Federal Register

FEDERAL REGISTER

Vol. 86 Wednesday No. 85 May 5, 2021

Pages 23843–24296

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 86, No. 85

Wednesday, May 5, 2021

Agriculture Department Education Department See Food and Nutrition Service NOTICES See Forest Service Request for Nominations: National Advisory Committee on Institutional Quality Antitrust Division and Integrity; Students, 23949–23950 NOTICES Proposed Final Judgment and Competitive Impact Employment and Training Administration Statement: NOTICES United States v. Stone Canyon Industries Holdings, LLC, Change in Status of the Extended Benefit Program: et al., 23982–23998 Virgin Islands, 24025–24026 Trade Adjustment Assistance; Determinations, 24022– 24025, 24027–24028 Children and Families Administration Worker Adjustment Assistance; Investigations, 24026– NOTICES 24027 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Energy Department Grants to States for Access and Visitation, 23973–23974 See Federal Energy Regulatory Commission PROPOSED RULES Civil Rights Commission Energy Conservation Program: NOTICES Test Procedure for Commercial and Industrial Pumps, Meetings: 23875–23876 California Advisory Committee, 23920 Environmental Protection Agency Coast Guard NOTICES RULES Disclosure of Information Claimed as, or Determined by Safety Zone: EPA to be, Confidential Business Information in Commencement Bay, Tacoma, WA, 23865–23866 Renewable Fuel Standard Small Refinery Exemption Special Local Regulation: Petitions and All RFS Related Information in EPA’s Miami Beach Air and Sea Show, Atlantic Ocean, Miami Moderated Transaction System, 23963–23964 Beach, FL, 23865 Privacy Act; Systems of Records, 23958–23962 PROPOSED RULES Requests to Voluntarily Cancel Uses for Dicloran, 23962– Drawbridge Operations: 23963 Rainy River, Rainy Lake and their tributaries, Rainier, MN, 23880–23882 Export-Import Bank NOTICES Commerce Department Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23964–23965 See Economic Analysis Bureau See International Trade Administration See National Institute of Standards and Technology Federal Communications Commission See National Oceanic and Atmospheric Administration RULES NOTICES 10-Application Limit for NCE FM New Station Applications Order Denying Export Privileges: in Upcoming 2021 Filing Window, 23866–23868 Abel Hernandez, Jr., 23920–23921 Radio Broadcasting Services: Mehmet Hakan Atilla, 23922–23923 Various Locations, 23868–23869 Sergio Daniel Serrano-Lopez, 23921–23922 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23965–23966 Drug Enforcement Administration NOTICES Federal Energy Regulatory Commission Decision and Order: NOTICES Emmanuel A. Ayodele, M.D., 24020–24022 Agency Information Collection Activities; Proposals, Melanie Baker, N.P., 23998–24012 Submissions, and Approvals, 23953–23957 Michele L. Martinho, M.D., 24012–24020 Application: Allete, Inc., 23951–23952 Economic Analysis Bureau Eugene Water and Electric Board, 23957–23958 NOTICES Jordan Hydroelectric Limited Partnership, Virginia, Agency Information Collection Activities; Proposals, 23950–23951 Submissions, and Approvals: Combined Filings, 23952, 23954 Quarterly Survey of Transactions in Selected Services Initial Market-Based Rate Filings Including Requests for and Intellectual Property with Foreign Persons, Blanket Section 204 Authorizations: 23923–23925 Light Power and Gas LLC, 23958

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Federal Reserve System Oil and Gas, or Geothermal Resources: Transfers and NOTICES Assignments, 23980–23981 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23966–23973 Internal Revenue Service Change in Bank Control: RULES Acquisitions of Shares of a Bank or Bank Holding Tax on Excess Tax-Exempt Organization Executive Company, 23966 Compensation; Correction, 23865 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 23966 International Trade Administration NOTICES Fish and Wildlife Service Antidumping or Countervailing Duty Investigations, Orders, RULES or Reviews: Endangered and Threatened Wildlife and Plants: Certain Steel Nails from the People’s Republic of China, Three Salamander Species Not Warranted for Listing as 23932–23933 Endangered or Threatened Species, 23869–23872 Finished Carbon Steel Flanges from Spain, 23931–23932 PROPOSED RULES Initiation of Administrative Reviews, 23925–23931 Endangered and Threatened Species: Removing Five Species from San Clemente Island from International Trade Commission the Federal Lists of Endangered and Threatened NOTICES Wildlife and Plants, 23882–23913 Investigations; Determinations, Modifications, and Rulings, NOTICES etc.: Endangered and Threatened Species: Boltless Steel Shelving Units Prepackaged for Sale from Initiation of 5-Year Status Reviews of 23 Species in the China, 23981–23982 Southwest, 23976–23978 Updated Collision Risk Model Priors for Estimating Eagle Justice Department Fatalities at Wind Energy Facilities, 23978–23979 See Antitrust Division See Drug Enforcement Administration Food and Nutrition Service NOTICES Labor Department Agency Information Collection Activities; Proposals, See Employment and Training Administration Submissions, and Approvals: NOTICES Special Supplemental Nutrition Program for Women, Agency Information Collection Activities; Proposals, Infants, and Children Infant and Toddler Feeding Submissions, and Approvals: Practices Study–2 Year 9 Extension, 23914–23916 DOL-Only Performance Accountability, Information, and Reporting System, 24028–24029 Forest Service NOTICES Management and Budget Office Meetings: NOTICES Daniel Boone Resource Advisory Committee, 23917– Methods and Leading Practices for Advancing Equity and 23918 Support for Underserved Communities through Lynn Canal Icy-Strait Resource Advisory Committee, Government, 24029–24032 23917 Wenatchee-Okanogan Resource Advisory Committee, National Endowment for the Arts 23916–23917 NOTICES Newspapers Used for Publication of Legal Notices by the Agency Information Collection Activities; Proposals, Intermountain Region: Submissions, and Approvals: Utah, Idaho, Nevada, and Wyoming, 23919–23920 NEA Panelist Profile Data, 24032–24033 Newspapers Used for Publication of Legal Notices by the Rocky Mountain Region: National Foundation on the Arts and the Humanities Colorado, Kansas, Nebraska, and parts of South Dakota See National Endowment for the Arts and Wyoming, 23918–23919 National Institute of Standards and Technology Health and Human Services Department NOTICES See Children and Families Administration Meetings: See National Institutes of Health Information Security and Privacy Advisory Board, 23936– RULES 23937 Patient Protection and Affordable Care Act: Notice of Benefit and Payment Parameters for 2022 and Manufacturing Extension Partnership Advisory Board, Pharmacy Benefit Manager Standards, 24140–24295 23934 National Advanced Spectrum and Communications Test Homeland Security Department Network: LTE Impacts to Aeronautical Mobile See Coast Guard Telemetry and LTE Waveform Measuremen, 23934– 23935 Interior Department National Advanced Spectrum and Communications Test See Fish and Wildlife Service Network: Characterizing User Equipment Emissions, NOTICES 23933–23934 Agency Information Collection Activities; Proposals, National Construction Safety Team Advisory Committee, Submissions, and Approvals: 23935–23936 Helium Contracts, 23979–23980 Visiting Committee on Advanced Technology, 23935

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National Institutes of Health Securities and Exchange Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 24059 Submissions, and Approvals: Self-Regulatory Organizations; Proposed Rule Changes: Generic Clearance to Collect Stakeholder Feedback on the BOX Exchange, LLC, 24119–24124 Research Domain Criteria Initiative, National Cboe BYX Exchange, Inc., 24059–24066 Institute of Mental Health, 23974–23975 Cboe BZX Exchange, Inc., 24066, 24083–24090 Meetings: Cboe C2 Exchange, Inc., 24125–24132 National Institute of Biomedical Imaging and Cboe EDGA Exchange, Inc., 24076–24083 Bioengineering, 23974–23975 Cboe EDGX Exchange, Inc., 24044–24052 National Institute of Diabetes and Digestive and Kidney Cboe Exchange, Inc., 24052–24059 Diseases, 23975–23976 Miami International Securities Exchange, LLC, 24106– 24109 National Oceanic and Atmospheric Administration MIAX Emerald, LLC, 24072–24076, 24117–24119 RULES MIAX PEARL, LLC, 24114–24117 Fisheries Off West Coast States: Nasdaq PHLX, LLC, 24109–24114 Modifications of the West Coast Commercial and National Securities Clearing Corp., 24067–24072 Recreational Salmon Fisheries; Inseason Actions Nos. New York Stock Exchange, LLC, 24038–24041, 24101– 10 through 16, 23872–23874 24103 NOTICES NYSE American, LLC, 24036–24038, 24041–24044 Meetings: NYSE Arca, Inc., 24093–24096, 24098–24100 Council Coordination Committee, 23937 NYSE Chicago, Inc., 24096–24098, 24103–24106 Fisheries of the Gulf of Mexico and Atlantic; Southeast NYSE National, Inc., 24034–24036, 24090–24093 Data, Assessment, and Review, 23937–23938 Fisheries of the South Atlantic; Southeast Data, Small Business Administration Assessment, and Review, 23949 RULES Mid-Atlantic Fishery Management Council, 23938 HUBZone Program: Pacific Fishery Management Council, 23948–23949 Extending Map Freeze, 23863–23865 South Atlantic Fishery Management Council, 23947– NOTICES 23948 Disaster Declaration: Takes of Marine Mammals Incidental to Specified Hawai’i, 24132 Activities: Major Disaster Declaration: Ferry Berth Improvements in Tongass Narrows, AK, New Jersey, 24132 23938–23947 State Department Nuclear Regulatory Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 24033 Submissions, and Approvals: Law Enforcement Officers Safety Act Photographic Postal Regulatory Commission Identification Card Application, 24133 NOTICES Surface Transportation Board Transfer of Bound Print Matter Parcels, 24033–24034 NOTICES Postal Service Acquisition and Operation Exemption: NOTICES Bogalusa Bayou Railroad, LLC d/b/a Geaux Geaux Product Change: Railroad; Geaux Geaux Railroad, LLC, 24133–24134 Priority Mail Negotiated Service Agreement, 24034 Lease Exemption with Interchange Commitment: Stillwater Central Railroad, LLC; BNSF Railway Co., Presidential Documents 24134 PROCLAMATIONS Special Observances: Transportation Department Asian American and Native Hawaiian/Pacific Islander PROPOSED RULES Heritage Month (Proc. 10189), 23843–23844 Regulatory Review, 23876–23877 Jewish American Heritage Month (Proc. 10190), 23845– Treasury Department 23846 See Internal Revenue Service Law Day, U.S.A. (Proc. 10197), 23859–23860 See United States Mint Loyalty Day (Proc. 10198), 23861–23862 NOTICES National Building Safety Month (Proc. 10191), 23847– Reporting Requirements: 23848 Mandatory Survey of Foreign Ownership of U.S. National Foster Care Month (Proc. 10192), 23849–23850 Securities, 24134–24135 National Mental Health Awareness Month (Proc. 10193), 23851–23852 U.S.-China Economic and Security Review Commission National Physical Fitness and Sports Month (Proc. NOTICES 10194), 23853–23854 Hearing, 24135 National Teacher Appreciation Day and National Teacher Appreciation Week (Proc. 10195), 23855–23856 United States Mint Public Service Recognition Week (Proc. 10196), 23857– PROPOSED RULES 23858 Exchange of Coin, 23877–23880

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Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reader Aids Fiduciary Agreement, 24135–24136 Consult the Reader Aids section at the end of this issue for Requests for Nominations: phone numbers, online resources, finding aids, and notice Advisory Committee on Tribal and Indian Affairs, 24136– of recently enacted public laws. 24137 To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ Separate Parts In This Issue accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or Part II manage your subscription. Health and Human Services Department, 24140–24295

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 10189...... 23843 10190...... 23845 10191...... 23847 10192...... 23849 10193...... 23851 10194...... 23853 10195...... 23855 10196...... 23857 10197...... 23859 10198...... 23861 10 CFR Proposed Rules: 431...... 23875 13 CFR 126...... 23863 14 CFR Proposed Rules: Ch. I ...... 23876 Ch. II ...... 23876 Ch. III ...... 23876 23 CFR Proposed Rules: Ch. I ...... 23876 Ch. II ...... 23876 Ch. III ...... 23876 26 CFR 53...... 23865 31 CFR Proposed Rules: 100...... 23877 33 CFR 100...... 23865 165...... 23865 Proposed Rules: 117...... 23880 45 CFR 147...... 24140 150...... 24140 153...... 24140 155...... 24140 156...... 24140 158...... 24140 184...... 24140 46 CFR Proposed Rules: Ch. II ...... 23876 47 CFR 73 (2 documents) ...... 23866, 23868 48 CFR Proposed Rules: Ch. 12 ...... 23876 49 CFR Proposed Rules: Ch. I ...... 23876 Ch. II ...... 23876 Ch. III ...... 23876 Ch. V...... 23876 Ch. VI...... 23876 Ch. VII...... 23876 Ch. VIII...... 23876 Ch. X...... 23876 Ch. XI...... 23876 50 CFR 17...... 23869 660...... 23872 Proposed Rules: 17...... 23882

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Federal Register Presidential Documents Vol. 86, No. 85

Wednesday, May 5, 2021

Title 3— Proclamation 10189 of April 30, 2021

The President Asian American and Native Hawaiian/Pacific Islander Herit- age Month, 2021

By the President of the United States of America

A Proclamation This May, during Asian American and Native Hawaiian/Pacific Islander Heritage Month, we recognize the history and achievements of Asian Ameri- cans, Native Hawaiians, and Pacific Islanders (AANHPIs) across our Nation. In the midst of a difficult year of pain and fear, we reflect on the tradition of leadership, resilience, and courage shown by AANHPI communities, and recommit to the struggle for AANHPI equity. Asian Americans, and Native Hawaiians, and Pacific Islanders make our Nation more vibrant through diversity of cultures, languages, and religions. There is no single story of the AANHPI experience, but rather a diversity of contributions that enrich America’s culture and society and strengthen the United States’ role as a global leader. The American story as we know it would be impossible without the strength, contributions, and legacies of AANHPIs who have helped build and unite this country in each successive generation. From laying railroad tracks, tilling fields, and starting businesses, to caring for our loved ones and honorably serving our Nation in uniform, AANHPI communities are deeply rooted in the history of the United States. We also celebrate and honor the invaluable contributions the AANHPI communities have made to our Nation’s culture and the arts, law, science and technology, sports and public service—including the courageous AANHPIs who have served on the front lines of the COVID–19 pandemic as health care providers, first responders, teachers, and other essential workers. During this year’s Asian American and Native Hawaiian/Pacific Islander Heritage Month, our Nation celebrates the achievements of Vice President Harris, the first person of South Asian descent to hold the Office of the Vice President. Vice President Harris has blazed a trail and set an example for young people across the country to aspire to follow, including members of AANHPI communities and AANHPI women in particular. In spite of the strength shown and successes achieved, the American dream remains out of reach for far too many AANHPI families. AANHPI communities face systemic barriers to economic justice, health equity, educational attainment, and personal safety. These challenges are compounded by stark gaps in Federal data, which too often fails to reflect the diversity of AANHPI communities and the particular barriers that Native Hawaiian, Pacific Is- lander, Southeast Asian, and South Asian communities in the United States continue to face. My Administration also recognizes the heightened fear felt by many Asian American communities in the wake of increasing rates of anti-Asian harassment and violence during the COVID–19 pandemic, and the increasingly observable layers of hate now directed toward women and elders of Asian descent in particular. Our Nation continues to grieve the senseless killings of six women of Asian descent in Atlanta, and the unconscionable acts of violence victimizing our beloved Asian American seniors in cities across the country.

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Acts of anti-Asian bias are wrong, they are un-American, and they must stop. My Administration will continue to stand shoulder to shoulder with AANHPI communities in condemning, denouncing, and preventing these acts of violence. We will continue to look for opportunities to heal together and fight against the racism and xenophobia that still exists in this country. Present-day inequities faced by AANHPI communities are rooted in our Nation’s history of exclusion, discrimination, racism, and xenophobia against Asian Americans. Asian Americans, Native Hawaiians, and Pacific Islanders have endured a long history of injustice—including the Page Act of 1875, the Chinese Exclusion Act of 1882, the incarceration of Japanese American citizens during World War II, the murder of Vincent Chin, the mass shooting of Southeast Asian refugee children in 1989, and the targeting of South Asian Americans, especially those who are Muslim, Hindu, or Sikh, after the national tragedy of 9/11. It is long past time for Federal leadership to advance inclusion, belonging, and acceptance for all AANHPI communities. My Administration is committed to a whole-of-government effort to advance equity, root out racial injustices in our Federal institutions, and finally deliver the promise of America for all Americans. Vice President Harris and I affirm that Asian Americans, Native Hawaiians, and Pacific Islanders make our Nation stronger. I urge my fellow Americans to join us this month in celebrating AANHPI history, people, and cultures. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as Asian American and Native Hawaiian/Pacific Islander Heritage Month. I call upon the people of the United States to learn more about the history of Asian Americans, Native Hawaiians, and Pacific Islanders, and to observe this month with appropriate programs and activities. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.

[FR Doc. 2021–09570 Filed 5–4–21; 8:45 am] Billing code 3295–F1–P

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Proclamation 10190 of April 30, 2021

Jewish American Heritage Month, 2021

By the President of the United States of America

A Proclamation The Jewish American experience is a story of faith, fortitude, and progress. It is a quintessential American experience—one that is connected to key tenets of American identity, including our Nation’s commitment to freedom of religion and conscience. This month, we honor Jewish Americans—past and present—who have inextricably woven their experience and their accomplishments into the fabric of our national identity. Generations of Jewish people have come to this Nation fleeing oppression, discrimination, and persecution in search of a better life for themselves and their children. These Jewish Americans have created lives for themselves and their families and played indispensable roles in our Nation’s civic and community life, making invaluable contributions to our Nation through their leadership and achievements. And this year, we also recognize two historic firsts, as America saw the Vice President take the oath of office alongside her Jewish spouse, and a Jewish American became the first Majority Leader of the United States Senate and the highest-ranking Jewish American elected official in our Na- tion’s history. Alongside this narrative of achievement and opportunity, there is also a history—far older than the Nation itself—of racism, bigotry, and other forms of injustice. This includes the scourge of anti-Semitism. In recent years, Jewish Americans have increasingly been the target of white nationalism and the antisemitic violence it fuels. As our Nation strives to heal these wounds and overcome these challenges, let us acknowledge and celebrate the crucial contributions that Jewish Ameri- cans have made to our collective struggle for a more just and fair society; leading movements for social justice, working to ensure that the opportunities they have secured are extended to others, and heeding the words of the Torah, ‘‘Justice, justice shall you pursue.’’ A central concept in Judaism, ‘‘l’dor v’dor’’, or ‘‘from generation to generation,’’ recognizes both the continuity of the Jewish people and the intergenera- tional responsibility we have to heal the world for our children. During Jewish American Heritage Month, we honor Jewish Americans, who, inspired by Jewish values and American ideals, have engaged in the ongoing work of forming a more perfect union. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as Jewish American Heritage Month. I call upon all Americans to visit www.JewishHeritageMonth.gov to learn more about the heritage and contributions of Jewish Americans and to observe this month with appropriate programs, activities, and ceremonies.

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IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.

[FR Doc. 2021–09571 Filed 5–4–21; 8:45 am] Billing code 3295–F1–P

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Proclamation 10191 of April 30, 2021 National Building Safety Month, 2021

By the President of the United States of America

A Proclamation Throughout this past year, we have come to appreciate the contributions and complexity of our building and built environment. During the COVID– 19 pandemic, many people saw their homes become more than a place of dwelling, evolving into a comprehensive space for education, work, childcare, and entertainment. During National Building Safety Month, we recognize the importance of strengthening our buildings and infrastructure to serve the needs and ensure the safety of every American. We also honor the building safety professionals dedicated to creating safe, sustainable, and resilient communities. We also recognize that now is the time to repair and modernize our buildings and infrastructure, not only to meet the needs of today, but to address the challenges of tomorrow, especially the existential threat of climate change. The unrelenting impact of climate change affects every one of us, but too often the brunt falls disproportionately on vulnerable communities—especially low-income communities and people of color—who are facing new and worsening natural hazards like hurricanes, floods, extreme heat, and wildfires due to climate change. These communities are less likely to have the means to prepare for and recover from these hazards, which have increased in frequency, duration, and intensity. The buildings where we live and work provide an important line of defense against these growing hazards. Investing in our infrastructure and adopting and implementing modern building codes are the most effective mitigation measures communities can undertake. This is why I have issued several Executive Orders related to buildings and resiliency as part of a Government-wide approach to the climate emergency. My Administration has also put the climate crisis at the center of U.S. foreign and national security policy, and established the White House Office of Domestic Climate Policy and the National Climate Task Force. We are committed to creating climate-friendly and environmentally conscious communities that not only protect the people who live and work in them, but also will boost our economy in the long-term. In order for us to safeguard the health, safety, and economic future of our Nation’s people, we must also invest in our infrastructure more broadly. From upgrading homes in disadvantaged communities, to modernizing our Nation’s schools, to replacing lead water pipes, to securing affordable, high- speed broadband, the American Jobs Plan is an investment for all Americans. It will create millions of good jobs, rebuild our crumbling infrastructure, and promote access to opportunity for all. To support these efforts, my Administration is also calling for broad input and collaboration from all levels of government and our partners in the non-profit and private sectors. We must all share the responsibility for ensuring that our communities are safe and resilient against the growing threat of climate change. In America and around the globe, initiatives such as the Global Resiliency Dialogue aim to increase building and climate- based science into the solution. This important work is underway, but we recognize that there is much more to do.

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NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as National Building Safety Month. I encourage citizens, government agencies, businesses, nonprofits, and other interested groups to join in activities that raise awareness about building safety. I also call on all Americans to learn more about how they can contribute to building safety at home and in their communities. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.

[FR Doc. 2021–09572 Filed 5–4–21; 8:45 am] Billing code 3295–F1–P

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Proclamation 10192 of April 30, 2021

National Foster Care Month, 2021

By the President of the United States of America

A Proclamation Every child deserves to grow up in a supportive, loving home where they can thrive and prosper. During those unfortunate times when children cannot remain safely in their own homes, the individuals and families who open their hearts and homes to foster children provide a vital service to their communities. During this National Foster Care Month, we share our gratitude for those who support youth and families by being a resource to children in need and supporting birth parents so that they may safely reunite with their families whenever possible. We also recognize that it takes collaboration and community effort—from local organizations to Federal agencies—to support children, birth parents, and resource and kin families during challenging times. Young people in foster care have been particularly impacted by the COVID– 19 pandemic. They are navigating circumstances that are already tough, and those challenges are compounded by a public health crisis that made housing, employment and educational opportunities even harder to access. To support the immediate needs of youth in foster care, my Administration is implementing Federal programs authorized by the Supporting Foster Youth and Families through the Pandemic Act. This law provides additional flexibility and support for youth aging out of foster care, and allows them to access critical services to help them stay in school or participate in a job training program, pay the bills, and better make the difficult transition to adulthood. We have an expression in the Biden family, ‘‘If you have to ask for help, it’s too late.’’ As a Nation, we can proactively help children by advancing a holistic approach to child and family well-being across the country—before it’s too late. As we work to address immediate needs, we must be clear about long- standing challenges in child welfare and commit to advancing child and family well-being in every way we can. Our children, birth parents, and resource and kin families deserve nothing less. So this National Foster Care Month, we also recognize the histories of injustice in our Nation’s foster care system. Throughout our history and persisting today, too many communities of color, especially Black and Native American communities, have been treated unequally and often unfairly by the child welfare system. Black and Native American children are far more likely than white children to be removed from their homes, even when the circumstances surrounding the removal are similar. Once removed, Black and Native American children stay in care longer and are less likely to either reunite with their birth parents or be adopted. Too many children are removed from loving homes because poverty is often conflated with neglect, and the enduring effects of systemic racism and economic barriers mean that families of color are disproportionately affected by this as well. Children with disabilities are over-represented among youth in care and may be inappropriately placed in group settings instead of provided the individualized support they need. Children in foster care—particularly youth of color and LGBTQ+ children who are already subject to disproportionate rates of school discipline and criminalization—are also at an increased risk of becoming involved in the

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juvenile justice system. And for LGBTQ+ foster youth, foster care systems are not always equipped to safely meet their needs. My Administration is committed to addressing these entrenched problems in our Nation’s child welfare system, advancing equity and racial justice for every child and family who is touched by the foster care and child welfare system, and focusing on policies that improve child and family well-being. This is why my Administration’s discretionary funding request for 2022 includes $100 million in competitive grants for State and local child welfare systems to advance racial equity and prevent unnecessary child removals. National Foster Care Month is an opportunity for us to celebrate the resource and kin families who are supporting children by opening their homes and sharing their love. Crucially, it is also an opportunity to celebrate foster youth and all of their accomplishments, and to celebrate and encourage the many biological parents who are working hard to safely reunite with their children. And it provides an opportunity for us to fulfill our responsibility as a Nation to take care of each other and provide our vulnerable youth and families with the support they need. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as National Foster Care Month. I call upon all Americans to observe this month by reaching out in their neighborhoods and communities to the children and youth in foster care and their families, those at risk of entering foster care, and resource and kin families and other caregivers. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.

[FR Doc. 2021–09573 Filed 5–4–21; 8:45 am] Billing code 3295–F1–P

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Proclamation 10193 of April 30, 2021 National Mental Health Awareness Month, 2021

By the President of the United States of America

A Proclamation Mental health is essential to our overall health, and the importance of attending to mental health has become even more pronounced during the COVID–19 pandemic, which has not only negatively impacted many people’s mental health but has also created barriers to treatment. Millions of adults and children across America experience mental health conditions, including anxiety, depression, schizophrenia, bipolar disorder, and post-traumatic stress disorder. Nearly one in five Americans lives with a mental health condition. Those living with mental health conditions are our family, friends, classmates, neighbors, and coworkers. Before the Afford- able Care Act, insurance companies could discriminate against people based on pre-existing conditions, including mental health conditions, and mental health and substance use services were not covered by insurance. Still discrimination against those with mental health conditions in our society remains, and can make it difficult to find and reach out for help. While our Nation has made progress in promoting mental health services, many communities face pervasive barriers in accessing mental health care. The COVID–19 pandemic and the resulting economic crisis has impacted the mental health of millions of Americans. Isolation, sickness, grief, job loss, food instability, and loss of routines has increased the need for mental health services. At the same time, the need to protect people from COVID– 19 has made it more challenging for people to access mental health services, and harder for providers to deliver this care. Even before COVID–19, the prevalence of mental health conditions in our Nation was on the rise. In 2019, nearly 52 million adults experienced some form of mental illness. Recent data from the Centers for Disease Control and Prevention indicates that one in four adults reported experiencing symptoms of an anxiety or depressive disorder in February 2021—a significant increase from the prior year. Youth mental health is also worsening, with nearly 10 percent of America’s youth reporting severe depression. We must treat this as the public health crisis that it is and reverse this trend. Too many people with mental health needs feel they have nowhere to turn. Suicide is the tenth leading cause of death in the United States and the second leading cause of death for our Nation’s youth today. Suicide rates are disproportionately high among Black youth, and LGBTQI+ persons are at disproportionate risk of death by suicide as well as suicidal ideation, planning, and attempts. My Administration is committed to advancing suicide prevention best practices and improving non-punitive crisis response. Even as we build and enhance existing systems for prevention and response within communities, immediate assistance is available for those in need of help by calling the National Suicide Prevention Lifeline at 1–800–273– TALK or by calling 1–800–662–HELP. My Administration is committed to ensuring that people living with mental health conditions are treated with compassion, respect, and understanding. We must also address the disparities that underserved communities, especially communities of color, face and work to ensure that everyone has access to affordable, quality, and evidence-based mental health care.

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As President, I know that we can and must address these critical issues, especially for those who have shouldered the burden of standing on the front lines in responding to the pandemic. That is why the American Rescue Plan includes substantial investments to promote mental health among the health care workforce. We are also building on the progress made through the 21st Century Cures Act by integrating mental health and addiction treatment into primary care settings, schools, and homes. My Administration is focused on building an improved, expanded system of care for the mental health needs of adults and children. This will require an increase in the number of mental health professionals. Building on a program in the American Rescue Plan, I have requested $1 billion in funding to expand the number of school-based mental health professionals, including school psychologists and counselors to address the mental health needs of students. The American Rescue Plan also delivered $3 billion for substance use and mental health care block grants. These funds also ensure that States provide pathways to prevention, intervention, treatment, and recovery services—especially for underserved communities. The American Rescue Plan also included $420 million in funding to support Certified Community Behavioral Health Clinics to expand access to high-quality, evidence-based behavioral health services. Certified Community Behavioral Health Clinics are also committed to involving peers and families, who are essential to mental health recovery. My Administration is committed to ensuring that everyone knows that they are not alone, that help exists, and that we will provide the mental health support needed to heal, recover, and thrive. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as National Mental Health Awareness Month. I call upon citizens, government agencies, organizations, healthcare providers, and research institutions to raise mental health awareness and continue helping Americans live longer, healthier lives. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.

[FR Doc. 2021–09574

Filed 5–4–21; 8:45 am] Billing code 3295–F1–P

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Proclamation 10194 of April 30, 2021

National Physical Fitness and Sports Month, 2021

By the President of the United States of America

A Proclamation Despite the unprecedented challenges and disruptions of the past year, we continue to see examples of Americans finding innovative ways to stay active and healthy. Some have moved their workouts into their living rooms or garages. Others have taken up new sports. Many have simply rediscovered the satisfaction of a walk through their neighborhood. Despite this creativity, far too many people struggle to incorporate regular physical activity into their daily lives. Socioeconomic disparities, lack of opportunities for safe play, and limited access to programs for increased activity are just a few of the inequities that many Americans face—inequities that have been further exacerbated by the pandemic. During this National Physical Fitness and Sports Month, we encourage all Americans to stay active for their health and wellbeing. Whether by pursuing a more active lifestyle, making physical activity a priority and an essential part of everyday living, or supporting efforts in local communities that increase access to sports and physical fitness opportunities for all, participating in physical activities leads to a healthier lifestyle. Physical activity is one of the best tools we have to help combat chronic diseases experienced by over half of all Americans. Even a single session of moderate-to-vigorous physical activity can boost your mood, sharpen your focus, reduce your stress, and improve your sleep. More regular physical activity—over months or years—can contribute to a reduced risk of depression, heart disease, several types of cancer, dementia, type 2 diabetes, and obesity. No matter our age or ability, the more that we can make regular physical activity and participation in sports a part of our lives, the better off both we and our Nation will be. Greater amounts of physical activity can have positive effects in every stage of life and lead to better overall health outcomes for both children and adults, including those with disabilities. The Depart- ment of Health and Human Services’ Move Your Way campaign provides helpful tips to encourage children and adults to meet the recommendations from the Physical Activity Guidelines for Americans. The Centers for Disease Control and Prevention’s Active People, Healthy Nation initiative provides a blueprint for building active communities to make it easier for all Ameri- cans to attain the physical activity they need, with a goal of getting 27 million more Americans physically active by 2027. By transcending differences and uniting in celebration of physical activity, healthy competition, and shared enjoyment, sports are a fun and engaging way to stay active and keep fit for people of all ages. For our Nation’s youth, playing sports can also help to build confidence on and off the field, while team sports foster the added virtues of service to common causes and communal responsibility—win or lose, every game offers the opportunity to learn something new or hone your skills. Every athletic challenge is an avenue to greater mental and physical resilience. While social distancing has made participation in organized sports challenging, we can use this time to renew our focus on fundamental skills and training in preparation for a return to play, especially for young athletes.

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Our Nation can and must do more to make sure that every child has the opportunity to play sports and obtain the benefits that come with play, including greater physical fitness and better health. As we recover from the COVID–19 pandemic, it is more important than ever that we ensure equal access to sports and fitness activities for everyone. To that end, my Administration continues to promote programs that provide opportunities for all of our young people to play sports—regardless of their race, ethnicity, sex, sexual orientation, gender identity, religion, disability, or neighborhood—in support of the National Youth Sports Strategy. I encourage every American to discover an enjoyable exercise activity that fits into their daily routine. It does not matter how you choose to be active—whether you are trying your hand at a new sport, exploring a local park, or going for a walk or a jog in your own neighborhood, physical activity holds the key to better health and wellness. During National Physical Fitness and Sports Month, let us all strive to be more active together. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as National Physical Fitness and Sports Month. I call upon the people of the United States to make daily physical activity a priority, to support efforts to increase access to sports opportunities in their communities, and to pursue physical fitness as an essential part of healthy living. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.

[FR Doc. 2021–09591 Filed 5–4–21; 8:45 am] Billing code 3295–F1–P

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Proclamation 10195 of April 30, 2021

National Teacher Appreciation Day and National Teacher Appreciation Week, 2021

By the President of the United States of America

A Proclamation As the proud husband of an educator who continues, as First Lady, to teach writing at a community college, I have seen firsthand the dedication, selflessness, and vision of our Nation’s educators. They play so many different roles: They are mentors who guide with creativity and care; advocates who fight for students’ needs; role models who help students dream and dare more boldly; and leaders who tirelessly support the families and communities that depend on them. Every day, with every student they reach, educators build the future of our country, and we are grateful for their commitment to our shared future. This National Teacher Appreciation Day and National Teacher Appreciation Week, we honor the service and passion and celebrate the immeasurable contributions of our Nation’s educators in schools from coast to coast. Throughout history, America’s educators have risen to unprecedented challenges. Over the past year, with our country facing a cascade of crises, educators have risen to this challenge with care and creativity: overcoming disruptions in their own lives while offering unwavering support for their students’ wellbeing and academic progress. Educators served both as facilitators of learning and as the technology support for their students, getting them up and running with access to fully remote learning. They often worked late into the day to support hard-to-reach children, and took the extracurriculars their students love and adapted them for remote and hybrid learning. Our teachers even found new ways to leverage technology platforms to coordinate with parents as partners in learning, keep a close eye on the development of their students, and build community by moving music rehearsals and sports practices online. As this pandemic has shined a bright light on the inequities that persist in our schools, educators have also fought for the tools and resources their schools need to bridge gaps and ensure all children have what they need to succeed. Other school staff and administrators have also stepped up in our time of need, with bus drivers bringing hotspots to areas with no wireless internet, food service staff preparing meals for students who might otherwise go hungry, and counselors helping students and parents cope with trauma. When I took office, I vowed to support our educators by giving them the pay and dignity they deserve. I made a promise that they would not only have a voice as we work to rebuild and reimagine our education system, they would help us lead this effort. That is why my Administration is partnering with State and local leaders, educators and their unions, and families to ensure high-quality instruction, overcome the challenges of the instructional time we lost in the pandemic, address educational inequities, and meet students’ physical, social, and emotional needs. In early March, I prioritized early childhood through 12th grade educators and staff for vaccination, and I set a goal of getting all of these frontline essential workers at least one shot by the end of the month. On April

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2nd, I announced that 80 percent of all teachers, school staff, and childcare workers across the country had received at least one dose of the COVID– 19 vaccine. Since then, we have made even more progress in protecting our educators. The American Rescue Plan is providing critical relief, including $122 billion in relief for K–12 schools to get students back in the classroom quickly and safely and address the needs of students. In addition, the American Rescue Plan includes $7.6 billion for special education, children and youth experiencing homelessness, Tribal educational agencies, Native Hawaiians, and Alaska Natives, emergency assistance to non-public schools, and the outlying areas of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the U.S. Virgin Islands, as well as $40 billion for higher education. Education is the one field that makes all others possible. Every one of us has been shaped by someone who inspired our curiosity and helped us find our confidence, who guided us to think more clearly and pushed us to strive for better. On National Teacher Appreciation Day and during National Teacher Appreciation Week, we remember the tremendous debt of gratitude owed to educators everywhere who helped define us as individuals and as a country, and to all that they are doing to light the way forward for our families and our communities. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 4, 2021, as National Teacher Appreciation Day and May 2 through May 8, 2021, as National Teacher Appreciation Week. I call upon all Americans to recognize the hard work and dedication of our Nation’s teachers and to observe this day and this week by supporting teachers through appropriate activities, events, and programs. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.

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Proclamation 10196 of April 30, 2021

Public Service Recognition Week, 2021

By the President of the United States of America

A Proclamation In the face of unprecedented challenges this past year, America’s dedicated public servants have risen to the moment—bringing strength, healing, and hope to their communities and to our Nation. Our public servants are a living reminder that, here in America, we take care of one another and leave no one behind. As we work to defeat the pandemic and rebuild our economy, it is more important than ever to recognize and reflect upon both our collective loss and our collective resilience. During Public Service Recognition Week, we celebrate and thank our public servants at the local, State, and Federal levels who exemplify dedication to the common good. Public servants are the lifeblood of our democracy. They are our researchers and scientists, our front-line workers, our educators, our first responders, our election officials, and our military service members—among countless others. They are ordinary Americans who answer the call to do extraordinary things, giving their time—and, in some cases, risking or giving their lives— to make life better for all of us. Throughout this week and beyond, my Administration will be shining a light on the individual and collective efforts of public servants at the local, State, Tribal, and Federal levels who unite us and help lead us through challenging times. In the toughest of circumstances and often at great personal sacrifice, our public servants tackle the most complex problems facing our communities. Whether developing public health guidance and working across agencies to safely reopen schools during the pandemic, partnering with the private sector to develop and distribute vaccines, keeping small businesses dreams alive, or combating natural disasters in their hometowns, public servants demonstrate their commitment to our Nation every day. It is our responsibility, in turn, to ensure that they are honored and protected. Since taking office earlier this year, I have made it the policy of the United States to protect, empower, and rebuild the career Federal workforce. My Administration made employee safety a priority—directing agencies to create COVID–19 workplace safety plans and require mask-wearing, physical distancing, and other public health measures in Federal buildings and on Federal lands. I revoked several Executive Orders that undermined the foundations of civil service, worked to ensure the right of Federal employees to engage in collective bargaining, and created a new interagency task force to ensure that Federal employees engaged in scientific research and data collection are never subjected to political interference. In addition, I have strengthened protections against discrimination for Federal employees, including discrimination on the basis of gender identity or sexual orientation. I have also asked the Director of the Office of Personnel Manage- ment to provide me with recommendations to promote a $15 per hour minimum wage for Federal employees, as well as recommendations for expanding the Federal Government’s policy of providing employees time off to vote. And this week, I signed an Executive Order that will increase the minimum wage for employees working on Federal contracts to $15 per hour.

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Together, as we strive to build, support, and continuously improve our public workforce, we recognize and celebrate the indispensable contributions our public servants make while protecting our communities, taking care of our neighbors, and helping us heal and build back better. It is the honor of my lifetime to serve our Nation alongside our public servants, who work tirelessly to improve the lives of Americans and people around the globe. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2 through May 8, 2021, as Public Service Recognition Week. I call upon all Americans to celebrate public servants and their contributions this week and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.

[FR Doc. 2021–09593 Filed 5–4–21; 8:45 am] Billing code 3295–F1–P

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Proclamation 10197 of April 30, 2021 Law Day, U.S.A., 2021

By the President of the United States of America

A Proclamation In the many years I spent as a United States Senator and as Vice President, I logged hundreds of thousands of miles of travel, and had the opportunity to meet with foreign officials all over the world. Those experiences impressed upon me a truth about America: that what makes our Nation unique is the depth of our devotion to the rule of law. Unlike so many of the Nations of the world, the United States wasn’t built around an ethnicity, religion, or tribe—it was built around common ideals. The rule of law is central to those ideals. It is what limits the abuse of power in our Nation, whether by an individual or a mob. It reflects President John Adams’ desire to establish ‘‘a government of laws and not of men.’’ It is how Thomas Paine distinguished us from the rest of the world—declaring that, while in other Nations, the king is law, ‘‘in America, the law is king.’’ Many Nations around the world still struggle to capture what we have captured here in America—not only in the text of our founding documents, but in the character of our people: reverence for the law. That reverence is essential to our democracy. Without it, equality and justice cannot be advanced, human rights cannot be protected, democratic norms and values cannot be secured, and disagreements cannot be peaceably resolved. The rule of law has also been a critical vehicle for delivering the full promise of American democracy to all of our people, particularly those excluded in our Nation’s founding. Today, on Law Day, we rededicate ourselves to furthering that promise and strengthening those ideals, and we renew our commitment to ensure that every American’s constitutional rights are protected. The theme of this year’s Law Day, ‘‘Advancing the Rule of Law Now,’’ is particularly fitting at this moment in our Nation’s history. Recently, we were again called to recognize that democracy is precious and fragile. We have witnessed grave threats to our democratic institutions and to the rule of law itself. These tragic events have taught us once again that when we are united, we can overcome the greatest challenges and move our country forward—but it takes a commitment to law over demagoguery, and the enforcement of law free from political interference, to do so. Previous generations of Americans have lived through civil war, economic depressions, the rise of fascism, and world wars—and today, too many Americans continue to face pervasive racism, xenophobia, nativism, and other forms of intolerance. This year, the United States marks the 100th anniversary of the Tulsa, Oklahoma, race massacre, in which a mob of white residents attacked and killed between 100 and 300 Black residents and destroyed more than 1,000 homes and businesses in a thriving community known as Black Wall Street. Today, a century later, we still face chilling echoes of those threats to equality, justice, and the rule of law in the form of rising political extremism, white supremacy, and domestic terrorism. My Administration is committed to advancing the rule of law within the United States so that everyone is ensured equal justice under the law, an equal place in our democracy, and the opportunity to fulfill their potential

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free from abuses of power. On my first day in office, I signed an historic Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, to advance equity and racial justice and redress systemic racism across a comprehensive sweep of Federal policies, laws, and programs. I also signed a memorandum on Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Ameri- cans and Pacific Islanders in the United States, stating that the Federal Government has a responsibility to prevent racism, xenophobia, and intolerance against anyone in the United States—particularly, today, against Asian Americans who have spent the last year enduring unconscionable and un- American harassment and attacks—as well as an additional Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. I have directed Federal agencies to facilitate access to voting using their existing legal authority, and my Administration supports further legislation to protect the sacred right to vote and make it more equitable and accessible for all Americans to exercise that right. We are also working to advance the rule of law across the world by rebuilding global alliances; confronting authoritarianism; and reengaging with other governments, civil society organizations, and multilateral organizations, such as the United Nations. We must ensure that we are able to lead not by the example of our power, but by the power of our example. As I have said on many occasions, our diplomacy must be rooted in America’s most cherished democratic values: defending freedom, championing opportunity, upholding universal rights, respecting the rule of law, and treating every person with dignity. On this Law Day, U.S.A., I urge my fellow Americans to join me in recommit- ting ourselves to promoting and advancing the rule of law and delivering freedom and equality for all. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, in accordance with Public Law 87–20, as amended, do hereby proclaim May 1, 2021, as Law Day, U.S.A. I call upon all Americans to acknowledge the importance of our Nation’s legal and judicial systems with appropriate ceremonies and activities, and to display the flag of the United States in support of this national observance. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.

[FR Doc. 2021–09594 Filed 5–4–21; 8:45 am] Billing code 3295–F1–P

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Proclamation 10198 of April 30, 2021

Loyalty Day, 2021

By the President of the United States of America

A Proclamation On Loyalty Day, we celebrate our allegiance to the project of this great Nation and the democratic ideals woven into the fabric of our Constitution. As Americans, we do not command loyalty, but seek to earn it through our actions—including by living up to the principles enshrined in our Con- stitution and respecting the will of the people as reflected in the democratic process. Drawn together by the promise of equality, freedom, and justice, we are a Nation of shared ideals and strong, resilient people. Here in America, loyalty does not mean fealty to any one leader or political party, nor does it mean unthinking praise or willful ignorance of our shortcomings— it means loyalty to our common ideals, and to one another. It means standing united as one people, even as we cherish our differences and respect dissent. Our country is a diverse tapestry of many cultures, heritages, religions, and languages, brought together around the values and ideals we all share as Americans. Together, we celebrate our differences and draw strength from our common commitment to perfecting our Union. No matter what challenges come our way, our Nation holds strong together—bound by our Constitution and the rule of law, uplifted by individual liberties and promises of justice we have worked hard in each generation to secure and expand, and consecrated by those who have sacrificed to preserve, defend, and care for our Nation. We see loyalty in the members of our Armed Forces, who selflessly serve in harm’s way; in their families, who, in the timeless words of the poet John Milton, ‘‘also serve who only stand and wait;’’ in our educators, who dedicate their lives to nurturing young minds; in our first responders, who put their lives on the line to save others; in all those who have the courage to call out our Nation’s imperfections when we fall short, and who continue to push our society to live up to its founding promise of freedom, justice, and equality for all. May 1 is also International Workers’ Day, and we honor the workers whose service and sacrifice has helped turn the tide against the COVID–19 pandemic. On this day, we show our gratitude to our essential workers—and to all of the workers who have organized and fought to improve our Nation and create a fairer and more just society for all. To acknowledge the American ethos of patriotism and the sacrifices so many of our fellow citizens have made, the Congress, by Public Law 85– 529, as amended, has designated the 1st day of May each year as Loyalty Day. On this day, let us reaffirm our commitment to the values that bind us together and honor all those who have defended our freedom. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim May 1, 2021, as Loyalty Day. This Loyalty Day, I call upon the people of the United States to join in this national observance, display the United States flag and pledge allegiance to the Republic for which it stands.

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IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.

[FR Doc. 2021–09595 Filed 5–4–21; 8:45 am] Billing code 3295–F1–P

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Rules and Regulations Federal Register Vol. 86, No. 85

Wednesday, May 5, 2021

This section of the FEDERAL REGISTER • Mail or Hand Delivery/Courier: for all redesignated areas in existence on contains regulatory documents having general Laura Maas, HUBZone Program, 409 December 12, 2017, the expiration of their applicability and legal effect, most of which Third Street SW, Washington, DC HUBZone treatment has been extended until are keyed to and codified in the Code of 20416. December 31, 2021. SBA selected this date because SBA estimates that the HUBZone Federal Regulations, which is published under SBA will post all comments on http:// 50 titles pursuant to 44 U.S.C. 1510. maps will have been updated to incorporate www.regulations.gov. If you wish to the results of the 2020 census and to reflect The Code of Federal Regulations is sold by submit confidential business the broad changes mandated by section 1701 the Superintendent of Documents. information (CBI), as defined in the User by that time, and selecting a specific date Notice at http://www.regulations.gov, provides stability to program participants. please submit the information to Laura SBA did not receive any comments on the SMALL BUSINESS ADMINISTRATION Maas, HUBZone Program, 409 Third proposed definition of ‘HUBZone small Street SW, Washington, DC 20416, 202– business concern’ and is implementing the 13 CFR Part 126 205–7341, or send an email to changes as proposed. (84 FR 65222, 65226). RIN 3245–AH66 [email protected]. Highlight the In the time since the publication of information that you consider to be CBI this final rule, SBA has learned that the HUBZone Program: Extending Map and explain why you believe SBA datasets necessary for SBA to update the Freeze should hold this information as HUBZone map based on the results of confidential. SBA will review the the 2020 census will not be available to AGENCY: U.S. Small Business information and make the final SBA until approximately December Administration. determination on whether it will 2022. These datasets include the ACTION: Direct final rule. publish the information. Department of Housing and Urban FOR FURTHER INFORMATION CONTACT: Development’s designation of qualified SUMMARY: This direct final rule extends census tracts. Consequently, SBA must the HUBZone map freeze mandated by Laura Maas, HUBZone Program, 409 Third Street SW, Washington, DC extend the HUBZone map freeze beyond the National Defense Authorization Act December 31, 2021. SBA has for Fiscal Year 2018 (NDAA 2018) from 20416, 202–205–7341, hubzone@ sba.gov. determined that the map freeze should December 31, 2021, to June 30, 2023. be extended through June 30, 2023, The NDAA 2018 requires that certain SUPPLEMENTARY INFORMATION: Section which will permit SBA to process the certified HUBZone small business 1701(i) of the National Defense data, update the HUBZone map, and concerns shall maintain their HUBZone Authorization Act for Fiscal Year 2018 provide adequate notice to the status until the HUBZone map is (NDAA 2018), Public Law 115–91, HUBZone small business community. updated in accordance with the results December 12, 2017, provides that In order to extend the map freeze of the 2020 census. SBA previously certain certified HUBZone small through June 30, 2023, SBA must amend issued a rule to implement this business concerns shall maintain their the date set forth in the definitions of provision and ‘‘freeze’’ the HUBZone HUBZone status until the HUBZone the terms HUBZone small business map until December 31, 2021. However, map is updated in accordance with the concern or certified HUBZone small SBA has learned that the data necessary results of the 2020 census. To business concern and Redesignated area to update the HUBZone map to reflect implement this provision, on November contained in § 126.103 of the HUBZone the 2020 census results will not be 26, 2019, SBA published a final rule regulations. This amendment is available to SBA until December 2022. ‘‘freezing’’ the HUBZone map until the necessary to avoid public confusion Thus, SBA must extend the HUBZone map could be updated based on the about when certain HUBZone ‘‘freeze’’ through June 30, 2023, which results of the 2020 census. 84 FR 65222. designations will be expiring. will permit SBA to process the data, In the preamble to the final rule, SBA update the HUBZone map, and provide explained: Compliance With Executive Orders adequate notice to the HUBZone small 12866, 12988, 13132, 13175, 13563, the In enacting section 1701(i), Congress Congressional Review Act (5 U.S.C. business community. This amendment intended for small businesses located in is necessary to avoid public confusion expiring redesignated areas to retain their 801–808), the Paperwork Reduction Act about when certain HUBZone HUBZone eligibility until the date on which (44 U.S.C. Ch. 35), and the Regulatory designations will be expiring. SBA updates the HUBZone maps in Flexibility Act (5 U.S.C. 601–612), and accordance with the broader changes the Administrative Procedure Act, 5 DATES: This rule is effective on June 21, described in section 1701. In other words, U.S.C. 553 2021 without further action, unless firms that were certified HUBZone small significant adverse comment is received business concerns as of the date of enactment Executive Order 12866 by June 4, 2021. If significant adverse of the NDAA 2018 (December 12, 2017), and The Office of Management and Budget comment is received, SBA will publish that had principal offices located in (OMB) has determined that this direct a timely withdrawal of the rule in the redesignated areas set to expire prior to final rule does not constitute a Federal Register. January 1, 2020, shall remain certified significant regulatory action under HUBZone small business concerns until SBA ADDRESSES: You may submit comments, updates the HUBZone maps after the 2020 Executive Order 12866 (Regulatory identified by RIN: 3245–AH66, by any decennial census . . . SBA notes that to Planning and Review). of the following methods: • implement this change, SBA will ‘freeze’ the Executive Order 12988 Federal eRulemaking Portal: http:// HUBZone maps with respect to qualified www.regulations.gov. Follow the census tracts, qualified non-metropolitan This action meets applicable instructions for submitting comments. counties, and redesignated areas. As a result, standards set forth in sections 3(a) and

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3(b)(2) of Executive Order 12988 (Civil rule, SBA responded to specific HUBZone small business community to Justice Reform), to minimize litigation, inquiries from government officials and plan for the update of the maps on July eliminate ambiguity, and reduce the public regarding the extension of the 1, 2023, rather than January 1, 2022. If burden. The action does not have HUBZone map freeze. SBA receives any significant adverse retroactive or preemptive effect. Paperwork Reduction Act, 44 U.S.C., comments, SBA will publish a notice in Executive Order 13132 Ch. 35 the Federal Register withdrawing this rule before the effective date. If SBA For the purposes of Executive Order SBA has determined that this direct receives no significant adverse 13132 (Federalism), SBA has final rule does not impose additional determined that this direct final rule reporting or recordkeeping requirements comments, SBA will publish a will not have substantial, direct effects under the Paperwork Reduction Act, 44 document in the Federal Register on the States, on the relationship U.S.C., Chapter 35. confirming the effective date. between the National Government and Regulatory Flexibility Act, 5 U.S.C. 601– Congressional Review Act, 5 U.S.C. 801– the States, or on the distribution of 612 808 power and responsibilities among the various levels of government. Therefore, The Regulatory Flexibility Act (RFA), Subtitle E of the Small Business for the purpose of Executive Order 5 U.S.C. 601, requires administrative Regulatory Enforcement Fairness Act of 13132, SBA has determined that this agencies to consider the effect of their 1996 (codified at 5 U.S.C. 801–808), also direct final rule has no federalism actions on small entities, small non- known as the Congressional Review Act implications warranting preparation of a profit enterprises, and small local (CRA), generally provides that before a governments. Pursuant to the RFA, federalism assessment. If you believe rule may take effect, the agency when an agency issues a rulemaking, this direct final rule has implications for promulgating the rule must submit a the agency must prepare a regulatory federalism, please call or email the rule report, which includes a copy of person listed in the FOR FURTHER flexibility analysis which describes the the rule, to each House of the Congress INFORMATION CONTACT section. impact of the rule on small entities. However, section 605 of the RFA allows and to the Comptroller General of the Executive Order 13175 an agency to certify a rule, in lieu of United States. SBA will submit a report SBA has determined that this direct preparing an analysis, if the rulemaking containing this rule and other required final rule would not have tribal is not expected to have a significant information to the U.S. Senate, the U.S. implications under Executive Order economic impact on a substantial House of Representatives, and the 13175 (Consultation and Coordination number of small entities. Within the Comptroller General of the United with Indian Tribal Governments) meaning of RFA, SBA certifies that this States. Additionally, the CRA provides because it would not have a substantial direct final rule will not have a that a major rule under the CRA cannot direct effect on one or more Indian significant economic impact on a take effect until 60 days after it is tribes, on the relationship between the substantial number of small entities published in the Federal Register; Federal Government and Indian tribes, because it will directly impact only however, the Office of Information and or on the distribution of power and certified HUBZone small business Regulatory Affairs has determined that responsibilities between the Federal concerns with principal offices located this rule is not a ‘‘major rule’’ as defined Government and Indian tribes. If you in Redesignated Areas. by 5 U.S.C. 804(2). believe this direct final rule has Justification for Direct Final Rule implications for Indian tribes, please List of Subjects in 13 CFR Part 126 call or email the person listed in the FOR SBA is publishing this rule as a direct Administrative practice and FURTHER INFORMATION CONTACT section. final rule because SBA views this as a non-controversial administrative action procedure, Government procurement, Executive Order 13563 because it merely changes a date in Small businesses. Executive Order 13563 (Improving SBA’s regulations to reflect updated Accordingly, for the reasons stated in Regulation and Regulatory Review) information about when the 2020 the preamble, SBA amends 13 CFR part reaffirms the principles of Executive Census results will be incorporated into 126 as follows: Order 12866 while calling for the Department of Housing and Urban improvements in the nation’s regulatory Development’s designation of qualified PART 126—HUBZONE PROGRAM system to promote predictability, to census tracts. This rule will be effective reduce uncertainty, and to use the best, on the date shown in the DATES section ■ 1. The authority for 13 CFR part 126 most innovative, and least burdensome unless SBA receives any significant continues to read as follows: tools for achieving regulatory ends. The adverse comments on or before the executive order directs agencies to deadline for comments set forth in the Authority: 15 U.S.C. 632(a), 632(j), 632(p), consider regulatory approaches that DATES section. Significant adverse 644 and 657a; Pub. L. 111–240, 24 Stat. 2504. reduce burdens and maintain flexibility comments are comments that provide § 126.103 Amended and freedom of choice for the public strong justifications why the rule should where these approaches are relevant, not be adopted or for changing the rule. ■ 2. Amend § 126.103 as follows: feasible, and consistent with regulatory SBA does not expect to receive any ■ a. Amend the definition of the term objectives. Executive Order 13563 also significant adverse comments because requires that regulations be based on the section 1701(i) of the 2018 NDAA HUBZone small business concern or open exchange of information and requires SBA to maintain the HUBZone certified HUBZone small business perspectives among state and local status of certain certified HUBZone concern by removing the date officials, affected stakeholders in the small business concerns until the ‘‘December 31, 2021’’ and adding in its private sector, and the public as a HUBZone maps can be updated to place the date ‘‘June 30, 2023’’; and whole. SBA has developed this rule in reflect the results of the 2020 census. ■ b. Amend the definition of the term a manner consistent with these Implementation of this change will Redesignated area by removing the date requirements. While developing this benefit the public by allowing the

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‘‘December 31, 2021’’ and adding in its PART 53—FOUNDATION AND SIMILAR Miami Beach Air and Sea Show to place the date ‘‘June 30, 2023’’. EXCISE TAXES provide for the safety of life on navigable waterways during the event. Isabella Casillas Guzman, ■ Paragraph 1. The authority citation Our regulation for the Miami Beach Air Administrator. for part 53 continues to read in part as and Sea Show, § 100.725, specifies the [FR Doc. 2021–09397 Filed 5–4–21; 8:45 am] follows: location of the regulated area which BILLING CODE P Authority: 26 U.S.C. 7805 * * * encompasses a portion of the Atlantic Ocean east of Miami Beach. During the ■ Par. 2. Section 53.4960–0 is amended enforcement periods, if you are the by revising the entry for § 53.4960– operator of a vessel in the regulated area 1(b)(3) to read as follows: DEPARTMENT OF THE TREASURY you must comply with directions from the Patrol Commander or any Official Internal Revenue Service § 53.4960–0 Table of contents. § 53.4960–1 Scope and definitions. Patrol displaying a Coast Guard ensign. In addition to this notification of 26 CFR Part 53 * * * * * enforcement in the Federal Register, the (b) * * * (3) [Reserved] Coast Guard plans to provide [TD 9938] notification of this enforcement period * * * * * via the Local Notice to Mariners and RIN 1545–BO99 Crystal Pemberton, marine information broadcasts. Senior Federal Register Liaison, Legal Tax on Excess Tax-Exempt Dated: April 29, 2021. Processing Division, Associate Chief Counsel, J.F. Burdian, Organization Executive Compensation; (Procedure and Administration). Correction Captain, U.S. Coast Guard, Captain of the [FR Doc. 2021–09425 Filed 5–4–21; 8:45 am] Port Miami. AGENCY: Internal Revenue Service (IRS), BILLING CODE 4830–01–P [FR Doc. 2021–09469 Filed 5–4–21; 8:45 am] Treasury. BILLING CODE 9110–04–P ACTION: Correcting amendments. DEPARTMENT OF HOMELAND SUMMARY: This document contains SECURITY DEPARTMENT OF HOMELAND corrections to final regulations SECURITY Coast Guard (Treasury Decision 9938) that were published in the Federal Register on Coast Guard 33 CFR Part 100 Tuesday, January 19, 2021. The Treasury Decision provided final [Docket No. USCG–2021–0151] 33 CFR Part 165 regulations implementing an excise tax [Docket No. USCG–2021–0304] on remuneration in excess of $1,000,000 Special Local Regulations: Miami and any excess parachute payment paid Beach Air and Sea Show, Atlantic Safety Zone; Commencement Bay, by an applicable tax-exempt Ocean, Miami Beach, FL Tacoma, WA organization to any covered employee. AGENCY: Coast Guard, DHS. AGENCY: Coast Guard, Department of DATES: Effective date: These final ACTION: Notification of enforcement of Homeland Security (DHS). regulation corrections are effective on regulation. ACTION: Notice of enforcement of May 5, 2021. regulation. FOR FURTHER INFORMATION CONTACT: SUMMARY: The Coast Guard will enforce William McNally at (202) 317–5600 or a special local regulation for the Miami SUMMARY: The Coast Guard will enforce Patrick Sternal at (202) 317–5800 (not Beach Air and Sea Show from Friday a safety zone for the Tacoma Freedom toll-free numbers). May 28, 2021 to Sunday May 30, 2021, Fair Air Show on Commencement Bay from 9 a.m. to 5 p.m. to provide for the from 2 p.m. on July 3 through 12:30 a.m. SUPPLEMENTARY INFORMATION: safety of life on navigable waterways on July 4, 2021. This action is necessary Background during this event. During the to ensure the safety of the public from enforcement periods, the operator of any inherent dangers associated with the The final regulations (TD 9938) that vessel in the regulated area must are the subject of this correction are annual aerial displays. During the comply with directions from the Patrol enforcement periods, no person or issued under section 4960 of the Commander or any Official Patrol Internal Revenue Code. vessel may enter or transit this safety displaying a Coast Guard ensign. zone unless authorized by the Captain Need for Correction DATES: The regulation in 33 CFR of the Port Puget Sound (COTP) or their As published on January 19, 2021 (86 100.725 will be enforced from Friday designated representative. FR 6196) the final regulations (TD 9938) May 28, 2021, to Sunday May 30, 2021, DATES: The regulations in 33 CFR contain errors that need to be corrected. from 9 a.m. to 5 p.m. 165.1305 will be enforced each day from FOR FURTHER INFORMATION CONTACT: If 2 p.m. on July 3 through 12:30 a.m. on List of Subjects in 26 CFR Part 53 you have questions about this notice of July 4, 2021. Excise taxes, Foundations, enforcement, call or email Petty Officer FOR FURTHER INFORMATION CONTACT: If Investments, Lobbying, Reporting and Robert M. Olivas, Sector Miami you have questions about this notice of recordkeeping requirements. Waterways Management Division, U.S. enforcement, call or email Lieutenant Coast Guard; telephone 305–535–4317, Peter J. McAndrew, Sector Puget Sound Correction of Publication email [email protected]. Waterways Management Division, U.S. Accordingly, 26 CFR part 53 is SUPPLEMENTARY INFORMATION: The Coast Coast Guard; telephone 206–217–6045, corrected by making the following Guard will enforce a special local email SectorPugetSoundWWM@ correcting amendments: regulation in 33 CFR 100.725 for the uscg.mil.

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SUPPLEMENTARY INFORMATION: The Coast service while, at the same time, deter limit for the upcoming 2021 NCE FM Guard will enforce the safety zone in 33 speculative applications and procedural filing window. CFR 165.1305 for the Tacoma Freedom delays. 3. In the Cap Comment Notice, the Air Show on Commencement Bay from DATES: Effective June 4, 2021. Commission sought comment on 2 p.m. on July 3 through 12:30 a.m. on FOR FURTHER INFORMATION CONTACT: whether 10 applications is the July 4, 2021. This action is being taken James Bradshaw, James.Bradshaw@ appropriate limit to enable the efficient to provide for the safety of life on fcc.gov; Lisa Scanlan, Lisa.Scanlan@ processing of applications and initiation navigable waterways during the aerial fcc.gov; or Amy Van de Kerckhove, of new NCE FM service. Although the demonstrations above the waterway. [email protected], of the commenters addressing the proposed The safety zone resembles a rectangle Media Bureau, Audio Division, (202) cap agree that some limit is advisable, protruding from the shoreline along 418–2700. Direct press inquiries to they were not in agreement on what Ruston Way and will be marked by the Janice Wise, [email protected], (202) specific limit would be most event sponsor. The specific coordinates 418–8165. appropriate and beneficial. Specifically, of the safety zone location are listed in SUPPLEMENTARY INFORMATION: This is a while National Public Radio, Inc. (NPR) 33 CFR 165.1305. summary of the Commission’s endorses the Commission’s proposed As specified in § 165.1305(c), during document, FCC 21–43, adopted and 10-application cap, REC Networks (REC) the enforcement period, no vessel may released April 21, 2021. The full text of proposes a lower five-application limit, transit the regulated area without this document is available for download and Educational Media Foundation approval from the COTP or a COTP at the FCC’s Electronic Document (EMF) recommends allowing parties to designated representative. The COTP Management System (EDOCS) website file more than 10 applications if the may be assisted by other federal, state, at https://www.fcc.gov/edocs or via the additional applications are for areas and local law enforcement agencies in FCC’s Electronic Comment Filing outside the home counties of Nielsen enforcing this regulation. System (ECFS) website at http:// Audio markets. In addition to this notice of www.fcc.gov/ecfs by using the search 4. Discussion. The Commission enforcement in the Federal Register, the function for MB Docket No. 20–343 adopts the proposal from the Cap Coast Guard plans to provide (Documents will be available Comment Notice to establish a limit of notification of this enforcement period electronically in ASCII, Microsoft Word, 10 NCE FM new station applications via the Local Notice to Mariners, marine and/or Adobe Acrobat.) filed by any party during the upcoming information broadcasts during the day filing window. The Commission finds a of the event. If the COTP determines Synopsis 10-application cap will best deter that the safety zone need not be 1. Introduction. The Commission speculative filings, permit the enforced for the full duration stated in recently announced the intention to expeditious processing of the the notice of enforcement, they will use open a 2021 filing window for FM applications filed in the window, and a Broadcast Notice to Mariners or Local reserved band (channels 201–220) provide interested parties with a Notice to Mariners to grant general applications for new noncommercial meaningful opportunity to file for and permission to enter the regulated area. educational (NCE) FM radio stations obtain new NCE FM station licenses. Dated: April 29, 2021. and sought comment on a proposed 5. The document acknowledges that P.M. Hilbert, limit of 10 applications filed by any REC’s proposed five-application cap Captain, U.S. Coast Guard, Captain of the party during the upcoming window. could theoretically curb the number of Port Sector Puget Sound. This document adopts the proposed 10- MX applications, and therefore, have [FR Doc. 2021–09501 Filed 5–4–21; 8:45 am] application cap on NCE FM new station the benefit of simplifying and expediting the processing of BILLING CODE 9110–04–P applications. 2. Background. In 2007, before the applications. The Commission finds, first NCE FM filing window opened, the however, that this benefit is outweighed Commission sought comment on an by the fact that a five-application limit FEDERAL COMMUNICATIONS application cap and subsequently will also curtail the expansion of new COMMISSION established a limit of 10 NCE FM new NCE FM service, and therefore, disserve 47 CFR Part 73 station applications filed by any party the public interest. The last NCE FM during the October 2007 filing window. filing window was over 13 years ago, [MB Docket No. 20–343; FCC 21–43; FRS This application limit helped foster the and accordingly, there is pent-up 23867] goals of localism and diversity as demand for new NCE FM channels, which is unlikely to be satisfied with a FCC Adopts 10-Application Limit for reflected in the NCE FM point system, lower five-application cap. NCE FM New Station Applications in while also restricting the number of Upcoming 2021 Filing Window speculative or mutually exclusive (MX) 6. The document acknowledges EMF’s applications. This, in turn, minimized novel proposal, but concludes that the AGENCY: Federal Communications the delay caused by processing logistical and administrative challenges Commission. complicated application chains. The 10- of implementing EMF’s two-tiered ACTION: Final rule. application cap also allowed the approach are simply too cumbersome Commission to expeditiously process and create the potential for SUMMARY: In this document the and grant thousands of applications to extraordinary procedural delays and the Commission adopts a limit of 10 a wide range of local and diverse ultimate delay of new NCE FM service applications filed by any party during applicants, therefore promoting the to the public. The Commission finds the upcoming 2021 window for new rapid expansion of new NCE FM service that adopting EMF’s approach is not noncommercial educational (NCE) FM throughout the country. In the October administratively feasible at this time. radio stations. The application cap is 2020 Cap Comment Notice (published at The time required to further revise the designed to provide a meaningful 85 FR 70569 on Nov. 5, 2020), the Commission’s rules and forms to adopt opportunity for applicants to file for Commission tentatively concluded that the EMF proposal would significantly new NCE FM stations and expand NCE it should also establish a 10-application delay the initiation of the filing window

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and service to the public and outweigh during the upcoming 2021 filing by radio to the public.’’ The SBA has any benefit from the EMF proposal. window. The Commission has created the following small business 7. The document recognizes EMF’s determined that, absent a limit on the size standard for this category: Those claim that its proposal would increase number of applications that a party may having $41.5 million or less in annual NCE FM service to rural areas and allow file in the upcoming filing window, receipts. Census data for 2012 show that parties to file more applications to some parties may file a large number of 2,849 firms in this category operated in upgrade FM translators serving rural speculative applications, including that year. Of this number, 2,806 firms areas to protected full-power stations. applications that are mutually exclusive had annual receipts of less than $25 The Commission notes, however, that with each other, resulting in procedural million, and 43 firms had annual EMF’s proposal, which was not delays and the delay of new NCE FM receipts of $25 million or more. Because endorsed by any of the commenters, service to the public. The Commission the Census has no additional also has the drawback of increasing the has concluded that a limit of 10 classifications that could serve as a basis potential for more MX groups, created applications for new NCE FM for determining the number of stations by the secondary application filings, construction permits in the filing whose receipts exceeded $41.5 million larger MX groups, and complicated window is an appropriate procedural in that year, the Commission concludes application chains, which could lead to safeguard to deter speculation and that the majority of radio broadcast processing delays, and ultimately, delay permit the expeditious processing of the stations were small entities under the the initiation of new NCE FM service to NCE FM applications while still applicable SBA size standard. In the public. allowing applicants meaningful addition, the Commission has estimated 8. The Commission finds that the opportunities to expand NCE FM the number of NCE FM radio stations to proven 10-application cap strikes the service. The Commission believes that be 4,195. NCE stations are non-profit, best balance of its multiple objectives of the adopted limit will benefit small and therefore considered to be small providing a meaningful opportunity for entities. entities. applicants to file for new NCE FM 12. Summary of Significant Issues 16. Description of Projected stations and expanding service while, at Raised by Public Comments in Response Reporting, Recordkeeping, and Other the same time, deterring speculative to the IRFA. There were no comments Compliance Requirements. The applications and procedural delays. The to the IRFA filed. Commission anticipates that none of the 10-application cap, employed during 13. Response to Comments by the changes adopted as a result of the the 2007 NCE FM filing window, has Chief Counsel for Advocacy of the Small document will result in an increase to proven, in practice, to be very effective. Business Administration. Pursuant to the reporting and recordkeeping 9. The document adopts the proposal the Small Business Jobs Act of 2010, requirements of broadcast stations or that an applicant may file no more than which amended the RFA, the applicants for NCE FM authorizations. a total of 10 applications in the 2021 Commission is required to respond to 17. Steps Taken to Minimize NCE FM filing window. Under existing any comments filed by the Chief Significant Impact on Small Entities, precedent, this means that a party to an Counsel for Advocacy of the Small and Significant Alternatives Considered. application filed in the 2021 NCE FM Business Administration (SBA), and to The RFA requires an agency to describe filing window may hold attributable provide a detailed statement of any any significant alternatives that it has interests in no more than a total of 10 change made to the proposed rules as a considered in reaching its proposed applications filed in the window. If it is result of those comments. The Chief approach, which may include the determined that any party to an Counsel did not file any comments in following four alternatives (among application has an attributable interest response to the proposed rule in this others): (1) The establishment of in more than 10 applications, the Media proceeding. differing compliance or reporting Bureau will retain the 10 applications 14. Description and Estimate of the requirements or timetables that take into that were filed first—based on the date Number of Small Entities to Which the account the resources available to small of application receipt—and dismiss all Proposed Rules Will Apply. The RFA entities; (2) the clarification, other applications. directs agencies to provide a description consolidation, or simplification of of and, where feasible, an estimate of compliance or reporting requirements Procedural Matters the number of small entities that may be under the rule for small entities; (3) the 10. Regulatory Flexibility Analysis. As affected by the proposed rules, if use of performance, rather than design, required by the Regulatory Flexibility adopted. The RFA generally defines the standards; and (4) an exemption from Act of 1980 (RFA), as amended, an term ‘‘small entity’’ as having the same coverage of the rule, or any part thereof, Initial Regulatory Flexibility Analysis meaning as the terms ‘‘small business,’’ for small entities. was incorporated in the initial Public ‘‘small organization,’’ and ‘‘small 18. The Commission is directed under Notice, FCC Seeks Comment on governmental entity.’’ In addition, the law to describe any alternatives it Proposed Application Limit for NCE FM term ‘‘small business’’ has the same considered, including alternatives not New Station Applications in Upcoming meaning as the term ‘‘small business explicitly listed above. The adopted 10- 2021 Window, FCC 20–145. The concern’’ under the Small Business Act. application limit is intended to benefit Commission sought written public A small business concern is one which: all small NCE entities seeking to comment on the proposal in the (1) Is independently owned and establish a new NCE FM service on a document, including comment on the operated; (2) is not dominant in its field local or regional basis by preventing IRFA. The Commission received no of operation; and (3) satisfies any mass filings of speculative applications. comments specifically directed toward additional criteria established by the This limit should benefit all applicants the IRFA. This Final Regulatory SBA. by expediting the review and processing Flexibility Analysis (FRFA) conforms to 15. NCE FM Radio Stations. The of applications filed during the window. the RFA. application limit applies to potential Based on the record in this proceeding, 11. Need for, and Objectives of, the licensees of the NCE FM radio service. the Commission concludes that a lower 10-Application Limit. The document This Economic Census category limit would not effectively meet the adopts a limit of 10 NCE FM radio ‘‘comprises establishments primarily demand for new NCE FM channels, station applications filed by any party engaged in broadcasting aural programs whereas a higher limit would impose

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unacceptable processing delays on all PART 73—RADIO BROADCAST SUPPLEMENTARY INFORMATION: This is a applicants, overriding any potential SERVICES synopsis of the Commission’s Order, benefits to the few applicants interested adopted April 19, 2021 and released in filing more than 10 applications in ■ 1. The authority citation for part 73 April 20, 2021. The full text of this this window. The adopted limit does continues to read as follows: Commission decision is available online not impose any significant compliance Authority: 47 U.S.C. 154, 155, 301, 303, at http://apps.fcc.gov/ecfs/. This or reporting requirements because it 307, 309, 310, 334, 336, 339. document does not contain information would merely set a limit on the number collection requirements subject to the ■ 2. Section 73.503 is amended by of applications for new NCE FM Paperwork Reduction Act of 1995, adding paragraph (g) to read as follows: authorizations that a party could file Public Law 104–13. The Commission during the window. Accordingly, the § 73.503 Licensing requirements and will not send a copy of the Order in a Commission is not aware of any service. report to be sent to Congress and the alternatives that would benefit small * * * * * Government Accountability Office entities. (g) Application limit. An applicant pursuant to the Congressional Review 19. Report to Congress. The may file no more than a total of 10 Act, see 5 U.S.C. 801(a)(1)(A) because Commission will send a copy of the applications in the 2021 NCE FM filing the Order is a ministerial action. document, including this FRFA, in a window. A party to an application filed List of Subjects in 47 CFR Part 73 report to be sent to Congress pursuant in the 2021 NCE FM filing window may to the Congressional Review Act. In hold attributable interests, as defined in Radio, Radio broadcasting. addition, the Commission will send a § 73.7000, in no more than a total of 10 Federal Communications Commission. copy of the document, including this applications filed in the window. If it is Nazifa Sawez, FRFA, to the Chief Counsel for determined that any party to an Assistant Chief, Audio Division, Media Advocacy of the SBA. A copy of the application has an attributable interest Bureau. document and FRFA (or summaries in more than 10 applications, the Media thereof) will also be published in the Bureau will retain the 10 applications Final Rules Federal Register. that were filed first—based on the date For the reasons discussed in the of application receipt—and dismiss all Paperwork Reduction Act preamble, the Federal Communications other applications. Commission amends 47 CFR part 73 as 20. This document does not contain * * * * * follows: new or modified information collection [FR Doc. 2021–09508 Filed 5–4–21; 8:45 am] requirements subject to the Paperwork BILLING CODE 6712–01–P PART 73—RADIO BROADCAST Reduction Act of 1995 (PRA), Public SERVICES Law 104–13. In addition, therefore, it does not contain any new or modified FEDERAL COMMUNICATIONS ■ 1. The authority citation for part 73 information collection burden for small COMMISSION continues to read as follows: business concerns with fewer than 25 47 CFR Part 73 Authority: 47 U.S.C. 154, 155, 301, 303, employees, pursuant to the Small 307, 309, 310, 334, 336, 339. Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. [DA 21–446; FRS 24122] ■ 2. In § 73.202, the table in paragraph 3506(c)(4). (b) is amended by adding in Radio Broadcasting Services; Various alphabetical order the following entries: Congressional Review Act Locations ■ i. Under California, ‘‘Visalia’’; 21. The Commission has determined, AGENCY: Federal Communications ■ ii. Under Colorado, ‘‘Yampa’’; and the Administrator of the Office of Commission. ■ iii. Under New Mexico, ‘‘Carrizozo’’; Information and Regulatory Affairs, ACTION: Final rule. ■ iv. Under North Dakota, ‘‘Beulah’’; Office of Management and Budget and concurs, that this rule is ‘‘non-major’’ SUMMARY: This document amends the ■ v. Under Texas, ‘‘Girard’’ and under the Congressional Review Act, 5 FM Table of Allotments, of the ‘‘Kermit’’. U.S.C. 804(2). The Commission will Commission’s rules, by reinstating send a copy of this document to certain vacant FM allotments. These FM The additions read as follows: Congress and the Government allotments are considered vacant § 73.202 Table of Allotments. Accountability Office pursuant to 5 because of the cancellation of the * * * * * U.S.C. 801(a)(1)(A). associated authorizations and licenses, (b) * * * List of Subjects in 47 CFR Part 73 or the dismissal of long-form auction applications. Theses vacant FM Radio, Reporting and recordkeeping allotments have previously undergone TABLE 1 TO PARAGRAPH (b) requirements notice and comment rule making. [U.S. States] Federal Communications Commission. Reinstatement of the vacant allotments Channel No. Marlene Dortch, is merely a ministerial action to effectuate licensing procedures. Secretary. Therefore, we find for good cause that ***** Final Rule further notice and comment are unnecessary. CALIFORNIA For the reasons set forth in the preamble, the Federal Communications DATES: Effective May 5, 2021. Commission amends part 73 of chapter FOR FURTHER INFORMATION CONTACT: ***** 1 of title 47 of the Code of Federal Rolanda F. Smith, Media Bureau, (202) Visalia ...... 241A Regulations as follows: 418–2700.

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TABLE 1 TO PARAGRAPH (b)— new information relevant to the status of its range (16 U.S.C. 1532(20)). Under Continued any of the three species or their habitats. section 4(a)(1) of the Act, a species may [U.S. States] DATES: The findings in this document be determined to be an endangered were made on May 5, 2021. species or a threatened species because Channel No. ADDRESSES: Detailed descriptions of the of any of the following five factors: bases and supporting information for (A) The present or threatened ***** these findings is available on the destruction, modification, or internet at http://www.regulations.gov at curtailment of its habitat or range; COLORADO Docket No. FWS–R8–ES–2021–0009 or (B) Overutilization for commercial, by contacting the person specified recreational, scientific, or educational ***** under FOR FURTHER INFORMATION purposes; Yampa ...... 277C3 CONTACT. Please submit any new (C) Disease or predation; information, materials, comments, or (D) The inadequacy of existing ***** questions concerning this finding to the regulatory mechanisms; or appropriate person specified under FOR (E) Other natural or manmade factors NEW MEXICO FURTHER INFORMATION CONTACT. affecting its continued existence. FOR FURTHER INFORMATION CONTACT: These factors represent broad ***** Jenny Ericson, Field Supervisor, U.S. categories of natural or human-caused Carrizozo ...... 261C2 Fish and Wildlife Service, Yreka Fish actions or conditions that could have an and Wildlife Office, 1829 S Oregon St., effect on a species’ continued existence. ***** Yreka, CA 96097; telephone 530–841– In evaluating these actions and conditions, we look for those that may NORTH DAKOTA 3115. If you use a telecommunications device for the deaf (TDD), please call the have a negative effect on individuals of Beulah ...... 250A Federal Relay Service at 800–877–8339. the species, as well as other actions or SUPPLEMENTARY INFORMATION: conditions that may ameliorate any ***** negative effects or may have positive Background effects. TEXAS Under section 4(b)(3)(B) of the Act (16 We use the term ‘‘threat’’ to refer in U.S.C. 1531 et seq.), we are required to general to actions or conditions that are ***** make a finding whether or not a known to or are reasonably likely to Girard ...... 248C3 petitioned action is warranted within 12 negatively affect individuals of a months after receiving any petition for species. The term ‘‘threat’’ includes ***** which we have determined contains actions or conditions that have a direct Kermit ...... 289C3 substantial scientific or commercial impact on individuals (direct impacts), information indicating that the as well as those that affect individuals ***** petitioned action may be warranted through alteration of their habitat or required resources (stressors). The term [FR Doc. 2021–09399 Filed 5–4–21; 8:45 am] (‘‘12-month finding’’). We must make a ‘‘threat’’ may encompass—either BILLING CODE 6712–01–P finding that the petitioned action is: (1) Not warranted; (2) warranted; or (3) together or separately—the source of the warranted but precluded. We must action or condition or the action or publish a notice of these 12-month condition itself. However, the mere DEPARTMENT OF THE INTERIOR findings in the Federal Register. identification of any threat(s) does not Fish and Wildlife Service necessarily mean that the species meets Summary of Information Pertaining to the statutory definition of an the Five Factors 50 CFR Part 17 ‘‘endangered species’’ or a ‘‘threatened Section 4 of the Act (16 U.S.C. 1533) species.’’ In determining whether a [Docket No. FWS–R8–ES–2021–0009; and the implementing regulations at species meets either definition, we must FF09E21000 FXES11110900000 212] part 424 of title 50 of the Code of evaluate all identified threats by Federal Regulations (50 CFR part 424) considering the expected response by Endangered and Threatened Wildlife set forth procedures for adding species the species, and the effects of the and Plants; Three Salamander Species to, removing species from, or threats—in light of those actions and Not Warranted for Listing as reclassifying species on the Lists of conditions that will ameliorate the Endangered or Threatened Species Endangered and Threatened Wildlife threats—on an individual, population, AGENCY: Fish and Wildlife Service, and Plants (Lists). The Act defines and species level. We evaluate each Interior. ‘‘species’’ as including any subspecies threat and its expected effects on the ACTION: Notification of findings. of fish or wildlife or plants, and any species, then analyze the cumulative distinct population segment of any effect of all of the threats on the species SUMMARY: We, the U.S. Fish and species of vertebrate fish or wildlife as a whole. We also consider the Wildlife Service (Service), announce which interbreeds when mature (16 cumulative effect of the threats in light findings that three salamander species, U.S.C. 1532(16). The Act defines of those actions and conditions that will the Samwel salamander (Hydromantes ‘‘endangered species’’ as any species have positive effects on the species, samweli), Shasta salamander, (H. that is in danger of extinction such as any existing regulatory shastae), and Wintu salamander (H. throughout all or a significant portion of mechanisms or conservation efforts. The wintu), are not warranted for listing as its range (16 U.S.C. 1532(6)), and Secretary determines whether the endangered or threatened species under ‘‘threatened species’’ as any species that species meets the definition of an the Endangered Species Act of 1973, as is likely to become an endangered ‘‘endangered species’’ or a ‘‘threatened amended (Act). However, we ask the species within the foreseeable future species’’ only after conducting this public to submit to us at any time any throughout all or a significant portion of cumulative analysis and describing the

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expected effect on the species now and 2021b, entire) that contains our analysis 2021b, entire), the SSA (Service 2021a, in the foreseeable future. of the listing factors and documents our entire), and this document as the Shasta The Act does not define the term determination that these species do not Complex salamanders. The three ‘‘foreseeable future,’’ which appears in meet the definition of an endangered salamanders are lungless web-footed the statutory definition of ‘‘threatened species or a threatened species. This salamanders that breathe through their species.’’ Our implementing regulations supporting information can be found on skin and the mucous membrane in their at 50 CFR 424.11(d) set forth a the internet at http:// mouth and throat. The three species are framework for evaluating the foreseeable www.regulations.gov under Docket No. very similar except that the Shasta future on a case-by-case basis. The term FWS–R8–ES–2021–0009. The following salamander has a longer third digit on ‘‘foreseeable future’’ extends only so far is an informational summary of the the pes (rear foot). The approximate into the future as the Service can finding for the Shasta Complex length of the three species is reasonably determine that both the salamanders and information found in approximately 2 to 2.5 inches (51 to 64 future threats and the species’ responses the SSA and species assessment form millimeters). The three species have to those threats are likely. In other for the three species. Please see those short, strongly tapered, generally blunt- words, the foreseeable future is the documents for additional information. tipped tails and broad, flattened heads. period of time in which we can make reliable predictions. ‘‘Reliable’’ does not Previous Federal Actions Taxonomy and Genetic Information mean ‘‘certain’’; it means sufficient to On July 11, 2012, we received a provide a reasonable degree of petition from the Center for Biological From 1953 to 2018, the Shasta confidence in the prediction. Thus, a Diversity to list 53 species of reptiles salamander was recognized as a single prediction is reliable if it is reasonable and amphibians, including the Shasta species (Gorman and Camp 1953, entire; to depend on it when making decisions. salamander (Hydromantes shastae), as Gorman 1964, entire; Rovito 2010, It is not always possible or necessary endangered or threatened under the Act entire). However, a high degree of to define foreseeable future as a (Center for Biological Diversity 2012, variation in genetic structure and particular number of years. Analysis of entire). On September 18, 2015, we genetic divergence was found after both the foreseeable future uses the best published in the Federal Register (80 mitochondrial and nuclear DNA studies scientific and commercial data available FR 56423) our 90-day finding that the of the species were completed (Wake et and should consider the timeframes petition presented substantial scientific al. 1978, entire; Wake and Papenfuss applicable to the relevant threats and to or commercial information indicating 2005, entire; Bingham 2007, entire). As the species’ likely responses to those that listing the Shasta salamander as such, and as noted above, in 2018 the threats in view of its life-history endangered or threatened may be Shasta salamander was split into three characteristics. Data that are typically warranted based on impacts to the separate species (Bingham et al. 2018, relevant to assessing the species’ species’ habitat (Factor A) and other entire). Based on this study, there are biological response include species- natural or humanmade factors (Factor three divergent lineages made up of five specific factors such as lifespan, E). On April 23, 2018, the petitioners genetic clades (a group of organisms that reproductive rates or productivity, (Center for Biological Diversity 2018, evolved from a common ancestor) certain behaviors, and other entire) supplied us with a publication (Bingham et al. 2018, pp. 403, 407). demographic factors. regarding a taxonomic split of the Hydromantes shastae and H. wintu In conducting our evaluation of the Shasta salamander into three separate make up two of the clades, with H. five factors provided in section 4(a)(1) of species (Samwel salamander samweli having three genetic clades the Act to determine whether the (Hydromantes samweli), Shasta (Bingham et al. 2018, p. 408). This Samwel salamander (Hydromantes salamander (H. shastae), and Wintu information has been published and the samweli), Shasta salamander, (H. salamander (H. wintu) (Bingham et al. split of the Shasta salamander has been shastae), or Wintu salamander (H. 2018, entire)), and requested that we accepted by the scientific community. wintu) (together referred to as the Shasta consider this information in our status After review of this information, we Complex salamanders) meet the review. On November 29, 2018, we have determined that the three species definition of ‘‘endangered species’’ or received a complaint for not completing are listable entities under the Act. ‘‘threatened species,’’ we considered the 12-month finding. Per a court and thoroughly evaluated the best approved settlement agreement, we Habitat/Life History scientific and commercial information agreed to deliver a 12-month finding for available regarding the past, present, the Shasta salamander to the Federal The three species are strictly and future threats for the three species. Register by April 30, 2021. This terrestrial for their entire lives and must We reviewed the petition, information document complies with the settlement remain moist in order for individuals to available in our files, and other agreement. absorb oxygen through their skin. available published and unpublished Consequently, the three salamanders are information. Our evaluation included Species Description surface active only when it is moist and information from recognized experts as The Shasta salamander was first cool. Historically, the three species were well as Federal and State government described in 1953, as a single species thought to occur only in and around resource and land management (Gorman and Camp 1953, entire). Since limestone rock outcrops or within agencies. that time the scientific community has limestone caves. In the last 25 years, the We developed a species status determined that the Shasta salamander three species have been found in a assessment (SSA) (Service 2021a, entire) is made up of three separate individual broader range of habitats away from for the Shasta Complex salamanders species (Bingham et al. 2018, entire). limestone, including other types of rock that contains more detailed biological The three species are identified as the outcrops, and even habitats with no information, species’ needs information, Samwel salamander (Hydromantes rock outcrop associations, such as areas and information on the threats facing samweli), Shasta salamander (H. with thick vegetative litter (Lindstrand the three species and their habitat now shastae), and Wintu salamander (H. 2000, pp. 259–261; Nauman and Olson and into the future. We also developed wintu). We refer to the three species in 2004, pp. 35–38; Lindstrand et al. 2012, a species assessment form (Service the species assessment form (Service pp. 236–241).

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Range/Distribution For example, any road construction or temperatures, reduced snowpack, and The historical range of the three maintenance actions associated with prolonged drought. We also identified species is restricted to unglaciated and timber harvest plans or other roadways the additional threat of the proposed non-volcanized forested areas within managed by Caltrans, the counties, or action of raising Shasta Dam and the the lower McCloud River, Pit River, other private landowners undergo subsequent removal and inundation of Sacramento River, and Squaw Creek environmental compliance review with habitat for the three species. We anticipate that vegetation watersheds in Shasta County, California, the State under CESA and the California management activities and wildfire will with Samwel salamander extending Environmental Quality Act, to ensure have a similar degree of impact into the slightly further west. The absence of that impacts to species listed as threatened by the State are mitigated. future as they do currently, and that glaciation and volcanic activity has The three species are also managed by they will not result in impacts to the maintained the limestone and other rock the U.S. Forest Service and Bureau of three species at a level such that they outcrops and subsurface characteristics Land Management as sensitive species would meet the Act’s definition of of the area occupied by the three and currently receive protection through ‘‘threatened species.’’ Although the species. Although current survey efforts conservation measures and best potential raising of Shasta Dam would have identified the distribution of the management practices under the affect individuals and inundate or three species within their respective Northwest Forest Plan’s Survey and remove additional habitat for the three ranges, the exact distribution and Manage program and Sensitive Species species, the extent of the potential loss abundance of the three species within programs. These measures reduce or of known detection sites and habitat the larger range of suitable geologic eliminate impacts to rock outcrops, areas that can support individuals is habitat around and near Shasta Lake is limestone areas, and known salamander very limited relative to the overall unknown, as surveys in such areas are occurrence sites during road number of detection sites and remaining difficult to obtain given the physical construction and maintenance activities available suitable habitat in each restrictions of accessing the terrain and as well as any vegetation management species’ range. difficulty of detecting individuals. The actions. We expect that existing regulatory current range of the three species is After review of the threats identified mechanisms and conservation measures similar to their historical range with above and cumulative effects facing the will continue to help ameliorate or likely some loss due to the construction species, as well as existing conservation reduce impacts of threats to the species of Shasta Dam and subsequent measures, we conclude that habitat loss and will protect Shasta Complex inundation from Shasta Lake in the or disturbance from various threats (e.g., salamanders and their habitats now and 1950s. vegetation management activities, into the foreseeable future (50 years) Evaluation of Status wildfire, climatic changes) within the such that their resiliency, range of the Samwel, Shasta, and Wintu representation, and redundancy will We have carefully assessed the best salamanders have likely impacted support their ability to sustain scientific and commercial information individuals of each species. However, populations in the wild over time. available regarding the past, present, the magnitude and extent of these We also reviewed whether there were and future threats to the Samwel impacts up to the present time have not any significant portions of the three salamander, Shasta salamander, and impacted the resiliency, representation, species’ ranges that may meet the Wintu salamander, and we evaluated all or redundancy for each species or definition of endangered or threatened. relevant factors under the five listing resulted in a decline in the overall In our analysis, we did not find any factors, including any regulatory distribution or general demographic portion of the Samwel, Shasta, or Wintu mechanisms and conservation measures condition of any of the three species salamanders’ ranges where the threats addressing these threats and the such that they are in danger of identified above are currently acting on cumulative impact of these threats. Our extinction now throughout all of their the three species at a biologically analysis identified the threats from ranges. meaningful scale such that the species habitat loss, degradation, and In determining potential future threats may be endangered, or are likely to act modification due to vegetation facing the three species, we evaluated on the species into the future such that management and wildfire (Factor A) and various climate change projections they may be threatened. Therefore, no the effects of increased temperature and using downscaled data for interior portion of the three species’ ranges can reduced moisture from climate change northern California, which includes the provide a basis for determining that any (Factor E) as the main threats currently ranges of the three species. Our one of the three species is in danger of facing the three species. We also timeframe for review looked out extinction now or likely to become so in identified the additional threat of the approximately 15, 30, and 50 years the foreseeable future in a significant proposed action of raising Shasta Dam based on the threat information portion of its range. and the subsequent removal and identified below and climate change inundation of habitat for the three data. This was our timeframe for our Finding species (Factor E). threats analysis of future conditions for Our review of the best available Existing conservation measures for the three species to determine if they scientific and commercial information the species and their habitats include were likely to become endangered indicates that the Samwel salamander, State and Federal protections and within the foreseeable future (i.e., if they Shasta salamander, and Wintu conservation measures. The Shasta meet the Act’s definition of ‘‘threatened salamander do not meet the definition salamander was listed by the State of species’’) throughout all of their ranges. of an endangered species or a threatened California as a threatened species under In our analysis of potential future species in accordance with sections 3(6) the California Endangered Species Act conditions, we analyzed the future and 3(20) of the Act. Therefore, we find (CESA) before it was split into three conditions related to vegetation that listing the Samwel salamander, separate species. The State has not management, future wildfire conditions, Shasta salamander, and Wintu officially recognized the split; however, and projected climate change effects salamander as endangered or threatened the State listing provides measures to such as variability of precipitation species under the Act is not warranted protect and conserve all three species. events and timing, increased at this time. A detailed discussion of the

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basis for this finding can be found in the Atmospheric Administration (NOAA), fisheries as set out under the heading SSA (Service 2021a, entire) and species Commerce. Inseason Actions. assessment form (Service 2021b, entire). ACTION: Inseason modification of 2021 Reason and Authorization for SOF Request for New Information management measures. Inseason Actions #10–#14 We request that you submit any new SUMMARY: NMFS announces seven The fisheries affected by the inseason information concerning the taxonomy inseason actions in the 2021 ocean actions described below were of, biology of, ecology of, status of, or salmon fisheries. These inseason actions authorized in the final rule for 2020 threats to the Samwel salamander, modified the commercial salmon annual management measures for ocean Shasta salamander, or Wintu fisheries in the area from the U.S./ salmon fisheries (85 FR 27317, May 8, salamander to the Yreka Fish and Canada border to the U.S./Mexico 2020). At its March 10, 2021 meeting, Wildlife Office (see FOR FURTHER border. the Council’s Salmon Technical Team INFORMATION CONTACT), whenever it (STT) presented updated stock DATES: becomes available. New information The effective dates for the abundance forecasts for salmon stocks will help us monitor these three species inseason actions are set out in this managed under the Pacific Coast and make appropriate decisions about document under the heading Inseason Salmon Fishery Management Plan their conservation and status. We Actions. (FMP). Based on the STT’s report, SOF encourage Federal, State, and local FOR FURTHER INFORMATION CONTACT: ocean salmon fisheries will be agencies and stakeholders to continue Christina Iverson at 360–742–2506, constrained in 2021 by the low cooperative monitoring and Email: [email protected]. abundance forecast for Klamath River conservation efforts for the three SUPPLEMENTARY INFORMATION: fall-run Chinook salmon (KRFC), which species. was determined to be overfished under Background References Cited the Magnuson-Stevens Fishery In the 2020 annual management Conservation and Management Act A list of the references cited in this measures for ocean salmon fisheries (85 (MSA) in 2018. The forecast of potential petition finding is available on the FR 27317, May 8, 2020), NMFS spawner abundance for KRFC in 2021 is internet at http://www.regulations.gov at announced management measures for 42,098 natural area spawners; which is Docket No. FWS–R8–ES–2021–0009 or the commercial and recreational below the 2020 potential spawner upon request from the person specified fisheries in the area from U.S./Canada forecast of 48,274, and is 31 percent of FOR FURTHER INFORMATION under border to the U.S./Mexico border, the average forecast of potential KRFC CONTACT. effective from 0001 hours Pacific spawners over the previous 9 years Authors Daylight Time (PDT), May 6, 2020, until (2012–2020). To reduce ocean salmon the effective date of the 2021 fishery impacts on KRFC, NMFS took 9 The primary authors of this document management measures, as published in inseason actions concurrent with the are the staff members of the Species the Federal Register. NMFS is March Council meeting to restrict some Assessment Team, Ecological Services authorized to implement inseason fisheries that were previously scheduled Program. management actions to modify fishing to open prior to May 16, 2021 (86 FR Authority seasons and quotas as necessary to 16540, March 30, 2021). At its April 6– 15, 2021 meeting, the Council finalized The authority for this action is section provide fishing opportunity while meeting management objectives for the development of its recommended 2021 4 of the Endangered Species Act of ocean salmon management measures. 1973, as amended (16 U.S.C. 1531 et affected species (50 CFR 660.409). NMFS took additional inseason seq.). Inseason actions in the salmon fishery may be taken directly by NMFS (50 CFR actions, described below, to manage and Martha Williams, 660.409(a)—Fixed inseason conserve SOF ocean salmon fishery Principal Deputy Director, Exercising the management provisions) or upon impacts on overfished KRFC by Delegated Authority of the Director, U.S. Fish consultation with the Chairman of the reducing impacts in spring fisheries and Wildlife Service. Pacific Fishery Management Council through closure or shortened fisheries in [FR Doc. 2021–09489 Filed 5–4–21; 8:45 am] (Council) and the appropriate State areas that impact KRFC consistent with BILLING CODE 4333–15–P Directors (50 CFR 660.409(b)—Flexible its forecasted abundance in 2021 and inseason management provisions). The conservation goals. state management agencies that The NMFS West Coast Regional DEPARTMENT OF COMMERCE participated in the consultations Administrator (RA) considered the described in this document were: The abundance forecasts for Chinook salmon National Oceanic and Atmospheric Washington Department of Fish and stocks and the impacts of the SOF ocean Administration Wildlife, the Oregon Department of Fish salmon fisheries, as modeled by the and Wildlife (ODFW) and the California STT, and determined that the inseason 50 CFR Part 660 Department of Fish and Wildlife actions, described below, were (CDFW). necessary to meet management and [Docket No. 200505–0127; RTID 0648– conservation goals set preseason. These XB031] Management Areas inseason actions modify boundaries Fisheries Off West Coast States; Management of the salmon fisheries is under 50 CFR 660.409(b)(1)(v) and Modifications of the West Coast generally divided into two geographic fishing seasons under 50 CFR Commercial and Recreational Salmon areas: North of Cape Falcon (NOF) 660.409(b)(1)(i). Fisheries; Inseason Actions #10 (U.S./Canada border to Cape Falcon, Consultation under 50 CFR 660.409(b) Through #16 OR) and south of Cape Falcon (SOF) on these inseason actions occurred on (Cape Falcon, OR, to the U.S./Mexico April 15, 2021. Representatives from AGENCY: National Marine Fisheries border). The actions described in this NMFS, ODFW, CDFW, and Council staff Service (NMFS), National Oceanic and document affected both NOF and SOF participated in this consultation.

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Reason and Authorization for NOF Effective dates: Inseason action #11 U.S./Canada border and the Queets Inseason Actions #15–#16 took effect on April 15, 2021, and River, and no more than 4,195 of which remains in effect until superseded. may be caught in the area between The fisheries affected by the inseason Leadbetter Pt. and Cape Falcon. actions described below were Inseason Action #12 Effective dates: Inseason action #16 authorized in the final rule for 2020 Description of the action: Inseason took effect April 20, 2021, and remains annual management measures for ocean action #12 closes the commercial ocean in effect until superseded. salmon fisheries (85 FR 27317, May 8, salmon fishery from Humbug Mountain All other restrictions and regulations 2020). At the April 6–15, 2021 meeting, to the Oregon/California border (Oregon remain in effect as announced for the the Council finalized development of its Klamath Management Zone) from May 2020 ocean salmon fisheries (85 FR recommended 2021 ocean salmon 6–May 9, 2021. This fishery is now 27317, May 8, 2020) and as modified by management measures. This included scheduled to be open March 20–May 5, previous inseason actions (85 FR 31707, final model runs of exploitation rates 2021, and May 10–May 15, 2021. May 27, 2020; 85 FR 55784, September based on a Chinook salmon retention Effective dates: Inseason action #12 10, 2020; 86 FR 13824, March 11, 2021; size for NOF commercial fisheries of 27 took effect April 15, 2021, and remains and 86 FR 16540, March 30, 2021). inches. The results as modeled did not in effect until superseded. The RA determined that these indicate a change in the exploitation inseason actions were warranted based rates previously modeled with the 28 Inseason Action #13 on the best available information on inch retention size, and would continue Description of the action: Inseason Pacific salmon abundance forecasts and to meet conservation objectives. action #13 delayed the opening date of anticipated fishery effort. The states NMFS is taking these inseason actions the commercial ocean salmon fishery manage the fisheries in state waters to provide consistency between fisheries from Point Arena to Pigeon Point (San adjacent to the areas of the U.S. authorized under the 2020 management Francisco management area) which was exclusive economic zone consistent measures and fisheries adopted at the previously scheduled to open May 1, with these Federal actions. As provided April Council meeting for 2021, which 2021. This fishery is now scheduled to by the inseason notice procedures at 50 NMFS is expected to enact by May 16, be open June 16–June 30, 2021. CFR 660.411, actual notice of the 2021. Effective dates: Inseason action #13 described regulatory action was given, prior to the time the action was The NMFS West Coast Regional took effect April 15, 2021, and remains in effect until superseded. effective, by telephone hotline numbers Administrator (RA) considered the 206–526–6667 and 800–662–9825, and abundance forecasts for Chinook salmon Inseason Action #14 by U.S. Coast Guard Notice to Mariners stocks and the impacts of the NOF Description of the action: Inseason broadcasts on Channel 16 VHF–FM and ocean salmon fisheries, as modeled, and action #14 modifies the commercial 2182 kHz. determined that the inseason actions, ocean salmon fishery from Pigeon Point described below, were necessary to meet Classification to the U.S./Mexico border (Monterey management and conservation goals set management area) which was NMFS issues these actions pursuant preseason. These inseason actions previously scheduled to open May 1– to section 305(d) of the MSA. These modify fishing seasons under 50 CFR May 12, 2021, and May 18–May 30, actions are authorized by 50 CFR 660.409(b)(1)(i). 2021. This fishery is now scheduled to 660.409, which was issued pursuant to Consultation under 50 CFR 660.409(b) be open May 1–May 12, 2021. section 304(b), and is exempt from on these inseason actions occurred on Effective dates: Inseason action #14 review under Executive Order 12866— April 20, 2021. Representatives from took effect April 15, 2021, and remains Regulatory Planning and Review. NMFS, ODFW, WDFW, and Council in effect until superseded. Pursuant to 5 U.S.C. 553(b)(B), there staff participated in this consultation. is good cause to waive prior notice and Inseason Action #15 an opportunity for public comment on Inseason Actions Description of the action: Inseason these actions, as notice and comment Inseason Action #10 action #15 modifies the Chinook salmon would be impracticable and contrary to minimum size limit in the commercial the public interest. Prior notice and Description of the action: Inseason ocean salmon fishery from the U.S./ opportunity for public comment on action #10 closes the commercial ocean Canada border to Cape Falcon, OR. The these actions was impracticable because salmon fishery from Cape Falcon to Chinook salmon minimum size limit in NMFS had insufficient time to provide Heceta Bank Line fishery from May 6– this fishery was 28 inches (71.1 cm) for prior notice and the opportunity for May 9, 2021. This fishery is now total length, inseason action #15 public comment between the time scheduled to be open March 20–May 5, changes the minimum size limit to 27 Chinook salmon abundance, catch, and 2021, and May 10–May 15, 2021. inches (68.6 cm) total length. effort information was developed and Effective dates: Inseason action #10 Effective dates: Inseason action #15 fisheries impacts were calculated, and took effect on April 15, 2021, and takes effect April 20, 2021, and remains the time the fishery modifications had remains in effect until superseded. in effect until superseded. to be implemented in order to ensure Inseason Action #11 that fisheries are managed based on the Inseason Action #16 best available scientific information, Description of the action: Inseason Description of the action: Inseason ensuring that conservation objectives action #11 supersedes inseason action action #16 revised the quota and and limits for impacts to overfished #3 which delayed the opening of the subarea catch limits for the commercial salmon stocks are not exceeded. As commercial ocean salmon fishery from salmon fishery from the U.S./Canada previously noted, actual notice of the the Heceta Bank Line to Humbug border that opens May 1, 2021. The regulatory action was provided to Mountain previously scheduled to open May–June quota increased from 13,820 fishers through telephone hotline and March 15, 2021. This fishery is now Chinook salmon to 15,375 Chinook radio notification. This action complies scheduled to be open May 1–5, 2021, salmon, no more than 5,680 of which with the requirements of the annual and May 10–15, 2021. may be caught in the area between the management measures for ocean salmon

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fisheries (85 FR 27317, May 8, 2020), effective date, as a delay in effectiveness Dated: April 29, 2021. the FMP, and regulations implementing of these actions would allow fishing at Jennifer M. Wallace, the FMP under 50 CFR 660.409 and levels inconsistent with the goals of the Acting Director, Office of Sustainable 660.411. FMP and the current management Fisheries, National Marine Fisheries Service. There is good cause under 5 U.S.C. measures. [FR Doc. 2021–09427 Filed 4–30–21; 4:15 pm] 553(d)(3) to waive the 30-day delay in Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 86, No. 85

Wednesday, May 5, 2021

This section of the FEDERAL REGISTER 2. Email: To Pumps2020TP0032@ public comments and the docket contact contains notices to the public of the proposed ee.doe.gov. Include docket number the Appliance and Equipment issuance of rules and regulations. The EERE–2020–BT–TP–0032 in the subject Standards Program staff at (202) 287– purpose of these notices is to give interested line of the message. 1445 or by email: ApplianceStandards persons an opportunity to participate in the No telefacsimilies (‘‘faxes’’) will be [email protected]. rule making prior to the adoption of the final rules. accepted. Although DOE has routinely accepted SUPPLEMENTARY INFORMATION: On April public comment submissions through a 16, 2021, DOE published a RFI seeking data and information regarding whether DEPARTMENT OF ENERGY variety of mechanisms, including postal mail and hand delivery/courier, the amended test procedures would more 10 CFR Part 431 Department has found it necessary to accurately or fully comply with the make temporary modifications to the requirement that the test procedure [EERE–2020–BT–TP–0032] comment submission process in light of produces results that measure energy use during a representative average use RIN 1904–AE53 the ongoing Covid–19 pandemic. DOE is currently suspending receipt of public cycle for pumps without being unduly Energy Conservation Program: Test comments via postal mail and hand burdensome to conduct, or that reduce Procedure for Commercial & Industrial delivery/courier. If a commenter finds testing burden. 86 FR 20075. Interested Pumps that this change poses an undue parties in the matter, Price Pump (on hardship, please contact Appliance April 19, 2021), HI (on April 20, 2021), AGENCY: Office of Energy Efficiency and Standards Program staff at (202) 586– and Grundfos (on April 20, 2021), Renewable Energy, Department of 1445 to discuss the need for alternative requested a 90-day extension of the Energy. arrangements. Once the Covid–19 public comment period for the RFI. ACTION: Request for information; pandemic health emergency is resolved, (Price Pump, No. 10 at p. 1; HI, No. 11 extension of public comment period. DOE anticipates resuming all of its at p. 1; Grundfos, No. 12, at p. 1).1 regular options for public comment Grundfos and Price Pump commented SUMMARY: On April 16, 2021, the U.S. submission, including postal mail and that the June 1, 2021 deadline does not Department of Energy (‘‘DOE’’) hand delivery/courier. provide sufficient time to collect the published a request for information Docket: The docket for this activity, requested data and information (‘‘RFI’’) pertaining to the test procedure which includes Federal Register requested in the RFI. (Price Pump, No. for commercial and industrial pumps notices, comments, and other 10 at p. 1; Grundfos, No. 12 at p. 1 HI (‘‘pumps’’). The notice provided an supporting documents/materials, is commented that it has developed a opportunity for submitting written available for review at http:// committee to review and respond to comments, data, and information by www.regulations.gov. All documents in DOE’s requests for comment, and June 1, 2021. On April 19, 2021, DOE the docket are listed in the http:// requires additional time to develop and received a request from Price Pump www.regulations.gov index. However, review member surveys and coordinate Company (‘‘Price Pump’’), and on April some documents listed in the index, a response. (HI, No. 11, p.1) 20, 2021, DOE received requests from such as those containing information Grundfos and the Hydraulic Institute DOE has reviewed the requests and is that is exempt from public disclosure, extending the comment period to allow (‘‘HI’’) to extend the public comment may not be publicly available. period by 90 days. DOE has reviewed additional time for interested parties to The docket web page can be found at: submit comments. As noted, the RFI these requests and is granting a 30-day http://www.regulations.gov/docket? extension of the public comment period was issued as part of the preliminary D=EERE-2020-BT-TP-0032. The docket stages of rulemaking to consider to allow public comments to be web page contains instructions on how submitted until July 1, 2021. amendments to the test procedure for to access all documents, including pumps. If DOE determines that DATES: The comment period for the RFI public comments, in the docket. amended test procedures may be published on April 16, 2021 (86 FR FOR FURTHER INFORMATION CONTACT: Mr. appropriate, additional notices will be 20075) is extended. DOE will accept Jeremy Dommu, U.S. Department of published (e.g., a notice of proposed comments, data, and information Energy, Office of Energy Efficiency and rulemaking) providing interested parties regarding this RFI received no later than Renewable Energy, Building with an additional opportunity to July 1, 2021. Technologies Office, EE–2J, 1000 submit comment. As such, DOE has ADDRESSES: Interested persons are Independence Avenue SW, Washington, determined that a 30-day extension is encouraged to submit comments using DC 20585–0121. Telephone: (202) 586– sufficient for this preliminary stage. the Federal eRulemaking Portal at 9870. Email: ApplianceStandards Therefore, DOE is extending the http://www.regulations.gov. Follow the [email protected]. comment period to July 1, 2021. instructions for submitting comments. Mr. Michael Kido, U.S. Department of Alternatively, interested persons may Energy, Office of the General Counsel, 1 The parenthetical reference provides a reference submit comments, identified by docket GC–33, 1000 Independence Avenue SW, for information located in DOE’s test procedure number EERE–2020–BT–TP–0032 by Washington, DC 20585–0121. rulemaking docket. (Docket No. EERE–2020–BT– any of the following methods: Telephone: (202) 586–8145. Email: TP–0032, which is maintained at http:// www.regulations.gov/#!docketDetail;D=EERE-2020- 1. Federal eRulemaking Portal: http:// [email protected]. BT-TP-0032). The references are arranged as www.regulations.gov. Follow the For further information on how to follows: (Commenter name, comment docket ID instructions for submitting comments. submit a comment or review other number, page of that document).

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Signing Authority forth in these executive orders. As part SUPPLEMENTARY INFORMATION: On This document of the Department of of this review, the Department invites January 20, 2021, the President issued Energy was signed on April 27, 2021, by the public to provide input on existing Executive Order (E.O.) 13990, Kelly Speakes-Backman, Principal rules and other agency actions for the ‘‘Protecting Public Health and the Deputy Assistant Secretary and Acting Department’s consideration regarding Environment and Restoring Science to Assistant Secretary for Energy Efficiency consistency with the policies and Tackle the Climate Crisis’’ (86 FR 7037; and Renewable Energy, pursuant to objectives of these executive orders. Jan. 25, 2021), and E.O. 13992, delegated authority from the Secretary DATES: Comments should be received on ‘‘Revocation of Certain Executive Orders of Energy. That document with the or before June 4, 2021. Late-filed Concerning Federal Regulation’’ (86 FR original signature and date is comments will be considered to the 7049; Jan. 25, 2021). In E.O. 13990, the President maintained by DOE. For administrative extent practicable. acknowledged the Nation’s ‘‘abiding purposes only, and in compliance with ADDRESSES: You may file comments commitment to empower our workers requirements of the Office of the Federal identified by the docket number DOT– and communities, promote and protect Register, the undersigned DOE Federal OST–2021–0036 by any of the following our public health and the environment; Register Liaison Officer has been methods: and conserve our national treasures and authorized to sign and submit the Federal eRulemaking Portal: Go to monuments, places that secure our http://www.regulations.gov and follow document in electronic format for national memory.’’ The President also the online instructions for submitting publication, as an official document of set forth the policy of the comments. the Department of Energy. This Administration to ‘‘listen to the science; Mail: Docket Management Facility, administrative process in no way alters to improve public health and protect U.S. Department of Transportation, 1200 the legal effect of this document upon our environment; to ensure access to New Jersey Ave. SE, Room W12–140, publication in the Federal Register. clean air and water; to limit exposure to Washington, DC 20590–0001. Signed in Washington, DC, on April 28, dangerous chemicals and pesticides; to Hand Delivery or Courier: The Docket 2021. hold polluters accountable, including Management Facility is located on the Treena V. Garrett, those who disproportionately harm West Building, Ground Floor, of the Federal Register Liaison Officer, U.S. communities of color and low-income U.S. Department of Transportation, 1200 Department of Energy. communities; to reduce greenhouse gas New Jersey Ave. SE, Room W12– 140, [FR Doc. 2021–09274 Filed 5–4–21; 8:45 am] emissions; to bolster resilience to the between 9 a.m. and 5 p.m., Monday BILLING CODE 6450–01–P impacts of climate change; to restore through Friday, except Federal holidays. and expand our national treasures and Fax: 202–493–2251. monuments; and to prioritize both Instructions: You must include the environmental justice and the creation DEPARTMENT OF TRANSPORTATION Docket Number DOT–OST–2021–0036 of the well-paying union jobs necessary at the beginning of your comment. All Office of the Secretary of to deliver on these goals.’’ To that end, comments received will be posted Transportation the President directed the heads of all without change to http:// executive departments and agencies, www.regulations.gov, including any 14 CFR Chapters I, II, and III including DOT, to immediately review personal information provided. and, as appropriate and consistent with Privacy Act: DOT posts public 23 CFR Chapters I, II, and III applicable law, address the comments, without edit, to promulgation of Federal regulations and www.regulations.gov, as described in 46 CFR Chapter II other actions that conflict with these the system of records notice, DOT/ALL– important national objectives, as well as 14 FDMS, accessible through 48 CFR Chapter 12 to immediately commence work to www.dot.gov/privacy. To facilitate confront the climate crisis.’’ E.O. 13990 comment tracking and response, we 49 CFR Chapters I, II, III, V, VI, VII, VIII, specifically directed the Secretary of encourage commenters to provide their X, and XI Transportation to review and consider name, or the name of their organization; publishing for notice and comment a [Docket No. DOT–OST–2021–0036] however, submission of names is proposed rule suspending, revising, or completely optional. Regardless of Notification of Regulatory Review rescinding: ‘‘The Safer Affordable Fuel- whether commenters identify Efficient (SAFE) Vehicles Rule Part One: AGENCY: Office of the Secretary of themselves, timely comments will be One National Program,’’ and ‘‘The Safer Transportation (OST); U.S. Department considered. If you wish to provide Affordable Fuel-Efficient (SAFE) of Transportation (DOT). comments containing proprietary or Vehicles Rule for Model Years 2021– confidential information, please contact ACTION: Regulatory review. 2026 Passenger Cars and Light Trucks.’’ the agency for alternate submission In a Fact Sheet issued by the President SUMMARY: As directed by Executive instructions. simultaneously with E.O. 13990, the Order 13990, ‘‘Protecting Public Health Docket: For access to the docket to President also directed DOT to review and the Environment and Restoring read background documents or ‘‘Hazardous Materials: Liquefied Natural Science to Tackle the Climate Crisis,’’ comments received, go to http:// Gas by Rail’’ (https:// and Executive Order 13992, www.regulations.gov or to the street www.whitehouse.gov/briefing-room/ ‘‘Revocation of Certain Executive Orders address listed above. Follow the online statements-releases/2021/01/20/fact- Concerning Federal Regulation,’’ the instructions for accessing the docket. sheet-list-of-agency-actions-for-review/). U.S. Department of Transportation FOR FURTHER INFORMATION CONTACT: In E.O. 13992, the President set forth (Department or DOT) is currently Elizabeth Kohl, Attorney-Advisor, U.S. the Administration’s policy ‘‘to use reviewing its existing regulations and Department of Transportation, 1200 available tools to confront the urgent other agency actions to determine New Jersey Ave. SE, Washington, DC challenges facing the Nation, including whether they are consistent with the 20590, 202–366– 7523 (phone), the coronavirus disease 2019 (COVID– policies and National objectives set [email protected] (email). 19) pandemic, economic recovery, racial

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justice, and climate change.’’ The executive orders. Comments that reflect DATES: Send comments on or before July President stated that ‘‘[t]o tackle these knowledge of or an understanding of the 6, 2021. challenges effectively, executive effects and provide data or other ADDRESSES: The United States Mint departments and agencies . . . must be information describing those effects are invites comments on all aspects of this equipped with the flexibility to use more creditable than comments that do proposed revision. You may send robust regulatory action to address not provide such information. comments by any of the following national priorities.’’ E.O. 13992 revoked Verifiable, quantifiable data describing methods: certain executive orders issued prior to the effects are more useful than • Federal eRulemaking Portal: January 20, 2021 and directed the anecdotal descriptions. www.regulations.gov. Follow the Director of the Office of Management 3. Description of potential alternative instructions for sending comments. and Budget and the heads of agencies, actions. If the commenter believes that • Mail: Submit all written comments including DOT, to promptly take steps a regulation or other agency action may to Mutilated Coin Redemption Program; to rescind any orders, rules, regulations, be developed that achieves the goals of Manufacturing Directorate; United guidelines, or policies, or portions E.O. 13990 and E.O. 13992, the States Mint, 801 9th Street NW, thereof, implementing or enforcing commenter should describe that Washington, DC 20220. these revoked executive orders, as regulation or action in detail. Likewise, • Hand Delivery/Courier: Same as appropriate and consistent with if the commenter believes that a mail address. applicable law. regulation or other agency action Instructions: All submissions received To respond to the President’s currently meets the goals of one or both must include the agency name for this direction in E.O. 13990 and E.O. 13992, executive orders, the commenter should rulemaking. All comments received will the Department seeks input from the provide that explanation. be posted without change to public on existing regulations or other 4. Examples of affected entities or regulations.gov, including any personal agency actions for the Department’s projects. Commenters may provide information provided. consideration regarding consistency examples of entities that are, have been, FOR FURTHER INFORMATION CONTACT: with the policies and objectives of these or will be negatively affected by the Apryl Whitaker, Senior Legal Counsel, executive orders. In recognition of the identified regulation or other agency Office of the Chief Counsel, United fact that safety is the Department’s action, and examples of entities that States Mint, at (202) 354–7938 or highest priority, DOT also seeks will benefit if DOT acts to address the [email protected]. comment on those existing regulations negative effects of the regulation or SUPPLEMENTARY INFORMATION: or other agency actions that the other agency action. A comment listing Department can address without specific entities is more useful because I. Background compromising, or to further improve, it will assist the Department in The Treasury Regulations appearing safety. The Department welcomes investigating any negative effects and public comment on any of its at 31 CFR part 100, subpart C, are how DOT may most effectively address promulgated under 31 U.S.C. 5120, and regulations and other agency actions to these effects. achieve the goals of E.O. 13990 and E.O. relate to the exchange of uncurrent, Scope of Comments: The Department bent, partial, fused, and mixed coins. 13992. is interested in comments on any DOT Content of Comments: The The last amendment to 31 CFR part 100, regulation or other agency action for Department will review comments subpart C, was on December 20, 2017. consideration regarding consistency, submitted timely to the docket Since then, the United States Mint has with the policies and objectives of E.O. associated with this regulatory review, identified additional portions of the 13990 and E.O. 13992. DOT–OST–2021–0036. To maximize the regulations in need of revision to further usefulness of comments, the Department Dated: April 28, 2021. enhance the integrity of the redemption encourages commenters to provide the John E. Putnam, process for bent and partial United following information: Acting General Counsel. States coins. For many years, the United States 1. Specific reference. A specific [FR Doc. 2021–09239 Filed 5–4–21; 8:45 am] Mint has redeemed bent and partial reference to the regulation or other BILLING CODE P agency action that the commenter coins for full face value. The policy’s believes the Department should objective was always to maintain public consider with respect to the goals of confidence in United States coinage and E.O. 13990 and E.O. 13992. This should DEPARTMENT OF THE TREASURY protect the integrity of the currency by be a citation to the Code of Federal removing coins that were unfit for Regulations, a guidance document United States Mint circulation through general wear and number, or an internet link. A specific tear. However, in recent years, the reference will assist the Department in 31 CFR Part 100 volume of coins submitted for possible identifying the regulation or other Exchange of Coin redemption has greatly increased. agency action, the original source of the Additionally, the condition of many action, and relevant documentation that AGENCY: United States Mint, Department coins submitted for examination may describe the history and effects of of the Treasury. precludes effective authentication. the action. ACTION: Notice of proposed rulemaking. Rather than removing damaged coins 2. Description of effects. A description from general domestic coin circulation, of the effects of the identified regulation SUMMARY: The United States Mint as was the intended purpose, many or other agency action. A comment that proposes to revise its regulations participants are seeking to submit large describes the relationship between the relating to the exchange of uncurrent, quantities of coins that, in some cases, regulation or other agency action and bent, partial, fused, and mixed coins. have already been removed from general the goals of E.O. 13990 and E.O. 13992 The proposed revisions will enhance circulation (e.g., recovered from scrap or is more useful than a comment that the integrity of the redemption process trash processing), or in other cases, are merely asserts that the action is either for bent and partial United States coins extremely difficult to authenticate due consistent or inconsistent with the and prevent fraud. to their condition and volume. Finally,

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there are indicators of current United States Mint has learned of fraud III. Procedural Analysis counterfeit coin fraud schemes aimed at schemes where large amounts of Regulatory Planning and Review the Mutilated Coin Redemption counterfeit coins are manufactured Program, which the revisions are overseas in an attempt to defraud the The Office of Management and Budget specifically designed to deter. The Government. A high percentage of has determined that this proposed rule United States Mint has hired additional counterfeits have been identified in does not constitute a ‘‘significant staff and developed improved imported coins intercepted by law regulatory action’’ under Executive authentication procedures and testing enforcement, as well in as several large Order 12866 or Executive Order 13771. methodology for coin redemptions to submissions to the Mutilated Coin ensure that only genuine U.S. coins are Paperwork Reduction Act Redemption Program. It is extremely accepted for redemption. difficult to trace and verify the chain of In accordance with the Paperwork II. This Proposed Rule custody of coins imported from outside Reduction Act of 1995 (44 U.S.C. 3507(d)) (PRA), the United States Mint The first category of proposed of the United States given that the majority of coins coming from abroad is seeking approval for a new revisions would update and improve the information collection of data and are represented to have been found in efficiency and security of the reporting requirements applicable to scrap that has been processed and sold redemption process for bent and partial participants seeking to redeem bent or multiple times over. Another coins. These revisions would provide partial coins. The proposed collection of notice that the United States Mint will consideration is that such coins have information described in this notice of establish weight and shipment limits for been effectively removed from the proposed rulemaking has been at a maximum of 1,000 lbs. of coins per domestic coin circulation for which the submitted to the Office of Management month per participant. To implement redemption program aims to replace and Budget (OMB) for review in improved testing and authentication bent or partial coins. A prohibition on accordance with the PRA under OMB methods for determining the imported coins reduces the risk of fraud No. 1525–NEW. genuineness of coins, the United States on the program. The proposed revisions Mint will process all future redemptions Comments on the collection of also clarify that coins damaged in information should be sent to the Office at its Philadelphia location, which has industrial processes (such as shredders, new equipment and staff capable of of Management and Budget, Attn: Desk burnishers, incinerators, exposure to performing detailed analyses of coins Officer for the Department of the elevated temperatures), or coins that submitted for redemption. Previously, Treasury, Office of Information and the United States Mint directed have been drilled, punctured, ground, Regulatory Affairs, Washington, DC _ approved bulk redeemers to ship polished, etched, or chemically treated 20503, or via email to OIRA submissions directly to authorized by any industrial or recycling process, [email protected], with copies recyclers. Large shipments sent to our are not eligible for redemption. Such to Mutilated Coin Redemption Program; recyclers created storage and material coins present a high risk of being Manufacturing Directorate; United control issues during the time necessary counterfeit because they are difficult States Mint, 801 9th Street NW, for sampling and authentication before and time-consuming to evaluate and Washington, DC 20220. Comments on melting. A 1,000 lb. limit is necessary to require increased resources to determine the collection of information should be ensure effective controls so that each whether they are genuine. The received by July 6, 2021. submission may be carefully reviewed regulations already require coins to be In accordance with 5 CFR to ensure that only genuine U.S. coinage readily and clearly identifiable as to 1320.8(d)(1), the Department of the is redeemed. Under these limits, genuineness and denomination. The Treasury is soliciting comments from participants are not guaranteed the right proposed revisions seek to provide members of the public concerning this to submit 1,000 lbs. per month. The examples from the United States Mint’s collection of information to: United States Mint Philadelphia experience of coins that by their nature (1) Evaluate whether the proposed facility’s capacity to process mutilated are difficult to evaluate and cannot be collection of information is necessary coins is limited by physical storage ‘‘readily and clearly identifiable’’ as for the proper performance of the capacity, caseload complexity, genuine. functions of the agency, including submission size, and workload. whether the information will have Improved authentication procedures The third category of proposed practical utility; revisions clarifies the roles and extend the time required for sampling (2) Evaluate the accuracy of the and evaluation, and the amount of time responsibilities of the United States agency’s estimate of the burden of the needed to properly authenticate and Mint and participants. For example, the proposed collection of information; then process each submission varies. proposed revisions clarify under what (3) Enhance the quality, utility, and Given the intent of the program, which circumstances a participant will have clarity of the information to be is to allow for the removal of bent or the opportunity to retrieve a rejected collected; and partial coins from circulation (and not shipment, and under what (4) Minimize the burden of the recycling recovered coin from scrap or circumstances an entire submission will trash), the proposed weight limit and collection of information on those who be turned over to law enforcement are to respond, including through the scheduling restrictions propose a authorities. The purpose is to clearly reasonable balance between a use of appropriate automated collection put members of the public on notice of techniques or other forms of information discretionary service offered to the the potential consequences of public to redeem bent or partial coins technology. submitting coins for examination that The form for OMB No. 1525–NEW received in good faith in commerce and are prohibited from redemption. For protection against fraud. proposed in the information collection example, if a submission contains The second category of proposed rulemaking is as follows: revisions would prohibit redemption if counterfeit coins, the United States Mint United States Mint Mutilated Coin a submission contains coins imported will turn the entire submission over to Redemption Program Instructions and from outside of the United States. The law enforcement. Application Form, Mint Form MF 6006:

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The burden of the information proposed revisions seek to provide public wishing to redeem lawfully held collections in this proposed rule is guidance from the United States Mint’s uncurrent coins must deposit the estimated as follows: experience of coins that by their nature uncurrent coins with a bank or other Estimated total annual reporting and/ are difficult to evaluate and cannot be financial institution that will accept or recordkeeping burden: 200 hours. ‘‘readily and clearly identifiable’’ as them, or with a depository institution Estimated average annual burden per genuine. Notwithstanding this that has established a direct customer respondent: 1 hour. certification, the United States Mint relationship with a Federal Reserve Estimated number of respondents: invites comments on the impacts this Bank. A Federal Reserve Bank will 200. rule may have on small entities. redeem uncurrent coins, based on the Estimated annual frequency of policies described in the Federal IV. Request for Comment responses: Annually. Reserve’s Operating Circular 2. Under the PRA, an agency may not Before the proposed revisions to the (c) Criteria for acceptance. Depository conduct or sponsor, and a person is not Treasury Regulations at 31 CFR part institutions that redeem uncurrent coins required to respond to, a collection of 100, subpart C, are adopted as final must sort the coins by denomination information unless it displays a valid regulations, the United States Mint will into packages in accordance with the control number assigned by the Office of consider any comments that are Federal Reserve’s Operating Circular 2. Management and Budget. submitted to the bureau as prescribed in The Federal Reserve Banks have the Regulatory Flexibility Act Analysis this preamble under the DATES and right to reject any shipment containing ADDRESSES sections. The United States It is hereby certified that the proposed objects that are not U.S. coins or any Mint and the Department of the revisions will not have a significant contaminant that could render the Treasury request comments on all economic impact on a substantial uncurrent coins unsuitable for coinage aspects of the proposed revisions to number of small entities. First and metal. these regulations, including the effects (d) Redemption sites. The Federal foremost, the regulations do not directly on stakeholders of the 1,000 lb. monthly Reserve Banks and branches listed in regulate any entities. The redemption of limit and suggestions for alternative § 100.17 are the only authorized uncurrent, bent, or partial coins is a ways to achieve a balance between redemption sites at which a depository discretionary service offered to the providing for the removal of bent or institution that has established a direct public; participation is voluntary. Second, the number of entities partial coins, cost, and prevention of customer relationship with a Federal tendering significant quantities of coins fraud. Reserve Bank may redeem uncurrent coins. for redemption is small. A large number List of Subjects in 31 CFR Part 100 of entities redeeming coins are Coins. § 100.11 Request for examination of bent individuals. A wide variety of or partial coin for possible redemption. businesses, such as municipal entities, Words of Issuance (a) General. Lawfully held bent or recyclers, coin processors, amusement For the reasons set forth in the partial coins of the United States may be parks, auto shops, and waste preamble, the United States Mint submitted to the United States Mint for management companies, also have proposes to amend 31 CFR part 100 as examination in accordance with the applied for coins to be redeemed in the follows: provisions in this subpart. Any past. With the proposed limit of 1,000 submission under this subpart shall be lbs. per month, that is, at most, PART 100—EXCHANGE OF PAPER deemed an acceptance of all provisions equivalent to $240,000 a year. In Fiscal CURRENCY AND COIN of this subpart. Years (FY) 2014, 2013, and 2012, the (b) Definitions. (1) Bent coins are U.S. United States Mint paid only nine ■ 1. The authority for part 100 coins that are bent or deformed so as to entities more than $240,000. In FY 2011, continues to read as follows: preclude normal machine counting but there were 14, and FY 2010 there were Authority: 31 U.S.C. 321. which are readily and clearly 12. With respect to the proposed ban on ■ 2. Subpart C is revised to read as identifiable as to genuineness and coins imported from outside the United follows: denomination. States, about 20 applicants listed (2) Partial coins are U.S. coins that are ‘‘overseas’’ as the source of their coins Subpart C—Request for Examination not whole; partial coins must be readily on their applications submitted from of Coin for Possible Redemption and clearly identifiable as to 2018 to 2019. With respect to the genuineness and denomination. proposed ban on coins that have been Sec. (3) Participants are individuals or through industrial processes, about 20 100.10 Request for examination of businesses that submit coins through applicants listed ‘‘recycling’’ as the uncurrent coin for possible redemption. the redemption process. source of their coins on their 100.11 Request for examination of bent or (c) Redemption process. (1) partial coin for possible redemption. applications submitted from 2018 to 100.12 Exchange of fused or mixed coin. Depending on submission amount and 2019. 100.13 Notices. frequency, participants may be subject Even if each entity qualified as a to a certification process by the United ‘‘small entity’’ within the meaning of 5 § 100.10 Request for examination of States Mint. The established annual U.S.C. 605(b), based on a review of past uncurrent coin for possible redemption. weight threshold and details about the applications as described above, the (a) Definition. Uncurrent coins are participant certification process will be United States Mint does not believe that whole U.S. coins that are merely worn published on the United States Mint’s the proposed revisions are likely to have or reduced in weight by natural abrasion website. If certification is required, it a significant economic impact. The yet are readily and clearly recognizable must be completed prior to submission. proposed rule does not change the as to genuineness and denomination (2) All submissions for review shall redemption rates. Moreover, the and which are machine countable. include an estimate of the value of the regulations already require coins to be (b) Redemption process. The United coins and an explanation of how the readily and clearly identifiable as to States Mint will not accept uncurrent submission came to be bent or partial. genuineness and denomination. The coins for redemption. Members of the The submission should also contain the

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bank account number and routing participant will be notified to retrieve § 100.12 Exchange of fused or mixed coin. number for a checking or savings the entire submission, at the (a) Definitions. (1) Fused coins are account at a bank or other financial participant’s sole expense, within 30 U.S. coins that are melted to the extent institution (such as a mutual fund, days. If the submission is not retrieved that they are bonded together. brokerage firm, or credit union) in the in a timely manner, the entire (2) Mixed coins are U.S. coins of United States. submission will be treated as several alloy categories that are (3) Participants will be required to voluntarily abandoned property, presented together, but are readily and provide information for how the pursuant to 41 CFR 102–41.80, and will clearly identifiable as U.S. coins. participant came into custody of the be retained or disposed of by the United (b) Fused and mixed coins. The bent or partial coins. The United States States Mint. United States Mint will not accept fused Mint reserves the right to request (10) The Director of the United States coins for redemption. The United States additional information. Mint, or designee, shall have final Mint will not accept mixed coins for (4) The United States Mint reserves authority with respect to all aspects of redemption, except as provided for in the right to test samples from any redemptions of bent or partial coin § 100.11(d)(2). submission to authenticate the submissions. genuineness of the coins. The size of the (d) Redemption rates—(1) Generally. § 100.13 Notices. sample will be limited to the amount Participants shall separate bent or (a) Additional information and necessary for authentication. Testing partial coins by denomination in lots of procedures about the United States may result in partial or complete at least one pound for each Mint’s redemption of bent or partial destruction of the sample. denomination category. The United coins can be found on the United States (5) The United States Mint reserves States Mint will redeem bent or partial Mint’s website. the right to conduct site visits to verify coins on the basis of their weight and (b) Criminal penalties connected with information provided to the United denomination at the following rates: the defacement or mutilation of U.S. States Mint. (i) One-Cent Coins: $1.4585 per coins are provided in 18 U.S.C. 331. (6) Each participant is limited to pound. (c) Notwithstanding any other submitting no more than 1,000 lbs. of (ii) 5-Cent Coins: $4.5359 per pound. provision of this subpart, the Director of coins per month. (iii) Dime, Quarter-Dollar, and Half- the United States Mint may provide (7) No redemption will be made Dollar Coins: $20.00 per pound. information pertaining to any bent or when: (iv) $1 Coins: $20.00 per pound. partial coin submissions, or turn over (i) A submission contains any (2) Exceptions. (i) The United States the entire submission, to law counterfeit coins; Mint will redeem one-cent coins enforcement officials or other third (ii) A submission demonstrates a inscribed with a year after 1982 at the parties for purposes of investigating pattern of systematic or intentional rate set forth at paragraph (d)(1)(i) of related criminal activity or for purposes mutilation or demonstrates an attempt this section unless such one-cent coins of seeking a civil judgment. to defraud the United States; are presented unmixed from one-cent (d) Whoever intentionally files a false (iii) A submission appears to be part coins inscribed with a year before 1983. claim seeking reimbursement for of, or intended to further, any criminal The United States Mint will redeem uncurrent, bent, or partial coins may be activity; unmixed one-cent coins inscribed with held criminally liable under a number (iv) A submission contains a material of statutes including 18 U.S.C. 287 and misrepresentation of facts; a year after 1982 at a rate of $1.8100 per pound. 18 U.S.C. 1341 and may be held civilly (v) Material presented is not liable under 31 U.S.C. 3729, et seq. identifiable as United States coins; (ii) The United States Mint will (vi) A submission contains any redeem $1 coins inscribed with a year John F. Schorn, contaminant that could render the coins after 1978 at the rate set forth at Chief Counsel, United States Mint. paragraph (d)(1)(iv) of this section unsuitable for coinage metal or contains [FR Doc. 2021–09338 Filed 5–4–21; 8:45 am] unless such $1 coins are presented hazardous materials; BILLING CODE 4810–37–P (vii) A submission contains more than unmixed from $1 coins inscribed with a nominal amount of uncurrent coins; a year before 1979. The United States (viii) A submission contains coins Mint will redeem unmixed $1 coins DEPARTMENT OF HOMELAND imported from outside of the United inscribed with a year after 1978 at a rate SECURITY States; or of $56.00 per pound. (e) Redemption sites. Coins are (ix) A submission, contains coins Coast Guard damaged in industrial or recycling shipped at the sender’s risk of loss and expense. processes (such as shredders, 33 CFR Part 117 burnishers, incinerators, exposure to (1) Bent and partial coins submitted elevated temperatures), or coins that in quantities less than or equal to a [Docket No. USCG–2020–0033] have been drilled, punctured, ground, threshold established annually by the polished, etched, or chemically treated. United States Mint will be redeemed RIN 1625–AA09 (8) If redemption is denied on the only at the United States Mint at Drawbridge Operation Regulation: basis of paragraph (c)(7)(i), (ii), (iii), or Philadelphia, P.O. Box 400, Rainy River, Rainy Lake and Their (iv) of this section, the entire Philadelphia, PA 19105. Tributaries, Rainier, MN submission will be turned over to law (2) Bent and partial coins submitted enforcement authorities. Counterfeit in quantities greater than a threshold AGENCY: Coast Guard, DHS. coins and the entire submission may be established annually should be ACTION: Notice of proposed rulemaking. subject to forfeiture under 18 U.S.C. scheduled with the United States Mint, 492. and the participant may be required to SUMMARY: The Coast Guard proposes to (9) If redemption is denied on the send the shipment directly to the authorize the Canadian National basis of paragraph (c)(7)(v), (vi), (vii), authorized recycler(s) of the United Railroad Bridge, mile 85.0, across the (viii), or (ix) of this section, the States Mint. Rainy River to operate remotely. The

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request was made by the bridge owner. A. Regulatory Planning and Review question or complain about this The bridge will continue to open on Executive Orders 12866 and 13563 proposed rule or any policy or action of signal. direct agencies to assess the costs and the Coast Guard. DATES: Comments and related material benefits of available regulatory C. Collection of Information must reach the Coast Guard on or before alternatives and, if regulation is This proposed rule would call for no July 6, 2021. necessary, to select regulatory new collection of information under the ADDRESSES: You may submit comments approaches that maximize net benefits. Paperwork Reduction Act of 1995 (44 identified by docket number USCG– Executive Order 13771 directs agencies U.S.C. 3501–3520.). 2020–0033 using Federal e-Rulemaking to control regulatory costs through a Portal at http://www.regulations.gov. budgeting process. This NPRM has not D. Federalism and Indian Tribal See the ‘‘Public Participation and been designated a ‘‘significant Governments Request for Comments’’ portion of the regulatory action,’’ under Executive A rule has implications for federalism SUPPLEMENTARY INFORMATION section Order 12866. Accordingly, the NPRM under Executive Order 13132, if it has below for instructions on submitting has not been reviewed by the Office of a substantial direct effect on the States, comments. Management and Budget (OMB) and on the relationship between the national pursuant to OMB guidance; it is exempt government and the States, or on the FOR FURTHER INFORMATION CONTACT: If from the requirements of Executive you have questions on this proposed distribution of power and Order 13771. responsibilities among the various rule, call or email Mr. Lee D. Soule, This proposed rule intends to allow Bridge Management Specialist, Ninth levels of government. We have analyzed the bridge to be operated remotely. All this proposed rule under that Order and Coast Guard District; telephone 216– other conditions in 33 CFR 117.664 902–6085, email [email protected]. have determined that it is consistent shall remain. with the fundamental federalism SUPPLEMENTARY INFORMATION: B. Impact on Small Entities principles and preemption requirements I. Table of Abbreviations described in Executive Order 13132. The Regulatory Flexibility Act of 1980 Also, this proposed rule does not have CFR Code of Federal Regulations (RFA), 5 U.S.C. 601–612, as amended, tribal implications under Executive DHS Department of Homeland Security requires federal agencies to consider the Order 13175, Consultation and FR Federal Register potential impact of regulations on small OMB Office of Management and Budget Coordination with Indian Tribal entities during rulemaking. The term Governments, because it would not have NPRM Notice of Proposed Rulemaking ‘‘small entities’’ comprises small (Advance, Supplemental) a substantial direct effect on one or § Section businesses, not-for-profit organizations more Indian tribes, on the relationship U.S.C. United States Code that are independently owned and between the Federal Government and operated and are not dominant in their Indian tribes, or on the distribution of II. Background, Purpose and Legal fields, and governmental jurisdictions Basis power and responsibilities between the with populations of less than 50,000. Federal Government and Indian tribes. Rainy River and Rainy Lake serve as The Coast Guard certifies under 5 U.S.C. If you believe this proposed rule has the border between the United States of 605(b) that this proposed rule would not implications for federalism or Indian America and Canada. This bridge is a have a significant economic impact on tribes, please contact the person listed single leaf, bascule type railroad bridge a substantial number of small entities. in the FOR FURTHER INFORMATION that provides a horizontal clearance of While some owners or operators of CONTACT section. 125 feet. The water level on Rainy Lake vessels intending to transit the bridge and under the bridge is controlled by a may be small entities, for the reasons E. Unfunded Mandates Reform Act hydro-electric dam facility at stated in section IV.A above this The Unfunded Mandates Reform Act International Falls, Minnesota, thus proposed rule would not have a of 1995 (2 U.S.C. 1531–1538) requires charted datum is based on the water significant economic impact on any Federal agencies to assess the effects of level surface of Rainy Lake when the vessel owner or operator. their discretionary regulatory actions. In gauge at Fort Frances, Canada reads If you think that your business, particular, the Act addresses actions 1107.0 feet resulting in a variable organization, or governmental that may result in the expenditure by a vertical clearance of 6 to 10 feet in the jurisdiction qualifies as a small entity State, local, or tribal government, in the closed position. The railroad bridge and that this rule would have a aggregate, or by the private sector of carries significant train traffic across the significant economic impact on it, $100,000,000 (adjusted for inflation) or international border. Rainer, Minnesota please submit a comment (see more in any one year. Though this is a customs port-of-entry. ADDRESSES) explaining why you think it proposed rule will not result in such an qualifies and how and to what degree expenditure, we do discuss the effects of III. Discussion of Proposed Rule this rule would economically affect it. this proposed rule elsewhere in this On April 8, 2020, we published a Under section 213(a) of the Small preamble. Temporary Deviation with request for Business Regulatory Enforcement comments in FR 2020–06822 and we Fairness Act of 1996 (Pub. L. 104–121), F. Environment did not receive any comments. we want to assist small entities in We have analyzed this rule under understanding this proposed rule. If the Department of Homeland Security IV. Regulatory Analyses rule would affect your small business, Management Directive 023–01, Rev. 1, We developed this proposed rule after organization, or governmental associated implementing instructions, considering numerous statutes and jurisdiction and you have questions and Environmental Planning Policy Executive Orders related to rulemaking. concerning its provisions or options for COMDTINST 5090.1 (series), which Below we summarize our analyses compliance, please contact the person guide the Coast Guard in complying based on these statutes and Executive listed in the FOR FURTHER INFORMATION with the National Environmental Policy Orders and we discuss First CONTACT. The Coast Guard will not Act of 1969 (NEPA) (42 U.S.C. 4321– Amendment rights of protestors. retaliate against small entities that 4370f). The Coast Guard has determined

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that this action is one of a category of website’s instructions. Additionally, if DEPARTMENT OF THE INTERIOR actions that do not individually or you go to the online docket and sign up cumulatively have a significant effect on for email alerts, you will be notified Fish and Wildlife Service the human environment. This proposed when comments are posted or a final rule promulgates the operating rule is published. 50 CFR Part 17 regulations or procedures for List of Subjects in 33 CFR Part 117 [Docket No. FWS–R8–ES–2020–0074; drawbridges. Normally such actions are FF09E22000 FXES11130900000 201] categorically excluded from further Bridges. review, under paragraph L49, of Chapter RIN 1018–BE73 3, Table 3–1 of the U.S. Coast Guard For the reasons discussed in the Endangered and Threatened Wildlife Environmental Planning preamble, the Coast Guard proposes to and Plants; Removing Five Species Implementation Procedures. amend 33 CFR part 117 as follows: Neither a Record of Environmental From San Clemente Island From the Federal Lists of Endangered and Consideration nor a Memorandum for PART 117—DRAWBRIDGE Threatened Wildlife and Plants the Record are required for this rule. We OPERATION REGULATIONS seek any comments or information that AGENCY: Fish and Wildlife Service, may lead to the discovery of a ■ 1. The authority citation for part 117 Interior. significant environmental impact from continues to read as follows: ACTION: Proposed rule. this proposed rule. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; SUMMARY: G. Protest Activities We, the U.S. Fish and DHS Delegation No. 0170.1. Wildlife Service (Service or USFWS), The Coast Guard respects the First ■ 2. Revise § 117.664 to read as follows: propose to remove the San Clemente Amendment rights of protesters. Bell’s sparrow (Artemisiospiza belli Protesters are asked to contact the § 117.664 Rainy River, Rainy Lake and clementeae) (formerly known as the San person listed in the FOR FURTHER their tributaries. Clemente sage sparrow, Amphispiza INFORMATION CONTACT section to belli clementeae), San Clemente Island The draw of the Canadian National coordinate protest activities so that your bush-mallow (Malacothamnus Bridge, mile 85.0, at Rainer, may operate message can be received without clementinus), San Clemente Island jeopardizing the safety or security of remotely, and shall open on signal; paintbrush (Castilleja grisea), San people, places or vessels. except that, from October 16 to April 30, Clemente Island lotus (Acmispon the draw shall open on signal if at least dendroideus var. traskiae), and San V. Public Participation and Request for 12-hours advance notice is provided. Comments Clemente Island larkspur (Delphinium The commercial phone number to variegatum ssp. kinkiense) from the We view public participation as provide advance notice shall be posted Federal Lists of Endangered and essential to effective rulemaking, and on the bridge so that it is plainly visible Threatened Wildlife and Plants (Lists). will consider all comments and material to vessel operators approaching the up The bird species and four plant species received during the comment period. or downstream side of the bridge. The occur only on San Clemente Island, one Your comment can help shape the owners of the bridge shall provide and of the Channel Islands off the southern outcome of this rulemaking. If you keep in good legible condition two coast of California. The proposed submit a comment, please include the board gauges painted white with black delistings are based on our evaluation of docket number for this rulemaking, figures to indicate the vertical clearance the best available scientific and indicate the specific section of this under the closed draw at all water commercial information, which document to which each comment indicates that the species’ statuses have applies, and provide a reason for each levels. The gauges shall be so placed on the bridge that they are plainly visible improved and threats to the species suggestion or recommendation. have been eliminated or reduced to the We encourage you to submit to operators of vessels approaching the point that the species have recovered comments through the Federal bridge either up or downstream. The and no longer meet the definitions of eRulemaking Portal at https:// bridge shall operate and maintain a either endangered or threatened species www.regulations.gov. If your material VHF–FM Marine Radio. under the Endangered Species Act of cannot be submitted using https:// Dated: April 2, 2021. 1973, as amended (Act). If this proposal www.regulations.gov, contact the person D.L. Cottrell, is finalized, these species will be in the FOR FURTHER INFORMATION Rear Admiral, U.S. Coast Guard, Commander, removed from the Lists. CONTACT section of this document for Ninth Coast Guard District. alternate instructions. DATES: We will accept comments We accept anonymous comments. All [FR Doc. 2021–09003 Filed 5–4–21; 8:45 am] received or postmarked on or before July comments received will be posted BILLING CODE 9110–04–P 6, 2021. We must receive requests for without change to https:// public hearings, electronically, using www.regulations.gov and will include the Federal eRulemaking Portal (see any personal information you have ADDRESSES, below) by June 21, 2021. provided. For more about privacy and ADDRESSES: You may submit comments submissions in response to this by one of the following methods: document, see DHS’s eRulemaking (1) Electronically: Go to the Federal System of Records notice (85 FR 14226, eRulemaking Portal: http:// March 11, 2020). www.regulations.gov. In the Search box, Documents mentioned in this NPRM enter FWS–R8–ES–2020–0074, which is as being available in this docket and all the docket number for this rulemaking. public comments, will be in our online Then, click on the Search button. On the docket at https://www.regulations.gov resulting page, in the Search panel on and can be viewed by following that the left side of the screen, under the

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Document Type heading, check the modification, or curtailment of its protections of the Act (16 U.S.C. 1531 et Proposed Rule box to locate this habitat or range; (B) overutilization for seq.) are removed. document. You may submit a comment commercial, recreational, scientific, or (6) Current or planned activities by clicking on ‘‘Comment Now!’’ educational purposes; (C) disease or within the geographic range of these Comments submitted electronically predation; (D) the inadequacy of species that may have adverse or must be received by 11:59 p.m. Eastern existing regulatory mechanisms; or (E) beneficial impacts on the species. Time on the closing date. other natural or manmade factors (7) Any planned change in military (2) By hard copy: Submit by U.S. mail affecting its continued existence. We training, infrastructure needs, or land to: Public Comments Processing, Attn: have determined that the threats to each use on San Clemente Island that may FWS–R8–ES–2020–0074, U.S. Fish and of these species have been reduced or affect the species. Wildlife Service, MS: PRB/3W, 5275 eliminated so that the species are no (8) Considerations for post-delisting Leesburg Pike, Falls Church, VA 22041– longer in danger of extinction now or in monitoring, including monitoring 3803. the foreseeable future and, therefore, do protocols and length of time monitoring We request that you send comments not meet the definitions of endangered is needed, as well as triggers for only by the methods described above. species or threatened species under the reevaluation. We will post all comments on http:// Act. Please include sufficient information with your submission (such as scientific www.regulations.gov. This generally These species occur only on San journal articles or other publications) to means that we will post any personal Clemente Island, one of the Channel allow us to verify any scientific or information you provide us (see Public Islands off the southern coast of Comments, below, for more commercial information you include. California. The entire island is owned Please note that submissions merely information). and managed by the U.S. Department of stating support for, or opposition to, the Document availability: This proposed the Navy (Navy). Historically, nonnative action under consideration without rule and supporting documents, herbivores (goats, sheep, pigs, cattle, providing supporting information, including the recovery plan, draft post- mule deer) severely degraded habitat on although noted, do not provide delisting monitoring plan, and species San Clemente Island, leading to the substantial information necessary to status assessment (SSA) reports, are decline of endemic species. Since support a determination. Section available at https://ecos.fws.gov/ecp/ removal of these nonnative herbivores, 4(b)(1)(A) of the Act directs that and at http://www.regulations.gov under the plant communities on San Clemente determinations as to whether any Docket No. FWS–R8–ES–2020–0074. Island have been recovering. Removal of species is an endangered species or a FOR FURTHER INFORMATION CONTACT: nonnative herbivores, along with threatened species must be made Scott Sobiech, Field Supervisor, restoration and management actions by ‘‘solely on the basis of the best scientific Carlsbad Fish and Wildlife Office, 2177 the Navy, have led to the recovery of and commercial data available.’’ Salk Avenue, Suite 250, Carlsbad, CA these five species to the point that they Because we will consider all 92008; telephone 760–431–9440. no longer require protections under the comments and information we receive Persons who use a telecommunications Act. during the comment period, our final device for the deaf (TDD) may call the Information Requested determinations may differ from this Federal Relay Service at 800–877–8339. proposal. Based on the new information SUPPLEMENTARY INFORMATION: We intend that any final action we receive (and any comments on that resulting from this proposed rule will be new information), we may conclude that Executive Summary based on the best scientific and one or more of the species should Why we need to publish a rule. Under commercial data available and be as remain listed as endangered or the Act, a species may warrant removal accurate and as effective as possible. threatened instead of being removed from the Federal Lists of Endangered Therefore, we request comments or from the Lists, we may conclude that and Threatened Wildlife and Plants (i.e., information from other concerned one or more of the species should be ‘‘delisting’’) if it no longer meets the governmental agencies, Native reclassified from an endangered species definition of an endangered species or a American tribes, the scientific to a threatened species, or we may threatened species. Delisting a species community, industry, or any other conclude that one or more of the species can only be completed by issuing a rule. interested parties concerning this should be reclassified from a threatened What this document does. We proposed rule. to an endangered species. propose to remove San Clemente Bell’s We particularly seek comments You may submit your comments and sparrow (Artemisiospiza belli concerning: materials concerning this proposed rule clementeae) (formerly known as the San (1) Reasons we should or should not by one of the methods listed in Clemente sage sparrow, Amphispiza remove (delist) any of these species ADDRESSES. We request that you send belli clementeae), San Clemente Island from the Lists. comments only by the methods bush-mallow (Malacothamnus (2) New information on the historical described in ADDRESSES. clementinus), San Clemente Island and current status, genetics, range, If you submit information via http:// paintbrush (Castilleja grisea), San distribution, and population size of www.regulations.gov, your entire Clemente Island lotus (Acmispon these species. submission—including any personal dendroideus var. traskiae), and San (3) New information on the known identifying information—will be posted Clemente Island larkspur (Delphinium and potential threats to the species, on the website. If your submission is variegatum ssp. kinkiense) from the including fire and changes in made via a hardcopy that includes Federal Lists of Endangered and precipitation. personal identifying information, you Threatened Wildlife and Plants (Lists). (4) New information regarding the life may request at the top of your document The basis for our action. Under the history, ecology, and habitat use of the that we withhold this information from Act, we may determine that a species is species. public review. However, we cannot an endangered or threatened species (5) The extent of protection and guarantee that we will be able to do so. because of any of five factors: (A) The management that would be provided by We will post all hardcopy submissions present or threatened destruction, the Navy to the five species if the on http://www.regulations.gov.

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Comments and materials we receive, in addition to the Federal Register. The Quality Bulletin for Peer Review as well as supporting documentation we use of virtual public hearings is (revised June 2012), we solicited used in preparing this proposed rule, consistent with our regulations at 50 independent scientific reviews of the will be available for public inspection CFR 424.16(c)(3). information contained in each of the on http://www.regulations.gov. Supporting Documents SSA reports. Table 1, below, indicates the number of independent peer Public Hearing Species status assessment (SSA) reviewers we sent each SSA report to Section 4(b)(5) of the Act provides for reports for the five species were and the number of responses we a public hearing on this proposal, if prepared by Texas A&M Natural requested. Requests must be received by Resources Institute, in cooperation with received. You may view the peer review the date specified in DATES. Such the Service’s San Clemente Island SSA responses we received at http:// requests must be sent electronically, team and the Navy. The SSA reports www.regulations.gov under Docket No. using the Federal eRulemaking Portal represent a compilation of the best FWS–R8–ES–2020–0074. The SSA (see ADDRESSES, above). We will scientific and commercial data available reports were also submitted to our schedule a public hearing on this concerning the status of these species, Federal and State partners for scientific proposal, if requested, and announce including the impacts of past, present, review, but we did not receive any the date, time, and place of the hearing, and future factors (both negative and comments. The Navy helped with as well as how to obtain reasonable beneficial) affecting the species. development of the SSAs and, therefore, accommodations, in the Federal In accordance with our July 1, 1994, did not comment on the drafts. We Register and local newspapers at least peer review policy (59 FR 34270; July 1, incorporated the results of the peer 15 days before the hearing. For the 1994), our August 22, 2016, Director’s reviews in the final SSA reports, as immediate future, we will provide Memo on the Peer Review Process, and appropriate, which are the foundation public hearings using webinars that will the Office of Management and Budget’s for this proposed rule. be announced on the Service’s website, December 16, 2004, Final Information

TABLE 1—NUMBER OF PEER REVIEWS REQUESTED AND RESPONSES

Number peer Number peer review Species reviews responses requested received

San Clemente Bell’s sparrow ...... 5 4 San Clemente Island paintbrush ...... 3 2 San Clemente Island lotus ...... 3 1 San Clemente Island larkspur ...... 4 2 San Clemente Island bush-mallow ...... 5 3

Previous Federal Actions distribution, or range of any of these On May 18, 2010, we received a All five species were originally listed species from what it was at the time of petition from the Pacific Legal under the Act on August 11, 1977 (42 listing. In the remainder of this Foundation requesting that the Service FR 40682). The four plant species were proposed rule, we will refer to the delist or downlist six species, including listed as endangered species, while the species by their currently accepted San Clemente Island paintbrush, San sparrow was listed as a threatened common names. Clemente Island lotus, and San species. No critical habitat has been The Recovery Plan for Endangered Clemente Island bush-mallow. The designated for any of the five species. and Threatened Species of the subsequent status reviews resulted in The taxonomies of the species have California Channel Island, which downlisting the San Clemente Island undergone revisions since the species included the five species that are the paintbrush and San Clemente Island were first listed, so that some are now subject of this proposed rule, was lotus from endangered to threatened (78 referred to by different scientific and finalized in 1984 (USFWS 1984, pp. 1– FR 45406; July 26, 2013) as indicated common names. Table 2, below, 165). Five-year status reviews were below in Table 2. San Clemente Island indicates the scientific and common completed for each of these taxa and bush-mallow was not reclassified at the names under which the species were recommended reclassification from time because of uncertainty regarding originally listed as well as their endangered to threatened species for all the status of several occurrences that four of the plant taxa (USFWS 2007a, currently accepted scientific names. made up a large proportion of its range USFWS 2007b, USFWS 2007c, USFWS These taxonomic and nomenclatural (77 FR 29078; May 16, 2012). revisions have not altered the definition, 2008).

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We published notices of initiation of July 26, 2019; 85 FR 4692, January 27, details can be found using the Service’s periodic status reviews for the five 2020); this document serves as Environmental Conservation Online species required under section 4(c)(2) of completion of those status reviews. The System (ECOS): https://ecos.fws.gov/. the Act in 2019 and 2020 (84 FR 36116, referenced documents and additional

TABLE 2—SUMMARY OF PREVIOUS FEDERAL ACTIONS [An * indicates the common and scientific names of these taxa as they currently appear on the Lists at 50 CFR 17.11 and 17.12.]

Species

Common and scientific names San Clemente sage San Clemente Is- San Clemente San Clemente Is- San Clemente Is- at time of listing (1977). sparrow. land indian paint- broom. land larkspur. land bushmallow (Amphispiza belli brush. (Lotus scoparius (Delphinium (Malacothamnus clementae)*. (Castilleja grisea) ... ssp. traskiae). kinkiense). clementinus) Original listing status ...... T ...... E ...... E ...... E ...... E 5-Year status review date and August 13, 2009; September 24, September 24, March 31, 2008; September 28, recommendation. No change. 2007; downlist to 2007; downlist to downlist to threat- 2007; downlist to threatened. threatened. ened. threatened 12-month findings and reclassi- ...... Final downlisting: Final downlisting: ...... 12-month finding, fications. July 26, 2013 (78 July 26, 2013 (78 not warranted for FR 45406). FR 45406). reclassification: May 16, 2012 (77 FR 29078) Currently accepted common San Clemente Bell’s San Clemente Is- San Clemente Is- San Clemente Is- San Clemente Is- and scientific names. sparrow. land paintbrush. land lotus. land larkspur. land bush-mallow (Artemisiospiza belli (Castilleja grisea)* (Acmispon (Delphinium (Malacothamnus clementeae). dendroideus var. variegatum ssp. clementinus)* traskiae)*. kinkiense)*. Current listing status ...... T ...... T ...... T ...... E ...... E

Proposed Delisting Determinations (Navy 2013a, p. 3.11). Average monthly complete white eye rings, and Background relative humidity varies from 54 to 86 distinctive white and black malar percent depending on location and time stripes. It is approximately 5.1–5.9 in Overview of San Clemente Island of year, and the island experiences (13–15 cm) long, and weighs, on The five species addressed in this dramatic fluctuations in annual rainfall, average, 0.59 ounces (16.8 grams) proposed rule are endemic to San averaging 6.6 inches (in) (16.8 (Martin and Carlson 1998, p. 2; Turner Clemente Island, the southernmost centimeters (cm)) (Navy 2013a, pp. 3.11, et al. 2005, p. 27). island of the California Channel Islands, 3.13). Precipitation is received mainly The San Clemente (SC) Bell’s sparrow located 64 miles (mi) (103 kilometers from November through April, with has been close to extinction, with a low (km)) west of San Diego, California. The little from May through October. In of 38 individual adults reported in 1984 island is approximately 56 square mi addition to precipitation, fog drip (Hyde 1985, p. 30). The population was (145 square km, 36,073 acres (ac), or during the typical dry season is a vital estimated to be 316 in 1981, 38 in 1984, 14,598 hectares (ha)) (Junak and Wilken source of moisture to the San Clemente and 294 in 1997 (Beaudry et al. 2003, 1998, p. 2) and is long and narrow: 21 Island (SCI) ecosystem (Navy 2013a, pp. pp. 1–2). Some of this population mi (34 km) long by 1.5 mi (2.4 km) wide 3.9, 3.13). The central plateau is fluctuation may be related to differences at the north end, and 4 mi (6.4 km) wide characterized mainly by native and in survey methods and areas surveyed at the south end (USFWS 1984, p. 5). nonnative grassland communities. (Kaiser et al. 2008, pp. 31–33). In order The island consists of a relatively broad Marine terraces on the western side of to more accurately estimate distribution open plateau that slopes gently to the the island support maritime desert scrub and population size, SC Bell’s sparrow west. Conspicuous marine terraces line communities, and the steep eastern breeding season surveys were the western slope of the island, while escarpment supports grassland and redesigned in 2012 (Meiman et al. 2019, steep escarpments drop precipitously to sagebrush communities. Deep canyons pp. 3–4) and implemented island-wide the rocky coastline on the eastern side that incise both the east and the west in 2013, resulting in an island-wide along the southern 75 percent of its sides of the island support limited estimate of 4,534 adult sparrows (2,267 coastline. Many canyons, some of which canyon woodland communities. pairs). The population estimates have are up to 500 feet (ft) (152 meters (m)) consistently been over 4,000 adults San Clemente Bell’s Sparrow deep, dissect the southern part of the since 2013 (4,194–7,656) (USFWS island. Mount Thirst, the highest point A thorough review of the taxonomy, 2020a, p. 25). on the island, rises to approximately life history, and ecology of the San At listing, the SC Bell’s sparrow was 1,965 ft (599 m) (Navy 2013a, p. 1.4). Clemente Bell’s sparrow is presented in primarily distributed within the lower San Clemente Island is located in a the SSA report (USFWS 2020a). The San marine terraces along the northwestern Mediterranean climatic regime with a Clemente Bell’s sparrow portion of SCI, in the maritime desert significant maritime influence. Average (Artemisiospiza belli clementeae; scrub plant communities, mostly monthly temperatures range from 58 Chesser et al. 2012), formerly called the dominated by boxthorn (Willey 1997, p. degrees Fahrenheit (°F) (14 degrees San Clemente sage sparrow, is a non- 219). However, the SC Bell’s sparrow Celsius (°C)) to 66 °F (19 °C), with a migratory subspecies of Bell’s sparrow has more recently been found widely monthly maximum temperature of 72 °F endemic to San Clemente Island, across the island, bringing recent (27 °C) in August and a monthly California. It is a grayish-brown colored estimates of potential available habitat minimum of 51 °F (10 °C) in December sparrow with a small dark breast spot, from approximately 4,196 ha (10,369

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acres) in 2009 (USFWS 2009, p. 8) to (Meiman et al. 2019, pp. 2–4). It is likely types. While sparrows may be found in approximately 13,132 ha (32,449 acres, that sparrows used boxthorn as a refuge some habitat strata mapped as almost 90 percent of the island) and started using other substrates before grasslands, many grassland areas do not (Meiman et al. 2018, p. 5). As the native we recognized them as nesting habitat. support SC Bell’s sparrow, likely due in habitats recovered following the While the SC Bell’s sparrow is now part to the lack of shrub cover. removal of the nonnative grazing and distributed widely across the island (see BILLING CODE 4333–15–P browsing animals, the distribution of SC Figure 1, below), its density varies Bell’s sparrow expanded on SCI greatly spatially and among vegetation

Bird Rock Nerti) Head I Northwest Whale Point

Pyramid Head

China Canyon Chanetll Canyon

San Clemente Bell'a Sparrow {Artem/slosplra bel/f clementeae) 2019 Breeding Season Survey Strata Density Eatimates 0.04 • 0.05 lerritory/ha • O.l-.0.191erritorylha • 0.3 lerritory/ha

• 0.37 territory/ha U.S. FiihandW!lrlti» SOl'llieic C$mbi!ldFishendWl:1dUfiJ)Officc ~t Shore Bombardment Area Boundary Mnp Dal$: JWG2, 2020 !:Mia Sourte: U$f-W$, USN, TultllsA$,M S:\stem\eh1ilJe1flltl,l:$\SCl8ehSJ)IITOW FRmxd

Figure 1. Map showing distribution of San Clemente Bell's sparrow.

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Boxthorn habitat is still considered 1998, p. 9; Kaiser et al. 2008, p. 36). SC of the island and two additional high-quality habitat, although moderate Bell’s sparrows express site fidelity each locations of two to three small plants in to high population densities are also nesting season, and juveniles disperse China Canyon on the southern end of found in sagebrush and shrub habitat from the natal area during their first the island were known (42 FR 40682, near canyons and along the steep winter. August 11, 1977, p. 40683; USFWS eastern slope. SC Bell’s sparrows are Amounts and distribution of rainfall 1984, p. 48). Since listing, new locations present in significantly lower densities affect the timing and extent of of SCI bush-mallow have been in mixed shrub, cactus, and grassland vegetation growth and flowering. During discovered among the generally (grass/herb) habitats along the central drought years, SC Bell’s sparrows may southwesterly facing coastal terraces plateau (Meiman et al. 2018, p. 18). The not reproduce at all or a subset of the and their associated escarpments in the west shore boxthorn habitat, where the population may suppress breeding southern and middle regions of SCI species was originally described, (Kaiser et al. 2007, p. iv; Stahl et al. (Junak and Wilken 1998, pp. 1–416, remains densely occupied and is thus 2010, p. 48; Meiman et al. 2019, p. 35), Geographic Information System (GIS) which can, but does not always, result important to the species. data; Junak 2006, pp. 1–176, GIS data; SC Bell’s sparrows inhabit most plant in depressed populations following Tierra Data Inc. 2008, pp. 1–24, communities on SCI, including drought years. SC Bell’s sparrows appendices and GIS data; San Diego Maritime Desert Scrub in Lycium appear to respond to favorable (boxthorn) phase, Opuntia (prickly pear) precipitation patterns and resulting State University Soil Ecology and phase, and Cylindropuntia (cholla) conditions by producing multiple Restoration Group (SERG) 2010a and phase; Maritime sage scrub; canyon clutches, which typically drive 2010b, GIS data). Most of the known shrubland/woodland; and grasslands population numbers up in years that locations occur throughout the (USFWS 2020a, pp. 20–21). Within follow ‘‘good’’ precipitation years southwestern region of the island. The these plant communities, SC Bell’s (Kaiser et al. 2007, p. iv; Stahl et al. main southern distribution of SCI bush- sparrows show an affinity for areas 2010, p. 50). However, while there is a mallow is disconnected from the Lemon dominated by shrubs and cacti (Opuntia relationship between reproductive Tank Canyon locality by approximately spp.). SC Bell’s sparrows demonstrate a output and rainfall, the impacts of 4 mi (6.4 km). Many of these new positive association with structural droughts of varying duration and locations have been documented since shrub cover (Meiman et al. 2015a, p. severity on the population are unclear, feral mammals were removed, 33), as they typically use shrubs for and the mechanisms driving these suggesting that plants may have nesting substrate and use the gaps relationships are unknown (USFWS reemerged from underground stems that between and area underneath shrubs for 2020a, pp. 58–63). survived grazing by feral herbivores foraging. The abundance of shrubs, (Junak 2006, pers. comm. in 77 FR San Clemente Island Bush-Mallow including boxthorn, has been positively 29078, May 16, 2012, p. 29086), correlated with sparrow density (Turner A thorough review of the taxonomy, although experts doubt that rhizomes 2009, pp. 53–54). High grass cover has life history, and ecology of the San would be able to store enough energy to been correlated with lower sparrow Clemente Island bush-mallow is sprout after a long period of dormancy densities and larger territory sizes, presented in the SSA report (USFWS without sending up shoots in the which may indicate that grasses are not 2020b). San Clemente Island bush- interim (Munson 2019, pers. comm.; likely important resources during the mallow (Malacothamnus clementinus) Rebman 2019, pers. comm.; Morse 2020, nesting season (Turner 2009, pp. 53–54). is a rounded shrub in the Malvaceae pers. comm.). The SC Bell’s sparrow is a ground (mallow family) (Slotta 2012; 77 FR gleaner and eats available insects and 29078, May 16, 2012, p. 29080). Plants The current abundance and spiders, and also seeds taken from the are generally 2.3 to 3.3 ft (0.7 to 1 m) distribution of SCI bush-mallow is ground and low vegetation. During the tall with numerous hairy branched estimated to total approximately 5,611 winter, SC Bell’s sparrows feed on stems arising from the base of the plant individuals at 222 locations occupying prickly pear and cholla cactus fruit and (Munz and Johnston 1924, p. 296; Munz 15 watersheds (see Figure 2, below) on moths (Hyde 1985, p. 24). The 1959, pp. 122–125; Bates 1993, p. 752). (USFWS 2020b, pp. 29–31). Because initiation of breeding activity and the Flowers are clustered in the uppermost distinguishing genetically distinct length of the nesting season appear to be leaf axils, forming interrupted spikes 3.9 individuals among groups of stems is tied to precipitation patterns (Kaiser et to 7.9 in (10 to 20 cm) long (Munz 1959, difficult, counts or estimates of al. 2007, pp. 48–49; Meiman et al. 2018, p. 125). Flowers are bisexual and individuals have most often been used p. 36). Breeding activity usually peaks variously described as having pink or collectively to refer to both genetically in March and April, and lasts through white and fading lavender petals (Munz distinct individuals (genets) and clones late June or July. Clutch size ranges from and Johnston 1924, p. 296; Bates 1993, (ramets) (USFWS 2020b, p. 26). In the 1 to 5 eggs, with asynchronous hatching p. 752). current estimate, individuals refer to after 12 to 13 days of incubation The historical range and distribution individual plants and not necessarily to conducted mostly by the female (Martin of SCI bush-mallow on SCI is unknown genetically distinct individuals. Because and Carlson 1998, p. 9). SC Bell’s because botanical studies were not of access restrictions due to risk of sparrows are able to breed their first conducted on the island prior to the unexploded ordnances, occurrences year, and multiple clutches per year introduction of ungulates beginning in within areas subject to bombardment have been recorded, with most pairs the 1800s (Kellogg and Kellogg 1994, p. have not been assessed recently enough producing multiple successful broods in 4). At the time of listing, one site at to be included in this estimate, but are favorable years (Martin and Carlson Lemon Tank Canyon on the eastern side likely still extant.

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Point

Pyramid Rod Caiiyon· / / Head Cove Point 1/ I China Cove China Point Chenet!i canyon

San Clemente Island bt1$h-mallow {Ma/acothamnus cfemellfinus} Individuals per location • 1-9 ~~ 100 Walersheds Occupied watersheds M Shore Bombardmen!Area Boundary

Figure 2. Map showing distribution of San Clemente Island bush-mallow.

SCI bush-mallow occurs in a variety base of escarpments between coastal of canyon walls and escarpments may of habitats on SCI. Historically, it was terraces on the western side of the provide favorable conditions for this observed on rocky canyon walls and island within maritime cactus scrub species (Junak 2006, pers. comm. in 77 ridges, presumably because foraging (Navy 2002, pp. D–19, D–20), and it can FR 29078, May 16, 2012, p. 29094). goats did not browse those areas. Since also occur on low canyon benches and Based on its habitat range on the island removal of nonnative feral ungulates, in rocky grasslands. Moisture that and the ease of cultivating the plant, SCI SCI bush-mallow has been found at the collects in rock crevices and at the base bush-mallow appears to tolerate a broad

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range of soil types (USFWS 1984, p. 50). number of genets, consistent with other that fire may also have a positive effect It is often associated with maritime plant species exhibiting strong clonal on SCI bush-mallow. Because of its cactus scrub vegetation on coastal flats growth. Although growth and spread of ability to resprout from rhizomes and at the southwestern end of the island the population has been thought to be the adaptation of other species in the (Junak and Wilken 1998, p. 256). mostly clonal (Muller and Junak 2011, genus to fire, it is thought that SCI bush- SCI bush-mallow flowers in the spring p. 50), seedlings have on occasion been mallow is likely resistant to fire and that and summer, typically from March to identified in the field by the presence of its seeds may even respond positively to August (Kearney 1951, p. 115; California cotyledons (embryonic leaf in seed- fire (USFWS 2008b, p. 77). Native Plant Society 2011). It is bearing plants) (Munson 2019, pers. generally thought that SCI bush-mallow comm.). While the distribution of SCI San Clemente Island Paintbrush is pollinated by insects; potential bush-mallow is much greater than was A thorough review of the taxonomy, pollinators incidentally observed in the known at the time of listing, difficulty life history, and ecology of the San wild include wasps and butterflies and confusion with discerning between Clemente Island paintbrush is presented (USFWS 2007, p. 9). Although no ramets and genets and low reproductive in the SSA report (USFWS 2020e). specific pollinator for this species is output create uncertainty about whether San Clemente Island paintbrush known, the shape of the flowers suggest it is reproducing sexually or only (Castilleja grisea) is a highly branched that it is not limited to a specific clonally. pollinator and instead can be pollinated Two different studies of population perennial subshrub in the broomrape by different pollinators (Muller and genetics have been conducted family (Orobanchaceae) endemic to SCI Junak 2011, p. 33). (Helenurm 1997; Helenurm 1999). (Chuang and Heckard 1993, p. 1021) While each plant is capable of making These genetic assessments along with and is the only representative of the large numbers of seeds, recorded seed field observations indicate that overall genus Castilleja found on the island production in natural occurrences of genetic diversity is low, but there is (Helenurm et al. 2005, p. 1222). SCI SCI bush-mallow has been very low some genetic diversity within and paintbrush is typically 11.5 to 31.5 in (Helenurm 1997, p. 51; Helenurm 1999, among patches of SCI bush-mallow (i.e., (29 to 80 cm) in height and covered with p. 39; Junak and Wilken 1998, p. 291). based on these studies, not all dense white, wooly hairs. Most Germination rates in seed trials are also individuals are clones in each area). Castilleja species have bisexual flowers low, only 4 to 35 percent (Evans and However, due to the limitations of disposed in terminal spikes. The flowers Bohn 1987, p. 538; Junak and Wilken techniques, neither study is conclusive. of SCI paintbrush are yellow. 1998, p. 291). Hypotheses for low seed Genetic diversity is presumed to have SCI paintbrush is thought to have set and germination rates include low declined since the introduction of feral been relatively common on SCI in the pollinator visitation rates, reduced browsers and grazers, but we do not 1930s, and subsequently declined as a pollinator diversity, partial self- know historical or current levels of result of unchecked grazing by incompatibility (i.e., plants need to be genetic diversity or normal rates of introduced feral herbivores (Helenurm pollinated by a non-closely related sexual versus asexual reproduction, so et al. 2005, p. 1222). The complete individual), limited survey efforts, and no comparisons can be made. Overall, historical range of SCI paintbrush on that seed germination may be stimulated genetic diversity within SCI bush- SCI is unknown because botanical by fire (USFWS 2020b, pp. 22–23). mallow is still very low compared with studies were not completed before the However, it is difficult to determine the other island endemic plant taxa plant’s decline. Herbarium records cause of the apparent low reproductive (Helenurm 1999, p. 40). documented the species on the south output noted, whether low reproductive This species may be subject to and east sides of the island before the output is still an issue currently, and drought stress to some extent (from 25 time of listing (California Consortium of whether fire assists germination. to 89 percent of individuals sampled), Herbaria 2019, records for C. grisea). By SCI bush-mallow can reproduce which may reduce flowering (Muller 1963, SCI paintbrush was reported as vegetatively, or clonally, by sprouting and Junak 2011, p. 58). This species rare or occasional (Raven 1963, p. 337). from rhizomes (Evans and Bohn 1987, p. may be drought deciduous as is a Since the complete removal of feral 538), as well as sexually by seeds, closely related species of bush-mallow, ungulates from SCI by 1992, SCI although sexual recruitment is likely Malacothamnus fasciculatus, but there paintbrush has been detected across the low. The ability to spread vegetatively are no physiological studies to support southern two-thirds of the island by underground rhizomes results in this conjecture; the similar phenology of (Keegan et al. 1994, p. 58; Junak and patches of spatially separate but SCI bush-mallow and its habitat Wilken 1998, pp. 1–416, GIS data; Junak genetically identical individuals (Evans attributes support the suggestion 2006, pp. 1–176, GIS data; Tierra Data and Bohn 1987, p. 538). Occurrences are (Muller and Junak 2011, p. 32). Inc. 2008, pp. 1–24, appendices and GIS likely a mix of both genetically unique Although there is no information data; SERG 2010a and 2010b, GIS data). individuals (genets) and clonal regarding the fire tolerance of SCI bush- The current abundance and distribution individuals (ramets) that are connected mallow, other species in the same genus of SCI paintbrush is estimated to be underground. Although difficult to are fire-tolerant and able to adapt comprised of 601 locations totaling discern between ramets and genets in (Rundel 1982, p. 86). Seed germination 48,181 individuals occupying 87 the field, most groups of plants are in other species in the genus is watersheds (see Figure 3, below) comprised of ramets from an unknown stimulated by fire, and there is evidence (USFWS 2020e, pp. 27–29).

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Bird Rock North -Head J Northwest Whale Poinf

Pyramid Red C.nyon. / / H

San Clemente Island Paintbrush {Castilleja gr/sea) lrulivit!uals per location • 1-9 • 10-99 '" rno-499 @ >=500

Warersheds U!:.FWt,•M.Wt!noi:.■ o-.A1ti111t-..1t

Figure 3. Map showing distribution of San Clemente Island paintbrush.

Over time, the range of SCI paintbrush maritime desert scrub (which species is found almost exclusively on has expanded, and it now occupies a encompasses approximately 6,228 ac non-clay soils and rocky outcrops broad range of habitats across the island. (2,520 ha)). Aspect varies widely, but (Vanderplank et al. 2019, p. 5). SCI SCI paintbrush is often associated with generally plants are found on flats and paintbrush can colonize disturbed areas, two major vegetation types: Canyon steep rocky slopes from 0–70 degrees and the species likely has the potential woodland (which encompasses (CNDDB 2019; Navy 2017, pp. 11–24; for further range expansion on SCI approximately 696 ac (282 ha)), and Vanderplank et al. 2019, p. 5), and the

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(Navy 2008a, p. 3.11–3.20; Vanderplank groups of plants may depend upon details were available (42 FR 40682, et al. 2019, p. 5). frequent production of seed (Dunwidde August 11, 1977, p. 40683). In the 1984 All members of the genus Castilleja et al. 2001, p. 161) as no evidence of recovery plan, SCI lotus was considered are considered hemiparasitic, meaning clonal growth has been found (Muller to be restricted to six ‘‘populations’’ that its roots are capable of forming and Junak 2010, p. 42). Population associated with rocky areas, with the parasitic connections to roots of other growth is primarily by recruitment from largest number of plants growing in the plants (Heckard 1962, p. 27). Plants existing populations from plants that Wilson Cove area (USFWS 1984, p. 59). within the genus are capable of emerged from the soil seed-bank Only a few herbarium specimens of SCI photosynthesis and can exist without a following removal of feral herbivores or lotus exist, making historical host, but they are able to derive water, from plants that survived those impacts distribution and condition difficult to nutrients, and photosynthates from a (Muller and Junak 2010, p. 42). assess. Based on herbarium records, host plant if present (Heckard 1962, p. However, the increase in SCI California Natural Diversity Database 25). Members of the genus Castilleja paintbrush’s range, along with the (CNDDB) records, and the recovery appear to form parasitic connections discovery of new individuals along plan, the historical range includes with a wide range of host plant species trails or near buildings that people occurrences in the northern part of the from a wide range of families (Heckard frequent (O’Connor 2019, pers. comm.), island (Wilson Cove) down to the suggests that the establishment of new 1962, p. 28; Atsatt and Strong 1970, p. southern point (Pyramid Head). Since population centers may be relatively 280; Marvier 1996, p. 1399; Adler 2002, the final removal of all feral herbivores common. The degree of fire tolerance of p. 2704; Adler 2003, p. 2086; Muller by 1992, the distribution of this taxon SCI paintbrush is unknown. It is not 2005, p. 4). Although studies to verify has steadily increased (77 FR 29078, specifically adapted to fire, but it is host-connections have not been done, May 16, 2012, p. 29110). By 1997, likely resilient to occasional fires and numerous plant species are associated roughly 50 percent of documented with SCI paintbrush (Junak and Wilken has been seen to persist in areas after fires, although severe fires can kill occurrences of these plants were found 1998, p. 82; R. N. Muller 2009, pers. in the vicinity of Wilson Cove and by comm., in 77 FR 29078, May 16, 2012, plants and reduce numbers of individuals in a location (Muller and 2004, 75 percent of the distribution of p. 29096). The generalist host-selection this taxon was found beyond this area of C. grisea likely aided recovery of this Junak 2011, p. 16; US Navy 1996, pp. 5– 2; Tierra Data Inc. 2005, p. 80; and extended to the southern-most part species as the vegetation recovered of the island (USFWS 2007, pp. 4–5). following the removal of feral browsers Vanderplank et al. 2019, p. 13). The most recent survey data show the and grazers (Muller and Junak 2012, pp. San Clemente Island Lotus (Acmispon distribution of SCI lotus spans the entire 16–17). dendroideus var. traskiae) SCI paintbrush typically flowers length of the island from Wilson Cove A thorough review of the taxonomy, between February and May, producing to the southern tip east of Pyramid life history, and ecology of the San Cove, a distance of approximately 19 mi yellow bisexual flowers (Chuang and Clemente Island lotus is presented in Heckard 1993, pp. 1016–1024; Navy (31 km) (Junak and Wilken 1998, p. 261; the SSA report (USFWS 2020d). Junak 2006, Map A–C; Vanderplank et 2013a, pp. 3–203). SCI paintbrush is San Clemente Island lotus (Acmispon likely self-incompatible (unable to al. 2019, p. 27). The majority of dendroideus var. traskiae) is a semi- locations tend to be clustered on north- produce viable seed through self- woody, flowering subshrub in the fertilization), as observed in other facing slopes on the eastern side of the legume or pea family (Fabaceae). It is island (Vanderplank et al. 2019, p. 7). species of the genus (Carpenter 1983, p. endemic to SCI (Isely 1993, p. 619) and SCI lotus tends to occur in small groups 218; Junak and Wilken 1998, p. 84). is one of five taxa in the genus of 10 to 50 individuals (Allan 1999, p. Results of a population genetic study Acmispon found on the island (Tierra 84). The status of a number of historical were consistent with an outcrossing Data Inc. 2005, p. C–8; Brouillet 2008, locations are unknown because they breeding system (Helenurm et al. 2005, pp. 388–392). p. 1225). SCI paintbrush is most closely SCI lotus is typically less than 4 ft (1.2 occur in areas with restricted access, related to, and shares floral traits with, m) tall with slender erect green such as due to unexploded ordnances. other species in the genus primarily branches (Munz 1974, pp. 449–450; Without repeated survey data in some of adapted for bee pollination (Chuang and USFWS 1984, p. 59; Allan 1999, p. 82). those locations, it is unknown whether Heckard 1991, p. 658), but both insect Each leaf has three to five leaflets, each individuals observed 40 years ago still and hummingbird pollination of approximately 0.2 to 0.3 in (5 to 9 persist, so for purposes of estimating Castilleja have been reported (Grant millimeters (mm)) long (USFWS 1984, current distribution and abundance, 15 1994, p. 10409; Junak and Wilken 1998, p. 59; Allan 1999, p. 82). SCI lotus has historically occupied watersheds are no p. 84). small yellow flowers that are bisexual longer considered occupied (USFWS Although the lifespan of SCI and arranged in one to five flowered 2020d, p. 26). However, despite paintbrush is unknown, its larger stature clusters on stalks that arise from axils inconsistencies in the survey data, the and woodier habit (general appearance between the stem and leaf of terminal data indicate that the number of or growth form) suggest it may be longer shoots (Junak and Wilken 1998, p. 256). individuals and the range of SCI lotus lived, which would be consistent with Pistils are initially yellow, turning have increased over time, and SCI an estimated lifespan of 5–15 years orange then red as the fruit matures lotus’s current distribution is estimated based on observations made during (USFWS 1984, p. 59). to be 249 locations within 58 repeat visits to occupied sites (Munson The 1977 listing rule mentioned that watersheds totaling 21,251 individuals 2019, pers. comm.). Based on life- SCI lotus occurred at Wilson Cove on (see Figure 4, below) (USFWS 2020d, history, the persistence of interbreeding the north end of the island, but no other pp. 24–27).

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Bird Rock North Head j Northwest Whale P-oint

canyon

Pyramid H<>ad

Chern>t!i (4;1:nyon

San Clemente Island lotus (A1:l11ispon dendToideus var. trasklae) lndivi=500 Watersheds Occupied watersheds N Shore Bomba!dmenlArea Boundary

Figure 4. Map showing distribution of San Clemente Island lotus.

SCI lotus establishes on north- and around rock outcrops and among large pipelines (Navy 2013b, p. 3–201). It east-facing slopes and ridges at boulders situated in grassland areas and occurs on well-drained soils where elevations ranging from 25 to 1,400 ft along the interface between grassland adequate soil moisture is available to (7.6 to 463 m) and is found in canyon and maritime sage scrub (Allan 1999, p. the plant (Junak and Wilken 1998, p. bottoms or along ridgelines (Junak 2006, 84; Navy 2002, p. D–9); SCI lotus also 256; Navy 2002, p. D–9) and occurs p. 125). It appears to preferentially readily occupies disturbed sites and mostly on clay to rocky soils establish and grow somewhat colonially locations close to buildings, roads, and (Vanderplank et al. 2019, p. 7). SCI lotus

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is generally associated with two habitat among, rather than within, occurrences (i.e., darker), slightly larger flowers than types on the island: canyon woodland (Allan 1999, p. 61). However, more the SCI larkspur, which generally has supported on approximately 696 ac (282 recent genetic work (McGlauglin et al. white flowers, consistent with ha), and maritime desert scrub along the 2018, p. 754) has shown moderate levels distinctions noted in earlier works northeastern escarpment supported on of genetic diversity in the species, with (Dodd and Helenurm 2000, p. 125; approximately 6,228 ac (2,520 ha) (Navy gene flow between neighbor Koontz and Warnock 2012). SCI 2002, pp. 3.57, 3.58). populations. The genetic diversity of larkspur occurs mostly in the northern SCI lotus is short-lived, with a SCI lotus is equal to or higher than that portion of the island, and Thorne’s reported lifespan of less than 5 years of the mainland variety of the same larkspur occurs in the southern portion (USFWS 2008, p. 113); however, species, Acmispon dendroideus var. of the island. However, in the middle of individuals near Wilson Cove have been dendroideus, and SCI lotus also the island (and on the far southern end), observed to live longer than 6 years contains unique and highly divergent the two flower colors coexist in many (Emily Howe 2017, pers. comm. in genotypes (Wallace et al. 2017, pp. 747– locations, with varying proportions of Vanderplank et al. 2019, p. 6). Like 748). SCI lotus has hybridized with A. each color, and flower colors ranging other legumes, the roots of plants in the argophyllus var. argenteus in disturbed genus Acmispon to which SCI lotus areas in Wilson Cove (Liston et al. 1990, from pure white to dark purple. While belongs are able to fix atmospheric pp. 239–240; Allan 1999, p. 86). Based ambiguity of the subspecies nitrogen, making it available to plants in on intermediate characteristics, the classifications, mostly within the central the form of ammonia, enriching the soil hybrid plants appear to be first areas of the island, has caused some and making members of the genus generation (F1 generation) plants from a confusion regarding true range and Acmispon important post-fire colonizers cross between the two varieties. It is not distribution, the currently accepted (S

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Bird Rock

PO'int

Pyramid Head

Chenelti Canyon

San Clemente Island larkspur (Delphinium variegatum ssp. lrinlriense) lmf111iduals per locauon • 1-9 • 10 c99 100-499 @ >=500 Watersheds Occupied walersheds. M Shore Bombardmen!Area Boundary

Figure 5. Map showing distribution of San Clemente Island larkspur.

BILLING CODE 4333–15–C encompasses approximately 2,213.5 ac to high-elevation grasslands on the east SCI larkspur was once associated with (895 ha), or 6.3 percent, of the island) side of the northern and central portions two main vegetation types: California (Navy 2013). The species is now found of the island where it occurs in clay, Broadleaf woodlands and forests (which in a broad range of habitats within the loam, and rocky soils with soil depths encompasses approximately 43.5 ac (17 same general vegetation types and is ranging from shallow to deep; however, ha), or 0.12 percent, of the island), and widespread across the island. SCI it is more often associated with non-clay California perennial grassland (which larkspur is generally found within mid- soils (Vanderplank et al., in prep.).

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Reported habitats have included coastal upon quite localized weather whether a species is no longer an grasslands (Koontz and Warnock 2012), conditions, exact numbers of endangered species or a threatened as well as grassy slopes and benches, individuals are difficult to locate and species, regardless of whether that open grassy terraces, and chaparral and count. information differs from the recovery oak woods (Warnock 1993 in USFWS In comparison with other endemic plan. 2008a). Currently, SCI larkspur occurs plant species, Delphinium variegatum There are many paths to primarily on the east side of the island appears to be typical in its pattern of accomplishing recovery of a species, on gentle slopes with northern, genetic diversity relative to its and recovery may be achieved without northwestern, and eastern exposures. geographic range at both the population all of the criteria in a recovery plan The higher-elevation plateau supports and taxon levels (Dodd and Helenurm being fully met. For example, one or grasslands dominated by the native 2002, p. 619). However, in comparison more criteria may be exceeded while perennial bunch-grasses interspersed with other Delphinium, the genetic other criteria may not yet be with annual forbs while the mid- and variation observed for the insular taxa of accomplished. In that instance, we may lower-elevation grasslands tend to be D. variegatum appears to be low. The determine that the threats are less floristically diverse and dominated data suggest that there is a higher level minimized sufficiently and that the by introduced annual grasses. They are of gene flow among adjacent species is robust enough that it no primarily found within vegetation populations. If estimates of historical longer meets the definition of an communities dominated by Artemisia gene flow are indicative of current endangered species or a threatened californica, nonnative grasslands, and patterns, then gene flow among the 24 species under the Act. In other cases, we Baccharis pilularis (Vanderplank et al., island populations studied appears to be may discover new recovery in prep.). high enough to prevent genetic opportunities after having finalized the Flower production in Delphinium can differentiation among them. This is recovery plan. Parties seeking to be highly variable and may be consistent with the general low level of conserve the species may use these dependent upon quite localized weather genetic differentiation found among opportunities instead of methods conditions (Lewis and Epling 1959, p. populations of other species in the identified in the recovery plan. 512) and soil moisture (Inouye et al. genus Delphinium (Dodd and Helenurm Likewise, we may learn new 2002, pp. 545, 549). Plants may not 2002, pp. 619–620). information about the species after we flower until reaching 2 to 3 years of age Little is known regarding the fire finalize the recovery plan. The new (e.g., Waser and Price 1985, p. 1727 in tolerance of SCI larkspur. However, its information may change the extent to reference to D. nelsonii). dormancy period (roughly May or June which existing criteria are appropriate SCI larkspur generally flowers from through November) and the fire season for identifying recovery of the species. March to April (California Native Plant generally coincide (O’Connor 2019, The recovery of a species is a dynamic Society 2001, in USFWS 2008a), but has pers. comm.; Navy 2009, p. 4.22). The process requiring adaptive management been documented flowering from possible benefits of fire to SCI larkspur that may, or may not, follow all of the January to April (Koontz and Warnock include reduction in competitive guidance provided in a recovery plan. 2012). Blue and white flowered shading and/or nutrient uptake, which In 1984, we published the Recovery Delphinium species are largely would likely increase flowering and Plan for the Endangered and Threatened pollinated by bumblebees (Waser and possibly visibility to pollinators. Species of the California Channel Price 1983, p. 343; Waddington 1981, p. Islands (recovery plan) that addresses Recovery Criteria 154). Several different species of the five species addressed in this pollinators have been observed visiting Section 4(f) of the Act directs us to proposed rule, plus some additional SCI larkspur (USFWS 2020c, p. 28; develop and implement recovery plans species (USFWS 1984). The recovery Junak and Wilken 1998, p. 120; Munson for the conservation and survival of plan preceded the 1988 amendments to 2019, pers. comm.; SERG 2015b, p. 13). endangered and threatened species the Act outlining required elements of Given the spur-length of San Clemente unless we determine that such a plan recovery plans. As such, the recovery Island larkspur, bumblebees or will not promote the conservation of the plan does not include recovery criteria, hummingbirds may be the primary species. Recovery plans must, to the but followed guidance in effect at the pollinators (Jabbour et al. 2009, p. 814). maximum extent practicable, include time it was finalized. Rather than Successful outcrossing within island objective, measurable criteria which, including specific criteria for populations indicates that pollination is when met, would result in a determining when threats have been effective; therefore, populations of determination, in accordance with the removed or sufficiently minimized, the pollinators are likely to be ample. provisions of section 4 of the Act, that recovery plan identifies six objectives to Like most other California larkspurs, the species be removed from the Lists. achieve recovery of the Channel Island SCI larkspur can survive below ground Recovery plans provide a roadmap for species. Given the threats in common to when conditions are unfavorable and us and our partners on methods of the species addressed, the recovery plan may remain dormant and not appear enhancing conservation and minimizing is broad in scope and focuses on above-ground for one or more years. The threats to listed species, as well as restoration of habitats and ecosystem species begins to go dormant shortly measurable criteria against which to function. The six objectives identified in after flowering, remaining dormant until evaluate progress towards recovery and the recovery plan are: early in the rainy season. Although we assess the species’ likely future • Objective 1: Identify present have no information on the lifespan of condition. However, they are not adverse impacts to biological resources SCI larkspur, based on information regulatory documents and do not and strive to eliminate them. regarding other species of larkspurs, it is substitute for the determinations and • Objective 2: Protect known likely that the subspecies is relatively promulgation of regulations required resources from further degradation by: long-lived (USFWS 2020c, p. 28). under section 4(a)(1) of the Act. A (a) Removing feral herbivores, Because of the species’ ability to go decision to revise the status of a species, carnivores, and selected exotic plant dormant, and additionally because or to delist a species, is ultimately based species; (b) controlling erosion in flower production in Delphinium can be on an analysis of the best scientific and sensitive locations; and (c) directing highly variable and may be dependent commercial data available to determine military operations and adverse

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recreational uses away from biologically fires. For example, in 2017, after a large threatened species (July 26, 2013; 78 FR sensitive areas. fire that burned part of the eastern 45406). We also recommended in our • Objective 3: Restore habitats by escarpment had seemingly gone out, the 2007 5-year review for SCI bush-mallow revegetation of disturbed areas using fire restarted the next day and response and 2008 5-year review for SCI larkspur native species. was therefore delayed. This prompted a that they be reclassified as threatened • Objective 4: Identify areas of San change in how the Navy monitors fires (USFWS 2007c; USFWS 2008). Clemente Island where habitat that are thought to be out (O’Connor While the recovery plan did not restoration and population increase of 2019, pers. comm.). include specific metrics, the plan’s certain addressed taxa may be achieved • Addressing training-related erosion objectives have largely been achieved through a careful survey of the island through development of an erosion for these five species through removal of and research on habitat requirements of control plan (Navy 2013b, entire). The nonnative herbivores and subsequent each taxon. Navy incorporates erosion control recovery of native plant communities, • Objective 5: Delist or downlist those measures into all site feasibility studies and through restoration and taxa that achieve vigorous, self- to minimize impacts from erosion and management actions implemented by sustaining population levels as the avoid impacts to listed species. the Navy to improve habitat and control result of habitat stabilization, habitat Contributions to meeting the recovery threats related to erosion, invasive restoration, and prevention or objectives include adoption and species, fire, and land use. As a result minimization of adverse human-related implementation of the SCI Integrated of these actions, habitat has been impacts. Natural Resources Management Plan sufficiently restored and managed on • Objective 6: Monitor effectiveness (INRMP). The Navy adopted the SCI the island and supports self-sustaining of recovery effort by undertaking INRMP in 2002 (Navy 2002, entire) and populations for each of these five taxa. baseline quantitative studies and updated it again in 2013 (Navy 2013a, subsequent follow-up work (USFWS entire). An INRMP is intended to guide Regulatory and Analytical Framework 1984, pp. 106–107). installation commanders in managing Regulatory Framework The Navy has taken a variety of their natural resources in a manner that recovery actions to achieve the recovery is consistent with the sustainability of Section 4 of the Act (16 U.S.C. 1533) plan’s objectives. These include: those resources, while ensuring and its implementing regulations (50 • Removal of all feral herbivores, continued support of the military CFR part 424) set forth the procedures which was achieved in 1992. mission (Navy 2002, p. 1–1). The for determining whether a species is an • Monitoring and control of the INRMP identifies goals and objectives ‘‘endangered species’’ or a ‘‘threatened expansion of highly invasive, nonnative for specified management units and species.’’ The Act defines an plant species on an ongoing basis since their natural resources, including endangered species as a species that is the 1990s (O’Connor 2019, pers. measures to protect, monitor, restore, ‘‘in danger of extinction throughout all comm.). and manage special status species and or a significant portion of its range,’’ and • Implementing a nonnative wildlife their habitats. The Navy identifies and a threatened species as a species that is program, which focuses on island-wide addresses threats to special status ‘‘likely to become an endangered nonnative predator management, species during the INRMP planning species within the foreseeable future initiated by the Navy in 1992 (USFWS process. If possible, threats are throughout all or a significant portion of 2008, p. 172). ameliorated, eliminated, or mitigated its range.’’ The Act requires that we • Conducting and funding surveys, through this procedure. determine whether any species is an research, and monitoring to better The SCI INRMP outlines management ‘‘endangered species’’ or a ‘‘threatened understand the ecology and habitat actions for invasive species control species’’ because of any of the following requirements of sensitive species, and island-wide, including near listed factors: monitor their status and the species; biosecurity protocols; (A) The present or threatened effectiveness of recovery efforts. restoration of sites that support sensitive destruction, modification, or • Conducting long-term vegetation plants; habitat enhancement for curtailment of its habitat or range; monitoring studies. sensitive and listed species; fuel break (B) Overutilization for commercial, • Conducting propagation and installation to minimize fire spread; and recreational, scientific, or educational outplanting (transplant individuals from fire suppression to protect endangered, purposes; the greenhouse to vegetative threatened, and other priority species. (C) Disease or predation; communities) of native species through The Navy also developed and (D) The inadequacy of existing a contract with the San Diego State implements specific plans for some regulatory mechanisms; or University Soil Ecology and Restoration management issues, including: SCI (E) Other natural or manmade factors Group (SERG) since 2001 (Howe 2009, Wildland Fire Management Plan; affecting its continued existence. pers. comm.; Munson 2013, pers. Erosion Control Plan; and the Naval These factors represent broad comm.). Although most of the Auxiliary Landing Field San Clemente categories of natural or human-caused restoration efforts were not specifically Island Biosecurity Plan. For additional actions or conditions that could have an designed for the benefit of the species details on the Navy’s implementation of effect on a species’ continued existence. addressed in this proposed rule, recovery efforts, see ‘‘Conservation In evaluating these actions and restoration of the island’s vegetation Actions and Regulatory Mechanisms,’’ conditions, we look for those that may communities has helped to improve below. have a negative effect on individuals of habitat suitability for the subject species Interim progress on achieving the the species, as well as other actions or by reducing the spread of invasive, recovery objectives resulted in conditions that may ameliorate any nonnative plants and restoring improvements in the status of SCI negative effects or may have positive ecological processes. paintbrush and SCI lotus such that our effects. We consider these same five • Conducting annual reviews of fire 2007 5-year reviews recommended factors in reclassifying a species from an management and fire occurrences, reclassification (USFWS 2007a, b), and endangered species to a threatened allowing for adaptive management to both species were subsequently species or removing a species from the minimize the frequency and spread of reclassified from endangered species to Lists (50 CFR 424.11(c) through (e)).

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We use the term ‘‘threat’’ to refer in and should consider the timeframes under changing environmental general to actions or conditions that are applicable to the relevant threats and to conditions. Using these principles, we known to or are reasonably likely to the species’ likely responses to those identified the species’ ecological negatively affect individuals of a threats in view of its life-history requirements for survival and species. The term ‘‘threat’’ includes characteristics. Data that are typically reproduction at the individual, actions or conditions that have a direct relevant to assessing the species’ population, and species levels, and impact on individuals (direct impacts), biological response include species- described the beneficial and risk factors as well as those that affect individuals specific factors such as lifespan, influencing the species’ viability. through alteration of their habitat or reproductive rates or productivity, The SSA process can be categorized required resources (stressors). The term certain behaviors, and other into three sequential stages. During the ‘‘threat’’ may encompass—either demographic factors. In our analyses first stage, we evaluated individual together or separately—the source of the presented below, we expect the Navy’s species’ life-history needs. The next action or condition or the action or current level of training as well as its stage involved an assessment of the condition itself. management of natural resources on SCI historical and current condition of the However, the mere identification of to continue well into the future, species’ demographics and habitat any threat(s) does not necessarily mean including management of threats, such characteristics, including an that the species meets the statutory as minimizing impacts of training, and explanation of how the species arrived definition of an ‘‘endangered species’’ or managing erosion, invasive species, and at its current condition. The final stage a ‘‘threatened species.’’ In determining wildland fire. However, as described of the SSA involved making predictions whether a species meets either below (see Climate Change), uncertainty about the species’ responses to positive definition, we must evaluate all regarding effects of a changing climate and negative environmental and identified threats by considering the increases after 20–30 years, making anthropogenic influences. Throughout species’ expected response and the reliable predictions after this time all of these stages, we used the best effects of the threats—in light of those period difficult. We used this 20–30 available information to characterize actions and conditions that will year timeframe in developing our viability as the ability of a species to ameliorate the threats—on an projections of future conditions in each sustain populations in the wild over individual, population, and species of the species status assessments for the time. We use this information to inform level. We evaluate each threat and its five species. our regulatory decisions. expected effects on the species, then Summary of Biological Status and analyze the cumulative effect of all of Analytical Framework Threats the threats on the species as a whole. The SSA reports document the results We also consider the cumulative effect of our comprehensive biological review Below, we review the biological of the threats in light of those actions of the best scientific and commercial condition of the species and their and conditions that will have positive data regarding the status of the species, resources, and the threats that influence effects on the species—such as any including assessments of the potential the species’ current and future existing regulatory mechanisms or threats to the species. The SSA reports condition, in order to assess the species’ conservation efforts. The Secretary do not represent our decisions on overall viability and the risks to that determines whether the species meets whether any of the species should be viability. the definition of an ‘‘endangered delisted or reclassified under the Act. Each of the five SCI species occurs as species’’ or a ‘‘threatened species’’ only They do, however, provide the scientific a single population with no natural after conducting this cumulative basis that informs our regulatory division in their ranges. However, for analysis and describing the expected decisions, which involve the further assessing species resilience and for effect on the species now and in the application of standards within the Act monitoring and tracking the plant foreseeable future. and its implementing regulations and species in the future, we divided the The Act does not define the term policies. The following is a summary of species’ ranges into watershed units to ‘‘foreseeable future,’’ which appears in the key results and conclusions from the quantify threats across the range. the statutory definition of ‘‘threatened SSA reports; the full SSA reports can be Watersheds were suggested for use in species.’’ Our implementing regulations found at Docket No. FWS–R8–ES–2020– delineation for monitoring purposes by at 50 CFR 424.11(d) set forth a 0074 on http://www.regulations.gov. the Navy (Vanderplank et al. 2019, pp. framework for evaluating the foreseeable To assess species viability, we used 6–7), as every point on the island can be future on a case-by-case basis. The term the three conservation biology easily assigned to a watershed, and foreseeable future extends only so far principles of resiliency, redundancy, watershed boundaries on SCI are not into the future as we can reasonably and representation (Shaffer and Stein expected to change significantly during determine that both the future threats 2000, pp. 306–310). Briefly, resiliency the 20- to 30-year time frame of this and the species’ responses to those supports the ability of the species to analysis. These units are not meant to threats are likely. In other words, the withstand environmental and represent ‘‘populations’’ in a biological foreseeable future is the period of time demographic stochasticity (for example, sense; rather, these units were designed in which we can make reliable wet or dry, warm or cold years); to subdivide the species’ ranges in a predictions. ‘‘Reliable’’ does not mean redundancy supports the ability of the way that facilitates assessing and ‘‘certain’’; it means sufficient to provide species to withstand catastrophic events reporting the variation in current and a reasonable degree of confidence in the (for example, droughts, large pollution future resilience across the range. In the prediction. Thus, a prediction is reliable events); and representation supports the SSAs for the plant species, we assessed if it is reasonable to depend on it when ability of the species to adapt over time the species’ ability to withstand making decisions. to long-term changes in the environment stochastic events in each watershed, and It is not always possible or necessary (for example, climate changes). In how these occupied watersheds to define foreseeable future as a general, the more resilient and contribute to the viability of the entire particular number of years. Analysis of redundant a species is and the more island population (the species). Note the foreseeable future uses the best representation it has, the more likely it that this way of delineating analysis scientific and commercial data available is to sustain populations over time, even units within which to measure

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resiliency does not follow the methods those factors in detail that could changes in the cover of native and used in the July 26, 2013, rule meaningfully impact the status of the nonnative plants on the island, further reclassifying SCI paintbrush and SCI species. Those risks that are not known evidenced by the increases in lotus (78 FR 45406), and it is therefore or unlikely to have effects on the status endangered and threatened taxa since not directly comparable. However, the of the SCI species, such as disease or the feral animals were removed (Junak watersheds that are represented seed predation, are not discussed here, 2006a, pers. comm.; Uyeda et al. 2019, correspond to the extant occurrences but are evaluated in the SSA reports. pp. 6, 22, 30). While nonnative described in the July 26, 2013, Many of the threats and risk factors are herbivores have been successfully reclassification rule (USFWS 2020d, pp. the same or similar for each of the removed and are no longer directly 82–85; USFWS 2020e, pp. 89–92). species. Where the effects are expected affecting native plant communities, In assessing species resilience for SC to be similar, we present one discussion continuing impacts include areas Bell’s sparrow, we followed the that applies to all species. Where the vulnerable to erosion that have not fully approach for surveys of annual sparrow effects may be unique or different to one recovered, the presence of invasive densities. Those annual surveys divide species, we address that species species, and the interaction of nonnative the island into eight vegetation strata. specifically. Many of the risk factors grasses with fire. The past and Because densities vary greatly among affect both habitat (quantity and quality) continuing effects of erosion, invasive these strata each year, and because these and individuals of the species species, and fire are discussed further strata are used for annual monitoring, (disturbance, injury, or mortality). The below. we assess the resiliency of the primary risk factors (i.e., threats) Overview of Current Land Use subspecies within each of these strata in affecting all the SCI species are: (1) Past terms of the estimated population size, and current land use, including military SCI is owned by the Navy, and is the but then scale up from these strata to the training activities (Factors A and E from primary maritime training area for the resiliency of the subspecies. These the Act); (2) erosion (Factor A); (3) Pacific Fleet and Sea Air and Land vegetation strata are not meant to invasive species (Factors A and E); (4) Teams (77 FR 29078, May 16, 2012). represent ‘‘populations’’ in a biological fire and fire management (Factors A and The island also supports training by the sense; as with the plant species, these E); and (5) climate change (Factors A Marine Corps, the Air Force, the Army, units were designed to subdivide the and E). Additional risk factors for some and other military organizations. As the species’ range in a way that facilitates of the species include predation (Factor westernmost training range in the assessing and reporting the variation in C), drought (Factors A and E), small eastern Pacific Basin, where training current and future resilience across the population size (Factor E), and reduced operations are performed prior to troop range. genetic diversity (Factor E). Finally, we deployments, portions of the island receive intensive use by the military Species Needs also reviewed the conservation efforts being undertaken for the species. (Navy 2008a, p. 2.2). Our SSA framework generally Infrastructure, including runways, includes identifying the species’ Past Land Use buildings, and associated development, ecological requirements for survival and The current habitat conditions for is concentrated at the northern end of reproduction at the individual, listed species on SCI are partly the the island. The remainder of the island population, and species levels. result of historical land use practices. is largely devoid of infrastructure, However, population-level and species- SCI was used legally and illegally for except for the ridge road running along level needs, such as number of sheep ranching, cattle ranching, goat the spine of the island. In addition to individuals or reproductive success grazing, and pig farming (77 FR 29078, existing infrastructure, various training necessary to maintain an occurrence, May 16, 2012, p. 29093; Navy 2013a, p. activities occur within training areas on level of gene flow or dispersal, etc., are 2–3). Goats and sheep were introduced the island, and have the potential to not well understood for any of the five early by the Europeans, and cattle, pigs, affect the SCI species (see Table 3, species. Where information is lacking or and mule deer were introduced in the below). Altogether, 34.8 percent of the incomplete, we make certain scientific 1950s and 1960s (Navy 2013a, p. 3– island’s area is located in one of these assumptions based on principles of 185). These nonnative herbivores greatly training areas, although training does conservation biology in order to conduct changed the vegetation of SCI and were not occur uniformly within each area. our analyses. In each of the plant SSAs, the main cause of the SCI species’ Military training activities within some we make the assumption that, for the decline (42 FR 40682, August 11, 1977, of these training areas can involve the plant species, numbers of individuals p. 40683). Persistent grazing and movement of vehicles and troops over within a watershed correlates with browsing defoliated large areas of the the landscape and can include live greater resilience and, conversely, island, and the animals caused munitions fire, incendiary devices, watersheds with fewer individuals or trampling and trail proliferation, which demolitions, and bombardment. with only one location within the exacerbated erosion, altering plant The Shore Bombardment Area watershed have lower resiliency. communities on SCI and leading to (SHOBA) occupies roughly the southern Similarly, for SC Bell’s sparrow, our severe habitat degradation and loss of third of the island and encompasses models in the SSA assume that density suitable habitat that likely curtailed the approximately 13,824 ac (5,594 ha) correlates with greater resilience, and range of endemic plants and animals on (Navy 2008a, p. 2–7, Navy 2009, p. 2– that vegetative strata with greater the island. Grazing and ranching on the 4). Areas of intensive use within densities have greater resilience. island also facilitated the introduction SHOBA include two Impact Areas and and spread of nonnative plants (Navy three Training Areas and Ranges Risk Factors for the San Clemente 2002, p. 3–31). (TARs). Impact Areas support naval gun Island Species All nonnative ungulates were firing, artillery firing, and air-to-ground We reviewed the potential risk factors removed by 1992 (Keegan et al. 1994, p. bombing (Navy 2008a, p. 2–7; Navy (i.e., threats, stressors) that could be 58; 77 FR 29078, May 16, 2012, p. 2013a, p. 2–8). Much of the remainder affecting the five SCI species now and 29093). Since then, the vegetation on of SHOBA serves as a buffer around in the foreseeable future. In this SCI has rebounded, and habitat Impact Areas; thus, 59 percent of proposed rule, we will discuss only conditions have improved, leading to SHOBA is not within intensive training

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areas subject to direct training activities. Training and other land use activities and vegetation, spread of nonnative Some areas, particularly the escarpment have multiple potential impacts, plant species, creation of road ruts and along the eastern coast, have limited including trampling or crushing trails, compaction of soils, and fires training value because precipitous individuals or groups of plants; (USFWS 2008b, pp. 96–99). Erosion, terrain hinders ground access. disturbance of nesting birds or injury or nonnative species, and fire are Due to these various military training mortality of nestlings; and habitat discussed separately from military activities, land use has been considered impacts including disturbances to soil training in this proposed rule. a threat to listed species on SCI.

TABLE 3—SUMMARY OF TRAINING AREAS, THEIR SIZE, USE, AND THE THREATS WITHIN EACH

Percent of Training area Size (acres) island * Use Threat/stressor

Assault Vehicle Maneuver 1,060.5 2.9 Vehicular maneuvering.... Soil erosion, trampling, devegetation (habitat re- Areas (AVMAs) (3). moval); disturbance, injury, or mortality of individuals. Infantry Operations Area ... 8,827.6 24.5 Dispersed foot traffic ...... Trampling, soil erosion; disturbance, injury, or mortality of individuals. Training Areas and 1,968.2 5.5 Varies by TAR: demoli- Varies by TAR, but limited to trampling, localized Ranges (TARs) (20). tion, small arms, com- ground disturbance; disturbance, injury, or mor- bat, etc. tality of individuals. Impact Areas (2) ...... 3,399.7 9.4 Bombing, live fire ...... Devegetation (habitat removal), fires; disturbance, injury, or mortality of individuals. * Because several training areas overlap, percentages total more than the 34.8 percent of the island’s area located in training areas.

Land Use for Military Training destruction of habitat, injury or of the land within each training area is Plants—Military training activities mortality of individual plants, and fires. used for training, and frequency and within training areas (primarily the Where the distributions of the plant taxa intensity of training vary among areas Infantry Operations Area, TARs, and overlap with training areas, there is and uses, such that only a subset of AVMAs) can entail the movement of potential for impacts to individuals and individuals within any training area is vehicles and troops over the landscape to habitat. Table 4, below, details the likely to be affected. Additionally, some and thus include the potential of number of locations, individuals, and effects are minor, such as trampled trampling or crushing individuals or percent of population of each of the leaves or broken branches (i.e., injury groups of plants, or removal of habitat. plant taxa that occur within training but not mortality), and frequency of Naval gun firing, artillery firing, and air- areas. Percent of populations within training impacts may allow sufficient to-ground bombing occurs within the training areas range from less than 1 time for individuals and habitats to Impact Areas, and can result in the percent to 13 percent. However, not all recover.

TABLE 4—THE NUMBERS OF LOCATIONS AND TOTAL INDIVIDUALS OF PLANT TAXA THAT OCCUR WITHIN TRAINING AREAS [USFWS 2020b, p. 45; USFWS 2020c, p. 52; USFWS 2020d, p. 36; USFWS 2020e, p. 37]

Percent of Species Locations Watersheds Individuals population

SCI paintbrush ...... 74 19 2,089 4.34 SCI lotus ...... 4 4 22 0.11 SCI larkspur ...... 10 4 1,847 9.74 SCI bush-mallow ...... 42 1 731 13

San Clemente Bell’s sparrow—SC activities in each area vary widely and (Meiman et al. 2019, pp. 9, 20–23, 38– Bell’s sparrows may be adversely SC Bell’s sparrow density also varies, 39), indicating that impacts are limited affected in habitat within and potential impacts vary by area. Because or temporary. surrounding training areas. Adverse not all of the land within each training Summary—While military training effects include modification and area is used for training, and frequency activities have the potential to impact degradation of habitat, as well as the and intensity of training vary among all five SCI species, the majority of disturbance, injury, or death of areas and uses, only a subset of locations and habitats occur outside individual SC Bell’s sparrows (more individuals within any training area is intensive training areas. Within training likely nestlings and fledglings), and loss likely to be affected. Additionally, many areas that overlap with the species’ of active SC Bell’s sparrow nests, such effects are expected to be infrequent, distributions, many effects are expected as from trampling of nests or nestlings temporary, or minor, such as flushing of to be infrequent, minor, or temporary. (USFWS 2008, p. 174). Currently, 4,788 birds. Monitoring from 2015 to 2018 of Additionally, the Navy’s INRMP (Navy ha (11,831 ac) of potential SC Bell’s two TARs located within high-density 2013a) outlines measures for managing sparrow habitat falls within a training SC Bell’s sparrow habitat within land and water resources on the island, area. Based on the 2018 territory density boxthorn do not indicate major impacts including listed and sensitive species. estimates, this represents 25 percent of to SC Bell’s sparrow densities due to The INRMP includes measures to avoid the total island population (USFWS training in these TARs, and SC Bell’s and minimize impacts, as well as to 20202a, p. 49). Because training sparrows continue to inhabit these areas restore and manage habitat. Military

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training activities are expected to recorded nest predators (Meiman et al. although they have been present for continue into the future. Generally, 2017, pp. 35–36; Meiman et al. 2018, p. many decades. training is expected to continue within 26). Despite the persistence of and SCI larkspur occurs within grasslands the current footprint, but intensity of current inability to eradicate black rats, that have experienced a proliferation of training could increase in the future. the SC Bell’s sparrow population nonnative plant species, especially However, changes to training have and expanded over the past two decades, annual grasses. Surveys conducted will be subject to environmental review increasing in abundance and between 2011 and 2017 found 13 of 74 under applicable laws and regulations, distribution. locations of SCI larkspur in and impacts to federally listed and Nonnative plants—Contemporaneous communities dominated by invasive sensitive species will be evaluated with and likely aided by feral grazing grasses (Navy, unpublished data; (O’Connor 2019, pers. comm.). Projects animals, a large number of invasive, Vanderplank et al., in prep). and changes in training areas are subject nonnative plant species have become While nonnative plant species, to the Navy’s Site Approval and Review naturalized on SCI and are now including nonnative annual grasses, are Process, which includes identifying widespread (USFWS 2020b, pp. 47–49; extensively distributed across SCI both avoidance and minimization measures USFWS 2020c, pp. 57–58; USFWS as a result of post-grazing colonization for plant communities and sensitive 2020d, pp. 40–41; USFWS 2020e, p. 43). of weedy species in highly disturbed species, including measures that are Nonnative plants can alter habitat habitat and accidental introduction of recommended in the SCI INRMP (Navy structure and ecological processes such new weeds through human activities, 2013a, pp. 4–23, 4–28). Coupled with as fire regimes, nutrient cycling, they do not seem to be impeding ongoing management of related threats hydrology, and energy budgets, and they recovery. Since the removal of feral (including wildland fire, soil erosion, can directly compete with native plants grazers, all vegetation communities have been recovering, and naturalized invasive species) under the SCI INRMP, for water, space, light, and nutrients (77 grasslands (the most fire-prone of it is highly unlikely that future changes FR 29078, May 16, 2012, p. 29117). In nonnative vegetation communities) in military training on SCI will impede addition to altering habitat, potential constitute a small proportion of the or reverse advances in the recovery of impacts of nonnative plants on the four island at this time, approximately 10.6 these five species (O’Conner 2019, pers. SCI plant species include precluding percent of the island area (US Navy comm.). germination (i.e., competitive exclusion) 2013a, p. 3.59). In addition, the island and reducing or preventing pollination Invasive and Nonnative Species now has more intact habitats, reduced (e.g., by growing densely around plants Along with the introduction of feral, erosion, and a stronger suite of native and thereby making them less obvious nonnative herbivores, many other competitor species, making the nonnative species have been introduced or less accessible to pollinators). The conditions less favorable to invasion. to the island. While nonnative, feral invasion of nonnative annual grasses on The Navy makes significant efforts to grazers have been completely removed the island may have caused the greatest control highly invasive, nonnative from SCI, other nonnative species have structural changes to habitat, especially perennial grasses and nonnative forbs to become established and have the on the coastal terraces and in swales preclude their expansion into habitat potential to negatively affect species and (USFWS 2007, pp. 4–5). Annual grasses areas and areas in which weed control their habitats. These include feral cats vary in abundance with rainfall, would be difficult due to terrain and (Felis catus), black rats (Rattus rattus), potentially changing the vegetation access challenges, and the Navy has and many species of nonnative plants, types from shrublands to grasslands and monitored and controlled the expansion especially nonnative annual grasses. increasing the fuel load in wet years and of highly invasive, nonnative plant Feral cats and black rats can prey on interacting with fire (Battlori et al. 2013, species on an ongoing basis since the eggs, chicks, and adult SC Bell’s p. 1119). The effects of fire are 1990s (O’Connor 2019, pers. comm.). sparrows. Nonnative plant species may discussed separately below. Many conservation measures to limit alter ecological processes and habitats, While nonnative plants, especially the introduction and spread of while also directly competing with nonnative annual grasses, have the nonnative plants are included in the native plant species. potential to adversely affect the listed INRMP (Navy 2013a, pp. 3.289–3.290). Predation by black rats and feral plant species, nonnative grasses are The recently completed Biosecurity cats—Since listing, predation on SC present but not a dominant component Plan (Navy 2016, entire) will also more Bell’s sparrow by introduced black rats of the plant communities at the majority effectively control the arrival of and feral cats, and by native predators, of occurrences of the four SCI plant potentially invasive propagules. The has been documented (USFWS 2020a, p. species. SCI paintbrush and SCI lotus plan contains actions recommended to 57). While total population sizes of feral are often associated with vegetation avoid introduction of new invasive cats and black rats on the island are types where nonnative grasses are species and works to prevent and unknown and have not been estimated, present but not a dominant component respond to new introductions of the Navy conducts management of the plant community (Tierra Data Inc. nonnative species and bio-invasion activities for both on the island. 2005, pp. 29–42; Junak and Wilken vectors. Despite the existence of Nonnative wildlife management 1998, p. 261; USFWS 2007, pp. 6–7; nonnative plants on SCI, the four SCI implemented through the INRMP Vanderplank et al. 2019, p. 12). Surveys plant species have expanded in focuses on control of feral cats conducted in 2011 and 2012 found just distribution and abundance since listing throughout the island and rodent four occurrences (170 individuals) of (42 FR 40682; August 11, 1977). control near San Clemente loggerhead SCI paintbrush in communities shrike (Lanius ludovicianus mearnsi) dominated by invasive grasses and no Erosion nest sites (Meiman et al. 2013, p. 2). SCI lotus in communities dominated by Degradation of the vegetation due to This program, while unlikely to nonnative grasses (Vanderplank et al. the browsing of feral goats and rooting completely eradicate feral cats and black 2019, p. 12). Nonnative grasses do not of feral pigs modified the island’s rats, affords some protection to the SC occur densely within canyons, where habitat significantly and resulted in Bell’s sparrow, primarily through cat SCI bush-mallow occurs, and it does not increased erosion and soil loss over removal. Black rats remain commonly appear as if grasses are expanding, much of the island, especially on steep

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slopes where denuded soils could be their proximity to activities that can a road, and all of the rest have fewer quickly washed away during storm cause or exacerbate erosion. The SSAs than 20 percent of the individuals or events (Johnson 1980, p. 107; Tierra used a 30-m (100-ft) buffer around roads locations in areas considered in this Data Inc. 2007, pp. 6–7; Navy 2013a, pp. as an appropriate distance over which assessment to be at risk of road impacts 3.32–3.33). Since the feral animals were negative impacts to habitat could be (USFWS 2020d, p. 39). removed, much of the vegetation has perceptible and should be evaluated. SCI larkspur—Less than 10 percent of recovered, and natural erosion on the Previously, we considered individuals the current population of SCI larkspur island has decreased significantly (Navy that occur within 152 m (500 ft) of a lies within training areas, and none of 2013a, p. 3–33, Vanderplank et al. 2019, paved or unpaved road vulnerable to these plants are located in AVMAs, p. 15). Erosion problems currently are habitat degradation (Forman and which are the training areas where limited to localized areas, and because Alexander 1998, p. 217; 77 FR 29078, potential for erosion is of greatest of topography and soil characteristics, 29102, May 16, 2012). However, based concern. Of the distribution considered there always will be the potential for on expert opinion and observations on current, only 1 location comprising 70 localized erosion to occur at sites across SCI since 2012, increased erosion individuals is located within 30 m (100 the island. Periods of heavy rainfall can associated with roads does not extend as ft) of a road. Island-wide, this represents cause localized erosion, but these areas far from the road network as previously 1 percent of the total locations and 0.3 are difficult to predict. thought (O’Connor 2019, pers. comm.). percent of the total individuals. This In addition to erosion caused by past Based on these observations, the buffer location that could see road impacts is land uses, military training activities size was revised for our analysis. just one of five in the watershed, and the existing road network could SCI paintbrush—SCI paintbrush is comprising 11 percent of the total lead to erosion that could impact found mostly on non-clay soils that are individuals in the watershed (USFWS species and their habitats. Erosion is a not prone to piping (formation of 2020c, p. 56). primary concern associated with use of underground water channels), and no SCI bush-mallow—Approximately 13 the Assault Vehicle Maneuver Corridor piping or soil erosion channels have percent of the current population of SCI (AVMC). To address this concern, the been observed in SCI paintbrush bush-mallow lies within training areas, Navy is implementing the San Clemente locations (Vanderplank et al. 2019, p. but none of these plants are located in Island Erosion Control Plan (Navy 16). Only 2 percent of individuals AVMAs, which are the training areas 2013b, entire), which includes best detected in the 2011 and 2012 surveys with the greatest potential for erosion. management practices to prevent, were located in areas mapped as clay No current locations of SCI bush- minimize, and restore impacts to soils (Vanderplank et al. 2019, p. 16). mallow occur within 30 m (100 ft) of a sensitive resources within the AVMC. Along the eastern escarpment, SCI road. Implementation of this plan has resulted paintbrush is found in steep canyons in SC Bell’s sparrow—While some in prioritization of low-erosion areas proximity to Ridge Road, the primary habitat for SC Bell’s sparrow may be within the AVMAs for assault vehicle road that traverses most of the island affected by erosion, erosion is generally use, and establishment of routes within from northwest to southeast. Roadside localized (i.e., not widespread and the AVMAs, to reduce loss of vegetation occurrences of SCI paintbrush may limited in size) and is unlikely to affect cover and allow for better control of experience runoff during storm events individuals of the sparrow. erosion (Vanderplank et al. 2019, p. 16). (Navy 2008a, pp. G.4, G.8). Of the SCI The Navy monitors and evaluates soil The existing road network on SCI paintbrush current distribution, 144 erosion on SCI to assess priorities for includes Ridge Road and approximately individuals in 6 watersheds are located remediation (SERG 2006, entire; SERG 188 linear miles of dirt and paved within 30 m (100 ft) of a road or the 2015, entire), and efforts are made roadways. These roads can concentrate Artillery Vehicle Maneuver Road through revegetation and outplanting to water flow, causing incised channels (AVMR) (USFWS 2020e, p. 41). Island- restore areas where erosion occurs and erosion of slopes (Forman and wide, this represents 7 percent of the (SERG 2016, p. 2). The INRMP requires Alexander 1998, pp. 216–217). total occupied watersheds and 0.2 that all projects with potential erosion Increased erosion near roads could percent of the total individuals. impacts include soil conservation potentially degrade habitat, especially SCI lotus—Less than 1 percent of the measures for best management along the steep canyons and ridges. On current population of SCI lotus occurs practices, choosing sites that are capable occasion after particularly heavy rainfall within training areas where there is an of sustaining disturbance with events, localized areas of high erosion increased potential for erosion caused minimum soil erosion, and stabilizing stemming from roadways have been by military activities. The occurrence of disturbed sites (Navy 2013a, pp. 3.33– noted; however, regular road SCI lotus in Wilson Cove is in proximity 3.37). In addition, the Erosion Control maintenance and repair of associated to Navy facilities where erosion is Plan includes specific guidelines for the damage minimizes the potential for caused by construction of buildings and development and application of best such problems to spread. The SCI parking lots (USFWS 2008, p. 117). No management practices to minimize soil INRMP includes a management strategy individuals have been documented to be erosion within these training areas, that addresses island-wide erosion. affected by erosion in this area (SERG minimize offsite impacts, and prevent Implementation of the SCI INRMP as 2015, p. 40). Within the current soil erosion from adversely affecting well as the Erosion Control Plan (Navy distribution, 434 individuals in 6 federally listed or proposed species or 2013b, entire), which include best watersheds are located within 30 m (100 their habitats and other sensitive management practices to prevent, ft) of a road (USFWS 2020d, p. 39). resources (Navy 2013b, entire). minimize, and restore impacts to Island-wide, this represents 2 percent of Despite existing levels of soil erosion sensitive resources, is expected to the total locations and 2 percent of the on the island, the distributions of all prevent erosion from adversely affecting total individuals. Locations that could five species have increased since listing the SCI species and their habitats. be affected by road impacts (including (42 FR 40682; August 11, 1977). Current Potential for erosion to affect species trampling, erosion, and increased erosion issues are localized, and erosion depends on whether the species and invasive species) exist within 5 is generally decreasing on the island as their habitats occur on soils or watersheds. Only one of these has 100 the vegetation continues to recover. topography prone to erosion, and on percent of their individuals located near Only a small percentage of individuals

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and localities of these species occur levels, fires have little effect on shrubs, individual species depend on the within training areas or within which resprout and recover easily (Navy species’ fire tolerance and on the proximity to roads where activities can 2009, pp. 4–52). Typically, due to the overlap of its distribution with areas cause or exacerbate erosion. Although patchy nature of fires, not all areas where fires are likely to occur. the erosional processes must be within a fire footprint are burned Fires can impact plants on San considered at an island-wide scale, uniformly; that is, not all plants in a Clemente, but have been generally impacts from erosion are not rangewide. burn polygon are necessarily burned or localized, infrequent, and of low Instead, impacts are localized (i.e., not burned at the same severity (SERG 2012, severity, and have burned mostly in widespread and limited in extent) and p. 39). Although fire ignition points are regions where these taxa are not managed, so potential for loss of concentrated in the military training documented (USFWS 2020b, pp. 52, 56; individuals due to erosion is limited or areas, fires that escape these areas could USFWS 2020c, pp. 61, 66; USFWS unlikely. potentially spread to other areas of the 2020d, pp. 44, 50; USFWS 2020e, pp. island. However, due to vegetation and Fire and Fire Management 46, 52). In addition, rhizomes and seed topography, fires have generally been banks can help these plants survive and Fire is a natural component for confined to the same areas (Munson persist post-fire. Though severe fires regeneration and maintenance of many 2019, pers. comm.). may kill SCI lotus, some plants are habitats; however, maritime desert scrub Future increased fire frequency from communities on SCI are not found to intensified military use could lead to likely to survive and resprout after low have been fire-dependent due to localized changes in vegetation. The intensity fires (USFWS 2020d, pp. 20). maritime-related humidity, limited Navy significantly expanded the Severe fires may also kill individual SCI natural ignition sources, and number of locations where live fire and paintbrush plants, but plants are likely adaptations of specific indigenous demolition training can take place in to survive and may benefit from low- plants. The history of fire on the island 2008 (USFWS 2008, pp. 21–37). intensity fires (UWFSW 2020e, pp. 23– prior to 1979 is largely unknown, but However, while the number of acres that 24). SCI larkspur does not appear to be fires were set intermittently during burn annually varies greatly, the significantly affected by fire, likely due ranching to increase the cover of forbs frequency and extent of fire has to its dormant period coinciding with and grasses (Navy 2009, p. 3–2; Navy decreased since the Navy began actively periods when fires are more likely 2013a, p. 3.47). After the island was managing fire and implementing the (USFWS 2020c, pp. 30–31). SCI bush- purchased by the Navy in 1934, fire Wildland Fire Management Plan (Navy mallow may be tolerant of fire. Its became a more common occurrence 2009, entire; USFWS 2020a, p. 56; continued presence in areas that have throughout much of the island. Since USFWS 2020b, pp. 53–54; USFWS burned and documentation of 1979, over 50 percent of the island has 2020c, pp. 64–65; USFWS 2020d, pp. resprouting and recovering after fires experienced at least one wildfire with 45–47; USFWS 2020e, p. 48). The indicate it is at least somewhat tolerant smaller areas on the island having biggest fire years between the time of of fires (USFWS 2020b, p. 25). All four burned up to 10 times between 1979 listing and now, in 1985 and 1994, plant species appear to have increased and 2018 (Navy 2013a, p. 3–47; Navy, burned more than twice the acreage in distribution and population size unpub. data). than the two biggest fire years in the last under the current fire pattern and fire The number and extent of fires (acres 15 years (2012 and 2017) and since management. burned) varies annually, as does fire implementation of the Wildland Fire While fires have the potential to burn severity. Currently, most fires on the Management Plan (Navy 2009, entire; most places on the island, land use, island are a result of military training USFWS 2020a, p. 56; USFWS 2020b, p. vegetation, and historical patterns and activities. Most large fires are 53–54; USFWS 2020c, pp. 64–65; indicate that fires are most likely to ignited in the Impact Areas, with the USFWS 2020d, pp. 45–46; USFWS burn in the same areas they have majority of acreage burned concentrated 2020e, p. 48). historically. Table 5 indicates the in SHOBA (Navy 2013a, pp. 3–45). Fire Severe fires can kill shrubs and number of locations of each of the plant severity data (2007 to present) indicate woody vegetation and alter the species that have burned (USFWS that most fires are classified as low vegetation community, while frequent 2020b, pp. 51–53; USFWS 2020c, pp. severity, with vegetation considered fires may not allow individuals and 61–65; USFWS 2020d, pp. 45–49; lightly burned or scorched. However, habitat to recover between fire events USFWS 2020e, pp. 47–51). The majority 15.6 percent of the acreage burned has and have the potential to exceed a of habitat that support these four plant been of a severity class that has plant’s capacity to sustain populations taxa has not burned and less than 10 detrimental effects on shrubs, by depleting seed banks and reducing percent of the occupied locations have considered moderately severe to reproductive output (Zedler et al. 1983, burned more than once in the past 20 completely burned. At low severity pp. 811–815). However, effects to years (Table 5).

TABLE 5—NUMBER OF LOCATIONS AND INDIVIDUALS AFFECTED BY FIRE WITHIN THE LAST 20 YEARS

Number of Percent of Number of locations locations Species Total number locations burned two burned two or Number of Watersheds of locations burned or more times more times in individuals in 20 years 20 years

SCI lotus ...... 249 26 12 4.8% 855 10 SCI paintbrush ...... 601 133 47 7.8 8596 29 SCI larkspur ...... 74 5 0 0 458 2 SCI bush-mallow ...... 222 68 11 5.0 2076 4

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Given the historical patterns, most sparrow. Fires are generally of low it is unknown at this time if the same fires have burned outside locations severity and burn limited areas due to climate predictions for coastal where the four SCI plants species occur. the application of firebreaks and fire California (a warmer trend with Where plant locations have burned, suppression. To date, no fires have localized drying, higher precipitation most of those locations have burned broken out and burned the high-density events, and/or more frequent El Nin˜ o or infrequently over the last 20 years, boxthorn habitat (USFWS 2020a, p. 57). La Nin˜ a events) equally apply to the during which period the four SCI plant The Navy is expected to continue Channel Islands (Pierce 2004, p. 31). species have increased in distribution implementing its SCI Wildland Fire Low-level temperature inversions are and abundance. If fires become more Management Plan (Navy 2009), and we common along the California coast and frequent outside of the current fire expect that fires will continue to occur Channel Islands, and these inversions footprint or more severe in the future, in similar areas and at similar frequency form low cloud cover (fog), otherwise the species could be adversely affected and intensity to that observed between known as the marine layer, which has in areas that burn. However, the Navy 2010 and 2020, and affect a limited a strong influence on coastal ecosystems is expected to continue implementing number of individuals and locations of and SCI (Navy 2013a, pp. 3.13, 3.26). its SCI Wildland Fire Management Plan SC Bell’s sparrow. Although the island has a short rainy (Navy 2009), and we expect that fires season, the presence of fog during the Climate Change will continue to occur in similar areas summer months helps to reduce drought and affect a limited number of Since listing (42 FR 40682; August 11, stress for many plant species through individuals and locations of the four SCI 1977), the potential impacts of ongoing, shading and fog drip, and many species plant species. That said, we are not accelerated climate change have become are restricted to this fog belt (Halvorson concerned that fire is a threat to the a recognized threat to the flora and et al. 1988, p. 111; Fischer et al. 2009, listed plants, since they have expanded fauna of the United States p. 783). Thus, fog could help buffer their ranges significantly with the (Intergovernmental Panel on Climate species from effects of climatic change. removal of nonnative herbivores. Change (IPCC) 2007, pp. 1–52; Point However, coastal fog has been SC Bell’s sparrow—Fire can result in Reyes Bird Observatory (PRBO) decreasing in southern California in habitat loss and the direct mortality of Conservation Science 2011, pp. 1–68). recent decades, possibly due to adult SC Bell’s sparrows and nestlings Climate change is likely to result in urbanization (which would not affect (Navy 2018, p. 20). While any fire warmer and drier conditions with high SCI) or climate change (Williams et al. severity can destroy nests and nestlings, overall declines in mean seasonal 2015, p. 1527; Johnstone and Dawson low-severity fires are unlikely to precipitation but with high variability 2010, p. 4537; LaDochy and Witiw 2012, eliminate habitat altogether, as shrubs from year to year (IPCC 2007, pp. 1–18; p. 1157). Coastal cloud cover and fog are used as nesting and foraging habitat are Cayan et al. 2012, p. ii; Kalansky et al. poorly addressed in climate change typically not impacted or are able to 2018, p. 10). SCI is located in a models (Qu et al. 2014, pp. 2603–2605). recover or resprout. Most fires on SCI Mediterranean climatic regime with a Warming projections in California, have been classified as low severity, significant maritime influence. Current particularly the possibility that the which may singe or stress shrubs but models suggest that southern California interior will experience greater warming not kill or destroy them (USFWS 2020a, will likely be adversely affected by than the coast (Cayan et al. 2012, p. 7), pp. 51–57). A burned area, unless global climate change through suggest that the fate of coastal fog is experiencing a particularly severe fire, prolonged seasonal droughts and uncertain (Field et al. 1999, pp. 21–22; would still provide nesting substrate through rainfall coming at unusual Lebassi-Habtezion et al. 2011, pp. 8–11). once the shrubs have recovered. Any periods and in different amounts (Pierce One study found an increasing trend in fire can have a short-term negative 2004, p. 1–33, Cayan et al. 2005, p. 3– the strength of low-level temperature impact on SC Bell’s sparrows locally. 7, Campo Environmental Protection inversions, which suggests that the Frequent, widespread, or high-severity Agency (CEPA) 2006, p. 33; Jennings et marine layer is likely to persist and may fires could have a longer term negative al. 2018, p. iii; Kalansky et al. 2018, p. even increase (Iacobellis et al. 2010, p. impact depending on where and how 10); however, the Channel Islands are 129). Recent work examining projected they burn. A fire return-interval of 3 not well addressed in these models. changes in solar radiation and cloud years or less has been shown to Climate change models indicate an albedo (portion of solar radiation negatively impact woody shrubs on SCI increase in average temperature by 2 to reflected back to space by clouds) show (Keeley and Brennan 2015, p. 3). For 3 degrees Celsius (°C) (4 to 6 degrees projected increases in cloud albedo instance, a fire that burns a substantial Fahrenheit (°F)) (Representative during the dry season (July–September) portion of the boxthorn habitat or sage Concentration Pathway (RCP) 4.5) to 4 and decreases during the wet season brush habitat, areas with the highest to 5 °C (7 to 9 °F) (RCP 8.5) for the San (November and December, and March densities of SC Bell’s sparrow, could Diego Area of southern California by the and April) (Clemesha 2020, entire). impact a substantial portion of the SC end of the century (Jennings et al. 2018, Such a scenario could moderate the Bell’s sparrow population. The northern p. 9), with inland changes higher than effects of climate change on the Channel boxthorn strata supports almost 35 the coast (Cayan et al. 2012, p. 7). By Islands and would be expected to percent of the population (USFWS 2070, a 10 to 37 percent decrease in reduce its potential threat to island 2020a, p. 38). annual precipitation is predicted (PRBO plants, especially on the western shore’s Based on current knowledge of habitat 2011, p. 40; Jennings et al. 2018, p. iii), lower terraces, where the marine layer use, with the expansion of SC Bell’s although other models predict little to is common. Dry season low clouds and sparrows into a broader range of no change in annual precipitation (Field fog are particularly important to plant habitats, more of the subspecies’ et al. 1999, pp. 8–9; Cayan et al. 2008, growth, survival, and population distribution is within areas we expect p. S26). SCI typically receives less dynamics in arid systems through both could be impacted by fire. However, the rainfall than neighboring mainland a reduction in evapotranspiration current fire patterns and severity areas (Tierra Data Inc. 2005, p. 4). demand and potentially water indicate most fires typically start in the However, predictions of short-term and deposition (Corbin et al. 2005, p. 511; Impact Areas in SHOBA, away from the long-term climatic conditions for the Johnstone and Dawson 2010, p. 4533; highest density areas for SC Bell’s Channel Islands remain uncertain, and Oladi et al. 2017, p. 94).

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Current trends based on term changes in climate, the (SERG 2013, pp. 61–64) and the meteorological information suggest relationship between reproductive observation of cotyledons in the field climate change is already affecting output and rainfall and the impacts of provide anecdotal evidence that the southern California through sea level droughts of varying duration and species may be reproducing more often rise, warming, and extreme events like severity on the population are unclear, by sexual recombination. As the number large storms associated with El Nin˜ o and the mechanisms driving these of individuals (stems) increases, we events (Sievanen et al. 2018, p. 7). relationships are unknown (USFWS would expect by probability alone more Climate projections, suggest more severe 2020a, pp. 58–63). Changes in genetically distinct individuals over droughts or extended dry periods on temperature or rainfall patterns have the time because as the numbers of stems coastal California via lessened low potential to affect biotic interactions, increase, the probability of cross- stratus cloud regime and hydrologic such as decoupling the timing of plant pollination is increased (Rebman 2019, effects of reduced fog delivery (Fischer phenology versus insect activity. The pers. comm.). However, we do not know et al. 2009, pp. 783–799; NOAA 2009; likely persistence of the marine layer whether and how often new genets are Sievanen et al. 2018, p. 7). While long- would be expected to help moderate the produced in the population. term effects of climate change are effects of climate change on the Channel Patches of SCI bush-mallow on SCI typically projected to have major effects Islands and would be expected to contain many clones of individuals but in the latter half of this century (Cayan reduce its potential effects to island also contain distinct genetic et al. 2012, p. 24; Clemesha 2020, entire; plants, including nesting and cover individuals, and there is at least some Kalansky et al. 2018, pp. 19–21), there substrates for SC Bell’s sparrows. increase in distribution through is increasing uncertainty with longer While we recognize that climate seedling recruitment (Munson 2019, timeframes. Although climate change is change is an important issue with pers. comm.). However, it is still likely affecting coastal and inland habitat in potential effects to listed species and that many patches, especially the small the United States (Karl et al. 2009, pp. their habitats, information is not or more isolated ones, are comprised of 13–152), the site-specific effects of available to make accurate predictions only closely related individuals that climate change on SCI are uncertain. regarding its effects to the SCI species share alleles, impeding the likelihood of We, therefore, focused on a 20- to 30- addressed in this proposed rule. successful sexual reproduction year window to evaluate changes in However, given the timeframe presented (Helenurm 1999, pp. 39–40). The climate (precipitation and temperature) in climate change studies, major apparent historical loss of genetic in the species status assessments for impacts from climate change are diversity resulting in current low these four taxa. During this time period, unlikely to occur in the next 20 to 30 genetic variation is a potential threat for we do not expect major effects of years, the period for which we are able which there is no immediate solution or climate change. Models indicate an to make reliable predictions based on amelioration. However, currently, low increase in average temperature by 1 to the available climate change data. genetic diversity does not seem to preclude the ability of the species to 2 degrees Celsius (°C) (2 to 3 degrees Reduced Genetic Diversity ° ° sustain populations over time on the Fahrenheit ( F)) (RCP 4.5) to 2 to 3 C Genetic analysis suggests that SCI (3 to 4 °F) (RCP 8.5) by 2040 for the San island; historical diversity is unknown, bush-mallow has very low genetic and it may have always been low for Diego Area of southern California variation at both the species and (Jennings et al. 2018, p. 15), with inland this species. This species has increased population levels (Helenurm 1997, p. in numbers and distribution from that changes higher than the coast (Cayan et 50; Helenurm 1999, p. 39), and has been known at the time of listing (42 FR al. 2012, p. 7). However, in the 20- to observed to have low seed production 40682; August 11, 1977) and has 30-year window, climate change may (Helenurm 1997, p. 50; Junak and sustained populations through current result in more frequent or severe fires, Wilken 1998, p. 291; Helenurm 1999, p. levels of habitat disturbance, and we heavy periods of rainfall that could lead 39). Low seed production, in expect genetic variants within and to major erosion events, or periods of combination with low genetic diversity, among patches are increasing, however drought (Kalansky et al. 2018, p. 10). As can contribute to observed low slowly. discussed in the species status recruitment in populations (Huenneke assessments, predicting impacts due to 1991, pp. 37–40; Junak and Wilken Conservation Actions and Regulatory climate change are further complicated 1998, p. 291; Helenurm 1999, pp. 39– Mechanisms by uncertainty regarding the timing of 40). A reduction in occurrence size Pursuant to the Sikes Act (16 U.S.C. increased or decreased rainfall; wetter through years of grazing may have 670 et seq.), as amended, the Navy conditions in the winter and early substantially lowered genetic variation manages land and water resources on spring can lead to more growth early in (Helenurm 2005, p. 1221), which could the island under the San Clemente the season, which can provide more fuel decrease genetic fitness and Island INRMP (Navy 2013a). The goal of for fire later. However, wetter summers compromise the species’ ability to the INRMP is to maintain long-term and falls can prevent the fuel from adjust to novel or fluctuating ecosystem health and minimize impacts drying out enough to burn (Lawson environments, survive disease or other to natural resources consistent with the 2019, pers. comm.). Therefore, making pathogens, survive stochastic events, or operational requirements of the Navy’s predictions about future fire patterns as maintain high levels of reproductive training and testing mission (Navy affected by climate change is difficult. performance (Huenneke 1991, p. 40). 2013a, p. 1–9). Specifically, the INRMP Less rainfall and warmer air However, data on the genetic variation identifies key components that: (1) temperatures could limit the range of that existed historically are lacking. Facilitate sustainable military readiness plant species, and affect habitat and In recent years, the detected numbers and foreclose no options for future prey or forage for SC Bell’s sparrow, of SCI bush-mallow have increased in requirements of the Pacific Fleet; (2) although there is no direct research on abundance, although it is unknown how Protect, maintain, and restore priority the effects of climate change on any of much of this growth can be attributed to native species to reach self-sustaining the species. While SC Bell’s sparrow’s clonal growth versus sexual levels through improved conditions of reproductive success is influenced by reproduction and new genets. terrestrial, coastal, and nearshore rainfall, and could be affected by longer Successful seed collection in 2013 ecosystems; (3) Promote ecosystem

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sustainability against testing and and facilitates planning to avoid and invasive species introductions (such as training impacts; (4) Maintain the full minimize impacts of Navy training and graded areas, soil stockpiles, and suite of native species, emphasizing infrastructure projects. mowed areas) also are focal areas for endemic species. Erosion—The Navy monitors and control. High-priority invasive plants The SCI INRMP outlines appropriate evaluates soil erosion on SCI and uses are treated at locations across the island. management actions necessary to multi-year data to assess priorities for This control strategy has minimized the conserve and enhance land and water remediation (SERG 2006, entire; SERG need to treat invasive plant species resources, including: Invasive species 2015a, entire). The INRMP includes a within areas occupied by federally control island-wide including near management objective to ‘‘Conserve soil listed plants. listed and sensitive species; biosecurity resources, especially erodible soils near While many conservation measures to protocols; public outreach to promote the heads of canyons, knickpoints of limit the introduction and spread of compliance; restoration of sites that gullies, and areas threatening the nonnative plants are included in the support sensitive plants; habitat uninterrupted continuation of the INRMP (Navy 2013a, pp. 3.289–3.290), enhancement for sensitive and listed military mission or special status the recently completed Biosecurity Plan species. In addition, the Fire species, to provide drainage stability, (Navy 2016, entire) will help more Management Plan (Navy 2009) outlines native vegetation cover, and soil water effectively control the arrival of a strategy to reduce the impacts from holding capacity and protect site potentially invasive propagules. The fires, including fuel break installation to productivity, native plant cover, plan works to prevent and respond to minimize fire spread; and fire receiving waters, and access for the new introductions of nonnative species suppression inside and outside of military mission’’ (Navy 2013a, p. 3–35). and bio-invasion vectors. The Navy is SHOBA to protect endangered, Efforts are made to restore areas where currently working on an instruction that threatened, and other priority species erosion occurs, through revegetation will contain feasible, enforceable (Navy 2013a, p. 3.45; Vanderplank et al. efforts and the installation of erosion measures from the plan. Through 2019, pp. 15, 18–19; Munson 2019, pers. control materials (SERG 2016, p. 2). The implementation of this plan and the comm.). The INRMP outlines Navy incorporates erosion control ongoing island-wide nonnative plant management strategies for plant measures into all site feasibility studies control program, potential impacts from communities and sensitive species, and project design to minimize the nonnative plants are expected to be including recommended avoidance and potential to exacerbate existing erosion minimized (O’Connor 2019, pers. minimization measures that the Navy and avoid impacts to listed species. The comm.; Munson 2019, pers. comm.) may consider during the Site Approval INRMP requires that all projects include Nonnative predators—The current and Project Review Process (Navy erosion control work (Navy 2013a, p. 3– nonnative wildlife program focuses on 2013a, pp. 4–23, 4–28). The SCI INRMP 33). These conservation actions include island-wide nonnative predator also provides the mechanism for best management practices, choosing management, which was initiated by the compliance with other federal laws and sites that are capable of sustaining Navy in 1992 (USFWS 2008, p. 172). regulations such as the Federal Noxious disturbance with minimum soil erosion, Complete eradication of feral cats, black Weed Act of Act of 1974 (7 U.S.C. 2801), and stabilizing disturbed sites (Navy rats, and house mice on SCI is currently the Comprehensive Environmental 2013a, pp. 3.33–3.37). infeasible. Nonnative wildlife Response, Compensation, and Liability Nonnative species—The Navy has management focuses on control of feral Act (42 U.S.C. 9601), the Resources monitored and controlled the expansion cats throughout the island and rodent Conservation and Recovery Act (42 of highly invasive, nonnative plant control near San Clemente loggerhead U.S.C. 6901), and Soil Conservation Act species on an ongoing basis since the shrike nest sites (Meiman et al. 2013, p. (16 U.S.C. 3B). The INRMP and other 1990s (O’Connor 2019, pers. comm.), 2). This program affords some conservation measures are expected to and primary target species have protection to the SC Bell’s sparrow, remain in effect and afford protection to included Brassica tournefortii (Saharan primarily through cat removal. Rodent these five species regardless of the mustard), B. nigra (black mustard), control is conducted using traps and listing status. Measures specific to Foeniculum vulgare (fennel), bait stations around loggerhead shrike species or threats that are the subject of Asphodelus fistulosus (aspohodel), nest sites using Terad (active ingredient this proposed rule are discussed below. Stipa miliacea (smilo grass), Ehrharta cholecalciferol). The Navy has removed Migratory birds—The INRMP outlines calycina (African veldt grass), Plantago numerous cats, on average 211 annually steps to ensure compliance with coronopus (buckhorn plantain), (2001–2016; Burlingame et al. 2018, p. Executive Order (E.O.) 13186 Tragopogon porrifolius (salsify), and 29), and rodenticide was calculated to (‘‘Responsibilities of Federal Agencies Carpobrotus edulis (iceplant); additional have impacted 26,473 rodents in 2000 to Protect Migratory Birds’’; see 66 FR priority species may also be controlled (Navy 2002, pp. 4–66). The results of cat 3853, January 17, 2001) and the 2014 as they are located (e.g., SERG 2016, pp. and rat control efforts vary according to memorandum of understanding (MOU) 45–46). In general, the Navy treats over predator population cycles. between the Department of Defense 100,000 individuals of these various Fire—The Navy implements the SCI (DoD) and the Service to promote the species annually. Control of these Wildland Fire Management Plan (Navy conservation of migratory birds, which invasive plants benefits the ecosystem 2009, entire), which is focused on fire stipulates responsibilities for DoD. The on SCI by reducing their distribution prevention, fuels management, and fire MOU outlines a collaborative approach and minimizing the potential that they suppression. Implementation of the fire to promote the conservation of bird will invade habitat occupied by listed management plan provides planning populations, and the INRMP is required and at-risk taxa. Because invasive guidelines to reduce the potential for to address migratory bird conservation species introductions are more likely to ignitions during the drier times of the regardless of status under the Act. As occur along roadsides and because roads year, ensures that adequate fire part of the program outlined under the function as corridors for the spread of suppression resources are present to INRMP, the Navy supports the SC Bell’s invasive species propagules, much of protect resources, and provides sparrow population monitoring the invasive species treatment on the flexibility for the timing of military program. Population monitoring island focuses on roadsides; however, training and to ensure that adequate fire provides a robust population estimate other areas highly susceptible to suppression resources are present with

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an increased level of training activities sparrow and its habitat under the including land use, erosion, the spread (Navy 2009, entire). These measures existing training regime. Completion of of nonnatives, fire and fire management, minimize the frequency and spread of a SC Bell’s sparrow management plan and climate change. While full impacts fires that could result in impacts to will highlight important management of invasive species on the four plant habitat and to individuals of the five areas to conserve and monitor to ensure species are unknown, the effects are species. the continued conservation of this taxon likely minimal or localized, given the SC Bell’s sparrow—Current and in the future. expansion of the species on the island ongoing conservation measures Summary of conservation actions and despite the presence of invasive species. described above minimize impacts of regulatory mechanisms—The Sikes Act Climate change may influence the plant threats to SC Bell’s sparrow. requires DoD installations to prepare species by affecting germination or Additionally, the SCI INRMP is and implement INRMPs that provide for viability of adult plants if drought or currently being updated to include the conservation and rehabilitation of increasing temperatures result in prioritization of conservation and natural resources, including non-listed significant changes in vegetation management within four core SC Bell’s species. Consequently, due to this communities on SCI. The magnitude of sparrow habitat areas (approximately requirement, the conservation actions this rangewide threat and how it may 2,604 ha; O’Connor 2019, pers. comm.). outlined in the INRMP are expected to affect the plant taxa is unknown at this These areas were selected to assure continue into the future, regardless of time, but significant impacts from representation (e.g., multiple plant the listing status of the five species. climate change are unlikely to occur in communities) and redundancy (e.g., While changes to military training are the next 20 to 30 years (USFWS 2020b, multiple areas). They include high- possible, it is expected that the training p. 57; USFWS 2020c, pp. 66–67; density SC Bell’s sparrow habitat, footprint would be similar to the USFWS 2020d, p. 51; USFWS 2020e, p. assumed source populations, refugia baseline training footprint, and that 53). spread geographically, and areas of conservation measures would continue to be implemented to meet the goals of For all four plant species, we elevation and topographic importance to considered major threats to be impacts SC Bell’s sparrow. The intent of priority the INRMP. Additionally, changes to training have and will be subject to of military training and fire. For SCI conservation areas is to facilitate future environmental review under applicable paintbrush, SCI lotus, and SCI larkspur, planning in a manner that avoids laws and regulations, including the we also considered erosion as a result of impacts to important SC Bell’s sparrow National Environmental Policy Act training or proximity to roads to be a habitat, and to protect the population (NEPA) and the Navy’s Site Approval major threat; SCI bush-mallow does not against stochastic catastrophic events and Review Process, which includes occur in areas near roads or in training (USFWS 2020a, p. 66). identifying avoidance and minimization areas where potential erosion is a Final delineation of areas and measures for plant communities and concern. We ranked the levels of these management strategies will be identified sensitive species, including measures threats in each watershed to evaluate within an SC Bell’s sparrow recommended in the SCI INRMP (Navy the extent to which the species are management plan, which is currently 2013a, pp. 4–23, 4–28). If these five exposed to and potentially affected by being prepared in coordination with the species are delisted, they would these threats (USFWS 2020b, pp. 59–60; Service (USFWS 2020a, p. 66). Although continue to be considered sensitive USFWS 2020c, pp. 69–70; USFWS the management plan is not finalized, species and any impacts would be 2020d, pp. 54–55; USFWS 2020e, pp. we anticipate completion by fall/winter evaluated through these processes 56–57). Level of threats were 2020/2021. With the identification of (O’Connor 2019, pers. comm.). categorized as none, low, or moderate. core habitat areas in the INRMP, and A low level of threats is defined as management of these areas consistent Summary of Factors Influencing threats that could potentially affect less with the management plan, we Viability than 50 percent of the locations, anticipate that the Navy will: (1) At the time of listing (42 FR 40682; individuals, or area within the Preclude significant development August 11, 1977), the biggest threat to watershed. A moderate level of threat is within these areas, to the extent feasible; the SCI species was habitat destruction defined as threats that could potentially (2) prioritize these four areas for and modification due to feral grazers. affect 50 percent or more of the protection under fire management Since the removal of the last feral locations, individuals, or area within plans; and (3) prioritize these four areas herbivores, vegetation is recovering, and the watershed. Table 6, below, indicates for invasive species control, as needed habitat conditions have improved the percentages and numbers of (USFWS 2020a, p. 66) to help manage substantially. Currently, all five species watersheds, and the estimated for the SC Bell’s sparrow. While we are now more widely distributed on the individuals in those watersheds that expect that incorporation of SC Bell’s island with greater estimated numbers were categorized as having no identified sparrow core habitat areas into the of individuals than were previously or low threats, or moderate threats. The INRMP will improve coordination of known. majority of watersheds where plant taxa conservation measures for the SC Bell’s occur are in areas with no or low sparrow, the Navy’s current and ongoing Plants exposure to threats affecting less than management described above minimizes For the plant species, we assessed half of the locations, individuals, or area the impacts of threats to SC Bell’s threats to individuals and habitat occupied.

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TABLE 6—NUMBERS AND PERCENTAGES OF WATERSHEDS AND INDIVIDUALS ASSESSED TO HAVE VARYING LEVELS OF THREATS [USFWS 2020b, pp. 59–60; USFWS 2020c, pp. 69–70; USFWS 2020d, pp. 54–55; USFWS 2020e, pp. 56–57]

No or low Moderate Moderate threats No or low threats threats threats Species % watersheds % individuals % watersheds % individuals (n) (n) (n) (n)

SCI lotus ...... 78 (45) 90 (18,640) 22 (13) 10 (2,013) SCI paintbrush ...... 75 (65) 85 (35,702) 25 (22) 15 (6,402) SCI larkspur ...... 100 (22) 100 (18,956) 0 (0) 0 (0) SCI bush-mallow ...... 73 (11) 60 (3,345) 27 (4) 40 (2,266)

SC Bell’s Sparrow of the island, and those areas that are population trends, which indicate the We assessed remaining threats to SC intensively used are currently either ability of the species to withstand and Bell’s sparrow individuals and habitat, unoccupied or already support low recover from stochastic events. including predation, drought, climate densities of SC Bell’s sparrows. The Resiliency was considered higher change, military training, and fire. largest potential known threat to the SC within watersheds supporting a greater Ongoing predator control programs are Bell’s sparrow is fire. The Navy actively number of individuals over time; implemented to control nonnative implements fire prevention and however, if all of the individuals within predator species on the island, and the containment measures as part of the fire a watershed were in just one location, population of SC Bell’s sparrow has management plan. Thus, although fire we assumed that they are less resilient grown despite ongoing impacts. Drought currently impacts SC Bell’s sparrows than a watershed with the same number could potentially affect SC Bell’s and their habitat, current fire patterns of individuals that are spread out across sparrow, as reduced nesting success has do not appear to pose a threat to SC multiple locations, as plants will be been reported in drier years, especially Bell’s sparrow population viability. more likely to sustain populations if droughts become more frequent or Species Condition through stochastic events if one severe. While the effects of drought on localized event is unable to affect all the Here, we discuss the current productivity of the island-wide plants in the entire watershed. population are not fully understood, condition of each species, taking into and additional data are needed to clarify account the risks to those populations Because few comprehensive surveys this relationship, the population has that are currently occurring, as well as have been conducted for plant species rebounded quickly from past droughts management actions that are currently on SCI, data from 2011 and 2012, which and is expected to retain its ability to do occurring to address those risks. represent the most recent comprehensive surveys, were so in the future. Likewise, climate Plants change may influence or affect supplemented with prior and vegetation and thus nesting and foraging In our evaluation of current subsequent data, following a rule set to habitat (USFWS 2020a, p. 63). The conditions, for each plant species and exclude and buffer data that might magnitude of this rangewide threat and watershed, we developed and assigned result in double counting, and to how it may affect the SC Bell’s sparrow condition categories. To assess the exclude occurrence data more than 15 is unknown at this time, but significant resiliency of plant species, we assessed years old. Because of lack of pre- and impacts from climate change are the overall condition of the population post-fire surveys, numbers of unlikely to occur in the next 20 to 30 by evaluating occupancy, locations, and individuals of SCI lotus and SCI years (USFWS 2020a, pp. 63–64). individuals within each watershed. We paintbrush (the two species most likely Future military training impacts are categorized our assessed resiliency to be negatively affected by severe fires) expected to occur in the existing scores by watershed based on number of in watersheds that burned were adjusted training footprint, and have the individuals: ‘‘very high’’ means to assume some mortality from two potential to impact a small percentage of populations with 500 or more severe fires in the last 15 years (USFWS the SC Bell’s sparrow population, based individuals; ‘‘high’’ means populations 2020d, pp. 56–57; USFWS 2020e, pp. on the estimated number of SC Bell’s with 100–499 individuals; ‘‘moderate’’ 58–60). Adjusted numbers of locations sparrows that inhabit the training means populations with 10–99 and individuals were then used to footprint. Training within the current individuals; and ‘‘low’’ means categorize resiliency in each watershed footprint that could have high-intensity populations with fewer than 10 as low, moderate, high, or very high (see impacts occurs on less than 20 percent individuals. We also examined Table 7, below).

TABLE 7—NUMBER OF WATERSHEDS WITH HIGH OR VERY HIGH RESILIENCE

Number of watersheds Percent of individuals with ‘‘very high’’ and that occur in watersheds Species ‘‘high’’ resilience rated with ‘‘very high’’ (occupied watersheds) and ‘‘high’’ resilience

SCI paintbrush ...... 48 (87) 96 SCI lotus ...... 22 (58) 92 SCI larkspur ...... 14 (22) 93 SCI bush-mallow ...... 9 (15) 96

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The majority of individuals of each of conditions, and considered different any point in time and did not include the plant species occur in watersheds future scenarios for impacts of military recruitment in the modeling to avoid with high or very high resilience, which training and fire: status quo (baseline overestimating growth (i.e., apparent suggests that the majority of watersheds impacts), and moderate or high changes in abundance or distribution are likely to be able to withstand increases in fire severity and training could be accounted for by individuals stochastic events. While all four plant within the existing frequent fire and breaking dormancy rather than through species are considered to consist of one training footprint. We also considered recruitment of new individuals). As population, their distributions across these scenarios assuming moderate and noted above under Species Condition, multiple watersheds with a variety of low recruitment for the plant species, for purposes of modeling current and habitat types, elevations, and slopes also and high and low densities for SC Bell’s future conditions, the current baseline make it unlikely that the entire sparrow. While specific effects of numbers of individuals of SCI lotus and population of any of the species would climate change are uncertain and were SCI paintbrush (the two species most be affected by a catastrophic event. not modeled, increases in fire severity, likely to be negatively affected by severe Genetic variation in SCI bush-mallow is which could result from either fires) were adjusted to assume some considered to be low for an island increased training or from effects of mortality from two severe fires in the endemic, which, coupled with its clonal climate change, and low recruitment/ last 15 years (USFWS 2020d, pp. 56–57; nature, could potentially make the density serve as proxies for potential USFWS 2020e, pp. 58–60), so numbers species less able to adapt to changing effects. We used a 20- to 30-year presented here differ slightly from environmental conditions. However, timeframe for modeling future estimated current distribution and low genetic diversity does not seem to conditions because beyond this abundance. be precluding the species from timeframe, the impacts of climate To model fire severity, which could sustaining itself on the island. change on SCI, specifically the result from increased training or effects persistence of the fog belt and the of climate change, we used the frequent SC Bell’s Sparrow timing and patterns of fog and rainfall, fire footprint (burned 2 or more times) The current population (2018) is are uncertain, making predictions from the past 20 years to project where estimated at 2,676 territories (5,284 unreliable. future fires are likely to occur. To model individuals) island-wide. Overall, the increases in fire severity, we assumed Plants population of SC Bell’s sparrows on SCI greater numbers of individuals would be has increased since listing and, for at As recovery of plant communities on affected by fire and removed from the least the past 5 years, has withstood SCI continues, the number of population. Because SCI larkspur does current stochastic effects. Given these individuals within watersheds and not appear to be significantly affected by trends and the relatively large number of occupied watersheds are fire, likely due to its dormant period population size, we consider this expected to continue to increase. While coinciding with periods when fires are population to currently be highly existing data indicate that numbers and more likely, we only included increased resilient to stochastic factors. While we distribution of the plant species are training in our modeling of future consider SC Bell’s sparrow to consist of greater than in the past, the rates at conditions for that plant. a single population, its distribution which groups of plants expand over To model effects of land use and across the island and ability to use a time are unknown. Therefore, we training, we used the current footprint range of elevations and habitats indicate modeled recruitment at moderate and of training areas. Using the percent of the species’ adaptability and that it is low levels for SCI paintbrush and SCI individuals that occur either within a unlikely that the entire population of lotus. Because SCI bush-mallow training area or near a road, we the species would be affected by a single currently appears to be reproducing calculated the total number of catastrophic event. primarily clonally rather than through individuals that could be affected by sexual reproduction and exhibits low increased training in that watershed. We Future Conditions seed production, we modeled low and assumed an increasing number of To assess current threats and future no recruitment to account for this locations and individuals would be conditions, we evaluated the proportion condition. Because of SCI larkspur’s affected by increased training intensity. of each population exposed to long dormancy periods, we do not know The results are presented below in Table anthropogenic stressors under baseline how many individuals are present at 8.

TABLE 8—NUMBER OF WATERSHEDS WITH HIGH AND VERY HIGH RESILIENCE, TOTAL OCCUPIED WATERSHEDS, AND NUMBER OF INDIVIDUALS UNDER CURRENT AND FUTURE SCENARIOS

Total number Number of of occupied Individuals watersheds watersheds (ranges with high or (with low and represent low very high moderate and moderate resilience recruitment) recruitment)

SCI paintbrush: Current ...... 48 87 42,104 Status quo ...... 48 87 (92–97) 43,489–51,773 Increased fire/training ...... 42 84 (89–94) 40,435–48,137 Extreme fire/training ...... 41 80 (85–90) 38,078–45,330 SCI lotus: Current ...... 22 57 20,743 Status quo ...... 23 57 (62–67) 21,595–25,708 Increased fire/training ...... 21 57 (62–67) 20,627–24,556 Extreme fire/training ...... 19 57 (62–67) 19,706–23,460

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TABLE 8—NUMBER OF WATERSHEDS WITH HIGH AND VERY HIGH RESILIENCE, TOTAL OCCUPIED WATERSHEDS, AND NUMBER OF INDIVIDUALS UNDER CURRENT AND FUTURE SCENARIOS—Continued

Total number Number of of occupied Individuals watersheds watersheds (ranges with high or (with low and represent low very high moderate and moderate resilience recruitment) recruitment)

SCI larkspur: Current ...... 14 22 18,956 Status quo ...... 14 22 18,956 Increased fire/training ...... 13 22 18,749 Extreme fire/training ...... 13 20 18,542 SCI bush-mallow: Current ...... 9 15 5,611 Status quo ...... 9 15 5,611–5,892 Increased fire/training ...... 9 15 5,200–5,461 Extreme fire/training ...... 9 15 4,131–4,337

SC Bell’s Sparrow calculated the estimated number of second scenario, we report the number territories for each stratum under two of SC Bell’s sparrows that would be We modeled the future condition of potential future scenarios: (1) A ‘‘status supported outside these areas where SC Bell’s sparrow over a 20- to 30-year quo’’ scenario in which conditions there may be increased impacts to the time frame given two different scenarios remain similar to those observed subspecies’ habitat. This provided an of future impacts from military training between 2013 and 2018 (i.e., no changes estimate of the minimum number of and fire, the two most significant in training intensity, or fire pattern or territories that could be supported current and future threats. Using both a frequency), and (2) an ‘‘increased outside of projected fires and training low and high density estimate impacts’’ scenario in which increased area impacts within each stratum. We (calculated by manipulating the lowest impacts from training and fire reduce summed the territories in each stratum and highest density estimates for each the suitability of habitat within existing for an island-wide estimate, giving a habitat stratum measured between 2013 training areas and frequent fire range from low to high densities (see and 2018 by one standard error), we footprints to some extent. For the Table 9, below).

TABLE 9—NUMBER OF TERRITORIES AND NUMBER OF ADULTS OF SC BELL’S SPARROW UNDER CURRENT AND FUTURE SCENARIOS

‘‘Status Quo’’: No further Increased SC Bell’s sparrow Current impacts impacts (current (minimum habitat) habitat)

Territories ...... 1,494–3,859 1,449–4,650 1,113–3,413 Number of adults ...... 2,988–7,718 2,899–9,300 2,225–6,826

Limitations and Uncertainties taxa continued to be present and that habitat within the existing fire and the four plant taxa are extant at those training footprint under the most Our models project numbers of locations last reported in 2004. We also extreme scenarios considered, all watersheds and individuals for plants generally assumed that military training species are expected to remain resilient. and numbers of territories and adults for and fire would affect the same areas Each species would continue to occupy SC Bell’s sparrow under a range of they have historically, and we made a broad distribution on the island across possible future conditions. However, several assumptions about extent of a variety of habitats under status quo there are several limitations and future impacts within the same and increased threat scenarios, so uncertainties associated with our geographic footprint. We also concluded representation and redundancy are not projections (USFWS 2020a, pp. 77–78; that the Navy will continue to manage expected to decrease significantly. USFWS 2020b, pp. 68–69; USFWS and protect habitat where these five taxa We note that, by using the SSA 2020c, pp. 77–78; USFWS 2020d, pp. occur on SCI. While there are a number framework to guide our analyses of the 69–70; USFWS 2020e, pp. 72–73). These of uncertainties and assumptions, our scientific information documented in include differences in survey projections represent the best available the SSA reports, we have not only methodologies over time and lack of scientific and commercial information analyzed individual effects on the information regarding demographic and and are useful predictions of the current species, but we have also analyzed their life-history characteristics of the and future viability of the species. potential cumulative effects. We species, which required us to make Summary of Future Conditions incorporated the cumulative effects into several assumptions in our estimates our SSA analyses when we and projections. We presumed that While all five species might characterized the current and future where surveys were not conducted since experience reductions in numbers of condition of the species. To assess the 2004, individuals from the four plant individuals or occupied watersheds or current and future conditions of the

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species, we undertook an iterative manmade factors affecting its continued current levels of resiliency, redundancy, analysis that encompassed and existence. and representation. incorporated the threats individually In addition to threats in common to Status Throughout All of Its Range and then accumulated and evaluated the all five SCI species, small population effects of all the factors that may be After evaluating threats to the species size (Factor E) was formerly considered influencing the species, including and assessing the cumulative effect of a threat to SC Bell’s sparrow, with a low threats and conservation efforts. the threats under the section 4(a)(1) of 38 individuals reported in 1984. Because the SSA framework considers factors, we found that the primary However, the species is now more not just the presence of the factors, but threats to SC Bell’s sparrow, SCI widely distributed on the island, and to what degree they collectively paintbrush, SCI lotus, SCI larkspur, and population estimates have been influence risk to the entire species, our SCI bush-mallow identified at the time consistently over 4,000 adults since SSA assessment integrated the of and since listing have been 2013. Predation by black rats and feral cumulative effects of the factors and eliminated or reduced. At the time of cats (Factor C) was also considered a replaces a standalone cumulative effects listing (42 FR 40682; August 11, 1977), threat to SC Bell’s sparrow at the time analysis. We lack specific information habitat destruction and modification of listing. While predation on SC Bell’s on how various threats may interact, but caused by nonnative herbivores (Factor sparrow still occurs, the Navy potential cumulative effects include A) was considered to be the primary implements predator control on SCI, interactions of military training, fire, cause of decline for all five species. and predation on SC Bell’s sparrow does not appear to be limiting the population. invasive species, and climate change. Since removal of all nonnative The species is currently considered to For example, effects of climate change herbivores was completed in 1992, plant be resilient and is expected to maintain could increase the frequency or severity communities on the island are close to current levels of resiliency, of fire. Although we lack specific recovering, and habitat conditions are redundancy, and representation under a information on effects of climate improving for all species. The current range of projected future conditions. change, we assumed in our modeling of sizes and distributions of each of the Thus, after assessing the best available future conditions that increased fire species are greater than were previously information, we determine that San could result from either increased known. Currently and in the future, Clemente Bell’s sparrow is not in danger training or from climate change, or a individuals and habitat of each of the combination. We also modeled a range of extinction now or likely to become so five species may be affected by military in the foreseeable future throughout all of increased impacts of training and/or training activities (Factors A and E), fire, as well as low and moderate of its range. erosion (Factor A), invasive species No additional threats beyond those recruitment or densities, and used (Factors A and E), and fire and fire common to all five SCI species have conservative approaches to estimate management (Factors A and E). These been identified for SCI paintbrush. With resulting populations to account for the remaining threats to the species, removal of nonnative herbivores, and possibility of cumulative effects. We including fire, erosion, and invasive conservation efforts implemented by the found in our evaluation of current and species, are managed by the Navy Navy, numbers and distribution of SCI future conditions that all five species through implementation of the SCI paintbrush have increased. The SCI are likely to continue to maintain close INRMP, Fire Management Plan, Erosion paintbrush population numbered to current levels of resiliency, Control Plan for SCI, and other approximately 1,000 individuals in redundancy, and representation, despite associated management plans. 1984. The current island-wide the potential for cumulative effects. Implementation of avoidance and population is estimated at 42,104 Determinations of Species Status minimization measures and programs individuals across 87 watersheds. The outlined in these plans is expected to majority of these individuals currently Section 4 of the Act (16 U.S.C. 1533) continue regardless of the listing status occur in watersheds with high or very and its implementing regulations (50 of the five species. In addition, the Navy high resiliency. Additionally, the CFR part 424) set forth the procedures will continue to consider these five species is expected to maintain close to for determining whether a species meets species and incorporate avoidance and current levels of resiliency, redundancy, the definition of an ‘‘endangered minimization measures for land use and representation under a range of species’’ or a ‘‘threatened species.’’ The activities, including infrastructure projected future conditions. Thus, after Act defines an endangered species as a projects and military training proposals assessing the best available information, species that is ‘‘in danger of extinction as part of the Site Approval and Project we determine that San Clemente Island throughout all or a significant portion of Review process. Thus, existing paintbrush is not in danger of extinction its range,’’ and a threatened species as conservation programs and regulatory now or likely to become so in the a species that is ‘‘likely to become an mechanisms, such as the INRMP, are foreseeable future throughout all of its endangered species within the expected to continue to provide range. foreseeable future throughout all or a protections to these species, regardless No additional threats beyond those significant portion of its range.’’ The Act of listing status. Because the Channel common to all five SCI species have requires that we determine whether a Islands are not well addressed in been identified for SCI lotus. With species meets the definition of an current climate models and there is removal of nonnative herbivores, and ‘‘endangered species’’ or a ‘‘threatened uncertainty regarding how climate conservation efforts implemented by the species’’ because of any of the following change may affect habitats and species Navy, numbers and distribution of SCI factors: (A) The present or threatened on SCI, we were not able to assess its lotus have increased. While the destruction, modification, or long-term effects, but because of historical range and distribution of SCI curtailment of its habitat or range; (B) moderating effects of maritime influence lotus is not known, its distribution has overutilization for commercial, on SCI, we do not expect major impacts increased from the 6 locations noted in recreational, scientific, or educational over the next 20 to 30 years. Our 1984 (USFWS 1984, pp. 17, 35). The purposes; (C) disease or predation; (D) evaluation of current and future current island-wide population is the inadequacy of existing regulatory conditions indicates all five species are estimated at 21,251 individuals across mechanisms; or (E) other natural or likely to continue to maintain close to 58 watersheds. The majority of these

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individuals currently occur in Clemente Island bush-mallow is not in management plans, there is no watersheds with high or very high danger of extinction now or likely to biologically meaningful way to break resiliency. Additionally, the species is become so in the foreseeable future the limited ranges of these species into expected to maintain close to current throughout all of its range. portions, and the threats that the species levels of resiliency, redundancy, and face affect the species throughout their Status Throughout a Significant Portion representation under a range of entire ranges. This means that no of Its Range projected future conditions. Thus, after portions of the species’ ranges have a assessing the best available information, Under the Act and our implementing different status from their rangewide we determine that San Clemente Island regulations, a species may warrant status. Therefore, no portion of the lotus is not in danger of extinction now listing if it is in danger of extinction or species’ ranges can provide a basis for or likely to become so in the foreseeable likely to become so in the foreseeable determining that the species are in future throughout all of its range. future throughout all or a significant danger of extinction now or likely to No additional threats beyond those portion of its range. Having determined become so in the foreseeable future in common to all five SCI species have that the SC Bell’s sparrow, SCI a significant portion of their ranges, and been identified for SCI larkspur. While paintbrush, SCI lotus, SCI larkspur, and we find that San Clemente Bell’s the historical range and distribution of SCI bush-mallow are not in danger of sparrow, San Clemente Island SCI larkspur is not known, its extinction or likely to become so in the paintbrush, San Clemente Island lotus, distribution has increased from the 6 to foreseeable future throughout all of their San Clemente Island larkspur, and San 7 locations noted in 1984 (USFWS 1984, ranges, we now consider whether any of Clemente Island bush-mallow are not in pp. 17, 35). The current island-wide these species may be in danger of danger of extinction now or likely to population is estimated at 18,956 extinction or likely to become so in the become so in the foreseeable future in individuals within 22 watersheds. The foreseeable future in a significant any significant portion of their ranges. majority of these individuals currently portion of its range—that is, whether This is consistent with the courts’ occur in watersheds with high or very there is any portion of the species’ range holdings in Desert Survivors v. high resiliency. Additionally, the for which it is true that both (1) the Department of the Interior, No. 16–cv– species is expected to maintain close to portion is significant, and (2) the species 01165–JCS, 2018 WL 4053447 (N.D. Cal. current levels of resiliency, redundancy, is in danger of extinction now or likely Aug. 24, 2018), and Center for Biological and representation under a range of to become so in the foreseeable future in Diversity v. Jewell, 248 F. Supp. 3d, 946, projected future conditions. Fire that portion. Depending on the case, it 959 (D. Ariz. 2017). (Factors A and E) is thought to currently might be more efficient for us to address not significantly affect SCI larkspur, but the ‘‘significance’’ question or the Determination of Status changes in timing, frequency, or severity ‘‘status’’ question first. We can choose to Our review of the best available of fire could potentially negatively affect address either question first. Regardless scientific and commercial information the species. However, the Navy’s of which question we address first, if we indicates that the San Clemente Bell’s implementation of fire management is reach a negative answer with respect to sparrow, San Clemente Island expected to continue to minimize the the first question that we address, we do paintbrush, San Clemente Island lotus, risk of fire to SCI larkspur. Thus, after not need to evaluate the other question San Clemente Island larkspur, and San assessing the best available information, for that portion of the species’ range. Clemente Island bush-mallow do not we determine that San Clemente Island In undertaking this analysis for SC meet the definition of an endangered larkspur is not in danger of extinction Bell’s sparrow, SCI paintbrush, SCI species or a threatened species in now or likely to become so in the lotus, SCI larkspur, and SCI bush- accordance with sections 3(6), 3(20), foreseeable future throughout all of its mallow, we choose to address the status and 4(a)(1) of the Act. Therefore, we range. question first—we consider information propose to delist (remove) the San In addition to threats common to all pertaining to the geographic distribution Clemente Bell’s sparrow, San Clemente five SCI species, reduced genetic of both the species and the threats that Island paintbrush, San Clemente Island diversity (Factor E) has been identified the species faces to identify any lotus, San Clemente Island larkspur, and as a potential threat for SCI bush- portions of the range where the species San Clemente Island bush-mallow from mallow. However, currently, low is endangered or threatened. the Lists of Endangered and Threatened genetic diversity does not seem to be The SC Bell’s sparrow, SCI Wildlife and Plants. precluding the species’ ability to sustain paintbrush, SCI lotus, SCI larkspur, and Effects of This Proposed Rule itself on the island. With removal of SCI bush-mallow are found solely on nonnative herbivores, and conservation San Clemente Island, an area of This proposal, if made final, would efforts implemented by the Navy, approximately 56 square mi (145 square revise 50 CFR 17.11(h) to remove San numbers and distribution of SCI bush- km, 36,073 acres (ac), or 14,598 hectares Clemente Bell’s sparrow mallow have increased. At the time of (ha)). Each of these species is a narrow (Artemisiospiza belli clementeae), listing, SCI bush-mallow was only endemic that functions as a single, which is listed as San Clemente sage known from three locations (42 FR contiguous population. While we sparrow (Amphispiza belli clementeae), 40682; August 11, 1977). The current divided each of the species’ ranges into from the Federal List of Endangered and island-wide population is estimated at analysis units in order to quantify Threatened Wildlife, and would revise 5,611 individuals across 15 watersheds. threats and analyze resiliency, these 50 CFR 17.12(h) to remove San The majority of these individuals units are not meant to represent Clemente Island bush-mallow currently occur in watersheds with high ‘‘populations’’ in a biological sense; (Malacothamnus clementinus), San or very high resiliency. Additionally, rather, these units were designed to Clemente Island paintbrush (Castilleja the species is expected to maintain close facilitate assessing and reporting current grisea), San Clemente Island lotus, to current levels of resiliency, and future resilience. Given the species’ (Acmispon dendroideus var. traskiae), redundancy, and representation under a small ranges, and the Navy’s and San Clemente Island larkspur range of projected future conditions. management to eliminate or reduce (Delphinium variegatum ssp. kinkiense) Thus, after assessing the best available threats through implementation of the from the Federal List of Endangered and information, we determine that San SCI INRMP and other associated Threatened Plants. The prohibitions and

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conservation measures provided by the numbers, distribution, and threats (4) Be divided into short sections and Act, particularly through sections 7 and status, as well as ongoing management sentences; and 9, would no longer apply to these and conservation efforts that have (5) Use lists and tables wherever species. Federal agencies would no improved the status of the species since possible. longer be required to consult with the listing. The PDM plan identifies, to the If you feel that we have not met these Service under section 7 of the Act in the extent practicable and in accordance requirements, send us comments by one event that activities they authorize, with our current understanding of the of the methods listed in ADDRESSES. To fund, or carry out may affect these species’ life history, measurable better help us revise the rule, your species. There is no critical habitat thresholds and responses for detecting comments should be as specific as designated for any of these species. and reacting to significant changes in possible. For example, you should tell Post-Delisting Monitoring the species’ populations, distribution, us the numbers of the sections or and viability. If declines are detected paragraphs that are unclearly written, Section 4(g)(1) of the Act requires us equaling or exceeding these thresholds, which sections or sentences are too to monitor for not less than 5 years the the Service, in combination with the long, the sections where you feel lists or status of all species that are delisted due Navy, will investigate causes of these tables would be useful, etc. to recovery. Post-delisting monitoring declines, including considerations of refers to activities undertaken to verify habitat changes, anthropogenic impacts, National Environmental Policy Act (42 that a species delisted due to recovery stochastic events, or any other U.S.C. 4321 et seq.) remains secure from the risk of significant evidence. The result of the extinction after the protections of the We have determined that we do not investigation will be to determine if any need to prepare an environmental Act no longer apply. The primary goal of the species warrant expanded of post-delisting monitoring is to assessment or environmental impact monitoring, additional research, statement, as defined in the National monitor the species to ensure that its additional habitat protection, or status does not deteriorate, and if a Environmental Policy Act (42 U.S.C. resumption of Federal protection under 4321 et seq.), in connection with decline is detected, to take measures to the Act. halt the decline so that proposing it as determining a species’ listing status We currently appreciate any under the Endangered Species Act. We an endangered or threatened species is information on what should be included not again needed. If at any time during published a notice outlining our reasons in post-delisting monitoring strategies for this determination in the Federal the monitoring period data indicate that for these species (see Information protective status under the Act should Register on October 25, 1983 (48 FR Requested, above). Given the Navy’s 49244). be reinstated, we can initiate listing past and current stewardship efforts, procedures, including, if appropriate, management for the species has been Government-to-Government emergency listing. At the conclusion of effective to date, and it is reasonable to Relationship With Tribes the monitoring period, we will review expect that management will continue all available information to determine if In accordance with the President’s to be effective for the species and their relisting, the continuation of memorandum of April 29, 1994 habitats beyond a post-delisting monitoring, or the termination of (Government-to-Government Relations monitoring period, and well into the monitoring is appropriate. with Native American Tribal Section 4(g) of the Act explicitly future. In addition to post-delisting Governments; 59 FR 22951), Executive requires that we cooperate with the monitoring activities that would occur if Order 13175 (Consultation and States in development and this proposed rule becomes final, the Coordination with Indian Tribal implementation of post-delisting Navy anticipates continued Governments), and the Department of monitoring programs. However, we management of the species in the Interior’s manual at 512 DM 2, we remain ultimately responsible for accordance with the SCI INRMP and readily acknowledge our responsibility compliance with section 4(g) and, other management plans. Additional to communicate meaningfully with therefore, must remain actively engaged monitoring or research (beyond post- recognized Federal Tribes on a in all phases of monitoring. We also delisting monitoring requirements) may government-to-government basis. In seek active participation of other occur in the future for these and other accordance with Secretarial Order 3206 entities that are expected to assume rare endemics on SCI based on available of June 5, 1997 (American Indian Tribal responsibilities for the species’ resource levels. We will work closely Rights, Federal-Tribal Trust conservation after delisting, in this case, with the Navy to ensure post-delisting Responsibilities, and the Endangered the Navy, an integral partner and the monitoring is conducted if these species Species Act), we readily acknowledge sole owner and manager of San are delisted and to ensure future our responsibilities to work directly Clemente Island. management strategies are implemented with Tribes in developing programs for We are currently coordinating with (as warranted) to benefit these species. healthy ecosystems, to acknowledge that the Navy to develop and implement Required Determinations Tribal lands are not subject to the same effective post-delisting monitoring controls as Federal public lands, to (PDM) for the SC Bell’s sparrow, SCI Clarity of the Rule remain sensitive to Indian culture, and lotus, SCI paintbrush, SCI larkspur, and We are required by Executive Orders to make information available to Tribes. SCI bush-mallow. The Draft Post- 12866 and 12988 and by the There are no Tribal lands associated Delisting Monitoring Plan for Five San Presidential Memorandum of June 1, with this proposed rule. Clemente Island Species (USFWS 2020f, 1998, to write all rules in plain References Cited entire) is available at http:// language. This means that each rule we www.regulations.gov under Docket No. publish must: A complete list of references cited in FWS–R8–ES–2020–0074. The PDM plan (1) Be logically organized; this rulemaking is available on the builds upon current monitoring (2) Use the active voice to address internet at http://www.regulations.gov techniques and research, as well as readers directly; and upon request from the Carlsbad emerging technology and techniques. (3) Use clear language rather than Fish and Wildlife Office (see FOR Monitoring will assess the species’ jargon; FURTHER INFORMATION CONTACT).

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Authors 50 of the Code of Federal Regulations, § 17.12 [Amended] as set forth below: The primary authors of this proposed ■ 3. Amend § 17.12(h) by removing the rule are the staff members of the Fish PART 17—ENDANGERED AND entries for ‘‘Acmispon dendroideus var. and Wildlife Service’s Species THREATENED WILDLIFE AND PLANTS traskiae’’, ‘‘Castilleja grisea’’, Assessment Team and the Carlsbad Fish ‘‘Delphinium variegatum ssp. and Wildlife Office. ■ 1. The authority citation for part 17 kinkiense’’, and ‘‘Malacothamnus clementinus’’ under FLOWERING List of Subjects in 50 CFR Part 17 continues to read as follows: Authority: 16 U.S.C. 1361–1407; 1531– PLANTS from the List of Endangered Endangered and threatened species, 1544; and 4201–4245, unless otherwise and Threatened Plants. Exports, Imports, Reporting and noted. recordkeeping requirements, Martha Williams, Transportation. § 17.11 [Amended] Principal Deputy Director, Exercising the ■ 2. Amend § 17.11(h) by removing the Delegated Authority of the Director, U.S. Fish Proposed Regulation Promulgation entry for ‘‘Sparrow, San Clemente sage’’ and Wildlife Service. Accordingly, we propose to amend under BIRDS from the List of [FR Doc. 2021–08581 Filed 5–4–21; 8:45 am] part 17, subchapter B of chapter I, title Endangered and Threatened Wildlife. BILLING CODE 4333–15–P

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Notices Federal Register Vol. 86, No. 85

Wednesday, May 5, 2021

This section of the FEDERAL REGISTER the Federal eRulemaking Portal. Go to results will assist in the development of contains documents other than rules or http://www.regulations.gov and follow appropriate and effective prevention proposed rules that are applicable to the the online instructions for submitting strategies to improve the health of public. Notices of hearings and investigations, comments electronically. young children. With nearly 45 percent committee meetings, agency decisions and All responses to this notice will be of US infants participating in WIC, it is rulings, delegations of authority, filing of petitions and applications and agency summarized and included in the request hoped that prevention strategies statements of organization and functions are for Office of Management and Budget implemented in WIC will have a examples of documents appearing in this approval. All comments will be a matter substantial impact on the growth and section. of public record. health of U.S. infants and children. FOR FURTHER INFORMATION CONTACT: The data will be used to estimate the Requests for additional information or type and prevalence of various feeding DEPARTMENT OF AGRICULTURE copies of this information collection practices among children who received should be directed to Amanda Reat at WIC program benefits, after their Food and Nutrition Service [email protected] or Courtney program eligibility ends. This study will also examine the circumstances and Agency Information Collection Paolicelli at 571.302.6447. influences that shape caregivers’ feeding Activities: Special Supplemental SUPPLEMENTARY INFORMATION: Comments decisions for their children, and will Nutrition Program for Women, Infants, are invited on: (a) Whether the proposed describe the impact of childhood WIC and Children (WIC) Infant and Toddler collection of information is necessary participation on subsequent dietary and Feeding Practices Study-2 (WIC for the proper performance of the health outcomes. In addition, the study ITFPS–2) Year 9 Extension functions of the agency, including whether the information shall have will examine if those who left the AGENCY: Food and Nutrition Service practical utility; (b) the accuracy of the longitudinal study are fundamentally (FNS), USDA. agency’s estimate of the burden of the different from those who remain in the ACTION: Notice. proposed collection of information, study. including the validity of the The study activities subject to this SUMMARY: In accordance with the methodology and assumptions that were notice include: Inform 27 WIC State Paperwork Reduction Act of 1995, this used; (c) ways to enhance the quality, agencies and 80 local WIC sites of the notice invites the general public and utility, and clarity of the information to data collection, and their role in the other public agencies to comment on be collected; and (d) ways to minimize study; contact 27 WIC State agencies for this proposed information collection. the burden of the collection of administrative data on the participants This collection is a revision of the information on those who are to who left the study before the child’s currently approved collection for respond, including use of appropriate fifth birthday; contact 3,020 caregivers Special Supplemental Nutrition automated, electronic, mechanical, or before the 9-year interview to notify Program for Women, Infants, and other technological collection them of the study extension and for Children (WIC) Infant and Toddler techniques or other forms of information them to provide consent and contact Feeding Practices 2 Study (ITFPS–2) technology. information updates, and to send study [OMB Control Number 0584–0580]. The Title: Special Supplemental Nutrition reminders; administer an additional revision is to extend data collection on Program for Women, Infants, and telephone interview to caregivers of the original cohort of study participants Children (WIC) Infant and Toddler children enrolled in the study when by one more interview around their 9th Feeding Practices Study-2 (ITFPS–2) their child is 9 years old; administer a birthday, which is four years after the Year 9 Extension. second dietary intake interview to a end of their period of eligibility for WIC Form Number: N/A. subsample of caregivers who complete services. It also seeks to collect OMB Number: 0584–0580. the first interview; and obtain child’s administrative data from WIC State Expiration Date: March 31, 2022. height and weight measurements agencies to examine the WIC Type of request: Revision of a around age nine, taken by their health participation patterns of participants currently approved collection. care provider or at WIC sites, from who enrolled in the study but Abstract: The USDA Food and caregivers. discontinued their participation during Nutrition Service’s (FNS) WIC ITFPS–2 The WIC State Agency and local WIC the first 5 years of the study (i.e., during provides information on the feeding site staff will be invited to participate in the period of time when study children practices of children who received WIC a webinar that will highlight key study would be categorically eligible for WIC). benefits, from birth up to 6 years of age. findings to date (from reports approved DATES: Written comments must be The proposed data collection will and published by FNS) and describe the received on or before July 6, 2021. extend the longitudinal data collection data collection at age nine. The 27 State ADDRESSES: Comments may be sent to: of the current cohort of study Agencies and 80 sites will participate in Amanda Reat, Office of Policy Support, participants for one more interview at conference calls to discuss the follow- Food and Nutrition Service, USDA, nine years of age, four years after the up activities. The 27 State Agencies will 1320 Braddock Place, Alexandria, VA end of their eligibility for WIC services. be asked to provide administrative data 22314. Comments may also be This proposed extension is needed to on the participants who left the study submitted via fax to the attention of understand the nutrition, health before the study child’s fifth birthday. Amanda Reat at 703–305–2576 or via outcomes, and family feeding practices Upon approval, the caregivers will be email to [email protected]. of school-aged children in the period mailed a study announcement letter, Comments will also be accepted through after WIC program eligibility ends. The consent form, and contact information

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form. Periodically before the 9-year Affected Public: (1) Individuals/ summary of the study and agreed upon interview, caregivers will receive Households (2) State, Local, or Tribal activities, and 1 administrative data mailings, calls, emails, and text government, and (3) Profit/Non-profit request for a total of 5 responses. An messages asking for their updated Business. Respondent groups identified estimated 14 out of the 27 State agencies contact information. About a week prior include (1) caregivers of children will also respond to requests for contact to being contacted for the 9-year formerly on WIC; (2) WIC State Agency information for an average of 9 telephone interview, the caregiver for staff from 27 states and territories and responses. WIC local site points-of- each child in the cohort will be mailed local site staff from 80 WIC sites (both contact (both the state and local an advance letter that includes a toll- government and business/non-profit), government and profit/non-profit free number to call for questions or to and (3) healthcare providers. businesses) will respond to 1 study complete the interview at any time Estimated Number of Respondents: announcement, 1 study webinar; 1 during the six-week interview window. The total estimated number of conference call; 1 written summary of Children’s H/W measures will come respondents is 3,474. This includes the study and agreed upon activities; 15 from provider records supplied by 2,668 caregivers of children formerly requests (once monthly during the 15- caregivers, or WIC site staff will weigh receiving WIC who originally enrolled month data collection period) to WIC and measure study children around in the study; 27 WIC State Agency clinics requesting updates to contact their ninth birthday. WIC site staff will points-of-contact; 80 local WIC agencies information for hard to reach caregivers; also provide updated contact (52 government and 28 business/non- and 4 child height/weight information on study participants who profits) staff members; 347 healthcare measurements, for a total of 23 providers; and 352 non-respondents. are still in contact with WIC, when responses. Healthcare providers will Estimated Number of Responses per respond to one request from the requested. Healthcare providers will be Respondent: The estimated number of contacted by the caregivers who do not caregiver to measure the child. We responses per respondent across the anticipate that there will be 352 non- wish to go to the WIC sites to measure entire collection is 10. Caregivers of the child. respondents and that these will all be former WIC children will be asked to caregivers of former WIC children. From the last submission of the ICR respond to: 1 study letter; 1 informed to this revision, the number of the consent; 1 contact information form; up Estimated Total Annual Responses: respondents to the telephone interview to 3 reminders for the contact 34,759 total responses (total responses and height and weight measurement information form; 1 advance letter; 1 from respondents and non-respondents). collection has decreased. The burden on main telephone survey; 1 replicate Estimated Time per Response: The the caregivers has increased slightly dietary intake telephone survey; 1 child estimated time per response varies from because of the increase in the interview height/weight measurement; 3 interview less than one minute to 54.65 hours, length and the contacts to obtain reminders, on average; 3 height and depending on the activity and updated contact information. The weight measurement reminders on respondent type. The average estimated burden on the State agencies has average; 1 thank-you message; 2 time per response across the entire increased substantially because of the birthday messages/cards, for a total of collection is 15.36 hours. request to provide administrative data 19 responses. WIC State Agency points- Estimated Total Annual Burden on on the participants who left the study of-contact will respond to 1 study Respondents: 5,340 hours. See Table 1 before the study child’s fifth birthday, extension announcement, 1 study below for estimated total annual burden which is new to this data collection. webinar; 1 conference call; 1 written for each type of respondent.

Table 1: Estimated Burden by Respondent Type

Burden Table

Rupondent RHpondent H Total Burden Type Description TVP• of Study ActMty J! Houn Age 9 Studv Consent Form (a) 3,020 2,668 2,668 0.08 222.78 352 1 352 0.08 29.39 252,17 Study extension letter (a) 3,020 2,668 2,668 0.05 133.67 352 1 352 0.05 17.64 151.30

Contact Information Form ~ Round 1 (b) 2,668 1,067 1,067 0.10 106.93 1,601 1 1,601 0.10 160.40 267.33 Contact Information Form Reminder - Round 2 (b) 2,668 1,067 1,067 0.10 106.93 1,601 1 1,601 o. 10 160.40 267.33 Contact Information Form Reminder - Round 3 (b) 1,601 641 641 0.10 64.23 960 1 960 0.10 96.17 160.40 Contact Information Form Reminder - Round 4 (b) 960 384 384 0.10 38.47 576 1 576 0.10 57.70 96.17 9 Year Interview advance letter ( c) 2,668 2,268 0.05 113.62 400 1 400 0.05 20.05 133.67 9 Vear Interview telephone survey ( d) 3,020 1,068 1,068 1.00 1,068.00 1,952 1 1,952 0.01 19.52 1,087.52 9 Vear 2nd AMPM telephone survey ( e } 160 107 107 0.50 53.67 53 I 53 0.01 0.53 54.20 9 Year H/W measurement card (f) 2,668 694 694 1.00 694.20 1,974 I 1,974 0.01 19.74 713.94 Reminders 9-Year interview ts:I 1,068 427 427 0.07 28.54 641 1 641 0.07 44.86 73.39 Reminders 9-Vear interview (gl 641 256 256 0.07 17.13 385 1 385 0.07 26.92 44.05 Reminders 9-Vear interview fgl 385 154 154 0.07 10.29 231 I 231 0.07 16.17 26.46 Height and weight reminders (h} 694 278 278 0.01 2.30 416 1 416 0.01 4.16 6.47 Height and weight reminders (h} 416 166 166 0.01 1.38 250 1 250 0.01 2.50 3.88 Height and weight reminders (h} 250 100 100 0.83 150 1 150 0.01 1.50 2.33 9~Year thank you {i) 1,068 1,068 1}068 0.01 10.68 0 0 0 0.00 0.00 ID.68 Birthday card respondent year 9 (j) 2,668 2,134 2,134 0.01 17.71 534 1 534 0.01 4.43 22.14 Birthday card child age 9 {kl 2,668 2,134 2,134 0.01 17.71 534 1 534 0.01 4.43 22.14 tndMduals ■ nd Household, Subtotal(■ ) { c ) 5,020 a.&118 19,350 0.14 2,709.06 9S2 S7 12,961 0.0S 186,51 3,995.58

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Study extension announcement 27 27 1 27 0.08 2.25 0 0 0 0.00 0.00 2.25 I Study extension webinar (0 27 27 1 27 1.00 27.00 0 0 0 0.00 0.00 27.00 8 Conference calls on ektension (m) 27 27 1 27 1.00 27.00 0 0 0 0.00 0.00 27.00

•:\; Study exten$ion summary and agreement (n) 27 27 1 21 0,27 7.2.1 0 0 0 0.00 o.oo 7.21 !l. "'{I Request for contact information (p) 14 14 9 126 0.08 10.52 0 0 0 0.00 0.00 10.52 ~ I 3l Administrative data on Lost to Followup Partidpants 27 27 1 27 54.6S 1,475.55 0 0 0 0.00 0.00 1,47S.SS j J!j (o) ;\1 ... Subtotal l r ~ 27 27 10 261 6 1,549,M 0 0 0 0 0,00 1,549,54 .9 Study extension announcement 52 52 1 52 0.08 4.34 0 0 0 0.00 0.00 4.34 o$ Study extension webinar 52 52 1 S2 1.00 52.00 0 0 0 0.00 0.00 S2.00 j Conference call on extension 52 52 1 52 1.00 52.00 0 0 0 0.00 0.00 52.00 "E{! C J!j 8 Stud'!,' extension summary and agreement 52 52 1 52 0.27 13.89 0 0 0 0.00 0.00 13.89 ~} 3C l Request for contact information (pl 52 52 15 780 0.08 65.13 0 0 0 0.00 0.00 65.13 HT/WT measurement (q) 52 52 4 208 0.17 34.74 0 0 0 0.00 0.00 34.74

Subtot■ I ( r ) 52 52 2S 1,196 0,19 222,10 0 0 0 0,00 0,00 222,10

State-/Locat Gowmm•nt Subtotal 19 79 18 1,457 1,22 1,171,64 0 0 0 o.oo 0,00 1,771.64

Sllta/1.ocal Government Subtotal 79 79 18 1,457 1,22 1,'71.64 0 0 0 0,00 0,00 1,771.64 Study extension announcement 28 28 1 28 0.08 2.34 0 0 0 0.00 0.00 2.34 Study extension webinar 28 28 1 28 1,00 28,00 0 0 0 0,00 0.00 28.00

li N Conference call on extension 28 28 1 28 1.00 28.00 0 0 0 0.00 0.00 28.00 • C ~ 1J 8 • 'Qi 0 u u Study extension summary and agreement 28 28 1 28 0.08 2.34 0 0 0 0.00 0.00 2.34 ! iH u 0. "' Request for contact information (p) 28 28 15 420 0.08 35.07 0 0 0 o.oo o.oo 35.07 ~ HT/WT measurement (q) 28 28 4 112 0,17 18.70 0 0 0 0,00 0,00 18,70 z~ Subtotal ( r) 28 28 2J 644 0,18 114.45 0 0 0 o.oo o.oo 114.45 '::, r.: • ~ u,lJ~ - H/W measurement (s) 347 347 1 347 0.17 57.95 0 0 0 0.00 0.00 57.95 fl:c

Proflt/Non•Proflt Bulln1t1 Subtotal 37S 375 3 991 0,17 m.4o 0 0 0 0.00 0,00 172.40

GRAND TOTAL 3,474 3,122 7 21,798 0,213 4,653 352 37 12,961 0.053 686.51 5,339.62

Cynthia Long, Okanogan, Chelan, Kittitas, and Yakima Individuals who use Acting Administrator, Food and Nutrition Counties, consistent with the Federal telecommunication devices for the Service. Lands Recreation Enhancement Act. hearing-impaired (TDD) may call the [FR Doc. 2021–09488 Filed 5–4–21; 8:45 am] RAC information and virtual meeting Federal Information Relay Service BILLING CODE 3410–30–P information can be found at the (FIRS) at 1–800–877–8339 between 8:00 following website: https:// a.m. and 8:00 p.m., Eastern Daylight www.fs.usda.gov/main/okawen/ Time, Monday through Friday. DEPARTMENT OF AGRICULTURE workingtogether/advisorycommittees. SUPPLEMENTARY INFORMATION: The DATES: The meetings will be held on: purpose of the meeting is to: Forest Service • June 1, 2021, 9:00 a.m.–4:00 p.m., 1. Hear from Title II project Pacific Daylight Time; Wenatchee-Okanogan Resource proponents and discuss project • June 4, 2021, 9:00 a.m.–4:00 p.m., Advisory Committee; Meetings proposals; Pacific Daylight Time; and • 2. Make funding reccomendations on AGENCY: Forest Service, USDA. June 16, 2021, 9:00 a.m.–4:00 p.m., Pacific Daylight Time. Tittle II projects; ACTION: Notice of meetings. All RAC meetings are subject to 3. Approve meeting minutes; and SUMMARY: The Wenatchee-Okanogan cancellation. For status of meetings 4. Schedule the next meeting. Resource Advisory Committee (RAC) prior to attendance, please contact the These meetings are open to the will hold a series of virtual meetings by person listed under FOR FURTHER public. The agendas will include time phone and/or video conference. The INFORMATION CONTACT. for individuals to make oral statements committee is authorized under the ADDRESSES: The meetings will be held of three minutes or less. Individuals Secure Rural Schools and Community virtually via telephone and/or video. wishing to make an oral statement at Self-Determination Act (the Act) and Written comments may be submitted as any of the meetings should request in operates in compliance with the Federal described under SUPPLEMENTARY writing by May 12, 2021, to be Advisory Committee Act. The purpose INFORMATION. All comments, including scheduled on the agenda for that of the committee is to improve names and addresses when provided, particular meeting. Anyone who would collaborative relationships and to are placed in the record and are like to bring related matters to the provide advice and recommendations to available for public inspection and attention of the committee may file the Forest Service concerning projects copying. The public may inspect written statements with the committee and funding consistent with Title II of comments received upon request. staff before or after the meeting. Written the Act as well as make FOR FURTHER INFORMATION CONTACT: RAC comments and requests for time for oral recommendations on recreation fee Coordinator Robin DeMario by phone at comments must be sent to RAC proposals for sites on the Okanogan- 509–664–9292 or via email at Coordinator Robin DeMario, 215 Wenatchee National Forest within [email protected] . Melody Lane, Wenatchee, Washington,

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98801; or by email to robin.demario@ Conference ID: 771 850 094#. To have DEPARTMENT OF AGRICULTURE usda.gov. the video conference link emailed to Meeting Accommodations: If you are you, please contact Robin Hasselquist Forest Service a person requiring reasonable by phone at 907–789–6212 or email at accommodation, please make requests [email protected] by June 4, Daniel Boone Resource Advisory in advance for sign language 2021. Committee; Meeting interpreting, assistive listening devices, Written comments may be submitted AGENCY: Forest Service, USDA. or other reasonable accommodation. For as described under SUPPLEMENTARY ACTION: Notice of meeting. access to the facility or proceedings, INFORMATION. All comments, including please contact the person listed in the names and addresses when provided, SUMMARY: The Daniel Boone Resource section titled FOR FURTHER INFORMATION are placed in the record and are Advisory Committee (RAC) will hold a CONTACT. All reasonable available for public inspection and virtual meeting by phone and/or video accommodation requests are managed copying. The public may inspect conference. The committee is on a case-by-case basis. comments received upon request. authorized under the Secure Rural Cikena Reid, FOR FURTHER INFORMATION CONTACT: Schools and Community Self- USDA Committee Management Officer. Robin Hasselquist, RAC Coordinator, by Determination Act (the Act) and [FR Doc. 2021–09455 Filed 5–4–21; 8:45 am] phone at 907–789–6212 or email at operates in compliance with the Federal Advisory Committee Act. The purpose BILLING CODE 3411–15–P [email protected]. of the committee is to improve Individuals who use collaborative relationships and to telecommunication devices for the provide advice and recommendations to DEPARTMENT OF AGRICULTURE hearing-impaired (TDD) may call the the Forest Service concerning projects Federal Information Relay Service and funding consistent with Title II of Forest Service (FIRS) at 1–800–877–8339 between 8:00 the Act. RAC information and virtual a.m. and 8:00 p.m., Eastern Daylight Lynn Canal Icy-Strait Resource meeting information can be found at the Time, Monday through Friday. Advisory Committee; Meeting following website: https:// SUPPLEMENTARY INFORMATION: The www.fs.usda.gov/main/dbnf/ AGENCY: Forest Service, USDA. purpose of the meeting is to: workingtogether/advisorycommittees. ACTION: Notice of meeting. 1. Review/Approve meeting minutes; DATES: The meeting will be held on June SUMMARY: The Lynn Canal-Icy Strait 2. Review current budget; 9, 2021 at 6:00 p.m., Eastern Daylight (LCIS) Resource Advisory Committee 3. Hear from Title II project Time. (RAC) will hold a virtual meeting by proponents and discuss project All RAC meetings are subject to phone and/or video conference. The proposals; cancellation. For status of the meeting committee is authorized under the 4. Make funding reccomendations on prior to attendance, please contact the Secure Rural Schools and Community Tittle II projects; and person listed under FOR FURTHER INFORMATION CONTACT. Self-Determination Act (the Act) and 5. Schedule the next meeting. operates in compliance with the Federal ADDRESSES: The meeting will be held The meeting is open to the public. Advisory Committee Act. The purpose virtually via telephone and/or video The agenda will include time for people of the committee is to improve conference. to make oral statements of three minutes collaborative relationships and to Written comments may be submitted or less. Individuals wishing to make an provide advice and recommendations to as described under SUPPLEMENTARY oral statement should request in writing, the Forest Service concerning projects INFORMATION. All comments, including by Friday, June 4, 2021, to be scheduled and funding consistent with Title II of names and addresses when provided, on the agenda. Anyone who would like the Act. The committee also makes are placed in the record and are to bring related matters to the attention recommendations on recreation fee available for public inspection and of the committee may file written proposals for sites on the Tongass copying. The public may inspect statements with the committee staff National Forest within boroughs comments received upon request. associated with the LCIS RAC, before or after the meeting. Written comments and requests for time for oral FOR FURTHER INFORMATION CONTACT: Tim consistent with the Federal Lands Reed, Designated Federal Officer (DFO), Recreation Enhancement Act. General comments must be sent to Robin Hasselquist, 8510 Mendenhall Loop by phone at 606–515–7942 or via email RAC information can be found at the at [email protected]. following website: http:// Road, Juneau, Alaska 99801, or by email to [email protected]. Individuals who use www.fs.usda.gov/main/pts/ telecommunication devices for the Meeting Accommodations: If you are specialprojects/racweb. hearing-impaired (TDD) may call the a person requiring reasonable DATES: The meeting will be held on Federal Information Relay Service accommodation, please make requests Wednesday, June 16, 2021 from 1:00 (FIRS) at 1–800–877–8339 between 8:00 in advance for sign language p.m.–4:00 p.m. Alaska Daylight Time. a.m. and 8:00 p.m., Eastern Daylight interpreting, assistive listening devices, All RAC meetings are subject to Time, Monday through Friday. or other reasonable accommodation. For cancellation. For status of the meeting SUPPLEMENTARY INFORMATION: The prior to attendance, please contact access to the proceedings, please contact Robin Hasselquist. All reasonable purpose of the meeting is to: Robin Hasselquist by phone at 907–789– 1. Elect a chairperson; 6212 or email at robin.hasselquist@ accommodation requests are managed on a case-by-case basis. 2. Approve operating guidelines; usda.gov. 3. Review new Title II project ADDRESSES: The meeting will be held Cikena Reid, proposals; virtually via telephone and/or USDA Committee Management Officer. 4. Receive public input; and videoconference. The phone call-in [FR Doc. 2021–09457 Filed 5–4–21; 8:45 am] 5. Recommend Title II projects for number is 1–202–650–0123, Phone BILLING CODE 3411–15–P funding.

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The meeting is open to the public. date of this publication and continue Paonia District Ranger decisions: Delta The agenda will include time for people until further notice. County Independent to make oral statements of three minutes ADDRESSES: Lucy Aragon, Regional Gunnison District Ranger decisions: or less. Individuals wishing to make an Administrative Review Coordinator Gunnison Country Times oral statement should request in writing (Acting), Rocky Mountain Region, 1617 Norwood District Ranger decisions: by May 28, 2021, to be scheduled on the Cole Blvd., Bldg. 17, Lakewood, CO Telluride Daily Planet agenda. Anyone who would like to 80401. Ouray District Ranger decisions: bring related matters to the attention of Montrose Daily Press. A ‘‘courtesy’’ the committee may file written FOR FURTHER INFORMATION CONTACT: copy will also be published in the statements with the committee staff Lucy Aragon, Regional Administrative Ouray County Plaindealer before or after the meeting. Written Review Coordinator (Acting), by telephone at (303) 275–5188 or by email Medicine Bow-Routt National Forests comments and requests for time for oral and Thunder Basin National Grassland comments must be sent to Tim Reed, at [email protected]. Designated Federal Officer, Stearns SUPPLEMENTARY INFORMATION: The Forest Supervisor decisions: Laramie Ranger District, 3320 Highway 27 North, administrative procedures at 36 CFR Daily Boomerang Whitley City, Kentucky, 42653; by email parts 214, 218, and 219 require the Laramie District Ranger decisions: to [email protected]. Forest Service to publish notices in a Laramie Daily Boomerang Meeting Accommodations: If you are newspaper of general circulation. The Douglas District Ranger decisions: a person requiring reasonable content of the notices is specified in 36 Casper Star-Tribune accommodation, please make requests CFR parts 214, 218, and 219. In general, Brush Creek-Hayden District Ranger in advance for sign language the notices will identify: The decision decisions: Rawlins Daily Times interpreting, assistive listening devices, or project, by title or subject matter; the District Ranger decisions for Hahns or other reasonable accommodation. For name and title of the official making the Peak-Bears Ears and Yampa: access to the facility or proceedings, decision; how to obtain additional Steamboat Pilot Parks District Ranger decisions: Jackson please contact the person listed in the information; and where and how to file County Star section titled FOR FURTHER INFORMATION comments or appeals/objections. The CONTACT. All reasonable date the notice is published will be used Nebraska National Forest, Nebraska accommodation requests are managed to establish the official date for the and South Dakota on a case-by-case basis. beginning of the comment or appeal/ Forest Supervisor decisions: The Rapid Dated: April 29, 2021. objection period. The newspapers to be City Journal Cikena Reid, used are as follows: Bessey District/Charles E. Bessey Tree USDA Committee Management Officer. Regional Forester, Rocky Mountain Nursery District Ranger decisions: [FR Doc. 2021–09456 Filed 5–4–21; 8:45 am] Region The North Platte Telegraph BILLING CODE 3411–15–P Pine Ridge District Ranger decisions: Regional Forester decisions affecting The Rapid City Journal National Forests in Colorado, Kansas, District Ranger decisions for Samuel R. Nebraska and those portions of South DEPARTMENT OF AGRICULTURE McKelvie National Forest: The North Dakota and Wyoming within the Platte Telegraph Forest Service Rocky Mountain Region: The Denver District Ranger decisions for Fall River Post and Wall Districts, Buffalo Gap Newspapers Used for Publication of Arapaho and Roosevelt National National Grassland: The Rapid City Legal Notices by the Rocky Mountain Forests and Pawnee National Grassland Journal Region: Colorado, Kansas, Nebraska, District Ranger decisions for Fort Pierre and Parts of South Dakota and Forest Supervisor decisions: Coloradoan National Grassland: The Capital Wyoming Canyon Lakes District Ranger decisions: Journal Coloradoan AGENCY: Forest Service, USDA. Pawnee District Ranger decisions: Pike and San Isabel National Forests ACTION: Notice. Greeley Tribune and Cimarron and Comanche National Boulder District Ranger decisions: Daily Grasslands SUMMARY: This notice lists the Camera Forest Supervisor decisions: Pueblo newspapers that will be used by the Clear Creek District Ranger decisions: ranger districts, districts, forests, and Chieftain Clear Creek Courant San Carlos District Ranger decisions: regional office of the Rocky Mountain Sulphur District Ranger decisions: Region to publish legal notices. The Pueblo Chieftain Middle Park Times Comanche District-Carrizo Unit District intended effect of this action is to Ranger decisions: Plainsman Herald inform interested members of the public Bighorn National Forest Comanche District-Timpas Unit District which newspapers the Forest Service Forest Supervisor and District Ranger Ranger decisions: Tribune Democrat will use to publish notices of proposed decisions: Casper Star-Tribune Cimarron District Ranger decisions: Tri- actions and notices of decision. This Black Hills National Forest State News will provide the public with South Platte District Ranger decisions: constructive notice of Forest Service Forest Supervisor and District Ranger Douglas County News Press proposals and decisions, provide decisions: The Rapid City Journal Leadville District Ranger decisions: information on the procedures to Grand Mesa, Uncompahgre, and Herald Democrat comment, object or appeal, and Salida District Ranger decisions: The Gunnison National Forests establish the date that the Forest Service Mountain Mail will use to determine if comments or Forest Supervisor decisions: Grand South Park District Ranger decisions: appeals/objections were timely. Junction Daily Sentinel Fairplay Flume DATES: Publication of legal notices in Grand Valley District Ranger decisions: Pikes Peak District Ranger decisions: the listed newspapers will begin on the Grand Junction Daily Sentinel The Gazette

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Rio Grande National Forest notice of Forest Service proposals and Flaming Gorge District Ranger for Forest Supervisor and District Ranger decisions, provide information on the decisions affecting Wyoming: Rocket decisions: Valley Courier procedures to comment, object or Miner appeal, and establish the date that the Flaming Gorge and Vernal District San Juan National Forest Forest Service will use to determine if Ranger for decisions affecting Utah: Forest Supervisor decisions: Durango comments or appeals/objection were Vernal Express timely. Herald Boise National Forest Columbine District Ranger decisions: DATES: Publication of legal notices in Boise Forest Supervisor decisions: Durango Herald the listed newspapers will begin on or Idaho Statesman Pagosa District Ranger decisions: Pagosa after October 2020. The list of Sun Cascade District Ranger decisions: The newspapers will remain in effect until Star-News Dolores District Ranger decisions: September 2021 when another notice Cortez Journal Emmett District Ranger decisions: will be published in the Federal Messenger-Index Shoshone National Forest Register. District Ranger decisions for Idaho City Forest Supervisor decisions: Cody ADDRESSES: Pete Gomben, Regional and Mountain Home: Idaho Enterprise Administrative Review and Litigation Statesman Clarks Fork District Ranger decisions: Coordinator, Intermountain Region, 324 Lowman District Ranger decisions: Powell Tribune 25th Street, Ogden, UT 84401. Idaho World Wapiti and Greybull Districts Ranger FOR FURTHER INFORMATION CONTACT: Pete Bridger-Teton National Forest decisions: Cody Enterprise Gomben, Regional Administrative Wind River District Ranger decisions: Review and Litigation Coordinator, by Bridger-Teton Forest Supervisor and The Dubois Frontier telephone at (801) 625–5069 or by email District Ranger decisions: Casper Star- Washakie District Ranger decisions: at [email protected]. Tribune Lander Journal SUPPLEMENTARY INFORMATION: The Caribou-Targhee National Forest White River National Forest administrative procedures at 36 CFR Caribou-Targhee Forest Supervisor 214, 219, and 218 require the Forest Forest Supervisor decisions: The decisions for the Caribou portion: Service to publish notices in a Glenwood Springs Post Independent Idaho State Journal newspaper of general circulation. The Aspen-Sopris District Ranger decisions: Caribou-Targhee Forest Supervisor content of the notices is specified in 36 Aspen Times decisions for the Targhee portion: Blanco District Ranger decisions: Rio CFR 214, 219 and 218. Post Register Blanco Herald Times In general, the notices will identify: District Ranger decisions for Ashton, Dillon District Ranger decisions: The decision or project, by title or Dubois, Island Park, Palisades and Summit Daily subject matter; the name and title of the Teton Basin: Post Register Eagle-Holy Cross District Ranger official making the decision; how to District Ranger decisions for Montpelier, decisions: Vail Daily obtain additional information; and Soda Springs and Westside: Idaho Rifle District Ranger decisions: Citizen where and how to file comments or State Journal Telegram appeals/objection. The date the notice is published will be used to establish the Dixie National Forest Dated: April 29, 2021. official date for the beginning of the Dixie Forest Supervisor decisions: The Tina J. Terrell, comment or appeal/objection period. Spectrum Acting Deputy Chief, National Forest System. The newspapers to be used are as District Ranger decisions for Cedar City [FR Doc. 2021–09453 Filed 5–4–21; 8:45 am] follows: and Pine Valley: The Spectrum BILLING CODE 3411–15–P Regional Forester, Intermountain District Ranger decisions for Escalante Region and Powell: The Insider Fremont (formerly Teasdale) District DEPARTMENT OF AGRICULTURE Regional Forester decisions affecting Ranger decisions: The Richfield National Forests in Idaho: Idaho Reaper Forest Service Statesman Regional Forester decisions affecting Fishlake National Forest Newspapers Used for Publication of National Forests in Nevada: Reno Legal Notices by the Intermountain Fishlake Forest Supervisor and District Gazette-Journal Region: Utah, Idaho, Nevada, and Ranger decisions: The Richfield Regional Forester decisions affecting Wyoming Reaper National Forests in Wyoming: Casper Humboldt-Toiyabe National Forest AGENCY: Forest Service, USDA. Star-Tribune ACTION: Notice. Regional Forester decisions affecting Humboldt-Toiyabe Forest Supervisor National Forests in Utah: Salt Lake decisions that encompass all or SUMMARY: This notice lists the Tribune portions of both the Humboldt and newspapers that will be used by the Regional Forester decisions that affect Toiyabe National Forests: Reno ranger districts, forests and regional all National Forests in the Gazette-Journal office of the Intermountain Region to Intermountain Region: Salt Lake Humboldt-Toiyabe Forest Supervisor publish legal notices. The intended Tribune decisions for the Humboldt portion: effect of this action is to inform Elko Daily Free Press interested members of the public which Ashley National Forest Humboldt-Toiyabe Forest Supervisor newspapers the Forest Service will use Ashley Forest Supervisor decisions: decisions for the Toiyabe portion: to publish notices of proposed actions Vernal Express Reno Gazette-Journal and notices of decision. This will District Ranger decisions for Duchesne, Austin-Tonopah District Ranger provide the public with constructive Roosevelt: Uintah Basin Standard decisions: Reno Gazette-Journal

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Bridgeport District Ranger decisions: Forest Supervisor decisions for the according to their wireless plan. The Reno Gazette-Journal entire Uinta-Wasatch-Cache: Salt Lake Commission will not refund any Carson District Ranger decisions: Reno Tribune incurred charges. Callers will incur no Gazette-Journal District Ranger decisions for the Heber- charge for calls they initiate over land- Ely District Ranger decisions: The Ely Kamas, Pleasant Grove and Spanish line connections to the toll-free Times Fork Ranger Districts: Provo Daily telephone number. Persons with hearing Mountain City, Ruby Mountains and Herald impairments may also follow the Jarbidge District Ranger decisions: District Ranger decisions for Evanston proceedings by first calling the Federal Elko Daily Free Press and Mountain View: Uinta County Relay Service at 1–800–877–8339 and Santa Rosa District Ranger decisions: Herald providing the Service with the Humboldt Sun District Ranger decisions for Salt Lake: conference call number and conference Spring Mountains National Recreation Salt Lake Tribune ID number. Area District Ranger decisions: Las District Ranger decisions for Logan: Members of the public are also Vegas Review Journal Logan Herald Journal entitled to submit written comments; Manti-La Sal National Forest District Ranger decisions for Ogden: the comments must be received in the Manti-La Sal Forest Supervisor Standard Examiner Regional Programs Unit within 30 days decisions: ETV News Sun Advocate Dated: April 29, 2021. following the meeting. Written comments may be emailed to Brooke (Emery Telcom) Tina J. Terrell, Ferron District Ranger decisions: ETV Peery at [email protected]. Persons who Acting Deputy Chief, National Forest System. desire additional information may News Progress (Emery Telcom) [FR Doc. 2021–09454 Filed 5–4–21; 8:45 am] Moab District Ranger decisions: The contact the Regional Programs Unit Times-Independent BILLING CODE 3411–15–P Office/Advisory Committee Monticello District Ranger decisions: Management Unit at (202) 701–1376. San Juan Record Records generated from this meeting Price District Ranger decisions: ETV COMMISSION ON CIVIL RIGHTS may be inspected and reproduced at the News Sun Advocate (Emery Telcom) Regional Programs Unit Office, as they Sanpete District Ranger decisions: Notice of Public Meeting of the become available, both before and after Sanpete Messenger California Advisory Committee the meeting. Records of the meeting will be available at: https:// Payette National Forest AGENCY: U.S. Commission on Civil Rights. www.facadatabase.gov/FACA/ Payette Forest Supervisor decisions: FACAPublicViewCommittee Idaho Statesman ACTION: Announcement of meeting. Details?id=a10t0000001gzkUAAQ. Council District Ranger decisions: Please click on the ‘‘Meeting Details’’ Adams County Record SUMMARY: Notice is hereby given, pursuant to the provisions of the rules and ‘‘Documents’’ links. Persons District Ranger decisions for Krassel, interested in the work of this Committee McCall and New Meadows: Star News and regulations of the U.S. Commission on Civil Rights (Commission) and the are also directed to the Commission’s Weiser District Ranger decisions: Signal website, http://www.usccr.gov, or may American Federal Advisory Committee Act that the California Advisory Committee contact the Regional Programs Unit Salmon-Challis National Forest (Committee) will hold a meeting via office at the above email address. Salmon-Challis Forest Supervisor web teleconference on Friday, May 21, Agenda decisions for the Salmon portion: The 2021, from 1:00 p.m.–2:30 p.m. Pacific I. Welcome & Roll Call Recorder-Herald Time for the purpose of discussing II. Overview of Project Process Salmon-Challis Forest Supervisor potential civil rights focus to study. III. Committee Discussion decisions for the Challis portion: The DATES: The meeting will be held on: IV. Public Comment Challis Messenger • V. Adjournment District Ranger decisions for Lost River, Friday, May 21, 2021, from 1:00 p.m.– Middle Fork and Challis-Yankee Fork: 2:30 p.m. Pacific Time Dated: April 29, 2021. The Challis Messenger Public WebEx Registration Link: https:// David Mussatt, District Ranger decisions for Leadore, tinyurl.com/b8f84yjt Supervisory Chief, Regional Programs Unit. North Fork and Salmon-Cobalt: The FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–09392 Filed 5–4–21; 8:45 am] Recorder-Herald Brooke Peery, Designated Federal BILLING CODE P Sawtooth National Forest Officer (DFO), at [email protected] or by phone at (202) 701–1376. Sawtooth Forest Supervisor decisions: SUPPLEMENTARY INFORMATION: Members DEPARTMENT OF COMMERCE The Times News of the public may listen to the District Ranger decisions for Fairfield Bureau of Industry and Security and Minidoka: The Times News discussion. This meeting is available to Ketchum District Ranger decisions: the public through the public WebEx In the Matter of: Abel Hernandez, Jr., Idaho Mountain Express registration link listed above. An open 120 Saint John Drive, Pharr, Texas Sawtooth National Recreation Area: The comment period will be provided to 78577; Order Denying Export Challis Messenger allow members of the public to make a Privileges statement as time allows. The Uinta-Wasatch-Cache National Forest conference call operator will ask callers On August 29, 2019, in the U.S. Forest Supervisor decisions for the to identify themselves, the organization District Court for the Southern District Uinta portion, including the Vernon they are affiliated with (if any), and an of Texas, Abel Hernandez, Jr. Unit: Provo Daily Herald email address prior to placing callers (‘‘Hernandez’’) was convicted of Forest Supervisor decisions for the into the conference room. Callers can violating 18 U.S.C. 554(a). Specifically, Wasatch-Cache portion: Salt Lake expect to incur regular charges for calls Hernandez was convicted of Tribune they initiate over wireless lines, fraudulently and knowingly exporting

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and sending or attempting to export and Regulations, including, but not limited person, firm, corporation, or business send from the United States to Mexico, to: organization related to Hernandez by 2,080 rounds of 7.62X39mm caliber A. Applying for, obtaining, or using ownership, control, position of ammunition, in violation of 18 U.S.C. any license, license exception, or export responsibility, affiliation, or other 554. Hernandez was sentenced to 27 control document; connection in the conduct of trade or months in prison, supervised release for B. Carrying on negotiations business may also be made subject to three years, and a $100 assessment. concerning, or ordering, buying, the provisions of this Order in order to Pursuant to Section 1760(e) of the receiving, using, selling, delivering, prevent evasion of this Order. Export Control Reform Act (‘‘ECRA’’),1 storing, disposing of, forwarding, Fourth, in accordance with Part 756 of the export privileges of any person who transporting, financing, or otherwise the Regulations, Hernandez may file an has been convicted of certain offenses, servicing in any way, any transaction appeal of this Order with the Under including, but not limited to, 18 U.S.C. involving any item exported or to be Secretary of Commerce for Industry and 554(a), may be denied for a period of up exported from the United States that is Security. The appeal must be filed to ten (10) years from the date of his/her subject to the Regulations, or engaging within 45 days from the date of this conviction. 50 U.S.C. 4819(e) (Prior in any other activity subject to the Order and must comply with the Convictions). In addition, any Bureau of Regulations; or provisions of Part 756 of the Industry and Security (BIS) licenses or C. Benefitting in any way from any Regulations. other authorizations issued under transaction involving any item exported Fifth, a copy of this Order shall be ECRA, in which the person had an or to be exported from the United States delivered to Hernandez and shall be interest at the time of the conviction, that is subject to the Regulations, or published in the Federal Register. may be revoked. Id. from any other activity subject to the Sixth, this Order is effective BIS received notice of Hernandez’s Regulations. immediately and shall remain in effect conviction for violating 18 U.S.C. Second, no person may, directly or until August 29, 2029. 554(a), and has provided notice and indirectly, do any of the following: opportunity for Hernandez to make a A. Export or reexport to or on behalf John Sonderman, written submission to BIS, as provided of the Denied Person any item subject to Director, Office of Export Enforcement. in Section 766.25 of the Export the Regulations; [FR Doc. 2021–09494 Filed 5–4–21; 8:45 am] Administration Regulations (‘‘EAR’’ or B. Take any action that facilitates the BILLING CODE 3510–DT–P the ‘‘Regulations’’). 15 CFR 766.25.2 BIS acquisition or attempted acquisition by has not received a written submission the Denied Person of the ownership, from Hernandez. possession, or control of any item DEPARTMENT OF COMMERCE Based upon my review of the record subject to the Regulations that has been and consultations with BIS’s Office of or will be exported from the United Bureau of Industry and Security Exporter Services, including its States, including financing or other Director, and the facts available to BIS, support activities related to a In the Matter of: Sergio Daniel Serrano- I have decided to deny Hernandez’s transaction whereby the Denied Person Lopez; Inmate Number: 51056–479; Big export privileges under the Regulations acquires or attempts to acquire such Spring (Flightline), Correctional for a period of 10 years from the date of ownership, possession or control; Institution, 2001 Rickabaugh Drive, Big Hernandez’s conviction. The Office of C. Take any action to acquire from or Spring, TX 79720; Order Denying Exporter Services has also decided to to facilitate the acquisition or attempted Export Privileges revoke any BIS-issued licenses in which acquisition from the Denied Person of On August 30, 2019, in the U.S. Hernandez had an interest at the time of any item subject to the Regulations that District Court for the Southern District his conviction.3 has been exported from the United of Texas, Sergio Daniel Serrano-Lopez Accordingly, it is hereby ordered: States; (‘‘Serrano-Lopez’’), was convicted of First, from the date of this Order until D. Obtain from the Denied Person in violating 18 U.S.C. 554(a). Specifically, August 29, 2029, Abel Hernandez, Jr., the United States any item subject to the Serrano-Lopez was convicted of with a last known address of 120 Saint Regulations with knowledge or reason fraudulently and knowingly exporting John Drive, Pharr, Texas 78577, and to know that the item will be, or is and sending, or attempting to export when acting for or on his behalf, his intended to be, exported from the and send from the United States to successors, assigns, employees, agents United States; or or representatives (‘‘the Denied E. Engage in any transaction to service Mexico, 4,500 rounds of 7.62x39mm Person’’), may not directly or indirectly any item subject to the Regulations that caliber ammunition; 500 rounds of .38 participate in any way in any has been or will be exported from the Super caliber ammunition; one Glock transaction involving any commodity, United States and which is owned, .40 caliber magazine; three .38 Super software or technology (hereinafter possessed or controlled by the Denied caliber magazines; three MGB .380 collectively referred to as ‘‘item’’) Person, or service any item, of whatever caliber magazines; three 9mm Luger exported or to be exported from the origin, that is owned, possessed or caliber magazines; one Ruger .223 United States that is subject to the controlled by the Denied Person if such caliber magazine; and three Ruger service involves the use of any item 7.62x39mm caliber magazines, in 1 ECRA was enacted as part of the John S. McCain subject to the Regulations that has been violation of 18 U.S.C. 554. Serrano- National Defense Authorization Act for Fiscal Year or will be exported from the United Lopez was sentenced to 40 months in 2019, and as amended is codified at 50 U.S.C. States. For purposes of this paragraph, prison and a $100 assessment. 4801–4852. Hernandez’s conviction post-dates Pursuant to Section 1760(e) of the ECRA’s enactment on August 13, 2018. servicing means installation, Export Control Reform Act (‘‘ECRA’’),1 2 The Regulations are currently codified in the maintenance, repair, modification or Code of Federal Regulations at 15 CFR Parts 730– testing. 774 (2020). Third, pursuant to Section 1760(e) of 1 ECRA was enacted as part of the John S. McCain 3 The Director, Office of Export Enforcement, is National Defense Authorization Act for Fiscal Year now the authorizing official for issuance of denial the Export Control Reform Act (50 2019, and as amended is codified at 50 U.S.C. orders, pursuant to recent amendments to the U.S.C. 4819(e)) and Sections 766.23 and 4801–4852. Serrano-Lopez’s conviction post-dates Regulations (85 FR 73411, November 18, 2020). 766.25 of the Regulations, any other ECRA’s enactment on August 13, 2018.

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the export privileges of any person who involving any item exported or to be Secretary of Commerce for Industry and has been convicted of certain offenses, exported from the United States that is Security. The appeal must be filed including, but not limited to, 18 U.S.C. subject to the Regulations, or engaging within 45 days from the date of this 554(a), may be denied for a period of up in any other activity subject to the Order and must comply with the to ten (10) years from the date of his/her Regulations; or provisions of Part 756 of the conviction. 50 U.S.C. 4819(e) (Prior C. Benefitting in any way from any Regulations. Convictions). In addition, any Bureau of transaction involving any item exported Fifth, a copy of this Order shall be Industry and Security (BIS) licenses or or to be exported from the United States delivered to Serrano-Lopez and shall be other authorizations issued under that is subject to the Regulations, or published in the Federal Register. ECRA, in which the person had an from any other activity subject to the Sixth, this Order is effective interest at the time of the conviction, Regulations. immediately and shall remain in effect may be revoked. Id. Second, no person may, directly or until August 30, 2029. BIS received notice of Serrano- indirectly, do any of the following: Lopez’s conviction for violating 18 A. Export or reexport to or on behalf John Sonderman, U.S.C. 554(a), and has provided notice of the Denied Person any item subject to Director, Office of Export Enforcement. and opportunity for Serrano-Lopez to the Regulations; [FR Doc. 2021–09497 Filed 5–4–21; 8:45 am] make a written submission to BIS, as B. Take any action that facilitates the BILLING CODE 3510–DT–P provided in Section 766.25 of the Export acquisition or attempted acquisition by Administration Regulations (‘‘EAR’’ or the Denied Person of the ownership, the ‘‘Regulations’’). 15 CFR 766.25.2 BIS possession, or control of any item DEPARTMENT OF COMMERCE has not received a written submission subject to the Regulations that has been Bureau of Industry and Security from Serrano-Lopez. or will be exported from the United Based upon my review of the record States, including financing or other In the Matter of: Mehmet Hakan Atilla, and consultations with BIS’s Office of support activities related to a Millet Cad. No: 26 D:15, Fatih Istanbul, Exporter Services, including its transaction whereby the Denied Person Turkey and Molla Seref Mah Hikayeci Director, and the facts available to BIS, acquires or attempts to acquire such Sok AZ, Fatih Istanbul, Turkey I have decided to deny Serrano-Lopez’s ownership, possession or control; export privileges under the Regulations C. Take any action to acquire from or Order Denying Export Privileges to facilitate the acquisition or attempted for a period of 10 years from the date of On May 16, 2018, in the U.S. District acquisition from the Denied Person of Serrano-Lopez’s conviction. The Office Court for the Southern District of New any item subject to the Regulations that of Exporter Services has also decided to York, Mehmet Hakan Atilla (‘‘Atilla’’) has been exported from the United revoke any BIS-issued licenses in which was convicted of violating the States; Serrano-Lopez had an interest at the International Emergency Economic 3 D. Obtain from the Denied Person in time of his conviction. Powers Act (‘‘IEEPA’’), 50 U.S.C § 1701, the United States any item subject to the Accordingly, it is hereby ordered: et seq.,by knowingly and willfully First, from the date of this Order until Regulations with knowledge or reason conspiring with others known and August 30, 2029, Sergio Daniel Serrano- to know that the item will be, or is unknown to provide financial services Lopez, with a last known address of intended to be, exported from the to Iran and to the Governement of Iran, Inmate Number: 51056–479, Big Spring United States; or without obtaining the required approval (Flightline), Correctional Institution, E. Engage in any transaction to service from the Office of Foreign Assets 2001 Rickabaugh Drive, Big Spring, TX any item subject to the Regulations that Control. Atilla was sentenced to 32 79720, and when acting for or on his has been or will be exported from the months in prison and a special behalf, his successors, assigns, United States and which is owned, possessed or controlled by the Denied assessment of $500. employees, agents or representatives The Export Administration Person, or service any item, of whatever (‘‘the Denied Person’’), may not directly Regulations (‘‘EAR’’ or ‘‘Regulations’’) origin, that is owned, possessed or or indirectly participate in any way in are administered and enforced by the controlled by the Denied Person if such any transaction involving any U.S. Department of Commerce’s Bureau service involves the use of any item commodity, software or technology of Industry and Security (‘‘BIS’’).1 (hereinafter collectively referred to as subject to the Regulations that has been or will be exported from the United ‘‘item’’) exported or to be exported from 1 The Regulations are currently codified in the the United States that is subject to the States. For purposes of this paragraph, Code of Federal Regulations at 15 CFR parts 730– Regulations, including, but not limited servicing means installation, 774 (2020). The Regulations originally issued under to: maintenance, repair, modification or the Export Administration Act of 1979, as amended, testing. 50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’), A. Applying for, obtaining, or using which lapsed on August 21, 2001. The President, any license, license exception, or export Third, pursuant to Section 1760(e) of through Executive Order 13,222 of August 17, 2001 control document; the Export Control Reform Act (50 (3 CFR, 2001 Comp. 783 (2002)), which was B. Carrying on negotiations U.S.C. 4819(e)) and Sections 766.23 and extended by successive Presidential Notices, concerning, or ordering, buying, 766.25 of the Regulations, any other continued the Regulations in full force and effect under IEEPA. On August 13, 2018, the President receiving, using, selling, delivering, person, firm, corporation, or business signed into law the John S. McCain National storing, disposing of, forwarding, organization related to Serrano-Lopez by Defense Authorization Act for Fiscal Year 2019, transporting, financing, or otherwise ownership, control, position of which includes the Export Control Reform Act of servicing in any way, any transaction responsibility, affiliation, or other 2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While Section 1766 of ECRA repeals the provisions of the connection in the conduct of trade or EAA (except for three sections which are 2 The Regulations are currently codified in the business may also be made subject to inapplicable here), Section 1768 of ECRA provides, Code of Federal Regulations at 15 CFR Parts 730– the provisions of this Order in order to in pertinent part, that all rules and regulations that 774 (2020). were made or issued under the EAA, including as 3 prevent evasion of this Order. The Director, Office of Export Enforcement, is Fourth, in accordance with Part 756 of continued in effect pursuant to IEEPA, and were in now the authorizing official for issuance of denial effect as of ECRA’s date of enactment (August 13, orders, pursuant to recent amendments to the the Regulations, Serrano-Lopez may file 2018), shall continue in effect according to their Regulations (85 FR 73411, November 18, 2020). an appeal of this Order with the Under terms until modified, superseded, set aside, or

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Section 766.25 of the Regulations assigns, employees, agents or or will be exported from the United provides, in pertinent part, that the representatives (‘‘the Denied Person’’), States. For purposes of this paragraph, ‘‘Director of [BIS’s] Office of Export may not, directly or indirectly, servicing means installation, Enforcement, in consultation with the participate in any way in any maintenance, repair, modification or Director of [BIS’s] Office of Exporter transaction involving any commodity, testing. Services, may deny the export privileges software or technology (hereinafter Third, after notice and opportunity for of any person who has been convicted collectively referred to as ‘‘item’’) comment as provided in Section 766.23 of a violation of any of the statues set exported or to be exported from the of the Regulations, any other person, forth at 50 U.S.C. 4819 (e)(1)(B),’’ 2 United States that is subject to the firm, corporation, or business including IEEPA. 15 CFR 766.25(a).3 Regulations, including, but not limited organization related to Atilla by The denial of export privileges under to: ownership, control, position of this provision may be for a period of up A. Applying for, obtaining, or using responsibility, affiliation, or other to 10 years from the date of the any license, license exception, or export connection in the conduct of trade or conviction. 15 CFR 766.25(d). In control document; business may also be made subject to addition, pursuant to Section 750.8 of B. Carrying on negotiations the provisions of this Order in order to the Regulations, BIS’s Office of Exporter concerning, or ordering, buying, prevent evasion of this Order. Services may revoke any BIS-issued receiving, using, selling, delivering, Fourth, in accordance with Part 756 of licenses in which the person has an storing, disposing of, forwarding, the Regulations, Atilla may file an interest at the time of his/her transporting, financing, or otherwise appeal of this Order with the Under 4 conviction. servicing in any way, any transaction Secretary of Commerce for Industry and BIS received notice of Atilla’s involving any item exported or to be Security. The appeal must be filed conviction for violating IEEPA, and exported from the United States that is within 45 days from the date of this pursuant to Section 766.25 of the subject to the Regulations, or engaging Order and must comply with the Regulations, has provided notice and an in any other activity subject to the provisions of Part 756 of the opportunity for Atilla to make a written Regulations; or Regulations. submission to BIS. BIS has received and C. Benefitting in any way from any Fifth, a copy of this Order shall be considered a written submission from transaction involving any item exported delivered to Atilla and shall be Atilla. or to be exported from the United States published in the Federal Register. Based upon my review of the record, that is subject to the Regulations, or including Atilla’s written response, and from any other activity subject to the Sixth, this Order is effective consultations with BIS’s Office of Regulations. immediately and shall remain in effect Exporter Services, including its Second, no person may, directly or until May 16, 2028. Director, and the facts available to BIS, indirectly, do any of the following: John Sonderman, I have decided to deny Atilla’s export A. Export or reexport to or on behalf Director, Office of Export Enforement. privileges under the Regulations for a of the Denied Person any item subject to [FR Doc. 2021–09500 Filed 5–4–21; 8:45 am] period of 10 years from the date of the Regulations; Atilla’s conviction. The Office of B. Take any action that facilitates the BILLING CODE 3510–DT–P Exporter Services has also decided to acquisition or attempted acquisition by revoke any BIS-issued license in which the Denied Person of the ownership, DEPARTMENT OF COMMERCE Atilla had an interest at the time of his possession, or control of any item conviction. subject to the Regulations that has been Bureau of Economic Analysis Accordingly, it is hereby ordered: or will be exported from the United First, from the date of this Order until States, including financing or other Agency Information Collection May 16, 2028, Mehmet Hakan Atilla, support activities related to a Activities; Submission to the Office of with last known addresses of Millet transaction whereby the Denied Person Management and Budget (OMB) for Cad. No: 26 D:15, Fatih Istanbul, Turkey acquires or attempts to acquire such Review and Approval; Comment and Molla Seref Mah Hikayeci Sok AZ, ownership, possession or control; Request; Services Surveys: BE–125, Fatih Istanbul, Turkey, and when acting C. Take any action to acquire from or Quarterly Survey of Transactions in for or on his behalf, his successors, to facilitate the acquisition or attempted Selected Services and Intellectual acquisition from the Denied Person of Property With Foreign Persons revoked through action undertaken pursuant to the any item subject to the Regulations that authority provided under ECRA. has been exported from the United AGENCY: Bureau of Economic Analysis, 2 The Director, Office of Export Enforcement, is States; Commerce. now authorizing official for issuance denial orders, pursuant to recent amendments to the Regulations D. Obtain from the Denied Person in ACTION: Notice of information collection, (85 FR 73411, November 18, 2020). the United States any item subject to the request for comment. 3 As codified at the time of the underlying Regulations with knowledge or reason conviction at issue, Section 11(h)(1) of the EAA, as to know that the item will be, or is SUMMARY: The Department of amended, provided that: ’’ No person convicted of intended to be, exported from the Commerce, in accordance with the a violation of this chapter (or any regulation, license, or older issued under this chapter), any United States; or Paperwork Reduction Act of 1995 regulation, license, or order issed under the E. Engage in any transaction to service (PRA), invites the general public and International Emergnecy Economic Powers Act [50 any item subject to the Regulations that other Federal agencies to comment on U.S.C. 1701, et seq.], section 793, 794 or 798 of title has been or will be exported from the proposed and continuing information 18, section 783(b) of this title, or section 2778 of title 22 shall be eligible, at the discretion of the United States and which is owned, collections, which helps us assess the Secretary, to apply for or use any export license possessed or controlled by the Denied impact of our information collection under this chapter for a period of up to 10 years Person, or service any item, of whatever requirements and minimize the public’s from the date of conviction. The Secretary may origin, that is owned, possessed or reporting burden. The purpose of this revoke any export license under this chapter in which such person has an interest at the time of controlled by the Denied Person if such notice is to allow for 60 days of public conviction.’’ 50 U.S.C. 4610(h)(1). service involves the use of any item comment preceding submission of the 4 See notes 1 and 3, supra. subject to the Regulations that has been collection to OMB.

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DATES: To ensure consideration, (ITAs) and national income and product because the same information will be comments regarding this proposed accounts (NIPAs). required on the survey as in the past. information collection must be received The Bureau of Economic Analysis The language in the instructions and on or before July 6, 2021. (BEA) is proposing minor modifications definitions will be reviewed and to the existing transaction categories ADDRESSES: Interested persons are adjusted as necessary to clarify survey covered by the BE–125 survey and a invited to submit written comments to requirements. change to the survey due date, Christopher Stein, Chief, Services beginning with reporting for first quarter II. Method of Collection Surveys Branch, Bureau of Economic 2022. The proposed modifications to the Analysis, at [email protected] BEA contacts potential respondents BE–125 survey would allow BEA to or [email protected]. Please by mail at the end of each quarter. align its statistics more closely with reference OMB Control Number 0608– Respondents would be required to file international economic accounting 0067 in the subject line of your the completed BE–125 forms within 30 guidelines and to increase the quality comments. Do not submit Confidential days after the end of each fiscal quarter and usefulness of BEA’s statistics on that is not the final fiscal quarter of the Business Information or otherwise trade in services. sensitive or protected information. year and within 45 days after the close BEA proposes to eliminate the three of the final fiscal quarter of the year. FOR FURTHER INFORMATION CONTACT: transaction categories of other Reports would be required from each Requests for additional information or intellectual property. Rights to use other U.S. person that had combined sales of specific questions related to collection intellectual property (code 8.1), rights to covered services or intellectual property activities should be directed to reproduce and/or distribute other to foreign persons that exceeded $6 Christopher Stein, Chief, Services intellectual property (code 8.2), and million for the previous fiscal year, or Surveys Branch, Bureau of Economic outright sales or purchases of are expected to exceed that amount Analysis, (301) 278–9189, and proprietary rights related to other during the current fiscal year, or that [email protected]. intellectual property (code 8.3) would had combined purchases of covered SUPPLEMENTARY INFORMATION: no longer be collected. BEA typically services or intellectual property from reclassifies transactions reported to BEA foreign persons that exceeded $4 I. Abstract in these categories to research and million for the previous fiscal year, or development (R&D) services (transaction The Quarterly Survey of Transactions that are expected to exceed that amount code 29.1, the provision of customized in Selected Services and Intellectual during the current fiscal year. Entities and non-customized R&D services; and, Property with Foreign Persons (Form required to report will be contacted transaction code 29.2, other R&D BE–125) is a survey that collects data individually by BEA. Entities not services, including testing) and to other from U.S. persons who engage in contacted by BEA have no reporting selected services (transaction code 42). covered transactions in selected services responsibilities. With the elimination of the other or intellectual property with foreign BEA offers its electronic filing option, intellectual property categories, the eFile system, for use in reporting on persons. A U.S. person means any respondents will be instructed to report Form BE–125. For more information individual, branch, partnership, transactions in these alternate about eFile, go to www.bea.gov/efile. In associated group, association, estate, categories. trust, corporation, or other organization BEA also proposes to change the due addition, BEA posts all its survey forms (whether or not organized under the date of the survey to 30 days after the and reporting instructions on its laws of any State), resident in the close of each quarter from 45 days for website, www.bea.gov/ssb. These may United States or subject to the the three quarters that are not the final be downloaded, completed, printed, and jurisdiction of the United States. A U.S. fiscal quarter of the year. For the final submitted via fax or mail. person must report if they had fiscal quarter of the year, reports would III. Data combined sales of covered services or be due 45 days after the close of the intellectual property to foreign persons quarter instead of 90 days. Shortening OMB Control Number: 0608–0067. that exceeded $6 million for the the reporting timeline will allow BEA to Form Number(s): BE–125. previous fiscal year, or are expected to produce more accurate and complete Type of Review: Regular submission. exceed that amount during the current trade in services statistics in Affected Public: Business or other for- fiscal year, or if they had combined preliminary estimates of the ITAs, profit organizations. purchases of covered services or which is critical information for Estimated Number of Respondents: intellectual property from foreign policymakers’ timely decisions on 8,800 annually (2,200 filed each quarter; persons that exceeded $4 million for the international trade policy. The earlier 1,700 reporting mandatory data, and 500 previous fiscal year, or are expected to due date will allow BEA to use more that would file exemption claims or exceed that amount during the current reported data for preliminary statistics, voluntary responses). fiscal year. improving the accuracy of both the Estimated Time per Response: 21 The data are needed to monitor U.S. aggregates and the country and service- hours is the average for those reporting trade in services, to analyze the impact type details, and reducing revisions in data and one hour is the average for of these cross-border services on the subsequent statistical releases. In those filing an exemption claim. Hours U.S. and foreign economies, to compile addition, the proposed reporting may vary considerably among and improve the U.S. economic deadlines are also consistent with the respondents because of differences in accounts, to support U.S. commercial reporting deadlines of BEA’s quarterly company size and complexity. policy on trade in services, to conduct direct investment surveys. Estimated Total Annual Burden trade promotion, and to improve the BEA estimates there will be no change Hours: 144,800. ability of U.S. businesses to identify and in the average number of burden hours Estimated Total Annual Cost to evaluate market opportunities. The data per response, which is currently Public: $0. are used in estimating the trade in estimated to be 21 hours. While survey Respondent’s Obligation: Mandatory. services component of the U.S. respondents will have to file earlier, the Legal Authority: International international transactions accounts burden for the survey is unchanged Investment and Trade in Services

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Survey Act (Pub. L. 94–472, 22 U.S.C. Customs Liaison Unit, Enforcement and examination of respondents and 3101–3108, as amended). Compliance, International Trade conduct respondent selection under Administration, U.S. Department of section 777A(c)(2) of the Act, the IV. Request for Comments Commerce, 1401 Constitution Avenue following guidelines regarding Comments are invited on: (a) Whether NW, Washington, DC 20230, telephone: collapsing of companies for purposes of the proposed collection of information (202) 482–4735. respondent selection will apply. In is necessary for the proper performance SUPPLEMENTARY INFORMATION: general, Commerce has found that of the functions of the Agency, determinations concerning whether including whether the information will Background particular companies should be have practical utility; (b) the accuracy of Commerce has received timely ‘‘collapsed’’ (e.g., treated as a single the Agency’s estimate of the burden requests, in accordance with 19 CFR entity for purposes of calculating (including hours and cost) of the 351.213(b), for administrative reviews of antidumping duty rates) require a proposed collection of information; (c) various AD and CVD orders and substantial amount of detailed ways to enhance the quality, utility, and findings with March anniversary dates. information and analysis, which often clarity of the information to be All deadlines for the submission of require follow-up questions and collected; and (d) ways to minimize the various types of information, analysis. Accordingly, Commerce will burden of the collection of information certifications, or comments or actions by not conduct collapsing analyses at the on respondents, including through the Commerce discussed below refer to the respondent selection phase of this use of automated collection techniques number of calendar days from the review and will not collapse companies or other forms of information applicable starting time. at the respondent selection phase unless technology. Notice of No Sales there has been a determination to Comments that you submit in collapse certain companies in a response to this notice are a matter of If a producer or exporter named in previous segment of this AD proceeding public record. We will include or this notice of initiation had no exports, (e.g., investigation, administrative summarize each comment in our request sales, or entries during the period of review, new shipper review, or changed to OMB to approve this ICR. Before review (POR), it must notify Commerce circumstances review). For any including your address, phone number, within 30 days of publication of this company subject to this review, if email address, or other personal notice in the Federal Register. All Commerce determined, or continued to identifying information in your submissions must be filed electronically treat, that company as collapsed with comment, you should be aware that at https://access.trade.gov, in others, Commerce will assume that such your entire comment—including your accordance with 19 CFR 351.303.1 Such companies continue to operate in the personal identifying information—may submissions are subject to verification, same manner and will collapse them for be made publicly available at any time. in accordance with section 782(i) of the respondent selection purposes. While you may ask us in your comment Tariff Act of 1930, as amended (the Act). Otherwise, Commerce will not collapse to withhold your personal identifying Further, in accordance with 19 CFR companies for purposes of respondent information from public review, we 351.303(f)(1)(i), a copy must be served selection. Parties are requested to (a) cannot guarantee that we will be able to on every party on Commerce’s service identify which companies subject to do so. list. review previously were collapsed, and Sheleen Dumas, Respondent Selection (b) provide a citation to the proceeding in which they were collapsed. Further, Department PRA Clearance Officer, Office of In the event Commerce limits the if companies are requested to complete the Chief Information Officer, Commerce number of respondents for individual the Quantity and Value (Q&V) Department. examination for administrative reviews Questionnaire for purposes of [FR Doc. 2021–09423 Filed 5–4–21; 8:45 am] initiated pursuant to requests made for respondent selection, in general, each BILLING CODE 3510–06–P the orders identified below, Commerce company must report volume and value intends to select respondents based on data separately for itself. Parties should U.S. Customs and Border Protection not include data for any other party, DEPARTMENT OF COMMERCE (CBP) data for U.S. imports during the even if they believe they should be POR. We intend to place the CBP data International Trade Administration treated as a single entity with that other on the record within five days of party. If a company was collapsed with publication of the initiation notice and Initiation of Antidumping and another company or companies in the to make our decision regarding Countervailing Duty Administrative most recently completed segment of this respondent selection within 35 days of Reviews proceeding where Commerce publication of the initiation Federal considered collapsing that entity, AGENCY: Enforcement and Compliance, Register notice. Comments regarding the complete Q&V data for that collapsed International Trade Administration, CBP data and respondent selection entity must be submitted. Department of Commerce. should be submitted within seven days SUMMARY: The Department of Commerce after the placement of the CBP data on Deadline for Withdrawal of Request for (Commerce) has received requests to the record of this review. Parties Administrative Review conduct administrative reviews of wishing to submit rebuttal comments Pursuant to 19 CFR 351.213(d)(1), a various antidumping duty (AD) and should submit those comments within party that has requested a review may countervailing duty (CVD) orders and five days after the deadline for the withdraw that request within 90 days of findings with March anniversary dates. initial comments. the date of publication of the notice of In accordance with Commerce’s In the event Commerce decides it is initiation of the requested review. The regulations, we are initiating those necessary to limit individual regulation provides that Commerce may administrative reviews. extend this time if it is reasonable to do DATES: Applicable May 5, 2021. 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; so. Determinations by Commerce to FOR FURTHER INFORMATION CONTACT: Administrative Protective Order Procedures, 76 FR extend the 90-day deadline will be Brenda E. Brown, AD/CVD Operations, 39263 (July 6, 2011). made on a case-by-case basis.

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Deadline for Particular Market administrative review in an NME of the proceeding 3 should timely file a Situation Allegation country this single rate unless an Separate Rate Application to Section 504 of the Trade Preferences exporter can demonstrate that it is demonstrate eligibility for a separate Extension Act of 2015 amended the Act sufficiently independent so as to be rate in this proceeding. In addition, by adding the concept of a particular entitled to a separate rate. companies that received a separate rate To establish whether a firm is market situation (PMS) for purposes of in a completed segment of the sufficiently independent from constructed value under section 773(e) proceeding that have subsequently government control of its export of the Act.2 Section 773(e) of the Act made changes, including, but not activities to be entitled to a separate limited to, changes to corporate states that ‘‘if a particular market rate, Commerce analyzes each entity situation exists such that the cost of structure, acquisitions of new exporting the subject merchandise. In companies or facilities, or changes to materials and fabrication or other accordance with the separate rates processing of any kind does not their official company name,4 should criteria, Commerce assigns separate timely file a Separate Rate Application accurately reflect the cost of production rates to companies in NME cases only to demonstrate eligibility for a separate in the ordinary course of trade, the if respondents can demonstrate the rate in this proceeding. The Separate administering authority may use absence of both de jure and de facto Rate Application will be available on another calculation methodology under government control over export this subtitle or any other calculation activities. Commerce’s website at https:// methodology.’’ When an interested All firms listed below that wish to enforcement.trade.gov/nme/nme-sep- party submits a PMS allegation pursuant qualify for separate rate status in the rate.html on the date of publication of to section 773(e) of the Act, Commerce administrative reviews involving NME this Federal Register notice. In will respond to such a submission countries must complete, as responding to the Separate Rate consistent with 19 CFR 351.301(c)(2)(v). appropriate, either a separate rate Application, refer to the instructions If Commerce finds that a PMS exists application or certification, as described contained in the application. Separate under section 773(e) of the Act, then it below. For these administrative reviews, Rate Applications are due to Commerce will modify its dumping calculations in order to demonstrate separate rate no later than 30 calendar days after appropriately. eligibility, Commerce requires entities publication of this Federal Register Neither section 773(e) of the Act nor for whom a review was requested, that notice. The deadline and requirement 19 CFR 351.301(c)(2)(v) set a deadline were assigned a separate rate in the for submitting a Separate Rate for the submission of PMS allegations most recent segment of this proceeding Application applies equally to NME- and supporting factual information. in which they participated, to certify owned firms, wholly foreign-owned However, in order to administer section that they continue to meet the criteria firms, and foreign sellers that purchase 773(e) of the Act, Commerce must for obtaining a separate rate. The and export subject merchandise to the receive PMS allegations and supporting Separate Rate Certification form will be United States. factual information with enough time to available on Commerce’s website at Exporters and producers must file a consider the submission. Thus, should https://enforcement.trade.gov/nme/ timely Separate Rate Application or an interested party wish to submit a nme-sep-rate.html on the date of Certification if they want to be PMS allegation and supporting new publication of this Federal Register considered for respondent selection. factual information pursuant to section notice. In responding to the Furthermore, exporters and producers 773(e) of the Act, it must do so no later certification, please follow the who submit a Separate Rate Application than 20 days after submission of initial ‘‘Instructions for Filing the or Certification and subsequently are responses to section D of the Certification’’ in the Separate Rate selected as mandatory respondents will questionnaire. Certification. Separate Rate no longer be eligible for separate rate Certifications are due to Commerce no Separate Rates status unless they respond to all parts of later than 30 calendar days after the questionnaire as mandatory In proceedings involving non-market publication of this Federal Register respondents. economy (NME) countries, Commerce notice. The deadline and requirement begins with a rebuttable presumption for submitting a Certification applies Initiation of Reviews: In accordance that all companies within the country equally to NME-owned firms, wholly with 19 CFR 351.221(c)(1)(i), we are are subject to government control and, foreign-owned firms, and foreign sellers initiating administrative reviews of the thus, should be assigned a single who purchase and export subject following AD and CVD orders and antidumping duty deposit rate. It is merchandise to the United States. findings. We intend to issue the final Commerce’s policy to assign all Entities that currently do not have a results of these reviews not later than exporters of merchandise subject to an separate rate from a completed segment March 31, 2022.

Period to be reviewed

AD Proceedings BRAZIL: Certain Uncoated Paper, A–351–842 ...... 3/1/20–2/28/21 Suzano Papel e Celulose S.A. Suzano S.A. PORTUGAL: Certain Uncoated Paper, A–471–807 ...... 3/1/20–2/28/21 The Navigator Company, S.A.

2 See Trade Preferences Extension Act of 2015, currently incomplete segment of the proceeding 4 Only changes to the official company name, Public Law 114–27, 129 Stat. 362 (2015). (e.g., an ongoing administrative review, new rather than trade names, need to be addressed via 3 Such entities include entities that have not shipper review, etc.) and entities that lost their a Separate Rate Application. Information regarding separate rate in the most recently completed participated in the proceeding, entities that were new trade names may be submitted via a Separate segment of the proceeding in which they Rate Certification. preliminarily granted a separate rate in any participated.

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Period to be reviewed

THAILAND: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 ...... 3/1/20–2/28/21 Apex International Logistics. Aquatec Maxcon Asia. Asian Unity Part Co., Ltd. Better Steel Pipe Company Limited. Bis Pipe Fitting Industry Co., Ltd. Blue Pipe Steel Center Co. Ltd. Chuhatsu (Thailand) Co., Ltd. CSE Technologies Co., Ltd. Expeditors International (Bangkok). Expeditors Ltd. FS International (Thailand) Co., Ltd. K Line Logistics. Kerry-Apex (Thailand) Co., Ltd. Oil Steel Tube (Thailand) Co., Ltd. Otto Ender Steel Structure Co., Ltd. Pacific Pipe and Pump. Pacific Pipe Public Co., Ltd. Panalpina World Transport Ltd. Polypipe Engineering Co., Ltd. Saha Thai Steel Pipe Public Co., Ltd. Schlumberger Overseas S.A. Siam Fittings Co., Ltd. Siam Steel Pipe Co., Ltd. Sino Connections Logistics (Thailand) Co., Ltd. Thai Malleable Iron and Steel. Thai Oil Group. Thai Oil Pipe Co., Ltd. Thai Premium Pipe Co. Ltd. Vatana Phaisal Engineering Company. Visavakit Patana Corp., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Certain Amorphous Silica Fabric, A–570–038 ...... 3/1/20–2/28/21 Access China Industrial Textile (Pinghu) Inc. (ACIT). Access China Industrial Textile (Shanghai) Inc. (ACIT). Acmetex Co., Ltd. Beijing Great Pack Materials Co., Ltd. Beijing Landingji Engineering Tech. Co., Ltd. Beijing Tianxing Ceramic Fiber Composite Materials Corp. Changshu Yaoxing Fiberglass Insulation Products Co., Ltd. Changzhou Kingze Composite Materials Co., Ltd. Changzhou Utek Composite Co. Chengdu Chang Yuan Shun Co., Ltd. Chengdu Youbang Hengtai New Material Co., Ltd. China Beihai Fiberglass Co., Ltd. China National Building Materials International Corporation. China Yangzhou Guo Tai Fiberglass Co., Ltd. Chongqing Polycomp International Corp. (CPIC). Chongqing Tenways Material Corporation. Chongqing Yangkai Import & Export Trade Co., Ltd. Cixi Sunrise Sealing Material Co., Ltd. Fujian Minshan Fire-Fighting Co., Ltd. Ganzhou Guangjian Fiberglass Co., Ltd. Grant Fiberglass Co., Ltd. Haining Jiete Fiberglass Fabric Co., Ltd. Haining Jorhom Imp. & Ex. Co., Ltd. Hebei Yuniu Fiberglass Manufacturing Co., Ltd. Hebei Yuyin Trade Co., Ltd. Hengshui Aohong International Trading Co., Ltd. Hitex Insulation (Ningbo) Co., Ltd. Huatek New Material Inc. Jiangsu Jiuding New Material Co., Ltd. Jiangxi Aidmer Seal & Packing Co., Ltd. Jiujiang Huaxing Glass Fiber Co., Ltd. Langfang Wanda Industrial Co., Ltd. Lanxi Joen Fiberglass Co., Ltd. Mowco Industry Limited. Nantong Jinpeng Fiberglass Products Co., Ltd. Nanjing Debeili New Materials Co., Ltd. Nanjing Tianyuan Fiberglass Material Co., Ltd. New Fire Co., Ltd. New Fire, Ltd. Newtex Asia Pacific Pte Ltd. Ningbo EAS Material Co., Ltd. Ningbo Firewheel Thermal Insulation & Sealing Co., Ltd.

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Period to be reviewed

Ningbo Fitow High Strength Composites Co., Ltd. Ningbo Universal Star Industry & Trade Limited. Ningguo BST Thermal Protection Products Co., Ltd. Nische New Material (Nantong) Co., Ltd. Pizhou Hua Yixiang Import and Export. Pizhou Hua Yixiang Import and Export Trading Co., Ltd. Qingdao Feelongda Industry & Trade Co., Ltd. Qingdao Junfeng Industry Company Limited. Qingdao Meikang Fireproof Materials Co., Ltd. Qingdao Shishuo Industry Co., Ltd. Rugao City Ouhua Composite Material Co., Ltd. Rugao Nebula Fiberglass Co., Ltd. Shandong Rondy Composite Materials, Co., Ltd. Shanghai Bonthe Insulative Material Co., Ltd. Shanghai Horse Construction Co., Ltd. Shanghai Industrial Products Imp. & Exp. Co., Ltd. Shanghai Liankun Electronics Material Co., Ltd. Shanghai New Union Textra Import. Shanghai Porcher Industries Co., Ltd. Shanghai Suita Environmental Protection Technology Co., Ltd. Shanghai Weldflame Co., Ltd. Shangqiu Huanyu Fiberglass Co., Ltd. Shaoxing Sunway Tools & Hardware Import & Export Co., Ltd. Shengzhou Top-Tech New Material Co., Ltd. Shnzhen Core-Tex Composite Materials Co., Ltd. Shenzhen Songxin Silicone Products Co., Ltd. Suntex Composite Industrial Co., Ltd. Suretex Composite Co., Ltd. Taian Fibtex Trade Co., Ltd. Taian Juli Composite Materials Co., Ltd. Taixing Chuanda Plastic Co., Ltd. Taixing Kaixin Composite Materials Co., Ltd. Taixing Ruifeng Rubber Products Co., Ltd. Taixing Vichen Composite Material Co., Limited. TaiZhou Xinxing Fiberglass Products Co., Ltd. Tenglong Sealing Products Manufactory Yuyao. Texaspro (China) Company. Tianjin Bin Jin Fiberglass Products Co., Ltd. Tongxiang Suretex Composite Co., Ltd. Wallean Industries Co., Ltd. Wuhan Dinfn Industries Co., Ltd. Wuxi First Special-Type Fiberglass Co., Ltd. Wuxi Xingxiao Hi-tech Material Co., Ltd. Yuyao Feida Insulation Sealing Factory. Yuyao Tianyi Special Carbon Fiber Co., Ltd. Zibo Irvine Trading Co., Ltd. Zibo Yao Xing Fire-Resistant and Heat Preservation Material Co., Ltd. Zibo Yuntai Furnace Technology Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Glycine, A–570–836 ...... 3/1/20–2/28/21 Baoding Mantong Fine Chemistry Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Truck and Bus Tires, A–570–040 5 ...... 2/1/20–1/31/21 Giti Tire (Fujian) Company Ltd. Giti Tire (Anhui) Company Ltd. CVD Proceedings Period to be Reviewed CANADA: Certain Softwood Lumber Products from Canada, C–122–858 6 ...... 1/1/20–12/31/20 Cedarcoast Lumber Products. 54 Reman. INDIA: Fine Denier Polyester Staple Fiber, C–533–876 ...... 1/1/20–12/31/20 Reliance Industries Limited. THE PEOPLE’S REPUBLIC OF CHINA: Certain Amorphous Silica Fabric, C–570–039 ...... 1/1/20–12/31/20 Access China Industrial Textile (Pinghu) Inc. (ACIT). Access China Industrial Textile (Shanghai) Inc. (ACIT). Acmetex Co., Ltd. Beijing Great Pack Materials Co., Ltd. Beijing Landingji Engineering Tech. Co., Ltd. Beijing Tianxing Ceramic Fiber Composite Materials Corp. Changshu Yaoxing Fiberglass Insulation Products Co., Ltd. Changzhou Kingze Composite Materials Co., Ltd. Changzhou Utek Composite Co. Chengdu Chang Yuan Shun Co., Ltd. Chengdu Youbang Hengtai New Material Co., Ltd. China Beihai Fiberglass Co., Ltd. China National Building Materials International Corporation.

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Period to be reviewed

China Yangzhou Guo Tai Fiberglass Co., Ltd. Chongqing Polycomp International Corp. (CPIC). Chongqing Tenways Material Corporation. Chongqing Yangkai Import & Export Trade Co., Ltd. Cixi Sunrise Sealing Material Co., Ltd. Fujian Minshan Fire-Fighting Co., Ltd. Ganzhou Guangjian Fiberglass Co., Ltd. Grant Fiberglass Co., Ltd. Haining Jiete Fiberglass Fabric Co., Ltd. Haining Jorhom Imp. & Ex. Co., Ltd. Hebei Yuniu Fiberglass Manufacturing Co., Ltd. Hebei Yuyin Trade Co., Ltd. Hengshui Aohong International Trading Co., Ltd. Hitex Insulation (Ningbo) Co., Ltd. Huatek New Material Inc. Jiangsu Jiuding New Material Co., Ltd. Jiangxi Aidmer Seal & Packing Co., Ltd. Jiujiang Huaxing Glass Fiber Co., Ltd. Langfang Wanda Industrial Co., Ltd. Lanxi Joen Fiberglass Co., Ltd. Mowco Industry Limited. Nantong Jinpeng Fiberglass Products Co., Ltd. Nanjing Debeili New Materials Co., Ltd. Nanjing Tianyuan Fiberglass Material Co., Ltd. New Fire Co., Ltd. New Fire, Ltd. Newtex Asia Pacific Pte Ltd. Ningbo EAS Material Co., Ltd. Ningbo Firewheel Thermal Insulation & Sealing Co., Ltd. Ningbo Fitow High Strength Composites Co., Ltd. Ningbo Universal Star Industry & Trade Limited. Ningguo BST Thermal Protection Products Co., Ltd. Nische New Material (Nantong) Co., Ltd. Pizhou Hua Yixiang Import and Export. Pizhou Hua Yixiang Import and Export Trading Co., Ltd. Qingdao Feelongda Industry & Trade Co., Ltd. Qingdao Junfeng Industry Company Limited. Qingdao Meikang Fireproof Materials Co., Ltd. Qingdao Shishuo Industry Co., Ltd. Rugao City Ouhua Composite Material Co., Ltd. Rugao Nebula Fiberglass Co., Ltd. Shandong Rondy Composite Materials, Co., Ltd. Shanghai Bonthe Insulative Material Co., Ltd. Shanghai Horse Construction Co., Ltd. Shanghai Industrial Products Imp. & Exp. Co., Ltd. Shanghai Liankun Electronics Material Co., Ltd. Shanghai New Union Textra Import. Shanghai Porcher Industries Co., Ltd. Shanghai Suita Environmental Protection Technology Co., Ltd. Shanghai Weldflame Co., Ltd. Shangqiu Huanyu Fiberglass Co., Ltd. Shaoxing Sunway Tools & Hardware Import & Export Co., Ltd. Shengzhou Top-Tech New Material Co., Ltd. Shnzhen Core-Tex Composite Materials Co., Ltd. Shenzhen Songxin Silicone Products Co., Ltd. Suntex Composite Industrial Co., Ltd. Suretex Composite Co., Ltd. Taian Fibtex Trade Co., Ltd. Taian Juli Composite Materials Co., Ltd. Taixing Chuanda Plastic Co., Ltd. Taixing Kaixin Composite Materials Co., Ltd. Taixing Ruifeng Rubber Products Co., Ltd. Taixing Vichen Composite Material Co., Limited. TaiZhou Xinxing Fiberglass Products Co., Ltd. Tenglong Sealing Products Manufactory Yuyao. Texaspro (China) Company. Tianjin Bin Jin Fiberglass Products Co., Ltd. Tongxiang Suretex Composite Co., Ltd. Wallean Industries Co., Ltd. Wuhan Dinfn Industries Co., Ltd. Wuxi First Special-Type Fiberglass Co., Ltd. Wuxi Xingxiao Hi-tech Material Co., Ltd. Yuyao Feida Insulation Sealing Factory. Yuyao Tianyi Special Carbon Fiber Co., Ltd.

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Period to be reviewed

Zibo Irvine Trading Co., Ltd. Zibo Yao Xing Fire-Resistant and Heat Preservation Material Co., Ltd. Zibo Yuntai Furnace Technology Co., Ltd. TURKEY: Circular Welded Carbon Steel Pipes and Tubes, C–489–502 ...... 1/1/20–12/31/20 Borusan Mannesmann Boru Sanayi ve Ticaret A.S.

Suspension Agreements Parties wishing to participate in any of the Final Rule.9 Commerce intends to None. these administrative reviews should reject factual submissions in any ensure that they meet the requirements proceeding segments if the submitting Duty Absorption Reviews of these procedures (e.g., the filing of party does not comply with applicable During any administrative review separate letters of appearance as certification requirements. discussed at 19 CFR 351.103(d)). covering all or part of a period falling Extension of Time Limits Regulation between the first and second or third Factual Information Requirements and fourth anniversary of the Parties may request an extension of publication of an AD order under 19 Commerce’s regulations identify five time limits before a time limit CFR 351.211 or a determination under categories of factual information in 19 established under Part 351 expires, or as 19 CFR 351.218(f)(4) to continue an CFR 351.102(b)(21), which are otherwise specified by Commerce.10 In order or suspended investigation (after summarized as follows: (i) Evidence general, an extension request will be sunset review), Commerce, if requested submitted in response to questionnaires; considered untimely if it is filed after by a domestic interested party within 30 (ii) evidence submitted in support of the time limit established under Part allegations; (iii) publicly available days of the date of publication of the 351 expires. For submissions which are information to value factors under 19 notice of initiation of the review, will due from multiple parties CFR 351.408(c) or to measure the determine whether AD duties have been simultaneously, an extension request adequacy of remuneration under 19 CFR absorbed by an exporter or producer will be considered untimely if it is filed 351.511(a)(2); (iv) evidence placed on subject to the review if the subject after 10:00 a.m. on the due date. the record by Commerce; and (v) merchandise is sold in the United States Examples include, but are not limited evidence other than factual information through an importer that is affiliated to: (1) Case and rebuttal briefs, filed described in (i)–(iv). These regulations with such exporter or producer. The pursuant to 19 CFR 351.309; (2) factual require any party, when submitting request must include the name(s) of the information to value factors under 19 factual information, to specify under exporter or producer for which the CFR 351.408(c), or to measure the inquiry is requested. which subsection of 19 CFR 351.102(b)(21) the information is being adequacy of remuneration under 19 CFR Gap Period Liquidation submitted and, if the information is 351.511(a)(2), filed pursuant to 19 CFR submitted to rebut, clarify, or correct 351.301(c)(3) and rebuttal, clarification For the first administrative review of and correction filed pursuant to 19 CFR any order, there will be no assessment factual information already on the record, to provide an explanation 351.301(c)(3)(iv); (3) comments of antidumping or countervailing duties concerning the selection of a surrogate on entries of subject merchandise identifying the information already on country and surrogate values and entered, or withdrawn from warehouse, the record that the factual information rebuttal; (4) comments concerning CBP for consumption during the relevant seeks to rebut, clarify, or correct. The data; and (5) Q&V questionnaires. Under ‘‘gap’’ period of the order (i.e., the regulations, at 19 CFR 351.301, also certain circumstances, Commerce may period following the expiry of provide specific time limits for such elect to specify a different time limit by provisional measures and before factual submissions based on the type of which extension requests will be definitive measures were put into factual information being submitted. 7 considered untimely for submissions place), if such a gap period is applicable Please review the Final Rule, available which are due from multiple parties to the POR. at https://enforcement.trade.gov/frn/ 2013/1304frn/2013-08227.txt, prior to simultaneously. In such a case, Administrative Protective Orders and submitting factual information in this Commerce will inform parties in the Letters of Appearance segment. Note that Commerce has letter or memorandum setting forth the Interested parties must submit temporarily modified certain of its deadline (including a specified time) by applications for disclosure under requirements for serving documents which extension requests must be filed administrative protective orders in containing business proprietary to be considered timely. This policy also accordance with the procedures information, until further notice.8 requires that an extension request must outlined in Commerce’s regulations at Any party submitting factual be made in a separate, stand-alone 19 CFR 351.305. Those procedures information in an AD or CVD submission, and clarifies the apply to administrative reviews proceeding must certify to the accuracy circumstances under which Commerce included in this notice of initiation. and completeness of that information will grant untimely-filed requests for the using the formats provided at the end of extension of time limits. Please review 5 The two companies listed i.e., Giti Tire (Fujian) the Final Rule, available at https:// Company Ltd. and Giti Tire (Anhui) Company Ltd. 7 See Certification of Factual Information To www.gpo.gov/fdsys/pkg/FR-2013-09-20/ were inadvertently omitted from the initiation Import Administration During Antidumping and html/2013-22853.htm, prior to notice that published on April 1, 2021 (86 FR Countervailing Duty Proceedings, 78 FR 42678 (July 17124). These omissions are corrected in this 17, 2013) (Final Rule); see also the frequently asked notice. questions regarding the Final Rule, available at 9 See section 782(b) of the Act; see also Final 6 Cedarcoast Lumber Products and 54 Reman https://enforcement.trade.gov/tlei/notices/factual_ Rule; and the frequently asked questions regarding were inadvertently omitted from the initiation info_final_rule_FAQ_07172013.pdf. the Final Rule, available at https:// notice that published on March 4, 2021 (86 FR 8 See Temporary Rule Modifying AD/CVD Service enforcement.trade.gov/tlei/notices/factual_info_ 12599). These omissions are corrected in this Requirements Due to COVID–19, 85 FR 41363 (July final_rule_FAQ_07172013.pdf. notice. 10, 2020). 10 See 19 CFR 351.302.

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submitting factual information in these administrative review was initiated and Weighted- segments. not rescinded. On December 2, 2020, average These initiations and this notice are ULMA Forja, S.Coop (ULMA) submitted Exporter/manufacturer dumping 2 margin in accordance with section 751(a) of the its case brief. On the same day, (percent) Act (19 U.S.C. 1675(a)) and 19 CFR Weldbend Corporation and Boltex 351.221(c)(1)(i). Manufacturing Co., L.P. (collectively, ULMA Forja, S.Coop ...... 1.41 Dated: April 29, 2021. the petitioners) submitted their case Grupo Cunado ...... 1.41 3 Tubacero, S.L ...... 1.41 James Maeder, brief. On December 9, 2020, the petitioners submitted their rebuttal Ateaciones De Metales Deputy Assistant Secretaryfor Antidumping 4 Sinterizados S.A ...... 1.41 and Countervailing Duty Operations. brief. On February 11, 2021, Commerce extended the deadline for these final Transglory S.A ...... 1.41 [FR Doc. 2021–09421 Filed 5–4–21; 8:45 am] results, until April 30, 2021.5 Central Y Almacenes ...... 1.41 BILLING CODE 3510–DS–P Friedrich Geldbach Gmbh ...... 1.41 Scope of the Order 6 Farina Group Spain ...... 1.41 The scope of the Order covers DEPARTMENT OF COMMERCE finished carbon steel flanges from Rate for Non-Selected Respondents International Trade Administration Spain. A full description of the scope of For the rate for non-selected the Order is contained in the Issues and respondents in an administrative [A–469–815] Decision Memorandum.7 review, generally, Commerce looks to section 735(c)(5) of the Act, which Finished Carbon Steel Flanges From Analysis of Comments Received provides instructions for calculating the Spain: Final Results of Antidumping All issues raised in the case and all-others rate in a market economy Duty Administrative Review; 2018– rebuttal briefs filed by parties in this investigation. Under section 2019 review are addressed in the Issues and 735(c)(5)(A) of the Act, the all-others Decision Memorandum. A list of the AGENCY: Enforcement and Compliance, rate is normally ‘‘an amount equal to the International Trade Administration, issues addressed in the Issues and weighted-average of the estimated Department of Commerce. Decision Memorandum is in the weighted-average dumping margins appendix to this notice. The Issues and SUMMARY: The Department of Commerce established for exporters and producers Decision Memorandum is a public individually investigated, excluding any (Commerce) finds that sales of finished document and is on file electronically carbon steel flanges (flanges) from Spain zero or de minimis margins, and any via Enforcement and Compliance’s margins determined entirely {on the were made at less than normal value Antidumping and Countervailing Duty (NV) during the period of review (POR), basis of facts available}.’’ In this Centralized Electronic Service System segment of the proceeding, we June 1, 2018, through May 31, 2019. (ACCESS). ACCESS is available to DATES: Applicable May 5, 2021. calculated a margin for ULMA that was registered users at https:// not zero, de minimis, or based on facts FOR FURTHER INFORMATION CONTACT: access.trade.gov. In addition, a complete available. Accordingly, we have applied Marc Castillo or Mark Flessner, AD/CVD version of the Issues and Decision the margin calculated for ULMA to the Operations, Office VI, Enforcement and Memorandum can be accessed directly non-individually examined Compliance, International Trade on the internet at http:// respondents. Administration, Department of enforcement.trade.gov/frn/index.html. Commerce, 1401 Constitution Avenue Disclosure NW, Washington, DC 20230; telephone: Changes Since the Preliminary Results Commerce intends to disclose the (202) 482–0519 or (202) 482–6312, Based on our analysis of the calculations performed for these final respectively. comments received, and for the reasons explained in the Issues and Decision results of review within five days of the SUPPLEMENTARY INFORMATION: Memorandum, we made certain changes date of publication of this notice in the Background from the Preliminary Results. Federal Register, in accordance with 19 CFR 351.224(b). On November 2, 2020, Commerce Final Results of Administrative Review published the Preliminary Results of Assessment For these final results, we determine this administrative review and invited that the following weighted-average Commerce shall determine and U.S. interested parties to comment on the dumping margins exist for the period Customs and Border Protection (CBP) Preliminary Results.1 These final results June 1, 2018, through May 31, 2019: shall assess antidumping duties on all cover eight companies for which an appropriate entries. Commerce will 2 See ULMA’s Letter, ‘‘ULMA FORJA’s Case Brief: instruct CBP to apply an ad valorem 1 See Finished Carbon Steel Flanges from Spain: Finished Carbon Steel Flanges from Spain POR 2,’’ assessment rate of 1.41 percent to all Preliminary Results of Antidumping Duty dated December 2, 2020. Administrative Review; 2018–2019, 85 FR 69314 entries of subject merchandise during 3 See Petitioners’ Letter, ‘‘Finished Carbon Steel (November 2, 2020) (Preliminary Results); see also the POR which were produced and/or Flanges from Spain: Case Brief,’’ dated December 2, Memorandum, ‘‘Finished Carbon Steel Flanges from 2020. exported by ULMA. Commerce will also Spain, 2018–2019: Preliminary Results Federal 4 instruct CBP to apply an ad valorem Register Notice and Amended Briefing Schedule,’’ See Petitioners’ Letter, ‘‘Finished Carbon Steel dated November 6, 2020. On October 22, 2020, Flanges from Spain: Rebuttal Brief,’’ dated assessment rate of 1.41 percent to all Commerce published in the Federal Register the December 9, 2020. entries of subject merchandise during preliminary results for this administrative review of 5 See Memorandum, ‘‘Finished Carbon Steel the POR which were produced and/or Flanges from Spain: Extension of Time Limit for the Order for this POR (85 FR 67335). On November exported by Grupo Cunado, Tubacero, 2, 2020, Commerce inadvertently again published Final Results of Antidumping Duty Administrative in the Federal Register the Preliminary Results; this Review, 2018–2019,’’ dated February 11, 2021. S.L., Ateaciones De Metales second notice was identical to that published on 6 See Finished Carbon Steel Flanges from Spain: Sinterizados S.A., Transglory S.A., October 22, 2020. In fairness to all parties and to Antidumping Duty Order, 82 FR 27229 (June 14, Central Y Almacenes, Friedrich prevent confusion, this November 2, 2020, notice is 2017) (Order). Geldbach Gmbh, and Farina Group the operative notice of the Preliminary Results for 7 See accompanying Issues and Decision this administrative review. Memorandum. Spain. Consistent with its recent

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notice,8 Commerce intends to issue Notification to Interested Parties This notice contained incorrect assessment instructions to CBP no Regarding Administrative Protective information regarding the companies: earlier than 35 days after the date of Order For which Commerce rescinded the publication of the final results of this This notice also serves as the only administrative review; for which review in the Federal Register. If a reminder to parties subject to Commerce made a final no shipments timely summons is filed at the U.S. administrative protective order (APO) of determination; and that Commerce Court of International Trade, the their responsibility concerning the assigned to the China-wide entity. assessment instructions will direct CBP disposition of proprietary information FOR FURTHER INFORMATION CONTACT: not to liquidate relevant entries until the disclosed under APO in accordance Benito Ballesteros, AD/CVD Operations, time for parties to file a request for a with 19 CFR 351.305(a)(3), which Office V, Enforcement and Compliance, statutory injunction has expired (i.e., continues to govern business International Trade Administration, within 90 days of publication). proprietary information in this segment U.S. Department of Commerce, 1401 Cash Deposit Requirements of the proceeding. Timely written Constitution Avenue NW, Washington, notification of the return or destruction DC 20230; telephone: (202) 482–7425. The following deposit requirements of APO materials or conversion to SUPPLEMENTARY INFORMATION: for estimated antidumping duties will judicial protective order is hereby Correction be effective upon publication of the requested. Failure to comply with the notice of these final results of review for regulations and the terms of an APO is In the Federal Register of March 20, all shipments of flanges from Spain a sanctionable violation. 2017, in FR Doc. 2017–05429, on page entered, or withdrawn from warehouse, We are issuing and publishing this 14345, correct the first and second for consumption on or after the date of notice in accordance with sections paragraph of the ‘‘Final Partial publication as provided by section 751(a)(1) and 777(i)(1) of the Act and 19 Rescission of Antidumping Duty 751(a)(2) of the Act: (1) The cash deposit CFR 351.213(h). Administrative Review’’ section to read: rate for ULMA, Grupo Cunado, Pursuant to 19 CFR 351.213(d)(1), Tubacero, S.L., Ateaciones De Metales Dated: April 28, 2021. Christian Marsh, Commerce will rescind an administrative Sinterizados S.A., Transglory S.A., review, in whole or in part, if a party who Acting Assistant Secretary for Enforcement Central Y Almacenes, Friedrich requested the review withdraws the request and Compliance. Geldbach Gmbh, and Farina Group within 90 days of the date of publication of Spain will be 1.41 percent; (2) for Appendix notice of initiation. Mid Continent Steel & merchandise exported by producers or Wire, Inc. (the petitioner) withdrew its List of Topics Discussed in the Issues and request for an administrative review on: exporters not covered in this review but Decision Memorandum covered in a prior segment of the Besco Machinery Industry (Zhejiang) Co., proceeding, the cash deposit rate will I. Summary Ltd.; Cana (Tianjin) Hardware Industrial Co., II. Background Ltd.; Certified Products International Inc.; continue to be the company-specific rate III. Scope of the Order Chiieh Yung Metal Industrial Corporation; published for the most recent period; (3) IV. Discussion of the Issues China Staple Enterprise (Tianjin) Co., Ltd.; if the exporter is not a firm covered in Comment 1: Freight Revenue Capping Huanghua Jinhai Hardware Products Co. Ltd; this review, a prior review, or the Comment 2: Marine Insurance Huanghua Xiong Hua Hardware Product Co., original investigation, but the producer Comment 3: Certain Offset to G&A Ltd.; Huanghua Yufutai Hardware Products is, then the cash deposit rate will be the Expenses Limited; Jining Huarong Hardware Products; rate established for the most recent V. Recommendation Liaocheng Minghui Hardware Products Co., period for the producer of the [FR Doc. 2021–09413 Filed 5–4–21; 8:45 am] Ltd.; Nanjing Yuechang Hardware Co., Ltd.; PT Enterprise Inc.; Shandong Oriental Cherry merchandise; (4) the cash deposit rate BILLING CODE 3510–DS–P Hardware Group; Shandong Oriental Cherry for all other producers or exporters will Hardware Import & Export Co., Ltd.; 9 continue to be 18.81 percent, the all- Shandong Qingyun Hongyi Hardware others rate established in the less-than- DEPARTMENT OF COMMERCE Products Co., Ltd.; Shanghai Yueda fair-value investigation. These cash Fasterners Co., Ltd.; Shanxi Tianli Enterprise deposit requirements shall remain in International Trade Administration Co., Ltd.; Shanxi Yuci Broad Wire Products effect until further notice. [A–570–909] Co., Ltd.; Smart (Tianjin) Technology Development Co., Ltd.; Tianjin Hongli Notification to Importers Certain Steel Nails From the People’s Qiangsheng Import and Export Co., Ltd.; This notice serves as a final reminder Republic of China: Final Results of Tianjin Juxiang Metal Products Co.; Tianjin Lianda Group Ltd.1 Tianjin Zhonglian Metals to importers of their responsibility Antidumping Duty Administrative Review, Final Determination of No Ware Co., Ltd.; and Xi’an Metals & Minerals under 19 CFR 351.402(f)(2) to file a Import & Export Co., Ltd. No other party certificate regarding the reimbursement Shipments and Final Partial requested a review of these companies.2 of antidumping duties prior to Rescission, 2014–2015; Correction liquidation of the relevant entries 1 AGENCY: Enforcement and Compliance, We note that ‘‘Tianjin Lianda Group Co. Ltd.’’ is subject to this review and is part of the China- during this POR. Failure to comply with International Trade Administration, this requirement could result in wide entity. Department of Commerce. 2 Commerce’s presumption that The petitioner withdrew its request for: Hebei ACTION: Notice; correction. Cangzhou New Century Foreign Trade Co. Ltd; reimbursement of antidumping duties Nanjing Caiqing Hardware Co., Ltd.; Tianjin Jinghai occurred and the subsequent assessment SUMMARY: The Department of Commerce County Hongli Industry & Business Co., Ltd.; and of double antidumping duties. Tianjin Universal Machinery Import & Export Corp. (Commerce) published a notice in the However, these companies also self-requested a Federal Register of March 20, 2017 in review. Therefore, we have not rescinded this 8 See Notice of Discontinuation of Policy to Issue which Commerce announced the final review with respect to these four companies. The Liquidation Instructions After 15 Days in results of the 2014–2015 administrative petitioner also withdrew its request for Mingguang Applicable Antidumping and Countervailing Duty Abundant Hardware Products Co., Ltd. However, in Administrative Proceedings, 86 FR 3995 (January review of the antidumping duty (AD) the Preliminary Results, we found Mingguang 15, 2021). order on certain steel nails (nails) from Abundant Hardware Products Co., Ltd. to be the 9 See Order, 82 FR 27229. the People’s Republic of China (China). same company as Mingguang Ruifeng Hardware

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Accordingly, we are rescinding this However, this list was incorrect. project Characterizing User Equipment review, in part, with respect to the Mingguang Abundant Hardware Products Emissions on May 13, 2021 at 10:00 companies identified above, pursuant to Co., Ltd., under its new name Mingguang a.m.–12:30 p.m. Mountain Daylight 19 CFR 351.213(d)(1). Ruifeng Hardware Products Co., Ltd., and Time. The purpose of this meeting is to In the Federal Register of March 20, Qingdao D&L Group Co., Ltd., under Qingdao bring together federal, industry, and D&L Group Ltd., were granted separate rate 2017, in FR Doc 2017–05429, on page status. For the remaining companies, except academic stakeholders; to disseminate 14345, correct the first paragraph of the Tianjin Lianda Group Co., Ltd., Commerce NASCTN’s findings; and to share ‘‘Final Determination of No Shipments’’ has rescinded the review, as noted above. information. section to read: For the Final Results, we find that, for two DATES: The NASCTN meeting on In the Preliminary Results, Commerce companies, Suzhou Xingya Nail Co., Ltd. and Characterizing User Equipment preliminarily determined that Zhejian Gem- Tianjin Lianda Group Co., Ltd., we have not Emissions will take place on May 13, Chun Hardware Accessory Co., Ltd. (Zhejian received any information since the issuance of the Preliminary Results that provides a 2021 at 10:00 a.m.–12:30 p.m. Mountain Gem-Chun) did not have any reviewable Daylight Time. transactions during the POR.3 Consistent basis for reconsidering this preliminary with Commerce’s assessment practice in non- determination. Therefore, Commerce ADDRESSES: The meeting will be held market economy (NME) cases, we completed continues to find that Suzhou Xingya Nail via web conference. For instructions on the review with respect to Zhejian Gem- Co., Ltd. and Tianjin Lianda Group Co., Ltd. how to participate in the meeting, Chun. Based on the certifications submitted are part of the China-wide entity. please see the SUPPLEMENTARY by Zhejian Gem-Chun, and our analysis of INFORMATION section of this notice. CBP information, we continue to determine Background FOR FURTHER INFORMATION CONTACT: Matt that the company did not have any On March 20, 2017, Commerce Briel at [email protected] or 303– reviewable transactions during the POR. As published in the Federal Register the 908–2747. noted in the ‘‘Assessment Rates’’ section of final results of the 2014–2015 the Final Results, Commerce intends to issue administrative reviews of the AD order SUPPLEMENTARY INFORMATION: The appropriate instructions to CBP for Zhejian on nails from China.4 This notice National Advanced Spectrum and Gem-Chun based on the final results of this Communications Test Network review. contained incorrect information regarding the companies for which (NASCTN) is hosting a public meeting In the Federal Register of March 20, Commerce: (1) Rescinded the on the conclusion of their project 2017, in FR Doc 2017–05429, on page administrative review; (2) made a final Characterizing User Equipment Emissions on May 13, 2021 at 10:00 14345, after the ‘‘Final Determination of no shipments determination; and (3) a.m.–12:30 p.m. Mountain Daylight No Shipments’’ section, add section assigned the entities to the China-wide Time. The purpose of this meeting is to ‘‘China-Wide Entity’’ to read: entity. In the Preliminary Results, we found that bring together federal, industry, and 14 companies, Cana (Tianjin) Hardware Notification to Interested Parties academic stakeholders; to disseminate Industrial Co., Ltd., China Staple Enterprise This notice is issued and published in NASCTN’s findings; and to share (Tianjin) Co., Ltd., Huanghua Jinhai accordance with sections 751(a)(1) and information. Hardware Products Co. Ltd, Huanghua Xiong This project characterizes cellular Hua Hardware Product Co., Ltd., Huanghua 777(i) of the Tariff Act of 1930, as amended. emissions (LTE uplinks) to support Yufutai Hardware Products Limited, interference models used to coordinate Liaocheng Minghui Hardware Products Co., Dated: April 29, 2021. commercial carrier deployments in the Ltd., Mingguang Abundant Hardware Christian Marsh, Products Co., Ltd., Qingdao D&L Group Co., AWS–3 band (1755–1780 MHz band) Ltd., Shandong Qingyun Hongyi Hardware Acting Assistant Secretary for Enforcement with Department of Defense systems Products Co., Ltd., Shanghai Yueda and Compliance. that remain in the band. This effort Fasterners Co., Ltd., Shanxi Tianli Enterprise [FR Doc. 2021–09498 Filed 5–4–21; 8:45 am] consisted of two parts: (1) A Factor Co., Ltd., Smart (Tianjin) Technology BILLING CODE 3510–DS–P Screening effort which identified the Development Co., Ltd., Tianjin Hongli key factors impacting emissions, and (2) Qiangsheng Import and Export Co., Ltd., and characterization of factors impacting UE Tianjin Lianda Group Ltd., for which a DEPARTMENT OF COMMERCE review was requested had not established uplink emissions when closed-loop eligibility for a separate rate and, thus, we power control is enabled in the cell, and National Institute of Standards and models of the emissions over considered them to be part of the China-wide Technology entity. operational scenarios. The output of this National Advanced Spectrum and work can aid in the development of Products Co., Ltd. because the company changed it Communications Test Network: emissions models and interference English name. Because Mingguang Ruifeng calculations in the AWS–3 band and Hardware Products Co., Ltd. self-requested a Characterizing User Equipment review, we have not rescinded this review with Emissions beyond. respect to the company(ies). Similarly, we find More information about this project Qingdao D&L Group, Ltd. and SDC International AGENCY: National Institute of Standards can be found on our website: https:// Australia (PTY) Ltd. to be the same as Qingdao D&L and Technology, Department of www.nist.gov/programs-projects/ Group Co., Ltd. and SDC International Aust. PTY. Commerce. characterizing-user-equipment- Ltd., respectively, which self-requested a review. Therefore, we have not rescinded this review with ACTION: Announcement of meeting. emissions. respect to Qingdao D&L Group, Ltd. and SDC Individuals and representatives of International Aust. PTY. Ltd. SUMMARY: The National Advanced organizations who would like to ask 3 In the Final Results, Commerce inadvertently Spectrum and Communications Test questions or offer suggestions related to included Besco Machinery Industry (Zhejiang) Co., Network (NASCTN) is hosting a public Ltd., Jining Huarong Hardware Products, Nanjing the test are invited to request a place on Yuechang Hardware Co., Ltd., PT Enterprise Inc., meeting on the conclusion of their the agenda. Approximately fifteen and Shanxi Yuci Broad Wire Products Co., Ltd. in minutes will be reserved for public the no shipments category. However, the petitioner 4 See Certain Steel Nails from the People’s comments and speaking times will be made a timely request to rescind the review on Republic of China: Final Results of Antidumping these companies. Therefore, Commerce has Duty Administrative Review, Final Determination of assigned on a first-come, first-served removed these companies from the no shipments No Shipments and Final Partial Rescission; 2014– basis. Public comments can be provided category. 2015, 82 FR 14344 (March 20, 2017). via email or by web conference

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attendance. The amount of time per 100 Bureau Drive, Mail Stop 4800, Advisory Board website at http:// speaker will be determined by the Gaithersburg, Maryland 20899–4800; www.nist.gov/mep/about/advisory- number of requests received. All those telephone number (301) 975–2785; board.cfm. Questions from the public wishing to speak must submit their email: [email protected]. will not be considered during this request by email to matthew.briel@ SUPPLEMENTARY INFORMATION: The MEP period. Speakers who wish to expand nist.gov by 5:00 p.m. Mountain Daylight Advisory Board is authorized under upon their oral statements, those who Time, May 11, 2021. Speakers who wish Section 3003(d) of the America wished to speak but could not be to expand upon their oral statements, COMPETES Act (Pub. L. 110–69), as accommodated on the agenda or those those who wish to speak but cannot be amended by the American Innovation who are/were unable to attend the accommodated on the agenda, and those and Competitiveness Act, Public Law meeting are invited to submit written who are unable to attend are invited to 114–329 sec. 501 (2017), and codified at statements electronically by email to submit written statements electronically 15 U.S.C. 278k(m), in accordance with [email protected]. by email to [email protected]. the provisions of the Federal Advisory Admittance Instructions: Anyone Anyone wishing to attend this Committee Act, as amended, 5 U.S.C. wishing to attend the MEP Advisory meeting via web conference must App. The Hollings Manufacturing Board meeting must submit their name, register by 5:00 p.m. Mountain Daylight Extension Partnership Program email address and phone number to Time, May 11, 2021. Please submit your (Program) is a unique program Cheryl Gendron (Cheryl.Gendron@ full name, email address, and phone consisting of Centers in all 50 states and nist.gov or 301–975–2785) no later than number to Matt Briel at matthew.briel@ Puerto Rico with partnerships at the Friday, June 26, 2021, 5:00 p.m. Eastern nist.gov. federal, state and local levels. By statute, Time. Authority: 15 U.S.C. 272. the MEP Advisory Board provides the Alicia Chambers, NIST Director with: (1) Advice on the NIST Executive Secretariat. Alicia Chambers, activities, plans and policies of the [FR Doc. 2021–09408 Filed 5–4–21; 8:45 am] NIST Executive Secretariat. Program; (2) assessments of the [FR Doc. 2021–09411 Filed 5–4–21; 8:45 am] soundness of the plans and strategies of BILLING CODE 3510–13–P BILLING CODE 3510–13–P the Program; and (3) assessments of current performance against the plans of DEPARTMENT OF COMMERCE the Program. DEPARTMENT OF COMMERCE Background information on the MEP National Institute of Standards and National Institute of Standards and Advisory Board is available at http:// Technology Technology www.nist.gov/mep/about/advisory- board.cfm. National Advanced Spectrum and Manufacturing Extension Partnership Pursuant to the Federal Advisory Communications Test Network: LTE Advisory Board Committee Act, as amended, 5 U.S.C. Impacts to Aeronautical Mobile App., notice is hereby given that the Telemetry and LTE Waveform AGENCY: National Institute of Standards MEP Advisory Board will hold an open Measurement and Technology, Commerce. meeting on Wednesday, June 30, 2021 AGENCY: National Institute of Standards ACTION: Notice of open meeting. from 9:00 a.m. to 5:00 p.m. Central and Technology, Department of Time. The meeting agenda will include SUMMARY: Commerce. The National Institute of an update on the MEP programmatic Standards and Technology (NIST) operations, as well as provide guidance ACTION: Announcement of meeting. announces that the Manufacturing and advice on current activities related SUMMARY: The National Advanced Extension Partnership (MEP) Advisory to the MEP National NetworkTM 2017– Board will hold an open meeting on Spectrum and Communications Test 2022 Strategic Plan. The agenda may Network (NASCTN) is hosting a public Wednesday, June 30, 2021. change to accommodate Committee DATES: The meeting will be held on meeting on LTE impacts to Aeronautical business. The final agenda will be Mobile Telemetry (AMT) as well as field Wednesday, June 30, 2021 from 9:00 posted on the MEP Advisory Board a.m. to 5:00 p.m. Central Time. and laboratory LTE waveform website at http://www.nist.gov/mep/ measurement on May 12, 2021 at 10:00 ADDRESSES: The meeting will be held at about/advisory-board.cfm. a.m.–12:30 p.m. Mountain Daylight the Hyatt Regency Tulsa Downtown, Individuals and representatives of Time. The purpose of this meeting is to 100 East Second Street, Tulsa, organizations who would like to offer bring together federal, industry, and Oklahoma, 74103. Please note comments and suggestions related to the academic stakeholders; to disseminate admittance instructions in the MEP Advisory Board’s business are NASCTN’s findings; and to share SUPPLEMENTARY INFORMATION section invited to request a place on the agenda. information. below. This meeting could switch to a Approximately 15 minutes will be virtual format only. Interested parties reserved for public comments at the end DATES: The NASCTN meeting on LTE should be sure to check the NIST MEP of the meeting. Speaking times will be Impacts to AMT and LTE Waveform Advisory Board website for the most up- assigned on a first-come, first-served Measurement will take place on May 12, to-date information at http:// basis. The amount of time per speaker 2021 at 10:00 a.m.–12:30 p.m. Mountain www.nist.gov/mep/about/advisory- will be determined by the number of Daylight Time. board.cfm. Everyone who registers and requests received but is likely to be no ADDRESSES: The meeting will be held provides contact information will more than three to five minutes each. via web conference. For instructions on receive notice if there is a change to the Requests must be submitted by email to how to participate in the meeting, meeting venue from in-person to virtual. [email protected] and must be please see the SUPPLEMENTARY FOR FURTHER INFORMATION CONTACT: received by June 25, 2021 to be INFORMATION section of this notice. Cheryl L. Gendron, Manufacturing considered. The exact time for public FOR FURTHER INFORMATION CONTACT: Matt Extension Partnership, National comments will be included in the final Briel at [email protected] or 303– Institute of Standards and Technology, agenda that will be posted on the MEP 908–2747.

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SUPPLEMENTARY INFORMATION: The DEPARTMENT OF COMMERCE Standards, as well as an update on National Advanced Spectrum and ongoing actions to implement NIST’s Communications Test Network National Institute of Standards and Strategic Plan. The agenda may change (NASCTN) is hosting a public meeting Technology to accommodate Committee business. on LTE impacts to AMT as well as field The final agenda will be posted on the Visiting Committee on Advanced and laboratory LTE waveform NIST website at http://www.nist.gov/ Technology measurement on May 12, 2021 at 10:00 director/vcat/agenda.cfm. a.m.–12:30 p.m. MDT. The purpose of AGENCY: National Institute of Standards Individuals and representatives of this meeting is to bring together federal, and Technology, Department of organizations who would like to offer comments and suggestions related to the industry, and academic stakeholders; to Commerce. Committee’s business are invited to disseminate NASCTN’s findings; and to ACTION: Notice of open meeting. request a place on the agenda. share information. SUMMARY: National Institute of Approximately one-half hour will be This project builds on and extends a Standards and Technology (NIST)’s reserved for public comments and previous NASCTN project that Visiting Committee on Advanced speaking times will be assigned on a measured the out-of-band (OoB) LTE Technology (VCAT or Committee) will first-come, first-serve basis. The amount evolved Node B (eNB) and User meet on Tuesday, June 8, 2021, from of time per speaker will be determined Equipment AWS–3 emissions into 10:00 a.m. to 5:00 p.m. Eastern Time. by the number of requests received but, adjacent L and S frequency bands of DATES: The VCAT will meet on is likely to be about 3 minutes each. The AMT systems. While the previous test Tuesday, June 8, 2021, from 10:00 a.m. exact time for public comments will be measured general LTE OoB emissions, to 5:00 p.m. Eastern Time. included in the final agenda that will be posted on the NIST website at http:// this project specifically measures the ADDRESSES: The meeting will be a www.nist.gov/director/vcat/agenda.cfm. impact to AMT systems. Results can be virtual meeting via webinar. Please note Questions from the public will not be used to improve testing protocols that admittance instructions under the considered during this period. Speakers protect existing federal systems during SUPPLEMENTARY INFORMATION section of who wish to expand upon their oral new cellular deployments. More this notice. statements, those who had wished to information about this project can be FOR FURTHER INFORMATION CONTACT: found on our website: https:// speak but could not be accommodated Stephanie Shaw, VCAT, NIST, 100 on the agenda, and those who were www.nist.gov/programs-projects/aws-3- Bureau Drive, Mail Stop 1060, lte-impacts-amt. unable to attend via webinar are invited Gaithersburg, Maryland 20899–1060, to submit written statements to Individuals and representatives of telephone number 240–298–4654. Ms. Stephanie Shaw at stephanie.shaw@ organizations who would like to ask Shaw’s email address is nist.gov. questions or offer suggestions related to [email protected]. All participants will be attending via the test are invited to request a place on SUPPLEMENTARY INFORMATION: webinar and must contact Ms. Shaw at the agenda. Approximately fifteen Authority: 15 U.S.C. 278, as amended, and [email protected] by no later minutes will be reserved for public the Federal Advisory Committee Act, as than 5:00 p.m. Eastern Time, comments and speaking times will be amended, 5 U.S.C. App. Wednesday, June 2, 2021 for detailed assigned on a first-come, first-served Pursuant to the Federal Advisory instructions on how to join the webinar. basis. Public comments can be provided Committee Act, as amended, 5 U.S.C. Alicia Chambers, via email or by web conference App., notice is hereby given that the NIST Executive Secretariat. attendance. The amount of time per VCAT will meet on Tuesday, June 8, speaker will be determined by the [FR Doc. 2021–09406 Filed 5–4–21; 8:45 am] 2021, from 10:00 a.m. to 5:00 p.m. BILLING CODE 3510–13–P number of requests received. All those Eastern Time. The meeting will be open wishing to speak must submit their to the public. The VCAT is composed of request by email to matthew.briel@ not fewer than 9 members appointed by DEPARTMENT OF COMMERCE nist.gov by 5:00 p.m. Mountain Daylight the NIST Director, eminent in such Time, May 10, 2021. Speakers who wish fields as business, research, new National Institute of Standards and to expand upon their oral statements, product development, engineering, Technology those who wish to speak but cannot be labor, education, management accommodated on the agenda, and those consulting, environment, and National Construction Safety Team who are unable to attend are invited to international relations. The primary Advisory Committee Meeting submit written statements electronically purpose of this meeting is for the VCAT AGENCY: National Institute of Standards by email to [email protected]. to review and make recommendations and Technology, Department of Anyone wishing to attend this regarding general policy for NIST, its Commerce. meeting via web conference must organization, its budget, and its ACTION: Notice of open meeting. programs within the framework of register by 5:00 p.m. Mountain Daylight applicable national policies as set forth SUMMARY: The National Construction Time, May 10, 2021. Please submit your by the President and the Congress. The Safety Team (NCST) Advisory full name, email address, and phone agenda will include an update on major Committee (Committee) will hold a number to Matt Briel at matthew.briel@ programs, safety, and the status of the virtual meeting via web conference on nist.gov. NIST Center for Neutron Research. It Thursday, June 10, 2021, from 11:00 Authority: 15 U.S.C. 272. will also include discussions on the a.m. to 3:30 p.m. Eastern Time and NIST budget and administration Friday, June 11, 2021, from 11:00 a.m. Alicia Chambers, priorities including sessions on to 3:30 p.m. Eastern Time. The primary NIST Executive Secretariat. continuing efforts to strengthen purpose of this meeting is to update the [FR Doc. 2021–09410 Filed 5–4–21; 8:45 am] diversity, equity, and inclusivity; NIST’s Committee on: The progress of the BILLING CODE 3510–13–P role in the American Jobs Plan; and NCST investigation focused on the

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impacts of Hurricane Maria on Puerto from previous NCST investigations, DATES: The meeting will be held on Rico and the implementation of including the Joplin tornado Wednesday, June 23, 2021 from 10:00 recommendations from previous NCST investigation. The agenda may change to a.m. until 5:00 p.m., Eastern Time, and investigations, including the Joplin accommodate Committee business. The Thursday, June 24, 2021 from 10:00 a.m. tornado investigation. The agenda may final agenda will be posted on the NIST until 5:00 p.m., Eastern Time. change to accommodate Committee website at https://www.nist.gov/topics/ ADDRESSES: The meeting will be a business. The final agenda will be disaster-failure-studies/national- virtual meeting via webinar. Please note posted on the NIST website at https:// construction-safety-team-ncst/advisory- admittance instructions under the www.nist.gov/topics/disaster-failure- committee-meetings. SUPPLEMENTARY INFORMATION section of studies/national-construction-safety- Individuals and representatives of this notice. team-ncst/advisory-committee-meetings. organizations who would like to offer FOR FURTHER INFORMATION CONTACT: Jeff DATES: The NCST Advisory Committee comments and suggestions related to Brewer, Information Technology will meet on Thursday, June 10, 2021, items on the Committee’s agenda for Laboratory, National Institute of from 11:00 a.m. to 3:30 p.m. Eastern this meeting are invited to request a Standards and Technology, Telephone: Time and Friday, June 11, 2021, from place on the agenda. Approximately (301) 975–2489, Email address: 11:00 a.m. to 3:30 p.m. Eastern Time. fifteen minutes will be reserved for [email protected]. public comments and speaking times ADDRESSES: The meeting will be held SUPPLEMENTARY INFORMATION: Pursuant will be assigned on a first-come, first- via web conference. For instructions on to the Federal Advisory Committee Act, served basis. Public comments can be how to participate in the meeting, as amended, 5 U.S.C. App., notice is provided via email or by web please see the SUPPLEMENTARY hereby given that the ISPAB will hold conference attendance. The amount of INFORMATION section of this notice. an open meeting Wednesday, June 23, time per speaker will be determined by FOR FURTHER INFORMATION CONTACT: 2021 from 10:00 a.m. until 5:00 p.m., the number of requests received. Maria Dillard, Disaster and Failure Eastern Time, and Thursday, June 24, Questions from the public will not be Studies Program, Engineering 2021 from 10:00 a.m. until 5:00 p.m. considered during this period. All those Laboratory, NIST. Maria Dillard’s email Eastern Time. All sessions will be open wishing to speak must submit their address is [email protected] and to the public. The ISPAB is authorized request by email to the attention of Peter her phone number is (202) 281–0908. by 15 U.S.C. 278g–4, as amended, and Gale at [email protected] by 5:00 p.m. SUPPLEMENTARY INFORMATION: The advises the National Institute of Eastern Time, Friday, June 4, 2021. Committee was established pursuant to Standards and Technology (NIST), the Speakers who wish to expand upon Section 11 of the NCST Act (Pub. L. Secretary of Homeland Security, and the their oral statements, those who wish to 107–231, codified at 15 U.S.C. 7301 et Director of the Office of Management speak but cannot be accommodated on seq.). The Committee is currently and Budget (OMB) on information the agenda, and those who are unable to composed of seven members, appointed security and privacy issues pertaining to attend are invited to submit written by the Director of NIST, who were Federal government information statements electronically by email to selected on the basis of established systems, including through review of records of distinguished service in their [email protected]. Anyone wishing to attend this proposed standards and guidelines professional community and their meeting via web conference must developed by NIST. Details regarding knowledge of issues affecting the register by 5:00 p.m. Eastern Time, the ISPAB’s activities are available at National Construction Safety Teams. Friday, June 4, 2021, to attend. Please https://csrc.nist.gov/projects/ispab. The Committee advises the Director of The agenda is expected to include the submit your full name, email address, NIST on carrying out the NCST Act; following items: and phone number to Peter Gale at reviews the procedures developed for [email protected]. —A Discussion with NIST on Critical conducting investigations; and reviews Software, the reports issued documenting Alicia Chambers, —A Briefing from NIST on Supply investigations. Background information NIST Executive Secretariat. Chain Risk Management Guidance, on the NCST Act and information on the [FR Doc. 2021–09409 Filed 5–4–21; 8:45 am] —A Briefing from DHS on Threat NCST Advisory Committee is available BILLING CODE 3510–13–P Information Sharing, at https://www.nist.gov/topics/disaster- —A Briefing from NIST on Zero Trust failure-studies/national-construction- Architectures, safety-team-ncst/advisory-committee. DEPARTMENT OF COMMERCE —A Briefing from GSA on a Federal Pursuant to the Federal Advisory Cloud Security Strategy, Committee Act, as amended, 5 U.S.C. National Institute of Standards and —A Discussion on Secure Software App., notice is hereby given that the Technology Development Practices, NCST Advisory Committee will meet on —A Discussion on Software Security Thursday, June 10, 2021, from 11:00 Open Meeting of the Information Testing Tools, a.m. to 3:30 p.m. Eastern Time and Security and Privacy Advisory Board —A Briefing on the Use of a Software Friday, June 11, 2021, from 11:00 a.m. AGENCY: National Institute of Standards Bill of Materials, to 3:30 p.m. Eastern Time. The meeting and Technology, Department of —Update on the NIST Information will be open to the public and will be Commerce. Technology Laboratory. held via web conference. Interested ACTION: Notice of open meeting. Note that agenda items may change members of the public will be able to without notice. The final agenda will be participate in the meeting from remote SUMMARY: The Information Security and posted on the ISPAB event page at: locations. The primary purpose of this Privacy Advisory Board (ISPAB) will https://csrc.nist.gov/Events/2021/ispab- meeting is to update the Committee on meet Wednesday, June 23, 2021 from june-meeting. the status of the NCST investigation 10:00 a.m. until 5:00 p.m., Eastern Time, Public Participation: Written focused on the impacts of Hurricane and Thursday, June 24, 2021 from 10:00 questions or comments from the public Maria on Puerto Rico and the a.m. until 5:00 p.m., Eastern Time. All are invited and may be submitted implementation of recommendations sessions will be open to the public. electronically by email to Jeff Brewer at

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the contact information indicated in the Management Reauthorization Act 5. CCC Committees FOR FURTHER INFORMATION CONTACT (MSA). 6. Public Comment section of this notice by 5 p.m. on June DATES: The meeting will begin at 1:30 7. Adjourn Day 2 21, 2021. p.m. Eastern Daylight Time (EDT) on Thursday, May 20, 2021—1:30 p.m.– The ISPAB agenda will include a Tuesday, May 18, 2021, recess at 5:30 5:30 p.m. EDT period, not to exceed thirty minutes, for p.m., reconvene at 1:30 p.m. EDT on submitted questions or comments from 1. Welcome Wednesday, May 19, 2021, recess at 2. Seafood Competitiveness, Marketing, the public (Wednesday, June 23, 2021, 5:30 p.m., and reconvene on the final between 4:30 p.m. and 5:00 p.m.). and Economic Growth day at 1:30 p.m. EDT, Thursday, May 3. Electronic Monitoring Submitted questions or comments from 20, 2021, adjourning at 5:30 p.m. the public will be selected on a first- 4. Policy and Procedural Directives on ADDRESSES: The meeting will be held come, first-served basis and limited to Guidance for Financial Disclosures online via WebEx. Attendees can find five minutes per person. and Recusals information on how to join at https:// Members of the public who wish to 5. Public Comment www.fisheries.noaa.gov/national/ expand upon their submitted 6. Wrap-up and Other Business partners/council-coordination- statements, those who had wished to 7. Adjourn Day 3 committee and http:// submit a question or comment but could The order in which the agenda items www.fisherycouncils.org/ccc-meetings. not be accommodated on the agenda, are addressed may be adjusted by the and those who were unable to attend the FOR FURTHER INFORMATION CONTACT: meeting Chair to stay on time. The CCC meeting via webinar are invited to Nicholas Pieper by email at will meet as late as necessary to submit written statements. In addition, [email protected] or at (301) complete scheduled business. 427–8500. written statements are invited and may Special Accommodations be submitted to the ISPAB at any time. SUPPLEMENTARY INFORMATION: The 2007 All written statements should be reauthorization of the MSA established If you have particular access needs directed to the ISPAB Secretariat, the CCC. The CCC consists of the chairs, please contact Nicholas Pieper at Information Technology Laboratory by vice chairs, and executive directors of [email protected] prior to the email to: [email protected]. each of the eight Regional Fishery meeting for accommodation. Admittance Instructions: All Management Councils, or their Dated: April 30, 2021. participants will be attending via respective proxies. All sessions are open Jennifer M. Wallace, to the public and time will be set aside webinar and must register on ISPAB’s Acting Director, Office of Sustainable event page at: https://csrc.nist.gov/ for public comments at the end of each Fisheries, National Marine Fisheries Service. day and after specific sessions at the Events/2021/ispab-june-meeting by 5 [FR Doc. 2021–09493 Filed 5–4–21; 8:45 am] p.m. Eastern Time, June 21, 2021. discretion of the meeting Chair. The meeting Chair will announce public BILLING CODE 3510–22–P Alicia Chambers, comment times and instructions to NIST Executive Secretariat. provide comment at the start of each DEPARTMENT OF COMMERCE [FR Doc. 2021–09407 Filed 5–4–21; 8:45 am] meeting day. Updates to this meeting BILLING CODE 3510–13–P and additional information will be National Oceanic and Atmospheric posted on https:// Administration www.fisheries.noaa.gov/national/ DEPARTMENT OF COMMERCE partners/council-coordination- [RTID 0648–XB044] committee and http:// Fisheries of the Gulf of Mexico and National Oceanic and Atmospheric www.fisherycouncils.org/ when Administration Atlantic; Southeast Data, Assessment, available. and Review (SEDAR); Public Meeting [RTID 0648–XB059] Proposed Agenda AGENCY: National Marine Fisheries Council Coordination Committee Tuesday, May 18, 2021—1:30 p.m.–5:30 Service (NMFS), National Oceanic and Meeting p.m. EDT Atmospheric Administration (NOAA), Commerce. AGENCY: National Marine Fisheries 1. Welcome and Introduction Service (NMFS), National Oceanic and 2. Approval of Agenda and Minutes ACTION: Notice of SEDAR 68 Assessment Atmospheric Administration (NOAA), 3. NMFS Update and Upcoming Webinar V for Gulf of Mexico and Commerce. Priorities Atlantic scamp grouper. 4. NMFS Fisheries Science Update ACTION: Notice of a public meeting; 5. Legislative Outlook SUMMARY: The SEDAR 68 assessment information regarding the agenda. 6. Integration of Endangered Species Act process of Gulf of Mexico and Atlantic Section 7 with MSA scamp will consist of a series of data SUMMARY: The National Marine 7. Public Comment and assessment webinars, and a Review Fisheries Service, Office of Sustainable 8. Adjourn Day 1 Workshop. See SUPPLEMENTARY Fisheries will host a virtual meeting of INFORMATION. the Council Coordination Committee Wednesday, May 19, 2021—1:30 p.m.– (CCC), consisting of the Regional 5:30 p.m. EDT DATES: The SEDAR 68 Assessment Fishery Management Council (Council) 1. Welcome Webinar V will be held May 24, 2021, chairs, vice chairs, and executive 2. Recent Executive Orders from 10 a.m. to 1 p.m., Eastern Time. directors from May 18 to May 20, 2021. 3. Offshore Wind Development ADDRESSES: The meeting will be held The intent of this meeting is to discuss 4. MSA National Standard1 Draft via webinar. The webinar is open to issues of relevance to the Councils and Technical Memorandum on members of the public. Those interested NMFS, including issues related to the managing with annual catch limits in participating should contact Julie A. implementation of the Magnuson- (ACLs) for data-limited stocks and Neer at SEDAR (see FOR FURTHER Stevens Fishery Conservation and update on working group products INFORMATION CONTACT) to request an

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invitation providing webinar access Although non-emergency issues not FOR FURTHER INFORMATION CONTACT: information. Please request webinar contained in this agenda may come Christopher M. Moore, Ph.D., Executive invitations at least 24 hours in advance before this group for discussion, those Director, Mid-Atlantic Fishery of each webinar. issues may not be the subject of formal Management Council, telephone: (302) SEDAR address: 4055 Faber Place action during this meeting. Action will 526–5255. Drive, Suite 201, North Charleston, SC be restricted to those issues specifically SUPPLEMENTARY INFORMATION: The 29405. identified in this notice and any issues purpose of this RSC meeting is to FOR FURTHER INFORMATION CONTACT: Julie arising after publication of this notice discuss redevelopment of the research A. Neer, SEDAR Coordinator; (843) 571– that require emergency action under set-aside program. In doing so, the RSC 4366; email: [email protected] section 305(c) of the Magnuson-Stevens will also discuss the outcomes of the SUPPLEMENTARY INFORMATION: The Gulf Fishery Conservation and Management March 2021 meeting, the Scientific and of Mexico, South Atlantic, and Act, provided the public has been Statistical Committee Economic Caribbean Fishery Management notified of the intent to take final action Working Group involvement, workshop Councils, in conjunction with NOAA to address the emergency. participants, and future workshop Fisheries and the Atlantic and Gulf Special Accommodations agendas. States Marine Fisheries Commissions The meeting is physically accessible Special Accommodations have implemented the Southeast Data, to people with disabilities. Requests for Assessment and Review (SEDAR) The meeting is physically accessible sign language interpretation or other process, a multi-step method for to people with disabilities. Requests for auxiliary aids should be directed to the determining the status of fish stocks in sign language interpretation or other Council office (see ADDRESSES the Southeast Region. SEDAR is a multi- ) at least 5 auxiliary aids should be directed to step process including: (1) Data business days prior to each workshop. Kathy Collins at the Mid-Atlantic Workshop, (2) a series of assessment Note: The times and sequence specified in Council Office, (302) 526–5253, at least webinars, and (3) A Review Workshop. this agenda are subject to change. 5 days prior to the meeting date. The product of the Data Workshop is a Authority: 16 U.S.C. 1801 et seq. Authority: 16 U.S.C. 1801 et seq. report that compiles and evaluates Dated: April 30, 2021. Dated: April 29, 2021. potential datasets and recommends Tracey L. Thompson, which datasets are appropriate for Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Acting Deputy Director, Office of Sustainable assessment analyses. The assessment Fisheries, National Marine Fisheries Service. webinars produce a report that describes Fisheries, National Marine Fisheries Service. [FR Doc. 2021–09502 Filed 5–4–21; 8:45 am] the fisheries, evaluates the status of the [FR Doc. 2021–09417 Filed 5–4–21; 8:45 am] BILLING CODE 3510–22–P stock, estimates biological benchmarks, BILLING CODE 3510–22–P projects future population conditions, and recommends research and DEPARTMENT OF COMMERCE monitoring needs. The product of the DEPARTMENT OF COMMERCE Review Workshop is an Assessment National Oceanic and Atmospheric National Oceanic and Atmospheric Summary documenting panel opinions Administration regarding the strengths and weaknesses Administration [RTID 0648–XA962] of the stock assessment and input data. [RTID 0648–XB061] Participants for SEDAR Workshops are Takes of Marine Mammals Incidental to Mid-Atlantic Fishery Management appointed by the Gulf of Mexico, South Specified Activities; Taking Marine Council (MAFMC); Public Meeting Atlantic, and Caribbean Fishery Mammals Incidental to Ferry Berth Management Councils and NOAA AGENCY: National Marine Fisheries Improvements in Tongass Narrows, Fisheries Southeast Regional Office, Service (NMFS), National Oceanic and Alaska HMS Management Division, and Atmospheric Administration (NOAA), Southeast Fisheries Science Center. AGENCY: National Marine Fisheries Commerce. Participants include data collectors and Service (NMFS), National Oceanic and database managers; stock assessment ACTION: Notice; public meeting. Atmospheric Administration (NOAA), scientists, biologists, and researchers; SUMMARY: The Mid-Atlantic Fishery Commerce. constituency representatives including Management Council’s Research ACTION: Notice; issuance of renewal fishermen, environmentalists, and Steering Committee (RSC) will hold a incidental harassment authorization. NGO’s; International experts; and staff meeting. of Councils, Commissions, and state and SUMMARY: In accordance with the federal agencies. DATES: The meeting will be held on regulations implementing the Marine The items of discussion during the Wednesday, June 2, 2021, beginning at Mammal Protection Act (MMPA), as Assessment Webinar are as follows: 9 a.m. and conclude by 12 p.m. For amended, notification is hereby given 1. Using datasets and initial agenda details, see SUPPLEMENTARY that NMFS has issued a Renewal assessment analysis recommended from INFORMATION. incidental harassment authorization the data webinars, panelists will employ ADDRESSES: The meeting will be held (IHA) to the Alaska Department of assessment models to evaluate stock via webinar. Details on the proposed Transportation and Public Facilities status, estimate population benchmarks agenda, webinar listen-in access, and (ADOT&PF) to incidentally harass and management criteria, and project briefing materials will be posted at the marine mammals incidental to Phase I future conditions. MAFMC’s website: www.mafmc.org. of the two-part ferry berth 2. Participants will recommend the Council address: Mid-Atlantic Fishery improvements and construction in most appropriate methods and Management Council, 800 N State Tongass Narrows, near Ketchikan, AK. configurations for determining stock Street, Suite 201, Dover, DE 19901; DATES: This authorization is effective status and estimating population telephone: (302) 674–2331; from date of issuance through February parameters. www.mafmc.org. 28, 2022.

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FOR FURTHER INFORMATION CONTACT: consider issuing a Renewal for this marine-mammal-protection/incidental- Dwayne Meadows, Ph.D., Office of activity, and requested public comment harassment-authorization-renewals. Protected Resources, NMFS, (301) 427– on a potential Renewal under those History of Request 8401. Electronic copies of the original circumstances. Specifically, on a case- application, Renewal request, and by-case basis, NMFS may issue a one- On March 1, 2020, NMFS issued two, supporting documents (including NMFS time one-year Renewal IHA following consecutive IHAs to ADOT&PF to take Federal Register notices of the original notice to the public providing an marine mammals incidental to Phase I proposed and final authorizations, and additional 15 days for public comments and II activity related to ferry berth the previous IHA), as well as a list of the when (1) up to another year of identical improvements and construction in references cited in this document, may or nearly identical activities as Tongass Narrows, near Ketchikan, AK be obtained online at: https:// described in the Detailed Description of (85 FR 673; January 7, 2020), the first www.fisheries.noaa.gov/permit/ Specific Activity section of the initial one (for Phase 1) effective from March incidental-take-authorizations-under- IHA issuance notice is planned or (2) 1, 2020 through February 28, 2021. On marine-mammal-protection-act. In case the activities as described in the December 28, 2020, NMFS received an of problems accessing these documents, Detailed Description of Specific Activity application for the Renewal of the initial please call the contact listed above. section of the initial IHA issuance Phase I IHA. As described in the SUPPLEMENTARY INFORMATION: notice would not be completed by the application for Renewal IHA, the time the initial IHA expires and a activities for which incidental take is Background Renewal would allow for completion of requested consist of activities that were The MMPA prohibits the ‘‘take’’ of the activities beyond that described in covered by the initial Phase I marine mammals, with certain the Dates and Duration section of the authorization but were not completed exceptions. Sections 101(a)(5)(A) and initial IHA issuance notice, provided all prior to its expiration. As required, the (D) of the MMPA (16 U.S.C. 1361 et of the following conditions are met: applicant also provided a preliminary seq.) direct the Secretary of Commerce (1) A request for renewal is received monitoring report (available at https:// (as delegated to NMFS) to allow, upon no later than 60 days prior to the needed www.fisheries.noaa.gov/action/ request, the incidental, but not Renewal IHA effective date (recognizing incidental-take-authorization-alaska- intentional, taking of small numbers of that the Renewal IHA expiration date department-transportation-ferry-berth- marine mammals by U.S. citizens who cannot extend beyond one year from improvements) which confirms that the engage in a specified activity (other than expiration of the initial IHA); applicant has implemented the required commercial fishing) within a specified (2) The request for renewal must mitigation and monitoring, and which geographical region if certain findings include the following: also shows that no impacts of a scale or are made and either regulations are • An explanation that the activities to nature not previously analyzed or proposed or, if the taking is limited to be conducted under the requested authorized have occurred as a result of harassment, a notice of a proposed Renewal IHA are identical to the the activities conducted. The notice of incidental take authorization is activities analyzed under the initial the proposed Renewal incidental provided to the public for review. IHA, are a subset of the activities, or harassment authorization was published Authorization for incidental takings include changes so minor (e.g., on March 5, 2021 (86 FR 12918). shall be granted if NMFS finds that the reduction in pile size) that the changes Description of the Specified Activities taking will have a negligible impact on do not affect the previous analyses, and Anticipated Impacts the species or stock(s) and will not have mitigation and monitoring an unmitigable adverse impact on the requirements, or take estimates (with ADOT&PF’s planned construction availability of the species or stock(s) for the exception of reducing the type or activities includes a subset of the work taking for subsistence uses (where amount of take); and activities under the 2020 initial IHA relevant). Further, NMFS must prescribe • A preliminary monitoring report (Phase I) on the ferry berths in Tongass the permissible methods of taking and showing the results of the required Narrows. The project is comprised of other ‘‘means of effecting the least monitoring to date and an explanation four permanent project components, practicable adverse impact’’ on the showing that the monitoring results do identical to those described in the initial affected species or stocks and their not indicate impacts of a scale or nature IHA: New Revilla ferry berth, new habitat, paying particular attention to not previously analyzed or authorized; Gravina Island Shuttle Ferry Berth and rookeries, mating grounds, and areas of and Terminal Improvements, Gravina similar significance, and on the (3) Upon review of the request for Airport Ferry Layup Facility, and the availability of such species or stocks for Renewal, the status of the affected Gravina Freight. taking for certain subsistence uses species or stocks, and any other This project will improve the (referred to here as ‘‘mitigation pertinent information, NMFS reliability of the transportation system measures’’). Monitoring and reporting of determines that there are no more than as well as access to Gravina Island and such takings are also required. The minor changes in the activities, the Ketchikan International Airport. This meaning of key terms such as ‘‘take,’’ mitigation and monitoring measures renewal authorization allows the ‘‘harassment,’’ and ‘‘negligible impact’’ will remain the same and appropriate, completion of Phase I activities beyond can be found in section 3 of the MMPA and the findings in the initial IHA the initial IHA’s expiration, February (16 U.S.C. 1362) and the agency’s remain valid. 28, 2021. regulations at 50 CFR 216.103. An additional public comment period ADOT&PF’s renewal request initially NMFS’ regulations implementing the of 15 days (for a total of 45 days), with included one minor change to the MMPA at 50 CFR 216.107(e) indicate direct notice by email, phone, or postal specified activity described in the initial that IHAs may be renewed for service to commenters on the initial IHA (other than the removal of the additional periods of time not to exceed IHA, is provided to allow for any activities that have already been 1 year for each reauthorization. In the additional comments on the proposed completed), specifically, the request notice of proposed IHA for the initial Renewal. A description of the Renewal described a higher maximum number of authorization, NMFS described the process may be found on our website at: piles that may be installed per day via circumstances under which we would www.fisheries.noaa.gov/national/ impact and vibratory driving (up from a

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max of three to eight piles). Following initial IHA (though impacts are thought designated work was only conducted on consideration of comments from the to be less, given the small size of the 56 of the estimated 101 days of the Marine Mammal Commission (MMC) holes, which are 6–8 inches, as opposed initial IHA. ADOT&PF installed 11 during the public comment period as to the smallest 24-in rock socket). Take temporary piles (of which one has discussed below, we determined that in the initial IHA and Renewal IHA is already been removed) and 41 the request to increase the number of estimated based on days of in-water permanent piles over approximately 23 piles that may be installed per day via work. Some of the driving days used to construction days in 2020. As of the impact and vibratory driving from a max calculate take in the initial IHA submission of their Renewal request, of three to eight piles does not meet the included DTH for tension anchors, but ADOT&PF expected to drive pile for 40 requirements of a Renewal IHA where DTH drilling of tension anchors more days and complete installation of described above and ADOT&PF may occur on days without other 27 24-inch trestle piles, 5 24-inch bridge withdrew their request to make this driving, driving days have been added abutment piles, 15 24-inch floating change on April 16, 2021. in the Renewal. Nonetheless, the total fender dolphin piles, 27 remaining sheet As described in the proposed days of driving under the Renewal are piles, and 10 30-inch steel float piles for Renewal, we noted a small increase in still fewer than the total days of driving the Revilla New Ferry Berth and Upland the number of days of temporary pile under the initial IHA, tension anchor Improvements between January 4 and driving work that it took to complete the driving activity was discussed in the February 28, 2021 under the 2020 initial work that occurred at one site under the initial IHA, quantitatively the impacts IHA. initial IHA. However, that change does on marine mammals under the Renewal As of February 2, 2021, the following not affect or change the previous are less than those from the rock socket work remains to be completed during analysis of the temporary pile driving DTH under the initial IHA, and the the one-year 2021 Renewal IHA: work to be conducted at the remaining mitigation for DTH remains the same Installation of 192 piles, 73 rock sockets, three sites under this Renewal. and appropriate. and 78 tension anchors and installation Regarding the analysis of impacts, In summary, the activity is identical (38) and removal (40) of temporary NMFS identified two changes in NMFS’ to the initial IHA and includes four piles. This work is expected to take no recommended methods (not the methods of pile installation: Vibratory more than 90 days of in-water piling applicant’s activity) since the initial and impact hammers, DTH holes activities. Although some work may IHA that neither change the created for rock sockets for the piles and have been completed between February determinations nor change the take smaller DTH holes for the installation of 2 and the expiration of the initial IHA estimates in a manner such that they tension anchors at some locations (see (February 28), the applicant requested exceed those analyzed and authorized Tables 1 and 2). Moreover, Phase II authorization for the work remaining as by the initial IHA. First, as noted by the activities will only begin upon the of February 2 outlined in Tables 1 and MMC during the public comment period completion of Phase I, as stated in the 2. The Renewal IHA will be effective (see below), NMFS has updated its 2020 initial IHA and proposed renewal through February 28, 2022. analytical method for assessing the (so there will be no overlap between the The effects of DTH driving were fully impacts of down-the-hole (DTH) pile remaining Phase I activities under the assessed in the initial IHA. At the time installation since the initial IHA was Renewal IHA and the Phase II the initial IHA analysis was conducted, issued and newer methods were not activities). the DTH driving of the relatively smaller applied in the proposed Renewal. While The amount of take requested for the holes for tension anchors was described, applying the alternative method would Renewal IHA reflects the amount of but was not anticipated to produce result in somewhat larger Level A remaining work under Phase I, the sound levels that would result in the harassment zones, as described below, a methods in the initial IHA (which incidental take of marine mammals. re-analysis of this activity under the remain appropriate for this Renewal), However, NMFS’ consideration of new alternative approach is not necessary or and consideration of marine mammal monitoring data from the White Pass & warranted in this situation, and monitoring data from the 2020 Yukon Route project (Reyff, 2020) now therefore does not affect the analysis or construction activities indicating suggests that sound levels from the DTH findings from the initial IHA or the detection of notably fewer marine driving of the 6 to 8-inch holes for these Renewal conditions being met. mammals within harassment zones than particular structures may be high Second, as previously described in were authorized to be taken in the enough to result in take, and the take the proposed Renewal, the driving of initial IHA. The potential effect of estimate in this Renewal considers this, DTH holes for one of the structures ADOT&PF’s activities is to take a small as described above. (tension anchors) utilized in the number of eight species of marine Regarding the number of days of applicant’s activity and described in the mammals (Steller sea lion, harbor seal, temporary pile driving, the initial IHA initial IHA, was initially assessed by the harbor porpoise, Dall’s porpoise, Pacific application specified 7–11 total days of applicant and NMFS as unlikely to white-sided dolphin, killer whale, temporary pile driving would be needed result in the take of marine mammals humpback whale, and minke whale) by to complete all projects during Phase I. because of the size of the holes, which Level B harassment and three (harbor The temporary pile driving at the are smaller than the holes for the seal, harbor porpoise, and Dall’s Revilla New Ferry Berth required 7 structures specifically associated with porpoise), by Level A harassment days, instead of the 2–3 days listed in take in the initial IHA (rock sockets). incidental to underwater noise resulting the IHA application, because of However, new sound source from construction associated with the subsurface boulders and weather measurement data indicate source levels planned activities. conditions. It is expected that, therefore, from DTH driving of tension anchors more total days than initially high enough to potentially result in the Detailed Description of the Activity anticipated will be needed to complete take of marine mammals. Accordingly, As discussed earlier, this is a Renewal the temporary pile driving over the take from DTH driving of tension to complete the subset of the activity not entire Phase I period. However, the anchors is appropriately characterized completed under the initial IHA (85 FR renewal application describes 5–8 days and quantified the same as the DTH 673; January 7, 2020). Due to of temporary pile installation to driving for rock sockets addressed in the construction schedule delays, complete the three remaining

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component projects, which is identical with the indicated mitigation for the initial IHA (i.e., the IHA application, to what was described in the initial IHA. DTH driving of 24-in piles applied to proposed IHA, final IHA, public Considering the information above, DTH driving of the smaller tension comments, monitoring reports, etc.) can the total number of days of pile driving anchors. A detailed description of the be found on NMFS’s website, https:// remaining (90) under the Renewal IHA construction activities may be found in www.fisheries.noaa.gov/action/ is still fewer than included in the initial the notices of the proposed (84 FR incidental-take-authorization-alaska- IHA (101). 34134; July 17, 2019) and final initial department-transportation-ferry-berth- The mitigation and monitoring will be IHAs (85 FR 673; January 7, 2020). All improvements. identical to that of the 2020 initial IHA, documents associated with the 2020 TABLE 1—PERMANENT PILE DETAILS AND ESTIMATED EFFORT REQUIRED FOR PILE INSTALLATION DURING 2021 RENEWAL

Average strikes Average per Average Average Number of Number of Number of vibratory pile for DTH Impact duration piles per Days of Project component/pile type piles rock sockets tension duration for rock strikes per (minutes) day installation anchors per pile sockets and pile per pile for (range) (minutes) tension vibratory anchors

Revilla New Ferry Berth and Upland Improvements: 24″ Pile Diameter ...... 15 0 12 30 N/A 200 30 1.5 (1–3) 36 30″ Pile Diameter ...... 2 0 14 30 N/A 200 30 1.5 (1–3) 12 30″ Sheet Pile ...... 0 Completed ...... New Gravina Island Shuttle Ferry Berth/Related Terminal Improvements: 24″ Pile Diameter...... 65 52 25 15 25,000 50 15 1.5 (1–3) 44 30″ Pile Diameter ...... 8 4 4 15 25,000 50 15 1.5 (1–3) 5 27.6″ Sheet Pile...... 74 N/A N/A 15 N/A N/A 15 6 (6–12) 12 Gravina Airport Ferry Layup Fa- cility: 18″ Pile Diameter ...... 3 0 0 15 N/A 50 15 1.5 (1–3) 2 30″ Pile Diameter...... 12 12 10 15 25,000 50 15 1.5 (1–3) 8 Gravina Freight Facility: 20″ Pile Diameter ...... 6 0 6 15 N/A 50 15 1.5 (1–3) 4 24″ Pile Diameter ...... 3 3 3 ...... 25,000 50 15 1.5 (1–3) 2 30″ Pile Diameter ...... 4 2 4 15 25,000 50 15 1.5 (1–3) 3

Phase I total ...... 192 73 78 ...... a 128 a Identically to the initial IHA, the assumption that two pieces of equipment are to be used concurrently on 30 percent of planned driving days reduces in-water construction to 90 days.

TABLE 2—NUMBERS OF TEMPORARY PILES PLANNED TO BE INSTALLED AND REMOVED FOR EACH PROJECT COMPONENT IN 2021

Average Average vibratory duration vibratory Number of per pile duration Days of Days of Project component temporary for installation per pile for installation removal Piles per day piles (minutes) removal (minutes)

Revilla New Ferry Berth 8 0-currently installed ...... 15 0 ...... 2 to 3 ...... 4 to 6 and Upland Improve- ments. New Gravina Island Shuttle 12 15 ...... 15 2 to 3 ...... 2 to 3 ...... 4 to 6 Ferry Berth/Related Ter- minal Improvements. Gravina Airport Ferry Layup 8 15 ...... 15 1 to 2 ...... 0.75 to 2 ...... 4 to 6 Facility. Gravina Freight Facility ...... 12 15 ...... 15 2 to 3 ...... 2 to 3 ...... 4 to 6

Total ...... 40 480 (8 hrs) ...... 600 (10 hrs) 5–8 ...... 7–11 ......

Description of Marine Mammals IHAs for the initial authorization. NMFS Transient and Northern Resident Killer has reviewed the monitoring data from whale stocks and Steller sea lion Eastern A description of the marine mammals the initial IHA, recent draft Stock in the area of the activities for which U.S. stock have increased slightly, take is authorized here, including Assessment Reports (SARs), information whereas the Clarence Strait harbor seal information on abundance, status, on relevant Unusual Mortality Events, stock decreased slightly. However, we distribution, and hearing, may be found and other scientific literature. As have determined that neither the above, in the Federal Register notices of the discussed in the notice of the proposed nor any other new information, affects proposed (84 FR 34134; July 17, 2019) renewal, the 2020 SARs indicated the which species or stocks have the and final (85 FR 673; January 7, 2020) estimated abundance of the West Coast potential to be affected or the pertinent

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information in the Description of the to date does not contradict the original from DTH driving of these structures is Marine Mammals in the Area of take calculations or indicate impacts of calculated identically to that of the 24- Specified Activities sections contained a scale or nature not previously inch DTH driving (though the holes and in the supporting documents for the analyzed or authorized. impacts are smaller), the number of total initial IHA. Estimated Take driving days (90) is fewer than the initial IHA (101), and the authorized Potential Effects on Marine Mammals A detailed description of the methods and Their Habitat take does not exceed that included in and inputs used to estimate take for the the initial IHA. Similarly, the stocks A description of the potential effects specified activity are found in the taken, methods of take, and types of take of the specified activity on marine Federal Register notices of the proposed remain unchanged from the previously mammals and their habitat for the (84 FR 34134; July 17, 2019) and final issued IHA. activities for which take is authorized (85 FR 673; January 7, 2020) IHAs for may be found in the Federal Register the initial authorization. Specifically, The rationale and take estimates notices of the proposed (84 FR 34134; the days of operation, and marine presented in the initial proposed IHA July 17, 2019) and Final (85 FR 673; mammal density/occurrence data (which were based on the likelihood of January 7, 2020) IHAs for the initial applicable to this authorization remain an individual or group entering the area authorization. NMFS has reviewed the unchanged from the previously issued some number of times during the monitoring data from the initial IHA, IHA, with the exception of the fact that activity, as opposed to being based on recent draft SARs, information on there are fewer days of operation since a species’ density) remain applicable relevant Unusual Mortality Events, and this activity is a subset of that covered (Table 3). Further, the marine mammal other scientific literature, and in the initial IHA. Only the inclusion of detections reported in the preliminary determined that neither this nor any the DTH driving of tension anchors monitoring report, which were very low other new information affects our initial (which was described in the initial IHA) as compared to the number authorized analysis of impacts on marine mammals as a potential source of take has in relation to the activities conducted, and their habitat. The applicant changed, but this is not outside the do not suggest impacts of a scale or submitted the required preliminary scope of what was previously analyzed nature not previously analyzed or monitoring results and the monitoring in the initial IHA. Specifically, the take authorized.

TABLE 3—TAKE NUMBERS TO BE AUTHORIZED BY SPECIES/STOCK

Total Estimated Estimated estimated number of number of exposures Species DPS/stock exposures exposures to (level A and to level B level A level B harassment harassment harassment)

Steller sea lion ...... Eastern DPS ...... 1,800 0 1,800 Harbor seal ...... Clarence Strait ...... 765 18 783 Harbor porpoise ...... Southeast Alaska ...... 109 15 124 Dall’s porpoise ...... Alaska ...... 317 15 332 Pacific white-sided dolphin ...... North Pacific ...... 92 0 92 Killer whale ...... Alaska Resident ...... 144 0 144 Northern Resident ...... West Coast Transient ...... Humpback whale 1 ...... Hawaii DPS ...... 238 0 238 Mexico DPS ...... 15 0 15 Minke whale ...... Alaska ...... 7 0 7 Note: DPS = distinct population segment. 1 Assumes that 6.1 percent of humpback whales exposed are members of the Mexico DPS (Wade et al. 2016).

Description of Mitigation, Monitoring 34134; July 17, 2019) and issuance of procedures, marine mammal monitoring and Reporting Measures the initial IHA remains accurate. As protocol, and operational procedures; noted previously, the applicant • For in-water heavy machinery work The mitigation, monitoring, and withdrew the request to increase the other than pile driving/removal and reporting measures included as maximum number of piles per day from drilling (e.g., use of barge-mounted requirements in this authorization are three to eight, so the discussion of excavators, or dredging), if a marine identical to those included in the increased Level A zones in the proposed mammal comes within 10 m, operations Federal Register notice announcing the Renewal no longer applies. must cease and vessels must reduce issuance of the initial IHA (with minor speed to the minimum level required to clarifications on DTH terminology and Mitigation Measures maintain steerage and safe working applicability of terms to DTH driving conditions. This type of work could The following measures are included where it was previously unclear), and include the following activities: (1) in this renewal: the same mitigation identified for DTH Movement of the barge to the pile drilling of 24-inch rock sockets will be • Conduct briefings between location; or (2) positioning of the pile on applied to the DTH driving of the construction supervisors and crews and the substrate via a crane (i.e., stabbing smaller (6–8-inch) tension anchors. The the monitoring team prior to the start of the pile); discussion of the least practicable all pile driving activity, and when new • Work must only occur during adverse impact included in the notices personnel join the work, to explain daylight hours, when visual monitoring of the proposed initial IHA (84 FR responsibilities, communication of marine mammals can be conducted;

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• For any marine mammal species for ADOT&PF will establish a shutdown Table 4). The placement of protected which take by Level B harassment has zone. The purpose of a shutdown zone species observers (PSOs) during all pile not been requested or authorized, in- is generally to define an area within driving, pile removal, and drilling water pile installation/removal and which shutdown of activity would activities will ensure that the entire drilling will shut down immediately occur upon sighting of a marine shutdown zone is visible during pile when the animals are sighted; and mammal within the zone (or in installation. • If take by Level B harassment anticipation of an animal entering the reaches the authorized limit for an defined area). Shutdown zones will vary The shutdown zones shown in Table authorized species, pile installation will based on the activity type, marine 4 apply when a single piece of be stopped as these species approach mammal hearing group, and in the case equipment is in use. In addition, the Level B harassment zone to avoid of impact pile driving, additional details ADOT&PF will implement a shutdown additional take of them. about the activity including the zone of 100 m for each vibratory Establishment of Shutdown Zone for expected number of pile strikes hammer on days when it is anticipated Level A Harassment—For all pile required, size of the pile, and number of that multiple vibratory hammers will be driving/removal and DTH activities, piles to be driven during that day (See used. TABLE 4—SHUTDOWN ZONES DURING USE OF A SINGLE PIECE OF EQUIPMENT

Piles Level B Shutdown distances Pile or hole size Minutes per pile or installed or harassment (m) Activity (inches) strikes per pile removed per isopleth day (m) LF MF HF PW OW

Vibratory Installation ...... 30 ...... 30 min ...... 3 6,310 50 24, 18 ...... 30 min ...... 3 5,420 27.6 sheet pile, 30.3 15 min ...... 10 4,650 sheet pile. Vibratory Removal ...... 24, 16 ...... 30 min ...... 5 5,420

DTH Rock Sockets and 30 ...... 25,000 strikes...... 3 12,030 70 50 60 50 50 Tension Anchors. 24, 8 ...... 25,000 strikes ...... 3 ...... 60 50 50 50 50 Impact Installation ...... 30 ...... 50 strikes ...... 3 2,160 250 50 250 150 50 2 ...... 200 ...... 200 100 ...... 1 ...... 100 ...... 150 100 ...... 200 strikes...... 3 ...... 550 ...... 650 300 ...... 2 ...... 400 ...... 500 250 ...... 1 ...... 300 ...... 300 150 ...... 24 ...... 50 strikes ...... 3 1,000 150 ...... 150 100 ...... 2 ...... 100 ...... 150 50 ...... 1 ...... 100 ...... 100 50 ...... 200 strikes...... 3 ...... 300 ...... 350 200 ...... 2 ...... 250 ...... 300 150 ...... 1 ...... 150 ...... 200 100 ...... 18 ...... 50 strikes ...... 3 ...... 150 ...... 150 100 ...... 2 ...... 100 ...... 150 50 ...... 1 ...... 100 ...... 100 50 ......

Establishment of Monitoring Zones for harassment zone will be monitored and On days when multiple pieces of Level B Harassment—ADOT&PF will implemented according to pile size, equipment that produce continuous establish monitoring zones (see Table 3 type, and installation method. The noise are used simultaneously, source of the initial final IHA and proposed largest Level B harassment zone extends levels will be determined as shown in Renewal IHA), based on the Level B to a radius of 12,023 m in at least one Table 9, Table 10, Table 11, and Table harassment zones which are areas where direction up or down Tongass Narrows 12 of the initial final IHA (85 FR 673; sound pressure levels (SPLs) are equal when a single piece of driving January 7, 2020) with the resulting to or exceed the 160 dB rms (decibel equipment is being utilized, making it harassment zones being defined in root mean square) threshold for impact impracticable for the PSOs to Table 4 of the final initial IHA and driving and the 120 dB rms threshold consistently view the entire harassment proposed Renewal IHA. The calculated during vibratory driving, vibratory area. Due to this, detections of source level will be used to determine removal, and DTH. Monitoring zones exposures above the Level B harassment the Level B harassment monitoring thresholds will be recorded and takes zones in accordance with values provide utility for observing marine will be estimated based upon the depicted in Table 14 of the initial final mammals by establishing monitoring number of these observed detections IHA (85 FR 673; January 7, 2020). The protocols for areas adjacent to the and the percentage of the Level B assumption stands that a minimum of shutdown zones. Monitoring zones harassment zone that was not visible. two pieces of equipment will be used on enable observers to be aware of and When two or more pieces of 30 percent of construction days; communicate the presence of marine equipment are used simultaneously, and therefore, decreasing the total number of mammals in the project area outside the the noise they produce is not pile installation days from 128 to 90 shutdown zone and thus prepare for a continuous or is a combination of days as well as the number of days potential halt of activity should the continuous and impulsive, Table 4, when the Level B harassment zone size animal enter the shutdown zone. On above, will be followed to define the could exceed 12,023 m. days and at times when a single piece Level A and Level B harassment Soft Start—The use of a soft-start of pile installation or removal monitoring zones for each piece of procedure provides additional equipment will be used, the Level B equipment. protection to marine mammals by

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providing warning and/or giving marine project components, Revilla New Ferry record all incidents of marine mammal mammals a chance to leave the area Berth and Upland Improvements, occurrence), and shall document any prior to the hammer operating at full Gravina Airport Ferry Layup Facility, behavioral reactions in concert with capacity. For impact pile driving, and Revilla Refurbish Existing Ferry distance from piles being driven or contractors will be required to provide Berth Facility, with no in-water work removed. Pile driving activities include an initial set of strikes from the hammer occurring between March 1 and June 15. the time to install or remove a single at reduced percent energy, each strike Implementation of this timing window pile or series of piles, as long as the time followed by no less than a 30-second will likely reduce exposure/take of elapsed between uses of the pile driving waiting period. This procedure will be marine mammals to levels below what equipment is no more than 30 minutes. conducted a total of three times before has been predicted, because some There will be at least one PSO present impact pile driving begins. Soft Start is project locations will be able to install at or near each construction site during not required during vibratory pile piles when other locations may not. in-water pile installation and removal so driving and removal activities. If a Based on our evaluation of the that all Level A harassment zones and marine mammal is present within the applicant’s required measures NMFS shutdown zones are monitored by a Level A harassment zone, soft start will has determined that the mitigation dedicated PSO at all times. PSOs will be delayed until the animal leaves the measures provide the means of effecting not perform duties for more than 12 Level A harassment zone. Soft start will the least practicable impact on the hours in a 24-hour period. PSOs will be begin only after the PSO has affected species or stocks and their land-based observers, positioned at the determined, through sighting, that the habitat, paying particular attention to best practical vantage points. At least animal has moved outside the Level A rookeries, mating grounds, and areas of one other PSO for each active worksite harassment zone or has not been similar significance. will begin at the central worksite and observed for 15 minutes. If a marine travel along the Tongass Narrows until mammal is present in the Level B Monitoring and Reporting they have reached the edges of the harassment zone, soft start may begin Monitoring and reporting monitoring zones, based on the Level B and a take by Level B harassment will requirements prescribed by NMFS harassment zones. These PSOs will then be recorded. Soft start up may occur should contribute to improved monitor the edges of the monitoring when these species are in the Level B understanding of one or more of the zone and as much as possible of the rest harassment zone, whether they enter the following: of the monitoring zone, looking for Level B harassment zone from the Level • Occurrence of marine mammal animals entering the Level B harassment A harassment zone or from outside the species or stocks in the area in which zone. If waters exceed a sea state that project area. take is anticipated (e.g., presence, restricts the PSO’s ability to make Pre-Activity Monitoring—Prior to the abundance, distribution, density); observations within the Level A start of daily in-water construction • Nature, scope, or context of likely harassment zones (e.g., excessive wind activity, or whenever a break in pile marine mammal exposure to potential or fog), pile installation and removal driving of 30 minutes or longer occurs, stressors/impacts (individual or must cease. Pile driving must not be re- the PSO will observe the shutdown and cumulative, acute or chronic), through initiated until the entire relevant Level monitoring zones for a period of 30 better understanding of: (1) Action or A harassment zones are visible. minutes. The shutdown zone will be environment (e.g., source When combinations of one DTH cleared when a marine mammal has not characterization, propagation, ambient hammer with a vibratory hammer, two been observed within the zone for that noise); (2) affected species (e.g., life DTH hammers, or two DTH hammers 30-minute period. If a marine mammal history, dive patterns); (3) co-occurrence with a vibratory hammer are used is observed within the shutdown zone, of marine mammal species with the simultaneously, creating a Level B a soft-start cannot proceed until the action; or (4) biological or behavioral harassment zone that is greater than animal has left the zone or has not been context of exposure (e.g., age, calving or 12,023 m in radius, one additional PSO observed for 15 minutes. If the Level B feeding areas); (at least two total) will be stationed at harassment zone has been observed for • Individual marine mammal the northernmost land-based location at 30 minutes and marine mammals are responses (behavioral or physiological) the entrance to Tongass Narrows. One not present within the zone, soft start to acoustic stressors (acute, chronic, or PSO will focus on Tongass Narrows, procedures can commence and work cumulative), other stressors, or specifically watching for marine can continue even if visibility becomes cumulative impacts from multiple mammals that could approach or enter impaired within the Level B harassment stressors; Tongass Narrows and the project area. zone. When a marine mammal • How anticipated responses to The second PSO will look out into permitted for take by Level B stressors impact either: (1) Long-term Clarence Strait, watching for marine harassment is present in the Level B fitness and survival of individual mammals that could swim through the harassment zone, piling activities may marine mammals; or (2) populations, ensonified area. This monitoring begin and take by Level B harassment species, or stocks; requirement for concurrent driving will be recorded. As stated above, if the • Effects on marine mammal habitat scenarios was not included in the entire Level B harassment zone is not (e.g., marine mammal prey species, proposed initial IHA, but was included visible at the start of construction, piling acoustic habitat, or other important in the final initial IHA. No additional or drilling activities can begin. If work physical components of marine PSOs will be required at the southern- ceases for more than 30 minutes, the mammal habitat); and most monitoring location because the pre-activity monitoring of both the Level • Mitigation and monitoring Level B harassment zones are truncated B harassment and shutdown zone will effectiveness. to the southeast by islands, which commence. prevent propagation of sound in that Timing Restrictions—ADOT&PF plans Visual Monitoring direction beyond the confines of to implement the Essential Fish Habitat Monitoring would be conducted 30 Tongass Narrows. Takes by Level B (EFH) Conservation Recommendations minutes before, during, and 30 minutes harassment will be recorded by PSOs developed by NMFS. These include a no after pile driving/removal and drilling and extrapolated based upon the in-water work timing window for three activities. In addition, observers shall number of observed takes and the

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percentage of the Level B harassment Reporting an injured or dead marine mammal, zone that was not visible. NMFS is requiring that ADOT&PF ADOT&PF shall report the incident to With this configuration, PSOs can submit a preliminary marine mammal the Office of Protected Resources, NMFS have a full view of the Level A monitoring report for the work covered and to the Alaska Regional Stranding harassment zone and awareness of as under the initial IHA and this renewal Coordinator as soon as feasible. The much of the Level B harassment zone as at least 4 months prior to beginning the report must include the following information: possible. This monitoring will provide work covered under their second IHA, • information on marine mammal referred to as Phase II (85 FR 673; Time, date, and location (latitude/ occurrence within Tongass Narrows and January 7, 2020). This preliminary longitude) of the first discovery (and how these marine mammals are report must contain all items that would updated location information if known and applicable); impacted by pile installation and be included in the draft final report (see • removal. below). This will allow NMFS to assess Species identification (if known) or the impact of the activities relative to description of the animal(s) involved; All PSOs will be trained in marine • Condition of the animal(s) the analysis presented here, and modify mammal identification and behaviors (including carcass condition if the the IHA for Phase II if the preliminary and are required to have no other animal is dead); monitoring report shows unforeseen project-related tasks while conducting • Observed behaviors of the impacts on marine mammals in the area. monitoring. In addition, monitoring will animal(s), if alive; be conducted by qualified observers, If needed, NMFS will publish an • If available, photographs or video who will be placed at the best vantage amended proposed IHA, describing any footage of the animal(s); and point(s) practicable to monitor for changes but referencing the original IHA • General circumstances under which marine mammals and implement for Phase II, and include an opportunity the animal was discovered. shutdown/delay procedures when for the public to comment on the Public Comments applicable by calling for the shutdown amended proposed authorization. to the hammer operator. Qualified In addition to the preliminary A notice of NMFS’ proposal to issue observers are trained and/or monitoring report discussed above, a Renewal IHA to ADOT&PF was experienced professionals, with the separate draft marine mammal published in the Federal Register on following minimum qualifications: monitoring reports must be submitted to March 5, 2021 (86 FR 12918). That NMFS within 90 days after the • Independent observers (i.e., not notice either described, or referenced completion of both Phase I and Phase II construction personnel); descriptions of, the ADOT&PF’s activity, pile driving, pile removal, and drilling the marine mammal species that may be • Observers must have their activities. These reports will include an affected by the activity, the anticipated Curriculum Vitae/resumes submitted to overall description of work completed, effects on marine mammals and their and approved by NMFS; a narrative regarding marine mammal habitat, proposed amount and manner • Advanced education in biological sightings, and associated PSO data of take, and proposed mitigation, science or related field (i.e., sheets. Specifically, the reports must monitoring and reporting measures. undergraduate degree or higher). include: NMFS received a comment letter from • Observers may substitute experience or Date and time that monitored the MMC. A summary of the comments training for education; activity begins and ends; • and our responses are provided below, • Experience and ability to conduct Construction activities occurring and the comment letter is available during each daily observation period; field observations and collect data • online at https:// according to assigned protocols (this Weather parameters (e.g., percent www.fisheries.noaa.gov/action/ may include academic experience); cover, visibility); incidental-take-authorization-alaska- • Water conditions (e.g., sea state, • department-transportation-ferry-berth- At least one observer must have tide state); prior experience working as an observer; • Species, numbers, and, if possible, improvements. Comment: The Commission • Experience or training in the field sex and age class of marine mammals; identification of marine mammals, • Description of any observable recommended that NMFS deny including the identification of marine mammal behavior patterns, ADOT&PF’s request to renew its IHA for behaviors; including bearing and direction of travel Phase I activities, based on its assessment that the renewal issuance • Sufficient training, orientation, or and distance from pile driving activity; • Distance from pile driving/removal criteria were not met. First, they assert experience with the construction that the renewal request was not operation to provide for personal safety activities to marine mammals and distance from the marine mammals to received 60 days prior to when the during observations; renewal is needed, as required, noting • the observation point; Writing skills sufficient to prepare a • Locations of all marine mammal that while we indicated that ADOT&PF report of observations including but not observations; and requested their renewal on December limited to the number and species of • An estimate of total take based on 28, we posted materials dated January marine mammals observed; dates and proportion of the monitoring zone that 12. Second, they assert that the request times when in-water construction was observed. did not meet the requirement that any activities were conducted; dates, times, If no comments are received from changes in the activity are minor, and reason for implementation of NMFS within 30 days, that phase’s draft specifically noting the applicant’s mitigation (or why mitigation was no final report will constitute the final change to the activity from 3 piles/day implemented when required); and report. If comments are received, a final to 8 piles/day, and also a change in marine mammal behavior; and report for the given phase addressing NMFS’ general approach to analyzing • Ability to communicate orally, by NMFS comments must be submitted Level A harassment for DTH piling (i.e., radio or in person, with project within 30 days after receipt of considering it an impulsive source), and personnel to provide real-time comments. further suggesting that the required information on marine mammals In the event that personnel involved mitigation and PSOs would be observed in the area as necessary. in the construction activities discover inadequate given the increased zones.

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Third, the MMC asserted that the has no more than minor changes, and conducted. Regarding the MMC’s requirement that preliminary the absence of new information comment that ADOT&PF was required monitoring results do not indicate suggesting impacts of a nature or scale to extrapolate take based on the unseen impacts of a scale or nature not not initially analyzed and affecting the portion of the zones, the requirement previously analyzed was not met, initial findings, not on changes in does not apply in this case because specifically citing the fact that NMFS recommended methods. PSOs positioned themselves along the ADOT&PF did not ‘‘extrapolate’’ takes As described in more detail in our Narrows in a manner that enabled a full as required in areas that were not recent response to a similar comment view of the entire Level B harassment visually monitored. for the CTJV Renewal (86 FR 14609, zones. The Level B harassment zones Response: Regarding the date March 17, 2021), the DTH data available were completely visible throughout the ADOT&PF requested the renewal, it is to inform the analytical approach are work conducted to date, and so our responsibility to work with limited and the updated interim extrapolation was not necessary as there applicants to ensure that adequate and methodology adopted by NMFS moving were no unseen portions of the zones. complete information is included in forward, and referenced in the MMC’s The preliminary monitoring data applications and renewal requests. comment, takes the most conservative provided by the applicant clearly does ADOT&PF submitted their initial approach to both Level A and Level B not indicate impacts of a scale or nature renewal request on December 28, 2020 harassment estimation, with the not previously analyzed or authorized. and then revised their request, expectation that take is likely As described above, despite providing updated information on the overestimated using this method. The development of an alternative approach date indicated, January 12, 2021. There fact that NMFS is using the new to DTH pile driving since the initial IHA is no requirement in the MMPA or our approach moving forward does not that is not necessary to apply here, this regulations to post all versions of mean the prior approach is unsound. project qualifies for a renewal in that the applications on our website and we Here, while the Level A harassment applicant proposes to complete a subset have not typically done so. We further zones would be somewhat larger using of the initially analyzed activities with note that while the requirement to the updated methodology, it would not no changes, the preliminary monitoring notify NMFS of the need for a renewal change the take estimates for any shows no impacts of a scale or nature 60 days in advance of the needed species or stock, the nature of the beyond those previously analyzed (in effective date is presented as a renewal expected impacts, or any of our fact they were significantly less than condition on our website, the MMC’s findings. The take estimates in the that predicted), the total number of days comments have alerted us to the fact initial IHA were based on the prediction of driving and the amount of take that the purpose of this requirement that a very small number of three authorized are both less than that in the may not be clear. The 60-day deadline species may occasionally potentially initial IHA, the mitigation and has nothing to do with ensuring the approach close enough within a given monitoring measures remain the same, appropriateness of the project for amount of days/months (which are still and upon review NMFS has determined renewal. The intention is to put renewal fewer for this renewal than for the that the findings in the initial IHA requesters on notice that they should initial IHA) and stay long enough to remain valid. We therefore decline to request a renewal at least 60 days prior incur PTS, rather than upon any accept the Commission’s to the desired effective date to ensure density/area calculations. It is highly recommendation that we deny the we have adequate time to process the unlikely that a change in the Level A renewal request. request, including publication of the harassment zones would result in any Comment: The MMC further notes proposed Renewal IHA and providing change in the potential for any of this that NMFS did not abide by one of the the additional 15 days for public to occur. Further, as described below, basic tenets of its process that it will comment. The intent is not to disqualify the monitoring to date indicates that far provide direct notice of a proposed requesters from the renewal process if fewer marine mammals are entering the renewal by email, phone, or postal they are later than 60 days from the activity area than expected, and the service (in this order) to persons who requested effective date of the Renewal mitigation measures described in the commented on the proposed initial IHA, but rather to provide potential initial IHA remain adequate and authorization because it did not inform requesters notice that we typically need appropriate. Accordingly, as required the MMC of the renewal request. at least 60 days to process their request under the Renewal conditions, upon Response: NMFS acknowledges that and cannot ensure completion of the review of the request for Renewal, the our inadvertent lack of direct notice to Renewal process in fewer than 60 days. status of the affected species or stocks, the MMC was an error in our current As the MMC notes one of the the preliminary monitoring report, and practice and we have taken steps to conditions of a Renewal IHA is that any other pertinent information, we ensure that we do not miss notifying the there are no more than minor changes have determined that there are no MMC about future proposed Renewal in the applicant’s activities from those changes in the activities, the mitigation IHA notices. Nonetheless, our oversight described and analyzed in the initial and monitoring measures will remain in providing the MMC with direct IHA. As described above, ADOT&PF the same and appropriate, and the notice of the proposed Renewal does not withdrew their request to increase the findings in the initial IHA remain valid. necessitate the denial of the renewal, maximum number of piles that could be Regarding the preliminary monitoring which otherwise qualifies for issuance installed by impact driving in a day. information provided by the current based on the renewal conditions. Regarding the change in the DTH IHA Holder and applicant for the Because the MMC was the only person calculation methods for Level A Renewal, significantly fewer marine or entity that commented on the initial harassment raised by the MMC, we first mammals of all species were detected proposed IHA, there is no one else who note that it is not a change in the and reported within harassment zones did not receive direct notice. In applicant’s planned activity, but rather than were predicted and authorized (17 addition, the MMC received notice of a change in NMFS’ approach since the reported takes, less than 1 percent of the the proposed Renewal IHA through the initial IHA was issued. As a general total take authorized across species, and March 5, 2021 Federal Register notice matter, renewal conditions are focused no more than 3 percent of any species and was able to review the proposed on ensuring the activity is identical, or or stock) given the amount of activity Renewal notice and provide its

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comments within the needed timeframe. NOAA Administrative Order (NAO) whenever we propose to authorize take We likewise were able to fully consider 216–6A, NMFS must review our for endangered or threatened species, in the MMC’s comments within the needed proposed action (i.e., the issuance of an this case with the NMFS’ Alaska timeframe. Therefore, our inadvertent IHA) with respect to potential impacts Regional Office. failure to provide the MMC with direct on the human environment. NMFS’ Alaska Region issued a revised notice was functionally harmless in this This action is consistent with Biological Opinion to NMFS’ Office of case. categories of activities identified in Protected Resources on December 19, Comment: The MMC asserts that Categorical Exclusion B4 (IHAs with no 2019 which concluded that issuance of NMFS wrongly considered the two anticipated serious injury or mortality) IHAs to ADOT&PF is not likely to phases of ADOT&PF’s project and that of the Companion Manual for NAO 216– jeopardize the continued existence of we ignored the possibility that 6A, which do not individually or Mexico DPS humpback whales. Since ADOT&PF would conduct both phases cumulatively have the potential for then, the regional office determined that simultaneously. significant impacts on the quality of the issuance of the renewal IHA will not Response: We considered this issue in human environment and for which we alter take or require re-initiation of the the proposed renewal notice. On page have not identified any extraordinary consultation. 12920 (86 FR 12918; March 5, 2021) we circumstances that would preclude this noted that Phase I and Phase II of the categorical exclusion. Accordingly, Renewal work would not occur simultaneously. NMFS has determined that the issuance As a result of these determinations, We have emphasized this again in this of the IHA Renewal qualifies to be NMFS has issued a Renewal IHA to final Renewal IHA notice. categorically excluded from further ADOT&PF for the taking of marine Comment: Based on the asserted and NEPA review. mammals incidental to the remaining perceived problems noted above, the Determinations activities of Phase I of the two-phase MMC recommends that NMFS formally ferry berth improvements and revoke its authorization renewal NMFS has concluded that there is no construction in Tongass Narrows, near process. new information suggesting that our Ketchikan, AK from the date of issuance Response: NMFS does not agree with analysis or findings should change from through February 28, 2022, provided the the MMC’s recommendation, and does those reached for the initial IHA. This previously described mitigation, not adopt it. First, as noted above, we includes consideration of all monitoring, and reporting requirements have concurred with the MMC’s information discussed above, as well as are incorporated. The IHA can be found interpretation of the increase in the stock abundance information. The at https://www.fisheries.noaa.gov/ maximum number of piles per day from estimated abundance of the West Coast national/marine-mammal-protection/ 3 to 8, and, following our Transient and Northern Resident Killer incidental-take-authorizations- recommendation, ADOT&PF rescinded whale stocks and Steller sea lion Eastern construction-activities. the request for this change. U.S. stock have increased slightly, Additionally, as discussed above the whereas, the Clarence Strait harbor seal Dated: April 28, 2021. MMC asserted numerous problems that stock decreased slightly. Based on the Catherine Marzin, in fact were not true, were based on the information and analysis contained here Acting Director, Office of Protected Resource, MMC’s opinion, or did not appreciably and in the referenced documents, NMFS National Marine Fisheries Service. impact the MMC’s ability to comment has determined the following: (1) The [FR Doc. 2021–09451 Filed 5–4–21; 8:45 am] on the proposed Renewal, and thus do required mitigation measures will effect BILLING CODE 3510–22–P not establish problems with this the least practicable impact on marine Renewal IHA or systemic problems with mammal species or stocks and their the renewal process and its compliance habitat; (2) the authorized takes will DEPARTMENT OF COMMERCE with Section 101(a)(5)(D) of the MMPA have a negligible impact on the affected National Oceanic and Atmospheric overall. marine mammal species or stocks; (3) Further, we note in prior responses to the authorized takes represent small Administration comments about IHA Renewals (e.g., 84 numbers of marine mammals relative to [RTID 0648–XB016] FR 52464; October 2, 2019, 85 FR 53342; the affected stock abundances; (4) August 28, 2020; and 86 FR 14606; ADOT&PF’s activities will not have an South Atlantic Fishery Management March 17, 2021), NMFS has explained unmitigable adverse impact on taking Council; Public Meeting how the renewal process, as for subsistence purposes as no relevant AGENCY: National Marine Fisheries implemented, is consistent with the subsistence uses of marine mammals are Service (NMFS), National Oceanic and statutory requirements contained in implicated by this action, and; (5) Atmospheric Administration (NOAA), section 101(a)(5)(D) of the MMPA, appropriate monitoring and reporting Commerce. provides additional efficiencies beyond requirements are included. the use of abbreviated notices, and, ACTION: Notice of public meeting. Endangered Species Act further, promotes NMFS’ goals of SUMMARY: The South Atlantic Fishery Section 7(a)(2) of the Endangered improving conservation of marine Management Council (Council) will Species Act of 1973 (ESA: 16 U.S.C. mammals and increasing efficiency in hold a meeting of its Private 1531 et seq.) requires that each Federal the MMPA compliance process. Recreational Reporting Workgroup agency insure that any action it Therefore, we intend to continue evaluating reporting alternatives for the authorizes, funds, or carries out is not implementing the Renewal process and private recreational snapper grouper likely to jeopardize the continued will adjust its conditions and fishery. implementation as needed. existence of any endangered or threatened species or result in the DATES: The Workgroup meeting will be National Environmental Policy Act destruction or adverse modification of held via webinar from 9 a.m. to 12 p.m. To comply with the National designated critical habitat. To ensure on Wednesday, May 26, 2021. Environmental Policy Act of 1969 ESA compliance for the issuance of ADDRESSES: Meeting address: The (NEPA; 42 U.S.C. 4321 et seq.) and IHAs, NMFS consults internally meeting will be held via webinar.

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Webinar registration is required. Details DEPARTMENT OF COMMERCE 305(c) of the Magnuson-Stevens Fishery are included in SUPPLEMENTARY Conservation and Management Act, INFORMATION. National Oceanic and Atmospheric provided the public has been notified of Council address: South Atlantic Administration the intent to take final action to address Fishery Management Council, 4055 [RTID 0648–XB050] the emergency. Faber Place Drive, Suite 201, N. Special Accommodations Charleston, SC 29405. Pacific Fishery Management Council; FOR FURTHER INFORMATION CONTACT: Kim Public Meeting Requests for sign language Iverson, Public Information Officer, interpretation or other auxiliary aids AGENCY: National Marine Fisheries SAFMC; phone: (843) 302–8440 or toll should be directed to Mr. Kris Service (NMFS), National Oceanic and free: (866) SAFMC–10; fax: (843) 769– Kleinschmidt, (kris.kleinschmidt@ Atmospheric Administration (NOAA), 4520; email: [email protected]. noaa.gov; (503) 820–2412), at least 10 Commerce. business days prior to the meeting date. SUPPLEMENTARY INFORMATION: Meeting ACTION: Notice of public meeting. information, including the webinar link, Dated: April 29, 2021. agenda, and briefing book materials will SUMMARY: The Pacific Fishery Tracey L. Thompson, be posted on the Council’s website at: Management Council’s (Pacific Council) Acting Deputy Director, Office of Sustainable http://safmc.net/safmc-meetings/ Ad Hoc Climate and Communities Core Fisheries, National Marine Fisheries Service. council-meetings/. Team (CCCT) is holding an online [FR Doc. 2021–09418 Filed 5–4–21; 8:45 am] Agenda items include: meeting, which is open to the public. BILLING CODE 3510–22–P 1. Review recreational reporting by DATES: The online meeting will be held Highly Migratory Species anglers Friday, May 21, 2021, beginning at 1:30 DEPARTMENT OF COMMERCE 2. Review recreational reporting for p.m., Pacific Time and continuing until Mid-Atlantic Tilefish anglers business is completed. National Oceanic and Atmospheric 3. Review NOAA Fisheries Marine ADDRESSES: This meeting will be held Administration Recreational Information Program’s online. Specific meeting information, [RTID 0648–XB062] (MRIP) Large Pelagic Survey including directions on how to join the 4. Identify topics for discussion or meeting and system requirements will presentation at the next meeting Pacific Fishery Management Council; be provided in the meeting Public Meeting Written comments may be submitted announcement on the Pacific Council’s electronically via the Council’s website website (see www.pcouncil.org). You AGENCY: National Marine Fisheries at http://safmc.net/safmc-meetings/ may send an email to Mr. Kris Service (NMFS), National Oceanic and council-meetings/. Comments become Kleinschmidt (kris.kleinschmidt@ Atmospheric Administration (NOAA), part of the Administrative Record of the noaa.gov) or contact him at (503) 820– Commerce. meeting and will automatically be 2412 for technical assistance. ACTION: Notice of public online meeting. posted to the website and available for Council address: Pacific Fishery Council consideration. Management Council, 7700 NE SUMMARY: The Pacific Fishery Although non-emergency issues not Ambassador Place, Suite 101, Portland, Management Council’s (Pacific Council) contained in this agenda may come OR 97220–1384. Scientific and Statistical Committee’s (SSC’s) Economics and Groundfish before this group for discussion, those SUPPLEMENTARY INFORMATION: At this Subcommittees will meet to review a issues may not be the subject of formal meeting, the CCCT will discuss the new Quota Share Owners’ Cost Survey action during this meeting. Action will drafting of a final report for the Fishery to inform decisions on the west coast be restricted to those issues specifically Ecosystem Plan Climate and limited entry trawl catch shares program identified in this notice and any issues Communities Initiative. The report will and to do some initial planning on an arising after publication of this notice be based on a review of information upcoming review of the limited entry that require emergency action under generated during the Initiative and make fixed gear sablefish program. section 305(c) of the Magnuson-Stevens recommendations on tools, products, Fishery Conservation and Management and processes to build consideration of, DATES: The online meeting will be held Act, provided the public has been and adaption to, climate change into Wednesday, May 26, 2021, from 9 notified of the Council’s intent to take ongoing Council processes. The report is a.m.to 1 p.m., Pacific Daylight Time. final action to address the emergency. scheduled for Council consideration at ADDRESSES: This meeting will be held Special Accommodations its September 2021 meeting. The CCCT online. Specific meeting information, will also discuss additional activities, including directions on how to join the The meeting is physically accessible including future meetings, related to meeting and system requirements will to people with disabilities. Requests for completion of the report and the be provided in the meeting auxiliary aids should be directed to the Initiative. announcement on the Pacific Council’s Council office (see ADDRESSES) 5 days A meeting agenda will be posted on website (see www.pcouncil.org). You prior to the meeting. the Pacific Council website at least one may send an email to Mr. Kris Note: The times and sequence specified in week before the meeting date. Kleinschmidt (kris.kleinschmidt@ this agenda are subject to change. Although non-emergency issues not noaa.gov) or contact him at (503) 820– 2412 for technical assistance. Authority: 16 U.S.C. 1801 et seq. contained in the meeting agenda may be discussed, those issues may not be the Council address: Pacific Fishery Dated: April 29, 2021. subject of formal action during this Management Council, 7700 NE Tracey L. Thompson, meeting. Action will be restricted to Ambassador Place, Suite 101, Portland, Acting Deputy Director, Office of Sustainable those issues specifically listed in this OR 97220–1384. Fisheries, National Marine Fisheries Service. document and any issues arising after FOR FURTHER INFORMATION CONTACT: John [FR Doc. 2021–09420 Filed 5–4–21; 8:45 am] publication of this document that DeVore, Staff Officer, Pacific Council; BILLING CODE 3510–22–P require emergency action under section telephone: (503) 820–2413.

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SUPPLEMENTARY INFORMATION: The SUMMARY: The SEDAR Procedural constituency representatives including purpose of the SSC Economics and Workshop 8 for Fishery Independent fishermen, environmentalists, and Groundfish Subcommittees’ meeting Index Development will consist of a NGO’s; International experts; and staff will be to review a new Quota Shares series of webinars, and an in-person of Councils, Commissions, and state and Owners’ Cost Survey proposed by the workshop. See SUPPLEMENTARY federal agencies. Northwest Fisheries Science Center to INFORMATION. Item(s) for discussion: Participants will discuss what data inform future management decisions on DATES: The SEDAR Procedural available for use in SEDAR Procedural the west coast limited entry trawl catch Workshop 8 webinar I will be held May Workshop 8. shares program. The SSC Economics 20, 2021, from 1 p.m. to 3 p.m., Eastern. and Groundfish Subcommittees will Although non-emergency issues not ADDRESSES: contained in this agenda may come also work with Pacific Council staff to Meeting address: The meeting will be plan the upcoming review of the limited before this group for discussion, those held via webinar. The webinar is open issues may not be the subject of formal entry fixed gear sablefish program. The to members of the public. Those SSC Economics and Groundfish action during this meeting. Action will interested in participating should be restricted to those issues specifically Subcommittees’ reports are scheduled to contact Julie A. Neer at SEDAR (see FOR be presented to the full SSC and the identified in this notice and any issues FURTHER INFORMATION CONTACT) to arising after publication of this notice Pacific Council at the June 2021 Pacific request an invitation providing webinar Council meeting. that require emergency action under access information. Please request section 305(c) of the Magnuson-Stevens Although non-emergency issues not webinar invitations at least 24 hours in contained in the meeting agenda may be Fishery Conservation and Management advance of each webinar. Act, provided the public has been discussed, those issues may not be the SEDAR address: 4055 Faber Place notified of the intent to take final action subject of formal action during this Drive, Suite 201, North Charleston, SC meeting. Action will be restricted to to address the emergency. 29405. Special Accommodations: The those issues specifically listed in this FOR FURTHER INFORMATION CONTACT: Julie meeting is physically accessible to document and any issues arising after A. Neer, SEDAR Coordinator; (843) 571– people with disabilities. Requests for publication of this document that 4366; email: [email protected]. sign language interpretation or other require emergency action under section SUPPLEMENTARY INFORMATION: The Gulf auxiliary aids should be directed to the 305(c) of the Magnuson-Stevens Fishery of Mexico, South Atlantic, and Council office (see ADDRESSES) at least Conservation and Management Act, Caribbean Fishery Management 10 business days prior to each provided the public has been notified of Councils, in conjunction with NOAA workshop. the intent to take final action to address Fisheries and the Atlantic and Gulf the emergency. Note: The times and sequence specified in States Marine Fisheries Commissions this agenda are subject to change. Special Accommodations have implemented the Southeast Data, Assessment and Review (SEDAR) Authority: 16 U.S.C. 1801 et seq. Requests for sign language process, a multi-step method for Dated: April 29, 2021. interpretation or other auxiliary aids determining the status of fish stocks in Tracey L. Thompson, should be directed to Mr. Kris the Southeast Region. SEDAR is a multi- Kleinschmidt, (kris.kleinschmidt@ step process including: (1) Data Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. noaa.gov; (503) 820–2412), at least 10 Workshop; (2) Assessment Process days prior to the meeting date. utilizing webinars; and (3) Review [FR Doc. 2021–09416 Filed 5–4–21; 8:45 am] Authority: 16 U.S.C. 1801 et seq. Workshop. The product of the Data BILLING CODE 3510–22–P Dated: April 30, 2021. Workshop is a data report that compiles Tracey L. Thompson, and evaluates potential datasets and recommends which datasets are DEPARTMENT OF EDUCATION Acting Deputy Director, Office of Sustainable appropriate for assessment analyses. Fisheries, National Marine Fisheries Service. National Advisory Committee on The product of the Assessment Process [FR Doc. 2021–09503 Filed 5–4–21; 8:45 am] Institutional Quality and Integrity is a stock assessment report that (NACIQI) BILLING CODE 3510–22–P describes the fisheries, evaluates the status of the stock, estimates biological AGENCY: National Advisory Committee DEPARTMENT OF COMMERCE benchmarks, projects future population on Institutional Quality and Integrity conditions, and recommends research (NACIQI), U.S. Department of National Oceanic and Atmospheric and monitoring needs. The assessment Education. Administration is independently peer reviewed at the ACTION: Request for student nominees Review Workshop. The product of the for appointment to serve on the National [RTID 048–XB034] Review Workshop is a Summary Advisory Committee on Institutional documenting panel opinions regarding Quality and Integrity (NACIQI). Fisheries of the South Atlantic; the strengths and weaknesses of the Southeast Data, Assessment, and stock assessment and input data. SUMMARY: At least one member of the Review (SEDAR); Public Meeting Participants for SEDAR Workshops are National Advisory Committee on Institutional Quality and Integrity AGENCY: National Marine Fisheries appointed by the Gulf of Mexico, South (NACIQI) must be a student who, at the Service (NMFS), National Oceanic and Atlantic, and Caribbean Fishery time of the appointment by the Atmospheric Administration (NOAA), Management Councils and NOAA Secretary of Education, is attending an Commerce. Fisheries Southeast Regional Office, HMS Management Division, and institution of higher education. ACTION: Notice of SEDAR webinar I for Southeast Fisheries Science Center. DATES: Nominations must be received SEDAR Procedural Workshop 8: Fishery Participants include data collectors and no later than Friday, May 28, 2021. Independent Index Development under database managers; stock assessment ADDRESSES: You may submit changing survey design. scientists, biologists, and researchers; nomination(s), including attachments,

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via email to: [email protected]. • Contact information for the e. Name of Project: Flannagan (Please specify in the email subject line nominee (name, address, contact phone Hydroelectric Project. ‘‘NACIQI Student Nomination.’’) number, and email address). f. Location: The project is located at For questions, please contact the U.S. In addition, the cover letter must the U.S. Army Corps of Engineers’ Department of Education, Committee include a statement affirming the (Corps) John W. Flannagan Dam and Management Office at (202) 401–3677. nominee (if you are nominating Reservoir, which is on the Pound River, SUPPLEMENTARY INFORMATION: NACIQI’s someone other than yourself) has agreed near the Town of Clintwood, in Statutory Authority and Function: The to be nominated and is willing to serve Dickenson County, Virginia. NACIQI is established under Section on the NACIQI if appointed by the g. Filed Pursuant to: Federal Power 114 of the HEA and is composed of 18 Secretary of Education. Student Act, 16 U.S.C. 791a–825r. members who are appointed— nominees should be broadly h. Licensee Contact: Mr. James B. (A) On the basis of the individuals’ knowledgeable about higher education Price, President, General Partner Jordan experience, integrity, impartiality, and and accreditation. Hydroelectric Limited Partnership, P.O. good judgment. Electronic Access to this Document: Box 903 Gatlinburg, TN 37738, (803) (B) From among individuals who are The official version of this document is 215–4165, [email protected]. representatives of, or knowledgeable the document published in the Federal i. FERC Contact: Jeremy Jessup, (202) concerning, education and training Register. You may access the official 502–6779, [email protected]. beyond secondary education, edition of the Federal Register and the j. Deadline for filing comments, representing all sectors and types of Code of Federal Regulations at motions to intervene, and protests, is 30 days from the issuance date of this institutions of higher education; and www.govinfo.gov. At this site, you can (C) On the basis of the individuals’ view this document, as well as all other notice by the Commission. The Commission strongly encourages technical qualifications, professional documents of this Department electronic filing. Please file comments, standing, and demonstrated knowledge published in the Federal Register, in motions to intervene, and protests using in the fields of accreditation and text or Portable Document Format the Commission’s eFiling system at administration of higher education. (PDF). To use PDF, you must have The NACIQI meets at least twice a Adobe Acrobat Reader, which is http://www.ferc.gov/docs-filing/ year and advises the Secretary of available free at the site. efiling.asp. Commenters can submit Education with respect to: You may also access documents of the brief comments up to 6,000 characters, • The establishment and enforcement Department published in the Federal without prior registration, using the of the standards of accrediting agencies Register by using the article search eComment system at http:// or associations under subpart 2 of part feature at: www.federalregister.gov. www.ferc.gov/docs-filing/ H of Title IV, HEA. Specifically, through the advanced ecomment.asp. You must include your • The recognition of specific search feature at this site, you can limit name and contact information at the end accrediting agencies or associations. your search to documents published by of your comments. For assistance, • The preparation and publication of the Department. please contact FERC Online Support at [email protected], (866) the list of nationally recognized Miguel Cardona, accrediting agencies and associations. 208–3676 (toll free), or (202) 502–8659 Secretary of Education. • The eligibility and certification (TTY). In lieu of electronic filing, you process for institutions of higher [FR Doc. 2021–09514 Filed 5–4–21; 8:45 am] may submit a paper copy. Submissions education under Title IV of the HEA, BILLING CODE P sent via the U.S. Postal Service must be together with recommendations for addressed to: Kimberly D. Bose, improvements in such process. Secretary, Federal Energy Regulatory • The relationship between (1) DEPARTMENT OF ENERGY Commission, 888 First Street NE, Room accreditation of institutions of higher 1A, Washington, DC 20426. education and the certification and Federal Energy Regulatory Submissions sent via any other carrier eligibility of such institutions, and (2) Commission must be addressed to: Kimberly D. Bose, State licensing responsibilities with [Project No. 12740–008] Secretary, Federal Energy Regulatory respect to such institutions. Commission, 12225 Wilkins Avenue, • Any other advisory functions Jordan Hydroelectric Limited Rockville, MD 20852. The first page of relating to accreditation and Partnership, Virginia; Notice of any filing should include docket institutional eligibility that the Application for Amendment of License, number P–12740–008. Comments Secretary may prescribe by regulation. Soliciting Comments, Motions To emailed to Commission staff are not Nomination Process: Interested Intervene, and Protests considered part of the Commission persons, stakeholders, or organizations Take notice that the following record. may nominate a qualified student(s). To hydroelectric application has been filed The Commission’s Rules of Practice nominate a student(s) or self-nominate with the Commission and is available and Procedure require all intervenors for appointment to serve on the NACIQI, for public inspection: filing documents with the Commission please submit the following information a. Type of Proceeding: Amendment of to serve a copy of that document on to the U.S. Department of Education: each person whose name appears on the • License. A cover letter addressed to the b. Project No.: 12740–008. official service list for the project. Secretary of Education as follows: c. Date Filed: March 10, 2021. Further, if an intervenor files comments Honorable Miguel Cardona, Secretary of d. Licensee: Jordan Hydroelectric or documents with the Commission Education, U.S. Department of Limited Partnership, Virginia.1 relating to the merits of an issue that Education, 400 Maryland Avenue SW, may affect the responsibilities of a Washington, DC 20202. In the letter, 1 On March 12, 2021, subsequent to filing the particular resource agency, they must please note your reason(s) for amendment application, Jordan Hydroelectric also serve a copy of the document on submitting the nomination. Limited Partnership and Flannagan Hydro, LLC that resource agency. • filed an Application for Approval of Transfer of A copy of the nominee’s current License. Commission staff is reviewing the transfer k. Description of Request: The resume. of license under a separate proceeding. applicant proposes to redesign the

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project to have four smaller Turgo-type through 385.2005. All comments, [email protected], (866) turbine-generators in lieu of the motions to intervene, or protests must 208–3676 (toll free), or (202) 502–8659 approved two Francis-type turbine- set forth their evidentiary basis. Any (TTY). In lieu of electronic filing, you generators. The design change would filing made by an intervenor must be may submit a paper copy. Submissions decrease the project capacity from 1.8 accompanied by proof of service on all sent via the U.S. Postal Service must be megawatts (MW) to 1.4 MW and persons listed in the service list addressed to: Kimberly D. Bose, decreases the hydraulic capacity from prepared by the Commission in this Secretary, Federal Energy Regulatory 180 cubic feet per second (cfs) to 150 proceeding, in accordance with 18 CFR Commission, 888 First Street NE, Room cfs. The licensee states that this redesign 385.2010. 1A, Washington, DC 20426. will better align with the existing Dated: April 29, 2021. Submissions sent via any other carrier features of the Flannagan Dam and Kimberly D. Bose, must be addressed to: Kimberly D. Bose, produce more energy on a yearly basis Secretary, Federal Energy Regulatory Secretary. than the previous design. The licensee Commission, 12225 Wilkins Avenue, states that it is not proposing changes to [FR Doc. 2021–09515 Filed 5–4–21; 8:45 am] Rockville, Maryland 20852. The first any other aspects of the project and that BILLING CODE 6717–01–P page of any filing should include docket the environmental impact of the project number P–2360–272. Comments will not change from previously emailed to Commission staff are not DEPARTMENT OF ENERGY analyzed. considered part of the Commission l. Locations of the Application: This Federal Energy Regulatory record. filing may be viewed on the Commission k. Description of Request: Allete, Inc Commission’s website at http:// (licensee) is proposing to amend its www.ferc.gov using the ‘‘eLibrary’’ link. [Project No. 2360–272] project boundary at three of the project’s Enter the docket number excluding the reservoirs (i.e., Island Lake Reservoir, Allete, Inc.; Notice of Application last three digits in the docket number Fish Lake Reservoir, and Whiteface Accepted for Filing and Soliciting field to access the document. You may Reservoir) to more accurately reflect the Comments, Motions To Intervene, and also register online at http:// lands needed for project purposes. The Protests www.ferc.gov/docs-filing/ licensee would remove approximately esubscription.asp to be notified via Take notice that the following 191 acres of land around the reservoirs email of new filings and issuances that are currently leased to individuals related to this or other pending projects. hydroelectric application has been filed for private, residential use, while For assistance, call 1–866–208–3676 or with the Commission and is available preserving an upland buffer area around email [email protected], for for public inspection: the reservoirs. Additionally, the licensee TTY, call (202) 502–8659. Agencies may a. Application Type: Amendment of would add 469 acres of land around the obtain copies of the application directly Project Boundary. three reservoirs to be managed as from the applicant. b. Project No: 2360–272. m. Individuals desiring to be included c. Date Filed: December 22, 2020, and Natural Character Areas for scenic and on the Commission’s mailing list should supplemented on April 27, 2021. environmental protection uses. The so indicate by writing to the Secretary d. Applicant: Allete, Inc. proposed project boundary adjustment of the Commission. e. Name of Project: St. Louis River would result in a net increase of 423 n. Comments, Protests, or Motions to Hydroelectric Project. acres of project lands including the Intervene: Anyone may submit f. Location: Island Lake Reservoir, removal of residential lands, addition of comments, a protest, or a motion to Fish Lake Reservoir, and Whiteface environmental protection lands, as well intervene in accordance with the Reservoir in St. Louis County, as other additions to reflect actual requirements of Rules of Practice and Minnesota. acreages of islands and recreation areas Procedure, 18 CFR 385.210, .211, .214, g. Filed Pursuant to: Federal Power inside the project boundary. respectively. In determining the Act, 16 U.S.C. 791a–825r. l. Locations of the Application: In appropriate action to take, the h. Applicant Contact: Greg Prom, addition to publishing the full text of Commission will consider all protests or Minnesota Power, 30 West Superior this document in the Federal Register, other comments filed, but only those Street, Duluth, Minnesota 55802–2093, the Commission provides all interested who file a motion to intervene in (218) 355–3191. persons an opportunity to view and/or accordance with the Commission’s i. FERC Contact: Mark Carter, (678) print the contents of this document via Rules may become a party to the 245–3083, [email protected]. the internet through the Commission’s proceeding. Any comments, protests, or j. Deadline for filing comments, Home Page (http://www.ferc.gov) using motions to intervene must be received motions to intervene, and protests: May the ‘‘elibrary’’ link. Enter the docket on or before the specified comment date 31, 2021. number excluding the last three digits in for the particular application. The Commission strongly encourages the document field to access the o. Filing and Service of Documents: electronic filing. Please file comments, document. At this time, the Commission Any filing must (1) bear in all capital motions to intervene, and protests using has suspended access to the letters the title ‘‘COMMENTS’’, the Commission’s eFiling system at Commission’s Public Reference Room, ‘‘PROTEST’’, or ‘‘MOTION TO http://www.ferc.gov/docs-filing/ due to the proclamation declaring a INTERVENE’’ as applicable; (2) set forth efiling.asp. Commenters can submit National Emergency concerning the in the heading the name of the applicant brief comments up to 6,000 characters, Novel Coronavirus Disease (COVID–19), and the project number of the without prior registration, using the issued by the President on March 13, application to which the filing eComment system at http:// 2020. For assistance, contact FERC at responds; (3) furnish the name, address, www.ferc.gov/docs-filing/ [email protected] or call and telephone number of the person ecomment.asp. You must include your toll-free, (886) 208–3673 or TYY, (202) commenting, protesting or intervening; name and contact information at the end 502–8659. Agencies may obtain copies and (4) otherwise comply with the of your comments. For assistance, of the application directly from the requirements of 18 CFR 385.2001 please contact FERC Online Support at applicant.

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m. Individuals desiring to be included Docket Numbers: ER21–1165–001. Description: § 205(d) Rate Filing: on the Commission’s mailing list should Applicants: Purge Energy LLC. Transource Oklahoma, LLC Formula so indicate by writing to the Secretary Description: Tariff Amendment: Rate to be effective 7/1/2021. of the Commission. Tariffs and Agreements to be effective Filed Date: 4/29/21. n. Comments, Protests, or Motions to 4/28/2021. Intervene: Anyone may submit Filed Date: 4/28/21. Accession Number: 20210429–5242. comments, a protest, or a motion to Accession Number: 20210428–5291. Comments Due: 5 p.m. ET 5/20/21. intervene in accordance with the Comments Due: 5 p.m. ET 5/19/21. Take notice that the Commission requirements of Rules of Practice and Docket Numbers: ER21–1789–000. received the following electric securities Procedure, 18 CFR 385.210, .211, .214, Applicants: Southwest Power Pool, filings: respectively. In determining the Inc. appropriate action to take, the Description: Notice of cancellation of Docket Numbers: ES21–41–000. Commission will consider all protests or Network Integration Transmission Applicants: Southwestern Electric other comments filed, but only those Service Agreement and Network Power Company. who file a motion to intervene in Operating Agreement of Southwest accordance with the Commission’s Power Pool, Inc. Description: Application under Rules may become a party to the Filed Date: 4/28/21. Section 204 of the Federal Power Act for proceeding. Any comments, protests, or Accession Number: 20210428–5263. Authorization to Issue Securities for motions to intervene must be received Comments Due: 5 p.m. ET 5/19/21. Southwestern Electric Power Company. on or before the specified comment date Docket Numbers: ER21–1791–000. Filed Date: 4/29/21. for the particular application. Applicants: Mid-Atlantic Interstate Accession Number: 20210429–5063. o. Filing and Service of Documents: Transmission, LLC, PJM Comments Due: 5 p.m. ET 5/20/21. Any filing must (1) bear in all capital Interconnection, L.L.C. letters the title ‘‘COMMENTS’’, Description: § 205(d) Rate Filing: Take notice that the Commission ‘‘PROTEST’’, or ‘‘MOTION TO MAIT submits ECSA No. 5940 to be received the following electric INTERVENE’’ as applicable; (2) set forth effective 6/29/2021. reliability filings: in the heading the name of the applicant Filed Date: 4/29/21. and the project number of the Accession Number: 20210429–5042. Docket Numbers: RR20–5–001. application to which the filing Comments Due: 5 p.m. ET 5/20/21. Applicants: North American Electric responds; (3) furnish the name, address, Docket Numbers: ER21–1792–000. Reliability Corporation. and telephone number of the person Applicants: Southwest Power Pool, Description: Compliance Filing of The commenting, protesting or intervening; Inc. North American Electric Reliability and (4) otherwise comply with the Description: § 205(d) Rate Filing: Corporation on The Revised Delegation requirements of 18 CFR 385.2001 2198R30 Kansas Power Pool NITSA Agreements With Regional Entities. through 385.2005. All comments, NOA to be effective 4/1/2021. Filed Date: 4/29/21. motions to intervene, or protests must Filed Date: 4/29/21. set forth their evidentiary basis. Any Accession Number: 20210429–5044. Accession Number: 20210429–5087. filing made by an intervenor must be Comments Due: 5 p.m. ET 5/20/21. Comments Due: 5 p.m. ET 5/20/21. accompanied by proof of service on all Docket Numbers: ER21–1793–000. The filings are accessible in the persons listed in the service list Applicants: Southern California Commission’s eLibrary system (https:// prepared by the Commission in this Edison Company. proceeding, in accordance with 18 CFR Description: § 205(d) Rate Filing: UFA elibrary.ferc.gov/idmws/search/ 385.2010. Yellow Pine 2 Project TOT796AFS SA fercgensearch.asp) by querying the docket number. Dated: April 29, 2021. No. 261 to be effective 4/30/2021. Kimberly D. Bose, Filed Date: 4/29/21. Any person desiring to intervene or protest in any of the above proceedings Secretary. Accession Number: 20210429–5081. Comments Due: 5 p.m. ET 5/20/21. must file in accordance with Rules 211 [FR Doc. 2021–09516 Filed 5–4–21; 8:45 am] Docket Numbers: ER21–1794–000. and 214 of the Commission’s BILLING CODE 6717–01–P Applicants: White Oak Energy LLC. Regulations (18 CFR 385.211 and Description: Baseline eTariff Filing: 385.214) on or before 5:00 p.m. Eastern DEPARTMENT OF ENERGY Reactive Power Compensation Filing to time on the specified comment date. be effective 6/28/2021. Protests may be considered, but Federal Energy Regulatory Filed Date: 4/29/21. intervention is necessary to become a Commission Accession Number: 20210429–5128. party to the proceeding. Comments Due: 5 p.m. ET 5/20/21. eFiling is encouraged. More detailed Combined Notice of Filings #1 Docket Numbers: ER21–1795–000. information relating to filing Take notice that the Commission Applicants: Oakland Power Company requirements, interventions, protests, received the following electric rate LLC. service, and qualifying facilities filings filings: Description: § 205(d) Rate Filing: can be found at: http://www.ferc.gov/ Request for Authorization of Payment Docket Numbers: ER18–1174–001. docs-filing/efiling/filing-req.pdf. For Applicants: Imperial Valley Solar 2, Pursuant to Section 7.5 of RMR other information, call (866) 208–3676 LLC. Agreement to be effective 6/29/2021. (toll free). For TTY, call (202) 502–8659. Description: Notice of Non-Material Filed Date: 4/29/21. Dated: April 29, 2021. Change in Status of Imperial Valley Accession Number: 20210429–5236. Comments Due: 5 p.m. ET 5/20/21. Nathaniel J. Davis, Sr., Solar 2, LLC. Deputy Secretary. Filed Date: 4/28/21. Docket Numbers: ER21–1796–000. Accession Number: 20210428–5353. Applicants: Transource Oklahoma, [FR Doc. 2021–09481 Filed 5–4–21; 8:45 am] Comments Due: 5 p.m. ET 5/19/21. LLC, Southwest Power Pool, Inc. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Docket: Users interested in receiving FERC–65A (Exemption Notification of automatic notification of activity in this Holding Company Status) Federal Energy Regulatory docket or in viewing/downloading Commission comments and issuances in this docket While noting the previously outlined requirements of the FERC–65, the [Docket No. IC21–27–000] may do so at http://www.ferc.gov. FOR FURTHER INFORMATION CONTACT: Commission has allowed for an Commission Information Collection Ellen Brown may be reached by email exemption from the requirement of Activities; (FERC–65, FERC–65A, AND at [email protected], telephone providing the Commission with a FERC–65B); Consolidated Comment at (202) 502–8663. FERC–65 if the books, accounts, memoranda, and other records of any Request; Extension SUPPLEMENTARY INFORMATION: person are not relevant to the Title: FERC–65 (Notice of Holding AGENCY: Federal Energy Regulatory jurisdictional rates of a public utility or Company Status), FERC–65A Commission. natural gas company; or if any class of (Exemption Notification of Holding ACTION: Notice of information collection transactions is not relevant to the Company Status), and FERC–65B and request for comments. (Waiver Notification of Holding jurisdictional rates of a public utility or natural gas company. Persons seeking SUMMARY: Company Status). In compliance with the this exemption file the FERC–65A, requirements of the Paperwork OMB Control No.: 1902–0218. which must include a form of notice Reduction Act of 1995, the Federal Type of Request: Three-year extension suitable for publication in the Federal Energy Regulatory Commission of the FERC–65, FERC–65A and FERC– Register. Those who file a FERC–65A in (Commission or FERC) is soliciting 65B information collection requirements good faith will have a temporary public comment on the currently with no changes to the current reporting exemption upon filing, after 60 days if approved information collections, requirements. FERC–65 (Notice of Holding Company Abstract: the Commission has taken no action, the Status), FERC–65A (Exemption exemption will be deemed granted. FERC–65 (Notice of Holding Company Commission regulations within 18 CFR Notification of holding Company Status) Status), and FERC–65B (Waiver 366.3 describe the criteria in more Notification of Holding Company The Pursuant to section 366.4 of the specificity. Commission’s rules and regulations, Status), which will be submitted to the FERC–65B (Waiver Notification of persons who meet the definition of a Office of Management and Budget Holding Company Status) (OMB) for a review of the information holding company shall provide the collection requirements. Commission notification of holding If an entity meets the requirements in company status. The FERC–65 is a one- DATES: Comments on the collection of 18 CFR 366.3(c), they may file a FERC– information are due July 6, 2021. time informational filing outlined in the 65B waiver notification pursuant to the Commission’s regulations at 18 Code of ADDRESSES: procedures outlined in 18 CFR 366.4. You may submit comments Federal Regulations (CFR) 366.4. The (identified by Docket No. IC21–27–000) Specifically, the Commission waives the FERC–65 must be submitted within 30 requirement of providing it with a by either of the following methods: days of becoming a holding company.1 Electronic filing through http:// FERC–65 for any holding company with While the Commission does not require www.ferc.gov, is preferred. respect to one or more of the following: the information to be reported in a • Electronic Filing: Documents must (1) Single-state holding company specific format, the filing needs to be filed in acceptable native systems; (2) holding companies that consist of the name of the holding applications and print-to-PDF, but not own generating facilities that total 100 company, the name of public utilities, in scanned or picture format. MW or less in size and are used the name of natural gas companies in • For those unable to file fundamentally for their own load or for the holding company system, and the electronically, comments may be filed sales to affiliated end-users; or (3) names of service companies. In by USPS mail or by hand (including investors in independent transmission- addition, the Commission requires the courier) delivery: only companies. Filings may be made in Æ Mail via U.S. Postal Service Only: filing to include the names of special- hardcopy or electronically through the Addressed to: Federal Energy purpose subsidiaries (which provide Commission’s website. non-power goods and services) and the Regulatory Commission, Secretary of the Type of Respondent: Public utility Commission, 888 First Street NE, names of all affiliates and subsidiaries (and their corporate interrelationship) to companies, natural gas companies, Washington, DC 20426. electric wholesale generators, foreign Æ each other. Filings may be submitted in Hand (Including Courier) Delivery utility holding companies. to: Federal Energy Regulatory hardcopy or electronically through the 2 Commission, 12225 Wilkins Avenue, Commission’s eFiling system. Estimate of Annual Burden: The Rockville, MD 20852. Commission estimates the annual public 1 Instructions: All submissions must be Persons that meet the definition of a holding reporting burden for the information company as provided by § 366.1 as of February 8, collection as: formatted and filed in accordance with 2006 shall notify the Commission of their status as submission guidelines at: http:// a holding company no later than June 15, 2006. www.ferc.gov. For user assistance, Holding companies formed after February 8, 2006 2 Burden is defined as the total time, effort, or shall notify the Commission of their status as a financial resources expended by persons to contact FERC Online Support by email holding company, no later than the latter of June generate, maintain, retain, or disclose or provide at [email protected], or by 15, 2006 or 30 days after they become holding information to or for a Federal agency. Refer to 5 phone at (866) 208–3676 (toll-free). companies. CFR 1320.3 for additional information.

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FERC–65 (NOTIFICATION OF HOLDING COMPANY STATUS), FERC–65A (EXEMPTION NOTIFICATION OF HOLDING COMPANY STATUS), AND FERC–65B (WAIVER NOTIFICATION OF HOLDING COMPANY STATUS)

Total annual Annual Average burden hours Cost per Number of number of Total number burden & & total annual respondent respondents responses per of responses cost per 3 cost ($) respondent response ($)

(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1)

FERC–65 ...... 12 1 12 3; $249.00 36; $2,988 $249.00 FERC–65A ...... 4 1.25 5 1; $83.00 5; $415.00 103.75 FERC–65B ...... 4 1.75 7 1; $83.00 7; $581.00 145.25

Total ...... 24 ...... 48; 3,984.00 ......

Comments: Comments are invited on: Description: Compliance filing 2021 Regulations (18 CFR 385.211 and (1) Whether the collection of Operational Purchases and Sales Report. 385.214) on or before 5:00 p.m. Eastern information is necessary for the proper Filed Date: 4/27/21. time on the specified comment date. performance of the functions of the Accession Number: 20210427–5094. Protests may be considered, but Commission, including whether the Comments Due: 5 p.m. ET 5/10/21. intervention is necessary to become a information will have practical utility; Docket Numbers: RP21–753–000. party to the proceeding. (2) the accuracy of the agency’s estimate Applicants: Discovery Gas eFiling is encouraged. More detailed of the burden and cost of the collection Transmission LLC. information relating to filing of information, including the validity of Description: Imbalance Cash-out requirements, interventions, protests, the methodology and assumptions used; Report for 2020 Annual Fuel Activity service, and qualifying facilities filings (3) ways to enhance the quality, utility for Discovery Gas Transmission LLC. and clarity of the information collection; Filed Date: 4/27/21. can be found at: http://www.ferc.gov/ and (4) ways to minimize the burden of Accession Number: 20210427–5138. docs-filing/efiling/filing-req.pdf. For the collection of information on those Comments Due: 5 p.m. ET 5/10/21. other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. who are to respond, including the use Docket Numbers: RP21–754–000. of automated collection techniques or Applicants: Carolina Gas Dated: April 29, 2021. other forms of information technology. Transmission, LLC. Nathaniel J. Davis, Sr., Dated: April 29, 2021. Description: Compliance filing CGT— Deputy Secretary. Kimberly D. Bose, April 28, 2021 Service Agreement [FR Doc. 2021–09482 Filed 5–4–21; 8:45 am] Secretary. Termination Notice. BILLING CODE 6717–01–P [FR Doc. 2021–09517 Filed 5–4–21; 8:45 am] Filed Date: 4/28/21. Accession Number: 20210428–5032. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 5/10/21. Docket Numbers: RP21–755–000. DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Applicants: Cameron Interstate Federal Energy Regulatory Pipeline, LLC. Commission Federal Energy Regulatory Description: Annual Report of Penalty Commission Revenues of Cameron Interstate Pipeline, LLC. [Docket Nos. IC21–19–000, RD21–4–000] Combined Notice of Filings Filed Date: 4/28/21. Commission Information Collection Take notice that the Commission has Accession Number: 20210428–5293. Comments Due: 5 p.m. ET 5/10/21. Activities (FERC–725A); Comment received the following Natural Gas Request; Extension Pipeline Rate and Refund Report filings: Docket Numbers: RP21–756–000. Applicants: Cameron Interstate Docket Numbers: RP95–408–088. AGENCY: Federal Energy Regulatory Pipeline, LLC. Applicants: Columbia Gas Commission, Department of Energy. Transmission, LLC. Description: Annual Report of Description: Annual Report on Transportation Imbalances and Cash- ACTION: Notice of information collection Sharing Profits from Base Gas Sales with Out Activity of Cameron Interstate and request for comments. Customers of Columbia Gas Pipeline, LLC. Transmission, LLC. Filed Date: 4/28/21. SUMMARY: In compliance with the Filed Date: 4/26/21. Accession Number: 20210428–5294. requirements of the Paperwork Accession Number: 20210426–5152. Comments Due: 5 p.m. ET 5/10/21. Reduction Act of 1995, the Federal Comments Due: 5 p.m. ET 5/10/21. The filings are accessible in the Energy Regulatory Commission Docket Numbers: RP21–752–000. Commission’s eLibrary system (https:// (Commission or FERC) is soliciting Applicants: ANR Storage Company. elibrary.ferc.gov/idmws/search/ public comment on the currently fercgensearch.asp) by querying the approved information collection, FERC– 3 The Commission staff estimates that the average docket number. 725A (Mandatory Reliability Standards respondent for this collection is similarly situated Any person desiring to intervene or for the Bulk-Power System). This notice to the Commission, in terms of salary plus benefits. protest in any of the above proceedings Based on FERC’s 2020 annual average of $172,329 includes the burden totals for proposed must file in accordance with Rules 211 (for salary plus benefits), the average hourly cost is Reliability Standard FAC–008–5. $83/hour. and 214 of the Commission’s

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DATES: Comments on the collection of electric reliability organization (ERO) enforcement action, FERC needs information are due July 6, 2021. (FERC–725) to develop mandatory and information regarding violations and ADDRESSES: You may submit copies of enforceable Reliability Standards, which potential violations at or near the time your comments (identified by Docket are subject to Commission review and of occurrence. Therefore, it will work No. IC21–19–000) by one of the approval. Once approved, the Reliability with the ERO and regional reliability following methods: Standards may be enforced by the ERO, organizations to be able to use the Electronic filing through http:// subject to Commission oversight or the electronic filing of information so the www.ferc.gov, is preferred. Commission can independently enforce Commission receives timely • Electronic Filing: Documents must Reliability Standards (FERC–725A).2 information. The new regulations also be filed in acceptable native On February 3, 2006, the Commission require that each Reliability Standard applications and print-to-PDF, but not issued Order No. 672, implementing that is approved by the Commission will in scanned or picture format. section 215 of the FPA.3 Pursuant to be maintained on the ERO’s internet • For those unable to file Order No. 672, the Commission certified website for public inspection. In 4 electronically, comments may be filed one organization, NERC, as the ERO. accordance with section 39.5 of the by USPS mail or by hand (including The ERO is required to develop Commission’s regulations, the ERO courier) delivery: Reliability Standards, which are subject must file each Reliability Standard or a Æ Mail via U.S. Postal Service Only: to Commission review and approval. modification to a Reliability Standard Addressed to: Federal Energy The Reliability Standards will apply to with the Commission. The filing is to Regulatory Commission, Secretary of the users, owners and operators of the Bulk- include a concise statement of the basis Commission, 888 First Street NE, Power System, as set forth in each and purpose of the proposed Reliability Washington, DC 20426. Reliability Standard. Standard, either a summary of the On March 16, 2007, the Commission Æ Hand (Including Courier) Delivery: Reliability development proceedings issued Order No. 693, a Final Rule Deliver to: Federal Energy Regulatory conducted by the ERO or a summary of adding part 40, a new part, to the Commission, 12225 Wilkins Avenue, the Reliability Standard development Commission’s regulations. The Final Rockville, MD 20852. proceedings conducted by a Regional Rule states that this part applies to all Instructions: All submissions must be Entity together with a summary of the users, owners and operators of the Bulk- formatted and filed in accordance with Reliability Standard review proceedings Power System within the United States submission guidelines at: http:// of the ERO and a demonstration that the www.ferc.gov. For user assistance, (other than Alaska or Hawaii). It also requires that each Reliability Standard proposed Reliability Standard is ‘‘just, contact FERC Online Support by email reasonable, not unduly discriminatory at [email protected], or by identify the subset of users, owners and operators to which that particular or preferential, and in the public phone at (866) 208–3676 (toll-free). interest. Docket: Users interested in receiving Reliability Standard applies. The new automatic notification of activity in this regulations also require that each RD21–4 (FAC–008–05) docket or in viewing/downloading Reliability Standard that is approved by The proposed information collection comments and issuances in this docket the Commission will be maintained on the ERO’s internet website for public changes in Docket No. RD21–4–000 may do so at http://www.ferc.gov. inspection. relate to the proposed Reliability FOR FURTHER INFORMATION CONTACT: In order that the Commission is able Standard FAC–008–05 (Facility Ratings) Ellen Brown may be reached by email to perform its oversight function with developed by the North American at [email protected], telephone regard to Reliability Standards that are Electric Reliability Corporation (NERC), at (202) 502–8663. proposed by the ERO and established by and submitted to the Commission for SUPPLEMENTARY INFORMATION: the Commission, it is essential that the approval. The Commission received Title: FERC–725A (Mandatory Commission receive timely information NERC’s petition to approve the Reliability Standards for the Bulk-Power regarding all or potential violations of proposed Reliability Standards. System). Reliability Standards. While section 215 On February 19, 2021, NERC filed a OMB Control No.: 1902–0244. of the FPA contemplates the filing of the petition seeking approval of proposed Type of Request: Three-year extension record of an ERO or Regional Entity Reliability Standard FAC–008–5. NERC of the FERC–725A information states that proposed Reliability Standard collection requirements with no changes 2 16 U.S.C. 824o(e)(3). FAC–008–5 reflects the retirement of to the current reporting requirements. 3 Rules Concerning Certification of the Electric Requirement R7 of the currently Abstract: On August 8, 2005, the Reliability Organization; Procedures for the effective standard. NERC notes that this Electricity Modernization Act of 2005, Establishment, Approval and Enforcement of Electric Reliability Standards, Order No. 672, 71 FR proposal was recommended following which is Title XII, Subtitle A, of the 8662 (February 17, 2006), FERC Stats. & Regs. the first phase of work under the NERC Energy Policy Act of 2005 (EPAct 2005), ¶ 31,204 (2006), order on reh’g, Order No. 672–A, Standards Efficiency Review and that in was enacted into law.1 EPAct 2005 71 FR 19814 (April 18, 2006), FERC Stats. & Regs. its Order No. 873 remanding a added a new section 215 to the FPA, ¶ 31,212 (2006). 4 North American Electric Reliability Corp., 116 previously proposed version of the which requires a Commission-certified FERC ¶ 61,062 (ERO Certification Order), order on FAC–008 Reliability Standard, the reh’g & compliance, 117 FERC ¶ 61,126 (ERO 1 Energy Policy Act of 2005, Public Law 109–58, Rehearing Order) (2006), order on compliance, 118 Commission agreed that the retirement Title XII, Subtitle A, 119 Stat. 594, 941 (2005), to FERC ¶ 61,030 (2007) (January 2007 Compliance of Requirement R7 from the standard be codified at 16 U.S.C. 824o. Order). would not result in a reliability gap.

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In June 2019, following the Transmission Operator(s) regarding data listed in Attachment 1 to the conclusion of the standard development their Facilities, as follows: standard. This data would include process, NERC submitted a series of R7. Each Generator Owner shall information on power capabilities and standard retirement proposals to the provide Facility Ratings (for its solely Facility Ratings. Requirement R2 Commission. Among the proposals, and jointly owned Facilities that are requires the Generator Owner and NERC submitted for Commission existing Facilities, new Facilities, Transmission Owner to provide the approval proposed Reliability Standard modifications to existing Facilities and requested information. Requirement R1 FAC–008–4, in which NERC proposed re-ratings of existing Facilities) to its of Reliability Standard IRO–010–2— to retire Requirements R7 and R8 of associated Reliability Coordinator(s), Reliability Coordinator Data currently effective Reliability Standard Planning Coordinator(s), Transmission Specification and Collection requires FAC–008–3. In September 2020, the Planner(s), Transmission Owner(s) and the Reliability Coordinator to maintain Commission issued Order No. 873 Transmission Operator(s) as scheduled a documented specification for the data regarding NERC’s retirement proposals. by such requesting entities. necessary to perform its Operational In the years since Reliability Standard Planning Analyses, Real-time In this order, the Commission remanded FAC–008–3 was developed, NERC has monitoring, and Real-time Assessments. proposed Reliability Standard FAC– developed other Reliability Standards This data necessarily includes Facility 008–4 to NERC for further that render the data provision Ratings as inputs to System Operating consideration, citing concerns with the obligations of Requirement R7 Limit monitoring. Requirement R3 proposed retirement of Requirement R8 redundant. Specifically, Reliability requires the Transmission Owner and of the currently effective standard. The Standards MOD–032–1, IRO–010–2, and Generator Owner to provide requested standard drafting team determined to TOP–003–3 contain provisions to help data. Similarly, Requirement R1 of develop a new version of the Reliability ensure that the entities that have the Reliability Standard TOP–003–3— Standard, proposed Reliability Standard responsibility to plan and operate the Operational Reliability Data requires the FAC–008–5, in which only Requirement Bulk Power System have the data they Transmission Operator to maintain a R7 of the currently effective standard need from Generator Owners and documented data specification would be proposed for retirement. Transmission Owners for operations (Requirement R1) and for the Reliability Standard FAC–008–3 and planning. Requirement R1 of Transmission Owner and Generator Requirement R7 requires Generator Reliability Standard MOD–032–1—Data Owner to provide the requested data Owners and Transmission Owners to for Power System Modeling and (Requirement R5). provide certain information to Analysis requires the Planning Estimate of Annual Burden: 5 The requesting Reliability Coordinator(s), Coordinator and Transmission Planner Commission estimates the burden and Planning Coordinator(s), Transmission to develop modeling data requirements cost 6 for this information collection as Planner(s), Transmission Owner(s), and and reporting procedures including the follows.

PROPOSED CHANGES TO BURDEN DUE TO DOCKET NO. RD20–4–000 ADJUSTMENTS AND CLARIFICATIONS

Annual Reliability standard & Number of respond- number of Annual number of Average burden hrs. Total annual burden requirements ents & type of entity responses per responses per response hours respondent

(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5)

RD21–4 Net Changes to FERC–725A, OMB Control No. 1902–0244

FAC–008–05 (Facility 1,003 (No Change) ..... 1 1,003 (No Change) ...... ¥10 hrs. (Reduction) .. ¥10,030 hrs. (Reduc- Ratings) 7. tion).

5 Burden is defined as the total time, effort, or 6 The Commission staff thinks that the average 7 The type of entity effect is the NERC registered financial resources expended by persons to respondent for this collection is similarly situated GO = Generator Owners (1,003). This reduction for generate, maintain, retain, or disclose or provide to the Commission, in terms of salary plus benefits. 725A represent a decrease in burden but the GOs information to or for a Federal agency. For further Based on FERC’s 2020 annual average of $172,329 still have other obligations, so the 1,003 is included explanation of what is included in the information (for salary plus benefits), the average hourly cost is for information purpose but does not affect the collection burden, refer to 5 CFR part 1320. $83/hour. overall number of entities in 725A.

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IC21–19–000 Renewal of 725A Mandatory Reliability Standards that The following table represents the fall under FERC–725A. current burden associated with all

Number of Average Number annual Total number of Total burden Reliability standard & requirement of responses number of burden hours hours entity 8 responses per per entity response

(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5)

FERC–725A

Mandatory Reliability Standards for Bulk (3,420) ...... 1 3,420 ...... 428.86 1,466,716 hrs. Power System. RD21–4 Net Changes ...... 1,003 (No change) 1 1,003 (No Change) ... ¥10 ¥10,030 hrs. (Re- duction).

Total for FERC–725A ...... 1,456,686 hrs.

Note: FAC–008–05 is a part of the DEPARTMENT OF ENERGY eComment system at http://www.ferc. Bulk Power System burden totals. The gov/docs-filing/ecomment.asp. You net changes for the responses and hours Federal Energy Regulatory must include your name and contact will affect the totals for the row stated Commission information at the end of your ‘‘Mandatory Reliability Standards for [Project No. 2242–125] comments. For assistance, please Bulk Power System’’. contact FERC Online Support at [email protected], (866) Comments: Comments are invited on: Eugene Water and Electric Board; Notice of Application Accepted for 208–3676 (toll free), or (202) 502–8659 (1) Whether the collection of Filing and Soliciting Comments, (TTY). In lieu of electronic filing, you information is necessary for the proper Motions To Intervene, and Protests may submit a paper copy. Submissions performance of the functions of the sent via the U.S. Postal Service must be Commission, including whether the Take notice that the following addressed to: Kimberly D. Bose, information will have practical utility; hydroelectric application has been filed Secretary, Federal Energy Regulatory (2) the accuracy of the agency’s estimate with the Commission and is available Commission, 888 First Street NE, Room of the burden and cost of the collection for public inspection: 1A, Washington, DC 20426. of information, including the validity of a. Application Type: Amended Submissions sent via any other carrier the methodology and assumptions used; Recreation and Aesthetics Management must be addressed to: Kimberly D. Bose, (3) ways to enhance the quality, utility Plan. Secretary, Federal Energy Regulatory b. Project No: 2242–125. and clarity of the information collection; Commission, 12225 Wilkins Avenue, c. Date Filed: January 8, 2021. and (4) ways to minimize the burden of d. Applicant: Eugene Water and Rockville, Maryland 20852. The first the collection of information on those Electric Board. page of any filing should include the who are to respond, including the use e. Name of Project: Carmen-Smith docket number P–2242–125. Comments of automated collection techniques or Hydroelectric Project. emailed to Commission staff are not other forms of information technology. f. Location: The project is located on considered part of the Commission record. Dated: April 29, 2021. the McKenzie River in Lane and Linn counties, Oregon and occupies 624.56 The Commission’s Rules of Practice Kimberly D. Bose, acres of federal lands administered by and Procedure require all intervenors Secretary. the U.S. Forest Service. filing documents with the Commission [FR Doc. 2021–09519 Filed 5–4–21; 8:45 am] g. Filed Pursuant to: Federal Power to serve a copy of that document on each person whose name appears on the BILLING CODE 6717–01–P Act, 16 U.S.C. 791a–825r. h. Applicant Contact: Scarlett official service list for the project. Philibosian, Eugene Water and Electric Further, if an intervenor files comments 8 This is a list of NERC registered entities who or documents with the Commission under 725A need to follow the NERC Standards. BA Board, 500 East 4th Avenue, Eugene, OR = Balancing Authority (99); DP = Distribution 97440; telephone (541) 685–7120; or relating to the merits of an issue that Provider (373); GP = Generator Owner (1,003); email [email protected]. may affect the responsibilities of a Generator Operator (937); PA PC Planning i. FERC Contact: Mark Ivy, (202) 502– particular resource agency, they must Authority Planning Coordinator (65); RC = 6156, or [email protected]. also serve a copy of the document on Reliability Coordinator (11); RP = Resource Planner j. Deadline for filing comments, that resource agency. (160); RSG = Reserve Sharing Group (11); FRSG = motions to intervene, and protests: June k. Description of Request: The Frequency Response Sharing Group (1); TO = Transmission Owner (321); TOP = Transmission 1, 2021. licensees filed an amended Recreation Operator (167); TP = Transmission Provided (201); The Commission strongly encourages and Aesthetics Management Plan (plan) TSP = Transmission Service Provider (71); for a electronic filing. Please file comments, which incorporates changes requested sum total of (3,420). The same entity may have motions to intervene, and protests using by the U.S. Forest Service to align the multiple registration obligation to follow under the Commission’s eFiling system at plan with current agency management 725A so an individual entity’s obligation increases http://www.ferc.gov/docs-filing/ strategies and proposes additional based on registration functions. These values were derived from the NERC Compliance data of efiling.asp. Commenters can submit modifications, for Commission February 5, 2021 using only unique United States brief comments up to 6,000 characters, approval. The recreation facilities registered entities. without prior registration, using the available at many recreation sites would

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be revised to match existing conditions, set forth their evidentiary basis. Any 20426. Hand delivered submissions in the existing and planned recreation filing made by an intervenor must be docketed proceedings should be facilities accessible to persons with accompanied by proof of service on all delivered to Health and Human disability would be updated, the persons listed in the service list Services, 12225 Wilkins Avenue, implementation schedule for developing prepared by the Commission in this Rockville, Maryland 20852. recreation facilities would be modified, proceeding, in accordance with 18 CFR In addition to publishing the full text and the public would no longer be 385.2010. of this document in the Federal Register, the Commission provides all notified of planned high flow releases in Dated: April 29, 2021. the bypass reaches. interested persons an opportunity to l. In addition to publishing the full Kimberly D. Bose, view and/or print the contents of this text of this document in the Federal Secretary. document via the internet through the Register, the Commission provides all [FR Doc. 2021–09520 Filed 5–4–21; 8:45 am] Commission’s Home Page (http:// interested persons an opportunity to BILLING CODE 6717–01–P www.ferc.gov) using the ‘‘eLibrary’’ link. view and/or print the contents of this Enter the docket number excluding the document via the internet through the last three digits in the docket number Commission’s Home Page (http:// DEPARTMENT OF ENERGY field to access the document. At this ferc.gov) using the ‘‘eLibrary’’ link. time, the Commission has suspended Federal Energy Regulatory Enter the docket number excluding the access to the Commission’s Public Commission last three digits in the docket number Reference Room, due to the field to access the document. At this [Docket No. ER21–1768–000] proclamation declaring a National time, the Commission has suspended Emergency concerning the Novel access to the Commission’s Public Light Power & Gas LLC; Supplemental Coronavirus Disease (COVID–19), issued Reference Room, due to the Notice That Initial Market-Based Rate by the President on March 13, 2020. For proclamation declaring a National Filing Includes Request for Blanket assistance, contact the Federal Energy Emergency concerning the Novel Section 204 Authorization Regulatory Commission at Coronavirus Disease (COVID–19), issued [email protected] or call This is a supplemental notice in the by the President on March 13, 2020. For toll-free, (886) 208–3676 or TYY, (202) above-referenced proceeding of Light assistance, contact FERC at 502–8659. Power & Gas LLC’s application for [email protected] or call Dated: April 29, 2021. toll-free, (886) 208–3676 or TYY, (202) market-based rate authority, with an Nathaniel J. Davis, Sr., 502–8659. Agencies may obtain copies accompanying rate tariff, noting that of the application directly from the such application includes a request for Deputy Secretary. blanket authorization, under 18 CFR applicant. [FR Doc. 2021–09479 Filed 5–4–21; 8:45 am] part 34, of future issuances of securities m. Individuals desiring to be included BILLING CODE 6717–01–P on the Commission’s mailing list should and assumptions of liability. so indicate by writing to the Secretary Any person desiring to intervene or to protest should file with the Federal of the Commission. ENVIRONMENTAL PROTECTION Energy Regulatory Commission, 888 n. Comments, Protests, or Motions to AGENCY Intervene: Anyone may submit First Street NE, Washington, DC 20426, comments, a protest, or a motion to in accordance with Rules 211 and 214 [FRL–10020–14–OMS] intervene in accordance with the of the Commission’s Rules of Practice Privacy Act of 1974; System of requirements of Rules of Practice and and Procedure (18 CFR 385.211 and Records Procedure, 18 CFR 385.210, .211, .214, 385.214). Anyone filing a motion to respectively. In determining the intervene or protest must serve a copy AGENCY: Office of Land and Emergency appropriate action to take, the of that document on the Applicant. Management (OLEM), Environmental Commission will consider all protests or Notice is hereby given that the Protection Agency (EPA). other comments filed, but only those deadline for filing protests with regard ACTION: Notice of a modified system of who file a motion to intervene in to the applicant’s request for blanket records. accordance with the Commission’s authorization, under 18 CFR part 34, of Rules may become a party to the future issuances of securities and SUMMARY: The U.S. Environmental proceeding. Any comments, protests, or assumptions of liability, is May 19, Protection Agency’s (EPA), Office of motions to intervene must be received 2021. Land and Emergency Management on or before the specified comment date The Commission encourages (OLEM) is giving notice that it proposes for the particular application. electronic submission of protests and to modify a system of records pursuant o. Filing and Service of Documents: interventions in lieu of paper, using the to the provisions of the Privacy Act of Any filing must (1) bear in all capital FERC Online links at http:// 1974. Environmental Assessments of letters the title ‘‘COMMENTS’’, www.ferc.gov. To facilitate electronic Residential Properties (EARP) is being ‘‘PROTEST’’, or ‘‘MOTION TO service, persons with internet access modified to clarify the nature of the INTERVENE’’ as applicable; (2) set forth who will eFile a document and/or be information, and the ways in which that in the heading the name of the applicant listed as a contact for an intervenor information may be used and shared and the project number of the must create and validate an with parties who are part of the application to which the filing eRegistration account using the evaluation and coordination process. responds; (3) furnish the name, address, eRegistration link. Select the eFiling This system of records contains and telephone number of the person link to log on and submit the information of individuals that is commenting, protesting or intervening; intervention or protests. collected in the course of response and and (4) otherwise comply with the Persons unable to file electronically environmental assessment actions, requirements of 18 CFR 385.2001 may mail similar pleadings to the including actions taken under a variety through 385.2005. All comments, Federal Energy Regulatory Commission, of EPA authorities. The information motions to intervene, or protests must 888 First Street NE, Washington, DC maintained under this System of

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Records Notice (SORN) is needed to for which disclosure is restricted by Docket Center services and the current support EPA’s decision-making process statute. Do not submit information that status, please visit us online at https:// on what actions may be necessary to you consider to be CUI or otherwise www.epa.gov/dockets. address potential environmental protected through www.regulations.gov. FOR FURTHER INFORMATION CONTACT: impacts at residential properties, The www.regulations.gov website is an Joseph Schaefer, Office of Land and including necessary investigation and ‘‘anonymous access’’ system for the Emergency Management (OLEM), Office cleanup activities. This information is EPA, which means the EPA will not of Superfund Remediation and collected to ensure an appropriate and know your identity or contact Technology Information (OSRTI), Mail cohesive response to situations that may information. If you submit an electronic Code 205A–ERT, Raritan Depot, 2890 require EPA response activities, and to comment, the EPA recommends that Woodbridge Avenue, Edison, NJ 08837; protect the health and welfare of you include your name and other telephone number (732) 906–6920; residents who may be affected by contact information in the body of your [email protected]. comment. If the EPA cannot read your conditions that present a potential SUPPLEMENTARY INFORMATION: EPA environmental or public health threat. comment due to technical difficulties created a Privacy Act system of records The information is maintained as and cannot contact you for clarification, to allow the agency to maintain records the EPA may not be able to consider needed for consideration and that are necessary to conduct your comment. If you send an email coordination of environmental response environmental assessments at comment directly to the EPA without activities. This information may include residential properties in order to going through www.regulations.gov, individuals’ contact information, respond to emergency situations and your email address will be information related to their address or during environmental assessment automatically captured and included as place of residence, correspondence, and activities conducted by EPA under part of the comment that is placed in the related environmental and public health many different programs including public docket and made available on the information collected in the course of Superfund (42 U.S.C. 9601 et seq.), the internet. Electronic files should avoid investigation, sampling, and cleanup Resource Conservation and Recovery work, as described in further detail the use of special characters, any form of encryption, and be free of any defects Act (42 U.S.C. 6901 et seq.), and the below. All exemptions and provisions Safe Drinking Water Act (42 U.S.C. 300f included in the previously published or viruses. For additional information about the EPA public docket, visit the et seq.). This system of records promotes SORN for EARP will transfer to the transparency, efficiency, and improved modified SORN for EARP. EPA Docket Center homepage at https:// www.epa.gov/dockets. environmental and health outcomes by DATES: Persons wishing to comment on Docket: All documents in the docket encompassing all records associated this system of records notice must do so are listed in the www.regulations.gov with EPA residential assessment and by June 4, 2021. New routine uses for index. Although listed in the index, response work, including the database this modified system of records will be some information is not publicly repositories, field documentation, and effective June 4, 2021. available, e.g., CUI or other information analytical reports. ADDRESSES: Submit your comments, for which disclosure is restricted by The original notice highlighted that identified by Docket ID No. EPA–HQ– statute. Certain other material, such as EPA is often required to support or work OLEM–2021–0038, by one of the copyrighted material, will be publicly closely with state and local agencies or following methods: available only in hard copy. Publicly other federal agencies evaluating the Federal eRulemaking Portal: available docket materials are available health and welfare of affected www.regulations.gov. Follow the online either electronically in communities. This cooperation and instructions for submitting comments. www.regulations.gov or in hard copy at coordination also extends to tribes and _ Email: docket [email protected]. Include the OMS Docket, EPA/DC, WJC West tribal agencies. the Docket ID number in the subject line Building, Room 3334, 1301 Constitution The original notice included a list of of the message. Ave. NW, Washington. DC 20460. The the types of information commonly Fax: 202–566–1752. Public Reading Room is normally open gathered in environmental assessments Mail: OMS Docket, Environmental from 8:30 a.m. to 4:30 p.m., Monday and responses, including: Names of Protection Agency, Mail Code: 2822T, through Friday excluding legal holidays. residents; address information; phone 1200 Pennsylvania Ave. NW, The telephone number for the Public number or other contact information; Washington, DC 20460. Reading Room is (202) 566–1744, and test results from environmental Hand Delivery: OMS Docket, EPA/DC, the telephone number for the OMS sampling; information about the WJC West Building, Room 3334, 1301 Docket is (202) 566–1752. building structure, such as the age of the Constitution Ave. NW, Washington, DC structure, information about the service 20460. Such deliveries are only Temporary Hours During COVID–19 lines, plumbing and pipe information, accepted during the Docket’s normal Out of an abundance of caution for and building materials in the structure; hours of operation, and special members of the public and our staff, the information about the length of arrangements should be made for EPA Docket Center and Reading Room residence or ownership of the structure; deliveries of boxed information. are closed to the public, with limited and geographic information system Instructions: Direct your comments to exceptions, to reduce the risk of (GIS) coordinates. This modified notice Docket ID No. EPA–HQ–OLEM–2021– transmitting COVID–19. Our Docket provides further examples of typical 0038. The EPA’s policy is that all Center staff will continue to provide types of information that may be comments received will be included in remote customer service via email, gathered: Age; medical and health the public docket without change and phone, and webform. We encourage the information; property ownership and may be made available online at public to submit comments via https:// property management information; www.regulations.gov, including any www.regulations.gov/ or email, as there information about physical dimensions personal information provided, unless may be a delay in processing mail and of the property and structures present the comment includes information faxes. Hand deliveries and couriers may on the property; information about wells claimed to be Controlled Unclassified be received by scheduled appointment on the property; information about how Information (CUI) or other information only. For further information on EPA the property is used; information about

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sampling locations; and information OLEM, 1200 Pennsylvania Ave. NW, residential properties include: about prior environmental issues at the Mail Code 5103 T, Washington, DC Obtaining and tracking legal access to property, including prior test results 20460. Information maintained pursuant the properties; gathering environmental and actions taken. Other site-specific to this notice may be located at EPA data through sampling activities, such data elements may also be collected if Headquarters Offices or at EPA Regional as sampling air, water, soil, or other needed for the environmental Offices, or at field offices established as environmental media at sites; collecting assessment or response activity. part of the residential assessment field structural information such as the age of As described in more detail in the work, depending upon the location the structure, information about the original notice, information and data where the environmental assessment is service lines, plumbing and pipe collected in environmental assessments conducted or where computer resources information, and building materials in and responses will generally be stored are located. Databases may be hosted at the structure, information about the in an agency-approved electronic the EPA’s National Computer Center length of residence or ownership of the database, which will be managed by located at 109 T.W. Alexandra Drive, structure, and GIS coordinates; and EPA system administrators. Other Durham, NC 27709, or in OLEM’s collecting residential contact associated records may also be stored in emergency response cloud hosting information such as name, address, and other agency-approved electronic or environment. phone number to allow response teams paper formats, such as Microsoft Excel to correspond with individuals affected spreadsheets, Microsoft Word SYSTEM MANAGER(S): by environmental contamination. documents or tables, or in file folders in Joseph Schaefer, Office of Land and secure locations. During the course of Emergency Management (OLEM), Office CATEGORIES OF INDIVIDUALS COVERED BY the assessment and response, records of Superfund Remediation and SYSTEM: may also be temporarily stored off site Technology Information (OSRTI), Mail Members of the public such as in secure facilities such as incident Code 205A–ERT, Raritan Depot, 2890 residents, property owners, property command posts or EPA field offices Woodbridge Avenue, Edison, NJ 08837; managers, and other individuals who which are maintained and secured by telephone number (732) 906–6920; may be associated with a property EPA staff. [email protected]. whose information needs to be collected The original notice identified the EPA AUTHORITY FOR MAINTENANCE OF THE SYSTEM: as part of EPA’s environmental staff and contractors who might have Resource Conservation and Recovery assessment and response activities. In access to the information in the system Act (RCRA), 42 U.S.C. 6981; addition, EPA staff, contractors, of records. The notice also stated that in Comprehensive Environmental grantees, or any other individuals appropriate circumstances, limited Response, Compensation and Liability engaged in response activities access to the database systems may be Act (CERCLA), 42 U.S.C. 9604, 9660; (including state, local, and tribal provided to state and local public health Clean Air Act (CAA), 42 U.S.C. 7403; employees) may have their information authorities in conformity with federal, Safe Drinking Water Act (SDWA), 42 in the system such as name, office state, and local laws when necessary to U.S.C. 300i; 300j–1; Federal Water address, and contact information to protect the environment or public Pollution Control Act, (FWPCA) 33 facilitate assessment and response health or safety. To clarify and U.S.C. 1254, 1318, 1321; Toxic activities. emphasize the value of inter- Substances Control Act (TSCA), 15 governmental coordination and CATEGORIES OF RECORDS IN THE SYSTEM: U.S.C. 2609; Federal Insecticide, communication, the original notice is Fungicide, and Rodenticide Act, The types of data collected in now modified to allow for disclosure to (FIFRA) 7 U.S.C. 136r. environmental assessments and any appropriate federal, state, local, and responses include names of residents; tribal authorities when necessary to PURPOSE(S) OF THE SYSTEM: names of property owners; tenant protect the environment or public The EPA has created a Privacy Act information; names of property health or safety, including carrying out system of records to allow EPA to managers; address information; phone an investigation or response. maintain records that are necessary to number or other contact information; Information may also be shared with conduct environmental assessments at test results from environmental state agencies and with the public as residential properties in order to sampling; medical and health part of their participation in the respond to emergency situations and information; information about Superfund evaluation and decision- during environmental assessment residential structures such as the age of making process. This may include activities conducted by EPA under the structure, information about the public disclosure of addresses where many different programs including service lines, plumbing and pipe EPA determines cleanup actions are Superfund, RCRA, and the SDWA. This information, and building materials in required. In cases of emergency, EPA system of records promotes the structure; information about the may also need to share information with transparency, efficiency, and improved length of residence or ownership of the members of the public to assure environmental and health outcomes by structure; GIS coordinates; age; property protection of the environment, and encompassing all of the records ownership and management public health and safety. associated with EPA residential information; information about physical SYSTEM NAME AND NUMBER: assessment and response work, dimensions of the property and including the database repositories, structures present on the property; Environmental Assessments of field documentation and analytical information about wells on the property; Residential Properties (EARP), EPA–74. reports. Over the course of these information about uses of the property; SECURITY CLASSIFICATION: assessments EPA is often required to information about sampling locations; Unclassified. support or work closely with state and and information about prior local agencies or other federal agencies environmental issues at the property, SYSTEM LOCATION: to evaluate the health and welfare of including prior test results and actions The system will be managed by the affected communities. EPA’s taken. Other site-specific data elements EPA’s Office of Emergency Response, environmental assessment activities at may also be collected if needed for the

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environmental assessment or emergency congressional office from the record of L. Disclosure to Persons or Entities in response activity. an individual in response to an inquiry Response to an Actual or Suspected from the congressional office made at Breach of Personally Identifiable RECORD SOURCE CATEGORIES: the request of the individual. Information: To appropriate agencies, Records within this system of records F. Disclosure to Department of Justice: entities, and persons when (1) the are obtained by EPA employees, Information may be disclosed to the Agency suspects or has confirmed that contractors, or grantees collecting Department of Justice, or in a there has been a breach of the system of environmental assessment data and proceeding before a court, adjudicative records, (2) the Agency has determined sample information at residential sites, body, or other administrative body that as a result of the suspected or or from state or local governments who before which the Agency is authorized have collected environmental confirmed breach there is a risk of harm to appear, when: to individuals, the Agency (including its assessment information as part of their 1. The Agency, or any component response authorities. Environmental information systems, programs, and thereof; operations), the Federal Government, or assessment data is received from 2. Any employee of the Agency in his national security; and (3) the disclosure interviews with residents, property or her official capacity; owners, property managers, and other 3. Any employee of the Agency in his made to such agencies, entities, and individuals who may be associated with or her individual capacity where the persons is reasonably necessary to assist a property, local public records such as Department of Justice or the Agency in connection with the Agency’s efforts property tax data, from inspections of have agreed to represent the employee; to respond to the suspected or residential properties, from residential or confirmed breach or to prevent, property records or other public records, 4. The United States, if the Agency minimize, or remedy such harm. and from other on-site sources such as determines that litigation is likely to M. Disclosure to Assist Another EPA or contracted laboratories and EPA affect the Agency or any of its Agency in Its Efforts to Respond to a or contracted GIS systems. components, Breach of Personally Identifiable Is a party to litigation or has an ROUTINE USES OF RECORDS MAINTAINED IN THE Information: To another Federal agency SYSTEM, INCLUDING CATEGORIES OF USERS AND interest in such litigation, and the use or Federal entity, when the Agency PURPOSES OF SUCH USES: of such records by the Department of determines that information from this The routine uses below are both Justice or the Agency is deemed by the system of records is reasonably related to and compatible with the Agency to be relevant and necessary to necessary to assist the recipient agency original purpose for which the the litigation provided, however, that in or entity in (1) responding to a information was collected. The each case it has been determined that suspected or confirmed breach or (2) following general routine uses apply to the disclosure is compatible with the preventing, minimizing, or remedying this system (73 FR 2245): purpose for which the records were the risk of harm to individuals, the A. Disclosure for Law Enforcement collected. recipient agency or entity (including its G. Disclosure to the National Purposes: Information may be disclosed information systems, programs, and Archives: Information may be disclosed to the appropriate Federal, State, local, operations), the Federal Government, or to the National Archives and Records tribal, or foreign agency responsible for national security, resulting from a Administration in records management investigating, prosecuting, enforcing, or suspected or confirmed breach. implementing a statute, rule, regulation, inspections. or order, if the information is relevant H. Disclosure to Contractors, Grantees, and Others: Information may POLICIES AND PRACTICES FOR STORAGE OF to a violation or potential violation of RECORDS: civil or criminal law or regulation be disclosed to contractors, grantees, within the jurisdiction of the receiving consultants, or volunteers performing or These records are maintained entity. working on a contract, service, grant, electronically on computer storage B. Disclosure Incident to Requesting cooperative agreement, job, or other devices such as computer tapes and Information: Information may be activity for the Agency and who have a disks. The computer storage devices are disclosed to any source from which need to have access to the information located at EPA, Office of Emergency additional information is requested (to in the performance of their duties or Response, OLEM. Backup will be the extent necessary to identify the activities for the Agency. When maintained at a disaster recovery site. individual, inform the source of the appropriate, recipients will be required Computer records are maintained in a purpose of the request, and to identify to comply with the requirements of the secure password protected environment. the type of information requested,) Privacy Act of 1974 as provided in 5 Access to computer records is limited to when necessary to obtain information U.S.C. 552a(m). those who have a need to know. relevant to an agency decision K. Disclosure in Connection With Permission level assignments will allow concerning retention of an employee or Litigation: Information from this system users access only to those functions for other personnel action (other than of records may be disclosed in which they are authorized. All records hiring,) retention of a security clearance, connection with litigation or settlement are maintained in secure, access- the letting of a contract, or the issuance discussions regarding claims by or controlled areas or buildings. or retention of a grant, or other benefit. against the Agency, including public D. Disclosure to Office of Management filing with a court, to the extent that POLICIES AND PRACTICES FOR RETRIEVAL OF and Budget: Information may be disclosure of the information is relevant RECORDS: disclosed to the Office of Management and necessary to the litigation or and Budget at any stage in the discussions and except where court Information may be retrieved by any legislative coordination and clearance orders are otherwise required under collected data element, such as a process in connection with private relief section (b)(11) of the Privacy Act of resident’s name or address, or legislation as set forth in OMB Circular 1974, 5 U.S.C. 552a(b)(11). information may be retrieved by GIS No. A–19. The two routine uses below (L and M) coordinates or by identifying numbers E. Disclosure to Congressional Offices: are required by OMB Memorandum M– assigned to a person, sampling location, Information may be disclosed to a 17–12. or residence.

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POLICIES AND PRACTICES FOR RETENTION AND and the corrective action sought. identification (ID) number EPA–HQ– DISPOSAL OF RECORDS: Complete EPA Privacy Act procedures OPP–2016–0141, by one of the Records maintained in this system are are described in EPA’s Privacy Act following methods: subject to record schedule 1036, which regulations at 40 CFR part 16. Federal eRulemaking Portal: http:// is still being finalized. www.regulations.gov. Follow the online NOTIFICATION PROCEDURE: instructions for submitting comments. ADMINISTRATIVE, TECHNICAL, AND PHYSICAL Any individual who wants to know SAFEGUARDS: Do not submit electronically any whether this system of records contains information you consider to be Security controls used to protect a record about him or her, should make Confidential Business Information (CBI) personal sensitive data in a written request to the EPA, Attn: or other information whose disclosure is Environmental Assessments of Agency Privacy Officer, MC 2831T, Residential Properties are restricted by statute. 1200 Pennsylvania Ave. NW, Mail: OPP Docket, Environmental commensurate with those required for Washington, DC 20460, privacy@ Protection Agency Docket Center (EPA/ an information system rated epa.gov. DC), (28221T), 1200 Pennsylvania Ave. MODERATE for confidentiality, NW, Washington, DC 20460–0001. integrity, and availability, as prescribed EXEMPTIONS PROMULGATED FOR THE SYSTEM : Hand Delivery: To make special in National Institute of Standards and None. arrangements for hand delivery or Technology (NIST) Special Publication, delivery of boxed information, please 800–53, ‘‘Security and Privacy Controls HISTORY: follow the instructions at http:// for Federal Information Systems and The original SORN for the EARP www.epa.gov/dockets/contacts.html. Organizations,’’ Revision 5. (EPA–74) was published in the Federal Due to the public health concerns Administrative Safeguards: For Register on April 21, 2016 (81 FR related to COVID–19, the EPA Docket documents in EPA database systems, 23488–23490). those systems have a single point of Center (EPA/DC) and Reading Room is access via a front-end Portal. All users Vaughn Noga, closed to visitors with limited are required to complete a new user Senior Agency Official for Privacy. exceptions. The staff continues to provide remote customer service via form (signed by their supervisor) and [FR Doc. 2021–09403 Filed 5–4–21; 8:45 am] email, phone, and webform. For the take online security training before they BILLING CODE 6560–50–P are provided with access. All authorized latest status information on EPA/DC users of the EARP application are services and docket access, visit https:// required to take an annual security ENVIRONMENTAL PROTECTION www.epa.gov/dockets. training identifying the user’s role and AGENCY FOR FURTHER INFORMATION CONTACT: Kent Fothergill, Pesticide Re-Evaluation responsibilities for protecting the [EPA–HQ–OPP–2016–0141; FRL–10023–39] Agency’s information resources, as well Division (7508P), Office of Pesticide as, consequences for not adhering to the Notice of Requests to Voluntarily Programs, Environmental Protection policy. Similarly, those documents Cancel Uses for Dicloran (DCNA) Agency, 1200 Pennsylvania Ave. NW, maintained on Agency computers prior Washington, DC 20460–0001; telephone to placement in EARP are protected by AGENCY: Environmental Protection number: (703) 347–8299; email address: passwords and/or Personal Identity Agency (EPA). [email protected]. Verification, and all agency users are ACTION: Notice. SUPPLEMENTARY INFORMATION: required to complete a new user form I. General Information (signed by their supervisor) and take SUMMARY: In accordance with the computer security training. Federal Insecticide, Fungicide, and A. Does this action apply to me? Technical Safeguards: Electronic Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by This action is directed to the public records are maintained in a secure, in general, and may be of interest to a password protected electronic system. registrants to voluntarily cancel certain dicloran (DCNA) registrations. EPA wide range of stakeholders including Physical Safeguards: Paper files are environmental, human health, and maintained in locked file cabinets when intends to grant these requests at the close of the comment period for this agricultural advocates; the chemical not in use by EPA emergency response industry; pesticide users; and members staff. All records are maintained in announcement unless the Agency receives substantive comments within of the public interested in the sale, secure, access-controlled areas or distribution, or use of pesticides. buildings. the comment period that would merit its further review of the requests, or unless B. How can I get copies of this document RECORD ACCESS PROCEDURES: the registrants withdraw its requests. If and other related information? Individuals seeking access to these requests are granted, any sale, information in this system of records The docket for this action, identified distribution, or use of products listed in by docket ID number EPA–HQ–OPP– about themselves are required to this notice will be permitted after the provide adequate identification (e.g., 2016–0141, is available either registrations have been cancelled only if electronically through http:// driver’s license, military identification such sale, distribution, or use is card, employee badge or identification www.regulations.gov or in hard copy at consistent with the terms as described the OPP Docket in the Environmental card). Additional identity verification in the final order. procedures may be required, as Protection Agency Docket Center (EPA/ DATES: Comments must be received on DC), West William Jefferson Clinton warranted. Requests must meet the or before June 4, 2021. requirements of EPA regulations that Bldg., Rm. 3334, 1301 Constitution Ave. Users of these products who desire NW, Washington, DC 20460–0001. Due implement the Privacy Act of 1974, at continued use on crops or sites being 40 CFR part 16. to the public health concerns related to deleted should contact the applicable COVID–19, the EPA Docket Center CONTESTING RECORDS PROCEDURES: registrant on or before June 4, 2021. (EPA/DC) and Reading Room is closed Requests for correction or amendment ADDRESSES: Submit your withdrawal to visitors with limited exceptions. The must identify the record to be changed request, identified by docket staff continues to provide remote

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customer service via email, phone, and to delete uses in certain pesticide that there are substantive comments that webform. For the latest status registrations. These registrations are warrant further review of this request, information on EPA/DC services and listed in Table 1 of this unit by EPA intends to issue an order in the docket access, visit https:// registration number, product name, Federal Register canceling the affected www.epa.gov/dockets. active ingredient, and specific uses registrations. II. What action is the Agency taking? deleted. This notice announces receipt by the Unless a request is withdrawn by the Agency of applications from registrants registrant or if the Agency determines

TABLE 1—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

EPA registration No. Product name Active ingredient Delete from label

10163–189 ...... Botran 75-W Fungicide ...... Dicloran ...... Geraniums and hydrangeas. 10163–195 ...... Botran Technical ...... Dicloran ...... Geraniums and hydrangeas. 10163–226 ...... Botran 5F Fungicide ...... Dicloran ...... Geraniums and hydrangeas. 10163–329 ...... Botran P 5F Fungicide ...... Dicloran ...... Geraniums and hydrangeas.

Table 2 of this unit includes the Table 1 of this unit, in sequence by EPA names and addresses of record for all company number. registrants of the products listed in

TABLE 2—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION

EPA company No. Company name and address

10163 ...... Gowan Company, P.O. Box 5569, Yuma, AZ 85366–5569.

III. What is the Agency’s authority for IV. Procedures for Withdrawal of identified in Table 1 of Unit II, except taking this action? Request for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper Section 6(f)(1) of FIFRA (7 U.S.C. Registrants who choose to withdraw a request for use deletion must submit the disposal. 136d(f)(1)) provides that a registrant of Persons other than the registrant may a pesticide product may at any time withdrawal in writing to the person listed under FOR FURTHER INFORMATION sell, distribute, or use existing stocks of request that any of its pesticide the canceled products until supplies are registrations be amended to delete one CONTACT using the methods in ADDRESSES. If the products have been exhausted, provided that such sale, or more uses. FIFRA further provides distribution, or use is consistent with that, before acting on the request, EPA subject to a previous cancellation action, the effective date of cancellation the terms of the previously approved must publish a notice of receipt of any labeling on, or that accompanied, the such request in the Federal Register. and all other provisions of any earlier cancellation action are controlling. canceled products. Section 6(f)(1)(B) of FIFRA (7 U.S.C. Authority: 7 U.S.C. 136 et seq. 136d(f)(1)(B)) requires that before acting V. Provisions for Disposition of Existing Dated: April 28, 2021. on a request for voluntary cancellation, Stocks Mary Reaves, EPA must provide a 30-day public Existing stocks are those stocks of comment period on the request for registered pesticide products that are Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. voluntary cancellation or use currently in the United States and that termination. In addition, FIFRA section were packaged, labeled, and released for [FR Doc. 2021–09485 Filed 5–4–21; 8:45 am] 6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) shipment prior to the effective date of BILLING CODE 6560–50–P requires that EPA provide a 180-day the cancellation action. comment period on a request for In any order issued in response to ENVIRONMENTAL PROTECTION voluntary cancellation or termination of these requests for cancellation of AGENCY any minor agricultural use before product registrations EPA proposes to granting the request, unless: include the following provisions for the [FRL–10022–04–OAR] 1. The registrants request a waiver of treatment of any existing stocks of the products listed in Table 1 of Unit II. the comment period, or Disclosure of Information Claimed as, For all voluntary product or Determined by EPA To Be, 2. The EPA Administrator determines cancellations, listed in Table 1 of Unit Confidential Business Information in that continued use of the pesticide II, the registrants will be permitted to Renewable Fuel Standard (RFS) Small would pose an unreasonable adverse sell and distribute existing stocks of Refinery Exemption Petitions and All effect on the environment. voluntarily canceled products for 1 year RFS Related Information in EPA’s The registrants listed in Table 2 of after the effective date of the Moderated Transaction System (EMTS) Unit II have requested that EPA waive cancellation, which will be the date of the 180-day comment period. publication of the cancellation order in AGENCY: Environmental Protection Accordingly, EPA will provide a 30-day the Federal Register. Thereafter, Agency (EPA). comment period on the proposed registrants will be prohibited from ACTION: Notice. requests. selling or distributing the products

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SUMMARY: The U.S. Environmental the start of the program through the information collection, as required by Protection Agency (‘‘EPA’’ or ‘‘Agency’’) present. The information that will be the Paperwork Reduction Act of 1995. is providing notice of disclosure to all disclosed to GAO includes all DATES: Comments should be received on obligated parties under the Renewable documents, information, and data or before July 6, 2021 to be assured of Fuel Standard (‘‘RFS’’) program that related to all small refinery exemption consideration. have petitioned for a small refinery petitions received by EPA from the start ADDRESSES: Comments may be exemption and to all parties whose RFS of the RFS program through the present. submitted electronically on information otherwise resides in EPA’s These records include, but are not www.Regulations.gov or by mail to Moderated Transaction System limited to: (a) All materials submitted Donna Schneider, Export-Import Bank (‘‘EMTS’’). In response to a request by by the small refineries as part of its of the United States, 811 Vermont Ave. the U.S. Government Accountability petition; (b) any documentation sent by NW, Washington, DC 20571. Office (‘‘GAO’’), EPA will disclose the Department of Energy (‘‘DOE’’) to The form can be viewed at: https:// information to GAO which has been EPA stating DOE’s findings and score www.exim.gov/sites/default/files/pub/ submitted to the Agency that is claimed associated with the petition; (c) any pending/eib11-04.pdf. to be, or has been determined to be, analysis that EPA conducted in addition FOR FURTHER INFORMATION CONTACT: To confidential business information to DOE’s findings; and (d) EPA’s final request additional information, please (collectively ‘‘CBI’’). The information to exemption decision sent to the refinery. Donna Schneider. 202–565–3612. be disclosed includes all documents, The request also includes all RFS SUPPLEMENTARY INFORMATION: This information, and data related to all related transaction-level data contained collection of information is necessary, small refinery exemption petitions in EPA’s Moderated Transaction System pursuant to 12 U.S.C. 635(a)(1), to received by EPA from the start of the (‘‘EMTS’’), including Renewable determine eligibility of the export sales RFS program through the present. These Identification Number (‘‘RIN’’) for insurance coverage. The Report of records include, but are not limited to: transactions under the RFS. This notice Premiums Payable for Financial (a) All materials submitted by the small is being provided pursuant to 40 CFR Institutions Only is used to determine refineries as part of its petition; (b) any 2.209(b)(2) to inform potentially affected the eligibility of the shipment(s) and to documentation sent by the Department businesses that EPA intends to transmit calculate the premium due to Ex-Im of Energy (‘‘DOE’’) to EPA stating DOE’s certain documents, which may contain Bank for its support of the shipment(s) findings and score(s) associated with the information submitted by oil refiners under its insurance program. Export- petition(s) and any EPA responses and refineries, or any company Import Bank customers will be able to thereto; (c) any EPA record addressing associated therewith, that is claimed to submit this form on paper or the subject of the exemption petition(s), be, or has been determined to be, electronically. including any analysis that EPA confidential business information This form will enable EXIM to conducted in addition to DOE’s (collectively ‘‘CBI’’) to GAO in response identify the specific details of the findings; and (d) EPA’s final exemption to its request for information. The proposed co-financing transaction decision sent to the refinery. EPA also disclosure of CBI is limited to GAO and between a U.S. exporter, EXIM, and a intends to disclose to GAO all RFS further disclosure is generally restricted foreign export credit agency; the related transaction-level data contained by 31 U.S.C. 716(e) and subject to information collected includes vital in EMTS, including Renewable criminal penalties under 18 U.S.C. 1905. facts such as the amount of U.S.-made Identification Number (‘‘RIN’’) Any objections to EPA’s disclosure must content in the export, the amount of transactions under the RFS. This be raised within 15 calendar days from financing requested from EXIM, and the information is being produced to GAO publication of this notice. proposed financing amount from the pursuant to EPA’s regulations pertaining Dated: April 29, 2021. foreign export credit agency. These to disclosure. details are necessary for approving this Byron Bunker, DATES: EPA will disclose the material unique transaction structure and discussed in this document to GAO, Director, Compliance Division, Office of coordinating our support with that of Transportation and Air Quality, Office of Air including any CBI therein, no later than and Radiation. the foreign export credit agency to 16 calendar days after publication of ultimately complete the transaction and [FR Doc. 2021–09467 Filed 5–4–21; 8:45 am] this notice in the Federal Register. All support U.S. exports—and U.S. jobs. CBI-claimed documents will be BILLING CODE 6560–50–P Titles and Form Number: EIB11–04, destroyed, deleted, or returned to EPA Co-Financing with Foreign Export at the conclusion of GAO’s review. Credit Agency. EXPORT-IMPORT BANK FOR FURTHER INFORMATION CONTACT: OMB Number: 3048–0037. Karen Nelson, Environmental Protection [Public Notice: 2021–6008] Type of Review: Regular. Need and Use: The information Specialist, Compliance Division, Office collected will provide information of Transportation and Air Quality at Agency Information Collection needed to determine compliance and [email protected] or (734) 214– Activities: Final Collection; Comment creditworthiness for transaction 4362. Request requests submitted to the Export Import SUPPLEMENTARY INFORMATION: AGENCY: Export-Import Bank of the Bank under its insurance, guarantee, United States. I. Background and direct loan programs. ACTION: Submission for OMB review and Affected Public: This form affects In connection with a review by the comments request. entities involved in the export of U.S. U.S. Government Accountability Office goods and services. (‘‘GAO’’), the U.S. Environmental SUMMARY: The Export-Import Bank of Annual Number of Respondents: 60. Protection Agency (‘‘EPA’’ or ‘‘Agency’’) the United States (EXIM), as a part of its Estimated Time per Respondent: 15 received a request under 40 CFR continuing effort to reduce paperwork minutes. 2.209(b) from GAO for records and respondent burden, invites the Annual Burden Hours: 15 hours. submitted to EPA under the Renewable general public and other Federal Frequency of Reporting or Use: As Fuel Standard (‘‘RFS’’) program from Agencies to comment on the proposed needed.

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Government Expenses: payment from EXIM by the submission information on the respondents, Reviewing Time per Year: 15 hours. of a claim. including the use of automated Average Wages per Hour: $42.50. Title and Form Number: EIB 10–05 collection techniques or other forms of Average Cost per Year: $637.50 (time Notice of Claim and Proof of Loss, information technology; and ways to * wages). Medium Term Guarantee. further reduce the information Benefits and Overhead: 20%. OMB Number: 3048–0034. collection burden on small business Total Government Cost: $765. Type of Review: Regular. concerns with fewer than 25 employees. Need and Use: This collection of The FCC may not conduct or sponsor Bassam Doughman, information is necessary, pursuant to 12 a collection of information unless it IT Specialist. U.S.C. 635(a)(1), to determine if such displays a currently valid Office of [FR Doc. 2021–09395 Filed 5–4–21; 8:45 am] claim complies with the terms and Management and Budget (OMB) control BILLING CODE 6690–01–P conditions of the relevant guarantee. number. No person shall be subject to Affected Public: This form affects any penalty for failing to comply with entities involved in the export of U.S. a collection of information subject to the EXPORT-IMPORT BANK goods and services. PRA that does not display a valid OMB [Public Notice: 2021–6007] Annual Number of Respondents: 65. control number. 1 Estimated Time per Respondent: 1 ⁄2 DATES: Written PRA comments should Agency Information Collection hours. be submitted on or before July 6, 2021. Activities: Comment Request Annual Burden Hours: 97.5 hours. If you anticipate that you will be Frequency of Reporting of Use: As submitting comments but find it AGENCY: Export-Import Bank of the needed to request a claim payment. United States. difficult to do so within the period of Government Expenses: time allowed by this notice, you should ACTION: Submission for OMB review and Reviewing time per year: 65 hours. advise the contact listed below as soon comments request. Average Wages per Hour: $42.50. as possible. Average Cost per Year: $2,762 (time * SUMMARY: The Export-Import Bank of wages). ADDRESSES: Direct all PRA comments to the United States (EXIM), as part of its Benefits and Overhead: 20%. Cathy Williams, FCC, via email to PRA@ continuing effort to reduce paperwork Total Government Cost: $3,315. fcc.gov and to [email protected]. and respondent burden, invites the FOR FURTHER INFORMATION CONTACT: For general public and other Federal Bassam Doughman, additional information about the Agencies to comment on the proposed IT Specialist. information collection, contact Cathy information collection, as required by [FR Doc. 2021–09393 Filed 5–4–21; 8:45 am] Williams at (202) 418–2918. the Paperwork Reduction Act of 1995. BILLING CODE 6690–01–P SUPPLEMENTARY INFORMATION: DATES: Comments must be received on OMB Control Number: 3060–0180. or before July 6, 2021 to be assured of Title: Section 73.1610, Equipment consideration. FEDERAL COMMUNICATIONS Tests. ADDRESSES: Comments may be COMMISSION Form Number: N/A. submitted electronically on [OMB 3060–0180; FRS 24362] Type of Review: Extension of a www.Regulations.Gov or by mail to currently approved collection. Donna Schneider, Export-Import Bank Information Collection Being Reviewed Respondents: Business or other for- of the United States, 811 Vermont Ave. by the Federal Communications profit entities; Not-for-profit NW, Washington, DC 20571. Commission Under Delegated institutions. The information collection tool can be Authority Number of Respondents and reviewed at: https://www.exim.gov/ Responses: 500 respondents; 500 sites/default/files/pub/pending/eib10- AGENCY: Federal Communications responses. 05.pdf. Commission. Estimated Hours per Response: 0.5 ACTION: Notice and request for hours. FOR FURTHER INFORMATION CONTACT: To comments. Frequency of Response: On occasion request additional information, please reporting requirement. Donna Schneider. 202–565–3612. SUMMARY: As part of its continuing effort Total Annual Burden: 250 hours. SUPPLEMENTARY INFORMATION: Pursuant to reduce paperwork burdens, and as Total Annual Cost: None. to the Export-Import Bank Act of 1945, required by the Paperwork Reduction Obligation to Respond: Required to as amended (12 U.S.C. 635, et seq.), the Act of 1995 (PRA), the Federal obtain or retain benefits. The statutory Export-Import Bank of the United States Communications Commission (FCC or authority for this collection is contained (EXIM), facilitates the finance of the Commission) invites the general public in Section 154(i) of the Communications export of U.S. goods and services by and other Federal agencies to take this Act of 1934, as amended. providing insurance or guarantees to opportunity to comment on the Nature and Extent of Confidentiality: U.S. exporters or lenders financing U.S. following information collections. There is no need for confidentiality with exports. By neutralizing the effect of Comments are requested concerning: this collection of information. export credit insurance or guarantees Whether the proposed collection of Privacy Impact Assessment: No offered by foreign governments and by information is necessary for the proper impact(s). absorbing credit risks that the private performance of the functions of the Needs and Uses: The information sector will not accept, EXIM enables Commission, including whether the collection requirements contained in 47 U.S. exporters to compete fairly in information shall have practical utility; CFR 73.1610 require the permittee of a foreign markets on the basis of price and the accuracy of the Commission’s new broadcast station to notify the FCC product. In the event that a borrower burden estimate; ways to enhance the of its plans to conduct equipment tests defaults on a transaction insured or quality, utility, and clarity of the for the purpose of making adjustments guaranteed by EXIM, the insured or information collected; ways to minimize and measurements as may be necessary guaranteed exporter or lender may seek the burden of the collection of to assure compliance with the terms of

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the construction permit and applicable Board of Governors of the Federal Reserve and John H. Young 2020 Trust, and engineering standards. FCC staff use the System, April 30, 2021. thereby indirectly acquire voting shares data to assure compliance with the Michele Taylor Fennell, of Central Bank, all of Houston, Texas, terms of the construction permit and Deputy Associate Secretary of the Board. and to become a member of the Young applicable engineering standards. [FR Doc. 2021–09487 Filed 5–4–21; 8:45 am] Family Control Group, a group acting in Federal Communications Commission. BILLING CODE 6210–01–P concert. C. Federal Reserve Bank of Richmond Marlene Dortch, (Adam M. Drimer, Assistant Vice Secretary, Office of the Secretary. FEDERAL RESERVE SYSTEM President) 701 East Byrd Street, [FR Doc. 2021–09509 Filed 5–4–21; 8:45 am] Richmond, Virginia 23219. Comments BILLING CODE 6712–01–P Change in Bank Control Notices; can also be sent electronically to Acquisitions of Shares of a Bank or [email protected]: Bank Holding Company 1. Kenneth R. Lehman, Fort Lauderdale, Florida; to acquire voting The notificants listed below have FEDERAL RESERVE SYSTEM shares of Affinity Bancshares, Inc., and applied under the Change in Bank thereby indirectly acquire voting shares Formations of, Acquisitions by, and Control Act (Act) (12 U.S.C. 1817(j)) and of Affinity Bank, both of Covington, Mergers of Bank Holding Companies § 225.41 of the Board’s Regulation Y (12 Georgia. CFR 225.41) to acquire shares of a bank The companies listed in this notice or bank holding company. The factors Board of Governors of the Federal Reserve have applied to the Board for approval, that are considered in acting on the System, April 29, 2021. pursuant to the Bank Holding Company applications are set forth in paragraph 7 Michele Taylor Fennell, Act of 1956 (12 U.S.C. 1841 et seq.) of the Act (12 U.S.C. 1817(j)(7)). Deputy Associate Secretary of the Board. (BHC Act), Regulation Y (12 CFR part The public portions of the [FR Doc. 2021–09405 Filed 5–4–21; 8:45 am] 225), and all other applicable statutes applications listed below, as well as BILLING CODE P and regulations to become a bank other related filings required by the holding company and/or to acquire the Board, if any, are available for assets or the ownership of, control of, or immediate inspection at the Federal FEDERAL RESERVE SYSTEM the power to vote shares of a bank or Reserve Bank(s) indicated below and at bank holding company and all of the the offices of the Board of Governors. Agency Information Collection banks and nonbanking companies This information may also be obtained Activities: Announcement of Board owned by the bank holding company, on an expedited basis, upon request, by Approval Under Delegated Authority including the companies listed below. contacting the appropriate Federal and Submission to OMB The public portions of the Reserve Bank and from the Board’s applications listed below, as well as AGENCY: Board of Governors of the Freedom of Information Office at Federal Reserve System. other related filings required by the https://www.federalreserve.gov/foia/ SUMMARY: Board, if any, are available for request.htm. Interested persons may The Board of Governors of the immediate inspection at the Federal express their views in writing on the Federal Reserve System (Board) is Reserve Bank(s) indicated below and at standards enumerated in paragraph 7 of adopting a proposal to extend for three the offices of the Board of Governors. the Act. years, with revision, the Government This information may also be obtained Comments regarding each of these Securities Dealers Reports (FR 2004; on an expedited basis, upon request, by applications must be received at the OMB No. 7100–0003). The revisions contacting the appropriate Federal Reserve Bank indicated or the offices of will be effective with the first applicable Reserve Bank and from the Board’s the Board of Governors, Ann E. as of date, January 5, 2022. Freedom of Information Office at Misback, Secretary of the Board, 20th FOR FURTHER INFORMATION CONTACT: https://www.federalreserve.gov/foia/ Street and Constitution Avenue NW, Federal Reserve Board Clearance request.htm. Interested persons may Washington, DC 20551–0001, not later Officer—Nuha Elmaghrabi—Office of express their views in writing on the than May 20, 2021. the Chief Data Officer, Board of standards enumerated in the BHC Act A. Federal Reserve Bank of Atlanta Governors of the Federal Reserve (12 U.S.C. 1842(c)). (Kathryn Haney, Assistant Vice System, Washington, DC 20551, (202) Comments regarding each of these President) 1000 Peachtree Street NE, 452–3829. applications must be received at the Atlanta, Georgia 30309. Comments can Office of Management and Budget Reserve Bank indicated or the offices of also be sent electronically to (OMB) Desk Officer—Shagufta Ahmed— the Board of Governors, Ann E. [email protected]: Office of Information and Regulatory Misback, Secretary of the Board, 20th 1. Eureka Homestead Employee Stock Affairs, Office of Management and Street and Constitution Avenue NW, Ownership Plan, Metairie, Louisiana; to Budget, New Executive Office Building, Washington, DC 20551–0001, not later acquire additional voting shares of Room 10235, 725 17th Street NW, than June 4, 2021. Eureka Homestead Bancorp, Inc., and Washington, DC 20503, or by fax to A. Federal Reserve Bank of Dallas thereby indirectly acquire voting shares (202) 395–6974. (Karen Smith, Director, Applications) of Eureka Homestead, both of Metairie, SUPPLEMENTARY INFORMATION: On June 2200 North Pearl Street, Dallas, Texas Louisiana. 15, 1984, OMB delegated to the Board 75201–2272: B. Federal Reserve Bank of Dallas authority under the PRA to approve and 1. A.N.B. Holding Company, Ltd., (Karen Smith, Director, Applications) assign OMB control numbers to Terrell, Texas; to acquire additional 2200 North Pearl Street, Dallas, Texas collections of information conducted or voting shares up to 38.5 percent of The 75201–2272: sponsored by the Board. Board- ANB Corporation, and thereby 1. Gus K. Eifler, Houston, Texas; to approved collections of information are indirectly acquire voting shares of The acquire voting shares of Central incorporated into the official OMB American National Bank of Texas, both Bancshares, Inc., by becoming a trustee inventory of currently approved of Terrell, Texas. of both the Carolyn J. Young 2012 Trust collections of information. The OMB

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inventory, as well as copies of the PRA these data to (1) monitor the condition respondent data collected through the Submission, supporting statements, and of the U.S. government securities market FR 2004 may be considered confidential approved collection of information in its Treasury market surveillance and pursuant to FOIA exemption 4 to the instrument(s) are available at https:// analysis of the market and (2) assist and extent these responses contain www.reginfo.gov/public/do/PRAMain. support the U.S. Department of the nonpublic commercial or financial These documents are also available on Treasury (Treasury) in its role as fiscal information, which is both customarily the Federal Reserve Board’s public agent for Treasury financing operations. and actually treated as private by the website at https://www.federal In addition, these data are used in the respondent. Moreover, to the extent that reserve.gov/apps/reportforms/ analysis of broad financial conditions the information is ‘‘contained in or review.aspx or may be requested from and a range of financial stability issues. related to examination, operating, or the agency clearance officer, whose Legal authorization and condition reports prepared by, on behalf name appears above. confidentiality: The information of, or for the use of [the Board],’’ the collected on the FR 2004 series of information may be withheld by the Final Approval Under OMB Delegated reports is generally authorized under Board under FOIA exemption 8. Authority of the Extension for Three sections 2A, 12A(c), 14, and 15 of the Current actions: On December 14, Years, With Revision, of the Following Federal Reserve Act. Section 2A 2020, the Board published a notice in Information Collection requires that the Board and the Federal the Federal Register (85 FR 80786) Report title: Government Securities Open Market Committee ‘‘maintain long requesting public comment for 60 days Dealers Reports: Weekly Report of run growth of the monetary and credit on the extension, with revision, of the Dealer Positions (FR 2004A), Weekly aggregates commensurate with the FR 2004. The Board proposed to revise Report of Cumulative Dealer economy’s long run potential to increase the FR 2004 with four additions and two Transactions (FR 2004B), Weekly Report production, so as to promote effectively modifications by: of Dealer Financing and Fails (FR the goals of maximum employment, (1) Adding a row to the FR 2004A, B, 2004C), Weekly Report of Specific stable prices, and moderate long-term SI, SD, and WI to account for the new Issues (FR 2004SI), Daily Report of interest rates’’ (12 U.S.C. 225a). Section 20 year Treasury bond, Specific Issues (FR 2004SD), 12A(c) further provides that the time, (2) adding a row to the FR 2004A and Supplement to the Daily Report of character, and volume of open market two rows to FR 2004B to separately Specific Issues (FR 2004SD ad hoc), operations ‘‘shall be governed with a capture Mortgage-Backed Securities Daily Report of Dealer Activity in view to accommodating commerce and (MBS) To-Be-Announced (TBA) and Treasury Financing (FR 2004WI), business and with regard to their specified pool classifications, (3) adding 18 columns to the FR Settlement Cycle Report of Dealer Fails bearing upon the general credit situation 2004C to capture a split by clearing and Transaction Volumes: Class A (FR of the country’’ (12 U.S.C. 263(c)). venue, with maturity tenor applied to 2004FA), Settlement Cycle Report of Additionally, section 14 authorizes the Dealer Fails and Transaction Volumes: each venue classification, Federal Reserve Banks to engage in open (4) adding 5 lines to the FR 2004C to Class B (FR 2004FB), Settlement Cycle market operations (12 U.S.C. 353–359). Report of Dealer Fails and Transaction separately capture Federal Agency and Finally, section 15 permits the Federal Government-Sponsored Enterprise Volumes: Class C (FR 2004FC), and Reserve Banks, at the direction of the Settlement Cycle Report of Dealer Fails (GSE) Residential MBS and Federal Secretary of the Treasury, to act as fiscal Agency and GSE Commercial MBS, and and Transaction Volumes (FR 2004FM). agents of the United States (12 U.S.C. Agency form number: FR 2004. to separate Total lines for Repo and 391). The Board has implicit authority Other Financing Activities, OMB control number: 7100–0003. to collect data to carry out the Effective date: The revisions will be (5) revising the FR 2004FA, FB, and requirements of the foregoing statutory FM to capture Federal National effective with the first applicable as of 1 provisions. Filing the FR 2004 series is Mortgage Association (FNMA) and date, January 5, 2022. a condition of obtaining and retaining Frequency: Weekly, daily, monthly. Federal Home Loan Mortgage primary dealer status. Thus, the Respondents: Dealers in the U.S. Corporation (FHLMC) Uniform MBS obligation to respond is ‘‘required to government securities market. (UMBS) and FNMA non-UMBS eligible Estimated number of respondents: 24. obtain or retain a benefit’’ because being securities settlement fails and Estimated average hours per response: a primary dealer allows a firm to act as transactions, separate from FHLMC non- FR 2004A, 3.0; FR 2004B, 3.7; FR a trading counterparty of the FRBNY in UMBS eligible securities settlement fails 2004C, 4.1; FR 2004SI, 2.2; FR 2004SD, the implementation of its monetary and transactions, and 2 2.2; FR 2004SD ad hoc, 2.0; FR 2004WI, policy. (6) modifying the instructions to 1.0; FR 2004FA, 1.0; FR 2004FB, 1.0; FR While aggregate data from certain of provide additional guidance on report 2004FC, 1.0; and FR 2004FM, 1.5. the forms in the FR 2004 series will be consolidation rules for primary dealers Estimated annual burden hours: FR published, individually identifying when the legal entity serving as a 2004A, 3,744; FR 2004B, 4,618; FR information may be kept confidential primary dealer is a branch or agency of 2004C, 5,117; FR 2004SI, 2,746; FR under exemption 4 and, in certain a foreign banking organization (FBO) as 2004SD, 2,112; FR 2004SD ad hoc, circumstances, exemption 8 of the well as some other minor corrections 1,248; FR 2004WI, 3,840; FR 2004FA, Freedom of Information Act (FOIA) (5 and edits for improved clarity. 288; FR 2004FB, 288; FR 2004FC, 288; U.S.C. 552(b)(4) and (b)(8)). Individual The comment period for this notice FR 2004FM, 432. expired on February 12, 2021. The General description of report: The 1 Additionally, depending upon the survey Board received 2 comment letters from respondent, a more precise statute may authorize Federal Reserve Bank of New York the data collection. For example, the Board is industry trade associations related to the (FRBNY), on behalf of the Federal authorized to collect information from bank holding changes to the FR 2004 reports. Both Reserve System, collects data from companies (and their subsidiaries) under section commenters requested that the effective primary dealers in the U.S. government 5(c) of the Bank Holding Company Act of 1956 (12 date of the changes be extended, with U.S.C. 1844(c)) and from depository institutions securities market. Filing of these data is under section 11(a) of the Federal Reserve Act (12 one commenter requesting a phased required to obtain the benefit of primary U.S.C. 248(a)). approach beginning in the fourth dealer status. The Federal Reserve uses 2 See 5 CFR 1320.8(b)(3)(iv). quarter 2021 and the other commenter

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recommending a January 2022 effective Accordingly, comments will not be performance of the Board’s functions, date. The Board agreed and clarified edited to remove any identifying or including whether the information has that the changes will become effective contact information. Public comments practical utility; with the first applicable as of date, may also be viewed electronically or in b. The accuracy of the Board’s January 5, 2022. One commenter paper in Room 146, 1709 New York estimate of the burden of the proposed recommended that the FR 2004 report Avenue NW, Washington, DC 20006, information collection, including the instructions and FAQs be updated to between 9:00 a.m. and 5:00 p.m. on validity of the methodology and reflect the proposed changes. The weekdays. For security reasons, the assumptions used; revised report forms, instructions, and Board requires that visitors make an c. Ways to enhance the quality, FAQ document will be made available appointment to inspect comments. You utility, and clarity of the information to in final form on the Board’s public may do so by calling (202) 452–3684. be collected; website. Aside from the changes Upon arrival, visitors will be required to d. Ways to minimize the burden of discussed above, the Board will adopt present valid government-issued photo information collection on respondents, the extension, with revision, of the FR identification and to submit to security including through the use of automated 2004 as originally proposed. screening in order to inspect and collection techniques or other forms of photocopy comments. information technology; and Board of Governors of the Federal Reserve System, April 29, 2021. Additionally, commenters may send a e. Estimates of capital or startup costs copy of their comments to the Office of and costs of operation, maintenance, Michele Taylor Fennell, Management and Budget (OMB) Desk and purchase of services to provide Deputy Associate Secretary of the Board. Officer—Shagufta Ahmed—Office of information. [FR Doc. 2021–09459 Filed 5–4–21; 8:45 am] Information and Regulatory Affairs, At the end of the comment period, the BILLING CODE 6210–01–P Office of Management and Budget, New comments and recommendations Executive Office Building, Room 10235, received will be analyzed to determine 725 17th Street NW, Washington, DC the extent to which the Board should FEDERAL RESERVE SYSTEM 20503, or by fax to (202) 395–6974. modify the proposal. Proposed Agency Information FOR FURTHER INFORMATION CONTACT: Proposal Under OMB Delegated Collection Activities; Comment Federal Reserve Board Clearance Authority To Extend for Three Years, Request Officer—Nuha Elmaghrabi—Office of With Revision, the Following the Chief Data Officer, Board of Information Collection AGENCY: Board of Governors of the Governors of the Federal Reserve Federal Reserve System. System, Washington, DC 20551, (202) Report title: International ACTION: Notice, request for comment. 452–3829. Applications and Prior Notifications SUPPLEMENTARY INFORMATION: On June under Subparts A and C of Regulation SUMMARY: The Board of Governors of the 15, 1984, OMB delegated to the Board K. Federal Reserve System (Board) invites authority under the PRA to approve and Agency form number: FR K–1. comment on a proposal to extend for assign OMB control numbers to OMB control number: 7100–0107. three years, with revision, the collections of information conducted or Frequency: On occasion. International Applications and Prior Respondents: Member banks, Edge sponsored by the Board. In exercising Notifications under Subparts A and C of and agreement corporations,1 bank this delegated authority, the Board is holding companies (BHCs), and certain Regulation K (FR K–1; OMB No. 7100– directed to take every reasonable step to 0107). solicit comment. In determining investments by foreign organizations. Estimated number of respondents: DATES: Comments must be submitted on whether to approve a collection of Reporting: Attachments A and B, 6; or before July 6, 2021. information, the Board will consider all Attachments C through G, 13; ADDRESSES: You may submit comments, comments received from the public and Attachments H and I, 10; Attachment J, identified by FR K–1, by any of the other agencies. following methods: A copy of the Paperwork Reduction 2; Attachment K, 1; Section 211.5(c)(4) • Agency Website: https:// Act (PRA) OMB submission, including requirements, 1; Section 211.8 www.federalreserve.gov/. Follow the the reporting form and instructions, requirements, 1; Section 211.10 instructions for submitting comments at supporting statement, and other requirements, 1; Section 211.11 https://www.federalreserve.gov/apps/ documentation will be available at requirements, 1. Disclosure: Attachment foia/proposedregs.aspx. https://www.reginfo.gov/public/do/ F, 13. Recordkeeping: Section 211.13 • Email: regs.comments@ PRAMain, if approved. These requirement, 70. federalreserve.gov. Include the OMB documents will also be made available Estimated average hours per response: number in the subject line of the on the Board’s public website at https:// Reporting: Attachments A and B, 11.5; message. www.federalreserve.gov/apps/ Attachments C through G, 9; • Fax: (202) 452–3819 or (202) 452– reportforms/review.aspx or may be Attachments H and I, 15.5; Attachment 3102. requested from the agency clearance J, 10; Attachment K, 20; Section • Mail: Ann E. Misback, Secretary, officer, whose name appears above. 211.5(c)(4) requirements, 1; Section Board of Governors of the Federal 211.8 requirements, 0.25; Section 211.10 Reserve System, 20th Street and Request for Comment on Information requirements, 8; Section 211.11 Constitution Avenue NW, Washington, Collection Proposal requirements, 5. Disclosure: Attachment DC 20551. The Board invites public comment on F, 1. Recordkeeping: Section 211.13 All public comments are available the following information collection, requirement, 1. from the Board’s website at https:// which is being reviewed under www.federalreserve.gov/apps/foia/ authority delegated by the OMB under 1 References to Edge corporations are inclusive of proposedregs.aspx as submitted, unless the PRA. Comments are invited on the agreement corporations. An agreement corporation is a corporation that has entered into an agreement modified for technical reasons or to following: with the Board that it will not exercise any power remove personally identifiable a. Whether the proposed collection of that is impermissible for an Edge corporation. 12 information at the commenter’s request. information is necessary for the proper CFR 211.5(g)(1).

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Estimated annual burden hours: authorizes the Board to approve the Consumer Finances (FR 3059; OMB Reporting: Attachments A and B, 138; establishment of Edge corporations, to 7100–0287). Attachments C through G, 234; issue rules and regulations relating to FOR FURTHER INFORMATION CONTACT: Attachments H and I, 465; Attachment these entities, and to require reports Federal Reserve Board Clearance J, 20; Attachment K, 20; Section from these entities. Section 4(c)(13) of Officer—Nuha Elmaghrabi—Office of 211.5(c)(4) requirements, 1; Section the BHC Act authorizes the Board, by the Chief Data Officer, Board of 211.8 requirements, 0; Section 211.10 regulation or order, to determine that Governors of the Federal Reserve requirements, 8; Section 211.11 BHCs may invest in companies that do System, Washington, DC 20551, (202) requirements, 5. Disclosure: Attachment business abroad. Section 4(c)(14) of the 452–3829. F, 26. Recordkeeping: Section 211.13 BHC Act authorizes BHCs to invest in Office of Management and Budget requirement, 70. export trading companies, subject to a (OMB) Desk Officer—Shagufta Ahmed— General description of report: Subpart notice requirement and disapproval by Office of Information and Regulatory A of Regulation K—International the Board. Section 5(c) of the BHC Act Affairs, Office of Management and Banking Operations, governs the foreign grants the Board reporting and Budget, New Executive Office Building, investments and activities of member examination authorities. Room 10235, 725 17th Street NW, banks, Edge and agreement The applications and notifications Washington, DC 20503, or by fax to corporations, BHCs, and certain comprising FR K–1 are required to (202) 395–6974. investments by foreign organizations. obtain a benefit. Individual respondents Subpart C of Regulation K governs SUPPLEMENTARY INFORMATION: On June may request that information submitted 15, 1984, OMB delegated to the Board investments in export trading to the Board through the FR K–1 be kept 2 authority under the PRA to approve and companies by eligible investors. The confidential. If a respondent requests FR K–1 information collection contains assign OMB control numbers to confidential treatment, the Board will collections of information conducted or eleven attachments for the application determine whether the information is and notification requirements in sponsored by the Board. Board- entitled to confidential treatment on a approved collections of information are Subparts A and C of Regulation K. The case-by-case basis. To the extent a Board requires these applications for incorporated into the official OMB respondent submits nonpublic inventory of currently approved regulatory and supervisory purposes commercial or financial information, and to allow the Board to fulfill its collections of information. The OMB which is both customarily and actually inventory, as well as copies of the PRA statutory obligations under the Federal treated as private by the respondent, the Reserve Act (FRA) and the Bank Submission, supporting statements, and respondent may request confidential approved collection of information Holding Company Act of 1956 (BHC treatment pursuant to exemption 4 of Act). The applications are event- instrument(s) are available at https:// the Freedom of Information Act www.reginfo.gov/public/do/PRAMain. generated and provide the Federal 5 (FOIA). To the extent a respondent These documents are also available on Reserve with information necessary to submits personal, medical, or similar evaluate each of the proposed the Federal Reserve Board’s public files, the disclosure of which would website at https://www.federal transactions. constitute an unwarranted invasion of Proposed revisions: The Board reserve.gov/apps/reportforms/ privacy, the respondent may request proposes to revise the FR K–1 review.aspx or may be requested from confidential treatment pursuant to the agency clearance officer, whose information collection to account for 6 several reporting and recordkeeping exemption 6 of the FOIA. To the extent name appears above. provisions in sections 211.5, 211.8, that the Board obtains information as part of the examination process, the Final Approval Under OMB Delegated 211.10, 211.11, and 211.13 of Regulation Authority of the Extension for Three K that have not been previously cleared information may be confidential pursuant to exemption 8 of the FOIA.7 Years, Without Revision, of the by the Board under the PRA. The Board Following Information Collection is not proposing to create additional Board of Governors of the Federal Reserve attachments to the FR K–1 to address System, April 29, 2021. Report title: Survey of Consumer these provisions. Michele Taylor Fennell, Finances (SCF). Legal authorization and Deputy Associate Secretary of the Board. Agency form number: FR 3059. confidentiality: The Board is authorized [FR Doc. 2021–09426 Filed 5–4–21; 8:45 am] OMB control number: 7100–0287. to collect the information required on BILLING CODE 6210–01–P Frequency: Triennial. the FR K–1 under sections 25 and 25A Respondents: U.S. families. of the FRA,3 and sections 4(c)(13), Estimated number of respondents: 4(c)(14), and 5(c) of the BHC Act.4 FEDERAL RESERVE SYSTEM Pretest, 150; Main survey, 7,000. Section 25 of the FRA authorizes the Estimated average hours per response: Board to approve applications to Agency Information Collection Pretest, 100 minutes; Main survey, 100 establish agreement corporations, Activities: Announcement of Board minutes. establish foreign branches, and invest in Approval Under Delegated Authority Estimated annual burden hours: foreign banks in accordance with and Submission to OMB Pretest, 250 hours; Main survey, 11,667 regulations prescribed by the Board. hours. Section 25 also authorizes the Board to AGENCY: Board of Governors of the General description of report: This require reports concerning the condition Federal Reserve System. triennial survey is the only source of of these entities. Section 25A of the FRA SUMMARY: The Board of Governors of the representative information on the Federal Reserve System (Board) is structure of U.S. families’ finances. The 2 Eligible investors are BHCs, Edge and agreement adopting a proposal to extend for three survey would collect data on the assets, corporations that are subsidiaries of bank holding years, without revision, the Survey of debts, income, work history, pension companies but are not subsidiaries of banks, banker’s banks, and foreign banking organizations. rights, use of financial services, and 12 CFR 211.32(d). 5 5 U.S.C. 552(b)(4). attitudes of a sample of U.S. families. 3 12 U.S.C. 601–604(a) and 611–631. 6 5 U.S.C. 552(b)(6). Because the ownership of some assets is 4 12 U.S.C. 1843(c)(13), 1843(c)(14), and 1844(c). 7 5 U.S.C. 552(b)(8). relatively concentrated in a small

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number of families, the survey would FEDERAL RESERVE SYSTEM General description of report: The make a special effort to ensure proper Board uses the surveys in this collection representation of such assets by Agency Information Collection to gather qualitative and limited systematically oversampling wealthier Activities: Announcement of Board quantitative information about liability families. Approval Under Delegated Authority management, the provision of financial Legal authorization and and Submission to OMB services, and the functioning of key confidentiality: Section 2A of the financial markets. Responses are AGENCY: Board of Governors of the Federal Reserve Act (FRA) requires that obtained from a senior officer at each Federal Reserve System. the Board and the Federal Open Market participating institution, usually SUMMARY: The Board of Governors of the through an electronic submission. Committee (FOMC) maintain long run Federal Reserve System (Board) is growth of the monetary and credit Although a survey may not be collected adopting a proposal to extend for three in a given year, the Board may conduct aggregates commensurate with the years, without revision, the Senior economy’s long run potential to increase up to four surveys per year when Financial Officer Surveys (FR 2023; informational needs arise and cannot be production, so as to promote effectively OMB No. 7100–0223). the goals of maximum employment, met from existing data sources. The FOR FURTHER INFORMATION CONTACT: stable prices, and moderate long-term survey does not have a fixed set of interest rates.1 In addition, under Federal Reserve Board Clearance questions; each survey consists of a section 12A of the FRA, the FOMC is Officer—Nuha Elmaghrabi—Office of limited number of questions directed at required to implement regulations the Chief Data Officer, Board of topics of timely interest. relating to the open market operations Governors of the Federal Reserve Legal authorization and conducted by Federal Reserve Banks. System, Washington, DC 20551, (202) confidentiality: The FR 2023 is Those transactions must be governed 452–3829. authorized by sections 2A, 12A, and 11 Office of Management and Budget 1 with a view to accommodating of the Federal Reserve Act (‘‘FRA’’). (OMB) Desk Officer—Shagufta Ahmed— commerce and business and with regard Section 2A of the FRA requires that the Office of Information and Regulatory to their bearing upon the general credit Board and the Federal Open Market Affairs, Office of Management and Committee (‘‘FOMC’’) maintain long run situation of the country.2 The Board and Budget, New Executive Office Building, growth of the monetary and credit the FOMC use the information obtained Room 10235, 725 17th Street NW, aggregates commensurate with the from the FR 3059 to help fulfill these Washington, DC 20503, or by fax to economy’s long run potential to increase obligations. The FR 3059 is a voluntary (202) 395–6974. production, so as to promote effectively survey. SUPPLEMENTARY INFORMATION: On June the goals of maximum employment, It is expected that the data collected 15, 1984, OMB delegated to the Board stable prices, and moderate long-term would be published in summary form in authority under the PRA to approve and interest rates.2 Section 12A of the FRA the Federal Reserve Bulletin. A version assign OMB control numbers to further requires the FOMC to implement of the microdata, which would be collections of information conducted or regulations relating to the open market altered to protect the identity of sponsored by the Board. Board- operations conducted by Federal individual respondents, would be made approved collections of information are Reserve Banks with a view to available to the public through the incorporated into the official OMB accommodating commerce and business Board’s public website. None of the inventory of currently approved and with regard to their bearing upon pretest data would be released to the collections of information. The OMB the general credit situation of the public. The information collected on the inventory, as well as copies of the PRA country.3 Section 11 of the FRA FR 3059 that identifies the individual Submission, supporting statements, and authorizes the Board to require reports respondents may be exempt from approved collection of information from each member bank as it may deem disclosure under exemption 6 of the instrument(s) are available at https:// necessary and authorizes the Board to Freedom of Information Act, which www.reginfo.gov/public/do/PRAMain. prescribe reports of liabilities and assets protects information the disclosure of These documents are also available on from insured depository institutions to which would constitute a clearly the Federal Reserve Board’s public enable the Board to discharge its unwarranted invasion of personal website at https://www.federal responsibility to monitor and control privacy.3 reserve.gov/apps/reportforms/ monetary and credit aggregates.4 The Current actions: On February 3, 2021, review.aspx or may be requested from Board and FOMC use the information the Board published a notice in the the agency clearance officer, whose obtained through the FR 2023 to Federal Register (86 FR 8016) name appears above. discharge these responsibilities. Survey requesting public comment for 60 days submissions under the FR 2023 are on the extension, without revision, of Final Approval Under OMB Delegated voluntary. the Survey of Consumer Finances. The Authority of the Extension for Three The questions asked on each survey comment period for this notice expired Years, Without Revision, of the will vary. The Board’s ability to keep on April 5, 2021. The Board did not Following Information Collection confidential responses to the FR 2023 receive any comments. Report title: Senior Financial Officer must therefore be determined on a case- Board of Governors of the Federal Reserve Surveys. by-case basis. Much of the information System, April 29, 2021. Agency form number: FR 2023. collected is likely to constitute Michele Taylor Fennell, OMB control number: 7100–0223. nonpublic commercial or financial Deputy Associate Secretary of the Board. Frequency: Up to four times a year. information, which is both customarily Respondents: Domestically chartered and actually treated as private by the [FR Doc. 2021–09465 Filed 5–4–21; 8:45 am] large depository institutions and foreign respondent, and may be kept BILLING CODE 6210–01–P banking organizations. Estimated number of respondents: 80. 1 31 U.S.C. 5364(a). 1 12 U.S.C. 225a. Estimated average hours per response: 2 12 U.S.C. 225a. 2 12 U.S.C. 263. 3. 3 12 U.S.C. 263. 3 5 U.S.C. 552(b)(6). Estimated annual burden hours: 960. 4 12 U.S.C. 248(a).

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confidential by the Board pursuant to SUPPLEMENTARY INFORMATION: On June sections 25(4) 25A(17) of the Federal exemption 4 of the Freedom of 15, 1984, OMB delegated to the Board Reserve Act (FRA),2 which authorize the Information Act (‘‘FOIA’’).5 Some authority under the PRA to approve and Board to require Edge and agreement survey responses may also contain assign OMB control numbers to corporations to make reports to the information contained in or related to collections of information conducted or Board; and (3) depository institutions an examination of a financial sponsored by the Board. Board- pursuant to sections 11(a)(1) and (2) of institution, which may be kept approved collections of information are the FRA,3 which authorize the Board to confidential under exemption 8 of incorporated into the official OMB require reports from each member bank FOIA.6 Responses to the FR 2023 are inventory of currently approved as it may deem necessary and to require tabulated and summarized at the Board collections of information. The OMB reports of liabilities and assets from and the Federal Reserve Bank of New inventory, as well as copies of the PRA insured depository institutions to enable York. This aggregate information is not Submission, supporting statements, and the Board to discharge its responsibility considered confidential, and a report approved collection of information to monitor and control monetary and containing summary data is published instrument(s) are available at https:// credit aggregates. on the Board’s public website.7 www.reginfo.gov/public/do/PRAMain. The FR 2502q report is mandatory. To Current actions: On February 3, 2021, These documents are also available on the extent that the information from this the Board published a notice in the the Federal Reserve Board’s public collection obtained by the Board Federal Register (86 FR 8015) website at https://www.federal constitutes nonpublic commercial or requesting public comment for 60 days reserve.gov/apps/reportforms/ financial information, which is both on the extension, without revision, of review.aspx or may be requested from customarily and actually treated as the Senior Financial Officer Surveys. the agency clearance officer, whose private by the financial institution, the The comment period for this notice name appears above. financial institution may request expired on April 5, 2021. The Board did confidential treatment pursuant to Final Approval Under OMB Delegated not receive any comments. exemption 4 of the Freedom of Authority of the Extension for Three 4 Board of Governors of the Federal Reserve Information Act. Years, Without Revision, of the Current actions: On February 3, 2021, System, April 29, 2021. Following Information Collection Michele Taylor Fennell, the Board published a notice in the Report title: Quarterly Report of Federal Register (86 FR 8014) Deputy Associate Secretary of the Board. Assets and Liabilities of Large Foreign requesting public comment for 60 days [FR Doc. 2021–09466 Filed 5–4–21; 8:45 am] Offices of U.S. Banks. on the extension, without revision, of BILLING CODE 6210–01–P Agency form number: FR 2502q. the Quarterly Report of Assets and OMB control number: 7100–0079. Liabilities of Large Foreign Offices of Frequency: Quarterly. U.S. Banks. The comment period for FEDERAL RESERVE SYSTEM Respondents: U.S. commercial banks, this notice expired on April 5, 2021. bank holding companies (including The Board received one comment. Agency Information Collection financial holding companies), and Edge Activities: Announcement of Board Act and agreement corporations. Detailed Discussion of Public Approval Under Delegated Authority Estimated number of respondents: 23. Comments and Submission to OMB Estimated average hours per response: The U.S. Department of Commerce 1. AGENCY: Board of Governors of the Bureau of Economic Analysis provided Estimated annual burden hours: 92. comment that it was in strong support Federal Reserve System. General description of report: U.S. of the continued collection of the FR SUMMARY: commercial banks, bank holding The Board of Governors of the 2502q data. Federal Reserve System (Board) is companies, and Edge Act and agreement adopting a proposal to extend for three corporations are required to file the FR Board of Governors of the Federal Reserve years, without revision, the Quarterly 2502q reporting form, on a quarterly System, April 29, 2021. Report of Assets and Liabilities of Large basis, for their large branches (those that Michele Taylor Fennell, Foreign Offices of U.S. Banks (FR 2502q; have assets of $2 billion or more) and Deputy Associate Secretary of the Board. OMB No. 7100–0079). banking subsidiaries (those that have [FR Doc. 2021–09460 Filed 5–4–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: assets of $2 billion or more and deposits BILLING CODE 6210–01–P Federal Reserve Board Clearance of $10 million or more) that are located Officer—Nuha Elmaghrabi—Office of in the United Kingdom or the the Chief Data Officer, Board of Caribbean. The Board has an interest in FEDERAL RESERVE SYSTEM knowing the amounts of the claims and Governors of the Federal Reserve Proposed Agency Information System, Washington, DC 20551, (202) liabilities of U.S.-chartered banks with respect to residents of individual Collection Activities; Comment 452–3829. Request Office of Management and Budget countries. (OMB) Desk Officer—Shagufta Ahmed— Legal authorization and AGENCY: Board of Governors of the Office of Information and Regulatory confidentiality: The Board is authorized Federal Reserve System. to collect the information in FR 2502q Affairs, Office of Management and ACTION: Notice, request for comment. Budget, New Executive Office Building, from (1) bank holding companies Room 10235, 725 17th Street NW, pursuant to section 5 of the Bank SUMMARY: The Board of Governors of the Washington, DC 20503, or by fax to Holding Company Act,1 which Federal Reserve System (Board) invites (202) 395–6974. authorizes the Board to require a bank comment on a proposal to extend for holding company and any subsidiary to three years, with revision, the Report of 5 5 U.S.C. 552(b)(4). submit reports; (2) Edge Act and 6 5 U.S.C. 552(b)(8). agreement corporations pursuant to 2 12 U.S.C. 602 and 12 U.S.C. 625. 7 Survey reports are available at 3 12 U.S.C. 248(a)(1) and (2). www.federalreserve.gov/data/sfos/sfos.htm. 1 12 U.S.C. 1844(c). 4 5 U.S.C. 552(b)(4).

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Selected Money Market Rates (FR 2420; this delegated authority, the Board is banking facilities, and significant OMB No. 7100–0357). directed to take every reasonable step to banking organizations representing DATES: Comments must be submitted on solicit comment. In determining entities actively participating in the or before July 6, 2021. whether to approve a collection of federal funds and/or other money ADDRESSES: You may submit comments, information, the Board will consider all markets. identified by FR 2420, by any of the comments received from the public and Estimated number of respondents: following methods: other agencies. 181 commercial banks, savings • Agency Website: https:// A copy of the Paperwork Reduction associations, U.S. branches and agencies www.federalreserve.gov/. Follow the Act (PRA) OMB submission, including of foreign banks, and significant banking instructions for submitting comments at the reporting form and instructions, organizations; 77 international banking https://www.federalreserve.gov/apps/ supporting statement, and other facilities. Estimated average hours per response: foia/proposedregs.aspx. documentation will be available at • Email: regs.comments@ https://www.reginfo.gov/public/do/ 2.0 commercial banks, savings federalreserve.gov. Include the OMB PRAMain, if approved. These associations, U.S. branches and agencies number in the subject line of the documents will also be made available of foreign banks, and significant banking organizations; 1.1 international banking message. on the Board’s public website at https:// • Fax: (202) 452–3819 or (202) 452– www.federalreserve.gov/apps/ facilities. Estimated annual burden hours: 3102. reportforms/review.aspx or may be • Mail: Ann E. Misback, Secretary, requested from the agency clearance 90,500 commercial banks, savings Board of Governors of the Federal officer, whose name appears above. associations, U.S. branches and agencies Reserve System, 20th Street and of foreign banks, and significant banking Request for Comment on Information organizations; 21,175 international Constitution Avenue NW, Washington, Collection Proposal banking facilities. DC 20551. General description of report: The FR All public comments are available The Board invites public comment on 2420 is a transaction-based report that from the Board’s website at https:// the following information collection, collects daily liability data on federal www.federalreserve.gov/apps/foia/ which is being reviewed under funds purchased, selected borrowings proposedregs.aspx as submitted, unless authority delegated by the OMB under from non-exempt entities,1 Eurodollar modified for technical reasons or to the PRA. Comments are invited on the transactions, and time deposits and remove personally identifiable following: a. Whether the proposed collection of certificates of deposits (CDs) from (1) information at the commenter’s request. domestically chartered commercial Accordingly, comments will not be information is necessary for the proper performance of the Board’s functions, banks and savings associations that have edited to remove any identifying or $18 billion or more in total assets as contact information. Public comments including whether the information has practical utility; well as those that have total assets above may also be viewed electronically or in $5 billion but less than $18 billion and paper in Room 146, 1709 New York b. The accuracy of the Board’s estimate of the burden of the proposed meet the activity threshold, (2) U.S. Avenue NW, Washington, DC 20006, branches and agencies of foreign banks between 9:00 a.m. and 5:00 p.m. on information collection, including the validity of the methodology and with total third-party assets of $2.5 weekdays. For security reasons, the billion or more, and (3) significant Board requires that visitors make an assumptions used; c. Ways to enhance the quality, banking organizations that are active appointment to inspect comments. You participants in money markets. The FR may do so by calling (202) 452–3684. utility, and clarity of the information to be collected; 2420 also collects daily data on Upon arrival, visitors will be required to Eurodollar transactions from present valid government-issued photo d. Ways to minimize the burden of information collection on respondents, International Banking Facilities (IBFs) of identification and to submit to security the above-referenced institutions. The screening in order to inspect and including through the use of automated collection techniques or other forms of FR 2420 data are used in the publication photocopy comments. of the Effective Federal Funds Rate Additionally, commenters may send a information technology; and e. Estimates of capital or startup costs (EFFR) and Overnight Bank Funding copy of their comments to the Office of Rate (OBFR) and in analysis of current Management and Budget (OMB) Desk and costs of operation, maintenance, and purchase of services to provide money market conditions. Officer—Shagufta Ahmed—Office of Proposed revisions: The Board Information and Regulatory Affairs, information. At the end of the comment period, the proposes to add a data item to specify Office of Management and Budget, New the day-count convention used for all Executive Office Building, Room 10235, comments and recommendations received will be analyzed to determine interest rates reported on the FR 2420 725 17th Street NW, Washington, DC reporting form. The Board also proposes 20503, or by fax to (202) 395–6974. the extent to which the Board should modify the proposal. revisions to the FR 2420 instructions to FOR FURTHER INFORMATION CONTACT: allow for more timely collection of data, Federal Reserve Board Clearance Proposal Under OMB Delegated improve monitoring of the transition Officer—Nuha Elmaghrabi—Office of Authority To Extend for Three Years, away from the London Interbank the Chief Data Officer, Board of With Revision, the Following Offered Rate (LIBOR), strengthen the Governors of the Federal Reserve Information Collection reference rate production process, and System, Washington, DC 20551, (202) Report title: Report of Selected Money ensure the integrity of reported data. 452–3829. Market Rates. The proposed revisions support the SUPPLEMENTARY INFORMATION: On June Agency form number: FR 2420. 15, 1984, OMB delegated to the Board OMB control number: 7100–0357. 1 A selected borrowing from a non-exempt entity authority under the PRA to approve and Frequency: Daily. is an unsecured borrowing (an unsecured primary obligation undertaken by the reporting institution assign OMB control numbers to Respondents: Commercial banks, as a means of obtaining funds) in U.S. dollars from collections of information conducted or savings associations, branches and a counterparty that is a non-exempt entity as sponsored by the Board. In exercising agencies of foreign banks, international derived from Regulation D, section 204.2(a)(vii).

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Board’s monetary policy and conditions. The change would be pursuant to exemption 4 of the Freedom supervisory mandates by providing particularly beneficial on occasions of Information Act (5 U.S.C. 552(b)(4)). greater insight into funding market when market conditions change quickly, Consultation outside the agency: A conditions in periods where conditions such as when a deterioration in time group of large FR 2420 respondents (less change rapidly, potentially affecting deposit and CD markets may produce than 10) were consulted in November policy measures taken by the Federal spillovers to other markets. 2020 regarding the feasibility of Reserve. The proposed revisions to FR reporting timestamps for FR 2420 Earlier Deadline for Submission of 2420 would be effective with the transactions, shifting reporting Federal Funds Purchased, Eurodollar, January 1, 2022, as of date. deadlines, and the day-count and Selected Deposits Data (General conventions used when reporting Reporting Form Revisions Instructions) interest rates on FR 2420 transactions. The Board proposes to add a data item The Board proposes to change the Outreach results suggest that to specify the day-count convention deadline for submission of Federal timestamps for transactions are not used for all interest rates reported on FR Funds Purchased, Eurodollars, and recorded in a consistent fashion across 2420. The Federal Reserve has Selected Deposits data in Parts A, B, and respondents, and thus the current identified limited instances of reporting D to 7 p.m. ET the same day (T+0) as proposals do not call for the reporting institutions using multiple day-count the transaction date, rather than 7 a.m. of timestamps. Outreach also suggests conventions in calculating reported ET one business day (T+1) after the that most respondents currently report interest rates, specifically found in the transaction date. The proposed earlier Parts A, B, and D of the FR 2420 report reporting of Part C interest rates. The reporting deadline would allow for on a T+0 basis, and no respondents proposed revision would improve the more opportunity for data review and consulted suggested that a T+0 reporting accuracy of reported data, benefiting the validation, reducing operational risk deadline for Parts A, B, and D was not Federal Reserve’s monitoring of funding associated with the publication of the feasible. Most respondents consulted market conditions and strengthening the EFFR and OBFR. noted that they should be able to report production of the EFFR and OBFR. The Clarifications To Prevent Errors (Parts C Part C transactions on a T+1 basis. proposed data item would provide the and D) Feedback also showed that most following day-count conventions as transactions are reported using the options: Actual/360, actual/365, 30/360, The Board proposes other minor actual/360 day-count convention for 30/365, actual/actual, and other. additions to the FR 2420 instructions to interest rates, but other day-count prevent confusion and errors on the part Instruction Revisions conventions are used for some reported of reporting institutions. Guidance transactions. Additional Reference Rate Options for would be added for certain reciprocal deposits, including insured deposit cash Board of Governors of the Federal Reserve Floating-Rate Time Deposits and CDs System, April 29, 2021. (Part C) sweeps and Certificate of Deposit Account Registry Service deposits (Part Michele Taylor Fennell, The Board proposes to include Deputy Associate Secretary of the Board. additional reference rates to which C). Additional guidance would be included on the correct reporting of [FR Doc. 2021–09424 Filed 5–4–21; 8:45 am] floating-rate time deposits and CDs are BILLING CODE 6210–01–P tied. The additional rates include the brokered deposits (Part C) and certain Secured Overnight Financing Rate securities lending transactions (Part D). Legal authorization and (SOFR), other SOFR-based rates, and confidentiality: The FR 2420 is DEPARTMENT OF HEALTH AND OBFR, all of which are published daily authorized by section 11 of the Federal HUMAN SERVICES by the Federal Reserve Bank of New Reserve Act (FRA) and section 7 of the York (FRBNY). Other SOFR-based rates International Banking Act of 1978 (IBA). Administration for Children and include the SOFR Index and the SOFR Families Averages over 30, 90, and 180 days. Section 11 of the FRA authorizes the Board to require reports from depository This revision would improve the ability Submission for OMB Review; Grants to institutions as it may deem necessary of the Federal Reserve to monitor the States for Access and Visitation, OMB and authorizes the Board to prescribe progress of the transition from LIBOR to #0970–0204 SOFR with respect to floating-rate reports of liabilities and assets from money market instruments.2 insured depository institutions to enable AGENCY: Division of Program the Board to discharge its responsibility Innovation, Office of Child Support Earlier Deadline for Submission of Time to monitor and control monetary and Enforcement, Administration for Deposit and CD Data (General credit aggregates (12 U.S.C. 248(a)). Children and Families, HHS. Instructions) Section 7 of the IBA provides that ACTION: Request for public comment. The Board proposes to change the federal branches and agencies of foreign deadline for submission of time deposit banks are subject to section 11 of the SUMMARY: The Division of Program and CD data in Part C to 2 p.m. ET one FRA as if they were state member banks Innovation (DPI), Office of Child business day (T+1) after the report date, (12 U.S.C. 3105(c)). The obligation to Support Enforcement (OCSE), rather than two business days (T+2) respond to the FR 2420 is mandatory. Administration for Children and after the report date. This proposed The FRBNY uses aggregate data from Families (ACF) is requesting a 3-year change would provide more timely data the FR 2420 to publish the EFFR, OBFR, extension of the Access and Visitation and improve the Federal Reserve’s and associated statistics daily. The Survey: Annual Report (OMB #0970– monitoring of funding market information provided by individual 0204, expiration 10/31/2021). There are respondents to the FR 2420 is nonpublic no changes requested to the form. 2 The Alternative Reference Rates Committee is a commercial or financial information, DATES: Comments due within 30 days of group of private-market participants convened by which is both customarily and actually publication. OMB must make a decision the Board and the FRBNY to help ensure a treated as private by the respondents. about the collection of information successful transition from U.S. dollar LIBOR to a more robust reference rate, its recommended Responses to the FR 2420 are therefore between 30 and 60 days after alternative, the SOFR. accorded confidential treatment publication of this document in the

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Federal Register. Therefore, a comment notice to www.reginfo.gov/public/do/ survey yearly. Information is used by is best assured of having its full effect PRAMain. Find this particular OCSE as the primary means for adhering if OMB receives it within 30 days of information collection by selecting to the statutory (Sec. 469B. [42 U.S.C. publication. ‘‘Currently under 30-day Review—Open 669b]) and regulatory (45 CFR part 303) for Public Comments’’ or by using the requirements for recipients of ‘‘Grants to ADDRESSES: Written comments and search function. States for Access and Visitation.’’ recommendations for the proposed SUPPLEMENTARY INFORMATION: Respondents: State Child Access and information collection should be sent Description: The grantee and/or sub- Visitation Programs and state and/or within 30 days of publication of this grantee submits the spreadsheet and local service providers.

ANNUAL BURDEN ESTIMATES

Annual Total number of Average Annual Instrument number of responses per burden hours burden respondents respondent per response hours

Online Portal Survey by States and Jurisdictions ...... 54 1 16 864 Survey of local service grantees ...... 296 1 16 4,736

Estimated Total Annual Burden Boulevard, Bethesda, MD 20892 (Virtual SUMMARY: In compliance with the Hours: 5,600. Meeting). requirement of the Paperwork Contact Person: Dennis Hlasta, Ph.D., Reduction Act of 1995 to provide Authority: Sec.469B [42 U.S.C.669b]; 45 Scientific Review Officer, National Institute CFR part 303. of Biomedical Imaging and Bioengineering, opportunity for public comment on National Institutes of Health, 6707 proposed data collection projects, the Mary B. Jones, Democracy Blvd., Bethesda, MD 20892, (301) National Institutes of Health (NIH) will ACF/OPRE Certifying Officer. 451–4794, [email protected]. publish periodic summaries of proposed [FR Doc. 2021–09452 Filed 5–4–21; 8:45 am] Name of Committee: National Institute of projects to be submitted to the Office of BILLING CODE 4184–41–P Biomedical Imaging and Bioengineering Management and Budget (OMB) for Special Emphasis Panel; P41 NCBIB Review review and approval. F–SEP 1. DATES: Date: June 30, 2021. Comments regarding this DEPARTMENT OF HEALTH AND information collection are best assured HUMAN SERVICES Time: 9:00 a.m. to 7:00 p.m. Agenda: To review and evaluate grant of having their full effect if received National Institutes of Health applications. within 60 days of the date of this Place: National Institutes of Health, Two publication. National Institute of Biomedical Democracy Plaza, 6707 Democracy Plaza, Bethesda, MD 20892 (Virtual Meeting). FOR FURTHER INFORMATION CONTACT: To Imaging and Bioengineering; Notice of Contact Person: Dennis Hlasta, Ph.D., obtain a copy of the data collection Closed Meeting Scientific Review Officer, National Institute plans and instruments, submit of Biomedical Imaging and Bioengineering, comments in writing, or request more Pursuant to section 10(d) of the National Institutes of Health, 6707 information on the proposed project, Federal Advisory Committee Act, as Democracy Blvd., Bethesda, MD 20892, (301) contact: Andrew Hooper, Ph.D., NIMH amended, notice is hereby given of a 451–4794, [email protected]. Project Clearance Liaison, Science meeting of the National Institute of (Catalogue of Federal Domestic Assistance Policy and Evaluation Branch, Office of Biomedical Imaging and Bioengineering Program Nos. 93.866, National Institute of Science Policy, Planning and Special Emphasis Panel. Biomedical Imaging and Bioengineering, National Institutes of Health, HHS) Communications, NIMH, Neuroscience The meetings will be closed to the Center, 6001 Executive Boulevard, MSC public in accordance with the Dated: April 30, 2021. 9667, Bethesda, Maryland 20892, call provisions set forth in sections Ronald J. Livingston, Jr., (301) 480–8433, or email your request, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Analyst, Office of Federal Advisory including your mailing address, to as amended. The grant applications and Committee Policy. [email protected]. the discussions could disclose [FR Doc. 2021–09491 Filed 5–4–21; 8:45 am] Formal requests for additional plans and confidential trade secrets or commercial BILLING CODE 4140–01–P instruments must be requested in property such as patentable material, writing. and personal information concerning SUPPLEMENTARY INFORMATION: Section individuals associated with the grant DEPARTMENT OF HEALTH AND HUMAN SERVICES 3506(c)(2)(A) of the Paperwork applications, the disclosure of which Reduction Act of 1995 requires: Written would constitute a clearly unwarranted National Institutes of Health comments and/or suggestions from the invasion of personal privacy. public and affected agencies are invited Name of Committee: National Institute of Proposed Collection; 60-Day Comment to address one or more of the following Biomedical Imaging and Bioengineering Request; Generic Clearance To Collect points: (1) Whether the proposed Special Emphasis Panel; P41 NCBIB Review Stakeholder Feedback on the Research collection of information is necessary F–SEP 2. Domain Criteria (RDoC) Initiative, for the proper performance of the Date: June 21–23, 2021. (NIMH) Time: 9:00 a.m. to 5:00 p.m. function of the agency, including Agenda: To review and evaluate grant AGENCY: National Institutes of Health, whether the information will have applications. HHS. practical utility; (2) The accuracy of the agency’s estimate of the burden of the Place: National Institutes of Health, Two ACTION: Notice. Democracy Plaza, 6707 Democracy proposed collection of information,

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including the validity of the stakeholder feedback to assess the rdoc/index.shtml), and several methodology and assumptions used; (3) strengths and weaknesses of the educational and training resources Ways to enhance the quality, utility, and Research Domain Criteria (RDoC) (including webinars) to educate the field clarity of the information to be initiative. NIMH launched RDoC in and interface with scientists who may collected; and (4) Ways to minimizes 2009 to implement Strategy 1.4 of the have questions about RDoC (https:// the burden of the collection of 2008 NIMH Strategic Plan: ‘‘Develop www.nimh.nih.gov/research-priorities/ information on those who are to new ways of classifying disorders based rdoc/rdoc-educational-and-training- respond, including the use of on dimensions of observable behaviors resources.shtml). The evaluation appropriate automated, electronic, and brain functions.’’ Rather than approach will be conducted using mechanical, or other technological beginning with a syndrome and then surveys centered around current content collection techniques or other forms of working ‘‘down’’ to clarify mechanisms, (i.e., website, twitter, and webinars), as information technology. the aim of RDoC is to guide research well as open ended surveys that will Proposed Collection Title: Generic that begins with disruptions in cover the scientific content of RDoC. Clearance to Collect Stakeholder neurobiological and behavioral The information collected will be used Feedback on the Research Domain mechanisms, and then works across by NIMH staff to determine success of Criteria (RDoC) Initiative, 0925–0756, systems to clarify connections among the RDoC initiative, develop future EXTENSION, exp., date 07/31/2021, such disruptions and clinical directions and endeavors, and to help National Institute of Mental Health symptoms. NIMH has developed social guide programmatic priorities for RDoC (NIMH), National Institutes of Health media platforms and tools for the RDoC and the Institute. (NIH). initiative, including a dedicated RDoC OMB approval is requested for 3 Need and Use of Information twitter account (https://twitter.com/ years. There are no costs to respondents Collection: This request serves as notice nimh_rdoc), the RDoC website, which other than their time. The total that the National Institute of Mental also houses the RDoC matrix (https:// estimated annualized burden hours are Health (NIMH) plans to collect www.nimh.nih.gov/research-priorities/ 490.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Total annual Instrument type respondents responses per response burden hours respondent (in hours)

Workshops ...... 50 1 8 400 Interviews ...... 10 1 30/60 5 Surveys ...... 100 1 30/60 50 Focus Groups ...... 10 1 1 10 Evaluation Forms ...... 100 1 15/60 25

Total ...... 270 270 ...... 490

Dated: April 14, 2021. confidential trade secrets or commercial Dated: April 30, 2021. Andrew A. Hooper, property such as patentable material, Ronald J. Livingston, Jr., Project Clearance Liaison, National Institute and personal information concerning Program Analyst, Office of Federal Advisory of Mental Health, National Institutes of individuals associated with the grant Committee Policy. Health. applications, the disclosure of which [FR Doc. 2021–09492 Filed 5–4–21; 8:45 am] [FR Doc. 2021–09486 Filed 5–4–21; 8:45 am] would constitute a clearly unwarranted BILLING CODE 4140–01–P BILLING CODE 4140–01–P invasion of personal privacy. Name of Committee: National Institute of DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Biomedical Imaging and Bioengineering HUMAN SERVICES HUMAN SERVICES Special Emphasis Panel; P41 NCBIB Review D–SEP. National Institutes of Health National Institutes of Health Date: June 29–July 1, 2021. Time: 09:00 a.m. to 1:00 p.m. National Institute of Diabetes and National Institute of Biomedical Agenda: To review and evaluate grant Digestive and Kidney Diseases; Notice Imaging and Bioengineering; Notice of applications. of Closed Meeting Closed Meeting Place: National Institutes of Health, Pursuant to section 10(d) of the Democracy II, 707 Democracy Blvd., Pursuant to section 10(d) of the Federal Advisory Committee Act, as Bethesda, MD 20892 (Virtual Meeting). Federal Advisory Committee Act, as amended, notice is hereby given of a Contact Person: John K. Hayes, Ph.D., amended, notice is hereby given of the meeting of the National Institute of Scientific Review Officer, National Institute following meeting. of Biomedical Imaging and Bioengineering, Biomedical Imaging and Bioengineering The meeting will be closed to the National Institutes of Health, 6707 Special Emphasis Panel. public in accordance with the The meetings will be closed to the Democracy Blvd., Suite 959, Bethesda, MD provisions set forth in sections public in accordance with the 20892, (301) 451–3398, [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections (Catalogue of Federal Domestic Assistance as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Nos. 93.866, National Institute of the discussions could disclose as amended. The grant applications and Biomedical Imaging and Bioengineering, confidential trade secrets or commercial the discussions could disclose National Institutes of Health, HHS) property such as patentable material,

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and personal information concerning ACTION: Notice of initiation of reviews; once every 5 years. Our regulations at 50 individuals associated with the grant request for information. CFR 424.21 require that we publish a applications, the disclosure of which notice in the Federal Register would constitute a clearly unwarranted SUMMARY: We, the U.S. Fish and announcing those species under active invasion of personal privacy. Wildlife Service, are conducting 5-year review. For additional information status reviews under the Endangered Name of Committee: National Institute of about 5-year reviews, refer to our Species Act of 23 animal and plant factsheet at http://www.fws.gov/ Diabetes and Digestive and Kidney Diseases species. A 5-year status review is based Special Emphasis Panel; R13 Conference endangered/what-we-do/recovery- Grant Applications. on the best scientific and commercial overview.html. Date: June 24, 2021. data available at the time of the review; Time: 10:00 a.m. to 11:30 a.m. therefore, we are requesting submission What information do we consider in Agenda: To review and evaluate grant of any such information that has become our review? applications. available since the last review for the Place: National Institutes of Health, Two species. A 5-year review considers all new Democracy Plaza, 6707 Democracy information available at the time of the Boulevard, Bethesda, MD 20892 (Virtual DATES: To ensure consideration, we are review. In conducting these reviews, we Meeting). requesting submission of new consider the best scientific and Contact Person: Jian Yang, Ph.D., Scientific information no later than June 4, 2021. commercial data that have become Review Officer, Review Branch, Division of However, we will continue to accept available since the listing determination Extramural Activities, NIDDK, National new information about any listed or most recent status review, such as: Institutes of Health, Room 7011, 6707 species at any time. Democracy Boulevard, Bethesda, MD 20892– (A) Species biology, including but not ADDRESSES: For how to request or 5452, (301) 594–7799, yangj@ limited to population trends, submit information, see Request for extra.niddk.nih.gov, distribution, abundance, demographics, Information and How Do I Ask (Catalogue of Federal Domestic Assistance and genetics; Questions or Provide Information? in Program Nos. 93.847, Diabetes, (B) Habitat conditions, including but Endocrinology and Metabolic Research; the SUPPLEMENTARY INFORMATION section. 93.848, Digestive Diseases and Nutrition FOR FURTHER INFORMATION CONTACT: For not limited to amount, distribution, and Research; 93.849, Kidney Diseases, Urology general information, please contact suitability; and Hematology Research, National Institutes Angela Anders, via phone at 505–248– (C) Conservation measures that have of Health, HHS) 7953 or via email at Angela_Anders@ been implemented that benefit the Dated: April 30, 2021. fws.gov (email). For information on a species; Miguelina Perez, particular species, contact the (D) Threat status and trends in Program Analyst, Office of Federal Advisory appropriate person or office listed in the relation to the five listing factors (as Committee Policy. table in the SUPPLEMENTARY INFORMATION defined in section 4(a)(1) of the ESA); [FR Doc. 2021–09490 Filed 5–4–21; 8:45 am] section. Individuals who are hearing and impaired or speech impaired may call BILLING CODE 4140–01–P (E) Other new information, data, or the Federal Relay Service at 800–877– corrections, including but not limited to 8339 for TTY assistance. taxonomic or nomenclatural changes, DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: identification of erroneous information Why do we conduct a 5-year review? contained in the List, and improved Fish and Wildlife Service analytical methods. Under the Endangered Species Act of [Docket No. FWS–R2–ES–2020–0133; 1973, as amended (ESA; 16 U.S.C. 1531 Any new information will be FXES11130200000–212–FF02ENEH00] et seq.), we maintain Lists of considered during the 5-year review and will also be useful in evaluating the Endangered and Threatened Wildlife Endangered and Threatened Wildlife and Plants (which we collectively refer ongoing recovery programs for the and Plants; Initiation of 5-Year Status species. Reviews of 23 Species in the to as the List) in the Code of Federal Southwest Regulations (CFR) at 50 CFR 17.11 (for Which species are under review? animals) and 17.12 (for plants). Section AGENCY: Fish and Wildlife Service, 4(c)(2)(A) of the ESA requires us to The species in the following table are Interior. review each listed species’ status at least under active 5-year status review.

Final listing rule (Federal Register Contact person, phone, Contact person’s U.S. Common name Scientific name Listing status Current range citation and email mail address publication date)

ANIMALS

Trout, Apache ..... Oncorhynchus Threatened ...... Arizona (USA) ...... 40 FR 29863, 7/16/1975 Jeff Humphrey, Field U.S. Fish and Wildlife apache. Supervisor, 602–242– Service, Arizona Eco- 0210 (phone) or logical Services Of- Jeff_Humphrey@ fice, 9828 North 31st fws.gov (email). Avenue, #C3, Phoe- nix, AZ 85051–2518. Crane, whooping Grus americana .... Endangered ..... Kansas, Montana, Ne- 32 FR 4001, 3/11/1967 Peter Fasbender, As- U.S. Fish and Wildlife braska, North Dakota, sistant Regional Di- Service, Southwest Oklahoma, South Da- rector—Ecological Regional Office, P.O. kota, Texas, Wis- Services, 505–248– Box 1306, Albu- consin (USA), and 6671 (office phone) or querque, NM, 87103. Canada. Peter_Fasbender@ fws.gov (email).

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Final listing rule (Federal Register Contact person, phone, Contact person’s U.S. Common name Scientific name Listing status Current range citation and email mail address publication date)

Experimental Alabama, Arkansas, 58 FR 5561, 1/22/0993; population, Colorado, Florida, 62 FR 38932, 7/21/ non-essential. Georgia, Idaho, Illi- 1997; 66 FR 33903, nois, Indiana, Iowa, 6/26/2001; 76 FR Kentucky, Louisiana, 6066 2/3/2011. Michigan, Minnesota, Missouri, North Caro- lina, New Mexico, Ohio, South Carolina, Tennessee, Utah, Vir- ginia, Wisconsin, West Virginia. Prairie-chicken, Tympanuchus Endangered ..... Texas (USA) ...... 32 FR 4001, 3/11/1967 John Magera, Refuge Attwater Prairie Chicken Attwater’s cupido attwateri. Manager, 979–234– National Wildlife Ref- greater. 3021 (office phone) or uge, P.O. Box 519, John_Magera@ Eagle Lake, Texas fws.gov (email). 77434. Amphipod, Peck’s Stygobromus ...... Endangered ..... Texas (USA) ...... 62 FR 66295, 12/18/ Adam Zerrenner, Field U.S. Fish and Wildlife Cave. (=Stygonectes) Endangered ..... Texas (USA) ...... 1997. Supervisor, 512–490– Service, Austin Eco- Beetle [no com- pecki. 65 FR 81419 12/26/ 0057 (office phone), logical Services Field mon name]. Rhadine infernalis 2000. 512–577–6594 (direct Office, 10711 Burnet line) or Adam_ Road, Suite 200, Aus- [email protected] tin, TX 78758. (email). Beetle [no com- Rhadine exilis ...... Endangered ..... Texas (USA) ...... 65 FR 81419, 12/26/ mon name]. 2000. Beetle, Comal Stygoparnus Endangered ..... Texas (USA) ...... 62 FR 66295, 12/18/ Springs dryopid. comalensis. 1997. Beetle, Comal Heterelmis Endangered ..... Texas (USA) ...... 62 FR 66295, 12/18/ Springs riffle. comalensis. 1997. Pupfish, Coman- Cyprinodon Endangered ..... Texas (USA) ...... 32 FR 4001, 3/11/1967. che Springs. elegans. Pupfish, Leon Cyprinodon Endangered ..... Texas (USA) ...... 45 FR 54678, 8/15/1980. Springs. bovinus. Salamander, Eurycea naufragia Threatened ...... Texas (USA) ...... 79 FR 20107, 4/11/2014. Georgetown. Salamander, Eurycea tonkawae Threatened ...... Texas (USA) ...... 78 FR 51278, 8/20/2013. Jollyville Pla- teau. Salamander, Sa- Eurycea Threatened ...... Texas (USA) ...... 79 FR 20107, 4/11/2014. lado. chisholmensis. Salamander, San Eurycea nana ...... Threatened ...... Texas (USA) ...... 45 FR 47355, 7/14/1980. Marcos. Spider, Govern- Neoleptoneta Endangered ..... Texas (USA) ...... 65 FR 81418, 12/26/ ment Canyon microps. 2000. Bat Cave. Warbler (=wood), Dendroica Endangered ..... Texas (USA), El Sal- 55 FR 53153, 12/27/ golden- chrysoparia. vador, Guatemala, 1990. cheeked. Honduras, Mexico, and Nicaragua. Chub, Chihuahua Gila nigrescens ..... Threatened ...... New Mexico (USA), and 48 FR 46053, 10/11/ Shawn Sartorious, Field U.S. Fish and Wildlife Mexico. 1983. Supervisor, 505–761– Service, 2105 Osuna 4781 or Shawn_ Rd. NE, Albuquerque, [email protected] NM 87113–1001. (email). Isopod, Socorro .. Thermosphaeroma Endangered ..... New Mexico (USA) ...... 43 FR 12690, 3/27/1978. thermophilus.

PLANTS

Wild-buckwheat, Eriogonum Threatened ...... New Mexico (USA) ...... 46 FR 49639, 1/19/1981 Shawn Sartorious, Field U.S. Fish and Wildlife Gypsum. gypsophilum. Endangered ..... Colorado and New Mex- 44 FR 62244, 10/29/ Supervisor, 505–761– Service, 2105 Osuna Cactus, Pediocactus ico (USA). 1979. 4781 or Shawn_ Rd. NE, Albuquerque, Knowlton’s. knowltonii. [email protected] NM 87113–1001. (email). Ladies-tresses, Spiranthes Endangered ..... Arizona (USA) ...... 62 FR 665, 1/6/1997 .... Jeff Humphrey, Field U.S. Fish and Wildlife Canelo Hills. delitescens. Endangered ..... Arizona (USA) ...... 44 FR 61927, 10/26/ Supervisor, 602–242– Service, Arizona Eco- Cactus, Nichol’s Echinocactus 1979. 0210 (phone) or Jeff_ logical Services Of- Turk’s head. horizonthalonius [email protected] fice, 9828 North 31st var. nicholii. (email). Avenue, #C3, Phoe- nix, AZ 85051–2517. Ragwort, San Packera Threatened ...... Arizona (USA) ...... 44 FR 61927, 10/26/ Francisco franciscana. 1979. Peaks.

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Request for Information DEPARTMENT OF THE INTERIOR to produce conservative initial take estimates for new wind energy facilities, To ensure that a 5-year review is Fish and Wildlife Service as well as to produce more precise complete and based on the best updated estimates for operating available scientific and commercial [Docket No. FWS–HQ–MB–2017–0092; 91200–FF09M20300–189– facilities that have collected fatality information, we request new FXMB123109EAGLE] monitoring data. The take estimates information from all sources. See What provided by the CRM allow the Service Information Do We Consider in Our Updated Collision Risk Model Priors to ensure authorized eagle take numbers Review? for specific criteria. If you for Estimating Eagle Fatalities at Wind are within the eagle management unit submit information, please support it Energy Facilities take limits, and provide the data with documentation such as maps, necessary to assess effects of take AGENCY: Fish and Wildlife Service, bibliographic references, methods used permits on local area eagle populations, Interior. to gather and analyze the data, and/or both required actions under our copies of any pertinent publications, ACTION: Notice of availability. Programmatic Environmental Impact Statement for eagle take permits reports, or letters by knowledgeable SUMMARY: This notice announces our (USFWS 2016a). The CRM incorporates sources. adoption of updated species-specific prior information (priors) on eagle eagle exposure and collision How do I ask questions or provide exposure and eagle collision probability, probabilities used to generate fatality information? and these priors are updated as new estimates for consideration in issuing information becomes available as part of eagle incidental take permits to wind- If you wish to provide information for the adaptive management process energy facilities under the Bald and any species listed above, please submit associated with eagle take permitting Golden Eagle Protection Act. This action your comments and materials to the (USFWS 2016b). appropriate contact in the table above. will improve our ability to carry out our statutory responsibility to ensure In 2017 the Service undertook a You may also direct questions to those review of newly available information contacts. Individuals who are hearing conservation of bald eagles and golden eagles when issuing those permits. and generated updated priors for the impaired or speech impaired may call CRM. The Service announced the the Federal Relay Service at 800–877– DATES: May 6, 2021. updated priors and availability of a 8339 for TTY assistance. ADDRESSES: Information related to this report summarizing the analysis in a notice, including the public comments Public Availability of Comments June 21, 2018, Federal Register notice received in response to the previous (83 FR 28858) that solicited public Before including your address, phone Federal Register notices, is available at comment on the proposed priors and number, email address, or other the Federal eRulemaking Portal: http:// how the Service should use the updated personal identifying information in your www.regulations.gov in Docket No. bald eagle priors in the CRM. The report comment, you should be aware that FWS–HQ–MB–2017–0092. is available at: https://www.fws.gov/ your entire comment—including your FOR FURTHER INFORMATION CONTACT: migratorybirds/pdf/management/ personal identifying information—may Brian Millsap, at 505–559–3963 crmpriorsreport2018.pdf or as described _ _ be made publicly available at any time. (telephone), or brian a [email protected] above in ADDRESSES (at While you can ask us in your comment (email). Individuals who are hearing www.regulations.gov in Docket No. FWS–HQ–MB–2017–0092). At the to withhold your personal identifying impaired or speech impaired may call the Federal Relay Service at 800–877– request of wind-industry information from public review, we 8337 for TTY assistance. representatives, the Service reopened cannot guarantee that we will be able to SUPPLEMENTARY INFORMATION: the comment period for another 30 days do so. on November 13, 2018 (83 FR 56365). Background Completed and Active Reviews Alternatives Considered and Summary The Bald and Golden Eagle Protection of Responses A list of all completed and currently Act (16 U.S.C. 668–668d; ‘‘Act’’) active 5-year reviews can be found at prohibits take of bald eagles and golden In our notice of availability, we https://ecos.fws.gov/ecp/report/species- eagles except pursuant to Federal presented updated priors for golden five-year-review. regulations. The Act authorizes the eagle exposure and golden eagle Secretary of the Interior to issue collision probability. We also developed Authority regulations to permit the ‘‘taking’’ of and presented for the first time priors This document is published under the eagles for various purposes, provided for bald eagle exposure and collision authority of the Endangered Species Act the taking is compatible with the probability. These updated and new of 1973, as amended (16 U.S.C. 1531 et preservation of eagles. Under priors incorporate substantial new seq.). regulations in part 22 of title 50 of the information, and their adoption thus Code of Federal Regulations, we, the constitutes an improvement in the Amy L. Lueders, U.S. Fish and Wildlife Service scientific information used by the Regional Director, Southwest Region, U.S. (hereafter, ‘‘the Service’’), issue permits Service to estimate the effects of our Fish and Wildlife Service. to authorize take of eagles that is take permits on eagle populations. [FR Doc. 2021–09379 Filed 5–4–21; 8:45 am] incidental to an activity (50 CFR 22.26). The alternatives for both eagle species BILLING CODE 4333–15–P In carrying out our responsibility to that we considered and presented for issue these types of permits for wind- public comment are as follows: energy facilities, we use a collision-risk Alternative 1—Use the updated model (CRM) to predict the number of species-specific priors, and use the 80th bald and golden eagles that may be quantile of the CRM fatality estimates as taken at facilities (USFWS 2013; New et the initial permitted take number for al. 2015). The CRM allows the Service permits, as is the current practice.

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Alternative 2—Use the updated Industry rejected Alternative 3 on the managed-species/eagle- species-specific priors, and because bald grounds that available data and reports management.php) or the equivalent. eagle populations are increasing and on eagle and wind interaction exist that Upon publication of this notice, we additional take is sustainable (U.S. Fish could be used to inform a reasonable will use the following data and risk and Wildlife Service 2016a,c), accept a risk assessment approach without the tolerances for initial fatality predictions more risk-tolerant CRM approach for the need for eliciting scientific and at wind energy facilities: The updated initial permitted take number for bald technical judgments from experts. species-specific exposure and collision eagles. However, of the State fish and wildlife priors for both eagle species; the 80th Alternative 3—Given the limitations agencies that commented, most quantile of the fatality distribution as in data available to inform the bald supported Alternative 3 because a the permitted take number for golden eagle priors, initiate an expert- further refined national bald eagle prior eagles; and the 60th quantile of the elicitation process to further refine the using expert elicitation would help to fatality distribution as the permitted bald eagle priors. inform the uncertainty in the exposure take number for bald eagles. We will use Of the 58 comments received during and collision probability for bald eagles the updated priors for all eagle the two comment periods, we received given their variable densities across the incidental take permits issued to wind substantive comments from several landscape. facilities, including those issued under the Endangered Species Act (16 U.S.C. entities, including States, environmental Service Decision organizations, and wind-energy 1531 et seq.) when eagles are covered in organizations or companies. Many of the The Service is adopting Alternative 2 a habitat conservation plan as a non- comments stated that the Service’s CRM as the best approach given currently listed species. (See 50 CFR 22.11(a).) either overestimated or underestimated available data and status of eagle Literature Cited eagle fatalities, or stated that another populations. We will use the 80th method for estimating exposures and quantile of the fatality distribution as U.S. Fish and Wildlife Service. 2011. collisions should be adopted. Because the initial permitted take number for Migratory Birds; Draft Eagle Conservation the CRM has been the subject of three golden eagles and the 60th quantile of Plan Guidance. 76:9529–9530. prior peer reviews and three rounds of the fatality distribution as the initial U.S. Fish and Wildlife Service. 2013. Migratory Birds; Eagle Conservation Plan public comment (February 18, 2011; permitted take number for bald eagles. Guidance: Module 1—Land-Based Wind May 2, 2013; May 6, 2016 [U.S. Fish and We regard this approach as a suitable Energy, Version 2. Federal Register 78:25758. Wildlife Service 2011, 2013, 2016]), balance between the more secure status U.S. Fish and Wildlife Service. 2016a. including being considered in detail as of bald eagles and the uncertainty in Programmatic Environmental Impact part of the 2016 revisions to the their take estimates that is consistent Statement for the Eagle Rule Revision. regulations pertaining to incidental take with our 2016 Programmatic Division of Migratory Bird Management, U.S. of eagles and eagle nests (81 FR 91494, Environmental Impact Statement Fish and Wildlife Service, Washington, DC (USFWS 2016a). USA. https://www.fws.gov/migratorybirds/ December 16, 2016), we regarded these pdf/management/FINAL-PEIS-Permits-to- comments as outside the scope of this With regard to initiating an expert Incidentally-Take-Eagles.pdf. notice and we did not consider them elicitation process, we agree with many U.S. Fish and Wildlife Service. 2016b. further. States that gathering additional Eagle Permits; Revisions to Regulations for Most of the comments were in information from either experts or Eagle Incidental Take and Take of Eagle support of Alternative 1, use of the 80th industry has the potential to further Nests. Federal Register 242:91494–91553. quantile of the species-specific fatality refine the bald eagle priors. For this U.S. Fish and Wildlife Service. 2016c. Bald and golden eagles: Population demographics distributions. However, many comments reason, we may choose to engage in an and estimation of sustainable take in the from the wind industry opposed expert elicitation process in the future. United States, 2016 update. Status Reports, Alternative 1 and asserted that approach In the meantime, the best method to Division of Migratory Bird Management, U.S. was not based on best available science gain the information needed to develop Fish and Wildlife Service, Washington, DC and results in unduly burdensome a more accurate assessment is through USA. https://www.fws.gov/migratorybirds/ higher costs for eagle take that is fatality monitoring of permitted pdf/management/EagleRuleRevisions- unlikely to occur. projects. The fatality-estimation process StatusReport.pdf. Industry largely objected to using the CRM is an exercise in adaptive Martha Williams, Alternative 2 because the underlying management, and as more data are Principal Deputy Director, Exercising the priors are still based on data that does collected the Service will continue to Delegated Authority of the Director, U.S. Fish not represent all locations in the United revise and update the priors over time. and Wildlife Service. States. One energy coalition suggested Should it become apparent that a [FR Doc. 2021–09362 Filed 5–4–21; 8:45 am] that Alternative 2 should not be used different risk balance is appropriate BILLING CODE 4333–15–P because a confidence interval should based on additional data, we will not be prematurely selected until the address that scenario in conjunction Service has validated the model. This with a future update of the CRM. In DEPARTMENT OF THE INTERIOR validation process should include order to streamline the adaptive public input to ensure that those management process and ensure rapid Bureau of Land Management impacted by the take estimates have an adoption of new scientific information [LLHQ310000.L13100000.PP0000; OMB opportunity to evaluate and opine on going forward, in the future the Service Control No. 1004–0179] the impacts of any confidence interval will update and implement the updated selected. A major trade association priors for both eagle species as soon as Agency Information Collection commented that Alternative 2 using the sufficient new information becomes Activities; Helium Contracts 50th or 60th quantile of the fatality available to warrant an update. We will AGENCY: Bureau of Land Management, distribution for bald eagles as the notify the public of future updates by Interior. permitted take number would be posting them on the Service’s Eagle ACTION: Notice of information collection; preferable to the current use of the 80th Management web page (https:// request for comment. quantile. www.fws.gov/birds/management/

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SUMMARY: In accordance with the (3) Ways to enhance the quality, Estimated Completion Time per Paperwork Reduction Act of 1995, the utility, and clarity of the information to Response: 4 hours. Bureau of Land Management (BLM) be collected; and Total Estimated Number of Annual proposes to renew an information (4) How might the agency minimize Burden Hours: 244. collection. the burden of the collection of Respondent’s Obligation: Required to obtain or retain a benefit. DATES: Interested persons are invited to information on those who are to Frequency of Collection: Quarterly for submit comments on or before July 6, respond, including through the use of the Refined Helium Deliveries Detail 2021. appropriate automated, electronic, mechanical, or other technological (Form 3195–4); Annually for the ADDRESSES: Send your written collection techniques or other forms of Calculation of Excess Refining Capacity comments on this information information technology, e.g., permitting (Form 3195–1) and Refiners’ Annual collection request (ICR) by mail to electronic submission of response. Tolling Report (Form 3195–2); and On Darrin King, Information Collection Comments that you submit in occasion for the Refiners’ Tolling Clearance Officer, U.S. Department of response to this notice are a matter of Occurrence Report (Form 3195–3). the Interior, Bureau of Land public record. We will include or Total Estimated Annual Nonhour Management, Attention PRA Office, 440 summarize each comment in our request Burden Cost: None. W 200 S #500, Salt Lake City, UT 84101; to OMB to approve this ICR. Before An agency may not conduct or or by email to BLM_HQ_PRA_ including your address, phone number, sponsor and, notwithstanding any other [email protected]. Please reference email address, or other personal provision of law, a person is not Office of Management and Budget required to respond to a collection of (OMB) Control Number 1004–0179 in identifying information in your comment, you should be aware that information unless it displays a the subject line of your comments. currently valid OMB control number. Please note that due to COVID–19, the your entire comment—including your personal identifying information—may The authority for this action is the electronic submission of comments is Paperwork Reduction Act of 1995 (44 recommended. be made publicly available at any time. While you can ask us in your comment U.S.C. 3501 et seq.). FOR FURTHER INFORMATION CONTACT: To to withhold your personal identifying Darrin A. King, request additional information about information from public review, we Information Collection Clearance Officer. this ICR, contact Jennifer Spencer by cannot guarantee that we will be able to [FR Doc. 2021–09495 Filed 5–4–21; 8:45 am] email at [email protected], or by do so. BILLING CODE 4310–84–P telephone at 307–775–6261. Individuals Abstract: This control number who are hearing or speech impaired authorizes the BLM to collect may call the Federal Relay Service at 1– information that enables in-kind sales of DEPARTMENT OF THE INTERIOR 800–877–8339 for TTY assistance. You helium in accordance with the Helium may also view the ICR at http:// Stewardship Act (50 U.S.C. 167–167q) Bureau of Land Management www.reginfo.gov/public/do/PRAMain. and 43 CFR part 3195. This request of SUPPLEMENTARY INFORMATION: In [LLHQ310000.L13100000.PP0000; OMB for OMB to renew this OMB control Control No. 1004–0034] accordance with the Paperwork number for an additional three years. Reduction Act of 1995 (PRA, 44 U.S.C. There are no program, form, or other Agency Information Collection 3501 et seq.) and 5 CFR 1320.8(d)(1), all policy changes proposed with this Activities; Oil and Gas, or Geothermal information collections require approval renewal request. The BLM is requesting, Resources: Transfers and under the PRA. The BLM may not however, that the burden for this OMB Assignments conduct or sponsor, and you are not control number be adjusted from 240 to required to respond to a collection of 244 total annual burden hours. The AGENCY: Bureau of Land Management, information unless it displays a change in burden results from changes Interior. currently valid OMB control number. to the number of respondents for each ACTION: Notice of information collection; As part of our continuing effort to information collection (form number) request for comment. reduce paperwork and respondent approved under this OMB control burdens, we invite the public and other SUMMARY: In accordance with the number. Federal agencies to comment on new, Paperwork Reduction Act of 1995, the Title of Collection: Helium Contracts proposed, revised, and continuing Bureau of Land Management (BLM) (43 CFR part 3195). collections of information. This helps us proposes to renew an information OMB Control Number: 1004–0179. assess the impact of our information collection. Form Numbers: 3195–1; 3195–2; collection requirements and minimize DATES: Interested persons are invited to the public’s reporting burden. It also 3195–3; and 3195–4. Type of Review: Extension of a submit comments on or before June 4, helps the public understand our 2021. information collection requirements and currently approved collection. ADDRESSES: provide the requested data in the Respondents/Affected Public: Private Written comments and desired format. helium merchants that sell a major recommendations for the proposed We are especially interested in public helium requirement (i.e., an amount of information collection should be sent comment addressing the following: refined helium greater than 200,000 within 30 days of publication of this (1) Whether or not the collection of standard cubic feet of refined gaseous notice to www.reginfo.gov/public/do/ information is necessary for the proper helium or 7,510 liters of liquid helium) PRAMain. Find this particular performance of the functions of the to a Federal agency or to private helium information collection by selecting agency, including whether or not the purchasers for use in Federal ‘‘Currently under 30-day Review—Open information will have practical utility; Government contracts. for Public Comments’’ or by using the (2) The accuracy of our estimate of the Total Estimated Number of Annual search function. burden for this collection of Respondents: 40. FOR FURTHER INFORMATION CONTACT: To information, including the validity of Total Estimated Number of Annual request additional information about the methodology and assumptions used; Responses: 61. this ICR, contact Jennifer Spencer by

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email at [email protected], or by withhold your personal identifying Assignments (43 CFR Subparts 3106, telephone at 307–775–6261. Individuals information from public review, we 3135, and 3216). who are hearing or speech impaired cannot guarantee that we will be able to OMB Control Number: 1004–0034. may call the Federal Relay Service at 1– do so. Form Numbers: 3000–003; 3000–003a. 800–877–8339 for TTY assistance. You Abstract: This collection of Type of Review: Extension with may also view the ICR at http:// information enables the BLM to process revision of a currently approved www.reginfo.gov/public/do/PRAMain. assignments of record title interest and collection. SUPPLEMENTARY INFORMATION: In transfers of operating rights in a lease Respondents/Affected Public: accordance with the Paperwork for oil and gas or geothermal resources. Assignors and assignees of record title Reduction Act of 1995 (PRA, 44 U.S.C. Each assignment or transfer is a contract interest in a lease for oil and gas or 3501 et seq.) and 5 CFR 1320.8(d)(1), we between private parties but, by law, geothermal resources; and transferors provide the general public and other must be approved by the Secretary. The and transferees of operating rights Federal agencies with an opportunity to BLM uses information about (sublease) in a lease for oil and gas or comment on new, proposed, revised, assignments and transfers to prevent geothermal resources. and continuing collections of unlawful extraction of mineral Total Estimated Number of Annual information. This helps us assess the resources, to ensure prompt payment of Respondents: 8,818. impact of our information collection rentals and royalties for the rights Total Estimated Number of Annual requirements and minimize the public’s obtained under a Federal lease, and to Responses: 8,818. ensure that leases are not encumbered reporting burden. It also helps the Estimated Completion Time per with agreements that cause the minerals public understand our information Response: 30 minutes. to be uneconomical to produce, collection requirements and provide the Total Estimated Number of Annual resulting in lost revenues to the Federal requested data in the desired format. Burden Hours: 4,410. Government. The information also A Federal Register notice with a 60- Respondent’s Obligation: Required to enables the BLM to ensure the assignee day public comment period soliciting obtain or retain a benefit. or transferee is in compliance with the comments on this collection of Frequency of Collection: On occasion. bonding requirements, when necessary, information was published on December Total Estimated Annual Nonhour before approval of the transfer or 21, 2020 (85 FR 83102). No comments Burden Cost: $881,800. assignment. Form 3000–003 is used to An agency may not conduct or were received. transfer record title interest (i.e., As part of our continuing effort to sponsor and, notwithstanding any other primary ownership of a lease or the provision of law, a person is not reduce paperwork and respondent lessee’s interest). Form 3003–003a is burdens, we are again soliciting required to respond to a collection of used to transfer operating rights interest information unless it displays a comments from the public and other (i.e., also referred to as working interest Federal agencies on the proposed ICR currently valid OMB control number. or a sublease). This request is to extend The authority for this action is the that is described below. We are for an additional three years OMB’s especially interested in public comment Paperwork Reduction Act of 1995 (44 approval for the collections of U.S.C. 3501 et seq.). addressing the following: information under this OMB control (1) Whether or not the collection of number. Darrin King, information is necessary for the proper There are no changes to the Information Collection Clearance Officer. performance of the functions of the information collections (Forms 3003– agency, including whether or not the [FR Doc. 2021–09496 Filed 5–4–21; 8:45 am] 003 and 3003–003a) under OMB control BILLING CODE 4310–84–P information will have practical utility; number 1004–0034. The only program (2) The accuracy of our estimate of the change to the information collections is burden for this collection of due to an increase in cost-recovery fees information, including the validity of from $95 to $100 per filing. The INTERNATIONAL TRADE the methodology and assumptions used; estimated annual responses have been COMMISSION (3) Ways to enhance the quality, adjusted downward by 8,808, from utility, and clarity of the information to 17,626 to 8,818 responses. These be collected; and [Investigation Nos. 701–TA–523 and 731– adjustments have decreased the hour TA–1259 (Review)] (4) How might the agency minimize burden by 4,404, from 8,814 to 4,410 the burden of the collection of hours. Similarly, the non-hour cost Boltless Steel Shelving Units information on those who are to burdens have been adjusted downward Prepackaged for Sale From China respond, including through the use of by $792,670, from $1,674,470 to appropriate automated, electronic, $881,800. This downward adjustment in Determinations mechanical, or other technological costs is offset by a $44,090 increase due On the basis of the record 1 developed collection techniques or other forms of to an increase in cost recovery fees. The in the subject five-year reviews, the information technology, e.g., permitting cost recovery fees were increased United States International Trade electronic submission of response. pursuant to a BLM final rule titled, Commission (‘‘Commission’’) Comments that you submit in Minerals Management: Adjustment of determines, pursuant to the Tariff Act of response to this notice are a matter of Cost Recovery Fees, published in the 1930 (‘‘the Act’’), that revocation of the public record. Before including your Federal Register on October 9, 2020 (85 antidumping and countervailing duty address, phone number, email address, FR 64056). The itemized changes in orders on boltless steel shelving units or other personal identifying burdens are outlined in the information prepackaged for sale from China would information in your comment, you collection request that has been be likely to lead to continuation or should be aware that your entire submitted to OMB and is available at recurrence of material injury to an comment—including your personal http://www.reginfo.gov/public/do/ identifying information—may be made PRAMain. 1 The record is defined in § 207.2(f) of the publicly available at any time. While Title of Collection: Oil and Gas, or Commission’s Rules of Practice and Procedure (19 you can ask us in your comment to Geothermal Resources: Transfers and CFR 207.2(f)).

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industry in the United States within a Public comment is invited within 60 3. Additionally, Morton and US Salt reasonably foreseeable time. days of the date of this notice. Such are two of only three companies that comments, including the name of the supply U.S. households with ‘‘round- Background submitter, and responses thereto, will be can’’ table salt, a type of evaporated salt The Commission instituted these posted on the Antitrust Division’s that is sold in 26-ounce round reviews on September 1, 2020 (85 FR website, filed with the Court, and, under containers with a metal spout and used 54404) and determined on December 7, certain circumstances, published in the to flavor food. 2020 that it would conduct expedited Federal Register. Comments should be 4. Morton and US Salt are also two of reviews (86 FR 18295, April 8, 2021). submitted in English and directed to only three major suppliers in the The Commission made these Katrina Rouse, Chief, Defense, northeastern United States of bulk determinations pursuant to section Industrials, and Aerospace Section, evaporated salt, which is used by food 751(c) of the Act (19 U.S.C. 1675(c)). It Antitrust Division, Department of processors and chemical manufacturers completed and filed its determinations Justice, 450 Fifth Street NW, Suite 8700, to make pre-packaged food and in these reviews on April 29, 2021. The Washington, DC 20530. everyday cleaning products. views of the Commission are contained 5. Today, customers benefit from Suzanne Morris, in USITC Publication 5190 (April 2021), competition between Morton and US Chief, Premerger and Division Statistics, Salt in the form of lower prices, higher entitled Boltless Steel Shelving Units Antitrust Division. Prepackaged for Sale from China: quality products, and/or improved Investigation Nos. 701–TA–523 and UNITED STATES DISTRICT COURT service. The proposed transaction 731–TA–1259 (Review). FOR THE DISTRICT OF COLUMBIA would eliminate this competition, By order of the Commission. UNITED STATES OF AMERICA, U.S. driving the opposite result: Higher prices, lower quality products, and Issued: April 29, 2021. Department of Justice, Antitrust Division, 450 Fifth Street N.W., Suite 8700, Washington, poorer service for customers of Lisa Barton, DC 20530. Plaintiff, v. STONE CANYON pharmaceutical-grade salt in the United Secretary to the Commission. INDUSTRIES HOLDINGS LLC, 1875 Century States and Canada, for customers of [FR Doc. 2021–09429 Filed 5–4–21; 8:45 am] Park East, Suite 320, Los Angeles, CA 90067, round-can table salt in the United BILLING CODE 7020–02–P SCIH SALT HOLDINGS INC., 10995 Lowell States, and for customers of bulk Avenue, Suite 500, Overland Park, KS 66210, K+S AKTIENGESELLSCHAFT Bertha-von- evaporated salt in the northeastern Suttner-Str. 7, 34131 Kassel, Hesse, Germany, United States. DEPARTMENT OF JUSTICE and MORTON SALT, INC., 444 West Lake 6. Accordingly, SCIH’s acquisition of Street, Suite 300, Chicago, IL 60606, Morton would violate Section 7 of the Antitrust Division Defendants. Clayton Act, 15 U.S.C. 18, and should Civil Action No.: 1:21–cv–01067–TJK be enjoined. United States v. Stone Canyon Judge Timothy J. Kelly Industries Holdings LLC, et al.; II. The Parties and the Transaction Proposed Final Judgment and Complaint 7. K+S AG is a chemical company Competitive Impact Statement The United States of America headquartered in Kassel, Germany. In (‘‘United States’’), acting under the 2020, K+S AG reported revenues of Notice is hereby given pursuant to the direction of the Attorney General of the approximately $4.4 billion. K+S AG’s Antitrust Procedures and Penalties Act, United States, brings this civil antitrust Operating Unit Salt Americas business 15 U.S.C. 16(b)–(h), that a proposed action against Defendants Stone Canyon includes Morton as well as K+S Final Judgment, Stipulation, and Industries Holdings LLC (‘‘Stone Windsor Salt, which sells salt products Competitive Impact Statement have Canyon’’), SCIH Salt Holdings Inc. in Canada, and Sociedad Punta de been filed with the United States (‘‘SCIH’’), K+S Aktiengesellschaft (‘‘K+S Lobos, which sells salt products in District Court for the District of AG’’), and Morton Salt, Inc. (‘‘Morton’’) Chile. Columbia in United States of America v. to enjoin SCIH’s proposed acquisition of 8. Morton is a K+S AG subsidiary Stone Canyon Industries Holdings LLC, assets including Morton from K+S AG. with approximately $1 billion in Civil Action No. 21–cv–01067. On April The United States complains and alleges revenue in 2020. Morton is the largest 19, 2021, the United States filed a as follows: supplier of pharmaceutical-grade salt in Complaint alleging that the acquisition the United States and Canada, the I. Nature of the Action of Morton Salt, Inc. by SCIH Salt largest supplier of round-can table salt Holdings Inc. (‘‘SCIH’’) would violate 1. Pursuant to a Transaction in the United States, and one of only Section 7 of the Clayton Act, 15 U.S.C. Agreement dated October 5, 2020, SCIH three suppliers of bulk evaporated salt 18. The proposed Final Judgment, filed intends to acquire assets including in the northeastern United States. at the same time as the Complaint, Morton from K+S AG for approximately 9. Stone Canyon is an industrial requires SCIH to divest its US Salt LLC $3.2 billion. As a result of the holding company incorporated in subsidiary. acquisition, SCIH would control both Delaware and headquartered in Los Copies of the Complaint, proposed Morton and US Salt, which are the Angeles, California. Stone Canyon Final Judgment, and Competitive Impact largest suppliers of certain evaporated acquired Kissner Group Holdings LP, Statement are available for inspection salt products in the United States. which it later renamed SCIH, in April on the Antitrust Division’s website at 2. Together, Morton and US Salt 2020. http://www.justice.gov/atr and at the would have a monopoly in the United 10. SCIH is a subsidiary of Stone Office of the Clerk of the United States States and Canada for pharmaceutical- Canyon and is headquartered in District Court for the District of grade salt, the purest grade of Overland Park, Kansas. In 2020, SCIH Columbia. Copies of these materials may evaporated salt, which is used to make had revenues of approximately $1 be obtained from the Antitrust Division life-saving treatments and products for billion. SCIH is a leading supplier of salt upon request and payment of the patients in need of dialysis fluid, products, including evaporated salt. copying fee set by Department of Justice intravenous saline solution, or other 11. US Salt, a subsidiary of SCIH with regulations. medical products. approximately $95 million in revenues

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in 2020, is the nation’s second-largest irregularly shaped, and contains other contain additives such as anti-caking supplier of pharmaceutical-grade salt in minerals and impurities. As a result, agents that are added during the the United States and Canada, the rock salt is used for applications that processing of other types of evaporated second-largest supplier of round-can have less demanding quality salt. Because of these requirements, table salt in the United States, and one requirements such as de-icing roads. pharmaceutical-grade salt is more of only three suppliers of bulk Solar salt is created when salt water is difficult to produce than other forms of evaporated salt in the northeastern captured in shallow ponds where the evaporated salt. United States. sun evaporates most of the water. It can 22. In the event of a small but 12. Pursuant to a Transaction only be produced in warm climates significant increase in price by a Agreement dated October 5, 2020, SCIH where the evaporation rate exceeds the hypothetical monopolist of agreed to acquire K+S AG’s Operating precipitation rate. Solar salt is less pure pharmaceutical-grade salt, substitution Unit Salt Americas business, including and not as uniform in shape as away from pharmaceutical-grade salt Morton, for approximately $3.2 billion. evaporated salt, but it is purer than rock would be insufficient to render the price salt. Solar salt is used for applications increase unprofitable. Pharmaceutical- III. Jurisdiction and Venue such as water softening. grade salt is therefore a line of 13. The United States brings this 18. Evaporated salt typically is used commerce, or relevant product market, action under Section 15 of the Clayton in applications that require the highest for purposes of analyzing the effects of Act, 15 U.S.C. 25, to prevent and quality of salt, such as human the acquisition under Section 7 of the restrain Defendants from violating consumption. There are different types Clayton Act, 15 U.S.C. 18. of evaporated salt that have different Section 7 of the Clayton Act, 15 U.S.C. ii. Round-Can Table Salt 18. characteristics, end uses, and customers. 14. Defendants’ activities Three types of evaporated salt produced 23. Table salt is evaporated salt that substantially affect interstate commerce. by Defendants constitute relevant is processed for human consumption. It Defendants sell pharmaceutical-grade product markets—pharmaceutical-grade is regulated by the Food and Drug salt and round-can table salt throughout salt, round-can table salt, and bulk Administration (‘‘FDA’’) and must meet the United States and bulk evaporated evaporated salt. high purity standards. Table salt also has a highly consistent size across salt throughout the northeastern United i. Pharmaceutical-Grade Salt States. This Court has subject matter granules and contains agents to prevent jurisdiction over this matter pursuant to 19. Pharmaceutical-grade salt is the clumping and evaporation. Without Section 15 of the Clayton Act, 15 U.S.C. grade of salt with the highest percentage additional processing—which raises 25, and 28 U.S.C. 1331, 1337(a), and of sodium chloride and thus is the price considerably—rock salt and solar 1345. purest grade of evaporated salt. salt cannot meet the same purity 15. Defendants have consented to Pharmaceutical-grade salt is used in the requirements or achieve the same venue and personal jurisdiction in this pharmaceutical industry as a building consistent granule size as table salt. judicial district. Venue is proper under block for a number of life-saving Pharmaceutical-grade salt meets the Section 12 of the Clayton Act, 15 U.S.C. treatments and products, including purity requirements for table salt but 22, and 28 U.S.C. 1391(b) and (c)(2), for dialysis fluid, intravenous saline does not contain the necessary agents to Stone Canyon, SCIH, and Morton, and solution, and other medical products. prevent clumping and evaporation. As venue is proper for K+S AG, a German Pharmaceutical-grade salt must be such, rock salt, solar salt, and evaporated from salt deposits of pharmaceutical-grade salt are not corporation, under 28 U.S.C. 1391(c)(3). extremely high purity and then undergo substitutes for table salt. IV. Relevant Markets post-production processing to ensure 24. In the United States, the packaging that it contains virtually no trace format strongly preferred by consumers A. Relevant Product Markets minerals or other impurities. for table salt is the round can, which is 16. Morton and SCIH’s US Salt 20. Because of these stringent a 26-ounce cardboard cylinder with a subsidiary both produce and sell standards, the mining and production paper label and a metal spout. The evaporated salt. Evaporated salt is a type process for pharmaceutical-grade salt round-can’s size, shape, material, and of sodium chloride produced through must be extensively monitored and metal spout make it an easy receptacle ‘‘vacuum evaporation.’’ In the vacuum documented to ensure purity and to use one-handed without spilling evaporation process, water is pumped consistency across production batches. while cooking or refilling a salt shaker, into a salt deposit where the salt This documentation must then be which is a product characteristic that is dissolves, and the resulting brine is provided to customers as a validation of highly valued by consumers. Reflecting forced into an evaporator on the surface the quality and purity of the consumer preference, retailers like where it is boiled in a series of pans pharmaceutical-grade salt. grocery stores dedicate shelf space until only the salt remains. Evaporated 21. Rock salt and solar salt do not specifically to round-can packaging. As salt is nearly 100% sodium chloride and meet the purity requirements for a result, approximately 95% of the table contains almost no other trace minerals. pharmaceutical-grade salt. Other grades salt sold to consumers in the United Because of the evaporation process, of evaporated salt—for example, salt States is sold in a round can. individual grains of evaporated salt are used in food processing—also cannot 25. Table salt packaged in other also more consistent and regularly serve as a substitute for pharmaceutical- containers, such as boxes or bags, is not shaped than other forms of salt. grade salt. Pharmaceutical-grade salt a reasonable substitute for round-can 17. Evaporated salt is distinct from must contain a higher percentage of table salt. Boxes without a metal spout salt created through other production sodium chloride than other types of and bags are more difficult to use and methods, such as rock salt and solar evaporated salt. This ensures that it store and may spill once opened. Larger salt. Rock salt is mined and then does not contain trace minerals that packages of table salt also are not crushed into smaller sizes before being would impact the efficacy of reasonable substitutes for round-can transported to the surface. Rock salt is pharmaceutical products made using table salt, as they contain significantly less expensive to produce than pharmaceutical-grade salt. more salt than an individual can evaporated salt, but it is also coarser, Pharmaceutical-grade salt also cannot practically use.

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26. In the event of a small but under Section 7 of the Clayton Act, 15 iii. Bulk Evaporated Salt significant increase in price by a U.S.C. 18. 37. Bulk evaporated salt is a product hypothetical monopolist of round-can B. Relevant Geographic Markets that can be produced at a relatively low table salt, substitution away from round- cost, but it is heavy and therefore can table salt would be insufficient to i. Pharmaceutical-Grade Salt expensive to transport. As a result, render the price increase unprofitable. 31. Pharmaceutical-grade salt is customers purchase from nearby Round-can table salt is therefore a line manufactured in only a few locations in suppliers to minimize shipping costs of commerce, or relevant product the United States. From these locations, that can be high relative to the value of market, for purposes of analyzing the pharmaceutical-grade salt is shipped to the bulk evaporated salt being effects of the acquisition under Section customers throughout the United States purchased. 7 of the Clayton Act, 15 U.S.C. 18. and Canada. 38. Both Morton and US Salt—along iii. Bulk Evaporated Salt 32. While pharmaceutical-grade salt is with only one other competitor— shipped throughout the United States operate bulk evaporated salt production 27. Bulk evaporated salt is salt that is and Canada, shipping it from overseas is facilities in upstate New York. All three of sufficient purity to be used for human prohibitively expensive. This is because companies use these facilities to service consumption that is sold in bulk form. pharmaceutical-grade salt may not customers in the northeastern United Bulk evaporated salt is used to contain anti-caking agents. Without States, including Connecticut, Delaware, manufacture chemicals necessary to anti-caking agents, pharmaceutical- Maine, Massachusetts, New Hampshire, create essential everyday cleaning grade salt has a short shelf-life and may New Jersey, New York, Pennsylvania, products such as disinfectants, soap, be damaged by the time and rigors of Rhode Island, and Vermont. Customers and bleach. Bulk evaporated salt is also ocean-shipping. These limitations make in the northeastern United States can an essential ingredient in nearly all ocean-shipping cost-prohibitive. economically procure bulk evaporated processed pre-packaged foods, such as 33. A hypothetical monopolist of salt from only these three locations. sauces, chips and other snacks, and pharmaceutical-grade salt in the United Other more distant bulk evaporated salt frozen meals. Because bulk evaporated States and Canada could profitably facilities cannot compete successfully salt is incorporated into products end- impose a small but significant non- on a regular basis for customers in the consumers ingest or touch, it is transitory increase in price for northeastern United States because the regulated by the FDA and must meet pharmaceutical-grade salt without suppliers are too far away, making stringent purity requirements. losing sufficient sales to render the price transportation costs too great. 28. Customers for bulk evaporated salt increase unprofitable. Accordingly, the 39. A hypothetical monopolist of bulk include chemical companies and large relevant geographic market for the evaporated salt in the northeastern pre-packaged food manufacturers as purposes of analyzing the effects of the United States could profitably impose a well as smaller customers, such as acquisition on pharmaceutical-grade salt small but significant non-transitory bakeries, that use salt as an essential under Section 7 of the Clayton Act, 15 increase in price for bulk evaporated ingredient in their food products. To U.S.C. 18, is the United States and salt without losing sufficient sales to accommodate these customers, many of Canada. render the price increase unprofitable. whom purchase thousands of tons of ii. Round-Can Table Salt Accordingly, the relevant geographic salt per year, evaporated salt is sold in market for the purposes of analyzing the bulk, by the truckload or in containers 34. Competition among round-can effects of the acquisition on bulk ranging from 50-pound bags to 2,000- table salt suppliers occurs at a national evaporated salt under Section 7 of the pound ‘‘super-sacks.’’ level. Retailers, many of which are Clayton Act, 15 U.S.C. 18, is the 29. Bulk evaporated salt is distinct grocery store chains, mass northeastern United States. from evaporated salt used for other merchandisers, or convenience stores applications. Compared to other types of with large national footprints, purchase V. Anticompetitive Effects evaporated salt, it has unique end-uses, round-can table salt for all of their 40. The proposed transaction would customers, and packaging. While locations at once, and suppliers ship lessen competition and harm customers pharmaceutical-grade salt and round- round-can table salt from coast to coast. for pharmaceutical-grade salt in the can table salt are of sufficient purity, 35. Round-can table salt is not United States and Canada, round-can they are priced too high and packaged imported from outside the United table salt in the United States, and bulk in quantities that are too small to serve States. In addition to being heavy—and evaporated salt in the northeastern as substitutes for bulk evaporated salt. therefore expensive to transport—table United States by eliminating the Bulk evaporated salt also is distinct salt in other countries is typically sold substantial head-to-head competition from rock salt and solar salt, which have in bags or cardboard boxes. As such, that currently exists between Morton lower purity levels and non-uniform foreign suppliers of table salt typically and US Salt. Customers in each of these textures that make them unsuitable for lack the production facilities to produce markets would pay higher prices and chemical and food-production end uses. round cans for the United States market. receive lower quality and service as a None of these types of salt can serve as 36. A hypothetical monopolist of result of the acquisition. a substitute to bulk evaporated salt. round-can table salt in the United States 30. In the event of a small but could profitably impose a small but A. Pharmaceutical-Grade Salt in the significant increase in price by a significant non-transitory increase in United States and Canada hypothetical monopolist of bulk price for round-can table salt without 41. Morton and US Salt are the only evaporated salt, substitution away from losing sufficient sales to render the price two suppliers of pharmaceutical-grade bulk evaporated salt would be increase unprofitable. Accordingly, the salt in the United States and Canada, insufficient to render the price increase relevant geographic market for the with Morton currently having a market unprofitable. Bulk evaporated salt is purposes of analyzing the effects of the share of around 77% and US Salt a therefore a line of commerce, or relevant acquisition on round-can table salt share of around 23%. The acquisition product market, for purposes of under Section 7 of the Clayton Act, 15 would thus give the combined firm a analyzing the effects of the acquisition U.S.C. 18, is the United States. monopoly in the sale of pharmaceutical-

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grade salt in the United States and combination of Morton and US Salt several years, at a minimum. No new Canada, leaving pharmaceutical would eliminate this competition and evaporated salt facility has been companies and other customers without its future benefits to customers, constructed in the United States in over a competitive alternative for this critical including grocery chains, big box stores, 20 years. ingredient in dialysis fluid, intravenous and discount stores. 54. Even if an entrant was able to saline solution, and other medical 48. The proposed acquisition, construct an evaporated salt production products. therefore, likely would substantially facility, before selling a single grain of 42. Morton and US Salt compete to lessen competition in the production of pharmaceutical-grade salt, it would sell pharmaceutical-grade salt on the round-can table salt in the United States need to install and test additional basis of quality and surety of supply. in violation of Section 7 of the Clayton equipment needed to meet the exacting This competition has resulted in higher Act, 15 U.S.C. 18. purity requirements for pharmaceutical- quality, lower prices, and better grade salt. Reputational barriers make customer service. The combination of C. Bulk Evaporated Salt in the Northeastern United States entry even more difficult, as customers Morton and US Salt would eliminate would be reluctant to switch to an this competition and its future benefits 49. Three bulk evaporated salt unproven supplier that could not to customers, including pharmaceutical suppliers—Morton, US Salt, and one guarantee access to high-quality companies. Post-acquisition, the additional competitor, each with pharmaceutical-grade salt. Thus, entry combined Morton and US Salt likely production facilities in upstate New would not be timely, likely, or sufficient would have the incentive and ability to York—compete for bulk evaporated salt to mitigate the anticompetitive effects increase prices and offer less favorable customers in the northeastern United from SCIH’s proposed acquisition of contractual terms. States. The combination of Morton and Morton. 43. The proposed acquisition, US Salt would eliminate the head-to- therefore, likely would substantially head competition between the parties B. Difficulty of Entry Into Round-Can lessen competition in the production of and result in only two remaining Table Salt in the United States pharmaceutical-grade salt in the United competitors in the region. 55. Entry of new competitors into States and Canada in violation of 50. Bulk evaporated salt customers in round-can table salt in the United States Section 7 of the Clayton Act, 15 U.S.C. the northeastern United States, would be difficult and time-consuming 18. including food processors and chemical and is unlikely to prevent the B. Round-Can Table Salt in the United manufacturers, have been able to secure anticompetitive effects that are likely to States lower prices and improved quality and result if the proposed transaction is service—such as more reliable consummated. 44. Morton and US Salt are two of the delivery—by threatening to switch largest table salt suppliers in the United 56. Even though table salt has lower between Morton and US Salt. The purity requirements than States and are two of only three elimination of this head-to-head suppliers of round-can table salt in the pharmaceutical-grade salt, a round-can competition would allow a combined table salt entrant would still need to United States. Morton is the largest Morton and US Salt to exercise market supplier of branded round-can table salt take all of the steps to construct a power to unilaterally increase prices facility that a pharmaceutical-grade salt in the United States. US Salt is the and reduce the quality and service for largest supplier of private-label round- entrant would, including locating an bulk evaporated salt customers in the appropriate salt deposit, and investing can table salt—which is made by US northeastern United States. Salt but sold under the brands of significant time and money to build the 51. The proposed acquisition, facility. retailers and other third-parties—in the therefore, likely would substantially United States. US Salt is also the 57. In addition, an entrant in round- lessen competition in the production of can table salt would have to secure a second-largest supplier of branded bulk evaporated salt in the northeastern round-can table salt, with around six round-can packaging line. The United States in violation of Section 7 packaging process for round-can table percent of sales. of the Clayton Act, 15 U.S.C. 18. 45. Today, US Salt’s private-label and salt, created decades ago, is based on branded round-can table salt products VI. Entry technology from that era and has proven compete directly with Morton’s branded to be difficult to replicate in a price- A. Difficulty of Entry Into round-can table salt. Together, the competitive manner. As a result, Pharmaceutical-Grade Salt in the combined firm would control at least potential entrants with access to United States and Canada 90% of the round-can table salt market suitable salt deposits have tried, and in the United States. 52. Entry of new competitors into failed, to develop round-can packaging 46. The combination of Morton and pharmaceutical-grade salt in the United technology in the last five years. US Salt would eliminate the head-to- States would be difficult and time- 58. Entry through the construction of head competition between Morton and consuming and is unlikely to prevent a new round-can table salt facility US Salt and leave customers in the the harm to competition that is likely to therefore will not be timely, likely, or United States with only two alternatives result if the proposed transaction is sufficient to mitigate the for round-can table salt in the United consummated. anticompetitive effects of SCIH’s States. Post-acquisition, the combined 53. A potential pharmaceutical-grade proposed acquisition of Morton. salt entrant would need to acquire firm likely would have the incentive C. Difficulty of Entry Into Bulk suitable land that includes a salt deposit and ability to increase prices and offer Evaporated Salt in the Northeastern of sufficient purity, obtain the permits less favorable contractual terms. United States 47. Morton and US Salt compete for necessary to construct an evaporation sales of round-can table salt on the basis and processing facility, possess or 59. Entry of new competitors into of quality, price, and contractual terms obtain appropriate financing for a bulk evaporated salt in the northeastern such as delivery times. This competition significant capital expenditure, and then United States would be difficult and has resulted in higher quality, lower design, construct, and qualify the time-consuming and is unlikely to prices, and more reliable delivery. The facility. This process would likely take prevent the harm to competition that is

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likely to result if the proposed RICHARD POWERS Court to modify any provision of this transaction is consummated. Acting Assistant Attorney General Antitrust Final Judgment; 60. Just as with pharmaceutical-grade Division Now therefore, it is ordered, salt or round-can table salt, a new lllllllllllllllllllll adjudged, and decreed: entrant in bulk evaporated salt would KATHLEEN S. O’NEILL need to invest significant time and Senior Director of Investigation and I. Jurisdiction money to acquire land and construct an Litigation, Antitrust Division lllllllllllllllllllll The Court has jurisdiction over the evaporated salt processing facility. Entry subject matter of and each of the parties into bulk evaporated salt in the KATRINA ROUSE (D.C. Bar #1013035) to this action. The Complaint states a northeastern United States is Chief, Defense, Industrials, and Aerospace claim upon which relief may be granted particularly difficult because this area Section, Antitrust Division against Defendants under Section 7 of has limited salt deposits, which are lllllllllllllllllllll the Clayton Act, as amended (15 U.S.C. necessary serve the market. JAY D. OWEN 18). 61. Entry through the construction of Assistant Chief, Defense, Industrials, and a new bulk evaporated salt production Aerospace Section, Antitrust Division II. Definitions facility will therefore not be timely, lllllllllllllllllllll As used in this Final Judgment: likely, or sufficient to mitigate the KERRIE J. FREEBORN * A. ‘‘Stone Canyon’’ means Defendant anticompetitive effects from SCIH’s (D.C. Bar #503143) Stone Canyon Industries Holdings LLC, proposed acquisition of Morton. BINDI BHAGAT JANET BRODY a Delaware limited corporation with its VII. Violations Alleged GABRIELLA R. MOSKOWITZ headquarters in Los Angeles, California, 62. SCIH’s proposed acquisition of (D.C. Bar #1044309) its successors and assigns, and its REBECCA VALENTINE subsidiaries, divisions, groups, Morton is likely to substantially lessen (D.C. Bar #989607) competition in the production and sale affiliates, including SCIH, partnerships, Trial Attorneys and joint ventures, and their directors, of evaporated salt products, including Defense, Industrials, and Aerospace Section, pharmaceutical-grade salt in the United officers, managers, agents, and Antitrust Division employees. States and Canada, round-can table salt 450 Fifth Street NW, Suite 8700 in the United States, and bulk Washington, DC 20530 B. ‘‘SCIH’’ means Defendant SCIH Salt evaporated salt in the northeastern Telephone: (202) 476–9160 Holdings Inc., an affiliate of Stone United States, in violation of Section 7 Facsimile: (202) 514–9033 Canyon and a Delaware corporation of the Clayton Act, 15 U.S.C. 18. Email: [email protected] with its headquarters in Overland Park, 63. The acquisition will likely have * LEAD ATTORNEY TO BE NOTICED Kansas, its successors and assigns, and the following anticompetitive effects, its subsidiaries, divisions, groups, UNITED STATES DISTRICT COURT affiliates, partnerships, and joint among others, in the relevant markets: FOR THE DISTRICT OF COLUMBIA a. Actual and potential competition ventures, and their directors, officers, between Morton and US Salt will be UNITED STATES OF AMERICA, Plaintiff, managers, agents and employees. eliminated; v. STONE CANYON INDUSTRIES C. ‘‘US Salt’’ means US Salt LLC, a b. competition generally will be HOLDINGS LLC; SCIH SALT HOLDINGS Delaware limited liability company with substantially lessened; and INC; MORTON SALT, INC.; and K+S its headquarters in Overland Park, AKTIENGESELLSCHAFT, Defendants. c. prices will likely increase and Kansas, its successors and assigns, and quality and the level of service will Civil Action No.: 1:21–cv–01067–TJK its subsidiaries, divisions, groups, Judge Timothy J. Kelly likely decrease. affiliates, partnerships, and joint VIII. Request for Relief Proposed Final Judgment ventures, and their directors, officers, managers, agents, and employees. US 64. The United States requests that Whereas, Plaintiff, United States of America, filed its Complaint on April Salt is an indirect, wholly-owned this Court: subsidiary of SCIH. a. Adjudge and decree SCIH’s 19, 2021; D. ‘‘K+S AG’’ means Defendant K+S acquisition of Morton to be unlawful And whereas, the United States and Aktiengesellschaft, a German company and in violation of Section 7 of the Defendants, Stone Canyon Industries with its headquarters in Hesse, Clayton Act, 15 U.S.C. 18; Holdings LLC (‘‘Stone Canyon’’); SCIH b. preliminarily and permanently Salt Holdings Inc. (‘‘SCIH’’); Morton Germany, its successors and assigns, enjoin Defendants and all persons acting Salt, Inc. (‘‘Morton’’); and K+S and its subsidiaries, divisions, groups, on their behalf from consummating the Aktiengesellschaft (K+S AG’’), have affiliates, partnerships, and joint proposed acquisition by SCIH of Morton consented to entry of this Final ventures, and their directors, officers, or from entering into or carrying out any Judgment without the taking of managers, agents, and employees. other contract, agreement, plan, or testimony, without trial or adjudication E. ‘‘Morton’’ means Defendant Morton understanding, the effect of which of any issue of fact or law, and without Salt, Inc., a Delaware corporation with would be to combine Morton with US this Final Judgment constituting any its headquarters in Chicago, Illinois, its Salt; evidence against or admission by any successors and assigns, and its c. award the United States the costs party relating to any issue of fact or law; subsidiaries, divisions, groups, for this action; and And whereas, Defendants agree to affiliates, partnerships, and joint d. grant the United States such other make a divestiture to remedy the loss of ventures, and their directors, officers, relief as the Court deems just and competition alleged in the Complaint; managers, agents, and employees. proper. And whereas, Defendants represent F. ‘‘Acquirer’’ means the entity to Dated: April 19, 2021 that the divestiture and other relief which Defendants divest the Divestiture Respectfully submitted, required by this Final Judgment can and Assets. COUNSEL FOR PLAINTIFF UNITED will be made and that Defendants will G. ‘‘Divestiture Assets’’ means all of STATES: not later raise a claim of hardship or Defendants’ rights, titles, and interests lllllllllllllllllllll difficulty as grounds for asking the in US Salt, including:

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1. The refinery and associated acreage Provided, however, that the assets take any action to impede the located at 3580 Salt Point Road, Watkins specified in Paragraphs (G)(1)–(9) above permitting, operation, or divestiture of Glen, NY 14891; do not include (a) any trademarks, trade the Divestiture Assets. Defendants must 2. the leased warehouse located at 224 names, commercial names, doing take no action that would jeopardize the N Main Street, Horseheads, NY 14845; business as (‘‘d/b/a’’) names, service divestiture ordered by the Court. 3. all other real property, including marks, or service names containing the C. Unless the United States otherwise fee simple interests and real property name ‘‘Kissner’’ or (b) the SCIH consents in writing, divestiture leasehold interests and renewal rights enterprise licenses for Adobe Acrobat, pursuant to this Final Judgment must thereto, improvements to real property, Atera, Microsoft Office 365, Mitel, Team include the entire Divestiture Assets and options to purchase any adjoining Viewer, Ultipro, and Webroot. and must be accomplished in such a or other property, together with all H. ‘‘Divestiture Date’’ means the date way as to satisfy the United States, in its buildings, facilities, and other on which the Divestiture Assets are sole discretion, that the Divestiture structures; divested to Acquirer pursuant to this Assets can and will be used by Acquirer 4. all tangible personal property, Final Judgment. as part of a viable, ongoing business in including fixed assets, machinery and I. ‘‘Including’’ means including but the production and sale of evaporated manufacturing equipment, tools, not limited to. salt products and that the divestiture to vehicles, inventory, materials, office J. ‘‘Relevant Personnel’’ means all Acquirer will remedy the competitive equipment and furniture, computer full-time, part-time, or contract harm alleged in the Complaint. hardware, and supplies; employees involved in the production D. The divestiture must be made to an 5. all contracts, contractual rights, and or sale of evaporated salt, wherever Acquirer that, in the United States’ sole customer relationships, and all other located, for (1) US Salt, or (2) SCIH. judgment, has the intent and capability, agreements, commitments, and Provided, however, that Relevant including the necessary managerial, understandings, including supply Personnel does not include (a) operational, technical, and financial agreements, teaming agreements, and employees of SCIH engaged in human capability, to compete effectively in the leases, and all outstanding offers or resources, legal, information technology, production and sale of evaporated salt solicitations to enter into a similar or other general or administrative products. arrangement; support functions; or (b) any SCIH E. The divestiture must be 6. all licenses, permits, certifications, employee with the title Senior Vice accomplished in a manner that satisfies approvals, consents, registrations, President or higher. the United States, in its sole discretion, waivers, and authorizations issued or K. ‘‘Transaction’’ means the proposed that none of the terms of any agreement granted by any governmental acquisition of Morton by SCIH. between Acquirer and Defendants gives organization, and all pending Defendants the ability unreasonably to applications or renewals; III. Applicability raise Acquirer’s costs, lower Acquirer’s 7. all records and data, including (a) A. This Final Judgment applies to efficiency, or otherwise interfere in the customer lists, accounts, sales, and Stone Canyon, SCIH, Morton, and K+S ability of the Acquirer to compete credits records, (b) production, repair, AG, as defined above, and all other effectively in the production and sale of maintenance, and performance records, persons in active concert or evaporated salt products. (c) manuals and technical information participation with any Defendant who F. In accomplishing the divestiture Defendants provide to their own receive actual notice of this Final ordered by this Final Judgment, employees, customers, suppliers, agents, Judgment. Defendants promptly must make or licensees, (d) records and research B. If, prior to complying with Section known, by usual and customary means, data concerning historic and current IV and Section V of this Final Judgment, the availability of the Divestiture Assets. research and development activities, Defendants sell or otherwise dispose of Defendants must inform any person and (e) drawings, blueprints, and all or substantially all of their assets or making an inquiry relating to a possible designs; of business units that include the purchase of the Divestiture Assets that 8. all intellectual property owned, Divestiture Assets, Defendants must the Divestiture Assets are being divested licensed, or sublicensed, either as require any purchaser to be bound by in accordance with this Final Judgment licensor or licensee, including (a) the provisions of this Final Judgment. and must provide that person with a patents, patent applications, and Defendants need not obtain such an copy of this Final Judgment. Defendants inventions and discoveries that may be agreement from Acquirer. must offer to furnish to all prospective patentable, (b) registered and Acquirers, subject to customary unregistered copyrights and copyright IV. Divestiture confidentiality assurances, all applications, and (c) registered and A. Defendants are ordered and information and documents relating to unregistered trademarks, trade dress, directed, within 120 calendar days after the Divestiture Assets that are service marks, trade names, and the Court’s entry of the Asset customarily provided in a due-diligence trademark applications; and Preservation and Hold Separate process; provided, however, that 9. all other intangible property, Stipulation and Order in this matter, to Defendants need not provide including (a) commercial names and d/ divest the Divestiture Assets in a information or documents subject to the b/a names, (b) technical information, (c) manner consistent with this Final attorney-client privilege or work- computer software and related Judgment to an Acquirer acceptable to product doctrine. Defendants must documentation, know-how, trade the United States, in its sole discretion. make all information and documents secrets, design protocols, specifications The United States, in its sole discretion, available to the United States at the for materials, specifications for parts, may agree to one or more extensions of same time that the information and specifications for devices, safety this time period not to exceed 60 documents are made available to any procedures (e.g., for the handling of calendar days in total and will notify other person. materials and substances), quality the Court of any extensions. G. Defendants must provide assurance and control procedures, and B. Defendants must use best efforts to prospective Acquirers with (1) access to (d) rights in internet websites and divest the Divestiture Assets as make inspections of the Divestiture internet domain names. expeditiously as possible and may not Assets; (2) access to all environmental,

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zoning, and other permitting documents October 5, 2020; or (b) the offer is supply and sales contracts, to Acquirer; and information relating to the approved by the United States in its sole provided, however, that for any contract Divestiture Assets; and (3) access to all discretion. Defendants’ obligations or agreement that requires the consent financial, operational, or other under this Paragraph will expire six of another party to assign, subcontract, documents and information relating to months after the Divestiture Date. or otherwise transfer, Defendants must the Divestiture Assets that customarily 5. For Relevant Personnel who elect use best efforts to accomplish the would be provided as part of a due- employment with Acquirer within six assignment, subcontracting, or transfer. diligence process. Defendants also must months of the Divestiture Date, Defendants must not interfere with any disclose all encumbrances on any part Defendants must waive all non-compete negotiations between Acquirer and a of the Divestiture Assets, including on and non-disclosure agreements, vest all contracting party. intangible property. unvested pension and other equity K. Defendants must use best efforts to H. Defendants must cooperate with rights that those Relevant Personnel assist Acquirer to obtain all necessary and assist Acquirer in identifying and, have fully or partially accrued, provide licenses, registrations, and permits to at the option of Acquirer, hiring all any pay pro-rata, provide all other operate the Divestiture Assets. Until Relevant Personnel, including: compensation and benefits that those Acquirer obtains the necessary licenses, 1. Within 10 business days following Relevant Personnel have fully or registrations, and permits, Defendants the filing of the Complaint in this partially accrued, and provide all other must provide Acquirer with the benefit matter, Defendants must identify all benefits that those Relevant Personnel of Defendants’ licenses, registrations, Relevant Personnel to Acquirer and the otherwise would have been provided and permits to the full extent United States, including by providing had the Relevant Personnel continued permissible by law. organization charts covering all employment with Defendants, including L. At the option of Acquirer, and Relevant Personnel. any retention bonuses or payments. subject to approval by the United States 2. Within 10 business days following Defendants may maintain reasonable in its sole discretion, on or before the receipt of a request by Acquirer or the restrictions on disclosure by Relevant Divestiture Date, Defendants must enter United States, Defendants must provide Personnel of Defendants’ proprietary into a contract to provide transition to Acquirer and the United States non-public information that is unrelated services for back office, human resource, additional information relating to to the production and sale of evaporated and information technology services Relevant Personnel, including name, job salt products and not otherwise required and support for US Salt for a period of title, reporting relationships, past to be disclosed by this Final Judgment. up to 12 months on terms and experience, responsibilities, training 6. For a period of 12 months from the conditions reasonably related to market and educational histories, relevant Divestiture Date, Defendants may not conditions for the provision of the certifications, and job performance solicit to rehire Relevant Personnel who transition services. Any amendment to evaluations. Defendants also must were hired by Acquirer within six or modification of any provision of a provide to Acquirer and the United months of the Divestiture Date unless (a) contract for transition services is subject States current and accrued an individual is terminated or laid off to approval by the United States, in its compensation and benefits, including by Acquirer or (b) Acquirer agrees in sole discretion. The United States, in its most recent bonuses paid, aggregate writing that Defendants may solicit to sole discretion, may approve one or annual compensation, current target or re-hire that individual. Nothing in this more extensions of this contract for guaranteed bonus any retention Paragraph prohibits Defendants from transition services, for a total of up to agreement or incentives, and any other advertising employment openings using an additional six months. If Acquirer payments due, compensation or benefit general solicitations or advertisements seeks an extension of the term of any accrued, or promises made to the and rehiring Relevant Personnel who contract for transition services, Relevant Personnel. If Defendants are apply for an employment opening Defendants must notify the United barred by any applicable law from through a general solicitation or States in writing at least three months providing any of this information, advertisement. prior to the date the contract expires. Defendants must provide, within 10 I. Defendants must warrant to Acquirer may terminate a contract for business days following receipt of the Acquirer that (1) the Divestiture Assets transition services, or any portion of a request, the requested information to the will be operational and without material contract for transition services, without full extent permitted by law and also defect on the date of their transfer to cost or penalty at any time upon 30 must provide a written explanation of Acquirer; (2) there are no material days’ written notice. The employee(s) of Defendants’ inability to provide the defects in the environmental, zoning, or Defendants tasked with providing remaining information, including other permits relating to the operation of transition services must not share any specifically identifying the provisions of the Divestiture Assets; and (3) competitively sensitive information of the applicable laws. Defendants have disclosed all Acquirer with any other employee of 3. At the request of Acquirer, encumbrances on any part of the Defendants. Defendants must promptly make Divestiture Assets, including on M. If any term of an agreement Relevant Personnel available for private intangible property. Following the sale between Defendants and Acquirer, interviews with Acquirer during normal of the Divestiture Assets, Defendants including an agreement to effectuate the business hours at a mutually agreeable must not undertake, directly or divestiture required by this Final location. indirectly, challenges to the Judgment, varies from a term of this 4. Defendants must not interfere with environmental, zoning, or other permits Final Judgment then, to the extent that any effort by Acquirer to employ any relating to the operation of the Defendants cannot fully comply with Relevant Personnel. Interference Divestiture Assets. both, this Final Judgment determines includes offering to increase the J. Defendants must assign, Defendants’ obligations. compensation or improve the benefits of subcontract, or otherwise transfer all Relevant Personnel unless: (a) The offer contracts, agreements, and relationships V. Appointment of Divestiture Trustee is part of a company-wide increase in (or portions of such contracts, A. If Defendants have not divested the compensation or improvement in agreements, and relationships) included Divestiture Assets within the period benefits that was announced prior to in the Divestiture Assets, including all specified in Paragraph IV.A, Defendants

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must immediately notify the United divestiture trustee and Defendants are J. If the divestiture trustee has not States of that fact in writing. Upon unable to reach agreement on the accomplished the divestiture ordered by application of the United States, which divestiture trustee’s compensation or this Final Judgment within six months Defendants may not oppose, the Court other terms and conditions of of appointment, the divestiture trustee will appoint a divestiture trustee engagement within 14 calendar days of must promptly provide the United selected by the United States and the appointment of the divestiture States with a report setting forth: (1) The approved by the Court to effect the trustee by the Court, the United States, divestiture trustee’s efforts to divestiture of the Divestiture Assets. in its sole discretion, may take accomplish the required divestiture; (2) B. After the appointment of a appropriate action, including by making the reasons, in the divestiture trustee’s divestiture trustee by the Court, only the a recommendation to the Court. Within judgment, why the required divestiture divestiture trustee will have the right to three business days of hiring an agent or has not been accomplished; and (3) the sell the Divestiture Assets. The consultant, the divestiture trustee must divestiture trustee’s recommendations divestiture trustee will have the power provide written notice of the hiring and for completing the divestiture. and authority to accomplish the rate of compensation to Defendants and Following receipt of that report, the divestiture to an Acquirer acceptable to the United States. United States may make additional the United States, in its sole discretion, G. The divestiture trustee must recommendations to the Court. The at a price and on terms obtainable account for all monies derived from the Court thereafter may enter such orders through reasonable effort by the sale of the assets sold by the divestiture as it deems appropriate to carry out the divestiture trustee, subject to the trustee and all costs and expenses purpose of this Final Judgment, which provisions of Sections IV, V, and VI of incurred. Within 30 calendar days of the may include extending the trust and the this Final Judgment, and will have other date of the sale of the assets sold by the term of the divestiture trustee’s powers as the Court deems appropriate. divestiture trustee, the divestiture appointment by a period requested by The divestiture trustee must sell the trustee must submit that accounting to the United States. Divestiture Assets as quickly as the Court for approval. After approval K. The divestiture trustee will serve possible. by the Court of the divestiture trustee’s until divestiture of all Divestiture Assets C. Defendants may not object to a sale accounting, including fees for unpaid is completed or for a term otherwise by the divestiture trustee on any ground services and those of agents or ordered by the Court. other than malfeasance by the consultants hired by the divestiture L. If the United States determines that divestiture trustee. Objections by trustee, all remaining money must be the divestiture trustee is not acting Defendants must be conveyed in writing paid to Stone Canyon or SCIH and the diligently or in a reasonably cost- to the United States and the divestiture trust will then be terminated. trustee within 10 calendar days after the H. Defendants must use best efforts to effective manner, the United States may divestiture trustee has provided the assist the divestiture trustee to recommend that the Court appoint a notice of proposed divestiture required accomplish the required divestiture. substitute divestiture trustee. by Section VI. Subject to reasonable protection for VI. Notice of Proposed Divestiture D. The divestiture trustee will serve at trade secrets, other confidential the cost and expense of Defendants research, development, or commercial A. Within two business days pursuant to a written agreement, on information, or any applicable following execution of a definitive terms and conditions, including privileges, Defendants must provide the agreement to divest the Divestiture confidentiality requirements and divestiture trustee and agents or Assets, Defendants or the divestiture conflict-of-interest certifications, that consultants retained by the divestiture trustee, whichever is then responsible are approved by the United States, in its trustee with full and complete access to for effecting the divestiture, must notify sole discretion. all personnel, books, records, and the United States of the proposed E. The divestiture trustee may hire at facilities of the Divestiture Assets. divestiture. If the divestiture trustee is the cost and expense of Defendants any Defendants also must provide or responsible for completing the agents or consultants, including develop financial and other information divestiture, the divestiture trustee also investment bankers, attorneys, and relevant to the Divestiture Assets that must notify Defendants. The notice accountants, that are reasonably the divestiture trustee may reasonably must set forth the details of the necessary in the divestiture trustee’s request. Defendants must not take any proposed divestiture and list the name, judgment to assist with the divestiture action to interfere with or to impede the address, and telephone number of each trustee’s duties. These agents or divestiture trustee’s accomplishment of person not previously identified who consultants will be accountable solely to the divestiture. offered or expressed an interest in or the divestiture trustee and will serve on I. The divestiture trustee must desire to acquire any ownership interest terms and conditions, including terms maintain complete records of all efforts in the Divestiture Assets. and conditions governing made to sell the Divestiture Assets, B. Within 15 calendar days of receipt confidentiality requirements and including by filing monthly reports with by the United States of the notice conflict-of-interest certifications, the United States setting forth the required by Paragraph VI.A, the United approved by the United States in its sole divestiture trustee’s efforts to States may request from Defendants, the discretion. accomplish the divestiture ordered by proposed Acquirer, other third parties, F. The compensation of the this Final Judgment. The reports must or the divestiture trustee additional divestiture trustee and agents or include the name, address, and information concerning the proposed consultants hired by the divestiture telephone number of each person who, divestiture, the proposed Acquirer, and trustee must be reasonable in light of the during the preceding month, made an other prospective Acquirers. Defendants value of the Divestiture Assets and offer to acquire, expressed an interest in and the divestiture trustee must furnish based on a fee arrangement that acquiring, entered into negotiations to the additional information requested provides the divestiture trustee with acquire, or was contacted or made an within 15 calendar days of the receipt incentives based on the price and terms inquiry about acquiring any interest in of the request, unless the United States of the divestiture and the speed with the Divestiture Assets and must describe provides written agreement to a which it is accomplished. If the in detail each contact. different period.

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C. Within 45 calendar days after under Rule 26(c)(1)(G) of the Federal each Defendant’s Chief Financial Officer receipt of the notice required by Rules of Civil Procedure,’’ the United and General Counsel, describing in Paragraph VI.A or within 20 calendar States must give that person ten reasonable detail all actions that days after the United States has been calendar days’ notice before divulging Defendants have taken and all steps that provided the additional information the material in any legal proceeding Defendants have implemented on an requested pursuant to Paragraph VI.B, (other than a grand-jury proceeding). ongoing basis to comply with Section whichever is later, the United States VIII of this Final Judgment. The United will provide written notice to VII. Financing States, in its sole discretion, may Defendants and any divestiture trustee Defendants may not finance all or any approve different signatories for the that states whether the United States, in part of Acquirer’s purchase of all or part affidavits. its sole discretion, objects to the of the Divestiture Assets. E. If a Defendant makes any changes to the actions and steps described in proposed Acquirer or any other aspect VIII. Asset Preservation and Hold affidavits provided pursuant to of the proposed divestiture. Without Separate written notice that the United States Paragraph IX.D, the Defendant must, does not object, a divestiture may not be Defendants must take all steps within 15 calendar days after any consummated. If the United States necessary to comply with the Asset change is implemented, deliver to the provides written notice that it does not Preservation and Hold Separate United States an affidavit describing object, the divestiture may be Stipulation and Order entered by the those changes. consummated, subject only to Court. F. Defendants must keep all records of Defendants’ limited right to object to the IX. Affidavits any efforts made to comply with Section sale under Paragraph V.C of this Final VIII until one year after the divestiture Judgment. Upon objection by A. Within 20 calendar days of the has been completed. filing of the Complaint in this matter, Defendants pursuant to Paragraph V.C, X. Compliance Inspection a divestiture by the divestiture trustee and every 30 calendar days thereafter may not be consummated unless until the divestiture required by this A. For the purpose of determining or approved by the Court. Final Judgment has been completed, securing compliance with this Final D. No information or documents each Defendant must deliver to the Judgment or of related orders such as obtained pursuant to this Section VI United States an affidavit signed by the Asset Preservation and Hold may be divulged by the United States to each Defendant’s Chief Financial Officer Separate Stipulation and Order, or of any person other than an authorized and General Counsel, describing in determining whether this Final representative of the executive branch of reasonable detail the fact and manner of Judgment should be modified or the United States except in the course that Defendant’s compliance with this vacated, upon written request of an of legal proceedings to which the United Final Judgment. The United States, in authorized representative of the States is a party, including grand-jury its sole discretion, may approve Assistant Attorney General for the proceedings, for the purpose of different signatories for the affidavits. Antitrust Division, and reasonable evaluating a proposed Acquirer or B. Each affidavit must include: (1) notice to Defendants, Defendants must securing compliance with this Final The name, address, and telephone permit, from time to time and subject to Judgment, or as otherwise required by number of each person who, during the legally recognized privileges, authorized law. preceding 30 calendar days, made an representatives, including agents E. In the event of a request by a third offer to acquire, expressed an interest in retained by the United States: party for disclosure of information acquiring, entered into negotiations to 1. To have access during Defendants’ under the Freedom of Information Act, acquire, or was contacted or made an office hours to inspect and copy, or at 5 U.S.C. 552, the United States inquiry about acquiring, an interest in the option of the United States, to Department of Justice’s Antitrust the Divestiture Assets, and describe in require Defendants to provide electronic Division will act in accordance with detail each contact with such persons copies of all books, ledgers, accounts, that statute, and the Department of during that period; (2) a description of records, data, and documents in the Justice regulations at 28 CFR part 16, the efforts Defendants have taken to possession, custody, or control of including the provision on confidential solicit buyers for and complete the sale Defendants, relating to any matters commercial information, at 28 CFR 16.7. of the Divestiture Assets and to provide contained in this Final Judgment; and Persons submitting information to the required information to prospective 2. to interview, either informally or on Antitrust Division should designate the Acquirers; and (3) a description of any the record, Defendants’ officers, confidential commercial information limitations placed by Defendants on employees, or agents, who may have portions of all applicable documents information provided to prospective their individual counsel present, and information under 28 CFR 16.7. Acquirers. Objection by the United relating to any matters contained in this Designations of confidentiality expire States to information provided by Final Judgment. The interviews must be ten years after submission, ‘‘unless the Defendants to prospective Acquirers subject to the reasonable convenience of submitter requests and provides must be made within 14 calendar days the interviewee and without restraint or justification for a longer designation of receipt of the affidavit, except that the interference by Defendants. period.’’ See 28 CFR 16.7(b). United States may object at any time if B. Upon the written request of an F. If at the time a person furnishes the information set forth in the affidavit authorized representative of the information or documents to the United is not true or complete. Assistant Attorney General for the States pursuant to this Section VI, that C. Defendants must keep all records of Antitrust Division, Defendants must person represents and identifies in any efforts made to divest the submit written reports or respond to writing information or documents for Divestiture Assets until one year after written interrogatories, under oath if which a claim of protection may be the Divestiture Date. requested, relating to any matters asserted under Rule 26(c)(1)(G) of the D. Within 20 calendar days of the contained in this Final Judgment. Federal Rules of Civil Procedure, and filing of the Complaint in this matter, C. No information or documents marks each pertinent page of such each Defendant must deliver to the obtained by the United States pursuant material, ‘‘Subject to claim of protection United States an affidavit signed by to this Section X may be divulged by the

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United States to any person other than compliance plan. Within 10 business a successful effort by the United States an authorized representative of the days of receiving a notice of rejection, to enforce this Final Judgment against a executive branch of the United States Stone Canyon and SCIH must submit a Defendant, whether litigated or resolved except in the course of legal proceedings revised compliance plan. The United before litigation, that Defendant agrees to which the United States is a party, States may request that the Court to reimburse the United States for the including grand jury proceedings, for determine whether Stone Canyon and fees and expenses of its attorneys, as the purpose of securing compliance SCIH’s proposed compliance plan well as all other costs including experts’ with this Final Judgment, or as fulfills the requirements of Paragraph fees, incurred in connection with that otherwise required by law. XI.A. effort to enforce the Final Judgment, D. In the event of a request by a third including in the investigation of the party for disclosure of information XII. Limitations on Reacquisition potential violation. under the Freedom of Information Act, Defendants may not reacquire any 5 U.S.C. 552, the Antitrust Division will part of or any interest in the Divestiture D. For a period of four years following act in accordance with that statute, and Assets during the term of this Final the expiration of this Final Judgment, if the Department of Justice regulations at Judgment. the United States has evidence that a 28 CFR part 16, including the provision Defendant violated this Final Judgment XIII. Retention of Jurisdiction on confidential commercial information, before it expired, the United States may at 28 CFR 16.7. Defendants submitting The Court retains jurisdiction to file an action against that Defendant in information to the Antitrust Division enable any party to this Final Judgment this Court requesting that the Court should designate the confidential to apply to the Court at any time for order: (1) Defendant to comply with the commercial information portions of all further orders and directions as may be terms of this Final Judgment for an applicable documents and information necessary or appropriate to carry out or additional term of at least four years under 28 CFR 16.7. Designations of construe this Final Judgment, to modify following the filing of the enforcement any of its provisions, to enforce confidentiality expire ten years after action; (2) all appropriate contempt compliance, and to punish violations of submission, ‘‘unless the submitter remedies; (3) additional relief needed to its provisions. requests and provides justification for a ensure the Defendant complies with the longer designation period.’’ See 28 CFR XIV. Enforcement of Final Judgment terms of this Final Judgment; and (4) 16.7(b). fees or expenses as called for by this E. If at the time that Defendants A. The United States retains and furnish information or documents to the reserves all rights to enforce the Section XIV. United States pursuant to this Section provisions of this Final Judgment, XV. Expiration of Final Judgment X, Defendants represent and identify in including the right to seek an order of writing information or documents for contempt from the Court. Defendants Unless the Court grants an extension, which a claim of protection may be agree that in a civil contempt action, a this Final Judgment will expire 10 years asserted under Rule 26(c)(1)(G) of the motion to show cause, or a similar from the date of its entry, except that Federal Rules of Civil Procedure, and action brought by the United States after five years from the date of its entry, Defendants mark each pertinent page of relating to an alleged violation of this this Final Judgment may be terminated such material, ‘‘Subject to claim of Final Judgment, the United States may upon notice by the United States to the protection under Rule 26(c)(1)(G) of the establish a violation of this Final Court and Defendants that the Federal Rules of Civil Procedure,’’ the Judgment and the appropriateness of a divestiture has been completed and United States must give Defendants 10 remedy therefor by a preponderance of continuation of this Final Judgment no calendar days’ notice before divulging the evidence, and Defendants waive any longer is necessary or in the public the material in any legal proceeding argument that a different standard of interest. (other than a grand jury proceeding). proof should apply. B. This Final Judgment should be XVI. Public Interest Determination XI. Firewalls interpreted to give full effect to the A. For a period of two years following procompetitive purposes of the antitrust Entry of this Final Judgment is in the the filing of this Proposed Final laws and to restore the competition the public interest. The parties have Judgment, Stone Canyon and SCIH must United States alleged was harmed by the complied with the requirements of the implement and maintain procedures to challenged conduct. Defendants agree Antitrust Procedures and Penalties Act, prevent any employees of Stone Canyon that they may be held in contempt of, 15 U.S.C. 16, including by making and SCIH from sharing competitively and that the Court may enforce, any available to the public copies of this sensitive information relating to US Salt provision of this Final Judgment that, as Final Judgment, and the Competitive with personnel with responsibilities interpreted by the Court in light of these Impact Statement, public comments relating to Morton’s production or sale procompetitive principles and applying thereon, and any response to comments of evaporated salt products. ordinary tools of interpretation, is stated by the United States. Based upon the B. Stone Canyon and SCIH, within 30 specifically and in reasonable detail, record before the Court, which includes calendar days of the Court’s entry of the whether or not it is clear and the Competitive Impact Statement and, Asset Preservation and Hold Separate unambiguous on its face. In any such if applicable, any comments and Stipulation and Order, must submit to interpretation, the terms of this Final response to comments filed with the the United States a document setting Judgment should not be construed Court, entry of this Final Judgment is in forth in detail the procedures against either party as the drafter. the public interest. implemented to effect compliance with C. In an enforcement proceeding in this Section XI. Upon receipt of the which the Court finds that Defendants Date: llllllllllllllllll document, the United States will inform have violated this Final Judgment, the [Court approval subject to procedures of Stone Canyon and SCIH within 10 United States may apply to the Court for Antitrust Procedures and Penalties Act, 15 business days whether, in its sole a one-time extension of this Final U.S.C. 16] discretion, the United States approves Judgment, together with other relief that lllllllllllllllllllll or rejects Stone Canyon and SCIH’s may be appropriate. In connection with United States District Judge

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UNITED STATES DISTRICT COURT compliance with the APPA. Entry of the methods, such as rock salt and solar FOR THE DISTRICT OF COLUMBIA proposed Final Judgment will terminate salt. Rock salt is mined and then UNITED STATES OF AMERICA, Plaintiff, this action, except that the Court will crushed into smaller sizes before being v. STONE CANYON INDUSTRIES retain jurisdiction to construe, modify, transported to the surface. Rock salt is HOLDINGS LLC; SCIH SALT HOLDINGS or enforce the provisions of the less expensive to produce than INC; MORTON SALT, INC.; and K+S proposed Final Judgment and to punish evaporated salt, but it is also coarser, AKTIENGESELLSCHAFT, Defendants. violations thereof. irregularly shaped, and contains other minerals and impurities. As a result, Civil Action No.: 1:21–cv–01067–TJK II. Description of Events Giving Rise to Judge Timothy J. Kelly rock salt is used for applications that the Alleged Violation have less demanding quality Competitive Impact Statement A. The Defendants and the Proposed requirements such as de-icing roads. In accordance with the Antitrust Transaction Solar salt is created when salt water is Procedures and Penalties Act, 15 U.S.C. Stone Canyon is an industrial holding captured in shallow ponds where the 16 (the ‘‘APPA’’ or ‘‘Tunney Act’’), the company incorporated in Delaware and sun evaporates most of the water. It can United States of America files this headquartered in Los Angeles, only be produced in warm climates Competitive Impact Statement related to California. Stone Canyon acquired where the evaporation rate exceeds the the proposed Final Judgment filed in Kissner Group Holdings LP, which it precipitation rate. Solar salt is less pure this civil antitrust proceeding. later renamed SCIH, in April 2020. and not as uniform in shape as I. Nature and Purpose of the Proceeding SCIH is a subsidiary of Stone Canyon evaporated salt, but it is purer than rock and is headquartered in Overland Park, salt. Solar salt is used for applications On October 5, 2020, Stone Canyon Kansas. In 2020, SCIH had revenues of such as water softening. Industry Holdings LLC (‘‘Stone approximately $1 billion. SCIH is a Evaporated salt typically is used in Canyon’’) and its portfolio company leading supplier of salt products, applications that require the highest SCIH Salt Holdings Inc. (‘‘SCIH’’) agreed including evaporated salt products. quality of salt, such as human to acquire the K+S Aktiengesellschaft K+S AG is a chemical company consumption. There are different types (‘‘K+S AG’’) Operating Unit Salt headquartered in Kassel, Germany. In of evaporated salt that have different Americas business, a bundle of several 2020, K+S AG reported revenues of characteristics, end uses, and customers. subsidiaries including Morton Salt, Inc. approximately $4.4 billion. K+S AG’s As alleged in the Complaint, three types (‘‘Morton’’). The United States filed a Operating Unit Salt Americas business of evaporated salt produced by civil antitrust Complaint on April 19, includes Morton as well as K+S Defendants constitute relevant product 2021, seeking to enjoin the proposed Windsor Salt, which sells salt products markets—pharmaceutical-grade salt, acquisition. The Complaint alleges that in Canada, and Sociedad Punta de round-can table salt, and bulk the likely effect of this acquisition Lobos, which sells salt products in evaporated salt. would be to substantially lessen Chile. i. Pharmaceutical-Grade Salt competition in the production and sale Morton is a K+S AG subsidiary with of evaporated salt products, including approximately $1 billion in revenue in Pharmaceutical-grade salt is the grade pharmaceutical-grade salt in the United 2020. Morton is the largest supplier of of salt with the highest percentage of States and Canada, ‘‘round-can’’ table pharmaceutical-grade salt in the United sodium chloride and thus is the purest salt in the United States, and bulk States and Canada, the largest supplier grade of evaporated salt. evaporated salt in the northeastern of ‘‘round-can’’ table salt in the United Pharmaceutical-grade salt is used in the United States, in violation of Section 7 States, and one of only three suppliers pharmaceutical industry as a building of the Clayton Act, 15 U.S.C. 18. of bulk evaporated salt in the block for a number of life-saving At the same time the Complaint was northeastern United States. treatments and products, including filed, the United States filed a proposed Pursuant to a Transaction Agreement dialysis fluid, intravenous saline Final Judgment and an Asset dated October 5, 2020, SCIH agreed to solution, and other medical products. Preservation and Hold Separate acquire K+S AG’s Operating Unit Salt Pharmaceutical-grade salt must be Stipulation and Order (‘‘Stipulation and Americas business, including Morton, evaporated from salt deposits of Order’’), which are designed to remedy for approximately $3.2 billion. extremely high purity and then undergo the loss of competition alleged in the post-production processing to ensure Complaint. B. Relevant Product Markets that it contains virtually no trace Under the proposed Final Judgment, Morton and SCIH’s US Salt subsidiary minerals or other impurities. which is explained more fully below, both produce and sell evaporated salt. Because of these stringent standards, Defendants are required to divest SCIH’s Evaporated salt is a type of sodium the mining and production process for subsidiary, US Salt LLC (‘‘US Salt’’). chloride produced through ‘‘vacuum pharmaceutical-grade salt must be Under the terms of the Stipulation evaporation.’’ In the vacuum extensively monitored and documented and Order, Defendants must take certain evaporation process, water is pumped to ensure purity and consistency across steps to ensure that US Salt is operated into a salt deposit where the salt production batches. This documentation as a competitively independent, dissolves, and the resulting brine is must then be provided to customers as economically viable, and ongoing forced into an evaporator on the surface a validation of the quality and purity of business concern, which must remain where it is boiled in a series of pans the pharmaceutical-grade salt. independent and uninfluenced by until only the salt remains. Evaporated Rock salt and solar salt do not meet Defendants, and that competition is salt is nearly 100% sodium chloride and the purity requirements for maintained during the pendency of the contains almost no other trace minerals. pharmaceutical-grade salt. Other grades required divestiture. On April 22, 2021, Because of the evaporation process, of evaporated salt—for example, salt the Court entered the Stipulation and individual grains of evaporated salt are used in food processing—also cannot Order. also more consistent and regularly serve as a substitute for pharmaceutical- The United States and Defendants shaped than other forms of salt. grade salt. Pharmaceutical-grade salt have stipulated that the proposed Final Evaporated salt is distinct from salt must contain a higher percentage of Judgment may be entered after created through other production sodium chloride than other types of

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evaporated salt. This ensures that it store and may spill once opened. Larger from bulk evaporated salt would be does not contain trace minerals that packages of table salt also are not insufficient to render the price increase would impact the efficacy of reasonable substitutes for round-can unprofitable. Bulk evaporated salt is pharmaceutical products made using table salt, as they contain significantly therefore a line of commerce, or relevant pharmaceutical-grade salt. more salt than an individual can product market, for purposes of Pharmaceutical-grade salt also cannot practically use. analyzing the effects of the acquisition contain additives such as anti-caking The Complaint alleges that, in the under Section 7 of the Clayton Act. agents that are added during the event of a small but significant increase processing of other types of evaporated in price by a hypothetical monopolist of C. Relevant Geographic Markets salt. Because of these requirements, round-can table salt, substitution away i. Pharmaceutical-Grade Salt pharmaceutical-grade salt is more from round-can table salt would be Pharmaceutical-grade salt is difficult to produce than other forms of insufficient to render the price increase manufactured in only a few locations in evaporated salt. unprofitable. Round-can table salt is The Complaint alleges that, in the therefore a line of commerce, or relevant the United States. From these locations, event of a small but significant increase product market, for purposes of pharmaceutical-grade salt is shipped to in price by a hypothetical monopolist of analyzing the effects of the acquisition customers throughout the United States pharmaceutical-grade salt, substitution under Section 7 of the Clayton Act, 15 and Canada. away from pharmaceutical-grade salt U.S.C. 18. While pharmaceutical-grade salt is would be insufficient to render the price shipped throughout the United States iii. Bulk Evaporated Salt increase unprofitable. Pharmaceutical- and Canada, shipping it from overseas is grade salt is therefore a line of Bulk evaporated salt is salt that is of prohibitively expensive. This is because commerce, or relevant product market, sufficient purity to be used for human pharmaceutical-grade salt may not for purposes of analyzing the effects of consumption that is sold in bulk form. contain anti-caking agents. Without the acquisition under Section 7 of the Bulk evaporated salt is used to anti-caking agents, pharmaceutical- Clayton Act, 15 U.S.C. 18. manufacture chemicals necessary to grade salt has a short shelf-life and may create essential everyday cleaning be damaged by the time and rigors of ii. Round-Can Table Salt products such as disinfectants, soap, ocean-shipping. These limitations make Table salt is evaporated salt that is and bleach. Bulk evaporated salt is also ocean-shipping cost-prohibitive. processed for human consumption. It is an essential ingredient in nearly all The Complaint alleges that a regulated by the Food and Drug processed pre-packaged foods, such as hypothetical monopolist of Administration (‘‘FDA’’) and must meet sauces, chips and other snacks, and pharmaceutical-grade salt in the United high purity standards. Table salt also frozen meals. Because bulk evaporated States and Canada could profitably has a highly consistent size across salt is incorporated into products end- impose a small but significant non- granules and contains agents to prevent consumers ingest or touch, it is transitory increase in price for clumping and evaporation. Without regulated by the FDA and must meet pharmaceutical-grade salt without additional processing—which raises stringent purity requirements. losing sufficient sales to render the price price considerably—rock salt and solar Customers for bulk evaporated salt increase unprofitable. Accordingly, the salt cannot meet the same purity include chemical companies and large Complaint alleges that the relevant requirements or achieve the same pre-packaged food manufacturers as geographic market for the purposes of consistent granule size as table salt. well as smaller customers, such as analyzing the effects of the acquisition Pharmaceutical-grade salt meets the bakeries, that use salt as an essential on pharmaceutical-grade salt under purity requirements for table salt but ingredient in their food products. To Section 7 of the Clayton Act, 15 U.S.C. does not contain the necessary agents to accommodate these customers, many of 18 is the United States and Canada. prevent clumping and evaporation. As whom purchase thousands of tons of ii. Round-Can Table Salt such, rock salt, solar salt, and salt per year, evaporated salt is sold in pharmaceutical-grade salt are not bulk, by the truckload or in containers Competition among round-can table substitutes for table salt. ranging from 50-pound bags to 2,000- salt suppliers occurs at a national level. In the United States, the packaging pound ‘‘super-sacks.’’ Retailers, many of which are grocery format strongly preferred by consumers Bulk evaporated salt is distinct from store chains, mass merchandisers, or for table salt is the round can, which is evaporated salt used for other convenience stores with large national a 26-ounce cardboard cylinder with a applications. Compared to other types of footprints, purchase round-can table salt paper label and a metal spout. The evaporated salt, it has unique end-uses, for all of their locations at once, and round-can’s size, shape, material, and customers, and packaging. While suppliers ship round-can table salt from metal spout make it an easy receptacle pharmaceutical-grade salt and round- coast to coast. to use one-handed without spilling can table salt are of sufficient purity, Round-can table salt is not imported while cooking or refilling a salt shaker, they are priced too high and packaged from outside the United States. In which is a product characteristic that is in quantities that are too small to serve addition to being heavy—and therefore highly valued by consumers. Reflecting as substitutes for bulk evaporated salt. expensive to transport—table salt in consumer preference, retailers like Bulk evaporated salt also is distinct other countries is typically sold in bags grocery stores dedicate shelf space from rock salt and solar salt, which have or cardboard boxes. As such, foreign specifically to round-can packaging. As lower purity levels and non-uniform suppliers of table salt typically lack the a result, approximately 95% of the table textures that make them unsuitable for production facilities to produce round salt sold to consumers in the United chemical and food-production end uses. cans for the United States market. States is sold in a round can. None of these types of salt can serve as The Complaint alleges that a Table salt packaged in other a substitute to bulk evaporated salt. hypothetical monopolist of round-can containers, such as boxes or bags, is not The Complaint alleges that, in the table salt in the United States could a reasonable substitute for round-can event of a small but significant increase profitably impose a small but significant table salt. Boxes without a metal spout in price by a hypothetical monopolist of non-transitory increase in price for and bags are more difficult to use and bulk evaporated salt, substitution away round-can table salt without losing

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sufficient sales to render the price receive lower quality and service as a The Complaint further alleges that the increase unprofitable. Accordingly, the result of the acquisition. combination of Morton and US Salt Complaint alleges that the relevant would eliminate the head-to-head i. Pharmaceutical-Grade Salt in the geographic market for the purposes of competition between Morton and US United States and Canada analyzing the effects of the acquisition Salt and leave customers in the United on round-can table salt under Section 7 As described in the Complaint, States with only two alternatives for of the Clayton Act, 15 U.S.C. 18 is the Morton and US Salt are the only two round-can table salt in the United United States. suppliers of pharmaceutical-grade salt States. Post-acquisition, the combined in the United States and Canada, with firm likely would have the incentive iii. Bulk Evaporated Salt Morton currently having a market share and ability to increase prices and offer Bulk evaporated salt is a product that of around 77% and US Salt a share of less favorable contractual terms. can be produced at a relatively low cost, around 23%. The acquisition would The Complaint also alleges that but it is heavy and therefore expensive thus give the combined firm a monopoly Morton and US Salt compete for sales of to transport. As a result, customers in the sale of pharmaceutical-grade salt round-can table salt on the basis of purchase from nearby suppliers to in the United States and Canada, leaving quality, price, and contractual terms minimize shipping costs that can be pharmaceutical companies and other such as delivery times. This competition high relative to the value of the bulk customers without a competitive has resulted in higher quality, lower evaporated salt being purchased. alternative for this critical ingredient in prices, and more reliable delivery. The Both Morton and US Salt—along with dialysis fluid, intravenous saline combination of Morton and US Salt only one other competitor—operate bulk solution, and other medical products. would eliminate this competition and evaporated salt production facilities in The Complaint alleges that Morton its future benefits to customers, upstate New York. All three companies and US Salt compete to sell including grocery chains, big box stores, use these facilities to service customers pharmaceutical-grade salt on the basis and discount stores. in the northeastern United States, of quality and surety of supply. This As alleged in the Complaint, the including Connecticut, Delaware, competition has resulted in higher proposed acquisition, therefore, likely Maine, Massachusetts, New Hampshire, quality, lower prices, and better would substantially lessen competition New Jersey, New York, Pennsylvania, customer service. The combination of in the production of round-can table salt Rhode Island, and Vermont. Customers Morton and US Salt would eliminate in the United States in violation of in the northeastern United States can this competition and its future benefits Section 7 of the Clayton Act, 15 U.S.C. economically procure bulk evaporated to customers, including pharmaceutical 18. salt from only these three locations. companies. Post-acquisition, the iii. Bulk Evaporated Salt in the Other more distant bulk evaporated salt combined Morton and US Salt likely Northeastern United States facilities cannot compete successfully would have the incentive and ability to on a regular basis for customers in the increase prices and offer less favorable As described in the Complaint, three northeastern United States because the contractual terms. bulk evaporated salt suppliers—Morton, suppliers are too far away, making As alleged in the Complaint, the US Salt, and one additional competitor, transportation costs too great. proposed acquisition, therefore, likely each with production facilities in The Complaint alleges that a would substantially lessen competition upstate New York—compete for bulk hypothetical monopolist of bulk in the production of pharmaceutical- evaporated salt customers in the evaporated salt in the northeastern grade salt in the United States and northeastern United States. The United States could profitably impose a Canada in violation of Section 7 of the combination of Morton and US Salt small but significant non-transitory Clayton Act, 15 U.S.C. 18. would eliminate the head-to-head increase in price for bulk evaporated competition between the parties and ii. Round-Can Table Salt in the United result in only two remaining salt without losing sufficient sales to States render the price increase unprofitable. competitors in the region. Accordingly, the Complaint alleges that As described in the Complaint, The Complaint alleges that bulk the relevant geographic market for the Morton and US Salt are two of the evaporated salt customers in the purposes of analyzing the effects of the largest table salt suppliers in the United northeastern United States, including acquisition on bulk evaporated salt States and are two of only three food processors and chemical under Section 7 of the Clayton Act, 15 suppliers of round-can table salt in the manufacturers, have been able to secure U.S.C. 18 is the northeastern United United States. Morton is the largest lower prices and improved quality and States. supplier of branded round-can table salt service—such as more reliable in the United States. US Salt is the delivery—by threatening to switch D. Anticompetitive Effects of the largest supplier of private-label round- between Morton and US Salt. The Proposed Transaction can table salt—which is made by US elimination of this head-to-head The Complaint alleges that the Salt but sold under the brands of competition would allow a combined proposed transaction would lessen retailers and other third-parties—in the Morton and US Salt to exercise market competition and harm customers for United States. US Salt is also the power to unilaterally increase prices pharmaceutical-grade salt in the United second-largest supplier of branded and reduce the quality and service for States and Canada, round-can table salt round-can table salt, with around six bulk evaporated salt customers in the in the United States, and bulk percent of sales. northeastern United States. evaporated salt in the northeastern The Complaint alleges that, today, US As alleged in the Complaint, the United States by eliminating the Salt’s private-label and branded round- proposed acquisition, therefore, likely substantial head-to-head competition can table salt products compete directly would substantially lessen competition that currently exists between Morton with Morton’s branded round-can table in the production of bulk evaporated and US Salt. The Complaint further salt. Together, the combined firm would salt in the northeastern United States in alleges that customers in each of these control at least 90% of the round-can violation of Section 7 of the Clayton markets would pay higher prices and table salt market in the United States. Act, 15 U.S.C. 18.

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E. Difficulty of Entry for round-can table salt, created decades 120 calendar days after the entry of the ago, is based on technology from that Stipulation and Order by the Court, to i. Difficulty of Entry Into era and has proven to be difficult to divest the Divestiture Assets to an Pharmaceutical-Grade Salt in the United replicate in a price-competitive manner. Acquirer acceptable to the United States and Canada As a result, potential entrants with States, in its sole discretion. The assets As alleged in the Complaint, entry of access to suitable salt deposits have must be divested in such a way as to new competitors into pharmaceutical- tried, and failed, to develop round-can satisfy the United States, in its sole grade salt in the United States would be packaging technology in the last five discretion, that the Divestiture Assets difficult and time-consuming and is years. can and will be used by the Acquirer as unlikely to prevent the harm to Thus, as alleged in the Complaint, part of a viable, ongoing business in the competition that is likely to result if the entry through the construction of a new production and sale of evaporated salt proposed transaction is consummated. round-can table salt facility therefore products so that the Acquirer can The Complaint alleges that potential will not be timely, likely, or sufficient compete effectively in the market for pharmaceutical-grade salt entrant would to mitigate the anticompetitive effects of pharmaceutical-grade salt in the United need to acquire suitable land that SCIH’s proposed acquisition of Morton. States and Canada, round-can table salt includes a salt deposit of sufficient in the United States, and bulk iii. Difficulty of Entry Into Bulk purity, obtain the permits necessary to evaporated salt in the northeastern Evaporated Salt in the Northeastern construct an evaporation and processing United States. Defendants must use best United States facility, possess or obtain appropriate efforts to accomplish the divestiture of financing for a significant capital As alleged in the Complaint, entry of the Divestiture Assets quickly and must expenditure, and then design, construct, new competitors into bulk evaporated take no action to jeopardize the and qualify the facility. This process salt in the northeastern United States divestiture. would likely take several years, at a would be difficult and time-consuming The Divestiture Assets include all of minimum. No new evaporated salt and is unlikely to prevent the harm to Defendants’ rights, titles, and interests facility has been constructed in the competition that is likely to result if the in US Salt, including two US Salt United States in over 20 years. proposed transaction is consummated. facilities (a refinery located in Watkins The Complaint alleges that, even if an The Complaint alleges that, just as Glen, NY and a warehouse located in entrant were able to construct an with pharmaceutical-grade salt or Horseheads, NY). evaporated salt production facility, round-can table salt, a new entrant in The proposed Final Judgment before selling a single grain of bulk evaporated salt would need to contains provisions intended to pharmaceutical-grade salt, it would invest significant time and money to facilitate efforts by the Acquirer to hire need to install and test additional acquire land and construct an certain employees. Specifically, equipment needed to meet the exacting evaporated salt processing facility. The Paragraph IV(H) of the proposed Final purity requirements for pharmaceutical- Complaint further alleges that entry into Judgment requires Defendants to grade salt. Reputational barriers make bulk evaporated salt in the northeastern provide the Acquirer and the United entry even more difficult, as customers United States is particularly difficult States with organization charts and would be reluctant to switch to an because this area has limited salt information relating to these employees unproven supplier that could not deposits, which are necessary serve the and to make them available for guarantee access to high-quality market. interviews. It also provides that pharmaceutical-grade salt. Thus, as As alleged in the Complaint, entry Defendants must not interfere with any alleged in the Complaint, entry would through the construction of a new bulk efforts by the Acquirer to hire these not be timely, likely, or sufficient to evaporated salt production facility will employees. In addition, for employees mitigate the anticompetitive effects from therefore not be timely, likely, or who elect employment with the SCIH’s proposed acquisition of Morton. sufficient to mitigate the Acquirer, Defendants must waive all anticompetitive effects from SCIH’s non-compete and non-disclosure ii. Difficulty of Entry Into Round-Can proposed acquisition of Morton. agreements, vest all unvested pension Table Salt in the United States and other equity rights, provide any pay As alleged in the Complaint, entry of III. Explanation of the Proposed Final pro-rata, provide all other compensation new competitors into round-can table Judgment and benefits that those employees have salt in the United States would be The proposed Final Judgment requires fully or partially accrued, and provide difficult and time-consuming and is Stone Canyon and its subsidiary, SCIH, all other benefits that those employees unlikely to prevent the anticompetitive to divest their entire evaporated salt otherwise would have been provided effects that are likely to result if the business, US Salt, to proceed with their had those employees continued proposed transaction is consummated. proposed acquisition of Morton. This employment with Defendants, including The Complaint alleged that, even divestiture allows a third-party buyer to any retention bonuses or payments. though table salt has lower purity step in as the owner of US Salt and use Paragraph IV(H) further provides that requirements than pharmaceutical-grade all of those assets to compete for the Defendants may not solicit to hire any salt, a round-can table salt entrant production and sale of pharmaceutical- employees who elect employment with would still need to take all of the steps grade salt in the United States and the Acquirer within a certain time after to construct a facility that a Canada, round-can table salt in the the divestiture is completed, unless an pharmaceutical-grade salt entrant United States, and bulk evaporated salt individual is terminated or laid off by would, including locating an in the northeastern United States. The the Acquirer or the Acquirer agrees in appropriate salt deposit, and investing proposed divestiture will thus establish writing that Defendants may solicit or significant time and money to build the an independent and economically hire that individual. The non- facility. viable competitor that will ensure solicitation period runs for 12 months The Complaint alleges that, in competition in these markets going from the date of the divestiture. addition, an entrant in round-can table forward. Paragraph IV(H) does not prohibit salt would have to secure a round-can Paragraph IV(A) of the proposed Final Defendants from advertising packaging line. The packaging process Judgment requires Defendants, within employment openings using general

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solicitations or advertisements and must implement and maintain compliance with and make enforcement rehiring employees who apply for a reasonable procedures to prevent the of the Final Judgment as effective as position through a general solicitation sharing of competitively sensitive possible. Paragraph XIV(A) provides or advertisement. information relating to US Salt with that the United States retains and Paragraph IV(J) of the proposed Final Defendants’ personnel with reserves all rights to enforce the Final Judgment will facilitate the transfer of responsibilities relating to Morton’s Judgment, including the right to seek an customers and other contractual production or sale of evaporated salt order of contempt from the Court. Under relationships from Defendants to the products. Such a firewall will prevent the terms of this paragraph, Defendants Acquirer. Defendants must transfer all competitively sensitive information have agreed that in any civil contempt contracts, agreements, and relationships about US Salt—to which Stone Canyon action, any motion to show cause, or to the Acquirer and must use best efforts will have had access prior to the any similar action brought by the United to assign, subcontract, or otherwise divestiture—from being used to States regarding an alleged violation of transfer contracts or agreements that influence business decisions relating to the Final Judgment, the United States require the consent of another party Morton’s production or sale of may establish the violation and the before assignment, subcontracting, or evaporated salt products or otherwise appropriateness of any remedy by a other transfer. used to subvert competition. The preponderance of the evidence and that The proposed Final Judgment implementation of these procedures for Defendants have waived any argument contains provisions to ensure that the a two-year period will ensure that the that a different standard of proof should Acquirer will be able to operate US Salt information cannot be used while it is apply. This provision aligns the and serve customers immediately upon still competitively sensitive. After two standard for compliance with the Final completion of the divestiture. For years, any information will be Judgment with the standard of proof example, Paragraph IV(L) of the sufficiently out of date to no longer pose that applies to the underlying offense proposed Final Judgment requires a risk and the firewall can be that the Final Judgment addresses. Defendants, at the Acquirer’s option, to eliminated. Under Paragraph XI(B), Paragraph XIV(B) provides additional enter into a transition services Stone Canyon and SCIH must, within 30 clarification regarding the interpretation agreement for back office, human days of the entry of the Stipulation and of the provisions of the proposed Final resource, and information technology Order, submit a document setting forth Judgment. The proposed Final Judgment services and support for US Salt for a in detail the procedures Defendants is intended to remedy the loss of period of up to 12 months. The Acquirer have implemented to effect compliance competition the United States alleges may terminate the transition services with Section XI. The United States will would otherwise be harmed by the agreement, or any portion of it, without determine, in its sole discretion, transaction. Defendants agree that they cost or penalty at any time upon 30 whether to approve or reject Stone will abide by the proposed Final days’ written notice. Paragraph IV(L) Canyon and SCIH’s proposed Judgment and that they may be held in further provides that the United States, compliance plan. contempt of the Court for failing to in its sole discretion, may approve one If Defendants do not accomplish the comply with any provision of the or more extensions of the transition divestiture within the period prescribed proposed Final Judgment that is stated services agreement for a total of up to in Paragraph IV(A) of the proposed specifically and in reasonable detail, as an additional six months and that any Final Judgment, Section V of the interpreted in light of this amendments to or modifications of any proposed Final Judgment provides that procompetitive purpose. provisions of a transition services the Court will appoint a divestiture Paragraph XIV(C) provides that if the agreement between Defendants and trustee selected by the United States to Court finds in an enforcement Acquirer are subject to approval by the effect the divestiture. If a divestiture proceeding that a Defendant has United States, in its sole discretion. trustee is appointed, the proposed Final violated the Final Judgment, the United Paragraph IV(L) also provides that Judgment provides that Defendants States may apply to the Court for a one- employees of Defendants tasked with must pay all costs and expenses of the time extension of the Final Judgment, providing any transition services must trustee. The divestiture trustee’s together with such other relief as may be not share any competitively sensitive compensation must be structured so as appropriate. In addition, to compensate information of the Acquirer with any to provide an incentive for the trustee American taxpayers for any costs other employee of Defendants. based on the price and terms obtained associated with investigating and Paragraph IV(K) requires Defendants and the speed with which the enforcing violations of the Final to use best efforts to assist the Acquirer divestiture is accomplished. After the Judgment, Paragraph XIV(C) provides to obtain all necessary licenses, divestiture trustee’s appointment that, in any successful effort by the registrations, and permits to operate US becomes effective, the trustee must United States to enforce the Final Salt. Defendants must provide Acquirer provide monthly reports to the United Judgment against a Defendant, whether with the benefit of Defendants’ licenses, States setting forth his or her efforts to litigated or resolved before litigation, registrations, and permits until Acquirer accomplish the divestiture. If the the Defendant must reimburse the obtains the necessary licenses, divestiture has not been accomplished United States for attorneys’ fees, registrations, and permits, within six months of the divestiture experts’ fees, and other costs incurred in Certain executives and employees of trustee’s appointment, the United States connection with any effort to enforce Stone Canyon and/or SCIH, who will may make recommendations to the the Final Judgment, including the remain with Stone Canyon and/or SCIH Court, which will enter such orders as investigation of the potential violation. after the divestiture, have had access to appropriate, in order to carry out the Paragraph XIV(D) states that the competitively sensitive information purpose of the proposed Final United States may file an action against about US Salt’s business operations. In Judgment, including by extending the a Defendant for violating the Final order to prevent Stone Canyon and trust or the term of the divestiture Judgment for up to four years after the SCIH from using that information, trustee’s appointment by a period Final Judgment has expired or been Paragraph XI(A) requires Stone Canyon requested by the United States. terminated. This provision is meant to and SCIH to implement a firewall. The proposed Final Judgment also address circumstances such as when Specifically, Stone Canyon and SCIH contains provisions designed to promote evidence that a violation of the Final

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Judgment occurred during the term of in a newspaper of the summary of this shall determine whether entry of the the Final Judgment is not discovered Competitive Impact Statement, proposed Final Judgment ‘‘is in the until after the Final Judgment has whichever is later. All comments public interest.’’ 15 U.S.C. 16(e)(1). In expired or been terminated or when received during this period will be making that determination, the Court, in there is not sufficient time for the considered by the U.S. Department of accordance with the statute as amended United States to complete an Justice, which remains free to withdraw in 2004, is required to consider: investigation of an alleged violation its consent to the proposed Final (A) The competitive impact of such until after the Final Judgment has Judgment at any time before the Court’s judgment, including termination of alleged expired or been terminated. This entry of the Final Judgment. The violations, provisions for enforcement and provision, therefore, makes clear that, comments and the response of the modification, duration of relief sought, for four years after the Final Judgment United States will be filed with the anticipated effects of alternative remedies has expired or been terminated, the Court. In addition, the comments and actually considered, whether its terms are United States may still challenge a the United States’ responses will be ambiguous, and any other competitive considerations bearing upon the adequacy of violation that occurred during the term published in the Federal Register unless such judgment that the court deems of the Final Judgment. the Court agrees that the United States necessary to a determination of whether the Finally, Section XV of the proposed instead may publish them on the U.S. consent judgment is in the public interest; Final Judgment provides that the Final Department of Justice, Antitrust and Judgment will expire 10 years from the Division’s internet website. (B) the impact of entry of such judgment date of its entry, except that after five Written comments should be upon competition in the relevant market or years from the date of its entry, the Final submitted in English to: Katrina Rouse, markets, upon the public generally and Judgment may be terminated upon Chief, Defense, Industrials, and individuals alleging specific injury from the notice by the United States to the Court Aerospace Section, Antitrust Division, violations set forth in the complaint including consideration of the public benefit, and Defendants that the divestiture has U.S. Department of Justice, 450 Fifth if any, to be derived from a determination of been completed and that continuation of Street NW, Suite 8700, Washington, DC the issues at trial. the Final Judgment is no longer 20530. necessary or in the public interest. The proposed Final Judgment 15 U.S.C. 16(e)(1)(A) & (B). In provides that the Court retains considering these statutory factors, the IV. Remedies Available to Potential jurisdiction over this action, and the Court’s inquiry is necessarily a limited Private Plaintiffs parties may apply to the Court for any one as the government is entitled to Section 4 of the Clayton Act, 15 order necessary or appropriate for the ‘‘broad discretion to settle with the U.S.C. 15, provides that any person who modification, interpretation, or defendant within the reaches of the has been injured as a result of conduct enforcement of the Final Judgment. public interest.’’ United States v. prohibited by the antitrust laws may Microsoft Corp., 56 F.3d 1448, 1461 bring suit in federal court to recover VI. Alternatives to the Proposed Final (D.C. Cir. 1995); United States v. U.S. three times the damages the person has Judgment Airways Grp., Inc., 38 F. Supp. 3d 69, suffered, as well as costs and reasonable As an alternative to the proposed 75 (D.D.C. 2014) (explaining that the attorneys’ fees. Entry of the proposed Final Judgment, the United States ‘‘court’s inquiry is limited’’ in Tunney Final Judgment neither impairs nor considered a full trial on the merits Act settlements); United States v. InBev assists the bringing of any private against Defendants. The United States N.V./S.A., No. 08–1965 (JR), 2009 U.S. antitrust damage action. Under the could have continued the litigation and Dist. LEXIS 84787, at *3 (D.D.C. Aug. provisions of Section 5(a) of the Clayton sought preliminary and permanent 11, 2009) (noting that a court’s review Act, 15 U.S.C. 16(a), the proposed Final injunctions against Stone Canyon and of a proposed Final Judgment is limited Judgment has no prima facie effect in SCIH’s acquisition of Morton. The and only inquires ‘‘into whether the any subsequent private lawsuit that may United States is satisfied, however, that government’s determination that the be brought against Defendants. the relief required by the proposed Final proposed remedies will cure the Judgment will remedy the antitrust violations alleged in the V. Procedures Available for anticompetitive effects alleged in the complaint was reasonable, and whether Modification of the Proposed Final Complaint, preserving competition for the mechanism to enforce the final Judgment the production and sale of evaporated judgment are clear and manageable’’). The United States and Defendants salt products in the markets alleged in As the U.S. Court of Appeals for the have stipulated that the proposed Final the Complaint: Pharmaceutical-grade District of Columbia Circuit has held, Judgment may be entered by the Court salt in the United States and Canada, under the APPA a court considers, after compliance with the provisions of round-can table salt in the United among other things, the relationship the APPA, provided that the United States, and bulk evaporated salt in the between the remedy secured and the States has not withdrawn its consent. northeastern United States. Thus, the specific allegations in the government’s The APPA conditions entry upon the proposed Final Judgment achieves all or complaint, whether the proposed Final Court’s determination that the proposed substantially all of the relief the United Judgment is sufficiently clear, whether Final Judgment is in the public interest. States would have obtained through its enforcement mechanisms are The APPA provides a period of at litigation but avoids the time, expense, sufficient, and whether it may positively least 60 days preceding the effective and uncertainty of a full trial on the harm third parties. See Microsoft, 56 date of the proposed Final Judgment merits. F.3d at 1458–62. With respect to the within which any person may submit to adequacy of the relief secured by the the United States written comments VII. Standard of Review Under the proposed Final Judgment, a court may regarding the proposed Final Judgment. APPA for the Proposed Final Judgment not ‘‘make de novo determination of Any person who wishes to comment Under the Clayton Act and APPA, facts and issues.’’ United States v. W. should do so within 60 days of the date proposed Final Judgments or ‘‘consent Elec. Co., 993 F.2d 1572, 1577 (D.C. Cir. of publication of this Competitive decrees’’ in antitrust cases brought by 1993) (quotation marks omitted); see Impact Statement in the Federal the United States are subject to a 60-day also Microsoft, 56 F.3d at 1460–62; Register, or the last date of publication comment period, after which the Court United States v. Alcoa, Inc., 152 F.

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Supp. 2d 37, 40 (D.D.C. 2001); United Moreover, the Court’s role under the APPA that were considered by the States v. Enova Corp., 107 F. Supp. 2d APPA is limited to reviewing the United States in formulating the 10, 16 (D.D.C. 2000); InBev, 2009 U.S. remedy in relationship to the violations proposed Final Judgment. Dist. LEXIS 84787, at *3. Instead, ‘‘[t]he that the United States has alleged in its Dated: April 29, 2021 complaint, and does not authorize the balancing of competing social and Respectfully submitted, political interests affected by a proposed Court to ‘‘construct [its] own antitrust consent decree must be left, in hypothetical case and then evaluate the FOR PLAINTIFF UNITED STATES OF the first instance, to the discretion of the decree against that case.’’ Microsoft, 56 AMERICA: Attorney General.’’ W. Elec. Co., 993 F.3d at 1459; see also U.S. Airways, 38 lllllllllllllllllllll F.2d at 1577 (quotation marks omitted). F. Supp. 3d at 75 (noting that the court KERRIE J. FREEBORN (D.C. Bar #503143) ‘‘The court should bear in mind the must simply determine whether there is United States Department of Justice flexibility of the public interest inquiry: a factual foundation for the Antitrust Division the court’s function is not to determine government’s decisions such that its Defense, Industrials and Aerospace Section, whether the resulting array of rights and conclusions regarding the proposed 450 Fifth St. NW, Suite 8700 Washington DC liabilities is one that will best serve settlements are reasonable); InBev, 2009 20530 society, but only to confirm that the U.S. Dist. LEXIS 84787, at *20 (‘‘[T]he Telephone: (202) 476–9160 resulting settlement is within the ‘public interest’ is not to be measured by Email: [email protected] reaches of the public interest.’’ comparing the violations alleged in the [FR Doc. 2021–09504 Filed 5–4–21; 8:45 am] Microsoft, 56 F.3d at 1460 (quotation complaint against those the court BILLING CODE 4410–11–P marks omitted); see also United States v. believes could have, or even should Deutsche Telekom AG, No. 19–2232 have, been alleged’’). Because the (TJK), 2020 WL 1873555, at *7 (D.D.C. ‘‘court’s authority to review the decree DEPARTMENT OF JUSTICE Apr. 14, 2020). More demanding depends entirely on the government’s requirements would ‘‘have enormous exercising its prosecutorial discretion by Drug Enforcement Administration practical consequences for the bringing a case in the first place,’’ it [Docket No. 19–32] government’s ability to negotiate future follows that ‘‘the court is only settlements,’’ contrary to congressional authorized to review the decree itself,’’ Melanie Baker, N.P.; Decision and intent. Microsoft, 56 F.3d at 1456. ‘‘The and not to ‘‘effectively redraft the Order Tunney Act was not intended to create complaint’’ to inquire into other matters that the United States did not pursue. On June 21, 2019, a former Assistant a disincentive to the use of the consent Administrator, Diversion Control decree.’’ Id. Microsoft, 56 F.3d at 1459–60. In its 2004 amendments to the APPA, Division, Drug Enforcement The United States’ predictions about Congress made clear its intent to Administration (hereinafter, DEA or the efficacy of the remedy are to be preserve the practical benefits of using Government), issued an Order to Show afforded deference by the Court. See, judgments proposed by the United Cause and Immediate Suspension of e.g., Microsoft, 56 F.3d at 1461 States in antitrust enforcement, Public Registration (hereinafter collectively, (recognizing courts should give ‘‘due Law 108–237 § 221, and added the OSC) to Melanie Baker, N.P. respect to the Justice Department’s . . . unambiguous instruction that ‘‘[n]othing (hereinafter, Respondent). view of the nature of its case’’); United in this section shall be construed to Administrative Law Judge Exhibit States v. Iron Mountain, Inc., 217 F. require the court to conduct an (hereinafter, ALJX) 1 (Order to Show Supp. 3d 146, 152–53 (D.D.C. 2016) (‘‘In evidentiary hearing or to require the Cause), at 1. The OSC informed evaluating objections to settlement court to permit anyone to intervene.’’ 15 Respondent of the immediate agreements under the Tunney Act, a U.S.C. 16(e)(2); see also U.S. Airways, suspension of her Certificate of court must be mindful that [t]he 38 F. Supp. 3d at 76 (indicating that a Registration No. MV3148257 government need not prove that the court is not required to hold an (hereinafter, registration) pursuant to 21 settlements will perfectly remedy the evidentiary hearing or to permit U.S.C. 824(d), because her continued alleged antitrust harms[;] it need only intervenors as part of its review under registration constituted an imminent provide a factual basis for concluding the Tunney Act). This language danger to the public health and safety. that the settlements are reasonably explicitly wrote into the statute what Id. The OSC also proposed the adequate remedies for the alleged Congress intended when it first enacted revocation of Respondent’s registration harms.’’ (internal citations omitted)); the Tunney Act in 1974. As Senator and denial of any pending applications United States v. Republic Servs., Inc., Tunney explained: ‘‘[t]he court is for renewal or modification pursuant to 723 F. Supp. 2d 157, 160 (D.D.C. 2010) nowhere compelled to go to trial or to 21 U.S.C. 824(a)(4), ‘‘because [her] (noting ‘‘the deferential review to which engage in extended proceedings which continued registration is inconsistent the government’s proposed remedy is might have the effect of vitiating the with the public interest. . . .’’ Id. accorded’’); United States v. Archer- benefits of prompt and less costly (citing 21 U.S.C. 823(f)). Daniels-Midland Co., 272 F. Supp. 2d 1, settlement through the consent decree I. Procedural History 6 (D.D.C. 2003) (‘‘A district court must process.’’ 119 Cong. Rec. 24,598 (1973) accord due respect to the government’s (statement of Sen. Tunney). ‘‘A court The OSC alleged that ‘‘[f]rom at least prediction as to the effect of proposed can make its public interest February 2017 to May 2019, remedies, its perception of the market determination based on the competitive [Respondent] issued numerous structure, and its view of the nature of impact statement and response to public prescriptions for Schedule IIN through the case.’’). The ultimate question is comments alone.’’ U.S. Airways, 38 F. Schedule IV controlled substances to whether ‘‘the remedies [obtained by the Supp. 3d at 76 (citing Enova Corp., 107 five patients in violation of federal and Final Judgment are] so inconsonant with F. Supp. 2d at 17). state law.’’ OSC, at 3. The OSC alleged the allegations charged as to fall outside violations of 21 CFR 1306.04(a), of the ‘reaches of the public interest.’ ’’ VIII. Determinative Documents Louisiana Statute Annotated § 40:978, Microsoft, 56 F.3d at 1461 (quoting W. There are no determinative materials and Louisiana Administrative Code tit. Elec. Co., 900 F.2d at 309). or documents within the meaning of the 46, Pt. LIII, § 2745(B)(1), and Pt. XLVII,

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§ 4513(D). Id. at 2. The OSC stated that Proceedings in the Matter of Melanie individuals prescribed controlled the prescriptions Respondent issued to Baker, N.P. (hereinafter, Tr.). Both substances by Respondent between the five patients in this case ‘‘were parties filed posthearing briefs. See February 2017 and May 2019. See issued outside the usual course of Government’s Proposed Findings of Fact Government Exhibits (hereinafter, GX) professional practice and not for a and Conclusions of Law (hereinafter, 1–10. The Government’s evidence also legitimate medical purpose.’’ Id. at 3. Govt Posthearing), and Respondent’s contained a copy of the Louisiana The OSC included the expert’s opinion Posthearing Brief (hereinafter, Resp Prescription Drug Monitoring Results that Respondent ‘‘regularly prescribed Posthearing). On November 8, 2019, the for Respondent from May 23, 2017, to highly addictive and intoxicating ALJ issued his Recommended Rulings, May 23, 2019. See GX 11 (Louisiana combinations of controlled substances Findings of Fact, Conclusions of Law Prescription Drug Monitoring Results). to [her] patients.’’ Id. The OSC also and Decision (hereinafter, RD). Finally, the Government included the alleged that Respondent ‘‘consistently According to the ALJ, neither party filed Curriculum Vitae for its expert witness failed to: (1) Perform adequate exceptions to the RD and the deadline Dr. Chambers. See GX 12 (Curriculum psychiatric and cognitive evaluations; for doing so has passed. See Transmittal Vitae of Dr. Chambers). The Government (2) make appropriate diagnoses based on Letter from the ALJ, dated December 4, called two witnesses to testify at the sufficient clinical evidence, and 2019. I have reviewed and agree with hearing: A DEA Diversion Investigator document [those] diagnoses in [her] the procedural rulings of the ALJ during (hereinafter, DI) and the Government’s medical records; (3) document a the administration of the hearing.2 expert Dr. Chambers. legitimate medical purpose for the Having considered the record in its DI testified regarding her professional controlled substances that [Respondent] entirety, I find that Respondent issued background and training, Tr. 27–28, and prescribed; (4) monitor [her] patients’ controlled substance prescriptions to about her investigation-related actions medication compliance; and (5) respond five individuals beneath the applicable in this matter.4 Tr. 28–48; RD, at 17–18. to red flags of drug abuse and standard of care and outside of the usual She testified that in June 2018, DEA diversion.’’ Id. The OSC then went on course of the professional practice in discovered questionable prescriptions to outline specific allegations of Louisiana in violation of federal law, issued by Respondent while deficiencies for each of the five patients and I find that Respondent committed investigating two pharmacies located in at issue in this case. Id. at 3–10. violations of state law. I agree with the New Orleans. Tr. 28. DEA identified The OSC notified Respondent of the ALJ that revocation is the appropriate several ‘‘red flags’’ in the prescriptions right to either request a hearing on the sanction. RD, at 120. I make the issued by Respondent, including allegations or submit a written following findings of fact. ‘‘patients that were living at the same statement in lieu of exercising the right address, patients that were coming from to a hearing, the procedures for electing II. Findings of Fact long distances, patients that were being each option, and the consequences for A. DEA Registration prescribed high strengths of failing to elect either option. Id. at 11 amphetamines and other dangerous The parties stipulated that (citing 21 CFR 1301.43). combinations.’’ Id. In July 2018, DI Respondent is registered with DEA as a By letter dated July 22, 2019, queried the Louisiana Prescription practitioner able to handle controlled Respondent timely requested a hearing Monitoring Program for Respondent’s substances in schedules IIN through V and proceeded pro se.1 ALJX 2 (Request prescriptions and discovered the same under DEA Certificate of Registration for Hearing), at 1; Tr. 11. The matter was red flags. Id. at 29. DI also testified that No. MV3148257, at 4480 General placed on the docket of the Office of she received statistics from the DeGaulle Drive, Suite 107, Executive Administrative Law Judges and was Louisiana Board of Pharmacy indicating Square, New Orleans, Louisiana 70131. assigned to Administrative Law Judge that Respondent was the number one RD, at 44; ALJX 6, Appendix A, at 1; Mark M. Dowd (hereinafter, ALJ). On prescriber of controlled substance and ALJX 4, Attachment A (Controlled July 23, 2019, the ALJ established a dosage units among mid-level Substance Registration Certificate). This schedule for the filing of prehearing practitioners in the state.5 Id. at 29–30. statements. ALJX 3 (Order for registration expired on July 31, 3 DI further testified that DEA visited Prehearing Statements), at 1–2. The 2020. See ALJX 4, Attachment A. pharmacies where prescriptions issued Government filed its prehearing B. Government’s Case by Respondent were filled to obtain statement on July 30, 2019. ALJX 4 The Government’s documentary copies of the prescriptions. Id. at 32. (Government’s Prehearing Statement), at evidence consisted primarily of patient DEA also served an administrative 1. Respondent filed her Prehearing files and prescription records for five subpoena for thirty of Respondent’s Statement on August 6, 2019. See ALJX patient files, which were received in 5 (Respondent’s Prehearing Statement), 2 My agreement includes the ALJ’s decision to August 2018. Id. at 30–31. Finally, DI at 1. On August 8, 2019, the ALJ issued proceed with the scheduled hearing when testified that DEA sent eleven of the a Prehearing Ruling that, among other Respondent’s identified witnesses were patient files to an expert witness, Dr. things, set out twenty-five agreed upon unavailable. RD, at 14–15. Respondent identified Andrew Chambers, to review. Id. at 31, additional witnesses in her Prehearing Statement, stipulations and established schedules but they were not present to testify at the hearing. 73–74. Having read and analyzed all of for the filing of additional prehearing RD, at 14; Tr. 11–14. Respondent said she was the record evidence, I agree with the documents and for the hearing. ALJX 6 ‘‘prepared to proceed’’ to the hearing without the ALJ that DI’s testimony was ‘‘credible (Prehearing Ruling). Respondent filed a witnesses because one of the witnesses could not and should be afforded considerable ‘‘speak to the reasons [Respondent] made clinical supplemental prehearing statement on decisions,’’ and Respondent was ‘‘unable to reach’’ weight.’’ RD, at 77. August 13, 2019. ALJX 7 (Respondent’s the other witnesses. Tr. 13. I agree with the ALJ’s Supplemental Prehearing). decision to proceed with the hearing. See RD, at 14; 4 DI’s testimony explained that that Respondent The hearing in this matter took place Tr. 13–15. used to go by the name Melanie Varnado. Tr. 37. in New Orleans, Louisiana, and spanned 3 The fact that a respondent allows her I find that Melanie Baker and Melanie Varnado are registration to expire during the pendency of an used interchangeably in the record to describe the two days. See generally Transcript of OSC does not impact my jurisdiction or prerogative same person. under the Controlled Substances Act (hereinafter, 5 DI defined a ‘‘mid-level practitioner’’ as ‘‘nurse 1 I find that the Government’s service of the OSC CSA) to adjudicate the OSC to finality. Jeffrey D. practitioners, physician assistants, [prescribers] that was adequate. Olsen, M.D., 84 FR 68,474 (2019). are not actual medical doctors.’’ Id.

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Dr. Chambers testified regarding his C. Respondent’s Case Moreover, many of these ‘‘facts’’ could professional and educational The Respondent’s documentary not be given significant weight because background. Tr. 49–60; RD, at 56–57, evidence consisted of Respondent’s they were not documented in the 79–80. Dr. Chambers testified that he Curriculum Vitae, Initial Psychiatric patient files, as the Government’s expert was a licensed physician and he was a Evaluation and Medication Management credibly testified was required to satisfy board-certified addiction psychiatrist. forms implemented in Respondent’s the standard of care. See infra II.E. GX 12, at 8; Tr. 49–50; RD, at 56. He practice, starting in October 2018, D. Respondent’s Practice testified that he maintained a clinical following a quality review from an As there was no substantive testimony practice, which he had operated since insurance company, and the practice’s from Respondent or anyone affiliated the year 2000, and that approximately discharge policy. Respondent’s Exhibits with Respondent’s practice, R.V. 50% of his work was clinical. Tr. 52; (hereinafter, RX), 1–4; Tr. 325–29. Psychiatric Services, L.L.C., it was RD, at 56, 80. He further testified that Respondent also provided eight difficult to determine the structure of he was a teacher, and from his resume scholarly articles in defense of her the practice from the evidence at hand. 7 it appears that he teaches at various treatment practices. RX 5; RD, at 81. It is clear, however, that all of the institutions including as a tenured Respondent’s testimony on her own medical records prior to the year 2013 Associate Professor of Psychiatry and behalf was limited to offering and appear to be created by R.V.12 Beginning 8 director of the addiction psychiatry authenticating her five exhibits. Tr. in 2013 for K.W., 2014 for M.G., 2015 specialty at the Indiana University 324–30. The ALJ found, and I agree, that for F.P., and 2016 for M.H.,13 both R.V. School of Medicine. Tr. 53–54; GX 12, Respondent’s limited testimony was and Respondent appear to be seeing at 1; RD, at 56. Dr. Chambers testified ‘‘internally consistent and consistent and/or prescribing for the individuals that he has had the opportunity to teach with the remaining record.’’ RD, at 77. identified in this case. See GX 3; GX 5; nurses and to supervise nurse Respondent’s testimony on this limited GX 7; GX 9; Tr. 116. At all times practitioners including providing scope was also uncontested. Id. relevant to this case, namely February oversight of their prescribing decisions. Despite being instructed during the 2017 to May 2019, Respondent appears Tr. 53–54; RD, at 56. I agree with the hearing that she could not present her to be the only provider from R.V. ALJ’s finding that ‘‘Dr. Chambers case for the first time in closing, Psychiatric Services, L.L.C., prescribing possesse[d] an impressive amount of Respondent attempted to introduce a controlled substances to the five study, experience, and expertise in th[e] number of evidentiary ‘‘facts’’ in her individuals identified in this case.14 posthearing brief 9 that she presumably relatively narrow field of addiction E. The Standard of Care in the State of psychiatry.’’ RD, at 82. believed to be mitigating or to explain the rationale behind her prescribing. Louisiana Although Dr. Chambers is licensed in RD, at 77; Tr. 341; Resp Posthearing. In accordance with Dr. Chambers’ Indiana, he testified that he was familiar Some of these ‘‘facts’’ had little-to-no credible and uncontroverted testimony with the standard of care for prescribing relevance to this case,10 and other and the record as a whole, I find that the controlled substances in Louisiana and ‘‘facts’’ were blanket statements that standard of care for prescribing had reviewed relevant sections of the Respondent’s actions were correct and/ controlled substances in Louisiana Louisiana code. Tr. 60; RD, at 80. I agree or were supported by scientific requires the following: (1) An with the ALJ that Dr. Chambers evidence. Resp Posthearing, at 5–8. appropriate assessment and evaluation ‘‘demonstrated a formidable knowledge None of these supposed ‘‘facts’’ were to make a diagnosis; (2) sound rationale relating to the Louisiana standard of given under oath and none were subject for prescribing controlled substances care involving the prescribing of to cross-examination; therefore, I agree related to that diagnosis; (3) ongoing controlled substances, and the requisite with the ALJ that they were ‘‘not part of monitoring to ensure that the desired professional practices.’’ RD, at 82. the evidentiary record.’’ RD, at 77. Even outcome is achieved and undesirable Ultimately, Dr. Chambers ‘‘was offered if Respondent’s ‘‘facts’’ had been side effects are not experienced; and (4) and qualified as an expert in the field appropriately submitted through appropriate documentation. Tr. 69–70, of addiction psychiatry and on the testimonial evidence, they would likely standard of care for prescribing not have outweighed the credible written in Louisiana. Resp Posthearing, at 3 controlled substances for psychiatric testimony of the Government’s expert.11 (arguing that Dr. Chambers ‘‘was unfamiliar with the state board of pharmacy requirement to write care in Louisiana.’’ Id. at 79–80. I find certain prescriptions a certain way’’). The standard that Dr. Chambers was properly 7 The ALJ found, and I agree, that ‘‘Dr. Chambers of care violations alleged in this case are related to qualified as an expert witness.6 thoroughly and credibly discounted the articles’ Respondent’s issuance of prescriptions without a prominence, repute, and application to the issues legitimate medical purpose; the manner in which The ALJ conducted a thorough before us.’’ RD, at 81; see also Tr. 280–307. the prescriptions were written is not at issue in this assessment of Dr. Chambers’ credibility, Ultimately the ALJ concluded, and I agree, that ‘‘the case. Infra II.E. articles provided no defense to the Respondent’s 12 with which I agree. Id. at 79–82. I In making this decision, I am not attributing to charged practices’’ and that ‘‘Dr. Chambers’ live Respondent any actions or inactions of R.V. further agree with the ALJ’s finding that testimony and opinions greatly outweigh the Respondent was judged herein solely on her actions ‘‘Dr. Chambers provided consistent, journal articles submitted by the Respondent.’’ RD, or inactions during the period of time at issue in reliable and fully developed testimony at 81 and n.21. this case. Where I have discussed actions or 8 See supra n.2. inactions by R.V. or by Respondent outside of the in this matter.’’ Id. at 82. I additionally 9 Many of these same ‘‘facts’’ were also referenced period of time at issue in this case, it is only to note that Respondent presented no in Respondent’s opening statement, prehearing provide context to understand the allegations expert testimony that conflicted with brief, and/or cross-examination questions. See RD, against Respondent. See also RD, at 92 n. 24. Dr. Chamber’s opinions. Id.; see also, at 77; ALJX 5; ALJX 7; Tr. 20–24, 243–79. 13 F.A. does not appear to have been seen by R.V. 10 For example, Respondent included statements since she began treatment at the practice in 2017. infra n.7. that all of the prescription medications at issue GX 1. were approved by insurance providers. See, e.g., Tr. 14 There are some notations in the medical 6 Dr. Chambers has previously been qualified as 24. records during the time period at issue in this case an expert in DEA proceedings and his testimony 11 Respondent attempted to challenge Dr. that do not appear to be written by either was found credible. See, e.g., Bernard Wilberforce Chamber’s expertise by providing examples of what Respondent or R.V.; however, the Respondent Shelton, M.D., 83 FR 14,028, 14,036 (2018); Lon F. she believes reflects Dr. Chambers’ unfamiliarity ultimately signs and therefor adopts those notations Alexander, 82 FR 49,704 (2017). with the manner in which prescriptions must be as her own. See supra II.E.; Tr. 225–27.

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72; RD, at 57–58. Throughout his ‘‘no APRN[16] shall prescribe any patient] or dosing them correctly.’’ 17 Id. testimony, Dr. Chambers expanded on controlled substance or other drug at 246. By ‘‘monitoring,’’ Dr. Chambers the standard of care, explaining in detail having addiction-forming or addiction ‘‘mean[s] urine drug screens, [and/or] what a prescriber must do to satisfy sustaining liability without a good faith prescription drug monitoring program each of these four requirements. prior examination. . . .’’ database inquir[ies].’’ Id. at 317. Dr. First, Dr. Chambers explained what a Second, Dr. Chambers explained what Chambers also explained that addiction prescriber must do to satisfy the constitutes sound rationale for is a negative side effect that a prescriber standard of care’s requirement that there prescribing controlled substances should monitor for signs of.18 Id. at 70, be an appropriate assessment and related to a specific diagnosis. 115, 137. Dr. Chambers opined that evaluation to make a diagnosis. To Throughout his testimony, he described ‘‘[a]ny time you make a diagnosis, or if satisfy this requirement, a prescriber sound rationale as having a ‘‘clear, you have sufficient evidence that a should conduct ‘‘a clinical interview strong basis.’’ Tr. 194. He explained that person has addiction, it [is] absolutely a that would cover psychiatric history, the standard of care required that new standard of care to drug-test them . . . addiction history, social history, and controlled substance prescriptions be [r]andomly and frequently.’’ Id. at 137. demographics, in order to develop a justified in the medical records. Id. at According to Dr. Chambers, a prescriber hypothesis as to the correct diagnosis.’’ 193. He also explained that ‘‘clinical ‘‘cannot rely on a patient with mental Tr. 71. To make a psychiatric diagnosis, decision-making about controlled illness and addiction [to] self-report ‘‘the standard of care is that the substances especially is a multi-variable . . . [i]t needs confirmation with drug- physician would evaluate for signs and decision’’ that has to be made within the testing.’’ Id. at 149. Appropriate symptoms that are consistent with that ‘‘whole context’’ of an individual monitoring also requires investigation diagnosis and actually write them in the patient. Id. at 111. and documentation of issues that arise, chart.’’ Id. at 213. Further, ‘‘[i]t is Dr. Chambers’ opinion that the such as reasons for a missed actually not sufficient to simply state standard of care in Louisiana requires appointment, potential withdrawal if the diagnosis and not have evidence to sound rationale for prescribing the patient was without medication, and support that diagnosis.’’ Id. Dr. controlled substances is further reports of hospitalization. Id. at 275, Chambers explained that a prescriber supported by Louisiana law. La. Admin. 279. should also do objective measures Code tit. 46, Pt. XLVII, Fourth, Dr. Chambers explained what testing because ‘‘the nature of addictive § 4513(D)(2)(b)(xi) states that ‘‘no APRN appropriate documentation was disease is such that the self-report is shall prescribe any controlled substance required to be in compliance with the often not as reliable as you might find or other drug having addiction-forming standard of care. He explained that the in other areas of health care. . . .’’ Id. or addiction sustaining liability without record must document a comprehensive at 71. Dr. Chambers testified that urine a good faith . . . medical indication.’’ evaluation including a mental status or drug screening and evaluation of the Third, Dr. Chambers explained what psychiatric exam, and the history prescription drug monitoring program ongoing monitoring the standard of care including the psychiatric history, database are two ways to conduct an required to ensure that the desired substance abuse history, and social objective assessment. Id. at 71–72 outcome of treatment is achieved and history. Id. at 72. Appropriate Dr. Chambers also explained that a that negative side effects are avoided. documentation requires the practitioner provider must conduct an appropriate With regard to monitoring, Dr. to ‘‘[build] a narrative that describes real assessment or evaluation to inform the Chambers explained that an initial people and events,’’ including what the patient is doing that causes concern, in diagnosis even when that provider is evaluation is comprehensive, and that at order to establish ‘‘that there really is a sharing in care or taking over care of a each subsequent visit a physician cognitive problem.’’ Id. at 257. The patient from a prior prescriber. Id. at should ‘‘continuously [gather] new data record must also document objective 116–17. ‘‘There is a responsibility of the to, A, confirm [you are] not running into measures testing, such as urine drug second practitioner to look at the trouble with your [prescribed screening or inquiries of the information from the prior prescriber, medications], but B, are they working, prescription drug monitor database. Id. but to also come to their own or can you get rid of them, because at 72, 257. Moreover, for documentation conclusion and build a treatment plan maybe [the patient got] better.’’ Tr. 118. to be appropriate, anyone who sees a that would incorporate [the prior] One ‘‘side effect’’ Dr. Chambers opined patient must sign their notes in the information but also incorporate their that practitioners should look for is medical record. Id. at 201–02, 225. A own examination, . . . you owe it to the diversion. Id. at 246, 272–73. Dr. practitioner signing a note written by patient to double-check the prior Chambers testified that he considers another practitioner ‘‘owns it’’ despite prescriber.’’ Id. at 117. If a new provider ‘‘the potential for diversion’’ to be an the ambiguity over ‘‘who actually made ‘‘[does not] make any changes’’ and’’ ‘‘unfortunate side effect,’’ and that [the] decision[s].’’ Id. at 227. continues to do exactly what [the diversion is ‘‘more common if [a previous provider] did,’’ then the new practitioner is] not also monitoring [the 17 Dr. Chambers further testified that with regard provider ‘‘own[s] that person’s to diversion of controlled substances, a practitioner decision.’’ Id. at 224–25. to this case between the prior version of this law, has ‘‘to really make sure [the dosage is] not too Dr. Chambers’ opinion that the effective April 2016 to February 19, 2018, and the high.’’ Tr. 317. standard of care in Louisiana requires cited version of the law. 18 Dr. Chambers explained that monitoring is 16 APRN stands for Advance Practice Registered especially important in a psychiatric practice an appropriate assessment and Nurse which means, amongst other things, that the because people with several varieties of mental evaluation to make a diagnosis is nurse has ‘‘acquired advanced clinical knowledge illness present in this case have a higher rate of reflected in Louisiana law. La. Admin. and skills [to prepare her] to provide direct care to becoming addicted including addiction to Code tit. 46, Pt. XLVII, patients’’ including the ‘‘assessment, diagnosis, and prescribed controlled substances. Tr. 70, 77–78. Dr. 15 management of patient problems, which includes Chambers explained ‘‘that the circuits in the brain § 4513(D)(2)(b)(xi) (2019) states that the use and prescription of pharmacologic and non- that are impacted by the mental illness cause the pharmacologic interventions.’’ La. Admin. Code tit. individual to have a much more rapid acceleration 15 This citation is to La. Admin. Code tit. 46, Pt. 46, Pt. XLVII, § 4505 (2018) (amended on February into the disease process of drug addiction, because XLVII, § 4513 effective February 20, 2018, through 20, 2018, with no substantive changes to the cited the circuits in the brain where mental illness September 19, 2019. There is no substantive text). Respondent is an APRN. RX 1 (Respondent’s happens and addiction happens are interlinked.’’ changes to the portions of § 4513 that are relevant Curriculum Vitae), at 1. Id. at 78.

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Dr. Chambers also explained that the or uppers, Dr. Chambers explained that [does not] even have bipolar, but if they standard of care requires that a they are addictive, are susceptible to do have bipolar it could make it worse.’’ prescriber act on data obtained from diversion, and one form of stimulants, Id. urine drug screening or the prescription amphetamine, can be readily converted Dr. Chambers also provided generally drug monitoring program: ‘‘you [cannot] to methamphetamines in a home lab. Id. applicable testimony about controlled just gather that and put it in the chart.’’ at 78–80. Additionally, Dr. Chambers substance prescribing pitfalls for Id. at 73. noted that recently in the United States common mental health diagnoses. Dr. Chambers’ opinion that the there was an increase in prescribing Regarding ADD diagnoses, Dr. Chambers standard of care in Louisiana requires amphetamines to adults and an increase explained that ‘‘virtually all [of] the appropriate documentation is in overdoses caused by stimulants. Id. at major mental illnesses—schizophrenia, additionally supported by Louisiana 81. Prescribing amphetamines to adults bipolar disorder, major depression, law. La. Admin. Code tit. 46, Pt. XLVII, to treat ADD, as Dr. Chambers PTSD, some of the personality § 4513(D)(4) (2019) states that ‘‘[a]n explained, is ‘‘controversial and disorders—they all generate cognitive APRN who prescribed a controlled problematic.’’ Id. at 81. According to Dr. symptoms that look like ADD.’’ Tr. 131. substance shall maintain a complete Chambers, ‘‘[m]ost cases of legitimate He further explained that in a record of the examination, evaluation ADD and ADHD are diagnosed between psychiatric practice, ‘‘someone who and treatment of the patient which must [the] age of six and 13, kind of school- really [does not] know how to diagnose include documentation of the diagnosis aged children. When you get outside of mental illness could readily diagnose and reason for prescribing controlled that age zone, you have to worry about every person that walks in the door with substances.’’ 19 a . . . differential diagnosis, where ADD, and if they just follow the FDA guideline, [you are] now delivering F. Patients there could be a whole lot of other things going on, and actually [they are] amphetamines to everybody who walks 1. Facts Relevant to All Patients not ADD.’’ Id. at 88–89. in your door with any mental illness.’’ During his testimony, Dr. Chambers Regarding sedatives, benzodiazepines Id. Similarly, ‘‘insomnia [is] built into outlined some of the dangers of or downers, Dr. Chambers described the [a] depression’’ diagnosis. Id. at 209. biggest danger as addiction. Id. at 82. prescribing various classes of controlled 2. Prescribing for F.A. substances 20 both singularly and When prescribed chronically, patients Between February 2018 and February collectively. With regard to stimulants ‘‘can rapidly develop tolerance and dependence on a benzodiazepine’’ and 2019, Respondent issued twenty-three controlled substance prescriptions to 19 The law further clarifies, ‘‘[t]he name, dose, ‘‘when that tolerance occurs, . . . the strength, quantity of the controlled substance and brain . . . acquire[s] a form of F.A. for mixed amphetamine salts. GX 2 the date that the controlled substance was psychopathology that mimics the (Prescriptions Issued to F.A.); RD, at 88. prescribed must also be documented in the record.’’ problem that the drug was originally Dr. Chambers testified that each of these Id. twenty-three prescriptions was issued 20 I find the following facts related to the intended to treat.’’ Id. at 82. controlled substances at issue in this case. (1) The Additionally, Dr. Chambers testified outside the usual course of professional parties stipulated that amphetamine is a Schedule that ‘‘benzodiazepines are central practice and without a legitimate II controlled substance, and that Adderall is a brand nervous system depressants, so they medical purpose. Tr. 102–03; RD, at 88. name drug containing amphetamine salts. ALJX 7, suppress cognitive and motor function In support of his opinion, Dr. at 13. According to Dr. Chambers, amphetamines Chambers testified that Respondent did are stimulants, and stimulants are sometimes over time.’’ Id. at 83. Dr. Chambers referred to as uppers. Tr. 81, 132, 264. (2) The explained, that in patients with certain not perform an appropriate assessment parties stipulated that lisdexamfetamine is a mental illnesses these drugs can cause to diagnose the three-year-old patient Schedule II controlled substance, and that Vyvanse with ADD. Tr. 88–92, 97; RD, at 89. Dr. is a brand name drug containing lisdexamfetamine. disinhibited behavior, which tends to ALJX 7, at 13. According to Dr. Chambers, increase impulsiveness in patients, and Chambers explained that ‘‘normal lisdexamfetamine is a stimulant that is ‘‘very they shorten the patients’ lifespan. Id. at children [that young] have behaviors similar’’ to and ‘‘essentially has the same effects’’ 84. Additionally, when benzodiazepines that can look like ADD.’’ Tr. 89. as Adderall. Tr. 186. (3) The parties stipulated that Accordingly, Dr. Chambers explained, codeine is a Schedule III controlled substance. are combined with additional downers According to Dr. Chambers, codeine is an opiate or other drugs, they become quite to diagnose a three-year-old with ADD, and can be found in acetaminophen with codeine. dangerous, which can cause an overdose a practitioner must gather ‘‘more than Id. at 205. (4) The parties stipulated that alprazolam death. Id. at 79, 84–85, 213. Dr. one independent source of is a Schedule IV controlled substance. ALJX 7, at information.’’ Id. at 90; see also RD, at 13. According to Dr. Chambers, alprazolam is a Chambers further testified that the short-acting benzodiazepine and it is marketed prescribing of benzodiazepines and 89. Put another way, Dr. Chambers under the brand name Xanax. Tr. 151; see also GX addictive medications to preteens and explained that the standard of care for 8, at 7–8. According to Dr. Chambers, teenagers is especially problematic, this particular patient required ‘‘a benzodiazepines, or ‘‘benzos’’ for short, are collection of lines of evidence.’’ Tr. 93; sedatives and are sometimes referred to as downers. because in those years, ‘‘the brain is Tr. 206, 264. (5) The parties stipulated that especially vulnerable to addiction.’’ Id. see also RD, at 89. Per Dr. Chambers, the clonazepam is a Schedule IV controlled substance. at 195; see also id. at 120. evidence can come from parents, ALJX 7, at 13. According to Dr. Chambers, Dr. Chambers testified extensively teachers, or even through objective clonazepam is a benzodiazepine. Tr. 205. Klonopin about the dangers of prescribing both an testing in the form of ‘‘cognitive is a brand name drug containing clonazepam. Compare GX 9, at 23–24 with GX 9, at 5; GX 10, upper and a downer to the same batteries.’’ Tr. 91; see also RD, at 89. Dr. at 3. (6) The parties stipulated that lorazepam is a individual, and stated that ‘‘[there is] no Chambers criticized the information Schedule IV controlled substance. ALJX 7, at 13. legitimate medical indication for that’’ Respondent collected to support the Lorazepam is marketed under the brand name combination. Id. at 132; see also id. at diagnosis, which consisted of a report Ativan. See GX 6, at 1–2. According to Dr. Chambers, Ativan is a benzodiazepine, and is ‘‘even 146, 198, 215, 231. Instead, according to from a day care center and reports from more potent and powerful than the Ambien.’’ Tr. Dr. Chambers, the combination of the parents. GX 1 (Patient File for F.A.), 128–29. (7) The parties stipulated that zolpidem is ‘‘uppers and downers, has long been at 12; Tr. 90–95. With regard to the day a Schedule IV controlled substance. ALJX 7, at 13. understood to be a pattern of illicit care report, Dr. Chambers criticized that Zolpidem is marketed under the brand name it documented behavior occurring more Ambien. See GX 10, at 10. According to Dr. substance use.’’ Id. at 146. And the Chambers, Ambien is another benzodiazepine. Tr. combination ‘‘can create a bipolar than a year prior to the diagnosis. Tr. 91. 207. pattern of symptoms in someone who He further explained that preschool

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teachers are not likely to require enough Adderall.24 Tr. 97–100; RD, at 89–90. you might get a urine drug screen on the ‘‘cognitive demand that would elicit a Moreover, the 10–30 milligram dosages child, or do pill counts, or something to concern [about ADD] in a three-year- of Adderall prescribed by Respondent understand what’s going on.’’ 26 Id. at old.’’ Id. at 90. With regard to the exceeded the 2.5 to 10 milligram dosing 106; see also id. at 103. range that is recommend for a young parents’ reports, Dr. Chambers As final support for his opinion that child. Tr. 99, 112; RD, at 90. Dr. questioned their credibility, because the alleged prescriptions were issued Chambers ultimately opined that the there were other indications in the outside of the standard of care, Dr. patient files that the parents themselves Adderall prescriptions that Respondent issued to F.A. were ‘‘beyond the dose Chambers opined that Respondent could be addicted to or diverting failed to appropriately document F.A.’s controlled substances.21 Id. at 94–95. In range . . . for a child of this age and file. Tr. 91–92; RD, at 89. Dr. Chambers forming this opinion, Dr. Chamber’s size.... [and] [i]n the context of this testified that the documentation had noted that F.A.’s parents were also being case, it [was] outside the standard of ‘‘distortions and insufficient data treated by Respondent and were care.’’ Tr. 103. Dr. Chambers also noted that streams to inform a diagnosis of ADD.’’ prescribed a dangerous and addictive Respondent did not appropriately Tr. 91. The documentation included combination of controlled monitor F.A.’s use of the controlled shorthand references suggesting that substances.22 Id. at 87, 94–95; RD, at 88. substances she was prescribed. Dr. Respondent analyzed what Dr. Dr. Chamber’s opinion was further Chambers explained that you cannot Chambers called the DSM–IV criteria, supported by Respondent’s failure to rely on a three-year-old child to but stated there is ‘‘not substantial provide sound rationale for her accurately report on her compliance narrative evidence that any of those prescriptions to F.A. in the patient with a controlled substance treatment criteria were actually well supported.’’ records. Tr. 91–92; RD, at 89–90. regimen. Tr. 105. Although Dr. Id. at 92; see also GX 1, at 12; RD, at Specifically, Dr. Chambers opined that, Chambers noted that basic vital signs, 89. Dr. Chambers’ ultimately opined weight, and height were recorded ‘‘[i]t [was] not at all clear . . . that this that there was not a legitimate medical appropriately, id. at 105, Dr. Chambers’ child, based on this document, has purpose for the prescriptions to F.A. ADD.’’ Tr. 92. This is because F.A.’s opinion appears to be that, under the because ‘‘[b]ased on what’s documented ‘‘symptoms describe problems that don’t circumstances, the standard of care . . . the diagnosis of ADD is not really fit the diagnosis of ADD . . . required Respondent to do some form of supported at a sufficient level to make [they are] either inconsistent or outside compliance monitoring and Respondent the diagnosis.’’ Tr. 103. the diagnosis of ADD.’’ Id. at 91; see also did none. Tr. 106; RD, at 91. When RD, at 89. In fact, Dr. Chambers testified asked what monitoring was required to I find that, the twenty-three controlled that based on the documentation, his satisfy the standard of care, Dr. substance prescriptions Respondent opinion was that the ADD 23 diagnosis Chambers testified that ‘‘the context of issued to F.A. between February 2018 was outside the standard of care. Tr. 97; this case is so out of the standard of care and February 2019, were issued outside RD, at 89. Even if ADD had been a for 10 different reasons that, for of the usual course of professional proper diagnosis, according to Dr. goodness sakes, do something . . . at practice and beneath the applicable Chambers, Respondent did not issue the the very least, get a urine drug screen.’’ standard of care in Louisiana. This is Tr. 106–07. Dr. Chambers testified, ‘‘if controlled substance prescriptions because, based on Dr. Chambers’ the parents are using benzos and within the standard of care. Tr. 97–100; credible and uncontroverted expert amphetamines from some source, and RD, at 89–90. This is because, Dr. testimony and the record as a whole, there’s extreme poverty, and they live Chambers opined, there were two other Respondent did not obtain sufficient really far away,[25] and now the treatment options, namely behavioral patient’s been out of [the Adderall for a information to diagnose, did not have therapy and methylphenidate, that month], and [it is] possible they could sound rationale for the controlled should have been tried before issuing a be selling [the controlled substances], substance prescriptions that were controlled substance prescription for issued, did not monitor compliance 24 Respondent argued, both with regard with the prescription instructions, and 21 Respondent, likely in an attempt to challenge specifically to F.A. and generally, that while Dr. failed to appropriately document any of Dr. Chambers’ credibility, argued that Dr. Chambers Chambers described situations where a non- the above in the patient file. See also ‘‘offered statements in each of the five patient cases controlled substance could have been used in lieu that there was subversive abuse and diversion,’’ and of a controlled substance, the Government failed to RD, at 91. ‘‘demonstrated clear suspicion of everyone, establish that the non-controlled substance had to including these patients whom he has never met.’’ be used. Resp Posthearing, at 4. The Government 26 Dr. Chambers identified several red flags of Resp Posthearing, at 2. I believe Respondent missed does not have to establish that Respondent should diversion, which he testified needed to be Dr. Chambers’ point. Dr. Chambers’ testimony was have prescribed a different medication or that the monitored under the standard of care. Specifically, not that every patient was abusing or diverting controlled-substances Respondent prescribed were Dr. Chambers identified the following red flags: controlled substances, but that every patient should wrong. The standard of care requires that have been monitored to ensure that potential abuse Respondent have a sound rationale for prescribing Traveling a long distance to see a practitioner, Tr. or diversion was not occurring. Tr. 246 (Dr. a controlled substance, whether or not a non- 253, 309; getting multiple controlled substance Chambers testified, ‘‘I don’t think every patient controlled substance alternative is available, and prescriptions from one practitioner, id. at 308–09; diverts. I think [there is] a high rate of it, and I think that she document her justification or rationale for and getting controlled substance prescriptions from that you have to anticipate it could happen with prescribing any controlled-substance. Tr. 97–100, multiple practitioners, id. at 169. Respondent has any patient.’’); see also id. at 70, 115, 137, 149, 272– 193; supra, II.E.; La. Admin. Code tit. 46, Pt. XLVII, conclusively asserted both with regard to F.A. and 73; supra II.E. § 4513(D)(4) (stating that medical records ‘‘must other patients, that there were no red flags of 22 F.A.’s parents were each prescribed two include documentation of the . . . reason for diversion. Resp Prehearing, at 10–12, 15; Resp benzodiazepines and amphetamines by prescribing controlled substances’’). Here however, Posthearing, at 6, 8. However, there is no evidence Respondent. Tr. 90, 95; RD, at 88. Dr. Chambers opined that Respondent did not have in the record to support Respondent’s indications 23 Dr. Chambers often referred to the diagnosis as sound rationale for prescribing the controlled that she conducted the necessary inquiries to ADD, but there are other references in the record substances at issue nor did she document any to F.A. being diagnosed with ADHD. See, e.g., Tr. rationale. resolve the red flags that Dr. Chambers identified. 96–97; GX 1, at 15. It is clear from the testimony 25 Dr. Chambers testified that F.A. and her family See supra II.C. And even if Respondent had and the record as a whole that the acronyms ADD ‘‘live very far away, hundreds of miles away, and investigated any red flags, the results of those and ADHD are used interchangeably throughout so . . . that creates monitoring problems.’’ Tr. 96; hypothetical investigations were not appropriately this case. see also id. at 252–53. documented in the medical records. See supra II.E.

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3. Prescribing to K.W. unleash out-of-control behavior, those risks played out in July 2018, Between July 2017 and April 2019, especially in people with . . . bipolar when K.W. attempted suicide again and Respondent issued twenty-three 27 disorder who are already prone to that.’’ was placed in emergency detention and controlled substance prescriptions to Tr. 128. K.W. exhibited those side hospitalized. GX 7, at 29; Tr. 160–61; K.W. for mixed amphetamine salts and effects while on benzodiazepines. Id. at RD, at 94. ‘‘Grandmother stated it all 34 alprazolam. GX 8 (Prescriptions Issued 119–20, 127. While taking prescription started over zanie[ ] bars. Patient takes to K.W.); Tr. 113–14; RD, at 92. Dr. benzodiazepine (Ambien) at the age of zanie bars and goes in a rage. Patient Chambers testified that each of these fourteen, K.W. experienced went crazy because she woke up and twenty-three controlled substance hallucinations and was hearing voices, [could not] find the zanie bars.’’ Tr. 154; prescriptions was issued outside the so the benzodiazepine prescription was see also GX 7, at 29; RD, at 94–95. 29 usual course of professional practice discontinued. GX 7 at 293, 295; Tr. In addition to testifying that K.W. and without a legitimate medical 119–20. While on a benzodiazepine should have been prescribed neither the purpose. Tr. 140–41, 150–52, 155–56; (Ativan) at the age of seventeen, she amphetamines nor the benzodiazepines RD, at 95. suffered from blackouts that lead to her by themselves, he explained the In support of his opinion, Dr. being arrested and charged with compounding impact of prescribing Chambers testified that Respondent resisting arrest, domestic violence, and both at the same time. Tr. 151. Dr. failed to provide sound rationale for the violence against a police officer.30 Tr. Chambers testified, ‘‘[w]e have an controlled substance prescriptions 127–29; GX 7, at 133. While on a upper, which is the amphetamine, and issued to K.W. to treat her diagnosed different benzodiazepine (Restoril) at a downer [the benzodiazepine] being ADD, bipolar disorder, and insomnia. the age of twenty-one,31 K.W. reported delivered to a patient with a mental Tr. 115, 119–20, 122–23, 128, 132–33, to Respondent that she ‘‘used a ‘rock,’ illness [that is] defined by out-of-control 142, 144, 146, 150–53, 159; RD, at 89– became agitated, took sleeping ups and downs, bipolar disorder.’’ Id. at 90. First, Dr. Chambers opined that the [medication] (Restoril), blacked out, hit 132. Ultimately, Dr. Chambers opined amphetamine salt prescriptions were mom, police came, was arrested . . . 5 that for K.W. ‘‘[there was] no legitimate contraindicated because K.W. was days in jail.’’ 32 GX 7, at 53; see also Tr. medical indication’’ for prescribing ‘‘a diagnosed as being bipolar, an ‘‘[illness] 129. Following that incident, K.W. cocktail of an upper and downer.’’ Id.; that greatly increase[s] the risk of requested, and was prescribed by see also id. at 114; RD, at 92. adverse effects of controlled substances Respondent, a different benzodiazepine In addition to not having sound and addiction.’’ Tr. 114; RD, at 92. Dr. (Valium) 33 to be taken as needed. GX 7, rationale for prescribing, Dr. Chambers Chambers explained that K.W.’s at 53; Tr. 129, 144–46. By November noted that Respondent did not symptoms, ‘‘cutting, depression, quasi- 2017, which was in the timeframe of the appropriately monitor K.W.’s use of the psychotic hearing voices,’’ were coming prescriptions underlying the allegations controlled substances she was from her mental illness, but ‘‘all of it in this case, Respondent was prescribing prescribed. As I found above based on could also be contributed to by the K.W. another benzodiazepine (Xanax) Dr. Chamber’s expert testimony, the drugs.... if you put people on high- for insomnia. Tr. 151–52; GX 7, at 41. standard of care requires monitoring of dose amphetamines you can actually According to Dr. Chambers, a side effects and monitoring to ensure an cause them to get psychotic as if they practitioner should ‘‘not prescribe appropriate outcome is reached. Supra have schizophrenia.’’ Tr. 159; RD, at 95. Xanax for insomnia because it is a very II.E.; Tr. 118. Regarding K.W., Dr. Moreover, Dr. Chambers testified that, short-acting benzoid and there are other Chambers opined that the ‘‘most ‘‘the patient [had] been using various ones . . . that are milder, less risky.’’ Tr. important and deadly outcome of [the drugs, street drugs, that are closely akin 151–52. As explained by Dr. Chambers, prescribed drugs] . . . is addiction, and to the drugs that [Respondent] [was] death, and legal outcomes, and prescribing.’’ Tr. 114. Dr. Chambers 29 K.W. was first prescribed a benzodiazepine in worsening mental illness.’’ Tr. 115. 2009 by R.V., not Respondent. GX 7, at 295; Tr. Many of those side effects occurred. explained that K.W.’s use of illegal 119–20. In 2009, K.W.’s benzodiazepine street drugs; 28 including ecstasy at age prescription was stopped in light of the side effects Supra. Dr. Chambers further opined that fourteen, GX 7, at 272, 274; crack she experienced. GX 7, at 293. ‘‘despite the incoming evidence [of an cocaine, GX 7, at 53, Tr. 138–39; and 30 By the year 2014, while being treated by both amphetamine addiction], [there was] no methamphetamines, GX 7, at 38, Tr. 38; Respondent and R.V., K.W. was prescribed Ativan attempt to actually treat or do further which is ‘‘even more potent and powerful than the monitoring to investigate an addiction.’’ was evidence that K.W. had a stimulant Ambien.’’ Tr. 129, see also id. at 127–28; GX 7, at addiction and that the amphetamines 133. According to Dr. Chambers, Respondent Id.; see also id. at 160; RD, at 92. Dr. should no longer have been prescribed. misattributed the side effects K.W. experienced, Chambers further stated that he ‘‘never while taking Ambien to another medication K.W. saw evidence that [a urine drug screen] Tr. 115; RD, at 92. was prescribed (which, according to Dr. Chambers, Second, Dr. Chambers opined that the does not include blackouts as a side effect), and test was ordered or acted on by benzodiazepine prescriptions were continued K.W. on the benzodiazepine. Tr. 128–29. [Respondent] or the whole practice’’ as contraindicated. According to Dr. Dr. Chambers opined that by this time in 2014, ‘‘the required by the standard of care. Tr. evidence [was] overwhelming that the diagnostic 136; see also RD, at 94. Chambers, ‘‘benzodiazepines can indication [was not] right, the diagnosis [was not] correct, the treatment [was] worsening the diagnosis As final support for his opinion that 27 The OSC alleged that there were ‘‘at least 24 . . . contributing to worsening of the mental the alleged prescriptions were issued prescriptions’’ issued to K.W. outside the usual illness,’’ but Respondent continued to prescribe outside of the standard of care, Dr. course of professional practice. OSC, at 7. However, benzodiazepines. Tr. 129; RD, at 93. Chambers opined that Respondent the Government only presented evidence on 31 By March 2017, Respondent appears to be failed to appropriately document K.W.’s twenty-three prescriptions. See GX 8. K.W.’s only treating practitioner. See, e.g., GX 7, at 28 Additionally, there is a Psychosocial 53. file. Tr. 124, 161; RD, at 93. Dr. Assessment in K.W.’s medical record that was 32 The quoted medical notes contained arrows Chambers testified that the performed on December 17, 2013, by an outside between each phrase; I have replaced those arrows documentation Respondent kept for professional unaffiliated with R.V. Psychiatric with commas for clarity. K.W. was ‘‘a problem’’ because ‘‘[there Services, L.L.C. GX 7, at 223. In that assessment, 33 Dr. Chambers testified that ‘‘Valium and K.W. reported that she ‘‘was 12 [years] old when Restoril are both benzoids, so there is not really was] no kind of detail.’’ Tr. 124. As an she first drank alcohol,’’ . . . ‘‘has abused [A]mbien much gained by stopping the Restoril which she before, [and] was 12 [years] old when [she] first just blacked out on and merely replacing that with 34 Dr. Chambers testified that ‘‘zanie bars is smoked marijuana.’’ Id. at 224. another benzoid.’’ Tr. 139; RD, at 94. normal street usage for Xanax.’’ Tr. 154.

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example, Dr. Chambers explained that benzo[diazepine] causes cognitive going on for five months on a lethal following K.W.’s July 2018 emergency problems and memory disturbances that combination of drugs prescribed by detention at a hospital, Respondent’s look like ADD.’’ Tr. 166. doctors[,] and [Respondent] [knew] outpatient note did not express any In further support of his opinion, Dr. this.’’ Id. at 174. Dr. Chambers acknowledgment or investigation of the Chambers testified that Respondent explained that, at this point, some incident. Id. at 161. ‘‘[There was] a failed to provide sound rationale for the investigation was necessary to check-mark for billing[;] . . . [t]here controlled substance prescriptions determine what had happened in the [were] some check-marks in the issued to M.G. to treat his diagnosed two months during which M.G., had he evaluation[;] but there is no ADD and bipolar disorder. Id. at 165, taken the controlled substances as conversation here about what just 166, 169, 172, 180. Dr. Chambers prescribed, would have been out of happened. How did you get this way? explained that Respondent should have medication. Id. at 175; RD, at 97–98. Dr. What happened with your meds? How treated M.G. ‘‘with mood-stabilizers[,] Chambers opined that there were three was it in the hospital? . . . [it is] like not an addictive drug that bipolar possible scenarios. First, the controlled it never happened.’’ Id. Dr. Chambers people are vulnerable to getting substances may not have ‘‘actually also stated that ‘‘any time an outside addicted to and [that] could inflame the gotten in his body’’ as he could have professional submitted a work-up or bipolar.’’ Tr. 165; supra II.F.1; RD, at 96. been ‘‘selling every bit of it.’’ 38 Id. at evaluation,[35] it provid[ed] a whole In addition to the controlled substances 175. Alternatively, M.G. could have run higher level of clarity and detail that is Respondent prescribed, on May 22, out and gotten the drugs ‘‘from street non-existent’’ in the medical records 2017, M.G. informed Respondent that he sources.’’ Id. A third possibility was that prepared by Respondent. Id. at 124. was taking ‘‘Norco for back from M.G. was ‘‘fine going with these big I find that, the twenty-three controlled [primary care physician]’’ due to ‘‘4 gaps [without controlled substances] substance prescriptions Respondent herniated disks [from a] motorcycle . . . [so] he [should not] be on [them] issued to K.W. between July 2017 and accident.’’ GX 3, at 176. Dr. Chambers anyway.’’ Id. Dr. Chambers’ testimony April 2019, were issued outside of the opined that the stimulant and made clear that there was ‘‘[n]othing usual course of professional practice benzodiazepine prescriptions appropriate’’ going on in any of the and beneath the applicable standard of Respondent issued to M.G. were already three scenarios and that some care in Louisiana. This is because, based outside the standard of care, but they investigation was required to on Dr. Chambers’ credible and became ‘‘super-dangerous both with appropriately monitor M.G. Id. at 175, uncontroverted expert testimony and respect to addiction and worsening of 275. Dr. Chambers opined that ‘‘[t]his the record as a whole, Respondent did mental illness,’’ when M.G. started [was] not health care.’’ Id. at 174. not have sound rationale for the receiving narcotics from his primary Dr. Chambers testified that, for M.G., controlled substance prescriptions that care physician.37 Tr. 170; GX 3, at 176; ‘‘[t]here [was] not a single drug-screen were issued, did not monitor RD, at 97. Dr. Chambers opined that in the record.’’ Id. at 175; see also id. at compliance with the prescription ‘‘outside of an intensive care unit 182. Dr. Chambers further explained instructions, and failed to appropriately setting, . . . there is just no indication that Respondent should have monitored document any of the above in the of any disease that would justify that M.G. with drug testing upon receiving patient file. See also RD, at 95–96. kind of dangerous regimen.’’ Tr. 170; the May 27, 2014 report from Dr. L.G., 4. Prescribing to M.G. RD, at 97. Dr. Chambers testified that it Ph.D. that diagnosed M.G. with was ‘‘outside the appropriate standard ‘‘Cannabis Use Disorder—Mild to Between February 2017 and May of care’’ for Respondent to issue the Moderate,’’ and ‘‘Tobacco Use 36 2019, Respondent issued forty-two clonazepam and amphetamine salt Disorder—Moderate.’’ GX 3, at 39; Tr. controlled substance prescriptions to prescriptions to M.G. knowing that he 178–79. Dr. Chambers explained that M.G. for mixed amphetamine salts, and was on Norco. Tr. 172; RD, at 97. where ‘‘there [are] substance use issues, clonazepam. GX 4 (Prescriptions Issued In addition to not having sound you have to start drug-testing. People to M.G.); RD, at 96. Dr. Chambers rationale for prescribing, Dr. Chambers [do not] have compartmentalized testified that each of the forty-two noted that Respondent did not addictions . . . [t]he part of the brain controlled substance prescriptions was appropriately monitor M.G.’s use of the where addiction happens does not care issued outside the usual course of controlled substances he was what the source of the drug is.’’ Tr. 179; professional practice and without a prescribed. For example, in May 2017, RD, at 99.39 legitimate medical purpose. Tr. 172, Dr. Chambers testified, Respondent was As final support for his opinion that 175, 180, 181; RD, at 98–99. aware that M.G. was taking Norco the alleged prescriptions were issued In support of his opinion, Dr. prescribed by another practitioner and outside of the standard of care, Dr. Chambers found Respondent’s diagnosis yet she issued to M.G. three months of Chambers opined that Respondent of M.G. with ADD to be problematic in- prescriptions for Adderall and failed to appropriately document M.G.’s light-of the existing bipolar disorder Klonopin. Tr. 173. First, Dr. Chambers file. Tr. 164, 173, 175–76. Dr. Chambers diagnosis. Tr. 165–66; RD, at 96; supra opined that ‘‘you would expect the explained that ‘‘there [was] no II.F.1. Dr. Chambers opined that the patient to be back in August, but we documentation of warnings’’ provided benzodiazepine prescription [did not] see that . . . then there [was] Respondent issued to M.G. can ‘‘cause a note for October and the patient [was] 38 Dr. Chambers later explained that ‘‘you have to ADD symptoms because any a no-show.’’ Id. at 173. Dr. Chambers assume that anybody might divert [controlled substances]’’ and that ‘‘without monitoring them, 35 The patient file for K.W. included copies of explained that the patient had ‘‘been [you are] not applying appropriate controls to make hospital records and of assessments performed by sure [they are] not diverting. . . .’’ Tr. 272. other practitioners. See GX 8, at 4–28, 188–190, 37 According to Dr. Chambers, Respondent should 39 Dr. Chambers further opined that it was outside 208–226. have inquired about narcotic use during the the standard of care for Respondent to issue any 36 The OSC alleged that there were ‘‘at least 57 February 20, 2017, visit when M.G. reported he had controlled substance prescriptions to M.G. after prescriptions’’ issued to K.W. outside the usual missed appointments because of back pain. Tr. 169; receiving the May 27, 2014 report and that it was course of professional practice. OSC, at 5. However, GX 3, at 179. It is also clear that Respondent was outside the standard of care for Respondent to the Government only presented evidence on forty- again notified that M.G. was taking narcotics on receive the report and not act on it; however only two of those prescriptions at the hearing in this October 23, 2017 and August 1, 2018. GX 3, at 161, the prescriptions issued between February 2017 and matter. See GX 4. 171. May 2019 are at issue in this case. Tr. 178, 180.

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to M.G. when he was taking the ‘‘lethal 192; GX 5, at 39–40. According to Dr. 4, 7, 10, 13, 22, 25, 34, 40; RD, at 100. combination’’ of a narcotic, Chambers, ‘‘father having leukemia is In January 2017, Respondent began amphetamine salts, and a terrible, but that is not a diagnosis of prescribing Ativan/lorazepam, a benzodiazepine. Id. at 173–74; RD, at depression’’ and ‘‘there is no clinical benzodiazepine, to F.P. and continued 97. And after M.G. went five months data that would’’ support the depression to prescribe it throughout the relevant without a visit, as Dr. Chambers diagnosis. Tr. 192. Respondent time period in this case. Tr. 192; GX 5, explained, ‘‘all you see in [the] continued to treat F.P. for depression at 1, 4, 7, 10, 13, 22, 25, 34, 40. Dr. assessment is . . . ADD and bipolar throughout the time period relevant to Chambers questioned the rationale for diagnosis and check-marks’’ for billing this case (April 2017 to May 2019). GX the Ativan prescription, ‘‘[F.P.’s] purposes. Tr. 174. He generally 5, at 2–40. Additionally, Dr. Chambers [s]leeping has always been poor . . . so described the medical record for M.G. as explained that on April 27, 2017, ‘‘now now all of the sudden there is Ativan being ‘‘devoid of information.’’ Id. at suddenly [there was] a new psychiatric . . . he’s had insomnia before, why the 175. Dr. Chambers contrasted diagnosis, PTSD, for which there [was] Ativan? . . . there is no adequate data Respondent’s documentation with the not sufficient clinical evidence to or rationale explained.’’ 41 Tr. 192. May 27, 2014 report from Dr. L.G. support that diagnosis.’’ Tr. 200. Dr. Collectively, Dr. Chambers opined that which, according to Dr. Chambers, Chambers noted that F.P.’s files ‘‘there is no rationale’’ for prescribing a provided an example of a ‘‘thorough, demonstrated his father had died, ‘‘but benzodiazepine to a ‘‘child who is also adequate evaluation that has a lot of that is not PTSD.’’ Id. With regard to on amphetamine, and two different information about this patient and is at Respondent’s diagnosing and treatment types.’’ Id. at 194. Moreover, the three the standard of care when you are taking of F.P., Dr. Chambers testified, ‘‘[i]t just controlled substances were prescribed care of people with mental illness.’’ Id. [does not] make any sense. It is like alongside a non-controlled substance, at 176; RD, at 98. chaos.’’ Id. at 202. Prozac. Id. at 195. According to Dr. I find that, the forty-two controlled In further support of his opinion, Dr. Chambers, prescribing Prozac and the substance prescriptions Respondent Chambers testified that Respondent two stimulants to ‘‘a kid with a history issued to M.G. between February 2017 failed to provide sound rationale for the of psychosis’’ could ‘‘provoke and May 2019, were issued outside of controlled substance prescriptions [psychosis].’’ Id. Ultimately Dr. the usual course of professional practice issued to F.P. both individually and as Chambers explained that ‘‘[t]here are and beneath the applicable standard of a group of prescriptions. Id. at 192–201. four meds here . . . [and] [t]hey all care in Louisiana. This is because, based By way of background, the medical could worsen the side effects of the on Dr. Chambers’ credible and records reflect that F.P. first began other. [It is] not good.’’ Id. uncontroverted expert testimony and visiting the practice in 2013 at the age As final support for his opinion that the record as a whole, Respondent did of seven and he was seen by R.V. GX 5, the alleged prescriptions were issued not obtain sufficient information to at 95–99; Tr. 184. At that time, F.P.’s outside of the standard of care, Dr. diagnose, did not have sound rationale mother reported that F.P. experienced Chambers opined that Respondent for the controlled substance auditory and visual hallucinations, so failed to appropriately document F.P.’s prescriptions that were issued, did not R.V. diagnosed him with psychosis and file. Tr. 202. As with the other medical monitor compliance with the prescribed Seroquel, an anti-psychotic records, Dr. Chambers commented on prescription instructions, and failed to medication. GX 5, at 75, 95–99; Tr. 184– the insufficiency of Respondent’s appropriately document any of the 86. Respondent first visited with F.P. on recordkeeping for F.P., which he above in the patient file. See also RD, at describes and ‘‘just some circles and August 12, 2014, and at that time she 99. check-marks.’’ Id. at 191; see also id. at discontinued his Seroquel prescription. 192; RD, at 100. Additionally, he 5. Prescribing to F.P. GX 5, at 74. Dr. Chambers opined that explained that there was ‘‘chaos with it was unwise to discontinue the Between April 2017 and May 2019, who [was] assessing the patient.’’ Tr. Seroquel because ‘‘the history of Respondent issued seventy-two 201. ‘‘[T]here is [a] totally different set psychosis is really clear from before.’’ controlled substance prescriptions to of handwriting, so it looks like there Tr. 187. Beginning in October of 2016, F.P. for mixed amphetamine salts, [were] three or four people seeing the when F.P. was eleven, and continuing Vyvanse, and lorazepam. GX 6 same patient and they [were] not even throughout the relevant time period in (Prescriptions Issued to F.P.); RD, at 99. signing the chart, which is also not an Dr. Chambers testified that each of the this case, Respondent prescribed acceptable standard of care for seventy-two controlled substance Adderall to F.P. GX 5, at 44; GX 6. Dr. documentation.’’ Id. at 201–02. When prescriptions was issued outside the Chambers testified that prescribing asked whether the level of usual course of professional practice ‘‘Adderall, given the psychosis that documentation in F.P.’s record was and without a legitimate medical happened earlier and the fact that [F.P.] ‘‘adequate given the controlled purpose. Tr. 189–90, 192–94, 196–98; is no longer on an antipsychotic, . . . substances that [were] being RD, at 100–01. [was] a mistake’’ and was outside the prescribed,’’ Dr. Chambers said, ‘‘No.’’ In support of his opinion, Dr. standard of care. Id. at 190; RD, at 100. Id. at 202. Chambers found that Respondent’s Dr. Chambers also opined that there was I find that, the seventy-two controlled diagnosis of F.P. with depressive ‘‘no adequate data or rationale substance prescriptions Respondent disorder and post-traumatic stress explain[ing]’’ the prescriptions for two issued to F.P. between April 2017 and disorder (hereinafter, PTSD) lacked different stimulants, Vyvanse and May 2019, were issued outside of the sufficient supporting clinical evidence. Adderall,40 which were prescribed usual course of professional practice Tr. 191–92, 200, 202; RD, at 101. On throughout the relevant time period in and beneath the applicable standard of January 6, 2017, when F.P. was eleven this case. Tr. 192; see also GX 5, at 1, years old, Respondent diagnosed F.P. 41 Dr. Chambers further testified ‘‘there has been with depressive disorder and the 40 When asked how Vyvanse was different from an insomnia diagnosis, but it’s been there without Adderall, Dr. Chambers explained that ‘‘it is the Ativan and it is here now, so nothing has medical records reflected very little amphetamine with a slight variation on the changed in the diagnosis or the clinical data to information—just ‘‘circles and check- molecule and it essentially has the same effects.’’ justify the introduction of a heavy-duty benzo in a marks, . . . father has leukemia.’’ Tr. Tr. 186. child.’’ Tr. 193.

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care in Louisiana. This is because, based symptoms could have been caused by and Adderall 49 created ‘‘a very high-risk on Dr. Chambers’ credible and the Adderall prescription or M.H.’s . . . an unacceptable risk’’ of uncontroverted expert testimony and nicotine use.44 Id. at 214–16, 227; RD, at ‘‘[a]cceleration [or] worsening of mental the record as a whole, Respondent did 75. Finally, Respondent diagnosed M.H. illness, acquisition or worsening of not obtain sufficient information to with tension headaches on February 1, addiction, medical injury, legal diagnose, did not have sound rationale 2017, and maintained that diagnosis consequences and death.’’ Tr. 207; see for the controlled substance throughout the relevant time period in also id. at 208. The record evidence prescriptions that were issued, and this case except for omitting it from the demonstrates that on or about February failed to appropriately document any of patient record on October 26, 2017. GX 2018, M.H. reported to Respondent that the above in the patient file. See also 9, at 11, 16, 19, 22, 25, 28, 30. Dr. she was hospitalized for ‘‘failure to RD, at 100–01. Chambers noted that Respondent just thrive, . . . malnutrition, [being] too ‘‘check-mark[ed] the tension headache weak to walk.’’ Id. at 229; see also GX 6. Prescribing to M.H.42 diagnosis,’’ without an examination or 9, at 12; RD, at 76. Dr. Chambers Between May 2017 and April 2018, work-up, Tr. 221, and that again, the testified that ‘‘something [was] not right, Respondent issued forty-three 43 Adderall could have been the cause of and in this collapse [Respondent had] a controlled substance prescriptions to the headaches.45 Id. at 222; RD, at 102. patient who [was] being prescribed M.H. for mixed amphetamine salts, In further support of his opinion, Dr. every class of addictive drug and acetaminophen with codeine, Chambers testified that Respondent multiple addictive drugs and dangerous clonazepam, and zolpidem tartrate. GX failed to provide sound rationale for the drugs within each class, a whole 10 (Prescriptions Issued to M.H.); RD, at controlled substance prescriptions laundry list of controlled drugs, so it is 101. Dr. Chambers testified that each of issued to M.H. See, e.g., Tr. 207, 209– not a surprise.’’ Tr. 229. Dr. Chambers the forty-three prescriptions was issued 16, 218, 220, 223, 227–30, 235. Dr. concluded that the prescriptions outside the usual course of professional Chambers explained that Respondent’s Respondent issued to M.H. were not practice and without a legitimate prescribing to M.H. showed ‘‘dose only lacking justification, but were medical purpose. Tr. 207–08, 218, 235– escalation over time without clear likely ‘‘contributing to [her] 36. justification or diagnostic deterioration.’’ 50 In support of his opinion, Dr. rationale.’’ 46 Id. at 216; RD, at 102. In addition to not having sound Chambers questioned Respondent’s Additionally, Dr. Chambers explained, rationale for prescribing, Dr. Chambers diagnosis of M.H. Id. at 209, 213, 216; that with regard to Klonopin, Ambien, noted that Respondent did not RD, at 104. The medical records reflect and Butalbital,47 ‘‘just those three appropriately monitor M.H.’s use of the that M.H. had been a patient of R.V.’s [prescriptions] alone could be . . . controlled substances that she was at the practice since 2009. GX 9, at 249. lethal.’’ Tr. 207; RD, at 101. Dr. prescribed. Id. at 204, 211, 214–15, 219, On June 10, 2016, according to the Chambers testified that those three 227–28, 230. Respondent did not medical records, Respondent began prescriptions combined with codeine 48 monitor to ensure an appropriate treating Respondent and adopted R.V.’s outcome; according to Dr. Chambers, ‘‘if earlier diagnoses of depressive disorder, 44 Dr. Chambers testified that ‘‘there [were] all someone is on . . . that load of benzos ADD, and insomnia. GX 9, at 44–45, 47. kinds of reasons the anxiety could be there that and they are still anxious, you’ve got to While Respondent maintained the ADD [had] nothing to do with a generalized anxiety disorder,’’ and where ‘‘there [was] a constant march think that the treatment doesn’t work.’’ and insomnia diagnoses for M.H. in dose escalation of the benzo[s],’’ and ‘‘[M.H.] Id. at 227. Additionally, Dr. Chambers through the relevant time period in this [was] still anxious, [you have] got to think that the noted several indicators that M.H. had case, her diagnosis of M.H. with treatment [does not] work.’’ Tr. 227. addiction disorder and vulnerability to depressive disorder was intermittently 45 Dr. Chambers also explained that M.H. could have been diverting her medication and then ‘‘going multiple addictions. Id. at 215–16; RD, left off of the patient records (id. at 11, into withdrawal from benzos and developing at 101–02. First, Dr. Chambers testified 16, 19, 22, 34, 37, 40) and on (id. at 25, headaches from that.’’ Tr. 222. Though it is clear that according to the Louisiana 28, 30, 44) including during the relevant that Dr. Chambers is speaking hypothetically when Prescription Drug Monitoring Report,51 time period in this case. Dr. Chambers he discusses the potential causes for the anxiety symptoms or tension headaches, his point is that M.H. received suboxone, which is questioned Respondent’s diagnosis of Respondent failed to perform an appropriate usually used to treat opioid addiction, M.H. with depressive disorder, ADD, assessment to make these diagnoses. See, e.g., id. at from another provider, Tr. 205, 208; and insomnia because ‘‘depression 214–16, 222. I agree. second, she smoked a pack of cigarettes alone, all by itself, could account for 46 Dr. Chambers specifically noted the lack of rationale for dosing increases of Ambien, Tr. 212; attention deficit and insomnia.’’ Tr. 209. the addition of and then the doubling and tripling 49 Regarding the Adderall prescription, Dr. Additionally, Respondent added a of Klonopin, Tr. 213, 220, 223; dosing increases of Chambers explained that Respondent prescribed diagnosis of anxiety on October 16, Adderall, Tr. 217–18; and the addition of butalbital, M.H. 60 and then 80 milligrams a day when the Tr. 220, 223. FDA guidelines recommend a maximum daily dose 2016, and maintained that diagnosis of 40 milligrams. Tr. 209–10. Though, Dr. Chambers throughout the relevant time period in 47 While issuing to M.H. controlled substance prescriptions for Klonopin and Ambien, explained, there are circumstances when the this case. GX 9, at 11, 16, 19, 22, 25, 28, Respondent also issued prescriptions for Fioricet, recommended maximum dose can be exceeded, 30, 34, 37. Dr. Chambers opined that which contains butalbital. See, e.g., GX 9, at 21. The none of those circumstances are present here. Id. at there was no clear ‘‘basis for an anxiety Fioricet/butalbital prescriptions are not at issue in 210. One example of when the dosage could be higher, according to Dr. Chambers, is when there diagnosis’’ in the record, Tr. 213, and this case and are only discussed herein as necessary to understand Dr. Chamber’s opinion that the are no other controlled substances prescribed and that it is possible that any anxiety controlled substances at issue in this case were the patient is not responding to the medication due prescribed beneath the standard of care. to something like high body weight (M.H. weighed 42 M.H. (which appears to be her unmarried 48 Regarding the prescribed codeine, Dr. only 92 pounds). Id. at 210. name) is also referred to as M.G. (which appears to Chambers explained that the Louisiana Prescription 50 As examples, Dr. Chambers explained that be her married name) throughout the patient Monitoring Program shows that M.H. had been benzos can contribute to pneumonia because the records. See, e.g., Tr. 75, 166, 168. prescribed Suboxone by another provider, which in patient would not be inhaling or breathing as 43 The OSC alleged that there were ‘‘at least 54 his opinion, could indicate an opiate addiction. Tr. rapidly and not aerating the lungs the same way, prescriptions’’ issued to M.H. outside the usual 208. According to Dr. Chambers, ‘‘if someone is and opioids suppress the cough reflex which is course of professional practice. OSC, at 9. However, treating opiate addiction with an opiate that is necessary to get rid of bacteria. Tr. 229–30. the Government only presented evidence on forty- approved for opiate addiction, [and] you . . . are 51 Copies of two Louisiana Prescription Drug three of those prescriptions at the hearing in this prescribing an opiate on top of that, you are directly Monitoring Reports were contained in Respondent’s matter. See GX 10. fueling the disease.’’ Id. at 208. patient file for M.H. at GX 9, at 9, and 93–98.

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a day which is indicative of a nicotine 223. Moreover, with regard to the title inconsistent with the public addiction, id. at 215; and third, M.H. prescriptions issued to M.H. after interest as determined by such section.’’ received dose escalations of addictive Respondent discharged her from care, 21 U.S.C. 824(a)(4). In the case of a drugs over time, which is indicative of Dr. Chambers explained that there was ‘‘practitioner,’’ defined in 21 U.S.C. drug addiction, id. at 216, 222. Yet, as no ‘‘charting that goes along with [those 802(21) to include a ‘‘physician,’’ Dr. Chambers testified, there was no prescriptions].’’ 53 Id. at 235; see also RD, Congress directed the Attorney General drug-screening of this patient.52 Id. at at 104. to consider the following factors in 211. Ultimately, on March 28, 2018, I find that, the forty-three controlled making the public interest M.H. was ‘‘discharged from substance prescriptions Respondent determination: issued to M.H. between May 2017 and [Respondent’s] care.’’ GX 9, at 1; RD, at (1) The recommendation of the appropriate 104. While the discharge letter did not April 2018, were issued outside of the State licensing board or professional state the reason for the discharge, a note usual course of professional practice disciplinary authority. in the medical records for M.H. with a and beneath the applicable standard of (2) The applicant’s experience in March 28, 2018, date indicated that care in Louisiana. This is because, based dispensing . . . controlled substances. M.H. was ‘‘noncompliant w[ith] on Dr. Chambers’ credible and (3) The applicant’s conviction record under medications’’ and that it was her uncontroverted expert testimony and Federal or State laws relating to the . . . ‘‘[second] time calling about her Fioricet the record as a whole, Respondent did distribution[ ] or dispensing of controlled [and] Tylenol.’’ GX 9, at 1–2. Even after not obtain sufficient information to substances. (4) Compliance with applicable State, M.H. was discharged as a patient, diagnose, did not have sound rationale Federal, or local laws relating to controlled Respondent wrote M.H. prescriptions for the controlled substance substances. for a two-month supply of Klonopin and prescriptions that were issued, did not (5) Such other conduct which may threaten Ambien. GX 9, at 2; RD, at 104. Dr. monitor compliance with the the public health and safety. prescription instructions, and failed to Chambers testified that ‘‘it appears that 21 U.S.C. 823(f). These factors are appropriately document any of the after firing the patient[,] she prescribed considered in the disjunctive. Robert A. above in the patient file. See also RD, at the patient more benzoids,’’ and they Leslie, M.D., 68 FR 15,227, 15,230 104. were ‘‘prescribed without any link to a (2003). provider or any supervision or 7. Summary of Fact Findings Relevant According to Agency decisions, I appointments.’’ Tr. 235. Moreover, to All Patients ‘‘may rely on any one or a combination when asked whether the professional of factors and may give each factor the standard required a prescriber to drop a In accordance with Dr. Chambers’ weight [I] deem[ ] appropriate in patient who was addicted, Dr. Chambers testimony and the record as a whole, determining whether’’ to revoke a stated, ‘‘No.’’ Id. at 273–74. He said and in agreement with the ALJ, I find registration. Id.; see also Jones Total ‘‘dropping them would be abandoning a that, for each of the two-hundred and Health Care Pharmacy, LLC v. Drug sick person.... [it is] a failure of three prescriptions at issue, Respondent Enf’t Admin., 881 F.3d 823, 830 (11th appropriate care for the patient.’’ Id. at did not obtain sufficient information to Cir. 2018) (citing Akhtar-Zaidi v. Drug 274. Instead, Dr. Chambers testified, a diagnose, did not have sound rationale Enf’t Admin., 841 F.3d 707, 711 (6th Cir. prescriber should expand treatment to for the prescriptions that were issued, 2016); MacKay v. Drug Enf’t Admin., ‘‘include addiction treatment,’’ and did not monitor compliance with the 664 F.3d 808, 816 (10th Cir. 2011); ‘‘make adjustments in [the] practice to controlled substance prescriptions, and/ Volkman v. U.S. Drug Enf’t Admin., 567 stop the diversion but hold on to the or did not appropriately document the F.3d 215, 222 (6th Cir. 2009); Hoxie v. patient.’’ Id. file. See RD, at 105. Ultimately, I find As final support for his opinion that that there is substantial evidence on the Drug Enf’t Admin., 419 F.3d 477, 482 the alleged prescriptions were issued record that Respondent issued two- (6th Cir. 2005). Moreover, while I am outside of the standard of care, Dr. hundred and three prescriptions required to consider each of the factors, Chambers opined that Respondent without a legitimate medical purpose, I ‘‘need not make explicit findings as to failed to appropriately document M.H.’s outside of the usual course of each one.’’ MacKay, 664 F.3d at 816 file. Id. at 212–14, 221, 223, 225, 228, professional practice and beneath the (quoting Volkman, 567 F.3d at 222); see 235. As with the other medical records, applicable standard of care in Louisiana. also Hoxie, 419 F.3d at 482. ‘‘In short, . . . the Agency is not required to Dr. Chambers commented on the III. Discussion insufficiency of Respondent’s mechanically count up the factors and recordkeeping for M.H., which he again A. Allegation That Respondent’s determine how many favor the described as ‘‘check-marks and circles.’’ Registration Is Inconsistent With the Government and how many favor the Id. at 212; see also id. at 213, 221. Public Interest registrant. Rather, it is an inquiry which Additionally, Dr. Chambers again Under Section 304 of the Controlled focuses on protecting the public explained that there was insufficient Substances Act, ‘‘[a] registration . . . to interest; what matters is the seriousness documentation indicating who was . . . dispense a controlled substance of the registrant’s misconduct.’’ Jayam seeing the patient, because while . . . may be suspended or revoked by Krishna-Iyer, M.D., 74 FR 459, 462 Respondent’s handwriting and signature the Attorney General upon a finding (2009). Accordingly, as the Tenth appeared on the records, there was also that the registrant . . . has committed Circuit has recognized, findings under a unknown handwriting with no such acts as would render his single factor can support the revocation corresponding signature. Id. at 223, 228; registration under section 823 of this of a registration. MacKay, 664 F.3d at RD, at 103. Dr. Chambers testified that 821. In a likely attempt to argue that her ‘‘part of what is complicating the 53 Dr. Chamber’s exact testimony referred to ‘‘that continued registration was consistent picture is again more unknown writers prescription’’ in the singular. Tr. 235. I have edited the quote because it is clear from the context of the with the public interest, Respondent and evaluators entering the chart.’’ Tr. testimony that when Dr. Chambers refers to ‘‘that stated that her practice occurred in a prescription’’ he is referencing GX 9, p. 3 which is 52 Dr. Chambers also testified that drug-screening a copy of one page of a prescription pad upon ‘‘Health Care Shortage Area, with very was necessary to rule out diversion in light of the which two prescriptions for controlled substances few providers accepting underserved high doses of Adderall given. Tr. 210–11 were written. Tr. 235; GX 9, at 3. populations,’’ and that her practice

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managed a case load of 9,500 patients is confined to Factors Two and Four. I course of . . . professional practice’’ during the 2017–2018 period at issue in find that the evidence satisfies the and to issue a prescription for a this case. Resp Posthearing, at 1. Even Government’s prima facie burden of ‘‘legitimate medical purpose.’’ Ralph J. assuming the truth of all of these alleged showing that Respondent’s continued Chambers, 79 FR 4962 at 4970 (2014) ‘‘facts’’ that are not in evidence, registration would be ‘‘inconsistent with (citing Paul H. Volkman, 73 FR 30,629, community impact evidence is generally the public interest.’’ 21 U.S.C. 824(a)(4). 30,642 (2008), pet. for rev. denied considered to be irrelevant to DEA I further find that Respondent failed to Volkman v. Drug Enf’t Admin., 567 F.3d revocation proceedings. See, e.g., Frank produce sufficient evidence to rebut the 215, 223–24 (6th Cir. 2009)); see also Joseph Stirlacci, M.D., 85 FR 45,229, Government’s prima facie case. U.S. v. Moore, 423 U.S. 122, 142–43 (1975) (noting that evidence established 45,239 (2020) (declining to consider 1. Factors Two and Four—the that the physician exceeded the bounds Respondent’s argument that his Respondent’s Experience in Dispensing of professional practice, when ‘‘he gave revocation ‘‘would deprive the low- Controlled Substances and Compliance inadequate physical examinations or income and homeless patients . . . of With Applicable Laws Related to none at all,’’ ‘‘ignored the results of the his medical services’’); Mark De La Controlled Substances Lama, P.A., 76 FR 20,011, 20,020 n.20 tests he did make,’’ and ‘‘took no (2011) (declining to consider a (a) Allegation That Respondent Issued precautions against . . . misuse and registrant’s service to underserved and Prescriptions for Controlled Substances diversion’’). The CSA, however, underinsured persons). Outside the Usual Course of the generally looks to state law to determine Respondent also argued that ‘‘the Professional Practice in Violation of whether a doctor and patient have [G]overnment failed to produce Both Federal and State Law established a legitimate doctor-patient evidence of actual abuse or diversion According to the CSA’s implementing relationship. Volkman, 73 FR 30,642. [for] the 750,000 doses/year [prescribed] regulations, a lawful controlled Based on the credible expert . . . by way of arrest records, law substance order or prescription is one testimony on the record, I found above enforcement testimony, or drug that is ‘‘issued for a legitimate medical that the standard of care for prescribing rehabilitation admissions of patients.’’ 54 purpose by an individual practitioner controlled substances in Louisiana Resp Posthearing, at 3. Respondent does acting in the usual course of his requires the following: (1) An not, however, cite legal authority for the professional practice.’’ 21 CFR appropriate assessment and evaluation proposition that I must find that 1306.04(a).56 The Supreme Court has to make a diagnosis; (2) sound rationale patients became addicted or drugs were stated, in the context of the CSA’s for prescribing controlled substances sold before I can find that continued requirement that schedule II controlled related to that diagnosis; (3) ongoing registration is inconsistent with the substances may be dispensed only by monitoring to ensure that the desired public interest. Agency decisions have written prescription, that ‘‘the outcome is achieved and undesirable found that ‘‘diversion occurs whenever prescription requirement . . . ensures side effects are not experienced; and (4) controlled substances leave ‘the closed patients use controlled substances appropriate documentation. See supra system of distribution established by the under the supervision of a doctor so as II.E. Based on the credible expert CSA....’’’ Id. (citing Roy S. Schwartz, to prevent addiction and recreational testimony on the record, I also found 79 FR 34,360, 34,363 (2014)). See also, abuse . . . [and] also bars doctors from above that each of the two-hundred and Jeanne E. Germeil, M.D., 85 FR 73,786, peddling to patients who crave the three prescriptions at issue in 73,799 (rejecting Respondent’s argument drugs for those prohibited uses.’’ Respondent’s case were issued without an appropriate assessment to diagnose, that ‘‘no reported overdoses or deaths’’ Gonzales v. Oregon, 546 U.S. 243, 274 sound rationale for prescribing, was indicative of positive dispensing (2006). adequate monitoring, and/or experience). Under the CSA, it is fundamental that appropriate documentation. See supra DEA regulations state, ‘‘[a]t any a practitioner must establish and II.F.7. Accordingly, I found that hearing for the revocation . . . of a maintain a legitimate doctor-patient Respondent dispensed controlled registration, the . . . [Government] shall relationship in order to act ‘‘in the usual substances beneath the applicable have the burden of proving that the standard of care and outside of the usual requirements for such revocation . . . consistent with the public interest.’’ Roni Dreszer, M.D., 76 FR 19,434, 19,444 (2011). course of the professional practice in pursuant to . . . 21 U.S.C. [§ ] 824(a) As to Factor Three, there is no evidence in the Louisiana. See supra II.F.7. I find that in . . . are satisfied.’’ 21 CFR 1301.44(e). record that Respondent has a ‘‘conviction record issuing two-hundred and three under Federal or State laws relating to the In this matter, while I have considered prescriptions beneath the applicable all of the factors,55 the relevant evidence manufacture, distribution, or dispensing of controlled substances.’’ 21 U.S.C. 823(f)(3). standard of care and outside the usual However, as Agency cases have noted, there are a course of professional practice in 54 Respondent also argued that the Government number of reasons why even a person who has Louisiana, Respondent violated 21 CFR has only alleged CSA violations related to ‘‘0.052% engaged in criminal misconduct may never have of patients.’’ Resp Posthearing, at 1. Assuming the been convicted of an offense under this factor, let 1306.04(a). Similarly, I find that truth of these facts not in evidence, the Agency alone prosecuted for one. Dewey C. MacKay, M.D., Respondent violated La. Admin. Code already assumes that all of the prescriptions 75 FR 49,956, 49,973 (2010). Agency cases have tit. 46, Pt. LIII, § 2745(B)(1) by issuing Respondent issued were issued lawfully, except for therefore held that ‘‘the absence of such a two-hundred and three prescriptions those prescriptions that the Government alleged conviction is of considerably less consequence in and established were issued unlawfully. See Wesley the public interest inquiry’’ and is therefore not without a legitimate medical purpose Pope, M.D., 82 FR 14,944, 14,982–84 (2017). dispositive. Id. and outside the usual course of 55 As to Factor One, there is no evidence in the 56 Similarly, La. Admin. Code tit. 46, Pt. LIII, professional practice. record of any recommendation from Respondent’s § 2745(B)(1) (2021) (last amended July 2016) states Respondent, however, appears to have state licensing board or professional disciplinary that ‘‘[a] prescription for a controlled substance argued and believed that her actions authority. 21 U.S.C. 823(f)(1). State authority to shall be issued for a legitimate medical purpose by practice medicine is ‘‘a necessary, but not a an individual practitioner acting in the usual course were permissible and were supported by sufficient condition for registration. . . .’’ Robert of [her] professional practice.’’ Additionally, La. scientific evidence. Resp Posthearing, at A. Leslie, M.D., 68 FR at 15,230. Therefore, ‘‘[t]he Admin. Code tit. 46, Pt. XLVII, § 4513(D)(2)(b)(xi) 5–8. I have already rejected these fact that the record contains no evidence of a states that ‘‘no APRN shall prescribe any controlled arguments because they were based recommendation by a state licensing board does not substance or other drug having addiction-forming or weigh for or against a determination as to whether addiction sustaining liability without a good faith solely on facts that were not in continuation of Respondent’s DEA certification is . . . medical indication.’’ evidence. Supra II.C. However, even if

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Respondent believed the controlled established a medical indication prior to applicable standard of care in Louisiana substance prescriptions she issued were prescribing the controlled substances, and in violation of state law. I, therefore, issued within the usual course of her failure to document appropriately is have concluded that Respondent professional practice, DEA has found an independent violation of Louisiana engaged in misconduct which supports that ‘‘just because misconduct is law. Under Louisiana law, ‘‘[a]n APRN the revocation of her registration. See unintentional, innocent, or devoid of who prescribes a controlled substance Wesley Pope, 82 FR 14,944, 14,985 improper motive, [it] does not preclude shall maintain a complete record of the (2017). revocation or denial. Careless or examination, evaluation and treatment For purposes of the imminent danger negligent handling of controlled of the patient which must include inquiry, my findings also lead to the substances creates the opportunity for documentation of the diagnosis and conclusion that Respondent has diversion and [can] justify the reason for prescribing controlled ‘‘fail[ed] . . . to maintain effective revocation of an existing substances.’’ La. Admin. Code tit. 46, Pt. controls against diversion or otherwise registration. . . .’’ Bobby D. Reynolds, XLVII, § 4513(D)(4)(a) (2019). Dr. comply with the obligations of a N.P., Tina L. Killebrew, N.P., & David R. Chambers repeatedly testified regarding registrant’’ under the CSA. 21 U.S.C. Stout, N.P., 80 FR 28,643, 28662 (2015) the deficiencies in Respondent’s 824(d)(2). The uncontroverted, (quoting Paul J. Caragine, Jr., 63 FR documentation and explained that there substantial evidence that Respondent 51,592, 51,601 (1998). was no documentation of Respondent’s repeatedly issued prescriptions without reasons for prescribing the controlled having a sound rationale or legitimate (b) Allegation That Respondent Violated substances at issue. Tr. 213–14, 335. medical purpose for doing so establishes State Law Specifically, Dr. Chambers described ‘‘a substantial likelihood of an I have found that Respondent issued Respondent’s documentation as ‘‘a immediate threat that death, serious prescriptions for controlled substances fac¸ade,’’ id. at 92; ‘‘check-marks’’ with bodily harm, or abuse of a controlled without a ‘‘legitimate medical purpose’’ ‘‘no conversation . . . about what just substance . . . [would] occur in the and outside of ‘‘the usual course of [her] happened,’’ id. at 161; and ‘‘superficial absence of the immediate suspension’’ professional practice’’ in violation of La. [and] not credible,’’ id. at 258. See also of Respondent’s registration. Id.; see Admin. Code tit. 46, Pt. LIII, id. at 174, 192, 212, 221. For these also Tr. 79, 115 (testimony of Dr. § 2745(B)(1) for the same reasons that I reasons, I find that Respondent violated Chambers that Respondent was found she violated 21 CFR 1306.04(a). La. Admin. Code tit. 46, Pt. XLVII, prescribing a ‘‘whole host of high- La. Admin. Code tit. 46, Pt. LIII, § 4513(D)(4)(a) by failing to ‘‘maintain a volume addictive drugs’’ which could § 2745(B)(1). I also find that the record complete record of the examination, have a ‘‘deadly outcome’’); 143, 171 contains substantial evidence that evaluation and treatment of the patient (testimony of Dr. Chambers that ‘‘the Respondent’s actions violated La. . . . includ[ing] . . . [the] reason for combination of a benzo and opiate is an Admin. Code tit. 46, Pt. XLVII, prescribing controlled substances. imminently lethal combo’’), 207, 228, § 4513(D), which addresses the For all these reasons, I find that the 272. prescriptive authority of advanced record contains substantial evidence Not only was Respondent prescribing practice registered nurses in Louisiana. that Respondent violated La. Admin. highly addictive drugs with a Under that section, ‘‘no APRN shall Code tit. 46, Pt. LIII, § 2745(B)(1), and potentially ‘‘deadly outcome’’ without a prescribe any controlled substance or La. Admin. Code tit. 46, Pt. XLVII, legitimate medical purpose for so doing, other drug having addiction-forming or § 4513(D). but she was prescribing combinations of addiction-sustaining liability without a In total, I find that the record contains controlled substances known to be good faith prior examination and substantial evidence that Respondent ‘‘imminently lethal.’’ Id. at 115, 171; see medical indication.’’ Id. at issued two-hundred and three also supra IV (providing examples of § 4513(D)(2)(b)(ix) (2019). Dr. Chambers controlled substance prescriptions egregious misconduct by Respondent testified repeatedly about Respondent’s without a legitimate medical purpose which had a substantial likelihood of failure to perform an appropriate and outside of the usual course of causing serious bodily harm or leading assessment to make a diagnosis prior to professional practice and beneath the to abuse of a controlled substance). prescribing controlled substances, and applicable standard of care in Louisiana Thus, as I have found above, at the testified to instances where ‘‘the in violation of 21 CFR 1306.04(a), La. time the Government issued the OSC/ evidence [was] overwhelming that the Admin. Code tit. 46, Pt. LIII, ISO, the Government had clear evidence diagnostic indication [was not] right.’’ § 2745(B)(1), and La. Admin. Code tit. of violations of law based on the two- Tr. 129. See also id. at 88–92, 97, 166, 46, Pt. XLVII, § 4513(D). As Respondent hundred and three controlled substance 191–93, 200, 202, 209, 213, 216. Dr. issued these prescriptions without prescriptions Respondent issued Chambers also testified that the complying with her obligations under without obtaining sufficient information controlled substances prescribed by the CSA and Louisiana law, I find that to diagnose, having sound rationale to Respondent were often contraindicated. Factors Two and Four weigh in favor of prescribe, monitoring compliance with Id. at 115, 141, 170, 221, 270. revocation. See George Mathew, M.D., the controlled substance prescriptions, Repeatedly, Dr. Chambers testified that 75 FR 66,138, 66,148 (2010)). Overall, I and appropriately documenting the file. ‘‘[there is] no legitimate medical find that the Government has See supra III.A.1.a. indication’’ for ‘‘prescribing . . . a established a prima facie case that IV. Sanction cocktail of an upper and downer.’’ Id. at Respondent’s continued registration is 132; see also id. at 133, 146, 170, 198. inconsistent with the public interest. Where, as here, the Government has For these reasons, I find that met its prima facie burden of showing Respondent violated La. Admin. Code B. Summary of Factors Two and Four that Respondent’s continued registration tit. 46, Pt. XLVII, § 4513(D)(2)(b)(ix) by and Imminent Danger is inconsistent with the public interest, prescribing controlled substances As found above, there is substantial the burden shifts to the Respondent to without a good faith prior examination record evidence that Respondent issued show why she can be entrusted with a and medical indication. controlled substance prescriptions registration. Garrett Howard Smith, Moreover, even if Respondent had outside the usual course of the M.D., 83 FR 18,882, 18,910 (2018) conducted a good faith examination and professional practice and beneath the (collecting cases). Respondent has made

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no effort to establish that she can be matter.’’ RD, at 118. Respondent has misconduct which are significant factors trusted with a registration. maintained throughout these in determining the appropriate sanction. The CSA authorizes the Attorney proceedings that she believes that her Garrett Howard Smith, M.D., 83 FR at General to ‘‘promulgate and enforce any prescribing to the five individuals in 18,910 (collecting cases). Here, the ALJ rules, regulations, and procedures question, was proper. See RD, at 117; found, and I agree, that the evidence which he may deem necessary and supra II.C. Respondent did admit that suggests that Respondent’s violations appropriate for the efficient execution of she ‘‘agree[d] that the documentation ‘‘were egregious.’’ RD, at 105. his functions under this subchapter.’’ 21 [was] lacking,’’ but she seemed to Respondent prescribed controlled U.S.C. 871(b). This authority minimize her inadequate substances to three year old F.A. that specifically relates ‘‘to ‘registration’ and documentation when she stated that were ‘‘beyond the dose range . . . for a ‘control,’ and ‘for the efficient execution ‘‘[e]very spoken word that a patient says child of [F.A.’s] age and size,’’ Tr. 103, of his functions’ under the statute.’’ in a visit, as well as every thought that to treat ADD when ‘‘it [was] not at all Gonzales v. Oregon, 546 U.S. 243, 259 crosses a clinician’s mind in making a clear to [Dr. Chambers] that [F.A.] . . . (2006). A clear purpose of this authority decision, cannot possibly be written [had] ADD.’’ Id. at 92; see also supra is to ‘‘bar[§ ] doctors from using their down on paper.’’ 57 Tr. 22. Respondent II.F.2. Respondent prescribed addictive prescription-writing powers as a means also stated in her opening statements, medications to F.P. at age eleven when to engage in illicit drug dealing and that she ‘‘suspect[ed] that the reason ‘‘the brain is especially vulnerable to trafficking.’’ Id. at 270. that we’re really here is because of a addiction.’’ Id. at 195; see also id. at In efficiently executing the revocation pattern of behaviors by the previous 120. Respondent prescribed and suspension authority delegated to owner of the practice . . . [who was] benzodiazepines to K.W. (who already me under the CSA for the also [her] ex-husband.’’ Tr. 21. had a history of blackouts, violence, and aforementioned purposes, I review the Specifically, she suggested that her ex- evidence and arguments Respondent arrests while on benzodiazepines, supra husband had maliciously reported her II.F.3.) that sent K.W. into ‘‘a rage,’’ submitted to determine whether or not actions to various places ‘‘hoping that caused her to attempt suicide, and she has presented ‘‘sufficient mitigating [she] would lose [her] license.’’ Id. The necessitated her being placed in evidence to assure the Administrator limited evidence presented by emergency detention and hospitalized. that [s]he can be trusted with the Respondent and her failure to testify GX 7, at 29. Respondent prescribed responsibility carried by such a substantively demonstrate a complete ‘‘every class of addictive drug and registration.’’ Samuel S. Jackson, D.D.S., unwillingness to accept responsibility multiple addictive drugs,’’ to M.H., 72 FR 23,848, 23,853 (2007) (quoting for her actions or to appreciate the which Dr. Chambers stated likely Leo R. Miller, M.D., 53 FR 21,931, seriousness of her misconduct. 21,932 (1988)). ‘‘‘Moreover, because In all, Respondent failed to explain ‘‘contribut[ed] to [her] deterioration’’ ‘‘past performance is the best predictor why, in spite of her misconduct, she can and hospitalization. Tr. 229; see also of future performance,’’ ALRA Labs, Inc. be entrusted with a registration. ‘‘The supra II.F.6. Respondent prescribed v. DEA, 54 F.3d 450, 452 (7th Cir. 1995), degree of acceptance of responsibility both ‘‘uppers and downers’’ to K.W., [the Agency] has repeatedly held that that is required does not hinge on the M.G., F.P., and M.H., the combination of where a registrant has committed acts respondent uttering ‘magic words’ of which Dr. Chambers testified is often inconsistent with the public interest, the repentance, but rather on whether the used for ‘‘illicit substance use,’’ and registrant must accept responsibility for respondent has credibly and candidly ‘‘can create a bipolar pattern of [the registrant’s] actions and demonstrated that [s]he will not repeat symptoms in someone who [does not] demonstrate that [registrant] will not the same behavior and endanger the even have bipolar, but if they do have engage in future misconduct.’ ’’ Jayam public in a manner that instills bipolar it could make it worse.’’ Tr. 146. Krishna-Iyer, 74 FR 459, 463 (2009) confidence in the Administrator.’’ Indeed, Respondent’s found (quoting Medicine Shoppe, 73 FR 364, Jeffrey Stein, M.D., 84 FR 46968, 49973. violations go to the heart of the CSA by 387 (2008)); see also Jackson, 72 FR at Even if I were to consider her not complying with the closed 23,853; John H. Kennnedy, M.D., 71 FR remedial measures, in spite of her regulatory system devised to ‘‘prevent 35,705, 35,709 (2006); Prince George complete lack of acceptance of the diversion of drugs from legitimate to Daniels, D.D.S., 60 FR 62,884, 62,887 responsibility,58 Respondent’s illicit channels.’’ Gonzales v. Raich, 545 (1995). statements that she adjusted her forms U.S. 1, 13–14, 27 (2005). The issue of trust is necessarily a fact- following an insurance company’s In sanction determinations, the dependent determination based on the review of her records for quality circumstances presented by the Agency has historically considered its compliance is nonetheless insufficient interest in deterring similar acts, both individual respondent; therefore, the to ensure me that her documentation Agency looks at factors, such as the with respect to the respondent in a deficiencies will not be repeated in the particular case and the community of acceptance of responsibility and the future. Tr. 22; 332 (Dr. Chambers credibility of that acceptance as it registrants. See Joseph Gaudio, M.D., 74 testified that ‘‘at the end of the day, [it FR 10,083, 10,095 (2009); Singh, 81 FR relates to the probability of repeat is] not the form, [it is] what goes in it’’ violations or behavior and the nature of at 8248. I find that considerations of that matters, and that he cannot tell both specific and general deterrence the misconduct that forms the basis for from Respondent’s blank forms how she sanction, while also considering the weigh in favor of revocation in this case. would ‘‘change [her] practice mode.’’). There is simply no evidence that Agency’s interest in deterring similar The Agency also looks to the Respondent’s egregious behavior is not acts. See Arvinder Singh, M.D., 81 FR egregiousness and extent of the 8247, 8248 (2016). likely to recur in the future such that I can entrust her with a CSA registration; Here, Respondent has presented no 57 Obviously, capturing ‘‘every spoken word’’ and evidence on the record that I could ‘‘every thought that crosses a clinician’s mind’’ is in other words, the factors weigh in consider as accepting responsibility and not the documentation standard of care to which favor of revocation as a sanction. Respondent has been held in this matter. See supra I agree with the ALJ’s finding that ‘‘the II.E; Tr. 335. I will therefore order that Respondent has failed to unequivocally 58 See Jones Total Health Care Pharmacy, L.L.C., Respondent’s registration be revoked as accept any responsibility in this 81 FR 79,202–03. contained in the Order below.

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Order Recommended Rulings, Findings of 3. Based on the Respondent’s Fact, Conclusions of Law, and Decision conviction, the U.S. Department of Pursuant to 28 CFR 0.100(b) and the of the Administrative Law Judge Health and authority vested in me by 21 U.S.C. The Assistant Administrator, Human Services, Office of Inspector 824(a), I hereby revoke DEA Certificate Diversion Control Division, Drug General (‘‘HHS/OIG’’), by letter dated of Registration No. MV3148257 issued Enforcement Administration (DEA), July 31, 2018, mandatorily excluded the to Melanie Baker, N.P., and deny any issued an Order to Show Cause (OSC),1 Respondent from participation in pending applications for renewal or dated February 26, 2019, seeking to Medicare, Medicaid, and all federal modification of that registration. This revoke the Respondent’s Certificate of health care programs for a minimum Order is effective June 4, 2021. Registration (COR), number period of five years pursuant to 42 U.S.C. 1320a–7(a), effective August 20, D. Christopher Evans, BM9434440, pursuant to 21 U.S.C. 824(a)(5), and deny any applications for 2018. Notwithstanding the fact that the Acting Administrator. renewal or modification of such underlying conduct for which the [FR Doc. 2021–09463 Filed 5–4–21; 8:45 am] registration and any applications for any Respondent was convicted had no BILLING CODE 4410–09–P other DEA registrations pursuant to 21 nexus to controlled substances, U.S.C. 824(a)(5), because the mandatory exclusion from Medicare, Respondent has been excluded from Medicaid, and all federal health care DEPARTMENT OF JUSTICE participation in a program pursuant to programs by HHS/OIG warrants section 1320a–7(a) of Title 42. The revocation of the Respondent’s Drug Enforcement Administration Respondent requested a hearing on registration pursuant to 21 U.S.C. March 13, 2019,2 and prehearing 824(a)(5). Michele L. Martinho, M.D.; Decision 3 proceedings were initiated. A hearing The Hearing and Order was conducted in this matter on October 3, 2019, at the DEA Hearing Facility in Government’s Opening Statement On December 4, 2019, the Drug Arlington, Virginia. In the Government’s Opening Enforcement Administration The issue ultimately to be adjudicated (hereinafter, DEA or Government) Statement, the Government indicated by the Acting Administrator, with the that revocation is sought for the Administrative Law Judge Mark M. assistance of this recommended Respondent’s COR involving Schedules Dowd (hereinafter, ALJ), issued a decision, is whether the record as a II through V, pursuant to 21 U.S.C. Recommended Rulings, Findings of whole establishes by a preponderance of 824(a)(5). Tr. 10. The facts in this matter Fact, Conclusions of Law, and Decision the evidence that the Respondent’s are undisputed and have been of the Administrative Law Judge subject registration with the DEA should stipulated to by the parties. Id. The (hereinafter, RD) on the action to revoke be revoked pursuant to 21 U.S.C. Respondent was found guilty in U.S. the DEA Certificate of Registration 824(a)(5). District Court of transporting in aid of Number BM9434440 of Michele L. After carefully considering the the Travel Act and accepting bribes in Martinho, M.D. The ALJ transmitted the testimony elicited at the hearing, the violation of the Travel Act. Id. The record to me on January 7, 2020, and admitted exhibits, the arguments of following year, HHS/OIG mandatorily asserted that no exceptions were filed counsel, and the record as a whole, I excluded the Respondent from by either party. ALJ Transmittal Letter, have set forth my recommended participation in Medicare, Medicaid, at 1. Having reviewed and considered findings of fact and conclusions of law and all federal health care programs. Id. the entire administrative record before below. at 10–11. Pursuant to 42 U.S.C. 1320a– me, I adopt the ALJ’s RD with minor The Allegations 7(a), the Respondent’s exclusion modifications, where noted herein.* In the OSC, the Government contends remains in effect, which is the basis upon which the DEA seeks to revoke the Order that the DEA should revoke the Respondent’s DEA COR because she has Respondent’s COR. Id. at 11. Pursuant to 28 CFR 0.100(b) and the been excluded from participation in a Respondent’s Opening Statement authority vested in me by 21 U.S.C. program pursuant to section 1320a–7(a) The Respondent asserted in her of Title 42. 824(a), I hereby dismiss the Order to opening statement that this matter is not Show Cause issued to Michele L. Specifically, the Government alleges the following: about controlled substances, and it has Martinho, M.D. This Order is effective nothing to do with the issuance of immediately. 1. The Respondent is registered with the DEA as a practitioner in Schedules prescriptions or record keeping for D. Christopher Evans, II through V under DEA COR controlled substances. Id. at 11. The Respondent admitted that the Acting Administrator. BM9434440. The Respondent’s COR expires by its terms on January 31, 2020. Government is correct that she accepted Paul E. Soeffing, Esq., for the 2. On June 14, 2017, the Respondent cash payments in exchange for referring Government was found guilty in the United States blood work to a particular lab, that she pleaded guilty to a single count Douglas M. Nadjari, Esq. and David District Court for the District of New violation of the Travel Act, and that she Durso, Esq., for the Respondent Jersey of ‘‘Transporting in Aid of-Travel Act-Accepting Bribes in Violation of the has been excluded by HHS/OIG from Travel Act.’’ Judgment was entered in participation in Medicare, Medicaid, *A I have made minor, nonsubstantive, U.S. v. Michele Martinho, No. 2:14–CR– and all federal health care programs. Id. grammatical changes to the RD. Where I have made 00271–SRC–1 (D.N.J. filed June 14, at 11–12. The Respondent maintained any substantive changes, omitted language for that the evidence will show that the she brevity or relevance, or where I have added to or 2017). modified the ALJ’s opinion, I have bracketed the can be entrusted to maintain and modified language and explained the edit in a 1 ALJ Ex. 1. properly use her DEA COR. Id. at 12. footnote marked with an asterisk and a letter in 2 ALJ Ex. 2. Revocation in this matter is not alphabetical order. 3 ALJ Ex. 3. mandatory. Id. at 12. The Respondent

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asserted that she has accepted Iraqi Police Department. Id. at 20. He Manhattan has changed, her patients responsibility and has demonstrated has a Bachelor’s Degree from City have transitioned to younger patients. that she will not engage in misconduct College of New York. Id. at 21. The DI Id. again. Id. at 12. indicated that he was assigned this The Respondent explained the genesis Dr. Martinho completed courses of matter by his group supervisor. Id. at 22. of her involvement in the criminal study in medical ethics before her The DI identified the criminal judgment activity for which she was convicted. Id. criminal proceedings began. Id. at 12– in the criminal case of U.S. v. Michele at 50. Prior to her purchasing the 13. She also began to lecture other Martinho from the U.S. District Court in practice, the Respondent was doctors and medical students about her Newark, New Jersey. Id. at 23; GX 2. He introduced by a lab testing experiences to help prevent them from obtained a copy of the judgment via representative to K.K., a sales making the same choices she did. Id. at email from the District Court. Tr. 23. representative for Biodiagnostic Testing 13–14. She has given over 60 lectures Next, he identified a letter from the Laboratories (BIL), a blood testing lab. during her own time and at her own HHS/OIG regarding the exclusion of the Id. at 29–30, 50. BIL was located in New expense. Id. at 14. During her Respondent from all federal health care Jersey, but was looking to gain business sentencing hearing at the U.S. District programs. Id. at 24; GX 3. He obtained in New York. Id. at 50–51. The Court, the presiding judge said that ‘‘he it via email from the OIG. Tr. 25. unnamed lab testing representative felt that her talks had a greater deterrent The DI identified a screenshot from introduced the Respondent to the owner impact than anything that the court or the OIG’s website that demonstrated of BIL. The three of them had dinner the U.S. Attorney could have done to that the Respondent was still excluded together where they offered the prevent other people—to deter other from all federal health care programs as Respondent what amounted to a referral people from engaging in this kind of of the morning of October 3, 2019, the fee for referring bloodwork to their lab, conduct.’’ Id. at 14. Dr. Martinho’s date of the hearing in this matter. Tr. to which the Respondent conceded that efforts have been featured in the 25–26; GX 4. He obtained this document such financial arrangement does not Washington Post, the Wall Street by going to the OIG’s website and taking exist in the medical field. Id. at 51. Journal, and on NPR. Id. at 14. The a screenshot of the Respondent’s She was paid every month by the Respondent submitted that the evidence information. Tr. 26. He verified the laboratory’s representative with an will show that she can be entrusted to information on the morning of the envelope of cash. Id. Over the course of maintain her DEA COR. Id. at 15. She hearing by going to the OIG’s website, two and a half years, she received has used her COR properly throughout entering the Respondent’s name, and $155,000. Id. at 51–52. When asked her life. Id. The Respondent argued that confirmed that she was still excluded. about the process that resulted in the the evidence will demonstrate that the Id. at 27. bribes, the Respondent explained that Government’s application to revoke the patients would come into her office and Respondent’s COR should be denied. Id. Respondent’s Case in Chief she would conduct a blood draw on the Dr. Michele Martinho, M.D. patients who needed it, including new Government’s Case in Chief patients. Id. at 80. She decided which Before presenting witnesses, the The Respondent currently lives in lab would get the blood depending on Government offered the sworn and New York, where she has been licensed which insurance company the patient notarized COR history for the to practice medicine since 2005. Id. at had. Id. She testified that BTL lied to Respondent, which was admitted 29. The Respondent is forty-five years her and said they took all insurances. without objection.4 See GX 1.5 The old and has two children for whom the When she found out that they did not Government otherwise presented its Respondent is the primary caretaker. Id. take certain insurances, she stopped case in chief through the testimony of a at 45. She is first generation American, sending certain patients’ blood work to single witness. The Government with both of her parents being that lab, because she did not want presented the testimony of a Diversion Portuguese immigrants. Id. She went to patients getting a bill. Id. She said that Investigator (hereinafter, the DI).6 Catholic school from grades K–12 and either she or a member of her staff received her undergraduate degree in would conduct the draw and a note The DI psychology from New York University. would be placed in the patient’s file The DI is a Diversion Investigator for She went on to attend Ross University designating the blood testing lab. Id. at the DEA and has been employed by the for medical school for two years in the 80–81. She had billing software set up DEA for two years, currently assigned to Caribbean and returned to the United with the lab so she could order the lab the New York Division. Tr. 20. He States for her clinical rotations for the tests online. Id. at 81. previously served with the New York last two years, from which she The Respondent stopped taking the City Police Department for 23 years, graduated in 2002. Id. at 47. She cash payments once the laboratory retiring as a Detective Sergeant. Id. at completed her residency at Mount Sinai owner and a few laboratory 20. He also served in the U.S. Army Elmhurst Hospital with a focus in representatives were arrested on April Reserves, retiring as a Lieutenant internal medicine, which lasted another 13, 2013, for bribery. Id. at 53. The Colonel. Id. at 20. He additionally three years. Id. After completing her Respondent explained that while she served for four years in the United residency, she worked at a satellite did not know that the referral fee was Nations International Police Task Force clinic for the hospital for almost three illegal, she did know that what she was in Kosovo, including one year as a years in preparation for private practice. doing in taking the cash was wrong and Regional Security Officer in Liberia and Id. at 48. She then went into private admitted ‘‘[t]hat I own 100 percent.’’ Id. six months in Iraq working with the practice and eventually purchased the at 53–54. The Respondent admitted that practice. Id. at 48–49. Her practice is she knew it was wrong to accept the 4 The Respondent noted that all of the located in the Lower East Side of payments at the time she accepted them. Government’s evidence had been stipulated to and Manhattan. Id. at 49. It is surrounded by Id. at 52. Although the Respondent did that there were no objections to any of the Government’s exhibits. Tr. 18. a significant amount of government not realize that the referral fees would 5 GX—Government Exhibit public housing whose tenants make up be considered bribes under the law, she 6 The DI was called to sponsor the Government’s a large portion of her practice. Id. Over admitted that she accepted the money exhibits. Tr. 18–19. the years, as the population of and now realizes they constituted illegal

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bribes. Id. at 51. The Respondent for controlled substances. Id. at 31. She the District Court, a pre-hearing was understood what she did was also has never before been disciplined or conducted with the New York State wrong from a moral standpoint. Id. at sanctioned for her prescribing methods Department of Health, Office of 56. She claimed that she understood with respect to controlled substances or Professional and Medical Conduct, and that she violated her fiduciary her record keeping practices. Id. The based upon her efforts at remediation, responsibility to her patients, and that Respondent discussed each of her the Respondent was allowed to continue she had been questioned by patients at proposed documentary evidentiary practicing medicine with no her practice when they learned about exhibits.7 Id. at 31–32. The Respondent interruptions or restrictions placed on the allegations. Id. She found that when identified a presentencing her state license. Tr. 44–45. she was questioned by patients as to the memorandum given to the District Court Following completion of her ethical medical necessity of the blood draws judge before her sentencing in 2017. Id. course of study at Creighton University, and whether she had only done it for at 32; RX 1.8 The Respondent identified the Respondent discovered that the the money, it was a ‘‘big moment’’ for a flyer for Boston Medical Center, which prosecutor on her criminal case was her. Id. at 56–57, 58. She explained that advertised an event, in which she was going to law schools to discuss health a moderator at one of the health care the keynote speaker for their Ethics and care fraud. She offered to go with the courses she has attended explained this Compliance Week in 2017. Tr. 33; RX 2. prosecutor and tell her side of the story violation of patient trust aspect to her, The Respondent indicated that this was to the students. Tr. 60–61. While the and it has affected how she has an example of the type of lectures she prosecutor declined her invitation, she attempted to remediate herself. Id. at 57. has given and continues to give, as began to research medical schools, law She again claimed full responsibility for discussed in her opening statement. The schools, ethics societies, and medical her actions and did not place blame on flyer included a picture, a description of societies to share her story to whomever the laboratory or the laboratory the crime of conviction and the purpose would listen and would benefit from her representative. Id. When asked of the lecture. Id. at 33. presentation. Id. at 61–62. She sent out pointedly by the Government whether The Respondent offered a letter from a cold email and offered to pay her own she accepted responsibility for the acts Dr. B.F., who is an orthopedic surgeon travel and expenses for the opportunity that led to her criminal conviction, the at MD Anderson. Tr. 34; RX 3. Dr. B.F. to share her story, which has cost Respondent answered, ‘‘[o]ne hundred invited the Respondent to speak with approximately $20,000, in addition to percent, yes.’’ Id. at 74. She further his orthopedic fellows to tell her story taking her away from her current confirmed that she considers those and hopefully deter them from engaging practice. Id. at 62, 68, 74. As of the date criminal actions to be serious violations in similar behavior for which she had of the instant hearing, the Respondent of the law and that she is remorseful. Id. been convicted. Tr. 34. It was submitted indicated that she had completed sixty- at 74–75. Apart from copays, she had to the District Court in conjunction with nine of these speaking engagements and not ever taken cash payments before the presentencing memorandum. Id.; see continues to do them. Id. at 62–63. that time, and has not since. Id. at 52. RX 1. The Respondent offered a letter The Respondent discovered The Respondent asserted that while from Dr. J.E., a professor of philosophy ‘‘restorative justice’’ during one of her she now understands that ignorance of at Marin University. Tr. 35–36; RX 4. medical ethics courses and began to the law is no excuse, at the time, she did The Respondent contacted him and focus on that. Id. at 63–64. She found it not fully understand what bribery offered to give her presentation to his was not just about being sorry for your meant. Id. at 54–55. The Respondent medical students, which he accepted. conduct, but how she could do better ultimately amended her tax returns and Tr. 36. It was also submitted to the and correct her mistake. Id. at 64. She paid the taxes on the cash payments. As District Court in conjunction with the explained that she understood her crime part of her criminal sentence, the presentencing memorandum. Id. had affected her patients, other Respondent paid back the $155,000. Id. The Respondent offered a letter from physicians, and the community. Id. at at 52, 55–56. She stated that she never J.W., an ethics professor from Ohio 64–65. The Respondent indicated that conducted medically unnecessary blood University. Tr. 36–37; RX 5. J.W. medical school does not adequately draws. Id. at 55. As developed in her arranged for the Respondent to provide prepare students for these real-life criminal case, there was never any a radio presentation on NPR regarding issues and that she wanted to share her allegation by the Government that the her crime. Tr. 37. The Respondent experience as an example. Id. at 65. The blood testing lacked medical necessity. offered a newspaper article from the Respondent reported that J.W. (see RX Id. at 58. Washington Post, featuring the 5) was an educator of health care ethics, The Government’s investigation into Respondent and her presentation at and that J.W. told the Respondent that BTL resulted in the prosecution and Georgetown University. Tr. 38; RX 6. she was changing her curriculum to conviction of a large number of The Respondent offered certificates for include scenarios such as the physicians, including the Respondent. completion of programs in health care Respondent’s experience. Id. The Id. at 30. The Respondent cooperated ethics. Tr. 39–41; RX 7, 8. The Respondent further advised that at one with the Government in the Respondent offered the transcript of her of the schools she spoke, New York investigation and prosecution involving sentencing hearing before the U.S. Medical College, they established a BTL. The Respondent ultimately pled District Court conducted on June 14, medical legal course for their law guilty to violating the federal Travel Act 2017. Tr. 41; RX 9. students and medical students to by accepting bribes for sending some of Finally, the Respondent offered a discuss situations similar to the her blood work to BTL. Id. at 30. The consent agreement between her and the Respondent’s in order to better prepare Respondent continued to lawfully send New York State Department of Health their students. Id. at 66. blood work to two other laboratories, State Board for Professional Medical The Respondent opened her including Quest Diagnostics and Bio Conduct. Tr. 42; RX 10. The Respondent presentation by giving her name, Reference. Id. at 30–31. explained that after her sentencing in explaining that she is an internal The Respondent testified that her medicine physician from New York, and federal criminal case did not involve 7 The Government did not object to any of the that she was convicted of a crime in controlled substances, prescriptions for Respondent’s proposed documentary evidence. 2014, referring to herself as a felon. Id. controlled substances, or record keeping 8 RX—Respondent’s Exhibit at 67. She testified that she always refers

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to herself as a felon as that is part of her every other physician involved in the taught at Drexel University, Simmons story. Id. The Respondent noted matter went to prison. Id. at 89. College, and previously worked as a statements made by the prosecutor, the The Respondent indicated that she geriatric social worker for sentencing judge, and probation plans to reapply to participate in approximately five years. Id. at 94. department during her sentencing Medicare and Medicaid when her P.R. met the Respondent through an hearing in support of the Respondent exclusion is over. Id. at 77. She email the Respondent sent to the Center and her remedial actions taken since explained that she had been excluded for Urban Bioethics approximately one pleading guilty. Tr. 68–71; RX 9, pp. 9, from Medicare, Medicaid, and the State year before P.R. started at the Center. Id. 13–14. of New York’s Medicaid program, which at 95. After a review of the Respondent’s The Respondent was questioned she appealed and had rescinded. Id. at email, P.R. contacted the Respondent to regarding whether the underlying 77–78. She stated that she had been hear more about her experiences and to criminal conduct was ‘‘aberrational’’ excluded from the state program even determine if it would be appropriate for and how she can be entrusted to though she hadn’t been participating in the Respondent to come to the maintain her DEA COR. Id. at 71–72. the program following her residency. Id. University and speak to the students. Id. The Respondent testified that for the at 78–79. at 95. P.R. found that the Respondent’s past six years, she has been able to reach When I asked the Respondent if she experience ‘‘would be a good fit for their thousands of medical students and had ever before taken the position that program’’ and she invited the physicians. Id. at 72. She said that some she did not commit the bribery, she Respondent to come and talk to her of her presentations at universities have responded, no, she had never taken that class of physician assistants in the been recorded and are required to be position, nor the position that bribery summer of 2017. Id. at 96. Since that watched by students, so she knows she was not a serious offense warranting time, the Respondent has spoken to is making an impact on medicine in this punishment. Id. at 83. She testified that several classes at Temple University. after she had found out she had way. Id. She stated that she wants to P.R. also invited her to speak to her committed a crime, she had her office continue in her profession because it is students at Simmons College, including manager pick a random selection of what she has wanted for her entire life. social work students, and undergraduate patients to determine whether the rate Id. health care administration students at of ordering bloodwork had increased at Drexel University. Id. at 97. When questioned, she indicated that all based on the bribes. Id. at 84. The P.R. described the Respondent’s while she had been ordered to complete office manager picked one-hundred lecture and her presentation to the thirty lectures by the sentencing judge, random patients established before the students. Id. at 97–98. She found the she had already completed twenty-six Respondent purchased the practice, Respondent’s story very ‘‘honest, raw, speaking engagements by the date of the one-hundred new patients before using and compelling.’’ Id. at 97. The sentencing hearing. Id. at 73. She was BTL, and one-hundred new patients Respondent did not minimize her ordered to complete thirty presentations after starting to use BTL. Id. The office actions or try to make excuses, but within two years of sentencing, which manager found that there was explained what she had done and how she completed in only six months. Id. essentially no difference in the rate or it had happened. Id. at 98–99. The She further indicated that she has no frequency of ordering or what types of Respondent explained that apart from plans to stop doing her speaking tests were ordered. Id. at 84. the medical knowledge required of engagements, even though her probation I asked why she believed that the health care professionals, it is also term ended on June 14, 2019. Id. at 73– Acting Administrator should trust her important to ‘‘have a sense of how to 77, 90. with her COR. Id. at 121. The run a business’’ and other necessary She further offered her cooperation to Respondent asserted credibly that her considerations before entering the a number of government agencies as efforts over the past six years is health care field. Id. at 98. part of her remedial efforts. Tr. 85–87; evidence of her contrition and trying to P.R. expressed that the Respondent RX 1, p. 463. She testified that she ‘‘pay it forward to the next generation of showed contrition during her brought information concerning other physicians.’’ Id. at 121–22. She cannot presentation. Id. at 100. She also potential criminal activity to imagine repeating any part of her life expressed that the Respondent approximately seven other state and from the past six years due to fear of ‘‘[a]bsolutely’’ accepted responsibility federal law enforcement agencies across going to jail, not being able to support for her actions. Id.. She found that the the federal government and two states, her children, or not being able to take Respondent’s reputation among the for which she received a 5K reduction care of them. Id. at 122. She expressed students was one of respect for being letter for those efforts.9 Tr. 87. The that she would ‘‘never do anything to candid about her story, and that the Respondent scored a level 19 of the compromise [her] license ever again.’’ students found her talk to be very sentencing guidelines, which would Id. relevant to their education, and what it normally carry a punishment of thirty to looks like to be confronted with ethical thirty-seven months in prison. Id. at 88. P.R., J.D., M.S.W., M.Bioethics decisions in the field. Id. at 100–01. The prosecutors in the criminal case P.R. is currently a professor at Temple I asked P.R. if the Respondent filed a 5K1 recommendation letter, University’s Lewis Katz School of appeared sincere in her presentations to which recommended that she be Medicine and the Center for Bioethics students. Id. at 101. P.R. indicated that sentenced within a guideline level Urban Health and Policy. Id. at 94. She the Respondent ‘‘could not have been which would make her probation also serves as the Assistant Director of more sincere.’’ Id. P.R. expressed that it eligible. Id. at 88–89. She stated that the Master’s program in Urban was clear from the Respondent’s Bioethics. Id. She received her demeanor that she was being truthful 9 A ‘‘5K reduction’’ refers to USSG § 5Kl.l— bachelor’s degree in political science, a and honest about her story. Id. at 102. Substantial Assistance to Authorities. Upon motion master’s degree in social work from the There was no doubt in P.R.’s mind that of the Government stating that the defendant has University of Pennsylvania, School of she was absolutely sincere in her provided substantial assistance in the investigation or prosecution of another person who has Social Policy and Practice, and a law presentations. Id. The Respondent gave committed an offense, the court may depart from degree from Temple University’s law live presentations twice at the Center for the guidelines. school. Id. at 93. She has previously Urban Bioethics. She gave four live

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presentations for P.R. in total. Id. at which led to her conviction. Id. at 113– 3. Based on Respondent’s conviction, 102–03. She found that the 14. She has observed the Respondent the U.S. Department of Health and Respondent’s talk was beneficial to the not only show remorse for her conduct Human Services, Office of Inspector students as it demonstrated what a real- and to try and better understand what General (‘‘HHS/OIG’’), by letter dated world ethical dilemma looks like and she did wrong, but that the Respondent July 31, 2018, mandatorily excluded not only showed the consequences of has gone out to share her experiences Respondent from participation in making a bad decision, but also what a with medical students and residents. Id. Medicare, Medicaid and all federal person can do to correct their mistake. at 114–15. Dr. J.G. reiterated that ethics health care programs for the minimum Id. at 103–04. P.R. explained what she education is lacking in medical school, period of five years pursuant to 42 perceived to be a lack of ethical training and she found the Respondent’s lectures U.S.C. 1320a–7(a), effective August 20, in medical school, and found that the to be ‘‘beyond remarkable.’’ Id. at 115. 2018. Respondent’s presentations provided a Based upon her professional and 4. Reinstatement of eligibility to bridge between this gap. Id. at 104–06. personal interactions with the participate in Medicare, Medicaid and P.R. stated that the Respondent is Respondent, Dr. J.G. has found that the all federal health care programs after ‘‘exactly the type of doctor I would want Respondent is an excellent judge of exclusion by HHS/OIG is not automatic. to have’’ and that ‘‘we’re wanting our medical treatment. Id. at 115. The 5. Respondent is currently excluded students to be.’’ Id. at 105. Respondent is a thorough clinician and from participation in Medicare, Dr. J.G., M.D. takes her time with each patient to Medicaid and all federal health care provide thorough treatment. Id. at 115– programs. Dr. J.G. received her undergraduate 16. Although Dr. J.G. is preparing to join degree from Stony Brook, her master’s the Respondent’s practice, she does not Findings of Fact degree from Brooklyn College, and currently have a financial relationship The factual findings (FoF) below are finally her medical degree at Ross with the Respondent. Tr. 116. When she based on a preponderance of the University. Id. at 108. She completed refers patients to the Respondent, there evidence, including the detailed, her residency in obstetrics and is no referral fee or fee sharing and Dr. credible, and competent testimony of gynecology at George Washington J.G. noted that that is illegal within the the aforementioned witnesses, the University. Tr. Id. Afterwards, she began profession. Id. at 117. When Dr. J.G. exhibits entered into evidence, and the working at Columbia University, enters into a practice arrangement with record before me. Columbia Presbyterian in the Allen the Respondent, she expects they will 1. The Respondent currently holds Pavilion for two years. Id. at 109. She share expenses equally for staff, rent DEA COR BM9434440 in Schedules II then joined Mt. Sinai Hospital and and utilities. Id. at 116–17. through V with a registered address of Icahn School of Medicine as an 308A East 15 Street, New York, NY Assistant Professor in obstetrics, Dr. J.G. holds a DEA Certificate of 10003, and a mailing address of 20 River gynecology, reproduction, endocrine Registration and is familiar with the and fertility, and minimally invasive responsibilities of being a registration Terrace, Apt. 23E, New York, NY 10282. surgery, where she worked until the end holder. Id. at 117–18. She believes that The Respondent’s COR expires by its of 2013. Id. She went on to BronxCare the Respondent possesses all of the terms on January 31, 2020. ALJ Ex. 1, 9. Health System as an Assistant Professor necessary requirements, ethics, 2. The Respondent received her in obstetrics and gynecology. Id. After judgment, and aptitude to hold a DEA undergraduate degree in psychology her time in academia, she moved into COR. Id. at 118. from New York University. Id. at 47. 3. The Respondent attended Ross private practice at Maiden Lane Medical The Facts before presently moving to join the University for medical school and Respondent at the Respondent’s practice Stipulations of Fact returned to the United States for her clinical rotations, from which she as a gynecologist. Id. at 110. The Government and the Respondent Dr. J.G. met the Respondent during graduated in 2002. Id. at 47. have agreed to five stipulations, which medical school and they became close 4. The Respondent completed her I recommend be accepted as fact in friends. Id. They have been friends for residency at Mount Sinai Elmhurst these proceedings: about 21 years. Id. at 118. She has Hospital with a focus in internal referred patients to the Respondent and 1. Respondent is registered with the medicine. Id. at 47. the Respondent has referred patients to DEA as a practitioner in Schedules II 5. The Respondent worked at a her. Id. at 111. Dr. J.G. opined that the through V under DEA Certificate of satellite clinic for the hospital for almost Respondent provides excellent care to Registration BM9434440 with a three years after her residency. Id. at 48. her patients, is a very thorough and registered address of 308A East 15 6. The Respondent went into private excellent clinician, and that she trusts Street, New York, NY 10003, and a practice and eventually purchased the the Respondent with their care. Id. at mailing address of 20 River Terrace, practice, which is an internal medicine 111. Dr. J.G. has found that her patients Apt. 23E, New York, NY 10282. practice on the Lower East Side of greatly enjoy being treated by the Respondent’s registration expired by its Manhattan. Id. at 48–49. Respondent. Id. at 111–12. Despite terms on January 31, 2020. 7. The Respondent has been licensed being aware of the Respondent’s 2. On June 14, 2017, Respondent was to practice medicine in the state of New conviction and the circumstances found guilty in the United States York since 2005. Id. at 29; RX 10. surrounding it, Dr. J.G. continues to District Court for the District of New Respondent’s Criminal Act, Conviction, refer patients to the Respondent. Id. at Jersey of ‘‘Transporting in Aid of Travel and Exclusion 112. From her observations, she found Act-Accepting Bribes in Violation of the that one particular patient was Travel Act,’’ in violation of 18 U.S.C. 1. The Respondent pled guilty to ‘‘remarkably healthier’’ after being 1952(a)(3) and 18 U.S.C. 2. Judgment ‘‘[v]iolating the federal Travel Act for treated by the Respondent. Id. was entered against Respondent in U.S. accepting bribes for sending [her Dr. J.G. says that she has personally v. Michele Martinho, No. 2:14–CR– patients’] blood work to a laboratory.’’ observed that the Respondent has 00271–SRC–1 (D.N.J. filed June 14, Tr. 30. She was sentenced to probation accepted responsibility for the conduct 2017). for a period of two years, of which the

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first twelve months were served in Respondent’s Acceptance of 2. The Respondent has spoken to home confinement. RX 9. Responsibility and Corrective Action several of P.R.’s classes including a PA 2. The Respondent has never been 1. The Respondent testified that ‘‘I class, a class at Temple University that disciplined or sanctioned concerning blame myself only’’ and that ‘‘I was included a variety of students, two her prescribing of controlled substances. responsible for all of it.’’ Id. at 57. MSW classes and two classes of Tr. 30. 2. The Respondent admits that she undergraduate health care administration students at Drexel 3. The Respondent’s conviction did violated her fiduciary duty to her University. Id. at 96–97. Four of these not involve any controlled substances. patients. Id. at 56. lectures were live, and not recorded. Id. 3. The Respondent presented her Id. at 31. at 103. cautionary story to medical students, 4. After her sentencing in her criminal 3. The Respondent told these classes case, the New York State Department of practicing physicians, health care ethics her cautionary story and shared that she Health, Office of Professional and students and educators. Id. at 61–62. is a convicted felon. Id. at 98. Medical Conduct, allowed the 4. The Respondent was ordered by the Respondent ‘‘to continue to practice District Court to complete thirty Dr. J.G. medicine with no interruption and no speaking engagements as community 1. Dr. J.G. is a physician who practices restriction.’’ Id. at 44–45; RX 10. service work over a period of two years. in obstetrics and gynecology. Id. at 108– GX 2, p. 2. 09. 5. The Respondent accepted a referral 5. The Respondent completed the fee or bribe to send her patients’ blood 2. The Respondent is Dr. J.G.’s best thirty speaking engagements within six friend and colleague, having met in work to Biodiagnostic Testing Labs. Tr. months. Tr. 73. 50–51. medical school. Id. at 108, 118. 6. The Respondent has completed 3. Dr. J.G. plans to join the 6. Every month the lab test sixty-nine of these speaking Respondent in her office to practice representative would give the engagements as of the date of the DEA gynecology. Id. at 110. Respondent an envelope of cash as hearing and continues to perform them. 4. The Respondent and Dr. J.G. refer payment for her use of the lab. Id. at 51. Id. at 62–63, 66, 73. many patients to each other. Id. at 111. 7. Over the course of two and a half 7. The Respondent makes her 5. When Dr. J.G. enters into a practice years, the Respondent received presentations to provide ‘‘restorative arrangement with Respondent, she $155,000 in payments from the testing justice’’ and ‘‘to try to make it up to my expects they will share expenses equally lab. Id. community.’’ Id. at 63–64. for staff, rent and utilities. Id. at 116–17. 6. According to Dr. J.G., the 8. The Respondent knew it was wrong 8. The Respondent refers to herself as Respondent has accepted responsibility to take these payments at the time that a felon because it is part of her story and for her conduct. She is remorseful and she accepted them. Id. at 52. will never go away. Id. at 67, 75–76. 9. The Respondent accepts ‘‘one has made remarkable efforts to correct 9. The Respondent eventually paid hundred percent’’ responsibility for the her mistakes by cautioning others about taxes on these payments and forfeited acts that led to her criminal conviction. these real pitfalls. Id. at 114–115. them. Id. Id. at 74, 83. 7. Dr. J.G. believes that the 10. The Respondent continued to 10. The Respondent has never taken Respondent possesses the necessary accept the referral fees until the lab the position that she did not commit the ethics, intelligence and aptitude to owner and some of the lab crime to which she eventually pled properly hold a registration and representatives were arrested on April guilty. Id. at 83. administer and prescribe controlled 13, 2013. Id. at 53. 11. The Respondent believes her substances. Id. at 118. 11. When the lab owner was arrested, criminal acts were serious violations of Analysis the Respondent knew that she was in the law. Id. at 74, 83. trouble for accepting the cash payments, 12. The Respondent is remorseful for Credibility Analysis of Fact Witness: but that she did not know at the time her crime. Id. at 75. The DI that the referral fees were illegal. Id. at 13. The Respondent has been The DI’s uncontroverted testimony, 53–54. excluded from Medicare and the State of while generally limited to the initiation 12. The Respondent ‘‘never put a New York’s Medicaid program. Id. at of the investigation and authentication needle in anyone’s arm to draw their 77–78. of the Government’s exhibits in this blood for any reason except for medical 14. The Respondent plans to reapply matter, was consistent, genuine and necessity.’’ Id. at 55, 58. The to participate with Medicare and credible. The DI effectively explained Respondent continued to send Medicaid when her exclusion is over. how the investigation of the Respondent bloodwork to other labs in the area, Id. at 77, 87. began, and how the DI verified the fact without receiving a kickback from those 15. Every doctor in the Respondent’s of the Respondent’s exclusion from all labs. Id. at 29–30. criminal case went to prison except for federal health care programs. her and she believes her speaking The DI, as a public servant, typically 13. The Respondent knew accepting engagements made the difference in her has no personal stake in the outcome of the cash payments was wrong as a tax avoiding jail time. Id. at 88–89. the instant investigation or in the issue. Id. at 56. 16. The Respondent completed her revocation of the Respondent’s 14. The rate of blood work the probation on June 14, 2019. Id. at 89- 90. registration. I noted no animus on the Respondent ordered was either less than DI’s part as to the Respondent. Although before or ‘‘there was essentially no P.R. he may be viewed as being part of the difference in the rate of ordering, in the 1. P.R. is a professor at Temple prosecution team, I saw no indication types of tests’’ after she started taking University’s Lewis Katz School of from his testimony that any partiality the payments. Id. at –84. Medicine and the Center for Bioethics interfered with his reliable testimony. 15. There were 29 doctors prosecuted Urban Health and Policy and also the Based on a complete review of the DI’s in the Respondent’s criminal case. Tr. Assistant Director of the master’s presentation of testimony, I find his 65. program in Urban Bioethics. Id. at 94. testimony to be entirely credible.

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Credibility Analysis of Fact Witness: takes her time with each patient to her criminal conviction and exclusion P.R. provide thorough medical care. Id. at from all federal health care programs. The Respondent presented clear and P.R. is currently a professor at Temple 115–16. Dr. J.G. holds a DEA Certificate candid testimony. She appeared to be University’s Lewis Katz School of of Registration and is familiar with the sincere in her remorse and acceptance Medicine and the Center for Bioethics responsibilities of being a registration of responsibility. Although the stakes Urban Health and Policy. Tr. 94. She holder. Id. at 117–18. She believes that are very high in this proceeding, as the also serves as the Assistant Director of the Respondent possesses all of the Agency’s investigation and prosecution the Master’s program in Urban necessary requirements, ethics, judgment, and aptitude to hold a DEA could effectively preclude the Bioethics. Id. She met the Respondent Respondent from practicing medicine, through an email the Respondent sent to COR. Id. at 118. Dr. J.G. presented clear and candid the Respondent did not appear to color the Center for Urban Bioethics about a her testimony. She appeared sincere and year before P.R. started at the Center. Id. testimony. She appeared to be sincere in her description of the Respondent’s authentic. Her commitment to remedial at 95. efforts in the form of numerous She has gotten to know the remorse and acceptance of responsibility, and corroborated the cautionary lectures to health care Respondent throughout the course of professionals and to medical students is the Respondent’s presentations to P.R.’s Respondent’s testimony. Although they have been lifelong friends and soon-to- probably the most convincing evidence students. P.R. expressed that the of the Respondent’s acceptance of Respondent showed contrition during be business partners, I do not find that Dr. J.G. was unduly influenced by any responsibility, remorse, and evidence her presentation. Id. at 100. She also she is trustworthy of her responsibilities expressed that the Respondent personal relationship, or financial gain, or overt loyalty to the Respondent such as a possessor of a DEA COR. She ‘‘[a]bsolutely’’ accepted responsibility presented her testimony in a consistent for her actions. Id. at 100. P.R. indicated that it interfered with her testimony. I find her testimony to be entirely and convincing manner, and I find her that the Respondent ‘‘could not have testimony to be entirely credible. been more sincere.’’ Id. at 101. P.R. credible. expressed that it was clear from the Credibility Analysis of Fact Witness: Findings as to Allegations Respondent’s demeanor that she was Dr. Michele Martinho The Government alleges that the being truthful and honest about her Respondent’s COR should be revoked story. Id. at 102. There was no doubt in The Respondent explained the and any pending applications be denied P.R.’s mind that the Respondent was circumstances leading up to her because the Respondent has been absolutely sincere in her presentations. underlying criminal conviction. She met excluded from all federal health care Id. with a lab testing representative who programs, pursuant to 21 U.S.C. P.R. presented clear and candid offered the Respondent referral fees to 824(a)(5). The Agency has held that testimony. She shared only a send their laboratory bloodwork. Tr. 50– section 824(a)(5) authorizes the professional relationship with the 51. The Respondent was paid every revocation of existing registrations, as Respondent. She appeared to be sincere month in cash by the representative. Id. well as the denial of applications. in her description of the Respondent’s at 51. Over the course of two-and-a-half Dinorah Drug Store, Inc., 61 FR 15972 presentations and corroborated the years, she was paid $155,000, which the (1996); Kuen H Chen, MD., 58 FR 65401 Respondent’s testimony. I find her Respondent indicated has been (1993). testimony to be entirely credible. forfeited, and the taxes paid. Id. at 51– In the adjudication of a revocation or 52, 55–56. On June 14, 2017, the suspension of a DEA COR, DEA has the Credibility Analysis of Fact Witness: Respondent was found guilty in the burden of proving that the requirements Dr. J.G. United States District Court for the for such revocation or suspension are Dr. J.G. has prepared to move into the District of New Jersey of ‘‘Transporting satisfied. 21 CFR 1301.44(e) (2010). Respondent’s private practice as a in Aid of Travel Act-Accepting Bribes in Where the Government has sustained its gynecologist after a career working in Violation of the Travel Act,’’ in burden and made its prima facie case, hospitals and academia. Id. at 108–10. violation of 18 U.S.C. 1952(a)(3) and 18 a respondent must both accept She met the Respondent during medical U.S.C. 2. See Stipulation 2. responsibility for her actions and school and they became close friends. The Respondent admitted that she demonstrate that she will not engage in Id. at 110. They have been friends for knew it was wrong to accept the future misconduct. Patrick W Stodola, about 21 years. Id. at 118. She has payments at the time she accepted them. MD., 74 FR 20727, 20734 (2009). referred patients to the Respondent and Id. at 52. Apart from copays, she had not Acceptance of responsibility and the Respondent has referred patients to ever taken cash payments before that remedial measures are assessed in the her. Id. at 111. time, and has not since. Id. The context of the ‘‘egregiousness of the Dr. J.G. reports that she has observed Respondent asserted that while she now violations and the [DEA’s] interest in that the Respondent has accepted understands that ignorance of the law is deterring similar misconduct by [the] responsibility for her conduct leading to no excuse, at the time, she did not fully Respondent in the future as well as on her conviction. Id. at 113–14. She has understand what bribery meant. Id. at the part of others.’’ David A. Ruben, observed the Respondent not only show 54–55. She stated that she never M.D., 78 FR 38363, 38364 (2013). Where remorse for her conduct and try to better conducted medically unnecessary blood the Government has sustained its understand what she did wrong, but draws. Id. at 55. The Respondent burden, that registrant must present also go out to share her cautionary tale provided lengthy testimony that she has sufficient mitigating evidence to assure to medical students and residents. Id. at fully accepted responsibility for her the Acting Administrator that he/she 114–15. Based upon her professional conduct. She further testified as to her can be entrusted with the responsibility and personal interactions with the remedial efforts and how she has commensurate with such a registration. Respondent, Dr. J.G. has found that the continued speaking engagements on her Medicine Shoppe-Jonesborough, 73 FR Respondent is an excellent medical own in order to share her story and help 364387 (2008).*B diagnostician. Id. at 115. The prevent others from making the same Respondent is a thorough clinician and decisions that she made that resulted in *B [Text omitted for brevity].

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Exclusion Under U.S.C. 1320a–7(a) subsequently mandatorily excluded Government has made out a prima facie The Government has alleged that the from all federal health care programs by case, his conduct was not so egregious Respondent has been excluded from HHS/OIG, pursuant to 42 U.S.C. 1320a– as to warrant revocation’’); Paul H. participation in a program pursuant to 7(a). The Government’s evidence clearly Vollanan, 73 FR 30630, 30644 (2008); section 1320a–7(a) of Title 42. The demonstrates the necessary elements of Gregory D. Owens, 74 FR 36751, 36757 Government can meet its burden under proof under 21 U.S.C. 824(a)(5) and I n.22 (2009). find that the Government has § 824(a)(5) simply by advancing Since the exposure of the ‘‘kick-back’’ evidence that the registrant has been established a prima facie case for revocation of the Respondent’s COR and scheme, the Respondent has maintained excluded from a federal health care denial of any pending applications. a consistent posture of acknowledging program under 42 U.S.C. 1320a–7(a). Therefore, the remaining issue, and the impropriety and illegality of her Johnnie Melvin Turner, MD., 67 FR the central focus for determination in actions, of cooperation with the 71203 (2002); Dinorah Drug Store, Inc., this matter, is whether the Respondent Government and of truly commendable 61 FR at 15973. The Administrator has has sufficiently demonstrated that she and extensive remedial efforts toward sanctioned registrants where the has accepted responsibility for her her goal of ‘‘restorative justice.’’ She has Government introduced evidence of a actions, has demonstrated remorse, and fully accepted responsibility for her registrant/applicant’s plea agreement has taken sufficient rehabilitative and conduct, which led to the underlying and judgment, and the resulting letter of remedial steps to demonstrate to the criminal conviction, both in her exclusion from the U.S. Department of Acting Administrator that she can be criminal prosecution, as well as in the Health and Human Services, Office of entrusted to maintain her COR. Kwan Bo Inspector General, imposing mandatory instant proceeding. Tr. 83; FoF 33. The Jin, MD., 77 FR at 35021. The Agency Respondent testified credibly during the exclusion under section 1320a–7(a). See must determine whether revocation is Richard Hauser, MD., 83 FR 26308 hearing that ‘‘I blame myself only’’ and the appropriate sanction ‘‘to protect the that ‘‘I was responsible for all of it.’’ Tr. (2018). public from individuals who have 57; FoF 24. When directly asked by Additionally, the Agency has misused controlled substances or their Government counsel during cross- consistently held that the underlying DEA Certificate of Registration and who conviction that led to mandatory have not presented sufficient mitigating examination if she accepted exclusion does not need to involve evidence to assure the Administrative responsibility, she stated that she controlled substances to support a that they can be trusted with the accepts ‘‘one-hundred percent’’ revocation or denial. See, e.g., responsibility carried by such a responsibility for the acts that led to her Mohammed Asgar, MD., 83 FR 29569 registration.’’ Jeffrey Stein, M.D., 84 FR criminal conviction. Tr. 74, 83; FoF 32. (2018); Narciso A. Reyes, MD., 83 FR 46968, 46973 (2019) (quoting Leo R. The Respondent has further 61678 (2018); Richard Hauser, M.D., 83 Miller, MD., 53 FR 21931, 21932 (1988)). demonstrated remorse for her crime. Tr. FR at 26308; Orlando Ortega-Ortiz, ‘‘The Agency also looks to the nature of 75; FoF 35. She has repaid the bribes, M.D., 70 FR 15122 (2005); Juan Pillot- the crime in determining the likelihood amended her tax returns, and paid the Costas, MD., 69 FR 62804 (2004). of recidivism and the need for taxes on the money she took. Tr. 52; FoF However, evidence that the underlying deterrence.’’ Id. In determining whether 17. As for her speaking engagements, conviction does not relate to controlled and to what extent a sanction is the Respondent has completed sixty- substances can be used in mitigation. appropriate, consideration must be nine speaking engagements, far beyond Mohammed Asgar, MD., 83 FR at 29573 given to both the egregiousness of the the required thirty speaking (noting respondent’s conviction ‘‘did offenses established by the engagements ordered by the District not involve the misuse of his Government’s evidence and the Court, and continues to complete registration to handle controlled Agency’s interest in both specific and speaking engagements even though she substances’’); Kwan Bo Jin, M.D., 77 FR general deterrence. David A. Ruben, is no longer required to do so. Tr. 61– 35021, 35027 (2012) (showing a lack of M.D., 78 FR 38363, 38364, 38385 63, 66, 73; GX 2, p.2; FoF 26–29. She evidence concerning respondent’s (2013).*C ‘‘prescribing practices’’). The Agency completed all requirements for her must determine if a sanction is Acceptance of Responsibility and probation on June 14, 2019. Tr. 89–90; appropriate where the record Rehabilitative Measures FoF 39. She has consistently demonstrates ‘‘questions as to the’’ The Government’s prima facie burden demonstrated that she has taken the registrant’s integrity. Anibal P. Herrera, having been met, [ ]*D the Respondent necessary steps to rehabilitate herself MD., 61 FR 65075, 65078 (1996). must present sufficient mitigating and has demonstrated contrition for her evidence to assure the Administrator conduct that led to her underlying Government’s Burden of Proof and that she can be entrusted with the conviction. Establishment of a Prima Facie Case responsibility incumbent with such During the underlying criminal Based upon my review of the registration. Medicine Shoppe, 73 FR at proceedings, both the Assistant United allegations by the Government, it is 387; Samuel S. Jackson, 72 FR 23848, States Attorney (AUSA) and the necessary to determine if it has met its 23853 (2007). *[ ]The egregiousness and sentencing U.S. District Court Judge prima facie burden of proving the extent of an applicant’s misconduct are believed that the Respondent had requirements for a sanction pursuant to significant factors in determining the accepted responsibility for her conduct. 21 U.S.C. 824(a). appropriate sanction. See Jacobo It is clear from the stipulations, the Dreszer, 76 FR 19386, 19387–88 (2011) The AUSA stated during the Government’s evidence, and the (explaining that a respondent can Respondent’s sentencing hearing that Respondent’s position in this matter ‘‘argue that even though the the Respondent ‘‘had demonstrated a that there is no controversy between the level of contrition that has been unique parties that the Respondent was *C Analysis of public interest factors omitted for among the many, many doctors that convicted of the underlying criminal relevance. we’ve dealt with in this case.’’ Tr. 68– *D Omitted text for clarity and omitted text 69; RX 9. Further, U.S. District Court charge in the U.S. District Court for the throughout this section where noted with an District of New Jersey, and was asterisk to remove the public interest analysis. Judge Stanley R. Chesler found that the

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Respondent had accepted responsibility. medical staff and to students has Ayodele, M.D. (hereinafter, Applicant) RX 9.*E provided and continues to provide of Compton, California. OSC, at 1. The Although correcting improper valuable deterrence to the medical OSC proposed the denial of Applicant’s behavior and practices is very important community. The Respondent’s efforts application for a DEA Certificate of to establish acceptance of responsibility, have greatly satisfied the need for Registration. Id. It alleged that conceding wrongdoing is critical to deterrence. At sentencing, the AUSA Applicant is without ‘‘authority to reestablishing trust with the Agency. stated that the Respondent’s ‘‘efforts handle controlled substances in Holiday CVS, L.L.C., 77 FR 62316, have been substantial, including the California, the state in which 62346 (2012); Daniel A. Glick, D.D.S., 80 speaking engagements that she’s been [Applicant] seek[s] registration with FR at 74801. Based upon the evidence involved with. I can tell you, your DEA.’’ Id. (citing 21 U.S.C. 824(a)(3)). presented, I find that the Respondent Honor, that I have heard unsolicited Specifically, the OSC alleged that the has demonstrated the full measure of from folks in the medical field about the Medical Board of California (hereinafter, acceptance of responsibility, and has work that she has been doing and folks MBC) issued an order on February 3, fully demonstrated that she is who are involved in educating 2020, revoking Applicant’s California remorseful of her actions and has taken physicians and supervising physicians Physician’s and Surgeon’s Certificate. considerable rehabilitative steps to have reported to me that her efforts have Id. at 2. The OSC further alleged that, ensure that this conduct will not be made an impact in educating the because the Board revoked Applicant’s repeated. community, which is meaningful thing medical license, Applicant lacks the from the government’s perspective.’’ RX authority to handle controlled Loss of Trust 9. *[In this case,] the Respondent has substances in the State of California. Id. Where the Government has sustained clearly demonstrated that she can be The OSC notified Applicant of the its burden and established that a entrusted to properly maintain her COR. right to request a hearing on the registrant has committed acts allegations or to submit a written inconsistent with the public interest, Recommendation statement, while waiving the right to a that registrant must present sufficient Considering the entire record before hearing, the procedures for electing each mitigating evidence to assure the Acting me, the conduct of the hearing, and option, and the consequences for failing Administrator that he can be entrusted observation of the testimony of the to elect either option. Id. at 2–3 (citing with the responsibility commensurate witnesses presented, I find that the 21 CFR 1301.43). The OSC also notified with such a registration. Medicine Government has met its burden of proof Applicant of the opportunity to submit Shoppe, 73 FR at 387. and has established a prima facie case a corrective action plan. Id. at 3 (citing As demonstrated by the evidence for revocation. However, *[ ] the 21 U.S.C. 824(c)(2)(C)). presented in this matter, it is clear to me evidence overwhelmingly suggests that On June 24, 2020, Applicant, through that the Respondent has unequivocally the Respondent has unequivocally counsel, requested a hearing, stating accepted responsibility for her conduct. accepted responsibility, is remorseful that Applicant ‘‘has filed a writ of She continues to not only improve for her conduct, has worked to administrative mandate in the Superior herself, but works to ensure that current rehabilitate herself, has taken Court of California, San Francisco and future practitioners learn from her extraordinary steps to educate medical Division . . . for judicial review of the past criminal conduct and will not make personnel and students, and has decision of the Medical Board of the same choices. [I also find credible presented convincing evidence California’’ and that ‘‘DEA should await Respondent’s statement that she would demonstrating that the Agency can the final judgment.’’ Request for a ‘‘never do anything to compromise [her] entrust her to maintain her COR. Hearing, at 1. license ever again.’’ Tr. 122.] Her Therefore, I recommend the The Office of Administrative Law underlying criminal conduct did not Respondent’s DEA COR BM9434440 Judges put the matter on the docket and relate to her handling of controlled should Not be Revoked and any pending assigned it to Chief Administrative Law substances and the Government has not applications for renewal or modification Judge John J. Mulrooney II (hereinafter, alleged any deficiencies by the of such registration, or for additional Chief ALJ), who issued an Order Respondent related to controlled DEA registrations, be Granted Directing the Filing of Government Evidence Regarding its Lack of State substances. The Government argues that December 4, 2019 revocation in this matter is appropriate Authority Allegation and Briefing Mark M. Dowd, for its deterrent effect. *[ ]*[Further, Schedule on June 25, 2020, with which although I am not bound by them in this U.S. Administrative Law Judge. the Government complied by filing a Motion for Summary Disposition case, I agree with the statements of] U.S. [FR Doc. 2021–09464 Filed 5–4–21; 8:45 am] (hereinafter, Govt Motion) on July 7, District Court Judge Chesler found that BILLING CODE 4410–09–P ‘‘in many ways your efforts may have as 2020. much, if not more, impact than the In its Motion, the Government prosecutions per se because it sends out DEPARTMENT OF JUSTICE submitted evidence that the MBC a message and it sends out a message ‘‘found [Applicant] non-compliant with from someone who has personally Drug Enforcement Administration the probationary terms of its June 2017 order, ultimately resulting in the impacted by having made the wrong [Docket No. 20–21] decision.’’ RX 9. It appears the revocation of his California Physician’s Respondent’s outreach to physicians, Emmanuel A. Ayodele, M.D.; Decision and Surgeon’s Certificate.’’ Govt Motion, and Order at 3–4. Further, the Government noted *E Removed text. I agree with the Government that that the MBC had denied Applicant’s the District Court’s findings on acceptance of On April 29, 2020, the Assistant Petition for Review of his revocation on responsibility are not binding on this agency, see Administrator, Diversion Control April 14, 2020. Id. In light of these facts, Govt Posthearing Brief, at 9; however, I also agree Division, Drug Enforcement the Government argued that DEA must with the ALJ that these findings are relevant in that they further support the ALJ’s finding of Administration (hereinafter, DEA or deny Applicant’s application. Id. at 5. Respondent’s credible acceptance of responsibility. Government), issued an Order to Show On July 15, 2020, Applicant filed See Mohammed Asgar, MD., 83 FR at 29573 n.3. Cause (hereinafter, OSC) to Emmanuel ‘‘Applicant’s Reply’’ (hereinafter, App

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Reply), in which he argued that there practitioner in schedules II–V, with the before me, I find that Applicant are no proceedings to stay, because proposed registered location of 1406 W currently is not licensed to engage in the Applicant is not requesting an action on 134th Street, Compton, California practice of medicine in California. his application at this time; therefore, he 90222. Govt Motion Exhibit (hereinafter, Discussion argued that the ‘‘sole issue presented is GX) 2 (Certification of Registration whether the DEA should withhold History), at 1. Applicant’s application requests action on [Applicant’s] application— registration as a ‘‘practitioner’’ in The Status of Applicant’s California California. GX 1 (Applicant’s which was submitted before his License [California] medical license was Application). With respect to a revoked—until a final judgment is On February 3, 2020, the MBC practitioner, the DEA has also long held entered on his state petition for judicial revoked Applicant’s medical license. that the possession of authority to review of the MBC’s decision.’’ App GX 3 (MBC Order), at 19. According to dispense controlled substances under Reply, at 1. the Order, Applicant was suspended by the laws of the state in which a On July 21, 2020, the Chief ALJ issued the MBC following Applicant’s October practitioner engages in professional an Order Granting the Government’s 10, 2013 felony conviction for health practice is a fundamental condition for Motion for Summary Disposition, and care fraud. Id. On June 16, 2017, the obtaining and maintaining a Recommended Rulings, Findings of MBC adopted a Stipulated Settlement practitioner’s registration. See, e.g., Fact, Conclusions of Law, and and Disciplinary Order, which imposed James L. Hooper, M.D., 76 FR 71371 Recommended Decision of the a period of probation, during which (2011), pet. for rev. denied, 481 F. App’x Administrative Law Judge (hereinafter, Applicant would be required to 826 (4th Cir. 2012); Frederick Marsh Summary Disposition or SD). The Chief complete continuing medical education Blanton, M.D., 43 FR 27616, 27617 ALJ noted that, ‘‘[c]ontrary to the coursework, perform community (1978). [Applicant’s] assertions . . . the instant service, obtain a psychological This rule derives from the text of two proceedings are, in fact, proceedings.’’ evaluation at his own expense, pay all provisions of the Controlled Substances SD, at 4 (citations omitted). Further, the probation costs, and complete a clinical Act (hereinafter, CSA). Controlled ALJ noted that it appeared that competence assessment program. Id. at Substances Act (hereinafter, CSA). Applicant was not contesting the 3. Applicant failed to meet the terms of Pursuant to section 303(f) of the CSA, a prerequisite to registration as a underlying facts surrounding the his probation and therefore, the MBC practitioner is authorization to dispense grounds for the proceedings. Id. at 5. revoked Applicant’s medical license. controlled substances under the laws of Therefore, the Chief ALJ determined GX 3, at 19. The Applicant petitioned the state in which the Applicant seeks that ‘‘in view of the Applicant’s current the MBC for reconsideration and his to be registered.2 21 U.S.C. 823(f) (‘‘The lack of state authority, denial of the petition was denied on April 14, 2020. Attorney General shall register Applicant’s application stands as the GX 4 (MBC Order Denying Petition for Reconsideration). practitioners . . . to dispense . . . only legally available resolution.’’ Id. According to the online records of the controlled substances . . . if the The Chief ALJ further concluded that California Department of Consumer Applicant is authorized to dispense . . . ‘‘[s]ummary disposition is proper in an Affairs, of which I take official notice, controlled substances under the laws of administrative enforcement proceeding Applicant’s license remains the State in which he practices.’’). where no genuine factual dispute revoked.1 https://search.dca.ca.gov/ Further, the CSA defines ‘‘practitioner’’ exists.’’ Id. at 6 (citing Veg-Mix, Inc. v. results (last visited date of signature of as ‘‘a physician . . . or other person U.S. Dept. of Agriculture, 832 F.3d 601, this Order). California’s online records licensed, registered, or otherwise 607 (D.C. Cir. 1987) (comparing the show that Applicant’s medical license permitted, by . . . the jurisdiction in standard for summary disposition in an remains revoked and that Applicant is which he practices ..., to distribute, administrative proceeding to summary not authorized in California to practice dispense, . . . [or] administer . . . a judgment in a civil proceeding); Citizens medicine. Id. controlled substance in the course of for Allegan County, Inc. v. Federal As the Chief ALJ noted, Applicant professional practice.’’ 21 U.S.C. Power Commission, 414 F.2d 1125, 1128 does not appear to contest the status of 802(21). (D.C. Cir. 1969) (affirming that ‘‘the right his medical license or his state The Agency has long interpreted these of opportunity for hearing does not authorization to handle controlled statutory requirements strictly. The require a procedure that will be empty substances. See SD, at 5 (citing App ‘‘controlling question’’ is ‘‘whether the sound and show, signifying nothing’’)). Reply, at 2). Based on the entire record Applicant is currently authorized to By letter dated August 18, 2020, the handle controlled substances in the ALJ certified and transmitted the record 1 Under the Administrative Procedure Act, an state.’’ Anne Lazar Thorn, M.D., 62 FR to me for final Agency action. In that agency ‘‘may take official notice of facts at any stage 12847, 12848 (1997); see also Frederick letter, the ALJ advised that neither party in a proceeding—even in the final decision.’’ Marsh Blanton, M.D., 43 FR 27616 filed exceptions. I find that the time United States Department of Justice, Attorney General’s Manual on the Administrative Procedure (1978). Accordingly, the Agency has period to file exceptions has expired. Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint rejected arguments that it should relax See 21 CFR 1316.66. 1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an these statutory requirements. For I issue this Decision and Order based agency decision rests on official notice of a material example, the Agency rejected as ‘‘of no on the entire record before me. 21 CFR fact not appearing in the evidence in the record, a party is entitled, on timely request, to an consequence’’ the fact that the MBC 1301.43(e). I make the following opportunity to show the contrary.’’ Accordingly, summarily suspended a doctor’s findings of fact. Applicant may dispute my finding by filing a California medical license. Robert T. properly supported motion for reconsideration Perez, M.D., 84 FR 3247, 3248 (2019). Findings of Fact within fifteen calendar days of the date of this Order. Any such motion shall be filed with the ‘‘What is consequential,’’ the Agency Applicant’s DEA Registration Office of the Administrator and a copy shall be On or about June 6, 2018, Applicant served on the Government. In the event Applicant 2 ‘‘[D]ispense[ ] means to deliver a controlled files a motion, the Government shall have fifteen substance to an ultimate user . . . by, or pursuant filed an application (Application calendar days to file a response. Any such motion to the lawful order of, a practitioner, including the Control No. H18074119C) for a DEA and response may be filed and served by email prescribing and administering of a controlled Certificate of Registration as a ([email protected]). substance. . . .’’ 21 CFR 802(10).

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determined, ‘‘is my finding that DEPARTMENT OF LABOR supplied by such firm, have increased; Registrant is no longer currently OR authorized to dispense controlled Employment and Training (III) imports of articles directly substances in California, the State in Administration incorporating one or more component which he is registered.’’ Id. Similarly, parts produced outside the United the Agency rejected as ‘‘of no Notice of Determinations Regarding States that are like or directly Eligibility To Apply for Trade consequence’’ the argument that the competitive with imports of articles Adjustment Assistance MBC had not yet afforded the doctor a incorporating one or more component hearing to challenge the suspension of In accordance with the Section 223 parts produced by such firm have his California medical license. Frank D. (19 U.S.C. 2273) of the Trade Act of increased; Li, M.D., 82 FR 11238, 11240 (2017). See 1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as AND also Miles J. Nelson, M.D., 84 FR 3248, amended, the Department of Labor (iii) the increase in imports described 3250 (2019) (summary suspension of herein presents summaries of in clause (ii) contributed importantly to state authority or state authority determinations regarding eligibility to such workers’ separation or threat of pending a final decision on the merits apply for trade adjustment assistance separation and to the decline in the are of no consequence); Bourne under Chapter 2 of the Act (‘‘TAA’’) for sales or production of such firm; OR Pharmacy, Inc., 72 FR 18273, 18274 workers by (TA–W) number issued (B) Shift in Production or Services to a (2007) (‘‘Under the . . . [CSA], it is during the period of March 1, 2021 Foreign Country Path OR Acquisition of irrelevant that Applicant’s state through March 31, 2021. (This Notice Articles or Services From a Foreign registration is being held in escrow primarily follows the language of the Country Path pending state proceedings. Under the Trade Act. In some places however, (i) (I) there has been a shift by such changes such as the inclusion of . . . [CSA], a practitioner must be workers’ firm to a foreign country in the subheadings, a reorganization of currently authorized to handle production of articles or the supply of language, or ‘‘and,’’ ‘‘or,’’ or other words controlled substances in ‘the services like or directly competitive are added for clarification.) jurisdiction in which [it] practices’ in with articles which are produced or order to maintain its DEA Section 222(a)—Workers of a Primary services which are supplied by such registration.’’). Firm firm; OR According to California statute, ‘‘[n]o In order for an affirmative (II) such workers’ firm has acquired person other than a physician . . . shall determination to be made for workers of from a foreign country articles or write or issue a prescription.’’ Cal. a primary firm and a certification issued services that are like or directly Health & Safety Code § 11150 (West regarding eligibility to apply for TAA, competitive with articles which are 2021). Further, ‘‘physician,’’ as defined the group eligibility requirements under produced or services which are by California statute, is a person who is Section 222(a) of the Act (19 U.S.C. supplied by such firm; ‘‘licensed to practice’’ in California. Id. 2272(a)) must be met, as follows: AND at § 11024. (1) The first criterion (set forth in (ii) the shift described in clause (i)(I) Here, the undisputed evidence in the Section 222(a)(1) of the Act, 19 U.S.C. or the acquisition of articles or services record is that Applicant currently lacks 2272(a)(1)) is that a significant number described in clause (i)(II) contributed authority to practice medicine in or proportion of the workers in such importantly to such workers’ separation California. As already discussed, a workers’ firm (or ‘‘such firm’’) have or threat of separation. physician must be a licensed become totally or partially separated, or Section 222(b)—Adversely Affected practitioner to dispense a controlled are threatened to become totally or Secondary Workers substance in California. Thus, because partially separated; In order for an affirmative Applicant lacks authority to practice AND (2(A) or 2(B) below) determination to be made for adversely medicine in California and, therefore, is (2) The second criterion (set forth in affected secondary workers of a firm and not authorized to handle controlled Section 222(a)(2) of the Act, 19 U.S.C. a certification issued regarding substances in California, Applicant is 2272(a)(2)) may be satisfied by either (A) eligibility to apply for TAA, the group not eligible to be granted a DEA the Increased Imports Path, or (B) the eligibility requirements of Section registration. Accordingly, I will order Shift in Production or Services to a 222(b) of the Act (19 U.S.C. 2272(b)) that Applicant’s application for a DEA Foreign Country Path/Acquisition of must be met, as follows: registration be denied. Articles or Services from a Foreign Country Path, as follows: (1) A significant number or proportion Order of the workers in the workers’ firm or (A) Increased Imports Path an appropriate subdivision of the firm Pursuant to 28 CFR 0.100(b) and the (i) The sales or production, or both, of have become totally or partially authority vested in me by 21 U.S.C. such firm, have decreased absolutely; separated, or are threatened to become 823(f), I hereby deny the application AND (ii and iii below) totally or partially separated; submitted by Emmanuel Ayodele, M.D (ii) (I) imports of articles or services AND for a Certificate of Registration, Control like or directly competitive with articles (2) the workers’ firm is a supplier or Number H18074119C, as well as any produced or services supplied by such downstream producer to a firm that other pending application of Emmanuel firm have increased; OR employed a group of workers who Ayodele, M.D. for additional registration (II)(aa) imports of articles like or received a certification of eligibility in California. This Order is effective directly competitive with articles into under Section 222(a) of the Act (19 June 4, 2021. which one or more component parts U.S.C. 2272(a)), and such supply or produced by such firm are directly production is related to the article or D. Christopher Evans, incorporated, have increased; OR service that was the basis for such Acting Administrator. (II)(bb) imports of articles like or certification (as defined in subsection [FR Doc. 2021–09461 Filed 5–4–21; 8:45 am] directly competitive with articles which 222(c)(3) and (4) of the Act (19 U.S.C. BILLING CODE 4410–09–P are produced directly using the services 2272(c)(3) and (4));

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AND Trade Commission as a member of a (B) notice of an affirmative (3) either— domestic industry in an investigation determination described in (A) the workers’ firm is a supplier and resulting in— subparagraph (B) or (C)of paragraph (1) the component parts it supplied to the (A) an affirmative determination of is published in the Federal Register; firm described in paragraph (2) serious injury or threat thereof under AND accounted for at least 20 percent of the section 202(b)(1) of the Act (19 U.S.C. production or sales of the workers’ firm; 2252(b)(1)); OR (3) the workers have become totally or OR (B) an affirmative determination of partially separated from the workers’ (B) a loss of business by the workers’ market disruption or threat thereof firm within— firm with the firm described in under section 421(b)(1)of the Act (19 (A) the 1-year period described in paragraph (2) contributed importantly to U.S.C. 2436(b)(1)); OR paragraph (2); OR the workers’ separation or threat of (C) an affirmative final determination (B) notwithstanding section 223(b) of separation determined under paragraph of material injury or threat thereof under the Act (19 U.S.C. 2273(b)), the 1-year (1). section 705(b)(1)(A) or 735(b)(1)(A) of period preceding the 1-year period the Tariff Act of 1930 (19 U.S.C. Section 222(e)—Firms Identified by the described in paragraph (2). 1671d(b)(1)(A) and 1673d(b)(1)(A)); International Trade Commission AND Affirmative Determinations for Trade In order for an affirmative (2) the petition is filed during the 1- Adjustment Assistance determination to be made for adversely year period beginning on the date on affected workers in firms identified by which— The following certifications have been the International Trade Commission and (A) a summary of the report submitted issued. The date following the company a certification issued regarding to the President by the International name and location of each eligibility to apply for TAA, the group Trade Commission under section determination references the impact eligibility requirements of Section 202(f)(1) of the Trade Act (19 U.S.C. date for all workers of such 222(e) of the Act (19 U.S.C. 2252(f)(1)) with respect to the determination. 2272(e))must be met, by following affirmative determination described in The following certifications have been criteria (1), (2), and (3) as follows: paragraph (1)(A) is published in the issued. The requirements of Section (1) The workers’ firm is publicly Federal Register under section 202(f)(3) 222(a)(2)(A) (Increased Imports Path) of identified by name by the International (19 U.S.C. 2252(f)(3)); OR the Trade Act have been met.