FEDERAL REGISTER
Vol. 86 Monday No. 130 July 12, 2021
Pages 36483–36632
OFFICE OF THE FEDERAL REGISTER
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The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, under the Federal Register Act (44 U.S.C. Ch. 15) Subscriptions: and the regulations of the Administrative Committee of the Federal Paper or fiche 202–512–1800 Register (1 CFR Ch. I). The Superintendent of Documents, U.S. Assistance with public subscriptions 202–512–1806 Government Publishing Office, is the exclusive distributor of the official edition. Periodicals postage is paid at Washington, DC. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public Subscriptions: interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Email [email protected] issuing agency requests earlier filing. For a list of documents Phone 202–741–6000 currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration The Federal Register Printing Savings Act of 2017 (Pub. L. 115- authenticates the Federal Register as the official serial publication 120) placed restrictions on distribution of official printed copies established under the Federal Register Act. Under 44 U.S.C. 1507, of the daily Federal Register to members of Congress and Federal the contents of the Federal Register shall be judicially noticed. offices. Under this Act, the Director of the Government Publishing The Federal Register is published in paper and on 24x microfiche. Office may not provide printed copies of the daily Federal Register It is also available online at no charge at www.govinfo.gov, a unless a Member or other Federal office requests a specific issue service of the U.S. Government Publishing Office. or a subscription to the print edition. For more information on how to subscribe use the following website link: https:// The online edition of the Federal Register is issued under the www.gpo.gov/frsubs. authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 1, 1 (March 14, 1936) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $860 plus postage, or $929, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $330, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 86 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.
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Contents Federal Register Vol. 86, No. 130
Monday, July 12, 2021
Centers for Disease Control and Prevention Environmental Protection Agency NOTICES NOTICES Agency Information Collection Activities; Proposals, Petition To Cancel Seresto Registration, 36546–36547 Submissions, and Approvals, 36550–36558 Meetings: Federal Aviation Administration Advisory Board on Radiation and Worker Health, RULES National Institute for Occupational Safety and Airworthiness Directives: Health, 36554 Airbus Helicopters, 36485–36487 Requests for Nominations: Aircraft Industries a.s. Airplanes, 36483–36485 Appointment to the CDC/HRSA Advisory Committee on Rolls-Royce Deutschland Ltd & Co KG (Type Certificate HIV, Viral Hepatitis and STD Prevention and Previously Held by Rolls-Royce plc) Turbofan Treatment, 36549–36550 Engines, 36487–36491 True Flight Holdings LLC Airplanes, 36491–36493 Children and Families Administration Policy for Flight Training in Certain Aircraft, 36493–36496 NOTICES PROPOSED RULES Intent To Issue One Operating Division-Initiated Airworthiness Directives: Supplement to BCFS Health and Human Services Airbus Helicopters, 36516–36519 Under the Standing Announcement for Residential (Shelter) Services for Unaccompanied Alien Children, 36558 Federal Communications Commission NOTICES Commerce Department Agency Information Collection Activities; Proposals, See Foreign-Trade Zones Board Submissions, and Approvals, 36547–36548 See Industry and Security Bureau Meetings, 36548–36549 See International Trade Administration Meetings: See National Oceanic and Atmospheric Administration Ending 9–1–1 Fee Diversion Now Strike Force, 36547 See Patent and Trademark Office Federal Election Commission Community Living Administration NOTICES NOTICES Meetings; Sunshine Act, 36549 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evidence Based Program Fidelity Surveys, 36558–36559 Federal Energy Regulatory Commission NOTICES Corporation for National and Community Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 36540–36543 Inviting Public Input on Executive Order 13985, 36531 Application: BOST5 Hydroelectric, LLC, 36544 Education Department Combined Filings, 36539–36540, 36545–36546 RULES Initial Market-Based Rate Filings Including Requests for Final Priorities and Requirement: Blanket Section 204 Authorizations: Innovative Approaches to Literacy, 36510–36514 AR Searcy Project Company, LLC, 36543–36544 NOTICES MS Sunflower Project Company, LLC, 36543 Accrediting Agencies Currently Undergoing Review for the Petition for Limited Waiver: Purposes of Recognition by the U.S. Secretary of Duke Energy Florida, LLC, 36545 Education, 36532–36533 Agency Information Collection Activities; Proposals, Federal Highway Administration Submissions, and Approvals: NOTICES Assurance of Compliance—Civil Rights Certificate, Environmental Impact Statements; Availability, etc.: 36533–36534 Proposed Highway Project, Bronx County, NY, 36591– Endowment Excise Tax: Allocation Reduction Waiver, 36593 36531–36532 Applications for New Awards: Innovative Approaches to Literacy Program, 36534–36539 Fish and Wildlife Service NOTICES Employment and Training Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Charter Renewal: Administrative Procedures for Service Financial Workforce Information Advisory Council, 36587 Assistance Programs, 36572–36574 Endangered and Threatened Species: Energy Department Draft Revised Recovery Plan for Gila Trout, 36570–36572 See Federal Energy Regulatory Commission Recovery Permit Applications, 36574–36587
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Food and Drug Administration National Highway Traffic Safety Administration RULES NOTICES Tobacco Products: Receipt of Petition for Decision of Inconsequential Required Warnings for Cigarette Packages and Noncompliance: Advertisements; Delayed Effective Date, 36509–36510 Volkswagen Group of America, Inc., 36594–36595 NOTICES Guidance: National Institutes of Health Oversight of Food Products Covered by Systems NOTICES Recognition Arrangements, 36559–36560 Meetings: Submission of Plans for Cigarette Packages and Cigarette Center for Scientific Review, 36565–36566 Advertisements (Revised), 36560–36562 National Center for Complementary and Integrative Withdrawal of Approval of 21 Abbreviated New Drug Health, 36566–36567 Applications: National Heart, Lung, and Blood Institute, 36564–36565 Morton Grove Pharmaceuticals, Inc., et al.; Correction, National Institute of Mental Health, 36564 36562 Prospective Grant of an Exclusive Patent License: Oligonucleotides Analogues Targeting Human LMNA Foreign-Trade Zones Board ‘‘lamin A’’ Gene, 36563–36564 NOTICES High ASS1 Expressing Tumors Embody a Purine Rich Authorization of Production Activity: Genomic Signature and Sensitivity to Purine AstraZeneca Pharmaceuticals, LP, Foreign-Trade Zone Depletion, 36567 177, Evansville, IN, 36522 RP2 AAV-Based Gene Human Therapy for Ocular Proposed Production Activity: Diseases and Disorders Including XLRP, 36565– Schlumberger Technology Corporation, Reslink Product 36566 Center, Foreign-Trade Zone 84, Houston, TX, 36522 Request for Information: Inviting Input on the ICCFASD 2022–2026 Strategic Plan Health and Human Services Department Outline, 36567–36568 See Centers for Disease Control and Prevention See Children and Families Administration National Oceanic and Atmospheric Administration See Community Living Administration RULES See Food and Drug Administration Fisheries of the Exclusive Economic Zone Off Alaska: See National Institutes of Health Pacific Cod in the Central Regulatory Area of the Gulf of NOTICES Alaska; Closure, 36514–36515 Meetings: PROPOSED RULES COVID–19 Health Equity Task Force, 36562–36563 Fisheries of the Northeastern United States: Southern Red Hake Rebuilding Plan; Framework Homeland Security Department Adjustment 62 to the Small-Mesh Multispecies Fishery Management Plan, 36519–36521 See U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Industry and Security Bureau Submissions, and Approvals: RULES Atlantic Highly Migratory Species Vessel and Gear Addition of Certain Entities to the Entity List; Revision of Marking, 36529–36530 Existing Entry on the Entity List; Removal of Entity Meetings: from the Unverified List; and Addition of Entity to the Mid-Atlantic Fishery Management Council, 36530 Military End-User List, 36496–36509 Nuclear Regulatory Commission Interior Department NOTICES See Fish and Wildlife Service Meetings: Advisory Committee on the Medical Uses of Isotopes, International Trade Administration 36588 NOTICES Meetings; Sunshine Act, 36587–36588 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Patent and Trademark Office Aluminum Wire and Cable from the People’s Republic of NOTICES China, 36522–36523 Extension of the Fast-Track Appeals Pilot Program, 36530– Certain Potassium Phosphate Salts from the People’s 36531 Republic of China, 36524–36525 Certain Softwood Lumber Products from Canada, 36525– Pension Benefit Guaranty Corporation 36526 RULES Pentafluoroethane (R–125) from the People’s Republic of Special Financial Assistance, 36598–36631 China, 36526–36529 Petroleum Wax Candles from the People’s Republic of Personnel Management Office China, 36523–36524 NOTICES Agency Information Collection Activities; Proposals, Labor Department Submissions, and Approvals: See Employment and Training Administration Life Insurance Election, Standard Form, 36588–36589
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Securities and Exchange Commission Interagency Alien Witness and Informant Record, 36568– NOTICES 36569 FY2018 Service Contract Inventory, 36589 Meetings; Sunshine Act, 36590 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 36589 Separate Parts In This Issue Cboe BZX Exchange, Inc., 36590 Cboe EDGA Exchange, Inc., 36590 Cboe EDGX Exchange, Inc., 36590 Part II Pension Benefit Guaranty Corporation, 36598–36631 Surface Transportation Board NOTICES Indexing the Annual Operating Revenues of Railroads, 36590–36591 Reader Aids Consult the Reader Aids section at the end of this issue for Transportation Department phone numbers, online resources, finding aids, and notice See Federal Aviation Administration See Federal Highway Administration of recently enacted public laws. See National Highway Traffic Safety Administration To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ U.S. Citizenship and Immigration Services accounts/USGPOOFR/subscriber/new, enter your e-mail NOTICES address, then follow the instructions to join, leave, or Agency Information Collection Activities; Proposals, manage your subscription. Submissions, and Approvals: Entry of Appearance as Attorney or Accredited Representative, 36569–36570
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
14 CFR 39 (4 documents) ...... 36483, 36485, 36487, 36491 61...... 36493 141...... 36493 Proposed Rules: 39...... 36516 15 CFR 744...... 36496 21 CFR 1141...... 36509 29 CFR 4000...... 36598 4262...... 36598 34 CFR Ch. II ...... 36510 50 CFR 679...... 36514 Proposed Rules: 648...... 36519
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Rules and Regulations Federal Register Vol. 86, No. 130
Monday, July 12, 2021
This section of the FEDERAL REGISTER • Hand Delivery: U.S. Department of Except for Confidential Business contains regulatory documents having general Transportation, Docket Operations, Information (CBI) as described in the applicability and legal effect, most of which M–30, West Building Ground Floor, following paragraph, and other are keyed to and codified in the Code of Room W12–140, 1200 New Jersey information as described in 14 CFR Federal Regulations, which is published under Avenue SE, Washington, DC 20590, 11.35, the FAA will post all comments 50 titles pursuant to 44 U.S.C. 1510. between 9 a.m. and 5 p.m., Monday received, without change, to https:// The Code of Federal Regulations is sold by through Friday, except Federal holidays. www.regulations.gov, including any the Superintendent of Documents. For service information identified in personal information you provide. The this AD, contact Aircraft Industries, a.s., agency will also post a report 686 04 Kunovice, Czech Republic; summarizing each substantive verbal DEPARTMENT OF TRANSPORTATION phone: +420 572 817 664; fax: +420 572 contact received about this final rule. Federal Aviation Administration 816 112; email: [email protected]; website: Confidential Business Information http://www.let.cz/en/bulletin. You may 14 CFR Part 39 view this service information at the CBI is commercial or financial FAA, Airworthiness Products Section, information that is both customarily and [Docket No. FAA–2021–0510; Project Operational Safety Branch, 901 Locust, actually treated as private by its owner. Identifier 2019–CE–058–AD; Amendment Kansas City, MO 64106. For information Under the Freedom of Information Act 39–21629; AD 2021–14–02] on the availability of this material at the (FOIA) (5 U.S.C. 552), CBI is exempt RIN 2120–AA64 FAA, call (816) 329–4148. It is also from public disclosure. If your available at https://www.regulations.gov comments responsive to this AD contain Airworthiness Directives; Aircraft by searching for locating Docket No. commercial or financial information Industries a.s. Airplanes FAA–2021–0510. that is customarily treated as private, that you actually treat as private, and AGENCY: Federal Aviation Examining the AD Docket that is relevant or responsive to this AD, Administration (FAA), DOT. You may examine the AD docket at it is important that you clearly designate ACTION: Final rule; request for https://www.regulations.gov by the submitted comments as CBI. Please comments. searching for and locating Docket No. mark each page of your submission SUMMARY: The FAA is adopting a new FAA–2021–0510; or in person at Docket containing CBI as ‘‘PROPIN.’’ The FAA airworthiness directive (AD) for all Operations between 9 a.m. and 5 p.m., will treat such marked submissions as Aircraft Industries a.s. Models L–420, L Monday through Friday, except Federal confidential under the FOIA, and they 410 UVP–E20, and L 410 UVP–E20 holidays. The AD docket contains this will not be placed in the public docket CARGO airplanes. This AD results from final rule, the MCAI, any comments of this AD. Submissions containing CBI mandatory continuing airworthiness received, and other information. The should be sent to Doug Rudolph, information (MCAI) issued by the street address for Docket Operations is Aerospace Engineer, FAA, General aviation authority of another country to listed above. Aviation & Rotorcraft Section, identify and correct an unsafe condition FOR FURTHER INFORMATION CONTACT: International Validation Branch, 901 on an aviation product. The MCAI Doug Rudolph, Aviation Safety Locust, Room 301, Kansas City, MO identifies the unsafe condition as Engineer, General Aviation & Rotorcraft 64106. Any commentary that the FAA cracking of the retaining bolt on the Section, International Validation receives which is not specifically nose landing gear (NLG) control. The Branch, FAA, 901 Locust, Room 301, designated as CBI will be placed in the FAA is issuing this AD to address the Kansas City, MO 64106; phone: (816) public docket for this rulemaking. unsafe condition on these products. 329–4059; fax: (816) 329–4090; email: Background DATES: This AD is effective August 2, [email protected]. The European Union Aviation Safety 2021. SUPPLEMENTARY INFORMATION: The Director of the Federal Register Agency (EASA), which is the Technical approved the incorporation by reference Comments Invited Agent for the Member States of the European Community, has issued EASA of certain publications listed in the AD The FAA invites you to send any as of August 2, 2021. AD 2019–0308, dated December 18, written data, views, or arguments about 2019 (referred to after this as ‘‘the The FAA must receive comments on this final rule. Send your comments to this AD by August 26, 2021. MCAI’’), to address the unsafe condition an address listed under ADDRESSES. on Aircraft Industries a.s. Models L–410 ADDRESSES: You may send comments by Include ‘‘Docket No. FAA–2021–0510 UVP–Turbolet, L–410 UVP–E, L 410 any of the following methods: and Project Identifier 2019–CE–058– • UVP–E9, L 410 UVP–LW, L 410 UVP– Federal eRulemaking Portal: Go to AD’’ at the beginning of your comments. E–LW, L 410 UVP–E20, L 410 UVP–E20 https://www.regulations.gov. Follow the The most helpful comments reference a CARGO and L–420 airplanes. The MCAI instructions for submitting comments. specific portion of the final rule, explain states: • Fax: (202) 493–2251. the reason for any recommended • Malfunction of the steering on the nose Mail: U.S. Department of change, and include supporting data. landing gear was reported by L–410 Transportation, Docket Operations, The FAA will consider all comments operators. Investigation determined that the M–30, West Building Ground Floor, received by the closing date and may malfunction was due to loss of the vertical Room W12–140, 1200 New Jersey amend this final rule because of those pin further to a cracking of the retaining bolt Avenue SE, Washington, DC 20590. comments. on the nose landing gear control.
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This condition, if not detected and Differences Between This AD and the rules on aviation safety. Subtitle I, corrected, could lead to reduced control of MCAI section 106, describes the authority of the aeroplane during taxiing, take-off and The MCAI applies to Models L–410 the FAA Administrator. Subtitle VII: landing. Aviation Programs, describes in more To address this potential unsafe condition, UVP–Turbolet, L–410 UVP–E, L 410 Aircraft Industries developed an improved UVP–E9, L 410 UVP–LW, and L 410 detail the scope of the Agency’s pin and issued the applicable SB [service UVP–E–LW. This AD does not because authority. bulletin] to provide inspection and those models do not have an FAA type The FAA is issuing this rulemaking modification instructions. certificate. under the authority described in For the reason described above, this Subtitle VII, Part A, Subpart III, Section [EASA] AD requires a one-time inspection of Justification for Immediate Adoption 44701: General requirements. Under and Determination of the Effective Date the the [sic] nose landing gear leg to that section, Congress charges the FAA determine if an affected part is installed, and Section 553(b)(3)(B) of the with promoting safe flight of civil replacement of affected parts with improved Administrative Procedure Act (APA) (5 pins. aircraft in air commerce by prescribing U.S.C. 551 et seq.) authorizes agencies regulations for practices, methods, and You may examine the MCAI in the to dispense with notice and comment procedures the Administrator finds AD docket at https:// procedures for rules when the agency, necessary for safety in air commerce. www.regulations.gov by searching for for ‘‘good cause,’’ finds that those This regulation is within the scope of and locating Docket No. FAA–2021– procedures are ‘‘impracticable, that authority because it addresses an 0510. unnecessary, or contrary to the public unsafe condition that is likely to exist or interest.’’ Under this section, an agency, Related Service Information Under 1 develop on products identified in this upon finding good cause, may issue a rulemaking action. CFR Part 51 final rule without providing notice and The FAA reviewed LET Aircraft seeking comment prior to issuance. Regulatory Flexibility Act Industries Mandatory Bulletin SB No. Further, section 553(d) of the APA The requirements of the Regulatory L–420/021a, Revision 1, dated October authorizes agencies to make rules Flexibility Act (RFA) do not apply when 29, 2019, as applicable to Model L–420 effective in less than thirty days, upon an agency finds good cause pursuant to airplanes; and LET Aircraft Industries a finding of good cause. 5 U.S.C. 553 to adopt a rule without The FAA has found that the risk to Mandatory Bulletin SB No. L410UVP–E/ prior notice and comment. Because FAA the flying public justifies waiving notice 144a, Revision 1, dated October 29, has determined that it has good cause to and comment prior to adoption of this 2019, as applicable to Models L 410 adopt this rule without notice and rule because there are no airplanes UVP–E20 and L 410 UVP–E20 CARGO comment, RFA analysis is not required. airplanes. For the airplane models currently on the U.S. registry and thus, specified on each document, the service it is unlikely that the FAA will receive Regulatory Findings any adverse comments or useful information contains procedures for The FAA determined that this AD inspecting the NLG steering lever information about this AD from U.S. operators. Accordingly, notice and will not have federalism implications assembly vertical pin and replacing it if under Executive Order 13132. This AD part number (P/N) L3 223 016 with a opportunity for prior public comment are unnecessary pursuant to 5 U.S.C. will not have a substantial direct effect retaining bolt is installed. This service on the States, on the relationship information is reasonably available 553(b)(3)(B). In addition, the FAA finds that good cause exists pursuant to 5 between the national government and because the interested parties have the States, or on the distribution of access to it through their normal course U.S.C. 553(d) for making this amendment effective in less than 30 power and responsibilities among the of business or by the means identified various levels of government. in the ADDRESSES. days for the same reasons the FAA found good cause to forego notice and For the reasons discussed above, I FAA’s Determination comment. certify that this AD: (1) Is not a ‘‘significant regulatory This product has been approved by Costs of Compliance the aviation authority of another action’’ under Executive Order 12866, There are currently no affected and country, and is approved for operation airplanes on the U.S. registry. In the in the United States. Pursuant to our (2) Will not affect intrastate aviation event an affected product becomes a in Alaska. bilateral agreement with this State of U.S.-registered product, the following is Design Authority, it has notified the an estimate of the costs to comply with List of Subjects in 14 CFR Part 39 FAA of the unsafe condition described this AD. Air transportation, Aircraft, Aviation in the MCAI and service information The FAA estimates that it would take safety, Incorporation by reference, referenced above. The FAA is issuing .5 work-hour per airplane to comply Safety. this AD because it evaluated all with the inspection required by this AD. information provided by the State of The average labor rate is $85 per work- The Amendment Design Authority and determined the hour. Based on these figures, the FAA unsafe condition described previously is estimates the cost of this AD to be Accordingly, under the authority likely to exist or develop on other $42.50 per airplane. delegated to me by the Administrator, products of the same type design. In addition, the FAA estimates that the FAA amends 14 CFR part 39 as follows: AD Requirements replacing the vertical pin, if necessary, would take 1 work-hour and require PART 39—AIRWORTHINESS This AD requires accomplishing the parts costing $2,000 for a cost of $2,085 DIRECTIVES actions specified in the service per airplane. information already described. This AD also prohibits installing a vertical pin Authority for This Rulemaking ■ 1. The authority citation for part 39 P/N L3 223 016 in the NLG steering Title 49 of the United States Code continues to read as follows: lever assembly on any airplane. specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701.
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§ 39.13 [Amended] appropriate. If sending information directly DEPARTMENT OF TRANSPORTATION ■ 2. The FAA amends § 39.13 by adding to the manager of the International Validation the following new airworthiness Branch, send it to the attention of the person Federal Aviation Administration identified in Related Information, paragraph directive: (i)(1) of this AD or email: 9-AVS-AIR-730- 14 CFR Part 39 2021–14–02 Aircraft Industries a.s.: [email protected]. Amendment 39–21629; Docket No. (2) Before using any approved AMOC, [Docket No. FAA–2021–0297; Project FAA–2021–0510; Project Identifier notify your appropriate principal inspector, Identifier 2019–SW–062–AD; Amendment 2019–CE–058–AD. or lacking a principal inspector, the manager 39–21614; AD 2021–13–09] (a) Effective Date of the local flight standards district office/ RIN 2120–AA64 certificate holding district office. This airworthiness directive (AD) becomes effective August 2, 2021. (i) Related Information Airworthiness Directives; Airbus Helicopters (b) Affected ADs (1) For more information about this AD, None. contact Doug Rudolph, Aviation Safety AGENCY: Federal Aviation Engineer, General Aviation & Rotorcraft Administration (FAA), DOT. (c) Applicability Section, International Validation Branch, ACTION: Final rule. This AD applies to Aircraft Industries a.s. FAA, 901 Locust, Room 301, Kansas City, Models L–420, L 410 UVP–E20, and L 410 MO 64106; phone: (816) 329–4059; fax: (816) SUMMARY: The FAA is adopting a new UVP–E20 CARGO airplanes, all serial 329–4090; email: [email protected]. airworthiness directive (AD) for Airbus numbers, certificated in any category. (2) Refer to European Union Aviation Helicopters Model SA330J helicopters, (d) Subject Safety Agency (EASA) AD 2020–0308, dated all serial numbers. This AD was December 18, 2019, for more information. prompted by reports of the failure of the Joint Aircraft System Component (JASC) You may examine the EASA AD in the AD Code 3250, Landing Gear Steering System. docket at https://www.regulations.gov by lower bearing cage of the main rotor hub (MRH) flapping hinges and of the (e) Unsafe Condition searching for and locating it in Docket No. FAA–2021–0510. presence of metallic particles at the This AD was prompted by mandatory bottom of a drag hinge. This AD requires continuing airworthiness information (MCAI) (j) Material Incorporated by Reference originated by an aviation authority of another repetitive inspections of the MRH chip country to identify and correct an unsafe (1) The Director of the Federal Register detectors, or for helicopters not condition on an aviation product. The MCAI approved the incorporation by reference of equipped with chip detectors, repetitive identifies the unsafe condition as cracking of the service information listed in this inspections of the oil for contamination the retaining bolt on the nose landing gear paragraph under 5 U.S.C. 552(a) and 1 CFR by metallic particles, and corrective (NLG) control. The FAA is issuing this AD part 51. actions if necessary, as specified in a to prevent loss of the NLG vertical pin, (2) You must use this service information European Union Aviation Safety Agency which, if not addressed, could result in as applicable to do the actions required by (EASA) AD, which is incorporated by reduced airplane control during taxing, this AD, unless the AD specifies otherwise. reference. The FAA is issuing this AD takeoff, and landing. (i) LET Aircraft Industries Mandatory to address the unsafe condition on these (f) Compliance Bulletin SB No. L–420/021a, Revision 1, dated October 29, 2019. products. Comply with this AD within the (ii) LET Aircraft Industries Mandatory DATES: This AD is effective August 16, compliance times specified, unless already Bulletin SB No. L410UVP–E/144a, Revision 2021. done. 1, dated October 29, 2019. The Director of the Federal Register (g) Inspection and Replacement (3) For service information identified in approved the incorporation by reference (1) Within 30 days after the effective date this AD, contact Aircraft Industries, a.s., 686 of a certain publication listed in this AD of this AD, inspect the NLG to determine if 04 Kunovice, Czech Republic; phone: +420 as of August 16, 2021. 572 817 664; fax: +420 572 816 112; email: vertical pin part number ADDRESSES: For material incorporated [email protected]; website: http://www.let.cz/en/ (P/N) L3 223 016 with retaining bolt is by reference (IBR) in this AD, contact installed on the NLG steering lever assembly. bulletin. If vertical pin P/N L3 223 016 is installed, (4) You may view this referenced service the EASA, Konrad-Adenauer-Ufer 3, before further flight, replace the vertical pin information at the FAA, Airworthiness 50668 Cologne, Germany; phone: +49 with vertical pin P/N L3 223 316 by Products Section, Operational Safety Branch, 221 8999 000; email: ADs@ following sections B. and C. of the 901 Locust, Kansas City, MO 64106. For easa.europa.eu; internet: Instruction for Implementation in LET information on the availability of this www.easa.europa.eu. You may find this Aircraft Industries Mandatory Bulletin SB material at the FAA, call (816) 329–4148. It material on the EASA website at https:// No. L–420/021a, Revision 1, dated October is also available at https:// ad.easa.europa.eu. You may view this 29, 2019; or LET Aircraft Industries www.regulations.gov by searching for material at the FAA, Office of the Mandatory Bulletin SB No. L410UVP–E/ locating Docket No. FAA–2021–0510. Regional Counsel, Southwest Region, 144a, Revision 1, dated October 29, 2019, as (5) You may view this service information applicable to your airplane model. 10101 Hillwood Pkwy., Room 6N–321, that is incorporated by reference at the Fort Worth, TX 76177. For information (2) As of the effective date of this AD, do National Archives and Records on the availability of this material at the not install a vertical pin P/N L3 223 016 in Administration (NARA). For information on the NLG steering lever assembly on any the availability of this material at NARA, FAA, call 817–222–5110. It is also airplane. email: [email protected], or go to: available in the AD docket on the (h) Alternative Methods of Compliance https://www.archives.gov/federal-register/cfr/ internet at https://www.regulations.gov (AMOCs) ibr-locations.html. by searching for and locating Docket No. FAA–2021–0297. (1) The Manager, International Validation Issued on June 21, 2021. Branch, FAA, has the authority to approve Lance T. Gant, Examining the AD Docket AMOCs for this AD, if requested using the Director, Compliance & Airworthiness procedures found in 14 CFR 39.19. In You may examine the AD docket on Division, Aircraft Certification Service. accordance with 14 CFR 39.19, send your the internet at https:// request to your principal inspector or local [FR Doc. 2021–13637 Filed 7–9–21; 8:45 am] www.regulations.gov by searching for Flight Standards District Office, as BILLING CODE 4910–13–P and locating Docket No. FAA–2021–
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0297; or in person at Docket Operations and of the presence of metallic particles Related Service Information Under 1 between 9 a.m. and 5 p.m., Monday at the bottom of a drag hinge. The CFR Part 51 through Friday, except Federal holidays. NPRM proposed to require repetitive The AD docket contains this final rule, inspections of the MRH chip detectors, EASA AD 2019–0157 specifies any comments received, and other or for helicopters not equipped with procedures for repetitive inspections of information. The address for Docket chip detectors, repetitive inspections of the MRH chip detectors, or for Operations is U.S. Department of the oil for contamination by metallic helicopters not equipped with chip Transportation, Docket Operations, particles, and corrective actions if detectors, repetitive inspections of the M–30, West Building Ground Floor, necessary, as specified in an EASA AD. oil for contamination by metallic Room W12–140, 1200 New Jersey The FAA is issuing this AD to address particles, and corrective actions if Avenue SE, Washington, DC 20590. failure of the lower bearing cage of the necessary. Corrective actions include MRH flapping hinges and presence of FOR FURTHER INFORMATION CONTACT: replacement of the incidence hinge metallic particles at the bottom of a drag Mahmood G. Shah, Aviation Safety bearings, replacement of the flapping hinge, which could lead to loss of Engineer, Fort Worth ACO Branch, bearing race and bearing or if there is no flapping hinge function, resulting in FAA, 10101 Hillwood Pkwy., Fort degradation reinstallation of the bearing MRH unbalance and loss of control of Worth, TX 76177; phone: 817–222– race and bearing 180° from the marked the helicopter. See the MCAI for 5538; email: [email protected]. position during removal, and additional background information. SUPPLEMENTARY INFORMATION: replacement of the drag lower bearing Discussion of Final Airworthiness race and bearing. This material is Background Directive reasonably available because the The EASA, which is the Technical Comments interested parties have access to it Agent for the Member States of the The FAA gave the public the through their normal course of business European Union, has issued EASA AD opportunity to participate in developing or by the means identified in the 2019–0157, dated July 3, 2019 (EASA this final rule. The FAA received no ADDRESSES section. AD 2019–0157) (also referred to as the comments on the NPRM or on the Interim Action Mandatory Continuing Airworthiness determination of the cost to the public. Information, or the MCAI), to correct an The FAA considers this AD interim Conclusion unsafe condition for Airbus Helicopters action. The investigation to detect the Model SA330J helicopters, all serial The FAA reviewed the relevant data root cause of the reported failures of the numbers. and determined that air safety and the lower bearing cage of the MRH flapping The FAA issued a notice of proposed public interest require adopting this hinges and presence of metallic rulemaking (NPRM) to amend 14 CFR final rule as proposed, except for minor particles at the bottom of the drag hinge part 39 by adding an AD that would editorial changes. The FAA has is on-going. apply to Airbus Helicopters Model determined that these minor changes: SA330J helicopters, all serial numbers. • Are consistent with the intent that Costs of Compliance The NPRM published in the Federal was proposed in the NPRM for Register on April 13, 2021 (86 FR addressing the unsafe condition; and The FAA estimates that this AD 19157). The NPRM was prompted by • Do not add any additional burden affects 4 helicopters of U.S. registry. The reports of the failure of the lower upon the public than was already FAA estimates the following costs to bearing cage of the MRH flapping hinges proposed in the NPRM. comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Labor cost Parts cost product operators
4 work-hours × $85 per hour = $340 ...... $0 $340 $1,360
The FAA estimates the following based on the results of any required that might need these on-condition costs to do any necessary on-condition actions. The FAA has no way of replacements: replacements that would be required determining the number of helicopters
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Cost per Labor cost Parts cost product
24 work-hours × $85 per hour = $2,040 ...... $53,025.29 $55,065.29
Authority for This Rulemaking detail the scope of the Agency’s with promoting safe flight of civil authority. aircraft in air commerce by prescribing Title 49 of the United States Code regulations for practices, methods, and specifies the FAA’s authority to issue The FAA is issuing this rulemaking procedures the Administrator finds rules on aviation safety. Subtitle I, under the authority described in necessary for safety in air commerce. section 106, describes the authority of Subtitle VII, Part A, Subpart III, Section the FAA Administrator. Subtitle VII: 44701: General requirements. Under This regulation is within the scope of Aviation Programs, describes in more that section, Congress charges the FAA that authority because it addresses an
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unsafe condition that is likely to exist or rotor hub (MRH) flapping hinges and of the (l) Material Incorporated by Reference develop on products identified in this presence of metallic particles at the bottom (1) The Director of the Federal Register rulemaking action. of a drag hinge. The FAA is issuing this AD approved the incorporation by reference to address failure of the lower bearing cage (IBR) of the service information listed in this Regulatory Findings of the MRH flapping hinges and presence of paragraph under 5 U.S.C. 552(a) and 1 CFR This AD will not have federalism metallic particles at the bottom of a drag part 51. implications under Executive Order hinge, which could lead to loss of flapping (2) You must use this service information 13132. This AD will not have a hinge function, resulting in MRH unbalance as applicable to do the actions required by and loss of control of the helicopter. this AD, unless this AD specifies otherwise. substantial direct effect on the States, on (i) European Union Aviation Safety Agency (f) Compliance the relationship between the national (EASA) AD 2019–0157, dated July 3, 2019. government and the States, or on the Comply with this AD within the (ii) [Reserved] distribution of power and compliance times specified, unless already (3) For EASA AD 2019–0157, contact the responsibilities among the various done. EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; levels of government. (g) Requirements For the reasons discussed above, I email: [email protected]; Internet: certify that this AD: Except as specified in paragraph (h) of this www.easa.europa.eu. You may find this (1) Is not a ‘‘significant regulatory AD: Comply with all required actions and EASA AD on the EASA website at https:// action’’ under Executive Order 12866, compliance times specified in, and in ad.easa.europa.eu. (2) Will not affect intrastate aviation accordance with, European Union Aviation (4) You may view this service information Safety Agency (EASA) AD 2019–0157, dated at the FAA, Office of the Regional Counsel, in Alaska, and July 3, 2019 (EASA AD 2019–0157). Southwest Region, 10101 Hillwood Pkwy., (3) Will not have a significant Room 6N–321, Fort Worth, TX 76177. For economic impact, positive or negative, (h) Exceptions to EASA AD 2019–0157 information on the availability of this on a substantial number of small entities (1) Where EASA AD 2019–0157 refers to its material at the FAA, call 817–222–5110. This under the criteria of the Regulatory effective date, this AD requires using the material may be found in the AD docket on Flexibility Act. effective date of this AD. the internet at https://www.regulations.gov (2) The ‘‘Remarks’’ section of EASA AD by searching for and locating Docket No. List of Subjects in 14 CFR Part 39 2019–0157 does not apply to this AD. FAA–2021–0297. Air transportation, Aircraft, Aviation (3) Where EASA AD 2019–0157 refers to (5) You may view this material that is safety, Incorporation by reference, flight hours (FH), this AD requires using incorporated by reference at the National Archives and Records Administration Safety. hours time-in-service. (4) Although the service information (NARA). For information on the availability The Amendment referenced in EASA AD 2019–0157 specifies of this material at NARA, email fedreg.legal@ to discard certain parts, this AD requires nara.gov, or go to https://www.archives.gov/ Accordingly, under the authority federal-register/cfr/ibr-locations.html. delegated to me by the Administrator, removing those parts from service. Issued on July 2, 2021. the FAA amends 14 CFR part 39 as (i) Special Flight Permit Gaetano A. Sciortino, follows: Special flight permits may be issued in Deputy Director for Strategic Initiatives, accordance with 14 CFR 21.197 and 21.199 PART 39—AIRWORTHINESS Compliance & Airworthiness Division, to operate the helicopter to a location where Aircraft Certification Service. DIRECTIVES the helicopter can be modified (if the operator elects to do so), provided the [FR Doc. 2021–14688 Filed 7–9–21; 8:45 am] ■ 1. The authority citation for part 39 helicopter is operated during the day under BILLING CODE 4910–13–P continues to read as follows: visual flight rules with no passengers are Authority: 49 U.S.C. 106(g), 40113, 44701. onboard. DEPARTMENT OF TRANSPORTATION § 39.13 [Amended] (j) Alternative Methods of Compliance (AMOCs) ■ 2. The FAA amends § 39.13 by adding Federal Aviation Administration the following new airworthiness (1) The Manager, International Validation Branch, FAA, has the authority to approve 14 CFR Part 39 directive: AMOCs for this AD, if requested using the 2021–13–09 Airbus Helicopters: procedures found in 14 CFR 39.19. In [Docket No. FAA–2021–0022; Project Amendment 39–21614; Docket No. accordance with 14 CFR 39.19, send your Identifier MCAI–2020–00395–E; Amendment FAA–2021–0297; Project Identifier request to your principal inspector or local 39–21648; AD 2021–15–01] 2019–SW–062–AD. Flight Standards District Office, as RIN 2120–AA64 (a) Effective Date appropriate. If sending information directly to the manager of the International Validation Airworthiness Directives; Rolls-Royce This airworthiness directive (AD) is Branch, send it to the attention of the person effective August 16, 2021. Deutschland Ltd & Co KG (Type identified in paragraph (k) of this AD. Certificate Previously Held by Rolls- (b) Affected ADs Information may be emailed to: 9-AVS-AIR- Royce plc) Turbofan Engines [email protected]. None. (2) Before using any approved AMOC, AGENCY: Federal Aviation (c) Applicability notify your appropriate principal inspector, Administration (FAA), DOT. or lacking a principal inspector, the manager This AD applies to Airbus Helicopters ACTION: Final rule. Model SA330J helicopters, certificated in any of the local flight standards district office/ category, all serial numbers. certificate holding district office. SUMMARY: The FAA is adopting a new (d) Subject (k) Related Information airworthiness directive (AD) for all Rolls-Royce Deutschland Ltd & Co KG For more information about this AD, Joint Aircraft System Component (JASC) (RRD) Trent XWB–75, Trent XWB–79, Code 6200, Main Rotor System. contact Mahmood G. Shah, Aviation Safety Engineer, Fort Worth ACO Branch, FAA, Trent XWB–79B, Trent XWB–84, and (e) Reason 10101 Hillwood Pkwy., Fort Worth, TX Trent XWB–97 model turbofan engines. This AD was prompted by reports of the 76177; phone: 817–222–5538; email: This AD was prompted by the failure of the lower bearing cage of the main [email protected]. manufacturer revising the time limits
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manual (TLM) to incorporate repairs to LPC blades and introduce a new fan Figure 1 to paragraph (g)(1) or Figure 2 the low-pressure compressor (LPC) blade inspection. In the NPRM, the FAA to paragraph (g)(2) directly into their blades and introduce a new fan blade proposed to require revisions to the ALS existing approved AMP instead of inspection. This AD requires revisions of the RR Trent XWB TLM, as incorporating the respective figures into to the airworthiness limitations section applicable to each engine model, and to the existing approved AMP. (ALS) of the Rolls-Royce (RR) Trent the operator’s existing approved AMP, Request To Include Modification XWB TLM and the operator’s existing to include new or more restrictive Specifications of the Ultra Long Range approved aircraft maintenance program sections of the applicable RR Trent Operation (AMP). The FAA is issuing this AD to XWB TLM for each affected engine address the unsafe condition on these model. The FAA is issuing this AD to DAL noted that paragraph (g)(1) of the products. address the unsafe condition on these NPRM includes a proposed requirement that applies to Trent XWB–84 Ultra DATES: This AD is effective August 16, products. 2021. The European Union Aviation Safety Long Range (ULR) operation. However, Agency (EASA), which is the Technical the RR Trent XWB TLM does not define ADDRESSES: For service information Agent for the Member States of the the specification of a ULR operation. identified in this final rule, contact European Community, has issued EASA DAL commented that ULR operation Rolls-Royce plc, Corporate AD 2020–0066, dated March 23, 2020 requires modification to the airplane. Communications, P.O. Box 31, Derby, (referred to after this as ‘‘the MCAI’’), to The Trent XWB–84 can be installed on DE24 8BJ, United Kingdom; phone: +44 address the unsafe condition on these both A350–900 standard or ULR (0)1332 242424; website: https:// products. The MCAI states: operations without any modification to www.rolls-royce.com/contact-us.aspx. the engine. DAL added that the airplane You may view this service information The Airworthiness Limitations Section type certification data sheet does not at the FAA, Airworthiness Products instructions for Trent XWB engines, which specify the modification standards of a Section, Operational Safety Branch, are approved by EASA, are defined and published in TLM TRENTXWB–K0680– ULR operation. Since the TLM does not 1200 District Avenue, Burlington, MA TIME0–01. These instructions have been include any specifications of ULR 01803. For information on the identified as mandatory for continued operation and the aircraft type availability of this material at the FAA, airworthiness. Failure to accomplish these certificate data sheet does not define call (781) 238–7759. It is also available instructions could result in an unsafe this specific standard, DAL requested at https://www.regulations.gov by condition. that the FAA include the modification searching for and locating Docket No. Rolls-Royce recently revised the TLM, specifications of the ULR operation in FAA–2021–0022. introducing new and/or more restrictive instructions. the final rule. Examining the AD Docket For the reason described above, this The FAA disagrees. Although the [EASA] AD requires accomplishment of the You may examine the AD docket at airplane requires modification for ULR instructions specified in the TLM, as defined operation, the Trent XWB–84 model https://www.regulations.gov by in this AD. searching for and locating Docket No. turbofan engine does not require You may obtain further information FAA–2021–0022; or in person at Docket modification for ULR operation and can by examining the MCAI in the AD Operations between 9 a.m. and 5 p.m., be installed on a standard airplane or a docket at https://www.regulations.gov Monday through Friday, except Federal ULR airplane. The FAA did not change by searching for and locating Docket No. holidays. The AD docket contains this this AD. FAA–2021–0022. final rule, the mandatory continuing Support for the AD airworthiness information (MCAI), any Discussion of Final Airworthiness ALPA expressed support for the comments received, and other Directive Comments NPRM as written. information. The address for Docket The FAA received comments from Operations is U.S. Department of two commenters. The commenters were Conclusion Transportation, Docket Operations, M– Air Line Pilots Association, The FAA reviewed the relevant data, 30, West Building Ground Floor, Room International (ALPA) and Delta Air considered any comments received, and W12–140, 1200 New Jersey Avenue SE, Lines, Inc. (DAL). The following determined that air safety requires Washington, DC 20590. presents the comments received on the adopting this AD as proposed. FOR FURTHER INFORMATION CONTACT: NPRM and the FAA’s response to each Accordingly, the FAA is issuing this AD Scott Stevenson, Aviation Safety comment. to address the unsafe condition on these Engineer, ECO Branch, FAA, 1200 products. Except for minor editorial District Avenue, Burlington, MA 01803; Request To Revise Required Actions changes, and any other changes phone: (781) 238–7132; fax: (781) 238– DAL commented that revising the described previously, this AD is 7199; email: [email protected]. AMP to include the specific adopted as proposed in the NPRM. SUPPLEMENTARY INFORMATION: requirements contained in Figure 1 to None of the changes will increase the paragraph (g)(1) or Figure 2 to paragraph economic burden on any operator. Background (g)(2) is difficult. DAL requested that the The FAA issued a notice of proposed FAA revise paragraph (g) of this AD to Related Service Information rulemaking (NPRM) to amend 14 CFR allow incorporation of the specific The FAA reviewed Rolls-Royce part 39 by adding an AD that would language referenced in Figure 1 to Airworthiness Limitations (Mandatory apply to all RRD Trent XWB–75, Trent paragraph (g)(1) or Figure 2 to paragraph Inspections), TRENTXWB–A–05–20– XWB–79, Trent XWB–79B, Trent XWB– (g)(2) into the AMP instead of only 01–00A01–030A–D, Revision 013, dated 84, and Trent XWB–97 model turbofan allowing incorporation of the figures September 1, 2019, of the Rolls-Royce engines. The NPRM published in the into the AMP. Trent XWB TLM TRENTXWB–K0680– Federal Register on February 23, 2021 The FAA agrees and has revised Note TIME0–01, and Rolls-Royce (86 FR 10878). The NPRM was 1 to paragraph (g) of this AD to clarify Airworthiness Limitations (Mandatory prompted by the manufacturer revising that operators may choose to Inspections), TRENTXWB–B–05–20– the TLM to incorporate repairs to the incorporate the language referenced in 01–00A01–030A–D, Revision 005, dated
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April 1, 2020, of the Rolls-Royce Trent Costs of Compliance The FAA estimates the following XWB TLM TRENTXWB–K0680–TIME0– costs to comply with this AD: 01. These two sections of the TLM The FAA estimates that this AD specify inspection intervals, affects 22 engines installed on airplanes differentiated by engine model, for of U.S. registry. critical rotating parts.
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Revise the ALS of the RR Trent XWB TLM 1 work-hour × $85 per hour = $85 ...... $0 $85 $1,870 and the operator’s existing approved AMP.
Authority for This Rulemaking (2) Will not affect intrastate aviation (c) Applicability in Alaska, and Title 49 of the United States Code This AD applies to Rolls-Royce (3) Will not have a significant specifies the FAA’s authority to issue Deutschland Ltd & Co KG (RRD) (Type economic impact, positive or negative, Certificate previously held by Rolls-Royce rules on aviation safety. Subtitle I, on a substantial number of small entities plc) Trent XWB–75, Trent XWB–79, Trent section 106, describes the authority of under the criteria of the Regulatory XWB–79B, Trent XWB–84, and Trent XWB– the FAA Administrator. Subtitle VII: Flexibility Act. 97 model turbofan engines. Aviation Programs, describes in more detail the scope of the Agency’s List of Subjects in 14 CFR Part 39 (d) Subject authority. Joint Aircraft System Component (JASC) Air transportation, Aircraft, Aviation Code 7200, Engine Turbine/Turboprop. The FAA is issuing this rulemaking safety, Incorporation by reference, under the authority described in Safety. (e) Unsafe Condition Subtitle VII, Part A, Subpart III, Section Adoption of the Amendment This AD was prompted by the 44701: General requirements. Under manufacturer revising the time limits manual that section, Congress charges the FAA Accordingly, under the authority (TLM) to incorporate repairs to the low- with promoting safe flight of civil delegated to me by the Administrator, pressure compressor (LPC) blades and aircraft in air commerce by prescribing the FAA amends 14 CFR part 39 as introduce a new fan blade inspection. The regulations for practices, methods, and follows: FAA is issuing this AD to prevent the failure procedures the Administrator finds of critical rotating parts. The unsafe necessary for safety in air commerce. PART 39—AIRWORTHINESS condition, if not addressed, could result in This regulation is within the scope of DIRECTIVES failure of one or more engines, loss of thrust that authority because it addresses an control, and loss of the airplane. ■ unsafe condition that is likely to exist or 1. The authority citation for part 39 (f) Compliance develop on products identified in this continues to read as follows: rulemaking action. Comply with this AD within the Authority: 49 U.S.C. 106(g), 40113, 44701. compliance times specified, unless already Regulatory Findings § 39.13 [Amended] done. This AD will not have federalism ■ 2. The FAA amends § 39.13 by adding (g) Required Actions implications under Executive Order the following new airworthiness Within 120 days after the effective date of 13132. This AD will not have a directive: this AD, revise the Rolls-Royce (RR) Trent substantial direct effect on the States, on XWB TLM, as applicable to each engine the relationship between the national 2021–15–01 Rolls-Royce Deutschland Ltd & model, and the operator’s existing approved Co KG (Type Certificate previously held government and the States, or on the aircraft maintenance program (AMP) by by Rolls-Royce plc): Amendment 39– distribution of power and incorporating the following: 21648; Docket No. FAA–2021–0022; (1) For Trent XWB–75, Trent XWB–79, responsibilities among the various Project Identifier MCAI–2020–00395–E. levels of government. Trent XWB–79B, and Trent XWB–84 model (a) Effective Date turbofan engines, add Figure 1 to paragraph For the reasons discussed above, I (g)(1) of this AD to the airworthiness certify this AD: This airworthiness directive (AD) is effective August 16, 2021. limitations section (ALS) of RR Trent XWB (1) Is not a ‘‘significant regulatory TLM TRENTXWB–K0680–TIME0–01 and to action’’ under Executive Order 12866, (b) Affected ADs the operator’s existing approved AMP. None.
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Figure 1 to Paragraph (g)(l)
2.4.8 LP Compressor blades CSN 72311301250, refer to TRENTXWB-A-72-31-13- 02A01-300A-C Inspection interval (EFC)
Part number Standard Operation Ultra Long Range Operation
KH14304 Remove the LP Compressor Remove the LP Compressor blades and repair in blades and repair in accordance with FRSA424, accordance with FRSA424, refer to TRENTXWB-A-72- refer to TRENTXWB-A-72-31- 31-13-02A08-600A-C at 13-02A08-600A-C at every every engine refurbishment engine refurbishment where a where a Level 3 workscope Level 3 workscope or above is or above is instructed on the instructed on the HP System HP System Module. Module.
KH56535 Remove the LP Compressor Remove the LP Compressor blades and repair in blades and repair in accordance with FRSA424, accordance with FRSA424, refer to TRENTXWB-A-72- refer to TRENTXWB-A-72-31- 31-13-02A08-600A-C at 13-02A08-600A-C at every every engine refurbishment engine refurbishment where a where a Level 3 workscope Level 3 workscope or above is or above is instructed on the instructed on the HP System HP System Module. Module.
(2) For Trent XWB–97 model turbofan TRENTXWB–K0680–TIME0–01 and to the engines, add Figure 2 to paragraph (g)(2) of operator’s existing approved AMP. this AD to the ALS of RR Trent XWB TLM
Figure 2 to Paragraph (g)(2)
2.2.13 LP compressor fan blade CSN 72311301250, refer to DMC-TRENTXWB-B- 72-31-13-02A01-300A-C
Part number Interval
KH74127 Examine the fan blade leading edge at every engine refurbishment.
Note 1 to paragraph (g): Figure 1 to (i) Alternative Methods of Compliance or lacking a principal inspector, the manager paragraph (g)(1) and Figure 2 to paragraph (AMOCs) of the local flight standards district office/ (g)(2) contain language from the original (1) The Manager, ECO Branch, FAA, has certificate holding district office. equipment manufacturer’s TLM. Operators the authority to approve AMOCs for this AD, may incorporate the language referenced in (j) Related Information Figure 1 to paragraph (g)(1) or Figure 2 to if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, (1) For more information about this AD, paragraph (g)(2) directly into their AMP contact Scott Stevenson, Aviation Safety instead of adding the respective figures into send your request to your principal inspector Engineer, ECO Branch, FAA, 1200 District their AMP. or local Flight Standards District Office, as appropriate. If sending information directly Avenue, Burlington, MA 01803; phone: (781) (h) Definition to the manager of the ECO Branch, send it to 238–7132; fax: (781) 238–7199; email: For the purpose of this AD, the operator’s the attention of the person identified in [email protected]. existing approved AMP is defined as the Related Information. You may email your (2) Refer to European Union Aviation basis for which the operator or the owner request to: [email protected]. Safety Agency (EASA) AD 2020–0066, dated ensures the continuing airworthiness of each (2) Before using any approved AMOC, March 23, 2020, for more information. You operated airplane. notify your appropriate principal inspector, may examine the EASA AD in the AD docket
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at https://www.regulations.gov by searching Room W12–140, 1200 New Jersey structurally sound throughout the aging for and locating Docket No. FAA–2021–0022. Avenue SE, Washington, DC 20590. process, factors such as corrosion and • (k) Material Incorporated by Reference Hand Delivery: Deliver to Mail freezing moisture may compromise the address above between 9 a.m. and 5 None. structural integrity of some of the bond p.m., Monday through Friday, except joints. This can lead to delamination of Issued on July 6, 2021. Federal holidays. the skin from the primary structure. Gaetano A. Sciortino, For service information identified in Field reports indicate that bondline Deputy Director for Strategic Initiatives, this final rule, contact True Flight inspections are not being adequately Compliance & Airworthiness Division, Holdings LLC, 2300 Madison Highway, performed during routine inspections. Aircraft Certification Service. Valdosta, GA 31601; phone: (229) 242– The FAA has determined that a more [FR Doc. 2021–14701 Filed 7–9–21; 8:45 am] 6337; email: info@ thorough inspection is necessary to BILLING CODE 4910–13–P trueflightaerospace.com. You may view reliably identify corrosion and this service information at the FAA, delamination of bondlines in these Airworthiness Products Section, critical areas, including the horizontal DEPARTMENT OF TRANSPORTATION Operational Safety Branch, 901 Locust, stabilizer. Kansas City, MO 64106. For information This condition, if not addressed, Federal Aviation Administration on the availability of this material at the could result in reduced structural FAA, call (816) 329–4148. It is also integrity with consequent loss of control 14 CFR Part 39 available at https://www.regulations.gov of the airplane. The FAA is issuing this [Docket No. FAA–2021–0541; Project by searching for and locating Docket No. AD to address the unsafe condition on Identifier AD–2021–00453–A; Amendment FAA–2021–0541. these products. 39–21639; AD 2021–14–12] Examining the AD Docket FAA’s Determination RIN 2120–AA64 You may examine the AD docket at The FAA is issuing this AD because the agency has determined the unsafe Airworthiness Directives; True Flight https://www.regulations.gov by condition described previously is likely Holdings LLC Airplanes searching for and locating Docket No. FAA–2021–0541; or in person at Docket to exist or develop in other products of AGENCY: Federal Aviation Operations between 9 a.m. and 5 p.m., the same type design. Monday through Friday, except Federal Administration (FAA), DOT. Related Service Information Under 1 holidays. The AD docket contains this ACTION: Final rule; request for CFR Part 51 comments. final rule, any comments received, and other information. The street address for The FAA reviewed True Flight SUMMARY: The FAA is adopting a new the Docket Operations is listed above. Aerospace Service Bulletin SB–195, airworthiness directive (AD) for all True FOR FURTHER INFORMATION CONTACT: Fred Revision A, dated June 1, 2021 (True Flight Holdings LLC Models AA–1, AA– Caplan, Aviation Safety Engineer, Flight SB–195, Revision A). This service 1A, AA–1B, AA–1C, and AA–5 Atlanta ACO Branch, FAA, 1701 information specifies procedures for airplanes. This AD was prompted by the Columbia Avenue, College Park, GA inspecting the primary structure and report of an accident of an airplane 30337; phone: (404) 474–5507; fax: (404) flight controls for cracks, buckles, exhibiting bondline corrosion and 474–5606; email: frederick.n.caplan@ corrosion, delamination, rust, and delamination of the horizontal faa.gov. previous repair and repairing or stabilizers. This AD requires inspecting replacing parts and applying corrosion SUPPLEMENTARY INFORMATION: the horizontal stabilizers, including the inhibitor as necessary. bondlines, for cracks, buckles, Background This service information is reasonably corrosion, delamination, rust, and available because the interested parties The FAA received a report of an have access to it through their normal previous repair and repairing or accident involving a True Flight replacing parts and applying corrosion course of business or by the means Holdings LLC Model AA–5 airplane that identified in ADDRESSES. inhibitor as necessary. The FAA is occurred on January 19, 2021. During issuing this AD to address the unsafe flight, the outboard elevator attach Other Related Service Information condition on these products. bracket on the horizontal stabilizer The FAA also reviewed True Flight DATES: This AD is effective July 27, detached causing loss of elevator control Aerospace Service Kit 125, Revision B. 2021. and significant damage to the airplane. This service information specifies The Director of the Federal Register An investigation identified corrosion procedures for repairing bondline approved the incorporation by reference and delamination of the airplane skin delamination of flight controls and of a certain publication listed in this AD bondlines around the area of the structures. as of July 27, 2021. horizontal stabilizer where the elevator The FAA must receive comments on attach bracket was attached. Multiple AD Requirements this AD by August 26, 2021. field reports have identified additional This AD requires accomplishing the ADDRESSES: You may send comments, instances of corrosion and delamination actions specified in the service using the procedures found in 14 CFR of skin bondlines around the horizontal information already described, except as 11.43 and 11.45, by any of the following stabilizer and other primary structures. discussed under ‘‘Differences Between methods: All Models AA–1, AA–1A, AA–1B, the AD and the Service Information.’’ • Federal eRulemaking Portal: Go to AA–1C, and AA–5 Traveler airplanes https://www.regulations.gov. Follow the have horizontal stabilizers that are Differences Between the AD and the instructions for submitting comments. similar in design and use the same Service Information • Fax: (202) 493–2251. attachment method for the elevators. True Flight SB–195, Revision A • Mail: U.S. Department of The affected airplanes are constructed applies to Models AA1, AA–1A, AA– Transportation, Docket Operations, using a metal-to-metal bonding process. 1B, AA–1C, AA5, AA–5A, and AA–5B M–30, West Building Ground Floor, While the bond adhesive remains airplanes. However, this AD only
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applies to Models AA–1, AA–1A, AA– hours time-in-service or before the next Confidential Business Information 1B, AA–1C, and AA–5 airplanes. Also, 100 hour or annual inspection, this AD only requires the Part B whichever occurs first, a time period of CBI is commercial or financial inspection and repair from True Flight up to 3 months based on the average information that is both customarily and SB–195, Revision A. Actions for the utilization rate of these airplanes. This actually treated as private by its owner. airplanes not affected by this AD are time period is shorter than the time Under the Freedom of Information Act specified in Part A of True Flight SB– necessary for the public to comment and (FOIA) (5 U.S.C. 552), CBI is exempt 195, Revision A, thus the reason for for publication of the final rule. from public disclosure. If your reduced applicability. In addition, True Accordingly, notice and opportunity for comments responsive to this AD contain Flight SB–195, Revision A, specifies a prior public comment are impracticable commercial or financial information reporting requirement, but this AD does and contrary to the public interest that is customarily treated as private, not. pursuant to 5 U.S.C. 553(b)(3)(B). that you actually treat as private, and In addition, the FAA finds that good that is relevant or responsive to this AD, Justification for Immediate Adoption cause exists pursuant to 5 U.S.C. 553(d) it is important that you clearly designate and Determination of the Effective Date for making this amendment effective in the submitted comments as CBI. Please Section 553(b)(3)(B) of the less than 30 days, for the same reasons mark each page of your submission Administrative Procedure Act (APA) (5 the FAA found good cause to forego containing CBI as ‘‘PROPIN.’’ The FAA U.S.C. 551 et seq.) authorizes agencies notice and comment. will treat such marked submissions as confidential under the FOIA, and they to dispense with notice and comment Comments Invited procedures for rules when the agency, will not be placed in the public docket The FAA invites you to send any for ‘‘good cause,’’ finds that those of this AD. Submissions containing CBI written data, views, or arguments about should be sent to Fred Caplan, Aviation procedures are ‘‘impracticable, this final rule. Send your comments to unnecessary, or contrary to the public Safety Engineer, Atlanta ACO Branch, an address listed under ADDRESSES. interest.’’ Under this section, an agency, FAA, 1701 Columbia Avenue, College Include ‘‘Docket No. FAA–2021–0541 Park, GA 30337. Any commentary that upon finding good cause, may issue a and Project Identifier AD–2021–00453– final rule without providing notice and the FAA receives which is not A’’ at the beginning of your comments. specifically designated as CBI will be seeking comment prior to issuance. The most helpful comments reference a Further, section 553(d) of the APA placed in the public docket for this specific portion of the final rule, explain rulemaking. authorizes agencies to make rules the reason for any recommended effective in less than thirty days, upon change, and include supporting data. Regulatory Flexibility Act a finding of good cause. The FAA will consider all comments An unsafe condition exists that The requirements of the Regulatory received by the closing date and may Flexibility Act (RFA) do not apply when requires the immediate adoption of this amend this final rule because of those AD without providing an opportunity an agency finds good cause pursuant to comments. 5 U.S.C. 553 to adopt a rule without for public comments prior to adoption. Except for Confidential Business prior notice and comment. Because FAA The FAA has found that the risk to the Information (CBI) as described in the has determined that it has good cause to flying public justifies foregoing notice following paragraph, and other adopt this rule without prior notice and and comment prior to adoption of this information as described in 14 CFR rule because cracks, buckles, corrosion, 11.35, the FAA will post all comments comment, RFA analysis is not required. delamination, rust, and previous repair received, without change, to https:// Costs of Compliance of the horizontal stabilizers could result www.regulations.gov, including any in reduced integrity and lead to loss of personal information you provide. The The FAA estimates that this AD control of the airplane. Additionally, the agency will also post a report affects 1,113 airplanes of U.S. registry. compliance time for the inspection of summarizing each substantive verbal The FAA estimates the following the horizontal stabilizers is within 25 contact received about this final rule. costs to comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Inspection for delamination and 3 work-hours × $85 per hour = Not applicable ...... $255 $283,815 corrosion. $255.
The FAA estimates the following would be required based on the results way of determining the number of costs to do any necessary repairs that of the inspection. The agency has no airplanes that might need these repairs:
ON-CONDITION COSTS
Cost per Action Labor cost Parts cost product
Installation of rivets and repair of bondlines of the 8 work-hours × $85 per hour = $680 ...... $115 $795 horizontal stabilizers. Treatment of inside of the horizontal stabilizers with 1 work-hour × $85 per hour = $85 ...... 104 189 corrosion inhibitor.
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Authority for This Rulemaking (a) Effective Date (2) Before using any approved AMOC, notify your appropriate principal inspector, Title 49 of the United States Code This airworthiness directive (AD) is effective July 27, 2021. or lacking a principal inspector, the manager specifies the FAA’s authority to issue of the local flight standards district office/ rules on aviation safety. Subtitle I, (b) Affected ADs certificate holding district office. section 106, describes the authority of None. the FAA Administrator. Subtitle VII: (k) Related Information Aviation Programs describes in more (c) Applicability For more information about this AD, detail the scope of the Agency’s This AD applies to True Flight Holdings contact Fred Caplan, Aviation Safety authority. LLC Models AA–1, AA–1A, AA–1B, AA–1C, Engineer, Atlanta ACO Branch, FAA, 1701 The FAA is issuing this rulemaking and AA–5 airplanes, all serial numbers, Columbia Avenue, College Park, GA 30337; certificated in any category. phone: (404) 474–5507; fax: (404) 474–5606; under the authority described in email: [email protected]. Subtitle VII, Part A, Subpart III, Section (d) Subject (l) Material Incorporated by Reference 44701: General requirements. Under Joint Aircraft System Component (JASC) that section, Congress charges the FAA Code: 5512, Horizontal Stabilizer, Plate/Skin; (1) The Director of the Federal Register with promoting safe flight of civil 5522, Elevator, Plates/Skin Structure. approved the incorporation by reference aircraft in air commerce by prescribing (IBR) of the service information listed in this regulations for practices, methods, and (e) Unsafe Condition paragraph under 5 U.S.C. 552(a) and 1 CFR procedures the Administrator finds This AD was prompted by corrosion and part 51. (2) You must use this service information necessary for safety in air commerce. delamination of the horizontal stabilizer bondlines. The FAA is issuing this AD to as applicable to do the actions required by This regulation is within the scope of this AD, unless the AD specifies otherwise. that authority because it addresses an detect and address cracks, buckles, corrosion, delamination, rust, and previous repair of the (i) True Flight Aerospace Service Bulletin unsafe condition that is likely to exist or horizontal stabilizers. The unsafe condition, SB–195, Revision A, dated June 1, 2021. develop on products identified in this if not addressed, could result in reduced (ii) [Reserved] rulemaking action. structural integrity with consequent loss of (3) For True Flight Aerospace service control of the airplane. information identified in this AD, contact Regulatory Findings True Flight Holdings LLC, 2300 Madison This AD will not have federalism (f) Compliance Highway, Valdosta, GA 31601; phone: (229) implications under Executive Order Comply with this AD within the 242–6337; email: info@ 13132. This AD will not have a compliance times specified, unless already trueflightaerospace.com. done. (4) You may view this service information substantial direct effect on the States, on at the FAA, Policy and Innovation Division, the relationship between the national (g) Inspection of Bondlines of the Horizontal 901 Locust, Kansas City, MO 64106. For government and the States, or on the Stabilizers information on the availability of this distribution of power and Within the next 25 hours time-in-service or material at the FAA, call (816) 329–4148. responsibilities among the various at the next scheduled 100 hour or annual (5) You may view this service information levels of government. inspection after the effective date of this AD, that is incorporated by reference at the For the reasons discussed above, I whichever occurs first, inspect the horizontal National Archives and Records certify that this AD: stabilizers, paying particular attention to the Administration (NARA). For information on (1) Is not a ‘‘significant regulatory bondlines, for cracks, buckles, corrosion, the availability of this material at NARA, action’’ under Executive Order 12866, delamination, rust, and previous repair in email: [email protected], or go to: accordance with paragraphs 1. and 3. of Part https://www.archives.gov/federal-register/cfr/ and ibr-locations.html. (2) Will not affect intrastate aviation B of True Flight Aerospace Service Bulletin in Alaska. SB–195, Revision A, dated June 1, 2021 (True Issued on June 25, 2021. Flight SB–195, Revision A). If there is any Lance T. Gant, List of Subjects in 14 CFR Part 39 crack, buckle, corrosion, delamination, rust, Director, Compliance & Airworthiness Air transportation, Aircraft, Aviation or previous repair, before further flight, repair or replace the affected part in Division, Aircraft Certification Service. safety, Incorporation by reference, accordance with paragraphs 1.c. and 2. [FR Doc. 2021–14687 Filed 7–9–21; 8:45 am] Safety. through 4. of True Flight SB–195, Revision A, BILLING CODE 4910–13–P The Amendment as applicable. (h) No Reporting Requirement Accordingly, under the authority DEPARTMENT OF TRANSPORTATION delegated to me by the Administrator, True Flight SB–195, Revision A specifies the FAA amends 14 CFR part 39 as notifying True Flight Holdings LLC of Federal Aviation Administration follows: compliance with the service bulletin; however, this AD does not contain that 14 CFR Parts 61 and 141 PART 39—AIRWORTHINESS requirement. [Docket No.: FAA–2021–0592] DIRECTIVES (i) Special Flight Permit ■ 1. The authority citation for part 39 A special flight permit is prohibited. Notification of Policy for Flight continues to read as follows: (j) Alternative Methods of Compliance Training in Certain Aircraft (AMOCs) Authority: 49 U.S.C. 106(g), 40113, 44701. AGENCY: Federal Aviation (1) The Manager, Atlanta ACO Branch, Administration (FAA), Department of § 39.13 [Amended] FAA, has the authority to approve AMOCs Transportation (DOT). ■ for this AD, if requested using the procedures 2. The FAA amends § 39.13 by adding ACTION: Notification of policy. the following new airworthiness found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your SUMMARY directive: principal inspector or local Flight Standards : This notification provides 2021–14–12 True Flight Holdings LLC: District Office, as appropriate. If sending clarification on flight training for Amendment 39–21639; Docket No. information directly to the manager of the compensation in certain aircraft that FAA–2021–0541; Project Identifier AD– certification office, send it to the attention of hold special airworthiness certificates 2021–00453–A. the person identified in Related Information. including limited category,
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experimental category, and primary a statement explaining the impact of the legal interpretation 3 and restated in the category aircraft. It also provides decision and providing clarification Warbirds case is that a flight instructor guidance on how flight training for regarding flight training in general and who is operating (i.e. ‘‘using’’) a limited compensation can be accomplished in flight training for compensation in category aircraft that is carrying a these aircraft in compliance with certain aircraft that hold special person (e.g. the person receiving regulations and establishes a process for airworthiness certificates.2 The FAA is instruction) for compensation (e.g. owners of experimental aircraft to issuing this notification in response to monetary payment) is acting contrary to obtain a letter of deviation authority to the request from industry. the regulation.4 receive and provide compensation for The regulations governing other II. FAA Regulations and Guidance flight training in their experimental categories of aircraft (experimental aircraft. A. Pilot Requirements and Operating aircraft in § 91.319 and primary category aircraft in § 91.325) include the same DATES: Requirements The policy described herein is language as the prohibition in § 91.315. effective July 12, 2021. The requirements for a person The prohibitions in §§ 91.319 and FOR FURTHER INFORMATION CONTACT: For exercising the privileges of a pilot 91.325 that mirror the language in technical questions concerning this certificate or a flight instructor § 91.315 must be read to have the same policy notification, contact Erin Cappel certificate are generally contained in 14 meaning.5 As such, a flight instructor for information about Letters of CFR part 61. These regulations govern providing flight training in one of these Deviation Authority and Thomas (TJ) what is required to ‘‘act as pilot in categories of aircraft for compensation is Leahy for information about exemption, command,’’ ‘‘serve as a required acting contrary to the regulations absent General Aviation and Commercial flightcrew member,’’ or ‘‘conduct flight a letter of deviation authority (LODA), if Division, General Aviation Operations training in an aircraft.’’ The regulations applicable, or exemption. Branch, (202) 267–1100, or email 9-AFS- in 14 CFR part 91 by contrast contain [email protected], 800 operating requirements that govern how B. FAA Guidance on Flight Training for Independence Ave. SW, Washington, the aircraft itself may be operated. The Compensation in Experimental Aircraft DC 20591. term ‘‘operate’’ is broadly defined in 14 FAA Order 8900.1 contains guidance SUPPLEMENTARY INFORMATION: CFR 1.1 as ‘‘use, cause to use or for FAA inspectors that indicates that authorize to use aircraft, for the purpose flight training in an experimental I. Background (except as provided in § 91.13 of this aircraft for compensation is permissible On April 2, 2021, the United States chapter) of air navigation including the without a LODA under certain Court of Appeals for the District of piloting of aircraft, with or without the circumstances.6 The guidance states that Columbia Circuit dismissed a petition right of legal control (as owner, lessee, flight instructors may receive for review of the FAA’s emergency cease or otherwise).’’ As such, the compensation for providing flight and desist order against Warbird determination of whether someone is training in an experimental aircraft but Adventures, Inc. and Thom Richard operating an aircraft is not contingent may not receive compensation for the (hereinafter ‘‘Warbirds’’), ordering that on ownership, flightcrew status, or the use of the aircraft in which they provide they cease and desist from operating receipt of payment for the use of the that flight training unless they obtain a their limited category aircraft in aircraft. LODA issued under § 91.319(h). violation of § 91.315 of title 14 of the Although a person may hold the Likewise, the guidance states that Code of Federal Regulations (14 CFR). In appropriate privileges ‘‘to act as pilot in owners of experimental aircraft may this case, Warbirds maintained a command’’ or ‘‘conduct flight training’’ receive and provide compensation for publicly available website that under part 61, the regulations in part 91 flight training in their aircraft without a advertised opportunities to fly in may restrict the exercise of those LODA, but owners may not receive Warbirds’ limited category aircraft at privileges in a particular category of compensation for the use of their upcoming airshows and allowed aircraft under certain conditions, such aircraft for flight training except in members of the public to book flights in as operations conducted for 3 FAA Legal Interpretation to Gregory Morris exchange for substantial amounts of compensation or hire. As defined, the (October 7, 2014). The Morris Interpretation money. Section 91.315 states that no term ‘‘operate’’ has broader meaning concluded, inter alia, that § 91.315 ‘‘does not set person may operate a limited category than the general terms used in part 61 forth any exceptions for providing flight training for aircraft carrying persons or property for that address ‘‘acting as pilot in hire in a limited category aircraft’’ and that ‘‘the only way to provide such training is pursuant to an compensation or hire. command’’ or ‘‘exercising the exemption from this section of the regulations’’ Before the Court, Warbirds argued privileges’’ of a particular pilot following the procedures of 14 CFR part 11. that it was conducting flight training for certificate. A person may be considered 4 Given the broad definition of ‘‘operate’’ in § 1.1, compensation in its limited category to ‘‘operate’’ an aircraft under the § 1.1 both the owner of a limited category aircraft seeking aircraft, which it claimed is not definition without serving as a required flight training and the flight instructor providing 1 the training are considered to be operating the prohibited under § 91.315. The FAA flightcrew member or manipulating the aircraft. The FAA notes that the term ‘‘operate’’ has responded that, under the plain controls of the aircraft. a different meaning from the term ‘‘operational language of § 91.315, flight training for As noted, under § 91.315, no person control,’’ which is defined in § 1.1 as ‘‘the exercise compensation constitutes operating a of authority over initiating, conducting or may operate a limited category aircraft terminating a flight.’’ limited category aircraft carrying a carrying persons or property for 5 Consistent with the position for limited category person for compensation or hire and, compensation or hire. Based on the aircraft, FAA Order 8900.1 addresses the therefore, is a violation of the plain language of the regulation, the prohibition against the operation of an experimental regulation. After the Court dismissed aircraft to carry persons or property for FAA’s position as represented in a 2014 compensation or hire. It acknowledges that the the petition for review, several industry restriction ‘‘prohibits the widespread use of groups requested that the FAA publish 2 On April 19, 2021, AOPA, EAA, and GAMA experimental aircraft for flight training for sent a joint letter to Ali Bahrami, then Associate compensation or hire.’’ FAA Order 8900.1, Vol. 3, 1 The FAA has not conceded that the flights being Administrator for Aviation Safety. A copy of this Chpt. 11, sec. 1, para. 3–293. operated by Warbirds were for the purpose of flight letter and the response has been placed in the 6 FAA Order 8900.1, Vol. 3, Chpt. 11, sec. 1, para. training. docket for this notification. 3–292.
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accordance with a LODA issued under the deviation requested. The FAA experimental aircraft. These LODAs will § 91.319(h).7 generally limits LODAs to training that prohibit owners and flight instructors The distinction set forth in FAA can only be accomplished in aircraft from receiving compensation for any Order 8900.1 is inconsistent with the with experimental certificates and other use of the aircraft in which the definition of ‘‘operate’’ in § 1.1 and the directs its inspectors that, with a few flight training is provided. plain language of § 91.319. Where a exceptions, LODAs should not be issued To obtain a LODA, owners of regulation and guidance conflict, the to permit flight training in experimental experimental aircraft and flight regulation controls.8 Accordingly, aircraft leading toward the issuance of a instructors providing flight training in owners of experimental aircraft and pilot certificate, rating, or operating experimental aircraft may submit a flight instructors who have operated privilege. request to the following email address: experimental aircraft for the purpose of As discussed, FAA guidance [email protected]. Applicants compensated flight training without incorrectly indicates that no LODA is seeking a LODA through this process obtaining a LODA (as allowed by FAA necessary if the owner of an must provide the following information: guidance) will be required to obtain a experimental aircraft provides • Name LODA to remain compliant with the compensation for flight training in the • Address regulations. owner’s own aircraft and no • Email address compensation is provided for the use of III. Process for Compliance • Pilot Certificate Number the aircraft itself. The FAA will update • Flight instructor certificate number (if The FAA acknowledges that the the guidance to align with the applying as a Certificated Flight disconnect between the regulations and regulation, as previously discussed. To Instructor (CFI)) the guidance to inspectors has created mitigate disruption for this type of flight • Aircraft Registration Number (if confusion in industry. The FAA also training, which has been allowed under applying as an owner) recognizes the value of specialized flight FAA guidance and is viewed as an • Aircraft make/model in which you training in aircraft that hold special increased safety measure for pilots who will receive or provide instruction airworthiness certificates under certain regularly fly these aircraft, the FAA has • Aircraft home base airport (if applying conditions. This section provides developed an interim process to issue as an owner) guidance to owners of affected aircraft LODAs to the owners of experimental and flight instructors seeking to conduct aircraft and flight instructors that will The FAA will review the information flight training for compensation in these permit flight training for compensation submitted and issue a LODA (via email) aircraft. in experimental aircraft when no that reflects the conditions and compensation is provided for the use of limitations contained in this A. Experimental Category Aircraft the aircraft. notification, as well any additional In general, the FAA places limitations The FAA finds that, for owners of limitations required in accordance with on the use of aircraft that hold experimental aircraft seeking flight § 91.319(h) and (i). experimental airworthiness certificates training in the aircraft they will Individuals seeking to provide flight because the airworthiness certification regularly fly in the national airspace, the training and receive compensation for requirements for these aircraft impose standard under § 91.319(h)(2) for both the flight training and the use of no standard and pose unique granting a LODA has been met. The the aircraft must continue to apply for operational risk to the national airspace FAA has long emphasized the LODAs through their local FSDOs. system. FAA regulations and guidance importance of pilots being trained and B. Limited Category and Primary direct that, for most training, pilots checked in the aircraft they will operate. Category Aircraft should use a standard category aircraft Specifically, it is critical that pilots to accomplish training rather than understand and are familiar with the Section 91.315 does not permit an aircraft that hold special airworthiness particular systems, procedures, individual to obtain deviation authority certificates. operating characteristics, and to conduct flight training for Section 91.319(h), however, permits a limitations of the aircraft they will compensation or hire in a limited person to apply for deviation authority operate. This flight training is distinct category aircraft. Therefore, as to conduct flight training in an from a situation where an aircraft with explained in the 2014 legal experimental aircraft. Currently, a special airworthiness certificate is interpretation, the only way to provide individuals seeking to provide flight ‘‘held out’’ broadly for training to flight training for compensation in a training and receive compensation for individuals who pay for both the flight limited category aircraft is pursuant to both the flight training and the use of training and the use of an aircraft that an exemption from the regulation. the experimental aircraft must submit they will not have further access to Because there is no deviation authority an application package to the Flight upon completion of LODA training. It is in § 91.325 for primary category aircraft, Standards District Office (FSDO) in the also distinct from flight training that can the owners of these aircraft and flight district in which the training will take be accomplished effectively and safely instructors seeking to conduct flight place. Under § 91.319(h)(2), a request for in a standard category aircraft. training for compensation must likewise deviation authority must contain a The FAA will accept requests for a obtain an exemption from the complete description of the proposed LODA electronically from an owner of regulation. operation and justification that an experimental aircraft or flight As with the process for issuing establishes a level of safety equivalent to instructor who chooses to conduct LODAs to owners and flight instructors, that provided under the regulations for training in experimental aircraft. the FAA will consider adopting a fast- LODAs, once issued, will define the track exemption process for owners of 7 Although there is no written guidance for scope of the flight training activity so limited category and primary category limited category and primary category aircraft, the that owners of experimental aircraft may aircraft seeking to conduct flight FAA has applied the same approach to flight receive and provide compensation for training for compensation in these training for compensation in limited category and primary category aircraft. flight training in their aircraft, as well as aircraft. As with experimental category 8 The FAA will revise the guidance in the 8900.1 permit flight instructors to receive aircraft, the FAA will consider granting to reflect the requirements in the regulation. compensation for flight training in an relief for flight training operations when
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compensation is provided solely for the under forty-three entries to the Entity Committee (ERC) to be ‘military end flight training and not the use of the List. These thirty-four entities have been users’ pursuant to § 744.21 of the EAR. aircraft. determined by the U.S. Government to That section imposes additional license The FAA notes that any operator of a be acting contrary to the foreign policy requirements on, and limits the limited category aircraft that holds an interests of the United States and will be availability of, most license exceptions exemption to conduct Living History of listed on the Entity List under the for, exports, reexports, and transfers (in- Flight (LHFE) operations already holds destinations of Canada; People’s country) to listed entities on the MEU the necessary exemption relief to Republic of China (China); Iran; List, as specified in supplement no. 7 to conduct flight training for its flightcrew Lebanon; Netherlands (The part 744 and § 744.21 of the EAR. members. LHFE exemptions grant relief Netherlands); Pakistan; Russia; Entities may be listed on the MEU List Singapore; South Korea; Taiwan; to the extent necessary to allow the under the destinations of Burma, China, exemption holder to operate certain Turkey; the United Arab Emirates Russia, or Venezuela. The license aircraft for the purpose of carrying (UAE); and the United Kingdom. This review policy for each listed entity is persons for compensation or hire for final rule also revises one entry on the identified in the introductory text of living history flight experiences. As a Entity List under the destination of condition of these exemptions, the China. This final rule also removes one supplement no. 7 to part 744 and in operators must provide regular flight entry from the Entity List under the § 744.21(b) and (e). The MEU List training and checking to flightcrew destination of Germany. This final rule includes introductory text, which members. As such, these flight training removes one entity from the Unverified specifies the scope of the license operations are considered necessary for List, as a conforming change to this requirements, limitations on the use of the operator to conduct the LHFE flights same entity being added to the Entity EAR license exceptions, and the license themselves.9 The FAA will clarify this List. In addition, this final rule amends review policy that applies to the relief when operators apply for renewal the EAR by adding one entity to the entities. These requirements are also of their LHFE exemptions. Military End-User (MEU) List under the reflected in § 744.21, but for ease of For the safety reasons set forth in this destination of Russia. reference, these are also included in the notification, the FAA is considering a DATES: This rule is effective July 12, introductory text of the supplement. rulemaking that would enable the flight 2021. The Unverified List, found in training activity discussed in this FOR FURTHER INFORMATION CONTACT: supplement no. 6 to part 744 of the notification without the need to obtain Chair, End-User Review Committee, EAR, contains the names and addresses an exemption or LODA from the FAA. Office of the Assistant Secretary for of foreign persons who are or have been Issued in Washington, DC. Export Administration, Bureau of parties to a transaction, as such parties Ricardo Domingo, Industry and Security, Department of are described in § 748.5 of the EAR, Executive Director, Flight Standards Service, Commerce, Phone: (202) 482–5991, involving the export, reexport, or AFX–1. Email: [email protected]. transfer (in-country) of items subject to [FR Doc. 2021–14765 Filed 7–8–21; 8:45 am] SUPPLEMENTARY INFORMATION: the EAR, and whose bona fides BIS has BILLING CODE 4910–13–P Background been unable to verify through an end- use check. BIS may add persons to the The Entity List (supplement no. 4 to Unverified List when BIS or federal part 744 of the EAR) identifies entities DEPARTMENT OF COMMERCE officials acting on BIS’s behalf have for which there is reasonable cause to been unable to verify a foreign person’s Bureau of Industry and Security believe, based on specific and articulable facts, that the entities have bona fides because an end-use check, such as a pre-license check or a post- 15 CFR Part 744 been involved, are involved, or pose a significant risk of being or becoming shipment verification, cannot be [Docket No. 210702–0143] involved in activities contrary to the completed satisfactorily for reasons RIN 0694–AI57 national security or foreign policy outside the U.S. Government’s control. interests of the United States. The EAR The ERC, composed of representatives Addition of Certain Entities to the (15 CFR parts 730–774) impose of the Departments of Commerce Entity List; Revision of Existing Entry additional license requirements on, and (Chair), State, Defense, Energy and, on the Entity List; Removal of Entity limit the availability of most license where appropriate, the Treasury, makes From the Unverified List; and Addition exceptions for, exports, reexports, and all decisions regarding additions to, of Entity to the Military End-User (MEU) transfers (in-country) to listed entities. removals from, or other modifications to List The license review policy for each listed the Entity List and MEU List. The ERC entity is identified in the ‘‘License AGENCY: Bureau of Industry and makes all decisions to add an entry to Review Policy’’ column on the Entity Security, Commerce. the Entity List and MEU List by majority List, and the impact on the availability vote and makes all decisions to remove ACTION: Final rule. of license exceptions is described in the or modify an entry by unanimous vote. relevant Federal Register document SUMMARY: This final rule amends the In addition, when an entity listed on the adding entities to the Entity List. BIS Export Administration Regulations Unverified List is being added to the (EAR) by adding thirty-four entities places entities on the Entity List pursuant to part 744 (Control Policy: Entity List based on a majority vote of End-User and End-Use Based) and part the ERC, the ERC’s determination to add 9 The FAA cautions, however, that LHFE that entity to the Entity List constitutes exemptions do not permit operators to allow 746 (Embargoes and Other Special passengers on LHFE flights to manipulate the Controls) of the EAR. interagency approval for a conforming controls of the aircraft under the guise of flight The ‘Military End-User’ (MEU) List change to remove the same entity from training. The flight training relief extends only to the Unverified List in supplement no. 6 the LHFE operator’s own flightcrew members for (supplement no. 7 to part 744 of the the purpose of training those individuals to conduct EAR) identifies entities that have been to part 744 of the EAR. LHFE flights. determined by the End-User Review
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ERC Entity List Decisions violations and abuses in the the EAR. For thirteen of the thirty-four implementation of China’s campaign of entities, which constitute thirteen of the Additions to the Entity List repression, mass detention, and high- fourteen XUAR-related entities, added This rule implements the decision of technology surveillance against to the Entity List by this rule, China the ERC to add thirty-four entities under Uyghurs, Kazakhs, and other members Academy of Electronics and Information forty-three entries to the Entity List. The of Muslim minority groups in the Technology; Xinjiang Lianhai thirty-four entities are added based on Xinjiang Uyghur Autonomous Region Chuangzhi Information Technology Co. § 744.11 (License requirements that (XUAR). Ltd.; Leon Technology Co. Ltd.; Xinjiang apply to entities acting contrary to the The ERC determined to add Hangzhou Tangli Technology Co. Ltd.; Shenzhen national security or foreign policy Hualan Microelectronics Co., Ltd. and Cobber Information Technology Co. interests of the United States) of the Kyland Technology Co., Ltd.; along with Ltd.; Xinjiang Sailing Information EAR. The thirty-four entities are located Kyland subsidiaries Armyfly and Technology Co. Ltd.; Beijing Geling in Canada; China; Iran; Lebanon; the Kindroid, for activities contrary to the Shentong Information Technology Co. Netherlands; Pakistan; Russia; national security and foreign policy of Ltd.; Tongfang R.I.A. Co. Ltd.; Shenzhen Singapore; South Korea; Taiwan; the United States. Specifically, the ERC Hua’antai Intelligent Technology Co. Turkey; the UAE; and the United determined that these entities are Ltd.; Chengdu Xiwu Security System Kingdom. Of the forty-three entries, two acquiring and are attempting to acquire Alliance Co. Ltd.; Beijing Sinonet are located in Canada, twenty-three are U.S.-origin items in support of military Science & Technology Co. Ltd.; Urumqi located in China, two are located in modernization for the People’s Tianyao Weiye Information Technology Iran, two are located in Lebanon, one is Liberation Army. Service Co. Ltd.; and Xinjiang Beidou located in the Netherlands, one is The ERC determined to add Wuhan Tongchuang Information Technology located in Pakistan, six are located in Raycus Fiber Laser Technologies Co., Co. Ltd., BIS imposes a license review Russia, one is located in Singapore, one Ltd. to the Entity List for engaging in policy of case-by-case review for Export is located in South Korea, one is located conduct that poses a risk of violating the Control Classification Numbers (ECCNs) in Taiwan, one is located in Turkey, one EAR. Specifically, the ERC determined 1A004.c, 1A004.d, 1A995, 1A999.a, is located in the UAE, and one is located this entity has potentially been involved 1D003, 2A983, 2D983, and 2E983, for in the United Kingdom. Five entities are in the procurement of U.S.-origin items EAR99 items described in the Note to listed under multiple destinations, for unauthorized military end-use. ECCN 1A995, and for items necessary to accounting for the difference between The ERC determined to add Beijing detect, identify, and treat infectious the number of entities and number of Hileed Solutions Co., Ltd.; Beijing disease, with a presumption of denial entries in this final rule. E-Science Co., Ltd.; Info Rank for all other items subject to the EAR. The ERC determined to add Karim Technologies; and Wingel Zhang to the For one of the fourteen XUAR-related Daadaa; Modern Agropharmaceuticals & Entity List for exporting and attempting entities, Suzhou Keda Technology Co., Trade Establishment; Payam Nabavi; to export items subject to the EAR to an Ltd., added to the Entity List by this and Sina Biomedical Chemistry entity on the U.S. Department of the rule, BIS imposes a license requirement Company to the Entity List for engaging Treasury’s Office of Foreign Asset for all items subject to the EAR and a in conduct contrary to the national Control Specially-Designated Nationals license review policy of presumption of security and foreign policy interests of List without the necessary licenses. denial for all items subject to the EAR, the United States. Specifically, the ERC The ERC determined to add OOO given this entity’s additional determined that there is reasonable Teson; the Radiant Group of Companies; relationship with military end-users. cause to believe, based on specific and OOO Trade-Component; and the three For the remaining eighteen of the thirty- articulable facts, that these entities associated individuals, Andrey four entities described above that are facilitated the export of U.S. items to Leonidovich Kuznetsov, Margarita being added to the Entity List, BIS Iran in violation of the EAR. Vasilyevna Kuznetsova, and Dmitry imposes a license requirement for all The ERC determined to add China Alexandrovich Kravchenko, on the basis items subject to the EAR and a license Academy of Electronics and Information of their attempts to procure items, review policy of presumption of denial Technology; Xinjiang Lianhai including U.S.-origin items, for for all items subject to the EAR. Chuangzhi Information Technology Co., activities contrary to the national For all thirty-four entities, the license Ltd.; Leon Technology Co., Ltd.; security and foreign policy interests of requirements apply to any transaction in Xinjiang Tangli Technology Co., Ltd.; the United States. Specifically, OOO which items are to be exported, Shenzhen Cobber Information Teson, the Radiant Group of Companies, reexported, or transferred (in country) to Technology Co., Ltd.; Xinjiang Sailing and OOO Trade-Component are any of the entities or in which such Information Technology Co., Ltd.; involved in the procurement of U.S.- entities act as purchaser, intermediate Beijing Geling Shentong Information origin electronic components likely in consignee, ultimate consignee, or end Technology Co., Ltd.; Tongfang R.I.A. furtherance of Russian military user. In addition, no license exceptions Co., Ltd.; Shenzhen Hua’antai programs. are available for exports, reexports, or Intelligent Technology Co., Ltd.; The ERC determined that TEM transfers (in-country) to the entities Chengdu Xiwu Security System International FZC is involved in being added to the Entity List in this Alliance Co., Ltd.; Beijing Sinonet proliferation to unsafeguarded nuclear rule. The acronym ‘‘a.k.a.,’’ which is an Science & Technology Co., Ltd.; Urumqi activities that are contrary to the abbreviation of ‘also known as’ is used Tianyao Weiye Information Technology national security and/or foreign policy in entries on the Entity List to identify Service Co., Ltd.; Suzhou Keda interests of the United States. aliases, thereby assisting exporters, Technology Co., Ltd.; and Xinjiang reexporters, and transferors in Beidou Tongchuang Information License Review Policy identifying entities on the Entity List. Technology Co., Ltd. to the Entity List For one entity—TEM International For the reasons described above, this for enabling activities contrary to the FZC—BIS imposes the license review final rule adds the following thirty-four foreign policy interests of the United policy set forth in § 744.2(d) entities under forty-three entries to the States. Specifically, these entities have (restrictions on certain nuclear end- Entity List and includes, where been implicated in human rights uses) of the EAR for all items subject to appropriate, aliases:
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Canada South Korea addition of TEM International FZC to • Karim Daadaa; and • Suzhou Keda Technology Co., Ltd. the Entity List, removes TEM • International FZC from the Unverified Modern Agropharmaceuticals & Taiwan Trade Establishment. List in supplement no. 6 to part 744. • Hangzhou Hualan Microelectronics The EAR does not prohibit the listing of China, People’s Republic of Co., Ltd. entities on the Unverified List and • Entity List at the same time. However, Armyfly; Turkey • Beijing E-science Co., Ltd.; as a matter of policy, BIS intends to • • Beijing Geling Shentong Suzhou Keda Technology Co., Ltd. remove any entity from the Unverified Information Technology Co., Ltd.; United Arab Emirates List when the ERC makes a • determination that the same entity Beijing Hileed Solutions Co., Ltd.; • • Beijing Sinonet Science & TEM International FZC. warrants being included on the more Technology Co., Ltd.; United Kingdom restrictive Entity List. In order to ensure • Chengdu Xiwu Security System • there is no gap in coverage between China Academy of Electronics and these two EAR lists, the addition of an Alliance Co., Ltd.; Information Technology. • China Academy of Electronics and entity to the Entity List and the removal Information Technology; Removals From the Entity List from the Unverified List will occur in • Hangzhou Hualan Microelectronics This rule implements a decision of the same rule whenever this scenario Co., Ltd.; the ERC to remove ‘‘Maintenance occurs. • Info Rank Technologies; Services International (MSI) GmbH,’’ • ERC MEU List Decisions Kindroid; one entity located in Germany, from the • Kyland Technology Co., Ltd.; Entity List, on the basis of a removal Addition to the MEU List • Leon Technology Co., Ltd.; Under § 744.21(b) of the EAR, BIS • request. The entry for Maintenance Shenzhen Cobber Information Services International (MSI) GmbH was may inform persons either individually Technology Co., Ltd.; • added to the Entity List on December by specific notice, through amendment Shenzhen Hua’antai Intelligent 22, 2020 (85 FR 83416). The ERC to the EAR published in the Federal Technology Co., Ltd.; • decided to remove this entry based on Register, or through a separate notice Suzhou Keda Technology Co., Ltd.; information BIS received pursuant to published in the Federal Register, that • Tongfang R.I.A. Co., Ltd.; • § 744.16 of the EAR, and the review the a license is required for specific exports, Urumqi Tianyao Weiye Information ERC conducted in accordance with reexports, or transfers (in-country) of Technology Service Co., Ltd.; procedures described in supplement No. any item because there is an • Wingel Zhang; • 5 to part 744 of the EAR. unacceptable risk of use in or diversion Wuhan Raycus Fiber Laser This final rule implements the to a ‘military end use’ or ‘military end Technologies Co., Ltd.; decision to remove the following entity, • user’ in Burma, China, Russia, or Xinjiang Beidou Tongchuang located in Germany, from the Entity Venezuela. Under § 744.21(b)(1) of the Information Technology Co., Ltd.; List: EAR, BIS may designate entities subject • Xinjiang Lianhai Chuangzhi Germany to this additional prohibition under Information Technology Co., Ltd.; paragraph (b) that have been determined • • Xinjiang Sailing Information Maintenance Services International by the ERC to be a ‘military end user’ Technology Co., Ltd.; and (MSI) GmbH. pursuant to § 744.21. These entities will • Xinjiang Tangli Technology Co., Revision to the Entity List be added to supplement no. 7 to part Ltd. 744 (‘Military End-User’ (MEU) List) in The ERC agreed to revise the existing Iran Federal Register notices published by entry for ‘‘Kuang-Chi Group,’’ added to BIS. • Payam Nabavi; and the Entity List under the destination of This rule implements the decision of • Sina Biomedical Chemistry China on December 22, 2020 (85 FR the ERC to add one entity to the MEU Company. 83416). This revision will remove List. This entity will be listed on the Lebanon Guangqi Science Co., Ltd. as an alias for MEU List under the destination of Kuang-Chi Group. The ERC decided to • Karim Daadaa; and Russia. The ERC made the decision to modify this entry to reflect the entity’s add this entity under the standard set • Modern Agropharmaceuticals & correct organizational structure. Trade Establishment. forth in § 744.21 of the EAR, including ERC Unverified List Decisions the criteria for what constitutes a Netherlands ‘military end use’ under paragraph (f) Removal From Unverified List as a • Suzhou Keda Technology Co., Ltd. and ‘military end user’ under paragraph Conforming Change for an Addition to (g). Pakistan the Entity List The license requirement for this entity • Suzhou Keda Technology Co., Ltd. This rule removes ‘‘TEM International applies to the export, reexport, or FZC,’’ an entity located in the UAE, transfer (in-country) of any item subject Russia from the Unverified List in supplement to the EAR listed in supplement no. 2 • Andrey Leonidovich Kuznetsov; no. 6 to part 744 of the EAR. The entry to part 744. For this entity added to the • Dmitry Alexandrovich Kravchenko; for TEM International FZC was added to MEU List by this rule, BIS imposes a • Margarita Vasilyevna Kuznetsova; the Unverified List on May 17, 2018 (83 license review policy of a presumption • OOO Teson; FR 22842). BIS is removing the entry for of denial as set forth in § 744.21(e) of the • OOO Trade-Component; and TEM International FZC from the EAR. • Radiant Group of Companies. Unverified List because of the ERC No license exceptions are available for determination to add this same entity to exports, reexports, or transfers (in- Singapore the Entity List, as described above. This country) to listed entities on the MEU • Suzhou Keda Technology Co., Ltd. final rule, as a conforming change to the List for items specified in supplement
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no. 2 to part 744, except license of information, subject to the ■ 2. Supplement No. 4 to part 744 is exceptions for items authorized under requirements of the Paperwork amended: the provisions of License Exception Reduction Act of 1995 (44 U.S.C. 3501 ■ a. Under CANADA, by adding in GOV set forth in § 740.11(b)(2)(i) and (ii) et seq.) (PRA), unless that collection of alphabetical order entries for ‘‘Karim of the EAR. information displays a currently valid Daadaa’’ and ‘‘Modern The acronym ‘‘a.k.a.,’’ which is an Office of Management and Budget Agropharmaceuticals & Trade abbreviation of ‘also known as,’ is used (OMB) Control Number. This regulation Establishment’’; in entries on the MEU List to identify involves collections previously ■ b. Under CHINA, PEOPLE’S aliases, thereby assisting exporters, approved by OMB under control REPUBLIC OF: reexporters, and transferors in number 0694–0088, Simplified Network ■ i. By adding in alphabetical order identifying entities on the MEU List. Application Processing System, which entries for ‘‘Armyfly,’’ ‘‘Beijing For the reasons described above, this includes, among other things, license E-science Co., Ltd.,’’ ‘‘Beijing Geling final rule adds the following one entity applications and commodity Shentong Information Technology Co., to the MEU List: classification, and carries a burden Ltd.,’’ ‘‘Beijing Hileed Solutions Co., Russia estimate of 29.6 minutes for a manual or Ltd.,’’ ‘‘Beijing Sinonet Science & electronic submission. Total burden • Technology Co., Ltd.,’’ ‘‘Chengdu Xiwu JSC Kazan Helicopter Plant Repair hours associated with the PRA and Service. Security System Alliance Co., Ltd.,’’ OMB control number 0694–0088 are not ‘‘China Academy of Electronics and Savings Clause expected to increase as a result of this Information Technology,’’ ‘‘Hangzhou rule. Hualan Microelectronics Co., Ltd.,’’ Shipments of items removed from 3. This rule does not contain policies eligibility for a License Exception or for ‘‘Info Rank Technologies,’’ and with federalism implications as that ‘‘Kindroid’’; export, reexport, or transfer (in-country) term is defined in Executive Order ■ ii. By revising the entry for ‘‘Kuang- without a license (NLR) as a result of 13132. Chi Group’’; and this regulatory action that were en route 4. Pursuant to section 1762 of the ■ aboard a carrier to a port of export, Export Control Reform Act of 2018, this iii. By adding in alphabetical order reexport, or transfer (in-country) on July action is exempt from the entries for ‘‘Kyland Technology Co., 12, 2021, pursuant to actual orders for Administrative Procedure Act (5 U.S.C. Ltd.,’’ ‘‘Leon Technology Co., Ltd.,’’ export or reexport to a foreign 553) requirements for notice of ‘‘Shenzhen Cobber Information destination, may proceed to that proposed rulemaking, opportunity for Technology Co., Ltd.,’’ ‘‘Shenzhen destination under the previous public participation, and delay in Hua’antai Intelligent Technology Co., eligibility for a License Exception or effective date. Ltd.,’’ ‘‘Suzhou Keda Technology Co., export, reexport, or transfer (in-country) 5. Because a notice of proposed Ltd.,’’ ‘‘Tongfang R.I.A. Co., Ltd.,’’ without a license (NLR). rulemaking and an opportunity for ‘‘Urumqi Tianyao Weiye Information Technology Service Co., Ltd.,’’ ‘‘Wingel Export Control Reform Act of 2018 public comment are not required to be given for this rule by 5 U.S.C. 553, or Zhang,’’ ‘‘Wuhan Raycus Fiber Laser On August 13, 2018, the President by any other law, the analytical Technologies Co., Ltd.,’’ ‘‘Xinjiang signed into law the John S. McCain requirements of the Regulatory Beidou Tongchuang Information National Defense Authorization Act for Flexibility Act, 5 U.S.C. 601, et seq., are Technology Co., Ltd.,’’ ‘‘Xinjiang Fiscal Year 2019, which included the not applicable. Accordingly, no Lianhai Chuangzhi Information Export Control Reform Act of 2018 regulatory flexibility analysis is Technology Co., Ltd.,’’ ‘‘Xinjiang Sailing (ECRA) (50 U.S.C. 4801–4852). ECRA required, and none has been prepared. Information Technology Co., Ltd.,’’ and provides the legal basis for BIS’s ‘‘Xinjiang Tangli Technology Co., Ltd.’’; principal authorities and serves as the List of Subjects in 15 CFR Part 744 ■ c. Under GERMANY, by removing the authority under which BIS issues this Exports, Reporting and recordkeeping entry for ‘‘Maintenance Services rule. requirements, Terrorism. International (MSI) GmbH’’; Rulemaking Requirements Accordingly, part 744 of the Export ■ d. Under IRAN, by adding in alphabetical order entries for ‘‘Payam 1. Executive Orders 13563 and 12866 Administration Regulations (15 CFR Nabavi’’ and ‘‘Sina Biomedical direct agencies to assess all costs and parts 730–774) is amended as follows: Chemistry Company’’; benefits of available regulatory PART 744—[AMENDED] ■ alternatives and, if regulation is e. Under LEBANON, by adding in alphabetical order entries for ‘‘Karim necessary, to select regulatory ■ 1. The authority citation for 15 CFR Daadaa’’ and ‘‘Modern approaches that maximize net benefits part 744 continues to read as follows: (including potential economic, Agropharmaceuticals & Trade Authority: 50 U.S.C. 4801–4852; 50 U.S.C. environmental, public health and safety Establishment’’; 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. ■ f. Under NETHERLANDS, by adding effects, distributive impacts, and 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 equity). Executive Order 13563 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR in alphabetical order an entry for emphasizes the importance of 20947, 3 CFR, 1978 Comp., p. 179; E.O. ‘‘Suzhou Keda Technology Co., Ltd.’’; quantifying both costs and benefits, of 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. ■ g. Under PAKISTAN, by adding in reducing costs, of harmonizing rules, 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 alphabetical order an entry for ‘‘Suzhou and of promoting flexibility. This rule Comp., p. 950; E.O. 13026, 61 FR 58767, 3 Keda Technology Co., Ltd.’’; has been determined to be not CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR ■ h. Under RUSSIA, by adding in significant for purposes of Executive 45167, 3 CFR, 1998 Comp., p. 208; E.O. alphabetical order entries for ‘‘Andrey 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. Order 12866. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Leonidovich Kuznetsov,’’ ‘‘Dmitry 2. Notwithstanding any other Comp., p. 786; Notice of September 18, 2020, Alexandrovich Kravchenko,’’ ‘‘Margarita provision of law, no person is required 85 FR 59641 (September 22, 2020); Notice of Vasilyevna Kuznetsova,’’ ‘‘OOO Teson,’’ to respond to or be subject to a penalty November 12, 2020, 85 FR 72897 (November ‘‘OOO Trade-Component,’’ and for failure to comply with a collection 13, 2020). ‘‘Radiant Group of Companies’’;
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■ i. Under SINGAPORE, by adding in ‘‘Hangzhou Hualan Microelectronics ■ n. Under UNITED KINGDOM, by alphabetical order an entry for ‘‘Suzhou Co., Ltd.’’; adding in alphabetical order an entry for Keda Technology Co., Ltd.’’; ■ l. Under TURKEY, by adding in ‘‘China Academy of Electronics and ■ j. Under SOUTH KOREA: Information Technology’’. ■ i. By arranging the entries in alphabetical order an entry for ‘‘Suzhou alphabetical order; and Keda Technology Co., Ltd.’’; The additions and revisions read as ■ ii. By adding in alphabetical order an ■ m. Under the UNITED ARAB follows: entry for ‘‘Suzhou Keda Technology Co., EMIRATES, by adding in alphabetical Supplement No. 4 to Part 744—Entity Ltd.’’; order an entry for ‘‘TEM International List ■ k. Under TAIWAN, by adding in FZC’’; and alphabetical order an entry for * * * * *
Country Entity License requirement License review policy Federal Register citation
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CANADA ...... ****** Karim Daadaa, a.k.a., the following one All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE alias: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Karim Hamdi Mohd El Daadaa. the EAR). 235 Rue Maisonneuve, Laval, Canada. (See alternate addresses under Leb- anon). ****** Modern Agropharmaceuticals & Trade All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE Establishment, 235 Rue EAR. (See § 744.11 of NUMBER, 7/12/21]. Maisonneuve, Laval, Canada. (See the EAR). alternate addresses under Lebanon). ******
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CHINA, PEO- ****** PLE’S RE- PUBLIC OF. Armyfly, a.k.a., the following three All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE aliases: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Beijing Dongtu Junyue Technology; the EAR). —Beijing Junyue Faixiang Technology; and —Beijing Kyland Junyue Technology. 2nd Floor, Chongxin Creative Building, No. 18 Shixing East Street, Shijingshan Park, Zhongguancun Science Park, Shijingshan District, Beijing, China. ****** Beijing E-science Co., Ltd., a.k.a, the All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE following alias: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Beijing Yanjing Electronics Co., Ltd. the EAR). No. 9 Jiuxianqiao East Rd, Chaoyang, Beijing, China 100015; and A36–2 Huanyuan Haidian, China. ****** Beijing Geling Shentong Information All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE Technology Co., Ltd., a.k.a., the fol- EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. lowing two aliases: the EAR). 1A004.d, 1A995, —DeepGlint; and 1A999.a, 1D003, —Deep Glint International. 2A983, 2D983, and 1A025, 101, 1st Floor, No. 1, Wangjing 2E983, and for EAR99 East Road, Chaoyang District, Bei- items described in the jing, China; and Building B, Building Note to ECCN 1A995; 1, Tiandi Linfeng Innovation Industrial case-by-case review for Park, 1 Yongtaizhuang North Road, items necessary to de- Haidian District, Beijing, China. tect, identify and treat infectious disease; and presumption of denial for all other items sub- ject to the EAR.
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Beijing Hileed Solutions Co., Ltd., a.k.a, All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE the following three aliases: EAR. (See § 744.11 of NUMBER, 7/12/21]. Beijing Alite Technologies Co.; the EAR). —ALCO; and —Beijing Haili Lianhe Keji Youxian Gongsi. A36–2 Xisanqi Huanyuan Haidian Dis- trict, China; and West of 7/F, A2, No. 9 Jiuxianqiao East Road, Chaoyang Dist., Beijing, China, 100016; and Room 701, Floor 7, Building 2, No. 9 Courtyard, Jiuxianqiao East, Beijing, China; and 12A Beisanhuan Zhong Road, P.O. Box 3042, Beijing, China. ****** Beijing Sinonet Science & Technology All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE Co., Ltd., Building 5, Courtyard No. EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. 7, Dijin Road, Haidian District, Bei- the EAR). 1A004.d, 1A995, jing, China. 1A999.a, 1D003, 2A983, 2D983, and 2E983, and for EAR99 items described in the Note to ECCN 1A995; case-by-case review for items necessary to de- tect, identify and treat infectious disease; and presumption of denial for all other items sub- ject to the EAR. ****** Chengdu Xiwu Security System Alli- All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE ance Co., Ltd., a.k.a., the following EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. two aliases: the EAR). 1A004.d, 1A995, —Chengdu Xiwuxinan Intelligent Sys- 1A999.a, 1D003, tem Co., Ltd.; and 2A983, 2D983, and —XWSESA 2E983, and for EAR99 No. 7, Section 4, Renmin South Road, items described in the Wuhou District, Chengdu, China. Note to ECCN 1A995; case-by-case review for items necessary to de- tect, identify and treat infectious disease; and presumption of denial for all other items sub- ject to the EAR. China Academy of Electronics and In- All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE formation Technology, a.k.a., the fol- EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. lowing two aliases: the EAR). 1A004.d, 1A995, —CAEIT; and 1A999.a, 1D003, —CETC CAEIT. 2A983, 2D983, and 11 Shuangyuan Road, Badachu High- 2E983, and for EAR99 Tech Park, Shijingshan District, Bei- items described in the jing, China. (See alternative address Note to ECCN 1A995; under United Kingdom.) case-by-case review for items necessary to de- tect, identify and treat infectious disease; and presumption of denial for all other items sub- ject to the EAR. ******
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Hangzhou Hualan Microelectronics Co., All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE Ltd., a.k.a., the following five aliases: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Hangzhou Hualan Microelectronique the EAR). Co., Ltd.; —Hualan Micro; —Sage Microelectronics Corporation; —Sage Micro; and —Hangzhou Huasheng Microelec- tronics. 22nd Floor, Building 1, Huarui Center, No. 66 Jianshe 1st Road, Xiaoshan District, Hangzhou, China; and 6th Floor, North Block, Yinhe Fengyun Building, Gaoxin North Sixth Road, Nanshan District, Shenzhen, China; and Room 510A, Ninggu Building, No. 7940 Humin Road, Minhang Dis- trict, Shanghai, China; and Micro- electronics Research Center, Hangzhou Dianzi University (7th Floor, Science and Technology Mu- seum, Xiasha Campus), China; and Room 1202, Unit 4, Building 2, No. 9, Fenghao East Road, Haidian Dis- trict, Beijing, China; and 2106 Tower F, Everbright Convention Center, Shanghai, China; and Room 1204, Building A, Skyworth Building, Shenzhen, China. (See alternate ad- dress under Taiwan). ****** Info Rank Technologies, Flat/Rm 1021, All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE 10/F Ocean Centre, Harbour City, 5 EAR. (See § 744.11 of NUMBER, 7/12/21]. Canton Road, TST Kowloon, Hong the EAR). Kong, China. ****** Kindroid, a.k.a., the following two All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE aliases: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Jinzhuo Network Technology; and the EAR). —Shanghai Jinzhou Technology. Room 802, Building 5, No. 3000 Longdong Avenue, Pudong New Area, Shanghai, China. ****** Kuang-Chi Group; a.k.a. the following All items subject to the Case-by-case review for 85 FR 83420, 12/22/20. one alias: EAR. (See § 744.11 of items necessary to de- 86 FR [INSERT FR —Shenzhen Guangqi Group. the EAR). tect, identify and treat PAGE NUMBER, 7/12/ Software Building, No. 9, Gaoxinzhong infectious disease; Pre- 21]. Road, Nanshan District, Shenzhen, sumption of denial for 518057, China. all other items subject to the EAR. ****** Kyland Technology Co., Ltd., a.k.a., the All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE following three aliases: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Dongtu Technology; the EAR). —Beijing Dongtu Technology; and —Beijing Yibeite Technology. Floor 9–15, Building 2, Xishanhui, Shixing Street, Shijingshan District, Beijing, China; and Room 901, 8th Floor, Building 2, No. 30, Shixing Street, Shijingshan Dis- trict, Beijing, China. ******
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Leon Technology Co., Ltd., a.k.a., the All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE following four aliases: EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. —Liang Technology; the EAR). 1A004.d, 1A995, —Lion Technology; 1A999.a, 1D003, —Xinjiang Leon Telecom; and Tech- 2A983, 2D983, and nology 2E983, and for EAR99 —LAJS. items described in the No. 518 Yanshan Street, Urumqi Eco- Note to ECCN 1A995; nomic and Technological Develop- case-by-case review for ment Zone, Xinjiang Uyhgur Autono- items necessary to de- mous Region, China; and No. tect, identify and treat 13.14.15A, 30th Floor, Unit 4, Build- infectious disease; and ing 1, No. 508, East Second Section presumption of denial of the Second Ring Road, Chenghua for all other items sub- District, Chengdu, Sichuan Province, ject to the EAR. China; and No. 2–15, Meijing District, Lishui, Tumushuke City, Xinjiang, China; and Room 614 (6th Floor), Office Building, Nanchang Haowei Shop- ping Mall, No. 1155, Fusheng Road, Xihu District, Nanchang City, Jiangxi Province, China; and No. 491–3, Building 1, Yonyou Industrial Park, Yazhou Bay Science and Technology City, Yazhou District, Sanya City, Hainan Province, China; and Room 111, 1st Floor, Building 8, No. 48, Jiuhuan Road, Jianggan District, Hangzhou City, Zhejiang Province, China; and Room 2001, 2002, 2003, 2004, 2005, No. 122, Huangpu Ave- nue West, Tianhe District, Guangzhou City, China; and No. 17– 2–402, Jiaxin Garden, 20 Wenhua Road, Korla City, Bazhou, Xinjiang, China. ****** Shenzhen Cobber Information Tech- All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE nology Co., Ltd., a.k.a., the following EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. six aliases: the EAR). 1A004.d, 1A995, —X-Face; 1A999.a, 1D003, —XFaceTech; 2A983, 2D983, and —Shenzhen Kehao Information; Tech- 2E983, and for EAR99 nology Co., Ltd.; items described in the —Shenzhen Kepa Information Tech- Note to ECCN 1A995; nology; case-by-case review for —Kezhen; and items necessary to de- —Cobber. tect, identify and treat 6th Floor, Block B, Shenzhen Produc- infectious disease; and tion and Research Base, Huazhong presumption of denial University of Science and Tech- for all other items sub- nology, No. 9 Yuexing 3rd Road, ject to the EAR. Nanshan District, Shenzhen, Shenzhen, China. ****** Shenzhen Hua’antai Intelligent Tech- All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE nology Co., Ltd., a.k.a., the following EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. alias: the EAR). 1A004.d, 1A995, —Vikor. 1A999.a, 1D003, South of the third floor of U-shaped 2A983, 2D983, and factory building, Beijing Railway 2E983, and for EAR99 Technology Industrial Park, No. 49 items described in the Changjiangpu Road, Henggang Note to ECCN 1A995; Street, Longgang District, Shenzhen, case-by-case review for China. items necessary to de- tect, identify and treat infectious disease; and presumption of denial for all other items sub- ject to the EAR. ******
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Suzhou Keda Technology Co., Ltd., All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE a.k.a, the following one alias: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Kedacom. the EAR). No. 131, Jinshan Road, High-tech Zone, Suzhou City, Jiangsu Prov- ince, China; and No. 131, Jinshan Rd., High-Tech Zone, Suzhou City, Jiangsu Province, China; and 4th Floor, No. 111, Anju North Road, Shuimogou District, Urumqi City, China; and Room 1201, Ruichang Building, No. 136, Youhao South Road, Shayibake District, Urumqi, Xinjiang, China. (See alternate addresses under Netherlands, Pakistan, Singapore, South Korea, and Turkey). ****** Tongfang R.I.A. Co., Ltd., 23F, Block All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE A, Tsinghua Tongfang Technology EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. Building, Wangzhuang Road, Haidian the EAR). 1A004.d, 1A995, District, Beijing, China; and No. 1A999.a, 1D003, 2002, 20th Floor, Building 4, No. 1, 2A983, 2D983, and Wangzhuang Road, Haidian District, 2E983, and for EAR99 Beijing, China; and 2000, Building items described in the 23, No. 18, Anningzhuang East Note to ECCN 1A995; Road, Qinghe, Haidian District, Bei- case-by-case review for jing, China; and 101, 1st Floor, Build- items necessary to de- ing 69, Zone B, Venture Innovation tect, identify and treat City, No. 15 Fengji Avenue, Yuhuatai infectious disease; and District, Nanjing, China. presumption of denial for all other items sub- ject to the EAR. Urumqi Tianyao Weiye Information All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE Technology Service Co., Ltd., 25th EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. Floor, Block A, Chuangzhi Building, the EAR). 1A004.d, 1A995, Software Park, North Kanas Road, 1A999.a, 1D003, Economic and Technological Devel- 2A983, 2D983, and opment Zone, Urumqi, Xinjiang, 2E983, and for EAR99 China; and 150, 151, 172–176, Build- items described in the ing 1, Frontier World Trade Center, Note to ECCN 1A995; No. 566, Yan’an Road, Tianshan Dis- case-by-case review for trict, Urumqi, Xinjiang, China; and items necessary to de- No. 147–150, Xinqishi Shopping tect, identify and treat Center, Sondak Road, Guangming infectious disease; and Street, Atsushi City, Xezhou, presumption of denial Xinjiang, China; and Unit 1, Residen- for all other items sub- tial Building, Meteorological Bureau, ject to the EAR. Sanxia West Road, Tuanjie Road, Bogdal Town, Wenquan County, Bozhou, Xinjiang, China; and 67 Renmin East Road, Akto Town, Akto County, Kizilsu Kirgiz Autonomous Prefecture, Xinjiang, China; and Unit 1–2, Building B2, Auto Parts Market, Daxin Auto City, Wensu County, Aksu District, Xinjiang, China. ****** Wingel Zhang, No. 9 Jiuxianqiao East All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE Rd, Chaoyang, Beijing, China EAR. (See § 744.11 of NUMBER, 7/12/21]. 100015; and A36–2 Huanyuan the EAR). Haidian, China. ****** Wuhan Raycus Fiber Laser Tech- All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE nologies Co., Ltd., Building 10, Inno- EAR. (See § 744.11 of NUMBER, 7/12/21]. vation Base of Hus, Tangxunhu the EAR). North Road 33 East LA, Wuhan, Hubei, China 430223; and No. 999 Gaoxin Avenue, East Lake Hi-Tech Development Zone, Wuhan, Hubei, China 430223. ******
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Xinjiang Beidou Tongchuang Informa- All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE tion Technology Co., Ltd., Room EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. 101–102, Unit 1, Building 12, No. the EAR). 1A004.d, 1A995, 989, Xinhuan North Road, Urumqi, 1A999.a, 1D003, Xinjiang, China; and Room 217–3, 2A983, 2D983, and Information Technology Innovation 2E983, and for EAR99 Park, Xinjiang University, No. 499 items described in the Northwest Road, Shayibake District, Note to ECCN 1A995; Urumqi, Xinjiang, China; and No. case-by-case review for 1901–1902, 19th Floor, 1 Shaanxi items necessary to de- Building, Shenka Avenue Head- tect, identify and treat quarters Economic Zone, Kashgar infectious disease; and Economic Development Zone, presumption of denial Kashgar, Xinjiang, China; and No. for all other items sub- 11, Lane 1, Yongxing Road, ject to the EAR. Yongning Town, Yanqi County, Bazhou, Xinjiang, China; and No. 33 South Boltala Road, Alashankou, Bozhou, Xinjiang, China; and Room 101, H1 District, Minzhu Middle Road Side Trade Market, Akqi Town, Aletai Habahe County, Xinjiang, China; and Shop 22, Section F, Second Floor, Golden Crown Shopping and Leisure Plaza, No. 658 Tunken East Street, Tumushuke City, Xinjiang, China; and North Side of Xingfu West Road, Jinghe County, Bozhou, Xinjiang, China; and 1st Floor of Building No. 7, Building No. 4, Building No. 11, Gongyuan Street, Yining City, Yili Prefecture, Xinjiang, China. ****** Xinjiang Lianhai Chuangzhi Information All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE Technology Co., Ltd., a.k.a., the fol- EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. lowing alias: the EAR). 1A004.d, 1A995, —Xinjiang Lianhai Chuangzhi Xinxi Keji 1A999.a, 1D003, Youxian Gongsi. 2A983, 2D983, and Room 908–5, Floor 9, Shumagang 2E983, and for EAR99 Tower, No. 258 Gaoxin Street, High- items described in the Tech Industrial Zone (New City), Note to ECCN 1A995; Urumqi, Xinjiang, China. case-by-case review for items necessary to de- tect, identify and treat infectious disease; and presumption of denial for all other items sub- ject to the EAR. ****** Xinjiang Sailing Information Technology All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE Co., Ltd., a.k.a., the following two EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. aliases: the EAR). 1A004.d, 1A995, —Xi Ling Information; and 1A999.a, 1D003, —Xinjiang Xiling Information Tech- 2A983, 2D983, and nology 2E983, and for EAR99 10th Floor, Dacheng International items described in the Building, No. 358 Beijing South Note to ECCN 1A995; Road, High-tech Zone (New City), case-by-case review for Urumqi, Xinjiang, China. items necessary to de- tect, identify and treat infectious disease; and presumption of denial for all other items sub- ject to the EAR. ******
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Xinjiang Tangli Technology Co., Ltd., All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE Room 601, Leon Technology R&D EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. Service Center, Building 1, No. 518, the EAR). 1A004.d, 1A995, Yanshan Street, Urumqi Economic 1A999.a, 1D003, and Technological Development 2A983, 2D983, and Zone, Xinjiang, China. 2E983, and for EAR99 items described in the Note to ECCN 1A995; case-by-case review for items necessary to de- tect, identify and treat infectious disease; and presumption of denial for all other items sub- ject to the EAR. ******
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IRAN ...... ****** Payam Nabavi, Unit 2, 2 Golriz Ave, All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE Qaem Maqam Farahani Hafte-e Tir EAR. (See § 744.11 of NUMBER, 7/12/21]. Sq, Tehran, Iran; and Unit 4, 157 the EAR). South Mofatteh St., Hafte-Tir, Tehran, Iran. ****** Sina Biomedical Chemistry Company, All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE a.k.a., the following two aliases: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Shimi Tebe Sina; and the EAR). —SBMC. Unit 2, 2 Golriz Ave, Qaem Maqam Farahani Hafte-e Tir Sq, Tehran, Iran; and Unit 4, 157 South Mofatteh St., Hafte-Tir, Tehran, Iran. ******
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LEBANON ...... ****** Karim Daadaa, a.k.a., the following one All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE alias: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Karim Hamdi Mohd El Daadaa. the EAR). Corniche El-Mazraa, Rihani Center, Arab Bank Bldg, 6th Floor, Office #1, Beirut, Lebanon; and Anwar Building, 9th Floor, Salim Salam Blvd & Strt Burj Abi Haidar, Beirut, Lebanon. (See alternate address under Can- ada). ****** Modern Agropharmaceuticals & Trade All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE Establishment, Corniche El-Mazraa, EAR. (See § 744.11 of NUMBER, 7/12/21]. Rihani Center the EAR). —Arab Bank Bldg 6th Floor, Office #1, Beirut, Lebanon; and Anwar Building, 9th Floor, Salim Salam Blvd & Strt Burj Abi Haidar, Beirut, Lebanon. (See alternate address under Can- ada). ******
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NETHERLANDS ******
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Suzhou Keda Technology Co., Ltd., All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE a.k.a, the following alias: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Kedacom. the EAR). Groenhof 344, Amstelveen, 1186GK, The Netherlands. (See alternate ad- dresses under China, Pakistan, Singapore, South Korea, and Tur- key).
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PAKISTAN ...... ****** Suzhou Keda Technology Co., Ltd., All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE a.k.a, the following one alias: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Kedacom. the EAR). 4/A1, Plot # 4E–II, 6th Jami Commer- cial St., Phase VII, Near Khayaban- e-Ittehad, DHA, Karachi, Pakistan. (See alternate addresses under China, Netherlands, Singapore, South Korea, and Turkey). ******
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RUSSIA ...... ****** Andrey Leonidovich Kuznetsov, All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE 69 Udaltsova Street 49, Moscow, Rus- EAR. (See § 744.11 of NUMBER, 7/12/21]. sia. the EAR). ****** Dmitry Alexandrovich Kravchenko, All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE Grizodubovoy Str. 4, bld. 3, apt. 84, EAR. (See § 744.11 of NUMBER, 7/12/21]. Moscow, Russia. the EAR). ****** Margarita Vasilyevna Kuznetsova, All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE Udaltsova 85A 210, Moscow, Russia. EAR. (See § 744.11 of NUMBER, 7/12/21]. the EAR). ****** OOO Teson, a.k.a., the following one All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE alias: EAR. (See § 744.11 of NUMBER, 7/12/21]. —OOO TecoH. the EAR). D. 65 Korp. 1, Ul. Profsoyuznaya Mos- cow, 117342 Russia; and 49 Vyborgskaya Waterfront, Office 703, St. Petersburg, Russia 194044. OOO Trade-Component, a.k.a., the fol- All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE lowing one alias: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Treyd Komponent the EAR). Tikhvinsky Lane, Building 11, Bldg 2, Room 29 127055 Moscow City, Rus- sia. ****** Radiant Group of Companies, a.k.a., All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE the following three aliases: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Radiant Group; the EAR). —Radiant Elkom; and —Radiant Electronic Components. D. 65 Korp. 1, Ul. Profsoyuznaya Mos- cow, 117342 Russia. ******
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SINGAPORE .... ****** Suzhou Keda Technology Co., Ltd., All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE a.k.a, the following alias: Kedacom EAR. (See § 744.11 of NUMBER, 7/12/21]. 1 Tannery Lane One Tat Seng #04–01, the EAR). Singapore. (See alternate addresses under China, Netherlands, Pakistan, South Korea, and Turkey).
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******
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SOUTH KOREA ****** Suzhou Keda Technology Co., Ltd., All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE a.k.a, the following alias: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Kedacom. the EAR). #1802 Daeryung Techno 15th, 401 Simindaero Dongan-Gu, Gyunggi-Do, South Korea. (See alternate address- es under China, Netherlands, Paki- stan, Singapore, and Turkey).
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TAIWAN ...... ****** Hangzhou Hualan Microelectronics Co., All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE Ltd., a.k.a., the following five aliases: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Hangzhou Hualan Microelectronique the EAR). Co., Ltd.; —Hualan Micro; —Sage Microelectronics Corporation; —Sage Micro; and —Hangzhou Huasheng Microelec- tronics. 8th Floor-3, No. 192 Ruiguang Road, Neihu District, Taipei City, Taiwan. (See alternate addresses under China). ******
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TURKEY ...... ****** Suzhou Keda Technology Co., Ltd., All items subject to the Presumption of denial. 86 FR [INSERT FR PAGE a.k.a, the following alias: EAR. (See § 744.11 of NUMBER, 7/12/21]. —Kedacom. the EAR). Mahmut Sevket Pasa Mah, Odesa Bulvari, Okmeydani No. 34, 34000 Sisli/Istanbul, Turkey. (See alternate addresses under China, Netherlands, Pakistan, Singapore, and South Korea). ******
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UNITED ARAB ****** EMIRATES. TEM International FZC, a.k.a., the fol- All Items Subject to the See § 744.2(d) of the 86 FR [INSERT FR PAGE lowing alias: EAR. EAR. NUMBER, 7/12/21]. —TEM. Floor 4, Block B, Entrance No. 2 Busi- ness Village, Deira A1 Maktoum Rd, Dubai P.O. Box 183125, U.A.E. ******
UNITED KING- ****** DOM.
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China Academy of Electronics and In- All items subject to the Case-by-case review for 86 FR [INSERT FR PAGE formation Technology, a.k.a., the fol- EAR. (See § 744.11 of ECCNs 1A004.c, NUMBER, 7/12/21]. lowing two aliases: the EAR). 1A004.d, 1A995, —CAEIT; and 1A999.a, 1D003, —CETC CAEIT. 2A983, 2D983, and 3rd Floor, 9 St. Clare Street, London, 2E983, and for EAR99 United Kingdom. (See alternative ad- items described in the dress under China.) Note to ECCN 1A995; case-by-case review for items necessary to de- tect, identify and treat infectious disease; and presumption of denial for all other items sub- ject to the EAR. ******
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* * * * * EMIRATES by removing the entry for Kazan Helicopter Plant Repair Service’’ to read as follows: Supplement No. 6 to Part 744 ‘‘TEM International FZC’’. [Amended] ■ 4. Supplement No. 7 to part 744 is Supplement No. 7 to Part 744— ■ 3. Supplement No. 6 to part 744 is amended under RUSSIA by adding in ‘Military End-User’ (MEU) List amended under UNITED ARAB alphabetical order an entry for ‘‘JSC * * * * *
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RUSSIA ...... ****** JSC Kazan Helicopter Plant Repair Service, a.k.a., the following two 86 FR [INSERT FR PAGE NUMBER, 7/12/21]. aliases: —Kazanski Vertoletny Zavod Remservis; and —KVZ Remservis. Ulitsa Tetsevskaya 14, Kazan, Russia. ******
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Matthew S. Borman, ACTION: Final rule; delay of effective 20993–0002, 1–877–287–1371, email: Deputy Assistant Secretary for Export date. [email protected]. Administration. SUPPLEMENTARY INFORMATION: In the SUMMARY: [FR Doc. 2021–14656 Filed 7–9–21; 8:45 am] As required by an order Federal Register of March 18, 2020, the issued by the U.S. District Court for the BILLING CODE 3510–33–P Food and Drug Administration (FDA or Eastern District of Texas, this action Agency) issued a final rule establishing delays the effective date of the final rule new cigarette health warnings for (‘‘Tobacco Products; Required Warnings cigarette packages and advertisements. DEPARTMENT OF HEALTH AND for Cigarette Packages and HUMAN SERVICES The final rule implements a provision of Advertisements’’), which published on the Family Smoking Prevention and March 18, 2020. The new effective date Food and Drug Administration Tobacco Control Act (Tobacco Control is July 13, 2022. Act) (Pub. L. 111–31) that requires FDA 21 CFR Part 1141 DATES: The effective date of the rule to issue regulations requiring color amending 21 CFR part 1141 published graphics depicting the negative health [Docket No. FDA–2019–N–3065] at 85 FR 15638, March 18, 2020, delayed consequences of smoking to accompany at 85 FR 32293, May 29, 2020, and 86 new textual warning label statements. RIN 0910–AI39 FR 3793, January 15, 2021, is further The Tobacco Control Act amends the delayed until July 13, 2022. Tobacco Products; Required Warnings Federal Cigarette Labeling and for Cigarette Packages and FOR FURTHER INFORMATION CONTACT: Advertising Act of 1965 (Pub. L. 89–92) Advertisements; Delayed Effective Courtney Smith, Office of Regulations, to require each cigarette package and Date Center for Tobacco Products, Food and advertisement to bear one of the new Drug Administration, Document Control required warnings. The final rule AGENCY: Food and Drug Administration, Center, 10903 New Hampshire Ave., specifies the 11 new textual warning HHS. Bldg. 71, Rm. G335, Silver Spring, MD label statements and accompanying
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color graphics. Pursuant to section Dated: June 24, 2021. medical providers trained in research- 201(b) of the Tobacco Control Act, the Janet Woodcock, based methods of early language and rule was published with an effective Acting Commissioner of Food and Drugs. literacy promotion provide date of June 18, 2021, 15 months after Dated: July 06, 2021. developmentally appropriate books and the date of publication of the final rule. Xavier Becerra, recommendations to parents to encourage them to read aloud to their On April 3, 2020, the final rule was Secretary, Department of Health and Human Services. children starting in infancy; and (3) challenged in the U.S. District Court for provide high-quality books on a regular 1 [FR Doc. 2021–14678 Filed 7–9–21; 8:45 am] the Eastern District of Texas. On May basis to children and adolescents from 8, 2020, the court granted a joint motion BILLING CODE 4164–01–P low-income communities to increase to govern proceedings in that case and reading motivation, performance, and postpone the effective date of the final frequency. rule by 120 days.2 On December 2, 2020, DEPARTMENT OF EDUCATION Program Authority: 20 U.S.C. 6646. the court granted a new motion by the We published a notice of proposed plaintiffs to postpone the effective date 34 CFR Chapter II priorities and requirement (NPP) for this of the final rule by an additional 90 [Docket ID ED–2021–OESE–0036] program in the Federal Register on days.3 On March 2, 2021, the court April 6, 2021 (86 FR 17757). The granted another motion by the plaintiffs Final Priorities and Requirement— priorities included in the NPP were: to postpone the effective date of the Innovative Approaches to Literacy Proposed Priority 1—Projects, Carried final rule by an additional 90 days.4 On Out in Coordination with School AGENCY: Office of Elementary and Libraries, for Book Distribution, May 21, 2021, the court granted another Secondary Education (OESE), motion by the plaintiffs to postpone the Childhood Literacy Activities, or Both; Department of Education. Proposed Priority 2—Providing a effective date of the final rule by an ACTION: Final priorities and Learning Environment That Is Racially, additional 90 days.5 The court ordered requirement. Ethnically, Culturally, Disability and that the new effective date of the final Linguistically Responsive and Inclusive, rule is July 13, 2022. Pursuant to the SUMMARY: The Department of Education Supportive, and Identity-safe; Proposed court order, any obligation to comply (Department) announces four priorities Priority 3—Supporting Students in with a deadline tied to the effective date and one requirement under the Urban Areas; and Proposed Priority 4— is similarly postponed, and those Innovative Approaches to Literacy (IAL) Supporting Students from Low-Income obligations and deadlines are now tied program, Assistance Listing Number Families. The requirement included in to the postponed effective date. 84.215G. The Department may use one the NPP set forth eligibility criteria. The To the extent that 5 U.S.C. 553 applies or more of these priorities and NPP contained background information to this action, the Agency’s requirement for competitions in fiscal and our reasons for proposing the implementation of this action without year (FY) 2021 and later years. particular priorities and requirement. opportunity for public comment, DATES: These priorities are effective There are differences between effective immediately upon publication August 11, 2021. Proposed Priority 2 and Final Priority 2 today in the Federal Register, is based FOR FURTHER INFORMATION CONTACT: as discussed in the Analysis of Comments and Changes section on the good cause exception in 5 U.S.C. Simon Earle, U.S. Department of elsewhere in this notice. Except for 553(b)(B). Seeking public comment is Education, 400 Maryland Avenue SW, minor editorial and technical revisions, impracticable, unnecessary, and Room 3E254, Washington, DC 20202– 6450. Telephone: (202) 453–7923. there are no significant changes to contrary to the public interest. The 90- Priorities 1, 3, and 4 and the day postponement of the effective date, Email: [email protected]. If you use a telecommunications requirement from the NPP. until July 13, 2022, is required by court Public Comment: In response to our order in accordance with the court’s device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay invitation in the NPP, 28 parties authority to postpone a rule’s effective Service (FRS), toll free, at 1–800–877– submitted comments, which, in total, date pending judicial review (5 U.S.C. 8339. addressed all four of the proposed 705). Seeking prior public comment on priorities and requirement. Two this postponement would have been SUPPLEMENTARY INFORMATION: comments were not relevant to the impracticable, as well as contrary to the Purpose of Program: The IAL program proposed priorities and are not included public interest in the orderly issuance supports high-quality programs in the discussions below. We group and implementation of regulations. designed to develop and improve major issues according to subject. literacy skills for children and students Generally, we do not address from birth through 12th grade in high- 1 R.J. Reynolds Tobacco Co. et al. v. United States technical and other minor changes, or Food and Drug Administration et al., No. 6:20–cv– need local educational agencies (LEAs) suggested changes the law does not 00176 (E.D. Tex. filed April 3, 2020). and schools. The Department intends to authorize us to make under the 2 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 promote innovative literacy programs applicable statutory authority. In (E.D. Tex. May 8, 2020) (order granting joint motion that support the development of literacy addition, we do not address the two and establishing schedule), Doc. No. 33. skills in low-income communities, comments that were not directly related 3 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 including programs that: (1) Develop to the NPP. (E.D. Tex. December 2, 2020) (order granting and enhance effective school library Analysis of Comments and Changes: Plaintiffs’ motion and postponing effective date), programs, which may include providing An analysis of the comments and of any Doc. No. 80. professional development for school changes in the priorities and 4 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 (E.D. Tex. March 2, 2021) (order granting Plaintiffs’ librarians, books, and up-to-date requirement since publication of the motion and postponing effective date), Doc. No. 89. materials to high-need schools; (2) NPP follows. 5 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 provide early literacy services, Comment: One commenter applauded (E.D. Tex. May 21, 2021) (order granting Plaintiffs’ including pediatric literacy programs the Department for supporting school motion and postponing effective date), Doc. No. 91. through which, during well-child visits, library programs during the COVID–19
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pandemic, particularly when libraries materials. Priority 2 highlights the infrastructure, presence of public have been closed. The commenter Department’s commitment to diverse transit, and types of jobs may better remarked that library collections learning environments. define a geographical area for the urgently need updating on a regular Changes: None. purpose of the priority. basis to provide resources for our Comment: Eight commenters Another commenter suggested the use changing cultural needs. The provided remarks for Proposed Priority of NCES locale codes restricts IAL commenter believed professional 2, Providing a Learning Environment funding to LEAs with an urban locale development for librarians will help That Is Racially, Ethnically, Culturally, code of 11, 12, or 13. The commenter ensure that students have the necessary Disability and Linguistically Responsive contended the use of the locale codes literacy skills and tools to make accurate and Inclusive, Supportive, and Identity- results in an under-inclusive policy that independent virtual learning choices. safe, and each offered their support for limits funding to urban areas even Another commenter, in acknowledging learning environments that are though 70 percent of the United States the Department’s recognition of the inclusive, supportive, and identity-safe. population lives in suburban and rural importance of coordinating with school Commenters stated that identity-safe areas. The commenter suggested the libraries to carry out grant activities, learning environments will be beneficial Department focus on identifying LEAs encouraged the Department also to for students from diverse backgrounds, with the lowest literacy and math promote access to diverse literary low-income households, and urban achievement levels, which may not be material. The commenter believed that areas. A commenter also urged the in urban settings. every student deserves a school library Department to prioritize funding for Discussion: We appreciate the three that incorporates diversity. projects that create inclusive commenters’ support for Proposed Discussion: The Department agrees environments via ethnic course studies Priority 3 and agree that students in with the commenter that many school tailored to each unique student rural areas face educational challenges. libraries need updated collections, population. To that end, the Explanatory Statement including ensuring that available Discussion: We agree that learning for Division H of the Consolidated materials reflect the diversity of environments should be responsive, Appropriations Act, 2021 (Pub. L. 116– students, and that professional inclusive, supportive, and identity-safe, 260) (2021 Appropriations Explanatory development for school librarians can as reflected in Priority 2. With regard to Statement) directs the Department to be a key lever in increasing student prioritizing funding for projects that ensure that grants are distributed among literacy. For that reason, we are focus on ethnic studies or creating eligible entities that will serve modifying Priority 2 to clarify that, as ethnic studies courses, we think geographically diverse areas, including under Priority 1, an applicant Proposed Priority 2 provides the both rural areas and underserved implementing a program under the flexibility and autonomy for applicants communities in urban school districts, priority must coordinate with school to be innovative in creating responsive in which students from low-income libraries. and inclusive learning environments, families make up at least 50 percent of Changes: We have clarified in Priority including through changes in curricula, enrollment. Because the Department 2 that an applicant must coordinate library collections, and professional previously established a priority to with school libraries. development. serve rural communities, this new Comment: Five commenters provided Changes: None. priority is intended to complement—not remarks regarding Proposed Priority 1, Comment: Sixteen commenters replace—the rural priority so the Projects, Carried Out in Coordination provided remarks regarding Proposed program can prioritize both rural and with School Libraries, for Book Priority 3, Supporting Students in urban areas, as directed by the 2021 Distribution, Childhood Literacy Urban Areas. Three commenters Appropriations Explanatory Statement Activities, or Both. Four of the supported the proposed priority, noting from Congress. commenters offered support, that many urban schools are under- We appreciate the commenter’s recognizing the importance of school resourced; they expressed the need for suggestions regarding additional libraries, childhood literacy, and book certified librarians in urban schools and indicators to be used in addition to distribution. One commenter remarked agreed that NCES locale codes are NCES locale codes when identifying that IAL funding is best used by appropriate indicators of urbanicity. urban areas and agree that population is providing tangible items, such as Eleven commenters asserted that studies not the only characteristic associated eReaders, to LEAs serving children from show students in rural areas face greater with urbanicity. However, the use of low-income households. A commenter, educational challenges than those in locale codes is a long-accepted practice who also supported the proposed urban areas, citing data indicating that in distinguishing among applicants and priority, encouraged the Department to rural students are impacted more ensuring geographic diversity in promote diversity of literary materials adversely in the areas of childhood competitive grant programs, and we and evaluate proposed projects’ success poverty, internet access, college decline to augment locale codes as in ensuring diversity. enrollment, and mental health care. suggested by the commenter. Discussion: We appreciate the One commenter stated that NCES We disagree with the commenter who commenters’ support for Proposed locale codes are not the most asserted that the use of NCES locale Priority 1. We think applicants for IAL appropriate indicator of urbanicity, for codes restricts funding to LEAs assigned funding are best positioned, in three reasons: First, school enrollment an urban locale code. As mentioned coordination with school libraries, to often does not match the surrounding above, the 2021 Appropriations determine the needs of their students population; second, relying on NCES Explanatory Statement directs the and acquire appropriate materials in locale codes fails to achieve the goals of Department to ensure that grants are response to those needs, which may this proposed priority and the average distributed among eligible entities that include books and literacy-focused wealth of families in particular schools will serve geographically diverse areas, technology. We also agree that it is should be a factor; and third, an area including rural areas and underserved important to evaluate projects’ success generally is not defined by its communities in urban school districts, in ensuring diversity and students population and population density. The in which students from low-income benefit from access to diverse literary commenter contended that the level of families make up at least 50 percent of
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enrollment. Moreover, the use of urban competitive process rather than by (b) The applicant is a national or rural priorities would not preclude formula to all eligible entities. nonprofit that proposes to serve schools applications from, or awards to, eligible Changes: None. within eligible LEAs all of which have applicants proposing to serve non-urban Comment: Two commenters a locale code of 11, 12, or 13. and non-rural areas. supported the proposed requirement. Note: Applicants are encouraged to Changes: None. One of these commenters noted that the retrieve locale codes from the National Comment: Fourteen commenters use of the Small Area Income and Center for Education Statistics (NCES) offered remarks regarding Proposed Poverty Estimates (SAIPE) data may School District search tool (https:// Priority 4, Supporting Students from provide better opportunities for nces.ed.gov/ccd/districtsearch/), Low-Income Families. Of the three economically challenged urban LEAs to searching by LEA. commenters expressing support for the increase school library capabilities. The Priority 4—Supporting Students From proposed priority, one recommended other commenter stated the proposed Low-Income Families. that eligibility for participation in Part requirement reflects the intent of the Projects that serve LEAs serving A of Title I of the Elementary and IAL program and its language reflects students from low-income families. In Secondary Education Act of 1965, as the definitions in 20 U.S.C. 6646. its application, an applicant must amended (ESEA), be used as a Discussion: We agree the proposed demonstrate, based on Small Area secondary tool to demonstrate that the requirement is essential for supporting Income and Poverty Estimates (SAIPE) proposed project would serve students school libraries and literacy, data from the U.S. Census Bureau or, for from low-income households. particularly for LEAs in which 20 an LEA for which SAIPE data are not Ten commenters suggested this percent or more of students served are available, the same State-derived proposed priority signals the from families with an income below the equivalent of SAIPE data that the State Department’s intent to no longer poverty line (as defined in section uses to make allocations under part A of prioritize rural LEAs and high-need 8101(41) of the ESEA). title I of the Elementary and Secondary communities. Another commenter Changes: None. Education Act of 1965, as amended recommended that the Department Final Priorities: (ESEA), one of the following: reserve a substantial portion of available Priority 1—Projects, Carried Out in (a) At least 25 percent of the students funds under this program for LEAs Coordination With School Libraries, for enrolled in each of the LEAs to be serving 50 percent or more of students Book Distribution, Childhood Literacy served by the proposed project are from from families with an income below the Activities, or Both. families with an income below the poverty line regardless of whether they Projects that propose to coordinate poverty line. apply for an IAL grant. with school libraries to carry out grant (b) At least 30 percent of the students Discussion: The purpose of the IAL activities, such as book distributions, enrolled in each of the LEAs to be program is to develop and improve childhood literacy activities, or both, for served by the proposed project are from literacy skills for students in high-need the proposed project. families with an income below the LEAs and schools. Priority 4 addresses Priority 2—Projects, Carried Out in poverty line. supporting students from low-income Coordination With School Libraries, (c) At least 35 percent of the students families and does not in any way That Provide a Learning Environment enrolled in each of the LEAs to be prioritize students in urban That Is Racially, Ethnically, Culturally, served by the proposed project are from communities over students in rural Disability Status and Linguistically families with an income below the communities. Responsive and Inclusive, Supportive, poverty line. The Department does not agree that and Identity-Safe. (d) At least 40 percent of the students Title I eligibility would be an Projects coordinated with school enrolled in each of the LEAs to be appropriate measure of poverty for the libraries and designed to be responsive served by the proposed project are from IAL program because the poverty to racial, ethnic, cultural, disability, and families with an income below the thresholds applicable to Title I are not linguistic differences in a manner that poverty line. consistent with the statutory creates inclusive, supportive, and (e) At least 45 percent of the students requirements of the IAL program. More identity-safe learning environments. enrolled in each of the LEAs to be specifically, only an LEA in which 20 In its application, the applicant served by the proposed project are from percent or more of the students served must— families with an income below the by the LEA are from families with an (a) Describe the types of racially, poverty line. income below the poverty line (as ethnically, culturally, disability status, (f) At least 50 percent of the students defined in section 8101(41) of the ESEA) and linguistically responsive program enrolled in each of the LEAs to be is eligible for an IAL award; the LEA design elements that the applicant served by the proposed project are from poverty thresholds for receiving Title I proposes to include in its project; families with an income below the funds range from just 2 percent for Basic (b) Explain how its program design poverty line. Grants to a maximum of 15 percent for will create inclusive, supportive, and Types of Priorities: Concentration Grants. identity-safe environments; and When inviting applications for a Additionally, as stated previously, the (c) Describe how its project will be competition using one or more 2021 Appropriations Explanatory carried out in coordination with school priorities, we designate the type of each Statement directs the Department to libraries. priority as absolute, competitive ensure that grants are distributed among Priority 3—Supporting Students in preference, or invitational through a eligible entities that will serve Urban Areas. notice in the Federal Register. The geographically diverse areas, including Projects that are designed to serve one effect of each type of priority follows: rural areas and underserved or more urban LEAs. In its application, Absolute priority: Under an absolute communities in urban school districts, an applicant must demonstrate one of priority, we consider only applications in which students from low-income the following: that meet the priority (34 CFR families make up at least 50 percent of (a) The applicant is an eligible LEA or 75.105(c)(3)). enrollment. Finally, the statute requires consortium of eligible LEAs with a Competitive preference priority: that IAL awards be made through a locale code of 11, 12, or 13. Under a competitive preference priority,
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we give competitive preference to an agency (SEA) that 20 percent or more of (recognizing that some benefits and application by (1) awarding additional the students aged 5–17 in the LEA are costs are difficult to quantify); points, depending on the extent to from families with incomes below the (2) Tailor its regulations to impose the which the application meets the priority poverty line based on the same State- least burden on society, consistent with (34 CFR 75.105(c)(2)(i)); or (2) selecting derived poverty data the SEA used to obtaining regulatory objectives and an application that meets the priority determine the LEA’s allocation under taking into account—among other things over an application of comparable merit part A of title I of the ESEA. and to the extent practicable—the costs that does not meet the priority (34 CFR This document does not preclude us of cumulative regulations; 75.105(c)(2)(ii)). from proposing additional priorities, (3) In choosing among alternative Invitational priority: Under an requirements, definitions, or selection regulatory approaches, select those invitational priority, we are particularly criteria, subject to meeting applicable approaches that maximize net benefits interested in applications that meet the rulemaking requirements. (including potential economic, priority. However, we do not give an Note: This document does not solicit environmental, public health and safety, application that meets the priority a applications. In any year in which we and other advantages; distributive preference over other applications (34 choose to use one or more of these impacts; and equity); CFR 75.105(c)(1)). priorities or the requirement, we invite (4) To the extent feasible, specify Final Requirement: applications through a notice in the performance objectives, rather than the Requirement: Federal Register. behavior or manner of compliance a The Department establishes the regulated entity must adopt; and following requirement for this program. Executive Orders 12866 and 13563 (5) Identify and assess available We may apply this requirement in any Regulatory Impact Analysis alternatives to direct regulation, year in which this program is in effect. including economic incentives—such as Eligible Applicants: To be considered Under Executive Order 12866, the user fees or marketable permits—to for an award under this competition, an Office of Management and Budget encourage the desired behavior, or applicant must be one or more of the (OMB) must determine whether this provide information that enables the following: regulatory action is ‘‘significant’’ and, public to make choices. (1) An LEA in which 20 percent or therefore, subject to the requirements of Executive Order 13563 also requires more of the students served by the LEA the Executive order and subject to an agency ‘‘to use the best available are from families with an income below review by OMB. Section 3(f) of techniques to quantify anticipated the poverty line (as defined in section Executive Order 12866 defines a present and future benefits and costs as 8101(41) of the ESEA). ‘‘significant regulatory action’’ as an accurately as possible.’’ The Office of (2) A consortium of such LEAs action likely to result in a rule that Information and Regulatory Affairs of described in paragraph (1) above. may— OMB has emphasized that these (3) The Bureau of Indian Education. (1) Have an annual effect on the techniques may include ‘‘identifying (4) An eligible national nonprofit economy of $100 million or more, or changing future compliance costs that organization (as defined in section adversely affect a sector of the economy, might result from technological 2226(b)(2) of the ESEA) that serves productivity, competition, jobs, the innovation or anticipated behavioral children and students within the environment, public health or safety, or changes.’’ attendance boundaries of one or more State, local, or Tribal governments or We are issuing these final priorities eligible LEAs. communities in a material way (also and this final requirement only on a Note: Under the definition of ‘‘poverty referred to as an ‘‘economically reasoned determination that their line’’ in section 8101(41) of the ESEA, significant’’ rule); benefits justify their costs. In choosing the determination of the percentage of (2) Create serious inconsistency or among alternative regulatory students served by an LEA from families otherwise interfere with an action taken approaches, we selected those with an income below the poverty line or planned by another agency; approaches that maximize net benefits. is based on the U.S. Census Bureau’s (3) Materially alter the budgetary Based on the analysis that follows, the SAIPE data. impacts of entitlement grants, user fees, Department believes that this regulatory An entity that meets the definition of or loan programs or the rights and action is consistent with the principles an LEA in section 8101(30) of the ESEA obligations of recipients thereof; or in Executive Order 13563. and that serves multiple LEAs, such as (4) Raise novel legal or policy issues We also have determined that this a county office of education, an arising out of legal mandates, the regulatory action does not unduly education service agency, or regional President’s priorities, or the principles interfere with State, local, and Tribal service education agency, must provide stated in the Executive order. governments in the exercise of their the most recent SAIPE data for each of This final regulatory action is not a governmental functions. the individual LEAs it serves. To significant regulatory action subject to In accordance with both Executive determine whether the entity meets the review by OMB under section 3(f) of orders, the Department has assessed the poverty threshold, the Department will Executive Order 12866. potential costs and benefits, both derive the entity’s poverty rate by We have also reviewed this final quantitative and qualitative, of this aggregating the number of students from regulatory action under Executive Order regulatory action. The potential costs families below the poverty line (as 13563, which supplements and are those resulting from statutory provided in SAIPE data) in each of the explicitly reaffirms the principles, requirements and those we have LEAs the entity serves and dividing it structures, and definitions governing determined as necessary for by the total number of students (as regulatory review established in administering the Department’s provided in SAIPE data) in all of the Executive Order 12866. To the extent programs and activities. LEAs the entity serves. permitted by law, Executive Order An LEA for which SAIPE data are not 13563 requires that an agency— Potential Costs and Benefits available, such as a non-geographic (1) Propose or adopt regulations only The Department believes that this charter school, must provide a upon a reasoned determination that regulatory action will not impose determination by the State educational their benefits justify their costs significant costs on eligible entities,
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whose participation in our programs is coordination and review of proposed SUMMARY: NMFS is prohibiting retention voluntary, and costs can generally be Federal financial assistance. of Pacific cod by catcher/processors covered with grant funds. As a result, This document provides early using trawl gear in the Central the final priorities and requirement will notification of our specific plans and Regulatory Area of the Gulf of Alaska not impose any particular burden except actions for this program. (GOA). This action is necessary because when an entity voluntarily elects to Accessible Format: On request to the the 2021 total allowable catch of Pacific apply for a grant. The benefits of the program contact person listed under FOR cod allocated to catcher/processors priorities and requirement will FURTHER INFORMATION CONTACT, using trawl gear in the Central outweigh any associated costs because individuals with disabilities can obtain Regulatory Area of the GOA has been they will help ensure that the this document in an accessible format. reached. Department’s discretionary grant The Department will provide the DATES: Effective 1200 hours, Alaska programs select high-quality applicants requestor with an accessible format that local time (A.l.t.), July 8, 2021, through to implement activities that are may include Rich Text Format (RTF) or 2400 hours, A.l.t., December 31, 2021. designed to address innovative text format (txt), a thumb drive, an MP3 FOR FURTHER INFORMATION CONTACT: approaches to literacy. In addition, file, braille, large print, audiotape, or Obren Davis, 907–586–7228. these priorities and requirement are compact disc, or other accessible format. SUPPLEMENTARY INFORMATION: specifically targeted to prioritize Electronic Access to This Document: NMFS applicants from underserved areas and The official version of this document is manages the groundfish fishery in the reduce application burden on such the document published in the Federal GOA exclusive economic zone applicants. Register. You may access the official according to the Fishery Management edition of the Federal Register and the Plan for Groundfish of the Gulf of Regulatory Flexibility Act Certification Code of Federal Regulations at Alaska (FMP) prepared by the North The Secretary certifies that this www.govinfo.gov. At this site you can Pacific Fishery Management Council regulatory action will not have a view this document, as well as all other under authority of the Magnuson- significant economic impact on a documents of the Department published Stevens Fishery Conservation and substantial number of small entities. in the Federal Register, in text or Adobe Management Act. Regulations governing The U.S. Small Business Administration Portable Document Format (PDF). To fishing by U.S. vessels in accordance Size Standards define proprietary use PDF you must have Adobe Acrobat with the FMP appear at subpart H of 50 institutions as small businesses if they Reader, which is available free at the CFR part 600 and 50 CFR part 679. The 2021 total allowable catch (TAC) are independently owned and operated, site. of Pacific cod allocated to catcher/ are not dominant in their field of You may also access documents of the processors using trawl gear in the operation, and have total annual Department published in the Federal Central Regulatory Area of the GOA is revenue below $7,000,000. Nonprofit Register by using the article search 426 metric tons (mt) as established by institutions are defined as small entities feature at: www.federalregister.gov. the final 2021 and 2022 harvest if they are independently owned and Specifically, through the advanced specifications for groundfish of the GOA operated and not dominant in their field search feature at this site, you can limit (86 FR 10184, February 19, 2021). of operation. Public institutions are your search to documents published by In accordance with § 679.20(d)(2), the defined as small organizations if they the Department. Administrator, Alaska Region, NMFS are operated by a government Ian Rosenblum, (Regional Administrator), has overseeing a population below 50,000. Deputy Assistant Secretary for Policy and determined that the 2021 TAC of Pacific Of the impacts we estimate accruing Programs Delegated the Authority to Perform cod allocated to catcher/processors to grantees or eligible entities, all are the Functions and Duties of the Assistant using trawl gear in the Central voluntary and related mostly to an Secretary, Office of Elementary and Regulatory Area of the GOA has been increase in the number of applications Secondary Education. reached. Therefore, NMFS is requiring prepared and submitted annually for [FR Doc. 2021–14758 Filed 7–9–21; 8:45 am] that Pacific cod caught by catcher/ competitive grant competitions. BILLING CODE 4000–01–P processors using trawl gear in the Therefore, we do not believe that the Central Regulatory Area of the GOA be final priorities and requirement will treated as prohibited species in significantly impact small entities accordance with § 679.21(a)(2). beyond the potential for increasing the DEPARTMENT OF COMMERCE Classification likelihood of their applying for, and National Oceanic and Atmospheric receiving, competitive grants from the Administration NMFS issues this action pursuant to Department. section 305(d) of the Magnuson-Stevens Paperwork Reduction Act 50 CFR Part 679 Act. This action is required by 50 CFR part 679, which was issued pursuant to The final priorities and requirement [Docket No. 210210–0018; RTID 0648– section 304(b), and is exempt from contain information collection XB226] review under Executive Order 12866. requirements that are approved by OMB Pursuant to 5 U.S.C. 553(b)(B), there under OMB control number 1894–0006. Fisheries of the Exclusive Economic is good cause to waive prior notice and Intergovernmental Review: This Zone Off Alaska; Pacific Cod in the an opportunity for public comment on program is subject to Executive Order Central Regulatory Area of the Gulf of this action, as notice and comment 12372 and the regulations in 34 CFR Alaska would be impracticable and contrary to part 79. One of the objectives of the AGENCY: National Marine Fisheries the public interest, as it would prevent Executive order is to foster an Service (NMFS), National Oceanic and NMFS from responding to the most intergovernmental partnership and a Atmospheric Administration (NOAA), recent fisheries data in a timely fashion strengthened federalism. The Executive Commerce. and would delay prohibiting the order relies on processes developed by retention of Pacific cod by catcher/ ACTION: Temporary rule; closure. State and local governments for processors using trawl gear in the
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Central Regulatory Area of the GOA. date of this action under 5 U.S.C. Dated: July 7, 2021. NMFS was unable to publish a notice 553(d)(3). This finding is based upon Jennifer M. Wallace, providing time for public comment the reasons provided above for waiver of Acting Director, Office of Sustainable because the most recent, relevant data prior notice and opportunity for public Fisheries, National Marine Fisheries Service. only became available as of July 7, 2021. comment. [FR Doc. 2021–14805 Filed 7–8–21; 4:15 pm] The AA also finds good cause to BILLING CODE 3510–22–P waive the 30-day delay in the effective Authority: 16 U.S.C. 1801 et seq.
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Proposed Rules Federal Register Vol. 86, No. 130
Monday, July 12, 2021
This section of the FEDERAL REGISTER ADDRESSES: You may send comments, Comments Invited contains notices to the public of the proposed using the procedures found in 14 CFR The FAA invites you to send any issuance of rules and regulations. The 11.43 and 11.45, by any of the following purpose of these notices is to give interested written relevant data, views, or methods: arguments about this proposal. Send persons an opportunity to participate in the • Federal eRulemaking Portal: Go to rule making prior to the adoption of the final your comments to an address listed https://www.regulations.gov. Follow the rules. under ADDRESSES. Include ‘‘Docket No. instructions for submitting comments. FAA–2021–0559; Project Identifier • Fax: (202) 493–2251. • MCAI–2021–00079–R’’ at the beginning DEPARTMENT OF TRANSPORTATION Mail: U.S. Department of of your comments. The most helpful Transportation, Docket Operations, comments reference a specific portion of Federal Aviation Administration M–30, West Building Ground Floor, the proposal, explain the reason for any Room W12–140, 1200 New Jersey recommended change, and include 14 CFR Part 39 Avenue SE, Washington, DC 20590. • supporting data. The FAA will consider Hand Delivery: Deliver to Mail all comments received by the closing [Docket No. FAA–2021–0559; Project address above between 9 a.m. and 5 Identifier MCAI–2021–00079–R] date and may amend this proposal p.m., Monday through Friday, except because of those comments. Federal holidays. RIN 2120–AA64 Except for Confidential Business For material that is proposed for IBR Information (CBI) as described in the in this AD, contact the EASA, Konrad- following paragraph, and other Airworthiness Directives; Airbus Adenauer-Ufer 3, 50668 Cologne, Helicopters information as described in 14 CFR Germany; telephone +49 221 8999 000; 11.35, the FAA will post all comments AGENCY: Federal Aviation email [email protected]; internet received, without change, to https:// Administration (FAA), DOT. www.easa.europa.eu. You may find this www.regulations.gov, including any ACTION: Notice of proposed rulemaking IBR material on the EASA website at personal information you provide. The (NPRM). https://ad.easa.europa.eu. You may agency will also post a report view this material at the FAA, Office of summarizing each substantive verbal SUMMARY: The FAA proposes to the Regional Counsel, Southwest contact received about this proposal. supersede airworthiness directive (AD) Region, 10101 Hillwood Pkwy., Room 2020–24–03 which applies to certain 6N–321, Fort Worth, TX 76177. For Confidential Business Information Airbus Helicopters Model AS350B, information on the availability of this CBI is commercial or financial AS350BA, AS350B1, AS350B2, material at the FAA, call (817) 222– information that is both customarily and AS350D, AS355E, AS355F, AS355F1, 5110. It is also available in the AD actually treated as private by its owner. and AS355F2 helicopters. AD 2020–24– docket on the internet at https:// Under the Freedom of Information Act 03 requires testing the UP/DOWN www.regulations.gov by searching for (FOIA) (5 U.S.C. 552), CBI is exempt switches of a certain part-numbered and locating Docket No. FAA–2021– from public disclosure. If your DUNLOP cyclic stick grip, installing a 0559. comments responsive to this NPRM placard, and revising the existing Examining the AD Docket contain commercial or financial Rotorcraft Flight Manual (RFM) for your information that is customarily treated helicopter, or removing the DUNLOP You may examine the AD docket on as private, that you actually treat as cyclic stick grip. Since the FAA issued the internet at https:// private, and that is relevant or AD 2020–24–03, Airbus Helicopters www.regulations.gov by searching for responsive to this NPRM, it is important developed a modification procedure for and locating Docket No. FAA–2021– that you clearly designate the submitted the electrical wiring of the hoist control 0559; or in person at Docket Operations comments as CBI. Please mark each of the DUNLOP cyclic stick grip. This between 9 a.m. and 5 p.m., Monday page of your submission containing CBI proposed AD would retain some through Friday, except Federal holidays. as ‘‘PROPIN.’’ The FAA will treat such requirements of AD 2020–24–03 and The AD docket contains this NPRM, any marked submissions as confidential would also require incorporating the comments received, and other under the FOIA, and they will not be new modification, and removing the information. The street address for placed in the public docket of this placard and the RFM amendment Docket Operations is listed above. NPRM. Submissions containing CBI installed previously as required by AD Comments will be available in the AD should be sent to Daniel Poblete, 2020–24–03. The proposed additional docket shortly after receipt. Aerospace Engineer, Systems & actions would be required as specified FOR FURTHER INFORMATION CONTACT: Equipment Section, Los Angeles ACO in a European Union Aviation Safety Daniel Poblete, Aerospace Engineer, Branch, Compliance & Airworthiness Agency (EASA) AD, which is proposed Systems & Equipment Section, Los Division, 3960 Paramount Blvd., for incorporation by reference (IBR). The Angeles ACO Branch, Compliance & Lakewood, CA 90712; telephone (562) FAA is proposing this AD to address the Airworthiness Division, 3960 627–5335; email: daniel.d.poblete@ unsafe condition on these products. Paramount Blvd., Lakewood, CA 90712; faa.gov. Any commentary that the FAA DATES: The FAA must receive comments telephone (562) 627–5335; email: receives that is not specifically on this proposed AD by August 26, [email protected]. designated as CBI will be placed in the 2021. SUPPLEMENTARY INFORMATION: public docket for this rulemaking.
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Background MC20096 and Airbus Helicopters Between this Proposed AD and EASA The FAA issued AD 2020–24–03, issuing service information for AD 2021–0023.’’ performing this modification on the Amendment 39–21333 (85 FR 76955, Explanation of Required Compliance DUNLOP cyclic stick. The FAA is December 1, 2020), (AD 2020–24–03), Information proposing this AD to address which applies to Airbus Helicopters In the FAA’s ongoing efforts to Model AS350B, AS350BA, AS350B1, inadvertent activation of the rescue hoist cable cutter function and improve the efficiency of the AD AS350B2, AS350D, AS355E, AS355F, process, the FAA developed a process to AS355F1, and AS355F2 helicopters consequent detachment of an external load or person from the helicopter hoist, use certain civil aviation authority with DUNLOP cyclic stick grip (CAA) ADs as the primary source of manufacturer part number (MP/N) possibly resulting in personal injury, or injury to persons on the ground. See information for compliance with AC66444 with UP/DOWN switches for requirements for corresponding FAA rescue hoist control installed. AD 2020– EASA AD 2021–0023 for additional background information. ADs. The FAA has been coordinating 24–03 requires accomplishing a ground this process with manufacturers and test of the UP/DOWN switches of Related Service Information Under 1 CAAs. As a result, EASA AD 2021–0023 DUNLOP cyclic stick grip for proper CFR Part 51 will be incorporated by reference in the function before each hoist operation. If EASA AD 2021–0023 specifies FAA final rule. This proposed AD there is any uncommanded hoist action, procedures for installing the placard would, therefore, require compliance AD 2020–24–03 requires removing the and revising the Flight Manual to with EASA AD 2021–0023 in its DUNLOP cyclic stick grip from service. prohibit the use of the UP/DOWN entirety, through that incorporation, If DUNLOP cyclic stick grip MP/N switches of the DUNLOP cyclic stick except for any differences identified as AC66444 is installed, before the next MP/N AC66444. EASA AD 2021–0023 exceptions in the regulatory text of this operation, AD 2020–24–03 also requires also specifies procedures for modifying proposed AD. Using common terms that installing a placard and revising the the electrical wiring of the DUNLOP are the same as the heading of a existing RFM for your helicopter to cyclic stick and removing both the particular section in EASA AD 2021– prohibit the use of the UP/DOWN placard and RFM amendment 0023 does not mean that operators need switches of the DUNLOP cyclic stick previously installed. comply only with that section. For grip. Alternatively, AD 2020–24–03 This material is reasonably available example, where the AD requirement allows removing DUNLOP cyclic stick because the interested parties have refers to ‘‘all required actions and grip MP/N AC66444, however before the access to it through their normal course compliance times,’’ compliance with DUNLOP cyclic stick grip is re-installed, of business or by the means identified this AD requirement is not limited to AD 2020–24–03 requires accomplishing in the ADDRESSES section. the section titled ‘‘Required Action(s) a ground test of the UP/DOWN switches and Compliance Time(s)’’ in EASA AD and installing the placard and revising FAA’s Determination and Requirements 2021–0023. Service information the existing RFM for your helicopter. of This Proposed AD specified in EASA AD 2021–0023 that is AD 2020–24–03 also prohibits installing These helicopters have been approved required for compliance with it will be an affected DUNLOP cyclic stick grip by the aviation authority of another available at https://www.regulations.gov unless the ground testing of the UP/ country, and are approved for operation by searching for and locating Docket No. DOWN switches has been in the United States. Pursuant to the FAA–2021–0559 after the FAA final accomplished, the placard has been bilateral agreement with the State of rule is published. installed, and the existing RFM for your Design Authority, the FAA has been helicopter has been revised. The FAA Differences Between This Proposed AD notified of the unsafe condition and EASA AD 2021–0023 issued AD 2020–24–03 to prevent an described in the EASA AD referenced inadvertent activation of the rescue above. The FAA is proposing this AD For helicopters with DUNLOP cyclic hoist cable cutter and consequent after evaluating all the relevant stick grip MP/N AC66444 with UP/ detachment of an external load or information and determining the unsafe DOWN switches for rescue hoist control person from the helicopter hoist. This condition described previously is likely installed, this proposed AD would unsafe condition could result in to exist or develop in other products of require accomplishing a ground test of personal injury or injury to persons on these same type designs. the UP/DOWN switches for proper the ground. function before each hoist operation, Explanation of Retained Requirements whereas the EASA AD does not. Where Actions Since AD 2020–24–03 Was Although this proposed AD does not EASA AD 2021–0023 refers to its Issued explicitly restate the requirements of AD effective date or the effective date of Since the FAA issued AD 2020–24– 2020–24–03, this proposed AD would EASA Emergency AD 2020–0217–E, 03, Airbus Helicopters developed a retain certain requirements of AD 2020– dated October 8, 2020, this proposed AD modification (MOD) MC20096 and 24–03. Those requirements are would require using the effective date of issued service information that provides referenced in EASA AD 2021–0023, this AD. Where the service information instructions for modifying the electrical which, in turn, is referenced in referenced in EASA AD 2021–0023 wiring of the hoist control on DUNLOP paragraph (g) of this proposed AD. specifies ‘‘work must be performed on cyclic stick grips. the helicopter by the operator,’’ this EASA, which is the Technical Agent Proposed AD Requirements proposed AD would require that the for the Member States of the European This proposed AD would require work be accomplished by a mechanic Union, has issued EASA AD 2021–0023, accomplishing the actions specified in that meets the requirements of 14 CFR dated January 19, 2021 (EASA AD EASA AD 2021–0023 described part 65 subpart D. Where the service 2021–0023) to correct an unsafe previously, as incorporated by information referenced in EASA AD condition for Airbus Helicopters Model reference, except for any differences 2021–0023 specifies to discard certain AS 350 and AS 355 helicopters. identified as exceptions in the placards and Flight Manual pages (that This proposed AD was prompted by regulatory text of this proposed AD and were required by EASA AD 2020–0217– Airbus Helicopters developing MOD except as discussed under ‘‘Differences E), this proposed AD would require
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removing them instead. EASA AD develop on products identified in this European Union Aviation Safety Agency 2021–0023 requires operators to ‘‘inform rulemaking action. (EASA) AD 2021–0023, dated January 19, all flight crews’’ and thereafter to 2021 (EASA AD 2021–0023). Regulatory Findings ‘‘operate the helicopter accordingly.’’ (d) Subject However, this proposed AD would not The FAA determined that this Joint Aircraft System Component (JASC) require those actions. Where paragraph proposed AD would not have federalism Code 2500, Cabin Equipment/Furnishings. (4) of EASA AD 2020–0023 allows implications under Executive Order modifying a Group 2 helicopter into a 13132. This proposed AD would not (e) Unsafe Condition Group 1 helicopter, this proposed AD have a substantial direct effect on the This AD was prompted by the would also require accomplishing the States, on the relationship between the development of a modification of the requirements of paragraph (g)(1) of this national Government and the States, or electrical wiring of the hoist control on the DUNLOP cyclic stick grip. The FAA is AD. Finally, the service information on the distribution of power and issuing this AD to prevent inadvertent referenced in EASA AD 2021–0023 responsibilities among the various activation of the rescue hoist cable cutter and requires reporting certain information, levels of government. consequent detachment of an external load or whereas this proposed AD would not. For the reasons discussed above, I person from the helicopter hoist. This certify this proposed regulation: condition could result in personal injury or Costs of Compliance (1) Is not a ‘‘significant regulatory injury to persons on the ground. The FAA estimates that this proposed action’’ under Executive Order 12866, (f) Compliance AD would affect 390 helicopters of U.S. (2) Would not affect intrastate Registry. The FAA estimates that aviation in Alaska, and Comply with this AD within the operators may incur the following costs compliance times specified, unless already (3) Would not have a significant done. in order to comply with this proposed economic impact, positive or negative, AD. Labor costs are estimated at $85 per on a substantial number of small entities (g) Requirements work-hour. under the criteria of the Regulatory (1) For helicopters with DUNLOP cyclic Accomplishing a ground test of the Flexibility Act. stick grip manufacturer part number UP/DOWN switches for proper function AC66444 with UP/DOWN switches for rescue takes a minimal amount of time for a List of Subjects in 14 CFR Part 39 hoist control installed, before each hoist nominal cost. Replacing a DUNLOP Air transportation, Aircraft, Aviation operation after December 16, 2020 (the cyclic stick grip, if required, takes about effective date of AD 2020–24–03), safety, Incorporation by reference, accomplish a ground test of the UP/DOWN 2.5 work-hours and parts cost about Safety. switches for proper function. If there is any $2,500 for an estimated cost of $2,713. The Proposed Amendment uncommanded hoist action, before further Installing the placard and revising the flight, remove the DUNLOP cyclic stick grip existing RFM for your helicopter would Accordingly, under the authority from service. Accomplishing the take about 0.5 work-hour for an delegated to me by the Administrator, modification in paragraph (2) of EASA AD estimated cost of $43 per helicopter and the FAA proposes to amend 14 CFR part 2021–0023 constitutes terminating action for $16,770 for the U.S. fleet. 39 as follows: the requirements of this paragraph. Modifying the electrical wiring of the (2) Except as specified in paragraph (h) of DUNLOP cyclic stick would take up to PART 39—AIRWORTHINESS this AD: Comply with all required actions DIRECTIVES and compliance times specified in, and in 4 work-hours and parts would cost accordance with, EASA AD 2021–0023. $2,147 for an estimated cost of up to ■ $2,487 per helicopter and $969,930 for 1. The authority citation for part 39 (h) Exceptions to EASA AD 2021–0023 the U.S. fleet. Removing the placard and continues to read as follows: (1) Where EASA AD 2021–0023 refers to revising the existing RFM for your Authority: 49 U.S.C. 106(g), 40113, 44701. October 8, 2020 (the effective date of EASA helicopter would take about 0.5 work- Emergency AD 2020–0217–E, dated October § 39.13 [Amended] hour for an estimated cost of $43 per 6, 2020 (EASA AD 2020–0217–E)), this AD ■ requires using the effective date of this AD. helicopter and $16,770 for the U.S. fleet. 2. The FAA amends § 39.13 by: ■ a. Removing Airworthiness Directive (2) Where the service information Authority for This Rulemaking (AD) 2020–24–03, Amendment 39– referenced in paragraph (1) of EASA AD 2020–0023 specifies that the ‘‘work must be Title 49 of the United States Code 21333 (85 FR 76955, December 1, 2020); performed on the helicopter by the operator,’’ specifies the FAA’s authority to issue and this AD requires that the work be rules on aviation safety. Subtitle I, ■ b. Adding the following new AD: accomplished by a mechanic that meets the section 106, describes the authority of Airbus Helicopters: Docket No. FAA–2021– requirements of 14 CFR part 65 subpart D. the FAA Administrator. Subtitle VII: 0559; Project Identifier MCAI–2021– (3) Where EASA AD 2021–0023 refers to its Aviation Programs, describes in more 00079–R. effective date, this AD requires using the detail the scope of the Agency’s effective date of this AD. (a) Comments Due Date (4) Where EASA AD 2021–0023 refers to authority. flight hours (FH), this AD requires using The FAA is issuing this rulemaking The FAA must receive comments on this airworthiness directive (AD) by August 26, hours time-in-service. under the authority described in 2021. (5) Where the service information Subtitle VII, Part A, Subpart III, Section referenced in EASA AD 2021–0023 specifies 44701: General requirements. Under (b) Affected ADs to discard certain placards and Flight Manual that section, Congress charges the FAA This AD replaces AD 2020–24–03, pages (that were required by EASA AD 2020– with promoting safe flight of civil Amendment 39–21333 (85 FR 76955, 0217–E), this AD requires removing them. aircraft in air commerce by prescribing December 1, 2020) (AD 2020–24–03). (6) Where paragraph (3) of EASA AD 2021– regulations for practices, methods, and 0023 specifies to ‘‘inform all flight crews and, (c) Applicability thereafter, operate the helicopter procedures the Administrator finds This AD applies to Airbus Helicopters accordingly,’’ this AD does not require those necessary for safety in air commerce. Model AS350B, AS350BA, AS350B1, actions. This regulation is within the scope of AS350B2, AS350D, AS355E, AS355F, (7) Where paragraph (4) of EASA AD 2020– that authority because it addresses an AS355F1, and AS355F2 helicopters, 0023 allows modifying a Group 2 helicopter unsafe condition that is likely to exist or certificated in any category, as identified in into a Group 1 helicopter, this AD also
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requires accomplishing the requirements of DEPARTMENT OF COMMERCE https://www.regulations.gov and enter paragraph (g)(1) of this AD. NOAA–NMFS–2020–0166 in the Search (8) The ‘‘Remarks’’ section of EASA AD National Oceanic and Atmospheric box. Click on the ‘‘Comment’’ icon, 2021–0023 does not apply to this AD. Administration complete the required fields, and enter (i) No Reporting Requirement or attach your comments. 50 CFR Part 648 Instructions: Comments sent by any Where the service information referenced other method, to any other address or in EASA AD 2021–0023 specifies to submit [Docket No.: 210630–0140] individual, or received after the end of certain information to the manufacturer, this RIN 0648–BK10 the comment period, may not be AD does not include that requirement. considered by NMFS. All comments Fisheries of the Northeastern United (j) Alternative Methods of Compliance received are a part of the public record States; Southern Red Hake Rebuilding (AMOCs) and will generally be posted for public Plan; Framework Adjustment 62 to the viewing on www.regulations.gov (1) The Manager, International Validation Small-Mesh Multispecies Fishery without change. All personal identifying Branch, FAA, has the authority to approve Management Plan AMOCs for this AD, if requested using the information (e.g., name, address, etc.), procedures found in 14 CFR 39.19. In AGENCY: National Marine Fisheries confidential business information, or accordance with 14 CFR 39.19, send your Service (NMFS), National Oceanic and otherwise sensitive information request to your principal inspector or local Atmospheric Administration (NOAA), submitted voluntarily by the sender will Flight Standards District Office, as Commerce. be publicly accessible. NMFS will appropriate. If sending information directly ACTION: Proposed rule; request for accept anonymous comments (enter ‘‘N/ to the manager of the International Validation comments. A’’ in the required fields if you wish to Branch, send it to the attention of the person remain anonymous). identified in paragraph (k)(2) of this AD. SUMMARY: NMFS proposes to approve FOR FURTHER INFORMATION CONTACT: Information may be emailed to: 9-ANM- and implement Framework Adjustment Laura Hansen, Fishery Management [email protected]. 62 for Whiting, Red Hake, and Offshore Specialist, 978–281–9225. (2) Before using any approved AMOC, Hake to the Northeast Multispecies SUPPLEMENTARY INFORMATION: notify your appropriate principal inspector, Fishery Management Plan. The purpose or lacking a principal inspector, the manager of this action is to establish a 10-year Background of the local flight standards district office/ rebuilding plan and adjust management certificate holding district office. In January 2018, the southern red measures for the overfished southern hake stock was declared overfished. To (k) Related Information red hake stock. This action is necessary meet the Magnuson-Stevens Act to meet the statutory requirements for (1) For EASA AD 2021–0023, contact the requirements of an overfished stock, a an overfished stock and rebuilding plan EASA, Konrad-Adenauer-Ufer 3, 50668 rebuilding plan and associated Cologne, Germany; telephone +49 221 8999 consistent with the Magnuson-Stevens management measure changes are 000; email [email protected]; internet Fishery Conservation and Management necessary to prevent overfishing, ensure www.easa.europa.eu. You may find this Act. adequate rebuilding, and help achieve EASA AD on the EASA website at https:// DATES: Comments must be received by optimum yield in the fishery. The New ad.easa.europa.eu. For Airbus Helicopter July 27, 2021. England Fishery Management Council service information identified in this AD, ADDRESSES: The New England Fishery took final action on this framework at its Airbus Helicopters, 2701 N. Forum Drive, Management Council has prepared a June 2020 meeting and submitted the Grand Prairie, TX 75052; telephone (972) draft environmental assessment (EA) for action to us in mid-August 2020. 641–0000 or (800) 232–0323; fax (972) 641– this action that describes the proposed Proposed Action 3775; or at https://www.airbus.com/ measures in Framework Adjustment 62, helicopters/services/technical-support.html. other considered alternatives, and Framework 62 would establish a 10- You may view this material at the FAA, analyzes the impacts of the proposed year rebuilding schedule for southern Office of the Regional Counsel, Southwest measures and alternatives. The Council red hake. The proposed rebuilding Region, 10101 Hillwood Pkwy., Room 6N– submitted a draft of Framework 62 to schedule is a range from a minimum 321, Fort Worth, TX 76177. For information NMFS that includes the draft EA, a associated with a similar increase in on the availability of this material at the description of the Council’s preferred biomass that occurred during 2006– FAA, call (817) 222–5110. The EASA alternatives, and the Council’s rationale 2011 to a longer duration that accounts material may be found in the AD docket on for biological characteristics of red hake. the internet at https://www.regulations.gov for selecting each alternative. Copies of Southern red hake are fully mature, on by searching for and locating Docket No. the draft Framework 62, the draft EA, average, at age 3 and the maximum FAA–2021–0559. and information on the economic (2) For more information about this AD, impacts of this proposed rulemaking are observed age is 10 years in 2011–2019 contact Daniel Poblete, Aerospace Engineer, available upon request from Thomas A. survey data. By applying the estimated Systems & Equipment Section, Los Angeles Nies, Executive Director, New England maturation rate and using biomass at ACO Branch, Compliance & Airworthiness Fishery Management Council, 50 Water age as a guide, and making reasonable Division, 3960 Paramount Blvd., Lakewood, Street, Newburyport, MA 01950 and assumptions that fertility (increases by 5 CA 90712; telephone (562) 627–5335; email accessible via the internet in documents percent per year after age 3) and egg [email protected]. available at: https://www.nefmc.org/ viability (full viability at age 5) increase library/framework-62. with age, the Whiting Plan Development Issued on July 2, 2021. You may submit comments on this Team estimated that 50 percent of Gaetano A. Sciortino, document, identified by NOAA–NMFS– lifetime egg production of an unfished Deputy Director for Strategic Initiatives, 2020–0166, by any of the following female occurs at 4.4 years. By definition, Compliance & Airworthiness Division, methods: it would take 50 percent of a female’s Aircraft Certification Service. • Electronic Submission: Submit all egg production to exactly replace itself [FR Doc. 2021–14692 Filed 7–9–21; 8:45 am] electronic public comments via the and its mate with offspring that would BILLING CODE 4910–13–P Federal e-Rulemaking Portal. Go to spawn a successive generation. It would
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be reasonable to expect a higher level of The Chief Counsel for Regulation of The low negative economic loss to confidence that southern red hake can the Department of Commerce certified small entities from this action are rebuild in approximately two to the Chief Counsel for Advocacy of the associated with the small decrease in generations, which equates to 10 years. Small Business Administration that this the southern red hake possession limit. Under this rebuilding program, catch proposed rule, if adopted, would not The suite of preferred alternatives will limits would be established by reducing have a significant economic impact on result in a slight loss in revenue from a the acceptable biological catch (ABC) to a substantial number of small entities. slight decrease in southern red hake 75-percent of the fishing mortality rate The factual basis for this certification is landings compared to taking no action, at maximum sustainable yield (FMSY) for as follows. which would keep the southern red the duration of the rebuilding period or The New England Fishery hake possession limit at 5,000 lb (2,268 until the stock reaches its biomass Management Council evaluated the kg) and allow higher overall catch limits target, whichever happens first. In past potential socioeconomic impacts of the (i.e., higher ABC). The proposed years, the ABC has been set at 90- proposed measures in conjunction with changes in management measures are percent or higher of the FMSY. In an environmental assessment. This rule not likely to dramatically change fishing addition, it would decrease the trip would affect all permitted small-mesh behavior and or catch because 60 to 80 possession limit from 5,000 pounds (lb) multispecies vessels; therefore, the percent of southern red hake are (2,268 kilograms (kg)) to a dual 1,000-lb/ direct regulated entity is a firm that currently discarded due to lack of 600-lb (453.6-kg/272.2-kg) possession owns at least one small-mesh marketability. The magnitude in limit based on the selectivity of the gear multispecies permit (either an open economic loss is low because the stock type or mesh size being used. The 600- access or limited access Northeast is not typically targeted. Therefore, the lb (272.2 kg) possession limit would multispecies permit). These businesses Council concluded, and NMFS agrees, apply to standard small-mesh trawls catch a small fraction of small-mesh that this action would not have a (less than 5.5-inch (13.97- centimeters multispecies; furthermore, they are significant adverse impact on a (cm) square or diamond mesh), which minimally affected by the proposed substantial number of small businesses. are less selective, while the 1,000-lb action. To estimate the number of This proposed rule contains no (453.6-kg) possession limit would apply commercial entities that may experience information collection requirements to large-mesh trawls and other more impacts from the proposed action, under the Paperwork Reduction Act of selective gear types. These small-mesh active small-mesh multispecies entities 1995. landing southern red hake are defined selective gear types include raised- List of Subjects in 50 CFR Part 648 footrope trawls, large-mesh belly panel as those entities containing permits that trawls, and rope separator trawls. The are directly regulated and that landed Fisheries, Fishing, Recordkeeping and reduced possession limits are intended southern red hake in 2018 for reporting requirements. commercial sale. In 2018, there were to reduce landings and catch and to Dated: July 1, 2021. incentivize fishermen to use gear and 168 business entities landing southern red hake, of which 167 were classified Samuel D. Rauch III, gear configurations that reduce the catch Deputy Assistant Administrator for of red hake. The in-season as small business entities that could potentially be affected by the proposed Regulatory Programs, National Marine accountability measure will remain in Fisheries Service. place which would reduce the action. However, it is further estimated that the proposed action would affect For the reasons set out in the possession limit to 400 lb (181 kg) when only about 50 of those 167 identified as preamble, 50 CFR part 648 is proposed the landings meet or exceed the total small business entities. These 50 small to be amended as follows: allowable landings (TAL) trigger at 40.4 business entities derived, on average, percent of the ACL. The Regional about 0.57 percent of total entity PART 648—FISHERIES OF THE Administrator may deem other gears as revenue from red hake. NORTHEASTERN UNITED STATES selective based on an evaluation of their The measures proposed in Framework ■ ability to adequately reduce the catch of 62 would increase the long-term 1. The authority citation for part 648 red hake and would be announced economic benefits on small entities. The continues to read as follows: through issuance of a rule in the Federal proposed action would establish a Authority: 16 U.S.C. 1801 et seq. Register. In addition, the 1,000-lb rebuilding plan and management ■ (453.6-kg) possession limit applies to 2. In § 648.86, add paragraph (d)(1)(v) measures for the southern red hake to read as follows: vessels when using gears other than stock. More specifically, the action trawls. would create a lower-tiered year-round § 648.86 NE Multispecies possession Classification trip possession limit based on gear restrictions. selectivity for southern red hake, unless * * * * * Pursuant to section 304(b)(1)(A) of the an in-season accountability measure is (d) * * * Magnuson-Stevens Fishery put in place which would reduce the (1) * * * Conservation and Management Act possession limit to 400 lb (181 kg) when (v) Possession of southern red hake (Magnuson-Stevens Act), the NMFS the landings meet or exceed the TAL while under a rebuilding plan. When Assistant Administrator has determined trigger at 40.4 percent of the ACL. This the southern red hake stock, defined as that this proposed rule is consistent is meant to incentivize vessels to use the statistical areas 525–526, 533–534, 541– with all applicable Fishery Management more selective gear to reduce overall 543, 537–539, 562, 611–616, 621–623, Plans that the Council manages, other southern red hake catch levels while 625–628, 631–634, 635–638, is under a provisions of the Magnuson-Stevens still allowing a slightly higher rebuilding plan, the year-round Act, and other applicable law, subject to possession limit to reduce regulatory possession limit for southern red hake further consideration after public discards. Overall, Framework 62 would shall be the following: comment. ensure that catch levels are sustainable (A) Vessels possessing on board or This proposed rule has been and contribute to rebuilding southern using nets of mesh size smaller than 5.5 determined to be not significant for red hake stock and, therefore, maximize in (13.97 cm). Owners and operators of purposes of Executive Order 12866. yield. vessels may possess and land no more
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than 600 lb (272 kg) of southern red ■ 3. In § 648.90, revise paragraphs (b)(2) that stock shall be set to 75-percent of hake per trip when: introductory text and (b)(2)(i) to read as the OFL for the duration of the (1) Using trawls with diamond or follows: rebuilding period or until the stock square mesh size less than 5.5 in (13.97 reaches its biomass target, whichever § 648.90 NE multispecies assessment, cm); and/or occurs first. (2) A vessel is in possession of a net framework procedures and specifications, with mesh size smaller than 5.5 in and flexible area action system. (B) ACLs. The red hake ACLs are (13.97 cm), unless it is properly stowed * * * * * equal to 95 percent of the corresponding and not available for immediate use in (b) * * * ABCs. accordance with § 648.2 and not used (2) Process for specifying ABCs, ACLs, (C) TALs. (1) The red hake TALs are on that trip. and TALs. The Whiting PDT shall equal to the northern red hake and (B) Vessels using nets of mesh size calculate the OFL and ABC values for southern red hake ACLs minus a discard each small-mesh multispecies stock greater than or equal to 5.5 in (13.97 estimate based on the most recent 3 based on the control rules established in cm), using small-mesh selective trawls, years of data and then reduced by 3 the FMP. These calculations shall be or gear other than trawl. Owners and percent to account for silver hake and operators may possess and land no more reviewed by the SSC and guided by offshore hake landings that occur in than 1,000 lb (453 kg) of southern red terms of reference developed by the state waters. hake per trip when: Council. The ACLs and TALs shall be (1) Using trawls with diamond or calculated based on the SSC’s approved (2) If more than two-thirds of the square mesh size 5.5 in (13.97 cm) or ABCs, as specified in paragraphs southern red hake TAL is harvested in larger; (a)(2)(i)(A) through (C), and (a)(2)(ii)(A) a single year, the Regional (2) Using small-mesh selective gear, through (C) of this section. Administrator shall consult with the including raised-footrope trawls as (i) Red hake—(A) ABCs. (1) The Council and will consider implementing defined in § 648.80(a)(9)(ii), large-mesh Council’s SSC will recommend an ABC quarterly TALs in the following fishing belly panel trawls as defined in to the Council for both the northern and year, as prescribed in the FMP and in a § 648.84(f), rope separator trawls as southern stocks of red hake. The red manner consistent with the defined in § 648.84(e), and other hake ABCs are reduced from the OFLs requirements of the Administrative selective gears deemed by the Regional based on an adjustment for scientific Procedure Act. Administrator to adequately reduce the uncertainty as specified in the FMP; the catch of red hake; or ABCs must be less than or equal to the * * * * * (3) When using gears other than OFL. [FR Doc. 2021–14457 Filed 7–9–21; 8:45 am] trawls. (2) While the southern red hake stock BILLING CODE 3510–22–P * * * * * is under a rebuilding plan, the ABC for
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Notices Federal Register Vol. 86, No. 130
Monday, July 12, 2021
This section of the FEDERAL REGISTER reduced on foreign-status production warranted at this time. The production contains documents other than rules or equipment. activity described in the notification proposed rules that are applicable to the The material/component sourced was authorized, subject to the FTZ Act public. Notices of hearings and investigations, from abroad is cold-rolled stainless steel and the FTZ Board’s regulations, committee meetings, agency decisions and sheet metal with punched holes (duty- including Section 400.14. rulings, delegations of authority, filing of petitions and applications and agency free). The request indicates that the Dated: July 7, 2021. material/component is subject to duties statements of organization and functions are Andrew McGilvray, under Section 232 of the Trade examples of documents appearing in this Executive Secretary. section. Expansion Act of 1962 (Section 232) and Section 301 of the Trade Act of [FR Doc. 2021–14704 Filed 7–9–21; 8:45 am] 1974 (Section 301), depending on the BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE country of origin. The applicable Section 232 and Section 301 decisions DEPARTMENT OF COMMERCE Foreign-Trade Zones Board require subject merchandise to be [B–51–2021] admitted to FTZs in privileged foreign International Trade Administration status (19 CFR 146.41). Foreign-Trade Zone (FTZ) 84— Public comment is invited from Houston, Texas; Notification of interested parties. Submissions shall be [C–570–096] Proposed Production Activity; addressed to the Board’s Executive Aluminum Wire and Cable From the Schlumberger Technology Secretary and sent to: [email protected]. The People’s Republic of China: Corporation, Reslink Product Center closing period for their receipt is August Rescission of Countervailing Duty (Sand Screens and Related 23, 2021. Administrative Review; 2019 Accessories); Baytown and Houston, A copy of the notification will be Texas available for public inspection in the AGENCY: Enforcement and Compliance, ‘‘Reading Room’’ section of the Board’s Schlumberger Technology International Trade Administration, website, which is accessible via Corporation, Reslink Product Center Department of Commerce. www.trade.gov/ftz. SUMMARY: (STC Reslink) submitted a notification For further information, contact The Department of Commerce of proposed production activity to the Juanita Chen at [email protected] (Commerce) is rescinding the FTZ Board for its facilities in Baytown or 202–482–1378. administrative review of the and Houston, Texas. The notification countervailing duty (CVD) order on conforming to the requirements of the Dated: July 7, 2021. aluminum wire and cable from the regulations of the FTZ Board (15 CFR Andrew McGilvray, People’s Republic of China (China) for 400.22) was received on July 1, 2021. Executive Secretary. the period of review (POR) April 8, STC Reslink already has authority to [FR Doc. 2021–14749 Filed 7–9–21; 8:45 am] 2019, through December 31, 2019. produce sand screens and related BILLING CODE 3510–DS–P DATES: Applicable July 12, 2021. accessories within Subzone 84AA. The current request would add a foreign FOR FURTHER INFORMATION CONTACT: status material/component to the scope DEPARTMENT OF COMMERCE Caitlin Monks, AD/CVD Operations, of authority. Pursuant to 15 CFR Office VII, Enforcement and 400.14(b), additional FTZ authority Foreign-Trade Zones Board Compliance, International Trade Administration, U.S. Department of would be limited to the specific foreign- [B–20–2021] status material/component described in Commerce, 1401 Constitution Avenue the submitted notification (as described Foreign-Trade Zone (FTZ) 177— NW, Washington, DC 20230; telephone: below) and subsequently authorized by Evansville, Indiana; Authorization of (202) 482–2670. the FTZ Board. Production Activity; AstraZeneca SUPPLEMENTARY INFORMATION: Production under FTZ procedures Pharmaceuticals LP (Pharmaceutical could exempt STC Reslink from Products); Mount Vernon, Indiana Background customs duty payments on the foreign- On December 2, 2020, Commerce On March 9, 2021, AstraZeneca status material/component used in published in the Federal Register a Pharmaceuticals LP submitted a export production. On its domestic notice of opportunity to request an sales, for the foreign-status material/ notification of proposed production administrative review of the CVD order component noted below, STC Reslink activity to the FTZ Board for its facility on aluminum wire and cable from China would be able to choose the duty rates within Subzone 177A, in Mount covering the POR.1 On December 31, during customs entry procedures that Vernon, Indiana. 2020, Commerce received timely apply to sand screens (with or without The notification was processed in requests for review of several companies filters), swell packers, joint adapters accordance with the regulations of the from Encore Wire Corporation (Encore) (bottom or top), and jumper tubes (duty FTZ Board (15 CFR part 400), including and Southwire Company LLC rate ranges from duty-free to 5.0%). STC notice in the Federal Register inviting Reslink would be able to avoid duty on public comment (86 FR 14578, March 1 See Antidumping or Countervailing Duty Order, foreign-status components which 17, 2021). On July 7, 2021, the applicant Finding, or Suspended Investigation; Opportunity become scrap/waste. Customs duties was notified of the FTZ Board’s decision to Request Administrative Review, 85 FR 77433 also could possibly be deferred or that no further review of the activity is (December 2, 2020) (Opportunity Notice).
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(collectively, the petitioners),2 and Confirmation of No Shipments.10 On at the time of entry, or withdrawal from separately, Repwire LLC (Repwire).3 April 19, 2021, Encore submitted timely warehouse, for consumption, in On February 4, 2020, in accordance comments in response to CBP’s accordance with 19 CFR with section 751(a) of the Tariff Act of Confirmation of No Shipments.11 In its 351.212(c)(1)(i). Commerce intends to 1930, as amended (the Act), Commerce comments, Encore reiterated its claim issue appropriate assessment published in the Federal Register a that ICF Cable made sales, shipments, instructions to CBP no earlier than 35 notice initiating an administrative and/or exports of aluminum wire and days after the publication of this notice review of ICF Cable and Jin Tiong cable produced in China during the POR in the Federal Register. Electrical Materials Manufacturer PTE. without paying applicable cash deposits, and requested that Commerce Notification Regarding Administrative Limited (Jin Tiong) (collectively, the Protective Order Companies Subject to the Review).4 On issue a quantity and value questionnaire 12 February 10, 2021, we notified to ICF Cable. Our analysis of the This notice serves as the only interested parties that information from record leads us to conclude that there reminder to parties subject to the U.S. Customs and Border Protection are no reviewable entries of aluminum administrative protective order (APO) of (CBP)’s database, which is comprised of wire and cable from China during the their responsibility concerning the actual U.S. entries of subject POR. For a full discussion of the destruction of proprietary information merchandise, indicated that there were comments raised by Encore and our disclosed under APO in accordance no POR entries of aluminum wire and analysis, see the Rescission with 19 CFR 351.305(a)(3). Timely 13 cable from China that are subject to CVD Memorandum. written notification of the return/ duties with respect to the Companies Rescission of Review destruction of APO materials or 5 conversion to judicial protective order is Subject to the Review. We invited It is Commerce’s practice to rescind interested parties to comment on the hereby requested. Failure to comply 6 an administrative review of a CVD with the regulations and terms of an CBP Entry Data. On February 18, 2021, order, pursuant to 19 CFR 351.213(d)(3), Encore submitted comments in response APO is a violation which is subject to when there are no reviewable entries of sanction. to the CBP Entry Data, alleging that ICF subject merchandise during the POR for Cable exported Chinese-origin subject which liquidation is suspended.14 Notification to Interested Parties merchandise to the United States during Normally, upon completion of an the POR, and requested that Commerce This determination is issued and administrative review, the suspended published pursuant to sections 751(a)(1) select ICF Cable as a mandatory entries are liquidated at the CVD respondent in the instant review.7 and 777(i)(1) of the Act, and 19 CFR assessment rate calculated for the 351.213(d)(4). On March 26, 2021, we requested that review period.15 Therefore, for an CBP confirm whether any shipments of administrative review to be conducted, Dated: July 6, 2021. aluminum wire and cable from China, there must be a reviewable, suspended James Maeder, produced and/or exported by ICF Cable entry that Commerce can instruct CBP Deputy Assistant Secretary for Antidumping or Jin Tiong entered the United States to liquidate at the CVD assessment rate and Countervailing Duty Operations. during the POR.8 On April 1, 2021, CBP calculated for the review period.16 [FR Doc. 2021–14748 Filed 7–9–21; 8:45 am] confirmed that there were no shipments Accordingly, in the absence of BILLING CODE 3510–DS–P of subject merchandise produced and/or suspended entries of subject exported by ICF Cable or Jin Tiong merchandise during the POR for either during the POR.9 We invited interested of the companies named in the DEPARTMENT OF COMMERCE parties to comment on CBP’s Initiation Notice, we are hereby rescinding this administrative review in International Trade Administration 2 See Petitioners’ Letter, ‘‘Aluminum Wire and accordance with 19 CFR 351.213(d)(3). Cable from the People’s Republic of China: Request [A–570–504] for Administrative Review,’’ dated December 31, Assessment Rates 2020. Commerce will instruct CBP to assess Petroleum Wax Candles From the 3 See Repwire’s Letter, ‘‘Aluminum Wire and countervailing duties on all appropriate People’s Republic of China: Final Cable from the People’s Republic of China, C–570– Results of the Expedited Fifth Sunset 096; Request for Administrative Review,’’ dated entries. Because Commerce is December 31, 2020. rescinding this review in its entirety, the Review of the Antidumping Duty Order 4 See Initiation of Antidumping and entries to which this administrative Countervailing Duty Administrative Reviews, 85 FR AGENCY: Enforcement and Compliance, review pertained shall be assessed at International Trade Administration, 8171 (February 4, 2021) (Initiation Notice); see also, rates equal to the cash deposit of Initiation of Antidumping and Countervailing Duty Department of Commerce. Administrative Reviews, 86 FR 17135 (April 1, estimated countervailing duties required 2021) (Revised Initiation Notice). SUMMARY: The Department of Commerce 5 See Memorandum, ‘‘Results of U.S. Customs 10 See Memorandum, ‘‘Deadline for Rebuttal (Commerce) finds that revocation of the and Border Protection Data Query,’’ dated February Factual Information,’’ dated April 14, 2021. antidumping duty order on petroleum 10, 2021 (CBP Entry Data). 11 See Encore’s Letter, ‘‘Aluminum Wire and wax candles (candles) from the People’s 6 Id. Cable from the People’s Republic of China: Republic of China (China) would be 7 See Encore’s Letter, ‘‘Aluminum Wire and Cable Comments on CBP No Shipments Response,’’ dated from the People’s Republic of China: Comments on April 19, 2021 (Encore’s Rebuttal Comments). likely to lead to continuation or Customs Data and Respondent Selection,’’ dated 12 Id. recurrence of dumping at the levels February 18, 2021 (Encore’s Respondent Selection 13 See Memorandum, ‘‘Rescission of the 2019 indicated in the ‘‘Final Results of Sunset Comments). Countervailing Duty Administrative Review,’’ dated Review’’ section of this notice. 8 See Memorandum, ‘‘Aluminum Wire and Cable concurrently with this notice (Rescission from the People’s Republic of China; No Shipment Memorandum). DATES: Applicable July 12, 2021. Inquiry for ICF Cable and Jin Tiong Electrical 14 See, e.g., Lightweight Thermal Paper from the FOR FURTHER INFORMATION CONTACT: Materials Manufacturer PTE. Limited during the People’s Republic of China: Notice of Rescission of Jasun Moy, AD/CVD Operations, Office period 04/08/2019 through 12/31/2019,’’ dated Countervailing Duty Administrative Review; 2015, April 13, 2021 (CBP’s Confirmation of No 82 FR 14349 (March 20, 2017). V, Enforcement and Compliance, Shipments) at Attachment. 15 See 19 CFR 351.212(b)(2). International Trade Administration, 9 Id. at 1. 16 See 19 CFR 351.213(d)(3). U.S. Department of Commerce, 1401
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Constitution Avenue NW, Washington, or recurrence of dumping in the event 1. Likelihood of Continuation or DC 20230; telephone: (202) 482–8194. of revocation and the magnitude of the Recurrence of Dumping 2. Magnitude of the Margins Likely To SUPPLEMENTARY INFORMATION: margins likely to prevail if the order were revoked, are addressed in the Prevail Background VII. Final Results of Sunset Review accompanying Issues and Decision VIII. Recommendation On August 28, 1986, Commerce Memorandum. A list of topics discussed published the antidumping duty order in the Issues and Decision [FR Doc. 2021–14710 Filed 7–9–21; 8:45 am] on candles from China.1 On March 31, Memorandum is included as an BILLING CODE 3510–DS–P 2021, Commerce published the notice of appendix to this notice. The Issues and initiation of the five-year sunset review Decision Memorandum is a public DEPARTMENT OF COMMERCE of the Order, pursuant to section 751(c) document and is on file electronically of the Tariff Act of 1930, as amended via Enforcement and Compliance’s International Trade Administration (the Act).2 On April 2, 2021, Commerce Antidumping and Countervailing Duty received a notice of intent to participate Centralized Electronic Service System in this sunset review from the National (ACCESS). ACCESS is available to [A–570–962, C–570–963] Candle Association (the petitioner) registered users at http:// Certain Potassium Phosphate Salts within the deadline specified in 19 CFR access.trade.gov. In addition, a complete From the People’s Republic of China: 351.218(d)(1)(i).3 The petitioner claimed version of the Issues and Decision Continuation of Antidumping and interested party status under section Memorandum can be accessed directly Countervailing Duty Orders 771(9)(C) of the Act as the petitioner in at http://enforcement.trade.gov/frn/. the less-than-fair-value investigation AGENCY: Enforcement and Compliance, Final Results of Sunset Review whose members are manufacturers, International Trade Administration, producers, or wholesalers of the Pursuant to sections 751(c)(1) and Department of Commerce. domestic like product. On April 29, 752(c)(1) and (3) of the Act, Commerce SUMMARY: As a result of the 2021, the petitioner provided a determines that revocation of the determinations by the Department of complete substantive response for this antidumping duty order on candles Commerce (Commerce) and the review within the 30-day deadline from China would likely lead to International Trade Commission (ITC) specified in 19 CFR 351.218(d)(3)(i).4 continuation or recurrence of dumping that revocation of the antidumping duty We received no substantive responses and that the magnitude of the margin of (AD) and countervailing duty (CVD) from any other interested parties, nor dumping likely to prevail would be was a hearing requested. On May 21, orders on certain potassium phosphate weighted-average margins up to 104.33 salts (salts) from the People’s Republic 2021, Commerce notified the U.S. percent.7 International Trade Commission that it of China (China) would likely lead to a did not receive an adequate substantive Administrative Protective Order (APO) continuation or recurrence of dumping, response from respondent interested This notice serves as the only countervailable subsidies, and material parties.5 As a result, pursuant to section reminder to interested parties subject to injury to an industry in the United 751(c)(3)(B) of the Act and 19 CFR an APO of their responsibility States, Commerce is publishing a notice 351.218(e)(1)(ii)(C)(2), Commerce concerning the return or destruction of of continuation of these AD and CVD conducted an expedited (120-day) proprietary information disclosed under orders. sunset review of this Order. APO in accordance with 19 CFR APPLICABLE DATE: Applicable July 12, 2021. Scope of the Order 351.305. Timely notification of the return or destruction of APO materials FOR FURTHER INFORMATION CONTACT: The products covered by the Order or conversion to judicial protective Emily Halle (AD order) or Mark Hoadley include certain scented or unscented order is hereby requested. Failure to (CVD order), AD/CVD Operations, petroleum wax candles made from comply with the regulations and terms Enforcement and Compliance, petroleum wax and having fiber or of an APO is a violation which is subject International Trade Administration, paper-cored wicks. For a full to sanction. U.S. Department of Commerce, 1401 description of the scope, see the Issues Constitution Avenue NW, Washington, and Decision Memorandum.6 Notification to Interested Parties DC 20230; telephone: (202) 482–0176 Analysis of Comments Received We are issuing and publishing these and (202) 482–3148. final results and notice in accordance All issues raised in this review, with sections 751(c), 752(c), and SUPPLEMENTARY INFORMATION: including the likelihood of continuation 777(i)(1) of the Act and 19 CFR 351.218. Background
1 See Antidumping Duty Order: Petroleum Wax Dated: July 2, 2021. On July 22, 2010, the Department of Candles from the People’s Republic of China, 51 FR Christian Marsh, Commerce (Commerce) published the 30686 (August 28, 1986) (Order). Acting Assistant Secretary for Enforcement AD and CVD orders on salts from 2 See Initiation of Five-Year (Sunset) Reviews, 86 and Compliance. 1 FR 16701 (March 31, 2021). China. On November 1, 2020, the ITC 2 3 See Petitioner’s Letter, ‘‘Notice of Intent to Appendix instituted, and on November 3, 2020, Participate,’’ dated April 2, 2021. List of Topics Discussed in the Issues and 4 See Petitioner’s Letter, ‘‘Substantive Response,’’ 1 See Certain Potassium Phosphate Salts from the dated April 29, 2021. Decision Memorandum People’s Republic of China: Amended Final 5 See Commerce’s Letter, ‘‘Sunset Reviews for I. Summary Determination of Sales at Less Than Fair Value and April 2021,’’ dated May 21, 2021. II. Background Antidumping Duty Order, 75 FR 42683 (July 22, 6 See Memorandum, ‘‘Issues and Decision III. Scope of the Order 2010); see also Certain Potassium Phosphate Salts Memorandum for the Final Results of the Expedited IV. History of the Order from the People’s Republic of China: Countervailing Duty Order, 75 FR 42682 (July 22, 2010) Fifth Sunset Review of the Countervailing Duty V. Legal Framework Order on Petroleum Wax Candles from the People’s (collectively, Orders). Republic of China,’’ dated concurrently with, and VI. Discussion of the Issues 2 See Potassium Phosphate Salts from China; herby adopted by, this notice (Issues and Decision Institution of Five-Year Reviews, 85 FR 69352 Memorandum). 7 Id. at 8. (November 2, 2020).
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Commerce initiated,3 the second sunset form, whether crushed, granule, powder DEPARTMENT OF COMMERCE review of the Orders, pursuant to or fines. Also covered are all forms of section 751(c) of the Tariff Act of 1930 TKPP, whether crushed, granule, International Trade Administration as amended (the Act). As a result of its powder, fines or solution. [A–122–857] reviews, Commerce determined that a For purposes of the Orders, the revocation of the Orders would likely narrative description is dispositive, and Initiation and Preliminary Results of lead to continuation or recurrence of not the tariff heading, American Changed Circumstances Review: dumping and countervailable subsidies Certain Softwood Lumber Products Chemical Society, CAS registry number and, therefore, notified the ITC of the From Canada magnitude of the margins and net or CAS name, or the specific percentage subsidy rates likely to prevail should chemical composition identified above. AGENCY: Enforcement and Compliance, International Trade Administration, the Orders be revoked.4 Continuation of the Orders On July 7, 2021, the ITC published its Department of Commerce. determinations, pursuant to sections As a result of the determinations by SUMMARY: The Department of Commerce 751(c) and 752(a) of the Act, that Commerce and the ITC that revocation (Commerce) is initiating a changed revocation of the Orders would likely of the Orders would likely lead to a circumstances review (CCR) of the lead to continuation or recurrence of continuation or a recurrence of dumping antidumping duty (AD) order on certain material injury to an industry in the and countervailable subsidies, as well as softwood lumber products (softwood United States within a reasonably material injury to an industry in the lumber) from Canada and foreseeable time.5 United States, pursuant to section simultaneously issuing preliminary results finding CHAP Alliance, Inc. 751(d)(2) of the Act and 19 CFR Scope of the Orders (CHAP) to be the successor-in-interest to 351.218(a), Commerce hereby orders the The products covered by the Orders L’Atelier de Readaption au Travail de continuation of the Orders. include anhydrous Dipotassium Beauce Inc. (L’Atelier). Phosphate (DKP) and Tetrapotassium U.S. Customs and Border Protection DATES: Applicable July 12, 2021. Pyrophosphate (TKPP), whether will continue to collect AD and CVD FOR FURTHER INFORMATION CONTACT: anhydrous or in solution (collectively cash deposits at the rates in effect at the Maisha Cryor, AD/CVD Operations, ‘‘phosphate salts’’). time of entry for all imports of subject Office IV, Enforcement and Compliance, TKPP, also known as normal merchandise. The effective date of the International Trade Administration, potassium pyrophosphate, continuation of the Orders will be the U.S. Department of Commerce, 1401 Diphosphoric acid or Tetrapotassium date of publication in the Federal Constitution Avenue NW, Washington, salt, is a potassium salt with the formula Register of this notice of continuation. DC 20230; telephone: (202) 482–5831. K P O . The CAS registry number for 4 2 7 Pursuant to section 751(c)(2) of the Act SUPPLEMENTARY INFORMATION: TKPP is 7320–34–5. TKPP is typically and 19 CFR 351.218(c)(2), Commerce 18.7 percent phosphorus and 47.3 intends to initiate the next five-year Background percent potassium. It is generally greater review of the Orders not later than 30 On January 3, 2018, Commerce than or equal to 43.0 percent P O 2 5 days prior to the fifth anniversary of the published in the Federal Register an AD content. TKPP is classified under effective date of continuation. order on softwood lumber from heading 2835.39.1000 of the Canada.1 On May 5, 2021, Commerce Harmonized Tariff Schedule of the Administrative Protective Order received a request on behalf of CHAP for United States (HTSUS). an expedited CCR to establish CHAP as This notice also serves as the only DKP, also known as Dipotassium salt, the successor-in-interest to L’Atelier Dipotassium hydrogen orthophosphate reminder to parties subject to with respect to the Order.2 On June 8, or Potassium phosphate, dibasic, has a administrative protective order (APO) of 2021, Commerce informed CHAP that it chemical formula of K2HPO4. The CAS their responsibility concerning the required additional information in order registry number for DKP is 7758–11–4. return/destruction or conversion to to determine whether to initiate the DKP is typically 17.8 percent judicial protective order of proprietary requested CCR.3 On June 24, 2021, phosphorus, 44.8 percent potassium and information disclosed under APO in CHAP provided the requested 40 percent P2O5 content. DKP is accordance with 19 CFR 351.305(a)(3). information.4 classified under heading 2835.24.0000, Failure to comply is a violation of the HTSUS. APO which may be subject to sanctions. Scope of the Order The products covered by these Orders The merchandise covered by the include the foregoing phosphate salts in Notification to Interested Parties Order is softwood lumber, siding, all grades, whether food grade or These five-year sunset reviews and flooring and certain other coniferous technical grade. The products covered wood (softwood lumber products). by these Orders includes anhydrous this notice are in accordance with sections 751(c) and 751(d)(2) of the Act DKP without regard to the physical 1 See Certain Softwood Lumber Products from and published in accordance with Canada: Antidumping Duty Order and Partial 3 See Initiation of Five-Year (Sunset) Reviews, 85 section 777(i)(1) of the Act and 19 CFR Amended Final Determination, 83 FR 350 (January FR 69585 (November 3, 2020). 351.218(f)(4). 3, 2018) (Order). 4 See Certain Potassium Phosphate Salts from the 2 See CHAP’s Letter, ‘‘Certain Softwood Lumber People’s Republic of China: Final Results of the Dated: July 7, 2021. from Canada: L’Atelier de Re´adaptation au Travail Expedited Second Sunset Review of the James Maeder, de Beauce Inc. Request for Changed Circumstances Antidumping Duty Order, 86 FR 13311 (March 8, Reviews,’’ dated May 5, 2021 (CCR Request). 2021); see also, Certain Potassium Phosphate Salts Deputy Assistant Secretary for Antidumping 3 See Commerce’s Letter, ‘‘Changed from the People’s Republic of China: Final Results and Countervailing Duty Operations. Circumstances Review of Certain Softwood Lumber of the Expedited Second Five-Year Sunset Review [FR Doc. 2021–14756 Filed 7–9–21; 8:45 am] Products from Canada: Supplemental of the Countervailing Duty Order, 86 FR 13314 Questionnaire,’’ dated June 8, 2021. (March 8, 2021). BILLING CODE 3510–DS–P 4 See CHAP’s Letter, ‘‘Certain Softwood Lumber 5 See Potassium Phosphate Salts from China, 86 from Canada: Supplemental Questionnaire FR 35827 (July 7, 2021). Response,’’ dated June 24, 2021.
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Softwood lumber product imports are (2) production facilities; (3) suppliers; each argument: (1) A statement of the generally entered under Chapter 44 of and (4) customer base.7 While no one, issues; and (2) a brief summary of the the Harmonized Tariff Schedule of the or several, of these factors will arguments with electronic versions United States (HTSUS). Although the necessarily provide a dispositive included. HTSUS subheadings are provided for indication of succession, Commerce will Any interested party may request a convenience and customs purposes, the generally consider one company to be hearing within 14 days of publication of written description of the scope of the the successor to another company if its this notice.15 Hearing requests should Order is dispositive.5 resulting operations are essentially the contain the following information: (1) same as those of its predecessor.8 Thus, The party’s name, address, and Initiation if the evidence demonstrates that, with telephone number; (2) the number of Pursuant to section 751(b)(1) of the respect to the production and sale of the participants; and (3) a list of the issues Tariff Act of 1930, as amended (the Act) subject merchandise, the company, in to be discussed. Oral presentations at and 19 CFR 351.216(d), Commerce will its current form, operates as essentially the hearing will be limited to issues conduct a CCR upon receipt of the same business entity as the prior raised in the briefs. If a request for a information or a review request showing company, Commerce will assign the hearing is made, Commerce intends to changed circumstances sufficient to new company the cash deposit rate of hold the hearing at a time and date to warrant a review of an order. Among its predecessor.9 be determined. Parties should confirm other things, Commerce has conducted CHAP provided evidence that: (1) the date and the time of the hearing two CCRs to consider the applicability of L’Atelier’s name changed to CHAP in days before the scheduled date. cash deposit rates after there have been February 2021; and (2) there were no All submissions, with limited changes in the name or structure of a significant changes to management,10 exceptions, must be filed electronically company, such as a merger or spinoff production facilities,11 suppliers, or using Enforcement and Compliance’s (successor-in-interest, or successorship, customer base.12 Based on the foregoing, Antidumping and Countervailing Duty determinations). which is explained in greater detail in Centralized Electronic Service System We find the information provided is the Preliminary Decision Memorandum, (ACCESS).16 An electronically filed sufficient to warrant a CCR of the Order. we preliminarily determine that CHAP document must be received successfully Specifically, the information CHAP is the successor-in-interest to L’Atelier in its entirety by 5 p.m. Eastern Time provided regarding L’Atelier’s name for purposes of the Order. (ET) on the due date. change to CHAP demonstrates changed Should our final results of review Consistent with 19 CFR 351.216(e), circumstances sufficient to warrant a remain the same as these preliminary we intend to issue the final results of CCR with respect to the Order. results of review, effective the date of this CCR no later than 270 days after the Therefore, in accordance with section publication of the final results of date on which these reviews were 751(b)(1) of the Act and 19 CFR review, we will instruct U.S. Customs initiated or within 45 days if all parties 351.216(d), we are initiating a CCR to and Border Protection to apply agree to the outcome of the review. determine whether CHAP is the L’Atelier’s cash deposit rate to CHAP. We are issuing and publishing this successor-in-interest to L’Atelier for initiation and preliminary results notice Public Comment purposes of the Order. in accordance with sections 751(b)(1) In addition, Commerce’s regulations Interested parties may submit case and 777(i)(1) of the Act and 19 CFR (19 CFR 351.221(c)(3)(ii)), permit it to briefs not later than 14 days after the 351.216 and 351.221(c)(3). 13 initiate a CCR and issue the preliminary date of publication of this notice. Dated: July 6, 2021. results of that CCR simultaneously if it Rebuttal briefs, which must be limited Ryan Majerus, concludes that expedited action is to issues raised in case briefs, may be warranted. We have on the record the filed not later than seven days after the Deputy Assistant Secretary for Policy and Negotiations. information necessary to make a due date for case briefs.14 Parties who preliminary finding and, therefore, we submit case briefs or rebuttal briefs in [FR Doc. 2021–14746 Filed 7–9–21; 8:45 am] find that expedited action is warranted.6 this CCR are requested to submit with BILLING CODE 3510–DS–P Consequently, we are combining the 7 initiation of the CCR described above See Initiation and Preliminary Results of DEPARTMENT OF COMMERCE and our preliminary results, in Antidumping Duty Changed Circumstances Review: Multilayered Wood Flooring from the People’s accordance with 19 CFR Republic of China, 79 FR 48117,48118 (August 15, International Trade Administration 351.221(c)(3)(ii). 2014), unchanged in Multilayered Wood Flooring from the People’s Republic of China: Final Results [C–570–138] Preliminary Results of Changed Circumstances Review, 79 FR 58740 In determining whether one company (September 30, 2014). Pentafluoroethane (R–125) From the is the successor to another for AD 8 Id. People’s Republic of China: 9 purposes, Commerce examines a See, e.g., Certain Circular Welded Carbon Steel Preliminary Affirmative Determination Pipes and Tubes from Taiwan: Initiation of of Critical Circumstances, in Part, in number of factors including, but not Antidumping Duty Changed Circumstance Review, limited to, changes in: (1) Management; 70 FR 17063, 17064 (April 4, 2005); and Fresh and the Countervailing Duty Investigation Chilled Atlantic Salmon from Norway: Final Results AGENCY of Changed Circumstances Antidumping : Enforcement and Compliance, 5 For a complete description of the scope of the Administrative Review, 64 FR 9979, 9980 (March 1, International Trade Administration, Order, see Memorandum, ‘‘Initiation and 1999). Preliminary Results of Changed Circumstances Department of Commerce. 10 Review: Certain Softwood Lumber Products from See CCR Request at Exhibit 4, Attachment A. Canada,’’ dated concurrently with, and hereby 11 Id. at Exhibit 4, Attachment B. 15 Commerce is exercising its discretion under 19 adopted by, this notice (Preliminary Decision 12 Id. at Exhibit 4, Attachments C and D. CFR 351.310(c) to alter the time limit for requesting Memorandum). 13 Commerce is exercising its discretion under 19 a hearing. 6 See, e.g., Notice of Initiation and Preliminary CFR 351.309(c)(1)(ii) to alter the time limit for the 16 ACCESS is available to registered users at Results of Antidumping Duty Changed filing of case briefs. https://access.trade.gov; see also Temporary Rule Circumstances Review: Certain Softwood Lumber 14 Commerce is exercising its discretion under 19 Modifying AD/CVD Service Requirements Due to Products from Canada, 70 FR 50299 (August 26, CFR 351.309(d)(1) to alter the time limit for the Covid–19; Extension of Effective Period, 85 FR 2005). filing of rebuttal briefs. 41363, (July 10, 2020).
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SUMMARY: The Department of Commerce In accordance with section 703(e)(1) massive imports of the subject (Commerce) preliminarily determines of the Act and 19 CFR 351.206(c)(1), merchandise over a relatively short that critical circumstances exist, in part, because the petitioner submitted its period. with respect to imports of critical circumstance allegation more In determining whether there are pentafluoroethane (R–125) from certain than 30 days before the scheduled date ‘‘massive imports’’ over a ‘‘relatively producers and exporters from the of the final determination,6 Commerce short period,’’ pursuant to section People’s Republic of China (China). will make a preliminary finding as to 703(e)(1)(B) of the Act and 19 CFR DATES: Applicable July 12, 2021. whether there is a reasonable basis to 351.206(h) and (i), Commerce normally FOR FURTHER INFORMATION CONTACT: believe or suspect that critical compares the import volumes of the Joshua Tucker or Adam Simons, AD/ circumstances exist. Commerce will subject merchandise for at least three CVD Operations, Office II, Enforcement issue its preliminary finding of critical months immediately preceding the and Compliance, International Trade circumstances within 30 days after the filing of the petition (i.e., the base Administration, U.S. Department of petitioner submits the allegation.7 period) to a comparable period of at least three months following the filing Commerce, 1401 Constitution Avenue Period of Investigation (POI) NW, Washington, DC 20230; telephone: of the petition (i.e., the comparison (202) 482–2044 or (202) 482–6172, The POI is January 1, 2020, through period). However, the regulations also respectively. December 31, 2020. provide that if Commerce finds that importers, or exporters or producers, Critical Circumstances Allegation SUPPLEMENTARY INFORMATION: had reason to believe, at some time prior Background The petitioner alleges that there was to the beginning of the proceeding, that a massive increase of imports of R–125 a proceeding was likely, Commerce may On January 11, 2021, Commerce from China and provided monthly consider a period of not less than three received a countervailing duty (CVD) import data for the period October 2020 months from the earlier time.12 Imports petition concerning imports of R–125 through March 2021.8 The petitioner must increase by at least 15 percent from China filed in proper form on states that a comparison of total imports, during the comparison period to be behalf of the petitioner, Honeywell by quantity, for the base period October considered massive.13 International, Inc.1 On February 1, 2021, 2 2020 through December 2020 to the we initiated this investigation, and on comparison period January 2021 Alleged Countervailable Subsidies Are June 25, 2021, we published an through March 2021, shows that imports Inconsistent With the SCM Agreement affirmative Preliminary Determination.3 of R–125 from China increased by 45.5 Commerce selected Zhejiang Quzhou Juxin, Sanmei, and All Other percent,9 Juxin Fluorine Chemical Co., Ltd. which is ‘‘massive’’ under 19 Companies (Juxin) and Zhejiang Sanmei Chemical CFR 351.206(h)(2). The petitioner also On May 3, 2021, the petitioner filed Ind. Co., Ltd. (Sanmei) as the alleges that there is a reasonable basis to a New Subsidies Allegation, alleging individually-examined respondents in believe that there are subsidies in this that Chinese producers of subject this investigation. investigation which are inconsistent merchandise benefited from additional On June 4, 2021, the petitioner alleged with the Subsidies and Countervailing subsidies provided by the Government that critical circumstances exist with Measures Agreement of the World Trade of China, including the Export Buyer’s 10 respect to imports of R–125 from China, Organization (SCM Agreement). Credit Program and the Export Seller’s pursuant to section 703(e)(1) of the Critical Circumstances Analysis Credit Program.14 To determine whether Tariff Act of 1930, as amended (the Act), there exists a reasonable basis to believe Section 703(e)(1) of the Act provides and 19 CFR 351.206.4 On June 10, 2021, or suspect that an alleged that Commerce will preliminarily Commerce requested monthly shipment countervailable subsidy is inconsistent determine that critical circumstances data from Juxin and Sanmei for subject with the SCM Agreement, in accordance exist in a CVD investigation if there is merchandise for the period August 2020 with section 703(e)(1)(A) of the Act, a reasonable basis to believe or suspect to May 2021, which Commerce received Commerce considered the evidence on that: (A) The alleged countervailable on June 17, 2021.5 the record pertaining to the petitioner’s subsidy is inconsistent with the SCM allegation that the Export Buyer’s Credit Agreement; 11 and (B) there have been 1 See Petitioner’s Letter, ‘‘Petition for the Program and the Export Seller’s Credit Imposition of Antidumping and Countervailing 6 Program are inconsistent with the SCM Duties Pursuant to sections 701 and 731 of the The final determination for this CVD Agreement. Specifically, with regard to Tariff Act of 1930, as Amended, on Behalf of investigation is currently due no later than October Honeywell International, Inc.,’’ dated January 11, 21, 2021. these programs, the petitioner has 2021 (Petition). 7 See 19 CFR 351.206(c)(2)(ii). In this case, 30 alleged the elements of a subsidy,15 2 See Pentafluoroethane (R–125) from the People’s days after the petitioner submitted the allegation supported with information reasonably Republic of China: Initiation of Countervailing Duty would place the deadline on Sunday, July 4, 2021. available to the petitioner,16 that appear Investigation, 86 FR 8589 (February 8, 2021) Commerce’s practice dictates that where a deadline (Initiation Notice). falls on a weekend or federal holiday, the to be export contingent, which would 3 See Pentafluoroethane (R–125) from the People’s appropriate deadline is the next business day. See render them inconsistent with the SCM Republic of China: Preliminary Affirmative Notice of Clarification: Application of ‘‘Next Agreement. Therefore, Commerce Countervailing Duty Determination and Alignment Business Day’’ Rule for Administrative preliminarily determines that there is a of Final Determination with Final Antidumping Determination Deadlines Pursuant to the Tariff Act Determination, 86 FR 33648 (June 25, 2020) of 1930, As Amended, 70 FR 24533 (May 10, 2005). (Preliminary Determination), and accompanying 8 See Critical Circumstances Allegation at 8 and Carbon and Certain Alloy Steel Wire from Germany, Preliminary Decision Memorandum (PDM). Exhibit 1. 67 FR 55808, 55809–10 (August 30, 2002). 12 4 See Petitioner’s Letter, ‘‘Petitioner’s Critical 9 Id. See 19 CFR 351.206(i). Circumstances Allegation,’’ dated June 4, 2021 10 Id. at 4–5. 13 See 19 CFR 351.206(h)(2). (Critical Circumstances Allegation). 11 Commerce limits its critical circumstances 14 See Petitioner’s Letter, ‘‘New Subsidies 5 See Juxin’s Letter, ‘‘Juxin Critical Circumstances findings to those subsidies contingent upon export Allegation,’’ dated May 3, 2021 (New Subsidies Response,’’ dated June 17, 2021 (Juxin Critical performance or use of domestic over imported Allegation). Circumstances Data); and Sanmei’s Letter, goods (i.e., those prohibited under Article 3 of the 15 See New Subsidies Allegation at 2–5. ‘‘Submission of Zhejiang Sanmei’s Critical SCM Agreement). See, e.g., Final Affirmative 16 Id. see also Petitioner’s Letter, ‘‘New Subsidies Circumstances Information,’’ dated June 17, 2021 Countervailing Duty Determination and Final Allegation Supplemental Response,’’ dated May 17, (Sanmei Critical Circumstances Data). Negative Critical Circumstances Determination: 2021.
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reasonable basis to believe or suspect potentially inconsistent with the SCM 125 from Sanmei during the comparison that alleged subsidies in the New Agreement. period was massive, the import surge Subsidies Allegation are inconsistent Thus, because we preliminarily find was massive as a result of seasonal with the SCM Agreement. As a result, that the ‘‘Export Loans from Chinese trends and, therefore, critical we preliminarily find that the criterion SOCBs’’ program is export-contingent, circumstances do not exist for Sanmei, under section 703(e)(1)(A) of the Act has we preliminarily find that the criterion in accordance with section 733(e)(1)(B) been met for Juxin, Sanmei, and all under section 703(e)(1)(A) of the Act has of the Act.23 other exporters or producers not been met for Arkema, Daikin, To determine whether imports were individually examined. Hongkong, and Weitron. massive for all other exporters or Non-Responsive Companies Massive Imports producers, Commerce’s normal practice As explained in our Preliminary Commerce compared the import is to subtract shipments reported by the Determination, we preliminarily applied volumes of Juxin’s and Sanmei’s cooperating mandatory respondents total adverse facts available (AFA) to reported shipments of subject from shipment data for subject Arkema Daikin Advanced merchandise for the five months merchandise from Global Trade Atlas.24 Fluorochemicals (Changsu) Co., Ltd. immediately preceding and following However, as discussed in the Initiation (Arkema); Daikin Fluorochemicals the filing of the petition. Because the Notice,25 the Harmonized Tariff (China) Co., Ltd. (Daikin); Hongkong petition was filed on January 11, 2021, Schedule of the United States number Richmax Ltd. (Hongkong); and Weitron and in order to determine whether there under which the subject merchandise International Refrigeration Equipment was a massive surge in imports for the enters is a basket category under which (Kunshan) Co., Ltd. (Weitron), pursuant mandatory respondents, Commerce non-subject merchandise may enter. to section 776(b) of the Act. In applying compared the total volume of shipments Therefore, consistent with our practice, total AFA to these four companies, we during the period of August 2020 we preliminarily relied on the data of preliminarily determined that each through December 2020 (the base the mandatory respondents as ‘‘facts benefited from countervailable subsidies period) with the volume of shipments available,’’ in accordance with section under the ‘‘Export Loans from Chinese during the period of January 2021 776(a)(1) of the Act, to determine State-Owned Commercial Banks through May 2021 (the comparison whether imports from all other (SOCBs)’’ program.17 Although we did period).20 We preliminarily determine exporters or producers were massive.26 not make a preliminary finding as to that imports from both Juxin and Because we preliminary determine that whether the ‘‘Export Loans from Sanmei increased by more than 15 imports from both Juxin and Sanmei SOCBs’’ program was inconsistent with percent between the base and increased by more than 15 percent the SCM Agreement in the Preliminary comparison periods.21 between the base and comparison Determination, we now preliminarily However, for purposes of our periods, we also preliminarily find, pursuant to section 776(b) of the ‘‘massive imports’’ determination, we determine that imports from all other Act, that there is a reasonable basis to received information on the record exporters or producers were massive. believe or suspect that the program, as about seasonality with respect to Finally, for Arkema, Daikin, alleged in the Petition and supported by Sanmei’s imports which we considered Hongkong, and Weitron, we information reasonably available to the as part of our analysis. Sanmei stated preliminarily determine, pursuant to petitioner, is export-contingent within that, while it did experience a massive section 776(b) of the Act, that there was the meaning of section 771(5A)(B) of the surge of imports of R–125 between the a massive surge in imports between the Act and, thus, inconsistent with the base and comparison periods, this surge base and comparison periods. SCM Agreement.18 We are making the was seasonal in nature. Sanmei also Accordingly, consistent with section inconsistency determination with regard provided its shipment data for 703(e)(1) of the Act, we preliminarily to this program, which is the only comparable periods in 2018–2019 and determine that critical circumstances program which we countervailed in the 2019–2020.22 Based on our analysis of Preliminary Determination alleged to be exist with respect to Arkema, Daikin, Sanmei’s shipment data reported for Hongkong, Juxin, Weitron, and all other inconsistent with the SCM Agreement. 2018 through 2021, we find that there is In so doing, we intend to limit the exporters and producers not a consistent pattern of seasonality individually examined. corresponding offset to the dumping evidenced by a significant increase in margin (if one is found) in the shipments during the months of January Final Determination companion antidumping duty through May (in 2019, 2020, and 2021), investigation, which best fulfills our when compared to August through We will make a final determination statutory mandate ‘‘to ensure that the December (in 2018, 2019, and 2020) . As concerning critical circumstances in the party does not obtain a more favorable a result, we preliminarily find that the final determination of this investigation, result by failing to cooperate than if it record reflects that any surge in which is currently scheduled for 19 had cooperated fully,’’ and induce Sanmei’s imports between the base and October 25, 2021. future cooperation by companies in comparison periods in this investigation investigations where the petitioners can be explained by seasonal trends. 23 Id. 24 allege the existence of programs Therefore, we preliminarily determine See, e.g., Antidumping Duty Investigation on Refillable Stainless Steel Kegs from Mexico: that, although the surge in imports of R– 17 See Preliminary Determination PDM at Preliminary Affirmative Determination of Critical ‘‘Application of AFA: Non-Responsive Q&V Circumstances, 84 FR 18796, 18798 (May 2, 2019) Questionnaire Recipients.’’ 20 See Juxin Critical Circumstances Data; see also (Kegs from Mexico Preliminary Critical 18 See Countervailing Duty Investigation Sanmei Critical Circumstances Data. Circumstances Determination). Initiation Checklist: Pentafluoroethane (R–125) 21 See Memorandum, ‘‘Critical Circumstances 25 See Checklist, ‘‘Countervailing Duty from the People’s Republic of China, dated Analysis,’’ dated July 6, 2021. Investigation Initiation Checklist: Pentafluoroethane February 1, 2021. 22 See Sanmei Critical Circumstances Data. Juxin (R–125) from the People’s Republic of China,’’ 19 See Statement of Administrative Action did not argue that its surge in imports between the dated February 3, 2021 (Initiation Checklist); see accompanying the Uruguay Round Agreements Act, base and comparison periods was due to seasonal also Initiation Notice. H.R. Doc. 103–316, Vol.1 (1994) at 870, reprinted trends nor did it provide data to permit Commerce 26 See, e.g., Kegs from Mexico Preliminary Critical in 1994 U.S.C.C.A.N. 4040, 4199. to perform a seasonality analysis. Circumstances Determination, 84 FR at 18798.
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Public Comment DEPARTMENT OF COMMERCE display their official vessel identification number. Numbers must be Case briefs or other written comments National Oceanic and Atmospheric permanently affixed to, or painted on, may be submitted to the Assistant Administration the port and starboard sides of the Secretary for Enforcement and deckhouse or hull and on an Compliance. Interested parties will be Agency Information Collection appropriate weather deck, so as to be notified of the timeline for the Activities; Submission to the Office of clearly visible from an enforcement submission of case briefs and written Management and Budget (OMB) for vessel or aircraft. In block Arabic comments at a later date. Rebuttal briefs, Review and Approval; Comment numerals permanently affixed to or limited to issues raised in case briefs, Request; Atlantic Highly Migratory painted on the vessel in contrasting may be submitted no later than seven Species Vessel and Gear Marking color to the background. At least 18 days after the deadline date for case The Department of Commerce will inches (45.7 cm) in height for vessels briefs.27 Pursuant to 19 CFR submit the following information over 65 ft (19.8 m) in length; at least 10 351.309(c)(2) and (d)(2), parties who collection request to the Office of inches (25.4 cm) in height for all other submit case briefs or rebuttal briefs in Management and Budget (OMB) for vessels over 25 ft (7.6 m) in length; and this investigation are encouraged to review and clearance in accordance at least 3 inches (7.6 cm) in height for submit with each argument: (1) A with the Paperwork Reduction Act of vessels 25 ft (7.6 m) in length or less. statement of the issue; (2) a brief 1995, on or after the date of publication Furthermore, the owner or operator of summary of the argument; and (3) a of this notice. We invite the general a vessel for which a permit has been table of authorities. public and other Federal agencies to issued under § 635.4 and that uses comment on proposed, and continuing handline, buoy gear, harpoon, longline, Suspension of Liquidation information collections, which helps us or gillnet, must display the vessel’s name, registration number or Atlantic In accordance with section assess the impact of our information Tunas, Atlantic HMS Angling, or 703(e)(2)(A) of the Act, for Arkema, collection requirements and minimize the public’s reporting burden. Public Atlantic HMS Charter/Headboat permit Daikin, Hongkong, Juxin, Weitron, and comments were previously requested number on each float attached to a all other exporters and producers, we via the Federal Register on March 22, handline, buoy gear, or harpoon, and on intend to direct U.S. Customs and 2021, (86 FR 15198) during a 60-day the terminal floats and high-flyers (if Border Protection (CBP) to suspend comment period. This notice allows for applicable) on a longline or gillnet used liquidation of any unliquidated entries an additional 30 days for public by the vessel. The vessel’s name or of subject merchandise from China comments. number must be at least 1 inch (2.5 cm) entered, or withdrawn from warehouse Agency: National Oceanic & in height in block letters or arabic for consumption, on or after March 27, Atmospheric Administration (NOAA), numerals in a color that contrasts with 2021, which is 90 days prior to the date Commerce. the background color of the float or of publication of the Preliminary Title: Atlantic Highly Migratory high-flyer. Determination in the Federal Register. Species Vessel and Gear Marking. Affected Public: Business or other for- For such entries, CBP shall require a OMB Control Number: 0648–0373. profit organizations (vessel owners). cash deposit equal to the estimated Form Number(s): None. Frequency: Annually for each vessel preliminary subsidy rates established in Type of Request: Regular submission or piece of gear required to be marked. the Preliminary Determination. This [extension of a current information The estimated number of gear items that suspension of liquidation will remain in collection]. require marking per vessel owner range effect until further notice. Number of Respondents: 4,767. from 2 buoys for bottom longline Average Hours per Response: 45 vessels, up to 35 buoys for swordfish U.S. International Trade Commission minutes to mark the vessel; 15 minutes buoy gear and Caribbean Small Boat (ITC) Notification each to mark highflyers, buoys, and vessels. floats. Respondent’s Obligation: Mandatory. In accordance with section 703(f) of Total Annual Burden Hours: 4,950. the Act, we intend to notify the ITC of Needs and Uses: This request is for an Legal Authority: Magnuson-Stevens this preliminary determination of extension of a current information Fishery Conservation and Management critical circumstances. collection. These requirements apply to Act (16 U.S.C. 1801 et seq.), and the This determination is issued and vessel owners in the Atlantic highly Atlantic Tunas Convention Act of 1975 published pursuant to sections 703(f) migratory species (HMS) Fishery. (16 U.S.C. 971 et seq.) and 777(i)(1) of the Act. Under current regulations at 50 CFR This information collection request 635.6, fishing vessels permitted for may be viewed at www.reginfo.gov. Dated: July 6, 2021. Atlantic HMS fisheries must display Follow the instructions to view the James Maeder, their official vessel numbers on their Department of Commerce collections Deputy Assistant Secretary for Antidumping vessels. Flotation devices and high- currently under review by OMB. and Countervailing Duty Operations. flyers attached to certain fishing gears Written comments and [FR Doc. 2021–14755 Filed 7–9–21; 8:45 am] must also be marked with the vessel’s recommendations for the proposed BILLING CODE 3510–DS–P official number to identify the vessel to information collection should be which the gear belongs. These submitted within 30 days of the requirements are necessary for publication of this notice on the identification, law enforcement, and following website www.reginfo.gov/ monitoring purposes. public/do/PRAMain. Find this Specifically, all vessel owners that particular information collection by hold a valid Atlantic HMS permit under selecting ‘‘Currently under 30-day 50 CFR 635.4, other than an Atlantic Review—Open for Public Comments’’ or 27 See 19 CFR 351.309(d)(1). HMS Angling permit, are required to by using the search function and
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entering either the title of the collection Special Accommodations Operating Procedure 1, Assignment of or the OMB Control Number 0648–0373. The meeting is physically accessible judges to panels (Sept. 20, 2018), to people with disabilities. Requests for available at www.uspto.gov/patents/ Sheleen Dumas, ptab/resources. Currently, the average Department PRA Clearance Officer, Office of sign language interpretation or other auxiliary aids should be directed to appeal pendency is about 13 months, the Chief Information Officer, Commerce down from 15 months in 2020, and from Department. Kathy Collins at the Council Office, 30 months in 2015. See the PTAB [FR Doc. 2021–14740 Filed 7–9–21; 8:45 am] (302) 526–5253, at least 5 days prior to the meeting date. statistics available at www.uspto.gov/ BILLING CODE 3510–22–P patents/ptab/statistics. However, a Authority: 16 U.S.C. 1801 et seq. small number of appeals are advanced out of turn due to a special status DEPARTMENT OF COMMERCE Dated: July 7, 2021. Tracey L. Thompson, reflecting, for example, that the National Oceanic and Atmospheric Acting Deputy Director, Office of Sustainable appealed case is a reissue application or Administration Fisheries, National Marine Fisheries Service. a reexamination proceeding, or in light [FR Doc. 2021–14750 Filed 7–9–21; 8:45 am] of an inventor’s advanced age or poor health. [RTID 0648–XB218] BILLING CODE 3510–22–P On July 2, 2020, the PTAB adopted, on a temporary basis, the Fast-Track Mid-Atlantic Fishery Management Appeals Pilot Program, under which an Council (MAFMC); Public Meeting DEPARTMENT OF COMMERCE appellant may have an ex parte appeal AGENCY: National Marine Fisheries United States Patent and Trademark to the Board advanced out of turn by Service (NMFS), National Oceanic and Office filing a petition under 37 CFR 41.3, accompanied by the petition fee set Atmospheric Administration (NOAA), [Docket No.: PTO–P–2020–0027] Commerce. forth in 37 CFR 41.20(a). See Fast-Track Appeals Pilot Program, 85 FR 39888 ACTION: Notice; public meeting. Extension of the Fast-Track Appeals Pilot Program (July 2, 2020) (Fast-Track Notice). The SUMMARY: The Mid-Atlantic Fishery Fast-Track Appeals Pilot Program Management Council’s (Council) AGENCY: United States Patent and permits an appellant to accelerate the Bluefish Advisory Panel will hold a Trademark Office, Department of Board’s decision on an ex parte appeal, public meeting, jointly with the Atlantic Commerce. hastening the pace at which States Marine Fisheries Commission ACTION: Notice. patentability determinations are made (ASMFC) Bluefish Advisory Panel. and products or services embodying SUMMARY: The United States Patent and those patented inventions are brought to DATES: The meeting will be held on Trademark Office (USPTO) is extending the marketplace, and thus spurring Wednesday, July 28, 2021, from 2 p.m. the Fast-Track Appeals Pilot Program, follow-on innovation, economic growth, until 4 p.m. For agenda details, see initiated on July 2, 2020, which and job creation. The USPTO provides SUPPLEMENTARY INFORMATION. provides for the advancement of a form for the Fast-Track petition, Form ADDRESSES: The meeting will be held applications out of their turn in the ex PTO/SB/451, which is available on the via webinar with a telephone-only parte appeals phase of patent USPTO’s website at www.uspto.gov/ connection option. Details on the prosecution before the Patent Trial and patents/apply/forms/forms-patent- proposed agenda, webinar listen-in Appeal Board (PTAB or Board). The applications-filed-or-after-september- access, and briefing materials can be Fast-Track Appeals Pilot Program 16-2012. accessed on the Council’s website at: permits an appellant who has filed an The Fast-Track Notice required, inter www.mafmc.org. ex parte appeal and received a notice alia, that a petition be filed before July Council address: Mid-Atlantic Fishery that the appeal has been docketed to file 2, 2021, to participate in the program. Management Council, 800 N State a petition to expedite the review of the The Fast-Track Notice also set a Street, Suite 201, Dover, DE 19901; appeal. The Fast-Track Appeals Pilot maximum number of 500 appeals that telephone: (302) 674–2331; Program sets a target of reaching a may be advanced through Fast-Track www.mafmc.org. decision on an ex parte appeal within petitions. The Fast-Track Appeals Pilot Program FOR FURTHER INFORMATION CONTACT: six months from the date that the appeal is entered into the program. is hereby extended to accept petitions Christopher M. Moore, Ph.D., Executive for advancing out of turn (according DATES: Director, Mid-Atlantic Fishery ‘‘Fast-Track status’’ to) ex parte appeals Management Council, telephone: (302) Applicable Date: July 12, 2021. through July 2, 2022. The requirements Duration: The Fast-Track Appeals 526–5255. for the program remain the same as Pilot Program will run until July 2, SUPPLEMENTARY INFORMATION: The Mid- those set forth in the original notice (see 2022. The USPTO may extend the Fast- Atlantic Fishery Management Council’s Fast-Track Notice, 85 FR 39888), with Track Appeals Pilot Program (with or Bluefish Advisory Panel will meet the following modification regarding the without modification) on either a jointly with the Atlantic States Marine petition limit. Fisheries Commission’s Bluefish temporary or a permanent basis, or may The upper limit of 500 total granted Advisory Panel via webinar. The discontinue the program after that date. Fast-Track petitions, as set forth in the purpose of this meeting is to welcome FOR FURTHER INFORMATION CONTACT: Fast-Track Notice, is no longer new Advisory Panel members, review Steven Bartlett, PTAB, by telephone at applicable. To maintain the Board’s recent management track stock 571–272–9797 or by email at ability to provide a faster appeal option assessment information for bluefish, and [email protected]. while timely resolving other appeals, to review the recommendations of the SUPPLEMENTARY INFORMATION: Appeals to however, the number of granted Scientific and Statistical Committee the Board are normally taken up for petitions in the Fast-Track Appeals Pilot (SSC) and Monitoring Committee for decision in the order in which they are Program remains limited to 125 granted 2022–23 catch and landings limits. docketed. See USPTO Standard petitions per quarter. If a quarterly limit
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is reached, the PTAB retains the number (10) of attached files and DATES: The Department is requesting flexibility to accept additional petitions, maximum size (10 MB) of each attached emergency processing and OMB either for consideration in that quarter file. approval for this information collection or to be held in abeyance for FOR FURTHER INFORMATION CONTACT: by July 26, 2021; and therefore, the consideration in the next quarter. Kiara Rhodes, Honors Attorney, Department is requesting public The USPTO tracks the number of AmeriCorps, at [email protected] or comments by July 23, 2021. A regular granted petitions, the average time to (202) 937–6965. clearance process is also hereby being answer petitions, and the average time initiated to provide the public with the SUPPLEMENTARY INFORMATION: On opportunity to comment under the full to render a Board decision on the merits January 20, 2021, President Biden comment period. Interested persons are of the ex parte appeal after a petition signed Executive Order 13985, invited to submit comments on or before grant. Current information and statistics ‘‘Advancing Racial Equity and Support September 10, 2021. may be viewed on the PTAB website at for Underserved Communities Through www.uspto.gov/PTABFastTrack. the Federal Government,’’ to address ADDRESSES: To access and review all the documents related to the information Andrew Hirshfeld, racial, economic, and other disparities faced by underserved communities in collection listed in this notice, please Commissioner for Patents, Performing the use http://www.regulations.gov by Functions and Duties of the Under Secretary the United States. The Order requires of Commerce for Intellectual Property and Federal agencies to conduct an equity searching the Docket ID number ED– Director of the United States Patent and assessment. In furthering this Agency’s 2021–SCC–0100. Comments submitted Trademark Office. commitment to bringing together and in response to this notice should be [FR Doc. 2021–14615 Filed 7–9–21; 8:45 am] serving all communities, AmeriCorps submitted electronically through the Federal eRulemaking Portal at http:// BILLING CODE 3510–16–P seeks general public input on the following: www.regulations.gov by selecting the 1. Potential barriers that underserved Docket ID number or via postal mail, commercial delivery, or hand delivery. CORPORATION FOR NATIONAL AND communities and individuals may face If the regulations.gov site is not COMMUNITY SERVICE to enrollment in and access to benefits and services in AmeriCorps programs; available to the public for any reason, Notice Inviting Public Input on 2. Potential barriers that underserved ED will temporarily accept comments at Executive Order 13985 communities and individuals may face [email protected]. Please include the in taking advantage of Agency docket ID number and the title of the AGENCY: Corporation for National and information collection request when Community Service. procurement and contracting opportunities; requesting documents or submitting ACTION: Request for comment. 3. Whether new policies, regulations, comments. Please note that comments or guidance documents may be submitted by fax or email and those SUMMARY: In accordance with Executive submitted after the comment period will Order 13985 of January 20, 2021, the necessary to advance equity in Agency actions and programs; and not be accepted. Written requests for Corporation for National and information or comments submitted by Community Service, operating as 4. Knowledge of any offices or divisions within the Agency that are postal mail or delivery should be AmeriCorps, is inviting public comment addressed to the PRA Coordinator of the from any interested party, including responsible for advancing civil rights or whose mandates specifically include Strategic Collections and Clearance current and former AmeriCorps program Governance and Strategy Division, U.S. award recipients, regarding any barriers serving underrepresented or disadvantaged communities. Department of Education, 400 Maryland that they, or the communities they Ave. SW, LBJ, Room 6W208C, served, faced in accessing benefits and Dated: July 7, 2021. Washington, DC 20202–8240. services offered by AmeriCorps’ Fernando Laguarda, FOR FURTHER INFORMATION CONTACT: For programs. General Counsel. specific questions related to collection DATES: To be considered, public [FR Doc. 2021–14735 Filed 7–9–21; 8:45 am] activities, please contact Karen Epps, comments must be received BILLING CODE 6050–28–P 202–453–6337. electronically no later than midnight SUPPLEMENTARY INFORMATION: The eastern standard time (EST) on August Department of Education (ED), in 2, 2021. DEPARTMENT OF EDUCATION accordance with the Paperwork ADDRESSES: Public comments should be Reduction Act of 1995 (PRA) (44 U.S.C. submitted online at http:// [Docket No.: ED–2021–SCC–0100] 3506(c)(2)(A)), provides the general www.regulations.gov; search for Agency Information Collection public and Federal agencies with an ‘‘Request for Information (RFI) from Activities; Comment Request; opportunity to comment on proposed, Non-Federal Stakeholders: Advancing Endowment Excise Tax: Allocation revised, and continuing collections of Racial Equity and Support for Reduction Waiver information. This helps the Department Underserved Communities.’’ Comments assess the impact of its information submitted electronically, including AGENCY: Office of Postsecondary collection requirements and minimize attachments, will be posted to the Education (OPE), Department of the public’s reporting burden. It also docket unchanged and available to view Education (ED). helps the public understand the by the public. Documents and ACTION: Notice. Department’s information collection information supporting your comment requirements and provide the requested may be submitted as attachments. Please SUMMARY: In accordance with the data in the desired format. ED is provide your contact information or Paperwork Reduction Act of 1995, ED is soliciting comments on the proposed organization name on the web-based requesting the Office of Management information collection request (ICR) that form for possible follow-up from and Budget (OMB) to conduct an is described below. The Department of AmeriCorps. There is a 5,000-character emergency review of a new information Education is especially interested in limit on comments and maximum collection. public comment addressing the
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following issues: (1) Is this collection DEPARTMENT OF EDUCATION biblical higher education in the United necessary to the proper functions of the States offering undergraduate Department; (2) will this information be Accrediting Agencies Currently certificates, associate degrees, processed and used in a timely manner; Undergoing Review for the Purposes baccalaureate degrees, graduate (3) is the estimate of burden accurate; of Recognition by the U.S. Secretary of certificates, and master’s degrees, (4) how might the Department enhance Education including the accreditation of educational programs offered via the quality, utility, and clarity of the AGENCY: Accreditation Group, Office of information to be collected; and (5) how Postsecondary Education, U.S. distance education. 2. American Occupational Therapy might the Department minimize the Department of Education. Association, Accreditation Council for burden of this collection on the ACTION: Call for written third-party Occupational Therapy Education. Scope respondents, including through the use comments. of recognition: The accreditation of of information technology. Please note occupational therapy educational that written comments received in SUMMARY: This notice provides information to members of the public on programs offering the professional response to this notice will be master’s degree, combined considered public records. submitting written comments for accrediting agencies currently baccalaureate/master’s degree, and Title of Collection: Endowment Excise undergoing review for purposes of occupational therapy doctorate (OTD) Tax: Allocation Reduction Waiver. recognition by the U.S. Secretary of degree; the accreditation of occupational therapy assistant programs offering the OMB Control Number: 1840–NEW. Education. associate degree or a certificate; and the Type of Review: A new information FOR FURTHER INFORMATION CONTACT: accreditation of these programs offered collection. Herman Bounds, Director, Accreditation via distance education. Requested scope Group, Office of Postsecondary Respondents/Affected Public: Private of recognition: The pre-accreditation Education, U.S. Department of Sector. and accreditation throughout the United Education, 400 Maryland Avenue SW, States of occupational therapy Total Estimated Number of Annual Room 270–01, Washington, DC 20202, education programs offering the Responses: 200. telephone: (202) 453–7615, or email: professional master’s degree, combined Total Estimated Number of Annual [email protected]. baccalaureate/master’s degree, and Burden Hours: 200. SUPPLEMENTARY INFORMATION: This occupational therapy doctorate (OTD) Abstract: In accordance with the request for written third-party degree; and occupational therapy comments concerning the performance Coronavirus Response and Relief assistant programs offering the of accrediting agencies under review by baccalaureate degree, associate degree, Supplemental Appropriations Act, 2021 the Secretary of Education is required or a certificate; including those (CRRSAA), Public Law 116–260, section by § 496(n)(1)(A) of the Higher programs offered via distance education. 314(d)(6)(B), the Secretary may waive Education Act (HEA) of 1965, as 3. Accreditation Council for Pharmacy the requirements to reduce a grantee’s amended, and pertains to the summer Education. Scope of recognition: The CRRSAA allocation by 50 percent, if 2022 meeting of the National Advisory accreditation and pre-accreditation upon application, an institution of Committee on Institutional Quality and within the United States of professional higher education demonstrates need Integrity (NACIQI). The meeting date degree programs in pharmacy leading to (including need for additional funding and location have not been determined, the degree of Doctor of Pharmacy, for financial aid grants to students, but will be announced in a later Federal including those programs offered via payroll expenses, or other expenditures) Register notice. In addition, a later distance education. for the total amount of funds such Federal Register notice will describe 4. Association for Clinical Pastoral institution is allocated under section how to register to provide oral Education, Inc., Accreditation 314(a)(1) of CRRSAA. The proposed comments at the meeting. Commission. Scope of recognition: The form provides institutions with the Agencies Under Review and pre-accreditation (provisional) and opportunity to request this waiver and Evaluation: The Department requests accreditation of both clinical pastoral collects data needed to evaluate their written comments from the public on education (CPE) centers and Certified waiver request. the following accrediting agencies, Educator CPE programs within the which are currently undergoing review United States, including those that offer Additional Information: If this and evaluation by the Accreditation those programs via distance education. emergency collection is not approved, Group, and which will be reviewed at 5. American Dental Association, the Department will be unable to receive the summer 2022 NACIQI meeting. Commission on Dental Accreditation. and review waiver requests in a timely The agencies are listed by the type of Scope of recognition: The accreditation manner, delaying the release of funds to application each agency has submitted. of predoctoral dental education institutions of higher education and Please note, each agency’s current scope programs (leading to the D.D.S. or students that are still recovering from of recognition is indicated below. If any D.M.D. degree), advanced dental the effects of the pandemic. agency requests a change to its scope of education programs, and allied dental education programs that are fully Dated: July 7, 2021. recognition, identified are both the current scope of recognition and the operational or have attained ‘‘Initial Juliana Pearson, requested scope of recognition. Accreditation’’ status, including PRA Coordinator, Strategic Collections and programs offered via distance education. Clearance, Governance and Strategy Division, Applications for Renewal of 6. Distance Education Accrediting Office of Chief Data Office, Office of Planning, Recognition Commission. Scope of recognition: The Evaluation and Policy Development. 1. Association for Biblical Higher accreditation of postsecondary [FR Doc. 2021–14736 Filed 7–9–21; 8:45 am] Education, Commission on institutions in the United States that BILLING CODE 4000–01–P Accreditation. Scope of recognition: The offer degree and/or non-degree programs accreditation and pre-accreditation primarily by the distance or (‘‘Candidate Status’’) of institutions of correspondence education method up to
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and including the professional doctoral person(s) making the comment. DEPARTMENT OF EDUCATION degree, including those institutions that Comments should be submitted as a [Docket No. ED–2021–SCC–0034] are specifically certified by the agency Microsoft Word document or in a as accredited for Title IV purposes. medium compatible with Microsoft Agency Information Collection 7. Middle States Commission on Word (not a PDF file) that is attached to Activities; Submission to the Office of Secondary Schools. Scope of an email or provided in the body of an Management and Budget for Review recognition: The accreditation of email message. Comments about an and Approval; Comment Request; postsecondary, non-degree granting agency that has submitted a compliance Assurance of Compliance—Civil institutions that offer all or part of their report scheduled for review by the Rights Certificate educational programs via distance Department must relate to the criteria education modalities in the United AGENCY: Office of Civil Rights (OCR), for recognition cited in the senior States. Department of Education (ED). Department official’s letter that 8. Southern Association of Colleges ACTION: Notice. and Schools, Commission on Colleges requested the report, or in the (‘‘SACSCOC’’). Scope of recognition: Secretary’s appeal decision, if any. SUMMARY: In accordance with the The accreditation and pre-accreditation Comments about an agency that has Paperwork Reduction Act of 1995, ED is (‘‘Candidate for Accreditation’’) of submitted a petition for initial proposing an extension of a currently degree-granting institutions of higher recognition, renewal of recognition, or approved collection. education in Alabama, Florida, Georgia, an expansion of scope must relate to the DATES: Interested persons are invited to Kentucky, Louisiana, Mississippi, North agency’s compliance with the Criteria submit comments on or before August Carolina, South Carolina, Tennessee, for the Recognition of Accrediting 11, 2021. Texas, and Virginia, including the Agencies, which are available at http:// ADDRESSES: Written comments and accreditation of programs offered via www.ed.gov/admins/finaid/accred/ recommendations for proposed distance and correspondence education index.html. information collection requests should within these institutions. This Only written materials submitted by be sent within 30 days of publication of recognition extends to the SACSCOC this notice to www.reginfo.gov/public/ Board of Trustees and the Appeals the deadline to the email address listed in this notice, and in accordance with do/PRAMain. Find this information Committee of the College Delegate collection request by selecting Assembly on cases of initial candidacy these instructions, become part of the official record concerning agencies ‘‘Department of Education’’ under or initial accreditation and for ‘‘Currently Under Review,’’ then check scheduled for review and are considered continued accreditation or candidacy. ‘‘Only Show ICR for Public Comment’’ by the Department and NACIQI in their Compliance Reports checkbox. Comments may also be sent deliberations. to [email protected]. 1. New York State Board of Regents, Electronic Access to This Document: FOR FURTHER INFORMATION CONTACT: For State Education Department, Office of The official version of this document is the Professions (Public Postsecondary specific questions related to collection the document published in the Federal Vocational Education, Practical activities, please contact Elizabeth Register. Free internet access to the Nursing). Scope of Recognition: State Wiegman, 202–453–6039. agency for the approval of public official edition of the Federal Register SUPPLEMENTARY INFORMATION: The postsecondary vocational education in and the Code of Federal Regulations is Department of Education (ED), in the field of practical nursing offered by available via the Federal Digital System accordance with the Paperwork a Board of Cooperative Educational at: www.gpo.gov/fdsys. At this site you Reduction Act of 1995 (PRA) (44 U.S.C. Services, an Educational Opportunity can view this document, as well as all 3506(c)(2)(A)), provides the general Center, City School Districts, and other documents of the Department public and Federal agencies with an County Boards of Supervisors to prepare published in the Federal Register, in opportunity to comment on proposed, persons for licensed practical nursing text or Adobe Portable Document revised, and continuing collections of careers in the State of New York. The Format (PDF). To use PDF, you must information. This helps the Department compliance report includes findings of have Adobe Acrobat Reader, which is assess the impact of its information noncompliance with Criteria in 34 CFR available free at the site. You may also collection requirements and minimize 603 as referenced in the SDO decision access documents of the Department the public’s reporting burden. It also letter dated May 27, 2020 available published in the Federal Register by helps the public understand the under NACIQI meeting date 02/27/2020 using the article search feature at: Department’s information collection at https://surveys.ope.ed.gov/ www.federalregister.gov. Specifically, requirements and provide the requested erecognition/PublicDocuments. through the advanced search feature at data in the desired format. ED is this site, you can limit your search to soliciting comments on the proposed Submission of Written Comments information collection request (ICR) that documents published by the Regarding a Specific Accrediting is described below. The Department of Department. Agency Under Review Education is especially interested in Written comments about the Authority: 20 U.S.C. 1011c; 20 U.S.C. public comment addressing the recognition of any of the accrediting 1099b. following issues: (1) Is this collection agencies listed above must be received Annmarie Weisman, necessary to the proper functions of the by August 15, 2021, in the Department; (2) will this information be [email protected] mailbox. Deputy Assistant Secretary for Policy, processed and used in a timely manner; Please include in the subject line Planning and Innovation, Office of (3) is the estimate of burden accurate; Postsecondary Education. ‘‘Written Comments: (agency name).’’ (4) how might the Department enhance The electronic mail (email) must [FR Doc. 2021–14741 Filed 7–9–21; 8:45 am] the quality, utility, and clarity of the include the name(s), title, organization/ BILLING CODE 4000–01–P information to be collected; and (5) how affiliation, mailing address, email might the Department minimize the address, and telephone number of the burden of this collection on the
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respondents, including through the use information collection under OMB recommendations to parents to of information technology. Please note control number 1894–0006. encourage them to read aloud to their that written comments received in DATES: children starting in infancy; and (3) response to this notice will be Applications Available: July 12, 2021. provide high-quality books on a regular considered public records. Deadline for Notice of Intent to Apply: basis to children and adolescents from Title of Collection: Assurance of July 22, 2021. low-income communities to increase Compliance—Civil Rights Certificate. Deadline for Transmittal of reading motivation, performance, and OMB Control Number: 1870–0503. Applications: August 11, 2021. frequency. Type of Review: An extension of a Deadline for Intergovernmental The Explanatory Statement for currently approved collection. Review: September 10, 2021. Division H of the Consolidated Respondents/Affected Public: State, ADDRESSES: For the addresses for Appropriations Act, 2021 (Pub. L. 116– Local, and Tribal Governments; Private obtaining and submitting an 260) (2021 Appropriations Explanatory Sector. application, please refer to our Common Statement) includes language directing Total Estimated Number of Annual Instructions for Applicants to the Department to reserve no less than Responses: 25. Department of Education Discretionary 50 percent of funds under the IAL Total Estimated Number of Annual Grant Programs, published in the program for grants to develop and Burden Hours: 8. Federal Register on February 13, 2019 enhance effective school library Abstract: The Office for Civil Rights (84 FR 3768) and available at programs, which may include providing (OCR) has enforcement responsibilities www.govinfo.gov/content/pkg/FR-2019- professional development to school under several civil rights laws, 02-13/pdf/2019-02206.pdf. librarians and books and up-to-date including Title VI of the Civil Rights Act FOR FURTHER INFORMATION CONTACT: materials to high-need schools (166 of 1964, Title IX of the Education Simon Earle, U.S. Department of Cong. Rec. H8634, 2020). While report Amendments of 1972, Section 504 of the Education, 400 Maryland Avenue SW, language does not create a legal Rehabilitation Act of 1973, the Age Room 3E254, Washington, DC 20202– requirement to reserve the specified Discrimination Act of 1975, and the Boy 6450. Telephone: (202) 453–7923. amount of funding for school library Scouts of America Equal Access Act. To Email: [email protected]. programs, the number of high-quality meet these responsibilities, OCR collects If you use a telecommunications applications related to school library assurances of compliance from device for the deaf (TDD) or a text programs received under IAL applicants for Federal financial telephone (TTY), call the Federal Relay competitions generally has allowed the assistance from, and applicants for Service (FRS), toll free, at 1–800–877– Department to meet this report language funds made available through, the 8339. directive. Department of Education, as required by Pre-Application Webinar Information: Priorities: This notice contains two regulations. These entities include, for The Department will hold a pre- absolute priorities and three competitive example, State educational agencies, application meeting via webinar for preference priorities. Absolute Priorities local education agencies, and prospective applicants. For information 1 and 2 were established in the notice postsecondary educational institutions. about the pre-application webinar, visit of final priorities and requirement for If a recipient violates one or more of the IAL website at: https://oese.ed.gov/ IAL (NFP), published elsewhere in this these civil rights laws, OCR and the offices/office-of-discretionary-grants- issue of the Federal Register. Department of Justice can use the signed support-services/well-rounded- Competitive Preference Priority 1 is assurances of compliance in an education-programs/innovative- from the Administrative Priorities for enforcement proceeding. approaches-to-literacy/. Discretionary Grant Programs, published in the Federal Register on Dated: July 7, 2021. SUPPLEMENTARY INFORMATION: March 9, 2020 (85 FR 13640) Juliana Pearson, Full Text of Announcement (Administrative Priorities). Competitive PRA Coordinator, Strategic Collections and I. Funding Opportunity Description Preference Priorities 2 and 3 are from Clearance Governance and Strategy Division the NFP. Office of Chief Data Officer Office of Planning, Purpose of Program: The IAL program Evaluation and Policy Development. Absolute Priorities: For FY 2021 and supports high-quality programs any subsequent year in which we make [FR Doc. 2021–14742 Filed 7–9–21; 8:45 am] designed to develop and improve awards from the list of unfunded BILLING CODE 4000–01–P literacy skills for children and students applications from this competition, from birth through 12th grade in high- these priorities are absolute priorities. need local educational agencies (LEAs) DEPARTMENT OF EDUCATION Under 34 CFR 75.105(c)(3), we consider and schools. The Department intends to only applications that meet at least one promote innovative literacy programs Applications for New Awards; of these absolute priorities. that support the development of literacy Innovative Approaches to Literacy These priorities are: skills in low-income communities, Program Absolute Priority 1—Projects, Carried including programs that (1) develop and Out in Coordination With School AGENCY: Office of Elementary and enhance effective school library Libraries, for Book Distribution, Secondary Education, Department of programs, which may include providing Childhood Literacy Activities, or Both. Education. professional development for school Projects that propose to coordinate ACTION: Notice. librarians, books, and up-to-date with school libraries to carry out grant materials to high-need schools; (2) activities, such as book distributions, SUMMARY: The Department of Education provide early literacy services, childhood literacy activities, or both, for (Department) is issuing a notice inviting including pediatric literacy programs the proposed project. applications for new awards for fiscal through which, during well-child visits, Absolute Priority 2—Projects, Carried year (FY) 2021 for the Innovative medical providers trained in research- Out in Coordination With School Approaches to Literacy (IAL) Program, based methods of early language and Libraries, That Provide a Learning Assistance Listing Number 84.215G. literacy promotion provide Environment That Is Racially, This notice relates to the approved developmentally appropriate books and Ethnically, Culturally, Disability Status
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and Linguistically Responsive and collegenavigator/) where IHEs can be looked Eligible national nonprofit Inclusive, Supportive, and Identity-Safe. up individually to determine the campus organization (NNP) means an Projects coordinated with school setting. organization of national scope that— libraries and designed to be responsive Competitive Preference Priority 2— (a) Is supported by staff, which may to racial, ethnic, cultural, disability, and Supporting Students in Urban Areas. (0 include volunteers, or affiliates at the linguistic differences in a manner that or 5 points) State and local levels; and creates inclusive, supportive, and Projects that are designed to serve one (b) Demonstrates effectiveness or identity-safe learning environments. or more urban LEAs. In its application, high-quality plans for addressing In its application, the applicant an applicant must demonstrate one of childhood literacy activities for the must— the following: population targeted by the grant. (a) The applicant is an eligible LEA or (a) Describe the types of racially, Note: A local affiliate of an NNP ethnically, culturally, disability status, consortium of eligible LEAs with a organization does not meet the definition of and linguistically responsive program locale code of 11, 12, or 13. NNP organization. Only a national agency, design elements that the applicant (b) The applicant is a national organization, or institution is eligible to proposes to include in its project; nonprofit that proposes to serve schools apply as an NNP organization. (b) Explain how its program design within eligible LEAs all of which have a locale code of 11, 12, or 13. Local educational agency means: will create inclusive, supportive, and (a) In general—The term local identity-safe environments; and Note: Applicants are encouraged to retrieve educational agency means a public (c) Describe how its project will be locale codes from the NCES School District board of education or other public carried out in coordination with school search tool (https://nces.ed.gov/ccd/ districtsearch/), searching by LEA. authority legally constituted within a libraries. State for either administrative control or Competitive Preference Priorities: For Competitive Preference Priority 3— direction of, or to perform a service FY 2021 and any subsequent year in Supporting Students From Low-Income function for, public elementary schools which we make awards from the list of Families. (up to 3 points) or secondary schools in a city, county, Projects that serve LEAs serving unfunded applications from this township, school district, or other students from low-income families. In competition, these priorities are political subdivision of a State, or of or its application, an applicant must competitive preference priorities. Under for a combination of school districts or demonstrate, based on Small Area 34 CFR 75.105(c)(2)(i), we award up to counties that is recognized in a State as Income and Poverty Estimates (SAIPE) an additional 13 points to an an administrative agency for its public data from the U.S. Census Bureau or, for application, depending on how well the elementary schools or secondary an LEA for which SAIPE data are not application meets one or more of these schools. available, the same State-derived priorities. For Competitive Preference (b) Administrative Control and equivalent of SAIPE data that the State Priority 1, we award an additional five Direction—The term includes any other points to an application that meets the uses to make allocations under part A of title I of the Elementary and Secondary public institution or agency having priority. For Competitive Preference administrative control and direction of Priority 2, we award an additional five Education Act of 1965, as amended (ESEA), one of the following: a public elementary school or secondary points to an application that meets the school. priority. For Competitive Preference (a) At least 30 percent of the students enrolled in each of the LEAs to be (c) Bureau of Indian Education Priority 3, we award up to an additional Schools—The term includes an three points, depending on which served by the proposed project are from families with an income below the elementary school or secondary school priority subpart (a, b, or c) the applicant funded by the Bureau of Indian meets. poverty line. (1 point) (b) At least 40 percent of the students Education but only to the extent that These priorities are: including the school makes the school Competitive Preference Priority 1— enrolled in each of the LEAs to be served by the proposed project are from eligible for programs for which specific Rural Applicants. (0 or 5 points) eligibility is not provided to the school Under this priority, an applicant must families with an income below the poverty line. (2 points) in another provision of law and the demonstrate the applicant proposes to school does not have a student serve a community that is served by one (c) At least 50 percent of the students enrolled in each of the LEAs to be population that is smaller than the or more LEAs with a locale code of 32, student population of the local 33, 41, 42, or 43. served by the proposed project are from families with an income below the educational agency receiving assistance Note: To determine whether a particular poverty line. (3 points) under this Act with the smallest student LEA is eligible for the Small, Rural School Definitions: The definitions of population, except that the school shall Achievement program (SRSA) or Rural and ‘‘demonstrates a rationale,’’ ‘‘logic not be subject to the jurisdiction of any Low-Income School program (RLIS), refer to State educational agency other than the the Department’s website at https:// model,’’ ‘‘project component,’’ and oese.ed.gov/offices/office-of-formula-grants/ ‘‘relevant outcome’’ are from 34 CFR Bureau of Indian Education. rural-insular-native-achievement-programs/ 77.1. The definition of ‘‘eligible national (d) Educational Service Agencies— rural-education-achievement-program/. nonprofit organization’’ is from section The term includes educational service Applicants are encouraged to retrieve locale 2226(b)(2) of the ESEA (20 U.S.C. agencies and consortia of those codes from the National Center for Education 6646(b)(2)). The definition of ‘‘local agencies. Statistics (NCES) School District search tool educational agency’’ is from section (e) State Educational Agency—The (https://nces.ed.gov/ccd/districtsearch/), 8101(30) (20 U.S.C. 7801(30)) of the term includes the State educational where LEAs can be looked up individually to ESEA. agency in a State in which the State retrieve locale codes and Public School Demonstrates a rationale means a key educational agency is the sole search tool (https://nces.ed.gov/ccd/ schoolsearch/), where individual schools can project component included in the educational agency for all public be looked up to retrieve locale codes. project’s logic model is informed by schools. Applicants are encouraged to retrieve research or evaluation findings that Logic model (also referred to as a campus settings from the NCES College suggest the project component is likely theory of action) means a framework Navigator search tool (https://nces.ed.gov/ to improve relevant outcomes. that identifies key project components
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of the proposed project (i.e., the active III. Eligibility Information document if it clearly establishes the ‘‘ingredients’’ that are hypothesized to nonprofit status of the applicant; or (4) any 1. Eligible Applicants: To be item described above if that item applies to be critical to achieving the relevant considered for an award under this outcomes) and describes the theoretical a State or national parent organization, competition, an applicant must be one together with a statement by the State or and operational relationships among the or more of the following: parent organization that the applicant is a key project components and relevant (1) An LEA in which 20 percent or local nonprofit affiliate. outcomes. more of the students served by the LEA 2. a. Cost Sharing or Matching: This Project component means an activity, are from families with an income below competition does not require cost strategy, intervention, process, product, the poverty line (as defined in section sharing or matching. practice, or policy included in a project. 8101(41) of the ESEA). Evidence may pertain to an individual (2) A consortium of such LEAs b. Supplement-Not-Supplant: This project component or to a combination described in paragraph (1) above. competition involves supplement-not- of project components (e.g., training (3) The Bureau of Indian Education. supplant funding requirements. Section teachers on instructional practices for (4) An eligible national nonprofit 2301 of the ESEA provides that funds English learners and follow-on coaching organization (as defined in section made available under this program must for these teachers). 2226(b)(2) of the ESEA) that serves be used to supplement, and not Relevant outcome means the student children and students within the supplant, non-Federal funds that would outcome(s) or other outcome(s) the key attendance boundaries of one or more otherwise be used for IAL program project component is designed to eligible LEAs. activities by grantees. 20 U.S.C. 1221e– improve, consistent with the specific 3, 3474, and 6511(a); 34 CFR 76.564 Note: Under the definition of ‘‘poverty through 76.569. goals of the program. line’’ in section 8101(41) of the ESEA, the Program Authority: Section 2226 of determination of the percentage of students c. Indirect Cost Rate Information: This the ESEA (20 U.S.C. 6646). served by an LEA from families with an program uses a restricted indirect cost Note: Projects will be awarded and must be income below the poverty line is based on rate. For more information regarding operated in a manner consistent with the the U.S. Census Bureau’s SAIPE data. indirect costs, or to obtain a negotiated nondiscrimination requirements contained in An entity that meets the definition of indirect cost rate, please see the Federal civil rights laws. an LEA in section 8101(30) of the ESEA www2.ed.gov/about/offices/list/ocfo/ Applicable Regulations: (a) The and that serves multiple LEAs, such as intro.html. Education Department General a county office of education, an d. Administrative Cost Limitation: Administrative Regulations in 34 CFR education service agency, or regional This program does not include any parts 75, 77, 79, 81, 82, 84, 86, 97, 98, service education agency, must provide program-specific limitation on and 99. (b) The Office of Management the most recent SAIPE data for each of administrative expenses. All and Budget Guidelines to Agencies on the individual LEAs it serves. To administrative expenses must be Governmentwide Debarment and determine whether the entity meets the reasonable and necessary and conform Suspension (Nonprocurement) in 2 CFR poverty threshold, the Department will to Cost Principles described in 2 CFR part 180, as adopted and amended as derive the entity’s poverty rate by part 200 subpart E of the Uniform regulations of the Department in 2 CFR aggregating the number of students from Guidance. part 3485. (c) The Uniform families below the poverty line (as 3. Subgrantees: A grantee under this Administrative Requirements, Cost provided in SAIPE data) in each of the competition may not award subgrants to Principles, and Audit Requirements for LEAs the entity serves and dividing it entities to directly carry out project Federal Awards in 2 CFR part 200, as by the total number of students (as activities described in its application. adopted and amended as regulations of provided in SAIPE data) in all of the IV. Application and Submission the Department in 2 CFR part 3474. (d) LEAs the entity serves. Information The regulations in 34 CFR part 299. (e) An LEA for which SAIPE data are not The NFP. (f) The Administrative available, such as a non-geographic 1. Application Submission Priorities. charter school, must provide a Instructions: Applicants are required to follow the Common Instructions for Note: The regulations in 34 CFR part 79 determination by the State educational apply to all applicants except federally agency (SEA) that 20 percent or more of Applicants to Department of Education recognized Indian Tribes. the students aged 5–17 in the LEA are Discretionary Grant Programs, from families with incomes below the published in the Federal Register on II. Award Information poverty line based on the same State- February 13, 2019 (84 FR 3768) and derived poverty data the SEA used to available at www.govinfo.gov/content/ Type of Award: Discretionary grants. pkg/FR-2019-02-13/pdf/2019-02206.pdf, Estimated Available Funds: determine the LEA’s allocation under part A of title I of the ESEA. which contain requirements and $25,000,000. information on how to submit an Contingent upon the availability of Note: If you are a nonprofit organization, application. funds and the quality of applications, under 34 CFR 75.51, you may demonstrate 2. Submission of Proprietary we may make additional awards in FY your nonprofit status by providing: (1) Proof Information: Given the types of projects 2022 from the list of unfunded that the Internal Revenue Service currently recognizes the applicant as an organization to that may be proposed in applications for applications from this competition. which contributions are tax deductible under Estimated Range of Awards: $175,000 the IAL program, your application may section 501(c)(3) of the Internal Revenue include business information that you to $750,000. Code; (2) a statement from a State taxing Estimated Average Size of Awards: consider proprietary. In 34 CFR 5.11 we body or the State attorney general certifying define ‘‘business information’’ and $500,000. that the organization is a nonprofit Estimated Number of Awards: 40–60. organization operating within the State and describe the process we use in that no part of its net earnings may lawfully determining whether any of that Note: The Department is not bound by any benefit any private shareholder or individual; information is proprietary and, thus, estimates in this notice. (3) a certified copy of the applicant’s protected from disclosure under Project Period: 60 months. certificate of incorporation or similar Exemption 4 of the Freedom of
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Information Act (5 U.S.C. 552, as the approximate number of applicants the proposed project, the Secretary amended). that intend to apply. Therefore, we considers the quality and sufficiency of Because we plan to make successful strongly encourage each potential strategies for ensuring equal access and applications available to the public, you applicant to notify us of their intent to treatment for eligible project may wish to request confidentiality of submit an application. To do so, please participants who are members of groups business information. email the program contact person listed that have traditionally been Consistent with Executive Order under FOR FURTHER INFORMATION underrepresented based on race, color, 12600, please designate in your CONTACT with the subject line ‘‘Intent to national origin, gender, age, or application any information that you Apply,’’ and include the applicant’s disability. believe is exempt from disclosure under name and a contact person’s name and In addition, the Secretary considers Exemption 4. In the appropriate email address. Applicants that do not the following factors: Appendix section of your application, submit a notice of intent to apply may (1) The extent to which the services under ‘‘Other Attachments Form,’’ still apply for funding; applicants that to be provided by the proposed project please list the page number or numbers do submit a notice of intent to apply are are appropriate to the needs of the on which we can find this information. not bound to apply or bound by the intended recipients or beneficiaries of For additional information please see 34 information provided. those services. CFR 5.11(c). (2) The likely impact of the services 3. Intergovernmental Review: This V. Application Review Information to be provided by the proposed project program is subject to Executive Order 1. Selection Criteria: The selection on the intended recipients of those 12372 and the regulations in 34 CFR criteria for this competition are from 34 services. part 79. Information about CFR 75.210 and are as follows: (3) The extent to which the services Intergovernmental Review of Federal (a) Significance (up to 20 points). to be provided by the proposed project Programs under Executive Order 12372 The Secretary considers the are focused on those with greatest is in the application package for this significance of the proposed project. In needs. competition. Please note that, under 34 determining the significance of the (d) Quality of the management plan CFR 79.8(a), we have shortened the proposed project, the Secretary (up to 25 points). standard 60-day intergovernmental considers the following factors: The Secretary considers the quality of review period in order to make awards (1) The significance of the problem or the management plan for the proposed by the end of FY 2021. issue to be addressed by the proposed project. In determining the quality of the 4. Funding Restrictions: We reference project. management plan for the proposed regulations outlining funding (2) The extent to which the proposed project, the Secretary considers: restrictions in the Applicable project is likely to build local capacity (1) The adequacy of the management Regulations section of this notice. to provide, improve, or expand services plan to achieve the objectives of the 5. Recommended Page Limit: The that address the needs of the target proposed project on time and within application narrative is where you, the population. budget, including clearly defined applicant, address the selection criteria (3) The importance or magnitude of responsibilities, timelines, and that reviewers use to evaluate your the results or outcomes likely to be milestones for accomplishing project application. We recommend that you (1) attained by the proposed project, tasks. limit the application narrative to no especially improvements in teaching (2) The adequacy of procedures for more than 25 pages and (2) use the and student achievement. ensuring feedback and continuous following standards: (b) Quality of the project design (up to improvement in the operation of the • A ‘‘page’’ is 8.5″ x 11″, on one side 20 points). proposed project. only, with 1″ margins at the top, bottom, The Secretary considers the quality of (3) The extent to which the time and both sides. the design of the proposed project. In commitments of the project director and • Double space (no more than three determining the quality of the design of principal investigator and other key lines per vertical inch) all text in the the proposed project, the Secretary project personnel are appropriate and application narrative, including titles, considers the following factors: adequate to meet the objectives of the headings, footnotes, quotations, (1) The extent to which the goals, proposed project. references, and captions, as well as all objectives, and outcomes to be achieved (e) Quality of project evaluation (up to text in charts, tables, figures, and by the proposed project are clearly 10 points). graphs. specified and measurable. The Secretary considers the quality of • Use a font that is either 12 point or (2) The extent to which the design of the evaluation to be conducted of the larger or no smaller than 10 pitch the proposed project is appropriate to, proposed project. In determining the (characters per inch). and will successfully address, the needs quality of the evaluation, the Secretary • Use one of the following fonts: of the target population or other considers the following factors: Times New Roman, Courier, Courier identified needs. (1) The extent to which the methods New, or Arial. (3) The extent to which the proposed of evaluation are appropriate to the The recommended page limit does not project represents an exceptional context within which the project apply to the cover sheet; the budget approach for meeting statutory purposes operates. section, including the narrative budget and requirements. (2) The extent to which the methods justification; the assurances and (4) The extent to which the proposed of evaluation provide for examining the certifications; the one-page abstract, project demonstrates a rationale (as effectiveness of project implementation resumes, bibliography, logic model, or defined in this notice). strategies. letters of support. However, the (c) Quality of project services (up to 2. Review and Selection Process: We recommended page limit does apply to 25 points). remind potential applicants that in all of the application narrative. The Secretary considers the quality of reviewing applications in any 6. Notice of Intent to Apply: The the services to be provided by the discretionary grant competition, the Department will be able to review grant proposed project. In determining the Secretary may consider, under 34 CFR applications more efficiently if we know quality of the services to be provided by 75.217(d)(3), the past performance of the
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applicant in carrying out a previous 5. In General: In accordance with the terms of any licenses or other legal award, such as the applicant’s use of Office of Management and Budget’s restrictions on the use of pre-existing funds, achievement of project guidance located at 2 CFR part 200, all works. Additionally, a grantee or objectives, and compliance with grant applicable Federal laws, and relevant subgrantee that is awarded competitive conditions. The Secretary may also Executive guidance, the Department grant funds must have a plan to consider whether the applicant failed to will review and consider applications disseminate these public grant submit a timely performance report or for funding pursuant to this notice deliverables. This dissemination plan submitted a report of unacceptable inviting applications in accordance can be developed and submitted after quality. with— your application has been reviewed and In addition, in making a competitive (a) Selecting recipients most likely to selected for funding. For additional grant award, the Secretary requires be successful in delivering results based information on the open licensing various assurances, including those on the program objectives through an requirements please refer to 2 CFR applicable to Federal civil rights laws objective process of evaluating Federal 3474.20. that prohibit discrimination in programs award applications (2 CFR 200.205); 4. Reporting: (a) If you apply for a or activities receiving Federal financial (b) Prohibiting the purchase of certain grant under this competition, you must assistance from the Department (34 CFR telecommunication and video ensure that you have in place the 100.4, 104.5, 106.4, 108.8, and 110.23). surveillance services or equipment in necessary processes and systems to 3. Risk Assessment and Specific alignment with section 889 of the comply with the reporting requirements Conditions: Consistent with 2 CFR National Defense Authorization Act of in 2 CFR part 170 should you receive 200.206, before awarding grants under 2019 (Pub. L. 115–232) (2 CFR 200.216); funding under the competition. This this program the Department conducts a (c) Providing a preference, to the does not apply if you have an exception review of the risks posed by applicants. extent permitted by law, to maximize under 2 CFR 170.110(b). Under 2 CFR 200.208, the Secretary may use of goods, products, and materials (b) At the end of your project period, impose specific conditions and, under 2 produced in the United States (2 CFR you must submit a final performance CFR 3474.10, in appropriate 200.322); and report, including financial information, circumstances, high-risk conditions on a (d) Terminating agreements in whole as directed by the Secretary. If you grant if the applicant or grantee is not or in part to the greatest extent receive a multiyear award, you must financially stable; has a history of authorized by law if an award no longer submit an annual performance report unsatisfactory performance; has a effectuates the program goals or agency that provides the most current financial or other management system priorities (2 CFR 200.340). performance and financial expenditure that does not meet the standards in 2 information as directed by the Secretary CFR part 200, subpart D; has not VI. Award Administration Information under 34 CFR 75.118. The Secretary fulfilled the conditions of a prior grant; 1. Award Notices: If your application may also require more frequent or is otherwise not responsible. is successful, we notify your U.S. performance reports under 34 CFR 4. Integrity and Performance System: Representative and U.S. Senators and 75.720(c). For specific requirements on If you are selected under this send you a Grant Award Notification reporting, please go to www.ed.gov/ competition to receive an award that (GAN); or we may send you an email fund/grant/apply/appforms/ over the course of the project period containing a link to access an electronic appforms.html. may exceed the simplified acquisition version of your GAN. We may notify 5. Performance Measures: For threshold (currently $250,000), under 2 you informally, also. purposes of the Government CFR 200.206(a)(2) we must make a If your application is not evaluated or Performance and Results Act of 1993 judgment about your integrity, business not selected for funding, we notify you. and for Department reporting under 34 ethics, and record of performance under 2. Administrative and National Policy CFR 75.110, the Department has Federal awards—that is, the risk posed Requirements: We identify established the following performance by you as an applicant—before we make administrative and national policy measures for the IAL program: (1) The an award. In doing so, we must consider requirements in the application package percentage of fourth graders any information about you that is in the and reference these and other participating in the project who integrity and performance system requirements in the Applicable demonstrated individual student growth (currently referred to as the Federal Regulations section of this notice. (i.e., an improvement in their Awardee Performance and Integrity We reference the regulations outlining achievement) over the past year on State Information System (FAPIIS)), the terms and conditions of an award in reading or language arts assessments accessible through the System for the Applicable Regulations section of under section 1111(b)(2) of the ESEA; Award Management. You may review this notice and include these and other (2) the percentage of eighth graders and comment on any information about specific conditions in the GAN. The participating in the project who yourself that a Federal agency GAN also incorporates your approved demonstrated individual student growth previously entered and that is currently application as part of your binding (i.e., an improvement in their in FAPIIS. commitments under the grant. achievement) over the past year on State Please note that, if the total value of 3. Open Licensing Requirements: reading or language arts assessments your currently active grants, cooperative Unless an exception applies, if you are under section 1111(b)(2) of the ESEA; agreements, and procurement contracts awarded a grant under this competition, (3) the percentage of schools from the Federal Government exceeds you will be required to openly license participating in the project whose book- $10,000,000, the reporting requirements to the public grant deliverables created to-student ratios increase from the in 2 CFR part 200, Appendix XII, in whole, or in part, with Department previous year; and (4) the percentage of require you to report certain integrity grant funds. When the deliverable participating children who receive at information to FAPIIS semiannually. consists of modifications to pre-existing least one free, grade- and language- Please review the requirements in 2 CFR works, the license extends only to those appropriate book of their own. part 200, Appendix XII, if this grant modifications that can be separately All grantees will be expected to plus all the other Federal funds you identified and only to the extent that submit an annual performance report receive exceed $10,000,000. open licensing is permitted under the that includes data addressing these
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performance measures to the extent that your search to documents published by Power Company, Kingsport Power they apply to the grantee’s project. the Department. Company, Wheeling Power Company, AEP Energy, Inc., AEP Generation 6. Continuation Awards: In making a Ian Rosenblum, continuation award under 34 CFR Resources Inc., Ohio Power Company, Deputy Assistant Secretary for Policy and AEP Retail Energy Partners, Ohio Valley 75.253, the Secretary considers, among Programs Delegated the Authority to Perform Electric Corporation, Public Service other things: Whether a grantee has the Functions and Duties of the Assistant Company of Oklahoma, AEP Texas Inc., made substantial progress in achieving Secretary, Office of Elementary and Southwestern Electric Power Company, the goals and objectives of the project; Secondary Education. [FR Doc. 2021–14763 Filed 7–9–21; 8:45 am] Flat Ridge 3 Wind Energy, LLC. whether the grantee has expended funds Description: Triennial Market Power BILLING CODE 4000–01–P in a manner that is consistent with its Analysis for Southwest Power Pool, Inc. approved application and budget; and, Region of AEP Energy Partners, Inc., et if the Secretary has established al. performance measurement DEPARTMENT OF ENERGY Filed Date: 6/30/21. requirements, whether the grantee has Federal Energy Regulatory Accession Number: 20210630–5365. Comments Due: 5 p.m. ET 8/30/21. made substantial progress in achieving Commission the performance targets in the grantee’s Docket Numbers: ER16–1990–003; approved application. Combined Notice of Filings #1 ER20–1996–002; ER21–1187–001; ER21–1188–001; ER21–1217–001; In making a continuation award, the Take notice that the Commission Secretary also considers whether the ER21–1218–001; ER21–1370–002. received the following electric rate Applicants: Assembly Solar I, LLC, grantee is operating in compliance with filings: Assembly Solar II, LLC, Dressor Plains the assurances in its approved Docket Numbers: ER10–1933–007; Solar, LLC, Iris Solar, LLC, North Star application, including those applicable ER10–2615–014; ER11–2335–016; Solar PV LLC, Prairie State Solar, LLC, to Federal civil rights laws that prohibit ER18–920–007. St. James Solar, LLC. discrimination in programs or activities Applicants: Marco DM Holdings, Description: Triennial Market Power receiving Federal financial assistance L.L.C., Plum Point Energy Associates, Analysis for Central Region of North from the Department (34 CFR 100.4, LLC, Plum Point Services Company, Star Solar PV LLC, et al. 104.5, 106.4, 108.8, and 110.23). LLC, RockGen Energy LLC. Filed Date: 6/30/21. Accession Number: 20210630–5359. VII. Other Information Description: Triennial Market Power Analysis for Central Region of RockGen Comments Due: 5 p.m. ET 8/30/21. Accessible Format: On request to the Energy, LLC, et al. Docket Numbers: ER19–2434–001; program contact person listed under FOR Filed Date: 6/30/21. ER19–2534–001. FURTHER INFORMATION CONTACT, Accession Number: 20210630–5369. Applicants: Citizens Energy individuals with disabilities can obtain Comments Due: 5 p.m. ET 8/30/21. Corporation, Citizens Imperial Solar this document and a copy of the Docket Numbers: ER10–2405–010. LLC. Description: Notice of Non-Material application package in an accessible Applicants: High Prairie Wind Farm Change in Status of Citizens Imperial format. The Department will provide the II, LLC. Description: Triennial Market Power Solar LLC, et al. requestor with an accessible format that Filed Date: 6/30/21. may include Rich Text Format (RTF) or Analysis for Central Region and Notice of Non-Material Change in Status of Accession Number: 20210630–5367. text format (txt), a thumb drive, an MP3 Comments Due: 5 p.m. ET 7/21/21. High Prairie Wind Farm II, LLC. file, braille, large print, audiotape, or Docket Numbers: ER20–67–002; compact disc, or other accessible format. Filed Date: 6/30/21. Accession Number: 20210630–5362. ER20–113–002; ER20–116–002. Electronic Access to This Document: Comments Due: 5 p.m. ET 8/30/21. Applicants: Evergy Metro, Inc., Evergy The official version of this document is Missouri West, Inc., Evergy Kansas Docket Numbers: ER10–2718–038; Central, Inc. the document published in the Federal ER10–2719–039. Register. You may access the official Description: Triennial Market Power Applicants: Cogen Technologies Analysis for Southwest Power Pool, Inc. edition of the Federal Register and the Linden Venture, L.P., East Coast Power Code of Federal Regulations at Region of Evergy Kansas Central, Inc., et Linden Holding, L.L.C. al. www.govinfo.gov. At this site you can Description: Notice of Non-Material Filed Date: 6/30/21. view this document, as well as all other Change in Status of Cogen Technologies Accession Number: 20210630–5363. documents of this Department Linden Venture, L.P., et al. Comments Due: 5 p.m. ET 8/30/21. published in the Federal Register, in Filed Date: 6/30/21. Docket Numbers: ER20–681–003. text or Portable Document Format Accession Number: 20210630–5368. Applicants: Tri-State Generation and (PDF). To use PDF you must have Comments Due: 5 p.m. ET 7/21/21. Transmission Association, Inc. Adobe Acrobat Reader, which is Docket Numbers: ER11–46–016; Description: Triennial Market Power available free at the site. ER11–47–013; ER12–1400–008; ER12– Analysis for Southwest Power Pool, Inc. You may also access documents of the 1540–011; ER12–1541–011; ER12–1542– Region of Tri-State Generation and Department published in the Federal 011; ER12–1544–011; ER12–2343–011; Transmission Association, Inc. Register by using the article search ER13–1896–017; ER14–594–015; ER14– Filed Date: 6/30/21. feature at www.federalregister.gov. 868–002; ER16–323–010; ER17–1930– Accession Number: 20210630–5360. 005; ER17–1931–005; ER17–1932–005; Comments Due: 5 p.m. ET 8/30/21. Specifically, through the advanced ER21–136–002. search feature at this site, you can limit Docket Numbers: ER20–2429–001. Applicants: AEP Energy Partners, Inc., Applicants: Central Maine Power Appalachian Power Company, Flat Company, ISO New England Inc. Ridge 2 Wind Energy LLC, Indiana Description: Compliance filing: Michigan Power Company, Kentucky Central Maine Power; Order No. 864
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Comp.—Response to Staff Deficiency Docket Numbers: ER21–2353–000. Dated: July 6, 2021. Letter to be effective 1/1/2018. Applicants: Duke Energy Progress, Debbie-Anne A. Reese, Filed Date: 7/6/21. LLC. Deputy Secretary. Accession Number: 20210706–5057. Description: Tariff Cancellation: DEP- [FR Doc. 2021–14760 Filed 7–9–21; 8:45 am] Comments Due: 5 p.m. ET 7/27/21. Waynesville RS No. 185 Cancellation to BILLING CODE 6717–01–P Docket Numbers: ER20–2446–004. be effective 9/1/2021. Applicants: Bitter Ridge Wind Farm, Filed Date: 7/2/21. LLC. Accession Number: 20210702–5105. DEPARTMENT OF ENERGY Description: Compliance filing: Comments Due: 5 p.m. ET 7/23/21. Compliance filing for Docket ER20–2446 Docket Numbers: ER21–2354–000. Federal Energy Regulatory to be effective 9/29/2020. Applicants: Entergy Services, LLC. Commission Description: Request for Limited Filed Date: 7/6/21. [Docket No. IC21–32–000] Accession Number: 20210706–5058. Waivers and Clarification of Affiliate Comments Due: 5 p.m. ET 7/27/21. Rules of Entergy Services, LLC. Commission Information Collection Filed Date: 7/2/21. Activities Ferc–917 and Ferc–918; Docket Numbers: ER20–2503–003. Accession Number: 20210702–5168. Applicants: Paulding Wind Farm IV Consolidated Comment Request; Comments Due: 5 p.m. ET 7/23/21. Extension LLC. Docket Numbers: ER21–2355–000. Description: Compliance filing: Applicants: PJM Interconnection, AGENCY: Federal Energy Regulatory Compliance filing for Docket No. ER20– L.L.C. Commission. 2503 to be effective 9/22/2020. Description: § 205(d) Rate Filing: ACTION: Notice of information Filed Date: 7/6/21. Original ISA, Service Agreement No. collections and request for comments. Accession Number: 20210706–5061. 6100; Queue No. AD2–076 to be Comments Due: 5 p.m. ET 7/27/21. effective 6/10/2021. SUMMARY: In compliance with the Docket Numbers: ER20–2953–003. Filed Date: 7/6/21. requirements of the Paperwork Applicants: Lone Tree Wind, LLC. Accession Number: 20210706–5014. Reduction Act of 1995, the Federal Description: Compliance filing: Comments Due: 5 p.m. ET 7/27/21. Energy Regulatory Commission Compliance filing for Docket ER20–2953 Docket Numbers: ER21–2356–000. (Commission or FERC) is soliciting to be effective 12/16/2020. Applicants: Alabama Power public comment on the currently Filed Date: 7/6/21. Company. approved information collections, Accession Number: 20210706–5063. Description: § 205(d) Rate Filing: FERC–917 (Electric Transmission Comments Due: 5 p.m. ET 7/27/21. Sandhills 2 Solar LGIA Filing to be Facilities) and FERC–918 (Standards for Docket Numbers: ER21–2349–000. effective 6/21/2021. Business Practices and Communication Applicants: AR Searcy Project Filed Date: 7/6/21. Protocols for Public Utilities), both Company, LLC. Accession Number: 20210706–5047. under OMB Control No. 1902–0233, which will be submitted to the Office of Description: Baseline eTariff Filing: Comments Due: 5 p.m. ET 7/27/21. Management and Budget (OMB) for a MBR Initial Application to be effective Docket Numbers: ER21–2357–000. review of the information collection 9/1/2021. Applicants: Midcontinent requirements. Filed Date: 7/2/21. Independent System Operator, Inc. Accession Number: 20210702–5095. Description: § 205(d) Rate Filing: DATES: Comments on the collections of _ Comments Due: 5 p.m. ET 7/23/21. 2021–07–06 SA 3006 Duke-Jordan information are due September 10, Creek 3rd Rev GIA (J515) to be effective Docket Numbers: ER21–2350–000. 2021. 6/18/2021. Applicants: MS Sunflower Project ADDRESSES: You may submit copies of Filed Date: 7/6/21. your comments (identified by Docket Company, LLC. Accession Number: 20210706–5078. Description: Baseline eTariff Filing: Comments Due: 5 p.m. ET 7/27/21. No. IC21–32–000 and the specific FERC MBR Initial Application to be effective collection number (FERC–917 and/or The filings are accessible in the 9/1/2021. FERC–918) by one of the following Commission’s eLibrary system (https:// Filed Date: 7/2/21. methods: elibrary.ferc.gov/idmws/search/ Accession Number: 20210702–5096. Electronic filing through http:// fercgensearch.asp) by querying the Comments Due: 5 p.m. ET 7/23/21. www.ferc.gov, is preferred. docket number. • Electronic Filing: Documents must Docket Numbers: ER21–2351–000. Any person desiring to intervene or be filed in acceptable native Applicants: Entergy Services, LLC. protest in any of the above proceedings applications and print-to-PDF, but not Description: § 205(d) Rate Filing: must file in accordance with Rules 211 in scanned or picture format. Entergy Services, LLC to be effective 9/ and 214 of the Commission’s • For those unable to file 1/2021. Regulations (18 CFR 385.211 and electronically, comments may be filed Filed Date: 7/2/21. 385.214) on or before 5:00 p.m. Eastern by USPS mail or by hand (including Accession Number: 20210702–5099. time on the specified comment date. courier) delivery: Comments Due: 5 p.m. ET 7/23/21. Protests may be considered, but Æ Mail via U.S. Postal Service Only: Docket Numbers: ER21–2352–000. intervention is necessary to become a Addressed to: Federal Energy Applicants: Pacific Gas and Electric party to the proceeding. Regulatory Commission, Secretary of the Company. eFiling is encouraged. More detailed Commission, 888 First Street NE, Description: § 205(d) Rate Filing: information relating to filing Washington, DC 20426. Amendment to PG&E Elkhorn Energy requirements, interventions, protests, Æ Hand (Including Courier) Delivery: Storage LGIA (SA 379) to be effective 7/ service, and qualifying facilities filings Deliver to: Federal Energy Regulatory 3/2021. can be found at: http://www.ferc.gov/ Commission, 12225 Wilkins Avenue, Filed Date: 7/2/21. docs-filing/efiling/filing-req.pdf. For Rockville, MD 20852. Accession Number: 20210702–5102. other information, call (866) 208–3676 Instructions: All submissions must be Comments Due: 5 p.m. ET 7/23/21. (toll free). For TTY, call (202) 502–8659. formatted and filed in accordance with
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submission guidelines at: http:// studies addressing congestion and/or working through NAESB, were to www.ferc.gov. For user assistance, integration of new resource loads in develop complementary business contact FERC Online Support by email areas of the transmission system where practices. Required OASIS postings at [email protected], or by they have encountered transmission included: phone at (866) 208–3676 (toll-free). problems due to congestion or where 1. Explanations for changes in ATC Docket: Users interested in receiving they believe upgrades and other values; automatic notification of activity in this investments may be necessary to reduce 2. Capacity benefit margin (CBM) congestion and to integrate new docket or in viewing/downloading reevaluations and quarterly postings; comments and issuances in this docket resources. may do so at http://www.ferc.gov. 5. Required both the transmission 3. OASIS metrics and accepted/ denied requests; FOR FURTHER INFORMATION CONTACT: provider’s merchant function and Ellen Brown may be reached by email network customers to include a 4. Planning redispatch offers and at [email protected], telephone statement with each application for reliability redispatch data; at (202) 502–8663. network service or to designate a new 5. Curtailment data; network resource that attests, for each SUPPLEMENTARY INFORMATION: 6. Planning and system impact Title: FERC–917, Electric network resource identified, that the studies; transmission customer owns or has Transmission Facilities and FERC–918, 7. Metrics for system impact studies; Standards for Business Practices and committed to purchase the designated network resource and the designated and Communication Protocols for Public 8. All rules. Utilities. network resource comports with the OMB Control No.: 1902–0233. requirements for designated network Incorporating the Order No. 890 Type of Request: Three-year extension resources. The network customer standards into the Commission’s of the FERC–917 and FERC–918 includes this attestation in the regulations benefits wholesale electric information collection requirements customer’s comment section of the customers by streamlining utility with no changes to the reporting request when it confirms the request on business practices, transactional requirements. the Open Access Same-Time processes, and OASIS procedures, and Type of Respondents: Public utilities Information System (OASIS). by adopting a formal ongoing process transmission providers. 6. Required with regard to capacity for reviewing and upgrading the Abstract: On February 17, 2007, the reassignment that: (a) All sales or Commission’s OASIS standards and Commission issued Order No. 890 to assignments of capacity be conducted other electric industry business address and remedy opportunities for through or otherwise posted on the practices. These practices and undue discrimination under the pro transmission provider’s OASIS on or procedures benefit from the forma Open Access Transmission Tariff before the date the reassigned service implementation of generic industry (OATT) adopted in 1996 by Order No. commences; (b) assignees of standards. 888.1 Through Order No. 890, the transmission capacity execute a service The Commission’s Order No. 890 Commission: agreement prior to the date on which regulations can be found in 18 CFR 1. Adopted pro forma OATT the reassigned service commences; and 35.28 (pro forma tariff requirements), provisions necessary to keep imbalance (c) transmission providers aggregate and and 37.6 and 37.7 (OASIS charges closely related to incremental summarize in an electric quarterly requirements). 18 CFR 35.28(b) states: costs. report the data contained in these ‘‘Audit data must remain available for 2. Increased nondiscriminatory access service agreements. download on the OASIS for 90 days, to the grid by requiring public utilities, 7. Adopted an operational penalties except ATC/TTC postings that must working through the North American annual filing that provides information remain available for download on the Electric Reliability Corporation (NERC), regarding the penalty revenue the OASIS for 20 days. The audit data are to develop consistent methodologies for transmission provider has received and to be retained and made available upon available transfer capability (ATC) distributed. request for download for five years from calculation and to publish those 8. Required creditworthiness the date when they are first posted in methodologies to increase transparency. information to be included in a the same electronic form as used when 3. Required an open, transparent, and transmission provider’s OATT. they originally were posted on the coordinated transmission planning Attachment L must specify the OASIS.’’ qualitative and quantitative criteria that process thereby increasing the ability of Estimate of Annual Burden: 3 The customers to access new generating the transmission provider uses to determine the level of secured and Commission estimates the annual public resources and promote efficient reporting burden for the information utilization of transmission. unsecured credit required. The Commission required a NERC/ collections as follows. Please note, the 4. Gave the right to customers to 2 zeroes for respondents and responses request from transmission providers, NAESB team to draft and review Order No. 890 reliability standards and are based on having no filings of this business practices. The team was to type over the past four years. In 1 Promoting Wholesale Competition Through addition, we estimate no filings during Open Access Non-discriminatory Transmission solicit comment from each utility on Services by Public Utilities; Recovery of Stranded developed standards and practices and the next three years. The requirements Costs by Public Utilities and Transmitting Utilities, utilities were to implement each, after remain in the regulations and are Order No. 888, 61 FR 21540 (May 10, 1996), FERC Commission approval. Public utilities, included as part of OMB Control Stats. & Regs. ¶ 31,036 (1996), order on reh’g, Order Number 1902–0233. No. 888–A, 62 FR 12274 (Mar. 14, 1997), FERC working through NERC, were to revise Stats. & Regs. ¶ 31,048 (1997), order on reh’g, Order reliability standards to require the No. 888–B, 81 FERC ¶ 61,248 (1997), order on reh’g, exchange of data and coordination 3 Burden is defined as the total time, effort, or Order No. 888–C, 82 FERC ¶ 61,046 (1998), aff’d in financial resources expended by persons to relevant part sub nom. Transmission Access Policy among transmission providers and, generate, maintain, retain, or disclose or provide Study Group v. FERC, 225 F.3d 667 (D.C. Cir. 2000), information to or for a Federal agency. For further aff’d sub nom. New York v. FERC, 535 U.S. 1 2 NAESB is the North American Energy Standards explanation of what is included in the information (2002). Board. collection burden, refer to 5 CFR part 1320.
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FERC–917 (ELECTRIC TRANSMISSION FACILITIES) AND FERC–918 (STANDARDS FOR BUSINESS PRACTICES AND COMMUNICATION PROTOCOLS FOR PUBLIC UTILITIES)
Annual Average annual Total average annual Average Annual burden hours & annual cost Number of number of number of burden hrs. & respondents responses per cost 4 per response total annual cost 5 perespondent respondent responses ($) ($) ($)
(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) = (6)
18 CFR 35.28 (FERC–917)
Conforming tariff changes (Reporting) 20 1 20 20 hrs.; $1,460 ...... 400 hrs.; $29,200 ...... $1,460 Revision of Imbalance Charges (Re- 21 1 21 25 hrs.; $1,825 ...... 525 hrs.; $38,325 ...... 1,825 porting). ATC revisions (Reporting) ...... 11 1 11 20 hrs.; $1,460 ...... 220 hrs.; $16,060 ...... 1,460 Planning (Attachment K) (Reporting) 6 162 1 162 100 hrs., $7,300 ...... 16,200 hrs., $1,182,600 ... 7,300.00 Congestion studies (Reporting) ...... 162 1 162 300 hrs., $21,900 ...... 48,600 hrs., $3,547,800 ... 21,900.00 Attestation of network resource com- 162 1 162 1 hr., $73 ...... 162 hrs., $11,826 ...... 73.00 mitment (Reporting). Capacity reassignment (Reporting) ..... 162 1 162 100 hrs., $7,300 ...... 16,200 hrs., $1,182,600 ... 7,300.00 Operational Penalty annual filing 162 1 162 10 hrs., $358.30 ...... 1,620 hrs., $58,044.60 ..... 358.30 (Record Keeping) 7. Creditworthiness—include criteria in the tariff (Reporting) 8
FERC–917, Sub-Total of Record ...... 1,620 hrs., $58,044.60 ...... Keeping Requirements. FERC–917, Sub-Total of Report- ...... 132,527 hrs., $6,008,411 ...... ing Requirements. FERC–917—Sub Total of Report- ...... 134,147 hrs., ...... ing and Recordkeeping Re- $6,066,455.60 quirements.
18 CFR 37.6 & 37.7 (FERC–918)
Implementation by each utility 9 (Re- porting) NERC/NAESB Team to develop (Re- porting) Review and comment by utility (Re- porting) Mandatory data exchanges (Report- 162 1 162 80 hrs., $5,840 ...... 12,960 hrs., $946,080 ...... 5,840.00 ing). Explanation of change of ATC values 162 1 162 100 hrs., $7,300.00 ...... 16,200 hrs., $1,182,600 ... 7,300.00 (Reporting). Reevaluate CBM and post quarterly 162 1 162 20 hrs., $716.60 ...... 3,240 hrs., $116,089.20 ... 716.60 (Record Keeping). Post OASIS metrics; requests accept- 162 1 162 90 hrs., $6,570 ...... 14,580 hrs., $1,064,340 ... 6,570.00 ed/denied (Reporting). Post planning redispatch offers and 162 1 162 20 hrs., $716.60 ...... 3,240 hrs., $116,089.20 ... 716.60 reliability redispatch data (Record Keeping). Post curtailment data (Reporting) ...... 162 1 162 1 hr., $73.00 ...... 162 hrs., $11,826 ...... 73.00 Post Planning and System Impact 162 1 162 5 hrs., $365.00 ...... 810 hrs., $59,130 ...... 365.00 Studies (Reporting). Posting of metrics for System Impact 162 1 162 100 hrs., $7,300.00 ...... 16,200 hrs., $1,182,600 ... 7,300.00 Studies (Reporting). Post all rules to OASIS (Record Keep- 162 1 162 5 hrs., $179.15 ...... 810 hrs., $29,022.30 ...... 179.15 ing).
FERC–918, Sub-Total of Record ...... 7,290 hrs., $261,200.70 ...... Keeping Requirements. FERC–918 Sub-Total of Report- ...... 60,912 hrs., $4,446,576 ...... ing Requirements. FERC–918—Sub Total of Report- ...... 68,202 hrs., ...... ing and Recordkeeping Re- $4,707,776.70 quirements.
Total FERC–917 and FERC– ...... 202,349 hrs., ...... 918 (Reporting and Rec- $10,774,232.30 ordkeeping Requirements).
Comments: Comments are invited on: (1) Whether the collections of ecec.nr0.htm). The hourly rates are displayed Information Security Analyst (Occupation Code: below: 15–1122): $73.57. 4 The estimated hourly cost (salary plus benefits) Legal (Occupation Code: 23–0000): $142.25. File Clerk (Occupation Code: 43–4071): $35.83. provided in this section is based on the salary Management Analyst (Occupation Code: 13–1111): The skill sets are assumed to contribute equally, figures for March 2021 posted by the Bureau of $68.39. so the hourly cost is an average [($142.25 + $68.39 Labor Statistics for the Utilities sector and benefits Office and Administrative Support (Occupation + $44.47 + $72.15 + $73.57 + 35.83) ÷ 6 = $72.78]. based on BLS report; issued June 17, 2021 Employer Code: 43–000): $44.47. The figure is rounded to $73.00 per hour. Costs for Employee Compensation Summary 5 (available at https://www.bls.gov/news.release/ Electrical Engineer (Occupation Code: 17–2071): In the last renewal of FERC–917/918 (ICR Ref. $72.15. No. 201802–1902–002), included a $7,400,000 cost
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information is necessary for the proper future issuances of securities and Dated: July 6, 2021. performance of the functions of the assumptions of liability. Debbie-Anne A. Reese, Commission, including whether the Any person desiring to intervene or to Deputy Secretary. information will have practical utility; protest should file with the Federal [FR Doc. 2021–14762 Filed 7–9–21; 8:45 am] (2) the accuracy of the agency’s estimate Energy Regulatory Commission, 888 BILLING CODE 6717–01–P of the burden and cost of the collections First Street NE, Washington, DC 20426, of information, including the validity of in accordance with Rules 211 and 214 the methodology and assumptions used; DEPARTMENT OF ENERGY (3) ways to enhance the quality, utility of the Commission’s Rules of Practice and clarity of the information and Procedure (18 CFR 385.211 and Federal Energy Regulatory collections; and (4) ways to minimize 385.214). Anyone filing a motion to Commission the burden of the collections of intervene or protest must serve a copy information on those who are to of that document on the Applicant. [Docket No. ER21–2349–000] respond, including the use of automated Notice is hereby given that the AR Searcy Project Company, LLC; collection techniques or other forms of deadline for filing protests with regard information technology. Supplemental Notice That Initial to the applicant’s request for blanket Market-Based Rate Filing Includes Dated: July 6, 2021. authorization, under 18 CFR part 34, of Request for Blanket Section 204 Kimberly D. Bose, future issuances of securities and Authorization Secretary. assumptions of liability, is July 26, [FR Doc. 2021–14715 Filed 7–9–21; 8:45 am] 2021. This is a supplemental notice in the BILLING CODE 6717–01–P The Commission encourages above-referenced proceeding of AR electronic submission of protests and Searcy Project Company, LLC’s application for market-based rate interventions in lieu of paper, using the DEPARTMENT OF ENERGY authority, with an accompanying rate FERC Online links at http:// tariff, noting that such application Federal Energy Regulatory www.ferc.gov. To facilitate electronic includes a request for blanket Commission service, persons with internet access authorization, under 18 CFR part 34, of who will eFile a document and/or be [Docket No. ER21–2350–000] future issuances of securities and listed as a contact for an intervenor assumptions of liability. MS Sunflower Project Company, LLC; must create and validate an Any person desiring to intervene or to Supplemental Notice That Initial eRegistration account using the protest should file with the Federal Market-Based Rate Filing Includes eRegistration link. Select the eFiling Energy Regulatory Commission, 888 Request for Blanket Section 204 link to log on and submit the First Street NE, Washington, DC 20426, Authorization intervention or protests. in accordance with Rules 211 and 214 Persons unable to file electronically of the Commission’s Rules of Practice This is a supplemental notice in the and Procedure (18 CFR 385.211 and above-referenced proceeding of MS may mail similar pleadings to the 385.214). Anyone filing a motion to Sunflower Project Company, LLC’s Federal Energy Regulatory Commission, intervene or protest must serve a copy application for market-based rate 888 First Street NE, Washington, DC of that document on the Applicant. authority, with an accompanying rate 20426. Hand delivered submissions in Notice is hereby given that the tariff, noting that such application docketed proceedings should be deadline for filing protests with regard includes a request for blanket delivered to Health and Human to the applicant’s request for blanket authorization, under 18 CFR part 34, of Services, 12225 Wilkins Avenue, authorization, under 18 CFR part 34, of Rockville, Maryland 20852. future issuances of securities and for off-site storage facility for record keeping. This cost was not related to burden hours, rather an In addition to publishing the full text assumptions of liability, is July 26, annual estimate of the fees related to offsite storage. of this document in the Federal 2021. This cost has been removed as all recordkeeping is Register, the Commission provides all The Commission encourages retained electronically per 18 CFR 37.7(b) states: interested persons an opportunity to ‘‘Audit data must remain available for download on electronic submission of protests and the OASIS for 90 days, except ATC/TTC postings view and/or print the contents of this interventions in lieu of paper, using the that must remain available for download on the document via the internet through the FERC Online links at http:// OASIS for 20 days. The audit data are to be retained Commission’s Home Page (http:// www.ferc.gov. To facilitate electronic and made available upon request for download for five years from the date when they are first posted www.ferc.gov) using the ‘‘eLibrary’’ link. service, persons with internet access in the same electronic form as used when they Enter the docket number excluding the who will eFile a document and/or be originally were posted on the OASIS.’’ last three digits in the docket number listed as a contact for an intervenor 6 The increase in the number of responses 132 field to access the document. At this must create and validate an (from OMB’s currently approved inventory for eRegistration account using the FERC–917/918) to 162 is based on the increased time, the Commission has suspended number of companies subject to compliance and access to the Commission’s Public eRegistration link. Select the eFiling changes in the last few years as identified by the Reference Room, due to the link to log on and submit the NERC registry. proclamation declaring a National intervention or protests. 7 While we are using the averaged hourly rate for Persons unable to file electronically Emergency concerning the Novel the majority of the calculations, all recordkeeping may mail similar pleadings to the tasks are solely completed by a file clerk at $35.83/ Coronavirus Disease (COVID–19), issued Federal Energy Regulatory Commission, hour. by the President on March 13, 2020. For 8 As noted, above the table, the zeroes for 888 First Street NE, Washington, DC respondents and responses are based on having no assistance, contact the Federal Energy 20426. Hand delivered submissions in filings of this type over the past four years. Regulatory Commission at docketed proceedings should be 9 ATC-related standards include: Implementation [email protected] or call delivered to Health and Human by each utility (Reporting), NERC/NAESB Team to toll-free, (886) 208–3676 or TYY, (202) develop (Reporting), and Review and comment by Services, 12225 Wilkins Avenue, utility (Reporting). 502–8659. Rockville, Maryland 20852.
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In addition to publishing the full text j. Deadline for filing comments, hydraulic capacity from 18,486 cubic of this document in the Federal interventions, and protests: Deadline for feet per second (cfs) to 17,650 cfs. Register, the Commission provides all filing comments, motions to intervene, l. Locations of the Application: This interested persons an opportunity to and protests is 30 days from the filing may be viewed on the view and/or print the contents of this issuance of this notice by the Commission’s website at http:// document via the internet through the Commission. www.ferc.gov using the ‘‘eLibrary’’ link. Commission’s Home Page (http:// The Commission strongly encourages Enter the docket number excluding the www.ferc.gov) using the ‘‘eLibrary’’ link. electronic filing. Please file comments, last three digits in the docket number Enter the docket number excluding the motions to intervene, and protests using field to access the document. You may last three digits in the docket number the Commission’s eFiling system at also register online at http:// field to access the document. At this http://www.ferc.gov/docs-filing/ www.ferc.gov/docs-filing/ time, the Commission has suspended efiling.asp. Commenters can submit esubscription.asp to be notified via access to the Commission’s Public brief comments up to 6,000 characters, email of new filings and issuances Reference Room, due to the without prior registration, using the related to this or other pending projects. proclamation declaring a National eComment system at http:// For assistance, call 1–866–208–3676 or Emergency concerning the Novel www.ferc.gov/docs-filing/ email [email protected], for Coronavirus Disease (COVID–19), issued ecomment.asp. You must include your TTY, call (202) 502–8659. Agencies may by the President on March 13, 2020. For name and contact information at the end obtain copies of the application directly assistance, contact the Federal Energy of your comments. For assistance, from the applicant. please contact FERC Online Support at Regulatory Commission at m. Individuals desiring to be included [email protected], (866) [email protected] or call on the Commission’s mailing list should 208–3676 (toll free), or (202) 502–8659 toll-free, (886) 208–3676 or TYY, (202) so indicate by writing to the Secretary 502–8659. (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions of the Commission. Dated: July 6, 2021. sent via the U.S. Postal Service must be n. Comments, Protests, or Motions to Debbie-Anne A. Reese, addressed to: Kimberly D. Bose, Intervene: Anyone may submit Deputy Secretary. Secretary, Federal Energy Regulatory comments, a protest, or a motion to [FR Doc. 2021–14759 Filed 7–9–21; 8:45 am] Commission, 888 First Street NE, Room intervene in accordance with the BILLING CODE 6717–01–P 1A, Washington, DC 20426. requirements of Rules of Practice and Submissions sent via any other carrier Procedure, 18 CFR 385.210, .211, .214, must be addressed to: Kimberly D. Bose, respectively. In determining the DEPARTMENT OF ENERGY Secretary, Federal Energy Regulatory appropriate action to take, the Commission, 12225 Wilkins Avenue, Commission will consider all protests or Federal Energy Regulatory Rockville, MD 20852. The first page of other comments filed, but only those Commission any filing should include docket who file a motion to intervene in [Project No. 12758–007] number P–12758–007. Comments accordance with the Commission’s emailed to Commission staff are not Rules may become a party to the BOST5 Hydroelectric LLC; Notice of considered part of the Commission proceeding. Any comments, protests, or Application for Amendment of License, record. motions to intervene must be received Soliciting Comments, Motions To The Commission’s Rules of Practice on or before the specified comment date Intervene, and Protests and Procedure require all intervenors for the particular application. filing documents with the Commission o. Filing and Service of Documents: Take notice that the following to serve a copy of that document on Any filing must (1) bear in all capital hydroelectric application has been filed each person whose name appears on the letters the title ‘‘COMMENTS’’, with the Commission and is available official service list for the project. ‘‘PROTEST’’, or ‘‘MOTION TO for public inspection: Further, if an intervenor files comments INTERVENE’’ as applicable; (2) set forth a. Type of Proceeding: Application for or documents with the Commission in the heading the name of the applicant non-capacity amendment of license. relating to the merits of an issue that and the project number of the b. Project No.: 12758–007. may affect the responsibilities of a application to which the filing c. Date Filed: February 9, 2021, as particular resource agency, they must responds; (3) furnish the name, address, supplemented on February 22, 2021. also serve a copy of the document on and telephone number of the person d. Licensee: BOST5 Hydroelectric that resource agency. commenting, protesting or intervening; LLC. k. Description of Request: The and (4) otherwise comply with the e. Name of Project: Red River Lock licensee proposes certain design requirements of 18 CFR 385.2001 and Dam No. 5 Hydroelectric Project. changes to the project; however, the through 385.2005. All comments, f. Location: The project is located at authorized installed capacity would motions to intervene, or protests must the U.S. Army Corps of Engineers’ remain as licensed. The licensee set forth their evidentiary basis. Any (Corps) Lock and Dam No. 5, on the Red proposes to: (1) Install five 5.63- filing made by an intervenor must be River near the town of Ninock, in megawatt (MW) Kaplan bulb turbine- accompanied by proof of service on all Bossier Parish, Louisiana. generator units, instead of one 28.1–MW persons listed in the service list g. Filed Pursuant to: Federal Power unit; (2) shift the powerhouse location prepared by the Commission in this Act, 16 U.S.C. 791a–825r. approximately 300 feet, and change the proceeding, in accordance with 18 CFR h. Licensee Contact: Douglas A. footprint from 301 feet long by 90 feet 385.2010. Spaulding, P.E., Nelson Energy LLC, wide to 204 feet long by 153 feet wide; 8441 Wayzata Blvd., Suite 101, Golden (3) shift the location of the Corps’ Dated: July 6, 2021. Valley, MN 55426, (952) 544–8133. recreation facilities the licensee is Kimberly D. Bose, i. FERC Contact: Christopher Chaney, required to reconstruct from Secretary. (202) 502–6778, christopher.chaney@ downstream to upstream of the dam; [FR Doc. 2021–14718 Filed 7–9–21; 8:45 am] ferc.gov. and (4) reduce the project’s total BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY Regulatory Commission, 888 First Street Accession Number: 20210701–5038. NE, Washington, DC 20426. Hand Comments Due: 5 p.m. ET 7/13/21. Federal Energy Regulatory delivered submissions in docketed Docket Numbers: RP21–939–000. Commission proceedings should be delivered to Applicants: Algonquin Gas [Docket No. AC21–141–000] Health and Human Services, 12225 Transmission, LLC. Wilkins Avenue, Rockville, Maryland Description: § 4(d) Rate Filing: Duke Energy Florida, LLC ; Notice of 20852. Negotiated Rates—Various Releases eff Petition for Limited Waiver Comment Date: 5:00 p.m. Eastern time 7–1–2021 to be effective 7/1/2021. on July 16, 2021. Filed Date: 7/1/21. Take notice that on July 1, 2021, Accession Number: 20210701–5048. pursuant to Rule 207(a)(5) of the Federal Dated: July 6, 2021. Comments Due: 5 p.m. ET 7/13/21. Energy Regulatory Commission’s Kimberly D. Bose, (Commission) Rules and Regulations,1 Secretary. Docket Numbers: RP21–940–000. Duke Energy Florida, LLC filed a [FR Doc. 2021–14720 Filed 7–9–21; 8:45 am] Applicants: Maritimes & Northeast petition for a limited duration waiver of BILLING CODE 6717–01–P Pipeline, L.L.C. Distribution Expense Account 593, Description: § 4(d) Rate Filing: Maintenance of overhead lines (Major Negotiated Rates—Various Releases eff only) of the Commission’s Uniform DEPARTMENT OF ENERGY 7–1–2021 to be effective 7/1/2021. System of Accounts, as more fully Filed Date: 7/1/21. explained in the petition. Federal Energy Regulatory Accession Number: 20210701–5053. Any person desiring to intervene or to Commission Comments Due: 5 p.m. ET 7/13/21. protest this filing must file in Docket Numbers: RP21–941–000. accordance with Rules 211 and 214 of Combined Notice of Filings Applicants: Nautilus Pipeline the Commission’s Rules of Practice and Take notice that the Commission has Company, L.L.C. Procedure (18 CFR 385.211, 385.214). received the following Natural Gas Description: § 4(d) Rate Filing: Protests will be considered by the Pipeline Rate and Refund Report filings: Negotiated Rate—Talos ERT 630204 eff Commission in determining the Docket Numbers: RP21—934–000. 7–1–2021 to be effective 7/1/2021. appropriate action to be taken, but will Applicants: Equitrans, L.P. Filed Date: 7/1/21. not serve to make protestants parties to Description: § 4(d) Rate Filing: Accession Number: 20210701–5084. the proceeding. Any person wishing to Negotiated Rate Capacity Release Comments Due: 5 p.m. ET 7/13/21. become a party must file a notice of Agreements—7/1/2021 to be effective 7/ Docket Numbers: RP21–942–000. intervention or motion to intervene, as 1/2021. Applicants: West Texas Gas, Inc. appropriate. Such notices, motions, or Filed Date: 7/1/21. Description: Annual Purchased Gas protests must be filed on or before the Accession Number: 20210701–5000. Cost Reconciliation Report of West comment date. Anyone filing a motion Comments Due: 5 p.m. ET 7/13/21. Texas Gas, Inc. under RP21–942. to intervene or protest must serve a copy Docket Numbers: RP21–935–000. Filed Date: 7/1/21. of that document on the Petitioner. Applicants: Alliance Pipeline L.P. Accession Number: 20210701–5137. In addition to publishing the full text Comments Due: 5 p.m. ET 7/13/21. of this document in the Federal Description: § 4(d) Rate Filing: Negotiated Rates—Various July 1 Docket Numbers: RP21–943–000. Register, the Commission provides all Applicants: NEXUS Gas interested persons an opportunity to Capacity Releases to be effective 7/1/ 2021. Transmission, LLC. view and/or print the contents of this Description: § 4(d) Rate Filing: document via the internet through the Filed Date: 7/1/21. Accession Number: 20210701–5001. Negotiated Rates—Various Releases eff Commission’s Home Page (http:// Comments Due: 5 p.m. ET 7/13/21. 07–01–2021 to be effective 7/1/2021. www.ferc.gov) using the ‘‘eLibrary’’ link. Filed Date: 7/1/21. Enter the docket number excluding the Docket Numbers: RP21–936–000. Applicants: Rover Pipeline LLC. Accession Number: 20210701–5138. last three digits in the docket number Comments Due: 5 p.m. ET 7/13/21. field to access the document. At this Description: § 4(d) Rate Filing: time, the Commission has suspended Summary of Negotiated Rate Capacity Docket Numbers: RP21–944–000. Applicants: Texas Eastern access to the Commission’s Public Release Agreements on 7–1–21 to be Transmission, LP. Reference Room, due to the effective 7/1/2021. Description: § 4(d) Rate Filing: proclamation declaring a National Filed Date: 7/1/21. Negotiated Rates—Release eff 07–01– Emergency concerning the Novel Accession Number: 20210701–5009. 2021 to be effective 7/1/2021. Coronavirus Disease (COVID–19), issued Comments Due: 5 p.m. ET 7/13/21. Filed Date: 7/1/21. by the President on March 13, 2020. For Docket Numbers: RP21–937–000. Accession Number: 20210701–5141. assistance, contact the Federal Energy Applicants: Sea Robin Pipeline Comments Due: 5 p.m. ET 7/13/21. Regulatory Commission at Company, LLC. [email protected] or call Description: § 4(d) Rate Filing: Update Docket Numbers: RP21–945–000. toll-free, (886) 208–3676 or TYY, (202) Flowthrough Crediting Mechanism to be Applicants: Pine Needle LNG 502–8659. effective 8/1/2021. Company, LLC. The Commission strongly encourages Filed Date: 7/1/21. Description: § 4(d) Rate Filing: Clean- _ _ electronic filings of comments, protests Accession Number: 20210701–5023. Up Filing 2021 Title Page to be and interventions in lieu of paper using Comments Due: 5 p.m. ET 7/13/21. effective 8/1/2021. the ‘‘eFiling’’ link at http:// Docket Numbers: RP21–938–000. Filed Date: 7/1/21. www.ferc.gov. Persons unable to file Applicants: WTG Hugoton, LP. Accession Number: 20210701–5165. electronically may mail similar Description: § 4(d) Rate Filing: Annual Comments Due: 5 p.m. ET 7/13/21. pleadings to the Federal Energy Fuel Retention Percentage Filing 2021– Docket Numbers: RP21–946–000. 2022 to be effective 8/1/2021. Applicants: El Paso Natural Gas 1 18 CFR 385.207(a)(2) (2020). Filed Date: 7/1/21. Company, L.L.C.
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Description: § 4(d) Rate Filing: eFiling is encouraged. More detailed Additional instructions on Negotiated Rate Agreements Update information relating to filing commenting or visiting the docket, (Devon) to be effective 7/1/2021. requirements, interventions, protests, along with more information about Filed Date: 7/1/21. service, and qualifying facilities filings dockets generally, is available at http:// Accession Number: 20210701–5166. can be found at: http://www.ferc.gov/ www.epa.gov/dockets. Comments Due: 5 p.m. ET 7/13/21. docs-filing/efiling/filing-req.pdf. For Additional instructions on Docket Numbers: RP21–947–000. other information, call (866) 208–3676 commenting or visiting the docket, Applicants: Transcontinental Gas (toll free). For TTY, call (202) 502–8659. along with more information about Pipe Line Company, LLC. Dated: July 6, 2021. dockets generally, are available at http:// www.epa.gov/dockets. Description: § 4(d) Rate Filing: Clean- Debbie-Anne A. Reese, _ _ Due to the public health concerns Up Filing 2021 Title Page to be Deputy Secretary. effective 8/1/2021. related to COVID–19, the EPA Docket [FR Doc. 2021–14761 Filed 7–9–21; 8:45 am] Filed Date: 7/1/21. Center (EPA/DC) and Reading Room are BILLING CODE 6717–01–P Accession Number: 20210701–5168. closed to public visitors with limited Comments Due: 5 p.m. ET 7/13/21. exceptions. The staff continues to provide remote customer service via Docket Numbers: RP21–948–000. ENVIRONMENTAL PROTECTION email, phone, and webform. For the Applicants: Transcontinental Gas AGENCY latest status information on EPA/DC Pipe Line Company, LLC. services and docket access, visit https:// Description: § 4(d) Rate Filing: Clean- [EPA–HQ–OPP–2021–0409; FRL–8657–01– www.epa.gov/dockets. Up Filing_2021_Title Page to be OCSPP] effective 8/1/2021. FOR FURTHER INFORMATION CONTACT: Filed Date: 7/1/21. Petition To Cancel Seresto Rachel Fletcher, Pesticide Re-evaluation Accession Number: 20210701–5169. Registration; Notice of Availability Division (7508P), Office of Pesticide Comments Due: 5 p.m. ET 7/13/21. Programs, Environmental Protection AGENCY: Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Docket Numbers: RP21–949–000. Agency (EPA). Washington, DC 20460–0001; telephone Applicants: LA Storage, LLC. ACTION: Notice. number: (703) 347–0512; fax number: Description: § 4(d) Rate Filing: Filing (703) 308–8090; email address: of Negotiated Rate, Conforming IW SUMMARY: EPA seeks public comment on [email protected]. Agreements 7.1.21 to be effective 7/1/ a April 8, 2021 petition from the Center SUPPLEMENTARY INFORMATION: 2021. for Biological Diversity (CBD) requesting Filed Date: 7/1/21. that the Agency cancel the registration I. General Information Accession Number: 20210701–5174. of insecticide product PNR1427, more A. Does this action apply to me? Comments Due: 5 p.m. ET 7/13/21. commonly known by its brand name Docket Numbers: RP21–950–000. Seresto (EPA Registration No. 11556– This action is directed to the public Applicants: Gulf South Pipeline 155), pursuant to Federal Insecticide, in general and may be of interest to Company, LLC. Fungicide, and Rodenticide Act those involved with pesticide Description: § 4(d) Rate Filing: Cap (FIFRA), and pending such requested manufacture, sale, or use; to a member Rel Neg Rate Agmts (Marathon 51753 to cancellation, to suspend Seresto’s or affiliate of a veterinarian interest Spire 54175) to be effective 7/1/2021. registration pursuant to FIFRA. A copy group, an animal welfare interest group, Filed Date: 7/1/21. of the petition is available at an environmental interest group, or a Accession Number: 20210701–5207. regulations.gov in docket ID EPA–HQ– public health interest group; to federal, Comments Due: 5 p.m. ET 7/13/21. OPP–2021–0409. state, or local regulatory partners; or to a member of the general public Docket Numbers: RP21–951–000. DATES: Comments, identified by docket interested in the manufacture, sale, or Applicants: Tennessee Gas Pipeline identification (ID) number EPA–HQ– use of pesticides (including pet Company, LLC. OPP–2021–0409, must be received on or medications). Given the broad interest, Description: § 4(d) Rate Filing: before September 10, 2021. the Agency has not attempted to Volume No. 2—McGlobal Gas ADDRESSES: Submit your comments, identify or describe all the specific Corporation SP331391 & SP326294 to be identified by docket identification (ID) entities that may be affected by this effective 8/1/2021. number EPA–HQ–OPP–2021–0409 by action. Filed Date: 7/1/21. one of the following methods: The following list of North American Accession Number: 20210701–5258. • Federal eRulemaking Portal: http:// Industry Classification System (NAICS) Comments Due: 5 p.m. ET 7/13/21. www.regulations.gov. Follow the online codes is not intended to be exhaustive, The filings are accessible in the instructions for submitting comments. but rather provides a guide to help Commission’s eLibrary system (https:// Do not submit electronically any readers determine whether this elibrary.ferc.gov/idmws/search/ information you consider to be document applies to them. Potentially fercgensearch.asp) by querying the Confidential Business Information (CBI) affected entities may include: docket number. or other information whose disclosure is • Pesticide and Other Agricultural Any person desiring to intervene or restricted by statute. Chemical Manufacturing (NAICS code protest in any of the above proceedings • Mail: OPP Docket, Environmental 325320). must file in accordance with Rules 211 Protection Agency Docket Center (EPA/ • Pet and Pet Supplies Stores (NAICS and 214 of the Commission’s DC) (28221T), 1200 Pennsylvania Ave. code 453910). Regulations (18 CFR 385.211 and NW, Washington, DC 20460–0001. • Pet Care (except Veterinary) 385.214) on or before 5:00 p.m. Eastern • Hand Delivery: To make special Services (NAICS code 812910). time on the specified comment date. arrangements for hand delivery or • Veterinarians’ medicines merchant Protests may be considered, but delivery of boxed information, please wholesalers (NAICS code 424210). intervention is necessary to become a follow the instructions at http:// • Veterinary Services (NAICS code party to the proceeding. www.epa.gov/dockets/contacts.html. 541940).
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B. What should I consider as I prepare The docket for this action, identified briefings by the 911 Strike Force my comments for EPA? by docket identification (ID) number working groups. This agenda may be 1. Submitting CBI. Do not submit this EPA–HQ–OPP–2021–0409 is available modified at the discretion of the 911 information to EPA through at http://www.regulations.gov or at the Strike Force Chair and the Designated regulations.gov or email. Clearly mark Office of Pesticide Programs Regulatory Federal Officer. The August 2, 2021, the part or all of the information that Public Docket (OPP Docket) in the meeting will be held in a wholly you claim to be CBI. For CBI Environmental Protection Agency electronic format to accommodate information in a disk or CD–ROM that Docket Center (EPA/DC), EPA West continuing public health precautions you mail to EPA, mark the outside of the Bldg., Rm. 3334, 1301 Constitution Ave. related to the coronavirus (COVID–19) disk or CD–ROM as CBI and then NW, Washington, DC 20460–0001. pandemic. identify electronically within the disk or Please note that due to the public health The August 2, 2021, meeting will be CD–ROM the specific information that emergency the EPA Docket Center (EPA/ open to members of the general public is claimed as CBI. In addition to the DC) and Reading Room was closed to via live broadcast over the internet from complete version of the comment that public visitors on March 31, 2020. Our the FCC Live web page at http:// includes information claimed as CBI, a EPA/DC staff will continue to provide www.fcc.gov/live/. The public may also copy of the comment that does not customer service via email, phone, and follow the meeting on Twitter @fcc or contain the information claimed as CBI webform. For further information on via the Commission’s Facebook page at must be submitted for inclusion in the EPA/DC services, docket contact www.facebook.com/fcc. Members of the public docket. Information so marked information and the current status of the public may submit any questions that will not be disclosed except in EPA/DC and Reading Room, please visit arise during the meeting to accordance with procedures set forth in https://www.epa.gov/dockets. [email protected]. 40 CFR part 2. Authority: 7 U.S.C. 136 et seq. Open captioning will be provided for 2. Tips for preparing your comments. the live stream. Other reasonable Dated: July 6, 2021. accommodations for people with When preparing and submitting your Mary Reaves, comments, see the commenting tips at disabilities are available upon request. Director, Pesticide Re-Evaluation Division, To request an accommodation, or for http://www.epa.gov/dockets/ Office of Pesticide Programs. comments.html. materials in accessible formats for [FR Doc. 2021–14677 Filed 7–9–21; 8:45 am] people with disabilities (Braille, large C. How can I get copies of this BILLING CODE 6560–50–P print, electronic files, audio format), document and other related send an email to [email protected] or call information? the Consumer and Governmental Affairs A copy of the CBD’s Petition, ‘‘Re: FEDERAL COMMUNICATIONS Bureau at (202) 418–0530 (voice), (202) Petition to Cancel Registration of COMMISSION 418–0432 (TTY). Such requests should include a detailed description of the PNR1427 (Brand Name Seresto) under [FRS 36948] the Federal Insecticide, Fungicide, and accommodation needed. In addition, Rodenticide Act; Reg. No. 11556–155’’, Ending 9–1–1 Fee Diversion Now please include a way for the is available in the docket under docket Strike Force Meeting Commission to contact the requester if identification (ID) number EPA–HQ– more information is needed to fulfill the AGENCY: Federal Communications OPP–2021–0409. request. Please allow at least five days’ Commission. advance notice; last-minute requests II. What does this action do? ACTION: Notice. will be accepted but may not be possible EPA seeks public comment during the to accommodate. SUMMARY: In accordance with the next 60 days on a petition received from Federal Advisory Committee Act, the Federal Communications Commission. the CBD requesting that the Agency Federal Communications Commission Marlene Dortch, cancel the Seresto registration, and to (Commission) announces and provides a Secretary. suspend Seresto’s registration pending preliminary agenda for the second [FR Doc. 2021–14727 Filed 7–9–21; 8:45 am] such requested cancellation. The meeting of the ‘‘Ending 9–1–1 Fee BILLING CODE 6712–01–P petition was submitted under the Diversion Now Strike Force’’ (911 Strike Administrative Procedure Act (APA), 5 Force). U.S.C. 553(e). The petition argues that DATES: Monday, August 2, 2021, FEDERAL COMMUNICATIONS Seresto must be cancelled because it COMMISSION poses an unreasonable risk to human beginning at 10 a.m. EDT. health, pets, and the environment. The ADDRESSES: Federal Communications [OMB 3060–1095; FR ID 36589] petition states that, ‘‘according to a Commission, 45 L Street NE, Information Collection Being Reviewed recent aggregate incident summary Washington, DC 20554. by the Federal Communications report, since this product was FOR FURTHER INFORMATION CONTACT: John Commission Under Delegated introduced in 2012, EPA has received A. Evanoff, Designated Federal Officer, Authority over 75,000 adverse incident reports, Federal Communications Commission, including at least 1,698 reports linking Public Safety and Homeland Security AGENCY: Federal Communications the use of this product to pet deaths and Bureau, (202) 418–0848; or Jill Coogan, Commission. Deputy Designated Federal Officer, at least 700 involving human harm.’’ ACTION: Notice and request for CBD asserts that the incidents pose Federal Communications Commission, comments. unreasonable adverse effects under Public Safety and Homeland Security FIFRA, and that ‘‘cancellation of this Bureau, (202) 418–1499; or email: SUMMARY: As part of its continuing effort product is not only warranted but [email protected]. to reduce paperwork burdens, and as essential for protecting public health, SUPPLEMENTARY INFORMATION: required by the Paperwork Reduction consumers, imperiled wildlife, and Proposed Agenda: The agenda for the Act of 1995 (PRA), the Federal companion animals.’’ August 2, 2021, meeting will consist of Communications Commission (FCC or
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Commission) invites the general public Title: Surrenders of Authorizations for Without this collection of and other Federal agencies to take this International Carrier, Space Station and information, licensees would be opportunity to comment on the Earth Station Licensees. required to submit surrenders of following information collection(s). Form No.: N/A. authorizations to the Commission by Comments are requested concerning: Type of Review: Extension of a letter which is more time consuming Whether the proposed collection of currently approved collection. than submitting such requests to the information is necessary for the proper Respondents: Business or other for- Commission electronically. In addition, performance of the functions of the profit entities. Commission staff would spend an Commission, including whether the Number of Respondents: 8 extensive amount of time processing information shall have practical utility; respondents; 8 responses. surrenders of authorizations received by the accuracy of the Commission’s Estimated Time per Response: 1 hour. letter. The collection of information burden estimate; ways to enhance the Frequency of Response: On occasion saves time for both licensees and quality, utility, and clarity of the reporting requirement. Commission staff since they are information collected; ways to minimize Obligation to Respond: Voluntary. received in IBFS electronically and the burden of the collection of The statutory authority for this include only the information that is information on the respondents, information collection is contained in essential to process the requests in a including the use of automated Sections 4(i), 7(a), 11, 303(c), 303(f), timely manner. Furthermore, the E- collection techniques or other forms of 303(g), and 303(r) of the filing module expedites the Commission information technology; and ways to Communications Act of 1934, as staff’s announcement of surrenders of further reduce the information amended; 47 U.S.C. 154(i), 157(a), 161, authorizations via Public Notice. collection burden on small business 303(c), 303(f), 303(g), and 303(r). Federal Communications Commission. Total Annual Burden: 8 hours. concerns with fewer than 25 employees. Marlene Dortch, The FCC may not conduct or sponsor Annual Cost Burden: None. a collection of information unless it Privacy Act Impact Assessment: No Secretary. displays a currently valid Office of impact(s). [FR Doc. 2021–14725 Filed 7–9–21; 8:45 am] Management and Budget (OMB) control Nature and Extent of Confidentiality: BILLING CODE 6712–01–P number. No person shall be subject to In general, there is no need for any penalty for failing to comply with confidentiality with is collection of FEDERAL COMMUNICATIONS a collection of information subject to the information. COMMISSION PRA that does not display a valid OMB Needs and Uses: This collection will be submitted to the Office of control number. [FR ID 37205] DATES: Written comments should be Management and Budget (OMB) as an submitted on or before September 10, extension after this 60-day comment Open Commission Meeting, Tuesday, 2021. If you anticipate that you will be period has ended in order to obtain the July 13, 2021 submitting comments but find it full three-year clearance from OMB. difficult to do so within the period of There are no changes in the number of July 6, 2021. time allowed by this notice, you should respondents, responses, annual burden The Federal Communications advise the contacts below as soon as hours and total annual costs. Commission will hold an Open Meeting possible. Licensees file surrenders of on the subjects listed below on Tuesday authorizations with the Commission on July 13, 2021, which is scheduled to ADDRESSES: Direct all PRA comments to a voluntary basis. This information is commence at 10:30 a.m. Cathy Williams, FCC, via email to PRA@ used by Commission staff to issue Due to the current COVID–19 fcc.gov and to [email protected]. Public Notices to announce the pandemic and related agency telework FOR FURTHER INFORMATION CONTACT: For surrenders of authorization to the and headquarters access policies, this additional information about the general public. The Commission’s meeting will be in a wholly electronic information collection, contact Cathy release of Public Notices is critical to format and will be open to the public on Williams at (202) 418–2918. keeping the general public abreast of the the internet via live feed from the FCC’s SUPPLEMENTARY INFORMATION: licensees’ discontinuance of web page at www.fcc.gov/live and on the OMB Control No.: 3060–1095. telecommunications services. FCC’s YouTube channel.
Item No. Bureau Subject
1 ...... WIRELINE COMPETITION ...... TITLE: Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs (WC Docket No. 18–89). SUMMARY: The Commission will consider a Third Report and Order that would amend the rules for the Secure and Trusted Communications Networks Reim- bursement Program consistent with modifications adopted by Congress in the Consolidated Appropriations Act, 2021. The item would also clarify certain as- pects of the Reimbursement Program. 2 ...... OFFICE OF ENGINEERING AND TECH- TITLE: Amendment of Section 15.255 of the Commission’s Rules (ET Docket No. NOLOGY. 21–264). SUMMARY: The Commission will consider a Notice of Proposed Rulemaking pro- posing revisions to Section 15.255 of the rules governing short range radar op- erations in the 64–71 GHz frequency band. 3 ...... MEDIA ...... TITLE: Updating Broadcast Radio Technical Rules (MB Docket No. 21–263). SUMMARY: The Commission will consider a Notice of Proposed Rulemaking to eliminate or amend outmoded or unnecessary broadcast technical rules.
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Item No. Bureau Subject
4 ...... INTERNATIONAL ...... TITLE: Mandatory Electronic Filing of Section 325(c) Applications, International Broadcast Applications, and Dominant Carrier Section 63.10(c) Quarterly Re- ports (IB Docket No. 21–265). SUMMARY: The Commission will consider an Order that would amend rules to re- quire the remaining applications and reports to be filed electronically in the Inter- national Bureau Filing System (IBFS) and eliminate duplicative paper filing re- quirements. 5 ...... ENFORCEMENT ...... TITLE: Enforcement Bureau Action. SUMMARY: The Commission will consider an enforcement action. 6 ...... WIRELESS TELE-COMMUNICATIONS .. TITLE: Promoting Technological Solutions to Combat Contraband Wireless Device Use in Correctional Facilities (GN Docket No. 13–111). SUMMARY: The Commission will consider a Second Report and Order taking steps to combat contraband wireless devices in correctional facilities and Sec- ond Further Notice of Proposed Rulemaking seeking comment on additional technological solutions to combat contraband device usage in correctional facili- ties.
* * * * * Draft Advisory Opinion 2021–06: and healthcare financing, who are The meeting will be webcast with Representative Robin Kelly and the selected by the Secretary of the U.S. open captioning at: www.fcc.gov/live. Democratic Party of Illinois Department of Health and Human Open captioning will be provided as Draft Advisory Opinion 2021–07: PAC Services (HHS). well as a text only version on the FCC Management Services LLC DATES: Nominations for membership on website. Other reasonable (‘‘PACMS’’) the CHACHSPT must be received no accommodations for people with Management and Administrative later than August 31, 2021. Packages disabilities are available upon request. Matters received after this time will not be In your request, include a description of CONTACT PERSON FOR MORE INFORMATION: considered for the current membership the accommodation you will need and Judith Ingram, Press Officer, Telephone: cycle. a way we can contact you if we need (202) 694–1220. ADDRESSES: All nominations should be more information. Last minute requests Authority: Government in the Sunshine electronically mailed to nchhstppolicy@ will be accepted but may be impossible Act, 5 U.S.C. 552b. cdc.gov. to fill. Send an email to: [email protected] FOR FURTHER INFORMATION CONTACT: or call the Consumer & Governmental Laura E. Sinram, Staci Morris, M.S., Committee Affairs Bureau at 202–418–0530. Acting Secretary and Clerk of the Management Specialist, National Center Additional information concerning Commission. for HIV/AIDS, Viral Hepatitis, STD, and this meeting may be obtained from the [FR Doc. 2021–14899 Filed 7–8–21; 4:15 pm] TB Prevention, CDC, Atlanta, Georgia Office of Media Relations, (202) 418– BILLING CODE 6715–01–P 30329–4027; Telephone: (404) 718– 0500. Audio/Video coverage of the 7479; [email protected]. meeting will be broadcast live with SUPPLEMENTARY INFORMATION: The open captioning over the internet from DEPARTMENT OF HEALTH AND Secretary of HHS, and by delegation, the the FCC Live web page at www.fcc.gov/ HUMAN SERVICES CDC Director and the HRSA live. Administrator, are authorized by the Federal Communications Commission. Centers for Disease Control and PHS Act to: (1) Conduct, encourage, Marlene Dortch, Prevention cooperate with, and assist other Secretary. Solicitation of Nominations for appropriate public health authorities, [FR Doc. 2021–14723 Filed 7–9–21; 8:45 am] Appointment to the CDC/HRSA scientific institutions, and scientists in BILLING CODE 6712–01–P Advisory Committee on HIV, Viral the conduct of research, investigations, Hepatitis and STD Prevention and experiments, demonstrations, and Treatment (CHACHSPT) studies related to the cases, diagnosis, treatment, control, and prevention of FEDERAL ELECTION COMMISSION ACTION: Notice. physical and mental diseases, and other impairments; (2) assist states and their Sunshine Act Meeting SUMMARY: The Centers for Disease political subdivisions in preventing, TIME AND DATE: Thursday, July 15, 2021 Control and Prevention (CDC) is seeking suppressing, and treating communicable at 10:00 a.m. nominations for membership on the diseases and other preventable CDC/HRSA Advisory Committee on conditions and in promoting health and PLACE: Virtual meeting. Note: because HIV, Viral Hepatitis and STD Prevention well-being; (3) assist public and non- of the covid-19 pandemic, we will and Treatment (CHACHSPT). The profit private entities in preventing, conduct the open meeting virtually. If CHACHSPT consists of 18 experts in controlling and treating sexually you would like to access the meeting, fields associated with public health; transmitted diseases (STDs), including see the instructions below. epidemiology; laboratory practice; the Human Immunodeficiency Virus STATUS: This meeting will be open to immunology; infectious diseases; drug (HIV); (4) improve health and achieve the public. To access the virtual abuse; behavioral science; health health equity through access to quality meeting, go to the commission’s website education; healthcare delivery; state services and a skilled health workforce www.fec.gov and click on the banner to health programs; clinical care; and innovative programs; (5) support be taken to the meeting page. preventive health; medical education; healthcare services to persons living MATTERS TO BE CONSIDERED: health services and clinical research; with or at risk for HIV, viral hepatitis,
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and other STDs; and (6) advance the objectives. The U.S. Department of (Candidates may submit letters(s) education of health professionals and Health and Human Services policy from current HHS employees if they the public from HIV, viral hepatitis, and stipulates that committee membership wish, but at least one letter must be other STDs. be balanced in terms of points of view submitted by a person not employed by The CDC/HRSA Advisory Committee represented, and the committee’s an HHS agency (e.g., CDC, NIH, FDA, on HIV and STD Prevention and function. Appointments shall be made etc.). Treatment meets at least two times each without discrimination on the basis of D A biographical sketch of the calendar year, or at the discretion of the age, race, ethnicity, gender, sexual nominee (500 words or fewer). Designated Federal Officer in orientation, gender identity, HIV status, D A letter of interest or personal consultation with the CHACHSPT co- disability, and cultural, religious, or statement from the nominee stating how chairs. socioeconomic status. Nominees must their expertise would inform the work The CDC/HRSA Advisory Committee be U.S. citizens, and cannot be full-time of CHACHSPT. on HIV and STD Prevention and employees of the U.S. Government. Nominations may be submitted Treatment shall advise the Director, Current participation on federal directly by the individual seeking CDC, and the Administrator, HRSA, workgroups or prior experience serving nomination or by the person/ regarding objectives, strategies, policies, on a federal advisory committee does organization recommending the and priorities for HIV, viral hepatitis, not disqualify a candidate; however, candidate. and other STD prevention and treatment HHS policy is to avoid excessive The Director, Strategic Business efforts, including surveillance of HIV individual service on advisory Initiatives Unit, Office of the Chief infection, Acquired Immunodeficiency committees and multiple committee Operating Officer, Centers for Disease Syndrome (AIDS), viral hepatitis, other memberships. Committee members are Control and Prevention, has been STDs, and related behaviors; Special Government Employees (SGEs), delegated the authority to sign Federal epidemiologic, behavioral, health requiring the filing of financial Register notices pertaining to services, and laboratory research on disclosure reports at the beginning and announcements of meetings and other HIV, viral hepatitis, and other STDs; annually during their terms. Individuals committee management activities, for identification of policy issues related to who are selected for appointment will both the Centers for Disease Control and HIV/viral hepatitis/STD professional be required to provide detailed Prevention and the Agency for Toxic education, patient healthcare delivery, information regarding their financial Substances and Disease Registry. and prevention services; agency policies interests and, for example, any work about prevention of HIV, viral hepatitis Kalwant Smagh, they do for the federal government Director, Strategic Business Initiatives Unit, and other STDs, treatment, healthcare through research grants or contracts. delivery, and research and training; Office of the Chief Operating Officer, Centers Disclosure of this information is for Disease Control and Prevention. strategic issues influencing the ability of required in order for CDC ethics officials CDC and HRSA to fulfill their missions [FR Doc. 2021–14686 Filed 7–9–21; 8:45 am] to determine whether there is a conflict of providing prevention and treatment BILLING CODE 4163–18–P between the SGE’s public duties as services; programmatic efforts to members of CHACHSPT and their prevent and treat HIV, viral hepatitis, private interests, including an DEPARTMENT OF HEALTH AND and other STDs; and support to the appearance of a loss of impartiality as HUMAN SERVICES agencies in their development of defined by federal laws and regulations, responses to emerging health needs and to identify any required remedial Centers for Disease Control and related to HIV, viral hepatitis and other action needed to address the potential Prevention STDs. Nominations are being sought for conflict. CDC reviews potential [60Day–21–21GH; Docket No. CDC–2021– individuals who have expertise and candidates for CHACHSPT membership 0065] qualifications necessary to contribute to when a vacancy arises and provides a Proposed Data Collection Submitted the accomplishments of the committee’s slate of nominees for consideration to for Public Comment and objectives. Nominees will be selected the Secretary of HHS for final selection. based on expertise in the fields of public HHS notifies selected candidates of Recommendations their appointment near the start of the health; epidemiology; laboratory AGENCY: Centers for Disease Control and practice; immunology; infectious term in December 1, 2021, or as soon as Prevention (CDC), Department of Health diseases; drug abuse; behavioral science; the HHS selection process has been and Human Services (HHS). completed. Note that the need for health education; healthcare delivery; ACTION: Notice with comment period. state health programs; clinical care; different expertise varies from year to preventive health; medical education; year and a candidate who is not selected SUMMARY: The Centers for Disease health services and clinical research; for an open position may be Control and Prevention (CDC), as part of and healthcare financing. The reconsidered for a subsequent open its continuing effort to reduce public Committee shall also include position. SGE nominees must be U.S. burden and maximize the utility of representation of persons with HIV and citizens, and cannot be full-time government information, invites the other affected populations; state and employees of the U.S. Government. general public and other Federal local health and education agencies; Candidates should submit the following agencies the opportunity to comment on HIV/viral hepatitis/STD community- items: a proposed and/or continuing based organizations; and the ethics or D Current curriculum vitae or resume, information collection, as required by faith-based community. Federal including complete contact information the Paperwork Reduction Act of 1995. employees will not be considered for (telephone numbers, mailing address, This notice invites comment on a membership. Members may be invited email address). proposed information collection project to serve for up to four-year terms. D At least one letter of titled Using Real-time Prescription and Selection of members is based on recommendation from person(s) not Insurance Claims Data to Support the candidates’ qualifications to contribute employed by the U.S. Department of HIV Care Continuum. This proposed to the accomplishment of CHACHSPT Health and Human Services. collection will collect data to evaluate
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the efficacy of using administrative proposed collection of information, claims data to identify; (1) persons with insurance and prescription claims including the validity of the HIV who have never been prescribed (billing) data to identify and intervene methodology and assumptions used; ARV therapy, and (2) persons with HIV upon persons with HIV who fail to fill 3. Enhance the quality, utility, and who fail to pick up prescribed ARV antiretroviral (ARV) prescriptions. clarity of the information to be medications in a timely manner, and to DATES: CDC must receive written collected; target these individuals for adherence comments on or before September 10, 4. Minimize the burden of the interventions. 2021. collection of information on those who A validated HIV case identification are to respond, including through the algorithm will be applied to the Virginia ADDRESSES: You may submit comments, use of appropriate automated, Medicaid database to identify persons identified by Docket No. CDC–2021– electronic, mechanical, or other with HIV who have either never filled 0065 by any of the following methods: technological collection techniques or an ARV prescription or have not filled • Federal eRulemaking Portal: other forms of information technology, an ARV prescription within >30 to <90 Regulations.gov. Follow the instructions e.g., permitting electronic submissions days of the expected fill date. for submitting comments. of responses; and Deterministic and probabilistic methods • Mail: Jeffrey M. Zirger, Information 5. Assess information collection costs. will be used to link this list to the Collection Review Office, Centers for Virginia Department of Health’s (VDH) Disease Control and Prevention, 1600 Proposed Project Care Markers database (an extract of the Clifton Road NE, MS–D74, Atlanta, Using Real-time Prescription and VDH HIV surveillance database). Georgia 30329. Insurance Claims Data to Support the Individuals that are matched across the Instructions: All submissions received HIV Care Continuum—New—National two databases (indicating that the must include the agency name and Center for HIV/AIDS, Viral Hepatitis, persons are both enrolled in Medicaid Docket Number. CDC will post, without STD and TB Prevention (NCHHSTP), and confirmed HIV positive) are eligible change, all relevant comments to Centers for Disease Control and for study participation. Additional Regulations.gov. Prevention (CDC). eligibility criteria include age 19–63 Please note: Submit all comments years and continuous enrollment in through the Federal eRulemaking portal Background and Brief Description Virginia Medicaid for the preceding 12 (regulations.gov) or by U.S. mail to the Use of HIV surveillance data to months. address listed above. identify out-of-care persons is one Cluster randomization will occur at FOR FURTHER INFORMATION CONTACT: To strategy for identifying and re-engaging the healthcare provider level and will be request more information on the out-of-care persons, and is called Data- conducted concurrently with the initial proposed project or to obtain a copy of to-Care or ‘‘D2C.’’ Data-to-Care uses potential participant screening. the information collection plan and laboratory reports (i.e., CD4 and HIV Providers will be randomized to either instruments, contact Jeffrey M. Zirger, viral load test results) received by a the intervention arm or to the usual care Information Collection Review Office, health department’s HIV surveillance arm (i.e., no intervention or control Centers for Disease Control and program as markers of HIV care. In the arm). Study participants are the patients Prevention, 1600 Clifton Road NE, MS– current D2C model, there is a delay in of the randomized healthcare providers. D74, Atlanta, Georgia 30329; phone: the identification of out-of-care persons Participants in the intervention arm will 404–639–7118; Email: [email protected]. due to the time interval between be delegated to either a patient-level or SUPPLEMENTARY INFORMATION: Under the recommended monitoring tests (i.e., provider-level intervention, depending Paperwork Reduction Act of 1995 (PRA) every three to six months) and the on need; participants who are >30 to (44 U.S.C. 3501–3520), Federal agencies subsequent reporting of these tests to <90 days late filling their ARV must obtain approval from the Office of surveillance. prescription(s) will receive the patient- Management and Budget (OMB) for each Insurance and prescription level intervention, and participants who collection of information they conduct administrative claims (billing) data can have never filled an ARV prescription or sponsor. In addition, the PRA also be used to identify persons who fail to will be delegated to the provider-level requires Federal agencies to provide a fill antiretroviral (ARV) prescriptions intervention. Participants of the 60-day notice in the Federal Register and who are at risk for falling out of provider-level intervention will not concerning each proposed collection of care. Because most ARVs are prescribed receive direct intervention. Instead, the information, including each new as a 30-day supply of medication, healthcare providers of these patients proposed collection, each proposed prescription claims can be used to (‘‘provider participants’’) will receive extension of existing collection of identify persons who are not filling ARV the provider-level intervention. information, and each reinstatement of prescriptions on a monthly basis. Potential participants will be contacted previously approved information Tracking ARV refill data can, therefore, by a study Linkage Coordinator to collection before submitting the be a more real-time indicator of poor explain the study and obtain consent for collection to the OMB for approval. To adherence and can act as a harbinger of participation. comply with this requirement, we are potential poor retention in care. Using The patient-level intervention has two publishing this notice of a proposed real time insurance and prescription phases. Phase I is intended for patients data collection as described below. claims data to identify persons who fail who are >30 to <60 days late filling their The OMB is particularly interested in to fill ARV prescriptions, and to ARV prescription(s). In Phase I, a comments that will help: intervene, could have a significant Linkage Coordinator will contact 1. Evaluate whether the proposed impact on ARV therapy adherence, viral participants to discuss the participants’ collection of information is necessary suppression and potentially on adherence barriers. Once the for the proper performance of the retention in care. participant’s adherence barriers are functions of the agency, including The purpose of the Antiretroviral identified, the participant will be whether the information will have Improvement among Medicaid Enrollees referred to appropriate resources to practical utility; (AIMS) study is to develop, implement assist them in overcoming their 2. Evaluate the accuracy of the and evaluate a D2C strategy that uses adherence barrier(s). Phase II is agency’s estimate of the burden of the Medicaid insurance and prescription intended for patients who were enrolled
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in Phase I but who failed to fill their peer-to-peer clinician consultations will intervention and 40 participants of the ARV prescriptions in the subsequent 30 involve introduction or reinforcement of provider-level intervention) and 500 days of the Phase I consultation, and for HIV clinical guidelines for ART controls over the three-year project participants who are >60 to <90 days initiation, strategies to optimize ART period. Secondary data will be late at the time the participant was adherence, and resources for supporting abstracted from the Virginia Medicaid determined to be study eligible. In adherence for people with HIV. The and Virginia Care Markers databases to Phase II, the Linkage Coordinator will consultation will be tailored to the determine study eligibility, to conduct lead a similar consultation as in Phase needs of the provider participant. the patient- and provider-level I, but will probe for more complex All analyses will be conducted at the interventions, and to determine study adherence barriers (e.g., mental health patient level. Persons within the outcomes. During the patient-level concerns) and referrals will be made intervention arm will be followed intervention, data will be collected on accordingly. The participant will also be prospectively for 12 months. At the end participants’ adherence barriers; this offered an evidence-informed mobile of the intervention arm follow-up information will be used to refer period, persons within the usual care application (‘‘app’’) which is designed participants to appropriate resources to arm will be followed retrospectively for to support ART adherence and retention assist their adherence to ART. During in care. 12 months. The primary study outcome the provider-level intervention data will The provider-level intervention will of HIV viral suppression (HIV RNA be collected to inform the peer-to-peer consist of a peer-to-peer clinician <200 copies/mL) will be compared clinician consultation. consultation delivered by clinicians between study arms. from the Virginia Department of CDC requests OMB approval to collect CDC requests OMB approval for an Health’s Advisory Committee to the standardized information from 500 estimated 687 burden hours annually. Virginia Medication Assistance Program AIMS study participants (460 There are no costs to respondents other or by another HIV clinical expert. The participants of the patient-level than their time to participate.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Total burden Type of respondent Form name respondents responses per response hours respondent (in hours)
Participants ...... Verbal consent—participants ...... 460 1 15/60 115 Provider participants...... Verbal consent—provider partici- 40 1 15/60 10 pants. Participants ...... Verbal consent—control participants 40 1 15/60 10 (for participants of provider-level intervention). Control participants ...... Verbal consent—control participants 500 1 15/60 125 PositiveLinks participants ...... PositiveLinks enrollment ...... 100 1 60/60 100 Participants ...... Phase I interview ...... 460 1 30/60 230 Participants ...... Phase II interview ...... 100 1 30/60 50 Advisory Committee to the Virginia Clinician consultation ...... 10 4 30/60 20 Medication Assistance Program member and other HIV clinical ex- pects. Provider participants ...... Clinician consultation ...... 40 1 30/60 20 Advisory Committee to the Virginia Post-consultation questionnaire...... 10 4 10/60 7 Medication Assistance Program member and other HIV clinical ex- pects.
Total ...... 687
Jeffrey M. Zirger, DEPARTMENT OF HEALTH AND SUMMARY: The Centers for Disease Lead, Information Collection Review Office, HUMAN SERVICES Control and Prevention (CDC), as part of Office of Scientific Integrity, Office of Science, its continuing effort to reduce public Centers for Disease Control and Prevention. Centers for Disease Control and burden and maximize the utility of [FR Doc. 2021–14752 Filed 7–9–21; 8:45 am] Prevention government information, invites the BILLING CODE 4163–18–P general public and other Federal [60 Day–21–0530; Docket No. CDC–2021– agencies the opportunity to comment on 0064] a proposed and/or continuing information collection, as required by Proposed Data Collection Submitted the Paperwork Reduction Act of 1995. for Public Comment and This notice invites comment on a Recommendations proposed information collection project AGENCY: Centers for Disease Control and titled Energy Employees Occupational Prevention (CDC), Department of Health Illness Compensation Program Act and Human Services (HHS). (EEOICPA) Dose Reconstruction Interviews and Forms. This data ACTION: Notice with comment period. collection permits claimants under
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EEOICPA to provide information whether the information will have providing them with the opportunity to potentially useful in reconstructing practical utility; assist NIOSH in documenting the work radiation doses, and to confirm that they 2. Evaluate the accuracy of the history of the employee by have no further information to submit. agency’s estimate of the burden of the characterizing the actual work tasks DATES: CDC must receive written proposed collection of information, performed. In addition, NIOSH and the comments on or before September 10, including the validity of the claimant may identify incidents that 2021. methodology and assumptions used; may have resulted in undocumented 3. Enhance the quality, utility, and radiation exposures, characterize ADDRESSES: You may submit comments, clarity of the information to be radiological protection and monitoring identified by Docket No. CDC–2021– collected; practices, and identify co-workers and 0064 by any of the following methods: 4. Minimize the burden of the other witnesses, as may be necessary, to • Federal eRulemaking Portal: collection of information on those who confirm undocumented information. In Regulations.gov. Follow the instructions are to respond, including through the this process, NIOSH uses a computer for submitting comments. use of appropriate automated, assisted telephone interview (CATI) • Mail: Jeffrey M. Zirger, Information electronic, mechanical, or other system, which allows interviews to be Collection Review Office, Centers for technological collection techniques or conducted more efficiently and quickly Disease Control and Prevention, 1600 other forms of information technology, as opposed to a paper-based interview Clifton Road NE, MS–D74, Atlanta, e.g., permitting electronic submissions instrument. Both interviews are Georgia 30329. of responses; and voluntary, and failure to participate in Instructions: All submissions received 5. Assess information collection costs. either or both interviews will not have must include the agency name and a negative effect on the claim, although Proposed Project Docket Number. CDC will post, without voluntary participation may assist the change, all relevant comments to Energy Employees Occupational claimant by adding important Regulations.gov. Illness Compensation Program Act information that may not be otherwise Please note: Submit all comments (EEOICPA) Dose Reconstruction available. through the Federal eRulemaking portal Interviews and Forms (OMB Control No. NIOSH uses the data collected in this (regulations.gov) or by U.S. mail to the 0920–0530, Exp. 1/31/2022)— process to complete an individual dose address listed above. Revision—National Institute for reconstruction that accounts, as fully as Occupational Safety and Health FOR FURTHER INFORMATION CONTACT: To possible, for the radiation dose incurred (NIOSH), Centers for Disease Control request more information on the by the employee in the line of duty for and Prevention (CDC). proposed project or to obtain a copy of DOE nuclear weapons production the information collection plan and Background and Brief Description programs. After dose reconstruction, NIOSH also performs a brief, voluntary instruments, contact Jeffrey M. Zirger, On October 30, 2000, the Energy final interview with the claimant to Information Collection Review Office, Employees Occupational Illness explain the results and to allow the Centers for Disease Control and Compensation Program Act of 2000 (42 claimant to confirm or question the Prevention, 1600 Clifton Road NE, MS– U.S.C. 7384–7385) was enacted. This records NIOSH has compiled. This will D74, Atlanta, Georgia 30329; phone: Act established a federal compensation also be the final opportunity for the 404–639–7570; Email: [email protected]. program for employees of the claimant to supplement the dose SUPPLEMENTARY INFORMATION: Under the Department of Energy (DOE) and certain reconstruction record. Paperwork Reduction Act of 1995 (PRA) of its contractors, subcontractors and (44 U.S.C. 3501–3520), Federal agencies vendors, who have suffered cancers and At the conclusion of the dose must obtain approval from the Office of other designated illnesses as a result of reconstruction process, the claimant Management and Budget (OMB) for each exposures sustained in the production submits a form to confirm that the collection of information they conduct and testing of nuclear weapons. claimant has no further information to or sponsor. In addition, the PRA also Executive Order 13179, issued on provide to NIOSH about the claim at requires Federal agencies to provide a December 7, 2000, delegated authorities this time. The form notifies the claimant 60-day notice in the Federal Register assigned to ‘‘the President’’ under the that signing the form allows NIOSH to concerning each proposed collection of Act to the Departments of Labor, Health forward a dose reconstruction report to information, including each new and Human Services, Energy and DOL and to the claimant, and closes the proposed collection, each proposed Justice. The Department of Health and record on data used for the dose extension of existing collection of Human Services (DHHS) was delegated reconstruction. Signing this form does information, and each reinstatement of the responsibility of establishing not indicate that the claimant agrees previously approved information methods for estimating radiation doses with the outcome of the dose collection before submitting the received by eligible claimants with reconstruction. The dose reconstruction collection to the OMB for approval. To cancer applying for compensation. results will be supplied to the claimant comply with this requirement, we are NIOSH is applying the following and to the DOL, the agency that will publishing this notice of a proposed methods to estimate the radiation doses utilize them as one part of its data collection as described below. of individuals applying for determination of whether the claimant The OMB is particularly interested in compensation. is eligible for compensation under the comments that will help: In performance of its dose Act. 1. Evaluate whether the proposed reconstruction responsibilities, under CDC requests approval for an collection of information is necessary the Act, NIOSH is providing voluntary estimated 3,900 burden hours annually. for the proper performance of the interview opportunities to claimants (or There is no cost to respondents other functions of the agency, including their survivors) individually, and than their time.
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ESTIMATED ANNUALIZED BURDEN HOURS
Average Type of Number of Number of burden per Total respondents Form name respondents responses per response burden respondent (in hours) (in hours)
Claimant ...... Initial Interview ...... 3,600 1 1 3,600 Claimant ...... Conclusion Form OCAS–1 ...... 3,600 1 5/60 300
Total ...... 3,900
Jeffrey M. Zirger, ADDRESSES: You may submit comments appropriate intervals, rechartered on Lead, Information Collection Review Office, by mail to: Sherri Diana, National March 22, 2020, and will terminate on Office of Scientific Integrity, Office of Science, Institute for Occupational Safety and March 22, 2022. Centers for Disease Control and Prevention. Health, 1090 Tusculum Avenue, MS C– Purpose: This Advisory Board is [FR Doc. 2021–14753 Filed 7–9–21; 8:45 am] 34, Cincinnati, Ohio 45226. Meeting charged with (a) providing advice to the BILLING CODE 4163–18–P Information: The USA toll-free dial-in Secretary, HHS, on the development of numbers are: +1 669 254 5252 US (San guidelines under Executive Order Jose); +1 646 828 7666 US (New York); DEPARTMENT OF HEALTH AND +1 551 285 1373 US; +1 669 216 1590 13179; (b) providing advice to the HUMAN SERVICES US (San Jose); The Meeting ID is: 161 Secretary, HHS, on the scientific 786 4323 and the Passcode is: 76650371; validity and quality of dose Centers for Disease Control and Web conference by Zoom meeting reconstruction efforts performed for this Prevention connection: https://cdc.zoomgov.com/j/ program; and (c) upon request by the 1617864323?pwd=NWFzTmNlbU Secretary, HHS, advising the Secretary Advisory Board on Radiation and tmOFFmMlNlbmZ0WUczZz09. on whether there is a class of employees Worker Health (ABRWH), National FOR FURTHER INFORMATION CONTACT: at any Department of Energy facility Institute for Occupational Safety and who were exposed to radiation but for Health (NIOSH) Rashaun Roberts, Ph.D., Designated Federal Officer, NIOSH, CDC, 1090 whom it is not feasible to estimate their radiation dose, and on whether there is AGENCY: Centers for Disease Control and Tusculum Avenue, Mailstop C–24, reasonable likelihood that such Prevention (CDC), Department of Health Cincinnati, Ohio 45226; Telephone: radiation doses may have endangered and Human Services (HHS). (513) 533–6800; Toll Free: 1 (800) CDC– INFO; email: [email protected]. the health of members of this class. ACTION: Notice of meeting and request SUPPLEMENTARY INFORMATION: for comment. Matters To Be Considered: The agenda Background: The Advisory Board was will include discussions on the SUMMARY: In accordance with the established under the Energy Employees following: NIOSH Program Update; Federal Advisory Committee Act, the Occupational Illness Compensation Department of Labor Program Update; CDC, announces the following meeting Program Act of 2000 to advise the Department of Energy Program Update; of the Advisory Board on Radiation and President on a variety of policy and SEC Petitions Update; Procedures Worker Health (ABRWH or the Advisory technical functions required to Review Finalization/Document Board). This meeting is open to the implement and effectively manage the Approvals; Oak Ridge National public, limited only by the space new compensation program. Key Laboratory (X–10), Y–12 SEC Petition available. The are 200 spaces for the functions of the Advisory Board include #250 Addendum Update (Oak Ridge, audio conference and computer lines providing advice on the development of Tennessee; 1987–1994), and a Board combined. The public is welcome to probability of causation guidelines Work Session. Agenda items are subject submit written comments in advance of which have been promulgated by the to change as priorities dictate. Department of Health and Human the meeting, to the contact person Services (HHS) as a final rule, advice on The Director, Strategic Business below. Written comments received in methods of dose reconstruction which Initiatives Unit, Office of the Chief advance of the meeting will be included have also been promulgated by HHS as Operating Officer, Centers for Disease in the official record of the meeting. The a final rule, advice on the scientific Control and Prevention, has been public is also welcomed to listen to the validity and quality of dose estimation delegated the authority to sign Federal meeting by joining a teleconference line and reconstruction efforts being Register notices pertaining to and/or computer connection performed for purposes of the announcements of meetings and other (information below). compensation program, and advice on committee management activities, for DATES: The meeting will be held on petitions to add classes of workers to the both the Centers for Disease Control and August 18, 2021, from 1:00 p.m. to 6:30 Special Exposure Cohort (SEC). In Prevention and the Agency for Toxic p.m., EDT, and August 19, 2021, from December 2000, the President delegated Substances and Disease Registry. 1:00 p.m. to 4:15 p.m., EDT. A public responsibility for funding, staffing, and comment session will be held on August operating the Advisory Board to HHS, Kalwant Smagh, 18, 2021 at 5:30 p.m. and will conclude which subsequently delegated this Director, Strategic Business Initiatives Unit, at 6:30 p.m., EDT or following the final authority to the CDC. NIOSH Office of the Chief Operating Officer, Centers call for public comment, whichever implements this responsibility for CDC. for Disease Control and Prevention. comes first. Written comments must be The Advisory Board’s charter was [FR Doc. 2021–14685 Filed 7–9–21; 8:45 am] received on or before August 11, 2021. issued on August 3, 2001, renewed at BILLING CODE 4163–18–P
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DEPARTMENT OF HEALTH AND Centers for Disease Control and Behavioral and Clinical Predictors of HUMAN SERVICES Prevention, 1600 Clifton Road NE, MS– Early HIV Infection (Project DETECT). D74, Atlanta, Georgia 30329; phone: CDC provides guidelines for HIV Centers for Disease Control and 404–639–7570; Email: [email protected]. testing and diagnosis for the United Prevention SUPPLEMENTARY INFORMATION: Under the States, as well as technical guidance for its grantees. The purpose of this project [60 Day–21–1100; Docket No. CDC–2021– Paperwork Reduction Act of 1995 (PRA) 0066] (44 U.S.C. 3501–3520), Federal agencies is to assess characteristics of HIV testing must obtain approval from the Office of technologies to update these guidance Proposed Data Collection Submitted Management and Budget (OMB) for each documents to reflect the latest available for Public Comment and collection of information they conduct testing technologies, their performance Recommendations or sponsor. In addition, the PRA also characteristics, and considerations requires Federal agencies to provide a regarding their use. Specifically, CDC AGENCY: Centers for Disease Control and 60-day notice in the Federal Register will describe behavioral and clinical Prevention (CDC), Department of Health concerning each proposed collection of characteristics of persons with early and Human Services (HHS). information, including each new infection to help HIV test providers ACTION: Notice with comment period. proposed collection, each proposed (including CDC grantees) choose which extension of existing collection of HIV tests to use, and target tests SUMMARY: The Centers for Disease appropriately to persons at different Control and Prevention (CDC), as part of information, and each reinstatement of previously approved information levels of risk. This information will be its continuing effort to reduce public disseminated primarily through burden and maximize the utility of collection before submitting the collection to the OMB for approval. To guidance documents and articles in government information, invites the peer-reviewed journals. general public and other Federal comply with this requirement, we are publishing this notice of a proposed The primary study population will be agencies the opportunity to comment on persons at high risk for, or diagnosed a proposed and/or continuing data collection as described below. The OMB is particularly interested in with HIV infection, many of whom will information collection, as required by comments that will help: be men who have sex with men (MSM), the Paperwork Reduction Act of 1995. 1. Evaluate whether the proposed transgender women, minorities, and This notice invites comment on a collection of information is necessary persons who inject drugs (PWIDs) proposed information collection project for the proper performance of the because the majority of new HIV titled Identification of Behavioral and functions of the agency, including infections occur each year among these Clinical Predictors of Early HIV whether the information will have populations. The goals of the project are Infection (Project DETECT), which practical utility; to: (1) Characterize the performance of collects information from people testing 2. Evaluate the accuracy of the new HIV tests for detecting established for HIV in order to compare the agency’s estimate of the burden of the and early HIV infection at the point of performance characteristics of new proposed collection of information, care, relative to each other and to point of care HIV tests for detection of including the validity of the currently used gold standard, non-point- early HIV infection and to identify methodology and assumptions used; of-care (POC) tests, and (2) identify behavioral and clinical predictors of 3. Enhance the quality, utility, and behavioral and clinical predictors of early HIV infection. clarity of the information to be early HIV infection. DATES: CDC must receive written collected; Project DETECT will enroll 1,867 comments on or before September 10, 4. Minimize the burden of the persons annually from two study sites 2021. collection of information on those who (Seattle and Baltimore). The study will be conducted in two phases. ADDRESSES: You may submit comments, are to respond, including through the use of appropriate automated, Phase 1: After a client consents to identified by Docket No. CDC–2021– participate, he/she will be assigned a 0066 by any of the following methods: electronic, mechanical, or other technological collection techniques or unique Participant ID, and will then • Federal eRulemaking Portal: undergo testing with up to seven new Regulations.gov. Follow the instructions other forms of information technology, e.g., permitting electronic submissions HIV tests under study. While awaiting for submitting comments. test results, participants will undergo • Mail: Jeffrey M. Zirger, Information of responses; and 5. Assess information collection costs. additional specimen collections and Collection Review Office, Centers for complete the Phase 1 Enrollment Disease Control and Prevention, 1600 Proposed Project Survey. Clifton Road NE, MS–D74, Atlanta, Identification of Behavioral and Phase 2: All Phase 1 participants Georgia 30329. Clinical Predictors of Early HIV whose results on the seven tests under Instructions: All submissions received Infection (Project DETECT)—(OMB investigation are not in agreement with must include the agency name and Control No. 0920–1100, Exp. 1/31/ one another test (discordant), will be Docket Number. CDC will post, without 2022)—Extension—National Center for considered to have a potential early HIV change, all relevant comments to HIV/AIDS, Viral Hepatitis, STD, and TB infection. Nucleic amplification testing Regulations.gov. Prevention (NCHHSTP), Centers for that detects viral nucleic acids will be Please note: Submit all comments Disease Control and Prevention (CDC). conducted to confirm an HIV diagnosis through the Federal eRulemaking portal and rule out false positives. Study (regulations.gov) or by U.S. mail to the Background and Brief Description investigators expect that each year, 50 address listed above. The Centers for Disease Control and participants with discordant test results FOR FURTHER INFORMATION CONTACT: To Prevention (CDC), National Center for will be invited to participate in serial request more information on the HIV/AIDS, Viral Hepatitis, STD, and TB follow-up specimen collections to assess proposed project or to obtain a copy of Prevention (NCHHSTP), Division of the time point at which all HIV test the information collection plan and HIV/AIDS Prevention (DHAP) requests a results resolve and become concordant instruments, contact Jeffrey M. Zirger, three-year Extension for a data positive (indicating enrollment during Information Collection Review Office, collection titled Identification of early infection) or concordant negative
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(indicating one or more false-positive become concordant (i.e., at the last characteristics, medical care, HIV test results in Phase 1). Phase 2 visit) participants will complete testing, pre-exposure prophylaxis, The follow-up schedule will consist the Phase 2 Behavioral Survey to antiretroviral treatment, sexually of up to nine visits scheduled at regular identify any behavioral changes during transmitted diseases (STD) history, intervals over a 70-day period. At each follow-up. Of the 50 Phase 2 symptoms of early HIV infection, follow-up visit, participants will be participants; it is estimated that no more substance use and sexual behavior. tested with the new HIV tests and than 26, annually, will have early HIV additional oral fluid and blood infection. Data from the surveys will be merged specimens will also be collected for All data for the proposed information with HIV test results and relevant storage and use in future HIV test collection will be collected via an clinical data using the unique evaluations at CDC. Participants will be electronic Computer Assisted Self- identification (ID) number. Data will be followed only to the point at which all Interview (CASI) survey. Participants stored on a secure server managed by their test results become concordant. At will complete the surveys on an the awardee’s Information Technology each time point, participants will be encrypted computer, with the exception (IT) Services. The participation of asked to complete the Phase 2 HIV of the Phase 2 Symptom and Care respondents is voluntary. There is no Symptom and Care survey to collect survey, which will be administered by cost to the respondents other than their information on symptoms associated a research assistant and then time. The total estimated annual burden with early HIV infection as well as electronically entered into the CASI hours for the proposed project are 1,594 access to HIV care and treatment since system. Data to be collected via CASI hours. the last Phase 2 visit. When all tests include questions on sociodemographic
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Total burden Type of respondents Form name respondents responses per response (in hours) respondent (in hours)
Persons eligible for Phase 1 Consent ...... 2,334 1 15/60 584 study. Enrolled participants ...... Phase 1 Enrollment Survey ...... 1,867 1 30/60 934 Phase 2 Consent ...... 50 1 15/60 13 Phase 2 HIV Symptom and Care survey ...... 50 9 5/60 38 Phase 2 Behavioral Survey ...... 50 1 30/60 25
Total ...... 1,594
Jeffrey M. Zirger, CDC received one non-substantive e.g., permitting electronic submission of Lead, Information Collection Review Office, comment related to the previous notice. responses; and Office of Scientific Integrity, Office of Science, This notice serves to allow an additional (e) Assess information collection Centers for Disease Control and Prevention. 30 days for public and affected agency costs. [FR Doc. 2021–14754 Filed 7–9–21; 8:45 am] comments. To request additional information on BILLING CODE 4163–18–P CDC will accept all comments for this the proposed project or to obtain a copy proposed information collection project. of the information collection plan and The Office of Management and Budget instruments, call (404) 639–7570. DEPARTMENT OF HEALTH AND is particularly interested in comments Comments and recommendations for the HUMAN SERVICES that: proposed information collection should be sent within 30 days of publication of Centers for Disease Control and (a) Evaluate whether the proposed this notice to www.reginfo.gov/public/ Prevention collection of information is necessary for the proper performance of the do/PRAMain. Find this particular information collection by selecting [30 Day–21–1242] functions of the agency, including whether the information will have ‘‘Currently under 30-day Review—Open Agency Forms Undergoing Paperwork practical utility; for Public Comments’’ or by using the search function. Direct written Reduction Act Review (b) Evaluate the accuracy of the comments and/or suggestions regarding agencies estimate of the burden of the In accordance with the Paperwork the items contained in this notice to the proposed collection of information, Reduction Act of 1995, the Centers for Attention: CDC Desk Officer, Office of including the validity of the Disease Control and Prevention (CDC) Management and Budget, 725 17th methodology and assumptions used; has submitted the information Street NW, Washington, DC 20503 or by collection request titled Strengthening (c) Enhance the quality, utility, and fax to (202) 395–5806. Provide written U.S. Response to Resistant Gonorrhea clarity of the information to be comments within 30 days of notice (SURRG) to the Office of Management collected; publication. and Budget (OMB) for review and (d) Minimize the burden of the approval. CDC previously published a collection of information on those who Proposed Project ‘‘Proposed Data Collection Submitted are to respond, including, through the Strengthening U.S. Response to for Public Comment and use of appropriate automated, Resistant Gonorrhea (SURRG) (OMB Recommendations’’ notice on electronic, mechanical, or other Control No. 0920–1242, Exp. 9/30/ September 30, 2020 to obtain comments technological collection techniques or 2021)—Revision—National Center for from the public and affected agencies. other forms of information technology, HIV/AIDS, Viral Hepatitis, STD, and TB
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Prevention (NCHHSTP), Centers for several days at a local public health these data processes will take 16 hours Disease Control and Prevention (CDC). laboratory. Laboratory results every two months. Annually, the local demonstrating resistance are rapidly SURRG data manager will send a final Background and Brief Description communicated by the laboratory staff to cumulative data file, so a total of seven The purposes of Strengthening U.S. the healthcare provider and designated data transmissions/responses will occur. Response to Resistant Gonorrhea health department staff member, who Every two months, data managers at (SURRG) are to: (1) Improve national initiates a field investigation. The each of the participating non-STD clinic capacity to detect, monitor, and respond patient (from whom the resistant health centers abstract and clean data to the emerging threat of antibiotic- specimen was collected) is interviewed and securely transmits the data to the resistant gonorrhea, (2) understand about risk factors and recent contacts, local SURRG data manager. We estimate trends in and factors contributing to and will be re-tested to ensure that they that it will take three hours each time antibiotic-resistant gonorrhea, and (3) were cured. Recent contacts are data managers at each non-STD SURRG build a robust evidence-base for public interviewed by the health department location abstract, clean, and transmit health action. This information (contact tracing) and tested for SURRG data. collection is important because: (1) gonorrhea. The participating health Effective treatment of gonorrhea is departments collect and transmit to CDC Microbiologists at public health critical to gonorrhea control and demographic and clinical data about laboratories from each of the eight prevention, (2) untreated or persons tested for, and diagnosed with SURRG funded jurisdictions conduct inadequately treated gonorrhea can gonorrhea in the participating clinics, antibiotic resistance testing on all N. cause serious reproductive health results of local antibiotic resistance gonorrhoeae isolates from all STD clinic complications, such as infertility, (3) testing, and information about field sites and non-STD clinic sites Neisseria gonorrhoeae (the bacterium investigations. None of the data participating in SURRG. Each test takes that causes gonorrhea) has consistently transmitted to CDC contains any approximately 10 minutes of staff time, demonstrated the ability to develop personally identifiable information. and testing of control strains is also resistance to the antibiotics used for These data are used by CDC to conducted approximately twice per treatment and may be developing monitor resistance, understand risk week at each laboratory. On average, resistance to the last remaining factors for resistance, and identify the each jurisdiction conducts treatment option recommended by the most effective approaches to prevent the approximately 600 resistance tests per Centers for Disease Control and spread of resistance. Data are year for patient care, plus 100 control Prevention (CDC), and (4) antibiotic- transmitted through CDC’s Secure strains per year for quality assurance. resistant gonorrhea is extremely difficult Access Management Services (SAMS). Thus, a total of approximately 700 tests to detect without enhanced surveillance SAMS is an approved federal per year per grantee are performed. and public health activities, such as information technology system that Every two months, a laboratory data SURRG, because healthcare providers provides authorized and validated users manager abstracts test results and rarely perform or have access to secure and encrypted access to CDC file securely sends the datafile to the local resistance testing for individual transfer applications. The encrypted SURRG data manager. We estimate that patients. data are stored in a secure CDC server laboratory data managers spend SURRG supports rapid detection of with strictly controlled and restricted approximately one hour each time they resistant gonorrhea and gets actionable access rights. Isolates are shipped each abstract, clean, and transmit project information into the hands of healthcare month to one of four Antibiotic data. providers (to support appropriate Resistance Regional Laboratory Network Health department staff will treatment of individual patients) and (ARLN) laboratories for confirmatory interview: Any person diagnosed with local health departments (to support antibiotic susceptibility testing and antibiotic-resistant gonorrhea or have a rapid public health response to slow the molecular characterization. The isolates case of gonorrhea of public health spread of resistant infections in the only contain bacterial DNA (and not significance index case, and their sexual community). Jurisdictions participating human DNA). in SURRG applied as part of a Under the SURRG protocol, the local contacts. On average, each jurisdiction competitive process and participate SURRG data managers from each of the will identify four drug-resistant isolates voluntarily. As an overview of SURRG, funded jurisdictions abstract STD clinic each month. These isolates will spur healthcare providers at participating data for patients tested for gonorrhea, field investigations, which will result in clinics (sexually transmitted disease receive data from non-STD clinic six additional interviews each month. [STD] clinics affiliated with a single healthcare sites about persons tested for We estimate a total of 120 interviews public health department or other gonorrhea, receive resistance testing will occur annually at each site, for a participating non-STD clinic sites) laboratory results from local public total across the 8 sites of 960 interviews collect specimens for N. gonorrhoeae health laboratories, abstract data about each year. Each interview will take culture testing from men and women field investigations, and merge the data. approximately 20 minutes. seeking care for possible gonorrhea. Every two months, the local SURRG The total estimated annual burden Specimens that demonstrate N. data manager cleans the data, removes hours are 2,665. There are no additional gonorrhoeae (called ‘‘isolates’’) undergo personally identifiable information, and costs to respondents other than their antibiotic resistance testing within transmits the data to CDC. We estimate time.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)
Local SURRG data manager ...... Facility Data Elements ...... 8 7 16
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ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)
Data manager at non-STD clinic health cen- Non-STD clinic Data Elements ...... 26 6 3 ters. Public Health Laboratory Microbiologist ...... Laboratory Testing Data Elements ...... 8 700 10/60 Public Health Laboratory Data Manager ...... Laboratory Data Elements ...... 8 6 1 Gonorrhea Patients and Sexual Contacts ...... Field Investigation Data Elements ...... 960 1 20/60
Jeffrey M. Zirger, DATES: Supplemental award funds will regulations; and ORR policies and Lead, Information Collection Review Office, support activities until January 31, procedures. Office of Scientific Integrity, Office of Science, 2022. Centers for Disease Control and Prevention. Elizabeth Leo, [FR Doc. 2021–14751 Filed 7–9–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: Senior Grants Policy Specialist, Office of Grants Policy, Office of Administration. BILLING CODE 4163–18–P Stephen Antkowiak, Office of Refugee Resettlement, Division of [FR Doc. 2021–14722 Filed 7–7–21; 4:15 pm] Unaccompanied Alien Children BILLING CODE 4184–45–P DEPARTMENT OF HEALTH AND Operations, 330 Street SW, Washington, HUMAN SERVICES DC 20447. Phone: 202–260–6165. Email: [email protected]. DEPARTMENT OF HEALTH AND Administration for Children and HUMAN SERVICES SUPPLEMENTARY INFORMATION: ORR is Families continuously monitoring its capacity to Administration for Community Living shelter the UAC referred to HHS, as well [CFDA Number: 93.676] as the information received from [OMB# 0985–New] interagency partners, to inform any Announcement of Intent To Issue One Agency Information Collection future decisions or actions. Operating Division (OPDIV)-Initiated Activities; Proposed Collection; Supplement to BCFS Health and ORR has specific requirements for the Comment Request; Evidence Based Human Services Under the Standing provision of services. Award recipients Program Fidelity Surveys Announcement for Residential must have the infrastructure, licensing, AGENCY: Administration for Community (Shelter) Services for Unaccompanied experience, and appropriate level of Living, HHS. Alien Children, HHS–2017–ACF–ORR– trained staff to meet those requirements. ACTION: ZU–1132 The expansion of the existing program Notice. and its services through this SUMMARY: The Administration for supplemental award is a key strategy for AGENCY: Unaccompanied Alien Community Living (ACL) is announcing ORR to be prepared to meet its Children’s (UAC) Program, Office of an opportunity for the public to responsibility to provide shelter for Refugee Resettlement (ORR), comment on the proposed collection of UAC referred to its care by the Administration for Children and information listed above. Under the Department of Homeland Security Families (ACF), Department of Health Paperwork Reduction Act of 1995 (the (DHS), and so the Customs and Border and Human Services (HHS). PRA), Federal agencies are required to Protection can continue its vital publish a notice in the Federal Register ACTION: Notice of intent to issue one national security mission to prevent concerning each proposed collection of OPDIV-Initiated Supplement to BCFS illegal migration, trafficking, and protect information, including each proposed Health and Human Services (BCFS the borders of the United States. HHS), San Antonio, Texas under the extension of an existing collection of Statutory Authority: This program is UAC Program. information, and to allow 60 days for authorized by— public comment in response to the SUMMARY: ACF, ORR, announces the (A) Section 462 of the Homeland notice. This notice solicits comments on issuance of one OPDIV-Initiated Security Act of 2002, which in March the information collection requirements Supplement to BCFS HHS, San Antonio, 2003, transferred responsibility for the relating to a Grantee Survey and a Local Texas in the amount of up to care and custody of UAC from the Implementation Organization Survey $475,868,102. ORR has been identifying Commissioner of the former that will be used by ACL to evaluate the additional capacity to provide shelter Immigration and Naturalization Service fidelity with which ACL and its grantee for potential increases in apprehensions to the Director of ORR within HHS. organizations, under the Older of UAC at the Southwest Border. (B) The Flores Settlement Agreement, Americans Act, implement the required Planning for increased shelter capacity Case No. CV85–4544–RJK (C.D. Cal. evidence-based programs. is a prudent step to ensure that ORR is 1996), as well as the William DATES: Comments on the collection of able to meet its responsibility, by law, Wilberforce Trafficking Victims information must be submitted to provide shelter for UAC referred to its Protection Reauthorization Act of 2008 electronically by 11:59 p.m. (EST) or care by the Department of Homeland (Pub. L. 110–457), which authorizes postmarked by September 10, 2021. Security. To ensure sufficient capacity post release services under certain ADDRESSES: Submit electronic to provide shelter to UAC referred to conditions to eligible children. All comments on the collection of HHS, ORR is requesting that BCFS HHS programs must comply with the Flores information to: Susan.Jenkins@ continue the use of up to 1008 hard- Settlement Agreement, Case No. CV85– acl.hhs.gov. Submit written comments sided beds at Carrizo Springs, Texas. 4544–RJK (C.D. Cal. 1996); pertinent on the collection of information to
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Administration for Community Living, comments on our burden estimates or injury. Since 2003, the aging services Washington, DC 20201, Attention: any other aspect of this collection of network has been steadily moving Susan Jenkins. information, including: towards wider implementation of FOR FURTHER INFORMATION CONTACT: (1) Whether the proposed collection disease prevention and health Susan Jenkins, Administration for of information is necessary for the promotion programs that are based on Community Living, Washington, DC proper performance of ACL’s functions, scientific evidence and demonstrated to 20201, 202–795–7369 or by email: including whether the information will improve the health of older adults. The [email protected]. have practical utility; FY 2012 Congressional appropriations SUPPLEMENTARY INFORMATION: Under the (2) the accuracy of ACL’s estimate of law included, for the first time, an PRA (44 U.S.C. 3501–3520), Federal the burden of the proposed collection of evidence-based requirement related to agencies must obtain approval from the information, including the validity of Title III–D funds. Office of Management and Budget the methodology and assumptions used The results of this information (OMB) for each collection of to determine burden estimates; (3) ways collection will be used by ACL/AoA to: to enhance the quality, utility, and information they conduct or sponsor. • ‘‘Collection of information’’ is defined clarity of the information to be Effectively report its results to the in 44 U.S.C. 3502(3) and 5 CFR collected; and President, to Congress, to the 1320.3(c) and includes agency requests (4) ways to minimize the burden of Department of Health and Human or requirements that members of the the collection of information on Services and to the public. public submit reports, keep records, or respondents, including through the use • Assess the effectiveness of ACL and provide information to a third party. of automated collection techniques its grantees in monitoring program The PRA requires Federal agencies to when appropriate, and other forms of fidelity. provide a 60-day notice in the Federal information technology. • Aid in program refinement and Register concerning each proposed The Evidence Based Program Fidelity continuous improvement. collection of information, including Surveys will be used by ACL to evaluate each proposed extension of an existing the fidelity with which ACL’s grantee To comment on this information collection of information, before organizations, under the Older collection please visit the ACL website: submitting the collection to OMB for Americans Act, implement the required https://www.acl.gov/about-acl/public- approval. To comply with this evidence-based programs. States that input. requirement, ACL is publishing a notice receive Older Americans Act funds Estimated Program Burden of the proposed collection of under Title III–D are required to spend information set forth in this document. those funds on evidence-based programs ACL estimates the burden associated With respect to the following to improve the health and well-being of with this collection of information as collection of information, ACL invites their clients and to reduce disease and follows:
Responses Respondent/data collection activity Number of per Hours per Annual burden respondents respondent response hours
Grantee: Program selection process and survey ...... 103 1 2.00 206 Local Implementation Organization Survey ...... 412 1 0.67 275
Total ...... 515 1 0.93 481
Dated: July 6, 2021. SUMMARY: The Food and Drug • Federal eRulemaking Portal: Alison Barkoff, Administration (FDA or Agency) is https://www.regulations.gov. Follow the Acting Administrator and Assistant Secretary announcing the availability of a draft instructions for submitting comments. for Aging. guidance for FDA staff entitled ‘‘FDA Comments submitted electronically, [FR Doc. 2021–14700 Filed 7–9–21; 8:45 am] Oversight of Food Products Covered by including attachments, to https:// BILLING CODE 4154–01–P Systems Recognition Arrangements.’’ www.regulations.gov will be posted to This draft guidance provides the docket unchanged. Because your recommendations related to the FDA’s comment will be made public, you are DEPARTMENT OF HEALTH AND regulatory oversight activities for food solely responsible for ensuring that your HUMAN SERVICES products imported from countries comment does not include any whose food safety systems the FDA has confidential information that you or a Food and Drug Administration recognized in Systems Recognition third party may not wish to be posted, Arrangements (SRAs). such as medical information, your or [Docket No. FDA–2019–D–1997] DATES: Submit either electronic or anyone else’s Social Security number, or written comments on the draft guidance confidential business information, such Food and Drug Administration by September 10, 2021 to ensure that as a manufacturing process. Please note Oversight of Food Products Covered the Agency considers your comment on that if you include your name, contact by Systems Recognition the draft guidance before it begins work information, or other information that Arrangements; Draft Guidance for on the final version of the guidance. identifies you in the body of your Food and Drug Administration Staff; ADDRESSES: You may submit comments comments, that information will be Availability on any guidance at any time as follows: posted on https://www.regulations.gov. • If you want to submit a comment AGENCY: Food and Drug Administration, Electronic Submissions HHS. with confidential information that you Submit electronic comments in the do not wish to be made available to the ACTION: Notice of availability. following way: public, submit the comment as a
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written/paper submission and in the Docket: For access to the docket to II. Paperwork Reduction Act of 1995 manner detailed (see ‘‘Written/Paper read background documents or the Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments FDA tentatively concludes that this received, go to https:// draft guidance contains no collection of Written/Paper Submissions www.regulations.gov and insert the information. Therefore, clearance by the Submit written/paper submissions as docket number, found in brackets in the Office of Management and Budget under follows: heading of this document, into the the Paperwork Reduction Act of 1995 is • Mail/Hand delivery/Courier (for ‘‘Search’’ box and follow the prompts not required. written/paper submissions): Dockets and/or go to the Dockets Management III. Electronic Access Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, Drug Administration, 5630 Fishers Rockville, MD 20852, 240–402–7500. Persons with access to the internet may obtain the draft guidance at either Lane, Rm. 1061, Rockville, MD 20852. You may submit comments on any • For written/paper comments https://www.fda.gov/regulatory- guidance at any time (see 21 CFR information/search-fda-guidance- submitted to the Dockets Management 10.115(g)(5)). Staff, FDA will post your comment, as documents or https:// well as any attachments, except for Submit written requests for a single www.regulations.gov. hard copy of the draft guidance entitled information submitted, marked and Dated: July 6, 2021. ‘‘FDA Oversight of Food Products identified, as confidential, if submitted Lauren K. Roth, as detailed in ‘‘Instructions.’’ Covered by Systems Recognition Arrangements’’ to the Office of Strategic Acting Principal Associate Commissioner for Instructions: All submissions received Policy. Planning and Operational Policy, Office must include the Docket No. FDA– of Regulatory Affairs, Food and Drug [FR Doc. 2021–14789 Filed 7–9–21; 8:45 am] 2019–D–1997 for ‘‘FDA Oversight of Administration, 12420 Parklawn Dr., BILLING CODE 4164–01–P Food Products Covered by Systems Element Building, Rm. 4148, Rockville, Recognition Arrangements; Draft MD 20857. Send one self-addressed Guidance for FDA Staff.’’ Received DEPARTMENT OF HEALTH AND adhesive label to assist that office in comments will be placed in the docket HUMAN SERVICES processing your request. See the and, except for those submitted as SUPPLEMENTARY INFORMATION section for ‘‘Confidential Submissions,’’ publicly Food and Drug Administration electronic access to the draft guidance. viewable at https://www.regulations.gov or at the Dockets Management Staff FOR FURTHER INFORMATION CONTACT: [Docket No. FDA–2019–D–5364] between 9 a.m. and 4 p.m., Monday Marla Hallacy, Office of Regulatory through Friday, 240–402–7500. Affairs, Division of Operational Policy, Submission of Plans for Cigarette • Confidential Submissions—To Food and Drug Administration, 12420 Packages and Cigarette submit a comment with confidential Parklawn Dr., Rockville, MD 20857, Advertisements (Revised); Guidance information that you do not wish to be 240–402–6674. for Industry; Availability made publicly available, submit your SUPPLEMENTARY INFORMATION: comments only as a written/paper AGENCY: Food and Drug Administration, submission. You should submit two I. Background HHS. copies total. One copy will include the ACTION: Notice of availability. information you claim to be confidential FDA is announcing the availability of with a heading or cover note that states a draft guidance for FDA staff entitled SUMMARY: The Food and Drug ‘‘THIS DOCUMENT CONTAINS ‘‘FDA Oversight of Food Products Administration (FDA or Agency) is CONFIDENTIAL INFORMATION.’’ The Covered by Systems Recognition announcing the availability of a revised Agency will review this copy, including Arrangements; Draft Guidance for FDA final guidance for industry entitled the claimed confidential information, in Staff.’’ The draft guidance is part of ‘‘Submission of Plans for Cigarette its consideration of comments. The FDA’s larger effort to take a risk-based Packages and Cigarette Advertisements second copy, which will have the approach to food safety to include (Revised).’’ This is a revision to the claimed confidential information ensuring the safety of imported food, third edition of this final guidance, redacted/blacked out, will be available consistent with the FDA Food Safety which issued in February 2021, and is for public viewing and posted on Modernization Act. The guidance covers intended to assist those required to https://www.regulations.gov. Submit FDA’s regulatory oversight activities for submit cigarette plans for cigarette both copies to the Dockets Management food products covered by SRAs between packages and cigarette advertisements Staff. If you do not wish your name and FDA and its foreign regulatory by providing content, timing, and other contact information to be made publicly counterparts. Currently, the FDA has recommendations related to those available, you can provide this signed SRAs with food safety agencies submissions. FDA is revising this information on the cover sheet and not in Australia, Canada, and New Zealand. guidance to reflect the May 21, 2021, in the body of your comments and you The draft guidance is being issued court order that postponed the effective must identify this information as consistent with FDA’s good guidance date of the final rule entitled ‘‘Tobacco ‘‘confidential.’’ Any information marked practices regulation (21 CFR 10.115). Products; Required Warnings for as ‘‘confidential’’ will not be disclosed The draft guidance, when finalized, will Cigarette Packages and Advertisements’’ except in accordance with 21 CFR 10.20 represent the current thinking of FDA to July 13, 2022. Pursuant to the court and other applicable disclosure law. For on the topic of Systems Recognition order, this revised guidance strongly more information about FDA’s posting Arrangement implementation. It does encourages entities to submit cigarette of comments to public dockets, see 80 not establish any rights for any person plans to FDA as soon as possible after FR 56469, September 18, 2015, or access and is not binding on FDA or the public. publication of the final rule, and in any the information at: https:// You can use an alternate approach if it event, by the recommended submission www.govinfo.gov/content/pkg/FR-2015- satisfies the requirements of the date, which is currently September 13, 09-18/pdf/2015-23389.pdf. applicable statutes and regulations. 2021.
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DATES: The announcement of the made publicly available, submit your SUPPLEMENTARY INFORMATION: revised final guidance is published in comments only as a written/paper the Federal Register on July 12, 2021. submission. You should submit two I. Background ADDRESSES: You may submit electronic copies total. One copy will include the FDA is announcing the availability of or written comments on Agency information you claim to be confidential a revised final guidance for industry guidances at any time as follows: with a heading or cover note that states entitled ‘‘Submission of Plans for ‘‘THIS DOCUMENT CONTAINS Cigarette Packages and Cigarette Electronic Submissions CONFIDENTIAL INFORMATION.’’ The Advertisements (Revised).’’ The Family Submit electronic comments in the Agency will review this copy, including Smoking Prevention and Tobacco following way: the claimed confidential information, in Control Act (Tobacco Control Act) (Pub. • Federal eRulemaking Portal: its consideration of comments. The https://www.regulations.gov. Follow the second copy, which will have the L. 111–31) was enacted on June 22, instructions for submitting comments. claimed confidential information 2009, and granted FDA important new Comments submitted electronically, redacted/blacked out, will be available authority to regulate the manufacture, including attachments, to https:// for public viewing and posted on marketing, and distribution of tobacco www.regulations.gov will be posted to https://www.regulations.gov. Submit products. The Tobacco Control Act also the docket unchanged. Because your both copies to the Dockets Management amended section 4 of the Federal comment will be made public, you are Staff. If you do not wish your name and Cigarette Labeling and Advertising Act solely responsible for ensuring that your contact information to be made publicly of 1965 (Pub. L. 89–92) (FCLAA) to comment does not include any available, you can provide this direct FDA to issue regulations confidential information that you or a information on the cover sheet and not requiring each cigarette package and third party may not wish to be posted, in the body of your comments and you advertisement to bear a new textual such as medical information, your or must identify this information as warning label statement accompanied anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked by color graphics depicting the negative confidential business information, such as ‘‘confidential’’ will not be disclosed health consequences of smoking as a manufacturing process. Please note except in accordance with 21 CFR 10.20 (section 201 of the Tobacco Control that if you include your name, contact and other applicable disclosure law. For Act). In enacting this legislation, information, or other information that more information about FDA’s posting Congress also provided that FDA may identifies you in the body of your of comments to public dockets, see 80 adjust the required warnings if FDA comments, that information will be FR 56469, September 18, 2015, or access found that such a change would posted on https://www.regulations.gov. the information at: https:// • promote greater public understanding of If you want to submit a comment www.govinfo.gov/content/pkg/FR-2015- with confidential information that you the risks associated with the use of 09-18/pdf/2015-23389.pdf. tobacco products (section 202 of the do not wish to be made available to the Docket: For access to the docket to Tobacco Control Act). The Tobacco public, submit the comment as a read background documents or the Control Act also modified the written/paper submission and in the electronic and written/paper comments requirements of the FCLAA regarding manner detailed (see ‘‘Written/Paper received, go to https:// Submissions’’ and ‘‘Instructions’’). www.regulations.gov and insert the the submission of cigarette plans for the random and equal display and Written/Paper Submissions docket number, found in brackets in the heading of this document, into the distribution of required warnings on Submit written/paper submissions as ‘‘Search’’ box and follow the prompts cigarette packages and quarterly rotation follows: of required warnings in cigarette • Mail/Hand Delivery/Courier (for and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, advertisements. It also requires that written/paper submissions): Dockets such cigarette plans be submitted to Management Staff (HFA–305), Food and Rockville, MD 20852, 240–402–7500. You may submit comments on any FDA for review and approval, rather Drug Administration, 5630 Fishers than to the Federal Trade Commission. Lane, Rm. 1061, Rockville, MD 20852. guidance at any time (see 21 CFR • For written/paper comments 10.115(g)(5)). In the Federal Register of March 18, submitted to the Dockets Management Submit written requests for single 2020, FDA issued a final rule entitled Staff, FDA will post your comment, as copies of this guidance to the Center for ‘‘Tobacco Products; Required Warnings well as any attachments, except for Tobacco Products, Food and Drug for Cigarette Packages and information submitted, marked and Administration, Document Control Advertisements’’ (85 FR 15638). The identified, as confidential, if submitted Center, 10903 New Hampshire Ave., rule specifies the color graphics that Bldg. 71, Rm. G335, Silver Spring, MD as detailed in ‘‘Instructions.’’ must accompany the new textual 20993–0002. Send one self-addressed Instructions: All submissions received warning label statements and adhesive label to assist that office in must include the Docket No. FDA– establishes marketing requirements for processing your request or include a Fax 2019–D–5364 for ‘‘Submission of Plans cigarette packages and advertisements. for Cigarette Packages and Cigarette number to which the guidance may be sent. See the SUPPLEMENTARY The marketing requirements include, Advertisements (Revised).’’ Received among other things, submission of a comments will be placed in the docket INFORMATION section for information on electronic access to the guidance. cigarette plan that provides for the and, except for those submitted as random and equal display and FOR FURTHER INFORMATION CONTACT: ‘‘Confidential Submissions,’’ publicly distribution of the required warnings on viewable at https://www.regulations.gov Courtney Smith, Center for Tobacco cigarette packages and quarterly rotation or at the Dockets Management Staff Products, Food and Drug of the required warnings in cigarette office between 9 a.m. and 4 p.m., Administration, Document Control advertisements, as described under Monday through Friday, 240–402–7500. Center, 10903 New Hampshire Ave., • Confidential Submissions—To Bldg. 71, Rm. G335, Silver Spring, MD section 4 of FCLAA. submit a comment with confidential 20993–0002, 1–877–287–1373, email: On April 3, 2020, the final rule was information that you do not wish to be [email protected]. challenged in the U.S. District Court for
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the Eastern District of Texas.1 On May information are subject to review by Silver Spring, MD 20993–0002, 240– 8, 2020, the Court granted a joint motion OMB under the PRA. The collections of 402–6980, [email protected]. to govern proceedings in that case and information in 21 CFR 1141.10 have SUPPLEMENTARY INFORMATION: In the postpone the effective date of the final been approved under 0910–0877. Federal Register of Monday, December rule by 120 days.2 On December 2, 2020, III. Electronic Access 2, 2019, 84 FR 65986, appearing on page the same Court granted a new motion by 65986 in FR Doc. 2019–25946, the Plaintiffs in the same case to postpone Persons with access to the internet following correction is made: the effective date of the final rule by an may obtain an electronic version of the On page 65986, in the table, the additional 90 days.3 On March 2, 2021, guidance at https:// entries for ANDAs 076709 and 077062 the same Court granted a new motion by www.regulations.gov, https:// are removed. Plaintiffs in the same case to postpone www.fda.gov/tobacco-products/ the effective date of the final rule by an products-guidance-regulations/rules- Dated: July 6, 2021. additional 90 days.4 On May 21, 2021, regulations-and-guidance, and https:// Lauren K. Roth, the same Court granted a new motion by www.fda.gov/regulatory-information/ Acting Principal Associate Commissioner for Plaintiffs in the same case to postpone search-fda-guidance-documents. Policy. the effective date of the final rule by an Dated: June 24, 2021. [FR Doc. 2021–14717 Filed 7–9–21; 8:45 am] additional 90 days.5 The new effective Lauren K. Roth, BILLING CODE 4164–01–P date of the final rule is July 13, 2022. Pursuant to the court order, any Acting Principal Associate Commissioner for Policy. obligation to comply with a deadline DEPARTMENT OF HEALTH AND tied to the effective date of the final rule [FR Doc. 2021–14674 Filed 7–9–21; 8:45 am] HUMAN SERVICES is similarly postponed, and those BILLING CODE 4164–01–P obligations and deadlines are now tied Meeting of the COVID–19 Health Equity to the postponed effective date. As such, Task Force DEPARTMENT OF HEALTH AND this revised guidance strongly HUMAN SERVICES AGENCY: encourages entities to submit cigarette Office of the Assistant Secretary for Health, Office of the plans to FDA as soon as possible after Food and Drug Administration publication of the final rule, and in any Secretary, Department of Health and event, by September 13, 2021. [Docket No. FDA–2019–N–4590] Human Services. FDA is issuing this guidance ACTION: Notice of meeting. consistent with FDA’s good guidance Morton Grove Pharmaceuticals, Inc., et practices regulation (21 CFR 10.115). al.; Withdrawal of Approval of 21 SUMMARY: As required by the Federal The guidance represents the current Abbreviated New Drug Applications; Advisory Committee Act, the U.S. thinking of FDA regarding the Correction Department of Health and Human submission of plans for cigarette Services (HHS) is hereby giving notice AGENCY: Food and Drug Administration, packages and cigarette advertisements. that the COVID–19 Health Equity Task HHS. It does not establish any rights for any Force (Task Force) will hold a virtual person and is not binding on FDA or the ACTION: Notice; correction. meeting on July 30, 2021. The purpose public. You can use an alternative of this meeting is to consider interim SUMMARY: The Food and Drug approach if it satisfies the requirements recommendations addressing future Administration (FDA) is correcting a of the applicable statutes and pandemic preparedness, mitigation, and notice that appeared in the Federal regulations. resilience needed to ensure equitable Register of December 2, 2019. The response and recovery in communities II. Paperwork Reduction Act of 1995 document announced the withdrawal of of color and other underserved While this guidance contains no approval of 21 abbreviated new drug populations. This meeting is open to the collection of information, it does refer to applications (ANDAs) from multiple public and will be live-streamed at previously approved FDA collections of applicants, effective January 2, 2020. www.hhs.gov/live. Information about the information. Therefore, clearance by the The document erroneously included meeting will be posted on the HHS Office of Management and Budget ANDA 076709 for Fentanyl Extended- Office of Minority Health website: (OMB) under the Paperwork Reduction Release Film, 25 micrograms (mcg)/hour www.minorityhealth.hhs.gov/ Act of 1995 (PRA) (44 U.S.C. 3501– (hr), 50 mcg/hr, 75 mcg/hr, 100 mcg/hr, healthequitytaskforce/ prior to the 3521) is not required for this guidance. held by Actavis Laboratories UT, Inc., meeting. The previously approved collections of Subsidiary of Teva Pharmaceuticals USA, Inc., 577 Chipeta Way, Salt Lake DATES: The Task Force meeting will be 1 R.J. Reynolds Tobacco Co. et al. v. United States City, UT 84108, and ANDA 077062 for held on Friday, July 30, 2021, from 2 Food and Drug Administration et al., No. 6:20–cv– Fentanyl Extended-Release Film, 25 p.m. to approximately 6 p.m. ET (date 00176 (E.D. Tex. filed April 3, 2020). mcg/hr, 50 mcg/hr, 75 mcg/hr, and 100 and time are tentative and subject to 2 R.J. Reynolds Tobacco Co. et al., No. 6:20–cv– mcg/hr, held by Mayne Pharma LLC, change). The confirmed time and 00176 (E.D. Tex. May 8, 2020) (order granting joint motion and establishing schedule), Doc. No. 33. 1240 Sugg Parkway, Greenville, NC agenda will be posted on the COVID–19 3 R.J. Reynolds Tobacco Co. et al., No. 6:20–cv– 27834. This correction is being made Health Equity Task Force web page: 00176 (E.D. Tex. December 2, 2020) (order granting because FDA previously withdrew the www.minorityhealth.hhs.gov/ Plaintiffs’ motion and postponing effective date), approval of ANDAs 076709 and 077062 healthequitytaskforce/ when this Doc. No. 80. in the Federal Register of November 18, information becomes available. 4 R.J. Reynolds Tobacco Co. et al., No. 6:20–cv– 00176 (E.D. Tex. March 2, 2021) (order granting 2019. This notice corrects that error. FOR FURTHER INFORMATION CONTACT: Plaintiffs’ motion and postponing effective date), FOR FURTHER INFORMATION CONTACT: Samuel Wu, Designated Federal Officer Doc. No. 89. Martha Nguyen, Center for Drug for the Task Force; Office of Minority 5 R.J. Reynolds Tobacco Co. et al., No. 6:20–cv– 00176 (E.D. Tex. May 21, 2021) (order granting Evaluation and Research, Food and Health, Department of Health and Plaintiffs’ motion and postponing effective date), Drug Administration, 10903 New Human Services, Tower Building, 1101 Doc. No. 91. Hampshire Ave., Bldg. 75, Rm. 1676, Wootton Parkway, Suite 100, Rockville,
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Maryland 20852. Phone: 240–453–6173; and should be pertinent to the meeting ACTION: Notice. email: [email protected]. discussion. Individuals are encouraged SUPPLEMENTARY INFORMATION: to provide a written statement of any SUMMARY: The National Human Genome Background: The COVID–19 Health public comment(s) for accurate minute- Research Institute (NHGRI), an institute Equity Task Force (Task Force) was taking purposes. If you decide you of the National Institutes of Health, established by Executive Order 13995, would like to provide public comment Department of Health and Human dated January 21, 2021. The Task Force but do not pre-register, you may submit Services, is contemplating the grant of is tasked with providing specific your written statement by emailing an Exclusive, Sublicensable Patent recommendations to the President, [email protected] no later than License to consolidate co-owned rights through the Coordinator of the COVID– close of business on Thursday, August to the inventions and the Patents and 19 Response and Counselor to the 5, 2021. Individuals who plan to attend Patent Applications listed in the President (COVID–19 Response and need special assistance, such as Supplementary Information section of Coordinator), for mitigating the health sign language interpretation or other this notice to The Progeria Research inequities caused or exacerbated by the reasonable accommodations, should COVID–19 pandemic and for preventing contact: [email protected] and Foundation (‘‘PRF’’), having a place of such inequities in the future. The Task reference this meeting. Requests for business in 200 Lake Street, Unit 102, Force shall submit a final report to the special accommodations should be Peabody, MA 01960. COVID–19 Response Coordinator made at least 10 business days prior to DATES: Only written comments and/or addressing any ongoing health the meeting. applications for a license that are inequities faced by COVID–19 survivors Dated: July 6, 2021. received by the NHGRI Office of that may merit a public health response, Technology Transfer Office on or before describing the factors that contributed to Samuel Wu, July 27, 2021 will be considered. disparities in COVID–19 outcomes, and Designated Federal Officer, COVID–19 Health Equity Task Force. recommending actions to combat such ADDRESSES: Requests for a copy of the disparities in future pandemic [FR Doc. 2021–14703 Filed 7–9–21; 8:45 am] patent application(s), inquiries, and responses. BILLING CODE 4150–29–P comments relating to the contemplated The meeting is open to the public and license should be directed to: Eggerton will be live-streamed at www.hhs.gov/ Campbell, License and Patent Manager, live. No registration is required. A DEPARTMENT OF HEALTH AND HUMAN SERVICES NHGRI Technology Transfer Office, public comment session will be held Telephone: 301–402–1648; email: during the meeting. Pre-registration is National Institutes of Health [email protected]. required to provide public comment during the meeting. To pre-register, Prospective Grant of an Exclusive SUPPLEMENTARY INFORMATION: The please send an email to Patent License: Oligonucleotides following and all continuing U.S. and [email protected] and include Analogues Targeting Human LMNA foreign patents/patent applications your name, title, and organization by ‘‘lamin A’’ Gene thereof are the intellectual properties to close of business on Friday, July 23, be licensed under the prospective 2021. Comments will be limited to no AGENCY: National Institutes of Health, agreement: more than three minutes per speaker HHS.
Country Title Application No. Patent No.
United States ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 61/568,590. LMNA NIH E–044–2013–0–US–01. WIPO ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human PCT/US12/068609 LMNA NIH E–044–2013–0–PCT–03. WO 2013/086444. United Kingdom ..... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 12806796.4 ...... 2788488 LMNA NIH E–044–2013–0–GB–12. United States ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 13/708,709 ...... 9,326,992 LMNA NIH E–044–2013–0–US–02. United States ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 15/084,255 ...... 9,833,468 LMNA NIH E–044–2013–0–US–06. United States ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 15/727,483 CON .. 10,398,721 LMNA NIH E–044–2013–0–US–07. Europe ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 12806796.4 ...... 2788488 LMNA NIH E–044–2013–0–EP–04. Japan ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 2019–109410. LMNA NIH E–044–2013–0–JP–15. France ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 12806796.4 ...... 2788488 LMNA NIH E–044–2013–0–FR–11. Germany ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 12806796.4 ...... 2788488 LMNA NIH E–044–2013–0–DE–10. Ireland ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 12806796.4 ...... 2788488 LMNA NIH E–044–2013–0–IE–13. Japan ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 2014–546152 ...... 6132849 LMNA NIH E–044–2013–0–JP–05. Japan ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 2017–41744. LMNA NIH E–044–2013–0–JP–08. Netherlands ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 12806796.4 ...... 2788488 LMNA NIH E–044–2013–0–NL–14. Switzerland ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 12806796.4 ...... 2788488 LMNA NIH E–044–2013–0–CH–09. United States ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–US–01 ...... 62/330,027. WIPO ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–PCT–02 ...... PCT/US17/30174 WO 2017/190041.
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Country Title Application No. Patent No.
United States ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–US–16 ...... 16/096,524 (371- 10,822,608 national phase). United States ...... Oligonucleotide Analogues Targeting Human LMNA ...... 17/024,100. Australia ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–AU–03 ...... 2017258642. Brazil ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–BR–04 ...... BR1120180722790. Canada ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–CA–05 ...... 3,022,303. China ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–CN–06 ...... 201780040785.7. Colombia ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–CO–07 ...... NC2018/0012783. Eurasia ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–EA–08 ...... 201892467. Europe ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–EP–09 ...... 17735676.3. Hong Kong ...... Methods For Treating Progeroid Laminopathies Using Oligonucleotide Analogues Targeting Human 19126894.5. LMNA NIH E–044–2013–1–HK–17. India ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–IN–10 ...... 201847043433. Japan ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–JP–11 ...... 2019–508165. Korea (South) ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–KR–12 ...... 10–2018–7034615. Mexico ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–MX–13 ...... MX/A/2018/013157. New Zealand ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–NZ–14 ...... 747685. Singapore ...... Oligonucleotide Analogues Targeting Human LMNA NIH E–044–2013–1–SG–15 ...... 11201809468X.
The patent rights in these inventions this to the grant of the contemplated applications and/or contract proposals, have been assigned to the Government exclusive patent license. the disclosure of which would of the United States of America, the In response to this Notice, the public constitute a clearly unwarranted University of Maryland, Sarepta may file comments or objections. invasion of personal privacy. Therapeutics, Inc, and the Progeria Comments and objections, other than Name of Committee: National Advisory Research Foundation (PRF), co-owners those in the form of a license Mental Health Council. of said rights, for commercial application, will not be treated Date: August 6, 2021. development and marketing. The rights confidentially, and may be made Time: 3:00 p.m. to 5:00 p.m. to be granted by NHGRI are controlled publicly available. Agenda: To review and evaluate grant by NHGRI by virtue of co-ownership License applications submitted in applications and/or proposals. and a license received to the listed response to this Notice will be Place: National Institutes of Health, intellectual property. The prospective presumed to contain business Neuroscience Center, 6001 Executive confidential information and any release Boulevard, Rockville, MD 20852 (Virtual patent license will be for the purpose of Meeting). consolidating the patent rights to PRF. of information from these license applications will be made only as Contact Person: Tracy Lynn Waldeck, Consolidation of these co-owned rights Ph.D., Director, Division of Extramural is intended to expedite development of required and upon a request under the Activities, National Institute of Mental the invention, consistent with the goals Freedom of Information Act, 5 U.S.C. Health, Neuroscience Center, 6001 Executive of the Bayh-Dole Act codified as 35 552. Boulevard, Room 4133, Rockville, MD 20892, U.S.C. 200–212. The prospective patent Dated: June 29, 2021. (301) 480–6833, [email protected]. license will be worldwide, exclusive, Claire T. Driscoll, Information is also available on the may be limited to those fields of use Director, Technology Transfer Office, Institute’s/Center’s home page: commensurate in scope with the patent National Human Genome Research Institute, www.nimh.nih.gov/about/advisory-boards- rights, and will be sublicensable. National Institutes of Health. and-groups/namhc/index.shtml, where an agenda and any additional information for The subject technology pertains to [FR Doc. 2021–14702 Filed 7–9–21; 8:45 am] the meeting will be posted when available. modified oligonucleotides (called BILLING CODE 4140–01–P (Catalogue of Federal Domestic Assistance phosphorodiamidate morpholino Program No. 93.242, Mental Health Research oligonucleotides or PMOs) targeted to Grants, National Institutes of Health, HHS) DEPARTMENT OF HEALTH AND pre-mRNA of human LMNA Lamin A Dated: July 7, 2021. gene. These PMOs can be used to HUMAN SERVICES Melanie J. Pantoja, correct aberrant splicing of LMNA gene National Institutes of Health known to be involved in Hutchinson- Program Analyst, Office of Federal Advisory Committee Policy. Gilford Progeria Syndrome (HGPS), and National Institute of Mental Health; [FR Doc. 2021–14737 Filed 7–9–21; 8:45 am] could be used in treating this ultra-rare Notice of Closed Meeting disease and related laminopathies. BILLING CODE 4140–01–P Pursuant to section 10(d) of the This notice is made in accordance Federal Advisory Committee Act, as with 35 U.S.C. 209 and 37 CFR part 404. amended, notice is hereby given of a DEPARTMENT OF HEALTH AND The prospective Exclusive Patent meeting of the National Advisory HUMAN SERVICES License will be royalty bearing and may Mental Health Council. be granted unless, within fifteen (15) The meeting will be closed to the National Institutes of Health days from the date of this published public in accordance with the National Heart, Lung, and Blood notice, the NHGRI Technology Transfer provisions set forth in sections Institute; Notice of Closed Meeting Office receives written evidence and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., argument that establishes that the grant as amended. The grant applications Pursuant to section 10(d) of the of the license would not be consistent and/or contract proposals and the Federal Advisory Committee Act, as with the requirements of 35 U.S.C. 209 discussions could disclose confidential amended, notice is hereby given of a and 37 CFR part 404. trade secrets or commercial property meeting of the National Heart, Lung, Complete applications for a license such as patentable material, and and Blood Advisory Council. that are timely filed in response to this personal information concerning The meeting will be closed to the notice will be treated as objections to individuals associated with the grant public in accordance with the
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provisions set forth in sections Dated: July 6, 2021. telephone number and when applicable, the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Tyeshia M. Roberson-Curtis, business or professional affiliation of the interested person. as amended. The grant applications and Program Analyst, Office of Federal Advisory Information is also available on the the discussions could disclose Committee Policy. Institute’s/Center’s home page: confidential trade secrets or commercial [FR Doc. 2021–14738 Filed 7–9–21; 8:45 am] www.nhlbi.nih.gov/meetings/index.htm, property such as patentable material, BILLING CODE 4140–01–P where an agenda and any additional and personal information concerning information for the meeting will be posted individuals associated with the grant when available. applications, the disclosure of which DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance would constitute a clearly unwarranted HUMAN SERVICES Program Nos. 93.233, National Center for invasion of personal privacy. Sleep Disorders Research; 93.837, Heart and National Institutes of Health Name of Committee: National Heart, Lung, Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Blood Advisory Council. National Heart, Lung, and Blood Date: August 24, 2021. and Resources Research, National Institutes Time: 1:00 p.m. to 3:00 p.m. Institute; Notice of Meeting of Health, HHS) Agenda: To review and evaluate grant Pursuant to section 10(a) of the Dated: July 6, 2021. applications. Federal Advisory Committee Act, as David W. Freeman, Place: National Institutes of Health, amended, notice is hereby given of a Program Analyst, Office of Federal Advisory Rockledge II, 6701 Rockledge Drive, Committee Policy. Bethesda, MD 20892 (Virtual Meeting). meeting of the Sleep Disorders Research Contact Person: Laura K. Moen, Ph.D., Advisory Board. [FR Doc. 2021–14699 Filed 7–9–21; 8:45 am] Director, Division of Extramural Research The meeting will be open to the BILLING CODE 4140–01–P Activities, National Heart, Lung, and Blood public, with attendance limited to space Institute, National Institutes of Health, 6705 available. Individuals who plan to Rockledge Drive, Room 206–Q, Bethesda, MD attend and need special assistance, such DEPARTMENT OF HEALTH AND 20892, 301–827–5517, [email protected]. as sign language interpretation or other HUMAN SERVICES Information is also available on the reasonable accommodations, should Institute’s/Center’s home page: notify the Contact Person listed below National Institutes of Health www.nhlbi.nih.gov/meetings/nhlbac/ in advance of the meeting. index.htm, where an agenda and any Prospective Grant of an Exclusive additional information for the meeting will Name of Committee: Sleep Disorders Patent License: RP2 AAV-Based Gene be posted when available. Research Advisory Board. Human Therapy for Ocular Diseases (Catalogue of Federal Domestic Assistance Date: August 5, 2021. and Disorders Including XLRP Program Nos. 93.233, National Center for Time: 12:00 p.m. to 5:00 p.m. Sleep Disorders Research; 93.837, Heart and Agenda: The purpose of this meeting is to AGENCY: National Institutes of Health, Vascular Diseases Research; 93.838, Lung update the Advisory Board and public HHS. stakeholders on the progress of sleep and Diseases Research; 93.839, Blood Diseases ACTION: Notice. and Resources Research, National Institutes circadian research activities across NIH, and of Health, HHS) the activities of professional societies. Place: Virtual-Teleconference and SUMMARY: The National Cancer Institute, Dated: July 6, 2021. Zoomgov. an institute of the National Institutes of David W. Freeman, Telephone Access: 1–666–254–5252 Health, Department of Health and Program Analyst, Office of Federal Advisory (Meeting ID: 160 375 9848 Passcode: 558748). Human Services, is contemplating the Committee Policy. Virtual Access: Meeting ID: 160 375 9848 grant of an Exclusive Patent License to Passcode: 558748, https://nih.zoomgov.com/ [FR Doc. 2021–14698 Filed 7–9–21; 8:45 am] practice the inventions embodied in the j/1603759848?pwd=a1ZzMmdSZTJ4WTh BILLING CODE 4140–01–P Patents and Patent Applications listed OWDBJQlRqbEYvUT09. in the Supplementary Information Contact Person: Marishka Brown, Ph.D., SDRAB Executive Secretary, Director, section of this notice to PTC DEPARTMENT OF HEALTH AND National Center on Sleep Disorders Research, Therapeutics GT, Inc. located in 100 HUMAN SERVICES National Institutes of Health, National Heart, Corporate, Middlesex Business Center, Lung, and Blood Institute, Division of Lung South Plainfield, NJ 07080. National Institutes of Health Diseases, 6705 Rockledge Drive, Suite 407B, DATES: Only written comments and/or Bethesda 20892, 301–435–0199, ncsdr@ Center for Scientific Review; Amended applications for a license which are nih.gov. received by the National Cancer Notice of Meeting Any member of the public interested in presenting oral comments to the committee Institute’s Technology Transfer Center Notice is hereby given of a change in may notify the Contact Person listed on this on or before July 27, 2021 will be the meeting of the Center for Scientific notice at least 10 days in advance of the considered. meeting. Interested individuals and Review Special Emphasis Panel, July 7, ADDRESSES: Requests for copies of the 2021, 9:00 a.m. to July 8, 2021, 7:00 representatives of organizations may submit a letter of intent, a brief description of the patent application, inquiries, and p.m., National Institutes of Health, organization represented, and a short comments relating to the contemplated Rockledge II, 6701 Rockledge Drive, description of the oral presentation. Only one an Exclusive Patent License should be Bethesda, MD 20892 which was representative of an organization may be directed to: Hiba Alsaffar, Ph.D., published in the Federal Register on allowed to present oral comments and if Licensing and Patenting Manager at June 10, 2021, FR Doc 2021–12144, 86 accepted by the committee, presentations (240)-276–5530; or at Email: FR 30965. may be limited to five minutes. Both printed [email protected]. and electronic copies are requested for the This notice is being amended to record. In addition, any interested person SUPPLEMENTARY INFORMATION: change the meeting date from July 7–8, may file written comments with the Intellectual Property 2021 to July 28–29, 2021. The meeting committee by forwarding their statement to time remains the same. The meeting is the Contact Person listed on this notice. The I. United States Provisional Patent closed to the public. statement should include the name, address, Application No. 62/131,661 filed Mar.
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11, 2015, [HHS Ref. No. E–050–2015–0– application, will not be treated Dated: July 6, 2021. US–01]; confidentially, and may be made David W. Freeman, II. International Patent Application publicly available. Program Analyst, Office of Federal Advisory No. PCT/US2016/022072 filed Mar. 11, License applications submitted in Committee Policy. 2015, [HHS Reference No. E–050–2015– response to this Notice will be [FR Doc. 2021–14697 Filed 7–9–21; 8:45 am] 0–PCT–03]; expired presumed to contain business BILLING CODE 4140–01–P III. Australian National Stage Patent confidential information and any release Application No. 2016228751, filed Mar. of information in these license 11, 2016, [HHS Ref. No. E–050–2015–0– applications will be made only as DEPARTMENT OF HEALTH AND AU–04]; pending required and upon a request under the HUMAN SERVICES IV. Canadian National Stage Patent Freedom of Information Act, 5 U.S.C. Application No. 2979229 filed Mar. 11, National Institutes of Health 552. 2016, [HHS Ref. No. E–050–2015–0– CA–05]; pending Dated: July 2, 2021. National Center for Complementary & V. European national Stage Patent Richard U. Rodriguez, Integrative Health; Notice of Meeting Application No. 1662623.3 filed Oct. 11, Associate Director, Technology Transfer Pursuant to section 10(d) of the 2016, [HHS Ref. No. E–050–2015–0–EP– Center, National Cancer Institute. Federal Advisory Committee Act, as 06]; issued (validated in DE, FR and GB) [FR Doc. 2021–14682 Filed 7–9–21; 8:45 am] amended, notice is hereby given of a VI. U.S. national Stage Patent BILLING CODE 4140–01–P meeting of the National Advisory Application No. 15/556,746 filed Sep. 8, Council for Complementary and 2017 [HHS Ref. No. E–050–2015–0–US– Integrative Health. 08]; issued DEPARTMENT OF HEALTH AND The meeting will be closed to the VII. Japanese National Stage Patent HUMAN SERVICES public in accordance with the Application No. 2017–547425 filed Sep. provisions set forth in sections 8, 2017 [HHS Ref. No. E–050–2015–0– National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., JP–07]; pending as amended. The grant applications and VIII. Divisional European Patent Center for Scientific Review; Notice of the discussions could disclose Application No. 20176667.2 filed May Closed Meeting confidential trade secrets or commercial 26, 2020 [HHS Ref. No. E–050–2015–0– property such as patentable material, EP–13]; pending Pursuant to section 10(d) of the and personal information concerning IX. Divisional Japanese Patent Federal Advisory Committee Act, as individuals associated with the grant Application No. 2020–167984 filed Oct. amended, notice is hereby given of the applications, the disclosure of which 2, 2020 [HHS Ref. No. E–050–2015–0– following meeting. would constitute a clearly unwarranted JP–14]; pending The meeting will be closed to the invasion of personal privacy. The patent rights in these inventions public in accordance with the The meeting will be held as a virtual have been assigned and/or exclusively provisions set forth in sections meeting and is open to the public as licensed to the government of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., indicated below. Individuals who plan United States of America. as amended. The grant applications and to view the virtual meeting and need The prospective exclusive license the discussions could disclose special assistance or other reasonable territory may be worldwide, and the confidential trade secrets or commercial accommodations, should notify the field of use may be limited to: Contact Person listed below in advance ‘‘Development and commercialization property such as patentable material, and personal information concerning of the meeting. The Open Session will of RP2 AAV-based gene human therapy be open to the public via NIH Videocast. for any ocular disease, disorder or individuals associated with the grant applications, the disclosure of which The URL link to access this meeting is condition, including human X-linked https://videocast.nih.gov. retinitis pigmentosa (XLRP)’’. would constitute a clearly unwarranted This technology discloses Adeno- invasion of personal privacy. Name of Committee: National Advisory Council for Complementary and Integrative Associated Viral (AAV) vectors Name of Committee: Center for Scientific Health. Review Special Emphasis Panel; Member comprising nucleotide sequences Date: September 10, 2021. encoding RP2 or RPGR- ORF 15 Conflict: Motor function in healthy and Closed: 10:00 a.m. to 11:30 a.m. transgenes and their use in treating or clinical populations. Agenda: To review and evaluate grant preventing X-linked forms of retinitis Date: August 3, 2021. applications. pigmentosa (XLRP). Time: 1:00 p.m. to 6:00 p.m. Place: National Institutes of Health, This notice is made in accordance Agenda: To review and evaluate grant Democracy 2, 6707 Democracy Boulevard, with 35 U.S.C. 209 and 37 CFR part 404. applications. Bethesda, MD 20817 (Virtual Meeting). The prospective exclusive license will Place: National Institutes of Health, Open: 11:40 a.m. to 5:00 p.m. Agenda: A report from the Director of the be royalty bearing, and the prospective Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). Center and Other Staff. exclusive license may be granted unless Contact Person: Maribeth Champoux, Place: National Institutes of Health, within fifteen (15) days from the date of Ph.D., Scientific Review Officer, Center for Democracy 2, 6707 Democracy Boulevard, this published notice, the National Scientific Review, National Institutes of Bethesda, MD 20817 (Virtual Meeting). Cancer Institute receives written Health, 6701 Rockledge Drive, Room 3170, Contact Person: Partap Singh Khalsa, Ph.D., DC, Director, Division of Extramural evidence and argument that establishes MSC 7848, Bethesda, MD 20892, 301–594– that the grant of the license would not Activities, National Center for 3163, [email protected]. Complementary and Integrative Health, be consistent with the requirements of (Catalogue of Federal Domestic Assistance National Institutes of Health, 6707 35 U.S.C. 209 and 37 CFR part 404. Program Nos. 93.306, Comparative Medicine; Democracy Blvd., Suite 401, Bethesda, MD In response to this Notice, the public 93.333, Clinical Research, 93.306, 93.333, 20892–5475, 301–594–3462, khalsap@ may file comments or objections. 93.337, 93.393–93.396, 93.837–93.844, mail.nih.gov. Comments and objections, other than 93.846–93.878, 93.892, 93.893, National Any interested person may file written those in the form of a license Institutes of Health, HHS) comments with the committee by forwarding
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the statement to the Contact Person listed on Intellectual Property License applications submitted in this notice. The statement should include the response to this Notice will be The following and all continuing U.S. name, address, telephone number and when presumed to contain business and foreign patents/patent applications applicable, the business or professional confidential information and any release affiliation of the interested person. Any thereof are the intellectual properties to of information in these license member of the public may submit written be licensed under the prospective applications will be made only as comments no later than 15 days after the agreement to YEDA: PCT Patent required and upon a request under the meeting. Application PCT/IL2020/050708, filed Information is also available on the Freedom of Information Act, 5 U.S.C. June 24, 2020 and entitled ‘‘High ASS1 Institute’s/Center’s home page: https:// 552. www.nccih.nih.gov/news/events/advisory- Expressing Tumors Embody A Purine Dated: July 6, 2021. council-78th-meeting, where an agenda and Rich Genomic Signature And Sensitivity any additional information for the meeting To Purine Depletion’’ [HHS Reference Richard U. Rodriguez, will be posted when available. No. E–210–2020–0–PCT–01]. Associate Director, Technology Transfer (Catalogue of Federal Domestic Assistance The patent rights in these inventions Center, National Cancer Institute. Program Nos. 93.213, Research and Training have been assigned to the Government [FR Doc. 2021–14681 Filed 7–9–21; 8:45 am] in Complementary and Alternative Medicine, of the United States of America and BILLING CODE 4140–01–P National Institutes of Health, HHS) YEDA. The prospective license will be Dated: July 7, 2021. for the purpose of consolidating the Tyeshia M. Roberson-Curtis, patent rights to YEDA, one of the co- DEPARTMENT OF HEALTH AND HUMAN SERVICES Program Analyst, Office of Federal Advisory owners of said rights, for commercial development and marketing. Committee Policy. National Institutes of Health [FR Doc. 2021–14739 Filed 7–9–21; 8:45 am] Consolidation of these co-owned rights BILLING CODE 4140–01–P is intended to expedite development of Notice To Announce Request for the invention, consistent with the goals Information (RFI) Inviting Input on the of the Bayh-Dole Act codified as 35 ICCFASD 2022–2026 Strategic Plan DEPARTMENT OF HEALTH AND U.S.C. 200–212. Outline HUMAN SERVICES The prospective patent license will be worldwide, exclusive, and may be AGENCY: National Institutes of Health, National Institutes of Health limited to those fields of use HHS. commensurate in scope with the patent ACTION: Notice. Prospective Grant of an Exclusive rights. It will be sublicensable, and any Patent License: High ASS1 Expressing sublicenses granted by YEDA will be SUMMARY: The Interagency Coordinating Tumors Embody a Purine Rich subject to the provisions of 37 CFR parts Committee on Fetal Alcohol Spectrum Genomic Signature and Sensitivity to 401 and 404. Disorders (ICCFASD) is developing an Purine Depletion updated strategic plan to guide its This technology discloses methods of efforts over the next five years. As AGENCY: National Institutes of Health, treating a high argininosuccinate sponsor and chair of the ICCFASD, the HHS. synthase (ASS1) expressing solid tumor National Institute on Alcohol Abuse and ACTION: Notice. with a combination of a purine synthase Alcoholism (NIAAA) will be issuing a inhibitor or an agent that increases the Request for Information to seek SUMMARY: The National Cancer Institute pyrimidine to purine ratio in a cell, and comments on the draft outline of the (NCI), an institute of the National an immune-modulating drug, such as a ICCFASD’s 2022–2026 Strategic Plan Institutes of Health, Department of checkpoint inhibitor. Health and Human Services, is from diverse stakeholders, including This notice is made in accordance scientific experts, health care providers, contemplating the grant of an exclusive, with 35 U.S.C. 209 and 37 CFR part 404. sublicensable patent license to Yeda patients and family members, advocacy The prospective exclusive license will groups, other federal agencies, and non- Research & Development Co, Ltd include terms for the sharing of royalty (‘‘YEDA’’), the technology transfer governmental scientific, professional, income with NCI from commercial and healthcare organizations. company of the Weizmann Institute of sublicenses of the patent rights. The Science, a non-profit research prospective exclusive license may be DATES: Comments must be received by institution located in Rehovot, Israel for granted unless within fifteen (15) days August 31, 2021, to ensure NCI’s rights to the patent applications from the date of this published notice, consideration. Responses will be listed in the Supplementary Information the National Cancer Institute receives reviewed by ICCFASD members and section of this notice. written evidence and argument that considered during the development of DATES: Only written comments and/or establishes that the grant of the license the 2022–2026 Strategic Plan. applications for a license which are would not be consistent with the ADDRESSES: To view and comment on received by the National Cancer requirements of 35 U.S.C. 209 and 37 the strategic plan outline, please visit Institute’s Technology Transfer Center CFR part 404. our online response form: RFI online on or before July 27, 2021 will be Complete applications for a license response form. considered. that are timely filed in response to this FOR FURTHER INFORMATION CONTACT: ADDRESSES: Requests for copies of the notice will be treated as objections to Tatiana Balachova, ICCFASD Executive patent application, inquiries, and the grant of the contemplated exclusive Secretary, National Institute on Alcohol comments relating to the contemplated patent license. In response to this Abuse and Alcoholism, NIH, 6700B exclusive patent license should be Notice, the public may file comments or Rockledge Drive, Bethesda, MD 20817. directed to: Kevin W. Chang, Ph.D., objections. Comments and objections, Phone: 301–443–5726, Email: NIAAA- Senior Licensing and Patenting Manager other than those in the form of a license [email protected]. at Telephone: (240)–276–6910 or at application, will not be treated SUPPLEMENTARY INFORMATION: In Email: [email protected]. confidentially, and may be made accordance with the 21st Century Cures SUPPLEMENTARY INFORMATION: publicly available. Act, NIH institutes are required to
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regularly update their strategic plans. submitted via the Federal eRulemaking (1) Evaluate whether the proposed The Interagency Coordinating Portal website at http:// collection of information is necessary Committee on Fetal Alcohol Spectrum www.regulations.gov under e-Docket ID for the proper performance of the Disorders (ICCFASD) fosters improved number USCIS–2006–0062. All functions of the agency, including communication, cooperation, and submissions received must include the whether the information will have collaboration among disciplines and OMB Control Number 1615–0046 in the practical utility; federal agencies that address health, body of the letter, the agency name and (2) Evaluate the accuracy of the education, developmental disabilities, Docket ID USCIS–2006–0062. agency’s estimate of the burden of the alcohol research, and social services and FOR FURTHER INFORMATION CONTACT: proposed collection of information, justice issues related to prenatal alcohol USCIS, Office of Policy and Strategy, including the validity of the exposure. The ICCFASD envisions that Regulatory Coordination Division, methodology and assumptions used collaborative partnerships, using the Samantha Deshommes, Chief, (3) Enhance the quality, utility, and resources of the federal government in Telephone number (240) 721–3000 clarity of the information to be partnership with other organizations, (This is not a toll-free number; collected; and will lead to improved prevention of comments are not accepted via (4) Minimize the burden of the prenatal alcohol exposure, earlier telephone message.). Please note contact collection of information on those who identification and improved information provided here is solely for are to respond, including through the surveillance of fetal alcohol spectrum questions regarding this notice. It is not use of appropriate automated, disorders (FASD), and more effective for individual case status inquiries. electronic, mechanical, or other interventions and services for Applicants seeking information about technological collection techniques or individuals living with FASD as well as the status of their individual cases can other forms of information technology, their families. ICCFASD is sponsored check Case Status Online, available at e.g., permitting electronic submission of and chaired by the National Institute on the USCIS website at http:// responses. Alcohol Abuse and Alcoholism. www.uscis.gov, or call the USCIS Overview of This Information Vicki E. Buckley, Contact Center at (800) 375–5283; TTY Collection Associate Director of Administration, (800) 767–1833. National Institute on Alcohol Abuse and SUPPLEMENTARY INFORMATION: (1) Type of Information Collection Alcoholism, National Institutes of Health. Request: Extension, Without Change, of Comments a Currently Approved Collection. [FR Doc. 2021–14689 Filed 7–9–21; 8:45 am] (2) Title of the Form/Collection: BILLING CODE 4140–01–P The information collection notice was previously published in the Federal Interagency Alien Witness and Register on March 16, 2021, at 86 FR Informant Record. (3) Agency form number, if any, and DEPARTMENT OF HOMELAND 14468, allowing for a 60-day public the applicable component of the DHS SECURITY comment period. USCIS did not receive any comments in connection with the sponsoring the collection: I–854A and I– U.S. Citizenship and Immigration 60-day notice. 854B; USCIS. Services You may access the information (4) Affected public who will be asked collection instrument with instructions, or required to respond, as well as a brief [OMB Control Number 1615–0046] or additional information by visiting the abstract: Primary: Federal Government. The Form I–854 will enable the U.S. Agency Information Collection Federal eRulemaking Portal site at: Immigration and Customs Enforcement Activities; Extension, Without Change, http://www.regulations.gov and enter (ICE) to fulfill those responsibilities. A of a Currently Approved Collection: USCIS–2006–0062 in the search box. law enforcement agency may request S Interagency Alien Witness and The comments submitted to USCIS via nonimmigrant classification for an Informant Record this method are visible to the Office of Management and Budget and comply essential witness or informant by AGENCY: U.S. Citizenship and with the requirements of 5 CFR completing this form, which requires Immigration Services, Department of 1320.12(c). All submissions will be certifications by both the law Homeland Security. posted, without change, to the Federal enforcement agency (e.g., that it will ACTION: 30-Day notice. eRulemaking Portal at http:// collect the alien’s statutorily-required www.regulations.gov, and will include quarterly reports and oversee the alien’s SUMMARY: The Department of Homeland any personal information you provide. departure, if that becomes necessary) Security (DHS), U.S. Citizenship and Therefore, submitting this information and the alien. The law enforcement Immigration Services (USCIS) will be makes it public. You may wish to agency files a properly completed Form submitting the following information consider limiting the amount of I–854 with the Criminal Division, collection request to the Office of personal information that you provide Department of Justice, which may Management and Budget (OMB) for in any voluntary submission you make certify the law enforcement agency review and clearance in accordance to DHS. DHS may withhold information request to the U.S. Citizenship and with the Paperwork Reduction Act of provided in comments from public Immigration Services (USCIS). 1995. The purpose of this notice is to viewing that it determines may impact (5) An estimate of the total number of allow an additional 30 days for public the privacy of an individual or is respondents and the amount of time comments. offensive. For additional information, estimated for an average respondent to DATES: Comments are encouraged and please read the Privacy Act notice that respond: The estimated total number of will be accepted until August 11, 2021. is available via the link in the footer of respondents for the information ADDRESSES: Written comments and/or http://www.regulations.gov. collection I–854A is 10 and the suggestions regarding the item(s) Written comments and suggestions estimated hour burden per response is contained in this notice, especially from the public and affected agencies 3 hours. The estimated total number of regarding the estimated public burden should address one or more of the respondents for the information and associated response time, must be following four points: collection I–854B is 30 and the
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estimated hour burden per response is https://www.regulations.gov under e- electronic, mechanical, or other 1 hour. Docket ID number USCIS–2008–0037. technological collection techniques or (6) An estimate of the total public FOR FURTHER INFORMATION CONTACT: other forms of information technology, burden (in hours) associated with the USCIS, Office of Policy and Strategy, e.g., permitting electronic submission of collection: The total estimated annual Regulatory Coordination Division, responses. hour burden associated with this Samantha Deshommes, Chief, telephone Overview of This Information collection is 60 hours. number (240) 721–3000 (This is not a Collection (7) An estimate of the total public toll-free number. Comments are not burden (in cost) associated with the accepted via telephone message). Please (1) Type of Information Collection: collection: The estimated total annual note contact information provided here Revision of a Currently Approved Collection. cost burden associated with this is solely for questions regarding this (2) Title of the Form/Collection: collection of information is $0. notice. It is not for individual case Notice of Entry of Appearance as Dated: July 6, 2021. status inquiries. Applicants seeking Attorney or Accredited Representative. Jerry L Rigdon, information about the status of their (3) Agency form number, if any, and Deputy Chief, Regulatory Coordination individual cases can check Case Status the applicable component of the DHS Division, Office of Policy and Strategy, U.S. Online, available at the USCIS website sponsoring the collection: G–28; G–28I; Citizenship and Immigration Services, at https://www.uscis.gov, or call the USCIS. Department of Homeland Security. USCIS Contact Center at 800–375–5283 (4) Affected public who will be asked [FR Doc. 2021–14707 Filed 7–9–21; 8:45 am] (TTY 800–767–1833). or required to respond, as well as a brief BILLING CODE 9111–97–P SUPPLEMENTARY INFORMATION: abstract: Primary: Business or other for- Comments profit. The data collected via the G–28 and G–28I is used by DHS to determine DEPARTMENT OF HOMELAND You may access the information eligibility of the individual to appear as SECURITY collection instrument with instructions a representative. Form G–28 is used by or additional information by visiting the attorneys admitted to practice in the U.S. Citizenship and Immigration Federal eRulemaking Portal site at: United States and accredited Services https://www.regulations.gov and representatives of certain non-profit [OMB Control Number 1615–0105] entering USCIS–2008–0037 in the organizations recognized by the search box. All submissions will be Department of Justice. Form G–28I is Agency Information Collection posted, without change, to the Federal used by attorneys admitted to the Activities; Revision of a Currently eRulemaking Portal at https:// practice of law in countries other than Approved Collection: Notice of Entry www.regulations.gov, and will include the United States and only in matters in of Appearance as Attorney or any personal information you provide. DHS offices outside the geographical Accredited Representative Therefore, submitting this information confines of the United States. If the makes it public. You may wish to representative is eligible, the form is AGENCY: U.S. Citizenship and consider limiting the amount of filed with the case and the information Immigration Services, Department of personal information that you provide Homeland Security. is entered into DHS systems. in any voluntary submission you make (5) An estimate of the total number of ACTION: 60-Day notice. to DHS. DHS may withhold information respondents and the amount of time provided in comments from public estimated for an average respondent to SUMMARY: The Department of Homeland viewing that it determines may impact Security (DHS), U.S. Citizenship and respond: The estimated total number of the privacy of an individual or is respondents for the information Immigration Services (USCIS) invites offensive. For additional information, the general public and other Federal collection G–28 is 3,429,825 and the please read the Privacy Act notice that estimated hour burden per response is agencies to comment upon this is available via the link in the footer of proposed revision of a currently 0.833 hours. The estimated total number https://www.regulations.gov. of respondents for the information approved collection of information. In Written comments and suggestions accordance with the Paperwork collection G–28 online filing is 281,950 from the public and affected agencies and the estimated hour burden per Reduction Act (PRA) of 1995, the should address one or more of the information collection notice is response is 0.667 hours. The estimated following four points: total number of respondents for the published in the Federal Register to (1) Evaluate whether the proposed obtain comments regarding the nature of information collection G–28I is 25,057 collection of information is necessary and the estimated hour burden per the information collection, the for the proper performance of the categories of respondents, the estimated response is 0.700 hours. functions of the agency, including (6) An estimate of the total public burden (i.e. the time, effort, and whether the information will have burden (in hours) associated with the resources used by the respondents to practical utility; collection: The total estimated annual respond), the estimated cost to the (2) Evaluate the accuracy of the hour burden associated with this respondent, and the actual information agency’s estimate of the burden of the collection is 3,062,645 hours. collection instruments. proposed collection of information, (7) An estimate of the total public DATES: Comments are encouraged and including the validity of the burden (in cost) associated with the will be accepted for 60 days until methodology and assumptions used; collection: The estimated total annual September 10, 2021. (3) Enhance the quality, utility, and cost burden associated with this ADDRESSES: All submissions received clarity of the information to be collection of information is $0. Any must include the OMB Control Number collected; and costs associated with this collection of 1615–0105 in the body of the letter, the (4) Minimize the burden of the information are included in the cost of agency name and Docket ID USCIS– collection of information on those who the primary forms with which Form G– 2008–0037. Submit comments via the are to respond, including through the 28 (paper or online) or Form G–28I is Federal eRulemaking Portal website at use of appropriate automated, filed.
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Dated: July 6, 2021. by phone at 505–761–4781, by email at quantitative delisting criteria, a list of Jerry L Rigdon, [email protected], or via the Federal prioritized recovery actions, and the Deputy Chief, Regulatory Coordination Relay Service at 800–877–8339 for TTY estimated time and cost to recovery Division, Office of Policy and Strategy, U.S. service. (Service 2020a). The separate recovery Citizenship and Immigration Services, SUPPLEMENTARY INFORMATION: We, the implementation strategy document Department of Homeland Security. U.S. Fish and Wildlife Service (Service), further describes in detail the specific [FR Doc. 2021–14706 Filed 7–9–21; 8:45 am] announce the availability of our draft activities needed to implement the BILLING CODE 9111–97–P revised recovery plan for the Gila trout recovery actions (Service 2020b). (Oncorhynchus gilae), listed as Summary of Species Information threatened under the Endangered DEPARTMENT OF THE INTERIOR Species Act of 1973, as amended (ESA; Gila trout are endemic to mountain 16 U.S.C. 1531 et seq.). Gila trout are streams within the Gila, San Francisco, Fish and Wildlife Service endemic to mountain streams in the Agua Fria, and Verde River drainages in [Docket No. FWS–R2–ES–2020–0040; Gila, San Francisco, Agua Fria, and New Mexico and Arizona. Although FXES11130200000–201–FF02ENEH00] Verde River drainages in New Mexico Gila trout were documented to occur in and Arizona. The draft revised recovery the upper Gila River basin since at least Endangered and Threatened Wildlife plan includes site-specific management 1885, the species was not described and Plants; Draft Revised Recovery actions and objective, measurable until 1950, by which time its Plan for Gila Trout criteria that, when met, will enable us distribution had been dramatically reduced. On March 11, 1967, we listed AGENCY: Fish and Wildlife Service, to remove the Gila trout from the list of the Gila trout as endangered under the Interior. endangered and threatened wildlife. We request review and comment on this Federal Endangered Species ACTION: Notice of availability; request plan from local, State, and Federal Preservation Act of 1966 (32 FR 4001). for comment. agencies; Tribes; and the public. We The Gila trout’s endangered status was SUMMARY: We, the U.S. Fish and will also accept any new information on continued under the Endangered Wildlife Service, announce the the status of the Gila trout throughout Species Act of 1973, and we reclassified availability of our draft revised recovery its range to assist in finalizing the it as a threatened species on July 18, plan for the Gila trout, listed as recovery plan. 2006, with a special rule under section 4(d) of the ESA (71 FR 40657). threatened under the Endangered Background Species Act. This fish species is Gila trout are readily identified by endemic to mountain streams within the Recovery of endangered or threatened their iridescent gold sides, which blend upper Gila River basin in New Mexico animals and plants to the point where to a darker shade of copper on the and Arizona. We provide this notice to they are again secure, self-sustaining opercles (bony plates surrounding the seek comments from the public and members of their ecosystems is a gills). Spots on the body are small and Federal, Tribal, State, and local primary goal of our endangered species profuse, generally occurring above the governments. program and the ESA. Recovery means lateral line and extending onto the head, improvement of the status of listed dorsal fin, and caudal fin. These spots DATES: We must receive written species to the point at which listing is are irregularly shaped on the sides and comments on or before September 10, no longer appropriate under the criteria increase in size dorsally. A few 2021. set out in section 4(a)(1) of the ESA. The scattered spots are sometimes present ADDRESSES: ESA requires the development of on the anal fin, and the adipose fin is Reviewing Documents: You may recovery plans for listed species, unless typically large and well spotted. Dorsal, obtain a copy of the draft revised such a plan would not promote the pelvic, and anal fins have a white to recovery plan and recovery conservation of a particular species. The yellowish tip that may extend along the implementation strategy in Docket No. Service approved the original recovery leading edge of the pelvic fins. A yellow FWS–R2–ES–2020–0040 at http:// plan for the Gila trout on January 12, cutthroat mark is present on most www.regulations.gov. 1979 (Service 1979), with subsequent mature specimens. Parr marks (vertical Submitting Comments: You may revisions approved on January 3, 1984 bars present when trout are less than a submit comments by one of the (Service 1984), December 8, 1993 year old) are commonly retained by following methods: (Service 1993), and August 19, 2003 adults, and a faint, salmon-pink band is • Federal eRulemaking Portal: http:// (Service 2003). also present on adults, particularly www.regulations.gov. Follow the This draft revised recovery plan for during spawning season, when the instructions for submitting comments the Gila trout represents the fourth normally white belly may be streaked on Docket No. FWS–R2–ES–2020–0040. revision and considers updated with yellow or reddish orange. • U.S.: Public Comments Processing; information on genetics, population Spawning of Gila trout occurs mainly in Attn: Docket No. FWS–R2–ES–2019– status, and threats (principally wildfire April and begins when water 0040; U.S. Fish and Wildlife Service effects and hybridization) in the temperatures reach about 8 °C (46 °F), Headquarters, MS: PRB/3W; 5275 development of revised recovery but day length may also be an important Leesburg Pike, Falls Church, VA 22041– objectives, criteria, and actions. We cue. Gila trout fry [20 to 25 millimeters 3803. used a streamlined approach to recovery (mm), or 0.8 to 1.0 inches (in) total For additional information about planning and implementation for the length] emerge in 56 to 70 days. Females submitting comments, see Request for Gila trout by preparing separate reach maturity between two to four Public Comments and Public recovery plan and recovery years after hatching, and males typically Availability of Comments under implementation strategy documents. reach maturity at two or three years. SUPPLEMENTARY INFORMATION. The information in the draft recovery Most individuals are mature at a length FOR FURTHER INFORMATION CONTACT: plan provides the biological of 150 mm (6 in) or greater, and live five Shawn Sartorius, Field Supervisor, New background, a threats assessment, a years. Thus, the majority of adult female Mexico Ecological Services Field Office, strategy for recovery of the Gila trout, Gila trout spawn only twice before
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dying, and most adult males only spawn lineage). Recently, the Spruce Creek and throughout the historical range of the three or four times before dying. Whiskey Creek lineages each lost a Gila trout, populations that contain the Gila trout require perennial population following large-scale, high- breadth of genetic diversity of the streamflow and coldwater aquatic severity wildfires in 2011 and 2012, species. The recovery strategy for the habitats with unimpaired water quality respectively. Gila trout will entail incremental to maintain persistent, viable For Gila trout to be able to sustain replacement of nonnative salmonids populations. Flow regimes vary populations in the wild over time with Gila trout in suitable habitat depending on the site-specific (viability), the species requires throughout a significant portion of the characteristics of stream reaches (e.g., combinations of sufficiently large, historical range of the species. This stream gradient, seepage, substrate healthy populations that, where strategy will be implemented by composition, channel dimensions, and possible, have connectivity to dendritic conducting actions to substantially watershed hydrology). Suitable water stream networks to maintain adequate improve redundancy, representation, temperature regimes are characterized population sizes and genetic variation. and resiliency to the point that the by maximum water temperatures that do Dendritic stream networks provide Gila species is no longer at risk for extinction not exceed approximately 20 °C (68 °F) trout with access to suitable habitat and may be delisted. Recovery for six or more consecutive hours in a enabling the species to respond to objectives include securing the existing 24-hour period on more than three changes in their biological and physical genetic diversity of Gila trout, consecutive days, and maximum environment (representation), increasing the geographic distribution of temperature that do not exceed 24 °C environmental stochasticity (resiliency), the species, and increasing the size, (77 °F). Suitable water quality for Gila and catastrophic events (redundancy). dendritic population structure, and trout is characterized by high dissolved Few, if any, extant populations of Gila interconnectedness of populations. The oxygen concentration, low turbidity and trout are large enough to survive revised recovery plan provides recovery conductivity, low levels of total extremes in environmental conditions, criteria aimed at managing or dissolved solids, near-neutral pH, and and the existing genetic diversity of the eliminating threats to meet the goal of low conductivity. In addition to species is limited to five remnant delisting the species. These recovery perennial stream flow and suitable lineages. Recovery actions implemented criteria are based on the area of water temperature and water quality, to date have increased the number of occupied habitat within the Gila trout’s Gila trout require a diversity of habitats populations of Gila trout; however, the presumed historical range, the sufficient to sustain all life stages of the spatial distribution of populations is conservation of genetically distinct Gila species (i.e., eggs, fry, juveniles, and constrained by the patchy distribution trout lineages, the establishment of adults). This includes suitable spawning and geographic isolation of cold-water dendritic metapopulations, and the habitat, habitat where fry can find streams, many of which are single- absence and management of nonnative shelter and food, and areas suitable for stream systems that are relatively small. salmonids within Gila trout habitat. The occupancy by juvenile and adult Gila Significant factors affecting the viability site-specific management actions trout. Sufficient pool habitat and of Gila trout include habitat loss and needed to address the threats to Gila spawning habitat are likely the two most fragmentation (Factor A) that result from trout viability and achieve the recovery important habitat features with respect large-scale, high-severity wildfire and criteria involve: (1) Repatriation of Gila to Gila trout population persistence. the effects of climate change; trout to streams within its presumed Fragmentation of the historical unregulated angling (Factor B); historical range; (2) establishment and distribution of Gila trout has resulted in predation and competition from maintenance of captive propagation and several populations confined to small, nonnative fish that are naturalized hatchery facilities; (3) management of isolated habitats throughout the range of throughout the Gila trout’s historical nonnative salmonids; (4) monitoring of the species. Collections from streams in range (Factor C); and hybridization with Gila trout populations; (5) conducting the upper Gila River Basin and San rainbow trout (Oncorhynchus mykiss) public education and outreach; and (6) Francisco River Basin, along with and small, isolated population sizes developing and implementing genetic analyses, indicate that five (Factor E). regulations to maintain sustainable Gila lineages of Gila trout exist: Main Recovery Plan Goals trout populations in streams open to Diamond Creek, South Diamond Creek, sport fishing. Whiskey Creek, Spruce Creek, and Iron The objective of a recovery plan is to Creek. The distribution of these lineages provide a framework for the recovery of Request for Public Comments has fluctuated since 1975, when only a species so that protection under the Section 4(f) of the ESA requires us to five remnant populations (i.e., a self- ESA is no longer necessary. A recovery provide public notice and an sustaining group of Gila trout inhabiting plan includes scientific information opportunity for public review and a single stream) were known. Currently, about the species and provides criteria comment during recovery plan there are 17 extant populations of Gila and actions necessary for us to be able development. It is also our policy to trout inhabiting approximately 137.5 km to reclassify the species to threatened request peer review of recovery plans (85.2 mi) of stream habitat. These status or remove it from the lists of (July 1, 1994; 59 FR 34270). In an include five populations of the Main endangered and threatened wildlife and appendix to the approved recovery plan, Diamond Creek lineage, four plants. Recovery plans help guide our we will summarize and respond to the populations of the South Diamond recovery efforts by describing actions issues raised by the public and peer Creek lineage, three populations of the we consider necessary for the species’ reviewers. Substantive comments may Whiskey Creek lineage, two populations conservation, and by estimating time or may not result in changes to the of the Spruce Creek lineage, two and costs for implementing needed recovery plan; comments regarding populations of the Iron Creek lineage, recovery measures. recovery plan implementation will be and one population (Dude Creek), In this revised recovery plan, we forwarded as appropriate to Federal or which is considered a mixed-lineage transition from a strategy of crisis- other entities so that they can be taken population (i.e., a stream or management focused on preventing into account during the course of metapopulation that contains multiple extinction to an approach of implementing recovery actions. lineages of Gila trout, instead of a single establishing sustainable populations Responses to individual commenters
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will not be provided, but we will DATES: Interested persons are invited to Data on all Service award actions are provide a summary of how we submit comments on or before August available at https:// addressed substantive comments in an 11, 2021. www.usaspending.gov/. Data on the appendix to the approved recovery plan. ADDRESSES: Written comments and Service’s foreign assistance authorities We invite written comments on the recommendations for the proposed and activities are available at https:// draft recovery plan. In particular, we are information collection should be sent www.foreignassistance.gov/. The interested in additional information within 30 days of publication of this Service also issues press releases for a regarding the current threats to the notice to www.reginfo.gov/public/do/ wide variety of financial assistance species and the implementation of the PRAMain. Find this particular programs. The Wildlife and Sport Fish recommended recovery actions. information collection by selecting Restoration Program routinely issues ‘‘Currently under Review—Open for press releases for the mandatory formula Public Availability of Comments Public Comments’’ or by using the grants to States awarded under the All comments received, including search function. Please provide a copy Pittman-Robertson Wildlife Restoration names and addresses, will become part of your comments to the Service Act and the Dingell-Johnson Sport Fish of the administrative record and will be Information Collection Clearance Restoration Act. The public can access available to the public. Before including Officer, U.S. Fish and Wildlife Service, Service press release archives at https:// your address, phone number, email MS: PRB (JAO/3W), 5275 Leesburg Pike, www.fws.gov/news/. address, or other personal identifying Falls Church, VA 22041–3803 (mail); or As part of our continuing effort to information in your comment, you by email to [email protected]. Please reduce paperwork and respondent should be aware that your entire reference OMB Control Number 1018– burdens, we are again soliciting comment—including your personal 0100 in the subject line of your comments from the public and other identifying information—may be made comments. Federal agencies on the proposed ICR that is described below. We are publicly available. If you submit a FOR FURTHER INFORMATION CONTACT: especially interested in public comment hardcopy comment that includes Madonna L. Baucum, Service addressing the following: personal identifying information, you Information Collection Clearance (1) Whether or not the collection of may request at the top of your document _ Officer, by email at Info [email protected], information is necessary for the proper that we withhold this information from or by telephone at (703) 358–2503. performance of the functions of the public review. However, we cannot Individuals who are hearing or speech agency, including whether or not the guarantee that we will be able to do so. impaired may call the Federal Relay information will have practical utility; Service at 1–800–877–8339 for TTY Authority (2) The accuracy of our estimate of the assistance. You may also view the burden for this collection of We developed our draft recovery plan information collection request (ICR) at information, including the validity of and publish this notice under the http://www.reginfo.gov/public/do/ the methodology and assumptions used; authority of section 4(f) of the PRAMain. (3) Ways to enhance the quality, Endangered Species Act of 1973, as SUPPLEMENTARY INFORMATION: In utility, and clarity of the information to amended (16 U.S.C. 1531 et seq.). accordance with the Paperwork be collected; and Amy L. Lueders, Reduction Act of 1995 (PRA, 44 U.S.C. (4) How might the agency minimize Regional Director, Southwest Region, U.S. 3501 et seq.) and 5 CFR 1320.8(d)(1), we the burden of the collection of Fish and Wildlife Service. provide the general public and other information on those who are to respond, including through the use of [FR Doc. 2021–14733 Filed 7–9–21; 8:45 am] Federal agencies with an opportunity to comment on new, proposed, revised, appropriate automated, electronic, BILLING CODE 4333–55–P and continuing collections of mechanical, or other technological information. This helps us assess the collection techniques or other forms of DEPARTMENT OF THE INTERIOR impact of our information collection information technology, e.g., permitting requirements and minimize the public’s electronic submission of response. Fish and Wildlife Service reporting burden. It also helps the Comments that you submit in public understand our information response to this notice are a matter of [FWS–HQ–WSFR–2021–N161; collection requirements and provide the public record. Before including your FF09W25000–212–FXGO166409WSFR0; requested data in the desired format. address, phone number, email address, OMB Control Number 1018–0100] On October 9, 2020, we published in or other personal identifying the Federal Register (85 FR 64158) a information in your comment, you Agency Information Collection notice of our intent to request that OMB should be aware that your entire Activities; Submission to the Office of approve this information collection. In comment—including your personal Management and Budget for Review that notice, we solicited comments for identifying information—may be made and Approval; Administrative 60 days, ending on December 8, 2020. publicly available at any time. While Procedures for U.S. Fish and Wildlife We received one comment in response you can ask us in your comment to Service Financial Assistance Programs to the notice that did not address the withhold your personal identifying information collection requirements. information from public review, we AGENCY: Fish and Wildlife Service, The commenter expressed general cannot guarantee that we will be able to Interior. concerns about lack of transparency in do so. ACTION: Notice of information collection; Federal financial assistance funding, Abstract: We issue financial request for comment. specifically funding awarded to a State assistance through grants and fish and game agency and foreign cooperative agreement awards to SUMMARY: In accordance with the assistance. The Service complies with individuals; commercial organizations; Paperwork Reduction Act of 1995, we, all Federal financial assistance public institutions of higher education; the U.S. Fish and Wildlife Service, are transparency requirements. Data on all nonprofit organizations; foreign entities; proposing to renew an information Service financial assistance programs and State, local, and Tribal collection with revisions. are available at https://beta.sam.gov/. governments. The Service administers a
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wide variety of financial assistance assistance programs, and supports this Æ Detail on costs requiring prior programs, authorized by Congress to information collection. approval, address the Service’s mission, as listed The Service provides technical and Æ Indirect cost statement, in the System for Award Management financial assistance to other Federal Æ Federally funded equipment list, (SAM) Assistance Listings, previously agencies, States, local governments, and/or referred to as the Catalog of Federal Native American tribes, Æ Certifications and disclosures. Domestic Assistance. SAM provides nongovernmental organizations, citizen B. Amendments: Recipients must public descriptions of assistance listings groups, and private landowners for the provide written explanation and submit of Federal programs, projects, services, conservation and management of fish prior approval requests for budget or and activities that provide assistance or and wildlife resources. The process project plan revisions, reporting due benefits to the American public. It begins with the submission of an date extensions, or other changes to contains financial and non-financial application. The respective program approved award terms and conditions. assistance programs administered by reviews and prioritizes proposed The information provided by the departments and establishments of the projects based on their respective recipient is used by the Service to Federal government. The Assistance project selection criteria. Pending determine the eligibility and Listings are assigned unique numbers availability of funding, applicants allowability of activities and to comply and provide information on program submit their application documents to with the requirements of 2 CFR part types, the specific type of assistance for the Service through the Federal 200. each program, and the applicable Grants.gov website or through the C. Reporting Requirements: Reporting financial assistance authorities for each Department’s grants management requirements associated with financial program. See the Service’s active system (currently the U.S. Department assistance awards generally include the Assistance Listings on SAM.gov. of Health and Human Services’ following types of reports: The Service currently manages the GrantSolutions), when solicited by the • Federal Financial Reports (using the following types of assistance programs: Service through a Funding Opportunity. required SF–425), • • Formula Grants As part of this collection of Performance Reports, and • Project Grants information, the Service collects the • Real Property Status Reports, when • Project Grants (Discretionary) following types of information requiring applicable (using the required SF–429 • Cooperative Agreements approval under the PRA: forms series). (Discretionary Grants) A. Application Package: We use the D. Recordkeeping Requirements: In • Direct Payments with Unrestricted information provided in applications to: accordance with 2 CFR 200.334, Use (1) Determine eligibility under the financial records, supporting • Use of Property, Facilities, and authorizing legislation and applicable documents, statistical records, and all Equipment program regulations; (2) determine other non-Federal entity records Some assistance programs are allowability of major cost items under pertinent to a Federal award must be mandatory and award funds to eligible the Cost Principles at 2 CFR part 200; retained for a period of 3 years after the recipients according to a formula (3) select those projects that will date of submission of the final prescribed in law or regulation. Other provide the highest return on the expenditure report or, for Federal programs are discretionary and award Federal investment; and (4) assist in awards that are renewed quarterly or funds based on competitive selection compliance with laws, as applicable, annually, from the date of the and merit review processes. Mandatory such as the National Environmental submission of the quarterly or annual award recipients must give us specific, Policy Act, the National Historic financial report, respectively, as detailed project information during the Preservation Act, and the Uniform reported to the Federal awarding agency application process so that we may Relocation Assistance and Real Property or pass-through entity (in the case of a ensure that projects are eligible for the Acquisition Policies Act of 1970. The subrecipient) (unless an exemption as mandatory funding, are substantial in full application package (submitted by described in 2 CFR 200.334 applies that character and design, and comply with the applicant) generally includes the requires retention of records longer than all applicable Federal laws. Applicants following: 3 years). • Required Federal financial to discretionary programs must give us Proposed Revisions information as dictated by the program assistance application forms (SF–424 requirements and as requested in the suite of forms, as applicable to specified Consolidation of OMB Control No. program’s public notice of funding project). 1018–0007 Into 1018–0100 • Project Narrative—generally opportunity, including that information The Pittman-Robertson Wildlife includes items such as: that addresses ranking criteria. All Æ Statement of need, Restoration Act (16 U.S.C. 669 et seq.) recipients must submit financial and Æ Project goals and objectives, and the Dingell-Johnson Sport Fish performance reports that contain Æ Methods used and timetable, Restoration Act (16 U.S.C. 777 et seq., information necessary for us to track Æ Description of key personnel except 777e–1) provide authority for costs and accomplishments. The qualifications, Federal assistance to the States for recipients’ reports must adhere to Æ Description of stakeholders or other management and restoration of fish and schedules and rules in 2 CFR part 200, relevant organizations/individuals wildlife. These Acts and the regulations ‘‘Uniform Administrative Requirements, involved and level of involvement, in the Code of Federal Regulations Cost Principles, and Audit Æ Project monitoring and evaluation (CFR) at 50 CFR part 80, subpart D, Requirements for Federal Awards’’ and plan, and/or require that States, territories, and the the award terms and conditions. Part Æ Other pertinent project specific District of Columbia annually certify 200 prescribes the information that information. their hunting and fishing license sales. Federal agencies must collect, and • Pertinent project budget-related The Service’s Wildlife and Sport Fish financial assistance applicants and information—generally includes items Restoration (WSFR) program currently recipients must provide to receive such as: collects those certifications under OMB benefits under Federal financial Æ Budget justification, Control No. 1018–0007, ‘‘Annual
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Certification of Hunting and Sport Respondent’s Obligation: Required to • Email: [email protected]. Fishing Licenses Issued, 50 CFR part 80, Obtain or Retain a Benefit. Please include your name and return subpart D.’’ The WSFR program Frequency of Collection: On occasion. address in your email message. If you do continues to enhance use of their Total Estimated Annual Nonhour not receive a confirmation from the U.S. ‘‘Wildlife Tracking and Reporting Burden Cost: None. Fish and Wildlife Service that we have Actions for the Conservation of Species An agency may not conduct or received your email message, contact us (TRACS)’’ system to collect information sponsor and a person is not required to directly at the telephone number listed electronically from financial assistance respond to a collection of information in FOR FURTHER INFORMATION CONTACT. unless it displays a currently valid OMB applicants and recipients. As of Federal FOR FURTHER INFORMATION CONTACT: fiscal year 2021, WSFR will begin using control number. The authority for this action is the Karen Marlowe, Permit Coordinator, TRACS to collect State license data and 404–679–7097 (telephone), karen_ certifications electronically. As this Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). [email protected] (email), or 404–679– control number includes the Wildlife 7081 (fax). Individuals who are hearing TRACS system collection, in this Madonna Baucum, or speech impaired may call the Federal revision we are consolidating the OMB Information Collection Clearance Officer, U.S. Relay Service at 1–800–877–8339 for Control No. 1018–0007 information Fish and Wildlife Service. TTY assistance. collection requirements into this [FR Doc. 2021–14675 Filed 7–9–21; 8:45 am] SUPPLEMENTARY INFORMATION: We invite collection. If OMB approves this BILLING CODE 4333–15–P review and comment from local, State, request, we will discontinue OMB and Federal agencies and the public on Control Number 1018–0007. applications we have received for Consolidation of OMB approvals for DEPARTMENT OF THE INTERIOR permits to conduct certain activities Service financial assistance-related with endangered and threatened species Fish and Wildlife Service collections into a single collection under section 10(a)(1)(A) of the reduces burden on the public by [FWS–R4–ES–2020–N034; Endangered Species Act of 1973, as ensuring consistency in the application FXES11140400000–201–FF04E00000] amended (ESA; 16 U.S.C. 1531 et seq.), and award administration processes and our regulations in the Code of across all Service financial assistance Endangered Species; Recovery Permit Federal Regulations (CFR) at 50 CFR programs. Applications part 17. With some exceptions, the ESA Foreign Aid Transparency and AGENCY: Fish and Wildlife Service, prohibits take of listed species unless a Accountability Act Compliance Interior. Federal permit is issued that authorizes such take. The ESA’s definition of We are implementing the enhanced ACTION: Notice of receipt of permit applications; request for comments. ‘‘take’’ includes hunting, shooting, results-oriented accountability harming, wounding, or killing, and also requirements in the Foreign Aid SUMMARY: We, the U.S. Fish and such activities as pursuing, harassing, Transparency and Accountability Act Wildlife Service, have received trapping, capturing, or collecting. (Pub. L. 114–191), OMB guidance applications for permits, permit A recovery permit issued by us under memorandum M–18–04, ‘‘Monitoring renewals and/or permit amendments to section 10(a)(1)(A) of the ESA and Evaluation Guidelines for Federal conduct activities intended to enhance authorizes the permittee to take Departments and Agencies that the propagation or survival of endangered or threatened species while Administer United States Foreign endangered species under the engaging in activities that are conducted Assistance,’’ and OMB revisions to 2 Endangered Species Act of 1973, as for scientific purposes that promote CFR part 200 published August 13, 2020 amended. We invite the public and recovery of species or for enhancement (85 FR 49506). To meet the enhanced local, State, Tribal, and Federal agencies of propagation or survival of species. requirements, some programs may to comment on these applications. These activities often include the collect more performance information Before issuing any of the requested capture and collection of species, which than previously collected. permits, we will take into consideration would result in prohibited take were a Title of Collection: Administrative any information that we receive during permit not issued. Our regulations Procedures for U.S. Fish and Wildlife the public comment period. implementing section 10(a)(1)(A) for Service Financial Assistance Programs. DATES: We must receive written data or these permits are found at 50 CFR 17.22 OMB Control Number: 1018–0100. comments on the applications by for endangered wildlife species, 50 CFR Form Number: 3–154. August 11, 2021. 17.32 for threatened wildlife species, 50 Type of Review: Revision of a ADDRESSES: CFR 17.62 for endangered plant species, currently approved collection. Reviewing Documents: Documents and 50 CFR 17.72 for threatened plant Respondents/Affected Public: and other information submitted with species. Individuals; commercial organizations; the applications are available for review, Permit Applications Available for institutions of higher education; subject to the requirements of the Review and Comment nonprofit organizations; foreign entities; Privacy Act and Freedom of Information and State, local, and Tribal Act. Submit a request for a copy of such Proposed activities in the following governments. documents to Karen Marlowe (see FOR permit requests are for the recovery and Total Estimated Number of Annual FURTHER INFORMATION CONTACT). enhancement of propagation or survival Respondents: 14,711. Submitting Comments: If you wish to of the species in the wild. The ESA Total Estimated Number of Annual comment, you may submit comments by requires that we invite public comment Responses: 16,024. one of the following methods: before issuing these permits. Estimated Completion Time per • U.S. Mail: U.S. Fish and Wildlife Accordingly, we invite local, State, Response: Varies from 3 hours to 100 Service Regional Office, Ecological Tribal, and Federal agencies and the hours, depending on the activity. Services, 1875 Century Boulevard, public to submit written data, views, or Total Estimated Number of Annual Atlanta, GA 30345 (Attn: Karen arguments with respect to these Burden Hours: 391,670. Marlowe, Permit Coordinator). applications. The comments and
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recommendations that will be most personal identifying information in your to withhold your personal identifying useful and likely to influence agency comment, you should be aware that information from public review, we decisions are those supported by your entire comment—including your cannot guarantee that we will be able to quantitative information or studies. personal identifying information—may do so. Before including your address, phone be made publicly available at any time. number, email address, or other While you can ask us in your comment
VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 36576 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices Amendment. Amendment. Amendment. Renewal. New. Amendment. Renewal/ Renewal/ Renewal. mens in interstate commerce. lection of one voucher specimen from each population. and release. ginal scute, PIT-tag, collect tissue and blood samples, conduct oral cloacal swabbing, salvage hatched or depredated eggs, monitor nests, and insert data logger into nests; Eastern indigo snake: Capture, handle, PIT- tag, collect blood, cloacal swab, and scale-clip Black Warrior waterdog: Capture, handle, tempo- rarily hold to photograph and meas- ure, PIT-tag, and collect tail tip tissue sample. and release. caves, capture with mist nets or harp traps, handle, identify, band, radio- tag, and collect hair samples. Sale of artificially propagated speci- Collection of flowers and seeds col- Hand-capture from culverts, identify, Turtles: Capture, handle, mark by mar- Capture with mist nets, handle, identify, Capture, handle, identify, and release ... Renewal/ Enter hibernacula or maternity roost merce. lination, reproduc- tive success, and life history traits. structure and habitat use. ment, scientific research, popu- lation surveys, and monitoring. surveys, studies to document habitat use, and population moni- toring. surveys. surveys, popu- lation monitoring, and studies to document habitat use. Presence/absence Presence/absence sissippi, North Carolina, South Caro- lina, Tennessee, and Virginia. ware, Florida, Georgia, Illinois, Indi- ana, Iowa, Kansas, Kentucky, Lou- isiana, Maine, Maryland, Massachu- setts, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Jer- sey, New York, North Carolina, Dakota, Ohio, Oklahoma, Pennsyl- vania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Wisconsin, and Wyoming. Virginia ...... Interstate com- Kentucky and Tennessee ...... Study community Alabama and Mississippi ...... Population manage- Alabama, Georgia, Kentucky, Mis- Kentucky and Tennessee ...... Presence/absence Alabama, Arkansas, Connecticut, Dela- (Alabama canebrake (mountain sweet pitcher Sarracenia rubra ssp. jonesii plant). alabamensis pitcher plant), and Sarracenia rubra ssp. bat ( Myotis sodalis ), and northern long-eared bat ( Myotis septentrionalis ). alabamensis ), eastern indigo snake ( Drymarchon corais couperi ), flat- tened musk turtle ( Sternotherus depressus ) and Black Warrior waterdog ( Necturus alabamensis ). ( Myotis grisescens ), and northern long-eared bat ( Myotis septentrionalis ). cumberlandensis ), relict darter ( Etheostoma chienense ), duskytail darter ( Etheostoma percnurum ), Ken- tucky arrow darter ( Etheostoma spilotum ), Cumberland darter ( Etheostoma susanae ), and palezone shiner ( Notropis albizonatus ). plant), bat ( Myotis sodalis ), and northern long-eared bat ( Myotis septentrionalis ). Gray bat ( Myotis grisescens ), Indiana Alabama red-bellied turtle ( Pseudemys Indiana bat ( Myotis sodalis ), gray Blackside dace ( Chrosomus Sarracenia oreophila (green pitcher Gray bat ( Myotis grisescens ), Indiana Physaria globosa (Short’s bladderpod) .. Federal lands in Tennessee ...... Examination of pol- Applicant Species Location Activity Type of take Permit action tin Peay State Uni- versity, Clarksville, TN. University, Auburn, AL. Natural History, Ath- ens, GA. head, KY. Research Station, Woodford, VA. tol, VA. Krosnick, Tennessee Tech, Cookeville, TN. No. Permit application TE 62026D–1 ...... Catherine Haase, Aus- TE 32397A–5 ...... James Godwin, Auburn TE 60238B–1 ...... Georgia Museum of TE 087176–4 ...... David Eisenhour, More- TE 022690–5 ...... Meadowview Biological TE 83011B–1 ...... Prescott Weldon, Bris- PER 0002010 ...... Shawn Zeringue-
VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices 36577 Amendment. New. Renewal. Renewal/ Renewal. New. mens in interstate commerce. caves, capture with mist nets or harp traps, handle, identify, band, radio- tag, light-tag, wing-punch, and collect hair samples. caves, capture with mist nets or harp traps, handle, identify, collect hair samples, band, radio tag, light-tag, swab, and wing-punch. caves, capture with mist nets or harp traps, handle, identify, band, radio- tag, and collect hair samples. caves, capture with mist nets or harp traps, handle, identify, band, radio- tag, and collect hair samples. Sale of artificially propagated speci- Enter hibernacula or maternity roost Enter hibernacula or maternity roost Enter hibernacula or maternity roost Enter hibernacula or maternity roost merce. surveys, popu- lation monitoring, and studies to document habitat use. surveys, studies to document habitat use, pop- ulation moni- toring, and to evaluate potential impacts of white- nose syndrome or other threats. surveys, popu- lation monitoring, and studies to document habitat use. surveys, popu- lation monitoring, and studies to document habitat use. Presence/absence Presence/absence Presence/absence Presence/absence ware, Florida, Georgia, Illinois, Indi- ana, Iowa, Kansas, Kentucky, Lou- isiana, Maine, Maryland, Massachu- setts, Michigan, Minnesota, Mis- sissippi, Missouri, Montana, Ne- braska, New Hampshire, Jersey, New York, North Carolina, Da- kota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Dakota, Tennessee, Vermont, Vir- ginia, West Virginia, Wisconsin, and Wyoming. ware, Florida, Georgia, Illinois, Indi- ana, Iowa, Kansas, Kentucky, Lou- isiana, Maine, Maryland, Massachu- setts, Michigan, Minnesota, Mis- sissippi, Missouri, Montana, Ne- braska, New Hampshire, Jersey, New York, North Carolina, Da- kota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Dakota, Tennessee, Texas, Vermont, Virginia, West Wisconsin, Wyoming. ware, Florida, Georgia, Illinois, Indi- ana, Iowa, Kansas, Kentucky, Lou- isiana, Maine, Maryland, Massachu- setts, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Jer- sey, New York, North Carolina, Dakota, Ohio, Oklahoma, Pennsyl- vania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Wisconsin, and Wyoming. ware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kan- sas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, York, North Caro- lina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Wis- consin, Wyoming. California ...... Interstate com- Alabama, Arkansas, Connecticut, Dela- Alabama, Arkansas, Connecticut, Dela- Alabama, Arkansas, Connecticut, Dela- Alabama, Arkansas, Connecticut, Dela- (= (= (= (= (moun- Plecotus ) Plecotus ) (Alabama jonesii (= (= Sarracenia oreophila alabamensis townsendii ingens ), and Vir- townsendii ingens ), and Vir- townsendii virginianus ). townsendii virginianus ). ssp. canebrake pitcher plant), and Sarracenia rubra ssp. tain Sweet pitcher plant). (green pitcher plant), Sarracenia rubra bat ( Myotis sodalis ), northern long- eared bat ( Myotis septentrionalis ), and Virginia big-eared bat ( Corynorhinus bat ( Myotis sodalis ), northern long- eared bat ( Myotis septentrionalis ), Ozark big-eared bat ( Corynorhinus bat ( Myotis sodalis ), northern long- eared bat ( Myotis septentrionalis ), Ozark big-eared bat ( Corynorhinus bat ( Myotis sodalis ), northern long- eared bat ( Myotis septentrionalis ), and Virginia big-eared bat ( Corynorhinus butterwort), Plecotus ) ginia big-eared bat ( Corynorhinus Plecotus ) Plecotus ) ginia big-eared bat ( Corynorhinus Plecotus ) townsendii virginianus ). townsendii virginianus ). Gray bat ( Myotis grisescens ), Indiana Gray bat ( Myotis grisescens ), Indiana Gray bat ( Myotis grisescens ), Indiana Gray bat ( Myotis grisescens ), Indiana Pinguicula ionantha (Godfrey’s Versailles, KY. TN. mental Consulting, Paint Lick, KY. NC. Sebastopol, CA. TE 65002A–2 ...... Robert Oney, TE 148282–6 ...... Jack Wilhide, Franklin, TE 94849B–2 ...... Copperhead Environ- PER 0002649 ...... Joey Weber, Candler, PER 0002076 ...... California Carnivores,
VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 36578 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices Amend. inserts, install restrictors, snake and squirrel excluders, monitor nest cavities and artificial nest cavities, and translocate. Capture, handle, identify, and release ... New. Capture, band, drill nest cavities, install surveys. ment and moni- toring. Population manage- ...... Presence/absence and South Carolina. Alabama, Florida, Georgia, Mississippi, Kentucky Quadrula chienense ), Kentucky arrow darter ( Etheostoma spilotum ), Cumberland darter ( Etheostoma susanae ), palezone shiner ( Notropis albizonatus ), and blackside dace ( Phoxinus cumberlandensis ); FRESH- WATER MUSSELS: Cumberland elktoe ( Alasmidonta atropurpurea ), spectaclecase ( Cumberlandia monodonta ), fanshell ( Cyprogenia stegaria ), dromedary pearlymussel ( Dromus dromas ), Cumberlandian combshell ( Epioblasma brevidens ), oyster mussel ( Epioblasma capsaeformis ), tan riffleshell ( Epioblasma florentina walkeri ), pur- ple cat’s paw (=purple pearlymussel) ( Epioblasma obliquata obliquata ), white catspaw (pearlymussel) ( Epioblasma obliquata perobliqua ), northern riffleshell ( Epioblasma torulosa rangiana ), tubercled blossom (pearlymussel) ( Epioblasma torulosa ), snuffbox ( Epioblasma triquetra ), cracking pearlymussel ( Hemistena lata ), pink mucket (pearlymussel) ( Lampsilis abrupta ), scaleshell mussel ( Leptodea leptodon ), ring pink (mus- sel) ( Obovaria retusa ), littlewing pearlymussel ( Pegias fabula ), white wartyback (pearlymussel) ( Plethobasus cicatricosus ), orangefoot pimpleback (pearlymussel) ( Plethobasus cooperianus ), sheepnose mussel ( Plethobasus cyphyus ), clubshell ( Pleurobema clava ), rough pigtoe ( Pleurobema ple- num ), slabside pearlymussel ( Pleuronaia dolabelloides ), fat pocket- book ( Potamilus capax ), fluted kidneyshell ( Ptychobranchus subtentus ), rabbitsfoot ( borealis ). cylindrica ), winged mapleleaf ( Quadrula fragosa ), rayed bean ( Villosa fabalis ), and Cum- berland bean (pearlymussel) ( Villosa trabalis ); CRAYFISH: Big Sandy cray- fish ( Cambarus callainus ). FISH: Relict darter ( Etheostoma Red-cockaded woodpecker ( Picoides Applicant Species Location Activity Type of take Permit action Transportation Cabi- net. National Forests in Alabama, Mont- gomery, AL. No. Permit application PER 0007863 ...... Jana Day, Kentucky TE 33465A–2 ...... USDA Forest Service,
VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices 36579 Renewal. Renewal. salvage relict shells. prior to release. Capture, identify, measure, release, and Insert PIT tag and attach flipper lation monitoring. bilitated turtles. National forests in Alabama ...... Surveys and popu- Louisiana ...... Monitoring of reha- ),southern sandshell ( Sternotherus depressus ); FISH: Blue shiner ( Cyprinella caerulea ), Cahaba shiner ( Notropis cahabae ), goldline darter ( Percina aurolineata ), and rush darter ( Etheostoma phytophilum ); FRESHWATER MUSSELS: Alabama moccasinshell ( Medionidus acutissimus ), Alabama pearlshell ( Margaritifera marrianae ), Coosa moccasinshell ( Medionidus parvulus ), Cumberlandian combshell ( Epioblasma brevidens ), dark pigtoe ( Pleurobema furvum ), fine-lined pock- etbook ( Lampsilis altilis ), fuzzy pigtoe ( Pleurobema strodeanum ), orange- nacre mucket ( Lampsilis perovalis ), ovate clubshell ( Pleurobema perovatum ), southern acornshell ( Epioblasma othcaloogensis ), south- ern clubshell ( Pleurobema decisum ), southern kidneyshell ( Ptychobranchus jonesi ), southern pigtoe ( Pleurobema georgianum ( Hamiota australis ), triangular kidneyshell ( Ptychobranchus greenii ), and upland combshell ( Epioblasma metastriata ); FRESHWATER GAS- TROPODS: Cylindrical lioplax ( Lioplax cyclostomaformis ), flat pebblesnail ( Lepyrium showalteri ), lacy elimia ( Elimia crenatella ), painted rocksnail ( Leptoxis taeniata ), round rocksnail ( Leptoxis ampla ), and tulotoma snail ( Tulotoma magnifica ). ( Lepidochelys kempii ), hawksbill ( Eretmochelys imbricata ), leatherback ( Dermochelys coriacea ), loggerhead ( Caretta caretta ), and olive ridley ( Lepidochelys olivacea ) sea turtles. REPTILE: Flattened musk turtle Green ( Chelonia mydas ), Kemp‘s ridley National Forests in Alabama, Mont- gomery, AL. tute, New Orleans, LA. TE 132772–2 ...... USDA Forest Service, TE 12399A–5 ...... Audubon Nature Insti-
VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 36580 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices New. New. following hatchling emergence, and inventory hatched nests. inserts, install restrictors, monitor nest cavities and artificial nest cavities, and translocate. Capture, handle, identify, and release ... New. Capture, handle, identify, and release ... Renewal. Capture, band, drill nest cavities, install surveys. surveys. ment and moni- toring. Presence/absence Population manage- diana, Iowa, Kansas, Kentucky, Lou- isiana, Michigan, Minnesota, Mis- sissippi, Missouri, New York, North Carolina, Ohio, Oklahoma, Pennsyl- vania, Tennessee, Virginia, West Vir- ginia, Wisconsin. Louisiana, Mississippi, North Caro- lina, and South Carolina. Alabama, Arkansas, Georgia, Illinois, In- Alabama and Tennessee ...... Presence/absence Alabama, Arkansas, Florida, Georgia, MississippiCounty, Harrison ...... monitoring Nest ...... Locate and mark nests, excavate nests monodonta ), fanshell ( Cyprogenia stegaria ), dromedary pearlymussel ( Dromus dromas ), Cumberlandian combshell ( Epioblasma brevidens ), oyster mussel ( Epioblasma capsaeformis ), purple cat’s paw (=purple cat’s paw pearlymussel) ( Epioblasma obliquata ), white catspaw (pearlymussel) ( Epioblasma obliquata perobliqua ), northern riffleshell ( Epioblasma torulosa rangiana ), tubercled blossom (pearlymussel) ( Epioblasma torulosa torulosa ), snuffbox ( Epioblasma triquetra ), cracking pearlymussel ( Hemistena lata ), pink mucket (pearlymussel) ( Lampsilis abrupta ), Higgins eye (pearlymussel) ( Lampsilis higginsii ), ring pink (mussel) ( Obovaria retusa ), white wartyback (pearlymussel) ( Plethobasus cicatricosus ), orangefoot pimpleback (pearlymussel) ( Plethobasus cooperianus ), sheepnose mussel ( Plethobasus cyphyus ), clubshell ( Pleurobema clava ), James spinymussel ( Pleurobema collina ), rough pigtoe ( Pleurobema plenum ), fat pocketbook ( Potamilus capax ), fluted kidneyshell ( Ptychobranchus subtentus ), rabbitsfoot ( Quadrula cylindrica ), winged mapleleaf ( Quadrula fragosa ), rayed bean ( Villosa fabalis ), and Cum- berland bean (pearlymussel) ( Villosa trabalis ). boulder darter ( Etheostoma wapiti ), and snail darter ( Percina tanasi ); CRAYFISH: Nashville crayfish ( Orconectes shoupi ). borealis ). ( Lepidochelys kempii ), hawksbill ( Eretmochelys imbricata ), leatherback ( Dermochelys coriacea ), loggerhead ( Caretta caretta ), and olive ridley ( Lepidochelys olivacea ) sea turtles. Spectaclecase ( Cumberlandia FISH: Blue shiner ( Cyprinella caerulea ), Red-cockaded woodpecker ( Picoides Green ( Chelonia mydas ), Kemp’s ridley Applicant Species Location Activity Type of take Permit action langer, KY. Nashville, TN. Tallahassee, FL. ety, Moss Point, MS. No. Permit application PER 0002667 ...... Mitchell D. Kriege, Er- TE 66445B–1 ...... Angelina D. Fowler, PER 0002899 ...... George C. Fullerton, PER 0003043 ...... National Audubon Soci-
VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices 36581 ment. Amendment. Renewal/ salvage relict shells. Capture, handle, identify, release, and surveys. Presence/absence Kentucky, Missouri, Ohio, Tennessee, Virginia, West and Wisconsin. Tennessee ...... Contaminant study Collect fur and guano ...... Amend Arkansas, Georgia, Illinois, Indiana, Pleurobema decisum ), ( Etheostoma spilotum ), Cumberland darter ( Etheostoma susanae ), and blackside dace ( Phoxinus cumberlandensis ); FRESHWATER MUSSELS: Cumberland elktoe ( Alasmidonta atropurpurea ), spectaclecase ( Cumberlandia monodonta ), fanshell ( Cyprogenia stegaria ), dromedary pearlymussel ( Dromus dromas ), Cumberlandian combshell ( Epioblasma brevidens ), oyster mussel ( Epioblasma capsaeformis ), yellow blossom (pearlymussel) ( Epioblasma florentina florentina ), tan riffleshell ( Epioblasma florentina walkeri ), purple cat’s paw (=purple cat’s paw pearlymussel) ( Epioblasma obliquata ), northern riffleshell ( Epioblasma torulosa rangiana ), green blossom (pearlymussel) ( Epioblasma torulosa gubernaculum ), tubercled blossom pearlymussel) ( Epioblasma torulosa torulosa ), snuffbox ( Epioblasma triquetra ), turgid blossom pearlymussel) ( Epioblasma turgidula ), finerayed pigtoe ( Fusconaia cuneolus ), shiny pigtoe ( Fusconaia cor ), cracking pearlymussel ( Hemistena lata ), pink mucket (pearlymussel) ( Lampsilis abrupta ), scaleshell mussel ( Leptodea leptodon ), ring pink (mussel) ( Obovaria retusa ), littlewing pearlymussel ( Pegias fabula ), white wartyback (pearlymussel) ( Plethobasus cicatricosus ), orangefoot pimpleback (pearlymussel) ( Plethobasus cooperianus ), sheepnose mussel ( Plethobasus cyphyus ), clubshell ( Pleurobema clava ), James spinymussel ( Pleurobema collina ), southern clubshell ( bat ( Myotis sodalis ), and northern long-eared bat ( Myotis septentrionalis ). rough pigtoe ( Pleurobema plenum ), slabside pearlymussel ( Pleuronaia dolabelloides ), fat pocketbook ( Potamilus capax ), fluted kidneyshell ( Ptychobranchus subtentus ), rabbitsfoot ( Quadrula cylindrica cylindrica ), rough rabbitsfoot ( Quadrula cylindrica strigillata ), Appa- lachian monkeyface (pearlymussel) ( Quadrula sparsa ), rayed bean ( Villosa fabalis ), purple bean perpurpurea ), and Cumberland bean (pearlymussel) ( Villosa trabalis ); CRAYFISH: Big Sandy crayfish ( Cambarus callainus ). FISH: Kentucky arrow darter Gray bat ( Myotis grisescens ), Indiana mental Consulting, Inc., Paint Lick, KY. Air Force Base, TN. TE 171516–9 ...... Copperhead Environ- TE 88778B–2 ...... John W. Lamb, Arnold
VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 36582 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices Amendment. Amendment. New. Amendment. Renewal. Renewal/ Renewal. Renewal/ to sacrifice for DNA analysis, release captive-reared individuals produced at Orangeburg National Fish Hatchery into silos for growth and survival monitoring that includes weekly han- dling and measuring. ments. caves, salvage dead bats, capture with mist nets and harp-traps, handle, identify, collect hair, band, attach radio-transmitters, swab, and wing- punch. salvage relict shells. handle, identify, band, and attach radio transmitters. lect) seeds and leaves. Collect glochidia from fish fins and gills Radio-tag adults and monitor move- Enter hibernacula or maternity roost Capture, handle, identify, release, and Capture with mist nets and harp traps, Remove and reduce to possession (col- pediments to re- cruitment. pacts of Hurri- cane Irma on the rice rat. surveys and stud- ies to document habitat use. surveys. surveys. ing, artificial prop- agation, con- servation re- search, edu- cational display, and genetic anal- yses. Assessing the im- Presence/absence Presence/absence Ex situ seed bank- Key to Boca Chica Key. linois, Indiana, Iowa, Kansas, Ken- tucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. ware, Florida, Georgia, Illinois, Indi- ana, Iowa, Kansas, Kentucky, Lou- isiana, Maine, Maryland, Massachu- setts, Michigan, Minnesota, Mis- sissippi, Missouri, Montana, Ne- braska, New Hampshire, Jersey, New York, North Carolina, Da- kota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Dakota, Tennessee, Texas, Vermont, Virginia, West Wisconsin, and Wyoming. Alabama, Illinois, Kentucky, Mis- sissippi, Missouri, Tennessee, Vir- ginia, and West Virginia. South Carolina ...... Investigation of im- Monroe County, Florida, from Little Pine Kentucky ...... Presence/absence Alabama, Arkansas, Florida, Georgia, Il- Alabama, Arkansas, Connecticut, Dela- On lands under Federal jurisdiction in decurrent false aster decorata ). palustris natator ). bat ( Myotis sodalis ), and northern long-eared bat ( Myotis septentrionalis ). MUSSELS: 88 species; FRESH- WATER GASTROPODS: 14 species. bat ( Myotis sodalis ), and northern long-eared bat ( Myotis septentrionalis ). Cumberland sandwort ( Arenaria cumberlandensis ), Mead’s milkweed ( Asclepias meadii ), Guthrie’s (=Pyne’s) ground-plum ( Astragalus bibullatus), ( Boltonia decurrens ), Cumberland rosemary ( Conradina verticillata ), leafy prairie clover ( Dalea foliosa ), tiny tim ( Geocarpon minimum ), Vir- ginia sneezeweed ( Helenium virginicum ), fleshyfruit gladecress (Leavenworthia crassa ), Mohr’s Bar- bara’s button ( Marshallia mohrii ), Mis- souri bladderpod ( Physaria filiformis ), Short’s bladderpod ( Physaria globose ), Virginia spiraea ( Spiraea virginiana ), running buffalo clover ( Trifolium stoloniferum ), and Ten- nessee yellow-eyed grass ( Xyris tennesseensis ). Carolina heelsplitter ( Lasmigona Rice rat (silver rice rat) ( Oryzomys Gray bat ( Myotis grisescens ), Indiana FISH: 38 species; FRESHWATER Gray bat ( Myotis grisescens ), Indiana Price’s potato bean ( Apios priceana ), Applicant Species Location Activity Type of take Permit action Jachowski, Clemson University, Clemson, SC. University of Florida, Gainesville, FL. Kentucky University, Richmond, KY. Knoxville, TN. Aberdeen, NC. den, St. Louis, MO. No. Permit application PER 0004778 ...... Catherine M. TE 12379D–1 ...... Robert A. McCleery, TE 54891B–1 ...... Luke E. Dodd, Eastern TE 069754–7 ...... Gerald R. Dinkins, TE 62778B–2 ...... Chanston T. Osborne, TE 237537–2 ...... Missouri Botanical Gar-
VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices 36583 Amendment. Amendment. New. Renewal/ Amendment. Renewal. Renewal. Renewal. Avian Keratin Disorder to monitor their fate in the population. interstate commerce. relict shells. by examining growth rings, sex, pho- tograph, PIT-tag or plastic shell tag, mark, and release. caves, salvage dead bats, capture with mist nets and harp-traps, handle, identify, collect hair, band, attach radio-transmitters, light-tag, swab, and wing-punch. construct and monitor artificial nest cavities and restrictors, translocate. caves, salvage dead bats, capture with mist nets or harp traps, handle, identify, collect hair samples, band, radio tag, light-tag, swab, and wing- punch. Sell artificially propagated plants in Capture, identify, release, and salvage Capture, handle, identify, measure, age Enter hibernacula or maternity roost Capture, band, monitor nest cavities, Enter hibernacula or maternity roost merce. surveys. surveys. surveys, habitat use studies, pop- ulation moni- toring, and stud- ies to evaluate potential impacts of white-nose syndrome or other threats. ment and moni- toring. surveys, habitat use studies, pop- ulation moni- toring, and stud- ies on potential impacts of white- nose syndrome or other threats. Presence/absence Presence/absence Population manage- Presence/absence Kentucky, Louisiana, Mississippi, South Carolina, and Tennessee. nessee, and West Virginia. Mississippi, North Carolina, Okla- homa, South Carolina, Texas, and Virginia. ware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kan- sas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, York, North Caro- lina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Vir- ginia, Wisconsin, and Wyoming. Florida ...... Interstate com- Alabama, Arkansas, Florida, Georgia, Virginia ...... Presence/absence Georgia, Indiana, Kentucky, Ohio, Ten- Alabama, Florida, Georgia, Louisiana, Alabama, Arkansas, Connecticut, Dela- North Carolina and South ...... Disease research ... Capture and recapture birds that exhibit (= gracilis ) (ab- (= aboriginum original prickly-apple). ( Drymarchon corais couperi ), gopher tortoise ( Gopherus polyphemus ), yel- low-blotched map turtle ( Graptemys flavimaculata ), ringed map turtle ( Graptemys oculifera ), black pine snake ( Pituophis melanoleucus lodingi ), Alabama red-bellied turtle ( Pseudemys alabamensis ), and flat- tened musk turtle ( Sternotherus depressus ); AMPHIBIANS: Reticu- lated flatwoods salamander ( Ambystoma bishopi ), frosted flatwoods salamander ( Ambystoma cingulatum ), Black warrior (=Sipsey Fork) waterdog ( Necturus alabamensis ), Red Hills salamander ( Phaeognathus hubrichti ), and dusky gopher frog ( Rana sevosa ); FISH: 45 species; FRESHWATER MUSSELS: 81 species; FRESHWATER GAS- TROPODS: 12 species; CRAYFISH: Nashville crayfish ( Orconectes shoupi ). heterodon ), yellow lance ( Elliptio lanceolata ), and James spinymussel ( Pleurobema collina ). bat ( Myotis sodalis ), northern long- eared bat ( Myotis septentrionalis ), Virginia big-eared bat ( Corynorhinus townsendii virginianus ), and Ozark big-eared bat ( Corynorhinus townsendii ingens ). borealis ). bat ( Myotis sodalis ), northern long- eared bat ( Myotis septentrionalis ), and Virginia big-eared bat ( Corynorhinus townsendii virginianus ). grant prickly-apple) and Harrisia borealis ). Cereus ) REPTILES: Eastern indigo snake Dwarf wedgemussel ( Alasmidonta Gray bat ( Myotis grisescens ), Indiana Red-cockaded woodpecker ( Picoides Gray bats ( Myotis grisescens ), Indiana Cereus eriophorus var. fragrans (fra- Red-cockaded woodpecker ( Picoides Inc., Atlanta, GA. LLC, Rochester, MN. State University, Mur- ray, KY. LLC, Crawfordville, FL. Blacksburg, VA. Williston, FL. stitute, Southern Pines, NC. TE 059008–9 ...... CCR Environmental, TE 59798B–2 ...... Daguna Consulting, TE 13910A–3 ...... Terry L. Derting, Murray TE 89785B–1 ...... North Florida Wildlife, TE 34778A–3 ...... U.S. Geological Survey, TE 84997D–0 ...... James V. Freeman, TE 087191–6 ...... Sandhills Ecological In-
VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 36584 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices Amendment. New. Renewal. salvage relict shells. 45 consecutive days, toxicity testing and other studies, reintroduction. salvage relict shells. Capture, handle, identify, release, and Capture, hold in captivity for more than Capture, handle, identify, release, and surveys. for research and reintroduction. surveys. Presence/absence nessee. Alabama and Virginia ...... Presence/absence South Carolina ...... Captive propagation Alabama, Florida, Georgia, and Ten- alabamae ), vermilion darter ( Etheostoma chermocki ), watercress darter ( Etheostoma nuchale ), and Cahaba shiner ( Notropis cahabae ); FRESHWATER MUSSELS: Purple cat’s paw (=purple pearlymussel) ( Epioblasma obliquata obliquata ), Alabama pearlshell ( Margaritifera marrianae ), black clubshell ( Pleurobema curtum ), dark pigtoe ( Pleurobema furvum ), flat pigtoe ( Pleurobema marshalli ), heavy pigtoe ( Pleurobema taitianum ), in- flated heelsplitter ( Potamilus inflatus ), and stirrupshell ( Quadrula stapes ). decorata ). blue shiner ( Cyprinella caerulea ), bluemask darter ( Etheostoma akatulo ), Etowah darter ( Etheostoma etowahae ), duskytail darter ( Etheostoma percnurum ), Cherokee darter ( Etheostoma scotti ), Cum- berland darter ( Etheostoma susanae ), boulder darter ( Etheostoma wapiti ), palezone shiner ( Notropis albizonatus ), smoky madtom ( Noturus baileyi ), chucky madtom ( Noturus crypticus ), pygmy madtom ( Noturus stanauli ), amber darter ( Percina antesella ), goldline darter ( Percina aurolineata ), Conasauga logperch ( Percina jenkinsi ), snail darter ( Percina tanasi ), and blackside dace ( Phoxinus cumberlandensis );. FISH: Spring pygmy sunfish ( Elassoma Carolina heelsplitter ( Lasmigona FISH: Laurel dace ( Chrosomus saylori ), Applicant Species Location Activity Type of take Permit action etta, GA. ment of Natural Re- sources, Columbia, SC. Madison, GA. No. Permit application ES 56588D–2 ...... Martin J. Melville, Mari- PER 0009923 ...... South Carolina Depart- TE 121073–3 ...... Christopher E. Skelton,
VerDate Sep<11>2014 17:26 Jul 09, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices 36585 New. Renewal. Amendment. Amendment. tion, and augmentation. construct and monitor artificial nest cavities and restrictors, translocate, recapture to remove color bands, and swab. dentally captured, cold-stunned, and rehabilitated individuals. ally for captive rearing and breeding and transport specimens to Michigan State University. Capture, identify, sex, and measure ...... Renewal. Tissue and seed collection, propaga- Collection of stem, leaves, and flowers Amendment. Capture, band, monitor nest cavities, PIT-tag and flipper tag stranded, inci- Capture up to 20 adult butterflies annu- surveys. ics and habitable range. for species con- firmation. ment and moni- toring and inves- tigation of pos- sible parasites and infections. toring. toring, scientific research, captive propagation, and reintroduction. Voucher specimen Population manage- Population moni- Virginia. Mississippi, North Carolina, South Carolina, Texas, and Virginia. Mississippi, North Carolina, South Carolina, and Texas. Pisgah National Forest, North Carolina Research on genet- Blue Ridge Parkway, Franklin County, Alabama, Florida, Georgia, Louisiana, Alabama, Florida, Georgia, Louisiana, North Carolina ...... Population moni- threeridge (mussel) ( Amblema neislerii ), purple bankclimber (mussel) ( Elliptoideus sloatianus ), Altamaha spinymussel ( Elliptio spinosa ), upland combshell ( Epioblasma metastriata ), southern acornshell ( Epioblasma othcaloogensis ), southern combshell ( Epioblasma penita ), fine-lined pock- etbook ( Lampsilis altilis ), orangenacre mucket ( Lampsilis perovalis ), shinyrayed pocketbook ( Lampsilis subangulata ); Coosa moccasinshell ( Medionidus parvulus ), Gulf moccasinshell ( Medionidus pencillatus ), Ochlockonee moccasinshell ( Medionidus simpsonianus ), southern clubshell ( Pleurobema decisum ), southern pigtoe ( Pleurobema georgianum ), Georgia pigtoe ( Pleurobema hanleyianum ), flat pigtoe ( Pleurobema marshalli ), ovate clubshell ( Pleurobema perovatum ), oval pigtoe ( Pleurobema pyriforme ), and tri- angular kidneyshell ( Ptychobranchus greeni ); FRESHWATER GAS- TROPOD: Interrupted (=Georgia) rocksnail ( Leptoxis foremani ); CRAY- FISH: Nashville crayfish ( Orconectes shoupi ). Mountain bluet). flower). borealis . coriacea ), hawksbill sea turtle ( Eretmochelys imbricata ), and Kemp’s ridley sea turtle ( Lepidochelys kempii ). ( Neonympha mitchellii francisci ). FRESHWATER MUSSELS: Fat Nashville crayfish ( Orconectes shoupi ) Tennessee ...... Hedyotis purpurea var. montana (Roan Presence/absence Helianthus verticillatus (whorled sun- Red-cockaded woodpecker ( Picoides Leatherback sea turtle ( Dermochelys Saint Francis’ satyr butterfly Nashville, TN. Carolina University, Raleigh, NC. National Park Serv- ice, Asheville, NC. Southern Pines, NC. Fisheries Service, Southeast Fisheries Science Center, Pascagoula, MS. gan State University, Hickory Corners, MI. TE 111326–3 ...... Christopher A. Fleming, PER 0010455 ...... Kira Lindelof, North TE 37652B–1 ...... Blue Ridge Parkway, TE 807672–19 ...... Joseph H. Carter, TE 676379–6 ...... NOAA/National Marine TE 054973–6 ...... Nick M. Haddad, Michi-
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Authority generally prescribes how the plan is to (v) One member who is a We publish this notice under section be developed and implemented, representative of businesses, who has 10(c) of the Endangered Species Act of outlines the contents of the plan, and been nominated by national business 1973, as amended (16 U.S.C. 1531 et requires the Secretary to submit the plan organizations or trade associations; seq.). to designated authorizing committees in (vi) One member who is a the House and Senate. representative of labor organizations, John Tirpak, By law, the Secretary must ‘‘seek, who has been nominated by a national Deputy Assistant Regional Director, review, and evaluate’’ recommendations labor federation; Ecological Services. from the WIAC, and respond to the (vii) One member who is a [FR Doc. 2021–14683 Filed 7–9–21; 8:45 am] recommendations in writing to the representative of local workforce BILLING CODE 4333–15–P WIAC. The WIAC must make written development boards, who has been recommendations to the Secretary on nominated by a national organization the evaluation and improvement of the representing such boards; and DEPARTMENT OF LABOR workforce and labor market information (viii) One member who is a system, including recommendations for representative of research entities that Employment and Training the 2-year plan. The 2-year plan, in turn, use workforce and labor market Administration must describe WIAC recommendations information. and the extent to which the plan The Secretary must ensure that the Workforce Information Advisory incorporates them. membership of the WIAC is Council; Charter Renewal The WIAC accomplishes its objectives geographically diverse, and that no two AGENCY: Employment and Training by, for example: (1) Studying workforce members appointed under clauses (i), Administration, Labor. and labor market information issues; (2) (ii), and (vii), above, represent the same State. Each member will be appointed ACTION: Notice of renewal. seeking and sharing information on innovative approaches, new for a term of three years and the SUMMARY: The Department of Labor technologies, and data to inform Secretary will not appoint a member for (Department) announces the renewal of employment, skills training, and any more than two consecutive terms. the Workforce Information Advisory workforce and economic development Any member whom the Secretary Council (WIAC) charter. decision making and policy; and (3) appoints to fill a vacancy occurring FOR FURTHER INFORMATION CONTACT: advising the Secretary on how the before the expiration of the Steve Rietzke, Division of National workforce and labor market information predecessor’s term will be appointed Programs, Tools, and Technical system can best support workforce only for the remainder of that term. Assistance, Office of Workforce development, planning, and program Members of the WIAC will serve on a Investment (address above); (202) 693– development. voluntary and generally uncompensated basis, but will be reimbursed for travel 3912; or use email address for the II. Structure WIAC, [email protected]. expenses to attend WIAC meetings, SUPPLEMENTARY INFORMATION: The Wagner-Peyser Act at section including per diem in lieu of 15(d)(2)(B), requires the WIAC to have subsistence, as authorized by the I. Background and Authority 14 representative members, appointed Federal travel regulations. All WIAC Section 15 of the Wagner-Peyser Act, by the Secretary, consisting of: members serve at the pleasure of the 29 U.S.C. 49 l–2, as amended by section (i) Four members who are Secretary. Members may be appointed, 308 of the Workforce Innovation and representatives of lead State agencies reappointed, or replaced, and their Opportunity Act of 2014 (WIOA), Public with responsibility for workforce terms may be extended, changed, or Law 113–128 requires the Secretary of investment activities, or State agencies terminated at the Secretary’s discretion. Labor (Secretary) to establish and described in Wagner-Peyser Act Section A member’s excessive absence from maintain the WIAC. 4 (agency designated or authorized by WIAC meetings may result in the The statute, as amended, requires the Governor to cooperate with the member’s removal and replacement. Secretary, acting through the Secretary), who have been nominated by Authority: Pursuant to the Wagner-Peyser Commissioner of Labor Statistics and such agencies or by a national Start Act of 1933, as amended, 29 U.S.C. 49 et seq.; the Assistant Secretary for Employment Printed Page 39021 organization that Workforce Innovation and Opportunity Act, and Training, to formally consult at represents such agencies; Public Law 113–128; Federal Advisory least twice annually with the WIAC to (ii) Four members who are Committee Act, as amended, 5 U.S.C. App. address: (1) Evaluation and representatives of the State workforce Suzan G. LeVine, improvement of the nationwide and labor market information directors Principal Deputy Assistant Secretary for workforce and labor market information affiliated with the State agencies Employment and Training Administration. system established by the Wagner- responsible for the management and [FR Doc. 2021–14679 Filed 7–9–21; 8:45 am] oversight of the workforce and labor Peyser Act, and of the statewide systems BILLING CODE 4510–FN–P that comprise the nationwide system, market information system as described and (2) how the Department and the in Wagner-Peyser Act Section 15(e)(2), States will cooperate in the management who have been nominated by the of those systems. The Secretary, acting directors; NUCLEAR REGULATORY through the Bureau of Labor Statistics (iii) One member who is a COMMISSION (BLS) and the Employment and Training representative of providers of training Administration (ETA), and in services under WIOA section 122 [NRC–2021–0001] consultation with the WIAC and (Identification of Eligible Providers of appropriate Federal agencies, must also Training Services); Sunshine Act Meetings develop a 2-year plan for management (iv) One member who is a of the system, with subsequent updates representative of economic development TIME AND DATE: Weeks of July 12, 19, 26, every two years thereafter. The statute entities; August 2, 9, 16, 2021.
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PLACE: Commissioners’ Conference For the Nuclear Regulatory Commission. Conduct of the Meeting Room, 11555 Rockville Pike, Rockville, Wesley W. Held, The ACMUI Chair, Darlene F. Metter, Maryland. Policy Coordinator, Office of the Secretary. M.D., will preside over the meeting. Dr. STATUS: Public. [FR Doc. 2021–14784 Filed 7–8–21; 11:15 am] Metter will conduct the meeting in a MATTERS TO BE CONSIDERED: BILLING CODE 7590–01–P manner that will facilitate the orderly conduct of business. The following Week of July 12, 2021 procedures apply to public participation There are no meetings scheduled for NUCLEAR REGULATORY in the meeting: the week of July 12, 2021. COMMISSION 1. Persons who wish to provide a written statement should submit an Week of July 19, 2021—Tentative Advisory Committee on the Medical electronic copy to Ms. Jamerson at the There are no meetings scheduled for Uses of Isotopes: Reschedule of contact information listed above. All the week of July 19, 2021. Public Meeting written statements must be received by August 30, 2021, three business days Week of July 26, 2021—Tentative AGENCY: Nuclear Regulatory Commission. prior to the meeting, and must pertain There are no meetings scheduled for ACTION: Reschedule of public meeting. to the topics on the agenda for the the week of July 26, 2021. meeting. SUMMARY: The U.S. Nuclear Regulatory 2. Questions and comments from Week of August 2, 2021—Tentative Commission (NRC) has rescheduled the members of the public will be permitted There are no meetings scheduled for public teleconference meeting of the during the meeting, at the discretion of the week of August 2, 2021. Advisory Committee on the Medical the ACMUI Chairman. 3. The draft transcript and meeting Week of August 9, 2021—Tentative Uses of Isotopes (ACMUI) previously scheduled for July 15, 2021. The summary will be available on ACMUI’s There are no meetings scheduled for meeting notice, published in the website https://www.nrc.gov/reading- the week of August 9, 2021. Federal Register on June 17, 2021 (86 rm/doc-collections/acmui/meetings/ Week of August 16, 2021—Tentative FR 32285), is being reissued to inform 2021.html on or about November 1, public stakeholders that the ACMUI 2021. There are no meetings scheduled for meeting will now be held on September 4. Persons who require special the week of August 16, 2021. 2, 2021. The meeting agenda and any services, such as those for the hearing CONTACT PERSON FOR MORE INFORMATION: updates are available at https:// impaired, should notify Ms. Jamerson of For more information or to verify the www.nrc.gov/reading-rm/doc- their planned participation. status of meetings, contact Wesley Held collections/acmui/meetings/2021.html This meeting will be held in at 301–287–3591 or via email at or by emailing Ms. Kellee Jamerson at accordance with the Atomic Energy Act [email protected]. The schedule for the contact information below. The of 1954, as amended (primarily Section Commission meetings is subject to agenda is subject to change. 161a); the Federal Advisory Committee change on short notice. DATES: The rescheduled teleconference Act (5 U.S.C. App); and the The NRC Commission Meeting meeting will now be held on Thursday, Commission’s regulations in 10 CFR Schedule can be found on the internet September 2, 2021, 1:00 p.m. to 3:00 part 7. at: https://www.nrc.gov/public-involve/ p.m. Eastern Daylight Time. Dated at Rockville, Maryland this 7th day public-meetings/schedule.html. of July, 2021. The NRC provides reasonable Date Webinar information For the U.S. Nuclear Regulatory accommodation to individuals with Commission. disabilities where appropriate. If you September 2, Link: https:// Russell E. Chazell, need a reasonable accommodation to 2021. usnrc.webex.com. Event number: 199 085 Federal Advisory Committee Management participate in these public meetings or 4780. Officer. need this meeting notice or the [FR Doc. 2021–14709 Filed 7–9–21; 8:45 am] transcript or other information from the Public Participation: The meeting will BILLING CODE 7590–01–P public meetings in another format (e.g., also be held as a webinar. Any member braille, large print), please notify Anne of the public who wishes to participate Silk, NRC Disability Program Specialist, in any portion of this meeting should OFFICE OF PERSONNEL at 301–287–0745, by videophone at register in advance of the meeting by MANAGEMENT 240–428–3217, or by email at accessing the provided link and event [email protected]. Determinations on number above. Upon successful Submission for Review: Life Insurance requests for reasonable accommodation registration, an email confirmation will Election, Standard Form (SF) 2817 will be made on a case-by-case basis. be generated providing the telephone AGENCY: Members of the public may request to Office of Personnel bridge line and a link to join the Management. receive this information electronically. webinar on the day of the meeting. ACTION: 30-Day notice and request for If you would like to be added to the Members of the public should also comments. distribution, please contact the Nuclear monitor the NRC’s Public Meeting Regulatory Commission, Office of the Schedule at https://www.nrc.gov/pmns/ SUMMARY: The Federal Employee Secretary, Washington, DC 20555, at mtg for any meeting updates. If there are Insurance Operations (FEIO), Healthcare 301–415–1969, or by email at any questions regarding the meeting, & Insurance, Office of Personnel [email protected] or Tyesha.Bush@ please contact Ms. Jamerson using the Management (OPM) offers the general nrc.gov. information below. public and other federal agencies the The NRC is holding the meetings FOR FURTHER INFORMATION CONTACT: opportunity to comment on an expiring under the authority of the Government Kellee Jamerson, email: information collection request (ICR) in the Sunshine Act, 5 U.S.C. 552b. [email protected], telephone: with minor edits, SF 2817—Life Dated: July 7, 2021. 301–415–7408. Insurance Election.
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DATES: Comments are encouraged and rather, members of the public, is subject wide inventory can be filtered to display will be accepted until August 11, 2021. to the Paperwork Reduction Act. the inventory data for the SEC. The SEC ADDRESSES: Interested persons are Analysis has posted its FY2019 plans for invited to submit written comments on analyzing data, a link to the FY2018 the proposed information collection to Agency: Federal Employee Insurance government-wide Service Contract the Office of Information and Regulatory Operations, Healthcare & Insurance, Inventory, the FY2018 SCI Analysis on Affairs, Office of Management and Office of Personnel Management. the SEC’s homepage at http:// Budget, 725 17th Street NW, Title: Life Insurance Election (SF www.sec.gov/about/secreports.shtml 2817). Washington, DC 20503, Attention: Desk and http://www.sec.gov/open. Officer for the Office of Personnel OMB Number: 3206–0230. Management or sent via electronic mail Frequency: On occasion. FOR FURTHER INFORMATION CONTACT: to: [email protected] or Affected Public: Individuals or Direct questions regarding the service faxed to (202) 395–6974. Households. contract inventory to Vance Cathell, Number of Respondents: 150. FOR FURTHER INFORMATION CONTACT: A Director Office of Acquisitions Estimated Time per Respondent: 15 copy of this ICR with applicable 202.551.8385 or [email protected]. minutes. supporting documentation, may be Total Burden Hours: 38 hours. Dated: July 7, 2021. obtained by contacting the Retirement Vanessa A. Countryman, Services Publications Team, Office of Office of Personnel Management. Secretary. Personnel Management, 1900 E Street Kellie Cosgrove Riley, [FR Doc. 2021–14734 Filed 7–9–21; 8:45 am] NW, Room 3316–L, Washington, DC Director, Office of Privacy and Information 20415, Attention: Cyrus S. Benson, or Management. BILLING CODE 8011–01–P sent via electronic mail to [FR Doc. 2021–14684 Filed 7–9–21; 8:45 am] [email protected] or faxed to BILLING CODE 6325–38–P (202) 606–0910 or via telephone at (202) SECURITIES AND EXCHANGE 606–4808. COMMISSION SUPPLEMENTARY INFORMATION: As SECURITIES AND EXCHANGE required by the Paperwork Reduction COMMISSION [Release No. 34–92330; File No. SR– Act of 1995 OPM is soliciting comments CboeBYX–2021–013] [Release No.: 34–92332] for this collection. The information Self-Regulatory Organizations; Cboe collection (OMB No. 3206–0230) was Public Availability of the Securities and previously published in the Federal BYX Exchange, Inc.; Notice of Exchange Commission’s FY2018 Withdrawal of a Proposed Rule Change Register on February 24, 2021 at 86 FR Service Contract Inventory 11340, allowing for a 60-day public To Introduce a New Data Product To comment period. No comments were AGENCY: Securities and Exchange Be Known as Short Sale Volume Data received. Commission. July 6, 2021. The Office of Management and Budget ACTION: Notice. is particularly interested in comments On May 28, 2021, Cboe BYX that: In accordance with Section 743 of Exchange, Inc. (the ‘‘Exchange’’) filed 1. Evaluate whether the proposed Division C of the Consolidated with the Securities and Exchange collection of information is necessary Appropriations Act of 2010 (Pub. L. Commission (‘‘Commission’’), pursuant for the proper performance of functions 111–117), SEC is publishing this notice to Section 19(b)(1) of the Securities of the agency, including whether the to advise the public of the availability Exchange Act of 1934 (‘‘Act’’) 1 and Rule information will have practical utility; of the FY2018 Service Contract 19b–4 thereunder,2 a proposed rule 2. Evaluate the accuracy of the Inventory (SCI) along with the FY2018 change to introduce a new data product agency’s estimate of the burden of the SCI Analysis. to be known as Short Sale Volume data. proposed collection of information, The SCI provides information on including the validity of the FY2018 actions above the simplified The proposed rule change was methodology and assumptions used; acquisition threshold for service published for comment in the Federal 3. Enhance the quality, utility, and contracts. The inventory organizes the Register on June 16, 2021.3 On June 30, clarity of the information to be information by function to show how 2021, the Exchange withdrew the collected; and SEC distributes contracted resources proposed rule change (SR–CboeBYX– 4. Minimize the burden of the throughout the agency. SEC developed 2021–013). collection of information on those who the inventory per the guidance issued For the Commission, by the Division of are to respond, including through the on January 17, 2017, by the Office of Trading and Markets, pursuant to delegated use of appropriate automated, Management and Budget’s Office of authority.4 electronic, mechanical, or other Federal Procurement Policy (OFPP). J. Matthew DeLesDernier, technological collection techniques or OFPP’s guidance is available at https:// other forms of information technology, www.whitehouse.gov/sites/ Assistant Secretary. e.g., permitting electronic submissions whitehouse.gov/files/omb/memoranda/ [FR Doc. 2021–14694 Filed 7–9–21; 8:45 am] of responses. 2017/service_contract_inventories.pdf. BILLING CODE 8011–01–P Standard Form 2817 is used by The Service Contract Inventory federal employees and assignees (those Analysis for FY2018 provides 1 15 U.S.C. 78s(b)(1). who have acquired control of an information based on the FY2018 2 17 CFR 240.19b–4. employee/annuitant’s coverage through Inventory. Please note that the SEC’s 3 See Securities Exchange Act Release No. 92149 (June 10, 2021), 86 FR 32076. Comment on the an assignment or ‘‘transfer’’ of the FY2018 Service Contract Inventory data proposed rule change is located at: https:// ownership of the life insurance). Only is now included in government-wide www.sec.gov/comments/sr-cboebyx-2021-013/ the use of this form by assignees who inventory available on srcboebyx2021013.htm. are not federal employees and are, www.acquisition.gov. The government- 4 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE Register on June 16, 2021.3 On June 30, PLACE: The meeting will be held via COMMISSION 2021, the Exchange withdrew the remote means and/or at the proposed rule change (SR–CboeEDGA– Commission’s headquarters, 100 F [Release No. 34–92329; File No. SR– CboeEDGX–2021–027] 2021–013). Street NE, Washington, DC 20549. For the Commission, by the Division of STATUS: This meeting will be closed to Self-Regulatory Organizations; Cboe Trading and Markets, pursuant to delegated the public. 4 EDGX Exchange, Inc.; Notice of authority. MATTERS TO BE CONSIDERED: Withdrawal of a Proposed Rule Change J. Matthew DeLesDernier, Commissioners, Counsel to the To Introduce a New Data Product To Assistant Secretary. Commissioners, the Secretary to the Be Known as Short Sale Volume Data [FR Doc. 2021–14693 Filed 7–9–21; 8:45 am] Commission, and recording secretaries BILLING CODE 8011–01–P July 6, 2021. will attend the closed meeting. Certain On May 28, 2021, Cboe EDGX staff members who have an interest in Exchange, Inc. (the ‘‘Exchange’’) filed the matters also may be present. SECURITIES AND EXCHANGE In the event that the time, date, or with the Securities and Exchange COMMISSION location of this meeting changes, an Commission (‘‘Commission’’), pursuant announcement of the change, along with to Section 19(b)(1) of the Securities [Release No. 34–92331; File No. SR- the new time, date, and/or place of the Exchange Act of 1934 (‘‘Act’’) 1 and Rule CboeBZX–2021–042] meeting will be posted on the 19b–4 thereunder,2 a proposed rule Self-Regulatory Organizations; Cboe Commission’s website at https:// change to introduce a new data product BZX Exchange, Inc.; Notice of www.sec.gov. to be known as Short Sale Volume data. Withdrawal of a Proposed Rule Change The proposed rule change was The General Counsel of the To Introduce a New Data Product To published for comment in the Federal Commission, or his designee, has Be Known as Short Sale Volume Data Register on June 16, 2021.3 On June 30, certified that, in his opinion, one or more of the exemptions set forth in 5 2021, the Exchange withdrew the July 6, 2021. U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) proposed rule change (SR–CboeEDGX– On May 28, 2021, Cboe BZX and (10) and 17 CFR 200.402(a)(3), 2021–027). Exchange, Inc. (the ‘‘Exchange’’) filed (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and with the Securities and Exchange For the Commission, by the Division of (a)(10), permit consideration of the Commission (‘‘Commission’’), pursuant Trading and Markets, pursuant to delegated scheduled matters at the closed meeting. authority.4 to Section 19(b)(1) of the Securities The subject matter of the closed Exchange Act of 1934 (‘‘Act’’) 1 and Rule J. Matthew DeLesDernier, meeting will consist of the following Assistant Secretary. 19b–4 thereunder,2 a proposed rule change to introduce a new data product topics: [FR Doc. 2021–14691 Filed 7–9–21; 8:45 am] Institution and settlement of injunctive BILLING CODE 8011–01–P to be known as Short Sale Volume data. The proposed rule change was actions; published for comment in the Federal Institution and settlement of Register on June 16, 2021.3 On June 30, administrative proceedings; SECURITIES AND EXCHANGE Resolution of litigation claims; and COMMISSION 2021, the Exchange withdrew the proposed rule change (SR–CboeBZX– Other matters relating to examinations [Release No. 34–92328; File No. SR– 2021–042). and enforcement proceedings. CboeEDGA–2021–013] At times, changes in Commission For the Commission, by the Division of priorities require alterations in the Self-Regulatory Organizations; Cboe Trading and Markets, pursuant to delegated 4 scheduling of meeting agenda items that EDGA Exchange, Inc.; Notice of authority. J. Matthew DeLesDernier, may consist of adjudicatory, Withdrawal of a Proposed Rule Change examination, litigation, or regulatory Assistant Secretary. To Introduce a New Data Product To matters. Be Known as Short Sale Volume Data [FR Doc. 2021–14695 Filed 7–9–21; 8:45 am] CONTACT PERSON FOR MORE INFORMATION: BILLING CODE 8011–01–P July 6, 2021. For further information; please contact On May 28, 2021, Cboe EDGA Vanessa A. Countryman from the Office Exchange, Inc. (the ‘‘Exchange’’) filed SECURITIES AND EXCHANGE of the Secretary at (202) 551–5400. with the Securities and Exchange COMMISSION Dated: July 8, 2021. Commission (‘‘Commission’’), pursuant Vanessa A. Countryman, to Section 19(b)(1) of the Securities Sunshine Act Meetings Secretary. Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule TIME AND DATE: 2:00 p.m. on Thursday, [FR Doc. 2021–14892 Filed 7–8–21; 4:15 pm] change to introduce a new data product July 15, 2021. BILLING CODE 8011–01–P to be known as Short Sale Volume data. The proposed rule change was 3 See Securities Exchange Act Release No. 92151 (June 10, 2021), 86 FR 32099. Comment on the SURFACE TRANSPORTATION BOARD published for comment in the Federal proposed rule change is located at: https:// www.sec.gov/comments/sr-cboeedga-2021-013/ [Docket No. EP 748] 1 15 U.S.C. 78s(b)(1). srcboeedga2021013.htm. 2 17 CFR 240.19b–4. 4 17 CFR 200.30–3(a)(12). Indexing the Annual Operating 3 See Securities Exchange Act Release No. 92147 1 15 U.S.C. 78s(b)(1). Revenues of Railroads (June 10, 2021), 86 FR 32085. Comment on the 2 17 CFR 240.19b–4. proposed rule change is located at: https:// 3 See Securities Exchange Act Release No. 92148 The Surface Transportation Board www.sec.gov/comments/sr-cboeedgx-2021-027/ (June 10, 2021), 86 FR 32088. Comment on the (Board) is publishing the annual deflator srcboeedgx2021027.htm. proposed rule change is located at: https:// 4 17 CFR 200.30–3(a)(12). www.sec.gov/comments/sr-cboebzx-2021–042/ factor and inflation-adjusted railroad 1 15 U.S.C. 78s(b)(1). srcboebzx2021042.htm. revenue thresholds for 2020. The 2 17 CFR 240.19b–4. 4 17 CFR 200.30–3(a)(12). deflator factor is used by the railroads
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to adjust their gross annual operating important because it determines the Freight Price Index developed by the revenues for classification purposes. extent to which individual railroads Bureau of Labor Statistics and is used to This indexing methodology ensures that must comply with the Board’s reporting deflate revenues for comparison with railroads are classified based on real requirements. established revenue thresholds. business expansion and not on the The Board’s annual deflator factor is effects of inflation. Classification is based on the annual average Railroad
RAILROAD REVENUE THRESHOLDS 1
Year Factor Class I Class II
2016 ...... 0.5585 447,621,226 35,809,698 2017 ...... 0.5390 463,860,933 37,108,875 2018 ...... 0.5103 489,935,956 39,194,876 2019 ...... 0.4952 504,803,294 40,384,263 2020 2 ...... 1.0000 900,000,000 40,400,000
DATES: The deflator factor is applicable DEPARTMENT OF TRANSPORTATION ensure you do not duplicate your January 1, 2020. submissions: Federal Highway Administration • Mail: Federal Highway FOR FURTHER INFORMATION CONTACT: [Docket No. FHWA–2021–0006] Administration, New York Division, Pedro Ramirez at (202) 245–0333. Attention: Shore Road Bridge Project Assistance for the hearing impaired is Notice of Intent To Prepare an (PIN X773.63), Leo W. O’Brien Federal available through the Federal Relay Environmental Impact Statement for a Building, 11A Clinton Avenue, Suite Service at (800) 877–8339. Proposed Highway Project, Bronx 719, Albany, New York 12207. • Board decisions and notices are County, NY Mail: New York City Department of available at www.stb.gov. Transportation, Division of Bridges, AGENCY: Federal Highway Shore Road Bridge Project Team, Decided: July 6, 2021. Administration (FHWA), U.S. Attention: Joannene Kidder, 55 Water By the Board, William Brennan, Ph.D., Department of Transportation (DOT). Street, 5th Floor, New York, NY 10041. Chief Economist & Director, Office of ACTION: Notice of intent to prepare an • Email: ShoreRoadBridgeBX@ Economics. environmental impact statement. dot.nyc.gov. Eden Besera, The comments received during this SUMMARY: FHWA is issuing this Notice Clearance Clerk. 30-day comment period will be of Intent (NOI) to solicit comments and [FR Doc. 2021–14680 Filed 7–9–21; 8:45 am] published in the Draft EIS without advise the public, agencies, and change, including any personal BILLING CODE 4915–01–P stakeholders that an Environmental information provided. Impact Statement (EIS) will be prepared FOR FURTHER INFORMATION CONTACT: for the proposed replacement or Richard J. Marquis, Division rehabilitation of the Shore Road Bridge Administrator, Federal Highway over the Hutchinson River in Bronx Administration, New York Division, Leo County, New York (the Project). This W. O’Brien Federal Building, 11A NOI contains a summary of the Clinton Avenue, Suite 719, Albany, information required in the Council on 1 New York 12207, Telephone: (518) 431– In Montana Rail Link, Inc., & Wisconsin Central Environmental Quality (CEQ) Ltd., Joint Petition for Rulemaking with Respect to 4127, Email: [email protected] or 49 CFR part 1201, 8 I.C.C.2d 625 (1992), the Board’s regulations. This NOI should be Naim Rasheed, Assistant Commissioner, predecessor, the Interstate Commerce Commission, reviewed together with the NOI Report, New York City Department of raised the revenue classification level for Class I which contains important details about Transportation, Traffic Engineering & railroads from $50 million (1978 dollars) to $250 the proposed project and supplements Planning, 55 Water Street, 6th floor, million (1991 dollars), effective for the reporting the information in this NOI. Persons and year beginning January 1, 1992. The Class II New York, NY 10004, Telephone: (212) agencies who may be interested in or 839–7710, Email: ShoreRoadBridgeBX@ threshold was also raised from $10 million (1978 affected by the proposed project are dollars) to $20 million (1991 dollars). On April 5, dot.nyc.gov. 2021, the Board issued a Final Rule in Montana Rail encouraged to comment on the Interested persons can also use the Link, Inc.—Petition for Rulemaking—Classification information in this NOI and the NOI Shore Road Bridge email address of Carriers, Docket No. EP 763, in which the Report. referenced above to request to be added revenue classification level for Class I railroads was DATES: Comments on the NOI or the NOI to the project mailing list to receive raised from $250 million (1991 dollars) to $900 Report are to be received by FHWA at notices of future project information. million (2019 dollars) effective for the reporting year beginning January 1, 2020. The Class II the address below by August 11, 2021. SUPPLEMENTARY INFORMATION: FHWA, as threshold was converted and rounded from $20 ADDRESSES: This NOI and the NOI Federal lead agency, the New York State million (1991 dollars) to $40.4 million (2019 Report are also available in the docket Department of Transportation dollars). referenced above at http:// (NYSDOT), as joint lead agency, and the 2 The 2019 values reflect those in Indexing the www.regulations.gov. and on the project New York City Department of Annual Operating Revenues of Railroads, EP 748 website located at https://shoreroad Transportation (NYCDOT), as project (STB served June 10, 2020). The 2020 values are bridgebx.com/. The NOI Report will be sponsor and joint lead agency, are based on the new thresholds established in Docket No. EP 763 and the deflator factor is referenced to mailed upon request. preparing an EIS for the Shore Road the new base year of 2019. As the Railroad Freight To submit comments on the NOI or Bridge over Hutchinson River Project Price Index remained the same from 2019 to 2020, the NOI Report, please submit them by located in the Bronx, New York, in the annual deflator factor for 2020 is 1.0000. only one of the following means to accordance with the requirements of the
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National Environmental Policy Act improve bicycle/pedestrian facilities on project website as noted in the (NEPA) of 1969, as amended (42 U.S.C. the Shore Road Bridge. The Project is ADDRESSES section. 4321, et seq.), 23 U.S.C. 139, CEQ needed to address structural 3. Summary of Expected Impacts regulations implementing NEPA (40 deficiencies; improve vehicular and CFR 1500–1508), FHWA regulations marine traffic operations and the The EIS will include an evaluation of implementing NEPA (23 CFR 771.101– operational reliability of the bridge; the potential social, economic, and 771.139) and applicable Federal, State, address geometric deficiencies; and environmental effects resulting from the and local governmental laws and improve pedestrian and bicycle implementation of the Project. Based on regulations. The Project is classified as accommodations. The complete current preliminary review of existing a NEPA Class I action under 23 CFR part draft project purpose and need conditions within and in proximity to 771 and a City Environmental Quality statement may be reviewed in the NOI the Project location, the implementation Review (CEQR) Type 1 action under 6 Report available in the docket of the Project could result in effects to NYCRR 617 and 43 RCNY § 6. To ensure established for this project and on the cultural and historic resources; social that a full range of issues are addressed project website as noted in the conditions; parks and recreational areas; in the EIS and potential issues are ADDRESSES section. Comments on the threatened and endangered species; identified, comments and suggestions Purpose and Need for the Proposed tidal wetlands; coastal resources; are invited from all interested parties. Action are welcomed during the NOI navigable waters; hazardous waste and FHWA requests comments and comment period. contaminated materials; floodplains; suggestions on potential project traffic noise; air quality; local and 2. Preliminary Description of the alternatives and impacts, and the regional economies; and visual Proposed Action and Alternatives identification of any relevant resources. The analyses and evaluations information, studies, or analyses of any A reasonable range of alternatives for conducted for the EIS will identify the kind concerning impacts affecting the detailed study in the EIS is currently potential for effects; whether the quality of the human environment. The being considered and will be refined in anticipated effects would be adverse; purpose of this request is to bring consideration of agency and public and mitigation measures for adverse relevant comments, information, and comments received during the NOI effects. Evaluations under Section 4(f) of analyses to FHWA’s attention, as early comment period. In addition to the No the USDOT Act of 1966, 23 CFR part in the process as possible, to enable the Action Alternative, potential project 774, and Section 6(f) of the Land and agency to make maximum use of this alternatives include bridge replacement Water Conservation Fund Act of 1965, information in decision making. and bridge rehabilitation. A preliminary 54 U.S.C. 200302, will be prepared, and An NOI was previously published in description of these potential consultation under Section 106 of the the Federal Register in 1999 to advise alternatives is provided below. National Historic Preservation Act of the public that an EIS would be Additional information on the proposed 1966, 54 U.S.C. 300101–307108, will be prepared for rehabilitation, alternatives is included in the NOI undertaken concurrently with the reconstruction, or replacement of the Report available for review in the docket NEPA/CEQR environmental review Shore Road Bridge over the Hutchinson established for this project and on the processes. Additional information on River in Bronx County, New York. project website as noted in the the expected impacts is provided in the FHWA rescinded the 1999 NOI by a ADDRESSES section. Comments on the NOI Report available for review in the Notice published in the Federal proposed alternatives to be included in docket established for this project and Register on May 6, 2021, because a the draft EIS are welcomed during the on the project website as noted in the substantial amount of time had passed NOI comment period. ADDRESSES section. Comments on the since the original NOI was published. The No Action Alternative assumes expected impacts to be analyzed in the The Shore Road Bridge, also known as no improvements other than those draft EIS are welcomed during the NOI the Pelham Bridge, is an 865-foot-long planned by others or implemented as comment period. bridge with seven spans. The main span part of routine maintenance. The Bridge 4. Anticipated Permits and Other over the navigation channel is a double- Rehabilitation Alternative would Authorizations leaf movable bascule span, which is require major work to extend the useful flanked by three concrete arch spans on life of the existing Shore Road Bridge. Potential permits and approvals for either side. The bridge and its The operability of the bridge would the Project include: U.S. Army Corps of associated roadway provide access to need to be maintained while addressing Engineers (USACE) permits under major interchanges with the Hutchinson structural deficiencies, geometric Section 404 of the Clean Water Act, 33 River Parkway and Bruckner deficiencies, and operational reliability U.S.C. 1344, and Section 10 of the Expressway west of the bridge and City of the bridge. Rivers and Harbors Act, 33 U.S.C. 403, Island Road east of the bridge. The Bridge Replacement Alternative for construction in the Hutchinson River would replace the existing Shore Road and potential tidal wetland impacts; 1. Purpose and Need for the Proposed Bridge with a new bridge. Various U.S. Coast Guard (USCG) Bridge Permit, Action bridge replacement concepts will be which establishes allowable clearances The purpose of the Project is to considered during the scoping process, for bridges over navigable waterways address the structural deficiencies, including both on-line and off-line such as the Hutchinson River; National geometric deficiencies, and operational horizontal alignments and several Marine Fisheries Service (NMFS) reliability for multi-modal users, different vertical profile/clearances Section 7 Endangered Species Act, 16 including marine vessels, of the Shore (heights) over the navigation channel in U.S.C. 1536, consultation for potential Road Bridge over the Hutchinson River. the closed or fixed positions. impacts on threatened and/or The objectives of the Project are to Additional information on the endangered species in the Hutchinson address the identified structural, potential alternatives, as well as maps River; U.S. Fish and Wildlife Service geometric and operational deficiencies and figures illustrating the project (USFWS) Section 7 Endangered Species of the crossing, address operational location, are provided in the NOI Report Act, 16 U.S.C. 1536, consultation for constraints associated with the passage available for review in the docket potential impacts to federally-listed of marine vessels under the bridge, and established for this project and on the threatened species; NMFS Essential Fish
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Habitat Consultation for potential authorization decisions for major Involvement Plan were distributed to impacts to species due to construction infrastructure projects occur within two the Cooperating Agencies on April 7, in the Hutchinson River; as well as any years (from the date of publication of 2021 and will be posted on the project other relevant New York State and City the NOI to the date of issuance of the website. permits. Field verification meetings Record of Decision [ROD]), and all As described in the ADDRESSES with USACE for the wetlands necessary authorizations be issued section, an NOI Report is located in the delineation were held on June 12, 2018 efficiently and in a timely manner, in docket established for this project and and September 10, 2019. USACE issued cooperation with the FHWA. A current a jurisdictional determination (JD) on draft of the coordination plan, public on the project website. The NOI Report June 15, 2020. involvement plan, and project schedule includes the Draft Statement of Purpose, The first Cooperating Agency meeting are included in the NOI Report, which Needs and Objectives; Agency for the Project was held on March 3, is available for review in the docket Coordination Plan; Public Involvement 2021. Cooperating Agencies include established for this project and on the Plan; Schedule/NEPA Process/Project USACE, NMFS, United States project website as noted in the Timeline; and Project Maps/Figures. Environmental Protection Agency ADDRESSES section. Public notice will be given of the date, (USEPA), Federal Transit The anticipated project schedule is time, and location of the Public Scoping Administration (FTA), New York State outlined below: Meeting consistent with the Public Department of Environmental • Public Scoping Meetings (August Involvement Plan. To assist in Conservation (NYSDEC), and New York 2021) determining the scope of issues to be State Historic Preservation Office • Scoping Report Publication addressed and identifying the potential (SHPO) at New York State Office of (November 2021) for significant issues related to the Parks, Recreation, and Historic • Notice of Availability of the Draft EIS proposed action, the public will have Preservation (NYSOPRHP). (DEIS) (October 2022) the opportunity to submit written • The first Participating Agency Public Hearing (October 2022) comments at the Public Scoping • meeting for the Project was held on End of DEIS Comment Period Meeting and during the 30-day scoping March 5, 2021. Participating Agencies (November 2022) comment period beginning on the date • Publish Single Final EIS (FEIS)/ROD include USCG, United States of this NOI publication. A DEIS will be (April 2023) Department of Interior (USDOI)/ available for public and agency review National Park Service (NPS), USFWS, • Issue all Project Permits and Authorization Decisions (July 2023) and comment prior to the DEIS Public Advisory Council on Historic Hearing. Preservation (ACHP), Metropolitan 6. A Description of the Public Scoping Transportation Authority (MTA), Process 7. Request for Identification of Potential Village of Pelham Manor, New York Alternatives, Information, and City Department of Parks and Recreation Public and agency outreach will Analyses Relevant to the Proposed (NYCDPR), New York City Department include a formal Public Scoping Action of City Planning (NYCDCP), New York Meeting scheduled on August 3, 2021. City Landmarks Preservation A Public Hearing on the DEIS will also With this Notice, FHWA, NYSDOT, Commission (LPC), New York City be scheduled. The first Cooperating and NYCDOT request and encourage Department of Environmental Protection Agency meeting for the Project was held State, Tribal, and local government (NYCDEP), New York City Mayor’s on March 3, 2021 and the first agencies, and the public, to review the Office of Resiliency (NYCMOR), New Participating Agency meeting for the NOI and NOI Report, and submit York City Office of Emergency Project was held on March 5, 2021. comments on any aspect of the Project. Management (NYCEM), New York City During these meetings, the agencies Specifically, agencies and the public are Mayor’s Office of Environmental were presented with a general overview asked to identify and submit potential Coordination, New York City Mayor’s of the Project, including the project alternatives for consideration and Office of Sustainability (NYCMOS), needs, purpose, and objectives and information such as anticipated New York City Department of Sanitation project schedule, a discussion of the significant issues or environmental (DSNY), Fire Department of the City of anticipated roles and responsibilities of impacts and analyses relevant to the New York (FDNY), City of New York the agencies, a summary of key proposed action for consideration by the Police Department (NYPD), New York environmental topics, and planned Lead and Cooperating Agencies in City Public Design Commission, New public outreach activities. Monthly developing the DEIS. Comments must meetings with Cooperating Agencies York Office of General Services (OGS), be received by August 11, 2021. and periodic meetings with Delaware Tribe, Shinnecock Indian Comments or questions concerning this Participating Agencies will continue to Nation Tribal Office, and Stockbridge- proposed action, including comments be held throughout the environmental Munsee Community. relative to potential alternatives, review process. Concurrence Point #1, Meetings with Cooperating and information and analyses, should be Participating Agencies will continue to the adoption of the Project Purpose, Objectives, and Need, was distributed to directed to the FHWA and NYCDOT at be held throughout the environmental FOR the Cooperating Agencies on March 8, the addresses provided in the review process. In addition, a meeting FURTHER INFORMATION CONTACT section of with USCG was held on April 21, 2021. 2021. Attachment A to the Agency Coordination Plan is the Permitting this notice. 5. Schedule for the Decision-Making Timetable and it was distributed to the Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. Process Cooperating Agencies on March 16, 139; 23 CFR part 771. The Project schedule will be 2021 and April 9, 2021. The Permitting Issued on: June 30, 2021. established as part of the requirements Timetable will be posted by FHWA to of the environmental review process the Federal Permitting Dashboard Richard J. Marquis, under 23 U.S.C. 139 and will comply within 30 days of the publication of this Division Administrator, Albany, NY. with 40 CFR 1501.10(b)(2), which Notice of Intent. The Agency [FR Doc. 2021–14549 Filed 7–9–21; 8:45 am] requires that environmental reviews and Coordination Plan and Public BILLING CODE 4910–22–P
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DEPARTMENT OF TRANSPORTATION attachments to the comments. If This notice of receipt of Volkswagen’s comments are submitted in hard copy petition is published under 49 U.S.C. National Highway Traffic Safety form, please ensure that two copies are 30118 and 30120 and does not represent Administration provided. If you wish to receive any Agency decision or other exercise of confirmation that comments you have judgment concerning the merits of the [Docket No. NHTSA–2020–0114; Notice 1] submitted by mail were received, please petition. Volkswagen Group of America, Inc., enclose a stamped, self-addressed II. Vehicles Involved: Approximately Receipt of Petition for Decision of postcard with the comments. Note that 115,855 of the following MY 2020–2021 Inconsequential Noncompliance all comments received will be posted motor vehicles, manufactured between without change to https:// December 16, 2019, and August 28, AGENCY: National Highway Traffic www.regulations.gov, including any 2020, are potentially involved: Safety Administration (NHTSA), personal information provided. • MY 2020 Volkswagen Arteon; Department of Transportation (DOT). All comments and supporting • MY 2020 Volkswagen Passat; • materials received before the close of MY 2021 Volkswagen Atlas; ACTION: Receipt of petition. • business on the closing date indicated MY 2020 Volkswagen Atlas Cross SUMMARY: Volkswagen Group of Sport; above will be filed in the docket and • America, Inc. (Volkswagen), has will be considered. All comments and MY 2020 Volkswagen Tiguan; • MY 2020 Volkswagen Jetta; and determined that certain model year supporting materials received after the • MY 2020 Volkswagen Jetta GLI. (MY) 2020–2021 Volkswagen motor closing date will also be filed and will vehicles do not fully comply with III. Noncompliance: Volkswagen be considered to the fullest extent explains that the noncompliance is due Federal Motor Vehicle Safety Standard possible. (FMVSS) No. 138, Tire Pressure to an error in the owner’s manual When the petition is granted or editing process and that the subject Monitoring Systems. Volkswagen filed a denied, notice of the decision will also noncompliance report dated October 23, motor vehicles may have received an be published in the Federal Register owner’s manual that did not have the 2020, and later amended it on pursuant to the authority indicated at November 11, 2020. Volkswagen also exact statement in English as required the end of this notice. by paragraph S4.5(a) of FMVSS No. 138. petitioned NHTSA on November 16, All comments, background Specifically, the written instructions to 2020, for a decision that the subject documentation, and supporting vehicle operators about the functionality noncompliance is inconsequential as it materials submitted to the docket may of the tire pressure monitoring system relates to motor vehicle safety. This be viewed by anyone at the address and was not included in the exact wording notice announces receipt of times given above. The documents may Volkswagen’s petition. per paragraph S4.5(a). also be viewed on the internet at https:// IV. Rule Requirements: Paragraph DATES: Send comments on or before www.regulations.gov by following the S4.5(a) of FMVSS No. 138 includes the August 11, 2021. online instructions for accessing the requirements relevant to this petition. ADDRESSES: Interested persons are docket. The docket ID number for this Beginning on September 1, 2006, the invited to submit written data, views, petition is shown in the heading of this owner’s manual in each vehicle certified and arguments on this petition. notice. as complying with paragraph S4 of Comments must refer to the docket and DOT’s complete Privacy Act FMVSS No. 138 must provide an image notice number cited in the title of this Statement is available for review in a of the Low Tire Pressure Telltale symbol notice and submitted by any of the Federal Register notice published on (and an image of the TPMS Malfunction following methods: April 11, 2000 (65 FR 19477–78). Telltale warning (TPMS), if a dedicated • Mail: Send comments by mail FOR FURTHER INFORMATION CONTACT: telltale is utilized for this function) with addressed to the U.S. Department of Kerrin Bressant, Compliance Engineer, the following statement in English: Transportation, Docket Operations, M– NHTSA, Office of Vehicle Safety Each tire, including the spare (if 30, West Building Ground Floor, Room Compliance, (202) 366–1110. provided), should be checked monthly W12–140, 1200 New Jersey Avenue SE, SUPPLEMENTARY INFORMATION: when cold and inflated to the inflation Washington, DC 20590. I. Overview: Volkswagen has pressure recommended by the vehicle • Hand Delivery: Deliver comments determined that certain MY 2020–2021 manufacturer on the vehicle placard or by hand to the U.S. Department of Volkswagen motor vehicles do not fully tire inflation pressure label. (If your Transportation, Docket Operations, M– comply with the requirements of vehicle has tires of a different size than 30, West Building Ground Floor, Room Paragraph S4.5(a) of FMVSS No. 138, the size indicated on the vehicle placard W12–140, 1200 New Jersey Avenue SE, Tire Pressure Monitoring Systems (49 or tire inflation pressure label, you Washington, DC 20590. The Docket CFR 571.138). Volkswagen filed a should determine the proper tire Section is open on weekdays from 10 noncompliance report dated October 23, inflation pressure for those tires.) a.m. to 5 p.m. except for Federal 2020, and later amended it on As an added safety feature, your holidays. November 11, 2020, pursuant to 49 CFR vehicle has been equipped with a tire • Electronically: Submit comments part 573, Defect and Noncompliance pressure monitoring system (TPMS) that electronically by logging onto the Responsibility and Reports. Volkswagen illuminates a low tire pressure telltale Federal Docket Management System subsequently petitioned NHTSA on when one or more of your tires is (FDMS) website at https:// November 16, 2020, for an exemption significantly under-inflated. www.regulations.gov/. Follow the online from the notification and remedy Accordingly, when the low tire pressure instructions for submitting comments. requirements of 49 U.S.C. Chapter 301 telltale illuminates, you should stop and • Comments may also be faxed to on the basis that this noncompliance is check your tires as soon as possible, and (202) 493–2251. inconsequential as it relates to motor inflate them to the proper pressure. Comments must be written in the vehicle safety, pursuant to 49 U.S.C. Driving on a significantly under-inflated English language, and be no greater than 30118(d) and 30120(h) and 49 CFR part tire causes the tire to overheat and can 15 pages in length, although there is no 556, Exemption for Inconsequential lead to tire failure. Under-inflation also limit to the length of necessary Defect or Noncompliance. reduces fuel efficiency and tire tread
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life, and may affect the vehicle’s V. Summary of Volkswagen’s Petition: 4. Additionally, Volkswagen says it is handling and stopping ability. The following views and arguments not aware of any field or customer Please note that the TPMS is not a presented in this section, ‘‘V. Summary complaints related to this condition, nor substitute for proper tire maintenance, of Volkswagen’s Petition,’’ are the views has it been made aware of any accidents and it is the driver’s responsibility to and arguments provided by or injuries that have occurred as a result maintain correct tire pressure, even if Volkswagen. They have not been of this issue. under-inflation has not reached the evaluated by the Agency and do not Volkswagen concludes that the level to trigger illumination of the TPMS reflect the views of the Agency. subject noncompliance is low tire pressure telltale. Volkswagen describes the subject inconsequential as it relates to motor [The following paragraph is required noncompliance and contends that the vehicle safety, and that its petition to be for all vehicles certified to the standard noncompliance is inconsequential as it exempted from providing notification of starting on September 1, 2007, and for relates to motor vehicle safety. the noncompliance, as required by 49 vehicles voluntarily equipped with a In support of its petition, Volkswagen U.S.C. 30118, and a remedy for the compliant TPMS MIL before that time.] submitted the following reasoning: noncompliance, as required by 49 Your vehicle has also been equipped 1. Volkswagen states that the affected U.S.C. 30120, should be granted. with a TPMS malfunction indicator to manuals all have sections devoted to NHTSA notes that the statutory indicate when the system is not describing appropriate tire pressures provisions (49 U.S.C. 30118(d) and operating properly. [For vehicles with a and the functionality of the tire pressure 30120(h)) that permit manufacturers to dedicated MIL telltale, add the monitoring system and that the affected file petitions for a determination of following statement: The TPMS manuals contain equivalent instructions inconsequentiality allow NHTSA to malfunction indicator is provided by a to those set forth in S4.5(a), just in exempt manufacturers only from the separate telltale, which displays the different words. Volkswagen compared duties found in sections 30118 and symbol ‘‘TPMS’’ when illuminated.] the required language and the actual 30120, respectively, to notify owners, [For vehicles with a combined low tire language and believes that the purchasers, and dealers of a defect or pressure/MIL telltale, add the following comparable text present in the owner’s noncompliance and to remedy the statement: The TPMS malfunction manuals is consistent with the rationale defect or noncompliance. Therefore, any indicator is combined with the low tire and intent of the FMVSS No. 138 decision on this petition only applies to pressure telltale. When the system requirements, even though the exact the subject vehicles that Volkswagen no detects a malfunction, the telltale will words required by the standard are not longer controlled at the time it flash for approximately one minute and used. determined that the noncompliance then remain continuously illuminated. 2. Volkswagen asserts that NHTSA existed. However, any decision on this This sequence will continue upon has granted similar petitions in the past petition does not relieve vehicle subsequent vehicle start-ups as long as in which required owner’s manual text distributors and dealers of the the malfunction exists.] When the was not present in verbatim form, but an prohibitions on the sale, offer for sale, malfunction indicator is illuminated, equivalent version of the text was or introduction or delivery for the system may not be able to detect or present. See 65 FR 14009 (label and introduction into interstate commerce of signal low tire pressure as intended. owner’s manual missing FMVSS No. the noncompliant motor vehicles under TPMS malfunctions may occur for a 303 required text but include their control after Volkswagen notified variety of reasons, including the substantive equivalent) and 80 FR 68602 them that the subject noncompliance installation of replacement or alternate (owner’s manual missing description existed. tires or wheels on the vehicle that required by FMVSS No. 226). (Authority: 49 U.S.C. 30118, 30120: prevent the TPMS from functioning 3. Volkswagen states that as of the last delegations of authority at 49 CFR 1.95 and properly. Always check the TPMS dates of production for the subject 501.8) malfunction telltale after replacing one vehicles, the condition has been or more tires or wheels on your vehicle corrected and that any affected vehicles Otto G. Matheke III, to ensure that the replacement or held at the factory have been corrected, Director, Office of Vehicle Safety Compliance. alternate tires and wheels allow the and unsold units in dealer inventory [FR Doc. 2021–14743 Filed 7–9–21; 8:45 am] TPMS to continue to function properly. will be corrected prior to sale. BILLING CODE 4910–59–P
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Vol. 86 Monday, No. 130 July 12, 2021
Part II
Pension Benefit Guaranty Corporation
29 CFR Parts 4000 and 4262 Special Financial Assistance by PBGC; Interim Final Rule
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PENSION BENEFIT GUARANTY FOR FURTHER INFORMATION CONTACT: demonstrate eligibility for SFA and the CORPORATION Daniel S. Liebman (liebman.daniel@ amount of SFA to be paid by PBGC to pbgc.gov; 202–229–6510) Deputy the plan. It identifies which plans will 29 CFR Parts 4000 and 4262 General Counsel, Program Law and be given priority to file applications RIN 1212–AB53 Policy Department, Hilary Duke before March 11, 2023, and provides for ([email protected]; 202–229–3839), a processing system, which will Special Financial Assistance by PBGC Assistant General Counsel for accommodate the filing and review of Regulatory Affairs, or Stephanie Cibinic many applications in a limited amount AGENCY: Pension Benefit Guaranty ([email protected]; 202–229– of time. It also establishes permissible Corporation. 6352), Deputy Assistant General investments for SFA funds and ACTION: Interim final rule; request for Counsel for Regulatory Affairs, Office of restrictions and conditions on plans that comments. the General Counsel, Pension Benefit receive SFA. Guaranty Corporation, 1200 K Street SUMMARY: This document contains an Background NW, Washington, DC 20005–4026. TTY interim final rule that sets forth the users may call the Federal Relay service PBGC and the Multiemployer Insurance requirements for special financial toll-free at 800–877–8339 and ask to be Program assistance applications and related connected to 202–229–6510, 202–229– restrictions and conditions pursuant to PBGC administers two insurance 3839, or 202–229–6352. the American Rescue Plan Act of 2021. programs for private-sector defined SUPPLEMENTARY INFORMATION: benefit pension plans under title IV of DATES: ERISA: One for single-employer defined Effective date: This interim final rule Executive Summary is effective on July 12, 2021. benefit pension plans and one for Comment date: Comments must be Purpose and Authority multiemployer defined benefit pensions received on or before August 11, 2021 This interim final rule adds to the plans (multiemployer plans). In general, to be assured of consideration. regulations of the Pension Benefit a multiemployer plan is a collectively bargained plan involving two or more ADDRESSES: Comments may be Guaranty Corporation (PBGC) a new unrelated employers. The submitted by any of the following part 4262 to implement the multiemployer insurance program methods: requirements under section 9704 of the protects the benefits of approximately • Federal eRulemaking Portal: http:// American Rescue Plan Act of 2021, 10.9 million workers and retirees in www.regulations.gov. Follow the online ‘‘Special Financial Assistance Program approximately 1,400 plans. This interim instructions for submitting comments. for Financially Troubled Multiemployer • Email: [email protected]. Plans.’’ This program enhances final rule deals with multiemployer • Mail or Hand Delivery: Regulatory retirement security for millions of plans. The multiemployer insurance Affairs Division, Office of the General Americans by providing eligible program provides PBGC with tools to Counsel, Pension Benefit Guaranty multiemployer defined benefit pension help plans that are insolvent or Corporation, 1200 K Street NW, plans with special financial assistance approaching insolvency to be able to Washington, DC 20005–4026. (SFA) in the amounts required for the 1 Commenters are strongly encouraged pay guaranteed benefits. This help is plans to pay all benefits due during the primarily in the form of financial to submit public comments period beginning on the date of payment electronically. PBGC expects to have assistance loans under section 4261(a) of SFA through the plan year ending in of ERISA. Under that provision, when a limited personnel available to process 2051. multiemployer plan becomes insolvent, public comments that are submitted on PBGC’s legal authority for this PBGC provides periodic financial paper through mail. Until further notice, rulemaking comes from new section assistance payments to the insolvent any comments submitted on paper will 4262 of the Employee Retirement plan in amounts that, together with be considered to the extent practicable. Income Security Act of 1974 (ERISA) existing plan assets and any other plan All submissions must include the (Special Financial Assistance by the income, are sufficient to pay guaranteed agency’s name (Pension Benefit Corporation), which requires PBGC to benefit amounts to participants and Guaranty Corporation, or PBGC) and issue regulations or guidance setting beneficiaries. In general terms, a plan is title for this rulemaking (Special forth requirements for SFA applications insolvent if it cannot pay benefits when Financial Assistance by PBGC) and the by July 9, 2021, permits PBGC to Regulation Identifier Number for this due. provide for how SFA and earnings The Multiemployer Pension Reform rulemaking (RIN 1212–AB53). thereon are to be invested, and, in Act of 2014 (MPRA) created pathways Comments received will be posted consultation with the Secretary of the under ERISA to help improve solvency without change to PBGC’s website, Treasury, permits PBGC to impose for plans that are likely to become www.pbgc.gov, including any personal reasonable conditions by regulation or insolvent. Plans that are in critical and information provided. Do not submit other guidance on an eligible declining status 2 may apply to the U.S. comments that include any personally multiemployer plan that receives SFA. identifiable information or confidential PBGC’s legal authority also comes from 1 Multiemployer plan guaranteed benefits are business information. section 4002(b)(3) of ERISA, which primarily nonforfeitable benefits and the maximum Copies of comments may also be authorizes PBGC to issue regulations to guarantee is set by law under section 4022A of obtained by writing to Disclosure carry out the purposes of title IV of ERISA. Division, Office of the General Counsel, ERISA, and from section 4003(a) of 2 A plan is in critical and declining status if the plan satisfies the criteria for critical status under Pension Benefit Guaranty Corporation, ERISA, which authorizes PBGC to section 305(b)(2) of ERISA and is projected to 1200 K Street NW, Washington, DC conduct investigations and audits. become insolvent within the meaning of section 20005–4026 or calling 202–229–4040 4245 during the current plan year or any of the 14 during normal business hours. TTY Major Provisions of the Regulatory succeeding plan years (or 19 succeeding plan years Action if the plan has a ratio of inactive participants to users may call the Federal relay service active participants that exceeds 2 to 1 or if the toll-free at 800–877–8339 and ask to be This rulemaking sets forth what funded percentage of the plan is less than 80 connected to 202–229–4040. information a plan is required to file to percent).
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Department of the Treasury (Treasury financially troubled multiemployer U.S. Department of Labor (Department Department) for a suspension of benefits plans. The SFA program is expected to of Labor or Department)), section 4262 under section 305(e)(9) of ERISA to assist plans covering more than 3 of ERISA specifically provides for avoid insolvency. Generally, under this million participants and beneficiaries, consultation with the Treasury process, these plans may propose a including the provision of funds to Department particularly on SFA reduction of benefits to no less than 110 reinstate suspended monthly benefits applications involving a plan’s percent of PBGC’s guaranteed benefit going forward, and for make-up reinstatement of suspended benefits.4 amount if a plan is projected to become payments to restore previously The statute also provides for insolvent before paying all promised suspended benefits of participants and consultation with the Treasury benefits when due. A plan may also beneficiaries. In turn, the SFA program Department with respect to a plan that request partition assistance from PBGC improves the financial condition of proposes in its application to change (under section 4233 of ERISA), which PBGC’s multiemployer insurance assumptions, with respect to a plan that allows the plan to transfer responsibility program. It is expected that over 100 files an application under PBGC for paying monthly guaranteed benefits plans that would have otherwise regulations or guidance prioritizing for a portion of the plan’s participants become insolvent during the next 15 certain applications, and on the and beneficiaries to a newly created years will instead forestall insolvency as conditions imposed on plans that successor plan that receives financial a direct result of receiving SFA. receive SFA.5 This interim final rule is assistance from PBGC. When a partition Section 9704 of ARP amends section a result of that coordination and is approved, the original plan has an 4005 of ERISA to establish an eighth consultation, which will continue as the ongoing obligation to pay and preserve fund for SFA from which PBGC will SFA program gets underway at PBGC benefits for all participants at levels provide SFA to multiemployer plans and plans begin to apply. above PBGC’s guaranteed amounts. under the program created by the MPRA also allows critical and addition of section 4262 of ERISA. The Listening Sessions and Request for declining plans that are likely to become eighth fund will be credited with Comment insolvent to request financial assistance amounts from time to time as the After ARP was enacted, interested from PBGC upon merging with another Secretary of the Treasury, in parties requested to share their views multiemployer plan (‘‘facilitated conjunction with the Director of PBGC, with PBGC, and PBGC held listening mergers’’ under section 4231(e) of determines appropriate, from the sessions at their request. ERISA). Financial assistance to the general fund of the Treasury Representatives of PBGC’s Board of merged plan may promote mergers with Department. Transfers from the general Directors (the Secretaries of the more viable plans and eliminate the fund to the eighth fund cannot occur Department of Labor, the Treasury need for benefit reductions. after September 30, 2030. Department, and the Department of In recent years, Congress considered a New section 4262 of ERISA sets forth Commerce) also participated in these range of proposals to address the the requirements for SFA, including listening sessions. Most of the funding crisis in the multiemployer specifying which plans are eligible to requesters provided letters or agendas pension system, including proposals to apply, the cutoff date for applications, outlining their concerns. In addition, expand PBGC’s partition authority, loan actuarial assumptions, determinations other interested parties sent PBGC programs, and broader reforms to on applications, restrictions on the use letters communicating their views. stabilize multiemployer plans and of SFA, and that certain plans with PBGC considered the views and extend the solvency of PBGC’s suspended benefits 3 must reinstate concerns expressed, which helped to multiemployer insurance program. In those benefits and provide make-up inform this interim final rule. 2018, Congress created the Joint Select payments to restore previously PBGC has included a request for Committee on Solvency of suspended benefits. Unlike the financial public comment in this rulemaking and Multiemployer Pension Plans to assistance provided under section 4261 encourages all interested parties to develop recommendations to address of ERISA, which is in the form of a loan submit their comments, suggestions, the problems in the multiemployer and provided in periodic payments, a and views concerning the rule’s pension system. While the Committee plan receiving SFA under section 4262 provisions. PBGC is particularly did not issue recommendations before has no obligation to repay SFA, and interested in feedback on where any its term expired, it succeeded in PBGC must pay SFA in the form of a additional guidance may be needed. creating a broader understanding of the single, lump sum payment. issues and identifying potential reforms. Section 4262 of ERISA requires PBGC Overview and Section-by-Section While not a permanent solution, to prescribe in regulations or other Discussion of Regulation Congress enacted, and the President guidance the requirements for SFA Overview and Purpose signed into law on March 11, 2021, the applications, including an alternate American Rescue Plan (ARP) Act of application for plans with an approved To implement section 4262 of ERISA, 2021 (Pub. L. 117–2), to address the partition under section 4233 of ERISA. PBGC is adding a new part 4262 to its immediate crisis facing severely PBGC also may prioritize applications regulations, ‘‘Special Financial underfunded multiemployer plans and during the first 2 years after March 11, Assistance by PBGC.’’ The purpose of the solvency of PBGC, and to assist 2021, prescribe how SFA funds are to be this new part is to prescribe rules plans by providing funds to reinstate invested, and impose conditions on governing applications for SFA and suspended benefits. plans that receive SFA. related requirements. Part 4262 provides Although PBGC’s rulemakings guidance to multiemployer pension American Rescue Plan Act of 2021— plan sponsors on eligibility, Special Financial Assistance Program generally involve coordination and consultation with the other two agencies determining the amount of SFA, content for Financially Troubled Multiemployer of an application for SFA, the process of Plans that have jurisdiction over pension plans (the Treasury Department and the applying, PBGC’s review of ARP creates a program to enhance retirement security for millions of 3 Plans with suspended benefits pursuant to 4 See sections 4262(k) and 4262(n) of ERISA. Americans by providing SFA to sections 305(e)(9) and 4245(a) of ERISA. 5 See sections 4262(m) and 4262(n) of ERISA.
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applications, and restrictions and terminated by mass withdrawal before 3(26) of ERISA) and the denominator of conditions. the plan year selected to determine which is current liabilities (as defined eligibility under § 4262.3(a)(1) is not in in section 431(c)(6)(D) of the Code). Eligible Multiemployer Plans critical and declining status for that year The numerator for the plan’s funded There are four types of multiemployer and therefore is not eligible for SFA. For percentage under § 4262.3(c)(2) is plans identified in section 4262(b)(1) of example, if a plan in critical and calculated using the current value of ERISA that are eligible to apply for SFA declining status terminated by mass assets on line 2a of Schedule MB,7 under § 4262.3 of PBGC’s regulation. withdrawal in 2019, the plan would not which is also required to be reported on This exclusive list consists of: be eligible for SFA under § 4262.3(a)(1) line 1l, column (a) of the Schedule H,8 (1) A plan in critical and declining because it was not in critical and and adding to it the current value of status (within the meaning of section declining status in 2020, 2021, or 2022. withdrawal liability payments due to be 305(b)(6) of ERISA) in any plan year However, if a plan in critical and received by the plan on an accrual basis beginning in 2020, 2021, or 2022. declining status terminated by mass reflecting a reasonable allowance for (2) A plan with a suspension of withdrawal in 2020, the plan would be amounts considered uncollectible 9 (if benefits approved under section eligible for SFA. not already included in the current 305(e)(9) of ERISA as of the date ARP With respect to critical status plans, value of net assets reported on line 2a). became law (March 11, 2021). PBGC provides some clarifications on The value calculated for the numerator (3) A plan certified to be in critical eligibility. Section 4262.3(c)(1) clarifies is consistent with the meaning of status (within the meaning of section that a plan that has elected to be in current value of assets under section 305(b)(2) of ERISA) that has a modified critical status under section 305(b)(4) of 3(26) of ERISA.10 The current value of funded percentage of less than 40 ERISA but is not certified to be in assets includes total cash contributions percent and a ratio of active to inactive critical status under section 305(b)(2) is due to be received on an accrual basis. participants which is less than 2 to 3, in not an eligible multiemployer plan. To The denominator for the plan’s any plan year beginning in 2020, 2021, ensure uniformity for applications and funded percentage under § 4262.3(c)(2) or 2022. clarify what data to use to satisfy is calculated using the current liability (4) A plan that became insolvent for eligibility requirements for critical measurement from line 2b(4) column purposes of section 418E of the Internal status plans under section 4262(b)(1)(C), (2). This entry requires current liability Revenue Code (the Code) after § 4262.3(a)(3) and (c)(2) specify the data to be calculated using the assumptions, December 16, 2014 (the date MPRA that is used for this purpose, including including interest rate, in the became law), has remained insolvent, specifying line items entered on the instructions for line 1d(2)(a) of the and has not terminated under section Form 5500 Schedule MB to determine Schedule MB. Those instructions 4041A of ERISA as of March 11, 2021. the ‘‘modified funded percentage,’’ and provide how to calculate current PBGC notes that a plan that line items entered on the Form 5500 to liability under section 431(c)(6)(D) of terminated by mass withdrawal in a determine the ratio of active to inactive the Code and provide specifically that plan year that ended before January 1, participants. the interest rate used to compute current 2020, is not eligible for SFA under Under the regulation, the conditions liability must be in accordance with section 4262(b)(1)(A) of ERISA and for eligibility do not need to be satisfied guidelines issued by the Treasury § 4262.3(a)(1) (plans that are in critical for the same plan year. PBGC adds this Department and the Internal Revenue and declining status (within the flexibility in recognition that the filing Service (IRS) and within the interest meaning of section 305(b)(6) of ERISA) dates for the certification of plan status rate rules referred to under section in any plan year beginning in 2020, and the Form 5500 are not the same. 431(c)(6)(D), which are outlined under 2021, or 2022). This is because the Generally, the due date for filing the section 431(c)(6)(E). PBGC notes that the additional funding rules for plans in certification of plan status is well over current liability is a measure derived endangered, critical, and critical and a year before the due date for filing the using an interest rate chosen by the declining status under section 432 of the Form 5500 for the same plan year. In actuary within a ‘‘permissible range’’ Code do not apply to such a plan in a addition, data used for the certification under section 431(c)(6)(E). Since the plan year that begins in 2020, 2021, or of plan status for a plan year may be selection of the interest rate by the 2022.6 Accordingly, a plan that from a different year than the data used actuary is part of the determination of for the Form 5500 for the same plan current liability, for purposes of 6 Section 412(a)(1) of the Internal Revenue Code year, and section 4262 of ERISA is measuring the modified funded (the Code) requires a pension plan to satisfy the unclear as to the date within a plan year minimum funding standard applicable to the plan as of which data used to satisfy the 7 All line references in this section are to the 2020 for each plan year. In the case of a multiemployer conditions is determined. Form 5500 and schedules. defined benefit plan, section 412(a)(2)(C) provides 8 The 2020 Form 5500 instructions provide that, that participating employers must make Section 4262(b)(2) of ERISA defines with certain exceptions, assets reported on line 2a contributions under the plan for a plan year that, ‘‘modified funded percentage’’ to mean of Schedule MB should be the same as reported on in the aggregate, are sufficient to ensure that the the percentage equal to a fraction the line 1l, (column a) of the Schedule H. plan does not have an accumulated funding numerator of which is the current value 9 PBGC notes that Financial Accounting deficiency under section 431 as of the end of the Standards Board (FASB) Accounting Standards plan year. Section 412(e)(4) provides that the of plan assets (as defined in section Codification (ASC) 960, Plan Accounting—Defined minimum funding rules under section 412 apply Benefit Pension Plans 960–310–25–3A states: ‘‘A until the last day of the plan year in which a plan not apply to a multiemployer plan for periods after multiemployer plan may also have a receivable for terminates within the meaning of section the plan year of termination within the meaning of a withdrawing employer’s share of the plan’s 4041A(a)(2) of ERISA (that is, termination by mass section 4041A(a)(2) of ERISA. This is consistent unfunded liability. The plan should record the withdrawal or a cessation of the obligation of all with section 301(c) of ERISA (over which the IRS receivable, net of any allowance for an amount employers to contribute under the plan). has interpretive jurisdiction pursuant to section 101 deemed uncollectible, when entitlement has been Accordingly, the rules of section 431 of the Code of Reorganization Plan No. 4 of 1978 (43 FR determined.’’ do not apply to such a plan for periods after the 47713)), which provides that part 3 of title I of 10 The withdrawal liability payments due to be plan year of termination. ERISA, including the minimum funding rules received by the plan are not included in the The Internal Revenue Service (IRS) has informed parallel to sections 412, 431, and 432 of the Code, actuarial value of assets or the market value of PBGC that section 432 of the Code, which provides applies until the last day of the plan year in which assets for purposes of sections 431 and 432 of the additional funding rules for multiemployer plans in the plan terminates within the meaning of section Code and the corresponding sections 304 and 305 endangered status or critical status, likewise does 4041A(a)(2) of ERISA. of ERISA.
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percentage PBGC has chosen to accept The information required to be by clear implication the consideration of the interest rate selected by the actuary included as part of an application, all plan obligations and resources in and not to require the use of an alternate including to support changes to determining the amount of SFA that is interest rate. assumptions, is described in §§ 4262.6 needed or is ‘‘necessary.’’ As explained earlier in this section of through 4262.8 of the regulation. Some interested parties commented to the preamble, section 4262(b)(1)(C) of PBGC’s review of the assumptions used PBGC on section 4262(j)(1) of ERISA ERISA requires as one of the conditions by a plan are described in § 4262.5 of that, in determining the amount of SFA, of eligibility, for critical status plans to the regulation. PBGC should exclude from consideration all or a portion of one or have a ratio of active to inactive Amount of Special Financial Assistance participants that is less than 2 to 3. The more plan obligations or resources, such statute does not specify what participant Under section 4262(a)(1) of ERISA, as existing assets, expected benefit count to use. To fill in this gap, the PBGC is to provide SFA to an eligible payments, earnings on assets, regulation refers to end-of-year multiemployer plan upon application. contributions, withdrawal liability, and participant counts on the Form 5500. Under section 4262(j)(1), the amount of administrative expenses. The items to On the 2020 Form 5500, these are the SFA to be provided is the ‘‘amount be disregarded, and the theories on number of participants identified on required for the plan to pay all benefits which they are to be ignored, differ from line 6a(2) (for total number of active due during the period beginning on the one commenter to another. participants) and the sum of lines 6b, date of payment of the special financial The common thread among these assistance payment . . . and ending on 6c, and 6e (for inactive participants: comments is that they advance a the last day of the plan year ending in Retired or separated participants particular policy goal or desired 2051 . . . .’’ This is referred to in receiving benefits, other retired or outcome and an approach designed to section 4262(i)(1) as ‘‘the amount fit that desired policy goal or outcome. separated participants entitled to future necessary as demonstrated by the plan Such desired goals include providing benefits, and deceased participants sponsor.’’ PBGC believes that the plain generous assistance, long-term whose beneficiaries are receiving or are meaning of the statutory language is that sustainability, avoiding a recurrence of entitled to receive benefits). Requiring SFA is the amount by which a plan’s the current crisis, protection of retirees, the use of these counts provides for resources fall short of its obligations, and simplicity. The approaches uniformity among applications in the taking all plan resources and obligations advanced to achieve such goals vary use of participant counts to determine into account. among commenters, but include the ratio. The heart of the matter is found in the disregarding resources such as current Assumptions for Determining Eligibility requirement that SFA be ‘‘the amount assets, or the portion thereof needed to necessary’’ or ‘‘required for the plan to fund post-2051 payments; future A plan’s eligibility for SFA is pay all benefits due.’’ To the extent that contributions; and other sources of determined by PBGC in accordance with a plan has other means available to pay revenue. In considering these § 4262.3(d) of the regulation, which benefits, it does not require or need SFA comments, PBGC has concluded that the incorporates the actuarial assumptions for that purpose.11 Thus, all of a plan’s approaches recommended in these for determining eligibility found in resources must be considered in comments could be supported only by sections 4262(e)(1) and (e)(4) of ERISA. determining the amount of SFA for the a strained reading of the clear language When a plan sponsor applies for SFA plan. Moreover, since the determination of section 4262(j)(1), which defines the claiming the plan’s eligibility based on must be made by looking through the SFA amount as the ‘‘amount required a certification of either critical status or end of the last plan year ending in 2051, for the plan to pay all benefits due critical and declining status completed the resources to be considered must during the period beginning on the date before January 1, 2021, PBGC is required include plan assets and income of payment of the special financial to accept the assumptions incorporated (contributions, investment returns, etc.). assistance payment under this section into that certification unless the If Congress had contemplated the and ending on the last day of the plan assumptions are clearly erroneous. exclusion of these resources in the year ending in 2051 . . . .’’ When a plan sponsor applies for SFA calculation of the amount of SFA The inability to project resources and and claims the plan is eligible based on ‘‘required for the plan,’’ it would have obligations with absolute precision for a certification of plan status for a plan done so explicitly. 30 years prompted another objection to year that was not completed before Additionally, all of a plan’s benefits the plain meaning of the language in January 1, 2021, the sponsor must must be considered, as the statute says question from some interested parties. determine whether the plan is in critical clearly ‘‘all benefits.’’ And, because plan The benefits projected to be paid into status or critical and declining status expenses must be paid to keep the plan the future will rarely turn out to be the using the assumptions that were used in in operation and capable of paying same as the benefits that actually will be the plan’s most recently completed benefits, all expenses must likewise be paid (which can only be determined in certification before January 1, 2021, taken into account. In short, the hindsight). These interested parties unless those assumptions (excluding the statutory language, by requiring the argued that the amount of SFA is plan’s interest rate) are unreasonable. A payment of all benefits due, mandates insufficient unless it enables a plan to plan sponsor that determines that one or pay ‘‘all benefits’’ actually due through more of the assumptions used in the 11 Furthermore, it would not be a reasonable the last plan year in 2051, for example plan’s most recently completed result if the amount of SFA were to be calculated by assuming zero mortality for that certification before January 1, 2021, is under a formula that disregards the plan’s available period. However, this approach would resources, which could lead to a windfall for a plan unreasonable may propose changes to that needs only a small amount of SFA to pay be a radical departure from accepted the assumptions in the plan’s benefits. PBGC estimates that under such an actuarial practice and would be at odds application (except to the interest rate) approach, the total amount of SFA distributed with the pattern of actuarial by disclosing the changes, describing under the program would increase by 2 to 4 times determinations that underlies section the estimated $94 billion amount projected under why such assumptions are no longer PBGC’s ME–PIMS model. See section (4), Estimated 4262 of ERISA. PBGC thus considers reasonable, and demonstrating that the Impact of Regulatory Action, of the Regulatory this suggestion to be contradictory to the changed assumptions are reasonable. Impact Analysis section. statute.
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Calculating the Amount of SFA The deterministic projections must be the long-term rate that was used for Section 4262.4(a) provides that the based on recent participant census data. funding standard account purposes in amount of SFA for a plan is the amount Participant census data must be as of the the plan actuary’s projections that are (if any), subject to adjustment for the first day of the plan year in which the part of the certification of plan status. The interest rate limit specified in date of payment as described in plan’s initial application is filed, or, if section 4262(e)(3) of ERISA is the rate § 4262.12, by which the value of all plan the date on which the plan’s initial that is 200 basis points higher than the obligations exceeds the value of all plan application is filed is less than 270 days rate specified in section 303(h)(2)(C)(iii) resources, determined as of the plan’s after the beginning of the current plan (disregarding modifications made under SFA measurement date and limited to year and the actuarial valuation for the current plan year is not complete, the clause (iv) of such section) ‘‘for the the SFA coverage period (the period projections may instead be based on the month in which the plan’s application ending on the last day of the last plan participant census data as of the first for SFA is filed or the 3 preceding year ending in 2051). The SFA day of the plan year preceding the year months.’’ This provision places a ‘‘cap’’ measurement date is the last day of the in which the plan’s initial application is on the interest rate, and that the cap is calendar quarter immediately preceding filed. If a plan experiences a significant any permissible rate for a month during the date the plan’s application was filed. event between the date of the plan’s the 4-month period ending with the The value of plan obligations under most recent participant census date and month in which the plan’s application § 4262.4(b) is the sum of the present the date the application is filed, PBGC’s was filed. value of specified benefit payments and assumptions guidance (issued on Section 4262(f) of ERISA suggests that administrative expenses. The value of PBGC’s website at www.pbgc.gov/ a plan may have multiple filing dates by benefit payments is calculated as the guidance) provides guidelines on how providing two applications deadlines: present value of benefit payments to reflect that significant event. Plans One for initial applications and one for expected to be paid during the SFA may, but are not required to, use the revised applications. There is no limit to coverage period including any guidelines if they are reasonable for the the number of times that a plan sponsor reinstatement of benefits attributable to plan. may file revised applications as long as the elimination of reductions in a The SFA measurement date, which is the last revised application is filed by participant’s or beneficiary’s benefit due the beginning date for the deterministic the statutory deadline of December 31, to a suspension of benefits under projections, is a date certain in the past 2026. Once PBGC has accepted an sections 305(e)(9) or 4245(a) of ERISA as instead of a payment date in the future application for processing, PBGC required under § 4262.15 or restoration because the SFA payment date believes that it is in the best interest of of benefits under 26 CFR 1.432(e)(9)– (described under § 4262.12) is unknown all parties to avoid the duplicative work 1(e)(3). The reinstatement of benefits at the time the plan sponsor files the and delays that would result if a revised must be calculated assuming such application. This approach of using a application were to use a different reinstatements are paid beginning as of date certain in the past instead of a date interest rate. To prevent multiple filings the SFA measurement date instead of in the future simplifies the calculation for purposes of changing the interest the date SFA is paid. The value of but does not change the SFA amount rate, PBGC establishes a rule in administrative expenses is calculated as that would otherwise be calculated as of § 4262.11(c) that the assumed interest the present value of administrative the payment date because: (i) Both the rate will always be the rate used in the expenses expected to be paid during the SFA-eligible plan resources and SFA- plan’s initial application. SFA coverage period (excluding the eligible plan obligations will be reduced Accordingly, under § 4262.4(e)(1), the amount owed to PBGC under section equally by the benefit payments and assumed interest rate is the interest rate 4261). expenses between those two dates, (ii) that is the lesser of the rate used by the The value of plan resources under the contributions between those two plan for funding standard account § 4262.4(c) is the total of the fair market dates would typically need to be projections in the plan’s most recently value of assets on the SFA measurement estimated either way, and (iii) the SFA completed certification of plan status date and the present value of future amount is adjusted for interest between before January 1, 2021, or the rate that contributions, withdrawal liability those two dates at the interest rate used is 200 basis points higher than the rate payments, and other payments expected to calculate the present values as of the specified in section 303(h)(2)(C)(iii) of to be made to the plan (excluding the SFA measurement date. ERISA (disregarding modifications amount of financial assistance under Section 4262.4(e)(1) of the regulation made under clause (iv) of such section) section 4261 of ERISA and the amount specifies the interest rate assumption a for any month selected by the plan in of SFA to be received by the plan) plan must use to calculate the amount the 4-month period ending with the during the SFA coverage period. of SFA in the plan’s application. Section month in which the plan’s application The amount of financial assistance 4262(e)(2)(A) of ERISA requires a plan was filed (or the month in which the owed to PBGC under section 4261 of to use an interest rate that is based on initial application was filed if there was ERISA, if any, is excluded in the the rate used in the plan’s most recently more than one filing date). If an calculation of SFA in the plan’s completed certification of plan status application is revised as provided under application. Instead, it is added to the before January 1, 2021, subject to an § 4262.11 of the regulation, the interest amount of SFA to be paid to the plan interest rate limit, but does not consider rate used for the revised application under § 4262.12 as of the date PBGC that there are potentially two rates used must be the same as the interest rate sends payment of SFA, offset by the in a certification of plan status: A short- used for the initial application. value of financial assistance payments term rate (used for projecting plan Some interested parties commented under section 4261 received by the plan assets) and a long-term rate (used to that the interest rate required under following the SFA measurement date, determine plan liabilities and for section 4262(e) of ERISA should only accumulated with interest. interest adjustments in the funding apply to the earnings on current plan The projections in § 4262.4(b)(1) and standard account). As the determination assets and that PBGC should allow a (2) and (c)(2) must be performed on a of the SFA amount involves long-term separate rate to be used to determine the deterministic basis using a single set of projections, the regulation specifies that amount of SFA required to pay for assumptions as provided in § 4262.4(d). the SFA amount is calculated based on benefits not provided by current plan
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assets. Of those commenters, some amount of SFA determined as if the plans receiving SFA designed to ensure contend that because the 2020 events described in § 4262.4(f) had not that plans receive no more than the certifications of plan status did not occurred. These events include mergers, amount of SFA to which they are include an interest rate assumption for transfers of assets or liabilities entitled. PBGC concludes that, to SFA, the interest rate should reflect (including spinoffs), certain increases in achieve that end, it is reasonable not to expected returns for investment grade accrued or projected benefits, and give effect to changes made to a plan’s bonds. To determine eligibility, for certain reductions in contribution rates. structure or terms on or after July 9, certifications of plan status completed The limitation applies to events that 2021, if such changes either artificially after December 31, 2020, section occur between July 9, 2021, and the SFA inflate the amount of SFA to which a 4262(e)(1) requires a plan to use its most measurement date. To accommodate the plan is entitled or convert an ineligible recently completed certification of plan possibility of multiple events, the plan into an eligible plan. status before January 1, 2021, unless limitation does not apply on an event- Section 4262(m)(1) of ERISA such assumptions, excluding the plan’s by-event basis but is based on expressly authorizes PBGC, in interest rate, are unreasonable comparing the amount of SFA a plan consultation with the Secretary of the (emphasis added). To determine the applies for with the amount of SFA a Treasury, to impose reasonable amount of SFA, section 4262(e)(2) plan (or all plans in the case of a conditions ‘‘on an eligible mandates that a plan must ‘‘use the merger) would have received had the multiemployer plan that receives interest rate used by the plan in its most events not occurred. special financial assistance’’ relating to recently completed certification of plan Section 4262(b)(1) of ERISA certain aspects of plan terms or status before January 1, 2021, provided establishes criteria for eligibility of a operations. Such conditions include that such interest rate may not exceed multiemployer plan for SFA, and those relating to the diversion of the interest rate limit.’’ These provisions section 4262(j) provides for determining contributions to, and allocation of do not require the interest rate used the amount of the SFA, but these expenses to, other benefit plans; under the certification of plan status to provisions do not address the situation increases in future accrual rates and any be reasonable for purposes of eligibility in which a multiemployer plan has retroactive benefit improvements; and or determining the amount of SFA. engaged in a transaction that affects the reductions in employer contribution Under section 4262(e)(4), if a plan amount of SFA to which a plan is rates. PBGC’s authority to impose determines that use of one or more prior entitled, including through the reasonable conditions under section assumptions is unreasonable, the plan manipulation of the eligibility criteria. 4262(m)(1) is not limited to restrictions may propose to change such Moreover, section 4262(e)(2)(B) on a plan following its receipt of SFA assumption. This provision specifically provides, as a general rule, that the given that these conditions apply to a states that the plan may not propose a actuarial assumptions to be used by a plan that ‘‘receives’’ SFA, rather than a change to the interest rate required for plan are the assumptions used in the plan that has received SFA. That eligibility or SFA amount. In addition, plan’s actuarial certification for the most understanding of section 4262(m)(1) PBGC does not have authority to recently completed certification of plan finds further support in section provide a different rate or bifurcate the status before January 1, 2021 (unless 4262(m)(2), which restricts the statutorily mandated interest rate. those assumptions are unreasonable), conditions that PBGC can impose not For assumptions other than the indicating that the plan applying for only ‘‘following receipt of’’ SFA, but interest rate, § 4262.4(e)(2) provides that SFA must have been in existence and also ‘‘as a condition of’’ SFA. That broad a plan must use the assumptions that had an actuarial certification as to its prohibition would be unnecessary if the plan used in its most recently status before January 1, 2021. The PBGC’s authority under section completed certification of plan status provisions regarding interest rate 4262(m)(1) was limited to only post- before January 1, 2021, unless such assumptions under section 4262(e)(2)(A) receipt conditions. assumptions are unreasonable. If a plan are specific to the plan in its most recent Accordingly, pursuant to section determines that use of one or more of certification of plan status completed 4262(m) of ERISA, in conjunction with the assumptions in its most recently before January 1, 2021, and, under the sections 4002(b)(3) and 4262(e), PBGC is completed certification of plan status terms of section 4262(e), those authorized to impose reasonable before January 1, 2021, is unreasonable, assumptions cannot be changed. A conditions that ensure that SFA is the plan may propose in its application manipulation of those rates via a merger provided to plans in an amount that is to change the assumptions as provided would not be consistent with that not inflated by way of contrived events. in § 4262.5 of the regulation. requirement. Although the statute does The information required to be not directly address plan mergers, each (a) Mergers included as part of an application, plan’s assumptions from the most The rule provides that if two or more including to support changes to recently completed pre-2021 plans are merged, then the SFA is assumptions, is described in §§ 4262.6 certification of plan status must be limited so that it does not exceed the through 4262.8 of the regulation. maintained in order for section 4262(e) sum of the SFA that would have been PBGC’s review of the assumptions used to have meaning with respect to the calculated for all of the plans involved by a plan is described in § 4262.5 of the plans that merged. This rule fills the gap in the merger had the plans applied regulation. left in the statute for the calculation of separately for SFA. Thus, a plan that Calculating the Amount of SFA With SFA for plans that have been involved would not have been entitled to any Respect to Certain Events in a merger. SFA if not for a merger that occurs on It is likewise appropriate for PBGC, as or after July 9, 2021, cannot become Section 4262.4(f) addresses the a prudent steward of taxpayer funds, entitled to SFA by merging with a plan possibility that a plan may implement and with responsibility for carrying out that also would not otherwise be certain changes that could entitle the the purposes of the title IV insurance entitled to any SFA. Further, a plan may plan to more SFA than was intended program,12 to impose conditions on not increase the amount of SFA to under section 4262 of ERISA. In these situations, the amount of SFA that 12 PBGC’s inherent authority under section regulations to carry out the purposes of the title IV would apply to a plan is limited to the 4002(b)(3) of ERISA allows PBGC to adopt insurance program.
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which it is entitled by merging with determining the amount of SFA, the rule assumptions if it determines that the use another plan or plans on or after July 9, provides that SFA is limited to the of one or more of its original 2021. amount that would have applied had assumptions (other than the interest As explained earlier in this section of the event not occurred. rate) is unreasonable. the preamble, this condition fills the gap There is an exception to this rule. One Actuarial assumptions under section in the rules for the calculation of SFA possible benefit increase could arise 4262 of ERISA are derived from a plan’s for plans that merge after the most from the restoration of benefit certification of plan status under section recent certification of plan status suspensions of retirees and beneficiaries 305 of ERISA. In general, PBGC believes completed before January 1, 2021. In in pay status that satisfies the that a plan’s actuarial assumptions addition, this requirement is consistent requirements of 26 CFR 1.432(e)(9)– adopted for the certification of plan with PBGC’s authority under section 1(e)(3). Under that Treasury Department status (and not for entitlement to SFA) 4262(m)(1) of ERISA to impose regulation, the restoration of benefits is represent a neutral view of reasonable conditions relating to the not subject to the benefit increase circumstances, unbiased by the prospect ‘‘diversion of contributions to, and restrictions under sections 432(e)(9)(E) of receiving a substantial sum of money allocation of expenses to, other benefit or 432(f)(1)(B) of the Code, and an based on those assumptions. plans.’’ When two or more plans merge, amendment restoring benefits that Accordingly, PBGC expects to give far a predecessor plan has diverted its satisfies the requirements of 26 CFR less intensive scrutiny to ‘‘original’’ contributions and allocated its expenses 1.432(e)(9)–1(e)(3) can be adopted at any assumptions than to changed to the merged plan. Specifically, a time. Because a major goal of the SFA assumptions. merged plan, which combines assets program is the prompt resumption of PBGC is to accept actuarial and liabilities of two or more plans, payment of suspended benefits, the assumptions incorporated in a plan’s each with its own set of participants and restoration of these benefits should be certification of plan status completed beneficiaries, and to all of whom all the encouraged and the exception in these before 2021 for purposes of eligibility assets (and, thus, all the contributions) regulations (under which benefit under § 4262.3(d)(1) unless PBGC must be available following the merger, increases pursuant to such an determines that such assumptions are is, in effect, diverting contributions amendment are taken into account in ‘‘clearly erroneous.’’ intended to benefit one set of determining the amount of SFA) For all other purposes, PBGC will participants to another. facilitates that goal. If an amendment accept the assumptions used unless that satisfies 26 CFR 1.432(e)(9)–1(e)(3) (b) Transfers PBGC determines that they are is adopted before the SFA measurement unreasonable. Each of the actuarial The rule provides that where assets or date, it is taken into account in assumptions and methods used for the liabilities are transferred, an applicant determining the amount of the SFA (as actuarial projections (excluding the plan’s SFA is limited based on the the benefits attributable to the interest rate), must be reasonable in amount of SFA the plan would be restoration would be if the amendment accordance with generally accepted entitled to if the transfer did not occur. were adopted later), and the adoption is actuarial principles and practices,13 Similar to mergers, this requirement is not an event that is subject to the taking into account the experience of premised on PBGC’s authority under limitation on SFA arising from potential the plan and reasonable expectations. section 4262(m)(1) of ERISA to impose abuses. To be reasonable, among other things, reasonable conditions relating to the Finally, if two or more plans are an actuarial assumption or method must ‘‘diversion of contributions to, and merged and any of the plans involved in be appropriate for the purpose of the allocation of expenses to, other benefit the merger also experienced a transfer of measurement, reflect the actuary’s plans.’’ assets or liabilities, a benefit increase, or professional judgment, take into account (c) Other Events a reduction in contributions that would current and historical data that is be subject to the limitation in § 4262.4(f) Similar considerations apply to relevant to selecting the assumption for during the period described in the measurement date, reflect the benefit increases and contribution § 4262.4(f)(1)(i), the amount of SFA for reductions. These events are also actuary’s estimate of future experience, the merged plan must be determined by and reflect the actuary’s observation of described in section 4262(m)(1) of applying the limitation in ERISA, which permits PBGC to impose the estimates inherent in market data (if § 4262.4(f)(1)(i) to the plan that any). In addition, an actuarial conditions on the receipt of SFA experienced the other applicable event. relating to ‘‘increases in future accrual assumption or method must be expected rates and retroactive benefit PBGC Review of Plan Assumptions to have no significant bias (i.e., it is not improvements’’ and on ‘‘reductions in PBGC’s review of an application for significantly optimistic or pessimistic). employer contribution rates.’’ These SFA will focus on the reasonableness of If a plan determines that one or more events are ordinarily thought of as the plan’s and the plan actuary’s original assumptions are unreasonable increasing burdens on plans, and demonstration regarding the amount of and must be changed, § 4262.5(c) changes of this type are not commonly SFA for the plan. Section 4262.5 sets provides that the plan’s application adopted with respect to plans in forth how PBGC will review plan must describe why the original financial distress. Because SFA is assumptions. assumption is no longer reasonable, designed to relieve financial distress, As described earlier, instead of disclose the changed assumption, and creating or increasing burdens could be prescribing actuarial assumptions to be demonstrate that the changed a net plus for a plan. In other words, used for determining SFA, or calling on 13 Actuarial Standards of Practice (ASOPs) are absent an effective condition in this PBGC to prescribe assumptions, section issued by the Actuarial Standards Board and are regulation, these events would create 4262 of ERISA generally looks to plan available at http://www.actuarialstandardsboard. artificial financial stress on the plan assumptions previously selected by the org/standards-of-practice. Certain ASOPs, with the expectation that the plan plan actuary for determining eligibility including ASOPs Nos. 4, 23, 27, 35, 41, and 56 may be relevant to the actuary’s work related to special would be compensated through the for and calculating the amount of SFA. financial assistance, including the assessment of the payment of additional SFA. To prevent A mechanism is provided for a plan to reasonableness of the actuary’s assumptions and this manipulation of the standards for propose changes to actuarial methods.
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assumption is reasonable. If there is a Information To Be Filed Application for Plans With a Partition change in assumptions, each of the Sections 4262.6 through 4262.8 of the Under section 4233 of ERISA, a plan actuarial assumptions and methods regulation describe the information that may apply to PBGC for a partition to (other than the interest rate) must be must be included in a plan’s SFA fund a portion of the plan’s benefits to reasonable and the combination of those application. Section 4262.6 summarizes avoid insolvency. Upon PBGC’s actuarial assumptions and methods the requirements for an application to approval of an application for partition, (excluding the interest rate) must also be be considered complete, including plan PBGC issues a partition order to reasonable. With large amounts of SFA information; actuarial and financial provide: (1) For a transfer from the at stake, PBGC will be called on to information (including the amount of original plan to the plan created by the perform a more searching analysis of SFA requested); a completed checklist partition order (the successor plan), the any changed assumptions. While PBGC (per the SFA instructions on PBGC’s minimum amount of benefit liabilities expects actuaries to be conscientious in website at www.pbgc.gov); the signature necessary for the original plan to remain setting assumptions, it is a process that of an authorized trustee who is a current solvent, and (2) financial assistance presents many opportunities for member of the board of trustees; a from PBGC under section 4261 to pay judgment calls that may be influenced signed penalties of perjury statement; a those benefits. The successor plan is but by the goal of maximizing SFA. copy of the executed plan amendment a creature of PBGC’s partition order, Concurrent with this interim final providing that, beginning with the SFA terminated and insolvent from its rule, PBGC has issued guidelines for measurement date, the plan must be inception. The original and successor changes to certain assumptions that administered in accordance with the plans are required by section 4233(d)(2) plans may use for purposes of restrictions and conditions specified in to have the same plan sponsor and determining eligibility for SFA and the section 4262 of ERISA and this administrator. amount of SFA. Plans may, but are not regulation; a copy of the proposed plan Section 4262(c)(3) of ERISA requires required to, use the guidelines if they amendment to reinstate benefits and pay PBGC to provide an alternative are reasonable for the plan. Guidelines make-up payments and certification by application for SFA that may be used for are available for contribution base units the plan sponsor that the plan a plan approved for a partition before (CBUs), administrative expenses, amendment will be adopted timely; and March 11, 2021. Section 4262.9 of mortality, contribution rates, and new information required by PBGC to clarify PBGC’s regulation describes this entrant profiles, and can be found in the or verify the information in a filed application. guidance issued on PBGC’s website at application. If any of the information The plan sponsor of a partitioned plan www.pbgc.gov/guidance. required under this part and in the SFA must apply for SFA using the alternative instructions is missing from the filed application, which contemplates Additionally, PBGC acknowledges application, the application will not be PBGC’s rescission of the partition order that plans may have a gap in the considered complete. as prescribed under § 4262.9(c) and assumption for projected CBUs and The SFA instructions, including other conditions particular to a administrative expenses used in the templates, supplement the regulation partitioned plan as described under prior certification of plan status such and provide guidance to plan sponsors § 4262.9(b). One of these conditions is that the assumption cannot be used ‘‘as and practitioners on how to prepare and that the plan sponsor must file a single is’’ for determining SFA. This is because file the required application application for SFA consisting of plans generally do not project these information. information about the original plan and assumptions more than 20 years in the Sections 4262.6 through 4262.8 and the successor plan. The combined future. In addition, before the enactment the instructions specify the minimum information must reflect that, on the of ARP, if a plan was projected to necessary plan, actuarial, and financial date SFA is transferred to the plan, become insolvent within 20 years, then information that PBGC requires to PBGC will rescind the order that created the plan is unlikely to have assumptions approve or deny an application for SFA the successor plan, and the plan sponsor for CBUs or plan-related administrative and to verify the amount of SFA within will remove plan provisions and expenses for years after the projected the short 120-day review window amendments that were required to be insolvency date. These are natural permitted under section 4262(g) of adopted under the order. practices for purposes of a certification ERISA. As described in the Paperwork Another condition is that the of plan status, but a significant Reduction Act section of this preamble, application must include a statement deficiency where those assumptions are the application instructions and that the plan was partitioned and a copy needed to determine the amount of SFA. checklist have been submitted to the of the provisions or amendments that A plan can fill this gap with any Office of Management and Budget the plan was required to adopt under reasonable extension of its CBU (OMB) for review and approval under the partition order. A partitioned plan’s assumption and administrative expense the Paperwork Reduction Act. OMB’s application must include all the assumption, but that will generally decision regarding this information required information described in mean a ‘‘change’’ in assumptions, collection request will be available at §§ 4262.6 through 4262.8 for triggering a more intensive (and time- http://www.Reginfo.gov. applications generally. However, if the consuming) review by PBGC. To assist Unless confidential under the Privacy plan sponsor of a partitioned plan has applicants and aid in the review of a Act, all information that is filed with filed any of the required information plan’s CBU assumption and PBGC for an application for SFA may be with PBGC already, the sponsor is not administrative expense assumption, made publicly available, at PBGC’s sole required to include that information PBGC has developed ‘‘standard’’ discretion, on PBGC’s website at again with its SFA application. Instead, extensions that plans can use to www.pbgc.gov or otherwise publicly the sponsor must only note on the complete the assumption set for a plan disclosed. Except to the extent required checklist described under § 4262.6(a) that otherwise can use its original by the Privacy Act, PBGC provides no that the information was already filed. assumptions. These assumptions are assurance of confidentiality in any Partitioned plans also have benefit described in the guidance mentioned information or documentation included suspensions that must be reinstated if earlier in this section of the preamble. in an application for SFA. the plan is approved for SFA. Under
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§ 4262.15, a plan receiving SFA must mandated 120 days, it might not be able (by its use of the disjunctive ‘‘or’’) reinstate benefits suspended under to process all applications timely if indicates that priority status may be section 305(e)(9) of ERISA and provide many applications must be processed extended to any one or more subgroups make-up payments to participants and within a brief period. Thus, PBGC is of priority-status plans and which does beneficiaries, to restore previously concerned about the rate at which not limit the number of priority suspended benefits, in accordance with applications are submitted for submission windows. Accordingly, guidance issued by the Treasury processing. Relying on the PBGC has designed this mechanism to Department and the IRS. This aforementioned authorities that allow prioritize the most impacted plans and requirement applies to both the original PBGC to administer the SFA application participants first. For example, the plan and the successor plan created by process, PBGC has developed a highest priority is given to applications a partition where benefits under the ‘‘metering’’ system to manage the filing of plans that are projected to become original plan were suspended. Having and processing of applications. The goal insolvent under section 4245 of ERISA the original and successor plans apply of this system is to process the large by March 11, 2022, so that they will not as one will ensure coordinated benefit number of expected applications within have to reduce participant benefits, and reinstatements for all participants in the the 120 days mandated by the statute, plans that are already insolvent, to partitioned plan. while avoiding both ‘‘floods’’ of enable them to reinstate benefits and The filing of an application for a applications that could cause provide make-up payments to partitioned plan falls under priority applications to be deemed approved (as participants and beneficiaries, to restore group 2 for purposes of § 4262.10(d) described in § 4262.11) without previously suspended benefits. The (explained in Processing applications), sufficient PBGC review, and ‘‘droughts’’ objective is to accept and process as consistent with other plans that are when processing capacity is sitting idle. many applications in the highest eligible for SFA because they have The risks of an insufficiently reviewed priority group as possible before implemented a suspension of benefits application are varied, including, but opening the submission process to the under section 305(e)(9) of ERISA as of not limited to, SFA payments that are next priority group. Ultimately—no later March 11, 2021. The plan sponsor of a insufficient to meet program than March 11, 2023—the submission partitioned plan, therefore, may file an requirements, and SFA payments that process will be opened to all eligible application for SFA beginning on are higher than necessary to meet plans, to ensure that every prospective January 1, 2022, or earlier date specified program requirements. These risks are submitter has a fair opportunity to file on PBGC’s website. exacerbated by the lump sum form of its application during the statutory Partitioned plans have also been payment required by ARP. To manage receiving financial assistance from period. As described earlier in this these risks and ensure the success, section of the preamble, PBGC will PBGC with repayment obligations under integrity, and proper stewardship of the section 4261 of ERISA. How financial continue to meter the flow of program, it is important that PBGC applications to avoid exceeding its assistance under section 4261 is repaid thoroughly review each application. is prescribed under § 4262.12(b) of the capacity to process them within 120 The electronic filing system described regulation. days. in § 4262.10 of the regulation is based PBGC will accept applications for Processing Applications on three mechanisms. The first mechanism permits PBGC to accept filing for priority group 1 beginning on PBGC expects the SFA program to July 9, 2021. The second highest priority attract many applicants, and the statute applications in a manner that in PBGC’s estimation allows for sufficient review is given to applications of plans that makes clear that PBGC is expected to have implemented a suspension of process applications quickly. PBGC is and processing within 120 days of filing. The inherent authority provided benefits under section 305(e)(9) of required to hold application processing ERISA as of March 11, 2021, to enable times to within 120 days and is given by section 4002(b)(3) of ERISA to issue regulations related to the conduct of its them to reinstate benefits and provide authority to manage that process. make-up payments to participants and Under section 4262(c) of ERISA, business, and the directive under section 4262(c) to set forth requirements beneficiaries to restore previously PBGC must issue regulations or suspended benefits, and plans expected guidance setting forth requirements for for applications, clearly authorize PBGC to limit the number of applications it to be insolvent within 1 year of the date SFA applications. Applications are an application for SFA is filed. PBGC considered timely filed under section will accept at any one time, and to close the filing window to avoid choking the will accept applications for filing for 4262(g) only if they are filed in priority group 2 beginning no later than accordance with PBGC’s regulations. processing system, provided that every January 1, 2022. The filing dates for PBGC’s inherent authority under section prospective submitter has a fair applications from the remaining four 4002(b)(3) of ERISA allows PBGC to opportunity to file its application by priority groups (groups 3–6) are adopt regulations relating to the conduct December 31, 2025 (or December 31, provided for in § 4262.10(d)(2)(iii) of its business and to carry out the 2026, for a revised application). through (vi), with filings for priority purposes of the title IV insurance The second mechanism is a priority groups 5 and 6 beginning no later than program. Under section 4262(d) of system permitted by section 4262(d) of February 11, 2023. In addition, PBGC ERISA, PBGC also may limit the filing ERISA. PBGC is establishing ‘‘priority’’ will specify on its website, at least 21 of SFA applications to filings for plans periods during which an application days in advance, the date the last 2 that are in one or more of four ‘‘priority’’ will be accepted only for a plan that is priority groups (groups 5 and 6) may categories during a period limited to in the category (or one of the categories) within the first 2 years after March 11, to which the period is limited. This file. 2021. mechanism is consistent with section This table shows when applications While PBGC is confident in its ability 4262(d), although not a direct for each priority group may begin to be to process an application within the implementation of that provision, which filed.
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Priority group Description of priority group Date plans may apply for SFA
1 ...... Plans already insolvent or projected to become insolvent be- Beginning on July 9, 2021. fore March 11, 2022. 2 ...... Plans that implemented a benefit suspension under section Beginning on January 1, 2022, or earlier date specified on 305(e)(9) of ERISA as of March 11, 2021. PBGC’s website. Plans expected to be insolvent within 1 year of the date an application for SFA is filed. 3 ...... Plans in critical and declining status that had 350,000 or more Beginning on April 1, 2022, or earlier date specified on participants. PBGC’s website. 4 ...... Plans projected to become insolvent before March 11, 2023 ... Beginning on July 1, 2022, or earlier date specified on PBGC’s website. 5 ...... Plans projected to become insolvent before March 11, 2026 ... Date to be specified on PBGC’s website at least 21 days in advance of such date, but no later than February 11, 2023. 6 ...... Plans for which PBGC computes the present value of financial Date to be specified on PBGC’s website at least 21 days in assistance under section 4261 of ERISA to be in excess of advance of such date, but no later than February 11, 2023. $1 billion (in the absence of SFA). 7 ...... Additional plans that may be added by PBGC based on other Date to be specified on PBGC’s website no later than March circumstances similar to those described for priority groups 11, 2023. 1–6.
As priority groups open, PBGC will priority requirements and can be March 11, 2021. Beginning with PBGC’s continue to accept applications from accommodated in accordance with the acceptance of ‘‘priority group 2’’ filings, plans in earlier priority groups. While processing system. Otherwise, PBGC PBGC will accept emergency filings the priority mechanism may entail a will not consider the application filed from these plans during periods when relatively short deferral of an and will notify the applicant that the PBGC would not otherwise accept such application for a given plan until its application must be filed in accordance applications. A filer submitting an respective priority group opens, the with the processing system and application under the emergency filing amount of SFA ultimately awarded will instructions on PBGC’s website. process must substantiate the claim of reflect the amount required to pay all PBGC will accept as many emergency status and notify PBGC, in benefits due pursuant to the statute.14 applications as the agency estimates it accordance with the SFA instructions Applications of plans in a priority can process in 120 days. Once the on PBGC’s website at www.pbgc.gov, category must also be submitted to the number of applications reaches that before submission of the impending Secretary of the Treasury under section level, the filing window will application. 432(k)(1)(D) of the Code. If that temporarily close until PBGC has PBGC Action on Applications requirement applies to an application, capacity to process more applications. PBGC will transmit the application to PBGC will maintain a dedicated web Section 4262(g) of ERISA provides the Treasury Department on behalf of page for applications on its website at that PBGC can either approve or deny the plan, and the Treasury Department www.pbgc.gov to inform prospective an application for SFA and establishes has provided in guidance (Notice 2021– applicants about the current status of a short time period during which PBGC 38) that it will treat the requirement the filing window, as well as to provide must act or an application is deemed under section 432(k)(1)(D) as satisfied. advance notice of when PBGC expects approved. As described under § 4262.11 The third mechanism is a notification to open or temporarily close the filing of the regulation, PBGC must act on an system on PBGC’s website to keep window. PBGC will contact interested application within 120 days after the prospective applicants apprised of when prospective applicants via email when date an initial or revised application is a filing window opens or closes and (if such new information is available. properly and timely filed. If PBGC applicable) to what priority groups PBGC will also post information about approves an application, it will notify filing is limited. This mechanism will the status of filed applications. the plan sponsor of the payment of SFA enable applicants to know when the A plan sponsor may contact PBGC in accordance with § 4262.12. system is accepting their priority informally to discuss a potential If PBGC denies an application, it will group’s filing. application for SFA. notify the plan sponsor in writing of the In sum, the system works like this: reasons for the denial. An application • Applications will be accepted Emergency Filings may be denied because it is incomplete initially only from plans in the highest PBGC recognizes that in rare (it does not accurately include the priority group. PBGC will begin circumstances a plan may experience an information required to be filed); accepting applications from the other event that brings it closer to insolvency because an assumption is unreasonable, priority groups as of the dates described than previously projected. Consistent a proposed change in assumption is earlier in this section of the preamble with section 4262(d)(1)(D) of ERISA, individually unreasonable, or the (and set forth in § 4262.10(d)(2) of the which allows PBGC to add priority proposed changed assumptions are regulation) and posted on PBGC’s categories as it determines appropriate unreasonable in the aggregate; or website at www.pbgc.gov. • based on other similar circumstances, because the plan is not an eligible Applications are processed based PBGC is including an emergency filing multiemployer plan. For example, on capacity. An application will be process to accept priority applications pending approval of an application if considered filed on the date it is from a plan that is insolvent or expected PBGC determines that documentation electronically submitted to PBGC if the to be insolvent under section 4245(a) of supporting a certification of critical and application meets any applicable ERISA within 1 year of filing an declining status is missing or the plan application, or a plan that has sponsor has not responded to a PBGC 14 For instance, the value of plan assets may fluctuate during a deferral period and the amount implemented a suspension of benefits request for information to clarify an of SFA will adjust based on that experience. under section 305(e)(9) of ERISA as of item in that documentation, PBGC’s
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notice will identify the missing be significant. Instead, § 4262.12 before other plan assets are used for information or documentation required provides that PBGC will pay a plan the these purposes). In addition, SFA (and to complete the application. If PBGC amount demonstrated under the plan’s earnings) must be invested by plans in denies an application, the plan sponsor application, determined as of the SFA investment-grade bonds or other may choose to submit a revised measurement date, plus interest on that investments as permitted by PBGC in application or withdraw the denied amount, representing the time § 4262.14. These limitations on the use application. If the plan sponsor submits differential between the computation of SFA reflect the purpose of SFA. As a revised application, the revised and the date PBGC sends payment (not provided for under section 4262(j)(1) of application must not differ from the the bank settlement date) and using the ERISA and in § 4262.4, SFA is the denied application except to the extent interest rate equal to the rate required amount required for the plan to pay all necessary to address the reasons stated under § 4262.4(e)(1). benefits due during the SFA coverage in PBGC’s notification for the denial. In Section 4262.12(d) of the regulation period taking into account all plan other words, PBGC is not requiring a provides that PBGC will pay SFA to a resources and obligations. SFA should plan sponsor to refile the entire plan in a lump sum or substantially so 15 not be used in a manner that would application. PBGC only needs the as soon as practicable upon approval of divert SFA funds to other purposes—for information that cures the reasons the plan’s SFA application. PBGC instance, reducing sources of plan specified in the denial notice. expects payment to be made usually income, such as employer contributions The plan sponsor may withdraw an within 60 days, but no later than 90 or withdrawal liability, or increasing application (in writing and in days after the plan’s SFA application is plan obligations, such as to pay for accordance with the SFA instructions approved by PBGC or deemed approved additional future increases in benefits. on PBGC’s website, www.pbgc.gov) at (and in any event not later than any time before or after PBGC denies the September 30, 2030). Payment will be Permissible Investments application, but not after PBGC has made in accordance with payment Section 4262(l) of ERISA requires that approved the application. If an instructions provided by the plan in its SFA received, and any earnings thereon, application is withdrawn, the plan application. Payment will be considered may be used to make benefit payments sponsor may refile the application as a made when, in accordance with the and pay plan expenses, and such SFA revised application. plan’s payment instructions, PBGC no and earnings must be held separately For any revised application, PBGC longer has ownership of the amount from other plan assets. Section 4262(l) requires that the ‘‘base data’’ (the SFA being paid. Any adjustment for delay also requires that SFA funds be invested measurement date, participant census will be borne by PBGC only to the in investment-grade bonds or other data, and interest rate assumption) extent that it arises while PBGC has investments permitted by PBGC. remain the same as reported on the ownership of the funds. plan’s initial application to guard For a plan with an obligation to repay Given the statute’s requirement that against multiple filings for purposes of financial assistance under section 4261 SFA funds, and any earnings on changing this data. Once PBGC has of ERISA, the regulation describes the investment of those funds, be used accepted an initial application for process for that repayment. solely to pay benefits and plan processing, PBGC believes that it is in Unlike assistance under section 4261, expenses, PBGC understands that SFA the best interest of all parties to avoid section 4262(a)(2) of ERISA provides funds should be invested in relatively the duplicate work and delays that payment of SFA is not a loan safe vehicles that will help ensure that associated with changes to the base subject to repayment obligations. short-term needs to pay benefits and data. Accordingly, if the plan sponsor However, PBGC clarifies in plan expenses can be met. That section withdraws an application and submits a § 4262.12(d)(1) that SFA is subject to 4262(l) of ERISA refers to investment- revised application it must use the base recalculation or adjustment to correct a grade bonds first, supports this view. data from its initial application, but it clerical or arithmetic error. PBGC will, The allowance under section 4262(l) for may make other changes. and plans must, make payments as ‘‘other investments permitted by the PBGC’s decision on an application for needed to reflect any such changes in a corporation’’ could provide some SFA is a final agency action for timely manner. SFA is also subject to flexibility (as well as limited exposure purposes of judicial review under the debt collection if PBGC determines that to other assets), but PBGC in this Administrative Procedure Act (5 U.S.C. a payment for SFA to a plan exceeded interim final rule is reluctant to allow 704). the amount to which the plan was for investment vehicles with entitled. Section 4262.12(d)(2) provides fundamentally different characteristics Payment of Special Financial the rules for payment of a debt owed to without further input from the public. Assistance the Federal Government. Section 4262.14 of the regulation Section 4262(j) of ERISA provides that describes the permitted investments of SFA is the amount required for an Restrictions on Special Financial SFA, referred to as permissible Assistance eligible plan to pay all benefits due from investments. To give effect to the the date PBGC pays the SFA to the plan Section 4262(l) of ERISA places evident intention that SFA be invested until the last day of the plan year ending restrictions on the use of SFA. These in relatively safe investments, the in 2051. But as described earlier in this restrictions are described in § 4262.13 of regulation permits SFA and earnings on preamble, a plan sponsor does not know the regulation. SFA received, and any SFA to be invested only in fixed income when SFA will be paid at the time the earnings thereon, must be segregated securities that must be considered sponsor prepares an application. The from other plan assets and may only be investment grade except for a 5 percent SFA amount supported by an used to make benefit payments and pay sleeve that allows a plan to hold on to application and approved by PBGC will plan expenses (but SFA may be used investments that were considered be the amount appropriate to a date in investment grade at the time of purchase the past. The amount of SFA could be 15 For example, if a plan’s SFA payment exceeds but are no longer of that credit quality. the statutory limitation for a federal wire of $10 recomputed as of the date of payment, billion, the plan will receive multiple Fedwire Thus, SFA funds will be fairly protected yet the result would still be an estimate payments that will equal the approved lump sum and plans will have clear expectations and the burden of computation would amount. about what the income return will be.
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Permissible investments may be held that are held in separate accounts (i.e., • Which organizations are qualified in individual fixed-income securities or not through a permissible fund vehicle), to manage and advise on these vehicles? in commingled funds, such as Exchange must be supported by liquid assets that • Can the vehicles, as they might be Traded Funds (ETFs), mutual funds, are cash or cash equivalents used in multiemployer plan portfolios pooled trusts, or other commingled denominated in U.S. dollars. This will or in the pool of SFA assets, be clearly securities (which are defined in the ensure that the plan or the investment defined and easily used? regulation as permissible fund vehicles). manager will be able to cover the (2) Should permissible investments of To ensure the quality of the securities derivative exposure with little risk to SFA assets be limited to fixed income that may be invested with SFA, the SFA assets. securities? For instance, should the rule regulation provides that permissible In listening sessions with interested permit investment of a percentage of investments are considered investment parties, PBGC heard concerns about SFA assets in certain stock ETFs or grade if a fiduciary, within the meaning how overly restrictive requirements on mutual funds that have investment of section 3(21) of ERISA, who is or how SFA assets could be invested could profiles that are not materially riskier seeks the advice of an experienced have significant adverse impacts on than fixed income-based investment investor (such as an Investment Advisor overall plan financial health. For grade securities? registered under section 203 of the instance, with interest rates on fixed (3) What is the appropriate amount of Investment Advisor’s Act of 1940) income securities remaining at SFA assets that may be permitted to be makes such a determination. historically extremely low levels, both invested in non-investment grade For purposes of the regulation, SFA and other plan assets could be securities? investment grade means publicly traded depleted and be unable to pay plan (4) What is the proper relationship to securities for which the issuer has at benefits long before 2051. PBGC agrees restrictions on SFA asset investments to least adequate capacity to meet the with such concerns. Because PBGC other plan asset allocations? financial commitments under the thought it important for plans exploring Conditions for Special Financial security for the projected life of the asset whether to apply for SFA to know what Assistance or exposure. Adequate capacity means restrictions could be placed on To ensure that SFA is used for the that the risk of default by the obligor is investment of SFA funds, PBGC is purpose of paying benefits and the low and the full and timely repayment providing a starting point for discussion expenses related to those benefit of principal and interest on the security on permissible investments of SFA payments, section 4262(m)(1) of ERISA is expected. These definitions are assets in this interim final rule. With an gives PBGC authority, in consultation consistent with other Federal agency eye toward finding a more appropriate with the Secretary of the Treasury, to regulations that make reference to balance between certainty and safety of impose reasonable conditions on an investment grade securities in investments on the one hand, and the eligible multiemployer plan that compliance with Section 939A of the opportunity for plans to have flexibility 16 receives SFA. Conditions may relate to Dodd Frank Act of 2010. Further, the to decide appropriate overall investment increases in future accrual rates and any requirement that securities be policies on the other, PBGC seeks public retroactive benefit improvements, considered investment grade by an input for refining § 4262.14. In allocation of plan assets, reductions in experienced investor acknowledges that particular, PBGC requests responses, employer contribution rates, diversion plans receiving SFA, and their advisors, with corresponding data, on the of contributions to, and allocation of have the requisite investment following: expenses to, other benefit plans, and knowledge and experience to make (1) PBGC is interested in withdrawal liability. In determining sound investment decisions. understanding the potential benefits and what conditions to impose, in Plans may be able to access fixed- risks of investing SFA assets in other consultation with the Treasury income securities from overseas so long vehicles that are or have the nature of Department, PBGC considered, among as the securities are denominated in fixed income. These might include other things, the potential actions of U.S. dollars. In practice, this would synthetic replications of fixed income contributing employers and the security mean that such securities are accessible securities, insurance contracts, hybrid of the accrued benefits of plan mainly within publicly traded markets. securities, preferred stock or other participants. These considerations are To acknowledge that securities held vehicles. In this regard, the following discussed in greater detail in the in ETFs, mutual funds, other questions are of interest: commingled funds, or directly through • What are the advantages of regulatory impact analysis section of the a portfolio of individual securities, often investing in such vehicles, relative to a rule. Under certain circumstances, a plan are supplemented by derivatives that portfolio of investment grade fixed sponsor may request approval from replicate exposure to physical bonds or income, in terms of expected returns, PBGC for an exception to conditions that implement hedging strategies to reduced risk or other improved relating to reductions in employer protect against downside risk, the outcomes? contribution rates, transfers or mergers, regulation permits investment in • What are the disadvantages of and settlement of withdrawal liability. vehicles allowing for such strategies so investing in such vehicles relative to a These exceptions are explained later in long as any derivative or leveraging portfolio of investment grade fixed this section of the preamble. PBGC is strategy does not increase the interest income, including lower returns, higher soliciting public comment on whether rate risk or credit risk of the investments risk, inequitable outcomes amongst there are other circumstances relating to beyond the risk in a similar portfolio of participants or other issues? the conditions described under physical securities (i.e., non-derivative • What are the implementation and § 4262.16 where PBGC should consider securities) with the same market value. management costs of investing in such providing approval for exceptions. Further, any notional derivative vehicles? exposure 17 on permissible investments (a) Benefit Increases total value of a position, how much value a position Section 4262.16(b) imposes 16 See, e.g., 12 CFR 16.2. controls, or an agreed-upon amount in the contract. 17 Notional value is a term often used to value the Definition provided on ‘‘Investopedia’’ at https:// reasonable conditions on a plan that underlying asset in a derivatives trade. It can be the www.investopedia.com/terms/n/notionalvalue.asp. receives SFA with respect to the types
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of benefits and benefit increases year (or until the date the plan is during the SFA coverage period, the described in section 4022A(b)(1) of projected to become insolvent, if earlier) contributions required for each CBU ERISA, without regard to the time the of projected benefit payments and must not be less than, and the definition benefit or benefit increase has been in administrative expenses. of the CBUs must not be different from, effect. These conditions are intended to By imposing investment constraints those set forth in collective bargaining prevent excessive increases in benefits on SFA assets in section 4262(l) of agreements or plan documents in effect that would result in a transfer of SFA ERISA and providing PBGC the on March 11, 2021 (including agreed to beyond the payment of benefits at the authority to impose additional contribution rate increases through the level that participants were promised as constraints on asset allocation in section expiration date of the collective of the date of enactment of section 4262, 4262(m), the statute contemplates a bargaining agreements). without being overly restrictive. The desire to prevent excessive risk-taking The regulation provides an exception condition does not apply to the required by plans that receive SFA. PBGC views to this condition where the plan sponsor reinstatement of benefits suspended the gradual increase in the proportion of determines that the risk of loss to plan under sections 305(e)(9) or 4245(a) of assets allocated to fixed income as a participants and beneficiaries is ERISA or any restoration of benefits plan approaches insolvency as a lessened by the reduction. Where the under 26 CFR 1.432(e)(9)–1(e)(3). sensible and prudent approach to reduction affects annual contributions The condition in § 4262.16(b)(1) investing over a gradually shortening over $10 million and over 10 percent of restricts retrospective benefit increases time horizon. However, PBGC is all employer contributions, PBGC must by providing that a benefit or benefit interested in whether this condition is also determine that the change lessens increase must not be adopted during the seen as preventing plans from achieving the risk of loss to participants and SFA coverage period (defined in reasonable investment objectives. PBGC beneficiaries. Information required to be § 4262.2 of the regulation) if it is in encourages interested parties to submitted to PBGC for a request for whole or in part attributable to service respond, and provide supporting data, approval of a proposed changed is accrued or other events occurring before to the following questions: described in § 4262.16(d)(2). The the adoption date of the amendment. • Will the requirement to maintain 1 exception is intended, for example, to This condition is needed because year (or until the date the plan is allow a contributing employer to reduce retroactive increases in benefits harm projected to become insolvent, if earlier) contributions below collectively the funded position of the plan without of benefit payments and administrative bargained rates so that the employer improving expected future plan income. expenses in investment grade fixed may continue in business and not be The condition in § 4262.16(b)(2) income assets result in an allocation forced to withdraw in conjunction with restricts prospective benefit increases by that is significantly different from the a bankruptcy. This condition generally providing that a benefit or benefit allocation that the plan’s investment is intended to prevent reductions in increase must not be adopted during the policy (after receiving SFA) would contribution rates that may accelerate SFA coverage period unless the plan otherwise attain? plan insolvencies, while providing actuary certifies that employer • What are the advantages and limited flexibility for employers with contribution increases projected to be disadvantages of PBGC not imposing extenuating financial circumstances. sufficient to pay for the benefit increase any conditions under section 4262(m) of With respect to the allocation of have been adopted or agreed to, ERISA on asset allocation compared to contributions and other practices during provided that these increased the proposed condition requiring 1 year the SFA coverage period, § 4262.16(e) contributions were not included in the (or until the date the plan is projected prohibits a decrease in the proportion of determination of SFA. The plan sponsor to become insolvent, if earlier) of benefit income (contributions, investment must demonstrate that a benefit increase payments and administrative expenses returns, etc.) or an increase in the is paid for in the statement of in investment grade fixed income? proportion of expenses allocated to a compliance described under • Could an alternative condition, or plan that receives SFA. This prohibition § 4262.16(i). This condition is intended modification of the condition under applies to written or oral agreements or to guard against plans implementing § 4262.16(c), better achieve the objective practices (other than a written significant benefit increases that may of preventing excessive risk-taking by agreement in existence on March 11, accelerate plan insolvencies and hasten plans while allowing plans to meet their 2021, to the extent not subsequently an inability to pay plan-level benefits. investment objectives? amended or modified) under which However, plans still have the flexibility income or expenses are divided or to be (c) Contribution Decreases, Allocating to offer active participants more divided between a plan that receives Contributions and Other Practices attractive benefit accruals when the plan SFA and one or more other employee is able to afford them. Section 4262.16(d) of the regulation benefit plans. These conditions on benefit increases imposes reasonable conditions on a plan Among the practices covered by this are in addition to the limitations under that receives SFA relating to prohibition is any allocation or section 305(f)(1)(B) of ERISA (and contribution decreases to ensure that reallocation of contribution rates from corresponding section 432(f)(1)(B) of the SFA is used for the exclusive purpose the plan receiving SFA to a newly Code) applicable to plans in critical of paying benefits and reasonable formed pension plan. Similarly, plan status. administrative expenses and is not expenses can be paid by a plan only if effectively transferred to contributing they are properly allocable to that plan. (b) Allocation of Plan Assets employers through decreased Accordingly, another prohibited Section 4262.16(c) imposes a contribution obligations. Similarly, practice is a change in the allocation of condition on a plan that receives SFA § 4262.16(e) imposes reasonable expenses with other benefit plans that relating to the allocation of plan assets. conditions relating to allocation of serves to increase the proportion of This condition requires that, during the income or expenses with another expenses to be paid by the plan SFA coverage period, plan assets, employee benefit plan and other receiving SFA. including SFA, must be invested in practices. However, the prohibition under permissible investments as described in For the condition on contribution § 4262.16(e) does not apply to a good § 4262.14 sufficient to pay for at least 1 decreases, § 4262.16(d) provides that faith allocation of contributions
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pursuant to a reciprocity agreement. (If accrue benefits under another existing employer’s obligation to pay for the principal purpose of entering into, or newly formed plan. unfunded vested benefits. Doing so is amending, or modifying a reciprocity particularly important for plans that (e) Withdrawal Liability agreement after March 11, 2021, is to have developed an adverse demographic circumvent § 4262.16(e), any allocation Under sections 4201 through 4225 of structure, with a small contribution base made pursuant to such reciprocity ERISA, when a contributing employer relative to their unfunded vested agreement will not be considered as withdraws from an underfunded benefits, which is the condition of many made in good faith.) The prohibition multiemployer plan, the plan sponsor of the plans that are or will become also does not apply to a good faith assesses withdrawal liability against the eligible for SFA. allocation of contributions where the employer. Withdrawal liability The prescribed interest assumptions contributions to a plan that receives represents a withdrawing employer’s must be used until the later of 10 years SFA required for each base unit are not proportionate share of the plan’s after the end of the plan year in which reduced (except if the reduction is unfunded benefit obligations and is an the plan receives payment of SFA or the approved by PBGC). It also does not important source of income for the plan. last day of the plan year in which the apply to a good faith allocation of the To assess withdrawal liability, the plan plan no longer holds SFA or any costs of securing shared space, goods, or sponsor must determine the earnings thereon in a segregated services, where such allocation does not withdrawing employer’s (1) allocable account. The minimum 10-year period constitute a prohibited transaction share of the plan’s unfunded vested for using these required assumptions is under ERISA or is otherwise exempt benefits (the value of nonforfeitable similar to the time period for the special from the prohibited transaction benefits that exceeds the value of plan withdrawal liability rules for benefit provisions pursuant to section 408(b)(2), assets) as of the end of the plan year suspensions under MPRA. 408(c)(2), or 408(a) of ERISA, or of the before the employer’s withdrawal as PBGC determined that these are actual cost of services provided to the provided under section 4211, and (2) reasonable conditions because SFA does plan by an unrelated third party. As annual withdrawal liability payment as not result from employer contributions, with the other conditions under provided under section 4219. Under and, without such conditions, the § 4262.16, the condition under section 4219(c)(1), an employer’s receipt of SFA could substantially § 4262.16(e) is intended to ensure that withdrawal liability may be reduced if reduce withdrawal liability owed by a plans receiving SFA do not engage in the period required to amortize the withdrawing employer. That could liability exceeds 20 years. transactions that may accelerate plan cause more withdrawals in the near To preserve SFA for the payment of insolvency. future than if the plan did not receive benefits and expenses and avoid an SFA, which would reduce plan income (d) Transfers or Mergers indirect transfer of SFA to a and be an additional burden for these withdrawing employer by reducing the plans. Congress specified in section Section 4262.16(f) provides that employer’s withdrawal liability, in 4262 of ERISA that SFA and earnings during the SFA coverage period, a plan § 4262.16 PBGC uses its authority under thereon may be used by a plan to make must not engage in a transfer of assets section 4262(m) of ERISA to place benefit payments and pay plan or liabilities (including a spinoff) or reasonable conditions relating to expenses. Payment of SFA was not merger except with PBGC’s approval. withdrawal liability on a plan that intended to reduce withdrawal liability Notwithstanding anything to the receives SFA. PBGC determined that a or to make it easier for employers to contrary in PBGC’s regulation on reasonable condition on a plan that withdraw. mergers and transfers between receives SFA is to require specified In addition, under § 4262.16(h) any multiemployer plans (29 CFR part interest assumptions to be used for settlement of withdrawal liability 4231), the plans involved in the purposes of determining withdrawal during the SFA coverage period must be transaction must request approval from liability.18 made only with PBGC approval if the PBGC. A request for approval must Under § 4262.16(g), for withdrawals present value of the liability settled is contain information that would be that occur after the plan year in which greater than $50 million (calculated as required to be submitted under the plan receives SFA, the interest described under § 4262.16(h)(1)). § 4231.10 and the additional actuarial assumptions used in determining Approval ensures that any negotiated and financial information described in unfunded vested benefits for purposes settlements of material size are in the § 4262.16(f)(2). PBGC will approve a of determining withdrawal liability best interests of the participants in the proposed transfer or merger if: (1) The must be mass withdrawal interest plan, and do not create an unreasonable transaction complies with section assumptions under § 4281.13(a) of risk of loss to PBGC. The information 4231(a)–(d) of ERISA, (2) the transfer or PBGC’s regulation on Duties of Plan required to be submitted for a request merger, or the larger transaction of Sponsor Following Mass Withdrawal for approval of a proposed withdrawal which the transfer or merger is a part, (29 CFR part 4281). PBGC’s interest liability settlement is under does not unreasonably increase PBGC’s assumptions used for mass withdrawal § 4262.16(h)(3). risk of loss respecting any plan involved liability approximate the market price in the transaction, and (3) the transfer or insurance companies charge to assume (f) Reporting and Audit merger is not reasonably expected to be a pension-benefit-like liability. Using In order to monitor compliance with adverse to the overall interests of the mass withdrawal interest assumptions the conditions imposed on plans that participants and beneficiaries of any of for purposes of calculating withdrawal receive SFA, PBGC requires under the plans involved in the transaction. liability is reasonable because § 4262.16(i) that plan sponsors file with An example of a larger transaction is withdrawal liability is the final PBGC each plan year, beginning with where the trustees of a plan receiving settlement of the withdrawing the plan year after the payment of SFA SFA arrange a transfer of assets and and through the last day of the last plan liabilities from the plan and amend the 18 PBGC intends to propose a separate rule of year ending in 2051, a statement of general applicability under section 4213(a) of plan to substantially or completely end ERISA to prescribe actuarial assumptions which compliance with the terms and benefit accruals in connection with the may be used by a plan actuary in determining an conditions of SFA. The statement must plan’s active participants beginning to employer’s withdrawal liability. be filed with PBGC no later than 90 days
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after the end of the plan year and in reinstatement and make-up payments, section 4245 of ERISA will be subject to accordance with the statement of taking into account any restoration of the rules and guarantee for insolvent compliance instructions on PBGC’s benefits under 26 CFR 1.432(e)(9)– plans in effect when the plan becomes website at www.pbgc.gov. 1(e)(3), and know when to expect the insolvent. PBGC may conduct periodic audits of reinstatement and make-up payments. • A plan that receives SFA is not plans that have received SFA to review The notice also informs participants and eligible to apply for a suspension of compliance with the terms and beneficiaries how to contact the benefits under section 305(e)(9) of conditions of the SFA program. Department of Labor if they need ERISA. Reinstatement of Benefits Previously assistance in understanding their rights Section 4262.17 also provides that a Suspended under the reinstatement process. The plan that receives SFA and meets the Department has advised that if eligibility requirements for partition of Section 4262(k) of ERISA imposes two participants and beneficiaries better the plan under section 4233(b) of ERISA conditions on a plan that receives SFA understand the benefits they will be may apply for partition under section and previously suspended benefits in receiving as a result of the plan 4233. One of those requirements, in accordance with sections 305(e)(9) or receiving SFA, it will help the section 4233(b)(2), provides that a 4245(a) of ERISA. A plan must reinstate Department meet its obligations under multiemployer plan is eligible for any benefits that were suspended and section 4262(k) of ERISA to ensure that partition if ‘‘the corporation determines, must provide payments to certain suspended benefits are reinstated and after consultation with the Participant participants or beneficiaries to make up make-up payments made. and Plan Sponsor Advocate . . ., that past amounts of benefits previously Section 4262(k) of ERISA states that the plan sponsor has taken (or is taking suspended. ‘‘the Secretary, in coordination with the concurrently with an application for As provided under section 4262(k) of Secretary of the Treasury, shall ensure 19 partition) all reasonable measures to ERISA, § 4262.15 requires plans to that an eligible multiemployer plan that avoid insolvency, including the reinstate these previously suspended receives special financial assistance’’ maximum benefit suspensions under benefits as of the month in which SFA reinstates suspended benefits and section 305(e)(9), if applicable[.]’’ is paid, and to provide make-up provides make-up payments required by Section 4262(m)(6) provides that a plan payments with respect to the previously the statute. The Department of Labor that receives SFA is not eligible to apply suspended benefits, in accordance with notes that it will need access to, and if for a subsequent suspension of benefits guidance issued by the Treasury requested, copies of records to ensure under MPRA. Therefore, for a plan that Department and the IRS. This guidance that plans receiving SFA reinstate the has received SFA, a suspension of has been issued as Notice 2021–38. suspended benefits of participants and benefits under section 305(e)(9) is not Section 4262(k) and § 4262.15 give the beneficiaries as required by section ‘‘applicable’’ within the meaning of plan sponsor flexibility to design 4262(k). Plan fiduciaries have an section 4233(b)(2) and is not a payment of make-up amounts as a single obligation under title I of ERISA to reasonable measure available to the lump sum within 3 months of the maintain complete and accurate records, plan. payment date of SFA, or in equal including information the Department Finally, § 4262.17 includes a monthly installments over a period of 5 may need to ensure the timely severability provision that provides that years, commencing within 3 months of reinstatement of suspended benefits and if any of the provisions of this interim the payment date, with no installment payment of make-up payments under final rule are found to be invalid or payment adjusted for interest. section 4262(k) of ERISA. The stayed pending further agency action, The plan sponsor of a plan with Department has advised that a plan’s the remaining portions of the rule benefits that were suspended under failure to maintain adequate and would remain operative. section 305(e)(9) or 4245(a) of ERISA is complete records could result in required in § 4262.15(c) to furnish a violations of sections 107, 209, and 404 Compliance With Rulemaking notice of reinstatement to participants of ERISA. The Department is Guidelines and beneficiaries whose benefits were considering issuing guidance to address Administrative Procedure Act previously suspended and then the records and information that plans The Administrative Procedure Act at reinstated in accordance with section receiving SFA will need to maintain and 5 U.S.C. 553(b) provides that notice and 4262(k) of ERISA. The requirements for retain to comply with title I of ERISA. the notice, including content comment requirements do not apply requirements, are in notice of Other Provisions when an agency, for good cause, finds reinstatement instructions, in an Section 4262 of ERISA contains other that they are impracticable, addendum to the SFA application provisions that apply to SFA and plans unnecessary, or contrary to the public instructions, available on PBGC’s receiving SFA. These provisions are interest. An exception is also provided website at www.pbgc.gov. enumerated under § 4262.17 of the at 5 U.S.C. 553(d)(3) to the requirement PBGC is providing for this notice of regulation: of a 30-day delay before the effective reinstatement so that participants and • SFA must not be capped by the date of a rule ‘‘for good cause found and beneficiaries are adequately informed guarantee under section 4022A of published with the rule.’’ Section 9704 about the amount (and calculation) of ERISA. of the American Rescue Plan (ARP) Act • A plan receiving SFA is required to of 2021 set up a ‘‘Special Financial 19 Section 4262(k) of ERISA contains rules that continue to pay premiums due under Assistance Program for Financially are parallel to section 432(k) of the Code. Under section 4007 of ERISA for participants Troubled Multiemployer Plans.’’ PBGC section 9704(d)(3) of ARP, the Secretary of the Treasury has interpretive jurisdiction over the rules and beneficiaries in the plan. is issuing this rule without advance for determining the benefit reinstatement and make- • A plan that receives SFA is deemed notice and public comment as an up payments that must be made by a multiemployer to be in critical status within the interim final rule to allow for immediate plan receiving SFA, for purposes of ERISA as well meaning of section 305(b)(2) of ERISA implementation of this program. as the Code. Under section 4262(k), the Secretary until the last plan year ending in 2051. Under new section 4262(c) of ERISA, of Labor, in coordination with Secretary of the • Treasury, must ensure benefits are reinstated and A plan that receives SFA and PBGC is mandated to issue regulations previously suspended benefits paid. subsequently becomes insolvent under or guidance setting forth the
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requirements for eligible plans to apply PBGC has determined that prior notice interim final rule effective on July 12, for special financial assistance (SFA) and comment through the issuance of a 2021. PBGC does not want to unduly within a short 120 days of the date of notice of proposed rulemaking is delay providing financial assistance to enactment of ARP (March 11, 2021). impracticable and that the public plans. Moreover, PBGC must review interest is best served by issuing this Regulatory Impact Analysis applications within only 120 days of interim final rule. Further, prior notice filing and plans must apply by the and comment is impracticable within (1) Relevant Executive Orders for statutory cutoff date of December 31, the challenging statutory deadline under Regulatory Impact Analysis 2025 (December 31, 2026, for revised which PBGC must issue regulations to Under Executive Order (E.O.) 12866, applications). The compressed timeline set forth requirements for special OMB reviews any regulation determined for issuing rules, applying for financial assistance applications, and to be a ‘‘significant regulatory action.’’ assistance, and processing applications within the limited statutory timeframe Section 3(f) of E.O. 12866 defines a expresses a clear urgency to get (already begun) in which PBGC has to ‘‘significant regulatory action’’ as an appropriate assistance to eligible plans prioritize the filing of applications of action that is likely to result in a rule as quickly as possible. plans with the most urgent need for that: (1) Has an annual effect on the Underscoring that urgency, Congress assistance. However, PBGC is requesting economy of $100 million or more, or authorized PBGC to prioritize the filing comments at the time this interim final adversely affects in a material way a of applications for eligible plans with rule is issued and may include changes sector of the economy, productivity, the greatest need, but only during the in a final rule in response to those competition, jobs, the environment, first 2 years after March 11, 2021. comments. For the same reasons public health or safety, or State, local or Recognizing that need, PBGC in this discussed earlier, pursuant to 5 U.S.C. tribal governments or communities (also interim final rule is prioritizing 553(d)(3), PBGC is making this rule referred to as economically significant); applications of plans, including soon-to- effective on July 12, 2021. be insolvent plans and already insolvent (2) creates serious inconsistency or plans that previously suspended Congressional Review Act otherwise interferes with an action benefits of participants and Pursuant to Subtitle E of the Small taken or planned by another agency; (3) beneficiaries—benefits that must be Business Regulatory Enforcement materially alters the budgetary impacts reinstated and restored through make- Fairness Act of 1996 (also known as the of entitlement grants, user fees, or loan up payments as a requirement of Congressional Review Act or CRA) (5 programs, or the rights and obligations receiving SFA. Any delay of the U.S.C. 801 et seq.), the Office of of recipients thereof; or (4) raises novel effective date of the rule would be Management and Budget (OMB) has legal or policy issues arising out of legal contrary to the financial interests of the designated this interim final rule as a mandates, the President’s priorities, or participants and beneficiaries in these ‘‘major rule,’’ as defined by 5 U.S.C. the principles set forth in the E.O. plans. If financial assistance is delayed 804(2)(a), which is a rule likely to result OMB has determined that this interim and plans become insolvent, benefits for in an annual effect on the economy of final rule is economically significant participants and beneficiaries will be $100 million or more. Section 808(2) of under section 3(f)(1) and has therefore reduced. For plans already insolvent the CRA provides that, notwithstanding reviewed this rule under E.O. 12866. with participant benefits that were the effective date of a major rule defined E.O. 13563 supplements and reaffirms already reduced, any delay will result in under section 801, any rule which an the principles, structures, and participants and beneficiaries having to agency for good cause finds that notice definitions governing contemporary wait longer to have their benefits and public procedure thereon are regulatory review that were established reinstated and to receive their make-up impracticable, unnecessary, or contrary in E.O. 12866, emphasizing the payments. to the public interest, shall take effect at importance of quantifying both costs Furthermore, the interim final rule such time as the Federal agency and benefits, reducing costs, imposes reasonable conditions on promulgating the rule determines. This harmonizing rules, and promoting eligible plans that receive SFA, as good cause justification supports waiver flexibility. It directs agencies to assess permitted under section 4262(m)(1) of of the 60-day delayed effective date for the costs and benefits of available ERISA. PBGC finds good cause for major rules under the CRA. regulatory alternatives and, if regulation making the conditions provided in the As discussed earlier, because of the is necessary, to select regulatory rule effective simultaneously with the urgent need for the SFA program, PBGC approaches that maximize net benefits application requirements. Plan sponsors has determined that this interim final (including potential economic, need to know, before applying for SFA, rule must take effect on the date of environmental, and public health and what conditions will be imposed on the publication. This immediate effective safety effects, distributive impacts, and plan. The conditions may affect a plan date is necessary based on the mandate equity). sponsor’s decision to apply for SFA or of section 4262(c) of ERISA to issue PBGC has provided an assessment of its determination of the amount of SFA. regulations or guidance setting forth the the potential benefits, costs, and For example, the condition on requirements for SFA applications transfers associated with this interim withdrawal liability may affect the within 120 days of the date of final rule. assumptions used to determine the enactment of ARP. This short statutory (2) Introduction and Need for amount of SFA in the plan’s deadline is to allow eligible plans, Regulation application. The conditions in the particularly plans that are close to interim final rule are integral to the insolvency or already insolvent, to begin As discussed earlier in the preamble, application requirements and decisions applying for much needed financial section 9704 of the American Rescue being made by plan sponsors, and, assistance. Under the circumstances, Plan (ARP) Act of 2021, ‘‘Special therefore, should be effective without PBGC has determined that prior notice Financial Assistance Program for delay. and comment through the issuance of a Financially Troubled Multiemployer Accordingly, because of the urgent notice of proposed rulemaking is Plans,’’ establishes a new section 4262 need to get financial assistance to impracticable and that the public of ERISA. To implement section 4262, eligible plans as quickly as possible, interest is best served by making this this interim final rule adds to PBGC’s
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regulations a new part 4262 (Special or actions that could reduce future plan unless the plan actuary certifies that Financial Assistance by PBGC). It is income, such as reductions to employer contribution increases through this program that PBGC will contribution rates or employer projected to be sufficient to pay for the provide special financial assistance withdrawals. Each of these actions has benefit increase have been adopted or (SFA) to eligible multiemployer pension the potential to accelerate plan agreed to, and provided that such plans from a fund established by ARP 20 insolvencies, which would bring about increased contributions were not for SFA purposes and credited with participant benefit cuts and increased included in the determination of SFA. transfers from the general fund of the future claims to PBGC’s multiemployer Plans in critical status are already Treasury Department. insurance program that may impair subject to constraints on increasing Before the enactment of ARP on PBGC’s ability to pay financial future benefit accrual levels. Under March 11, 2021, the Congressional assistance under section 4261. section 305(f)(1) of ERISA, they must be able to fund any benefit improvements Budget Office (CBO) projected the SFA (3) Regulatory Action program under section 4262 of ERISA to using contributions that are not already pay approximately $86 billion in total PBGC strives to implement the SFA contemplated within their rehabilitation assistance to on average (across model program established under this interim plans. simulations) 185 plans.21 PBGC has final rule in a manner that is consistent The interim final rule similarly would estimated the transfer amounts of the with the following key objectives: (1) To prohibit plans from implementing SFA program using ME–PIMS, PBGC’s transfer to a plan the amount required significant benefit increases that likely stochastic modeling tool, and projects under section 4262 of ERISA as soon as could accelerate insolvencies after the aggregate SFA to be approximately practicable; (2) to prioritize the receiving taxpayer-funded assistance. $94 billion in assistance payments to applications of plans in imminent need However, it is evident that attracting more than 200 plans and $150 million of financial support and where and retaining active members to these to PBGC to administer the SFA program. participants’ suspended benefits are to financially troubled plans is critical to PBGC further estimates that plans that be restored; (3) to establish an efficient ensuring that the plans retain received financial assistance from PBGC system for processing applications; and contribution income levels sufficient to under section 4261 of ERISA in the form (4) to ensure prudent stewardship of sustain plan assets. Accordingly, the of loans will repay PBGC in aggregate taxpayer-funded appropriations for interim final rule allows plans to approximately $200 million. SFA, including the prevention of waste, provide benefit increases when these SFA is expected to assist plans fraud, and abuse in the SFA program. increases can be paid for by additional Section 4262(m) of ERISA gives PBGC covering more than 3 million employer contributions. The condition authority, in consultation with the participants, including by providing also does not apply to the required Secretary of the Treasury, to impose funds for make-up payments to restore reinstatement of benefits suspended reasonable conditions on an eligible previously suspended benefits that total under section 305(e)(9) or 4245(a) of multiemployer plan that receives SFA approximately $150 million for ERISA or to any restoration of benefits relating to increases in future accrual currently insolvent plans and under 26 CFR 1.432(e)(9)–1(e)(3). rates and any retroactive benefit approximately $550 million for plans improvements, allocation of plan assets, Conditions Related to Retroactive that have adopted approved benefit reductions in employer contribution Benefit Improvements suspensions under MPRA. Based on the rates, the allocation of contributions and The interim final rule provides that, average of 500 stochastic model other practices, and withdrawal during the SFA coverage period, plans simulations, ME–PIMS projects that liability. In determining what that receive SFA are strictly prohibited over 100 plans that would have conditions to impose, in consultation from adopting an amendment to provide otherwise become insolvent during the with the Treasury Department, PBGC any retroactive benefit improvements. next 15 years will instead forestall evaluated the regulatory alternatives Unlike increases to the level of future insolvency as a direct result of receiving under section 4262(m) to set conditions accruals, which incentivize active SFA. based on the following objectives: (1) members to participate in the plan and Section 4262(m) of ERISA provides Meeting the goals of ARP in providing can thereby improve the expected PBGC with specific regulatory authority for the SFA program; (2) stewardship of contribution income, increases to (in consultation with the Secretary of taxpayer-funded appropriations for retroactive benefit levels harm the the Treasury) to impose reasonable SFA; (3) maintaining the security of the funded position of the plan without conditions on eligible multiemployer accrued pension benefits (current and improving expected future plan income. plans that receive SFA (see Conditions future accruals) of participants in plans for special financial assistance earlier in Conditions Related to Allocation of Plan that receive SFA; and (4) preservation of the preamble). Absent the imposition of Assets the solvency of the PBGC any conditions, there would be a multiemployer insurance program. The interim final rule provides that, potential for employers and plan The regulatory action and related during the SFA coverage period, plans sponsors to take actions that could economic considerations for each must hold a sufficient portion of total impair the financial health of their plans condition are described as follows. plan assets, which includes all and thereby jeopardize the retirement segregated accounts (including SFA), in security of plan participants and PBGC’s Conditions Related to Future Benefit permissible investments (described in multiemployer insurance program. Accruals § 4262.14) to meet expected plan benefit Examples include actions that will The interim final rule provides that, payments and administrative expenses increase plan obligations, such as during the SFA coverage period for at least 1 year (or until the date the amendments to increase benefit levels, (beginning on the plan’s SFA plan is projected to become insolvent, if measurement date through the last day earlier). This requirement is in addition 20 Specifically, section 9704 of ARP establishes an of the last plan year ending in 2051), to the restrictions on investments under eighth fund under section 4005 of ERISA. § 4262.14. For plans with a large 21 Congressional Budget Office Cost Estimate, plans that receive SFA can only accept February 17, 2021, https://www.cbo.gov/system/ a collective bargaining agreement (CBA) proportion of plan assets as SFA, this files/2021-02/hwaysandmeansreconciliation.pdf. that increases future benefit accruals additional condition is not likely to
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result in any additional restrictions on investment returns, etc.) or an increase risk of loss respecting any plan involved asset allocation until the plan’s SFA in the proportion of expenses allocated in the transaction and (3) the transfer or account is depleted. to a plan that receives SFA is merger is not reasonably expected to be The interim final rule provides plans prohibited. This prohibition applies to adverse to the overall interests of the that receive SFA with the opportunity to written or oral agreements or practices participants and beneficiaries of any of invest in a portfolio that can benefit (other than a written agreement in the plans involved in the transaction. from risk and illiquidity premiums over existence on March 11, 2021, to the This condition is to ensure that plans the long-term investment horizon. This extent not subsequently amended or that receive taxpayer-funded assistance flexibility to invest in other assets is modified) under which income or do not subsequently engage in likely to extend the solvency of these expenses are divided or to be divided transactions that may allocate plans, and the limit on that flexibility between a plan that receives SFA and contributions away from the plan in a will only constrain plans that would one or more other employee benefit manner that is projected to accelerate otherwise accept an inappropriate level plans. However, the prohibition does insolvency. of risk after receiving taxpayer not apply to a good faith allocation of assistance. contributions pursuant to a reciprocity Conditions Related to Withdrawal Liability Conditions Related to Reductions in agreement. (If the principal purpose of Employer Contribution Rates entering into, amending, or modifying a Under the interim final rule, a plan reciprocity agreement after March 11, must use the interest assumptions under The interim final rule provides that, 2021, is to circumvent this condition, § 4281.13(a) to determine withdrawal during the SFA coverage period, the any allocation made pursuant to such liability beginning for withdrawals after contributions required for each CBU reciprocity agreement will not be the plan year in which the plan receives must not be less than, and the definition considered as made in good faith.) The SFA. This condition continues to apply of the CBUs used must not be different prohibition also does not apply to a until the later of 10 years after the end from, those set forth in the CBA or plan good faith allocation of contributions of the plan year in which the plan documents (including agreed to where the contributions to a plan that receives payment of SFA or the last day contribution increases to the end of the receives SFA required for each base unit of the plan year in which the segregated collective bargaining agreements) in are not reduced (except if the reduction SFA asset account is fully depleted. effect on March 11, 2021. However, an is approved by PBGC). It also does not exception is provided where a plan The interim final rule also provides apply to a good faith allocation of the sponsor determines that the risk of loss that, during the SFA coverage period, costs of securing shared space, goods, or to plan participants and beneficiaries is plans that receive SFA cannot enter into services, where such allocation does not lessened by the reduction. Where the a negotiated settlement agreement with reduction affects annual contributions constitute a prohibited transaction a withdrawing employer that is in over $10 million and over 10 percent of under ERISA or is otherwise exempt excess of $50 million without first all employer contributions, the plan from the prohibited transaction obtaining approval from PBGC. It is sponsor must request approval from provisions pursuant to section 408(b)(2), important to ensure that any negotiated PBGC, which must also determine that 408(c)(2), or 408(a) of ERISA, or of the settlements of material size are not the change lessens the risk of loss to actual cost of services provided to the projected to be harmful to participants participants and beneficiaries. Plans in plan by an unrelated third party. in the plan or harmful to PBGC’s critical status are already subject to This condition is to ensure that plans multiemployer insurance program. constraints on reducing future do not inappropriately reallocate The interim final rule would prevent contribution rates and must abide by the contributions away from the plan to the payment of SFA from resulting in terms of their rehabilitation plans. The other benefit programs or decreases in withdrawal liability interim final rule is intended to broadly inappropriately reallocate expenses assessments and thereby reduce the prevent reductions in contribution rates from other benefit programs to the plan. incentive for employers to withdraw that may accelerate the future In addition, during the SFA coverage from these plans. The purpose of SFA insolvencies of plans, while still period, a plan receiving SFA must not is to help plans pay for benefits and providing very limited flexibility for engage in a transfer of assets or plan expenses and not to indirectly employers with extenuating financial liabilities (including a spinoff) or merger subsidize employers to exit these plans. except with PBGC’s approval. PBGC circumstances. (4) Estimated Impact of Regulatory will approve a proposed transfer or Action Conditions Related to the Allocation of merger if: (1) The transaction complies Contributions and Other Practices with section 4231(a)–(d), (2) the transfer The following table summarizes the Under the interim final rule, during or merger, or the larger transaction of estimated transfers and costs expected the SFA coverage period, a decrease in which the transfer or merger is a part, as a result of implementation of the SFA the proportion of income (contributions, does not unreasonably increase PBGC’s program.
PV amount PV amount 2021 2022 2023 2024 2025 2026 2027–2051 (3% rate) (7% rate) (Total) 22
Annual Transfer Amounts
SFA payments to plans $86.35 bil- $77.33 bil- $1.46 billion $43.68 bil- $23.03 bil- $13.32 bil- $8.89 billion $3.33 billion $0.47 billion. (total nominal value of lion. lion. lion. lion. lion. $94.2 billion). I I I I I I
22 SFA payments to plans are expected to be $474 million in 2030. Additional PBGC expenses are expected to be $726,800 per year from 2027 through million in 2027 and $0 thereafter. PBGC expected to be incurred from 2031 through 2051, 2051. Condition exemption filings are expected to administrative expenses are expected to be $14 but would not be funded through general be $19,600 per year from 2027 through 2051. million per year from 2027 through 2029 and $10.5 appropriations. Annual compliance filings are
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PV amount PV amount 2021 2022 2023 2024 2025 2026 2027–2051 (3% rate) (7% rate) (Total) 22
Financial assistance loan ($194.17) ($186.92) ($200.00) $0 ...... $0 ...... $0 ...... $0 ...... $0 ...... $0. repayment to PBGC million. million. million. (total nominal value of $200 million). Total transfer $86.16 bil- $77.14 bil- $1.26 billion $43.68 bil- $23.03 bil- $13.32 bil- $8.89 billion $3.33 billion $0.47 billion. amounts (total lion. lion. lion. lion. lion. nominal value of $94.0 billion).
Annual Cost Amounts
PBGC administrative ex- $129.57 mil- $108.41 mil- $20.50 mil- $17.50 mil- $15.75 mil- $15.00 mil- $14.75 mil- $14.00 mil- $52.50 mil- penses (total nominal lion. lion. lion. lion. lion. lion. lion. lion. lion. value of $150 million). SFA applications ...... $8,091,600 $7,232,400 $1,199,300 $2,121,800 $2,183,300 $1,998,800 $1,260,800 $78,800 ...... $0. Benefit reinstatement par- $69,900 ...... $66,000 ...... $34,400 ...... $38,700 ...... $0 ...... $0 ...... $0 ...... $0 ...... $0. ticipant notices. Annual compliance filings $12,495,000 $7,231,200 $0 ...... $99,500 ...... $275,400 .... $456,500 .... $622,200 .... $726,800 .... $18,168,750. Condition exemption filings $354,000 .... $209,900 .... $0 ...... $0 ...... $19,600 ...... $19,600 ...... $19,600 ...... $19,600 ...... $489,250. Total cost amounts .... $150.58 mil- $123.15 mil- $21.73 mil- $19.76 mil- $18.23 mil- $17.47 mil- $16.65 mil- $14.83 mil- $71.16 mil- lion. lion. lion. lion. lion. lion. lion. lion. lion.
Filing and Issuance Requirements 305(e)(9) or 4245(a) of ERISA must issue section 4262(m)(1) of ERISA. The As discussed in this interim final rule, a notice of reinstatement to participants estimated results were produced by to request SFA for a multiemployer and beneficiaries whose benefits were ME–PIMS, PBGC’s stochastic modeling plan, a plan sponsor must, under previously suspended and then tool used to project the future solvency section 4262 of ERISA and part 4262, reinstated. PBGC estimates that over the and potential financial assistance under file an application with PBGC. The next 3 years (2021–2023) an average of section 4261 for each plan in the U.S. applications for SFA must include 11.33 plans annually (34 total plans) multiemployer pension plan system.23 information about the plan, plan will issue the notice of reinstatement to The level of complexity and the lack of documentation, and actuarial an average of 3,050 participants and availability of complete plan-level data information. The information is beneficiaries at an aggregate average needed to program the specifications necessary for PBGC to verify a plan’s annual cost of $24,367. under the range of alternative regulatory eligibility for SFA, amount of requested A plan sponsor that receives SFA also actions under section 4262(m) are SFA, and if applicable, inclusion in a is required to administer the plan in barriers to producing precise financial priority group. In addition, under part accordance with conditions prescribed estimates for each potential action. 4262, a plan that has received SFA is by PBGC in § 4262.16. A plan sponsor Instead, PBGC conducted a single required to file a compliance notice may request approval from PBGC for an benchmark scenario for each regulatory with PBGC once every year until 2051. exception under certain circumstances condition that illustrates the order-of- As discussed further in the Paperwork for conditions relating to reductions in magnitude financial impact. Reduction Act section, the estimated contributions, transfers or mergers, and The baseline assumptions represent average cost (dollar equivalent of the in- settlement of withdrawal liability. PBGC PBGC’s best-estimate assumptions for house hour burden + contractor costs) to expects these determination requests to prepare the one-time application to be infrequent. PBGC estimates that it determining the aggregate amounts of PBGC is $30,750, and the estimated will receive an average of 2.2 requests SFA under section 4262 of ERISA and average cost to prepare the annual per year beginning in 2023 at a cost of financial assistance under section 4261 statement of compliance is $2,550. $19,570 per year (averaged over 2021– based on employer and plan behavior PBGC estimates that over the next 3 2023 = $6,523). that remains consistent before and years (2021–2023) it will receive Over the next 3 years (2021–2023), the following the distribution of SFA. The annually an average of 60 applications total average annual cost for the benchmark scenario assumptions for SFA at an aggregate average annual information collection is $2,000,840 represent a single scenario that was cost of $1,845,000 and 49 annual ($1,845,000 + $124,950 + $24,367 + used to estimate each alternative statements of compliance at an aggregate $6,523). regulatory action that was considered. average annual cost of $124,950. Conditions for Plans That Receive SFA In addition, certain plan sponsors that 23 The following web page on PBGC’s website receive SFA are subject to participant The following table provides provides more detailed information about PBGC’s Multiemployer Program Pension Insurance disclosure and reporting requirements. estimated financial impacts under a Modeling System (ME–PIMS): https:// A plan sponsor of a plan with benefits benchmark scenario analysis for each of www.pbgc.gov/about/projections-report/pension- that were suspended under sections the 6 areas for conditions listed under insurance-modeling-system.
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Benchmark scenario Regulatory condition Baseline assumption assumption Estimated benchmark impact * Comments
Future Benefit Accru- No assumed accrual increases An immediate 10% increase in $5 billion to $8 billion in section Plans are already constrained on in- als. future accruals followed by 4261 Financial Assistance creasing accrual levels based on annual increases based on (estimated through 2070). rehabilitation plan requirements. assumed wage index in- The estimated impact is primarily creases (no corresponding due to accelerated plan insolven- contribution rate increases). cies. Most increases to benefit ac- crual rates would not be covered under PBGC guaranteed benefit limits. Retroactive Benefit No assumed accrual increases A one-time 10% increase in ret- $7 billion to $10 billion in sec- Plans are already constrained on in- Accruals. roactive accrued benefits for tion 4261 Financial Assist- creasing benefit levels based on re- all active participants in- ance (estimated through habilitation plan requirements. The creases (no corresponding 2070). estimated impact is primarily due to contribution rate increases). accelerated plan insolvencies. Most increases to accrued benefits would not be covered under PBGC guar- anteed benefit limits. Allocation of Plan As- Baseline stochastic returns All plans that receive SFA uti- $5 billion to $15 billion in sec- Plans required to invest all available sets. under ME–PIMS model, with- lize an LDI strategy to match tion 4261 Financial Assist- plan assets in high quality fixed in- out restrictions on asset allo- assets to benefit payments. ance (estimated through come securities are expected to at- cation. 2070). tain lower investment returns, which accelerates plan insolvencies. Reduction in Contribu- Level contribution rates (no as- A one-time 20% decrease in $20 billion to $40 billion in sec- The estimated impact includes the ac- tion Rates. sumed decreases). the per-capita contribution tion 4261 Financial Assist- celeration of projected plan insol- rate increases (no cor- ance (estimated through vencies resulting from reduced con- responding reduction in fu- 2070). tribution levels, as well as lower ture accruals). contribution and withdrawal liability income following insolvency used to partially offset benefit payments. Allocation of Contribu- No assumed reallocation of A one-time immediate decline $10 billion to $25 billion in sec- Reallocation of contributions to other tions and Other contributions to other plans. to CBUs of 20%, followed by tion 4261 Financial Assist- plans could take the form of plan Practices. CBUs projected with annual annual 1.3% declines (in- ance (estimated through transactions such as spinoffs or li- 1.3% decline. cludes corresponding reduc- 2070). ability transfers, which are not ex- tion in future accruals). plicitly modeled. Withdrawal Liability.... No assumed future employer Employers representing 35% of $15 billion to $20 billion in sec- Plans are assumed to project the in- withdrawals explicitly factored active members withdraw im- tion 4262 SFA. creased level of employer with- into modeling. mediately after receiving SFA. drawals as part of assumption set- ting for SFA determination pur- poses. * The estimated impacts that increase the $94 billion of SFA amounts under section 4262 of ERISA occur from 2021 through 2027. The estimated impacts for all ‘‘Section 4261 Financial Assistance’’ represent the aggregate nominal amount of this assistance provided through 2070. ‘‘Section 4261 Financial Assistance’’ is the multiemployer insurance program financial assistance PBGC provides in periodic payments upon plan insolvency under section 4261 of ERISA, which is limited to PBGC guarantee amounts.
(5) Regulatory Alternatives Considered ERISA. A secondary condition may true impact is unknown and subject to eliminate some existing flexibility but a great deal of uncertainty. Conditions Related to Future Benefit could prevent plans from adopting Accruals Another regulatory alternative was benefit improvements that prove considered under which PBGC would PBGC first considered the ultimately to be unaffordable for the limit levels of future increases based on implications of foregoing any regulatory plan. If a plan that receives SFA were wage indexation. This alternative would authority provided under section able to subsequently implement allow plans with limited flexibility to 4262(m) of ERISA to impose reasonable significant increases to the future adopt increases but would prevent conditions related to future benefit accrual rate, it would likely accelerate significant improvements that may accruals. The primary factor in support the plan’s insolvency date which would prove unaffordable. PBGC considered of the option to not regulate is that jeopardize participant benefits and that certain eligible plans may have additional constraints on benefit impose financial strain on PBGC’s recently imposed substantial reductions improvements may be unnecessary and multiemployer insurance program. in the accrual level to forestall may be considered onerous. Plans that PBGC estimates that a one-time 10 insolvency, such that the current level receive SFA will be deemed to be in percent increase in the future accrual of accruals are not sufficient to retain critical status through the plan year rate accompanied by annual increases active members. Although this ending in 2051 and will be subject to based on the national average wage alternative would have helped to limit the terms of their applicable index, for all active participants, could the financial impact below the $5 rehabilitation plan. A rehabilitation increase the aggregate nominal amount billion to $8 billion range modeled in plan generally restricts a plan from of future financial assistance under the sensitivity scenario, it was increasing benefits unless the plan is section 4261 of ERISA by approximately determined to be too restrictive. able to provide additional contribution $5 billion to $8 billion. Absent Yet another regulatory alternative was income that is not already contemplated regulatory action, it is unknown the considered under which PBGC would with the rehabilitation plan. extent to which employers can and strictly prohibit any increases in future Although this may be applicable for would increase future accrual rates. benefit accruals until 2051. Under this many plans, there may be additional PBGC would generally expect the approach, the value of plan accrual rates benefits to imposing a secondary financial impact to be less than this could erode significantly due to restriction on benefit increases as estimated range due to the existing inflation. As the benefits lose value, it permitted under section 4262(m) of rehabilitation plan constraints, but the would likely become increasingly
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difficult for plans to retain their active recent years. The benefit of this foregoing any regulatory condition with members. Plans could suffer irreparable approach would be to improve respect to asset allocation. However, harm to the contribution base as a potentially the retirement security of under most economic scenarios, PBGC result, which would likely guarantee active plan participants, who have expects a more favorable outcome both that plans would go insolvent. As a experienced the disproportionate to plan solvencies and future PBGC result, PBGC determined that this impact of benefit reductions. However, program outlays by imposing less regulatory alternative would harm plan increases to future accrual rates more restrictive conditions related to asset participants and the multiemployer effectively bolster the future engagement allocation, such as the condition in the insurance program. of active participants than retroactive interim final rule. benefit improvements. By prohibiting A separate regulatory alternative was Conditions Related to Retroactive all retroactive benefit improvements, considered under which PBGC would Benefit Improvements plans will remain on a more favorable require all plan assets to be invested in PBGC first considered the implication financial path and any surplus income accordance with the restrictions for SFA of foregoing any regulatory authority would be better utilized by improving under section 4262(l) of ERISA (i.e., provided under section 4262(m) of future accruals to help attract and retain investment-grade bonds or other ERISA to impose reasonable conditions active members. investments as permitted by PBGC). related to retroactive benefit This condition would effectively require improvements. The primary support for Conditions Related to Allocation of Plan plans to pursue a liability-driven not regulating is that additional Assets investment strategy under which fixed constraints on benefit improvements PBGC first considered the income assets are matched to expected may be unnecessary and may be implications of foregoing any regulatory benefit payments to immunize the considered onerous. Plans that receive authority provided under section portfolio from risk. This condition SFA are deemed to be in critical status 4262(m) of ERISA to impose reasonable would be highly restrictive on a plan’s through the plan year ending in 2051 conditions related to asset allocation. ability to select plan assets. It would and will be subject to the terms of their There were two primary factors in mitigate year-to-year volatility in plan applicable rehabilitation plan. A support of this approach. First, section funded status and would severely rehabilitation plan generally restricts a 4262(l) already restricts the investment restrict a plan’s attainable investment plan from increasing benefits unless the of SFA to investment-grade bonds and returns and thus potentially accelerate plan is able to provide additional other investments as permitted by the insolvency of the plan. Because contribution income that is not already PBGC. This condition alone serves as a available fixed income yields are contemplated with the rehabilitation significant constraint on a plan’s ability expected to be lower than the interest plan. to pursue higher returns in risk-seeking rate limit defined under section However, as with the advantages of a assets, particularly for plans that had 4262(e)(3), plans would generally condition on future benefit accruals previously been insolvent or close to become insolvent before the 2051 plan discussed earlier, a secondary condition insolvency and received an amount of year. Based on modeling using ME– on retroactive benefit increases could SFA that is large in proportion to the PIMS, PBGC estimates that this prevent plans from adopting benefit amount of existing plan assets. Second, regulatory alternative could increase improvements that ultimately prove to imposing conditions that severely future financial assistance payments be unaffordable for the plan. PBGC restrict the level of return-seeking assets under section 4261 by $5 billion to $15 estimates that a one-time 10 percent may impair a plan’s ability to achieve billion over the next four decades. Due increase in retroactive accrued benefits greater investment returns and forestall to the increased financial impact of this for all active participants could increase insolvency. Although a higher option and the adverse impact to plan the aggregate nominal amount of future proportion of return-seeking assets participants resulting from accelerated financial assistance under section 4261 exposes plans to greater losses in the plan insolvencies, PBGC did not choose by approximately $7 billion to $10 event of adverse market conditions, the to pursue this alternative. billion. Absent regulatory action, the long-term investment horizon affords extent to which employers can and plans the risk capacity to recoup these Conditions Related to Reductions in would increase retroactive benefits is losses. Employer Contribution Rates unknown. PBGC would generally expect The primary risk to foregoing any PBGC first considered the the financial impact to be less than this regulatory action to impose conditions implications of foregoing any regulatory estimated range due to existing on asset allocation is the potential for a authority provided under section rehabilitation plan constraints, but the scenario under which plans that receive 4262(m) of ERISA to impose reasonable true impact is unknown and subject to SFA invest heavily in highly risky, conditions related to reductions in a great deal of uncertainty. speculative assets and the market employer contribution rates. The Another regulatory alternative experiences a severe, prolonged primary benefit of this option is that it considered would allow for retroactive downturn. Plans may choose to pay all could provide plans with flexibility to benefit improvements, subject to benefits and administrative expenses reduce contribution rates if it is rehabilitation plan constraints, but only from the SFA account before exhausting expected to attract or retain employers up to a specified limit. The alternative any existing plan assets. Following the in the plan. Any mechanism that allows would provide plans with limited depletion of SFA, plans would then plans to bolster their active membership flexibility to increase benefits, but also experience no constraints on their asset could help to improve their funded prevent excessive improvements that allocation and could seek to invest in status through increased contribution would impair a plan’s financial highly risky assets. Although the long- levels. A plan’s authority to allow for position. Yet another alternative would term investment horizon does afford reduced contribution rates during the be to limit the amount of retroactive plans with time to recoup losses, a collective bargaining process is already benefit increases to a restoration of severe and prolonged downturn could constrained by the terms of their accrued benefits to levels available cause irreparable harm to the plan’s rehabilitation plan, which is mandated before reductions applied pursuant to financial position. PBGC is unable to for plans certified in critical status. rehabilitation plan requirements in measure a precise financial impact for However, if plans are able to allow for
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reductions in employer contribution parties may not allocate any flexibility analysis requirements of the rates, the contribution income into the contributions away from the plan Regulatory Flexibility Act do not apply. plan may decrease if the reduced rates whereas other bargaining parties may See 5 U.S.C. 601(2). do not effectively increase plan allocate a substantive portion of Paperwork Reduction Act participation. Plans may view SFA as a contributions away from the plan. windfall that will allow for contribution Under this benchmark scenario, This interim final rule contains a rate relief that benefits employers at the financial assistance under section 4261 collection of information that PBGC has expense of the plan’s financial health. of ERISA would increase by submitted to the Office of Management Although the financial impact is likely approximately $10 billion to $25 billion and Budget (OMB) for review and to be significantly less than the $23 over the following decades. However, approval under the Paperwork billion to $36 billion range estimated the extent to which bargaining parties Reduction Act. OMB’s decision under the ME–PIMS benchmark would engage in these types of strategies regarding this information collection scenario for a 20 percent universal is highly uncertain. request will be available at http:// reduction in assumed contribution rates www.Reginfo.gov. An agency may not Conditions Related to Withdrawal (primarily due to the aforementioned conduct or sponsor, and a person is not Liability rehabilitation plan constraints), PBGC required to respond to, a collection of expects there to be a material (albeit PBGC first considered the information unless it displays a unknown) impact. implications of foregoing any regulatory currently valid OMB control number. A separate regulatory alternative was authority provided under section PBGC estimates that over the next 3 considered under which PBGC would 4262(m) of ERISA to impose reasonable years an annual average of 60 plan strictly prohibit plans from accepting conditions related to withdrawal sponsors will file applications for SFA any collective bargaining agreement liability. Absent any conditions, plans (39 in 2021, 69 in 2022, and 71 in 2023). under which there was a reduction in may anticipate a potential surge of PBGC needs the information in the the contribution rate. This alternative is employer withdrawal upon receipt of application to review a plan’s eligibility similar to the provision in the interim the SFA. Plans would account for this for SFA, priority group status, and final rule but does not allow for any anticipated outcome by requesting a amount of requested SFA, and to make exceptions to the prohibition. PBGC greater amount of SFA in their payment of SFA. PBGC estimates that recognizes that employers that are on applications to PBGC (plans would do each application requires $30,000 in the brink of insolvency may be able to so by setting the actuarial assumptions contractor cost and 10 hours of in-house avoid bankruptcy by reducing the accordingly). The extent to which the fund time. Thus, the application contribution rate to the pension plan. aggregate amount of SFA provided imposes estimated annual burdens of Although this exception reduces short under section 4262 is impacted is $1,800,000 (60 × $30,000) and 600 (60 term contribution income to the plan, it unknown, but PBGC estimates that it × 10) hours. may increase long-term contribution could range from 10% to 30%. The PBGC estimates that over the next 3 levels by enabling the contributing greater the amount of SFA that is years an annual average of 49 plan employer to stay solvent and have the provided to plans, the greater the sponsors will file Annual Statements of resources available to contribute to the reduction in the employers’ unfunded Compliance (0 in 2021, 39 in 2022, and plan. vested benefit obligations and therefore 108 in 2023). PBGC needs the the greater the incentive for employers information in this statement to ensure Conditions Related to the Allocation of to withdraw from the plans. This that a plan is compliant with the Contributions and Other Practices outcome could materially increase the conditions imposed upon its receiving PBGC considered the implications of amounts of SFA provided under section SFA. PBGC estimates that each Annual foregoing any regulatory action under 4262. Statement of Compliance requires section 4262(m) of ERISA to impose A separate regulatory alternative was $2,400 in contractor cost and 2 hours of reasonable conditions related to the considered under which PBGC would in-house fund time. The Annual allocation of contributions and other mandate that, during the SFA coverage Statement of Compliance imposes practices. The primary benefit of this period, SFA assets are disregarded in estimated annual burdens of $117,600 option is that the bargaining parties the determination of unfunded vested (49 × $2,400) and 98 (49 × 2) hours. would retain full discretion over how to benefits for the assessment of Over the next 3 years an average of allocate contributions to benefit withdrawal liability. This alternative 11.33 plans per year (16 plans in 2021, programs that align with their desired would prevent a decrease in the value 18 plans in 2022, and 0 in 2023) will be preferences. Regulatory action by PBGC of employer unfunded benefit required to send notices to participants could be considered onerous. obligations due to receipt of SFA and with suspended benefits. This notice is However, PBGC recognizes that thereby block an incentive from arising intended to ensure participants absent any regulations the bargaining that may cause employers to withdraw understand the calculation and dates of parties could take actions that allocate from these plans. This would mitigate their reinstated benefits and, if contributions away from the pension against a change in plan assumptions for applicable, make-up payments. PBGC plan and allow it to fail and become increased employer withdrawals within estimates that the burden for each plan covered under PBGC’s insurance the application for SFA that would in to prepare required notices is $2,000 in program. PBGC used ME–PIMS to turn increase the aggregate transfers of contractor cost and 2 hours of in-house estimate the financial impact of a 25 SFA across all plans under section 4262. fund time. Thus, these notices impose percent one-time reduction in CBUs for This alternative was determined to be estimated annual burdens of $22,667 all plans that receive SFA. This would more administratively complex and (11.33 × $2,000) and 22.66 (11.33 × 2) reflect the efforts that may be made by therefore less desirable. hours. PBGC is considering issuing a some plans to shift hours away from the model notice and hereby solicits public plan to increase contribution allocations Regulatory Flexibility Act comment on whether a model notice to other programs. The 25 percent Because PBGC is not publishing a would be helpful. reduction percentage was set as an general notice of proposed rulemaking Also, PBGC estimates that beginning average to reflect that some bargaining under 5 U.S.C. 553(b), the regulatory in 2023, PBGC will receive an average
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of 2.2 requests per year (averaged over • 4 hours and $12,000 for a proposed 2.53), which means a cost equivalent of 2021–2023 = 0.73 per year) for transfer or merger; and $54,240 assuming a blended hourly rate determinations concerning a transfer of • 2 hours and $2,000 for a proposed of $75 for employer and fund office assets or liabilities (including a spinoff) settlement of withdrawal liability. administrative, clerical, and supervisory or merger (1 per year); a withdrawal PBGC estimates that, beginning in time. The estimated aggregate average liability settlement greater than $50 2023, for 2.2 determination requests, the annual cost burden for 2021–2023 for million (1 per year); or a contribution aggregated average annual hour burden the information collection in part 4262 decrease (.2 (1 every 5 years)) (0 plans will be 7.6 hours (1.6+4+2 employer and is $1,946,600 ($1,800,000 + $117,600 + in 2021, 0 plans in 2022, and 2.2 plans fund office hours) and the aggregated $22,667 + $6,333), which means in 2023). PBGC needs the information average annual cost burden will be approximately 4,867 contract hours requested to make a determination on $19,000 ($5,000 + $12,000 + $2,000 in assuming an average hourly rate of $400 the proposed transaction, withdrawal contractor costs). For 2021–2023, PBGC for work done by outside actuaries and estimates an average annual hour liability settlement, or contribution attorneys. The actual hour burden and decrease. PBGC estimates an average burden of 2.53 hours (7.6/3) and average cost burden per plan will vary annual hour burden (employer and fund annual cost burden of $6,333 ($19,000/ depending on plan size and other office hours) and average annual cost 3). factors. burden (contractor costs) per request of: The estimated aggregate average • 1.6 hours (8 hours × .2) and $5,000 annual hour burden for 2021–2023 for The estimated average annual burden ($25,000 × .2) for a proposed the information collection in part 4262 figures for 2021–2023 are shown in the contribution change; is 723.20 hours (600 + 98 + 22.67 + following chart.
Average number of respondents p/year Hour burden Hour burden— Cost burden hours equivalent cost
Applications for SFA: 60 ...... 600 $45,000 $1,800,000 Annual compliance statements: 49 ...... 98 7,350 117,600 Notice of reinstatement: 11.33 ...... 22.67 1,700 22,667 Requests for determination: 1 (0.73) ...... 2.53 190 6,333
Totals: 121 ...... 723.20 54,240 1,946,600
Plan sponsors of multiemployer plans • Enhance the quality, utility, and PART 4262—SPECIAL FINANCIAL applying for SFA are required to file an clarity of the information to be ASSISTANCE BY PBGC application with PBGC with the collected; and required information under part 4262. • Minimize the burden of the Sec. For payment of SFA, they are required collection of information on those who 4262.1 Purpose. to include with an application for SFA, are to respond, including the use of 4262.2 Definitions. common form SF 3881, ACH Vendor/ appropriate automated, electronic, 4262.3 Eligibility for special financial Miscellaneous Payment Enrollment, mechanical, or other technological assistance. OMB control no. 1530–0069. collection techniques or other forms of 4262.4 Amount of special financial assistance. Written comments and information technology, e.g., permitting electronic submission of responses. 4262.5 PBGC review of plan assumptions. recommendations for the information 4262.6 Information to be filed. requirements under this interim final List of Subjects 4262.7 Plan information. rule should be sent to the Office of 29 CFR Part 4000 4262.8 Actuarial and financial information. Information and Regulatory Affairs, 4262.9 Application for a plan with a Office of Management and Budget, Employee benefit plans, Pension partition. Attention: Desk Officer for Pension insurance, Pensions, Reporting and 4262.10 Processing applications. Benefit Guaranty Corporation through recordkeeping requirements. 4262.11 PBGC action on applications. www.reginfo.gov/public/do/PRAMain. 29 CFR Part 4262 4262.12 Payment of special financial Find this particular information assistance. collection by selecting ‘‘Currently under Employee benefit plans, Pension 4262.13 Restrictions on special financial Review—Open for Public Comments’’ or insurance, Pensions, Reporting and assistance. by using the search function. To be recordkeeping requirements. 4262.14 Permissible investments of special assured of consideration, comments For the reasons given above, PBGC is financial assistance. must be submitted by August 11, 2021. amending 29 CFR chapter XL as follows: 4262.15 Reinstatement of benefits PBGC is soliciting public comments previously suspended. PART 4000—FILING, ISSUANCE, 4262.16 Conditions for special financial to— COMPUTATION OF TIME, AND • assistance. Evaluate whether the collection of RECORD RETENTION 4262.17 Other provisions. information is necessary for the proper performance of the functions of the ■ 1. The authority citation for part 4000 Authority: 29 U.S.C. 1302(b)(3), 1432. agency, including whether the continues to read as follows: § 4262.1 Purpose. information will have practical utility; Authority: 29 U.S.C. 1083(k), 1302(b)(3). • Evaluate the accuracy of the The purpose of this part is to § 4000.3 [Amended] agency’s estimate of the burden of the prescribe rules governing applications collection of information, including the ■ 2. In § 4000.3, amend paragraph (b)(4) for special financial assistance under validity of the methodology and by adding ‘‘4262,’’ after ‘‘4245,’’. section 4262 of ERISA and related assumptions used; ■ 3. Add part 4262 to read as follows: requirements.
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§ 4262.2 Definitions. of the Code after December 16, 2014, has (3) Changes in assumptions. If a plan The following terms are defined in remained insolvent, and has not determines that use of the assumptions § 4001.2 of this chapter: Code, ERISA, terminated under section 4041A of under paragraph (d)(2) of this section is fair market value, IRS, multiemployer ERISA as of March 11, 2021. unreasonable, the plan’s application plan, PBGC, plan, and plan sponsor. In (b) Specified year. For purposes of may include a proposed change in the addition, for purposes of this part: this section, the term specified year assumptions (excluding the plan’s Form 5500 means the Annual Return/ means a plan year specified by the plan interest rate assumption), as described Report of Employee Benefit Plan sponsor beginning in 2020, 2021, or in § 4262.5. required to be filed for employee benefit 2022. The specified years for paragraphs plans under sections 104 and 4065 of (a)(3)(i), (ii), and (iii) of this section § 4262.4 Amount of special financial ERISA and sections 6057(b) and 6058(a) need not be the same. assistance. of the Code. (c) Additional rules for critical status (a) In general. Subject to paragraph (f) Merger means merger as defined in plans—(1) Elected status. Election of of this section, the amount of special § 4231.2 of this chapter. critical status under section 305(b)(4) of financial assistance for a plan is the SFA coverage period means the ERISA does not satisfy the requirement amount (if any), subject to adjustment period beginning on the plan’s SFA for the certification of critical status by for the date of payment as described in measurement date and ending on the the plan’s actuary under paragraph § 4262.12, by which— last day of the last plan year ending in (a)(3)(i) of this section. (1) The value, as of the plan’s SFA 2051. (2) Percentage. The percentage measurement date, of all SFA-eligible SFA measurement date means the last calculated as— plan obligations; exceeds day of the calendar quarter immediately (i) The current value of net assets as (2) The value, as of the plan’s SFA preceding the date the plan’s of the first day of the plan year that was measurement date, of all SFA-eligible application was filed. required to be entered on the Form 5500 plan resources. Special financial assistance or SFA Schedule MB that was required to be (b) SFA-eligible plan obligations. The means special financial assistance from filed for a specified year; plus value of SFA-eligible plan obligations as PBGC under section 4262 of ERISA. (ii) The current value of withdrawal of the plan’s SFA measurement date, is Transfer and transfer of assets or liability due to be received by the plan the sum of— liabilities means transfer and transfer of on an accrual basis, reflecting a (1) The present value of benefits assets or liabilities as defined in reasonable allowance for amounts expected to be paid by the plan during § 4231.2 of this chapter. considered uncollectible, as of the first the SFA coverage period including any § 4262.3 Eligibility for special financial day of the plan year for the specified reinstatement of benefits attributable to assistance. year in paragraph (c)(2)(i) of this section the elimination of reductions in a participant’s or beneficiary’s benefit due (a) In general. Subject to all the (if not already included in the current to a suspension of benefits under provisions of this section, a value of net assets in paragraph (c)(2)(i) multiemployer plan is eligible for of this section); divided by sections 305(e)(9) or 4245(a) of ERISA as special financial assistance in any of the (iii) The current liability attributable required under § 4262.15 and any following cases: to all benefits as of the first day of the restoration of benefits under 26 CFR (1) Critical and declining status plans. plan year required to be entered on the 1.432(e)(9)–1(e)(3), and assuming such The plan is in critical and declining Form 5500 Schedule MB specified in reinstatements are paid beginning as of status within the meaning of section paragraph (c)(2)(i) of this section. the SFA measurement date; and 305(b)(6) of ERISA for the specified (d) Actuarial assumptions. (2) The present value of year; or Determinations of eligibility under administrative expenses expected to be (2) Plans with a suspension of paragraph (a)(1) or (3) of this section paid by the plan using plan assets benefits. A suspension of benefits has must be made in accordance with the during the SFA coverage period, been approved with respect to the plan provisions in this paragraph (d). excluding the amount owed to PBGC under section 305(e)(9) of ERISA as of (1) Certifications completed before under section 4261 of ERISA (which is March 11, 2021; or January 1, 2021. For certifications of added to the amount of special financial (3) Critical status plans. The plan: plan status completed before January 1, assistance in § 4262.12 determined as of (i) Is certified to be in critical status 2021, PBGC will accept assumptions the date special financial assistance is within the meaning of section 305(b)(2) incorporated in the determination of paid). of ERISA for a specified year; and whether a plan is in critical status or (c) SFA-eligible plan resources. The (ii) The percentage calculated under critical and declining status as value of SFA-eligible plan resources as paragraph (c)(2) of this section was less described in section 305(b) of ERISA of the plan’s SFA measurement date, is than 40 percent; and unless such assumptions are clearly the sum of— (iii) The ratio of the total number of erroneous. (1) The fair market value of plan active participants at the end of the plan (2) Certifications completed after assets on the SFA measurement date; year required to be entered on the Form December 31, 2020. For certifications of and 5500 that was required to be filed for a plan status completed after December (2) The present value of future specified year to the sum of inactive 31, 2020, the determination of whether contributions, withdrawal liability participants (retired or separated a plan is in critical status or critical and payments, and other payments expected participants receiving benefits, other declining status for purposes of to be made to the plan (excluding the retired or separated participants entitled eligibility for special financial amount of financial assistance under to future benefits, and deceased assistance must be made using the section 4261 of ERISA and special participants whose beneficiaries are assumptions that the plan used in its financial assistance to be received by receiving or are entitled to receive most recently completed certification of the plan) during the SFA coverage benefits) required to be entered on such plan status before January 1, 2021, period. Form 5500 was less than 2 to 3. unless such assumptions (excluding the (d) Deterministic basis. The (4) Insolvent plans. The plan became plan’s interest rate assumption) are projections in paragraphs (b)(1) and (2) insolvent for purposes of section 418E unreasonable. and (c)(2) of this section must be
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performed on a deterministic basis measurement date if the events had not (i) Example 1. Plan A applies for using a single set of assumptions as occurred, as determined in a reasonable special financial assistance. If the described in paragraph (e) of this manner. limitation in paragraph (f)(1)(i) of this section. The projections must be based (ii) The special financial assistance of section did not apply, Plan A would be on participant census data as of the first a plan that experiences a merger event entitled to special financial assistance in day of the plan year in which the plan’s during the period described in the amount of $20X. Before the SFA initial application for special financial paragraph (f)(1)(i) of this section is measurement date, but on or after July assistance is filed, or, if the date on limited to the sum of the amounts of 9, 2021, Plan A transferred a portion of which the plan’s initial application for special financial assistance that would its assets and liabilities to Plan B. If the special financial assistance is filed is have applied to the plans involved in transfer had not occurred, Plan A less than 270 days after the beginning of the merger on the SFA measurement would, as of the SFA measurement date, the current plan year and the actuarial date if the merger had not occurred, as be entitled to special financial valuation for the current plan year is not determined in a reasonable manner. If assistance in the amount of $40X. complete, the projections may instead any of the plans involved in the merger Although an event described in be based on the participant census data also experiences one or more of the paragraph (f)(2) of this section occurred as of the first day of the plan year events described in paragraph (f)(2), (3), with respect to Plan A, Plan A’s special preceding the year in which the plan’s or (4) of this section during the period financial assistance is unaffected by the initial application for special financial described in paragraph (f)(1)(i) of this limitation in paragraph (f)(1)(i) of this assistance is filed. section, the amount of special financial section and is $20X. Plan B also applies (e) Actuarial assumptions. The assistance for that plan on the SFA for special financial assistance. If the amount of special financial assistance measurement date, determined as if the limitation in paragraph (f)(1)(i) of this must be determined in accordance with merger had not occurred, must be section did not apply, Plan B would be generally accepted actuarial principles determined in accordance with entitled to special financial assistance in and practices and the provisions in this paragraph (f)(1)(i) of this section. the amount of $30X. If the transfer from paragraph (e). (2) Transfers. The event described in Plan A had not occurred, Plan B would, (1) The assumed interest rate is the this paragraph (f)(2) is a transfer of as of the SFA measurement date, be lesser of the rate in paragraph (e)(1)(i) or assets or liabilities (including a spinoff). ineligible for special financial (ii) of this section. (3) Benefit increases. The event assistance. As a result of the event (i) The interest rate in this paragraph described in this paragraph (f)(3) is the described in paragraph (f)(2) of this (e)(1)(i) is the interest rate used for execution of a plan amendment section, the limitation in paragraph funding standard account purposes as increasing accrued or projected benefits (f)(1)(i) of this section reduces Plan B’s projected in the plan’s most recently under a plan, other than a restoration of special financial assistance from $30X completed certification of plan status suspended benefits that satisfies the to $0. before January 1, 2021. requirements of 26 CFR 1.432(e)(9)– (ii) Example 2. Plan C applies for (ii) The interest rate in this paragraph 1(e)(3). special financial assistance. If the (e)(1)(ii) is the interest rate that is 200 (4) Contribution reductions. The event limitation in paragraph (f)(1)(ii) of this basis points higher than the rate described in this paragraph (f)(4) is the section did not apply, Plan C would be specified in section 303(h)(2)(C)(iii) of execution of a document reducing a entitled to special financial assistance in ERISA (disregarding modifications plan’s contribution rate (including any the amount of $40X. Before the SFA made under clause (iv) of such section) reduction in benefit accruals adopted measurement date, but on or after July for the month in which the plan’s simultaneously or arising from a pre- 9, 2021, Plans A and B were merged into application for special financial existing linkage between benefit existing Plan C. If the mergers had not assistance is filed or one of the 3 accruals and contributions), but only if occurred, Plan A would not be eligible preceding months, as selected by the the plan does not demonstrate (in for special financial assistance, and Plan plan. accordance with the special financial B and Plan C would be entitled, (2) The assumptions other than the assistance instructions on PBGC’s respectively, to $10X and $5X of special interest rate are those used for the plan’s website at www.pbgc.gov) that the risk financial assistance as of the SFA most recently completed certification of of loss to participants and beneficiaries measurement date. As a result of the plan status before January 1, 2021, is reduced (disregarding special merger event described in paragraph unless such assumptions are financial assistance) by execution of the (f)(1)(ii) of this section, the limitation in unreasonable. document. The document referred to in paragraph (f)(1)(ii) of this section (3) If a plan determines that use of the this paragraph (f)(4) is either— reduces Plan C’s special financial assumptions under paragraph (e)(2) of (i) A collective bargaining agreement assistance from $40X to $15X. this section is unreasonable, the plan’s not rejected by the plan; or (iii) Example 3. Plan A applies for application may include a proposed (ii) A document reallocating special financial assistance. If the change in the assumptions (excluding contribution rates. limitation in paragraph (f)(1)(i) of this the plan’s interest rate assumption (5) Effect of pre-event ineligibility. In section did not apply, Plan A would be under paragraph (e)(1) of this section), determining the amount of special entitled to special financial assistance in as described in § 4262.5. financial assistance that would have the amount of $10X. Before the SFA (f) Certain events—(1) General rules. applied to a plan if an event described measurement date, but on or after July (i) The special financial assistance of a in this paragraph (f) had not occurred, 9, 2021, projected benefits under Plan A plan that experiences one or more of the if the plan would have been ineligible were increased. If the increase had not events described in paragraphs (f)(2), for special financial assistance under occurred, Plan A would, as of the SFA (3), and (4) of this section during the § 4262.3 in the absence of the event, measurement date, be ineligible for period beginning on July 9, 2021, and then the amount of special financial special financial assistance. As a result ending on the SFA measurement date is assistance is deemed to be $0 (zero). of the event described in paragraph limited to the amount of special (6) Examples. The following examples (f)(3) of this section, applying the financial assistance that would have illustrate the provisions of paragraph (f) limitation in paragraph (f)(1)(i) of this applied to the plan on the SFA of this section. section and in accordance with
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paragraph (f)(5) of this section, Plan A actuarial principles and practices, authorized representative of the plan is treated as being entitled to special taking into account the experience of sponsor; and financial assistance of $0. the plan and reasonable expectations. (2) Include the following statements (iv) Example 4. Plan A applies for The actuary’s selection of assumptions signed by an authorized trustee who is special financial assistance. If the about future covered employment and a current member of the board of limitation in paragraph (f)(1)(i) of this contribution levels (including trustees: ‘‘Under penalties of perjury section did not apply, Plan A would be contribution base units and contribution under the laws of the United States of entitled to special financial assistance in rates) may be based on information America, I declare that I have examined the amount of $10X. Before the SFA provided by the plan sponsor, which this application, including measurement date, but on or after July must act in good faith in providing the accompanying documents, and, to the 9, 2021, Plan A’s contribution rate was information. best of my knowledge and belief, the reduced. Plan A’s benefit formula states (2) If a plan has a change in application contains all the relevant that the monthly benefit accrual for a assumptions under paragraph (c) of this facts relating to the application, and participant for a plan year is 2.0% of the section, each of the actuarial such facts are true, correct, and contributions paid on behalf of the assumptions and methods (other than complete.’’ participant for that plan year. Since the interest rate) must be reasonable and (c) Actuarial calculations. All there is a pre-existing linkage between the combination of those actuarial calculations that are required in an benefit accruals and contributions, the assumptions and methods (excluding application for special financial event described in paragraph (f)(4) of the interest rate) must also be assistance under this part must include this section includes both the reduction reasonable. a certification by the plan’s enrolled in benefit accruals and the reduction in (c) Changes in assumptions. If a plan actuary. the contribution rate. If the contribution determines that use of an assumption (d) Clarifying information. PBGC may rate reduction and the reduction in described in § 4262.3(d)(2) or require a plan sponsor to file additional benefit accruals had not occurred, Plan § 4262.4(e)(2) is unreasonable, the plan’s information to clarify or verify A would, as of the SFA measurement application may include a proposed information provided in the plan’s date, be entitled to special financial change in the assumptions (excluding application. The plan sponsor must assistance of $8X. Plan A does not the plan’s interest rate assumption). promptly file any such information with provide a demonstration that the risk of (1) The application for special PBGC upon request. loss to participants and beneficiaries is financial assistance must— (e) Duty to amend and supplement reduced (disregarding special financial (i) Describe why the original application. The plan sponsor of a plan assistance) due to the reduction in assumption is no longer reasonable; applying for special financial assistance contribution rate and the reduction in (ii) Propose to use a different must— benefit accruals. As a result of the assumption (the changed assumption); (1) Amend the plan to include the events described in paragraph (f)(4) of and following special financial assistance this section, the limitation in paragraph (iii) Demonstrate that the changed provision effective through the end of (f)(1)(i) of this section reduces Plan A’s assumption is reasonable. the last plan year ending in 2051: special financial assistance from $10X (2) PBGC will provide guidelines for ‘‘Beginning with the SFA measurement to $8X. changed assumptions on PBGC’s date selected by the plan in the plan’s website at www.pbgc.gov. application for special financial § 4262.5 PBGC review of plan assistance, the plan shall be assumptions. § 4262.6 Information to be filed. administered in accordance with the (a) In general. (1) As set forth in (a) In general. An application for restrictions and conditions specified in § 4262.3(d)(1), PBGC will accept the special financial assistance must section 4262 of ERISA and 29 CFR part assumptions used by a plan to include the information specified in this 4262. This amendment is contingent determine eligibility for special section and §§ 4262.7 (plan information) upon approval by PBGC of the plan’s financial assistance under § 4262.3(d)(1) and 4262.8 (actuarial and financial application for special financial unless PBGC determines that such information); a copy of the executed assistance.’’ assumptions are clearly erroneous. plan amendment required under (2) Amend the plan to reinstate (2) PBGC will accept the assumptions paragraph (e)(1) of this section; a copy benefits, as described in § 4262.15(a)(1), used by a plan to determine eligibility of the proposed plan amendment and make payments of previously for special financial assistance under required under paragraph (e)(2) of this suspended benefits, described in § 4262.3(d)(2) or to determine the section; a completed checklist; and § 4262.15(a)(2), in accordance with amount of special financial assistance other information as described in the guidance issued by the Secretary of the under § 4262.4(e)(2) unless PBGC special financial assistance instructions Treasury under section 432(k)(2) of the determines that an assumption is on PBGC’s website at www.pbgc.gov. If Code. unreasonable. any of the information required for an (3) During any time in which an (3) PBGC will accept a plan’s changes application for special financial application is pending approval by in assumptions under paragraph (c) of assistance under this part is not PBGC, the plan sponsor must promptly this section except to the extent that accurately completed or not filed with notify PBGC in writing as soon as the PBGC determines that an assumption is the application, the application will not plan sponsor becomes aware that any individually unreasonable, or the be considered complete. material fact or representation contained proposed changed assumptions are (b) Required trustee signature. An in or relating to the application, or in unreasonable in the aggregate. application for special financial any supporting documents, is no longer (b) Reasonableness of assumptions. assistance must— accurate, or that any material fact or (1) Each of the actuarial assumptions (1) Be signed and dated by an representation was omitted from the and methods used for the actuarial authorized trustee, who is a current application or supporting documents. projections (excluding the interest rate member of the board of trustees and (f) Disclosure of information. Unless assumption) must be reasonable in who is authorized to sign on behalf of confidential under the Privacy Act, all accordance with generally accepted the board of trustees, or by another information that is filed with PBGC for
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an application for special financial reinstatement is the SFA measurement (10) Most recent plan financial assistance under this part may be made date and that payments for previously statement (audited, or unaudited if publicly available, at PBGC’s sole suspended benefits described in audited is not available). discretion, on PBGC’s website at § 4262.15(a)(2) are paid or commence on (11) Bank account and other www.pbgc.gov or otherwise publicly the SFA measurement date. If the plan information necessary for electronic disclosed. Except to the extent required restored benefits under 26 CFR payment of funds. by the Privacy Act, PBGC provides no 1.432(e)(9)–1(e)(3) before the SFA (12) All written policies and assurance of confidentiality in any measurement date, the proposed procedures governing withdrawal information or documentation included schedule should reflect the amount and liability determination, assessment, in an application for special financial timing of payments of restored benefits collection, settlement, and payment. assistance. and the effect of the restoration on the § 4262.8 Actuarial and financial benefits remaining to be reinstated. information. § 4262.7 Plan information. (e) Plan documentation. An (a) Basic information. An application application must include all of the (a) Required information. An for special financial assistance must following plan documentation: application for special financial include all of the following information (1) Most recent plan document or assistance must include all of the with respect to the plan and amount of restatement of the plan document and following actuarial and financial special financial assistance requested: all subsequent amendments adopted (if information: (1) Name of the plan, Employer any), including a copy of the executed (1) For each plan year from the 2018 Identification Number (EIN), and three- plan amendment required under plan year until the most recent plan year digit Plan Number (PN). § 4262.6(e)(1). for which the Form 5500 is required to (2) Name of the individual filing the (2) A copy of the proposed plan be filed, the projection of expected application and role of the individual amendment required under benefit payments as required to be with respect to the plan. § 4262.6(e)(2) and certification by the attached to the Form 5500 Schedule MB (3) Name, address, email, and plan sponsor that the plan amendment if the response to the question at line telephone number of the plan sponsor will be timely adopted. 8b(1) of the Form 5500 Schedule MB is and the plan sponsor’s authorized (3) Most recent trust agreement or ‘‘Yes’’. representatives, if any. restatement of the trust agreement and (2) For a plan that has 10,000 or more (4) The total amount of special all subsequent adopted amendments (if participants as required to be entered on financial assistance requested. any). line 6f of the plan’s most recently filed (b) Eligibility. An application must (4) Most recent IRS determination Form 5500, a listing of the 15 largest identify the eligibility requirements in letter. contributing employers and the § 4262.3 that the plan satisfies to be (5) Actuarial valuation report contribution amounts for each for the eligible for special financial assistance. completed for the 2018 plan year and most recently completed plan year. An application for a plan that is eligible each subsequent actuarial valuation (3) Historical plan financial under section 4262(b)(1)(C) of ERISA report completed before the date the information for each of the most recent must include a demonstration to plan’s application was filed. 10 plan years immediately preceding support that the plan meets the (6) Most recent rehabilitation plan (or the date the plan’s application was filed eligibility requirements. funding improvement plan, if that separately identifies: Total (c) Priority group identification. An applicable), including all subsequent contributions; total contribution base application must identify any priority amendments and updates, and the units; average contribution rates; group under § 4262.10(d)(2) that the percentage of total contributions number of active participants at the plan is in. An application must include received under each schedule of the beginning of each plan year; and other a demonstration to support the plan’s rehabilitation plan for the most recent sources of non-investment income, inclusion in a priority group, unless the plan year available. If the most recent including, if applicable, withdrawal plan is insolvent under section 4245(a) rehabilitation plan does not include liability payments collected, of ERISA, has implemented a historical documentation of contributions from reciprocity suspension of benefits under section rehabilitation plan changes (if any) that agreements, and other sources of 305(e)(9) of ERISA as of March 11, 2021, occurred in calendar year 2020 and contributions or income not already is in critical and declining status (as later, these details must be provided in identified. defined in section 305(b)(6) of ERISA) a supplemental document. (4) Information used to determine the and had 350,000 or more participants, (7) Most recent Form 5500 and all amount of the requested special or is listed on PBGC’s website at schedules and attachments (including financial assistance, based on a www.pbgc.gov as a plan in priority the audited financial statement). deterministic projection, including all of group 6, as defined under (8) Plan actuary’s certification of plan the following information— § 4262.10(d)(2)(vi). status required under section 305(b)(3) (i) Interest rate required under (d) Plans with a suspension of of ERISA completed for the 2018 plan § 4262.4(e)(1), including supporting benefits. If a plan previously suspended year and each subsequent annual details on how it was determined. benefits under sections 305(e)(9) or certification completed before the date (ii) Fair market value of plan assets 4245(a) of ERISA, its application must the plan’s application was filed, with determined as of the SFA measurement include a description of how the plan documentation supporting each date; a certification from the plan will reinstate the benefits that were certification, which must include the sponsor with respect to the accuracy of previously suspended and a proposed projections and information required in this amount, including information that schedule showing aggregate amount and the special financial assistance substantiates the asset value and any timing of payments (in accordance with instructions on PBGC’s website at projections to the SFA measurement § 4262.15) to participants and www.pbgc.gov. date (including details and supporting beneficiaries under the plan. The (9) Most recent statement for each of rationale); and a reconciliation of the proposed schedule should be prepared the plan’s cash and investment fair market value of plan assets from the assuming the effective date for accounts. date of the most recent plan financial
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statement to the SFA measurement date plan actuary in developing the cash § 4262.9 Application for a plan with a showing contributions, withdrawal flow projections included in the partition. liability payments, benefit payments, application. (a) In general. This section applies to administrative expenses, and (b) Information required for changed plans partitioned under section 4233 of investment income. assumptions. An application for a plan ERISA. A partitioned plan is in priority (iii) Special financial assistance that proposes to change any assumption group 2 for purposes of § 4262.10(d). determined as a lump sum as of the SFA used in the plan’s most recently (b) Filing requirements. A plan measurement date. sponsor of a partitioned plan filing an completed certification of plan status (iv) For each plan year in the SFA application for special financial before January 1, 2021, must include all coverage period: The projected amount assistance must— of the following information: of contributions, projected withdrawal (1) File one application for the liability payments, and other payments (1) A table identifying which original plan and successor plan. expected to be made to the plan. assumptions used in demonstrating the (2) Include in the application— (v) For each plan year in the SFA plan’s eligibility for special financial (i) A statement that the plan was coverage period: Benefit payments assistance or in calculating the amount partitioned under section 4233 of described in § 4262.4(b)(1) attributable of special financial assistance differ ERISA; to the reinstatement of benefits under from those assumptions used in the (ii) A copy of the plan document and § 4262.15 that were previously plan’s most recently completed other amendments required under suspended through the SFA certification of plan status before paragraph (c)(2) of this section; and measurement date and any benefits January 1, 2021, and detailed narrative (iii) The information required in restored under 26 CFR 1.432(e)(9)– explanations (with supporting rationale §§ 4262.6 through 4262.8. 1(e)(3). and information) as to why any (3) If a plan sponsor has already filed (vi) For each plan year in the SFA assumption used in the certification is with PBGC any of the required coverage period: Benefit payments no longer reasonable and why the information described in paragraph described in § 4262.4(b)(1) (excluding changed assumption is reasonable. (b)(2)(iii) of this section, the plan the payments in paragraph (a)(4)(v) of sponsor is not required to file that (2) Deterministic cash flow projection this section), separately for current information with its application for (‘‘Baseline’’) in accordance with the retirees and beneficiaries in pay status, special financial assistance. For any special financial assistance instructions terminated participants not yet in pay such information not filed with the on PBGC’s website at www.pbgc.gov that status, current active participants, and application, the plan sponsor must note shows the amount of special financial new entrants. on the checklist described under assistance that would be determined if (vii) For each plan year in the SFA § 4262.6(a) when the information was all underlying assumptions used in the coverage period: Administrative filed. expenses expected to be paid using plan projection were the same as those used (c) Rescission of partition order. assets, excluding the amount owed in the actuarial certification of plan Effective when special financial PBGC under section 4261 of ERISA. status last completed before January 1, assistance is paid under § 4262.12, and (viii) For each plan year in the SFA 2021 (excluding the plan’s interest rate, in a manner consistent with the coverage period: The projected which must be the same as the interest application procedure determined investment income based on the interest rate required under § 4262.4(e)(1)). For under paragraph (b) of this section— rate required under § 4262.4(e)(1) and purposes of this paragraph (b)(2), certain (1) PBGC will rescind the partition the projected fair market value of plan changes in assumptions as described in order; and assets at the end of each plan year. the special financial assistance (2) The plan sponsor must amend the (ix) The present value as of the SFA instructions on PBGC’s website at plan to remove any provisions or measurement date of each of the items www.pbgc.gov should be reflected in the amendments that were required to be provided under paragraph (a)(4)(iv) Baseline projection. adopted under the partition order. through (viii) of this section. (3) In accordance with the special § 4262.10 Processing applications. (5) Projected contributions and financial assistance instructions on withdrawal liability payments used to PBGC’s website at www.pbgc.gov, a (a) In general. Any application for calculate the requested special financial reconciliation of the change in the special financial assistance for an assistance amount in § 4262.4, including requested special financial assistance eligible multiemployer plan must be total contributions, contribution base due to each changed assumption from filed by the plan sponsor in accordance units, average contribution rate(s), the Baseline to the requested special with the provisions of this part and the reciprocal contributions (if applicable), financial assistance amount in special financial assistance instructions additional contributions from the paragraph (a)(4)(iii) of this section, on PBGC’s website at www.pbgc.gov. (b) Method of filing. An application rehabilitation plan, and any other showing, for each assumption change filed with PBGC under this part must be contributions, and number of active from the Baseline, a deterministic made electronically in accordance with participants at the beginning of each projection calculated in the same the rules in subpart A of part 4000 of plan year. For withdrawal liability, manner as the requested amount in this chapter. The time period for filing separate projections for withdrawn § 4262.4. employers and for future assumed an application under this part must be withdrawals. (c) Information required for certain computed under the rules in subpart D (6) A description of the development events. An application for a plan with of part 4000 of this chapter. of the assumed future contributions and respect to which an event described in (c) Where to file. (1) An application future withdrawal liability payments in § 4262.4(f) occurs on or after July 9, filed with PBGC under this part must be paragraph (a)(5) of this section. 2021, must include the applicable filed as described in § 4000.4 of this (7) For a plan that has 350,000 or information related to the event chapter. more participants reported on line 6f of specified in special financial assistance (2) Section 432(k)(1)(D) of the Code its most recently filed Form 5500, the instructions on PBGC’s website at requires an application in a priority participant census data utilized by the www.pbgc.gov. category under paragraph (d)(2) of this
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section to be submitted to the Secretary earlier date specified on PBGC’s website filed in accordance with the processing of the Treasury. If the requirement in at www.pbgc.gov. system and instructions on PBGC’s the preceding sentence applies to an (iii) Priority group 3. A plan is in website at www.pbgc.gov. application, PBGC will transmit the priority group 3 if the plan was in (f) Emergency filing. Beginning when application to the Department of the critical and declining status (as defined PBGC accepts applications in priority Treasury on behalf of the plan. in section 305(b)(6) of ERISA) and had group 2 described in paragraph (d)(2)(ii) (d) When to file. Any initial 350,000 or more participants. A plan in of this section, and notwithstanding the application for special financial priority group 3 may file an application processing system described in assistance must be filed by December beginning on April 1, 2022, or such paragraph (d)(1) of this section, an 31, 2025, and any revised application earlier date specified on PBGC’s website application may be accepted for filing must be filed by December 31, 2026. at www.pbgc.gov. if— Any application other than a plan’s (iv) Priority group 4. A plan is in (1) It is an application for a plan that initial application is a revised priority group 4 if the plan is projected either— application regardless of whether it to become insolvent under section 4245 (i) Is insolvent or expected to be differs from the initial application. of ERISA by March 11, 2023. A plan in insolvent under section 4245 of ERISA (1) Processing system. To priority group 4 may file an application within 1 year of the date the plan’s accommodate expeditious processing of beginning on July 1, 2022, or such application was filed; or many special financial assistance earlier date specified on PBGC’s website (ii) Has suspended benefits under applications in a limited time period: at www.pbgc.gov. section 305(e)(9) of ERISA as of March (v) Priority group 5. A plan is in (i) The number of applications 11, 2021; and priority group 5 if the plan is projected accepted for filing will be limited in (2) The filer notifies PBGC before to become insolvent under section 4245 such manner that, in PBGC’s estimation, submitting the application that the of ERISA by March 11, 2026. The date each application can be processed application qualifies as an emergency a plan in priority group 5 may file an within 120 days. filing under this paragraph (f) in application will be specified on PBGC’s accordance with instructions on PBGC’s (ii) Plans specified in paragraph (d)(2) website at www.pbgc.gov at least 21 of this section will be given priority to website at www.pbgc.gov. days in advance of such date, and such (g) Informal consultation. Nothing in file an application before plans not date will be no later than February 11, specified in paragraph (d)(2) of this this section prohibits a plan sponsor 2023. from contacting PBGC informally to section. (vi) Priority group 6. A plan is in (iii) Notices on PBGC’s website at discuss a potential application for priority group 6 if the plan is projected special financial assistance. www.pbgc.gov will apprise potential by PBGC to have a present value of filers of the current priority group(s) for financial assistance payments under § 4262.11 PBGC action on applications. which applications are being accepted section 4261 of ERISA that exceeds (a) In general. Within 120 days after and whether PBGC is accepting $1,000,000,000 if special financial the date an initial or revised application applications for filing as well as other assistance is not ordered. PBGC will list for special financial assistance is information about priority groups and the plans in priority group 6 on its properly and timely filed, PBGC will— filing. website at www.pbgc.gov. The date a (1) Approve the application and (2) Priority groups. Until not later plan in priority group 6 may file an notify the plan sponsor of the payment than March 11, 2023, the plan sponsor application will be specified on PBGC’s of special financial assistance in of an eligible multiemployer plan will website at www.pbgc.gov at least 21 accordance with § 4262.12; or be given priority to file an application days in advance of such date, and such (2) Deny the application because— if the plan is in one of the priority date will be no later than February 11, (i) The application is incomplete, and groups in paragraphs (d)(2)(i) through 2023. notify the plan sponsor of the missing (vii) of this section, listed in order of (vii) Additional priority groups. PBGC information; or higher priority group to lower priority may add additional priority groups (ii) An assumption is unreasonable, a group. When applications for plans in a based on other circumstances similar to proposed change in assumption is priority group are accepted for filing, those described for the groups listed in individually unreasonable, or the PBGC will continue to accept paragraphs (d)(2)(i) through (vi) of this proposed changed assumptions are applications for plans in a higher section. If added, additional priority unreasonable in the aggregate, and priority group, subject to paragraph groups and the date PBGC will begin notify the plan sponsor of the reasons (d)(1) of this section. accepting applications for such for the determination; or (i) Priority group 1. A plan is in additional priority groups will be posted (iii) The plan is not an eligible priority group 1 if the plan is insolvent in guidance on PBGC’s website at multiemployer plan, and notify the plan or is projected to become insolvent www.pbgc.gov. sponsor of the reasons the plan fails to under section 4245 of ERISA by March (e) Filing date. An application will be be eligible for special financial 11, 2022. A plan in priority group 1 may considered filed on the date it is assistance; or file an application beginning on July 9, submitted to PBGC if it meets the (3) Fail to act on the application, in 2021. applicable requirements in paragraph which case the application is deemed (ii) Priority group 2. A plan is in (d) of this section and can be approved, and notify the plan sponsor priority group 2 if the plan has accommodated in accordance with the of the payment of special financial implemented a suspension of benefits processing system described in assistance in accordance with § 4262.12. under section 305(e)(9) of ERISA as of paragraph (d)(1) of this section or the (b) Incomplete application. PBGC will March 11, 2021; or the plan is expected emergency filing process described in consider an application incomplete to be insolvent under section 4245 of paragraph (f) of this section. Otherwise, under paragraph (a)(2)(i) of this section ERISA within 1 year of the date the the application will not be considered unless the application accurately plan’s application was filed. A plan in filed and PBGC will notify the applicant includes the information required to be priority group 2 may file an application that the application was not properly filed under this part and the special beginning on January 1, 2022, or such filed and that the application must be financial assistance instructions on
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PBGC’s website at www.pbgc.gov, (ii) Interest on the amount in correct a clerical or arithmetic error. including all additional information that paragraph (a)(1)(i) of this section from PBGC will, and plans must, make PBGC requires under § 4262.6(d). the SFA measurement date to the date payments as needed to reflect any such (c) Application base data. (1) A plan’s PBGC sends payment (not the bank recalculation or adjustment in a timely base data are— settlement date) at a rate equal to the manner. (i) The plan’s SFA measurement date interest rate required under (2) If PBGC determines that a payment as required to be reported in the plan’s § 4262.4(e)(1); plus for special financial assistance to a plan initial application for special financial (iii) The amount owed to PBGC under exceeded the amount to which the plan assistance; section 4261 of ERISA determined as of was entitled, any excess payment (ii) The plan’s participant census data the date PBGC sends payment of special constitutes a debt to the Federal used in the plan’s initial application for financial assistance; minus Government. If not paid within 90 special financial assistance; and (iv) Financial assistance payments calendar days after demand, PBGC may (iii) The plan’s interest rate required under section 4261 of ERISA received reduce the debt by any action permitted under § 4262.4(e)(1). by the plan between the SFA by Federal statute. Except where (2) A plan’s base data are fixed by the measurement date and the date PBGC otherwise provided by statutes or filing of the plan’s initial application sends payment of special financial regulations, PBGC will charge interest and must be reported on any revised assistance, with interest on each such and other amounts permitted on an application for the plan. financial assistance payment from the overdue debt in accordance with the (d) Withdrawn applications. (1) A date thereof to the date PBGC sends Federal Claims Collection Standards (31 plan’s application for special financial payment as described in paragraph CFR parts 900 through 999). The date assistance may be withdrawn at any (a)(1)(ii) of this section calculated at a from which interest is computed is not time before or after PBGC denies the rate equal to the interest rate required extended by litigation or the filing of application but not after PBGC has under § 4262.4(e)(1). any form of appeal. approved the application. (2) The plan must include in its (2) Any withdrawal of a plan’s application payment instructions in § 4262.13 Restrictions on special financial application must be by written notice to accordance with the special financial assistance. PBGC submitted by any person instructions on PBGC’s website at (a) In general. A plan that receives authorized to submit an application for www.pbgc.gov. Payment will be special financial assistance must be the plan and in accordance with the considered made by PBGC when, in administered in accordance with the special financial assistance instructions accordance with the payment restrictions in this section and in on PBGC’s website at www.pbgc.gov. instructions in the application, PBGC no § 4262.14. (3) An application submitted for a longer has ownership of the amount (b) Restrictions. Special financial plan after the withdrawal of an being paid. Any adjustment for delay assistance received, and any earnings application is a revised application and will be borne by PBGC only to the thereon— must comply with the requirements in extent that it arises while PBGC has (1) May be used by the plan only to this part for an initial application except ownership of the funds. make benefit payments and pay that it must use the base data required (b) Repayment of traditional financial administrative expenses; in paragraph (c) of this section for the assistance. If a plan has an obligation to (2) Must be segregated from other plan initial application. repay financial assistance under section assets; (e) Denied applications. If PBGC 4261 of ERISA, PBGC will— (3) May be used before other plan denies a plan’s application, and the (1) Issue a written demand for assets are used to make benefit denied application is not withdrawn, repayment of financial assistance when payments and pay administrative any revised application must not differ the application is approved; and expenses; and from the denied application except to (2) Deduct the amount of financial (4) Must be invested in investment- the extent necessary to address the assistance, including interest, that the grade bonds or other investments as reasons cited by PBGC for the denial. plan owes PBGC from the special permitted by PBGC in § 4262.14. (f) Revised applications. A plan’s financial assistance before payment to the plan. § 4262.14 Permissible investments of revised application is processed in the special financial assistance. same way as an initial application. (c) Date of payment of special (g) Final agency action. PBGC’s financial assistance. Special financial (a) In general. A plan that receives decision on an application for special assistance issued by PBGC will be paid special financial assistance may invest financial assistance under this section is as soon as practicable upon approval of amounts attributable to such assistance a final agency action under § 4003.22(b) the plan’s special financial assistance monies only in fixed income securities of this chapter for purposes of judicial application but not later than the earlier denominated in U.S. dollars and in review under the Administrative of— accordance with this section. For Procedure Act (5 U.S.C. 701 et seq.). (1) Ninety days after a plan’s special purposes of this section, such securities financial assistance application is are referred to as permissible § 4262.12 Payment of special financial approved by PBGC or deemed approved; investments. assistance. or (b) Other definitions. For purposes of (a) Amount of special financial (2) September 30, 2030. this section— assistance. (1) The amount of special (d) Manner of payment. The payment (1) Adequate capacity to meet financial assistance to be paid to or for of special financial assistance to a plan financial commitments means that the a plan by PBGC will be the total of— will be made by PBGC in a lump sum risk of default by the obligor is low and (i) The amount required as or substantially so and is not a loan the full and timely repayment of demonstrated by the plan sponsor on subject to repayment obligations. principal and interest on the security is the application for such special Notwithstanding the foregoing, the expected. financial assistance, determined under following payment obligations apply: (2) Permissible fund vehicles mean § 4262.4 as of the SFA measurement (1) Special financial assistance is exchange traded funds, mutual funds, date; plus subject to recalculation or adjustment to pooled trusts, or other commingled
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securities whose investible assets are (1) Reinstate any benefits that were (ii) Those increased contributions invested solely in fixed income suspended for participants and were not included in the determination securities denominated in U.S. dollars, beneficiaries effective as of the first of the special financial assistance. with an average credit quality, weighted month in which the special financial (c) Allocation of plan assets. During by market value, that meets the assistance is paid to the plan; and the SFA coverage period, plan assets, definition of investment grade. (2) Make payments equal to the including special financial assistance, (3) Investment grade means publicly amounts of benefits previously must be invested in permissible traded securities for which the issuer suspended to any participants or investments as described in § 4262.14 has at least adequate capacity to meet beneficiaries who are in pay status as of sufficient to pay for at least 1 year (or the financial commitments under the the date that the special financial until the date the plan is projected to security for the projected life of the asset assistance is paid. become insolvent, if earlier) of projected or exposure. (b) A plan must make the payments in benefit payments and administrative (4) Leverage means the right to a paragraph (a)(2) of this section either in: expenses. return on a capital base that exceeds the (1) A single lump sum no later than (d) Contribution decreases. (1) During investment which was contributed to 3 months after the date that the special the SFA coverage period, the the entity or instrument achieving a financial assistance is paid to the plan; contributions to a plan that receives special financial assistance required for return. or each contribution base unit must not be (c) Holdings. A plan must hold (2) Equal monthly installments over a less than, and the definition of the permissible investments in either— period of 5 years, with the first contribution base units used must not (1) Individual bonds, securities, or installment paid no later than 3 months be different from, those set forth in other debt securities; or after the date that the special financial (2) Permissible fund vehicles. collective bargaining agreements or plan assistance is paid to the plan, with no (d) Quality of permissible documents (including contribution installment payment adjusted for investments. Permissible investments increases to the end of the collective interest. must be considered investment grade by bargaining agreements) in effect on a fiduciary, within the meaning of (c) The plan sponsor of a plan with March 11, 2021, unless the plan sponsor section 3(21) of ERISA, who is or seeks benefits that were suspended under determines that the change lessens the the advice of an experienced investor sections 305(e)(9) or 4245(a) of ERISA risk of loss to plan participants and (such as an Investment Advisor must issue a notice of reinstatement to beneficiaries and, if the contribution registered under section 203 of the participants and beneficiaries whose reduction affects annual contributions Investment Advisor’s Act of 1940), benefits were previously suspended and over $10 million and over 10 percent of except that up to 5 percent of the then reinstated in accordance with all employer contributions, PBGC also aggregate market value of a plan’s assets section 4262(k) of ERISA. The determines that the change lessens the attributable to special financial requirements for the notice are in notice risk of loss to plan participants and assistance may be invested in securities of reinstatement instructions available beneficiaries. or permissible fund vehicles that were on PBGC’s website at www.pbgc.gov. (2) A request for PBGC approval of a investment grade at the time of purchase § 4262.16 Conditions for special financial proposed contribution change that but are no longer investment grade. assistance. affects annual contributions over $10 (e) Leverage and derivative limitations (a) In general. A plan that receives million and over 10 percent of all on permissible fund vehicles or portfolio special financial assistance must be employer contributions must be of individual securities held by the plan. administered in accordance with the submitted by the plan sponsor or its (1) Permissible investments, whether conditions in this section. duly authorized representative and must held through permissible fund vehicles contain all of the following information: (b) Benefit increases. This paragraph or directly through a portfolio of (i) Name, address, email, and (b) applies to benefits and benefit individual securities may not be telephone number of the plan sponsor increases described in section supplemented by derivatives or and the plan sponsor’s authorized 4022A(b)(1) of ERISA without regard to otherwise leveraged in a way that could representatives, if any. the time the benefit or benefit increase increase the interest rate risk or credit (ii) The nine-digit employer has been in effect. This paragraph (b) risk in the fund vehicle or portfolio identification number (EIN) assigned to does not apply to the reinstatement of beyond the risk in a portfolio of the plan sponsor by the IRS and the benefits that were suspended under physical securities, meeting the three-digit plan identification number sections 305(e)(9) or 4245(a) of ERISA definition of permissible investments in (PN) assigned to the plan by the plan (as provided under § 4262.15) or a paragraph (a) of this section, equal to sponsor, and, if different, the EIN and restoration of benefits under 26 CFR the market value of the portfolio; and PN last filed with PBGC. If an EIN or PN 1.432(e)(9)–1(e)(3). (2) Any notional derivative exposure, has not been assigned, that should be other than exposure gained through a (1) Retrospective. A benefit or benefit indicated. permissible fund vehicle, must be increase must not be adopted during the (iii) Name, address, email, and supported by liquid assets that are cash SFA coverage period if it is in whole or telephone number of the contributing or cash equivalents denominated in U.S. in part attributable to service accrued or employer for which the proposed dollars. other events occurring before the contribution change is being submitted, adoption date of the amendment. and the employer’s authorized § 4262.15 Reinstatement of benefits (2) Prospective. A benefit or benefit representatives, if any. previously suspended. increase must not be adopted during the (iv) Names and addresses of each (a) In accordance with guidance SFA coverage period unless— controlled group member, along with a issued by the Secretary of the Treasury (i) The plan actuary certifies that chart depicting the structure of the under section 432(k) of the Code, a plan employer contribution increases controlled group by entity and its with benefits that were suspended projected to be sufficient to pay for the ownership with ownership percentage. under sections 305(e)(9) or 4245(a) of benefit increase have been adopted or (v) Audited financial statements ERISA must: agreed to; and (income statement, balance sheet, cash
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flow statement, and notes) for the to address financial distress, including overall interests of the participants and contributing employer and the cost cutting measures, employee count beneficiaries of any of the plans consolidated group including the or compensation reductions, creditor involved in the transaction. contributing employer, if available, for concessions obtained, and any other (2) A request for approval of a the most recent 4 years, or, if audited restructuring efforts undertaken; also, proposed transfer of assets or liabilities financial statements were not prepared, indicate whether any new profit-sharing (including a spinoff) or merger must be unaudited financial statements, a or other retirement plan has been or will submitted by the plan sponsor or its statement explaining why audited be established or if benefits under such duly authorized representative and must statements are not available, and tax existing plan will be increased. contain the information that must be returns with all schedules for the most (e) Allocating contributions and other submitted with a notice of merger or recent 4 years available. The financial practices. During the SFA coverage transfer and a request for a compliance statement submissions must: period, a decrease in the proportion of determination under subpart A of part (A) Identify the cash contributions to income or an increase in the proportion 4231 of this chapter and all of the the multiemployer plan for which the of expenses allocated to a plan that following actuarial and financial contributing employer is seeking receives special financial assistance information for each of the plans contribution relief; pursuant to a written or oral agreement involved in the transaction: (B) Identify all outstanding or practice (other than a written (i) A certification by the enrolled indebtedness, including the name of the agreement in existence on March 11, actuary that the plan or any of its lender, the amount of the outstanding 2021, to the extent not subsequently component parts received special loan, scheduled repayments interest amended or modified) under which the financial assistance and the most recent rate, collateral, significant covenants, income or expenses are divided or to be value of special financial assistance and whether the loan is in default; divided between a plan that receives assets. (C) Identify and explain any material special financial assistance and one or (ii) A copy of the actuarial valuation changes in financial position since the more other employee benefit plans is performed for each of the 2 plan years date of the last financial statement; prohibited. The prohibition in the before the most recent actuarial (D) To the extent that the contributing preceding sentence does not apply to a valuation filed in accordance with employer has undergone or is in the good faith allocation of: § 4231.9(f) of this chapter. process of undergoing a partial (1) Contributions pursuant to a (iii) A copy of the plan actuary’s most liquidation, estimate the sales, gross reciprocity agreement; recent certification under section profit, and operating profit that would (2) Costs of securing shared space, 305(b)(3) of ERISA, including a detailed have been reported for each of the 3 goods, or services, where such description of the assumptions used in years covered by the financial statement allocation does not constitute a the certification, and the basis under for only that portion of the business that prohibited transaction under ERISA or which they were determined. The is currently expected to continue; and is exempt from such prohibited description must include information (E) State the estimated liquidation transaction provisions pursuant to about the assumptions used for the values for any assets related to section 408(b)(2) or 408(c)(2) of ERISA, projection of future contributions, discontinued operations or operations or pursuant to a specific prohibited withdrawal liability payments, and that are not expected to continue, along transaction exemption issued by the investment returns, and any other with the sources for the estimates. Department of Labor under section assumption that may have a material (vi) Projected financial statements 408(a) of ERISA; effect on projections. (income statement, balance sheet, cash (3) The actual cost of services (iv) A detailed statement certified by flow statement) for the current year and provided to the plan by an unrelated an enrolled actuary that the transaction the following 4 years as well as the key third party; or does not unreasonably increase PBGC’s assumptions underlying those (4) Contributions where the risk of loss with respect to any plan projections and a justification for the contributions to a plan that receives involved in the transaction. The reasonableness for each of those key special financial assistance required for statement must include the basis for the assumptions. The projections must each base unit are not reduced, except conclusion, supporting data, include: as otherwise permitted by paragraph (d) calculations, assumptions, a description (A) All business or operating plans of this section. of the methodology, the basis for prepared by or for management, (f) Transfer or merger. During the SFA assumptions used, the projected date of including all explanatory text and coverage period, a plan must not engage insolvency, and the present value of schedules; in a transfer of assets or liabilities financial assistance expected to be paid (B) All financial submissions, if any, (including a spinoff) or merger except to the plan by PBGC under section 4261 made within the prior 3 years to a with PBGC’s approval. Notwithstanding of ERISA as of the date of the financial institution, government anything to the contrary in 29 CFR part transaction individually for each of the agency, or investment banker in support 4231, the plans involved in the plans before and after the transaction. of possible outside financing or sale of transaction must request approval from The present value of financial assistance the business; PBGC. must be based on the guaranteed (C) All recent financial analyses done (1) PBGC will approve a proposed benefits and administrative expenses by an outside party with a certification transfer of assets or liabilities (including presented in the cash flow projections by the employer’s chief executive officer a spinoff) or merger if PBGC determines under paragraph (f)(2)(v) of this section, that the information on which each that the transaction complies with discounted using interest rates analysis is based is accurate and section 4231(a)–(d) of ERISA and that published under section 4044 of ERISA. complete; and the transaction, or the larger transaction (v) The statement in paragraph (D) Any other relevant information. of which the transfer or merger is a part, (f)(2)(iv) of this section must include an (vii) Description of events leading to does not unreasonably increase PBGC’s exhibit showing the annual cash flow the current financial distress. risk of loss with respect to any plan projections for each plan before and (viii) Description of financial and involved in the transaction, and is not after the transaction, through the year operational restructuring actions taken reasonably expected to be adverse to the that each plan pays its last dollar of
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benefit (but not to exceed 100 years). (i) Implementation of the settlement is and conditions of the special financial The cash flow projection should use an in the best interests of participants and assistance under this part and section open group valuation until the plan beneficiaries; and 4262 of ERISA. The statement must be— reaches insolvency. Annual cash flow (ii) The settlement does not create an (1) Filed no later than 90 days after projections must reflect the following unreasonable risk of loss to PBGC. the end of the plan year; and information: (3) A request for approval of a (2) Signed and dated by a trustee who (A) Fair market value of assets as of proposed settlement of withdrawal is a current member of the board of the beginning of the year, splitting the liability must be submitted by the plan trustees and authorized to sign on behalf assets by special financial assistance sponsor or its duly authorized of the board of trustees, or by another and non-special financial assistance representative and must contain all of authorized representative of the plan amounts. the following information: sponsor. (B) Contributions and withdrawal (i) Name, address, email, and (j) Audit. As authorized under section liability payments. telephone number of the plan sponsor 4003 of ERISA, PBGC may conduct (C) Plan level benefit payments and the plan sponsor’s authorized periodic audits of a plan that has organized by participant type (e.g., representatives, if any. received special financial assistance to active, retiree, terminated vested) for the (ii) The nine-digit employer review compliance with the terms and projection period. identification number (EIN) assigned to conditions of the special financial assistance under this part and section (D) Guaranteed benefits payable post the plan sponsor by the IRS and the 4262 of ERISA. insolvency by participant type (e.g., three-digit plan number (PN) assigned to the plan by the plan sponsor, and, if (k) Filing rules. The filing rules in this active, retiree, terminated vested). paragraph (k) apply to a request for (E) Administrative expenses for the different, the EIN and PN last filed with PBGC. If an EIN or PN has not been PBGC approval under paragraph (d), (f), projection period. or (h) of this section and a statement of (F) Assumed investment return assigned, that should be indicated. (iii) A copy of the proposed compliance under paragraph (i) of this separately for special financial section. assistance and non-special financial settlement agreement. (iv) A description of the facts leading (1) Method of filing. A filing described assistance amounts. up to the proposed settlement, under paragraph (d), (f), (h), or (i) of this (G) Fair market value of assets as of including— section must be made electronically in the end of the year. (A) The date the employer withdrew accordance with the rules in subpart A (vi) Any additional information PBGC from the plan; of part 4000 of this chapter. The time determines it needs to review a request (B) The calculation of the withdrawal period for filing a request or statement for approval of a proposed transfer of liability amount, including payment of compliance must be computed under assets or liabilities (including a spinoff) dates and amounts listed in the the rules in subpart D of part 4000 of or merger. schedule for liability payments this chapter. (g) Withdrawal liability interest provided to the withdrawn employer in (2) Where to file. A filing described assumptions. A plan must use the accordance with section 4291(b)(1)(A) of under paragraph (d), (f), (h), or (i) of this interest assumptions under § 4281.13(a) ERISA; section must be submitted as described of this chapter to determine withdrawal (C) The amount(s) and date(s) of in § 4000.4 of this chapter. liability for withdrawals after the plan withdrawal liability payments made; year in which the plan receives payment § 4262.17 Other provisions. and (a) Special financial assistance is not of special financial assistance under (D) How the proposed settlement capped by the guarantee under section § 4262.12 and until the later of— amount was determined (discount rate 4022A of ERISA. (1) Ten years after the end of the plan used, financial condition of the year in which the plan receives payment (b) A plan that receives special employer, and other factors, as financial assistance must continue to of special financial assistance under applicable). § 4262.12; or pay premiums due under section 4007 (v) Most recent 3 years of audited of ERISA for participants and (2) The last day of the plan year in financial statements and a 5-year cash which the plan no longer holds any beneficiaries in the plan. flow projection for the employer with (c) A plan that receives special special financial assistance or earnings which the plan proposes to settle. financial assistance is deemed to be in thereon in a segregated account as (vi) A copy of the most recent critical status within the meaning of required by § 4262.13(b)(2). actuarial valuation report of the plan. section 305(b)(2) of ERISA until the last (h) Withdrawal liability settlement. (1) (vii) A statement certifying the day of the last plan year ending in 2051. During the SFA coverage period, a plan trustees have determined that the (d) A plan that receives special must obtain PBGC approval for a proposed settlement is in the best financial assistance and subsequently proposed settlement of withdrawal interest of the plan and the plan’s becomes insolvent under section 4245 liability if the amount of the liability participants and beneficiaries. of ERISA will be subject to the rules and settled is greater than $50 million (viii) Any additional information guarantee for insolvent plans in effect calculated as the lesser of— PBGC determines it needs to review a when the plan becomes insolvent. (i) The allocation of unfunded vested request for approval of a proposed (e) A plan that receives special benefits to the employer under section withdrawal liability settlement. financial assistance is not eligible to 4211 of ERISA; or (i) Reporting. In accordance with the apply for a suspension of benefits under (ii) The present value of withdrawal statement of compliance instructions on section 305(e)(9) of ERISA. liability payments assessed for the PBGC’s website at www.pbgc.gov, a plan (f) A plan that receives special employer discounted using the interest sponsor must file with PBGC each plan financial assistance and meets the assumptions under § 4281.13(a) of this year, beginning with the plan year after eligibility requirements for partition of chapter. the payment of special financial the plan under section 4233(b) of ERISA (2) PBGC will approve a proposed assistance and through the last day of may apply for partition. settlement of withdrawal liability if it the last plan year ending in 2051, a (g) If any provision in this part is held determines— statement of compliance with the terms to be invalid or unenforceable by its
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terms, or as applied to any person or will be one of utter invalidity or Issued in Washington, DC. circumstance, or stayed pending further unenforceability, in which event the Gordon Hartogensis, agency action, the provision will be provision will be severable from this Director, Pension Benefit Guaranty construed so as to continue to give the part and will not affect the remainder Corporation. maximum effect to the provision thereof. [FR Doc. 2021–14696 Filed 7–9–21; 11:15 am] permitted by law, unless such holding BILLING CODE 7709–02–P
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Reader Aids Federal Register Vol. 86, No. 130 Monday, July 12, 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. 16 CFR Presidential Documents 3 CFR Proposed Rules: Executive orders and proclamations 741–6000 Proclamations: Ch. I ...... 35239 The United States Government Manual 741–6000 10231...... 35385 Other Services Administrative Orders: 19 CFR Memorandums: 10...... 35566 Electronic and on-line services (voice) 741–6020 Memorandum of June 102...... 35566 Privacy Act Compilation 741–6050 29, 2021 ...... 35383 132...... 35566 Notices: 134...... 35566 Notice of July 7, ELECTRONIC RESEARCH 163...... 35566 2021 ...... 36479, 36481 182...... 35566 World Wide Web 7 CFR 190...... 35566 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 1710...... 36193 102...... 35422 is located at: www.govinfo.gov. 1714...... 36193 177...... 35422 Federal Register information and research tools, including Public 1717...... 36193 Inspection List and electronic text are located at: 1718...... 36193 20 CFR www.federalregister.gov. 1721...... 36193 1726...... 36193 200...... 35221 E-mail 1730...... 36193 295...... 34942 FEDREGTOC (Daily Federal Register Table of Contents Electronic 1767...... 36193 21 CFR Mailing List) is an open e-mail service that provides subscribers Proposed Rules: 1141...... 36509 with a digital form of the Federal Register Table of Contents. The 986...... 35409 digital form of the Federal Register Table of Contents includes 24 CFR HTML and PDF links to the full text of each document. 8 CFR Proposed Rules: 11...... 35391 To join or leave, go to https://public.govdelivery.com/accounts/ 92...... 34943 USGPOOFR/subscriber/new, enter your email address, then 214...... 35410 follow the instructions to join, leave, or manage your 248...... 35410 25 CFR 274a.12...... 35410 subscription. 48...... 34943 PENS (Public Law Electronic Notification Service) is an e-mail 10 CFR 27 CFR service that notifies subscribers of recently enacted laws. 52...... 34905 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 9...... 34952, 34955 and select Join or leave the list (or change settings); then follow 52...... 34999, 35023 70...... 34957 the instructions. 429...... 36018 29 CFR FEDREGTOC and PENS are mailing lists only. We cannot 430...... 35660, 35668 4000...... 36598 respond to specific inquiries. 431...... 36018 4262...... 36598 Reference questions. Send questions and comments about the 12 CFR Proposed Rules: Federal Register system to: [email protected] 702...... 34924 1910...... 36073 The Federal Register staff cannot interpret specific documents or 1022...... 35595 regulations. Ch. XII...... 36199 31 CFR 1...... 35396 FEDERAL REGISTER PAGES AND DATE, JULY 14 CFR Proposed Rules: 39 ...... 34933, 35217, 35387, 33...... 35156 34905–35216...... 1 35599, 35601, 36061, 36064, 520...... 35399 35217–35382...... 2 36202, 36205, 36207, 36483, 35383–35594...... 6 36485, 36487, 36491 32 CFR 35595–36060...... 7 61...... 36493 199...... 36213 36061–36192...... 8 71 ...... 34937, 35221, 36210, 33 CFR 36193–36482...... 9 36212 36483–36632...... 12 97...... 34938, 34941 100...... 35399, 35604 141...... 36493 117...... 35402 Proposed Rules: 165 ...... 34958, 34960, 34961, 39 ...... 35027, 35410, 35413, 34963, 34964, 35224, 35225, 35416, 35690, 35692, 35695, 35403, 36066, 36067, 36068, 35697, 36241, 36243, 36516 36070 71 ...... 35233, 35235, 35237, 210...... 35225 35419, 35420 214...... 35226 Proposed Rules: 15 CFR 100...... 35240 744...... 35389, 36496 165...... 35242
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34 CFR 35244, 35247 47 CFR 49 CFR 62...... 35044 686...... 36070 381...... 35633 81...... 35254 64...... 35632 Ch. II...... 36217, 36220, 36222, 73...... 34965, 35231 382...... 35633 36510 42 CFR Proposed Rules: 383...... 35633 384...... 35633 37 CFR 510...... 36229 2...... 35700 600...... 35615 15...... 35046, 35700 385...... 35633 1...... 35226, 35229 390...... 35633 Proposed Rules: 74...... 35046 2...... 35229 391...... 35633 409...... 35874 90...... 35700 Proposed Rules: 413...... 36322 95...... 35700 Proposed Rules: 1...... 35429 424...... 35874 385...... 35443 393...... 35449 39 CFR 484...... 35874 488...... 35874 48 CFR 111...... 35606 489...... 35874 204...... 36229 50 CFR Proposed Rules: 498...... 35874 212...... 36229 Ch. III ...... 36246 512...... 36322 17...... 34979 252...... 36229 300...... 35653 40 CFR 45 CFR 501...... 34966 660...... 36237 52 ...... 35404, 35608, 35610, 155...... 36071 552...... 34966 665...... 36239 36227 Proposed Rules: 570...... 34966 679...... 36514 62...... 35406 147...... 35156 Proposed Rules: Proposed Rules: Proposed Rules: 155...... 35156 615...... 35257 17...... 35708 52 ...... 35030, 35034, 35042, 156...... 35156 652...... 35257 648...... 36519
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