53, and Davis, Duchesne, Morgan, Rich, Salt Highway 95 through the junction with 63), and that portion of Moffat County Lake, Summit, Uintah, Utah, Wasatch, Highway 40; south on Highway 95 to east of the northern intersection of and Weber Counties, and that part of Vidal Junction; south through the town Moffat County Road 29 with the Moffat- Toole County north of I–80. of Rice to the San Bernardino-Riverside Routt County line, south along Moffat County line on a road known as Zone 2: The remainder of Utah not County Road 29 to the intersection of included in Zone 1. ‘‘Aqueduct Road’’ also known as Moffat County Road 29 with the Moffat- Highway 62 in San Bernardino County; Routt County line (Elkhead Reservoir Washington southwest on Highway 62 to Desert State Park). Center Rice Road; south on Desert East Zone: All areas east of the Pacific Western Zone: All areas west of the Center Rice Road/Highway 177 to the Crest Trail and east of the Big White town of Desert Center; east 31 miles on Continental Divide not included in the Salmon River in Klickitat County. Interstate 10 to its intersection with Eastern Zone. West Zone: The remainder of Wiley Well Road; south on Wiley Well Idaho Washington not included in the East Road to Wiley Well; southeast on Zone. Zone 1: All lands and waters within Milpitas Wash Road to the Blythe, Wyoming (Pacific Flyway Portion) Brawley, Davis Lake intersections; south the Fort Hall Indian Reservation, on Blythe Ogilby Road also known as including private in-holdings; Bannock Snake River Zone: Beginning at the County Highway 34 to its intersection County; Bingham County except that south boundary of Yellowstone National with Ogilby Road; south on Ogilby Road portion within the Blackfoot Reservoir Park and the Continental Divide; south to its intersection with Interstate 8; east drainage; Caribou County within the along the Continental Divide to Union 7 miles on Interstate 8 to its intersection Fort Hall Indian Reservation; and Power Pass and the Union Pass Road (U.S.F.S. with the Andrade-Algodones Road/ County east of State Highway 37 and Road 600); west and south along the Highway 186; south on Highway 186 to State Highway 39. Union Pass Road to U.S.F.S. Road 605; its intersection with the U.S.-Mexico Zone 2: Bear Lake, Bonneville, Butte, south along U.S.F.S. Road 605 to the border at Los Algodones, Mexico. Clark, Fremont, Jefferson, Madison, and Bridger-Teton National Forest boundary; Southern Zone: That portion of Teton Counties; Bingham County within along the national forest boundary to the southern California (but excluding the the Blackfoot Reservoir drainage; and Idaho State line; north along the Idaho Colorado River zone) south and east of Caribou County except within the Fort State line to the south boundary of a line beginning at the mouth of the Hall Indian Reservation. Yellowstone National Park; east along Santa Maria River at the Pacific Ocean; Zone 3: Ada, Adams, Benewah, the Yellowstone National Park boundary east along the Santa Maria River to Blaine, Boise, Bonner, Boundary, to the Continental Divide. where it crosses Highway 101–166 near Camas, Canyon, Cassia, Clearwater, Balance of State Zone: The remainder the City of Santa Maria; north on Custer, Elmore, Franklin, Gem, Gooding, of the Pacific Flyway portion of Highway 101–166; east on Highway 166 Idaho, Jerome, Kootenai, Latah, Lemhi, Wyoming not included in the Snake to the junction with Highway 99; south Lewis, Lincoln, Minidoka, Nez Perce, River Zone. on Highway 99 to the junction of Oneida, Owyhee, Payette, Shoshone, Geese Interstate 5; south on Interstate 5 to the Twin Falls, and Washington Counties; crest of the Tehachapi Mountains at and Power County west of State Atlantic Flyway Tejon Pass; east and north along the Highway 37 and State Highway 39. Connecticut crest of the Tehachapi Mountains to Zone 4: Valley County. where it intersects Highway 178 at Early Canada and Cackling Goose Nevada Walker Pass; east on Highway 178 to the Seasons junction of Highway 395 at the town of Northeast Zone: Elko, Eureka, Lander, South Zone: Same as for ducks. Inyokern; south on Highway 395 to the and White Pine Counties. North Zone: Same as for ducks.

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Regular Seasons west of Route 3 and Route 301; that then south along Route 9 to Route 625 AP Unit: Litchfield County and the portion of Charles County west of Route (Sea Isle City Boulevard); then east portion of Hartford County west of a 301 to the Virginia State line; and that along Route 625 to the Atlantic Ocean; line beginning at the Massachusetts portion of Carroll County west of Route then north to the beginning point. border in Suffield and extending south 31 to the intersection of Route 97, and New York west of Route 97 to the Pennsylvania along Route 159 to its intersection with Lake Champlain Goose Area: The I–91 in Hartford, and then extending State line. AP Zone: Remainder of the State. same as the Lake Champlain Waterfowl south along I–91 to its intersection with Hunting Zone, which is that area of New the Hartford-Middlesex County line. Massachusetts York State lying east and north of a NAP H–Unit: That part of the State NAP Zone: Central and Coastal Zones continuous line extending along Route east of a line beginning at the (see duck zones). 11 from the New York-Canada Massachusetts border in Suffield and AP Zone: The Western Zone (see duck international boundary south to Route extending south along Route 159 to its zones). 9B, south along Route 9B to Route 9, intersection with I–91 in Hartford and Special Late Season Area: The Central south along Route 9 to Route 22 south then extending south along I–91 to State Zone and that portion of the Coastal of Keeseville, south along Route 22 to Street in New Haven; then south on Zone (see duck zones) that lies north of the west shore of South Bay along and State Street to Route 34, west on Route the Cape Cod Canal, north to the New around the shoreline of South Bay to 34 to Route 8, south along Route 8 to Hampshire State line. Route 22 on the east shore of South Bay, Route 110, south along Route 110 to southeast along Route 22 to Route 4, New Hampshire Route 15, north along Route 15 to the northeast along Route 4 to the New Milford Parkway, south along the Same zones as for ducks. York-Vermont boundary. Milford Parkway to I–95, north along I– New Jersey Northeast Goose Area: The same as 95 to the intersection with the east shore the Northeastern Waterfowl Hunting of the Quinnipiac River, south to the AP Zone: North and South Zones (see Zone, which is that area of New York mouth of the Quinnipiac River and then duck zones). State lying north of a continuous line south along the eastern shore of New NAP Zone: The Coastal Zone (see extending from Lake Ontario east along Haven Harbor to the Long Island Sound. duck zones). the north shore of the Salmon River to Atlantic Flyway Resident Population Special Late Season Area: In northern Interstate 81, south along Interstate 81 to (AFRP) Unit: Remainder of the State not New Jersey, that portion of the State Route 31, east along Route 31 to Route included in AP and NAP Units. within a continuous line that runs east 13, north along Route 13 to Route 49, South Zone: Same as for ducks. along the New York State boundary line east along Route 49 to Route 365, east to the Hudson River; then south along Maine along Route 365 to Route 28, east along the New York State boundary to its Route 28 to Route 29, east along Route North NAP–H Zone: Same as North intersection with Route 440 at Perth 29 to Route 22 at Greenwich Junction, Zone for ducks. Amboy; then west on Route 440 to its north along Route 22 to Washington Coastal NAP–L Zone: Same as Coastal intersection with Route 287; then west County Route 153, east along CR 153 to Zone for ducks. along Route 287 to its intersection with the New York-Vermont boundary, South NAP–H Zone: Same as South Route 206 in Bedminster (Exit 18); then exclusive of the Lake Champlain Zone. Zone for ducks. north along Route 206 to its intersection East Central Goose Area: That area of Maryland with Route 94; then west along Route 94 New York State lying inside of a to the toll bridge in Columbia; then continuous line extending from Early Canada and Cackling Goose north along the Pennsylvania State Interstate Route 81 in Cicero, east along Seasons boundary in the Delaware River to the Route 31 to Route 13, north along Route Eastern Unit: Calvert, Caroline, Cecil, beginning point. In southern New 13 to Route 49, east along Route 49 to Dorchester, Harford, Kent, Queen Jersey, that portion of the State within Route 365, east along Route 365 to Anne’s, St. Mary’s, Somerset, Talbot, a continuous line that runs west from Route 28, east along Route 28 to Route Wicomico, and Worcester Counties; and the Atlantic Ocean at Ship Bottom along 29, east along Route 29 to Route 147 at that part of Anne Arundel County east Route 72 to Route 70; then west along Kimball Corners, south along Route 147 of Interstate 895, Interstate 97, and Route 70 to Route 206; then south along to Schenectady County Route 40 (West Route 3; that part of Prince George’s Route 206 to Route 536; then west along Glenville Road), west along Route 40 to County east of Route 3 and Route 301; Route 536 to Route 322; then west along Touareuna Road, south along Touareuna and that part of Charles County east of Route 322 to Route 55; then south along Road to Schenectady County Route 59, Route 301 to the Virginia State line. Route 55 to Route 553 (Buck Road); then south along Route 59 to State Route 5, Western Unit: Allegany, Baltimore, south along Route 553 to Route 40; then east along Route 5 to the Lock 9 bridge, Carroll, Frederick, Garrett, Howard, east along Route 40 to route 55; then southwest along the Lock 9 bridge to Montgomery, and Washington Counties south along Route 55 to Route 552 Route 5S, southeast along Route 5S to and that part of Anne Arundel County (Sherman Avenue); then west along Schenectady County Route 58, west of Interstate 895, Interstate 97, and Route 552 to Carmel Road; then south southwest along Route 58 to the NYS Route 3; that part of Prince George’s along Carmel Road to Route 49; then Thruway, south along the Thruway to County west of Route 3 and Route 301; east along Route 49 to Route 555; then Route 7, southwest along Route 7 to and that part of Charles County west of south along Route 555 to Route 553; Schenectady County Route 103, south Route 301 to the Virginia State line. then east along Route 553 to Route 649; along Route 103 to Route 406, east along then north along Route 649 to Route Route 406 to Schenectady County Route Regular Seasons 670; then east along Route 670 to Route 99 (Windy Hill Road), south along Route Resident Population (RP) Zone: 47; then north along Route 47 to Route 99 to Dunnsville Road, south along Allegany, Frederick, Garrett, 548; then east along Route 548 to Route Dunnsville Road to Route 397, Montgomery, and Washington Counties; 49; then east along Route 49 to Route 50; southwest along Route 397 to Route 146 that portion of Prince George’s County then south along Route 50 to Route 9; at Altamont, west along Route 146 to

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Albany County Route 252, northwest Falls, east along Route 224 to Route 228 York-Pennsylvania boundary to the New along Route 252 to Schenectady County in Odessa, north along Route 228 to York-New Jersey boundary, southeast Route 131, north along Route 131 to Route 79 in Mecklenburg, east along along the New York-New Jersey Route 7, west along Route 7 to Route 10 Route 79 to Route 366 in Ithaca, boundary to Route 210 near Greenwood at Richmondville, south on Route 10 to northeast along Route 366 to Route 13, Lake, northeast along Route 210 to Route 23 at Stamford, west along Route northeast along Route 13 to Interstate Orange County Route 5, northeast along 23 to Route 7 in Oneonta, southwest Route 81 in Cortland, north along Route Orange County Route 5 to Route 105 in along Route 7 to Route 79 to Interstate 81 to the north shore of the Salmon the Village of Monroe, east and north Route 88 near Harpursville, west along River to shore of Lake Ontario, along Route 105 to Route 32, northeast Route 88 to Interstate Route 81, north extending generally northwest in a along Route 32 to Orange County Route along Route 81 to the point of straight line to the nearest point of the 107 (Quaker Avenue), east along Route beginning. international boundary with Canada, 107 to Route 9W, north along Route 9W West Central Goose Area: That area of south and west along the international to the south bank of Moodna Creek, New York State lying within a boundary to the point of beginning. southeast along the south bank of continuous line beginning at the point Hudson Valley Goose Area: That area Moodna Creek to the New Windsor- where the northerly extension of Route of New York State lying within a Cornwall town boundary, northeast 269 (County Line Road on the Niagara- continuous line extending from Route 4 along the New Windsor-Cornwall town Orleans County boundary) meets the at the New York-Vermont boundary, boundary to the Orange-Dutchess international boundary with Canada, west and south along Route 4 to Route County boundary (middle of the Hudson south to the shore of Lake Ontario at the 149 at Fort Ann, west on Route 149 to River), north along the county boundary eastern boundary of Golden Hill State Route 9, south along Route 9 to to Interstate Route 84, east along Route Park, south along the extension of Route Interstate Route 87 (at Exit 20 in Glens 84 to the Dutchess-Putnam County 269 and Route 269 to Route 104 at Falls), south along Route 87 to Route 29, boundary, east along the county Jeddo, west along Route 104 to Niagara west along Route 29 to Route 147 at boundary to the New York-Connecticut boundary, north along the New York- County Route 271, south along Route Kimball Corners, south along Route 147 Connecticut boundary to the New York- 271 to Route 31E at Middleport, south to Schenectady County Route 40 (West Massachusetts boundary, north along along Route 31E to Route 31, west along Glenville Road), west along Route 40 to the New York-Massachusetts boundary Route 31 to Griswold Street, south along Touareuna Road, south along Touareuna to the New York-Vermont boundary, Griswold Street to Ditch Road, south Road to Schenectady County Route 59, north to the point of beginning. along Ditch Road to Foot Road, south south along Route 59 to State Route 5, Eastern Long Island Goose Area (NAP along Foot Road to the north bank of east along Route 5 to the Lock 9 bridge, High Harvest Area): That area of Suffolk Tonawanda Creek, west along the north southwest along the Lock 9 bridge to County lying east of a continuous line bank of Tonawanda Creek to Route 93, Route 5S, southeast along Route 5S to extending due south from the New south along Route 93 to Route 5, east Schenectady County Route 58, York-Connecticut boundary to the along Route 5 to Crittenden-Murrays southwest along Route 58 to the NYS northernmost end of Roanoke Avenue in Corners Road, south on Crittenden- Thruway, south along the Thruway to the Town of Riverhead; then south on Murrays Corners Road to the NYS Route 7, southwest along Route 7 to Roanoke Avenue (which becomes Thruway, east along the Thruway 90 to Schenectady County Route 103, south County Route 73) to State Route 25; then Route 98 (at Thruway Exit 48) in along Route 103 to Route 406, east along west on Route 25 to Peconic Avenue; Batavia, south along Route 98 to Route Route 406 to Schenectady County Route then south on Peconic Avenue to 20, east along Route 20 to Route 19 in 99 (Windy Hill Road), south along Route County Route (CR) 104 (Riverleigh Pavilion Center, south along Route 19 to 99 to Dunnsville Road, south along Avenue); then south on CR 104 to CR 31 Route 63, southeast along Route 63 to Dunnsville Road to Route 397, (Old Riverhead Road); then south on CR Route 246, south along Route 246 to southwest along Route 397 to Route 146 31 to Oak Street; then south on Oak Route 39 in Perry, northeast along Route at Altamont, southeast along Route 146 Street to Potunk Lane; then west on 39 to Route 20A, northeast along Route to Main Street in Altamont, west along Stevens Lane; then south on Jessup 20A to Route 20, east along Route 20 to Main Street to Route 156, southeast Avenue (in Westhampton Beach) to Route 364 (near Canandaigua), south along Route 156 to Albany County Dune Road (CR 89); then due south to and east along Route 364 to Yates Route 307, southeast along Route 307 to international waters. County Route 18 (Italy Valley Road), Route 85A, southwest along Route 85A Western Long Island Goose Area (RP southwest along Route 18 to Yates to Route 85, south along Route 85 to Area): That area of Westchester County County Route 34, east along Route 34 to Route 443, southeast along Route 443 to and its tidal waters southeast of Yates County Route 32, south along Albany County Route 301 at Clarksville, Interstate Route 95 and that area of Route 32 to Steuben County Route 122, southeast along Route 301 to Route 32, Nassau and Suffolk Counties lying west south along Route 122 to Route 53, south along Route 32 to Route 23 at of a continuous line extending due south along Route 53 to Steuben County Cairo, west along Route 23 to Joseph south from the New York-Connecticut Route 74, east along Route 74 to Route Chadderdon Road, southeast along boundary to the northernmost end of 54A (near Pulteney), south along Route Joseph Chadderdon Road to Hearts Sound Road (just east of Wading River 54A to Steuben County Route 87, east Content Road (Greene County Route 31), Marsh); then south on Sound Road to along Route 87 to Steuben County Route southeast along Route 31 to Route 32, North Country Road; then west on North 96, east along Route 96 to Steuben south along Route 32 to Greene County Country Road to Randall Road; then County Route 114, east along Route 114 Route 23A, east along Route 23A to south on Randall Road to Route 25A, to Schuyler County Route 23, east and Interstate Route 87 (the NYS Thruway), then west on Route 25A to the Sunken southeast along Route 23 to Schuyler south along Route 87 to Route 28 (Exit Meadow State Parkway; then south on County Route 28, southeast along Route 19) near Kingston, northwest on Route the Sunken Meadow Parkway to the 28 to Route 409 at Watkins Glen, south 28 to Route 209, southwest on Route Sagtikos State Parkway; then south on along Route 409 to Route 14, south 209 to the New York-Pennsylvania the Sagtikos Parkway to the Robert along Route 14 to Route 224 at Montour boundary, southeast along the New Moses State Parkway; then south on the

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Robert Moses Parkway to its delineating the channel of the Santee along Illinois Route 3 to St. Leo’s Road, southernmost end; then due south to River. south along St. Leo’s Road to Modoc international waters. West of U.S. 301: That portion of Road, west along Modoc Road to Modoc Central Long Island Goose Area (NAP Clarendon County bounded on the Ferry Road, southwest along Modoc Low Harvest Area): That area of Suffolk North by S–14–26 extending southward Ferry Road to Levee Road, southeast County lying between the Western and to that portion of Orangeburg County along Levee Road to County Route 12 Eastern Long Island Goose Areas, as bordered by Hwy 6. (Modoc Ferry entrance Road), south defined above. Vermont along County Route 12 to the Modoc South Goose Area: The remainder of Ferry route and southwest on the Modoc New York State, excluding New York Same zones as for ducks. Ferry route across the Mississippi River City. Virginia to the Missouri border. South Zone: Same zone as for ducks. North Carolina AP Zone: The area east and south of South Central Zone: Same zone as for Northeast Zone: Includes the the following line—the Stafford County ducks. following counties or portions of line from the Potomac River west to Indiana counties: Bertie (that portion north and Interstate 95 at Fredericksburg, then east of a line formed by NC 45 at the south along Interstate 95 to Petersburg, Same zones as for ducks. then Route 460 (SE) to City of Suffolk, Washington County line to U.S. 17 in Iowa Midway, U.S. 17 in Midway to U.S. 13 then south along Route 32 to the North in Windsor, U.S. 13 in Windsor to the Carolina line. Same zones as for ducks. Hertford County line), Camden, SJBP Zone: The area to the west of the Louisiana AP Zone boundary and east of the Chowan, Currituck, Dare, Hyde, North Zone: That portion of the State Pasquotank, Perquimans, Tyrrell, and following line: The ‘‘Blue Ridge’’ (mountain spine) at the West Virginia- north of the line from the Texas border Washington. at State Hwy 190/12 east to State Hwy RP Zone: Remainder of the State. Virginia Border (Loudoun County- Clarke County line) south to Interstate 49, then south on State Hwy 49 to Pennsylvania 64 (the Blue Ridge line follows county Interstate 10, then east on Interstate 10 Resident Canada and Cackling Goose borders along the western edge of to Interstate 12, then east on Interstate Zone: All of Pennsylvania except for the Loudoun-Fauquier-Rappahannock- 12 to Interstate 10, then east on SJBP Zone and the area east of route SR Madison-Greene-Albemarle and into Interstate 10 to the Mississippi State 97 from the Maryland State Line to the Nelson Counties), then east along line. South Zone: Remainder of the State. intersection of SR 194, east of SR 194 to Interstate Route 64 to Route 15, then the intersection of U.S. Route 30, south south along Route 15 to the North Michigan Carolina line. of U.S. Route 30 to SR 441, east of SR North Zone: Same as North duck 441 to SR 743, east of SR 743 to RP Zone: The remainder of the State west of the SJBP Zone. zone. intersection of I–81, east of I–81 to Middle Zone: Same as Middle duck intersection of I–80, and south of I–80 Mississippi Flyway zone. to the New Jersey State line. South Zone: Same as South duck Arkansas SJBP Zone: The area north of I–80 and zone. west of I–79 including in the city of Erie Northwest Zone: Baxter, Benton, Allegan County Game Management west of Bay Front Parkway to and Boone, Carroll, Conway, Crawford, Unit (GMU): That area encompassed by including the Lake Erie Duck zone (Lake Faulkner, Franklin, Johnson, Logan, a line beginning at the junction of 136th Erie, Presque Isle, and the area within Madison, Marion, Newton, Perry, Pope, Avenue and Interstate Highway 196 in 150 yards of the Lake Erie shoreline). Pulaski, Searcy, Sebastian, Scott, Van Lake Town Township and extending AP Zone: The area east of route SR 97 Buren, Washington, and Yell Counties. easterly along 136th Avenue to from Maryland State Line to the Remainder of State: That portion of Michigan Highway 40, southerly along intersection of SR 194, east of SR 194 to the State outside of the Northwest Zone. Michigan 40 through the city of Allegan intersection of U.S. Route 30, south of Illinois to 108th Avenue in Trowbridge U.S. Route 30 to SR 441, east of SR 441 Township, westerly along 108th Avenue to SR 743, east of SR 743 to intersection North Zone: That portion of the State to 46th Street, northerly along 46th of I–81, east of I–81 to intersection of I– north of a line extending west from the Street to 109th Avenue, westerly along 80, south of I–80 to the New Jersey State Indiana border along Interstate 80 to I– 109th Avenue to I–196 in Casco line. 39, south along I–39 to Illinois Route 18, Township, then northerly along I–196 to west along Illinois Route 18 to Illinois Rhode Island the point of beginning. Route 29, south along Illinois Route 29 Muskegon Wastewater GMU: That Special Area for Canada and Cackling to Illinois Route 17, west along Illinois portion of Muskegon County within the Geese: Kent and Providence Counties Route 17 to the Mississippi River, and boundaries of the Muskegon County and portions of the towns of Exeter and due south across the Mississippi River wastewater system, east of the North Kingston within Washington to the Iowa border. Muskegon State Game Area, in sections County (see State regulations for Central Zone: That portion of the 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, and 32, detailed descriptions). State south of the North Goose Zone line T10N R14W, and sections 1, 2, 10, 11, to a line extending west from the South Carolina 12, 13, 14, 24, and 25, T10N R15W, as Indiana border along I-70 to Illinois posted. Canada and Cackling Goose Area: Route 4, south along Illinois Route 4 to Statewide except for the following area: Illinois Route 161, west along Illinois Minnesota East of U.S. 301: That portion of Route 161 to Illinois Route 158, south Same zones as for ducks. Clarendon County bounded to the North and west along Illinois Route 158 to by S–14–25, to the East by Hwy 260, Illinois Route 159, south along Illinois Missouri and to the South by the markers Route 159 to Illinois Route 3, south Same zones as for ducks.

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Ohio South Dakota border to U.S. Hwy 83. North Dakota Same zones as for ducks. Where the Niobrara River forms the Missouri River Canada and Cackling boundary, both banks of the river are Goose Zone: The area within and Tennessee included in the Niobrara Unit. bounded by a line starting where ND Reelfoot Zone: The lands and waters Platte River Unit: The area bounded Hwy 6 crosses the South Dakota border; within the boundaries of Reelfoot Lake starting at the northernmost intersection then north on ND Hwy 6 to I–94; then WMA only. of the Interstate Canal at the Nebraska- west on I–94 to ND Hwy 49; then north Remainder of State: The remainder of Wyoming border, south along the on ND Hwy 49 to ND Hwy 200; then the State. Nebraska-Wyoming border to the west on ND Hwy 200; then north on ND Nebraska-Colorado border, east and Wisconsin Hwy 8 to the Mercer/McLean County south along the Nebraska-Colorado line; then east following the county line North and South Zones: Same zones border to the Nebraska-Kansas border, until it turns south toward Garrison as for ducks. east along the Nebraska-Kansas border Dam; then east along a line (including Mississippi River Zone: That area to the Nebraska-Missouri border, north Mallard Island) of Lake Sakakawea to encompassed by a line beginning at the along the Nebraska-Missouri and U.S. Hwy 83; then south on U.S. Hwy intersection of the Burlington Northern Nebraska-Iowa borders to the Burt- 83 to ND Hwy 200; then east on ND & Santa Fe Railway and the Illinois Washington County line, west along the Hwy 200 to ND Hwy 41; then south on State line in Grant County and Burt-Washington County line to U.S. ND Hwy 41 to U.S. Hwy 83; then south extending northerly along the Hwy 75, south to Dodge County Road 4/ on U.S. Hwy 83 to I–94; then east on I– Burlington Northern & Santa Fe Railway Washington County Road 4, west to U.S. 94 to U.S. Hwy 83; then south on U.S. to the city limit of Prescott in Pierce Hwy 77, south to U.S. Hwy 275, Hwy 83 to the South Dakota border; northwest to U.S. Hwy 91, west to NE County, then west along the Prescott then west along the South Dakota border Hwy 45, north to NE Hwy 32, west to city limit to the Minnesota State line. to ND Hwy 6. NE Hwy 14, north to NE Hwy 70, west Central Flyway Western North Dakota Canada and to U.S. Hwy 281, south to NE Hwy 70, Cackling Goose Zone: Same as the High Colorado (Central Flyway Portion) west along NE Hwy 70/91 to NE Hwy Plains Unit for ducks, mergansers and 11, north to the Holt County Line, west Northern Front Range Area: All areas coots, excluding the Missouri River along the northern border of Garfield, Canada Goose Zone. in Boulder, Larimer, and Weld Counties Loup, Blaine, and Thomas Counties to from the Continental Divide east along Rest of State: Remainder of North the Hooker County Line, south along the Dakota. the Wyoming border to U.S. 85, south Thomas-Hooker County Lines to the on U.S. 85 to the Adams County line, McPherson County Line, east along the South Dakota and all lands in Adams, Arapahoe, south border of Thomas County to the Broomfield, Clear Creek, Denver, Early Canada and Cackling Goose Custer County Line, south along the Seasons Douglas, Gilpin, and Jefferson Counties. Custer-Logan County lines to NE Hwy North Park Area: Jackson County. 92, west to U.S. Hwy 83, north to NE Special Early Canada and Cackling South Park Area: Chaffee, Custer, Hwy 92, west to NE Hwy 61, north to Goose Unit: The Counties of Campbell, Fremont, Lake, Park, and Teller NE Hwy 2, west along NE Hwy 2 to the Clark, Codington, Day, Deuel, Grant, Counties. corner formed by Garden, Grant and Hamlin, Marshall, Roberts, Walworth; San Luis Valley Area: All of Alamosa, Sheridan Counties, west along the north that portion of Perkins County west of Conejos, Costilla, and Rio Grande borders of Garden, Morrill, and Scotts State Highway 75 and south of State Counties, and those portions of Bluff Counties to the intersection with Highway 20; that portion of Dewey Saguache, Mineral, Hinsdale, Archuleta, the Interstate Canal, north and west County north of Bureau of Indian Affairs and San Juan Counties east of the along the Interstate Canal to the Road 8, Bureau of Indian Affairs Road Continental Divide. intersection with the Nebraska- 9, and the section of U.S. Highway 212 Remainder: Remainder of the Central Wyoming border. east of the Bureau of Indian Affairs Road Flyway portion of Colorado. North-Central Unit: Those portions of 8 junction; that portion of Potter County Eastern Colorado Late Light Goose the State not in the Niobrara and Platte east of U.S. Highway 83; that portion of Area: That portion of the State east of River zones. Sully County east of U.S. Highway 83; Interstate Highway 25. portions of Hyde, Buffalo, Brule, and Light Geese Montana (Central Flyway Portion) Charles Mix Counties north and east of Rainwater Basin Light Goose Area: a line beginning at the Hughes-Hyde Zone 1: Same as Zone 1 for ducks and The area bounded by the junction of NE County line on State Highway 34, east coots. Hwy 92 and NE Hwy 15, south along NE to Lees Boulevard, southeast to State Zone 2: Same as Zone 2 for ducks and Hwy 15 to NE Hwy 4, west along NE Highway 34, east 7 miles to 350th coots. Hwy 4 to U.S. Hwy 34, west along U.S. Avenue, south to Interstate 90 on 350th Nebraska Hwy 34 to U.S. Hwy 283, north along Avenue, south and east on State U.S. Hwy 283 to U.S. Hwy 30, east along Highway 50 to Geddes, east on 285th Dark Geese U.S. Hwy 30 to NE Hwy 92, east along Street to U.S. Highway 281, and north Niobrara Unit: That area contained NE Hwy 92 to the beginning. on U.S. Highway 281 to the Charles within and bounded by the intersection Remainder of State: The remainder of Mix-Douglas County boundary; that of the Nebraska-South Dakota border Nebraska. portion of Bon Homme County north of and U.S Hwy 83, south to U.S. Hwy 20, New Mexico (Central Flyway Portion) State Highway 50; those portions of east to NE Hwy 14, north along NE Hwy Yankton and Clay Counties north of a 14 to NE Hwy 59 and County Road 872, Dark Geese line beginning at the junction of State west along County Road 872 to the Knox Middle Rio Grande Valley Unit: Highway 50 and 306th Street/County County Line, north along the Knox Sierra, Socorro, and Valencia Counties. Highway 585 in Bon Homme County, County Line to the Nebraska-South Remainder: The remainder of the east to U.S. Highway 81, then north on Dakota border, west along the Nebraska- Central Flyway portion of New Mexico. U.S. Highway 81 to 303rd Street, then

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east on 303rd Street to 444th Avenue, Wyoming (Central Flyway Portion) Highway 111/Great Northern Road to then south on 444th Avenue to 305th Dark Geese Highway 120/Highway 124; west on Street, then east on 305th Street/Bluff Highway 120/Highway 124 to Hill Road; Road to State Highway 19, then south to Zone G1: Big Horn, Converse, Hot south on Hill Road until Lairds Camp State Highway 50 and east to the Clay/ Springs, Natrona, Park, and Washakie Road; west on Lairds Camp Road until Counties. Union County Line; Aurora, Beadle, Willow Creek; west and south on Zone G1A: Goshen and Platte Willow Creek to Red Rock Road; west Brookings, Brown, Butte, Corson, Counties. Davison, Douglas, Edmunds, Faulk, on Red Rock Road until Meiss Lake Zone G2: Campbell, Crook, Johnson, Road/Old State Highway; north on Haakon, Hand, Hanson, Harding, Niobrara, Sheridan, and Weston Hutchinson, Jackson, Jerauld, Jones, Meiss Lake Road/Old State Highway to Counties. Highway 97; north on Highway 97 to the Kingsbury, Lake, McCook, McPherson, Zone G3: Albany and Laramie point of origin. Meade, Mellette, Miner, Moody, Oglala Counties; and that portion of Carbon Colorado River Zone: Those portions Lakota (formerly Shannon), Sanborn, County east of the Continental Divide. of San Bernardino, Riverside, and Zone G4: Fremont County excluding Spink, Todd, Turner, and Ziebach Imperial Counties east of a line from the those portions south or west of the Counties; and those portions of intersection of Highway 95 with the Continental Divide. Minnehaha and Lincoln Counties California-Nevada State line; south on outside of an area bounded by a line Pacific Flyway Highway 95 through the junction with beginning at the junction of the South Arizona Highway 40; south on Highway 95 to Dakota-Minnesota State line and Vidal Junction; south through the town Minnehaha County Highway 122 (254th Same zones as for ducks. of Rice to the San Bernardino-Riverside Street) west to its junction with California County line on a road known as Minnehaha County Highway 149 (464th ‘‘Aqueduct Road’’ also known as Avenue), south on Minnehaha County Northeastern Zone: That portion of Highway 62 in San Bernardino County; Highway 149 (464th Avenue) to California lying east and north of a line southwest on Highway 62 to Desert Hartford, then south on Minnehaha beginning at the intersection of Center Rice Road; south on Desert Interstate 5 with the California-Oregon County Highway 151 (463rd Avenue) to Center Rice Road/Highway 177 to the line; south along Interstate 5 to its State Highway 42, east on State town of Desert Center; east 31 miles on junction with Walters Lane south of the Highway 42 to State Highway 17, south Interstate 10 to its intersection with town of Yreka; west along Walters Lane on State Highway 17 to its junction with Wiley Well Road; south on Wiley Well to its junction with Easy Street; south Lincoln County Highway 116 (Klondike Road to Wiley Well; southeast on along Easy Street to the junction with Milpitas Wash Road to the Blythe, Road), and east on Lincoln County Old Highway 99; south along Old Highway 116 (Klondike Road) to the Brawley, Davis Lake intersections; south Highway 99 to the point of intersection on Blythe Ogilby Road also known as South Dakota-Iowa State line, then with Interstate 5 north of the town of north along the South Dakota-Iowa and County Highway 34 to its intersection Weed; south along Interstate 5 to its with Ogilby Road; south on Ogilby Road South Dakota-Minnesota border to the junction with Highway 89; east and junction of the South Dakota-Minnesota to its intersection with Interstate 8; east south along Highway 89 to main street 7 miles on Interstate 8 to its intersection State line and Minnehaha County Greenville; north and east to its junction Highway 122 (254th Street). with the Andrade-Algodones Road/ with North Valley Road; south to its Highway 186; south on Highway 186 to Regular Seasons junction of Diamond Mountain Road; its intersection with the U.S.-Mexico north and east to its junction with North border at Los Algodones, Mexico. Unit 1: Same as that for the Special Arm Road; south and west to the Southern Zone: That portion of Early Canada and Cackling Goose Unit. junction of North Valley Road; south to southern California (but excluding the Unit 2: All of South Dakota not the junction with Arlington Road (A22); Colorado River zone) south and east of included in Unit 1 and Unit 3. west to the junction of Highway 89; a line beginning at the mouth of the south and west to the junction of Santa Maria River at the Pacific Ocean; Unit 3: Bennett County. Highway 70; east on Highway 70 to east along the Santa Maria River to Texas Highway 395; south and east on where it crosses Highway 101–166 near Highway 395 to the point of intersection the City of Santa Maria; north on Northeast Goose Zone: That portion of with the California-Nevada State line; Highway 101–166; east on Highway 166 Texas lying east and north of a line north along the California-Nevada State to the junction with Highway 99; south beginning at the Texas-Oklahoma border line to the junction of the California- on Highway 99 to the junction of at U.S. 81, then continuing south to Nevada-Oregon State lines west along Interstate 5; south on Interstate 5 to the Bowie and then southeasterly along U.S. the California-Oregon State line to the crest of the Tehachapi Mountains at 81 and U.S. 287 to I–35W and I–35 to point of origin. Tejon Pass; east and north along the the juncture with I–10 in San Antonio, Klamath Basin Special Management crest of the Tehachapi Mountains to then east on I–10 to the Texas-Louisiana Area: Beginning at the intersection of where it intersects Highway 178 at border. Highway 161 and Highway 97; east on Walker Pass; east on Highway 178 to the Highway 161 to Hill Road; south on Hill junction of Highway 395 at the town of Southeast Goose Zone: That portion Road to N Dike Road West Side; east on Inyokern; south on Highway 395 to the of Texas lying east and south of a line N Dike Road West Side until the junction of Highway 58; east on beginning at the International Toll junction of the Lost River; north on N Highway 58 to the junction of Interstate Bridge at Laredo, then continuing north Dike Road West Side until the Volcanic 15; east on Interstate 15 to the junction following I–35 to the juncture with I–10 Legacy Scenic Byway; east on Volcanic with Highway 127; north on Highway in San Antonio, then easterly along I– Legacy Scenic Byway until N Dike Road 127 to the point of intersection with the 10 to the Texas-Louisiana border. East Side; south on the N Dike Road California-Nevada State line. West Goose Zone: The remainder of East Side; continue east on N Dike Road Imperial County Special Management the State. East Side to Highway 111; south on Area: The area bounded by a line

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beginning at Highway 86 and the Navy drainage; and Caribou County, except the Blackfoot Reservoir drainage; and Test Base Road; south on Highway 86 to that portion within the Fort Hall Indian Caribou County except within the Fort the town of Westmoreland; continue Reservation. Hall Indian Reservation. through the town of Westmoreland to Zone 5: Valley County. Zone 6: Valley County. Route S26; east on Route S26 to White-Fronted Geese Nevada Highway 115; north on Highway 115 to Weist Road; north on Weist Road to Zone 1: All lands and waters within Same zones as for ducks. the Fort Hall Indian Reservation, Flowing Wells Road; northeast on New Mexico (Pacific Flyway Portion) Flowing Wells Road to the Coachella including private in-holdings; Bannock Canal; northwest on the Coachella Canal County; Bingham County except that North Zone: The Pacific Flyway to Drop 18; a straight line from Drop 18 portion within the Blackfoot Reservoir portion of New Mexico located north of to Frink Road; south on Frink Road to drainage; Caribou County within the I–40. Highway 111; north on Highway 111 to Fort Hall Indian Reservation; and Power South Zone: The Pacific Flyway Niland Marina Road; southwest on County east of State Highway 37 and portion of New Mexico located south of Niland Marina Road to the old Imperial State Highway 39. I–40. County boat ramp and the water line of Zone 2: Bear Lake, Bonneville, Butte, Oregon the Salton Sea; from the water line of Clark, Fremont, Jefferson, Madison, and the Salton Sea, a straight line across the Teton Counties; Bingham County within Northwest Permit Zone: Benton, Salton Sea to the Salinity Control the Blackfoot Reservoir drainage; and Clackamas, Clatsop, Columbia, Lane, Research Facility and the Navy Test Caribou County except within the Fort Lincoln, Linn, Marion, Multnomah, Base Road; southwest on the Navy Test Hall Indian Reservation. Polk, Tillamook, Washington, and Base Road to the point of beginning. Zone 3: Adams, Benewah, Blaine, Yamhill Counties. Balance of State Zone: The remainder Bonner, Boundary, Camas, Clearwater, Tillamook County Management Area: of California not included in the Custer, Franklin, Idaho, Kootenai, Latah, That portion of Tillamook County Northeastern, Colorado River, and Lemhi, Lewis, Nez Perce, Oneida, and beginning at the point where Old Woods Southern Zones. Shoshone Counties; and Power County Road crosses the south shores of Horn North Coast Special Management west of State Highway 37 and State Creek, north on Old Woods Road to Area: Del Norte and Humboldt Highway 39. Sand Lake Road at Woods, north on Counties. Zone 4: Ada, Boise, Canyon, Cassia, Sand Lake Road to the intersection with Sacramento Valley Special Elmore, Gem, Gooding, Jerome, Lincoln, McPhillips Drive, due west (∼200 yards) Management Area: That area bounded Minidoka, Owyhee, Payette, Twin Falls, from the intersection to the Pacific by a line beginning at Willows south on and Washington Counties. coastline, south along the Pacific I–5 to Hahn Road; easterly on Hahn Zone 5: Valley County. coastline to a point due west of the Road and the Grimes-Arbuckle Road to western end of Pacific Avenue in Pacific Grimes; northerly on CA 45 to the Light Geese City, east from this point (∼250 yards) to junction with CA 162; northerly on CA Zone 1: All lands and waters within Pacific Avenue, east on Pacific Avenue 45/162 to Glenn; and westerly on CA the Fort Hall Indian Reservation, to Brooten Road, south and then east on 162 to the point of beginning in including private in-holdings; Bannock Brooten Road to Highway 101, north on Willows. County; Bingham County east of the Highway 101 to Resort Drive, north on west bank of the Snake River, west of Resort Drive to a point due west of the Colorado (Pacific Flyway Portion) the McTucker boat ramp access road, south shores of Horn Creek at its Same zones as for ducks. and east of the American Falls Reservoir confluence with the Nestucca River, due ∼ Idaho bluff, except that portion within the east ( 80 yards) across the Nestucca Blackfoot Reservoir drainage; Caribou River to the south shores of Horn Creek, Canada and Cackling Geese and Brant County within the Fort Hall Indian east along the south shores of Horn Zone 1: All lands and waters within Reservation; and Power County below Creek to the point of beginning. the Fort Hall Indian Reservation, the American Falls Reservoir bluff, and Southwest Zone: Those portions of including private in-holdings; Bannock within the Fort Hall Indian Reservation. Douglas, Coos, and Curry Counties east County; Bingham County, except that Zone 2: Franklin and Oneida of Highway 101, and Josephine and portion within the Blackfoot Reservoir Counties; Bingham County west of the Jackson Counties. drainage; Caribou County within the west bank of the Snake River, east of the South Coast Zone: Those portions of Fort Hall Indian Reservation; and Power McTucker boat ramp access road, and Douglas, Coos, and Curry Counties west County east of State Highway 37 and west of the American Falls Reservoir of Highway 101. State Highway 39. bluff; Power County, except below the Eastern Zone: Baker, Crook, Zone 2: Bonneville, Butte, Clark, American Falls Reservoir bluff and Deschutes, Grant, Harney, Jefferson, Fremont, Jefferson, Madison, and Teton those lands and waters within the Fort Klamath, Lake, Malheur, Union, Counties. Hall Indian Reservation. Wallowa, and Wheeler Counties. Zone 3: Ada, Adams, Benewah, Zone 3: Ada, Boise, Canyon, Cassia, Mid-Columbia Zone: Gilliam, Hood Blaine, Boise, Bonner, Boundary, Elmore, Gem, Gooding, Jerome, Lincoln, River, Morrow, Sherman, Umatilla, and Camas, Canyon, Cassia, Clearwater, Minidoka, Owyhee, Payette, Twin Falls, Wasco Counties. Custer, Elmore, Franklin, Gem, Gooding, and Washington Counties. Utah Idaho, Jerome, Kootenai, Latah, Lemhi, Zone 4: Adams, Benewah, Blaine, Lewis, Lincoln, Minidoka, Nez Perce, Bonner, Boundary, Camas, Clearwater, East Box Elder County Zone: Oneida, Owyhee, Payette, Shoshone, Custer, Idaho, Kootenai, Latah, Lemhi, Boundary begins at the intersection of Twin Falls, and Washington Counties; Lewis, Nez Perce, and Shoshone the eastern boundary of Public Shooting and Power County west of State Counties. Grounds Waterfowl Management Area Highway 37 and State Highway 39. Zone 5: Bear Lake, Bonneville, Butte, and SR–83 (Promontory Road); east Zone 4: Bear Lake County; Bingham Clark, Fremont, Jefferson, Madison, and along SR–83 to I–15; south on I–15 to County within the Blackfoot Reservoir Teton Counties; Bingham County within the Perry access road; southwest along

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this road to the Bear River Bird Refuge Area 5: All areas east of the Pacific Doves boundary; west, north, and then east Crest Trail and east of the Big White Alabama along the refuge boundary until it Salmon River that are not included in intersects the Public Shooting Grounds Area 4. South Zone: Baldwin, Coffee, Waterfowl Management Area boundary; Covington, Dale, Escambia, Geneva, Brant east and north along the Public Shooting Henry, Houston, and Mobile Counties. Grounds Waterfowl Management Area Pacific Flyway North Zone: Remainder of the State. boundary to SR–83. California Florida Wasatch Front Zone: Boundary begins at the Weber-Box Elder County line at Northern Zone: Del Norte, Humboldt, Northwest Zone: The Counties of Bay, I–15; east along Weber County line to and Mendocino Counties. Calhoun, Escambia, Franklin, Gadsden, U.S.–89; south on U.S.–89 to I–84; east Balance of State Zone: The remainder Gulf, Holmes, Jackson, Liberty, and south on I–84 to I–80; south on I– of the State not included in the Okaloosa, Santa Rosa, Walton, 80 to U.S.–189; south and west on U.S.– Northern Zone. Washington, Leon (except that portion north of U.S. 27 and east of State Road 189 to the Utah County line; southeast Washington and then west along this line to the 155), Jefferson (south of U.S. 27, west of Tooele County line; north along the Puget Sound Zone: Clallam, Skagit, State Road 59 and north of U.S. 98), and Tooele County line to I–80; east on I– and Whatcom Counties. Wakulla (except that portion south of 80 to Exit 99; north from Exit 99 along Coastal Zone: Pacific County. U.S. 98 and east of the St. Marks River). a direct line to the southern tip of South Zone: The remainder of the Swans Promontory Point and Promontory State. Road; east and north along this road to Central Flyway Louisiana the causeway separating Bear River Bay South Dakota from Ogden Bay; east on this causeway North Zone: That portion of the State to the southwest corner of Great Salt Open Area: Aurora, Beadle, north of a line extending east from the Lake Mineral Corporations (GSLMC) Brookings, Brown, Brule, Buffalo, Texas border along State Highway 12 to west impoundment; north and east Campbell, Clark, Codington, Davison, U.S. Highway 190, east along U.S. along GSLMC’s west impoundment to Day, Deuel, Edmunds, Faulk, Grant, Highway 190 to Interstate Highway 12, the northwest corner of the Hamlin, Hand, Hanson, Hughes, Hyde, east along Interstate Highway 12 to impoundment; north from this point Jerauld, Kingsbury, Lake, Marshall, Interstate Highway 10, then east along along a direct line to the southern McCook, McPherson, Miner, Interstate Highway 10 to the Mississippi boundary of Bear River Migratory Bird Minnehaha, Moody, Potter, Roberts, border. South Zone: The remainder of the Refuge; east along this southern Sanborn, Spink, Sully, and Walworth State. boundary to the Perry access road; Counties. northeast along this road to I–15; south Pacific Flyway Mississippi along I–15 to the Weber-Box Elder Idaho North Zone: That portion of the State County line. north and west of a line extending west Southern Zone: Boundary includes Open Area: Benewah, Bonner, from the Alabama State line along U.S. Beaver, Carbon, Emery, Garfield, Grand, Boundary, and Kootenai Counties. Highway 84 to its junction with State Iron, Juab, Kane, Millard, Piute, San Montana (Pacific Flyway Portion) Highway 35, then south along State Juan, Sanpete, Sevier, Washington, and Highway 35 to the Louisiana State line. Wayne Counties, and that part of Tooele Open Area: Cascade, Chouteau, Hill, South Zone: The remainder of County south of I–80. Liberty, and Toole Counties and those Mississippi. Northern Zone: The remainder of portions of Pondera and Teton Counties Utah not included in the East Box Elder lying east of U.S. 287–89. Oregon County, Wasatch Front, and Southern Nevada Zone 1: Benton, Clackamas, Clatsop, Zones. Columbia, Coos, Curry, Douglas, Washington Open Area: Churchill, Lyon, and Gilliam, Hood River, Jackson, Josephine, Pershing Counties. Lane, Lincoln, Linn, Marion, Morrow, Area 1: Skagit and Whatcom Utah Multnomah, Polk, Sherman, Tillamook, Counties, and that portion of Umatilla, Wasco, Washington, and Snohomish County west of Interstate 5. Open Area: Those portions of Box Yamhill Counties. Area 2 Inland (Southwest Permit Elder, Weber, Davis, Salt Lake, and Zone 2: The remainder of Oregon not Zone): Clark, Cowlitz, and Wahkiakum Toole Counties lying west of I–15, north included in Zone 1. Counties, and that portion of Grays of I–80, and south of a line beginning Harbor County east of Highway 101. from the Forest Street exit to the Bear Texas Area 2 Coastal (Southwest Permit River National Wildlife Refuge North Zone: That portion of the State Zone): Pacific County and that portion boundary; then north and west along the north of a line beginning at the of Grays Harbor County west of Bear River National Wildlife Refuge International Bridge south of Fort Highway 101. boundary to the farthest west boundary Hancock; north along FM 1088 to TX 20; Area 3: All areas west of the Pacific of the Refuge; then west along a line to west along TX 20 to TX 148; north along Crest Trail and west of the Big White Promontory Road; then north on TX 148 to I–10 at Fort Hancock; east Salmon River that are not included in Promontory Road to the intersection of along I–10 to I–20; northeast along I–20 Areas 1, 2 Coastal, and 2 Inland. SR 83; then north on SR 83 to I–84; then to I–30 at Fort Worth; northeast along I– Area 4: Adams, Benton, Chelan, north and west on I–84 to State Hwy 30; 30 to the Texas-Arkansas State line. Douglas, Franklin, Grant, Kittitas, then west on State Hwy 30 to the Central Zone: That portion of the Lincoln, Okanogan, Spokane, and Walla Nevada-Utah State line; then south on State lying between the North and South Walla Counties. the Nevada-Utah State line to I–80. Zones.

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South Zone: That portion of the State U.S. Highway 2 to State Trunk Highway Special Season Open Areas south and west of a line beginning at the (STH) 32, north along STH 32 to STH Middle Rio Grande Valley Area: The International Bridge south of Del Rio, 92, east along STH 92 to County State Central Flyway portion of New Mexico proceeding east on U.S. 90 to State Loop Aid Highway (CSAH) 2 in Polk County, in Socorro and Valencia Counties. 1604 west of San Antonio; then south, north along CSAH 2 to CSAH 27 in Estancia Valley Area: Those portions east, and north along Loop 1604 to I–10 Pennington County, north along CSAH of Santa Fe, Torrance, and Bernallilo east of San Antonio; then east on I–10 27 to STH 1, east along STH 1 to CSAH Counties within an area bounded on the to Orange, Texas. 28 in Pennington County, north along west by New Mexico Highway 55 Special White-winged Dove Area: CSAH 28 to CSAH 54 in Marshall beginning at Mountainair north to NM Same as the South Zone. County, north along CSAH 54 to CSAH 337, north to NM 14, north to I–25; on 9 in Roseau County, north along CSAH New Mexico the north by I–25 east to U.S. 285; on 9 to STH 11, west along STH 11 to STH the east by U.S. 285 south to U.S. 60; North Zone: That portion of the State 310, and north along STH 310 to the and on the south by U.S. 60 from U.S. north of a line following I–40 from the Manitoba border. 285 west to NM 55 in Mountainair. Arizona border east to U.S. Hwy 54 at Tennessee Southwest Zone: Area bounded on the Tucumcari and U.S. Hwy 54 at south by the New Mexico-Mexico Tucumcari east to the Texas border. Southeast Crane Zone: That portion of border; on the west by the New Mexico- South Zone: The remainder of the the State south of Interstate 40 and east Arizona border north to Interstate 10; on State not included in the North Zone. of State Highway 56. the north by Interstate 10 east to U.S. Band-Tailed Pigeons Remainder of State: That portion of 180, north to NM 26, east to NM 27, Tennessee outside of the Southeast north to NM 152, and east to Interstate California Crane Zone. 25; on the east by Interstate 25 south to Interstate 10, west to the Luna County North Zone: Alpine, Butte, Del Norte, Central Flyway Glenn, Humboldt, Lassen, Mendocino, line, and south to the New Mexico- Modoc, Plumas, Shasta, Sierra, Colorado Mexico border. Siskiyou, Tehama, and Trinity Counties. Open Area: The Central Flyway North Dakota South Zone: The remainder of the portion of the State except the San Luis State not included in the North Zone. Area 1: That portion of the State west Valley (Alamosa, Conejos, Costilla, of U.S. 281. New Mexico Hinsdale, Mineral, Rio Grande, and Area 2: That portion of the State east Saguache Counties east of the North Zone: That portion of the State of U.S. 281. Continental Divide) and North Park north and east of a line following U.S. (Jackson County). Oklahoma 60 from the Arizona border east to I–25 Open Area: That portion of the State at Socorro and I–25 at Socorro south to Kansas west of I–35. the Texas border. South Zone: The remainder of the Central Zone: That portion of the South Dakota State not included in the North Zone. State within an area bounded by a line beginning where I–35 crosses the Open Area: That portion of the State Washington Kansas-Oklahoma border, then north on lying west of a line beginning at the South Dakota-North Dakota border and Western Washington: The State of I–35 to Wichita, then north on I–135 to Salina, then north on U.S. 81 to the State Highway 25, south on State Washington excluding those portions Highway 25 to its junction with State lying east of the Pacific Crest Trail and Nebraska border, then west along the Kansas/Nebraska border to its Highway 34, east on State Highway 34 east of the Big White Salmon River in to its junction with U.S. Highway 81, Klickitat County. intersection with Hwy 283, then south on Hwy 283 to the intersection with then south on U.S. Highway 81 to the American Woodcock Hwy 18/24, then east along Hwy 18 to South Dakota-Nebraska border. New Jersey Hwy 183, then south on Hwy 183 to Texas Route 1, then south on Route 1 to the Zone A: That portion of Texas lying North Zone: That portion of the State Oklahoma border, then east along the west of a line beginning at the north of NJ 70. Kansas/Oklahoma border to where it international toll bridge at Laredo, then South Zone: The remainder of the crosses I–35. State. northeast along U.S. Highway 81 to its West Zone: That portion of the State junction with Interstate Highway 35 in Sandhill Cranes west of the western boundary of the Laredo, then north along Interstate Central Zone. Mississippi Flyway Highway 35 to its junction with Montana Interstate Highway 10 in San Antonio, Alabama then northwest along Interstate Highway Open Area: That area north of Regular Season Open Area: The 10 to its junction with U.S. Highway 83 Interstate 20 from the Georgia State line Central Flyway portion of the State at Junction, then north along U.S. to the interchange with Interstate 65, except for that area south and west of Highway 83 to its junction with U.S. then east of Interstate 65 to the Interstate 90, which is closed to sandhill Highway 62, 16 miles north of interchange with Interstate 22, then crane hunting. Childress, then east along U.S. Highway north of Interstate 22 to the Mississippi Special Season Open Area: Carbon 62 to the Texas-Oklahoma State line. State line. County. Zone B: That portion of Texas lying New Mexico within boundaries beginning at the Minnesota junction of U.S. Highway 81 and the Northwest Zone: That portion of the Regular-Season Open Area: Chaves, Texas-Oklahoma State line, then State encompassed by a line extending Curry, De Baca, Eddy, Lea, Quay, and southeast along U.S. Highway 81 to its east from the North Dakota border along Roosevelt Counties. junction with U.S. Highway 287 in

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Montague County, then southeast along Channel, then south and east along the Zone 3: Beginning on I–10 at the New U.S. Highway 287 to its junction with Lavaca Bay Ship Channel to the Gulf of Mexico State line; westerly on I–10 to Interstate Highway 35W in Fort Worth, Mexico, and then south and west along the Bowie-Apache Pass Road; southerly then southwest along Interstate the shore of the Gulf of Mexico to the on the Bowie-Apache Pass Road to AZ Highway 35 to its junction with Kleberg-Nueces County line. Hwy 186; southeast on AZ Hwy 186 to Interstate Highway 10 in San Antonio, Wyoming AZ Hwy 181; south on AZ Hwy 181 to then northwest along Interstate Highway the West Turkey Creek-Kuykendall 10 to its junction with U.S. Highway 83 Area 7: Campbell, Converse, Crook, cutoff road; southerly on the Kuykendall in the town of Junction, then north Goshen, Laramie, Niobrara, Platte, and cutoff road to Rucker Canyon Road; along U.S. Highway 83 to its junction Weston Counties. easterly on the Rucker Canyon Road to with U.S. Highway 62, 16 miles north of Area 4: All lands within the Bureau Tex Canyon Road; southerly on Tex Childress, then east along U.S. Highway of Reclamation’s Riverton and Boysen Canyon Road to U.S. Hwy 80; northeast 62 to the Texas-Oklahoma State line, Unit boundaries; those lands within on U.S. Hwy 80 to the New Mexico then south along the Texas-Oklahoma Boysen State Park south of Cottonwood State line; north along the State line to State line to the south bank of the Red Creek, west of Boysen Reservoir, and I–10. River, then eastward along the south of U.S. Highway 20–26; and all vegetation line on the south bank of the non-Indian owned fee title lands within Idaho Red River to U.S. Highway 81. the exterior boundaries of the Wind Area 1: All of Bear Lake County and Zone C: The remainder of the State, River Reservation, excluding those all of Caribou County except that except for the closed areas. lands within Hot Springs County. portion lying within the Grays Lake Closed areas: Area 6: Big Horn, Hot Springs, Park, Basin. A. That portion of the State lying east and Washakie Counties. Area 2: All of Teton County except and north of a line beginning at the Area 8: Johnson, Natrona, and that portion lying west of State Highway junction of U.S. Highway 81 and the Sheridan Counties. 33 and south of Packsaddle Road (West Texas-Oklahoma State line, then Pacific Flyway 400 North) and north of the North southeast along U.S. Highway 81 to its Cedron Road (West 600 South) and east Arizona junction with U.S. Highway 287 in of the west bank of the Teton River. Montague County, then southeast along Zone 1: Beginning at the junction of Area 3: All of Fremont County except U.S. Highway 287 to its junction with I– the New Mexico State line and U.S. the Chester Wetlands Wildlife 35W in Fort Worth, then southwest Hwy 80; south along the State line to the Management Area. along I–35 to its junction with U.S. U.S.-Mexico border; west along the Area 4: All of Jefferson County. Highway 290 East in Austin, then east border to the San Pedro River; north Area 5: All of Bannock County east of along U.S. Highway 290 to its junction along the San Pedro River to the Interstate 15 and south of U.S. Highway with Interstate Loop 610 in Harris junction with Arizona Hwy 77; 30; and all of Franklin County. County, then south and east along northerly along Arizona Hwy 77 to the Area 6: That portion of Oneida Interstate Loop 610 to its junction with Gila River; northeast along the Gila County within the boundary beginning Interstate Highway 45 in Houston, then River to the San Carlos Indian at the intersection of the Idaho-Utah south on Interstate Highway 45 to State Reservation boundary; south then east border and Old Highway 191, then Highway 342, then to the shore of the and north along the reservation north on Old Highway 191 to 1500 S, Gulf of Mexico, and then north and east boundary to U.S. Hwy 70; southeast on then west on 1500 S to Highway 38, along the shore of the Gulf of Mexico to U.S. Hwy 70 to U.S. Hwy 191; south on then west on Highway 38 to 5400 W, the Texas-Louisiana State line. U.S. Hwy 191 to the 352 exit on I–10; then south on 5400 W to Pocatello B. That portion of the State lying east on I–10 to Bowie-Apache Pass Valley Road, then west and south on within the boundaries of a line Road; southerly on the Bowie-Apache Pocatello Valley Road to 10000 W, then beginning at the Kleberg-Nueces County Pass Road to Arizona Hwy 186; south on 10000 W to the Idaho-Utah line and the shore of the Gulf of Mexico, southeasterly on Arizona Hwy 186 to border, then east along the Idaho-Utah then west along the County line to Park Arizona Hwy 181; south on Arizona border to the beginning point. Road 22 in Nueces County, then north Hwy 181 to the West Turkey Creek- and west along Park Road 22 to its Kuykendall cutoff road; southerly on the Montana junction with State Highway 358 in Kuykendall cutoff road to Rucker Zone 1: Those portions of Deer Lodge Corpus Christi, then west and north Canyon Road; easterly on Rucker County lying within the following along State Highway 358 to its junction Canyon Road to the Tex Canyon Road; described boundary: beginning at the with State Highway 286, then north southerly on Tex Canyon Road to U.S. intersection of I–90 and Highway 273, along State Highway 286 to its junction Hwy 80; northeast on U.S. Hwy 80 to then westerly along Highway 273 to the with Interstate Highway 37, then east the New Mexico State line. junction of Highway 1, then southeast along Interstate Highway 37 to its Zone 2: Beginning at I–10 and the along said highway to Highway 275 at junction with U.S. Highway 181, then New Mexico State line; north along the Opportunity, then east along said north and west along U.S. Highway 181 State line to Arizona Hwy 78; southwest highway to East Side County road, then to its junction with U.S. Highway 77 in on Arizona Hwy 78 to U.S. Hwy 191; north along said road to Perkins Lane, Sinton, then north and east along U.S. northwest on U.S. Hwy 191 to Clifton; then west on said lane to I–90, then Highway 77 to its junction with U.S. westerly on the Lower Eagle Creek Road north on said interstate to the junction Highway 87 in Victoria, then south and (Pump Station Road) to Eagle Creek; of Highway 273, the point of beginning. east along U.S. Highway 87 to its northerly along Eagle Creek to the San Except for sections 13 and 24, T5N, junction with State Highway 35 at Port Carlos Indian Reservation boundary; R10W; and Warm Springs Pond number Lavaca, then north and east along State southerly and west along the reservation 3. Highway 35 to the south end of the boundary to U.S. Hwy 70; southeast on Zone 2: That portion of the Pacific Lavaca Bay Causeway, then south and U.S. Hwy 70 to U.S. Hwy 191; south on Flyway, located in Powell County lying east along the shore of Lavaca Bay to its U.S. Hwy 191 to I–10; easterly on I–10 within the following described junction with the Port Lavaca Ship to the New Mexico State line. boundary: beginning at the junction of

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State Routes 141 and 200, then west Southeast Zone: State Game List of Subjects in 50 CFR Part 20 along Route 200 to its intersection with Management Units 1–4. Hunting, Reporting and recordkeeping the Blackfoot River at Russell Gates Pribilof and Aleutian Islands Zone: requirements, Wildlife Fishing Access Site (Powell-Missoula State Game Management Unit 10 (except County line), then southeast along said Unimak Island). Shannon A. Estenoz, river to its intersection with the Kodiak Zone: State Game Principal Deputy Assistant Secretary for Fish Ovando-Helmville Road (County Road Management Unit 8. and Wildlife and Parks, Exercising the 104) at Cedar Meadows Fishing Access Delegated Authority of the Assistant Secretary Site, then south and east along said road All Migratory Game Birds in the Virgin for Fish and Wildlife and Parks. to its junction with State Route 141, Islands Regulation Promulgation then north along said route to its Ruth Cay Closure Area: The island of Accordingly, we amend part 20, junction with State Route 200, the point Ruth Cay, just south of St. Croix. of beginning. subpart N of title 50 of the Code of Zone 3: Beaverhead, Gallatin, All Migratory Game Birds in Puerto Federal Regulations as follows: Rico Jefferson, and Madison Counties. PART 20—MIGRATORY BIRD Zone 4: Broadwater County. Municipality of Culebra Closure Area: HUNTING Zone 5: Cascade and Teton Counties. All of the municipality of Culebra. ■ Utah Desecheo Island Closure Area: All of 1. The authority citation for part 20 Desecheo Island. continues to read as follows: Cache County: Cache County. East Box Elder County: That portion Mona Island Closure Area: All of Authority: 16 U.S.C. 703 et seq., and 16 U.S.C. 742 a–j. of Box Elder County beginning on the Mona Island. ■ Utah-Idaho State line at the Box Elder- El Verde Closure Area: Those areas of 2. In § 20.153, revise paragraph (a) to Cache County line; west on the State the municipalities of Rio Grande and read as follows: Loiza delineated as follows: (1) All line to the Pocatello Valley County § 20.153 Regulations committee. Road; south on the Pocatello Valley lands between Routes 956 on the west (a) Notice of meetings. Notice of each County Road to I–15; southeast on I–15 and 186 on the east, from Route 3 on the meeting of the Regulations Committee to to SR–83; south on SR–83 to Lamp north to the juncture of Routes 956 and be attended by any person outside the Junction; west and south on the 186 (Km 13.2) in the south; (2) all lands Department of the Interior will be Promontory Point County Road to the between Routes 186 and 966 from the published in the Federal Register or tip of Promontory Point; south from juncture of 186 and 966 on the north, to online on the U.S. Fish and Wildlife Promontory Point to the Box Elder- the Caribbean National Forest Boundary Service’s Migratory Bird Program Weber County line; east on the Box on the south; (3) all lands lying west of website at least 2 weeks before the Elder-Weber County line to the Box Route 186 for 1 kilometer from the meeting. The notice will state the time, Elder-Cache County line; north on the juncture of Routes 186 and 956 south to place, and general subject(s) of the Box Elder-Cache County line to the Km 6 on Route 186; (4) all lands within meeting, as well as the extent of public Utah-Idaho State line. Km 14 and Km 6 on the west and the involvement. Rich County: Rich County. Caribbean National Forest Boundary on Uintah Basin: Uintah and Duchesne the east; and (5) all lands within the * * * * * Counties. Caribbean National Forest Boundary ■ 3. In § 20.154, revise paragraph (a) to whether private or public. read as follows: Wyoming Cidra Municipality and adjacent § 20.154 Flyway Councils. Area 1: All of the Bear River and areas: All of Cidra Municipality and Ham’s Fork River drainages in Lincoln portions of Aguas Buenas, Caguas, (a) Notice of meetings. Notice of each County. Cayey, and Comerio Municipalities as meeting of a Flyway Council to be Area 2: All of the Salt River drainage encompassed within the following attended by any official of the in Lincoln County south of the McCoy boundary: Beginning on Highway 172 as Department of the Interior will be Creek Road. it leaves the municipality of Cidra on published in the Federal Register or Area 3: All lands within the Bureau the west edge, north to Highway 156, online on the U.S. Fish and Wildlife of Reclamation’s Eden Project in east on Highway 156 to Highway 1, Service’s Migratory Bird Program Sweetwater County. south on Highway 1 to Highway 765, website at least 2 weeks before the Area 5: Uinta County. south on Highway 765 to Highway 763, meeting or as soon as practicable after south on Highway 763 to the Rio the Department of the Interior learns of All Migratory Game Birds in Alaska Guavate, west along Rio Guavate to the meeting. The notice will state the North Zone: State Game Management Highway 1, southwest on Highway 1 to time, place, and general subject(s) of the Units 11–13 and 17–26. Highway 14, west on Highway 14 to meeting. Gulf Coast Zone: State Game Highway 729, north on Highway 729 to * * * * * Management Units 5–7, 9, 14–16, and Cidra Municipality boundary to the [FR Doc. 2021–15084 Filed 7–15–21; 8:45 am] 10 (Unimak Island only). point of the beginning. BILLING CODE 4333–15–P

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Reader Aids Federal Register Vol. 86, No. 134 Friday, July 16, 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. 702...... 34924 Presidential Documents 3 CFR 1022...... 35595 Executive orders and proclamations 741–6000 Proclamations: Ch. XII...... 36199 The United States Government Manual 741–6000 10231...... 35385 Administrative Orders: 14 CFR Other Services Memorandums: 25...... 37013, 37015 Electronic and on-line services (voice) 741–6020 Memorandum of June 39 ...... 34933, 35217, 35387, Privacy Act Compilation 741–6050 29, 2021 ...... 35383 35599, 35601, 36061, 36064, Notices: 36202, 36205, 36207, 36483, Notice of July 7, ELECTRONIC RESEARCH 36485, 36487, 36491, 36633, 2021 ...... 36479, 36481 36635, 36638, 37017, 37019, World Wide Web Executive Orders: 37219, 37221, 37224, 37226, 14036...... 36987 37229, 37231 Full text of the daily Federal Register, CFR and other publications 5 CFR 61...... 36493 is located at: www.govinfo.gov. 71 ...... 34937, 35221, 36210, Federal Register information and research tools, including Public 890...... 36872 36212, 37234, 37235, 37238, Inspection List and electronic text are located at: 7 CFR 37672 www.federalregister.gov. 97 ...... 34938, 34941, 36641, 925...... 37213 36642 E-mail 1218...... 37669 141...... 36493 1710...... 36193 FEDREGTOC (Daily Federal Register Table of Contents Electronic Proposed Rules: 1714...... 36193 Mailing List) is an open e-mail service that provides subscribers 39 ...... 35027, 35410, 35413, 1717...... 36193 with a digital form of the Federal Register Table of Contents. The 35416, 35690, 35692, 35695, 1718...... 36193 digital form of the Federal Register Table of Contents includes 35697, 36241, 36243, 36516, 1721...... 36193 HTML and PDF links to the full text of each document. 37087, 37255, 27258 1726...... 36193 71 ...... 35233, 35235, 35237, To join or leave, go to https://public.govdelivery.com/accounts/ 1730...... 36193 35419, 35420, 37090 USGPOOFR/subscriber/new, enter your email address, then 1767...... 36193 follow the instructions to join, leave, or manage your Proposed Rules: 15 CFR subscription. 986...... 35409 744...... 35389, 36496 PENS (Public Law Electronic Notification Service) is an e-mail 8 CFR service that notifies subscribers of recently enacted laws. 16 CFR 212...... 37670 323...... 37022 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 214...... 37670 and select Join or leave the list (or change settings); then follow 245...... 37670 Proposed Rules: the instructions. 274a...... 37670 Ch. I ...... 35239 FEDREGTOC and PENS are mailing lists only. We cannot Proposed Rules: 19 CFR respond to specific inquiries. 214...... 35410 10...... 35566 Reference questions. Send questions and comments about the 248...... 35410 274a.12...... 35410 102...... 35566 Federal Register system to: [email protected] 132...... 35566 The Federal Register staff cannot interpret specific documents or 9 CFR 134...... 35566 regulations. 352...... 37216 163...... 35566 182...... 35566 Proposed Rules: FEDERAL REGISTER PAGES AND DATE, JULY 327...... 37251 190...... 35566 351...... 37251 Proposed Rules: 34905–35216...... 1 354...... 37251 102...... 35422 35217–35382...... 2 355...... 37251 177...... 35422 35383–35594...... 6 381...... 37251 20 CFR 35595–36060...... 7 500...... 37251 36061–36192...... 8 592...... 37251 200...... 35221 36193–36482...... 9 295...... 34942 10 CFR 36483–36632...... 12 21 CFR 36633–36986...... 13 52...... 34905 573...... 37035, 37037 36987–37212...... 14 431...... 37001 1141...... 36509 37213–37668...... 15 Proposed Rules: 52...... 34999, 35023 1308...... 37672 37669–37890...... 16 429...... 36018 Proposed Rules: 430 ...... 35660, 35668, 37687 1308...... 37719 431 ...... 36018, 37069, 37708 24 CFR 12 CFR 11...... 35391 655...... 37671 92...... 34943

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25 CFR 37239 81...... 37683 15...... 35046, 35700 117...... 35402 48...... 34943 180...... 36666, 37055 74...... 35046 165 ...... 34958, 34960, 34961, Proposed Rules: 90...... 35700 26 CFR 34963, 34964, 35224, 35225, 52 ...... 35030, 35034, 35042, 95...... 35700 35403, 36066, 36067, 36068, 54...... 36872 35244, 35247, 36673 36070, 36646, 37047, 37049, 62...... 35044 48 CFR Proposed Rules: 37051, 37242, 37244, 37677 81...... 35254 204...... 36229 54...... 36870 207...... 37246 212...... 36229 210...... 35225 42 CFR 27 CFR 252...... 36229 214...... 35226 510...... 36229 9...... 34952, 34955 501...... 34966 273...... 37053 600...... 35615 70...... 34957 552...... 34966 274...... 37249 Proposed Rules: Proposed Rules: 570...... 34966 326...... 37246 409...... 35874 9...... 37260, 37265 Proposed Rules: Proposed Rules: 413...... 36322 615...... 35257 100...... 35240, 37270 28 CFR 424...... 35874 652...... 35257 165...... 35242 484...... 35874 50...... 37674 488...... 35874 34 CFR 49 CFR 29 CFR 489...... 35874 Ch. II...... 36217, 36220, 36222, 498...... 35874 381...... 35633 1910...... 37038 36510, 36648, 37679 512...... 36322 382...... 35633 2590...... 36872 Ch. III ...... 36656 383...... 35633 4000...... 36598 686...... 36070 45 CFR 384...... 35633 4262...... 36598 144...... 36872 385...... 35633 36 CFR Proposed Rules: 147...... 36872 390...... 35633 1910...... 36073 Proposed Rules: 149...... 36872 391...... 35633 7...... 37725 155...... 36071 Proposed Rules: 30 CFR 156...... 36872 385...... 35443 37 CFR 926...... 37039 Proposed Rules: 393...... 35449 1...... 35226, 35229 147...... 35156 31 CFR 2...... 35229 155...... 35156 50 CFR 1...... 35396 Proposed Rules: 156...... 35156 17...... 34979 Proposed Rules: 1...... 35429 20...... 37854 33...... 35156 46 CFR 300...... 35653 520...... 35399 39 CFR Ch. I ...... 37238 635...... 36669 111...... 35606 648...... 36671 32 CFR Proposed Rules: 47 CFR 660...... 36237, 37249 169...... 37676 Ch. III ...... 36246 Ch. I ...... 37061 665...... 36239 169a...... 37676 54...... 37058 679...... 36514 199...... 36213 40 CFR 64...... 35632 Proposed Rules: 52 ...... 35404, 35608, 35610, 73 ...... 34965, 35231, 37058 17 ...... 35708, 36678, 37091, 33 CFR 36227, 36665, 37053 74...... 37060 37410 Ch. I ...... 37238 62...... 35406 Proposed Rules: 218...... 37790 100 ...... 35399, 35604, 37045, 80...... 37681 2...... 35700 648...... 36519

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listserv.gsa.gov/cgi-bin/ wa.exe?SUBED1=PUBLAWS- LIST OF PUBLIC LAWS Public Laws Electronic L&A=1 Notification Service Note: No public bills which (PENS) Note: This service is strictly have become law were for email notification of new received by the Office of the laws. The text of laws is not Federal Register for inclusion PENS is a free email available through this service. in today’s List of Public notification service of newly PENS cannot respond to Laws. enacted public laws. To specific inquiries sent to this Last List July 8, 2021 subscribe, go to https:// address.

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