FEDERAL REGISTER
Vol. 86 Wednesday No. 55 March 24, 2021
Pages 15561–15776
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 86, No. 55
Wednesday, March 24, 2021
Agricultural Marketing Service Education Department RULES NOTICES Modification of the Handling Regulation: Agency Information Collection Activities; Proposals, Pears Grown in Oregon and Washington, 15561–15563 Submissions, and Approvals: Budget Information Non-Construction Programs Form and Agriculture Department Instructions, 15659–15660 See Agricultural Marketing Service Title VI Undergraduate International Studies and Foreign See Natural Resources Conservation Service Language Program Application, 15658–15659 Employment and Training Administration Antitrust Division NOTICES NOTICES Agency Information Collection Activities; Proposals, Proposed Final Judgment: Submissions, and Approvals, 15721–15722 United States v. Anheuser-Busch InBev SA/NV, et al. Determinations Regarding Eligibility to Apply for Trade Response to Public Comments, 15700–15711 Adjustment Assistance, 15716–15721 Investigations Regarding Eligibility to Apply for Worker Centers for Disease Control and Prevention Adjustment Assistance, 15714–15715 NOTICES Post-Initial Determinations Regarding Eligiblity to Apply for Meetings: Trade Adjustment Assistance, 15715–15716 Disease, Disability, and Injury Prevention and Control Energy Department Special Emphasis Panel, 15671–15672 See Federal Energy Regulatory Commission NOTICES Children and Families Administration Meetings: NOTICES Environmental Management Site-Specific Advisory Board Agency Information Collection Activities; Proposals, Chairs, 15660 Submissions, and Approvals: Child Care and Development Fund Financial Report, Engineers Corps 15672–15673 NOTICES National Wetland Plant List, 15656–15658 Coast Guard Environmental Protection Agency RULES RULES Special Local Regulations: Final Approval of State Underground Storage Tank Program Charleston Race Week, Charleston, SC, 15585 Revisions, Codification, and Incorporation by Motus Myrtle Beach Triathlon, Myrtle Beach, SC, 15584 Reference: PROPOSED RULES South Carolina, 15596–15602 Safety Zone: Protection of the Stratospheric Ozone: Apra Outer Harbor, Naval Base Guam, 15625–15627 Motor Vehicle Air Conditioning System Servicing, 15587–15596 Commerce Department PROPOSED RULES See Foreign-Trade Zones Board Air Quality State Implementation Plans; Approvals and See International Trade Administration Promulgations: See National Oceanic and Atmospheric Administration Delaware; Nonattainment New Source Review Requirements for 2015 8-Hour Ozone National Defense Department Ambient Air Quality Standard, 15634–15636 See Engineers Corps Final Approval of State Underground Storage Tank Program NOTICES Revisions, Codification, and Incorporation by Arms Sales, 15652–15656 Reference: South Carolina, 15636–15637 NOTICES Disability Employment Policy Office Access to Confidential Business Information by Eastern NOTICES Research Group and its Identified Subcontractors and Agency Information Collection Activities; Proposals, PG Environmental, 15663–15664 Submissions, and Approvals: Agency Information Collection Activities; Proposals, Workforce Recruitment Program, 15713–15714 Submissions, and Approvals: Toxic Substances Control Act Mercury Inventory Drug Enforcement Administration Reporting, 15661–15663 NOTICES Water Quality Standards Regulation, 15665–15666 Importer of Controlled Substances Application: Meetings: Medi-Physics Inc dba GE Healthcare, 15711 Brownfields Stakeholder Discussion and Listening Perkinelmer, Inc., 15711–15712 Session with Nonprofit Organizations and Shertech Laboratories, LLC, 15711 Community Foundations, 15666
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Pesticide Product Registration: Withdrawal of Drug Products from Sale for Reasons other Receipt of Applications for New Active Ingredients than Safety or Effectiveness: (March 2021), 15666–15668 Folic Acid, Oral Tablets, 1 Milligram, and Other Drug Receipt of Applications for New Uses (March 2021), Products, 15682–15683 15664–15665 Request for Submissions: Foreign-Trade Zones Board Safer Choice Partner of the Year Awards for 2021, 15668– NOTICES 15669 Proposed Production Activity: IPR Pharmaceuticals, Inc., Foreign-Trade Zone 7, Federal Aviation Administration Mayaguez, PR, 15642 RULES Lockheed Martin Corp., Lockheed Martin Space, Foreign- Airworthiness Directives: Trade Zone 123, Denver, CO, 15642–15643 Leonardo S.p.a. (Type Certificate Previously Held by Agusta S.p.A.) (Leonardo) Helicopters, 15576–15579 Great Lakes St. Lawrence Seaway Development The Boeing Company Airplanes, 15572–15575 Corporation Standard Instrument Approach Procedures, and Takeoff RULES Minimums and Obstacle Departure Procedures; Tariff of Tolls, 15585–15587 Miscellaneous Amendments, 15579–15584 NOTICES Health and Human Services Department Agency Information Collection Activities; Proposals, See Centers for Disease Control and Prevention Submissions, and Approvals: See Children and Families Administration National Sleep Study, 15769 See Food and Drug Administration See National Institutes of Health Federal Communications Commission NOTICES Homeland Security Department License Revocation Proceeding for Radio Stations: See Coast Guard Auburn Network, Inc., Auburn, AL Market, 15669–15671 See Federal Emergency Management Agency Federal Emergency Management Agency See U.S. Citizenship and Immigration Services NOTICES Housing and Urban Development Department Agency Information Collection Activities; Proposals, Submissions, and Approvals: NOTICES National Household Survey on Disaster Preparedness, Agency Information Collection Activities; Proposals, 15691–15692 Submissions, and Approvals: CARES Act Quarterly Reporting, 15696–15697 Federal Energy Regulatory Commission NOTICES Interior Department Agency Information Collection Activities; Proposals, See Fish and Wildlife Service Submissions, and Approvals, 15660–15661 See Surface Mining Reclamation and Enforcement Office
Federal Maritime Commission International Trade Administration NOTICES NOTICES Agreements Filed, 15671 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Fish and Wildlife Service Carbon and Alloy Steel Cut-to-Length Plate from the RULES Republic of Korea, 15643–15645 Endangered and Threatened Species: Certain Carbon and Alloy Steel Cut-To-Length Plate from Establishment of a Nonessential Experimental Population Belgium, 15648–15650 of the California Condor in the Pacific Northwest, Certain Carbon and Alloy Steel Cut-To-Length Plate from 15602–15623 Italy, 15645–15646 PROPOSED RULES Certain Cut-to-Length Carbon Steel Plate from Ukraine, Endangered and Threatened Species: 15647–15648 90-Day Findings for Three Species, 15637–15639 International Trade Commission Food and Drug Administration NOTICES NOTICES Investigations; Determinations, Modifications, and Rulings, List of Bulk Drug Substances for Which There is a Clinical etc.: Need under the Federal Food, Drug, and Cosmetic Act, Certain Shaker Screens for Drilling Fluids, Components 15673–15682 Thereof, and Related Marketing Materials, 15699– Medical Devices: 15700 Availability of Safety and Effectiveness Summaries for Premarket Approval Applications, 15686–15691 Justice Department Meetings: See Antitrust Division Fiscal Year 2021 Generic Drug Science and Research See Drug Enforcement Administration Initiatives Workshop; Public Workshop, 15683–15685 See National Institute of Justice The Drug Supply Chain Security Act Pilot Project NOTICES Program and Enhanced Drug Distribution Security; Proposed Consent Decree: Reopening of the Comment Period, 15685–15686 United States v. John Raftopoulos, et al., 15712
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Labor Department Nuclear Regulatory Commission See Disability Employment Policy Office RULES See Employment and Training Administration List of Approved Spent Fuel Storage Casks: See Occupational Safety and Health Administration TN Americas LLC Standardized NUHOMS Horizontal NOTICES Modular Storage System, Certificate of Compliance Agency Information Collection Activities; Proposals, No. 1004, Renewed Amendment No. 17, 15563– Submissions, and Approvals: 15568 Material Hoists, Personnel Hoists and Elevators, 15722– PROPOSED RULES 15723 List of Approved Spent Fuel Storage Casks: Workforce Innovation and Opportunity Act Joint TN Americas LLC Standardized NUHOMS Horizontal Quarterly Narrative Performance Report, 15722 Modular Storage System, Certificate of Compliance No. 1004, Renewed Amendment No. 17, 15624– National Credit Union Administration 15625 NOTICES RULES License Amendment Request: Central Liquidity Facility, 15568–15572 Tennessee Valley Authority, Watts Bar Nuclear Plant, Unit 2, 15727–15732 National Endowment for the Arts NOTICES Occupational Safety and Health Administration Meetings: NOTICES Arts Advisory Panel, 15726 Grant of Expansion of Recognition: TUV Rheinland of North America, Inc., 15723–15724 National Foundation on the Arts and the Humanities TUV SUD America, Inc., 15724–15726 See National Endowment for the Arts Presidential Documents PROCLAMATIONS National Highway Traffic Safety Administration Special Observances: NOTICES National Poison Prevention Week (Proc. 10157), 15773– Petition for Decision of Inconsequential Noncompliance: 15776 Nissan North America, Inc., 15769–15771 Securities and Exchange Commission National Institute of Justice NOTICES NOTICES Agency Information Collection Activities; Proposals, Request for Information: Submissions, and Approvals, 15733–15734 Law Enforcement Mental Health and Wellness Self-Regulatory Organizations; Proposed Rule Changes: Application Software Market Survey, 15712–15713 ICE Clear Credit, LLC, 15747–15750 MIAX Emerald, LLC, 15759–15763 National Securities Clearing Corp., 15738–15747, 15750– National Institutes of Health 15759 NOTICES New York Stock Exchange, LLC, 15732, 15734–15738 Meetings: NYSE American, LLC, 15732–15733 National Institute of Diabetes and Digestive and Kidney NYSE Arca, Inc., 15764–15765 Diseases, 15691 NYSE Chicago, Inc., 15765 Office of the Director, 15691 NYSE National, Inc., 15763–15764 The Nasdaq Stock Market, LLC, 15747 National Oceanic and Atmospheric Administration NOTICES Surface Mining Reclamation and Enforcement Office Endangered and Threatened Species: NOTICES Announcement of a Recovery Planning Workshop to Agency Information Collection Activities; Proposals, Inform Recovery Planning for 15 ESA listed Indo- Submissions, and Approvals: Pacific Coral Species, 15650–15651 Areas Designated by Act of Congress, 15698 Permit Application: Grants to States and Tribes, 15698–15699 Marine Mammals; File No. 25581, 15651–15652 Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan, National Science Foundation 15697–15698 NOTICES Surface Transportation Board Requests for Nominations: NOTICES Membership on Directorate and Office Advisory Control Exemption: Committees, 15726–15727 RFM Holdco LLC, Pioneer Railcorp, et al.; The Baupost Group, L.L.C. and US Infravest Managers LP, Pioneer Natural Resources Conservation Service Railcorp, et al., 15765–15768 NOTICES Quarterly Rail Cost Adjustment Factor, 15765 Environmental Impact Statements; Availability, etc.: Coon Creek Watershed, La Crosse, Vernon, and Monroe Transportation Department Counties, WI, 15640–15641 See Federal Aviation Administration West Fork Kickapoo Watershed, Monroe and Vernon See Great Lakes St. Lawrence Seaway Development Counties, WI, 15641–15642 Corporation
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See National Highway Traffic Safety Administration Veterans Affairs Department PROPOSED RULES Transplant Procedures with Live Donors and Related Care U.S. Citizenship and Immigration Services and Services, 15628–15634 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Separate Parts In This Issue Immigrant Petition by Alien Investor, 15693–15694 Nonimmigrant Petition Based on Blanket L Petition, Part II 15695–15696 Presidential Documents, 15773–15776 Request for Hearing on a Decision in Naturalization Proceedings, 15692–15693 Designation of Venezuela for Temporary Protected Status Reader Aids and Implementation of Employment Authorization for Consult the Reader Aids section at the end of this issue for Venezuelans Covered by Deferred Enforced Departure; phone numbers, online resources, finding aids, and notice Correction, 15694–15695 of recently enacted public laws. To subscribe to the Federal Register Table of Contents Unified Carrier Registration Plan electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or Meetings; Sunshine Act, 15771 manage your subscription.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 10157...... 15775 7 CFR 927...... 15561 10 CFR 72...... 15563 Proposed Rules: 72...... 15624 12 CFR 725...... 15568 14 CFR 39 (2 documents) ...... 15572, 15576 97 (2 documents) ...... 15579, 15583 33 CFR 100 (2 documents) ...... 15584, 15585 402...... 15585 Proposed Rules: 165...... 15625 38 CFR Proposed Rules: 17...... 15628 40 CFR 82...... 15587 281...... 15596 282...... 15596 Proposed Rules: 52...... 15634 281...... 15636 282...... 15636 50 CFR 17...... 15602 Proposed Rules: 17...... 15637
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Rules and Regulations Federal Register Vol. 86, No. 55
Wednesday, March 24, 2021
This section of the FEDERAL REGISTER Agreement Act of 1937, as amended (7 Section 927.51 authorizes the contains regulatory documents having general U.S.C. 601–674), hereinafter referred to Committee, with the approval of USDA, applicability and legal effect, most of which as the ‘‘Act.’’ The Fresh Pear Committee to regulate the handling of pears grown are keyed to and codified in the Code of (Committee) locally administers the within the production area of Oregon Federal Regulations, which is published under Order and is comprised of growers and and Washington. Section 927.52 50 titles pursuant to 44 U.S.C. 1510. handlers of pears operating within stipulates the prerequisites for The Code of Federal Regulations is sold by Oregon and Washington, and a public recommendations made by the the Superintendent of Documents. member. Committee with regards to the issuance, The Department of Agriculture modification, suspension, or (USDA) is issuing this final rule in termination of handling regulations DEPARTMENT OF AGRICULTURE conformance with Executive Orders established under the authority of 13563 and 13175. This action falls § 927.51. Section 927.316 sets forth the Agricultural Marketing Service within a category of regulatory actions handling requirements for fresh Anjou that the Office of Management and pears. 7 CFR Part 927 Budget (OMB) exempted from Executive At its May 26, 2020, meeting, the [Doc. No. AMS–SC–20–0063; SC20–927–1 Order 12866 review. Committee recommended modification FR] This final rule has been reviewed of the handling regulation for the 2021– under Executive Order 12988, Civil 2022 and subsequent fiscal periods. The Pears Grown in Oregon and Justice Reform. This final rule is not Committee’s recommendation was not Washington; Modification of the intended to have retroactive effect. unanimous but met the requirements of Handling Regulation The Act provides that administrative § 927.52 for recommendations to modify AGENCY: Agricultural Marketing Service, proceedings must be exhausted before the Order’s handling regulation. For USDA. parties may file suit in court. Under recommendations to change the section 608c(15)(A) of the Act, any handling regulations, the Committee ACTION: Final rule. handler subject to a marketing order vote is weighted by volume. The Order SUMMARY: This final rule modifies the may file with USDA a petition stating provision allocates Committee members handling regulation prescribed under that the order, any provision of the one vote for each 25,000 boxes of the the Federal marketing order regulating order, or any obligation imposed in average quantity of such variety or the handling of pears grown in Oregon connection with the order is not in subvariety produced in their district and and Washington. accordance with law and request a shipped therefrom during the modification of the order or to be immediately preceding three fiscal DATES: Effective April 23, 2021. exempted therefrom. A handler is periods. The provision further requires FOR FURTHER INFORMATION CONTACT: Dale afforded the opportunity for a hearing that recommendations for changes to the Novotny, Marketing Specialist, or Gary on the petition. After the hearing, USDA handling regulations shall be affirmed Olson, Regional Director, Northwest would rule on the petition. The Act by members representing no less than Marketing Field Office, Marketing Order provides that the district court of the 80 percent of the volume of the variety and Agreement Division, Specialty United States in any district in which or subvariety affected. There were 397 Crops Program, AMS, USDA; the handler is an inhabitant, or has his votes cast at the meeting. The Telephone: (503) 326–2724 or email: or her principal place of business, has Committee voted 343 (86 percent) in [email protected] or jurisdiction to review USDA’s ruling on favor of the recommendation, 48 votes [email protected]. the petition, provided an action is filed (12 percent) opposed, with 6 votes (2 Small businesses may request no later than 20 days after the date of percent) abstaining. The voters in information on complying with this the entry of the ruling. opposition expressed concern that the regulation by contacting Richard Lower, This final rule modifies the handling modification of the handling regulation Marketing Order and Agreement regulation prescribed under the could hamper total sales of early season Division, Specialty Crops Program, marketing order for pears grown in Anjou pears. The members abstaining AMS, USDA, 1400 Independence Oregon and Washington. This action represented very little, if any, Anjou Avenue SW, STOP 0237, Washington, decreases from 14 pounds to 13 pounds, production. DC 20250–0237; Telephone: (202) 720– the maximum acceptable pressure for The Committee discussed the 2491, or email: Richard.Lower@ early season Beurre D’Anjou variety modification of the handling regulation usda.gov. pears shipped throughout the specific to early season Anjou pears SUPPLEMENTARY INFORMATION: This Continental United States and to Canada several times in the past. The action, pursuant to 5 U.S.C. 553, during the period August 15 to Committee established a subcommittee amends regulations issued to carry out November 1. The maximum pressure for to talk with industry members and a marketing order as defined in 7 CFR Anjou pear shipments to Mexico during researchers to weigh the benefits of 900.2(j). This rule is issued under this period remains at 14 pounds. In different regulatory options. Research Marketing Agreement and Order No. addition, this action removes the conducted using Committee funds has 927, as amended (7 CFR part 927), exemption from handling requirements demonstrated that Anjou pears regulating the handling of pears grown for Anjou pear shipments of 8,800 harvested at higher pressures tend to not in Oregon and Washington. Part 927 pounds or less. The Committee ripen properly. Most North American (referred to as the ‘‘Order’’) is effective recommended these actions at its May consumers prefer a pear that will ripen under the Agricultural Marketing 26, 2020, meeting. and be ready to eat quickly after
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purchase. Lowering the maximum less than $1,000,000, and small greater returns to handlers and growers pressure requirement by 1 pound, from agricultural service firms have been by encouraging repeat consumption of 14 pounds to 13 pounds for the defined as those whose annual receipts fresh Anjou pears due to an improved Continental United States and Canada, are less than $30,000,000 (13 CFR eating experience. will help ensure consumers in those 121.201). Prior to arriving at its areas consistently receive the product According to the most recent data recommendation to modify the handling they prefer. International market and from the National Agricultural Statistics regulation, the Committee discussed consumer research conducted for the Service (NASS), the national average various alternatives, including Committee has demonstrated that the producer price for non-Bartlett fresh maintaining the current handling Mexican market is more receptive to a pears for the 2017 marketing year (the regulation, decreasing the acceptable firmer pear, which led to the decision to most current year for NASS pear data) pressure further, shortening the leave the pressure at 14 pounds for early ranged from $748 to $788 per ton or regulation period, and extending the season shipments to Mexico. $16.46 to $17.34 per 44-pound standard requirement to shipments to Mexico. In addition, removing the 8,800 box. The Committee reported that for After several failed motions and much minimum quantity exemption will the same full year of records, total deliberation, the Committee determined ensure that even small shipments of shipments of non-Bartlett pears for the that the recommended modification was early season Anjou pears conform to the fresh market from the production area the most beneficial option for the maximum pressure requirements and were 11,875,202 boxes. Using the NASS industry and consumers of pears. that all product shipped during this price range from the 2017 marketing In accordance with the Paperwork period is of similar quality. year, the total 2017 farm gate value of Reduction Act of 1995 (44 U.S.C. The Committee derived its the fresh, non-Bartlett pear crop could Chapter 35), the Order’s information recommendation to modify the handling therefore be estimated to be between collection requirements have been regulation from lengthy discussions $195,465,825 and $205,916,003. previously approved by the OMB and with industry members at multiple Dividing the crop value by the estimated assigned OMB No. 0581–0189, Fruit public meetings, from subcommittee number of growers (838) yields an Crops. No changes in those input, and from research conducted estimated average receipt per producer requirements are necessary as a result of using Committee funds. of between $233,253 and $245,723, this action. Should any changes become This rule lowers the acceptable which is well below the SBA threshold necessary, they would be submitted to pressure, from 14 pounds to 13 pounds, for small producers. OMB for approval. of early season Anjou pear shipments USDA Market News reported a freight This rule will not impose any destined for the Continental United on board (FOB) average price (including additional reporting or recordkeeping States and Canada, and removes the palletizing and cooling) of $24.45 per requirements on either small or large minimum quantity exemption for all 44-pound bag or equivalent of pears pear handlers. As with all Federal early season Anjou shipments. It is the shipped in 2019. Multiplying this marketing order programs, reports and Committee’s determination that this average FOB price by the Committee forms are periodically reviewed to modification will increase consumer recorded total 2019 shipments of reduce information requirements and preference for Anjou pears in the fresh 13,811,500 44-pound bags of fresh pears duplication by industry and public fruit market by delivering a better eating results in an estimated gross value of sector agencies. USDA has not experience and will provide increased fresh pear shipments of $337,691,175. identified any relevant Federal rules returns to handlers and growers. Dividing this figure by the number of that duplicate, overlap, or conflict with handlers (32) yields estimated average this final rule. Final Regulatory Flexibility Analysis annual handler receipts of $10,552,849, AMS is committed to complying with Pursuant to requirements set forth in which is below the SBA threshold for the E-Government Act, to promote the the Regulatory Flexibility Act (RFA) (5 small agricultural service firms. use of the internet and other U.S.C. 601–612), the Agricultural Therefore, using the above data, the information technologies to provide Marketing Service (AMS) has majority of producers and handlers of increased opportunities for citizen considered the economic impact of this pears in the production area may be access to Government information and action on small entities. Accordingly, classified as small entities. services, and for other purposes. AMS has prepared this final regulatory This final rule decreases from 14 The Committee’s May 26, 2020, flexibility analysis. pounds to 13 pounds, the maximum meeting was widely publicized The purpose of the RFA is to fit acceptable pressure for early season throughout the pear industry. All regulatory actions to the scale of Anjou variety pears shipped throughout interested persons were invited to businesses subject to such actions in the Continental United States and to attend the meeting and encouraged to order that small businesses will not be Canada, during the period August 15 to participate in the deliberations on all unduly or disproportionately burdened. November 1. The maximum pressure for issues. Like all Committee meetings, the Marketing orders issued pursuant to the Anjou pear shipments to Mexico during meeting was a public meeting, and all Act, and the rules issued thereunder, are this period remains unchanged at 14 entities, both large and small, were able unique in that they are brought about pounds. In addition, this action removes to express their views on these issues. through group action of essentially the handling requirement exemption for A proposed rule concerning this small entities acting on their own early season Anjou pear shipments of action was published in the Federal behalf. 8,800 pounds or less. All other Register on October 19, 2020 (85 FR There are approximately 838 growers requirements in the Order’s handling 66283). Copies of the proposal were of pears for the fresh market in the regulations remain unchanged. provided by the Committee to its regulated area and approximately 32 Authority for this action is contained in members and handlers. The proposed handlers of pears who are subject to § 927.51. rule was made available through the regulation under the Order. Small This rule is expected to benefit the internet by USDA and the Office of the agricultural producers are defined by growers, handlers, and consumers of Federal Register. A 60-day comment the Small Business Administration fresh pears. The Committee anticipates period ending December 18, 2020, was (SBA) as those having annual receipts of that this modification will lead to provided to allow interested persons to
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respond to the proposal. Two comments (a) Shipments of fresh Beurre D’Anjou specifications to add Heat Load Zoning were received. One of the comments variety pears throughout the Continental Configurations 11–13 for the 61BTH favored this action, and the other was United States or to Canada shall have a Type 2 dry shielded canister and change not supportive of this rule. certification by the Federal-State the maximum assembly heat load from The comment that supported the rule Inspection Service, issued prior to 1.2 kW to 1.7 kW. This amendment also did not address the merits of this action. shipment, showing that the core/pulp makes minor clarifications to the The comment not in favor of the rule temperature of such pears has been certificate of compliance. challenged the assumption—that these lowered to 35 degrees Fahrenheit or less DATES: This direct final rule is effective changes affecting the ripening of Anjou and any such pears have an average June 7, 2021, unless significant adverse pears would increase sales—as being pressure test of 13 pounds or less. comments are received by April 23, without merit. This comment also (b) Shipments of fresh Beurre D’Anjou 2021. If this direct final rule is included that the removal of the variety pears to Mexico shall have a withdrawn as a result of such minimum quantity exemption for certification by the Federal-State comments, timely notice of the shipments will affect small farmers. The Inspection Service, issued prior to withdrawal will be published in the Committee-funded research showed that shipment, showing that the core/pulp Federal Register. Comments received fruits at lower pressures were ripening temperature of such pears has been after this date will be considered if it is properly; and following consumer lowered to 35 degrees Fahrenheit or less practical to do so, but the NRC is able preferences, would lead to a better and any such pears have an average to ensure consideration only for eating experience, increased repeat pressure test of 14 pounds or less. comments received on or before this purchases, and increased sales of Anjou (c) The handler shall submit, or cause date. Comments received on this direct pears. By removing the minimum to be submitted, a copy of the certificate final rule will also be considered to be quantity exemption for shipments, all issued on the shipment to the Fresh comments on a companion proposed Anjou pears are subjected to the new Pear Committee. rule published in the Proposed Rules regulation which will improve grower section of this issue of the Federal Bruce Summers, returns including those to small farmers. Register. Accordingly, no changes will be made Administrator, Agricultural Marketing Service. ADDRESSES: You may submit comments to the rule as proposed. [FR Doc. 2021–05926 Filed 3–23–21; 8:45 am] by any of the following methods: A small business guide on complying • Federal Rulemaking Website: Go to BILLING CODE 3410–02–P with fruit, vegetable, and specialty crop https://www.regulations.gov and search marketing agreements and orders may for Docket ID NRC–2020–0274. Address be viewed at: https:// questions about NRC dockets to Dawn www.ams.usda.gov/rules-regulations/ NUCLEAR REGULATORY Forder; telephone: 301–415–3407; moa/small-businesses. Any questions COMMISSION email: [email protected]. For about the compliance guide should be 10 CFR Part 72 technical questions contact the sent to Richard Lower at the previously individuals listed in the FOR FURTHER mentioned address in the FOR FURTHER [NRC–2020–0274] INFORMATION CONTACT section of this INFORMATION CONTACT section. document. After consideration of all relevant RIN 3150–AK57 • Email comments to: material presented, including the [email protected]. If you information and recommendation List of Approved Spent Fuel Storage Casks: TN Americas LLC Standardized do not receive an automatic email reply submitted by the Committee and other confirming receipt, then contact us at NUHOMS® Horizontal Modular Storage available information, it is hereby found 301–415–1677. System, Certificate of Compliance No. that this rule will tend to effectuate the • Mail comments to: Secretary, U.S. 1004, Renewed Amendment No. 17 declared policy of the Act. Nuclear Regulatory Commission, List of Subjects in 7 CFR Part 927 AGENCY: Nuclear Regulatory Washington, DC 20555–0001, ATTN: Commission. Rulemakings and Adjudications Staff. Marketing agreements, Pears, For additional direction on obtaining ACTION: Direct final rule. Reporting and recordkeeping information and submitting comments, requirements. SUMMARY: The U.S. Nuclear Regulatory see ‘‘Obtaining Information and For the reasons set forth in the Commission (NRC) is amending its Submitting Comments’’ in the preamble, 7 CFR part 927 is amended as spent fuel storage regulations by SUPPLEMENTARY INFORMATION section of follows: revising the TN Americas LLC this document. Standardized NUHOMS® Horizontal FOR FURTHER INFORMATION CONTACT: Yen- PART 927—PEARS GROWN IN Modular Storage System listing within Ju Chen, Office of Nuclear Material OREGON AND WASHINGTON the ‘‘List of approved spent fuel storage Safety and Safeguards; telephone: 301– casks’’ to include Renewed Amendment 415–1018; email: [email protected] ■ 1. The authority citation for 7 CFR No. 17 to Certificate of Compliance No. or Alexa Sieracki, Office of Nuclear part 927 continues to read as follows: 1004. Because this amendment is Material Safety and Safeguards; Authority: 7 U.S.C. 601–674. subsequent to the renewal of the TN telephone: 301–415–7509; email: ® ■ 2. Section 927.316 is revised to read Americas LLC Standardized NUHOMS [email protected]. Both are staff of as follows: Horizontal Modular System Certificate the U.S. Nuclear Regulatory of Compliance No. 1004 and, therefore, Commission, Washington, DC 20555– § 927.316 Handling regulation. subject to the Aging Management 0001. During the period August 15 through Program requirements of the renewed SUPPLEMENTARY INFORMATION: November 1, no person shall handle any certificate, it is referred to as ‘‘Renewed fresh Beurre D’Anjou variety pears Amendment No. 17.’’ Renewed Table of Contents unless such pears meet the following Amendment No. 17 revises the I. Obtaining Information and Submitting requirements: certificate of compliance technical Comments
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II. Rulemaking Procedure comment submissions to remove (c) The comment raises a relevant III. Background identifying or contact information. issue that was not previously addressed IV. Discussion of Changes If you are requesting or aggregating or considered by the NRC. V. Voluntary Consensus Standards (2) The comment proposes a change VI. Agreement State Compatibility comments from other persons for VII. Plain Writing submission to the NRC, then you should or an addition to the rule, and it is VIII. Environmental Assessment and Finding inform those persons not to include apparent that the rule would be of No Significant Impact identifying or contact information that ineffective or unacceptable without IX. Paperwork Reduction Act Statement they do not want to be publicly incorporation of the change or addition. X. Regulatory Flexibility Certification disclosed in their comment submission. (3) The comment causes the NRC to XI. Regulatory Analysis Your request should state that the NRC make a change (other than editorial) to XII. Backfitting and Issue Finality does not routinely edit comment the rule, certificate of compliance, or XIII. Congressional Review Act technical specifications. XIV. Availability of Documents submissions to remove such information before making the comment III. Background I. Obtaining Information and submissions available to the public or Section 218(a) of the Nuclear Waste Submitting Comments entering the comment into ADAMS. Policy Act of 1982, as amended, A. Obtaining Information II. Rulemaking Procedure requires that ‘‘[t]he Secretary [of the Department of Energy] shall establish a Please refer to Docket ID NRC–2020– This rule is limited to the changes demonstration program, in cooperation 0274 when contacting the NRC about contained in Renewed Amendment No. with the private sector, for the dry the availability of information for this 17 to Certificate of Compliance No. 1004 storage of spent nuclear fuel at civilian action. You may obtain publicly and does not include other aspects of nuclear power reactor sites, with the available information related to this the TN Americas LLC, Standardized objective of establishing one or more action by any of the following methods: NUHOMS® Cask System design. The • technologies that the [Nuclear Federal Rulemaking Website: Go to NRC is using the ‘‘direct final rule Regulatory] Commission may, by rule, https://www.regulations.gov and search procedure’’ to issue this amendment approve for use at the sites of civilian for Docket ID NRC–2020–0274. because it represents a limited and • NRC’s Agencywide Documents nuclear power reactors without, to the routine change to an existing certificate Access and Management System maximum extent practicable, the need of compliance that is expected to be (ADAMS): You may obtain publicly for additional site-specific approvals by non-controversial. The NRC has available documents online in the the Commission.’’ Section 133 of the determined that, with the requested ADAMS Public Documents collection at Nuclear Waste Policy Act states, in part, changes, adequate protection of public https://www.nrc.gov/reading-rm/ that ‘‘[t]he Commission shall, by rule, health and safety continues to be adams.html. To begin the search, select establish procedures for the licensing of reasonably assured. The amendment to ‘‘Begin Web-based ADAMS Search.’’ For any technology approved by the the rule will become effective on June problems with ADAMS, please contact Commission under Section 219(a) [sic: 7, 2021. However, if the NRC receives the NRC’s Public Document Room (PDR) 218(a)] for use at the site of any civilian any significant adverse comments on reference staff at 1–800–397–4209, 301– nuclear power reactor.’’ this direct final rule by April 23, 2021, 415–4737, or by email to pdr.resource@ To implement this mandate, the then the NRC will publish a document nrc.gov. For the convenience of the Commission approved dry storage of that withdraws this action and will reader, instructions about obtaining spent nuclear fuel in NRC-approved subsequently address the comments materials referenced in this document casks under a general license by received in a final rule as a response to are provided in the ‘‘Availability of publishing a final rule that added a new the companion proposed rule published Documents’’ section. subpart K in part 72 of title 10 of the in the Proposed Rules section of this • Attention: The Public Document Code of Federal Regulations (10 CFR) issue of the Federal Register. Absent Room (PDR), where you may examine entitled ‘‘General License for Storage of significant modifications to the and order copies of public documents, Spent Fuel at Power Reactor Sites’’ (55 proposed revisions requiring is currently closed. You may submit FR 29181; July 18, 1990). This rule also republication, the NRC will not initiate your request to the PDR via email at established a new subpart L in 10 CFR a second comment period on this action. [email protected] or call 1–800– part 72 entitled ‘‘Approval of Spent Fuel 397–4209 between 8:00 a.m. and 4:00 A significant adverse comment is a Storage Casks,’’ which contains p.m. (EST), Monday through Friday, comment where the commenter procedures and criteria for obtaining except Federal holidays. explains why the rule would be NRC approval of spent fuel storage cask inappropriate, including challenges to designs. The NRC subsequently issued a B. Submitting Comments the rule’s underlying premise or final rule on December 22, 1994 (59 FR The NRC encourages electronic approach, or would be ineffective or 65898) that approved the TN Americas comment submission through the unacceptable without a change. A LLC Standardized NUHOMS® System Federal Rulemaking website (https:// comment is adverse and significant if: design and added it to the list of NRC- www.regulations.gov). Please include (1) The comment opposes the rule and approved cask designs in § 72.214 as Docket ID NRC–2020–0274 in your provides a reason sufficient to require a Certificate of Compliance No. 1004. comment submission. substantive response in a notice-and- The NRC cautions you not to include comment process. For example, a IV. Discussion of Changes identifying or contact information that substantive response is required when: On June 11, 2020, TN Americas LLC you do not want to be publicly (a) The comment causes the NRC to submitted a request to the NRC to disclosed in your comment submission. reevaluate (or reconsider) its position or amend Certificate of Compliance No. The NRC will post all comment conduct additional analysis; 1004. TN Americas LLC supplemented submissions at https:// (b) The comment raises an issue its request on September 11, 2020. www.regulations.gov as well as enter the serious enough to warrant a substantive Renewed Amendment No. 17 revises the comment submissions into ADAMS. response to clarify or complete the certificate of compliance technical The NRC does not routinely edit record; or specifications to (1) add Heat Load
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Zoning Configurations 11–13 for the Standardized NUHOMS® Horizontal No. 17 to Certificate of Compliance No. 61BTH Type 2 dry shielded canister and Modular Storage System cask design 1004. (2) change the maximum assembly heat listed in § 72.214, ‘‘List of approved B. The Need for the Action load from 1.2 kW to 1.7 kW. This spent fuel storage casks.’’ This action amendment also includes minor does not constitute the establishment of This direct final rule amends the clarification changes. a standard that contains generally certificate of compliance for the TN ® As documented in the preliminary applicable requirements. Americas LLC Standardized NUHOMS safety evaluation report (ADAMS System design within the list of Accession No. ML20308A495), the NRC VI. Agreement State Compatibility approved spent fuel storage casks to performed a safety evaluation of the Under the ‘‘Agreement State Program allow power reactor licensees to store proposed certificate of compliance Policy Statement’’ approved by the spent fuel at reactor sites in casks with amendment request. The NRC Commission on October 2, 2017, and the approved modifications under a determined that this amendment does published in the Federal Register on general license. Specifically, Renewed not reflect a significant change in design October 18, 2017 (82 FR 48535), this Amendment No. 17 revises the or fabrication of the cask. Specifically, rule is classified as Compatibility certificate of compliance technical the NRC determined that the design of Category NRC—Areas of Exclusive NRC specifications to (1) add Heat Load the cask would continue to maintain Regulatory Authority. The NRC program Zoning Configurations 11–13 for the confinement, shielding, and criticality elements in this category are those that 61BTH Type 2 dry shielded canister and control in the event of each evaluated relate directly to areas of regulation (2) change the maximum assembly heat accident condition. In addition, any reserved to the NRC by the Atomic load from 1.2 kW to 1.7 kW. This resulting occupational exposure or Energy Act of 1954, as amended, or the amendment also includes minor offsite dose rates from the provisions of 10 CFR chapter I. clarifications to the certificate of implementation of Renewed Therefore, compatibility is not required compliance. Amendment No. 17 would remain well for program elements in this category. C. Environmental Impacts of the Action within the limits specified by 10 CFR Although an Agreement State may not part 20, ‘‘Standards for Protection adopt program elements reserved to the On July 18,1990 (55 FR 29181), the Against Radiation.’’ Thus, the NRC NRC, and the Category ‘‘NRC’’ does not NRC issued an amendment to 10 CFR found there will be no significant confer regulatory authority on the State, part 72 to provide for the storage of change in the types or amounts of any the State may wish to inform its spent fuel under a general license in effluent released, no significant increase licensees of certain requirements by cask designs approved by the NRC. The in the individual or cumulative means consistent with the particular potential environmental impact of using radiation exposure, and no significant State’s administrative procedure laws. NRC-approved storage casks was increase in the potential for or analyzed in the environmental consequences from radiological VII. Plain Writing assessment for the 1990 final rule. The accidents. The Plain Writing Act of 2010 (Pub. environmental assessment for this The NRC staff determined that the L. 111–274) requires Federal agencies to Renewed Amendment No. 17 tiers off of amended TN Americas LLC write documents in a clear, concise, and the environmental assessment for the Standardized NUHOMS® Horizontal well-organized manner. The NRC has July 18, 1990, final rule. Tiering on past Modular Storage System cask design, written this document to be consistent environmental assessments is a standard when used under the conditions with the Plain Writing Act as well as the process under the National specified in the certificate of Presidential Memorandum, ‘‘Plain Environmental Policy Act of 1969, as compliance, the technical Language in Government Writing,’’ amended. specifications, and the NRC’s published June 10, 1998 (63 FR 31885). TN Americas LLC Standardized regulations, will meet the requirements NUHOMS® Horizontal Modular Storage of 10 CFR part 72; therefore, adequate VIII. Environmental Assessment and System is designed to mitigate the protection of public health and safety Finding of No Significant Impact effects of design basis accidents that will continue to be reasonably assured. Under the National Environmental could occur during storage. Design basis When this direct final rule becomes Policy Act of 1969, as amended, and the accidents account for human-induced effective, persons who hold a general NRC’s regulations in 10 CFR part 51, events and the most severe natural license under § 72.210 may, consistent ‘‘Environmental Protection Regulations phenomena reported for the site and with the license conditions under for Domestic Licensing and Related surrounding area. Postulated accidents § 72.212, load spent nuclear fuel into Regulatory Functions,’’ the NRC has analyzed for an independent spent fuel TN Americas LLC Standardized determined that this direct final rule, if storage installation, the type of facility NUHOMS® Horizontal Modular Storage adopted, would not be a major Federal at which a holder of a power reactor System casks that meet the criteria of action significantly affecting the quality operating license would store spent fuel Renewed Amendment No. 17 to of the human environment and, in casks in accordance with 10 CFR part Certificate of Compliance No. 1004. therefore, an environmental impact 72, can include tornado winds and statement is not required. The NRC has tornado-generated missiles, a design V. Voluntary Consensus Standards made a finding of no significant impact basis earthquake, a design basis flood, The National Technology Transfer on the basis of this environmental an accidental cask drop, lightning and Advancement Act of 1995 (Pub. L. assessment. effects, fire, explosions, and other 104–113) requires that Federal agencies incidents. use technical standards that are A. The Action The design of the cask would prevent developed or adopted by voluntary The action is to amend § 72.214 to loss of confinement, shielding, and consensus standards bodies unless the revise the TN Americas LLC criticality control in the event of each use of such a standard is inconsistent Standardized NUHOMS® Horizontal evaluated accident condition. If there is with applicable law or otherwise Modular Storage System listing within no loss of confinement, shielding, or impractical. In this direct final rule, the the ‘‘List of approved spent fuel storage criticality control, the environmental NRC revises the TN Americas LLC casks’’ to include Renewed Amendment impacts resulting from an accident
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would be insignificant. This amendment ‘‘Environmental Protection Regulations FR 65898), the NRC issued an does not reflect a significant change in for Domestic Licensing and Related amendment to 10 CFR part 72 that design or fabrication of the cask. Regulatory Functions.’’ Based on the approved the TN Americas LLC Because there are no significant design foregoing environmental assessment, the Standardized NUHOMS® Horizontal or process changes, any resulting NRC concludes that this direct final rule Modular Storage System design by occupational exposure or offsite dose entitled ‘‘List of Approved Spent Fuel adding it to the list of NRC-approved rates from the implementation of Storage Casks: TN Americas LLC cask designs in § 72.214. Renewed Amendment No. 17 would Standardized NUHOMS® Horizontal On June 11, 2020, and as remain well within the 10 CFR part 20 Modular Storage System, Certificate of supplemented on September 11, 2020, limits. Therefore, the proposed changes Compliance No. 1004, Renewed TN Americas LLC submitted a request to will not result in any radiological or Amendment No. 17’’ will not have a amend the TN Americas LLC ® non-radiological environmental impacts significant effect on the human Standardized NUHOMS Horizontal that significantly differ from the environment. Therefore, the NRC has Modular Storage System as described in environmental impacts evaluated in the determined that an environmental Section IV, ‘‘Discussion of Changes,’’ of environmental assessment supporting impact statement is not necessary for this document. the July 18, 1990, final rule. There will this direct final rule. The alternative to this action is to be no significant change in the types or withhold approval of Renewed IX. Paperwork Reduction Act significant revisions in the amounts of Amendment No. 17 and to require any Statement any effluent released, no significant 10 CFR part 72 general licensee seeking increase in the individual or cumulative This direct final rule does not contain to load spent nuclear fuel into the TN ® radiation exposures, and no significant any new or amended collections of Americas LLC Standardized NUHOMS increase in the potential for, or information subject to the Paperwork Horizontal Modular Storage System consequences from, radiological Reduction Act of 1995 (44 U.S.C. 3501 under the changes described in accidents. The NRC documented its et seq.). Existing collections of Renewed Amendment No. 17 to request safety findings in the preliminary safety information were approved by the an exemption from the requirements of evaluation report. Office of Management and Budget, §§ 72.212 and 72.214. Under this approval number 3150–0132. alternative, each interested 10 CFR part D. Alternative to the Action 72 licensee would have to prepare, and Public Protection Notification The alternative to this action is to the NRC would have to review, a deny approval of Renewed Amendment The NRC may not conduct or sponsor, separate exemption request, thereby No. 17 and not issue the direct final and a person is not required to respond increasing the administrative burden rule. Consequently, any 10 CFR part 72 to, a request for information or an upon the NRC and the costs to each general licensee that seeks to load spent information collection requirement licensee. nuclear fuel into TN Americas LLC unless the requesting document Approval of this direct final rule is Standardized NUHOMS® Horizontal displays a currently valid Office of consistent with previous NRC actions. Modular Storage System in accordance Management and Budget control Further, as documented in the with the changes described in proposed number. preliminary safety evaluation report and environmental assessment, this direct Renewed Amendment No. 17 would X. Regulatory Flexibility Certification have to request an exemption from the final rule will have no adverse effect on requirements of §§ 72.212 and 72.214. Under the Regulatory Flexibility Act public health and safety or the Under this alternative, interested of 1980 (5 U.S.C. 605(b)), the NRC environment. This direct final rule has licensees would have to prepare, and certifies that this direct final rule will no significant identifiable impact or the NRC would have to review, a not, if issued, have a significant benefit on other government agencies. separate exemption request, thereby economic impact on a substantial Based on this regulatory analysis, the increasing the administrative burden number of small entities. This direct NRC concludes that the requirements of upon the NRC and the costs to each final rule affects only nuclear power this direct final rule are commensurate licensee. The environmental impacts plant licensees and TN Americas LLC. with the NRC’s responsibilities for would be the same as the proposed These entities do not fall within the public health and safety and the action. scope of the definition of small entities common defense and security. No other set forth in the Regulatory Flexibility available alternative is believed to be as E. Alternative Use of Resources Act or the size standards established by satisfactory; therefore, this action is Approval of Renewed Amendment the NRC (§ 2.810). recommended. No. 17 to Certificate of Compliance No. XI. Regulatory Analysis XII. Backfitting and Issue Finality 1004 would result in no irreversible commitment of resources. On July 18, 1990 (55 FR 29181), the The NRC has determined that the NRC issued an amendment to 10 CFR backfit rule (§ 72.62) does not apply to F. Agencies and Persons Contacted part 72 to provide for the storage of this direct final rule. Therefore, a backfit No agencies or persons outside the spent nuclear fuel under a general analysis is not required. This direct final NRC were contacted in connection with license in cask designs approved by the rule revises Certificate of Compliance the preparation of this environmental NRC. Any nuclear power reactor No. 1004 for the TN Americas LLC assessment. licensee can use NRC-approved cask Standardized NUHOMS® Horizontal designs to store spent nuclear fuel if it Modular Storage System, as currently G. Finding of No Significant Impact (1) notifies the NRC in advance, (2) the listed in § 72.214. The revision consists The environmental impacts of the spent fuel is stored under the conditions of the changes in Renewed Amendment action have been reviewed under the specified in the cask’s certificate of No. 17 previously described, as set forth requirements in the National compliance, and (3) the conditions of in the revised certificate of compliance Environmental Policy Act of 1969, as the general license are met. A list of and technical specifications. amended, and the NRC’s regulations in NRC-approved cask designs is contained Renewed Amendment No. 17 to subpart A of 10 CFR part 51, in § 72.214. On December 22, 1994 (59 Certificate of Compliance No. 1004 for
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the TN Americas LLC, Standardized Amendment No. 16 continues to be licenses in 10 CFR part 52. Accordingly, NUHOMS® Horizontal Modular Storage effective for existing users. While the NRC has not prepared a backfit System was initiated by TN Americas current users of this storage system may analysis for this rulemaking. comply with the new requirements in LLC and was not submitted in response XIII. Congressional Review Act to new NRC requirements, or an NRC Renewed Amendment No. 17, this request for amendment. Renewed would be a voluntary decision on the This direct final rule is not a rule as Amendment No. 17 applies only to new part of current users. defined in the Congressional Review casks fabricated and used under For these reasons, Renewed Act. Amendment No. 17 to Certificate of Renewed Amendment No. 17. These Compliance No. 1004 does not XIV. Availability of Documents changes do not affect existing users of constitute backfitting under § 72.62 or The documents identified in the the TN Americas LLC, Standardized § 50.109(a)(1), or otherwise represent an following table are available to NUHOMS Horizontal Modular Storage inconsistency with the issue finality interested persons through one or more System, and the current Renewed provisions applicable to combined of the following methods, as indicated.
ADAMS Accession No./ Document Federal Register Citation
TN Americas LLC, Submittal of Application for Amendment 17 to Standardized NUHOMS® Certificate of Compli- ML20174A089 (package). ance No. 1004 for Spent Fuel Storage Casks, Revision 0. TN America, LLC—Response to Request for Additional Information—Application for Amendment 17 to Standard- ML20255A206 (package). ized NUHOMS® Certificate of Compliance No. 1004 for Spent Fuel Storage Casks, Revision 1 (Docket No. 72– 1004. CAC No. 001028, EPID: L–2020–LLA–0128). User Need Memo for Rulemaking for the Standardized NUHOMS® System, Certificate of Compliance No. 1004, ML20308A485 (package). Renewed Amendment No. 17.
The NRC may post materials related Authority: Atomic Energy Act of 1954, Amendment Number 2, Revision 1, on to this document, including public secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, December 11, 2017. comments, on the Federal Rulemaking 183, 184, 186, 187, 189, 223, 234, 274 (42 Renewed Amendment Number 2, website at https://www.regulations.gov U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, Revision 1, Effective Date: December 11, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, under Docket ID NRC–2020–0274. The 2017. 2236, 2237, 2238, 2273, 2282, 2021); Energy Amendment Number 3 Effective Date: Federal Rulemaking website allows you Reorganization Act of 1974, secs. 201, 202, to receive alerts when changes or 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); September 12, 2001, superseded by additions occur in a docket folder. To National Environmental Policy Act of 1969 Amendment Number 3, Revision 1, on subscribe: (1) Navigate to the docket (42 U.S.C. 4332); Nuclear Waste Policy Act April 25, 2017, superseded by Renewed folder (NRC–2020–0274); (2) click the of 1982, secs. 117(a), 132, 133, 134, 135, 137, Amendment Number 3, Revision 1, on ‘‘Sign up for Email Alerts’’ link; and (3) 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), December 11, 2017. enter your email address and select how 10152, 10153, 10154, 10155, 10157, 10161, Renewed Amendment Number 3, frequently you would like to receive 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 Revision 1, Effective Date: December 11, note. emails (daily, weekly, or monthly). 2017. ■ 2. In § 72.214, Certificate of Amendment Number 4 Effective Date: List of Subjects in 10 CFR Part 72 Compliance No. 1004 is revised to read February 12, 2002, superseded by Administrative practice and as follows: Amendment Number 4, Revision 1, on procedure, Hazardous waste, Indians, April 25, 2017, superseded by Renewed Intergovernmental relations, Nuclear § 72.214 List of approved spent fuel Amendment Number 4, Revision 1, on storage casks. energy, Penalties, Radiation protection, December 11, 2017. Reporting and recordkeeping * * * * * Renewed Amendment Number 4, requirements, Security measures, Spent Certificate Number: 1004. Revision 1, Effective Date: December 11, fuel, Whistleblowing. Initial Certificate Effective Date: 2017. For the reasons set out in the January 23, 1995, superseded by Initial Amendment Number 5 Effective Date: preamble and under the authority of the Certificate, Revision 1, on April 25, January 7, 2004, superseded by Atomic Energy Act of 1954, as amended; 2017, superseded by Renewed Initial Amendment Number 5, Revision 1, on the Energy Reorganization Act of 1974, Certificate, Revision 1, on December 11, April 25, 2017, superseded by Renewed as amended; the Nuclear Waste Policy 2017. Amendment Number 5, Revision 1, on Act of 1982, as amended; and 5 U.S.C. Renewed Initial Certificate, Revision December 11, 2017. 552 and 553; the NRC is adopting the 1, Effective Date: December 11, 2017. Renewed Amendment Number 5, following amendments to 10 CFR part Amendment Number 1 Effective Date: Revision 1, Effective Date: December 11, 72: April 27, 2000, superseded by 2017. Amendment Number 1, Revision 1, on Amendment Number 6 Effective Date: PART 72—LICENSING April 25, 2017, superseded by Renewed December 22, 2003, superseded by REQUIREMENTS FOR THE Amendment Number 1, Revision 1, on Amendment Number 6, Revision 1, on INDEPENDENT STORAGE OF SPENT December 11, 2017. April 25, 2017, superseded by Renewed NUCLEAR FUEL, HIGH-LEVEL Renewed Amendment Number 1, Amendment Number 6, Revision 1, on RADIOACTIVE WASTE, AND Revision 1, Effective Date: December 11, December 11, 2017. REACTOR-RELATED GREATER THAN 2017. Renewed Amendment Number 6, CLASS C WASTE Amendment Number 2 Effective Date: Revision 1, Effective Date: December 11, September 5, 2000, superseded by 2017. ■ 1. The authority citation for part 72 Amendment Number 2, Revision 1, on Amendment Number 7 Effective Date: continues to read as follows: April 25, 2017, superseded by Renewed March 2, 2004, superseded by
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Amendment Number 7, Revision 1, on SAR Submitted by: TN Americas LLC. • Federal eRulemaking Portal: http:// April 25, 2017, superseded by Renewed SAR Title: Final Safety Analysis www.regulations.gov. Follow the Amendment Number 7, Revision 1, on Report for the Standardized NUHOMS® instructions for submitting comments. December 11, 2017. Horizontal Modular Storage System for • Fax: (703) 518–6319. Include Renewed Amendment Number 7, Irradiated Nuclear Fuel. ‘‘[Your Name]—Comments on Interim Revision 1, Effective Date: December 11, Docket Number: 72–1004. Final Rule: CLF 2021—NCUA–2021– 2017. Certificate Expiration Date: January 0037’’ in the transmittal. Amendment Number 8 Effective Date: 23, 2015. • Mail: Address to Melane Conyers- December 5, 2005, superseded by Renewed Certificate Expiration Date: Ausbrooks, Secretary of the Board, January 23, 2055. Amendment Number 8, Revision 1, on ® National Credit Union Administration, April 25, 2017, superseded by Renewed Model Number: NUHOMS –24P, 1775 Duke Street, Alexandria, Virginia Amendment Number 8, Revision 1, on –24PHB, –24PTH, –32PT, –32PTH1, 22314–3428. December 11, 2017. –37PTH, –52B, –61BT, –61BTH, and • Hand Delivery/Courier: Same as Renewed Amendment Number 8, –69BTH. mail address. Revision 1, Effective Date: December 11, * * * * * Public inspection: You may view all 2017. Dated: March 9, 2021. public comments on the Federal Amendment Number 9 Effective Date: For the Nuclear Regulatory Commission. eRulemaking Portal at http:// April 17, 2007, superseded by Margaret M. Doane, www.regulations.gov, as submitted, except for those we cannot post for Amendment Number 9, Revision 1, on Executive Director for Operations. April 25, 2017, superseded by Renewed technical reasons. The NCUA will not Amendment Number 9, Revision 1, on [FR Doc. 2021–06076 Filed 3–23–21; 8:45 am] edit or remove any identifying or December 11, 2017. BILLING CODE 7590–01–P contact information from the public Renewed Amendment Number 9, comments submitted. Due to social Revision 1, Effective Date: December 11, distancing measures in effect, the usual 2017. NATIONAL CREDIT UNION opportunity to inspect paper copies of Amendment Number 10 Effective ADMINISTRATION comments in the NCUA’s law library is Date: August 24, 2009, superseded by 12 CFR Part 725 not currently available. After social Amendment Number 10, Revision 1, on distancing measures are relaxed, visitors April 25, 2017, superseded by Renewed [NCUA–2021–0037] may make an appointment to review Amendment Number 10, Revision 1, on RIN 3133–AF15 paper copies by calling (703) 518–6540 December 11, 2017. or emailing [email protected]. Renewed Amendment Number 10, Central Liquidity Facility FOR FURTHER INFORMATION CONTACT: Revision 1, Effective Date: December 11, Anthony Cappetta, CLF Vice President, AGENCY: National Credit Union 2017. Office of Examination and Insurance; or Administration (NCUA). Amendment Number 11 Effective Justin M. Anderson, Senior Staff Date: January 7, 2014, superseded by ACTION: Interim final rule with request Attorney, Office of General Counsel, Amendment Number 11, Revision 1, on for comments. 1775 Duke Street, Alexandria, VA April 25, 2017, superseded by Renewed SUMMARY: In response to the enactment 22314–3428. Anthony Cappetta can also Amendment Number 11, Revision 1, on of the Consolidated Appropriations Act, be reached at (703) 518–1592, and Justin December 11, 2017. 2021, (CAA) the NCUA Board (Board) is Anderson can be reached at (703) 518– Renewed Amendment Number 11, 6556. Revision 1, Effective Date: December 11, issuing this interim final rule to cohere SUPPLEMENTARY INFORMATION: 2017, as corrected (ADAMS Accession the NCUA’s regulations to the statutory changes made by the CAA. Specifically, No. ML18018A043). I. Background the CAA extended several Amendment Number 12 Effective The CARES Act made several changes Date: Amendment not issued by the enhancements to the NCUA’s Central Liquidity Facility (CLF or Facility), to Title III of the Federal Credit Union NRC. Act (the FCU Act),1 which governs the Amendment Number 13 Effective which were first enacted by the Coronavirus Aid, Relief, and Economic CLF.2 On April 16, 2020, the Board Date: May 24, 2014, superseded by approved an interim final rule to amend Amendment Number 13, Revision 1, on Security Act (CARES Act). This rule amends the NCUA’s CLF regulation to the NCUA’s CLF regulation, Part 725.3 April 25, 2017, superseded by Renewed This interim final rule made several Amendment Number 13, Revision 1, on reflect these extensions. This rule also extends the withdrawal from CLF changes to part 725, some of which December 11, 2017. effectuated or mirrored the changes Renewed Amendment Number 13, membership provisions that the Board made by the CARES Act. Other changes, Revision 1, Effective Date: December 11, included in the April 2020 interim final made in the April interim final rule, 2017, as corrected (ADAMS Accession rule that made the aforementioned were intended to make membership in No. ML18018A100). regulatory changes related to the CARES the CLF more advantageous to credit Amendment Number 14 Effective Act. unions. Date: April 25, 2017, superseded by DATES: This rule is effective on March The changes directly related to the Renewed Amendment Number 14, on 24, 2021. The amendment to § 725.6 at CARES Act were scheduled to sunset in December 11, 2017. instruction number 4 is effective March accordance with the same on December Renewed Amendment Number 14 24, 2021, until January 1, 2023. 31, 2020. As noted above, however, the Effective Date: December 11, 2017. Comments must be received on or Renewed Amendment Number 15 before May 24, 2021. CAA, among other things, extended the ADDRESSES: You may submit written Effective Date: January 22, 2019. 1 Renewed Amendment Number 16 comments, identified by RIN 3133– 12 U.S.C. 1795 et. seq. 2 Coronavirus Aid, Relief, and Economic Security Effective Date: September 14, 2020. AF15, by any of the following methods Act, Public Law 116–136, 134 Stat 281 (March 27, Renewed Amendment Number 17 (Please send comments by one method 2020). Effective Date: June 7, 2021. only): 3 85 FR 23731 (Apr. 29, 2020).
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sunset date of the CLF enhancements in turn, this approved group is the basis for Specifically, the April interim final rule the CARES Act to December 31, 2021.4 calculating the amount of Facility provided that upon sunset of this To provide clarity and transparency, the capital stock the corporate credit union provision, an agent must: Board is issuing this interim final rule or corporate credit union group is (1) Not request any additional Facility to amend its regulations to reflect this required to purchase. This amendment advances for its own liquidity needs; extension. was scheduled to sunset in accordance and In addition, the Board notes that in with the CARES Act on December 31, (2) continue to follow the terms of the response to the April interim final rule, 2020. The CAA extended this provision Facility advance agreement entered into the Board received five comments in the CARES Act until December 31, between the agent and the Facility. which supported the rule. The 2021.6 As such, the Board is making a The Board is not making any changes comments also requested legislative conforming date change to part 725 to the aforementioned provisions, which changes and/or changes outside the through this interim final rule. will still apply upon the sunset of the scope of the April interim final rule. Upon the sunset of the amendment changes to these sections of part 725. made in the CARES Act, as extended by In addition, in the April 2020 interim II. Amendments the CAA, any corporate credit union or final rule, the Board made cohering The following is a section-by-section corporate credit union group that changes to §§ 725.17 and 725.18 to analysis of the changes in this interim became an agent member under this include the ability of an Agent to final rule. provision must, within one year from borrow for its own liquidity needs.10 This rule makes technical changes to the Part 725 the sunset date, either: 1. Purchase Facility stock for all of its two aforementioned sections to clarify A. Definitions member credit unions; or that the references to an Agent In accordance with the CARES Act, 2. terminate its membership in the borrowing for its own liquidity needs the Board amended the definition of Facility. sunset on December 31, 2021. ‘‘Liquidity needs’’ to remove the words The Board notes that these are the D. Termination of Membership ‘‘primarily serving natural persons.’’ options that the Board included in the In the April interim final rule, the This change mirrored the statutory April interim final rule. Further, the Board amended the waiting periods for change in the CARES Act and clarified Board is, as noted above, only changing a credit union to terminate its that liquidity needs are not limited to the sunset date, and not making any membership in the Facility between the only natural person credit unions, but substantive changes to this or other effective date of the interim final rule may also include those of corporate sections of part 725. and January 1, 2022.11 The amendments credit unions or a corporate credit union C. Agent Member Borrowing to this section of part 725 temporarily group. This amendment was scheduled permitted a credit union, regardless of to sunset in accordance with the CARES To effectuate the intent of the CARES its percentage amount of stock Act on December 31, 2020. The CAA Act in a safe and sound manner, the subscription, to withdraw from extended this provision in the CARES Board, in the April interim final rule, membership in the Facility after Act until December 31, 2021.5 As such, made a clarifying amendment to 7 notifying the NCUA Board in writing on the Board is clarifying that the § 725.4. This amendment clarified that the sooner of: regulatory definition of ‘‘Liquidity an agent member may borrow from the (A) Six months from the date of its needs’’ to make it clear when the Facility for its own liquidity needs, but, written notice to the NCUA Board; or definition under the CARES Act applies to do so, such agent must first subscribe to the capital stock of the Facility in an (B) December 31, 2020. and when such definition reverts back Further, any credit union that to the pre-CARES Act version. amount equal to one-half of 1 percent of the Agent’s own paid-in and remained a member after December 31, B. Agent Membership unimpaired capital and surplus.8 In 2020, was permitted to withdraw from In accordance with the CARES Act, addition, the Board amended membership immediately upon the Board amended the nature of the § 725.17(b)(2) to clarify that an agent notifying the Board in writing of its requirement for a corporate credit union may apply for a Facility advance based intent to do so. Per the April interim or group of corporate credit unions to on its own liquidity needs. final rule, such immediate withdrawal subscribe to the capital stock of the The Board notes that the foregoing period would expire on December 31, Facility in an amount equal to one-half amendments were scheduled to sunset 2021. After December 31, 2021, the of 1 percent of the paid-in and in accordance with requirements of the termination requirements in effect prior unimpaired capital and surplus of all of CARES Act on December 31, 2020. The to the enactment of the CARES Act CAA extended the related provisions in would be reinstated and apply to all the corporate credit union’s or corporate 12 credit union group’s natural person the CARES Act until December 31, members. 9 The Board is making several credit union members. This change, 2021. As such, the Board is making a conforming amendments to this section which mirrors the statutory change in conforming date changes through this to address the extension of the CLF the CARES Act, allows the Board, in its interim final rule. provisions in the CARES Act by the sole discretion, to determine which The April interim final rule included CAA. First, any credit union that joined grouping of natural person member language to clarify the ramifications of the CLF between April 29, 2020 and credit unions of the applying corporate the sunset of this provision. December 31, 2020 may immediately credit union or corporate credit union 6 Id. withdraw from membership upon group are considered covered by the 7 85 FR 23731 (Apr. 29, 2020). notifying the Board in writing of its Agent’s membership in the Facility. In 8 A credit union is required to pay into the intent to do so. Through this interim Facility one-half of the amount required by the final rule, the Board is extending this 4 Consolidated Appropriations Act, 2021, Public regulations and to hold the other one-half in liquid Law 116–260, 134 Stat 1182 (December 27, 2020). assets on its balance sheet. 5 Consolidated Appropriations Act, 2021, Public 9 Consolidated Appropriations Act, 2021, Public 10 85 FR 23731 (Apr. 29, 2020). Law 116–260, 134 Stat 1182, section 540(a) Law 116–260, 134 Stat 1182, section 540(a) 11 Id. (December 27, 2020). (December 27, 2020). 12 Id.
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immediate withdrawal period to III. Regulatory Procedures effect until at least 60 days following its December 31, 2022. publication. A. Administrative Procedure Act Second, credit unions that join the The Congressional Review Act defines CLF between January 1, 2021 and The Board is issuing this interim final a ‘‘major rule’’ as any rule that the December 31, 2021, regardless of rule without prior notice and the Administrator of the Office of percentage amount of stock opportunity for public comment and the Information and Regulatory Affairs of subscription, may withdraw from delayed effective date ordinarily the OMB finds has resulted in or is membership in the Facility after prescribed by the Administrative likely to result in (A) an annual effect notifying the NCUA Board in writing on Procedure Act (APA). Pursuant to on the economy of $100,000,000 or the sooner of: section 553(b)(B) of the APA, general more; (B) a major increase in costs or notice and the opportunity for public (A) Six months from the date of its prices for consumers, individual comment are not required with respect written notice to the NCUA Board; or industries, Federal, State, or local to a rulemaking when an ‘‘agency for government agencies or geographic (B) December 31, 2021. good cause finds (and incorporates the regions, or (C) significant adverse effects Any credit union that joins the finding and a brief statement of reasons on competition, employment, Facility during the aforementioned therefor in the rules issued) that notice investment, productivity, innovation, or period and remains a member after and public procedure thereon are on the ability of United States-based December 31, 2021, may immediately impracticable, unnecessary, or contrary enterprises to compete with foreign- withdraw from membership in the to the public interest.’’ based enterprises in domestic and Facility upon notifying the Board in The Board believes that the public export markets. writing of its intent to do so. Such interest is best served by implementing For the same reasons set forth above, immediate withdrawal period will the interim final rule immediately upon the Board is adopting this interim final expire on December 31, 2022. On publication in the Federal Register. As rule without the delayed effective date January 1, 2023, the immediate discussed above, the Board notes the generally prescribed under the withdrawal period will cease, and all changes in this rule cohere the NCUA’s Congressional Review Act. The delayed members will be subject to the regulations with statutory extensions effective date required by the termination provisions in effect before recently enacted in the CAA. As such Congressional Review Act does not April 29, 2020. changes are clarifying in nature and will apply to any rule for which an agency E. CARES Act Provisions Extended by reduce any disruption caused by for good cause finds (and incorporates the CAA But Not Included in This inconsistency in the NCUA’s the finding and a brief statement of Interim Final Rule regulations, the Board believes it is has reasons therefor in the rule issued) that good cause to determine that ordinary notice and public procedure thereon are The Board notes that the CARES Act notice and public procedure are impracticable, unnecessary, or contrary included two additional amendments to impracticable and that moving to the public interest. In light of current the FCU Act that were not reflected in expeditiously in the form of an interim inconsistency between the NCUA’s the April interim final rule. Like the final rule is in the best of interests of the regulations and the Act, the Board other changes discussed above, the CAA public and the federally insured credit believes that delaying the effective date also extended these amendments until unions that serve that public. of the rule would be contrary to the December 31, 2021.13 For the benefit The APA also requires a 30-day public interest for the same reasons and information of stakeholders, the delayed effective date, except for (1) discussed above. Board briefly discusses these substantive rules which grant or As required by the Congressional amendments below. recognize an exemption or relieve a Review Act, the Board will submit the First, the CARES Act temporarily restriction; (2) interpretative rules and final rule and other appropriate reports increased the multiplier from ‘‘twelve statements of policy; or (3) as otherwise to Congress and the Government times’’ to ‘‘sixteen times.’’ This means provided by the agency for good cause. Accountability Office for review. The that for every $1 of capital and surplus, Because the rules relieve a restriction, Board notes that OMB agreed that the the Facility may borrow $16. This the interim final rule is exempt from the April interim final rule was not major. provision was not previously codified in APA’s delayed effective date As this interim final is similar in nature, part 725, and therefore the Board is not requirement. The reasons previously the Board believe this rule is also not making any regulatory amendment discussed for forgoing prior notice and major for purposes of the Congressional regarding this temporary statutory comment would also separately justify Review Act. change. this determination. C. Paperwork Reduction Act Second, the CARES Act provided While the Board believes that there is more clarity about the purposes for good cause to issue the rule without The Paperwork Reduction Act of 1995 which the NCUA Board can approve advance notice and comment and with (PRA) (44 U.S.C. 3501 et seq.) requires liquidity-need requests by removing the an immediate effective date, the Board that the Office of Management and phrase ‘‘the Board shall not approve an is interested in the views of the public Budget (OMB) approve all collections of application for credit the intent of and requests comment on all aspects of information by a Federal agency from which is to expand credit union the interim final rule. the public before they can be implemented. Respondents are not portfolios.’’ 14 This provision was not B. Congressional Review Act previously codified in part 725, and required to respond to any collection of therefore the Board is not making any For purposes of the Congressional information unless it displays a valid regulatory amendment regarding this Review Act, the OMB makes a OMB control number. temporary statutory change. determination as to whether a final rule In accordance with the PRA, the constitutes a ‘‘major’’ rule. If a rule is information collection requirements deemed a ‘‘major rule’’ by the Office of included in this interim final rule 13 Consolidated Appropriations Act, 2021, Public Law 116–260, 134 Stat 1182, section 540(a) Management and Budget (OMB), the extension have been submitted to OMB (December 27, 2020). Congressional Review Act generally for approval under control number 14 See. 12 U.S.C. 1795e(a)(1). provides that the rule may not take 3133–0061.
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D. Executive Order 13132 By the NCUA Board on March 18, 2021. percent of the paid-in and unimpaired Executive Order 13132 encourages Melane Conyers-Ausbrooks, capital and surplus (as determined in independent regulatory agencies to Secretary of the Board. accordance with § 725.5(b) of this part) consider the impact of their actions on For the reasons discussed in the of such credit union members of the state and local interests. The NCUA, an preamble, the Board is amending 12 corporate credit union or corporate independent regulatory agency as CFR part 725 as follows: credit union group as the Board may defined in 44 U.S.C. 3502(5), voluntarily determine in its sole discretion, except complies with the executive order to PART 725—NATIONAL CREDIT UNION those which are Regular members of the adhere to fundamental federalism ADMINISTRATION CENTRAL Facility or which have access to the principles. LIQUIDITY FACILITY Facility through, and are included in the This interim final rule does not have stock subscription of, another Agent (a substantial effects on the states, on the ■ 1. The authority citation for part 725 natural person credit union which is a relationship between the national continues to read as follows: member of more than one Agent government and the states, or on the Authority: 12 U.S.C. 1795f(a)(2). member of the Facility must designate distribution of power and through which Agent it will deal with ■ 2. In § 725.2, revise paragraph (i) to responsibilities among the various the Facility, and the designated Agent read as follows: levels of government. The NCUA has will be responsible for including the therefore determined that this rule does § 725.2 Definitions. capital and surplus of such credit union not constitute a policy that has * * * * * in the calculation of its stock federalism implications for purposes of (i) Liquidity needs means: subscription). Upon approval of the the executive order. (1) From April 29, 2020 to December application, the Agent shall forward funds equal to one-half of this initial E. Assessment of Federal Regulations 31, 2021, the needs of credit unions for: stock subscription to the Facility. A and Policies on Families (i) Short-term adjustment credit available to assist in meeting temporary corporate credit union or corporate The NCUA has determined that this requirements for funds or to cushion credit union group that became an rule will not affect family well-being more persistent outflows of funds Agent member of the Facility under this within the meaning of section 654 of the pending an orderly adjustment of credit paragraph shall, after December 31, Treasury and General Government union assets and liabilities; 2021, but before January 1, 2023, either: Appropriations Act, 1999, Public Law (ii) Seasonal credit available for (A) Purchase Facility stock in 105–277, 112 Stat. 2681 (1998). longer periods to assist in meeting accordance with the terms of paragraph F. Regulatory Flexibility Act seasonal needs for funds arising from a (a)(2)(i) of this section; or combination of expected patterns of (B) Terminate its membership in the The Regulatory Flexibility Act (RFA) facility. generally requires that when an agency movement in share and deposit accounts and loans; and (iii) From April 29, 2020, until issues a proposed rule or a final rule December 31, 2021, if borrowing for its pursuant to the APA or another law, the (iii) Protracted adjustment credit available in the event of unusual or own liquidity needs, one-half of 1 agency must prepare a regulatory percent of the Agent’s own paid-in and flexibility analysis that meets the emergency circumstances of a longer- term nature resulting from national, unimpaired capital and surplus. Upon requirements of the RFA and publish approval of the application, the Agent such analysis in the Federal Register. regional or local difficulties. (2) After December 31, 2021, the shall forward funds equal to one-half of Specifically, the RFA normally requires this stock subscription to the Facility. agencies to describe the impact of a needs of credit unions primarily serving natural persons for: This amount shall be in addition to the rulemaking on small entities by amounts required by paragraph (a)(2)(i) providing a regulatory impact analysis. (i) Short-term adjustment credit available to assist in meeting temporary or (ii) of this section, if a corporate For purposes of the RFA, the Board credit union or corporate credit union considers credit unions with assets less requirements for funds or to cushion more persistent outflows of funds group joined the facility as an Agent and than $100 million to be small entities. intends to borrow for its own liquidity Rules that are exempt from notice and pending an orderly adjustment of credit needs. Any corporate credit union or comment are also exempt from the RFA union assets and liabilities; corporate credit union group that requirements, including conducting a (ii) Seasonal credit available for received a Facility advance for its own regulatory flexibility analysis, when longer periods to assist in meeting liquidity need under the temporary among other things the agency for good seasonal needs for funds arising from a requirements set forth in this paragraph cause finds that notice and public combination of expected patterns of must, as of January 1, 2022 and procedure are impracticable, movement in share and deposit thereafter: unnecessary, or contrary to the public accounts and loans; and 15 (iii) Protracted adjustment credit (A) Not request any additional interest. Accordingly, the NCUA is not Facility advances for its own liquidity required to conduct a regulatory available in the event of unusual or emergency circumstances of a longer- needs; and flexibility analysis for the reasons stated (B) Continue to follow the terms of the above relating to the good cause term nature resulting from national, regional or local difficulties. Facility advance agreement entered into exemption. Nevertheless, the Board between the Agent and the Facility. welcomes comments on the effect this * * * * * interim final rule may have on small ■ 3. In § 725.4, revise paragraphs * * * * * entities. (a)(2)(ii) and (iii) to read as follows: § 725.6 [Amended] List of Subjects in 12 CFR Part 725 § 725.4 Agent membership. ■ 4. In § 725.6, effective March 24, 2021, Credit unions, Reporting and (a) * * * until January 1, 2023, paragraphs (a) and recordkeeping requirements. (2) * * * (b) are stayed. (ii) From April 29, 2020, until ■ 5. In § 725.6, revise paragraph (e) to 15 5 U.S.C. 553(a). December 31, 2021, one-half of 1 read as follows:
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§ 725.6 Termination of membership. Facility shall consider the Propulsion Section, FAA, Seattle ACO * * * * * creditworthiness of such member. Branch, 2200 South 216th St., Des (e) The following requirements apply * * * * * Moines, WA 98190; phone and fax: 206– to a credit union’s termination of (d) A credit union (whether a Regular 231–3875; email: douglas.e.mansell@ membership in the Facility from April member of the Facility, Agent member faa.gov. 29, 2020 until January 1, 2023: (provided such Agent may submit an SUPPLEMENTARY INFORMATION: (1) Any credit union, regardless of its application under § 725.17(b)(2)(iv) of amount of stock subscription, that this part), or a member natural person Background became a member of the Facility credit union) which does not meet the The FAA issued a notice of proposed between April 29, 2020, and December Facility’s creditworthiness standards rulemaking (NPRM) to amend 14 CFR 31, 2020, may immediately terminate its may be limited in or denied the use of part 39 by adding an AD that would membership until December 31, 2022. advances for its liquidity needs. apply to all The Boeing Company Model (2) Any credit union regardless of its [FR Doc. 2021–05953 Filed 3–23–21; 8:45 am] 747 series airplanes and Model 767 amount of stock subscription, that BILLING CODE 7535–01–P series airplanes. The NPRM published becomes a member between January 1, in the Federal Register on September 9, 2021 and December 31, 2021, may 2020 (85 FR 55622). The NPRM was withdraw from membership in the DEPARTMENT OF TRANSPORTATION prompted by a report of an un- Facility after notifying the NCUA Board commanded fuel transfer between the in writing on the sooner of: Federal Aviation Administration main and center fuel tanks. The NPRM (A) Six months from the date of its proposed to prohibit operation of an written notice to the NCUA Board; or 14 CFR Part 39 airplane with any inoperative refuel (B) December 31, 2021. [Docket No. FAA–2020–0785; Product valve (fueling shut-off valve) failed in (3) Any credit union that does not Identifier 2020–NM–063–AD; Amendment the open position. elect to withdraw from membership in 39–21477; AD 2021–06–10] The FAA is issuing this AD to address the Facility during the time periods RIN 2120–AA64 multiple refuel valves failed in the prescribed in paragraph (e)(2) of this ‘‘open’’ position via Master Minimum section, may immediately withdraw Airworthiness Directives; The Boeing Equipment List (MMEL) dispatch from membership in the Facility after Company Airplanes allowance, which allows un- notifying the NCUA Board in writing of commanded fuel transfer between fuel AGENCY: Federal Aviation its intention to do so from January 1, tanks. This condition could result in a Administration (FAA), DOT. 2022 to December 31, 2022. As of fuel exhaustion event. ACTION: Final rule. January 1, 2023, the requirements of Comments paragraphs (a) and (b) of this section, as SUMMARY: The FAA is adopting a new The FAA gave the public the in effect on March 1, 2020, shall apply. airworthiness directive (AD) for all The opportunity to participate in developing (4) The Facility will process requests Boeing Company Model 747 series this final rule. The following presents under this paragraph (e) upon demand airplanes and Model 767 series the comments received on the NPRM and deliver funds as soon as practicable, airplanes. This AD was prompted by a and the FAA’s response to each allowing for the time necessary for report of an un-commanded fuel transfer comment. settlement and transfer of funds in these between the main and center fuel tanks. transactions. This AD prohibits operation of an Support for the NPRM ■ airplane with any inoperative refuel 6. In § 725.17, revise paragraph United Airlines had no objection to valve (fueling shut-off valve) failed in (b)(2)(iv) to read as follows: the NPRM. Another commenter stated the open position. The FAA is issuing that the NPRM was justified. § 725.17 Applications for extensions of this AD to address the unsafe condition credit. on these products. Request To Identify Proposed AD as * * * * * DATES: This AD is effective April 28, Interim Action (b) * * * 2021. Boeing requested that the proposed (2) * * * ADDRESSES: AD be identified as interim action (iv) For the period beginning April 29, because it is working on an updated Examining the AD Docket 2020, and ending on December 31, 2021, MMEL to provide modified dispatch the applicant Agent’s own liquidity You may examine the AD docket on relief. needs. After the aforementioned period, the internet at https:// The FAA agrees with the commenter’s an Agent is prohibited from submitting www.regulations.gov by searching for request for the reason provided by the an application for an extension for its and locating Docket No. FAA–2020– commenter. The FAA has revised the own liquidity needs. 0785; or in person at Docket Operations preamble in this final rule to identify * * * * * between 9 a.m. and 5 p.m., Monday this AD as interim action. ■ through Friday, except Federal holidays. 7. In § 725.18, revise paragraphs (a) Request To Clarify Certain Terminology and (d) to read as follows: The AD docket contains this final rule, any comments received, and other Boeing requested that throughout the § 725.18 Creditworthiness. information. The address for Docket proposed AD the word ‘‘secured’’ be (a) Prior to Facility approval of each Operations is U.S. Department of changed to ‘‘failed’’ when referring to application of a Regular member for a Transportation, Docket Operations, M– the fuel shutoff valves. The commenter Facility advance or an Agent member 30, West Building Ground Floor, Room explained that the Minimum Equipment for a Facility advance for such Agent W12–140, 1200 New Jersey Avenue SE, List (MEL) does not direct operators to member’s own need (provided such Washington, DC 20590. secure the fuel shutoff valve open; the Agent may submit an application under FOR FURTHER INFORMATION CONTACT: MEL states that operators are allowed to § 725.17(b)(2)(iv) of this part), the Douglas Mansell, Aerospace Engineer, operate (dispatch) an airplane with a
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valve failed (inoperative) in the open airplanes with more than one affected and are not public documents; therefore position. refuel valve inoperative. it is not appropriate to reference these The FAA agrees with the commenter’s The FAA disagrees with the MMEL items in the proposed AD. request for the reasons provided by the commenter’s request. After considering The FAA agrees with the commenter’s commenter. The FAA has accordingly all of the available information, the FAA request for the reasons provided by the revised the description of the unsafe determined that the compliance time, as commenter. The FAA has removed condition and AD requirements in the proposed, represents an appropriate paragraph (h)(6) of this AD because SUMMARY and Background sections of interval of time for operators to comply there is no published MMEL for Model this final rule, and in paragraphs (e) and with the AD, and still maintain an 767–2C series airplanes. (g) of this AD. adequate level of safety. In developing an appropriate compliance time, the Request To Remove References to Request for Clarification Regarding FAA considered the safety implications Model KC–46A Airplanes Revisions to MMEL Items for Model of operating an airplane with any Boeing requested that all text referring 747SP Series Airplanes inoperative refuel valve. In addition, to Model KC–46A airplanes be removed A commenter requested clarification reducing the compliance time of the from the NPRM. The commenter regarding revisions to MMEL items for proposed AD would necessitate (under explained that for type certification Model 747SP series airplanes. The the provisions of the Administrative purposes, Model KC–46A airplanes are commenter stated the company he is Procedure Act) reissuing the notice, covered under the type certificate for affiliated with operates two Model reopening the period for public Model 767–2C series airplanes. 747SP series airplanes and asked if the comment, considering additional The FAA agrees with the commenter’s final instruction would require comments subsequently received, and request for the reason provided by the eliminating ATA 28–20 (2) through (6) eventually issuing a final rule. That commenter. As stated previously, from its MEL, or if those sections would procedure could add unwarranted time paragraph (h)(6) of the proposed AD, be revised with different maintenance to the rulemaking process. In light of which provided MMEL information for instructions, which would allow this, and in consideration of the amount Model 767–2C airplanes, has been dispatching an airplane with only one of time that has already elapsed since removed from this AD. inoperative refueling valve deactivated issuance of the original notice, the FAA Request for Clarification of Affected in the open position, or if there would determined that further delay of this AD Fuel Tanks in Paragraph (g) of the be a revision to those sections with is not appropriate. However, if Proposed AD different maintenance instructions additional data are presented that would allowing dispatching an airplane with justify a shorter compliance time, the Boeing requested that paragraph (g) of inoperative refueling valves deactivated FAA may consider further rulemaking the proposed AD be revised to clarify in the closed position (for example, if on this issue. The FAA has not revised which fuel tanks are affected. The the refueling valves could be manually this AD in regard to this issue. commenter stated that the identified opened on the ground for re-fueling and unsafe condition is not evident when an then closed for flight if only the valve’s Request To Include MMEL Item for airplane is operating using the existing actuator is defective). Model 747–8 Passenger Airplanes DDG and MMEL relief for fuel tanks The FAA provides the following Boeing and AMES Sarl (CAMO) with refuel valves that are isolated from explanations to the commenter’s requested that MMEL Item 28–21–02– the main manifold that provides fuel to questions. This AD eliminates the relief 01A, ‘‘Refuel Valves,’’ which applies to the wing tanks. The commenter provided by the dispatch provisions of passenger airplanes, be included in explained that the fuel tanks that are not ATA 28–20 (2), (3), (4), (5), and (6) from paragraph (h)(4) of the proposed AD. affected include the auxiliary tanks and the Boeing 747 B–747–100/200/300/SP The commenters noted that in the horizontal stabilizer tank on Model SERIES MMEL. This AD therefore paragraph (h)(4) of the proposed AD, 747 series airplanes and the body fuel prohibits dispatch of an airplane with only MMEL Item 28–21–01–01A, tanks on Model 767–2C series airplanes. any of the subject refuel valves ‘‘Refuel Valves,’’ is specified, and that The FAA agrees with the commenter’s inoperative in the open position, MMEL item is applicable only to Model request. The FAA has determined that regardless of the existence of any MMEL 747–8F airplanes, which are freighter this clarification could reduce confusion provisions. If the MMEL items are airplanes. among operators regarding which fuel revised in the future, the FAA might The FAA agrees with the commenters’ tanks are affected by the unsafe issue global AMOCs to provide relief for requests for the reasons provided by the condition identified in this AD. The operation under specified conditions. commenters and has revised paragraph FAA has revised this final rule to clarify This AD does not change the MMEL (h)(4) of this AD accordingly. that this AD prohibits operation of an dispatch provisions for refuel valves airplane with any inoperative refuel Request To Remove Reference to MMEL inoperative in the closed position. valve (fueling shut-off valve) of ‘‘the Items for Model 767–2C Series reserve tank (on Model 747 series Request To Reduce the Compliance Airplanes airplanes), main tank, or center tank’’ Time Boeing requested that MMEL items that has failed in the open position. The Air Line Pilots Association, referring to Model 767–2C series International (ALPA) requested that the airplanes be removed from paragraph Request To Revise Paragraph (g) of the compliance time specified in the (h)(6) of the proposed AD because an Proposed AD To Prohibit Dispatch if proposed AD be reduced from 60 days FAA-approved MMEL document does More Than One Refuel Valve Is after the effective date of the AD to 15 not exist for this model. The commenter Inoperative days. The commenter stated that explained that only a Dispatch United Parcel Service (UPS Airlines) operators have had sufficient time from Deviation Guide (DDG) has been issued requested that paragraph (g) of the the publication date of the proposed AD for Model 767–2C series airplanes and proposed AD be revised to specify that (September 9, 2020) until the that the MMEL items referenced in dispatch of an airplane is allowed if publication date of the final rule to paragraphs (h)(6)(i) and (ii) of the there is only one inoperative refuel address the prohibition of dispatching proposed AD are found only in the DDG valve. The commenter agreed that if
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multiple refuel valves were secured in MELs to comply with the change items may also be included in an the open position there could be an un- required by this AD. Because dispatch operator’s FAA-approved MEL. This AD commanded fuel transfer between fuel requirements have changed for the prohibits operation of the airplane tanks. The commenter explained that a applicable airplane models, the FAA under conditions currently allowed by review of the fuel control systems on its disagrees with removing the reference to those items in the MMEL. The FAA fleet revealed that the fuel transfer the identified MMEL items because this plans to revise the MMEL to remove would occur only if two valves were AD does not mandate the actual change those items in a future revision; open, each in a different tank. The to the applicable MMEL. This AD operators would then be required to also commenter noted that if only one valve identifies which FAA-approved MMEL remove those items from their existing was secured (failed) open, fuel could items are affected. Operators consult the FAA-approved MEL. enter the manifold but could not migrate MMEL requirements when updating the Interim Action into a different tank. The commenter operator’s existing FAA-approved MEL. stated that it had contacted Boeing The FAA has revised paragraph (h) of The FAA considers this AD interim regarding dispatch of an airplane with this AD accordingly. action. The manufacturer is currently one refuel valve secured in the open developing an updated MMEL, with position and that Boeing stated this Request To Include Note 2 to Paragraph substantiation, that would allow limited provides an acceptable level of safety to (h) of the Proposed AD relief for an inoperative open fuel the proposed AD. The commenter Boeing requested that Note 2 be added shutoff valve and mitigate the unsafe explained that Boeing is developing to paragraph (h) of the proposed AD condition. Once the updated MMEL is substantiating analysis to support stating that operators must not dispatch developed, approved, and available, the dispatch of an airplane with one refuel an airplane using MMEL Item 28–21–01 FAA might consider additional valve secured in the open position for with any of the identified valves in the rulemaking. many of the affected airplane models. inoperative open condition. The Costs of Compliance In addition, the commenter requested commenter explained that this would that the repair category be specified as prevent dispatch of an airplane with The FAA estimates that this AD category B (three day deferral) because fueling shutoff valves in the inoperative affects 750 airplanes of U.S. registry. the replacement of a refuel valve, which open condition without requiring a The FAA has determined that revising involves fuel tank access and requires reference to a specific chapter of the the operator’s existing FAA-approved specialized training and additional time MMEL. MEL takes an average of 90 work-hours to properly vent the fuel tanks, would The FAA disagrees with the per operator, although the agency place an undue burden on operators commenter’s request. Not all affected recognizes that this number may vary when another acceptable alternative is airplanes have MMEL items in section from operator to operator. Since available. 28–21. Further, the intent of the operators typically incorporate MEL The FAA does not agree with the commenter’s proposed text is changes for their affected fleet(s), the commenter’s requests. The FAA has adequately addressed in the provisions FAA has determined that a per-operator determined that the operational of paragraph (g) of this AD, which is estimate is more accurate than a per- limitations imposed by this AD are unchanged from the proposed AD. The airplane estimate. Therefore, the FAA warranted, and adequately address the FAA has not changed this AD as a result estimates the average total cost per unsafe condition. Boeing has not yet of this comment. operator to be $7,650 (90 work-hours × finalized or provided the FAA with its $85 per work-hour). substantiating analysis to support Conclusion Authority for This Rulemaking dispatch of an airplane with one refuel The FAA reviewed the relevant data, valve secured in the open position. considered the comments received, and Title 49 of the United States Code Boeing has indicated that in the future determined that air safety and the specifies the FAA’s authority to issue it might provide updates for the public interest require adopting this rules on aviation safety. Subtitle I, applicable DDG and MMEL for each final rule with the changes described section 106, describes the authority of affected airplane model to provide previously and minor editorial changes. the FAA Administrator. Subtitle VII: modified dispatch relief. The FAA has The FAA has determined that these Aviation Programs, describes in more not revised this AD in regard to this minor changes: detail the scope of the Agency’s issue. • Are consistent with the intent that authority. The FAA is issuing this rulemaking Request To Revise Paragraph (h) of the was proposed in the NPRM for under the authority described in Proposed AD To Refer to MEL Instead addressing the unsafe condition; and • Do not add any additional burden Subtitle VII, Part A, Subpart III, Section of MMEL upon the public than was already 44701: General requirements. Under Boeing requested that the header for proposed in the NPRM. that section, Congress charges the FAA paragraph (h) in the proposed AD be The FAA also determined that these with promoting safe flight of civil changed from MMEL Items to MEL changes will not increase the economic aircraft in air commerce by prescribing Items. The commenter also requested burden on any operator or increase the regulations for practices, methods, and that paragraphs (h)(1) through (6) be scope of this final rule. procedures the Administrator finds revised to refer to MEL items instead of necessary for safety in air commerce. MMEL Revisions MMEL items. The commenter stated This regulation is within the scope of that these changes would provide This AD refers to items in Sections that authority because it addresses an clarification that MEL(s) would be 28–20 and 28–21 of the MMEL; 1 those updated and the wording would be December 27, 2018; Boeing 747–8 MMEL, Revision consistent with that of similar ADs. 1 The MMEL items can be found in the applicable 7, dated August 25, 2017; and Boeing 767 MMEL, The FAA partially agrees with the FAA-approved MMEL: Boeing 747 B–747–100/200/ Revision 39, dated October 26, 2018; which can be 300/SP SERIES MMEL, Revision 35, dated April 25, found on the Flight Standards Information commenter’s requests. The FAA agrees 2014; Boeing 747 B–747–400 LCF MMEL, Revision Management System (FSIMS) website, https:// with the commenter’s statement that 3, November 7, 2014; Boeing 747 B–747–400, B– fsims.faa.gov/PICResults.aspx?mode=Publication& operators will need to update their 747–400D, B–747–400F MMEL, Revision 32, dated doctype=MMELByModel.
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unsafe condition that is likely to exist or (1) Model 747–100, –100B, –100B SUD, no published MMEL): MMEL Item 28–21– develop on products identified in this –200B, –200C, –200F, –300, –400, –400D, 01–01B, ‘‘Fuel Shutoff Valves.’’ rulemaking action. –400F, 747SR, 747SP, –8F, and –8 series Note 1 to paragraph (h): The MMEL items airplanes. specified in paragraph (h) of this AD can be Regulatory Findings (2) Model 767–200, –300, –300F, –400ER, found in the applicable FAA-approved and –2C series airplanes. This AD will not have federalism MMEL: Boeing 747 B–747–100/200/300/SP implications under Executive Order (d) Subject SERIES MMEL, Revision 35, dated April 25, 2014; Boeing 747 B–747–400 LCF MMEL, 13132. This AD will not have a Air Transport Association (ATA) of Revision 3, November 7, 2014; Boeing 747 B– America Code 28, Fuel. substantial direct effect on the States, on 747–400, B–747–400D, B–747–400F MMEL, the relationship between the national (e) Unsafe Condition Revision 32, dated December 27, 2018; government and the States, or on the This AD was prompted by a report of an Boeing 747–8 MMEL, Revision 7, dated distribution of power and un-commanded fuel transfer between the August 25, 2017; and Boeing 767 MMEL, responsibilities among the various main and center fuel tanks. The FAA is Revision 39, dated October 26, 2018; which levels of government. issuing this AD to address multiple refuel can be found on the Flight Standards For the reasons discussed above, I valves failed in the ‘‘open’’ position via Information Management System (FSIMS) certify that this AD: Master Minimum Equipment List (MMEL) website, https://fsims.faa.gov/PICResults. (1) Is not a ‘‘significant regulatory dispatch allowance, which allows un- aspx?mode=Publication& action’’ under Executive Order 12866, commanded fuel transfer between fuel tanks. doctype=MMELByModel. This condition could result in a fuel (2) Will not affect intrastate aviation (i) Alternative Methods of Compliance exhaustion event. in Alaska, and (AMOCs) (3) Will not have a significant (f) Compliance (1) The Manager, Seattle ACO Branch, economic impact, positive or negative, Comply with this AD within the FAA, has the authority to approve AMOCs on a substantial number of small entities compliance times specified, unless already for this AD, if requested using the procedures under the criteria of the Regulatory done. found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your Flexibility Act. (g) Conditions for Prohibited Operation principal inspector or local Flight Standards List of Subjects in 14 CFR Part 39 No later than 60 days after the effective District Office, as appropriate. If sending date of this AD: Operation of an airplane information directly to the manager of the Air transportation, Aircraft, Aviation with any inoperative refuel valve (fueling certification office, send it to the attention of safety, Incorporation by reference, shut-off valve) of the reserve tank (on Model the person identified in paragraph (j) of this Safety. 747 series airplanes only), main tank, or AD. Information may be emailed to: 9-ANM- center tank that has failed in the open Adoption of the Amendment [email protected]. position is prohibited. (2) Before using any approved AMOC, Accordingly, under the authority (h) Minimum Equipment List (MEL) Items notify your appropriate principal inspector, delegated to me by the Administrator, or lacking a principal inspector, the manager The MMEL items specified in paragraphs the FAA amends 14 CFR part 39 as of the local flight standards district office/ (h)(1) through (5) of this AD are affected by certificate holding district office. follows: this prohibition and therefore may affect the (3) An AMOC that provides an acceptable operator’s FAA-approved MEL. level of safety may be used for any repair, PART 39—AIRWORTHINESS (1) For Model 747–100, –200, and –300 modification, or alteration required by this DIRECTIVES series airplanes: The following ‘‘Pressure Fueling System’’ items. AD if it is approved by The Boeing Company ■ 1. The authority citation for part 39 (i) MMEL Item 28–20 2), ‘‘Main Tank 1 and Organization Designation Authorization continues to read as follows: 4 Refueling Valves.’’ (ODA) that has been authorized by the Manager, Seattle ACO Branch, FAA, to make Authority: 49 U.S.C. 106(g), 40113, 44701. (ii) MMEL Item 28–20 3), ‘‘Main Tank 2 and 3 Refueling Valves.’’ those findings. To be approved, the repair § 39.13 [Amended] (iii) MMEL Item 28–20 4), ‘‘Center Tank method, modification deviation, or alteration Refueling Valves.’’ deviation must meet the certification basis of ■ 2. The FAA amends § 39.13 by adding (iv) MMEL Item 28–20 5), ‘‘Reserve Tank the airplane, and the approval must the following new airworthiness 1 and 4 Refueling Valves.’’ specifically refer to this AD. directive: (v) MMEL Item 28–20 6), ‘‘Reserve Tank 2 (j) Related Information and 3 Refueling Valves.’’ 2021–06–10 The Boeing Company: For more information about this AD, Amendment 39–21477; Docket No. (2) For Model 747–400LCF series airplanes: MMEL Item 28–21–1 1), ‘‘Refuel Valves,’’ contact Douglas Mansell, Aerospace FAA–2020–0785; Product Identifier Engineer, Propulsion Section, FAA, Seattle 2020–NM–063–AD. second dispatch case with refueling valves inoperative open. ACO Branch, 2200 South 216th St., Des (a) Effective Date (3) For Model 747–400 series airplanes: Moines, WA 98190; phone and fax: 206–231– 3875; email: [email protected]. This airworthiness directive (AD) is MMEL Item 28–21–1 1), ‘‘Refuel Valves,’’ effective April 28, 2021. first dispatch case with refueling valves (k) Material Incorporated by Reference inoperative open. (b) Affected ADs (4) For Model 747–8 series airplanes: The None. None. following ‘‘Refuel Valves’’ items. Issued on March 12, 2021. (i) MMEL Item 28–21–01–01–01A, ‘‘Refuel Lance T. Gant, (c) Applicability Valves.’’ Director, Compliance & Airworthiness This AD applies to all The Boeing (ii) MMEL Item 28–21–01–02–01A, ‘‘Refuel Division, Aircraft Certification Service. Company airplanes, certificated in any Valves.’’ category, identified in paragraphs (c)(1) and (5) For Model 767 series airplanes (except [FR Doc. 2021–06023 Filed 3–23–21; 8:45 am] (2) of this AD. Model 767–2C airplanes, for which there is BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION • Hand Delivery: Deliver to Mail • A visual inspection of the upper address above between 9 a.m. and 5 and lower side of each blade tip cap for Federal Aviation Administration p.m., Monday through Friday, except swelling or deformation; and Federal holidays. • A dye-penetrant inspection of the 14 CFR Part 39 For Agusta and Leonardo Helicopters tip cap leading edge along the welded [Docket No. FAA–2021–0194; Project service information identified in this joint line of the upper and lower tip cap Identifier MCAI–2020–01434–R; Amendment final rule, contact Leonardo S.p.a. skin shells for a crack. 39–21482; AD 2021–07–05] Helicopters, Emanuele Bufano, Head of For any MRB with a tip cap P/N 709– Airworthiness, Viale G.Agusta 520, 0103–29–109 installed, the AD required RIN 2120–AA64 21017 C.Costa di Samarate (Va) Italy; visually inspecting for a crack on the leading edge at the welded bead (joint Airworthiness Directives; Leonardo telephone +39–0331–225074; fax +39– line of shells) using a 10x or higher S.p.a. (Type Certificate Previously Held 0331–229046; or at https:// power magnifying glass, and if there is by Agusta S.p.A.) (Leonardo) www.leonardocompany.com/en/home. damage other than a crack, inspecting Helicopters You may view this service information at the FAA, Office of the Regional the area using a dye-penetrant AGENCY: Federal Aviation Counsel, Southwest Region, 10101 inspection method, within the following Administration (FAA), DOT. compliance times: Hillwood Pkwy., Room 6N–321, Fort • ACTION: Final rule; request for Worth, TX 76177. For information on For a tip cap P/N 709–0103–29–109 comments. the availability of this material at the with 600 or more hours TIS, inspect FAA, call (817) 222–5110. It is also within the next 5 hours TIS or 30 days, SUMMARY: The FAA is superseding available at https://www.regulations.gov whichever occurs first, and thereafter at Airworthiness Directive (AD) 2007–26– by searching for and locating Docket No. intervals not to exceed 50 hours TIS; or 52 which applied to certain Agusta • FAA–2021–0194. For a tip cap P/N 709–0103–29–109 S.p.A. (now Leonardo) Model A109C, with less than 600 hours TIS, inspect A109E, and A109K2 helicopters. AD Examining the AD Docket before reaching 600 hours TIS, and 2007–26–52 required inspecting for You may examine the AD docket at thereafter, at intervals not to exceed 50 swelling, deformation, bonding https://www.regulations.gov by hours TIS. separation, and for a crack on each main searching for and locating Docket No. AD 2007–26–52 also required rotor blade (MRB) with a certain part- FAA–2021–0194; or in person at Docket replacing the MRB if swelling, numbered tip cap installed, and Operations between 9 a.m. and 5 p.m., deformation, a crack, or bonding removing the MRB from service before Monday through Friday, except Federal separation that exceeds the prescribed further flight if any of these conditions holidays. The AD docket contains this limits is found in an MRB with an exist and exceed the prescribed limits. final rule, the European Union Aviation affected prefix, except an MRB with a This AD retains all inspections for Safety Agency (EASA) AD, any tip cap P/N 709–0103–29–109. The certain serial-numbered MRBs, but for comments received, and other MRB must be replaced with an MRBs with a certain tip cap installed, information. The street address for airworthy MRB before further flight. If a this AD requires dye-penetrant Docket Operations is listed above. crack is found in a MRB with tip cap P/ inspections rather than visual N 709–0103–29–109, then AD 2007–26– inspections. This AD was prompted by FOR FURTHER INFORMATION CONTACT: Fred 52 required replacing the MRB before additional reports of in-flight loss of Guerin, Aerospace Engineer, General further flight. The actions were required part of a tip cap. The FAA is issuing this Aviation & Rotorcraft Section, to be accomplished in accordance with AD to address the unsafe condition on International Validation Branch, FAA, the manufacturer’s service information. these products. 2200 South 216th St., Des Moines, WA AD 2007–26–52 was prompted by 98198; telephone (206) 231–3500; email DATES: This AD becomes effective April EASA AD 2007–0306–E, dated [email protected]. 8, 2021. December 14, 2007 (EASA AD 2007– The Director of the Federal Register SUPPLEMENTARY INFORMATION: 0306–E). EASA, which is the Technical approved the incorporation by reference Background Agent for the Member States of the of certain documents listed in this AD European Union, notified the FAA that as of April 8, 2021. The FAA issued Emergency AD 2007– an unsafe condition may exist on Agusta The Director of the Federal Register 26–52 on December 20, 2007 and Model A109C, A109E, and A109K2 approved the incorporation by reference published it as a Final rule; request for helicopters. EASA advises that an of certain other documents listed in this comments on May 9, 2008, as incident occurred in which a Model AD as of January 7, 2002 (66 FR 60144, Amendment 39–15519 (73 FR 26316). A109E helicopter lost part of the tip of December 3, 2001). AD 2007–26–52 applied to Agusta the MRB due to fracture of the welded The FAA must receive comments on S.p.A. (now Leonardo) Model A109C, bead (joint line of shells). The this AD by May 10, 2021. A109E, and A109K2 helicopters with an manufacturer advised that the ADDRESSES: You may send comments, MRB part number (P/N) 709–0103–01- investigation relating to this tip cap using the procedures found in 14 CFR all dash numbers installed. AD 2007– failure was still ongoing. 11.43 and 11.45, by any of the following 26–52 required, for any MRB with a serial number (S/N) with a prefix of Actions Since AD 2007–26–52 Was methods: Issued • Federal eRulemaking Portal: Go to either ‘‘EM-’’ or ‘‘A5-’’, except a MRB https://www.regulations.gov. Follow the with a tip cap P/N 709–0103–29–109, Since the FAA issued AD 2007–26– instructions for submitting comments. within 10 hours time-in-service (TIS) 52, EASA issued AD 2020–0230, dated • Fax: (202) 493–2251. and thereafter at intervals not to exceed October 22, 2020 (EASA AD 2020– • Mail: U.S. Department of 25 hours TIS: 0230), which supersedes EASA AD Transportation, Docket Operations, M– • A tap inspection of the upper and 2007–0306–E, to correct an unsafe 30, West Building Ground Floor, Room lower sides of each tip cap and in the condition for Leonardo S.p.a. W12–140, 1200 New Jersey Avenue SE, tip cap to blade bond area for bonding Helicopters, formerly Finmeccanica Washington, DC 20590. separation; S.p.A., AgustaWestland S.p.A., Agusta
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S.p.A., Model A109E, A109K2, and edge at the welded bead (joint line of interest.’’ Under this section, an agency, A109C helicopters, all serial numbers. shells) and removes the magnifying upon finding good cause, may issue a EASA advises that recent occurrences of glass inspection that was specified in final rule without providing notice and affected parts detachment have been the original ASBs. seeking comment prior to issuance. reported. EASA advises that the visual This service information is reasonably Further, section 553(d) of the APA inspection for MRBs with tip cap P/N available because the interested parties authorizes agencies to make rules 709–0103–29–109 installed is no longer have access to it through their normal effective in less than thirty days, upon acceptable to detect part cracking and course of business or by the means a finding of good cause. that this condition, if not detected and identified in the ADDRESSES section. An unsafe condition exists that requires the immediate adoption of this corrected, could lead to further affected AD Requirements parts detachments, possibly resulting in AD without providing an opportunity reduced control of the helicopter. This AD continues to require, for an for public comments prior to adoption. Accordingly, EASA AD 2020–0230 MRB with a S/N that has a prefix of The FAA has found that the risk to the replaces the requirements of EASA AD either ‘‘EM-’’ or ‘‘A5-’’, except an MRB flying public justifies foregoing notice 2007–0306–E for MRBs with a tip cap P/ with a tip cap P/N 709–0103–29–109 and comment prior to adoption of this N 709–0103–29–109 installed, by installed, within 10 hours TIS after the rule because inspections for certain changing the visual inspections of effective date of this AD and thereafter MRBs must be accomplished within 5 or affected parts to dye-penetrant at intervals not to exceed 25 hours TIS, 10 hours TIS after the effective date of inspections and requires, depending on tap inspecting each tip cap for bonding this AD, depending on the MRB, and findings, replacement. separation in specified areas; tap corrective action is required before inspecting for bonding separation in the further flight. Accordingly, notice and FAA’s Determination tip cap to blade bond area; visually opportunity for prior public comment These helicopters have been approved inspecting the upper and lower sides of are impracticable and contrary to the by EASA and are approved for operation each blade tip cap for swelling or public interest pursuant to 5 U.S.C. in the United States. Pursuant to the deformation; and dye-penetrant 553(b)(3)(B). In addition, the FAA finds FAA’s bilateral agreement with the inspecting the tip cap leading edge that good cause exists pursuant to 5 European Union, EASA has notified the along the welded joint line of the upper U.S.C. 553(d) for making this FAA about the unsafe condition and lower tip cap skin shells for a crack. amendment effective in less than 30 described in its AD. The FAA is issuing If there is any swelling, deformation, or days, for the same reasons the FAA this AD after evaluating all known crack, or bonding separation that found good cause to forego notice and relevant information and determining exceeds allowable limits, removing the comment. blade from service is required before that the unsafe condition described Comments Invited previously is likely to exist or develop further flight; if there is no swelling, on other helicopters of the same type deformation or crack, or if bonding The FAA invites you to send any designs. separation does not exceed allowable written data, views, or arguments about limits, continuing the inspections is this final rule. Send your comments to Related Service Information Under 1 required. an address listed under ADDRESSES. CFR Part 51 For an MRB with a tip cap P/N 709– Include ‘‘Docket No. FAA–2021–0194; The FAA previously reviewed the 0103–29–109 installed, this AD now Project Identifier MCAI–2020–01434–R’’ following Agusta Alert Bollettino requires, for each tip cap with less than at the beginning of your comments. The Tecnicos (BT), each Revision B and each 600 hours TIS, before reaching 600 most helpful comments reference a dated December 19, 2000: hours TIS, and thereafter, at intervals specific portion of the final rule, explain • No. 109–106 which applies to not to exceed 50 hours TIS, or for each the reason for any recommended Model A109C helicopters; tip cap with 600 or more hours TIS, change, and include supporting data. • No. 109EP–1 which applies to within the next 5 hours TIS or 30 days The FAA will consider all comments Model A109E helicopters; and after the effective date of this AD, received by the closing date and may • No. 109K–22 which applies to whichever occurs first, and thereafter at amend this final rule because of those Model A109K2 helicopters. intervals not to exceed 50 hours TIS, comments. These BTs specify procedures for dye-penetrant inspecting the welded Except for Confidential Business inspecting the MRB tip cap for bonding bead on the tip cap leading edge (joint Information (CBI) as described in the separation and a crack; a tap inspection line between the two metal shells) for a following paragraph, and other of the tip cap for bonding separation in crack and removing the tip cap from information as described in 14 CFR the blade bond; and a dye-penetrant service if there is a crack. 11.35, the FAA will post all comments inspection of the tip cap leading edge This AD also prohibits installing an received, without change, to https:// along the welded joint line of the upper MRB with tip cap P/N 709–0103–29– www.regulations.gov, including any and lower tip cap skin shells for a crack. 109 on any helicopter unless it has been personal information you provide. The The FAA reviewed the following inspected in accordance with the agency will also post a report Leonardo Helicopters Alert Service inspection requirements of this AD. summarizing each substantive verbal Bulletins (ASBs), each Revision A and contact received about this final rule. Justification for Immediate Adoption each dated October 19, 2020: and Determination of the Effective Date Confidential Business Information • No. 109–125 which applies to Model A109C helicopters; Section 553(b)(3)(B) of the CBI is commercial or financial • No. 109EP–085 which applies to Administrative Procedure Act (APA) (5 information that is both customarily and Model A109E helicopters; and U.S.C. 551 et seq.) authorizes agencies actually treated as private by its owner. • No. 109K–048 which applies to to dispense with notice and comment Under the Freedom of Information Act Model A109K2 helicopters. procedures for rules when the agency, (FOIA) (5 U.S.C. 552), CBI is exempt These ASBs specify dye-penetrant for ‘‘good cause,’’ finds that those from public disclosure. If your inspecting the tip cap P/N 709–0103– procedures are ‘‘impracticable, comments responsive to this AD contain 29–109 for cracks on the tip cap leading unnecessary, or contrary to the public commercial or financial information
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that is customarily treated as private, warranty, thereby reducing the cost ■ b. Adding the following new AD: that you actually treat as private, and impact on affected operators. 2021–07–05 Leonardo S.p.a. (Type that is relevant or responsive to this AD, Authority for This Rulemaking Certificate Previously Held by Agusta it is important that you clearly designate S.p.A.) (Leonardo): Amendment 39– the submitted comments as CBI. Please Title 49 of the United States Code 21482; Docket No. FAA–2021–0194; mark each page of your submission specifies the FAA’s authority to issue Project Identifier MCAI–2020–01434–R. rules on aviation safety. Subtitle I, containing CBI as ‘‘PROPIN.’’ The FAA (a) Effective Date will treat such marked submissions as section 106, describes the authority of the FAA Administrator. Subtitle VII: This airworthiness directive (AD) is confidential under the FOIA, and they effective April 8, 2021. will not be placed in the public docket Aviation Programs, describes in more of this AD. Submissions containing CBI detail the scope of the Agency’s (b) Affected ADs should be sent to Fred Guerin, authority. This AD replaces AD 2007–26–52, Aerospace Engineer, General Aviation & The FAA is issuing this rulemaking Amendment 39–15519 (73 FR 26316, May 9, Rotorcraft Section, International under the authority described in 2008). Validation Branch, FAA, 2200 South Subtitle VII, Part A, Subpart III, Section (c) Applicability 216th St., Des Moines, WA 98198; 44701: General requirements. Under that section, Congress charges the FAA This AD applies to Leonardo Model telephone (206) 231–3500; email A109C, A109E, and A109K2 helicopters, [email protected]. Any commentary with promoting safe flight of civil certificated in any category, with a main rotor that the FAA receives which is not aircraft in air commerce by prescribing blade (MRB) part number (P/N) 709–0103– specifically designated as CBI will be regulations for practices, methods, and 01-all dash numbers installed. procedures the Administrator finds placed in the public docket for this (d) Subject rulemaking. necessary for safety in air commerce. This regulation is within the scope of Joint Aircraft Service Component (JASC) Regulatory Flexibility Act that authority because it addresses an Code: 6210, Main Rotor Blades. The requirements of the Regulatory unsafe condition that is likely to exist or (e) Unsafe Condition Flexibility Act (RFA) do not apply when develop on products identified in this This AD was prompted by reports of the in- an agency finds good cause pursuant to rulemaking action. flight loss of tip caps. The FAA is issuing this 5 U.S.C. 553 to adopt a rule without Regulatory Findings AD to prevent loss of a tip cap from an MRB. prior notice and comment. Because the The unsafe condition, if not addressed, could FAA has determined that it has good This AD will not have federalism result in an increase in MRB vibration and cause to adopt this rule without prior implications under Executive Order subsequent loss of control of the helicopter. notice and comment, RFA analysis is 13132. This AD will not have a (f) Compliance substantial direct effect on the States, on not required. Comply with this AD within the the relationship between the national Costs of Compliance compliance times specified, unless already Government and the States, or on the done. The FAA estimates that this AD distribution of power and (g) Required Actions affects 72 helicopters of U.S. Registry. responsibilities among the various Labor rates are estimated at $85 per levels of government. (1) For an MRB with a serial number that work-hour. Based on these numbers, the For the reasons discussed, I certify has a prefix of either ‘‘EM-’’ or ‘‘A5-’’, except that this AD: an MRB with a tip cap P/N 709–0103–29–109 FAA estimates the following costs to installed, within 10 hours time-in-service comply with this AD. (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (TIS) after the effective date of this AD, Each tap inspection will take about 3 unless accomplished previously, and work-hours and there are no parts costs and thereafter at intervals not to exceed 25 hours for an estimated cost of about $255 per (2) Will not affect intrastate aviation TIS: helicopter per inspection cycle. in Alaska. (i) Tap inspect the upper and lower sides Each visual inspection will take about List of Subjects in 14 CFR Part 39 of each tip cap for bonding separation 1 work-hour and there are no parts cost between the metal shells and the honeycomb Air transportation, Aircraft, Aviation core using a steel hammer P/N 109–3101–58– for an estimated cost of about $85 per safety, Incorporation by reference, 1 or a coin (quarter) in the area indicated as helicopter per inspection cycle. Safety. honeycomb core on Figure 1 of Agusta Alert Each dye-penetrant inspection will Bollettino Tecnico (BT) No. 109–106, BT No. take about 3 work-hours and parts will Adoption of the Amendment 109K–22, or BT No. 109EP–1, each Revision cost about $100 for an estimated cost of Accordingly, under the authority B and each dated December 19, 2000 (BT No. about $355 per helicopter per inspection delegated to me by the Administrator, 109–106, BT No. 109K–22, or BT No. 109EP– 1), as applicable to your helicopter model. cycle. the FAA amends 14 CFR part 39 as Replacing a blade, if required, will Also, tap inspect for bonding separation in follows: the tip cap to blade bond area (no bonding take about 2 work-hours and parts will voids are permitted in this area). cost about $98,435 per blade, for an PART 39—AIRWORTHINESS (ii) Visually inspect the upper and lower estimated cost of about $98,605 per DIRECTIVES sides of each blade tip cap for swelling or replacement. deformation. Replacing a tip cap, if required, will ■ 1. The authority citation for part 39 (iii) Dye-penetrant inspect the tip cap take about 30 work-hours and parts will continues to read as follows: leading edge along the welded joint line of cost about $3,034 per tip cap, for an Authority: 49 U.S.C. 106(g), 40113, 44701. the upper and lower tip cap skin shells for estimated cost of about $5,584 per a crack in accordance with the Compliance replacement. § 39.13 [Amended] Instructions, steps 3. through 3.2.6., of BT No. 109–106, BT No. 109K–22, or BT No. ■ The FAA has included all known 2. The FAA amends § 39.13 by: 109EP–1, as applicable to your helicopter costs in its cost estimate. According to ■ a. Removing Airworthiness Directive model. the manufacturer, however, some of the (AD) 2007–26–52, Amendment 39– (iv) If there is any swelling, deformation, costs of this AD may be covered under 15519 (73 FR 26316, May 9, 2008); and or crack; or bonding separation that exceeds
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allowable limits, remove the blade from (2) The subject of this AD is addressed in DEPARTMENT OF TRANSPORTATION service before further flight. European Union Aviation Safety Agency (v) If there is no swelling, deformation or (EASA) AD 2020–0230, dated October 22, Federal Aviation Administration crack; or if bonding separation does not 2020. You may view the EASA AD on the exceed allowable limits, continue to perform internet at https://www.regulations.gov in 14 CFR Part 97 the inspections required by this AD. Docket No. FAA–2021–0194. (2) For an MRB with a tip cap P/N 709– 0103–29–109 installed, perform the following (k) Material Incorporated by Reference [Docket No. 31360; Amdt. No. 3948] at the specified intervals: (i) For each tip cap with less than 600 (1) The Director of the Federal Register Standard Instrument Approach hours TIS, before reaching 600 hours TIS, approved the incorporation by reference of Procedures, and Takeoff Minimums and thereafter, at intervals not to exceed 50 the service information listed in this and Obstacle Departure Procedures; hours TIS or paragraph under 5 U.S.C. 552(a) and 1 CFR Miscellaneous Amendments (ii) For each tip cap with 600 or more part 51. hours TIS, within the next 5 hours TIS or 30 (2) You must use this service information AGENCY: Federal Aviation days after the effective date of this AD, as applicable to do the actions required by Administration (FAA), DOT. whichever occurs first, and thereafter at this AD, unless the AD specifies otherwise. intervals not to exceed 50 hours TIS. ACTION: Final rule. (3) The following service information was (A) Dye-penetrant inspect the welded bead on the tip cap leading edge (joint line approved for IBR on April 8, 2021. SUMMARY: This rule amends, suspends, between the two metal shells) for a crack in (i) Leonardo Helicopters Alert Service or removes Standard Instrument accordance with the Accomplishment Bulletin No. 109–125, Revision A, dated Approach Procedures (SIAPs) and Instructions, steps 3.1 through 3.6, of October 19, 2020. associated Takeoff Minimums and Leonardo Helicopters Alert Service Bulletin (ii) Leonardo Helicopters Alert Service Obstacle Departure Procedures for (ASB) No. 109–125, ASB No. 109EP–085, or Bulletin No. 109EP–085, Revision A, dated operations at certain airports. These ASB No. 109K–048, each at Revision A and October 19, 2020. each dated October 19, 2020, as applicable regulatory actions are needed because of (iii) Leonardo Helicopters Alert Service the adoption of new or revised criteria, your helicopter model. Bulletin No. 109K–048, Revision A, dated (B) If there is a crack, remove the tip cap or because of changes occurring in the October 19, 2020. from service before further flight. National Airspace System, such as the (3) As of the effective date of this AD, do (4) The following service information was commissioning of new navigational not install any MRB with tip cap P/N 709– approved for IBR on January 7, 2002 (66 FR facilities, adding new obstacles, or 0103–29–109 on any helicopter unless it has 60144, December 3, 2001). changing air traffic requirements. These (i) Agusta Alert Bollettino Tecnico No. been inspected in accordance with the changes are designed to provide for the inspection requirements of this AD. 109–106, Revision B, dated December 19, safe and efficient use of the navigable 2000. (h) Special Flight Permits airspace and to promote safe flight (ii) Agusta Alert Bollettino Tecnico No. operations under instrument flight rules Special flight permits may be issued in 109EP–1, Revision B, dated December 19, accordance with 14 CFR 21.197 and 21.199 2000. at the affected airports. to operate the helicopter to a location where DATES: This rule is effective March 24, the requirements of this AD can be (iii) Agusta Alert Bollettino Tecnico No. accomplished provided that: 109K–22, Revision B, dated December 9, 2021. The compliance date for each (1) No passengers are onboard; 2000. SIAP, associated Takeoff Minimums, (2) The time to fly to the location does not (5) For Leonardo Helicopters and Agusta and ODP is specified in the amendatory exceed 10 hours TIS; and service information identified in this AD, provisions. (3) The airspeed does not exceed 70 knots contact Leonardo S.p.a. Helicopters, The incorporation by reference of indicated air speed (KIAS). Emanuele Bufano, Head of Airworthiness, certain publications listed in the (i) Alternative Methods of Compliance Viale G. Agusta 520, 21017 C. Costa di regulations is approved by the Director (AMOCs) Samarate (Va) Italy; telephone +39–0331– of the Federal Register as of March 24, (1) The Manager, International Validation 225074; fax +39–0331–229046; or at https:// 2021. Branch, FAA, has the authority to approve www.leonardocompany.com/en/home. ADDRESSES: Availability of matter AMOCs for this AD, if requested using the (6) You may view this service information incorporated by reference in the procedures found in 14 CFR 39.19. In at the FAA, Office of the Regional Counsel, amendment is as follows: accordance with 14 CFR 39.19, send your Southwest Region, 10101 Hillwood Pkwy., request to your principal inspector or local Room 6N–321, Fort Worth, TX 76177. For For Examination Flight Standards District Office, as information on the availability of this appropriate. If sending information directly 1. U.S. Department of Transportation, material at the FAA, call (817) 222–5110. Docket Ops–M30, 1200 New Jersey to the manager of the International Validation (7) You may view this service information Branch, send it to the attention of the person Avenue SE, West Bldg., Ground Floor, that is incorporated by reference at the identified in paragraph (j)(1) of this AD. Washington, DC 20590–0001; National Archives and Records Information may be emailed to: 9-AVS-AIR- 2. The FAA Air Traffic Organization Administration (NARA). For information on [email protected]. Service Area in which the affected the availability of this material at NARA, (2) Before using any approved AMOC, airport is located; notify your appropriate principal inspector, email: [email protected], or go to: or lacking a principal inspector, the manager https://www.archives.gov/federal-register/cfr/ 3. The office of Aeronautical of the local flight standards district office/ ibr-locations.html. Navigation Products, 6500 South certificate holding district office. MacArthur Blvd., Oklahoma City, OK Issued on March 19, 2021. 73169 or, (j) Related Information Lance T. Gant, 4. The National Archives and Records (1) For more information about this AD, Director, Compliance & Airworthiness Administration (NARA). contact Fred Guerin, Aerospace Engineer, Division, Aircraft Certification Service. General Aviation & Rotorcraft Section, For information on the availability of International Validation Branch, FAA, 2200 [FR Doc. 2021–06200 Filed 3–22–21; 4:15 pm] this material at NARA, email South 216th St., Des Moines, WA 98198; BILLING CODE 4910–13–P [email protected] or go to: https:// telephone (206) 231–3500; email www.archives.gov/federal-register/cfr/ [email protected]. ibr-locations.html.
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Availability Availability and Summary of Material necessary to keep them operationally Incorporated by Reference current. It, therefore—(1) is not a All SIAPs and Takeoff Minimums and The material incorporated by ‘‘significant regulatory action’’ under ODPs are available online free of charge. reference is publicly available as listed Executive Order 12866; (2) is not a Visit the National Flight Data Center in the ADDRESSES section. ‘‘significant rule’’ under DOT regulatory online at nfdc.faa.gov to register. The material incorporated by Policies and Procedures (44 FR 11034; Additionally, individual SIAP and reference describes SIAPs, Takeoff February 26, 1979); and (3) does not Takeoff Minimums and ODP copies may Minimums and ODPs as identified in warrant preparation of a regulatory be obtained from the FAA Air Traffic the amendatory language for part 97 of evaluation as the anticipated impact is Organization Service Area in which the this final rule. so minimal. For the same reason, the affected airport is located. FAA certifies that this amendment will The Rule not have a significant economic impact FOR FURTHER INFORMATION CONTACT: This amendment to 14 CFR part 97 is on a substantial number of small entities Thomas J. Nichols, Flight Procedures effective upon publication of each under the criteria of the Regulatory and Airspace Group, Flight separate SIAP and Takeoff Minimums Flexibility Act. Technologies and Procedures Division, and ODP as amended in the transmittal. List of Subjects in 14 CFR Part 97 Flight Standards Service, Federal For safety and timeliness of change Aviation Administration. Mailing considerations, this amendment Air traffic control, Airports, Address: FAA Mike Monroney incorporates only specific changes Incorporation by reference, Navigation Aeronautical Center, Flight Procedures contained for each SIAP and Takeoff (air). and Airspace Group, 6500 South Minimums and ODP as modified by Issued in Washington, DC, on March 5, MacArthur Blvd., Registry Bldg. 29, FDC permanent NOTAMs. 2021. Room 104, Oklahoma City, OK 73169. The SIAPs and Takeoff Minimums Wade Terrell, and ODPs, as modified by FDC Telephone: (405) 954–4164. Aviation Safety Manager, Flight Procedures permanent NOTAM, and contained in SUPPLEMENTARY INFORMATION: This rule & Airspace Group, Flight Technologies and this amendment are based on criteria Procedures Division. amends 14 CFR part 97 by amending the contained in the U.S. Standard for referenced SIAPs. The complete Terminal Instrument Procedures Adoption of the Amendment regulatory description of each SIAP is (TERPS). In developing these changes to Accordingly, pursuant to the listed on the appropriate FAA Form SIAPs and Takeoff Minimums and authority delegated to me, Title 14, CFR 8260, as modified by the National Flight ODPs, the TERPS criteria were applied part 97, (is amended by amending Data Center (NFDC)/Permanent Notice only to specific conditions existing at Standard Instrument Approach to Airmen (P–NOTAM), and is the affected airports. All SIAP Procedures and Takeoff Minimums and incorporated by reference under 5 amendments in this rule have been ODPs, effective at 0901 UTC on the U.S.C. 552(a), 1 CFR part 51, and 14 previously issued by the FAA in a FDC dates specified, as follows: CFR 97.20. The large number of SIAPs, NOTAM as an emergency action of their complex nature, and the need for immediate flight safety relating directly PART 97—STANDARD INSTRUMENT a special format make their verbatim to published aeronautical charts. APPROACH PROCEDURES publication in the Federal Register The circumstances that created the ■ expensive and impractical. Further, need for these SIAP and Takeoff 1. The authority citation for part 97 continues to read as follows: airmen do not use the regulatory text of Minimums and ODP amendments the SIAPs, but refer to their graphic require making them effective in less Authority: 49 U.S.C. 106(f), 106(g), 40103, depiction on charts printed by than 30 days. 40106, 40113, 40114, 40120, 44502, 44514, Because of the close and immediate 44701, 44719, 44721–44722. publishers of aeronautical materials. relationship between these SIAPs, ■ 2. Part 97 is amended to read as Thus, the advantages of incorporation Takeoff Minimums and ODPs, and by reference are realized and follows: safety in air commerce, I find that notice By amending: § 97.23 VOR, VOR/ publication of the complete description and public procedure under 5 U.S.C. of each SIAP contained on FAA form DME, VOR or TACAN, and VOR/DME 553(b) are impracticable and contrary to or TACAN; § 97.25 LOC, LOC/DME, documents is unnecessary. This the public interest and, where amendment provides the affected CFR LDA, LDA/DME, SDF, SDF/DME; applicable, under 5 U.S.C. 553(d), good § 97.27 NDB, NDB/DME; § 97.29 ILS, sections, and specifies the SIAPs and cause exists for making these SIAPs Takeoff Minimums and ODPs with their ILS/DME, MLS, MLS/DME, MLS/RNAV; effective in less than 30 days. § 97.31 RADAR SIAPs; § 97.33 RNAV applicable effective dates. This The FAA has determined that this SIAPs; and § 97.35 COPTER SIAPs, amendment also identifies the airport regulation only involves an established Identified as follows: and its location, the procedure and the body of technical regulations for which amendment number. frequent and routine amendments are * * * Effective Upon Publication
AIRAC date State City Airport FDC No. FDC date Subject
22–Apr–21 ... IA Marshalltown ...... Marshalltown Muni ...... 0/0038 12/21/20 VOR RWY 31, Amdt 2A. 22–Apr–21 ... IA Marshalltown ...... Marshalltown Muni ...... 0/0039 12/21/20 VOR RWY 13, Amdt 2A. 22–Apr–21 ... MS Jackson ...... Jackson-Medgar Wiley Evers 0/6207 12/8/20 RNAV (GPS) RWY 16L, Amdt Intl. 2B. 22–Apr–21 ... MS Jackson ...... Jackson-Medgar Wiley Evers 0/6217 12/8/20 RNAV (GPS) RWY 16R, Amdt Intl. 2B. 22–Apr–21 ... MS Jackson ...... Jackson-Medgar Wiley Evers 0/6231 12/8/20 RNAV (GPS) RWY 34R, Amdt Intl. 2B.
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AIRAC date State City Airport FDC No. FDC date Subject
22–Apr–21 ... MS Jackson ...... Jackson-Medgar Wiley Evers 0/6232 12/8/20 RNAV (GPS) RWY 34L, Amdt Intl. 3B. 22–Apr–21 ... MS Jackson ...... Jackson-Medgar Wiley Evers 0/6237 12/8/20 RADAR–1, Amdt 12. Intl. 22–Apr–21 ... MS Jackson ...... Jackson-Medgar Wiley Evers 0/6238 12/8/20 ILS OR LOC RWY 16L, Amdt Intl. 8B. 22–Apr–21 ... MS Jackson ...... Jackson-Medgar Wiley Evers 0/6239 12/8/20 VOR/DME OR TACAN RWY Intl. 16L, Orig-A. 22–Apr–21 ... MS Jackson ...... Jackson-Medgar Wiley Evers 0/6241 12/8/20 VOR/DME OR TACAN RWY Intl. 16R, Orig-A. 22–Apr–21 ... MS Jackson ...... Jackson-Medgar Wiley Evers 0/6242 12/8/20 VOR/DME OR TACAN RWY Intl. 34L, Orig-A. 22–Apr–21 ... MS Jackson ...... Jackson-Medgar Wiley Evers 0/6257 12/8/20 ILS OR LOC RWY 34L, Amdt Intl. 6C. 22–Apr–21 ... VA Martinsville ...... Blue Ridge ...... 0/6341 12/7/20 RNAV (GPS) RWY 31, Amdt 3. 22–Apr–21 ... MT Helena ...... Helena Rgnl ...... 0/6933 12/30/20 RNAV (GPS) X RWY 27, Amdt 1C. 22–Apr–21 ... MT Helena ...... Helena Rgnl ...... 0/6934 12/30/20 LOC/DME BC–C, Amdt 5A. 22–Apr–21 ... MT Helena ...... Helena Rgnl ...... 0/6936 12/30/20 ILS OR LOC Z RWY 27, Amdt 2A. 22–Apr–21 ... OK Medford ...... Medford Muni ...... 0/7900 12/30/20 RNAV (GPS) RWY 35, Orig-B. 22–Apr–21 ... OK Medford ...... Medford Muni ...... 0/7901 12/30/20 RNAV (GPS) RWY 17, Orig-A. 22–Apr–21 ... OH Akron ...... Akron Fulton Intl ...... 0/8976 12/30/20 LOC RWY 25, Amdt 14A. 22–Apr–21 ... OH Akron ...... Akron Fulton Intl ...... 0/8977 12/30/20 NDB RWY 25, Amdt 15B. 22–Apr–21 ... OH Akron ...... Akron Fulton Intl ...... 0/8979 12/30/20 RNAV (GPS) RWY 25, Orig-B. 22–Apr–21 ... MO Gideon ...... Gideon Meml ...... 1/0607 2/8/21 RNAV (GPS) RWY 33, Orig-A. 22–Apr–21 ... MO Gideon ...... Gideon Meml ...... 1/0608 2/8/21 RNAV (GPS) RWY 15, Orig-A. 2–Apr–21 ..... WV Charleston ...... Yeager ...... 1/0749 2/5/21 ILS OR LOC RWY 5, Orig. 22–Apr–21 ... TX Center ...... Center Muni ...... 1/1436 2/8/21 RNAV (GPS) RWY 35, Orig-B. 22–Apr–21 ... TX Center ...... Center Muni ...... 1/1437 2/8/21 RNAV (GPS) RWY 17, Orig-C. 22–Apr–21 ... TX Henderson ...... Rusk County ...... 1/1587 1/27/21 VOR/DME–A, Amdt 3B. 22–Apr–21 ... GA Toccoa ...... Toccoa Rg Letourneau Fld .. 1/1862 1/11/21 RNAV (GPS) RWY 21, Amdt 2. 22–Apr–21 ... CO Steamboat Springs ...... Steamboat Springs/Bob 1/1865 1/14/21 VOR/DME–C, Amdt 1C. Adams Fld. 22–Apr–21 ... MA Northampton ...... Northampton ...... 1/1884 1/11/21 RNAV (GPS) RWY 14, Orig-A. 22–Apr–21 ... MA Northampton ...... Northampton ...... 1/1885 1/11/21 VOR/DME–B, Amdt 5A. 22–Apr–21 ... CA Crescent City ...... Jack Mc Namara Field ...... 1/1981 1/14/21 RNAV (GPS) RWY 36, Amdt 1. 22–Apr–21 ... PA Philipsburg ...... Mid-State ...... 1/2045 2/24/21 RNAV (GPS) RWY 16, Orig-D. 22–Apr–21 ... TX Uvalde ...... Garner Fld ...... 1/2055 2/11/21 RNAV (GPS) RWY 33, Orig-A. 22–Apr–21 ... TX Uvalde ...... Garner Fld ...... 1/2057 2/11/21 NDB RWY 33, Amdt 2. 22–Apr–21 ... RI Westerly ...... Westerly State ...... 1/2432 2/25/21 RNAV GPS RWY 7, Orig-B. 22–Apr–21 ... GA Atlanta ...... Covington Muni ...... 1/2761 2/22/21 NDB RWY 28, Amdt 3B. 22–Apr–21 ... KY Hartford ...... Ohio County ...... 1/2796 1/21/21 RNAV (GPS) RWY 21, Orig-D. 22–Apr–21 ... KY Hartford ...... Ohio County ...... 1/2797 1/21/21 RNAV (GPS) RWY 3, Orig-D. 22–Apr–21 ... MO Bolivar ...... Bolivar Muni ...... 1/3140 1/22/21 RNAV (GPS) RWY 36, Orig-A. 22–Apr–21 ... MO Bolivar ...... Bolivar Muni ...... 1/3141 1/22/21 RNAV (GPS) RWY 18, Orig. 22–Apr–21 ... TX Lubbock ...... Lubbock Preston Smith Intl .. 1/3930 1/15/21 RNAV (GPS) Y RWY 17R, Amdt 2C. 22–Apr–21 ... IA Keokuk ...... Keokuk Muni ...... 1/4082 2/17/21 RNAV (GPS) RWY 32, Orig-B. 22–Apr–21 ... IA Keokuk ...... Keokuk Muni ...... 1/4083 2/17/21 RNAV (GPS) RWY 26, Orig-B. 22–Apr–21 ... IA Keokuk ...... Keokuk Muni ...... 1/4086 2/17/21 RNAV (GPS) RWY 14, Orig-C. 22–Apr–21 ... IA Keokuk ...... Keokuk Muni ...... 1/4088 2/17/21 RNAV (GPS) RWY 8, Orig-B. 22–Apr–21 ... IA Keokuk ...... Keokuk Muni...... 1/4090 2/17/21 ILS OR LOC/DME RWY 26, Orig-D. 22–Apr–21 ... MO Harrisonville ...... Lawrence Smith Meml ...... 1/4305 1/22/21 RNAV (GPS) RWY 35, Orig-B. 22–Apr–21 ... MO Harrisonville ...... Lawrence Smith Meml ...... 1/4306 1/22/21 RNAV (GPS) RWY 17, Orig-A. 22–Apr–21 ... IL Chicago ...... Chicago O’Hare Intl ...... 1/5384 1/20/21 RNAV (GPS) Y RWY 10R, Orig- A. 22–Apr–21 ... IL Chicago ...... Chicago O’Hare Intl ...... 1/5385 1/20/21 RNAV (GPS) PRM Y RWY 10R, Orig-A. 22–Apr–21 ... IL Chicago ...... Chicago O’Hare Intl ...... 1/5386 1/20/21 ILS Y OR LOC Y RWY 10R, Orig-C. 22–Apr–21 ... IL Chicago ...... Chicago O’Hare Intl ...... 1/5387 1/20/21 ILS PRM Y RWY 10R (CLOSE PARALLEL), Orig-C. 22–Apr–21 ... IL Sparta ...... Sparta Community-Hunter 1/5602 2/25/21 RNAV (GPS) RWY 18, Amdt 1B. Fld. 22–Apr–21 ... IL Sparta ...... Sparta Community-Hunter 1/5603 2/25/21 RNAV (GPS) RWY 36, Orig-A. Fld. 22–Apr–21 ... PA Reedsville ...... Mifflin County ...... 1/5610 2/25/21 LOC RWY 6, Amdt 8C. 22–Apr–21 ... PA Reedsville ...... Mifflin County ...... 1/5611 2/25/21 RNAV (GPS) RWY 6, Orig-B. 22–Apr–21 ... PA Reedsville ...... Mifflin County ...... 1/5612 2/25/21 RNAV (GPS) RWY 24, Orig-C. 22–Apr–21 ... OR Pendleton ...... Eastern Oregon Rgnl At 1/5636 1/26/21 RNAV (GPS) RWY 29, Orig-A. Pendleton. 22–Apr–21 ... CA Sacramento ...... Sacramento Exec ...... 1/6082 2/2/21 VOR RWY 2, Amdt 10E.
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AIRAC date State City Airport FDC No. FDC date Subject
22–Apr–21 ... CA Sacramento ...... Sacramento Exec ...... 1/6083 2/2/21 ILS OR LOC RWY 2, Amdt 24E. 22–Apr–21 ... MD Fort Meade(Odenton) ...... Tipton ...... 1/6445 2/24/21 RNAV (GPS) RWY 10, Amdt 1B. 22–Apr–21 ... MD Fort Meade(Odenton) ...... Tipton ...... 1/6446 2/24/21 RNAV (GPS) RWY 28, Amdt 1B. 22–Apr–21 ... AK Adak Island ...... Adak ...... 1/6455 2/23/21 RNAV (GPS) RWY 23, Orig-A. 22–Apr–21 ... TX Vernon ...... Wilbarger County ...... 1/6456 2/24/21 RNAV (GPS) RWY 2, Orig. 22–Apr–21 ... TX Vernon ...... Wilbarger County ...... 1/6457 2/24/21 RNAV (GPS) RWY 20, Orig. 22–Apr–21 ... TX Wink ...... Winkler County ...... 1/6460 2/24/21 RNAV (GPS) RWY 31, Amdt 1A. 22–Apr–21 ... TX Wink ...... Winkler County ...... 1/6469 2/24/21 RNAV (GPS) RWY 13, Amdt 1A. 22–Apr–21 ... TX Palacios ...... Palacios Muni ...... 1/6476 2/24/21 RNAV (GPS) RWY 13, Orig-C. 22–Apr–21 ... VA Staunton/Waynesboro/Harri- Shenandoah Valley Rgnl ..... 1/6478 2/23/21 RNAV (GPS) RWY 5, Orig. sonburg. 22–Apr–21 ... VA Staunton/Waynesboro/Harri- Shenandoah Valley Rgnl ..... 1/6479 2/23/21 RNAV (GPS) RWY 23, Orig. sonburg. 22–Apr–21 ... VA Staunton/Waynesboro/Harri- Shenandoah Valley Rgnl ..... 1/6480 2/23/21 NDB RWY 5, Amdt 10. sonburg. 22–Apr–21 ... VA Staunton/Waynesboro/Harri- Shenandoah Valley Rgnl ..... 1/6481 2/23/21 ILS OR LOC RWY 5, Amdt 9. sonburg. 22–Apr–21 ... TX Palacios ...... Palacios Muni ...... 1/6490 2/24/21 VOR RWY 13, Amdt 10F. 22–Apr–21 ... TX Edinburg ...... South Texas Intl At Edinburg 1/6564 1/26/21 RNAV (GPS) RWY 14, Orig. 22–Apr–21 ... TX Edinburg ...... South Texas Intl At Edinburg 1/6566 1/26/21 RNAV (GPS) RWY 32, Orig. 22–Apr–21 ... TX Madisonville ...... Madisonville Muni ...... 1/6568 1/26/21 VOR/DME RWY 18, Amdt 2B. 22–Apr–21 ... MT Helena ...... Helena Rgnl ...... 1/6593 1/26/21 RNAV (GPS) Y RWY 9, Amdt 1B. 22–Apr–21 ... TX Amarillo ...... Rick Husband Amarillo Intl ... 1/6703 1/29/21 RADAR 1, Amdt 16A. 22–Apr–21 ... TX Henderson ...... Rusk County ...... 1/7186 2/2/21 RNAV (GPS) RWY 17, Amdt 1. 22–Apr–21 ... NJ Newark ...... Newark Liberty Intl ...... 1/7776 2/17/21 ILS OR LOC RWY 4R, ILS RWY 4R (CAT II AND III), Amdt 13B. 22–Apr–21 ... NJ Newark ...... Newark Liberty Intl...... 1/7777 2/17/21 ILS OR LOC RWY 22L, ILS RWY 22L (SA CAT I), ILS RWY 22L (CAT II AND III), Amdt 13D. 22–Apr–21 ... KS Wichita ...... Wichita Dwight D Eisen- 1/8084 3/1/21 ILS OR LOC RWY 1R, Amdt hower National. 17C. 22–Apr–21 ... AR Newport ...... Newport Rgnl ...... 1/8232 3/1/21 VOR RWY 18, Amdt 4B. 22–Apr–21 ... KS Belleville ...... Belleville Muni ...... 1/8987 2/2/21 VOR–A, Amdt 3D. 22–Apr–21 ... TN Morristown ...... Moore-Murrell ...... 1/9040 3/2/21 RNAV (GPS) RWY 23, Orig-D. 22–Apr–21 ... TN Morristown ...... Moore-Murrell ...... 1/9041 3/2/21 NDB RWY 5, Amdt 5C. 22–Apr–21 ... TN Morristown ...... Moore-Murrell ...... 1/9042 3/2/21 SDF RWY 5, Amdt 5C. 22–Apr–21 ... TN Morristown ...... Moore-Murrell ...... 1/9043 3/2/21 RNAV (GPS) RWY 5, Orig-C. 22–Apr–21 ... OH Bellefontaine ...... Bellefontaine Rgnl ...... 1/9053 3/2/21 VOR/DME RWY 25, Orig-B. 22–Apr–21 ... OH Bellefontaine ...... Bellefontaine Rgnl ...... 1/9055 3/2/21 VOR RWY 7, Orig-C. 22–Apr–21 ... OH Bellefontaine ...... Bellefontaine Rgnl ...... 1/9056 3/2/21 RNAV (GPS) RWY 25, Amdt 1A. 22–Apr–21 ... OH Bellefontaine ...... Bellefontaine Rgnl ...... 1/9057 3/2/21 RNAV (GPS) RWY 7, Amdt 1A. 22–Apr–21 ... NC Elizabethtown ...... Curtis L Brown Jr Fld ...... 1/9085 3/2/21 VOR/DME RWY 15, Amdt 2. 22–Apr–21 ... NC Elizabethtown ...... Curtis L Brown Jr Fld ...... 1/9087 3/2/21 RNAV GPS RWY 15, Orig. 22–Apr–21 ... NC Elizabethtown ...... Curtis L Brown Jr Fld ...... 1/9088 3/2/21 RNAV GPS RWY 33, Orig-A. 22–Apr–21 ... WI Eagle River ...... Eagle River Union ...... 1/9105 3/2/21 VOR/DME RWY 4, Amdt 1B. 22–Apr–21 ... WI Eagle River ...... Eagle River Union ...... 1/9106 3/2/21 RNAV (GPS) RWY 22, Orig-B. 22–Apr–21 ... WI Eagle River ...... Eagle River Union ...... 1/9107 3/2/21 RNAV (GPS) RWY 4, Orig-A. 22–Apr–21 ... WI Eagle River ...... Eagle River Union ...... 1/9108 3/2/21 LOC/DME RWY 4, Orig-B. 22–Apr–21 ... CO Gunnison ...... Gunnison-Crested Butte 1/9142 3/2/21 GPS–B, Orig-A. Rgnl. 22–Apr–21 ... CO Gunnison ...... Gunnison-Crested Butte 1/9143 3/2/21 ILS OR LOC RWY 6, Amdt 5B. Rgnl. 22–Apr–21 ... CO Gunnison ...... Gunnison-Crested Butte 1/9145 3/2/21 VOR OR GPS–A, Amdt 7C. Rgnl. 22–Apr–21 ... CA Lompoc ...... Lompoc ...... 1/9554 3/2/21 RNAV (GPS) RWY 25, Amdt 1B. 22–Apr–21 ... CA Lompoc ...... Lompoc ...... 1/9555 3/2/21 VOR/DME–A, Amdt 5A. 22–Apr–21 ... AK Adak Island ...... Adak ...... 1/9716 3/3/21 NDB/DME RWY 23, Orig-A. 22–Apr–21 ... FL Apopka ...... Orlando Apopka ...... 1/9948 2/11/21 RNAV (GPS)-B, Orig. 22–Apr–21 ... FL Apopka ...... Orlando Apopka ...... 1/9949 2/11/21 RNAV (GPS)-A, Orig.
[FR Doc. 2021–06055 Filed 3–23–21; 8:45 am] BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION Availability The material incorporated by reference describes SIAPS, Takeoff All SIAPs and Takeoff Minimums and Federal Aviation Administration Minimums and/or ODPs as identified in ODPs are available online free of charge. the amendatory language for part 97 of 14 CFR Part 97 Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, this final rule. [Docket No. 31359; Amdt. No. 3947] individual SIAP and Takeoff Minimums The Rule and ODP copies may be obtained from Standard Instrument Approach the FAA Air Traffic Organization This amendment to 14 CFR part 97 is Procedures, and Takeoff Minimums Service Area in which the affected effective upon publication of each and Obstacle Departure Procedures; airport is located. separate SIAP, Takeoff Minimums and Miscellaneous Amendments FOR FURTHER INFORMATION CONTACT: ODP as amended in the transmittal. AGENCY: Federal Aviation Thomas J. Nichols, Flight Procedures Some SIAP and Takeoff Minimums and Administration (FAA), DOT. and Airspace Group, Flight textual ODP amendments may have ACTION: Final rule. Technologies and Procedures Division, been issued previously by the FAA in a Flight Standards Service, Federal Flight Data Center (FDC) Notice to SUMMARY: This rule establishes, amends, Aviation Administration. Mailing Airmen (NOTAM) as an emergency suspends, or removes Standard Address: FAA Mike Monroney action of immediate flights safety Instrument Approach Procedures Aeronautical Center, Flight Procedures relating directly to published (SIAPS) and associated Takeoff and Airspace Group, 6500 South aeronautical charts. Minimums and Obstacle Departure MacArthur Blvd., Registry Bldg. 29, The circumstances that created the procedures (ODPs) for operations at Room 104, Oklahoma City, OK 73169. need for some SIAP and Takeoff certain airports. These regulatory Telephone (405) 954–4164. actions are needed because of the Minimums and ODP amendments may adoption of new or revised criteria, or SUPPLEMENTARY INFORMATION: This rule require making them effective in less because of changes occurring in the amends 14 CFR part 97 by establishing, than 30 days. For the remaining SIAPs National Airspace System, such as the amending, suspending, or removes and Takeoff Minimums and ODPs, an commissioning of new navigational SIAPS, Takeoff Minimums and/or effective date at least 30 days after facilities, adding new obstacles, or ODPS. The complete regulatory publication is provided. changing air traffic requirements. These description of each SIAP and its Further, the SIAPs and Takeoff changes are designed to provide safe associated Takeoff Minimums or ODP Minimums and ODPs contained in this and efficient use of the navigable for an identified airport is listed on FAA airspace and to promote safe flight form documents which are incorporated amendment are based on the criteria operations under instrument flight rules by reference in this amendment under 5 contained in the U.S. Standard for at the affected airports. U.S.C. 552(a), 1 CFR part 51, and 14 Terminal Instrument Procedures (TERPS). In developing these SIAPs and DATES: This rule is effective March 24, CFR part 97.20. The applicable FAA 2021. The compliance date for each Forms 8260–3, 8260–4, 8260–5, 8260– Takeoff Minimums and ODPs, the SIAP, associated Takeoff Minimums, 15A, 8260–15B, when required by an TERPS criteria were applied to the and ODP is specified in the amendatory entry on 8260–15A, and 8260–15C. conditions existing or anticipated at the provisions. The large number of SIAPs, Takeoff affected airports. Because of the close The incorporation by reference of Minimums and ODPs, their complex and immediate relationship between certain publications listed in the nature, and the need for a special format these SIAPs, Takeoff Minimums and regulations is approved by the Director make publication in the Federal ODPs, and safety in air commerce, I find of the Federal Register as of March 24, Register expensive and impractical. that notice and public procedure under 2021. Further, airmen do not use the 5 U.S.C. 553(b) are impracticable and ADDRESSES: Availability of matters regulatory text of the SIAPs, Takeoff contrary to the public interest and, incorporated by reference in the Minimums or ODPs, but instead refer to where applicable, under 5 U.S.C. 553(d), amendment is as follows: their graphic depiction on charts good cause exists for making some printed by publishers or aeronautical SIAPs effective in less than 30 days. For Examination materials. Thus, the advantages of The FAA has determined that this 1. U.S. Department of Transportation, incorporation by reference are realized regulation only involves an established Docket Ops–M30. 1200 New Jersey and publication of the complete Avenue SE, West Bldg., Ground Floor, description of each SIAP, Takeoff body of technical regulations for which Washington, DC 20590–0001. Minimums and ODP listed on FAA form frequent and routine amendments are 2. The FAA Air Traffic Organization documents is unnecessary. This necessary to keep them operationally Service Area in which the affected amendment provides the affected CFR current. It, therefore—(1) is not a airport is located; sections and specifies the typed of ‘‘significant regulatory action’’ under 3. The office of Aeronautical SIAPS, Takeoff Minimums and ODPs Executive Order 12866; (2) is not a Navigation Products, 6500 South with their applicable effective dates. ‘‘significant rule’’ under DOT MacArthur Blvd., Oklahoma City, OK This amendment also identifies the Regulatory Policies and Procedures (44 73169 or, airport and its location, the procedure, FR 11034; February 26, 1979); and (3) 4. The National Archives and Records and the amendment number. does not warrant preparation of a Administration (NARA). For Availability and Summary of Material regulatory evaluation as the anticipated information on the availability of this Incorporated by Reference impact is so minimal. For the same material at NARA, email fedreg.legal@ reason, the FAA certifies that this nara.gov or go to: https:// The material incorporated by amendment will not have a significant www.archives.gov/federal-register/cfr/ reference is publicly available as listed economic impact on a substantial ibr-locations.html. in the ADDRESSES section.
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number of small entities under the Atlanta, GA, KFTY, RNAV (GPS) RWY ACTION: Notice of enforcement of criteria of the Regulatory Flexibility Act. 26, Amdt 2 regulation. Evansville, IN, Evansville Rgnl, Takeoff List of Subjects in 14 CFR Part 97 Minimums and Obstacle DP, Amdt 9A SUMMARY: The Coast Guard will enforce Air traffic control, Airports, Paducah, KY, KPAH, ILS OR LOC RWY special local regulations for the Motus Incorporation by reference, Navigation 5, Amdt 10E Myrtle Beach Triathlon on April 11, (Air). Williamsburg, KY, Williamsburg- 2021 for 8:00 a.m. to 9:00 a.m. This Whitley County, RNAV (GPS) RWY Issued in Washington, DC, on March 5, action is necessary to ensure the safety 20, Amdt 1C 2021. of life on navigable waters of the United Wade Terrell Aviation Safety, Beverly, MA, KBVY, LOC RWY 16, Amdt 8 States during the Motus Myrtle Beach Manager, Flight Procedures & Airspace Beverly, MA, Beverly Rgnl, VOR RWY Triathlon Swim event. Our regulation Group, Flight Technologies and Procedures for marine events within the Seventh Division. 16, Amdt 5E, CANCELLED Fitchburg, MA, KFIT, RNAV (GPS) RWY Coast Guard District identifies the Adoption of the Amendment 14, Amdt 1 regulated area for this event in Myrtle Accordingly, pursuant to the Fitchburg, MA, KFIT, RNAV (GPS) RWY Beach, SC. During the enforcement authority delegated to me, Title 14, 20, Orig-D, CANCELLED period, no person or vessel may enter, Code of Federal Regulations, Part 97 (14 Fitchburg, MA, KFIT, RNAV (GPS) RWY transit through, anchor in, or remain CRF part 97) is amended by 32, Amdt 1 within the designated area unless establishing, amending, suspending, or Stow, MA, 6B6, VOR/DME RWY 21, authorized by the Captain of the Port removing Standard Instrument Amdt 3E, CANCELLED Charleston (COTP) or a designated Approach Procedures and/or Takeoff Pinecreek, MN, Piney Pinecreek Border, representative. Minimums and Obstacle Departure NDB RWY 33, Amdt 1A, CANCELLED Pinecreek, MN, 48Y, RNAV (GPS) RWY DATES: Procedures effective at 0901 UTC on the The regulations in 33 CFR 33, Orig-C dates specified, as follows: 100.704, Table 1 to § 100.704, Item No. Helena, MT, KHLN, ILS OR LOC Y RWY 3, will be enforced from 8:00 a.m. to PART 97—STANDARD INSTRUMENT 27, Amdt 3D 9:00 a.m. on April 11, 2021. APPROACH PROCEDURES Helena, MT, KHLN, VOR–A, Amdt 15C Helena, MT, KHLN, VOR–B, Amdt 7C FOR FURTHER INFORMATION CONTACT: If ■ 1. The authority citation for part 97 Alamogordo, NM, Alamogordo-White you have questions about this notice of continues to read as follows: Sands Rgnl, Corona One Graphic DP enforcement, call or email LT Chad Ray, Alamogordo, NM, Alamogordo-White Sector Charleston Office of Waterways Authority: 49 U.S.C. 106(f), 106(g), 40103, Sands Rgnl, Corona Two Graphic DP, Management, Coast Guard; telephone 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721–44722. CANCELLED (843) 740–3184, email Chad.L.Ray@ Alamogordo, NM, Alamogordo-White uscg.mil. ■ 2. Part 97 is amended to read as Sands Rgnl, Takeoff Minimums and follows: Obstacle DP, Amdt 2 SUPPLEMENTARY INFORMATION: The Coast Effective 22 April 2021 Ogdensburg, NY, KOGS, RNAV (GPS) Guard will enforce 33 CFR 100.704, RWY 27, Amdt 2 Table 1 to § 100.704, Item No. 3, for the Courtland, AL, Courtland, VOR RWY Plattsburgh, NY, Plattsburgh Intl, ILS Motus Myrtle Beach Triathlon Swim 13, Amdt 1B, CANCELLED OR LOC RWY 35, Amdt 2A regulated area from 8 a.m. to 9 a.m. on Sacramento, CA, KMHR, RNAV (GPS) Wharton, TX, KARM, NDB RWY 14, April 11, 2021. This action is being RWY 22R, Orig Orig-A, CANCELLED taken to provide for the safety of life on San Diego, CA, KMYF, ILS OR LOC Wharton, TX, KARM, NDB RWY 32, navigable waterways during this swim RWY 28R, Amdt 4D Orig-A, CANCELLED event. Our regulation for marine events Orlando, FL, KMCO, ILS OR LOC RWY Land O’Lakes, WI, KLNL, RNAV (GPS) within the Captain of the Port 18R, Amdt 11 RWY 14, Orig-C Charleston, § 100.704, specifies the Orlando, FL, KMCO, ILS OR LOC RWY Land O’Lakes, WI, KLNL, RNAV (GPS) locations of the regulated areas for the 35R, ILS RWY 35R (SA CAT I), ILS RWY 32, Orig-C Motus Myrtle Beach Triathlon Swim RWY 35R (CAT II), ILS RWY 35R [FR Doc. 2021–06054 Filed 3–23–21; 8:45 am] which encompasses portions of the (CAT III), Amdt 5 BILLING CODE 4910–13–P Orlando, FL, KMCO, RNAV (GPS) RWY Atlantic Intracoastal Waterway in 18R, Amdt 2 Myrtle Beach, SC. During the Orlando, FL, KMCO, RNAV (GPS) RWY enforcement periods, as reflected in DEPARTMENT OF HOMELAND § 100.704, if you are the operator of a 35R, Amdt 2 SECURITY Orlando, FL, KMCO, RNAV (GPS) RWY vessel in the regulated area you must 36L, Amdt 3 Coast Guard comply with directions from the Patrol Orlando, FL, KMCO, VOR/DME RWY Commander or any Official Patrol 18L, Amdt 5F, CANCELLED 33 CFR Part 100 displaying a Coast Guard ensign. Orlando, FL, KMCO, VOR/DME RWY Dated: March 17, 2021. [Docket No. USCG–2021–0117] 18R, Amdt 5F, CANCELLED J.D. Cole, Atlanta, GA, KPUJ, ILS OR LOC RWY Special Local Regulations; Motus 31, Amdt 1 Captain, U.S. Coast Guard, Captain of the Myrtle Beach Triathlon, Myrtle Beach, Port Charleston. Atlanta, GA, KPUJ, RNAV (GPS) RWY SC 13, Amdt 2 [FR Doc. 2021–05882 Filed 3–23–21; 8:45 am] Atlanta, GA, KPUJ, RNAV (GPS) RWY AGENCY: Coast Guard, Department of BILLING CODE 9110–04–P 31, Amdt 1 Homeland Security (DHS).
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DEPARTMENT OF HOMELAND Dated: March 17, 2021. FOR FURTHER INFORMATION CONTACT: SECURITY J.D. Cole, Carrie Mann Lavigne, Chief Counsel, Captain, U.S. Coast Guard, Captain of the Great Lakes St. Lawrence Seaway Coast Guard Port Charleston. Development Corporation, 180 Andrews [FR Doc. 2021–05881 Filed 3–23–21; 8:45 am] Street, Massena, New York 13662; 315/ 33 CFR Part 100 BILLING CODE 9110–04–P 764–3200. SUPPLEMENTARY INFORMATION: The Great [Docket No. USCG–2021–0116] Lakes St. Lawrence Seaway DEPARTMENT OF TRANSPORTATION Development Corporation (GLS) and the Special Local Regulations; Charleston St. Lawrence Seaway Management Race Week, Charleston, SC Great Lakes St. Lawrence Seaway Corporation (SLSMC) of Canada, under Development Corporation international agreement, jointly publish AGENCY: Coast Guard, Department of and presently administer the St. Homeland Security (DHS). 33 CFR Part 402 Lawrence Seaway Tariff of Tolls ACTION: Notice of enforcement of (Schedule of Fees and Charges in RIN 2135–AA50 regulation. Canada) in their respective jurisdictions. Tariff of Tolls The Tariff sets forth the level of tolls SUMMARY: The Coast Guard will enforce assessed on all commodities and vessels special local regulations for the AGENCY: Great Lakes St. Lawrence transiting the facilities operated by the Charleston Race Week from April 8, Seaway Development Corporation, DOT. GLS and the SLSMC. The GLS is 2021 through April 11, 2021. This ACTION: Final rule. revising 33 CFR 402.12, ‘‘Schedule of action is necessary to ensure the safety tolls’’, to reflect the fees and charges of life on navigable waters of the United SUMMARY: The Great Lakes St. Lawrence levied by the SLSMC in Canada States during the Charleston Race Week Seaway Development Corporation (GLS) beginning in the 2021 navigation event. Our regulation for marine events and the St. Lawrence Seaway season. With one exception, the changes within the Seventh Coast Guard District Management Corporation (SLSMC) of affect the tolls for commercial vessels identifies the regulated area for this Canada, under international agreement, and are applicable only in Canada. The event in Charleston, SC. During the jointly publish and presently administer collection of tolls by the GLS on enforcement period, no person or vessel the St. Lawrence Seaway Tariff of Tolls commercial vessels transiting the U.S. may enter, transit through, anchor in, or in their respective jurisdictions. The locks is waived by law (33 U.S.C. remain within the designated area Tariff sets forth the level of tolls 988a(a)). unless authorized by the Captain of the assessed on all commodities and vessels The GLS is amending 33 CFR 402.12, Port Charleston (COTP) or a designated transiting the facilities operated by the ‘‘Schedule of tolls’’, to increase the representative. GLS and the SLSMC. The GLS is minimum charge per vessel per lock for revising its regulations to reflect the fees full or partial transit of the Seaway from DATES: The regulations in 33 CFR and charges levied by the SLSMC in $29.14 to $29.72. This charge is for 100.704, Table 1 to § 100.704, Item No. Canada starting in the 2021 navigation vessels that are not pleasure craft or 2, will be enforced from 9:00 a.m. until season, which are effective only in subject in Canada to the tolls under 5:00 p.m. each day from April 8, 2021 Canada. An amendment to increase the items 1 and 2 of the Tariff. This increase to April 11, 2021. minimum charge per lock for those is due to higher operating costs at the FOR FURTHER INFORMATION CONTACT: If vessels that are not pleasure craft or locks. you have questions about this notice of subject in Canada to tolls under items 1 In addition, Congress renamed the enforcement, call or email LT Chad Ray, and 2 of the Tariff for full or partial Saint Lawrence Seaway Development Sector Charleston Office of Waterways transit of the Seaway will apply in the Corporation (SLSDC) as Great Lakes St. Management, Coast Guard; telephone U.S. (See SUPPLEMENTARY INFORMATION.) Lawrence Seaway Development (843) 740–3184, email Chad.L.Ray@ In addition, Congress renamed the Saint Corporation (GLS) as part of the 2021 uscg.mil. Lawrence Seaway Development Consolidated Appropriations Act (Section 512 of Division AA of Pub. L. SUPPLEMENTARY INFORMATION: The Coast Corporation (SLSDC) as Great Lakes St. Lawrence Seaway Development 116–260), signed into law on December Guard will enforce the special local 27, 2020. The joint regulations are being regulation in 33 CFR 100.704, Table 1 to Corporation (GLS) as part of the 2021 Consolidated Appropriations Act, amended to reflect the name change. § 100.704, Item No. 2, for the Charleston Regulatory Notices: Privacy Act: Race Week regulated area from 9:00 a.m. signed into law on December 27, 2020. The joint regulations are being amended Anyone is able to search the electronic to 5:00 p.m. from April 8, 2021 to April form of all comments received into any 11, 2021. This action is being taken to to reflect the name change. The Tariff of Tolls are in effect in Canada. of our dockets by the name of the provide for the safety of life on individual submitting the comment (or navigable waterways during this 4-day DATES: This rule is effective March 24, signing the comment, if submitted on event. The regulation for marine events 2021. behalf of an association, business, labor within the Captain of the Port ADDRESSES: Docket: For access to the union, etc.). You may review DOT’s Charleston, § 100.704, specifies the docket to read background documents complete Privacy Act Statement in the locations of the regulated areas for the or comments received, go to http:// Federal Register published on April 11, Charleston Race Week which www.Regulations.gov; or in person at 2000 (Volume 65, Number 70; Pages encompasses portions of the Charleston the Docket Management Facility; U.S. 19477–78) or you may visit http:// Harbor. During the enforcement periods, Department of Transportation, 1200 dms.dot.gov. as reflected in § 100.704, if you are the New Jersey Avenue SE, West Building, operator of a vessel in the regulated area Ground Floor, Room W12–140, Regulatory Evaluation you must comply with directions from Washington, DC 20590–001, between 9 This regulation involves a foreign the Patrol Commander or any Official a.m. and 5 p.m., Monday through affairs function of the United States and Patrol displaying a Coast Guard ensign. Friday, except Federal Holidays. therefore, Executive Order 12866 does
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not apply and evaluation under the Federalism List of Subjects in 33 CFR Part 402 Department of Transportation’s The Corporation has analyzed this Vessels, Waterways. Regulatory Policies and Procedures is rule under the principles and criteria in not required. Executive Order 13132, dated August 4, Accordingly, the Great Lakes St. Lawrence Seaway Development Regulatory Flexibility Act 1999, and has determined that this rule does not have sufficient federalism Corporation amends 33 CFR part 402 as Determination implications to warrant a Federalism follows: Assessment. I certify this regulation will not have PART 402—TARIFF OF TOLLS a significant economic impact on a Unfunded Mandates substantial number of small entities. The Corporation has analyzed this ■ 1. The authority citation for part 402 The St. Lawrence Seaway Tariff of Tolls rule under Title II of the Unfunded continues to read as follows: primarily relate to commercial users of Mandates Reform Act of 1995 (Pub. L. Authority: 33 U.S.C. 983(a), 984(a)(4), and the Seaway, the vast majority of whom 104–4, 109 Stat. 48) and determined that 988, as amended; 49 CFR 1.101. are foreign vessel operators. Therefore, it does not impose unfunded mandates ■ any resulting costs will be borne mostly on State, local, and tribal governments 2. In § 402.3 revise the definition of by foreign vessels. and the private sector requiring a Corporation to read as follows: Environmental Impact written statement of economic and § 402.3 Interpretation. regulatory alternatives. * * * * * This regulation does not require an Paperwork Reduction Act Corporation means the Great Lakes St. environmental impact statement under This regulation has been analyzed Lawrence Seaway Development the National Environmental Policy Act Corporation. (49 U.S.C. 4321, et reg.) because it is not under the Paperwork Reduction Act of a major federal action significantly 1995 and does not contain new or * * * * * modified information collection affecting the quality of the human ■ 2. Revise § 402.12 to read as follows: requirements subject to the Office of environment. Management and Budget review. § 402.12 Schedule of tolls.
Column 1 Column 2 Column 3 Rate ($) Rate ($) Welland Canal—Lake Ontario to Item—description of charges Montreal to or from Lake Ontario or from Lake Erie (5 locks) (8 locks)
1. Subject to item 3, for complete transit of the Seaway, a composite toll, comprising: (1) a charge per gross registered ton of the ship, applicable whether the ship is wholly or partially laden, or is in ballast, and the gross registered tonnage being calculated according to pre- scribed rules for measurement or under the International Con- vention on Tonnage Measurement of Ships, 1969, as amended from time to time 1. (a) all vessels excluding passenger vessels ...... 0.1148 ...... 0.1837. (b) passenger vessels ...... 0.3445 ...... 0.5511. (2) a charge per metric ton of cargo as certified on the ship’s manifest or other document, as follows: (a) bulk cargo ...... 1.1904 ...... 0.8125. (b) general cargo ...... 2.8684 ...... 1.3005. (c) steel slab ...... 2.5961 ...... 0.9310. (d) containerized cargo ...... 1.1904 ...... 0.8125. (e) government aid cargo ...... n/a ...... n/a. (f) grain ...... 0.7314 ...... 0.8125. (g) coal ...... 0.7314 ...... 0.8125. (3) a charge per passenger per lock ...... 0.0000 ...... 0.0000. (4) a lockage charge per Gross Registered Ton of the vessel, as n/a ...... 0.3061. defined in item 1(1), applicable whether the ship is wholly or partially laden, or is in ballast, for transit of the Welland Canal in either direction by cargo ships. Up to a maximum charge per vessel ...... n/a ...... 4,281. 2. Subject to item 3, for partial transit of the Seaway ...... 20 per cent per lock of the appli- 13 per cent per lock of the appli- cable charge under items 1(1), cable charge under items 1(1), 1(2) and 1(4) plus the applicable 1(2) and 1(4) plus the applicable charge under items 1(3). charge under items 1(3). 3. Minimum charge per vessel per lock transited for full or partial tran- 29.72 2 ...... 29.72. sit of the Seaway. 4. A charge per pleasure craft per lock transited for full or partial tran- 30.00 4 ...... 30.00. sit of the Seaway, including applicable federal taxes3. 5. Under the New Business Initiative Program, for cargo accepted as 20% ...... 20%. New Business, a percentage rebate on the applicable cargo charges for the approved period.
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Column 1 Column 2 Column 3 Rate ($) Rate ($) Welland Canal—Lake Ontario to Item—description of charges Montreal to or from Lake Ontario or from Lake Erie (5 locks) (8 locks)
6. Under the Volume Rebate Incentive program, a retroactive percent- 10% ...... 10%. age rebate on cargo tolls on the incremental volume calculated based on the pre-approved maximum volume. 7. Under the New Service Incentive Program, for New Business cargo 20% ...... 20%. moving under an approved new service, an additional percentage refund on applicable cargo tolls above the New Business rebate. 1 Or under the US GRT for vessels prescribed prior to 2002. 2 The applicable charged under item 3 at the Great Lakes St. Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) will be collected in U.S. dollars. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33U.S.C. 988a(a)). The other charges are in Canadian dollars and are for the Canadian share of tolls. 3 $5.00 discount per lock applicable on ticket purchased for Canadian locks via PayPal. 4 The applicable charge at the Great Lakes St. Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) for pleasure craft is $30 U.S. or $30 Canadian per lock.
Issued at Washington, DC. approved by the Director of the Federal VI. Statutory and Executive Order Reviews Great Lakes St. Lawrence Seaway Register as of April 23, 2021. A. Executive Order 12866: Regulatory Planning and Review and Executive Development Corporation. ADDRESSES: The EPA has established a Order 13563: Improving Regulation and Carrie Lavigne, docket for this action under Docket ID Regulatory Review Chief Counsel. No. EPA–HQ–OAR–2013–0597. All B. Executive Order 13771: Reducing [FR Doc. 2021–05503 Filed 3–23–21; 8:45 am] documents in the docket are listed on Regulation and Controlling Regulatory BILLING CODE 4910–61–P the www.regulations.gov website. Costs Although listed in the index, some C. Paperwork Reduction Act (PRA) information is not publicly available, D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act ENVIRONMENTAL PROTECTION e.g., CBI or other information whose disclosure is restricted by statute. (UMRA) AGENCY F. Executive Order 13132: Federalism Certain other material, such as G. Executive Order 13175: Consultation 40 CFR Part 82 copyrighted material, is not placed on and Coordination With Indian Tribal the internet and will be publicly Governments [EPA–HQ–OAR–2013–0597; FRL–10014–63– available only in hard copy form. OAR] H. Executive Order 13045: Protection of Publicly available docket materials are Children From Environmental Health RIN 2060–A075 available electronically through and Safety Risks www.regulations.gov. I. Executive Order 13211: Actions Protection of the Stratospheric Ozone: Concerning Regulations That FOR FURTHER INFORMATION CONTACT: Motor Vehicle Air Conditioning System Significantly Affect Energy Supply, Servicing Chenise Farquharson, Stratospheric Distribution, or Use Protection Division, Office of J. National Technology Transfer and AGENCY: Environmental Protection Atmospheric Programs (Mail Code Advancement Act (NTTAA) Agency (EPA). 6205T), Environmental Protection K. Executive Order 12898: Federal Actions To Address Environmental Justice in ACTION: Final rule. Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone Minority Populations and Low-Income Populations SUMMARY: The Environmental Protection number: 202–564–7768; email address: L. Congressional Review Act (CRA) Agency (EPA) is adopting three [email protected]. technical standards developed by SAE SUPPLEMENTARY INFORMATION: I. General Information International (SAE) for equipment that A. Does this action apply to me? recovers, recycles, and/or recharges the Table of Contents refrigerant 2,3,3,3-Tetrafluoroprop-1-ene I. General Information Regulated entities, identified by the (HFO–1234yf or R–1234yf) in motor A. Does this action apply to me? North American Industrial vehicle air conditioners (MVACs). The B. What acronyms and abbreviations are Classification System (NAICS) Code, three standards are SAE J2843, SAE used in the preamble? may include, but are not limited to, the J2851, and SAE J3030. This rule adopts II. Background following which all fall under the the most current versions of these A. CAA Section 609 category of ‘‘Industry’’: B. Major Rules Under CAA Section 609 • standards by incorporating them by III. What is the EPA finalizing in this action? New and used car dealers (NAICS reference into the regulations under A. What are the standards the EPA is code 441110) Title VI of the Clean Air Act (CAA). adopting? • Gas service stations (NAICS codes This will provide additional flexibility i. SAE J2843 447110 and 447190) for industry stakeholders that wish to ii. SAE J2851 • General automotive repair shops select recovery and recycling equipment iii. SAE J3030 (NAICS code 811111) certified to these standards. B. What is the effect of adopting these • Automotive repair shops not standards? DATES: This final rule is effective on IV. Incorporation by Reference elsewhere classified, including air April 23, 2021, 30 days after publication V. Response to Comments conditioning and radiator specialty in the Federal Register. The A. Support for Adoption of the Standards shops (NAICS code 811198) incorporation by reference of certain B. Concerns Regarding SAE J3030 • Other motor vehicle parts publications listed in the rule is C. Other Suggestions and Concerns manufacturing (NAICS code 336390)
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This list is not intended to be passenger’s compartment of any motor recycling and/or recharging of exhaustive, but rather provides a guide vehicle. This definition is not intended refrigerant used in MVACs. for readers regarding entities likely to be to encompass the hermetically sealed B. Major Rules Under CAA Section 609 regulated by this action. Other types of refrigeration systems used on motor entities not listed above could also be vehicles for refrigerated cargo and the In 1992, the EPA published a rule (57 regulated. To determine whether your air conditioning systems on passenger FR 31242; July 14, 1992) under CAA entity is regulated by this action, you buses using hydrochlorofluorocarbons section 609 establishing standards and should carefully examine the (HCFC)–22 or R–22 refrigerant. For requirements for servicing of MVACs applicability criteria found in CAA purposes of the section 609 regulations, and restricting the sale of small section 609, and relevant implementing motor vehicle is defined as any vehicle containers of ozone-depleting regulations at 40 CFR part 82, subpart B. which is self-propelled and designed for substances. The regulations, which If you have questions regarding the transporting persons or property on a appear in 40 CFR part 82, subpart B, applicability of this action to a street or highway, including but not require persons who repair or service particular entity, consult the person limited to passenger cars, light-duty MVACs for consideration to be certified listed in the FOR FURTHER INFORMATION vehicles, and heavy-duty vehicles. This in refrigerant recovery and recycling CONTACT section. definition does not include a vehicle and to properly use approved where final assembly of the vehicle has equipment when performing service B. What acronyms and abbreviations are not been completed by the original involving the refrigerant. Consistent used in the preamble? equipment manufacturer. with the definition in CAA section AHRI Air-Conditioning, Heating, and Under CAA section 609 and 609(b)(1), ‘‘refrigerant’’ is defined in Refrigeration Institute, formerly Air- regulations that implement it, no person subpart B as any class I or class II Conditioning and Refrigeration Institute repairing or servicing motor vehicles for substance used in MVACs, and to (ARI) consideration (e.g., payment or include any substitute substance ASHRAE American Society of Heating, effective November 15, 1995. The 1992 Refrigerating and Air-Conditioning bartering) may perform any service on 2 Engineers an MVAC that involves the refrigerant rule also defined approved refrigerant CAA Clean Air Act without properly using approved recycling equipment as equipment CFC Chlorofluorocarbon refrigerant recovery or recovery and certified by the Administrator or an CFR Code of Federal Regulations recycling equipment, and no such approved organization as meeting either EPA United States Environmental person may perform such service for one of the standards in 40 CFR 82.36. Protection Agency consideration unless such person has Such equipment extracts and recycles ETL ETL Testing Laboratories been properly trained and certified. refrigerant or extracts but does not HCFC Hydrochlorofluorocarbon recycle refrigerant, allowing that HFC Hydrofluorocarbon Section 609 also restricts the sale of HFO Hydrofluoroolefin class I and class II substances for use as refrigerant to be subsequently recycled ICCSC Interior Climate Control Standards a refrigerant in MVACs in containers of on-site or to be sent off-site for Committee 20 pounds or less, except to certified reclamation.3 The EPA based the MVACs Motor Vehicle Air Conditioners technicians. Class I substances regulatory equipment standards in MY Model Year (chlorofluorocarbons (CFCs), halons, subpart B on those developed by SAE. NAICS North American Industrial carbon tetrachloride, methyl They cover service procedures for Classification System chloroform, methyl bromide, dichlorodifluoromethane (CFC–12 or R– NTTAA National Technology Transfer and 12) recover/recycle equipment (SAE Advancement Act hydrobromofluorocarbons, and OMB Office of Management and Budget chlorobromomethane) and class II J1989, issued in October 1989), test PRA Paperwork Reduction Act substances (HCFCs) are ozone-depleting procedures to evaluate R–12 recover/ RFA Regulatory Flexibility Act compounds and are listed in 40 CFR recycle equipment (SAE J1990, issued in SAE SAE International, formerly the part 82, subpart A, appendices A and B, October 1989 and revised in 1991) and Society of Automotive Engineers respectively. a purity standard for recycled R–12 SNAP Significant New Alternatives Policy Regulations issued under CAA section refrigerant (SAE J1991, issued in UMRA Unfunded Mandates Reform Act 609, codified at 40 CFR part 82, subpart October 1989). Only equipment certified UL Underwriters Laboratories B, include, among other things, to meet the standards set forth in II. Background prohibited and required practices for appendix A at 40 CFR part 82, subpart persons repairing and servicing MVACs B, or that meet the criteria for A. CAA section 609 for consideration (40 CFR 82.34); substantially identical equipment, was CAA section 609 directs the EPA to requirements for refrigerant handling approved under CAA section 609 for issue regulations establishing standards equipment (40 CFR 82.36); approval use in the servicing of MVACs at that and requirements for the servicing of processes for independent standards time. MVACs. For purposes of the regulations testing organizations (40 CFR 82.38); The 1992 rule also implemented the implementing CAA section 609, requirements for certifications that any statutory prohibition on the sale or MVACs 1 are defined as equipment that person servicing or repairing MVACs for distribution of any class I or class II use mechanical vapor compression consideration must submit to the EPA, substance suitable for use in MVACs refrigeration to cool the driver’s or and related recordkeeping requirements that is in a container of less than 20 (40 CFR 82.42). Appendices A–F at 40 pounds, to anyone other than a properly 1 A related definition for MVAC-like is found at CFR part 82, subpart B, provide trained and certified section 609 40 CFR 82.152: MVAC-like appliance means a minimum operating requirements for technician. The rule also contained mechanical vapor compression, open-drive compressor appliance with a full charge of 20 equipment used for the recovery, standards by which: (1) An independent pounds or less of refrigerant used to cool the driver’s or passenger’s compartment of off-road 2 Section 609(b)(1) defines the term ‘‘refrigerant,’’ 3 Equipment that extracts and recycles refrigerant vehicles or equipment. This includes, but is not ‘‘[a]s used in this section’’, to mean ‘‘any class I or is referred to as recover/recycle equipment. limited to, the air-conditioning equipment found on class II substance used in a motor vehicle air Equipment that extracts but does not recycle agricultural or construction vehicles. This conditioner. Effective 5 years after November 15, refrigerant is referred to as equipment that recovers definition is not intended to cover appliances using 1990, the term ‘refrigerant’ shall also include any but does not recycle refrigerant, or as recover-only R–22 refrigerant. substitute substance.’’ equipment.
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standards testing organization may service sector only if it has been increased percent of refrigerant to be apply to the agency for approval to test properly recovered and recycled by recovered during servicing. and certify refrigerant recycling persons who are either employees, III. What is the EPA finalizing in this equipment; and (2) a training and owners, or operators of the facilities, or action? certification program may apply to the technicians certified under CAA section agency for approval to train and certify 609, using approved equipment. The The EPA is amending 40 CFR part 82, technicians in the proper use of 1997 rule also established conditions subpart B, §§ 82.32, 82.36, 82.38, and refrigerant recycling equipment for under which owners and operators of 82.40 to adopt three equipment MVACs. Underwriters Laboratories (UL) motor vehicle disposal facilities may standards for the servicing of MVACs and Intertek (formerly ETL Testing sell refrigerant recovered from such that use the refrigerant R–1234yf by Laboratories (ETL)) are the approved vehicles to technicians certified under incorporating them by reference into the independent standards testing CAA section 609. CAA section 609 regulations. The organizations that currently certify standards provide technical equipment using the standards that Additionally, the 1997 rule specifications for equipment used for appear in appendix A of 40 CFR part 82, established standards for recover/ servicing MVACs containing R–1234yf subpart B. recycle and recovery/recycling/ consistent with CAA section 609 Finally, the 1992 rule established recharging equipment for R–134a; regulations, codified at 40 CFR part 82, recordkeeping and reporting recover-only equipment for R–12, R– subpart B. The refrigerant R–1234yf was requirements that include: Certifying 134a, and hydrofluoroolefin (HFO)– listed by the EPA’s Significant New that only properly trained and certified 1234yf or R–1234yf; recycling Alternatives Policy (SNAP) program as individuals are repairing or servicing equipment intended for use with both acceptable, subject to use conditions, in MVACs for consideration; certifying the R–12 and R–134a; and recover-only MVACs in new cars and new light-duty use of approved recycling equipment equipment for a single refrigerant other trucks (76 FR 17488; March 29, 2011), and that each individual authorized to than R–12 or R–134a. The 1997 rule and in certain new heavy-duty use the equipment has obtained the established appendices C through F at vehicles—new medium-duty passenger proper training and certification; and 40 CFR part 82, subpart B. Specifically, vehicles, new heavy-duty pickup trucks, requiring that owners of approved appendix C contains standards based on and new complete heavy-duty vans (81 refrigerant recycling equipment retain SAE J2788 for recovery/recycling and FR 86778; December 1, 2016). records demonstrating that all persons recovery/recycling/recharging The existing regulations at 40 CFR authorized to operate the equipment equipment for R–134a refrigerant. 82.34 state that no person repairing or obtained the required certification. Appendix D is based upon SAE J1732 servicing MVACs for consideration may In 1995, the EPA issued a rule (60 FR and establishes standards for recover- perform any service involving 21682; May 2, 1995) establishing only equipment for R–134a. Appendix E refrigerant for such MVACs without regulatory standards, based on contains standards for recover-only properly using equipment approved standards developed by SAE, which equipment for both R–12 and R–134a, pursuant to 40 CFR 82.36. This final applied to certification of R–12 recover- while appendix F establishes standards rule adds equipment certified to meet only equipment, in appendix B at 40 for recover-only equipment for any SAE J2843, J2851, and J3030 to the CFR part 82, subpart B. Specifically, for single refrigerant other than R–12 and equipment approved under CAA section recover-only equipment, the agency R–134a. 609 implementing regulations to adopted the recommended service Since the publication of the 1997 rule, recover, recycle, and/or recharge the procedure for the containment of R–12 the EPA has published two rules, one in refrigerant R–1234yf for MVACs. (SAE J1989, issued in October 1989 and set forth in subpart B, appendix B) and 2007 (72 FR 63490; November 9, 2007) A. What are the standards the EPA is test procedures to evaluate recover-only and one in 2008 (73 FR 34644; June 18, adopting? 2008), to reflect updated SAE standards. equipment (SAE J2209, issued in June The EPA is adopting the following Test results from the SAE Improved 1992). The definition of ‘‘approved three equipment standards for the Mobile Air Conditioning Cooperative refrigerant recycling equipment’’ was 4 servicing of MVACs that use R–1234yf: revised in the 1995 rule to include this Research Project, an MVAC industry • SAE J2843 (revised July 2019), ‘‘R– recover-only equipment. UL and ETL sponsored research project, showed that 1234yf [HFO–1234yf] Recovery/ were also approved to certify recover- equipment certified to meet SAE J2210 5 Recycling/Recharging Equipment for only equipment. Finally, service and SAE J1732 left as much as 30% of Flammable Refrigerants for Mobile Air- technicians previously certified to the refrigerant in MVACs. As a result of Conditioning Systems;’’ handle recover/recycle equipment were these findings, SAE developed SAE • SAE J2851 (revised February 2015), grandfathered so that they would not J2788 and SAE J2810, which require ‘‘Recovery Equipment for Contaminated have to be recertified to handle recover- that equipment be capable of recovering R–134a or R–1234yf Refrigerant from only equipment. 95% of refrigerant from MVACs. The Mobile Air Conditioning Systems;’’ and The EPA issued a third rule under two rules adopted SAE J2788 and SAE • SAE J3030 (revised July 2015), CAA section 609 in 1997 (62 FR 68026; J2810, which replaced SAE J2210 and ‘‘Automotive Refrigerant Recovery/ December 30, 1997) in response to the SAE J1732, respectively, allowing for an Recycling/Recharging Equipment increasing use of alternative refrigerants, Intended for use with Both R–1234yf particularly 1,1,1,2-tetrafluoroethane 4 SAE, Improved Mobile Air Conditioning and R–134a.’’ (HFC–134a or R–134a). The 1997 rule Cooperative Research Program. https:// SAE J2843, J2851, and J3030 were www.regulations.gov/document?D=EPA-HQ-OAR- established standards and requirements 2006-0428-0003 and https://www.regulations.gov/ developed by SAE, which is a global for the servicing of MVACs that use any document?D=EPA-HQ-OAR-2008-0231-0002. association of more than 138,000 refrigerant other than R–12. The rule 5 SAE J2210 (HFC–134a (R–134a) Recovery/ engineers and related technical experts also stated refrigerant (whether R–12 or Recycling Equipment for Mobile Air-Conditioning in the aerospace, automotive, and Systems (Cancelled Nov 2010)). SAE J1732 (HFC– a substitute) recovered from motor 134a (R–134a) Refrigerant Recovery Equipment for commercial-vehicle industries. The SAE vehicles at motor vehicle disposal Mobile Automotive Air-Conditioning Systems Interior Climate Control Standards facilities may be re-used in the MVAC (Stabilized Nov 2011)). Committee (ICCSC) consists of five sub-
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committees: Steering, Service, Fluids, by directing technicians towards MVACs that contain either R–1234yf or MAC Supplier, and Vehicle OEM. The equipment that should limit R–134a. New equipment capable of SAE ICCSC includes representatives unintentional releases of automotive performing any service on MVACs that from across the MVAC industry, refrigerant during the service or repair involves recovery of, recycling of, or including system component of MVACs. Moreover, use of equipment recharging with either R–134a or R– manufacturers, automobile that meets SAE J2843, J2851, and J3030 1234yf would be required to meet SAE manufacturers, servicing equipment should reduce mixing of refrigerants. J3030 requirements for both refrigerants. manufacturers, and refrigerant Preventing the mixing of refrigerants The dual-refrigerant equipment covered manufacturers. The members of each facilitates refrigerant recycling and by this standard may be useful given committee have expertise in that area reduces releases into the atmosphere. that R–134a and R–1234yf are both and are responsible for the development Equipment meeting the three standards widely used in motor vehicles in the of SAE standards or recommended are capable of near-complete recovery of United States. Equipment certified to practice documents. The committee has refrigerant from such MVACs. Below is J3030 are designed to prevent published more than 50 documents and further description of each standard. contamination when switching between has an HS–2900 handbook that includes refrigerants. i. SAE J2843 standards on safety, refrigerants, B. What is the effect of adopting these components, testing, service procedures, SAE J2843 (revised July 2019) standards? service equipment, and training. Each of establishes standards for equipment that the SAE Ground Vehicle Standards (e.g., recovers, recycles, and/or recharges R– Adopting these standards will assist SAE J2843, J2851, and J3030) for 1234yf in MVACs. This standard applies approved independent standards testing technical specifications related to to equipment intended for use with R– organizations (currently UL and MVAC servicing undergoes a rigorous 1234yf refrigerant only. Equipment Intertek) in certifying equipment for peer review process. The EPA has meeting this standard must be capable commercial refrigerant recovery/ previously cited some of these standards of recovering refrigerant within 30 recycling/recharging that meet the in regulations. minutes, which is consistent with other EPA’s minimum performance The three SAE standards that are SAE standards, resulting in convenience requirements. In addition, service and being adopted and incorporated by for the car owner as well as the repair shops would be required to use reference relate to recycling, recovery, technician. The recycling capabilities of equipment certified to meet SAE J2843, and/or recharging of R–1234yf. R– equipment meeting SAE J2843 can J2851, and J3030 when servicing 1234yf has gained significant market return the refrigerant to the same level MVACs using R–1234yf. share in motor vehicles since its of purity as newly manufactured (virgin) The EPA’s amendments to 40 CFR introduction in the 2013 model year refrigerant, ensuring that the refrigerant 82.36 revise paragraph (a)(7) and add (MY). According to the 2019 EPA recharged into the system will provide paragraphs (a)(8), (9), (10). These Automotive Trends Report, in the 2018 the same level of performance and revisions establish that servicing MY, use of R–1234yf has grown to 13 durability as virgin refrigerant. This equipment manufactured to meet SAE manufacturers (accounting for more recycling allows for the continued use J2843, J2851, or J3030 that is certified by than 60% of the US new vehicle fleet) of recovered refrigerant. Prior to the EPA (or by an independent and some manufacturers have recharging an MVAC, service standards testing organization approved implemented R–1234yf across their technicians using equipment meeting by the EPA under 40 CFR 82.38) may be entire vehicle brands.6 This increased this standard can check for leaks that used for repairing or servicing MVACs use of R–1234yf will lead to more could be repaired to avoid refrigerant consistent with 40 CFR 82.34(a)(1). The MVACs needing to be serviced and/or releases. Maintaining a properly charged EPA is also amending 40 CFR repaired compared to when R–1234yf MVAC should result in efficient 82.32(e)(1), 82.38, and 82.40 to include was first introduced. Adopting SAE operation. references to 40 CFR 82.36(a)(8)–(10). The revisions to 40 CFR 82.32(e)(1) J2843, J2851, and J3030 will assist ii. SAE J2851 technicians choosing to repair or service update the definition of the term MVACs containing R–1234yf to SAE J2851 (revised February 2015) ‘‘properly using’’ to add the standards properly use approved refrigerant establishes minimum performance and incorporated by reference at 40 CFR handling equipment when performing operating standards for equipment that 82.36(a)(8)–(10) to the list of any service involving the refrigerant. As recovers contaminated R–134a and/or recommended service procedures and R–1234yf is classified by the American R–1234yf refrigerant from MVACs. practices for the containment of Society of Heating, Refrigerating and Refrigerant recovered with this refrigerant. The revisions to 40 CFR Air-Conditioning Engineers (ASHRAE) equipment cannot be recycled on-site 82.38 allow independent standards as mildly flammable, the equipment and instead should be returned to an testing organizations to apply for meeting these standards must have EPA-approved reclamation facility that approval to certify equipment as electrical components deemed will process it appropriately as per Air- meeting the standards incorporated by reference at 40 CFR 82.36(a)(8)–(10), as acceptable for exposure to refrigerants at Conditioning, Heating, and Refrigeration well as the currently existing standards that level of flammability, ensuring the Institute (AHRI) 700 standard entitled in appendices A, B, C, D, E, and F. The safety of technicians. This rule also Specifications for Refrigerants. revisions to 40 CFR 82.40 add the increases industry flexibility in Refrigerant recovery equipment should standards incorporated by reference at selecting proper recovery, recycling, and ensure adequate refrigerant recovery 40 CFR 82.36(a)(8)–(10) to the list of recharging equipment by expanding the and reduce emissions during the standards that any technician training available options. Adoption of the removal of refrigerant from MVACs. program seeking approval must standards also helps to mitigate the risk iii. SAE J3030 demonstrate are covered by their to human health and the environment SAE J3030 (revised July 2015) certification tests. It would be 6 EPA, 2019. Automotive Trends Report. establishes the minimum requirements appropriate for approved technician Available at: https://www.epa.gov/automotive- for recovery/recycling/recharging training and certification programs to trends/download-automotive-trends-report. equipment intended for use to service update their materials to reflect the
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standards incorporated by reference at for Mobile Air-Conditioning Systems;’’ the commenters raised issues that are 40 CFR 82.36(a)(8)–(10) and to submit a SAE J2851 (revised February 2015) outside the scope of this rulemaking and summary of the conforming changes to ‘‘Recovery Equipment for Contaminated the EPA is not providing a specific the Administrator as part of the R–134a or R–1234yf Refrigerant from response to those comments. We have summary required by 40 CFR 40.82(c). Mobile Automotive Air-Conditioning grouped comments together and Current regulations at 40 CFR 82.36 Systems;’’ and SAE J3030 (revised July responded to the issues raised by the contain the requirements for approved 2015) ‘‘Automotive Refrigerant commenters in the sections that follow. refrigerant handling equipment, Recovery/Recycling/Recharging including the requirement for Equipment Intended for use with Both A. Support for Adoption of the certification of such equipment by the R–1234yf and R–134a.’’ Section III.A. of Standards EPA or an independent, standards this preamble discusses these standards Comment: Seven commenters testing organization approved by the in greater detail. This action approves supported the proposal to adopt the EPA. The Agency maintains a list of and provides technical specifications for three SAE standards. One commenter approved equipment by manufacturer MVAC recovery/recycling/recharging stated that adopting the standards and model at: https://www.epa.gov/ equipment so that it may be used for R– would reduce the amount of refrigerant mvac/section-609-certified-equipment. 1234yf under CAA section 609 and 40 currently being used and needed to Lastly, the EPA is amending appendix CFR part 82, subpart B. meet future demand. One commenter F to subpart B of part 82. This appendix Incorporation by reference allows stated that adopting the standards contains specifications for recovery Federal agencies to comply with the would establish clear guidance for the equipment that extracts a single, requirement to publish rules in the automotive repair sector to ensure the specific refrigerant other than those Federal Register and the Code of equipment and procedures being used named in the other appendices to Federal Regulations by referring to effectively support the overall goal of subpart B. Since the EPA is adding material already published elsewhere. reducing the global warming impact of standards for recovery equipment for The legal effect of incorporation by air conditioning. Another commenter MVACs containing R–1234yf, the EPA is reference is that the material is treated stated that having proper equipment, noting that as appropriate, in this as if it were published in the Federal usage/handling of the materials/vapors, appendix. Register and Code of Federal and being certified to use the equipment Existing EPA regulations that are not Regulations. is paramount to environmental modified by this action require SAE J2843, J2851, and J3030 are protection. available for purchase by mail at: SAE stakeholders who chose to service or Response: EPA acknowledges the Customer Service, 400 Commonwealth repair vehicles that use R–1234yf to use comments and is adopting the three Drive, Warrendale, PA 15096–0001; certified equipment. Equipment standards as proposed. certified to meet SAE J2843, J2851, and Telephone: 1–877–606–7323 in the U.S. J3030 will provide additional flexibility or Canada (other countries dial 1–724– B. Concerns Regarding SAE J3030 776–4970); internet address for SAE for industry stakeholders and protect Comment: One commenter expressed human health and the environment. Use J2843: https://www.sae.org/standards/ content/j2843_201907; internet address support for the adoption of SAE J2843 of equipment that meets the three and J2851, but objected to the adoption standards also supports compliance for SAE J2851: https://www.sae.org/ standards/content/j2851_201502; of SAE J3030, which covers R–134a and with the prohibition in section 608(c) of R–1234yf dual refrigerant equipment. the CAA on knowingly venting or internet address for SAE J3030: https:// www.sae.org/standards/content/j3030_ The commenter stated that by allowing otherwise knowingly releasing or machines to service both R–134a and R– disposing of refrigerant in a manner that 201507. The cost of SAE J2843, SAE J2851, and SAE J3030 is $83 each for an 1234yf MVACs there is potential for allows the refrigerant to enter the misuse and refrigerant cross- environment in the course of servicing, electronic or hard copy. The cost of obtaining these standards is not a contamination, which would be maintaining, repairing, or disposing of problematic for service providers, an appliance. In addition, proper significant financial burden for manufacturers of MVACs or recovery consumers, original equipment handling of R–1234yf is important given manufacturers (OEMs), and reclaimers it is listed by ASHRAE as an A2L equipment manufacturers and purchase is not required for those selling, due to flammability concerns. The refrigerant meaning it is mildly commenter also stated that any flammable.7 installing, or using the refrigerant handling equipment covered by these environmental benefit from the use of a IV. Incorporation by Reference standards. Therefore, the EPA concludes lower global warming potential (GWP) The EPA is adopting the following that SAE J2843, SAE J2851, and SAE refrigerant and carbon dioxide (CO2)- 8 three standards by incorporating them J3030 are reasonably available. equivalent credits generated by OEMs for mileage allowance from the by reference—SAE J2843 (revised July V. Response to Comments 2019), ‘‘R–1234yf (HFO–1234yf) transition to R–1234yf will be lost if R– Recovery/Recycling/Recharging The EPA received eight comments on 134a is used to service R–1234yf Equipment for Flammable Refrigerants the proposed rule from individuals and MVACs. Additionally, the commenter organizations with various interests in also stated that the value of the 7 American National Standards Institute (ANSI)/ the MVAC industry. Most commenters refrigerant for recovery, recycling, and ASHRAE Standard 34—2016 assigns a safety group supported the proposal to adopt SAE recharging would be lost as it would be classification for each refrigerant which consists of J2843, J2851, and J3030 by incorporating impossible to separate the refrigerants two alphanumeric characters (e.g., A2 or B1). The from one another. capital letter indicates the toxicity (i.e., A = no them by reference into the regulations evidence of toxicity, B = signifies toxicity) and the implementing CAA section 609. A few 8 numeral denotes the flammability. Refrigerants with commenters also suggested changes the CO2 equivalence (CO2e) expresses the global flammability classification ‘‘3’’ are highly EPA should consider incorporating into warming potential of a greenhouse gas (for A/C, flammable while those with flammability the CAA section 609 regulations or hydrofluorocarbons) by normalizing that potency to classification ‘‘2’’ are less flammable and those with CO2’s. Thus, the maximum A/C credit for direct flammability classification ‘‘2L’’ are mildly requested additional information emissions is the equivalent of 18.8 grams/mile of flammable. concerning the three standards. Some of CO2 for cars.
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Response: The EPA acknowledges the of vehicle production based on the use require that proper storage procedures commenter’s support for the adoption of of a specific MVAC refrigerant are not are in place for refrigerants. SAE J2843 and J2851. With regard to the affected by actions taken later at Additionally, the commenter voiced commenter’s concerns regarding SAE facilities servicing those vehicles. concern about the cost to service centers J3030, the EPA does not agree that the However, the expected GHG emission that would need to purchase new use of equipment certified to meet SAE reductions from the GHG program can equipment. only be achieved if the proper J3030 would result in cross- Response: The EPA acknowledges the refrigerant is used throughout the useful contamination of MVACs. SAE J3030 commenter’s suggestions. Comments was developed to prevent the misuse life of the vehicles, so avoiding cross concerning enforcement, technician and tampering of servicing equipment, contamination of the servicing certification, and refrigerant storage the mixing of R–134a and R–1234yf, and equipment maintains the intended procedures are beyond the scope of this the contamination of MVACs by benefits of the GHG program when rulemaking and thus no response to technicians while a significant number vehicle MVAC systems are recharged. comments on those topics is required. In of vehicles with R–134a are in use and SAE J3030 was developed to mitigate R–1234yf is being used in an increasing potential risks and concerns by this action, the EPA is solely adopting number of new motor vehicles. A establishing equipment specifications by incorporating by reference the three similar standard was developed to and testing procedures for certifying existing SAE standards that include certify equipment intended for use with laboratories to ensure that equipment guidelines and requirements for both R–12 to R–134a MVACs in 1995: does not cross contaminate refrigerant equipment designed to service R–1234yf SAE J1770, Automotive Refrigerant above specified limits when used under MVACs. The EPA did not propose and Recovery/Recycling Equipment Intended normal operating conditions. For is not requiring in this final rule that for use With Both R12 and R134a example, as discussed in section 3.3 of service shops service R–1234yf MVACs. (Cancelled November 2010). SAE J1770 the standard, equipment certified to Prior to the issuance of this final rule, established specific minimum SAE J3030 ‘‘must meet all feature there was and continues to be certified equipment requirements for recovery/ content and functional requirements of equipment that can be used by service recycling equipment intended for use both SAE J2788 for R–134a and SAE shops that choose to service MVACs with both R–12 and R–134a in a J2843 for R–1234yf and pass all test with R–1234yf and do not wish to use common refrigerant circuit that had requirements of these standards. In equipment that meets the standards EPA been directly removed from and addition, it must pass a changeover test is adopting. This rule provides intended for reuse in MVACs. We have to determine that any refrigerant cross- additional flexibility to service shops by no information suggesting that proper contamination is within the limits of expanding the universe of equipment use of equipment certified to SAE J1770 this standard.’’ Additionally, section that may be certified for use by led to any increase in emissions of R– 4.1.1 of the standard describes the technicians. As such, it does not impose 12 or R–134a. Based on our experience requirement for SAE J3030-certified costs on service shops. With regards to with SAE J1770, we are confident that equipment to have ‘‘an electronically- the commenter’s proposal that the EPA proper use of equipment certified to controlled electro-mechanical lockout to require technicians to be certified under SAE J3030 also will not lead to any permit the recovery, recycle, recharge the ASE Refrigerant Recovery and increase in emissions of R–134a. sequence of either R–1234yf or R–134a. Recycling Program, as noted above, the If [the equipment determines that the EPA did not propose and is not making The EPA acknowledges the potential MVAC system] does not contain R– any changes to the technician safety hazards, flammability risks, and 1234yf or R–134a in the required purity, certification requirements in this final potential for cross-contamination when it shall not permit refrigerant recovery.’’ rule; EPA’s existing regulations multiple refrigerants are used to service For these reasons, we conclude that currently require that all technicians MVACs. The agency also acknowledges proper use of equipment certified to the potential loss of environmental SAE J3030 is not related to GHG credits who repair or service MVACs for benefits if a refrigerant other than the generated by auto manufacturers and consideration be trained and certified by one for which the vehicle is designed is will not lead to a loss in either the one of the EPA-approved technician used to service the system. However, expected environmental benefits of the training and certification programs, incorporating SAE J3030 by reference which are listed at https://www.epa.gov/ GHG program or CO2e credits. does not alter the regulatory mvac/section-609-technician-training- requirements governing which C. Other Suggestions and Concerns and-certification-programs. refrigerants can be used for servicing. Comment: One commenter noted a Comment: One commenter inquired Instead, as explained below, SAE J3030 technical error in the title of SAE J2843 about studies regarding efficiency of the was specifically designed to minimize in the proposed regulatory text at 40 standards, impacts of the standards for cross contamination and thus preserve CFR 82.36(a)(8). vehicle manufacturers and service environmental benefits. The Response: The EPA appreciates this centers, and the environmental benefits commenter’s concern about a potential comment and has corrected the title of of recycling versus discarding R–1234yf. loss of CO2e credits is also misplaced. SAE J2843 in the final rule. Under EPA’s light-duty Greenhouse Gas Comment: One commenter would like Response: With regard to the question (GHG) standards for MY 2017–2025, to see more enforcement of the CAA 609 regarding efficiency of the standards, we vehicle manufacturers may generate regulations as they pertain to assume the commenter is asking about credits toward compliance with the technicians and service shop owners. the efficiency rate achieved by the CO2e GHG emission standards, both for The commenter requested that the EPA standards. As discussed above in improving the efficiency of MVACs and require that all certified AC shops have section II.B of this rule, SAE J2843 for reducing MVAC HFC emissions by their technicians certified under the includes requirements established in reducing leakage or using alternative, ASE Refrigerant Recovery and Recycling SAE J2788 that should result in an lower-GWP refrigerants. (see 40 CFR Program and provide proof when efficient 95% refrigerant recovery rate 86.1865–12 and 1867–12). Any credits a applying for their business license. The during MVAC servicing. Research manufacturer may generate at the time commenter also requested that the EPA showed that equipment certified to meet
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SAE J2210 and SAE J1732 9 left as much assessments, monitoring, and granting For service shops that choose to as 30% of the refrigerant in MVACs. As accreditations. The commenter further service MVACs, including R–1234yf a result of these findings, SAE requested that the EPA collaborate with MVACs, the regulations requiring developed SAE J2788 and SAE J2810, DOC/NIST/Standards Coordination technicians to use certified equipment which require that equipment be Office in order to provide consistent prior to service or repair have been in capable of recovering 95% of refrigerant guidance. place since 1992 (57 FR 31242; July 14, from MVACs. Regarding impacts on Response: The EPA also 1992). As mentioned above in section vehicle manufacturers and service acknowledges the commenter’s II.B, the regulations issued in 1992 centers, this action is intended to additional suggestions; however, they under CAA section 609, codified at 40 provide additional flexibility for are outside the scope of this rulemaking, CFR part 82, subpart B, include, among industry stakeholders that wish to select so no response is required. other things, a definition of recovery and recycling equipment Comment: One commenter expressed ‘‘refrigerant’’ that includes any class I or certified to the three SAE standards. support for adoption of the three class II substance used in an MVAC, as This action should not affect vehicle standards and stated that they are well as any substitute substance manufacturers and does not require the appropriate in that they help ensure the effective November 15, 1995 (40 CFR purchase of R–1234yf MVAC servicing efficacy of MVAC refrigerant recycling 82.32(f)); prohibited and required equipment. Instead it adopts existing equipment. The commenter, however, practices for persons repairing and SAE standards that include guidelines stated that the EPA does not have servicing MVACs for consideration (40 and requirements for equipment authority under CAA section 609 to CFR 82.34); requirements for refrigerant designed to service R–1234yf MVACs mandate the purchase and use of R– handling equipment (40 CFR 82.36); safely and efficiently. Regarding the 1234yf servicing equipment and approval processes for independent question about the benefits of recycling strongly objected to any mandate that standards testing organizations (40 CFR versus discarding R–1234yf, the EPA requires the purchase and use of R– 82.38); requirements for certifications did not propose and is neither requiring 1234yf MVAC servicing equipment by that any person servicing or repairing nor prohibiting either destruction or dealerships because ‘‘R–1234yf is not an MVACs for consideration must submit recycling of R–1234yf in this final rule, [ozone-depleting substance (ODS)].’’ to the EPA, and related recordkeeping and thus this issue is not relevant to this The commenter also objected to the requirements (40 CFR 82.42). The EPA rulemaking. Destruction of the proposed changes to the definition of has neither reopened nor requested refrigerant remains a viable option for ‘‘properly using’’ that they asserted comment on these requirements, service shops (e.g., service shops could would require the use of R–1234yf approval processes, and definition. This recover and send for destruction the MVAC servicing equipment in action does not alter the requirement to refrigerant if so desired). Under CAA conformity with the regulations at 40 comply with the provisions in 40 CFR section 609, all refrigerant, including R– CFR part 82, subpart B. The commenter part 82, subpart B. Instead, it expands 1234yf, must be properly recycled or asserted that the rule ‘‘lacks both a the types of equipment that can be reclaimed before it can be reused, even sufficient legal basis and any plausible certified to service vehicles that use R– if it is being returned to the vehicle from cost/benefit justification’’ and that 1234yf. As such, this action provides a which it was removed. We understand market-based decisions alone should be benefit to stakeholders by expanding the that most service shops today choose to considered. options available to and providing recover and either recycle or send for Response: The EPA acknowledges the additional flexibility for stakeholders reclamation MVAC refrigerants. commenter’s support for the adoption of that choose to service vehicles that use Additionally, CAA section 608 and its the three standards. In this action, the R–1234yf. Because this action does not implementing regulations prohibit EPA is adopting and incorporating by impose additional requirements but knowingly venting or otherwise reference the three existing SAE instead provides additional options to knowingly releasing or disposing of standards to provide additional stakeholders, there are no compliance refrigerants such as R–1234yf when flexibility for stakeholders who wish to costs associated with this action and the maintaining, servicing, repairing, or select recovery and recycling equipment commenter’s implicit suggestion that disposing of air conditioning or certified to the three standards. The EPA the benefits don’t justify the costs is refrigeration equipment, including did not propose and is not mandating in thus misplaced. Additionally, the EPA MVACs. When an MVAC system enters this final rule that any person or interprets the comment regarding the waste stream, the final person in the dealership that services vehicles use R– market-based decisions to mean that the disposal chain must recover the 1234yf or purchase or use R–1234yf market alone should dictate whether refrigerant, or verify using a signed MVAC servicing equipment. The service shops purchase and use R– statement or contract that the refrigerant commenter’s assertion that the EPA 1234yf MVAC servicing equipment, has been recovered, prior to disposal. does not have authority to mandate the rather than a legal mandate. As Additional information and purchase and use of R–1234yf MVAC mentioned earlier, the EPA did not requirements regarding safe disposal is servicing equipment is thus not relevant propose and is not mandating in this available at https://www.epa.gov/ to this action and requires no further final rule that any person or dealership section608/stationary-refrigeration-safe- response. CAA section 609 gives the that services vehicles use R–1234yf or disposal-requirements. EPA authority to promulgate regulations purchase or use R–1234yf MVAC Comment: One commenter requested establishing standards and requirements servicing equipment. Rather, existing that the EPA rely more on the regarding the servicing and repair of EPA regulations that are not modified International Laboratory Accreditation MVAC and this action is taken pursuant by this action already require 10 Cooperation accreditation framework for to that authority. stakeholders who chose to service or repair vehicles that use R–1234yf to use 9 SAE J2210 (HFC–134a (R–134a) Recovery/ 10 The commenter also referenced a final rule Recycling Equipment for Mobile Air-Conditioning published under CAA section 608 (85 FR 14150, certified equipment. Systems (Cancelled Nov. 2010)). SAE J1732 (HFC– March 11, 2020). EPA notes that the March 2020 134a (R–134a) Refrigerant Recovery Equipment for final rule issued by the agency’s National Recycling of EPA’s authority under CAA section 608, which Mobile Automotive Air-Conditioning Systems and Emission Reduction Program is focused on is a distinct statutory provision from CAA section (Stabilized Nov. 2011)). refrigerant management requirements and the scope 609.
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Regarding the definition of ‘‘properly net regulatory burden for all directly industry consensus standards: SAE using’’ at 40 CFR 82.32(e), this final rule regulated small entities. J2843 ‘‘R–1234yf (HFO–1234yf) updates the definition of properly using Recovery/Recycling/Recharging E. Unfunded Mandates Reform Act to add the three standards being Equipment for Flammable Refrigerants (UMRA) incorporated by reference at 40 CFR for Mobile Air-Conditioning Systems’’; 82.36(a)(8)–(10) to the list of This action does not contain any SAE J2851 ‘‘Recovery Equipment for recommended service procedures and Federal mandates or unfunded Contaminated R–134a or R–1234yf practices for the containment of mandates as described in UMRA, 2 Refrigerant from Mobile Automotive refrigerant. As mentioned above, the U.S.C. 1531–1538, and does not Air-Conditioning Systems’’; and SAE agency is not mandating in this final significantly or uniquely affect small J3030 ‘‘Automotive Refrigerant rule that service shops purchase or use governments. The action imposes no Recovery/Recycling/Recharging R–1234yf MVAC servicing equipment. enforceable duty on any state, local, or Equipment Intended for use with Both tribal governments or the private sector. R–1234yf and R–134a.’’ Specifically, VI. Statutory and Executive Order these standards are: Reviews F. Executive Order 13132: Federalism 1. SAE J2843: R–1234yf (HFO–1234yf) Additional information about these This action does not have federalism Recovery/Recycling/Recharging statutes and Executive orders can be implications. It will not have substantial Equipment for Flammable Refrigerants found at https://www.epa.gov/laws- direct effects on the states, on the for Mobile Air-Conditioning Systems regulations/laws-and-executive-orders. relationship between the National (revised July 2019). This standard Government and the states, or on the applies to refrigerant handling A. Executive Order 12866: Regulatory distribution of power and Planning and Review and Executive equipment intended for use with R– responsibilities among the various 1234yf refrigerant from MVACs only. It Order 13563: Improving Regulation and levels of government. Regulatory Review establishes requirements for equipment G. Executive Order 13175: Consultation used to recover, recycle, and/or recharge This action is not a significant and Coordination With Indian Tribal R–1234yf. This standard is available at regulatory action and was therefore not Governments https://www.sae.org/standards/content/ submitted to the Office of Management j2843_201907. This action does not have tribal and Budget (OMB) for review. 2. SAE J2851: Recovery Equipment for implications as specified in Executive Contaminated R–134a or R–1234yf B. Executive Order 13771: Reducing Order 13175. It will not have substantial Refrigerant from Mobile Automotive Air- Regulation and Controlling Regulatory direct effects on tribal governments, on Conditioning Systems (revised February Costs the relationship between the Federal 2015). This standard applies to recovery This action is not an Executive Order Government and Indian tribes, or on the equipment that removes contaminated 13771 regulatory action because this distribution of power and R–134a and/or R–1234yf from MVACs. action is not significant under Executive responsibilities between the Federal This standard is available at https:// Order 12866. Government and Indian tribes, as www.sae.org/standards/content/j2851_ specified in Executive Order 13175. C. Paperwork Reduction Act (PRA) 201502. Thus, Executive Order 13175 does not This action does not impose any new apply to this action. 3. SAE J3030: Automotive Refrigerant information collection burden under the Recovery/Recycling/Recharging PRA. OMB has previously approved the H. Executive Order 13045: Protection of Equipment Intended for use with Both information collection activities Children From Environmental Health R–1234yf and R–134a (revised July contained in the existing regulations and Safety Risks 2015). This standard establishes the and has assigned OMB control number This action is not subject to Executive minimum equipment requirements for 2060–0247. This rule contains no new Order 13045 because it is not recovery/recycling/recharging requirements for reporting or economically significant as defined in equipment intended for use with both recordkeeping. Executive Order 12866, and because the R–1234yf and R–134a in a common refrigerant circuit that has been directly D. Regulatory Flexibility Act (RFA) EPA does not believe the environmental health or safety risks addressed by this removed from, and is intended for I certify that this action will not have action present a disproportionate risk to reuse, in MVACs. This standard is a significant economic impact on a children. The EPA has not conducted a available at https://www.sae.org/ _ substantial number of small entities separate analysis of risks to infants and standards/content/j3030 201507. under the RFA. In making this children associated with this final rule. These standards may be purchased by determination, the impact of concern is mail at: SAE Customer Service, 400 any significant adverse economic I. Executive Order 13211: Actions Commonwealth Drive, Warrendale, PA impact on small entities. An agency may Concerning Regulations That 15096–0001; by telephone: 1–877–606– certify that a rule will not have a Significantly Affect Energy Supply, 7323 in the United States or 1–724–776– significant economic impact on a Distribution, or Use 4970 outside the United States or in substantial number of small entities if This action is not subject to Executive Canada. The cost of SAE J2843, SAE the rule relieves regulatory burden, has Order 13211, because it is not a J2851, and SAE J3030 is $81 each for an no net burden or otherwise has a significant regulatory action under electronic or hard copy. The cost of positive economic effect on the small Executive Order 12866. obtaining these standards is not a entities subject to the rule. This action significant financial burden for adopts and incorporates by reference J. National Technology Transfer and manufacturers of MVACs and purchase three existing technical standards Advancement Act (NTTAA) is not required for those selling, developed by SAE for equipment that This action involves technical installing, or servicing MVACs. recovers, recycles, and/or recharges R– standards for the servicing of MVACs Therefore, the EPA concludes that SAE 1234yf in MVACs. We have therefore that use R–1234yf. The EPA is J2843, SAE J2851, and SAE J3030 are concluded that this action will have no incorporating by reference three reasonably available.
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K. Executive Order 12898: Federal or at the National Archives and Records ■ 4. Amend § 82.36 by revising Actions To Address Environmental Administration (NARA). For paragraph (a)(7) and adding paragraphs Justice in Minority Populations and information on the availability of this (a)(8) through (10) to read as follows: Low-Income Populations material at NARA, email fedreg.legal@ nara.gov or go to www.archives.gov/ § 82.36 Approved refrigerant handling This action does not have equipment. disproportionately high and adverse federal-register/cfr/ibr-locations.html. (b) SAE International. SAE Customer (a) * * * human health or environmental effects (7) Equipment that recovers but does on minority populations, low-income Service, 400 Commonwealth Drive, Warrendale, PA 15096–0001 USA; not recycle refrigerants other than CFC– populations and/or indigenous peoples, 12, HFC–134a, and HFO–1234yf must as specified in Executive Order 12898 Email: [email protected]; Telephone: 1–877–606–7323 (U.S. and meet the standards set forth in appendix (59 FR 7629, February 16, 1994). This F of this subpart (Recover-Only action adopts and incorporate by Canada only) or 1–724–776–4970 (outside the U.S. and Canada); internet Equipment that Extracts a Single, reference three technical standards for Specific Refrigerant Other Than CFC– equipment that recovers, recycles, and/ address: http://store.sae.org/ dlabout.htm. 12, HFC–134a, or HFO–1234yf). or recharges R–1234yf in MVACs. The (8) Equipment that recovers and (1) SAE J2843TM. R–1234yf (HFO– proper use of servicing equipment recycles HFO–1234yf refrigerant from 1234yf) Recovery/Recycling/Recharging prevents the intentional release of MVACs and recharges MVAC systems Equipment for Flammable Refrigerants refrigerant to the environment and with HFO–1234yf refrigerant must meet for Mobile Air-Conditioning Systems. decreases the amount of such emissions the standards set forth in SAE J2843 Revised July 2019; IBR approved for to which all affected populations are (incorporated by reference, see § 82.31). § 82.36(a). exposed. (9) Equipment that recovers but does L. Congressional Review Act (CRA) (2) SAE J2851. Recovery Equipment not recycle contaminated HFC–134a for Contaminated R–134a or R–1234yf and/or HFO–1234yf refrigerant from This action is subject to the CRA, and Refrigerant from Mobile Automotive Air the EPA will submit a rule report to MVACs must meet the standards set Conditioning Systems. Revised February forth in SAE J2851 (incorporated by each House of the Congress and to the 2015; IBR approved for § 82.36(a). Comptroller General of the United reference, see § 82.31). (3) SAE J3030. Automotive Refrigerant (10) Equipment that recovers, States. This action is not a ‘‘major rule’’ Recovery/Recycling/Recharging as defined by 5 U.S.C. 804(2). recycles, and recharges both HFO– Equipment Intended for use with Both 1234yf and R–134a from MVACs must List of Subjects in 40 CFR Part 82 R–1234yf and R–134a. Issued July 2015 meet the standards set forth in SAE (Note: SAE J3030 heading says J3030 (incorporated by reference, see Environmental protection, ‘‘revised’’); IBR approved for § 82.36(a). Administrative practice and procedure, § 82.31). Air pollution control, Incorporation by ■ 3. Amend § 82.32 by revising * * * * * reference, Recycling, Reporting and paragraph (e)(1) to read as follows: ■ 5. Amend § 82.38 by revising recordkeeping requirements, § 82.32 Definitions. paragraph (a) to read as follows: Stratospheric ozone layer. * * * * * § 82.38 Approved independent standards Jane Nishida, (e) * * * testing organizations. Acting Administrator. (1) Properly using means using (a) Any independent standards testing For the reasons set out in the equipment in conformity with the organization may apply for approval by preamble, 40 CFR part 82 is amended as regulations set forth in this subpart, the Administrator to certify equipment follows: including but not limited to the as meeting the standards in § 82.36(a) prohibitions and required practices set and appendices A, B, C, D, E, and F to PART 82—PROTECTION OF forth in § 82.34, and the recommended this subpart, as applicable. The STRATOSPHERIC OZONE service procedures and practices for the application shall be sent to: MVACs containment of refrigerant set forth in Recycling Program Manager, ■ 1. The authority citation for part 82 § 82.36(a) and appendices A, B, C, D, E, Stratospheric Protection Division continues to read as follows: and F to this subpart, as applicable. In (6205T), U.S. Environmental Protection Authority: 42 U.S.C. 7414, 7601, 7671– addition, this term includes operating Agency, 1200 Pennsylvania Ave. NW, 7671q. the equipment in accordance with the Washington, DC 20460. manufacturer’s guide to operation and * * * * * Subpart B—Servicing of Motor Vehicle maintenance and using the equipment Air Conditioners ■ 6. Amend § 82.40 by revising only for the controlled substance for paragraph (a)(2)(i) to read as follows: ■ 2. Add § 82.31 to read as follows: which the machine is designed. For equipment that extracts and recycles § 82.40 Technician training and § 82.31 Incorporation by reference. refrigerant, properly using also means to certification. (a) Certain material is incorporated by recycle refrigerant before it is returned (a) * * * reference into this subpart part with the to a motor vehicle air conditioner or (2) * * * approval of the Director of the Federal MVAC-like appliance, including to the (i) The standards established for the Register under 5 U.S.C. 552(a) and 1 motor vehicle air conditioner or MVAC- service and repair of MVACs and CFR part 51. You can obtain the like appliance from which the MVAC-like appliances as set forth in material from the sources listed in refrigerant was extracted. For equipment § 82.36(a) and appendices A, B, C, D, E, paragraph (b) of this section. You may that only recovers refrigerant, properly and F to this subpart. These standards inspect a copy of the approved material using includes the requirement to relate to the recommended service at U.S. EPA’s Air and Radiation Docket; recycle the refrigerant on-site or send procedures for the containment of EPA West Building, Room 3334, 1301 the refrigerant off-site for reclamation. refrigerant, extraction equipment, Constitution Ave. NW, Washington, DC, * * * * * extraction and recycle equipment, and
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the standard of purity for refrigerant in ENVIRONMENTAL PROTECTION consider to be Confidential Business motor vehicle air conditioners. AGENCY Information (CBI) or other information * * * * * whose disclosure is restricted by statute. 40 CFR Parts 281 and 282 Multimedia submissions (audio, video, ■ 7. Amend appendix F to subpart B of [EPA–R04–UST–2019–0582; FRL–10014– etc.) must be accompanied by a written part 82 by revising the appendix 89–Region 4] comment. The written comment is heading, the ‘‘Foreword’’ section, considered the official comment and sections 1 and 3.1, and the South Carolina: Final Approval of State should include discussion of all points ‘‘Application’’ section to read as Underground Storage Tank Program you wish to make. The EPA will follows: Revisions, Codification, and generally not consider comments or Incorporation by Reference comment contents located outside of the Appendix F to Subpart B of Part 82— primary submission (i.e., on the web, AGENCY: Environmental Protection Standard for Recover-Only Equipment cloud, or other file sharing system). For Agency (EPA). That Extracts a Single, Specific additional submission methods, the full ACTION: Refrigerant Other Than CFC–12, HFC– Direct final rule. EPA public comment policy, 134a, or R–1234yf SUMMARY: The State of South Carolina information about CBI or multimedia Foreword (South Carolina or State) has applied to submissions, and general guidance on the Environmental Protection Agency making effective comments, please visit: These specifications are for equipment that https://www.epa.gov/dockets/ recovers, but does not recycle, any single, (EPA) for final approval of revisions to commenting-epa-dockets. specific automotive refrigerant other than its Underground Storage Tank Program CFC–12, HFC–134a, or HFO–1234yf, (UST Program) under subtitle I of the Out of an abundance of caution for including a blend refrigerant. Resource Conservation and Recovery members of the public and our staff, the Act (RCRA or Act). Pursuant to RCRA, public’s access to the EPA Region 4 1. Scope the EPA is taking direct final action, Offices is by appointment only to The purpose of this standard is to provide subject to public comment, to approve reduce the risk of transmitting COVID– equipment specifications for the recovery of revisions to the UST Program. The EPA 19. We encourage the public to submit any single, specific refrigerant other than has reviewed South Carolina’s revisions comments via https:// CFC–12, HFC–134a, or HFO–1234yf, and has determined that these revisions www.regulations.gov or via email. The including a blend refrigerant, which is either satisfy all requirements needed for EPA encourages electronic comment (1) to be returned to a refrigerant reclamation approval. In addition, this action also submittals, but if you are unable to facility that will process the refrigerant to codifies the EPA’s approval of South submit electronically or need other ARI Standard 700–93 or equivalent new Carolina’s revised UST Program and assistance, please contact Ben Singh, the product specifications at a minimum, or (2) incorporates by reference those contact listed in the FOR FURTHER to be recycled in approved refrigerant provisions of the State statutes and INFORMATION CONTACT provision below. recycling equipment, or (3) to be destroyed. regulations that the EPA has determined The index to the docket for this action This standard applies to equipment used to meet the requirements for approval. and all documents that form the basis of service automobiles, light trucks, and other DATES: This rule is effective May 24, this codification and associated publicly vehicles with similar air conditioning 2021, unless the EPA receives adverse available docket materials are available systems. comment by April 23, 2021. If the EPA for review on the https:// * * * * * receives adverse comment, it will www.regulations.gov website. The EPA 3.1 The equipment must be able to extract publish a timely withdrawal in the encourages electronic reviewing of these from a mobile air conditioning system the Federal Register informing the public documents, but if you are unable to refrigerant other than CFC–12, HFC–134a, or that the rule will not take effect. The review these documents electronically, HFO–1234yf to which the equipment is incorporation by reference of certain please contact Ben Singh to schedule an dedicated. publications listed in the regulations is appointment to view the documents at * * * * * approved by the Director of the Federal the Region 4 Offices. Interested persons Register as of May 24, 2021. wanting to examine these documents Application ADDRESSES: Submit your comments by should make an appointment at least The purpose of this standard is to provide one of the following methods: two weeks in advance. EPA Region 4 equipment specifications for the recovery of • Federal eRulemaking Portal: requires all visitors adhere to the any refrigerant other than CFC–12, HFC– https://www.regulations.gov (our COVID–19 protocol, which requires face 134a, or HFO–1234yf for return to a preferred method). Follow the online coverings and social distancing. refrigerant reclamation facility that will instructions for submitting comments. Please also contact Ben Singh if you process it to AHRI Standard 700 (or for • Email: [email protected]. Include need assistance in a language other than recycling in other EPA approved recycling the Docket ID No. EPA–R04–UST–2019– English or if you are a person with equipment, in the event that EPA in the 0582 in the subject line of the message. disabilities who needs a reasonable future designates a standard for equipment Instructions: Submit your comments, accommodation at no cost to you. For capable of recycling refrigerants other than identified by Docket ID No. EPA–R04– further information on EPA Docket CFC–12, HFC–134a, or HFO–1234yf). UST–2019–0582, via the Federal Center services and the current status, * * * * * eRulemaking Portal at https:// please visit us online at https:// [FR Doc. 2021–05363 Filed 3–23–21; 8:45 am] www.regulations.gov. Follow the online www.epa.gov/dockets. BILLING CODE 6560–50–P instructions for submitting comments. The EPA continues to carefully and Once submitted, comments cannot be continuously monitor information from edited or removed from https:// the Centers for Disease Control and www.regulations.gov. The EPA may Prevention (CDC), local area health publish any comment received to its departments, and our Federal partners public docket. Do not submit so that we can respond rapidly as electronically any information you conditions change regarding COVID–19.
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FOR FURTHER INFORMATION CONTACT: Ben copies of all relevant State statutes and that serves as the proposal to approve Singh, RCRA Programs and Cleanup regulations. The EPA has reviewed the the State’s UST Program revisions, and Branch, Land, Chemicals and State Application and has determined provides an opportunity for public Redevelopment Division, U.S. that the revisions to South Carolina’s comment. If the EPA receives comments Environmental Protection Agency, UST Program are no less stringent than that oppose this approval, the EPA will Region 4, Atlanta Federal Center, 61 the corresponding Federal requirements withdraw this direct final rule by Forsyth Street SW, Atlanta, Georgia in subpart C of 40 CFR part 281, and publishing a document in the Federal 30303–8960; Phone number: (404) 562– that the South Carolina UST Program Register before it becomes effective. The 8922; email address: [email protected]. continues to provide adequate EPA will make any further decision on Please contact Ben Singh by phone or enforcement of compliance. Therefore, approval of the State Application after email for further information. the EPA grants South Carolina final considering all comments received SUPPLEMENTARY INFORMATION: approval to operate its UST Program during the comment period. The EPA with the revisions described in the State will then address all public comments I. Approval of Revisions to South Application, and as outlined below. The in a later final rule. You may not have Carolina’s Underground Storage Tank South Carolina Department of Health another opportunity to comment. If you (UST) Program and Environmental Control (DHEC) is want to comment on this approval, you A. Why are revisions to state UST the lead implementing agency for the must do so at this time. UST Program in South Carolina, except programs necessary? F. For what has South Carolina in Indian country as noted below in States that have received final previously been approved? Section I.I. approval from the EPA under section Effective September 27, 2002, the EPA 9004(b) of RCRA, 42 U.S.C. 6991c(b), C. What is the effect of this approval on granted final approval for South must maintain a UST program that is no the regulated community? Carolina to administer the State UST less stringent than the Federal program. Section 9004(b) of RCRA, 42 U.S.C. Program in lieu of the Federal UST When the EPA makes revisions to the 6991c(b), as amended, allows the EPA to program (67 FR 55160, August 28, regulations that govern the UST approve state UST programs to operate 2002). Effective June 9, 2014, the EPA program, states must revise their in lieu of the Federal program. With this incorporated by reference and codified programs to comply with the updated approval, the changes described in the the federally approved South Carolina regulations and submit these revisions State Application will become part of UST Program (79 FR 19830, April 10, to the EPA for approval. Most the approved State UST Program, and 2014). As a result of the EPA’s approval, commonly, states must change their therefore will be federally enforceable. these provisions became subject to the programs because of changes to the South Carolina will continue to have EPA’s corrective action, inspection, and EPA’s regulations in title 40 of the Code primary enforcement authority and enforcement authorities under RCRA of Federal Regulations (CFR) part 280. responsibility for its State UST Program. sections 9003(h), 9005, and 9006, 42 States can also initiate changes on their This action does not impose additional U.S.C. 6991b(h), 6991d, and 6991e, and own to their UST programs and these requirements on the regulated other applicable statutory and changes must then be approved by the community because the regulations regulatory provisions. EPA. being approved by this rule are already in effect in the State of South Carolina, G. What changes is the EPA approving B. What decision has the EPA made in with this action and what standards do this rule? and are not changed by this action. This action merely approves the existing we use for review? On April 16, 2019, in accordance with State regulations as meeting the 2015 In order to be approved, each state 40 CFR 281.51(a), South Carolina Federal Revisions and rendering them program revision application must meet submitted a complete program revision federally enforceable. the general requirements in 40 CFR application (State Application) seeking 281.11 (General Requirements), and the approval of changes to its UST Program. D. Why is the EPA using a direct final specific requirements in 40 CFR part The program revisions requested in the rule? 281, subpart B (Components of a State Application correspond to the EPA The EPA is publishing this direct final Program Application), subpart C final rule published on July 15, 2015 (80 rule without a prior proposed rule (Criteria for No Less Stringent), and FR 41566), which revised the 1988 UST because we view this as a subpart D (Adequate Enforcement of regulations and the 1988 state program noncontroversial action and we Compliance). approval (SPA) regulations (2015 anticipate no adverse comment. South As more fully described below, the Federal Revisions). As required by 40 Carolina addressed all comments it State has made changes to its UST CFR 281.20, the State Application received during its comment period Program to reflect the 2015 Federal contains the following: A transmittal when the rules and regulations being Revisions. These changes are included letter from the Governor requesting considered in this document were in South Carolina’s UST Rules at S.C. approval; a description of the program proposed at the State level. Code Ann. Regs. 61–92, as amended, and operating procedures; a effective May 26, 2017. The EPA is E. What happens if the EPA receives demonstration of the State’s procedures proposing to approve the State’s comments that oppose this action? to ensure adequate enforcement; a changes because they are no less Memorandum of Agreement outlining Along with this direct final rule, the stringent than the Federal UST program, the roles and responsibilities of the EPA EPA is simultaneously publishing a and because the revised South Carolina and the implementing agency; an separate document in the ‘‘Proposed UST Program will continue to provide Attorney General’s Statement; 1 and Rules’’ section of this Federal Register for adequate enforcement of compliance as required by 40 CFR 281.11(b) and 1 40 CFR 281.24(a) requires an Attorney General’s agency in court on all matters pertaining to the state part 281, subparts C and D, after this statement, but allows it to be signed by independent UST program. The South Carolina DHEC General legal counsel for the state rather than the Attorney Counsel has represented that it has such authority approval. General, provided that such counsel has full and has submitted such statement as part of the DHEC continues to be the lead authority to independently represent the state State Application. implementing agency for the UST
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Program in South Carolina. DHEC has hydrant systems. South Carolina iv. S.C. Code Ann. section 44–2–90, broad statutory and regulatory authority adopted all of the required 2015 Federal insofar as it refers to interest collected to regulate the installation, operation, Revisions at S.C. Code. Ann. Regs. 61– on State funds and the sunset date of the maintenance, and closure of USTs, as 92 (2017). environmental impact fee. well as UST releases, under the State As part of the State Application, the v. S.C. Code Ann. section 44–2–110, Underground Petroleum Environmental DHEC General Counsel has certified that insofar as it establishes criteria for Response Bank Act (SUPERB) of 1988, the State regulations provide for qualified expenditure of funds from the S.C. Code Ann. sections 44–2–10 to 44– adequate enforcement of compliance SUPERB Account. 2–150, and the South Carolina UST and meet the no less stringent criteria in vi. S.C. Code Ann. section 44–2–115, Rules at S.C. Code Ann. Regs. 61–92 40 CFR part 281, subparts C and D. The insofar as it regulates eligibility for the (2017). EPA is relying on this certification, in SUPERB Account. As part of the State Application, addition to the analysis submitted by vii. S.C. Code Ann. section 44–2–120, South Carolina has identified the the State, in approving the State’s insofar as it establishes requirements for following specific authorities for changes. site rehabilitation contractors. compliance monitoring, required H. Where are the revised State rules viii. S.C. Code Ann. section 44–2–130, pursuant to 40 CFR 281.40: S.C. Code. different from the Federal rules? insofar as it establishes criteria for Ann. section 44–2–50(C); and S.C. Code. compensation from the SUPERB States may enact laws that are more Ann. Regs. 61–92, section 280.34. Account. As part of the State Application, stringent than their Federal ix. S.C. Code Ann. section 44–2–150, South Carolina has identified the counterparts. See RCRA section 9008, insofar as it establishes provisions for following specific authorities for 42 U.S.C. 6991g. When an approved the creation and operations of a enforcement response, required state program includes requirements SUPERB Advisory Committee. pursuant to 40 CFR 281.41: S.C. Code. that are considered more stringent than Ann. section 44–2–140; and S.C. Code. those required by Federal law, the more Regulatory Broader in Scope Provisions Ann. Regs. 61–92, sections 280.26 and stringent requirements become part of i. S.C. Code Ann. Regs. 61–92, section 280.301. the federally approved program in 280.10(d), insofar as it requires UST As part of the State Application, accordance with 40 CFR 281.12(a)(3)(i). systems to be permitted or registered South Carolina has identified the The EPA has determined that some of with DHEC. following specific authorities enabling South Carolina’s regulations are ii. S.C. Code Ann. Regs. 61–92, public participation in the State considered more stringent than the section 280.20, as to the text ‘‘obtain enforcement process, required pursuant Federal program, and upon approval, permits in accordance with section to 40 CFR 281.42: Rule 24(a)(2) of the they will become part of the federally 280.23 and’’ in the introductory South Carolina Rules of Civil Procedure; approved State UST Program and paragraph, and the text ‘‘on the Permit and S.C. Code. Ann. Regs. 61–92, therefore federally enforceable. section 280.67. Further, through a In addition, states may enact laws to Operate application form in Memorandum of Agreement between which are broader in scope than their accordance with section 280.23’’ in (f), DHEC and the EPA, effective October Federal counterparts in accordance with insofar as they require UST systems to 12, 2018, the State maintains procedures 40 CFR 281.12(a)(3). State requirements be permitted by DHEC. for receiving and ensuring proper that go beyond the scope of the Federal iii. S.C. Code Ann. Regs. 61–92, consideration of information about program are not part of the federally sections 280.22(h) and (i), insofar as violations submitted by the public, and approved program and the EPA cannot they require UST systems to be DHEC will not oppose citizen enforce them. Although these registered with DHEC. intervention when permissive requirements are enforceable by the iv. S.C. Code Ann. Regs. 61–92, intervention is allowed by statute, rule State in accordance with South Carolina section 280.23, insofar as it requires or regulation. As required pursuant to law, they are not Federal RCRA UST systems to be permitted by DHEC. 40 CFR 281.43, through the requirements. The EPA considers the v. S.C. Code Ann. Regs. 61–92, Memorandum of Agreement between following State requirements to be sections 280.101(b) through (e), insofar the State and the EPA, the State agrees broader in scope than the Federal as they establish regulations for the to furnish the EPA, upon request, any program and therefore not part of the administration of the State funds. information in State files obtained or federally approved State UST Program: vi. S.C. Code Ann. Regs. 61–92, used in the administration of the State section 280.300, insofar as it gives UST Program. Statutory Broader in Scope Provisions DHEC broad authority to grant variances To qualify for final approval, i. S.C. Code Ann. section 44–2–40, that may be beyond the scope of that revisions to a state’s UST program must insofar as it provides for the creation of allowed by the Memorandum of be no less stringent than the 2015 a SUPERB Account and SUPERB Agreement between DHEC and EPA. Federal Revisions. In the 2015 Federal Financial Responsibility Fund I. How does this action affect Indian Revisions, the EPA addressed UST (collectively, ‘‘State funds’’), and systems deferred in the 1988 UST country (18 U.S.C. 1151) in South establishes criteria for accessing the Carolina? regulations, and added, among other funds. things: New operation and maintenance ii. S.C. Code Ann. section 44–2–60, The EPA’s approval of South requirements; secondary containment insofar as it requires registration, Carolina’s UST Program does not extend requirements for new and replaced beyond the Federal notification to Indian country as defined in 18 tanks and piping; operator training requirements, and the payment of U.S.C. 1151, which includes the requirements; and a requirement to registration fees for underground storage Catawba Indian Nation. The EPA will ensure UST system compatibility before tanks. retain responsibilities under RCRA for storing certain biofuel blends. In iii. S.C. Code Ann. section 44–2–75, underground storage tanks in Indian addition, the EPA removed past insofar as it provides for a means of country. Therefore, this action has no deferrals for emergency generator tanks, establishing insurance pools to effect in Indian country. See 40 CFR field constructed tanks, and airport demonstrate financial responsibility. 281.12(a)(2).
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II. Codification Specifically, in 40 CFR 282.90(d)(1)(i), 282.90(d)(1)(iii) lists the South Carolina the EPA is incorporating by reference statutory and regulatory provisions A. What is codification? the EPA-approved South Carolina UST which are broader in scope than the Codification is the process of placing Program. Section 282.90(d)(1)(ii) Federal program or external to state UST citations and references to a state’s identifies the State’s statutes and program approval requirements. These statutes and regulations that comprise a regulations that are part of the approved provisions are, therefore, not part of the state’s approved UST program into the State UST Program, although not approved UST Program that the EPA is CFR. The EPA codifies its approval of incorporated by reference for codifying. Although these provisions state programs in 40 CFR part 282 and enforcement purposes. Section cannot be enforced by the EPA, the State incorporates by reference state statutes 282.90(d)(1)(iii) identifies the State’s will continue to implement and enforce and regulations that the EPA can statutory and regulatory provisions that such provisions under State law. enforce, after the approval is final, are broader in scope or external to the under sections 9005 and 9006 of RCRA, State’s approved UST Program and III. Statutory and Executive Order and any other applicable statutory therefore not incorporated by reference. (E.O.) Reviews provisions. The incorporation by Section 282.90(d)(2) through (5) The EPA’s actions merely approve reference of EPA-approved state reference the Attorney General’s and codify South Carolina’s revised programs in the CFR should Statement, Demonstration of Adequate UST Program requirements pursuant to substantially enhance the public’s Enforcement Procedures, the Program RCRA section 9004, and do not impose ability to discern the status of the Description, and the Memorandum of additional requirements other than approved state UST programs and state Agreement, which are part of the State those imposed by State law. For that requirements that can be federally Application and part of the UST reason, these actions: enforced. This effort provides clear Program under subtitle I of RCRA. • Are not significant regulatory notice to the public of the scope of the actions subject to review by the Office D. What is the effect of the EPA’s approved program in each state. of Management and Budget under codification of the federally approved Executive Orders 12866 (58 FR 51735, B. What is the history of codification of South Carolina UST Program on October 4, 1993) and 13563 (76 FR 3821, South Carolina’s UST Program? enforcement? January 21, 2011); In 2014, the EPA incorporated by The EPA retains the authority under • Are not Executive Order 13771 (82 reference and codified South Carolina’s sections 9003(h), 9005, and 9006 of FR 9339, February 2, 2017) regulatory approved UST Program at 40 CFR subtitle I of RCRA, 42 U.S.C. 6991b(h), actions because UST program approvals 282.90 (79 FR 19830, April 10, 2014). 6991d, and 6991e, and other applicable are exempted under Executive Order Through this action, the EPA is statutory and regulatory provisions, to 12866; amending 40 CFR 282.90 to incorporate undertake corrective action, inspections, • Do not impose an information by reference and codify South Carolina’s and enforcement actions, and to issue collection burden under the provisions revised UST Program. orders in approved states. If the EPA of the Paperwork Reduction Act (44 determines it will take such actions in U.S.C. 3501 et seq.); C. What codification decisions is the • EPA making in this rule? South Carolina, the EPA will rely on Are certified as not having a Federal sanctions, Federal inspection significant economic impact on a In this rule, the EPA is finalizing authorities, and other Federal substantial number of small entities regulatory text that incorporates by procedures rather than the State under the Regulatory Flexibility Act (5 reference the federally approved South analogs. Therefore, the EPA is not U.S.C. 601 et seq.); Carolina UST Program, including the incorporating by reference South • Do not contain any unfunded revisions made to the UST Program Carolina’s procedural and enforcement mandate or significantly or uniquely based on the 2015 Federal Revisions. In authorities, although they are listed in affect small governments, as described accordance with the requirements of 1 40 CFR 282.90(d)(1)(ii). in the Unfunded Mandates Reform Act CFR 51.5, the EPA is incorporating by of 1995 (Pub. L. 104–4); reference South Carolina’s statutes and E. What State provisions are not part of • the codification? Do not have federalism implications regulations as described in the as specified in Executive Order 13132 amendments to 40 CFR part 282 set As discussed in section I.H. above, (64 FR 43255, August 10, 1999); forth below. These documents are some provisions of the State’s UST • Are not economically significant available through https:// Program are not part of the federally regulatory actions based on health or www.regulations.gov. This codification approved State UST Program because safety risks subject to Executive Order reflects the State UST Program that will they are broader in scope than the 13045 (62 FR 19885, April 23, 1997); be in effect at the time the EPA’s Federal UST program. Where an • Are not significant regulatory approval of the revisions to the South approved state program has provisions actions subject to Executive Order Carolina UST Program addressed in this that are broader in scope than the 13211 (66 FR 28355, May 22, 2001); direct final rule becomes final. If, Federal program, those provisions are • Are not subject to the requirements however, the EPA receives substantive not a part of the federally approved of section 12(d) of the National comment on the proposed rule, this program. As a result, State provisions Technology Transfer and Advancement codification will not take effect and the which are broader in scope than the Act of 1995 (15 U.S.C. 272 note) because State rules that are approved after the Federal program are not incorporated by application of those requirements would EPA considers public comment will be reference for purposes of enforcement in be inconsistent with RCRA; codified instead. By codifying the part 282. See 40 CFR 281.12(a)(3)(ii). In • Do not provide the EPA with the approved South Carolina UST Program addition, provisions that are external to discretionary authority to address, as and by amending the CFR, the public the State UST Program approval appropriate, disproportionate human will more easily be able to discern the requirements, but included in the State health or environmental effects, using status of the federally-approved Application, are also being excluded practicable and legally permissible requirements of the South Carolina UST from incorporation by reference in part methods, under Executive Order 12898 Program. 282. For reference and clarity, 40 CFR (59 FR 7629, February 16, 1994); and
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• Do not apply on any Indian Authority: 42 U.S.C. 6912, 6991c, 6991d, 42 U.S.C. 6991 et seq. The Director of reservation land or in any other area and 6991e. the Federal Register approves this where the EPA or an Indian tribe has ■ 2. Revise § 282.90 to read as follows: incorporation by reference in demonstrated that a tribe has accordance with 5 U.S.C. 552(a) and 1 jurisdiction. The rule does not have § 282.90 South Carolina State- CFR part 51. You may access copies of tribal implications as specified by Administered Program. the South Carolina statutes and Executive Order 13175 (65 FR 67249, (a) History of the approval of South regulations that are incorporated by November 9, 2000), nor will it impose Carolina’s program. The State of South reference in this paragraph (d)(1)(i) from substantial direct costs on tribal Carolina (South Carolina or State) is the South Carolina State Register, 223 governments or preempt tribal law. approved to administer and enforce an Blatt Building, 1105 Pendleton Street, underground storage tank (UST) As required by section 3 of Executive Columbia, South Carolina 29201; Phone program in lieu of the Federal program Order 12988 (61 FR 4729, February 7, number: (803) 212–4500; website: under subtitle I of the Resource 1996), in issuing this rule, the EPA has https://www.scstatehouse.gov/. You Conservation and Recovery Act of 1976 may inspect all approved material at taken the necessary steps to eliminate (RCRA or Act), as amended, 42 U.S.C. drafting errors and ambiguity, minimize EPA Region 4, 61 Forsyth Street SW, 6991 et seq. The State’s Underground Atlanta, Georgia 30303; Phone number: potential litigation, and provide a clear Storage Tank Program (UST Program), legal standard for affected conduct. (404) 562–9900; or the National as administered by the South Carolina Archives and Records Administration The Congressional Review Act, 5 Department of Health and (NARA), email: [email protected], U.S.C. 801 et seq., as added by the Small Environmental Control (DHEC), was website: https://www.archives.gov/ Business Regulatory Enforcement approved by EPA pursuant to 42 U.S.C. federal-register/cfr/ibr-locations.html. Fairness Act of 1996, generally provides 6991c and part 281 of this chapter. EPA (A) ‘‘South Carolina Statutory that before a rule may take effect, the approved the South Carolina UST Requirements Applicable to the agency promulgating the rule must Program on August 28, 2002 and it was Underground Storage Tank Program,’’ submit a rule report, which includes a effective on September 27, 2002. A dated September 9, 2020. copy of the rule, to each House of the subsequent program revision was (B) ‘‘South Carolina Regulatory Congress and to the Comptroller General approved by EPA and became effective Requirements Applicable to the of the United States. The EPA will May 24, 2021. Underground Storage Tank Program,’’ submit a report containing this (b) Enforcement authority. South dated September 9, 2020. document and other required Carolina has primary responsibility for (ii) Legal basis. EPA considered the information to the U.S. Senate, the U.S. administering and enforcing its following statutes and regulations House of Representatives, and the federally approved UST Program. which provide the legal basis for the Comptroller General of the United However, EPA retains the authority to State’s implementation of the UST States prior to publication in the exercise its corrective action, Program, but they are not being Federal Register. A major rule cannot inspection, and enforcement authorities incorporated by reference and do not take effect until 60 days after it is under sections 9003(h), 9005, and 9006 replace Federal authorities: published in the Federal Register. This of subtitle I of RCRA, 42 U.S.C. (A) State Underground Petroleum action is not a ‘‘major rule’’ as defined 6991b(h), 6991d, and 6991e, as well as Environmental Response Bank Act by 5 U.S.C. 804(2). This final action will under any other applicable statutory (SUPERB) of 1988, S.C. Code Ann. be effective May 24, 2021. and regulatory provisions. sections 44–2–10 to 44–2–150 (2010). (1) (c) Retention of program approval. To List of Subjects in 40 CFR Parts 281 and Section 44–2–50(A) and (C) Regulations retain program approval, South Carolina 282 to be promulgated. Insofar as it provides must revise its approved UST Program for the promulgation of regulations for Environmental protection, to adopt new changes to the Federal the implementation, compliance Administrative practice and procedure, subtitle I program which make it more monitoring, and enforcement of the UST Hazardous substances, Incorporation by stringent, in accordance with section Program. reference, Indian country, Petroleum, 9004 of RCRA, 42 U.S.C. 6991c, and 40 (2) Section 44–2–70(B) Financial Reporting and recordkeeping CFR part 281, subpart E. If South responsibility of underground storage requirements, State program approval, Carolina obtains approval for revised tank owners and operators. As to the Underground storage tanks. requirements pursuant to section 9004 first sentence, insofar as it provides for Authority: This action is issued under the of RCRA, 42 U.S.C. 6991c, the newly the promulgation of regulations authority of sections 2002(a), 7004(b), 9004, approved statutory and regulatory specifying financial responsibility 9005, and 9006 of the Solid Waste Disposal provisions will be added to this subpart requirements and for taking corrective Act, as amended, 42 U.S.C. 6912(a), 6974(b), and notice of any change will be action and compensating third parties 6991c, 6991d, and 6991e. published in the Federal Register. for bodily injury and property damage Dated: February 26, 2021. (d) Final approval. South Carolina has caused by accidental releases arising final approval for the following John Blevins, from operating an underground storage elements of its UST Program submitted tank. Acting Regional Administrator, Region 4. to EPA and approved effective (3) Section 44–2–140 Enforcement of For the reasons set forth in the September 27, 2002, and the program chapter or department order, penalties preamble, the EPA is amending 40 CFR revisions approved by EPA effective on for violations. Insofar as it provides for part 282 as follows: May 24, 2021: compliance monitoring and (1) State statutes and regulations—(i) enforcement of the underground storage PART 282—APPROVED Incorporation by reference. The South tank requirements. UNDERGROUND STORAGE TANK Carolina materials cited in this (B) South Carolina Underground PROGRAMS paragraph (d)(1)(i), and listed in Storage Tank Control Regulations, R. appendix A to this part, are 61–92 (2017). (1) Section 280.26, ■ 1. The authority citation for part 282 incorporated by reference as part of the Delivery Prohibitions. Insofar as it continues to read as follows: UST Program under subtitle I of RCRA, identifies specific authorities for
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enforcement response and delivery expenditure of funds from the SUPERB underground storage tank program prohibition requirements. Account. under subtitle I of RCRA, 42 U.S.C. 6991 (2) Section 280.67, Public (7) Section 44–2–115, insofar as it et seq. Participation. Insofar as it identifies regulates eligibility for the SUPERB (5) Memorandum of Agreement. The specific authorities for enabling public Account. Memorandum of Agreement between participation in the corrective action (8) Section 44–2–120, insofar as it EPA Region 4 and the South Carolina process. establishes requirements for site DHEC, signed by the EPA Regional (3) Section 280.301, Violations and rehabilitation contractors. Administrator on October 12, 2018, Penalties. Insofar as it provides for (9) Section 44–2–130, insofar as it though not incorporated by reference, is notice to violators, assessment of establishes criteria for compensation referenced as part of the approved penalties, criminal prosecution, and from the SUPERB Account. underground storage tank program appeals under the SUPERB Act. (10) Section 44–2–150, insofar as it under subtitle I of RCRA, 42 U.S.C. 6991 (4) Section 280.302, Appeals. Insofar establishes provisions for the creation et seq. as it provides for appeal of any and operations of a SUPERB Advisory ■ 3. Amend appendix A to part 282 by determination by DHEC under the Committee. revising the entry for South Carolina to provisions of S.C. Code Ann. Regs. 61– (B) South Carolina Underground read as follows: 72, Procedures for Contested Cases, and Storage Tank Control Regulations, R.61– the State Administrative Procedures 92 (2017). (1) Section 280.10(d), insofar Appendix A to Part 282—State Act. as it requires UST systems to be Requirements Incorporated by (C) SUPERB Site Rehabilitation and permitted or registered with DHEC. Reference in Part 282 of the Code of Fund Access Regulations, R.61–98. (2) Section 280.20, as to the text Federal Regulations Insofar as it contains requirements for ‘‘obtain permits in accordance with * * * * * site rehabilitation for releases from section 280.23 and’’ in the introductory underground storage tanks, access to the paragraph, and the text ‘‘on the Permit South Carolina SUPERB Account, and certification of to Operate application form in (A) The statutory provisions include: site rehabilitation contractors. accordance with Section 280.23’’ in (f), State Underground Petroleum (D) South Carolina Rules of Civil insofar as they require UST systems to Environmental Response Bank Act (SUPERB) be permitted by DHEC. of 1988, S.C. Code Ann. sections 44–2–10 to Procedure, Rule 24(a)(2), Intervention. 44–2–150 (2010): Insofar as it provides for public (3) Sections 280.22(h) and (i), insofar 44–2–10 Short Title. participation in the State enforcement as they require UST systems to be 44–2–20 Definitions. process. registered with DHEC. 44–2–70 Financial responsibility of (iii) Other provisions not incorporated (4) Section 280.23, insofar as it underground storage tank owners and by reference. The following statutory requires UST systems to be permitted by operators; except the first sentence of (B). and regulatory provisions applicable to DHEC. 44–2–80 Release of regulated substance; the South Carolina UST Program are (5) Sections 280.101(b) through (e), containment, removal, and abatement. broader in scope than the Federal insofar as they establish regulations for (B) The regulatory provisions include: South Carolina Underground Storage Tank program or external to the state UST the administration of the State funds. (6) Section 280.240(b), is external Control Regulations, R.61–92 (2017): program approval requirements. 280.10 Applicability, except (d). Therefore, these provisions are not part insofar as it contains obligations on the 280.11 Installation requirements for of the approved UST Program and are State agency, not a regulated entity. partially excluded UST systems. not incorporated by reference herein: (7) Section 280.300, insofar as it gives 280.12 Definitions. (A) State Underground Petroleum DHEC broad authority to grant variances 280.20 Performance standards for new Environmental Response Bank Act that may be beyond the scope of that UST systems, except for the text ‘‘obtain (SUPERB) of 1988, S.C. Code Ann. allowed by the Memorandum of permits in accordance with section 280.23 Agreement between DHEC and EPA. and’’ in the introductory paragraph, and the sections 44–2–10 to 44–2–150 (2010). text ‘‘on the Permit to Operate application (1) Section 44–2–40, insofar as it (2) Statement of legal authority. The Attorney General’s Statement and form in accordance with Section 280.23’’ in provides for the creation of a SUPERB (f). Account and SUPERB Financial Statement of Independent Legal 280.21 Upgrading of Existing UST Responsibility Fund (collectively, ‘‘State Counsel, signed by DHEC’s General systems. funds’’), and establishes criteria for Counsel in lieu of the Attorney General 280.22 Notification requirements, except accessing the funds. on March 27, 2019, though not (h) and (i). (2) Section 44–2–50(B), is external incorporated by reference, is referenced 280.24 Testing. insofar as it contains obligations on the as part of the approved underground 280.25 Secondary containment required. State agency, not a regulated entity. storage tank program under subtitle I of 280.30 Spill and overfill control. RCRA, 42 U.S.C. 6991 et seq. 280.31 Operation and maintenance of (3) Section 44–2–60, insofar as it corrosion protection. requires registration, beyond the Federal (3) Demonstration of procedures for 280.32 Compatibility. notification requirements, and the adequate enforcement. The 280.33 Repairs allowed. payment of registration fees for ‘‘Demonstration of Adequate 280.34 Reporting and recordkeeping. underground storage tanks. Enforcement Procedures’’ submitted on 280.35 Periodic testing of spill prevention (4) Section 44–2–75, insofar as it April 16, 2019, though not incorporated equipment and containment sumps used for provides for a means of establishing by reference, is referenced as part of the interstitial monitoring of piping and periodic insurance pools to demonstrate approved underground storage tank inspection of overfill prevention equipment. financial responsibility. program under subtitle I of RCRA, 42 280.36 Periodic operation and (5) Section 44–2–90, insofar as it U.S.C. 6991 et seq. maintenance walkthrough inspections. 280.40 General requirements for all UST refers to interest collected on State (4) Program description. The program systems. funds and the sunset date of the description and any other material 280.41 Requirements for petroleum UST environmental impact fee. submitted on April 16, 2019, though not systems. (6) Section 44–2–110, insofar as it incorporated by reference, are 280.42 Requirements for hazardous establishes criteria for qualified referenced as part of the approved substance UST systems.
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280.43 Methods of release detection for 280.230 Operating an underground ADDRESSES: This final rule is available tanks. storage tank or underground storage tank on http://www.regulations.gov at Docket 280.44 Methods of release detection for system. No. FWS–R1–ES–2018–0033 and on our piping. 280.240 General requirement for all UST website at https://ecos.fws.gov/ecp0/ 280.45 Release detection recordkeeping. systems, except (b). 280.50 Reporting of suspected releases. 280.241 Designation of Class A, B, and C profile/speciesProfile?spcode=B002. 280.51 Investigation due to off-site operators. Comments and materials we received, as impacts. 280.242 Requirements for operator well as supporting documentation we 280.52 Release investigation and training. used in preparing this rule, are also confirmation steps. 280.243 Timing of operator training. available for public inspection at http:// 280.53 Reporting and cleanup of spills 280.244 Retraining. www.regulations.gov. Persons who use a and overfills. 280.245 Documentation. telecommunications device for the deaf 280.250 Definitions. 280.60 General. (TDD) may call the Federal Relay 280.61 Initial response. 280.251 General Requirements. 280.62 Initial abatement measures and 280.252 Additions, exceptions, and Service at 1–800–877–8339. site check. alternatives for UST systems with field- FOR FURTHER INFORMATION CONTACT: 280.63 Initial site characterization. constructed tanks and airport hydrant Jesse D’Elia, Pacific Regional Office, 280.64 Free product removal. systems. U.S. Fish and Wildlife Service, 280.65 Investigations for soil and ground- (C) Copies of the South Carolina statutes Ecological Services, 911 NE 11th Ave., and regulations that are incorporated by water cleanup. Portland, OR 97232; telephone 503– 280.66 Corrective action plan. reference are available from the South 280.70 Temporary closure. Carolina State Register, 223 Blatt Building, 231–6131. Persons who use a 280.71 Permanent closure and changes- 1105 Pendleton Street, Columbia, South telecommunications device for the deaf in-service. Carolina 29201; Phone number: (803) 212– (TDD) may call the Federal Relay 280.72 Assessing the site at closure or 4500; website: https://www.scstatehouse.gov/. Service at 1–800–877–8339. change-in-service. [FR Doc. 2021–05422 Filed 3–23–21; 8:45 am] SUPPLEMENTARY INFORMATION: 280.73 Applicability to previously closed BILLING CODE 6560–50–P UST systems. Executive Summary 280.74 Closure records. Why we need to publish a rule. Under 280.90 Applicability. the Endangered Species Act, a 280.91 Compliance dates. DEPARTMENT OF THE INTERIOR 280.92 Definition of terms. population of a threatened or 280.93 Amount and scope of required Fish and Wildlife Service endangered species may be designated financial responsibility. as an experimental population prior to 280.94 Allowable mechanisms and 50 CFR Part 17 its reintroduction. Experimental combinations of mechanisms. [Docket No. FWS–R1–ES–2018–0033; populations can only be designated by 280.95 Financial test of self-assurance. FXES111300000900000 178 FF09E42000] issuing a rule. 280.96 Guarantee. What this document does. This rule 280.97 Insurance and risk retention group RIN 1018–BC65 will designate California condors coverage. (Gymnogyps californianus) reintroduced 280.98 Surety Bond. Endangered and Threatened Wildlife 280.99 Letter of credit. and Plants; Establishment of a to the Pacific Northwest as a 280.100 Use of state-required mechanism Nonessential Experimental Population nonessential experimental population [Reserved]. of the California Condor in the Pacific on the List of Endangered and 280.101 State fund or other state Northwest Threatened Wildlife in title 50 of the assurance, except (b) through (e). Code of Federal Regulations at 50 CFR 280.102 Trust Fund. AGENCY: Fish and Wildlife Service, 17.11(h) with a rule issued under 280.103 Standby trust fund. Interior. section 10(j) of the Act (hereafter 280.104 Local government bond rating ACTION: Final rule. referred to as a ‘‘10(j) rule’’) at 50 CFR test. 17.84. 280.105 Local government financial test. SUMMARY: We, the U.S. Fish and 280.106 Local government guarantee. The basis for our action. Based on the Wildlife Service (Service or USFWS), best scientific and commercial data 280.107 Local government fund. are establishing a nonessential 280.108 Substitution of financial available (in accordance with 50 CFR assurance mechanisms by owner or operator. experimental population (NEP) of the 17.81), we find that releasing the 280.109 Cancellation or non-renewal by a California condor (Gymnogyps California condors into the Pacific provider of financial assurance. californianus) in the Pacific Northwest, Northwest, with the regulatory 280.110 Reporting by owner or operator. under section 10(j) of the Endangered provisions in this final rulemaking, will 280.111 Recordkeeping. Species Act of 1973, as amended (Act). further the conservation of the species. 280.112 Drawing on financial assurance Establishment of this NEP will facilitate The nonessential experimental mechanisms. reintroduction of California condors to 280.113 Release from the requirements. population status is appropriate for the the region and provide for allowable reintroduced population because we 280.114 Bankruptcy or other incapacity legal incidental taking of the California of owner or operator or provider of financial have determined that it is not essential assurance. condor within a defined NEP area. The to the continued existence of the species 280.115 Replenishment of guarantees, geographic boundaries of the NEP in the wild. letters of credit, or surety bonds. include northern California, northwest In making our finding that this action 280.116 Suspension of enforcement Nevada, and Oregon. The best available will further the conservation of the [Reserved]. data indicate that reintroduction of the species, we evaluate any possible 280.200 Definitions. California condor into the Pacific adverse effects on extant California 280.210 Participation in management. Northwest is biologically feasible and 280.220 Ownership of an underground condor populations, the likelihood that will promote the conservation of the any such experimental population will storage tank or underground storage tank species. system or facility or property on which an become established and survive in the underground storage tank or underground DATES: This final rule is effective April foreseeable future, the relative effects storage tank system is located. 23, 2021. that establishment of an experimental
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population will have on the recovery of section 10(j) of the Act and our (2) A finding, based solely on the best the species, and the extent to which the regulations in title 50 of the Code of scientific and commercial data reintroduced population may be Federal Regulations (at 50 CFR 17.81), available, and the supporting factual affected by existing or anticipated the Service may designate as an basis, on whether the experimental Federal or State actions or private experimental population a population of population is, or is not, essential to the activities within or adjacent to the endangered or threatened species that continued existence of the species in the experimental population area. This rule has been or will be released into wild (see Is the Experimental also identifies the boundaries of the suitable natural habitat outside the Population Essential or Nonessential?, experimental population, explains our species’ current natural range (but below); rationale for why the population is not within its probable historic range, (3) Management restrictions, essential to the continued existence of absent a finding by the Director of the protective measures, or other special the species in the wild, describes Service in the extreme case that the management concerns of that management restrictions, protective primary habitat of the species has been population, which may include but are measures, or other special management unsuitably and irreversibly altered or not limited to, measures to isolate and/ concerns of that population, and destroyed). or contain the experimental population explains a process for periodic review Before authorizing the release as an designated in the regulation from and evaluation of the success or failure experimental population (including natural populations (see Management, of the release and the effect of the eggs, propagules, or individuals) of an below); and release on the conservation and endangered or threatened species, and (4) A process for periodic review and recovery of the species. In June 2016, a before authorizing any necessary evaluation of the success or failure of Memorandum of Understanding (MOU) transportation to conduct the release, the release and the effect of the release was finalized to assess the potential to the Service must find by regulation that on the conservation and recovery of the recover California condors in the Pacific such release will further the species (see Monitoring and Evaluation, Northwest and to work to seek funding conservation of the species. 50 CFR below). Under 50 CFR 17.81(d), the Service to support that effort if it proved 17.81(b). In making such a finding the must consult with appropriate State fish feasible. The MOU currently has 16 Service uses the best scientific and and wildlife agencies, local signatories. commercial data available to consider: Peer review and public comment. We governmental entities, affected Federal (1) Any possible adverse effects on agencies, and affected private sought comments from three objective extant populations of a species as a and independent specialists (and landowners in developing and result of removal of individuals, eggs, or implementing experimental population received two responses) to ensure that propagules for introduction elsewhere our findings are based on scientifically rules. To the maximum extent (see Donor Stock Assessment and practicable, 10(j) rules represent an sound data, assumptions, and analyses. Effects on Donor Population, below); As directed by the Service’s Peer agreement between the FWS, the (2) The likelihood that any such Review Policy dated July 1, 1994 (59 FR affected State and Federal agencies, and experimental population will become 34270) and a recent memo updating the persons holding any interest in land that established and survive in the peer review policy for listing and may be affected by the establishment of foreseeable future (see Likelihood of recovery actions (August 22, 2016), we an experimental population. Population Establishment and Survival invited these peer reviewers to comment Under 50 CFR 17.81(f), the Secretary and Addressing Causes of Extirpation, on our proposal. We also considered all may designate critical habitat as defined below); comments and information received in section 3(5)(A) of the Act for an (3) The relative effects that during the public comment period. All essential experimental population. No establishment of an experimental comments received during the peer designation of critical habitat will be population will have on the recovery of review process and the public comment made for nonessential populations. In the species (see Relationship of NEP to period have either been incorporated those situations where a portion or all Recovery Efforts, below); and throughout this rule or addressed below of an essential experimental population (4) The extent to which the in Summary of Comments and overlaps with a natural population of introduced population may be affected Recommendations. the species during certain periods of the by existing or anticipated Federal or year, no critical habitat will be Background State actions or private activities within designated for the area of overlap unless On April 5, 2019, we published in the or adjacent to the experimental implemented as a revision to critical Federal Register a proposed rule to population area (see Likelihood of habitat of the natural population for establish a nonessential experimental Population Establishment and Survival, reasons unrelated to the overlap itself. population of the California condor in below; National Park Service (NPS) Any population determined by the the Pacific Northwest (84 FR 13587). 2018, entire). Secretary to be an experimental The comment period on the proposed Further, as set forth in 50 CFR population will be treated as if it were rule was open for 60 days, through June 17.81(c), all regulations designating listed as a threatened species for 4, 2019. Comments on the proposed rule experimental populations under section purposes of establishing protective are addressed below under Summary of 10(j) must provide: regulations with respect to that Comments and Recommendations. (1) Appropriate means to identify the population. The protective regulations experimental population, including, but adopted for an experimental population Statutory and Regulatory Framework not limited to, its actual or proposed will contain applicable prohibitions, as The 1982 amendments to the location, actual or anticipated appropriate, and exceptions for that Endangered Species Act of 1973 (ESA or migration, number of specimens population. 50 CFR 17.82. Act; 16 U.S.C. 1531 et seq.) included the released or to be released, and other Any experimental population addition of section 10(j), which allows criteria appropriate to identify the designated for a listed species (1) for the designation of reintroduced experimental population(s) (see determined not to be essential to the populations of listed species as Location and Boundaries of the NEP, survival of that species and (2) not ‘‘experimental populations.’’ Under below); occurring within the National Park
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System or the National Wildlife Refuge CDFW to evaluate the final rule, and By the time individuals are 5 or 6 years System will be treated for purposes of exempt take associated with the rule if of age, they are essentially section 7 (other than paragraph (a)(1) the Director finds the Service’s final rule indistinguishable from adults, but full thereof) as a species proposed to be would further the conservation of the development of the adult wing patterns listed under the Act as a threatened species. may not be completed until 7 or 8 years species. 50 CFR 17.83(a). If we are compelled, through court of age (Snyder and Snyder 2000, pp. 15, Any experimental population order or other means, to change the 17; Finkelstein et al. 2015, Appearance). designated for a listed species that California condor’s NEP status to As obligate scavengers (i.e., relying either (1) has been determined to be essential, threatened, or endangered, entirely on dead animals for food), essential to the survival of that species FWS would meet with the parties to the California condors have a number of or (2) occurs within the National Park 2016 MOU to discuss options on how to physical and physiological adaptations System or the National Wildlife Refuge proceed, including the option of that accommodate their highly System as now or hereafter constituted attempting to capture and relocate all specialized diet, including: (1) Large will be treated for purposes of section 7 condors in the wild within the NEP. We size, which is important for maintaining of the Act as a threatened species. would make a fact-specific assessment low-energy soaring flight, and enduring Notwithstanding the foregoing, any of how to proceed based on the long periods without food; (2) excellent biological opinion prepared pursuant to information at that time, including eyesight, which helps condors section 7(b) of the Act and any agency whether there was general agreement efficiently find food; (3) hooked bills determination made pursuant to section from the MOU partners that the condors and long necks, which allow condors to 7(a) of the Act will consider any should remain in the wild. Changes in access muscle tissue deep within a experimental and nonexperimental the legal status and/or removal of this carcass and to rip pieces of meat from populations to constitute a single listed population of California condors will be a carcass; and (4) resistance to bacterial species for the purposes of conducting made in compliance with any toxins, which is necessary for species the analyses under such sections. 50 applicable Federal rulemaking and other that rely on carcasses (Snyder and CFR 17.83(b). procedures. Snyder 2005, pp. 7–31). Legal Status Biological Information Historical Range We listed the California condor as an Species Description During the Pleistocene Epoch, the endangered species under the California condor was broadly Endangered Species Preservation Act of The California condor is one of seven distributed in North America from 1966 (ESPA) on March 11, 1967 (32 FR New World vultures in the Cathartidae southern British Columbia to Baja 4001, March 11, 1967). This list was family and the only extant species in the California, and eastward throughout the later codified in part 17 of title 50 in the genus Gymnogyps (Amadon 1977, pp. southern United States and northern U.S. Code of Federal Regulations (35 FR 413–414; Johnson et al. 2016, pp. 193, Mexico to Florida (Koford 1953, p. 7; 16048, October 13, 1970). With the 197). It is the largest of the North Brodkorb 1964, pp. 253–254; Messing passage of the Endangered Species Act American vultures and the largest 1986, pp. 284–285; Steadman and Miller of 1973 (ESA), those species previously soaring land bird on the continent with 1987, p. 423; Snyder and Snyder 2005, listed in the Code of Federal Regulations a wingspan of approximately 9.5 feet (ft) p. 6; D’Elia and Haig 2013, p. 17). The were directly incorporated into the Lists (2.9 meters (m)) (Koford 1953, p. 3; extent of its distribution along the east of Endangered and Threatened Wildlife Finkelstein et al. 2015, Introduction, coast of North America during the late and Plants under the ESA, found at 50 Appearance). Males weigh slightly more Pleistocene also extended to the boreal CFR 17.11 and 17.12. In October 1996, than females (average weight of 19.4 forests of upstate New York (Steadman we designated a nonessential pounds (lb) (8.8 kilograms (kg)) for and Miller 1987, pp. 416–423). The experimental population of the males and 17.9 lb (8.1 kg) for females) disappearance of the California condor California condor in portions of and have slightly higher wing loading, from its prehistoric range in North northern Arizona, southern Utah, and but otherwise there are no obvious America east of the Rocky Mountains southern Nevada (61 FR 54044, October differences in coloration or morphology occurred about 10,000–11,000 years ago 16, 1996). Therefore, the California between the sexes (Finkelstein et al. coinciding with the late-Pleistocene condor is currently listed as an 2015, Appearance). California condors extinction of the North American endangered species wherever it is exhibit age-related coloration changes megafauna (Emslie 1987, pp. 768–770; found, except in portions of northern (Koford 1953, p. 5; Snyder and Snyder Steadman and Miller 1987, pp. 422– Arizona, southern Utah, and southern 2000, pp. 14–19). Adults have black 425). Analysis of stable isotopes in bone Nevada, where it is considered a feathers except for prominent white collagen suggests that the California nonessential experimental population. underwing linings and edges of the condor’s persistence along the Pacific The California condor is protected by upper secondary coverts. The head and coast at the end of the Pleistocene was the State of California under both the neck of adults are mostly naked and at least partially due to the availability State Endangered Species Act and the range in color from yellowish to reddish of marine-derived carrion (Chamberlain California Fish and Game Code as a orange on the head to gray, yellow, et al. 2005, p. 16710; Fox-Dobbs et al. Fully Protected species. It is also listed orange, and red on the neck (Koford 2006, p. 688). as a Sensitive Species under California 1953, pp. 4–5). The heads of juveniles Historical observations of California Forest Practice Rules. In September of up to 3 years old are grayish-black, and condors indicate that they were 2018, the State of California passed their wing linings are variously mottled widespread and locally abundant from legislation that allows the California or completely dark (Koford 1953, p. 5; southern British Columbia, Canada, to Department of Fish and Wildlife Snyder and Snyder 2000, pp. 14–19). Baja California, Mexico, during Euro- (CDFW) to consider the content of any During the third year, the head develops American colonization (Koford 1953, final rules under section 10(j) of the yellow coloration, and the dark juvenile pp. 8–19; Wilbur 1978, pp. 13, 72–85; Federal Endangered Species Act for the underwing linings are gradually Snyder and Snyder 2005, pp. 4–5; D’Elia California condor. This legislation replaced with white adult feathers and Haig 2013, pp. 38–59). At that time (AB2640) allows the Director of the (Snyder and Snyder 2000, pp. 15, 17). they were apparently restricted to the
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area west of the Rocky Mountains, with we returned them all to captivity in Habitat Use and Movement Ecology most observations occurring from the early 1995 (Snyder and Snyder 2000, Along with our conservation partners, Cascade Mountains and Sierra Nevada pp. 344–345). We reinitiated releases of we have reintroduced California to the coast (Snyder and Snyder 2000, captive-reared and formerly wild condors to a variety of habitats, p. 12; D’Elia and Haig 2013, pp. 38–59). California condors in southern including coastal mountains, old-growth California condor population declines California in 1995, and additional forests, desert cliffs, and temperate and range contractions were concurrent release sites were established in montane shrublands and grasslands. with Euro-American settlement of the northern Arizona in 1996, central Within these habitats they can have West, with condors disappearing from California near Big Sur in 1997, Sierra enormous home ranges (Meretsky and the Pacific Northwest in the early 1900s de San Pedro Ma´rtir in Baja California, Snyder 1992, p. 321; Hunt et al. 2007, (D’Elia and Haig 2013, pp. 58–59), and Mexico, in 2002, Pinnacles National pp. 84–87; Romo et al. 2012, pp. 43–47; from Baja California by the end of the Park (formerly Pinnacles National Rivers et al. 2014a, pp. 496–498) and 1930s (Wilbur and Kiff 1980, entire). By Monument) in 2003, and in the often use different portions of their the middle of the 20th century, the mountains near San Simeon, California, range for nesting and foraging (Meretsky species was reduced to about 150 in 2015. Currently, these release sites and Snyder 1992, p. 329; Snyder and individuals limited to the mountains of comprise four general release areas Snyder 2000, pp. 140–147; D’Elia et al. southern California (Snyder and Snyder (central California, southern California, 2015, p. 96). Estimates of home range 2000, pp. 81–82), and at the time we Baja California, and Arizona/Utah) in size varied among release sites (95 formally classified them as an three condor populations (a population percent confidence intervals for endangered species in 1967, the in central and southern California— southern California: 173,295–282,760 population had further declined to an where individuals from each release acres (ac) (70,130–114,429 hectares estimated 60 condors (Snyder and area occasionally intermingle—and (ha)); Pinnacles National Park: 86,825– Snyder 2000, pp. 82–83). Most probable independent populations in northern 174,266 ac (35,137–70,523 ha); and Big causes of their historical decline Arizona/southern Utah and Baja include: (1) Secondary poisoning from Sur: 42,613–90,495 ac (17,245–36,622 California). The California condor is predator removal campaigns, (2) direct ha)), probably as a result of geography, currently absent from the northern persecution, and (3) lead poisoning from food availability (Rivers et al. 2014a, pp. portion of its historical range and spent ammunition that fragmented in 496–497, 500), years since the release remains reliant on the release of captive- animals condors later fed upon (D’Elia program started, and flock size (Bakker and Haig 2013, pp. 77–122). bred individuals for population growth et al. 2017, p. 100). (USFWS 2013, p. 14). Nesting habitat is generally Captive Breeding, Reintroduction As of December 2019, there were 337 characterized by steep, rugged terrain Efforts, and Current Range California condors in the wild, divided (Wilbur 1978, p. 7; Snyder and Snyder Due to concerns over the few among the four release areas: Central 2000, p. 18; D’Elia et al. 2015, pp. 94– remaining California condors and the and southern California (200 condors); 95). Within these areas, nests have been population’s continued downward northern Arizona and southern Utah (98 documented in various types of rock trend, beginning in 1983, we took all condors); and the Sierra de San Pedro formations including crevices, overhung condor eggs from the wild to the San Ma´rtir release site in Baja California (39 ledges, potholes, and in cavities or Diego Wild Animal Park and Los condors) (USFWS 2019a, p. 1). There broken tops of giant sequoia (Sequoia Angeles Zoo for artificial incubation to were also 181 California condors in giganteus) (Snyder et al. 1986, pp. 235– form a captive flock (Snyder and captivity (USFWS 2019a, p. 1) 236) or coast redwood (Sequoia sempervirens) trees (Burnett et al. 2013, Hamber 1985, p. 378; Snyder and distributed among release sites, zoos, pp. 478–479). Breeding adults segregate Snyder 2000, pp. 278–293). By taking all and four captive-breeding facilities in themselves into nesting territories, wild eggs and inducing multiple the United States. Breeding facilities rarely crossing into the nesting clutches and annual nesting, the include the Peregrine Fund’s World territories of other California condors productivity of the population was Center for Birds of Prey, the Oregon (Finkelstein et al. 2015, Behavior). increased several-fold, allowing the Zoo’s Jonsson Center for Wildlife California condors will generally use the captive population to grow rapidly Conservation, the Los Angeles Zoo, and same nesting territory in successive (Snyder and Hamber 1985, p. 378). the San Diego Zoo’s Safari Park. However, with the sudden loss of years as long as pairs remain intact, but several wild California condors in 1984 Despite population growth, the total will often switch nesting sites within and 1985, it became necessary for us to number of wild California condors is that territory, regardless of whether they capture the remaining wild individuals still relatively small and the species fail or succeed in their nesting efforts to ensure the genetic viability of the requires intensive management for (Snyder et al. 1986, p. 236). species and enhance the chances of the survival, including: (1) Monitoring a California condors roost communally captive-breeding program’s success large proportion of condors in the wild along rocky outcrops, steep canyons, (Snyder and Snyder 2000, pp. 298–304). to track resource use, identify and in tall trees or snags near foraging By 1987, the California condor existed behavioral problems, and detect grounds, water sources, and nests only in captivity, having suffered a mortalities; (2) biannual trapping for (Koford 1953, pp. 35–36; Snyder and severe population bottleneck and loss of health screening, to test blood samples Snyder 2000, p. 167). California condors genetic diversity (Ralls and Ballou 2004, for lead, inoculate for West Nile virus, select roosts that offer winds or thermals p. 225; D’Elia et al. 2016, pp. 707–708). and to attach or replace wing tags and favorable for soaring flight (Poessel et al. Thus, the conservation of the species transmitters; (3) taking injured or 2018, pp. 48–50), good peripheral was dependent upon captive breeding poisoned condors back into captivity visibility, where there is a long and releases back into the wild. temporarily to administer treatment; unobstructed space for taking off We first released captive-reared and (4) nest observations and downhill and for approaching the roost California condors in 1992 in southern interventions to maximize productivity in flight, and areas where there is some California, but because of behavioral in the wild (Walters et al. 2010, pp. 972, protection from high winds (Koford problems exhibited by these individuals 976, 982–984; USFWS 2017, pp. 5–19). 1953, pp. 35–36). There may be trade-
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offs for condors between these factors telemetry data are now revealing that 2000, p. 19). Feeding, via regurgitation, and selecting roosts that provide California condors in southern usually occurs daily for the first 2 protection from predators (Poessel et al. California are beginning to regularly months, then gradually diminishes in 2018, pp. 48–50). While at a roost, travel 93–124 mi (150–200 km) away frequency (Snyder and Snyder 2000, p. condors devote considerable time to from core use areas (USFWS 197). As early as 6 weeks after hatching, preening, sunning, and other unpublished data). As the populations California condor chicks leave the nest maintenance activities (Snyder and continue to grow, the number of long- cavity but remain in the vicinity of the Snyder 2000, p. 24). distance flights is likely to increase. nest where they are fed by their parents California condors are obligate To date, nests have been concentrated (Snyder and Snyder 2000, p. 201). The scavengers and obligate soaring birds, in a relatively limited area around chick takes its first flight at about 5.5 to making them reliant on the availability release sites when compared to 6 months of age but does not become of sufficient food resources and upward exceptional flight distances. The farthest fully independent of its parents until air movement (Ruxton and Houston nest documented from release sites in 2004, p. 434, Poessel et al. 2018, pp. 36– each release area is approximately 47 mi the following year (Snyder and Snyder 37). Foraging habitats generally have (76 km) in central California, 57 mi (92 2000, pp. 201–202). Parents high landscape productivity, moderate km) in southern California, 62 mi (100 occasionally continue to feed a fledgling to steep slopes, sparse vegetation, and km) in Arizona/Utah, and 15 mi (24 km) even after it has begun to make longer updrafts necessary to keep California in Baja California. We expect that as flights to foraging grounds (Koford 1953, condors aloft (Rivers et al. 2014b, pp. 7– flock size grows the population will p. 103; Snyder and Snyder 2000, pp. 9; D’Elia et al. 2015, p. 96). In coastal continue to expand and nest sites will 202–203). areas condors show strong selection for eventually be located farther from Because of the long period of parental beaches, likely because of the relative release sites. care, it was formerly assumed that abundance of marine mammal carcasses Seasonal shifts in movements to successful California condor pairs (Rivers et al. 2014b, p. 8). A feature of foraging grounds occur with changes in normally nested every other year carrion is that dead animals are highly food availability, and perhaps as a result (Koford 1953, pp. 22–23). However, this dispersed and ephemeral (Ruxton and of social factors (e.g., traditional pattern can vary, depending mostly on Houston 2004, p. 433). This exclusive movements) (Meretsky and Snyder the time of year that the nestling fledges. 1992, p. 328; Snyder and Snyder 2000, food resource has resulted in If a nestling fledges relatively early (in pp. 145–147; Hunt et al. 2007, pp. 85– evolutionary pressure for condors to be late summer or early fall), its parents large, obligate soaring birds that forage 87). There are also seasonal changes in can nest again in the following year, but socially (Ruxton and Houston 2004, p. home range, with larger home ranges in late fledging may inhibit nesting in the 433). Social foraging means the late summer and fall compared to late population is particularly susceptible to fall and early winter (Rivers et al. 2014a, following year (Snyder and Hamber contaminated food resources, as a pp. 497, 499). 1985, pp. 377–378; Snyder and Snyder 2000, p. 19). contaminated carcass can poison a large Life Cycle number of individuals in a single Once independent, juvenile California feeding (Green et al. 2004, pp. 796–800; Breeding California condors form condors often associate with one Green et al. 2008, pp. 6–9; Finkelstein pairs in late fall or early winter and visit another on the foraging grounds and et al. 2012, p. 11453; D’Elia and Haig various potential nest sites within their join adults and other juveniles at 2013, p. 87). nesting territory in January and communal roosts (Finkelstein et al. As birds with a large wingspan that February (Finkelstein et al. 2015, 2015, Breeding). In a study of the use soaring and gliding flight, California Breeding). Once pairs are formed they remnant wild population in southern condors can move long distances while tend to stay together year-round for California (1982–1987), Meretsky and expending minimal energy (see multiple years until one member of the Snyder (1992, pp. 324–325; 329–330) Pennycuick 1969, pp. 542–545; Ruxton pair dies (Snyder and Snyder 2000, p. found that California condors in their 19). However, the death of one member and Houston 2004, p. 435; Horvitz et al. first 2 years after fledging were generally of a pair can trigger a chain reaction 2014, pp. 676–678). Examples of limited to natal nest areas and adjacent with multiple pairs switching mates. exceptional flight distances include: foraging areas. Older juveniles would This situation can occur because each California condor movements between forage more widely, but it was not until the central and southern California California condor that loses its mate age 4 or 5 that condors visited virtually flocks—a distance of approximately 150 represents a potentially more desirable all foraging and nesting areas within a miles (mi) (241 kilometers (km)) (e.g., mate to individuals of lower rank in the given population. However, more recent USFWS 2017, pp. 20–21); a condor social hierarchy of the flock. Breeding data from the reintroduced populations released at Pinnacles National Park California condors lay a single egg flying to the southern Sierra Nevada and between late January and early April show that fledglings under 1 year of age back—a one-way distance of (Finkelstein et al. 2015, Breeding). The can be fully integrated into the flock, approximately 249 mi (400 km) egg is incubated by both parents and foraging hundreds of miles from natal or (USFWS, unpublished data); a condor hatches after approximately 53–60 days release areas and by 2 years of age some released in the Sierra de San Pedro (Snyder and Snyder 2000, p. 19). individuals have demonstrated the Ma´rtir in Baja California, Mexico, California condor pairs that lose their ability to cover the flock’s entire range traveling north to San Diego County, a egg early in the breeding season (USFWS, unpublished data). This distance of approximately 140 mi (225 (February through mid-April) will difference between the remnant wild km) (Romo et al. 2012, p. 44); and generally lay a replacement egg (Snyder population in the 1980s and the current observations of condors released in and Hamber 1985, p. 377). When a population is likely a product of the northern Arizona traveling to southern replacement egg is lost, it has larger size of the current population, Wyoming, Colorado, and New Mexico, occasionally been followed by a third and the larger number of older at distances of approximately 340 mi egg (Finkelstein et al. 2015, Breeding). California condors that are available to (547 km), 400 mi (643 km), and 325 mi Both parents share responsibilities for serve as mentors to recently fledged (523 km), respectively. In addition, GPS feeding the nestling (Snyder and Snyder condors.
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Demography and Threats 9; Finkelstein et al. 2012, pp. 11452– historical range (see Captive Breeding California condors are long-lived 11453). and Reintroduction Efforts, above). birds. In captivity, they can live more Several laws and voluntary programs Recovery criteria for removing the than 50 years. Average age of first to reduce the threat from lead California condor from the endangered breeding is 8 years and 6 months for ammunition have been enacted. The species list were not provided in the State of California instituted a females and 9 years and 10 months for 1996 revision to the recovery plan, as its restriction on the use of lead males (Mace 2017, pp. 240, 243). The primary focus was keeping the species ammunition for hunting within the oldest known breeding female was 38 from going extinct. At the time the 1996 range of the California condor in years old (Mace 2017, p. 239). revised recovery plan was written, there Slow maturation and low southern and central California in July were only 17 California condors in the reproductive rates in California condors 2008 (Ridley-Tree Condor Preservation wild (USFWS 1996, p. 9) and we could mean that low mortality rates are Act 2008, entire). The geographic and not anticipate at that time all actions regulatory scope of this restriction was necessary for populations to be stable or that would be necessary for full expanded with Assembly Bill 711 to grow (Mertz 1971, p. 448; Verner recovery. We recently clarified why it (AB711) that was signed into law in 1978, pp. 19–21; Meretsky et al. 2000, remains impracticable to incorporate October 2013. AB711 amended section pp. 960–961). Demographic models delisting criteria for the California 3004.5 of the California Fish and Game indicate that annual adult mortality condor in the recovery plan (USFWS Code, relating to hunting. The law, rates certainly must average <10 percent 2019b). The overall strategy for recovery which restricts the use of lead annually to achieve stable or increasing outlined in the 1996 recovery plan was ammunition for taking wildlife, has to focus on: (1) Increasing reproduction populations (Verner 1978, pp. 19–21; been phased in; the final phase, which in captivity to provide condors for Meretsky et al. 2000, p. 961), and likely went into effect in July 2019, enacted a release, (2) the release of condors to the need to be <5 percent (Meretsky et al. State-wide ban of lead ammunition for wild, (3) minimizing condor mortality 2000, p. 961; Cade 2007, p. 2129; Woods all take of wildlife. Nevada also has a rates, (4) maintaining habitat for condor et al. 2007, p. 65; Walters et al. 2010, p. regulation mandating the use of recovery, and (5) implementing condor 974). Estimates of mortality rates in the nontoxic shot on all Nevada Wildlife information and education programs first decade of the release program in Management Areas (NAC 503.183). In (USFWS 1996, p. 21). While the California and Arizona—when addition to these laws and regulations, recovery plan did not have delisting individuals treated for lead poisoning voluntary lead-reduction programs are criteria, it included as criteria for were considered mortalities—were in place in California, Oregon, Nevada, reclassifying (or downlisting) to a between 17–35 percent, greatly Arizona, and Utah. While these threatened species an objective of exceeding the mortality rates needed for voluntary programs vary by State, establishing at least two, preferably a self-sustaining stable population actions under these programs have more, self-sustaining disjunct wild (Meretsky et al. 2000, p. 963). Currently, included: (1) Surveys to understand populations in order to reduce the risks populations in the wild are only viable attitudes toward lead reduction; (2) to the overall population and to as a result of augmentation through outreach to hunters at sportsman shows, facilitate genetic and demographic ongoing captive-breeding and release hunter education classes, and in the management (USFWS 1996, p. 24). efforts, in concert with intensive field; (3) coordination with hunter The 1996 revised recovery plan does monitoring and management to reduce constituency groups; and (4) targeted not provide specific recovery targets or mortality (Green et al. 2008; Finkelstein vouchers for free non-lead ammunition actions for the Pacific Northwest, but et al. 2012, p. 11452; USFWS 2013, pp. (Sieg et al. 2009, pp. 344–345; Chase our 1980 recovery plan recommended 27–30). and Rabe 2015, pp. 2–3; AGFD 2017, surveys of Oregon, Washington, and The primary threat to the viability of web page, UDWR 2017, web page, California to identify potential habitat the California condor is lead poisoning ODFW 2017, web page; for future releases into unoccupied from spent ammunition left in gut-piles Huntingwithnonlead.org 2017, web portions of the historical range (USFWS or carcasses of animals that condors page; nonleadpartnership.org, web 1980, p. 50). Recent habitat modeling feed upon (Meretsky et al. 2000, p. 963; page). has revealed large areas of potentially Church et al. 2006, p. 6148; Cade 2007, Other threats to California condors suitable nesting, roosting, and feeding entire; Woods et al. 2007, pp. 73–75; include: Rangeland conversion, wind habitats in the Pacific Northwest (D’Elia Green et al. 2008, p. 9; Walters et al. energy development, collision with and et al. 2015, pp. 95–96). Although criteria 2010, pp. 993–994; Finkelstein et al. electrocution from powerlines, for full recovery were not provided in 2012, pp. 11452–11453; Rideout et al. predation, disease, inadequacy of our latest recovery plan revision 2012, pp. 108–109; Kelly et al. 2015, pp. existing regulatory mechanisms, (USFWS 1996, entire), increasing the 395–398; Bakker et al. 2017, pp. 101– shooting, microtrash ingestion, global population of the California 103). Without intensive management of pesticides, and habituation to humans. condor and expanding its geographic the impacts from this threat, which A full description of these threats, and distribution among the ecosystems it includes periodic trapping for health efforts to abate them, are provided in once occupied are, on first principles, exams, monitoring blood lead levels, our most recent status review for the consistent with efforts to recover the and treatment if necessary, the wild California condor (USFWS 2013, entire). species. populations would trend toward An existing population model based extinction (Woods et al. 2007, p. 65; Relationship of NEP to Recovery Efforts on published demographic rates (Bakker Green et al. 2008, pp. 8–9; Walters et al. We published a California condor et al. 2017, entire) was used to simulate 2010, pp. 993–994; Finkelstein et al. recovery plan in 1974 (USFWS 1975, statewide California condor population 2012, pp. 11452–11453). In the absence entire), and revised the plan in 1980 growth in California over the next 30 of this threat, California condor (USFWS 1980, entire), 1984 (USFWS years (2018–2048), assessing scenarios populations would likely grow and 1984, entire), and 1996 (USFWS 1996, with and without the allocation of some become self-sustaining, without the entire). To date, recovery efforts have of the available captive-bred individuals need for intensive management (Woods focused on reintroduction and recovery to a new geographically disjunct flock et al. 2007, p. 65; Green et al. 2008, p. in the southern portion of the species’ (Bakker and Finkelstein 2018, entire).
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Preliminary model simulations suggest currently distributed among three founder clans represented in the captive that allocating captive-bred individuals disjunct and intensively managed population and would not represent a to a new, geographically disjunct flock, populations in California, Arizona and unique genetic lineage of California which is expected to have lower Utah, and Baja California, Mexico. condors. Therefore, loss of this survival and reproduction compared to Management at these sites includes: population would not represent a the existing flocks, may reduce the Monitoring individuals with VHF or substantive change in the genetic population growth of condors in GPS/GSM transmitters; biannual diversity or genetic viability of the California. Model simulations reinforce trapping for health screenings; worldwide population of California the importance of increasing captive vaccination for West Nile virus; aversive condors. chick production and releases to the conditioning to power poles prior to This reintroduction project will wild. The number of chicks produced in release; chelation therapy to treat further the recovery of the California the captive program and released to the California condors with elevated blood- condor by attempting to establish wild has been variable over time, but lead levels; and nest observations, another wild population in an continues to drive population growth in entries, and interventions to maximize unoccupied portion of the species’ the wild due to the high chick and productivity in the wild (Walters et al. historical range. However, for the juvenile survivorship attainable in a 2010, pp. 972, 976, 982–984; Romo et al. reasons stated above, California condors captive setting and to ongoing mortality 2012, pp. 28–56; Southwest Condor released into the Pacific Northwest are in the free-flying population combined Review Team 2017, pp. 4–21; USFWS not essential to the survival of the with the long generational gap between 2017, pp. 5–19). In addition, there are species in the wild. Therefore, as chick stage and breeding age ongoing releases of captive California required by 50 CFR 17.81(c)(2), we find (approximately 6–8 years) in California condors into each of the wild that the experimental population is not condors (Finkelstein et al. 2012, entire; populations. Releases are carefully essential to the continued existence of Bakker et al. 2017, entire; Bakker and coordinated among sites to ensure a the species in the wild, and we Finkelstein 2018, entire). healthy age structure, sex ratio, and designate the experimental population The California Condor Recovery distribution of founder genomes (Ralls in the Pacific Northwest as a Program is currently proposing to and Ballou 2004, pp. 221–225). As a nonessential experimental population increase the number of captive- result of the continued release of (NEP). produced condors for release into the condors and the coordination among Location and Boundaries of the NEP wild, and would continue to allocate the release programs, the populations of number of chicks to each release site wild California condors continue to Section 10(j) of the Act requires that necessary to maintain positive grow (USFWS 2018, p. 6). an experimental population be population growth at each site, to the In addition to the three wild geographically separate from wild extent practicable. Continuing to grow populations, there is also a sizable populations of the same species. the wild population of California captive population at four breeding Considering a number of factors (as condors while reestablishing them in an facilities, which are distributed in described in detail, below), we drew the unoccupied portion of their historical California, Oregon, and Idaho (see NEP area to include a portion of range is consistent with our overall Biological Information, above). The northern California, northwestern strategy to recover the species. breeding facilities are secure facilities, Nevada, and all of Oregon. The western In summary, an NEP in the Pacific not open to the public, where California boundary of the NEP is the Submerged Northwest would establish an condors are kept under 24-hour Lands Act boundary line along the additional population in the United surveillance by condor keepers or video Pacific coast. The southern boundary of States, beyond the minimum of two cameras. The captive population is the NEP is formed by an east-west line populations envisioned for downlisting given extensive care and deaths and from California’s Submerged Lands Act to a threatened species. This population injuries are rare, with a captive annual boundary to Hare Creek; Hare Creek would contribute to the conservation of survival rate after the first month of life from the Pacific Ocean to its junction the species by: Further reducing the risk of 0.989 percent (95 percent confidence with California State Route 1; north to that any one catastrophic event would interval: 0.984–0.992) (Bakker et al. the junction of State Route 1 and State affect a large proportion of the species 2017, p. 97). In addition, the geographic Route 20; east along California State (increasing the population redundancy); separation of the four breeding facilities Route 20 to where it meets Interstate 80; increasing the global population of the protects the captive population from the and Interstate 80 from its intersection species (increasing resiliency); and threat of extinction due to a single with California State Route 20 to U.S. expanding the geographic distribution catastrophic event. Route 95 in Nevada. The eastern of the species among ecosystems The captive population was formed boundary of the NEP is U.S. Route 95 (increasing representation by expanding with only 13 apparent genetic founders in Nevada to the State boundary of the ecological settings in which the that comprised three genetic clans Oregon and then east and north along species occurs). (Geyer et al. 1993, p. 573; Ralls and Oregon’s southern and eastern Ballou 2004, p. 219; Pryor and Ralls boundaries, respectively. The northern Is the experimental population 2016, p. 3). Genetic management, which boundary of the NEP is the northern essential or nonessential? includes control of all captive matings, State boundary of Oregon. All highway When we establish experimental has been implemented to minimize the boundaries are inclusive of the entire populations under section 10(j) of the loss of remaining genetic diversity and highway right of way. See map below Act, we must determine whether such a ensure this remaining genetic diversity and in the Environmental Assessment population is essential to the continued is well distributed among the captive- (NPS et al. 2018, Figure 2, p. 5). existence of the species in the wild. breeding facilities and reintroduction The last California condor specimen Although the experimental population sites (Ralls et al. 2000, p. 152; Ralls and collected within the NEP area was in will contribute to the recovery of the Ballou 2004, p. 226; Pryor and Ralls 1892 along Yager Creek in Humboldt California condor, it is not essential to 2016, p. 2). California condors released County, California (Smith 1916, p. 205; the continued existence of the species in within the experimental population D’Elia and Haig 2013, pp. 39–46). the wild. California condors are would come from a mixture of the Although there were a few reported
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California condor sightings up to 1925 conceptual framework. Analysis of the approximately 124 mi (200 km) from the in the area we are proposing to foreseeable future uses the best nearest edge of the experimental designate an NEP, since then there have scientific and commercial data available population boundary, and the southern been no credible sightings of condors in and should consider the timeframes edge of the experimental population the wild in this area, or anywhere north applicable to the relevant effects of boundary is approximately 112 mi (180 of San Francisco (D’Elia and Haig 2013, release and management of the species km) from the northern extent of the pp. 58–59). Given that almost all and to the species’ likely responses in closest endangered population of released California condors are actively view of its life-history characteristics. California condors. Thus, the southern tracked with electronic transmitters, we Data that are typically relevant to boundary of the NEP approximates a are confident that there are no wild assessing the species’ biological mid-point between the nearest condors in the NEP. response include species-specific factors population in central California and the The location of the primary such as lifespan, reproductive rates or proposed release site at Redwood reintroduction site is the Bald Hills of productivity, certain behaviors, and National Park. The farthest documented Redwood National Park, an area other demographic factors. For the nesting pair of California condors from proximal to suitable nesting and feeding purposes of this rule, we define the any release site since the inception of habitat. Ten potential release sites were foreseeable future as approximately 20 the captive-breeding program was identified by the Yurok Tribe, and the years, the time horizon within which we approximately 62 mi (100 km), while primary release site was selected can reasonably forecast California most nests are within 47 mi (75 km) of following careful consideration of site condor population expansion given the their release site of origin. Given our suitability, logistics, threats and number of years of data we have on definition of foreseeable future and the hazards, cultural resources, and condor movements from release sites in information from existing release sites, suitability of adjacent lands (Yurok southern and central California (25 we anticipate that California condors Tribe 2020, entire). The release site will years in southern California and 23 initially released at Redwood National be situated in grassland habitat above a years central California). We expect that Park—with the exception of occasional redwood forest with sufficient the contribution of the experimental exceptional flights—would remain topography to allow young California population toward recovery of the within the experimental population condors to more easily achieve flight. California condor will be evident during boundary over the first 20 years of Redwood forests in the vicinity of the this time span, although we recognize reintroductions. If a reintroduction of release site, as well as proximal that establishing a self-sustaining California condors in northern mountain ranges (Oregon Coast Range, population of condors in the region may California is successful, it is possible Klamath-Siskiyou Mountains, and the take longer given the species’ extremely Northern Coast Range in California) are that some individuals from the NEP may low reproductive rates. We established eventually move outside of the NEP expected to provide ample roosting and the experimental population boundary nesting habitat. Inland valleys and area. It is also possible that California large enough to account for expansion condors from the other California mountaintop prairies, in conjunction over time as the introduced population with a proximal coastline, are expected release sites may enter this NEP. We begins to breed in the wild, and to assist expect that these movements, if they to provide a mixture of sufficient in identifying any individuals belonging terrestrial and marine feeding areas and occur, would be infrequent in the to the NEP. When possible, we used foreseeable future given the size of the food resources. Landscape-scale models recognizable features on the landscape, indicate that the amount and NEP, the NEP’s distance from existing legal land descriptions, or characteristics of habitat in the region populations, and observed California administrative boundaries to demark compare favorably to other portions of condor movements at other release areas this experimental population boundary. the historical range (D’Elia et al. 2015, over the last two decades. Further, we We included the entire State of Oregon pp. 95–96). find that the interaction of individuals In defining the experimental to ensure that any California condors among the NEP and existing endangered population boundary, we attempted to originating from the releases at populations and the merging of these encompass the area where the Redwood National Park and flying north populations are even more unlikely to population is likely to become into Oregon are recognized as members occur in the foreseeable future given the established in the foreseeable future. of the NEP and are covered by the NEP distance between the populations and The term ‘‘foreseeable future’’ appears regulations. the small number of California condors in the Act in the statutory definition of Information we considered in drawing likely to occupy the NEP. Even if ‘‘threatened species.’’ The Act does not our NEP boundary included California California condors occasionally moved define the term ‘‘foreseeable future.’’ condor movement data from existing into or out of the NEP, the presence of However, our implementing regulations release sites, and the location of the one or a few individual dispersing at 50 CFR 424.11(d) set forth a closest existing condor population, as condors would not constitute a framework for evaluating the foreseeable well as input from State wildlife ‘‘population’’ and any individuals future on a case-by-case basis. The term agencies. Movement data indicate that, dispersing into or out of the foreseeable future extends only so far after 20 years of releasing California experimental population area would be into the future as we can reasonably condors, most individuals remain treated as if they were part of the determine that both the future threats within approximately 124 mi (200 km) population at the location where they and the species’ responses to those of their release site—although are found (See Wyoming Farm Bureau threats are likely. In other words, the exceptional flight distances occasionally Federation v. Babbitt, 199 F.3d 1224, foreseeable future is the period of time occur and the existing populations 1234–6, FN 5 (10th Cir. 2000) (finding in which we can make reliable continue to expand as flock size the Secretary reasonably exercised his predictions. While we use the term increases. The closest California condor management authority under section ‘‘foreseeable future’’ here in a different release site to the Bald Hills release site 10(j) in defining the experimental wolf context (to establish boundaries for is at Pinnacles National Park, population by location)). Based on identification of the experimental approximately 350 mi (563 km) to the definitions of ‘‘population’’ used in population), we apply a similar south. The proposed release site is other experimental population rules
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(e.g., 59 FR 60252, November 22, 1994 measures (see Addressing Causes of and extermination campaigns, direct (gray wolves), 71 FR 42298, July 26, Extirpation, below). persecution, and possibly lead 2006 (Northern aplomado falcons)), we (4) The extent of effects of existing poisoning from spent ammunition were consider a population to require a and proposed actions and activities the primary causes (D’Elia and Haig minimum of two successfully within the NEP on the reintroduced 2013, pp. 119–122). Two of these reproducing California condor pairs population have been evaluated in an primary drivers of regional extirpation— over multiple breeding cycles. Using environmental assessment and are predator poisoning and direct this definition of a population, the best compatible with conservation of the persecution—are no longer the primary available information suggests that the California condor (NPS et al. 2018, threats to the California condor. population of California condors formed entire). According to the most comprehensive (5) The reintroduced population will from releases in Redwood National Park assessment of California condor deaths receive ongoing demographic support is likely to be wholly separate from from 1992 through 2009, of the 76 other populations of California condors from a managed captive population and deaths where a definitive cause was for the foreseeable future. an active field monitoring and management program (Similar determined, there were no confirmed Likelihood of Population Establishment population support has allowed cases of secondary poisoning related to and Survival population growth and establishment at predator control (although there was The best available scientific data all of the other California condor release one possible case involving glycol indicate that the reintroduction of sites). toxicosis) and only five cases of condors California condors into suitable habitat (6) The reintroduced population will directly persecuted by gunshot or arrow in Redwood National Park is be integrated with the California Condor (Rideout et al. 2012, pp. 108, 110). biologically feasible and would promote Recovery Program to ensure that Based on multiple lines of evidence, the conservation of the species. Along California condors released in Redwood the primary threat to the recovery of the with our numerous recovery partners, National Park have an appropriate sex California condor is lead poisoning from we have over 25 years of experience ratio and age-structure and include spent ammunition (see Biological breeding and releasing California representatives of the founder genomes. Information, above). Regulations condors into the wild at several release (7) There is broad institutional and banning lead ammunition for taking areas across various ecosystems. Release partner support for a California condor wildlife in California are in effect (see techniques are well established, as are reintroduction in Redwood National Biological Information, above). In protocols for managing released Park and Yurok ancestral territory. California condors. Based on our On June 14, 2016, a Memorandum of addition, voluntary efforts to reduce collective knowledge gained from these Understanding between 16 parties was lead exposure in wildlife are ongoing in efforts, we anticipate California condors finalized. The purpose of the MOU was Oregon and Nevada (see Biological will become successfully established for to formalize an agreement to assess the Information, above). Finally, the the following reasons: potential to recover California condors reintroduction program will carefully (1) Landscape-scale modeling in the Pacific Northwest and to work to monitor the population and conduct indicates the NEP may have some of the seek funding to support that effort if it regular health checks to evaluate most extensive nesting, roosting, and proved feasible. Signatories to the MOU whether reintroduced California feeding habitats remaining within the included the U.S. Fish and Wildlife condors are being exposed to lead, the historical range in California, Oregon, Service, National Park Service (NPS), rate of exposure, and how this situation and Washington (D’Elia et al. 2015, pp. Bureau of Land Management, Yurok compares to other portions of the 95–97). California condors are habitat Tribe, California Department of Fish and species’ range. When necessary, generalists and have been successfully Wildlife (CDFW), California Department California condors with elevated lead reintroduced to a variety of ecosystems, of Parks and Recreation (CDPR), Oregon levels will be treated for lead poisoning. including the mountain foothills of Department of Fish and Wildlife While the threat from lead ammunition southern California, coastal forests of (ODFW), Oregon Zoo, Sequoia Park Zoo, is still present in the experimental central California, high desert and Ventana Wildlife Society, Oakland Zoo, population area, it is being addressed canyon lands in northeastern Arizona Pacific Gas and Electric Company, through a mixture of regulatory and and mountainous areas in Baja Pacific Power Company, Green proactive voluntary measures (see California, Mexico. This species is Diamond Resource Company, and Hells Biological Information, above); flexible in its diet, eating carrion of Canyon Preservation Council. In 2018, therefore, we will not request further many different species of wildlife and the U.S. Forest Service also signed this regulation of lead ammunition for this livestock. Therefore, we do not MOU. experimental population. Sources of anticipate climate change effects on Based on all of these considerations, mortality will be carefully monitored, habitat will negatively impact our we anticipate that reintroduced and if high mortality rates are ability to reestablish a population of this California condors are likely to become preventing the establishment of a self- species in the Pacific Northwest. established and persist within the NEP. (2) A site-specific habitat evaluation, sustaining population, we will work which considered site suitability, Addressing Causes of Extirpation with our conservation partners to logistics, threats and hazards, cultural Investigating the causes for decline implement additional voluntary resources, and suitability of adjacent and extirpation of California condors is measures to address threats, as we have lands, found the release site to have necessary to understand whether the at other California condor release sites. suitability ratings similar to existing threats have been sufficiently curtailed If a formal evaluation indicates the release sites (Yurok Tribe 2020, entire). such that reintroduction efforts are project is experiencing a 40 percent or (3) The causes for California condor likely to be successful. Evaluation of greater mortality rate over multiple extirpation from the region are either no various hypotheses for the extirpation of years or released California condors are longer active or are being addressed California condors in the Pacific not finding food on their own, serious through a mixture of regulatory and Northwest revealed that secondary consideration will be given to proactive voluntary conservation poisoning related to predator control terminating the project.
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Release Procedures transmitters and ground observations. annually, impacts to the donor Release procedures at Redwood Aerial tracking will be used to find lost population are expected to be negligible. individuals, and telemetry flights will National Park are described in the Management environmental assessment (NPS et al. be coordinated with the appropriate land management agencies. Our The Service, NPS, and the Yurok 2018, pp. 23–28) and would be similar Tribe will plan and manage the to those at existing release sites. methods for identifying and monitoring individuals will be adaptive and may reintroduction of California condors at Procedures include: (1) The use of an Redwood National Park. In addition, onsite release pen where California change as technology improves. We will endeavor to maintain an even these agencies will carefully collaborate condors are kept for a short period of on releases, monitoring, condor care and time prior to release; (2) tracking of all sex-ratio across a range of age-classes in the released population. Adult behavior management, nest observations released condors via telemetry (VHF and interventions, coordination with and GPS/GSM); and (3) supplying California condors unfit for release may be transported to the release site and landowners and land managers, public condors with proffered food at the awareness, and other tasks necessary to release site to allow for repeated kept in the pen as mentors for the acclimating cohort. Adjustments will be ensure successful reintroduction of the trappings to monitor health and replace species (Yurok Tribal, 2020, entire). A transmitters. made in release cohort structure annually based on availability from few specific management considerations In general, a new cohort of captive- related to the experimental population reared California condors will be captive-breeding facilities, genetics, sex- ratio, and age. are addressed below. released annually. The size of each (a) Incidental Take: Experimental release group will depend on the Donor Stock Assessment and Effects on population special rules contain specific number of California condors in Donor Population prohibitions and exceptions regarding captivity available for release, but the taking of individual animals. These The donor population for the annual releases will likely involve up to special rules are compatible with most reintroduction of California condors to six condors. California condors hatched routine human activities in the expected in captivity will be raised by their Redwood National Park is the captive reestablishment area. Section 3(19) of parents or a condor look-alike hand population of California condors. the Act defines ‘‘take’’ as ‘‘to harass, puppet until they are approximately 6 Although the captive population is harm, pursue, hunt, shoot, wound, kill, months to 1 year old. They will then be located at four breeding facilities, these trap, capture, or collect, or to attempt to placed with other California condors in facilities cooperate to manage the entire engage in any such conduct.’’ a single large pen so they will form wild population and captive population ‘‘Incidental take’’ is further defined as social bonds and undergo aversion as a single entity, exchanging California take that is incidental to, and not the training to power poles. The young condors and condor eggs among the purpose of, the carrying out of an California condors will be transported to facilities as necessary for population otherwise lawful activity. By adopting the release site at Redwood National and genetic management (Ralls and the 10(j) rule, most incidental take of Park when they are approximately 1.5 to Ballou 2004, p. 216). California condors within the 2 years old. At the release site they will As of December 2019, there were 181 experimental population area is be placed in a flight pen and will California condors in captivity, and the allowed, provided that the take is remain there for an acclimation period size of the captive population has been unintentional and not due to negligent of approximately 3 months. relatively stable over the last 5 years, conduct. However, habitat alteration Biologists will remain near the release with end-of-year counts ranging from (e.g., removing trees, erecting structures, pen, observing the young California 167 to 181 during this time period altering the nest structure or perches condors’ behavior and guarding against (USFWS 2020, p. 5). With the assistance near the nest) or significant visual or predators or other disturbance. After the of the captive-breeding program, the noise disturbance (e.g., tree felling, initial adjustment period, California total population of California condors chainsaws, helicopter overflights, condors will be released from the flight increased from 370 condors in 2010 to concrete cutters, fireworks, explosives) pen. Any release candidate showing 518 condors in 2019 (USFWS 2020, p. within 656 ft (200 m) of an occupied signs of physical or behavioral problems 5). nest are prohibited. Excluded from this will not be released. A small area of The donor population is carefully prohibition are emergency fuels NPS land will be closed to recreational managed to ensure its long-term treatment activities by Federal, State, activity to protect the California condors viability. Annual reviews of breeding, and local agencies and Tribes to reduce in or around the release facility. captive pairings, genetic health, and the risk of catastrophic wildfire and Carcasses will be provided at the release demographic factors are undertaken to emergency response services. Activities site, as supplemental food for newly ensure that captive-releases will not be such as ranching and use of existing released California condors, and as detrimental to the stability of the roads and trails within the 656-ft (200 necessary, to attract condors for periodic captive flock. In addition, the captive- m) buffer area around an occupied nest trapping to check their health and swap- breeding program has capacity to pair would not be considered a significant out transmitters. additional captive California condors to visual or noise disturbance. For the All California condors released to the increase reproductive output as they purposes of this rule, an occupied wild will be marked to allow become available for breeding and to California condor nest is defined as a identification of individuals. Current replace senescent condors. This could nest that is: (1) Attended by a breeding methods for doing this include placing be done through multiple clutching, the pair of condors, (2) occupied by a electronic transmitters (e.g., Argos, GSM use of non-breeding adults to serve as condor egg, or (3) occupied or attended (Global System for Mobile foster parents, and/or puppet rearing. by a <1-year-old condor. communication), and VHF transmitters) Given the careful management of the The 656-ft (200 m) buffer is meant to and wing markers on the wings of each donor population, the ability to increase serve to minimize visual and auditory California condor. The movements and its productivity, and the relatively small impacts associated with human behavior of each California condor will number of California condors that will activities near nest sites. We chose a be monitored remotely using electronic be released at Redwood National Park 656-ft (200 m) buffer after considering
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buffer distances used for other raptors, possible that prolonged or repeated employees, and authorized agents acting which varied widely from 162 to 5,249 disturbances may cause nest failure on their behalf, may handle California ft (50–1,600 m) (Richardson and Miller (Sibley 1969, p. 15). To minimize the condors for scientific purposes; to 1997, pp. 635–636; Romin and Muck chances of nest or egg destruction and relocate or haze California condors to 2002; USFWS 2007, p. 13), as well as to preserve the structural integrity of avoid conflict with human activities; for past recommendations on buffer habitat around nests while minimizing recovery purposes; to aid sick or injured distances for California condor nests, impacts to stakeholders, we are California condors; and to salvage dead which ranged from 0.5 to 1.5 mi (0.8– prohibiting habitat alteration or California condors. However, non- 2.4 km) (Carrier 1973, pp. 71–73). This significant visual or noise disturbance Service or other non-authorized variation is likely the result of within 656 ft (200 m) of occupied nests, personnel will need to acquire permits differences in environmental setting, with the exceptions noted above. from the Service and the appropriate species-specific responses, status of the Existing and proposed activities and State or Tribal agency for these species at the time of the recommended land uses surrounding the park that activities. Protocols for management and could potentially result in incidental buffer, the nature of the disturbance, monitoring have been developed based take include wind power, utility and the purpose of the buffer. It is on decades of experience from releasing transmission lines, mining, commercial important to note that historical condors in other areas (Yurok Tribe California condor buffer distances of 0.5 timber production, ranching operations, 2020, entire). Management and to 1.5 mi (0.8–2.4 km) were based on and recreational activities (NPS et al. monitoring practices covered by these anecdotal observations of a small 2018). As noted above in our evaluation protocols include holding and releasing number of condor nests in a declining of the likelihood of population population, and were necessarily establishment and survival, we condors, monitoring, condor care and conservative given the context of a determined that the extent of effects of behavior management, nest observations nearly extinct species. The nest buffer these activities within the NEP is and interventions, and other tasks for this rule is smaller than those earlier compatible with conservation of the necessary to ensure successful recommendations because of new California condor. We expect few reintroduction of the species (Yurok information suggesting that nesting restrictions on these activities because Tribe 2020, entire). These protocols are California condors may be more tolerant most incidental take, including take designed to be adaptive and will be of disturbance than previously believed associated with lead ingestion, is not updated periodically as new (see below). We also accounted for the prohibited. Some activities, such as information is acquired. Management fact that we are establishing this those associated with habitat alteration and monitoring activities (see Yurok population as a nonessential or significant visual or noise Tribe 2020) by any employee or agent of experimental population. Therefore, our disturbance within 656 ft (200 m) of an the Service, National Park Service, buffer distance around nests may be less occupied nest, would be prohibited, as Yurok Tribe Natural Resource Division, conservative than our recommended described above. However, because (1) CDPR, CDFW, NDOW, or ODFW who is buffer distances from nests where the number of individuals initially designated and trained for such California condors are listed as released would be small, (2) California purposes, when acting in the course of endangered. condors nest only on cliffs and in large official duties, will be exempt from take While species-specific responses to tree cavities, (3) California condors tend prohibitions. disturbance have not been formally to nest in less accessible and remote (d) Public Awareness and studied for the California condor, areas, and (4) the nests would be Cooperation: During January 2017, in observations in the 1950s and 1960s dispersed rather than concentrated in a cooperation with the Yurok Tribe and found that once a condor nest is started, particular area, we expect impacts to Redwood National Park, we conducted it will not be abandoned unless the egg existing and proposed activities to be five NEPA scoping meetings on the or chick is lost or the parents killed minimal (NPS et al. 2018). For the proposed action of reintroducing (Sibley 1969, p. 8). In addition, recent reasons stated above, it is unlikely that California condors to the Pacific observations have documented a condor would nest within areas with Northwest, with the possibility of successful nests within 0.5 mi (0.8 km) ongoing timber harvest operations, as designating the reintroduced population from active oil and gas operations and only about 0.5 percent of harvestable as an NEP. We notified a comprehensive within 656 ft (200 m) of busy highways, timber on private lands within the study hiking trails, and forestry practices such area are likely to contain suitable list of stakeholders of the meetings as operating chainsaws and chippers (A. nesting trees. (NPS 2018). Once the including affected Federal and State Welch, NPS, pers. comm. 2015). One condor chick has fledged, activities agencies, Native American Tribes, local nest in a giant sequoia tree was could resume, so any prohibitions on governments, landowners, nonprofit successful despite being ‘‘right on the activities would be temporary in nature. organizations, and other interested edge’’ of a clearcut operation (which (b) Interagency Consultation: For parties. The comments we received ceased only 3 weeks prior to egg laying) purposes of section 7 of the Act, section were included in the formulation of and only about 656 ft (200 m) from, and 10(j) of the Act and our regulations (50 alternatives considered in the NEPA in direct view of, an intermittently used CFR 17.83) provide that nonessential process, and were considered in dirt road (Snyder et al. 1986, p. 238). experimental populations are treated as formulating proposed experimental Although the best available species proposed for listing under the population regulations for California information suggests that California Act except on National Park System and condors within the NEP. We opened a condors may not be as susceptible to National Wildlife Refuge System lands, 60-day comment period on our disturbance as we thought in the 1960s– where they are treated as threatened proposed regulations and EA, with 1980s, flushing of condors from nests species for the purposes of section 7 of another round of notifications to our has been documented due to the Act. comprehensive list of stakeholders. We disturbance and this activity has the (c) Special Handling: USFWS, NPS, also held public meetings in Portland, potential to result in the egg breaking if CDPR, CDFW, ODFW, Nevada OR, Medford, OR, Klamath, CA, and the adult that is flushed is incubating Department of Wildlife (NDOW), and Arcata, CA during the public comment the egg (Sibley 1969, p. 8). It is also Yurok Tribe Natural Resource Division period.
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Monitoring and Evaluation reviewers for substantive issues and population growth, we will adapt our In cooperation with conservation new information regarding the management accordingly. Comment: One peer reviewer noted partners, we will monitor movements, establishment of an experimental that, in our proposed rule, we mention habitat use, and survival of all released population of California condors in the the lead ammunition ban in California California condors (NPS et al. 2018, pp. Pacific Northwest. Substantive and the efforts being taken in Oregon to 23–28). Monitoring individual comments are addressed in the get hunters to voluntarily switch to non- movements will allow field staff to following summary and have been lead alternatives. They asked whether identify potential problem-behaviors incorporated into the final rule as Nevada, part of which is included in the and to capture, relocate, or haze appropriate. Any substantive changes incorporated into the final rule are NEP boundary, would be undertaking individual California condors for their any outreach for voluntary effort to curb safety. It will also allow us to detect any summarized in the Summary of Changes from the Proposed Rule section, below. lead ammunition use. California condors that move outside of Response: NDOW has implemented the experimental population area. Peer Review Comments some voluntary measures to encourage Trapping will occur at the release site to In accordance with our peer review hunters to switch to non-lead allow for hands-on physical exams of ammunition. In 2015, NDOW individuals, replacement of faulty or policy published on July 1, 1994 (59 FR 34270), we solicited expert opinion collaborated with the North American aging transmitters, marking growing Non-lead Partnership to train hunter feathers, sampling feathers marked from three knowledgeable individuals with scientific expertise in the species’ education instructors about non-lead previously for lead history construction, ammunition. Non-lead ammunition and drawing blood for immediate biology, habitat, and raptor reintroductions in general. We received outreach is now included in all hunter testing of circulating blood lead levels education training in Nevada. In and laboratory analysis for other responses from two of the peer reviewers. addition, Nevada also has a regulation contaminants of interest including, but mandating the use of nontoxic shot on not limited to, organophosphates and Both peer reviewers expressed support for the reintroduction with an all Nevada Wildlife Management Areas anticoagulant rodenticides. We will also (NAC 503.183). associated 10(j) rule and agreed the attempt to determine the cause-of-death Comment: One peer reviewer noted action is likely to contribute to the for all condor mortalities so we can look that the nest buffer of 200 m is for emergent patterns and evaluate conservation of the species. We somewhat less conservative that what whether additional management incorporated specific updated has previously been recommended, but, interventions are necessary. information, comments, and suggestions given the evidence presented and the Annual reports that summarize from peer reviewers into the final rule fact that this is being designated as an monitoring and management activities as described in our responses, below. NEP, they thought that the buffer size will be collaboratively developed by the Comment: One peer reviewer pointed was a reasonable starting point. This Yurok Tribe, NPS, and USFWS. We will out that, in our proposed rule, we stated reviewer suggested providing a evaluate the reintroduction program to that predator-poisoning was no longer a mechanism for expanding the buffer, determine whether to continue or primary threat to condors. The reviewer under certain circumstances. The other terminate reintroductions every 5 years notes that another form of poisoning, peer reviewer stated that the 200 m as part of our 5-year status review for from anticoagulant rodenticides, buffer around nests seemed risky. They the species. remains a serious concern for wildlife in suggested starting with a larger buffer, northern California and may pose a with the option of making it smaller in Summary of Comments and greater threat than in central and certain circumstances. Recommendations southern California condor populations. Response: The 656 ft (200 m) buffer In the proposed rule published on Response: Predator-poisoning distance around occupied nests is April 5, 2019 (84 FR 13587), we campaigns targeting large predators, like intended to provide some protection to requested that all interested parties gray wolves and grizzly bears, are condor eggs and nestlings. We recognize submit written comments on the fundamentally different from the use of that, in certain situations, noise or proposal by June 4, 2019. In addition, in anticoagulant rodenticides that are habitat disturbance outside of this buffer accordance with our joint policy on peer primarily targeting small rodents. may cause harassment, or even harm, to review published in the Federal Nevertheless, we acknowledge that an individual condor. We expect these Register on July 1, 1994 (59 FR 34270) condors released in northern California instances to be extremely rare given the and updated guidance issued on August may be exposed to rodenticides. We do small number of anticipated breeding 22, 2016 (USFWS 2016, entire), we not yet know the rate of exposure or condors in the foreseeable future and solicited peer review of our proposed whether this exposure will have a the vastness of the landscape they will rule from three knowledgeable significant effect on condor occupy. For the reasons articulated in individuals with scientific expertise in demographic rates. It is currently this final rule (see Management, above), California condor ecology and unclear whether exposure rates will be we find that a 656 ft. (200 m) buffer management. We received responses higher, lower, or the same as observed distance provides a reasonable balance from two of the peer reviewers. We also in other parts of the condor’s range, or between protection of condors and contacted appropriate Federal and State whether their exposure rates will be limiting the impact of this agencies, Tribes, scientific experts and comparable to exposure rates in other reintroduction effort on landowners. organizations, and other interested surrogate avian scavengers. As stated in Comment: One peer reviewer asked parties and invited them to comment on the final rule, we will be conducting about the timing of our program review the proposal. In addition, on May 7–9, regular physical exams of condors and and how that relates to the timing of the 2019, we held public meetings on the will attempt to determine cause-of-death Service’s 5-year status review of the proposal in Portland, OR; Medford, OR; for all condors that die and whose species. As the last California condor 5- Arcata, CA; and, Klamath, CA. bodies are available for necropsy. If year review was completed in 2013, We reviewed all comments received exposure to anticoagulant rodenticides they were concerned that our review from the public, States, Tribes, and peer is a significant factor affecting periods would not be aligned.
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Response: We will informally review support the existing breeding facilities the time of the designation, specifically the status of the reintroduction program capacity. Decisions on allocation of hunting and recreational shooting. on an annual basis. We intend to release condor chicks are made in collaboration Other activities that should be protected key information from this informal with these partner institutions and in this manner include ranching, timber annual review (e.g., population size, geneticists. Given the available harvest activities, mining, number of releases, number of deaths) to information on condor demography and environmental remediation and the public. Our formal status review of the strength and longevity of our restoration, power operations, the reintroduction program, where we partnerships, we are confident that transportation for both inter- and intra- will assess whether we should continue captive-breeding facilities will continue state commerce, currently in-place or discontinue the reintroduction to produce sufficient numbers of endangered species recovery plans, and program in the Pacific Northwest, will California condors to ensure the housing development in cities. likely occur within the first 5 years of viability of existing populations and the Commenters suggested that removing the program. The review cycles will be success of a new reintroduction program condors from the field should also be aligned from that point forward. Based in the Pacific Northwest. included if a sufficient number of on our experiences releasing California Comment: One peer reviewer stated individuals are lost during the program. condors in other areas, we caution that success of the reintroduction program Response: This rule exempts almost evaluating whether or not the program was not defined. They requested that we all incidental take of California condors. is successful—and therefore, whether it included an explicit definition of Significant noise or visual disturbance should continue—will take at least two success or remove the term from the or habitat alteration within 656 ft (200 decades (i.e., several 5-year review final rule. m) of occupied nests are prohibited. cycles). Response: The ultimate goal of any Excluded from this prohibition are Comment: One peer reviewer conservation reintroduction is to emergency fuels treatment activities by suggested that we should provide establish a self-sustaining wild Federal, State, and local agencies and mechanisms for cancelling the program population. We will evaluate, every 5 Tribes to reduce the risk of catastrophic if a sufficient number of condors are years, whether the program is wildfire and emergency response killed or lost for reasons that cannot be progressing toward achieving that goal. services. Activities such as ranching and alleviated due to the experimental NEP Based on our experience, estimates of use of existing roads and trails within status. mortality rates in the first decade of the the 656 ft (200 m) buffer area around an Response: As stated in the proposed release programs at existing sites in occupied nest would not be considered rule, and in this final rule, if a formal California and Arizona were between a significant visual or noise disturbance. evaluation indicates the project is 17–35 percent. Since we expect it will Thus, this rule provides substantial experiencing a 40 percent or greater take many years to achieve our ultimate assurances that there will be minimal (if mortality rate over multiple years or goal of a self-sustaining wild any) impacts to the activities the released California condors are not population, we will consider success to commenter mentions. As stated in the finding food on their own, we would be the continued progress toward proposed rule, and in this final rule, if evaluate options, including achieving that goal. As stated in the a formal evaluation indicates the project discontinuing releases, capturing and final rule, if we observe a 40 percent or is experiencing a 40 percent or greater removing condors from the NEP area, greater mortality rate over multiple mortality rate over multiple years or and whether to remove the NEP years, or released California condors are released California condors are not designation and regulations. If we not finding food on their own, serious finding food on their own, serious proposed removal of the regulations, we consideration will be given to consideration will be given to would provide an opportunity for terminating the project. terminating the project. public review and comment. Comment: One peer reviewer asked Comment: Commenters asked for Comment: One peer reviewer whether there might be threats unique clarification on how the 10(j) rule would expressed concern over whether to northern California or Oregon, that address condors that leave the NEP area. establishing a new population would are not threats in the current range of One commenter suggested that the rule impact the viability of existing the California condor. should require condors that leave the populations. They also asked us to Response: We are not aware of any designated NEP boundary to be describe how the captive facilities will threats to the California condor that are recaptured and returned, which would increase production and questioned unique to the Pacific Northwest. We address the requirement that this whether funding and support would be will closely monitor the health of population be geographically disjunct available to accomplish that work. released condors and address any novel from other populations and result in Response: In our proposed rule, and threats, should they emerge. better survival of birds that leave the in this final rule, we provide Comment: One peer reviewer stated NEP area. information on a preliminary that he thought the scientific and Response: California condors that fly demographic analysis that shows biological components of the proposed outside of the NEP area will be existing populations are likely to rule were excellent and clearly evaluated on a case-by-case basis. We do continue to grow even when breeding described. He also provided several not require the relocation of condors facilities are producing California technical corrections and edits related that leave the NEP area. We will condor chicks at less than existing to condor biology and management. consider recapture if a condor moves capacity. The condor program has a long Response: We thank the reviewer for outside of the NEP and is observed—by history of cooperation among partner his comments and, as appropriate, have an individual trained in condor biology institutions, and we have broad support incorporated corrections. and behavior—exhibiting signs of among these institutions for illness, obvious distress, or exhibits establishment of a new release site in Public Comments behavior indicating it is at increased the Pacific Northwest. Likewise, the Comment: Condors should be risk of harm. While this population is condor program is funded by a wide removed from the field if designation of likely to be wholly separate from other variety of partners and sources which a nonessential population changes condor populations for the foreseeable are expected to continue to be able to recreational activities that were legal at future, we do not intend to actively
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preclude the eventual connectivity of Excluded from this prohibition are condors to occupy northwestern Nevada condor populations. emergency fuels treatment activities by within the foreseeable future, we are Comment: Commenters stated that the Federal, State, and local agencies and exempting incidental take from 10(j) designation should eliminate the Tribes to reduce the risk of catastrophic otherwise lawful activities within the proposed exemptions for electric wildfire and emergency response NEP, including this area, as long as such utilities and wind farms because these services. take is unintentional and non-negligent. companies could use other resources/ Comment: The 10(j) rule as written is We decline to exempt negligent take, structures (e.g., geofencing) to meet the too permissive and should be revised to even if the species is infrequently 10(j) requirements. Commenters also start with full protection and note where observed in an area. California condors stated that the voluntary actions protections do not apply. are easily identified and should not be undertaken by the utility owners may Response: ESA section 10(j) rules are mistaken for any animal that can be not be adequate to protect the NEP. intended to promote recovery of legally harvested, killed, captured, Response: The primary reason to threatened and endangered species, wounded, or harassed. Habitat alteration designate a population as experimental while reducing the impact of or significant visual or noise is to engender support for reintroducing reintroductions on stakeholders. For the disturbance within 656 ft (200 m) of an an endangered species by more reasons articulated in the preamble (see occupied nest are prohibited. Excluded surgically applying the necessary Management, above), we find that the from this prohibition are emergency protections of the ESA. Based on known special regulations will provide the fuels treatment activities by Federal, mortalities in other portions of the appropriate balance of species State, and local agencies and Tribes to condor’s range, deaths from electric protection and reduced impact to reduce the risk of catastrophic wildfire utilities and wind turbines are not the stakeholders. and emergency response services. These primary threats to condor demographic Comment: Commenters expressed exemptions and regulations are rates. We will work with electric concern that reducing protections for expected to minimize impacts on land utilities and wind farm developers and the California condor would establish a use and socioeconomics in the remote operators to minimize and avoid new baseline for policymaking in the event condors occupy northwestern impacts to condors. As noted in the future. Nevada. proposed rule, PG&E has developed and Response: We evaluate the need for an Comment: One commenter requested is implementing a plan to minimize take experimental population designation clarification on the proposed timeline of of condors throughout the range of the and associated 10(j) rules on a case-by- the stipulations in the rule, specifically species. The Service is working with case basis. After carefully reviewing the asking about the 20-year timeframe wind energy companies in other parts of best available information and noted in the rule. the species’ range to minimize risk of coordinating with our State and Tribal Response: This rule will remain in condor collision with turbines. partners, Federal land managers, local place unless it is rescinded through Comment: Commenters stated that the landowners, and other conservation formal rulemaking. The 20-year 10(j) rule should increase the level and partners, we have determined that a timeframe in this rule refers to the time enforcement of penalties. California condor reintroduction in this horizon over which we can reasonably Response: Section 11 of the ESA area would not have the necessary forecast California condor population addresses civil and criminal fines and support without an experimental expansion to define the boundary of the penalties associated with violations of population designation. This is not the experimental population. It also the provisions of the ESA and permits first nonessential experimental provides a time horizon over which we issued under the ESA. Any enforcement population of the California condor and, analyzed the likelihood the population actions under the ESA will be subject to therefore, is not precedent-setting. will become established and survive in the maximum fines and penalties Furthermore, nothing in this rule the NEP. We chose 20 years based on outlined in this statute, as those establishes a new baseline for future the number of years of data we have on amounts have been adjusted pursuant to policy decisions on achieving condor condor movements from release sites in Federal law. The current penalty recovery as this rule applies only to this southern and central California. We amounts are in 50 CFR 11.33, as population. expect that the contribution of the adjusted this year (85 FR 10310, Comment: Several commenters were experimental population toward February 24, 2020). Enforcement actions concerned about potential impacts on recovery of the California condor will be and any ensuing penalties for violations land use and socioeconomics in Nevada. evident during this time span, although of the ESA are based on the facts of each One commenter suggested that take of we recognize that establishing a self- case. condors should not be deemed negligent sustaining population of condors in the Comment: The California condor where there have been infrequent or region may take longer given the should not be established as an NEP inconsistent occurrences of the species species’ extremely low reproductive without assurances that hunting and in a given project area or where a given rate. recreational shooting would continue. instance of take is the first occurrence. Comment: One commenter asked for Commenters indicated that a ‘‘special Response: Although the northwestern further clarification on how a decision rule’’ should be in place to ensure that corner of Nevada is included in the NEP would be made to remove condors from hunting and/or recreational shooting are boundary, the best available information the field in the event that the FWS was not affected. on habitat suitability and landscape compelled by a court order to change Response: Incidental take of connectivity suggests that this area is the protection status of the population, California condors associated with legal unlikely to become occupied by condors asking if it would be based on votes of and non-negligent hunting and in the foreseeable future. We included participating parties or would MOU recreational shooting is not prohibited northwestern Nevada within the NEP to signatories have any type of veto power. within the NEP, provided such take is provide assurances to Nevada that in the Response: While FWS would unintentional and non-negligent. unlikely event California condors travel ultimately be responsible for Habitat alteration and significant visual to this area, they would be treated as determining how to proceed and and noise disturbance within 656 ft (200 nonessential experimental animals ensuring any changes in the legal status m) of an occupied nest is prohibited. under the Act. While we do not expect and/or removal of this population of
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California condors are made in clarification was proposed: ‘‘[t]ake that Comment: Commenters requested that compliance with any applicable Federal occurs unavoidably and unintentionally the application of the 10(j) stipulation in rulemaking and other procedures, we is that which occurs despite reasonable the Sheldon National Wildlife Refuge be would carefully consider input from care and is not done on purpose.’’ clarified. partners. The MOU signatories include Response: The commenter’s Response: Although the northwestern a range of agencies, conservation interpretation of ‘‘unavoidably and corner of Nevada (where Sheldon partners, and stakeholders with interests unintentionally’’ is consistent with how National Wildlife Refuge is located) is that represent a wide variety of interests we intend its use in this rule. We have included in the NEP boundary, the best associated with land management updated the final rule to include this available information on habitat activities. FWS would meet with all of clarification. suitability and landscape connectivity the 17 partners to the MOU to discuss Comment: Commenters noted concern suggests that this area is unlikely to the options on how to proceed, with how take is defined in the 10(j) become occupied by condors in the including the option of attempting to rule and felt that how it is defined foreseeable future. We included capture and relocate all the condors in would open various parties to charges of northwestern Nevada within the NEP to the wild. We would discuss the non-permitted incidental take. They provide assurances to Nevada that in the consequences of each option with the noted that logging companies, NPS, and unlikely event California condors travel MOU partners and would make a fact- others could be exposed to liability to this area, they would be treated as specific assessment of how to proceed under the current definition because the nonessential experimental animals based on the information at that time, rule is not clear on the complex under the Act. The 10(j) rule would including whether there was general interactions of terrain as part of the apply on National Wildlife Refuges, agreement from the MOU partners that current regulatory overlay of different including Sheldon National Wildlife the condors should remain in the wild. species and habitat conservation plans. Refuge. However, experimental FWS does not intend to hold a formal Response: By adopting the 10(j) rule, populations in National Wildlife vote, and none of the MOU signatories most incidental take of California Refuges and National Parks are treated would hold veto power. condors within the experimental as a threatened species for the purposes Comment: Commenters requested that population area is allowed, provided of section 7 of the ESA (but not under additional activities exempt from take that the activity is otherwise lawful and section 9 of the ESA) and consultation prohibitions be specifically stated in the the take is unintentional and not due to requirements of section 7(a)(2) of the rule, including existing authorized uses negligent conduct. Habitat alterations ESA would apply. of private and public lands; Comment: Commenters suggested the and significant visual or noise administrative and emergency functions exception for fuels management be disturbance within 656 ft (200 m) of an carried out by local, State, or Federal limited to emergency fire response or occupied nest are prohibited. Excluded government; and normal agricultural fuel treatment. They noted that there is from this prohibition are emergency practices. no need to risk disturbance to active fuels treatment activities by Federal, Response: We have clarified that the condor nests in a non-emergency State, and local agencies and Tribes to activities provided by the commenters situation. are also exempt from incidental take reduce the risk of catastrophic wildfire Response: We agree and have updated prohibitions, provided the take is and emergency response services. the rule accordingly. unintentional and the activities are Activities such as ranching and use of Comment: Commenters asked if the lawful. Please see the Management existing roads and trails within the 656 existing program has the funding and section above for these changes. ft (200 m) buffer area around an capacity in terms of number of available Comment: Commenters requested that occupied nest would not be considered birds to add a release site at the park. our 10(j) rule include more specific a significant visual or noise disturbance. Response: The Condor Recovery language stating that the construction, Comment: Some commenters Program is based on a broad long-term operation, and maintenance of wind suggested that the proposed 10(j) partnership between FWS and many energy and electric transmission boundary is too large and that it should other partners. Funding for this program facilities would not constitute take. To be reduced to the Klamath Siskiyou does not rely entirely on FWS funds, as address this concern, they suggested bioregion. They noted that because of many partners have other sources of paragraph (i)(2) be amended to remove the time it would take birds to leave the funding to help run the program. In fact, the term ‘‘non-negligent’’ and to currently proposed region, they should a majority of the funding for the specifically add electric transmission have the full protection of the ESA once program comes from outside partners. In and distribution and wind generation they leave. 2017, FWS started to work with our facilities. Response: Experimental population partners to increase the capacity at the Response: Construction, operation, boundaries are generally drawn to existing breeding facilities in order to and maintenance of wind energy and encompass the likely movements of the provide more captive-reared birds for electric transmission facilities may reintroduced population within the release to the wild. Based on these result in take of California condors. foreseeable future. However, they do not efforts, we expect to have additional However, by issuing this rule, we are need to tightly circumscribe that area, birds available for release at Redwood exempting such incidental take and boundaries may be drawn larger to National Park, without impacting our (provided it is lawful and non-negligent) provide assurances to concerned releases at the other release sites. from the prohibitions of the ESA. We stakeholders that individuals from a Comment: Commenters stated that the decline to remove the term ‘‘non- reintroduced experimental population condor recovery program could be negligent’’ as we do not intend to will not be treated as a fully ESA-listed mismanaged and suggested that condors exempt negligent take from the species. Given long-distance movements may have a better chance of surviving if prohibitions of the ESA. observed at other release sites, it is released at an existing site, rather than Comment: One commenter asked that unlikely that condors reintroduced to a new site. the phrase ‘‘unavoidably and Redwood National Park will limit their Response: Along with our partners, unintentionally’’ used in the 10(j) rule movements to the Klamath-Siskiyou we have over a quarter century of be further clarified. The following bioregion in the foreseeable future. experience in raising condors in
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captivity and releasing them into the Comment: Commenters suggested that settlers would have normally used and, wild. Individuals managing the the proposed rule include language that if direct persecution occurred, it was proposed release site have experience at allows buffers to expand if needed. most likely related to condors feeding existing release sites and will be Response: The 656-ft (200-m) buffer on livestock. They also noted that when assisted by the recovery program as distance around occupied nests is game is shot, the carcass is usually needed. We intend to monitor and intended to provide some protection to retrieved, making lead poisoning from manage the population consistent with condor eggs and nestlings. We recognize ammunition unlikely. monitoring and management efforts at that, in certain situations, noise or Response: The probable causes for existing release sites. While we habitat disturbance outside of this buffer condor declines being related to direct acknowledge that survival rates may may cause harassment, or even harm, to persecution, indirect poisoning, and increase with the length of time a an individual condor. We expect these lead poisoning are well documented release site has been active (Bakker et al. instances to be extremely rare, given the (D’Elia and Haig 2013). Condors can 2017), we also must weigh this small number of anticipated breeding travel great distances from their nesting information against the opportunity to condors in the foreseeable future and areas to feed and were documented on reintroduce condors to this portion of its the vastness of the landscape they will numerous occasions by early explorers historic range, which would have long- occupy. For the reasons articulated in and settlers. Condors are obligate term benefits to the overall conservation this final rule (see Management, above), scavengers and are not livestock goals of this species. We have we find that a 656-ft (200-m) buffer predators; however, it is true that some determined that establishing a new distance provides a reasonable balance settlers killed condors under the population—the first in the northern between protection of condors and mistaken belief that condors might harm half of the species’ historical range—is limiting the impact of this their livestock. In addition, there is worth the possibility of slightly lower reintroduction effort on landowners. ample historical evidence of numerous survival rates in the early years of the Comment: Commenters suggested condors being shot for no purpose at all. new reintroduction site. further research regarding preventing While hunters usually retrieve game, Comment: Commenters noted that condor mortality from power lines. misplaced shots may wound animals, landowners should be advised when Response: Over the last 28 years, there and these individuals may carry lead monitored birds have fledged so that have been 18 incidents of condor fragments in their tissues until they die they can comply with the proposed electrocutions. FWS has worked with and the lead becomes available to standards for buffers around occupied two major utility companies in scavengers. Further, many hunters field- nest sites. California to minimize risk of future dress game, leaving nonedible gut piles Response: As part of the condor incidents. PG&E has recently completed that can contain lead fragments. Finally, reintroduction program, monitoring will a California Condor Conservation varmint hunters, typically targeting occur through various methods, as Strategy to reduce risk of electrocution nongame animals such as ground described in the Monitoring and and collisions of condors throughout its squirrels and coyotes, shoot animals and Evaluation section of this rule. Field service area in California. In addition, leave carcasses in the field. crews will, to the best of their ability, PG&E has been working with partners in Comment: Commenters made notify adjacent landowners when the condor recovery program to train suggestions for adding tribal occupied nest sites are identified. NPS, chicks bred in captivity to avoid landing governments to the list of entities able FWS, and the Yurok Tribe have on power poles once they are released. to take condors during the course of coordinated with many surrounding These efforts continue to reduce the risk recovery activities, modifying the fuels landowners and land managers of electrocutions in the wild population. management exception to just throughout the planning process and Comment: Commenters stated that the emergency response activities, and remain committed to working with our statistics of condor survival in the wild clarifying that the Yurok Tribe Natural partners and neighbors during project are skewed because some carcasses are Resource Division is the responsible implementation. returned from the field in such a way agency. Comment: Commenters asked during that it makes it difficult to determine the Response: We thank the commenters which year of the program we would cause of mortality. for the suggestions and have updated review reintroduction efforts. Response: It is not possible to the rule accordingly. Response: We will informally review determine the cause of death for every Comment: Commenters questioned if the status of the reintroduction program condor that dies in the wild, as some non-lead outreach efforts and efforts for on an annual basis. We intend to release carcasses are not located, and some have the voluntary switch to non-lead key information from this informal decayed to the point that the cause of ammunition would occur in Nevada. annual review (e.g., population size, death is indeterminable. The Response: NDOW has implemented number of releases, number of deaths) to information the FWS provides to the some voluntary measures to encourage the public. Our formal status review of public acknowledges that the data is hunters to switch to non-lead the reintroduction program, where we limited to birds that we have been able ammunition. In 2015, NDOW will assess whether we should continue to retrieve and determine the cause of collaborated with the North American or discontinue the reintroduction death. However, given the large sample Non-lead Partnership to train hunter program in the Pacific Northwest, will of condors for which cause of death has education instructors about non-lead likely occur within the first 5 years of been determined (n = 185), it is likely ammunition. Non-lead ammunition the program. The review cycles will be that our data on mortality sources are outreach is now included in all hunter aligned from that point forward. Based representative of the mortality sources education training in Nevada. In on our experiences releasing California in the population. addition, Nevada also has a regulation condors in other areas, we caution that Comment: Commenters questioned mandating the use of nontoxic shot on evaluating whether or not the program statements that describe the historical all Nevada Wildlife Management Areas is successful—and, therefore, whether it range of the California condor and note (NAC 503.183). should continue—could take at least the causes of California condor decline. Comment: Commenters stated that two decades (i.e., several 5-year review They note that the condor’s preferred past studies show that the lead cycles). nesting habitats were not in areas that ammunition ban would not be effective
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in reducing the rates of lead in rapid response if contamination related • Provided, in response to comments, California condors because there are to mortalities occur. additional examples of otherwise lawful other sources of lead in the Response: As at existing release sites, activities that are exempt from environment. They requested that the field crews will closely monitor released incidental take prohibitions. NEP include a special rule protecting all condors and perform regular heath • Provided, in response to comments, aspects of hunting, including use of all checks. If we detect toxicants are additional examples of specific types of ammunition. making condors sick or causing activities that would be prohibited Response: There is consensus, based mortality, we will attempt to address the around occupied nests. on decades of scientific research, that source(s) of contamination as rapidly as • Changed, at the request of the lead ammunition is the primary source possible. Yurok Tribe, the entity that may take of lead toxicosis in California condors. Comment: Commenters expressed condors to aid in their recovery from the While other sources of lead (e.g., lead concern regarding the establishment of Yurok Wildlife Department to the Yurok paint) exist in the environment, a new wind project near Cape Tribe Natural Resource Division. Mendocino and the potential impact instances of these sources poisoning Findings California condors are extremely rare that project could have on the compared to poisoning from lead reintroduced population of condors. Based on the best scientific and ammunition. This rule does not restrict Response: To date, after more than 20 commercial data available (in lawful hunting and does not mandate years of releasing California condors in accordance with 50 CFR 17.81), we find the use any specific type of areas with extensive wind energy that releasing the California condors ammunition. development, we have not observed a into Redwood National Park with the Comment: Commenters stated that single condor mortality from collisions regulatory provisions in this final condors can be exposed to many with wind turbines. In addition, the rulemaking will further the conservation contaminants. Contaminants of concern amount of wind energy development of the species. The nonessential included mercury, anticoagulant (existing and proposed) is far less than experimental population status is rodenticides, DDT, and heavy metals the existing wind energy development appropriate for the reintroduced from mining activities. Commenters in occupied condor habitat in southern population because we have determined stated there should be further study of and central California. Nevertheless, we that it is not essential to the continued the threats of emerging chemicals on recognize that poorly sited wind energy existence of the species in the wild. infrastructure can pose a threat to condors and suggested that current Required Determinations statistics may underestimate the condors. Project proponents for wind mortality resulting from these sources projects in northern California have Regulatory Planning and Review because the cause of death for many publicly expressed a willingness to (Executive Orders 12866 and 13563) work with the condor program and birds is undetermined. They also Executive Order 12866 provides that implement technology that can shut suggested that exposure to these the Office of Information and Regulatory down turbines if a monitored condor chemicals may be considered ‘‘take’’ Affairs (OIRA) in the Office of flies close to a facility. We will seek to under the proposed rule. Management and Budget will review all cooperate with energy producers for all Response: While we cannot determine significant rules. OIRA has determined existing and proposed energy projects in the cause of death for every individual that this rule is not significant. the region. condor, our mortality data indicate that, Executive Order 13563 reaffirms the of the known causes of death, Summary of Changes From Proposed principles of E.O. 12866 while calling contaminants (not including lead), make Rule for improvements in the nation’s up a very small proportion of deaths In the final rule we have: regulatory system to promote (USFWS 2020, p. 3). Nevertheless, we • Clarified that fuels treatments that predictability, to reduce uncertainty, intend to monitor the health of released are considered an emergency are exempt and to use the best, most innovative, condors and assess contaminant loads from the prohibited actions within 656 and least burdensome tools for in condors during health screenings and ft (200 m) of occupied nests. achieving regulatory ends. The when we retrieve deceased condors in • Added Tribal and local executive order directs agencies to the field. We welcome additional governments to the list of entities that consider regulatory approaches that research into exposure rates and are exempt from the prohibitions within reduce burdens and maintain flexibility impacts of contaminants on condor 656 ft (200 m) of occupied nests when and freedom of choice for the public demography. In this rule, we are conducting emergency fuels treatments where these approaches are relevant, exempting incidental take associated to reduce the risk of catastrophic feasible, and consistent with regulatory with lawful activities that is non- wildfire. objectives. E.O. 13563 emphasizes negligent and unintentional. Habitat • Added an exemption to the further that regulations must be based alteration and significant visual and prohibitions within 656 ft (200 m) of on the best available science and that noise disturbance within 656 ft (200 m) occupied nests for responses to wildfire the rulemaking process must allow for of an occupied nest are prohibited. Use or other emergencies. public participation and an open of pesticides in compliance with EPA • Clarified that activities such as exchange of ideas. We have developed labels would not be prohibited within ranching and use of existing roads and this rule in a manner consistent with the NEP, whereas, use of pesticides out trails would not be considered a these requirements. of compliance with EPA labels that significant visual or noise disturbance Regulatory Flexibility Act (5 U.S.C. 601 results in take would be a violation of occurring within 656 ft (200 m) of an et seq.) the ESA. occupied nest. Comment: Comments expressed • Clarified that we use the phrase Under the Regulatory Flexibility Act specific concerns about the use of ‘‘unavoidably and unintentionally’’ to (as amended by the Small Business rodenticides in illegal marijuana mean take that is not done on purpose Regulatory Enforcement Fairness Act growing sites. They requested that the and that occurs despite exerting (SBREFA) of 1996; 5 U.S.C. 60 et seq.), 10(j) designation include a plan for reasonable care to avoid take. whenever a Federal agency is required
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to publish a notice of rulemaking for section 7 of the Act. As a result, and in requirements on any city, county, or any proposed or final rule, it must accordance with our regulations, some other local municipalities. prepare, and make available for public modifications to proposed Federal (2) This rule would not produce a comment, a regulatory flexibility actions within National Wildlife Federal mandate of $100 million or analysis that describes the effect of the Refuges and National Park System lands greater in any year (i.e., it is not a rule on small entities (i.e., small may occur to benefit the California ‘‘significant regulatory action’’ under businesses, small organizations, and condor, but we do not expect projects to the Unfunded Mandates Reform Act). small government jurisdictions). be substantially modified because these This NEP designation for the California However, no regulatory flexibility lands are already administered in a condor would not impose any analysis is required if the head of an manner that is compatible with additional management or protection agency certifies that the rule will not California condor conservation. requirements on the States or other have a significant economic impact on This rule broadly authorizes entities. a substantial number of small entities. incidental take of the California condor Takings (E.O. 12630) SBREFA amended the Regulatory within the NEP area. The regulations In accordance with Executive Order Flexibility Act to require Federal implementing the Act define 12630, the rule does not have significant agencies to provide a statement of the ‘‘incidental take’’ as take that is takings implications. When factual basis for certifying that a rule incidental to, and not the purpose of, reintroduced populations of federally will not have a significant economic the carrying out of an otherwise lawful listed species are designated as impact on a substantial number of small activity, such as agricultural activities nonessential experimental populations, entities. We certify that this rule would and other rural development, camping, the Act’s regulatory requirements not have a significant economic effect hiking, hunting, vehicle use of roads regarding the reintroduced population on a substantial number of small and highways, and other activities in are significantly reduced. This rule entities. The following discussion the NEP areas that are in accordance explains our rationale. would allow for the taking of with Federal, Tribal, State, and local reintroduced California condors when The areas that would be affected laws and regulations. Intentional take under this rule include the release site such take is incidental to an otherwise for purposes other than authorized data legal activity, with a minor exception at Redwood National Park and areas collection or recovery purposes would where individual California condors are that incidental take resulting from not be authorized. Intentional take for habitat alteration and significant visual likely to disperse. Because of the research or recovery purposes would regulatory flexibility for Federal agency or noise disturbance within 656 ft (200 require a section 10(a)(1)(A) recovery m) of occupied condor nests is actions provided by the NEP permit under the Act. designation and the exemption for prohibited. The principal activities on private incidental take in the rule (with a minor A takings implication assessment is exception around occupied nests), we property near the proposed release site not required because this rule: (1) do not expect this rule to have are recreation, timber production, Would not effectively compel a property significant effects on any activities agriculture, and activities associated owner to suffer a physical invasion of within Federal, State, or private lands with private residences. The presence of property, and (2) would not deny all within the NEP. In regard to section the California condor will not economically beneficial or productive 7(a)(2) of the Act, the population would significantly affect the use of lands for use of the land or aquatic resources. be treated as proposed for listing, and these purposes because—with a minor This rule would substantially advance a Federal action agencies are not required exception around occupied condor legitimate government interest to consult on their activities, except on nests—there will be no new or (conservation and recovery of a listed National Wildlife Refuges and National additional economic or regulatory species) and would not present a barrier Park System lands, where the NEP is restrictions imposed upon States, non- to all reasonable and expected beneficial treated as a threatened species for the Federal entities, or private landowners uses of private property. due to the presence of the California purposes of section 7 of the Act. Federalism (E.O. 13132) Section 7(a)(4) of the Act requires condor (NPS, 2018). Therefore, this Federal agencies to confer (rather than rulemaking is not expected to have any In accordance with Executive Order consult) with the Service on actions that significant adverse impacts to activities 13132, we have considered whether this are likely to jeopardize the continued on private lands within the NEP area. rule has significant Federalism effects and have determined that a Federalism existence of a species proposed for Unfunded Mandates Reform Act (2 assessment is not required. This rule listing. However, because the NEP is, by U.S.C. 1501 et seq.) definition, not essential to the survival would not have substantial direct effects of the species, conferring will likely In accordance with the Unfunded on the States, on the relationship never be required for the California Mandates Reform Act (2 U.S.C. 1501 et between the Federal Government and condor population within the NEP area. seq.): the States, or on the distribution of Further, the results of a conference are (1) This rule would not ‘‘significantly power and responsibilities among the advisory in nature and do not restrict or uniquely’’ affect small governments. various levels of government. In keeping agencies from carrying out, funding, or We have determined and certify with Department of the Interior policy, authorizing activities. Section 7(a)(1) of pursuant to the Unfunded Mandates we requested information from and the Act requires Federal agencies to use Reform Act, 2 U.S.C. 1502 et seq., that, coordinated development of this rule their authorities to carry out programs to if adopted, this rulemaking would not with the affected resource agencies in further the conservation of listed impose a cost of $100 million or more California, Nevada, and Oregon. species, which would apply on any in any given year on local or State Achieving the recovery goals for this lands within the NEP areas. On National governments or private entities. A Small species will contribute to its eventual Wildlife Refuges and National Park Government Agency Plan is not delisting and return to State System lands within the NEP, the required. Small governments would not management. No intrusion on State California condor would be treated as a be affected because the NEP designation policy or administration is expected, threatened species for the purposes of would not place additional roles or responsibilities of Federal or
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State governments would not change, An agency may not conduct or significantly affect energy supplies, and fiscal capacity would not be sponsor, and a person is not required to distribution, and use. Therefore, this substantially directly affected. The rule respond to, a collection of information action is not a significant energy action operates to maintain the existing unless it displays a currently valid OMB and no Statement of Energy Effects is relationship between the State and the control number. required. Federal Government and is being National Environmental Policy Act References Cited undertaken in coordination with the States of California, Nevada, and In compliance with all provisions of A complete list of all references cited Oregon. We have cooperated with the National Environmental Policy Act in this final rule is available online at CDFW, the NDOW, and ODFW in the of 1969 (NEPA), we have analyzed the http://www.regulations.gov in Docket preparation of this final rule. Therefore, impact of this final rule. In cooperation No. FWS–R1–ES–2018–0033 or upon this rule does not have significant with the NPS and the Yurok Tribe, we request from the Pacific Region Office Federalism effects or implications to have prepared an environmental (see FOR FURTHER INFORMATION CONTACT). warrant the preparation of a Federalism assessment on this action and have Author assessment pursuant to the provisions of made it available for public inspection Executive Order 13132. (see ADDRESSES). The primary author of this final rule is Jesse D’Elia of the Pacific Regional Civil Justice Reform (E.O. 12988) Government-to-Government Relationship With Tribes Office (see FOR FURTHER INFORMATION In accordance with Executive Order CONTACT). In accordance with the President’s 12988 (February 7, 1996, 61 FR 4729), memorandum of April 29, 1994, List of Subjects in 50 CFR 17 the Office of the Solicitor has ‘‘Government-to-Government Relations determined that this rule would not with Native American Tribal Endangered and threatened species, unduly burden the judicial system and Governments’’ (59 FR 229511), Exports, Imports, Reporting and would meet the requirements of sections Executive Order 13175, and the recordkeeping requirements, (3)(a) and (3)(b)(2) of the Order. Department of the Interior Manual Transportation. Paperwork Reduction Act Chapter 512 DM 2, we have coordinated Regulation Promulgation closely with the Tribal governments This rule does not contain any new near the release site throughout the Accordingly, we are amending part collection of information that requires development of this rule. In 17, subchapter B of chapter I, title 50 of approval by the Office of Management collaboration with the NPS, we the Code of Federal Regulations, as set and Budget (OMB) under the Paperwork extended an invitation for government- forth below: Reduction Act of 1995 (44 U.S.C. 3501 to-government consultation to all et seq.). OMB has previously approved PART 17—ENDANGERED AND federally recognized Tribes in the NEP THREATENED WILDLIFE AND PLANTS the information collection requirements area, have formally met with tribes that associated with permitting and have requested government-to- reporting requirements associated with ■ 1. The authority citation for part 17 government consultation, and have fully continues to read as follows: native endangered and threatened considered information and comments species, and experimental populations, received through the consultation Authority: 16 U.S.C. 1361–1407; 1531– and assigned the following OMB process. We have also considered all 1544; and 4201–4245, unless otherwise noted. Control Numbers: comments received from Tribes and • 1018–0094, ‘‘Federal Fish and tribal members during the public ■ 2. Amend § 17.11(h) by revising the Wildlife Permit Applications and comment period. entry for ‘‘Condor, California’’ under Reports—Native Endangered and BIRDS in the List of Endangered and Energy Supply, Distribution, or Use Threatened Species; 50 CFR 10, 13, and Threatened Wildlife to read as follows: 17’’ (expires 03/31/2021), and (E.O. 13211) • 1018–0095, ‘‘Endangered and Executive Order 13211 requires § 17.11 Endangered and threatened Threatened Wildlife, Experimental agencies to prepare Statements of wildlife. Populations, 50 CFR 17.84’’ (expires 9/ Energy Effects when undertaking certain * * * * * 30/2023). actions. This rule is not expected to (h) * * *
Common name Scientific name Where listed Status Listing citations and applicable rules
******* BIRDS
******* Condor, California ...... Gymnogyps californianus .. U.S.A. only, except where listed as E 32 FR 4001, 3/11/1967; 61 FR an experimental population. 54045, 10/16/1996; 50 CFR 17.95(b)CH. Condor, California ...... Gymnogyps californianus .. U.S.A. (specific portions of Arizona, XN 61 FR 54045, 10/16/1996; 50 CFR Nevada, and Utah)—see 17.84(j) 10j. § 17.84(j). Condor, California ...... Gymnogyps californianus .. U.S.A. (Oregon, and specific por- XN 86 FR [Insert Federal Register tions of northern California and page where the document be- northwest Nevada)—see § 17.84(i). gins], 3/24/2021; 50 CFR 17.84(i) 10j.
*******
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■ 3. Amend § 17.84 by adding paragraph (i) The western boundary of the NEP State Route 20 to U.S. Route 95 in (i) to read as follows: is the Submerged Lands Act boundary Nevada. The eastern boundary of the line along the Pacific coast. The NEP is U.S. Route 95 in Nevada to the § 17.84 Special rules—vertebrates. southern boundary of the NEP is formed State boundary of Oregon and then east * * * * * by: An east-west line from California’s and north along Oregon’s southern and (i) California condor (Gymnogyps Submerged Lands Act boundary to Hare eastern boundaries, respectively. The californianus). Creek; Hare Creek from the Pacific northern boundary of the NEP is the (1) Where is the California condor Ocean to its junction with California State boundary between Oregon and designated as a nonessential Washington. All highway boundaries experimental population (NEP)? The State Route 1; north to the junction of are inclusive of the entire highway right NEP area for the California condor is State Route 1 and State Route 20; east of way. within the species’ historical range in along California State Route 20 to where northern California, northwestern it meets Interstate 80; and Interstate 80 (ii) Map follows: Nevada, and Oregon. from its intersection with California BILLING CODE 4333–15–P
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Nonessential Experimental Population for the California Condor in the Pacific Northwest
Washington
PACIFIC OCEAN
N NEP A * Reintroduction site OR ID • City Kilometers 0 80 160 /\/ Highway CA NV I II1 I I I I I II LII (I I LJ State 0 5.0 100 Miles Q County
BILLING CODE 4333–15–C California condors. The released (iv) We do not intend to change the (iii) We are designating the population is expected to remain in the status of this nonessential population experimental population area to experimental area for the foreseeable unless: accommodate the potential future future (approximately 20 years) due to (A) The California condor is recovered movements of a wild population of the geographic extent of the designation. and subsequently removed from the list
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in § 17.11(h) in accordance with the Act; of Wildlife, or Oregon Department of (iii) Significant visual or noise or Fish and Wildlife who is designated and disturbance (e.g., tree felling, chainsaws, (B) The reintroduction is not trained for such purposes, when acting helicopter overflights, concrete cutters, successful and the regulations in this in the course of official duties, may take fireworks, explosives) within 656 ft (200 paragraph (i) are revoked. a California condor within the NEP area m) of an occupied nest is prohibited, (v) Legal actions or other if such action is necessary: except for emergency fuels treatment circumstances may compel a change in (A) For scientific purposes; activities by Federal, State, Tribal, or this nonessential experimental (B) To relocate or haze California local government agencies to reduce the population’s legal status to essential, condors within the experimental risk of catastrophic wildfire or during threatened, or endangered, or compel population area to improve California responses to wildfire or other the Service to designate critical habitat condor survival or recovery; emergencies. Activities such as ranching for the California condors within the (C) To relocate California condors that and use of existing roads and trails experimental population area defined in have moved outside the experimental would not be considered a significant this rule. If this happens, all California population area; visual or noise disturbance. condors will be removed from the area (D) To transport California condors to (iv) You must not possess, sell, and this experimental population rule and from veterinary facilities or captive- deliver, carry, transport, ship, import, or will be withdrawn, unless the breeding facilities; export, by any means whatsoever, any participating parties in the (E) To address conflicts with ongoing California condor or part thereof from reintroduction effort agree that the or proposed activities in an attempt to the experimental population taken in condors should remain in the wild. improve California condor survival; violation of this paragraph (i) or in Changes in the legal status and/or (F) To aid a sick, injured, or orphaned violation of applicable tribal or State removal of this population of California California condor; laws or regulations or the Act. condors will be made in compliance (G) To salvage a dead specimen that (v) It is unlawful for you to attempt to with any applicable Federal rulemaking may be useful for scientific study; commit, solicit another to commit, or and other procedures. (H) To dispose of a dead specimen; or (vi) We will not designate critical (I) To aid in law enforcement cause to be committed, any take of the habitat for this NEP, as provided by 16 investigations involving the California California condor, except as expressly U.S.C. 1539(j)(2)(C)(ii). condor. allowed in paragraph (i)(2) of this (2) What take of the California condor (iii) Any take pursuant to paragraphs section. is allowed in the NEP area? (i) (i)(2)(i), (i)(2)(ii)(F), (i)(2)(ii)(G), or (4) How will the effectiveness of this Throughout the California condor NEP, (i)(2)(ii)(H) of this section must be reintroduction be monitored? The status you will not be in violation of the Act reported as soon as possible to the of the reintroduction project will receive if you unavoidably and unintentionally California Condor Field Coordinator, an informal review on an annual basis, take a California condor (except as California Condor Recovery Office, 2493 and we will evaluate the reintroduction noted in paragraph (i)(3)(ii) of this Portola Road, Suite A, Ventura, program to determine whether to section), provided such take is non- California 93003, (805/644–5185), who continue or terminate reintroductions negligent, incidental to a lawful activity will determine the disposition of any every 5 years as part of our 5-year status (i.e., not done on purpose), and you live or dead specimens. review for the species. report the take as soon as possible as (3) What take of the California condor (i) This evaluation will include, but provided under paragraph (i)(2)(iii) of is not allowed in the NEP area? For the will not be limited to: A review of this section. The phrase ‘‘unavoidably purposes of this rule, an occupied management issues; California condor and unintentionally’’ means take that California condor nest is defined as a movements and post-release behavior; occurs despite the exertion of nest that is attended by a breeding pair assessment of food resources and reasonable care to avoid take. Examples of condors, occupied by a condor egg, or dependence of California condors on of activities that will not violate the take occupied or attended by a condor less supplemental food; fecundity of the prohibitions of this section include, but than 1 year of age. population; causes and rates of are not limited to: Legal hunting of (i) Except as expressly allowed in mortality; project costs; public species other than condors; recreational paragraph (i)(2) of this section, all of the acceptance; and progress toward shooting; ranching; farming; existing provisions of § 17.31(a) and (b) apply to establishing a self-sustaining authorized uses of private and public the California condor in areas identified population. lands; driving; recreational activities; in paragraph (i)(1) of this section, and (ii) If a formal evaluation indicates the and administrative and emergency any manner of take not described under project is experiencing a 40 percent or functions carried out by local, State, or paragraph (i)(2) of this section is greater mortality rate over multiple Federal government agencies. prohibited in the NEP. years or released California condors are (ii) Any person with a valid permit (ii) Habitat alteration (e.g., removing not finding food on their own, serious issued by the Service under § 17.32 may trees, erecting structures, altering the consideration will be given to take California condors in the wild in nest structure or perches near the nest) terminating the project. the experimental population area, within 656 ft (200 m) of an occupied * * * * * pursuant to the terms of the permit. nest is prohibited, except for emergency Additionally, any employee or agent of fuels treatment activities by Federal, Martha Williams, the Service, National Park Service, State, Tribal, or local government Principal Deputy Director, Exercising the Yurok Tribe Natural Resource Division, agencies to reduce the risk of Delegated Authority of the Director, U.S. Fish California Department of Parks and catastrophic wildfire or during and Wildlife Service. Recreation, California Department of responses to wildfire or other [FR Doc. 2021–05646 Filed 3–23–21; 8:45 am] Fish and Wildlife, Nevada Department emergencies. BILLING CODE 4333–15–P
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Proposed Rules Federal Register Vol. 86, No. 55
Wednesday, March 24, 2021
This section of the FEDERAL REGISTER for Docket ID NRC–2020–0274. Address adams.html. To begin the search, select contains notices to the public of the proposed questions about NRC dockets to Dawn ‘‘Begin Web-based ADAMS Search.’’ For issuance of rules and regulations. The Forder; telephone: 301–415–3407; problems with ADAMS, please contact purpose of these notices is to give interested email: [email protected]. For the NRC’s Public Document Room (PDR) persons an opportunity to participate in the technical questions contact the reference staff at 1–800–397–4209, 301– rule making prior to the adoption of the final rules. individuals listed in the FOR FURTHER 415–4737, or by email to pdr.resource@ INFORMATION CONTACT section of this nrc.gov. For the convenience of the document. reader, instructions about obtaining NUCLEAR REGULATORY • Email comments to: materials referenced in this document COMMISSION [email protected]. If you are provided in the ‘‘Availability of do not receive an automatic email reply Documents’’ section. 10 CFR Part 72 confirming receipt, then contact us at • Attention: The Public Document Room (PDR), where you may examine [NRC–2020–0274] 301–415–1677. • Mail comments to: Secretary, U.S. and order copies of public documents, RIN 3150–AK57 Nuclear Regulatory Commission, is currently closed. You may submit Washington, DC 20555–0001, ATTN: your request to the PDR via email at List of Approved Spent Fuel Storage Rulemakings and Adjudications Staff. [email protected] or call 1–800– Casks: TN Americas LLC Standardized For additional direction on obtaining 397–4209 between 8:00 a.m. and 4:00 ® NUHOMS Horizontal Modular Storage information and submitting comments, p.m. (EST), Monday through Friday, System, Certificate of Compliance No. see ‘‘Obtaining Information and except Federal holidays. 1004, Renewed Amendment No. 17 Submitting Comments’’ in the B. Submitting Comments AGENCY: Nuclear Regulatory SUPPLEMENTARY INFORMATION section of this document. The NRC encourages electronic Commission. comment submission through the FOR FURTHER INFORMATION CONTACT: Yen- ACTION: Proposed rule. Federal Rulemaking website (https:// Ju Chen, Office of Nuclear Material www.regulations.gov). Please include SUMMARY: The U.S. Nuclear Regulatory Safety and Safeguards; telephone: 301– Docket ID NRC–2020–0274 in your Commission (NRC) is proposing to 415–1018; email: [email protected] comment submission. amend its regulations by revising the TN or Alexa Sieracki, Office of Nuclear ® The NRC cautions you not to include Americas LLC Standardized NUHOMS Material Safety and Safeguards; Horizontal Modular Storage System identifying or contact information that telephone: 301–415–7509; email: you do not want to be publicly listing within the ‘‘List of approved [email protected]. Both are staff of disclosed in your comment submission. spent fuel storage casks’’ to include the U.S. Nuclear Regulatory The NRC will post all comment Renewed Amendment No. 17 to Commission, Washington, DC 20555– submissions at https:// Certificate of Compliance No. 1004. 0001. www.regulations.gov as well as enter the Because this amendment is subsequent SUPPLEMENTARY INFORMATION: comment submissions into ADAMS. to the renewal of the TN Americas LLC The NRC does not routinely edit Standardized NUHOMS® Horizontal Table of Contents comment submissions to remove Modular Storage System Certificate of I. Obtaining Information and Submitting identifying or contact information. Compliance No. 1004 and, therefore, Comments If you are requesting or aggregating subject to the Aging Management II. Rulemaking Procedure comments from other persons for Program requirements of the renewed III. Background submission to the NRC, then you should certificate, it is referred to as ‘‘Renewed IV. Plain Writing inform those persons not to include Amendment No. 17.’’ Renewed V. Availability of Documents identifying or contact information that Amendment No. 17 revises the I. Obtaining Information and they do not want to be publicly certificate of compliance technical Submitting Comments disclosed in their comment submission. specifications to add Heat Load Zoning Your request should state that the NRC Configurations 11–13 for the 61BTH A. Obtaining Information does not routinely edit comment Type 2 dry shielded canister and change Please refer to Docket ID NRC–2020– submissions to remove such information the maximum assembly heat load from 0274 when contacting the NRC about before making the comment 1.2k W to 1.7 kW. This amendment also the availability of information for this submissions available to the public or includes minor clarifications to the action. You may obtain publicly entering the comment into ADAMS. certificate of compliance. available information related to this DATES: Submit comments by April 23, action by any of the following methods: II. Rulemaking Procedure 2021. Comments received after this date • Federal Rulemaking Website: Go to Because the NRC considers this action will be considered if it is practical to do https://www.regulations.gov and search to be non-controversial, the NRC is so, but the NRC is able to ensure for Docket ID NRC–2020–0274. publishing this proposed rule consideration only for comments • NRC’s Agencywide Documents concurrently with a direct final rule in received on or before this date. Access and Management System the Rules and Regulations section of this ADDRESSES: You may submit comments (ADAMS): You may obtain publicly issue of the Federal Register. The direct by any of the following methods. available documents online in the final rule will become effective on June • Federal Rulemaking Website: Go to ADAMS Public Documents collection at 7, 2021. However, if the NRC receives https://www.regulations.gov and search https://www.nrc.gov/reading-rm/ any significant adverse comment by
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April 23, 2021, then the NRC will (3) The comment causes the NRC to subpart K in part 72 of title 10 of the publish a document that withdraws the make a change (other than editorial) to Code of Federal Regulations (10 CFR) direct final rule. If the direct final rule the rule. entitled ‘‘General License for Storage of is withdrawn, the NRC will address the For a more detailed discussion of the Spent Fuel at Power Reactor Sites’’ (55 comments in a subsequent final rule. proposed rule changes and associated FR 29181; July 18, 1990). This rule also Absent significant modifications to the analyses, see the direct final rule established a new subpart L in 10 CFR proposed revisions requiring published in the Rules and Regulations part 72 entitled ‘‘Approval of Spent Fuel republication, the NRC will not initiate section of this issue of the Federal Storage Casks,’’ which contains a second comment period on this action Register. procedures and criteria for obtaining in the event the direct final rule is NRC approval of spent fuel storage cask III. Background withdrawn. designs. The NRC subsequently issued a A significant adverse comment is a Section 218(a) of the Nuclear Waste final rule on December 22, 1994 (59 FR comment where the commenter Policy Act of 1982, as amended, 65898), that approved the TN Americas explains why the rule would be requires that ‘‘[t]he Secretary [of the LLC Standardized NUHOMS® inappropriate, including challenges to Department of Energy] shall establish a Horizontal Modular Storage System the rule’s underlying premise or demonstration program, in cooperation design and added it to the list of NRC- approach, or would be ineffective or with the private sector, for the dry approved cask designs provided in unacceptable without a change. A storage of spent nuclear fuel at civilian § 72.214 as Certificate of Compliance comment is adverse and significant if: nuclear power reactor sites, with the No. 1004. (1) The comment opposes the rule and objective of establishing one or more IV. Plain Writing provides a reason sufficient to require a technologies that the [Nuclear substantive response in a notice-and- Regulatory] Commission may, by rule, The Plain Writing Act of 2010 (Pub. comment process. For example, a approve for use at the sites of civilian L. 111–274) requires Federal agencies to substantive response is required when: nuclear power reactors without, to the write documents in a clear, concise, (a) The comment causes the NRC to maximum extent practicable, the need well-organized manner. The NRC has reevaluate (or reconsider) its position or for additional site-specific approvals by written this document to be consistent conduct additional analysis; the Commission.’’ Section 133 of the with the Plain Writing Act as well as the (b) The comment raises an issue Nuclear Waste Policy Act states, in part, Presidential Memorandum, ‘‘Plain serious enough to warrant a substantive that ‘‘[t]he Commission shall, by rule, Language in Government Writing,’’ response to clarify or complete the establish procedures for the licensing of published June 10, 1998 (63 FR 31885). record; or any technology approved by the The NRC requests comment on the (c) The comment raises a relevant Commission under Section 219(a) [sic: proposed rule with respect to clarity issue that was not previously addressed 218(a)] for use at the site of any civilian and effectiveness of the language used. or considered by the NRC. nuclear power reactor.’’ V. Availability of Documents (2) The comment proposes a change To implement this mandate, the or an addition to the rule, and it is Commission approved dry storage of The documents identified in the apparent that the rule would be spent nuclear fuel in NRC-approved following table are available to ineffective or unacceptable without casks under a general license by interested persons through one or more incorporation of the change or addition. publishing a final rule that added a new of the following methods, as indicated.
ADAMS Accession No./ Document Federal Register Citation
TN Americas LLC, Submittal of Application for Amendment 17 to Standardized NUHOMS® Certificate of Compli- ML20174A089 (package). ance No. 1004 for Spent Fuel Storage Casks, Revision 0. TN America, LLC—Response to Request for Additional Information—Application for Amendment 17 to Standard- ML20255A206 (package). ized NUHOMS® Certificate of Compliance No. 1004 for Spent Fuel Storage Casks, Revision 1 (Docket No. 72– 1004. CAC No. 001028, EPID: L–2020–LLA–0128). User Need Memo for Rulemaking for the Standardized NUHOMS® System, Certificate of Compliance No. 1004, ML20308A485 (package). Renewed Amendment No. 17.
The NRC may post materials related For the Nuclear Regulatory Commission. DEPARTMENT OF HOMELAND to this document, including public Margaret M. Doane, SECURITY comments, on the Federal Rulemaking Executive Director for Operations. Coast Guard website at https://www.regulations.gov [FR Doc. 2021–06077 Filed 3–23–21; 8:45 am] under Docket ID NRC–2020–0274. The BILLING CODE 7590–01–P Federal Rulemaking website allows you 33 CFR Part 165 to receive alerts when changes or [Docket Number USCG–2020–0458] additions occur in a docket folder. To RIN 1625–AA00 subscribe: (1) Navigate to the docket folder (NRC–2020–0274); (2) click the Safety Zone; Apra Outer Harbor, Naval ‘‘Sign up for Email Alerts’’ link; and (3) Base Guam enter your email address and select how frequently you would like to receive AGENCY: Coast Guard, DHS. emails (daily, weekly, or monthly). ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard is proposing to establish a recurring safety zone for
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certain waters of Apra Outer Harbor. 9 p.m. during the first week of July. The fields, and governmental jurisdictions This action is necessary to provide for safety zone would cover all navigable with populations of less than 50,000. the safety of life on these navigable waters within 190 yards of the fireworks The Coast Guard certifies under 5 U.S.C. waters near Apra Harbor, Guam, during barge located in Apra Outer Harbor. The 605(b) that this proposed rule would not fireworks displays. This proposed duration of the zone is intended to have a significant economic impact on rulemaking would prohibit persons and ensure the safety of vessels and these a substantial number of small entities. vessels from entering the safety zone navigable waters before, during, and While some owners or operators of unless authorized by the Captain of the after the scheduled 6 p.m. to 9 p.m. vessels intending to transit the safety Port Guam (COTP) or a designated fireworks display. No vessel or person zone may be small entities, for the representative. We invite your would be permitted to enter the safety reasons stated in section IV.A above, comments on this proposed rulemaking. zone without obtaining permission from this proposed rule would not have a DATES: Comments and related material the COTP or a designated significant economic impact on any must be received by the Coast Guard on representative. The regulatory text we vessel owner or operator. or before April 23, 2021. are proposing appears at the end of this If you think that your business, ADDRESSES: You may submit comments document. organization, or governmental jurisdiction qualifies as a small entity identified by docket number USCG– IV. Regulatory Analyses 2020–0458 using the Federal and that this rule would have a eRulemaking Portal at https:// We developed this proposed rule after significant economic impact on it, www.regulations.gov. See the ‘‘Public considering numerous statutes and please submit a comment (see Participation and Request for Executive orders related to rulemaking. ADDRESSES) explaining why you think it Comments’’ portion of the Below we summarize our analyses qualifies and how and to what degree SUPPLEMENTARY INFORMATION section for based on a number of these statutes and this rule would economically affect it. further instructions on submitting Executive orders, and we discuss First Under section 213(a) of the Small comments. Amendment rights of protestors. Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), A. Regulatory Planning and Review FOR FURTHER INFORMATION CONTACT: If we want to assist small entities in you have questions about this proposed Executive Orders 12866 and 13563 understanding this proposed rule. If the rulemaking, call or email Chief Petty direct agencies to assess the costs and rule would affect your small business, Officer Robert Davis, Sector Guam, U.S. benefits of available regulatory organization, or governmental Coast Guard; telephone 671–355–4866, alternatives and, if regulation is jurisdiction and you have questions email [email protected]. necessary, to select regulatory concerning its provisions or options for SUPPLEMENTARY INFORMATION: approaches that maximize net benefits. compliance, please call or email the I. Table of Abbreviations This NPRM has not been designated a person listed in the FOR FURTHER ‘‘significant regulatory action,’’ under INFORMATION CONTACT section. The Coast CFR Code of Federal Regulations Executive Order 12866. Accordingly, Guard will not retaliate against small DHS Department of Homeland Security the NPRM has not been reviewed by the entities that question or complain about FR Federal Register Office of Management and Budget NPRM Notice of proposed rulemaking this proposed rule or any policy or § Section (OMB). action of the Coast Guard. U.S.C. United States Code This regulatory action determination is based on the size, location, duration, C. Collection of Information II. Background, Purpose, and Legal and time-of-year of the safety zone. This proposed rule would not call for Basis Vessel traffic will be able to safely a new collection of information under Navy MWR conducts a recurring transit around this safety zone, which the Paperwork Reduction Act of 1995 fireworks display between 6 p.m. and 9 will impact a small designated area of (44 U.S.C. 3501–3520). p.m. during the 1st week of July. The the Apra Outer Harbor for 3 hours. The D. Federalism and Indian Tribal fireworks are launched from a barge safety zone will impact a small section Governments positioned in Apra Outer Harbor. of the main channel for Navy traffic, Hazards from firework display include however Navy traffic will be able to A rule has implications for federalism accidental discharge of fireworks, transit around the area safely. This is under Executive Order 13132 dangerous projectiles, and falling hot also the main traffic area for the (Federalism), if it has a substantial embers or other debris. The Captain of Marianas Yacht Club in Sasa Bay, direct effect on the States, on the the Port Guam (COTP) has determined however vessels will be able to transit relationship between the National that potential hazards associated with around the area safely. Moreover, the Government and the States, or on the the fireworks to be used in this display Coast Guard will issue a Broadcast distribution of power and would be a safety concern for anyone Notice to Mariners via VHF–FM marine responsibilities among the various within a 190-yard radius of the barge. channel 16 about the zone, and the rule levels of government. We have analyzed The purpose of this rulemaking is to allows vessels to seek permission to this proposed rule under that Order and ensure the safety of vessels and of the enter the zone. have determined that it is consistent navigable waters within a 190-yard with the fundamental federalism B. Impact on Small Entities radius of the fireworks barge before, principles and preemption requirements during, and after the scheduled event. The Regulatory Flexibility Act of described in Executive Order 13132. The Coast Guard is proposing this 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have rulemaking under its authority in 46 requires Federal agencies to consider tribal implications under Executive U.S.C. 70034 (previously 33 U.S.C. the potential impact of regulations on Order 13175 (Consultation and 1231). small entities during rulemaking. The Coordination with Indian Tribal term ‘‘small entities’’ comprises small Governments) because it would not III. Discussion of Proposed Rule businesses, not-for-profit organizations have a substantial direct effect on one or The COTP is proposing to establish that are independently owned and more Indian tribes, on the relationship this recurring safety zone from 6 p.m. to operated and are not dominant in their between the Federal Government and
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Indian tribes, or on the distribution of V. Public Participation and Request for § 165.1419 Safety Zone; Apra Outer power and responsibilities between the Comments Harbor, Naval Base Guam. Federal Government and Indian tribes. (a) Location. The following areas, If you believe this proposed rule has We view public participation as within the Captain of the Port Guam implications for federalism or Indian essential to effective rulemaking, and tribes, please call or email the person will consider all comments and material (COTP) Zone (See 33 CFR 3.70–15), all listed in the FOR FURTHER INFORMATION received during the comment period. navigable waters on the surface and CONTACT section. Your comment can help shape the below the surface within 190 yards of outcome of this rulemaking. If you the fireworks barge for the 4th of July E. Unfunded Mandates Reform Act submit a comment, please include the celebrations at Polaris Point, Naval Base The Unfunded Mandates Reform Act docket number for this rulemaking, Guam. The barge will be anchored of 1995 (2 U.S.C. 1531–1538) requires indicate the specific section of this approximately 500 yards off the north Federal agencies to assess the effects of document to which each comment tip of Polaris Point in Apra Outer their discretionary regulatory actions. In applies, and provide a reason for each Harbor. suggestion or recommendation. particular, the Act addresses actions (b) Definition. As used in this section, that may result in the expenditure by a We encourage you to submit ‘‘designated on-scene representative’’ State, local, or tribal government, in the comments through the Federal means a Coast Guard Patrol aggregate, or by the private sector of eRulemaking Portal at https:// Commander, including a Coast Guard $100,000,000 (adjusted for inflation) or www.regulations.gov. If your material more in any one year. Though this cannot be submitted using https:// coxswain, petty officer, or other officer proposed rule would not result in such www.regulations.gov, call or email the operating a Coast Guard vessel, and a an expenditure, we do discuss the person in the FOR FURTHER INFORMATION Federal, State, and local officer either effects of this rule elsewhere in this CONTACT section of this document for designated by or assisting the Captain of preamble. alternate instructions. the Port (COTP) Sector Guam in the enforcement of the safety zone. F. Environment We accept anonymous comments. Comments we post to https:// (c) Regulations. (1) In accordance with We have analyzed this proposed rule www.regulations.gov will include any the general regulations in section under Department of Homeland personal information you have § 165.23, entry into, transiting, or Security Directive 023–01, Rev. 1, provided. For more about privacy and anchoring within this safety zone is associated implementing instructions, submissions in response to this prohibited unless authorized by the and Environmental Planning document, see DHS’s eRulemaking COTP or a designated on-scene COMDTINST 5090.1 (series), which System of Records notice (85 FR 14226, representative. guide the Coast Guard in complying March 11, 2020). Documents mentioned with the National Environmental Policy in this NPRM as being available in the (2) This safety zone is closed to all Act of 1969 (42 U.S.C. 4321–4370f), and docket, and public comments, will be in persons and vessel traffic, except as may have made a preliminary determination our online docket at https:// be permitted by the COTP or a that this action is one of a category of www.regulations.gov and can be viewed designated on-scene representative. actions that do not individually or by following that website’s instructions. (3) Persons and Vessel operators cumulatively have a significant effect on We review all comments received, but desiring to enter or operate within the the human environment. This proposed we will only post comments that safety zone must contact the COTP or a rule involves a safety zone lasting no address the topic of the proposed rule. designated on-scene representative to more than 3 hours that would prohibit We may choose not to post off-topic, obtain permission to do so. The COTP entry within 190 yards of a fireworks inappropriate, or duplicate comments or a designated on-scene representative barge. Normally such actions are that we receive. If you go to the online may be contacted via VHF Channel 16 categorically excluded from further docket and sign up for email alerts, you or at telephone number (671) 355–4821. review under paragraph L60(a) of will be notified when comments are Appendix A, Table 1 of DHS Instruction posted or a final rule is published. Vessel operators given permission to Manual 023–01–001–01, Rev. 1. A enter or operate in the safety zone must preliminary Record of Environmental List of Subjects in 33 CFR Part 165 comply with all directions given to Consideration supporting this Harbors, Marine safety, Navigation them by the COTP or a designated on- determination is available in the docket. (water), Reporting and recordkeeping scene representative. For instructions on locating the docket, requirements, Security measures, (d) Enforcement period. This safety see the ADDRESSES section of this Waterways. zone will be enforced on a specific date preamble. We seek any comments or For the reasons discussed in the during the 1st week of July from 6:00 information that may lead to the p.m. to 9:00 p.m. annually, unless the discovery of a significant environmental preamble, the Coast Guard is proposing event is delayed or cancelled due to impact from this proposed rule. to amend 33 CFR part 165 as follows: weather. The Coast Guard will provide G. Protest Activities PART 165—REGULATED NAVIGATION advance notice of enforcement and a AREAS AND LIMITED ACCESS AREAS The Coast Guard respects the First broadcast notice to mariners to inform public of specific date. Amendment rights of protesters. ■ 1. The authority citation for part 165 Protesters are asked to call or email the continues to read as follows: Dated: March 16, 2021. person listed in the FOR FURTHER Christopher M. Chase, INFORMATION CONTACT section to Authority: 46 U.S.C. 70034, 70051; 33 CFR Captain, U.S. Coast Guard, Captain of the coordinate protest activities so that your 1.05–1, 6.04–1, 6.04–6, and 160.5; Port, Guam. message can be received without Department of Homeland Security Delegation No. 0170.1. jeopardizing the safety or security of [FR Doc. 2021–06079 Filed 3–23–21; 8:45 am] people, places, or vessels. ■ 2. Add § 165.1419 to read as follows: BILLING CODE 9110–04–P
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DEPARTMENT OF VETERANS programs must thus report specified community care for live donors. New AFFAIRS data to the Registry. Admission to and section 1788 provides stand-alone membership in the OPTN is governed authority to treat live donors, directly or 38 CFR Part 17 by 42 CFR 121.3; the provisions of 42 through community providers. (VA RIN 2900–AQ65 CFR 121.9 establish the requirements for previously relied on its general OPTN-designated transplant programs treatment authority to provide live Transplant Procedures With Live and expressly include VA transplant donor care, which was clinically Donors and Related Care and Services programs. Id. at § 121.9(a)(3). The OPTN deemed to be integral to the transplant Board of Directors is charged with treatment of the Veteran.) AGENCY: Department of Veterans Affairs. developing policies that are enforceable This proposed rule would establish ACTION: Proposed rule. once approved by the Secretary of new 38 CFR 17.395 to implement the Health and Human Services. Id. at mandates of section 1788, as added by SUMMARY: The Department of Veterans § 121.4. Compliance with OPTN rules the VA MISSION Act of 2018, as Affairs (VA) proposes to amend its and policies by designated transplant amended. We interpret section 1788 to medical regulations to implement programs is required by 42 CFR 121.10. remove perceived obstacles to donating legislation providing it stand-alone VA designated transplant programs a solid organ, part of a solid organ, or authority to provide surgical procedures comply with approved and applicable bone marrow. For instance, some to remove a solid organ or bone marrow OPTN by-laws and policies. In addition, prospective live donors fear being held from a live donor for transplantation clinical standards of care and patient financially responsible for the cost of into a veteran and to furnish the live safety standards apply to VA’s delivery their live donor care, including pre- or donor any care or services before and of care, including transplant care. post-evaluations and care, or not being after the surgical procedure required in Section 153 of Public Law 115–182, followed-up after they participate in the connection with the veteran’s the John S. McCain III, Daniel K. Akaka, transplant procedure. This regulation transplantation procedure. This and Samuel R. Johnson VA Maintaining addresses these concerns, helping us to rulemaking would implement the Internal Systems and Strengthening address our ultimate objective: To help mandates of section 153 of the VA Integrated Outside Networks Act of veteran-transplant candidates receive a MISSION Act of 2018. 2018, or the VA MISSION Act of 2018 solid organ, part of a solid organ, or DATES: Comments must be received on (June 6, 2018), as amended, Public Law bone marrow from a live donor. H.R. or before May 24, 2021. 115–251 (Sep. 29, 2018) added section Rep. No. 115–671, pt. 1, at 15 (2018). ADDRESSES: Comments may be 1788 to title 38, United States Code. It Initially, we note that section 1788 submitted through codified and clarified VA’s authority to states, in subsection (a), that VA may www.Regulations.gov. Comments provide a person a surgical procedure to ‘‘provide for’’ an operation of a live received will be available at remove a solid organ, part of a solid donor as specified therein, but in regulations.gov for public viewing, organ, or bone marrow (including subsection (b), it states that, with inspection or copies. peripheral blood stem cells) to donate respect to a live donor receiving an to, and transplant into, an intended operation under subsection (a), VA shall FOR FURTHER INFORMATION CONTACT: veteran-recipient (hereinafter referred to ‘‘furnish’’ any care or services before Mani Murugavel, DNP, NE–BC, CSSGB, as ‘‘intended recipient’’). It clarifies that and after conducting the transplant RN, National Director, Clinical Services, a person is eligible for the surgical procedure that may be required in National Surgery Office (10NC2), procedure even if not otherwise eligible connection with the veteran’s transplant Veterans Health Administration, 810 for VA health care. This law also procedure. We find the difference in Vermont Avenue NW, Washington, DC requires VA to furnish the person with wording (‘‘provide for’’ vs. ‘‘furnish’’) to 20420, (202) 461–7130. (This is not a any care and services required in be a distinction without a difference. toll-free number.) connection with the intended The proposed regulation would SUPPLEMENTARY INFORMATION: VA recipient’s transplantation procedure. therefore use ‘‘provide’’ throughout provides eligible veterans complete This can include non-medical care and regardless if the operation or the care medical and hospital services as services. It also authorizes VA to and services are provided within VA or authorized in chapters 17 and 73 of title provide these benefits through in the community. 38, United States Code (U.S.C.). agreements with community providers. Proposed paragraph (a) would be Consistent with that authority, VA has Prior to enactment of 38 U.S.C. 1788, titled ‘‘Scope.’’ It would inform the administered the VA transplant program VA had long deemed live donor care reader that the section provides for to provide eligible veterans timely, high- and services to be integral and medical and non-medical care and quality care and treatment. medically necessary to the treatment of services of persons who volunteer to Moreover, VA transplant programs are veterans who are eligible for a donate a solid organ, part of a solid members of the Organ Procurement and transplantation procedure under our organ, or bone marrow for Transplantation Network (OPTN) general treatment authority. 38 U.S.C. transplantation into an eligible veteran established by section 372 of Public Law 1710 (authorizing the provision of transplant candidate, irrespective of a (Pub. L.) 98–507 (1984), as amended, medically needed treatment). VA, donor’s eligibility to receive VA health and codified at 42 U.S.C. 274. The through its OPTN-designated transplant care for any reason other than to donate regulatory scheme in part 121 of title 42, programs, therefore provided surgical a solid organ, part of a solid organ, or Code of Federal Regulations (CFR) procedures for a person otherwise bone marrow. It further explains that governs OPTN operations, and the ineligible for VA health care to obtain a this section prescribes the type, timing, provisions of section 373 of Public Law solid organ, part of a solid organ, or and duration of hospital care and 98–507 (codified at 42 U.S.C. 274a) bone marrow, as well as providing pre- medical services VA provides, including require the operation of a Scientific and post-surgical care and services. This medical care or services purchased by Registry (‘‘Registry’’) to allow for an included limited follow-up as specified agreement from a non-VA facility. It also ongoing evaluation of the scientific and and required by OPTN policy. VA also provides for non-medical care and clinical status of solid organ invoked available purchased care services essential to the prospective live transplantation. Approved transplant authorities when necessary to obtain donor’s or the live donor’s participation
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and for VA reimbursement for that care living donation. Organ Procurement and consequences of donation. (Organ and services. It clarifies that the section Transplantation Network, Policy 14: Procurement and Transplantation does not provide VA medical benefits Living Donation. U.S. Department of Network: Procedures to collect post- for eligible veteran transplant Health and Human Services, Health donation follow-up data from living candidates. Resources and Services Administration. donors. U.S. Department of Health and Proposed paragraph (b) would be Retrieved from: https:// Human Services, Health Resources and titled ‘‘Definitions’’ and would define optn.transplant.hrsa.gov/media/1200/ Services Administration. Retrieved from terms for this section. In general, it optn_policies.pdf (Accessed: 12 March https://optn.transplant.hrsa.gov/ includes the terms that describe the 2020). This evaluation includes general resources/guidance/procedures-to- individuals who may volunteer to donor history, general family history, collect-post-donation-follow-up-data- donate or are donating a solid organ, social history, physical exam, general from-living-donors/ (Accessed: 22 part of a solid organ, or bone marrow, laboratory and imaging tests, and January 2020)). The goal of follow-up is, and the veterans who receive them additional screenings. Id. This leads to thus, to promote positive donor throughout the course of the donation a determination as to whether the live outcomes and thereby encourage further process (up through the period of a live donor is a compatible match to the voluntary donations in an ‘‘atmosphere donor’s follow-up after the organ identified transplant candidate. OPTN of safety.’’ Ibid. donation procedure). Two of the terms, policy also requires informed consent be We would define ‘‘live donor follow- ‘‘kidney paired donation’’ and ‘‘live obtained from the live donor prior to up’’ for live donors of bone marrow as: donor follow-up’’, describe processes organ recovery. Id. Pursuant to OPTN For live donors of bone marrow, the within the broader process of organ policy, the recovery hospital and provision of direct medical care donation and transplantation. Although evaluating physician or surgeon are required to address reasonably we propose to list the terms responsible for compliance with OPTN foreseeable donor health complications alphabetically in the regulation, we will policies for live donor selection. Id. The resulting directly from the donation describe the terms by like topics for determination of whether an individual procedure. We define this follow-up clarity here. meets the definition of ‘‘live donor’’ differently from follow-up for solid The term ‘‘prospective live donor’’ involves clinical determinations that VA organ and part of a solid organ donors would be defined as a person who has will not challenge when made by a because bone marrow donors typically volunteered to donate a solid organ, part provider in the community. need far less follow-up than donors of of a solid organ, or bone marrow, to an These clinical determinations can be solid organs. The OPTN does not intended recipient, and who has agreed made by either VA or the community regulate bone marrow transplantation to participate in any activity VA deems provider, and will depend on the and therefore does not require live necessary to carry out the intended particular circumstances of the donation donors of bone marrow to be followed recipient’s transplant procedure. For process. Thus, we would not define in for data and medical monitoring after example, a person who completes and the regulation who makes these donation as it does for solid organ submits a medical history or takes any determinations that an individual meets donors. VA would nonetheless afford other first step in the sequence of events this proposed definition of ‘‘live donor.’’ bone marrow donors follow-up care potentially leading to their donation of We would define the term ‘‘live donor directly related to the bone marrow a solid organ, part of a solid organ, or follow-up’’ to comport with OPTN donation for a period not greater than bone marrow would be a prospective policy(ies) and applicable standards of two years, as explained in proposed live donor. A person would be care and patient safety standards for the paragraph (c)(4). We note that during considered a prospective live donor follow-up of live donors of solid organs this period of follow-up care, VA would from the time the person volunteers to as: For live donors of a solid organ or collect data on the outcome of the bone donate a solid organ, part of a solid part of a solid organ, the collection of marrow transplant. This is necessary organ, or bone marrow, through the clinically relevant post-donation live because of data reporting requirements, screening process to determine whether donor data and the provision of such as reporting of adverse outcomes, the person is a match to the intended recommended clinical laboratory tests with which VA must comply. recipient. and evaluations consistent with OPTN The term ‘‘initial prospective live The term ‘‘live donor’’ would be policy; and the provision of direct donor’’ would be defined as the defined to comport with OPTN medical care required to address intended recipient’s prospective live policy(ies) as an individual who is: (1) reasonably foreseeable donor health donor who volunteers to donate a Medically suitable for donation; (2) is a complications resulting directly from kidney to a recipient other than the compatible match to an identified the donation procedure. Examples of intended recipient through kidney transplant candidate; and (3) has clinically relevant post-donation living paired donation. To clarify, the initial provided informed consent to undergo donor data would include physical prospective live donor would be an elective removal of one solid organ, part capacity, current weight, and kidney individual who agrees to participate in of a solid organ, or of bone marrow. function. Examples of provision of a kidney paired donation exchange so Therefore, the individual would be recommended clinical laboratory tests the transplant candidate to whom a considered a live donor after it has been and evaluations would include serum prospective live donor sought to donate determined that the individual is creatinine and urine protein. Examples a kidney will be eligible to receive a medically suitable for donation, is a of direct medical care required would kidney from another person through a match to the intended recipient, and the include treatment of an incisional kidney paired donation exchange. individual has provided informed hernia or infection related to the The initial prospective live donor consent to donate. OPTN policy requires donation procedure. might know upon volunteering that he that a medical evaluation of the live To clarify, OPTN policy requires or she will not match the intended donor be performed by the recovery reporting of these data and related recipient, or evaluation might reveal the hospital (i.e., the hospital at which the outcomes to help ensure donor safety initial prospective live donor and the recovery of the organ from the live and well-being. These data also help intended recipient do not match. The donor will take place) and by a transplant centers provide information intended recipient’s initial prospective physician or surgeon experienced in to future donors on risks and health live donor would nonetheless provide a
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kidney for kidney paired donation. care and services required to meet the Proposed paragraph (c)(5) would Kidney paired donation is often not a immediate preoperative and clarify the legal authority that applies to direct swap. A series of persons might postoperative standards of care and care and services provided under each provide a kidney for kidney paired patient safety standards appropriate to paragraphs (c)(1) through (4) for a donation. In due course, the initial the specific procedure. This surgical prospective live donor or a live donor prospective live donor’s intended procedure would be limited to that who is also a veteran enrolled in VA’s recipient would receive a matching required for the donor transplant health care system. We note that a kidney. procedure. For example, it would prospective live donor who also The term ‘‘kidney paired donation’’ exclude any surgical procedure to treat happens to be a veteran enrolled in VA’s would be defined as one prospective a disease inadvertently discovered health care system would receive care live donor’s voluntary donation of a during the surgical procedure to remove and services authorized in paragraphs kidney for transplantation into a the organ or bone marrow. (c)(1) and (c)(2) only under this section, recipient other than an intended Paragraph (c)(3) would describe the not as part of VA’s medical benefits recipient, paired with the type and purpose of follow-up that VA package available to enrollees pursuant transplantation into the intended would provide a live donor of a solid to 38 CFR 17.38. These health care recipient of a compatible kidney from a organ or part of a solid organ after the benefits are outside the scope of VA’s different live donor. surgical procedure. It would qualify the treatment authority in section 1710, as The term ‘‘transplant candidate’’ type of follow-up as all hospital care, implemented by the medical benefits would be defined as an enrolled veteran medical services, and other services package codified at 38 CFR 17.38, or a veteran otherwise eligible for VA’s which are ‘‘necessary and appropriate.’’ because they are not medically medical benefits package who VA The care and service provided would be necessary. Serving as a prospective live determines has a medical need for a as described in the definition of ‘‘Live donor is voluntary and not based on the solid organ, part of a solid organ, or donor follow-up’’ In paragraph (b). In bone marrow transplant. medical needs of the prospective live addition, it would define the period of The term ‘‘intended recipient’’ would donor; rather, it furthers only the be defined as the transplant candidate follow-up to be a period not less than necessary medical needs of the intended who VA identifies to receive a live that which the Organ Procurement and recipient. For live donors who are also donor’s solid organ, part of a solid Transplantation Network prescribes or veterans enrolled in VA’s health care organ, or bone marrow. recommends or for a period of 2 years, system, the care and services authorized The term ‘‘transplant recipient’’ whichever is greater. The OPTN- under paragraphs (c)(1) and (c)(2) are would be defined as a transplant established period for live donor follow- not medically necessary for the live candidate who has undergone up is expected to capture any donor, as stated above; however, after transplantation and received a solid complications associated with a live they undergo the transplant operation or organ, part of a solid organ, or bone donor’s participation in a solid organ procedure, we believe they will have marrow from a live donor. transplant procedure. VA therefore their own medical needs apart from Proposed paragraph (c) would be believes that this is sufficient time to those of the transplant recipient. We titled ‘‘Hospital care and medical ensure proper follow-up. therefore think it necessary to provide a services’’ and would establish the types Paragraph (c)(4) would describe the live donor who is enrolled in VA’s of hospital care and medical services follow-up of bone marrow donors, health care system the option to receive VA would provide a prospective live which is less extensive than for live care and services authorized under donor or a live donor. donors of a solid organ or part of a solid paragraphs (c)(3) and (c)(4) as an Paragraph (c)(1) would describe the organ. VA has no protocol, requirement, enrolled veteran, if desired. Proposed types and purposes of hospital care and or recommendation from OPTN for the paragraph (c)(5) would therefore medical services VA would provide to follow-up of bone marrow donors. provide that a live donor who is also an a prospective live donor prior to the Donation of bone marrow is different enrollee may opt to receive his or her surgical removal of the solid organ, part from donation of a solid organ or part care and services authorized under of a solid organ, or bone marrow. In of a solid organ because the donor’s paragraph (c)(3) under either the particular, VA would provide bone marrow regenerates and replaces medical benefits package in § 17.38 of examinations, tests, and studies itself. In this sense, bone marrow this chapter or under this section, but necessary to qualify a prospective live donation is like blood donation, for not both at the same time. Similarly, donor to donate a solid organ, part of a which there is also no follow-up, proposed paragraph (c)(5) would also solid organ, or bone marrow. This because of the body’s ability to state that a live donor who is also an typically includes initial screening, regenerate and replace the lost blood enrollee may opt to receive his or her blood tests, physical examination, volume. Effects of donation such as pain care and services authorized under psychological evaluation, informed at the site of the bone marrow extraction paragraph (c)(4) under either the consent, and final evaluation. or fatigue are minimal and resolve medical benefits package in § 17.38 or Paragraph (c)(2) would describe the within a short time. This approach is under this section, but not both at the type and purpose of hospital care and aligned with community standards, as same time. To clarify, the live donor medical services VA would provide the neither OPTN nor applicable standards may opt to receive the benefits live donor during the period of the of care or patient safety standards authorized in paragraphs (c)(3) and removal of the solid organ, part of a provide for the follow-up of bone (c)(4) only under one authority, as solid organ, or bone marrow. In marrow donors. Nonetheless, under combining them would not be feasible. particular, VA would provide the proposed paragraph (c)(4), VA would We note that, upon request, VA would surgical procedure to remove a solid provide direct medical care required to explain the benefit implications for the organ, part of a solid organ, or bone address reasonably foreseeable live veteran under each program, such as the marrow from the living donor whose donor health complications resulting difference in travel and lodging benefits. solid organ, part of a solid organ, or directly from the bone marrow donation In either case, however, the follow-up of bone marrow will be transplanted into procedure for a period not greater than a live donor would terminate per the an intended recipient. This includes the 2 years. terms of this program.
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Proposed paragraph (d) of this section prospective live donor’s or live donor’s necessary, to the treatment of intended would be titled ‘‘Non-hospital care and presence or proximity is necessary, VA recipients. As explained in the non-medical services’’ and would would reimburse the travel costs of the preceding discussion regarding describe the costs of non-hospital care prospective live donor or live donor proposed paragraph (d)(1), while there and non-medical services for which VA and, if applicable, one needed attendant may be instances when VA contracts may reimburse the prospective live or support person, for travel between with providers in the community for the donor or live donor. (This benefit is the prospective live donor’s or live transplant procedure, VA would wholly separate from veteran donor’s residence and the site of the similarly retain the authority to make beneficiary travel benefits under 38 hospital care or medical services the determination as to whether the U.S.C. 111.) Section 1788(b) provides authorized in proposed paragraph (c). prospective live donor’s or live donor’s for VA to ‘‘furnish’’ a live donor any While there may be instances when VA presence or proximity is necessary. This care or services before and after the contracts with providers in the would ensure consistency across the veteran’s transplantation procedure community for the transplant country in administering these benefits required in connection with that procedure, VA would retain the and this program. It would ensure that procedure. authority to make the determination as there are no unauthorized commitments We note that 38 U.S.C. 1788(b) to whether the prospective live donor’s made by non-VA providers, as this provides broad authority for VA to or live donor’s presence or proximity is determination can lead to furnish to a live donor any care or necessary. This would ensure reimbursement for travel costs related to services before and after conducting the consistency across the country in the transplant procedure, and it would transplant procedure that may be administering these benefits and this thus be fiscally responsible for VA to required in connection with such program and would ensure that there retain this authority. In determining procedure. As explained in the are no unauthorized commitments made whether the prospective live donor’s or subsequent paragraph, VA believes that by non-VA providers, as this live donor’s presence or proximity is reimbursing live donors for travel costs, determination can lead to necessary, VA would obtain and including temporary lodging as VA reimbursement for travel costs related to consider input from the transplant care determines to be needed, is appropriate. the transplant procedure. It would thus team, including the provider However, VA takes this opportunity to be fiscally responsible for VA to retain responsible for the intended recipient’s invite public comment on whether VA this authority. In determining whether transplant procedure, the provider should consider paying for other non- the prospective live donor’s or live responsible for the prospective live hospital care and non-medical services. donor’s presence or proximity is donor’s or live donor’s donation VA believes reimbursement for travel necessary, VA would obtain and procedure, and a VA transplant costs, including temporary lodging as consider input from the transplant care specialist not participating in the care of appropriate, may be required for a team, including the provider the recipient, as indicated. This would prospective live donor or live donor and responsible for the intended recipient’s also be consistent with OPTN policies a needed attendant or support person. transplant procedure, the provider that focus on donor advocacy and on VA has authority to reimburse these responsible for the prospective live having decisions related to the donor travel costs under 38 U.S.C. 1788(b). donor’s or live donor’s donation not be solely directed by the transplant Section 1788(b) does not, however, procedure, and a VA transplant recipient’s care team, as to avoid any specify reimbursement rates or specialist not participating in the care of potential conflicts. limitations. Because VA has an the recipient, as indicated. This would established travel reimbursement Proposed paragraph (e) of this section, be consistent with OPTN policies that program for veterans, see 38 CFR part titled ‘‘Use of non-VA facilities and non- 70, we would identify the modes of focus on donor advocacy and on having VA service providers,’’ construes 38 travel and payment principles and decisions related to the donor not be U.S.C. 1788(c) as it applies to 38 U.S.C. derive the rates of travel reimbursement solely directed by the transplant 1788(a) and (b). It would provide for VA for travel and temporary lodging from recipient’s care team. to purchase community care and to 38 CFR 70.30 as set forth in paragraph Proposed paragraph (d)(2) would purchase travel services to facilitate a (d) of the proposed regulation. The provide for VA reimbursement of the prospective live donor’s or a live deductibles set forth in § 70.31 would prospective live donor or live donor for donor’s donation. The agreements under not apply regardless of whether the temporary lodging, including for a this paragraph must be governed by 38 donor or other traveler is a veteran or a needed attendant or support person, U.S.C. 8153, or by any other applicable non-veteran. Imposing the deductible while the prospective live donor or live authority in title 38, United States Code, would be contrary to the purposes of donor is hospitalized for the organ permitting VA to purchase such care section 1788; that is, it would impose a removal procedure or while and services in the community. barrier to participation, and so VA participating in the live donor program Paragraph (e)(1)(i) would provide for VA would not reduce the travel which requires the prospective live to enter into agreements with non-VA reimbursement of a prospective live donor’s or live donor’s presence away facilities for them to provide a surgical donor or live donor who happens to be from home at least overnight as procedure and care and services a veteran and who is not traveling as a determined necessary by VA. VA described in paragraph (c) of this veteran. Taxes associated with considers a prospective live donor’s or section. Paragraph (e)(1)(ii) would temporary lodging would be reimbursed live donor’s need for temporary lodging provide for VA to enter agreements with to the extent and consistent with the or the assistance of a needed attendant service facilities and providers for non- manner in which VA covers such before or after the donation procedure to hospital care or non-medical services expenses under 38 CFR 70.30. be determinations to be made by VA. (i.e., travel services and lodging) that are Prospective live donors and live donors Consistent with the intent to remove described and otherwise reimbursable would also not be subject to eligibility barriers to live donors donating a solid under paragraph (d) of this section. or any other criteria of 38 CFR part 70. organ, part of a solid organ, or bone Proposed paragraph (e)(2), as 38 U.S.C. Proposed paragraph (d)(1) would marrow, VA considers these costs to be 1788(c) requires, would limit hospital provide that, if VA determines the essential, and therefore medically care and medical services under these
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agreements to those described in Therefore, paragraph (f)(2) makes that provided to live organ donors under this paragraph (c) of this section and would clear and also provides that, in the case regulation. limit travel services to those described of revocation of consent, VA would still More specifically, proposed paragraph in paragraph (d) of this section. To pay all the costs authorized under this (g)(1) would establish that VA will avoid repetition, paragraph (e) would section for the prospective live donor or provide any procedure, care, or services identify the hospital care and medical live donor up until when the donor under this section to the initial services to which it applies as those revokes consent and ends participation. prospective live donor who elects to described in paragraph (c) of this To condition payment of these donors’ participate in a kidney paired donation section. It would identify the travel costs on their completion of the live matching program, but only for the services to which it applies as those donor transplantation process would be examinations, tests, and studies described in paragraph (d) of this coercive. Whatever a prospective live described in paragraph (c)(1) for a section. donor’s or a live donor’s reasons to prospective live donor before kidney Proposed paragraph (f) of this section, revoke their informed consent, they removal. Proposed paragraph (g)(2) titled ‘‘Participation terminated without could feel pressured to proceed against would establish that VA would provide completion of the intended recipient’s their wishes if revocation meant VA any procedure, care, or services under transplantation procedure,’’ would would not be financially liable for costs this section to the live donor whose ensure that a prospective live donor or they had already incurred. Donor kidney the intended recipient will live donor is not financially penalized participation under these circumstances receive or has received but only for the because of termination of the would be coercive. Even the appearance services described in paragraphs (c)(2) transplantation process. Proposed of coercion could impugn the integrity and (c)(3). VA may use a non-VA facility paragraph (f)(1) would state that VA of the program. This paragraph seeks to as authorized in paragraph (e) to would provide the prospective live avoid even that appearance. Apart from provide any care or services required in donor or live donor the care and this concern, including this provision a kidney paired donation, limited, services described in this section for any furthers the purpose of section 1788 by however, as described in paragraph (g) VA-authorized participation in the removing obstacles to donor of this section. intended recipient’s organ or bone participation in the program. Executive Orders 12866 and 13563 marrow transplantation process even if Proposed paragraph (g) of this section, the transplantation procedure for which titled ‘‘Limitation on VA obligation in Executive Orders 12866 and 13563 the prospective live donor or live donor kidney paired donations,’’ would limit direct agencies to assess the costs and volunteered to donate a solid organ, part VA’s obligation to provide the care or benefits of available regulatory of a solid organ, or bone marrow is not services paragraph (c) of this section alternatives and, when regulation is completed. There are any number of describes in the context of kidney necessary, to select regulatory reasons an intended recipient might not paired donations. Kidney paired approaches that maximize net benefits receive a prospective live donor’s solid donation increases an intended (including potential economic, organ, part of a solid organ, or bone recipient’s pool of potential live kidney environmental, public health and safety marrow. Any of these could occur at any donors and often involves a series of effects, and other advantages; time during the transplantation process. matched donor exchanges. If a distributive impacts; and equity). Rather than identify discrete steps or prospective live donor and the intended Executive Order 13563 (Improving procedures for which VA will pay, this recipient do not match, that individual Regulation and Regulatory Review) paragraph prescribes that VA can become an initial prospective live emphasizes the importance of authorization for a prospective live donor. An initial prospective live donor quantifying both costs and benefits, donor to participate in the agrees to donate his or her kidney to a reducing costs, harmonizing rules, and transplantation process is the event that different individual who is a match, and promoting flexibility. The Office of triggers VA’s commitment to pay all of the intended recipient is ultimately Information and Regulatory Affairs has that donor’s transplant costs authorized paired with a different prospective live determined that this rule is a significant under this section up through the point donor who is a match. regulatory action under Executive Order when that individual’s participation in In a paired kidney donation, VA 12866. the transplantation process ends. For would provide the initial prospective VA’s impact analysis can be found as example, if VA authorizes the live donor the examinations, tests, and a supporting document at http:// prospective live donor to undergo studies described in proposed paragraph www.regulations.gov, usually within 48 assessments and diagnostic testing to (c)(1) of this section. These are the same hours after the rulemaking document is assess suitability for donation, VA care and services that VA would published. Additionally, a copy of the would pay for these costs even if the provide a prospective live donor before rulemaking and its impact analysis are screening results subsequently kidney removal. Another party (such as available on VA’s website at http:// disqualify the prospective donor. In a health insurance company or the www.va.gov/orpm/, by following the addition, VA’s obligations to the live intended recipient) would be link for ‘‘VA Regulations Published donor under this section would be responsible, however, for the costs of From FY 2004 Through Fiscal Year to honored throughout the live donor’s the initial prospective live donor’s Date.’’ participation in the transplantation surgical, post-operative, live donor Regulatory Flexibility Act process even if the live donor’s removal follow-up, and other care and services. surgery reveals a previously The proposed regulation would identify The Secretary hereby certifies that unidentified disqualifying medical as the live donor in kidney paired this proposed rule would not have a condition or the intended recipient dies donation the person who is determined significant economic impact on a before transplantation occurs. independently to match the intended substantial number of small entities as A prospective live donor or a live recipient and whose kidney the they are defined in the Regulatory donor may withdraw their informed intended recipient receives. VA would Flexibility Act (5 U.S.C. 601–612). VA consent at any time and for any reason. provide this live donor’s surgical has determined that this rule would not In these cases, VA will recognize and procedure and all care and services, have a significant impact on a honor the donor’s right to autonomy. including live donor follow-up, substantial number of small entities
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because the proposed rule does not document of the Department of Veterans Kidney paired donation means one directly regulate or impose costs on Affairs. prospective live donor’s voluntary small entities and any effects would be donation of a kidney for transplantation Consuela Benjamin, indirect. Therefore, pursuant to 5 U.S.C. into a recipient other than an intended Regulations Development Coordinator, Office recipient, paired with the 605(b), the initial and final regulatory of Regulation Policy & Management, Office flexibility analysis requirements of 5 of the Secretary, Department of Veterans transplantation into the intended U.S.C. 603 and 604 do not apply. Affairs. recipient of a compatible kidney from a different live donor. Unfunded Mandates For the reasons stated in the Live donor means an individual who preamble, the Department of Veterans is: The Unfunded Mandates Reform Act Affairs proposes to amend 38 CFR part (1) Medically suitable for donation; of 1995 requires, at 2 U.S.C. 1532, that 17 as set forth below: (2) Is a compatible match to an agencies prepare an assessment of identified veteran transplant candidate; anticipated costs and benefits before PART 17—MEDICAL and issuing any rule that may result in the (3) Has provided informed consent to ■ 1. The general authority citation for expenditure by State, local, and tribal undergo elective removal of one solid part 17 continues and an authority governments, in the aggregate, or by the organ, part of a solid organ, or of bone citation for § 17.395 is added in private sector, of $100 million or more marrow. (adjusted annually for inflation) in any numerical order to read as follows: one year. This proposed rule will have Authority: 38 U.S.C. 501 and as noted in Live Donor Follow-Up Means no such effect on State, local, and tribal specific sections. (1) For live donors of a solid organ or governments, or on the private sector. * * * * * part of a solid organ, the collection of Section 17.395 is also issued under 38 clinically relevant post-donation live Paperwork Reduction Act U.S.C. 1788. donor data and the provision of This proposed rule contains no ■ 2. Add an undesignated center recommended clinical laboratory tests provisions constituting a collection of heading following 38 CFR 17.390 to and evaluations consistent with Organ information under the Paperwork read as follows: Procurement and Transplantation Reduction Act of 1995 (44 U.S.C. 3501– Network policy, and the provision of Hospital Care, Medical Services, and direct medical care required to address 3521). Other Services for Live Donors reasonably foreseeable donor health Catalog of Federal Domestic Assistance ■ 3. Add § 17.395 to read as follows: complications resulting directly from the donation procedure. The Catalog of Federal Domestic § 17.395 Transplant procedures with live (2) For live donors of bone marrow, Assistance numbers and titles for the donors, and related services. the provision of direct medical care programs affected by this document are (a) Scope. This section provides for required to address reasonably 64.009, Veterans Medical Care Benefits; medical and non-medical care and foreseeable donor health complications 64.029, Purchased Care Program; services of persons who volunteer to resulting directly from the donation 64.047, VHA Primary Care; 64.042, 64. donate a solid organ, part of a solid procedure. 045, VHA Ancillary Outpatient organ, or bone marrow for Prospective live donor means a person Services; 64.042, VHA Inpatient transplantation into an eligible veteran who has volunteered to donate a solid Surgery; 64.040, VHA Inpatient transplant candidate, irrespective of a organ, part of a solid organ, or bone Medicine; 64.041,VHA Outpatient donor’s eligibility to receive VA health marrow to an intended recipient, and Specialty Care; 64.035 Veterans care for any reason other than to donate who has agreed to participate in any Transportation Program. a solid organ, part of a solid organ, or activity VA deems necessary to carry bone marrow. It prescribes the type, out the intended recipient’s transplant List of Subjects in 38 CFR Part 17 timing, and duration of hospital care procedure. Administrative practice and and medical services VA provides, Transplant candidate means an procedure, Alcohol abuse, Alcoholism, including medical care or services enrolled veteran or a veteran otherwise Claims, Day care, Dental health, Drug purchased by agreement from a non-VA eligible for VA’s medical benefits abuse, Foreign relations, Government facility. It also provides for non-medical package who VA determines has a care and services essential to the contracts, Grant programs-health, Grant medical need for a solid organ, part of prospective live donor’s or live donor’s programs-veterans, Health care, Health a solid organ, or bone marrow participation and for VA reimbursement facilities, Health professions, Health transplant. for that care and services. The section Transplant recipient means a records, Homeless, Medical and dental does not provide for eligible veteran transplant candidate who has schools, Medical devices, Medical transplant candidates’ VA medical undergone transplantation and received research, Mental health programs, benefits. a solid organ, part of a solid organ, or Nursing homes, Philippines, Reporting (b) Definitions. For purposes of this bone marrow from a live donor. and recordkeeping requirements, section: (c) Hospital care and medical Scholarships and fellowships, Travel Initial prospective live donor means services. To obtain a solid organ, part of and transportation expenses, Veterans. an intended recipient’s prospective live a solid organ, or bone marrow for a VA Signing Authority donor who volunteers to donate a transplant candidate, VA may provide kidney to a recipient other than the the following hospital care and medical The Secretary of Veterans Affairs intended recipient through kidney services to a prospective live donor or approved this document on March 12, paired donation. live donor: 2021 and authorized the undersigned to Intended recipient means the (1) Before removal of a solid organ, sign and submit the document to the transplant candidate who VA identifies part of a solid organ, or bone marrow, Office of the Federal Register for to receive a live donor’s solid organ, VA will provide examinations, tests, publication electronically as an official part of a solid organ, or bone marrow. and studies necessary to qualify a
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prospective live donor to donate a solid donor’s presence or proximity is ENVIRONMENTAL PROTECTION organ, part of a solid organ, or bone determined necessary by VA. AGENCY marrow. (e) Use of non-VA facilities and non- (2) During removal of a solid organ, VA service providers. (1) If and only if 40 CFR Part 52 part of a solid organ, or bone marrow, VA and a non-VA facility or non-VA [EPA–R03–OAR–2021–0069; FRL–10021– VA will provide the surgical procedure service provider have an agreement 35–Region 3] to remove a solid organ, part of a solid governed by 38 U.S.C. 8153 or any other organ, or bone marrow from the living applicable authority in title 38, United Air Plan Approval; Delaware; donor whose solid organ, part of a solid States Code, a non-VA facility may Nonattainment New Source Review organ, or bone marrow will be provide— Requirements for 2015 8-Hour Ozone transplanted into an intended recipient. (i) A surgical procedure and care and National Ambient Air Quality Standard (3) After removal of a solid organ or services described in paragraph (c) of AGENCY: Environmental Protection part of a solid organ, VA will provide this section; or Agency (EPA). all hospital care, medical services, and (ii) Non-hospital care or non-medical other services which are necessary and services described and otherwise ACTION: Proposed rule. appropriate to live donor follow-up as reimbursable under paragraph (d) of this SUMMARY: The Environmental Protection defined in paragraph (b) of this section section. Agency (EPA) is proposing to approve a for a period not less than that which the (2) The prospective live donor or live state implementation plan (SIP) revision Organ Procurement and Transplantation donor is eligible for hospital care and submitted by the Delaware Department Network prescribes or recommends or medical services, or travel services, at a of Natural Resources and Environmental for a period of 2 years, whichever is non-VA facility solely for the procedure, Control (DNREC). This SIP revision will greater. care, and services described in fulfill Delaware’s nonattainment new (4) After bone marrow removal, VA paragraphs (c) and (d) of this section as source review (NNSR) SIP element will provide direct medical care governed by an agreement described in requirement for the 2015 8-hour ozone required to address reasonably paragraph (e)(1) of this section. National Ambient Air Quality Standard foreseeable live donor health (f) Participation terminated without (NAAQS). This action is being taken complications resulting directly from completion of the intended recipient’s under the Clean Air Act (CAA). the bone marrow donation procedure for transplantation procedure. a period not greater than 2 years. DATES: Written comments must be (1) VA will provide the prospective received on or before April 23, 2021. (5) A prospective live donor who is live donor or live donor the care and ADDRESSES: Submit your comments, also a veteran enrolled in VA’s health services described in this section for any identified by Docket ID No. EPA–R03– care system may receive care and VA-authorized participation in the OAR–2021–0069 at https:// services authorized in paragraphs (c)(1) intended recipient’s organ or bone www.regulations.gov, or via email to and (c)(2) only under this section. A live marrow transplantation process even if [email protected]. For comments donor who is also a veteran enrolled in the transplantation procedure for which submitted at Regulations.gov, follow the VA’s health care system may opt to the prospective live donor or live donor online instructions for submitting receive the care and services authorized volunteered to donate a solid organ, part comments. Once submitted, comments under paragraph (c)(3) or (c)(4) under of a solid organ, or bone marrow is not cannot be edited or removed from either the medical benefits package completed. codified at § 17.38 of this part or under Regulations.gov. For either manner of (2) A prospective live donor or a live this section, but not both at the same submission, EPA may publish any donor may withdraw his or her time. comment received to its public docket. informed consent at any time and for (d) Non-hospital care and non- Do not submit electronically any any reason. In the case of revocation of medical services. If VA determines the information you consider to be consent, VA will pay all the costs prospective live donor’s or the live confidential business information (CBI) authorized under this section for the donor’s presence or proximity is or other information whose disclosure is prospective live donor or live donor up necessary, VA will reimburse the travel restricted by statute. Multimedia until when the donor revokes consent costs of the prospective live donor or submissions (audio, video, etc.) must be and ends his or her participation. live donor, including one needed accompanied by a written comment. attendant or support person, at the rates (g) Limitation on VA obligation in The written comment is considered the provided in § 70.30 of this chapter, kidney paired donations. In kidney official comment and should include without the deductibles required by paired donations, VA’s obligation to discussion of all points you wish to § 70.31 of this chapter, for: provide any procedure, care, or services make. EPA will generally not consider (1) Travel between the prospective under this section extends: comments or comment contents located live donor’s or live donor’s residence (1) To the initial prospective live outside of the primary submission (i.e., and the site of hospital care or medical donor who elects to participate in a on the web, cloud, or other file sharing services authorized in paragraph (c) of kidney paired donation matching system). For additional submission this section; and program, but only for the examinations, methods, please contact the person (2) Temporary lodging: tests, and studies described in identified in the FOR FURTHER (i) While the live donor is paragraph (c)(1) of this section for a INFORMATION CONTACT section. For the hospitalized for the organ removal prospective live donor before kidney full EPA public comment policy, procedure; or removal. information about CBI or multimedia (ii) While the prospective live donor’s (2) To the live donor whose kidney submissions, and general guidance on or live donor’s participation in the live the intended recipient will receive or making effective comments, please visit donor program requires the prospective has received but only for the services https://www.epa.gov/dockets/ live donor’s or live donor’s presence described in paragraphs (c)(2) and (c)(3). commenting-epa-dockets. away from home at least overnight and [FR Doc. 2021–05682 Filed 3–23–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: the prospective live donor’s or live BILLING CODE 8320–01–P Amy Johansen, Permits Branch (3AD10),
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Air & Radiation Division, U.S. CFR 51.1303 and 83 FR 10376 (March NOX as a significant net emissions Environmental Protection Agency, 9, 2018). increase for ozone pursuant to 40 CFR Region III, 1650 Arch Street, Based on initial nonattainment 51.165(a)(1)(v)(E); consider certain Philadelphia, Pennsylvania 19103. The designations for the 2015 8-hour ozone increases of VOC emissions in extreme telephone number is (215) 814–2156. NAAQS, as well as the December 6, ozone nonattainment areas as a Ms. Johansen can also be reached via 2018 final SIP Requirements Rule, significant net emissions increase and a electronic mail at Johansen.Amy@ Delaware was required to develop a SIP major modification for ozone pursuant epa.gov. revision addressing specific CAA to 40 CFR 51.165(a)(1)(v)(F); set requirements for the Philadelphia Area, significant emissions rates for VOC and SUPPLEMENTARY INFORMATION: On August and submit to EPA a NNSR Certification 3, 2020, DNREC submitted on behalf of NOX as ozone precursors pursuant to 40 SIP or SIP revision no later than 36 CFR 51.165(a)(1)(x)(A)–(C) and (E); the state of Delaware a formal SIP months after the effective date of area contain provisions for emissions revision, requesting EPA’s approval of designations for the 2015 8-hour ozone reductions credits pursuant to 40 CFR its NNSR Certification for the 2015 8- NAAQS (i.e., August 3, 2021). See 83 FR 51.165(a)(3)(ii)(C)(1)–(2); provide that hour ozone NAAQS. Delaware is 62998 (December 6, 2018). In this the requirements applicable to VOC also certifying that its existing NNSR action, EPA is only proposing to apply to NO pursuant to 40 CFR program, covering the Delaware portion X approve Delaware’s August 3, 2020 51.165(a)(8); and set offset ratios for of the Philadelphia-Wilmington-Atlantic NNSR Certification SIP revision.1 EPA’s VOC and NO pursuant to 40 CFR City, PA–NJ–MD–DE (Philadelphia X analysis of how this SIP revision 51.165(a)(9). Area) nonattainment area (which addresses the NNSR requirements for Delaware’s SIP approved NNSR includes New Castle County) for the the 2015 8-hour ozone NAAQS is program, established in Title 7 Delaware 2015 8-hour ozone NAAQS, is at least provided in Section II of this Administrative Code (DE Admin Code) as stringent as the requirements at 40 rulemaking action. 1125 (Requirements for Preconstruction Code of Federal Regulations (CFR) Review), applies to the construction and II. Summary of SIP Revision and EPA 51.165, as amended by the final rule modification of major stationary sources Analysis titled ‘‘Implementation of the 2015 in nonattainment areas. In its August 3, National Ambient Air Quality Standards This rulemaking is specific to 2020 SIP revision, Delaware certifies for Ozone: Nonattainment Area State Delaware’s NNSR requirements. NNSR that the version of Title 7 DE Admin Implementation Plan Requirements’’ is a preconstruction review permit Code Section 1125 approved in the SIP (SIP Requirements Rule), for ozone and program that applies to new major is at least as stringent as the Federal its precursors. See 83 FR 62998 stationary sources or major NNSR requirements for the Philadelphia (December 6, 2018). modifications at existing sources located Area.3 EPA last approved Delaware’s 2 I. Background in a nonattainment area. The specific major NNSR program as being NNSR requirements for the ozone consistent with Federal NNSR On October 1, 2015, EPA promulgated NAAQS are codified at 40 CFR 51.160– requirements on August 12, 2019. 84 FR a revised 8-hour ozone NAAQS of 0.070 165. 39758 (August 12, 2019). In that action, parts per million (ppm). 80 FR 65292 The minimum SIP requirements for EPA approved DNREC’s 2008 Ozone (October 26, 2015). Under EPA’s NNSR permitting programs for the 2015 Certification SIP revision, which is regulations at 40 CFR 50.19, the 2015 8- 8-hour ozone NAAQS are set forth in 40 analogous to EPA’s proposed approval hour ozone NAAQS is attained when CFR 51.165. These NNSR program of this action. Since EPA’s August 12, the three-year average of the annual requirements include those promulgated 2019 approval, DNREC has made one fourth-highest daily maximum 8-hour in the ‘‘Phase 2 Rule’’ implementing the change to its regulations (related to average ambient air quality ozone 1997 8-hour ozone NAAQS (70 FR EPA’s modeling guidance), which EPA concentration is less than or equal to 71611 (November 29, 2005)), the 2008 approved into DNREC’s SIP on May 1, 0.070 ppm. Ozone NAAQS SIP implementation 2020. 85 FR 25307. Approval of that Upon promulgation of a new or Rule (80 FR 12264, March 6, 2015) and action, which revised Prevention of revised NAAQS, the CAA requires EPA the 2015 SIP Requirements Rule (83 FR Significant Deterioration (PSD) to designate as nonattainment any area 62998, December 6, 2018). Under the provisions, does not impact DNREC’s that is violating the NAAQS based on Phase 2 Rule, the SIP for each ozone certification or EPA’s proposed approval the three most recent years of ambient nonattainment area must contain NNSR of DNREC’s August 3, 2020 SIP air quality data at the conclusion of the provisions that: Set major source submittal. designation process. The Philadelphia thresholds for oxides of nitrogen (NOX) Delaware has chosen not to include Area was classified as marginal and volatile organic compounds (VOC) certain optional NNSR provisions that nonattainment for the 2015 8-hour pursuant to 40 CFR EPA could approve, pertaining to ozone NAAQS on June 4, 2018 (effective 51.165(a)(1)(iv)(A)(1) and (2); classify emissions change of VOC in extreme August 3, 2018) using 2014–2016 physical changes as a major source if the nonattainment areas and emission ambient air quality data. 83 FR 25776. change would constitute a major source reduction credits. Delaware’s choice not On December 6, 2018, EPA issued the by itself pursuant to 40 CFR to include these provisions does not final SIP Requirements Rule, which 51.165(a)(1)(iv)(A)(3); consider any affect EPA’s determination regarding the establishes the requirements that state, significant net emissions increase of approvability of its August 3, 2020 tribal, and local air quality management agencies must meet as they develop 1 In addition to certifying its NNSR program, 3 On October 20, 2016, EPA disapproved a implementation plans for areas where DNREC’s August 3, 2020 SIP submittal contains proposed SIP revision that sought to include information certifying its Emission Statement additional ERC provisions, adopted by Delaware on air quality exceeds the 2015 8-hour Program and requirements for reasonable available December 11, 2016, into the Delaware SIP, ozone NAAQS. 83 FR 62998 (December control technology (RACT). While DNREC’s specifically, 7 DE Admin Code 1125 Sections 2.5.5 6, 2018). Areas that were designated as submittal contains information regarding these and 2.5.6. 81 FR 72529. Since EPA disapproved marginal ozone nonattainment areas are other requirements, each requirement was these provisions, the previously approved submitted as standalone SIP revisions for separate provisions that EPA approved into Delaware’s SIP required to attain the 2015 8-hour ozone EPA action. on October 2, 2012 remain applicable Federal NAAQS no later than August 3, 2021. 40 2 See CAA sections 172(c)(5), 173 and 182. requirements. 77 FR 60053.
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submittal, and they will not be • Is not an economically significant or State). This action is based on the discussed in this rulemaking.4 regulatory action based on health or EPA’s determination that the State’s safety risks subject to Executive Order revisions satisfy all requirements for III. Proposed Action 13045 (62 FR 19885, April 23, 1997); UST program approval. This action also EPA’s review of this material • Is not a significant regulatory action proposes to codify South Carolina’s indicates that Delaware’s submission subject to Executive Order 13211 (66 FR revised UST program and to incorporate fulfills the 40 CFR 51.1114 revision 28355, May 22, 2001); by reference the State statutes and requirement, meets the requirements of • Is not subject to requirements of regulations that we have determined CAA sections 110 and 172 and the section 12(d) of the National meet the requirements for approval. minimum SIP requirements of 40 CFR Technology Transfer and Advancement DATES: Comments on this proposed rule 51.165. EPA is proposing to approve the Act of 1995 (15 U.S.C. 272 note) because must be received on or before April 23, Delaware’s SIP revision addressing the application of those requirements would 2021. NNSR requirements for the 2015 8-hour be inconsistent with the CAA; and ADDRESSES: You may send comments, ozone NAAQS for the Philadelphia • Does not provide EPA with the discretionary authority to address, as identified by Docket ID No. EPA–R04– Area, which was submitted on August 3, UST–2019–0582, by either of the 2020. EPA is soliciting public comments appropriate, disproportionate human health or environmental effects, using following methods: on the issues discussed in this • Federal eRulemaking Portal: practicable and legally permissible document. These comments will be https://www.regulations.gov (our methods, under Executive Order 12898 considered before taking final action. preferred method). Follow the online (59 FR 7629, February 16, 1994). IV. Statutory and Executive Order instructions for submitting comments. In addition, this proposed rule, • Reviews approving Delaware’s 20015 8-hour Email: [email protected]. Include the Docket ID No. EPA–R04–UST–2019– Under the CAA, the Administrator is ozone NAAQS Certification SIP revision 0582 in the subject line of the message. required to approve a SIP submission for NNSR, does not have tribal implications as specified by Executive Instructions: Submit your comments, that complies with the provisions of the identified by Docket ID No. EPA–R04– CAA and applicable Federal regulations. Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved UST–2019–0582, via the Federal 42 U.S.C. 7410(k); 40 CFR 52.02(a). eRulemaking Portal at https:// Thus, in reviewing SIP submissions, to apply in Indian country located in the State, and EPA notes that it will not www.regulations.gov. Follow the online EPA’s role is to approve state choices, instructions for submitting comments. provided that they meet the criteria of impose substantial direct costs on tribal governments or preempt tribal law. Once submitted, comments cannot be the CAA. Accordingly, this action edited or removed from https:// merely approves state law as meeting List of Subjects in 40 CFR Part 52 www.regulations.gov. The EPA may Federal requirements and does not publish any comment received to its impose additional requirements beyond Environmental protection, Air pollution control, Incorporation by public docket. Do not submit those imposed by state law. For that electronically any information you reason, this proposed action: reference, Intergovernmental relations, • Nitrogen dioxide, Ozone, Particulate consider to be Confidential Business Is not a ‘‘significant regulatory Information (CBI) or other information action’’ subject to review by the Office Matter, Transportation, Volatile organic compounds. whose disclosure is restricted by statute. of Management and Budget under Multimedia submissions (audio, video, Executive Orders 12866 (58 FR 51735, Dated: March 15, 2021 etc.) must be accompanied by a written October 4, 1993) and 13563 (76 FR 3821, Diana Esher, comment. The written comment is January 21, 2011); Acting Regional Administrator, Region III. • considered the official comment and Does not impose an information [FR Doc. 2021–05759 Filed 3–23–21; 8:45 am] should include discussion of all points collection burden under the provisions BILLING CODE 6560–50–P you wish to make. The EPA will of the Paperwork Reduction Act (44 generally not consider comments or U.S.C. 3501 et seq.); • comment contents located outside of the Is certified as not having a ENVIRONMENTAL PROTECTION primary submission (i.e., on the web, significant economic impact on a AGENCY cloud, or other file sharing system). For substantial number of small entities additional submission methods, the full 40 CFR Parts 281 and 282 under the Regulatory Flexibility Act (5 EPA public comment policy, U.S.C. 601 et seq.); • [EPA–R04–UST–2019–0582; FRL–10014– information about CBI or multimedia Does not contain any unfunded 88–Region 4] submissions, and general guidance on mandate or significantly or uniquely making effective comments, please visit: affect small governments, as described South Carolina: Final Approval of State https://www.epa.gov/dockets/ in the Unfunded Mandates Reform Act Underground Storage Tank Program commenting-epa-dockets. of 1995 (Pub. L. 104–4); Revisions, Codification, and • Out of an abundance of caution for Does not have Federalism Incorporation by Reference members of the public and our staff, the implications as specified in Executive AGENCY: Environmental Protection public’s access to the EPA Region 4 Order 13132 (64 FR 43255, August 10, Offices is by appointment only to 1999); Agency (EPA). ACTION: Proposed rule. reduce the risk of transmitting COVID– 19. We encourage the public to submit 4 DNREC provided information regarding anti- SUMMARY: backsliding in its August 3, 2020 SIP submittal to Pursuant to the Resource comments via https:// EPA, which was not a requirement of EPA’s 2015 Conservation and Recovery Act (RCRA www.regulations.gov or via email. The Ozone SIP Requirements Rule. See 83 FR 62998 or Act), the Environmental Protection EPA encourages electronic comment (December 6, 2018). EPA noted in the 2015 Ozone Agency (EPA) is proposing to approve submittals, but if you are unable to SIP Requirements Rule that it would address anti- backsliding in a future rulemaking action; therefore, revisions to the underground storage submit electronically or need other EPA will not be acting on anything related to anti- tank (UST) program submitted by the assistance, please contact Ben Singh, the backsliding in this action. State of South Carolina (South Carolina contact listed in FOR FURTHER
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INFORMATION CONTACT. The index of the Authority: This document is issued under status reviews, we seek any new docket and all publicly available docket the authority of sections 2002(a), 7004(b), information concerning the status of, or materials for this action are available for 9004, 9005, and 9006 of the Solid Waste threats to, the species or their habitats. review on the https:// Disposal Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and 6991e. Any information we receive during the www.regulations.gov website. The EPA course of our status reviews will be encourages electronic reviewing of these Dated: February 26, 2021. considered. documents, but if you are unable to John Blevins, review these documents electronically, Acting Regional Administrator, Region 4. ADDRESSES: please contact Ben Singh to schedule an [FR Doc. 2021–05420 Filed 3–23–21; 8:45 am] Supporting documents: Summaries of appointment to view the documents at BILLING CODE 6560–50–P the basis for the petition findings the Region 4 Offices. Interested persons contained in this document are wanting to examine these documents available on http://www.regulations.gov should make an appointment at least DEPARTMENT OF THE INTERIOR under the appropriate docket number two weeks in advance. EPA Region 4 (see table under SUPPLEMENTARY requires all visitors adhere to the Fish and Wildlife Service INFORMATION). COVID–19 protocol, which requires face coverings and social distancing. 50 CFR Part 17 Status reviews: If you have new Please also contact Ben Singh if you scientific or commercial data or other [FF09E21000 FXES11110900000 212] need assistance in a language other than information concerning the status of, or threats to, the species for which we are English or if you are a person with Endangered and Threatened Wildlife disabilities who needs a reasonable and Plants; 90-Day Findings for Three initiating status reviews, please provide accommodation at no cost to you. For Species those data or information by one of the further information on EPA Docket following methods: Center services and the current status, AGENCY: Fish and Wildlife Service, (1) Electronically: Go to the Federal please visit us online at https:// Interior. eRulemaking Portal: http:// www.epa.gov/dockets. ACTION: Notice of petition findings and www.regulations.gov. In the Search box, The EPA continues to carefully and initiation of status reviews. enter the appropriate docket number continuously monitor information from SUMMARY: We, the U.S. Fish and (see table under SUPPLEMENTARY the Centers for Disease Control and INFORMATION). Then, click on the Prevention (CDC), local area health Wildlife Service (Service), announce 90- day findings on three petitions to add ‘‘Search’’ button. After finding the departments, and our Federal partners correct document, you may submit so that we can respond rapidly as species to the Lists of Endangered and information by clicking on ‘‘Comment conditions change regarding COVID–19. Threatened Wildlife and Plants under the Endangered Species Act of 1973, as Now!’’ If your information will fit in the FOR FURTHER INFORMATION CONTACT: Ben provided comment box, please use this Singh, RCRA Programs and Cleanup amended (Act). Based on our review, we find that the petitions present feature of http://www.regulations.gov, as Branch, Land, Chemicals and it is most compatible with our Redevelopment Division, U.S. substantial scientific or commercial information indicating that the information review procedures. If you Environmental Protection Agency, attach your information as a separate Region 4, Atlanta Federal Center, 61 petitioned actions may be warranted. document, our preferred file format is Forsyth Street SW, Atlanta, Georgia Therefore, with the publication of this Microsoft Word. If you attach multiple 30303–8960; Phone number: (404) 562– document, we announce that we plan to comments (such as form letters), our 8922, email address: [email protected]. initiate status reviews of the Rio Grande preferred format is a spreadsheet in Please contact Ben Singh by phone or shiner (Notropis jemezanus), Shasta email for further information. snow-wreath (Neviusia cliftonii), and Microsoft Excel. threecorner milkvetch (Astragalus SUPPLEMENTARY INFORMATION: For (2) By hard copy: Submit by U.S. mail additional information, see the direct geyeri var. triquetrus) to determine to: Public Comments Processing, Attn: final rule published in the ‘‘Rules and whether the petitioned actions are [Insert appropriate docket number; see Regulations’’ section of this Federal warranted. To ensure that the status table under SUPPLEMENTARY Register. reviews are comprehensive, we are INFORMATION], U.S. Fish and Wildlife requesting scientific and commercial Service, MS: PRB/3W, 5275 Leesburg List of Subjects in 40 CFR Parts 281 and data and other information regarding the Pike, Falls Church, VA 22041–3803. 282 species and factors that may affect their status. Based on the status reviews, we We request that you send information Environmental protection, only by the methods described above. Administrative practice and procedure, will issue 12-month petition findings, which will address whether or not the We will post all information we receive Hazardous substances, Incorporation by on http://www.regulations.gov. This reference, Indian country, Petroleum, petitioned actions are warranted, in generally means that we will post any Reporting and recordkeeping accordance with the Act. personal information you provide us. requirements, State program approval, DATES: These findings were made on Underground storage tanks. March 24, 2021. As we commence our FOR FURTHER INFORMATION CONTACT:
Species common name Contact person
Rio Grande shiner ...... Andy Dean, 505–342–9900 x112, [email protected]. Shasta snow-wreath ...... Jenny Ericson, 503–841–3114, [email protected]. Threecorner milkvetch ...... Glen Knowles, 702–515–5230; [email protected].
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If you use a telecommunications device of the Act (16 U.S.C. 1533(a)(1)). The affecting the species to the point that the for the deaf, please call the Federal five factors are: species may meet the definition of an Relay Service at 800–877–8339. (a) The present or threatened endangered species or threatened destruction, modification, or species under the Act. SUPPLEMENTARY INFORMATION: curtailment of its habitat or range If we find that a petition presents Background (Factor A); such information, our subsequent status (b) Overutilization for commercial, review will evaluate all identified Section 4 of the Act (16 U.S.C. 1533) recreational, scientific, or educational threats by considering the individual-, and its implementing regulations in title purposes (Factor B); population-, and species-level effects 50 of the Code of Federal Regulations (c) Disease or predation (Factor C); and the expected response by the (50 CFR part 424) set forth the (d) The inadequacy of existing species. We will evaluate individual procedures for adding species to, regulatory mechanisms (Factor D); and threats and their expected effects on the removing species from, or reclassifying (e) Other natural or manmade factors species, then analyze the cumulative species on the Federal Lists of affecting its continued existence (Factor effects of the threats on the species as Endangered and Threatened Wildlife E). a whole. We also consider the and Plants (Lists or List) in 50 CFR part These factors represent broad cumulative effects of the threats in light 17. Section 4(b)(3)(A) of the Act requires categories of natural or human-caused of those actions and conditions that are that we make a finding on whether a actions or conditions that could have an expected to have positive effects on the petition to add a species to the List (i.e., effect on a species’ continued existence. species—such as any existing regulatory ‘‘list’’ a species), remove a species from In evaluating these actions and mechanisms or conservation efforts that the List (i.e., ‘‘delist’’ a species), or conditions, we look for those that may may ameliorate threats. It is only after change a listed species’ status from have a negative effect on individuals of conducting this cumulative analysis of endangered to threatened or from the species, as well as other actions or threats and the actions that may threatened to endangered (i.e., conditions that may ameliorate any ameliorate them, and the expected effect ‘‘reclassify’’ a species) presents negative effects or may have positive on the species now and in the substantial scientific or commercial effects. foreseeable future, that we can information indicating that the We use the term ‘‘threat’’ to refer in determine whether the species meets petitioned action may be warranted. To general to actions or conditions that are the definition of an endangered species the maximum extent practicable, we are known to, or are reasonably likely to, or threatened species under the Act. If to make this finding within 90 days of affect individuals of a species we find that a petition presents our receipt of the petition and publish negatively. The term ‘‘threat’’ includes substantial scientific or commercial the finding promptly in the Federal actions or conditions that have a direct information indicating that the Register. impact on individuals (direct impacts), petitioned action may be warranted, the Our regulations establish that as well as those that affect individuals Act requires that we promptly substantial scientific or commercial through alteration of their habitat or commence a review of the status of the information with regard to a 90-day required resources (stressors). The term species, and we will subsequently petition finding refers to credible ‘‘threat’’ may encompass—either complete a status review in accordance scientific or commercial information in together or separately—the source of the with our prioritization methodology for support of the petition’s claims such action or condition, or the action or 12-month findings (81 FR 49248; July that a reasonable person conducting an condition itself. However, the mere 27, 2016). impartial scientific review would identification of any threat(s) may not Summaries of Petition Findings conclude that the action proposed in the be sufficient to compel a finding that the petition may be warranted (50 CFR information in the petition is substantial The petition findings contained in 424.14(h)(1)(i)). information indicating that the this document are listed in the table A species may be determined to be an petitioned action may be warranted. The below, and the basis for each finding, endangered species or a threatened information presented in the petition along with supporting information, is species because of one or more of the must include evidence sufficient to available on http://www.regulations.gov five factors described in section 4(a)(1) suggest that these threats may be under the appropriate docket number.
TABLE STATUS REVIEWS
Common name Docket No. URL to Docket on http://www.regulations.gov
Rio Grande shiner ...... FWS–R2–ES–2020–0054 ...... https://www.regulations.gov/docket?D=FWS-R2-ES-2020-0054. Shasta snow-wreath ...... FWS–R8–ES–2020–0055 ...... https://www.regulations.gov/docket?D=FWS-R8-ES-2020-0055. Threecorner milkvetch ...... FWS–R8–ES–2020–0056 ...... https://www.regulations.gov/docket?D=FWS-R8-ES-2020-0056.
Evaluation of a Petition To List the Rio WildEarth Guardians requesting that the Finding Grande Shiner Rio Grande shiner be listed as an Based on our review of the petition Species and Range endangered species and critical habitat be designated for this species under the and sources cited in the petition, we find that the petition presents Rio Grande shiner (Notropis Act. The petition clearly identified itself substantial scientific or commercial jemezanus); New Mexico, Texas, and as such and included the requisite Mexico. information indicating that the identification information for the petitioned action may be warranted for Petition History petitioner, required at 50 CFR 424.14(c). the Rio Grande shiner due to potential On January 23, 2020, we received a This finding addresses the petition. threats associated with the following: petition dated January 21, 2020, from Dewatering, habitat fragmentation,
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changes in stream morphology and flow be inadequate to address impacts of grazing, off-highway vehicle use, urban regimes, and water quality degradation these threats (Factor D). We will fully development, increased recreation and (Factor A); predation from nonnative evaluate all potential threats during our visitor use in parks, drought, and habitat species (Factor C); and climate change, 12-month status review, pursuant to the fragmentation may be threats to the human population growth, and small Act’s requirement to review the best threecorner milkvetch. We will fully isolated populations (Factor E). The available scientific information when evaluate all potential threats during our petition also presented substantial making that finding. 12-month status review, pursuant to the information that the existing regulatory The basis for our finding on this Act’s requirement to review the best mechanisms may be inadequate to petition, and other information available scientific information when address impacts of these threats (Factor regarding our review of this petition, making that finding. D). We will fully evaluate all potential can be found as an appendix at http:// The basis for our finding on this threats during our 12-month status www.regulations.gov under Docket No. petition, and other information review, pursuant to the Act’s FWS–R8–ES–2020–0055 under the requirement to review the best available Supporting Documents section. regarding our review of the petition, can scientific information when making that be found as an appendix at http:// Evaluation of a Petition To List the www.regulations.gov under Docket No. finding. Threecorner Milkvetch The basis for our finding on this FWS–R8–ES–2020–0056 under the petition, and other information Species and Range Supporting Documents section. regarding our review of the petition, can Threecorner milkvetch (Astragalus Conclusion be found as an appendix at http:// geyeri var. triquetrus); Clark and Lincoln www.regulations.gov under Docket No. Counties, Nevada; Mohave County, On the basis of our evaluation of the FWS–R2–ES–2020–0054 under the Arizona. information presented in the petitions Supporting Documents section. under sections 4(b)(3)(A) and Petition History Evaluation of a Petition To List the 4(b)(3)(D)(i) of the Act, we have Shasta Snow-Wreath On April 25, 2019, we received a determined that the petitions petition dated April 25, 2019, from summarized above for the Rio Grande Species and Range Basin and Range Watch and Western shiner, Shasta snow-wreath, and Shasta snow-wreath (Neviusia Watersheds Project, requesting that the threecorner milkvetch present cliftonii); Shasta County, California. threecorner milkvetch be emergency substantial scientific or commercial listed as threatened or endangered and information indicating that the Petition History critical habitat be designated for this petitioned actions may be warranted. On October 3, 2019, we received a species under the Act. The petition We are, therefore, initiating status petition dated September 30, 2019, from clearly identified itself as such and reviews of these species to determine Kathleen S. Roche and the California included the requisite identification whether the actions are warranted under Native Plant Society, requesting that information for the petitioner, required the Act. At the conclusion of the status Shasta snow-wreath (Neviusia cliftonii) at 50 CFR 424.14(c). The Act does not reviews, we will issue findings, in be listed as endangered or threatened provide for a process to petition accordance with section 4(b)(3)(B) of the and critical habitat be designated for emergency listing; therefore, we are Act, as to whether the petitioned actions this species under the Act. The petition evaluating this petition under the are not warranted, warranted, or clearly identified itself as such and normal process of determining if it warranted but precluded by pending included the requisite identification presents substantial scientific or proposals to determine whether any information for the petitioner, required commercial information indicating that species is an endangered species or a at 50 CFR 424.14(c). This finding the petitioned action may be warranted. threatened species. addresses the petition. This finding addresses the petition. Authors Finding Finding Based on our review of the petition Based on our review of the petition The primary authors of this document and sources cited in the petition, we and sources cited in the petition, we are staff members of the Ecological find that the petition presents find that the petition presents Services Program, U.S. Fish and substantial scientific or commercial substantial scientific or commercial Wildlife Service. information indicating that the information indicating that the Authority petitioned action may be warranted for petitioned action may be warranted for the Shasta snow-wreath due to potential the threecorner milkvetch due to The authority for these actions is the threats under Factor A, including potential threats associated with energy Endangered Species Act of 1973, as impacts of: Raising Shasta Dam and development, utility infrastructure, and amended (16 U.S.C. 1531 et seq.). related activities; ongoing activities, weedy invasive plants (Factor A). The such as mining, logging, and road or petition also presented substantial Martha Williams, trail maintenance; invasive species; and information that the existing regulatory Principal Deputy Director, Exercising the habitat changes, such as landslides and mechanisms may be inadequate to Delegated Authority of the Director, U.S. Fish soil slumping. The petition also address impacts of these threats (Factor and Wildlife Service. presented substantial information that D). The petition also presented [FR Doc. 2021–05946 Filed 3–23–21; 8:45 am] the existing regulatory mechanisms may information suggesting livestock BILLING CODE 4333–15–P
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Notices Federal Register Vol. 86, No. 55
Wednesday, March 24, 2021
This section of the FEDERAL REGISTER ID NRCS–2020–0007. All written multitude of land treatment measures contains documents other than rules or comments received will be posted were implemented between 1961 and proposed rules that are applicable to the without change and publicly available 1963 under the Watershed Protection public. Notices of hearings and investigations, on the website: www.regulation.gov. and Flood Prevention Act of 1954, as committee meetings, agency decisions and amended in 1956. rulings, delegations of authority, filing of FOR FURTHER INFORMATION CONTACT: petitions and applications and agency Angela Biggs, telephone: (608) 662– On the night of August 27, 2018, two statements of organization and functions are 4422, email: [email protected]. In dams over-topped and three dams failed examples of documents appearing in this addition, for questions related to as a result of rainfall amounts up to 11 section. submitting comments via Sundance Hill inches over a 6-hour period. The dams Consulting: Keri Hill at (208) 274–9004, breached along the interface between Fax (208) 478–2032, khill@sundance- the earthfill and bedrock abutments. DEPARTMENT OF AGRICULTURE inc.net, or the project website at: Each breach extended full depth to the www.wfkandccwatershed.com. valley floor. No one was injured or Natural Resources Conservation SUPPLEMENTARY INFORMATION: killed. Large debris fields were observed Service downstream of the dams for about 1⁄4 [Docket No. NRCS–2020–0007] Purpose and Need mile. An unoccupied house was moved The primary purpose for watershed off its foundation. Agricultural lands Notice of Intent To Prepare an planning and preparation of an EIS is and road crossings were damaged. The Environmental Impact Statement for flood prevention and flood damage Sponsors and NRCS are concerned the Coon Creek Watershed, La Crosse, reduction in the Coon Creek Valley. about the commonality in breach Vernon, and Monroe Counties, Watershed planning was authorized descriptions. The consensus is that flow Wisconsin under Public Law 83–566, the through the foundations during high Watershed Protection and Flood pool stage contributed to the failures. A AGENCY: Natural Resources similar vulnerability may exist in the Conservation Service, USDA. Prevention Act of 1954, as amended, and Public Law 78–534, the Flood remaining 11 dams. ACTION: Notice of intent to prepare an Control Act of 1944. NRCS is proposing to develop a Environmental Impact Statement (EIS). This proposed action is prepared Watershed Project Plan (Planning-EIS) to evaluate alternatives to reduce flood SUMMARY: The Natural Resources under the authority of the Watershed damage in the Coon Creek valley Conservation Service (NRCS) Wisconsin Prevention and Flood Protection Act including analysis of the flood control State Office announces its intent to (Pub. L. 83–566). This action is needed structures and the watershed. prepare an EIS for the Coon Creek because three flood control dams failed, Watershed planning under the EIS will Watershed Project in the proximity of and two additional dams over-topped evaluate the effectiveness, Cashton, Westby, Bloomingdale, Coon during an 11-inch rainstorm on August environmental effects, and socio- Valley, and Chaseburg, Wisconsin. 27–28, 2018. These dams are critical to economic impacts of the original project NRCS is requesting comments to prevent future flood damages and loss of measures over the last 59 years. The identify significant issues and life. results of these analyses will provide alternative to be addressed in the EIS Initial agency scoping of this federally the context for determining the from all interested all interested assisted action indicates that proposed environmental, economic, and social individuals. The EIS process will alternatives may have significant local, effects of considered alternatives for examine existing flood control measures regional, or national impacts on the additional (new) flood prevention or and evaluate additional (new) environment. Angela Biggs, State flood damage reduction measures. alternatives identified during scoping. Conservationist, has determined that the preparation of an EIS is needed. This Potential impacts (beneficial and DATES: We will consider comments EIS will be prepared as required by adverse) related to the project include received by April 23, 2021. Comments section 102(2)(C) of the National modifications to ecological habitat, fish received after this date will be Environmental Policy Act of 1969 and wildlife resources, downstream considered to the extent possible. (NEPA); the Council on Environmental effects, flood control capability, ADDRESSES: We invite you to submit Quality Regulations (40 CFR parts 1500– floodplain alteration, safety and comments in response to this notice. 1508); and NRCS regulations that engineering improvements, cultural You may submit your comments implement NEPA in 7 CFR part 650. resources, environmental justice, and through one of the methods below: recreation. An in-depth analysis of • Federal eRulemaking Portal: Go to Description impacts will be evaluated for each http://www.regulations.gov and search A watershed project plan was alternative in the draft Planning-EIS. for docket ID NRCS–2020–0007. Follow developed in 1958 to reduce flood The focused planning area is 68,762 the online instructions for submitting damages in the Coon Creek Valley. acres (107.4 square miles). comments; or Major problems in the watershed were • Mail or Hand Delivery: Keri Hill, floodwater damages to crops and Scoping Process Project Manager, Sundance Consulting, pasture, fences, farmsteads, machinery, Two scoping meetings will be held to Inc., 305 N 3rd Ave., Ste. B, Pocatello, buildings, livestock, county and present the project and develop the ID 83201. township roads and bridges, and urban scope of the draft EIS. The first meeting For written comments that are areas of Coon Valley and Chaseburg. was Wednesday, September 17, 2020 at submitted via mail, specify the docket Fourteen flood control dams and a the Coon Valley Legion Hall. Comments
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received, including the names and DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: addresses of those who comment, will Purpose and Need be part of the public record. Scoping Natural Resources Conservation meeting presentation materials will be Service The primary purpose for watershed planning and preparation of an EIS is available on the project website when [Docket No. NRCS–2020–0006] this notice is published: flood prevention and flood damage reduction in the West Fork Kickapoo www.wfkandccwatershed.com. The Notice of Intent To Prepare an Valley. Watershed planning was date, time, and location for the second Environmental Impact Statement for the West Fork Kickapoo Watershed, authorized under Public Law 83–566, meeting will be announced on the the Watershed Protection and Flood project website. Monroe and Vernon Counties, Wisconsin Prevention Act of 1954, as amended, Alternatives and Public Law 78–534, the Flood AGENCY: Natural Resources Control Act of 1944. The objective of the EIS is to Conservation Service, USDA. This proposed action is prepared formulate and evaluate alternatives for ACTION: Notice of intent to prepare an under the authority of the Watershed flood prevention or flood damage Environmental Impact Statement (EIS). Prevention and Flood Protection Act reduction in the Coon Creek Valley (Pub. L. 83–566). This action is needed through the Village of Chaseburg. SUMMARY: The Natural Resources because two flood control dams failed, Alternatives to be evaluated include the Conservation Service (NRCS) Wisconsin and two additional dams over-topped repair, replacement, relocation, or State Office announces its intent to during an 11-inch rainstorm on August removal of the three failed dams, final prepare an EIS for the West Fork 27–28, 2018. These dams are critical to disposition of future dams that fail or Kickapoo Watershed Project in the prevent future flood damages and loss of life. require major rehabilitation, upland proximity of Cashton, Westby, Viroqua, and Liberty, Wisconsin. NRCS is Initial agency scoping of this federally watershed treatments to reduce runoff, requesting comments to identify assisted action indicates that proposed and land use changes in the floodplain. significant issues and alternatives to be alternatives may have significant local, Implementation of the proposed addressed in the EIS from all interested regional, or national impacts on the federal action would require a Clean individuals. The EIS process will environment. Angela Biggs, State Water Act (CWA) Section 404 permit examine existing flood control measures Conservationist, has determined that the from the U.S. Army Corps of Engineers. and evaluate additional (new) preparation of an EIS is needed. This The project would also require water alternatives identified during scoping. EIS will be prepared as required by quality certification under Section 401 DATES: We will consider comments that section 102(2)(C) of the National of the CWA. Permitting under Section we receive by April 23, 2021. Comments Environmental Policy Act of 1969 402 of the CWA (National Pollutant received after this date will be (NEPA); the Council on Environmental Discharge Elimination System Permit) considered to the extent possible. Quality Regulations (40 CFR parts 1500– 1508); and NRCS regulations that may be required. Local dam safety and ADDRESSES: We invite you to submit floodplain permits may be required comments in response to this notice. implement NEPA in 7 CFR part 650. dependent upon the selected You may submit your comments Description alternative. A draft EIS will be prepared through one of the methods below: • A watershed project plan was and circulated for review and comment Federal eRulemaking Portal: Go to developed in 1961 to reduce flood by agencies and the public per 40 CFR http://www.regulations.gov and search damages in the West Fork Kickapoo 1503.1, 1502.20, 1506.11, 1502.17, and for docket ID NRCS–2020–0006. Follow Valley. Major problems in the watershed 7 CFR 650.13. The draft EIS is estimated the online instructions for submitting were floodwater damages to crops and to be complete and available for public comments; or • pasture, fences, farmsteads, machinery, review in 2021. NRCS invites agencies Mail or Hand Delivery: Keri Hill, buildings, livestock, county and and individuals who have special Project Manager, Sundance Consulting, township roads and bridges, and urban expertise, legal jurisdiction, or interest Inc., 305 N 3rd Ave., Ste. B, Pocatello, areas in the Town of Liberty. Nine flood in the Coon Creek Watershed to ID 83201. control dams and a multitude of land For written comments that are participate and identify potential treatment measures were implemented submitted via mail, specify the docket alternatives. between 1956 and 1971 under the ID NRCS–2020–0006. All comments Watershed Protection and Flood Federal Assistance Programs received will be posted without change Prevention Act of 1954, as amended in and publicly available on The title and number of the Federal 1956. www.regulation.gov. On the night of August 27, 2018, two assistance program in the Catalog of FOR FURTHER INFORMATION CONTACT: dams over-topped and two dams failed Federal Domestic Assistance to which Angela Biggs, telephone: 608–662–4422; as a result of rainfall amounts up to 11 this NOFA applies: 10.904 Watershed email: [email protected]. In inches over a 6-hour period. The dams Protection and Flood Prevention- and is addition, for questions related to breached along the interface between subject to the provisions of Executive submitting comments via Sundance Hill the earthfill and bedrock abutments. Order 12372, which requires Consulting: Kari Hill at 202–274–9004, Each breach extended full depth to the intergovernmental consultation with Fax (208) 478–2032, khill@sundance- valley floor. No one was injured or State and local officials. inc.net, or the project website at: killed. Large debris fields were observed 1 Angela Biggs, www.wfkandccwatershed.com. Persons downstream of the dams for about ⁄4 with disabilities who require alternative mile. An unoccupied house was moved Wisconsin State Conservationist, Natural means for communication should off its foundation. Agricultural lands Resources Conservation Service. contact the U.S. Department of and road crossings were damaged. The [FR Doc. 2021–06050 Filed 3–23–21; 8:45 am] Agriculture (USDA) Target Center at Sponsors and NRCS are concerned BILLING CODE 3410–16–P (202) 720–2600 (voice). about the commonality in breach
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descriptions. The consensus is that flow from the US Army Corps of Engineers. material and specific finished product through the foundations during high The project would also require water described in the submitted notification pool stage contributed to the failures. A quality certification under Section 401 (as described below) and subsequently similar vulnerability may exist in the of the CWA. Permitting under Section authorized by the FTZ Board. remaining seven dams. 402 of the CWA (National Pollutant Production under FTZ procedures NRCS is proposing to develop a Discharge Elimination System Permit) could exempt IPR Pharmaceuticals from Watershed Project Plan (Planning-EIS) may be required. Local dam safety and customs duty payments on the foreign- to evaluate alternatives to reduce flood floodplain permits may be required status materials/components used in damage in the West Fork Kickapoo dependent upon the selected export production. On its domestic valley including analysis of the flood alternative. A draft EIS will be prepared sales, for the foreign-status materials/ control structures and the watershed. and circulated for review and comment components noted below and in the Watershed planning under the EIS will by agencies and the public per 40 CFR existing scope of authority, IPR evaluate the effectiveness, 1503.1, 1502.20, 1506.11, 1502.17, and Pharmaceuticals would be able to environmental effects, and socio- 7 CFR 650.13. The draft EIS is estimated choose the duty rate during customs economic impacts of the original project to be complete and available for public entry procedures that applies to measures over the last 64 years. The review in 2021. NRCS invites agencies FARXIGA\FORXIGA (dapagliflozin) results of these analyses will provide and individuals who have special tablets (duty-free). IPR Pharmaceuticals the context for determining the expertise, legal jurisdiction, or interest would be able to avoid duty on foreign- environmental, economic, and social in the West Fork Kickapoo Watershed to status components which become scrap/ effects of considered alternatives for participate and identify potential waste. Customs duties also could additional (new) flood prevention or alternatives. possibly be deferred or reduced on flood damage reduction measures. foreign-status production equipment. Federal Assistance Programs Potential impacts (beneficial and The material sourced from abroad is adverse) related to the project include The title and number of the Federal dapagliflozin active pharmaceutical modifications to ecological habitat, fish assistance program in the Catalog of ingredient (duty rate 6.5%). The request and wildlife resources, downstream Federal Domestic Assistance to which indicates the foreign-status material is effects, flood control capability, this NOFA applies: 10.904 Watershed subject to duties under Section 301 of floodplain alteration, safety and Protection and Flood Prevention and is the Trade Act of 1974 (Section 301), engineering improvements, cultural subject to the provisions of Executive depending on the country of origin. The resources, environmental justice, and Order 12372, which requires applicable Section 301 decisions require recreation. An in-depth analysis of intergovernmental consultation with subject merchandise to be admitted to impacts will be evaluated for each State and local officials. FTZs in privileged foreign status (19 alternative in the draft Planning-EIS. Angela Biggs, CFR 146.41). The focused planning area is 63,761 Public comment is invited from acres (99.6 square miles). Wisconsin State Conservationist, Natural Resources Conservation Service. interested parties. Submissions shall be addressed to the Board’s Executive Scoping Process [FR Doc. 2021–06049 Filed 3–23–21; 8:45 am] Secretary and sent to: [email protected]. The Two scoping meetings will be held to BILLING CODE 3410–16–P closing period for their receipt is May 3, present the project and develop the 2021. scope of the draft EIS. The first meeting A copy of the notification will be was Wednesday, September 16, 2020 at DEPARTMENT OF COMMERCE available for public inspection in the the Cashton Community Hall. ‘‘Reading Room’’ section of the Board’s Comments received, including the Foreign-Trade Zones Board website, which is accessible via names and addresses of those who [B–23–2021] www.trade.gov/ftz. comment, will be part of the public For further information, contact record. Scoping meeting presentation Foreign-Trade Zone (FTZ) 7— Christopher Wedderburn at materials will be available on the project Mayaguez, Puerto Rico; Notification of [email protected]. website when this notice is published: Proposed Production Activity; IPR www.wfkandccwatershed.com. The Pharmaceuticals, Inc.; (Pharmaceutical Dated: March 19, 2021. date, time, and location for the second Products); Canovanas, Puerto Rico Andrew McGilvray, meeting will be announced on the Executive Secretary. project website. IPR Pharmaceuticals, Inc., (IPR [FR Doc. 2021–06064 Filed 3–23–21; 8:45 am] Pharmaceuticals) submitted a BILLING CODE 3510–DS–P Alternatives notification of proposed production The objective of the EIS is to activity to the FTZ Board for its facility formulate and evaluate alternatives for in Canovanas, Puerto Rico. The DEPARTMENT OF COMMERCE flood prevention or flood damage notification conforming to the reduction in the West Fork Kickapoo requirements of the regulations of the Foreign-Trade Zones Board Valley through the Town of Liberty. FTZ Board (15 CFR 400.22) was [B–22–2021] Alternatives to be evaluated include the received on March 15, 2021. repair, replacement, relocation, or IPR Pharmaceuticals already has Foreign-Trade Zone (FTZ) 123— removal of the two failed dams, final authority to produce certain Denver, Colorado, Notification of disposition of future dams that fail or pharmaceutical products within FTZ 7. Proposed Production Activity; require major rehabilitation, upland The current request would add a Lockheed Martin Corporation, watershed treatments to reduce runoff, finished product and foreign status Lockheed Martin Space (Satellites and and land use changes in the floodplain. material to the scope of authority. Other Spacecraft), Littleton, Colorado Implementation of the proposed Pursuant to 15 CFR 400.14(b), federal action would require a Clean additional FTZ authority would be Lockheed Martin Corporation, Water Act (CWA) Section 404 permit limited to the specific foreign-status Lockheed Martin Space (formerly
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Lockheed Martin Space Systems Dated: March 19, 2021. Scope of the Order 3 Company) (Lockheed Martin) submitted Andrew McGilvray, The merchandise subject to the Order a notification of proposed production Executive Secretary. is carbon and alloy steel cut-to-length activity to the FTZ Board for its facility [FR Doc. 2021–06063 Filed 3–23–21; 8:45 am] plate. The product is currently classified in Littleton, Colorado. The notification BILLING CODE 3510–DS–P under the Harmonized Tariff Schedule conforming to the requirements of the of the United States (HTSUS) regulations of the FTZ Board (15 CFR subheadings 7208.40.3030, 400.22) was received on March 17, DEPARTMENT OF COMMERCE 7208.40.3060, 7208.51.0030, 2021. International Trade Administration 7208.51.0045, 7208.51.0060, Lockheed Martin already has 7208.52.0000, 7211.13.0000, authority to produce satellites and other [A–580–887] 7211.14.0030, 7211.14.0045, spacecraft for space-based use and 7225.40.1110, 7225.40.1180, Carbon and Alloy Steel Cut-To-Length subsystems for satellites and other 7225.40.3005, 7225.40.3050, Plate From the Republic of Korea: spacecraft within Subzone 123G. The 7226.20.0000, and 7226.91.5000. current request would add three foreign Final Results of Antidumping Duty The products subject to the status materials/components to the Administrative Review; 2018–2019 investigations may also enter under the scope of authority. Pursuant to 15 CFR AGENCY: Enforcement and Compliance, following HTSUS subheadings: 400.14(b), additional FTZ authority International Trade Administration, 7208.40.6060, 7208.53.0000, would be limited to the specific foreign- Department of Commerce. 7208.90.0000, 7210.70.3000, status materials/components described 7210.90.9000, 7211.19.1500, in the submitted notification (as SUMMARY: The Department of Commerce 7211.19.2000, 7211.19.4500, described below) and subsequently (Commerce) is conducting an 7211.19.6000, 7211.19.7590, authorized by the FTZ Board. administrative review of the antidumping duty order on carbon and 7211.90.0000, 7212.40.1000, Production under FTZ procedures alloy steel cut-to-length plate from the 7212.40.5000, 7212.50.0000, could exempt Lockheed Martin from Republic of Korea. The period of review 7214.10.000, 7214.30.0010, customs duty payments on the foreign- (POR) is May 1, 2018, through April 30, 7214.30.0080, 7214.91.0015, status materials/components used in 2019. The review covers one producer/ 7214.91.0060, 7214.91.0090, export production. On its domestic exporter of the subject merchandise, 7225.11.0000, 7225.19.0000, sales, for the foreign-status materials/ POSCO/POSCO International 7225.40.5110, 7225.40.5130, components noted below, Lockheed Corporation and its affiliated companies 7225.40.5160, 7225.40.7000, Martin would be able to choose the duty (collectively, the POSCO single entity). 7225.99.0010, 7225.99.0090, rates during customs entry procedures We determine that sales of subject 7206.11.1000, 7226.11.9060, that apply to satellites and other craft merchandise by the POSCO single entity 7229.19.1000, 7226.19.9000, for space-based use and subsystems for were not made at prices below normal 7226.91.0500, 7226.91.1530, satellites and other spacecraft (duty- value (NV). 7226.91.1560, 7226.91.2530, free). Lockheed Martin would be able to DATES: Applicable March 24, 2021. 7226.91.2560, 7226.91.7000, avoid duty on foreign-status 7226.91.8000, and 7226.99.0180. components which become scrap/waste. FOR FURTHER INFORMATION CONTACT: The HTSUS subheadings are provided Customs duties also could possibly be Joshua Simonidis or William Horn, AD/ for convenience and customs purposes deferred or reduced on foreign-status CVD Operations, Office VIII, only; the written product description of production equipment. Enforcement and Compliance, the scope of the Order is dispositive. For The materials/components sourced International Trade Administration, a complete description of the scope of from abroad include rechargeable U.S. Department of Commerce, 1401 the Order, see the Preliminary Results.4 lithium-ion batteries, electric thrusters, Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0608 or and payload adapter assemblies (duty Analysis of Comments Received (202) 482–4868, respectively. rate ranges from duty-free to 3.4%). The All issues raised in the parties’ case request indicates that certain materials/ SUPPLEMENTARY INFORMATION: and rebuttal briefs are addressed in the components are subject to duties under Background Issues and Decision Memorandum and Section 301 of the Trade Act of 1974 Commerce published the Preliminary are listed in the appendix to this notice. (Section 301), depending on the country Results on July 27, 2020.1 We invited The Issues and Decision Memorandum of origin. The applicable Section 301 interested parties to comment on the is a public document and is on-file decisions require subject merchandise Preliminary Results. For a complete electronically via Enforcement and to be admitted to FTZs in privileged description of the events that occurred Compliance’s Antidumping and foreign status (19 CFR 146.41). subsequent to the Preliminary Results, Countervailing Duty Centralized Public comment is invited from see the Issues and Decision Electronic Service System (ACCESS). interested parties. Submissions shall be Memorandum.2 ACCESS is available to registered users addressed to the Board’s Executive at https://access.trade.gov. In addition, a Secretary and sent to: [email protected]. The 1 See Carbon and Alloy Steel Cut-to-Length Plate complete version of the Issues and closing period for their receipt is May 3, from the Republic of Korea: Preliminary Results of Decision Memorandum can be accessed 2021. Antidumping Duty Review; 2018–2019; 85 FR 45165 A copy of the notification will be (July 27, 2020) (Preliminary Results), and accompanying Preliminary Decision Memorandum 3 See Certain Carbon and Alloy Steel Cut-To- available for public inspection in the (PDM). Length Plate From Austria, Belgium, France, the ‘‘Reading Room’’ section of the Board’s 2 See Memorandum, ‘‘Issues and Decision Federal Republic of Germany, Italy, Japan, the website, which is accessible via Memorandum for the Final Results in the 2018– Republic of Korea, and Taiwan: Amended Final www.trade.gov/ftz. 2019 Antidumping Duty Administrative Review of Affirmative Antidumping Determinations for Carbon and Alloy Steel Cut-to-Length Plate from the France, the Federal Republic of Germany, the For further information, contact Republic of Korea,’’ dated concurrently with, and Republic of Korea and Taiwan, and Antidumping Juanita Chen at [email protected] hereby adopted by, this notice (Issues and Decision Duty Orders, 82 FR 24096 (May 25, 2017) (Order). or 202–482–1378. Memorandum). 4 See Preliminary Results PDM at 3–7.
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directly on the internet at http:// appropriate entries without regard to producer is, the cash deposit rate will be enforcement.trade.gov/frn/index.html. antidumping duties.7 the rate established for the most recently Commerce’s ‘‘reseller policy’’ will completed segment of the proceeding Changes Since the Preliminary Results apply to entries of subject merchandise for the producer of the merchandise; Based on the comments received from during the POR produced by companies and (4) the cash deposit rate for all other interested parties and record included in these final results of review producers and exporters will continue information, we made certain changes to for which the reviewed companies did to be 7.10 percent ad valorem, the all- our preliminary dumping margin not know that the merchandise they others rate established in the LTFV 10 calculations for the POSCO single sold to the intermediary (e.g., a reseller, investigation. entity. For a discussion of these trading company, or exporter) was These cash deposit requirements, changes, see the Issues and Decision destined for the United States. In such when imposed, shall remain in effect Memorandum. instances, we will instruct CBP to until further notice. liquidate unreviewed entries at the all- Final Results of the Review others rate if there is no rate for the Notification to Importers Regarding the intermediate company(ies) involved in Reimbursement of Duties As a result of this review, we 8 the transaction. This notice also serves as a final determine the following weighted- 9 Consistent with its recent notice, reminder to importers of their average dumping margin exists for the Commerce intends to issue assessment responsibility under 19 CFR POR: instructions to CBP no earlier than 35 351.402(f)(2) to file a certificate days after the date of publication of the regarding the reimbursement of Weighted- final results of this review in the average antidumping duties prior to liquidation Exporter or producer dumping Federal Register. If a timely summons is of the relevant entries during the POR. margin filed at the U.S. Court of International Failure to comply with this requirement (percent) Trade, the assessment instructions will could result in Commerce’s direct CBP not to liquidate relevant presumption that reimbursement of POSCO single entity 5 ...... 00.00 entries until the time for parties to file antidumping duties occurred and the a request for a statutory injunction has subsequent assessment of double Disclosure expired (i.e., within 90 days of antidumping duties. publication). Commerce intends to disclose the Notification Regarding Administrative calculations performed for these final Cash Deposit Requirements Protective Order results of review within five days of the The following deposit requirements This notice also serves as a reminder date of publication of this notice in the will be effective for all shipments of the Federal Register, in accordance with to parties subject to administrative subject merchandise entered, or protective orders (APO) of their section 751(a) of the Act and 19 CFR withdrawn from warehouse, for 351.224(b). responsibility concerning the return or consumption on or after the publication destruction of proprietary information Assessment Rates date of the final results of this disclosed under APO in accordance administrative review, as provided by with 19 CFR 351.305(a)(3), which Commerce has determined, and U.S. section 751(a)(2)(C) of the Act: (1) The continues to govern business Customs and Border Protection (CBP) cash deposit rate for the POSCO single proprietary information in this segment shall assess, antidumping duties on all entity will be equal to the weighted- of the proceeding. Timely written appropriate entries of subject average dumping margin established in notification of the return or destruction merchandise in accordance with these the final results of this administrative of APO materials, or conversion to 6 final results of review. Because the review (i.e., zero percent); (2) for judicial protective order, is hereby weighted-average dumping margin for merchandise exported by a producer or requested. Failure to comply with the the POSCO single entity is zero percent, exporter not covered in this review but regulations and the terms of an APO is we will instruct CBP to liquidate the covered in a prior segment of the a sanctionable violation. proceeding, the cash deposit rate will 5 Commerce continues to determine that POSCO, continue to be the company-specific rate Notification to Interested Parties POSCO International Corporation (successor in published for the most recently We are issuing and publishing this interest to POSCO Daewoo Corporation), POSCO completed segment of this proceeding in notice in accordance with sections Processing & Service Co., Ltd., and certain which the producer or exporter distributors and service centers (Taechang Steel Co., 751(a)(1) and 777(i)(1) of the Act, and 19 participated; (3) if the exporter is not a Ltd., Winsteel Co., Ltd., Moonbae Steel Co., Ltd., CFR 351.221(b)(5). Dae Dong Steel Co., Ltd., Shinjin Esco Co., Ltd., and firm covered in this review, a prior Shilla Steel Co., Ltd.) are affiliated pursuant to review, or the original less-than-fair- Dated: March 18, 2021. section 771(33)(E) of the Tariff Act of 1930, as value (LTFV) investigation, but the Christian Marsh, amended (the Act), and that these companies should be treated as a single entity (collectively, the Acting Assistant Secretary for Enforcement POSCO single entity) pursuant to 19 CFR 7 See Antidumping Proceedings: Calculation of and Compliance. 351.401(f). Our collapsing determination with the Weighted-Average Dumping Margin and respect to Moonbae Steel Co., Ltd. and Dae Dong Assessment Rate in Certain Antidumping Appendix Steel Co., Ltd. relates only to the portion of the POR Proceedings: Final Modification, 77 FR 8101, 8102 List of Topics Discussed in the Issues and (February 14, 2012). during which these companies were affiliated with Decision Memorandum POSCO, i.e., from May 1, 2018 to July 2, 2018, and 8 For a full discussion of this practice, see from May 1, 2018 to June 20, 2018, respectively. See Antidumping and Countervailing Duty Proceedings: I. Summary Preliminary Results and PDM at 9–10; see also Assessment of Antidumping Duties, 68 FR 23954 II. Background Memorandum, ‘‘2018–2019 Antidumping Duty (May 6, 2003). III. The POSCO Single Entity Administrative Review of Certain Carbon and Alloy 9 See Notice of Discontinuation of Policy to Issue IV. Changes Since the Preliminary Results Steel Cut-to-Length Plate from the Republic of Liquidation Instructions After 15 Days in V. Discussion of the Issues Korea: Affiliation and Collapsing Memorandum,’’ Applicable Antidumping and Countervailing Duty dated July 20, 2020. Administrative Proceedings, 86 FR 3995 (January 6 See 19 CFR 351.212(b). 15, 2021). 10 See Order, 82 FR at 24098.
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Comment 1: Affiliation Between POSCO On July 22, 2020, Commerce Issues and Decision Memorandum is a and Shilla Steel Co., Ltd. published the Preliminary Results.1 In public document and is on file Comment 2: Home Market Freight Revenue August 2020, certain of the petitioners 2 electronically via Enforcement and Capping and NVR submitted case and rebuttal Compliance’s Antidumping and Comment 3: Freight Revenue Reported as briefs. For a description of the events Billing Adjustments Countervailing Duty Centralized Comment 4: POSCO International that occurred since the Preliminary Electronic Service System (ACCESS). Corporation’s Plate Fabricating Division Results, see the Issues and Decision ACCESS is available to registered users Comment 5: Application of Adverse Facts Memorandum.3 On July 21, 2020, at http://access.trade.gov. In addition, a Available (AFA) to POSCO’s Conversion Commerce tolled all deadlines in complete version of the Issues and Costs administrative reviews by an additional Decision Memorandum can be accessed Comment 6: Application of AFA for 60 days.4 On December 30, 2020, we directly at http://enforcement.trade.gov/ POSCO’s Service Centers’ Reporting extended the deadline for the final frn/index.html. VI. Recommendation results by 60 days, until March 18, [FR Doc. 2021–06068 Filed 3–23–21; 8:45 am] 2021.5 The deadline for the final results Determination of No Shipments BILLING CODE 3510–DS–P of this review is now March 18, 2021. As noted in the Preliminary Results, Commerce conducted this we received a no shipment claim from administrative review in accordance one company involved in this DEPARTMENT OF COMMERCE with section 751 of the Tariff Act of administrative review, Lyman Steel 1930, as amended (the Act). Company (Lyman). In the Preliminary International Trade Administration Scope of the Order Results, we preliminarily determined that Lyman had no reviewable [A–475–834] The products covered by the order are transactions during the POR. We certain carbon and alloy steel hot-rolled received no comments from interested Certain Carbon and Alloy Steel Cut-To- or forged flat plate products not in coils, parties with respect to this claim. Length Plate From Italy: Final Results whether or not painted, varnished, or Therefore, because the record indicates of Antidumping Duty Administrative coated with plastics or other non- that this company did not export subject Review and Final Determination of No metallic substances from Italy. Products merchandise to the United States during Shipments; 2018–2019 subject to the order are currently the POR, we continue to find that classified in the Harmonized Tariff Lyman had no reviewable transactions AGENCY: Enforcement and Compliance, Schedule of the United States (HTSUS) during the POR. Accordingly, consistent International Trade Administration, under item numbers: 7208.40.3030, with Commerce’s practice, we intend to Department of Commerce. 7208.40.3060, 7208.51.0030, instruct U.S. Customs and Border 7208.51.0045, 7208.51.0060, SUMMARY: Protection (CBP) to liquidate any The Department of Commerce 7208.52.0000, 7211.13.0000, existing entries of merchandise (Commerce) determines that producers 7211.14.0030, 7211.14.0045, produced by Lyman, but exported by and/or exporters subject to this 7225.40.1110, 7225.40.1180, other parties, at the rate for the administrative review made sales of 7225.40.3005, 7225.40.3050, intermediate reseller, if available, or at subject merchandise at less than normal 7226.20.0000, and 7226.91.5000. the all-others rate.7 value during the period of review (POR), Although the HTSUS subheadings are May 1, 2018, through April 30, 2019. provided for convenience and customs Changes Since the Preliminary Results Additionally, Commerce determines purposes, the written description of the Based on a review of the record and that a company for which we initiated merchandise subject to this scope is comments received from interested a review had no shipments during the dispositive.6 POR. parties regarding our Preliminary Analysis of Comments Received Results, we made no changes to the DATES: Applicable March 24, 2021. All issues raised in the case and preliminary weighted-average margin FOR FURTHER INFORMATION CONTACT: rebuttal briefs are listed in the appendix calculations for OTS, NVR, or for those Alice Maldonado or David Crespo, AD/ to this notice and addressed in the companies not selected for individual 8 CVD Operations, Office II, Enforcement Issues and Decision Memorandum. The review. and Compliance, International Trade Final Results of the Review Administration, U.S. Department of 1 See Certain Carbon and Alloy Steel Cut-To- Commerce, 1401 Constitution Avenue Length Plate from Italy: Preliminary Results of We continue to assign the following NW, Washington, DC 20230; telephone: Antidumping Duty Administrative Review and weighted-average dumping margins to Preliminary Determination of No Shipments; 2018– the firms listed below for the period (202) 482–4682 or (202) 482–3693, 2019, 85 FR 44283 (July 22, 2020) (Preliminary respectively. Results). May 1, 2018, through April 30, 2019: 2 This company is Nucor Corporation. SUPPLEMENTARY INFORMATION: 3 See Memorandum, ‘‘Issues and Decision Weighted- Memorandum for the Final Results of the 2018– average Background 2019 Administrative Review of the Antidumping Producer/exporter dumping Duty Order on Certain Carbon and Alloy Steel Cut- margin This review covers seven producers To-Length Plate from Italy,’’ dated concurrently (percent) and/or exporters of the subject with, and hereby adopted by, these results (Issues NLMK Verona SpA ...... 1.39 merchandise. Commerce selected two and Decision Memorandum). 4 companies, NLMK Verona SpA (NVR) See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty 7 See, e.g., Magnesium Metal from the Russian and Officine Tecnosider s.r.l. (OTS), for Administrative Reviews,’’ dated July 21, 2020. Federation: Preliminary Results of Antidumping individual examination. The producers 5 See Memorandum, ‘‘Certain Carbon and Alloy Duty Administrative Review, 75 FR 26922, 26923 and/or exporters not selected for Steel Cut-To-Length Plate from Italy; 2018–2019 (May 13, 2010), unchanged in Magnesium Metal individual examination are listed in the Administrative Review: Extension of Deadline for from the Russian Federation: Final Results of Final Results,’’ dated December 30, 2020. Antidumping Duty Administrative Review, 75 FR ‘‘Final Results of the Review’’ section of 6 For a full description of the scope of the order, 56989 (September 17, 2010). this notice. see Issues and Decision Memorandum. 8 See Issues and Decision Memorandum.
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Weighted- unreviewed entries at the all-others rate deposit requirements, when imposed, average if there is no rate for the intermediate shall remain in effect until further Producer/exporter dumping company(ies) involved in the notice. margin transaction. As indicated above, for (percent) Notification to Importers Lyman, we will instruct CBP to Officine Tecnosider s.r.l ...... 1.23 liquidate any existing entries of This notice serves as a final reminder merchandise produced by Lyman, but to importers of their responsibility Review-Specific Average Rate Applicable exported by other parties, at the all- under 19 CFR 351.402(f)(2) to file a to the Following Companies 9 others rate if there is no rate for the certificate regarding the reimbursement intermediate company(ies) involved in O.ME.P SpA ...... 1.30 of antidumping duties prior to the transaction. liquidation of the relevant entries Ofar SpA ...... 1.30 12 Sesa SpA ...... 1.30 Consistent with its recent notice, during this review period. Failure to Tim-Cop Doo Temerin ...... 1.30 Commerce intends to issue assessment comply with this requirement could instructions to CBP no earlier than 35 result in Commerce’s presumption that Assessment Rates days after the date of publication of the reimbursement of antidumping duties final results of this review in the Pursuant to section 751(a)(2)(C) of the occurred and the subsequent assessment Federal Register. If a timely summons is of double antidumping duties. Act, and 19 CFR 351.212(b)(1), filed at the U.S. Court of International Commerce has determined, and CBP Trade, the assessment instructions will Notification Regarding Administrative shall assess, antidumping duties on all direct CBP not to liquidate relevant Protective Order appropriate entries of subject entries until the time for parties to file This notice serves as the only merchandise in accordance with the a request for a statutory injunction has final results of this review. reminder to parties subject to expired (i.e., within 90 days of administrative protective order (APO) of Where the respondent did not report publication). entered value or reported amounts their responsibility concerning the based on average data, we calculated the Cash Deposit Requirements disposition of proprietary information disclosed under APO in accordance entered value in order to calculate the The following cash deposit with 19 CFR 351.305(a)(3), which assessment rate. Where either the requirements will be effective for all continues to govern business respondent’s weighted-average dumping shipments of the subject merchandise proprietary information in this segment margin is zero or de minimis within the entered, or withdrawn from warehouse, of the proceeding. Timely written meaning of 19 CFR 351.106(c)(1), or an for consumption on or after the notification of return/destruction of importer-specific rate is zero or de publication date of the final results of minimis, we will instruct CBP to this administrative review, as provided APO materials or conversion to judicial liquidate the appropriate entries by section 751(a)(2)(C) of the Act: (1) protective order is hereby requested. without regard to antidumping duties. The cash deposit rate for each specific Failure to comply with the regulations For the companies which were not company listed above will be that and the terms of an APO is a selected for individual review, we will established in the final results of this sanctionable violation. assign an assessment rate based on the review, except if the rate is less than Notification to Interested Parties publicly-ranged weighted average 10 of 0.50 percent and, therefore, de minimis the cash deposit rates calculated for within the meaning of 19 CFR This notice is being issued in NVR and OTS. The final results of this 351.106(c)(1), in which case the cash accordance with sections 751(a)(1) and review shall be the basis for the deposit rate will be zero; (2) for 777(i) of the Act, and 19 CFR 351.213. assessment of antidumping duties on previously investigated companies not Dated: March 18, 2021. entries of merchandise covered by the participating in this review, the cash Christian Marsh, final results of this review and for future deposit will continue to be the Acting Assistant Secretary for Enforcement deposits of estimated duties, where company-specific rate published for the and Compliance. applicable.11 most recently completed segment of this Commerce’s ‘‘automatic assessment’’ proceeding; (3) if the exporter is not a Appendix will apply to entries of subject firm covered in this review, or the List of Topics Discussed in the Issues and merchandise during the POR produced original less-than-fair-value (LTFV) Decision Memorandum by companies included in these final investigation, but the manufacturer is, I. Summary results of review for which the reviewed then the cash deposit rate will be the II. Background companies did not know that the rate established for the most recent III. Scope of the Order merchandise they sold to the segment for the manufacturer of the IV. Discussion of the Issues intermediary (e.g., a reseller, trading merchandise; and (4) the cash deposit Comment 1: NVR’s Sales of Non-Prime and company, or exporter) was destined for rate for all other manufacturers or Overrun Merchandise the United States. In such instances, we exporters will continue to be 6.08 Comment 2: NVR’s Cost Differences Unrelated to Defined Physical will instruct CBP to liquidate percent, the all-others rate established Characteristics 13 in the LTFV investigation. These Comment 3: NVR’s Costs for Merchandise 9 This rate is based on the rates for the Produced Prior to the Period of Review respondents that were selected for individual 12 See Notice of Discontinuation of Policy to Issue (POR) review, excluding rates that are zero, de minimis, Liquidation Instructions After 15 Days in Comment 4: Whether Section 232 Duties or based entirely on facts available. See section Applicable Antidumping and Countervailing Duty Should be Deducted from U.S. Price 735(c)(5)(A) of the Act; see also Memorandum, Administrative Proceedings, 86 FR 884 (January 15, ‘‘Preliminary Results of the Antidumping 2021). V. Recommendation Administrative Review of Certain Carbon and Alloy 13 See Certain Carbon and Alloy Steel Cut-To- [FR Doc. 2021–06062 Filed 3–23–21; 8:45 am] Steel Cut-To-Length Plate from Italy: Calculation of Length Plate from Austria, Belgium, France, the BILLING CODE 3510–DS–P the Cash Deposit Rate for Non-Reviewed Federal Republic of Germany, Italy, Japan, the Companies,’’ dated July 6, 2020. Republic of Korea, and Taiwan: Amended Final 10 Id. Affirmative Antidumping Determinations for Republic of Korea, and Taiwan, and Antidumping 11 See section 751(a)(2)(C) of the Act. France, the Federal Republic of Germany, the Duty Orders, 82 FR 24096, 24098 (May 25, 2017).
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DEPARTMENT OF COMMERCE Commerce published in the Federal Schedule of the United States (HTS) Register a notice initiating an under item numbers 7208.40.3030, International Trade Administration administrative review of the 7208.40.3060, 7208.51.0030, 3 [A–823–808] Agreement. The period of review (POR) 7208.51.0045, 7208.51.0060, is November 1, 2018 through October 7208.52.0000, 7208.53.0000, Agreement Suspending the 31, 2019. 7208.90.0000, 7210.70.3000, Antidumping Investigation of Certain For a complete description of the 7210.90.9000, 7211.13.0000, Cut-To-Length Carbon Steel Plate events that followed the initiation of 7211.14.0030, 7211.14.0045, From Ukraine: Preliminary Results of this administrative review, see the 7211.90.0000, 7212.40.1000, 2018–2019 Administrative Review Preliminary Decision Memorandum.4 7212.40.5000, and 7212.50.0000. The Preliminary Decision Memorandum Although the HTS subheadings are AGENCY: Enforcement and Compliance, is a public document and is on file provided for convenience and customs International Trade Administration, electronically via Enforcement and purposes, the written description of the Department of Commerce. Compliance’s Antidumping and scope of the Agreement is dispositive. SUMMARY: The Department of Commerce Countervailing Duty Centralized Specifically excluded from subject (Commerce) is conducting an Electronic Service System (ACCESS). merchandise within the scope of the administrative review of the Agreement ACCESS is available to registered users Agreement is grade X–70 plate. at https://access.trade.gov. In addition, a Suspending the Antidumping Methodology and Preliminary Results Investigation of Certain Cut-to-Length complete version of the Preliminary Carbon Steel Plate from Ukraine Decision Memorandum can be accessed Commerce is conducting this review (Agreement). We preliminarily find that directly at http://enforcement.trade.gov/ in accordance with section 751(a)(1)(C) signatory Ukrainian producers/exporters frn/. of the Act, which specifies that Commerce shall ‘‘review the current Azovstal Iron & Steel Works (Azovstal) Scope of Review and Ilyich Iron and Steel Works (Ilyich), status of, and compliance with, any which are subsidiaries of Metinvest For purposes of this Agreement, the agreement by reason of which an Holding LLC (Metinvest), and were products covered are hot-rolled iron and investigation was suspended.’’ In this individually examined in this review, non-alloy steel universal mill plates case, Commerce and Ukrainian are in compliance with the Agreement (i.e., flat-rolled products rolled on four producers/exporters Azovstal, Ilyich, and that the Agreement is meeting the faces or in a closed box pass, of a width and Alchevsk signed the Agreement on statutory requirements under sections exceeding 150 mm but not exceeding September 29, 2008 under section 734(b) and (d) of the Tariff Act of 1930, 1250 mm and of a thickness of not less 734(b) of the Act. Section 734(b) as amended (the Act). The period of than 4 mm, not in coils and without provides that Commerce may suspend review (POR) is November 1, 2018 patterns in relief), of rectangular shape, an investigation if the exporters of the through October 31, 2019. neither clad, plated nor coated with subject merchandise who account for metal, whether or not painted, substantially all of the imports of that DATES: Applicable March 24, 2021. varnished, or coated with plastics or merchandise agree to revise their prices FOR FURTHER INFORMATION CONTACT: other nonmetallic substances; and to eliminate completely any amount by Sally C. Gannon or Jill Buckles, Bilateral certain iron and non-alloy steel flat- which the normal value (NV) of the Agreements Unit, Enforcement and rolled products not in coils, of merchandise which is the subject of the Compliance, International Trade rectangular shape, hot-rolled, neither agreement exceeds the export price (or Administration, U.S. Department of clad, plated, nor coated with metal, the constructed export price) of that Commerce, 1401 Constitution Avenue whether or not painted, varnished, or merchandise. In addition, section 734(d) NW, Washington, DC 20230; telephone: coated with plastics or other of the Act requires that Commerce be (202) 482–0162 or (202) 482–6230, nonmetallic substances, 4.75 mm or satisfied that suspension of the respectively. more in thickness and of a width which investigation is in the public interest SUPPLEMENTARY INFORMATION: exceeds 150 mm and measures at least and that effective monitoring of the twice the thickness. Included as subject agreement is practicable. Background merchandise in the Agreement are flat- Under sections C and D of the On September 29, 2008, Commerce rolled products of nonrectangular cross- Agreement, a signatory producer/ signed an agreement with Ukrainian section where such cross-section is exporter requesting NVs pursuant to the producers/exporters Azovstal, Ilyich, achieved subsequent to the rolling Agreement agrees not to sell its subject and OJSC Alchevsk Iron and Steel process (i.e., products which have been merchandise to any unaffiliated Works (Alchevsk) under section 734(b) ‘‘worked after rolling’’) for example, purchaser in the United States at prices of the Act, suspending the antidumping products which have been bevelled or that are less than the NV of the duty investigation of certain cut-to- rounded at the edges. merchandise, as determined by length carbon steel plate (CTL plate).1 This merchandise is currently Commerce based on the company’s On November 27, 2019, domestic classified in the Harmonized Tariff submitted sales and cost information. interested party Nucor Corporation Azovstal and Ilyich are the only (Nucor) submitted a request for an ‘‘Certain Cut-to-Length Carbon Steel Plate from signatory producers/exporters that Ukraine: Request for Administrative Review,’’ dated requested, and for which Commerce administrative review of the November 27, 2019. 2 calculated, NVs during the POR. Agreement. On January 17, 2020, 3 See Initiation of Antidumping and Alchevsk made no such request for NVs Countervailing Duty Administrative Reviews, 85 FR 1 See Suspension of Antidumping Investigation: 3014 (January 17, 2020). during the POR. Therefore, for purposes Certain Cut-to-Length Carbon Steel Plate From 4 See Memorandum, ‘‘Decision Memorandum for of this administrative review, Commerce Ukraine, 73 FR 57602 (October 3, 2008) the Preliminary Results of the 2018–2019 determined to individually examine, (Agreement). Administrative Review of the Agreement and issue a questionnaire to, Azovstal 2 See Antidumping or Countervailing Duty Order, Suspending the Antidumping Investigation of Finding, or Suspended Investigation; Opportunity Certain Cut-to-Length Carbon Steel Plate from and Ilyich. Commerce discusses To Request Administrative Review, 84 FR 58690 Ukraine,’’ dated concurrently with and adopted by additional business proprietary details (November 1, 2019); and Letter from Nucor, this notice (Preliminary Decision Memorandum). regarding Alchevsk in a separate
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proprietary memorandum.5 After compliance by Metinvest with the publication of this notice, pursuant to reviewing the information submitted in Agreement’s extensive information section 751(a)(3)(A) of the Act. its initial and supplemental reporting requirements, Commerce These preliminary results of review questionnaire responses, we preliminarily finds that effective are being issued and published in preliminarily find Azovstal and Ilyich, monitoring of the Agreement continues accordance with sections 751(a)(l) and collectively participating as Metinvest, to be practicable. In addition, in the 777(i)(l) of the Act and 19 CFR 351.213. to be in compliance with the terms of context of this administrative review, no Dated: March 18, 2021. the Agreement during the POR. A party has alleged that the Agreement is Christian Marsh, review of the information submitted no longer in the public interest or that Acting Assistant Secretary for Enforcement demonstrates that, pursuant to sections the Agreement can no longer be and Compliance. D(1) and D(2) of the Agreement, effectively monitored. Accordingly, and [FR Doc. 2021–06061 Filed 3–23–21; 8:45 am] Metinvest reported to Commerce the in light of our preliminary finding that BILLING CODE 3510–DS–P sales and data required by the the respondents are in compliance with Agreement for calculation of the NVs. the statutory requirements of the Therefore, Commerce preliminary finds Agreement, we preliminarily find that DEPARTMENT OF COMMERCE Metinvest to be in compliance with the the Agreement continues to meet the monitoring sections D(1) and D(2) of the criteria of sections 734(b) and (d) of the International Trade Administration Agreement and that the Agreement Act. continues to meet the statutory [A–423–812] Public Comment requirement, pursuant to section Certain Carbon and Alloy Steel Cut-To- 734(d)(2) of the Act of being able to be Pursuant to 19 CFR 351.309(c)(1)(ii), Length Plate From Belgium: Final effectively monitored. Results of Antidumping Duty Metinvest, in its initial questionnaire interested parties may submit case briefs Administrative Review; 2018–2019 response, describes how it ensures not later than 30 days after the date of publication of this notice. Rebuttal compliance with the Agreement’s AGENCY: Enforcement and Compliance, pricing terms and the relevant NV briefs, limited to issues raised in the International Trade Administration, period in making sales directly to case briefs, may be filed not later than Department of Commerce. seven days after the date for filing case unaffiliated U.S. customers and in SUMMARY: The Department of Commerce briefs.7 Parties who submit case briefs or arranging shipment to the United (Commerce) determines that the 6 rebuttal briefs in this proceeding are States. A review of the information in producers and/or exporters subject to encouraged to provide: (1) A statement the initial and supplemental this administrative review made sales of of the issue; (2) a brief summary of the questionnaire responses finds no subject merchandise at less than normal argument; and (3) a table of authorities.8 evidence of non-compliance by value during the period of review (POR), Metinvest with respect to ensuring that All briefs must be filed electronically May 1, 2018, through April 30, 2019. using ACCESS. An electronically filed subject merchandise is sold in the DATES: Applicable March 24, 2021. United States at prices that are at or document must be received successfully FOR FURTHER INFORMATION CONTACT: Alex above the applicable NV determined by in its entirety by the established deadline. Note that Commerce has Wood, AD/CVD Operations, Office II, Commerce. Therefore, Commerce Enforcement and Compliance, preliminarily finds that the Agreement temporarily modified certain of its requirements for serving documents International Trade Administration, is continuing to meet the statutory U.S. Department of Commerce, 1401 requirements section of section 734(b) of containing business proprietary information, until further notice.9 Constitution Avenue NW, Washington, the Act. DC 20230; telephone: (202) 482–1959. With regard to the requirements of Pursuant to 19 CFR 351.310(c), SUPPLEMENTARY INFORMATION: 734(d) of the Act, Commerce interested parties who wish to request a preliminarily finds that the Agreement hearing must submit a written request Background continues to be in the public interest filed electronically via ACCESS within This review covers four producers and that effective monitoring of the 30 days after the date of publication of and/or exporters of the subject Agreement continues to be practicable. this notice. Requests should contain: (1) merchandise. Commerce selected two As Commerce preliminarily finds no The party’s name, address and companies, Industeel Belgium S.A. evidence during the POR that Metinvest telephone number; (2) the number of (Industeel) and NLMK Clabecq S.A./ made sales of subject merchandise participants; and (3) a list of issues to be NLMK Plate Sales S.A./NLMK Sales below the applicable NV, Commerce discussed. Issues raised in the hearing Europe S.A./NLMK Manage Steel Center preliminarily finds that the Agreement will be limited to those raised in the S.A./NLMK La Louviere S.A. continues to benefit U.S. producers by respective case briefs. If a request for a (collectively, NLMK Belgium), for ensuring that imports of the subject hearing is made, parties will be notified individual examination. The producers merchandise are fairly traded and are 10 of the time and date for the hearing. and/or exporters not selected for not, therefore, negatively impacting the Commerce intends to issue the final individual examination are listed in the competitiveness of the domestic results of this administrative review, ‘‘Final Results of the Review’’ section of industry. Moreover, as Commerce including the results of its analysis of this notice. preliminarily finds no evidence of non- the issues raised in any written briefs, On July 24, 2020, Commerce not later than 120 days after the date of published the Preliminary Results.1 In 5 See Memorandum, ‘‘2018–2019 Administrative 2 Review of the Agreement Suspending the September 2020, certain petitioners, Antidumping Investigation of Certain Cut-to-Length 7 See 19 CFR 351.309(d); see also Temporary Rule Carbon Steel Plate from Ukraine: Preliminary Modifying AD/CVD Service Requirements Due to 1 See Certain Carbon and Alloy Steel Cut-to- Analysis Proprietary Memorandum,’’ dated COVID19; Extension of Effective Period, 85 FR Length Plate from Belgium: Preliminary Results of concurrently with and adopted by this notice. 41363 (July 10, 2020) (Temporary Rule). Antidumping Duty Administrative Review; 2018– 6 See Metinvest’s Letter, ‘‘Sections A, B, and C 8 See 19 CFR 351.309(c)(2) and (d)(2). 2019, 85 FR 44854 (July 24, 2020) (Preliminary Initial Questionnaire Response,’’ dated March 5, 9 See Temporary Rule. Results). 2020 at 19. 10 See 19 CFR 351.310(c). 2 This company is Nucor Corporation.
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Industeel, and NLMK Belgium 7226.91.5000. Although the HTSUS Weighted- submitted case and rebuttal briefs.3 For subheadings are provided for average a description of the events that occurred convenience and customs purposes, the Producers/exporters dumping margin since the Preliminary Results, see the written description of the merchandise (percent) Issues and Decision Memorandum.4 On subject to this scope is dispositive.7 July 21, 2020, Commerce tolled all Review-Specific Average Rate Applicable deadlines in administrative reviews by Analysis of Comments Received to the Following Companies 10 5 an additional 60 days. On December All issues raised in the case and 30, 2020, we extended the deadline for Stahlo Stahl Service GmbH & rebuttal briefs are listed in the appendix Co. KG ...... 8.43 the final results by 60 days, until March to this notice and addressed in the 18, 2021.6 The deadline for the final Tranter Service Centers ...... 8.43 Issues and Decision Memorandum.8 results of this review is now March 18, Interested parties can find a complete 2021. Disclosure discussion of these issues and the Commerce conducted this We intend to disclose the calculations corresponding recommendations in this administrative review in accordance performed within five days of the date with section 751 of the Tariff Act of public memorandum, which is on file of publication of this notice, in 1930, as amended (the Act). electronically via Enforcement and accordance with 19 CFR 351.224(b). Compliance’s Antidumping and Scope of the Order Countervailing Duty Centralized Assessment Rates The products covered by the order are Electronic Service System (ACCESS). Pursuant to section 751(a)(2)(C) of the certain carbon and alloy steel hot-rolled ACCESS is available to registered users Act, and 19 CFR 351.212(b)(1), or forged flat plate products not in coils, at http://access.trade.gov. In addition, a Commerce has determined, and U.S. whether or not painted, varnished, or complete version of the Issues and Customs and Border Protection (CBP) coated with plastics or other Decision Memorandum can be accessed shall assess, antidumping duties on all nonmetallic substances from Belgium. directly at http://enforcement.trade.gov/ appropriate entries of subject Products subject to the order are frn/index.html. merchandise in accordance with the currently classified in the Harmonized final results of this review. Changes Since the Preliminary Results Tariff Schedule on the United States Pursuant to 19 CFR 351.212(b)(1), (HTSUS) under item numbers: Based on a review of the record and where Industeel and NLMK Belgium 7208.40.3030, 7208.40.3060, comments received from interested reported the entered value of their U.S. 7208.51.0030, 7208.51.0045, parties regarding our Preliminary sales, we calculated importer-specific 7208.51.0060, 7208.52.0000, Results, we made certain changes to the ad valorem duty assessment rates based 7211.13.0000, 7211.14.0030, preliminary weighted-average margin on the ratio of the total amount of 7211.14.0045, 7225.40.1110, calculations for Industeel and for those dumping calculated for the examined 7225.40.1180, 7225.40.3005, companies not selected for individual sales to the total entered value of the 7225.40.3050, 7226.20.0000, and review.9 sales for which entered value was reported. Where the respondents did not 3 See Petitioner’s Case Brief, ‘‘Certain Carbon and Final Results of the Review report entered value, we calculated the Alloy Steel Cut-to-Length Plate from Belgium: entered value in order to calculate the Nucor’s Case Brief,’’ dated September 8, 2020; We are assigning the following assessment rate. Where either the Industeel’s Case Brief, ‘‘Antidumping Duty weighted-average dumping margins to Administrative Review of Carbon and Alloy Steel respondent’s weighted-average dumping Cut-To-Length Plate from Belgium: Industeel’s Case the firms listed below for the period margin is zero or de minimis within the Brief,’’ dated September 8, 2020; NLMK Belgium’s May 1, 2018 through April 30, 2019: meaning of 19 CFR 351.106(c)(1), or an Case Brief, ‘‘Certain Carbon and Alloy Cut-to- importer-specific rate is zero or de Length Plate from Belgium: Case Brief,’’ dated Weighted- minimis, we will instruct CBP to September 8, 2020, Petitioner’s Rebuttal Brief, average ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate Producers/exporters dumping liquidate the appropriate entries from Belgium: Nucor’s Rebuttal Brief,’’ dated margin without regard to antidumping duties. September 15, 2020; Industeel’s Rebuttal Brief, (percent) For the companies which were not ‘‘Antidumping Duty Administrative Review of selected for individual review, we will Carbon and Alloy Steel Cut-To-Length Plate from Industeel Belgium S.A ...... 4.57 Belgium: Industeel Rebuttal Brief,’’ dated assign an assessment rate based on the September 15, 2020; and NLMK Belgium’s Rebuttal NLMK Clabecq S.A./NLMK Plate simple average 11 of the cash deposit Brief, ‘‘Certain Carbon and Alloy Cut-to-Length Sales S.A./NLMK Sales Eu- rates calculated for Industeel and NLMK Plate from Belgium: Rebuttal Brief,’’ dated rope S.A./NLMK Manage Steel September 15, 2020. Center S.A./NLMK La Belgium. The final results of this review 4 See Memorandum, ‘‘Issues and Decision Louviere S.A ...... 12.29 shall be the basis for the assessment of Memorandum for the Final Results of the 2018– antidumping duties on entries of 2019 Administrative Review of the Antidumping merchandise covered by the final results Duty Order on Certain Carbon and Alloy Steel Cut- of this review and for future deposits of To-Length Plate from Belgium,’’ dated concurrently 7 For a full description of the scope of the order, 12 with these results (Issues and Decision see Issues and Decision Memorandum. estimated duties, where applicable. Memorandum), which is hereby adopted by this 8 Id. Commerce’s ‘‘automatic assessment’’ notice. 9 See accompanying Issues and Decision will apply to entries of subject 5 See Memorandum, ‘‘Tolling of Deadlines for Memorandum. merchandise during the POR produced Antidumping and Countervailing Duty 10 This rate is based on the simple average of the by companies included in these final Administrative Reviews,’’ dated July 21, 2020. rates for the respondents that were selected for Because the Preliminary Results published on July individual review, excluding rates that are zero, de results of review for which the reviewed 24, 2020, three days after this tolling memorandum, minimis, or based entirely on facts available. See companies did not know that the the deadline for these final results was tolled by 57 section 735(c)(5)(A) of the Act. See Memorandum, merchandise they sold to the days. ‘‘Final Results of the Antidumping Administrative intermediary (e.g., a reseller, trading 6 See Memorandum, ‘‘Certain Carbon and Alloy Review of Certain Carbon and Alloy Steel Cut-To- Steel Cut-To-Length Plate from Belgium; 2018–2019 Length Plate from Belgium: Calculation of the Cash Administrative Review: Extension of Deadline for Deposit Rate for Non-Reviewed Companies,’’ dated 11 Id. Final Results,’’ dated December 20, 2020. March 18, 2021. 12 See section 751(a)(2)(C) of the Act.
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company, or exporter) was destined for shall remain in effect until further DEPARTMENT OF COMMERCE the United States. In such instances, we notice. will instruct CBP to liquidate National Oceanic and Atmospheric Notification to Importers unreviewed entries at the all-others rate Administration This notice serves as a final reminder if there is no rate for the intermediate [RTID 0648–XA957] company(ies) involved in the to importers of their responsibility transaction. under 19 CFR 351.402(f)(2) to file a Endangered and Threatened Species; Consistent with its recent notice,13 certificate regarding the reimbursement Announcement of a Recovery Planning Commerce intends to issue assessment of antidumping duties prior to Workshop To Inform Recovery instructions to CBP no earlier than 35 liquidation of the relevant entries Planning for 15 ESA Listed Indo- days after the date of publication of the during this review period. Failure to Pacific Coral Species final results of this review in the comply with this requirement could result in the Secretary’s presumption AGENCY: National Marine Fisheries Federal Register. If a timely summons is Service (NMFS), National Oceanic and filed at the U.S. Court of International that reimbursement of antidumping duties occurred and the subsequent Atmospheric Administration (NOAA), Trade, the assessment instructions will Commerce. direct CBP not to liquidate relevant assessment of double antidumping ACTION: entries until the time for parties to file duties. Notice. a request for a statutory injunction has Notification Regarding Administrative SUMMARY: On September 10, 2014, we, expired (i.e., within 90 days of Protective Order NMFS, listed 15 Indo-Pacific coral publication). This notice serves as the only species as threatened under the Cash Deposit Requirements reminder to parties subject to Endangered Species Act (ESA). We are administrative protective order (APO) of convening a workshop to solicit facts The following cash deposit their responsibility concerning the and information from experts to help requirements will be effective for all disposition of proprietary information identify and guide recovery needs for shipments of the subject merchandise disclosed under APO in accordance these species under section 4(f) of the entered, or withdrawn from warehouse, with 19 CFR 351.305(a)(3), which ESA. We will not be asking for a for consumption on or after the continues to govern business consensus recommendation on how to publication date of the final results of proprietary information in this segment recover these species. This workshop this administrative review, as provided of the proceeding. Timely written will be open to the public. by section 751(a)(2)(C) of the Act: (1) notification of return/destruction of DATES: Workshop dates and The cash deposit rate for each specific APO materials or conversion to judicial information: We will hold the recovery company listed above will be that protective order is hereby requested. planning workshop for these coral established in the final results of this Failure to comply with the regulations species virtually over the course of four review, except if the rate is less than and the terms of an APO is a three-hour sessions in May 2021. To 0.50 percent and, therefore, de minimis sanctionable violation. accommodate participants from within the meaning of 19 CFR different time zones, we will duplicate Notification to Interested Parties 351.106(c)(1), in which case the cash each session, as follows: deposit rate will be zero; (2) for This notice is being issued and • Week 1—Session I: Recovery previously investigated companies not published in accordance with sections Introduction participating in this review, the cash 751(a)(1) and 777(i) of the Act, and 19 Æ Option A: Wednesday May 5, 8–11 deposit will continue to be the CFR 351.213. a.m. Hawaii Standard Time (HST); company-specific rate published for the Dated: March 18, 2021. Æ Option B: Thursday May 6, 2–5 most recently completed segment of this Christian Marsh, p.m. HST. proceeding; (3) if the exporter is not a • Acting Assistant Secretary for Enforcement Week 2—Session II: Recovery firm covered in this review, or the and Compliance. Approaches original less-than-fair-value (LTFV) Æ Option A: Wednesday May 12, 8– investigation, but the manufacturer is, Appendix 11 a.m. HST; Æ then the cash deposit rate will be the List of Topics Discussed in the Issues and Option B: Thursday May 13, 2–5 rate established for the most recent Decision Memorandum p.m. HST. segment for the manufacturer of the • Week 3—Session III: Recovery Criteria I. Summary Æ merchandise; and (4) the cash deposit II. Background Option A: Wednesday May 19, 8– rate for all other manufacturers or 11 a.m. HST; III. Scope of the Order Æ exporters will continue to be 5.40 IV. Margin Calculations Option B: Thursday May 20, 2–5 percent, the all-others rate established V. Discussion of Issues p.m. HST. • in the LTFV investigation.14 These Comments Pertaining to Industeel Week 4—Session IV: Recovery deposit requirements, when imposed, Comment 1: Offset for Section 232 Actions Liabilities Æ Option A: Wednesday May 26, 8– Comment 2: Payments Related to Section 13 See Notice of Discontinuation of Policy to Issue 11 a.m. HST; 232 Liabilities Æ Option B: Thursday May 27, 2–5 Liquidation Instructions After 15 Days in Comment 3: Application of Adverse Facts Applicable Antidumping and Countervailing Duty p.m. HST. Available to U.S. Inland Freight Administrative Proceedings, 86 FR 884 (January 15, RSVP date: If you plan to attend the 2021). Comments Pertaining to NLMK Belgium 14 See Certain Carbon and Alloy Steel Cut-To- Comment 4: Constructed Export Price workshop as an interested member of Length Plate from Austria, Belgium, France, the Offset the public, please contact Danielle Federal Republic of Germany, Italy, Japan, the Comment 5: Affiliated Party Major Input Jayewardene, NMFS Pacific Islands Republic of Korea, and Taiwan: Amended Final Adjustment Regional Office (PIRO) Protected Affirmative Antidumping Determinations for VI. Recommendation France, the Federal Republic of Germany, the Resources Division, Republic of Korea and Taiwan, and Antidumping [FR Doc. 2021–06067 Filed 3–23–21; 8:45 am] [email protected], 808– Duty Orders, 82 FR 24096, 24098 (May 25, 2017). BILLING CODE 3510–DS–P 725–5143 no later than April 21, 2021.
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FOR FURTHER INFORMATION CONTACT: Recovery Planning Workshop Dated: March 19, 2021. Danielle Jayewardene, NMFS Pacific Announcement Donna S. Wieting, Islands Regional Office (PIRO) Protected From Wednesday May 5, 2021 Director, Office of Protected Resources, National Marine Fisheries Service. Resources Division, through Thursday May 27, 2021, NMFS [email protected], 808– will hold a virtual workshop in four [FR Doc. 2021–06081 Filed 3–23–21; 8:45 am] 725–5143. sessions to help inform our recovery BILLING CODE 3510–22–P SUPPLEMENTARY INFORMATION: planning for these 15 coral species (see DATES section). We are inviting experts DEPARTMENT OF COMMERCE Background and stakeholders in specific topic areas, On September 10, 2014, we, NMFS, including the species’ biology/ecology, National Oceanic and Atmospheric threats to the species and the species’ listed 15 Indo-Pacific coral species as Administration habitat, the recovery planning process threatened under the Endangered itself, and coral and coral reef [RTID 0648–XA959] Species Act (ESA)(79 FR 53851; conservation and management. These September 10, 2014). The 15 listed experts and stakeholders will help us to Marine Mammals; File No. 25581 species are Acropora globiceps, identify potential actions to address the Acropora jacquelineae, Acropora AGENCY: National Marine Fisheries threats to the species, identify gaps in Service (NMFS), National Oceanic and lokani, Acropora pharaonis, Acropora knowledge and associated research retusa, Acropora rudis, Acropora Atmospheric Administration (NOAA), needs, as well as begin developing Commerce. speciosa, Acropora tenella, Anacropora recovery criteria for the species. ACTION: Notice; receipt of application. spinosa, Euphyllia paradivisa, Isopora Identified experts and stakeholders crateriformis, Montipora australiensis, include representatives of Federal and SUMMARY: Notice is hereby given that Pavona diffluens, Porites napopora, and state agencies, scientific experts, and Freedive Pictures, Ltd, St. Stephens Seriatopora aculeata. The final listing individuals from conservation partners Avenue Bristol, United Kingdom, BS1 rule describes the background of the and nongovernmental organizations. 1YL, (Responsible Party: Sophie listing action for these species and NMFS will provide a moderator to Morgan), has applied in due form for a provides a summary of our conclusions manage the workshop as well as note permit to conduct commercial or regarding their status. For additional takers to document input received. We educational photography on marine background and information about these are seeking facts and information; we mammals. species, the reader is referred to our will not be asking for consensus DATES: Written, telefaxed, or email species web pages (available at https:// recommendations on how to recover www.fisheries.noaa.gov/corals#by- comments must be received on or before these 15 coral species. NMFS will April 23, 2021. species). prepare a summary of the workshop, ADDRESSES: These documents are NMFS is required by section 4(f) of noting the main points raised by the available upon written request via email the ESA to develop and implement participants. to [email protected]. recovery plans for the conservation and This workshop will be open to the Written comments on this application survival of federally listed species public, and a public comment period should be submitted via email to unless the Secretary finds that such a will be provided at the end of each [email protected]. Please plan will not promote the conservation session. If you plan to attend the include File No. 25581 in the subject of the species. Recovery means that workshop as an interested member of line of the email comment. listed species and their ecosystems are the public, please contact Danielle Those individuals requesting a public restored, and their future secured, so Jayewardene at the address listed above hearing should submit a written request that the protections of the ESA are no by April 21, 2021, so we can ensure via email to NMFS.Pr1Comments@ longer necessary. The ESA specifies that sufficient online connectivity for noaa.gov. The request should set forth recovery plans are to include (1) a participants and interested parties the specific reasons why a hearing on description of site-specific management during our logistics planning. this application would be appropriate. actions necessary to achieve the plan’s Agenda FOR FURTHER INFORMATION CONTACT: goals for the conservation and survival Shasta McClenahan, Ph.D. or Erin • May 5/May 6 Session I will focus of the species; (2) objective, measurable Markin, Ph.D., (301) 427–8401. criteria which, when met, would result on introducing ESA recovery planning SUPPLEMENTARY INFORMATION: The in the species being removed from the for the listed Indo-Pacific coral species. subject permit is requested under the list; and (3) estimates of the time and • May 12/May 13 Session II will authority of the Marine Mammal costs required to carry out the actions focus on recovery approaches for the Protection Act of 1972, as amended and achieve the plan’s conservation listed Indo-Pacific coral species. (MMPA; 16 U.S.C. 1361 et seq.) and the goals. Under section 4(f) of the ESA, • May 19/May 20 Session III will regulations governing the taking and public notice and an opportunity for focus on recovery criteria for the listed importing of marine mammals (50 CFR public review and comment are also Indo-Pacific coral species. • part 216). provided during recovery plan May 26/May 27 Session IV will The applicant proposes to film marine development. focus on recovery actions for the listed mammals in Hawaii, California, and This notice serves as the first public Indo-Pacific coral species. Alaska for a film showcasing the notice and opportunity for public input The workshop is accessible to persons wonders of the Pacific Ocean. Above early in the process. Once a recovery with disabilities. Send requests for water or underwater filming may occur plan has been drafted, it will be accessibility accommodations by April from land, vessels, or an unmanned announced in the Federal Register and 21, 2021 to Danielle Jayewardene, aircraft system. Species to be filmed in available on our website (see ADDRESSES [email protected], 808– the day or night include up to 1,750 section) for public review and comment 725–5143. humpback whales (Megaptera before being finalized. Authority: 16 U.S.C. 1531 et seq. novaeangliae; Hawaii distinct
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population segment), 200 gray whales Concurrent with the publication of ACTION: Arms sales notice. (Eschrichtius robustus), 100 killer this notice in the Federal Register, whales (Orcinus orca), 200 harbor NMFS is forwarding copies of the SUMMARY: The Department of Defense is porpoises (Phocoena phocoena), 200 application to the Marine Mammal publishing the unclassified text of an Dall’s porpoises (Phocoenoides dalli), Commission and its Committee of arms sales notification. 800 bottlenose dolphins (Tursiops Scientific Advisors. FOR FURTHER INFORMATION CONTACT: truncatus), 1,000 spinner dolphins Dated: March 19, 2021. (Stenella longirostris), 1,500 short- Karma Job at [email protected] Amy Sloan, beaked common dolphins (Delphinus or (703) 697–8976. delphis), 1,500 long-beaked common Acting Chief, Permits and Conservation dolphin (Delphinus capensis), 600 Division, Office of Protected Resources, SUPPLEMENTARY INFORMATION: This National Marine Fisheries Service. Pacific white sided dolphin 36(b)(1) arms sales notification is (Lagenorhynchus obliquidens), 300 [FR Doc. 2021–06056 Filed 3–23–21; 8:45 am] published to fulfill the requirements of pantropical spotted dolphin (Stenella BILLING CODE 3510–22–P section 155 of Public Law 104–164 attenuata), 300 harbor seals (Phoca dated July 21, 1996. The following is a vitulina), and 2,000 California sea lions copy of a letter to the Speaker of the (Zalophus californianus), annually. The House of Representatives, Transmittal DEPARTMENT OF DEFENSE permit would be valid for two years. 21–29 with attached Policy Justification. In compliance with the National Office of the Secretary Dated: March 19, 2021. Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial Aaron T. Siegel, [Transmittal No. 21–29] determination has been made that the Alternate OSD Federal Register Liaison Officer, Department of Defense. activity proposed is categorically Arms Sales Notification excluded from the requirement to BILLING CODE 5001–06–P prepare an environmental assessment or AGENCY: Defense Security Cooperation environmental impact statement. Agency, Department of Defense (DoD).
VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15653 ~--•~v ~QJt:lij}:2~'.i' · EiC t~W~t~~OStJ fimMaaam;~•·• ·~tto·jij.teport.inj.~~<>f$~oti,~)tt1·~t~-~ixpijttCc:;uttoJ' i~i-~,-~~;.•~.~:(a~-~~ffl:1'ijjij~ttij}'lf91~1-a,••·~~-~is:
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BILLING CODE 5001–06–C TOTAL ...... $190 million has requested the case be amended to Transmittal No. 21–29 include additional support, which will (iii) Description and Quantity or push the current case above the Notice of Proposed Issuance of Letter of Quantities of Articles or Services under notification threshold and thus requires Offer Pursuant to Section 36(b)(1) of the Consideration for Purchase: Foreign notification of the entire case. Arms Export Control Act, as amended Military Sales Case NE-B-WJP, Major Defense Equipment (MDE): (i) Prospective Purchaser: Government implemented on December 29, 2016, None of the Netherlands was below congressional notification Non-MDE: Support for the Royal (ii) Total Estimated Value: threshold at $77.3 million for the Royal Netherlands Air Force AH-64 training Major Defense Equipment* .. $ 0 million Netherlands Air Force AH-64 pilot program, to include fuel; base operating Other ...... $190 million training program and logistics support support; facilities; publications and at Fort Hood, Texas. The Netherlands technical documentation; pilot training;
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AH-64D to AH-64E conversion training program support. The total overall There will be no adverse impact on support; personnel training and training estimated value is $190 million. U.S. defense readiness as a result of this equipment; weapon system and This proposed sale will support the proposed sale. software support; U.S. Government and foreign policy and national security of [FR Doc. 2021–06048 Filed 3–23–21; 8:45 am] contractor technical, engineering, and the United States by helping to improve BILLING CODE 5001–06–P logistics personnel services; and other the security of a NATO ally which is an related elements of logistical and important force for political stability program support. DEPARTMENT OF DEFENSE (iv) Military Department: Army (NE-B- and economic progress in Europe. WJP) The proposed sale will improve the Office of the Secretary (v) Prior Related Cases, if any: None Netherlands’ capability to maintain a set (vi) Sales Commission, Fee, etc., Paid, of highly trained and deployment-ready [Transmittal No. 21–28] Offered, or Agreed to be Paid: None Royal Netherlands Air Force Apache Arms Sales Notification (vii) Sensitivity of Technology units via continued training activities at Contained in the Defense Article or Fort Hood, Texas. This training includes AGENCY: Defense Security Cooperation Defense Services Proposed to be Sold: the AMERICAN FALCON exercise, Agency, Department of Defense (DoD). None which serves as a certifying event for ACTION: Arms sales notice. (viii) Date Report Delivered to Dutch military units and personnel to Congress: March 16, 2021 deploy abroad, often supporting U.S.- SUMMARY: The Department of Defense is *As defined in Section 47(6) of the led coalition operations. The publishing the unclassified text of an Arms Export Control Act. Netherlands will have no difficulty arms sales notification. POLICY JUSTIFICATION absorbing this training and support into FOR FURTHER INFORMATION CONTACT: The Netherlands—AH-64 Pilot Training its armed forces. Karma Job at [email protected] and Logistics Support The proposed sale of this equipment or (703) 697–8976. SUPPLEMENTARY INFORMATION: This The Government of the Netherlands and support will not alter the basic military balance in the region. 36(b)(1) arms sales notification is has requested support for the Royal published to fulfill the requirements of Netherlands Air Force AH-64 training This proposed sale does not contain section 155 of Public Law 104–164 program, to include fuel; base operating any principal contractor. There are no dated July 21, 1996. The following is a support; facilities; publications and known offset agreements proposed in copy of a letter to the Speaker of the technical documentation; pilot training; connection with this potential sale. House of Representatives, Transmittal AH-64D to AH-64E conversion training Implementation of this proposed sale 21–28 with attached Policy Justification. support; personnel training and training will not require the assignment of any equipment; weapon system and Dated: March 19, 2021. software support; U.S. Government and additional U.S. Government or Aaron T. Siegel, contractor technical, engineering, and contractor representatives to the Alternate OSD Federal Register Liaison logistics personnel services; and other Netherlands. Officer, Department of Defense. related elements of logistical and BILLING CODE 5001–06–P
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DEfl"f£"'fli:~~9~~TT:q~~li:""!'P"1··•·"-GENCY 201·· ·A•u,-.etoijrVAi.-.~~ 12111 STREIETSOUTH SU1TE ~,Ho~ifN~Pelosi. !~~~,~~ U.S•. House.df.tt~tatiitS lffl~; Tbe~ittll. \V~DC20Sl$ ·~~~$~ :~tft>.the~~~~.,f~i\~~lOJ~Qle~~~l M.•··... ·· >•· .. asafuendea we,are~~.~:~lirdwimt~ua1No.21.:.21•··.•.·.···•··•········.··.·.···•·.•. ~ ... ~~. . , t . .... · .... ··.· ..· L ...... '",',11&"1'~.~ .·· ... ·.· .·.·.·•··· ··•.· .. < .· .··• ..... ••· .··.• ...... ·• .·.·•·•.~•· ...... Sill~J,. """' ' . 1-Iijdi It amt Director ·Bnc1~ l: t~ffiil . .2. Potiey:Justitldldott ··~·~• ~tivity QfT~mi9Jijaj BILLING CODE 5001–06–C (iii) Description and Quantity or notification threshold and thus requires Transmittal No. 21–28 Quantities of Articles or Services under notification of the entire case. Consideration for Purchase: Foreign Major Defense Equipment (MDE): Notice of Proposed Issuance of Letter of Military Sales Case NE-B-WJO, None Offer Pursuant to Section 36(b)(1) of the implemented on December 28, 2016, Arms Export Control Act, as amended Non-MDE: Support for the Royal was below congressional notification Netherlands Air Force CH-47 training (i) Prospective Purchaser: Government threshold at $59.8 million for the Royal program, to include fuel; base operating of the Netherlands Netherlands Air Force CH-47 pilot support; facilities; publications and (ii) Total Estimated Value: training program and logistics support technical documentation; pilot training; Major Defense Equipment* .. $ 0 million at Fort Hood, Texas. The Netherlands personnel training and training Other ...... $125 million has requested the case be amended to equipment; weapon system and include additional support, which will software support; U.S. Government and TOTAL ...... $125 million push the current case above the contractor technical, engineering, and VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MR21.001 15656 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices logistics personnel services; and other There will be no adverse impact on represent new records, range extensions, related elements of logistical and U.S. defense readiness as a result of this nomenclatural and taxonomic changes, program support. proposed sale. and newly proposed species. The latest (iv) Military Department: Army (NE-B- [FR Doc. 2021–06047 Filed 3–23–21; 8:45 am] review process began in 2020 and WJO) BILLING CODE 5001–06–P included review by Regional Panels (v) Prior Related Cases, if any: None (RPs) and the National Panel (NP). (vi) Sales Commission, Fee, etc., Paid, Wetland Indicator Status Ratings DEPARTMENT OF DEFENSE Offered, or Agreed to be Paid: None On the NWPL, there are five (vii) Sensitivity of Technology Army Corps of Engineers categories of wetland indicator status Contained in the Defense Article or ratings, used to indicate a plant’s Defense Services Proposed to be Sold: National Wetland Plant List likelihood for occurrence in wetlands None versus non-wetlands: Obligate Wetland AGENCY: U.S. Army Corps of Engineers, (viii) Date Report Delivered to DoD. (OBL), Facultative Wetland (FACW), Congress: March 16, 2021 Facultative (FAC), Facultative Upland ACTION: Notice. *As defined in Section 47(6) of the (FACU), and Upland (UPL). These rating Arms Export Control Act. SUMMARY: The National Wetland Plant categories are defined by the NP as List (NWPL) provides plant species follows: OBL—almost always occur in POLICY JUSTIFICATION indicator status ratings, which are used wetlands; FACW—usually occur in The Netherlands—CH-47 Pilot Training in determining whether the hydrophytic wetlands, but may occur in non- and Logistics Support vegetation factor is met when wetlands; FAC—occur in wetlands and conducting wetland delineations under non-wetlands; FACU—usually occur in The Government of the Netherlands the Clean Water Act and wetland non-wetlands, but may occur in has requested support for the Royal determinations under the Wetland wetlands; UPL—almost always occur in Netherlands Air Force CH-47 training Conservation Provisions of the Food non-wetlands. These category program, to include fuel; base operating Security Act. Other applications of the definitions are qualitative descriptions support; facilities; publications and NWPL include wetland restoration, that better reflect the qualitative technical documentation; pilot training; establishment, and enhancement supporting information, rather than personnel training and training projects. To update the NWPL, U.S. numeric frequency ranges. The equipment; weapon system and Army Corps of Engineers (USACE), as percentage frequency categories used in software support; U.S. Government and part of an interagency effort with the the older definitions are only used for contractor technical, engineering, and U.S. Environmental Protection Agency testing problematic or contested species logistics personnel services; and other (EPA), the U.S. Fish and Wildlife being recommended for indicator status related elements of logistical and Service (FWS) and the U.S. Department changes. Plus and minus designations program support. The total overall of Agriculture Natural Resources and wetland indicator designations such estimated value is $125 million. Conservation Service (NRCS), is as No Indicator (NI), No Occurrence This proposed sale will support the announcing the availability of the draft (NO), and No Agreement (NA) were foreign policy and national security of changes to the 2020 NWPL and its web removed in 2012 and are no longer used the United States by helping to improve address to solicit public comments. The on the NWPL. More information on the the security of a NATO ally which is an public will now have the opportunity to specifics of how to use these ratings is important force for the political stability comment on the proposed changes to available on the NWPL website at http:// and economic progress in Europe. wetland indicator status ratings for five wetland-plants.usace.army.mil/. The proposed sale will improve the plant species in select regions and the The NWPL is utilized in conducting wetland delineations under the Netherlands’ capability to maintain a set addition of 22 new plant species to the authority of Section 404 of the Clean of highly trained and deployment-ready NWPL. Water Act (33 U.S.C. 1344) and Section Royal Netherlands Air Force Chinook DATES: Comments must be submitted on 10 of the Rivers and Harbors Act of 1899 units via continued training activities at or before May 24, 2021. (3 3 U.S.C. 401 et seq.) and wetland Fort Hood, Texas. This training includes ADDRESSES: U.S. Army Corps of determinations under the authority of the AMERICAN FALCON exercise, Engineers, Attn: CECW–CO–R, 441 G the Food Security Act of 1985 (16 U.S.C. which serves as a certifying event for Street NW, Washington, DC 20314– 3801 et seq.). For the purposes of Dutch military units and personnel to 1000. determining how often a species occurs deploy abroad, often supporting U.S.- FOR FURTHER INFORMATION CONTACT: in wetlands, wetlands are defined as led coalition operations. The Brianne McGuffie, Headquarters, U.S. either (1) those areas that are inundated Netherlands will have no difficulty Army Corps of Engineers, Operations or saturated by surface or ground water absorbing this training and support into and Regulatory Community of Practice, at a frequency and duration sufficient to its armed forces. Washington, DC 20314–1000, by phone support, and under normal The proposed sale of this equipment at 202–761–4750 or by email at circumstances do support, a prevalence and support will not alter the basic [email protected]. of vegetation typically adapted for life military balance in the region. SUPPLEMENTARY INFORMATION: in saturated soil conditions (33 CFR This proposed sale does not contain 328.3) or (2) ‘‘except when such term is any principal contractor. There are no Background part of the term ‘converted wetland,’ known offset agreements proposed in USACE administers the NWPL for the means land that has a predominance of connection with this potential sale. United States (U.S.) and its territories. hydric soils; is inundated or saturated Implementation of this proposed sale Responsibility for the NWPL was by surface or groundwater at a will not require the assignment of any transferred to USACE from the FWS in frequency and duration sufficient to additional U.S. Government or 2006. The NWPL has undergone several support a prevalence of hydrophytic contractor representatives to the revisions since its inception in 1988. vegetation typically adapted for life in Netherlands. Additions or deletions to the NWPL saturated soil conditions; and under VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15657 normal circumstances does support a 2020 Update Information all submitted species are included here, prevalence of such vegetation, except For the 2020 NWPL update, the regardless of whether or not the NP and that this term does not include lands in NWPL NP and RPs reviewed proposed RPs proposed a rating change. Hence, Alaska identified as having a high wetland rating changes or additions for for those species where a rating change potential for agricultural development 27 species and 48 regional ratings (some request was submitted but review of the and a predominance of permafrost species were reviewed for multiple submitted information did not result in soils.’’ (16 U.S.C. 3801(a)(27) and 7 CFR regions) submitted by the public. a rating change for the 2020 update, the 12.2). Because each plant species being Twenty-two of these species were current and proposed ratings are the evaluated occurs as part of a vegetation proposed for addition to the NWPL, and same. In several cases, it was assemblage, examining all species five species were submitted for a rating determined that a species recommended present in relation to their assigned change request in one or more regions. for addition did not occur within the wetland fidelity may be useful in Submitted information was reviewed by region recommended (per USDA assessing hydrophytic vegetation. the NP and RPs, and proposed 2020 PLANTS). In these cases, no proposed ratings for these species were species addition or indicator status was determined, as detailed below. Note that carried forward. Current Proposed 2018 2020 Species Region NWPL NWPL rating * rating Aconitum noveboracense ...... MW ...... NL ...... FACW Aconitum noveboracense ...... NCNE ...... NL ...... FAC Aeschynomene virginica ...... AGCP ...... NL ...... OBL Apios priceana ...... AGCP ...... NL ...... FACU Apios priceana ...... EMP ...... NL ...... FACU Apios priceana ...... MW ...... NL ...... FACU Asclepias meadii ...... EMP ...... NL ...... FACU Asclepias meadii ...... MW ...... NL ...... FACU Asplenium scolopendrium ...... EMP ...... NL ...... FACU Asplenium scolopendrium ...... NCNE ...... NL ...... UPL Atriplex lentiformis ...... AW ...... FAC ...... FACU Boltonia decurrens ...... MW ...... NL ...... FAC Celastrus orbiculatus ...... NCNE ...... UPL ...... FACU Cirsium pitcheri ...... MW ...... NL ...... FACU Cirsium pitcheri ...... NCNE ...... NL ...... UPL Dalea foliosa ...... NCNE ...... NL ...... FAC Dalea foliosa ...... EMP ...... NL ...... FAC Dalea foliosa ...... MW ...... NL ...... FAC Echinacea laevigata ...... AGCP ...... NL ...... FACU Echinacea laevigata ...... EMP ...... NL ...... FACU Helianthus verticillatus ...... AGCP ...... NL ...... FAC Hypericum calycinum ...... AW ...... NL ...... FAC Hypericum calycinum ...... WMVC ...... NL ...... FAC Lespedeza leptostachya ...... MW ...... NL ...... FACU Lespedeza leptostachya ...... NCNE ...... NL ...... FACU Ligustrum lucidum ...... AGCP ...... NL ...... FAC Ligustrum lucidum ...... GP ...... NL ...... FACU Ligustrum lucidum ...... HI ...... NL ...... FAC Oxypolis canbyi ...... AGCP ...... NL ...... OBL Peucedanum palustre ...... NCNE ...... NL ...... OBL Physaria globosa ...... MW ...... NL ...... FACU Physaria globosa ...... EMP ...... NL ...... FACU Pinus palustris ...... AGCP ...... FACU ...... FAC Platanthera praeclara ...... GP ...... NL ...... FAC Platanthera praeclara ...... MW ...... NL ...... FAC Platanthera praeclara ...... NCNE ...... NL ...... FACW Populus balsamifera ...... WMVC ...... FAC ...... FACW Quercus pagoda ...... AGCP ...... FACW ...... FAC Silene spaldingii ...... AW ...... NL ...... FACU Silene spaldingii ...... WMVC ...... NL ...... FACU Spiranthes diluvialis ...... AW ...... NL ...... FACW Spiranthes diluvialis ...... GP ...... NL ...... FACW Spiranthes diluvialis ...... WMVC ...... NL ...... FACW Trifolium stoloniferum ...... EMP ...... NL ...... FACU Trifolium stoloniferum ...... MW ...... NL ...... FACU Vinca major ...... AW ...... NL ...... FAC Vinca major ...... WMVC ...... NL ...... FAC Xylocarpus moluccensis ...... HI ...... NL ...... OBL * NL = ‘‘Not Listed’’ and indicates proposed additions to the NWPL. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15658 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices As part of the 2020 NWPL update, and more accurately and appropriately • Lichvar, Robert W. and Minkin, USACE is also proposing administrative reflect species’ distribution and wetland Paul. Concepts and Procedures for changes to reformat the Hawai’i and frequency within SPI and HI. Updating the National Wetland Plant Pacific Islands Region (HI) and the USACE is also proposing to rename List. Sept 2008. ERDC/CRREL TN–08–3. South Pacific Islands Subregion (SPI). SPI from its current name, ‘‘South Hanover, NH: U.S. Army Engineer NWPL subregions are areas in which Pacific Islands Subregion’’, to ‘‘Pacific Research and Development Center, Cold small numbers of wetland plants have Islands Subregion.’’ This subregion Regions Research and Engineering wetland indicator status ratings that includes islands which are located Laboratory. differ from the ratings for the same plant within both the northern Pacific (i.e., • Lichvar, Robert W. and Gillrich, species in the rest of the region. the Commonwealth of the Northern Jennifer J. Final Protocol for Assigning Boundaries of subregions are typically Mariana Islands and the Territory of Wetland Indicator Status Ratings during based on Major Land Resource Areas. Guam) and southern Pacific (i.e., the National Wetland Plant List Update. Under the current format, the SPI Territory of American Samoa). Sept 2011. ERDC/CRREL TN–11–1. includes certain plant species which Therefore, the proposed name change Hanover, NH: U.S. Army Engineer have an indicator status rating for SPI will more accurately characterize the Research and Development Center, Cold but not for HI (see e.g., indicator status geographic extent and spatial variability Regions Research and Engineering ratings for Abildgaardia ovata; SPI= of this subregion. The proposed change Laboratory. FACW, HI= NL). This current format of also creates consistency between the • Lichvar R.W., N.C. Melvin, M.L. HI/SPI is inconsistent with the naming conventions of the NWPL Butterwick, and W.N. Kirchner. 2012. formatting of other NWPL regions and regions and subregions and the Regional National Wetland Plant List Indicator subregions and has caused some Supplements to the Corps of Engineers Rating Definitions. ERDC/CRREL TN– confusion when applying the NWPL Wetland Delineation Manual regions. 12–1. Hanover, NH: U.S. Army Engineer within HI. USACE proposes two Research and Development Center Cold administrative changes to reduce this Instructions for Providing Comments Regions Research and Engineering confusion. Neither of the proposed Online Laboratory. administrative changes to SPI or HI will USACE encourages public input in Future Actions affect the current boundaries of SPI, HI, the form of data, comments, literature or any other NWPL regions or references, or field experiences, to help Future updates to the NWPL will subregions. clarify the status of the species reviewed occur biennially. A change in indicator USACE proposes to reformat SPI and for this update. The list of these same status for a given species, or a proposed HI by merging the lists of plant species 27 reviewed species, and their draft species addition may be requested at from the existing SPI and HI to form a 2020 wetland ratings by region, can be any time at http://wetland- single, comprehensive region, with SPI viewed at the NWPL homepage, http:// plants.usace.army.mil/ under ‘‘Submit serving as a subregion of HI, instead of wetland-plants.usace.army.mil/ under NWPL Change Request.’’ Submissions the current state of the region in which ‘‘2020 NWPL Update Information.’’ A throughout the two-year period will be SPI serves as a stand-alone subregion link to provide general or species- compiled and reviewed prior to each separate from the larger HI region. As specific comments in response to this NWPL update and any resulting proposed, plant species which currently notice is also available at this location. proposed changes will be reflected in have an indicator status rating for SPI Users are encouraged to submit the subsequent notice of an updated list. but not for HI (e.g., Abildgaardia ovata) literature citations, herbaria records, Dated: March 18, 2021. will now have a single, comprehensive experiential references, monitoring data, Taylor N. Ferrell, indicator status rating for the entire and other relevant information. Specific Senior Official Performing the Duties of region (HI). For those species which knowledge of, or studies related to, Assistant Secretary of the Army (Civil Works). currently have differing indicator status individual species are particularly [FR Doc. 2021–05989 Filed 3–23–21; 8:45 am] helpful. When providing input or ratings between SPI and HI (e.g., Abrus BILLING CODE 3720–58–P precatorius), the current indicator status information on the draft changes to the rating for SPI will be added to the 2020 NWPL update, commenters should reformatted SPI, which, as proposed, use their regional botanical and will serve as a subset of indicator status ecological expertise, field observations, DEPARTMENT OF EDUCATION ratings within HI and will include only reviews of the most recent indicator those plant species and associated status information, appropriate [Docket No.: ED–2021–SCC–0042] botanical literature, floras, herbarium indicator status ratings which differ Agency Information Collection specimens with notation of habitat and from the HI indicator status rating. With Activities; Submission to the Office of associated species, habit data, relevant the exception of Xylocarpus Management and Budget for Review studies, and historic list information. moluccensis and Ligustrum lucidum, and Approval; Comment Request; Title Providing ratings without supporting which were submitted by the public, VI Undergraduate International Studies documentation or information is not USACE is not proposing any changes to and Foreign Language (UISFL) recommended. All submitted comments wetland indicator status ratings for SPI Program Application or HI. All current indicator status and information will be compiled and ratings for SPI and HI will be retained sent to the National Panel for their AGENCY: Office of Postsecondary through this proposed reformatting. As review and consideration. Education (OPE), Department of proposed, the USACE believes this USACE is also seeking comments on Education (ED). administrative change will provide the NWPL update process. Detailed ACTION: Notice. greater clarity for the public, remove information on the update process, redundancies in the NWPL that protocol, and technical issues can be SUMMARY: In accordance with the currently exist between SPI and HI, found in the following documents, Paperwork Reduction Act of 1995, ED is allow for a consistent formatting of which are available on the ‘‘NWPL proposing an extension without change subregions between all NWPL regions, Publications’’ web page: of a currently approved collection. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15659 DATES: Interested persons are invited to Total Estimated Number of Annual selecting ‘‘Department of Education’’ submit comments on or before April 23, Burden Hours: 11,000. under ‘‘Currently Under Review,’’ then 2021. Abstract: This application package is check ‘‘Only Show ICR for Public ADDRESSES: Written comments and used by institutions of higher education, Comment’’ checkbox. recommendations for proposed partnerships between nonprofit FOR FURTHER INFORMATION CONTACT: For information collection requests should educational organizations and specific questions related to collection be sent within 30 days of publication of institutions of higher education, and activities, please contact Carrie Clarady, this notice to www.reginfo.gov/public/ public and private nonprofit 202–245–6347. do/PRAMain. Find this information organizations, to apply for grants under SUPPLEMENTARY INFORMATION: The collection request by selecting the Title VI UISFL program. Information Department of Education (ED), in ‘‘Department of Education’’ under submitted in this collection will be used accordance with the Paperwork ‘‘Currently Under Review,’’ then check during the peer review to evaluate and Reduction Act of 1995 (PRA) (44 U.S.C. ‘‘Only Show ICR for Public Comment’’ score the applications, and to make 3506(c)(2)(A)), provides the general checkbox. Comments may also be sent funding decisions. The Department public and Federal agencies with an to [email protected]. requires this information collection in opportunity to comment on proposed, order to make discretionary grant FOR FURTHER INFORMATION CONTACT: revised, and continuing collections of For awards under this program. specific questions related to collection information. This helps the Department This collection is being submitted assess the impact of its information activities, please contact Tanyelle under the Streamlined Clearance Richardson, 202–453–6391. collection requirements and minimize Process for Discretionary Grant the public’s reporting burden. It also SUPPLEMENTARY INFORMATION: The Information Collections (1894–0001). helps the public understand the Department of Education (ED), in Therefore, the 30-day public comment Department’s information collection accordance with the Paperwork period notice will be the only public requirements and provide the requested Reduction Act of 1995 (PRA) (44 U.S.C. comment notice published for this data in the desired format. ED is 3506(c)(2)(A)), provides the general information collection request. soliciting comments on the proposed public and Federal agencies with an Dated: March 19, 2021. information collection request (ICR) that opportunity to comment on proposed, Juliana Pearson, is described below. The Department of revised, and continuing collections of Education is especially interested in information. This helps the Department PRA Coordinator, Strategic Collections and Clearance Governance and Strategy Division, public comment addressing the assess the impact of its information Office of Chief Data Officer, Office of following issues: (1) Is this collection collection requirements and minimize Planning, Evaluation and Policy necessary to the proper functions of the the public’s reporting burden. It also Development. Department; (2) will this information be helps the public understand the [FR Doc. 2021–06057 Filed 3–23–21; 8:45 am] processed and used in a timely manner; Department’s information collection BILLING CODE 4000–01–P (3) is the estimate of burden accurate; requirements and provide the requested (4) how might the Department enhance data in the desired format. ED is the quality, utility, and clarity of the soliciting comments on the proposed DEPARTMENT OF EDUCATION information to be collected; and (5) how information collection request (ICR) that might the Department minimize the is described below. The Department of [Docket No.: ED–2021–SCC–0046] burden of this collection on the Education is especially interested in Agency Information Collection respondents, including through the use public comment addressing the Activities; Submission to the Office of of information technology. Please note following issues: (1) Is this collection Management and Budget for Review that written comments received in necessary to the proper functions of the and Approval; Comment Request; ED– response to this notice will be Department; (2) will this information be 524 Budget Information Non- considered public records. processed and used in a timely manner; Construction Programs Form and Title of Collection: NAEP 2021 School (3) is the estimate of burden accurate; Instructions and Teacher Questionnaire Special (4) how might the Department enhance Study. the quality, utility, and clarity of the AGENCY: Institute for Education Sciences OMB Control Number: 1850–0956. information to be collected; and (5) how (IES), National Center for Education Type of Review: A revised information might the Department minimize the Statistics (NCES), Department of collection. burden of this collection on the Education (ED). Respondents/Affected Public: respondents, including through the use ACTION: Notice. Individuals or Households. of information technology. Please note Total Estimated Number of Annual SUMMARY: that written comments received in In accordance with the Responses: 50,294. response to this notice will be Paperwork Reduction Act of 1995, ED is Total Estimated Number of Annual considered public records. proposing a revision of an existing Burden Hours: 35,443. Title of Collection: Title VI information collection. Abstract: The NAEP 2021 School and Undergraduate International Studies DATES: Approval by the OMB has been Teacher Questionnaire Special Study is and Foreign Language (UISFL) Program requested by Friday, March 19, 2021. collecting data necessary to fully Application. Interested persons are invited to submit understand the impact of the COVID–19 OMB Control Number: 1840–0796. comments on or before April 23, 2021. pandemic on schools and educators. A Type of Review: An extension without ADDRESSES: Written comments and previous emergency clearance change of a currently approved recommendations for proposed (OMB#1850–0957) in February 2021 collection. information collection requests should allowed work on the NAEP 2021 School Respondents/Affected Public: Private be sent within 30 days of publication of Survey to begin. The NAEP 2021 School Sector. this notice to www.reginfo.gov/public/ Survey is a monthly collection of data Total Estimated Number of Annual do/PRAMain. Find this particular from 3,500 schools that gathers Responses: 100. information collection request by information about opening status VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15660 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices (ranging from fully in-person to fully Comments received no later than 5:00 DEPARTMENT OF ENERGY remote), the hours of instruction for p.m. EDT on Tuesday, April 13, 2021 students, and how enrollment and will be read aloud during the virtual Federal Energy Regulatory attendance rates vary by a number of meeting. Comments will also be Commission social stratifying factors including race/ accepted after the meeting by no later [Docket No. IC21–8–000] ethnicity, socio-economic status, than 5:00 p.m. EDT on Tuesday, April English learner status, and disability 27, 2021. Please send comments to Commission Information Collection status. The work proposed in this Alyssa Harris at Alyssa.Harris@ Activities (FERC–512); Comment package, the NAEP 2021 School and em.doe.gov. Request; Extension Teacher Questionnaire Special Study, is FOR FURTHER INFORMATION CONTACT: a more in-depth data collection. AGENCY: Federal Energy Regulatory Alyssa Harris, EM SSAB Federal Commission. Although it will collect data only once, Coordinator. U.S. Department of Energy, it allows NCES a deeper and richer 1000 Independence Avenue SW, ACTION: Notice of information collection understanding of how schools and Washington, DC 20585. Phone (202) and request for comments. teachers are faring while operating 430–9624 or Email: Alyssa.Harris@ SUMMARY: In compliance with the during a pandemic. Because the em.doe.gov. instruments are very much the same as requirements of the Paperwork the instruments used during every SUPPLEMENTARY INFORMATION: Reduction Act of 1995, the Federal administration of NAEP, the data Purpose of the Board: The purpose of Energy Regulatory Commission collected will also allow us to better the Board is to make recommendations (Commission or FERC) is soliciting understand trends in schools across and to DOE–EM and site management in the public comment on a renewal of through the global coronavirus areas of environmental restoration, currently approved information pandemic. In addition, a summative waste management, and related collection, FERC–512 (Preliminary report will be provided at the end of the activities. Permit), which will be submitted to the collection, relating the results to those Tentative Agenda Topics: Office of Management and Budget from the NAEP 2021 School Survey. Tuesday, April 20, 2021 (OMB) for review. Dated: March 18, 2021. • Opening Remarks DATES: Comments on the collection of • Stephanie Valentine, Update from EM Senior Leadership information are due April 23, 2021. • EM SSAB Chairs’ Round Robin ADDRESSES: Send written comments on PRA Coordinator, Strategic Collections and • Clearance Governance and Strategy Division, Reading of Public Comment FERC–512 to OMB through Office of Chief Data Officer, Office of • Update from Associate Principal www.reginfo.gov/public/do/PRAMain. Planning, Evaluation and Policy Deputy Assistant Secretary for Attention: Federal Energy Regulatory Development. Regulatory & Policy Affairs Commission Desk Officer. Please [FR Doc. 2021–06018 Filed 3–23–21; 8:45 am] • EM Budget Update identify the OMB Control Number BILLING CODE 4000–01–P • Communications Presentation by (1902–0073) in the subject line of your the Consortium for Risk Evaluation comments. Comments should be sent with Stakeholder Participation within 30 days of publication of this DEPARTMENT OF ENERGY (CRESP) notice to www.reginfo.gov/public/do/ Wednesday, April 21, 2021 PRAMain. Environmental Management Site- • Charge Presentation and Discussion Please submit copies of your Specific Advisory Board Chairs • Reading of Public Comment comments to the Commission. You may • Charge Presentation and Discussion submit copies of your comments AGENCY: Office of Environmental • Open Discussion/Board Business (identified by Docket No. IC21–8–000) Management, Department of Energy. Public Participation: The online by one of the following methods: ACTION: Notice of open virtual meeting. virtual meeting is open to the public. Electronic filing through http:// Written statements may be filed with www.ferc.gov, is preferred. SUMMARY: This notice announces an • Electronic Filing: Documents must online virtual meeting of the the Board either before or after the meeting by sending them to Alyssa be filed in acceptable native Environmental Management Site- applications and print-to-PDF, but not Specific Advisory Board (EM SSAB) Harris at the aforementioned email address. The Designated Federal Officer in scanned or picture format. Chairs. The Federal Advisory • For those unable to file Committee Act requires that public is empowered to conduct the conference call in a fashion that will facilitate the electronically, comments may be filed notice of this conference call be by USPS mail or by hand (including announced in the Federal Register. orderly conduct of business. Individuals wishing to make public comments courier) delivery. DATES: • should email them as directed above. Mail via U.S. Postal Service Only: Tuesday, April 20, 2021; 12:00 p.m.– Addressed to: Federal Energy 4:00 p.m. EDT Minutes: Minutes will be available by writing or calling Alyssa Harris at the Regulatory Commission, Secretary of the Wednesday, April 21, 2021; 12:00 p.m.– Commission, 888 First Street NE, 4:00 p.m. EDT address or phone number listed above. Minutes will also be available at the Washington, DC 20426. ADDRESSES: This meeting will be held following website: https://energy.gov/ Hand (including courier) delivery: virtually via Microsoft Teams. To em/listings/chairs-meetings. Deliver to: Federal Energy Regulatory attend, please contact Alyssa Harris by Commission, 12225 Wilkins Avenue, email, [email protected], no Signed in Washington, DC, on March 18, Rockville, MD 20852. later than 5:00 p.m. EDT on Tuesday, 2021. Instructions: OMB submissions must April 13, 2021. LaTanya Butler, be formatted and filed in accordance To Submit Public Comment: Public Deputy Committee Management Officer. with submission guidelines at comments will be accepted via email [FR Doc. 2021–06046 Filed 3–23–21; 8:45 am] www.reginfo.gov/public/do/PRAMain. prior to and after the meeting. BILLING CODE 6450–01–P Using the search function under the VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15661 ‘‘Currently Under Review’’ field, select preliminary permit term. Preliminary be used, and jurisdictional aspects of Federal Energy Regulatory Commission; permits, issued for up to four years, the project. The staff assessment click ‘‘submit,’’ and select ‘‘comment’’ preserve the right of permit holders to includes a review of the proposed hydro to the right of the subject collection. have first priority in applying for a development for conflicts with other FERC submissions must be formatted license for a project being studied, but permits or existing projects and public and filed in accordance with submission do not authorize construction of any notice of the application to solicit guidelines at: http://www.ferc.gov. For facilities. Nor does a preliminary permit public and agency comments. The user assistance, contact FERC Online allow the use of eminent domain to application for a one-time extension, up Support by email at ferconlinesupport@ acquire lands for the project. The to four years, of a preliminary permit is ferc.gov, or by phone at: (866) 208–3676 preliminary permits are issued pursuant used by Commission staff to determine (toll-free). to sections 4(f), 5, and 7 of the FPA. if a permittee has met the 2018 Water Docket: Users interested in receiving Preliminary permits may be extended Infrastructure Act’s good faith and automatic notification of activity in this one time for up to four additional years, reasonable diligence standard. An docket or in viewing/downloading pursuant to section 5 of the FPA. The application for a preliminary permit comments and issuances in this docket purpose of obtaining a preliminary includes an initial statement and three may do so at http://www.ferc.gov/docs- numbered exhibits, per 18 CFR 4.81. filing/docs-filing.asp. permit is to maintain priority status for an application for a license while the The initial statement includes FOR FURTHER INFORMATION CONTACT: applicant conducts site examinations information on the applicant, the Ellen Brown may be reached by email and surveys to prepare maps, plans, project, the requested term of the at [email protected], telephone permit, affected political jurisdictions, at (202) 502–8663. specifications, and estimates. This period of time also provides the and a verification of the facts. SUPPLEMENTARY INFORMATION: applicant with the opportunity to Type of Respondents: Business or Title: FERC–512, Preliminary Permit. conduct engineering, economic, and other for-profit and not for-profit OMB Control No.: 1902–0073. institutions. Type of Request: Three-year approval environmental feasibility studies in of the FERC–512 information collection addition to making the financial In response to the Notice of requirements, with no changes to the arrangements for funding the Information Collection Request for current reporting requirements in construction of the project. No other comments published in the Federal Docket No. IC21–8–000. application for a preliminary permit or Register on January 11, 2021 (86 FR Abstract: The Commission regulates application for license submitted by 1957), the Commission received no nonfederal hydropower projects on another party can be accepted during comments on the 60-day Paperwork navigable waters and federal lands the permit term. The application for a Reduction Act notice. pursuant to the Federal Power Act preliminary permit is used by Estimate of Annual Burden 2 and (FPA).1 The FERC–512 is an application Commission staff to assess the scope of Cost 3: The Commission estimates as for a preliminary permit or to extend a the proposed project, the technology to shown below in the table: FERC–512: (PRELIMINARY PERMIT) Annual Average Number of number of Total number Average burden hours Total annual burden annual cost respondents responses per of responses & cost per response hours & total annual per respondent cost respondent (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) Annual Reporting and 50 1 50 24 hrs.; $1,992 ...... 1,200 hrs.; $99,600 ..... $1,992 Recordkeeping. Total FERC–512 ... 50 1 50 24 hrs.; $1,992 ...... 1,200 hrs.; $99,600 ..... 1,992 Comments: Comments are invited on: who are to respond, including the use ENVIRONMENTAL PROTECTION (1) Whether the collection of of automated collection techniques or AGENCY information is necessary for the proper other forms of information technology. performance of the functions of the Dated: March 18, 2021. [EPA–HQ–OPPT–2020–0617; FRL–10018– Commission, including whether the 36] information will have practical utility; Kimberly D. Bose, (2) the accuracy of the agency’s estimate Secretary. Agency Information Collection of the burden and cost of the collection [FR Doc. 2021–06087 Filed 3–23–21; 8:45 am] Activities; Proposed Renewal of an of information, including the validity of BILLING CODE 6717–01–P Existing Collection and Request for the methodology and assumptions used; Comment; Collection of Information for (3) ways to enhance the quality, utility TSCA Mercury Inventory Reporting and clarity of the information collection; and (4) ways to minimize the burden of AGENCY: Environmental Protection the collection of information on those Agency (EPA). 1 16 U.S.C. 791a–825r (2012). explanation of what is included in the information 512 are approximately the same as the 2 Burden is defined as the total time, effort, or collection burden, refer to 5 Code of Federal Commission’s average cost. The FERC 2020 average financial resources expended by persons to Regulations 1320.3. salary plus benefits for one FERC full-time generate, maintain, retain, or disclose or provide 3 Commission staff estimates that the industry’s equivalent (FTE) is $172,329/year (or $83.00/hour). information to or for a Federal agency. For further skill set and cost (for wages and benefits) for FERC– VerDate Sep<11>2014 17:40 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15662 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices ACTION: Notice. 1. Evaluate whether the proposed that intentionally add mercury’’ and collection of information is necessary ‘‘recommend actions, including SUMMARY: In compliance with the for the proper performance of the proposed revisions of Federal law or Paperwork Reduction Act (PRA), this functions of the Agency, including regulations, to achieve further document announces that EPA is whether the information will have reductions in mercury use.’’ 15 U.S.C. planning to submit an Information practical utility. 2607(b)(10)(C). Collection Request (ICR) to the Office of 2. Evaluate the accuracy of the The primary purpose of this ICR is to Management and Budget (OMB). The Agency’s estimates of the burden of the support the development of that ICR, entitled: ‘‘Collection of Information proposed collection of information, inventory. In turn, the inventory will for TSCA Mercury Inventory Reporting’’ including the validity of the help the Agency identify uses of and identified by EPA ICR No. 2567.03 methodology and assumptions used. mercury and recommend means to and OMB Control No. 2070–0207, 3. Enhance the quality, utility, and achieve further reductions of such uses represents the renewal of an existing clarity of the information to be in commerce. In addition, the Agency ICR that is scheduled to expire on collected. seeks to obtain the information October 31, 2021. Before submitting the 4. Minimize the burden of the necessary to achieve its goal to further ICR to OMB for review and approval, collection of information on those who reduce the use of mercury in products EPA is soliciting comments on specific are to respond, including through the and certain manufacturing processes in aspects of the proposed information use of appropriate automated electronic, order to prevent future releases to the collection that is summarized in this mechanical, or other technological environment, as well as assist the document. The ICR and accompanying collection techniques or other forms of United States in reporting material are available in the docket for information technology, e.g., permitting implementation under the Minamata public review and comment. electronic submission of responses. In Convention. EPA seeks to enhance its DATES: Comments must be received on particular, EPA is requesting comments current information on how much or before May 24, 2021. from very small businesses (those that mercury is used, in which products and ADDRESSES: Submit your comments, employ less than 25) on examples of manufacturing processes, and whether identified by docket identification (ID) specific additional efforts that EPA certain products are manufactured number EPA–HQ–OPPT–2020–0617, could make to reduce the paperwork domestically, imported, or exported. using the Federal eRulemaking Portal at burden for very small businesses Reporting is required from any person http://www.regulations.gov. Follow the affected by this collection. who manufactures (including imports) online instructions for submitting mercury or mercury-added products, as II. What information collection activity well as any person who otherwise comments. Do not submit electronically or ICR does this action apply to? any information you consider to be intentionally uses mercury in a Title: Collection of Information for Confidential Business Information (CBI) manufacturing process under TSCA TSCA Mercury Inventory Reporting. section 8(b). 15 U.S.C. 2607(b)(10)(D)(i). or other information whose disclosure is ICR number: EPA ICR No. 2567.03. The Agency promulgated reporting restricted by statute. OMB control number: OMB Control requirements at 40 CFR part 713. In Due to the public health concerns No. 2070–0207. related to COVID–19, the EPA Docket order to avoid duplication, EPA ICR status: This ICR is currently coordinated the reporting with the Center (EPA/DC) and Reading Room is scheduled to expire on October 31, closed to visitors with limited Interstate Mercury Education and 2021. An Agency may not conduct or Reduction Clearinghouse (IMERC). 15 exceptions. The staff continues to sponsor, and a person is not required to provide remote customer service via U.S.C. 2607(b)(10)(D)(ii). respond to, a collection of information, Regulated entities may claim some of email, phone, and webform. For the unless it displays a currently valid OMB the information given to EPA as CBI. latest status information on EPA/DC control number. The OMB control Reporting requirements will contain services and docket access, visit https:// numbers for EPA’s regulations in title 40 information for respondents on how to www.epa.gov/dockets. of the Code of Federal Regulations make a claim to EPA that all or part of FOR FURTHER INFORMATION CONTACT: (CFR), after appearing in the Federal their submitted information is CBI. EPA For technical information contact: Register when approved, are listed in 40 handles claims of confidentiality Thomas Groeneveld (7407M), Office of CFR part 9, are displayed either by pursuant to established CBI procedures, Pollution Prevention and Toxics, publication in the Federal Register or as found at section 14 of TSCA, 40 CFR Environmental Protection Agency, 1200 by other appropriate means, such as on part 2, and the Agency’s TSCA CBI Pennsylvania Ave. NW, Washington, DC the related collection instrument or Manual. CBI is also protected under the 20460–0001; telephone number: (202) form, if applicable. The display of OMB Freedom of Information Act (5 U.S.C 566–1188; email address: control numbers for certain EPA 525). [email protected]. regulations is consolidated in 40 CFR Burden statement: annual public For general information contact: The part 9. reporting and recordkeeping burden for TSCA-Hotline, ABVI-Goodwill, 422 Abstract: As directed in the June 2016 this collection of information is South Clinton Ave., Rochester, NY Frank R. Lautenberg Chemical Safety for estimated to average 23 hours per 14620; telephone number: (202) 554– the 21st Century Act amendments to the response. Burden is defined in 5 CFR 1404; email address: TSCA-Hotline@ Toxic Substances Control Act (TSCA), 1320.3(b). epa.gov. EPA is required to assist in the The ICR, which is available in the SUPPLEMENTARY INFORMATION: preparation and publication in the docket along with other related Federal Register of an ‘‘inventory of materials, provides a detailed I. What information is EPA particularly mercury supply, use, and trade in the explanation of the collection activities interested in? United States.’’ 15 U.S.C. 2607(b)(10)(B) and the burden estimate that is only Pursuant to PRA section 3506(c)(2)(A) and (D). Based on the inventory of briefly summarized here: (44 U.S.C. 3506(c)(2)(A)), EPA information collected through this ICR, Respondents/Affected Entities: specifically solicits comments and the Agency is directed to ‘‘identify any Entities potentially affected by this ICR information to enable it to: manufacturing processes or products are persons who manufacture (including VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15663 import) mercury, mercury-added information is estimated about 23 hours ENVIRONMENTAL PROTECTION products, and persons who otherwise per respondent. This request represents AGENCY intentionally use mercury in a a decrease of 9 hours per respondent manufacturing process. [EPA–HQ–OPPT–2003–0004; FRL–10021– from that currently in the OMB 67] Estimated average number of inventory, or a total decrease of 20,522 potential respondents per year: 756. hours (from 72,567 to 52,045 hours). Access to Confidential Business Frequency of response: Every three This increase is due to, a decrease in Information by Eastern Research years. Estimated yearly average number of rule familiarization burden, a decrease Group and Its Identified responses for each respondent: 0.33. in form completion burden due to Subcontractors and PG Environmental mercury export prohibitions, and Estimated total annual burden hours: AGENCY: changes in the number of estimated Environmental Protection 52,000 hours. Agency (EPA). Estimated total annual costs: EPA respondents. ACTION: Notice. estimates the annual average industry In addition, OMB has requested that burden and cost over three years at EPA move towards using the 18- SUMMARY: EPA has authorized its approximately 17,000 hours and $1.4 question format for ICR Supporting contractor and subcontractor, Eastern million dollars, respectively, with a Statements used by other federal Research Group (ERG), Lexington, MA; total industry burden of approximately agencies and departments and is based and PG Environmental, Golden, CO, to 52,000 hours and $4.2 million over the on the submission instructions access information which has been three-year period. Annual average established by OMB in 1995, replacing submitted to EPA under all sections of agency burden and costs annualized the alternate format developed by EPA the Toxic Substances Control Act over 3 years are 1,600 hours and $0.15 (TSCA). Some of the information may be million, with a total agency burden of and OMB prior to 1995. EPA intends to update this Supporting Statement claimed or determined to be approximately 4,800 hours and $0.4 Confidential Business Information (CBI). million over 3 years. Total annual during the comment period to reflect the burden and cost for both industry and 18-question format, and has included DATES: Access to the confidential data agency annualized over 3 years is the questions in an attachment to this will occur no sooner than March 31, 19,000 hours and $1.8 million dollars. Supporting Statement. In doing so, the 2021. Total overall burden and costs are Agency does not expect the change in FOR FURTHER INFORMATION CONTACT: 57,000 hours and $4.6 million. format to result in substantive changes For technical information contact: to the information collection activities Scott Sherlock, Program Management III. Are there changes in the estimates or related estimated burden and costs. and Operations Division (7407M), Office from the last approval? of Pollution Prevention and Toxics, IV. What is the next step in the process In June 2018, EPA finalized a rule to Environmental Protection Agency, 1200 require reporting from persons who for this ICR? Pennsylvania Ave. NW, Washington, DC manufacture (including import) mercury EPA will consider the comments 20460–0001; telephone number: (202) or mercury-added products, or received and amend the ICR as 564–8257; fax number: (202) 564–8251; otherwise intentionally use mercury in appropriate. The final ICR package will email address: [email protected]. a manufacturing process. That rule was For general information contact: The challenged in the Second Circuit Court then be submitted to OMB for review and approval pursuant to 5 CFR TSCA-Hotline, ABVI-Goodwill, 422 of Appeals by the Natural Resources South Clinton Ave., Rochester, NY 1320.12. EPA will issue another Federal Defense Council and several state 14620; telephone number: (202) 554– Register document pursuant to 5 CFR attorneys general in July 2018. The 1404; email address: TSCA-Hotline@ petitioners argued that three exemptions 1320.5(a)(1)(iv) to announce the epa.gov. to the reporting requirements violated submission of the ICR to OMB and the the statutory mandate within TSCA opportunity to submit additional SUPPLEMENTARY INFORMATION: section 8(b)(10). Oral arguments were comments to OMB. If you have any I. General Information held on November 20, 2019 and the questions about this ICR or the approval court issued its decision in June 5, 2020. process, please contact the technical A. Does this action apply to me? The Agency prevailed on two issues, but person listed under FOR FURTHER This action is directed to the public the Second Circuit vacated an INFORMATION CONTACT. in general. This action may, however, be exemption (40 CFR 713.7(b)(2)) for Authority: 44 U.S.C. 3501 et seq. of interest to all who manufacture, persons who import pre-assembled process, or distribute industrial products that contain a mercury-added Dated: March 17, 2021. chemicals. Since other entities may also component. As a result, such persons Michal Freedhoff, be interested, the Agency has not are now required to report pursuant to Acting Assistant Administrator, Office of attempted to describe all the specific 40 CFR 713.7(b). Additionally, an Chemical Safety and Pollution Prevention. entities that may be affected by this interim final rule will be used to [FR Doc. 2021–06009 Filed 3–23–21; 8:45 am] action. effectuate the decision of the court, BILLING CODE 6560–50–P B. How can I get copies of this document including necessary regulatory and other related information? amendments. Based on the numbers of reporters of The docket for this action, identified mercury data to the IMERC Database, as by docket identification (ID) number well as EPA’s TRI program and CDR EPA–HQ–OPPT–2003–0004 is available rule, there will be a change in at http://www.regulations.gov or at the manufacturers (including importers) or Office of Pollution Prevention and processors that could respond to this Toxics Docket (OPPT Docket), information collection. The annual Environmental Protection Agency public burden for this collection of Docket Center (EPA/DC), West William VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15664 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices Jefferson Clinton Bldg., Rm. 3334, 1301 Dated: March 19, 2021. Division (7505P), main telephone Constitution Ave. NW, Washington, DC. Pamela Myrick, number: (703) 305–7090, email address: The Public Reading Room is open from Director, Project Management and Operations [email protected]. The mailing 8:30 a.m. to 4:30 p.m., Monday through Division, Office of Pollution Prevention and address for each contact person is: Friday, excluding legal holidays. The Toxics. Office of Pesticide Programs, telephone number for the Public [FR Doc. 2021–06065 Filed 3–23–21; 8:45 am] Environmental Protection Agency, 1200 Reading Room is (202) 566–1744, and BILLING CODE 6560–50–P Pennsylvania Ave. NW, Washington, DC the telephone number for the OPPT 20460–0001. As part of the mailing Docket is (202) 566–0280. address, include the contact person’s Due to the public health concerns ENVIRONMENTAL PROTECTION name, division, and mail code. The related to COVID–19, the EPA Docket AGENCY division to contact is listed at the end Center (EPA/DC) and Reading Room is [EPA–HQ–OPP–2021–0080; FRL–10021–46] of each application summary. closed to visitors with limited SUPPLEMENTARY INFORMATION: exceptions. The staff continues to Pesticide Product Registration; I. General Information provide remote customer service via Receipt of Applications for New Uses email, phone, and webform. For the (March 2021) A. Does this action apply to me? latest status information on EPA/DC services and docket access, visit https:// AGENCY: Environmental Protection You may be potentially affected by www.epa.gov/dockets. Agency (EPA). this action if you are an agricultural ACTION: Notice. producer, food manufacturer, or II. What action is the Agency taking? pesticide manufacturer. The following Under EPA contract number SUMMARY: EPA has received applications list of North American Industrial 68HERC21D0007, contractor and to register new uses for pesticide Classification System (NAICS) codes is subcontractors ERG, 110 Hartwell Ave, products containing currently registered not intended to be exhaustive, but rather Suite 1, Lexington, MA and PG active ingredients. Pursuant to the provides a guide to help readers Environmental, 1113 Washington Ave, Federal Insecticide, Fungicide, and determine whether this document Golden, CO, will assist the Office of Rodenticide Act (FIFRA), EPA is hereby applies to them. Potentially affected Pollution Prevention and Toxics (OPPT) providing notice of receipt and entities may include: in enforcement program opportunity to comment on these • Crop production (NAICS code 111). implementation; enforcement case applications. • Animal production (NAICS code support; conducting inspections; 112). DATES: Comments must be received on provide laboratory support; and perform • Food manufacturing (NAICS code or before April 23, 2021. analysis. 311). In accordance with 40 CFR 2.306(j), ADDRESSES: Submit your comments, EPA has determined that under EPA identified by the docket identification B. What should I consider as I prepare contract number 68HERC21D0007, ERG (ID) number and the File Symbol of the my comments for EPA? and PG Environmental will require EPA registration number of interests as 1. Submitting CBI. Do not submit this access to CBI submitted to EPA under shown in the body of this document, by information to EPA through all section(s) of TSCA to perform one of the following methods: regulations.gov or email. Clearly mark successfully the duties specified under • Federal eRulemaking Portal: http:// the part or all of the information that the contract. ERG and PG www.regulations.gov. Follow the online you claim to be CBI. For CBI Environmental personnel will be given instructions for submitting comments. information in a disk or CD–ROM that access to information submitted to EPA Do not submit electronically any you mail to EPA, mark the outside of the under all section(s) of TSCA. Some of information you consider to be disk or CD–ROM as CBI, and then the information may be claimed or Confidential Business Information (CBI) identify electronically within the disk or determined to be CBI. or other information whose disclosure is CD–ROM the specific information that EPA is issuing this notice to inform restricted by statute. is claimed as CBI. In addition to one • all submitters of information under all Mail: OPP Docket, Environmental complete version of the comment that sections of TSCA that EPA may provide Protection Agency Docket Center (EPA/ includes information claimed as CBI, a ERG and PG Environmental access to DC), (28221T), 1200 Pennsylvania Ave. copy of the comment that does not these CBI materials on a need-to-know NW, Washington, DC 20460–0001. contain the information claimed as CBI • basis only. All access to TSCA CBI Hand Delivery: To make special must be submitted for inclusion in the under this contract will take place at arrangements for hand delivery or public docket. Information so marked EPA Headquarters and ERG’s site delivery of boxed information, please will not be disclosed except in located at 14555 Avion Parkway, Suite follow the instructions at https:// accordance with procedures set forth in 200, Chantilly, VA, in accordance with www.epa.gov/dockets/where-send- 40 CFR part 2. EPA’s TSCA CBI Protection Manual. comments-epa-dockets. 2. Tips for preparing your comments. Access to TSCA data, including CBI, Due to the public health concerns When preparing and submitting your will continue until March 09, 2026. If related to COVID–19, the EPA Docket comments, see the commenting tips at the contract is extended, this access will Center (EPA/DC) and Reading Room is https://www.epa.gov/dockets/ also continue for the duration of the closed to visitors with limited commenting-epa-dockets. extended contract without further exceptions. The staff continues to notice. provide remote customer service via II. Registration Applications ERG and PG Environmental personnel email, phone, and webform. For the EPA has received applications to will be required to sign nondisclosure latest status information on EPA/DC register new uses for pesticide products agreements and will be briefed on services and docket access, visit https:// containing currently registered active appropriate security procedures before www.epa.gov/dockets. ingredients. Pursuant to the provisions they are permitted access to TSCA CBI. FOR FURTHER INFORMATION CONTACT: of FIFRA section 3(c)(4) (7 U.S.C. Authority: 15 U.S.C. 2601 et seq. Marietta Echeverria, Registration 136a(c)(4)), EPA is hereby providing VerDate Sep<11>2014 17:40 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15665 notice of receipt and opportunity to DATES: Comments must be submitted on e.g., permitting electronic submission of comment on these applications. Notice or before May 24, 2021. responses. EPA will consider the of receipt of these applications does not ADDRESSES: Submit your comments, comments received and amend the imply a decision by the Agency on these referencing Docket ID No. EPA–HQ– proposed ICR as appropriate. The final applications. OW–2011–0465, online using ICR package will then be submitted to OMB for review and approval. At that Notice of Receipt—New Uses www.regulations.gov (our preferred method), by email to ow-docket@ time, EPA will issue another Federal 1. EPA File Symbol: 56228–AU. epa.gov, or by mail to: EPA Docket Register notice to announce the Docket ID number: EPA–HQ–OPP– Center, Environmental Protection submission of the ICR to OMB and the 2021–0163. Applicant: U.S. Department Agency, Mail Code 28221T, 1200 opportunity to submit additional of Agriculture. Active ingredient: Pennsylvania Ave. NW, Washington, DC comments to OMB. Gonadotropin releasing hormone. 20460. Abstract: Water quality standards Product type: Contraceptive. Proposed EPA’s policy is that all comments (WQS) under the Clean Water Act use: Black-tailed prairie dogs. Contact: received will be included in the public (hereafter referred to as ‘‘the Act’’) are RD. docket without change including any provisions of state,1 tribal,2 or federal 2. EPA Registration Number(s) or File personal information provided unless law which consist of designated uses for Symbol: 9F8817; 100–903, 100–1270. the comment includes profanity, threats, waters of the United States, water Docket ID number: EPA–HQ–OPP– information claimed to be Confidential quality criteria to protect those uses, 2021–0066. Applicant: Syngenta Crop Business Information (CBI) or other and antidegradation requirements. WQS Protection, LLC, P.O. Box 18300, information whose disclosure is are established to protect public health Greensboro, NC 27419. Active restricted by statute. or welfare, protect and enhance the ingredient: Emamectin benzoate. FOR FURTHER INFORMATION CONTACT: quality of water, and serve the purposes Product type: Insecticide. Proposed use: Menchu Martinez, Office of Water, of the Act. Such standards serve the Soybeans. Contact: RD. Office of Science and Technology, dual purposes of establishing the water Authority: 7 U.S.C. 136 et seq. Standards and Health Protection quality goals for water bodies and Division, (4305T), Environmental serving as the regulatory basis for the Dated: March 11, 2021. Protection Agency, 1200 Pennsylvania establishment of water quality-based Delores Barber, Ave. NW, Washington, DC 20460; treatment controls and strategies beyond Director, Information Technology and telephone number: 202–566–1218; technology-based levels of treatment Resources Management Division, Office of email address: martinez.menchu-c@ required by sections 301(b) and 306 of Program Support. epa.gov. the Act. The WQS regulation, consisting [FR Doc. 2021–06069 Filed 3–23–21; 8:45 am] SUPPLEMENTARY INFORMATION: of 40 CFR part 131, establishes the BILLING CODE 6560–50–P Supporting documents which explain in framework for states and authorized detail the information that EPA would tribes to adopt standards, and for EPA be collecting are available in the public to review and approve or disapprove ENVIRONMENTAL PROTECTION them. This ICR is for information AGENCY docket for this ICR (Docket ID No. EPA– HQ–OW–2011–0465). The docket can be collections needed to implement the [EPA–HQ–OW–2011–0465; FRL 10021–17– viewed online at www.regulations.gov WQS regulation, required to obtain or OW] or in person at the EPA Docket Center, retain benefits (e.g., relaxed regulatory requirements) under the WQS Proposed Information Collection WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. regulation, and requested on a voluntary Request for Water Quality Standards basis to gather technical program Regulation (Renewal) The telephone number for the Docket Center is 202–566–1744. For additional information. AGENCY: Environmental Protection information about EPA’s public docket, This ICR renews the WQS Regulation Agency (EPA). visit http://www.epa.gov/dockets. ICR, OMB control no. 2040–0049, expiration date 12/31/2021. This ICR ACTION: Notice. Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act (PRA), renewal describes the estimated burden SUMMARY: The U.S. Environmental EPA is soliciting comments and for states and authorized tribes Protection Agency (EPA) is planning to information to enable it to: (i) Evaluate associated with the information submit an information collection whether the proposed collection of collections related to implementation of request (ICR), ‘‘Water Quality Standards information is necessary for the proper the requirements of 40 CFR part 131 Regulation (Renewal)’’ (EPA ICR No. performance of the functions of the (Water Quality Standards). This ICR also 0988.14, OMB Control No. 2040–0049) Agency, including whether the covers periodic requests for voluntary to the Office of Management and Budget information will have practical utility; WQS information from states and tribes (OMB) for review and approval in (ii) evaluate the accuracy of the to ensure efficient and effective accordance with the Paperwork Agency’s estimate of the burden of the administration of the WQS program and Reduction Act. Before doing so, EPA is proposed collection of information, further cooperative federalism. soliciting public comments on specific including the validity of the Form Numbers: None. Respondents/affected entities: aspects of the proposed information methodology and assumptions used; Potential respondents to this ICR collection as described below. This ICR (iii) enhance the quality, utility, and renews the Water Quality Standards clarity of the information to be 1 ‘‘States’’ in EPA’s WQS Regulation and in this Regulation ICR, which is currently collected; and, (iv) minimize the burden document includes the 50 states, the District of approved through December 31, 2021. of the collection of information on those Columbia, Guam, the Commonwealth of Puerto An Agency may not conduct or sponsor who are to respond, including through Rico, the Virgin Islands, American Samoa, and the and a person is not required to respond the use of appropriate automated Commonwealth of the Northern Mariana Islands. 2 ‘‘Tribes’’ in this document refers to federally to a collection of information unless it electronic, mechanical, or other recognized tribes and ‘‘authorized tribes’’ refers to displays a currently valid OMB control technological collection techniques or those federally recognized Indian tribes with number. other forms of information technology, authority to administer a CWA WQS program. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15666 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices include: The 50 states, the District of Time. EPA will make registration A. Information About Services for Columbia, five territories, authorized information available to the public on Individuals With Disabilities or tribes with EPA-approved water quality the agency’s website at http:// Requiring English Language standards (45 tribes as of February www.epa.gov/brownfields on Friday, Translation Assistance 2021), and a total of 18 additional tribal April 2, 2021. Due to the limit of 250 For more information about respondents over the three-year participants, attendance will be on a accessibility or services for individuals duration of the ICR. The total number of first-come, first served basis. requiring assistance, please contact potential respondents is thus 119. Registration is required. After Daniel Moher, U.S. EPA; email: Respondent’s obligation to respond: registering and prior to April 2, [email protected]; telephone: (202) Some collections in this ICR are confirmed participants will receive an 566–2939. To request special mandatory, some are required to obtain email from Eventbrite with a link to use accommodations for a disability, or retain benefits pursuant to the WQS to join the event. English language translation or other Regulation, and some are voluntary. assistance, please submit your request at Estimated number of respondents: The purpose of this meeting is to hear from representatives of nonprofits, using least fourteen (14) working days prior to 119. the event to give EPA sufficient time to Frequency of response: Variable (once the following questions to guide the discussion: How does your nonprofit process your request. All requests every three years, on occasion or as should be sent to the email or phone necessary, or only once) depending on organization view its role in brownfields number listed in the FOR FURTHER type of information collected. cleanup and redevelopment? What INFORMATION CONTACT section. Total estimated burden: 466,242 benefits and barriers exist to nonprofits hours per year. Burden is defined at 5 leading brownfield cleanup and Dated: March 18, 2021. CFR 1320.03(b). redevelopment projects? How can EPA David Lloyd, Total estimated cost: $21,409,833 in best engage with nonprofit organizations Director, Office of Brownfields and Land labor costs and $263,520 in operations that are most interested in leading Revitalization. and maintenance costs per year. There brownfields cleanup and [FR Doc. 2021–06014 Filed 3–23–21; 8:45 am] are no annualized capital costs. redevelopment? BILLING CODE 6560–50–P Change in estimates: A decrease of In addition to the open discussion 41,645 hours in estimated respondent and listening session, stakeholders may burden compared with the currently respond in writing to the guiding ENVIRONMENTAL PROTECTION approved ICR. The decrease reflects questions mentioned above during a AGENCY removal of one completed collection three-week comment period that will [EPA–HQ–OPP–2021–0083; FRL–10021–45] and transfer and consolidation of two commence upon publication of this collections with the ICR of another notice. Comments will be accepted Pesticide Product Registration; program, and adjustments to reflect through April 23, 2021 and should be Receipt of Applications for New Active changes in the estimated number of submitted through email to EPA’s Office Ingredients (March 2021) respondents. of Brownfields and Land Revitalization AGENCY: See Supporting Statement in the at [email protected]. Environmental Protection docket for more information. Agency (EPA). DATES: This event will be held on April ACTION: Notice. Deborah Nagle, 23, 2021 through Zoom from 1 p.m.–3 Director, Office of Science and Technology, p.m. Eastern Standard Time. Public SUMMARY: EPA has received applications Office of Water. comments submitted before the event to register pesticide products containing [FR Doc. 2021–06097 Filed 3–23–21; 8:45 am] will be accepted through April 23, 2021 active ingredients not included in any BILLING CODE 6560–50–P and should be submitted through email currently registered pesticide products. to EPA’s Office of Brownfields and Land Pursuant to the Federal Insecticide, Revitalization at [email protected]. Fungicide, and Rodenticide Act ENVIRONMENTAL PROTECTION (FIFRA), EPA is hereby providing notice AGENCY FOR FURTHER INFORMATION CONTACT: of receipt and opportunity to comment [EPA–HQ–OLEM–10021–78–OLEM] Daniel Moher, U.S. EPA; email: on these applications. [email protected]; telephone: (202) DATES: Comments must be received on 566–2939. Additional information about Brownfields Stakeholder Discussion or before April 23, 2021. and Listening Session With Nonprofit EPA’s Brownfields and Land ADDRESSES: Submit your comments, Organizations and Community Revitalization Program is available at identified by docket identification (ID) Foundations http://www.epa.gov/brownfields. number and the File Symbol of interest AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: The as shown in the body of this document, Agency (EPA). Brownfields Utilization, Investment and by one of the following methods: • ACTION: Notice. Local Development Act of 2018 (BUILD Federal eRulemaking Portal: http:// Act) amended the Brownfields www.regulations.gov. Follow the online SUMMARY: The Environmental Protection provisions of the Comprehensive, instructions for submitting comments. Agency (EPA) will host an open Environmental Response, Compensation Do not submit electronically any discussion and listening session with and Liability Act (CERCLA) to expand information you consider to be nonprofit organizations across the its eligibility for nonprofit Confidential Business Information (CBI) country to hear about nonprofit organizations. Nonprofits described as or other information whose disclosure is leadership in brownfields assessment, 501(c)(3), limited liability corporations restricted by statute. cleanup, and redevelopment projects. (LLCs) and community development • Mail: OPP Docket, Environmental This is a virtual event and will be held agencies that are nonprofit, can apply Protection Agency Docket Center (EPA/ on Friday, April 23, 2021 through Zoom for multipurpose, assessment, cleanup, DC), (28221T), 1200 Pennsylvania Ave. from 1 p.m.–3 p.m. Eastern Standard and revolving loan fund grants. NW, Washington, DC 20460–0001. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15667 • Hand Delivery: To make special is claimed as CBI. In addition to one chemigation, transplant water, or root arrangements for hand delivery or complete version of the comment that dip. Contact: BPPD. delivery of boxed information, please includes information claimed as CBI, a 3. File symbol: 86431–GL. Docket ID follow the instructions at https:// copy of the comment that does not number: EPA–HQ–OPP–2020–0688. www.epa.gov/dockets/where-send- contain the information claimed as CBI Applicant: Advanced Biological comments-epa-dockets. must be submitted for inclusion in the Marketing, 375 Bonnewitz Ave., Van Due to the public health concerns public docket. Information so marked Wert, OH 45891. Product name: ABM related to COVID–19, the EPA Docket will not be disclosed except in K5 Technical. Active ingredient: Center (EPA/DC) and Reading Room is accordance with procedures set forth in Fungicide and Nematicide— closed to visitors with limited 40 CFR part 2. Trichoderma atroviride strain K5 NRRL exceptions. The staff continues to 2. Tips for preparing your comments. B–50520 at 100%. Proposed use: For provide remote customer service via When preparing and submitting your manufacturing use. Contact: BPPD. email, phone, and webform. For the comments, see the commenting tips at 4. File symbol: 86431–GU. Docket ID latest status information on EPA/DC https://www.epa.gov/dockets/ number: EPA–HQ–OPP–2020–0688. services and docket access, visit https:// commenting-epa-dockets. Applicant: Advanced Biological www.epa.gov/dockets. Marketing, 375 Bonnewitz Ave., Van II. Registration Applications FOR FURTHER INFORMATION CONTACT: Wert, OH 45891. Product name: ABM Charles Smith, Biopesticides and EPA has received applications to K5 EP#11. Active ingredient: Fungicide Pollution Prevention Division (BPPD) register pesticide products containing and Nematicide—Trichoderma (7511P), main telephone number: (703) active ingredients not included in any atroviride strain K5 NRRL B–50520 at 305–7090, email address: currently registered pesticide products. 0.68%. Proposed use: For control or suppression of plant diseases or [email protected]; or Anita Pursuant to the provisions of FIFRA nematodes of various crops (e.g., Pease, Antimicrobials Division (AD) section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA oilseeds and legume vegetables) in (7510P), main telephone number: (703) is hereby providing notice of receipt and agricultural or commercial settings via 305–7090, email address: opportunity to comment on these seed treatment, in-furrow application, [email protected]. The mailing applications. Notice of receipt of these chemigation, transplant water, or root address for each contact person is: applications does not imply a decision dip. Contact: BPPD. Office of Pesticide Programs, by the Agency on these applications. 5. File symbol: 91810–G. Docket ID Environmental Protection Agency, 1200 Notice of Receipt—New Active number: EPA–HQ–OPP–2021–0140. Pennsylvania Ave. NW, Washington, DC Ingredients Applicant: Lesaffre Yeast Corporation, 20460–0001. As part of the mailing 7475 West Main St., Milwaukee, WI address, include the contact person’s 1. File symbol: 524–AAG. Docket ID 53214. Product name: Julietta. Active name, division, and mail code. The number: EPA–HQ–OPP–2020–0547. ingredient: Bactericide and fungicide— division to contact is listed at the end Applicant: Bayer CropScience LP, 800 Saccharomyces cerevisiae strain LAS02 of each registration summary. N. Lindbergh Blvd., St. Louis, MO at 96.1%. Proposed use: For SUPPLEMENTARY INFORMATION: 63167. Product name: MON 95379. preventative use against pathogens of Active ingredients: Plant-incorporated I. General Information various plants (e.g., fruiting vegetables Protectant Insecticides—Bacillus and pome fruit) in agricultural settings A. Does this action apply to me? thuringiensis Cry1B.868 protein and the via foliar spray. Contact: BPPD. You may be potentially affected by genetic material (Vector PV– 6. File symbol: 91868–E. Docket ID this action if you are an agricultural ZMIR522223) necessary for its number: EPA–HQ–OPP–2021–0165. production in MON 95379 corn at Applicant: Biotalys NV, producer, food manufacturer, or ≤ 0.036% and Bacillus thuringiensis Technologiepark 94, 9052 Ghent, pesticide manufacturer. The following _ list of North American Industrial Cry1Da 7 protein and the genetic Belgium (c/o SciReg, Inc., 12733 Classification System (NAICS) codes is material (Vector PV–ZMIR522223) Director’s Loop, Woodbridge, VA necessary for its production in MON 22192). Product name: EVOCA. Active not intended to be exhaustive, but rather ≤ provides a guide to help readers 95379 corn at 0.01%. Proposed use: ingredient: Fungicide—ASFBIOF01–02 determine whether this document Plant-incorporated protectants to at 15.0%. Proposed use: Fungicide. applies to them. Potentially affected control lepidopteran pests in corn Contact: BPPD. entities may include: planted on a maximum total acreage of 7. File symbol: 91868–R. Docket ID • Crop production (NAICS code 111). 100 acres per growing season for number: EPA–HQ–OPP–2021–0165. • Animal production (NAICS code breeding operations across the states of Applicant: Biotalys NV, 112). Nebraska, Hawaii, and Iowa. Contact: Technologiepark 94, 9052 Ghent, • Food manufacturing (NAICS code BPPD. Belgium (c/o SciReg, Inc., 12733 311). 2. File symbol: 86431–GA. Docket ID Director’s Loop, Woodbridge, VA number: EPA–HQ–OPP–2020–0688. 22192). Product name: ASFBIOF01–02 B. What should I consider as I prepare Applicant: Advanced Biological AGROBODY. Active ingredient: my comments for EPA? Marketing, 375 Bonnewitz Ave., Van Fungicide—ASFBIOF01–02 at 2%. 1. Submitting CBI. Do not submit this Wert, OH 45891. Product name: ABM Proposed use: Technical grade active information to EPA through K5 oilLQ. Active ingredient: Fungicide ingredient. Contact: BPPD. regulations.gov or email. Clearly mark and Nematicide—Trichoderma 8. File symbol: 94387–R. Docket ID the part or all of the information that atroviride strain K5 NRRL B–50520 at number: EPA–HQ–OPP–2021–0071. you claim to be CBI. For CBI 0.68%. Proposed use: For control or Applicant: Lucebni Zavody Draslovka information in a disk or CD–ROM that suppression of plant diseases or A.S. Kolin c/o Mountain View you mail to EPA, mark the outside of the nematodes of various crops (e.g., Advisory, LLC, P.O. Box 1648, Estes disk or CD–ROM as CBI, and then oilseeds and legume vegetables) in Park, CO 80517. Product name: EDN. identify electronically within the disk or agricultural or commercial settings via Active ingredient: Preventive wood CD–ROM the specific information that seed treatment, in-furrow application, preservative—Ethanedintrile at 98.78%. VerDate Sep<11>2014 17:40 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15668 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices Proposed use: End use product for use standing are eligible for recognition. • Paint and Coating Manufacturing as preventive wood preservative Interested parties who would like to be (NAICS code 325510). treatment of freshly cut timber (lumber) considered for this award should submit • Adhesive Manufacturing (NAICS and logs under sealed air-tight to EPA information about their code 325520). conditions under tarpaulins or accomplishments and contributions • Soap and Other Detergent containers for the control of wood during 2020. There is no form Manufacturing (NAICS code 325611). colonizing and decaying fungi, fungal associated with this year’s application. • Polish and Other Sanitation Good rot, sapstain wood fungi, and certain EPA will recognize award winners at a Manufacturing (NAICS code 325612). wood-destroying insects and nematodes. Safer Choice Partner of the Year Awards • Surface Active Agent Contact: AD. ceremony in the fall of 2021. Manufacturing (Primary) (NAICS code 9. File symbol: 95699–R. Docket ID DATES: Submissions are due on or before 325613). number: EPA–HQ–OPP–2020–0480. May 31, 2021. • Toilet Preparation Manufacturing Applicant: NewLeaf Symbiotics, 1005 ADDRESSES: Please submit materials by (NAICS code 325620). North Warson Rd., Ste. 102, St. Louis, email to saferchoice_support@ • Photographic Film, Paper, Plate, MO 63132. Product name: TS601. abtassoc.com and copy rutsch.linda@ and Chemical Manufacturing (NAICS Active ingredient: Fungicide— epa.gov. The docket for this action, code 325992). Methylorubrum populi strain NLS0089 identified by docket information (ID) • All Other Miscellaneous Chemical at 2.0%. Proposed use: For suppression number EPA–HQ–OPPT–2019–0104 Product and Preparation Manufacturing of diseases of plants (e.g., cereal grains, (2021 Safer Choice Partner of the Year (NAICS code 325998). hemp, and hops) in agricultural or Awards Program), is available at http:// • Service Establishment Equipment commercial settings via foliar spray, soil www.regulations.gov. Candidates and Supplies Merchant Wholesalers treatment, or seed treatment. Contact: interested in learning more about the (Primary) (NAICS code 423850). BPPD. Partner of the Year Awards should refer • Other Chemical and Allied Authority: 7 U.S.C. 136 et seq. to the Safer Choice website at https:// Products Merchant Wholesalers (Primary) (NAICS code 424690). Dated: March 11, 2021. www.epa.gov/saferchoice/safer-choice- • Supermarkets and Other Grocery Delores Barber, partner-year-awards. Because of the public health concerns (except Convenience) Stores (Primary) Director, Information Technology and related to COVID–19, the EPA Docket (NAICS code 445110). Resources Management Division, Office of • All Other Specialty Food Stores Program Support. Center (EPA/DC) and Public Reading Room are closed to visitors with limited (NAICS code 445299). [FR Doc. 2021–06078 Filed 3–23–21; 8:45 am] exceptions. EPA provides customer • Pharmacies and Drug Stores (NAICS BILLING CODE 6560–50–P service for the Docket Center. The code 446110). telephone number for the Public • Office Supplies and Stationery Reading Room and Docket Center is Stores (NAICS code 453210). ENVIRONMENTAL PROTECTION • AGENCY (202) 566–1744. For the latest status All Other Miscellaneous Store information on EPA/DC services and Retailers (except Tobacco Stores) [EPA–HQ–OPPT–2019–0104; FRL–10020– docket access, visit https:// (Primary) (NAICS code 453998). 00] www.epa.gov/dockets. • Electronic Shopping and Mail- Order Houses (NAICS code 454110). Safer Choice Partner of the Year FOR FURTHER INFORMATION CONTACT: • Research and Development in Awards for 2021; Call for Submissions Linda Rutsch, Data Gathering and Analysis Division, Office of Pollution Biotechnology (except AGENCY: Environmental Protection Prevention and Toxics (7406M), Nanobiotechnology) (Primary) (NAICS Agency (EPA). Environmental Protection Agency, 1200 code 541714). • ACTION: Notice. Pennsylvania Ave. NW, Washington, DC Facilities Support Services (NAICS 20460–0001; telephone number: (202) code 561210). Janitorial Services SUMMARY: The Safer Choice program in 343–9924; email address: rutsch.linda@ (NAICS code 561720). the Environmental Protection Agency epa.gov. • Carpet and Upholstery Cleaning (EPA) is accepting submissions for its SUPPLEMENTARY INFORMATION: Services (NAICS code 561740). 2021 Safer Choice Partner of the Year • Elementary and Secondary Schools Awards. EPA developed the Partner of I. Does this action apply to me? (NAICS code 611110). the Year Awards to recognize the You may be affected by this action if • Colleges, Universities, and leadership contributions of Safer Choice you are a Safer Choice program partner Professional Schools (NAICS code partners and stakeholders who, over the or stakeholder. The following list of 611310). past year, have shown achievement in North American Industrial • Promoters of Performing Arts, the design, manufacture, selection, and Classification System (NAICS) codes is Sports, and Similar Events with use of products with safer chemicals, not intended to be exhaustive, but rather Facilities (NAICS code 711310). that further outstanding or innovative provides a guide to help readers • Drycleaning and Laundry Services source reduction. EPA especially determine whether this document (NAICS code 8123). encourages submission of award applies to them. Affected entities may • Civic and Social Organizations applications that show how the include: (Primary) (NAICS code 813410). applicant’s work in the design, • Other Basic Inorganic Chemical • Business Associations (Primary) manufacture, selection and use of those Manufacturing (NAICS code 325180). (NAICS code 813910). products promotes environmental • All Other Basic Organic Chemical • Other General Government Support justice, bolsters resilience to the impacts Manufacturing (Primary) (NAICS code (NAICS code 921190). of climate change, results in cleaner air 325199). • Administration of Air and Water or water, or improves drinking water • Pesticide and Other Agricultural Resource and Solid Waste Management quality. All Safer Choice stakeholders Chemical Manufacturing (NAICS code Programs (Primary) (NAICS code and program participants in good 325320). 924110). VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15669 II. Background FEDERAL COMMUNICATIONS whether the application filed by ANI for COMMISSION an FM translator construction permit As part of its environmental mission, (Application) should be granted. This the Safer Choice program partners with [DA 21–79; MB Docket No. 21–20, FRS revocation proceeding and designation 17583] businesses to help consumers and of the Application for hearing stems commercial buyers identify products Auburn Network, Inc., License from Hubbard’s multiple felony with safer chemical ingredients, without Revocation Proceeding for Radio convictions under the Alabama Code of sacrificing quality or performance. Stations in the Auburn, AL Market Ethics for Public Officials, Employees, Toward this end, the Safer Choice Etc. (Alabama’s Ethics Act), which raise program certifies products containing AGENCY: Federal Communications a substantial and material question of ingredients that have met the program’s Commission. fact as to Hubbard’s character specific and rigorous human health and ACTION: Notice. qualifications. ANI also seeks environmental toxicological criteria. assignment of the Stations’ licenses, and SUMMARY: This document commences a The Safer Choice program allows requests an exception of the hearing to determine whether, in light of companies to use its label on certified Commission’s Jefferson Radio policy recent felony convictions, the licensee prohibiting assignment or transfer of a products that contain safer ingredients of stations in the Auburn, AL market is and perform, as determined by expert license when character qualifications qualified to hold FCC authorizations, are pending against the licensee. evaluation. The Safer Choice program and consequently, whether licensee’s 2. A broadcast licensee’s certification represents a high level of current license authorizations should be authorization to use radio spectrum in achievement in formulating products revoked, whether the applications for the public interest carries with it the that are safer for people and the renewal of various licenses should be obligation that the station serves its environment. The purpose of the granted, and whether the application for community, providing programming Partner of the Year Awards is to an FM translator construction permit responsive to local needs and interests. recognize the leadership contributions should be granted. Broadcast licensees are also required to of Safer Choice partners and DATES: Persons desiring to participate as operate in compliance with the Act and stakeholders who, over the past year, parties in the hearing shall file a the Commission’s rules (Rules). have shown achievement in the design, petition for leave to intervene not later Pursuant to section 309(e) of the Act, 47 manufacture, selection, and use of than April 23, 2021. U.S.C. 309(e), the Commission is products with safer chemicals, that ADDRESSES: File documents with the required to designate an application for further outstanding or innovative source Office of the Secretary, Federal hearing if a substantial and material reduction. EPA especially encourages Communications Commission, 45 L St. question of fact is presented regarding submission of award applications that NE, Washington, DC 20554, with a copy whether grant of the application would show how the applicant’s work in the mailed to each party to the proceeding. serve the public interest, convenience, design, manufacture, selection and use Each document that is filed in this and necessity. In determining whether of those products promotes proceeding must display on the front an applicant is qualified to be a licensee, the Commission considers the environmental justice, bolsters page the docket number of this hearing, character of the applicant. Section resilience to the impacts of climate ‘‘MB Docket No. 21–20.’’ 312(a)(2) of the Act, 47 U.S.C. (312)(a)(2) change, results in cleaner air or water, FOR FURTHER INFORMATION CONTACT: provides that the Commission may or improves drinking water quality. Albert Shuldiner, Media Bureau, (202) revoke any license if conditions present 418–2721. III. How can I participate? would warrant refusal to grant a license SUPPLEMENTARY INFORMATION: This is a or permit. Because the Commission To be considered for a Partner of the summary of the Hearing Designation considers character qualifications in its Year Award, candidates should notify Order (Order), MB Docket No. 21–20, review of applications, a character the Safer Choice program of their DA 21–79, adopted February 10, 2021, defect that would warrant the interest. They should submit supporting and released February 11, 2021. The full Commission’s refusal to grant a license information on their accomplishments text of the Order is available online by in the original application would and contributions focusing on calendar using the search function for MB Docket likewise support a Commission year 2020. There is no form associated No. 21–20 on the Commission’s ECFS determination to revoke a license or with this year’s application. Candidates web page at www.fcc.gov/ecfs. permit. 3. Non-FCC misconduct may raise interested in learning more about the Summary of the Hearing Designation substantial and material questions of Partner of the Year Awards should refer Order fact concerning the licensee’s character. to the Safer Choice website: https:// 1. The Order commences a hearing The Commission considers evidence of www.epa.gov/saferchoice/safer-choice- proceeding before the Commission to felony convictions because felonies are partner-year-awards. determine whether multiple felony serious crimes and conviction indicates Authority: 42 U.S.C. 13103(b)(13) and 15 convictions render licensee, Michael G. an applicant’s propensity to obey laws U.S.C. 2609. Hubbard (Hubbard), unqualified to hold and conform to provisions of the Act, FCC authorizations, and consequently, Dated: March 18, 2021. Rules, and Commission policies. whether license authorizations should Hubbard has been convicted of six Michal Freedhoff, be revoked under sections 312(a)(2) and felonies, raising a material and Acting Assistant Administrator, Office of 312(c) of the Communications Act of substantial question of fact as to Chemical Safety and Pollution Prevention. 1934 (Act), 47 U.S.C. 312(a)(2) and whether he, and by extension, ANI, [FR Doc. 2021–06058 Filed 3–23–21; 8:45 am] 312(c) for stations WANI(AM), Opelika, possess the character qualifications to BILLING CODE 6560–50–P AL, WGZZ(FM), Waverly, AL, W242AX, operate the Stations in the public Auburn, AL, W254AY, Auburn, AL, interest, or to hold any other W294AR, Auburn, AL (Stations). The Commission authorization. Therefore, a hearing proceeding will also determine hearing is required to ascertain whether VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15670 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices ANI and Hubbard possess requisite order is requested. Under section 1.246 to Show Cause and Notice of character qualifications of a of the Rules, 47 CFR 1.246, any party Opportunity for Hearing, a written Commission licensee, whether ANI’s may serve written requests for appearance stating its intention to Commission authorizations should be admission of the genuineness of appear at the hearing and present revoked, and whether the Application relevant documents or truth of relevant evidence on the issues specified above. should be granted. matters of fact. During the initial status 10. It is further ordered, pursuant to 4. To prevent licensees from evading conference the presiding officer will set section 1.221(c) of the Commission’s consequences of wrongdoing by selling deadlines for: Motions, discovery, if Rules, that if Auburn Network, Inc. or station licenses, Jefferson Radio applicable, the parties’ affirmative case, Michael G. Hubbard fails to file a prohibits the assignment of a license responsive case, reply case, and written appearance within the time when character qualification issues lie protective order, if requested, pursuant specified above, or has not filed prior to pending against the assignor. There is to 47 CFR 1.294, 1.248(b), and 1.371– the expiration of that time a petition to no compelling public interest that 1.377. In accordance with section 1.248 dismiss without prejudice, or a petition would warrant the Commission’s of the Rules, 47 CFR 1.248, and unless to accept, for good cause shown, such exemption of ANI from Jefferson Radio. the parties agree otherwise, an official written appearance beyond expiration of ANI likewise has not demonstrated a transcript of all case conferences will be said 20 days, the Administrative Law compelling public interest consideration made. The Commission also amended Judge shall expeditiously dismiss the that would warrant grant of an equitable section 1.351 of the Rules, 47 CFR captioned applications with prejudice exception to Jefferson Radio. Hubbard’s 1.351, to adopt the evidentiary standard for failure to prosecute. six felony convictions present a set forth in the formal APA hearing 11. It is further ordered, pursuant to substantial and material question as to requirements which states that oral or sections 1.92(c) of the Commission’s whether Hubbard and ANI have the documentary evidence may be adduced, Rules, that if Auburn Network, Inc. and/ requisite character qualifications to hold but the presiding officer shall exclude or Michael G. Hubbard, fails to file a a broadcast license, therefore, the irrelevant, immaterial, or unduly written appearance within the time Jefferson Radio policy will apply to the repetitious evidence. Persons or entities specified above, or has not filed prior to pending assignment application. seeking status as a party in interest in the expiration of that time a petition to 5. Section 309(e), 47 U.S.C. 309(e), this proceeding must file a petition to dismiss without prejudice, or a petition requires a ‘‘full hearing in which the intervene in accordance with 47 CFR to accept, for good cause shown, such applicant and all other parties in 1.223(a). Anyone else seeking to written appearance beyond expiration of interest shall be permitted to participate in the hearing as a party may said 20 days, the right to a hearing shall participate.’’ The Commission and file a petition for leave to intervene in be deemed waived. Where a hearing is courts have held that the hearing need accordance with 47 CFR 1.223(b). waived, the Administrative Law Judge not be a trial-type evidentiary hearing 8. Accordingly, it is ordered, that shall issue an order terminating the meeting the standards of sections 554 pursuant to sections 309(e), 312(a), hearing proceeding and certifying the and 556 of the Administrative 312(c), and 319 of the Act, of the case to the Commission. Procedure Act, 5 U.S.C. 554, 556. The Communications Act of 1934, as 12. It is further ordered that the Chief, Commission has repeatedly observed amended, the captioned authorizations Enforcement Bureau, is made a party to that trial-type hearings impose and application are designated for a this proceeding without the need to file significant burdens and delays, both on hearing in a consolidated proceeding a written appearance. applicants and the agency. before the FCC Administrative Law 13. It is further ordered that, in 6. Based on the information before us, Judge, at a time and place to be accordance with section 312(d) of the we believe this matter can be adequately specified in a subsequent order, upon Communications Act of 1934, as resolved on a written record, or a the following issues: (a) To determine amended, and section 1.91(d) of the ‘‘paper’’ hearing. The Commission the effects, if any, of Michael G. Commission’s Rules, the burden of recently supplemented its formal Hubbard’s felony convictions on his proceeding with the introduction of hearing process to expand, in qualifications and thus the evidence and the burden of proof with appropriate cases, procedures for qualifications of Auburn Network, Inc. respect to the issues at paragraph 31 (a)– hearings based on written submissions to be a Commission licensee. (b) To (c) shall be upon the Commission’s and documentary evidence. The determine whether Michael G. Hubbard Enforcement Bureau. presiding officer will issue an initial and thus Auburn Network, Inc. is 14. It is further ordered that, in decision based on the record and qualified to be a Commission licensee; accordance with section 309(e) of the pursuant to sections 312(a) and 312(d) (c) To determine whether Auburn Communications Act of 1934, as of the Act, 47 U.S.C. 312(a), 312(d), and Network, Inc.’s Commission amended, and section 1.254 of the sections 1.267 and 1.274(c) of the Rules, authorizations should be revoked; and Commission’s Rules, the burden of 47 CFR 1.267 and 1.274(c). (d) To determine whether the captioned proceeding with the introduction of 7. The initial case order shall inform application for original construction evidence and the burden of proof with the parties to file notices of appearance permit for a new FM translator station respect to the issue at paragraph 31(d) pursuant to section 1.91(c) of the Rules, at Auburn, Alabama should be granted, of the Order shall be upon Auburn 47 CFR 1.91(c), and shall place parties denied, or dismissed. Network, Inc. and Michael G. Hubbard,. on notice that they must be cognizant of 9. It is further ordered that pursuant 15. It is further ordered that a copy of Part I of the Rules, 47 CFR part 1, to sections 1.91(c) and 1.221(c) of the each document filed in this proceeding supbarts A and B. The initial case order Commission’s Rules, in order to avail subsequent to the date of adoption of will also set the date for a status itself of the opportunity to be heard and this Hearing Designation Order, Order to conference and will establish a deadline the right to present evidence at a Show Cause and Notice of Opportunity for each party’s submission indicating: hearing in these proceedings, Auburn for Hearing shall be served on the (a) Whether discovery is expected and a Network, Inc. and/or Michael G. counsel of record appearing on behalf of proposed discovery schedule; (b) Hubbard, in person or by an attorney, the Chief, Enforcement Bureau. Parties preliminary motions; (c) proposed case shall file within 20 days of the release may inquire as to the identity of such schedule; and whether a protective of this Hearing Designation Order, Order counsel by calling the Investigations & VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15671 Hearings Division of the Enforcement Parties: Neptune Pacific Direct Line and Injury Prevention and Control Bureau at (202) 418–1420. Such service Pte. Ltd. and Pacific Forum Line Special Emphasis Panel (SEP)—RFA– copy shall be addressed to the named (Group) Limited. IP–21–001, Promoting the Importance of counsel of record, Investigations & Filing Party: David Monroe; GKG Law. Infant and Childhood Vaccination Hearings Division, Enforcement Bureau, Synopsis: The amendment updates Among Pregnant Women by Prenatal Federal Communications Commission, the commencement date of the slot Care Providers; and RFA–IP–21–002, US 45 L Street NE, Washington, DC 20554. charter arrangement. Enhanced Surveillance Network to 16. It is further ordered that the Proposed Effective Date: 3/17/2021. Assess Burden, Natural History, and parties to the captioned applications Location: https://www2.fmc.gov/ Effectiveness of Vaccines to Prevent shall, pursuant to section 311(a)(2) of FMC.Agreements.Web/Public/ Enteric and Respiratory Viruses in the Communications Act of 1934, as AgreementHistory/39509. Children; April 13–14, 2021, 10 a.m.–5 amended, and section 73.3594 of the Agreement No.: 201356–001. p.m., EDT, Teleconference, Centers for Commission’s Rules, give notice of the Agreement Name: PFLG/NPDL Slot Disease Control and Prevention, Room hearing within the time and in the Charter Agreement. 1080, 8 Corporate Square Boulevard, manner prescribed in such Rule, and Parties: Neptune Pacific Direct Line shall advise the Commission of the Atlanta, Georgia 30329–4027. The Pte. Ltd. and Pacific Forum Line satisfaction of such requirements as meeting was published in the Federal (Group) Limited. mandated by section 73.3594 of the Register on January 11, 2021, Volume Commission’s Rules. Filing Party: David Monroe; GKG Law. 86, Number 6, page 1976. 17. It is further ordered that copies of Synopsis: The amendment updates The meeting is being amended to the commencement date of the slot this Hearing Designation Order, Order to change the title and meeting date of the charter arrangement. Show Cause and Notice of Opportunity special emphasis panel from RFA–IP– Proposed Effective Date: 3/17/2021. for Hearing shall be sent via Certified 21–001, Promoting the Importance of Location: https://www2.fmc.gov/ Mail, Return Receipt Requested, and by Infant and Childhood Vaccination FMC.Agreements.Web/Public/ regular first-class mail to Michael G. Among Pregnant Women by Prenatal AgreementHistory/39510. Hubbard, Auburn Network, Inc., P.O. Care Providers; and RFA–IP–21–002, US Box 950, Auburn, AL 36831, and M. Agreement No.: 201358–001. Enhanced Surveillance Network to Scott Johnson, 5028 Wisconsin Avenue Agreement Name: NPDL/ANLS Slot Assess Burden, Natural History, and NW, Suite 301, Washington, DC 20016. Charter Agreement. Effectiveness of Vaccines to Prevent 18. It is further ordered that the Parties: Neptune Pacific Direct Line Enteric and Respiratory Viruses in Secretary of the Commission shall cause Pte. Ltd. and ANL Singapore Pte Ltd. Children; April 13–14, 2021, 10 a.m.–5 to have this Hearing Designation Order, Filing Party: David Monroe; GKG Law. p.m., EDT to RFA–IP–21–001, Order to Show Cause and Notice of Synopsis: The amendment updates Opportunity for Hearing or a summary Promoting the Importance of Infant and the commencement date of the slot Childhood Vaccination Among Pregnant thereof published in the Federal charter arrangement. Register. Women by Prenatal Care Providers; and Proposed Effective Date: 3/17/2021. RFA–IP–21–003, Collaborative Research Federal Communications Commission. Location: https://www2.fmc.gov/ on Influenza, Coronavirus Disease 2019 FMC.Agreements.Web/Public/ Thomas Horan, (COVID–19), and Other Respiratory AgreementHistory/40502. Chief of Staff, Media Bureau. Pathogens in South Africa; May 13, [FR Doc. 2021–05983 Filed 3–23–21; 8:45 am] Dated: March 19, 2021. 2021, 10 a.m.–5 p.m., EDT. The meeting BILLING CODE 6712–01–P Rachel E. Dickon, is closed to the public. Secretary. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–06098 Filed 3–23–21; 8:45 am] Gregory Anderson, M.S., M.P.H., FEDERAL MARITIME COMMISSION Billing Code 3760–02 Scientific Review Officer, CDC, 1600 Notice of Agreements Filed Clifton Road NE, Mailstop US8–1, Atlanta, Georgia 30329–4027, (404) 718– The Commission hereby gives notice DEPARTMENT OF HEALTH AND 8833, [email protected]. of the filing of the following agreements HUMAN SERVICES under the Shipping Act of 1984. The Director, Strategic Business Interested parties may submit Centers for Disease Control and Initiatives Unit, Office of the Chief comments, relevant information, or Prevention Operating Officer, Centers for Disease documents regarding the agreements to Control and Prevention, has been Disease, Disability, and Injury the Secretary by email at Secretary@ delegated the authority to sign Federal Prevention and Control Special fmc.gov, or by mail, Federal Maritime Register notices pertaining to Emphasis Panel (SEP)—RFA–IP–21– Commission, Washington, DC 20573. announcements of meetings and other 001, Promoting the Importance of Comments will be most helpful to the committee management activities, for Infant and Childhood Vaccination Commission if received within 12 days both the Centers for Disease Control and Among Pregnant Women by Prenatal of the date this notice appears in the Care Providers; and RFA–IP–21–002, Prevention and the Agency for Toxic Federal Register. Copies of agreements US Enhanced Surveillance Network to Substances and Disease Registry. are available through the Commission’s Assess Burden, Natural History, and website (www.fmc.gov) or by contacting Kalwant Smagh, Effectiveness of Vaccines To Prevent the Office of Agreements at (202) 523– Director, Strategic Business Initiatives Unit, Enteric and Respiratory Viruses in 5793 or [email protected]. Office of the Chief Operating Officer, Centers Children; Amended Notice of Meeting Agreement No.: 201355–001. for Disease Control and Prevention. Agreement Name: NPDL/PFLG Slot Notice is hereby given of a change in [FR Doc. 2021–06006 Filed 3–23–21; 8:45 am] Charter Agreement. the meeting of the Disease, Disability, BILLING CODE 4163–18–P VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15672 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES Centers for Disease Control and Centers for Disease Control and Administration for Children and Prevention Prevention Families Disease, Disability, and Injury Disease, Disability, and Injury Submission for OMB Review; Child Prevention and Control Special Prevention and Control Special Care and Development Fund (CCDF) Emphasis Panel (SEP)—DP21–003, Emphasis Panel (SEP)—RFA–IP–21– ACF–696 Financial Report (OMB 003, Collaborative Research on #0970–0163) Reducing Inequities in Cancer Influenza, Coronavirus Disease 2019 Outcomes Through Community-Based AGENCY: (COVID–19), and Other Respiratory Office of Child Care, Interventions on Social Determinants Pathogens in South Africa; Amended Administration for Children and of Health; Amended Notice of Meeting Notice of Meeting Families, HHS. ACTION: Request for public comment. Notice is hereby given of a change in Notice is hereby given of a change in the meeting of the Disease, Disability, the meeting of the Disease, Disability, SUMMARY: The Administration for and Injury Prevention and Control and Injury Prevention and Control Children and Families (ACF) is Special Emphasis Panel (SEP)—DP21– Special Emphasis Panel (SEP)—RFA– requesting a 3-year extension of the 003, Reducing Inequities in Cancer IP–21–003, Collaborative Research on form ACF–696: Child Care and Development Fund (CCDF) Quarterly Outcomes through Community-Based Influenza, Coronavirus Disease 2019 Financial Report. This form is currently Interventions on Social Determinants of (COVID–19), and Other Respiratory Pathogens in South Africa; May 13, approved under the ACF Generic Health; April 6–8, 2021, 10 a.m.–6 p.m., Clearance for Financial Reports (OMB EST, in the original FRN. 2021, 10 a.m.–5 p.m., EDT, Teleconference, Centers for Disease #0970–0510; expiration May 31, 2021), The teleconference meeting was Control and Prevention, Room 1080, 8 and ACF is proposing to reinstate the published in the Federal Register on Corporate Square Boulevard, Atlanta, previous OMB number under which this January 14, 2021, Volume 86, Number 9, Georgia 30329–4027. The meeting was form had been approved. There are no pages 3157–3158. published in the Federal Register on changes requested to the form. The meeting date, time, and contact January 11, 2021, Volume 86, Number 6, DATES: Comments due within 30 days of information should read as follows: pages 1976–1977. publication. OMB must make a decision The meeting is being amended to about the collection of information Date: April 6, 2021 change the title and meeting dates of the between 30 and 60 days after Time: 10 a.m.–6 p.m., EDT special emphasis panel from RFA–IP– publication of this document in the 21–003, Collaborative Research on Federal Register. Therefore, a comment The meeting is closed to the public. Influenza, Coronavirus Disease 2019 is best assured of having its full effect FOR FURTHER INFORMATION CONTACT: Jaya (COVID–19), and Other Respiratory if OMB receives it within 30 days of Raman, Ph.D., Scientific Review Officer, Pathogens in South Africa; May 13, publication. 2021, 10 a.m.–5 p.m., EDT to RFA–IP– National Center for Chronic Disease ADDRESSES: Written comments and 21–002, US Enhanced Surveillance Prevention and Health Promotion, CDC, recommendations for the proposed Network to Assess Burden, Natural 4770 Buford Highway NE, Mailstop information collection should be sent History, and Effectiveness of Vaccines to within 30 days of publication of this S107–8, Atlanta, Georgia 30341, Prevent Enteric and Respiratory Viruses notice to www.reginfo.gov/public/do/ telephone (770) 488–6511; JRaman@ in Children; May 4–5, 2021, 10 a.m.–5 PRAMain. Find this particular cdc.gov. p.m., EDT. The meeting is closed to the information collection by selecting The Director, Strategic Business public. ‘‘Currently under 30-day Review—Open Initiatives Unit, Office of the Chief FOR FURTHER INFORMATION CONTACT: for Public Comments’’ or by using the Operating Officer, Centers for Disease Gregory Anderson, M.S., M.P.H., search function. Control and Prevention, has been Scientific Review Officer, CDC, 1600 SUPPLEMENTARY INFORMATION: Clifton Road NE, Mailstop US8–1, delegated the authority to sign Federal Description: The ACF-696 Financial Atlanta, Georgia 30329–4027, (404) 718– Register notices pertaining to Report along with the instructions for announcements of meetings and other 8833, [email protected]. The Director, Strategic Business completion of Form ACF–696, Financial committee management activities, for Reporting Form for CCDF are being both the Centers for Disease Control and Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease submitted for renewal with no changes. Prevention and the Agency for Toxic The form collects CCDF financial Substances and Disease Registry. Control and Prevention, has been delegated the authority to sign Federal expenditures data for the 50 States, the Kalwant Smagh, Register notices pertaining to District of Columbia, and five U.S. announcements of meetings and other Territories that receive CCDF funding Director, Strategic Business Initiatives Unit, (American Samoa, Commonwealth of Office of the Chief Operating Officer, Centers committee management activities, for Northern Mariana Islands, Guam, Puerto for Disease Control and Prevention. both the Centers for Disease Control and Rico, and Virgin Islands). This report [FR Doc. 2021–06008 Filed 3–23–21; 8:45 am] Prevention and the Agency for Toxic Substances and Disease Registry. form is submitted quarterly by the BILLING CODE 4163–18–P referenced CCDF grant recipients. The Kalwant Smagh, form collects expenditures data for all Director, Strategic Business Initiatives Unit, respondents that receive CCDF funding. Office of the Chief Operating Officer, Centers Respondents: The 50 States, the for Disease Control and Prevention. District of Columbia, and five U.S. [FR Doc. 2021–06007 Filed 3–23–21; 8:45 am] Territories that receive CCDF funding BILLING CODE 4163–18–P (American Samoa, Commonwealth of VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15673 Northern Mariana Islands, Guam, Puerto Rico, and Virgin Islands). ANNUAL BURDEN ESTIMATES Annual Average Annual number of burden Annual Instrument number of responses per hours burden respondents respondent per response hours Child Care and Development Fund ACF–696 Financial Report ...... 56 4 5 1120 Estimated Total Annual Burden SUMMARY: The Administration for within 30 days of publication of this Hours: 1120. Children and Families (ACF) is notice to www.reginfo.gov/public/do/ Authority: Section 658G(d), Pub. L. 113– requesting a 3-year extension of the PRAMain. Find this particular 186, 128 Stat. 1971. form ACF–696T: Child Care and information collection by selecting Development Fund Annual Financial ‘‘Currently under 30-day Review—Open Mary B. Jones, Report. This form is currently approved for Public Comments’’ or by using the ACF/OPRE Certifying Officer. under the ACF Generic Clearance for search function. [FR Doc. 2021–05991 Filed 3–23–21; 8:45 am] Financial Reports (OMB #0970–0510; SUPPLEMENTARY INFORMATION: BILLING CODE 4184–43–P expiration May 31, 2021), and ACF is Description: The ACF–696T Financial proposing to reinstate the previous OMB Report along with the instruction for number under which this form had been completion of Form ACF–696T DEPARTMENT OF HEALTH AND approved. There are no changes Financial Reporting Form for the Child HUMAN SERVICES requested to the form. Care and Development Fund (CCDF) are Administration for Children and DATES: Comments due within 30 days of being submitted for renewal with no Families publication. OMB must make a decision changes under a previous OMB number. about the collection of information The form collects CCDF financial Submission for OMB Review; Child between 30 and 60 days after expenditures data for the 221 Tribal Care and Development Fund (CCDF) publication of this document in the Lead Agencies that receive CCDF ACF–696T Financial Report (OMB Federal Register. Therefore, a comment funding. This report form is submitted #0970–0195) is best assured of having its full effect annually by the referenced CCDF grant if OMB receives it within 30 days of recipients. The form collects AGENCY: Office of Child Care, publication. expenditures data for all respondents Administration for Children and that receive CCDF funding. Families, HHS. ADDRESSES: Written comments and recommendations for the proposed Respondents: The 221 Tribal Lead ACTION: Request for public comment. information collection should be sent Agencies that receive CCDF funding. ANNUAL BURDEN ESTIMATES Annual Annual number of Annual burden Annual Instrument number of responses per hours burden respondents respondent per response hours Child Care and Development Fund ACF–696T Financial Report ...... 221 1 5 1105 Estimated Total Annual Burden DEPARTMENT OF HEALTH AND products that outsourcing facilities Hours: 1105. HUMAN SERVICES compound using bulk drug substances on the 503B Bulks List can qualify for Authority: Section 658G(d), Pub. L. 113– Food and Drug Administration 186, 128 Stat. 1971. certain exemptions from the Federal [Docket No. FDA–2018–N–3240] Food, Drug, and Cosmetic Act (FD&C Mary B. Jones, Act) provided certain conditions are ACF/OPRE Certifying Officer. List of Bulk Drug Substances for met. This notice identifies one bulk [FR Doc. 2021–05992 Filed 3–23–21; 8:45 am] Which There Is a Clinical Need Under drug substance that FDA has considered the Federal Food, Drug, and Cosmetic BILLING CODE 4184–43–P and proposes to include on the 503B Act Bulks List: Quinacrine hydrochloride AGENCY: Food and Drug Administration, (‘‘quinacrine’’). This notice identifies HHS. four bulk drug substances that FDA has considered and proposes not to include ACTION: Notice. on the list: Bromfenac sodium, SUMMARY: The Food and Drug mitomycin-C, nepafenac, and Administration (FDA or Agency) is hydroxychloroquine sulfate. Additional developing a list of bulk drug bulk drug substances nominated by the substances (active pharmaceutical public for inclusion on this list are ingredients) for which there is a clinical currently under consideration and may need (the 503B Bulks List). Drug be the subject of future notices. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15674 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices DATES: Submit either electronic or Substances for Which There is a Clinical I. Background written comments on the notice by May Need Under Section 503B of the Federal Section 503B of the FD&C Act (21 24, 2021. Food, Drug, and Cosmetic Act.’’ U.S.C. 353b) describes the conditions ADDRESSES: You may submit comments Received comments, those filed in a that must be satisfied for drug products as follows. Please note that late, timely manner (see ADDRESSES), will be compounded by an outsourcing facility untimely filed comments will not be placed in the docket and, except for to be exempt from section 505 (21 considered. Electronic comments must those submitted as ‘‘Confidential U.S.C. 355) (concerning the approval of be submitted on or before May 24, 2021. Submissions,’’ publicly viewable at drugs under new drug applications The https://www.regulations.gov https://www.regulations.gov or at the (NDAs) or abbreviated new drug electronic filing system will accept Dockets Management Staff between 9 applications (ANDAs)), section 502(f)(1) comments until 11:59 p.m. Eastern Time a.m. and 4 p.m., Monday through (21 U.S.C. 352(f)(1)) (concerning the at the end of May 24, 2021. Comments Friday, 240–402–7500. labeling of drugs with adequate received by mail/hand delivery/courier • Confidential Submissions—To directions for use), and section 582 of (for written/paper submissions) will be submit a comment with confidential the FD&C Act (21 U.S.C. 360eee–1) considered timely if they are information that you do not wish to be (concerning drug supply chain security postmarked or the delivery service made publicly available, submit your requirements).1 acceptance receipt is on or before that comments only as a written/paper Drug products compounded that meet date. submission. You should submit two the conditions in section 503B are not Electronic Submissions copies total. One copy will include the exempt from current good information you claim to be confidential manufacturing practice (CGMP) Submit electronic comments in the with a heading or cover note that states requirements in section 501(a)(2)(B) of following way: 2 • ‘‘THIS DOCUMENT CONTAINS the FD&C Act (21 U.S.C. 351(a)(2)(B)). Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The Outsourcing facilities are also subject to https://www.regulations.gov. Follow the Agency will review this copy, including FDA inspections according to a risk- instructions for submitting comments. the claimed confidential information, in based schedule, specific adverse event Comments submitted electronically, its consideration of comments. The reporting requirements, and other including attachments, to https:// second copy, which will have the conditions that help to mitigate the risks www.regulations.gov will be posted to claimed confidential information of the drug products they compound.3 the docket unchanged. Because your redacted/blacked out, will be available Outsourcing facilities may or may not comment will be made public, you are for public viewing and posted on obtain prescriptions for identified solely responsible for ensuring that your https://www.regulations.gov. Submit individual patients and can, therefore, comment does not include any both copies to the Dockets Management distribute compounded drugs to confidential information that you or a Staff. If you do not wish your name and healthcare practitioners for ‘‘office third party may not wish to be posted, contact information to be made publicly stock,’’ to hold in their offices in such as medical information, your or available, you can provide this advance of patient need.4 anyone else’s Social Security number, or information on the cover sheet and not One of the conditions that must be confidential business information, such in the body of your comments and you met for a drug product compounded by as a manufacturing process. Please note must identify this information as an outsourcing facility to qualify for that if you include your name, contact ‘‘confidential.’’ Any information marked exemptions under section 503B of the information, or other information that as ‘‘confidential’’ will not be disclosed FD&C Act is that the outsourcing facility identifies you in the body of your except in accordance with 21 CFR 10.20 may not compound a drug using a bulk comments, that information will be and other applicable disclosure law. For drug substance unless: (1) The bulk drug posted on https://www.regulations.gov. more information about FDA’s posting substance appears on a list established • If you want to submit a comment of comments to public dockets, see 80 by the Secretary of Health and Human with confidential information that you FR 56469, September 18, 2015, or access Services identifying bulk drug do not wish to be made available to the the information at: https:// substances for which there is a clinical public, submit the comment as a www.govinfo.gov/content/pkg/FR-2015- need (the 503B Bulks List) or (2) the written/paper submission and in the 09-18/pdf/2015-23389.pdf. drug compounded from such bulk drug manner detailed (see ‘‘Written/Paper substances appears on the drug shortage Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to list in effect under section 506E of the read background documents or the Written/Paper Submissions FD&C Act (21 U.S.C. 356e) at the time electronic and written/paper comments of compounding, distribution, and Submit written/paper submissions as received, go to https:// dispensing.5 follows: www.regulations.gov and insert the Section 503B of the FD&C Act directs • Mail/Hand Delivery/Courier (for docket number, found in brackets in the FDA to establish the 503B Bulks List by: written/paper submissions): Dockets heading of this document, into the (1) Publishing a notice in the Federal Management Staff (HFA–305), Food and ‘‘Search’’ box and follow the prompts Register proposing bulk drug substances Drug Administration, 5630 Fishers and/or go to the Dockets Management to be included on the list, including the Lane, Rm. 1061, Rockville, MD 20852. Staff, 5630 Fishers Lane, Rm. 1061, rationale for such proposal; (2) • For written/paper comments Rockville, MD 20852, 240–402–7500. providing a period of not less than 60 submitted to the Dockets Management FOR FURTHER INFORMATION CONTACT: Staff, FDA will post your comment, as Elizabeth Hankla, Center for Drug 1 Section 503B(a) of the FD&C Act. well as any attachments, except for Evaluation and Research, Food and 2 Compare section 503A(a) of the FD&C Act (21 information submitted, marked and Drug Administration, 10903 New U.S.C. 353a(a); exempting drugs compounded in identified, as confidential, if submitted accordance with that section) with section 503B(a) Hampshire Ave., Bldg. 51, Rm. 5216, of the FD&C Act (not providing the exemption from as detailed in ‘‘Instructions.’’ Silver Spring, MD 20993, 240–402– CGMP requirements). Instructions: All submissions received 3 3359. Section 503B(b)(4) and (5) of the FD&C Act. must include the Docket No. FDA– 4 Section 503B(d)(4)(C) of the FD&C Act. 2018–N–3240 for ‘‘List of Bulk Drug SUPPLEMENTARY INFORMATION: 5 Section 503B(a)(2)(A) of the FD&C Act. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15675 calendar days for comment on the information on what FDA needs to information submitted by the nominator notice; and (3) publishing a notice in the evaluate nominations for the list. On and any other information considered Federal Register designating bulk drug October 27, 2015 (80 FR 65770), the by the Agency, FDA will not place a substances for inclusion on the list.6 Agency opened a new docket, FDA– bulk drug substance on the 503B Bulks FDA has published a series of Federal 2015–N–3469, to provide an List. Register notices addressing bulk drug opportunity for interested persons to FDA is evaluating bulk drug substances nominated for inclusion on submit new nominations of bulk drug substances nominated for the 503B the 503B Bulks List.7 This notice substances or to renominate substances Bulks List on a rolling basis. FDA identifies one bulk drug substance that with sufficient information. intends to evaluate and publish in the FDA has considered and proposes to As FDA evaluates bulk drug Federal Register its proposed and final include on the 503B Bulks List and four substances, it intends to publish notices determinations in groups of bulk drug bulk drug substances that FDA has for public comment in the Federal substances until all nominated considered and proposes not to include Register that describe the FDA’s substances that were sufficiently on the 503B Bulks List. proposed position on each substance supported have been evaluated and For purposes of section 503B of the along with the rationale for that either placed on the 503B Bulks List or FD&C Act, bulk drug substance means position.11 After considering any identified as bulk drug substances that an active pharmaceutical ingredient as comments on FDA’s proposals regarding were considered but determined not to defined in 21 CFR 207.1.8 Active whether to include nominated be appropriate for inclusion on the 503B pharmaceutical ingredient means any substances on the 503B Bulks List, FDA Bulks List (Ref. 1).13 intends to consider whether input from substance that is intended for B. Analysis of Substances Nominated the Pharmacy Compounding Advisory incorporation into a finished drug for the List product and is intended to furnish Committee (PCAC) on the nominations pharmacological activity or other direct would be helpful to the Agency in As noted above, the 503B Bulks List effect in the diagnosis, cure, mitigation, making its determination, and if so, it will include bulk drug substances for treatment, or prevention of disease, or to will seek PCAC input.12 Depending on which there is a clinical need. The affect the structure or any function of its review of the docket comments and Agency is currently evaluating bulk the body, but the term does not include other relevant information before the drug substances that were nominated for intermediates used in the synthesis of Agency, FDA may finalize its proposed inclusion on the 503B Bulks List, the substance.910 determination without change, or it may proceeding case by case, under the For further information about drug finalize a modification to its proposal to clinical need standard provided by the 14 compounding and the background for reflect new evidence or analysis statute (Ref. 2). In applying this the 503B Bulks List, see 83 FR 43877 regarding clinical need. FDA will then standard to develop the proposals in (August 28, 2018). publish in the Federal Register a list this notice, FDA is interpreting the identifying the bulk drug substances for phrase ‘‘bulk drug substances for which II. Methodology for Developing the which it has determined there is a there is a clinical need’’ to mean that the 503B Bulks List clinical need and FDA’s rationale in 503B Bulks List may include a bulk A. Process for Developing the List making that final determination. FDA drug substance if: (1) There is a clinical will also publish in the Federal Register need for an outsourcing facility to FDA requested nominations for a list of those substances it considered compound the drug product and (2) the specific bulk drug substances for the but found that there is no clinical need drug product must be compounded Agency to consider for inclusion on the to use in compounding and FDA’s using the bulk drug substance. FDA is 503B Bulks List in the Federal Register rationale in making this decision. not interpreting supply issues, such as of December 4, 2013 (78 FR 72838). FDA FDA intends to maintain a list of all backorders, to be within the meaning of reopened the nomination process in the bulk drug substances it has evaluated on ‘‘clinical need’’ for compounding with a Federal Register of July 2, 2014 (79 FR its website, and separately identify bulk bulk drug substance. Section 503B 37747), and provided more detailed drug substances it has placed on the separately provides for compounding 503B Bulks List and those it has decided from bulk drug substances under the 6 Section 503B(a)(2)(A)(i)(I) to (III) of the FD&C exemptions from the FD&C Act Act. not to place on the 503B Bulks List. This 7 See Federal Register of August 28, 2018 (83 FR list is available at https://www.fda.gov/ 13 43877), March 4, 2019 (84 FR 7383), September 3, media/120692/download. FDA will only On January 13, 2017, FDA announced the 2019 (84 FR 46014), and July 31, 2020 (85 FR place a bulk drug substance on the 503B availability of a revised final guidance for industry that provides additional information regarding 46126). The comment period for the July 2020 Bulks List where it has determined there notice was reopened for 30 days on January 8, 2021 FDA’s policies for bulk drug substances nominated (86 FR 1515), to allow interested parties an is a clinical need for outsourcing for the 503B Bulks List pending our review of nominated substances under the ‘‘clinical need’’ additional opportunity to comment. FDA has not facilities to compound drug products standard entitled Interim Policy on Compounding yet reached a final determination on whether the using the bulk drug substance. If a Using Bulk Drug Substances Under Section 503B of substances evaluated in the September 2019 or July clinical need to compound drug the Federal Food, Drug, and Cosmetic Act’’ 2020 notice will be added to the 503B Bulks List. products using the bulk drug substance (‘‘Interim Policy’’); available at https:// In addition, bumetanide, which was considered in www.fda.gov/media/94402/download. the August 2018 notice remains under has not been demonstrated, based on the 14 On March 4, 2019, FDA announced the consideration by the Agency. availability of a final guidance entitled ‘‘Evaluation 8 21 CFR 207.3. 11 This is consistent with procedure set forth in of Bulk Drug Substances Nominated for Use in 9 Section 503B(a)(2) of the FD&C Act and 21 CFR section 503B(a)(2)(A)(i) of the FD&C Act. Although Compounding Under Section 503B of the Federal 207.1. the statute only directs FDA to issue a Federal Food, Drug, and Cosmetic Act’’ (84 FR 7390); 10 Inactive ingredients are not subject to section Register notice and seek public comment when it available at https://www.fda.gov/media/121315/ 503B(a)(2) of the FD&C Act and will not be proposes to include bulk drug substances on the download. This guidance describes FDA policies for included in the 503B Bulks List because they are 503B Bulks List, we intend to seek comment when developing the 503B Bulks List and the Agency’s not included within the definition of a bulk drug the Agency has evaluated a nominated substance interpretation of the phrase ‘‘bulk drug substances substance. Pursuant to section 503B(a)(3) of the and proposes either to include or not to include the for which there is a clinical need’’ as it is used in FD&C Act, inactive ingredients used in substance on the list. section 503B of the FD&C Act. The analysis under compounding must comply with the standards of 12 Section 503B of the FD&C Act does not require the statutory clinical need’’ standard described in an applicable U.S. Pharmacopeia (USP) or National FDA to consult the PCAC before developing a 503B this notice is consistent with the approach Formulary monograph, if a monograph exists. Bulks List. described in FDA’s guidance. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15676 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices discussed above if the drug product substance on the 503B Bulks List, substance to compound drug products compounded from the bulk drug because there would not be a basis to for oral use only.16 substance is on the FDA drug shortage conclude that there may be a clinical III. Substance Considered and Proposed list at the time of compounding, need to compound drug products using for Inclusion on the 503B Bulks List distribution, and dispensing. the bulk drug substance instead of Additionally, we are not considering administering or compounding starting Because the substance in this section cost of the compounded drug product as with an approved drug product. FDA is not a component of an FDA-approved compared with an FDA-approved drug did not answer ‘‘yes’’ to both of the drug product, we applied the balancing product to be within the meaning of threshold questions for the four bulk test described above. The bulk drug ‘‘clinical need.’’ drug substances that are components of substance that has been evaluated and Some of the bulk drug substances that approved drug products that we are that FDA is proposing to place on the we are addressing in this notice are addressing in this notice. Accordingly, 503B Bulks List is quinacrine HCl. The components of FDA-approved drug as explained further below, we did not reasons for FDA’s proposal is included products,15 and we therefore began our proceed further in our evaluation of below (Ref. 3).17 evaluation of these bulk drug substances these substances and are proposing not Quinacrine by asking one or both of the following to include them on the 503B Bulks List. FDA nominated quinacrine as a bulk questions: With respect to one bulk drug (1) Is there a basis to conclude, for drug substance for the 503B Bulks List substance we are addressing in this each FDA-approved product that to compound drug products in oral notice that is not a component of an includes the nominated bulk drug dosage forms at strengths of 25–100 FDA-approved drug product, substance, that: (a) An attribute of the milligram (mg) for the treatment of quinacrine, we are conducting a FDA-approved drug product makes it cutaneous lupus erythematosus (CLE).18 balancing test with four factors, medically unsuitable to treat certain The nominated bulk drug substance is considering each factor in the context of patients for a condition that FDA has not a component of an FDA-approved the others and balancing them to identified for evaluation and (b) the drug product. We evaluated quinacrine determine whether the statutory drug product proposed to be for potential inclusion on the 503B ‘‘clinical need’’ standard has been met. compounded is intended to address that Bulks List under the clinical need The balancing test includes the attribute? standard in section 503B of the FD&C following factors: (2) Is there a basis to conclude that the • Act, considering data and information drug product proposed to be The physical and chemical regarding the physical and chemical compounded must be produced from a characterization of the substance; characterization of quinacrine, safety • bulk drug substance rather than from an any safety issues raised by the use issues raised by use of this substance in FDA-approved drug product? of the substance in compounding; compounding, available evidence of The reason for question 1 is that • the available evidence of effectiveness or lack of effectiveness, unless an attribute of the FDA-approved effectiveness or lack of effectiveness of and historical and current use in drug is medically unsuitable for certain a drug product compounded with the compounding (Ref. 3). patients, and a drug product substance, if any such evidence exists; Quinacrine is well-characterized compounded using a bulk drug and physically and chemically. Although substance that is a component of the • current and historical use of the there are concerns about its safety approved drug is intended to address substance in compounded drug profile in certain patient populations, that attribute, there is no clinical need products, including information about we believe these risks are well known to compound a drug product using that the medical condition(s) that the within the rheumatology and bulk drug substance. Rather, such substance has been used to treat and any dermatology specialties that most often compounding would unnecessarily references in peer-reviewed medical treat CLE, and the known risks could be expose patients to the risks associated literature. with drug products that do not meet the The discussion below reflects FDA’s 16 FDA requested comments on the proposal to limit listings in this manner in notice of July 31, standards applicable to FDA-approved consideration of these four factors drug products for safety, effectiveness, 2020 (85 FR 46126). The comment period for the where they are applicable and describes July 2020 notice was reopened for 30 days on quality, and labeling and would how they were applied to develop January 8, 2021 (86 FR 1515), to allow interested undermine the drug approval process. FDA’s proposal to include one bulk parties an additional opportunity to comment. The Agency has not finished evaluating the comments The reason for question 2 is that to place drug substance on the 503B Bulks List. a bulk drug substance on the 503B Bulks received on this proposal, and we intend to take all comments on this issue into consideration in List, FDA must determine that there is C. Inclusion of a Bulk Drug Substance developing our final approach to listing substances a clinical need for outsourcing facilities on the 503B Bulks List on the 503B Bulks List. to compound a drug product using the 17 In addition to FDA’s quinacrine nomination for In preparing its proposal to include a bulk drug substance rather than starting the 503B Bulks List, the Agency considered data substance on the 503B Bulks List, FDA with an FDA-approved drug product. and information from its earlier evaluation considered whether the clinical need for regarding the use of this bulk drug substance for the If the answer to both of these the bulk drug substance in the list of bulk drug substances that can be used in questions is ‘‘yes,’’ there may be a compounding under section 503A of the FD&C Act compounded drug product is limited, clinical need for outsourcing facilities to (the 503A Evaluation). See Appendices A–D in by, for example, route of administration compound using the bulk drug ‘‘FDA Memo to File, Clinical Need for Quinacrine or dosage form. As appropriate, and as Hydrochloride in Compounding Under Section substance, and we would evaluate the explained further below, the Agency 503B of the FD&C Act’’ (Ref. 3). FDA also substance further, applying the factors considered a report provided by the University of tailored its proposed entry on the 503B described below. If the answer to either Maryland Center of Excellence in Regulatory Bulks List to reflect its findings related of these questions is ‘‘no,’’ we generally Science and Innovation and conducted a search for to clinical need for the bulk substance relevant scientific literature and safety information, would not include the bulk drug proposed for inclusion on the list. focusing on materials published or submitted to Specifically, the proposed entry would FDA since the 503A Evaluations (see Appendix H 15 Specifically, bromfenac sodium, mitomycin-C, in Ref. 3). nepafenac, and hydroxychloroquine sulfate. authorize use of this bulk drug 18 See Appendix G in Ref. 3. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15677 controlled with appropriate dosing and postoperative inflammation and pain available in a 1 milliliter (mL), 5 mL, 10 monitoring. Quinacrine has been used following cataract surgery.19 The mL, and 15 mL suspension containing for several decades to treat systemic proposed route of administration is prednisolone acetate 1.0 percent. lupus erythematosus and CLE, and there ophthalmic, the proposed dosage forms Moxifloxacin hydrochloride is a is a significant body of experience, are an ophthalmic injection 20 and a component of FDA-approved drug documented in the scientific literature, topical ophthalmic solution,21 and the products (e.g., NDA 021598 and NDA that quinacrine may be effective in the proposed compounded product is 022428) 28 29 and is available as an EQ treatment of patients with cutaneous prednisolone-moxifloxacin-bromfenac 0.5 percent base ophthalmic solution. lupus, and patients who are not fully (1-0≤.5/0.4 percent). The nominated clinically responsive to, or are intolerant bulk drug substance, bromfenac sodium, 1. Suitability of FDA-Approved Drug of, treatment with FDA approved is a component of FDA-approved drug Product(s) products alone. These patients may products (e.g., ANDA 203395, NDA The nomination does not identify a respond to the addition of quinacrine to 206911, and NDA 203168). FDA has medical unsuitability in any of the FDA- their existing therapy, or to the use of approved bromfenac sodium products approved products that contain quinacrine alone. On balance, the as 0.07 percent, 0.075 percent, and 0.09 bromfenac, prednisolone, or physical and chemical characterization, percent EQ 22 acid ophthalmic 23 24 moxifloxacin hydrochloride when these safety, effectiveness, and historical and solution. The nomination proposes products are administered separately. current use of quinacrine weigh in favor to combine bromfenac sodium with two Instead, it states that the single active- of including this substance on the 503B other bulk drug substances, ingredient formulation of these products Bulks List. Accordingly, we propose moxifloxacin hydrochloride and may make them unsuitable for co- adding quinacrine to the 503B Bulks prednisolone, both of which are administration after ocular surgeries. List for oral use only. We have not components of FDA-approved products. Specifically, the nomination states that identified sufficient evidence to support Prednisolone acetate 25 is a component ‘‘Compounded formulations may its use in other routes of administration. of FDA-approved drug products (NDA alleviate the need for multiple Due to the safety risks referred to 017469 and NDA 017011) 26 27 and is above, if quinacrine is placed on the postoperative drops. Topical compounded formulations also may 503B Bulks List, FDA intends to make 19 See Docket No. FDA–2015–N–3469, document safety information about the use of no. FDA–2015–N–3469–0004. We assume improve patient compliance and quinacrine available to prescribers, ‘‘bromfenac’’ as used in the nomination refers to alleviate patient confusion because they bromfenac sodium. The nominator did not typically require use of fewer drops.’’ pharmacists, outsourcing facilities, and nominate moxifloxacin hydrochloride or the public through information on prednisolone separately. However, the labeling for the FDA- FDA’s website, in a safety guide, or 20 We assume ‘‘injection’’ as used in the approved bromfenac sodium products through other mechanisms, as nomination refers to ophthalmic injection. (e.g., ANDA 203395) specifically warns 21 appropriate. The nominator did not specify whether they against the use of bromfenac sodium propose to make an ophthalmic solution or an ophthalmic suspension. We only considered with topical corticosteroids, which IV. Substances Evaluated and Not include prednisolone. This is because Proposed for Inclusion on the 503B ophthalmic solutions for this review because ‘‘[a]ll drug products containing bromfenac sodium the use of bromfenac sodium with Bulks List (except ophthalmic solutions)’’ is on the list of topical corticosteroids may increase the ‘‘Drug products withdrawn or removed from the Because the substances in this section 30 market for reasons of safety or effectiveness,’’ potential for healing problems. The are components of FDA-approved drug codified at 21 CFR 216.24 and available at https:// nomination does not address this products, we considered one or both of www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/ warning or provide support for the co- the following questions: (1) Is there is a CFRSearch.cfm?fr=216.24, and should not be used administration of these drug products. basis to conclude that an attribute of in compounding. 22 EQ refers to the equivalent strength of the We decline to find that the approved each FDA-approved drug product active moiety. See https://www.fda.gov/drugs/ drugs are medically unsuitable for some containing the bulk drug substance development-approval-process-drugs/orange-book- patients because they may be difficult to makes each one medically unsuitable to preface. administer to patients under treat certain patients for a condition that 23 See, e.g., ANDA 203395 labeling available as of circumstances that are specifically FDA has identified for evaluation, and the date of this notice at http://fdalabel.fda.gov/ fdalabel-r/services/spl/set-ids/e853723e-8419-4444- 27 See, e.g., NDA017469 labeling available as of the drug product proposed to be 89e9-ee3f571b0974/spl-doc. the date of this notice at https:// 24 compounded is intended to address that See, e.g., NDA 206911 labeling available as the www.accessdata.fda.gov/spl/data/00c60dec-b63c- attribute and (2) is there a basis to date of this notice at https:// 43ac-9f87-88aeff333136/00c60dec-b63c-43ac-9f87- conclude that the drug product www.accessdata.fda.gov/spl/data/3ae02266-5a0f- 88aeff333136.xml. 4bf2-bc68-ae1c7d2f5239/3ae02266-5a0f-4bf2-bc68- 28 See, e.g., NDA 021598 labeling available as of proposed to be compounded must be ae1c7d2f5239.xml. the date of this notice at https:// compounded using a bulk drug 25 The nomination did not specify which www.accessdata.fda.gov/spl/data/f9febc6f-db6d- substance. prednisolone active pharmaceutical ingredient 44e8-9730-f7c1a2354d71/f9febc6f-db6d-44e8-9730- (API) is proposed to be included in their The four bulk drug substances that f7c1a2354d71.xml. combination. There are several approved have been evaluated and that FDA is 29 ophthalmic formulations of prednisolone acetate or See, e.g., NDA 022428 labeling available as of proposing not to place on the list are as prednisolone sodium phosphate in combination the date of this notice at https:// follows: Bromfenac sodium, mitomycin- with anti-infectives. The only single ingredient 1% www.accessdata.fda.gov/spl/data/41ea7ffb-02e7- C, nepafenac, and hydroxychloroquine suspension approved for ophthalmic use is 44bd-8ec6-6d4c8e116b99/41ea7ffb-02e7-44bd-8ec6- sulfate. The reasons for FDA’s proposals prednisolone acetate. It is approved under two 6d4c8e116b99.xml. separate NDAs, 017469 as OMNIPRED and 017011 30 According to the ‘‘Warnings and Precautions’’ are included below. as Pred-Forte®. OMNIPRED is available as 5 mL and section of the FDA-approved labeling for ANDA ® A. Bromfenac Sodium 10 mL and Pred-Forte is available in 1 mL, 5 mL, 203395, ‘‘All topical nonsteroidal anti-inflammatory 10 mL, and 15 mL suspension containing drugs (NSAIDs) may slow or delay healing. Topical Bromfenac sodium was nominated in prednisolone acetate 1.0%. corticosteroids are also known to slow or delay combination with moxifloxacin 26 See, e.g., NDA 017011 labeling available as of healing. Concomitant use of topical NSAIDs and the date of this notice at https:// topical steroids may increase the potential for hydrochloride and prednisolone for www.accessdata.fda.gov/spl/data/3fbf3327-59a2- healing problems.’’ See http://fdalabel.fda.gov/ inclusion on the 503B Bulks List to 4e6e-9e43-4f63ea23d54e/3fbf3327-59a2-4e6e-9e43- fdalabel-r/services/spl/set-ids/e853723e-8419-4444- compound drug products for 4f63ea23d54e.xml. 89e9-ee3f571b0974/spl-doc. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15678 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices warned against in the approved the proposed uses under question 1, we proposed compounded products labeling. are not considering whether there is a addressed in this notice, would fall Because co-administration of these basis to conclude that the drug products outside the enforcement discretion products is the subject of a labeled proposed to be compounded must be described in the Interim Policy. We note warning, and therefore an inappropriate produced from a bulk drug substance that FDA’s evaluation of bromfenac basis for a finding of clinical need, we rather than from an FDA-approved drug sodium for inclusion on the 503B Bulks do not evaluate the nomination’s claims product under question 2. List will not impact FDA’s evaluation of further. However, to help explain our 3. Additional Comments any other bulk drug substances for thinking about this nomination and inclusion on the 503B Bulks List, inform public comment, we address the For the reasons stated above, we are including prednisolone and nomination’s statement that there is a not evaluating this nomination under moxifloxacin hydrochloride, because clinical need to compound a drug the balancing test. However, if this each bulk drug substance nominated for containing multiple active ingredients nomination for bromfenac sodium was inclusion on the 503B Bulks List because it may improve patient to proceed to the balancing test, there undergoes its own evaluation. We compliance relative to prescribing FDA- would be some significant safety and previously proposed not to include approved drugs that contain a single effectiveness concerns to evaluate, moxifloxacin hydrochloride on the 503B active ingredient. The nomination does which are not addressed in the Bulks List (85 FR 46126), and we are not state that the approved drugs would nomination. currently reviewing comments on that be medically unsuitable for some Each of the three ingredients nomination. Nominations for patients for the conditions identified in proposed to be used in combination by prednisolone, if they are not withdrawn, the nomination, and it does not provide the nomination is indicated for different remain the subject of future evaluations. data or evidence to support that medical conditions and has a different Finally, if FDA determines there is a FDA-approved dosing regimen: Once proposition. Reducing the number of clinical need for outsourcing facilities to daily for bromfenac sodium 0.09 drugs administered for the purpose of use bulk drug substances to compound percent,32 four times daily for convenience is not ‘‘clinical need’’; the proposed drug products, we would prednisolone acetate 33 and three times medical unsuitability of the approved include each substance or combination daily for moxifloxacin hydrochloride.34 drugs is required. While clinical need of substances, as appropriate, on the The duration of treatment for each does not have to be fully established in 503B Bulks List at the time that final individual drug also differs. FDA’s analysis of questions 1 and 2, determination is made. there must be a basis to conclude that The nomination also describes such a need may exist before FDA will compounding drug products that B. Mitomycin-C proceed to the more searching analysis include bromfenac sodium in a concentration (EQ 0.4 percent acid) 35 Mitomycin-C was nominated for conducted under the balancing test. No inclusion on the 503B Bulks List to 31 that is more than four times higher than such basis is present here. compound drug products that treat Accordingly, with respect to the the FDA-approved product (the approved product is available at stomach, pancreas, anal (nonmetastatic), bromfenac sodium drug products bladder, cervical (recurrent or proposed to be compounded by the concentrations of EQ 0.07 percent acid, EQ 0.075 percent acid, and EQ 0.09 metastatic), esophageal, gastric, and nominator, FDA finds no basis to non-small cell lung cancer.36 The conclude that there is an attribute of percent acid). The nomination does not provide any data or information proposed route of administration is each of the FDA approved drug injection and the proposed products that makes each one medically supporting the need for a higher concentration than the approved drug. concentration is 20–40 mg. We unsuitable to treat certain patients who evaluated the proposed products for undergo cataract surgery. There is Most of the bulk drug substance nominations FDA has evaluated to date both the intravenous and intravesical therefore no attribute of the approved routes of administration because the drug products that the proposed have only proposed to compound drug products containing a single active nomination proposed that there is a compounded drug products are need for a compounded mitomycin-C intended to address. ingredient. This nomination proposed to compound drug products containing drug product for injection and we 2. Whether the Drug Product Must Be more than one active ingredient. If FDA understand that mitomycin-C is used for Compounded From a Bulk Drug finalizes its proposal not to include both intravesical and intravenous Substance bromfenac sodium on the 503B Bulks administration in certain oncological Because we have not identified a List, we intend to remove the substance conditions. The nominated bulk drug population for whom the approved from Category 1 for purposes of the substance is a component of FDA- products are medically unsuitable for Interim Policy, which would mean that approved drug products (e.g., ANDA ophthalmic solutions compounded 064144, NDA 022572, and NDA 37 31 In general, we do not expect to find clinical using the bulk drug substance 211728). FDA-approved mitomycin-C need for a bulk drug substance to compound drug bromfenac sodium, including the products containing two or more bulk drug 36 See Docket No.FDA–2013–N–1524, document substances unless: (1) Combining the substances is no. FDA–2013–N–1524–2219. 32 intended to address the medical unsuitability of the Bromfenac sodium EQ 0.09% acid solution 37 Jelmyto, NDA 211728 was approved on April FDA-approved drug products for certain patients (e.g., ANDA 203395) should be applied to the 15, 2020, as a 40 mg/vial powder for pyelocaliceal and (2) the combination is likely to address a affected eye once daily beginning 1 day prior to administration for the treatment of adult patients clinical need that could not be addressed by cataract surgery, continued on the day of surgery, with low-grade Upper Tract Urothelial Cancer (LG– delivering each component of the drug product and through the first 14 days of the postoperative UTUC). Jelmyto has not been considered in this alone. Not including drug products with two or period. memorandum because of the complex nature of the more active ingredients on the 503B Bulks List 33 Two drops topically in the eye(s) four times approved product and the fact that there is a more unless these conditions are met helps to ensure that daily (e.g., NDA 017469). appropriate comparator approved drug product patients are not exposed to a drug product 34 Instill one drop in the affected eye 3 times a (mitomycin as a 5, 20, and 40 mg vial for solution containing an unnecessary active ingredient, helps day for 7 days (e.g., NDA 021598). for intravenous administration). While the avoid risks of unwanted interactions or 35 The nomination states ‘‘0.4%.’’ We assume the nominated dosage form is unclear (‘‘injection’’), we complications in formulation, and protects the nominator intended a concentration of EQ 0.4% assume that the nominator intended to nominate a integrity of the drug approval process. acid. solution or a powder for solution for intravesical VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15679 (e.g., ANDA 064114) is available as a 5, nomination does not identify an C. Nepafenac 20, and 40 mg/mL vial for intravenous attribute of the FDA-approved products Nepafenac was nominated in 38 administration. Mitomycin is also that makes them medically unsuitable to combination with other bulk drug approved as a 0.2 mg vial, which when treat certain patients and that the substances, including prednisolone and reconstituted with Sterile Water for proposed compounded drug products gatifloxacin,43 for inclusion on the 503B Injection, provides a solution for are intended to address. Further, the Bulks List to compound drug products application in glaucoma filtration nomination proposes to ‘‘include for ‘‘post cataract surgery ocular surgery for use as an adjunct to ab excipients to prevent urine complications related to pain, externo glaucoma surgery (e.g., NDA acidification,’’ but the nomination does inflammation or bacterial 022572). not identify which excipients are conjunctivitis.’’ 44 The proposed route of 1. Suitability of FDA-Approved Drug proposed for the compounded product, administration is topical ophthalmic, Product(s) nor does the nomination provide any the proposed dosage forms are a data or information supporting how the preserved (multidose) and a Regarding the proposed use to treat proposed compounded drug products preservative-free (unit dose) topical bladder cancer, the nomination does not 42 will address that concern. ophthalmic suspension, and the explain why an attribute of each of the proposed compounded products are: (1) FDA-approved 5, 20, and 40 mg vials of Regarding the proposed use to treat ‘‘Nepafenac 0.1%-Prednisolone 1%;’’ lyophilized powder for reconstituting stomach, pancreas, anal (nonmetastic), and (2) ‘‘Nepafenac 0.1%-Prednisolone into solution is medically unsuitable for cervical (recurrent or metastic), 1%-Gatifloxacin 0.5%.’’ The nominated the proposed use. For example, if there esophageal, gastric, and non-small cell bulk drug substance, nepafenac, is a are patients for whom products for lung cancer, the nomination does not component of FDA-approved drug intravenous administration would be identify an attribute for each FDA- products (e.g., NDA 021862 and NDA medically unsuitable, the nomination approved product that makes it 203491).45 46 FDA has approved does not provide support or explain medically unsuitable to treat certain nepafenac as 1.7 mL dropper bottle, and why the FDA-approved products, or patients for these conditions and that a 4 mL dropper bottle filled with 3 mL products prepared using the FDA- the proposed compounded products are sterile ophthalmic suspension approved products could not be used for intended to address. containing 0.1 percent (1 mg/mL) intravesical administration.39 The Accordingly, with respect to the mitomycin products proposed to be nepafenac and as a 4 mL bottle filled nomination states that it may be with 1.7 mL and 3 mL sterile necessary to compound a mitomycin-C compounded, FDA finds no basis to conclude that an attribute of the FDA- ophthalmic suspension containing 0.3 drug product to attain a ‘‘higher, more percent (3 mg/mL) nepafenac for topical efficacious dose,’’ but the nomination approved products makes them administration.47 The nomination does not identify any specific higher medically unsuitable to treat certain proposes to combine nepafenac with concentrations that the nominator patients for a condition that FDA has two other bulk drug substances, proposes to compound. The approved identified for evaluation and that the prednisolone and gatifloxacin, both of product is available as a lyophilized proposed compounded drug products which are components of FDA-approved powder, which according to the are intended to address. products. Prednisolone acetate 48 is a approved labeling, is reconstituted to a 2. Whether the Drug Product Must Be component of FDA-approved drug final concentration of 0.5 mg/mL or Compounded From a Bulk Drug products (NDA 017469 and NDA below.40 While the nomination includes Substance 017011) and is available in a 1 mL, 5 two articles which indicate that there mL, 10 mL, and 15 mL suspension could be a need for a product with a Because the nomination does not containing prednisolone acetate 1.0 concentration above 0.5 mg/mL,41 the identify a population for whom the percent.49 50 Gatifloxacin is a FDA-approved products are medically administration (not, as Jelmyto is, a gel for unsuitable for the proposed uses, FDA 43 pyelocaliceal administration). The nominator did not nominate prednisolone did not consider whether there is a basis or gatifloxacin separately. 38 See, e.g., ANDA 064144 labeling available as of 44 the date of this notice at https:// to conclude that the drug products See Docket No. FDA–2015–N–3469, document www.accessdata.fda.gov/spl/data/55ab68d0-c46a- proposed to be compounded must be no. FDA–2015–N–3469–0022. 2f41-e054-00144ff88e88/55ab68d0-c46a-2f41-e054- produced from a bulk drug substance 45 See, e.g., NDA 021862 labeling available as of 00144ff88e88.xml. When reconstituted with Sterile the date of this notice at https:// rather than from an FDA-approved drug _ Water for Injection, ANDA 064144, and other www.accessdata.fda.gov/drugsatfda docs/label/ ANDAs like it, provide a solution for intravenous product under question 2. 2020/021862s017lbl.pdf. administration for therapy of disseminated 46 See, e.g., NDA 203491 labeling available as of adenocarcinoma of the stomach or pancreas in the date of this notice at https:// for bladder cancer (Refs. 4 and 5). Colombo et al, _ proven combinations with other approved 2012 administered mitomycin 40 mg in 40 mL www.accessdata.fda.gov/drugsatfda docs/label/ chemotherapeutic agents and as palliative treatment saline (1 mg/mL) intravesically to patients and Au 2012/203491s001lbl.pdf. when other modalities have failed. et al, 2001 administered mitomycin 40 mg in 20 mL 47 See fns. 45 and 46, above. 39 In noting this issue, FDA is not suggesting or of sterile water (2 mg/mL) or 20 mg in 20 mL of 48 The nominator did not specify which implying that the approved drug products, or sterile water (1 mg/mL) intravesically to patients prednisolone API is proposed to be included in products prepared from them, are approved for the (Ref. 4). their combinations. There are several approved use proposed by the nomination. Mitomycin-C 5, 42 The nomination included one article that ophthalmic formulations of prednisolone acetate or 20, or 40 mg vials of lyophilized powders for states, ‘‘[i]n the case of mitomycin C, instability of prednisolone sodium phosphate in combination solution (for reconstitution) have not been shown the drug in acidic urine is an additional problem.’’ with anti-infectives. The only single ingredient 1% to be safe and effective for intravesical However, the article does not identify excipients suspension approved for ophthalmic use is administration to treat any condition or disease. that could be added to intravesically administered prednisolone acetate. 40 The approved product (e.g., ANDA 064144) is mitomycin drug products to address this particular 49 See, e.g., NDA 017469 labeling available as of available as a 5, 20, and 40 mg vial of lyophilized attribute of the approved product. Nor does the the date of this notice at https:// powder, which according to the approved labeling, article provide data or information to support the www.accessdata.fda.gov/drugsatfda_docs/label/ is reconstituted in 10 mL, 40 mL or 80 mL Sterile need for a compounded drug product containing 2007/017469s040lbl.pdf. Water for Injection respectively for intravenous such excipients. Rather, it discusses administering 50 See, e.g., NDA 017011 labeling available as of administration. oral doses of sodium bicarbonate before treatment the date of this notice at https:// 41 For example, the nomination cites two articles with an intravesical mitomycin drug product to www.accessdata.fda.gov/drugsatfda_docs/label/ which used mitomycin administered intravesically reduce the acidity of the patient’s urine (Ref. 5). 2018/017011s050lbl.pdf. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15680 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices component of FDA-approved drug convenience is not ‘‘clinical need’’; duration of treatment for each products (e.g., NDA 022548),51 and is medical unsuitability of the approved individual drug also differs, as do the available in a 1 mL or 2.5 mL solution drugs is required. While clinical need approved indications. 52 containing gatifloxacin .5 percent. does not have to be fully established in Most of the bulk drug substance 1. Suitability of FDA-Approved Drug FDA’s analysis of questions 1 and 2, nominations FDA has evaluated to date Product(s) there must be a basis to conclude that have only proposed to compound drug such a need may exist before FDA will products containing a single active The nomination does not identify a proceed to the more searching analysis medical unsuitability in any of the FDA- ingredient. This nomination proposed to conducted under the balancing test. No compound drug products containing approved products that contain 53 such basis is present here. more than one active ingredient. If FDA nepafenac, prednisolone, or gatifloxacin Accordingly, with respect to the when these products are administered finalizes its proposal not to include nepafenac drug products proposed to be nepafenac on the 503B Bulks List, we separately. Instead, it states that the compounded by the nominator, FDA single active-ingredient formulation of intend to remove the substance from finds no basis to conclude that there is Category 1 for purposes of the Interim these products may make them an attribute of each of the approved unsuitable for co-administration after Policy, which would mean that drug products that makes each one ocular surgeries. Specifically, the ophthalmic solutions compounded medically unsuitable to treat certain nomination states that ‘‘[a]s a solution, using the bulk drug substance patients who undergo cataract surgery. fixed-dosage ophthalmic drug nepafenac, including the proposed There is therefore no attribute of the combinations of different compounded products addressed in this approved drug products that the pharmacological classes can be notice, would fall outside the proposed compounded drug products efficacious, reduce the side effects of enforcement discretion described in the are intended to address. each component and improve patient Interim Policy. We note that FDA’s compliance.’’ However, the labeling for 2. Whether the Drug Product Must Be evaluation of nepafenac for inclusion on the FDA-approved nepafenac products Compounded From a Bulk Drug the 503B Bulks List will not impact (e.g., NDA 021862 and NDA 203491) Substance FDA’s evaluation of any other bulk drug specifically warns against the use of substances for inclusion on the 503B nepafenac with topical corticosteroids, Because the nominator has not Bulks List, including prednisolone and which include prednisolone. This is identified a population for whom the gatifloxacin, because each bulk drug because the use of nepafenac with approved products are medically substance nominated for inclusion on topical corticosteroids may increase the unsuitable for the proposed uses under the 503B Bulks List undergoes its own potential for healing problems. The question 1, we are not considering evaluation. Nominations for nomination does not address this whether there is a basis to conclude that prednisolone, if they are not withdrawn, warning or provide support for the co- the drug product proposed to be remain the subject of future evaluations. administration of these drug products. compounded must be produced from a Gatifloxacin has not been nominated for We decline to find that the approved bulk drug substance rather than from an inclusion on the 503B Bulks List, and drugs are medically unsuitable for some FDA-approved drug product under therefore has not been categorized under patients because they may be difficult to question 2. the Interim Policy; its status under the administer to patients under 3. Additional Comments Interim Policy will not be affected if this circumstances that are specifically proposal is finalized. Finally, if FDA warned against in the approved Finally, if this nomination for determines there is a clinical need for labeling. nepafenac were to proceed to the outsourcing facilities to use bulk drug Because co-administration of these balancing test, there would be some substances to compound the proposed products is the subject of a labeled significant safety and effectiveness drug products, we would include each warning, and therefore an inappropriate concerns to evaluate, which are not substance or combination of substances, basis for a finding of clinical need, we addressed in the nomination. Each of as appropriate, on the 503B Bulks List do not evaluate the nomination’s claims the three proposed ingredients intended at the time that final determination is further. However, to help explain our to be compounded into a single drug made. thinking about this nomination and product is indicated for different inform public comment, we address the medical conditions and has different D. Hydroxychloroquine Sulfate nomination’s statement that there is a FDA-approved dosing regimens: One- 54 Hydroxychloroquine sulfate was clinical need to compound a drug time daily for nepafenac, four times nominated for inclusion on the 503B containing multiple active ingredients daily for prednisolone,55 and two to 56 Bulks List to compound drug products because it may improve patient eight times daily for gatifloxacin. The that treat rheumatoid arthritis and compliance relative to prescribing FDA- 53 juvenile arthritis (also known as approved drugs that contain a single See supra note 31. 57 54 One drop of NDA 021862 0.1% should be juvenile idiopathic arthritis). The active ingredient. The nomination does proposed route of administration is oral, not state that the approved drugs would applied to the affected eye three times daily beginning 1 day prior to cataract surgery, continued the proposed dosage forms are a capsule be medically unsuitable for some on the day of surgery and through the first 2 weeks or suspension, and the proposed patients for the conditions identified in of the postoperative period. One drop of NDA 203491 0.3% should be applied to the affected eye concentrations are 200–500 mg capsules the nomination, and it does not provide and 100–200 mg/mL suspension. The data or evidence to support that one time daily beginning 1 day prior to cataract surgery, continued on the day of surgery and nominated bulk drug substance is a proposition. Reducing the number of through the first 2 weeks of the postoperative component of FDA-approved drug drugs administered for the purpose of period. An additional drop should be administered 30 to 120 minutes prior to surgery. products (e.g., NDA 009768, ANDA 51 See, e.g., NDA 022548 labeling available as of 55 Two drops topically in the eye(s) four times the date of this notice at https:// daily. times daily in the affected eye(s) while awake on www.accessdata.fda.gov/drugsatfda_docs/label/ 56 Day 1: Instill one drop every two hours in the Days 2 through 7. 2016/022548s002lbl.pdf. affected eye(s) while awake, up to 8 times on Day 57 See Docket No. FDA–2015–N–3469, document 52 See fn. 51, above. 1. Days 2 through 7: instill one drop two to four no. FDA–2015–N–3469–0165. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15681 040104, and ANDA 213342).58 59 60 allow for more flexible dosing when aware of issues with using the FDA- FDA-approved hydroxychloroquine compared to the approved tablets when approved product as the starting sulfate is available as 200 mg following weight-based dosing material when the compounding (equivalent to 155 mg of recommendations, and that this also process and equipment are hydroxychloroquine base), film-coated supports the proposition that the appropriately selected. We also note tablets for oral administration.61 approved product may be unsuitable for that there is a draft USP monograph for certain patients.63 the compounded suspension that uses 1. Suitability of FDA-Approved Drug In addition to the proposed an FDA-approved film-coated tablet as Product(s) suspension, the nominator also the starting material (Ref. 8).65 As with There is a basis to conclude that an proposes to compound all suspensions, the particle size of the attribute of the approved hydroxychloroquine sulfate 200–500 mg powder should be carefully controlled hydroxychloroquine sulfate tablets for capsules for oral administration. The and the density of suspension vehicle oral administration makes them nomination does not explain how the should be selected appropriately in medically unsuitable for the treatment proposed compounded capsule order to make the oral suspension of some patients with rheumatoid products are intended to address the uniform and stable, which can affect the arthritis and juvenile arthritis.62 The medical unsuitability of the approved dose administrated to the patients. nomination suggests that the approved product. Similar to tablets, capsules are Because we do not find a basis to oral tablets, a solid oral dosage form, are less flexible in dosing and would be conclude that a bulk drug substance is medically unsuitable in pediatric difficult for patients to take if they are needed to compound the proposed patients who are unable to swallow unable to swallow tablets. In addition, compounded hydroxychloroquine tablets. We agree that there may be the nomination does not identify any sulfate oral suspension, rather than certain patients for whom the approved data or information as to the need for starting with the FDA approved oral tablets are medically unsuitable and compounded products with a higher product, we do not find a need to this would depend on a patient’s concentration than the approved include hydroxychloroquine sulfate on clinical presentation and age, among product. the 503B Bulks List under question 2. other considerations. As a general The nomination also claims that some V. Conclusion matter, the drug product proposed to be patients are ‘‘unable to tolerate compounded appears to be intended to excipients’’ in the approved product, For the reasons stated above, we address the potential unsuitability of a but the nomination does not identify tentatively conclude that there is a solid oral dosage form because the which excipients they are referring to, clinical need for outsourcing facilities to nominator proposes to compound a nor do they provide any data or compound drug products using the bulk suspension of hydroxychloroquine information supporting how the drug substance quinacrine for oral use, sulfate for oral administration. proposed drug products will address and we therefore propose to include it The nominator further states that that particular attribute. on the 503B Bulks List as described in ‘‘pediatric dosing is not standardized this notice. 2. Whether the Drug Product Must Be but weight-based, making getting the At this time, we find no basis to Compounded From a Bulk Drug correct dose difficult with tablets.’’ We conclude that there is a clinical need for Substance agree that an oral suspension could outsourcing facilities to compound drug Because there is a basis to conclude products using the bulk drug substances 58 See, e.g., NDA 009768 labeling available as of that an attribute of the approved bromfenac sodium, mitomycin-C, the date of this notice at https:// hydroxychloroquine sulfate tablets nepafenac, and hydroxychloroquine _ www.accessdata.fda.gov/drugsatfda docs/label/ makes them medically unsuitable for sulfate. We therefore propose not to 2017/009768s037s045s047lbl.pdf. include these bulk drug substances on 59 See, e.g., ANDA 040104 labeling available as of some patients, and the proposed the date of this notice at https:// compounded oral suspension is the 503B Bulks List. www.accessdata.fda.gov/spl/data/a594d892-e496– intended to address that attribute, FDA VI. References 38f5-e053–2a95a90a9da8/a594d892-e496–38f5- next considers whether there is a basis e053–2a95a90a9da8.xml. to conclude that the proposed oral The following references marked with 60 See, e.g., ANDA 213342 labeling available as of an asterisk (*) are on display at the the date of this notice at https:// suspension must be made from a bulk www.accessdata.fda.gov/spl/data/f6b15217-3b65- drug substance rather than from an Dockets Management Staff (see 4d0e-8546-5056d71d525e/f6b15217-3b65-4d0e- FDA-approved product. The approved ADDRESSES) and are available for 8546-5056d71d525e.xml. hydroxychloroquine sulfate drug viewing by interested persons between 61 See, e.g., NDA 009768 labeling available as of 9 a.m. and 4 p.m., Monday through the date of this notice at https:// products are 200 mg immediate release 64 Friday; they are also available www.accessdata.fda.gov/drugsatfda_docs/label/ tablets with film coating. Although the 2017/009768s037s045s047lbl.pdf. approved products are film-coated, the electronically at https:// 62 In noting this issue, we do not mean to suggest coating is not intended to change/ www.regulations.gov. References or imply that the approved drug products, or control the release profile. FDA is not without asterisks are not on public products prepared from them, are approved for all display at https://www.regulations.gov of the uses proposed by the nomination. For the question 1 analysis we asked a limited, threshold 63 We note that the nominator’s proposed because they have copyright restriction. question to determine whether there might be a concentration of 100–200 mg/mL would offer little Some may be available at the website clinical need for a compounded drug product, by benefit in the younger aged pediatric population address, if listed. References without asking what attributes of the approved drug the because a suspension at this strength would likely asterisks are available for viewing only proposed compounded drug would change, and require administration of small volumes (e.g., ≤1 why. Because this nomination did not pass through mL). We are aware of several published pharmacy at the Dockets Management Staff. FDA question 2, we did not reach the balancing test and compounding formulations for hydroxychloroquine therefore did not consider the four factors, sulfate 25 mg/mL suspensions (Refs. 6–8), which 65 We note that the product labeling for including the available evidence of effectiveness or may be more suitable for the younger pediatric hydroxychloroquine sulfate film-coated tablets (e.g., lack of effectiveness of a drug product compounded population. NDA 009768, ANDA 213342) states, ‘‘Do not crush with hydroxychloroquine sulfate. The safety and 64 The tablet is not scored. The approved product or divide hydroxychloroquine sulfate film-coated efficacy of chronic use of hydroxychloroquine labeling states that the ‘‘film-coated tablets cannot tablets.’’ However, this does not change our view sulfate have not been established for juvenile be divided, therefore they should not be used to that the product can be compounded starting with idiopathic arthritis. treat patients who weigh less than 31 kg.’’ the approved drug product. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15682 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices has verified the website addresses, as of from https://go.usp.org/l/323321/2020- versions of drug products approved the date this document publishes in the 04-08/33wcg6. under an ANDA procedure. ANDA Federal Register, but websites are Dated: March 19, 2021. applicants must, with certain subject to change over time. Lauren K. Roth, exceptions, show that the drug for *1. FDA, Guidance for Industry, ‘‘Interim Acting Principal Associate Commissioner for which they are seeking approval Policy on Compounding Using Bulk Policy. contains the same active ingredient in Drug Substances Under Section 503B of [FR Doc. 2021–06060 Filed 3–23–21; 8:45 am] the same strength and dosage form as the Federal Food, Drug, and Cosmetic BILLING CODE 4164–01–P the ‘‘listed drug,’’ which is a version of Act,’’ January 2017 (available at https:// the drug that was previously approved. www.fda.gov/media/94402/download). ANDA applicants do not have to repeat *2. FDA, Guidance for Industry, ‘‘Evaluation DEPARTMENT OF HEALTH AND the extensive clinical testing otherwise of Bulk Drug Substances Nominated for Use in Compounding Under Section HUMAN SERVICES necessary to gain approval of a new 503B of the Federal Food, Drug, and drug application (NDA). Cosmetic Act,’’ March 2019 (available at Food and Drug Administration The 1984 amendments include what https://www.fda.gov/media/121315/ [Docket No. FDA–2021–N–0279] is now section 505(j)(7) of the Federal download). Food, Drug, and Cosmetic Act (21 U.S.C. *3. FDA Memorandum to File, ‘‘Clinical Determination That Folic Acid, Oral 355(j)(7)), which requires FDA to Need for Quinacrine Hydrochloride in Tablets, 1 Milligram, and Other Drug publish a list of all approved drugs. Compounding Under Section 503B of the Products Were Not Withdrawn From FD&C Act,’’ January 2021. FDA publishes this list as part of the 4. Colombo, R., L. Rocchini, N. Suardi, F. Sale for Reasons of Safety or ‘‘Approved Drug Products with Benigni, et al., 2012, ‘‘Neoadjuvant Effectiveness Therapeutic Equivalence Evaluations,’’ Short-Term Intensive Intravesical AGENCY: Food and Drug Administration, which is generally known as the Mitomycin C Regimen Compared with HHS. ‘‘Orange Book.’’ Under FDA regulations, Weekly Schedule For Low-Grade a drug is removed from the list if the ACTION: Notice. Recurrent Non-Muscle-Invasive Bladder Agency withdraws or suspends Cancer: Preliminary Results of a approval of the drug’s NDA or ANDA Randomised Phase 2 Study,’’ European SUMMARY: The Food and Drug Urology, 62: 797–802. Administration (FDA or Agency) has for reasons of safety or effectiveness, or 5. Au, J. L., R. A. Badalament, M. G. Wientjes, determined that the drug products listed if FDA determines that the listed drug D. C. Young, et al., and International in this document were not withdrawn was withdrawn from sale for reasons of Mitomycin-C Consortium, 2001. from sale for reasons of safety or safety or effectiveness (21 CFR 314.162). ‘‘Methods to Improve Efficacy of effectiveness. This determination means Under § 314.161(a) (21 CFR Intravesical Mitomycin C: Results of a that FDA will not begin procedures to 314.161(a)), the Agency must determine Randomized Phase III Trial,’’ Journal of withdraw approval of abbreviated new the National Cancer Institute, 93: 597– whether a listed drug was withdrawn 604. drug applications (ANDAs) that refer to from sale for reasons of safety or 6. McHenry, A. R., M. F. Wempe, and P. J. these drug products, and it will allow effectiveness: (1) Before an ANDA that Rice, 2017, ‘‘Stability of FDA to continue to approve ANDAs that refers to that listed drug may be Extemporaneously Prepared refer to the products as long as they approved, (2) whenever a listed drug is Hydroxychloroquine Sulfate 25-mg/mL meet relevant legal and regulatory voluntarily withdrawn from sale and Suspensions in Plastic Bottles and requirements. ANDAs that refer to the listed drug have Syringes,’’ International Journal of been approved, and (3) when a person Pharmaceutical Compounding, 21(3), FOR FURTHER INFORMATION CONTACT: 251–254 (APA). Retrieved from https:// Stacy Kane, Center for Drug Evaluation petitions for such a determination under ijpc.com/Abstracts/ and Research, Food and Drug 21 CFR 10.25(a) and 10.30. Section Abstract.cfm?ABS=4322. Administration, 10903 New Hampshire 314.161(d) provides that if FDA 7. American Society of Hospital Pharmacists Ave., Bldg. 51, Rm. 6236, Silver Spring, determines that a listed drug was (ASHP 2020), ’’ Hydroxychloroquine MD 20993–0002, 301–796–8363, withdrawn from sale for safety or Sulfate Suspension 25 mg/mL.’’ [email protected]. effectiveness reasons, the Agency will Retrieved from www.ashp.org. SUPPLEMENTARY INFORMATION: In 1984, initiate proceedings that could result in 8. USP 2020, ‘‘USP Draft Compounded Congress enacted the Drug Price the withdrawal of approval of the Preparation Monograph for ANDAs that refer to the listed drug. Hydroxychloroquine Sulfate Competition and Patent Term Compounded Oral Suspension.’’ Restoration Act of 1984 (Pub. L. 98–417) FDA has become aware that the drug Published for public comment in (the 1984 amendments), which products listed in the table are no longer Pharmacopeial Forum 46(2). Retrieved authorized the approval of duplicate being marketed. Application No. Drug name Active ingredient(s) Strength(s) Dosage form/route Applicant NDA 006135 ... Folic Acid ...... Folic Acid ...... 1 milligram (mg) ...... Tablet; Oral ...... Eli Lilly & Co. NDA 016131 ... CLOMID ...... Clomiphene Citrate ..... 50 mg ...... Tablet; Oral ...... Sanofi-Aventis U.S. LLC. NDA 016419 ... Propranolol Hydro- Propanolol Hydro- 1 mg/milliliter (mL) ...... Injectable; Injection ..... Baxter Healthcare chloride. chloride. Corp. NDA 017473 ... ORAP ...... Pimozide ...... 1 mg; 2 mg ...... Tablet; Oral ...... Teva Pharms., USA, Inc. NDA 019916 ... Morphine Sulfate ...... Morphine Sulfate ...... 1 mg/mL; 5 mg/mL ...... Injectable; Injection ..... ICU Medical, Inc. NDA 019967 ... ULTRAVATE ...... Halobetasol Propionate 0.05% ...... Cream; Topical ...... Sun Pharmaceutical In- dustries, Inc. NDA 020647 ... ELDEPRYL ...... Selegiline Hydro- 5 mg ...... Capsule; Oral ...... Somerset Pharms., Inc. chloride. NDA 020925 ... TAVIST–1 ...... Clemastine Fumarate .. 1.34 mg ...... Tablet; Oral ...... GlaxoSmithKline Con- sumer Healthcare. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15683 Application No. Drug name Active ingredient(s) Strength(s) Dosage form/route Applicant NDA 021015 ... ANDROGEL ...... Testosterone ...... 12.5 mg/1.25 g Actu- Gel, Metered; AbbVie Inc. ation. Transdermal. NDA 021204 ... STARLIX ...... Nateglinide ...... 60 mg; 120 mg ...... Tablets; Oral ...... Novartis Pharms., Corp. NDA 021217 ... EXALGO ...... Hydromorphone Hydro- 8 mg; 12 mg; 16 mg; Tablet, Extended-Re- Specgx, LLC. chloride. 32 mg. lease; Oral. NDA 021365 ... LEXAPRO ...... Escitalopram Oxalate .. Equal to (EQ) 5 mg Solution; Oral ...... Allergan Sales, LLC. Base/5 mL. NDA 021490 ... FEMCON FE ...... Ethinyl Estradiol; 0.035 mg; 0.4 mg ...... Tablet, Chewable; Oral Allergan Pharms., Norethindrone. International, Ltd. NDA 021860 ... SARAFEM ...... Fluoxetine Hydro- EQ 15 mg Base ...... Tablet; Oral ...... Allergan Pharms. Inter- chloride. national, Ltd. NDA 021870 ... Fludeoxyglucose F–18 Fludeoxyglucose F–18 20–200 Millicurie/mL ... Injectable; Intravenous Feinstein Institute Med- ical Research. NDA 022442 ... REZIRA ...... Hydrocodone 5 mg/5 mL; 60 mg/5 Solution; Oral ...... Persion Pharms., LLC. Bitartrate; mL. Pseudoephedrine Hydrochloride. NDA 050757 ... PREVPAC ...... Amoxicillin; 500 mg; 500 mg; 30 Capsule, Tablet, Cap- Takeda Pharms. USA, Clarithromycin; mg. sule; Oral. Inc. Lansoprazole. NDA 203195 ... SUPRAX ...... Cefixime ...... 400 mg ...... Capsule; Oral ...... Lupin, Ltd. NDA 207931 ... TECHNIVIE ...... Ombitasvir; 12.5 mg; 75 mg; 50 mg Tablet; Oral ...... AbbVie Inc. Paritaprevir; Ritonavir. NDA 208624 ... VIEKIRA XR ...... Dasabuvir Sodium; EQ 200 mg Base; 8.33 Tablet, Extended Re- AbbVie Inc. Ombitasvir; mg; 50 mg; 33.33 lease; Oral. Paritaprevir; mg. Ritonavir. FDA has reviewed its records and, DEPARTMENT OF HEALTH AND Fiscal Year (FY) 2022 GDUFA science under § 314.161, has determined that HUMAN SERVICES and research initiatives. the drug products listed were not DATES: The public workshop will be withdrawn from sale for reasons of Food and Drug Administration held on June 23, 2021, from 8:30 a.m. safety or effectiveness. Accordingly, the [Docket No. FDA–2017–N–6644] to 4:30 p.m. Eastern Time. Submit either Agency will continue to list the drug electronic or written comments on this products in the ‘‘Discontinued Drug Fiscal Year 2021 Generic Drug Science public workshop by July 23, 2021. See Product List’’ section of the Orange and Research Initiatives Workshop; the SUPPLEMENTARY INFORMATION section Book. The ‘‘Discontinued Drug Product Public Workshop; Request for for registration date and information. List’’ identifies, among other items, drug Comments ADDRESSES: The public workshop will products that have been discontinued be held virtually. AGENCY: Food and Drug Administration, You may submit comments as from marketing for reasons other than HHS. safety or effectiveness. follows. Please note that late, untimely ACTION: Notice of public workshop; filed comments will not be considered. Approved ANDAs that refer to the request for comments. Electronic comments must be submitted NDAs listed are unaffected by the on or before July 23, 2021. The https:// discontinued marketing of the products SUMMARY: The Food and Drug www.regulations.gov electronic filing subject to those NDAs. Additional Administration (FDA, the Agency, or system will accept comments until ANDAs that refer to these products may we) is announcing the following public 11:59 p.m. Eastern Time at the end of also be approved by the Agency if they workshop entitled ‘‘FY 2021 Generic July 23, 2021. Comments received by comply with relevant legal and Drug Science and Research Initiatives mail/hand delivery/courier (for written/ regulatory requirements. If FDA Workshop.’’ The purpose of the public paper submissions) will be considered determines that labeling for these drug workshop is to provide an overview of timely if they are postmarked or the products should be revised to meet the status of science and research delivery service acceptance receipt is on current standards, the Agency will initiatives for generic drugs and an or before that date. opportunity for public input on these advise ANDA applicants to submit such initiatives. FDA is seeking this input Electronic Submissions labeling. from a variety of stakeholders— Submit electronic comments in the Dated: March 19, 2021. industry, academia, patient advocates, following way: Lauren K. Roth, professional societies, and other • Federal eRulemaking Portal: Acting Principal Associate Commissioner for interested parties—as it fulfills its https://www.regulations.gov. Follow the Policy. commitment under the Generic Drug instructions for submitting comments. [FR Doc. 2021–06059 Filed 3–23–21; 8:45 am] User Fee Amendments of 2017 (GDUFA Comments submitted electronically, II) to develop an annual list of science including attachments, to https:// BILLING CODE 4164–01–P and research initiatives specific to www.regulations.gov will be posted to generic drugs. FDA will take the the docket unchanged. Because your information it obtains from the public comment will be made public, you are workshop into account in developing its solely responsible for ensuring that your VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15684 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices comment does not include any Staff. If you do not wish your name and list of GDUFA II [r]egulatory [s]cience confidential information that you or a contact information to be made publicly initiatives.’’ The public workshop third party may not wish to be posted, available, you can provide this scheduled for June 23, 2021, seeks to such as medical information, your or information on the cover sheet and not fulfill this agreement. anyone else’s Social Security number, or in the body of your comments and you II. Topics for Discussion at the Public confidential business information, such must identify this information as as a manufacturing process. Please note ‘‘confidential.’’ Any information marked Workshop that if you include your name, contact as ‘‘confidential’’ will not be disclosed The purpose of the public workshop information, or other information that except in accordance with 21 CFR 10.20 is to obtain input from industry and identifies you in the body of your and other applicable disclosure law. For other interested stakeholders on the comments, that information will be more information about FDA’s posting identification of generic drug science posted on https://www.regulations.gov. of comments to public dockets, see 80 and research initiatives for FY 2022. • If you want to submit a comment FR 56469, September 18, 2015, or access FDA is particularly interested in with confidential information that you the information at: https:// receiving input in the following five do not wish to be made available to the www.govinfo.gov/content/pkg/FR-2015- topic areas: public, submit the comment as a 09-18/pdf/2015-23389.pdf. 1. What research is needed to written/paper submission and in the Docket: For access to the docket to determine how formulation differences manner detailed (see ‘‘Written/Paper read background documents or the in generic injectable products (that are Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments not qualitatively (Q1) and quantitatively received, go to https:// (Q2) the same as their reference listed Written/Paper Submissions www.regulations.gov and insert the drug products) affect the substitutability Submit written/paper submissions as docket number, found in brackets in the of these products? follows: heading of this document, into the 2. What research is needed to prepare • Mail/Hand Delivery/Courier (for ‘‘Search’’ box and follow the prompts for generic versions of oligonucleotide written/paper submissions): Dockets and/or go to the Dockets Management drug products (e.g., siRNA, chemically Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, modified, antisense oligonucleotides)? Drug Administration, 5630 Fishers Rockville, MD 20852, 240–402–7500. 3. What research relating to artificial Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Sam intelligence (including machine • For written/paper comments Raney, Center for Drug Evaluation and learning) and/or the use of integrated submitted to the Dockets Management Research, Food and Drug data from multiple areas may facilitate Staff, FDA will post your comment, as Administration, 10903 New Hampshire and modernize the development of well as any attachments, except for Ave., Bldg. 75, Rm. 4706, Silver Spring, generic products? information submitted, marked and MD 20993, 240–402–7967, 4. What research is needed to bridge identified, as confidential, if submitted [email protected]; or the gap between existing scientific as detailed in ‘‘Instructions.’’ Robert Lionberger, Center for Drug insights from GDUFA-funded research Instructions: All submissions received Evaluation and Research, Food and (e.g., related to product characterization must include the Docket No. FDA– Drug Administration, 10903 New techniques or modeling and simulation 2017–N–6644 for ‘‘FY 2021 Generic Hampshire Ave., Bldg. 75, Rm. 4722, tools) and the development of suitable Drug Science and Research Initiatives Silver Spring, MD 20993, 240–402– test procedures, study designs, model Workshop; Public Workshop; Request 7957, [email protected]. integrated evidence, and/or approaches for Comments.’’ Received comments, SUPPLEMENTARY INFORMATION: for developing generic products? those filed in a timely manner (see 5. What research is needed to support ADDRESSES), will be placed in the docket I. Background identification of best bioequivalence and, except for those submitted as In July 2012, Congress passed the practices and convergence of global ‘‘Confidential Submissions,’’ publicly Generic Drug User Fee Amendments of bioequivalence standards? viewable at https://www.regulations.gov 2012 (GDUFA I) (Pub. L. 112–144). Specific presentations and or at the Dockets Management Staff GDUFA I was designed to enhance discussions at this workshop will be between 9 a.m. and 4 p.m., Monday public access to safe, high-quality announced at a later date and may differ through Friday, 240–402–7500. generic drugs and to modernize the from the topics above, however, input in • Confidential Submissions—To generic drug program. To support this the above topic areas will help the submit a comment with confidential goal, FDA agreed in the GDUFA I Agency identify and expand our information that you do not wish to be commitment letter to work with scientific focus for the next fiscal year. made publicly available, submit your industry and interested stakeholders on FDA will consider all comments made comments only as a written/paper identifying science and research at this workshop or received through the submission. You should submit two initiatives specific to generic drugs for docket (see ADDRESSES) as it develops its copies total. One copy will include the each fiscal year covered by GDUFA I. FY 2022 science and research information you claim to be confidential In August 2017, GDUFA I was initiatives. Information concerning the with a heading or cover note that states reauthorized until September 2022 science and research initiatives for ‘‘THIS DOCUMENT CONTAINS through the Generic Drug User Fee generic drugs can be found at https:// CONFIDENTIAL INFORMATION.’’ The Amendments of 2017 (GDUFA II) (Pub. www.fda.gov/gdufaregscience. Agency will review this copy, including L. 115–52). In the GDUFA II the claimed confidential information, in III. Participating in the Public commitment letter,1 FDA agreed to its consideration of comments. The Workshop conduct annual public workshops ‘‘to second copy, which will have the Registration: Registration is free. solicit input from industry and claimed confidential information Persons interested in attending this stakeholders for inclusion in an annual redacted/blacked out, will be available public workshop must register online at for public viewing and posted on 1 The GDUFA II commitment letter is available at https://www.fda.gov/drugs/news-events- https://www.regulations.gov. Submit https://www.fda.gov/downloads/ForIndustry/ human-drugs/fy-2021-generic-drug- both copies to the Dockets Management UserFees/GenericDrugUserFees/UCM525234.pdf. science-and-research-initiatives-public- VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15685 workshop-06232021-06232021. Adobe Connect system and displayed in instructions for submitting comments. Registration may be performed at any real time. The closed caption scrolling Comments submitted electronically, time before or during the workshop. text will also display when streaming including attachments, to https:// Requests for Oral Presentations: the recorded presentations for viewing www.regulations.gov will be posted to During online registration you may at a later date. the docket unchanged. Because your indicate if you wish to present your Dated: March 19, 2021. comment will be made public, you are public comments. Public comment solely responsible for ensuring that your Lauren K. Roth, presentation requests must be submitted comment does not include any by 11:59 p.m. Eastern Time at the end Acting Principal Associate Commissioner for confidential information that you or a Policy. of April 30, 2021. We will do our best third party may not wish to be posted, to accommodate requests to make public [FR Doc. 2021–06096 Filed 3–23–21; 8:45 am] such as medical information, your or comments. Individuals and BILLING CODE 4164–01–P anyone else’s Social Security number, or organizations with common interests are confidential business information, such urged to consolidate or coordinate their as a manufacturing process. Please note DEPARTMENT OF HEALTH AND presentations, and request time for a that if you include your name, contact HUMAN SERVICES joint presentation, or submit requests for information, or other information that designated representatives to participate Food and Drug Administration identifies you in the body of your in the workshop. Following the close of comments, that information will be registration on April 30, 2021, at 11:59 [Docket No. FDA–2020–N–1862] posted on https://www.regulations.gov. p.m. Eastern Time, we will determine • If you want to submit a comment the amount of time allotted to each The Drug Supply Chain Security Act with confidential information that you presenter and the approximate time Pilot Project Program and Enhanced do not wish to be made available to the each oral presentation is to begin; we Drug Distribution Security; Public public, submit the comment as a will select and notify participants by Meeting; Reopening of the Comment written/paper submission and in the May 21, 2021. All requests to make oral Period manner detailed (see ‘‘Written/Paper presentations must be received by the AGENCY: Food and Drug Administration, Submissions’’ and ‘‘Instructions’’). close of registration on April 30, 2021. HHS. Written/Paper Submissions If selected for presentation, any ACTION: presentation materials must be emailed Notice; reopening of the Submit written/paper submissions as to GDUFARegulatoryScience@ comment period. follows: • Mail/Hand Delivery/Courier (for fda.hhs.gov no later than June 18, 2021, SUMMARY: The Food and Drug written/paper submissions): Dockets 11:59 p.m. Eastern Time. No Administration (FDA or the Agency) is Management Staff (HFA–305), Food and commercial or promotional material reopening the comment period for the Drug Administration, 5630 Fishers will be permitted to be presented or notice entitled ‘‘The Drug Supply Chain distributed at the public workshop. Lane, Rm. 1061, Rockville, MD 20852. Security Act Pilot Project Program and • For written/paper comments Streaming Webcast of the Public Enhanced Drug Distribution Security; Workshop: This public workshop will submitted to the Dockets Management Public Meeting; Request for Comments’’ Staff, FDA will post your comment, as be webcast. Please register online (as that appeared in the Federal Register of described above) to attend the workshop well as any attachments, except for October 28, 2020. The Agency is taking remotely. Unless scheduled to information submitted, marked and this action to allow interested persons participate in advance, attendees will identified, as confidential, if submitted additional time to submit comments. not be able to speak or make as detailed in ‘‘Instructions.’’ presentations during the public DATES: FDA is reopening the comment Instructions: All submissions received comment period or during any other period for the notice published on must include the Docket No. FDA– session of the workshop. To join the October 28, 2020 (85 FR 68342). Submit 2020–N–1862 for ‘‘The Drug Supply workshop via the webcast, please go to either electronic or written comments Chain Security Act Pilot Project https://www.fda.gov/drugs/news-events- by June 22, 2021 to ensure that the Program and Enhanced Drug human-drugs/fy-2021-generic-drug- Agency considers your comment. Distribution Security; Public Meeting; science-and-research-initiatives-public- ADDRESSES: You may submit comments Reopening of Comment Period.’’ workshop-06232021-06232021. as follows. Please note that late, Received comments, those filed in a If you have never attended a Connect untimely filed comments will not be timely manner (see ADDRESSES), will be Pro event before, test your connection at considered. Electronic comments must placed in the docket and, except for https://collaboration.fda.gov/common/ be submitted on or before June 22, 2021. those submitted as ‘‘Confidential help/en/support/meeting_test.htm. To The https://www.regulations.gov Submissions,’’ publicly viewable at get a quick overview of the Connect Pro electronic filing system will accept https://www.regulations.gov or at the program, visit https://www.adobe.com/ comments until 11:59 p.m. Eastern Time Dockets Management Staff between 9 go/connectpro_overview. FDA has at the end of June 22, 2021. Comments a.m. and 4 p.m., Monday through verified the website addresses in this received by mail/hand delivery/courier Friday, 240–402–7500. document, as of the date this document (for written/paper submissions) will be • Confidential Submissions—To publishes in the Federal Register, but considered timely if they are submit a comment with confidential websites are subject to change over time. postmarked or the delivery service information that you do not wish to be Transcripts: As soon as a transcript of acceptance receipt is on or before that made publicly available, submit your the public workshop is available, it will date. comments only as a written/paper be accessible at https:// submission. You should submit two www.regulations.gov or at https:// Electronic Submissions copies total. One copy will include the www.fda.gov/gdufaregscience. It may be Submit electronic comments in the information you claim to be confidential viewed at the Dockets Management Staff following way: with a heading or cover note that states (see ADDRESSES). Closed caption • Federal eRulemaking Portal: ‘‘THIS DOCUMENT CONTAINS scrolling text will be generated by the https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15686 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices Agency will review this copy, including Dated: March 19, 2021. ACTION: Notice. the claimed confidential information, in Lauren K. Roth, SUMMARY: The Food and Drug its consideration of comments. The Acting Principal Associate Commissioner for second copy, which will have the Policy. Administration (FDA or Agency) is publishing a list of premarket approval claimed confidential information [FR Doc. 2021–06053 Filed 3–23–21; 8:45 am] applications (PMAs) that have been redacted/blacked out, will be available BILLING CODE 4164–01–P approved from October 1, 2018, through for public viewing and posted on December 31, 2020. This list is intended https://www.regulations.gov. Submit to inform the public of the availability both copies to the Dockets Management DEPARTMENT OF HEALTH AND HUMAN SERVICES of safety and effectiveness summaries of Staff. If you do not wish your name and approved PMAs through the internet contact information to be made publicly Food and Drug Administration and the Agency’s Dockets Management available, you can provide this Staff. information on the cover sheet and not [Docket Nos. FDA–2018–M–3841, FDA– 2018–M–3842, FDA–2018–M–3983, FDA– ADDRESSES: You may submit comments in the body of your comments and you as follows: must identify this information as 2018–M–4033, FDA–2018–M–4205, FDA– 2018–M–4580, FDA–2018–M–4582, FDA– Electronic Submissions ‘‘confidential.’’ Any information marked 2018–M–4665, FDA–2018–M–4777, FDA– as ‘‘confidential’’ will not be disclosed 2018–M–4778, FDA–2018–M–4779, FDA– Submit electronic comments in the except in accordance with 21 CFR 10.20 2018–M–4780, FDA–2018–M–4916, FDA– following way: and other applicable disclosure law. For 2019–M–0027, FDA–2019–M–0028, FDA– • Federal eRulemaking Portal: more information about FDA’s posting 2019–M–0505, FDA–2019–M–0645, FDA– https://www.regulations.gov. Follow the of comments to public dockets, see 80 2019–M–0802, FDA–2019–M–0885, FDA– instructions for submitting comments. FR 56469, September 18, 2015, or access 2019–M–0995, FDA–2019–M–1214, FDA– Comments submitted electronically, 2019–M–1251, FDA–2019–M–1310, FDA– including attachments, to https:// the information at: https:// 2019–M–1313, FDA–2019–M–1465, FDA– www.govinfo.gov/content/pkg/FR-2015- 2019–M–1506, FDA–2019–M–1582, FDA– www.regulations.gov will be posted to 09-18/pdf/2015-23389.pdf. 2019–M–1763, FDA–2019–M–1848, FDA– the docket unchanged. Because your Docket: For access to the docket to 2019–M–1979, FDA–2019–M–1998, FDA– comment will be made public, you are solely responsible for ensuring that your read background documents or the 2019–M–2052, FDA–2019–M–2193, FDA– 2019–M–2408, FDA–M–2522, FDA–2019–M– comment does not include any electronic and written/paper comments 2560, FDA–2019–M–2561, FDA–2019–M– confidential information that you or a received, go to https:// 2671, FDA–2019–M–2732, FDA–2019–M– third party may not wish to be posted, www.regulations.gov and insert the 2753, FDA–2019–M–2782, FDA–2019–M– such as medical information, your or docket number, found in brackets in the 3309, FDA–2019–M–3513, FDA–2019–M– anyone else’s Social Security number, or heading of this document, into the 3652, FDA–2019–M–3845, FDA–2019–M– 3863, FDA–2019–M–3844, FDA–2019–M– confidential business information, such ‘‘Search’’ box and follow the prompts as a manufacturing process. Please note and/or go to the Dockets Management 4007, FDA–2019–M–4153, FDA–2019–M– 4186, FDA–2019–M–4238, FDA–2019–M– that if you include your name, contact Staff, 5630 Fishers Lane, Rm. 1061, 4928, FDA–2019–M–4978, FDA–2019–M– information, or other information that Rockville, MD 20852, 240–402–7500. 5393, FDA–2019–M–5438, FDA–2019–M– identifies you in the body of your 5534, FDA–2019–M–5605, FDA–2019–M– FOR FURTHER INFORMATION CONTACT: comments, that information will be 5683, FDA–2019–M–5741, FDA–2019–M– posted on https://www.regulations.gov. 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SUPPLEMENTARY INFORMATION: In the 1286, FDA–2020–M–1290, FDA–2020–M– Written/Paper Submissions Federal Register of October 28, 2020 (85 1299, FDA–2020–M–1300, FDA–2020–M– FR 68342), FDA published a notice with 1311, FDA–2020–M–1358, FDA–2020–M– Submit written/paper submissions as a 60-day comment period to announce 1367, FDA–2020–M–1410, FDA–2020–M– follows: 1420, FDA–2020–M–1527, FDA–2020–M– • Mail/Hand Delivery/Courier (for and request comments on a virtual 1583, FDA–2020–M–1600, FDA–2020–M– public meeting entitled ‘‘The Drug written/paper submissions): Dockets 1612, FDA–2020–M–1613, FDA–2020–M– Management Staff (HFA–305), Food and Supply Chain Security Act Pilot Project 1715, FDA–2020–M–1724, FDA–2020–M– Program and Enhanced Drug 1726, FDA–2020–M–1748, FDA–2020–M– Drug Administration, 5630 Fishers 1752, FDA–2020–M–1760, FDA–2020–M– Lane, Rm. 1061, Rockville, MD 20852. Distribution Security’’ held on • December 8 and 9, 2020. FDA is 1821, FDA–2020–M–1783, FDA–2020–M– For written/paper comments submitted to the Dockets Management reopening the comment period until 1822, FDA–2020–M–1828, FDA–2020–M– 1830, FDA–2020–M–1829, FDA–2020–M– Staff, FDA will post your comment, as June 22, 2021. 1835, FDA–2020–M–1838, FDA–2020–M– well as any attachments, except for The Agency believes that an 1868, FDA–2020–M–1986, FDA–2020–M– information submitted, marked and additional 90 days will allow adequate 2021, FDA–2020–M–2288, FDA–2020–M– identified, as confidential, if submitted time for interested persons to submit 2248, and FDA–2020–M–2339] as detailed in ‘‘Instructions.’’ comments. Materials from the public Medical Devices; Availability of Safety Instructions: All submissions received meeting are on FDA’s website at https:// and Effectiveness Summaries for must include the Docket Nos. FDA– www.fda.gov/drugs/news-events- Premarket Approval Applications 2018–M–3841, FDA–2018–M–3842, human-drugs/drug-supply-chain- FDA–2018–M–3983, FDA–2018–M– security-act-pilot-project-program-and- AGENCY: Food and Drug Administration, 4033, FDA–2018–M–4205, FDA–2018– enhanced-drug-distribution-security. HHS. M–4580, FDA–2018–M–4582, FDA– VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15687 2018–M–4665, FDA–2018–M–4777, FDA–2020–M–1835, FDA–2020–M– received, go to https:// FDA–2018–M–4778, FDA–2018–M– 1838, FDA–2020–M–1868, FDA–2020– www.regulations.gov and insert the 4779, FDA–2018–M–4780, FDA–2018– M–1986, FDA–2020–M–2021, FDA– docket number, found in brackets in the M–4916, FDA–2019–M–0027, FDA– 2020–M–2288, FDA–2020–M–2248, and heading of this document, into the 2019–M–0028, FDA–2019–M–0505, FDA–2020–M–2339 for ‘‘Medical ‘‘Search’’ box and follow the prompts FDA–2019–M–0645, FDA–2019–M– Devices; Availability of Safety and and/or go to the Dockets Management 0802, FDA–2019–M–0885, FDA–2019– Effectiveness Summaries for Premarket Staff, 5630 Fishers Lane, Rm. 1061, M–0995, FDA–2019–M–1214, FDA– Approval Applications.’’ Received Rockville, MD 20852, 240–402–7500. 2019–M–1251, FDA–2019–M–1310, comments will be placed in the docket FOR FURTHER INFORMATION CONTACT: FDA–2019–M–1313, FDA–2019–M– and, except for those submitted as Dharmesh Patel, Center for Devices and 1465, FDA–2019–M–1506, FDA–2019– ‘‘Confidential Submissions,’’ publicly Radiological Health, Food and Drug M–1582, FDA–2019–M–1763, FDA– viewable at https://www.regulations.gov Administration, 10903 New Hampshire 2019–M–1848, FDA–2019–M–1979, or at the Dockets Management Staff Ave., Bldg. 66, Rm. 2434, Silver Spring, FDA–2019–M–1998, FDA–2019–M– between 9 a.m. and 4 p.m., Monday MD 20993–0002, 301–796–3289. 2052, FDA–2019–M–2193, FDA–2019– through Friday, 240–402–7500. M–2408, FDA–2019–M–2522, FDA– • Confidential Submissions—To SUPPLEMENTARY INFORMATION: 2019–M–2560, FDA–2019–M–2561, submit a comment with confidential I. Background FDA–2019–M–2671, FDA–2019–M– information that you do not wish to be 2732, FDA–2019–M–2753, FDA–2019– made publicly available, submit your In accordance with section 515(d)(4) M–2782, FDA–2019–M–3309, FDA– comments only as a written/paper and (e)(2) of the Federal Food, Drug, and 2019–M–3513, FDA–2019–M–3652, submission. You should submit two Cosmetic Act (FD&C Act) (21 U.S.C. FDA–M–3845, FDA–2019–M–3862, copies total. One copy will include the 360e(d)(4) and (e)(2)), notification of an FDA–2019–M–3863, FDA–2019–M– information you claim to be confidential order approving, denying, or 3844, FDA–2019–M–4007, FDA–2019– with a heading or cover note that states withdrawing approval of a PMA will M–4153, FDA–2019–M–4186, FDA– ‘‘THIS DOCUMENT CONTAINS continue to include a notice of 2019–M–4238, FDA–2019–M–4928, CONFIDENTIAL INFORMATION.’’ The opportunity to request review of the FDA–2019–M–4978, FDA–2019–M– Agency will review this copy, including order under section 515(g) of the FD&C 5393, FDA–2019–M–5438, FDA–2019– the claimed confidential information, in Act. The 30-day period for requesting M–5534, FDA–2019–M–5605, FDA– its consideration of comments. The reconsideration of an FDA action under 2019–M–5683, FDA–2019–M–5741, second copy, which will have the § 10.33(b) (21 CFR 10.33(b)) for notices FDA–2019–M–5857, FDA–2019–M– claimed confidential information announcing approval of a PMA begins 5961, FDA–2020–M–0097, FDA–2020– redacted/blacked out, will be available on the day the notice is published in the M–0107, FDA–2020–M–0108, FDA– for public viewing and posted on Federal Register. Section 10.33(b) 2020–M–0495, FDA–2020–M–0985, https://www.regulations.gov. Submit provides that FDA may, for good cause, FDA–2020–M–0984, FDA–2020–M– both copies to the Dockets Management extend this 30-day period. 0986, FDA–2020–M–1083, FDA–2020– Staff. If you do not wish your name and Reconsideration of a denial or M–1115, FDA–2020–M–1116, FDA– contact information to be made publicly withdrawal of approval of a PMA may 2020–M–1175, FDA–2020–M–1213, available, you can provide this be sought only by the applicant; in these FDA–2020–M–1214, FDA–2020–M– information on the cover sheet and not cases, the 30-day period will begin 1267, FDA–2020–M–1286, FDA–2020– in the body of your comments and you when the applicant is notified by FDA M–1290, FDA–2020–M–1299, FDA– must identify this information as in writing of its decision. 2020–M–1300, FDA–2020–M–1311, ‘‘confidential.’’ Any information marked The regulations provide that FDA FDA–2020–M–1358, FDA–2020–M– as ‘‘confidential’’ will not be disclosed publish a list of available safety and 1367, FDA–2020–M–1410, FDA–2020– except in accordance with 21 CFR 10.20 effectiveness summaries of PMA M–1420, FDA–2020–M–1527, FDA– and other applicable disclosure law. For approvals and denials that were 2020–M–1583, FDA–2020–M–1600, more information about FDA’s posting announced. The following is a list of FDA–2020–M–1612, FDA–2020–M– of comments to public dockets, see 80 approved PMAs for which summaries of 1613, FDA–2020–M–1715, FDA–2020– FR 56469, September 18, 2015, or access safety and effectiveness were placed on M–1724, FDA–2020–M–1726, FDA– the information at: https:// the internet from October 1, 2018, 2020–M–1748, FDA–2020–M–1752, www.govinfo.gov/content/pkg/FR-2015- through December 31, 2020. There were FDA–2020–M–1760, FDA–2020–M– 09-18/pdf/2015-23389.pdf. no denial actions during this period. 1821, FDA–2020–M–1783, FDA–2020– Docket: For access to the docket to The list provides the manufacturer’s M–1822, FDA–2020–M–1828, FDA– read background documents or the name, the product’s generic name or the 2020–M–1830, FDA–2020–M–1829, electronic and written/paper comments trade name, and the approval date. TABLE 1—LIST OF SAFETY AND EFFECTIVENESS SUMMARIES FOR APPROVED PMAS AND SAFETY AND PROBABLE BENEFIT SUMMARIES FOR APPROVED HDES MADE AVAILABLE FROM OCTOBER 1, 2018, THROUGH DECEMBER 31, 2020 PMA No., Docket No. Applicant Trade name Approval date P180003, FDA–2018–M–3841 Veryan Medical Ltd ...... BioMimics 3D Vascular Stent System ...... 10/4/2018 P150040/S003, FDA–2018– Carl Zeiss Meditec, Inc ...... VisuMax Femtosecond Laser ...... 10/4/2018 M–3842. P160054/S008, FDA–2018– Thoratec Corp ...... HeartMate 3 Left Ventricular Assist System ...... 10/18/2018 M–3983. P100040/S036, FDA–2018– Medtronic Vascular ...... Valiant NavionTM Thoracic Stent Graft System ...... 10/19/2018 M–4033. P180010, FDA–2018–M–4205 W.L. Gore & Associates, Inc .. GORE Carotid Stent ...... 11/1/2018 P150002, FDA–2018–M–4580 Cordis Corp ...... Cordis INCRAFT® AAA Stent Graft System ...... 11/27/2018 VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15688 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices TABLE 1—LIST OF SAFETY AND EFFECTIVENESS SUMMARIES FOR APPROVED PMAS AND SAFETY AND PROBABLE BENEFIT SUMMARIES FOR APPROVED HDES MADE AVAILABLE FROM OCTOBER 1, 2018, THROUGH DECEMBER 31, 2020— Continued PMA No., Docket No. Applicant Trade name Approval date P120016/S024, FDA–2018– Cardiva Medical, Inc ...... VASCADE® MVP Venous Vascular Closure System ...... 11/27/2018 M–4582. P180007, FDA–2018–M–4665 Spiration, Inc ...... Spiration® Valve System ...... 12/3/2018 P160034, FDA–2018–M–4672 Cardiac Science Corp ...... Powerheart® G3 Pro AED ...... 12/6/2018 P160033, FDA–2018–M–4675 Cardiac Science Corp ...... Powerheart® G5 AED, Powerheart® AED G3 Plus, And 12/7/2018 Powerheart® AED G3. P160043/S012, FDA–2018– Medtronic Vascular ...... Resolute OnyxTM Zotarolimus-Eluting Coronary Stent Sys- 12/14/2018 M–4777. tem. P110013/S088, FDA–2018– Medtronic Vascular ...... Resolute Integrity Zotarolimus-Eluting Coronary Stent Sys- 12/14/2018 M–4778. tem. P100018/S015, FDA–2018– Micro Therapeutics, Inc. d/b/a PipelineTM Flex Embolization Device ...... 12/14/2018 M–4779. ev3 Neurovascular. P150038/S006, FDA–2018– InSightec, Inc ...... Exablate Model 4000 Types 1.0 and 1.1 System (Exablate 12/16/2018 M–4780. Neuro). P170018, FDA–2018–M–4916 Physio-Control, Inc ...... LIFEPAK® CR2 Defibrillator ...... 12/21/2018 P170032, FDA–2019–M–0027 Sequent Medical, Inc ...... Woven EndoBridge (WEB) Aneurysm Embolization System 12/31/2018 P180001, FDA–2019–M–0028 William Cook Europe ApS ...... Zenith® Dissection Endovascular System ...... 12/31/2018 P170037, FDA–2019–M–0505 OPKO Diagnostics, LLC ...... Sangia Total PSA Test ...... 1/30/2019 P180025, FDA–19M–2526 ..... Essential Medical, Inc ...... MANTATM Vascular Closure Device ...... 2/1/2019 P170036, FDA–2019–M–0645 Spinal Kinetics LLC ...... M6–CTM Artificial Cervical Disc ...... 2/6/2019 P160050, FDA–2019–M–0802 Intrinsic Therapeutics ...... Barricaid® Anular Closure Device (ACD) ...... 2/8/2019 P170030, FDA–2019–M–0885 Biotronik, Inc...... Orsiro Sirolimus Eluting Coronary Stent System (Orsiro 2/22/2019 Stent System). P170042/S002, FDA–2019– C.R. Bard, Inc ...... COVERATM Vascular Covered Stent ...... 3/1/2019 M–0995. P160002/S009, FDA–2019– Ventana Medical System, Inc VENTANA PD–L1 (SP142) Assay ...... 3/8/2019 M–1310. P180037, FDA–2019–M–1214 Bard Peripheral Vascular, Inc. VENOVO Venous Stent System ...... 3/13/2019 (BPV). P100009/S028, FDA–2019– Abbott Vascular, Inc ...... MitraClip NT Clip Delivery System; MitraClip NTR/XTR Clip 3/14/2019 M–1251. Delivery System. P180036, FDA–2019–M–1313 Impulse Dynamics (USA), Inc OPTIMIZER Smart System ...... 3/21/2019 P180040, FDA–2019–M–1465 Fidia Pharma USA, Inc ...... TRILURONTM ...... 3/26/2019 P180032, FDA–2019–M–1506 Channel Medsystems, Inc ...... Cerene® Cryotherapy Device ...... 3/28/2019 P170027, FDA–2019–M–1582 TherOx, Inc ...... TherOx DownStream System ...... 4/2/2019 P180034, FDA–2019–M–1763 Intact Vascular, Inc ...... Tack Endovascular System® (6F) ...... 4/11/2019 P180043, FDA–2019–M–1979 QIAGEN Manchester Ltd ...... therascreen® FGFR RGQ RT–PCR Kit ...... 4/12/2019 P180024, FDA–2019–M–1848 BAROnova, Inc ...... TransPyloric Shuttle/TransPyloric Shuttle Delivery Device .... 4/16/2019 P180029, FDA–2019–M–1998 Boston Scientific Corp ...... LOTUS EdgeTM Valve System ...... 4/23/2019 P180014, FDA–2019–M–2052 XVIVO Perfusion, Inc ...... XVIVO Perfusion System (XPSTM) with STEEN SolutionTM 4/26/2019 Perfusate. P180013, FDA–2019–M–2193 Boston Scientific Corp ...... VICI VENOUS STENT® System ...... 5/2/2019 P180031, FDA–2019–M–2408 Stryker Neurovascular ...... Neuroform Atlas® Stent System ...... 5/16/2019 H180002, FDA–2019–M–2522 Novocure, Ltd ...... NovoTTFTM-100L System ...... 5/23/2019 P190001, FDA–2019–M–2560 QIAGEN GmbH ...... therascreen PIK3CA RGQ PCR Kit ...... 5/24/2019 P190004, FDA–2019–M–2561 QIAGEN GmbH ...... therascreen PIK3CA RGQ PCR Kit ...... 5/24/2019 P160013/S002, FDA–2019– TransMedics, Inc ...... Organ Care System (OCSTM) Lung System ...... 5/31/2019 M–2671. P160036, FDA–2019–M–2732 DT MedTech, LLC ...... Hintermann Series H3TM Total Ankle Replacement System .. 6/4/2019 P160048/S006, FDA–2019– Senseonics, Inc ...... Eversense Continuous Glucose Monitoring System ...... 6/6/2019 M–2753. P160029, FDA–2019–M–2782 Philips Medical Systems, Inc HeartStart OnSite Defibrillator (Model M5066A), HeartStart 6/6/2019 Home Defibrillator (Model M5068A), Primary Battery (Model M5070A), SMART Pads Cartridges (Adult Model M5071A) and Infant/Child (Model M5072A). P150013/S014, FDA–2019– Dako North America, Inc ...... PD–L1 IHC 22C3 pharmDx ...... 6/10/2019 M–3309. P000025/S104, FDA–2019– MED–EL Corp ...... MED–EL Cochlear Implant System ...... 7/19/2019 M–3513. P150013/S016, FDA–2019– Dako North America, Inc ...... PD–L1 1HC 22C3 pharmDx ...... 7/30/2019 M–3652. P140031/S085, FDA–2019– Edwards Lifesciences LLC ..... Edwards SAPIEN 3 Transcatheter Heart Valve System and 8/16/2019 M–3845. Edwards SAPIEN 3 Ultra Transcatheter Heart Valve Sys- tem. H190005, FDA–2019–M–3863 Zimmer Biomet Spine, Inc ...... The TetherTM—Vertebral Body Tethering System ...... 8/16/2019 P180050, FDA–2019–M–3862 CVRx, Inc ...... BAROSTIM NEO® System ...... 8/16/2019 P130021/S058, FDA–2019– Medtronic CoreValve LLC...... Medtronic CoreValve Evolut R System and Medtronic 8/16/2019 M–3844. CoreValve Evolut PRO System. H170001, FDA–2019–M–4007 ApiFix, Ltd ...... Minimally Invasive Deformity Correction (MID–C) System ..... 8/23/19 VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15689 TABLE 1—LIST OF SAFETY AND EFFECTIVENESS SUMMARIES FOR APPROVED PMAS AND SAFETY AND PROBABLE BENEFIT SUMMARIES FOR APPROVED HDES MADE AVAILABLE FROM OCTOBER 1, 2018, THROUGH DECEMBER 31, 2020— Continued PMA No., Docket No. Applicant Trade name Approval date P040020/S087, FDA–2019– Alcon Laboratories, Inc ...... AcrySof® IQ PanOptix® Trifocal Intraocular Lens (Model 8/26/2019 M–4153. TFNT00) and AcrySof® IQ PanOptix® Toric Trifocal Intra- ocular Lens (Models TFNT30, TFNT40, TFNT50 and TFNT60). P190006, FDA–2019–M–4186 Axonics Modulation Tech- Axonics Sacral Neuromodulation System ...... 9/6/2019 nologies, Inc. P930016/S057, FDA–2019– AMO Manufacturing USA, iDESIGN® Refractive Studio and STAR S4 IR® Excimer 9/9/2019 M–4238. LLC. Laser Systems. P190011, FDA–2019–M–4928 DiaSorin Inc ...... LIAISON XL MUREX HCV Ab LIAISON XL MUREX Control 10/18/2019 HCV Ab. P190014, FDA–2019–M–4978 Myriad Genetic Laboratories, Myriad myChoice® CDx ...... 10/23/2019 Inc. P180046, FDA–2019–M–5393 Axonics Modulation Tech- Axonics Sacral Neuromodulation System ...... 11/13/2019 nologies, Inc. P180035, FDA–2019–M–5438 CooperVision, Inc...... MiSight 1 Day (omafilcon A) Soft (Hydrophilic) Contact 11/15/2019 Lenses for Daily Wear. P190008, FDA–2019–M–5534 Medtronic, Inc ...... IN.PACTTM AV Paclitaxel-coated Percutaneous Transluminal 11/21/2019 Angioplasty (PTA) Balloon Catheter. P190016, FDA–2019–M–5605 Tusker Medical, Inc ...... Tula® System ...... 11/25/2019 P180047, FDA–2019–M–5683 DiaSorin, Inc ...... LIAISON QuantiFERON—TB Gold Plus, LIAISON Control 11/26/2019 QuantiFERON—TB Gold Plus and LIAISON QuantiFERON Software. P170019/S006, FDA–2019– Foundation Medicine, Inc ...... FoundationOne® CDx ...... 12/3/2019 M–5741. P170038, FDA–2019–M–5857 Abbott ...... CentriMag Circulatory Support System ...... 12/6/2019 P180027, FDA–2019–M–5961 MicroVention, Inc ...... Flow Re-Direction Endoluminal Device (FRED®) System ...... 12/16/2019 P140009/S039, FDA–2020– Abbott Medical, Inc ...... Abbott InfinityTM DBS System ...... 1/2/2020 M–0097. P180038, FDA–2020–M–0107 DiaSorin, Inc ...... LIAISON® XL MUREX Anti-HBc, LIAISON® XL MUREX 1/2/2020 Control Anti-HBc. P190018, FDA–2020–M–0108 Alcon Research, Inc ...... ClareonTM Aspheric Hydrophobic Acrylic Intraocular Lens 1/7/2020 (IOL) (Model Number: SY60WF); ClareonTM Toric Aspheric Hydrophobic Acrylic Intraocular Lens (IOL) (Model Numbers: CNW0T3, CNW0T4, CNW0T5, CNW0T6, CNW0T7, CNW0T8 and CNW0T9); ClareonTM Aspheric Hydrophobic Acrylic Intraocular Lens (IOL) with the AutonoMeTM Pre-loaded Delivery System (Model Number: CNA0T0); ClareonTM Toric Aspheric Hydrophobic Acrylic Intraocular Lens (IOL) with the AutonoMeTM Pre- loaded Delivery System (Model Numbers: CNA0T3, CNA0T4, CNA0T5, CNA0T6, CNA0T7, CNA0T8 and CNA0T9). P170023, FDA–2020–M–0495 Contura International A/S ...... Bulkamid® Urethral Bulking System ...... 1/28/2020 P170022, FDA–2020–M–0985 ARJ Medical, Inc ...... PyloPlus UBT System ...... 2/18/2020 P180039, FDA–2020–M–0984 DiaSorin Inc ...... LIAISON® XL MUREX Anti-HBs; LIAISON® XL MUREX 2/21/2020 Control Anti-HBs; LIAISON® XL MUREX Anti-HBs Verifiers. P930014/S126, FDA–2020– Alcon Laboratories, Inc ...... AcrySofTM IQ VivityTM Extended Vision Intraocular Lens 2/26/2020 M–0986. (Model DFT015); AcrySofTM IQ VivityTM Toric Extended Vision IOLs (DFT315, DFT 415, DFT515); AcrySofTM IQ VivityTM Extended Vision UV Absorbing IOL (DAT015); AcrySofTM IQ VivityTM Toric Extended Vision UV Absorb- ing IOLs (DAT315, DAT415, DAT515). P190024, FDA–2020–M–1083 Ventana Medical Systems, Inc CINtec® PLUS Cytology ...... 3/10/2020 P120006/S031, FDA–2020– Endologix, Inc ...... AltoTM Abdominal Stent Graft System ...... 3/13/2020 M–1126. P980033/S050, FDA–2020– Boston Scientific Corp ...... VENOUS WALLSTENT ...... 3/17/2020 M–1115. P970051/S172, FDA–2020– Cochlear Americas ...... Nucleus 24 Cochlear Implant System ...... 3/17/2020 M–1116. P190025, FDA–2020–M–1175 Abbott Molecular, Inc ...... Alinity m HCV ...... 3/23/2020 P140029/S021, FDA–2020– Q-Med AB, a Galderma affil- Restylane® Kysse ...... 3/26/2020 M–1214. iate. P190028, FDA–2020–M–1213 Roche Molecular Systems, Inc cobas HPV for use on the cobas 6800/8800 Systems ...... 4/3/2020 P190027, FDA–2020–M–1286 Intact Vascular, Inc ...... Tack Endovascular System® (4F, 1.5–4.5mm) ...... 4/10/2020 P050010/S020, FDA–2020– Centinel Spine, LLC ...... prodisc® L Total Disc Replacement ...... 4/10/2020 M–1267. P130008/S039, FDA–2020– Inspire Medical Systems, Inc Inspire® Upper Airway Stimulation (UAS) ...... 4/14/2020 M–1299. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15690 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices TABLE 1—LIST OF SAFETY AND EFFECTIVENESS SUMMARIES FOR APPROVED PMAS AND SAFETY AND PROBABLE BENEFIT SUMMARIES FOR APPROVED HDES MADE AVAILABLE FROM OCTOBER 1, 2018, THROUGH DECEMBER 31, 2020— Continued PMA No., Docket No. Applicant Trade name Approval date P190026, FDA–2020–M–1290 QIAGEN GmbH ...... therascreen® BRAF V600E RGQ PCR Kit ...... 4/15/2020 P170019/S013, FDA–2020– Foundation Medicine, Inc ...... FoundationOne® CDx (F1CDx) ...... 4/17/2020 M–1300. P190015, FDA–2020–M–1311 Bolton Medical Inc ...... TREO® Abdominal Stent-Graft System ...... 5/4/2020 P170019/S011, FDA–2020– Foundation Medicine, Inc ...... FoundationOne® CDx (F1CDx) ...... 5/6/2020 M–1358. P160028, FDA–2020–M–1367 Philips Medical Systems, Inc HeartStart FR3 Defibrillators Models 861388 (Text) and 5/11/2020 861389 (ECG Display), Primary Battery (Models 989803150161, 989803150171), Rechargeable Battery (Model 989803150241), Charger for the Rechargeable Battery (Model 861394), SmartPads III (Models 989803149981, 989803149991), DP pads (Models 989803158211, 989803158221), and Pediatric Key (Model 989803150031). P180028, FDA–2020–M–1368 Philips Medical Systems, Inc HeartStart FRx Defibrillator (861304), Primary Battery 5/11/2020 (M5070A), Aviation FRx Battery (989803139301), SMART Pads II (989803139261), and Infant/Child Key (989803139311). P150025/S013, FDA–2020– Dako North America, Inc ...... PD–L1 IHC 28–8 pharmDx ...... 5/15/2020 M–1410. P170019/S015, FDA–2020– Foundation Medicine, Inc ...... FoundationOne® CDx ...... 5/19/2020 M–1420. P110033/S047, FDA–2020– Allergan ...... JUVE´ DERM® VOLUMATM XC ...... 6/12/2020 M–1527. P190021, FDA–2020–M–1583 Mainstay Medical Ltd ...... ReActiv8 Implantable Neurostimulation System ...... 6/16/2020 P170019/S016, FDA–2020– Foundation Medicine, Inc ...... FoundationOne® CDx (F1CDx) ...... 6/16/2020 M–1612. P200014, FDA–2020–M–1600 Roche Molecular Systems, Inc cobas® EZH2 Mutation Test ...... 6/18/2020 P100010/S098, FDA–2020– Medtronic, Inc ...... Arctic Front AdvanceTM Cardiac Cryoablation Catheter Arctic 6/23/2020 M–1613. Front Advance ProTM Cardiac Cryoablation Catheters FreezorTM MAX Cardiac Cryoablation Catheter CryoConsole Manual Retraction Kit. P130013/S035, FDA–2020– Boston Scientific Corp ...... WATCHMAN FLX Left Atrial Appendage Closure Device 7/21/2020 M–1715. with Delivery System and WATCHMAN Left Atrial Ap- pendage Closure Device with Delivery System. P190031, FDA–2020–M–1724 Ventana Medical Systems, Inc VENTANA HER2 Dual ISH DNA Probe Cocktail ...... 7/28/2020 P180031/S001, FDA–2020– Stryker Neurovascular ...... Neuroform Atlas® Stent System ...... 7/30/2020 M–1726. P200010, FDA–2020–M–1748 Guardant Health, Inc ...... Guardant360® CDx ...... 8/7/2020 P190007, FDA–2020–M–1752 Cardinal Health ...... KendallTM Multi-Function Defibrillation Electrodes, Medi- 8/7/2020 TraceTM Cadence Multi-Function Defibrillation Electrodes, Physio-Control/Stryker QUIK–COMBO Pacing/ Defibrillation/ECG Electrodes. P150003/S058, FDA–2020– Boston Scientific Corp ...... SYNERGYTM Everolimus-Eluting Platinum Chromium Coro- 8/10/2020 M–1760. nary Stent System (MonorailTM); SYNERGYTM Everolimus-Eluting Platinum Chromium Coronary Stent System (Over-The-WireTM); SYNERGYTM XD Everolimus- Eluting Platinum Chromium Coronary Stent System (Mon- orailTM). P190032, FDA–2020–M–1821 Foundation Medicine, Inc ...... FoundationOne Liquid CDx ...... 8/26/2020 P180048, FDA–2020–M–1783 Diasorin, Inc ...... LIAISON® XL MUREX HBeAg, LIAISON® XL MUREX Con- 8/29/2020 trol HBeAg. P180049, FDA–2020–M–1822 Diasorin, Inc ...... LIAISON® XL MUREX anti-HBe, LIAISON® XL MUREX 8/29/2020 Control Anti-HBe. P180045, FDA–2020–M–1828 Diasorin, Inc ...... LIAISON® XL MUREX HBc IgM, LIAISON® XL MUREX 8/29/2020 Control HBc IgM. P200013, FDA–2020–M–1830 Abbott Molecular, Inc ...... Alinity m HBV ...... 8/29/2020 P190017, FDA–2020–M–1829 Diasorin, Inc ...... LIAISON® XL MUREX HBsAg Qual; LIAISON® MUREX 8/29/2020 Control HBsAg Qual; LIAISON® XL MUREX HBsAg Con- firmatory Test. P200015, FDA–2020–M–1835 Edwards Lifesciences, LLC .... Edwards SAPIEN 3 Transcatheter Heart Valve System with 8/31/2020 Edwards Commander Delivery System. P160017/S076, FDA–2020– Medtronic Minimed, Inc ...... MiniMed 770G System ...... 8/31/2020 M–1838. P140031/S112, FDA–2020– Edwards Lifesciences, LLC.... Edwards SAPIEN 3 and SAPIEN 3 Ultra Transcatheter 9/9/2020 M–1868. Heart Valve System. P200022, FDA–2020–M–1986 Simplify Medical, Inc ...... Simplify® Cervical Artificial Disc ...... 9/18/2020 P160042/S010, FDA–2020– Prollenium Medical Tech- Revanesse® Lips+ ...... 9/21/2020 M–2021. nologies, Inc. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15691 TABLE 1—LIST OF SAFETY AND EFFECTIVENESS SUMMARIES FOR APPROVED PMAS AND SAFETY AND PROBABLE BENEFIT SUMMARIES FOR APPROVED HDES MADE AVAILABLE FROM OCTOBER 1, 2018, THROUGH DECEMBER 31, 2020— Continued PMA No., Docket No. Applicant Trade name Approval date H190001, FDA–2020–M–2248 HDL Therapeutics, Inc ...... Plasma Delipidation System (PDS–2TM System) ...... 12/1/2020 P190030, FDA–2020–M–2288 Theragen, Inc ...... ActaStim-S Spine Fusion Stimulator ...... 12/9/20 P200030, FDA–2020–M–2339 W. L. Gore and Associates, GORE® EXCLUDER® Conformable AAA Endoprosthesis 12/22/20 Inc. (EXCC). II. Electronic Access this notice. The statement should include the DEPARTMENT OF HOMELAND Persons with access to the internet name, address, telephone number and when SECURITY may obtain the documents at https:// applicable, the business or professional affiliation of the interested person. Federal Emergency Management www.fda.gov/MedicalDevices/ Agency ProductsandMedicalProcedures/Device (Catalogue of Federal Domestic Assistance ApprovalsandClearances/ Program Nos. 93.14, Intramural Research Docket ID: FEMA–2020–0036; OMB No. PMAApprovals/default.htm. Training Award; 93.22, Clinical Research 1660–0105] Loan Repayment Program for Individuals Dated: March 15, 2021. from Disadvantaged Backgrounds; 93.232, Agency Information Collection Lauren K. Roth, Loan Repayment Program for Research Activities: Submission for OMB Acting Principal Associate Commissioner for Generally; 93.39, Academic Research Review; Comment Request; National Policy. Enhancement Award; 93.936, NIH Acquired Household Survey on Disaster [FR Doc. 2021–06052 Filed 3–23–21; 8:45 am] Immunodeficiency Syndrome Research Loan Preparedness BILLING CODE 4164–01–P Repayment Program; 93.187, Undergraduate Scholarship Program for Individuals from AGENCY: Federal Emergency Disadvantaged Backgrounds, National Management Agency, Department of DEPARTMENT OF HEALTH AND Institutes of Health, HHS) Homeland Security. ACTION: 30-Day notice of revision and HUMAN SERVICES Dated: March 18, 2021. request for comments. National Institutes of Health Patricia B. Hansberger, Supervisory Program Analyst, Office of SUMMARY: The Federal Emergency Office of the Director, National Federal Advisory Committee Policy. Management Agency (FEMA), as part of Institutes of Health; Notice of Meeting [FR Doc. 2021–06021 Filed 3–23–21; 8:45 am] its continuing effort to reduce BILLING CODE 4140–01–P paperwork and respondent burden, Pursuant to section 10(a) of the invites the general public to take this Federal Advisory Committee Act, as opportunity to comment on a revision of amended, notice is hereby given of a a currently approved information meeting of the NIH Clinical Center DEPARTMENT OF HEALTH AND HUMAN SERVICES collection. In accordance with the Research Hospital Board. Paperwork Reduction Act of 1995, this The meeting will be held as a virtual National Institutes of Health notice seeks comments concerning the meeting and open to the public. charge to FEMA and the Department of Individuals who plan to view the virtual National Institute of Diabetes and Homeland Security (DHS) to meet meeting and need special assistance or Digestive and Kidney Diseases; FEMA strategic priorities, and FEMA’s other reasonable accommodations to Amended Notice of Meeting program management to improve the view the meeting should notify the public’s knowledge and actions for Contact Person listed below in advance Notice is hereby given of a change in preparedness and resilience. of the meeting. The meeting can be the meeting of the National Diabetes and Information from this collection will be accessed from the NIH Videocast Digestive and Kidney Diseases Advisory used to track changes in knowledge, https://videocast.nih.gov/ and the Council, May 12, 2021, 10:00 a.m. to attitudes, and behaviors related to CCRHB website https:// May 13, 2021, 01:45 p.m., National preparedness in the general public. The ccrhb.od.nih.gov/meetings.html. Institutes of Health, Two Democracy Individual and Community Name of Committee: NIH Clinical Center Plaza, 6707 Democracy Boulevard, Preparedness Division analyzes and Research Hospital Board. Bethesda, MD, 20892 which was uses data collected in FEMA Form 008– Date: April 23, 2021. published in the Federal Register on 0–15, National Disaster Preparedness Time: 9:00 a.m. to 1:00 p.m. December 28, 2020, 85 FR 84358. Survey to identify progress and gaps in Agenda: Clinical Center CEO Update, Patient Safety and Clinical Quality Update, This notice is being amended to individual and community other business of the Board. change the meeting time from 10:00 preparedness to better understand the Place: National Institutes of Health, a.m.–1:15 p.m. on May 12, 2021 to 10:00 motivators and barriers to preparedness Building 1, 9000 Rockville Pike, Bethesda, a.m.–3:00 p.m. on May 12, 2021. The in general and about specific hazards. MD 20892 (Virtual Meeting). meeting is to the public. The survey measures the public’s Contact Person: Gretchen Wood, Staff knowledge, attitudes, and behaviors Assistant, National Institutes of Health, Dated: March 18, 2021. relative to preparing for a wide range of Office of the Director, One Center Drive, Miguelina Perez, hazards. Building 1, Room 126, Bethesda, MD 20892, 301–496–4272, [email protected]. Program Analyst, Office of Federal Advisory DATES: Comments must be submitted on Committee Policy. Any interested person may file written or before April 23, 2021. comments with the committee by forwarding [FR Doc. 2021–06020 Filed 3–23–21; 8:45 am] ADDRESSES: Written comments and the statement to the Contact Person listed on BILLING CODE 4140–01–P recommendations for the proposed VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15692 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices information collection should be sent Estimated Total Annual Cost to the categories of respondents, the estimated within 30 days of publication of this Federal Government: $281,334. burden (i.e., the time, effort, and notice to www.reginfo.gov/public/do/ resources used by the respondents to Comments PRAMain. Find this particular respond), the estimated cost to the information collection by selecting Comments may be submitted as respondent, and the actual information ‘‘Currently under 30-day Review—Open indicated in the ADDRESSES caption collection instruments. for Public Comments’’ or by using the above. Comments are solicited to (a) DATES: Comments are encouraged and search function. evaluate whether the proposed data will be accepted for 60 days until May FOR FURTHER INFORMATION CONTACT: collection is necessary for the proper 24, 2021. performance of the agency, including Requests for additional information or ADDRESSES: All submissions received whether the information shall have copies of the information collection must include the OMB Control Number practical utility; (b) evaluate the should be made to Director, Information 1615–0050 in the body of the letter, the accuracy of the agency’s estimate of the Management Division, 500 C Street SW, agency name and Docket ID USCIS– burden of the proposed collection of Washington, DC 20472, email address 2007–0020. Submit comments via the information, including the validity of FEMA-Information-Collections- Federal eRulemaking Portal website at the methodology and assumptions used; [email protected], or Joseph https://www.regulations.gov under e- (c) enhance the quality, utility, and Faulk, Preparedness Data Lead, Docket ID number USCIS–2007–0020. clarity of the information to be Individual and Community USCIS is limiting communications for collected; and (d) minimize the burden Preparedness Division, joseph.faulk@ this Notice as a result of USCIS’ COVID– of the collection of information on those fema.dhs.gov, 202–212–7723. 19 response actions. who are to respond, including through SUPPLEMENTARY INFORMATION: This FOR FURTHER INFORMATION CONTACT: the use of appropriate automated, proposed information collection electronic, mechanical, or other USCIS, Office of Policy and Strategy, previously published in the Federal technological collection techniques or Regulatory Coordination Division, Register on Thursday, November 5, other forms of information technology, Samantha Deshommes, Chief, telephone 2020, at 85 FR 70645 with a 60 day e.g., permitting electronic submission of number (240) 721–3000 (This is not a public comment period. No comments responses. toll-free number. Comments are not were received. The purpose of this accepted via telephone message). Please notice is to notify the public that FEMA Millicent L. Brown, note contact information provided here will submit the information collection Senior Manager, Records Management is solely for questions regarding this abstracted below to the Office of Branch, Office of the Chief Administrative notice. It is not for individual case Management and Budget for review and Officer, Mission Support, Federal Emergency status inquiries. Applicants seeking clearance. Management Agency, Department of information about the status of their Homeland Security. Collection of Information individual cases can check Case Status [FR Doc. 2021–06070 Filed 3–23–21; 8:45 am] Online, available at the USCIS website Title: National Household Survey on BILLING CODE 9111–27–P at https://www.uscis.gov, or call the Disaster Preparedness. USCIS Contact Center at 800–375–5283 Type of information collection: (TTY 800–767–1833). Revision of a currently approved DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: information collection. SECURITY OMB Number: 1660–0105. Comments Form Titles and Numbers: FEMA U.S. Citizenship and Immigration You may access the information Form 008–0–FY–21–103, FEMA Form Services collection instrument with instructions 008–0–FY–21–104. [OMB Control Number 1615–0050] or additional information by visiting the Abstract: In accordance with the Federal eRulemaking Portal site at: Paperwork Reduction Act of 1995, this Agency Information Collection https://www.regulations.gov and collection assists FEMA’s Individual Activities; Extension, Without Change, entering USCIS–2007–0020 in the and Community Preparedness Division of a Currently Approved Collection: search box. All submissions will be to identify progress and gaps in citizen Request for Hearing on a Decision in posted, without change, to the Federal and community preparedness. Naturalization Proceedings Under eRulemaking Portal at https:// Affected Public: Individuals or Section 336 Households. www.regulations.gov, and will include Estimated Number of Respondents: AGENCY: U.S. Citizenship and any personal information you provide. 7,000. Immigration Services, Department of Therefore, submitting this information Estimated Number of Responses: Homeland Security. makes it public. You may wish to 7,000. ACTION: 60-Day notice. consider limiting the amount of Estimated Total Annual Burden personal information that you provide Hours: 1,250. SUMMARY: The Department of Homeland in any voluntary submission you make Estimated Total Annual Respondent Security (DHS), U.S. Citizenship and to DHS. DHS may withhold information Cost: $46,938. Immigration Services (USCIS) invites provided in comments from public Estimated Respondents’ Operation the general public and other Federal viewing that it determines may impact and Maintenance Costs: There are no agencies to comment upon this the privacy of an individual or is respondents’ Operation and proposed extension of a currently offensive. For additional information, Maintenance costs associated with this approved collection of information. In please read the Privacy Act notice that information collection. accordance with the Paperwork is available via the link in the footer of Estimated Respondents’ Capital and Reduction Act (PRA) of 1995, the https://www.regulations.gov. Start-Up Costs: There are no information collection notice is Written comments and suggestions recordkeeping, capital and start-up costs published in the Federal Register to from the public and affected agencies associated with this information obtain comments regarding the nature of should address one or more of the collection. the information collection, the following four points: VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15693 (1) Evaluate whether the proposed (6) An estimate of the total public this Notice as a result of USCIS’ COVID– collection of information is necessary burden (in hours) associated with the 19 response actions. for the proper performance of the collection: The total estimated annual FOR FURTHER INFORMATION CONTACT: functions of the agency, including hour burden associated with this USCIS, Office of Policy and Strategy, whether the information will have collection is 13,575 hours. Regulatory Coordination Division, practical utility; (7) An estimate of the total public Samantha Deshommes, Chief, telephone (2) Evaluate the accuracy of the burden (in cost) associated with the number (240) 721–3000 (This is not a agency’s estimate of the burden of the collection: The estimated total annual toll-free number. Comments are not proposed collection of information, cost burden associated with this accepted via telephone message). Please including the validity of the collection of information is $2,600,750. note contact information provided here methodology and assumptions used; Dated: March 18, 2021. is solely for questions regarding this (3) Enhance the quality, utility, and Samantha L Deshommes, notice. It is not for individual case clarity of the information to be Chief, Regulatory Coordination Division, status inquiries. Applicants seeking collected; and Office of Policy and Strategy, U.S. Citizenship information about the status of their (4) Minimize the burden of the and Immigration Services, Department of individual cases can check Case Status collection of information on those who Homeland Security. Online, available at the USCIS website are to respond, including through the [FR Doc. 2021–05984 Filed 3–23–21; 8:45 am] at https://www.uscis.gov, or call the use of appropriate automated, BILLING CODE 9111–97–P USCIS Contact Center at 800–375–5283 electronic, mechanical, or other (TTY 800–767–1833). technological collection techniques or SUPPLEMENTARY INFORMATION: other forms of information technology, DEPARTMENT OF HOMELAND e.g., permitting electronic submission of SECURITY Comments responses. You may access the information U.S. Citizenship and Immigration collection instrument with instructions Overview of This Information Services Collection or additional information by visiting the [OMB Control Number 1615–0026] Federal eRulemaking Portal site at: (1) Type of Information Collection: https://www.regulations.gov and Extension, Without Change, of a Agency Information Collection entering USCIS–2007–0021 in the Currently Approved Collection. Activities; Extension, Without Change, search box. All submissions will be (2) Title of the Form/Collection: of a Currently Approved Collection: posted, without change, to the Federal Request for Hearing on a Decision in Immigrant Petition by Alien Investor eRulemaking Portal at https:// Naturalization Proceedings Under www.regulations.gov, and will include Section 336. AGENCY: U.S. Citizenship and any personal information you provide. (3) Agency form number, if any, and Immigration Services, Department of Therefore, submitting this information the applicable component of the DHS Homeland Security. makes it public. You may wish to sponsoring the collection: N–336; ACTION: 60-Day notice. consider limiting the amount of USCIS. personal information that you provide SUMMARY: (4) Affected public who will be asked The Department of Homeland in any voluntary submission you make or required to respond, as well as a brief Security (DHS), U.S. Citizenship and to DHS. DHS may withhold information abstract: Primary: Individuals or Immigration Services (USCIS) invites provided in comments from public households. Form N–336 is used, by an the general public and other Federal viewing that it determines may impact individual whose Form N–400, agencies to comment upon this the privacy of an individual or is Application for Naturalization was proposed extension of a currently offensive. For additional information, denied, to request a hearing before an approved collection of information. In please read the Privacy Act notice that immigration officer on the denial of the accordance with the Paperwork is available via the link in the footer of N–400. USCIS uses the information Reduction Act (PRA) of 1995, the https://www.regulations.gov. submitted on Form N–336 to locate the information collection notice is Written comments and suggestions requestor’s file and schedule a hearing published in the Federal Register to from the public and affected agencies in the correct jurisdiction. It allows obtain comments regarding the nature of should address one or more of the USCIS to determine if there is an the information collection, the following four points: underlying Form N–400, Application for categories of respondents, the estimated (1) Evaluate whether the proposed Naturalization that was denied, to burden (i.e., the time, effort, and collection of information is necessary warrant the filing of Form N–336. The resources used by the respondents to for the proper performance of the information collected also allows USCIS respond), the estimated cost to the functions of the agency, including to determine if a member of the U.S. respondent, and the actual information whether the information will have armed forces has filed the appeal. collection instruments. practical utility; (5) An estimate of the total number of DATES: Comments are encouraged and (2) Evaluate the accuracy of the respondents and the amount of time will be accepted for 60 days until May agency’s estimate of the burden of the estimated for an average respondent to 24, 2021. proposed collection of information, respond: The estimated total number of ADDRESSES: All submissions received including the validity of the respondents for the information must include the OMB Control Number methodology and assumptions used; collection N–336 (paper filed) is 3,788 1615–0026 in the body of the letter, the (3) Enhance the quality, utility, and and the estimated hour burden per agency name and Docket ID USCIS– clarity of the information to be response is 2.75 hours; the estimated 2007–0021. Submit comments via the collected; and total number of respondents for the Federal eRulemaking Portal website at (4) Minimize the burden of the information collection N–336 (filed https://www.regulations.gov under e- collection of information on those who online) is 1,263 and the estimated hour Docket ID number USCIS–2007–0021. are to respond, including through the burden per response is 2.5 hours. USCIS is limiting communications for use of appropriate automated, VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15694 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices electronic, mechanical, or other DEPARTMENT OF HOMELAND eligibility, please visit the USCIS DED technological collection techniques or SECURITY web page at uscis.gov/humanitarian/ other forms of information technology, temporary-protected-status/deferred- e.g., permitting electronic submission of U.S. Citizenship and Immigration enforced-departure. You can find responses. Services specific information about DED for Venezuela by selecting ‘‘DED Granted Overview of This Information [CIS No. 2682–21; DHS Docket No. USCIS– 2021–0003] Country: Venezuela’’ from the menu on Collection the left of the DED web page. RIN 1615–ZB86 (1) Type of Information Collection: • If you have additional questions Extension, Without Change, of a Designation of Venezuela for about DED or TPS, please visit Currently Approved Collection. Temporary Protected Status and uscis.gov/tools. Our online virtual assistant, Emma, can answer many of (2) Title of the Form/Collection: Implementation of Employment your questions and point you to Immigrant Petition by Alien Investor. Authorization for Venezuelans Covered by Deferred Enforced Departure; additional information on our website. (3) Agency form number, if any, and Correction If you are unable to find your answers the applicable component of the DHS there, you may also call our USCIS sponsoring the collection: I–526; USCIS. AGENCY: U.S. Citizenship and Contact Center at 800–375–5283 (TTY Immigration Services (USCIS), 800–767–1833). (4) Affected public who will be asked Department of Homeland Security. or required to respond, as well as a brief • Applicants seeking information ACTION: Notice; correction. abstract: Primary: Individuals or about the status of their individual cases households. The form is used to petition SUMMARY: U.S. Citizenship and may check Case Status Online, available for classification as an alien Immigration Services (USCIS), a on the USCIS website at uscis.gov, or entrepreneur as provided by sections component of the Department of visit the USCIS Contact Center at 121(b) and 162(b) of the Immigration Homeland Security (DHS), is making uscis.gov/contactcenter. Act of 1990. The data collected on this corrections to the notice titled • Further information will also be form will be used by USCIS to ‘‘Designation of Venezuela for available at local USCIS offices upon determine eligibility for the requested Temporary Protected Status and publication of this notice. immigration benefit. Implementation of Employment SUPPLEMENTARY INFORMATION: On March Authorization for Venezuelans Covered (5) An estimate of the total number of 9, 2021, DHS published a notice in the by Deferred Enforced Departure’’ that respondents and the amount of time Federal Register at 86 FR 13574. USCIS estimated for an average respondent to published in the Federal Register on March 9, 2021. USCIS is correcting is making two corrections to that respond: The estimated total number of published notice. USCIS is correcting respondents for the information typographical errors in the Table 1— Mailing Addresses and Table 2— the zip code listed in Table 1—Mailing collection I–526 is 3,900 and the Addresses to read ‘‘60680’’ instead of estimated hour burden per response is Mailing Addresses sections of the notice. ‘‘60690’’ and to provide additional 1.83 hour. information in the Attn: line. USCIS is FOR FURTHER INFORMATION CONTACT: (6) An estimate of the total public also correcting the zip code listed in • You may contact Maureen Dunn, burden (in hours) associated with the Table 2—Mailing Addresses at page Division Chief, Office of Policy and collection: The total estimated annual 13579 to read ‘‘60680’’ instead of Strategy, U.S. Citizenship and ‘‘60680–6943’’ and to provide additional hour burden associated with this Immigration Services, Department of collection is 7,137 hours. information in the Attn: line. Although Homeland Security, by mail at 5900 USCIS has not encountered mail (7) An estimate of the total public Capital Gateway Drive, Camp Springs, delivery issues since the registration burden (in cost) associated with the MD 20746, or by phone at 800–375– period started on March 9, 2021, USCIS collection: The estimated total annual 5283. is making the corrections with this • For further information on TPS, cost burden associated with this Notice to formally update the March 9th including guidance on the registration collection of information is $4,290,000. publication. process and additional information on Dated: March 18, 2021. eligibility, please visit the USCIS TPS Corrections Samantha L Deshommes, web page at uscis.gov/tps. You can find Chief, Regulatory Coordination Division, specific information about Venezuela’s In FR Doc. 2021–04951, beginning on Office of Policy and Strategy, U.S. Citizenship TPS designation by selecting page 13574, in the Federal Register of and Immigration Services, Department of ‘‘Venezuela’’ from the menu on the left March 9, 2021, make the following Homeland Security. side of the TPS web page. corrections: [FR Doc. 2021–05987 Filed 3–23–21; 8:45 am] • For further information on DED, 1. On page 13578, Table 1 is corrected BILLING CODE 9111–97–P including additional information on to read as follows: TABLE 1—MAILING ADDRESSES If you live in: Then, mail your application to: Florida ...... For U.S. Postal Service (USPS): USCIS, Attn: TPS Venezuela, P.O. Box 20300, Phoenix, AZ 85036. For FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Venezuela (Box 20300), 1820 E Skyharbor Circle S, Suite 100, Phoenix, AZ 85034. Any other state ...... For U.S. Postal Service (USPS):, USCIS, Attn: TPS Venezuela, P.O. Box 805282, Chicago, IL 60680. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15695 TABLE 1—MAILING ADDRESSES—Continued If you live in: Then, mail your application to: For FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Venezuela (Box 805282), 131 South Dearborn—3rd Floor, Chicago, IL, 60603– 5517. 2. On page 13579, Table 2 is corrected to read as follows: TABLE 2—MAILING ADDRESSES If you are: Mail to: Mailing your form through the U.S. Postal Service ...... USCIS, Attn: DED Venezuela, P.O. Box 805283, Chicago, IL 60680. Using FedEx, UPS, or DHL ...... USCIS, Attn: DED Venezuela (Box 805283), 131 South Dearborn—3rd Floor, Chicago, IL 60603–5517. Samantha Deshommes, ADDRESSES: All submissions received provided in comments from public Chief, Regulatory Coordination Division, must include the OMB Control Number viewing that it determines may impact Office of Policy and Strategy, U.S. Citizenship 1615–0010 in the body of the letter, the the privacy of an individual or is and Immigration Services, U.S. Department agency name and Docket ID USCIS– offensive. For additional information, of Homeland Security. 2006–0050. Submit comments via the please read the Privacy Act notice that [FR Doc. 2021–06100 Filed 3–22–21; 8:45 am] Federal eRulemaking Portal website at is available via the link in the footer of BILLING CODE 9111–97–P https://www.regulations.gov under e- https://www.regulations.gov. Docket ID number USCIS–2006–0050. Written comments and suggestions USCIS is limiting communications for from the public and affected agencies DEPARTMENT OF HOMELAND this Notice as a result of USCIS’ COVID– should address one or more of the SECURITY 19 response actions. following four points: FOR FURTHER INFORMATION CONTACT: (1) Evaluate whether the proposed U.S. Citizenship and Immigration collection of information is necessary Services USCIS, Office of Policy and Strategy, Regulatory Coordination Division, for the proper performance of the [OMB Control Number 1615–0010] Samantha Deshommes, Chief, telephone functions of the agency, including number (240) 721–3000 (This is not a whether the information will have Agency Information Collection toll-free number. Comments are not practical utility; Activities; Extension, Without Change, accepted via telephone message). Please (2) Evaluate the accuracy of the of a Currently Approved Collection: note contact information provided here agency’s estimate of the burden of the Nonimmigrant Petition Based on is solely for questions regarding this proposed collection of information, Blanket L Petition notice. It is not for individual case including the validity of the methodology and assumptions used; AGENCY: U.S. Citizenship and status inquiries. Applicants seeking information about the status of their (3) Enhance the quality, utility, and Immigration Services, Department of clarity of the information to be individual cases can check Case Status Homeland Security. collected; and Online, available at the USCIS website ACTION: 60-Day notice. (4) Minimize the burden of the at https://www.uscis.gov, or call the collection of information on those who SUMMARY: The Department of Homeland USCIS Contact Center at 800–375–5283 Security (DHS), U.S. Citizenship and are to respond, including through the (TTY 800–767–1833). use of appropriate automated, Immigration Services (USCIS) invites SUPPLEMENTARY INFORMATION: the general public and other Federal electronic, mechanical, or other agencies to comment upon this Comments technological collection techniques or other forms of information technology, proposed extension of a currently You may access the information e.g., permitting electronic submission of approved collection of information. In collection instrument with instructions responses. accordance with the Paperwork or additional information by visiting the Reduction Act (PRA) of 1995, the Federal eRulemaking Portal site at: Overview of This Information information collection notice is https://www.regulations.gov and Collection published in the Federal Register to entering USCIS–2006–0050 in the (1) Type of Information Collection: obtain comments regarding the nature of search box. All submissions will be Extension, Without Change, of a the information collection, the posted, without change, to the Federal Currently Approved Collection. categories of respondents, the estimated eRulemaking Portal at https:// (2) Title of the Form/Collection: burden (i.e., the time, effort, and www.regulations.gov, and will include Nonimmigrant Petition Based on resources used by the respondents to any personal information you provide. Blanket L Petition. respond), the estimated cost to the Therefore, submitting this information (3) Agency form number, if any, and respondent, and the actual information makes it public. You may wish to the applicable component of the DHS collection instruments. consider limiting the amount of sponsoring the collection: I–129S; DATES: Comments are encouraged and personal information that you provide USCIS. will be accepted for 60 days until May in any voluntary submission you make (4) Affected public who will be asked 24, 2021. to DHS. DHS may withhold information or required to respond, as well as a brief VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15696 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices abstract: Primary: Business or other for- Management and Budget (OMB) The U.S. Department of Housing and profit. Employers seeking to classify emergency approval of the information Urban Development requests a clearance employees outside the United States as collection described in this notice. of this information collection request to executives, managers, or specialized DATES: Comments Due Date: March 31, allow for immediate outreach to Large knowledge professionals, as 2021. Covered Funds recipients, defined as nonimmigrant intra-company ADDRESSES: Interested persons are recipients of CARES Grant amounts over transferees pursuant to a previously invited to submit comments regarding $150,000. This information collection approved blanket petition under this proposal. Written comments and request will enable the U.S. Department sections 214(c)(2) and 101(a)(15)(L) of recommendations for the proposed of Housing and Urban Development the Act, may file this form. USCIS uses information collection should be sent (HUD) to collect the quarterly the information provided through this within 30 days of publication of this information required to be in form to assess whether the employee notice to OIRA_submission@ compliance with the requirements meets the requirements for L–1 omb.eop.gov or www.reginfo.gov/public/ outlined in section 15011 of the CARES classification under blanket L petition do/PRAMain. Find this particular Act. Reporting provisions include that approval. Submitting this information to information collection by selecting not later than 10 days after the end of USCIS is voluntary. USCIS may provide ‘‘Currently under 30-day Review—Open each calendar quarter, each covered the information provided through this for Public Comments’’ or by using the recipient shall submit to the agency and form to other Federal, State, local, and search function. the committee a report that contains (A) foreign government agencies and the total amount of large covered funds FOR FURTHER INFORMATION CONTACT: received from the agency; (B) the authorized organizations, and may also Anna Guido, Reports Management be made available, as appropriate, for amount of large covered funds received Officer, QDAM, Department of Housing that were expended or obligated for law enforcement purposes or in the and Urban Development, 451 7th Street interest of national security. each project or activity; (C) a detailed SW, Washington, DC 20410; email Anna list of all projects or activities for which (5) An estimate of the total number of Guido at [email protected] or respondents and the amount of time large covered funds were expended or telephone 202–402–5535. Persons with obligated, including (i) the name of the estimated for an average respondent to hearing or speech impairments may respond: The estimated total number of project or activity; (ii) a description of access this number through TTY by the project or activity; and (iii) the respondents for the information calling the toll-free Federal Relay collection I–129S is 75,000 and the estimated number of jobs created or Service at (800) 877–8339. This is not a retained by the project or activity. estimated hour burden per response is toll-free number. Copies of available 3 hours. The Director of the Office of documents submitted to OMB may be Management and Budget, in (6) An estimate of the total public obtained from Ms. Guido. burden (in hours) associated with the consultation with the Secretary of the SUPPLEMENTARY INFORMATION: collection: The total estimated annual This Treasury, the Administrator of the Small hour burden associated with this notice informs the public that HUD has Business Administration, and the collection is 225,000 hours. submitted to OMB a request for Chairperson of the Council of Economic (7) An estimate of the total public approval of the information collection Advisors, shall submit to the burden (in cost) associated with the described in Section A. appropriate congressional committees and publicly release on the website collection: The estimated total annual A. Overview of Information Collection established under section 15010(g) cost burden associated with this Title of Information Collection: collection of information is $36,750,000. quarterly reports that detail the impact Collection of Required Information for of programs funded through large Dated: March 18, 2021. CARES Act Quarterly Reporting. covered funds on employment, Samantha L Deshommes, OMB Approval Number: Pending. estimated economic growth, and other Chief, Regulatory Coordination Division, Type of Request New. key economic indicators, including Office of Policy and Strategy, U.S. Citizenship Form Number: Forms associated to information about impacted industries. and Immigration Services, Department of collections listed below. This information will be reported by Homeland Security. Description of the need for the the grant recipients to the program [FR Doc. 2021–05985 Filed 3–23–21; 8:45 am] information and proposed use: On offices within HUD, then aggregated BILLING CODE 9111–97–P March 27, 2020, the ‘‘Coronavirus Aid, with the related information already Relief, and Economic Security Act’’ being captured today. This aggregated (CARES Act) was signed into law. The information will form the required DEPARTMENT OF HOUSING AND CARES Act provided $12.4 billion in quarterly reporting for CARES Act funds URBAN DEVELOPMENT additional FY2020 funding for HUD to that HUD submits to the Pandemic prevent, prepare for, and respond to Response Accountability Committee [Docket No. FR–7034–N–14] COVID–19, including providing (PRAC). additional resources to meet emerging 7-Day Notice of Emergency Approval For those programs where this would needs, support existing rental assistance of an Information Collection: be an increase in the frequency of the programs, and to support capacity and Collection of Required Information for information currently reported by oversight. The award provides HUD CARES Act Quarterly Reporting, OMB moving from annual to quarterly recipients the flexibility to meet Control No.: 2535–XXXX reporting, the actual use of the evolving COVID–19 needs in their information currently collected is the AGENCY: Office of the Chief Information respective communities, including quarterly submission file to the PRAC. Officer, HUD. extending operational hours, increasing Respondents (i.e. affected public): The ACTION: Notice. staffing hours, purchasing additional respondents for this information equipment, enhancing workforce collection request are the HUD program SUMMARY: In accordance with the training and capacity development, and recipients of large covered funds Paperwork Reduction Act of 1995, HUD providing critical housing services to provided by the CARES ACT, as defined has requested from the Office of people during this pandemic. in the above section. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15697 Estimated Number of Respondents: Frequency of Response: This Related Forms and Processes There are an estimated 3,700 potential information is to be captured quarterly, Currently in Place: The following table respondents across all HUD programs as outlined in the reporting outlined the related forms that will be based on the obligations data from requirements section of the CARES Act. impacted as part of this collection effort: USASpending.gov as of March 4, 2021. Burden Hourly Information collection Number of Frequency Responses hour per Annual cost per Annual cost respondents of response per annum response burden hours response CDBG ...... 1,209 3 3,627 14.18 51,445 35.16 $1,808,794 ESG ...... 2,360 3 7,080 2.94 20,832 39.96 832,428 HOPWA ...... 128 3 384 6.97 2,676 25.35 67,849 Total ...... 3,697 3 11,091 ...... 74,953 ...... 2,709,071 *Please note: The table above is only reflective of the existing PRAs for CPD programs, with the total current number potential respondents across all HUD pro- grams (based on the obligations data from USASpending.gov as of March 4, 2021) is estimated to be 5,000. B. Solicitation of Public Comment DEPARTMENT OF THE INTERIOR impact of our information collection requirements and minimize the public’s This notice is soliciting comments Office of Surface Mining Reclamation reporting burden. It also helps the from members of the public and affected and Enforcement public understand our information parties concerning the collection of [S1D1S SS08011000 SX064A000 collection requirements and provide the information described in Section A on 211S180110; S2D2S SS08011000 requested data in the desired format. the following: SX064A000 21XS501520; OMB Control We are soliciting comments on the (1) Whether the proposed collection Number 1029–0036] proposed ICR that is described below. of information is necessary for the We are especially interested in public Agency Information Collection comment addressing the following proper performance of the functions of Activities; Surface Mining Permit the agency, including whether the issues: (1) Is the collection necessary to Applications—Minimum Requirements the proper functions of the agency; (2) information will have practical utility; for Reclamation and Operation Plan will this information be processed and (2) If the information will be AGENCY: used in a timely manner; (3) is the processed and used in a timely manner; Office of Surface Mining Reclamation and Enforcement, Interior. estimate of burden accurate; (4) how might the OSMRE enhance the quality, (3) The accuracy of the agency’s ACTION: Notice of information collection; utility, and clarity of the information to estimate of the burden of the proposed request for comment. collection of information; be collected; and (5) how might the SUMMARY: In accordance with the OSMRE minimize the burden of this (4) Ways to enhance the quality, collection on the respondents, including utility, and clarity of the information to Paperwork Reduction Act of 1995, we, the Office of Surface Mining through the use of information be collected; and Reclamation and Enforcement (OSMRE), technology. (5) Ways to minimize the burden of are proposing to renew an information Comments that you submit in the collection of information on those collection. response to this notice are a matter of who are to respond; including through DATES: Interested persons are invited to public record. We will include or the use of appropriate automated submit comments on or before May 24, summarize each comment in our request collection techniques or other forms of 2021. to OMB to approve this ICR. Before including your address, phone number, information technology, e.g., permitting ADDRESSES: Send your comments on email address, or other personal electronic submission of responses. this information collection request (ICR) identifying information in your by mail to Mark Gehlhar, Office of HUD encourages interested parties to comment, you should be aware that Surface Mining Reclamation and submit comment in response to these your entire comment—including your Enforcement, 1849 C Street NW, Room questions. personal identifying information—may 4556–MIB, Washington, DC 20240, or by be made publicly available at any time. Authority: Section 3507 of the Paperwork email to [email protected]. Please While you can ask us in your comment Reduction Act of 1995, 44 U.S.C. Chapter 35. reference OMB Control Number 1029– to withhold your personal identifying 0036 in the subject line of your Anna Guido, information from public review, we comments. Department Reports Management Officer, cannot guarantee that we will be able to Office of the Chief Information Officer. FOR FURTHER INFORMATION CONTACT: To do so. [FR Doc. 2021–06015 Filed 3–23–21; 8:45 am] request additional information about Abstract: Sections 507(b), 508(a), BILLING CODE 4210–67–P this ICR, contact Mark Gehlhar by email 510(b), 515(b) and (d), and 522 of the at [email protected], or by telephone Surface Mining Control and at 202–208–2716. Reclamation Act of 1977 (SMCRA), 30 SUPPLEMENTARY INFORMATION: In U.S.C. 1201 et seq., require applicants to accordance with the Paperwork submit operation and reclamation plans Reduction Act of 1995 (44 U.S.C. 3501 for coal mining activities. This et seq.) and 5 CFR 1320.8(d)(1), we information collection is needed to provide the general public and other determine whether the plans will Federal agencies with an opportunity to achieve the reclamation and comment on new, proposed, revised, environmental protections that SMCRA and continuing collections of requires. Without this information, information. This helps us assess the Federal and State regulatory authorities VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15698 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices cannot review and approve permit by mail to Mark Gehlhar, Office of 1977, 30 U.S.C. 1272(e), have the right application requests. Surface Mining Reclamation and to do so under one of the exemptions or Title of Collection: Surface Mining Enforcement, 1849 C Street NW, Room waivers provided by this section of the Permit Applications—Minimum 4556–MIB, Washington, DC 20240, or by Act. Requirements for Reclamation and email to [email protected]. Please Title of Collection: Areas Designated Operation Plans. reference OMB Control Number 1029– by Act of Congress. OMB Control Number: 1029–0036. 0111 in the subject line of your OMB Control Number: 1029–0111. Form Number: None. comments. Form Number: None. Type of Review: Extension of a Type of Review: Extension of a FOR FURTHER INFORMATION CONTACT: currently approved collection. To currently approved collection. Respondents/Affected Public: State request additional information about Respondents/Affected Public: State governments and businesses. this ICR, contact Mark Gehlhar by email governments and businesses. Total Estimated Number of Annual at [email protected], or by telephone Total Estimated Number of Annual Respondents: 100. at 202–208–2716. Respondents: 183. Total Estimated Number of Annual SUPPLEMENTARY INFORMATION: In Total Estimated Number of Annual Responses: 4,000. accordance with the Paperwork Responses: 315. Estimated Completion Time per Reduction Act of 1995 (44 U.S.C. 3501 Estimated Completion Time per Response: Varies from 2 hours to 160 et seq.) and 5 CFR 1320.8(d)(1), we Response: Varies from one hour to 40 hours, depending on activity. provide the general public and other hours, depending on activity. Total Estimated Number of Annual Federal agencies with an opportunity to Total Estimated Number of Annual Burden Hours: 100,000. comment on new, proposed, revised, Burden Hours: 3,119. Respondent’s Obligation: Required to and continuing collections of Respondent’s Obligation: Required to obtain or retain a benefit. information. This helps us assess the obtain or retain a benefit. Frequency of Collection: One time. impact of our information collection Frequency of Collection: One time. Total Estimated Annual Nonhour requirements and minimize the public’s Total Estimated Annual Nonhour Burden Cost: $1,000,000. Burden Cost: $19,260. An agency may not conduct or reporting burden. It also helps the An agency may not conduct or sponsor and a person is not required to public understand our information sponsor and a person is not required to respond to a collection of information collection requirements and provide the respond to a collection of information unless it displays a currently valid OMB requested data in the desired format. unless it displays a currently valid OMB control number. We are soliciting comments on the The authority for this action is the proposed ICR that is described below. control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 We are especially interested in public U.S.C. 3501 et seq.). comment addressing the following Paperwork Reduction Act of 1995 (44 issues: (1) Is the collection necessary to U.S.C. 3501 et seq.). Mark J. Gehlhar, the proper functions of the agency; (2) Mark J. Gehlhar, Information Collection Clearance Officer, will this information be processed and Division of Regulatory Support. Information Collection Clearance Officer, used in a timely manner; (3) is the Division of Regulatory Support. [FR Doc. 2021–06073 Filed 3–23–21; 8:45 am] estimate of burden accurate; (4) how [FR Doc. 2021–06072 Filed 3–23–21; 8:45 am] BILLING CODE 4310–05–P might the OSMRE enhance the quality, utility, and clarity of the information to BILLING CODE 4310–05–P be collected; and (5) how might the DEPARTMENT OF THE INTERIOR OSMRE minimize the burden of this DEPARTMENT OF THE INTERIOR collection on the respondents, including Office of Surface Mining Reclamation through the use of information and Enforcement Office of Surface Mining Reclamation technology. and Enforcement [S1D1S SS08011000 SX064A000 Comments that you submit in 211S180110; S2D2S SS08011000 response to this notice are a matter of [S1D1S SS08011000 SX064A000 SX064A000 21XS501520; OMB Control public record. We will include or 211S180110; S2D2S SS08011000 Number 1029–0111] SX064A000 21XS501520; OMB Control summarize each comment in our request Number 1029–0059] Agency Information Collection to OMB to approve this ICR. Before Activities; Areas Designated by Act of including your address, phone number, Agency Information Collection Congress email address, or other personal Activities; Grants to States and Tribes identifying information in your AGENCY: Office of Surface Mining comment, you should be aware that AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. your entire comment—including your Reclamation and Enforcement, Interior. ACTION: Notice of information collection; personal identifying information—may ACTION: Notice of information collection; request for comment. be made publicly available at any time. request for comment. While you can ask us in your comment SUMMARY: In accordance with the to withhold your personal identifying SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, information from public review, we Paperwork Reduction Act of 1995, we, the Office of Surface Mining cannot guarantee that we will be able to the Office of Surface Mining Reclamation and Enforcement (OSMRE), do so. Reclamation and Enforcement (OSMRE), are proposing to renew an information Abstract: OSMRE and State regulatory are proposing to renew an information collection. authorities use the information collected collection. DATES: Interested persons are invited to for 30 CFR part 761 to ensure that DATES: Interested persons are invited to submit comments on or before May 24, persons planning to conduct surface submit comments on or before May 24, 2021. coal mining operations on the lands 2021. ADDRESSES: Send your comments on protected by § 522(e) of the Surface ADDRESSES: Send your comments on this information collection request (ICR) Mining Control and Reclamation Act of this information collection request (ICR) VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15699 by mail to Mark Gehlhar, Office of Control and Reclamation Act of 1977, 30 FOR FURTHER INFORMATION CONTACT: Surface Mining Reclamation and U.S.C. 1201 et seq. Robert Needham, Esq., Office of the Enforcement, 1849 C Street NW, Room Title of Collection: Grants to States General Counsel, U.S. International 4556–MIB, Washington, DC 20240, or by and Tribes. Trade Commission, 500 E Street SW, email to [email protected]. Please OMB Control Number: 1029–0059. Washington, DC 20436, telephone (202) reference OMB Control Number 1029– Form Number: OSM–47, OSM–49, 708–5468. Copies of non-confidential 0059 in the subject line of your and OSM–51. documents filed in connection with this comments. Type of Review: Extension of a investigation may be viewed on the currently approved collection. Commission’s electronic docket (EDIS) FOR FURTHER INFORMATION CONTACT: To Respondents/Affected Public: State at https://edis.usitc.gov. For help request additional information about and Tribal governments. accessing EDIS, please email this ICR, contact Mark Gehlhar by email Total Estimated Number of Annual [email protected]. General at [email protected], or by telephone Respondents: 27. information concerning the Commission at 202–208–2716. Total Estimated Number of Annual Responses: 171. may also be obtained by accessing its SUPPLEMENTARY INFORMATION: In Estimated Completion Time per internet server at https://www.usitc.gov. accordance with the Paperwork Response: Varies from one hour to 10 Hearing-impaired persons are advised Reduction Act of 1995 (44 U.S.C. 3501 hours, depending on activity. that information on this matter can be et seq.) and 5 CFR 1320.8(d)(1), we Total Estimated Number of Annual obtained by contacting the provide the general public and other Burden Hours: 741. Commission’s TDD terminal on (202) Federal agencies with an opportunity to Respondent’s Obligation: Required to 205–1810. comment on new, proposed, revised, obtain or retain a benefit. SUPPLEMENTARY INFORMATION: The and continuing collections of Frequency of Collection: One time. Commission instituted this investigation information. This helps us assess the Total Estimated Annual Nonhour on November 21, 2019, based on a impact of our information collection Burden Cost: $0. complaint, as amended, filed by M–I requirements and minimize the public’s An agency may not conduct or L.L.C. of Houston, Texas (‘‘M–I’’). 84 FR reporting burden. It also helps the sponsor and a person is not required to 64339 (Nov. 21, 2019). The amended public understand our information respond to a collection of information complaint alleged violations of section collection requirements and provide the unless it displays a currently valid OMB 337 of the Tariff Act of 1930, as requested data in the desired format. control number. amended, 19 U.S.C. 1337, in the We are soliciting comments on the The authority for this action is the importation into the United States, the proposed ICR that is described below. Paperwork Reduction Act of 1995 (44 sale for importation, and the sale within We are especially interested in public U.S.C. 3501 et seq.). the United States after importation of comment addressing the following Mark J. Gehlhar, certain shaker screens for drilling fluids, issues: (1) Is the collection necessary to Information Collection Clearance Officer, components thereof, and related the proper functions of the agency; (2) Division of Regulatory Support. marketing materials by reason of will this information be processed and infringement of: (1) Certain claims of used in a timely manner; (3) is the [FR Doc. 2021–06074 Filed 3–23–21; 8:45 am] BILLING CODE 4310–05–P U.S. Patent Nos. 7,210,582 (‘‘the ’582 estimate of burden accurate; (4) how patent’’), 7,810,649 (‘‘the ’649 patent’’), might the OSMRE enhance the quality, and 8,925,735 (‘‘the ’735 patent’’); and utility, and clarity of the information to (2) U.S. Trademark Registration Nos. be collected; and (5) how might the INTERNATIONAL TRADE COMMISSION 2,151,736 and 2,744,891. Id. The OSMRE minimize the burden of this Commission’s notice of investigation collection on the respondents, including [Investigation No. 337–TA–1184] named six respondents, including through the use of information Anping Shengjia Hardware Mesh Co., technology. Certain Shaker Screens for Drilling Ltd. (‘‘SJ Screen’’) and Hebei Hengying Comments that you submit in Fluids, Components Thereof, and Wire Cloth Co. Ltd (‘‘Hengying Wire response to this notice are a matter of Related Marketing Materials; Notice of Cloth’’) (collectively the ‘‘Defaulting public record. We will include or a Commission Determination of Respondents’’). Id. at 64339–40. The summarize each comment in our request Violation of Section 337; Issuance of a Office of Unfair Import Investigations to OMB to approve this ICR. Before General Exclusion Order; Termination (‘‘OUII’’) is participating in this including your address, phone number, of the Investigation investigation. Id. at 64340. email address, or other personal AGENCY: U.S. International Trade On February 5, 2020, the Commission identifying information in your Commission. found SJ Screen and Hengying Wire comment, you should be aware that ACTION: Notice. Cloth in default. Order No. 10, your entire comment—including your unreviewed, Notice (Mar. 5, 2020). personal identifying information—may SUMMARY: Notice is hereby given that Thereafter, and after the termination of be made publicly available at any time. the U.S. International Trade the other remaining respondents by While you can ask us in your comment Commission has determined that there consent order, see Order No. 8, to withhold your personal identifying is a violation of section 337 of the Tariff unreviewed, Notice (Feb. 6, 2020); Order information from public review, we Act of 1930, as amended, in the above- No. 14, unreviewed, Notice (Apr. 23, cannot guarantee that we will be able to captioned investigation. The 2020), M–I withdrew all of its do so. Commission has issued a general trademark-based allegations, as well as Abstract: State and Tribal reclamation exclusion order (‘‘GEO’’) barring entry claims 2–11 of the ’582 patent; claims and regulatory authorities are requested of certain shaker screens and 2–7 and 9 of the ’649 patent; and claims to provide specific budget and program components thereof that infringe certain 2–9, 13, 16, and 18–19 of the ’735 patent information as part of the grant claims of three patents asserted in this from the investigation. See Order No. application and reporting processes investigation. The investigation is 19, unreviewed, Notice (Sept. 24, 2020). authorized by the Surface Mining terminated. The patent claims remaining in the VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15700 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices investigation are claims 1 and 12 of the 1337(a)(3)(A) & (B), but to vacate the DEPARTMENT OF JUSTICE ’582 patent; claim 1 of the ’649 patent; ID’s value-added analysis (ID at 65–66). Antitrust Division and claims 1, 12, and 17 of the ’735 The Commission has determined that patent. the appropriate remedy in this On August 27, 2020, M–I filed a United States v. Anheuser-Busch investigation is a GEO prohibiting the InBev SA/NV, et al.; Response to motion for summary determination that unlicensed importation of certain shaker the Defaulting Respondents violated Public Comments screens for drilling fluids and section 337 and that M–I satisfies the components thereof that infringe claims Pursuant to the Antitrust Procedures domestic industry requirement of 1 and 12 of the ’582 patent; claim 1 of and Penalties Act, 15 U.S.C. 16(b)–(h), section 337. The motion sought issuance the United States hereby publishes of a general exclusion order (‘‘GEO’’) the ’649 patent; and claims 1, 12, and 17 below the Response to Public Comments and imposition of a one hundred of the ’735 patent. The Commission has on the Proposed Final Judgment in percent (100%) bond on accused further determined that the public United States v. Anheuser-Busch InBev products imported during the interest factors enumerated in section SA/NV, et al., Civil Action No. 4:20–cv– Presidential review period. On 337(d), 19 U.S.C. 1337(d), do not 01282–SRC, which was filed in the September 16, 2020, OUII filed a preclude issuance of the GEO. Finally, United States District Court for the response supporting M–I’s motion, the Commission has determined that a Eastern District of Missouri on March including the remedial relief requested bond in the amount of one hundred 17, 2021, together with a copy of the therein. (100) percent of the entered value of the two comments received by the United imported articles that are subject to the On November 19, 2020, the ALJ States. issued the subject ID granting M–I’s GEO is required to permit temporary motion and recommending issuance of importation of the articles in question A copy of the comments and the a GEO and imposition of a bond in the during the period of Presidential review, United States’ response to the comments amount of 100 percent of the entered 19 U.S.C. 1337(j). The investigation is is available at https://www.justice.gov/ atr/case/us-v-anheuser-busch-inbev- value of infringing products. hereby terminated in its entirety. Specifically, the ID found that (1) the sanv-et-al. Copies of the comments and The Commission’s order and opinion the United States’ response are available Commission has jurisdiction over the were delivered to the President and to products, the parties, and the for inspection at the Office of the Clerk the United States Trade Representative investigation; (2) the importation of the United States District Court for on the day of their issuance. The requirement is satisfied; (3) M–I has the Eastern District of Missouri. Copies standing to bring this investigation; (4) Commission has also notified the of these materials may also be obtained all of the remaining asserted claims are Secretary of the Treasury and Customs from the Antitrust Division upon infringed by one or more of the and Border Protection of the order. request and payment of the copying fee Defaulting Respondents’ products; and The Commission vote for these set by Department of Justice regulations. (5) M–I has satisfied the domestic determinations took place on March 18, Suzanne Morris, industry requirement of section 337. 2021. Chief, Premerger and Division Statistics, Additionally, the ALJ recommended The authority for the Commission’s Antitrust Division. that the Commission issue a GEO and determination is contained in section impose a bond in the amount of one United States District Court for the 337 of the Tariff Act of 1930, as hundred percent (100%) of the entered Eastern District of Missouri Eastern amended (19 U.S.C. 1337), and in Part value of infringing articles imported Division 210 of the Commission’s Rules of during the period of Presidential review. United States of America, Plaintiff, v. Practice and Procedure (19 CFR part On January 4, 2021, the Commission Anheuser-Busch INBEV SA/NV, Anheuser- determined to review the ID’s finding 210). Busch Companies, LLC, and Craft Brew that M–I’s investments in plant and While temporary remote operating Alliance, Inc., Defendants. equipment and M–I’s employment of procedures are in place in response to Civil Action No.: 4:20–cv–01282–SRC labor and capital are significant under COVID–19, the Office of the Secretary is Response of Plaintiff United States to section 337(a)(3)(A) and (B). Notice (Jan. not able to serve parties that have not Public Comments on the Proposed Final 4, 2021). The Commission also sought retained counsel or otherwise provided Judgment briefing on remedy, bonding, and the a point of contact for electronic service. public interest. M–I filed a submission Accordingly, pursuant to Commission Pursuant to the requirements of the in response on January 19, 2021 and Rules 201.16(a) and 210.7(a)(1) (19 CFR Antitrust Procedures and Penalties Act filed a corrected version of that response 201.16(a), 210.7(a)(1)), the Commission (the ‘‘APPA’’ or ‘‘Tunney Act’’), 15 on January 22, 2021. OUII filed a orders that the Complainant(s) complete U.S.C. 16(b)–(h), the United States submission in response on January 19, service for any party/parties without a hereby responds to the two public 2021 and filed a reply submission on method of electronic service noted on comments received regarding the January 26, 2021. No submissions were the attached Certificate of Service and proposed Final Judgment in this case. received from the public. shall file proof of service on the After careful consideration of the Having reviewed the written Electronic Document Information submitted comments, the United States submissions and the evidentiary record, System (EDIS). continues to believe that the divestiture the Commission has determined to required by the proposed Final affirm the ID’s finding that M–I satisfied By order of the Commission. Judgment provides an effective and the economic prong of the domestic Issued: March 18, 2021. appropriate remedy for the antitrust industry requirement on the basis that Lisa Barton, violation alleged in the Complaint and M–I made significant investments in Secretary to the Commission. is therefore in the public interest. The plant and equipment and significant United States will move the Court for [FR Doc. 2021–06016 Filed 3–23–21; 8:45 am] employment of labor under section entry of the proposed Final Judgment 337(a)(3)(A) & (B), 19 U.S.C. BILLING CODE 7020–02–P after the public comments and this VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15701 response have been published as II. The Complaint and the Proposed thereby restoring the competition that required by 15 U.S.C. 16(d). Final Judgment would otherwise likely be lost as a result of the transaction. PV Brewing I. Procedural History The Complaint alleges that ABI’s proposed acquisition of CBA would has elected to exercise its options and On November 11, 2019, Defendant likely eliminate important existing entered into supply, distribution, and Anheuser-Busch Companies, LLC (‘‘AB transition services agreements with ABI, Companies’’), a minority shareholder in head-to-head competition in the state of Hawaii between ABI’s beer brands and as permitted by the proposed Final Defendant Craft Brew Alliance, Inc. Judgment. (‘‘CBA’’), agreed to acquire all of CBA’s CBA’s beer brands, particularly CBA’s remaining shares in a transaction valued Kona brand. Specifically, CBA’s Kona III. Standard of Judicial Review brand competes closely with ABI’s at approximately $220 million. AB The Clayton Act, as amended by the Stella Artois and Michelob Ultra brands, Companies is a wholly-owned APPA, requires that proposed consent and also competes with ABI’s Bud Light subsidiary of Defendant Anheuser- judgments in antitrust cases brought by and Budweiser brands. The Complaint Busch InBev SA/NV (‘‘ABI’’). After a the United States be subject to a 60-day also alleges that, but for the merger, the thorough and comprehensive comment period, after which the Court competition between ABI and CBA in investigation, the United States filed a shall determine whether entry of the Hawaii likely would have grown civil antitrust Complaint on September proposed Final Judgment ‘‘is in the significantly because CBA was investing 18, 2020, seeking to enjoin the proposed public interest.’’ 15 U.S.C. 16(e)(1). In in its business in Hawaii, had plans to transaction because it would making that determination, the Court, in significantly grow its share of beer substantially lessen competition for beer accordance with the statute as amended volume sold in Hawaii, and planned to sold in the state of Hawaii, in violation in 2004, is required to consider: of Section 7 of the Clayton Act, 15 open a new brewery in 2021. The (A) The competitive impact of such U.S.C. 18. See Dkt. No. 1. Complaint also alleges that the transaction would likely facilitate price judgment, including termination of alleged At the same time the Complaint was violations, provisions for enforcement and filed, the United States filed a proposed coordination between ABI and Molson modification, duration of relief sought, Final Judgment and an Asset Coors Beverage Company in Hawaii. anticipated effects of alternative remedies Preservation and Hold Separate This likely reduction in existing and actually considered, whether its terms are Stipulation and Order (‘‘Stipulation and future competition would result in ambiguous, and any other competitive Order’’) in which the United States and higher prices and reduced innovation considerations bearing upon the adequacy of Defendants consented to entry of the for consumers in Hawaii, in violation of such judgment that the court deems proposed Final Judgment after Section 7 of the Clayton Act, 15 U.S.C. necessary to a determination of whether the 18. consent judgment is in the public interest; compliance with the requirements of the and Tunney Act. See Dkt. No. 2–1. On The proposed Final Judgment (B) the impact of entry of such judgment September 25, 2020, the Court entered remedies the harm to competition upon competition in the relevant market or the Stipulation and Order. See Dkt. No. alleged in the Complaint by requiring a markets, upon the public generally and 14. On October 6, 2020, the divestiture divestiture that will establish an individuals alleging specific injury from the contemplated by the proposed Final independent, economically viable violations set forth in the complaint Judgment was effectuated to PV Brewing competitor in the state. It requires including consideration of the public benefit, Partners, LLC (‘‘PV Brewing’’). On Defendants to divest Kona Brewery, LLC if any, to be derived from a determination of the issues at trial. October 26, 2020, the United States filed (‘‘Kona Hawaii’’), which includes CBA’s a Competitive Impact Statement, entire Kona brand business in the state 15 U.S.C. 16(e)(1)(A) & (B). In describing the transaction and the of Hawaii, as well as other related considering these statutory factors, the proposed Final Judgment. See Dkt. No. tangible and intangible assets, to an Court’s inquiry is necessarily a limited 17. acquirer approved by the United States. one as the government is entitled to On October 30, 2020, the United ABI proposed PV Brewing as the ‘‘broad discretion to settle with the States published the proposed Final acquirer. After a rigorous and defendant within the reaches of the Judgment and the Competitive Impact independent evaluation, the United public interest.’’ United States v. Statement in the Federal Register, see States approved PV Brewing as the Microsoft Corp., 56 F.3d 1448, 1461 85 FR 68918 (October 30, 2020), and acquirer. PV Brewing is a well-financed (D.C. Cir. 1995); United States v. caused notice regarding the same, company, backed by private equity, that Associated Milk Producers, Inc., 534 together with directions for the is incentivized to compete aggressively F.2d 113, 117 (8th Cir. 1976) (‘‘It is submission of written comments in the Hawaii beer market. In addition, axiomatic that the Attorney General relating to the proposed Final Judgment, the operational leadership of PV must retain considerable discretion in to be published in the Washington Post Brewing has extensive experience in the controlling government litigation and in from October 30, 2020, through brewing, developing, packaging, determining what is in the public November 5, 2020; the St. Louis Post- importing, distributing, marketing, interest.’’); United States v. U.S. Dispatch from October 30, 2020, promoting, and selling of beer. Airways Grp., Inc., 38 F. Supp. 3d 69, through November 7, 2020; and the The proposed Final Judgment also 75 (D.D.C. 2014) (explaining that the Honolulu Star-Advertiser from October allows the acquirer, at its option, to ‘‘court’s inquiry is limited’’ in Tunney 30, 2020, through November 9, 2020. enter into a supply contract, distribution Act settlements); United States v. InBev The 60-day public comment period agreement, and transition services N.V./S.A., No. 08–1965 (JR), 2009 U.S. ended on January 8, 2021. The United agreement with ABI. These divestiture Dist. LEXIS 84787, at *3 (D.D.C. Aug. States received two public comments. assets and optional supply, distribution, 11, 2009) (noting that a court’s review See Tunney Act Comment of the and transition services agreements— of a consent judgment is limited and Attorney General of Hawaii on the which are similar to agreements that only inquires ‘‘into whether the Proposed Final Judgment, attached as CBA had with ABI prior to the government’s determination that the Exhibit A; Tunney Act Comment of transaction—will enable the acquirer to proposed remedies will cure the Maui Brewing Co., attached as Exhibit compete effectively from day one in the antitrust violations alleged in the B. market for beer in the state of Hawaii, complaint was reasonable, and whether VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15702 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices the mechanisms to enforce the final evaluating objections to settlement United States in antitrust enforcement, judgment are clear and manageable’’). agreements under the Tunney Act, a Public Law 108–237 § 221, and added Under the APPA, a court considers, court must be mindful that [t]he the unambiguous instruction that among other things, the relationship government need not prove that the ‘‘[n]othing in this section shall be between the remedy secured and the settlements will perfectly remedy the construed to require the court to specific allegations in the government’s alleged antitrust harms[;] it need only conduct an evidentiary hearing or to complaint, whether the proposed Final provide a factual basis for concluding require the court to permit anyone to Judgment is sufficiently clear, whether that the settlements are reasonably intervene.’’ 15 U.S.C. 16(e)(2); see also its enforcement mechanisms are adequate remedies for the alleged U.S. Airways, 38 F. Supp. 3d at 76 sufficient, and whether it may positively harms.’’) (internal citations omitted); (indicating that a court is not required harm third parties. See Microsoft, 56 United States v. Republic Servs., Inc., to hold an evidentiary hearing or to F.3d at 1458–62. With respect to the 723 F. Supp. 2d 157, 160 (D.D.C. 2010) permit intervenors as part of its review adequacy of the relief secured by the (noting ‘‘the deferential review to which under the Tunney Act). This language proposed Final Judgment, a court may the government’s proposed remedy is explicitly wrote into the statute what not ‘‘ ‘make de novo determination of accorded’’); United States v. Archer- facts and issues.’ ’’ United States v. W. Daniels-Midland Co., 272 F. Supp. 2d 1, Congress intended when it first enacted Elec. Co., 993 F.2d 1572, 1577 (D.C. Cir. 6 (D.D.C. 2003) (‘‘A district court must the Tunney Act in 1974. As Senator 1993) (quoting United States v. Mid-Am. accord due respect to the government’s Tunney explained: ‘‘[t]he court is Dairymen, Inc., No. 73 CV 681–W–1, prediction as to the effect of proposed nowhere compelled to go to trial or to 1977 WL 4352, at *9 (W.D. Mo. May 17, remedies, its perception of the market engage in extended proceedings which 1977)); see also Microsoft, 56 F.3d at structure, and its view of the nature of might have the effect of vitiating the 1460–62; United States v. Alcoa, Inc., the case’’); see also Mid-Am. Dairymen, benefits of prompt and less costly 152 F. Supp. 2d 37, 40 (D.D.C. 2001); 1977 WL 4352, at *9 (‘‘The APPA settlement through the consent decree United States v. Enova Corp., 107 F. codifies the case law which established process.’’ 119 Cong. Rec. 24,598 (1973) Supp. 2d 10, 16 (D.D.C. 2000); InBev, that the Department of Justice has a (statement of Sen. Tunney). ‘‘A court 2009 U.S. Dist. LEXIS 84787, at *3. range of discretion in deciding the terms can make its public interest Instead, ‘‘[t]he balancing of competing upon which an antitrust case will be determination based on the competitive social and political interests affected by settled’’). The ultimate question is impact statement and response to public a proposed antitrust consent decree whether ‘‘the remedies [obtained by the comments alone.’’ U.S. Airways, 38 F. must be left, in the first instance, to the Final Judgment are] so inconsonant with Supp. 3d at 76 (citing Enova Corp., 107 discretion of the Attorney General.’’ W. the allegations charged as to fall outside F. Supp. 2d at 17). Elec. Co., 993 F.2d at 1577 (quotation of the ‘reaches of the public interest.’’’ marks omitted). Microsoft, 56 F.3d at 1461 (quoting W. IV. Summary of Comments and the ‘‘The court should bear in mind the Elec. Co., 900 F.2d at 309). United States’ Response flexibility of the public interest inquiry: Moreover, the Court’s role under the the court’s function is not to determine APPA is limited to reviewing the The United States received two public whether the resulting array of rights and remedy in relationship to the violations comments in response to the proposed liabilities is one that will best serve that the United States has alleged in its Final Judgment. One comment is from society, but only to confirm that the complaint, and does not authorize the the State of Hawaii through its Office of resulting settlement is within the Court to ‘‘construct [its] own the Attorney General (‘‘Hawaii AG’’). reaches of the public interest.’’ hypothetical case and then evaluate the The other comment is from Maui Microsoft, 56 F.3d at 1460 (quotation decree against that case.’’ Microsoft, 56 Brewing Co. (‘‘Maui Brewing’’), which marks omitted); see also United States v. F.3d at 1459; see also U.S. Airways, 38 describes itself as Hawaii’s ‘‘largest craft Deutsche Telekom AG, No. 19–2232 F. Supp. 3d at 75 (noting that the court brewer.’’ Exhibit B at 1. Maui Brewing (TJK), 2020 WL 1873555, at *7 (D.D.C. must simply determine whether there is sought to purchase the divestiture assets Apr. 14, 2020). More demanding a factual foundation for the by submitting an ‘‘Indication of requirements would ‘‘have enormous government’s decisions such that its Interest’’ to ABI, but was not selected by practical consequences for the conclusions regarding the proposed ABI as the proposed acquirer. Id. at 2. government’s ability to negotiate future settlements are reasonable); InBev, 2009 The overarching concern raised by settlements,’’ contrary to congressional U.S. Dist. LEXIS 84787, at *20 (‘‘[T]he both the Hawaii AG and Maui Brewing intent. Id. at 1456. ‘‘The Tunney Act ‘public interest’ is not to be measured by is that the acquirer, PV Brewing, will was not intended to create a comparing the violations alleged in the continue to significantly rely on ABI disincentive to the use of the consent complaint against those the court such that it will not compete decree.’’ Id.; see also United States v. believes could have, or even should independently with, nor constrain, ABI. Mid-Am. Dairymen, Inc., No. 73 CV have, been alleged’’). Because the More specifically, the concerns raised 681–W–1, 1977 WL 4352, at *9 (W.D. ‘‘court’s authority to review the decree Mo. May 17, 1977) (‘‘It was the intention depends entirely on the government’s by the Hawaii AG and Maui Brewing of Congress in enacting [the] APPA to exercising its prosecutorial discretion by can be grouped into five categories: (1) preserve consent decrees as a viable bringing a case in the first place,’’ it ABI will retain the rights to the Kona enforcement option in antitrust cases.’’). follows that ‘‘the court is only brand outside of Hawaii; (2) the acquirer The United States’ predictions about authorized to review the decree itself,’’ may enter into a distribution agreement the efficacy of the remedy are to be and not to ‘‘effectively redraft the with ABI’s wholly-owned distributor, as afforded deference by the Court. See, complaint’’ to inquire into other matters CBA did prior to the transaction; (3) the e.g., Microsoft, 56 F.3d at 1461 that the United States did not pursue. acquirer may enter into a supply (recognizing courts should give ‘‘due Microsoft, 56 F.3d at 1459–60. contract with ABI to brew and package respect to the Justice Department’s . . . In its 2004 amendments to the APPA, at least some of its beer, as CBA did view of the nature of its case’’); United Congress made clear its intent to prior to the transaction; (4) the acquirer States v. Iron Mountain, Inc., 217 F. preserve the practical benefits of using may enter into a temporary transition Supp. 3d 146, 152–53 (D.D.C. 2016) (‘‘In consent judgments proposed by the services agreement with ABI; and (5) the VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15703 process by which ABI selected the Consistent with this principle, when branded products in Hawaii—the state proposed acquirer was unfair.1 a license for a product ‘‘covers the right where the competitive harm is alleged For these reasons, the Hawaii AG to compete in multiple product or to occur. As such, the acquirer will be asserts that the proposed Final geographic markets, yet the merger fully empowered and incentivized to Judgment fails to protect competition, adversely affects competition in only a compete and grow its sales in Hawaii, although the Hawaii AG chose not to subset of these markets, the [Antitrust] thereby preserving the competition that exercise its own independent authority Division will insist only on the sale or would otherwise be lost as a result of to challenge the transaction under the license of rights necessary to maintain the transaction. competition in the affected markets.’’ antitrust laws. For its part, Maui B. The Distribution Relationship With DOJ Merger Remedies Manual at 7 n.25; Brewing contends that, due to the ABI Is Optional and Terminable concerns above, it should be the see also United States v. Iron Mountain, acquirer of the divestiture assets instead Inc., 217 F. Supp. 3d 146, 152–53 The Hawaii AG and Maui Brewing of PV Brewing. (D.D.C. 2016) (rejecting complaining express concern that the proposed Final competitor’s request that the Final Judgment permits the acquirer to enter A. The Remedy Creates an Independent, Judgment be broadened to allow all into a distribution agreement with ABI’s Robust Competitor in Hawaii Where the customers—regardless of their wholly-owned distributor. See Exhibit A Competitive Harm was Likely to Occur location—to terminate their contracts at 3–7; Exhibit B at 2. More specifically, The Hawaii AG and Maui Brewing with the parties without incurring fees the Hawaii AG asserts that the express concern that ABI retains the because that would far exceed what is distribution agreement gives ABI rights to sell Kona-branded beer outside necessary to remedy the harm alleged in ‘‘control and authority’’ over the price of of Hawaii following the divestiture. See the complaint limited to 15 geographic the acquirer’s Kona-branded beer, Exhibit A at 2–3; Exhibit B at 2. In their markets). Exhibit A at 3, ‘‘pav[ing] the way for view, ABI’s ability to sell Kona-branded The divestiture assets encompass Molson Coors to follow any price beer outside of Hawaii could impede the Kona Hawaii, CBA’s entire Kona brand increases announced by [ABI] in acquirer’s ability to compete effectively business unit in the state, including a Hawaii,’’ id. at 4, and giving ABI the in the market for beer in Hawaii. There restaurant, a brewery, a brewpub, a new ‘‘ability to prevent PV [Brewing] from is no basis for this concern; the brewery that is currently under competing against other beers sold by proposed Final Judgment grants the construction, and an exclusive, ABI,’’ id. at 5. These assertions are acquirer the assets, rights, and irrevocable, perpetual, and fully paid-up incorrect. personnel it needs to be a robust license to Kona-branded products in Brewers must have access to competitor in Hawaii, the only state in Hawaii, which gives the acquirer the distribution channels to compete effectively in the beer industry. To give which the transaction would have sole right to sell Kona-branded products the acquirer access to distribution otherwise harmed competition. in Hawaii. See Dkt. No. 2–1, Exhibit A channels from day one, the proposed In this case, the Complaint alleges (Proposed Final Judgment, Para. II.I., Final Judgment provides for a harm to competition in a geographic M.–O.). The license grants the acquirer distribution agreement with ABI’s market ‘‘no larger than the state of the sole right to innovate and develop wholly-owned subsidiary in the state. Hawaii.’’ See Dkt. No. 1 (Complaint new products using the Kona brand The distribution arrangement set forth ¶ 19). The overarching purpose of a name and sell them in Hawaii. This in the proposed Final Judgment merely merger remedy is to restore the right is important as beer brewers affords the acquirer the option to competition lost by the transaction. See increasingly compete with one another continue a distribution relationship that Ford Motor Co. v. United States, 405 by developing innovative products that existed between CBA and ABI prior to U.S. 562, 573 (1972) (‘‘The relief in an are marketed using established beer brand names. Similarly, the license the transaction. See Exhibit A at 3 antitrust case must be ‘effective to (acknowledging that ABI distributed redress the violations’ and ‘to restore grants the acquirer the sole right to develop Hawaii-specific marketing CBA’s beer in Hawaii prior to the competition.’’’) (quoting United States transaction). As the Complaint alleges, v. E. I. Du Pont De Nemours & Co., 366 promotions or Hawaii-specific packaging for the beer brewed at the during the time when ABI and CBA had U.S. 316, 326 (1961)); see also U.S. Dep’t a distribution relationship, CBA of Justice, Merger Remedies Manual new brewery, once it is operational. Paragraph IV.I. of the proposed Final competed head to head with ABI and (2020) (‘‘DOJ Merger Remedies Judgment establishes mechanisms by constrained ABI’s ability to coordinate Manual’’) at 3, available at https:// which the acquirer can hire personnel higher prices in Hawaii. For example, www.justice.gov/atr/page/file/1312416/ 2 formerly employed by Kona Hawaii. the Complaint states that ‘‘ABI and CBA download. Therefore, it is appropriate Indeed, the United States understands compete directly against each other in for the merger remedy here to focus on that the Kona Hawaii leadership team Hawaii,’’ Complaint ¶ 25; that ‘‘Molson restoring competition in the state of has already joined PV Brewing. Those Coors’s willingness to follow ABI’s Hawaii. personnel will further enhance PV announced price increases is Brewing’s ability to compete effectively constrained’’ by ‘‘CBA and its Kona 1 The Hawaii AG also raises an issue regarding the in Hawaii. And the divestiture will labels that it believes should be affixed to beer brand,’’ Complaint ¶ 30; and that ‘‘the products brewed outside of the state of Hawaii. See enhance Kona Hawaii’s independence competition provided by CBA’s Kona in Exhibit A at 10 n.23. To the extent the State of from ABI. Before the transaction, ABI the premium segment serves as an Hawaii wishes to require brewers to disclose the held an approximate 31% stake in CBA important constraint on the ability of source of beer sold in the state of Hawaii, that is and, by extension, in Kona Hawaii. See a matter unrelated to the antitrust violation alleged ABI to raise its beer prices,’’ Complaint 3 in the Complaint and, as such, is outside the Complaint ¶ 13. Following the ¶ 16. After the divestiture, the acquirer purview of the Court’s review under the Tunney divestiture, ABI will no longer own any Act. See Microsoft, 56 F.3d at 1459–60. stake in Kona Hawaii. 3 The Complaint is taken as true for purposes of 2 ‘‘The purpose of this manual is to provide Regardless of ABI’s rights to the Kona evaluating whether a remedy is adequate in a [Antitrust] Division attorneys and economists with Tunney Act Proceeding. See United States v. a framework for structuring and implementing brand in other geographies more than Microsoft Corp., 56 F.3d 1448, 1459 (D.C. Cir. 1995). appropriate relief short of a full-stop injunction in 2,000 miles away, the acquirer will be Commenters are not permitted to construct their merger cases.’’ Id. at 2. the sole owner of the rights to sell Kona- Continued VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15704 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices will have the ability and incentive to Further, as noted above, the proposed otherwise modified without the continue to offer at least this same level Final Judgment establishes mechanisms approval of the United States. of competition, even if it chooses to by which PV Brewing can hire The proposed Final Judgment contract with ABI for distribution personnel formerly employed by Kona provides the acquirer with the flexibility services, just as CBA did before the Hawaii. See id. at Para. IV.I. The Kona to choose its own preferred supplier, transaction. Hawaii leadership team’s experience in whether that is ABI or another brewer Here, the proposed Final Judgment the Hawaii beer industry further on the mainland. In making this requires that the distribution agreement enhances PV Brewing’s ability to select decision, the acquirer’s incentive will be be sufficient to meet the acquirer’s the distribution channels that allow it to to employ the contract brewer that most needs, as the acquirer determines, and compete most effectively in the state. effectively brews and ships its beer. The last for a period of time as determined approved acquirer, PV Brewing, has the by the acquirer. See Dkt. No. 2–1, C. The Contract Brewing Relationship expertise necessary to make this choice Exhibit A (Proposed Final Judgment, With ABI Is Optional, Non-Exclusive, for itself. Para. IV.O.). The distribution agreement and Temporary The Hawaii AG lists various factors with ABI’s wholly-owned distributor is The Hawaii AG and Maui Brewing that it contends could make it less than optional, which provides the acquirer express concern about allowing the ‘‘viable’’ for PV Brewing to switch to a with the ability to choose its own acquirer, at its option, to engage ABI to new contract brewer. Exhibit A at 10. preferred method of distribution, brew and package Kona beer for the The Hawaii AG, however, does not offer whether that is ABI’s wholly-owned acquirer to sell in Hawaii. See Exhibit any reason to conclude that non-ABI distributor or another distributor in the A at 8–10; Exhibit B at 2. The Hawaii contract brewers are incapable of state of Hawaii. In making this decision, AG contends that PV Brewing ‘‘will managing ‘‘the intricacies of switching,’’ the acquirer’s incentive will be to remain reliant on ABI for the maintaining ‘‘quality control and employ the distributor that most production, packaging, and delivery of consistency,’’ or ensuring ‘‘sufficient effectively sells its beer in competition beer’’ sufficient to meet PV Brewing’s production quantities’’ for PV Brewing’s with ABI and other rivals. The approved needs until the new brewery is needs. Id. acquirer, PV Brewing, has the expertise operational, and so long as PV Brewing The Hawaii AG also expresses necessary to make this choice for itself. sells bottled beer in Hawaii. Exhibit A concern that ABI does not have PV Brewing’s operational leadership has at 9–10. adequate motivation to complete extensive experience in the beer The United States agrees that until the construction of the new brewery and industry, including negotiating new brewery in Hawaii is operational, that a delay in completing the brewery distribution agreements. the acquirer will need to arrange for may lengthen the time the acquirer Even after entering into a distribution another brewer to brew its canned and needs a supply contract. See Exhibit A agreement with ABI’s wholly-owned kegged beer in order to compete in at 8–9. The proposed Final Judgment distributor, the acquirer will be able to Hawaii. Similarly, so long as the establishes strong incentives for ABI to terminate the agreement without cause, acquirer wishes to sell bottled beer in complete the new brewery promptly. It beginning one year after the agreement’s Hawaii, the acquirer will need to requires ABI to continue construction of effective date. See id. Thus, if ABI’s arrange for another brewer to brew and the new brewery and to achieve an wholly-owned distributor prices the ship the acquirer’s bottled beer to average production capacity of 1,500 Kona-branded products too high or too Hawaii.5 To ensure the uninterrupted barrels of saleable beer each calendar low to retailers or otherwise fails to supply of Kona-branded beer to sell in week for three consecutive calendar market the Kona-branded products Hawaii, the proposed Final Judgment weeks at the new brewery, within 180 effectively, the acquirer will be able to requires ABI to enter into a non- days of the Court’s entry of the shift its Kona-branded products to exclusive supply contract for the Stipulation and Order (that is, by March another distributor. The threat of production, packaging, and delivery of 24, 2021). See Dkt. No. 2–1, Exhibit A termination without cause will beer sufficient to meet the acquirer’s (Proposed Final Judgment, Para. IV.B.). incentivize ABI’s wholly-owned needs, as the acquirer determines and at If ABI fails to reach that production distributor to promote and sell the the acquirer’s option. metric by the deadline, it is required to Kona-branded products to the acquirer’s As set forth in Paragraph IV.N. of the pay the United States $25,000 per day satisfaction in order to retain the proposed Final Judgment, the contract until it achieves the metric. See id. at popular Kona brand in its portfolio.4 brewing relationship with ABI does not Para. IV.C. Once the new brewery is impose any constraints on the acquirer. operational, the acquirer will be able to ‘‘own hypothetical case and then evaluate the The contract has no minimum or brew and package canned and kegged decree against that case.’’ Id. maximum volume requirements, and it beer for sale in Hawaii. 4 The Hawaii AG asserts, based on an excerpt is non-exclusive. The acquirer is free to The Hawaii AG and Maui Brewing from CBA’s 2018 10–K filing, see Exhibit A at 6, that it would be costly and ‘‘daunting’’ for PV engage companies other than ABI to express doubt that the new brewery will Brewing to terminate its distribution contract with brew its beer for sale in Hawaii, either be capable of supplying all of PV ABI’s wholly-owned distributor and switch the to supplement ABI’s production or to Brewing’s beer, even once it is built. See Kona-branded products to a new distributor. But replace ABI. This optional supply Exhibit A at 9; Exhibit B at 2–3. When the quoted language relates to CBA’s former contract with ABI covering distribution throughout contract is limited to five years fully operational, however, the new the United States, not the contract between PV maximum to ensure that the acquirer brewery is expected to produce enough Brewing and ABI’s wholly-owned distributor will become a fully independent beer to meet present demand for canned covering distribution of Kona-branded products in competitor to ABI. The supply contract and kegged Kona beer in Hawaii. And Hawaii. As discussed above, in the distribution agreement permitted by the proposed Final cannot be extended, amended, or there are contract brewers, other than Judgment, the acquirer holds the threat of ABI, on the mainland with available termination without cause, which will incentivize 5 As noted in the Competitive Impact Statement brewing capacity to whom PV Brewing ABI’s wholly-owned distributor to promote and sell (Dkt. No. 17 at pg. 15), very little beer brewed in can turn to supply beer—bottled beer or the Kona-branded products to the acquirer’s Hawaii is bottled in Hawaii because there is no satisfaction. In addition, in the beer industry, rival large-scale production of glass beer bottles on the otherwise—as needed. distributors typically pay the costs of switching a islands and importing empty glass bottles is Lastly, CBA had a brewing contract brand to their portfolios. prohibitively expensive for most brewers. with ABI prior to the transaction. See VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15705 Complaint ¶ 13 (‘‘ABI . . . has a The transition services agreement IV.E. of the proposed Final Judgment contract with CBA to brew some CBA permitted by the proposed Final requires divestiture to an acquirer that brands of beer at ABI breweries’’). The Judgment is also temporary, lasting up ‘‘has the intent and capability contract brewing provision in the to a maximum of 18 months. The (including the necessary managerial, proposed Final Judgment preserves for acquirer has the right under the operational, technical, and financial the acquirer the option to continue a proposed Final Judgment to terminate capability) to compete effectively in the brewing relationship that allowed CBA any transition services agreement (or brewing, developing, packaging, to compete effectively in the relevant any portion of one), without cost or importing, distributing, marketing, market, including against ABI. penalty, at any time upon notice to ABI. promoting, and selling of Beer in the To the extent either the acquirer or ABI State of Hawaii.’’ Regardless of the D. The Transition Services Agreement seeks to extend, or otherwise amend or process by which ABI selected PV With ABI Is Optional, Limited, modify a transition services agreement, Brewing as the proposed acquirer, the Temporary, and Terminable those extensions, amendments, and United States rigorously and The Hawaii AG expresses concern modifications must be approved by the independently evaluated PV Brewing as that the proposed Final Judgment makes United States. the proposed acquirer, including the available to PV Brewing a transition The Hawaii AG asserts that PV qualifications, experience, incentives, services agreement with ABI, thereby Brewing may need to rely on ABI for business plans, finances, and giving ABI ‘‘influence’’ over PV transition services for more than 18 professional and financial ties of PV Brewing’s operations. Exhibit A at 7–8. months, on the basis that it may take PV Brewing and its operational team. Based The Hawaii AG is incorrect. The Brewing time to acquire knowledgeable on that evaluation, the United States provision of transition services will not local employees, see Exhibit A at 8. As concluded that PV Brewing is capable, give ABI the ability to influence PV noted above, however, the proposed willing, and incentivized to compete Brewing’s operations because the Final Judgment puts in place effectively and will preserve services are narrow in scope and mechanisms by which PV Brewing can competition in the state of Hawaii, and temporary. The provision of transition hire personnel formerly employed by approved PV Brewing as the purchaser. services helps ensure that the acquirer Kona Hawaii, and the local leadership Further, the price offered by PV seamlessly steps into the helm of Kona team of Kona Hawaii has already joined Brewing for the divestiture assets, Hawaii to compete with ABI. PV Brewing. which Maui Brewing characterizes as ‘‘quite low,’’ Exhibit B at 2, does not Transition services provisions, such E. The United States Rigorously and cast doubt on PV Brewing’s ability or as the one included in the proposed Independently Assessed the Approved intentions to compete. It is common for Final Judgment, are commonplace in Acquirer divestiture assets to be sold at below- connection with divestitures and serve Finally, Maui Brewing contends that market prices, because the ‘‘divesting an important role in ensuring the the process by which ABI selected PV firm is being forced to dispose of assets success of a divestiture. See, e.g., Final Brewing as the proposed acquirer was within a limited period. Potential Judgment at 12–13, United States v. ‘‘unfairly administered,’’ see Exhibit B purchasers know this.’’ DOJ Merger United Technologies Corp., No. 1:18-cv- at 1, and believes it instead should be Remedies Manual at 25. Moreover, 02279 (D.D.C. 2018) (requiring approved as the acquirer of the considerations other than price, such as Defendants to supply transition services divestiture assets. In support of that the ability to close quickly and the such as facility management and contention, Maui Brewing states that PV likelihood of receiving approval from upkeep, government compliance, and Brewing offered a price ‘‘below fair the United States, may result in the accounting and finance, at the market value’’; Maui Brewing is more selection of a proposed acquirer who purchaser’s option); see also qualified than PV Brewing to be the offers less than the highest price. In Competitive Impact Statement at 17, acquirer; and ABI selected PV Brewing some cases, a low purchase price may United States v. Bayer AG, No. 1:18–cv– as the proposed acquirer due to its raise concerns as to whether a proposed 01241 (D.D.C. 2018) (noting that ‘‘clear ties to ABI.’’ Exhibit B at 1–3 purchaser will be a successful transition services agreements are (internal citations omitted). competitor. See, e.g., United States v. ‘‘aimed at ensuring that the [divestiture] The goal of a divestiture is to ‘‘ensure Aetna, Inc., 240 F. Supp. 3d 1, 72 assets are handed off in a seamless and that the purchaser possesses both the (D.D.C. 2017) (citing an ‘‘extremely low efficient manner . . . [and that means and the incentive to maintain the purchase price’’ as evidence that the divestiture buyer] can continue to serve level of premerger competition in the divestiture buyer was not likely to be customers immediately upon market of concern.’’ DOJ Merger able to replace the competition lost by completion of the divestitures.’’). Remedies Manual at 6. The United the merger). Transition services agreements, such States is not ‘‘to pick winners and The key inquiry is whether ‘‘the as the one contemplated by the losers’’ or to ‘‘protect or favor particular purchase price and other evidence proposed Final Judgment, are competitors.’’ Id. at 4–5. In vetting a indicate that the purchaser is unable or purposefully limited in scope. For potential acquirer, the United States’ unwilling to compete in the relevant example, the transition services ‘‘appropriate remedial goal is to ensure market.’’ See DOJ Merger Remedies provision here requires ABI to provide that the selected purchaser will Manual at 25. In its investigation here, the acquirer with transition services for effectively preserve competition the United States did not find evidence finance and accounting services, human according to the requirements in the that PV Brewing was unwilling or resources services, supply and consent decree, not that [the acquirer] unable to compete in the relevant procurement services, brewpub will necessarily be the best possible market, nor has Maui Brewing pointed consulting, on-island merchandising, competitor.’’ Id. at 24. The United States to any such evidence. brewing engineering, and information has done so here. Lastly, Maui Brewing’s concern about technology services and support—only In accordance with Paragraph IV.A. of PV Brewing’s ‘‘clear ties to ABI’’ ignores if the acquirer chooses. See Dkt. No. 2– the proposed Final Judgment, the the fact that the divestiture will not only 1, Exhibit A (Proposed Final Judgment, United States has found PV Brewing to preserve the competition likely to be Para. IV.P.). be an appropriate acquirer. Paragraph lost by the transaction, but will enhance VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15706 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices Kona Hawaii’s independence from ABI. [That the] Divestiture Assets can and will Æ We expect PV to be reliant on ABI As noted previously, before this be used by Acquirer as part of a viable, as long as PV chooses to sell bottled transaction, ABI held an approximate ongoing business of the brewing, developing, beer; 31% stake in CBA and, by extension, in packaging, importing, distributing, Æ We expect PV to be reliant on ABI marketing, promoting, and selling of Beer in Kona Hawaii. ABI also had the right to the State of Hawaii, and that the divestiture if the new brewery is not able to appoint two of the eight seats on CBA’s to Acquirer will remedy the competitive produce PV’s entire requirements of PV Board of Directors. See Complaint ¶ 13. harm alleged in the Complaint.1 Kona Brew cans and draught beer of Following the divestiture, ABI will no sufficient quality and quantity after 5 The CIS provides additional insight longer own any stake in Kona Hawaii. years. on the intent of the divestiture remedy V. Conclusion as follows: Discussion After careful consideration of the The divestiture required by the proposed Entanglement No. 1: The Common public comments, the United States Final Judgment will remedy the loss of Product continues to believe that the proposed competition alleged in the Complaint by Post divestiture, PV and ABI will each Final Judgment provides an effective establishing an independent and economically viable competitor in the market be parts of a whole and intricately and appropriate remedy for the antitrust for beer in the [S]tate of Hawaii.2 (Emphasis intertwined with the other. The violation alleged in the Complaint, and added.) ‘‘whole’’ is the universe of Kona Brew is therefore in the public interest. The products where ideally, ABI and PV will United States will move this Court to Respectfully, we are concerned that be selling the same product—Kona Brew enter the Final Judgment after the the PFJ does not meet the ‘‘public beer—as follows: comments and this response are interest’’ standard. While the PFJ published as required by 15 U.S.C. contemplates PV, a newly-formed (i) Kona Brew products are to be brewed 16(d). entity, owning the divestiture assets, and packaged in different locations: ongoing entanglements between ABI a. PV Kona Brew being brewed and Dated: March 17, 2021 and PV raise concerns that: (i) The packaged in Hawaii; and Respectfully Submitted, divestiture remedy will not establish PV b. ABI Kona Brew being brewed and FOR PLAINTIFF UNITED STATES OF to be truly independent of ABI; nor (ii) packaged on the U.S. mainland; and AMERICA establish PV to be able to effectively (ii) Kona Brew products are to be sold in different locations: lllllllllllllllllll /s/ compete with ABI in Hawaii. a. PV Kona Brew will be sold in Hawaii; Jill C. Maguire (DC#979595) We summarize our concerns as and follows: U.S. Department of Justice, Antitrust • b. ABI Kona Brew will be sold outside of Division, Assistant Chief, Healthcare & PV and ABI will be intertwined as Hawaii throughout the rest of the world.4 they both will be selling the same Consumer Products Section, 450 Fifth Street ABI Kona Brew and PV Kona Brew NW, Suite 4100, Washington, DC 20530, Tel: branded product in their respective (202) 598–8805, Fax: (202) 307–5802, Email: sales territories. are both tied to a common ‘‘story’’ of the [email protected]. • PV’s entanglement with and beer’s origins in Hawaii and the reliance on ABI’s wholly-owned advertising and lifestyle niche reflected Exhibit A distributor (‘‘WOD’’) may well mean in the marketing of the beer, e.g., the Tunney Act Comment of the Attorney that ABI will have pricing control and marketing of the products as ‘‘Liquid General of Hawaii on the Proposed Final authority over the price-to-retailer (PTR) Aloha’’ and other Hawaii-themed Judgment Filed in United States of America of PV Kona Brew which could foster: campaigns. It would not make sense for v. Anheuser-Busch InBev SA/NV, Et Al. Æ ABI’s price leadership and Molson ABI to disavow the Hawaii-connection Civil Action No. 4:20–cv–01282 Coors’s willingness to follow ABI’s nor for PV to now claim a non-Hawaii Definitions announced price increases in Hawaii; origin. and Since Defendants and PV are selling The following terms are used in this Æ Anticompetitive pricing of the PTR the same products in concept as well as comment: of PV Kona Brew in comparison to other in taste and marketing, each will be • PV—means PV Brewing Partners, beers sold by ABI in Hawaii.3 intricately intertwined with the other LLC, the acquirer of the divestiture • PV’s entanglement with and which may call for each to be moving assets, and includes Kona Brewing LLC. reliance on ABI for the performance of with the other in a highly coordinated • PV Kona Brew—means Kona Brew critical business functions through the manner. products believed to be sold by PV in Transition Services Agreement will give Entanglement No. 2: The Role of ABI’s Hawaii. ABI influence and if not a measure of Wholly Owned Distributor • ABI Kona Brew—means Kona Brew control over these business functions. products made by ABI and sold outside • By reason of the non-exclusive Per the PFJ, at the option of PV, ABI’s of Hawaii. supply contract, PV will be entangled WOD in Hawaii is required to enter into • ABI—means Defendants Anheuser- with ABI for production, packaging and a distribution agreement with PV.5 Busch InBev SA/NV), Anheuser-Busch delivery of PV Kona Brew to meet PV’s Thus, PV will logistically continue with Companies, LLC, and Craft Brew needs: the pre-transaction arrangement that Alliance, Inc. (‘‘CBA’’), unless otherwise Æ We expect PV to be close to 100% CBA had where the WOD distributed all specifically noted. reliant on ABI as its contract brewer of CBA’s Kona Brew products in • CIS—means the Competitive Impact until the new brewery is fully Hawaii.6 This WOD has distributed Statement. operational; • PFJ—means the proposed Final 4 This ideal world is not what will occur because Judgment. 1 PFJ at ¶ III.D. at p. 8. initially, portions of PV Kona Brew will be 2 CIS at p. 11. produced and packaged on the U.S. mainland and Introduction 3 The PTR is the price at which the beer is sold delivered to Hawaii for distribution by ABI’s WOD by the distributor to retailers who set the retail price to Hawaii retailers. The PFJ provides that the intent of the for customers. In this matter, the distributor is ABI’s 5 See, PFJ at ¶ IV(O) on p. 13. divestiture remedy is: wholly-owned distributor. 6 CIS at p. 16. VerDate Sep<11>2014 19:37 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15707 other ABI beers in Hawaii in the past.7 States and owner of many brands sold in But with the divestiture remedy, We expect the WOD to continue to Hawaii such as Miller Lite, Coors Light, and through its control and authority over distribute other ABI beers post- Blue Moon, has followed ABI’s announced the WOD and the PTR of PV Kona Brew, divestiture. price increases in Hawaii to a significant ABI will have the ability to prevent PV Since the WOD is wholly-owned by degree. Molson Coors’s willingness to follow ABI’s announced price increases is Kona Brew from competing against ABI, we are concerned that ABI will constrained, however, by the diversion of other beers sold by ABI and have the control and authority over the sales to other competitors who are seeking to substantially lessen competition PTR of PV Kona Brew. Such control by gain share, including CBA and its Kona between PV and ABI to benefit the sales ABI over the PTR is strongly suggested brand. of ABI’s other beers. Consider the by ¶ 29 of the Complaint which alleges 31. By acquiring CBA, ABI would gain following: that ABI has a ‘‘price leadership’’ control over Kona’s pricing and would likely • ABI has positioned one of its beers strategy, that ABI seeks to generate increase Kona’s price, thereby eliminating a in the premium segment—Michelob ‘‘industry-wide price increases,’’ that significant constraint on Molson Coors’s Ultra Pure Gold. ABI has the motivation ABI implements this strategy by pre- willingness to follow ABI’s announced price increases in Hawaii. By reducing Kona’s to suppress competition from PV Kona announcing its own price increases and constraint on Molson Coors’s willingness to Brew to protect its own premium beer purposefully making those price increase prices, the acquisition likely in Hawaii and could cause the PTR of increases, and that ABI tracks its increases the ability of ABI to facilitate price PV Kona Brew to be above the PTR of primary competitors: coordination, thereby resulting in higher Michelob Ultra Pure Gold. 29. Historically, ABI has employed a ‘‘price prices for beer sold in Hawaii. For this • ABI, through its control and leadership’’ strategy throughout the United reason, ABI’s acquisition of CBA likely authority, could increase the PTR of PV States, including in Hawaii. According to this would substantially lessen competition in Kona Brew to remove a constraint on strategy, ABI, with the largest beer sales in Hawaii in violation of Section 7 of the ABI’s ability to raise prices in other Clayton Act. (Emphasis added.) the United States and Hawaii, seeks to segments. The Complaint contains an generate industry-wide price increases by The divestiture remedy does not implicit acknowledgement that the level pre-announcing its own price increases and remove nor lessen the prospect of a of PV Kona Brew’s price could constrain purposefully making those price increases violation of Section 7 of the Clayton transparent to the market so its primary ABI’s ability to raise its beer prices not competitors will follow its lead. These Act. Due to ABI’s control and authority only in the premium segment but also announced price increases, which can vary over the PTR, ABI will still possess the in core-plus and other beer segments: ability to remove any pricing constraint by geography because of different . . . [T]he competition provided by CBA’s competitive conditions, typically cover a associated with the PTR of PV Kona Kona in the premium segment [has served] as broad range of beer brands and packages (e.g., Brew and thereby pave the way for an important constraint on the ability of ABI container and size). After announcing price Molson Coors to follow any price to raise its beer prices not only in the increases, ABI tracks the degree to which its increases announced by ABI in Hawaii. premium segment, but also in core-plus and primary competitors match its price other beer segments.10 (Emphasis added.) increases. Depending on the competitive Problem No. 2: Anticompetitive Pricing response, ABI will either maintain, adjust, or of PV Kona Brew Versus Other Beers In addition, ABI would likely prevent rescind an announced price increase. Sold by ABI in Hawaii PV Kona Brew from being priced lower to compete against ABI’s value, core, or The allegations do not mention the The entanglement between PV and core-plus beers to avoid eroding sales in authority of the WOD to set the PTR or ABI’s WOD may negatively impact price Hawaii of ABI’s beers in these segments. the WOD’s discretion on competition between PV Kona Brew and ABI and PV may assert that a implementation of the price leadership other ABI beers sold in Hawaii. premium beer such as PV Kona Brew strategy. In fact, the allegations read as ABI groups beers into five segments would not be priced to compete with if the WOD does not have any role or and sells beers in each segment in other beers sold by ABI in Hawaii involvement with ABI’s industry-wide Hawaii: price increases, and in particular, as to 1. Value (Busch Light and Natural because the other ABI beers appeal to price increases applicable to Hawaii. Light); different tastes and customers. That We are therefore concerned that the 2. Core (Bud Light and Budweiser); said, the pricing is under the control of entanglement of PV with ABI’s WOD 3. Core-plus (Michelob Ultra and Bud ABI. Also, consumers are not strictly will pose at least two (2) Light Lime); prohibited from buying other than their anticompetitive pricing problems: 4. Premium (Michelob Ultra Pure favorite beer, especially if another beer Gold); and is a premium beer sold at a competitive Problem No. 1: Facilitating ABI’s Price price. As noted earlier, the Complaint Leadership viz. Molson Coors 5. Super-premium (Stella Artois and Golden Road).8 acknowledges that price can cause The CIS at p. 10 describes a concern Importantly, as noted earlier, the consumers switch beers or ‘‘trade up’’ or that through the proposed transaction, WOD has distributed other ABI beers in ‘‘trade down’’ in response to changes in ‘‘ABI would gain control over Kona’s Hawaii, and we expect it will continue price. pricing and would likely increase to do so post-divestiture. * * * * * Kona’s price, thereby eliminating a We are not aware of any prohibition While PV has the option to arrange for significant constraint on Molson Coors’s that would prevent PV from seeking to a new distributor, pursuit of this option willingness to follow ABI’s announced have PV Kona Brew priced sufficiently will likely be a daunting task that could price increases in Hawaii.’’ The low by a distributor independent of ABI Complaint describes the dynamics as to effectively compete with ABI’s beers consumers to switch beers or ‘‘trade up’’ or ‘‘trade follows: in other segments, such as: (i) The Value down’’ between segments: 30. For many years, Molson Coors Beverage segment; (ii) the Core segment; or (iii) Consumers may ‘‘trade up’’ or ‘‘trade down’’ 9 between segments in response to changes in price. Company (‘‘Molson Coors’’), the brewer with the Core-plus segment. For example, as the prices of core-plus brands the second-largest beer sales in the United approach the prices of premium brands, consumers 8 CIS at p.4. are increasingly willing to ‘‘trade up’’ from core- 7 See, e.g., https://www.yellowpages.com/aiea-hi/ 9 The Complaint at ¶ 16 acknowledges the plus brands to premium brands. mip/anheuser-busch-sales-of-hawaii-inc-11728049. importance of changes in price in prompting 10 Complaint at ¶ 16. VerDate Sep<11>2014 19:37 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15708 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices impair distribution of PV Kona Brew. As Brewing competing effectively in as far back as 2018 if not earlier.17 The CBA has noted in the past, changing the Hawaii.’’ 14 exact timing of when the brewery will distribution network is a challenging Per the CIS: be certified as being fully operational is task: • ‘‘Any transition Services agreement unknown. But we do know that may last for a period of up to 18 We have a continuing relationship with Defendants will be deemed to have months;’’ complied with their PFJ obligation on Anheuser-Busch, LLC and the current • distribution network that would be difficult The transition services agreement the new brewery if: to replace. Most of our products are sold and contemplates ‘‘employees of (i) The new brewery achieves an distributed through A–B’s distribution Defendants’’ being ‘‘tasked with average production capacity of 1,500 network. If the A–B Distributor Agreement supporting the transition services barrels of saleable Beer each calendar were terminated, we would be faced with a agreement;’’ and week for three consecutive calendar • number of operational tasks, including ‘‘Any transition services agreement weeks within 180 calendar days after establishing and maintaining direct contracts must be time-limited to incentivize [PV] the Court’s entry of the Stipulation and with the existing wholesaler network or to become a fully independent Order; 18 and negotiating agreements with replacement competitor of [ABI].’’ 15 wholesalers on an individual basis, and (ii) If Defendants warrant to PV that But consider that a complete the new brewery is operational and enhancing our credit evaluation, billing and termination of services via the accounts receivable processes. Such an without material defect.19 undertaking would require significant effort Transition Services Agreement will If these metrics are not met, then and substantial time to complete, during likely occur only if PV has acquired Defendants will be required to pay which the distribution of our products could employees sufficient and capable of $25,000 per day until they achieve be impaired. We are dependent on our substantially performing the myriad compliance per the PFJ.20 wholesalers for the sale of our products.11 functions without the assistance of At the moment, until the brewery is (Emphasis added.) Defendants. While there is an intent to fully operational, there is uncertainty as Furthermore, the challenge could be limit the term of the agreement to 18 to the true capability of the new brewery far greater because we are not aware of months, we are not aware of an absolute to produce the entire product spectrum any publicly available information prohibition on an amendment to extend and quantity of PV Kona Brew cans and showing that the principals of PV have: the term beyond 18 months to address draught beer. We therefore expect PV (i) Experience in running a Hawaii- any employment shortcomings will remain reliant on ABI for the based hands-on beer brewing operation; experienced by PV. We also note that production, packaging, and delivery of (ii) experience with doing business in the CIS contemplates changes and beer sufficient to meet PV’s immediate Hawaii; or (iii) experience with provides on p. 18 that ‘‘to the extent PV needs via the non-exclusive supply servicing all the retail connections that Brewing or Defendants seek to amend or contract with ABI. purchased Kona Brew beer from the modify any transition services This entanglement of PV with ABI WOD. agreement, the United States must through the non-exclusive supply approve any changes.’’ Thus, we remain concerned that the contract should provide the products Thus, we remain concerned that PV needed by PV and promote consistency entanglement of PV with ABI’s WOD will remain entangled with ABI for poses anticompetitive pricing problems. between PV Kona Brew and ABI Kona critical services beyond 18 months. Brew until the new brewery is fully Entanglement No. 3: ABI’s Provisioning Entanglement No. 4: Contract Brewing operational. The supply agreement may of Transition Services. of PV Kona Brew by ABI be for a period of five (5) years as contemplated by the PFJ—an initial Per the PFJ, at the option of PV, Per the PFJ, at the option of PV, three year period plus two one-year Defendants are required to enter into a Defendants are required to enter into a periods. contract to provide transition services to non-exclusive supply contract for the PV.12 PV will be entangled with and We remain concerned, however, that production, packaging, and delivery of PV’s entanglement with ABI via the reliant upon ABI for the performance of 16 beer. non-exclusive supply contract will critical business functions through the We understand the logic of the continue beyond five (5) years for three Transition Services Agreement which contract brewing arrangement given: (i) reasons. First, it is unclear whether and will give ABI influence if not a measure The history of ABI brewing Kona Brew to what extent the new brewery will be of control over these functions. These beer for years due to the absence of a able to brew all the canned beer and functions are: fully operational brewery in Hawaii • Finance and accounting services; draught beer needed by PV. capable of handling CBA’s production Second, we are not aware of an • Human resources services; requirements; and (ii) the fact that ABI absolute prohibition on an amendment • Supply and procurement services; and PV will both selling a common • to extend the term of the non-exclusive Brewpub consulting; product such that the quality of PV supply contract beyond five (5) years • On-island merchandising; Kona Brew must be commensurate with months to address production • Brewing engineering; and ABI Kona Brew. PV will be acquiring a new brewery • Information technology services 17 The CBA 2017 10–K report at p. 23 stated that and support.13 that has been under construction since ‘‘In 2016, we held a groundbreaking ceremony for The CIS describes the brewing a new brewery near our existing brewery and pub 14 CIS at p. 17. in Kona. The new brewery, which is being built engineering function as ‘‘particularly 15 CIS at pp. 17 & 18. Interestingly, the CIS does with sustainability in mind, is scheduled to go important to PV Brewing to ensure that not express the sentiment that PV be incentivized online in the first quarter of 2019.’’ The CBA 2018 it can run the new brewery and produce to become a ‘‘fully independent competitor’’ with 10–K report at p. 7 stated that that the brewery was saleable Beer—which is critical to PV respect to the distributor agreement with the WOD scheduled to go online in the latter half of 2019. nor the non-exclusive supply contract with 18 It is not clear what ‘‘1,500 barrels of saleable Defendants discussed later. beer’’ represents in terms of PV’s production 11 See, Risk Factors’’ section of CBA’s 2018 10– 16 See, PFJ at ¶ IV(N) on pp. 12–13. The requirements nor clear as to the extent 1,500 barrels K at pp. 16–17. movement of PV Kona Brew from the mainland will free PV from ABI’s contract brewing role. 12 See, PFJ at ¶ IV(P) on pp. 13–14. brewery to the WOD appears to be a continuous 19 CIS at p. 13 referring to PFJ at ¶ IV.B and J. 13 CIS at p. 17. flow with title to the beer remaining with ABI. 20 CIS at p. 13. VerDate Sep<11>2014 19:37 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15709 shortcomings experienced by PV. Here, non-ABI brewing option.22 We are Æ ABI’s price leadership and Molson we note that the CIS contemplates concerned that this entanglement Coors’s willingness to follow ABI’s changes and provides on p. 16 that ‘‘to between PV and ABI via the non- announced price increases in Hawaii; the extent PV Brewing or Defendants exclusive supply contract with ABI will and seek to amend or modify any supply continue beyond 5 years as long as PV Æ Anticompetitive pricing of the PTR agreement, the United States must chooses to sell bottled beer and/or if the of PV Kona Brew in comparison to other approve any changes.’’ new brewery is not able to produce PV’s beers sold by ABI in Hawaii. Third, PV does not have the facilities entire requirements of PV Kona Brew • PV’s entanglement with and in Hawaii to brew bottled beer.21 PV cans and draught beer of sufficient reliance on ABI for the performance of 23 will therefore be reliant on the non- quality and quantity after 5 years. critical business functions through the exclusive supply contract with ABI as Summary Transition Services Agreement will give long as PV decides to sell PV Kona Brew ABI influence and if not a measure of Based on the above, we are concerned in bottles. control over these business functions. that the PFJ does not meet the ‘‘public • By reason of the non-exclusive Admittedly, PV will have the option interest’’ standard. Ongoing supply contract, PV will be entangled to contract with other brewers to brew entanglements between ABI and PV with ABI for production, packaging and its PV Kona Brew in bottles as well as raise concerns that the divestiture in cans and draught. But the fact that PV delivery of PV Kona Brew: remedy will not establish PV to be: (i) Æ may pursue a non-ABI brewing option Truly independent of ABI; and (ii) able We expect PV to be close to 100% does not mean the option is viable due to effectively compete with ABI in reliant on ABI as its contract brewer to: (i) The intricacies of switching to a Hawaii: until the new brewery is fully new brewery; (ii) the need to ensure • PV and ABI will be intertwined as operational; quality control and consistency between they both will be selling the same Æ We expect PV to be reliant on ABI the multiple PV Kona Brew products branded product in their respective as long as PV chooses to sell bottled and ABI Kona Brew products; and (iii) sales territories. beer; and the need to ensure sufficient production • PV’s entanglement with and Æ We expect PV to be reliant on ABI quantities. That ‘‘Defendants are already reliance on ABI’s wholly-owned if the new brewery is not able to familiar with the recipes and brewing distributor may well mean that ABI will produce PV’s entire requirements of PV processes for Kona brands’’ and have have pricing control and authority over Kona Brew cans and draught beer of the brewing capacity provides much the price-to-retailer of PV Kona Brew sufficient quality and quantity after 5 comfort if not inertia against pursuing a which could foster: years. EXHIBITB A. i .. •~~ ~AJ ► o~ MAUI KUPU BREWINGC! MAUI -SPIRITS - HARD SELiZER 7 December 2020 Re: Testimony; United States of Alliance (CBA) assets in Hawaii to PV America, Plaintiff, v. Anheuser-Busch Brewing of Kansas as we feel that the Robert A. Lepore, Chief, INBEV SA/NV, Anheuser-Busch divestiture process was unfairly Transportation, Energy, and Agriculture Companies, LLC, and Craft Brew administered, and a buyer was selected Section Antitrust Division, Alliance, Inc. for their clear ties to Anheuser Busch Department of Justice, 450 5th Street Aloha Mr. Lepore, InBev (ABI) and at a price substantially NW, Suite 8000, Washington, DC I would like to provide comment on below ‘‘fair market value’’. In the 20530 the proposed sale of the Craft Brewers currently proposed structure, there is 21 CIS at p. 15. comingled with cans and bottles produced and to clearly and conspicuously inform consumers of 22 CIS at p. 15. packaged for PV by ABI on the U.S. mainland under where the particular PV Kona Brew was brewed. 23 We also remain concerned over the potential contract; and/or (ii) mainland-brewed beer being The notice provided by ABI on packaging used to customer confusion that could be caused by: (i) poured in bars and restaurants in Hawaii without date has not been as clear and conspicuous to ‘‘locally-made’’ PV Kona Brew cans being any signage. One solution is packaging and notice inform consumers of where the beer was brewed. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MR21.000 15710 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices simply no separation in the short or 30,000 square foot facility is simply not with a separate successful career long term from ABI. capable of producing 100,000 barrels a decides to start a brewery in Hawai1i For a bit of background our company year. There are many ways to evaluate with no plans to move here to operate is 100% locally owned in Hawai1i and this. By comparison we operate an it, begins his career as a brewer with a is a small closely held family business. 82,000 facility approximately 65,000 of brand like Kona. Furthermore, that the We began brewing in 2005 with the which is dedicated to brewing and have assets are sold at a price that could only simple idea that or State needed an a true 100,000-barrel capacity facility. be described as a ‘‘sweetheart deal’’ authentic craft beer that was truly made The shipping and logistics challenges in awarded to former ABI company men to in Hawai1i. At the time there were very Hawai1i alone do not allow for this to be ensure long-term influence over the few brewing operations and Kona was achieved. I have done a comprehensive Kona brand in Hawai1i and across the the only widely sold offering, and even analysis on all the publicly available world. then was not made in Hawai1i. Even data for the new brewery in Kona and I then begin to look at the term back then, all the packaged product suffice to say it is not nearly capable of ‘‘qualified buyer’’. It would seem to me (cans did not exist at the time) and brewing all of Kona’s beer for Hawai1i. that a company such as ours, with a much of the draft was being brewed on Their own marketing materials when dedicated, local, top-tier team operating the mainland, shipped to Hawai1i and looking to sell the Hawai1i assets state 4 restaurants and the largest brewing sold as supposedly ‘‘local’’ and being that the ‘‘new brewery will allow for the operation in the State offering more from Hawaii. We saw an opportunity to majority of its Hawaiian consumed money should at least be considered. bring authenticity and a sense of place products to be locally brewed’’. This by From an experience standpoint, no one to craft beer in Hawai1i and from that definition means that any ‘‘transitional in Hawai1i and no one outside of Hawai1i simple idea Maui Brewing Co. (MBC) brewing agreement’’ is not meant to be has more experience brewing in the was born. temporary and in fact be a long-term islands than we do. To say that it’s a Maui Brewing Co. is Hawai1i’s largest reliance and as soon as no one is challenge to brew in Hawai1i is an craft brewer, and brewery for that watching it is unlikely to believe PV understatement and we have proven our matter. No one brews as much beer in will attempt to brew 100% of the beer capabilities of brewing nearly 60,000 the State as we do. We have a 16-year in Hawai1i. Therefore, by allowing PV barrels of beer each year. I am also a history of brewing in the islands with Brewing (backed by a private equity founding member of the Hawaiian Craft volumes that far surpass those of our firm) to purchase Kona’s assets with a Brewers Guild, Vice-Chair of the competitors by at least 4-fold. We also former ABI executive with a full-time Brewers Association, and have been led operate 4 restaurant locations; two on position as President/Chief Operating more than a dozen legislative actions in Maui and two on Oahu. Our craft beer Officer of a larger grocer managing from Hawai1i making a profound impact on is synonymous with authenticity, afar, a brand that is owned in the rest the brewing community and access to quality, innovation and sense of place. of the world by ABI, selling beer brewed beer. Additionally, our restaurant We are local and every drop of beer by ABI, to an ABI Wholly Owned operations group has the capability to brewed to date has been brewed in Distributor (WOD). Where exactly is the handle additional locations. I believe Hawai1i. disconnect from ABI? our company is not only a qualified When we learned of the proposed I subsequently placed a direct and buyer, but the most qualified buyer due divestiture of the Kona brands in State, unsolicited Indication of Interest for a to our experience and capabilities. along with the sale of the new brewery significant premium over the PV It would seem that if the sale was and retail locations we were intrigued at Brewing offer for our company to meant to be a legitimate divestiture of the opportunity to combine the two acquire the Kona assets in Hawai1i. I was the Kona Brewing assets in Hawai1i, the brands into a truly authentic Hawai1i clear that this Indication of Interest (IOI) sale would have been awarded to a organization leveraging the strengths of could be swiftly converted to Letter of buyer exhibiting a history of brewing in both. Most importantly I saw a vision of Intent (LOI) and provide the basis for a Hawai1i at the annual volumes needed to two brands coming together for the Sale Agreement and close quickly to meet demand, willing to pay a higher betterment of Hawai1i and to finally meet to needs of all parties. Prior to this price, maximize shareholder value, has bring legitimacy to the Kona brands direct offer, I was a consultant on an existing restaurant operations in Hawai1i across the State, meaning that this offer that was nearly a 3X premium capable of operating the two Kona pubs, would then be truly brewed in Hawai1i. above what was ultimately paid. I and has a brewery with additional In my eyes this was something to be would think that the shareholders of capacity to handle it’s volume and celebrated and bringing the Kona brand CBA would have wanted their company augment the shortfall of the new Kona back to Hawai1i would be my honor. We to accept a qualified buyer and the facility to meet demand without long followed this transaction closely and highest bid. term reliance on ABI for brewing. Again, were part of one offer through another From an enterprise value viewpoint, it is inconceivable that PV Brewing can group. This offer was not accepted and the purchase price awarded to PV meet the Hawai1i demand for the various was likely ignored. The reason I say Brewing seems quite low. What was beers and packaging configurations ‘ignored’ is that when we learned to advertised as a 24MM+ new brewery, without long-term reliance on ABI. whom the sale was awarded, we were with 2 successful restaurants grossing Without true capabilities to brew 100% all shocked at the extremely low price north of 15MM, on top of over a million of the KBC demand in Hawai1i, ABI and only I was not surprised by the fact case equivalents of beer sold in State, WOD in Hawai1i will simply be ordering that a former ABI executive was going could certainly not be sold for 16MM as and receiving direct containers of KBC to be purchasing the assets of Kona. I a legitimate enterprise value. To me, brand beer from ABI facilities on the truly did not believe that the and many others, it seems this process mainland, these containers would never Department of Justice (DOJ) would was not conducted fairly and there even touch the loading dock at ‘‘PV approve this structure as a buyer as it clearly were motives at play to keep Brewing’’ on the Big Island. With an does not in any way fully disconnect Kona as much under ABI influence as integration of Maui Brewing Co. and ABI from Kona. possible. A reasonable person can see Kona Brewing Co. operating as two I look at the published information on this for what it is. It is unlikely to separate ‘‘partner’’ brands we would be the new brewing facility in Kona. A believe that a former ABI executive, 100% self-sufficient after a short VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15711 transition brewing agreement. Between Enforcement Administration, Attn: hearing on the application on or before the two facilities MBC and KBC, we Hearing Clerk/OALJ, 8701 Morrissette April 23, 2021. would have capacity, redundancy and Drive, Springfield, Virginia 22152; and ADDRESSES: Written comments should true economies of scale to execute this (2) Drug Enforcement Administration, be sent to: Drug Enforcement plan completely free from ABI Attn: DEA Federal Register Administration, Attention: DEA Federal influence. Representative/DPW, 8701 Morrissette Register Representative/DPW, 8701 I have prepared a spreadsheet with Drive, Springfield, Virginia 22152. Morrissette Drive, Springfield, Virginia data from my analysis of the publicly SUPPLEMENTARY INFORMATION: In 22152. All requests for a hearing must available information from the new accordance with 21 CFR 1301.34(a), this be sent to: Drug Enforcement brewery construction along with is notice that on March 1, 2021, Administration, Attn: Administrator, valuation metrics for the company. I can Shertech Laboratories, LLC, 1185 Woods 8701 Morrissette Drive, Springfield, share this at the appropriate time in our Chapel Road, Duncan, South Carolina Virginia 22152. All requests for a discussion. 29334, applied to be registered as an hearing should also be sent to: (1) Drug In closing we feel that the divestiture importer of the following basic class(es) Enforcement Administration, Attn: process was unfairly administered, and of controlled substance(s): Hearing Clerk/OALJ, 8701 Morrissette a buyer was selected for their clear ties Drive, Springfield, Virginia 22152; and to ABI and the desire to maintain Controlled substance Drug Schedule (2) Drug Enforcement Administration, influence. We are still an interested code Attn: DEA Federal Register party and would like the opportunity to Cocaine ...... 9041 II Representative/DPW, 8701 Morrissette be considered as a buyer for the Kona I I Drive, Springfield, Virginia 22152. Brewing assets within Hawai1i. The company plans to import SUPPLEMENTARY INFORMATION: In Sincerely, synthetic derivatives of the listed accordance with 21 CFR 1301.34(a), this /s/ controlled substance in bulk form to is notice that on February 26, 2021, Garrett W. Marrero conduct clinical trials. No other activity Medi-Physics Inc dba GE Healthcare, CEO, Founder, 3350 North Ridge Avenue, Arlington Maui Brewing Co. for this drug code is authorized for this [FR Doc. 2021–05988 Filed 3–23–21; 8:45 am] registration. Heights, Illinois 60004–1412, applied to be registered as an importer of the BILLING CODE 4410–11–P Approval of permit applications will occur only when the registrant’s following basic class(es) of controlled business activity is consistent with what substance(s): DEPARTMENT OF JUSTICE is authorized under 21 U.S.C. 952(a)(2). Authorization will not extend to the Drug Controlled substance code Schedule Drug Enforcement Administration import of Food and Drug [Docket No. DEA–813] Administration-approved or non- Ecgonine ...... 9180 II approved finished dosage forms for Importer of Controlled Substances commercial sale. The company plans to import Application: Shertech Laboratories, William T. McDermott, derivatives of the controlled substance LLC Assistant Administrator. to be used for the manufacture a diagnostic product and reference AGENCY: Drug Enforcement [FR Doc. 2021–06031 Filed 3–23–21; 8:45 am] Administration, Justice. standards. No other activity for this drug BILLING CODE 4410–09–P code is authorized for this registration. ACTION: Notice of application. Approval of permit applications will SUMMARY: Shertech Laboratories, LLC DEPARTMENT OF JUSTICE occur only when the registrant’s has applied to be registered as an business activity is consistent with what importer of basic class(es) of controlled Drug Enforcement Administration is authorized under 21 U.S.C. 952(a)(2). substance(s). Refer to Supplemental Authorization will not extend to the Information listed below for further [Docket No. DEA–812] import of Food and Drug Administration-approved or non- drug information. Importer of Controlled Substances DATES: Registered bulk manufacturers of approved finished dosage forms for Application: Medi-Physics Inc dba GE commercial sale. the affected basic class(es), and Healthcare applicants therefore, may file written William T. McDermott, comments on or objections to the AGENCY: Drug Enforcement Assistant Administrator. issuance of the proposed registration on Administration, Justice. [FR Doc. 2021–06030 Filed 3–23–21; 8:45 am] or before April 23, 2021. Such persons ACTION : Notice of application. BILLING CODE 4410–09–P may also file a written request for a hearing on the application on or before SUMMARY: Medi-Physics Inc dba GE April 23, 2021. Healthcare has applied to be registered DEPARTMENT OF JUSTICE ADDRESSES: Written comments should as an importer of basic class(es) of be sent to: Drug Enforcement controlled substance(s). Refer to Drug Enforcement Administration Administration, Attention: DEA Federal Supplemental Information listed below Register Representative/DPW, 8701 for further drug information. [Docket No. DEA–811] Morrissette Drive, Springfield, Virginia DATES: Registered bulk manufacturers of 22152. All requests for a hearing must the affected basic class(es), and Importer of Controlled Substances be sent to: Drug Enforcement applicants therefore, may file written Application: Perkinelmer, Inc. Administration, Attn: Administrator, comments on or objections to the AGENCY: Drug Enforcement 8701 Morrissette Drive, Springfield, issuance of the proposed registration on Administration, Justice. Virginia 22152. All requests for a or before April 23, 2021. Such persons ACTION: Notice of application. hearing should also be sent to: (1) Drug may also file a written request for a VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15712 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices SUMMARY: Perkinelmer, Inc. has applied approved finished dosage forms for http://www.justice.gov/enrd/consent- to be registered as an importer of basic commercial sale. decrees. class(es) of controlled substance(s). Cherie Rogers, Refer to Supplemental Information William T. McDermott, listed below for further drug Assistant Administrator. Assistant Section Chief, Environmental Defense Section, Environment and Natural [FR Doc. 2021–06029 Filed 3–23–21; 8:45 am] information. Resources Division. BILLING CODE 4410–09–P DATES: Registered bulk manufacturers of [FR Doc. 2021–06044 Filed 3–23–21; 8:45 am] the affected basic class(es), and BILLING CODE 4410–CW–P applicants therefore, may file written DEPARTMENT OF JUSTICE comments on or objections to the issuance of the proposed registration on Notice of Lodging Proposed Consent DEPARTMENT OF JUSTICE or before April 23, 2021. Such persons Decree may also file a written request for a National Institute of Justice hearing on the application on or before In accordance with Departmental [OJP (NIJ) Docket No. 1790] April 23, 2021. Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in Law Enforcement Mental Health and ADDRESSES: Written comments should Wellness Application Software Market United States v. John Raftopoulos, et al., be sent to: Drug Enforcement Survey Administration, Attention: DEA Federal Civil Action No. 1:20–CV–03166–SKC, Register Representative/DPW, 8701 was lodged with the United States AGENCY: National Institute of Justice Morrissette Drive, Springfield, Virginia District Court for the District of (NIJ), Office of Justice Programs, Justice. 22152. All requests for a hearing must Colorado on March 18, 2021. ACTION: Notice of request for be sent to: Drug Enforcement This proposed Consent Decree information. Administration, Attn: Administrator, concerns a complaint filed by the SUMMARY: The National Institute of 8701 Morrissette Drive, Springfield, United States against Defendants John Virginia 22152. All request for a hearing Justice (NIJ) is soliciting information for Raftopoulos, Diamond Peak Cattle use in an upcoming Criminal Justice should also be sent to: (1) Drug Company, LLC, and Rancho Greco Enforcement Administration, Attn: Testing and Evaluation Consortium Limited, LLC, pursuant to Section 309 (CJTEC) report that will provide a Hearing Clerk/OALJ, 8701 Morrissette of the Clean Water Act, 33 U.S.C. 1319, Drive, Springfield, Virginia 22152; and landscape view of application software to obtain injunctive relief from and (2) Drug Enforcement Administration, for mental health and wellness in the impose civil penalties against the Attn: DEA Federal Register law enforcement community. The report Defendants for violating the Clean Water Representative/DPW, 8701 Morrissette will highlight the vendors/developers Drive, Springfield, Virginia 22152. Act by discharging pollutants without a creating mental health and wellness permit into waters of the United States. application software products (apps) SUPPLEMENTARY INFORMATION: In The complaint also seeks to obtain directed to law enforcement end users accordance with 21 CFR 1301.34(a), this injunctive relief and damages from the and other first responders. The report is notice that on February 23, 2021, Defendants for violating Sections 302, will also consider these mental health Perkinelmer, Inc., 120 East Dedham 303, and 310 of the Federal Land Policy and wellness apps in terms of the Street, Boston, Massachusetts 02118– and Management Act of 1976, 43 U.S.C. broader context of the rapidly evolving 2852, applied to be registered as an 1732, 1733 and 1740, and for trespass marketplace for fitness and health and importer of the following basic class(es) on federal public lands. The proposed wellness products for consumer and of controlled substance(s): Consent Decree resolves these medical applications. allegations by requiring the Defendants DATES: Emailed responses must be to restore the impacted areas and to pay received (and mailed responses civil penalties and damages. postmarked) by 5:00 p.m. Eastern Time Controlled substance Drug Schedule code The Department of Justice will accept on May 10, 2021. written comments relating to this ADDRESSES: Responses to this request Lysergic Acid 7315 I proposed Consent Decree for thirty (30) may be submitted electronically by Diethylamide. email to Blaide Woodburn at Thebaine ...... 9333 II days from the date of publication of this I I Notice. Please address comments to [email protected] with the Alan Greenberg, United States subject line ‘‘Law Enforcement Mental The company plans to import the Department of Justice, Environment and Health and Wellness Application listed controlled substances for bulk Software Market Survey Federal Natural Resources Division, manufacturing of the radioactive form Register Response.’’ Responses may also Environmental Defense Section, 999 and sold to its customers for research be sent by mail to the following address: 18th Street, Suite 370, Denver, CO purposes. Drug code 9333 (Thebaine) Criminal Justice Testing and Evaluation 80202, pubcomment_eds.enrd@ will be used to import the Thebaine Consortium (CJTEC), ATTN: Blaide derivative Diprenorphine. No other usdoj.gov, and refer to United States v. Woodburn, Law Enforcement Mental activity for this drug code is authorized Raftopoulos, et al., DJ #90–5–1–1– Health and Wellness Application for this registration. 21104. Software Market Survey Federal Approval of permit applications will The proposed Consent Decree may be Register Response, RTI International, occur only when the registrant’s examined at the Clerk’s Office, United P.O. Box 12194, 3040 E Cornwallis business activity is consistent with what States District Court for the District of Road, Research Triangle Park, NC is authorized under 21 U.S.C. 952(a)(2). Colorado, Alfred A. Arraj Courthouse, 27709–2194. Authorization will not extend to the 901 19th Street, Denver, CO 80294. In FOR FURTHER INFORMATION CONTACT: For import of Food and Drug addition, the proposed Consent Decree more information on this market survey, Administration-approved or non- may be examined electronically at please contact Matt Mecray (CJTEC) by VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15713 telephone at 207–829–6084 or encourages respondents to provide or by email at DOL_PRA_PUBLIC@ [email protected] . For more information information in common file formats, dol.gov. on the NIJ CJTEC, visit https:// such as Microsoft Word, pdf, or plain SUPPLEMENTARY INFORMATION: The WRP nij.ojp.gov/funding/awards/2018-75-cx- text. Each response should include is a recruitment and referral program k003 and view the description, or contact information. that connects students with disabilities contact Steven Schuetz (NIJ) by Jennifer Scherer, to an opportunity for employment. telephone at 202–514–7663 or at Through participating colleges and [email protected]. Please note Acting Director and Principal Deputy Director, National Institute of Justice. universities, WRP creates a database for that these are not toll-free telephone Federal and select private-sector numbers. [FR Doc. 2021–06026 Filed 3–23–21; 8:45 am] BILLING CODE 4410–18–P employers nationwide to find highly SUPPLEMENTARY INFORMATION: motivated college students and recent Information sought: CJTEC is seeking graduates with disabilities who are information on products, such as DEPARTMENT OF LABOR eager to demonstrate their abilities in application software and other the workplace through summer or technologies, that can help the law Office of the Secretary permanent jobs. Candidates represent enforcement community monitor and all majors, and range from college manage their own mental health and Agency Information Collection freshmen to graduate students and law wellness. Specifically, the team is Activities; Comment Request; students. Information from these seeking technologies that fit one or more Workforce Recruitment Program candidates is compiled in a searchable of these categories: (WRP) database that is available through this • website to Federal Human Resources Products specifically developed for AGENCY: Office of Disability the use of the law enforcement and Specialists, Equal Employment Employment Policy (ODEP), United Opportunity Specialists, and other criminal justice community States Department of Labor (DOL). • Products specifically developed for Federal employees and hiring officials ACTION: Notice of information first responders or individuals in in Federal agencies. collections and request for comments. analogous high-stress work Every year, WRP staff approach more than 300 colleges and universities to environments SUMMARY: In compliance with the participate in the WRP recruitment • Products designed as consumer/ Paperwork Reduction Act of 1995, the process for the year. WRP School corporate mental health and wellness DOL is soliciting public comments Coordinators at these schools conduct tools but are applicable to the law regarding this ODEP-sponsored outreach to their eligible students and enforcement community information collection to the Office of encourage them to apply to participate Usage: Information provided in Management and Budget (OMB) for in the WRP. School Coordinators must response to this request may be review and approval. be college staff and are usually from the published in a landscape report on DATES: Comments pertaining to this career or disability services office. mental health and wellness application information collection are due on or Candidates that are approved by the software for law enforcement. This RFI before May 24, 2021. School Coordinators and completed the is intended to solicit important general ADDRESSES: application by the deadline are given information from product developers, Electronic submission: You may the opportunity to have an elective which may lead to later discussions to submit comments and attachments informational interview with a trained help complete a technical specifications electronically at http:// volunteer WRP Recruiter from a Federal table about the product that will be www.regulations.gov. Follow the online agency. referenced in the report. instructions for submitting comments. To be eligible to register, candidates CJTEC is seeking a response from Mail submission: 200 Constitution must be current, full-time, degree- technology vendors/developers that Ave. NW, Room S–5315, Washington, seeking undergraduate or graduate includes: DC 2020. students with a disability, or have 1. Name and description of product Comments are invited on: (1) Whether graduated within two and a half years 2. The type of product (application the collection of information is of the release of the database each software or other technology-enabled necessary for the proper performance of December. Candidates must be U.S. solution) the functions of the DOL, including citizens, must be attending or have 3. Who this product was created for (law whether the information will have graduated from a U.S. accredited college enforcement/criminal justice practical utility; (2) if the information or university, and be eligible under the community, first responders, general will be processed and used in a timely Schedule A Hiring Authority for employees, or other) manner; (3) the accuracy of the DOL’s persons with disabilities. Candidates 4. Overview of product features and estimates of the burden and cost of the must also be approved by a WRP School literature supporting concepts behind collection of information, including the Coordinator to apply to WRP and the application software validity of the methodology and participate in an interview. 5. Research studies on efficacy of the assumptions used; (4) ways to enhance Candidates are not interviewing for application software the quality, utility and clarity of the specific positions at specific agencies. 6. User testimonials information collection; and (5) ways to They have the opportunity to have an 7. Photo/screenshot of the product minimize the burden of the collection of elective informational interview with a 8. Contact information for a future information on those who are to Federal recruiter to learn about Federal conversation (name, role, email, respond, including the use of automated service and discuss their career path. phone number) collection techniques or other forms of Candidates are not placed into jobs; they An independent response should be information technology. are simply applying to be part of a submitted for each product that FOR FURTHER INFORMATION CONTACT: database of postsecondary students and respondents would like CJTEC to David Rosenblum by telephone at 202– recent graduates with disabilities that is consider in their landscape report. NIJ 693–7840 (this is not a toll-free number) made available to Federal employers VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15714 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices directly and to the private sector Total Estimated Annual Time Burden: and Training Administration, has through a contractor. Employers will 2,500 hours. instituted investigations pursuant to then reach out to candidates directly if Total Estimated Annual Other Costs Section 221(a) of the Act. they are interested in interviewing or Burden: $0. The purpose of each of the hiring them for a specific position. investigations is to determine whether Candidates should be aware that WRP is ESTIMATED HOURS OF BURDEN TO the workers are eligible to apply for not a guarantee of employment and not PARTICIPANT DATA COLLECTION— adjustment assistance under Title II, everyone who participates in WRP is YEARS 1–3 Chapter 2, of the Act. The investigations contacted by employers. will further relate, as appropriate, to the This information collection is subject Study Number of Hours/ determination of the date on which total to the Paperwork Reduction Act (PRA). respondents response or partial separations began or A Federal agency generally cannot Year 1 ...... 2,500 1 threatened to begin and the subdivision conduct or sponsor a collection of Year 2 ...... 2,500 1 of the firm involved. information, and the public is generally Year 3 ...... 2,500 1 The petitioners or any other persons not required to respond to an Respondents Burden showing a substantial interest in the information collection, unless the OMB hours subject matter of the investigations may approves it and displays a currently Three-year Total ...... 7,500 7,500 request a public hearing provided such valid OMB Control Number. In addition, Three-year Average ...... 2,500 2,500 request is filed in writing with the notwithstanding any other provisions of Administrator, Office of Trade law, no person shall generally be subject Authority: 44 U.S.C. 3506(c)(2)(A). Adjustment Assistance, at the address to penalty for failing to comply with a Dated: March 10, 2021. shown below, no later than April 5, collection of information that does not 2021. Jennifer Sheehy, display a valid OMB Control Number. Interested persons are invited to See 5 CFR 1320.5(a) and 1320.6. Deputy Assistant Secretary, Office of submit written comments regarding the Disability Employment Policy. The DOL seeks PRA authorization for subject matter of the investigations to this information collection for three (3) [FR Doc. 2021–06041 Filed 3–23–21; 8:45 am] the Administrator, Office of Trade years. OMB authorization for an BILLING CODE 4510–FK–P Adjustment Assistance, at the address Information Collection Review cannot shown below, not later than April 5, be for more than three (3) years without 2021. DEPARTMENT OF LABOR renewal. The DOL notes that currently The petitions filed in this case are approved information collection Employment and Training available for inspection at the Office of requirements submitted to the OMB Administration the Administrator, Office of Trade receive a month-to-month extension Adjustment Assistance, Employment while they undergo review. Investigations Regarding Eligibility To and Training Administration, U.S. Agency: DOL–ODEP. Apply for Worker Adjustment Department of Labor, Room N–5428, Title of Collection: Workforce Assistance 200 Constitution Avenue NW, Recruitment Program (WRP). Washington, DC 20210. OMB Control Number: 1230–0NEW. Petitions have been filed with the Secretary of Labor under Section 221(a) Signed at Washington, DC, this 7th day of Affected Public: Individuals and March 2021. households. of the Trade Act of 1974 (‘‘the Act’’) and Hope D. Kinglock, Total Estimated Annual Number of are identified in the Appendix to this Respondents: 2,500. notice. Upon receipt of these petitions, Certifying Officer, Office of Trade Adjustment Assistance. Total Estimated Annual Number of the Administrator of the Office of Trade Responses: 2,500. Adjustment Assistance, Employment Appendix 60 TAA PETITIONS INSTITUTED BETWEEN 2/1/21 AND 2/28/21 Subject firm Date of Date of TA–W (petitioners) Location institution petition 96694 ...... Liberty Iron and Metal, Inc. (Union Official) ...... Erie, PA ...... 01-Feb-2021 .. 29-Jan-2021. 96695 ...... Grass Valley USA LLC (State Official) ...... Grass Valley, CA ...... 01-Feb-2021 .. 29-Jan-2021. 96696 ...... Keihin Michigan Manufacturing, LLC (State Official) ...... Mussey, MI ...... 01-Feb-2021 .. 29-Jan-2021. 96697 ...... ABB (Company Official) ...... Kings Mountain, NC ...... 02-Feb-2021 .. 01-Feb-2021. 96698 ...... Gannett, Inc. (State Official) ...... Des Moines, IA ...... 02-Feb-2021 .. 01-Feb-2021. 96699 ...... Godiva Chocolatier (American Job Center) ...... Saint Louis, MO ...... 02-Feb-2021 .. 01-Feb-2021. 96700 ...... Victoria’s Secret Stores Brand Management, LLC (State Of- New York, NY ...... 02-Feb-2021 .. 01-Feb-2021. ficial). 96701 ...... Joy Global Underground Mining LLC (State Official) ...... Bluefield, VA ...... 02-Feb-2021 .. 01-Feb-2021. 96702 ...... TESCOM (State Official) ...... Elk River, MN ...... 03-Feb-2021 .. 02-Feb-2021. 96703 ...... HCL America (State Official) ...... Tigard, OR ...... 03-Feb-2021 .. 02-Feb-2021. 96704 ...... Houston Foam Plastics Inc. (State Official) ...... El Paso, TX ...... 03-Feb-2021 .. 02-Feb-2021. 96705 ...... NCR (State Official) ...... Rogers, AR ...... 04-Feb-2021 .. 03-Feb-2021. 96706 ...... Betsy & Adam Ltd. (Company Official) ...... New York, NY ...... 04-Feb-2021 .. 19-Jan-2021. 96707 ...... Parker Hannifin Hydraulic Systems Division (State Official) .. Kalamazoo, MI ...... 04-Feb-2021 .. 03-Feb-2021. 96708 ...... United States Steel Corporation (State Official) ...... Boyers, PA ...... 04-Feb-2021 .. 01-Feb-2021. 96709 ...... Concentrix CVG Customer Management Group Inc. (State Pueblo, CO ...... 08-Feb-2021 .. 05-Feb-2021. Official). 96710 ...... Boomerang Tube, Inc. (State Official) ...... Liberty, TX ...... 08-Feb-2021 .. 05-Feb-2021. 96711 ...... GMCH Kokomo Assembly (State Official) ...... Kokomo, IN ...... 08-Feb-2021 .. 05-Feb-2021. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15715 60 TAA PETITIONS INSTITUTED BETWEEN 2/1/21 AND 2/28/21—Continued Subject firm Date of Date of TA–W (petitioners) Location institution petition 96712 ...... Mitsubishi Heavy Industries Climate Control, Inc. (State Offi- Franklin, IN ...... 08-Feb-2021 .. 05-Feb-2021. cial). 96713 ...... Simple Finance Technology Corporation (State Official) ...... Portland, OR ...... 09-Feb-2021 .. 08-Feb-2021. 96714 ...... TE Connectivity (Company Official) ...... Campbell, CA ...... 09-Feb-2021 .. 08-Feb-2021. 96715 ...... TE Connectivity (Company Official) ...... San Jose, CA ...... 09-Feb-2021 .. 08-Feb-2021. 96716 ...... Nidec Motor Corporation (State Official) ...... Paragould, AR ...... 09-Feb-2021 .. 08-Feb-2021. 96717 ...... Comprehensive Decommissioning International (Company Plymouth, MA ...... 10-Feb-2021 .. 09-Feb-2021. Official). 96718 ...... Medtronic Plc (Company Official) ...... Haltom City, TX ...... 10-Feb-2021 .. 09-Feb-2021. 96719 ...... Eaton Corporation (Company Official) ...... Eastanollee, GA ...... 10-Feb-2021 .. 09-Feb-2021. 96720 ...... Capgemini America Inc. (State Official) ...... Rosemont, IL ...... 11-Feb-2021 .. 10-Feb-2021. 96721 ...... EVRAZ Oregon Steel (State Official) ...... Portland, OR ...... 15-Feb-2021 .. 10-Feb-2021. 96722 ...... Eaton Corporation (Company Official) ...... Watertown, WI ...... 12-Feb-2021 .. 11-Feb-2021. 96723 ...... West Penn Wire (Company Official) ...... Washington, PA ...... 12-Feb-2021 .. 11-Feb-2021. 96724 ...... Key Automotive of Florida, LLC d/b/a Joyson Safety Sys- Lakeland, FL ...... 12-Feb-2021 .. 11-Feb-2021. tems (America Job Center). 96725 ...... Siemens Energy, Inc. (State Official) ...... Houston, TX ...... 12-Feb-2021 .. 11-Feb-2021. 96726 ...... Zimmer, Inc. and Zimmer US, Inc. (State Official) ...... Warsaw, IN ...... 12-Feb-2021 .. 12-Feb-2021. 96727 ...... Glenmoor Company (Company Official) ...... Harrison, OH ...... 16-Feb-2021 .. 16-Feb-2021. 96728 ...... G-lll Leather Fashions INC (Company Official) ...... New York, NY ...... 16-Feb-2021 .. 30-Jan-2021. 96729 ...... ABB (Worker) ...... West Burlington, IA ...... 16-Feb-2021 .. 12-Feb-2021. 96730 ...... Philips (Company Official) ...... Mount Pleasant, PA ...... 16-Feb-2021 .. 15-Feb-2021. 96731 ...... Parker Hannifin (State Official) ...... Tell City, IN ...... 16-Feb-2021 .. 15-Feb-2021. 96732 ...... Breg, Inc. (Company Official) ...... Grand Prairie, TX ...... 16-Feb-2021 .. 13-Feb-2021. 96733 ...... 3M Technical Ceramics, Inc. (Formerly Ceradyne Inc.) Lexington, KY ...... 17-Feb-2021 .. 16-Feb-2021. (Worker). 96734 ...... Medtronic (State Official) ...... Boulder, CO ...... 18-Feb-2021 .. 17-Feb-2021. 96735 ...... Lear Jet Bombardier (State Official) ...... Wichita, KS ...... 18-Feb-2021 .. 17-Feb-2021. 96736 ...... Ricoh Electronics Inc. (State Official) ...... Tustin, CA ...... 18-Feb-2021 .. 17-Feb-2021. 96737 ...... Philips Healthcare (State Official) ...... Gainesville, FL ...... 18-Feb-2021 .. 17-Feb-2021. 96738 ...... Elementis Global LLC (Union Official) ...... South Charleston, WV ...... 18-Feb-2021 .. 10-Feb-2021. 96739 ...... Versum Materials LLC (Worker) ...... Allentown, PA ...... 19-Feb-2021 .. 18-Feb-2021. 96740 ...... Savant Systems, Inc. (Union Official) ...... Cleveland, OH ...... 22-Feb-2021 .. 19-Feb-2021. 96741 ...... Eaton Corporation (Company Official) ...... Pewaukee, WI ...... 22-Feb-2021 .. 19-Feb-2021. 96742 ...... Honeywell Aerospace (State Official) ...... South Bend, IN ...... 22-Feb-2021 .. 22-Feb-2021. 96743 ...... Standard Insurance Company (State Official) ...... Portland, OR ...... 23-Feb-2021 .. 22-Feb-2021. 96744 ...... Panasonic Avionics Corporation (State Official) ...... Bothell, WA ...... 23-Feb-2021 .. 16-Feb-2021. 96745 ...... EFCO Corporation (State Official) ...... Springfield, MS ...... 23-Feb-2021 .. 22-Feb-2021. 96746 ...... Ascension Technologies (State Official) ...... Troy, MI ...... 24-Feb-2021 .. 23-Feb-2021. 96747 ...... Pierce Pacific Manufacturing Inc. (State Official) ...... Portland, OR ...... 25-Feb-2021 .. 24-Feb-2021. 96748 ...... Kerry (State Official) ...... Fredericksburg, IA ...... 25-Feb-2021 .. 24-Feb-2021. 96749 ...... Selmet, Inc. a CPP Company (State Official) ...... Albany, OR ...... 25-Feb-2021 .. 24-Feb-2021. 96750 ...... Emerald Performance Materials (State Official) ...... Henry, IL ...... 25-Feb-2021 .. 24-Feb-2021. 96751 ...... Flexitech, Inc. (Company Official) ...... Bloomington, IL ...... 25-Feb-2021 .. 25-Feb-2021. 96752 ...... Microtechnologies (State Official) ...... Hicksville, NY ...... 26-Feb-2021 .. 25-Feb-2021. 96753 ...... Baylor Scott & White Health (State Official) ...... Dallas, TX ...... 26-Feb-2021 .. 25-Feb-2021. Reconsideration, summaries of Negative February 1, 2021 through February 28, [FR Doc. 2021–06035 Filed 3–23–21; 8:45 am] Determinations Regarding Applications 2021. Post-initial determinations are BILLING CODE P for Reconsideration, summaries of issued after a petition has been certified Revised Certifications of Eligibility, or denied. A post-initial determination summaries of Revised Determinations may revise a certification, or modify or DEPARTMENT OF LABOR (after Affirmative Determination affirm a negative determination. Regarding Application for Employment and Training Reconsideration), summaries of Revised Certifications of Eligibility Administration Negative Determinations (after The following revised certifications of Post-Initial Determinations Regarding Affirmative Determination Regarding Application for Reconsideration), eligibility to apply for TAA have been Eligiblity To Apply for Trade issued. The date following the company Adjustment Assistance summaries of Revised Determinations (on remand from the Court of name and location of each In accordance with Sections 223 and International Trade), and summaries of determination references the impact 284 (19 U.S.C. 2273 and 2395) of the Negative Determinations (on remand date for all workers of such Trade Act of 1974 (19 U.S.C. 2271, et from the Court of International Trade) determination, and the reason(s) for the seq.) (‘‘Act’’), as amended, the regarding eligibility to apply for trade determination. Department of Labor herein presents adjustment assistance under Chapter 2 The following revisions have been Notice of Affirmative Determinations of the Act (‘‘TAA’’) for workers by (TA– issued. Regarding Application for W) number issued during the period of VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15716 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices TA–W No. Subject firm Location Impact date Reason(s) 94,983H ...... Workers of Insight Global, Inc., Accion Labs Inc., Boise, ID ...... 6/27/2018 Worker Group Clarification. Adea Solutions, etc. 95,201 ...... United States Steel Corporation ...... Ecorse, MI ...... 9/20/2018 Worker Group Clarification. 95,342 ...... Siemens Government Technologies, Inc ...... Wellsville, NY ...... 3/3/2019 Worker Group Clarification. I hereby certify that the become totally or partially separated, or produced or services which are aforementioned determinations were are threatened to become totally or supplied by such firm; issued during the period of February 1, partially separated; AND 2021 through February 28, 2021. These AND (2(A) or 2(B) below) (ii) the shift described in clause (i)(I) determinations are available on the (2) The second criterion (set forth in or the acquisition of articles or services Department’s website https:// Section 222(a)(2) of the Act, 19 U.S.C. described in clause (i)(II) contributed www.doleta.gov/tradeact/petitioners/ 2272(a)(2)) may be satisfied by either (A) importantly to such workers’ separation taa_search_form.cfm under the the Increased Imports Path, or (B) the or threat of separation. Shift in Production or Services to a searchable listing determinations or by Section 222(b)—Adversely Affected Foreign Country Path/Acquisition of calling the Office of Trade Adjustment Secondary Workers Assistance toll free at 888–365–6822. Articles or Services from a Foreign Country Path, as follows: In order for an affirmative Signed at Washington, DC, this 7th day of determination to be made for adversely March 2021. (A) Increased Imports Path affected secondary workers of a firm and Hope D. Kinglock, (i) the sales or production, or both, of a certification issued regarding Certifying Officer, Office of Trade Adjustment such firm, have decreased absolutely; eligibility to apply for TAA, the group Assistance. AND (ii and iii below) eligibility requirements of Section [FR Doc. 2021–06036 Filed 3–23–21; 8:45 am] (ii) (I) imports of articles or services 222(b) of the Act (19 U.S.C. 2272(b)) BILLING CODE P like or directly competitive with articles must be met, as follows: produced or services supplied by such (1) A significant number or proportion firm have increased; OR of the workers in the workers’ firm or DEPARTMENT OF LABOR (II)(aa) imports of articles like or an appropriate subdivision of the firm directly competitive with articles into Employment and Training have become totally or partially which one or more component parts Administration separated, or are threatened to become produced by such firm are directly totally or partially separated; Notice of Determinations Regarding incorporated, have increased; OR AND Eligibility To Apply for Trade (II)(bb) imports of articles like or (2) the workers’ firm is a supplier or Adjustment Assistance directly competitive with articles which downstream producer to a firm that are produced directly using the services employed a group of workers who In accordance with the Section 223 supplied by such firm, have increased; received a certification of eligibility (19 U.S.C. 2273) of the Trade Act of OR under Section 222(a) of the Act (19 1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as (III) imports of articles directly U.S.C. 2272(a)), and such supply or amended, the Department of Labor incorporating one or more component production is related to the article or herein presents summaries of parts produced outside the United service that was the basis for such determinations regarding eligibility to States that are like or directly certification (as defined in subsection apply for trade adjustment assistance competitive with imports of articles 222(c)(3) and (4) of the Act (19 U.S.C. under Chapter 2 of the Act (‘‘TAA’’) for incorporating one or more component 2272(c)(3) and (4)); workers by (TA–W) number issued parts produced by such firm have AND during the period of February 1, 2021 increased; (3) either— through February 28, 2021. (This Notice AND (A) the workers’ firm is a supplier and primarily follows the language of the (iii) the increase in imports described the component parts it supplied to the Trade Act. In some places however, in clause (ii) contributed importantly to firm described in paragraph (2) changes such as the inclusion of such workers’ separation or threat of accounted for at least 20 percent of the subheadings, a reorganization of separation and to the decline in the production or sales of the workers’ firm; language, or ‘‘and,’’ ‘‘or,’’ or other words sales or production of such firm; OR OR are added for clarification.) (B) a loss of business by the workers’ (B) Shift in Production or Services to a firm with the firm described in Foreign Country Path OR Acquisition of Section 222(a)—Workers of a Primary paragraph (2) contributed importantly to Articles or Services From a Foreign Firm the workers’ separation or threat of Country Path In order for an affirmative separation determined under paragraph determination to be made for workers of (i) (I) there has been a shift by such (1). a primary firm and a certification issued workers’ firm to a foreign country in the regarding eligibility to apply for TAA, production of articles or the supply of Section 222(e)—Firms Identified by the the group eligibility requirements under services like or directly competitive International Trade Commission Section 222(a) of the Act (19 U.S.C. with articles which are produced or In order for an affirmative 2272(a)) must be met, as follows: services which are supplied by such determination to be made for adversely (1) The first criterion (set forth in firm; OR affected workers in firms identified by Section 222(a)(1) of the Act, 19 U.S.C. (II) such workers’ firm has acquired the International Trade Commission and 2272(a)(1)) is that a significant number from a foreign country articles or a certification issued regarding or proportion of the workers in such services that are like or directly eligibility to apply for TAA, the group workers’ firm (or ‘‘such firm’’) have competitive with articles which are eligibility requirements of Section VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15717 222(e) of the Act (19 U.S.C. 2272(e)) AND (A) the 1-year period described in must be met, by following criteria (1), (2) the petition is filed during the 1- paragraph (2); OR (2), and (3) as follows: year period beginning on the date on (B) notwithstanding section 223(b) of (1) The workers’ firm is publicly which— the Act (19 U.S.C. 2273(b)), the 1-year identified by name by the International (A) a summary of the report submitted Trade Commission as a member of a to the President by the International period preceding the 1-year period domestic industry in an investigation Trade Commission under section described in paragraph (2). resulting in— 202(f)(1) of the Trade Act (19 U.S.C. Affirmative Determinations for Trade (A) an affirmative determination of 2252(f)(1)) with respect to the Adjustment Assistance serious injury or threat thereof under affirmative determination described in section 202(b)(1) of the Act (19 U.S.C. paragraph (1)(A) is published in the The following certifications have been 2252(b)(1)); OR Federal Register under section 202(f)(3) issued. The date following the company (B) an affirmative determination of (19 U.S.C. 2252(f)(3)); OR name and location of each market disruption or threat thereof (B) notice of an affirmative determination references the impact under section 421(b)(1) of the Act (19 determination described in date for all workers of such U.S.C. 2436(b)(1)); OR subparagraph (B) or (C)of paragraph (1) determination. (C) an affirmative final determination is published in the Federal Register; of material injury or threat thereof under AND The following certifications have been section 705(b)(1)(A) or 735(b)(1)(A) of (3) the workers have become totally or issued. The requirements of Section the Tariff Act of 1930 (19 U.S.C. partially separated from the workers’ 222(a)(2)(A) (Increased Imports Path) of 1671d(b)(1)(A) and 1673d(b)(1)(A)); firm within— the Trade Act have been met. TA–W No. Subject firm Location Impact date 94,651 ...... Kerry Inc., Kentwood division, Kelly Services ...... Kentwood, MI ...... March 21, 2018. 94,953 ...... Precision Wood Manufacturing ...... Bay City, OR ...... June 27, 2018. 95,431 ...... Reyco Granning LLC, Onin Staffing, Scott Regional Technology Center Mt. Vernon, MO ...... November 26, 2018. 95,489 ...... Logansport Machine Company, Inc ...... Logansport, IN ...... December 17, 2018. 95,573 ...... USM Acquisition, LLC, Clio Intermediate, LLC ...... Remus, MI ...... January 16, 2019. 95,775 ...... Ridewell Corporation, Focus Workforce Management, Penmac Staffing .. Springfield, MO ...... March 4, 2019. 95,833 ...... Formtek Maine, Mestek, Inc ...... Clinton, ME ...... March 20, 2019. 95,886 ...... Collins Hardwood Company, LLC, Richwood Sawmill, Collins Pine Com- Richwood, WV ...... April 10, 2019. pany. 95,915 ...... Borbet Alabama Inc ...... Auburn, AL ...... May 6, 2019. 95,924 ...... United States Steel Corporation, Granite City Works division ...... Granite City, IL ...... May 14, 2019. 95,965 ...... U.S. Steel Seamless Tubular Operations, LLC, United States Steel Cor- Lorain, OH ...... June 22, 2019. poration. 96,008 ...... NCI Group, Inc., Metal Coaters Division, Cornerstone Buildings Brands, Ambridge, PA ...... April 22, 2019. Inc. 96,137 ...... Jones & Vining, Inc ...... Walnut Ridge, AR ...... August 12, 2019. 96,182 ...... GE Transportation, A WABTEC Company ...... Erie, PA ...... September 29, 2020. 96,192 ...... Multi-Color Corporation (MCC), Manpower, Kelly Services, Wisconsin Franklin, PA ...... September 14, 2019. Label Corporation, WS Packaging. 96,504 ...... Howell Metal Company, Copper Tube Division ...... New Market, VA ...... September 30, 2019. 96,522 ...... Renaissance Manufacturing Group- Waukesha, LLC ...... Waukesha, WI ...... October 2, 2019. 96,650 ...... Pacific Cast Technologies, a CPP Company, Consolidated Precision Albany, OR ...... December 22, 2019. Products. 96,657 ...... Hampden Papers, Inc ...... Holyoke, MA ...... December 29, 2019. 96,660 ...... Precision Aluminum Inc ...... Wadsworth, OH ...... December 31, 2019. 96,680 ...... JW Aluminum Company ...... Williamsport, PA ...... January 25, 2020. The following certifications have been Services to a Foreign Country Path or a Foreign Country Path) of the Trade Act issued. The requirements of Section Acquisition of Articles or Services from have been met. 222(a)(2)(B) (Shift in Production or TA–W No. Subject firm Location Impact date 94,899 ...... Les Lunes ...... Healdsburg, CA ...... June 11, 2018. 94,952 ...... PepsiCo, Frito Lay North America, Corporate Headquarters, Open Sys- Plano, TX ...... June 27, 2018. tems, etc. 94,952A ...... PepsiCo, Corporate Headquarters, Open Systems, Pioneer Data Sys- Plano, TX ...... June 27, 2018. tems, Preemp, etc. 94,952B ...... PepsiCo, Corporate Headquarters, Information Technology, etc ...... Purchase, NY ...... June 27, 2018. 95,152 ...... DeVry University, Inc., DeVry Central Group, Cogswell Education, Naperville, IL ...... September 3, 2018. Cloud9, Advanced Resources, etc. 95,392 ...... Aon Coporation, Aon, 24 Seven, Accenture, Allied Universal, Ambient Lincolnshire, IL ...... November 19, 2018. Consulting, etc. 95,486 ...... Hubbell Lighting, Inc., Employers Services of America, Inc ...... El Dorado, AR ...... December 16, 2018. 95,490 ...... Lonza Walkersville Inc., Aerotek, Piper Companies ...... Walkersville, MD ...... December 17, 2018. 95,588 ...... CalAmp Wireless Networks Corporation, Select Temporaries ...... Oxnard, CA ...... January 22, 2019. 95,597 ...... LSC Communications US, LLC, Accion Performance, Accountemps, Ac- Mattoon, IL ...... January 23, 2019. counting Principals, etc. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15718 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices TA–W No. Subject firm Location Impact date 95,614 ...... LSC Communications Printing Company, Lifestyles Staffing ...... Strasburg, VA ...... January 24, 2019. 95,717 ...... HCL America, Inc., Engineering, R&D Services, Digital Process Oper- Providence, RI ...... February 20, 2019. ations. 95,717A ...... HCL America, Inc., Engineering, R&D Services, Digital Process Oper- Sunnyvale, CA ...... February 20, 2019. ations. 95,717B ...... HCL America, Inc., Engineering, R&D Services, Digital Process Oper- Appleton, WI ...... February 20, 2019. ations. 95,767 ...... Lufkin Industries LLC, Oilfield-Buck Creek division, Baker Hughes, Quinn Lufkin, TX ...... April 13, 2020. Pumps. 95,778 ...... RTR Industries, LLC ...... Anaheim, CA ...... March 5, 2019. 95,793 ...... RealWear, Inc ...... Vancouver, WA ...... March 3, 2019. 95,832 ...... F5 Networks, Inc., Systems Engineering Team ...... Liberty Lake, WA ...... March 17, 2019. 95,859 ...... Olympus Corporation of the Americas, IT Infrastructure Organization, Center Valley, PA ...... March 31, 2019. Agile1. 95,859A ...... Olympus Surgical Technologies America, IT Infrastructure Organization, Bartlett, TN ...... March 31, 2019. Agile1. 95,859B ...... National Service Center East, IT Infrastructure Organization, Agile1 ...... Bartlett, TN ...... March 31, 2019. 95,859C ...... Olympus Surgical Technologies America, IT Infrastructure Organization, Brooklyn Park, MN ...... March 31, 2019. Agile1. 95,859D ...... Olympus Surgical Technologies America, IT Infrastructure Organization, Kennewick, WA ...... March 31, 2019. Agile1. 95,859E ...... Olympus Surgical Technologies America & Olympus Latin America, IT Miami, FL ...... March 31, 2019. Infrastructure Organization, Agile1. 95,859F ...... Olympus Surgical Technologies America, IT Infrastructure Organization, San Jose, CA ...... March 31, 2019. Agile1. 95,859G ...... Olympus Surgical Technologies America, IT Infrastructure Organization, Norwalk, OH ...... March 31, 2019. Agile1. 95,859H ...... Olympus Respiratory America, IT Infrastructure Organization, Agile1 ...... Redmond, WA ...... March 31, 2019. 95,859I ...... Olympus Surgical Technologies America & Olympus America Inc., IT In- Southborough, MA ...... March 31, 2019. frastructure Organization, Agile1. 95,859J ...... Olympus Scientific Solutions Americas & Olympus America Inc., Sci- Waltham, MA ...... March 31, 2019. entific Solutions Group, IT Infrastructure Organization, Agile1. 95,908 ...... Zurn Industries, LLC, Rexnord-Zurn Holdings, Inc., Rexnord LLC, 1801 Erie, PA ...... May 4, 2020. Pittsburgh Avenue. 95,908A ...... Zurn Industries, LLC, Rexnord-Zurn Holdings, Inc., Rexnord LLC, 1302 Erie, PA ...... May 4, 2020. Raspberry Street. 95,919 ...... The Doe Run Resources Corporation, Doe Run Company, Herculaneum Herculaneum, MO ...... May 13, 2019. Smelting, JV Contracting, BRI, EOI, SMCI, etc. 95,961 ...... Allscripts Healthcare, LLC, Enterprise Information Systems/Paragon Broomfield, CO ...... May 4, 2019. EHR, Allscripts, Tapfin, etc. 95,963 ...... Donaldson Company Inc., Humera-Human Resources Recruiter, Diversi- Frankfort, IN ...... June 4, 2019. fied Service Network. 95,997 ...... Panther Creek Mining, LLC, Blackhawk Mining, LLC ...... Dawes, WV ...... June 17, 2019. 96,039 ...... ITT, Inc., Connect & Control Technologies, BIW-Connector Systems Di- Santa Rosa, CA ...... July 6, 2019. vision, Machinists. 96,090 ...... NortonLifeLock, Inc., Symantec Corporation, PRO Unlimited, Inc ...... Springfield, OR ...... July 23, 2019. 96,093 ...... Autoneum North America, Inc., Aerotek Staffing and Recruiting ...... Jeffersonville, IN ...... July 27, 2019. 96,121 ...... Hewlett Packard Enterprise, AZURE Stack Engineering Team ...... Fort Collins, CO ...... August 4, 2019. 96,121A ...... Hewlett Packard Enterprise, AZURE Stack Engineering Team ...... Redmond, WA ...... August 4, 2019. 96,127 ...... Levi Strauss & Co., Financial Shared Services Center, Randstadt Eugene, OR ...... August 6, 2019. Sourceright, Staffmark, etc. 96,161 ...... TE Connectivity, Kelly Services, Aerotek ...... Middletown, PA ...... October 6, 2020. 96,306 ...... Itron Inc., Corporate Office ...... Liberty Lake, WA ...... September 18, 2019. 96,525 ...... Domtar Paper Company, LLC, Kingsport Mill ...... Kingsport, TN ...... October 2, 2019. 96,547 ...... A.M. Castle & Co., Wichita Branch ...... Wichita, KS ...... October 9, 2019. 96,557 ...... Climax Molybdenum Company ...... Leadville, CO ...... October 14, 2019. 96,566 ...... Asco Power Technologies ...... Independence, OH ...... October 20, 2019. 96,568 ...... Cascades Tissue Group Pennsylvania Inc ...... Pittston, PA ...... October 20, 2019. 96,568A ...... Cascades Tissue Group Pennsylvania Inc ...... Ransom, PA ...... October 20, 2019. 96,627 ...... Follett Corporation ...... Westchester, IL ...... November 20, 2019. 96,643 ...... DUS Operating Inc. dba Dura Automotive Systems ...... Moberly, MO ...... December 11, 2019. 96,644 ...... Rockwell Collins, Inc., Operations/Avionics ...... Decorah, IA ...... December 14, 2019. 96,649 ...... Spectrum Brands Pet Group, Inc., Global Pet Care Division ...... Blacksburg, VA ...... December 17, 2019. 96,658 ...... Hub City, Inc ...... Aberdeen, SD ...... December 28, 2019. 96,659 ...... Halliburton Energy Services, Inc., Human Resources Employee Services Duncan, OK ...... December 30, 2019. Center. 96,666 ...... TPL Transition Services (F.K.A. Globe Fire Sprinkler Corp.) ...... Standish, MI ...... January 8, 2020. 96,670 ...... Industrial C&S of P.R. LLC, Vieques Manufacturing Plant ...... Vieques, ...... January 12, 2020. 96,672 ...... Ormco Corporation, Spark ...... Pomona, CA ...... January 14, 2020. 96,674 ...... Star Forge LLC (dba Jorgensen Forge) ...... Tukwila, WA ...... January 5, 2021. 96,678 ...... Medtronic/Minimed Distributing ...... San Antonio, TX ...... January 15, 2020. 96,679 ...... Rexnord Industries, LLC ...... Grafton, WI ...... January 25, 2020. 96,682 ...... AES Corporation ...... Peabody, MA ...... January 25, 2020. 96,684 ...... Dayco Products, LLC ...... Williston, SC ...... January 26, 2020. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15719 TA–W No. Subject firm Location Impact date 96,685 ...... Cartus Corporation, U.S Moving Services, File Set Up and International Danbury, CT ...... January 27, 2020. Compensation. 96,687 ...... Transform SR LLC, Home Services ...... Round Rock, TX ...... January 27, 2020. 96,689 ...... Transform SR LLC, Home Services ...... San Antonio, TX ...... January 27, 2020. 96,693 ...... Mylan Pharmaceuticals Inc ...... Morgantown, WV ...... June 21, 2020. 96,698 ...... Gannett, Inc., designIQ—Ad Operations ...... Des Moines, IA ...... February 1, 2020. 96,700 ...... Victoria’s Secret Stores Brand Management, LLC, Prototype Room ...... New York, NY ...... February 1, 2020. 96,701 ...... Joy Global Underground Mining LLC, a wholly owned subsidiary of Bluefield, VA ...... February 1, 2020. Komatsu Mining Corp. 96,702 ...... TESCOM, a wholly owned subsidiary of Emerson Electric Co ...... Elk River, MN ...... February 2, 2020. 96,703 ...... HCL America ...... Tigard, OR ...... February 2, 2020. 96,704 ...... Houston Foam Plastics Inc ...... El Paso, TX ...... February 2, 2020. 96,705 ...... NCR, Bentonville ...... Rogers, AR ...... February 3, 2020. 96,709 ...... Concentrix CVG Customer Management Group Inc ...... Pueblo, CO ...... February 5, 2020. 96,712 ...... Mitsubishi Heavy Industries Climate Control, Inc ...... Franklin, IN ...... August 17, 2021. 96,714 ...... TE Connectivity ...... Campbell, CA ...... February 8, 2020. 96,715 ...... TE Connectivity ...... San Jose, CA ...... February 8, 2020. 96,718 ...... Medtronic Plc, Operations ...... Haltom City, TX ...... February 9, 2020. 96,719 ...... Eaton Corporation, Fluid and Electrical Distribution Division ...... Eastanollee, GA ...... February 9, 2020. 96,724 ...... Key Automotive of Florida, LLC d/b/a Joyson Safety Systems ...... Lakeland, FL ...... February 11, 2020. 96,725 ...... Siemens Energy, Inc ...... Houston, TX ...... February 11, 2020. 96,727 ...... Glenmoor Company, a division of ILSCO LLC ILSCO LLC ...... Harrison, OH ...... February 16, 2020. The following certifications have been are certified eligible to apply for TAA) issued. The requirements of Section of the Trade Act have been met. 222(b) (supplier to a firm whose workers TA–W No. Subject firm Location Impact date 94,870 ...... Timken Belts SMO LLC, Timken, Penmac ...... Springfield, MO ...... June 3, 2018. 95,174 ...... Jacobson Warehouse Company, Inc., XPO Logistics Inc ...... Montgomery, IL ...... September 10, 2018. 95,248 ...... L&P Materials Manufacturing, Inc ...... Jacksonville, FL ...... October 2, 2018. 95,401 ...... GKN Sinter Metals, Spherion, Manpower ...... Emporium, PA ...... November 20, 2018. 95,931 ...... Royal Engineered Composites, Inc ...... Minden, NE ...... May 21, 2019. 96,138 ...... Mosey Manufacturing Co. Inc., Plant 2 ...... Richmond, IN ...... August 12, 2019. 96,301 ...... Advanced Welding Technologies ...... Erie, PA ...... September 22, 2019. 96,303 ...... WABTEC (GE Transportation Grove City), Locomotive, Westinghouse Grove City, PA ...... June 16, 2020. Airbrake, WABTEC US Rail, 1503 W. Main. 96,303A ...... WABTEC (GE Transportation Grove City), Locomotive, Westinghouse Grove City, PA ...... June 16, 2020. Airbrake, WABTEC US Rail, 660 Barkeyville Road. The following certifications have been International Trade Commission) of the issued. The requirements of Section Trade Act have been met. 222(e) (firms identified by the TA–W No. Subject firm Location Impact date 96,524 ...... American Woodmark, Allegany Manufacturing Plant ...... Cumberland, MD ...... April 17, 2019. 96,540 ...... Vestas Towers America Inc., a subsidiary of Vestas Wind Systems A/S Pueblo, CO ...... August 25, 2019. 96,668 ...... Bonney Forge Texas, L.P/WFI International ...... Houston, TX ...... December 2, 2019. Negative Determinations for Worker The investigation revealed that the certified eligible to apply for TAA or Adjustment Assistance criteria under paragraphs (a)(2)(A) downstream producer to a firm whose (increased imports), (a)(2)(B) (shift in workers are certified eligible to apply In the following cases, the production or services to a foreign for TAA), and (e) (International Trade investigation revealed that the eligibility country or acquisition of articles or Commission) of section 222 have not criteria for TAA have not been met for services from a foreign country), (b)(2) been met. the reasons specified. (supplier to a firm whose workers are TA–W No. Subject firm Location Impact date 94,952C ...... PepsiCo, Frito Lay North America, Technology Process Center, Open Dallas, TX. Systems, etc. 95,036 ...... Can Clay Corp., Action Contractual & Staffing ...... Cannelton, IN. 95,142 ...... TL Clothing, Inc ...... Los Angeles, CA. 95,218 ...... Whitesell Packing, Onin Staffing, Snelling Staffing ...... Muscle Shoals, AL. 95,388 ...... Goodwin Brothers Printing Company ...... St. Louis, MO. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15720 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices TA–W No. Subject firm Location Impact date 95,406 ...... Hikvision USA Inc., Hangzhou Hikvision Digital Technology Co., Ltd ...... City of Industry, CA. 95,443 ...... Western Panel Manufacturing Inc ...... Eugene, OR. 95,467 ...... Wisconsin Central Ltd., Canadian National Railway Company ...... Proctor, MN. 95,467A ...... Wisconsin Central Ltd., Canadian National Railway Company ...... Homewood, IL. 95,571 ...... Pierce Pacific, Pierce Denharco, Long Reach Division ...... Portland, OR. 95,698 ...... Wittrock Enterprises LLC ...... Greensburg, IN. 95,754 ...... United States Steel Corporation, Great Lakes Works (Dearborn EGL) Di- Dearborn, MI. vision. 95,758 ...... Southern Graphic Systems, LLC ...... Pittsburgh, PA. 95,797 ...... Concentrix CVG Customer Management Group, Inc., Concentrix CVG Laredo, TX. Corporation. 95,830 ...... Wayzata Home Products ...... Edina, MN. 95,831 ...... Basic Energy Services ...... San Angelo, TX. 95,873 ...... Palmer of Texas Tanks, Inc., Synalloy Corporation, J&M Manufacturing Andrews, TX. 95,899 ...... Art Van Furniture, LLC ...... Working in Multiple Cities Throughout Michigan, MI. 95,899A ...... Art Van Furniture, LLC ...... Working in Multiple Cities Throughout Missouri, MO. 95,899B ...... Art Van Furniture, LLC ...... O’Fallon, IL. 95,899C ...... Pure Sleep Franchising, LLC, Art Van Furniture, LLC ...... Working in Multiple Cities Throughout Michigan, MI. 95,899D ...... Pure Sleep Franchising, LLC, Art Van Furniture, LLC ...... Working in Multiple Cities Throughout Illinois, IL. 95,899E ...... Pure Sleep Franchising, LLC, Art Van Furniture, LLC ...... Working in Multiple Cities Throughout Ohio, OH. 95,899F ...... Scott Shuptrine Interiors, Art Van Furniture, LLC ...... Working in Multiple Cities Throughout Michigan, MI. 95,899G ...... Wolf Furniture, Art Van Furniture, LLC ...... Working in Multiple Cities Throughout Maryland, MD. 95,899H ...... Wolf Furniture, Art Van Furniture, LLC ...... Leesburg, VA. 95,899I ...... Levin Furniture, Art Van Furniture, LLC ...... Working in Multiple Cities Throughout Ohio, OH. 95,916 ...... Integrated Global Services, Inc., Tradesman International ...... Richmond, VA. 95,982 ...... Gannett Publishing Services, LLC, Gannett Satellite Information Net- Indianapolis, IN. work, Forge Industrial Staffing, etc. 96,014 ...... The Bank of New York Mellon, Technology Strategy and Business Man- New York, NY. agement, Pride Technologies, etc. 96,014A ...... The Bank of New York Mellon, Technology Strategy and Business Man- Oriskany, NY. agement, Pride Technologies, etc. 96,017 ...... FXI, Inc., FXI Holdings, Inc., Adecco, Peoplelink ...... Corry, PA. 96,049 ...... AK Coal Resources, Inc., AK Steel division, AK Steel Corporation ...... Friedens, PA. 96,074 ...... Saulsbury Industries Inc ...... Henderson, TX. 96,097 ...... Pacific Paper Products, Elite Staffing, Express Employment Profes- Memphis, TN. sionals. 96,102 ...... Sonic ...... Memphis, TN. 96,103 ...... State Street Bank & Trust Co., Compliance AML division, State Street Boston, MA. Corporation. 96,109 ...... KRA International, Business Unit 128, Patrick Industries ...... Mishawaka, IN. 96,181 ...... Applied Engineering, Inc ...... Yankton, SD. Determinations Terminating on the Department’s website, as The following determinations Investigations of Petitions for Trade required by Section 221 of the Act (19 terminating investigations were issued Adjustment Assistance U.S.C. 2271), the Department initiated because the petitioner has requested After notice of the petitions was investigations of these petitions. that the petition be withdrawn. published in the Federal Register and TA–W No. Subject firm Location Impact date 96,541 ...... Tobul Accumulators ...... Bamberg, SC. 96,697 ...... ABB ...... Kings Mountain, NC. The following determinations in cases where the petition regarding the terminating investigations were issued investigation has been deemed invalid. TA–W No. Subject firm Location Impact date 95,782 ...... Ultra Clean Technology ...... Hayward, CA. 96,125 ...... Indiana’s Goodwill Ambassador, Inc ...... Muncie, IN. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15721 TA–W No. Subject firm Location Impact date 96,691 ...... Bed Bath and Beyond ...... Ocoee, FL. The following determinations behalf the petition was filed is covered terminating investigations were issued under an existing certification. because the worker group on whose TA–W No. Subject firm Location Impact date 95,718 ...... HCL America, Inc., Engineering, R&D Services, Digital Process Oper- Sunnyvale, CA. ations. 95,765 ...... HCL America, Inc., Engineering, R&D Services, Digital Process Oper- Appleton, WI. ations. 95,825 ...... Steelcase Inc ...... Grand Rapids, MI. 95,867 ...... Siemens Government Technologies, Inc., Dresser Rand, Walker Serv- Wellsville, NY. ices, IT Tech Connexion Systems, G4S-Buffalo, etc. 96,031 ...... Beyondsoft International, HP Inc., Imaging, Printing and Solutions Busi- Boise, ID. ness Group. 96,686 ...... Ormco Corporation, Spark ...... Pomona, CA. I hereby certify that the ADDRESSES: A copy of this ICR with Insurance (UI) program on a state-by- aforementioned determinations were applicable supporting documentation, state basis and to measure the variations issued during the period of February 1, including a description of the likely in assigned contribution rates that result 2021 through February 28, 2021. These respondents, proposed frequency of from different experience rating determinations are available on the response, and estimated total burden, systems. Used in conjunction with other Department’s website https:// may be obtained free by contacting data, the ETA 204 report assists in www.doleta.gov/tradeact/petitioners/ Edward M. Dullaghan by telephone at determining the effects of certain factors taa_search_form.cfm under the (202) 693–2927 (this is not a toll-free (e.g., stabilization, expansion, or searchable listing determinations or by number), TTY 1–877–889–5627 (this is contraction in employment, etc.) on the calling the Office of Trade Adjustment not a toll-free number), or by email at unemployment experience of various Assistance toll free at 888–365–6822. [email protected]. groups of employers. The data also Submit written comments about, or provide an early signal for potential Signed at Washington, DC, this 7th day of requests for a copy of, this ICR by mail March 2021. solvency problems and are useful in or courier to the U.S. Department of Hope D. Kinglock, analyzing factors that give rise to these Labor, Employment and Training potential problems and permit an Certifying Officer, Office of Trade Adjustment Administration, Office of evaluation of the effectiveness of the Assistance. Unemployment Insurance, 200 various approaches available to correct [FR Doc. 2021–06034 Filed 3–23–21; 8:45 am] Constitution Avenue NW, Francis the detected problems. The report BILLING CODE 4510–FN–P Perkins Building, Room S–4524, collects annual information about the Washington, DC 20210; by email: taxation efforts in states relative to both [email protected]; or by fax taxable and total wages and allows DEPARTMENT OF LABOR (202) 696–3975. comparison between states. Further, the FOR FURTHER INFORMATION CONTACT: Employment and Training data are key components to the Kevin Stapleton by telephone at (202) Administration Significant Tax Measures Report. The 693–3009 (this is not a toll-free number) Significant Tax Measures Report Agency Information Collection or by email at [email protected]. provides the information necessary to Activities; Comment Request SUPPLEMENTARY INFORMATION: DOL, as evaluate and compare state UI tax part of continuing efforts to reduce systems. 44 U.S.C. 3506(c)(2)(A) paperwork and respondent burden, ACTION: Notice. authorizes this information collection. conducts a pre-clearance consultation This information collection is subject program to provide the general public to the PRA. A Federal agency generally SUMMARY: The Department of Labor’s and Federal agencies an opportunity to cannot conduct or sponsor a collection (DOL) Employment and Training comment on proposed and/or of information, and the public is Administration (ETA) is soliciting continuing collections of information generally not required to respond to an comments concerning a proposed before submitting them to the Office of information collection, unless it is extension for the authority to conduct Management and Budget (OMB) for final approved by OMB under the PRA and the information collection request (ICR) approval. This program helps to ensure displays a currently valid OMB Control titled, ‘‘Experience Rating Report.’’ This requested data can be provided in the Number. In addition, notwithstanding comment request is part of continuing desired format, reporting burden (time any other provisions of law, no person Departmental efforts to reduce and financial resources) is minimized, shall generally be subject to penalty for paperwork and respondent burden in collection instruments are clearly failing to comply with a collection of accordance with the Paperwork understood, and the impact of collection information that does not display a Reduction Act of 1995 (PRA). requirements can be properly assessed. valid Control Number. See 5 CFR DATES: Consideration will be given to all The data submitted annually on the 1320.5(a) and 1320.6. written comments received by May 24, ETA 204 report enables ETA to project Interested parties are encouraged to 2021. revenues for the Unemployment provide comments to the contact shown VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15722 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices in the ADDRESSES section. Comments DEPARTMENT OF LABOR (Joint QNR) for several grant programs. must be written to receive For additional substantive information consideration, and they will be Office of the Secretary about this ICR, see the related notice summarized and included in the request published in the Federal Register on for OMB approval of the final ICR. In Agency Information Collection October 7, 2020 (85 FR 63297). order to help ensure appropriate Activities; Submission for OMB This information collection is subject consideration, comments should Review; Comment Request; Workforce to the PRA. A Federal agency generally mention OMB control number 1205– Innovation and Opportunity Act Joint cannot conduct or sponsor a collection 0164. Quarterly Narrative Performance of information, and the public is Submitted comments will also be a Report generally not required to respond to an matter of public record for this ICR and ACTION: Notice of availability; request information collection, unless the OMB posted on the internet, without for comments. approves it and displays a currently redaction. DOL encourages commenters valid OMB Control Number. In addition, not to include personally identifiable SUMMARY: The Department of Labor notwithstanding any other provisions of information, confidential business data, (DOL) is submitting this ETA-sponsored law, no person shall generally be subject or other sensitive statements/ information collection request (ICR) to to penalty for failing to comply with a information in any comments. the Office of Management and Budget collection of information that does not DOL is particularly interested in (OMB) for review and approval in display a valid OMB Control Number. comments that: accordance with the Paperwork See 5 CFR 1320.5(a) and 1320.6. • Evaluate whether the proposed Reduction Act of 1995 (PRA). Public DOL seeks PRA authorization for this collection of information is necessary comments on the ICR are invited. information collection for three (3) for the proper performance of the DATES: The OMB will consider all years. OMB authorization for an ICR functions of the agency, including written comments that agency receives cannot be for more than three (3) years whether the information will have on or before April 23, 2021. without renewal. The DOL notes that practical utility; ADDRESSES: Written comments and information collection requirements • Evaluate the accuracy of the recommendations for the proposed submitted to the OMB for existing ICRs agency’s estimate of the burden of the information collection should be sent receive a month-to-month extension proposed collection of information, within 30 days of publication of this while they undergo review. including the validity of the notice to www.reginfo.gov/public/do/ Agency: DOL–ETA. methodology and assumptions used; PRAMain. Find this particular Title of Collection: Workforce • Enhance the quality, utility, and information collection by selecting Innovation and Opportunity Act Joint clarity of the information to be ‘‘Currently under 30-day Review—Open Quarterly Narrative Performance Report. collected; and for Public Comments’’ or by using the OMB Control Number: 1205–0448. • Minimize the burden of the search function. Affected Public: State, Local, and collection of information on those who Comments are invited on: (1) Whether Tribal Governments; Private Sector— are to respond, including through the the collection of information is Not-for-profit institutions. use of appropriate automated, necessary for the proper performance of Total Estimated Number of electronic, mechanical, or other the functions of the Department, Respondents: 1,030. technological collection techniques or including whether the information will Total Estimated Number of other forms of information technology, have practical utility; (2) if the Responses: 4,120. (e.g., permitting electronic submission information will be processed and used Total Estimated Annual Time Burden: of responses). in a timely manner; (3) the accuracy of 50,594 hours. Agency: DOL–ETA. the agency’s estimates of the burden and Total Estimated Annual Other Costs Type of Review: Extension without cost of the collection of information, Burden: $0. change. including the validity of the Authority: 44 U.S.C. 3507(a)(1)(D). Title of Collection: Experience Rating methodology and assumptions used; (4) Dated: March 12, 2021. Report. ways to enhance the quality, utility and Mara Blumenthal, Form: ETA–204. clarity of the information collection; and Senior PRA Analyst. OMB Control Number: 1205–0164. (5) ways to minimize the burden of the Affected Public: State Workforce [FR Doc. 2021–06040 Filed 3–23–21; 8:45 am] collection of information on those who BILLING CODE 4510–FN–P Agencies. are to respond, including the use of Estimated Number of Respondents: automated collection techniques or 53. other forms of information technology. DEPARTMENT OF LABOR Frequency: Annual. FOR FURTHER INFORMATION CONTACT: Total Estimated Annual Responses: Mara Blumenthal by telephone at 202– Office of the Secretary 53. 693–8538, or by email at DOL_PRA_ Estimated Average Time per [email protected]. Agency Information Collection Response: 30 minutes. Activities; Submission for OMB SUPPLEMENTARY INFORMATION: The Estimated Total Annual Burden Review; Comment Request; Material Workforce Innovation and Opportunity Hours: 27 hours. Hoists, Personnel Hoists and Elevators Total Estimated Annual Other Cost Act (WIOA) (29 U.S.C. 3101) authorizes Burden: $0. this information collection. This ICR ACTION: Notice of availability; request Authority: 44 U.S.C. 3506(c)(2)(A). allows ETA’s Senior Community for comments. Service Employment Program (SCSEP) Suzan G. LeVine, to perform data validation on data SUMMARY: The Department of Labor Principal Deputy Assistant Secretary for collected and reported to ETA on (DOL) is submitting this Occupational Employment and Training, Labor. program activities and outcomes; and Safety and Health Administration [FR Doc. 2021–06039 Filed 3–23–21; 8:45 am] provides a streamlined WIOA Joint (OSHA)-sponsored information BILLING CODE 4510–FW–P Quarterly Narrative Performance Report collection request (ICR) to the Office of VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15723 Management and Budget (OMB) for years. OMB authorization for an ICR Room N–3655, Washington, DC 20210; review and approval in accordance with cannot be for more than three (3) years telephone: (202) 693–2110; email: the Paperwork Reduction Act of 1995 without renewal. The DOL notes that [email protected]. OSHA’s web (PRA). Public comments on the ICR are information collection requirements page includes information about the invited. submitted to the OMB for existing ICRs NRTL Program (see http:// DATES: The OMB will consider all receive a month-to-month extension www.osha.gov/dts/otpca/nrtl/ written comments that agency receives while they undergo review. index.html). on or before April 23, 2021. Agency: DOL–OSHA. SUPPLEMENTARY INFORMATION: ADDRESSES: Written comments and Title of Collection: Material Hoists, recommendations for the proposed Personnel Hoists and Elevators. I. Notice of Final Decision information collection should be sent OMB Control Number: 1218–0231. OSHA hereby gives notice of the within 30 days of publication of this Affected Public: Private Sector, expansion of the scope of recognition of notice to www.reginfo.gov/public/do/ Businesses or other for-profits. TUV Rheinland of North America, Inc. PRAMain. Find this particular Total Estimated Number of (TUVRNA), as a NRTL. TUVRNA’s information collection by selecting Respondents: 10,047. expansion covers the addition of ‘‘Currently under 30-day Review—Open Total Estimated Number of fourteen test standards to the NRTL for Public Comments’’ or by using the Responses: 37,451. scope of recognition. Total Estimated Annual Time Burden: search function. OSHA recognition of a NRTL signifies 10,047 hours. Comments are invited on: (1) Whether that the organization meets the Total Estimated Annual Other Costs the collection of information is requirements specified by 29 CFR Burden: $0. necessary for the proper performance of 1910.7. Recognition is an Authority: 44 U.S.C. 3507(a)(1)(D). the functions of the Department, acknowledgment that the organization including whether the information will Crystal Rennie, can perform independent safety testing have practical utility; (2) if the Senior PRA Analyst. and certification of the specific products information will be processed and used [FR Doc. 2021–06043 Filed 3–23–21; 8:45 am] covered within its scope of recognition in a timely manner; (3) the accuracy of BILLING CODE 4510–26–P and is not a delegation or grant of the agency’s estimates of the burden and government authority. As a result of cost of the collection of information, recognition, employers may use including the validity of the DEPARTMENT OF LABOR products properly approved by the methodology and assumptions used; (4) NRTL to meet OSHA standards that ways to enhance the quality, utility and Occupational Safety and Health require testing and certification of the clarity of the information collection; and Administration products. (5) ways to minimize the burden of the [Docket No. OSHA–2007–0042] The agency processes applications by collection of information on those who a NRTL for initial recognition, or for are to respond, including the use of TUV Rheinland of North America, Inc.: expansion or renewal of this automated collection techniques or Grant of Expansion of Recognition recognition, following requirements in other forms of information technology. Appendix A to 29 CFR 1910.7. This FOR FURTHER INFORMATION CONTACT: AGENCY: Occupational Safety and Health appendix requires that the agency Crystal Rennie by telephone at 202– Administration (OSHA), Labor. publish two notices in the Federal 693–0456, or by email at DOL_PRA_ ACTION: Notice. Register in processing an application. In [email protected]. the first notice, OSHA announces the SUMMARY: In this notice, OSHA SUPPLEMENTARY INFORMATION: The application and provides its preliminary announces the final decision to expand information collection requirements finding and, in the second notice, the the scope of recognition for TUV contained in the Standard on Material agency provides its final decision on the Rheinland of North America, Inc., as a Hoists, Personnel Hoists, and Elevators application. These notices set forth the Nationally Recognized Testing (29 CFR 1926.552) are designed to NRTL’s scope of recognition or Laboratory (NRTL). protect workers who operate and work modifications of that scope. OSHA around personnel hoists. For additional DATES: The expansion of the scope of maintains an informational web page for substantive information about this ICR, recognition becomes effective on March each NRTL that details the NRTL scope see the related notice published in the 24, 2021. of recognition. These pages are available Federal Register on November 12, 2020 FOR FURTHER INFORMATION CONTACT: from the agency’s website at http:// (85 FR 71947). Information regarding this notice is www.osha.gov/dts/otpca/nrtl/ This information collection is subject available from the following sources: index.html. to the PRA. A Federal agency generally Press inquiries: Contact Mr. Frank TUVRNA submitted two applications, cannot conduct or sponsor a collection Meilinger, Director, OSHA Office of one dated April 28, 2017 (OSHA–2007– of information, and the public is Communications, U.S. Department of 0042–0034) and another dated August generally not required to respond to an Labor, 200 Constitution Avenue NW, 21, 2017 (OSHA–2007–0042–0035), to information collection, unless the OMB Room N–3647, Washington, DC 20210; expand recognition to include the approves it and displays a currently telephone: (202) 693–1999; email: addition of fourteen test standards. valid OMB Control Number. In addition, [email protected]. OSHA staff performed a detailed notwithstanding any other provisions of General and technical information: analysis of the application packets and law, no person shall generally be subject Contact Mr. Kevin Robinson, Director, reviewed other pertinent information. to penalty for failing to comply with a Office of Technical Programs and OSHA did not perform any on-site collection of information that does not Coordination Activities, Directorate of reviews in relation to these applications. display a valid OMB Control Number. Technical Support and Emergency OSHA published the preliminary See 5 CFR 1320.5(a) and 1320.6. Management, Occupational Safety and notice announcing TUVRNA’s DOL seeks PRA authorization for this Health Administration, U.S. Department expansion applications in the Federal information collection for three (3) of Labor, 200 Constitution Avenue NW, Register on February 3, 2021 (86 FR VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15724 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 8041). The agency requested comments OSHA–2007–0042 contains all materials standards, and other pertinent by February 18, 2021, but it received no in the record concerning TUVRNA’s information. Based on its review of this comments in response to this notice. recognition. Please note: While OSHA’s evidence, OSHA finds that TUVRNA OSHA now is proceeding with this final Docket Office is continuing to accept meets the requirements of 29 CFR notice to grant expansion of TUVRNA’s and process submissions by regular 1910.7 for expansion of its recognition, scope of recognition. mail, due to the COVD–19 pandemic, subject to the limitations and conditions the Docket Office is closed to the public listed below. OSHA, therefore, is To obtain or review copies of all and not able to receive submissions to public documents pertaining to proceeding with this final notice to the docket by hand, express mail, grant TUVRNA’s scope of recognition. TUVRNA’s application, go to messenger, and courier service. www.regulations.gov or contact the OSHA limits the expansion of Docket Office, Occupational Safety and II. Final Decision and Order TUVRNA’s recognition to testing and Health Administration, U.S. Department OSHA staff examined TUVRNA’s certification of products for of Labor, 200 Constitution Avenue NW, expansion applications, their capability demonstration of conformance to the Washington, DC 20210. Docket No. to meet the requirements of the test test standard listed in Table 1 below. TABLE 1—LIST OF APPROPRIATE TEST STANDARD FOR INCLUSION IN TUVRNA’S NRTL SCOPE OF RECOGNITION Test standard Test standard title UL 9540 ...... Standard for Energy Storage Systems and Equipment. UL 283 ...... Air Fresheners and Deodorizers. UL 962 ...... Household and Commercial Furnishings. UL 2089 ...... Vehicle Battery Adapters. UL 2738 ...... Standard for Induction Power and Transmitters and Receivers for Use with Low Energy Products. UL 8750 ...... Standard for Light Emitting Diode (LED) Equipment for Use in Lighting Products. UL 8752 ...... Organic Light Emitting Diode (LED) Panels. UL 60950–21 ...... Information Technology Equipment—Safety—Part 21: Remote Power Feeding. UL 60950–22 ...... Information Technology Equipment—Safety—Part 22: Equipment to be Installed Outdoors. UL 60950–23 ...... Information Technology Equipment—Safety—Part 23: Large Data Storage Equipment. UL 61010–2–030 ... Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–030: Particular Re- quirements for Testing and Measuring Circuits. UL 61010–031 ...... Electrical Equipment for Measurement, Control and Laboratory Use—Part 031: Safety Requirements for Hand-Held Probe Assemblies for Electrical Measurement and Test. UL 61010–2–81 ..... Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–081: Particular Re- quirements for Automatic and Semi-Automatic Laboratory Equipment for Analysis and other Purposes. UL 61010–2–091 ... Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–091: Particular Re- quirements for Cabinet X-Ray Systems. OSHA’s recognition of any NRTL for A. Conditions Occupational Safety and Health, 200 a particular test standard is limited to In addition to those conditions Constitution Avenue NW, Washington, equipment or materials for which OSHA already required by 29 CFR 1910.7, DC 20210, authorized the preparation of standards require third-party testing and TUVRNA must abide by the following this notice. Accordingly, the Agency is certification before using them in the conditions of the recognition: issuing this notice pursuant to 29 U.S.C. workplace. Consequently, if a test 1. TUVRNA must inform OSHA as 657(g)(2), Secretary of Labor’s Order No. standard also covers any products for soon as possible, in writing, of any 8–2020 (85 FR 58393, September 18, which OSHA does not require such change of ownership, facilities, or key 2020) and 29 CFR 1910.7. testing and certification, a NRTL’s scope personnel, and of any major change in Signed at Washington, DC, on March 16, of recognition does not include these its operations as a NRTL, and provide 2021. products. details of the change(s); James S. Frederick, The American National Standards 2. TUVRNA must meet all the terms Principal Deputy Assistant Secretary of Labor Institute (ANSI) may approve the test of its recognition and comply with all for Occupational Safety and Health. standard listed above as an American OSHA policies pertaining to this [FR Doc. 2021–06037 Filed 3–23–21; 8:45 am] National Standard. However, for recognition; and BILLING CODE 4510–26–P convenience, we may use the 3. TUVRNA must continue to meet designation of the standards-developing the requirements for recognition, including all previously published DEPARTMENT OF LABOR organization for the standard as opposed conditions on TUVRNA’s scope of to the ANSI designation. Under the recognition, in all areas for which it has Occupational Safety and Health NRTL Program’s policy (see OSHA recognition. Administration Instruction CPL 1–0.3, Appendix C, Pursuant to the authority in 29 CFR paragraph XIV), any NRTL recognized 1910.7, OSHA hereby expands the scope [Docket No. OSHA–2007–0043] for a particular test standard may use of recognition of TUVRNA, subject to TUV SUD America, Inc.: Grant of either the proprietary version of the test the limitations and conditions specified Expansion of Recognition standard or the ANSI version of that above. standard. Contact ANSI to determine III. Authority and Signature AGENCY: Occupational Safety and Health whether a test standard is currently Administration (OSHA), Labor. ANSI-approved. James S. Frederick, Principal Deputy ACTION: Notice. Assistant Secretary of Labor for VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15725 SUMMARY: In this notice, OSHA and certification of the specific products February 3, 2021 (86 FR 8039). The announces the final decision to expand covered within its scope of recognition agency requested comments by February the scope of recognition for TUV SUD and is not a delegation or grant of 18, 2021, but it received no comments America, Inc. (TUVAM) as a Nationally government authority. As a result of in response to this notice. OSHA now is Recognized Testing Laboratory (NRTL). recognition, employers may use proceeding with this final notice to DATES: The expansion of the scope of products properly approved by the grant expansion of TUVAM’s scope of recognition becomes effective on March NRTL to meet OSHA standards that recognition. 24, 2021. require testing and certification. To obtain or review copies of all FOR FURTHER INFORMATION CONTACT: The agency processes applications by public documents pertaining to the Information regarding this notice is a NRTL for initial recognition, or for TUVAM expansion application, go to available from the following sources: expansion or renewal of this www.regulations.gov or contact the Press inquiries: Contact Mr. Frank recognition, following requirements in Docket Office, Occupational Safety and Meilinger, Director, OSHA Office of Appendix A to 29 CFR 1910.7. This Health Administration, U.S. Department Communications, U.S. Department of appendix requires that the agency of Labor, 200 Constitution Avenue NW, Labor by phone (202) 693–1999 or email publish two notices in the Federal Washington, DC 20210. Docket No. [email protected]. Register in processing an application. In OSHA–2007–0043 contains all materials General and technical information: the first notice, OSHA announces the in the record concerning TUVAM’s Contact Mr. Kevin Robinson, Director, application and provides its preliminary recognition. Please note: While OSHA’s Office of Technical Programs and finding and, in the second notice, the Docket Office is continuing to accept Coordination Activities, Directorate of agency provides the final decision on and process submissions by regular Technical Support and Emergency the application. These notices set forth mail, due to the COVID–19 pandemic, Management, Occupational Safety and the NRTL’s scope of recognition or the Docket Office is closed to the public Health Administration, U.S. Department modifications of that scope. OSHA and not able to receive submissions to of Labor by phone (202) 693–2110 or maintains an informational web page for the docket by hand, express mail, email [email protected]. each NRTL that details its scope of messenger, and courier service. SUPPLEMENTARY INFORMATION: recognition. These pages are available from the agency’s website at http:// II. Final Decision and Order I. Notice of Final Decision www.osha.gov/dts/otpca/nrtl/ OSHA staff examined TUVAM’s OSHA hereby gives notice of the index.html. expansion application, and examined expansion of the scope of recognition of TUVAM submitted an application, other pertinent information. Based on TUV SUD America, Inc. (TUVAM), as a dated August 29, 2019 (OSHA–2007– review of this evidence, OSHA finds NRTL. TUVAM’s expansion covers the 0043–0032), to expand their recognition that TUVAM meets the requirements of addition of eight recognized test to include eight additional test 29 CFR 1910.7 for expansion of standards to the NRTL scope of standards. OSHA staff performed recognition, subject to the specified recognition. detailed analysis of the application limitation and conditions. OSHA, OSHA recognition of a NRTL signifies packet and reviewed other pertinent therefore, is proceeding with this final that the organization meets the information. OSHA did not perform an notice to grant TUVAM’s scope of requirements in Section 1910.7 of Title on-site review related to this recognition. OSHA limits the expansion 29, Code of Federal Regulations (29 CFR application. of TUVAM’s recognition to testing and 1910.7). Recognition is an OSHA published the preliminary certification of products for acknowledgment that the organization notice announcing TUVAM’s expansion demonstration of conformance to the can perform independent safety testing application in the Federal Register on test standards listed in Table 1. TABLE 1—LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN TUVAM’S NRTL SCOPE OF RECOGNITION Test standard Test standard title ASME A17.5 ...... Elevators and Escalator Electrical Equipment. UL 2738 ...... Standard for Induction Power Transmitters and Receivers for Use With Low Energy Products. UL 60745–2–1 ...... Particular Requirements for Drills and Impact Drills. UL 60745–2–3 ...... Particular Requirements for Grinders, Polishers and Disk-Type Sanders. UL 60745–2–5 ...... Particular Requirements for Circular Saws. UL 60745–2–14 ..... Particular Requirements for Planers. UL 60745–2–17 ..... Particular Requirements for Routers and Trimmers. UL 61800–5–1 ...... Adjustable Speed Electrical Power Drive Systems—Part 5–1: Safety Requirements—Electrical, Thermal and Energy. OSHA’s recognition of any NRTL for The American National Standards either the proprietary version of the test a particular test standard is limited to Institute (ANSI) may approve the test standard or the ANSI version of that equipment or materials for which OSHA standards listed above as American standard. Contact ANSI to determine standards require third-party testing and National Standards. However, for whether a test standard is currently certification before using them in the convenience, we may use the ANSI-approved. workplace. Consequently, if a test designation of the standards-developing A. Conditions standard also covers any products for organization for the standard as opposed which OSHA does not require such to the ANSI designation. Under the In addition to those conditions NRTL Program’s policy (see OSHA testing and certification, a NRTL’s scope already required by 29 CFR 1910.7, Instruction CPL 1–0.3, Appendix C, of recognition does not include these TUVAM also must abide by the products. paragraph XIV), any NRTL recognized for a particular test standard may use following conditions of the recognition: VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15726 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 1. TUVAM must inform OSHA as ADDRESSES: National Endowment for the a membership recommendation for any soon as possible, in writing, of any Arts, Constitution Center, 400 7th St. of the NSF scientific and technical change of ownership, facilities, or key SW, Washington, DC 20506. Federal advisory committees, please personnel, and of any major change in FOR FURTHER INFORMATION CONTACT: send your recommendation to the its operations as a NRTL, and provide Further information with reference to appropriate committee contact person details of the change(s); these meetings can be obtained from Ms. listed in the chart below. 2. TUVAM must meet all the terms of Sherry Hale, Office of Guidelines & ADDRESSES: The mailing address for the its recognition and comply with all Panel Operations, National Endowment National Science Foundation is 2415 OSHA policies pertaining to this for the Arts, Washington, DC, 20506; Eisenhower Avenue, Alexandria, VA recognition; and [email protected], or call 202/682–5696. 22314. Web links to individual 3. TUVAM must continue to meet the SUPPLEMENTARY INFORMATION: The committee information may be found on requirements for recognition, including closed portions of meetings are for the the NSF website: NSF Advisory all previously published conditions on purpose of Panel review, discussion, Committees. TUVAM’s scope of recognition, in all evaluation, and recommendations on SUPPLEMENTARY INFORMATION: Each areas for which it has recognition. financial assistance under the National Directorate and Office has an external Pursuant to the authority in 29 CFR Foundation on the Arts and the advisory committee that typically meets 1910.7, OSHA hereby expands the Humanities Act of 1965, as amended, twice a year to review and provide recognition of TUVAM, subject to the including information given in advice on program management; discuss limitations and conditions specified confidence to the agency. In accordance current issues; and review and provide above. with the determination of the Chairman advice on the impact of policies, IV. Authority and Signature of September 10, 2019, these sessions programs, and activities in the will be closed to the public pursuant to disciplines and fields encompassed by James S. Frederick, Principal Deputy subsection (c)(6) of section 552b of title the Directorate or Office. In addition to Assistant Secretary of Labor for 5, United States Code. Directorate and Office advisory Occupational Safety and Health, 200 The Upcoming Meeting Is committees, NSF has several Constitution Avenue NW, Washington, committees that provide advice and DC 20210, authorized the preparation of Mayors’ Institute on City Design recommendations on specific topics this notice. Accordingly, the agency is (review of applications): This meeting including astronomy and astrophysics; issuing this notice pursuant to Section will be closed. environmental research and education; 29 U.S.C. 655(6)(d), Secretary of Labor’s Date and time: April 16, 2021, 2:30 equal opportunities in science and Order No. 8–2020 (85 FR 58393; Sept. p.m. to 4:30 p.m. engineering; cyberinfrastructure; 18, 2020), and 29 CFR 1905.11. Dated: March 19, 2021. international science and engineering; Signed at Washington, DC, on March 18, Sherry P. Hale and business and operations. 2021. Staff Assistant, National Endowment for the A primary consideration when James S. Frederick, Arts. formulating committee membership is Principal Deputy Assistant Secretary of Labor [FR Doc. 2021–06032 Filed 3–23–21; 8:45 am] recognized knowledge, expertise, or 1 for Occupational Safety and Health. BILLING CODE 7537–01–P demonstrated ability. Other factors that [FR Doc. 2021–06038 Filed 3–23–21; 8:45 am] may be considered are balance among BILLING CODE 4510–26–P diverse institutions, regions, and groups NATIONAL SCIENCE FOUNDATION underrepresented in science, technology, engineering, and Request for Recommendations for mathematics. Committee members serve NATIONAL FOUNDATION ON THE Membership on Directorate and Office for varying term lengths, depending on ARTS AND THE HUMANITIES Advisory Committees the nature of the individual committee. Although we welcome the National Endowment for the Arts ACTION: Notice. recommendations we receive, we regret that NSF will not be able to Arts Advisory Panel Meetings SUMMARY: The National Science acknowledge or respond positively to Foundation (NSF) requests AGENCY: National Endowment for the each person who contacts NSF or has recommendations for membership on its been recommended. NSF intends to Arts, National Foundation on the Arts scientific and technical Federal advisory and the Humanities. publish a similar notice to this on an committees. Recommendations should annual basis. NSF will keep ACTION: Notice of meeting. consist of the name of the submitting recommendations active for 12 months individual, the organization or the from the date of receipt. SUMMARY: Pursuant to the Federal affiliation providing the member The chart below is a listing of the Advisory Committee Act, as amended, nomination, the name of the committees seeking recommendations notice is hereby given that 1 meeting of recommended individual, the for membership. Recommendations the Arts Advisory Panel to the National recommended individual’s curriculum should be sent to the contact person Council on the Arts will be held by vita, an expression of the individual’s identified below. The chart contains teleconference or videoconference. interest in serving, and the following web addresses where additional DATES: See the SUPPLEMENTARY recommended individual’s contact information about individual INFORMATION section for individual information: Employment address, committees is available. meeting times and dates. All meetings telephone number, fax number, and are Eastern time and ending times are email address. Self-recommendations 1 Federally registered lobbyists are not eligible for approximate: are accepted. If you would like to make appointment to these Federal advisory committees. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15727 Advisory committee Contact person Advisory Committee for Biological Sciences, https://www.nsf.gov/bio/ad- Brent Miller, Directorate for Biological Sciences; phone: (703) 292– visory.jsp. 8400; email: [email protected]; fax: (703) 292–2988. Advisory Committee for Computer and Information Science and Engi- Brenda Williams, Directorate for Computer and Information Science neering, https://www.nsf.gov/cise/advisory.jsp. and Engineering; phone: (703) 292–4554; email: [email protected]; fax: (703) 292–9454. Advisory Committee for Cyberinfrastructure, https://www.nsf.gov/cise/ Carl Anderson, Division of Advanced Cyberinfrastructure; phone: (703) aci/advisory.jsp. 292–4545; email: [email protected]; fax: (703) 292–9060. Advisory Committee for Education and Human Resources, https:// Nafeesa Owens, Directorate for Education and Human Resources; www.nsf.gov/ehr/advisory.jsp. phone: (703) 292–8600; email: [email protected]; fax: (703) 292– 9179. Advisory Committee for Engineering, https://www.nsf.gov/eng/advi- Cecile Gonzalez, Directorate for Engineering; phone: (703) 292–8300; sory.jsp. email: [email protected]; fax: (703) 292–9467. Advisory Committee for Geosciences, https://www.nsf.gov/geo/advi- Melissa Lane, Directorate for Geosciences: phone: (703) 292–8500; sory.jsp. email: [email protected]; fax: (703) 292–9042. Advisory Committee for International Science and Engineering, https:// Christopher Street, Office of International Science and Engineering, www.nsf.gov/od/oise/advisory.jsp. phone: (703) 292–8568; email: [email protected] fax: (703) 292–9481. Advisory Committee for Mathematical and Physical Sciences, https:// Angela Harris, Directorate for Mathematical and Physical Sciences; www.nsf.gov/mps/advisory.jsp. phone: (703) 292–8800; email: [email protected]; fax: (703) 292– 9151. Advisory Committee for Social, Behavioral & Economic Sciences, Deborah Olster, Directorate for Social, Behavioral & Economic https://www.nsf.gov/sbe/advisory.jsp. Sciences; phone: (703) 292–8700; email: [email protected]; fax: (703) 292–9083. Advisory Committee for Polar Programs, https://www.nsf.gov/geo/opp/ Andrew Backe, Office of Polar Programs; phone: (703) 292–2454; advisory.jsp. email: [email protected]; fax: (703) 292–9081. Committee on Equal Opportunities in Science and Engineering, https:// Bernice Anderson, Office of Integrative Activities; phone: (703) 292– www.nsf.gov/od/oia/activities/ceose/. 8040; email: [email protected]; fax: (703) 292–9040. Advisory Committee for Business and Operations, https://www.nsf.gov/ Jeffrey Rich, Office of Information and Resource Management; phone: oirm/bocomm/. (703) 292–8100; email: [email protected]; fax: (703) 292–9369. Advisory Committee for Environmental Research and Education, Gayle Pugh Lev, Office of Integrative Activities; phone: (703) 292– https://www.nsf.gov/ere/ereweb/advisory.jsp. 8040; email: [email protected]; fax: (703) 292–9040. Astronomy and Astrophysics Advisory Committee, https://www.nsf.gov/ Donna O’Malley, Division of Astronomical Sciences; phone: (703) 292– mps/ast/aaac.jsp. 7319; email: [email protected]; fax: (703) 292–9452. STEM Education Advisory Panel, https://nsf.gov/ehr/ Nafeesa Owens, Directorate for Education and Human Resources; STEMEdAdvisory.jsp. Please visit website to submit recommendations. Dated: March 18, 2021. rate calculation used to determine the for Docket ID NRC–2021–0072. Address Crystal Robinson, end-of-cycle distribution of indications questions about Docket IDs in Committee Management Officer. of axial outer diameter stress corrosion Regulations.gov to Stacy Schumann; [FR Doc. 2021–06005 Filed 3–23–21; 8:45 am] cracking (ODSCC) at steam generator telephone: 301–415–0624; email: BILLING CODE 7555–01–P (SG) tube support plates in support of [email protected]. For technical the Watts Bar, Unit 2 operational questions, contact the individual listed assessment. The proposed revision to in the FOR FURTHER INFORMATION the UFSAR would apply to Unit 2 only. CONTACT section of this document. NUCLEAR REGULATORY For this amendment request, the NRC • Mail comments to: Office of COMMISSION proposes to determine that it involves Administration, Mail Stop: TWFN–7– [Docket No. 50–391; NRC–2021–0072] no significant hazards consideration. A60M, U.S. Nuclear Regulatory Because this amendment request Commission, Washington, DC 20555– Tennessee Valley Authority; Watts Bar contains sensitive unclassified non- 0001, ATTN: Program Management, Nuclear Plant, Unit 2 safeguards information (SUNSI), an Announcements and Editing Staff. order imposes procedures to obtain For additional direction on obtaining AGENCY: Nuclear Regulatory information and submitting comments, Commission. access to SUNSI for contention preparation. see ‘‘Obtaining Information and ACTION: License amendment request; Submitting Comments’’ in the DATES: Submit comments by April 23, opportunity to provide comment, SUPPLEMENTARY INFORMATION section of 2021. Requests for a hearing or petition request a hearing, and petition for leave this document. for leave to intervene must be filed by to intervene; order imposing FOR FURTHER INFORMATION CONTACT: procedures. May 24, 2021. Any potential party as defined in § 2.4 of title 10 of the Code Kimberly Green, Office of Nuclear SUMMARY: The U.S. Nuclear Regulatory of Federal Regulations (10 CFR), who Reactor Regulation, U.S. Nuclear Commission (NRC) is considering believes access to SUNSI is necessary to Regulatory Commission, Washington, issuance of an amendment to Facility respond to this notice must request DC 20555–0001; telephone: 301–415– Operating License No. NPF–96, issued document access by April 5, 2021. 1627, email: [email protected]. to Tennessee Valley Authority (TVA), ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: for operation of the Watts Bar Nuclear by any of the following methods; I. Obtaining Information and Plant (Watts Bar or WBN), Unit 2. The however, the NRC encourages electronic Submitting Comments proposed amendment would revise the comment submission through the Watts Bar Updated Final Safety Federal Rulemaking website: A. Obtaining Information Analysis Report (UFSAR) to apply a • Federal Rulemaking Website: Go to Please refer to Docket ID NRC–2021– temperature adjustment to the growth https://www.regulations.gov and search 0072 when contacting the NRC about VerDate Sep<11>2014 19:37 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15728 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices the availability of information for this II. Introduction Response: No. The use of the proposed temperature action. You may obtain publicly The NRC is considering issuance of an available information related to this adjustment to the growth rate calculation amendment to Facility Operating concerns the SG tubes and can only affect the action by any of the following methods: License No. NPF–96, issued to TVA, for • Federal Rulemaking Website: Go to steam generator tube rupture accident during operation of the WBN, Unit 2, located in a postulated MSLB event. Its use results in https://www.regulations.gov and search Rhea County, Tennessee. an end-of-cycle (EOC) distribution of for Docket ID NRC–2021–0072. • The proposed amendment would indications that remains in compliance with NRC’s Agencywide Documents revise the Watts Bar UFSAR to apply a the GL 95–05 acceptance criteria for Access and Management System temperature adjustment to the growth conditional tube burst in the faulted SG of (ADAMS): You may obtain publicly less than or equal to 1 × 10¥2 and results in rate calculation used to determine the available documents online in the primary-to-secondary leakage within end-of-cycle distribution of indications ADAMS Public Documents collection at acceptable limits during a postulated MSLB of axial ODSCC at SG tube support https://www.nrc.gov/reading-rm/ event. plates in support of the Watts Bar, Unit adams.html. To begin the search, select Therefore, TVA concludes that this 2 operational assessment. The proposed proposed change does not create the ‘‘Begin Web-based ADAMS Search.’’ For revision to the UFSAR would apply to possibility of a new or different kind of problems with ADAMS, please contact Unit 2 only. accident from any previously evaluated. the NRC’s Public Document Room (PDR) Before any issuance of the proposed 3. Does the proposed amendment involve reference staff at 1–800–397–4209, 301– license amendment, the NRC will need a significant reduction in a margin of safety? 415–4737, or by email to pdr.resource@ Response: No. to make the findings required by the nrc.gov. The ‘‘Expedited Application for The use of the proposed temperature Atomic Energy Act of 1954, as amended Approval to Use a Growth Rate adjustment to the growth rate calculation for (the Act), and NRC’s regulations. the WBN Unit 2 operational assessment does Temperature Adjustment When The NRC has made a proposed Implementing the Generic Letter [GL] not involve a significant reduction in a determination that the license margin of safety. The applicable margin of 95–05 Analysis for the Watts Bar amendment request involves no safety potentially impacted is the WBN Unit Nuclear Plant (WBN), Unit 2 Steam significant hazards consideration. Under 2 TS 5.9.9 projected EOC conditional Generators (WBN TS–391–21–002),’’ is the NRC’s regulations in 10 CFR 50.92, probability of burst. The use of the proposed available in ADAMS under Accession this means that operation of the facility temperature adjustment to the growth rate calculation does not result in a significant No. ML21056A623. in accordance with the proposed • Attention: The PDR, where you may increase in the calculated MSLB tube burst amendment would not (1) involve a examine and order copies of public probability because it will be utilized in significant increase in the probability or documents, is currently closed. You concert with accepted methodology that consequences of an accident previously may submit your request to the PDR via predicts a conservative operational cycle in evaluated; or (2) create the possibility of terms of calendar days in compliance with email at [email protected] or call 1– a new or different kind of accident from the GL 95–05 acceptance criteria for 800–397–4209 or 301–415–4737, any accident previously evaluated; or conditional tube burst in the faulted SG of between 8:00 a.m. and 4:00 p.m. (EST), × ¥2 (3) involve a significant reduction in a less than or equal to 1 10 and results in Monday through Friday, except Federal primary-to-secondary leakage within margin of safety. As required by 10 CFR holidays. acceptable limits during a postulated MSLB 50.91(a), the licensee has provided its event. B. Submitting Comments analysis of the issue of no significant Therefore, TVA concludes that this The NRC encourages electronic hazards consideration, which is proposed change does not involve a comment submission through the presented below: significant reduction in a margin of safety. Federal Rulemaking website (https:// 1. Does the proposed amendment involve The NRC staff has reviewed the www.regulations.gov). Please include a significant increase in the probability or licensee’s analysis and, based on this Docket ID NRC–2021–0072 in your consequence of an accident previously review, it appears that the three comment submission. evaluated? standards of 10 CFR 50.92(c) are The NRC cautions you not to include Response: No. satisfied. Therefore, the NRC staff identifying or contact information that The use of the proposed temperature adjustment to the growth rate does not result proposes to determine that the license you do not want to be publicly in a significant increase in the main steam amendment request involves no disclosed in your comment submission. line break (MSLB) tube burst probability significant hazards consideration. The NRC will post all comment because it will be utilized in concert with The NRC is seeking public comments submissions at https:// accepted methodology that predicts a on this proposed determination that the www.regulations.gov as well as enter the conservative operational cycle in terms of license amendment request involves no comment submissions into ADAMS. calendar days in compliance with the significant hazards consideration. Any The NRC does not routinely edit [Generic Letter] GL 95–05 acceptance criteria comments received within 30 days after for tube burst in the faulted SG of less than comment submissions to remove ¥ the date of publication of this notice or equal to 1 × 10 2 and results in primary- identifying or contact information. to-secondary leakage within acceptable limits will be considered in making any final If you are requesting or aggregating during a postulated MSLB event. The use of determination. comments from other persons for the proposed temperature adjustment to the Normally, the Commission will not submission to the NRC, then you should growth rate also does not result in a issue the amendment until the inform those persons not to include significant increase in the consequence of expiration of 60 days after the date of identifying or contact information that any accidents involving an MSLB. publication of this notice. The they do not want to be publicly Therefore, TVA concludes that this Commission may issue the license disclosed in their comment submission. proposed change does not involve a amendment before expiration of the 60- Your request should state that the NRC significant increase in the probability or day notice period if the Commission consequences of an accident previously does not routinely edit comment evaluated. concludes the amendment involves no submissions to remove such information 2. Does the proposed amendment create significant hazards consideration. In before making the comment the possibility of a new or different kind of addition, the Commission may issue the submissions available to the public or accident from any accident previously amendment prior to the expiration of entering the comment into ADAMS. evaluated? the 30-day comment period if VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15729 circumstances change during the 30-day intends to rely to support its position on under 10 CFR 2.309(h)(1). The petition comment period such that failure to act the issue. The petition must include should state the nature and extent of the in a timely way would result, for sufficient information to show that a petitioner’s interest in the proceeding. example, in derating or shutdown of the genuine dispute exists with the The petition should be submitted to the facility. If the Commission takes action applicant or licensee on a material issue Commission no later than 60 days from prior to the expiration of either the of law or fact. Contentions must be the date of publication of this notice. comment period or the notice period, it limited to matters within the scope of The petition must be filed in accordance will publish in the Federal Register a the proceeding. The contention must be with the filing instructions in the notice of issuance. If the Commission one that, if proven, would entitle the ‘‘Electronic Submissions (E-Filing)’’ makes a final no significant hazards petitioner to relief. A petitioner who section of this document, and should consideration determination, any fails to satisfy the requirements at 10 meet the requirements for petitions set hearing will take place after issuance. CFR 2.309(f) with respect to at least one forth in this section, except that under The Commission expects that the need contention will not be permitted to 10 CFR 2.309(h)(2) a State, local to take this action will occur very participate as a party. governmental body, or Federally infrequently. Those permitted to intervene become recognized Indian Tribe, or agency parties to the proceeding, subject to any thereof does not need to address the III. Opportunity To Request a Hearing limitations in the order granting leave to standing requirements in 10 CFR and Petition for Leave To Intervene intervene. Parties have the opportunity 2.309(d) if the facility is located within Within 60 days after the date of to participate fully in the conduct of the its boundaries. Alternatively, a State, publication of this notice, any person hearing with respect to resolution of local governmental body, Federally (petitioner) whose interest may be that party’s admitted contentions, recognized Indian Tribe, or agency affected by this action may file a request including the opportunity to present thereof may participate as a non-party for a hearing and petition for leave to evidence, consistent with the NRC’s under 10 CFR 2.315(c). intervene (petition) with respect to the regulations, policies, and procedures. If a petition is submitted, any person action. Petitions shall be filed in Petitions must be filed no later than who is not a party to the proceeding and accordance with the Commission’s 60 days from the date of publication of is not affiliated with or represented by ‘‘Agency Rules of Practice and this notice. Petitions and motions for a party may, at the discretion of the Procedure’’ in 10 CFR part 2. Interested leave to file new or amended presiding officer, be permitted to make persons should consult a current copy contentions that are filed after the a limited appearance pursuant to the of 10 CFR 2.309. The NRC’s regulations deadline will not be entertained absent provisions of 10 CFR 2.315(a). A person are accessible electronically from the a determination by the presiding officer making a limited appearance may make NRC Library on the NRC’s website at that the filing demonstrates good cause an oral or written statement of his or her https://www.nrc.gov/reading-rm/doc- by satisfying the three factors in 10 CFR position on the issues but may not collections/cfr/. If a petition is filed, the 2.309(c)(1)(i) through (iii). The petition otherwise participate in the proceeding. Commission or a presiding officer will must be filed in accordance with the A limited appearance may be made at rule on the petition and, if appropriate, filing instructions in the ‘‘Electronic any session of the hearing or at any a notice of a hearing will be issued. Submissions (E-Filing)’’ section of this prehearing conference, subject to the As required by 10 CFR 2.309(d), the document. limits and conditions as may be petition should specifically explain the If a hearing is requested, and the imposed by the presiding officer. Details reasons why intervention should be Commission has not made a final regarding the opportunity to make a permitted with particular reference to determination on the issue of no limited appearance will be provided by the following general requirements for significant hazards consideration, the the presiding officer if such sessions are standing: (1) The name, address, and Commission will make a final scheduled. telephone number of the petitioner; (2) determination on the issue of no the nature of the petitioner’s right to be significant hazards consideration. The IV. Electronic Submissions (E-Filing) made a party to the proceeding; (3) the final determination will serve to All documents filed in NRC nature and extent of the petitioner’s establish when the hearing is held. If the adjudicatory proceedings, including a property, financial, or other interest in final determination is that the request for hearing and petition for the proceeding; and (4) the possible amendment request involves no leave to intervene (petition), any motion effect of any decision or order which significant hazards consideration, the or other document filed in the may be entered in the proceeding on the Commission may issue the amendment proceeding prior to the submission of a petitioner’s interest. and make it immediately effective, request for hearing or petition to In accordance with 10 CFR 2.309(f), notwithstanding the request for a intervene, and documents filed by the petition must also set forth the hearing. Any hearing would take place interested governmental entities that specific contentions that the petitioner after issuance of the amendment. If the request to participate under 10 CFR seeks to have litigated in the final determination is that the 2.315(c), must be filed in accordance proceeding. Each contention must amendment request involves a with the NRC’s E-Filing rule (72 FR consist of a specific statement of the significant hazards consideration, then 49139; August 28, 2007, as amended at issue of law or fact to be raised or any hearing held would take place 77 FR 46562; August 3, 2012). The E- controverted. In addition, the petitioner before the issuance of the amendment Filing process requires participants to must provide a brief explanation of the unless the Commission finds an submit and serve all adjudicatory bases for the contention and a concise imminent danger to the health or safety documents over the internet, or in some statement of the alleged facts or expert of the public, in which case it will issue cases to mail copies on electronic opinion that support the contention and an appropriate order or rule under 10 storage media. Detailed guidance on on which the petitioner intends to rely CFR part 2. making electronic submissions may be in proving the contention at the hearing. A State, local governmental body, found in the Guidance for Electronic The petitioner must also provide Federally recognized Indian Tribe, or Submissions to the NRC and on the NRC references to the specific sources and agency thereof, may submit a petition to website at https://www.nrc.gov/site- documents on which the petitioner the Commission to participate as a party help/e-submittals.html. Participants VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15730 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices may not submit paper copies of their A person filing electronically using unless an NRC regulation or other law filings unless they seek an exemption in the NRC’s adjudicatory E-Filing system requires submission of such accordance with the procedures may seek assistance by contacting the information. For example, in some described below. NRC’s Electronic Filing Help Desk instances, individuals provide home To comply with the procedural through the ‘‘Contact Us’’ link located addresses in order to demonstrate requirements of E-Filing, at least 10 on the NRC’s public website at https:// proximity to a facility or site. With days prior to the filing deadline, the www.nrc.gov/site-help/e- respect to copyrighted works, except for participant should contact the Office of submittals.html, by email to limited excerpts that serve the purpose the Secretary by email at [email protected], or by a toll- of the adjudicatory filings and would [email protected], or by telephone free call at 1–866–672–7640. The NRC constitute a Fair Use application, at 301–415–1677, to (1) request a digital Electronic Filing Help Desk is available participants are requested not to include identification (ID) certificate, which between 9 a.m. and 6 p.m., EST, copyrighted materials in their allows the participant (or its counsel or Monday through Friday, excluding submission. representative) to digitally sign government holidays. For further details with respect to this submissions and access the E-Filing Participants who believe that they action, see the application for license system for any proceeding in which it have a good cause for not submitting amendment dated February 25, 2021. is participating; and (2) advise the documents electronically must file an Attorney for licensee: David Fountain, Secretary that the participant will be exemption request, in accordance with Executive Vice President and General submitting a petition or other 10 CFR 2.302(g), with their initial paper Counsel, Tennessee Valley Authority, adjudicatory document (even in filing stating why there is good cause for 400 West Summit Hill Drive, WT 6A, instances in which the participant, or its not filing electronically and requesting Knoxville, TN 37902. counsel or representative, already holds authorization to continue to submit NRC Branch Chief: Undine Shoop. an NRC-issued digital ID certificate). documents in paper format. Such filings Order Imposing Procedures for Access Based upon this information, the must be submitted by: (1) First class to Sensitive Unclassified Non- Secretary will establish an electronic mail addressed to the Office of the Safeguards Information for Contention docket for the hearing in this proceeding Secretary of the Commission, U.S. Preparation if the Secretary has not already Nuclear Regulatory Commission, established an electronic docket. Washington, DC 20555–0001, Attention: A. This Order contains instructions Rulemaking and Adjudications Staff; or regarding how potential parties to this Information about applying for a (2) courier, express mail, or expedited proceeding may request access to digital ID certificate is available on the delivery service to the Office of the documents containing SUNSI. NRC’s public website at https:// Secretary, 11555 Rockville Pike, B. Within 10 days after publication of www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: this notice of hearing and opportunity to getting-started.html. Once a participant Rulemaking and Adjudications Staff. has obtained a digital ID certificate and Participants filing adjudicatory petition for leave to intervene, any a docket has been created, the documents in this manner are potential party who believes access to participant can then submit responsible for serving the document on SUNSI is necessary to respond to this adjudicatory documents. Submissions all other participants. Filing is notice may request access to SUNSI. A must be in Portable Document Format considered complete by first-class mail ‘‘potential party’’ is any person who (PDF). Additional guidance on PDF as of the time of deposit in the mail, or intends to participate as a party by submissions is available on the NRC’s by courier, express mail, or expedited demonstrating standing and filing an public website at https://www.nrc.gov/ delivery service upon depositing the admissible contention under 10 CFR site-help/electronic-sub-ref-mat.html. A document with the provider of the 2.309. Requests for access to SUNSI filing is considered complete at the time service. A presiding officer, having submitted later than 10 days after the document is submitted through the granted an exemption request from publication of this notice will not be NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant considered absent a showing of good electronic filing must be submitted to or party to use E-Filing if the presiding cause for the late filing, addressing why the E-Filing system no later than 11:59 officer subsequently determines that the the request could not have been filed p.m. EST on the due date. Upon receipt reason for granting the exemption from earlier. of a transmission, the E-Filing system use of E-Filing no longer exists. C. The requestor shall submit a letter time-stamps the document and sends Documents submitted in adjudicatory requesting permission to access SUNSI the submitter an email notice proceedings will appear in the NRC’s to the Office of the Secretary, U.S. confirming receipt of the document. The electronic hearing docket, which is Nuclear Regulatory Commission, E-Filing system also distributes an email available to the public at https:// Washington, DC 20555–0001, Attention: notice that provides access to the adams.nrc.gov/ehd, unless excluded Rulemakings and Adjudications Staff, document to the NRC’s Office of the pursuant to an order of the Commission and provide a copy to the Deputy General Counsel and any others who or the presiding officer. If you do not General Counsel for Hearings and have advised the Office of the Secretary have an NRC-issued digital ID certificate Administration, Office of the General that they wish to participate in the as described above, click ‘‘cancel’’ when Counsel, U.S. Nuclear Regulatory proceeding, so that the filer need not the link requests certificates and you Commission, Washington, DC 20555– serve the document on those will be automatically directed to the 0001. The expedited delivery or courier participants separately. Therefore, NRC’s electronic hearing dockets where mail address for both offices is: U.S. applicants and other participants (or you will be able to access any publicly Nuclear Regulatory Commission, 11555 their counsel or representative) must available documents in a particular Rockville Pike, Rockville, Maryland apply for and receive a digital ID hearing docket. Participants are 20852. The email address for the Office certificate before adjudicatory requested not to include personal of the Secretary and the Office of the documents are filed so that they can privacy information, such as social General Counsel are Hearing.Docket@ obtain access to the documents via the security numbers, home addresses, or nrc.gov and E-Filing system. personal phone numbers in their filings, [email protected], VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15731 respectively.1 The request must include disclosure of SUNSI by each individual independent of the proceeding. Such a the following information: who will be granted access to SUNSI. challenge must be filed within 5 days of (1) A description of the licensing F. Filing of Contentions. Any the notification by the NRC staff of its action with a citation to this Federal contentions in these proceedings that grant of access and must be filed with: Register notice; are based upon the information received (a) The presiding officer designated in (2) The name and address of the as a result of the request made for this proceeding; (b) if no presiding potential party and a description of the SUNSI must be filed by the requestor no officer has been appointed, the Chief potential party’s particularized interest later than 25 days after receipt of (or Administrative Judge, or if he or she is that could be harmed by the action access to) that information. However, if unavailable, another administrative identified in C.(1); and more than 25 days remain between the judge, or an Administrative Law Judge (3) The identity of the individual or petitioner’s receipt of (or access to) the with jurisdiction pursuant to 10 CFR entity requesting access to SUNSI and information and the deadline for filing 2.318(a); or (c) if another officer has the requestor’s basis for the need for the all other contentions (as established in been designated to rule on information information in order to meaningfully the notice of hearing or opportunity for access issues, with that officer. participate in this adjudicatory hearing), the petitioner may file its proceeding. In particular, the request SUNSI contentions by that later If challenges to the NRC staff must explain why publicly available deadline. determinations are filed, these versions of the information requested G. Review of Denials of Access. procedures give way to the normal would not be sufficient to provide the (1) If the request for access to SUNSI process for litigating disputes basis and specificity for a proffered is denied by the NRC staff after a concerning access to information. The contention. determination on standing and requisite availability of interlocutory review by D. Based on an evaluation of the need, the NRC staff shall immediately the Commission of orders ruling on information submitted under paragraph notify the requestor in writing, briefly such NRC staff determinations (whether C.(3) the NRC staff will determine stating the reason or reasons for the granting or denying access) is governed within 10 days of receipt of the request denial. by 10 CFR 2.311.3 whether: (2) The requestor may challenge the I. The Commission expects that the (1) There is a reasonable basis to NRC staff’s adverse determination by NRC staff and presiding officers (and believe the petitioner is likely to filing a challenge within 5 days of any other reviewing officers) will establish standing to participate in this receipt of that determination with: (a) consider and resolve requests for access NRC proceeding; and The presiding officer designated in this to SUNSI, and motions for protective (2) The requestor has established a proceeding; (b) if no presiding officer orders, in a timely fashion in order to legitimate need for access to SUNSI. has been appointed, the Chief minimize any unnecessary delays in E. If the NRC staff determines that the Administrative Judge, or if he or she is identifying those petitioners who have requestor satisfies both D.(1) and D.(2) unavailable, another administrative above, the NRC staff will notify the judge, or an Administrative Law Judge standing and who have propounded requestor in writing that access to with jurisdiction pursuant to 10 CFR contentions meeting the specificity and SUNSI has been granted. The written 2.318(a); or (c) if another officer has basis requirements in 10 CFR part 2. notification will contain instructions on been designated to rule on information The attachment to this Order how the requestor may obtain copies of access issues, with that officer. summarizes the general target schedule the requested documents, and any other (3) Further appeals of decisions under for processing and resolving requests conditions that may apply to access to this paragraph must be made pursuant under these procedures. those documents. These conditions may to 10 CFR 2.311. It is so ordered. include, but are not limited to, the H. Review of Grants of Access. A Dated: March 18, 2021. signing of a Non-Disclosure Agreement party other than the requestor may or Affidavit, or Protective Order 2 setting challenge an NRC staff determination For the Nuclear Regulatory Commission. forth terms and conditions to prevent granting access to SUNSI whose release Annette L. Vietti-Cook, the unauthorized or inadvertent would harm that party’s interest Secretary of the Commission. ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING Day Event/activity 0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in- structions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu- lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 1 While a request for hearing or petition to be filed with the presiding officer or the Chief staff determinations (because they must be served intervene in this proceeding must comply with the Administrative Judge if the presiding officer has not on a presiding officer or the Commission, as filing requirements of the NRC’s ‘‘E-Filing Rule,’’ yet been designated, within 30 days of the deadline applicable), but not to the initial SUNSI request the initial request to access SUNSI under these for the receipt of the written access request. submitted to the NRC staff under these procedures. procedures should be submitted as described in this 3 Requestors should note that the filing paragraph. requirements of the NRC’s E-Filing Rule (72 FR 2 Any motion for Protective Order or draft Non- 49139; August 28, 2007, as amended at 77 FR Disclosure Affidavit or Agreement for SUNSI must 46562; August 3, 2012) apply to appeals of NRC VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15732 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued Day Event/activity 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in- forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in- formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc- essing (preparation of redactions or review of redacted documents). 25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec- tive order. A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission. [FR Doc. 2021–06033 Filed 3–23–21; 8:45 am] 2021.3 The Commission received no proceedings to determine whether to BILLING CODE 7590–01–P comments on the proposed rule change. disapprove, the proposed rule change Section 19(b)(2) of the Act 4 provides (File No. SR–NYSE–2021–05). that within 45 days of the publication of For the Commission, by the Division of notice of the filing of a proposed rule Trading and Markets, pursuant to delegated SECURITIES AND EXCHANGE change, or within such longer period up authority.6 COMMISSION to 90 days as the Commission may Eduardo A. Aleman, designate if it finds such longer period Deputy Secretary. [Release No. 34–91357; File No. SR–NYSE– to be appropriate and publishes its [FR Doc. 2021–06004 Filed 3–23–21; 8:45 am] 2021–05] reasons for so finding, or as to which the BILLING CODE 8011–01–P self-regulatory organization consents, Self-Regulatory Organizations; New the Commission shall either approve the York Stock Exchange LLC; Notice of proposed rule change, disapprove the SECURITIES AND EXCHANGE Designation of a Longer Period for proposed rule change, or institute COMMISSION proceedings to determine whether the Commission Action on a Proposed [Release No. 34–91358; File No. SR– Rule Change To Amend the proposed rule change should be NYSEAMER–2021–04] Exchange’s Co-Location Services and disapproved. The 45th day after publication of the notice for this Fee Schedule To Add Two Partial Self-Regulatory Organizations; NYSE proposed rule change is March 22, 2021. Cabinet Solution Bundles American LLC; Notice of Designation The Commission is extending this 45- of a Longer Period for Commission March 18, 2021. day time period. Action on a Proposed Rule Change To The Commission finds it appropriate Amend the Exchange’s Co-Location On January 19, 2021, New York Stock to designate a longer period within Services and Fee Schedule To Add Exchange LLC (‘‘NYSE’’ or ‘‘Exchange’’) which to take action on the proposed Two Partial Cabinet Solution Bundles filed with the Securities and Exchange rule change so that it has sufficient time Commission (‘‘Commission’’), pursuant to consider the proposed rule change March 18, 2021. to Section 19(b)(1) of the Securities and the comments received. On January 19, 2021, NYSE American Exchange Act of 1934 (‘‘Act’’) 1 and Rule Accordingly, the Commission, pursuant LLC (‘‘NYSE American’’ or ‘‘Exchange’’) 19b–4 thereunder,2 a proposed rule to Section 19(b)(2) of the Act,5 filed with the Securities and Exchange change to amend the Exchange’s co- designates May 6, 2021, as the date by Commission (‘‘Commission’’), pursuant location rules to add two partial cabinet which the Commission shall either to Section 19(b)(1) of the Securities solution bundles. The proposed rule approve or disapprove, or institute Exchange Act of 1934 (‘‘Act’’) 1 and Rule change was published for comment in 19b–4 thereunder,2 a proposed rule the Federal Register on February 5, 3 See Securities Exchange Act Release No. 91034 change to amend the Exchange’s co- (February 1, 2021), 86 FR 8443 (SR–NYSE–2021– 05). 6 17 CFR 200.30–3(a)(31). 1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 5 Id. 2 17 CFR 240.19b–4. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15733 location rules to add two partial cabinet SECURITIES AND EXCHANGE rule change (File No. SR–NYSEAMER– solution bundles. The proposed rule COMMISSION 2021–05). change was published for comment in [Release No. 34–91355; File No. SR– For the Commission, by the Division of the Federal Register on February 5, NYSEAMER–2021–05] Trading and Markets, pursuant to delegated 2021.3 The Commission received no authority.6 comments on the proposed rule change. Self-Regulatory Organizations; NYSE Eduardo A. Aleman, Section 19(b)(2) of the Act 4 provides American LLC; Notice of Designation Deputy Secretary. that within 45 days of the publication of of a Longer Period for Commission [FR Doc. 2021–05997 Filed 3–23–21; 8:45 am] notice of the filing of a proposed rule Action on Proposed Rule Change To BILLING CODE 8011–01–P change, or within such longer period up Amend Rule 970NY and Rule 970.1NY To Eliminate the Use of Dark Series on to 90 days as the Commission may the Exchange designate if it finds such longer period SECURITIES AND EXCHANGE COMMISSION to be appropriate and publishes its March 18, 2021. reasons for so finding, or as to which the On January 26, 2021, NYSE American [SEC File No. 270–472, OMB Control No. self-regulatory organization consents, LLC (‘‘Exchange’’) filed with the 3235–0531] the Commission shall either approve the Securities and Exchange Commission Submission for OMB Review; proposed rule change, disapprove the (‘‘Commission’’) pursuant to Section Comment Request proposed rule change, or institute 19(b)(1) of the Securities Exchange Act proceedings to determine whether the of 1934 (‘‘Act’’) 1 and Rule 19b–4 Upon Written Request, Copies Available proposed rule change should be thereunder,2 a proposed rule change to From: Securities and Exchange disapproved. The 45th day after eliminate the exclusion of inactive or Commission, Office of FOIA Services, publication of the notice for this ‘‘dark’’ series from the requirements of 100 F Street NE, Washington, DC proposed rule change is March 22, 2021. Rule 970NY (Firm Quotes). In addition, 20549–2736 The Commission is extending this 45- the Exchange proposes to delete Rule Extension: day time period. 970.1NY (Quote Mitigation) in its Rule 0–1 entirety. The proposed rule change was The Commission finds it appropriate published for comment in the Federal Notice is hereby given that, pursuant to designate a longer period within Register on February 8, 2021.3 The to the Paperwork Reduction Act of 1995 which to take action on the proposed Commission has received no comment (44 U.S.C. 350l et. seq.), the Securities rule change so that it has sufficient time letters on the proposed rule change. and Exchange Commission to consider the proposed rule change Section 19(b)(2) of the Act 4 provides (‘‘Commission’’) has submitted to the and the comments received. that within 45 days of the publication of Office of Management and Budget a Accordingly, the Commission, pursuant notice of filing of a proposed rule request for extension of the previous to Section 19(b)(2) of the Act,5 change, or within such longer period up approved collection of information designates May 6, 2021, as the date by to 90 days as the Commission may discussed below. The Investment Company Act of 1940 which the Commission shall either designate if it finds such longer period (the ‘‘Act’’) 1 establishes a approve or disapprove, or institute to be appropriate and publishes its comprehensive framework for regulating proceedings to determine whether to reasons for so finding or as to which the self-regulatory organization consents, the organization and operation of disapprove, the proposed rule change investment companies (‘‘funds’’). A (File No. SR–NYSEAMER–2021–04). the Commission shall either approve the proposed rule change, disapprove the principal objective of the Act is to For the Commission, by the Division of proposed rule change, or institute protect fund investors by addressing the Trading and Markets, pursuant to delegated conflicts of interest that exist between 6 proceedings to determine whether the authority. proposed rule change should be funds and their investment advisers and Eduardo A. Aleman, disapproved. The 45th day after other affiliated persons. The Act places Deputy Secretary. publication of the notice for this significant responsibility on the fund board of directors in overseeing the [FR Doc. 2021–05999 Filed 3–23–21; 8:45 am] proposed rule change is March 25, 2021. operations of the fund and policing the BILLING CODE 8011–01–P The Commission is extending the 45- 2 day time period for Commission action relevant conflicts of interest. In one of its first releases, the on the proposed rule change. The Commission exercised its rulemaking Commission finds that it is appropriate authority pursuant to sections 38(a) and to designate a longer period to take 40(b) of the Act by adopting rule 0–1 (17 action on the proposed rule change so CFR 270.0–1).3 Rule 0–1, as that it has sufficient time to consider the subsequently amended on numerous proposed rule change. Accordingly, occasions, provides definitions for the pursuant to Section 19(b)(2) of the Act,5 terms used by the Commission in the the Commission designates May 9, 2021 rules and regulations it has adopted as the date by which the Commission pursuant to the Act. The rule also should either approve or disapprove, or contains a number of rules of institute proceedings to determine whether to disapprove, the proposed 6 17 CFR 200.30–3(a)(31). 1 3 15 U.S.C. 80a. See Securities Exchange Act Release No. 91035 1 15 U.S.C. 78s(b)(1). 2 (February 1, 2021), 86 FR 8449 (SR–NYSEAMER– For example, fund directors must approve 2 17 CFR 240.19b–4. investment advisory and distribution contracts. See 2021–04). 3 See Securities Exchange Act Release No. 91039 15 U.S.C. 80a–15(a), (b), and (c). 4 15 U.S.C. 78s(b)(2). (February 2, 2021), 86 FR 8659. 3 Investment Company Act Release No. 4 (Oct. 29, 5 Id. 4 15 U.S.C. 78s(b)(2). 1940) (5 FR 4316 (Oct. 31, 1940)). Note that rule 0– 6 17 CFR 200.30–3(a)(31). 5 15 U.S.C. 78s(b)(2). 1 was originally adopted as rule N–1. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15734 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices construction for terms that are defined obtained an undertaking from the average hourly wage rate of $71 per either in the Act itself or elsewhere in counsel to provide them with the hour.10 the Commission’s rules and regulations. information necessary to make their These burden hour estimates are Finally, rule 0–1 defines terms that determination and to update promptly based upon the Commission staff’s serve as conditions to the availability of that information when the person begins experience and discussions with the certain of the Commission’s exemptive to represent a management organization fund industry. The estimates of average rules. More specifically, the term or control person, or when he or she burden hours are made solely for the ‘‘independent legal counsel,’’ as defined materially increases his or her purposes of the Paperwork Reduction in rule 0–1, sets out conditions that representation. Generally, the Act. These estimates are not derived funds must meet in order to rely on any independent directors must re-evaluate from a comprehensive or even a of ten exemptive rules (‘‘exemptive their determination no less frequently representative survey or study of the rules’’) under the Act.4 than annually. costs of Commission rules. The Commission amended rule 0–1 to Any fund that relies on one of the Compliance with the collection of include the definition of the term exemptive rules must comply with the information requirements of the rule is ‘‘independent legal counsel’’ in 2001.5 requirements in the definition of mandatory and is necessary to comply This amendment was designed to ‘‘independent legal counsel’’ under rule with the requirements of the rule in enhance the effectiveness of fund boards 0–1. We assume that approximately general. An agency may not conduct or of directors and to better enable 3035 funds rely on at least one of the sponsor, and a person is not required to investors to assess the independence of exemptive rules annually.7 We further respond to, a collection of information those directors. The Commission also assume that the independent directors unless it displays a currently valid amended the exemptive rules to require of approximately one-third (1,010) of control number. that any person who serves as legal those funds would need to make the The public may view background counsel to the independent directors of required determination in order for their documentation for this information any fund that relies on any of the counsel to meet the definition of collection at the following website: exemptive rules must be an independent legal counsel.8 We >www.reginfo.gov<. Find this particular ‘‘independent legal counsel.’’ This estimate that each of these 1,010 funds information collection by selecting requirement was added because would be required to spend, on average, ‘‘Currently under 30-day Review—Open independent directors can better 0.75 hours annually to comply with the for Public Comments’’ or by using the perform the responsibilities assigned to recordkeeping requirement associated search function. Written comments and them under the Act and the rules if they with this determination, for a total recommendations for the proposed have the assistance of truly independent annual burden of approximately 758 information collection should be sent legal counsel. hours. Based on this estimate, the total within 30 days of publication of this If the board’s counsel has represented annual cost for all funds’ compliance notice to (i) >www.reginfo.gov/public/ the fund’s investment adviser, principal with this rule is approximately do/PRAMain< and (ii) David Bottom, underwriter, administrator (collectively, $175,523. To calculate this total annual Director/Chief Information Officer, ‘‘management organizations’’) or their cost, the Commission staff assumed that Securities and Exchange Commission, 6 ‘‘control persons’’ during the past two approximately two-thirds of the total c/o Cynthia Roscoe, 100 F Street NE, years, rule 0–1 requires that the board’s Washington, DC 20549, or by sending an annual hour burden (505 hours) would _ independent directors make a be incurred by a compliance manager email to: PRA [email protected]. determination about the adequacy of the with an average hourly wage rate of Eduardo A. Aleman, counsel’s independence. A majority of $312 per hour,9 and one-third of the the board’s independent directors are Deputy Secretary. annual hour burden (253 hours) would [FR Doc. 2021–06013 Filed 3–23–21; 8:45 am] required to reasonably determine, in the be incurred by compliance clerk with an exercise of their judgment, that the BILLING CODE 8011–01–P counsel’s prior or current representation 7 Based on statistics compiled by Commission of the management organizations or staff, we estimate that there are approximately 3,373 SECURITIES AND EXCHANGE their control persons was sufficiently funds that could rely on one or more of the COMMISSION limited to conclude that it is unlikely to exemptive rules (this figure reflects the three-year adversely affect the counsel’s average of open-end and closed-end funds (3,269) [Release No. 34–91359; File No. SR–NYSE– and business development companies (104)). Of professional judgment and legal those funds, we assume that approximately 90 2020–96] representation. Rule 0–1 also requires percent (3,035) actually rely on at least one that a record for the basis of this exemptive rules annually. Self-Regulatory Organizations; New determination is made in the minutes of 8 We assume that the independent directors of the York Stock Exchange LLC; Order the directors’ meeting. In addition, the remaining two-thirds of those funds will choose not Instituting Proceedings To Determine to have counsel, or will rely on counsel who has Whether To Approve or Disapprove a independent directors must have not recently represented the fund’s management organizations or control persons. In both Proposed Rule Change To Amend Its 4 The relevant exemptive rules are: Rule 10f–3 (17 circumstances, it would not be necessary for the Rules Establishing Maximum Fee CFR 270.10f–3), rule 12b–1 (17 CFR 270.12b–1), fund’s independent directors to make a Rates To Be Charged by Member rule 15a–4(b)(2) (17 CFR 270.15a–4(b)(2)), rule 17a– determination about their counsel’s independence. Organizations for Forwarding Proxy 7 (17 CFR 270.17a–7), rule 17a–8 (17 CFR 270.17a– 9 The estimated hourly wages used in this PRA 8), rule 17d–1(d)(7) (17 CFR 270.17d–1(d)(7)), rule analysis were derived from the Securities Industry and Other Materials to Beneficial 17e–1(c) (17 CFR 270.17e–1(c)), rule 17g–1 (17 CFR and Financial Markets Association Reports on Owners 270.17g–1), rule 18f–3 (17 CFR 270.18f–3), and rule Management and Professional Earnings in the 23c–3 (17 CFR 270.23c–3). Securities Industry (2013) (modified to account for March 18, 2021. 5 See Role of Independent Directors of Investment an 1800-hour work year and multiplied by 5.35 to Companies, Investment Company Act Release No. account for bonuses, firm size, employee benefits I. Introduction 24816 (Jan. 2, 2001) (66 FR 3735 (Jan. 16, 2001)). and overhead) (adjusted for inflation), and Office On December 2, 2020, New York 6 A ‘‘control person’’ is any person—other than a Salaries in the Securities Industry (2013) (modified fund—directly or indirectly controlling, controlled to account for an 1800-hour work year and Stock Exchange LLC (‘‘NYSE’’ or by, or under common control, with any of the multiplied by 2.93 to account for bonuses, firm size, fund’s management organizations. See 17 CFR employee benefits and overhead) (adjusted for 10 (505 × $312/hour) + (253 × $71/hour) = 270.01(a)(6)(iv)(B). inflation). $175,523. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15735 ‘‘Exchange’’) filed with the Securities For this service, issuers reimburse NYSE The Exchange proposes to amend and Exchange Commission (‘‘SEC’’ or member organizations for out-of-pocket, Supplementary Materials .90–.96 to ‘‘Commission’’), pursuant to Section reasonable clerical, postage and other NYSE Rule 451 by deleting the 19(b)(1) of the Securities Exchange Act expenses incurred for a particular provisions setting maximum of 1934 (‘‘Act’’) 1 and Rule 19b–4 distribution.8 This reimbursement reimbursement rates and replacing them thereunder,2 a proposed rule change to structure stems from SEC Rules 14b–1 with rule text stating that member delete the maximum fee rates for and 14b–2 under the Act,9 which organizations must comply with any forwarding proxy and other materials to impose obligations on companies and schedule of approved charges set forth beneficial owners set forth in NYSE nominees to ensure that beneficial in the rules of any other national Rules 451 and 465 and Section 402.10 owners receive proxy materials. These securities exchange or association of of the NYSE Listed Company Manual rules require companies to send their which such member organization is a (‘‘Manual’’), and establish in their place proxy materials to broker-dealers or member.14 The Exchange also proposes a requirement for member organizations banks, as nominees that hold securities to delete the cross-references to NYSE to comply with any schedule of in street name, for forwarding to Rule 451.90–96 in Supplementary approved charges set forth in the rules beneficial owners, and to pay nominees Material .20 to NYSE Rule 465 and of any other national securities for reasonable expenses, both direct and replace it with rule text that is identical exchange or association of which such indirect, incurred in providing proxy to the proposed new language in member organization is a member. The 10 information to beneficial owners. The Supplementary Material .90 to NYSE proposed rule change was published for Commission’s rules do not specify the Rule 451.15 The Exchange states that the comment in the Federal Register on fees that nominees can charge issuers December 21, 2020.3 On February 1, proposed rule change is not intended to for proxy distribution; rather, they state take a position on the appropriateness of 2021, pursuant to Section 19(b)(2) of the that issuers must reimburse the Act,4 the Commission designated a the fee schedules for proxy and other nominees for ‘‘reasonable expenses’’ distributions currently set forth in NYSE longer period within which to either incurred.11 approve the proposed rule change, Rules 451 and 465 or in the rules of any Currently, the Supplementary 16 disapprove the proposed rule change, or other SRO. Material to NYSE Rule 451, which is institute proceedings to determine According to the Exchange, since all cross-referenced by the Supplementary whether to disapprove the proposed NYSE member organizations that are Material to Rule 465 and Section 402.10 rule change.5 This order institutes subject to the fee schedule set forth in of the Manual, establish the maximum proceedings under Section 19(b)(2)(B) of NYSE Rule 451 (and cross referenced by the Act 6 to determine whether to rates at which an NYSE member organization may be reimbursed for NYSE Rule 465) are also FINRA member approve or disapprove the proposed firms, the proposal would effectively rule change. expenses incurred in connection with distributing proxy and other issuer require member organizations to comply II. Description of the Proposal communication materials to beneficial with the fee schedule set forth in FINRA Rule 2251.17 The Exchange NYSE Rules 451 and 465, and the holders. FINRA Rule 2251 also sets forth acknowledges that it has historically related provisions in Section 402.10 of a schedule of maximum rates that is taken the lead in establishing the the Manual, require NYSE member substantively identical to the rate 12 maximum proxy distribution organizations that hold securities for schedule specified in NYSE Rule 451. reimbursement rates, but states that it beneficial owners in street name to The rules of other self-regulatory solicit proxies from, and deliver proxy organizations (‘‘SROs’’) generally no longer believes the Exchange is best provide that member organizations must positioned to retain this role going and issuer communication materials to, 18 beneficial owners on behalf of issuers.7 forward proxy and other issuer forward. The Exchange states that all communication materials if they receive of the brokers who hold shares on behalf 1 15 U.S.C. 78s(b)(1). ‘‘reasonable’’ reimbursement, but they of customers in street name are FINRA 2 17 CFR 240.19b–4. do not specify any schedule of members, while only a subset of them 3 See Securities Exchange Act Release No. 90677 maximum permitted charges.13 are members of the NYSE.19 The (December 15, 2020), 85 FR 83119 (‘‘Notice’’). Exchange also notes that a large and Comments received on the proposed rule change are available at: https://www.sec.gov/comments/sr- name are registered in the name of the nominee, or increasing number of the affected nyse-2020-96/srnyse202096.htm. in the nominee name of a depository, such as the issuers are listed on Nasdaq, CBOE or 4 15 U.S.C. 78s(b)(2). Depository Trust Company. Id. other non-NYSE Group exchanges or are 8 5 See Securities Exchange Act Release No. 91025, See NYSE Rules 451 and 465, and Section traded solely over the counter.20 The 402.10 of the Manual; 2013 Approval Order, supra 86 FR 8246 (February 4, 2021). The Commission Exchange further states that the designated March 21, 2021, as the date by which note 7, 78 FR at 63531. it should approve, disapprove, or institute 9 17 CFR 240.14b–1; 17 CFR 240.14b–2. development of the mutual fund proceedings to determine whether to disapprove the 10 See 17 CFR 240.14b–1 and 14b–2; see also 2013 industry has led to the existence of a proposed rule change. Approval Order, supra note 7, 78 FR at 63531. 6 11 See 17 CFR 240.14b–1 and 14b–2; see also 2013 15 U.S.C. 78s(b)(2)(B). 14 See proposed Supplementary Material .90 to 7 Approval Order, supra note 7, 78 FR at 63531. See NYSE Rules 451 and 465, and Section NYSE Rule 451. The Exchange also proposes to 12 402.10 of the Manual; Notice, supra note 3, 85 FR See Notice, supra note 3, 85 FR at 83120. The delete Section 402.10 of the Manual, which at 83119. The ownership of shares in street name Exchange states that FINRA Rule 2251 differs from replicates the fee schedule set forth in means that a shareholder, or ‘‘beneficial owner,’’ NYSE Rule 451 in one respect. See id., 85 FR at Supplementary Material .90–.96 to NYSE Rule 451. 83119, n.8. Specifically, FINRA has not adopted the has purchased shares through a broker-dealer or 15 See proposed Supplementary Material .20 to Notice and Access fees for investment company bank, also known as a ‘‘nominee.’’ See Securities NYSE Rule 465. Exchange Act Release No. 70720 (October 18, 2013), shareholder report distributions set forth in Section 16 See Notice, supra note 3, 85 FR at 83120. As 78 FR 63530, 63531 n.14 (October 24, 2013) (SR– 5 (Notice and Access Fees) of Supplementary noted above, FINRA and NYSE American LLC NYSE–2013–07) (Order Granting Approval to Material .90 to NYSE Rule 451 as part of FINRA presently are the only SROs besides NYSE with Proposed Rule Change Amending NYSE Rules 451 Rule 2251. Id. rules that set forth a fee schedule. and 465, and the Related Provisions of Section 13 See Notice, supra note 3, 85 FR at 83119. But 17 402.10 of the NYSE Listed Company Manual) see NYSE American LLC Rule 576.80 (setting forth See id. (‘‘2013 Approval Order’’). In contrast to direct a schedule of approved charges by member 18 See id., 85 FR at 83119. ownership, where shares are directly registered in organizations in connection with proxy 19 See id., 85 FR at 83120. the name of the shareholder, shares held in street solicitations). 20 See id., 85 FR at 83120. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15736 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices huge number of issuers who are not industry dialogue on proxy reform and disapproving the NYSE proposal, the listed on any exchange.21 the fee-setting process, given its Commission organize a public dialogue representation of both issuers and on the appropriate regulation of III. Summary of Comment Letters brokers,’’ and so the commenter reimbursement of broker-dealer Received ‘‘continue[s] to believe that its expenses for forwarding issuer Several commenters support the leadership will be critical to any documents.’’ 34 proposal.22 One commenter believes the transition to new arrangements for Commission should approve the proxy communications and associated IV. Proceedings To Determine Whether proposed rule change ‘‘[g]iven the fees.’’ 27 Another commenter stated that To Approve or Disapprove SR–NYSE– technical nature of the change and ‘‘[i]nstead of approving a rule proposal 2020–96 and Grounds for Disapproval NYSE’s lack of interest in reforming, or that transfers regulatory oversight of Under Consideration even examining, the current fee proxy fees from one Self-Regulatory The Commission is instituting system.’’ 23 This commenter, however, Organization to another,’’ the proceedings pursuant to Section believes it is imperative for the Commission should reform the proxy 19(b)(2)(B) of the Act to determine Commission to take this opportunity to processing system by ‘‘replacing the whether the proposal should be reform the current system relating to current regulatory framework with one approved or disapproved.35 Institution processing fees for shareholder in which market forces determine fees of such proceedings is appropriate at materials, including by facilitating for proxy distribution and other this time in view of the legal and policy competition in the distribution of services.’’ 28 This commenter added issues raised by the proposed rule shareholder materials through greater that, ‘‘[u]nlike the stock exchanges, change, as discussed below. Institution issuer participation in the selection FINRA has no regulatory relationship of disapproval proceedings does not process or, barring that, by reforming with public companies, or other issuers indicate that the Commission has the processing fee schedule.24 A number of securities, and certainly cannot reached any conclusions with respect to of commenters from the fund industry represent their interests or provide a any of the issues involved. agree with the views expressed by this mechanism for a balanced oversight Pursuant to Section 19(b)(2)(B) of the commenter.25 process.’’ 29 Similarly, a third Act, the Commission is providing notice Several other commenters oppose the commenter endorsed the ‘‘market- of the grounds for disapproval under proposal. One commenter expressed the driven solution’’ advocated by other consideration. The Commission is view that ‘‘the most appropriate commenters, and ‘‘does not support the instituting proceedings to allow for approach is to retain NYSE in the role proposal to transfer responsibility for additional analysis and input and accelerate discussions about the maximum fee-setting process to concerning the proposed rule change’s fundamental reform of the proxy FINRA, whose membership represents consistency with the Act and, in communication process, abolishing the the broker side of the industry but not particular, with Section 6(b)(5) of the need for reimbursement fees and the issuer side.’’ 30 Act,36 which requires, among other facilitating issuer-directed Finally, FINRA opposes the proposal things, that the rules of a national communications.’’ 26 This commenter on the grounds that it ‘‘is premature and securities exchange be designed to explained that ‘‘NYSE has played a incorrectly predicated on FINRA prevent fraudulent and manipulative longstanding, central role in the assuming primary responsibility for a acts and practices, to promote just and regulatory regime that it has never led, equitable principles of trade, to remove 21 See id., 85 FR at 8319–20. and which FINRA is not best equipped impediments to and perfect the 22 See letters from Dorothy M. Donohue, Deputy to lead.’’ 31 FINRA notes that mechanism of a free and open market General Counsel, Securities Regulation, and Joanne ‘‘historically the NYSE has taken the and a national market system, and, in Kane, Senior Director, Operations and Transfer lead on proxy distribution fee Agency, Investment Company Institute, dated general, to protect investors and the January 8, 2021, at 2 (‘‘ICI Letter’’); Timothy W. schedules,’’ and that FINRA has public interest; and are not designed to McHale, Senior Vice President & Senior Counsel, ‘‘amend[ed] its proxy distribution rule permit unfair discrimination between Capital Research and Management Company, and fee schedule to conform with [NYSE’s] customers, issuers, brokers, or dealers.37 Anthony M. Seiffert, Chief Compliance Officer, in the interest of ensuring regulatory As acknowledged by both the American Funds Service Company, Capital Group, 32 dated January 11, 2021; Catherine L. Newell, clarity and harmonization.’’ FINRA Exchange and commenters, the NYSE General Counsel and Executive Vice President, adds that ‘‘[i]n light of the NYSE’s historically has taken the lead in Dimensional Fund Advisors LP, dated January 11, historical experience with these rules establishing and updating the maximum 2021; Peter J. Germain, Chief Legal Officer, derived in part from its listing Federated Hermes, Inc., dated January 11, 2021; rates of reimbursement for ‘‘reasonable Basil K. Fox, Jr., President, Franklin Templeton relationship with many issuers, which expenses’’ that broker-dealers may seek Investor Services, LLC, dated January 11, 2021; FINRA lacks,’’ FINRA would ‘‘give from issuers in connection with the Heidi Hardin, Executive Vice President and General strong consideration to rescinding its fee distribution of proxy and other Counsel, MFS Investment Management, dated schedule’’ if the Commission were to materials to beneficial owners.38 The January 11, 2021; Thomas E. Faust Jr., Chairman approve NYSE’s proposal.33 FINRA and Chief Executive Officer, Eaton Vance Corp., dated January 14, 2021; and Noah Hamman, Chief suggests that, ‘‘prior to approving or 34 See id. at 6. FINRA also formally petitions the Executive Officer, AdvisorShares Investments, LLC, Commission to consider amending Rule 14b–1 to dated January 14, 2021. 27 See id. prescribe the fees charged for these expenses if the 23 See ICI Letter at 2. 28 See letter from Niels Holch, Executive Director, Commission determines that prescription of 24 Id. at 2–4. This commenter also urged the Shareholder Communications Coalition, dated specific broker-dealer reimbursement fees is Commission to emphasize that the existing fee January 20, 2021, at 4. appropriate. See id. schedules represent the maximum rates for 29 See id. at 5. 35 15 U.S.C. 78s(b)(2)(B). ‘‘reasonable’’ processing fees, rather than an 30 See letter from Todd J. May, President, 36 15 U.S.C. 78f(b)(5). obligation to pay those exact fees. Several Securities Transfer Association, Inc., dated March 37 Id. commenters from the fund industry agreed with the 1, 2021, at 2. 38 Since 1937, NYSE has required issuers, as a views expressed in the ICI Letter. 31 See letter from Marcia Asquith, Executive Vice matter of policy, to reimburse its members for out 25 See supra note 22. President, Board & External Relations, FINRA, of pocket costs for forwarding materials. See 26 See letter from Paul Conn, President, Global dated January 11, 2021, at 6. Concept Release on the U.S. Proxy System, Capital Markets, Computershare, dated January 11, 32 See id. at 4. Securities Exchange Act Release No. 62495 (July 14, 2021, at 4. 33 See id. at 5–6. 2010), 75 FR 42982, 42995 (July 22, 2010) (‘‘Proxy VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15737 NYSE has periodically engaged in a important constituency, FINRA is in a submissions of their views, data, and formal process to review and update better position than NYSE to assume the arguments with respect to the issues these maximum reimbursement rates, leadership role in this area. Further, identified above, as well as any other with the goal of ensuring that they are NYSE has not explained the significance concerns they may have with the related to the reasonable proxy expenses of the fact that only a subset of impacted proposal. In particular, the Commission of member firms,39 and accordingly has broker-dealers are NYSE members, invites the written view of interested gained considerable expertise in this given that NYSE would appear well- persons concerning whether the area.40 Further, because NYSE is a positioned to consider the views of this proposal is consistent with Section primary listing market, it has constituency, or why the fact that all 6(b)(5) or any other provision of the Act, relationships with issuers as well as such broker-dealers are FINRA members or the rules and regulations thereunder. broker-dealers, and thus is well- puts FINRA in a materially better Although there do not appear to be any positioned to take into account the position to assume the leadership role issues relevant to approval or views of both major stakeholder in this area. Similarly, NYSE has not disapproval that would be facilitated by groups.41 explained the significance of the fact an oral presentation of views, data, and NYSE is proposing to remove the that only a subset of impacted issuers arguments, the Commission will provisions setting maximum are listed on NYSE, given that NYSE consider, pursuant to Rule 19b–4, any reimbursement rates from its rules, and would appear well-positioned to request for an opportunity to make an replace them with a requirement that an consider the views of this constituency oral presentation.46 NYSE member firm comply with any and, as discussed above, FINRA would Interested persons are invited to schedule of approved charges set forth not. As a result, the Commission submit written data, views, and in the rules of any other SRO of which believes there are questions as to arguments regarding whether the it is a member. This effectively would whether NYSE’s proposal is consistent proposal should be approved or make the maximum reimbursement with Section 6(b)(5) of the Act and, in disapproved by April 14, 2021. Any rates set forth in FINRA rules the particular, its requirements that the person who wishes to file a rebuttal to industry reference, and establish FINRA rules of the Exchange be designed to any other person’s submission must file as the lead SRO in this area. promote just and equitable principles of that rebuttal by April 28, 2021. In its proposal, NYSE expresses the trade and, in general, to protect Comments may be submitted by any view that FINRA is in a better position investors and the public interest, and of the following methods: to take the lead in setting maximum not be designed to permit unfair Electronic Comments reimbursement rates for the distribution discrimination between customers, • of proxy and other issuer materials to Use the Commission’s internet issuers, brokers, or dealers. comment form (http://www.sec.gov/ beneficial owners because (1) all broker- The Commission notes that, under the dealers that hold shares in street name rules/sro.shtml); or Commission’s Rules of Practice, the • Send an email to rule-comments@ for customers are FINRA members, ‘‘burden to demonstrate that a proposed while only a subset of them are NYSE sec.gov. Please include File Number SR– rule change is consistent with the NYSE–2020–96 on the subject line. members, and (2) a large number of Exchange Act and the rules and affected issuers are not listed on the regulations issued thereunder . . . is on Paper Comments NYSE. Unlike NYSE, however, FINRA the self-regulatory organization [‘SRO’] • Send paper comments in triplicate does not have a relationship with that proposed the rule change.’’ 42 The to Secretary, Securities and Exchange issuers, who ultimately pay the description of a proposed rule change, Commission, 100 F Street NE, reimbursement rates set forth in these its purpose and operation, its effect, and Washington, DC 20549–1090. rules. NYSE does not explain why, in a legal analysis of its consistency with All submissions should refer to File the absence of a relationship with this applicable requirements must all be Number SR–NYSE–2020–96. This file sufficiently detailed and specific to number should be included on the Concept Release’’). NYSE’s reimbursement rates support an affirmative Commission subject line if email is used. To help the were formally established by rule in 1952, and have 43 been revised periodically since then. See id. finding, and any failure of an SRO to Commission process and review your 39 Today’s maximum rates set forth in NYSE provide this information may result in comments more efficiently, please use Rules 451 and 465 are the product of several multi- the Commission not having a sufficient only one method. The Commission will year efforts lead by NYSE. The current fee structure basis to make an affirmative finding that post all comments on the Commission’s was first established by NYSE as part of a pilot a proposed rule change is consistent program in 1997 that was permanently approved by internet website (http://www.sec.gov/ the Commission in 2002 and this basic fee with the Act and the applicable rules rules/sro.shtml). Copies of the 44 structure, with some updates, remains in place and regulations. submission, all subsequent today on the NYSE. The most recent NYSE review For these reasons, the Commission amendments, all written statements of the fees involved the establishment of NYSE’s believes it is appropriate to institute Proxy Fee Advisory Committee (‘‘PFAC’’) in 2010, with respect to the proposed rule which provided a report and recommendations to proceedings pursuant to Section change that are filed with the 45 NYSE. NYSE proposed to adopt the PFAC fee 19(b)(2)(B) of the Act to determine Commission, and all written recommendations and the Commission approved whether the proposal should be communications relating to the these changes in 2013. See 2013 Approval Order, approved or disapproved. supra note 7. proposed rule change between the 40 See 2013 Approval Order, supra note 7. The V. Commission’s Solicitation of rules of national securities exchanges and FINRA Comments 46 Section 19(b)(2) of the Act, as amended by the follow the NYSE fee schedule as reasonable rates Securities Act Amendments of 1975, Public Law of reimbursement for distribution of proxy and The Commission requests that 94–29 (June 4, 1975), grants the Commission other material to beneficial owners. See Securities interested persons provide written flexibility to determine what type of proceeding— Exchange Act Release No. 71272 (January 9, 2014), either oral or notice and opportunity for written 79 FR 2741 (January 15, 2014) (SR–FINRA–2013– comments—is appropriate for consideration of a 42 056) (Notice of Filing and Immediate Effectiveness Rule 700(b)(3), Commission Rules of Practice, particular proposal by a self-regulatory of a Proposed Rule Change to Amend FINRA Rule 17 CFR 201.700(b)(3). organization. See Securities Act Amendments of 2251). 43 See id. 1975, Senate Comm. on Banking, Housing & Urban 41 See Proxy Concept Release, supra note 38, 75 44 See id. Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 FR at 42995. 45 15 U.S.C. 78s(b)(2)(B). (1975). VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15738 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices Commission and any person, other than Commission is publishing this notice to Expiration Activity Periods and may be those that may be withheld from the solicit comments on the proposed rule applicable on any Business Day, as public in accordance with the change from interested persons. needed. The proposal would also provisions of 5 U.S.C. 552, will be implement an alternative pro rata I. Clearing Agency’s Statement of the available for website viewing and calculation of Members’ SLD obligations Terms of Substance of the Proposed printing in the Commission’s Public that may apply in certain circumstances. Rule Change Reference Room, 100 F Street NE, Finally, in connection with these Washington, DC 20549, on official The proposed rule change consists of proposed changes, NSCC would business days between the hours of modifications to Rule 4(A) simplify and improve the description of 10:00 a.m. and 3:00 p.m. Copies of such (Supplemental Liquidity Deposits) of the calculation, collection and treatment filing also will be available for the NSCC’s Rules & Procedures of SLD in Rule 4(A). These proposed inspection and copying at the principal (‘‘Rules’’) to (1) calculate and collect, rule changes are described in greater office of the Exchange. All comments when applicable, supplemental detail below. received will be posted without change. liquidity deposits to NSCC’s Clearing Fund (‘‘Supplemental Liquidity (i) Overview of the NSCC Liquidity Risk Persons submitting comments are Management cautioned that we do not redact or edit Deposits,’’ or ‘‘SLD’’) on a daily basis personal identifying information from rather than only in advance of the NSCC, along with its affiliates, The comment submissions. You should monthly expiration of stock options Depository Trust Company and Fixed submit only information that you wish (defined in Rule 4(A) as ‘‘Options Income Clearing Corporation, maintains to make available publicly. All Expiration Activity Period’’); (2) a Clearing Agency Liquidity Risk submissions should refer to File establish an intraday SLD obligation Management Framework (‘‘Framework’’) Number SR–NYSE–2020–96 and should that would apply in advance of Options that sets forth the manner in which be submitted on or before April 14, Expiration Activity Periods and may NSCC measures, monitors and manages also be applied on other days, as the liquidity risks that arise in or are 2021. Rebuttal comments should be 5 submitted by April 28, 2021. needed; (3) implement an alternative borne by it. As a central counterparty, pro rata calculation of Members’ SLD NSCC’s liquidity needs are driven by For the Commission, by the Division of obligations that may apply in certain the requirement to complete end-of-day Trading and Markets, pursuant to delegated money settlement, on an ongoing basis, authority.47 circumstances; and (4) simplify and in the event NSCC ceases to act for a Eduardo A. Aleman, improve the transparency of the description of the calculation, collection Member (hereinafter referred to as a Deputy Secretary. 6 and treatment of SLD in Rule 4(A) of the ‘‘default’’). If a Member defaults, NSCC [FR Doc. 2021–06000 Filed 3–23–21; 8:45 am] Rules, as described in greater detail needs to complete settlement of BILLING CODE 8011–01–P below.4 guaranteed transactions on the defaulted Member’s behalf from the date of default II. Clearing Agency’s Statement of the through the remainder of the settlement SECURITIES AND EXCHANGE Purpose of, and Statutory Basis for, the cycle. As such, and as provided for in COMMISSION Proposed Rule Change the Framework, NSCC measures the [Release No. 34–91350; File No. SR–NSCC– In its filing with the Commission, the sufficiency of its qualifying liquid 2021–002] clearing agency included statements resources through daily liquidity studies concerning the purpose of and basis for across a range of scenarios, including Self-Regulatory Organizations; the proposed rule change and discussed amounts NSCC would need in the event National Securities Clearing any comments it received on the the Member or Member family with the Corporation; Notice of Filing of proposed rule change. The text of these largest aggregate liquidity exposure Proposed Rule Change To Amend the statements may be examined at the defaults.7 Supplemental Liquidity Deposit places specified in Item IV below. The As described in the Framework, NSCC Requirements clearing agency has prepared seeks to maintain qualifying liquid summaries, set forth in sections A, B, resources in an amount sufficient to March 18, 2021. cover this risk. These resources Pursuant to Section 19(b)(1) of the and C below, of the most significant aspects of such statements. currently include (1) cash deposits to Securities Exchange Act of 1934 the NSCC Clearing Fund; 8 (2) the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 (A) Clearing Agency’s Statement of the proceeds of the issuance and private notice is hereby given that on March 5, Purpose of, and Statutory Basis for, the 2021, National Securities Clearing Proposed Rule Change 5 See Securities Exchange Act Release No. 82377 Corporation (‘‘NSCC’’) filed with the (December 21, 2017), 82 FR 61617 (December 28, Securities and Exchange Commission 1. Purpose 2017) (File Nos. SR–DTC–2017–004; SR–FICC– (‘‘Commission’’) the proposed rule NSCC is proposing to enhance its 2017–008; SR–NSCC–2017–005). 6 The Rules identify when NSCC may cease to act change as described in Items I, II and III management of the liquidity risks that for a Member and the types of actions NSCC may below, which Items have been prepared arise in or are borne by it by calculating take. For example, NSCC may suspend a firm’s by the clearing agency.3 The and collecting, when applicable, SLD on membership with NSCC or prohibit or limit a Member’s access to NSCC’s services in the event each Business Day rather than only in that Member defaults on a financial or other 47 17 CFR 200.30–3(a)(57). advance of Options Expiration Activity obligation to NSCC. See Rule 46 (Restrictions on 1 15 U.S.C. 78s(b)(1). Periods. The proposed changes would Access to Services) of the Rules, supra note 4. 2 17 CFR 240.19b–4. establish an intraday SLD obligation 7 ‘‘Qualifying liquid resources’’ are defined in 3 NSCC filed this proposed rule change as an that would apply in advance of Options Rule 17Ad–22(a)(14) under the Act. 17 CFR advance notice (File No. SR–NSCC–2021–801) with 240.17Ad–22(a)(14). The Framework also includes the Commission pursuant to Section 806(e)(1) of a definition of qualifying liquid resources that Title VIII of the Dodd-Frank Wall Street Reform and advance notice is available at http://www.dtcc.com/ incorporates by reference Rule 17Ad–22(a)(14). See Consumer Protection Act entitled the Payment, legal/sec-rule-filings.aspx. supra note 5. Clearing, and Settlement Supervision Act of 2010, 4 Capitalized terms not defined herein are defined 8 See Rule 4 (Clearing Fund) and Procedure XV 12 U.S.C. 5465(e)(1), and Rule 19b–4(n)(1)(i) under in the Rules, available at http://dtcc.com/∼/media/ (Clearing Fund Formula and Other Matters) of the the Act, 17 CFR 240.19b–4(n)(1)(i). A copy of the Files/Downloads/legal/rules/nscc_rules.pdf. Rules, supra note 4. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15739 placement of (a) short-term, unsecured the short-term notes issued under the Need’’); and (2) the 30 (or fewer) notes in the form of commercial paper Commercial Paper Program weakens, unaffiliated Members or Affiliated and extendable notes (‘‘Commercial there is limited investor demand for Families (defined in Rule 4(A) as Paper Program’’),9 and (b) term debt term debt issued pursuant to a Term ‘‘Special Activity Liquidity Providers’’) (‘‘Term Debt Issuance’’); 10 (3) cash that Debt Issuance, or NSCC is unable to that presented the largest liquidity would be obtained by drawing on renew its Line of Credit at the targeted exposures to NSCC (defined in Rule NSCC’s committed 364-day credit amount. 4(A) as ‘‘Special Activity Peak Liquidity facility with a consortium of banks NSCC is also proposing to establish an Exposures’’).16 To determine the SLD 11 (‘‘Line of Credit’’); and (4) intraday SLD obligation that would obligations of each Special Activity Supplemental Liquidity Deposits, apply on the first Business Day of the Liquidity Provider, the calculated collected pursuant to Rule 4(A), which Options Expiration Activity Period to Special Activity Peak Liquidity Need of are currently designed to cover the allow NSCC to continue to mitigate the NSCC is allocated to these Special heightened liquidity exposure arising additional liquidity exposures presented around Options Expiration Activity by options activity. The proposal would Activity Liquidity Providers in Periods, required from those Members also permit NSCC to calculate and proportion to the Special Activity Peak whose activity would pose the largest collect an intraday SLD on any Business Liquidity Exposures they presented to liquidity exposure to NSCC.12 Day when, for example, NSCC believes NSCC during the Special Activity NSCC’s liquidity risk management has that it is necessary to collect an Lookback Period. Special Activity evolved in order to adhere to regulatory additional SLD from a Member whose Liquidity Providers are required to fund requirements that were adopted after activity presents relatively greater risks their SLD obligations by the close of Rule 4(A) was implemented.13 As part to the NSCC on an overnight basis. business on the second day prior to the of its efforts to maintain compliance NSCC is also proposing to implement applicable Options Expiration Activity with these requirements, NSCC has an alternative calculation of Members’ Period.17 SLD may be returned to continued to strengthen its liquidity risk SLD requirements that would be their Special Activity Liquidity Providers management strategy, including through pro rata allocation of the largest SLD seven Business Days after the end of the growing and diversifying its qualifying obligation calculated for that Business applicable Options Expiration Activity liquid resources. In connection with Day. This proposed change would Period.18 these ongoing efforts, NSCC is provide NSCC with the discretion, in On any Business Day between proposing to calculate and collect, when certain circumstances, to allocate its calculation dates, if NSCC observes an applicable, SLD every Business Day largest liquidity need on a Business Day increase in its liquidity needs that rather than only in connection with among those Members that are required Options Expiration Activity Periods. to pay SLD on that day rather than exceeds a predetermined threshold This proposed change would improve collect separate SLD from those amount, it may call for an additional NSCC’s ability to measure and monitor Members, as described in greater detail deposit from the Member whose its daily liquidity exposures and allow below. increase in activity levels caused (or it to collect additional qualifying liquid In connection with these proposed was the primary cause of) such resources from Members whose activity changes, NSCC would also simplify the increased liquidity need (defined in poses the largest liquidity exposure to description of the calculation of SLD in Rule 4(A) as ‘‘Special Activity Liquidity NSCC in connection with their daily Rule 4(A) in order to improve the Call’’).19 NSCC may hold deposits made settlement activity, and not only during transparency of this Rule, as described pursuant to a Special Activity Liquidity Options Expiration Activity Periods. By in greater detail below. Call for up to 90 days after the deposit measuring SLD against Members’ actual is made.20 Members are also permitted (ii) Current Rule 4(A) and Supplemental daily settlement activity and NSCC’s to submit a cash deposit to the Clearing Liquidity Deposits available qualifying liquid resources, Fund as a ‘‘Special Activity Prefund the proposal would also help mitigate Under the current Rule 4(A), NSCC Deposit’’ no later than the first Business risks to NSCC that it is unable to secure collects SLD from the unaffiliated Day of an Options Expiration Activity adequate default liquidity from other Members and families of affiliated Period.21 NSCC understands that a sources in an amount necessary to meet Members (each defined as an ‘‘Affiliated Member would generally make a Special its liquidity needs. For example, the Family’’) that incur the largest gross Activity Prefund Deposit when it proposal would help mitigate the risks settlement debits over the settlement anticipates that its Special Activity Peak that could arise if investor demand for cycle during times of increased trading Liquidity Exposure during that period activity that arise around Options may be greater than the amount 9 14 See Securities Exchange Act Release Nos. 75730 Expiration Activity Periods. calculated by NSCC pursuant to Rule (August 19, 2015), 80 FR 51638 (August 25, 2015) Under the current Rule 4(A), NSCC 4(A) based on activity in the Special (File No. SR–NSCC–2015–802); 82676 (February 9, performs calculations on a monthly 2018), 83 FR 6912 (February 15, 2018) (File No. SR– Activity Lookback Period.22 NSCC–2017–807). basis, no later than the fifth day prior to 10 an Options Expiration Activity Period, See Securities Exchange Act Release No. 88146 16 (February 7, 2020), 85 FR 8046 (February 12, 2020) using activity observed over a 24-month See Section 3 of Rule 4(A) (Supplemental (File No. SR–NSCC–2019–802). Liquidity Deposits) of the Rules, id. lookback period (defined in the current 17 See Section 4 of Rule 4(A) (Supplemental 11 See Securities Exchange Act Release No. 80605 Rule 4(A) as the ‘‘Special Activity (May 5, 2017), 82 FR 21850 (May 10, 2017) (File Liquidity Deposits) of the Rules, id. 15 Nos. SR–DTC–2017–802; SR–NSCC–2017–802). Lookback Period’’). These calculations 18 See Section 9 of Rule 4(A) (Supplemental 12 See Rule 4(A) (Supplemental Liquidity determine (1) NSCC’s largest liquidity Liquidity Deposits) of the Rules, id. Deposits) of the Rules, supra note 4. See also need that exceeded its liquidity 19 See Section 7 of Rule 4(A) (Supplemental Securities Exchange Act Release Nos. 70999 resources (defined in Rule 4(A) as Liquidity Deposits) of the Rules, id. (December 5, 2013), 78 FR 75413 (December 11, 20 See Section 10 of Rule 4(A) (Supplemental 2013) (File No. SR–NSCC–2013–02); 71000 ‘‘Special Activity Peak Liquidity Liquidity Deposits) of the Rules, id. (December 5, 2013), 78 FR 75400 (December 11, 21 See definition of ‘‘Special Activity Prefund 2013) (File No. SR–NSCC–2013–802). 14 See Section 2 of Rule 4(A) (Supplemental Deposit’’ in Section 2 of Rule 4(A) (Supplemental 13 See 17 CFR 240.17Ad–22(e)(7). See also supra Liquidity Deposits) of the Rules, supra note 4. Liquidity Deposits) of the Rules, id. note 5. 15 See id. 22 See id. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15740 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices The current Rule 4(A) also addresses changes, the structure of Rule 4(A) and resources available to NSCC on that day, how SLD are treated generally.23 the fundamental mechanics of the SLD assuming stressed market conditions Specifically, while SLD are part of a requirements would be unchanged. (described below) (defined in the Member’s actual deposit to the Clearing proposed Rule 4(A) as ‘‘Qualifying Proposed Daily Calculation of Fund, they are made in addition to a Liquid Resources’’). The result of that Member’s Required Fund Deposit and Supplemental Liquidity Deposits calculation would be a Supplemental any other deposit of any such Member Supplemental Liquidity Providers. Liquidity Provider’s SLD requirement to the Clearing Fund.24 Rule 4(A) also Under the proposed Rule 4(A), each (defined in the proposed Rule 4(A) as a provides that SLD may be invested and Business Day NSCC would determine ‘‘Supplemental Liquidity Obligation’’) may be used to satisfy a loss or liability the 30 (or fewer) Members (each such for that day. If the Daily Liquidity Need as provided for in Sections 3 or 13 of Member a ‘‘Supplemental Liquidity of a Supplemental Liquidity Provider Rule 4, and addresses NSCC’s obligation Provider’’) that had the ‘‘Peak Liquidity does not exceed NSCC’s Qualifying to provide Members with certain Need,’’ which would be defined as the Liquid Resources on that day, then it information that would help them largest Daily Liquidity Need that NSCC would not have a Supplemental anticipate their potential SLD would have for that Member or Liquidity Obligation. requirements.25 Affiliated Family in a ‘‘Lookback Because this calculation would be 26 done at the start of each Business Day (iii) Amended Rule 4(A) and Proposed Period.’’ For purposes of this calculation, Daily Liquidity Need would (as discussed further below), it would be Daily Calculation of Supplemental based on the Qualifying Liquid Liquidity Deposits be defined as the amount of liquid resources needed to effect the settlement Resources, including Required Fund In order to better address the liquidity of NSCC’s payment obligations as a Deposits to the Clearing Fund, available risks presented by Members’ daily central counterparty over a three day to NSCC as of the end of the prior activity, NSCC is proposing to amend settlement cycle, assuming the default Business Day. Additionally, in order to Rule 4(A) to calculate and collect, when of that Member on that day. anticipate market conditions that could applicable, SLD every Business Day As described above, Supplemental cause Qualifying Liquid Resources to be rather than only in connection with the Liquidity Providers are currently unavailable on that day, NSCC would monthly expiration of stock options. identified by reviewing Members’ apply stress scenarios in determining its While the monthly expiration of stock Special Activity Peak Liquidity total Qualifying Liquid Resources for options does present larger liquidity Exposures over the Lookback Period. purposes of Rule 4(A). Currently, NSCC exposures to NSCC, NSCC may also face Under the proposed approach, NSCC applies stress scenarios in determining large liquidity exposures from Members’ would base this determination on the Special Activity Daily Liquidity daily activity, particularly during Members’ Peak Liquidity Need, which Need and, in practice, they are currently volatile market conditions. By allowing would continue to identify those applied to the Other Qualifying Liquid NSCC to calculate and collect SLD Members whose activity posed the Resources in this calculation under the 27 daily, NSCC would be able to identify largest liquidity risks to NSCC during current Rule 4(A). The proposed these exposures based on Members’ the Lookback Period. The proposed change would allow NSCC to continue daily activity rather than estimate its approach would no longer require a to assume stressed markets in its SLD upcoming liquidity exposures based on calculation using NSCC’s available calculations, which protects it against 28 activity observed over a lookback liquid resources on each day in the unexpected market events. The period. The proposal would help NSCC Lookback Period but would use a proposed changes to Rule 4(A) would mitigate its liquidity risks through the simpler approach by looking only at make it clearer how these stress daily collection of SLD from those liquidity need. The proposed approach scenarios are applied. Members’ whose daily activity would, Under this proposed calculation, to use a simpler calculation would in the event of the Member’s default, NSCC would no longer need to estimate reduce the risk of error and would create a potential liquidity need that is the potential liquidity need a Member’s clarify the description of how NSCC in excess of NSCC’s available qualifying activity could pose to NSCC based on would identify Supplemental Liquidity liquid resources. The proposal would activity that settled in the Lookback Providers in the proposed Rule 4(A), also permit NSCC to return SLD to Period. Instead, the Supplemental making it more predictable to Members. Members on the Business Day following Liquidity Obligation of a Member would Supplemental Liquidity Obligation. the day those deposits are collected and be calculated based on the actual After NSCC determines the would remove the current requirement liquidity exposure that its daily activity Supplemental Liquidity Providers, that SLD be held for up to 90 days. would pose to NSCC on that particular In order to implement this proposed NSCC would then determine if any of day in the event of that Member’s change to the timing of the SLD, NSCC the Supplemental Liquidity Providers default. The proposed change provides would make a number of changes to would be required to pay an SLD on that both NSCC and Members with a more Rule 4(A), described below. The Business Day. The proposed Rule 4(A) proposed changes to Rule 4(A) would would use a simplified calculation by 27 Current Rule 4(A) uses the defined term ‘‘Other implement a daily calculation and determining if the Daily Liquidity Need Qualifying Liquid Resources’’ to refer to NSCC’s collection of SLD, simplify and clarify for each Supplemental Liquidity qualifying liquid resources other than the Clearing Provider on that Business Day exceeds Fund and the Line of Credit. See Section 2 of Rule the calculations done in connection 4(A) (Supplemental Liquidity Deposits) of the with the SLD requirements, and the sum of NSCC’s qualifying liquid Rules, id. enhance the disclosures of the SLD 28 NSCC would apply the same stress scenarios requirements. Despite these proposed 26 The ‘‘Lookback Period’’ would continue to be that it currently applies, which include the market defined as 24 months, or a longer period as shocks of 1987, and removing the largest determined by NSCC in its discretion. NSCC may commitment to the Line of Credit, excess deposits 23 See Section 13 of Rule 4(A) (Supplemental adjust the Lookback Period if, for example, unusual to the Clearing Fund on deposit and proceeds from Liquidity Deposits) of the Rules, id. activity observed in the Lookback Period is not an issued commercial paper that is maturing within 24 See Section 13(b) of Rule 4(A) (Supplemental appropriate indicator of future settlement activity five Business Days from NSCC’s Qualifying Liquid Liquidity Deposits) of the Rules, id. and causes a Member to be a Supplemental Resource. Any changes to these stress scenarios 25 See Section 13(c) and Section 14 of Rule 4(A) Liquidity Provider. See Section 2 (Defined Terms) would be announced by an Important Notice posted (Supplemental Liquidity Deposits) of the Rules, id. of Rule 4(A), id. to NSCC’s website. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15741 reliable measure of the liquidity risks provide NSCC with the option of calculation dates. The proposed posed to NSCC by its Members’ daily collecting enough funds to meet its Intraday Supplemental Liquidity Calls settlement activity in calculating SLD regulatory requirements in would serve a similar function, allowing requirements. circumstances when the aggregate NSCC to calculate and collect additional Each Supplemental Liquidity Supplemental Liquidity Obligations on SLD on an intraday basis if a Provider that has a Supplemental a particular day would significantly Supplemental Liquidity Provider’s Liquidity Obligation on a Business Day exceed that amount. Therefore, NSCC increased activity levels or projected would receive a notice from NSCC of has structured this provision to be settlement activity causes NSCC’s Daily the amount of its Supplemental available only if two or more Liquidity Need to exceed NSCC’s Liquidity Obligation and would be Supplemental Liquidity Providers owe Qualifying Liquid Resources. This required to make a deposit in that SLD of more than $2 billion. NSCC has proposed provision would assist NSCC amount to the Clearing Fund within one never had two more Supplemental in mitigating increased liquidity hour of such notice. The proposed Liquidity Providers owe more than $2 exposures in specified circumstances. timing of funding a Supplemental billion in SLD on a calculation date First, proposed Rule 4(A) would Liquidity Obligation would mirror the since Rule 4(A) was adopted. Therefore, establish a monthly Intraday current requirement that is applied to NSCC believes this alternative Supplemental Liquidity Call that is Members’ Required Fund Deposits, calculation would only be available in calculated and collected, when which is also calculated and collected very limited circumstances. applicable, on the first Business Day of daily, and must be funded within one Furthermore, NSCC believes the an Options Expiration Activity Period, hour of demand.29 Specifically, NSCC threshold of $2 billion is appropriate as which is typically a Friday.32 This expects to deliver notification of it would only permit this alternative Intraday Supplemental Liquidity Call Supplemental Liquidity Obligations to calculation in circumstances when it would be calculated as the difference Supplemental Liquidity Providers by would have a material impact on the between (1) NSCC’s Daily Liquidity around 8:30 a.m. ET each Business Day, allocation of Supplemental Liquidity Need, recalculated to account for both with deposits required by no later than Obligations among the Supplemental actual settlement activity submitted to 9:30 a.m. ET. Liquidity Providers. NSCC over the course of Business Day Proposed Pro Rata Calculation of In such circumstances, when multiple and projected activity in stock options Supplemental Liquidity Obligations. As Members have relatively large that is expected to be submitted to an alternative to the calculation of Supplemental Liquidity Obligations of NSCC 33 and (2) NSCC’s Qualifying Supplemental Liquidity Obligations more than $2 billion, NSCC would have Liquid Resources. Settlement activity described above, proposed Rule 4(A) the option to determine if it is may net with (and offset) the activity would also state that, in the event two appropriate to collect the largest SLD that NSCC uses in re-calculating the or more Supplemental Liquidity calculated for that Business Day, Daily Liquidity Need. In order to Providers have a Supplemental divided pro rata among the account for any potential offsetting Liquidity Obligation of more than $2 Supplemental Liquidity Providers rather settling activity, NSCC would adjust the billion on a Business Day, calculated than collect the each of the re-calculated Daily Liquidity Need using pursuant to the calculation described Supplemental Liquidity Obligations of an estimated netting percentage that is above, NSCC may determine the those firms. NSCC may determine, for based on each Supplemental Liquidity Supplemental Liquidity Obligation of example, that, in certain market Provider’s average percentage of netting all Supplemental Liquidity Providers on conditions, this approach would be observed over the prior 24 months. that day would be their pro rata share appropriate to alleviate liquidity Under this proposed provision, NSCC of the largest Supplemental Liquidity pressures on Supplemental Liquidity would adjust the amount of SLD it Obligation calculated on that Business Providers. This alternative calculation collects in order to mitigate the Day.30 would allow NSCC to collect sufficient increased liquidity exposures related to This proposed alternative calculation qualifying liquid resources to meet its the monthly expiration of stock options. of the Supplemental Liquidity regulatory obligations with respect to Second, proposed Rule 4(A) would Obligations would provide NSCC with liquidity risk management without allow NSCC to call for additional SLD the option of collecting only the largest requiring all of the Supplemental on an intraday basis on any Business SLD calculated on a Business Day, Liquidity Providers to fund the total Day if a Supplemental Liquidity allocated among each of the amount of their calculated Provider’s increased activity levels Supplemental Liquidity Providers. The Supplemental Liquidity Obligation on causes NSCC’s Daily Liquidity Need to 31 purpose of this proposed provision is to that Business Day. exceed NSCC’s Qualifying Liquid Intraday Supplemental Liquidity Resources and NSCC determines, in its 29 See Section II(B) of Procedure XV (Clearing Calls. The proposed Rule 4(A) would sole discretion, that it is appropriate to Fund Formula and Other Matters) of the Rules, also establish Intraday Supplemental require an additional intraday SLD from supra note 4. Liquidity Calls that would replace the 30 As an example, the Supplemental Liquidity current Special Activity Liquidity Calls. 32 The proposed Rule 4(A) will retain the existing Obligations for three Supplemental Liquidity The existing Special Activity Liquidity definition of an Options Expiration Activity Period Providers on a Business Day are—Member A: $6 for purposes of this monthly Intraday Supplemental billion, Member B: $2 billion and Member C: $1 Calls are designed to address increases Liquidity Call. billion. If NSCC determines, in its sole discretion, in NSCC’s liquidity need between 33 Each Business Day, NSCC receives information to calculate their Supplemental Liquidity regarding projected settlement activity from The Obligations on a pro-rata basis, then their 31 Rule 17Ad–22(e)(7)(i) under the Act requires, Options Clearing Corporation pursuant to a Stock Supplemental Liquidity Obligations would be— in part, that NSCC maintain sufficient liquid and Futures Settlement Agreement (‘‘OCC Member A: $4 billion (or 6⁄9 of the largest resources at the minimum to effect same-day Accord’’). The OCC Accord provides for the Supplemental Liquidity Obligation of $6 billion), settlement of payment obligations with a high clearance and settlement of exercises and Member B: $1.3 billion (or 2⁄9 of the $6 billion) and degree of confidence under a wide range of assignments of options on eligible securities or the Member C: $700 million (or 1⁄9 of the $6 billion). foreseeable stress scenarios, including the default of maturity of eligible stock futures contracts through The notice provided to each Supplemental the participant family that would generate the NSCC. See Securities Exchange Act Release No. Liquidity Provider on that Business Day would largest aggregate payment obligation for the covered 81260 (July 31, 2017), 82 FR 36484 (August 4, 2017) inform those Members that this pro-rata calculation clearing agency in extreme but plausible market (File Nos. SR–NSCC–2017–803; SR–OCC–2017– was applied. conditions. 17 CFR 240.17Ad–22(e)(7)(i). 804). VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15742 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices that Supplemental Liquidity Provider in its activities of the recent past.34 Current Proposed Changes to Rule 4(A) order to mitigate those additional Section 13a of Rule 4(A) addresses how The proposal described above would liquidity exposures. Under this SLD are treated pursuant to other Rules, be implemented into the Rules by proposed change, NSCC would have the particularly Rule 4, which addresses amending the current Rule 4(A). The ability to make an Intraday Members’ deposits to the Clearing Fund. specific changes to implement the Supplemental Liquidity Call on any While this proposal would not change proposal are described below. Business Day. The amount of an NSCC’s rights with respect to these Section 1 (Overview). NSCC is Intraday Supplemental Liquidity Call funds, it would provide Members with proposing changes to Section 1 of Rule would be the difference between greater transparency into how SLD are 4(A) to simplify the descriptions by NSCC’s Daily Liquidity Need, treated under Rule 4. removing outdated and unnecessary recalculated for that Business Day NSCC would also amend the language. Section 1 of Rule 4(A) would taking into account any increase in provision in Rule 4(A) that addresses continue to provide the rationale for the settlement activity, and NSCC’s when SLD would be returned to a SLD requirement, by describing NSCC’s Qualifying Liquid Resources. This liquidity needs and how the SLD proposed provision would allow NSCC Member that ceases to be a participant. requirements are designed to contribute to adjust the amount of SLD it collects Currently, Rule 4(A) states that SLD are to meeting those needs. However, the for a Business Day in circumstances not subject to Section 7 of Rule 4 (which proposed changes would simplify this when NSCC believes it is necessary to addresses how Required Fund Deposits section by removing a statement that accelerate the collection of additional are returned to retired Members) and, as specifically identifies two of NSCC’s SLD from Supplemental Liquidity such, are returned to retired Members as 35 principal sources of liquidity and would Providers whose activity may present otherwise provided for in Rule 4(A). instead more generally refer to NSCC’s relatively greater risks to the NSCC on Under the proposed Rule 4(A), because sources of liquidity. The proposed an overnight basis. NSCC would NSCC would be able to calculate SLD changes to Section 1 of Rule 4(A) would determine if an Intraday Supplemental each Business Day, it would return SLD Liquidity Call is appropriate based on a on the Business Day following the also remove references to options variety of factors and circumstances, calculation date. However, while a firm expiration activity periods, which including, but not limited to, an may still have unsettled activity on the would no longer be applicable to the assessment of a Supplemental Liquidity day it retires, NSCC would not be able SLD requirement under this proposal. Provider’s ability to meet its projected to collect SLD on the days following a Section 2 (Defined Terms). NSCC is settlement or Supplemental Liquidity Member’s retirement. Therefore, NSCC proposing several changes to Section 2 Obligations and estimates of settlement is proposing to amend Rule 4(A) to of Rule 4(A) in order to implement this activity that could offset settlement require that SLD of a retired Member be proposal. As described below, the exposures and are not reflected in treated similarly to other cash Required proposed changes to the defined terms NSCC’s liquidity estimates. Fund Deposits to the Clearing Fund and address the change in timing of the SLD Returns of SLD and Miscellaneous be held by NSCC for 30 calendar days requirement to occur each Business Day Matters. Proposed Rule 4(A) would after any of its open transactions have and would improve the transparency of provide that NSCC would return SLD, settled and obligations have been Rule 4(A) through simplified and clearer including any SLD funded pursuant to satisfied. This proposed change would defined terms. an Intraday Supplemental Liquidity protect NSCC from liquidity risks First, Section 2 of proposed Rule 4(A) Call, on the next Business Day unless presented by open transactions in the would remove the definition of ‘‘Special such amounts are held longer by NSCC days following a firm’s retirement and Activity Calculation Date,’’ which is pursuant to proposed Section 12a of would align the treatment of these funds tied to the monthly Options Expiration Rule 4(A), as described below. Under with the treatment of Required Fund Activity Period, and instead would use the current Rule 4(A), NSCC may hold Deposits of retired Members. the term ‘‘Business Day’’ throughout proposed Rule 4(A), where appropriate. SLD for up to seven Business Days after The proposed Rule 4(A) would also the end of the applicable Options Business Day is currently defined in simplify the additional miscellaneous Rule 1 as any day on which NSCC is Expiration Activity Period and may provisions applicable to SLD, which hold SLD funded pursuant to a Special open for business. Therefore, this address, for example, NSCC’s right to proposed change would provide for the Activity Liquidity Call for up to 90 days debit Members’ accounts at NSCC if a after such deposit is made. Under the calculation of SLD requirements on each Supplemental Liquidity Provider fails to day that NSCC is open for business. proposed change, because NSCC would meet its Supplemental Liquidity recalculate the Supplemental Liquidity Second, Section 2 of the proposed Obligation, and the information NSCC Rule 4(A) revise other defined terms Obligations each Business Day, NSCC makes available to Supplemental would no longer need to hold SLD for that use the phrase ‘‘Special Activity’’ to Liquidity Providers each Business Day either remove that phrase or, when these extended periods. regarding SLD calculations. While the NSCC would amend proposed Section appropriate, to replace this phrase with proposed changes would update and 12a (currently Section 13a) of Rule 4(A) the term ‘‘Supplemental.’’ For example, simplify these provisions, they would to clarify that SLD, as part of Members’ NSCC would revise the defined term not significantly alter the structure of actual deposit to the Clearing Fund, ‘‘Special Activity Daily Liquidity Need’’ these provisions, as described below. would be subject to the provision of to ‘‘Daily Liquidity Need,’’ and would Section 9 of Rule 4. Section 9 of Rule revise the defined term ‘‘Special 4 addresses NSCC’s right to withhold all 34 For example, this may occur when an index Activity Liquidity Provider’’ to rebalancing occurs shortly after a month-end or any part of any excess deposit of a options expiration period, which could cause an ‘‘Supplemental Liquidity Provider.’’ The Member if such Member has been increase in NSCC’s liquidity exposures. phrase ‘‘Special Activity’’ was used in placed on the Watch List pursuant to 35 Section 7 of Rule 4 provides that Required the current Rule 4(A) to refer to the the Rules or if NSCC determines that the Fund Deposits to the Clearing Fund in the form of Options Expiration Activity Period, cash and securities are returned to retired Members Member’s anticipated activities in NSCC within 30 calendar days after all of its transactions which would only be applicable to the in the near future may reasonably be have settled and obligations have been satisfied. See monthly intraday SLD in the proposed expected to be materially different than supra note 4. Rule 4(A). VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15743 NSCC would also update the Liquidity Need, which would replace available to NSCC on that day. The definition of Daily Liquidity Need to Special Activity Peak Liquidity Need, proposed changes would also create a change a reference from a four-day would be moved out of Section 2 and subsection b. of Section 4 to describe settlement cycle to a three-day into Section 3, where that calculation the optional, alternative pro rata settlement cycle, to reflect the would be described as being used to calculation of Supplemental Liquidity amendment to Rule 15c6–1(a) under the identify Supplemental Liquidity Obligations, as described in greater Act to shorten the standard settlement Providers. detail above. cycle for most broker-dealer Finally, the proposed changes to Proposed changes to Sections 5 and 6 transactions.36 Additionally, NSCC Section 2 of Rule 4(A) would remove of Rule 4(A) would update the defined would move the defined term for defined terms that are no longer needed terms and the timing by when ‘‘Options Expiration Activity Period’’ when NSCC calculates SLD Supplemental Liquidity Providers must within Section 2 of the proposed Rule requirements daily. For example, NSCC fund their Supplemental Liquidity 4(A) so it continues to appear would remove defined terms that are Obligations to reflect the change of these alphabetically, but is not proposing to related to the Options Expiration obligations to daily. Proposed changes change the definition of this term. Activity Period, including ‘‘Special to Section 6 of Rule 4(A) would state Third, the proposed changes to Activity Business Day,’’ which is that the notice provided to Section 2 of Rule 4(A) would include currently defined as a Business Day Supplemental Liquidity Providers one defined term for ‘‘Qualifying Liquid included in an Options Expiration regarding their Supplemental Liquidity Resources’’ to refer to all default Activity Period. NSCC would also Obligations would state if that amount liquidity resources available to NSCC to remove the defined term for ‘‘Special was calculated pursuant to Section 4b as settle its payment obligations as a Activity Prefund Deposit’’ because it a pro rata share of the largest central counterparty. As discussed in would no longer be necessary for Supplemental Liquidity Obligation of greater detail above, the defined term Members to prefund their potential SLD that Business Day. would provide that NSCC may apply requirement in advance of NSCC’s Section 7 (Determination of Intraday stressed market assumptions to its calculations when they are done on a Supplemental Liquidity Calls) and Qualifying Liquid Resources when daily basis. Section 8 (Satisfaction of Intraday applying these resources in the Section 3 (Supplemental Liquidity Supplemental Liquidity Calls). NSCC calculations made under Rule 4(A). In Providers). NSCC is proposing to amend would amend Sections 7 and 8 of Rule connection with this proposed change, Section 3 to describe how NSCC would 4(A) to reflect the removal of the Special NSCC would remove the defined terms identify the Supplemental Liquidity Activity Liquidity Calls and the ‘‘Commitment’’ and ‘‘Credit Facility,’’ Providers for each Business Day. adoption of the two Intraday which were used in the current Rule Section 3 of the proposed Rule 4(A) Supplemental Liquidity Calls, as 4(A) to refer to NSCC’s Line of Credit, would state that, each Business Day, described in greater detail above. The and would remove ‘‘Other Qualifying NSCC would determine the Peak proposed changes to these sections Liquid Resources,’’ which was used to Liquidity Need of each Member during would also update defined terms, as refer to NSCC’s liquid resources other the Lookback Period, and would appropriate. than the Clearing Fund and the Line of identify the Supplemental Liquidity Returns of Supplemental Liquidity Credit. This proposed change would Providers for that Business Day as the Deposits—Section 9 (Deposits Made in simplify Rule 4(A) and would account 30 (or fewer) Members with the largest Satisfaction of a Supplemental Liquidity for NSCC’s continuing efforts to expand Peak Liquidity Need in that time period. Obligation) and Section 10 (Ceasing to and diversify its default liquidity These changes would implement the be a Participant). NSCC is proposing to resources. The proposed change would proposal described in greater detail consolidate the current Sections 9 and also clarify that Qualifying Liquid above to make this calculation daily and 10 of Rule 4(A) into a new Section 9 of Resources would not include SLD for to simplify the calculation used to Rule 4(A), which would address the purposes of the calculations in Rule identify Supplemental Liquidity return of SLD that are made in 4(A). Providers by using Peak Liquidity Need satisfaction of both Supplemental Fourth, the proposed changes would rather than using the largest exposures Liquidity Obligations and Intraday move certain calculations out of the of all providers in the Lookback Period. Supplemental Liquidity Calls. The defined terms in Section 2 and include Section 4 (Supplemental Liquidity proposed changes would provide that them in the relevant later sections of Obligations); Section 5 (Satisfaction of SLD made pursuant to either Rule 4(A). This proposed change would Supplemental Liquidity Obligations); Supplemental Liquidity Obligations and simplify and clarify Rule 4(A), which and Section 6 (Notice of Supplemental Intraday Supplemental Liquidity Calls currently requires a reader to refer back Liquidity Obligations and Payment of would be returned to Supplemental to the defined terms in Section 2 when Supplemental Liquidity Deposits). Liquidity Providers on the next reading the calculations and NSCC would amend Sections 4, 5 and Business Day after the calculation date, requirements set forth in later sections 6 of Rule 4(A) to describe the simplified unless otherwise notified by NSCC. of Rule 4(A). For example, Section 2 of calculation of Supplemental Liquidity NSCC would amend Section 10 Rule 4(A) currently includes the Obligations, and the process by which (currently Section 11) to align the calculation of ‘‘Special Activity Peak Supplemental Liquidity Providers treatment of SLD of a retired Member Liquidity Exposure’’ and ‘‘Special would pay their Supplemental Liquidity with the treatment of such firm’s Activity Peak Liquidity Need.’’ In the Obligations after being notified by Required Fund Deposits, as described in proposed Rule 4(A), NSCC would no NSCC. Proposed changes to Section 4 greater detail above. longer use the calculation of Special would implement the revised Miscellaneous Matters—Section 11 Activity Peak Liquidity Exposure in calculation of Supplemental Liquidity (Obligations of Affiliated Families and determining the Supplemental Liquidity Obligations, described in greater detail Supplemental Liquidity Providers), Providers or in calculating those above, as the difference between a Section 12 (Application of requirements. The calculation of Peak Supplemental Liquidity Provider’s Daily Supplemental Liquidity Deposits) and Liquidity Need for that Business Day Section 13 (Information). NSCC would 36 See 17 CFR 240.15c6–1. and the Qualifying Liquid Resources amend Sections 11, 12 and 13 (currently VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15744 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices Sections 12, 13 and 14) of Rule 4(A) to Supplemental Liquidity Obligations assure the safeguarding of securities and update and simplify these provisions. were received by NSCC per year, funds which are in its custody or The proposed amendments would not typically averaging $3.6 billion during control or for which it is responsible substantially amend the purpose or this same period, including 9 actual because the proposal would allow NSCC application of these sections. Supplemental Liquidity Obligations to better limit its liquidity exposure to Section 11 (currently Section 12) of received by NSCC in 2020. Members in the event of a Member Rule 4(A) provides that the Hypothetical Impact Study. NSCC default. Supplemental Liquidity Obligations of also developed several hypothetical Specifically, under the proposal, each Affiliated Families are the several liquidity scenarios to assess the Business Day NSCC would measure the obligations of all of the Members of the proposal’s impact. When hypothetical Supplemental Liquidity Obligation of Affiliated Family ratably in proportion Qualifying Liquid Resources available to each Supplemental Liquidity Provider to their applicable Special Activity Peak NSCC are between $17 billion and $22 as the difference between the Daily Liquidity Exposure. NSCC would not billion, NSCC would expect between 7 Liquidity Need of the Supplemental change this provision but would update and 36 Supplemental Liquidity Liquidity Provider calculated for that it to use revised defined terms. NSCC Obligations per year, ranging in size Business Day and the Qualifying Liquid would also amend Section 11 by between $2.1 billion to $4.6 billion Resources available to NSCC on that day consolidating two parallel paragraphs each; and (2) when the hypothetical assuming stressed market conditions. By into subsection b., which address Qualifying Liquid Resources available to making these calculations daily based NSCC’s right to collect SLD from NSCC are $22 billion or above, NSCC on Members’ current activity and Supplemental Liquidity Providers. This would expect between 1 and 5 NSCC’s resources currently available to proposed change would simplify the Supplemental Liquidity Obligations per NSCC, the proposed SLD requirement provision but would not make year, ranging in size between $2.1 would provide NSCC with a more substantive changes to NSCC’s rights or billion to $6.8 billion each. accurate measure of its potential Members’ obligations. NSCC has also provided the liquidity exposures to its Members in Section 12 (currently Section 13), Commission with details of potential the event of a Member default. The which addresses how SLD are treated impacts of the proposal on the largest 50 proposal would also establish a monthly under Rule 4, would be amended to Affiliated Families, a list of the 30 intraday SLD collection in connection update defined terms and to clarify that Affiliated Families with the largest with options expiration activity that SLD may be held by NSCC as part of liquidity exposures as of December 31, present heighted liquidity exposures, Members’ actual deposits to the Clearing 2020, and the respective Affiliated and an optional intraday SLD that NSCC Fund, pursuant to Section 9 of Rule 4. Families’ maximum and average NSCC may collect when it deems appropriate No substantive changes are proposed to liquidity needs for each calendar year to mitigate any increased liquidity this Section. between 2016 and 2020. exposures or in light of other Section 13 (currently Section 14) circumstances. These proposed intraday describes NSCC’s obligation to provide (v) Implementation Timeframe SLD would allow NSCC to re-calculate Members with certain information NSCC would implement the proposed its liquidity exposures and collect regarding its SLD calculation. NSCC is changes no later than 10 Business Days sufficient liquidity to allow it to proposing to amend this section to after the later of the approval of the complete end-of-day settlement in the include updated defined terms and to proposed rule change and no objection event of the default of a Member. reflect the daily calculation of SLD. 37 to the related advance notice by the Additionally, by providing an (iv) Impact Study Results Commission. NSCC would announce alternative pro rata calculation of the effective date of the proposed NSCC has provided the Commission Supplemental Liquidity Obligations in changes by Important Notice posted to certain circumstances, the proposal with the results of an impact study that its website. reviewed the proposal against the would provide NSCC with the flexibility observed regulatory liquidity needs and 2. Statutory Basis to determine the total amount collected on a Business Day, while continuing to NSCC’s Qualifying Liquid Resources NSCC believes the proposed changes collect and hold sufficient liquidity to available during the period from 2016 are consistent with the requirements of allow NSCC to complete end-of-day through 2020 to assess both pro-forma the Act and the rules and regulations settlement in the event of the default of and hypothetical impacts of the thereunder applicable to a registered the Member with the largest payment proposal under various liquidity clearing agency. In particular, NSCC obligations. In this way, the proposed scenarios. believes the proposed changes are change to calculate and collect, when Pro-Forma Impact Study. The pro- consistent with Section 17A(b)(3)(F) of applicable, SLD on a daily basis based forma impact study compared NSCC’s the Act,38 and Rules 17Ad–22(e)(7)(i) on current information, and on an regulatory liquidity needs against the and (ii), each promulgated under the intraday basis when NSCC observes an Qualifying Liquid Resources that were Act,39 for the reasons described below. increase in its Daily Liquidity Need, available between 2016 and 2020. The Section 17A(b)(3)(F) of the Act would help NSCC assure the pro-forma analysis indicated that NSCC requires that the rules of NSCC be safeguarding of securities and funds would expect between 1 and 3 designed to, among other things, assure which are in its custody or control or for Supplemental Liquidity Obligations per the safeguarding of securities and funds which it is responsible, consistent with year, ranging in size between $1.0 which are in the custody or control of the requirements of Section 17A(b)(3)(F) billion to $5.4 billion in 2016 through the clearing agency or for which it is of the Act.41 2019. In calendar year 2020, the impact responsible.40 NSCC believes the The proposed changes to simplify and study shows that available Qualifying proposed rule change is designed to Liquid Resources for each date would clarify Rule 4(A), which describes the have eliminated potential Supplement 37 Supra note 3. SLD requirement, would also be Liquidity Obligations. 38 15 U.S.C. 78q–1(b)(3)(F). consistent with the requirements of Additionally, this impact study 39 17 CFR 240.17Ad–22(e)(7)(i) and (ii). showed between 4 and 27 actual 40 15 U.S.C. 78q–1(b)(3)(F). 41 Id. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15745 Section 17A(b)(3)(F) of the Act.42 These SLD on an intraday basis, including on Obligation on a more frequent basis, the proposed changes would make the the first Business Day of the Options impact study results, discussed above, rights and obligations of both NSCC and Expiration Activity Period, when show that the proposal would not have its Members under Rule 4(A) more liquidity exposures are historically a significant impact on the frequency or transparent and easier to understand. A higher. These resources would be amount of those requirements. The clearer rule supports the ability of available to NSCC to complete end-of- Supplemental Liquidity Obligations of Members to meet their obligations to day settlement in the event of the Supplemental Liquidity Providers provide NSCC with SLD when required. default of a Member. Further, SLD are would be in direct relation to the The liquidity provided to NSCC through currently, and would continue to be, specific liquidity exposures presented to the SLD allows it to complete end-of- held by NSCC at either its cash deposit NSCC by Members’ daily activity. day settlement in the event of the account at the Federal Reserve Bank of Therefore, Members that present the default of a Member. Therefore, by New York, at a creditworthy commercial largest liquidity exposures to NSCC, making the provisions of Rule 4(A) bank, or in other investments pursuant regardless of the type of Member, clearer, simpler and more transparent to to the Clearing Agency Investment currently have, and would continue to Members, these proposed changes also Policy.46 Therefore, SLD would have, similar SLD requirements. The support NSCC’s compliance with the continue to be considered a qualifying proposed alternative calculation of requirements of Section 17A(b)(3)(F) of liquid resource, as defined by Rule Supplemental Liquidity Obligations the Act to assure the safeguarding of 17Ad–22(a)(14) under the Act,47 and would provide NSCC with the flexibility securities and funds which are in would support NSCC’s ability to hold to collect and hold sufficient liquidity to NSCC’s custody or control or for which qualifying liquid resources sufficient to meet NSCC’s regulatory obligations it is responsible.43 meet the minimum liquidity resource while allocating the Supplemental Rule 17Ad–22(e)(7)(i) under the Act requirement under Rule 17Ad– Liquidity Obligations on a pro rata basis requires that NSCC establish, 22(e)(7)(i), as required by Rule 17Ad– among the Supplemental Liquidity implement, maintain and enforce 22(e)(7)(ii). Additionally, the proposed Providers for that Business Day. This written policies and procedures alternative pro rata calculation of proposed change would treat each reasonably designed to maintain Supplemental Liquidity Obligations Supplemental Liquidity Provider sufficient liquid resources at the would provide NSCC with the flexibility equally when this alternative minimum in all relevant currencies to to determine the total amount collected calculation is triggered. effect same-day and, where appropriate, on a Business Day, while continuing to Therefore, NSCC believes that any intraday and multiday settlement of collect and hold sufficient liquidity to burden on competition imposed by the payment obligations with a high degree allow NSCC to complete end-of-day proposed changes would not be of confidence under a wide range of settlement in the event of the default of significant and, further, would be both foreseeable stress scenarios that the Member with the largest payment necessary and appropriate in includes, but is not limited to, the obligations, as required by Rule 17Ad– furtherance of NSCC’s efforts to mitigate default of the participant family that 48 risks and meet the requirements of the 22(e)(7)(i). As such, this proposed 50 would generate the largest aggregate change would support NSCC’s ability to Act, as described in this filing and payment obligation for NSCC in extreme hold sufficient qualifying liquid further below. 44 NSCC believes the above described but plausible market conditions. Rule resources to meet its minimum liquidity burden on competition that may be 17Ad–22(e)(7)(ii) under the Act requires resource requirement under Rules created by the proposed changes to the that NSCC establish, implement, 17Ad–22(e)(7)(i) and (ii).49 maintain and enforce written policies SLD requirement would be necessary in and procedures reasonably designed to (B) Clearing Agency’s Statement on furtherance of the purposes of the Act, hold qualifying liquid resources Burden on Competition specifically Section 17A(b)(3)(F) of the 51 sufficient to meet the minimum NSCC believes that the proposed rule Act. As discussed above, the proposed liquidity resource requirement under change could have an impact on change would improve NSCC’s ability to Rule 17Ad–22(e)(7)(i) in each relevant competition. Specifically, NSCC estimate its liquidity exposures in the currency for which NSCC has payment believes the proposed changes could calculation and collection of SLD by obligations owed to its Members.45 burden competition because they would using daily activity rather than As described above, the proposal require those Members that are estimating potential exposures based on would strengthen NSCC’s ability to identified as Supplemental Liquidity activity in a look-back period. In this way, the proposed change would maintain sufficient liquidity to complete Providers to make an SLD to the improve NSCC’s liquidity risk end-of-day settlement in the event of the Clearing Fund each Business Day, when management by supplementing its default of a Member. The proposal applicable, rather than only monthly in liquidity resources that are available to would do this by allowing NSCC to connection with the expiration of stock it to complete end-of-day settlement in calculate and collect, when applicable, options. SLD every Business Day from those Members are currently subject to SLD the event of the default of a Member. Members that pose the largest liquidity requirements under Rule 4(A), and, The proposed pro rata alternative exposures to NSCC on that day. The while the proposed rule change could calculation of SLD would allow NSCC proposal would also include a result in a Supplemental Liquidity to opt to collect only the largest mechanism to allow NSCC to collect Supplemental Liquidity Obligation 46 See Securities Exchange Act Release Nos. calculated for that Business Day, while 42 Id. 79528 (December 12, 2016), 81 FR 91232 (December still meeting NSCC’s applicable 43 Id. 16, 2016) (File Nos. SR–DTC–2016–007, SR–FICC– regulatory obligations. The proposed 44 17 CFR 240.17Ad–22(e)(7)(i). 2016–005, SR–NSCC–2016–003); 84949 (December enhancements to its liquidity risk 45 17 CFR 240.17Ad–22(e)(7)(ii). For purposes of 21, 2018), 83 FR 67779 (December 31, 2018) (File Nos. SR–DTC–2018–012, SR–FICC–2018–014, SR– management would help NSCC assure Rule 17Ad–22(e)(7)(ii), ‘‘qualifying liquid the safeguarding of securities and funds resources’’ are defined in Rule 17Ad-22(a)(14) as NSCC–2018–013). including, in part, cash held either at the central 47 17 CFR 240.17Ad–22(a)(14). bank of issue or at creditworthy commercial banks. 48 17 CFR 240.17Ad–22(e)(7)(i). 50 15 U.S.C. 78q–1(b)(3)(I). Supra note 7. 49 17 CFR 240.17Ad–22(e)(7)(i) and (ii). 51 15 U.S.C. 78q–1(b)(3)(F). VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15746 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices which are in its custody or control or for qualifying liquid resources to meet its III. Date of Effectiveness of the which it is responsible, consistent with minimum liquidity resource Proposed Rule Change, and Timing for the requirements of Section 17A(b)(3)(F) requirement under Rules 17Ad– Commission Action 52 57 of the Act. 22(e)(7)(i) and (ii). Within 45 days of the date of NSCC believes the above described NSCC believes that the above publication of this notice in the Federal burden on competition that may be described burden on competition that Register or within such longer period created by the proposed changes to the could be created by the proposed up to 90 days (i) as the Commission may SLD requirement would be necessary in changes would be appropriate in designate if it finds such longer period furtherance of the purposes of the Act, furtherance of the purposes of the Act to be appropriate and publishes its specifically Section 17A(b)(3)(F) of the because such changes have been reasons for so finding or (ii) as to which Act.53 As discussed above, the proposed designed to assure the safeguarding of the self-regulatory organization change would improve NSCC’s ability to securities and funds which are in the estimate its liquidity exposures in the consents, the Commission will: custody or control of NSCC or for which (A) By order approve or disapprove calculation and collection of SLD by it is responsible, as described in detail using daily activity rather than such proposed rule change, or above. Under both the current Rule 4(A) (B) institute proceedings to determine estimating potential exposures based on and the proposed changes to Rule 4(A), activity in a look-back period. The whether the proposed rule change the SLD requirements are designed to should be disapproved. proposal would also establish a monthly require those Members whose intraday SLD to address the additional The proposal shall not take effect settlement activity pose the largest until all regulatory actions required liquidity exposures that are presented liquidity exposures to NSCC to provide by monthly options expiration activity, with respect to the proposal are SLD in the amount of such exposures. completed. and an optional intraday SLD that may The proposed changes to Rule 4(A) be collected when NSCC deems would better support NSCC by allowing IV. Solicitation of Comments appropriate. In aggregate, the total SLD it to calculate and collect, when Interested persons are invited to collected would improve NSCC’s applicable, SLD to address liquidity submit written data, views and liquidity risk management by exposures that are presented by the arguments concerning the foregoing, supplementing its liquidity resources activity of Supplemental Liquidity including whether the proposed rule that are available to it to complete end- Providers each Business Day rather than change is consistent with the Act. of-day settlement in the event of the only during monthly options expiration Comments may be submitted by any of default of a Member. The proposed pro periods. The proposed rule change the following methods: rata alternative calculation of SLD would improve NSCC’s ability to would allow NSCC to opt to collect only measure these liquidity exposures by Electronic Comments the largest Supplemental Liquidity using daily activity rather than • Use the Commission’s internet Obligation calculated for that Business estimations based on past activity. comment form (http://www.sec.gov/ Day, while still meeting NSCC’s Therefore, because the proposed rules/sro.shtml); or applicable regulatory obligations. The • Send an email to rule-comments@ proposed enhancements to its liquidity changes are designed to provide NSCC with a more accurate measure of the sec.gov. Please include File Number SR– risk management would help NSCC NSCC–2021–002 on the subject line. assure the safeguarding of securities and liquidity risks presented by Members’ funds which are in its custody or daily activity, NSCC believes the Paper Comments control or for which it is responsible, proposal would meet NSCC’s risk • management goals and its regulatory Send paper comments in triplicate consistent with the requirements of to Secretary, Securities and Exchange Section 17A(b)(3)(F) of the Act.54 obligations. NSCC believes that it has designed the proposed rule change in an Commission, 100 F Street NE, The proposal would strengthen Washington, DC 20549. NSCC’s ability to maintain sufficient appropriate way in order to comply All submissions should refer to File liquidity to complete end-of-day with NSCC’s obligations under the Act. Number SR–NSCC–2021–002. This file settlement in the event of the default of Therefore, as described above, NSCC number should be included on the a Member by allowing NSCC to collect believes the proposed changes are subject line if email is used. To help the SLD each Business Day from those necessary and appropriate in Commission process and review your Members that pose the largest liquidity furtherance of NSCC’s obligations under 58 comments more efficiently, please use exposures to NSCC on that day. Further, the Act, specifically Section 59 only one method. The Commission will SLD are currently, and would continue 17A(b)(3)(F) of the Act and Rules post all comments on the Commission’s to be, cash deposits to NSCC’s Clearing 17Ad–22(e)(7)(i) and (ii) under the 60 internet website (http://www.sec.gov/ Fund, which meet the criteria to be Act. rules/sro.shtml). Copies of the considered qualifying liquid resources, (C) Clearing Agency’s Statement on submission, all subsequent as defined by Rule 17Ad–22(a)(14) Comments on the Proposed Rule amendments, all written statements under the Act.55 The proposed Change Received From Members, with respect to the proposed rule alternative pro rata calculation would Participants, or Others change that are filed with the allow NSCC to continue to collect Commission, and all written sufficient liquidity to meet the NSCC has not received or solicited communications relating to the requirements of Rule 17Ad–22(e)(7)(i).56 any written comments relating to this proposed rule change between the As such, this proposed change would proposal. NSCC will notify the Commission and any person, other than support NSCC’s ability to hold sufficient Commission of any written comments received by NSCC. those that may be withheld from the 52 Id. public in accordance with the 53 15 U.S.C. 78q–1(b)(3)(F). 57 17 CFR 240.17Ad–22(e)(7)(i) and (ii). provisions of 5 U.S.C. 552, will be 54 Id. 58 15 U.S.C. 78q–1(b)(3)(I). available for website viewing and 55 17 CFR 240.17Ad–22(a)(14). 59 15 U.S.C. 78q–1(b)(3)(F). printing in the Commission’s Public 56 17 CFR 240.17Ad–22(e)(7)(i). 60 17 CFR 240.17Ad–22(e)(7)(i) and (ii). Reference Room, 100 F Street NE, VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15747 Washington, DC 20549 on official Federal Register on September 22, comments received on the proposal and business days between the hours of 2020.3 the Exchange’s response. Accordingly, 10:00 a.m. and 3:00 p.m. Copies of the On November 4, 2020, pursuant to the Commission, pursuant to Section filing also will be available for Section 19(b)(2) of the Exchange Act,4 19(b)(2) of the Exchange Act,10 inspection and copying at the principal the Commission designated a longer designates May 20, 2021 as the date by office of NSCC and on DTCC’s website period within which to approve the which the Commission shall either (http://dtcc.com/legal/sec-rule- proposed rule change, disapprove the approve or disapprove the proposed filings.aspx). All comments received proposed rule change, or institute rule change (File No. SR–NASDAQ– will be posted without change. Persons proceedings to determine whether to 2020–062) as modified by Amendment submitting comments are cautioned that disapprove the proposed rule change.5 No. 1. On December 16, 2020, the Commission we do not redact or edit personal For the Commission, by the Division of identifying information from comment instituted proceedings under Section Trading and Markets, pursuant to delegated 6 submissions. You should submit only 19(b)(2)(B) of the Act to determine authority.11 information that you wish to make whether to approve or disapprove the Eduardo A. Aleman, proposed rule change.7 On February 25, available publicly. All submissions Deputy Secretary. should refer to File Number SR–NSCC– 2021, the Exchange filed Amendment [FR Doc. 2021–05994 Filed 3–23–21; 8:45 am] 2021–002 and should be submitted on No. 1 to the proposed rule change, BILLING CODE 8011–01–P or before April 14, 2021. which superseded the proposed rule change as originally filed. Amendment For the Commission, by the Division of No. 1 to the proposed rule change was Trading and Markets, pursuant to delegated SECURITIES AND EXCHANGE authority.61 published for comment in the Federal Register on March 16, 2021.8 COMMISSION Eduardo A. Aleman, Section 19(b)(2) of the Exchange Act 9 [Release No. 34–91361; File No. SR–ICC– Deputy Secretary. provides that, after initiating 2021–004] [FR Doc. 2021–05995 Filed 3–23–21; 8:45 am] disapproval proceedings, the BILLING CODE 8011–01–P Commission shall issue an order Self-Regulatory Organizations; ICE approving or disapproving the proposed Clear Credit LLC; Order Approving rule change not later than 180 days after Proposed Rule Change Relating to the SECURITIES AND EXCHANGE the date of publication of notice of filing ICC Governance Playbook COMMISSION of the proposed rule change. The March 18, 2021. [Release No. 34–91348; File No. SR– Commission may extend the period for NASDAQ–2020–062] issuing an order approving or I. Introduction disapproving the proposed rule change, On January 29, 2021, ICE Clear Credit Self-Regulatory Organizations; The however, by not more than 60 days if LLC (‘‘ICC’’) filed with the Securities Nasdaq Stock Market LLC; Notice of the Commission determines that a and Exchange Commission Designation of a Longer Period for longer period is appropriate and (‘‘Commission’’), pursuant to Section Commission Action on Proceedings To publishes the reasons for such 19(b)(1) of the Securities Exchange Act Determine Whether To Approve or determination. The proposed rule of 1934 (the ‘‘Act’’) 1 and Rule 19b–4 Disapprove a Proposed Rule Change, change was published for comment in thereunder,2 a proposed rule change to as Modified by Amendment, No. 1, To the Federal Register on September 22, update and formalize the ICC Amend Listing Rules Applicable to 2020. The 180th day after publication of Governance Playbook. The proposed the Notice is March 21, 2021. The Special Purpose Acquisition rule change was published for comment Commission is extending the time Companies Whose Business Plan Is To in the Federal Register on February 16, period for approving or disapproving Complete One or More Business 2021.3 The Commission did not receive Combinations the proposal for an additional 60 days. The Commission finds it appropriate comments regarding the proposed rule March 18, 2021. to designate a longer period within change. For the reasons discussed On September 3, 2020, The Nasdaq which to issue an order approving or below, the Commission is approving the Stock Market LLC (‘‘Nasdaq’’ or disapproving the proposed rule change proposed rule change. ‘‘Exchange’’) filed with the Securities so that it has sufficient time to consider II. Description of the Proposed Rule and Exchange Commission the proposed rule change as modified by Change Amendment No. 1, along with the (‘‘Commission’’), pursuant to Section The principal purpose of the 19(b)(1) of the Securities Exchange Act proposed rule change is to update and 1 3 See Securities Exchange Act Release No. 89897 of 1934 (‘‘Act’’) and Rule 19b–4 formalize the ICC Governance thereunder,2 a proposed rule change to (September 16, 2020), 85 FR 59574 (‘‘Notice’’). Comments received on the proposal are available on Playbook.4 Specifically, the proposed amend its listing rules to permit the Commission’s website at: https://www.sec.gov/ rule change would consolidate and companies whose business plan is to comments/sr-nasdaq-2020-062/ summarize governance arrangements set srnasdaq2020062.htm. complete one or more business forth in the ICC Clearing Rules combinations (‘‘SPACs’’ or ‘‘Acquisition 4 15 U.S.C. 78s(b)(2). Companies’’) 15 calendar days following 5 See Securities Exchange Act Release No. 90340, 85 FR 71704 (November 10, 2020). The Commission 10 Id. the closing of a business combination to designated December 21, 2020, as the date by which 11 17 CFR 200.30–3(a)(57). demonstrate that the SPAC has satisfied it should approve, disapprove, or institute 1 15 U.S.C. 78s(b)(1). the applicable round lot shareholder proceedings to determine whether to disapprove the 2 17 CFR 240.19b–4. requirement. The proposed rule change proposed rule change. 3 Self-Regulatory Organizations; ICE Clear Credit 6 was published for comment in the 15 U.S.C. 78s(b)(2)(B). LLC; Notice of Filing of Proposed Rule Change 7 See Securities Exchange Act Release No. 90682, Relating to the ICC Governance Playbook; Exchange 85 FR 83113 (December 16, 2020). Act Release No. 91090 (Feb. 9, 2021); 86 FR 9557 61 17 CFR 200.30–3(a)(12). 8 See Securities Exchange Act Release No. 91294 (Feb. 16, 2021) (‘‘Notice’’). 1 15 U.S.C. 78s(b)(1). (March 10, 2021), 86 FR 14508 (March 16, 2021). 4 The description that follows is substantially 2 17 CFR 240.19b–4. 9 15 U.S.C. 78s(b)(2). excerpted from the Notice, 86 FR at 9557. VerDate Sep<11>2014 19:37 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15748 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices (‘‘Rules’’), operating agreement, and Committee and the ICC Risk an annual basis in accordance with other ICC policies and procedures Management Subcommittee as applicable regulation. within the Governance Playbook described in Chapter 5 of its Rules. This The Governance Playbook also document. The Governance Playbook section would clarify that ICC’s officers, contains information on required contains information regarding the including the Chief Operating Officer, disclosures of the Board’s major governance structure at ICC, which Chief Compliance Officer, Chief Risk decisions under relevant regulations. includes the Board, committees, and Officer and General Counsel, are The Governance Playbook formalizes management. The document is divided designated by the Board following a arrangements by which all major in six parts and sets out (i) the purpose determination that they possess the decisions of the Board are clearly of the document, (ii) an introduction to requisite experience and skills to disclosed to clearing members, other the ICC governance structure, (iii) discharge their responsibilities and relevant stakeholders, and ICC’s information on the ICC Board of report to the ICC President. The section regulators. In addition, the Governance Managers (the ‘‘Board,’’ with each also formalizes additional reporting Playbook provides governance procedures for clearly disclosing to the member a ‘‘Manager’’), (iv) descriptions lines of certain ICC officers to ensure public the Board’s major decisions that of the committees at ICC, (v) that relevant personnel have sufficient have a broad market impact. With descriptions of the special purpose access to the Board, consistent with committees at ICC, and (vi) a revision respect to information made available to relevant regulation. Specifically, the history of the Governance Playbook and the public, ICC posts on its website Chief Compliance Officer has an an appendix that outlines the roles, relevant rules and material procedures additional reporting line directly to the responsibilities, and required skills of and documents. ICC maintains a Board, and the Chief Risk Officer has an key senior management positions and comprehensive public Disclosure additional reporting line directly to the provides an email template relating to Framework that describes its material Chairperson of the Risk Committee, who the annual reconstitution of ICC’s Risk rules, policies, and procedures Committee. also is a Manager on the Board. This regarding its legal, governance, risk section of the Governance Playbook management, and operating framework. 1. Purpose details how the Board guides ICC updates the Disclosure Framework ICC proposes to formalize and update management with respect to strategic every two years or more frequently the purpose section of the Governance planning and priority setting. following material changes to ICC’s Playbook. Specifically, the purpose Additionally, this section of the systems or environment in which it section includes a statement that the Governance Playbook describes the operates. governance guidelines set forth in the composition of the Board, and specifies Further, the Governance Playbook Governance Playbook are intended to the fitness standards required of each describes the Board’s role in reviewing comply with applicable Commission Manager, as well as the fitness standards the performance and compensation of and Commodity Futures Trading and qualifications of the Board as a senior managers who are responsible for Commission (‘‘CFTC’’) regulations. This whole. ICC represents that it includes executing the Board’s decisions statement would include an updated such procedures in the Governance throughout the year. As part of this citation to a relevant CFTC Regulation. Playbook to ensure that the Board process, the Board will consider, in consists of suitable individuals having accordance with relevant regulation, 2. Introduction to ICC Governance whether senior management continues Structure appropriate skills and incentives and that Managers have the appropriate to have the appropriate experience, In the introduction section of the experience, skills, and integrity skills, and integrity necessary to Governance Playbook, ICC proposes to necessary to discharge their Board discharge their responsibilities. formalize its general mission and responsibilities.5 The Governance 4. Committees describe its overall governance Playbook describes the election structure, comprised of its Board, In this section of the Governance procedures for new Managers and committees and management. The Playbook, ICC would formalize specifies who is responsible for electing introduction section reflects the Board- information regarding the roles and new Managers and for ensuring such determined mission statement that ICC responsibilities of the various Managers meet the fitness standards. is to provide safe and sound central committees at ICC, including the Audit The Governance Playbook also contains counterparty services to reduce systemic Committee, Risk Committee, Risk information regarding scheduling of risk in an efficient and compliant Management Subcommittee, Advisory manner while generating positive meetings and meeting frequency, and Committee, Futures Commission returns for shareholders. The lists all documents relevant to Board Merchant (FCM) Executive Council, introduction section also states that operations. The Governance Playbook Participant Review Committee, Credit ICC’s governance arrangements are clear sets forth the process for determining Review Subcommittee, New Initiatives and transparent, promote its safety and the independence of those Managers Approval Committee, Operations efficiency and support the stability of who are required to be independent. Working Group, Trading Advisory the broader financial system, other Additionally, the document lists the Group, Business Continuity Planning relevant public interest considerations independence qualifications considered (BCP) and Disaster Recovery (DR) and the objectives of relevant as part of such independence Oversight Committee of the Compliance stakeholders. determinations and describes the annual Committee, Risk Working Group, questionnaire process each independent Compliance Committee, and Steering 3. Board of Managers Manager is required to complete. The Committee. The Governance Playbook In this section of the Governance Governance Playbook also describes the further details and updates the Playbook, ICC proposes to formalize the self-evaluation survey process by which membership composition and meeting Board’s sole responsibility for the ICC reviews the performance of the frequency for each committee and control and management of ICC’s Board and its individual Managers on contains a listing of all relevant operations, subject only to prior committee documents (including, as consultation rights of the ICC Risk 5 See Notice, 86 FR at 9557. applicable, a charter, meeting minutes, VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15749 and agendas). As applicable, the contracts, and transactions, to assure the a clearing agency.11 Clear and Governance Playbook details procedures safeguarding of securities and funds transparent governance documents also for electing new members to a which are in the custody or control of provide interested parties, including committee. The Governance Playbook ICC or for which it is responsible, and owners, members, and general members also includes procedures for the annual to protect the public interest.9 of the public, with information about Audit Committee performance review As noted above, the principal purpose how a clearing agency’s decisions are and the annual reconstitution of the of the proposed rule change is to made and what the rules and Risk Committee. formalize and update the Governance procedures are designed to accomplish.12 Further, the decisions, 5. Special Purpose Committees Playbook as a single reference document of governance guidelines that rules, and procedures of a clearing This section of the Governance consolidates and summarizes the ICC agency are important, as they can have Playbook would formalize information widespread impact, affecting multiple regarding ICC’s special purpose governance arrangements set forth in the Rules, operating agreement, and a market members, financial institutions, committees, including the Business 13 number of written ICC policies and markets, and jurisdictions. Conduct Committee, Regional CDS The Commission believes that the procedures. The introduction section of Committees, and the CDS Default proposed rule change would provide the Governance Playbook states its Committee. The Governance Playbook ICC stakeholders with a better intended purposes to ensure that ICC’s contains a brief description of each understanding of how ICC makes governance arrangements are clear and special purpose committee, details decisions that could ultimately affect transparent, promote ICC’s safety and membership composition and meeting them and, potentially, the broader efficiency and support the stability of frequency, and lists relevant committee financial system. The proposed rule the broader financial system, other documents. As applicable, the change would also help the Board, as Governance Playbook contains relevant public interest considerations well as ICC’s management, employees, information regarding the appointment and the objectives of relevant and members, understand the roles and of new members. stakeholders. responsibilities of ICC officers, The Governance Playbook also 6. Revision History and Appendix committees and subcommittees. The reflects the Board’s sole responsibility Commission further believes that the Finally, the Governance Playbook for the control and management of ICC’s Governance Playbook should enhance includes a revision history to document operations, subject only to prior the clarity and transparency of ICC’s the date, versions, and revisions to the consultation rights of the ICC Risk governance structure and facilitate the Governance Playbook document. An Committee and the ICC Risk efficiency and effectiveness of ICC’s appendix follows the revision history Management Subcommittee as governance procedures by providing a with relevant detailed information, described in Chapter 5 of ICC’s Rules. single, consolidated summary document including a record of the roles, The Governance Playbook describes the of governance guidelines for ease of responsibilities, and required skills of composition of the Board and the reference. For these reasons, the key senior management in Appendix 1, election procedures for new Managers, proposed rule change should facilitate and an email template relating to the provides information regarding ICC’s ability to provide clearing services annual reconstitution of the ICC Risk scheduling of meetings and meeting that are supported by, and consistent Committee composition in Appendix 2. frequency, and updates required with, clear and transparent governance III. Discussion and Commission disclosures under relevant regulations arrangements that comply with relevant Findings of the Board’s major decisions. The regulations and internal policies and Governance Playbook describes the role procedures, thereby helping ICC Section 19(b)(2)(C) of the Act directs of the Board in reviewing the maintain prudent risk management the Commission to approve a proposed performance and compensation of processes to promote the prompt and rule change of a self-regulatory senior managers responsible for accurate clearance of settlement and organization if it finds that such executing the Board’s decisions, securities transactions and derivative proposed rule change is consistent with information regarding the roles and agreements, contracts and transactions the requirements of the Act and the responsibilities of the various cleared by ICC, to assure the rules and regulations thereunder committees at ICC, information safeguarding of securities and funds in applicable to such organization.6 For the regarding ICC’s special purpose the custody or control of ICC, and to reasons given below, the Commission protect the public interest.14 finds that the proposed rule change is committees, and a revision history and For these reasons, the Commission consistent with Section 17A(b)(3)(F) of an appendix with relevant information finds that the proposed rule change is the Act 7 and Rules 17Ad–22(e)(2) and that outlines the roles, responsibilities, consistent with Section 17A(b)(3)(F) of (e)(23)(i), (iv), and (v) thereunder.8 and required skills of key senior management positions and provides an the Act.15 A. Consistency With Section email template relating to the annual B. Consistency With Rule 17Ad–22(e)(2) 17A(b)(3)(F) of the Act reconstitution of ICC’s Risk Committee. Under the Act Section 17A(b)(3)(F) of the Act Governance arrangements are critical Rule 17Ad–22(e)(2) under the Act requires, in part, that the rules of a to the sound operation of clearing requires each covered clearing agency to clearing agency, such as ICC, be agencies.10 Specifically, clear and establish, implement, maintain and designed to promote the prompt and transparent governance documents accurate clearance and settlement of promote accountability and reliability in 11 Securities Exchange Act Release No. 64017 securities transactions and, to the extent the decisions, rules, and procedures of (March 3, 2011), 76 FR 14472 (March 16, 2011) at applicable, derivative agreements, 14488. 9 15 U.S.C. 78q–1(b)(3)(F). 12 Id. 6 15 U.S.C. 78s(b)(2)(C). 10 Securities Exchange Act Release No. 71699 13 Covered Clearing Agency Standards Proposing 7 15 U.S.C. 78q–1(b)(3)(F). (May 21, 2014), 79 FR 29508, 29521 (May 22, 2014) Release, 79 FR at 29521. 8 17 CFR 240.17Ad–22(e)(2) and (e)(23)(i), (iv), (‘‘Covered Clearing Agency Standards Proposing 14 15 U.S.C. 78q–1(b)(3)(F). and (v). Release’’). 15 15 U.S.C. 78q–1(b)(3)(F). VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15750 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices enforce written policies and procedures ensure statements previously provided It is therefore ordered pursuant to reasonably designed to provide for remain accurate in all material Section 19(b)(2) of the Act 22 that the governance arrangements that, among respects.18 As noted above, the proposed rule change (SR–ICC–2021– other things, are clear and transparent, Governance Playbook reflects updated 004), be, and hereby is, approved.23 establish that the board of directors and arrangements by which all major For the Commission, by the Division of senior management have appropriate decisions of the Board are clearly Trading and Markets, pursuant to delegated experience and skills to discharge their disclosed to clearing members, other authority.24 duties and responsibilities, and specify relevant stakeholders, and ICC’s clear and direct lines of responsibility.16 regulators. In addition, the Governance Eduardo A. Aleman, As stated above, the proposed rule Playbook provides governance Deputy Secretary. change would update and formalize the procedures for clearly disclosing to the [FR Doc. 2021–06002 Filed 3–23–21; 8:45 am] Governance Playbook to reflect the public the Board’s major decisions that BILLING CODE 8011–01–P governance arrangements in place at have a broad market impact. With ICC, including those that specify: the respect to information made available to Board’s responsibility for the control the public, the Governance Playbook SECURITIES AND EXCHANGE and management of ICC’s operations, specifies that ICC posts on its website COMMISSION the composition of the Board, the all relevant rules and material election procedures for new Managers, [Release No. 34–91347; File No. SR–NSCC– procedures and documents, as required 2021–801] the fitness standards and qualifications by applicable regulations. The required of each Manager and the Board Commission believes that these aspects Self-Regulatory Organizations; as a whole, and the process to review of the Governance Playbook should help National Securities Clearing the performance of ICC’s senior ensure that ICC publicly discloses all Corporation; Notice of Filing of managers. The Commission believes relevant rules and material procedures, Advance Notice To Amend the that these aspects of the proposed rule including key aspects of its default rules Supplemental Liquidity Deposit change should help ICC ensure that the and procedures. Requirements Board and individual Managers, as well In addition, the Governance Playbook as ICC’s senior managers, including the specifies that ICC maintains a March 18, 2021. Chief Operating Officer, Chief comprehensive public Disclosure Pursuant to Section 806(e)(1) of Title Compliance Officer, Chief Risk Officer Framework that describes its material VIII of the Dodd-Frank Wall Street and General Counsel, have the rules, policies, and procedures Reform and Consumer Protection Act appropriate experience and skills to regarding its legal, governance, risk entitled the Payment, Clearing, and discharge their duties and management, and operating framework. Settlement Supervision Act of 2010 responsibilities. Further, the The Governance Playbook formalizes (‘‘Clearing Supervision Act’’) 1 and Rule Commission believes the Governance the process by which ICC Legal will 19b–4(n)(1)(i) under the Securities Playbook specifies clear and direct lines update the public Disclosure Exchange Act of 1934 (‘‘Act’’),2 notice is of responsibility by identifying Framework every two years or more hereby given that on March 5, 2021, reporting lines of certain ICC officers to frequently following material changes to National Securities Clearing Corporation ensure they have sufficient access to the ICC’s systems or environment in which (‘‘NSCC’’) filed with the Securities and Board, consistent with relevant it operates, including updates for major Exchange Commission (‘‘Commission’’) regulation. For these reasons, the decisions of the Board with a broad the advance notice as described in Items Commission believes that the proposed market impact. The Commission I, II and III below, which Items have rule change is consistent with Rule believes that these aspects of the been prepared by the clearing agency.3 17 17Ad–22(e)(2) under the Act. Governance Playbook should help The Commission is publishing this C. Consistency With Rule 17Ad– ensure ICC’s compliance with its notice to solicit comments on the 22(e)(23)(i), (iv), and (v) Under the Act regulatory obligation to provide a advance notice from interested persons. Rule 17Ad–22(e)(23)(i), (iv), and (v) comprehensive public disclosure that is I. Clearing Agency’s Statement of the under the Act requires each covered updated every two years or more Terms of Substance of the Advance clearing agency to establish, implement, frequently following material changes. Notice For these reasons, the Commission maintain and enforce written policies believes that the proposed rule change This advance notice consists of and procedures reasonably designed to is consistent with Rule 17Ad– modifications to Rule 4(A) provide for, among other things, (1) 22(e)(23)(i), (iv), and (v) 19 (Supplemental Liquidity Deposits) of publicly disclosing all relevant rules under the Act. the NSCC’s Rules & Procedures and material procedures, including key (‘‘Rules’’) to (1) calculate and collect, aspects of its default rules and D. Conclusion when applicable, supplemental procedures, (2) a comprehensive public On the basis of the foregoing, the disclosure that describes its material Commission finds that the proposed 22 15 U.S.C. 78s(b)(2). rules, policies, and procedures rule change is consistent with the 23 In approving the proposed rule change, the Commission considered the proposal’s impact on regarding its legal, governance, risk requirements of the Act, and in management, and operating framework, efficiency, competition, and capital formation. 15 particular, with the requirements of U.S.C. 78c(f). accurate in all material respects at the Section 17A(b)(3)(F) of the Act 20 and 24 17 CFR 200.30–3(a)(12). time of publication, and (3) updating the Rules 17Ad–22(e)(2) and (e)(23)(i), (iv), 1 12 U.S.C. 5465(e)(1). public disclosure every two years, or and (v) thereunder.21 2 17 CFR 240.19b–4(n)(1)(i). more frequently following changes to its 3 NSCC filed this advance notice as a proposed rule change (File No. SR–NSCC–2021–002) with the system or the environment in which it 18 17 CFR 240.17Ad–22(e)(23)(i), (iv), and (v). Commission pursuant to Section 19(b)(1) of the Act, operates to the extent necessary to 19 17 CFR 240.17Ad–22(e)(23)(i), (iv) and (v). 15 U.S.C. 78s(b)(1), and Rule 19b-4 thereunder, 17 20 15 U.S.C. 78q–1(b)(3)(F). CFR 240.19b–4. A copy of the proposed rule change 16 17 CFR 240.17Ad–22(e)(2). 21 17 CFR 240.17Ad–22(e)(2) and (e)(23)(i), (iv), is available at http://www.dtcc.com/legal/sec-rule- 17 17 CFR 240.17Ad–22(e)(2). and (v). filings.aspx. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15751 liquidity deposits to NSCC’s Clearing Finally, in connection with these (‘‘Term Debt Issuance’’); 10 (3) cash that Fund (‘‘Supplemental Liquidity proposed changes, NSCC would would be obtained by drawing on Deposits,’’ or ‘‘SLD’’) on a daily basis, simplify and improve the description of NSCC’s committed 364-day credit rather than only in advance of the the calculation, collection and treatment facility with a consortium of banks monthly expiration of stock options of SLD in Rule 4(A). These proposed (‘‘Line of Credit’’); 11 and (4) (defined in Rule 4(A) as ‘‘Options rule changes are described in greater Supplemental Liquidity Deposits, Expiration Activity Period’’); (2) detail below. collected pursuant to Rule 4(A), which establish an intraday SLD obligation (i) Overview of the NSCC Liquidity Risk are currently designed to cover the that would apply in advance of Options Management heightened liquidity exposure arising Expiration Activity Periods and may around Options Expiration Activity also be applied on other days, as NSCC, along with its affiliates, The Periods, required from those Members needed; (3) implement an alternative Depository Trust Company and Fixed whose activity would pose the largest pro rata calculation of Members’ SLD Income Clearing Corporation, maintains liquidity exposure to NSCC.12 obligations that may apply in certain a Clearing Agency Liquidity Risk NSCC’s liquidity risk management has circumstances; and (4) simplify and Management Framework (‘‘Framework’’) evolved in order to adhere to regulatory improve the transparency of the that sets forth the manner in which requirements that were adopted after description of the calculation, collection NSCC measures, monitors and manages Rule 4(A) was implemented.13 As part and treatment of SLD in Rule 4(A) of the the liquidity risks that arise in or are of its efforts to maintain compliance borne by it.5 Rules, as described in greater detail As a central counterparty, with these requirements, NSCC has 4 NSCC’s liquidity needs are driven by below. continued to strengthen its liquidity risk the requirement to complete end-of-day management strategy, including through II. Clearing Agency’s Statement of the money settlement, on an ongoing basis, growing and diversifying its qualifying Purpose of, and Statutory Basis for, the in the event NSCC ceases to act for a liquid resources. In connection with Advance Notice Member (hereinafter referred to as a these ongoing efforts, NSCC is In its filing with the Commission, the ‘‘default’’).6 If a Member defaults, NSCC proposing to calculate and collect, when clearing agency included statements needs to complete settlement of applicable, SLD every Business Day concerning the purpose of and basis for guaranteed transactions on the defaulted rather than only in connection with the advance notice and discussed any Member’s behalf from the date of default Options Expiration Activity Periods. comments it received on the advance through the remainder of the settlement This proposed change would improve notice. The text of these statements may cycle. As such, and as provided for in NSCC’s ability to measure and monitor be examined at the places specified in the Framework, NSCC measures the its daily liquidity exposures and allow Item IV below. The clearing agency has sufficiency of its qualifying liquid it to collect additional qualifying liquid prepared summaries, set forth in resources through daily liquidity studies resources from Members whose activity sections A and B below, of the most across a range of scenarios, including poses the largest liquidity exposure to significant aspects of such statements. amounts NSCC would need in the event the Member or Member family with the NSCC in connection with their daily (A) Clearing Agency’s Statement on largest aggregate liquidity exposure settlement activity, and not only during Comments on the Advance Notice defaults.7 Options Expiration Activity Periods. By Received From Members, Participants, As described in the Framework, NSCC measuring SLD against Members’ actual or Others seeks to maintain qualifying liquid daily settlement activity and NSCC’s NSCC has not received or solicited resources in an amount sufficient to available qualifying liquid resources, any written comments relating to this cover this risk. These resources the proposal would also help mitigate proposal. NSCC will notify the currently include (1) cash deposits to risks to NSCC that it is unable to secure Commission of any written comments the NSCC Clearing Fund; 8 (2) the adequate default liquidity from other received by NSCC. proceeds of the issuance and private sources in an amount necessary to meet placement of (a) short-term, unsecured its liquidity needs. For example, the (B) Advance Notice Filed Pursuant to notes in the form of commercial paper proposal would help mitigate the risks Section 806(e) of the Clearing and extendable notes (‘‘Commercial that could arise if investor demand for Supervision Act Paper Program’’),9 and (b) term debt the short-term notes issued under the Description of Proposed Change Commercial Paper Program weakens, 5 there is limited investor demand for NSCC is proposing to enhance its See Securities Exchange Act Release No. 82377 (December 21, 2017), 82 FR 61617 (December 28, term debt issued pursuant to a Term management of the liquidity risks that 2017) (File Nos. SR–DTC–2017–004; SR–FICC– Debt Issuance, or NSCC is unable to arise in or are borne by it by calculating 2017–008; SR–NSCC–2017–005). and collecting, when applicable, SLD on 6 The Rules identify when NSCC may cease to act each Business Day rather than only in for a Member and the types of actions NSCC may (File No. SR–NSCC–2015–802); 82676 (February 9, take. For example, NSCC may suspend a firm’s 2018), 83 FR 6912 (February 15, 2018) (File No. SR– advance of Options Expiration Activity membership with NSCC or prohibit or limit a NSCC–2017–807). Periods. The proposed changes would Member’s access to NSCC’s services in the event 10 See Securities Exchange Act Release No. 88146 establish an intraday SLD obligation that Member defaults on a financial or other (February 7, 2020), 85 FR 8046 (February 12, 2020) that would apply in advance of Options obligation to NSCC. See Rule 46 (Restrictions on (File No. SR–NSCC–2019–802). Access to Services) of the Rules, supra note 4. 11 See Securities Exchange Act Release No. 80605 Expiration Activity Periods and may be 7 ‘‘Qualifying liquid resources’’ are defined in (May 5, 2017), 82 FR 21850 (May 10, 2017) (File applicable on any Business Day, as Rule 17Ad–22(a)(14) under the Act. 17 CFR Nos. SR–DTC–2017–802; SR–NSCC–2017–802). needed. The proposal would also 240.17Ad–22(a)(14). The Framework also includes 12 See Rule 4(A) (Supplemental Liquidity implement an alternative pro rata a definition of qualifying liquid resources that Deposits) of the Rules, supra note 4. See also calculation of Members’ SLD obligations incorporates by reference Rule 17Ad–22(a)(14). See Securities Exchange Act Release Nos. 70999 supra note 5. (December 5, 2013), 78 FR 75413 (December 11, that may apply in certain circumstances. 8 See Rule 4 (Clearing Fund) and Procedure XV 2013) (File No. SR–NSCC–2013–02); 71000 (Clearing Fund Formula and Other Matters) of the (December 5, 2013), 78 FR 75400 (December 11, 4 Capitalized terms not defined herein are defined Rules, supra note 4. 2013) (File No. SR–NSCC–2013–802). in the Rules, available at http://dtcc.com/∼/media/ 9 See Securities Exchange Act Release Nos. 75730 13 See 17 CFR 240.17Ad-22(e)(7). See also supra Files/Downloads/legal/rules/nscc_rules.pdf. (August 19, 2015), 80 FR 51638 (August 25, 2015) note 5. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15752 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices renew its Line of Credit at the targeted exposures to NSCC (defined in Rule any other deposit of any such Member amount. 4(A) as ‘‘Special Activity Peak Liquidity to the Clearing Fund.24 Rule 4(A) also NSCC is also proposing to establish an Exposures’’).16 To determine the SLD provides that SLD may be invested and intraday SLD obligation that would obligations of each Special Activity may be used to satisfy a loss or liability apply on the first Business Day of the Liquidity Provider, the calculated as provided for in Sections 3 or 13 of Options Expiration Activity Period to Special Activity Peak Liquidity Need of Rule 4, and addresses NSCC’s obligation allow NSCC to continue to mitigate the NSCC is allocated to these Special to provide Members with certain additional liquidity exposures presented Activity Liquidity Providers in information that would help them by options activity. The proposal would proportion to the Special Activity Peak anticipate their potential SLD Liquidity Exposures they presented to also permit NSCC to calculate and requirements.25 collect an intraday SLD on any Business NSCC during the Special Activity Day when, for example, NSCC believes Lookback Period. Special Activity (iii) Amended Rule 4(A) and Proposed that it is necessary to collect an Liquidity Providers are required to fund Daily Calculation of Supplemental additional SLD from a Member whose their SLD obligations by the close of Liquidity Deposits activity presents relatively greater risks business on the second day prior to the to the NSCC on an overnight basis. applicable Options Expiration Activity In order to better address the liquidity NSCC is also proposing to implement Period.17 SLD may be returned to risks presented by Members’ daily an alternative calculation of Members’ Special Activity Liquidity Providers activity, NSCC is proposing to amend SLD requirements that would be their seven Business Days after the end of the Rule 4(A) to calculate and collect, when pro rata allocation of the largest SLD applicable Options Expiration Activity applicable, SLD every Business Day obligation calculated for that Business Period.18 rather than only in connection with the Day. This proposed change would On any Business Day between monthly expiration of stock options. provide NSCC with the discretion, in calculation dates, if NSCC observes an While the monthly expiration of stock certain circumstances, to allocate its increase in its liquidity needs that options does present larger liquidity largest liquidity need on a Business Day exceeds a predetermined threshold exposures to NSCC, NSCC may also face amount, it may call for an additional among those Members that are required large liquidity exposures from Members’ deposit from the Member whose to pay SLD on that day rather than daily activity, particularly during increase in activity levels caused (or collect separate SLD from those volatile market conditions. By allowing Members, as described in greater detail was the primary cause of) such increased liquidity need (defined in NSCC to calculate and collect SLD below. daily, NSCC would be able to identify In connection with these proposed Rule 4(A) as ‘‘Special Activity Liquidity changes, NSCC would also simplify the Call’’).19 NSCC may hold deposits made these exposures based on Members’ description of the calculation of SLD in pursuant to a Special Activity Liquidity daily activity rather than estimate its Rule 4(A) in order to improve the Call for up to 90 days after the deposit upcoming liquidity exposures based on transparency of this Rule, as described is made.20 Members are also permitted activity observed over a lookback in greater detail below. to submit a cash deposit to the Clearing period. The proposal would help NSCC Fund as a ‘‘Special Activity Prefund mitigate its liquidity risks through the (ii) Current Rule 4(A) and Supplemental Deposit’’ no later than the first Business daily collection of SLD from those Liquidity Deposits Day of an Options Expiration Activity Members’ whose daily activity would, Under the current Rule 4(A), NSCC Period.21 NSCC understands that a in the event of the Member’s default, collects SLD from the unaffiliated Member would generally make a Special create a potential liquidity need that is Members and families of affiliated Activity Prefund Deposit when it in excess of NSCC’s available qualifying Members (each defined as an ‘‘Affiliated anticipates that its Special Activity Peak liquid resources. The proposal would Family’’) that incur the largest gross Liquidity Exposure during that period also permit NSCC to return SLD to settlement debits over the settlement may be greater than the amount Members on the Business Day following cycle during times of increased trading calculated by NSCC pursuant to Rule the day those deposits are collected and activity that arise around Options 4(A) based on activity in the Special would remove the current requirement 14 22 Expiration Activity Periods. Activity Lookback Period. that SLD be held for up to 90 days. Under the current Rule 4(A), NSCC The current Rule 4(A) also addresses performs calculations on a monthly how SLD are treated generally.23 In order to implement this proposed basis, no later than the fifth day prior to Specifically, while SLD are part of a change to the timing of the SLD, NSCC an Options Expiration Activity Period, Member’s actual deposit to the Clearing would make a number of changes to using activity observed over a 24-month Fund, they are made in addition to a Rule 4(A), described below. The lookback period (defined in the current Member’s Required Fund Deposit and proposed changes to Rule 4(A) would Rule 4(A) as the ‘‘Special Activity implement a daily calculation and Lookback Period’’).15 These calculations 16 See Section 3 of Rule 4(A) (Supplemental collection of SLD, simplify and clarify determine (1) NSCC’s largest liquidity Liquidity Deposits) of the Rules, id. the calculations done in connection need that exceeded its liquidity 17 See Section 4 of Rule 4(A) (Supplemental Liquidity Deposits) of the Rules, id. with the SLD requirements, and resources (defined in Rule 4(A) as 18 See Section 9 of Rule 4(A) (Supplemental enhance the disclosures of the SLD ‘‘Special Activity Peak Liquidity Liquidity Deposits) of the Rules, id. requirements. Despite these proposed Need’’); and (2) the 30 (or fewer) 19 See Section 7 of Rule 4(A) (Supplemental changes, the structure of Rule 4(A) and unaffiliated Members or Affiliated Liquidity Deposits) of the Rules, id. the fundamental mechanics of the SLD 20 See Section 10 of Rule 4(A) (Supplemental Families (defined in Rule 4(A) as requirements would be unchanged. ‘‘Special Activity Liquidity Providers’’) Liquidity Deposits) of the Rules, id. 21 See definition of ‘‘Special Activity Prefund that presented the largest liquidity Deposit’’ in Section 2 of Rule 4(A) (Supplemental Liquidity Deposits) of the Rules, id. 24 See Section 13(b) of Rule 4(A) (Supplemental 14 See Section 2 of Rule 4(A) (Supplemental 22 See id. Liquidity Deposits) of the Rules, id. Liquidity Deposits) of the Rules, supra note 4. 23 See Section 13 of Rule 4(A) (Supplemental 25 See Section 13(c) and Section 14 of Rule 4(A) 15 See id. Liquidity Deposits) of the Rules, id. (Supplemental Liquidity Deposits) of the Rules, id. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15753 Proposed Daily Calculation of Liquid Resources’’). The result of that Each Supplemental Liquidity Supplemental Liquidity Deposits calculation would be a Supplemental Provider that has a Supplemental Supplemental Liquidity Providers. Liquidity Provider’s SLD requirement Liquidity Obligation on a Business Day Under the proposed Rule 4(A), each (defined in the proposed Rule 4(A) as a would receive a notice from NSCC of Business Day NSCC would determine ‘‘Supplemental Liquidity Obligation’’) the amount of its Supplemental the 30 (or fewer) Members (each such for that day. If the Daily Liquidity Need Liquidity Obligation and would be Member a ‘‘Supplemental Liquidity of a Supplemental Liquidity Provider required to make a deposit in that Provider’’) that had the ‘‘Peak Liquidity does not exceed NSCC’s Qualifying amount to the Clearing Fund within one Need,’’ which would be defined as the Liquid Resources on that day, then it hour of such notice. The proposed largest Daily Liquidity Need that NSCC would not have a Supplemental timing of funding a Supplemental would have for that Member or Liquidity Obligation. Liquidity Obligation would mirror the Affiliated Family in a ‘‘Lookback Because this calculation would be current requirement that is applied to Period.’’ 26 For purposes of this done at the start of each Business Day Members’ Required Fund Deposits, calculation, Daily Liquidity Need would (as discussed further below), it would be which is also calculated and collected be defined as the amount of liquid based on the Qualifying Liquid daily, and must be funded within one resources needed to effect the settlement Resources, including Required Fund hour of demand.29 Specifically, NSCC of NSCC’s payment obligations as a Deposits to the Clearing Fund, available expects to deliver notification of central counterparty over a three day to NSCC as of the end of the prior Supplemental Liquidity Obligations to settlement cycle, assuming the default Business Day. Additionally, in order to Supplemental Liquidity Providers by of that Member on that day. anticipate market conditions that could around 8:30 a.m. ET each Business Day, As described above, Supplemental cause Qualifying Liquid Resources to be with deposits required by no later than Liquidity Providers are currently unavailable on that day, NSCC would 9:30 a.m. ET. identified by reviewing Members’ apply stress scenarios in determining its Proposed Pro Rata Calculation of Special Activity Peak Liquidity total Qualifying Liquid Resources for Supplemental Liquidity Obligations. As Exposures over the Lookback Period. purposes of Rule 4(A). Currently, NSCC an alternative to the calculation of Under the proposed approach, NSCC applies stress scenarios in determining Supplemental Liquidity Obligations would base this determination on the Special Activity Daily Liquidity described above, proposed Rule 4(A) Members’ Peak Liquidity Need, which Need and, in practice, they are currently would also state that, in the event two would continue to identify those applied to the Other Qualifying Liquid or more Supplemental Liquidity Members whose activity posed the Resources in this calculation under the Providers have a Supplemental 27 largest liquidity risks to NSCC during current Rule 4(A). The proposed Liquidity Obligation of more than $2 the Lookback Period. The proposed change would allow NSCC to continue billion on a Business Day, calculated approach would no longer require a to assume stressed markets in its SLD pursuant to the calculation described calculation using NSCC’s available calculations, which protects it against above, NSCC may determine the 28 liquid resources on each day in the unexpected market events. The Supplemental Liquidity Obligation of Lookback Period but would use a proposed changes to Rule 4(A) would all Supplemental Liquidity Providers on simpler approach by looking only at make it clearer how these stress that day would be their pro rata share liquidity need. The proposed approach scenarios are applied. of the largest Supplemental Liquidity to use a simpler calculation would Under this proposed calculation, Obligation calculated on that Business NSCC would no longer need to estimate reduce the risk of error and would Day.30 the potential liquidity need a Member’s clarify the description of how NSCC This proposed alternative calculation activity could pose to NSCC based on would identify Supplemental Liquidity of the Supplemental Liquidity activity that settled in the Lookback Providers in the proposed Rule 4(A), Obligations would provide NSCC with Period. Instead, the Supplemental making it more predictable to Members. the option of collecting only the largest Supplemental Liquidity Obligation. Liquidity Obligation of a Member would SLD calculated on a Business Day, After NSCC determines the be calculated based on the actual allocated among each of the Supplemental Liquidity Providers, liquidity exposure that its daily activity Supplemental Liquidity Providers. The would pose to NSCC on that particular NSCC would then determine if any of purpose of this proposed provision is to day in the event of that Member’s the Supplemental Liquidity Providers provide NSCC with the option of default. The proposed change provides would be required to pay an SLD on that collecting enough funds to meet its both NSCC and Members with a more Business Day. The proposed Rule 4(A) regulatory requirements in reliable measure of the liquidity risks would use a simplified calculation by circumstances when the aggregate posed to NSCC by its Members’ daily determining if the Daily Liquidity Need settlement activity in calculating SLD for each Supplemental Liquidity 29 See Section II(B) of Procedure XV (Clearing requirements. Provider on that Business Day exceeds Fund Formula and Other Matters) of the Rules, supra note 4. the sum of NSCC’s qualifying liquid 27 Current Rule 4(A) uses the defined term ‘‘Other 30 As an example, the Supplemental Liquidity resources available to NSCC on that day, Qualifying Liquid Resources’’ to refer to NSCC’s Obligations for three Supplemental Liquidity assuming stressed market conditions qualifying liquid resources other than the Clearing Providers on a Business Day are—Member A: $6 (described below) (defined in the Fund and the Line of Credit. See Section 2 of Rule billion, Member B: $2 billion and Member C: $1 4(A) (Supplemental Liquidity Deposits) of the billion. If NSCC determines, in its sole discretion, proposed Rule 4(A) as ‘‘Qualifying Rules, id. to calculate their Supplemental Liquidity 28 NSCC would apply the same stress scenarios Obligations on a pro-rata basis, then their 26 The ‘‘Lookback Period’’ would continue to be that it currently applies, which include the market Supplemental Liquidity Obligations would be— defined as 24 months, or a longer period as shocks of 1987, and removing the largest Member A: $4 billion (or 6⁄9 of the largest determined by NSCC in its discretion. NSCC may commitment to the Line of Credit, excess deposits Supplemental Liquidity Obligation of $6 billion), adjust the Lookback Period if, for example, unusual to the Clearing Fund on deposit and proceeds from Member B: $1.3 billion (or 2⁄9 of the $6 billion) and activity observed in the Lookback Period is not an issued commercial paper that is maturing within Member C: $700 million (or 1⁄9 of the $6 billion). appropriate indicator of future settlement activity five Business Days from NSCC’s Qualifying Liquid The notice provided to each Supplemental and causes a Member to be a Supplemental Resource. Any changes to these stress scenarios Liquidity Provider on that Business Day would Liquidity Provider. See Section 2 (Defined Terms) would be announced by an Important Notice posted inform those Members that this pro-rata calculation of Rule 4(A), id. to NSCC’s website. was applied. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15754 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices Supplemental Liquidity Obligations on SLD on an intraday basis if a ability to make an Intraday a particular day would significantly Supplemental Liquidity Provider’s Supplemental Liquidity Call on any exceed that amount. Therefore, NSCC increased activity levels or projected Business Day. The amount of an has structured this provision to be settlement activity causes NSCC’s Daily Intraday Supplemental Liquidity Call available only if two or more Liquidity Need to exceed NSCC’s would be the difference between Supplemental Liquidity Providers owe Qualifying Liquid Resources. This NSCC’s Daily Liquidity Need, SLD of more than $2 billion. NSCC has proposed provision would assist NSCC recalculated for that Business Day never had two more Supplemental in mitigating increased liquidity taking into account any increase in Liquidity Providers owe more than $2 exposures in specified circumstances. settlement activity, and NSCC’s billion in SLD on a calculation date First, proposed Rule 4(A) would Qualifying Liquid Resources. This since Rule 4(A) was adopted. Therefore, establish a monthly Intraday proposed provision would allow NSCC NSCC believes this alternative Supplemental Liquidity Call that is to adjust the amount of SLD it collects calculation would only be available in calculated and collected, when for a Business Day in circumstances very limited circumstances. applicable, on the first Business Day of when NSCC believes it is necessary to Furthermore, NSCC believes the an Options Expiration Activity Period, accelerate the collection of additional threshold of $2 billion is appropriate as which is typically a Friday.32 This SLD from Supplemental Liquidity it would only permit this alternative Intraday Supplemental Liquidity Call Providers whose activity may present calculation in circumstances when it would be calculated as the difference relatively greater risks to the NSCC on would have a material impact on the between (1) NSCC’s Daily Liquidity an overnight basis. NSCC would allocation of Supplemental Liquidity Need, recalculated to account for both determine if an Intraday Supplemental Obligations among the Supplemental actual settlement activity submitted to Liquidity Call is appropriate based on a Liquidity Providers. NSCC over the course of Business Day variety of factors and circumstances, In such circumstances, when multiple and projected activity in stock options including, but not limited to, an Members have relatively large that is expected to be submitted to assessment of a Supplemental Liquidity Supplemental Liquidity Obligations of NSCC 33 and (2) NSCC’s Qualifying Provider’s ability to meet its projected more than $2 billion, NSCC would have Liquid Resources. Settlement activity settlement or Supplemental Liquidity the option to determine if it is may net with (and offset) the activity Obligations and estimates of settlement appropriate to collect the largest SLD that NSCC uses in re-calculating the activity that could offset settlement calculated for that Business Day, Daily Liquidity Need. In order to exposures and are not reflected in divided pro rata among the account for any potential offsetting NSCC’s liquidity estimates. Supplemental Liquidity Providers rather settling activity, NSCC would adjust the Returns of SLD and Miscellaneous than collect the each of the re-calculated Daily Liquidity Need using Matters. Proposed Rule 4(A) would Supplemental Liquidity Obligations of an estimated netting percentage that is provide that NSCC would return SLD, those firms. NSCC may determine, for based on each Supplemental Liquidity including any SLD funded pursuant to example, that, in certain market Provider’s average percentage of netting an Intraday Supplemental Liquidity conditions, this approach would be observed over the prior 24 months. Call, on the next Business Day unless appropriate to alleviate liquidity Under this proposed provision, NSCC such amounts are held longer by NSCC pressures on Supplemental Liquidity would adjust the amount of SLD it pursuant to proposed Section 12a of Providers. This alternative calculation collects in order to mitigate the Rule 4(A), as described below. Under would allow NSCC to collect sufficient increased liquidity exposures related to the current Rule 4(A), NSCC may hold qualifying liquid resources to meet its the monthly expiration of stock options. SLD for up to seven Business Days after regulatory obligations with respect to Second, proposed Rule 4(A) would the end of the applicable Options liquidity risk management without allow NSCC to call for additional SLD Expiration Activity Period and may requiring all of the Supplemental on an intraday basis on any Business hold SLD funded pursuant to a Special Liquidity Providers to fund the total Day if a Supplemental Liquidity Activity Liquidity Call for up to 90 days amount of their calculated Provider’s increased activity levels after such deposit is made. Under the Supplemental Liquidity Obligation on causes NSCC’s Daily Liquidity Need to proposed change, because NSCC would that Business Day.31 exceed NSCC’s Qualifying Liquid recalculate the Supplemental Liquidity Intraday Supplemental Liquidity Resources and NSCC determines, in its Obligations each Business Day, NSCC Calls. The proposed Rule 4(A) would sole discretion, that it is appropriate to would no longer need to hold SLD for also establish Intraday Supplemental require an additional intraday SLD from these extended periods. Liquidity Calls that would replace the that Supplemental Liquidity Provider in NSCC would amend proposed Section current Special Activity Liquidity Calls. order to mitigate those additional 12a (currently Section 13a) of Rule 4(A) The existing Special Activity Liquidity liquidity exposures. Under this to clarify that SLD, as part of Members’ Calls are designed to address increases proposed change, NSCC would have the actual deposit to the Clearing Fund, in NSCC’s liquidity need between would be subject to the provision of calculation dates. The proposed 32 The proposed Rule 4(A) will retain the existing Section 9 of Rule 4. Section 9 of Rule Intraday Supplemental Liquidity Calls definition of an Options Expiration Activity Period for purposes of this monthly Intraday Supplemental 4 addresses NSCC’s right to withhold all would serve a similar function, allowing Liquidity Call. or any part of any excess deposit of a NSCC to calculate and collect additional 33 Each Business Day, NSCC receives information Member if such Member has been regarding projected settlement activity from The placed on the Watch List pursuant to 31 Rule 17Ad–22(e)(7)(i) under the Act requires, Options Clearing Corporation pursuant to a Stock the Rules or if NSCC determines that the in part, that NSCC maintain sufficient liquid and Futures Settlement Agreement (‘‘OCC resources at the minimum to effect same-day Accord’’). The OCC Accord provides for the Member’s anticipated activities in NSCC settlement of payment obligations with a high clearance and settlement of exercises and in the near future may reasonably be degree of confidence under a wide range of assignments of options on eligible securities or the expected to be materially different than foreseeable stress scenarios, including the default of maturity of eligible stock futures contracts through 34 the participant family that would generate the NSCC. See Securities Exchange Act Release No. its activities of the recent past. Current largest aggregate payment obligation for the covered 81260 (July 31, 2017), 82 FR 36484 (August 4, 2017) clearing agency in extreme but plausible market (File Nos. SR–NSCC–2017–803; SR–OCC–2017– 34 For example, this may occur when an index conditions. 17 CFR 240.17Ad–22(e)(7)(i). 804). rebalancing occurs shortly after a month-end VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15755 Section 13a of Rule 4(A) addresses how amending the current Rule 4(A). The settlement cycle, to reflect the SLD are treated pursuant to other Rules, specific changes to implement the amendment to Rule 15c6–1(a) under the particularly Rule 4, which addresses proposal are described below. Act to shorten the standard settlement Members’ deposits to the Clearing Fund. Section 1 (Overview). NSCC is cycle for most broker-dealer While this proposal would not change proposing changes to Section 1 of Rule transactions.36 Additionally, NSCC NSCC’s rights with respect to these 4(A) to simplify the descriptions by would move the defined term for funds, it would provide Members with removing outdated and unnecessary ‘‘Options Expiration Activity Period’’ greater transparency into how SLD are language. Section 1 of Rule 4(A) would within Section 2 of the proposed Rule treated under Rule 4. continue to provide the rationale for the 4(A) so it continues to appear NSCC would also amend the SLD requirement, by describing NSCC’s alphabetically, but is not proposing to provision in Rule 4(A) that addresses liquidity needs and how the SLD change the definition of this term. when SLD would be returned to a requirements are designed to contribute Third, the proposed changes to Member that ceases to be a participant. to meeting those needs. However, the Section 2 of Rule 4(A) would include Currently, Rule 4(A) states that SLD are proposed changes would simplify this one defined term for ‘‘Qualifying Liquid not subject to Section 7 of Rule 4 (which section by removing a statement that Resources’’ to refer to all default addresses how Required Fund Deposits specifically identifies two of NSCC’s liquidity resources available to NSCC to are returned to retired Members) and, as principal sources of liquidity and would settle its payment obligations as a such, are returned to retired Members as instead more generally refer to NSCC’s central counterparty. As discussed in otherwise provided for in Rule 4(A).35 sources of liquidity. The proposed greater detail above, the defined term Under the proposed Rule 4(A), because changes to Section 1 of Rule 4(A) would would provide that NSCC may apply NSCC would be able to calculate SLD also remove references to options stressed market assumptions to its each Business Day, it would return SLD expiration activity periods, which Qualifying Liquid Resources when on the Business Day following the would no longer be applicable to the applying these resources in the calculation date. However, while a firm SLD requirement under this proposal. calculations made under Rule 4(A). In may still have unsettled activity on the Section 2 (Defined Terms). NSCC is connection with this proposed change, day it retires, NSCC would not be able proposing several changes to Section 2 NSCC would remove the defined terms to collect SLD on the days following a of Rule 4(A) in order to implement this ‘‘Commitment’’ and ‘‘Credit Facility,’’ Member’s retirement. Therefore, NSCC proposal. As described below, the which were used in the current Rule is proposing to amend Rule 4(A) to proposed changes to the defined terms 4(A) to refer to NSCC’s Line of Credit, require that SLD of a retired Member be address the change in timing of the SLD and would remove ‘‘Other Qualifying treated similarly to other cash Required requirement to occur each Business Day Liquid Resources,’’ which was used to Fund Deposits to the Clearing Fund and and would improve the transparency of refer to NSCC’s liquid resources other be held by NSCC for 30 calendar days Rule 4(A) through simplified and clearer than the Clearing Fund and the Line of after any of its open transactions have defined terms. Credit. This proposed change would settled and obligations have been First, Section 2 of proposed Rule 4(A) simplify Rule 4(A) and would account satisfied. This proposed change would would remove the definition of ‘‘Special for NSCC’s continuing efforts to expand protect NSCC from liquidity risks Activity Calculation Date,’’ which is and diversify its default liquidity presented by open transactions in the tied to the monthly Options Expiration resources. The proposed change would days following a firm’s retirement and Activity Period, and instead would use also clarify that Qualifying Liquid would align the treatment of these funds the term ‘‘Business Day’’ throughout Resources would not include SLD for with the treatment of Required Fund proposed Rule 4(A), where appropriate. purposes of the calculations in Rule Business Day is currently defined in Deposits of retired Members. 4(A). The proposed Rule 4(A) would also Rule 1 as any day on which NSCC is Fourth, the proposed changes would simplify the additional miscellaneous open for business. Therefore, this move certain calculations out of the provisions applicable to SLD, which proposed change would provide for the defined terms in Section 2 and include address, for example, NSCC’s right to calculation of SLD requirements on each them in the relevant later sections of debit Members’ accounts at NSCC if a day that NSCC is open for business. Rule 4(A). This proposed change would Second, Section 2 of the proposed Supplemental Liquidity Provider fails to simplify and clarify Rule 4(A), which Rule 4(A) revise other defined terms meet its Supplemental Liquidity currently requires a reader to refer back that use the phrase ‘‘Special Activity’’ to Obligation, and the information NSCC to the defined terms in Section 2 when either remove that phrase or, when makes available to Supplemental reading the calculations and appropriate, to replace this phrase with Liquidity Providers each Business Day requirements set forth in later sections the term ‘‘Supplemental.’’ For example, regarding SLD calculations. While the of Rule 4(A). For example, Section 2 of NSCC would revise the defined term proposed changes would update and Rule 4(A) currently includes the ‘‘Special Activity Daily Liquidity Need’’ simplify these provisions, they would calculation of ‘‘Special Activity Peak to ‘‘Daily Liquidity Need,’’ and would not significantly alter the structure of Liquidity Exposure’’ and ‘‘Special revise the defined term ‘‘Special these provisions, as described below. Activity Peak Liquidity Need.’’ In the Activity Liquidity Provider’’ to proposed Rule 4(A), NSCC would no Proposed Changes to Rule 4(A) ‘‘Supplemental Liquidity Provider.’’ The longer use the calculation of Special The proposal described above would phrase ‘‘Special Activity’’ was used in Activity Peak Liquidity Exposure in be implemented into the Rules by the current Rule 4(A) to refer to the determining the Supplemental Liquidity Options Expiration Activity Period, Providers or in calculating those options expiration period, which could cause an which would only be applicable to the requirements. The calculation of Peak increase in NSCC’s liquidity exposures. monthly intraday SLD in the proposed Liquidity Need, which would replace 35 Section 7 of Rule 4 provides that Required Rule 4(A). Special Activity Peak Liquidity Need, Fund Deposits to the Clearing Fund in the form of NSCC would also update the would be moved out of Section 2 and cash and securities are returned to retired Members within 30 calendar days after all of its transactions definition of Daily Liquidity Need to into Section 3, where that calculation have settled and obligations have been satisfied. See change a reference from a four-day supra note 4. settlement cycle to a three-day 36 See 17 CFR 240.15c6–1. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15756 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices would be described as being used to calculation of Supplemental Liquidity substantially amend the purpose or identify Supplemental Liquidity Obligations, as described in greater application of these sections. Providers. detail above. Section 11 (currently Section 12) of Finally, the proposed changes to Proposed changes to Sections 5 and 6 Rule 4(A) provides that the Section 2 of Rule 4(A) would remove of Rule 4(A) would update the defined Supplemental Liquidity Obligations of defined terms that are no longer needed terms and the timing by when Affiliated Families are the several when NSCC calculates SLD Supplemental Liquidity Providers must obligations of all of the Members of the requirements daily. For example, NSCC fund their Supplemental Liquidity Affiliated Family ratably in proportion would remove defined terms that are Obligations to reflect the change of these to their applicable Special Activity Peak related to the Options Expiration obligations to daily. Proposed changes Liquidity Exposure. NSCC would not Activity Period, including ‘‘Special to Section 6 of Rule 4(A) would state change this provision but would update Activity Business Day,’’ which is that the notice provided to it to use revised defined terms. NSCC currently defined as a Business Day Supplemental Liquidity Providers would also amend Section 11 by included in an Options Expiration regarding their Supplemental Liquidity consolidating two parallel paragraphs Activity Period. NSCC would also Obligations would state if that amount into subsection b., which address remove the defined term for ‘‘Special was calculated pursuant to Section 4b as NSCC’s right to collect SLD from Activity Prefund Deposit’’ because it a pro rata share of the largest Supplemental Liquidity Providers. This would no longer be necessary for Supplemental Liquidity Obligation of proposed change would simplify the Members to prefund their potential SLD that Business Day. provision but would not make requirement in advance of NSCC’s Section 7 (Determination of Intraday substantive changes to NSCC’s rights or calculations when they are done on a Supplemental Liquidity Calls) and Members’ obligations. daily basis. Section 8 (Satisfaction of Intraday Section 12 (currently Section 13), Section 3 (Supplemental Liquidity Supplemental Liquidity Calls). NSCC which addresses how SLD are treated Providers). NSCC is proposing to amend would amend Sections 7 and 8 of Rule under Rule 4, would be amended to Section 3 to describe how NSCC would 4(A) to reflect the removal of the Special update defined terms and to clarify that identify the Supplemental Liquidity Activity Liquidity Calls and the SLD may be held by NSCC as part of Providers for each Business Day. adoption of the two Intraday Members’ actual deposits to the Clearing Section 3 of the proposed Rule 4(A) Supplemental Liquidity Calls, as Fund, pursuant to Section 9 of Rule 4. would state that, each Business Day, described in greater detail above. The No substantive changes are proposed to NSCC would determine the Peak proposed changes to these sections this Section. Liquidity Need of each Member during Section 13 (currently Section 14) would also update defined terms, as the Lookback Period, and would describes NSCC’s obligation to provide appropriate. identify the Supplemental Liquidity Members with certain information Providers for that Business Day as the Returns of Supplemental Liquidity regarding its SLD calculation. NSCC is 30 (or fewer) Members with the largest Deposits—Section 9 (Deposits Made in proposing to amend this section to Peak Liquidity Need in that time period. Satisfaction of a Supplemental Liquidity include updated defined terms and to These changes would implement the Obligation) and Section 10 (Ceasing to reflect the daily calculation of SLD. proposal described in greater detail be a Participant). NSCC is proposing to above to make this calculation daily and consolidate the current Sections 9 and (iv) Impact Study Results to simplify the calculation used to 10 of Rule 4(A) into a new Section 9 of NSCC has provided the Commission identify Supplemental Liquidity Rule 4(A), which would address the with the results of an impact study that Providers by using Peak Liquidity Need return of SLD that are made in reviewed the proposal against the rather than using the largest exposures satisfaction of both Supplemental observed regulatory liquidity needs and of all providers in the Lookback Period. Liquidity Obligations and Intraday NSCC’s Qualifying Liquid Resources Section 4 (Supplemental Liquidity Supplemental Liquidity Calls. The available during the period from 2016 Obligations); Section 5 (Satisfaction of proposed changes would provide that through 2020 to assess both pro-forma Supplemental Liquidity Obligations); SLD made pursuant to either and hypothetical impacts of the and Section 6 (Notice of Supplemental Supplemental Liquidity Obligations and proposal under various liquidity Liquidity Obligations and Payment of Intraday Supplemental Liquidity Calls scenarios. Supplemental Liquidity Deposits). would be returned to Supplemental Pro-Forma Impact Study. The pro- NSCC would amend Sections 4, 5 and Liquidity Providers on the next forma impact study compared NSCC’s 6 of Rule 4(A) to describe the simplified Business Day after the calculation date, regulatory liquidity needs against the calculation of Supplemental Liquidity unless otherwise notified by NSCC. Qualifying Liquid Resources that were Obligations, and the process by which NSCC would amend Section 10 available between 2016 and 2020. The Supplemental Liquidity Providers (currently Section 11) to align the pro-forma analysis indicated that NSCC would pay their Supplemental Liquidity treatment of SLD of a retired Member would expect between 1 and 3 Obligations after being notified by with the treatment of such firm’s Supplemental Liquidity Obligations per NSCC. Proposed changes to Section 4 Required Fund Deposits, as described in year, ranging in size between $1.0 would implement the revised greater detail above. billion to $5.4 billion in 2016 through calculation of Supplemental Liquidity Miscellaneous Matters—Section 11 2019. In calendar year 2020, the impact Obligations, described in greater detail (Obligations of Affiliated Families and study shows that available Qualifying above, as the difference between a Supplemental Liquidity Providers), Liquid Resources for each date would Supplemental Liquidity Provider’s Daily Section 12 (Application of have eliminated potential Supplement Liquidity Need for that Business Day Supplemental Liquidity Deposits) and Liquidity Obligations. and the Qualifying Liquid Resources Section 13 (Information). NSCC would Additionally, this impact study available to NSCC on that day. The amend Sections 11, 12 and 13 (currently showed between 4 and 27 actual proposed changes would also create a Sections 12, 13 and 14) of Rule 4(A) to Supplemental Liquidity Obligations subsection b. of Section 4 to describe update and simplify these provisions. were received by NSCC per year, the optional, alternative pro rata The proposed amendments would not typically averaging $3.6 billion during VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15757 this same period, including 9 actual it to complete end-of-day settlement in calculation and collection of SLD and, Supplemental Liquidity Obligations the event of the default of a Member. therefore, would improve NSCC’s received by NSCC in 2020. The proposed intraday SLD would management of the liquidity risks posed Hypothetical Impact Study. NSCC allow NSCC to re-calculate its liquidity to it by its Members’ daily settlement also developed several hypothetical exposures and collect sufficient activity. Additionally, the proposal liquidity scenarios to assess the liquidity to allow it to complete end-of- would establish a monthly intraday SLD proposal’s impact. When hypothetical day settlement in the event of the collection in connection with options Qualifying Liquid Resources available to default of a Member. The proposed pro expiration activity that present heighted NSCC are between $17 billion and $22 rata alternative calculation of SLD liquidity exposures, and an optional billion, NSCC would expect between 7 would allow NSCC to opt to collect only intraday SLD that NSCC may collect and 36 Supplemental Liquidity the largest Supplemental Liquidity when it deems appropriate to mitigate Obligations per year, ranging in size Obligation calculated for that Business any increased liquidity exposures or in between $2.1 billion to $4.6 billion Day, while still meeting NSCC’s light of other circumstances. These each; and (2) when the hypothetical applicable regulatory obligations. proposed intraday SLD would allow Qualifying Liquid Resources available to By providing NSCC with a more NSCC to re-calculate its liquidity NSCC are $22 billion or above, NSCC effective measurement of its liquidity exposures and collect sufficient would expect between 1 and 5 exposures, the proposed changes would liquidity to allow it to complete end-of- Supplemental Liquidity Obligations per also mitigate risk for Members because day settlement in the event of the year, ranging in size between $2.1 lowering the risk profile for NSCC default of a Member. Further, the billion to $6.8 billion each. would in turn lower the risk exposure proposed pro rata alternative calculation NSCC has also provided the that Members may have with respect to of SLD would allow NSCC to opt to Commission with details of potential NSCC in its role as a central collect only the largest Supplemental impacts of the proposal on the largest 50 counterparty. Liquidity Obligation calculated for that Affiliated Families, a list of the 30 Business Day, while still meeting Affiliated Families with the largest Consistency With the Clearing NSCC’s applicable regulatory liquidity exposures as of December 31, Supervision Act obligations. 2020, and the respective Affiliated Although the Clearing Supervision The proposal would strengthen Families’ maximum and average NSCC Act does not specify a standard of NSCC’s ability to maintain sufficient liquidity needs for each calendar year review for an advance notice, its stated liquidity to complete end-of-day between 2016 and 2020. purpose is instructive: To mitigate settlement in the event of the default of systemic risk in the financial system a Member by allowing NSCC to collect (v) Implementation Timeframe and promote financial stability by, SLD each Business Day from those NSCC would implement the proposed among other things, promoting uniform Members that pose the largest liquidity changes no later than 10 Business Days risk management standards for exposures to NSCC on that day. after the later of the no objection to the systemically important financial market Therefore, because the proposed advance notice and approval of the utilities and strengthening the liquidity changes are designed to enable NSCC to related proposed rule change 37 by the of systemically important financial better limit the liquidity exposures it Commission. NSCC would announce market utilities.38 would face in the event of a Member the effective date of the proposed NSCC believes that the proposal is default, NSCC believes the proposal changes by Important Notice posted to consistent with the Clearing promotes robust risk management. its website. Supervision Act, specifically with the As a result, NSCC believes the Anticipated Effect on and Management risk management objectives and proposal is consistent with the of Risk principles of Section 805(b), and with objectives and principles of Section certain of the risk management 805(b) of the Clearing Supervision NSCC believes that the proposed standards adopted by the Commission Act,41 which specifies the promotion of changes to calculate and collect, when pursuant to Section 805(a)(2), for the robust risk management, promotion of applicable, SLD on both a daily basis reasons described below.39 safety and soundness, reduction of and, in some cases, on an intraday basis, systemic risks, and support of the (i) Consistency With Section 805(b) of and the proposed changes to implement stability of the broader financial system the Clearing Supervision Act an alternative pro rata calculation of by, among other things, strengthening Members’ SLD obligations in certain NSCC believes the proposal is the liquidity of systemically important circumstances, as described above, consistent with the objectives and financial market utilities, such as NSCC. would enable NSCC to better limit its principles of the risk management liquidity exposures to Members’ daily standards described in Section 805(b) of (ii) Consistency With Rules 17Ad– settlement activity. the Clearing Supervision Act.40 The 22(e)(7)(i) and (ii) Under the Act The proposed changes to calculate proposal would allow NSCC to calculate NSCC believes the proposed changes and collect, when applicable, SLD on a and collect, when applicable, SLD on a are consistent with the requirements of daily basis would improve NSCC’s daily basis and would implement an the Act and the rules and regulations ability to estimate its liquidity alternative pro rata calculation of thereunder applicable to a registered exposures in the calculation and Members’ SLD obligations in certain clearing agency. In particular, NSCC collection of SLD by using daily circumstances, as described above. By believes the proposed changes are activity, rather than estimating potential using daily activity in these consistent with Rules 17Ad–22(e)(7)(i) exposures based on activity in a look- calculations, the proposed change and (ii), each promulgated under the back period. In this way, the proposed would improve NSCC’s ability to Act,42 for the reasons described below. change would improve NSCC’s liquidity estimate its liquidity exposures in the Rule 17Ad–22(e)(7)(i) under the Act risk management by supplementing its requires that NSCC establish, liquidity resources that are available to 38 12 U.S.C. 5461(b). 39 12 U.S.C. 5464(a)(2) and (b). 41 Id. 37 Supra note 3. 40 12 U.S.C. 5464(b). 42 17 CFR 240.17Ad–22(e)(7)(i) and (ii). VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15758 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices implement, maintain and enforce 17Ad–22(a)(14) under the Act,46 and IV. Solicitation of Comments written policies and procedures would support NSCC’s ability to hold reasonably designed to maintain qualifying liquid resources sufficient to Interested persons are invited to sufficient liquid resources at the meet the minimum liquidity resource submit written data, views and minimum in all relevant currencies to requirement under Rule 17Ad– arguments concerning the foregoing, effect same-day and, where appropriate, 22(e)(7)(i), as required by Rule 17Ad– including whether the advance notice is intraday and multiday settlement of 22(e)(7)(ii). Additionally, the proposed consistent with the Clearing payment obligations with a high degree alternative pro-rata calculation of Supervision Act. Comments may be of confidence under a wide range of Supplemental Liquidity Obligations submitted by any of the following foreseeable stress scenarios that would provide NSCC with flexibility to methods: determine how the total amount includes, but is not limited to, the Electronic Comments default of the participant family that collected on a Business Day, while would generate the largest aggregate continuing to collect and hold sufficient • Use the Commission’s internet payment obligation for NSCC in extreme liquidity to allow it to complete end-of- comment form (http://www.sec.gov/ but plausible market conditions.43 Rule day settlement in the event of the rules/sro.shtml); or 17Ad–22(e)(7)(ii) under the Act requires default of the Member with the largest • Send an email to rule-comments@ that NSCC establish, implement, payment obligations, as required by maintain and enforce written policies Rule 17Ad-22(e)(7)(i).47 As such, this sec.gov. Please include File Number SR– and procedures reasonably designed to proposed change would support NSCC’s NSCC–2021–801 on the subject line. hold qualifying liquid resources ability to hold sufficient qualifying Paper Comments sufficient to meet the minimum liquid resources to meet its minimum liquidity resource requirement under liquidity resource requirement under • Send paper comments in triplicate Rule 17Ad–22(e)(7)(i) in each relevant Rule 17Ad–22(e)(7)(i) and (ii).48 to Secretary, Securities and Exchange currency for which NSCC has payment III. Date of Effectiveness of the Advance Commission, 100 F Street NE, obligations owed to its Members.44 Notice, and Timing for Commission Washington, DC 20549. As described above, the proposal Action All submissions should refer to File would strengthen NSCC’s ability to The proposed change may be Number SR–NSCC–2021–801. This file maintain sufficient liquidity to complete implemented if the Commission does number should be included on the end-of-day settlement in the event of the not object to the proposed change subject line if email is used. To help the default of a Member. The proposal within 60 days of the later of (i) the date Commission process and review your would do this by allowing NSCC to that the proposed change was filed with comments more efficiently, please use calculate and collect, when applicable, the Commission or (ii) the date that any only one method. The Commission will SLD every Business Day from those additional information requested by the post all comments on the Commission’s Members that pose the largest liquidity Commission is received. The clearing internet website (http://www.sec.gov/ exposures to NSCC on that day. The agency shall not implement the rules/sro.shtml). Copies of the proposal would also include a proposed change if the Commission has submission, all subsequent mechanism to allow NSCC to collect any objection to the proposed change. amendments, all written statements SLD on an intraday basis, including on with respect to the advance notice that the first Business Day of the Options The Commission may extend the period for review by an additional 60 are filed with the Commission, and all Expiration Activity Period, when written communications relating to the liquidity exposures are historically days if the proposed change raises novel or complex issues, subject to the advance notice between the higher. These resources would be Commission and any person, other than available to NSCC to complete end-of- Commission providing the clearing agency with prompt written notice of those that may be withheld from the day settlement in the event of the public in accordance with the default of a Member. Further, SLD are the extension. A proposed change may be implemented in less than 60 days provisions of 5 U.S.C. 552, will be currently, and would continue to be, available for website viewing and held by NSCC at either its cash deposit from the date the advance notice is printing in the Commission’s Public account at the Federal Reserve Bank of filed, or the date further information Reference Room, 100 F Street NE, New York, at a creditworthy commercial requested by the Commission is Washington, DC 20549 on official bank, or in other investments pursuant received, if the Commission notifies the business days between the hours of to the Clearing Agency Investment clearing agency in writing that it does 10:00 a.m. and 3:00 p.m. Copies of the Policy.45 Therefore, SLD would not object to the proposed change and filing also will be available for continue to be considered a qualifying authorizes the clearing agency to liquid resource, as defined by Rule implement the proposed change on an inspection and copying at the principal earlier date, subject to any conditions office of NSCC and on DTCC’s website imposed by the Commission. (http://dtcc.com/legal/sec-rule- 43 17 CFR 240.17Ad–22(e)(7)(i). 44 17 CFR 240.17Ad–22(e)(7)(ii). For purposes of The clearing agency shall post notice filings.aspx). All comments received Rule 17Ad–22(e)(7)(ii), ‘‘qualifying liquid on its website of proposed changes that will be posted without change. Persons resources’’ are defined in Rule 17Ad–22(a)(14) as are implemented. submitting comments are cautioned that including, in part, cash held either at the central we do not redact or edit personal bank of issue or at creditworthy commercial banks. The proposal shall not take effect Supra note 7. until all regulatory actions required identifying information from comment 45 See Securities Exchange Act Release Nos. with respect to the proposal are submissions. You should submit only 79528 (December 12, 2016), 81 FR 91232 (December completed. information that you wish to make 16, 2016) (File Nos. SR–DTC–2016–007, SR–FICC– available publicly. All submissions 2016–005, SR–NSCC–2016–003); 84949 (December 46 should refer to File Number SR–NSCC– 21, 2018), 83 FR 67779 (December 31, 2018) (File 17 CFR 240.17Ad–22(a)(14). Nos. SR–DTC–2018–012, SR–FICC–2018–014, SR– 47 17 CFR 240.17Ad–22(e)(7)(i). 2021–801 and should be submitted on NSCC–2018–013). 48 17 CFR 240.17Ad–22(e)(7)(i) and (ii). or before April 8, 2021. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15759 By the Commission, by the Division of the most significant aspects of such the necessary resources and technology Trading and Markets, pursuant to delegated statements. to mitigate missed executions against authority.49 certain resting orders on the Exchange’s A. Self-Regulatory Organization’s Eduardo A. Aleman, Book. For example, Member A submits Statement of the Purpose of, and Deputy Secretary. an order that is posted to the Book and Statutory Basis for, the Proposed Rule [FR Doc. 2021–05993 Filed 3–23–21; 8:45 am] then Member B enters a marketable Change BILLING CODE 8011–01–P order to execute against Member A’s 1. Purpose resting order. Immediately thereafter, The Exchange proposes to adopt Member C sends a marketable order to SECURITIES AND EXCHANGE Exchange Rule 531(a) to provide for the execute against Member A’s resting COMMISSION new ‘‘Liquidity Taker Event Report’’ Order. Because Member B’s order is (the ‘‘Report’’). The Report is an received by the Exchange before [Release No. 34–91356; File No. SR– optional product 3 available to Member C’s order, Member B’s order EMERALD–2021–09] Members.4 Currently, the Exchange executes against Member A’s resting provides real-time prices and analytics order. The proposed Report would Self-Regulatory Organizations; MIAX in the marketplace. The Exchange provide Member C the data points Emerald, LLC; Notice of Filing of a believes the additional data points from necessary for that firm to calculate by Proposed Rule Change To Adopt the matching engine outlined below how much time they missed executing Exchange Rule 531, Reports, To may help Members gain a better against Member A’s resting order. The Provide for the New ‘‘Liquidity Taker understanding about their interactions Exchange proposes to provide the Event Report’’ with the Exchange. The Exchange Report on a T+1 basis. As further described below, the Report will be March 18, 2021. believes the Report will provide Members with an opportunity to learn specific and tailored to the Member that Pursuant to Section 19(b)(1) of the is subscribed to the Report and any data Securities Exchange Act of 1934 more about better opportunities to access liquidity and receive better included in the Report that relates to a (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Member other than the Member notice is hereby given that on March 5, execution rates. The proposed Report will increase transparency and receiving the Report will be 2021, MIAX Emerald, LLC (‘‘MIAX anonymized. Emerald’’ or ‘‘Exchange’’) filed with the democratize information so that all firms that subscribe to the Report have The Exchange proposes to provide the Securities and Exchange Commission access to the same information on an Report in response to Member demand (‘‘Commission’’) the proposed rule equal basis, even for firms that do not for data concerning the timeliness of change as described in Items I, II, and have the appropriate resources to their incoming orders and executions III below, which Items have been generate a similar report regarding against resting orders. Members have prepared by the Exchange. The interactions with the Exchange. None of periodically requested from the Commission is publishing this notice to the components of the proposed Report Exchange’s trading operations personnel solicit comments on the proposed rule include real-time market data. information concerning the timeliness change from interested persons. Members generally would use a of their incoming orders and efficacy of I. Self-Regulatory Organization’s liquidity accessing order if there is a their attempts to execute against resting Statement of the Terms of Substance of high probability that it will execute liquidity on the Exchange’s Book. The purpose of the Report is to provide the Proposed Rule Change against an order resting on the Exchange’s Book.5 The proposed Report Members the necessary data in a The Exchange proposes to adopt would identify by how much time an standardized format on a T+1 basis to Exchange Rule 531(a) to provide for the order that may have been marketable those that subscribe to the Report on an 6 new ‘‘Liquidity Taker Event Report’’. missed an execution. The proposed equal basis. The text of the proposed rule change Report will provide greater visibility Proposed Exchange Rule 531(a) would is available on the Exchange’s website at into the missed trading execution, provide that the Report is a daily report http://www.miaxoptions.com/rule- which will allow Members to optimize that provides a Member (‘‘Recipient filings/emerald at MIAX Emerald’s their models and trading patterns to Member’’) with its liquidity response principal office, and at the yield better execution results. Commission’s Public Reference Room. The proposed Report will be a 6 The proposed Report is based on a similar report provided by the NASDAQ Stock Market LLC II. Self-Regulatory Organization’s Member-specific report and will help (‘‘NASDAQ’’) for equity securities called the Missed Statement of the Purpose of, and Members to better understand by how Opportunity—Latency report as part of its NASDAQ much time a particular order missed Trader Insights offering. See NASDAQ Equity Statutory Basis for, the Proposed Rule Section 7, Rule 146(a)(2). See also Securities Change executing against a specific resting Exchange Act Release No. 78886 (September 20, order, thus allowing that Member to 2016), 81 FR 66113 (September 26, 2016) (SR– In its filing with the Commission, the determine whether it wants to invest in NASDAQ–2016–101) (Order Granting Approval of Exchange included statements Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, To Add NASDAQ Rule 7046 (Nasdaq concerning the purpose of and basis for 3 The Exchange intends to submit a separate filing the proposed rule change and discussed Trading Insights)) (‘‘NASDAQ Approval Order’’). with the Commission pursuant to Section 19(b)(1) NASDAQ later renumbered Rule 7046 as Equity any comments it received on the to propose fees for the Liquidity Taker Event Section 7, Rule 146. See Securities Exchange Act proposed rule change. The text of these Report. Release No. 84684 (November 29, 2018), 83 FR 4 statements may be examined at the The term ‘‘Member’’ means an individual or 62936 (December 6, 2018) (SR–NASDAQ–2018– organization approved to exercise the trading rights 098). See also the CME Group, Inc.’s Time and Sale places specified in Item IV below. The associated with a Trading Permit. Members are report. https://www.cmegroup.com/trading/about- Exchange has prepared summaries, set deemed ‘‘members’’ under the Exchange Act. See time-sales.html#:∼:text=CME%20Globex forth in sections A, B, and C below, of Exchange Rule 100. %20Options)-, CME%20Group’s%20Time%20% 26 5 The term ‘‘Book’’ means the electronic book of %20Sales%20report%20provides%20the% 20price buy and sell orders and quotes maintained by the %20and%20time,calendar%20date)%20of%20the 49 17 CFR 200.30–3(a)(91). System. See Exchange Rule 100. The term ‘‘System’’ %20transaction.&text=A%20zero%20volume 1 15 U.S.C. 78s(b)(1). means the automated trading system used by the %20represents%20an%20indicative%20price.,-The 2 17 CFR 240.19b–4. Exchange for the trading of securities. See id. %20Indicator%20column. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15760 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices time details for executions of an order (buy or sell); 15 and (G) displayed price Member identifier; (B) the time resting on the Book, where that and size of the resting order.16 difference between the time the first Recipient Member attempted to execute Execution Information. Rule response that executes against the against such resting order within a 531(a)(1)(ii) would provide that the resting order was received by the certain timeframe. following information would be Exchange and the time of each response included in the Report regarding the sent by the Recipient Member, Report Content execution of the resting order: (A) the regardless of whether it executed or Paragraph (a)(1) of Rule 531 would EBBO 17 at the time of execution; 18 (B) not; 23 (C) size and type of each response describe the content of the Report and the ABBO 19 at the time of execution; 20 submitted by Recipient Member; and (D) delineate which information would be (C) the time first response that executes response reference number, which is a provided regarding the resting order,7 against the resting order was received by unique reference number attached to the the response that successfully executed the Exchange and the size of the response by the Recipient Member. execution and type of the response; 21 against the resting order, and the Timeframe for Data Included in Report response submitted by the Recipient (D) the time difference between the time Member that missed executing against the resting order was received by the Paragraph (a)(2) of Rule 531 would the resting order. It is important to note Exchange and the time the first response provide that the Report would include that the content of the Report will be that executes against the resting order the data set forth under Rule 531(a)(1) specific to the Recipient Member and was received by the Exchange; 22 and (E) described above for executions and the Report will not include any whether the response was entered by contra-side responses that occurred information related to any Member the Recipient Member. If the resting within 200 microseconds of the time the other than the Recipient Member. The order executes against multiple contra- resting order was received by the Exchange will restrict all other market side responses, only the EBBO and Exchange. ABBO at the time of the execution participants, including the Recipient Scope of Data Included in the Report Member, from receiving another market against the first response will be Paragraph (a)(3) of Rule 531 would participant’s data. included. Recipient Member’s Response provide that the Report will only Resting Order Information. Rule Information. Rule 531(a)(1)(iii) would include trading data related to the 531(a)(1)(i) would provide that the provide that the following information Recipient Member and, subject to the following information would be would be included in the Report proposed paragraph (4) of Rule 531(a) included in the Report regarding the regarding response(s) sent by the described below, will not include any resting order: (A) the time the resting Recipient Member: (A) Recipient other Member’s trading data other than 8 order was received by the Exchange; that listed in paragraphs (1)(i) and (ii) of 9 (B) symbol; (C) order reference and ‘‘Registered Market Makers’’ collectively. See Exchange Rule 531(a) described number, which is a unique reference Exchange Rule 100. above.24 number assigned to a new order at the 15 This information is also included in the time of receipt; 10 (D) whether the NASDAQ report. See Nasdaq Approval Order at Historical Data Recipient Member is an Affiliate 11 of note 12, supra note 6. 16 This information is also included in the Paragraph (a)(4) of Rule 531 would the Member that entered the resting NASDAQ Report. See id. The Exchange notes that specify that the Report will contain order; 12 (E) origin type (e.g., Priority the displayed price and size are also disseminated historical data from the prior trading Customer,13 Market Maker 14); (F) side via the Exchange’s proprietary data feeds and the day and will be available after the end Options Price Reporting Authority (‘‘OPRA’’). The Exchange also notes that the displayed price of the of the trading day, generally on a T+1 7 Only displayed orders will be included in the resting order may be different than the ultimate basis. Report. The Exchange notes that it does not execution price. This may occur when a resting currently offer any non-displayed orders types on order is displayed and ranked at different prices 2. Statutory Basis its options trading platform. upon entry to avoid a locked or crossed market. 8 The Exchange believes the proposed This information is also included in the 17 The term ‘‘EBBO’’ means the best bid or offer NASDAQ report. See Nasdaq Approval Order at on the Exchange. See Exchange Rule 100. rule change is consistent with the Act note 12, supra note 6. The time the Exchange 18 Exchange Rule 531(a)(1)(ii)(B) would further and the rules and regulations received the resting order would be in nanoseconds provide that if the resting order executes against thereunder applicable to the Exchange and is the time the resting order was received by multiple contra-side responses, only the EBBO [sic] the Exchange’s System. and, in particular, the requirements of at the time of the execution against the first 25 9 This information is also included in the response will be included. Section 6(b) of the Act. Specifically, NASDAQ report. See id. 19 The term ‘‘ABBO’’ or ‘‘Away Best Bid or Offer’’ the Exchange believes the proposed rule 10 This information is also included in the means the best bid(s) or offer(s) disseminated by change is consistent with the Section NASDAQ report. See id. other Eligible Exchanges (defined in Exchange Rule 6(b)(5) 26 requirements that the rules of 11 The term ‘‘affiliate’’ of or person ‘‘affiliated 1400(g)) and calculated by the Exchange based on with’’ another person means a person who, directly, market information received by the Exchange from an exchange be designed to prevent or indirectly, controls, is controlled by, or is under OPRA. See Exchange Rule 100. common control with, such other person. See 20 Exchange Rule 531(a)(1)(ii)(A) would further 23 This information is also included in the Exchange Rule 100. provide that if the resting order executes against NASDAQ report. See Nasdaq Approval Order at 12 The Report will simply indicate whether the multiple contra-side responses, only the ABBO [sic] note 12, supra note 6. For purposes of calculating Recipient Member is Affiliate of the Member that at the time of the execution against the first this duration of time, the Exchange will use the entered the resting order and not include any other response will be included. time the resting order and the Recipient Member’s information that may indicate the identity of the 21 This information is also included in the response(s) is received by the Exchange’s network, Member that entered the resting order. NASDAQ report. See Nasdaq Approval Order at both of which would be before the order and 13 The term ‘‘Priority Customer’’ means a person note 12, supra note 6. The time the Exchange response(s) would be received by the System. This or entity that (i) is not a broker or dealer in received the response order would be in time difference would be provided in nanoseconds. securities, and (ii) does not place more than 390 nanoseconds and would be the time the response 24 The scope of information included in the orders in listed options per day on average during was received by the Exchange’s network, which is Report is similar to the NASDAQ report in that both a calendar month for its own beneficial account(s). before the time the response would be received by NASDAQ’s report and the proposed Report do not The number of orders shall be counted in the System. include information related to the any Member accordance with Interpretation and Policy .01 to 22 The time difference would be provided in other than the Recipient Member. See Nasdaq Exchange Rule 100. See Exchange Rule 100. nanoseconds. This information is also included in Approval Order at note 13, supra note 6. 14 The term ‘‘Market Maker’’ refers to ‘‘Lead the NASDAQ report. See Nasdaq Approval Order at 25 15 U.S.C. 78f(b). Market Makers’’, ‘‘Primary Lead Market Makers’’ note 12, supra note 6. 26 15 U.S.C. 78f(b)(5). VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15761 fraudulent and manipulative acts and buckets include information about the Member activity. The second bucket of practices, to promote just and equitable resting order and the execution of the information also includes the size, time principles of trade, to foster cooperation resting order. This information is and type of first response that executes and coordination with persons engaged generally available from other public against the resting order; as well as the in regulating, clearing, settling, sources, such as OPRA and the time difference between the time the processing information with respect to, Exchange’s proprietary data feeds, or is resting order and first response that and facilitating transactions in similar to information included in a executes against the resting order are securities, to remove impediments to report offered by another exchange. For received by the Exchange. These data and perfect the mechanism of a free and example, OPRA provides bids, offers, points would assist the Recipient open market and a national market and consolidated last sale and quotation Member in analyzing by how much time system, and, in general, to protect information for options trading on all their order may have missed an investors and the public interest. This national securities exchanges, including execution against a contra-side order proposal is in keeping with those the Exchange. In addition, the Exchange resting on the Book. These data points principles in that it promotes increased offers the Top of Market (‘‘ToM’’) feed are also included in the report of transparency through the dissemination which provides real-time quote and last another exchange that was previously of the optional Report to those sale information for all displayed orders approved by the Commission.31 interested in subscribing to receive the on the Book.28 The third bucket of information is data. Additionally, the Exchange Specifically, the first bucket of about the Recipient Member’s believes the proposed rule change is information contained in the Report for response(s) and the time their consistent with the Section 6(b)(5) 27 the resting order includes the time the response(s) is received by the Exchange. requirement that the rules of an resting order was received by the This includes the time difference exchange not be designed to permit Exchange, the symbol, unique reference between the time the first response that unfair discrimination between number assigned at the time of receipt, executes against the resting order was customers, issuers, brokers, or dealers. side (buy or sell), and the displayed received by the Exchange and the time The Exchange believes the proposed price and size of the resting order. Each of each response sent by the Recipient Report will serve to promote just and of these data points are also included in Member, regardless of whether it equitable principles of trade, remove the report of another exchange that was executed or not. As above, this data impediments to and perfect the previously approved by the point would assist the Recipient mechanism of a free and open market Commission.29 Further, the symbol, Member in analyzing by how much time and a national market system, and, in origin type, side (buy or sell), and their order may have missed an general protect investors and the public displayed price and size are also execution against a contra-side order interest because it will benefit investors available either via OPRA or the resting on the Book. This data point is by facilitating their prompt access to the Exchange’s proprietary data feeds. The also included in the report of another value added information that is first bucket of information also indicates exchange that was previously approved included in the proposed Report. The whether the Recipient Member is an by the Commission.32 This bucket Report will allow Members to access Affiliate of the Member that entered the would also include the size and type of information regarding their trading resting order. This data field will not each response submitted by the activity that they may utilize to evaluate indicate the identity of the Member that Recipient Member, the Recipient their own trading behavior and order entered the resting order and would Member identifier, and a response interactions. simply allow the Recipient Member to reference number which is selected by The proposed Report is designed for better understand the scenarios in the Recipient Member. Each of these Members that are interested in gaining which it may execute against the orders data point are unique to the Recipient insight into latency in connection with of its Affiliates.30 Member and should already be known orders that failed to execute against an The second bucket of information by Recipient Member even if not order resting on the Exchange’s Book by contained in the Report regards the included in the Report. providing those Members data to execution of the resting order and As mentioned above, at least one analyze by how much time their order includes the EBBO and ABBO at the other exchange currently offers a similar may have missed an execution against a time of execution. These data points are trading related report that has been contra-side order resting on the Book. also available either via OPRA or the reviewed and approved by the The Exchange believes that providing Exchange’s proprietary data feeds. The Commission. Specifically, NASDAQ this optional latency data to interested second bucket of information will also provides the Missed Opportunity— Members is consistent with facilitating indicate whether the response was Latency report as part of its NASDAQ transactions in securities, removing entered by the Recipient Member. This Trader Insights offering.33 NASDAQ’s impediments to and perfecting the data point is simply provided as a Missed Opportunity—Latency report, mechanism of a free and open market convenience. If not entered by the like the proposed Report, identifies by and a national market system, and, in Recipient Member, this data point will how much time a marketable order general, protecting investors and the be left blank so as not to include any missed executing against a resting order, public interest because it provides identifying information about other similar to the third bucket of greater visibility into the latency of information provided in the Report and Members’ incoming orders. Members 28 See Securities Exchange Release 79913 described above. Both the proposed may use this data to optimize their (February 1, 2017), 82 FR 9617 (February 7, 2017) Report and NASDAQ’s Missed (Notice of Filing and Immediate Effectiveness of a models and trading patterns in an effort Proposed Rule Change to Establish the MIAX Opportunity—Latency report are both to yield better execution results by PEARL Top of Market (‘‘ToM’’) and MIAX PEARL calculating by how much time their Liquidity Feed (‘‘PLF’’) Data Products). 31 This information is also included in the order may have missed an execution. 29 This information is also included in the NASDAQ report. See Nasdaq Approval Order at The Report generally contains three NASDAQ report. See Nasdaq Approval Order at note 12, supra note 6. note 12, supra note 6. 32 This information is also included in the buckets of information. The first two 30 The Exchange’s surveils to monitor for NASDAQ report. See Nasdaq Approval Order at abhorrent behavior related to internalized trades note 12, supra note 6. 27 Id. and identify potential wash sales. 33 See NASDAQ Approval Order supra note 6. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15762 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices provided on a T+1 basis and include data point is being provided as a access liquidity and to receive better data specific to one Member, and only convenience and this data point is execution rates. The infrastructure by that Member would receive the report.34 also available either via OPRA or the which a market participant seek to In addition, both the proposed Report Exchange’s proprietary data feeds. access displayed liquidity on either an and NASDAQ’s Missed Opportunity— • Whether response was entered by the equity or options exchange is similar. Latency report are intended to provide Recipient Member. As stated above, Liquidity seeking orders on both equity the Recipient Member with the time this data point is simply provided as and options exchanges would access the duration by which the order entered by a convenience to the Recipient exchanges’ systems in similar manners the Recipient Member missed an Member. If not entered by the through the use of ports and gateways. execution. Both the Exchange and Recipient Member, this data point Both reports provide data regarding NASDAQ restrict all other market will be left blank so as not to include attempts to access liquidity and both participants, including the Recipient any identifying information about reports would be of no value to market Member, from receiving another market other Member activity. participants seeking to access liquidity • participant’s data. As described above Recipient Member identifier. This in dark pools or other off-exchange throughout the proposal, the proposed difference is not material because this venues that are present in the equities Report and NASDAQ’s Missed data point is being provided as a market that do not provide for displayed Opportunity—Latency report both convenience would [sic] be known to orders. Such off exchange venues are include the following information: the Recipient Member even if not not present in the options markets. The included in the Report. • The time a resting order was received value of such a report is only present in • Size and type of each response the displayed markets for both options by the Exchange submitted by the Recipient Member. • Symbol and equities trading and, therefore, the • This difference is not material Exchange believes the proposed Report Order reference number (unique because this data point is being reference number assigned to a new presents the same utility and benefits in provided as a convenience would [sic] the options market as the NASDAQ order at the time of receipt) be known to the Recipient Member • Side (buy or sell) report does today for equities. • even if not included in the Report. In approving NASDAQ’s Missed Displayed price and size of the resting • Response reference number. The order Opportunity—Latency report, the • Exchange believe [sic] this is not a Commission noted that the report Time first response that executes material difference since it this [sic] is against the resting order was received ‘‘would increase transparency, a unique reference number not particularly for Members who may not by the Exchange and the size of the assigned by the Exchange, but rather execution and type of the response have the expertise to generate the same attached to response [sic] by the 35 • Time difference between the time the information.’’ For the reasons stated Recipient Member themselves and above, the Exchange believes this resting order was received by the would be known to the Recipient Exchange and the time the first statement is true regardless of whether Member even if not included in the the Recipient Member trades equities or response that executes against the Report. resting order was received by the options. The Exchange’s proposed As illustrated above, the proposed Report would achieve the same goal for Exchange Report and NASDAQ’s Missed Members seeking to better understand • Time difference between the time the Opportunity—Latency Report is the efficacy of their incoming orders. first response that executes against the substantially similar and includes a Further, the proposed Report promotes resting order was received by the number of the same data elements just and equitable principles of trade Exchange and the time of each designed to assist Members in better because, like NASDAQ’s report, it will response sent by the Recipient understanding their trading activity on increase transparency and democratize Member, regardless of whether it the Exchange and augment their trading information so that all firms may elect executed or not strategies to improve their execution to subscribe to the Report even though opportunities. Each of these above The proposed Report includes that some firms may not have the differences are immaterial because the following information that is not appropriate resources to generate a data point is available via another included in NASDAQ’s Missed similar report themselves. Opportunity—Latency report: source and is being provided as a • The Exchange proposes to provide the Whether the Recipient Member is an convenience to the Recipient Member Report on a voluntary basis and no Affiliate of the Member that entered when analyzing the Report and Member will be required to subscribe to the resting order. intended to make the Report more • the Report. The Exchange notes that Origin type (e.g., Priority Customer, comprehensive and easier to there is no rule or regulation that Market Maker). This difference is understand. requires the Exchange to produce, or One additional difference between the immaterial as this data point is being that a Member elect to receive, the proposed Report and NASDAQ’s Missed provided as a convenience and this Report. It is entirely a business decision Opportunity—Latency report is data point is also available either via of each Member to subscribe to the unrelated to the content of the Report, OPRA or the Exchange’s proprietary Report. The Exchange proposes to offer but is related to the type of security the data feeds. the Report as a convenience to Members • report covers. The proposed Report EBBO at the time of the execution. to provide them with additional would cover options trading on the This difference is immaterial as this information regarding trading activity Exchange while NASDAQ’s Missed data point is being provided as a on the Exchange on a delayed basis after Opportunity—Latency report covers convenience and this data point is the close of regular trading hours. A equity securities. The Exchange believes also available either via OPRA or the Member that chooses to subscribe to the this difference is of no consequence as Exchange’s proprietary data feeds. Report may discontinue receiving the • ABBO at the time of the execution. both reports are intended to serve the This difference is immaterial as this same purpose—providing firms with an 35 See Securities Exchange Act Release No. 78886 opportunity to learn more about when (September 20, 2016), 81 FR 66113, 66114 34 Id. they may have better opportunities to (September 26, 2016). VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15763 Report at any time if that Member In sum, if the proposed Report is change that are filed with the determines that the information unattractive to Members, Members will Commission, and all written contained in the Report is no longer opt not to receive it. Accordingly, the communications relating to the useful. Exchange does not believe that the proposed rule change between the In summary, the proposed Report will proposed change will impair the ability Commission and any person, other than help to protect a free and open market of Members or competing order those that may be withheld from the by providing additional data (offered on execution venues to maintain their public in accordance with the an optional basis) to the marketplace competitive standing in the financial provisions of 5 U.S.C. 552, will be and by providing investors with greater markets. available for website viewing and 36 printing in the Commission’s Public choices. Additionally, the proposal C. Self-Regulatory Organization’s Reference Room, 100 F Street NE, would not permit unfair discrimination Statement on Comments on the Washington, DC 20549, on official because the proposed Report will be Proposed Rule Change Received From business days between the hours of available to all Exchange Members. Members, Participants, or Others 10:00 a.m. and 3:00 p.m. Copies of the B. Self-Regulatory Organization’s Written comments were neither filing also will be available for Statement on Burden on Competition solicited nor received. inspection and copying at the principal The Exchange does not believe that III. Date of Effectiveness of the office of the Exchange. All comments the proposed rule change will result in Proposed Rule Change and Timing for received will be posted without change. any burden on competition that is not Commission Action Persons submitting comments are necessary or appropriate in furtherance cautioned that we do not redact or edit of the purposes of the Act, as amended. Within 45 days of the date of personal identifying information from The Exchange believes that the publication of this notice in the Federal comment submissions. You should proposed Report will enhance Register or within such longer period (i) submit only information that you wish competition 37 by providing a new as the Commission may designate up to to make available publicly. All option for receiving market data to 90 days of such date if it finds such submissions should refer to File Members. The proposed Report will also longer period to be appropriate and Number SR–EMERALD–2021–09, and further enhance competition between publishes its reasons for so finding or should be submitted on or before April exchanges by allowing the Exchange to (ii) as to which the Exchange consents, 14, 2021. the Commission shall: (a) By order expand its product offerings to include For the Commission, by the Division of a report similar to that currently offered approve or disapprove such proposed rule change, or (b) institute proceedings Trading and Markets, pursuant to delegated by NASDAQ.38 authority.39 to determine whether the proposed rule In this instance, the proposed rule change should be disapproved. Eduardo A. Aleman, change to offer the optional Report is in Deputy Secretary. response to Member interest and IV. Solicitation of Comments [FR Doc. 2021–05998 Filed 3–23–21; 8:45 am] requests for such information. The Interested persons are invited to BILLING CODE 8011–01–P Exchange does not believe the proposed submit written data, views, and Report will have an inappropriate arguments concerning the foregoing, burden on intra-market competition including whether the proposed rule SECURITIES AND EXCHANGE between Recipient Members and other change is consistent with the Act. COMMISSION Members who do not receive the Report. Comments may be submitted by any of As discussed above, the first two the following methods: [Release No. 34–91363; File No. SR– buckets of information included in the NYSENAT–2021–01] Report contain information about the Electronic Comments resting order and the execution of the • Use the Commission’s internet Self-Regulatory Organizations; NYSE resting order, both of which are comment form (http://www.sec.gov/ National, Inc.; Notice of Designation of generally available to Members that rules/sro.shtml); or a Longer Period for Commission chose not to receive the Report from • Send an email to rule-comments@ Action on a Proposed Rule Change To other public sources, such as OPRA and sec.gov. Please include File Number SR– Amend the Exchange’s Co-Location the Exchange’s proprietary data feeds. EMERALD–2021–09 on the subject line. Services and Fee Schedule To Add The third bucket of information is about Two Partial Cabinet Solution Bundles the Recipient Member’s response and Paper Comments the time their response is received by • Send paper comments in triplicate March 18, 2021. the Exchange, information which the to Secretary, Securities and Exchange On January 19, 2021, NYSE National, Recipient Member would be able to Commission, 100 F Street NE, Inc. (‘‘NYSE National’’ or ‘‘Exchange’’) obtain without receiving the Report. Washington, DC 20549–1090. filed with the Securities and Exchange Additionally, some Members may All submissions should refer to File Commission (‘‘Commission’’), pursuant already be able to derive a substantial Number SR–EMERALD–2021–09. This to Section 19(b)(1) of the Securities amount of the same data that is file number should be included on the Exchange Act of 1934 (‘‘Act’’) 1 and Rule provided by some of the components subject line if email is used. To help the 19b–4 thereunder,2 a proposed rule based on their own executions and Commission process and review your change to amend the Exchange’s co- algorithms. comments more efficiently, please use location rules to add two partial cabinet only one method. The Commission will solution bundles. The proposed rule 36 See Sec. Indus. Fin. Mkts. Ass’n (SIFMA), post all comments on the Commission’s change was published for comment in Initial Decision Release No. 1015, 2016 SEC LEXIS internet website (http://www.sec.gov/ the Federal Register on February 5, 2278 (ALJ June 1, 2016) (finding the existence of vigorous competition with respect to non-core rules/sro.shtml). Copies of the market data). submission, all subsequent 39 17 CFR 200.30–3(a)(12). 37 Id. amendments, all written statements 1 15 U.S.C. 78s(b)(1). 38 See NASDAQ Equity Section 7, Rule 146(a)(2). with respect to the proposed rule 2 17 CFR 240.19b–4. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15764 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 2021.3 The Commission received no to Section 19(b)(1) of the Securities SECURITIES AND EXCHANGE comments on the proposed rule change. Exchange Act of 1934 (‘‘Act’’) 1 and Rule COMMISSION Section 19(b)(2) of the Act 4 provides 19b–4 thereunder,2 a proposed rule that within 45 days of the publication of change to amend the Exchange’s co- [Release No. 34–91354; File No. SR– notice of the filing of a proposed rule location rules to add two partial cabinet NYSEArca–2021–09] change, or within such longer period up solution bundles. The proposed rule to 90 days as the Commission may change was published for comment in Self-Regulatory Organizations; NYSE designate if it finds such longer period the Federal Register on February 8, Arca, Inc.; Notice of Designation of a to be appropriate and publishes its 2021.3 The Commission received no Longer Period for Commission Action reasons for so finding, or as to which the comments on the proposed rule change. on Proposed Rule Change To Amend self-regulatory organization consents, Rule 6.86–O To Eliminate the Use of 4 the Commission shall either approve the Section 19(b)(2) of the Act provides Dark Series on the Exchange proposed rule change, disapprove the that within 45 days of the publication of proposed rule change, or institute notice of the filing of a proposed rule March 18, 2021. proceedings to determine whether the change, or within such longer period up On January 26, 2021, NYSE Arca, Inc. proposed rule change should be to 90 days as the Commission may (‘‘Exchange’’) filed with the Securities disapproved. The 45th day after designate if it finds such longer period and Exchange Commission publication of the notice for this to be appropriate and publishes its (‘‘Commission’’) pursuant to Section proposed rule change is March 22, 2021. reasons for so finding, or as to which the 19(b)(1) of the Securities Exchange Act The Commission is extending this 45- self-regulatory organization consents, of 1934 (‘‘Act’’) 1 and Rule 19b–4 day time period. the Commission shall either approve the thereunder,2 to eliminate the exclusion The Commission finds it appropriate proposed rule change, disapprove the of inactive or ‘‘dark’’ series from the to designate a longer period within proposed rule change, or institute requirements of Rule 6.86–O (Firm which to take action on the proposed proceedings to determine whether the Quotes) and to delete Commentary .03 rule change so that it has sufficient time proposed rule change should be to Rule 6.86–O in its entirety. The to consider the proposed rule change disapproved. The 45th day after proposed rule change was published for and the comments received. publication of the notice for this comment in the Federal Register on Accordingly, the Commission, pursuant 3 proposed rule change is March 25, 2021. February 5, 2021. The Commission has to Section 19(b)(2) of the Act,5 The Commission is extending this 45- received no comment letters on the designates May 6, 2021, as the date by proposed rule change. which the Commission shall either day time period. Section 19(b)(2) of the Act 4 provides approve or disapprove, or institute The Commission finds it appropriate that within 45 days of the publication of proceedings to determine whether to to designate a longer period within notice of filing of a proposed rule disapprove, the proposed rule change which to take action on the proposed change, or within such longer period up (File No. SR–NYSENAT–2021–01). rule change so that it has sufficient time to 90 days as the Commission may to consider the proposed rule change For the Commission, by the Division of designate if it finds such longer period Trading and Markets, pursuant to delegated and the comments received. to be appropriate and publishes its 6 authority. Accordingly, the Commission, pursuant reasons for so finding or as to which the 5 Eduardo A. Aleman, to Section 19(b)(2) of the Act, self-regulatory organization consents, Deputy Secretary. designates May 9, 2021, as the date by the Commission shall either approve the [FR Doc. 2021–06011 Filed 3–23–21; 8:45 am] which the Commission shall either proposed rule change, disapprove the BILLING CODE 8011–01–P approve or disapprove, or institute proposed rule change, or institute proceedings to determine whether to proceedings to determine whether the disapprove, the proposed rule change proposed rule change should be SECURITIES AND EXCHANGE (File No. SR–NYSEArca–2021–07). disapproved. The 45th day after COMMISSION For the Commission, by the Division of publication of the notice for this [Release No. 34–91360; File No. SR– Trading and Markets, pursuant to delegated proposed rule change is March 22, 2021. NYSEArca–2021–07] authority.6 The Commission is extending the 45- Eduardo A. Aleman, day time period for Commission action Self-Regulatory Organizations; NYSE on the proposed rule change. The Arca, Inc.; Notice of Designation of a Deputy Secretary. [FR Doc. 2021–06001 Filed 3–23–21; 8:45 am] Commission finds that it is appropriate Longer Period for Commission Action to designate a longer period to take on a Proposed Rule Change To Amend BILLING CODE 8011–01–P action on the proposed rule change so the Exchange’s Co-Location Services that it has sufficient time to consider the and Fee Schedule To Add Two Partial proposed rule change. Accordingly, Cabinet Solution Bundles pursuant to Section 19(b)(2) of the Act,5 March 18, 2021. the Commission designates May 6, 2021 On January 19, 2021, NYSE Arca, Inc. as the date by which the Commission (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed should either approve or disapprove, or with the Securities and Exchange institute proceedings to determine 1 Commission (‘‘Commission’’), pursuant 15 U.S.C. 78s(b)(1). whether to disapprove, the proposed 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 91044 3 See Securities Exchange Act Release No. 91037 1 15 U.S.C. 78s(b)(1). (February 1, 2021), 86 FR 8424 (SR–NYSENAT– (February 2, 2021), 86 FR 8662 (SR–NYSEArca– 2 17 CFR 240.19b–4. 2021–01). 2021–07). 3 See Securities Exchange Act Release No. 91038 4 15 U.S.C. 78s(b)(2). 4 15 U.S.C. 78s(b)(2). (February 1, 2021), 86 FR 8416. 5 Id. 5 Id. 4 15 U.S.C. 78s(b)(2). 6 17 CFR 200.30–3(a)(31). 6 17 CFR 200.30–3(a)(31). 5 15 U.S.C. 78s(b)(2). VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15765 rule change (File No. SR–NYSEArca– rule change so that it has sufficient time SURFACE TRANSPORTATION BOARD 2021–09). to consider the proposed rule change [Docket No. FD 36306 (Sub-No. 1); Docket For the Commission, by the Division of and the comments received. No. FD 36451] Trading and Markets, pursuant to delegated Accordingly, the Commission, pursuant authority.6 to Section 19(b)(2) of the Act,5 RFM Holdco LLC—Control Eduardo A. Aleman, designates May 6, 2021, as the date by Exemption—Pioneer Railcorp, et al.; Deputy Secretary. which the Commission shall either The Baupost Group, L.L.C. and US [FR Doc. 2021–05996 Filed 3–23–21; 8:45 am] approve or disapprove, or institute Infravest Managers LP—Control BILLING CODE 8011–01–P proceedings to determine whether to Exemption—Pioneer Railcorp, et al. disapprove, the proposed rule change The Board has received two verified (File No. SR–NYSECHX–2021–01). notices of exemption seeking authority SECURITIES AND EXCHANGE For the Commission, by the Division of to acquire control of Pioneer Railcorp COMMISSION Trading and Markets, pursuant to delegated (Pioneer), a noncarrier holding [Release No. 34–91362; File No. SR– authority.6 company, and the 15 Class III railroads NYSECHX–2021–01] Eduardo A. Aleman, controlled by Pioneer (the Pioneer 1 Deputy Secretary. Railroads). In Docket No. FD 36306 Self-Regulatory Organizations; NYSE (Sub-No. 1), RFM HoldCo LLC (RFM) [FR Doc. 2021–06019 Filed 3–23–21; 8:45 am] Chicago, Inc.; Notice of Designation of seeks an after-the-fact exemption for its a Longer Period for Commission BILLING CODE 8011–01–P unauthorized 2019 acquisition of Action on a Proposed Rule Change To control of Pioneer and the Pioneer Amend the Exchange’s Co-Location Railroads. (RFM Verified Notice 1, FD Services and Fee Schedule To Add 36306 (Sub-No. 1) et al.) In Docket No. Two Partial Cabinet Solution Bundles SURFACE TRANSPORTATION BOARD FD 36451, The Baupost Group, L.L.C. March 18, 2021. (Baupost), and US Infravest Managers [Docket No. EP 290 (Sub-No. 5) (2021–2)] On January 19, 2021, NYSE Chicago, LP (Infravest Managers) seek authority to acquire indirect control of Pioneer Inc. (‘‘NYSE Chicago’’ or ‘‘Exchange’’) Quarterly Rail Cost Adjustment Factor filed with the Securities and Exchange and the Pioneer Railroads from a subsidiary of RFM, Related Commission (‘‘Commission’’), pursuant AGENCY: Surface Transportation Board. to Section 19(b)(1) of the Securities Infrastructure Holdings LLC (Related Exchange Act of 1934 (‘‘Act’’) 1 and Rule ACTION: Approval of rail cost adjustment Infrastructure Holdings). (Baupost 19b–4 thereunder,2 a proposed rule factor. Verified Notice 1 & Ex. 3, FD 36451.) change to amend the Exchange’s co- Both notices were held in abeyance location rules to add two partial cabinet SUMMARY: The Board approves the pending further order of the Board. See solution bundles. The proposed rule second quarter 2021 Rail Cost Baupost Grp., L.L.C.—Control change was published for comment in Adjustment Factor (RCAF) and cost Exemption—Pioneer Railcorp, FD 36451 et al. (STB served Nov. 25, 2020); RFM the Federal Register on February 5, index filed by the Association of HoldCo LLC—Control Exemption— 2021.3 The Commission received no American Railroads. The second quarter Pioneer Railcorp, FD 36306 (Sub-No. 1) comments on the proposed rule change. 2021 RCAF (Unadjusted) is 1.059. The Section 19(b)(2) of the Act 4 provides et al. (STB served Dec. 28, 2020). second quarter 2021 RCAF (Adjusted) is The Board finds that these that within 45 days of the publication of 0.441. The second quarter 2021 RCAF– transactions are not appropriate for the notice of the filing of a proposed rule 5 is 0.417. expedited class exemption process. change, or within such longer period up However, after reviewing the to 90 days as the Commission may DATES: Applicability Date: April 1, 2021. supplemental information submitted in designate if it finds such longer period FOR FURTHER INFORMATION CONTACT: this docket, the Board will grant, on its to be appropriate and publishes its Pedro Ramirez at (202) 245–0333. own motion, the appropriate reasons for so finding, or as to which the Assistance for the hearing impaired is exemptions to authorize the self-regulatory organization consents, available through the Federal Relay transactions. the Commission shall either approve the Service at (800) 877–8339. proposed rule change, disapprove the Background proposed rule change, or institute SUPPLEMENTARY INFORMATION: In June 2019, Brookhaven Rail proceedings to determine whether the Additional information is contained in Partners, LLC (Brookhaven), Related proposed rule change should be the Board’s decision, which is available Infrastructure, LLC (Related disapproved. The 45th day after at www.stb.gov. Infrastructure), BRX Transportation publication of the notice for this Holdings, LLC (BRX Transportation), proposed rule change is March 22, 2021. Decided: March 18, 2021. By the Board, Board Members Begeman, and BRX Acquisition Sub, Inc. (BRX The Commission is extending this 45- Acquisition), obtained an exemption to day time period. Fuchs, Oberman, Primus, and Schultz. Kenyatta Clay, The Commission finds it appropriate 1 They are: Alabama & Florida Railway Co., Inc.; to designate a longer period within Clearance Clerk. Alabama Railroad Co., Inc.; Decatur Junction which to take action on the proposed [FR Doc. 2021–06042 Filed 3–23–21; 8:45 am] Railway Co.; Elkhart & Western Railroad Co.; Fort Smith Railroad Co.; The Garden City Western BILLING CODE 4915–01–P Railway, Inc.; Georgia Southern Railway Co.; 6 17 CFR 200.30–3(a)(31). Gettysburg & Northern Railroad Co.; Indiana 1 15 U.S.C. 78s(b)(1). Southwestern Railway Co.; Kendallville Terminal 2 17 CFR 240.19b–4. Railway Co.; Keokuk Junction Railway Co.; 3 See Securities Exchange Act Release No. 91036 Michigan Southern Railroad Company; Mississippi (February 1, 2021), 86 FR 8440 (SR–NYSECHX– Central Railroad Co.; Pioneer Industrial Railway 2021–01). 5 Id. Co.; and Vandalia Railroad Company. (See Baupost 4 15 U.S.C. 78s(b)(2). 6 17 CFR 200.30–3(a)(31). Verified Notice 1–3, FD 36451.) VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15766 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices acquire control of Pioneer and the Baupost and Infravest Managers in its equity owners have control of Pioneer Railroads. See Brookhaven Rail Docket No. FD 36451, held that Related Companies or RFM. (Id. at 4 Partners, LLC—Control Exemption— proceeding in abeyance, and directed n.4.) Pioneer Railcorp, FD 36306, slip op. at Related Infrastructure Holdings, Related On December 3, 2020, Baupost and 1 (STB served June 21, 2019) (84 FR Fund Management, and Related Infravest Managers filed a letter, which 29,276). Companies (and any other entity or included the agreement through which On October 22, 2020, in Docket No. individual that controls Related Baupost and Infravest Managers are FD 36451, Baupost and Infravest Companies, as appropriate) to explain acquiring Pioneer and the Pioneer Managers filed a verified notice of why Board authority was not required Railroads, stating that the parties exemption under 49 CFR 1180.2(d)(2) to for the two transactions that occurred in ‘‘expect to consummate the transaction acquire indirect control of Pioneer and 2019, or, if they believe such authority shortly after the Board allows the the Pioneer Railroads by acquiring a was needed, to seek after-the-fact exemption in this proceeding to take majority equity interest in BRX authority under 49 U.S.C. 11323 to effect.’’ (Baupost Letter 1, Dec. 3, 2020, Transportation. (See Baupost Verified control Pioneer and the Pioneer FD 36451.) Baupost and Infravest Notice 1–4, FD 36451.) Baupost and Railroads. See Baupost Grp., L.L.C.— Managers also requested that the Board Infravest Managers identified the Control Exemption—Pioneer Railcorp, remove Docket No. FD 36451 from current owner of the majority equity FD 36451 et al., slip op. at 3 (STB served abeyance and allow the exemption to interest in BRX Transportation as ‘‘an Nov. 25, 2020). take effect promptly or, at the latest, no affiliate of Related Infrastructure.’’ (Id. On December 2, 2020, RFM filed its later than the day that the Board at 3–4.) In a supplement filed on verified notice of exemption, identifying ‘‘resolves the issues regarding current November 2, 2020, Baupost and itself as ‘‘the highest person currently in control of Pioneer.’’ (Id.) Infravest Managers 2 stated that, the corporate chain of control,’’ (RFM In a decision served December 28, following the 2019 filing of the verified Verified Notice 2, FD 36306 (Sub-No. 1) 2020, the Board held RFM’s notice of notice of exemption in Docket No. FD et al.), and elaborating on the exemption in abeyance and directed 36306 but before the filing of the transactions described in Baupost and RFM to provide additional information. verified notice in Docket No. FD 36451, Infravest Managers’ November 2, 2020 See RFM HoldCo LLC, FD 36306 (Sub- two additional transactions had taken supplement. As stated by RFM, when No. 1) et al., slip op. at 5. The Board place. First, Related Infrastructure the notice of exemption in Docket No. found that, although RFM implied that Acquisitions LLC (Related Acquisitions) FD 36306 was filed on June 7, 2019, it acquired control of Pioneer and the transferred its interest in BRX ‘‘Related Companies controlled Related Pioneer Railroads when Related Transportation to Related Infrastructure Fund Management, which controlled Infrastructure transferred its interest in Related BRX Holdings to Related BRX Holdings LLC (Related BRX Related Infrastructure, which controlled Infrastructure Holdings, the Holdings).3 (Baupost Suppl. 2, Nov. 2, Related Acquisitions, which controlled organizational chart provided by RFM 2020, FD 36451.) Second, Related BRX Transportation.’’ (Id.) Therefore, depicted both Related Infrastructure and Infrastructure transferred its interest in according to RFM, ‘‘Related Companies, Related Infrastructure Holdings as being Related BRX Holdings to Related as the ultimate controlling party, should under RFM’s control. Id. at 4. Infrastructure Holdings LLC (Related have sought control authority . . . in FD Additionally, the Board noted that Infrastructure Holdings), which now 36306.’’ (Id. at 3.) RFM stated, however, that it is the neither of the agreements provided by ‘‘directly owns and controls Related proper party to file the verified notice of RFM appeared to be relevant to the BRX Holdings.’’ (Id.) The supplement exemption because of the second transaction in which it acquired control further stated that Related Infrastructure transaction that occurred in 2019—the of Pioneer and the Pioneer Railroads. Id. and Related Infrastructure Holdings are transfer of the ownership interest in On January 6, 2021, RFM filed a subsidiaries of Related Fund Related BRX Holdings from Related supplement to its notice clarifying when Management, (id.), and the verified Infrastructure to Related Infrastructure it acquired control of Pioneer and the notice in Docket No. FD 36306 Holdings—which RFM claims was part Pioneer Railroads. According to RFM, identified Related Fund Management as of a ‘‘broader intracompany ‘‘[o]n December 13, 2019, the ownership a subsidiary of Related Companies, L.P. reorganization.’’ (Id. at 3–4.) RFM states interests in Related Fund Management (Related Companies), (Brookhaven that, in the reorganization, Related were distributed to the owners of Verified Notice 2 n.2, June 7, 2019, Companies formed RFM; RFM formed a Related Companies and on the same Brookhaven Rail Partners, LLC—Control subsidiary, Related Infrastructure date, immediately following that Exemption—Pioneer Railcorp, et al., FD Holdings Investor LLC (Related distribution, were contributed by those 36306). Infrastructure Investor); Related owners to RFM in exchange for equity In a decision served November 25, Infrastructure Investor formed a interests in RFM.’’ (RFM Suppl. 2, FD 2020, the Board postponed the effective subsidiary, Related Infrastructure 36306 (Sub-No. 1) et al.) On February date of the exemption sought by Holdings; and Related Infrastructure’s 17, 2021, Baupost and Infravest interest in Related BRX Holdings was 2 Managers submitted a letter in Docket The supplement was filed by Baupost and US transferred to Related Infrastructure Infravest Managers LP, but facts regarding Related No. FD 36451 requesting that the Infrastructure and its affiliates were verified by Holdings. (Id. at 4.) As a result, RFM proceeding be removed from abeyance Richard O’Toole, Vice President of Related Fund replaced Related Companies as ‘‘the and the exemption granted with an Management, LLC (Related Fund Management). ultimate controlling party.’’ (Id. at 3–4.) effective date in advance of the ‘‘End (See Baupost Suppl. 5, Nov. 2, 2020, FD 36451.) According to RFM, it is ‘‘owned by 3 Baupost and Infravest Managers stated that, Date’’ in the parties’ purchase when the verified notice was filed in Docket No. FD equity holders of Related Companies,’’ agreement. 36306, Related Acquisitions held the majority and Related Companies and Related ownership interest in BRX Transportation, and Fund Management no longer have any Discussion and Conclusions ‘‘Related Infrastructure—the entity authorized to ownership interest in entities Under 49 U.S.C. 11323(a)(4), the control Pioneer and the Pioneer Railroads through that proceeding—directly owned and controlled controlling BRX Transportation, ‘‘[a]cquisition of control of at least 2 rail Related Acquisitions.’’ (Baupost Suppl. 2, Nov. 2, Pioneer, or RFM. (Id. (footnote carriers by a person that is not a rail 2020, FD 36451.) omitted).) RFM also noted that none of carrier’’ requires Board authorization. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15767 The verified notices of exemption at that these matters are not routine and The Sua Sponte Exemptions. As issue in these proceedings were require scrutiny by the Board outside of noted, the Board has now received submitted under the class exemption the streamlined class exemption multiple filings in these proceedings procedures found at 49 CFR procedures. See S. San Luis Valley R.R., providing information about the 1180.2(d)(2), which provide an FD 35586 et al., slip op. at 2–3. transactions involving Related expedited process for obtaining control Therefore, the verified notices in Docket Companies and RFM that occurred authority under 11323. These Nos. FD 36451 and FD 36306 (Sub-No. without Board authority. Although there streamlined class exemption procedures 1) will be rejected. does not appear to be bad faith, this are reserved for transactions involving The Board also notes that the does not excuse the failures to obtain routine, uncomplicated, and non- information provided during the course Board authorization; and while RFM has controversial matters, and which do not of these proceedings has at times been now sought to cure the defect, the Board raise substantial factual and legal issues. incomplete or inaccurate.5 For example, remains troubled that the parties did not See S. San Luis Valley R.R.—Acquis. & Baupost and Infravest Managers, in their adequately consider the required Operation Exemption—Iowa Pac. notice, identified the entity from which authorizations at the appropriate time. Holdings, LLC, FD 35586 et al., slip op. they were acquiring control of Pioneer When it rejects verified notices in at 2 (STB served Feb. 10, 2012) and the Pioneer Railroads as ‘‘an non-routine or controversial cases, the (rejecting notice of exemption raising affiliate of’’ Related Infrastructure, Board often requires parties to seek the substantial questions about prior without further detail. (See Baupost necessary authority by petition for acquisitions); V & S Ry.—Aban. Verified Notice 3, FD 36451.) Later, the exemption or application. Here, Exemption—in Kiowa Cnty., Colo., AB November 2, 2020 supplement filed in however, an extensive record has 603 (Sub-No. 3X), slip op. at 2 (STB Docket No. FD 36451 provided incorrect already been developed through the served June 17, 2014). information that identified Related supplemental pleadings. Additionally, The Verified Notices of Exemption. Infrastructure Holdings as a the Board is mindful of the fact that the The verified notice filed by RFM and ‘‘subsidiar[y] of Related Fund proposed acquisition by Baupost and the verified notice filed by Baupost and Management LLC,’’ notwithstanding Infravest Managers to acquire Pioneer Infravest Managers will be rejected that the facts in the supplement and the Pioneer Railroads is also because both matters are sufficiently ‘‘regarding Related Infrastructure LLC pending before the Board. That complicated and non-routine to make and its affiliates’’ were verified by an transaction, but for the failures of the them inappropriate for consideration official at Related Fund Management. selling entity (RFM and its subsidiaries) under the streamlined class exemption (See Baupost Suppl. 1–2, FD 36451, discussed above, would have met the procedures of 49 CFR 1180.4(g). Both Nov. 2, 2020, FD 36451.) Only after the standards for the expedited class proceedings involve the unauthorized Board postponed the effective date of exemption process. To require RFM to acquisitions of control of Pioneer and the exemption in Docket No. FD 36451 file a petition for exemption or the Pioneer Railroads by Related and requested that Related Companies application to remedy the prior Companies and entities within RFM’s seek acquisition authority did the Board unauthorized transactions would further corporate family. RFM acquired control learn that Related Companies had delay, and possibly frustrate, Baupost of Pioneer and the Pioneer Railroads, transferred control of Pioneer and the and Infravest Managers’ proposed without Board authorization, from Pioneer Railroads to RFM. RFM, for its transaction. (Baupost Letter 1, Feb. 17, Related Companies, which itself also part, filed a verified notice that failed to did not have Board authorization to identify the date on which RFM 2020, FD 36451.) No party has sought to control Pioneer and the Pioneer acquired control of Pioneer and the oppose Baupost and Infravest Managers’ Railroads. (See RFM Verified Notice 3, Pioneer Railroads, which was later proposed acquisition of control of the FD 36306 (Sub-No. 1) et al.) Baupost cured through its January 6 supplement. Pioneer Railroads, and one of the stated and Infravest Managers are seeking to While the record does not indicate bad goals of that transaction is to ‘‘improve acquire control of Pioneer and the faith by these parties, inaccuracies and Pioneer’s efficiency, financial strength, Pioneer Railroads from Related omissions such as these raise questions and ability to meet the needs of Infrastructure Holdings, a subsidiary of that often cannot be adequately shippers.’’ (Baupost Verified Notice 5, RFM, which does not currently have addressed under the streamlined class FD 36451.) Baupost argues that further authority to control Pioneer and the exemption procedures. It is important delaying its acquisition would, among Pioneer Railroads. Although RFM has for parties to ensure that their filings in other things, ‘‘affect the ability of sought after-the-fact control authority, exemption (and other) proceedings are Pioneer and the Pioneer Railroads to Related Companies has not. RFM has accurate and complete. Nevertheless, as accelerate capital expenditures.’’ argued both that Related Companies discussed below, the Board has now (Baupost & Infravest Managers Letter 2, need not seek after-the-fact control received from the parties adequate Dec. 3, 2020, FD 36451.) authority, and that the Board should information for the Board to assess, sua For the reasons discussed above and grant that authority to Related sponte and pursuant to the exemption based on the particular facts of this case, Companies through the Board’s standard set forth at 49 U.S.C. 10502(a), the Board concludes that it is streamlined class exemption procedures the appropriateness of granting appropriate to consider granting the even though Related Companies did not exemptions in these proceedings.6 exemptions sua sponte pursuant to itself request it.4 (RFM Verified Notice 10502. See, e.g., BNSF Ry.—Pet. for 5 n.6, FD 36306 (Sub-No. 1) et al.) The 5 Given the Board’s finding that the class Declaratory Order, FD 35164 et al., slip facts cited during these proceedings, as exemption procedures are inappropriate in light of op. at 10 (STB served May 20, 2009); the facts and circumstances, it need not address Borealis Infrastructure Trust described in detail above, demonstrate whether the notices were also false or misleading. See, e.g., 49 CFR 1180.4(g)(1)(ii). Management—Acquis. Exemption— 4 RFM was formed by equity owners of Related 6 In granting acquisition authority sua sponte, the Detroit River Tunnel Co., FD 33984 et Companies, but RFM and Related Companies are Board would effectively proceed as though the al., slip op. at 6 (STB served Dec. 19, not under common control because the equity parties had formally petitioned for exemption. The 2001). The Board will consider here the owners do not have control of either Related Board will consider below the value of requiring Companies or RFM. (RFM Verified Notice 3–4 & such petitions at this stage of the proceedings and merits of the exemptions requested in n.4, FD 36306 (Sub-No. 1) et al.) the harm that could arise from the ensuing delay. these dockets and, as discussed further VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15768 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices below, will grant the exemptions sua Under 49 U.S.C. 10502(g), the Board The Board was faced with two notices sponte. may not use its exemption authority to of exemption involving a chain of As RFM, Baupost, and Infravest relieve a rail carrier of its statutory unauthorized transactions. Details Managers are each noncarriers, their obligation to protect the interests of its surrounding the history of the acquisitions of control of the Pioneer employees. Section 11326(c), however, ownership of Pioneer and the Pioneer Railroads require prior Board approval precludes the Board from imposing Railroads is murky and unnecessarily under 49 U.S.C. 11323(a)(4). Because labor protections for transactions complicated. Upon further review, it the acquisitions of control do not involving only Class III rail carriers. was revealed that Related Companies involve the merger or control of at least Because all the Pioneer Railroads are never obtained Board authorization to two Class I railroads, approval of the Class III carriers, the Board may not acquire Pioneer and the Pioneer transactions is governed by 49 U.S.C. impose labor protections here. Railroads. Similarly, RFM skirted Board 11324(d). However, under 49 U.S.C. In light of Baupost’s and Infravest authority when it acquired the railroad 10502(a), the Board must exempt a Managers’ request regarding the entities from Related Companies. Only transaction or service from regulation effective date, the exemptions will be now, when Baupost and Infravest upon finding that: (1) Regulation is not effective on March 26, 2021. Petitions to Managers have come before the Board to necessary to carry out the rail stay will be due by March 24, 2021. acquire control of these railroad entities, transportation policy (RTP) of 49 U.S.C. The transactions are categorically has RFM decided to step into the light. 10101; and (2) either (a) the transaction excluded from environmental review Failure to obtain the required Board or service is of limited scope, or (b) under 49 CFR 1105.6(c)(1) and from the authority lies squarely with RFM. Both regulation is not needed to protect historic reporting requirements under RFM and its subsidiaries (and Related shippers from the abuse of market 49 CFR 1105.8(b). Companies before it) did not bother to power. It is ordered: adhere to 49 U.S.C. 11323, which Here, exemptions from the prior 1. The verified notices of exemption clearly requires an entity seeking to approval requirements of sections in Docket Nos. FD 36306 (Sub-No. 1) purchase/acquire a railroad to obtain 11323–25 are consistent with 10502(a). and FD 36451 are rejected. Detailed scrutiny of the acquisitions of 2. In Docket No. FD 36306 (Sub-No. Board authority. Given the fact that the control of the Pioneer Railroads in each 1), under 49 U.S.C. 10502, the Board proposed acquisition involves docket is not necessary to carry out the exempts from the prior approval unauthorized transactions, it was RTP. An exemption from the requirements of 49 U.S.C. 11323–25 incumbent upon the parties to be application process would promote a RFM’s 2019 acquisition of control of the forthcoming with accurate and complete fair and expeditious regulatory decision- Pioneer Railroads. information about the ownership and making process, minimize the need for 3. In Docket No. FD 36451, under 49 relationship of the numerous railroads Federal regulatory control, reduce U.S.C. 10502, the Board exempts from involved in the proposed transaction. regulatory barriers to entry, and result in the prior approval requirements of 49 This clearly did not happen. more expeditious handling of this U.S.C. 11323–25 Baupost’s and Infravest Accordingly, I do not believe that the proceeding. See 49 U.S.C. 10101(2), (7), Managers’ acquisition of control of the selling entity should be permitted to (15). Other aspects of the RTP would not Pioneer Railroads from RFM. benefit or profit from such a transaction be adversely affected. 4. Notice of the exemptions will be without first curing its unauthorized Regulation of these transactions is not published in the Federal Register. acquisition. While RFM has asked for needed to protect shippers from the 5. The exemptions will be effective on after-the-fact authority, it has done so abuse of market power. RFM states that March 26, 2021. Petitions to stay will be through the Board’s streamlined class it ‘‘does not own or control any other due by March 24, 2021. exemption procedures, which are carriers other than the Pioneer Decided: March 18, 2021. reserved for transactions involving Railroads, nor did it, or its equity By the Board, Board Members routine, uncomplicated, and non- owners, at the time of its formation.’’ Begeman, Fuchs, Oberman, Primus, and controversial matters, and not (RFM Verified Notice 4 n.5, FD 36306 Schultz. Board Member Primus appropriate here. Moreover, Related (Sub-No. 1) et al.) Accordingly, RFM’s dissented with a separate expression. Companies has not sought after-the-fact 2019 acquisition of control of Pioneer Board Member Primus, dissenting: authority for its unauthorized and the Pioneer Railroads did not create This case is extremely troubling and acquisition. lays bare gaps in compliance that I am any adverse change in competition My hope is that, moving forward, the not willing to excuse. The focus of my among rail carriers or between rail Board will begin to look at ways to displeasure is not directed toward carriers and other modes. For their part, effectively promote greater compliance Baupost and Infravest Managers, but Baupost and Infravest Managers also and transparency as it relates to the rather Related Companies and RFM. state that they ‘‘are not themselves rail licensing of rail activities. For those carriers and do not currently control any When the history of Related Companies and RFM is taken into account, who continue to operate outside the rail carriers,’’ (Baupost Verified Notice rules, stronger enforcement, including 4, FD 36451), so their proposed specifically their inability to provide accurate and complete information to the administering of severe penalties acquisition of Pioneer and the Pioneer when appropriate, should prevail. Railroads similarly would not adversely the Board with respect to ownership, affect the competitive landscape so as to what we have before us is at best a For these reasons, I respectfully require regulation to protect shippers comedy of errors and at worst a blatant dissent. 7 disregard for the Board’s role as the from an abuse of market power. Aretha Laws-Byrum, economic regulator of the rail industry. Clearance Clerk. 7 Because this decision finds that regulation is not necessary to protect shippers from the abuse of whether the transaction is limited in scope. See 49 [FR Doc. 2021–06066 Filed 3–23–21; 8:45 am] market power, the Board need not determine U.S.C. 10502(a)(2). BILLING CODE 4915–01–P VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15769 DEPARTMENT OF TRANSPORTATION OMB Control Number: 2120–XXXX. ACTION: Receipt of petition. Title: National Sleep Study. Federal Aviation Administration Form Numbers: None. SUMMARY: Nissan North America, Inc. Type of Review: Clearance of a new (Nissan) has determined that certain [Docket No. FAA–2019–0819] information collection. model year (MY) 2020 Nissan Sentra motor vehicles do not fully comply with Agency Information Collection Background: As part of FAA’s broader Federal Motor Vehicle Safety Standard Activities: Requests for Comments; noise research program, the National (FMVSS) No. 108, Lamps, Reflective Clearance of a New Approval of Sleep Study has been designed to Devices, and Associated Equipment. Information Collection: National Sleep collect nationally representative Nissan filed a noncompliance report Study information on the effects of aircraft noise on sleep and to derive exposure- dated August 26, 2020. Nissan AGENCY: Federal Aviation response relationships between aircraft subsequently petitioned NHTSA on Administration (FAA), DOT. noise and its effect on communities September 18, 2020, for a decision that ACTION: Notice and request for around United States civilian airports. the subject noncompliance is comments. This Study will collect information from inconsequential as it relates to motor residents living near airports to vehicle safety. This notice announces SUMMARY: In accordance with the determine their probability of receipt of Nissan’s petition. Paperwork Reduction Act of 1995, FAA awakening due to aircraft noise DATES: Send comments on or before invites public comments about our exposure. The FAA will use the April 23, 2021. intention to request the Office of information from this collection to ADDRESSES: Interested persons are Management and Budget (OMB) derive the empirical data to inform any invited to submit written data, views, approval for a new information potential updates to or validation of the and arguments on this petition. collection. The collection involves national aviation noise policy. Further Comments must refer to the docket and study on relationships between aircraft information on National Sleep Study as notice number cited in the title of this noise events and the probability of part of the FAA’s noise research notice and submitted by any of the awakening. program was also made available following methods: DATES: Written comments should be through a separate notice 86 FR 2722. • Mail: Send comments by mail submitted by April 23, 2021. Respondents: Approximately 4,400 addressed to the U.S. Department of ADDRESSES: Send comments identified respondents to 25,000 postal surveys Transportation, Docket Operations, M– by docket number FAA–2019–0819 (18% response rate). From among these 30, West Building Ground Floor, Room using any of the following methods: survey respondents, approximately 400 W12–140, 1200 New Jersey Avenue SE, • Federal eRulemaking Portal: Go to respondents (9.1%) will be recruited Washington, DC 20590. http://www.regulations.gov and follow into the field study. • Hand Delivery: Deliver comments the online instructions for sending your Frequency: Response to the postal by hand to the U.S. Department of comments electronically. survey, and participation in the field Transportation, Docket Operations, M– • Mail: Send comments to Docket study, will be a one-time event. 30, West Building Ground Floor, Room Operations, M–30; U.S. Department of Estimated Average Burden per W12–140, 1200 New Jersey Avenue SE, Transportation, 1200 New Jersey Response: The postal survey will take Washington, DC 20590. The Docket Avenue SE, Room W12–140, West an estimated 8.25 minutes to complete. Section is open on weekdays from 10 Building Ground Floor, Washington, DC The field study will take an estimated a.m. to 5 p.m. except for Federal 20590–0001. 2 hours and 33 minutes of active holidays. • Hand Delivery or Courier: Take participation across 5 study days to • Electronically: Submit comments comments to Docket Operations in complete. electronically by logging onto the Room W12–140 of the West Building Estimated Total Annual Burden: The Federal Docket Management System Ground Floor at 1200 New Jersey estimated total annual burden for the (FDMS) website at https:// Avenue SE, Washington, DC, between 9 postal survey is 302 hours and 30 www.regulations.gov/. Follow the online a.m. and 5 p.m., Monday through minutes in each of the two years of the instructions for submitting comments. Friday, except Federal holidays. study, and 510 hours for field study. • Comments may also be faxed to • Fax: Fax comments to Docket Issued in Washington, DC. (202) 493–2251. Operations at (202) 493–2251. Comments must be written in the Kevin Welsh, FOR FURTHER INFORMATION CONTACT: English language, and be no greater than Executive Director, FAA Office of Sean Doyle by email at: sean.doyle@ Environment & Energy. 15 pages in length, although there is no faa.gov; phone: 202–267–3493. limit to the length of necessary [FR Doc. 2021–06045 Filed 3–23–21; 8:45 am] SUPPLEMENTARY INFORMATION: attachments to the comments. If Public Comments Invited: You are BILLING CODE 4910–13–P comments are submitted in hard copy asked to comment on any aspect of this form, please ensure that two copies are information collection, including (a) DEPARTMENT OF TRANSPORTATION provided. If you wish to receive Whether the proposed collection of confirmation that comments you have information is necessary for FAA’s National Highway Traffic Safety submitted by mail were received, please performance; (b) the accuracy of the Administration enclose a stamped, self-addressed estimated burden; (c) ways for FAA to postcard with the comments. Note that enhance the quality, utility and clarity [Docket No. NHTSA–2020–0100; Notice 1] all comments received will be posted of the information collection; and (d) Nissan North America, Inc., Receipt of without change to https:// ways that the burden could be Petition for Decision of www.regulations.gov, including any minimized without reducing the quality Inconsequential Noncompliance personal information provided. of the collected information. The agency All comments and supporting will summarize and/or include your AGENCY: National Highway Traffic materials received before the close of comments in the request for OMB’s Safety Administration (NHTSA), business on the closing date indicated clearance of this information collection. Department of Transportation (DOT). above will be filed in the docket and VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 15770 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices will be considered. All comments and required by paragraph S10.18.9.1.2 of order database for repair orders on the supporting materials received after the FMVSS No. 108. previous generation Sentra that closing date will also be filed and will IV. Rule Requirements involved re-aiming of the headlamps. be considered to the fullest extent Out of 1,389,330 vehicles, only 161 possible. Paragraph S10.18.9.1.2 of FMVSS No. repair orders were found that involved When the petition is granted or 108 includes the requirements relevant headlamp aiming. This rate of repair denied, notice of the decision will also to this petition. Vertical gradient. The would be 0.011% of vehicles. If the be published in the Federal Register gradient of the cutoff measured at either ° ° same rate of repair is applied to the pursuant to the authority indicated at 2.5 L or 2.0 R must be not less than expected 420 vehicles in the subject 0.13 based on the procedure of the end of this notice. population, we would expect only 0.05 S10.18.9.1.5. All comments, background vehicles of the subject population to documentation, and supporting V. Summary of Nissan’s Petition require a re-aiming in the field. materials submitted to the docket may be viewed by anyone at the address and The following views and arguments 5. Nissan asserts that the difference in times given above. The documents may presented in this section, ‘‘V. Summary gradient values between 0.12 and 0.13 also be viewed on the internet at https:// of Nissan’s Petition,’’ are the views and does not materially affect the ability of www.regulations.gov by following the arguments provided by Nissan. They a service technician to properly aim the online instructions for accessing the have not been evaluated by the Agency lamp in the rare case that this would docket. The docket ID number for this and do not reflect the views of the need to be done in the field. Agency. Nissan describes the subject petition is shown in the heading of this 6. Even if the lamps had to be re- notice. noncompliance and contends that the aimed at some point, according to DOT’s complete Privacy Act noncompliance is inconsequential as it Nissan, it is unlikely the driver or other Statement is available for review in a relates to motor vehicle safety. Federal Register notice published on In support of its petition, Nissan motorists would notice any glare or April 11, 2000 (65 FR 19477–78). provided NHTSA with the following: observable difference in operation between a fully compliant lamp and the SUPPLEMENTARY INFORMATION: 1. Nissan states that the supplier (Ichikoh) did not apply the correct subject lamps, based on the conditions I. Overview aiming logic when setting the head lamp described above. Nissan has determined that certain aim parameters in the subject vehicles 7. In the subject parts, all points of the MY 2020 Nissan Sentra motor vehicles and, as a result, the right-hand LED light distribution achieve the required do not fully comply with the headlamp aim may be misaligned specifications of FMVSS No. 108 for requirements of paragraph S10.18.9.1.2 resulting in a vertical gradient value both the low and high beam of FMVSS No. 108, Lamps, Reflective below 0.13. Nissan asserts that a lower performance. Devices, and Associate Equipment (49 G-Value will lead to a headlamp cut line Nissan concludes by again contending CFR 571.108). Nissan filed a that is slightly less sharp. Ichikoh noncompliance report dated August 26, inspected 3,506 lamps and found 572 that the subject noncompliance is 2020, pursuant to 49 CFR part 573, lamps with a G-Value below 0.13. inconsequential as it relates to motor Defect and Noncompliance However, when the cut-off value is vehicle safety, and that its petition to be Responsibility and Reports. Nissan brought down to two decimals instead exempted from providing notification of subsequently petitioned NHTSA on of three (per the express requirement in the noncompliance, as required by 49 September 18, 2020, for an exemption FMVSS No. 108), only 286 lamps (about U.S.C. 30118, and a remedy for the from the notification and remedy 8%) fall below the 0.13 minimum noncompliance, as required by 49 requirements of 49 U.S.C. Chapter 301 threshold. Of the 286 lamps, 248 (about U.S.C. 30120, should be granted. on the basis that this noncompliance is 87%) are at a gradient value of 0.12. NHTSA notes that the statutory 2. Ichikoh has also confirmed that, inconsequential as it relates to motor provisions (49 U.S.C. 30118(d) and even when the G-Value is below 0.13, vehicle safety, pursuant to 49 U.S.C. 30120(h)) that permit manufacturers to all points of the Light Distribution 30118(d) and 30120(h) and 49 CFR part file petitions for a determination of achieve the required specifications of 556, Exemption for Inconsequential inconsequentiality allow NHTSA to Defect or Noncompliance. FMVSS No. 108 for both the low and high beam performance. exempt manufacturers only from the This notice of receipt of Nissan’s duties found in sections 30118 and petition is published under 49 U.S.C. 3. Nissan states that it has not received any reports from the field of 30120, respectively, to notify owners, 30118 and 30120 and does not represent purchasers, and dealers of a defect or any Agency decision or other exercise of customer complaints, warranty claims, noncompliance and to remedy the judgment concerning the merits of the crashes, injuries, or fatalities related to defect or noncompliance. Therefore, any petition. this issue. 4. Nissan contends that the purpose of decision on this petition only applies to II. Motor Vehicles Involved the gradient requirement is to assist in the subject vehicles that Nissan no Approximately 5,520 MY 2020 Nissan headlamp re-aiming. Nissan says that longer controlled at the time it Sentra motor vehicles, manufactured the vehicles potentially affected by this determined that the noncompliance between November 26, 2019, and March issue were aimed properly at the factory existed. However, any decision on this 24, 2020, are potentially involved. using a different aiming method. petition does not relieve vehicle Therefore, the only potential concern distributors and dealers of the III. Noncompliance would relate to re-aiming performed prohibitions on the sale, offer for sale, Nissan explains that the after the vehicle has been in use. or introduction or delivery for noncompliance is that the right-hand Aiming of the headlamps by a service introduction into interstate commerce of LED headlamp aim in the subject technician in the field is an event that the noncompliant vehicles under their vehicle may be misaligned resulting in is expected to occur infrequently. To control after Nissan notified them that a vertical gradient value below 0.13 as confirm this, Nissan searched its repair the subject noncompliance existed. VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices 15771 Authority: 49 U.S.C. 30118, 30120: III. Review and Approval of report. The Subcommittee may discuss delegations of authority at 49 CFR 1.95 and Subcommittee Agenda and Setting of options for resolution of these issues. 501.8. Ground Rules—Subcommittee Chair IX. Motor Carriers with Repeated Otto G. Matheke III, For Discussion and Possible Suspended Payments for a Registration Director, Office of Vehicle Safety Compliance. Subcommittee Action Year—Subcommittee Chair and [FR Doc. 2021–06025 Filed 3–23–21; 8:45 am] The Agenda will be reviewed, and the Subcommittee Vice Chair BILLING CODE 4910–59–P Subcommittee will consider adoption. The Subcommittee Chair and Ground Rules Subcommittee Vice Chair will lead a discussion regarding the resolution of D Subcommittee action only to be these suspended payments. UNIFIED CARRIER REGISTRATION taken in designated areas on agenda. PLAN X. Motor Carriers Suspended in a Prior IV. Review and Approval of Minutes Year, May be Reported Suspended for from the December 3, 2020 Meeting— the Current Year—Subcommittee Chair Sunshine Act Meeting Notice; Unified Subcommittee Chair Carrier Registration Plan Board and Subcommittee Vice Chair Subcommittee Meeting For Discussion and Possible The Subcommittee Chair and Subcommittee Action Subcommittee Vice Chair will lead a TIME AND DATE: March 25, 2021, from Draft minutes from the December 3, discussion regarding carriers that were Noon to 2:00 p.m., Eastern time. 2020 Subcommittee meeting via suspended in a prior registration year, teleconference will be reviewed. The then properly paid registration fees for PLACE: This meeting will be accessible Subcommittee will consider action to the current year, may now show via conference call and via Zoom approve. suspended for both years. The Meeting and Screenshare. Any Subcommittee will discuss options for interested person may call (i) 1–929– V. Update on the Tracking of Audit Data in the DSL Focused Anomaly the resolution of these suspended 205–6099 (US Toll) or 1–669–900–6833 Reviews (FARs)—Subcommittee Chair payments. (US Toll) or (ii) 1–877–853–5247 (US Toll Free) or 1–888–788–0099 (US Toll The Subcommittee Chair will discuss XI. Allowing Motor Carrier to Process Free), Meeting ID: 988 1565 4454, to the merits of the Subcommittee having 2020/2021 UCR on Inactive USDOT listen and participate in this meeting. an oversight role in the audit notes on (inactivated 2014)—Subcommittee Chair and Subcommittee Vice Chair The website to participate via Zoom closed audits regarding the FARs and Meeting and Screenshare is https:// MCS–150 databases when there is an The Subcommittee Chair and indication of an error or insufficient kellen.zoom.us/j/98815654454. Subcommittee Vice Chair will lead a documentation to close the audit. discussion regarding the suspended STATUS: This meeting will be open to the VI. MCS–150 Retreat Audit Program— payments. public. Subcommittee Chair and DSL XII. Review the Requirements for the Transportation MATTERS TO BE CONSIDERED: The Unified 2020 Annual State Audit Report— Carrier Registration Plan Audit The Subcommittee Chair and DSL Subcommittee Chair Subcommittee (the ‘‘Subcommittee’’) Transportation will lead a discussion will continue its work in developing regarding the MCS–150 retreat audit The Subcommittee Chair will lead a and implementing the Unified Carrier program provided by UCR and the discussion regarding the reports and Registration Plan and Agreement. The progress made with participating states. percentages for the annual report to the subject matter of this meeting will States may opt into the program. States Board which is due by June 1, 2021. include: will remain engaged in the audit process XIII. Other Items—Subcommittee Chair but may have a lesser burden of having Proposed Agenda to attend to unresponsive/unproductive The Subcommittee Chair will call for retreat audits. any other items the committee members I. Call to Order—Subcommittee Chair would like to discuss. VII. Review the Leasing Company The Subcommittee Chair will XIV. Adjournment—Subcommittee welcome attendees, call the meeting to Guidance for Large Leasing Companies (Penske)—Subcommittee Chair Chair order, call roll for the Subcommittee, confirm whether a quorum is present, The Subcommittee Chair will lead a The Subcommittee Chair will adjourn the meeting. and facilitate self-introductions. discussion regarding potential conflicting guidance for these The agenda will be available no later II. Verification of Publication of companies. than 5:00 p.m. Eastern time, March 18, Meeting Notice—UCR Executive 2021 at: https://plan.ucr.gov. Director VIII. Intrastate Carriers Processing Payment—Subcommittee Chair and CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified The UCR Executive Director will Subcommittee Vice Chair Carrier Registration Plan Board of verify the publication of the meeting The Subcommittee Chair and Directors, (617) 305–3783, eleaman@ notice on the UCR website and Subcommittee Vice Chair will lead a board.ucr.gov. distribution to the UCR contact list via discussion regarding these carriers email followed by the subsequent contacting their financial institution to Alex B. Leath, publication of the notice in the Federal withdraw payment and how this action Chief Legal Officer, Unified Carrier Register. leaves those carriers permanently on the Registration Plan. UCR Suspension Report. The states have [FR Doc. 2021–06151 Filed 3–22–21; 11:15 am] no way of removing them from the BILLING CODE 4910–YL–P VerDate Sep<11>2014 16:30 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00132 Fmt 4703 Sfmt 9990 E:\FR\FM\24MRN1.SGM 24MRN1 khammond on DSKJM1Z7X2PROD with NOTICES FEDERAL REGISTER Vol. 86 Wednesday, No. 55 March 24, 2021 Part II The President Proclamation 10157—National Poison Prevention Week, 2021 VerDate Sep<11>2014 16:31 Mar 23, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24MRD0.SGM 24MRD0 khammond on DSKJM1Z7X2PROD with PRESDOC VerDate Sep<11>2014 16:31 Mar 23, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\24MRD0.SGM 24MRD0 khammond on DSKJM1Z7X2PROD with PRESDOC 15775 Federal Register Presidential Documents Vol. 86, No. 55 Wednesday, March 24, 2021 Title 3— Proclamation 10157 of March 19, 2021 The President National Poison Prevention Week, 2021 By the President of the United States of America A Proclamation Sixty years ago, the Congress established National Poison Prevention Week to remind all Americans to stay vigilant and protect our families from the often hidden threat of poisoning. Never has that reminder been more timely than this year—9 out of 10 poisonings occur inside the home, and with families spending more time indoors due to the COVID–19 pandemic, children and isolated seniors are at an increased risk of accidental poisoning that could result in injury or death. Young children are particularly vulnerable to accidental poisoning because— as every parent knows—children tend to explore objects with their hands and mouths. That’s especially true when it comes to products with floral or fruity aromas, or those that come in colorful packaging. Hand sanitizer, household cleaning products, laundry packets, medications, coin cell bat- teries, and liquid nicotine are among the most commonly ingested products; these and similar items should be stored in child-resistant packaging and kept out of sight and out of reach of children. Medications should be secured and, if possible, locked away. And unfinished or unused medicine should be properly discarded—many pharmacies and police departments have disposal kiosks for just that purpose. In 2019, approximately 67,500 of our Nation’s children under the age of 5 had to visit the emergency room due to unintended poisoning. About 85 percent of these incidents occurred in the home, most often because they ingested blood pressure medications, acetaminophen, bleach, ibuprofen, antidepressants, attention deficit disorder medications, or laundry packets. Elderly Americans are also at risk of mistaking medications and ingesting household products; for seniors who are isolated due to the pandemic, it is particularly important to secure and clearly label medications and poisonous substances. Poison control centers are a vital component of our Nation’s response to poisonings. Centers across the United States operate around the clock and respond to approximately three million calls every year from the public, as well as from health care providers, 911 public-safety access points, health departments, law enforcement, first responders, and other safety agencies. They represent our first line of defense in many cases, including when it comes to the opioid epidemic that continues to devastate so many of our families and communities. According to the Centers for Disease Control and Prevention, overdose deaths have increased significantly in the past several years. Opioids are the main driver for this increase, killing nearly 47,000 people in the United States in 2018. Two out of three opioid-involved overdose deaths involve synethic opioids, including illegally manufactured fentanyl. When used in combina- tion with other drugs, with or without the user’s knowledge, it can be poisonous and deadly. But even legal substances, like liquid nicotine, can pose a deadly risk. Ingestion of small amounts of liquid nicotine can be extremely hazardous and even deadly to children, which is why the Consumer Product Safety Commission has warned vape shops and other retailers that selling liquid VerDate Sep<11>2014 16:31 Mar 23, 2021 Jkt 253250 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\24MRD0.SGM 24MRD0 khammond on DSKJM1Z7X2PROD with PRESDOC 15776 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Presidential Documents nicotine without proper packaging violates Federal law. To avoid potential poisonings, always store liquid nicotine in its child-resistant packaging, tightly seal the container after each use, and keep it locked or stored away from children. If you believe someone has been poisoned, immediately call the Poison Control Help line at 800–222–1222. For more information, go to poisonhelp.org. To encourage Americans to learn more about the dangers of unintentional poisonings and to take appropriate preventive measures, on September 26, 1961, the United States Congress, by joint resolution (75 Stat. 681), authorized and requested the President to issue a proclamation designating the third week of March each year as ‘‘National Poison Prevention Week.’’ NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim March 21 through March 27, 2021, to be National Poison Prevention Week. I call upon all Americans to observe this week by taking actions to safeguard their families from poisonous prod- ucts, chemicals, and medicines often found in our homes, and to raise awareness of these dangers to prevent accidental injuries and deaths. IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of March, 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. 2021–06252 Filed 3–23–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:31 Mar 23, 2021 Jkt 253250 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\24MRD0.SGM 24MRD0 khammond on DSKJM1Z7X2PROD with PRESDOC BIDEN.EPS i Reader Aids Federal Register Vol. 86, No. 55 Wednesday, March 24, 2021 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 9 CFR Executive orders and proclamations 741–6000 Proclamations: Proposed Rules: The United States Government Manual 741–6000 10149...... 11847 Ch. I ...... 13221 10150...... 12515 149...... 12293 Other Services 10151...... 12517 Ch. III ...... 13221 Electronic and on-line services (voice) 741–6020 10152...... 12519 307...... 12122 Privacy Act Compilation 741–6050 10153...... 12523 350...... 12122 10154...... 12525 352...... 12122 354...... 12122 ELECTRONIC RESEARCH 10155...... 12527 10156...... 15559 362...... 12122 World Wide Web 10157...... 15775 381...... 12122 Executive Orders: 533...... 12122 Full text of the daily Federal Register, CFR and other publications 14017...... 11849 590...... 12122 is located at: www.govinfo.gov. 14018...... 11855 592...... 12122 14019...... 13623 Federal Register information and research tools, including Public 10 CFR Inspection List and electronic text are located at: 14020...... 13797 www.federalregister.gov. 14021...... 13803 72...... 15563 Administrative Orders: 1061...... 14807 E-mail Memorandums: Proposed Rules: FEDREGTOC (Daily Federal Register Table of Contents Electronic NSPM-16 of February 2...... 14695 Mailing List) is an open e-mail service that provides subscribers 7, 2019 (amended 21...... 14695 with a digital form of the Federal Register Table of Contents. The by EO 14020)...... 13797 26...... 14695 digital form of the Federal Register Table of Contents includes Notices: 50...... 14695 HTML and PDF links to the full text of each document. Notice of March 2, 51...... 14695 2021 ...... 12793 52...... 14695 To join or leave, go to https://public.govdelivery.com/accounts/ Notice of March 2, 55...... 14695 USGPOOFR/subscriber/new, enter your email address, then 2021 ...... 12795 72...... 15624 follow the instructions to join, leave, or manage your Notice of March 2, 73...... 14695 subscription. 2021 ...... 12797 PENS (Public Law Electronic Notification Service) is an e-mail Notice of March 5, 12 CFR service that notifies subscribers of recently enacted laws. 2021 ...... 13621 3...... 15076 5...... 15076 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5 CFR and select Join or leave the list (or change settings); then follow 217...... 15076 the instructions. 532...... 11857, 12799 228...... 13805 Proposed Rules: 302...... 12079 FEDREGTOC and PENS are mailing lists only. We cannot 849...... 13217 324...... 15076 respond to specific inquiries. 627...... 15081 Reference questions. Send questions and comments about the 6 CFR 700...... 15397 Federal Register system to: [email protected] Ch. I ...... 13971 702...... 15397 The Federal Register staff cannot interpret specific documents or Proposed Rules: 708a...... 15397 regulations. 5 ...... 15134, 15136, 15138 708b...... 15397 725...... 15568 7 CFR 790...... 15397 FEDERAL REGISTER PAGES AND DATE, MARCH 927...... 15561 Ch. X...... 14808 11847–12078...... 1 15561–15776...... 24 983...... 12799 1002...... 14363 12079–12256...... 2 1783...... 14525 Proposed Rules: 12257–12514...... 3 Proposed Rules: 22...... 14696 12515–12798...... 4 800...... 12119 208...... 14696 12799–13148...... 5 984...... 12837 339...... 14696 614...... 14696 13149–13442...... 8 8 CFR 700...... 13494 13443–13622...... 9 103...... 14221 701...... 13494 13623–13796...... 10 106...... 14221 702...... 13498 13797–13970...... 11 208...... 15069, 15072 703...... 13494, 13498 13971–14220...... 12 212...... 14221 704...... 13494 14221–14362...... 15 213...... 14221 713...... 13494 14363–14524...... 16 214...... 14221 760...... 14696 14525–14688...... 17 245...... 14221 1026...... 12839 14689–14806...... 18 248...... 14221 14807–15068...... 19 1208...... 15069 13 CFR 15069–15396...... 22 Proposed Rules: 120...... 13149, 15083 15397–15560...... 23 213a...... 15140 121...... 15083 VerDate Sep 11 2014 19:14 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\24MRCU.LOC 24MRCU khammond on DSKJM1Z7X2PROD with FR-3CU ii Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Reader Aids 14 CFR 275...... 13024 8...... 14558 100...... 14714, 14716 1...... 13629 279...... 13024 18...... 14559 165 ...... 12887, 14389, 15625 11...... 13629, 13630 22...... 14558 18 CFR 34 CFR 21...... 13630 24...... 14558 25 ...... 14229, 14231, 14233, 157...... 12257 26...... 14558 Proposed Rules: 14234, 14237, 14810 Proposed Rules: 29...... 14558 Ch. III...... 12136, 14048, 14374 27...... 14526 4...... 13506 37...... 14558 361...... 13511 39 ...... 12086, 12802, 12804, 5...... 13506 38...... 14558 12807, 12809, 13157, 13159, 35...... 12132 96...... 14558 37 CFR 103...... 14297 13162, 13165, 13443, 13445, 284...... 12132, 12879 210...... 12822 417...... 14558 13631, 13633, 13637, 13640, 19 CFR 458...... 14558 13805, 13807, 13809, 13811, 38 CFR 500...... 14558 13814, 13972, 13975, 13982, Ch. I...... 12534, 14812, 14813 3...... 15413 4...... 14245 525...... 14558 13985, 13987, 13989, 14238, Proposed Rules: 12...... 13993 530...... 14558 14241, 14366, 14528, 14531, 9...... 15448 122...... 14245 580...... 14558 15089, 15092, 15572, 15576 17...... 15628 123...... 14245 780...... 14027 43...... 13630 788...... 14027 47...... 13629 145...... 14245 39 CFR 149...... 14245 791...... 14038 48...... 13629 795...... 14027 230...... 14539 71 ...... 11859, 11860, 13168, 20 CFR 1978...... 14558 3050...... 15449 13169, 13171, 13172, 13447, 655...... 13995 1979...... 14558 13448, 13642, 13644, 13992, 40 CFR 656...... 13995 1980...... 14558 15401, 15403 1981...... 14558 9...... 15096 89...... 13629 Proposed Rules: 501...... 14557 1982...... 14558 49...... 12260 91...... 13629 1983...... 14558 52 ...... 11867, 11870, 11872, 97 ...... 12812, 12815, 12816, 641...... 14558 655...... 14558, 15154 1984...... 14558 11873, 11875, 11878, 12092, 12819, 15579, 15583 1985...... 14558 12095, 12107, 12263, 12265, 107...... 13629, 13630 656...... 15154 658...... 14558 1986...... 14558 12270, 12827, 13191, 13655, 401...... 13448 1987...... 14558 13658, 13816, 13819, 14000, 404...... 13448 667...... 14558 683...... 14558 1988...... 14558 14007, 14541, 14827, 15101, 413...... 13448 2204...... 13251 15104, 15414, 15418 414...... 13448 726...... 14558 60...... 15421 415...... 13448 802...... 14558 31 CFR 62...... 12109, 13459 417...... 13448 21 CFR 16...... 12537 63...... 13819 420...... 13448 27...... 12537 81...... 12107, 14832 431...... 13448 6...... 15404 510...... 13181, 14815 35...... 13449 82...... 15587 433...... 13448 50...... 12537 516...... 13181 131...... 14834 435...... 13448 501...... 14534 520...... 13181, 14815 141...... 12272, 14003 437...... 13448 510...... 14534 522...... 13181, 14815 147...... 14846 440...... 13448 535...... 14534 524...... 13181, 14815 180 ...... 12829, 13196, 13459 450...... 13448 536...... 14534 526...... 13181 271...... 12834 460...... 13448 539...... 14534 529...... 13181, 14815 281...... 15596 1264...... 14244 541...... 14534 556...... 13181, 14815 282...... 12110, 15596 1271...... 14244 542...... 14534 558...... 13181, 14815 721...... 15096 Proposed Rules: 544...... 14534 1308...... 11862, 12257 Proposed Rules: 25...... 14387 546...... 14534 49...... 14392 39 ...... 12127, 12294, 12550, Proposed Rules: 547...... 14534 52 ...... 11913, 11915, 12143, 12857, 12862, 13222, 13225, 1308...... 12296, 14707 548...... 14534 12305, 12310, 12554, 12889, 13228, 13229, 13232, 13234, 22 CFR 549...... 14534 13237, 13239, 13502, 13505, 552...... 14534 13254, 13256, 13260, 13264, 13665, 13828, 13830, 13833, 126...... 14802 560...... 14534 13511, 13514, 13671, 13679, 13836, 13838, 13841, 14017, Proposed Rules: 561...... 14534 13843, 14055, 14061, 14297, 14020, 14023, 14281, 14283, 213...... 11905 566...... 14534 14299, 14392, 14396, 14856, 15634 14285, 14289, 14290, 14293, 24 CFR 576...... 14534 14551, 14554, 15140, 15143, 583...... 14534 62...... 11916 15146, 15149, 15151, 15431, 28...... 14370 584...... 14534 81...... 12892 15434, 15436, 15439, 15443 30...... 14370 588...... 14534 141...... 13846, 14063 71 ...... 12129, 12865, 12866, 87...... 14370 592...... 14534 147...... 14858 12868, 13242, 13244, 13246, 180...... 14370 594...... 14534 158...... 15362 13247, 13249, 13668, 13670, 3280...... 13645 597...... 14534 174...... 15162 14026, 14293, 14295, 14556, 3282...... 13645, 14370 598...... 14534 180...... 15162 15445, 15447 3285...... 13645 257...... 14066 32 CFR 271...... 12895 73...... 12552 26 CFR 575...... 15408 281...... 15686 15 CFR 1 ...... 12821, 13191, 13647, 282...... 12145, 15686 33 CFR 740...... 13173, 14689 13648, 15448 414...... 14560 742...... 13173, 14689 Proposed Rules: 100 ...... 13998, 15408, 15584, 751...... 14398 744 ...... 12529, 13173, 13179, 1...... 12886, 13250 15585 117...... 12821, 15410 41 CFR 14534 29 CFR 922...... 15404 165 ...... 12539, 12541, 12543, Proposed Rules: 780...... 12535 13649, 13651, 13653, 15094, 60–30...... 14558 16 CFR 788...... 12535 15408 317...... 12091 795...... 12535 401...... 15411 42 CFR 4044...... 14280 402...... 15585 1...... 15404 17 CFR Proposed Rules: Proposed Rules: 51c ...... 15423 201...... 13645 7...... 14558 96...... 11913 400...... 14690 VerDate Sep 11 2014 19:14 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\24MRCU.LOC 24MRCU khammond on DSKJM1Z7X2PROD with FR-3CU Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Reader Aids iii 404...... 15404 Proposed Rules: 13684, 14401, 15180, 15181, 49 CFR 160...... 13683 15182, 15451 405...... 14542 191...... 12834 164...... 13683 410...... 14690 101...... 13266 192...... 12834, 12835 414...... 14690 46 CFR 209...... 11888 415...... 14690 211...... 11888 401...... 14184 48 CFR 423...... 14690 389...... 11891 404...... 14184 Ch. 1 ...... 13794 424...... 14690 Ch. XII...... 13971 425...... 14690 Proposed Rules: 4...... 13794 71...... 11913 52...... 13794 Proposed Rules: 1000...... 15404 571...... 13684 1001...... 15132 115...... 11913 Proposed Rules: 176...... 11913 Proposed Rules: 1...... 14862, 14863 50 CFR 51c ...... 13872 2...... 14863 47 CFR 11...... 15427 100...... 14567 3...... 14862, 14863 17 ...... 11892, 13200, 13465, 0...... 12545 4...... 14863 1...... 12545, 15026 15602 43 CFR 7...... 14863 25...... 11880 300...... 13475, 15428 9...... 14863 8365...... 14009 27...... 13659 622...... 14549, 15430 11...... 14863 635 ...... 12291, 12548, 13491 44 CFR 73...... 14851 74...... 13660 12...... 14862, 14863 648...... 13823, 14012 13...... 14863 64...... 12117, 14545 Proposed Rules: 660 ...... 13824, 14379, 14693 Proposed Rules: 1 ...... 12146, 12312, 12556, 14...... 14863 679 ...... 11895, 13215, 13493, 206...... 14067 12898, 15165 15...... 14863 14013, 14014, 14015, 14694, 2...... 13266 16...... 14863 14851 45 CFR 9...... 12399 18...... 14863 680...... 11895 8...... 15404 15...... 13266 19...... 14864 Proposed Rules: 200...... 15404 25...... 13266 25...... 14863 17...... 12563, 15637 300...... 15404 27...... 12146, 13266 35...... 14864 219...... 15298 403...... 15404 54...... 15165, 15172 37...... 14863 223...... 13517, 13518 1010...... 15404 63...... 12312 42...... 14863 226...... 13517, 13518 1230...... 13822 64...... 14859 44...... 14863 622...... 12163, 12166 1300...... 15404 73 ...... 12161, 12162, 12163, 52...... 14862, 14863 648...... 12591 2554...... 13822 12556, 12898, 13278, 13516, 53...... 14863 660...... 14401 VerDate Sep 11 2014 19:14 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\24MRCU.LOC 24MRCU khammond on DSKJM1Z7X2PROD with FR-3CU iv Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Reader Aids Register but may be ordered Disability Insurance Access subscribe, go to https:// in ‘‘slip law’’ (individual Act of 2019. (Mar. 23, 2021; listserv.gsa.gov/cgi-bin/ LIST OF PUBLIC LAWS pamphlet) form from the 135 Stat. 246) wa.exe?SUBED1=PUBLAWS- Superintendent of Documents, Last List March 15, 2021 L&A=1 This is a continuing list of U.S. Government Publishing public bills from the current Office, Washington, DC 20402 session of Congress which (phone, 202–512–1808). The Note: This service is strictly have become Federal laws. text will also be made Public Laws Electronic for email notification of new This list is also available available at https:// Notification Service laws. The text of laws is not online at https:// www.govinfo.gov. Some laws (PENS) available through this service. www.archives.gov/federal- may not yet be available. PENS cannot respond to register/laws. S. 579/P.L. 117–3 PENS is a free email specific inquiries sent to this The text of laws is not To make a technical notification service of newly address. published in the Federal correction to the ALS enacted public laws. To VerDate Sep 11 2014 19:14 Mar 23, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\24MRCU.LOC 24MRCU khammond on DSKJM1Z7X2PROD with FR-3CU